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2021-03-02 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 02, 2021 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/86271481595 Or join by phone: 1-669-900-6833 Webinar ID: 862 7148 1595 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the February 16, 2021 City Council Work Session 2. Approve Minutes of the February 16, 2021 City Council Regular Meeting 3. Hill's Century Farm North #2 Sanitary Sewer and Water Main Easement No. 1 4. Minert Office Partial Release of Permanent Water and Sewer Easement 5. Sky Mesa Subdivision No. 4 Sanitary Sewer and Water Main Easement 6. Sky Mesa Subdivision No. 4 Water Main Easement 7. Final Plat for Apex Northwest No. 1 (FP-2021-0004) by Brighton Development, Inc., Located at the Northwest Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 8. Final Plat for Jocelyn Park No. 1 (FP-2020-0019) by Erickson Civil, Located on the South Side of W. Victory Rd., Approximately ¼ Mile West of S. Meridian Rd. 9. Final Plat for Jocelyn Park No. 2 (FP-2020-0020) by Erickson Civil, Located on the South Side of W. Victory Rd., Approximately ¼ Mile West of S. Meridian Rd. 10. Final Order for Delano No. 1 (FP-2021-0001) by Challenger Development, Inc., Generally Located West of N. Eagle Rd./SH-55 and South of E. Wainwright Dr. 11. Final Order for Impressive East Ridge Subdivision No. 2 (FP-2021-0002) by DevCo Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. 12. Findings of Fact, Conclusions of Law for Mark Enos Annexation (H-2020-0119) by Mark Enos, Located at 2972 E. Leslie Dr. 13. Development Agreement Between the City of Meridian and Berkeley Communities, LLC for Daphne Square Subdivision (H-2020-0101) 14. Approval of AIA B133 Agreement for the Police Department Administration Tenant Improvement with CSHQA Architects for the Not-To-Exceed amount of $100,000.00 15. Approval of Grantee Agreements for the Meridian Small Business Grant Program 16. Finance Department: Fiscal Year 2020 Financial Statement Audit Report 17. City of Meridian Financial Report - January 2021 18. Resolution No. 21-2258: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary Records of the City of Meridian; and Providing an Effective Date 19. Resolution No. 21-2259: A Resolution Approving a Memorandum of Understanding Between the Garden City Police Department, the Boise Police Department, and the Meridian Police Department, to Grant Authority to Police Officers for Each Agency to Exercise Peace Officer Authority in the Jurisdiction of the Other Agencies; Authorizing the Mayor and the Chief of Police to Execute Said Memorandum of Understanding; and Providing an Effective Date 20. Resolution No. 21-2260: A Resolution Approving Submission and Adoption of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report for Program Year 2019 to the United States Department of Housing and Urban Development; Authorizing the Mayor and City Clerk to Execute and Attest the Same on Behalf of the City of Meridian; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 21. Meridian Arts Commission: Annual Report 22. Historic Preservation Commission: Annual Report 23. Police Department, Code Enforcement Division: Discussion Regarding Potential Ordinance Regulating Parking in Front of Mailboxes ORDINANCES 24. Ordinance No. 21-1919: An Ordinance (H-2020-0101 – Daphne Square Subdivision) for Annexation of a Portion of the SW ¼ of the SW ¼ of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and Being More Particularly Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 4.97 Acres of Land from RUT to R-15 (Medium High Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener FUTURE MEETING TOPICS EXECUTIVE SESSION 25. Per Idaho Code 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener In to executive session: 5:36pm Out of executive session: 5:52pm ADJOURNMENT 5:52pm Item#3. Meridian City Council Work Session March 2, 2021. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, March 2, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton. Also present: Chris Johnson, Bill Nary, Jeff Brown, Joe Bongiorno, Lacy Ooi, and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is Tuesday, March 2nd, at 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Cavener: Second the motion, Mr. Mayor. Simison: I have a motion and a second to adopt the agenda as published. Any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the February 16, 2021 City Council Work Session 2. Approve Minutes of the February 16, 2021 City Council Regular Meeting Page 81 Meridian City Council Work Session Item#3. March 2,2021 Page 2 of 24 3. Hill's Century Farm North #2 Sanitary Sewer and Water Main Easement No. 1 4. Minert Office Partial Release of Permanent Water and Sewer Easement 5. Sky Mesa Subdivision No. 4 Sanitary Sewer and Water Main Easement 6. Sky Mesa Subdivision No. 4 Water Main Easement 7. Final Plat for Apex Northwest No. 1 (FP-2021-0004) by Brighton Development, Inc., Located at the Northwest Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 8. Final Plat for Jocelyn Park No. 1 (FP-2020-0019) by Erickson Civil, Located on the South Side of W. Victory Rd., Approximately '/4 Mile West of S. Meridian Rd. 9. Final Plat for Jocelyn Park No. 2 (FP-2020-0020) by Erickson Civil, Located on the South Side of W. Victory Rd., Approximately '/4 Mile West of S. Meridian Rd. 10. Final Order for Delano No. 1 (FP-2021-0001) by Challenger Development, Inc., Generally Located West of N. Eagle Rd./SH-55 and South of E. Wainwright Dr. 11. Final Order for Impressive East Ridge Subdivision No. 2 (FP-2021- 0002) by DevCo Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. 12. Findings of Fact, Conclusions of Law for Mark Enos Annexation (H- 2020-0119) by Mark Enos, Located at 2972 E. Leslie Dr. 13. Development Agreement Between the City of Meridian and Berkeley Communities, LLC for Daphne Square Subdivision (H-2020-0101) 14. Approval of AIA 13133 Agreement for the Police Department Administration Tenant Improvement with CSHQA Architects for the Not-To-Exceed amount of $100,000.00 15. Approval of Grantee Agreements for the Meridian Small Business Grant Program 16. Finance Department: Fiscal Year 2020 Financial Statement Audit Report 17. City of Meridian Financial Report - January 2021 Page 82 Meridian City Council Work Session Item#3. March 2,2021 Page 3 of 24 18. Resolution No. 21-2258: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary Records of the City of Meridian; and Providing an Effective Date 19. Resolution No. 21-2259: A Resolution Approving a Memorandum of Understanding Between the Garden City Police Department, the Boise Police Department, and the Meridian Police Department, to Grant Authority to Police Officers for Each Agency to Exercise Peace Officer Authority in the Jurisdiction of the Other Agencies; Authorizing the Mayor and the Chief of Police to Execute Said Memorandum of Understanding; and Providing an Effective Date 20. Resolution No. 21-2260: A Resolution Approving Submission and Adoption of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report for Program Year 2019 to the United States Department of Housing and Urban Development; Authorizing the Mayor and City Clerk to Execute and Attest the Same on Behalf of the City of Meridian; and Providing an Effective Date Simison: Next item is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second the motion, Mr. Mayor. Hoaglun: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the motion is agreed to and the Consent Agenda is passed. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 21. Meridian Arts Commission: Annual Report Simison: So, we will go on to Item 21, which is our Department/Commission Reports and Page 83 Meridian City Council Work Session Item#3. March 2,2021 Page 4 of 24 we will hear from our Arts Commission annual report and I will turn this over to Bonnie. Griffith: Hello, Mayor and Council Members. I'm thinking you can seethe --the beginning of our annual report for the Meridian Arts Commission. Can you all hear me okay? Okay. Okay. So, the Meridian Arts Commission operates with their mission statement, which is to develop, advance, and nurture all facets of the arts, to enhance the quality of life for Meridian residents and their visitors. So, we are a commission of eight, serving three year terms, with one youth commissioner serving a one year term. An ex-officio of the city government and the arts and culture coordinator. So, next slide. So, the --we operate in 2020 with three different subcommittees. The first one is the public art subcommittee, the events and outreach subcommittee, and the Initial Point Gallery subcommittee. So, next slide. The purpose of the public art subcommittee -- subcommittee is to identify and develop public artwork in Meridian and it's through the MAPS resolution that -- that MAC receives 50,000 dollars annually and the public arts commission is tasked with identifying and developing public art projects that effectively use this funding to expand the collection of the public art throughout the city. Next slide. So, in 2019 there were three different works of art that were proposed and approved on and those were installed, then, in 2020. One of them being the bronze at Fire Station Number 6 and, then, two individual art sculptures in the two different city parks, one at Champions Park and one at Renaissance Park. Next slide. The other thing that the -- the subcommittee takes care of is our traffic box series. So, in 2020 there were 20 -- there were ten new wraps installed. Five of those were chosen from local artists and funded by the MAPS program and five wraps were selected from the West Ada School District student art show and those were funded by MDC. So, the public art plan -- we were tasked with a goal to develop a public art plan that would help guide the selection and installation of future public art pieces in Meridian. So, a partnership was developed with Via Partnership, a public art consultant. They put together a questionnaire that was distributed to all Meridian residents and I believe we received nearly 300 questionnaires back. They also spoke to city employees and community leaders on the arts development possibilities and they provided a workshop for the Meridian Art Commissioners in -- in organizing and developing a public art plan. So, what's next? MAC will hold a facilitated workshop following -- following up on that and that will happen in March -- the end of March of this year. The next thing that this committee has taken care of is initiating the mural series project. So, the goal is to have three new murals for Meridian, the first murals of the city's collection. So, last year there -- there was the call out to artists and to businesses to -- to -- to house -- home these -- these different murals. Three different businesses were selected. One of them was the Boise Co-op in the -- at The Villages. The other were located in the near -- in downtown area at Sage Point Financial and the Meridian Cycle. So, three artists -- different art -- artists or art groups have been selected and those projects are expected to be completed in late summer, early fall of 2021. The events and outreach subcommittee. Their purpose is to provide events and activities that engage Meridian residents in the visual and performing arts in a family and friend --or family friendly setting. So, they--this committee was met with some big challenges, because these were all social events that have been planned. One of them, which is the concert series, that was shuttered until 2021 and those -- those artists that were selected for the 2020 series concerts were now going to be -- they are going to be doing the -- the concerts in 2021 . So, a major event that -- that Page 84 Meridian City Council Work Session Item#3. March 2,2021 Page 5 of 24 the events and outreach committee takes care of is Meridian Art Week and those events were -- were -- they happened last year, but they were -- had a little bit different take on it because of the pandemic. The art drop went on as -- as before and that's where artists developed little pieces of art and hid around -- hid their art pieces around downtown and people could find those and claim them as their own. The chalk art competition took on a little different look. Rather than having artists congregate in the downtown area and painting on city sidewalks, they -- they instead painted on their driveways and sidewalks of their homes and their individual neighborhoods and, then, shared their art on social media and since it was a competition that was, then, judged by the photos that were submitted and new this past year were the art workshops that happened with social distancing, et cetera, and there were 13 classes offered. A paint night. Acting and improv. Dance. Hand drums. Writing. And floral design. And, then, because the art drop has been so successful the committee decided to take a spin on -- spin off of that for the holidays and do an art drop -- an ornament drop in December of last year and that was a big hit. It appealed to a wide audience, brought people downtown, and these ornaments were gently hidden and hung on trees and bushes, etcetera, and people could find them and claim them for their own. So, I think what's next with that is that it's going to happen again and the Initial Gallery -- Initial Point Gallery committee, the purpose of this committee is to provide a fine art gallery space for the showcase of visual art, both two and 3D for the Meridian students of the West Ada School District, as well as local and regional artists, both emerging and professional in their level of expertise. So, again, this was another -- another area that got hit with -- and needed some changes with the pandemic. The -- typically we schedule 12 one month long shows throughout the year and this year eight of those shows were able to be done and within those shows there were 98 artists that showed their works. So, the -- and that -- and, then, last year, of course, were selected -- we select a year in advance for our next year's exhibit schedule and interestingly we -- we had double the average number of applicants for the '21 calendar year. We did -- we did do something a little different and that is that we have -- we have established a continual call to artists and, then, with notices as to when we will be doing the selection. So, if somebody wants to apply for the following year they -- they know that they need to get their application done. So, what's next for MAC in 2021? The design to public -- the design of public art installations for the Ten Mile trailhead area. To complete the public art plan. The Concerts on Broadway series to resume. Meridian Art Week. The holiday ornament drop. And to have 12 Initial Point Gallery exhibitions. And I do want to add that the -- the artists whose gallery shows did not happen last year, they were -- they were absorbed into the schedule for the 2021 exhibit and we do -- with the gallery we also like to have at least three to five artists showing in one show or a group show, such as the Treasure Valley Art Alliance, just to really beef up the variety and -- and the number of artists that are showing to hopefully reach a broader viewing audience. So, with that said I always want to remind everybody that the -- you know, the art isn't just for beauty and beautification of our city, even though that's -- that's so very important, but it also is important to know that it connects businesses to the arts, both visual and performing, and it's a -- it's a very much integral -- integral part of our economy. So, if you look at our state statistics, the arts and cultural productions add about two billion dollars to the state economy, which is about 2.8 percent of the Idaho economy that can be traced back to the arts and culture. On a national level it contributes like 877 billion dollars or Page 85 Meridian City Council Work Session Item#3. March 2,2021 Page 6 of 24 about 4.3 percent of the national GDP. The arts and culture also supports nearly 21 ,000 jobs in Idaho and if you look at the people that attend art events, about 58 percent of Idaho adults attend live music theater or dance performances in the state and an additional 37 percent of the adults attend art exhibits. So, this information was compiled with data that's published on the National Endowment for the Arts website and arts.gov and based on 2017 findings and -- and some before that. So, we do know that the -- the course that the -- the economic impact of last year is significantly -- has significantly impacted artists, especially from the performing standpoint. So, with that said I want to thank the Council Members and the Mayor for your continued support of the Meridian Arts Commission and I guess that's it. Thanks for having me come and give you our annual report. Simison: Thank you, Bonnie. And I think it would be important to -- Bonnie is the new chair of MAC this year. It's -- we haven't had a lot of chairs over the years. They have tended to stay on for quite a long time, so I guess Bonnie you have signed up for multiple years in that role, so congratulations. The one question I had -- and I didn't see it on the plans for 2021, but what is the plans in 2021 on the murals? Is there any planned activity for that or is that a 2022 project? Griffith: Well, I think it's -- I think it's going to be a 2022 project, just -- I don't -- I'm not on that committee, so I'm -- I'm only going to say that from --from what I understand, because we will be finishing -- we will be putting those first three murals up -- there very well could be a plan to -- to go forward with more. I mean that was -- that was my understanding is that this is the first -- the first three. Simison: Right. It wasn't listed on your 2021 list of what's ahead, so that's why I was -- didn't know if the plan was to do those murals for '21 or -- Griffith: You know, I don't know if-- is Jessica Peters -- I'm not sure if she's attending the meeting this afternoon or not. She is the chair for that. Simison: And I see Audrey --Audrey is here as well, so -- Belnap: Uh-huh. Mr. Mayor and Bonnie, yes, the murals -- in this list of what's next in 2021 the murals will be completed around August or September of 2021 . Simison: Okay. Griffith: And I think the question was are we going to be doing more murals. Simison: No. I was looking at just this year, because they weren't listed on your what's next in 2021 for -- on that -- on the MAC list, so that was just looking to see if -- that was what my understanding was, but I didn't know if I misunderstood, so -- Griffith: Oh. Right. Yes. I think -- I think I mentioned earlier -- maybe I -- maybe I only thought this, but the fact that they were selected in 2020, but they were to be completed Page 86 Meridian City Council Work Session Item#3. March 2,2021 Page 7 of 24 in late summer of '21. Simison: Council, any questions? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Chairman Griffith, thank you for coming this evening and thank you for your presentation. It was well thought out and well prepared. Thank you so much. One thing that I wanted to touch on were these murals as well. I really like these murals. I think they -- they are a fantastic addition to our city. I especially like these murals when they are downtown. Griffith: Yes. Thank you. Bernt: That's -- that's where they are meant to be. I like the murals over at the co-op. It's just not the same when these murals aren't downtown Meridian. So, if you could maybe forward a message to the subcommittee and let them focus those murals on downtown Meridian where -- where they can be and as possible that -- that would be -- that would be great. Griffith: Thank you very much for that input and, yes, I will do that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bonnie, thanks again for the report and thanks to the committees and Council Member Borton is not here, but appreciate his role as an ex-officio in supporting your work. Bonnie, I'm just curious if you could give Council a flavor for the amount of time you and your fellow Commissioners put into your role on a -- on a weekly or a monthly basis. I know that it's not that you just show up at the meeting and -- and run off to the races, but you guys are putting some significant time to be prepared. I was hoping you might share some of that with us. Griffith: Well, you know, from -- from -- I think Audrey probably has the statistics for that, but I will tell you there is certain times of the year that we are -- we are busier than others, but, you know, I -- I would say that there is probably an average of -- anywhere from five to eight hours extra besides committee meetings that commissioners spend time working on -- on projects and research, etcetera. Cavener: Thank you. Mr. Mayor? Belnap: Mr. Mayor? Page 87 Meridian City Council Work Session Item#3. March 2,2021 Page 8 of 24 Simison: Councilman Cavener. Griffith: Audrey, do you have anything else? Can you add to that? Belnap: Yeah. I was just going to mention that I collect the volunteer hours from the commissioners each month and the average is usually around 30 hours for the whole commission each month. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bonnie, you touched on this and I just -- I wanted to commend you and the commission. Your pivot with the holiday art drop this year, big -- big fans in the Cavener household. I know lots of folks in our community really appreciate it. So, I wanted to thank you and just really appreciate how the -- the commission pivoted in light of COVID and really captures a lot of that. I am curious, though. There has been some conversation at the legislature about impacting public art and arts commissions and local jurisdictions abilities to approve art projects or put it out to the vote of the people and I'm -- I'm curious if you or your fellow commissioners have discussed that and if you have an opinion one way or another. Griffith: It actually hasn't been discussed, because I think that the proposal just was made last week. I'm thinking like Wednesday maybe. So, we don't have a commissioners meeting until the 11th of March and I mean there is -- I certainly know that there are some of the commissioners that are -- that are well aware of this now and that does have a significant impact and I will tell you why is because the public art that is put out, you know, whether it's some sort of a structure -- a bronze metalwork, whatever, you know, when you -- if -- if you look at 30,000 dollars, that's definitely on the -- that's a very low end amount for that type of work. So, personally, I'm going to be championing my fellow artisans to write letters to their legislators if this passes committee. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bonnie, thanks. I didn't mean to put you on the spot. I know it's -- I have -- I have wrestled with, you know, some of our public art decisions in the past, but I -- I wholeheartedly believe so much in the commission and the voice that you bring to our city that I -- I worry so much if -- if other folks, particularly down at the statehouse, are trying to mess with the great work that you are doing and you touched on that in your report. So, I know many Council Members are supportive of you and the commission and aren't supportive of that potential legislation and I'm happy to hear that you and your colleagues will be voicing even individually your -- your opinions on that. Mr. Mayor, if I -- if I may. Page 88 Meridian City Council Work Session Item#3. March 2,2021 Page 9 of 24 Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. I know Council Member Bernt touched on maybe some preferences around murals. I -- I appreciate hearing that. My-- my one suggestion might be is as you are looking at -- at potential art projects for Meridian over the next year and future years that maybe we find an opportunity to -- to find some art that really showcases the unity that I think is sometimes lacking in our community and in our country. I think clearly we have been stretched over the past year and any opportunity that we have in public art to try and bring our communities together is something that I would really love to see over the next year. So, one person's opinion, but just wanted to pass that along. And, again, thank you and thanks to the commission for all your great work. Griffith: Well, thank you and, you know, anytime anybody wants to visit about ideas for art I'm always open to hearing that. I'm a phone call away. Cavener: Great. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I really appreciate Councilman Cavener's idea about that. I think that's a fantastic idea. I'm curious. Councilman Cavener, are you thinking in lines of communities within our valley, like something that focuses on Treasure Valley as a -- as a whole and not just each individual city? Are you thinking more along the lines of cultural -- cultural and racial unity or -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Appreciate the question, Council Member. It's a fair question. I think it's both and -- and, ultimately, if you have seen any of my doodles in a Council meeting you know that I'm -- I'm not qualified to be an artist by any way, shape, or form. I just think that there is some -- some things there that, you know, we have done a really good job as a commission just kind of responding to the -- the themes and values of our community. I look at kind of the hero's walk that we have over at Heroes Park as really being responsive to celebrating both local and national heroes and so I think there is some opportunity there. Again, if that's the direction the commission goes, great. If not, there is not going to be any disappointment on my end, it was just more to plant a seed for the conversation. Griffith: I appreciate that and -- and Audrey -- we -- we do have a new committee that -- that's beginning. The acronym is AIM. Do you -- can you tell me exactly what that stands fo r? Belnap: Yes, Mr. Mayor and Council Members, this is along the lines of another effort the Page 89 Meridian City Council Work Session Item#3. March 2,2021 Page 10 of 24 Arts Commission is putting forward. We created a section called the Arts Inclusivity Meridian or AIM and the purpose is to -- is to evaluate our efforts on how we can include all people in our efforts, whether it's our events and activities or our calls to artists, how we can include as many people as we can and it's a unification effort definitely. So, we don't have any set actions yet, it's more talking about goals and potential ideas. So, we are hoping to -- in the next year or so come up with more actionable items, whether you see that in our -- in the artwork we put out or the events, things like that. Simison: Thank you, Audrey. Council, any further questions. All right. Thank you very much, Bonnie. Appreciate it very much and look forward to seeing you again real soon. Griffith: Okay. Thank you so much for the invite to do the report and you all have a great evening. 22. Historic Preservation Commission: Annual Report Simison: Thank you. So, with that we will move on to Item 22, which is our Historic Preservation Commission annual report. So, look forward to you topping that report and turn this over -- I don't know if it's going to be -- looks like it's going to be the duo. I will officially turn it over to Blaine. Johnston: Mr. Mayor, Members of City Council, thank you for this opportunity to talk to you about our annual report. Josh and I are the face of HPC. You see us guys a lot. But without our other commissioners, Nary, Lusignan, Ault, Hart, our youth commissioner Fitzgerald, and our Council Person Jessica Perreault, we couldn't get done what we do. So, I want to shout out to our commission members for everything that they do and with that I'm going to turn it over to El Segundo. Evarts: Yeah. My esteemed colleague. Thank you, Mayor, City Council Members, those of you watching online. It's a really fun commission. It's amazing to me to see how much energy we get out of our group every single month when we are tackling something like -- like history. In this last year one of the big initiatives that we took on was expanding our virtual tours that we are offering online. So, historically we worked with Hullfilm to create these virtual tours. It started out with the Pine Street school being able to navigate through those 3D panoramic videos to go in, touch objects, click on pictures and learn about the Pine Street school. This last year we actually went back to Hull, had them do the Meridian City Hall and Creamery, as well as the Meridian Speedway. So, now that we have this platform in place we are going to be looking to expand that to sites every single year where we can have this kind of rich experience. So, even though Hull is doing the work of stitching these together and taking these photographs and producing these products, our commissioners are the ones that are scouring the archives and finding those interesting photos and stories and everything that get put up there and that's a lot of the work that our staff does. Blaine and I don't spend a lot of time down there, so some of the people that you don't get to see are living down in the basement and doing that hard work for us so we can look good. We did include a link in here to that project, again, in the materials, if you would like to go view that. National Registry. So, Blaine and I were Page 90 Meridian City Council Work Session Item#3. March 2,2021 Page 11 of 24 talking about this before we got here tonight. In the ten years that Blaine's been on the Historic Preservation Commission and certainly in my six years, we have never submitted anything actually to the National Registry, so -- under -- under our tenure. So, we are pretty excited that we are now going to have two of those submissions in the last two years. So, last year we got a 2,000 dollar grant to do the Meridian Speedway and what's called a reconnaissance survey. We briefed you guys on that last month. So, we completed that survey. TAG Historical Research did that work for that intensive survey and we actually just got the information back from SHPO on that, so what we wanted to share with you is there were a couple items that SHPO additionally wanted. So, that's the State Historic Preservation Office. So, TAG is working with SHPO right now to get those last few details nailed down, so that SHPO would be willing to submit that and approve that submitted to the -- to the National Registry. What that's additionally opened up for us, though, is we are looking at -- well, I guess before I go on -- is that we are going to -- we just won a 5,000 dollar grant for this year to continue to work for Meridian Speedway, but to also add another site. So, we are working on that site right now. We are kind of in the initial stages of assessing that, going to meet with the owners and have another site. Those things happen I think in, what, 50 year increments, so they have to be at least 50 years old and what we are finding as a commission is that we have lots of buildings that we don't historically think about being that old that are now. So, the Masonic Lodge, things like that that are real fixtures that we have got an opportunity to -- to be more active as a commission to get these things recognized. So, we are pretty excited about that. May is our Preservation Month. So, we do a lot of activities. So, this last year we had to go virtual. So, with the shutdown that we all got to experience we did a lot of work posting things via Facebook. We actually --there is a strong community group that's run by one of our former councilman or commissioners that -- Robert Mortensen that he manages, which is a Meridian History page on Facebook. So, we really activated on Robert's page and we are providing materials and if you have got a chance to be out there it's fantastic. Lots of engagement. A lot of -- I'm trying to track down this piece of history, that piece of history. Does somebody have a picture of this storefront. And when you get the community involved I think one of the things that we have learned kind of through COVID and the pandemic is social media is a pretty powerful tool and we can get a lot of information when you engage the community it gets to be pretty exciting. So, one of the things that we are doing for this year in kind of preparation for May preservation -- or for Preservation Month is one of our commissioners Jacy built an entire online scavenger hunt. So, it's got a timed out set of posts that are going to happen where people are directed to go find things and, then, we are going to be providing prizes to people that finish that scavenger hunt. So, again, trying to activate our community and meeting them where they are at to -- to go and experience a lot of the history that exists in Meridian. One of the things we took on last year was our branding. So, we had a lot of -- a lot of things that we were using over the years. I think we were very focused on history and not so much what our brand was, but as we were getting more active in social media and active with our messaging we thought a brand would be important. So, you can see this logo here. We wanted to kind of honor the City of Meridian and its year and do something very very simple and this was the concept that we came up with that -- that we are using as part of our messaging as a -- as a commission at this point. So, what's next? What are we going to be doing in 2021. So, we did a lot of work in conjunction with the city to Page 91 Meridian City Council Work Session Item#3. March 2,2021 Page 12 of 24 basically put together a social media outreach plan. So, we think we have got that nailed down where we can kind of, again, meet the city where they are at and use of social media, but do that also under the construct that the city provides us and wanting to honor that and make sure that we are not operating as nefarious characters, of which we are, but we are trying to act less like that. We want to continue our efforts on the Meridian Speedway, as well as a new site for this year and got the grant to be able to do that. We are looking at those additional sites and I think at this time next year we are going to be able to share that we have got an additional property ready through the SHPO process and ready to submit to the National Registry and I think that's exciting on a number of levels, because it's -- it's giving us -- you know, we were trusted with a 2,000 dollar grant, we were able to perform, and I think that kind of success led us to get in a larger grant this year. So, I think as we are looking at some of those larger efforts that are interfacing with our state organization, as well as with the national organization, it's just giving us more relevancy in what we are doing as a commission here in Meridian. So, with that we just want to again -- I will speak for both of us. We just really appreciate you guys, like the opportunity to do this. We -- we love it. Like this is -- this is I think we have fun because we are doing something that we all enjoy. Johnston: Enjoy. Evarts: Yeah. That we really really enjoy and you guys have given us great trust, so we appreciate that. So, questions? Simison: Thank you, gentlemen. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: No question, just a comment. Great to see you guys have a good time with this. History is fun, I enjoy it, and we have got some great things in this community to make people take notice of and it's exciting to see you out there, take a look at things, what can be under historic preservation and get that attention. So, appreciate all that you guys do and the whole -- whole group that are involved in that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Like every year you guys come before us I'm like, man, HPC can't do anymore. They can't accomplish anything more. Like this is the peak. And, then, every year you come back and you just keep crushing it and so I get excited every time we get to have you guys on the agenda. I think I asked this question last year, but I want to ask it again. Josh, to your point you guys kind of got a little bit of bucks and you did some great things and now you have got other organizations that are wanting to give you more bucks to do more great things. How can the City Council support what is just great momentum that's Page 92 Meridian City Council Work Session Item#3. March 2,2021 Page 13 of 24 coming from the HPC? Evarts: You know, I will answer, maybe you want to add on. Johnston: Go ahead. Evarts: I think what you -- I think you guys provide us tremendous support. I really do. You know, in fact, when we were wrestling through kind of our social media, which can be a very complex topic, you know, we had engaged with the Mayor's office last week to get some clarity on what should we do, because we want to play inside the boundaries that you provide, what -- what can we do, what can't we do and the office was super responsive. I think we have come up with a -- with a -- with a workable solution, you know, that fits inside of what the city wants to do and, then, allows us to go out there and do the messaging we want to do. We have been very pleased -- you know, more money is not necessarily something like from a resourcing standpoint we don't need more money. I think our budget is appropriate. We take that pretty serious -- Johnston: We do. Evarts: -- as a commission, like we are very very tight with the purse strings in making sure that we are not spending money for money's sake and we are aggressive about going after these grants, because we want to be good stewards of city capital and taxpayer dollars, so, no, I just -- I'm just thinking, you know, the pat on the back. I mean every one of you that I see in Old Town Meridian when I'm bouncing around are always super grateful. That means a lot to us. So, just gratitude and -- Johnston: Just a big thank you -- Evarts: Yeah. Johnston: -- for everything you guys do for us. Evarts: Yeah. And definitely if you see our other commissioners -- because you get to see us yea whos all the time, but, you know, I think if you were to take a moment out of your day to -- to thank some of our other members that aren't in here, because they -- they -- you know, if you are a historic preservation commissioner you are very different than arts. Arts people tend to be very outgoing by their nature, so I think that they get fed because of their interactions. The rest of our commission where -- it really is introverts that love history and I think it's important that -- even though they are not gregarious and outgoing and they are not going to be up here to give -- Johnston: Some of us aren't. Evarts: That -- give them a thank you. Send them a note. I think that would speak volumes. Page 93 Meridian City Council Work Session Item#3. March 2,2021 Page 14 of 24 Johnston: Yep. Evarts: Yeah. Cavener: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Cavener, if you want to finish your line. Cavener: I just -- thanks again and, please, yeah, pass along our thanks to the commission and thanks to Council Member Perreault for serving in that ex-officio role. Again, I'm going to be happy to eat my words next year, but you guys are like the best version of HPC that we have ever had. It's just -- it's really really exciting. Simison: Council Woman Perreault. Perreault: So, first of all, let me just say that I have not been the best ex-officio member that I could be. This -- all the roles have kept me exceptionally busy, but it's because I trust these guys so much and they -- every time that you come before us you have such excitement about what you do and like who would think that the HPC committee would have the two most exciting, you know, enthusiastic people in our volunteers and I love it. So, thank you, gentlemen, so much. And the entire commission. But also I want to say every time that you -- that you present I learn something new and Meridian is -- is a new city relatively and there has been so much I have learned from you all about the history of Meridian, because, you know, I just don't think of -- of all of Meridian as having this historic -- you know, I just don't think of us as having this history and you all have been able to find these opportunities and really bring it to the forefront. So, appreciate that very very much. Thank you. Johnston: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a comment both for the Historic Preservation Commission and the Arts Commission, especially with some of the things you talked about, the legislature. Just want to express how incredibly important I think both the arts and -- and our work on history are for us. You know, it's all about our identity and our sense of place as a city and I think it's incredibly important for us and I think it -- and I think it serves all of us and thank you very much again for all the work that you are doing. Johnston: Thank you. Simison: Well, if it helps, we can see if City Council can approve some more buildings, Page 94 Meridian City Council Work Session Item#3. March 2,2021 Page 15 of 24 so there will be more work in 50 years for the next commission members and if you need it, we can -- I can volunteer Councilman Hoaglun to walk around and he can remember everything from when he was three to identify as a potential historic property and bring some of that narrative that sometimes it's necessary for something to be considered. So, he's your -- he's your Council resource. Johnston: It's not a bribe, but I will buy you a coffee and we can do that. Simison: Thank you both. Johnston: Thank you so much. Simison: Next item on the agenda is Item 23, our Police Department Code enforcement. Continuing our discussion regarding potential ordinances relating to parking in front of mailboxes. So, with that I will turn this over to Lacy to continue our conversation and, unfortunately, we don't have Mr. Borton here, who was probably the impetus for this conversation, but, hopefully, we can navigate effectively without him. Lacy. Ooi: Mr. Mayor, Members of the Council, I'm Lacy Ooi, supervisor, code enforcement with Meridian Police Department. I'm not nearly as exciting as the last two presentations, so at least you had that opportunity. The Police Department asked me to appear before you on February 16th to present a proposed amendment to the parking code prohibiting parking in front of mailboxes. At that time you asked me to come back with more information and present it as a department report at this workshop. I'm requesting an additional parking regulation to be added to Meridian City Code 7-2-213 that prohibits parking, except momentarily, for blocking access to a mailbox. The suggested regulation would prohibit parking within ten feet of a mailbox during the hours of 8:00 a.m. and 5:00 p.m. on any day that is not Sunday or a federal holiday. The goal of the regulation is to allow reliable, timely delivery by the United States Postal Service and this section of code for the parking regulation will come with a payable fine of 15 dollars. This regulation is being requested after I was contacted by Council President Bernt regarding a citizen -- citizen asking Councilman Borton why a regulation for parking a vehicle in front of a mailbox did not currently exist in the City of Meridian. The concern was addressed after he had been made aware that some senior citizens were not having mail delivered by the USPS, including the delivery of prescription medications. Per postal operation manual the United States Postal Service establishes the manner in which each delivery customer receives its mail. If the USPS determines that they are continually unable to deliver mail established by their delivery method, then, the USPS can declined to deliver the mail and customers may be asked to pick up their mail at the post office, rather than receiving delivery curbside at their mailbox. The majority of surrounding cities have adopted Idaho State Statute Title 49, Chapter 6, that are just basic rules of road. That outlines the most common parking regulations. This section of Idaho State Statute does not include parking in front of a mailbox and blocking access. The city of Nampa, city of Caldwell and Kuna have adopted regulations prohibiting parking in front of a mailbox. The city of Nampa's code states parking within ten feet of a freestanding mailbox or blocking the same from postal vehicle access is prohibited. The city of Caldwell states improperly parked vehicles Page 95 Meridian City Council Work Session Item#3. March 2,2021 Page 16 of 24 in front of a mailbox in a manner that prevents the distribution of mail by the U.S. Post Office may be fined 75 dollars. Kuna city code simply states parking is prohibited in front of a mailbox. Some other cities within Idaho have adopted some variant of a parking regulation for blocking, including Coeur d'Alene, Lewiston, Sandpoint, Chubbuck and Mountain Home. Did they receive that? Johnson: They don't see anything. Is there something supposed to be on the screen? Ooi: I had done the attachment with the other city codes. Johnson: Okay. That's been in their packet. I didn't know you wanted it displayed. Ooi: Oh. I didn't -- that's fine. I just didn't know where it would be. I'm new. Sorry. So, I did include this in the different writings of the different cities and, really, we just came to the consensus of what we felt would be right for our city. Because the City of Meridian doesn't currently have a regulation making parking in front of a mailbox a violation, there is no mechanism available to track our complaints for this issue. My opinion is we probably receive one to two calls a month asking for enforcement of this type. Calls are also fielded and dismissed by Ada county dispatch. I do believe if this regulation is codified our calls for service will increase, as we currently have educated our residents, homeowners associations, dispatch and the USPS that we are unable to enforce this parking issue. Our common practice for enforcement of parking violations is usually complaint based and an education first approach. We do usually issue tickets immediately and proactively for parking impeding a sidewalk, handicap accessible violations, and fire hydrant distance. When we -- when we receive calls for service the complaints are filtered into each code enforcement officer's assigned response area and the address -- and address based on availability and the geographic location of our caseload. These parking complaints would be reactive to the complaint and by the time of our response the vehicle would have been parked for a decent amount of time validating a violation. The complaint could be handled through Ada county dispatch and assigned to a patrol officer or community service officer and the call would be dispatched based on its lower priority level. Our goal with this provision prohibiting parking in front of my mailbox will be to educate the violator with a parking warning, notice, or verbally if we are able to contact the driver and have the vehicle moved. If we respond to a repeated call for service regarding the same vehicle or violators a citation will be issued. If desired we could utilize public information officers and our social media to help educate the community in a bigger spectrum. That would also increase the call load. Other concerns that I have heard addressed were the distance. Ten feet from the mailbox. The distance was chosen based on other cities' current code -- current codes that are in effect with consideration of the average size delivery vehicle and their ability to drive in and out of the delivery area. There is a chance this may eliminate -- eliminate some off-street parking -- on-street parking currently available, especially in courts or circles. In regards to the courts and circles, we already find many people are parking in violation of the current regulations by parking perpendicular into the roadway and utilizing a space that really isn't a parking spot at all. A second discussion topic was delivering to a community box that allows parking in front of the central delivery location. Parking in front of those Page 96 Meridian City Council Work Session Item#3. March 2,2021 Page 17 of 24 community type mail receptacles does not prevent delivery, because they are back loaded by a mail carrier that already has to exit their vehicle. The words freestanding mailbox could be added to our regulation if it was a great concern. Another discussion was the allowance of parking in front of your own mailbox. I would not recommend that the ordinance include this exception for parking in front of your own mailbox when -- when the majority would inadvertently block your neighbor's box. It could also create enforcement issues for vehicles that are not currently registered to the address location that we are out on and they -- and they may claim residency. With that information being presented I will stand for questions. Simison: Thank you, Lacy. Appreciate that information very much. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Lacy, thank you so much. Just a couple of questions for you. I was going to ask a question about the ten feet and how that seemed to be, because it seems to me that ten feet on either side of a freestanding mailbox is quite a bit of space. We regularly hear applications in which we have a mailbox --freestanding mailboxes that are on private streets in a neighborhood and with townhomes and other lots that are very narrow, there -- there isn't sometimes even ten feet between the mailboxes and part of what we often approve or what we get requested to do is to allow for a certain amount of on-street parking for visitors and it's a frequent part of our conversation and -- and we do approve applications where on-street parking is allowed and there is an expectation that visitors would use the on-street parking and this typically happens in the same neighborhoods where the mailboxes are close together. So, do you have any suggestions or recommendations for us as Council as we hear these applications in the future to be looking out for that and also is there are a way for a resident to sort of appeal if there really truly is no other place for them to park in a particular neighborhood? Ooi: In response to the private lanes, which it's sounding like that's where that's normally occurring, private streets wouldn't be enforceable. So, private lanes are -- the only thing that we can enforce on private lanes are fire lanes and handicap marked spots, so it wouldn't be on private lanes. If they are the -- the narrow lanes they probably are under the width requirements for parking anyway or if they are just within a subdivision or something that's designed with private lanes we wouldn't be enforcing on those. Strader: Mr. Mayor? Simison: One second, Council Woman Strader. Did you have more to add to the second question? Ooi: No, I didn't. The rest of it I think we would be -- Page 97 Meridian City Council Work Session Item#3. March 2,2021 Page 18 of 24 Simison: Okay. All right. Council Woman Strader. Strader: Thanks for the follow up on what the other cities are doing. I think it's important that everyone gets their mail a hundred percent. The medication example is a great example. I think some kind of regulation makes sense. I am also struggling with the ten feet -- why we chose ten feet. Is there -- is it just for that clarity of a bright line of when someone is in violation that we would prefer the ten feet versus like the Caldwell approach, which is, you know, pretty straightforward if it's parked in a way that prevents the distribution of mail you are in violation and maybe that would allow us to use more judgment or -- how do we -- maybe give me some flavor for how you chose the form of just strictly ten feet versus a more general statement. Ooi: So, an average delivery truck is 14 and a half feet. So, it needs to have time to go -- space to go in and out of the location. I did look up the driving training records for mail postal carriers and they basically say that a mailbox is blocked if it's actually less than 15 feet. That's how they train them for like your base of driving is if it's anything closer than 15 feet and, then, yes, the number -- assigning it a number makes it more enforceable, one, for us and one for the code for -- if we ended up in court. So, if someone contested it and we were able to document that they were within that ten feet, that gives a more direct wrong or right than if I would say it was blocked, because it may just be blocked to me, because I'm a bad driver. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Lacy. That's really helpful. I -- I think with the information which -- maybe I was spatially challenged, but not realizing that a delivery truck is 14 and a half feet, it's starting to make more sense to me, you know, so I think I'm feeling better about -- about the approach. I -- I do think we could have some challenges, maybe some unintended consequences with our townhomes, you know, I don't know, maybe we should think that through a bit or maybe get -- I guess I would be curious if you had any input from the community development -- like the Planning Department if they were overly concerned about this and how that might affect us. Simison: And maybe if I could -- because I know that a lot of places -- new places I have seen, they have gone to a consolidated delivery point. You really-- new places don't have all that and I even go back to my subdivision where we have consolidated for townhomes on private lanes and we have mailboxes in front of single family homes. Does our code contemplate that? And maybe this is a question for someone in Community Development, but is there any sort of standards that people expect? Nary: Mr. Mayor, Members of the Council, again, I'm not totally certain. I do know there are design standards that require certain things. I was going to answer also part of the ten foot question. That's the same distance we require you park away from the garbage can. So, that's a -- that's another reason for that measurement, so we use the same Page 98 Meridian City Council Work Session Item#3. March 2,2021 Page 19 of 24 measurement for that. But whether or not Planning has a requirement-- I don't know that, so that might be another question to Planning, because we probably do need to at least have them, you know, look at this and see will this affect any of their reviews, because as -- as Council Member Perreault mentioned, you know, the Council doesn't have to look for mailboxes, you have plenty of other things to do, but certainly that is part of the review process as those things get looked at, because they get looked at by police, they get looked at by the Republic Services, they get looked at by a variety of different folks for a variety of reasons like that, but that one, I'm sorry, I don't know the answer specifically. Simison: My understanding is the Postal Service is trying to push everyone towards a centralized delivery location, because they don't have the resources to drive to everybody's home, but I don't know how that's being applied or not. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Again, question for -- for Mr. Nary. Bill, would this -- if this were to come back to us, would this be housed in Title 7 or would it fall under Title 11 within the UDC? Nary: So, Mr. Mayor, Members of the Council, Council Members Cavener, I think our intention was to go to Title 7, because it's a police regulation and that's where the parking regulations are, rather than a standard in the Uniform Development Code and, like I said, I will probably have to have Planning weigh in, but that, of course, is a more attenuated process, because you got to go through the P&Z Commission first and, then, to Council, but I don't think it makes as much sense in the parking code as -- or in the UDC as it does in the police code. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think the reason for my question is -- I appreciate what's trying to be -- be addressed here. The ten foot length is -- I think will bring with it some unintended consequences, particularly in some of the developments that we have approved over the past few years. We have made decisions based on the amount of public parking that we are going to lose and -- and I know that Council in the past few years we have really been very -- we have weighed in a lot on the amount of on-street parking and so shrinking from ten foot to maybe a smaller amount is probably something I would be more supportive of, but I also wonder if it makes sense in -- in all of our zoning categories. So, clearly in a -- like in an R-2 or R-4 or even an R-8 I think that may make sense, but in a higher density development maybe more of those, more often than not, have these, you know, mail units, as opposed to a freestanding mailbox, but I worry again about -- we see this play out at town halls and I'm sure the Mayor's office gets a lot of this, that neighbors fight with neighbors and you -- you see this on a daily basis, they will use every tool in their toolbox to mess with their neighbor and we don't want, you know, apartment folks -- you know, Page 99 Meridian City Council Work Session Item#3. March 2,2021 Page 20 of 24 somebody living in an apartment calling on their neighbor, because they are parked out front in a parking spot where the mailbox is. I know I touched on that when we talked two weeks ago. The piece about freestanding mailbox I think maybe helps that, but I'm also still not completely sold. So, those are just some of my thoughts that maybe this is better housed in the UDC. I don't know, Mr. Nary, if it was in the Unified Development Code if that would impact private lanes at that point or not. Nary: Yeah. Mr. Mayor, Members of the Council, the enforcement authority still is with code enforcement, so they don't have authority to enforce it. Cavener: Okay. Perreault: Mr. Nary, could you speak up. Nary: Certainly. The enforcement authority here is right now housed with code enforcement is the intent or the community service officers. So, we don't have authority to enforce on a private street. Simison: And it was, at least, just again a reminder of certain elements. Most parking problems come in the evenings, not during the day when cars are typically vacated from areas. It is complaint driven. So, someone would have to, in theory, not have their mail delivered and, you know, typically -- if I'm not mistaken, I believe the Postal Service will actually put something on someone's car if it's blocking a mailbox and notify them why they did not get it. So, I think there is multiple steps that would have to occur before it would get to a code driven solution and, you know, like I say, parking problems are typically when everyone's back from their day -- not going to say it wouldn't happen, but it is more designed for those day things. But parking is going to become a bigger issue in certain elements besides just mailboxes here in Meridian, especially here in downtown as we move forward and in downtown you actually have the combination of various entrance points that are sometimes the entire length of the property, along with the mailbox, along with things. But I think some of their mailboxes are on their houses still and they are not even freestanding. So, maybe that's -- I don't know. But it's a great conversation. Councilman Bernt. Bernt: Thank you, Mr. Mayor. I appreciate the discussion. Thank you for the presentation. I don't have any issues personally with -- with this -- with this new code or, you know, I think it makes sense. People shouldn't be parking in front of mailboxes. I mean I just -- honestly, it's just as simple as that. I -- I think it was stated a couple weeks that we talked that -- that most thought that this was already, you know, something that we looked at and -- and said it's not something that we need to -- I don't think it's going to be a huge issue and I think that most people understand they shouldn't be parking in front of mailboxes and so -- and when they do they should move their cars, so -- Hoaglun: In my opinion well put. Thank you. Council? Strader: Mr. Mayor? Page 100 Meridian City Council Work Session Item#3. March 2,2021 Page 21 of 24 Simison: Council Woman Strader. Strader: Yeah. I think that's -- I think just looking at it holistically for people to get their mail, I -- the one piece I would say sort of to Councilman Cavener's point, I think if-- if we were to do this, if there was some follow up in Planning it would be appropriate to make sure we are not counting parking in future approvals and developments that we really shouldn't be counting I guess would be maybe some follow up I would hope to see. Because I wouldn't want to be giving people credit for parking that really isn't usable. Bernt: Mr. Mayor? Simison: Just a follow up to that, kind of back to my point, is it not -- if it only applies to 8:00 to 5:00, does that matter in your parking? Do we feel like there is an 8:00 to 5:00 parking problem in most of these areas where this would apply? I just don't have to -- have an answer, but, again, that's what the ordinance talks about, because that's when the mail is going to be delivered, not at all times. So, how should that be applied or not. Councilman Bernt. Bernt: Thank you. I think it's important to look, you know, maybe follow up with Planning just to make sure and verify that that's not going to hurt anything. I -- I -- I would be surprised if they -- if they count parking spaces in front of mailboxes. I -- I would be pretty surprised that that's the case. If it's going to give Council Members less heartburn and to just verify that that's the case, I think that, you know, sent out an e-mail and, you know, with verification. I don't think we need to schedule anymore time in regard to this on a Council agenda, but quick e-mail from -- from whoever in Planning can, you know, just verify that that's the case, that that's the way we have always done it I think would suffice. Simison: Yeah. My intention was to ask staff to at least address how mailboxes are currently -- I mean it doesn't -- how they are looked at moving forward from -- are they grouped, are they individual, what is that process, who makes that determination. Obviously, it wouldn't -- I don't know that they would want to go back and look at the approvals of the last five years and what that would be, but at least moving forward what that would look like. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: To your point about whether we have -- we have an issue 8:00 to 5:00. Since people have started working from home I have seen a significant increase in cars on -- on the street, in the neighborhoods -- in my neighborhood and whatnot during the daytime. So, I do think that if -- if there -- you know, if we are going to -- if people are going to continue to work from home, which we don't know at this point yet, I do think it's something that -- that should, you know, we should still take into account, even though that may not be the busiest traffic time of the day, it's still there -- still a lot more people parking at home than there used to be during the day. Page 101 Meridian City Council Work Session Item#3. March 2,2021 Page 22 of 24 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just real quick. I agree with Councilman Bernt's assessment. You know, ten foot, fine, we have to have some enforcement to it. Let's just get an update from Community Development and, then, once that -- we have that understanding we can move forward with this ordinance. Simison: Okay. Well, what we will plan on doing is we will get that update. Council President and I will discuss about whether or not to bring this back and how in terms of an ordinance for further consideration. I think there is at least three that I can easily say are in favor, unless Council President -- or Council Member Borton has changed his mind, but I can't imagine so. So, at least I would envision this moving forward for further process, discussion, and implementation. Okay. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Are you saying you might have to vote on this one? Simison: I don't think so. I think when people see it they will -- they will -- but I would be happy to if -- if I need to, so -- all right. Thank you, Lacy. Appreciate it. ORDINANCES 24. Ordinance No. 21-1919: An Ordinance (H-2020-0101 — Daphne Square Subdivision) for Annexation of a Portion of the SW '/4 of the SW '/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 4.97 Acres of Land from RUT to R-15 (Medium High Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Next item on the agenda is Ordinance No. 20-1919. 1 will ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2020-0101 , Daphne Page 102 Meridian City Council Work Session Item#3. March 2,2021 Page 23 of 24 Square Subdivision, for annexation of a portion of the SW '/4 of the SW '/a of Section 27, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, and being more particularly described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 4.97 acres of land from RUT to R-15 (Medium High Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Would anybody like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1919 with the suspension of rules. Cavener: Second the motion. Strader: Second. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agree to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Anything under Future Meeting Topics? EXECUTIVE SESSION 25. Per Idaho Code 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Simison: If not, Item 25, Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 103 Meridian City Council Work Session Item#3. March 2,2021 Page 24 of 24 Hoaglun: Mr. Mayor, I move that the Mayor and City Council go into Executive Session per Idaho Code 74-206(1)(a). Cavener: Second the motion. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes and we will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:36 p.m. to 5:52 p.m.) Hoaglun: I move we come out of Executive Session. Cavener: Second. Simison: Motion and second to come out of Executive Session. All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Move we adjourn. Cavener: Second. Simison: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 g 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 104 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 16, 2021 City Council Work Session Page 4 Meridian City Council Work Session Item#1. February 16,2021 Page 28 of 28 MEETING ADJOURNED AT 6:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 2 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 32 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 16, 2021 City Council Regular Meeting Page 33 Meridian City Council Item#2. February 16,2021 Page 19 of 19 Cavener: Second. Simison: Okay. I have a motion and a second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 2 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 52 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North #2 Sanitary Sewer and Water Main Easement No. 1 Page 53 ADA COUNTY RECORDER Phil McGrane 2021-034931 BOISE IDAHO Pgs=11 CHE FOWLER 03/04/2021 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Hill's Century Farm North#2 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 2ndday of March 2021 between Brighton Development Inc. C Grantor")and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 and 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 sanitary sewer and 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, its 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#3. 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 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. GRANTOR: Jonathan D.Wardle,Pres.Brighton Development Inc. STATE F IDAHO ) ss County of Ada ) This record was acknowledged before me on aDa (date) by Aa.`f wIYu 17. 1,�ar'd le- (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of of entity on behalf of whom record was executed), in the following representative capacity: lre_s i der` (type of authority such as officer or trustee) (stamp) SHARI VAUGHAN Notary Signature U Notary Public-State of Idaho Commission Number 20181002 My Commission Expires: (e- My Commission Expires Jun 1, 2024 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 55 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-2-2021 Attest by Chris Johnson, City Clerk 3-2-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-2-2021 (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 Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 56 Item#3. 4m E N G I N E E R I N G November 9,2020 Hill's Century Farm North Subdivision No.2 Project No.20-031 Legal Description City of Meridian Sewer and Water Easement Exhibit A Parcels of land for a City of Meridian sewer and water easement situated in a portion of the North 1/2 of the Northwest 1/4 of Section 33,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 33, which bears N00'13'13"E a distance of 2,677.50 feet from an aluminum cap marking the West 1/4 corner of said Section 33,thence following the westerly line of the Northwest 1/4 of said Section 33,S00°13'13V a distance of 776.59 feet; Thence leaving said westerly line,S89027'52"E a distance of 184.53 feet to the southerly boundary of an existing City of Meridian sewer and water easement per instrument number 2020-146718, records of Ada County, Idaho and being POINT OF BEGINNING 1. Thence following said southerly boundary,S89'27'52"E a distance of 56.00 feet; Thence leaving said southerly boundary,S00°32'08"W a distance of 184.64 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90°00'00",a chord bearing of S44'2752"E and a chord distance of 23.33 feet; Thence S89027'52"E a distance of 175.00 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90°00'00", a chord bearing of N45°32'08"E and a chord distance of 23.33 feet; Thence N00°32'08"E a distance of 415.00 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90°00'00", a chord bearing of N44"2752"W and a chord distance of 23.33 feet to the southerly boundary of said existing City of Meridian sewer and water easement; Thence following said southerly boundary,S89"27'52"E a distance of 89.00 feet; Thence leaving said southerly boundary, 25.92 feet along the arc of a curve to the left, said curve having a radius of 16.50 feet,a delta angle of 90°00'00",a chord bearing of S45032'08"W and a chord distance of 23.33 feet; Thence SW32'08"W a distance of 415.00 feet to a point hereinafter referred to as POINT"A"; Thence 25.92 along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90'00'00",a chord bearing of S44'27'52"E and a chord distance of 23.33 feet; Thence S89'27'52"E a distance of 524.50 feet; Thence 34.56 feet along the arc of a curve to the left,said curve having a radius of 22.00 feet,a delta angle of 90000'00", a chord bearing of N45032'08"E and a chord distance of 31.11 feet; Thence N00032'08"E a distance of 409.50 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90"00'00",a chord bearing of N44027'52"W and a chord distance of 23.33 feet; Thence N89027'52"W a distance of 147.21 feet to the easterly boundary of said existing City of Meridian sewer and water easement; Thence following said easterly boundary, N00'32'08"E a distance of 56.00 feet; Page 57 9233 West State Street ® Boise,Idaho 83714 ® 208.639.6939 ® kmengllp.com Item#3. Thence leaving said easterly boundary,S89°27'52"E a distance of 326.65 feet; Thence 9.42 feet along the arc of a curve to the left,said curve having a radius of 9.50 feet, a delta angle of 56°47'54",a chord bearing of N62°08'11"E and a chord distance of 9.04 feet; Thence 273.06 feet along the arc of a reverse curve to the right,said curve having a radius of 54.33 feet, a delta angle of 287"56'37",a chord bearing of S02°17'27"E and a chord distance of 63.92 feet; Thence 8.48 feet along the arc of a reverse curve to the left,said cure having a radius of 9.50 feet,a delta angle of 51'08'43",a chord bearing of N63'53'30"W and a chord distance of 8.20 feet; Thence N89'27'52"W a distance of 104.14 feet; Thence 10.21 feet along the arc of a curve to the left,said cure having a radius of 6.50 feet,a delta angle of 90°00'00",a chord bearing of S45'32'08"W and a chord distance of 9.19 feet; Thence S00'32'08"W a distance of 118.90 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90°00'00", a chord bearing of S44'27'52"E and a chord distance of 23.33 feet; Thence S89°27'52"E a distance of 82.78 feet; Thence S00°32'08"W a distance of 81.00 feet; Thence N89'27'52"W a distance of 82.78 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90°00'00",a chord bearing of S45032'08"W and a chord distance of 23.33 feet; Thence S00032'08"W a distance of 186.60 feet; Thence 122.52 feet along the arc of a curve to the right, said curve having a radius of 78.00 feet,a delta angle of 90°00'00",a chord bearing of S45°32'08"W and a chord distance of 110.31 feet; Thence N89'27'52"W a distance of 512.00 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90"00'00",a chord bearing of S45'32'08"W and a chord distance of 23.33 feet; Thence S00°32'08"W a distance of 12.50 feet; Thence 70.38 feet along the arc of a curve to the right, said curve having a radius of 241.00 feet,a delta angle of 16`43'57",a chord bearing of S08"54'07"W and a chord distance of 70.13 feet; Thence N72°43'54"W a distance of 81.00 feet; Thence 46.73 feet along the arc of a curve to the left, said curve having a radius of 160.00 feet, a delta angle of 16°43'58",a chord bearing of N08054'07"E and a chord distance of 46.56 feet; Thence N00°32'08"E a distance of 12.50 feet; Thence 25.92 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 90"00'00",a chord bearing of N44'27'52"W and a chord distance of 23.33 feet; Thence N89°27'52"W a distance of 107.00 feet; Thence 20.15 feet along the arc of a curve to the left,said curve having a radius of 16.50 feet,a delta angle of 69059'08",a chord bearing of S55032'34"W and a chord distance of 18.92 feet; Thence 161.49 feet along the arc of a reverse curve to the right,said curve having a radius of 58.00 feet, a delta angle of 159°31'38", a chord bearing of N79041'11"W and a chord distance of 114.15 feet; Thence N00"32'08"E a distance of 248.61 feet to POINT OF BEGINNING 1. Said parcel contains 3.68 acres. Hill's Century Farm North Subdivision No.2 City of Meridian Sewer and Water Easement PAGE 12 Page 58 Item#3. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence N00°32'08"E a distance of 203.50 feet to POINT OF BEGINNING 2. Thence N00"32'08"E a distance of 20.00 feet; Thence S89`27'52"E a distance of 563.00 feet; Thence S00'32'08"W a distance of 20.00 feet; Thence N89"27'52"W a distance of 256.00 feet; Thence S00'32'08"W a distance of 194.91 feet; Thence N89027'52"W a distance of 20.00 feet; Thence N00032'08"E a distance of 194.91 feet; Thence N89'27'52"W a distance of 287.00 feet to POINT OF BEGINNING 2. Said parcel contains 0.35 acres. Said description contains a total of 4.03 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. .a a a12453� OF L. B@►1'�' .9 . -2-07-v Hill's Century Farm North Subdivision No.2 City of Meridian Sewer and Water Easement PAGE Page 59 Item#3. C:\USERS\CDRAPER.KMENG\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\20-031\CAD\SURVEY\EXHIBITS\20-031 CITY OF MERIDIAN SEWER AND WATER EASEMENT.DWG,CRAIG DRAPER,11/6/ BASIS OF BEARING Uj nWi _ S00'13'13"W D2677.50' S. Eagle Rd. N tD W — — 1900.91, 776.59' — — — w � N g rn M1 � D z� 00co rn�o wo 01 r3 ooZ a w� D _ v Zoo Z vi z TI ;0 N\ W,Zm10 \ m N00'32'08"E 248.61' z \ 0 rn Proposed S. Palatino Ln. cn \ ' \ `` m Jv (Private) w; cn `\\�i(A rnoS00-3208"W 184.64'(OZN rr a- NDD O fl 3 -0 z O o ��'9 z Ui — c o z o c� O w _ OD �? o� o og� n N O rT � - LI) N Dl 0 �v CCL \ N C v N z 'i CZ O m'9 <' C \ V p nO 0 3 NO�� P rTl O N N 0 D X (D pl \ w o O �rnv =300 cn a o s JMz °C C17 ° -a C,� N00'32'08"E 415.00' , �� cnco \ Proposed Proposed S.Tindaris Ln. 00 N\\ W. Rincon St. <' (Private) rn o (Private) S00*32'08-W 415.00'/ � N C16 C CP 203.50' (TIE) 191.50' (TIE) �� . z Cr v N O N N N O N g 0 �\ —61 O_SL J D N �I O_ v �O O N N N (AN Drn \ O M M O v �\ 01 56' CTI n C N OD 0) N v W Z 0 'T1 O Ln(: 00 0 O D ® ® MATCH LINE ®SEE SHEET 2 ® K o_ Z D �Z 0 100 200 300 Plan Scale: 1" = 100' m Exhibit B =ww� 3mm�- ��' Hill's Century Farm North Subdivision No. 2 j N--Nj Z p p W= m T7 z a0� C.mrn ° � 3 City of Meridian Sewer and Water Easement Cr lWD d m N A z o g N 1/2 NW 1/4 Sec. 33,T3N., R1E., B.M.,City of Meridian,Ada County, Idaho 6 N Item#3. C:\USERS\CDRAPER.KMENG\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\20-031\CAD\SURVEY\EXHIBITS\20-031 CITY OF MERIDIAN SEWER AND WATER EASEMENT.DWG,CRAIG DRAPER,11/6/ MATCH LINE — SEE SHEET 1 00 w -0 cn r*I N00'32'08"E 194.91' v1 J � Ln O N M Z — . Z O J EX200 En 0 O. c0 D r1j o oz0 S00'32'08"W 194.91' — N o0 cn N Ui O N 000 N Tn0) 0 En D O �..., r m O N m \O f*I N vi Cb N—p�*1 / /L N � M C N GJ 00 p \ - C TT1 Q O *n v�Z O C cn � .c Q N m DDZi Z N O O `z �O 'O ; O aa) (D01) rm TI O >Z D N rt C 0 0 O 3 N �m v J fD Cr IT N Z IM N r'1;>7 j v Ln O fl r� O P Z D _ N 00 S 00 -i Z (D 56' o _1j -v 198.00' (TIE) 191.50' (TIE) VT (D N N00'32'08"E 409.50' ° m rn Proposed S. Hill Farm Ln. �A (Private) 300'32'0811W/ _ 0) S00'32'08'W 186.60' !,n �0 118.90' �'>> z d U! o00 v o a m O J/ " Z (D 00 Q. N J OD N - 00 J > � MCP N 'J 00 O N O Unplatted rc m C 0 C9 0 100 200 300 Plan Scale: 1" = 100' Z m o Exhibit B X0.0 M .. �Z �— N� Hill's Century Farm North Subdivision No. 2 3 M = Na �z O D N o p1°�4 m T'I m 3 ����_ W 3 City of Meridian Sewer and Water Easement tWD>m N � 21 z o g N 1/2 NW 1/4 Sec. 33,T3N., 111E., B.M., City of Meridian,Ada County, Idaho W N Page 61 Item#3. 0 a a Xx ao 0 T V a CURVE TABLE 0 1 3 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD n C1 16.50' 25.92' 90'00'00" S4427'52"E 23.33' N C2 16.50' 25.92' 90'00'00" N45'32'08"E 23.33' a C3 16.50' 25.92' 90'00'00" N4427'52"W 23.33' n a C4 16.50' 25.92' 90'00'00" S45'32'08'W 23.33' C5 16.50 25.92' 90'00'00" S44'27'52"E 23.33' 3 n z C6 22.00' 34.56' 90'00'00" N45'32'08"E 31.11' W C7 16.50' 25.92' 90'00'00" N44'27'52"W 23.33' C8 9.50 9.42' 56'47'54" N62'08'11"E 9.04' 3 z C9 54.33' 273.06' 287'56'37" ST 17'27"E 63.92' ¢ 3 C10 9.50' 8.48' 51'08'43" N63'53'30'W 8.20' W a C11 6.50' 10.21' 90'00'00" S45'32'08"W 9.19' 0 a_ C12 16.50' 25.92' 90'00'00" S44'27'52"E 23.33' 0 r C13 16.50' 25.92' 90'00'00" S45'32'08"W 23.33' 0 C14 78.00' 122.52' 90'00'00" S45'32'08"W 110.31' N m C15 16.50' 25.92' 90'00'00" S45'32'08"W 23.33' y C16 241.00' 70.38' 16*43*57" S8'54'07"W 70.13' W C17 160.00' 46.73' 16'43'58" N8'54'07"E 46.56' a C18 16.50' 25.92' 90'00'00" N44'27'52"W 23.33' m 4 C19 16.50 20.15' 69'59'08" S55'32'34"W 18.92' O N G C20 58.00' 161.49' 159'31'38" N79'41'11"W 114.15' W 0 K a Y 0 3 W 0 0 W S' R' Z l7 Z 1' W 2 0 1M W E N G I N E E R I N G 9233 WEST STATE STREET BOISE,IDAHO 83714 PHONE(208)639-6939 Exhibit B Y kmengllp.com Hill's Century Farm North Subdivision No. 2 z a DATE: November2020 c PROJECT: 20-031 SHEET: City of Meridian Sewer and Water Easement 3 OF 3 N 1/2 NW 1/4 Sec. 33, T3N., 111E., B.M., City of Meridian, Ada County, Idaho u Page 62 Item#3. 326.65 s89°27'52"e 89.00 n89°27'52"w , C, n89°2T52"w rz aR9°zrsre 147.21 104.14 3 00 O O o. cV 00 O O H 82.78 s89°2T32'e .J 3 O N O O <V ,�, n89°2732'x M CN M 'n ON O o b 82.78 �Y O p R O O CDt C O C 3 3 00 'T 00 o �o 60 fV D In O 00 O o0 W t'N'1 CD Oy N O O C 175.00 5 524.50 s89°27'52"e sW2752"e n89°2752"w n89°27'52"w ` 67. 4G. zr 107.00 512.00 072�j�M "'.00 w Title: City of Meridian Sewer and Water Easement 20-031 parcel 1 Date: 11-06-2020 Scale: 1 inch= 150 feet File: Tract 1: 3.684 Acres: 160487 Sq Feet:Closure=s23.3907w 0.01 Feet: Precision=1/543498: Perimeter=5444 Feet 031:R4 R=78.00,Dena 90.0000 001=s89.2752e 56.00 016=n89.2752w 147.21 Bng=s45.3208w,Chd=110.31 002=s00.3208w 184.64 017=n00.3208e 56.00 032=n89.2752w 512.00 003:Lt R=16.50,Delta 90.0000 033:Lt R=t6.50,Delta=90.0000 Bng s44.2752e,Chd=23.33 018=s89.2752e 326.65 Bng 0 .3208w,Chd=73.33 019:Lt.R=9.50,Delta=56.4754 034=s00.3208w 12.50 004=s89.2752e 175.00 Bnr-m62.081le,Chd=9.04 005:Lt R=I6.50,Delta 90.0000 020:Rt R=54.33,Delta=287.5637 035:Rr R=241.00 Delta=t6.4357 Bng�45.3208e,Chd=23.33 Bn�s02.1727e,Chd=63.92 Bng=s08.5407w,i%d=70.13 006=n00.3208e 415.00 a ffg n63.5 30%v,C hd=8.20�3 036�72.4354w 81.00 R=16.50,Delta=Cha=z3.33 90.0000 037:Lt R=160.00,Delta5 6.4358 007:Lt Bng-,da.z7szw, 022=n89.2752w 104.14 Bng=n08.5407e,Chd�6.56 008=s89.2752e 89.00 B g--i53 080,cries�°0°° 038=n00.3208e 12.50 009:Lt,R=16.50,Delta=90.0000 U6ng nt, .2752 .Delta 90.0000 Bng-45.3208w,Chd=23.33 024=s00.3208w 1 18.9U BngT44.2752w,Chd=23.33 010=s00.3208w 415.00 BBnng�-ss442�sz Chd 23.33 040=n89.2752w 107.00 9.5908 011:Lt.R=16.50,Delta=90.0000 04L Lt R=I6.50,Delta 69.5908 Bng�44.2752e Chd=73.33 026=s89.2752e 82.78 Bn s55.3734w Chd=18.92 0 1 2=s89.2752e 524.50 027=s00.3208w 81.00 s g�=n7 Rt,41 w,Chd=l1ais 138 013:L R=22 00,Delm--%.0000 028=n89.2752w 82.78 043=n00.3208e 248.61 Bng�5.3208e,Chd=31.1 t 014=n00.3208e 409.50 s�s`453208%v,CDtea 0000 015:Lt,R-16.50,Delta--90.00DO 030=s00.3208w 186.60 Bng�t44.2752w,Chd=23.33 Page 63 Item#3. 563.00 n89°2752"w s89"27'52"e n89°27'52"w 287.00 256.00 I-C9: a pf 6 Title: City of Meridian Sewer and Water Easement 20-031 Parcel 2 Date: 1 1-06-2020 Scale: 1 inch= 100 feet File: Tract 1: 0.348 Acres: 15158 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 1556 Feet 001=n00.3208e 20.00 004=n89.2752w 256.00 007=n00.3208e 194.91 002=s89.2752e 563.00 005=s00.3208w 194.91 008=n89.2752w 287.00 003=s00.3208w 20.00 006=n89.2752w 20.00 Page 64 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Minert Office Partial Release of Permanent Water and Sewer Easement Page 65 ADA COUNTY RECORDER Phil McGrane 2021-034932 BOISE IDAHO Pgs=3 CHE FOWLER 03/04/2021 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Water & Sewer GRANTEE: CITY OF MERIDIAN GRANTORS: D&R Property LLC_, INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated November 20 , 2007 and recorded as Instrument Number 108013638 —in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation("the Easement"),upon the real property legally described therein. WHEREAS,the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B, attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duty authorized this 2nd day of March 20 21 CITY OF MERIDIAN Robert E. Simis,", r y %� IDIAN SEAL F Attest by Chris J Inson, Cit�Ql 1�erk` STATE OF IDAHO, : ss. County of Ada This record was acknowledged before me on 3-2-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION#67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO 3-28-2022 MY COMMISSION EXPIRES 3128122 My Commission Expires: Item#4. Legal Description Minert Plaza Subdivision - Water and Sewer Easement Vacation A portion of easement recorded as Instrument No. 108013638, and being located over a portion of Lot 2 of Block 1 of Minert Plaza Subdivision as shown in Book 100 of Plats on Pages 13011 through 13013, and more further being located in the NW%of Section 18,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said Minert Plaza Subdivision, which a 5/8 inch diameter iron pin marking a point of curvature at the northeast corner of said Minert Plaza Subdivision bears S 89°32'59" E a distance of 194.56 feet; Thence S 89°32'59" E along the northerly boundary of said Minert Plaza Subdivision a distance of 108.57 feet to a point marking the northeast corner of said easement; Thence along the easterly boundary of said easement S 7049'20" E a distance of 50.94 feet to a point; Thence continuing along said easterly boundary N81°11'50" E a distance of 20.41 feet to the POINT OF BEGINNING; Thence continuing along said easterly boundary the following described courses: Thence N 81'11'50" E a distance of 11.68 feet to a point; Thence S 8'48'10" E a distance of 20.00 feet to a point; Thence S 81011'50" W a distance of 11.57 feet to a point; Thence leaving said easterly boundary N 9006'46" W a distance of 20.00 feet to the POINT OF BEGINNING. This easement contains 232 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC �PL LA Np December 13, 2020 �o S T 11118 X iz _ 1, 9T F OF�TCN W Lz 3y � `� Minert Plaza Subdivisi ��'Land Surveying and Consulting Job No.20-1 Page 67 Item#4. MINERT PLAZA SUBDIVISION CITY OF MERIDIAN WATER AND SEWER EASEMENT VACATION EXHIBIT E. SCHILLER LANE (PRIVATE) BASIS OF BEARING S89'32'59"E 194.56' — — -:I — — I ppINT OFG 108.57:................I......I gEGINNIN �I I I I m l II N81'11'50 E I I 20.41' �oNo,N I Ng111'50"E o® '�o to J tJ1 1 I Ng•06�„W J �, y I I I S8111'50 I II I MINERT PLAZA SUBDIVISION I 0 I z BK 100, PGS 13011-13013 J I II BLOCK 1 I I II I I 1 �- I I I IL - - - - - - - - - - - 1 J IL - - - - - - - - - - - - - --� ONp,L LAly�S 9� STFR GAG 11118 �� TFOF 5� �'I'O p,� LLan4?lutions veying and Consulting 0' 20' 40' 80' N W.. 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB N0 - Page 68 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Sky Mesa Subdivision No. 4 Sanitary Sewer and Water Main Easement Page 69 ADA COUNTY RECORDER Phil McGrane 2021-035267 BOISE IDAHO Pgs=5 KRISTINA LOWRY 03/04/2021 01:18 PM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Sky Mesa Subdivision No. 4 Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 2nd day of March , 2021, between Sky Mesa East, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 and 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 sanitary sewer and 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. Sky Mesa 4 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#5. 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 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. GRANT SKY MESA EAST,LLC Ja S H. Hunter, Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on �'-1 ,2021,by James H. Hunter on behalf of Sky Mesa East, LLC, in the following representative capacity: Manager. FKARA SCHOFIELD COMMISSION#40616 NOtff MPVBLIC STATE OF IDAHO MMISSION EXPIRES 08/02/2021 Notary Signature q My Commission Expires: Sky Mesa 4 Sanitary Sewer and Water Main Easement REV.01/01/2020 page 71 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-2-2021 Attest by Chris Johnson, City Clerk 3-2-2021 STATE OF IDAHO ) . ss. County of Ada ) This record was acknowledged before me on 3-2-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sky Mesa 4 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 Page 72 Item#5. EXHIBIT A Legal Description City of Meridian Sewer and Water Main Easement Sky Mesa Subdivision No. 4 An easement located in the NE '/4of Section 32, T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the SE corner of said NE '/4, from which an Aluminum Cap monument marking the NE corner of said NE '/4 bears North On13'21" East a distance of 2677.54 feet; Thence North 51°43'54" West a distance of 271.01 feet to the POINT OF BEGINNING; Thence a distance of 45.80 feet along the arc of a 71.00 foot radius non-tangent curve left, said curve having a central angle of 36°57'40"and a long chord bearing North 39n55'26"West a distance of 45.01 feet to a point; Thence North 0011'16" East a distance of 125.31 feet to a point; Thence South 89039'36" East a distance of 29.00 feet to a point; Thence South 0°11'16"West a distance of 159.66 feet to the POINT OF BEGINNING. Said easement contains 4,022 square feet more or less and is subject to LA Np S any other easements existing or in use. �G T F F G 0 Clinton W. Hansen, PLS a 11118 X Land Solutions, PC N p2.(co(2c'zo, February 8, 2021 9T �P �, OF � �� TONW . V\ Sky Mesa 4 Sewer and Water Easements ��� � � Job No. 20-29 . Land sunieying and Consulting Page 1 of 1 Page 73 ,/tTeM45. EXHIBIT B ITY OF MERIDIAN SEWER AND WATER MAIN EASEMENT - EXHIBIT SKY MESA SUBDIVISION NO. 4 29 N89-4 34 3W 2656.26' 29 28 114 32 E. AMITY RD. 32 33 I S89'39'36"E 29.00' U� w c^o z 16 N CO W m Z POINT OF M o BEGINNING I Z N c� EASEMENT m O -7 ;..32 33 f Tgco /v/--IF �R ��SP OQO`' _ w L Li 1, n CURVE TABLE N I3 CURVE LENGTH RADIUS DELTA BEARING CHORD ( co C1 4 5.0' 8 71.00' 1 36.5 -)0" 4 N39'5 5'°W2 45.01 / 0 IN 32 33 E. LAKE HAZEL RD. 5 4 ONP`LA ND S aN111 800 jLand OF0' 90' 180' 360Lan futions ON W.NP urveying and Consulting 231 E.5TH ST STE.A MERIDIAN.ID 83642 (208)288-2040 (208)28$2557 fax www.Iandsolutions.biz SOB <0 20-25 Page 74 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Sky Mesa Subdivision No. 4 Water Main Easement Page 75 ADA COUNTY RECORDER Phil McGrane 2021-035266 BOISE IDAHO Pgs=5 KRISTINA LOWRY 03/04/2021 01:18 PM Proket Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Sky Mesa Subdivision No. 4 Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 2nd day of March 2021, between Sky Mesa East, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Sky Mesa 4 Water Main Easement Version 01/01/2020 Item#6. 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. GRANTOR: SKY MESA EAST, LLC Ja es H. Hunter, Ma ager TATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on ,2021, by James H.Hunter on behalf of Sky Mesa East,LLC, in the following representative capacity: Manager. RA CHOPIEL:D $ I©N#�3Ctf'ii6 Notary Signature NOTARY PUBLIC pI Z 1 STATE OF IDAHO My Commission Expires: MY COMMISSION EXPIRES 09/0=021 Sky Mesa 4 Water Main Easement Version 01/01/2020 Page 77 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-2-2021 Attest by Chris Johnson, City Clerk - - 021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-2-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sky Mesa 4 Water Main Easement Version 01/01/2020 Page 78 Item#6. EXHIBIT A Legal Description City of Meridian Water Main Easement Sky Mesa Subdivision No. 4 An easement located in the NE '/4 of Section 32, T.3N., R.1 E., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the SE corner of said NE '/4, from which an Aluminum Cap monument marking the NE corner of said NE '/4 bears North 0°13'21" East a distance of 2677.54 feet, Thence North 66022'38" West a distance of 520.43 feet to the POINT OF BEGINNING; Thence a distance of 30.82 feet along the arc of a 71.00 foot radius non-tangent curve left, said curve having a central angle of 24°52'02" and a long chord bearing South 56°07'23" West a distance of 30.57 feet to a point; Thence North 0°11'16" East a distance of 17.13 feet to a point; Thence South 89048'44" East a distance of 25.33 feet to the POINT OF BEGINNING. Said easement contains 183 square feet more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS NPL LAN,o Land Solutions, PC X 0 February 8, 2021 5 —,S TEp` 0 11118 X 19TF 0 F TON W NPR Sky Mesa 4 Sewer and Water Easements La olution Land Sunmying and Consulting Job No.20-29 Page 1 of 1 Page 79 EXHIBIT B Item#6. CITY OF MERIDIAN WATER MAIN EASEMENT - EXHIBIT SKY MESA SUBDIVISION NO. 4 29 N89-43'43"W 2656.26' 29 28 1/4 . — . — . 32 E. AMITY RD. 32 33 , 'A � un un POINT OF N W 25.33' BEGINNING i N m S89'4844'E EASEMENT 1 �o — 163 SFr- - -- / N011'16"E G` I zLn --17.13' IV1 Ti/4 0 V �/)" H S . BCD oe�S r _ w Ii N CURVE TABLE N CURVE LENGTH RADIUS DELTA BEARING CHORDco Ct 30.82' 71.00' 24'52'02" S56-07'23"W 30.57' / CD M I 32 33 E, LAKE HAZEL RD, 5 4 \ONIkL LA Afo Tf �L O 11118 .iyr?'F OF ���5� Lan ?Iu o' tlons 90' 180' 360' pN WNP Landveying and Consulting 231 E.5TH ST,STE A MERIDIAN-ID 83642 (208)288-2040 (208)288-2557 fax wmi.landsolutions.biz JOa NO 20-29 Page 80 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Apex Northwest No. 1 (FP-2021-0004) by Brighton Development, Inc., Located at the Northwest Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. Page 81 Item#7. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: February 23, 2021 Topic: Final Plat for Apex Northwest No. 1 (FP-2021-0004) by Brighton Development, Inc., Located at the Northwest Corner of S. Locust Grove Rd. and E. Lake Hazel Rd. Request: Final plat consisting of 56 residential buildable lots, 12 commercial buildable lots and 9 common lots on 18.24 acres of land in the R-15 and C-C zoning districts. Information Resources: Click Here for Application Materials Page 82 Item#7. E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING March 2,2021 = DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 E.LME HAML Fto. SUBJECT: FP-2021-0004 Apex Northwest No. 1 —FP W LOCATION: Northwest corner of S. Locust Grove Rd. w &E. Lake Hazel Rd., in the SE 1/4 of Section 31,Township 3N.,Range 1E. PROJECT I. PROJECT DESCRIPTION The Applicant requests approval of a final plat consisting of 56 single-family residential buildable lots, 10 commercial buildable lots and 9 common lots on 18.24 acres of land in the R-15 and C-C zoning districts. II. APPLICANT INFORMATION A. Applicant: Kody Daffer,Brighton Development—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. Owner: Brighton Investments, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0056)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 final plat and the number of buildable lots and the amount of common open space area is the same. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required.Note: The approved phasing plan for this subdivision Pagel Page 83 Item#7. depicts this phase as Phases 2 and 3 of the preliminary plat. Staff is amenable to moving these two phases up to Phase 1. The north/south alley depicted on the preliminary plat in Block 2 wasn't approved because it's not visible from a public street as required by UDC 11-6C-3B.5e. As suggested by Staff,two common driveways were initially proposed with the final plat in lieu of the alley; however, because the number of units served by the common driveways exceed the maximum number allowed, it was not a viable option. As an alternative,the Applicant submitted a conceptual drawing that shows how the three lots at the northeast corner of Block 2 can be reconfigured and a north/south alley provided in place of the common driveways which is visible from a public street as required. Because this option meets UDC standards, Staff is supportive of this revision(see Section V.E). The proposed emergency access exhibit in Section VIII.D has been approved by the Fire Dept. IV. DECISION Staff recommends approval of the proposed final plat per the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 5/1/2020) APEX NORTHWEST SUBDIVISION PRELIMINARY PLAT A PORTION OF THE SOUTH 112 OF THE SOUTHEAST 1/4 AND NORTHEAST 114 OF THE • m NI'�,�,. � SOUTHEAST 114 OF SECTION 31,TOWNSHIP 3 NORTH,RANGE 1 EAST, PREl1NIAARY%AT CUTA CITY OF M ERIDIAN,ADA COU NTY,I DAHO w.LwaEMlB m. war O b- C= I - i, .. c trt.�sw�m - cr e Uk TZ --- - - - --- ---- ---- �eslofxnu roMnEow LErcaREu a .. � m I I \ Q ® e ` z I - _ ePriLrEORrnwEsrsusomslaH I M ERIOIAN,I OAHO lkm I I � CQM SHFET y• . c G 2 PP1.0 Page 84 Ei] B. Final Plat(dated: 2/22/21) PLAT OF APEX NORTHWEST SUBDIVISION No.1 u.�1aFUNo51rVARo xl�PoPlION dTNESOLLTIGST L.OFIHF soinxsasrvaarsrniox sx,rowrvsxiv s xamx Mwss x usr,sn,, mvarrx�oian�]culnnr,iouio. 'i m I w.se.,.• SXFEf IN�EY SM'eR']o•r f.Geeu asN'4x'xl"[xl �x = uw 4xo umnxmn 1,}]Y waAl l a � sovlra'w n 14 I °i�x-emnrkvxs xo rsrmnu REnREN[ES x ,iarn�or rz co�wh,ou¢ = OOOO©Og0®p®Opp I O © �.�a�xw so..x��x•,��NxR.�axo. 0 'i Issrxo fl p $TVs • '-4F ® p !ram �11�� ® �,.,.� w•.xsx�.wxo ov�, ®fl®O® @ ® ® per. .., p I x xxE Sit.— p O p c �� •r=xorx w 'xla,'I.v.e ® us.u•el•w laa.• xx"" � i . s E �,�� ---------------s.unr wnxno--------- --- --d A n . z-zuwtl Brighton Corporation Page 3 Page 85 Item#7. PLAT OF APEX NORTHWEST SUBDIVISION No.1 _ ®m: fi xrux,w mass -- eew.,ww moo✓- E aeo wnnn a � L 1 �. aks appw.00 a$a ® iBp 1pp Fg Ilea A0�4®��®�fl®�® �I I ff © htts I m I I»me' -lam ®� ae 6rt n a C C I kQ� E�� �■@ 8 I s a � � �q � � ��C� m����.m „"a �;; ----�➢-- 9 E - S l% "g "ag �8 le i lei @C ® ® ® ® ® ®$ Is 0 ®@ ® ® ® ® ®@` II �� I2459 BflghtOrl Ian EHOIeIFF F,N6 Corporation sun,le.x PLAT OF �F APEX NORTHWEST SUBDIVISION No.1 a I su�aF„ a � Ilr C I � tl I am r I ]] ieraaw I 8 ! xvrz�,w kY� ® 1 6 I I L______________ ------------- a a R �-J B.aIXi & I -------------- -ate . --------- --- ----'� OM @- g m---- --- —;L_ -- -- --- - - ■1■■■ A � Y M xer�r:,w,mn �'� Z.2r7a21 I ��.� x Brighton ,W.,,,w-, ---- ------ --- ---�--- --- orporat„on Page 86 PLATOF APEX NORTHWEST SUBDIVISION No.1 HOTPS lr=—"Tu M v liM MMQ—M.T7,. 75 ii ZWZFE"EUMMISAMOR 2L G lope km Brighton Corporation d-- Page 5 Item#7. C. Landscape Plan(dated: 11/20/2020) 7 � Li PAC _ y� r_ _ _ DREN SE TREE—Cl1fdTIONS(STREEJEOWSEIx i.AI. r I '.' • �______�_. .:{ . 2 Y �. c � "�' I;}I �' � .. IOTAL WEM SPACETIIE6 FT s - � o� �.. i sTRfErifeEf cAacuLAnrwfs[LTTIEE9sfrl 4 .. �@ n ,. . ,, �• � I __ _ TOTAL STREET TRf fS ar ¢ MRIGATI'ON REQUIRE— IT EE CALCN IdTIONS� w TOTAL PAIMWAY TiEES R . •.. — _� —— v {+ iOTALTREES REgI11PE[I�PROV�EO e....[ yZZ- �:, .. ... . ._ . .. 5 dE7 f LRN ESCAPE ST fTE�PLAN all 'm _»�•?.P�"'.-•Znl.I ;•, .., i" ... .n .._ mt. ..1 KJ`T Y'IV S {'. krn a 1 QD7 1 X s a a lANQS('JiPE PIAH L1L Page 88 OFD n. 11 4, 1 7-- C c L---------------- -- ---------------- ------------------ p -------------------- -------- ----------------- ----------------------- 0 k I m rr"- LANDSCAPE PLAN -Ar-O L3.0 miz 4Z L 1 D- II II km L4.0 Page 7 Item#7. D. Emergency Access Exhibit PLAT OF APEX NORTHWEST SUBDIVISION No.1 A F14RCELOF LAND$IRWT15DINh F'QRTION OFTHESOMHFAS7S/4C THE 90YRHEA r 14EIFSECFIONm,TUWioHIP 3XCa .RANEE 1FASn sm. CITY OF MVMA+k ADA O0UWT'F,IUFHO. SR21 �o iMtlk tr a�w�u�e�aucTnr a'� I I e rn 1n m 4 FHe3u1H 1•-eR U.wq. tl 4BR'41'26'E ITAe' 44L'4*•E WiW 4]'ee'E 91.50' S%M INOIX E1 �1 41 SNEET,-V,9W1 BJ6RhiFV+N'a•tIR IElV4 9!f`i3'f t"E f141V' SeY1Y'YI-E Y143G• 13 NVIZ'2,'E 563.32' FET 3 RTMI PAi WP L al[<T -[1,/M1T.Pxe 7 .OEpa1'wP e01E9 r &TN@ETSi. - Is I REFERENM I �- G) FOG �� /� ��}} yy'�� ((��4J i'J �`.! 'J Z � "J CY KY & KY � ! ta. nei o,m a,fuktr•s.]16�I£GL.NS tl aM[9,wTx_WO. i'1 F� I �. .ECOW or siM,'xw awq aaoms a w,[oum,b1d. l j i 1 IEGFHI I � rouxR sXa w Rs xrm v FwxR 6fd FRHYI Ss NOIm $ � � � n� ,, a •>�F�mH+1JS,L nIP 111P,IR s • � � � � �e • =xe n:s,z,ee•[.i wcnenc FeF�n uann &OCR, I4� A. ErLaLam w„++c w.w o.sc* (0 u x,.,eFR I - - M�YCFM a8T liE ��yy,, y�,�•�,�}, may, — mVo tFn1FA,nE @ ,} /.} LFi CCCGJ'L'1'b'9'6'.01 x0 VuE1FFNf IFa '�J V twit lOF1 eLG1I.1GyF{NARRAl1YF I I�427IeYf 149.86- Ne9'4P'41�M1'149�6{' Re�'�xz1•w r�s.Sk' xea'as x1 ,Ftrl6• ra r wg >biw�[ wu nnn�t.wy.,x� rPSrorr»,ua• I 4svew Rr,Ro' Nev se4aw I,S.u' mLm E.WE HAZEL RUL w uwm Yuf iaiW t,w waF nm ILv mu--el Im •�H 3'1 1 59 e.er4 I 1•T-✓b><l E N 4%,X F E•�X G Brlgh m Corporation Page 90 Item#7. E. Proposed Reconfigured Lot Layout t PLAT OF j lr APEX NEf THWEES S DIVISION No. 1 CITY OF WERI0IAM EASEMENT UTY OF h1EROLAN EASEAM (SEE Hole 8}� S39'43'0VE [SEE NOSE 9)� 60.00' H f F ! 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Page 9 Page 91 Item#7. 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-2020-0056 and H-2020-0066 (Development Agreement Instrument Number 2020-1781201. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the preliminary plat(by August 25,2022); 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 KM Engineering stamped by Aaron L. Ballard, dated: 2/22/2021, included in Section V.B shall be revised as follows: a. Rename E. Target St. to E. Phenomenal St. consistent with Ada County Street Name Review approval. b. Include the CP&F recorded instrument number at the corner section on Sheet 1. c. Include the recorded instrument number of the ACHD permanent easement graphically depicted on Sheets 2 and 3. d. Depict zero(0) setback lot lines where attached dwellings span across property lines. e. Depict PUDI easements along rear lot lines and/or the subdivision boundary of lots in Block 2, as applicable. f. Reconfigure the eastern portion of Block 2 consistent with that shown in Section V.E. Notes: g. Note#8: Include information for PUDI easements along rear lot lines and/or the subdivision boundary of lots in Block 2, as applicable. h. Note#9: Include the recorded instrument number of the City of Meridian easement. i. Note#10: Include the recorded instrument number of the ACHD landscape license agreement. j. Note#11: Include the recorded instrument number of the ACHD public right-of-way (sidewalk) easement. k. Note#18: Replace E. Target St.with E. Phenomenal St. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 11/20/2020, included in Section V.C, shall be revised as follows: a. Depict vegetative groundcover within the parkways along E. Lake Hazel Rd. and S. Locust Grove Rd. in accord with the standards listed in UDC I I-3B-5N. b. Depict landscaping on either side of all pathways (micro-paths and multi-use pathways) in accord with the standards listed in UDC I 1-313-12C,which require a mix of trees, shrubs, lawn, and/or other vegetative groundcover. c. Depict a gazebo with tables and benches as an amenity in Lot 22,Block 2; include a detail of the gazebo. Page 92 Item#7. d. Depict landscaping within the 25-foot wide street buffer along S. Locust Grove Rd. in accord with the standards listed in UDC 11-3B-7C. e. Rename E. Target St. to E. Phenomenal St. consistent with Ada County Street Name Review approval. f. Remove two(2)buildable lots in Block 1 consistent with that shown on the final plat. g. Reconfigure the eastern portion of Block 2 consistent with that shown in Section V.E. 6. Fourteen-foot(14')wide public pedestrian easements shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site along E. Lake Hazel Rd. and S. Locust Grove Rd. that are not located within right-of-way,prior to signature on the final plat by the City Engineer. 7. The rear and/or side of structures on lots that face E. Lake Hazel Rd. and S. Locust Grove Road,arterial streets, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. 8. All future development, except for single-family detached dwellings, is required to comply with the design standards listed in the Architectural Standards Manual. 9. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. The construction drawings shall reflect compliance with these standards. 10. The commercial (C-C zoned)portion of this development is allowed to obtain building permits prior to subdivision of the property. 11. 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. 12. All fencing shall comply with the standards of UDC 11-3A-7C. 13. All alleys shall serve as fire lanes and be signed"No Parking". 14. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-7 and 11-2B-3 for the R-15 and C-C zoning districts respectively. 15. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit; and for non- residential uses in accord with the standards listed in UDC 11-3C-6B.1. 16. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved prior to submittal of any building permit applications for non-residential/commercial uses and structures. 17. A Design Review application shall be submitted for all single-family attached structures; one application can be submitted for the overall development if desired. 18. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat(H- 2020-0056) and/or Development Agreement(Inst. #2020-178120)does not relieve the Applicant of responsibility for compliance. Page 11 Page 93 Item#7. B. Public Works Site Specific Conditions: 1. Streetlights on internal roads appear to meet requirements. Streetlights are required on Locust Grove and Lake Hazel prior to occupancy within the subdivision. A streetlight plan for Lake Hazel and Locust Grove is required with the road improvement drawings. 2. No Permanent structures(buildings,carports,trash receptacle walls,fences,infiltration trenches, light poles, etc.)can be built within the utility easement. General Conditions: 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. Page 94 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-413. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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 Page 13 (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. 24. 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. 25. 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. 26. 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. 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Jocelyn Park No. 1 (FP-2020-0019) by Erickson Civil, Located on the South Side of W.Victory Rd.,Approximately% Mile West of S. Meridian Rd. Page 97 Item#8. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 2, 2021 Topic: Final Plat for Jocelyn Park No. 1 (FP-2020-0019) by Erickson Civil, Located on the South Side of W.Victory Rd.,Approximately 1/4 Mile West of S. Meridian Rd. Request: Final plat consisting of 41 building lots, and 7 common lots on 10.15 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 98 Item#8. STAFF REPORT C� W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 3/2/2021 Legend �� - TO: Mayor&City CouncilProject Location, FROM: Joseph Dodson,Associate Planner p 208-884-5533 �® SUBJECT: FP-2020-0019 ° Jocelyn Park No. 1 ® ®� m PROPERTY LOCATION: -, The site is located on the south side of W. Victory Road,approximately '/4 mile - west of S. Meridian Road, in the NW 1/4 of the NE 1/4 of Section 25,Township 3N.,Range 1W. , I. PROJECT DESCRIPTION A final plat consisting of forty-one(41)building lots and seven(7) common lots on 10.15 acres of land in the R-8 zoning district. This is the first final plat for Jocelyn Park Subdivision (H- 2020-0067). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 10.15 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use Vacant Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-8 Lots(#and type;bldg/common) 41 SFR,6 Common Density(gross&net) 4.04 Gross,9.84 Net Open Space(acres,total[%]/ 3.95 acres total(29.45%of entire development); 1.75 acres of buffer/qualified) qualifying open space(13.02%).All open space except for one micro-path lot is proposed in this phase. Amenities Seating areas; shade structure,and micro-paths. Physical Features(waterways, Ridenbaugh Canal runs along the north boundary and will not hazards,flood plain,hillside) be disturbed during construction. History(previous approvals) H-2020-0067(Preliminary Plat) Page 1 Page 99 1 1 1 •■. -- vi\� a IIIII �� _ �'� ■,� .� � .���J�� .,V♦-�--���_ }T�� , VICTORY VIL I, linrrnri► y' y� �r sr r -- ��I�i r1 rrr4 •1i � I+I i rr '. i `� 1-4 �' carry l� ��• 0_II _ I-. +" �'� ix ..LLI irk .rxrnnrnnu nrrrrs.-.�,. ,- 1111 III � ��♦ "' � � � -- °�I J. �' a •i I + 1 1 1 1 I I 1 I,_ ■ri I�■ ■ri I•■nn prllrlr 1 Nrrnr_r'..:'e Ali - ���. •'�_ ■�IIIILIII:= ���. � i iliii IrIP _ rrrllrr•l-���- u-Y 11� Illllnmm�=r �-- -11� Illlnnnm Ci .N■ -- --7 - ■■ri M■ i. 4�■■I■■ ■■Y. ^.,r i 4�iiiii�� � ai MINE- L3DW I 44 : 1- ■r41' .i1� 1-� : �r siiil: ■�4 / 0_II � �� siii:: �■ �;' II°j'- il.a II 7jr raY,__ nnn-� nm.rrn nnr._ �`i i 1 '�=enrn .rtrnnnnnr nurr us�s�.rsrnnnnnr nun■r■ yi 1 1 111 iW Ir. • Illllrrlll �R}II 111"__� •i = one nn nnpr ♦, �i �► ■■ rsrr 11�� IIIIIN pr �� ♦� Iyai 111r} IIIIIN pv �' nnu � nnu ml Illr nl ml nn na..n•n 1 11 ; r}�1 ■n n ..nm '4N'NI 1 i ...:.71111► ` � m p-numnnnlrrdp, 1- ��� nnmlry � ouunimm��y���i • • 1 1 ' 1 i 1 1 . ' 1 1 1 • 1 1. Item#8. IV. STAFF ANALYSIS The proposed final plat consists of 41 building lots and seven(7) common lots in the R-8 zoning district. The minimum lot size proposed is 4,000 square feet with an average lot size of approximately 4,427 square feet. The proposed final plat incorporates all of the required changes from the preliminary plat and nearly all of the open space is proposed in this phase. In addition, the number of building lots and the amount of common open space is the same as within the approved preliminary plat. Therefore, Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 Page 101 VI. EXHIBITS A. Approved Preliminary Plat dITODAM 3AIJ ldld CIL NIVA113Hd A INA gal Al z ENT"X -F—T 9 Q-T C41 Tr 1. .11.1 A.e 14 Jill W 7 I'll 1 ........... f Jill L y ....... 7r`,i Page 4 Eil B. Final Plat (dated: December 15, 2020) hal twit ode" w c y o "M o G M -� y - - 6 3 - d v S; o '€ o a om Ni i w" e - - - - - - - fl _ r e �sn J'� ION C cn s a € _ z�� - _ W �W��_o. c - @ - - .a- 8kati$ '. ms 'eR Tmo Y OUR! R!H A r ! � O _U yr! 1 1 NJ - 11 No - N 6<HH rims < of �' joy '�y�e - - }� ", -xF.� r~c-o'er' � - @ u oG ism:z q i a. - �' h N n,a :� J w�o aLL - Nz � _ ion! oc cros $� � 3 _ � � 7 Man- aa ` < �¢ _ Eg Q a UM Ua 101H -�'HE � 'o�,0 ❑ IN Vim° a LL �� �_Eo'��"ooz� o� � _ W - - °Z o M H Nam'mp��-< a�o 1 � L - U, - Lr �Nz � w 4 a a a e a c TAR oamoEON� a G a �w 102 _ sa oo o< ���urvo _ zp_y6moa Z Z= � Z �p _ `$ km & A �� ImmgakA:3k3i Q 2 U cuts v, ��cw amen Na wa on Z ms���so Z O g w lull MOZ p mU ®•® a ® � l =a I ZQ N #R Z N } O Opit' Q za/Y� oY M,LL,9ZA5 2i w C —�j$ a �� aim 2nG n _ S R£P� 1 n i m W ix f LSZLF M Lt,SZAs I' on _ _ to z��� m 7 -4°°..'°°�`P°J I �.0 P. 1 py a� z 3.0>9ZAN y 11,s JO i r �� m N593 fi W G d /\ S BEAR LIAVI AVE. h WAr I Page 5 Page 103 Item#8. C. Landscape Plan(dated: February 3, 2021) a 6i� o �I �� I It €i a %- i I ,,r m 1_- r 3 i a _ m m IM 1 F r iYII m I JOCELYN PARK No. 1 g 4 ay, _> FINAL PLAT LANDSCAPE PLANS Fv F• g� m €N BOISE, ID Page 6 Page 104 Item#8. PLAN SOH58UL N07E:5 1\' Fv swV� iP"TI ro. R s 0 mix 11 Lu If co -,/� �. o ❑ --- f, W a rt 1��G 0 i na ! KEY MAP --'MATCNLINE L2- "'MATCNLINE :-R PLAN L2 Page 7 Page 105 F'I-A\7 SOHErULM NOTES MATCHLINE L2- C JEMSRNBEL MIZ z LU cr CL z KEY MAP PLAN L3 Page 8 FI-AN-Se-HEVULE JENiG;EkT.5 V. 4 VINYL PRIVACY FENCE -TU z SIRJB LU NOTES a cr Ld z < z I—EN V SIIN VI—L SLIT F— w z LANIPSCAPEC-ALCULATIONS Ir I:N OTREE PLANT'NCfETAKI� �� IRON FENCE cq_.. `A--'N m.e L4 Page 9 Item#8. D. Open Space Exhibit N LEGEND+OPEN SPACE CALCULATIONS UUALIEIENOP ENSPHCE OPEN SPACE-NON QUALIFIER OPENSP=E-NGNGUALIFIEUPONU RIGHT OF WAV 4 -' Ir � ti a ioezoss OPEN SPACE EXHIBff FP-1 Page 10 Page 108 Item#8. VII.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS 1. The applicant is to meet all terms of the approved preliminary plat(H-2020-0067) for this development. 2. The applicant has until November 4,2022, approval date of the preliminary plat,to obtain the City Engineer's signature on this final plat or apply for a time extension in accord with UDC 1I- 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. Prior to signature on the final plat by the City Engineer,the final plat prepared by Land Solutions (Exhibit B), dated December 15,2020, shall be revised as follows: a. Remove Note#10 as this development is not bound by a Development Agreement. b. Note#12: Include recorded easement instrument number. c. Note#13: Include the recorded instrument number. 5. Prior to signature on the final plat by the City Engineer,the landscape plan prepared by Jensen Belts Associates(Exhibit C), dated February 3, 2021, shall be revised as follows: a. Revise the required seating amenity located on Lot 24,Block 2 to be a more substantial seating area that is more than just a bench adjacent to the sidewalk to meet the recommendation of the Planning and Zoning Commission. 6. The applicant shall comply with the submitted home elevations within the approved preliminary plat(H-2020-0067). 7. All fencing shall be installed in accordance with UDC 11-3A-7. 8. Stormwater integration facilities shall comply with the standards listed in UDC 11-313-11C. 9. 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 for more information. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. Prior to the issuance of a building permit,the final plat shall be recorded. 12. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 13. There is an existing 8-inch diameter water main on the west side of the existing pond,this water main is to be abandoned. 14. A sanitary sewer service will need to be installed to serve the parcel at the end of W. Winnipeg Street. 15. Much of this development is within an area once occupied by a sanitary sewage lagoon. The area has been reclaimed by means of imported fill materials of various sources. The GeoTehhnical Engineering Report by Materials Testing&Inspection Co. (MTI) dated March 14,2019 makes note of the various materials found at ground surface, as well as the special considerations that must be followed to ensure that structures are constructed on suitable bearing soils. It shall be required that personnel from MTI,or another qualified geotechnical engineer,verify the bearing Page 11 Page 109 Item#8. soil suitability for each structure at the time of construction. Evidence of such determination shall be presented to the Meridian Building Inspector prior to footing inspection. 16. Type 1 streetlights are required on W. Victory Road every 220' west of the existing light. Davit pole may be utilized if there are overhead power conflicts. VII. GENERAL REQUIREMENTS 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. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. Page 12 Page 110 Item#8. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. 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. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 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. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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 Page 13 Page 111 Item#8. procedures and inspections. 23. 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. 24. All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 Page 112 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Jocelyn Park No. 2 (FP-2020-0020) by Erickson Civil, Located on the South Side of W.Victory Rd.,Approximately% Mile West of S. Meridian Rd. Page 113 Item#9. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 2, 2021 Topic: Final Plat for Jocelyn Park No. 2 (FP-2020-0020) by Erickson Civil, Located on the South Side of W.Victory Rd.,Approximately 1/4 Mile West of S. Meridian Rd. Request: Final plat consisting of 25 building lots and 1 common lot on 3.26 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 114 Item#9. STAFF REPORT C� W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 3/2/2021 Legend �� - TO: Mayor&City CouncilProject Location, FROM: Joseph Dodson,Associate Planner 208-884-5533 �® SUBJECT: FP-2020-0020 ° Jocelyn Park No.2 ® ®� m PROPERTY LOCATION: -, The site is located on the south side of W. Victory Road,approximately '/4 mile - west of S. Meridian Road, in the NW 1/4 of the NE 1/4 of Section 25,Township 3N.,Range 1W. , 1. PROJECT DESCRIPTION A final plat consisting of twenty-five (25)building lots and one(1) common lot on 3.26 acres of land in the R-8 zoning district. This is the second and final phase for Jocelyn Park Subdivision (H-2020-0067). IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.26 Future Land Use Designation MDR(Medium-Density Residential) Existing Land Use Vacant Proposed Land Use(s) Single-family residential(SFR) Current Zoning R-8 Lots(#and type;bldg/common) 25 SFR, 1 Common Density(gross&net) 7.67 Gross,9.58 Net Open Space(acres,total[%]/ 1,897 square feet in this phase; all other open space is buffer/qualified) proposed with the first phase. Amenities Micro-path. Physical Features(waterways, N/A hazards,flood plain,hillside) History(previous approvals) H-2020-0067(Preliminary Plat) Page 1 Page 115 1 1 1 •■. -- vi\� a IIIII �� _ �'� ■,� .� � .���J�� .,V♦-�--���_ }T�� , VICTORY VIL I, linrrnri► y' y� �r sr r -- ��I�i r1 rrr4 •1i � I+I i rr '. i `� 1-4 �' carry l� ��• 0_II _ I-. +" �'� ix ..LLI irk .rxrnnrnnu nrrrrs.-.�,. ,- 1111 III � ��♦ "' � � � -- °�I J. �' a •i I + 1 1 1 1 I I 1 I,_ ■ri I�■ ■ri I•■nn prllrlr 1 Nrrnr_r'..:'e Ali - ���. •'�_ ■�IIIILIII:= ���. � i iliii IrIP _ rrrllrr•l-���- u-Y 11� Illllnmm�=r �-- -11� Illlnnnm Ci .N■ -- --7 - ■■ri M■ i. 4�■■I■■ ■■Y. ^.,r i 4�iiiii�� � ai MINE- L3DW I 44 : 1- ■r41' .i1� 1-� : �r siiil: ■�4 / 0_II � �� siii:: �■ �;' II°j'- il.a II 7jr raY,__ nnn-� nm.rrn nnr._ �`i i 1 '�=enrn .rtrnnnnnr nurr us�s�.rsrnnnnnr nun■r■ yi 1 1 111 iW Ir. • Illllrrlll �R}II 111"__� •i = one nn nnpr ♦, �i �► ■■ rsrr 11�� IIIIIN pr �� ♦� Iyai 111r} IIIIIN pv �' nnu � nnu ml Illr nl ml nn na..n•n 1 11 ; r}�1 ■n n ..nm '4N'NI 1 i ...:.71111► ` � m p-numnnnlrrdp, 1- ��� nnmlry � ouunimm��y���i • • 1 1 ' 1 i 1 1 . ' 1 1 1 • 1 1. Item#9. IV. STAFF ANALYSIS The proposed final plat consists of 25 building lots and one (1) common lot in the R-8 zoning district. The minimum lot size proposed is 4,079 square feet with an average lot size of approximately 4,545 square feet. The proposed final plat matches the approved preliminary plat and the small remaining area of open space is proposed in this phase. The number of building lots and the amount of common open space is the same as within the approved preliminary plat. Therefore, Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 Page117 VI. EXHIBITS A. Approved Preliminary Plat dITODAM 3AIJ ldld CIL NIVA113Hd A INA gal Al z ENT"X -F—T 9 Q-T C41 Tr 1. .11.1 A.e 14 Jill W 7 I'll 1 ........... f Jill L y ....... 7r`,i Page 4 Item#9. B. Final Plat (dated: December 15, 2020) _ Y 5 s GARIBALDI �m om-ems a� £I� _ II _Ps c v = m L O56 H Z s°� ,Lq -s �I „I $I I��!! a�- '5�R O.c✓ r :T m $ t ° 5,GA AI BUI PL. w IiI m n� C7 z-: {nm m 0n is � s 55 � 0 g ' a i s c ® Z Z m5�2vi v��7 s71.15' - m;raati zo°Tm�mz N m - O 50 o oc�onm c $4 Z N- Z C Z S PEORIA WHY O W O _ �o C z Cj) c3o�m ]J 9 y � s.uERioiAry rm. � �b� Y D Z m CO m = _ o � `n7, y 99 � 09rt m =9om" m o`g E. mom ym y m �o - ors $ �U==As- N; so co �mo �==spma� o W ED - ��OPwiai• - p z€� ➢� - }z:`o - w Om3 IT m O E HH, IM O � f- T (i W Page 5 Page 119 Item#9. C. Landscape Plan(dated: December 18, 2020) �r G RIB M PL. r�C I ti < - yPK P£ w a s z lop U, UI FT -a� i = s JOCELYN PARK No. 2 g k Za FINAL PLAT LANDSCAPE PLAN m 'N BOISE, ID Page 6 Page 120 Item#9. D. Open Space Exhibit N LEGEND+OPEN SPACE CALCULATIONS UUALIEIENOP ENSPHCE OPEN SPACE-NON QUALIFIER OPENSP=E-NGNGUALIFIEUPONU RIGHT OF WAV 4 -' Ir � ti a ioezoss OPEN SPACE EXHIBff FP-1 Page 7 Page 121 Item#9. VII.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS 1. The applicant is to meet all terms of the approved preliminary plat(H-2020-0067) for this development. 2. The applicant has until November 4,2022, approval date of the preliminary plat,to obtain the City Engineer's signature on this final plat or apply for a time extension in accord with UDC 1I- 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. Prior to signature on the final plat by the City Engineer,the final plat prepared by Land Solutions (Exhibit B), dated December 15,2020, shall be revised as follows: a. Remove Note#10 as this development is not bound by a Development Agreement. b. Note#11: Include recorded easement instrument number. c. Note#13: Include the recorded instrument number and correct note number(should be Note #12). d. Widen the micro-path lot abutting the cul-de-sac to be at least 15 feet wide, in accord with UDC 113A-8;revise building lots as needed. 5. Prior to signature on the final plat by the City Engineer,the landscape plan prepared by Jensen Belts Associates(Exhibit C), dated December 18, 2020, shall be revised as follows: a. Revise the micro-path lot abutting the cul-de-sac in accord with the plat condition above. 6. The applicant shall comply with the submitted home elevations within the approved preliminary plat(H-2020-0067). 7. All fencing shall be installed in accordance with UDC 11-3A-7. 8. Stormwater integration facilities shall comply with the standards listed in UDC 11-313-11C. 9. 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 for more information. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. Prior to the issuance of a building permit,the final plat shall be recorded. 12. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 13. A sanitary sewer service will need to be installed to serve the parcel at the end of W. Winnipeg Street. 14. Much of this development is within an area once occupied by a sanitary sewage lagoon. The area has been reclaimed by means of imported fill materials of various sources. The GeoTechnical Engineering Report by Materials Testing&Inspection Co. (MTI) dated March 14,2019 makes note of the various materials found at ground surface, as well as the special considerations that must be followed to ensure that structures are constructed on suitable bearing soils. It shall be required that personnel from MTI,or another qualified geotechnical engineer,verify the bearing soil suitability for each structure at the time of construction. Evidence of such determination shall be presented to the Meridian Building Inspector prior to footing inspection. Page 8 Page 122 Item#9. VII. GENERAL REQUIREMENTS 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. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that Page 9 Page 123 Item#9. may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. 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. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 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. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. 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 Page 10 Page 124 Item#9. 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. 24. All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 Page 125 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Delano No. 1 (FP-2021-0001) by Challenger Development, Inc., Generally Located West of N. Eagle Rd./SH-55 and South of E. Wainwright Dr. Page 126 Item#10. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 16, 2021 ORDER APPROVAL DATE: MARCH 2, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 60 BUILDING ) CASE NO. FP-2021-0001 LOTS AND 9 COMMON LOTS ON ) 10.45 ACRES OF LAND IN THE R-8, ) ORDER OF CONDITIONAL R-15 AND R-40 ZONING ) APPROVAL OF FINAL PLAT DISTRICTS FOR DELANO NO. 1 ) BY: CONGER GROUP ) APPLICANT ) This matter coming before the City Council on February 16, 2021 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 DELANO SUBDIVISION, LOT 3, BLOCK 1 OF JASMINE ACRES AND A PORTION OF THE N'/2 SE1/4 OF SECTION 32, TAN., R.IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 1/5/2021,by JEFF BEAGLEY, PLS, SHEET 1 OF 5," ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DELANO NO. 1 FP-2021-0001 Page 1 of 3 Page 127 Item#10. 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 February 16, 2021, a true and correct copy of which is attached hereto marked "Exhibit A" 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DELANO NO. 1 FP-2021-0001 Page 2 of 3 Page 128 Item#10. 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 2nd day of March , 2021. By: Robert E. Simison 3-2-2021 Mayor, City of Meridian Attest: Chris Johnson 3-2-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-2-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DELANO NO. 1 FP-2021-0001 Page 3 of 3 Page 129 Item#10. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 2/16/2021 Legend R- DATE: f - ILIProjeci La -o-Ron 8 TO: Mayor&City Council R CL ' FROM: Sonya Allen,Associate Planner 208-884-5533 RUT RUT SUBJECT: FP-2021-0001O _ 1 Delano No. 1 m® I LOCATION: West of N. Eagle Rd./SH-55, south of E. R- R Wainwright Dr., in the SE 1/4 of Section 32,Township 4N.,Range IE. (Parcel #S0532427810, SO532417410, R4582530320,R4582530310) _ I. PROJECT DESCRIPTION Final plat consisting of 60 buildable lots and 9 common lots on 10.45 acres of land in the R-8,R-15 and R-40 zoning districts for the first phase of Delano Subdivision. II. APPLICANT INFORMATION A. Applicant: Sophia Durham, Conger Group—4824 W. Fairview Ave.,Boise, ID 83706 B. Owner: Corey Barton,Challenger Development, Inc. — 1977 E. Overland Rd.,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-00027)in accord with the requirements listed in UDC 11-613-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and found the number of buildable lots and the amount of common open space to be the same;therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Page 130 Item#10. 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: 3/12/2020) PRELIMINARY PLAT FOR o ❑ELAND SUBDIVISION -- H :.L LOTS BLOCKI,.N� N 1(20FA ESIL fM1AT1ID P32 _ _+„`. LOCATED IN THE N 1/l OF THE S l n 5ECIIOM 32 R FHF4 NORTH,PALACE 1 EAST,B.M. -'" CAOCIIW IOAHO - - �e rnnT� i lorsuxxaar ���^ r.rffr •:c•:. SHEET INOIX � ,e a-am-u.ores �,n rn,vxrwx vui ROM wW7�1N, - L �� ❑ WCOLLECI'OF SIREFESELTON l 27 LOCK StREFEg([:11ON�2� YMr�n .O .uc citt.w[ rriJ mow,m�'uu $ Page 131 Item#10. B. Final Plat(dated: 1/5/21) ems DELANO SURDMSION BOOK_PAGE LOT 3 M)a 1 OFJ499NE AMES A W A KIRT GW OF THE i v 3 HIj2-SE1{4 OF 5g, 0h 72.T.41Y..1t.1 E,.&M,. rar.ea n QTY OF MIIU01W ACM COUh7Y,IDN O M21 � �---....���,�-------•-wry r i ii �i i l a wr—I m -- �----------=fir�--------------•- I I � •�674' ' �sera oFs rsrc nr Km�r�,wo Qma vJe�s ,aamuc.uow¢e�lm]YAC]i Jm ey fwz.m) 1 xp mJ�p59plrIDYl lJo;Jtl0!JR m¢Jaw J Q�nm>mr�orr, JmeJR J.a,u.o 2P3D 5.HETT.10RMfAYE w ow..m.nrr<swr�riu a+me�JuaJJw txr�r,lo e�17 (2w)39"1Pf PAK{298)398-MS ��*'�rvexnp`"� wwws�wnao-�xcsrole Page 3 Page 132 Item#10. 4 � r zlr w j s� I i _71 -- -- -- - -- -- - ---- - = . iql L Y -- ---------- ---- - �! — ...�.... 75 a I� yR R4„ Ir Iuirkl i it"il EI• I. I�, J. °i';4,�; .FI, ,' $! •I .I .� I ,��,��.6 � = I�G ip � XLai WRSHAGTah'RYE. (d18)]93-9100 FAY Ixe]Jsa-a�as dw oo. e:ml`�.xy::-y.e:e:� WWW SIWR]OTFI'-LCW -_I�.i�.rr®...• r.._.. � as..m..�'G""" ..s...V.,,..�..'ram w��� ill a.vaa......n...n...«.r......,....—n.......�V w� I - -_-f GLp+ I I � 1 w (318)]948104 FRrizceJ na-alas IE+trTODT� , .,.� !lam.y�qc ccc wwwuwnwmcrai Page 133 Item#10. C. Landscape Plan(dated: 12/24/2020)&Amenity Details u Il I It _________I --_ __________ I � { ' �, IIIOO[I PLANT SGHEbULE 10 11 13 14 it m.a 'll (T Ina �M'ncmflcH lWR 1 \0%0 , I , I I I II rRC-� "^m'�Ynti =1 Zl- 77 n I ---- -- ..m I I I I - -� Inl , •.,. ... >. ::.�._.':',.;:�,�, 3�? ego emnxs mtc mm e'x/sa i- - --- I I _ I I _ I I -- -- J w w 5uj- '�- zz Z 0 Z a --- O K�K u'�swE,nlE�rr�i;cw�cw.rne.---------- , I — - m a 3 I „ _. [A a - - ---------- - 0 a ____---- -I _ ]IZ __ ______, ___________ Z J _________'�J KEY MAP I- sLAMOSCAPE �K5 41! L2 I I I , I I I I I II I I I , I I I L1 Page 5 Page 134 Item#10. PLANT SGHE1>ULE I_ �..., .a.... is —A LU - KE® s i PLAN - - -,flri. L2 PLANT SGHEnULE .mere Ll- J `A,T" © vlWL FRIVr T FENCE --FLr.Nn—isrn«ir,r, M��,. NOTES Z = a Z d A L' IM to a hT 0 i O:A-IWIF3 PLANTING O IFIN FFWF. �pVy. y. it Irll n ri nii�lin l r l�rn ll�r� LU er� �� �.r,II � � ��r �r���. •aNDSGAP��ALGUL 4TI CiNS 'PLANTFR criF DE E—E06 rrrm%nrE a ucc n ...vr.»c mus ur,w. a a LANfJ:.C.APF 50111 fJFRS LANDSCAPE" ' oETAL6 L3 Page 135 Item#10. 0 ENTRY GATE-PLAN yIEW ,� T 0 Z Q Z a W d I �I 1-._......�-�- m Lk -J CO J W LL _ a LANDSCAPE 1•ENTkT GATE-ELEVATICNY ' �3 MAINTENANCE L-NTRANGL- •` ..v; MAMTENnNGE ENTRY G^TE.• OETALS L4 Page 7 Page 136 Item#10. PROJECT AMENITIES As thedeve;operwe have researched and interviewed potential homeowners and followed the city ordin@nceto plan the most productive a menities for this area and this development The arRroenity package exceeds the requirement of Meridian City Development Code, which requires that the appiication have one amenity for projects up to 20 acres. We are proposing four addtfignaI amenities for a total of fie including a large half-acre neighborhood park comprising of a play structure, climbing racks,shade structure,dome swing set and seating areas. J L� f 'F- Page 137 Item#10. I]..DO 133.00 F- 137.00 132.00 136-00-- 95.44 113.19 120.00 116.00 11 ,00 12200 REVISIONS Above concrete view *Will have m BCMFHDN DATE ritle:CG Patio Cover Assembly DruwnBy:Kevir Thickness: Date: 8126/2D20 Scale:1:45 Weight: 1207.593� An Part#: Material: Public Art: :p Page 9 Item#10. D. Common Driveway Exhibit BLOCK 411 I i M�"� I - - LOT 13 TAKES ACCESS o I I FROM EAGLE VIEW ST- TO.00' SORE SETBACK I I 4 I DRNEWA.Y LOCATED ON UTILITY fASFlAENT I I A EAST SIDE OF LOT, I I >lo j >I>I �¢j I >Iz I� 13 j 14 SIDE I o SETBACK TYP --I I —��'- I----- — 4 Z 9 W EAGLE VIEW 5T 12-60' REAR SETBACK TYP w m o � C 4 F O $ M o LOT S TARES ACCESS FROM ELYSIUM AVE. � ——— DRIVEWAY LOCATED ON SOUTH SIDE OF LOT. — J $ 0 I I � N c.c CIVIL SITE w n t w a p ❑ 20 40 IOEu,x� � COMMON DRIVE EXHIBIT BOISE,]DE37DF LC}T 8-1 3 BLOCK 4 SCALE I'-iO Ph:{ID6}Ntr38]� o�ralvm�csmng inecnng.mm Page 139 Item#10. E. Emergency Access Exhibit Secondwy fire access m.. is Daslnvaod Place ..,a, '""�� ...:�•• - e � I( I • I -� , , • Liis j I ....__11 RETN616 R 1-_-__-____I T + C--________ , '•__ _ _ q ■ - .o mm...tfu w�wae si,i..o.✓m rvm I I --�. ---_ •li n}, J ---------- ji e I__________, __________ - ____ � __ __ ___ _ _ I • . t i [ I �wi• I-__________I y I_________ i----__-_._ v ` I I ®. - w ii----------I 4 ----------- ' ' i II ---------- ..-� .,,... _________ ____ - --I ----------� ? ----- - - ---------- I 1 ® -----------I ` s= ss.a,w ROY:It.D9f I i , Mary access - _ I__________ ___________ ___ _ I is Cen7epoint Way � -177 '• I i t I I � I ; I i t 1114; 1 j l s l I � I ; I ; I � i I�wm iw � I i 9{� m W ��• l ,. I , 11 >• + I I .i I I I , 1 ° � i j ° j l • ; I f I I • � l i l j i F r -- — -- �C2.0� Page 11 Page 140 Item#10. 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-2019-0027; Development Agreement Instrument Number 2020-131190). 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 11,2022); 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 Sawtooth Land Surveying,LLC stamped by Jeff Beagley, dated: 1/5/2021,included in Section V.B shall be revised as follows: Plat Notes: a. Plat Note#4: ". . . Meridian City Code ." b. Plat Note#7: Include the ACHD License Agreement recorded instrument number. c. Plat Note 411: Include ACHD sidewalk easement recorded instrument number. d. Plat Note#12: Remove note as it's not applicable. Legend: e. Include the recorded instrument number of the 30' water/sewer easement. Face of the plat: f. Depict the common lot lot line for Lots 1 and 7,Block 2. g. Depict the street buffer on Lot 1,Block 6 in a minimum 20-foot wide common lot as set forth in UDC 11-313-7C.2a; and include lot and block number in Note#6. h. Depict the Block number(i.e. Block 1)on Sheet 1. i. Include the Phase#(i.e. 1)in the subdivision name. j. Depict the location of the cross-access/ingress-egress easement on Lot 1,Block 6 to the east to Parcel#R4582530202 required in condition#12 below. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Associates, dated 12/24/2020,included in Section V.C, shall be revised as follows: a. Depict the location of the proposed swing set on Lot 7,Block 2 and public art on Lot 18, Block 5 on the plan. b. Widen the street buffer along the east side of N. Centrepoint Way to a minimum of 20-feet and depict landscaping in the entire street buffer in accord with the standards listed in UDC 11-3B-7C.3. Depict trees and shrubs in the street buffer along the east side of N. Centrepointe Way.Depict the street buffer in a common lot as required in condition#4.g above. c. Correct the street names consistent with that shown on the plat(i.e. E.Della St. should be W. Eagle View St.;N. Rosepoint Ave. should be N. Amberwood Ave.; and N. Centeepoint Way should be N. Centrepoint Way). Page 141 Item#10. d. Include the linear feet of parkways and the required vs.proposed number of trees in the Landscape Calculations table demonstrating compliance with the standards in UDC 11-3A-17 and 11-313-7C. 6. 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. 7. All fencing shall comply with the standards of UDC 11-3A-7C. 8. Future homes constructed in this development shall be generally consistent with the conceptual building elevations approved with the preliminaa plat. 9. Single-family homes along the west and north perimeter boundaries of the development shall be restricted to a single-story in height as proposed by the Developer(i.e. Lots 2-8 and 10-14, Block 4). Homes along the west boundary are allowed to have a bonus room but no rear facing windows shall be allowed for the bonus room(i.e. Lots 2-8,Block 4). 10. The rear and/or side of 2-story structures on Lots 2-6,Block 1 and Lot 2,Block 5 that face N. Centrepointe Way shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. 11. The emergency access driveway from N. Dashwood Pl. to E. Eagle View St. at the northern boundary of the site shall be constructed with the first phase of development as shown in Section V.E;this access shall serve as emergency and pedestrian access only and shall not be extended (now or in the future)as a public street. Bollards shall be installed at each end of the access driveway as depicted on the landscape plan that comply with Fire Dept.requirements. 12. A vehicular connection and cross-access/ingress-egress easement(or a local street) shall be provided to the property to the east of Lot 1,Block 6 (i.e. Parcel#R4582530202). The Applicant should coordinate with the developer of that property on a location for the access. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 13. A Conditional Use Permit is required to be submitted and approved for the multi-family development on Lot 1,Block 6 prior to submittal of applications for Certificate of Zoning Compliance and Design Review. 14. Future development of the multi-family development on Lot 1,Block 6 shall comply with the design standards listed in the Architectural Standards Manual.An application for Design Review and Certificate of Zoning Compliance shall be submitted and approved for all multi-family structures prior to submittal of building permit applications. 15. Provide address signage for homes accessed by the common driveway on Lot 9,Block 4 at the entrance of the common driveway from the public street for emergency wayfinding purposes. 16. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 17. The 50-foot wide private street easement(i.e. Jasmine Lane) shall be relinquished where it crosses the subject property. Proof of relinquishment shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. Page 13 Page 142 Item#10. 18. Parking is restricted to only one side of the 27-foot wide street sections; signage shall be installed prohibiting parking on one side of the street to ensure emergency access can be provided. 19. All existing structures on the site shall be removed prior to City Engineer signature on the final plat phase in which they are located. 20. 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. Provide to-and-through sewer and water stubs to 14104 W Eagle View(R4582530100). 2. Slope leading to SSMH A-6, SSMH C-1, and SSMH E-2 needs to be 0.6%. This is the same case for SSMH B-3. Minimum cover over sanitary sewer mainlines is 3-feet. 3. Revise the street light spacing on E. Jasmine Lane to meet spacing requirements of drawing 6c of the Meridian Design standards.As presented,there is a 300'gap between the two west lights. Ensure that the street light on north side of Eagle View Street is not in a future access point. 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 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 Page 143 Item#10. 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 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 Page 15 Page 144 Item#10. 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 145 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for Impressive East Ridge Subdivision No. 2 (FP-2021-0002) by DevCo Development, LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. Page 146 Item#11. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 16,2021 ORDER APPROVAL DATE: MARCH 2, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 38 BUILDING ) CASE NO. FP-2021-0002 LOTS AND 6 COMMON LOTS ON ) 7.91 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT IMPRESSIVE EAST RIDGE #2 ) BY: CONGER GROUP ) APPLICANT ) This matter coming before the City Council on February 16, 2021 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"IMPRESSIVE EAST RIDGE SUBDIVISION NO. 2 LOCATED IN THE SW1/4 OF THE SE1/4 OF SECTION 32, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020 HANDWRITTEN DATE: 1/20/2021, by JEFF BEAGLEY, PLS, SHEET 1 OF 1," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR IMPRESSIVE EAST RIDGE SUBDIVISION#2 FP 2021-0002 Page 1 of 3 Page 147 Item#11. 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 February 16, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR IMPRESSIVE EAST RIDGE SUBDIVISION#2 FP 2021-0002 Page 2 of 3 Page 148 Item#11. 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 2nd day of March , 2021. By: Robert E.Simison 3-2-2021 Mayor, City of Meridian Attest: Chris Johnson 3-2-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-2-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR IMPRESSIVE EAST RIDGE SUBDIVISION#2 FP 2021-0002 Page 3 of 3 Page 149 ►tem#". EX H I BIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 2/16/2021 Legend U DATE: `x ' leiPraject Lnonfor TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: FP-2021-0002 Impressive East Ridge Subdivision No. 2 Final Plat ` LOCATION: North side of E. Lake Hazel Rd.between S. Locust Grove Rd. and S. Eagle Rd. in the southeast%4 of Section 32, Township r{' 3N.,Range IE. ----- ----- 1. PROJECT DESCRIPTION Final plat consisting of 38 buildable lots, 6 common lots 1 private street and 2 common drive lots on 7.91 acres of land in the R-15 zoning district. The Director has approved the private street application which includes the private streets for the entire R-15 portion of the development and Lot 17,Block 2 (S. Jado Lane)platted with Impressive East Ridge Subdivision No. 1. II. APPLICANT INFORMATION A. Applicant/Representative Sophia Durham, The Conger Group—4824 W. Fairview Ave.,Boise ID 83706 B. Owner: C4 Land LLC—PO Box 1610,Eagle ID 83616 III. STAFF ANALYSIS The annexation,preliminary plat and development agreement for this development was approved by City Council on November 2017 as the East Ridge Estates Subdivision(H-2017-0129). The approved project allows the construction of a residential subdivision consisting of one hundred thirty-nine(139) residential lots and seven(7)common lots.The Final Plat for Phase One(Impressive East Ridge No. 1)was approved by the Council on July 17, 2019. The majority of homes in this phase have been built. In November of 2020,the City Council approved an amendment to the development agreement(H- 2020-0096). This was due to a request of the applicant to make changes to the configuration of the Page 1 Page 150 Item#11. plat and landscape plan,replace a required clubhouse amenity with a dog park, outdoor ramada (shade structure), and water feature, and eliminate a number of requirements that were originally established to address concerns of an adjacent property owner to the west who has since sold their property. The ramada and water feature are shown on an amenity exhibit as being constructed with this plat, although they are not labeled on the landscape plan. The dog park is reflected on the landscape plan. Gated private streets are proposed with Phase Two. UDC 11-3F-4 lists the design standards which are required for private streets. The preliminary plat proposed common driveways off private streets, whereas this is prohibited by UDC I I-3F-4-6. Alternative compliance is allowed from the design and construction standards, and at the time of the preliminary plat the applicant was granted alternative compliance to allow the common driveways. It should be noted the road configuration with the preliminary plat proposed numerous common driveways off private streets,whereas the current proposal only includes one common drive. The applicant submitted private street sections that comply with all remaining requirements of UDC I I-3F4, except a maintenance agreement that meets the requirements of UDC 11-3F-3B.4 was not submitted. This is recommended as a condition of approval. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and modified development agreement in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat exactly matches what was approved with the modified development agreement, does not increase the number of building lots and contains the same amount of qualified open space, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report and the private street Findings Section VII approved by the Director. Page 2 Page 151 Item#11. V. EXHIBITS A. Preliminary Plat as Approved with Amended DA(date: 10/23/2020) n 9 ^e n 7e ee 2 ai +I map n as n M n h w yr s w _..r .. . sn su rn sv sues rrxr v 1 uti s ssse.y sem s o na. wnv J sw s .W:, r .ems sae s� .,ass SI I ,v II n,r I »ar xce m m wx' ry � •- � us. ..,n: ,.m „x xw nor .rw asoc xa „� a.m II ,`� �- tti S Ir1. 'III I10 la 4 in ley IN yy,' lu ,101 10ir IC ICIr [(r - .�y r_ »eo r_ .::r `• �-.r' -+:a. >a r: ,a v, vcx a_ :e-a x�� n a`• .,: I ,•i,r -v7 x. x .+ :sr$ s m sr3 a x$ mf xJ A ws� r I rn.sr $ JT u I eum , Wes• _/ „74 1b. uurtf •aw 541 � � ��: fomf - - 77 !- pp -A,r 4' v .ram 6 'I ,•,er R ers s Rl8 Y - " � 9 , Ig g S{ fax.F - io•or � I% e,K�s 3 ,en er I '�,.• la GI I fa 1I I@ sox eseo ea g sly riiu - I �euf 3 N inrn'r III a u 9 I +m m ,mom I a si7s a}a ly .•iex ':ss :c x ' ... ,.ac ww >'em , ,arr . 41 tj :a : a s ■ a Itl �°"'°" i-� ..� r.- ... .r ssco+�- seoo�� .sw►_ .H�s 9rn.m gl x , IL r Page 3 Page 152 Item#11. B. Final Plat(date: 1/20/2021) A YlLrO P f LIMPUrm IN F`1 F"'l, y l E Q yr m y , ' • 'r y it m y m , i i-� � � • ' L 1 1 mm im mrmmp r I 1 ff I r r +— la-r� Y O�jON N � J• �+ ��� % � , � :}• � �Jr i IJL Lr 1 If ti � f 41 1�r■Y• % T ti it.-ram r�.. I 1.�:■ i + 1 i ry� 11 r mar, ■ �. 1� L IL J � i ■ � ~ r � e In our UIR i%iiiiii L7� Page 4 Page 153 Item#11. C. Landscape Plan(date: 9/22/2020) I � rune rtrx, ' I .ar 115 33 32 m 2ff 2G 27 25 25 2.1 23 wnrr 213 I wernl hrl�l✓F u I 2i _ I sr rw J W1+Ir�el��i 36 rrtti �•:'r•ermr-.T.-�-,�•--•r,i'r�.. ::. T., 4y -gyp 45, Sur .r/I[�L1�Ph: - '•}..:f�. 37 a`µrs ,: ',t*:.[., 5x •1-'. ' ti;. ur n 41 ,.,•re,ve.nc I::'..'' _ - `::t.. eye on..iln rmq 15 I 16 17 44 _ rr 2 H I43 34 I� �•� I� . -441 S�StIII*OI O_ e-rs a -- 'b r{' I I 9 s Page 5 Page 154 Item#11. D. Open Space Exhibit(date: 10/23/2020) I I ro I I I I I�j(F I I I I I I r I I I f SA611 F 9018 IF kJ r ,+ ilca� sr Page 6 Page 155 Item#11. E. Common Drive Exhibit(date: 7/14/2020) - ""�y 1 / I LOT 19 TAKES ACCESS FROM STREET B. DRNEWAY LOCATED ON NORTH SIDE OF LOT. BLACK 4 f a 19 a o o m q o I COMMON DRIVE AND LANDSCAPE f o I BUFFER TO BE OWNED AND f a MAINTAINED BY HOA. LOT 18 CONTAINS A PERPETUAL J' 18 INGRESS/EGRESS EASEV ENT i ti I � I � 4 I I � r 1 �t 14 1 16 1 17 I 1 1 I I 1 &CO, SIDE 10,UU' 5Ef3ACK/ SETBACK TYP �y LT1LIT" ESMT I I 1 I N IMPRESSIVE EAST RIDGE SUBDIVISION NO. 2 COMMON DRIVE EXHIBIT-LOTS 1 5-19 BLACK 4 scclE 1" 30' Page 7 Page 156 Item#11. E. Emergency Access Exhibit(date: 1/5/2021) I„ �v nacE o-w,na clr-hx - h Secondary nn emergency vehicle access : . �srol ue x, :.r.P:a✓� I I I I I I I I I I I I I I I I I I l i ��•I�I x'k I I I I I I I I I I I I I 23 I I u I I I II II II II II II II II II II e3 I } � �• ry =n -� sEi vffi x� - -gl'Ftyh�. _____®J I ---------- � 1 1 4.9cEEf IY.Xf�.oinu �. \ Z----------J it r--------, I Iu7pLL ca�1E 1 ' 1 I- -------- r--------� 1 er j .ram 1 15 I I I; I 1 I 3e I 1 � I 1 1 a=-4EµWh�u.x-cR I IL--------I 3 L--------J II II LI I I I I •1 I // __--_.M �w 12 41 f I I I I I in I II II II III j I � + p y'I rnary site r-------- Pri I I CCess FUNFc,mac-I-lu} I I I I I I I I I I I ���� P 1 �wc n• \\ , sn ' I I I I I j I I I I # EL EH l IUILIG \ I 0 all1��FE CEr�l"VEST-,J cEE`��InIC91.�n1� Page 8 Page 157 Item#11. G. Amenity Details(date: 1/5/2021) d w ' x Ili � !! !I 31 90 29 7A 27 74 is s g u t9 C 30 'r r 2l zSM0 LANE(PRNATFJ \ ' 24 yak, i Is \� 46 3i 45 p 18 17 44 38 Ramada o 1 Vvater _Feattl",- - 83 39 42 94 LASE IIIZIVATE] 10 7 2 3 4 ! & - 9 6.0 e� Ramada WaterAir se Feature s s .v Page 9 Page 158 Item#11. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation,preliminary plat(H-2017-0129) applications approved for this site and modified development agreement(H-2020-0096). 2. The applicant shall obtain the City Engineer's signature on the final plat by May 13, 2021 in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to City Engineer signature on the final plat, the applicant shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof per UDC 11-3F-3. Said agreement shall include the entire R-15 portion of the development and Lot 17, Block 2 of Impressive East Ridge Subdivision No. 1 4. The final plat prepared by Sawtooth Land Surveying,LLC., dated January 2021 by Jeff Beagley, shall be revised as follows: a. Add a note which states"All product in Impressive Ridge Subdivision No 2 shall be single level with a maximum roof height of 25'." b. Note#4: add"and development agreement Instr. 2018 as modified by MDA H-2020-0096." c. Note#10: Revise to read"development agreement Instr. 2018 as modified by MDA H-2020- 0096." d. Add a note with the amended development agreement H-2020-0096 instrument number. 5. All fencing installed on the site shall be consistent with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary,temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 7. Future homes constructed in this phase shall be consistent with the approved elevations contained in modified development agreement H-2020-0096. 8. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 9. Prior to the City Engineer's signature, the applicant shall obtain approval from the Post Master of the proposed mailbox location(s). 10. All private streets shall be constructed in compliance with UDC 11-317-4. For the purposes of this application, the applicant shall only construct the portion of the private street in accord with this phase. The reminder of the streets shall be constructed with a subsequent phase. B. PUBLIC WORKS A. Public Works Site Specific Conditions: 1. Provide detail or note indicating access path over manhole meets City's minimum requirements. Page 10 Page 159 Item#11. 2. Need access path per City's requirements to access SSMH E-1. 3. Angle of pipe into and out of manholes must be 90-degrees minimum. SSMH B-4 does not meet this. Adjust accordingly. 4. The sanitary sewer mainline from Manhole B-4 to B-5 as well as Manhole B-5 in the Common Driveway need to be private,and will be the responsibility of the HOA.This mainline and manhole shall be labeled on the construction plans as "private", and this manhole shall also be required to have a lid that states"Private Sewer". 5. Given the private nature of this development's streets, a public street light plan is not required. If roads are changed to public, a streetlight plan will be required. General Conditions: 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 Page 11 Page 160 Item#11. agreement may be approved as set forth in UDC 11-5C-3C. 14. 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. 15. 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. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. Any existing domestic well system within this project shall be removed from domestic service per Page 12 Page 161 Item#11. 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. 27. 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. 28. 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. 29. 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. VII. FINDINGS Private Streets(11-3F-5) In order to approve the application,the director shall find the following: 1. The design of the private street meets the requirements of this article; The applicant has submitted street sections which comply with all design requirements, except a maintenance agreement which meets the requirements of UDC 11-3F-3 was not submitted. 2. Granting approval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; Private streets and numerous common driveways were discussed during the preliminary plat process. It was determined approval of the private streets would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Location of the private streets shall not conflict with the comprehensive plan and/or the regional transportation plan. 4. The proposed residential development(if applicable)is a mew or gated development. The proposed development is a gated development. Page 13 Page 162 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Mark Enos Annexation (H-2020- 0119) by Mark Enos, Located at 2972 E. Leslie Dr. Page 163 Item#12. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIA AND DECISION&ORDER �N,-- In the Matter of the Request for Annexation of 1 Acre of Land with a R-2 Zoning District,by Mark Enos. Case No(s).H-2020-0119 For the City Council Hearing Date of: February 16, 2021 (Findings on March 2, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 16,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 16, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 16, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 16, 2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 16,2021,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MARK ENOS ANNEXATION—FILE#H-2020-0119) - I Page 164 Item#12. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and zoning to R-2 is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 16,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of February 16, 2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MARK ENOS ANNEXATION—FILE#H-2020-0119) -2 Page 165 Item#12. By action of the City Council at its regular meeting held on the 2nd day of March 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-2-2021 Attest: Chris Johnson 3-2-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-2-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MARK ENOS ANNEXATION—FILE#H-2020-0119) -3 Page 166 Item#12. EXH I BIT A STAFF REPORTC�WEIIIDIAN . COMMUNITY DEVELOPMENT DEPARTMENT ` HEARING 2/16/2021 Legend DATE: 0 lei TO: Mayor&City Council ��4;Lccfl�R E_LJSfICK RD= FROM: Alan Tiefenbach,Associate Planner --- EPPIC4 00 Bruce Freckleton,Development r � Services Manager x LU J 61 I SUBJECT: H-2020-0119 W Mark Enos Annexation ~ , - � LOCATION: 2972 E. Leslie Dr. L9 I I I --- - I. PROJECT DESCRIPTION This is a proposal to annex and rezone 1 acre of property to R-2 to obtain City services. The property contains an approximately 2,450 sq. ft.house,is presently zoned R-1 in unincorporated Ada County, and is served by individual well and septic. The Applicant desires to construct a detached accessory building for an approximately 1,750 sq. ft. shop,RV garage and upstairs living area. The applicant has been unable to obtain a new septic permit from the County due to the location and limitations of the existing system to accommodate an additional bathroom. The Applicant has determined it would be cheaper to annex into the City and connect to City water and sewer than to upgrade the septic system. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.0 acre Future Land Use Designation Low Density Residential Existing Land Use(s) Single Family Residential Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 1 Phasing Plan(#of phases) 1 Number of Residential Units(type 1 house,possibly 1 secondary dwelling unit of units) Density(gross&net) 1 du/acre Open Space(acres,total N/A [%]/buffer/qualified) Page 1 Page 167 Item#12. Description Details Page Amenities N/A Physical Features(waterways, Finch lateral parallels the northern property line hazards,flood plain,hillside) Neighborhood meeting date;#of November 13,2020,2 attendees. attendees: History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District No comments Access(Arterial/Collectors/State Property is accessed from N.Eagle Dr to E.Leslie Dr. Hwy/Local)(Existing and Proposed) (local). Traffic Level of Service N/A Stub Street/Interconnectivity/Cross N/A Access Existing Road Network E.Leslie Dr Existing Arterial Sidewalks/ No buffer—E.Leslie Dr.is an existing local street. There Buffers is a sidewalk on the south side. Proposed Road Improvements E.Leslie Dr is an existing road with sidewalk Distance to nearest City Park(+ 0.75 mile to Julius M.Kleiner Park size) Distance to other key services Fire Service No site-specific comments on this proposal. Police Service No comments Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.06 • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Flow has been committed • No proposed changes to Public Sewer Infrastructure within Record.Any changes or modifications,to the Public Sewer Infrastructure, shall be reviewed and approved by Public Works. Water • Distance to Water Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No proposed water infrastructure is shown in the application but the narrative stated this property needs to connect to City water and sewer. Page 2 Page 168 Item#12. C. Project Area Maps Future Land Use Map Aerial Map Legend + Legend - Il••�J� Lccfl Tian Ll I RD P�-O _+Laofl fiorr U E�,!{446 w' PfG4 Ep1C 6DR r O . ICJ .k a s ! — Z Lo e {n ResidentialLL Offlc e # r Zoning Map Planned Development Map Legend N } Legend E U It L R� � F�o;e� Loc_:-on E_U -ICK RQ= E Eft I Farr.edFac�= EPjC0�Icn a "R1 ; �,v adR fiCE OLI I LN RUT R- : I_ W W R1 le R1v R-_ - R-� 9 R1 9 I _--------- R- R7 R-4 L ---- ' --- ;C Page 3 Page 169 Item#12. III. APPLICANT INFORMATION A. Owner/Applicant/Representative: Mark Enos—2972 E. Leslie Dr. Meridian,ID 83646 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification published in newspaper 1/1/2021 1/29/2021 Radius notification mailed to properties within 500 feet 1/l/2021 1/25/2021 Public hearing notice sign posted 1/8/2021 1/30/2021 on site Nextdoor posting 12/29/2020 1/26/2021 V. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. Staff typically requires a development agreement as part of the annexation approval to ensure the site develops as proposed by the applicant.As the intent of this annexation and rezoning is to connect to city water and sewer for an existing house and new accessory building, staff does not find a development agreement necessary. B. Future Land Use Map Designation(https://www.meridiancity.org/compplan) The Future Land Use Map(FLUM)designates the property for Low Density Residential(LDR). This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. With one existing home on one acre,the proposed rezoning is consistent with the FLUM. C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): (Staff analysis is in italics after the cited policy) • Encourage diverse housing options suitable for various income levels,household sizes,and lifestyle preferences. (2.01.01) The property contains an existing single-family residence. The applicant intends to construct an accessory building which includes an approximately 650 sq.ft. "bonus"room with a bathroom. This could be used as a secondary dwelling unit which increases the diversity of housing options. • Remove regulatory barriers and develop design criteria that support the construction of accessory dwelling units and micro homes where appropriate. (2.01.01K). As mentioned, the bonus room in the accessory building contains a bathroom, a wet bar, and is within the 700 sq.ft. requirement to allow it to be used as a secondary unit in accordance with the specific use standards per UDC 11-4-3-12. Page 4 Page 170 Item#12. • Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services. (3.03.03F) The subject property is located directly adjacent and west of the City Limits. Water and sewer mains are located in front of the property along E. Leslie Dr. Fire service can be provided to the property in less than 4 minutes. Meridian Police and Fire expressed no concerns with this request. Ensure that new development is connected to the City's sanitary sewer system(no septic systems). (4.09.01A) The impetus for this annexation and rezoning is for the applicant to obtain City water and sewer service in order to construct an accessory building with an additional bathroom. D. Existing Structures/Site Improvements: There is an existing 2,450 sq. ft.house on the property,which was constructed in 1976. This house will remain. An approximately 1,760 sq. ft. detached accessory building is proposed to be constructed at the rear of the lot. Based on the site plan submitted by the applicant, all existing and proposed structures meet the minimum 20' front setbacks, 7.5' rear setbacks and 15' rear setback. E. Proposed Use Analysis: Single family residences and detached accessory structures with a secondary dwelling unit are allowed and accessory uses in the R-2 zone district. F. Specific Use Standards(UDC 11-4-3): If the upstairs"bonus room"of the detached accessory structure is used as a secondary dwelling, it would be required to meet specific standards in accord with UDC 11-4-3-12. This includes owner occupancy of the main structure,maximum size limited to 700 sq. ft. (650 sq. ft. proposed),located to the side or rear of the principle structure, and provided with at least one parking space(ample parking is available in the rear yard). G. Dimensional Standards(UDC 11-2): As mentioned above,both existing and proposed structures meet all required setbacks. The height of the accessory structure is indicated to be 23',well within the maximum allowed height of 35' in the R-2 zoning district. H. Access(UDC 11-3A-3, 11-3H-4): Existing access occurs from E. Leslie Dr. The applicant has been informed that the driveway to access the new accessory structure will be required to be paved per UDC 11-3C-5-B1. 1. Parking(UDC 11-3C): At least four parking spaces exist for the present structure (two driveways,two garage). If the applicant intends to use the accessory structure as a secondary dwelling unit,an additional parking space will be required per UDC 11-3C-6. Page 5 Page 171 Item#12. J. Sidewalks(UDC 11-3A-17): There is existing sidewalk on the south side of E. Leslie Dr. There is no sidewalk on the north side of E. Leslie Dr.No additional sidewalk is required with this proposal to annex and zone to obtain city water and sewer service. K. Landscaping(UDC 11-3B): No additional landscaping is required with this proposal to annex and zone to obtain city water and sewer service. L. Waterways(UDC 11-3A-6): The Finch Lateral, a seasonal ditch,parallels the property along the northern property line. The applicant does intend to pipe this lateral as part of the annexation and rezoning for the existing single-family residence. Given the nature of this application request, staff does not believe requiring the applicant to tile the ditch is warranted. M. Fencing(UDC 11-3A-6, 11-3A-7): Any new fencing will be required to meet the standards of UDC 11-3A-7. N. Utilities (UDC 11-3A-21): Water and sewer is available at E. Leslie Dr in front of the property. The applicant should be required to abandon the existing well and septic system and connect to city services as a condition of the annexation. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant has submitted concept elevations of the proposed accessory structure. The structure meets the height requirements of the dimensional standards per UDC 11-4-3-12 and reflects a pitched roof and dormers comparable to the character of the primary structure. Once the property is annexed into the City no other approvals are required from the Planning Division. The applicant is required to submit plans to the building division for review and approval prior to commencing with construction of the detached accessory structure. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the comments noted in Section VIII. and per the Findings in Section IX.A development agreement is not being recommended with the subject annexation request. B. The Meridian Planning&Zoning Commission heard this item on January 21,2021.At the public hearing.the Commission moved to approve the subject annexation and zoning request. 1. Summary of the Commission public hearing: a. In favor: Mark Enos b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. None Page 6 Page 172 Item#12. 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard these items on February 16,2021.At the public hearing,the Council moved to approve the subject annexation and zoning request. 1. Summary of the City Council public hearing: a. In favor: Mark Enos b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 7 Page 173 Item#12. VII. EXHIBITS A. Site Plan(date: 7/20/2012) L {� 4 6 i � I I ,a 1L ti '-0 VAOP I L � 1 y 4 ti ,s O y ti w 1 L {} i ,L Ly s II L i o I L l L , y 1 1y y � L 1 y L 1 L 1 L I 14 y L y L y IL L � L � y y y � I 6ITE MAN 6C4LE 1" ......F ILA' Page 8 Page 174 Item#12. B. Elevations(date: 7/20/2012) [JOE] 177=1 177 El C3 REAR Page 9 Item#12. C. Annexation Legal Description and Exhibit(date: 9/14/2020) &am ,yr 5epternbEf 14,7.= Rr4JEct No.20-143 EMhRA A Leal 13MCrlp101x frif Annex fflor%mnd Rerom ixr R,2 I ao#5,block t of CwuPS-%bdM5don A parcel of land being all of Ent S,Black 1 of Carol's SuhdivWan y600k 38 of Plats at Pages 5164 through 3iCi5,records of Ada cauntYr Idaho)and take nartberly 25M fret of East Leslie OrNe adjacent to saW Lot 5,Block 1,situated in the Northeast 1/4 el Sestlor.5, r wnship 3 North,flange 1 East, E3.M.,Ada County, Idaho and bung more particvlarly described as follows Beginning at the Nor:hwe5t miner of said W1 S,thence foRovArq the northerly boundary arsaid Lot 5r N77'2b'3G"E a distance of 182.50 ftet to the Northeast corner of said Lot 5, Theflce leaving said northerly[Eno and fallowing the east,ey line of said Lot Sr S:3$°01.47"E a distance of 247.90 feet projected to the centerflne of fast Les Ile Drive; 'thence 1`cIWwiN said ceriterHne,581'58•i3•'W a distance of 181.93 feet, Thence IeavIng 5aid centerlintz and foEln+uing the projected westerly lfne of said Lot 51 WPM a distance of 233.49 fee`to the POINT OF BEGINNING. Sala parceii cantalnS a total of 1.1X5 acres,more or less_ Attached hereto is Exhibit R and by this reiererroa Es hereby made a part of. 45 OF 9233 Weit State Straet + Haire,Idaho 83714 . 24E.639.6934 itmenllip,com Page 10 Page 176 Item#12. RJerivilie Square �ubdfvi5ion �2e3o e POINT DF SEG111NI tG Lot 5,block 1 Lot 4 a Carol's Subdivision R129454WSC �► Anri8mtion Area; 1.005 f AC- Lot # Curram Zaning,R-1 Fro�psed ZOTClTFg:R-2 O r-a TS},9sr C y' �- .lk��►y�-RIx��1il'y LEGEND L '" °s ANNEXATION & REZONE ODUNDARr - - I EXISTING Rr.HT—OF-WAr UNIE IL 12459 ROAD CENITERLJNE # ADJACENT LOT UME " iY or L, B AVe 1 -I LI- Zz 0 fa 120 ISO Plan Scale: I"=60' ENGINEERIhI �Q �'3 K�S'�ST�4iE5TAE�T ��,�44H4 R371� Exhibit B kniepEk� Annexation and Rezone to R-2 DATE- Sepetmbhanw NQE T: - SHEETr lot 5, Black 1 of Carol's Subdivision -2972 E. Lesdie Df. 1 OF I NE 1/4 Set, 5, T3N-, R117,, R.M.,Ada County, Idafio Page 11 Page 177 Item#12. VIII. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Existing well and septic system shall be abandoned and the applicant shall connect to City water and sewer service. 2. All driveways shall be paved in accordance with UDC 11-3C-5-131. 3. If the accessory building is used as a secondary dwelling unit,the applicant shall be required to comply with the specific use standards listed in UDC 11-4-3-12. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-4. 5. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7, as applicable. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. B. PUBLIC WORKS 1. Sanitary sewer and water services were extended into this subject property at the time mains were installed in E.Leslie Drive. Applicant shall be responsible for the payment of water and sewer assessment and meter fees. 2. 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. 3. 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. IX. FINDINGS A.Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds annexation of the subject site with an R-2 zoning designation is consistent with the Comprehensive Plan LDR FL UM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Page 12 Page 178 Item#12. Commission finds the size of the existing house and lot will be consistent with the purpose statement of the residential districts and if the accessory building is used as a secondary dwelling unit, would meet the recommendations of the Plan to provide a diversity of housing. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Commission recommends Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Commission finds the proposed annexation is in the best interest of the City if the property is developed in accord with City/Agency comments in Section VIII. Page 13 Page 179 Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Berkeley Communities, LLC for Daphne Square Subdivision (H-2020-0101) Page 180 ADA COUNTY RECORDER Phil McGrane 2021-034930 BOISE IDAHO Pgs=38 CHE FOWLER 03/04/2021 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1-. City of Meridian 2. Berkeley Communities, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2nd day of March , 2021, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITE'whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Berkeley Communities,LLC whose address is PO Box 5927,Boise,ID 83705, hereinafter called D ER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole(owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A;",which is attached hereto and by this reference;incorporated herein as if set forth in full, herein after referred to as the Property, and 1.2 WHEREAS,Idaho Code § 67- 511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make written commitment concerning the use or development of the subject Property, and 13 WHEREAS, City;has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 4. 7 acres of land with an -15 (Medium High Density Residential);zoning district of the property listed in Exhibit "A''", attached hereto,under the Unified Development which generally describes how the Property will be developed and what improvemeras will be made, and 1.5 WHEREAS, Owner/Developer made'representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be trade;and 1.6 WHEREAS,the record of the proceedings for requested rezoning Yield before Planning and Zoning Commission and the City Council,includes r spomcs of DEvELoPMENT AGREEMENT—DAPHNF SQUARF SuBDivisioN(tl-2020-01 l) PAGE 1 or 8 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 2' day of February, 2021, the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPOER: means and refers to Berkeley Communities, LLC, whose address is PO Box 5927, Boise, ID 83705, hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)ofthe Property. DEVELOPMENT AGREEMENT-DAPHNE SQUARE SuBDmsioN(H-2020-0 10 1) PAGS 2 oP 8 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement_ 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. The rear and/or sides of 2-story structures on Lot 18 of Block i and Lots 2-16 of Block 2 that face N. Black Cat Road and W. McMillan Rd shall incorporate articulation through changes in two or more of the following:modulation (e.g. projections, recesses, step-backs,pop-outs),bays, banding,porches, balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. b. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VM of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained therein. c. If an agreement cannot be reached with the Brody Square Homeowner's Association (HOA)in regard to locating an additional playground amenity within Lot 9,Block 3 of the Brody Square Subdivision and sharing amenities and common open space between the two subdivisions,the applicant shall revise the preliminary plat to convert Lot 1, Block 2 of the Daphne Square Subdivision into common open space. d. Rear setbacks of all homes in Lots 18-29, Block 1 shall be 20'. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEvEMPMENTAGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0 10 1) PAGE 3 of 8 Item#13. 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owners/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waivcd and shall nQitlicr bar any other rights or rcrnedicb orCily nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/DeveIoper shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property, DEVELOPMENT AGREEMENT-DAmNE SQUARE SUBDIVISION(H-2020-01 0 1) PAGE 4 of 8 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12_ CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Berkeley Communities,LLC PO Box 5927 Boise, ID 83705-0927 14.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. 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 attorney's fees as determined by a Court of competent DEVELOPMENT AGREEMENT-DAPHNE SQUARE SUBDIVISION(H-2020-0101) PAGE 5 OF 8 jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall P survive any default,termination or forfeiture of this Agreement. 16. 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 other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinnnve or resobotion of City. 21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT—DAPIINE SQUARE SUBDIVISION(H-2020-0101) PAGE 6 OR 8 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Berkeley Com u 'ties,LLC - M A\ By: Joseph Atall Its: Manager CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-2-2021 Chris Johnson, City Clerk 3-2-2021 STATE OF IDAHO ) ss: County of Ada ) On this_V1# day of fC W(WAt/ 2021,before me,the undersigned,allotary Public in and for said State, personally appeared Joseph Atalla, knovNi or identified to me to be the Manager of Berkeley Communities,LLC identified to me to be the person who signed above and acknowledged to me that he executed the same of behalf of said CorPnrstion_ 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 : �Q"lAf�y N tart'Public for �►. Residing at: MVI(io 1 An r L p pit l�G My Commission Expires: Vco V7- 7V7,`5 DEVELOPMENT AGREEMENT D6" '- W, ° dolt'(H-2020-0101) PAGE 7 OF 8 STAVE OF IDAHO ) : ss County of Ada j On this 2nd day of March ,2021,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,ofthe 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: 3-28-2022 DEVELOPMENT AGREEMENT—DAPHNE SQUARE SUBDIVISION(H-2020-01 0 1) PAGE S OF 8 Page 188 Item#13. EXHIBIT A EXHIBIT ANNEXATI0N AND R-15 ZONINta DESCRIPTION FOR DAPHNE SQUIRE SUBDIVISION A portion of the SVV 114 of theSW114uf Sectlon 27. TAN., R.1VV_, B.M..Ada County, Idaho more Particularly deaorild as follows, BECINNJ G at tha SVV corner of said Section 27 frorn which the VV114 corner of said Section 27 bears North 00°81'08" East, 2637.33 feet thence along the VVest boundary line of said Section 27 North Dl�°01'08" East. 329.50 feet a 2ngle point in the exterior boundary line of Black Cat Estates Subdivision No. 1 as file in Book 29 of Plata at Pages 1798 and 1799, records cf Ada County, Idaho thence along the exterior boundary I6ne of said Black Cat Estates Subdivision No. 1 the following cnume3 and distances- thence leaving said Writ boundary bias South 88°1 T52" East, 660.80 feet; thence Sornh 00'31'W'West,_ 326.04 feet to a paint on the Savth boundary line of said Sectim 27, thence. along said South boundary line North 89°35'62"West, %0_84 feet to the REAL PRINT OF BEGINNING. Containin-j 4.97 S�otes, More or less. EIL 7729 � 1; C, Daphne Square Subdivision H—2020-0101 Page 189 Gm of [k H|§|ƒ A 1/4 S.28T &27 � [ BLACK CAT E T T s ] NO. 1 2 -- @ @ ¢ m » � z 5| iiG m Cc �a m % \ 6591 &( Im / / 4.97 � | � | | _ ,� E mNm� � � S,2181 27 _ W. McWLLAN »33 &34 » AT r 7729 0 25 m 100 20Q 0 £ [ �yEc¥ Daphne Square Subdivision H—2020C101 7�q EXHIBIT B Item#13. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�WE Nty AND DECISION& ORDER In the Matter of the Request for Daphne Square Subdivision,Annexation,Zoning and Preliminary Plat approval of 30 residential lots and 3 common lots on 4.97 acres of land in the R-15 zoning district,by Schultz Development, LLC. Case No(s). H-2020-0101 For the City Council Hearing Date of: January 19, 2021 (Findings on February 2, 2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report f'or the hearing date of January 19, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 19, 2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report f'or the hearing date of January 19, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 19, 2021, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 1.1-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DAPHNE SQUARE SUBDIVISION—FILE# H-2020-0101) - I - Page 191 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 21, 2021,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation,zoning to R-15, and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 21, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101) -2- Page 192 Item#13. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of January 21,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101) -3- Page 193 Item#13. By action of the City Council at its regular meeting held on the 2nd day of February 12021 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT E. SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-2-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101) -4 Page 194 Item#13. EXH I BIT A STAFF REPORT E IDIAY� -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 1/19/2021 Legend DATE: TO: Mayor& City Council let FROM: Alan Tiefenbach M q' 208-489-0573 - - ----- Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2020-0101 1 Daphne Square Subdivision UM LOCATION: 4700 W.McMillian Rd. _ NE corner of N. Black Cat Rd and W. __ _____________ McMillan Rd. 3� I. PROJECT DESCRIPTION Annexation&zoning of 4.97 acres of land with an R-15 zoning district,and preliminary plat consisting of 30 building lots and 3 common lots,by Schultz Development,LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.97 Future Land Use Designation Medium Density Residential 3-8 du/acre Existing Land Use(s) Existing manufactured home Proposed Land Use(s) Single Family Attached and Detached Lots(#and type;bldg./common) 30 single family lots and 3 common lots Phasing Plan(#of phases) One Phase Number of Residential Units(type 30 of units) Density(gross&net) 6 du/acre gross Open Space(acres,total 26,749 sq. ft. (12.36%)qualified open space. [%]/buffer/qualified) Amenities 5,611 sq. ft. common lot with shade structure and benches. Physical Features(waterways, An irrigation lateral runs east to west along McMillian Rd. hazards,flood plain,hillside) Neighborhood meeting date;#of August 25,2020,4 attendees attendees: Page 1 Page 195 Item#13. Description Details Page History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Northern access from N.Eynsford Ave(local road in Hwy/Local)(Existing and Proposed) Brody Square)to N.Black Cat Rd via W.Daphne St,there is also an eastern stub proposed. Traffic Level of Service D Existing Road Network No existing internal roads. Existing Arterial Sidewalks/ Buffer and sidewalk exists on west side of N.Black Cat Buffers Road(part of the Jump Creek Subdivision.) W.McMillan Road—no sidewalks or buffers Proposed Road Improvements Applicant required to construct all internal roads to 33' width. 5'wide detached sidewalks will be constructed along N. Black Cat Rd and W.McMillan Rd. Distance to nearest City Park(+ +/- 1.25 miles,Keith Bird Legacy Park, 1.5 miles,Heroes size) Park Fire Service • Distance to Fire Station 2.4 miles • Fire Response Time 5 minutes • Resource Reliability 86% • Risk Identification 1 • Accessibility Roadway access,radio coverage • Special/resource needs No aerial device necessary • Water Supply 1,000 gpm • Other Resources None needed Police Service • Distance to Police Station 7 miles • Police Response Time >6 minutes • Calls for Service 631 within one mile • %of calls for service split by 40.3%P1,53.2%P2, 1.4%P3 priority • Accessibility Satisfactory. • Specialty/resource needs None necessary. • Crimes 115 • Crashes 40 Page 2 Page 196 Item#13. Ada County Schools • Impacted Schools Pleasant View ES- .7 Miles Star MS—7.7 Miles Meridian HS—4.1 Miles • Capacity of Schools Pleasant View ES-650 Star MS— 1000 Meridian HS—2075 • #of Students Enrolled Pleasant View ES-356 Star MS—701 Meridian HS— 1975 • Estimated New Students Generated by Development Pleasant View ES- 10 Star MS-5 Meridian HS—7 Wastewater • Distance to Sewer Services N/A • Sewer Shed N.Black Cat Trunkshed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.98 • Project Consistent with WW Master Plan/Facility Yes Plan • Impacts/Concerns Additional 543 gpd committed to model Water • Distance to Water Services Directly adjacent • Pressure Zone 1 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns Dead-end water mainline Future Land Use Map Aerial Map r � Legend Legend leiPro}e-i-,t Luca Tion � Pr<e.- _c._ -Wedium Deng' ` Re Sid 1 Y - i. -_ ...lk Use - 6i . — �n#e�rc ange Page 3 Page 197 Item#13. Zoning Map Planned Development Map Legend Legend � Pe ;e Lar R- � ProjtLflco=or C r}y Lirni# R-: I — Planner ParoeL , R- 7 C-C _1 RUT R- R= C- y - R-8 Rom: R-8 IR- MT RUT LRUT � -rt - ---- �.L R- III. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd,Meridian ID 83642 B. Owner: Kristie and Jeffrey Harrison—Box 136,Adams, Oregon, 97810 C. Representative: Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd,Meridian ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 11/27/2020 1/1/2021 Radius notification mailed to properties within 300 feet 11/23/2020 12/29/2020 Nextdoor posting 11/23/2020 12/29/2020 Sign Posting 12/04/20 1/6/2021 V. STAFF ANALYSIS This proposal includes annexing 4.97 acres of land,zoning to R-15, and platting 30 building lots and 3 common lots. The majority of the housing is proposed to be single family attached with several additional single family detached homes. Page 4 Page 198 Item#13. A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre.Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and not on the periphery of corporate city limits; existing City of Meridian zoning and development is directly adjacent to the west, north and nearby to the east. The property is directly adjacent and south of the Brody Square Subdivision, of which the final plat was approved by City Council on December 15, 2020. The proposed land use of single family residential is consistent with the recommended uses in the FLUM designation, however the proposed density of 6 du/acre is on the higher end of the recommended density range. Accordingly, staff has conveyed to the applicant that if this higher density is proposed, the project should incorporate quality open space and amenities. This is discussed in the open space section later in this staff report. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): (Staff analysis is in italics after the cited policy) • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) This proposal includes single family attached and several single-family detached homes.As this project is within an area surrounded by primarily single family detached homes, it will contribute to the variety of housing type. • Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. (2.01.01G) As mentioned above, this proposal would allow for a more diverse type of housing. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). The proposed plat depicts 5'sidewalks on both sides of all local roads. A 5'detached sidewalk runs along Black Cat Rd. and connects to a sidewalk of the same width at the Brody Square Subdivision to the north, and there is a 5'detached sidewalk along W. McMillian which is the same width as the pathway along W. McMillan Ave provided by the Oakwinds Page 5 Page 199 Item#13. and Oaks Subdivisions to the west. The sidewalks will result in both external and internal multi-modal connectivity. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available along Black Cat Road and can be extended by the developer with development in accord with UDC 11-3A-21. • Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities. (3.03.03G) The applicant will dedicate right-of-way for future widening of N. Black Cat Rd. and W. McMillian Rd, will construct all internal roadways, and will construct detached sidewalks of S'in width. Curb and gutter is not being constructed along N. Black Cat Rd or W. McMillian Rd at this time due to the future plans for ACHD to widen both these roads. Water and sewer will be provided by 8-inch mains constructed in 2021 in the stub street from the Brody Square subdivision to the north. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Detached sidewalks are proposed on both side of all internal streets. Sidewalks will be completed to the terminus of the stub street to the east and the border of the property to the north (to Brody Square) which would connect to any future development.A 5'detached sidewalk is proposed along the length of the development paralleling Black Cat Road and a S'detached sidewalk is proposed along W. McMillian Rd. "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.0213). Two points of access are proposed, both from local streets. There will be a northern access via N. Brody Ave. which will connect to W. Daphne St in the Brody Square Subdivision and to N. Black Cat Rd. or W. McMillian Rd. An eastern stub is proposed to provide access if the properties to the east are development(presently in unincorporated Ada County). D. Existing Structures/Site Improvements: There is an existing mobile home on the property which will be removed. E. Proposed Use Analysis: The applicant proposes single-family attached and detached homes,which are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. F. Dimensional Standards(UDC I1-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. All lots meet the minimum 2,000 sq. ft.requirements, and future structures should comply with the minimum setbacks of the district. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in block length to 1000 feet if a pedestrian connection is provided. Page 6 Page 200 Item#13. W. Riva Capri Ct. (the internal road)is approximately 575 feet in length. This exceeds the maximum of 500' for dead end streets. However,UDC 11-6C-3-B-4 allows the City Council to approve dead-end streets up to 750' in length where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. A pedestrian connection is provided from the end of the cul-de-sac to the sidewalk along W.McMillian Rd. G. Access(UDC 11-3A-3, Two accesses are proposed for this property. The first is a 33' wide internal street which will connect to the Brody Square Subdivision to the north. The second is a stub street to the undeveloped property to the east(presently in unincorporated Ada County). Only one street will serve the internal development—W. Riva Capri Ct-which ends in a cul-de-sac. N. Black Cat Road, an arterial road, is presently improved with two travel lanes and transitions to three travel lanes at the site's north property line. There is no curb, gutter or sidewalk on the east side along the subject property although it is improved with detached sidewalk on the west. The applicant proposes to dedicate right-of-way,widen the pavement, and construct a 5-foot detached sidewalk that will connect to one of the same width at the Brody Square Subdivision to the north. W. McMillian Rd. an arterial road,is improved with 2 travel lanes and no curb,cutter or sidewalk. A roundabout is planned for the McMillan/Black Cat intersection. The applicant proposes to dedicate right-of-way,widen the pavement and construct a 5-foot detached sidewalk. ACHD reviewed this proposal and in a staff report dated November 13, 2020 stated the project is anticipated to generate approximately 210 additional trips per day and supports the project as proposed. Meridian Fire has responded the project meets all required access,road widths and turnarounds. Common Driveways(UDC 11-6C-3):No common driveways are proposed with this development. H. Parking(UDC HI-3C): Off-street parking is required to be provided for single-family attached based on the number of bedrooms per unit(i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad)in accord with the standards listed in UDC Table 11-3C-6.All elevations show at least two car garages, and the landscape plan shows parking pads of least 20' x 20'in front of the single family attached. The applicant has provided a parking exhibit. The parking plan provides a 33' local street section which allows for additional on-street parking of up to 30 on-street spaces. This on-street parking does not count toward meeting minimum requirements. ACHD and Meridian Fire have both reviewed the plan and have not expressed concerns. I. Pathways ( UDC 11-3A-8): The development proposes one 5' micro-pathway connecting the cul-de-sac to the common open space in Lot 17,Block 2. However,because it is proposed within the common open space it would still count as useable open space. The micro-pathway does appear to meet the tree requirement of at least 100 tree per hundred linear feet as required by UDC 11-3B-12. J. Sidewalks(UDC I1-3A-17): Detached sidewalks are proposed throughout the development on both sides of all roads and meet the minimum 5' width of UDC 11-3A-17. Page 7 Page 201 Item#13. K. Parkways (UDC 11-3A-1 : Parkways are shown on the landscape plan adjacent to the detached pathways along the N. Black Cat Rd. and W. McMillian Rd. frontages as well as along internal sidewalks. The parkways exceed the minimum requirement of 8' in width and are landscaped with turf. L. Landscaping(UDC 11-3B): The landscape plan reflects 26,749 sq. ft. of open space (12.36%).This includes 25' wide arterial buffers, 8-foot parkways on the internal streets, a 5,611 square foot common lot, and 6,844 sq. ft. stormwater facility.As required by UDC 11-3B-5-3, when more than 50 trees are required,there shall be at least 5 species of trees. 8 species of trees are proposed. The landscape plan indicates 5 trees totaling 68 inches will be removed which require mitigation. 34 trees at 2"caliper will be planted equaling 68 inches. M. Qualified Open Space (UDC 11-3G): The applicant provided an open space exhibit as well as open space calculations on the landscape plan. The landscape plan reflects 12.36% of qualified open space. This includes several linear open spaces of at least twenty feet(20') and longer than fifty feet(50')with accesses at both ends and landscaped at as required per UDC 11-3G-3-E. A 5,611 sq. ft. landscaped common lot is also proposed. Staff is not confident this project actually proposes 12.36%of qualified open space. The Open Space Exhibit indicates the entire parkways along the internal sidewalks being credited,but driveways cannot be included in this total. Also,only%of the required arterial buffers can be counted, and the applicant is counting both %2 of the buffers and the parkways within these required buffers as qualified open space. Finally, a round-about is proposed at the N. Black Cat Rd/W. McMillian Rd intersection, and the landscape plan suggests the open space is being counted prior to the round-about construction. It is possible some of the landscaping as shown will be removed with the road project. UDC 11-3G-1 requires at least 10% of qualified common open space and site amenities when a development is more than 5 acres in size. This property is less than 5 acres and therefore would not be required to meet UDC 11-3G-1. However, at a July 20,2020 Pre-Application meeting, staff informed the applicant that in order for staff to support the density as proposed,the development should include high-quality and useable amenities as part of project. The development as proposed includes a 5,611 common open space which contains a sitting area and benches located directly on an arterial intersection, and a 6,844 sq. ft. stormwater facility. It is staff s opinion this development does not include quality useable open space or amenities. Staff recommends that prior to City Council meeting,the plat and landscape plan be revised to merge Lots 28 and 29 of Block 1 into Lot 30,Block 1 and provide a quality amenity and useable open space. N. Qualified Site Amenities (UDC 11-3G) As mentioned above,the proposal includes a 5,611 sq. ft. common lot with a shade structure and benches located directly on an arterial intersection. Although the UDC does not require common open space or amenities for developments of less than 5 acres,the applicant is requesting the City annex this property(there are presently no City entitlements) at a density at the high end of the density range recommendations. Staff has informed the applicant that if a higher density is proposed, quality open space and amenities should be provided. Staff does not believe this development includes high quality or useable open space or amenities that justifies higher density. Page 8 Page 202 Item#13. O. Waterways(UDC 11-3A-ft The applicant has mentioned an irrigation lateral runs along the southern property line, adjacent to SW.McMillian Ave. The applicant shall comply with the provisions for irrigation ditches, laterals,canals and/or drainage courses, as set forth in UDC 11-3A-6. P. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 6-foot tall solid vinyl fence is proposed along the periphery of the property and along the rear lot line of all single-family units. At least one side of all common open spaces does not have any fencing. If fencing is proposed, all fencing abutting pathways and common open space lots not entirely visible from a public street shall be open style of up to six feet(6) in height or closed vision fencing not exceeding four feet(4') in height as required by UDC 11-3A-7. Q. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Water and sewer will be provided by fl- inch mains constructed in 2021 in the stub street from the Brody Square subdivision to the north. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevation renderings were submitted for the future detached and attached homes within the development.All housing types are proposed at two story,with clapboard or lap siding, dormers and gabled roofs. Overall,the elevations proposed are satisfactory but do not include elevations of the sides or rears of structures. As many of the houses will be very visible from N. Black Cat Rd. and W. McMillan Rd. staff recommends a condition that the rear and/or sides of 2-story structures on Lot 18 of Block 1 and Lots 2-16 of Block 2 that face N. Black Cat Road and W. McMillan Rd. incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. Also,Per UDC 11-513-8, administrative design review will be required for all new attached residential structures containing two (2) or more dwelling units. VI. DECISION A. Staff: Staff recommends approval of the requested annexation,zoning to R-15 and preliminary plat for this property with the conditions noted in Section VII.per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on December 17,2020. At the public hearing,the Commission moved to approve the subject annexation and preliminaa plat request. 1. Summary of the Commission public hearing_ a. In favor: Matt Schultz, b. In opposition:None C. Commenting: Matt Schultz d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons Page 9 Page 203 Item#13. 2. Key issue(s)of public testimony a. Representative of the Beach Lateral Water Users Association commented the ditch along W. McMillian was an important source of irrigation and wanted to ensure there was no interruption or impact on services. b. Property owner east of the site at 4520 W.McMillan Ave commented their property shares a property line with much of the subject property actively graze livestock and wanted to make sure there was a fence or other barrier preventing impacts to their livestock. 3. Key issue(s)of discussion by Commission: a. Discussed whether enough open space was being provided for this project. b. Discussed the future round-about and how much landscaping would be lost. c. Discussed how the retention pond would be constructed and whether it would be a legitimate open space area. d. Discussed whether internal sidewalks could be extended to connect to N. Black Cat Rd. e. Discussed how the lot lines of Lots 18-29 Block 1 did not line LIP with the lots of the adjacent BrodySquare Subdivision to the north and whether abetter transition could be provided. f. Discussed whether additional open space could be provided by using Lot 1,Block 2 as open space verses a building lot. g_ Discussed whether additional open space could be provided to all lots by converting the detached sidewalks to attached with no parkways and increasing rear setbacks to 20' versus 12'. 4. Commission change(s)to Staff recommendation: a. Align Lots 18-29,Block 1 with adjacent northern lots in Brody Square Subdivision to provide better transition. b. Applicant shall increase quality pen space and amenities by one or both options: 1. Work with Brody Square representatives to locate a playground amenity, in the central park in Lot 9,Block 3 and allow shared open space and amenities for residents of both subdivisions. 2. Convert Lot 1,Block 2 of Daphne Square Subdivision into common open space. C. Detached sidewalks shall be converted to attached sidewalks with parkways eliminated along internal roads and rear setbacks of all building lots shall be increased from 12' to 20'. C. The Meridian City Council heard these items on January 19, 2021. At the public hearing the Council approved the subject annexation,zoning and preliminary plat request. 1. Summary of the City Council public hearing a. In favor: Matt Schultz b. h opposition:None C. Commenting: Matt Schultz d. Written testimony:None e. Staff presenting application: Alan Tiefenbach £ Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. Removed Planning Commission recommendation to align Lots 18-29.Block 1 with adjacent northern lots in Brody Square Subdivision to provide better transition. Page 10 Page 204 Item#13. EXHIBITS A. Revised Preliminary Plat(date: 1/11/2021) Updated since Planning Commission—moved detention pond adjacent to cul-de-sac open space, reflected open space configuration after construction of round-about, converted all sidewalks from detached to attached, reduced three lots on east side of N.Brody Ave from 3 lots to two lots. a r Itit ' ry J IT c7L �w G)l I I T-M I IC � 1 s— ---- _ - a—• _ r cllwc PLIFG G•4.. .X• .Ic ,...ME Ts. F1- •. Gi�E •i- T F Q. Ji- Page I I Page 205 Item#13. B. Revised Landscape Plan (date:1/7/2021) Ll N P t ... ....... Nl;': �_A 175p- 115� I 1 -1 C. Revised Color Landscape Plan (date: 1/8/2021) 1� 17 1 h II RIVA CAPRI STRFFT I I I W.MCMILLAN ROAD------- Page 12 Item#13. D. Revised Qualified Open Space Exhibit(date: 1/7/2021) CITY OF MERIDIAN SINGLE FAMILY (R-1 :5) OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE kW OPBa SPACE R801RED Tc=M' "'"' RL6dl�i PRCMDM, R`U`O OMIL',d`+�ak'? ��#� y fa9(�At3 IW41 091,bC4 f3m A� IC6h WAk LANDSCAPE LEGEND .r1�Urfa ter. I � � 1 I 1 I I I 1 I J I I I I I I r dy i f� KIVA LAPRI STREET I FT I FFJ 1 r I � I I 1 I I # I I I r I I I I I 1 A:4'TERKL BUF=ER- J 1 Page 13 Page 207 Item#13. E. Daphne Square/Brody Square Amenity Exhibit Demonstrating Option One and Option Two as recommended by Planning Commission. (date 1/10/2021) i ■ i -- ■ i ■ ■ r ■ y ■ i i ■ i ■ ■ P � ■ OPTION 1 ! i ■ i ■ ■ � a IN ■ ■ � A !�i I■*I I milli ■I* I■ I ■-I■�l*■ ■ ■m No,; ■ I I ■ ■ [:lI-CIE OPTION 2 �,I dL'I'•.rIFF j t ■ I %d c V I i L.A\1 himmIumImml molmmimmimmim MIN MIN MIN MIN MIN MIN MIN a, 5 Page 14 Page 208 Item#13. F. Parking Exhibit(date: 10/5/2020) 25' 35' 30' 30' 30' 30' 30' 30' 30' 30' 30' 30' 30' F 9' 115, 8' PARK STRIPS AND PARKING M � t 07 PARKING, 30' 30' 30' 3 ' 3 30' 3fl' 30' 30' 3fl' 3fl' 30' 30' 3fl' 35' BERM a McMILLAN DAPHNE SQUARE 30 ON—STREET PARKING SPACES G. Building Elevations(date: Sept 28,2020) Page 15 Page 209 Item#13. H. Annexation Exhibit(date: 10/7/2020) EXHIBIT_ ANNEXATION AND R-115 ZONING DESCRIPTION FOR DAPHNE SQUARE SUBDIVISION A portion of the SVV 114 of the SW 114 of EeGtion 27, T_;4N., R.1W.: B.M.,Aida County, Idaho more parficuterly described as follows, BEGINNING at the SW comer of said Section 27 frorn which the 3N1/4 comer of saved Section 27 bears. North OD'31'08' East, 2637.33 feet fence along the VVest boundary line of said Bectinn 27 North W"31'06" East, 329.50 feet a angle poird in the eAerior boundary lire of 61ack Cat Estates Subdivision No- 1 as file in Book 29 of Plats at Pages 1799 and 179O, records of Ada County, I-daho; thence along the exterior boundary line of said Black Cat Estates Subdivision No. 7 the following coursed and distances- thence lea-ring 3eid VVo8t boundary Ire South 89°'1752" East, 6�0.80 feet, thence South 00'31'08" W&st. 326.04 Feet tc a point on the South boundary line of said Section 27 thence aloTig said South boundary line North 89°35'52"West, .81] feet to the REAL POINT OF BEGINNING. Containing 4.97 acres, more or less. A 'l 7729 Page 16 Page 210 Item#13. 1/4 S.2' S.27 I BLACK CAT ESTATES SUB ND_ 1 -� 8917'u2"E 660.80` J w � r uC15 m LO tfl wa 216591 s.f. yap Im c c � m � BEGINh�II��G f ,2 8 S.27 W. McMILLAN RD. SCALE: a 7 729 w Page 17 Page 211 Item#13. VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. The rear and/or sides of 2-story structures on Lot 18 of Block 1 and Lots 2-16 of Block 2 that face N. Black Cat Road and W. McMillan Rd shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. b. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VIII and the provisions contained herein. c. If an agreement cannot be reached with the Brody Square Homeowner's Association(HOA)in regard to locating an additional playground amenity within Lot 9,Block 3 of the Brody Square Subdivision and sharing amenities and common open space between the two subdivisions,the applicant shall revise the preliminary plat to convert Lot 1,Block 2 of the Daphne Square Subdivision into common open space. d. Rear setbacks of all homes in Lots 18-29,Block 1 shall be 20'. 2. Pr4EW tO the City GOUfleil MeetiHg,the plat and!andseape plan shall be revised to merge Lots 28 and 29 of Bleek 1 k4e Lot 30,Bleek 1 and provide a quality amenity a-ad useable open 3. Appliennt shall alien lots 18 29,Bloek I with adiaeent northern lots in Brody Squar-e, 4. Detached sidewalks shall be converted to attached sidewalks with parkways eliminated along internal roads and rear setbacks of Lots 18-29,Block 1 shall be increased from 12'to 20'. 5. Pr4of to the City Getmeil meeting,the pla4 and landseape plan shall be revised to fefleet the 6. Administrative design review will be required for all new attached residential structures containing two (2)or more dwelling units. 7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Page 18 Page 212 Item#13. 8. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 9. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-313-13. 10. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 11. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,blocks, street buffers, and mailbox placement. 12. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 13. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-613-7. 14. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. The water main ending at the cul-de-sac should connect to the existing mainline in Black Cat Road to avoid dead-end main and to provide a dual connection. 2. The geotechnical investigative report for this development,prepared by ATLAS Materials Testing & Inspection, dated 08/17/2020 indicates some very specific construction considerations, such as ensuring that the bottom of crawl spaces must be elevated at least 2-feet above seasonal groundwater elevation,and the installation of foundation drains. Foundation drains are not allowed to discharge into the sanitary sewer, or the sanitary sewer/water service line trench. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 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. 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. 3. 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. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the Page 19 Page 213 Item#13. applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Page 20 Page 214 Item#13. 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. 19. 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. 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. 24. 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. C. COMMUNITY DEVELOPMENT (SCHOOLS ANALYSIS) https://weblink.meridianciU.ory/WebLink/Doc View.aspx?id=216458&dbid=0&repo=Meridian C hty D. ACHD https://weblink.meridianciU.ory/WebLink/Doc View.aspx?id=216805&dbid=0&repo=Meridian C Lty D. MERIDIAN POLICE DEPARTMENT https://weblink.meridiancit�org/WebLink/Doc View.asp x?id=216307&dbid=0&repo=MeridianC ky Page 21 Page 215 Item#13. E. MERIDIAN FIRE DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=215774&dbid=0&repo=MeridianC ky F. ADA COUNTY https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=215849&dbid=0&repo=MeridianC ky G. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=216378&dbid=0&repo=Meridian C ky H. SETTLERS IRRIGATION https://weblink.meridiancity.org/WebLink/DocView.aspx?id=216404&dbid=0&repo=MeridianCi ty Page 22 Page 216 Item#13. VIII. FINDINGS A.Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds annexation of the subject site with an R-I5 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section VII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Council considered any oral or written testimony that was provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B.Preliminary Plat(UDC 11-611-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section M. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 23 Page 217 Item#13. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 24 Page 218 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approval of AIA B133 Agreement for the Police Department Administration Tenant Improvement with CSHQA Architects for the Not-To-Exceed amount of$100,000.00 Page 219 Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 2/18/2021 Presenter: N/A Estimated Time: N/A Topic: Approval of AIA B133 Agreement for the PD Admin Tenant Improvement with CSHQA Architects for the Not-To-Exceed amount of$100,000.00. Recommended Council Action: Approval of AIA B133 design Agreement for the PD Admin Tenant Improvement to CSHQA Architects for the Not-To-Exceed amount of$100,000.00. Background: After consulting with Legal, it was decided that this procurement would be completed as an associated project with the Scenario Village RFQ# PD-1810-10892 awarded on 9/14/2018. Page 220 Item#14. AIA Document B133" - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the 8th day of February in the year 2021 (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Meridian,and Idaho Municipal Corporation AIA standard form.An Additions and c/o Meridian Finance Department Deletions Report that notes added 33 E.Broadway Avenue information as well as revisions to the Meridian,Idaho 86342 standard form text is available from the author and should be reviewed.A vertical line in the left margin of this and the Architect: document indicates where the author (Name, legal status, address, and other information) has added necessary information and where the author has added to or CSHQA Architects deleted from the original AIA text. 200 Broad Street This document has important legal Boise,Idaho 83702 consequences.Consultation with an John Maulin,AIA attorney is encouraged with respect to its completion or modification. for the following Project: This document is intended to be used (Name, location, and detailed description) in conjunction with AIA Documents A201-2017TM",General Conditions of Meridian Police Department Headquarters Tenant Improvement the Contract for Construction; 1401 E Watertower St A133-2019TM" Standard Form of Meridian,Idaho 83642 Agreement Between Owner and CSHQA Project No.21001.0000 Construction Manager as Constructor where the basis of The Construction Manager(if known): payment is the Cost of the Work Plus (Name, legal status, address, and other information) a Fee with a Guaranteed Maximum Price;and All 34-2019TM Standard Kreizenbeck Constructors Form of Agreement Between Owner 11724 West Executive Drive and Construction Manager as Boise,Idaho 83713 Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed The Owner and Architect agree as follows. Maximum Price.AIA Document A201 T/-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document 6133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 221 User Notes: (1263 Item#14. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) As noted in Letter of Proposal revised January 27,2021 and attached hereto as Exhibit A. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics,such as size;location; dimensions;geotechnical reports;site boundaries; topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site, etc.) As stated in Exhibit A. § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown) To Be Determined. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: As stated in Exhibit A .2 Construction commencement date: As stated in Exhibit A Init. AIA Document B133T"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 222 User Notes: (1263 Item#14. .3 Substantial Completion date or dates: To be determined .4 Other milestone dates: As stated in Exhibit A § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type) [X] AIA Document A133-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. [ ] AIA Document A134-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price. § 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,or phased construction are set forth below: (List number and type of bid/procurement packages) None identified at this time. § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) None. § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA Document E234TM-2019, Sustainable Projects Exhibit,Construction Manager as Constructor Edition,into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is incorporated into this Agreement,the Owner and Architect shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information) Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 sredman@meridiancity.org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 223 User Notes: (1263 Item#14. Not applicable. § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Construction Manager: (The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention.If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) Kreizenbeck Constructor) 11724 W.Executive Dr. Boise,ID 83713 208-336-9500 .2 Land Surveyor: .3 Geotechnical Engineer: .4 Civil Engineer: .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) None identified at this time. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: Dave Davies,AIA Sr.Project Manager CSHQA,Inc. 200 W Broad St Boise,Idaho 83702 Dave.davies@cshqa.com (208)343-4635 § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: See Exhibit A .2 Mechanical Engineer: Init. AIA Document I3133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 224 User Notes: (1263 Item#14. See Exhibit A .3 Electrical Engineer: See Exhibit A § 1.1.12.2 Consultants retained under Supplemental Services: § 1.1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203Tw-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202TM-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 225 User Notes: (1263 Item#14. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Intentionally Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than Five Million Dollars($5,000,000.00)per claim and Five Million Dollars ($5,000,000.00)in the aggregate. § 2.6.7 Additional Insured Obligations.The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager, and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by Init. AIA Document 6133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 226 User Notes: (1263 Item#14. the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. § 3.1.9 Concept Design and Entitlement Support Services as noted in Exhibit A §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT INCLUDED IN CONTRACT OR FEE § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager, and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 227 User Notes: (1263 Item#14. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Init. AIA Document 13133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 228 User Notes: (1263 Item#14. Documents for the Construction Manager's review and the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data, Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201Tw-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify AIA Document A201-2017,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 229 User Notes: (1263 Item#14. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents,subject to written approval of the Owner. § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified. The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 230 User Notes: (1263 Item#14. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 Subject to Owner's approval,the Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 231 User Notes: (1263 Item#14. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Architect per Exhibit A 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Not Provided 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Not Provided 4.1.1.10 Landscape design Not Provided 4.1.1.11 Architectural interior design Architect per Exhibit A 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided 4.1.1.22 Telecommunications/data design Architect per Exhibit A 4.1.1.23 Security evaluation and planning Not Provided 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided § 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided 4.1.1.30 Entitlements Architect per Exhibit A Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 232 User Notes: (1263 Item#14. § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided in Exhibit A. (Paragraph deleted) Telecommunication Design to consist of rough-in design only.All other aspects of design and equipment selection by Owner's Vendor.Entitlements to consist of Building Permit form Authorities Having Jurisdiction(AHJs). § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Paragraphs deleted) None § 4.1.3 Intentionally Deleted. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications,or other documents(as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes,or equipment; .3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,a public presentation,meeting or hearing; .9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .11 Assistance to the Initial Decision Maker,if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 Services necessitated by the Owner's delay in engaging the Construction Manager; Init. AIA Document 13133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 233 User Notes: (1263 Item#14. .14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;and .15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 (Paragraphs deleted) Intentionally Deleted. § 4.2.3 Intentionally Deleted. .1 (Paragraphs deleted) § 4.2.4 Intentionally Deleted § 4.2.5 Subject to Owner's prior written approval,if the services covered by this Agreement have not been completed within the timeline set forth in Exhibit A,through no fault of the Architect,extension of the Architect's services beyond that time may be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1; (2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,and legal limitations for the site of the Project. The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;adjacent drainage;rights-of-way,restrictions,easements,encroachments, zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and Init. AIA Document 6133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 234 User Notes: (1263 Item#14. resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234T'4--2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. § 5.17 Owner to provide to the Architect complete As-Built documentation of the existing facility upon which the Architect may rely on. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 235 User Notes: (1263 Item#14. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner may .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5;.3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. (Paragraph deleted) § 6.7intentionally Deleted ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. Init. AIA Document 6133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 236 User Notes: (1263 Item#14. The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction. The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors, consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. Init. AIA Document 13133TI—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 237 User Notes: (1263 Item#14. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) § 8.3 Intentionally Deleted ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Intentionally Deleted § 9.8 Intentionally Deleted Init. AIA Document I3133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 238 User Notes: (1263 Item#14. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement Init. AIA Document 6133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 239 User Notes: (1263 Item#14. shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Paragraphs deleted) As noted in Exhibit A § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.If necessary, list specific services to which particular methods of compensation apply) None. § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: (Paragraphs deleted) To be negotiated prior to the performance of Additional Services. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows:Not Applicable. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows:As Set forth in Exhibit A Schematic Design Phase percent ( %) Design Development Phase percent ( %) Construction Documents Phase percent ( %) Construction Phase percent ( %) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as constructor project delivery method,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. Init. AIA Document 6133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 240 User Notes: (1263 Item#14. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) Not Applicable § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Deleted. .2 Long distance services,dedicated data and communication services,teleconferences,Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Deleted .7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested by the Owner or required for the Project; .8 Deleted .9 All taxes levied on professional services and on reimbursable expenses; .10 .11 Deleted .12 Deleted. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Zero percent(0%)of the expenses incurred. § 11.9 Deleted § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero dollars($0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 Deleted § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable net 30 from the Owner're receipt of a correct invoice. (Insert rate of monthly or annual interest agreed upon) Zero percentage(%0) § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Init. AIA Document B133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 2. 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 241 User Notes: (1263 Item#14. (Include other terms and conditions applicable to this Agreement) None. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B I33Tw-2019, Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) .3 Exhibits: Exhibit A,Proposal Letter revised January 27,2021 This Agreement entered into as of the day and year first written above. John D.MauI'n Executive Vice dent Electronic Signatur CSHQA,Inc. 2021.02.0917:06:33-0 00. OWNER(Signature) 3-2-2021 ARCHITECT(Signature) Robert E. Simison,Mayor John D.Maulin,Executive Vice President (Printed name and title) (Printed name, title, and license number, if required) Init. AIA Document 13133'"—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 242 User Notes: (1263 Item#14. Additions and Deletions Report for AIA®Document 8133" - 2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:37:01 ET on 02/08/2021. PAGE 1 AGREEMENT made as of the day of February in the year 2021 City of Meridian,and Idaho Municipal Corporation c/o Meridian Finance Department 33 E.Broadway Avenue Meridian,Idaho 86342 CSHQA Architects 200 Broad Street Boise,Idaho 83702 John Maulin,Al Meridian Police Department Headquarters Tenant Improvement 1401 E Watertower St Meridian,Idaho 83642 CSHQA Project No.21001.0000 Kreizenbeck Constructors 11724 West Executive Drive Boise,Idaho 83713 PAGE 2 As noted in Letter of Proposal revised January 27,2021 and attached hereto as Exhibit A. As stated in Exhibit A. To Be Determined. Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 243 copyright@aia.org. User Notes: (1263 Item#14. As stated in Exhibit A As stated in Exhibit A PAGE 3 To be determined As stated in Exhibit A [X] AIA Document A133-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. None identified at this time. None. Stacy Redman Facilities Project Manager City of Meridian,Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 sredman@meridiancity.org (Office Phone)208-489-0374 (Cell Phone)208-985-4234 (Fax)208-898-9551 PAGE 4 Not applicable. Kreizenbeck Constructors 11724 W.Executive Dr. .2 Land c,,,.,,eyor-:Boise,ID 83713 208-336-9500 .2 Land Surveyor: None identified at this time. Additions and Deletions Report for AIA Document 13133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 244 copyright@aia.org. User Notes: (1263 Item#14. Dave Davies,AIA Sr.Project Manager CSHQA,Inc. 200 W Broad St Boise,Idaho 83702 Dave.davies(&cshga.com (208)343-4635 See Exhibit A PAGE 5 See Exhibit A See Exhibit A § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's eampe.sa4i.r The Owner shail adjust the Owner's budget for the Cost of the WeEk and the Owner's afAieipa4ed design and eanstfuetion milestenes,as to aeeemmeda*fnater-ial,a...nges i the initial inn ..,,.atio,,.compensation PAGE 6 § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars($2,000,000.00.)for each occurrence and Two Million Dollars($2,000,000.00.) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than( }One Million Dollars($1,000,000.00)per accident for bodily injury,death of any person, and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.5 ,and (S policy litnit.Intentionally Deleted. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than per claim and ($Five Million Dollars($5,000,000.00)per claim and Five Million Dollars($5,000,000.00)_in the aggregate. § 2.6.7 Additional Insured Obligations. The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional ' .insured. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. PAGE 7 4 3.1.9 Concept Design and Entitlement Support Services as noted in Exhibit A Additions and Deletions Report for AIA Document 13133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 245 copyright@aia.org. User Notes: (1263 Item#14. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate-NOT INCLUDED IN CONTRACT OR FEE PAGE 10 § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager, shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Deeent&.Documents,subject to written approval of the Owner. PAGE 11 § 3.6.5.1 Tw-Subject to Owner's approval,the Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 12 Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 246 copyright@aia.org. User Notes: (1263 Item#14. 4.1.1.1 Assistance with Selection of Construction Manager Not Provided 4.1.1.2 Programming Architect per Exhibit A 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Not Provided 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post Not Provided construction use 4.1.1.9 Civil engineering Not Provided 4.1.1.10 Landscape design Not Provided 4.1.1.11 Architectural interior design Architect per Exhibit A 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Not Provided 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided 4.1.1.22 Telecommunications/data design Architect per Exhibit A 4.1.1.23 Security evaluation and planning Not Provided 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided 4.1.1.30 Entitlements Architect per Exhibit A PAGE 13 § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided belew.in Exhibit A. Telecommunication Design to consist of rough-in design only.All other aspects of design and equipment selection by Owner's Vendor.Entitlements to consist of Building Permit form Authorities Having Jurisdiction(AHJs). § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. the-e None Additions and Deletions Report for AIA Document 13133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 247 copyright@aia.org. User Notes: (1263 Item#14. § 4.1.3 ,the Arehitect shall provide, Exhibit, Genstnaetion Manager-as Geastpaeter-Edition,a#aehed to this Agfeemen4.The Owner-shall eeffipensa4e the Ar-ehit as :ded it Seetie ".''.Intentionally Deleted. PAGE 14 § 4.2.2 To avoid delay in the Genstmetion Phase,the Afehiteet shall pfevide the fellewing Additional Selwiees,notify the Owner-with reasonable pFomptaess,a-ad explain the faets a-ad eirewnstanees giving Fise to the need.if,upe reeeipt of the Arehiteet's notiee,the Owner-determines that all or parts of the serviees are not required,the Owner sh give prompt written notiee to the Architeet of the Owner's determination.The Owner shall compensate the Arehiteet for the servioes provided priort the A,.ehiteet's reeeipt of the Owner's notice: .1 Reviewing a Construction Manager's sil mittal out of sequence from the submittal sehedule approv by the Arehitec+, .2 Responding to the Gonstmetion Manager's requests for information that are not prepared in accor-dallee with the Gon4r-aet Deethments er-where stieh infofma4iea is a-vailable to the Genstpaefieft Manager-from a ear-eful study and eoWarisen of the Gentfaet Doeuments,field eenditions,other-Owner-provide d, o tat n; data, or-the pfepafatiefi of revision of lnstpamefAs of Vie; 4 Evaluating an ex4ensive P2 er-of Claims as the initial Deeisienaker- alua4iag substitutions proposed by the Owner-or-Caas4uefien Manager-and making s4sequen4 revisions Intentionally Deleted. § 4.2.3 The Arehiteet shall provide Constmetion Phase Ser-viees exeeeding the lifnits set feAh below as Additiena4 Ser-viees.When the lifnits below afe r-eaeked,the Arehiteet shall notify the :Intentionally Deleted. .1 ( )r-eviews of eaeh Shop Dr-awing,Pr-eduet Da4a item,sample and similar submiftals of the _ ( )visits to the site by the Ar-Ehitest dufing seastuetie t .4 ( )-inspeetiens or any pei4iefi of the Wer-k to dete e final eempletien § 4.2.4 Rxeept for-ser-viees required tmder-Seetien 3.6.6.5 and these sen,iees tha4 do fiat exeeed the lifnits set f0i4h i Seetion 4.2.3,Ceas4uetiea Phase SeFviees provided more than 60 days after-(1)the da4e of Substantial Completion o the IAIME or-(2)the initial da4e of S4stantial Completion identified in the agreement between the Owner-and additional eost; providing these Const. etion Phase So,- eesAntentionally Deleted § 4.2.5 Subject to Owner's prior written approval,if the services covered by this Agreement have not been completed within( )men-ths of the date of this Agree wat,the timeline set forth in Exhibit A,through no fault of the Architect,extension of the Architect's services beyond that time slial4-may be compensated as Additional Services. § 5.5 The Owner shall furnish surveys to describe physical characteristics, site of the Prejeet and. written legal dos,.Fiptia of the site and legal limitations for the site of the Project.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;adjacent drainage;rights-of-way,restrictions,easements, encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. PAGE 15 Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 248 copyright@aia.org. User Notes: (1263 Item#14. § 5.17 Owner to provide to the Architect complete As-Built documentation of the existingfacility Lipon which the Architect may rel. PAGE 16 § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner sl+agmay .2 terminate in accordance with Section .3 9.5;.3 in consultation with the Architect and Construction Manager,revise the Project program, scope,or quality as required to reduce the Cost of the Work;or § 6.7 After-iaeeFper-atien of medifieations tmder-Seetion 6.6,the Arehiteet shall,as an Additional Sen4ee,make any stibsequent oest estimates,the Guar-anteed Maximum PFiee pfopesal,or-Centfel Estimate that eiceeed the OW-HeF's budget for the Cost of the Work,exeept when the exeess is due to ehanges initiated by the AFehiteet in seope,basie .stems r the kinds an,l quality of materials,finishes o ent 6.7intentionally Deleted PAGE 18 [X] Litigation in a court of competent jurisdiction §-8 3—Arbitration elaim,dispute oF otheF fnatter-in question ar-ising eat of eF related to this AgFeement subj eet to,but not Feselved§ 8.3.1 ifthe pw4ies have seleeted ar-bitfation as the methed for-binding dispiite r-eselu4ian in this Agreement,a*y mediation shall be subjeet to arbitration,whieh,anless the parties mutually agree other-wise,shall be administer-e4-by the American Arbitration Asseeiation in accordance with its Construction industfy AAitration Rules in effeet on date of this Agreemen4.A demand for arbitration shall be,m-ad—e-,ifl ivritiffig,delivered to the other party to this Agreement,and filedwitl,the per-son entity administering the arbitration. mediation,§ 8.3.1.1 A demand for arbitfatieft shall be made no earlier than coneurrently with the filing efa r-e"est for- but in no event shall it be made after-the"e when the institution of legal or-e"Aable , ,sed on the elaim-, disptAe or-other-fna#er-in"estion would be bafred by the appheable Aattite of limit—ALA-vis.For-—statute of himitations- pWases,r-eeeipt of a written demand for-afbitr-a4ian by the per-san or-enti4�,administer-ing the ar-bitfa4ian shall eanstitute the institiatien of legal or-equitable proceedings based en the elaim,disptAe or-other-matter-in question. § 8.3.2 The feregoing agr-eeffien4 to ai-7bitmfa4e,and other-a— , I bitfa4e with an additional person or-efftit-y duly consented to by paAies to this Agreement,shall be speeifieally eafer-eeable in aeear-daaee with applieable law in any § 8.3.3 The award r-ender-ed by the ar-bitrMor-(s)shall be final,andjudgment may be entered upen it in aeear-danee § 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitT-ation to which it is a party provided that(1)the arbitration agreement governing the other arbitration and(3)the arbitrations employ ffia4er-iaNy similar preeedural fules and metheds for-seleeting afbitr-a4ef(s). Additions and Deletions Report for AIA Document B133--2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 249 copyright@aia.org. User Notes: (1263 Item#14. § 8.3.4.2 Either party,at its sole discretion,may include by joinder-per-sons or entities substantially involved in common question of law or fact whose pr . . ed if complete relief is to be accorded in arbitration,provided thm the pafty sought to be joined eonsents in writing to sueh joinden Consent to arbitfa4ion iiwolving an additi per-son or-entity shall not eonsfitu4e eonseat to ar-bitfvAioa of any elaim,dispute or-other-mat4er-in"estion no Seetion 8.3,whether-by joinder-or-eonsoli&Aion,the saffle rights of joinder-and eonsolidation as the Owner-an Ar-ehiteet under-this Agreement. § 8.4 The pr-evisions of this Ai4iele 8 shall stwvive the termination of this Agreement. § 8.3 Intentionally Deleted § 9.7 in addition to any afneunts paid tmder-Seetien 9.6,if the Owner-teFminmes this Agr-eefnen4 for-its eenvenienee Ar-ehiteet the following fees� �7 T8nnin-atio Tree: Intentionally Deleted § 9.8 Exeept as other-wise expressly provided herein,this Agr-eefneat shall tefmina4e one yeaf fr-ofn the da4 Substantial Intentionally Deleted PAGE 20 (Insert. o .2 Percent-age Basis o of the Owner-'s budget for-the Cost of the War&,as ealeula4ed in aeeor-da-nee with Seetion 11.6. 4-9tkerAs noted in Exhibit A None. § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: To be negotiated prior to the performance of Additional Services. Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 250 copyright@aia.org. User Notes: (1263 Item#14. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as follows: , , Servi leoNgt Applicable. § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows:As Set forth in Exhibit A PAGE 21 Not Applicable Employee or Category Rate($0.00) .1 -r.-ansp,,i4ation and atit o-:zoa out f to travel and subs sten e Deleted. .6rates,if authorized in advance by-the 9wi}er-,Deleted .8 , expenses of professional liability insufanee dedieated exelusively to this Pr-ejeet,or-the expense of Deleted .10 Site ffee expenses; .11 Registration fees and any other-fees ehar-ged by the Certifying Aiith0r-ity Or-by other-efAities as necessary te achieve the Sustai-nableObj€etive,arc Deleted .12 Other similar P-oje.t related o e diW-es Deleted. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus percent )Zero percent(0%)of the expenses incurred. § 11.9Arnh0fAnt'q ins, ranGe.if the types and limits of cover-age required in Section 2.6 are in addition to the types an rehiteet normally maintains,the Ovaier shall pay the Architect for the additional costs ineurred by the Seel on2.6, aa f,.,...hieh two Owner-shall ffib ffse the A rehiteet`Deleted § 11.10.1.1 An initial payment of{$—+zero dollars($O.00�shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 ($ )shall be made upon eyeeti4ion of this Agr-eefneat for-r-egist-Fation fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's pa�qnents to the Certifying AWherity shall be credited to the Owner's account at the time the expense is .Deleted Additions and Deletions Report for AIA Document 13133--2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 251 copyright@aia.org. User Notes: (1263 Item#14. § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable sei4atien ef the A+chitest's4weice ns tWaid ( )Rays after-the ifwoiee deAe shall bear if4er-est a4 the ra4e entered below,or-in the abseftee thereof a4 the legal m4e prevailing fFem time to time *the pr- 1 .l o Fl business of the *net 30 from the Owner're receipt of a correct invoice. °Zero percentage(0/.0) PAGE 22 None. .2 ALA-DA-eument E203Tm 2013,Building infeEma4ion Modeling and Digital Data E?khibit,dated as.,,1;,...4o.l l.ol...�. ;F,...,..,,..l otoa ,•the folio..,; g. , (Cheek the appropriate be*for any,exhibits ineerperwted into thk Agreeflient.) Coast-ruetor Edition dated as indieated below-7 (Insert the date of Me E-23 4 2019 ineorperated into this ag-reentent) Other Exhibits incorporated in4o this A greemen4: Qtht-w dee en4s: .3 Exhibits: Exhibit A,Proposal Letter revised January 27,2021 John D.Maulin,Executive Vice President Additions and Deletions Report for AIA Document B133-—2019.Copyright @ 2014,and 2019 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This of n document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail Page 252 copyright@aia.org. User Notes: (1263 Item#14. Certification of Document's Authenticity AIA° Document D401 TM - 2003 I,John D.Maulin,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:37:01 ET on 02/08/2021 under Order No. 8451704096 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. John D.Maulin Executive vice President Electronic Signature CSHQA,Inc. 2021.02.09 17:06:04-07'00' (Signed) (Title) (Dated) AIA Document D401 TM—2003.Copyright @ 1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:37:01 ET on 02/08/2021 under Order No.8451704096 which expires on 11/21/2021,is not for resale,is licensed for one-time use only,a be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 253 User Notes: (1263 Item#14. 200 Broad St•Boise,ID 83702 208.343.4635 cshga.com Revised January 27, 2021 January 6, 2021 Via E-mail: sredman@meridiancity.org Stacy Redman, Facilities Project Manager City of Meridian Public Works Department 33 East Broadway Avenue Meridian, ID 83642 Re: Meridian Police Department,Tenant Improvement (MPD—TI) 1401 East Watertower Street Meridian, Idaho CSHQA Project No. 21TBD.000 Proposal for Professional Services Dear Stacy: We are pleased to submit this proposal for limited architectural, interior design and engineering (structural, mechanical (plumbing and HVAC), electrical and telecommunications) services,for the above-referenced project. Our services are based on the two (2) attached schematic floor plans. This proposal is also based on the Client providing and/or being responsible for the following: • Regulatory agency application and permit fees. • Hiring a CMGC for both pre-construction and construction services. • Develop the B133 Owner-Architect Agreement document. The project team for the MPD—TI project shall include the following disciplines: Architectural—CSHQA, Inc.—John Maulin, AIA, Principal in Charge and Dave Davies,AIA, Architect of Record and Sr. Project Manager Interior Design—CSHQA, Inc.—Megumi Haas Structural—BHB Consulting Engineers—Darren Truchot, P.E. Mechanical (plumbing and HVACJ—CSHQA, Inc.— Kent Andersen, P.E. Electrical—CSHQA, Inc.—Jason Brunson, P.E. PROJECT UNDERSTANDING Tenant Improvement involving police department space on both the first and second floors of the existing Meridian Police Department generally involving the areas on the attached two (2)floor plan sketches. Owner to hire a CMGC who shall provide Pre-Construction and Construction services. The Client's Construction Budget is$1,000,000.00. Design to include Additive Bid Alternates up to 10%of the Construction Budget. people who listen • design that speaks EEO/"N page 254 an employee-owned company ttem#�4. tacy Redman Page 2 Revised January 27, 2021 SCOPE OF SERVICES Our services shall be provided in two Tasks: Task 01—Design Phase and Task 02—Construction Phase. More specifically, our services shall include the following: Task 01—Design Phase • Provide design for the interior tenant improvement spaces as defined in the B133 Agreement. We propose to provide Design Phase services on a Fixed Fee basis of Seventy Thousand and no/100 Dollars ($70,000.00) plus Reimbursable Expenses. Task 02—Construction Phase • Provide bidding and permit assistance and contract administration services for the interior tenant improvement spaces as defined in the B133 Agreement. We propose to provide Construction Phase services on a Fixed Fee basis of Thirty-Thousand and no/100 Dollars ($30,000.00) plus Reimbursable Expenses. Reimbursable Expenses such as, but not limited to, materials, supplies, and reproduction costs (plans, manuals, reports) will be charged at actual cost to the Architect. Regulatory agency application and permit fees, if applicable, are not included in this proposal but can be paid on behalf of the Client as an additional Reimbursable Expense. Employee's time for Additional Tasks shall be negotiated with the Client prior to commencement of services. Preliminary Project Schedule (dates-durations subject to change): January 2021: Project kick-off and program validation/verification. February 2021: 30 percent design and Client written approval. March 2021: 60 percent design and Client written approval. May 2021: 100 percent design and Client written approval. June 2021: Advertise for bids and submit for a Building Permit. July 2021: Bid opening. Fall 2021: Award contract. Spring 2022: Construction complete. The following services are not included in the above scope but may be contracted separately, as an Additional Task, upon Client request: • Three-dimensional (3-D) modeling. • Leadership in Energy and Environmental Design (LEED)certification. • Commissioning. Page 255 ttem#�4. tacy Redman Page 3 Revised January 27, 2021 • Hazardous materials identification and abatement. • Fire sprinkler and fire alarm design. • Renderings and models. • Opinion of Probable Construction Cost (construction cost estimating). • Redesign of architectural, mechanical and/or electrical systems due to significant changes to the building design by the Client after the Client has approved the Design Development drawings. • Services beyond those noted above. Upon your acceptance of this proposal, please provide the AIA Document B133 for review-execution. Commencement of the services described above will be initiated upon receipt of an executed agreement. If the services noted in this proposal are not contracted within thirty(30) days from the date of this letter, the proposal shall be subject to review and subsequent revisions. We appreciate this opportunity and look forward to working with you on this project. If you have questions, please do not hesitate to call. Sincerely, CSHQA, Inc. Dave Davies, AIA Sr. Project Manager DD:me Attachments: First Floor Plan Second Floor Plan Page 256 y 7 y "t Y_ TY 7 7 111-1. L N 7 7 —-—-—-—-—-—-— —-—-—-- s Ig v ",r V,2'-3� ICI 3 r_J DE see New MMheYswork a ea -I— — — —M— 1I I n� V1 =- L j ❑ M .2 -------- —MID 0 1 00 2 W6 III EM Q Q ------- x xIX ILI] II slj mffi IF 12 7> gg C.Bfipby 12 184 ---------------- t--------- -------I �D &K Meridian Police HQ Tenant Improvement Ij December 22, 2020 updated Ij Scope of work r I ROOF ROOF 42 ROOF 411 BELA Odd—11 41 21 rxi ROOF 221 ROOF Meridian Police HC)Tenant Improvement December 22. 2020updated Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Grantee Agreements for the Meridian Small Business Grant Program Page 259 Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: March 2, 2021 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program Recommended Council Action: Approve the two final Grantee Agreements for the Meridian Small Business Grant Program. The following Grantees have been approved through the City's 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: Grantee Amount PPE Testing Inventory Equip. Rent Utilities Approved Continvo LLC dbu Goodwood Barbeque Compar $15,000.00 X X Riceworks LLC $2,313.89 X Background: These Agreements are for Council 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.Applications are then sent to the State Coronavirus Financial Advisory Committee for approval and funding. With more than $1.2 million in requests in the application queue, the Program officially closed on December 30. The City submitted 125 applications to the State, with grant funds totaling the full $1 million designated by the Council for this program. Following the final grant disbursements, staff will compile all program information and prepare a report to Council, highlighting the types of businesses, grant purposes, and other data. Page 260 Item#15. AGREEMENT BETWEEN CITY OF MERIDIAN AND CONTINVO,LLC DOING BUSINESS AS GOODWOOD BARBEQUE COMPANY FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this_22 day of_February_, 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Continvo,LLC, a limited liability company, doing business as Goodwood Barbeque 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"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 Fifteen Thousand Dollars ($15,000), 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: 1. Grantee has 500 or fewer employees. MSBG GRANTEE AGREEMENT PAGE 1 Page 261 Item#15. 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 fifteen thousand dollars ($15,000.00), 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 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 GRANTEE AGREEMENT PAGE 2 Page 262 Item#15. 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 Continvo LLC Attn: Economic Development Administrator ATTN: Vance S. Cooper, Manager 33 E. Broadway Avenue 965 S Industry Way svdP-/07 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 Parry 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 263 Item#15. directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand,reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either parry to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any parry'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 parry. 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: Continvo,L C dba Goodwood Barbeque Company Vance S. C oper, age CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 3-2-2021 Chris Johnson, City Clerk 3-2-2021 MSBG GRANTEE AGREEMENT PAGE 4 Page 264 Item#15. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Proof of Lease/ Payment Statement August Rent 9230.00 ✓ ✓ Idaho Power- July 3169.84 ✓ ✓ Idaho Power- August 3457.82 ✓ ✓ Intermountain Gas - August 872.62 ✓ ✓ Intermountain Gas - September 1037,51 ✓ ✓ Total Eligible Expenses 17,767.79 GRANT AWARD $15,000.00 MSBG GRANTEE AGREEMENT PAGE 5 Page 265 Item#15. AGREEMENT BETWEEN CITY OF MERIDIAN AND RICEWORKS,LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 11 " day of fbb(k , 2021 by and between the City of Meridian, a municipal corporation organized under the laws olithe state of Idaho ("City")and Riceworks, 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"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: 1. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed two thousand three hundred thirteen dollars and eighty nine cents($2,313.89), 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 MSBG GRANTEE AGREEMENT PAGE 1 Page 266 Item#15. Grantee meets each of the following criteria: 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 E1N. 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 fifteen thousand dollars(S15,000.00),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. IL 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 MSBG GRANTEE AGREEMENT PAGE 2 Page 267 Item#15. the State approves Grantee's application and releases the funds 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 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 Riceworks, LLC Attn: Economic Development Administrator ATTN: Phu Tran, Owner 33 E. Broadway Avenue 10716 W Cruser Dr Meridian, Idaho 83642 Meridian, ID 83709 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. 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 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 AGREEMENT PAGE 3 Page 268 Item#15. regulation, statute,executive order,or U.S. Treasury, State,or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports,or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void,and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14)days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term,and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings,oral or written,whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Riceworks, LLC Phu Tran, ner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 3-2-2021 Chris Johnson, City Clerk 3-2-2021 MSBG GRANTEE AGREEMENT PAGE 4 Page 269 Item#15. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-August 5426.35 Rent-September 5426.35 Rent-October 5426.35 Total Eligible Expenses 16,279.05 Remaining MMSBG Funds Available 2,313.89 MSBG GRANTEE AGREEMENT PAGE 5 Page 270 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Finance Department: Fiscal Year 2020 Financial Statement Audit Report Page 271 Item#16. EideBailly® CPAs&BUSINESS ADVISORS February 16, 2021 To the Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the financial statements of the City of Meridian, Idaho (the City) as of and for the year ended September 30, 2020, and have issued our report thereon dated February 16, 2021. Professional standards require that we advise you of the following matters relating to our audit. Our Responsibility in Relation to the Financial Statement Audit under Generally Accepted Auditing Standards and Government Auditing Standards and our Compliance Audit under the Uniform Guidance As communicated in our letter dated October 13, 2020, our responsibility, as described by professional standards, is to form and express an opinion about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America and to express an opinion on whether the City complied with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major federal programs. Our audit of the financial statements and major program compliance does not relieve you or management of its respective responsibilities. Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement.An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Our responsibility, as prescribed by professional standards as it relates to the audit of the City's major federal program compliance, is to express an opinion on the compliance for each of the City's major federal programs based on our audit of the types of compliance requirements referred to above. An audit of major program compliance includes consideration of internal control over compliance with the types of compliance requirements referred to above as a basis for designing audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, as a part of our major program compliance audit, we considered internal control over compliance for these purposes and not to provide any assurance on the effectiveness of the City's internal control over compliance. What inspires you,inspires us.I eidebailly.com Page 272 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Item#16. We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However,we are not required to design procedures for the purpose of identifying other matters to communicate to you. We have provided our comments regarding internal controls during our audit in our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards dated February 16, 2021. We have also provided our comments regarding compliance with the types of compliance requirements referred to above and internal controls over compliance during our audit in our Independent Auditor's Report on Compliance with Each Major Federal Program and Report on Internal Control Over Compliance Required by the Uniform Guidance dated September 30, 2020. Planned Scope and Timing of the Audit We conducted our audit consistent with the planned scope and timing we previously communicated to you. Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, and our firm have complied with all relevant ethical requirements regarding independence. Qualitative Aspects of the Entity's Significant Accounting Practices Significant Accounting Policies Management has the responsibility to select and use appropriate accounting policies.A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements. There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during 2020. No matters have come to our attention that would require us, under professional standards,to inform you about (1)the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Significant Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management's current judgments. Page 273 Item#16. The most sensitive accounting estimates affecting the financial statements were: Management's estimate of the net pension liability and deferred inflows/outflows of resources related to the net pension liability are based on actuarial estimates provided by Milliman to PERSI and the Schedule of Employer Allocations and Collective Pension Amounts provided by PERSI. This schedule was audited by independent auditors. We evaluated the key factors and assumptions used to develop the net pension liability and determined that it is reasonable in relation to the basic financial statements taken as a whole. Financial Statement Disclosures Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users.The most sensitive disclosures affecting the City's financial statements relate to: The disclosure of net pension liability, in Note 10, as this footnote supports the assumptions made and inputs used to determine the employer pension assumption. Significant Difficulties Encountered during the Audit We encountered no significant difficulties in dealing with management relating to the performance of the audit. Uncorrected and Corrected Misstatements For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole.There were no uncorrected or corrected misstatements identified as a result of our audit procedures. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the financial statements or the auditor's report. No such disagreements arose during the course of the audit. Representations Requested from Management We have requested certain written representations from management, which are included in the management representation letter dated February 16, 2021. Page 274 Item#16. Management's Consultations with Other Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters. Other Significant Matters, Findings,or Issues In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City's auditors. Other Matters The financial statements include the financial statements of Meridian Development Corporation (MDC), which we considered to be a significant component of the financial statements of the City. Consistent with the audit of the City's financial statements as a whole, our audit included obtaining an understanding of MDC and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements of MDC and completion of further audit procedures. This report is intended solely for the information and use of the Mayor, City Council, and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties. Boise, Idaho Page 275 Item#16. Financial Statements September 30, 2020 City of Meridian, Idaho �Vt IDIAN.117—"N.01 IDAHO The City of Meridian is located in the center of the Treasure Valley in southwest Idaho. Founded in 1893,and incorporated as a city in 1903, Meridian is now one of Idaho's largest and fastest growing communities. Meridian is cited by Money Magazine as one of its Top 50 Best Places to Live,and by America's Promise Alliance and ING as one of the Nation's 100 Best Communities for Young People. For more information,visit www.meridiancitV.org. Page 276 Item#16. City of Meridian, Idaho Table of Contents September 30, 2020 IndependentAuditor's Report...................................................................................................................................1 Management's Discussion and Analysis ....................................................................................................................4 Financial Statements Basic Financial Statements Government-wide Financial Statements Statementof Net Position ...................................................................................................................................12 Statementof Activities.........................................................................................................................................14 Fund Financial Statements Balance Sheet—Governmental Funds.................................................................................................................15 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position........................16 Statement of Revenues, Expenditures, and Changes in Fund Balances—Governmental Funds ........................17 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ...................................................................................................................18 Statement of Net Position—Proprietary Fund ....................................................................................................19 Statement of Revenues, Expenses, and Changes in Fund Net Position—Proprietary Fund ...............................21 Statement of Cash Flows—Proprietary Fund ......................................................................................................22 Notes to Financial Statements.............................................................................................................................23 Required Supplementary Information Schedule of Employer's Share of Net Pension Liability and Employer Contributions.........................................48 Schedule of Revenues, Expenditures, and Changes in Fund Balance—Budget and Actual—General Fund.......50 Notes to Required Supplementary Information..................................................................................................52 Other Information Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Capital Projects Fund .............................................................................................................................................................................53 Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Enterprise Fund....54 Single Audit Information Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards.................................................................................................................................................................55 Independent Auditor's Report on Compliance for Each Major Federal Program; Report on Internal Control over Compliance Required by the Uniform Guidance.....................................................................................................57 Schedule of Expenditures of Federal Awards......................................................................................................59 Notes to the Schedule of Expenditures of Federal Awards.................................................................................60 Schedule of Findings and Questioned Costs........................................................................................................61 Page 277 Item#16. EideBailly® CPAs&BUSINESS ADVISORS Independent Auditor's Report Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities,the business- type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho, (the City), as of and for the year ended September 30, 2020, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. What inspires you,inspires us.I eidebailly.com Page 278 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Item#16. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion,the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities,the business-type activities,the discretely presented component unit, and each major fund of the City, as of September 30, 2020, and the respective changes in financial position, and,where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, budgetary comparison information—General Fund, and the Schedule of Employer's Share of Net Pension Liability and Employer Contributions, as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements.The Schedules of Revenues, Expenditures, and Changes in Fund Balance- Budget to Actual—Capital Projects Fund and Enterprise Fund are presented for purposes of additional analysis and are not a required part of the basic financial statements.The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), and is not a required part of the financial statements. The Schedules of Revenues, Expenditures, and Changes in Fund Balance—Budget to Actual—Capital Projects Fund and Enterprise Fund and the Schedule of Expenditures of Federal Awards are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual fund financial statements and the schedule of expenditures of federal awards are fairly stated, in all material respects, in relation to the basic financial statements as a whole. Page 279 Item#16. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated February 16, 2021 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters.The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance.That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City's internal control over financial reporting and compliance. Boise, Idaho February 16, 2021 Page 280 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 This section of the City of Meridian's (City's) annual financial report presents management's discussion and analysis of the City's financial performance during the year ended September 30, 2020. Please use this information in conjunction with the information furnished in the City's financial statements. Financial Highlights • The total assets and deferred outflows of the City exceeded its liabilities and deferred inflows at September 30, 2020 by$594,974,127 as compared to $555,042,847 at September 30, 2019. • Net position of the Governmental activities finished the fiscal year 2020 at$182,321,709. • Net position of Business-type activities finished fiscal year 2020 at$412,652,418. • Total fund balance of Governmental funds at September 30, 2020 was $89,087,318 as compared to a total governmental fund balance at September 30, 2019 of$75,970,506. • Total unrestricted fund balance of Business-type funds at September 30, 2020 was$59,918,653 as compared to a total business-type unrestricted fund balance at September 30, 2019 of$43,340,363. • The City has no outstanding long-term debt at September 30, 2020. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the City's basic financial statements. The basic financial statements have four components—government-wide financial statements,fund financial statements, notes to the financial statements, and required supplementary information. Government-Wide Financial Statements These statements report information about all of the operations of the City using accounting methods similar to those used by private sector companies.These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting.The current year's revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government-wide financial statements are divided into two categories: Statement of Net Position—Reports all of the City's assets (what the City owns) and liabilities (what the City owes) with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. Statement of Activities—Reports all of the City's revenues and expenses for the year by function. Examples of functions are public safety, administration, and water and sewer activities. Revenues, such as property tax which cannot be traced to a specific function, are reported as General Revenues. Page 281 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 GOVERNMENT-WIDE FINANCIAL STATEMENT ANALYSIS Statement of Net Position At September 30, 2020,the City's combined assets and deferred outflows exceeded liabilities and deferred inflows by$594,974,127 as compared to the net position as of September 30, 2019 of$555,042,847. Government-wide total assets and deferred outflows of resources increased from last fiscal year to finish fiscal year 2020 at$663,126,466. Government-wide total liabilities and deferred inflows of resources increased from last fiscal year to finish fiscal year 2020 at$68,152,339. The largest portion of the City's net position is invested in capital assets. Capital assets include land, building, equipment and machinery, and sewer and water utility infrastructure. The table below has been condensed from the Statement of Net Position: Primary Government Governmental Business-type Total 2020 2019 2020 2019 2020 2019 Current and Other Assets $125,698,867 $119,951,091 $ 69,440,109 $ 55,744,343 $195,138,976 $175,695,434 Capital Assets 108,030,712 107,626,455 353,207,185 339,663,381 461,237,897 447,289,836 Deferred Outflows of Resources 5,442,017 2,812,096 1,307,576 706,914 6,749,593 3,519,010 TOTAL Assets and Deferred Outflows of Resources 239,171,596 230,389,642 423,954,870 396,114,638 663,126,466 626,504,280 Current Liabilities 6,410,622 7,365,379 5,932,444 9,765,857 12,343,066 17,131,236 Long-term Liabilities 20,119,716 10,219,715 5,223,213 2,966,969 25,342,929 13,186,684 Deferred Inflows of Resources 30,319,549 40,206,123 146,795 937,390 30,466,344 41,143,513 TOTAL Liabilities and Deferred Inflows of Resources 56,849,887 57,791,217 11,302,452 13,670,216 68,152,339 71,461,433 Investment in Capital Assets 108,030,712 107,626,455 352,733,765 339,104,059 460,764,477 446,730,514 Restricted 20,388,815 15,975,530 - - 20,388,815 15,975,530 Unrestricted 53,902,182 48,996,440 59,918,653 43,340,363 113,820,835 92,336,803 TOTAL Net Position $182,321,709 $172,598,425 $412,652,418 $382,444,422 $594,974,127 $555,042,847 Page 282 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 Statement of Activities During the 2020 fiscal year the City's financial position improved by$39,931,280.The following condensed financial information was derived from the government-wide Statement of Activities and shows how the City's net position changed during the year. Government-wide total revenues increased from last fiscal year to FY2020 at $135,057,710. Government-wide total expenses increased from last fiscal year to finish FY2020 at $95,126,430. Changes in Net Position for Fiscal Year Ending September 30,2020 Governmental Business-Type Total Primary Activities Activities Government FY2020 FY2019 FY2020 FY2019 FY2020 FY2019 Revenues Program Revenues Charges for services $ 12,806,959 $ 13,668,208 $ 28,678,125 $ 27,273,239 $ 41,485,084 $ 40,941,447 Operating grants and contributions 1,051,057 981,547 19,087,316 20,536,811 20,138,373 21,518,358 Capital grants and contributions 7,844,897 10,210,696 13,718,483 12,337,137 21,563,380 22,547,833 General Revenue Property taxes 37,362,945 34,287,294 - - 37,362,945 34,287,294 Franchise fees 1,568,465 1,501,393 1,568,465 1,501,393 Sales tax and other governmental 10,170,339 8,942,190 - - 10,170,339 8,942,190 Investment Earnings 1,173,355 1,667,409 792,905 1,003,707 1,966,260 2,671,116 Other Revenue 373,261 642,301 429,603 581,333 802,864 1,223,634 Total Revenues 72,351,278 71,901,038 62,706,432 61,732,227 135,057,710 133,633,265 Expenses General Government Administration 11,443,259 9,783,817 - - 11,443,259 9,783,817 Law Enforcement 24,148,931 19,486,967 24,148,931 19,486,967 Fire Department 14,990,279 12,852,877 14,990,279 12,852,877 Parks and Recreation 8,230,063 7,566,494 8,230,063 7,566,494 Community Planning and Devlp 6,548,078 6,083,165 6,548,078 6,083,165 Enterprise-sewer and water - - 29,765,820 27,221,677 29,765,820 27,221,677 Total Expenses 65,360,610 55,773,320 29,765,820 27,221,677 95,126,430 82,994,997 Excess of revenues over expenditures before transfers 6,990,668 16,127,718 32,940,612 34,510,550 39,931,280 50,638,268 Transfers-internal activities 2,732,616 2,629,207 (2,732,616) (2,629,207) - - Change in net position 9,723,284 18,756,925 30,207,996 31,881,343 39,931,280 50,638,268 Net Position,Beginning of Year 172,598,425 153,841,500 382,444,422 350,563,079 555,042,847 504,404,579 Net Position,Ending of Year $ 182,321,709 $ 172,598,425 $ 412,652,418 $ 382,444,422 $ 594,974,127 $ 555,042,847 Page 283 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 Fund Financial Statements The Fund financial statements provide information about the City's major funds, not the City as a whole.The City uses a method of accounting, called fund accounting, to separate specific sources of funds and corresponding expenditures. Funds may be required by law or may be established by the City Council. At the end of a fiscal year the unreserved fund balance serves as a useful measure of a government's net resources. The City has the following funds: Governmental Funds: These funds encompass the City's basic services, public safety, community planning and development, administration, and parks and recreation. Governmental fund financial statements focus on short-term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. The City has two governmental funds: • General Fund—The general fund is the general operating fund of the City. It derives most of its income from property tax and funds the operations of the City. It includes the Development Services Fund, used to account for revenue and expenses of the community planning and development function, and the Public Safety Fund used to set aside funds for police and fire capital projects. It also includes the Impact Fee Fund used to account for park and public safety impact fee revenue and capital acquisitions. • Capital Projects Fund—The Capital Projects Fund is used to account for financial resources to be used for the acquisition of major capital facilities. The City has one proprietary fund: • Enterprise Fund (Business-Type Activities): User fees finance activities in this fund.The water and sewer utilities and all the activities necessary to support their operation are accounted for in this fund. Accounting for this fund is the same as a private business on a full accrual basis. FUND FINANCIAL STATEMENTS ANALYSIS Governmental Funds: Governmental activities ending net position for fiscal year 2020 was$182,321,709 as compared to $172,598,425 for fiscal year 2019. Governmental activities total assets and deferred outflows of resources increased from last fiscal year to finish FY2020 at$239,171,596. Governmental activities total liabilities and deferred inflows of resources increased from last fiscal year to finish FY2020 at$56,849,887. Page 284 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 The largest portion of the Governmental activities net position is invested in current and other assets. Current and other assets include cash, investments, property taxes, deposits, and receivables. During the 2020 fiscal year the Governmental activities financial position improved by$9,723,284.The following condensed financial information was derived from the Government-wide Statement of Activities and shows how the Governmental activities net position changed during the year. Governmental activities total revenues increased from last fiscal year to finish FY2020 at$72,351,278.The primary revenue source of governmental revenue is property tax which increased from last year to finish the fiscal year at$37,362,945. Governmental activities total expenses increased from last fiscal year to finish FY2020 at$65,360,610.The largest expenditure source of governmental expenses is law enforcement which increased from last year to finish the fiscal year at$24,148,931. Enterprise Fund (Business-Type Activities): Business-Type activities ending net position for fiscal year 2020 was$412,652,418 as compared to $382,444,422 for fiscal year 2019. Business-Type activities total assets and deferred outflows of resources increased from last fiscal year to finish FY2020 at$423,954,870. Business-Type total liabilities and deferred inflows of resources decreased from last fiscal year to finish FY2020 at$11,302,452. The largest portion of the Business-Type net position is invested in capital assets net of related debt. Capital assets include land, building, equipment and machinery, and sewer and water utility infrastructure. During the 2020 fiscal year the Business-Type activities financial position improved by$30,207,996.The following condensed financial information was derived from the Government-wide Statement of Activities and shows how the Business-Type activities net position changed during the year. Business-Type activities total revenues increased from last fiscal year to finish FY2020 at$62,706,432. The primary revenue source of Business-Type revenue is charges for service which increased from last year to finish the fiscal year at$28,678,125. Business-Type total expenses increased from last fiscal year to finish FY2020 at$29,765,820. Page 285 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government-wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the City's budget data for the year, as well as the City's schedule of employer's share of net pension liability and the City's Schedule of employer contributions, and the City's schedule of expenditures of federal awards. GENERAL FUND BUDGETARY HIGHLIGHTS Budget to Actual comparisons are found following the Notes to the Financial Statements within the Supplemental section of this Audit Report. Below is a discussion regarding the General Fund Budget to Actual comparison. The final FY2020 overall expenditure budget was$74,143,200 as compared to the actual expenditures of $61,327,317. There are three categories of budget expenditures; personnel, operating, and capital outlay.The discussion below will address each category and the differences between budget and actual. The total actual personnel expense for FY2020 was$41,473,657 as compared to the final budget of $44,577,508. The primary reason for the variance between actual and budget is related to the amount of vacancy positions that were not filled during the fiscal year. The total actual operating expense was$14,279,359 as compared to the final budget of$19,363,683. One of the largest budget to actual variance for the operating expenses is due to the City not expending street light project budgets as anticipated. The total General Fund FY2020 capital expense was $5,574,301 as compared to the final budget of $10,202,009.The largest budget to actual variance for capital expenses is related to Public Safety building construction. FY2020 General Fund actual revenue of$71,189,280 exceeded the final budget of$66,968,163. The largest percentage of General Fund revenue resides in property tax and finished FY2020 at$37,269,330. Intergovernmental revenue sharing is the second largest revenue stream in FY2020 at$12,246,072.The third largest source of General Fund revenue in FY2020 was licenses and permits, namely building permit sales.At the end of FY2020,the licenses and permits revenue finished the year at$9,290,981. Page 286 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 CAPITAL ASSET AND DEBT ADMINISTRATION Capital Assets At the end of FY2020 the City had $460,764,477 invested in capital assets (net of accumulated depreciation). The City's investment in capital assets includes land, buildings, sewer and water lines, buildings,vehicles and equipment. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset changes in the Governmental Activities from FY2019 to FY2020 were: • $73,116 in new Land • $528,647 in new Easements • $2,695,798 in Buildings and Improvements • $74,980 in new Equipment • $(2,968,284) in Capital projects still in construction Major capital asset changes in the Business-type Activities from FY2019 to FY2020 were: • $3,907,790 in new Land • $2,506,610 in new Easements • $56,777,229 in Buildings and Improvements • $8,905,585 in new Sewer and Water Lines • $(52,912) in new Equipment • $(58,414,596) in Capital projects still in construction Capital Assets(net of depreciation) as of September 30,2020 Governmental Business-Type Total Primary Activities Activities Government FY2020 FY2019 FY2020 FY2019 FY2020 FY2019 Land $ 30,479,288 $ 30,406,172 $ 6,257,882 $ 2,350,092 $ 36,737,170 $ 32,756,264 Easements 1,388,600 859,953 16,439,400 13,932,790 17,828,000 14,792,743 Buildings and improvements 68,662,706 65,966,908 109,878,337 53,101,108 178,541,043 119,068,016 Sewer and water lines - - 187,567,411 178,661,826 187,567,411 178,661,826 Machinery and equipment 6,668,587 6,593,607 28,917,495 28,970,407 35,586,082 35,564,014 Construction in progress 831,531 3,799,815 3,673,240 62,087,836 4,504,771 65,887,651 Total capital assets,net $ 108,030,712 $ 107,626,455 $ 352,733,765 $ 339,104,059 $ 460,764,477 $ 446,730,514 The City booked $5,698,100 in depreciation expense for Governmental City activities and $11,976,119 for Business-type activities (See Note 5 to the financial statements). Page 287 Item#16. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2020 Debt Administration The City has no outstanding debt for the year ended September 30, 2020. FY2021 Economic Factors and Budgetary Considerations The City of Meridian prepares an economic forecast as a component in the process of developing the annual budget. Following local and national indicators currently affecting the City of Meridian,the City's approved FY2021 budget anticipated a level of economic activity commiserate with the prior year. Since the spring of 2012, construction and development has continued to be active and steady.The following considerations by the City Council were taken when it adopted the FY2021 Budget: • The City provided for compensation increases for public safety employees. • The City considered the current FY2020 economic conditions and trends while working on the FY2021 budget.The City maintained that a conservative approach to revenue projections was in the best interest of the City. • The City Council elected not to increase the annual property taxes, which is allowable by State code. • The City continued the practice of taking on no debt. • The Fire Department labor contract negotiations were agreed upon for FY2021 for 3 years and will be open for negotiations again beginning in FY2024. • The City's sewer and water customer utility accounts continue to see growth of about 4.0% annually (based on last 10-year average). Requests for Information This report is designed to provide a general overview of the City of Meridian's finances for our citizens and customers. If you have questions about this report or need additional financial information, please visit the City's Finance Department webpage or contact: City of Meridian Finance Department 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 888-4433 Page 288 Item#16. City of Meridian, Idaho Statement of Net Position September 30, 2020 Primary Government Governmental Business-Type Component Activities Activities Total Unit Assets Current Assets Cash and cash equivalents $ 64,261,351 $ 50,867,140 $ 115,128,491 $ 4,313,175 Restricted cash and cash equivalents 18,207,014 - 18,207,014 - Investments 5,911,879 14,149,436 20,061,315 - Restricted investments 2,277,208 - 2,277,208 - Receivables Accounts (net of$30,000 allowance for enterprise fund uncollectibles) 1,253,920 4,092,918 5,346,838 24,769 Current portion of note receivable - 52,416 52,416 - Property taxes 30,536,783 - 30,536,783 2,627,489 Due from other governmental units 21878,171 1,694 2,879,865 - Interest 51,789 43,285 95,074 - Deposits and prepaid expenses 320,752 233,220 553,972 4,085 Total current assets 125,698,867 69,440,109 195,138,976 6,969,518 Noncurrent Assets Long-term note receivable - 473,420 473,420 - Capital assets Land, infrastructure,and other assets not depreciated 32,699,419 26,370,522 59,069,941 672,384 Buildings, improvements and equipment, net of depreciation 75,331,293 326,363,243 401,694,536 - Total noncurrent assets 108,030,712 353,207,185 461,237,897 672,384 Deferred Outflow of Resources Pension obligations 5,442,017 1,307,576 6,749,593 - $ 239,171,596 $ 423,954,870 $ 663,126,466 $ 7,641,902 See Notes to Financial Statements Page 289 Item#16. City of Meridian, Idaho Statement of Net Position September 30, 2020 Primary Government Governmental Business-Type Component Activities Activities Total Unit Liabilities Current Liabilities Accounts payable $ 2,740,503 $ 3,875,843 $ 6,616,346 $ 39,936 Accrued payroll and taxes 1,673,584 385,576 2,059,160 - Customer deposits 1,692,415 1,632,907 3,325,322 - Due within one year Accrued vacation-current portion 304,120 38,118 342,238 - Note payable-current portion - - - 119,298 Total current liabilities 6,410,622 5,932,444 12,343,066 159,234 Noncurrent Liabilities Accrued vacation-less current portion 2,346,476 343,061 2,689,537 - Due to Developers - - - 315,912 Note payable-less current portion - - - 51,058 Settlement payable - 240,000 240,000 - Deferred revenue - 312,813 312,813 Net pension liability 17,773,240 4,327,339 22,100,579 - Total noncurrent liabilities 20,119,716 5,223,213 25,342,929 366,970 Deferred Inflows of Resources Pension obligations 574,838 146,795 721,633 - Unavailable revenues-property taxes 29,744,711 - 29,744,711 2,469,838 Total deferred inflows of resources 30,319,549 146,795 30,466,344 2,469,838 Total liabilities and deferred inflows 56,849,887 11,302,452 68,152,339 2,996,042 Net Position Investment in capital assets 108,030,712 352,733,765 460,764,477 502,028 Restricted 4,143,832 Impact funds 20,388,815 - 20,388,815 - Unrestricted 53,902,182 59,918,653 113,820,835 - Total net position 182,321,709 412,652,418 594,974,127 4,645,860 $ 239,171,596 $ 423,954,870 $ 663,126,466 $ 7,641,902 See Notes to Financial Statements Page 290 Item#16. Program Revenues Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Primary Government Governmental Activities General government Administration $ 11,443,259 $ 290,289 $ 559,514 $ - Public safety Law enforcement 24,148,931 921,195 249,151 548,647 Fire department 14,990,279 1,268,368 72,530 2,264,716 Parks and recreation 8,230,063 653,676 135,675 5,031,534 Community development 6,548,078 9,673,431 34,187 - Total governmental activities 65,360,610 12,806,959 1,051,057 7,844,897 Business-Type Activities Water and sewer 29,765,820 28,678,125 19,087,316 13,718,483 Total Primary Government $ 95,126,430 $ 41,485,084 $ 20,138,373 $ 21,563,380 Component Unit Downtown development $ 553,132 $ - $ 172,688 $ - General revenues Shared revenues Property taxes, levied for general purposes Franchise fees Sales tax and other governmental Investment earnings Net increase in fair value of investments Miscellaneous Gain (Loss)on sale of capital assets Transfers-internal activities Total general revenues and transfers Change in Net Position Net Position, Beginning of Year Net Position, Ending of Year See Notes to Financial Statements Page 291 Item#16. City of Meridian, Idaho Statement of Activities Year Ended September 30, 2020 Net(Expense) Revenue and Changes in Net Position Primary Government Government Business-type Component Activities Activities Total Unit $ (10,593,456) $ - $ (10,593,456) $ - (22,429,938) - (22,429,938) - (11,384,665) - (11,384,665) - (2,409,178) - (2,409,178) - 3,159,540 - 3,159,540 - (43,657,697) - (43,657,697) - - 31,718,104 31,718,104 - $ (43,657,697) $ 31,718,104 $ (11,939,593) $ - $ - $ - $ - $ (380,444) $ 37,362,945 $ - $ 37,362,945 $ 2,290,633 1,568,465 - 1,568,465 - 10,170,339 - 10,170,339 - 1,173,355 792,905 1,966,260 15,642 314,475 521,463 835,938 - 24,080 5,432 29,512 5,120 34,706 (97,292) (62,586) - 2,732,616 (2,732,616) - - 53,380,981 (1,510,108) 51,870,873 2,311,395 9,723,284 30,207,996 39,931,280 1,930,951 172,598,425 382,444,422 555,042,847 2,714,909 $ 182,321,709 $ 412,652,418 $ 594,974,127 $ 4,645,860 Page 292 Item#16. City of Meridian, Idaho BalanceSheet—Governmental Funds September 30, 2020 Total Capital Governmental General Projects Funds Assets Cash and cash equivalents $ 49,167,353 $ 15,093,998 $ 64,261,351 Investments 5,911,879 - 5,911,879 Receivables Accounts 1,253,920 - 1,253,920 Property taxes 30,536,783 - 30,536,783 Due from other governmental units 2,878,171 - 2,878,171 Interest 44,762 7,027 51,789 Prepaid items 320,752 - 320,752 Restricted assets Cash and cash equivalents 18,207,014 - 18,207,014 Investments 2,277,208 - 2,277,208 $ 110,597,842 $ 15,101,025 $ 125,698,867 Liabilities, Deferred Inflows and Fund Balance Liabilities Current Liabilities Accounts payable $ 2,740,503 $ - $ 2,740,503 Accrued payroll and taxes 1,673,584 - 1,673,584 Customer deposits 1,692,415 - 1,692,415 Total current liabilities 6,106,502 - 6,106,502 Deferred Inflows of Resources Unavailable revenue-property taxes 30,505,047 - 30,505,047 Total liabilities and deferred inflows 36,611,549 - 36,611,549 Fund Balance Nonspendable Prepaids 320,752 - 320,752 Restricted Impact Fund 17,979,714 - 17,979,714 Fund Balance Budget of Carryforward 2,409,101 - 2,409,101 Committed Capital Projects Fund - 10,881,948 10,881,948 Fund Balance Budget of Carryforward - 4,219,077 4,219,077 Public Safety Fund 2,715,692 - 2,715,692 Assigned Capital Projects Fund 3,464,073 - 3,464,073 Fund Balance Budget of Carryforward 1,702,222 - 1,702,222 Unassigned 45,394,739 - 45,394,739 Total fund balance 73,986,293 15,101,025 89,087,318 $ 110,597,842 $ 15,101,025 $ 125,698,867 See Notes to Financial Statements Page 293 Item#16. City of Meridian, Idaho Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2020 Fund balances-total governmental funds $ 89,087,318 Amounts reported for governmental activities in the statement of activities are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds. 108,030,712 Some of the property taxes receivable are not available to pay for current-period expenditures and therefore are deferred in the funds. 760,336 Long-term liability is not due and payable in the current period and therefore is not reported in the funds. Net pension liability (17,773,240) Deferred outflows of resources related to pension obligations. 5,442,017 Deferred inflows of resources related to pensions. (574,838) Accrued vacation is not due and payable in the current period and therefore is not reported in the funds. (2,650,596) Net position of governmental activities S 182,321.709 See Notes to Financial Statements Page 294 Item#16. City of Meridian, Idaho Statement of Revenues, Expenditures, and Changes in Fund Balances—Governmental Funds Year Ended September 30, 2020 Total Capital Governmental General Projects Funds Revenues Taxes $ 37,269,330 $ - $ 37,269,330 Licenses and permits 9,290,981 - 9,290,981 Intergovernmental 12,246,072 - 12,246,072 Franchise fees 1,568,465 - 1,568,465 Fines and forfeitures 451,524 - 451,524 Charges for services 2,001,438 - 2,001,438 Interest 992,800 180,555 1,173,355 Miscellaneous 24,080 - 24,080 Donations 38,340 - 38,340 Impact revenues 7,306,250 - 7,306,250 Total revenues 71,189,280 180,555 71,369,835 Expenditures General government 9,772,097 - 9,772,097 Public safety 34,639,089 - 34,639,089 Parks and recreation 5,185,071 - 5,185,071 Community development services 6,156,759 - 6,156,759 Capital outlay 5,574,301 26,599 5,600,900 Total expenditures 61,327,317 26,599 61,353,916 Excess of Revenues Over Expenditures 9,861,963 153,956 10,015,919 Other Financing Sources (Uses) Operating transfer in 2,732,616 - 2,732,616 Operating transfer out (3,258,016) 3,258,016 - Unrealized gain on investments 300,653 13,821 314,474 Proceeds from sale of capital assets 53,803 - 53,803 Total other financing sources (uses) (170,944) 3,271,837 3,100,893 Net Change in Fund Balances 9,691,019 3,425,793 13,116,812 Fund Balance, Beginning of Year 64,295,274 11,675,232 75,970,506 Fund Balance, End of Year $ 73,986,293 $ 15,101,025 $ 89,087,318 See Notes to Financial Statements Page 295 Item#16. City of Meridian, Idaho Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2020 Change in fund balance-total governmental funds $ 13,116,812 Amounts reported for governmental activities in the statement of net position are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense.This is the amount by which capital outlays exceeded depreciation and loss on sale of assets in the current period. New capital assets 5,728,804 Depreciation (5,698,100) Loss on sale of fixed assets (19,093) Total 11,611 Capital assets contributed by citizens or developers are not a source of financial resources and thus, are not recognized in the governmental funds. 538,647 Some property tax revenue in the statement of activities does not provide current financial resources and is not reported as revenue in the governmental funds. 93,615 (Expenditures) revenues related to the net pension liability that do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds. (3,483,186) Expenditures related to the long-term portion of accrued vacation do not require the use of current financial resources and therefore are not reported as expenditures governmental funds. (554,215) Change in net position of governmental activities $ 9,723,284 See Notes to Financial Statements Page 296 Item#16. City of Meridian, Idaho Statement of Net Position—Proprietary Fund September 30, 2020 Enterprise Fund Water and Sewer Assets Current Assets Cash and cash equivalents $ 50,867,140 Investments 14,149,436 Receivables Accounts (net of$30,000 allowance for uncollectibles) 4,092,918 Current portion of long-term note receivable 52,416 Due from other governments 1,694 Interest 43,285 Prepaids 233,220 Total current assets 69,440,109 Noncurrent Assets Long-term note receivable 473,420 Capital assets Land 6,257,882 Easements 16,439,400 Construction in progress 3,673,240 Buildings and improvements other than buildings 150,578,568 Sewer and water lines 244,787,992 Machinery and equipment 54,927,816 Less accumulated depreciation (123,931,133) Total noncurrent assets 353,207,185 Deferred Outflow of Resources Pension obligations 1,307,576 S 423,954.870 See Notes to Financial Statements Page 297 Item#16. City of Meridian, Idaho Statement of Net Position—Proprietary Fund September 30, 2020 Enterprise Fund Water and Sewer Liabilities and Net Position Current Liabilities Accounts payable $ 3,875,843 Accrued payroll and taxes 385,576 Accrued vacation -current portion 38,118 Customer deposits 1,632,907 Total current liabilities 5,932,444 Noncurrent Liabilities Accrued vacation -less current portion 343,061 Net pension liability 4,327,339 Settlement payable 240,000 Deferred revenue 312,813 Total noncurrent liabilities 5,223,213 Deferred Inflow of Resources Pension obligations 146,795 Net Position Invested in capital assets 352,733,765 Unrestricted 59,918,653 Total net position 412,652,418 S 423,954. 770 See Notes to Financial Statements Page 298 Item#16. City of Meridian, Idaho Statement of Revenues, Expenses, and Changes in Fund Net Position—Proprietary Fund Year Ended September 30, 2020 Enterprise Fund Water and Sewer Operating Revenues Charges for services Water sales $ 9,096,483 Sewer sales 16,663,011 Other service revenues 664,892 Sale of meters 707,466 Trash billing service 1,005,045 Engineering fees 541,228 Miscellaneous 5,432 Total operating revenues 28,683,557 Operating Expenses Personnel services 10,810,005 Other services and charges 2,870,751 Depreciation 11,976,119 Supplies 2,816,934 Heat, lights and power 1,292,011 Total operating expenses 29,765,820 Operating Loss (1,082,263) Nonoperating Revenues (Expenses) Interest revenue 792,905 Connection assessment fees and donations 19,087,316 Loss on sale of capital assets (97,292) Net increase in fair value of investments 521,463 Total nonoperating revenues 20,304,392 Income Before Contributions and Transfers 19,222,129 Donated waterlines and sewerlines 13,718,483 Operating transfers out (2,732,616) Change in Net Position 30,207,996 Net Position, Beginning of Year 382,444,422 Net Position, End of Year S 412,652. 118 See Notes to Financial Statements Page 299 Item#16. City of Meridian, Idaho Statement of Cash Flows—Proprietary Fund Year Ended September 30, 2020 Enterprise Fund Water and Sewer Operating Activities Receipts from customers and users $ 27,973,219 Payments to suppliers (10,567,456) Payments to employees (9,849,605) Net Cash from Operating Activities 7,556,158 Noncapital Financing Activities Operating transfer to general fund (2,732,616) Net Cash used for Noncapital Financing Activities (2,732,616) Capital and Related Financing Activities Connection assessment fees 19,087,316 Proceeds from sale of capital assets 6,300 Cost from disposal of capital assets (103,592) Payments on notes receivable 91,206 Acquisition of capital assets (11,887,342) Net Cash from Capital and Related Financing Activities 7,193,888 Investing Activities Sale of investments 10,632,551 Interest received 858,979 Net Cash from Investing Activities 11,491,530 Net Change in Cash 23,508,960 Cash and Cash Equivalents, Beginning of Year 27,358,180 Cash and Cash Equivalents, End of Year $ 50,867,140 Reconciliation of Operating Loss to Net Cash from Operating Activities Operating loss $ (1,082,263) Adjustments to reconcile operating loss to net cash from operating activities Depreciation 11,976,119 GASB 68 actuarial pension expense 815,689 Changes in assets and liabilities Accounts receivable (420,120) Prepaid items 50,848 Accounts payable (3,218,488) Accrued payroll and taxes 144,711 Customer deposits (710,338) Net Cash from Operating Activities $ 7,556,158 Supplemental Disclosure of Cash Flow Information Developer and customer contributed sewer and water lines $ 13,718,483 See Notes to Financial Statements Page 300 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Note 1 - Summary of Significant Accounting Policies The City of Meridian, Idaho (the City)was incorporated August, 1903.The City operates under a mayor and council form of government and provides the following services as authorized by its charter; public safety (police and fire), community planning and development, parks and recreation, general administrative services, and water and sewer service. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments.The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing government accounting and financial reporting principles.The more significant of the City's accounting policies are described below. Financial Reporting Entity As required by generally accepted accounting principles,these basic financial statements present the City in conformance with GASB. Component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City and are legally separate organizations for which the City is financially accountable.The component unit column in the government-wide financial statements is the financial data of the City's single component unit,the Meridian Development Corporation (MDC). MDC is a separate and distinct legal entity created by state statute and is presented as a discretely presented component unit.The directors of MDC are appointed by the Mayor and approved by the City Council. MDC promotes downtown development services for the citizens of the City. Complete financial statements can be obtained from the City of Meridian Division of Financial Management, 33 East Broadway Avenue, Meridian, Idaho. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e.,the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government.The effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities which rely,to a significant extent, on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include; charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment.Taxes and other items not properly included among program revenues are reported instead as general revenues. Page 301 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned, and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose,the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period.All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds; General Fund—The General Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. Capital Projects Fund— The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). The City reports the following major proprietary fund; Enterprise Fund—The Enterprise Fund is used to account for water and sewer operations financed and operated in a manner similar to private business. The intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Additionally,the governing body may have decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. Page 302 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 As a general rule, the effect of inter-fund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between various functions of the government when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund's principal ongoing operations.The principal operating revenues of the City's enterprise funds are charges for services to customers for water and sewer sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets.All revenues and expenses, such as fees property owners pay to connect to the utility system, not meeting this definition are reported as non-operating revenues and expenses. Cash and Cash Equivalents For purposes of the statement of cash flows,the City considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Property Taxes Receivable Within the governmental fund financial statement, property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. Available tax proceeds include property tax receivables expected to be collected within sixty days after year end. Property taxes attach as liens on properties on January 1, and are levied in September of each year.Tax notices are sent to taxpayers during November,with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred inflow of resources at the City's year end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City.The receivable is reported net of an allowance for uncollectible accounts. An allowance is reported when accounts are proven to be uncollectible.The allowance for uncollectible accounts was $30,000 as of September 30, 2020. Page 303 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Deposits and Prepaid Expenses Deposits and prepaid expenses consist of deposits paid by developers for various improvements as well as payments to vendors that reflect costs applicable to future accounting periods and are reported as prepaid expenses. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., parks, wells, water and sewer lines and similar items) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial individual cost of$10,000 and over for machinery and equipment, $75,000 and over for building and land improvements, buildings, intangibles, and infrastructure, and an estimated useful life in excess of three years. Land acquisitions regardless of cost are recorded as capital assets.All material capital assets are valued at cost. Donated capital assets are valued at their acquisition value on the date donated. GASB requires that the City capitalize and report intangible assets, such as easements and internally created software.To value easements,the City uses current land values calculated from Ada County Assessor's data divided by two, internally developed software is valued at cost. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: Estimated Useful Life (Years) Buildings 30 Sewer plant 25 Sewer and water lines 50 Improvements other than buildings 10-50 Equipment and software 5-20 Public domain infrastructure 40 Maintenance, repairs, and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business-type activities are capitalized when they are material. No interest costs were included as part of the cost of capital assets under construction in the current year. As of September 30, 2020, no capital assets were considered to be impaired and no impairment loss was recognized for the year that ended September 30, 2020. Page 304 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Compensated Absences Payable The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees' termination, retirement or death. The City does not pay earned sick pay upon the employees'termination, retirement or death for non-union employees. The Fire Department union members are paid ten percent of their sick leave accrual upon the employees' voluntary termination, 25% upon employees' retirement, and 100% upon employees' death.The amount of unused vacation accumulated by City employees is accrued as an expense when incurred in the Proprietary Fund, which uses the accrual basis of accounting. In the Governmental Funds, only the amount that normally would be liquidated with expendable available financial resources is accrued as current year expenditures. Unless it is anticipated that compensated absences will be used in excess of a normal year's accumulation, no additional expenditures are accrued. Deferred Outflows/Inflows of Resources The statement of net position includes a separate section for deferred outflows of resources.The separate financial statement element represents a consumption of net position that applies to future period(s) and will not be recognized as an outflow of resources (expense) until then.The City's deferred outflow of resources is its pension obligation.The pension obligation is the difference between the expected and actual experience of the pension plan,the difference between projected and actual investment earnings,the changes in assumptions, the change the City's proportionate share of the City's net pension liability, and the contributions subsequent to the measurement date of the City's net pension liability. In addition to the liabilities,the statement of net position includes a separate section for deferred inflows of resources.This separate financial statement element represents an acquisition of net position that applies to future period(s) and will not be recognized as an inflow of resources (revenue) until then. The City has two items that qualify for reporting in the category: the deferred pension obligation and unavailable revenue.The employer deferred pension obligation results from the difference between the expected and actual experience of the pension plan.The unavailable revenue is reported in both the statement of net position and the balance sheet for the governmental fund and represents the unavailable revenues from property taxes. Pensions For purposes of measuring the net pension liability and pension expense, information about the fiduciary net position of the Public Employee Retirement System of Idaho Base Plan (Base Plan) and additions to/deductions from the Base Plan's fiduciary net position have been determined on the same basis as they are reported by the Base Plan. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Net Position For government-wide reporting as well as in the proprietary fund, the difference between assets and deferred outflows of resources less liabilities and deferred inflows of resources is called net position. Net position is comprised of three components: investment in capital assets, restricted, and unrestricted. Page 305 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Investment in capital assets—consists of capital assets, net of accumulated depreciation. Restricted net position—consists of restricted assets reduced by liabilities and deferred inflows of resources related to those assets, if applicable. Assets are reported as restricted when constraints are placed on asset use either by external parties or by law through constitutional provision or enabling legislature. Unrestricted net position—consists of the net amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that does not meet the definition of the two preceding categories. The City may fund outlays for a particular purpose from both restricted and unrestricted sources. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the City's policy to consider restricted net position to have been depleted before unrestricted net position is applied. Fund Balances Fund balance of governmental funds is reported in various categories based on the nature of any limitation requiring the use for specific purposes. Fund balances in the governmental balance sheet are categorized as follows: Non-spendable-when the resources cannot be spent because they are either legally or contractually required to be maintained intact, or are in a non-spendable form such as inventories, prepaid accounts, and assets held for resale. Restricted-when the constraints placed on the use of resources are either: (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments: or(b) imposed by law through constitutional provisions or enabling legislation. Committed-when the City Council passes an ordinance or resolution that places specific constraints on how the resources may be used. The City Council can modify or rescind the ordinance or resolution at any time through passage of an additional ordinance or resolution, respectively. Assigned-when it is intended for a specific purpose and the authority to "assign" is delegated to the City's Chief Financial Officer. Unassigned-fund balance is the residual classification for the General Fund.This classification represents fund balance that has not been restricted, committed, assigned, or deemed as non-spendable within the General Fund.This classification is also used to report any negative fund balance amounts in other governmental funds. Page 306 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 The City Council adopted a Fund Balance Policy that establishes a practice of reserving four months of the current year budget of personnel and recurring annual operating costs as minimum fund balance needed to ensure sufficient cash flow to meet the City's obligations.This reserve will be in the unassigned fund balance. This policy also recommends a spending order of restricted, committed, assigned and then unassigned unless Council approves otherwise. Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets.The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP),for liability, medical and disability insurance.The City's exposure to loss from its participation in ICRMP is limited only to the extent of their deductible. The City established the City of Meridian Employee Benefits Plan Trust (the Trust) in January of 2020.The City transferred $1.4 million of committed funds to the Trust for 2020 self-funded employee medical insurance benefit. All health claims are paid from this Trust and all plan contributions are deposited into the Trust. The City's Legal Director, Business Division Manager, Police Sergeant, and Senior Human Resources Generalist serve as trustees.The Trust's year end is December 31, and the Trust will be audited each year and a copy of the audit will be submitted to the Idaho Department of Insurance.The Trust has not been included in the City's financial statements for the current year as the Trust has not been in existence for its full fiscal year as of the City's year- end. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenditures or expenses during the reporting period. Actual results could differ from those estimates. Risks and Uncertainties The World Health Organization has declared the spread of the coronavirus disease 2019 ("COVID-19") a world- wide pandemic. COVID-19 is impacting global markets, supply chains, business, and communities. With regard specifically to the City,the full impact of COVID-19 is unknown.The City believes it is taking appropriate actions to mitigate this negative impact. However,the full impact of COVID-19 is unknown and cannot be reasonably estimated at they are still developing. Page 307 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Note 2 - Cash and Investments Cash and investments as of September 30, 2020 are classified in the accompanying financial statements as follows: Cash and cash equivalents $ 115,128,491 Cash and cash equivalents- restricted 18,207,014 Total cash and cash equivalents $ 133,335,505 Investments $ 20,061,315 Investments- restricted 2,277,208 Total investments $ 22,338.523 Investments Authorized by the State of Idaho and the City of Meridian's Investment Policy Investment types that are authorized for the City of Meridian by the Idaho Code and the City's investment policy are as follows: 1. Local,State and U.S.Agency Bonds 2. U.S.Agency Securities 3. Certificates of Deposit The City also participates in the State of Idaho Local Investment Pool (LGIP) and the State of Idaho Diversified Bond Fund (DBF). Both the LGIP and the DBF are regulated by Idaho Code under the oversight of the Treasurer of the State of Idaho.The Pools are not registered with the Securities and Exchange Commission or any other regulatory body.The State Treasurer does not provide any legally binding guarantees to support the value of the shares to participants. The LGIP is a low risk investment pool with high liquidity.Therefore, the City's investment in the pool is reported as a cash equivalent in the accompanying financial statements as it does not meet the definition of an investment.The LGIP is not currently rated by a nationally recognized rating agency.The funds are invested in short-term investments in the priority order of safety, liquidity, and yield. The DBF invests in longer term investment vehicles with higher returns over time than the LGIP.The DBF is not currently rated by a nationally recognized rating agency. However, the investment guidelines require that funds be invested in high quality securities that provide a high level of return,with a reasonable level of risk while meeting or exceeding the Barclay's Capital Intermediate A+Aggregate Fixed Income Index.The City invests money in the DBF that it does not expect to need within the next three to five years.The City's investment in the DBF is reported based on its pro-rata share of the fair market value provided by the fund for the entire portfolio. Page 308 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Fair Value Hierarchy Investments are measured at fair value on a recurring basis. Recurring fair value measurements are those that GASB Statements require or permit in the statement of net position at the end of each reporting period. Fair value measurements are categorized based on the valuation inputs used to measure an asset's fair value.The following provides a summary of the hierarchy used to measure fair value. • Level 1—Inputs are quoted prices in active markets for identical assets. • Level 2— Inputs other than quoted prices included within Level 1 that are observable for the asset or liability either directly or indirectly, including quoted prices for similar assets or liabilities. • Level 3—Valuations derived from valuation techniques in which significant valuation drivers are observable. The City's investments at September 30, 2020 are valued using the net asset value (NAV) per share, as noted below. Investments valued using the NAV generally do not have readily obtainable market values and are instead valued based on the City's pro-rata share of the pool's fair value of the underlying assets. Investments measured at the net asset value (NAV) State of Idaho Diversified Bond Fund (DBF) $ 22,338,523 Total investments at fair value $ 22,338,523 Oversight for the Diversified Bond Fund is with the Idaho State Treasurer and Idaho Code, which defines allowable investments. In general,the investment guidelines require that funds be invested in high quality securities in a manner that provides higher total return than the shorter pools given a reasonable level of risk measured over a long period. Securities in DBF are shared positions valued at current market values.The City values these investments based on information provided by the State of Idaho Treasurer's Office.The following table presents the unfunded commitments, redemption frequency and the redemption notice period for the City's investments measured at the NAV: Investments Measured at the NAV Unfunded Redemption Redemption Fair Value Commitments Frequency Notice Period State of Idaho Diversified Bond Fund (DBF) $ 22,338,523 None Monthly 5-25 days Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely impact the fair value of an investment. Generally, the longer the maturity of an investment,the greater the sensitivity of its fair value to changes in market interest rates.This risk can be managed using a calculation called duration that uses various inputs such as yield and years until maturity to estimate interest rate risk. Generally,the higher the duration number, the higher the risk.The City manages exposure to interest rate risk by purchasing a combination of long and short-term investments.The City manages the portfolio so it is not necessary to sell securities before maturity.The City's policy does not limit the duration of the investments. Page 309 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Investment Type Fair Value Rating Duration Idaho Diversified Bond Fund (DBF) $ 22,338,523 not rated 2.56 Idaho Local Government Investment Pool (LGIP) 129,432,104 not rated 0.39 Money market funds 1,641,917 not rated Other cash and cash equivalents 2,261,484 Total cash and investments $ 155,674,028 Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment.This is measured by the assignment of a rating by a nationally recognized statistical rating organization.The City's investment policy is consistent with the State Code related to credit risk. Concentration of Credit Risk When investments are concentrated in one issuer this concentration represents increased risk of potential loss. The GASB has adopted a principal that governments should provide note disclosure when five percent of the entity's total investments are concentrated in any one issuer. Investments in obligations specifically guaranteed by the U.S. Government, mutual funds, and other pooled investments are exempt from disclosure.The City's investment policy has no limitations on the amount that can be invested in any one issuer. Other than State Investment Pools, no single issuer exceeded 5%or more of the City's total investments. Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in possession of an outside party.The custodial credit risk for investments is the risk that in the event of the failure of the counterparty(e.g. broker-dealer)to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. At year end,the carrying amount of the City's cash deposits was$133,335,505 and the bank balance was $134,329,283. Of the bank balance, $250,000 was covered by federal depository insurance, $1,641,917 was collateralized with securities held at the Federal Home Bank of Seattle for First Interstate Bank and pledged to the City of Meridian, $129,239,855 was held by the State of Idaho Local Group Investment Pool, and the remainder of the City's deposits of$3,197,511 with First Interstate Bank are secured in an undivided collateral pool for public agencies. It is the City's policy to minimize exposure to custodial credit risk with investments by requiring that to the extent possible they be identified as to City of Meridian ownership and be held in the City's name.The City further reduces risk by confining investments to insured levels in any one institution. Page 310 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Note 3 - Due from Other Governmental Units The following summarizes the intergovernmental receivables at September 30, 2020: State of Idaho State Liquor Dispensary $ 302,650 State Tax Commission 1,894,727 Idaho Transportation Department 3,411 Idaho Attorney General 18,109 Idaho State Controllers Office 259,570 Federal Agencies 168,121 Meridian Rural Fire District 202,979 Ada County 30,298 Total Due from Other Governmental Units $ 2,879,865 Note 4- Note Receivable In December 2014,the City entered into an agreement to annex the homes in a subdivision outside of city limits and provide them with water and sewer service. The subdivision had a utility district, Meridian Heights Water and Sewer District(MHWSD), which was dissolved in December 2014 upon approval from the District Court.All assets and liabilities of MHWSD were transferred to the City at that time, including MHWSD's debt of $1,280,294,which is being repaid to the City by the former members of MHWSD over a period of 20 years at an interest rate of 3.5%as follows: Beginning Balance Ending Balance as of October 1, Interest and as of September 30, 2019 Adjustments Payments 2020 Long-term note receivable $ 617,042 $ 20,782 $ (111,988) $ 525,836 Fiscal Years Annual Payment 2021 $ 52,416 2022 52,416 2023 52,416 2024 52,416 2025 52,416 2026-2030 263,756 $ 525,836 Page 311 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Note 5 - Capital Assets Changes to capital assets are as follows: Balance Balance Governmental Activities Oct. 1, Sept. 30, 2019 Additions Deletions Transfers 2020 Capital assets, not depreciated Land $ 30,406,172 $ - $ 7,099 $ 80,215 $ 30,479,288 Easements 859,953 528,647 - - 1,388,600 Construction in progress 3,799,815 658,557 - (3,626,841) 831,531 Total capital assets, not depreciated 35,065,940 1,187,204 7,099 (3,546,626) 32,699,419 Capital assets,depreciated Buildings 44,534,653 2,836,708 - 3,105,812 50,477,173 Improvements other than buildings 51,860,799 629,881 - 180,889 52,671,569 Internally developed software 336,404 127,907 - - 464,311 Equipment 17,456,138 1,339,750 279,147 259,925 18,776,666 Total capital assets,depreciated 114,187,994 4,934,246 279,147 3,546,626 122,389,719 Less accumulated depreciation for Buildings 13,798,415 1,550,866 - - 15,349,281 Improvements other than buildings 16,630,129 2,506,626 - - 19,136,755 Internally developed software 93,069 60,007 - - 153,076 Equipment 11,105,866 1,580,601 267,153 - 12,419,314 Total accumulated depreciation 41,627,479 5,698,100 267,153 - 47,058,426 Total net capital assets, depreciated 72,560,515 (763,854) 11,994 3,546,626 75,331,293 Governmental activities capital assets, net $ 107,626,455 $ 423,350 $ 19,093 $ - $ 108,030,712 Page 312 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Balance Balance Business-type Activities Oct. 1, Sept. 30, 2019 Additions Deletions Transfers 2020 Capital assets, not depreciated Land $ 2,350,092 $ 3,904,790 $ - $ 3,000 $ 6,257,882 Easements 13,932,790 2,506,610 - - 16,439,400 Construction in progress 62,087,836 699,798 - (59,114,394) 3,673,240 Total capital assets, not depreciated 78,370,718 7,111,198 - (59,111,394) 26,370,522 Capital assets,depreciated Buildings and improvements other than buildings 89,316,923 5,146,320 - 56,115,325 150,578,568 Sewer and water lines 231,110,272 12,714,046 - 963,674 244,787,992 Machinery and equipment 52,351,884 634,261 90,724 2,032,395 54,927,816 Total capital assets,depreciated 372,779,079 18,494,627 90,724 59,111,394 450,294,376 Less accumulated depreciation for Buildings and improvements other than buildings 36,215,815 4,484,416 - - 40,700,231 Sewer and water lines 52,448,446 4,772,135 - - 57,220,581 Machinery and equipment 23,381,477 2,719,568 90,724 - 26,010,321 Total accumulated depreciation 112,045,738 11,976,119 90,724 - 123,931,133 Total net capital assets,depreciated 260,733,341 6,518,508 - 59,111,394 326,363,243 Business-type activities capital assets, net $ 339,104,059 $ 13,629,706 $ - $ - $ 352,733,765 Depreciation expense was charged to functions/programs of the City as follows: Governmental activities General government $ 1,366,968 Public safety 1,566,995 Parks and recreation 2,764,137 Total depreciation expense-governmental activities $ 5,698,100 Business-type activities Water and Sewer $ 11,976,119 Total depreciation expense- business-type activities $ 11,976. 119 Page 313 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Note 6- Interfund Balances and Transfers The following transfers were made for the purpose of funding operations: Transfer In Capital General Projects Fund Fund Total Transfer out General Fund $ - $ 3,258,016 $ 3,258,016 Enterprise Fund 2,732,616 - 2,732,616 Total transfers $ 2,732,616 S 3,258,016 $ 5,990.632 The transfer from the enterprise fund to the general fund was related to personnel and operating costs that were paid by the general fund during FY2020.The transfer from the general fund to the capital projects fund includes$3,091,228 from the excess of building permit revenues from the prior year and $166,788 from commitments during budget development by City Council. Note 7- Changes in Long-Term Obligations The following is a summary of changes in long-term obligations of the City for the year ended September 30, 2020: Due Balance Obligation Obligation Balance Within Oct.1, 2019 Issued Retired Sept. 30, 2020 One Year Governmental Activities Accrued vacation $ 2,096,381 $ 2,475,534 S (1,921,319) $ 2,650,596 S 304,120 Business-type Activities Accrued vacation $ 326,403 $ 340,896 $ (286,120) $ 381,179 $ 38,118 Settlement payable 240,000 - - 240,000 - $ 566,403 $ 340,896 S (286,120) $ 621,179 $ 38,118 Page 314 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Note 8- Fund Balances—Governmental Funds The following is a summary of changes in fund balances for the City for the year ended September 30, 2020: Balance Balance Oct. 1, 2019 Net Change Sept. 30, 2020 Fund Balances Nonspendable Prepaids $ 371,517 $ (50,765) $ 320,752 Restricted Impact fund 13,143,501 4,836,213 17,979,714 Impact fund budget carryforward 2,830,015 (420,914) 2,409,101 Grant fund 2,014 (2,014) - Committed Capital projects fund 14,715,784 (3,833,836) 10,881,948 Capital projects budget carryforward 50,676 4,168,401 4,219,077 Self funding trust reserve 1,400,000 (1,400,000) - Public safety fund 2,023,270 692,422 2,715,692 Assigned Capital projects fund - 3,464,073 3,464,073 General fund budget carryforward 1,671,056 31,166 1,702,222 Unassigned 39,762,673 5,632,066 45,394,739 Total fund balances S 75,970,506 S 13,116,812 S 89,087,318 Note 9- Lease Agreements The City has operating leases for office equipment and short-term land use. In FY2014 the City entered into a prepaid irrevocable use 20 year agreement with Syringa Networks, LLC for the right to use certain dark fiber in the Syringa Networks System.The City incurred costs of$1,385,250 associated with the Syringa agreement. As of September 30, 2020, the related accumulated depreciation was$421,347.The City has no ownership rights now or in the future in the fiber, but prepayment is considered an asset and recorded as a capital asset.The agreement also requires that the City pay annual maintenance and operating costs for a period of twenty years. The various equipment lease agreements cover periods from 2014 through 2033, and the minimum annual payments range from $3,514 to$13,800.Total rental expense in FY2020 for all operating leases (which include rental, maintenance and usage)was approximately$111,722. Page 315 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Future minimum annual lease payments for operating leases with remaining lease terms in excess of one year are as follows: Operating Leases 2021 $ 17,314 2022 17,314 2023 17,314 2024 17,314 2025 17,314 2026-2030 70,464 2031-2034 42,550 Total minimum obligations $ 199. 884 Note 10 - Defined Benefit Pension Plan Plan Description The City contributes to the Base Plan which is a cost-sharing multiple-employer defined benefit pension plan administered by Public Employee Retirement System of Idaho (PERSI or System)that covers substantially all employees of the State of Idaho, its agencies and various participating political subdivisions.The cost to administer the plan is financed through the contributions and investment earnings of the plan. PERSI issues a publicly available financial report that includes financial statements and the required supplementary information for PERSI.That report may be obtained on the PERSI website at www.persi.idaho.gov. Responsibility for administration of the Base Plan is assigned to the Board comprised of five members appointed by the Governor and confirmed by the Idaho Senate. State law requires that two members of the Board be active Base Plan members with at least ten years of service and three members who are Idaho citizens not members of the Base Plan except by reason of having served on the Board. Pension Benefits The Base Plan provides retirement, disability, death and survivor benefits of eligible members or beneficiaries. Benefits are based on members'years of service, age, and highest average salary. Members become fully vested in their retirement benefits with five years of credited service (5 months for elected or appointed officials). Members are eligible for retirement benefits upon attainment of the ages specified for their employment classification.The annual service retirement allowance for each month of credited service is 2.0% (2.3%for police/firefighters) of the average monthly salary for the highest consecutive 42 months. Page 316 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 The benefit payments for the Base Plan are calculated using a benefit formula adopted by the Idaho Legislature. The Base Plan is required to provide a 1% minimum cost of living increase per year provided the Consumer Price Index increases 1%or more.The PERSI Board has the authority to provide higher cost of living increases to a maximum of the Consumer Price Index movement or 6%, whichever is less; however, any amount above the 1% minimum is subject to review by the Idaho Legislature. Member and Employer Contributions Member and employer contributions paid to the Base Plan are set by statute and are established as a percent of covered compensation. Contribution rates are determined by the PERSI Board within limitations, as defined by state law. The Board may make periodic changes to employer and employee contribution rates (expressed as percentages of annual covered payroll)that are adequate to accumulate sufficient assets to pay benefits when due. The contribution rates for employees are set by statute at 60%of the employer rate for general employees and 72%for police and firefighters.As of June 30, 2020, it was 7.16%for general employees and 8.81%for police and firefighters.The employer contribution rate as a percent of covered payroll is set by the Retirement Board and was 11.94%for general employees and 12.28%for police and firefighters.The City's contributions were $4,170,673 for the year ended September 30, 2020. Pension Liabilities, Pension Expense(Revenue), and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions At September 30, 2020,the City reported a liability for its proportionate share of the net pension liability.The net pension liability was measured as of June 30, 2020, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date.The City's proportion of the net pension liability was based on the City's share of contributions in the Base Plan pension plan relative to the total contributions of all participating PERSI Base Plan employers. At June 30, 2020,the City's proportion was 0.9517364 percent compared to 0.9185572 percent at June 30, 2019. Page 317 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 For the year ended September 30, 2020, the City recognized pension expense of$8,469,548. At September 30, 2020,the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Differences between expected and actual experience $ 1,726,734 $ 721,633 Changes in assumptions or other inputs 373,762 - Net difference between Proiected and actual earning on pension plan investments 2,533,151 - Changes in the employer's proportion and differences between the employer's contributions and the employer's proportionate contributions 1,022,987 - City contributions subsequent to the measurement date 1,092,959 - Total $ 6,749,593 $ 721,633 The City reported $1,092,959 as deferred outflows of resources related to pensions resulting from Employer contributions subsequent to the measurement date and will be recognized as a reduction of the net pension liability in the year ending September 30, 2021. The average of the expected remaining service lives of all employees that are provided with pensions through the System (active and inactive employees) determined at July 1, 2019,the beginning of the measurement period ended June 30, 2020, is 4.7 years for the measurement period June 30, 2020. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows: Year ended September 30, 2021 $ 445,573 2022 1,277,856 2023 1,491,545 2024 1,720,027 $ 4,935,001 Page 318 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Actuarial Assumptions Valuations are based on actuarial assumptions,the benefit formulas, and employee groups. Level percentages of payroll normal costs are determined using the Entry Age Normal Cost Method. Under the Entry Age Normal Cost Method, the actuarial present value of the projected benefits of each individual included in the actuarial valuation is allocated as a level percentage of each year's earnings of the individual between entry age and assumed exit age.The Base Plan amortizes any unfunded actuarial accrued liability based on a level percentage of payroll.The maximum amortization period for the Base Plan permitted under Section 59-1322, Idaho Code, is 25 years. The total pension liability in the June 30, 2020 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Inflation 3 % Salary increases including inflation 3.75% Investment rate of return 7.05%, net of pension plan investment expenses Cost-of-living (COLA) adjustments 1% Mortality rates were based on the RP—2000 combined table for healthy males or females as appropriate with the following offsets: • Set back 3 years for teachers • No offset for male fire and police • Forward one year for female fire and police • Set back one year for all general employees and all beneficiaries An experience study was performed for the period July 1, 2013 through June 30, 2017 for the PERSI Base Plan, which reviewed all economic and demographic assumptions.The Total Pension Liability as of June 30, 2020 is based on the results of an actuarial valuation date of June 30, 2020. The long-term expected rate of return on pension plan investments was determined using the building block approach and a forward-looking model in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class.These ranges are combined to produce the long-term expected rate of return by weighing the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Even though history provides a valuable perspective for setting the investment return assumption,the System relies primarily on an approach which builds upon the latest capital market assumptions. Specifically, the System uses consultants, investment managers and trustees to develop capital market assumptions in analyzing the System's asset allocation.The assumptions and the System's formal policy for asset allocation are shown below. The formal asset allocation policy is somewhat more conservative than the current allocation of System's assets. Page 319 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 The best-estimate range for the long-term expected rate of return is determined by adding expected inflation to expected long-term real returns and reflecting expected volatility and correlation.The capital market assumptions are: Long-Term Long-Term Expected Nominal Expected Real Target Rate of Return Rate of Return Asset Class Allocation (Arithmetic) (Arithmetic) Core Fixed Income 30.00% 2.80% 0.55% Broad US Equities 55.00% 8.55% 6.30% Developed Foreign Equities 15.00% 8.70% 6.45% Assumed Inflation - Mean 2.25% 2.25% Assumed Inflation -Standard Deviation 1.50% 1.50% Portfolio Arithmetic Mean Return 6.85% 4.60% Portfolio Standard Deviation 12.33% 12.33% Portfolio Long-Term (Geometric) Expected Rate of Return 6.25% 3.89% Assumed Investment Expenses 0.40% 0.40% Portfolio Long-Term (Geometric) Expected Rate of Return, Net of Investment Expenses 5.85% 3.49% Portfolio Long-Term Expected Real Rate of Return, Net of Investment Expenses 4.14% Portfolio Standard Deviation 14.16% Valuation Assumptions Chosen by PERSI Board Long-Term Expected Real Rate of Return, Net of Investment Expenses 4.05% Assumed Inflation 3.00% Long-Term Expected Geometric Rate of Return, Net of Investment Expenses 7.05% Discount Rate The discount rate used to measure the total pension liability was 7.05%.The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current contribution rate. Based on these assumptions, the pension plans' net position was projected to be available to make all projected future benefit payments of current plan members.Therefore,the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability.The long-term expected rate of return was determined net of pension plan investment expense but without reduction for pension plan administrative expense. Page 320 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Sensitivity of the Employer's proportionate share of the net pension liability to changes in the discount rate. The following presents the Employer's proportionate share of the net pension liability calculated using the discount rate of 7.05 percent, as well as what the Employer's proportionate share of the net pension liability would be if it were calculated using a discount rate that is 1-percentage-point lower(6.05 percent) or 1- percentage-point higher(8.05 percent)than the current rate: Current 1% Decrease Discount Rate 1 % Increase (6.05%) (7.05%) (8.05%) Employer's proportionate share of the net pension liability $ 45,322,230 $ 22,100,579 $ 2,900,055 Pension plan fiduciary net position Detailed information about the pension plan's fiduciary net position is available in the separately issued PERSI financial report. PERSI issues a publicly available financial report that includes financial statements and the required supplementary information for PERSI. That report may be obtained on the PERSI website at www.persi.idaho.gov. Payables to the pension plan At September 30, 2020,the City reported payables to the defined benefit pension plan of$350,706 for legally required employer contributions and $232,868 for legally required employee contributions which had been withheld from employee wages but not yet remitted to PERSI. Page 321 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Note 11 - Other Commitments The City had the following commitments at September 30, 2020: Commitment Amount Animal Control Service $ 511,903 Building Improvement& Maintenance 569,758 Contracted Services 1,106,058 Dues & Contributions 681,476 Electronics &Software 476,355 Equipment 50,985 Grant Funded Expenditures 428,614 Insurance 385,025 Janitorial Services 328,519 Parks/Pathways Construction & Improvements 121,227 Professional Services 263,026 Streetlights 26,991 Wastewater Improvements 664,873 Water&Sewer Line Improvements 659,996 Well Improvements 811,115 Total commitments $ 7,085,921 Note 12 - Contingent Liabilities The City has been named as a defendant in various legal actions,the results of which are not presently determinable, except as described below. However, in the opinion of the City Attorney,the amount of losses that might be sustained, if any, would not materially affect the City's financial position. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed claims, including amounts already collected, could become a liability of the City. City management believes disallowances, if any, will not be material. In 2006,the City entered into an agreement with a developer to jointly provide water and sewer services for a subdivision under development (Bittercreek Meadows Subdivision Homeowners Association), outside the City limits.The developer put in a well and turned it over to the City so that homeowners could connect to the City water system. Since the development did not grow beyond 24 lots the City was not able to provide sewer and water services. In 2011,the agreement was nullified and the City paid damages to the developer, reimbursed the existing homeowners for their cost to connect to City water, deeded back the well,the well lot, a lift station lot, and land easements to the homeowners. Page 322 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 In 2014,the City of Meridian entered into a Settlement and Mutual Release Agreement with Bittercreek Meadows Subdivision Homeowners Association in which the City agreed to connect 24 lots to the City of Kuna's wastewater treatment plant.The cost to do this is not known since it is dependent on development of adjoining vacant land but an estimated cost of$240,000 was recorded and is reflected in the Statement of Net Position for the Proprietary Fund. Note 13 - Related Party The City partners with Meridian Development Corporation (MDC)for various downtown improvements. During the year ended September 30, 2020,the City reimbursed MDC$153,039 for a CDBG sidewalk grant project and MDC agreed to contribute$2,870 for a traffic box wrap project for the City. Note 14- Subsequent Events The City participated in the Governor's Public Safety Grant Initiative (GPSGI) in the amount of$9,886,641.The funding is provided through the Coronavirus Aid, Relief, and Economic Security(CARES)Act and provides funding to cities and counties to cover public safety payroll costs dedicated to mitigating or responding to the COVID-19 public health emergency.The funding was received by the City as a pass through from the State of Idaho in December of 2020. Note 15 - Component Unit The MDC is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. In July 2016,the City approved the establishment of MDC's second district, known as the Ten Mile District. Page 323 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 MDC—Capital Assets Changes to capital assets are as follows: Balance Balance Oct. 1, 2019 Additions Deletions Transfers Sept. 30,2020 Governmental Activities Capital assets, not depreciated Land $ 672,384 $ - $ - $ - $ 672,384 Total capital assets, not depreciated 672,384 - - - 672,384 Capital assets,depreciated Equipment 1,843 - - - 1,843 Intangibles 180,160 - - - 180,160 Total capital assets, depreciated 182,003 - - - 182,003 Less accumulated depreciation for Equipment (1,843) - - - (1,843) Intangibles (180,160) - - - (180,160) Total accumulated depreciation (182,003) - - - (182,003) Total net capital assets,depreciated - - - - - Governmental activities capital assets, net $ 672,384 $ - $ - $ - $ 672,384 MDC—Changes in Long-Term Debt MDC has a promissory note for$1,274,000 that matures on March 5, 2022 with a fixed interest rate of 3.51% collateralized by real property. The following is a summary of changes in debt of MDC for the year ended September 30, 2020. 2019 Debt Issued Debt Retired 2020 Governmental Activities Note payable- building $ 285,876 $ - $ (115,520) $ 170,356 Governmental Activities long-term liabilities $ 285,876 $ - $ (115,520) $ 170,356 Page 324 Item#16. City of Meridian, Idaho Notes to Financial Statements September 30, 2020 Maturities of the note payable are as follows for the years ended September 30: Fiscal Years Principal Interest Total 2021 $ 119,298 $ 4,174 $ 123,472 2022 51,058 180 51,238 Totals S 170,356 S 4,354 S 174.710 MDC—Line of Credit MDC has entered into a revolving line of credit with Washington Trust Bank that provides for available borrowings up to$100,000.The agreement matures on June 30, 2021 and is unsecured. Borrowings under the line of credit bear variable interest rate at 5.5% per annum.There were no amounts outstanding on the line as of September 30, 2020. Borrowings under the line of credit are subject to certain covenants and restrictions on indebtedness and dividend payments. MDC—Commitments and Contingencies On February 8, 2017, amended on March 13, 2018, MDC entered into an Owner Participation Agreement with Ten Mile Crossing, Inc., Brighton Corporation, SCS Brighton LLC, Brighton Investments LLC, SCS Investments LLC, and SBG Ten Mile Office No. 1, LLC (the Developers)to carry out the approved urban renewal plan. This agreement contemplates that the Developers will develop the property by constructing private improvements. Eligible public improvements are to be constructed in phases and reimbursed from future tax increment revenues.As of September 30, 2020, the Developers have incurred eligible expenses and requested reimbursements totaling$672,385. Of this amount, $356,473 was paid by MDC in fiscal year 2020,with the remaining amount of$315,912 to be paid, contingent upon the future receipt of tax increment. Page 325 Item#16. ?` Required Supplementary Information September 30, 2020 City of Meridian, Idaho eidebailly.com Page 326 Item#16. City of Meridian, Idaho Schedule of Employer's Share of Net Pension Liability and Employer Contributions Year Ended September 30, 2020 Schedule of Employer's Share of Net Pension Liability PERSI - Base Plan Last 7 Fiscal Years* 2020 2019 2018 2017 2016 Employer's portion of net pension liability 0.9517364% 0.9185572% 0.8693291% 0.8385367% 0.8327922% Employer's proportionate share of the net pension liablity $ 22,100,579 $ 10,485,075 $ 12,822,757 $ 13,180,358 $ 16,881,978 Employer's covered payroll $ 34,691,943 $ 31,370,306 $ 28,067,928 $ 26,158,967 $ 24,506,473 Employer's proportional share of the net pension liability as a percentage of its payroll 63.71% 33.42% 45.68% 50.39% 68.89% Plan fiduciary net position as a percentage of the total pension liability 88.22% 93.79% 91.69% 90.68% 87.26% 2015 2014 Employer's portion of net pension liability 0.8309225% 0.7877442% Employer's proportionate share of the net pension liablity $ 10,941,899 $ 5,799,030 Employer's covered payroll $ 23,418,704 $ 21,670,660 Employer's proportional share of the net pension liability as a percentage of its payroll 46.72% 26.76% Plan fiduciary net position as a percentage of the total pension liability 91.38% 94.95% * GASB Statement No. 68 requires ten years of information to be presented in this table. However, until a full 10-year trend is compiled, the City will present information for those years for which information is available. Data reported is measured at the measurement date which is as of June 30 of each year. Page 327 Item#16. City of Meridian, Idaho Schedule of Employer's Share of Net Pension Liability and Employer Contributions Year Ended September 30, 2020 Schedule of Employer Contributions PERSI -Base Plan Last 7 Fiscal Years* 2020 2019 2018 2017 2016 Statutorily required contribution $ 3,734,052 $ 3,514,771 $ 3,375,966 $ 2,827,648 $ 2,475,578 Contributions in relation to the statutorily required contribution $ 4,134,783 $ 3,669,576 $ 3,228,459 $ 3,001,437 $ 2,796,909 Contribution (deficiency) excess $ 400,731 $ 154,805 $ (147,507) $ 173,789 $ 321,331 Employer's covered payroll $ 34,957,831 $ 32,747,790 $ 28,750,964 $ 26,645,195 $ 24,966,360 Contributions as a percentage of covered payroll 11.83% 11.21% 11.23% 11.26% 11.20% 2015 2014 Statutorily required contribution $ 2,717,964 $ 2,560,496 Contributions in relation to the statutorily required contribution $ 2,682,620 $ 2,461,739 Contribution (deficiency) excess $ (35,344) $ (98,757) Employer's covered payroll $ 24,029,237 $ 22,142,233 Contributions as a percentage of covered payroll 11.16% 11.12% * GASB Statement No. 68 requires ten years of information to be presented in this table. However, until a full 10-year trend is compiled, the City will present information for those years for which information is available. Data reported is measured as of September 30 of each year. Page 328 Item#16. City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance- Budget and Actual-General Fund Year Ended September 30, 2020 Budgeted Amounts Actual Variance With Original Final Amounts Final Budget Revenues Taxes $ 36,557,451 $ 36,557,451 $ 37,269,330 $ 711,879 Licenses and permits 5,730,388 5,730,388 9,290,981 3,560,593 Intergovernmental 9,767,479 14,145,423 12,246,072 (1,899,351) Franchise fees 1,562,677 1,562,677 1,568,465 5,788 Fines and forfeitures 453,209 453,209 451,524 (1,685) Charges for services 1,961,409 1,965,409 2,001,438 36,029 Impact revenues 6,114,383 6,114,383 7,306,250 1,191,867 Donations 10,000 24,223 38,340 14,117 Interest 413,000 415,000 992,800 577,800 Miscellaneous - - 24,080 24,080 Total revenues 62,569,996 66,968,163 71,189,280 4,221,117 Expenditures General government personnel costs 5,912,775 6,074,294 5,929,037 145,257 General government operating expense 3,720,646 7,725,417 3,843,060 3,882,357 Public safety Police personnel costs 18,530,488 19,114,830 17,719,261 1,395,569 Police operating expense 4,283,201 4,313,434 3,949,196 364,238 Fire personnel costs 11,736,347 11,768,886 11,374,096 394,790 Fire operating expense 1,585,977 1,652,341 1,596,536 55,805 Parks and recreation personnel costs 3,548,905 3,676,174 3,062,589 613,585 Parks and recreation operating expense 2,359,285 2,437,493 2,122,482 315,011 Community development personnel costs 3,727,086 3,943,324 3,388,674 554,650 Community development operating expense 2,270,983 3,234,998 2,768,085 466,913 Capital outlay General government 763,520 684,953 313,487 371,466 Public safety Police 3,487,508 3,647,375 1,364,354 2,283,021 Fire 5,012,881 2,925,217 2,700,301 224,916 Parks and recreation 2,708,186 2,828,588 1,159,952 1,668,636 Community development 141,234 115,876 36,207 79,669 Total expenditures 69,789,022 74,143,200 61,327,317 12,815,883 Excess(Deficiency)of Revenues Over(Under) Expenditures (7,219,026) (7,175,037) 9,861,963 17,037,000 See Notes to Required Supplementary Information Page 329 Item#16. City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance—Budget to Actual—General Fund Year Ended September 30, 2020 Budgeted Amounts Actual Variance with Original Final Amounts Final Budget Other Financing Sources(Uses) Operating transfer in 3,220,299 3,220,299 2,732,616 (487,683) Operating transfer out (431,943) (431,943) (3,258,016) (2,826,073) Unrealized gain on investments - 300,653 300,653 Gain on sale of capital assets - - 53,803 53,803 Total other financing sources(uses) 2,788,356 2,788,356 (170,944) (2,959,300) Excess(Deficiency)of Revenues Other Sources(Uses)Over(Under) Expenditures (4,430,670) (4,386,681) 9,691,019 Fund Balance, Beginning of Year 64,295,274 64,295,274 64,295,274 Fund Balance, End of Year $ 59,864,604 $ 59,908,593 $ 73,986,293 See Notes to Required Supplementary Information Page 330 Item#16. City of Meridian, Idaho Notes to Required Supplementary Information September 30, 2020 Note 1 - Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the CFO, Department Directors, Mayor, and City Council prepare a proposed operating budget for the fiscal year commencing on October 1.The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1,the budget is legally enacted through passage of an ordinance. Budgets are not adopted on a basis consistent with generally accepted accounting principles (GAAP)for the general fund. Budgets for enterprise funds are not legally required but are adopted on a non-GAAP basis. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fund expenditures to exceed fund appropriations.The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. Page 331 Item#16. ?` Other Information September 30, 2020 City of Meridian, Idaho eidebailly.com Page 332 Item#16. City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Capital Projects Fund Year Ended September 30, 2020 Budget Amounts Variance Actual with Original Final Amounts Final Budget Revenues Interest $ 2,000 $ - $ 180,555 $ 180,555 Total revenues 2,000 - 180,555 180,555 Expenditures General government capital outlay 4,328,680 4,195,000 - 4,195,000 Parks and recreation capital outlay 1,237,795 50,676 26,599 24,077 Total expenditures 5,566,475 4,245,676 26,599 4,219,077 Excess(Deficiency)of revenues over(Under) Expenditures (5,564,475) (4,245,676) 153,956 4,399,632 Other Financing Sources(Uses) Operating transfer in 166,788 166,788 3,258,016 3,091,228 Unrealized gain on investments - - 13,821 13,821 Total other financing sources(uses) 166,788 166,788 3,271,837 3,105,049 Excess(Deficiency)of Revenues and Other Sources(Uses)Over(Under) Expenditures (5,397,687) (4,078,888) 3,425,793 7,504,681 Fund Balance, Beginning of Year 11,675,232 11,675,232 11,675,232 Fund Balance, End of Year $ 6,277,545 $ 7,596,344 $ 15,101,025 Page 333 Item#16. City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance-Budget and Actual-Enterprise Fund Year Ended September 30, 2020 Budgeted Amounts Variance Actual with Original Final Amounts Final Budget Revenues Water sales $ 9,398,137 $ 9,398,137 $ 9,096,483 $ (301,654) Sewer sales 16,927,632 16,927,632 16,663,011 (264,621) Other service revenues 300,000 300,000 664,892 364,892 Sale of meters 593,765 593,765 707,466 113,701 Trash billing service 796,159 796,159 1,005,045 208,886 Engineering fees 325,000 325,000 541,228 216,228 Assessment revenue and cash donations 15,886,921 16,887,242 19,087,316 2,200,074 Interest 300,000 300,000 792,905 492,905 Miscellaneous - - 5,432 5,432 Total revenues 44,527,614 45,527,935 48,563,778 3,035,843 Expenditures Administration personnel costs 4,762,252 4,941,018 4,576,069 364,949 Administration operating expenses 1,838,137 1,668,425 1,188,917 479,508 Water personnel costs 2,263,807 2,407,109 2,238,754 168,355 Water operating expenses 3,140,305 3,453,311 2,941,442 511,869 Wastewater personnel costs 31347,499 3,472,152 3,124,718 347,434 Wastewater operating expenses 3,672,602 4,699,491 2,849,337 1,850,154 Capital outlay 25,975,298 22,422,124 14,304,193 8,117,931 Total expenditures 44,999,900 43,063,630 31,223,430 11,840,200 Excess(Deficiency)of Revenues over(Under) Expenditures (472,286) 2,464,305 17,340,348 14,876,043 Other Financing Sources(Uses) Operating transfer out (2,955,146) (2,955,146) (2,732,616) 222,530 Unrealized gain on investments - 521,463 521,463 Gain (loss)on sale of capital assets (170,000) (170,000) (97,292) 72,708 Total other financing sources(uses) (3,125,146) (3,125,146) (2,308,445) 816,701 Excess(Deficiency)of Revenues and Other Sources(Uses)Over(Under) Expenditures (3,597,432) (660,841) 15,031,903 Fund Balance, Beginning of Year 48,741,648 48,741,648 48,741,648 Fund Balance, End of Year $ 45,144,216 $ 48,080,807 63,773,551 Deferred outflows 1,307,576 Deferred inflows (146,795) Net pension liabilities (4,327,339) Non current liabilities (240,000) Accrued vacation (381,179) Net invested in capital assets 352,733,765 Retainage (67,161) Net Position,GAAP Basis, End of Year $ 412,652,418 Page 334 Item#16. ?` Single Audit Information September 30, 2020 City of Meridian, Idaho eidebailly.com Page 335 Item#16. EideBailly® CPAs&BUSINESS ADVISORS Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To the Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States,the financial statements of the governmental activities,the business-type activities,the discretely presented component unit, and each major fund of the City of Meridian, Idaho (the City) as of and for the year ended September 30, 2020, and the related notes to the financial statements,which collectively comprise the City's basic financial statements and have issued our report thereon dated February 16, 2021. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Asignificant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness,yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. What inspires you,inspires us.I eidebailly.com Page 336 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Item#16. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion.The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance.This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly,this communication is not suitable for any other purpose. Boise, Idaho February 16, 2021 Page 337 Item#16. EideBailly® CPAs&BUSINESS ADVISORS Independent Auditor's Report on Compliance for Each Major Federal Program; Report on Internal Control over Compliance Required by the Uniform Guidance To the Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho Report on Compliance for Each Major Federal Program We have audited the City of Meridian's (the City) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major federal programs for the year ended September 30, 2020. The City's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of the City's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance).Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the City's compliance. Opinion on Each Major Federal Program In our opinion,the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2020. What inspires you,inspires us.I eidebailly.com Page 338 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Item#16. Report on Internal Control over Compliance Management of City of Meridian, Idaho is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance,we considered the City's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis.A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis.A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance,yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance.Accordingly, this report is not suitable for any other purpose. Boise, Idaho February 16, 2021 Page 339 Item#16. City of Meridian, Idaho Schedule of Expenditures of Federal Awards Year Ended September 30, 2020 Pass-through Federal Entity Amounts Passed- Federal Grantor/Pass-Through CFDA Identifying Through to Grantor/Program or Cluster Title Number Number Expenditures Subrecipients U.S.Department of Housing and Urban Development Community Development Block Grant- Entitlement Grants Cluster Community Development Block Grants 14.218 $ 493,860 $ 252,584 COVID-19 CDBG CARES Grant 14.218 13,696 - Total Department of Housing and Urban Development 507,556 252,584 U.S.Department of Justice Bureau of Justice Assistance COVID-19 Emergency Supplemental Funding 16.034 65,245 - U.S.Department of Transportation Passed through Idaho State Department of Transportation Highway Safety Cluster Traffic Enforcement Mobilization 20.600 M5HVE-2020-00-00-00 4,042 Traffic Enforcement Mobilization 20.600 OP-2020-00-00-00 5,000 Traffic Enforcement Mobilization 20.600 PT-2020-00-00-00 5,000 Distracted Driving Mini-Grant 20.600 SDD2001 13,032 DUI Task Force 20.616 M5HVE-2020-00-00-00 6,948 Total Department of Transportation 34,022 U.S.Department of Treasury Passed through Idaho State Controllers Office COVID-19 Coronavirus Aid,Relief,and Economic Security Act 21.019 112260 307,416 Passed through Idaho State Department of Labor Assistance for Unemployment 97.044 EMW-2012-FR-00397 14,720 Total Department of Treasury 322,136 U.S.Department of Health and Human Services Passed through Idaho Office of Drug Policy Strategic Prevention Framework 93.243 1H79SP080981-01 4,103 - Total Federal Financial Assistance $ 933,062 $ 252,584 See Notes to Schedule of Expenditures of Federal Awards Page 340 Item#16. City of Meridian, Idaho Notes to the Schedule of Expenditures of Federal Awards September 30, 2020 Note 1— Basis of Presentation The accompanying schedule of expenditures of federal awards (the Schedule) presents the federal award activity of the City under programs of the federal government for the year ended September 30, 2020. The information is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance). Because the schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position or fund balance of the City. Note 2- Summary of Significant Accounting Policies Expenditures reported in the schedule are reported on the modified accrual basis of accounting, except for subrecipient expenditures, which are reported on the cash basis. When applicable, such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Note 3 - Indirect Cost Rate The City does not draw for indirect administrative expenses, and has not elected to use the 10%de minimus cost rate. Page 341 Item#16. City of Meridian, Idaho Schedule of Findings and Questioned Costs Year Ended September 30, 2020 Section I—Summary of Auditor's Results FINANCIAL STATEMENTS Type of auditor's report issued Unmodified Internal control over financial reporting: Material weaknesses identified No Significant deficiencies identified not considered to be material weaknesses None Reported Noncompliance material to financial statements noted? No FEDERAL AWARDS Internal control over major program: Material weaknesses identified No Significant deficiencies identified not considered to be material weaknesses None Reported Type of auditor's report issued on compliance for major programs: Unmodified Any audit findings disclosed that are required to be reported in accordance with Uniform Guidance 2 CFR 200.516: No Identification of major programs: Name of Federal Program CFDA Number Community Development Block Grant/Entitlement Grants 14.218 Coronavirus Relief Fund 21.019 Dollar threshold used to distinguish between type A and type B programs: $750,000 Auditee qualified as low-risk auditee? No Page 342 Item#16. City of Meridian, Idaho Schedule of Findings and Questioned Costs Year Ended September 30, 2020 Section II—Financial Statement Findings None reported Section III—Federal Award Findings and Questioned Costs None reported Page 343 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -January 2021 Page 344 Item#17. CITY of MERIDIAN FINANCE REPORT January 2021 - FY21 Report PAGE # Investment Graphs 2 Fund Balance 3 ITI siul �� min r ' _ I , , 1 •q t 65 w h, unuuu_nnm�Tnii.._ en�niuTn��i:r: miniu Page 345 F:\Monthly Reports\Finance Reports\FY2021\FY21-Jan 04 Council Report.xlsx 1 of 3 Item#17. C�'WE IDIAN�- As of January 31, 2021 1 6 A H 0 City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL 029% IDAHO BOND FUND -JLh CASH 0.00% FIB ■FIB MoneyMarket$1,645,074 ■Cash$6,931,792 MONEYMARKET ■Idaho Bond Fund$21,855,112 ■Idaho State Pool$151,504,435 City of Meridian Interest/Investment I ncome City of Meridian Cash/I nvestments Balance by Major Fund by Major Fund $450,000 $120,000,000 $400,000 $350,000 $100,000,000 $300,000 $250,000 $80,000,000 $200,000 $60,000,000 $150,000 — $100,000 $40,000,000 $50,000 — $20,000,000 $0 — General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YFD ■FY21 ■FY20 Page 346 F:\Monthly Reports\Finance Reports\FY2021\FY21-]an 04 Council Report.xlsx 2 of 3 is Item#17. �E R,IDIAN%- IDAHO GENERAL FUND BALANCE ALLOCATIONS $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $- 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 ■Nonspendable ■Restricted ■Committed ■Assigned ■Unassigned ■Reserves ENTERPRISE FUND BALANCE ALLOCATIONS $70,000,000 $60,000,000 $50,000,000 — $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 ■Assigned ■Unassigned ■Reserves Page 347 F:\Monthly Reports\Finance Reports\FY2021\FY21-Jan 04 Council Report.xlsx 3 of 3 Fund Balance Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 21-2258: A Resolution of the Mayor and the City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary Records of the City of Meridian; and Providing an Effective Date Page 348 Item#18. CITY OF MERIDIAN RESOLUTION NO. 21-2258 BY THE CITY COUNCIL: BERNT,BORTON,CAVENER, HOAGLUN,PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI-PERMANENT AND TEMPORARY RECORDS OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50- 907(7) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, upon the advice of the City Attorney, the City Clerk has identified certain semi- permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2)and(3) because the time period for retention of such records has expired; and WHEREAS, the list of semi-permanent and temporary records ripe for destruction through December 31,2020 are identified in Exhibit A, attached. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the semi-permanent and temporary records of the City of Meridian identified in Exhibit A, attached. Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian,Idaho,this 2nd day of March, 2021. APPROVED by the Mayor of the City of Meridian,Idaho,this 2nd day of March, 2021. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION AUTHORIZING CERTAIN RECORDS FOR DESTRUCTION PAGE 1 OF 1 Page 349 Item#18. CITY ATTORNEY'S OFFICE RECORD DESCRIPTION CATEGORY YEARS Legal Department Bankruptcy Records documenting notification Semipermanent Destroy records dated Notices and Case to the city that certain individuals IC§50-907(2)(a,g) on or before December Files have filed for bankruptcy, and used 31, 2015 after receipt of to determine if the individual owes Trustee Final Report or money to the city and to file notice an Order Dismissing or claim with the court. the Case. (See Civil Information may include: debtor's Case Files for litigated name, utility accounts information, claims and adversary prepared repayment plan and actions) related documentation. Civil Case Files Pending and closed cases filed by Semipermanent Destroy records dated and against the city, including all IC§50-907(2)(g) on or before December pre-litigation, litigation, appellate 31, 2010 after date of documents (complaints, summons, last action investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records), and bankruptcy adversary action files. Departmental Reports prepared by the city Semipermanent Destroy records dated Reports attorney for the mayor and city IC§50-907(2)(e) on or before December council. 31, 2015 Land Use Appeals Appeals of land use decisions, Semipermanent Destroy records dated including staff reports, pleadings, IC§50-907(2)(g) on or before December briefs, and related records. 31, 2010 after date of last action Legal Opinions, Formal and informal opinions and Semipermanent Destroy records dated Memoranda memoranda rendered by the city IC§50-907(2)(g) on or before December attorney for the mayor, city council, 31, 2010 or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Privileged Records held in confidence by the Semipermanent Destroy records dated Administrative City Attorney's Office regarding IC§50-907(2)(g) on or before December Records confidential or privileged matters 31, 1945 including personnel investigations, settlements related to personnel matters. Settlement Settlement agreements and related Semipermanent Destroy records dated Records documentation from civil cases, IC§50-907(2)(g) on or before Dece claims, mediation, and arbitration. 3151945 Page aso Item#18. RECORD DESCRIPTION CATEGORY YEARS Risk Management Claim Files Claims for damages filed by and Semipermanent Destroy records dated against the city, including claims IC§50-907(2)(a,g) on or before December caused by city 31, 2010 provided there employees/equipment, including is no litigation. Property Damage Records, Liability Claims Records, Public Injury Reports, and related correspondence. Insurance Policy Records documenting the terms Semipermanent Destroy records dated Records and conditions of city insurance IC§50-90 7(2)(g) on or before December policies covering liability, 31, 2015 property, motor vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. Page 351 Item#18. CITY CLERK'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Correspondence Records created or received in the course Semipermanent Destroy records f administering city policies,procedures dated on or before or programs,but these records do not December 31, 2015 provide insight into significant policy, procedure or program discussions or decisions. Operational Records AudioNideo Audio and video recordings of City Semipermanent Destroy records Recordings Council, Commission and Committee dated on or before Meetings. December 31, 2015 Contracts & Agreements with vendors and other Semipermanent Destroy records Agreements to parties for the acquisition, lease, lease- IC§50- dated on or before which the City is a purchase or sale of equipment, supplies, 907(2)(b) December 31, 2010 Party services or property, letters of credit, warranty surety agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Election— Includes the following records: polling Semipermanent Destroy records General/Regular places,judges and clerks, challengers and IC§50- dated on or before (Working Files) watchers, voting machines and vote tally 907(2)(g) December 31, 2015 systems, correspondence, and other records not specifically listed in this schedule. Election ballots, including voted ballots, Temporary Destroy records unused ballots, spoiled ballots,ballot IC§50- dated on or before stubs, absentee voting, and duplicate poll 907(3)(e) December 31, 2018 books. Passports— Daily transmittal spreadsheets that Transitory Destroy records Transmittals accompany passport applications mailed dated on or before to the Department of State Regional office. December 31, 2018 Permits & Licenses Records relating to city permits and Semipermanent Destroy records licenses issued in the City Clerk's Office. IC§50- dated on or before 907 2 d December 31, 2015 Page 352 Item#18. COMMISSIONS, COMMITTEES,AND BOARDS RECORD DESCRIPTION CATEGORY RETENTION PERIOD Audio Recordings Audio recordings of commission, Semipermanent Destroy records committee, or board meetings. IC§§50- dated on or before 907 2 December 31, 2015 Minutes Summary or verbatim minutes of Semipermanent Destroy records commission, committee, or board IC§§50- dated on or before meetings; documents and other written 907(2)(g) December 31, 2015 or visual materials presented at meetings (e.g., handouts, photos, presentations, etc.). *Note: This schedule does not apply to City Council or Planning& Zoning Commission records, which are addressed in Clerk's Office Records Retention Schedule. COMMUNITY DEVELOPMENT DEPARTMENT RECORD DESCRIPTION I CATEGORY RETENTION PERIOD Administrative—All Divisions: (Community Development(CD)Departmental/Operational, Building Services, Economic Development, Land Development, Planning( Community Development Block Grant(CDBG) and C rrent/Long Range Planning) Committee/Ad-Hoc Agendas and meeting minutes/notes for Temporary Destroy records Team Records special groups convened by Community dated on or before Development for specific purposes such December 31, 2018 as understanding operational gaps, Code issues, and process delays. Correspondence Records created or received in the course Semi- Destroy records of administering city policies, pennanent dated on or before procedures, or programs, but these December 31, 2015 records do not provide insight into significant policy,procedure, or program discussions or decisions, including,but not limited to: citizen response letters, change of address notifications including corner lot change of address, and street name changes. Department Departmental records created or received Temporary Destroy records Guidelines, Policies, in the course of administering dated on or before Procedures, departmental policies,procedures, or December 31, 2048 Processes and programs,but these records do not Reports provide insight into significant policy, procedure,program, discussions, or decisions. Including, but not limited to: citizen response letters. Zoning Verification Documents, including,but not limited to: Semi- Destroy records Letter written requests for zoning analysis of a permanent dated on=Page Decembe Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD specific parcel/property and the responsive departmental opinion. Building Division—Commercial and Government Buildings Building Accela files related to commercial and Semi- Destroy records Applications for governmental buildings and projects, permanent dated on or before Commercial including, but not limited to: permit December 31, 2010 Projects and application, signs, inspection records, Government certificates of values,photos,building, Buildings mechanical, plumbing, fire, and/or electrical permits, letters, and correspondence. Building Division—Non-Commercial and Non-Government Buildings Residential Building Accela Files related to Non-commercial Semi- Destroy records Applications for and Non-governmental buildings and permanent dated on or before Non-Commercial projects, including, but not limited to: December 31, 2010 Projects and Non- permit applications, inspection records, Government photos, building, mechanical,plumbing, Buildings and/or electrical permits. Economic Develo ment - Community Development Block Grant (CDBG) Sub Recipient Documents, including,but not limited to: Semi- Destroy records Agreements and agreements, Consolidated Annual permanent dated on or before Supporting Performance Evaluation Report December 31, 2015 Documents (CAPER), sub-recipient agreements, from completion of environmental review records, PSAs program year's (and corresponding products), sub- HUD approved recipient reporting documents (activity CAPER reports, draw requests, labor files), etc. Land Development Division—Commercial and Government Buildin s Land Development Files or documents created and/or used Semi- Destroy records Commercial and in the land development phase of a permanent dated on or before Governments commercial project, including but not December 31, 2010 Project Files limited to: approval letters, QLPE letters, soil reports, and drainage calculations. Land Development Division—Non-Commercial and Non-Government Buildings (Residential) Land Development Files or documents created or used in the Semi- Destroy records Non-Commercial land development phase of a residential permanent dated on or before and Non- or commercial subdivision project, December 31, 2010 Government including, but not limited to: approval (Residential) Project letters, QLPE letters, soil report, and Files drainage calculations. Permits and Files or documents created and/or used Semi- Destroy records Inspection Records in the land developments phase of all permanent created on or —All Land Governmental, Commercial, or before December Development Residential/Commercial Subdivision 31, 2010 (Accela Record projects with Accela ID's (LD-DEV, ID's) LD-CLOT, LD-RSUB, LD-CSUB, LD- CAP, LD-MISC, LD-WSA). Page 354 Item#18. RECORD I DESCRIPTION CATEGORY RETENTION PERIOD -Planning Division-Administrative Applications Sign: Planned Sign Documents, including,but not limited to: Semi- Destroy records Program; No longer approved application, and sign permanent dated on or before issuing,but still requirements for a specific project. December 31, 2015 have existing after revocation records from property owner Page 355 Item#18. FINANCE DEPARTMENT RECORD DESCRIPTION I CATEGORY RETENTION PERIOD Administrative—All Administration,Arts & Culture, Billing, Budget, Controller, Purchasing) Correspondence Records created or received in the Semipermanent Destroy records course of administering city policies, dated on or before procedures or programs, but these December 31, 2015 records do not provide insight into significant policy,procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Special Documents related to special or non- Temporary Destroy records Projects/Initiatives confidential one-time projects. dated on or before December 31, 2018 Accounting Accounts Payable Records documenting payment of city Semipermanent Destroy records bills, including reports, invoices, check IC§50- dated on or before stubs,purchase orders, payment 907(2)(a) December 31, 2015 authorizations. Accounts Records documenting billing and Semipermanent Destroy records Receivable collection of monies owed to the city by IC§50- dated on or before vendors, citizens, organizations, 907(2)(a) December 31, 2015 governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Cash Receipts Receipt and supporting documentation. Semipermanent Destroy records IC§50- dated on or before 907(2)(a) December 31, 2015 Grant Records Records documenting the application, Semipermanent Destroy records evaluation, awarding, administration, IC§50- dated on or before reporting and status of grants applied 907(2)(g) December 31, 2010 for, received, awarded or administered from final grant by the city. Records include: closeout applications and proposals, summaries, objectives, activities,budgets, exhibits, award notices,progress reports, contracts, financial reports, and related correspondence and documentation. Liens Liens held by the city and any Semipermanent Destroy records corresponding release of liens. dated on or before Insert Code December 31, 2015 from lien release Page 356 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sales & Use Tax Used to report and remit sales tax Semipermanent Destroy records Forms collected and due to the state. IC§50- dated on or before 907(2)(a) December 31, 2015 Travel Records Records documenting requests, Semipermanent Destroy records authorizations, reimbursements, and IC§50- dated on or before other actions related to employee travel, 907(2)(a) December 31, 2015 including expense reports and receipts, vouchers and related documents. Budget Financial Reports Reports documenting the financial Semipermanent Destroy records Quarterly condition and operation of the city, IC§50- dated on or before Published Reports include information on revenues 907(2)(a) December 31, 2010 and expenditures in relation to the final budget. Financial Reports Reports and data used to document the Semipermanent Destroy records Year End financial condition and operation of the IC§50- dated on or before city, sub ledgers related to, but not 907(2)(a) December 31, 2015 including the final Audit Report. Bank Transaction Records documenting the status and Semipermanent Destroy records Records transaction activity of city bank IC§50- dated on or before accounts, including account statements. 907(2)(a) December 31, 2015 Budget Records Records used in preparing and adopting Semipermanent Destroy records the city budget, including revenue IC§50- dated on or before projections, instructions, department 907(2)(a) December 31, 2010 requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Capital Asset Record of purchase, vendor invoice and Semipermanent Destroy records Records— related documents. IC§50- dated on or before Purchase 907(2)(a) December 31, 2015 Capital Asset Record of disposal, department request Semipermanent Destroy records Records—Disposal of disposal. IC§50- dated on or before 907(2)(a) December 31, 2015 after disposal Gift and Records documenting gifts and Semipermanent Destroy records Contribution contributions to the city. IC§50- dated on or before Records 907(2)(a) December 31, 2010 Chief Financial Officer Investment Reports, statements, summaries, Semipermanent Destroy records Records correspondence and other records IC§50- dated on or before documenting and tracking investments 907(2)(a) December Page 357 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD made by the city, including the Local Government Investment Pool. Controller Accounting Transaction records within the Semipermanent Destroy records Software Records Accounting Software system: including IC§50- dated on or before —payroll, vendor listing, vendor 907(2)(a) December 31, 2010 payments, vendor purchase orders, budget transactions, cash receipts, and general ledger. Departmental Reports documenting the financial Semipermanent Destroy records Reports condition and operation of the city, IC§50- dated on or before issued on a monthly, quarterly, annual or 907(2)(e) December 31, 2010 other basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. General Ledgers Records documenting the summary of Semipermanent Destroy records accounts reflecting the financial position IC§50- dated on or before of the city, showing debit, credit and 907(2)(a) December 31, 2010 balance amounts per account,budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Journal Entries Records including detailed reports and Semipermanent Destroy records back up documentation for journal IC§50- dated on or before entries. 907 2 (a) December 31, 2015 Payroll Administrative Reports, statistical studies, and other Semipermanent Destroy records Reports records designed and used for budget IC§50- dated on or before preparation, projections, workload and 907(2)(a) December 31, 2010 personnel management, and research and general reference. Deduction Records documenting employee Semipermanent Destroy records Authorization authorization for voluntary payroll IC§50- dated on or before Records deductions. Records may include: direct 907(2)(a) December 31, 2015 bank deposits, insurance applications, after employee enrollment cards, deduction separation authorizations, approval notices, deduction terminations, and related records. Page 358 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Federal & State Records, in addition to those itemized in Semipermanent Destroy records Tax Records this section, used to report the collection, IC§50- dated on or before distribution, deposit, and transmittal of 907(2)(a) December 31, 2015 federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement(1099), employers' quarterly federal tax return(941, 941E), tax deposit coupon(8109), and similar federal and state completed forms. Garnishment Records documenting requests and court Semipermanent Destroy records Record orders to withhold wages from employee IC§50- dated on or before earnings for garnishments, tax levies, 907(2)(a) December 31, 2015 support payments, and other reasons. after termination Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Registers Year Payroll Registers: Registers or records Semipermanent Destroy records End serving the same function of IC§50- dated on or before documenting the earnings, voluntary and 907(2)(a) December 31, 2015 required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Time Records Records documenting hours worked, Semipermanent Destroy records leave hours accrued, and leave hours IC§50- dated on or before taken by city employees. Information 907(2)(a) December 31, 2015 usually includes: employee name and after employee employee number, hours worked, type separation and number of leave hours taken, total hours, dates and related data. W2s Annual statements documenting Semipermanent Destroy records individual employee earnings and IC§50- dated on or before withholdings for state and federal 907(2)(a) December 31, 2015 income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax Page 359 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD identification number, employee name and social security number, wages paid, amounts withheld, and related data. W4s Certificates documenting the exemption Semipermanent Destroy records status of individual city employees, also IC§50- dated on or before known as W-4 forms. Information 907(2)(a) December 31, 2015 includes: employee name and address, after employee social security number, designation of separation exemption status, and signature. PERSI Records Records relating to PERSI, including Semipermanent Destroy records Employer Remittance Forms, invoices, IC§50- dated on or before correspondence, financial adjustments, 907(2)(a) December 31, 2015 etc. Unemployment Records documenting employee Semipermanent Destroy records Reports earnings on a quarterly basis. Used to IC§50- dated on or before document costs and charges in the event 907(2)(a) December 31, 2015 of an unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings. Purchasing Contracts Agreements with vendors and other Semipermanent Destroy records parties either in hard copies or contained IC§50- dated on or before on the Contract Management Database 907(2)(b) December 31, 1010 for the acquisition or sale of equipment, from the date of supplies, services or property, also substantial includes insurance certificates,payment completion and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Lease Agreements Lease agreements for property or Semipermanent Destroy records equipment. IC§50- dated on or before 907(2)(b) December 31, 2015 Purchase Orders Requests and purchase orders for goods Semipermanent Destroy records or services purchased by the city. IC§50- dated on or before Information includes: department, 907(2)(a) December 31, 2010 delivery location, date, quantity, description,unit and total price, and authorizing signatures. Purchasing Records documenting competitive Semipermanent Destroy records Selection bidding and purchase of goods, services, IC§50- dated on or before and public works construction, and 907(2)(a) December 31, 2010 procurement of design professionals. from award date Records include: published notices and solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Page 360 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Utility Billing Adjustment Records documenting adjustments to Semipermanent Destroy records Registers customer water, sewer, garbage or other IC§50- dated on or before city-provided service billings for debits, 907(2)(a) December 31, 2015 credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment,justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Billing Directive Application completed by owner or Semipermanent Destroy records property manager to initiate Third Party IC§50- dated on or before billing for specified utility account. 907(2)(a) December 31, 2015 Information included: owner, property manager, tenant, move-in date, and service address. Billing/Payment Records documenting transactions on Semipermanent Destroy records Registers the water, sewer, garbage or other city- IC§50- dated on or before provided service account of each 907(2)(a) December 31, 2015 customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer's name, service address, meter reading, water usage,utility charges, payments, adjustments and related data. (records held within the billing software). Change Record Records documenting routine Semipermanent Destroy records information changes to customer IC§50- dated on or before accounts, including name and address. 907(2)(a) December 31, 2015 (Records held within the billing software). Customer File General correspondence and forms Semipermanent Destroy records related to a specific utility account. This IC§50- dated on or before information would be in addition to that 907(2)(a) December 31, 2015 found within the billing software. Documents in file may include and are not limited to: general letters,payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Page 361 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Disconnect Notice Notice to City Council to verify that no Semipermanent Destroy records to City Council customer currently slated for shut off IC§50- dated on or before due to non-payment has requested a 907(2)(a) December 31, 2015 hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Disconnect Record Records documenting a customer's Semipermanent Destroy records request for disconnection of water, IC§50- dated on or before sewer, garbage or other city-provided 907(2)(a) December 31, 2015 services. (Records held within the billing software). Meter Readings Document the readings of customer Semipermanent Destroy records water meters for billing purposes. IC§50- dated on or before Information typically includes: meter 907(2)(a) December 31, 2015 reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. records held within the billing software Renter Supplemental document completed by Semipermanent Destroy records Addendums the tenant to accept the third party IC§50- dated on or before billing for specified utility account. 907(2)(a) December 31, 2015 Information included: tenants name, service address, mailing address and hone number. Security Deposit Records documenting customer payment Semipermanent Destroy records Records of a security deposit to receive IC§50- dated on or before temporary dumpster services. 907(2)(a) December 31, 2015 Information usually includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Shut Off Turn On Electronic spreadsheet used during shut Semipermanent Destroy records off day by water department field staff IC§50- dated on or before and MUBS. Tracks customers that are 907(2)(a) December 31, 2015 to be shut off,payments, and turn-ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn- on, fee waived if applicable and general notes. Page 362 Item#18. FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Car Seat Car seat inspection forms. Semipermanent Destroy records Inspections dated on or before December 31, 2010 Correspondence General administrative correspondence, Semipermanent Destroy records including records created or received in the dated on or before course of administering city December 31, 2015 policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Equipment and Records relating to equipment and vehicles Semipermanent Destroy records Vehicle Test, owned and serviced by the City documenting dated on or before Maintenance & maintenance and repairs of equipment, December 31, 2015 Repair Records vehicles and other assets with a useful life after disposal of generally more than five years. Includes the vehicle or until following: fire hose records (such as test date, administrative need date previously tested, apparatus number, ends,whichever is station number, hose diameter, conditions longer found, service date, defects corrected, etc.), annual ladder inspections and test results, tests done on SCBA's (including flow testing), etc. Vehicle maintenance records, inspections, pump testing and repair records of apparatus. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory,performance test records, repair records, parts used and service reports. Per NFPA Standards 1901, 1961, 1852 and 1500. Buildings & Fire inspection records relating to buildings Temporary Destroy records Subdivisions— and subdivisions that have been demolished dated on or before Demolished or or are otherwise no longer in existence (never December 31, 2017 No Longer in constructed). from date of last Existence (never inspection constructed Meeting Final, approved Officer and Command Staff Semipermanent Destroy records Minutes meeting minutes. dated on or before December 31, page 363 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Narcotics Narcotic inventory and usage- hard copy, Temporary Destroy records Inventory& narcotics distributed to the engine companies. dated on or before Usage December 31, 2017 Public Records related to the design and Semipermanent Destroy records Education implementation of educational and other dated on or before Programs & outreach programs provided to the public by December 31, 2015 Publications the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and publications. Public Record Public records requests and responses. Temporary Destroy records Requests dated on or before December 31, 2018 after last action Ride-Along Signed waivers for persons requesting a ride- Destroy records Forms along with the department. Ride Along Temporary dated on or before tracking records. December 31, 2018 Structure Burn Records related to structure burns. Semipermanent Destroy records Training dated on or before Records December 31, 2010 Page 364 Item#18. HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Affirmative Records documenting city compliance with Semipermanent Destroy records Action; Equal the Civil Rights Act of 1964, the Equal IC§50-90 7(2)(g); dated on or before Employment Employment Opportunity Act of 1972 and 29 CFR December 31, 2015 Opportunity the Americans with Disabilities Act. 1602,1602.14, from request or Commission Records include: plans, policy statements, 1620.32 personnel action, Reports reports, investigations, case files and related whichever is later information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission(EEOC) documenting compliance with EEOC requirements by cities with 15 or more em to ees. Benefits Records documenting notice to employees, Semipermanent Destroy records Continuation spouses and dependents informing them of IC§50-90 7(2)(g); dated on or before their rights to continue insurance coverage 29 CFR 1627.3 December 31, 1945 after termination or disability or family after employee leave and whether coverage was elected or separation, rejected. Continuation may be under expiration of COBRA or another provision. Notice is also eligibility, or sent to a third party administrator who completion of administers the extended coverage. Records litigation, may be filed with the Employee Benefits whichever is Records or Employee Personnel Records. longest Budget Prep Working documents utilized to build base Semipermanent Destroy records Records budgets and establish yearly budgets; dated on or before worksheets, enhancements, amendments, December 31, 2010 etc. Collective Records documenting negotiations between Temporary Destroy records Bargaining the city and employee representatives, IC§50-90 7(3)(d); dated on or before including contracts, reports, negotiation 29 CFR 516.5 December 31, 2017 notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Committee Agendas and meeting minutes/notes for Semipermanent Destroy records Records special groups convened by HR for specific dated on or before purposes such as Benefits, Compensation, December 31, 2013 and Wellness. Correspondence, Correspondence created or received in the Semipermanent Destroy records Administrative course of administering City policies and dated on or before programs. December 31, 2015 Department HR guidelines, including but not limited to, Semipermanent Destroy records Guidelines, Salary Administration Guidelines. dated on or before Policies, December 31, 2010 Procedures, from date guideline Processes, and in its entirety, or Reports any part th Page 365 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD officially replaced, updated City Standard Operating Policy/Procedure Semipermanent Destroy records Manual. dated on or before December 31, 2000 from date SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR Semipermanent Destroy records processes, including but not limited to, dated on or before recruiting/interviewing processes. December 31, 2015 from date HR process in its entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding Semipermanent Destroy records the internal department operations and dated on or before procedures (e.g. Turnover, Recruiting December 31, 2010 reports, etc.). HR reports regarding department Semipermanent Destroy records performance or other management dated on or before presentations. Includes reports documenting December 31, 2010 trends, department or City performance in key areas as determined. Employee Benefits Records relating to city employee benefits Semipermanent Destroy records information such as: selection of insurance IC§§50-907(2)(g) dated on or before plans, retirement,pension, and disability and 45-610; 29 December 31, 1945 plans, deferred compensation plans, and CFR 1627.3; 29 after employee other benefit information. Records may CFR 1602.31; separation, include but are not limited to: plan selection IDAPA expiration of and application forms, enrollment records, 09.01.35.081 eligibility, or contribution and deduction summaries, completion of personal data records, authorizations, litigation, beneficiary information, notices of whichever is disability payment made, and related longest documentation. Employee Medical Document an individual employee's Semipermanent Destroy records Records medical history. These records are not IC§§50-907(2)(g) dated on or before personnel records and must be kept in a and 72-601; 29 December 31, 1945 separate location from employee personnel CFR 1602.31; 29 after employee records as required by the Americans with CFR 1910.1020 separation, Disabilities Act. Records may include,but expiration of are not limited to: medical exam records eligibility, o Page 366 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD (pre-employment,pre-assignment,periodic completion of or episodic), X-rays, and records of litigation, significant health or disability limitations. whichever is longest Employee Document of employee's work history. Semipermanent Destroy records Personnel Records Original employee personnel records are IC§§50-907(2)(g) dated on or before kept by Human Resources Department and 45-610; 29 December 31, 1945 unless otherwise specified. Records may CFR 1627.3; 29 after employee include, but are not limited to: employment CFR 1602.31; separation, applications, notices of appointment, IDAPA expiration of training and certification records, records of 09.01.35.081 eligibility, or health limitations, drug testing, salary completion of schedules, personal actions, performance litigation, evaluations, awards and other special whichever is recognition, letters of recommendation, longest investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Notes: (1)Meridian Police Department employee personnel records including original Internal Affairs files and training materials are kept by the Police Department according to the Police Department Records Retention Schedule. Upon employee separation, these records shall be forwarded to Human Resources Department. All other Police Department current employee original personnel records are kept by the Human Resources Department. (2)Meridian Fire Department employee personnel records including original training records and original records related to Union promotions are kept by the Fire Department. Upon employee separation Page 367 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD these records shall be forwarded to Human Resources Department. All other Fire Department current employee original personnel records including ICRMP and BEST training records and Union member promotion applications and PAR forms documenting a promotion are kept by Human Resources Department.. Employment Document to the U.S. Immigration and Temporary Destroy records Verification Naturalization Service that an applicant or IC§50-90 7(3)(d), dated on or before (I-9) of Job employee is eligible to work in the U.S. 8 U.S.C. § December 31, 2017 Applicants Information includes: employee information 1324a(b)(3) after date of hire or and verification data such as citizenship or (Immigration 1 year after alien status and signature, employer review Reform and employment is and verification data such as documents, Control Act) terminated, which establish identity and eligibility, and whichever is later employer's signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Forms Forms created for use by HR personnel to Transitory Until administrative facilitate work, including Performance need ends or record Review,job description template, PAR is superseded template, etc. Hazard Exposure Emergency response employees exhibiting Semipermanent Destroy records Records signs or symptoms possibly resulting from IC§50-90 7(2)(g); dated on or before exposure to hazardous substances are 29 CFR 1910.1020 December 31, 1945 required to be provided medical after employee examination and consultation. Records separation, include: employee's name and social expiration of security number; physician's written eligibility, or opinion, recommended limitations; results completion of of examinations and tests; employee litigation, medical complaints related to hazardous whichever is substance exposure; description of longest employee's duties as they relate to exposure; the employee's exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to h sician and other information. Insurance Records documenting plan descriptions and Semipermanent Destroy records Policies/Plans: summaries of city insurance policies and dated on or before Employee Group plans covering employee group health and December 31, 2010 Health and Life life benefits, including annual certification Benefits records. FPage 368 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Kinds and Levels Records documenting the description, Temporary Destroy records Chart classification and compensation of city jobs IC§50-90 7(3)(d); dated on or before and positions. Usually includes details of 29 CFR Part 1602 December 31, 2017 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Leave Applications or requests submitted by city Temporary Destroy records Applications employees for compensatory, family and IC§50-90 7(3)(d) dated on or before medical leave, long term leave and other December 31, 2017 leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Personnel Action Completed employee forms submitted to Semipermanent Destroy records (PAR) Forms HR upon initial hire,pay increase or IC§50-90 7(2)(g); dated on or before decrease, change of address, or change of 29 CFR Part 1602 December 31, 1945 supervisor. and 29 CFR after employee 1627.3 separation, expiration of eligibility, or completion of litigation, whichever is longest Position Records documenting the description, Temporary Destroy records Descriptions classification and compensation of city jobs IC§50-90 7(3)(d); dated on or before and positions. Usually includes details of 29 CFR Part 1602 December 31, 2017 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Presentations Formal departmental presentations to Semipermanent Destroy records Council, other formal bodies. dated on or before December 31, 2015 Recruitment and Documents regarding the recruitment and Temporary Destroy records Selection Records selection of city employees and contracted IC§5 0-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2018 are Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes,position advertisement records, civil service and other examination records, interview Page 369 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Police Department employee Temporary Destroy records original background investigation records dated on or before are kept by the Police Department. Upon December 31, 2018 employee separation these original records after separation shall be forwarded to the Human Resources Department for proper disposition. Meridian Fire Department Union original Temporary Destroy records recruitment records including National dated on or before Testing Network testing, application, and December 31, 2018 interview notes, for applicants who are hired, are kept by the Fire Department until the expiration of the retention period at which time they shall be properly destroyed b the Fire Department. Recruitment and Documents regarding the recruitment and Temporary Destroy records Selection Records selection of city employees and contracted IC§50-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2018 are Not Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Fire Department Union original Temporary Destroy records recruitment records including National dated on or before Testing Network testing, application, and December 31, 2018 interview notes, for applicants who are not Page 370 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD hired, are kept by the Fire Department until the expiration of the retention period at which time, they shall be properly destroyed b the Fire Department Special Projects Documents related to special, one-time Semipermanent Destroy records projects to include, but not limited to, dated on or before Employee Satisfaction Survey, Policy December 31, 2010 Review/Revision, Salary Structure Review. Surveys HR and other initiated internal surveys, Semipermanent Destroy records survey results (e.g. Salary Surveys, dated on or before Employee Satisfactions Surveys, Best Place December 31, 2010 to Work. Etc.). Training Records related to the design and Semipermanent Destroy records Programs/HR implementation of training programs IC§50-907(2)(g) dated on or before provided to employees by the City. December 31, 2015 Documents may include course from final descriptions, instructor certifications, presentation instructional materials, course outlines, and/or use class enrollment and attendance records, tests, test results, and related records. Training/Travel Records documenting attendance and Semipermanent Destroy records Records presentation by HR employees at dated on or before conventions, conferences, seminars, December 31, 2015 workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. Payroll Records documenting claims submitted by Temporary Destroy records Unemployment former city employees for unemployment IC§50-90 7(3)(d) dated on or before Claims compensation. Usually includes: claims, December 31, 2017 notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Wellness Program Records related to the management and administration of the Wellness Program including: • Wellness Challenges - Semipermanent Destroy records Correspondence and other Challenge dated on or before documentation. December 31, 2015 • Wellness Committee Meeting Semipermanent Destroy records Agendas and Minutes dated on or before December 31, 2013 • Wellness Day Off—Incentive Semipermanent Destroy records Verification Forms for Day Off dated on or before Requests December 31, 1945 (retained in accordance page 371 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Employee Benefit records retention period) Workers' Medical records related to job assignments Semipermanent Destroy records Compensation that document work-related injuries and dated on or before Records and illnesses, including but not limited to, December 31, 1990 Claims hearing test records, hazard exposure after employment records, first- aid incident records, separation physician statements, release consent forms and related correspondence, and records documenting claims submitted by city employees for work-related injuries and illnesses. These records are kept separate from employee personnel files. Page 372 Item#18. INFORMATION TECHNOLOGY(I.T.)DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Correspondence Records created or received in the course of Semipermanent Destroy records administering city policies, procedures or dated on or before programs, but these records do not provide December 31, 2015 insight into significant policy,procedure or program discussions or decisions. Operational Records Service All customer support tickets opened in Semipermanent Destroy records Management Tool service management systems. dated on or before (o �'SO-907(2)(g) December 31, 2010 (other) Department Policies, reports, and documents regarding Semipermanent Destroy records Policies and internal department operations and dated on or before Reports procedures, e. computer usage policy' IC fit. report) December 31 2015 p p g• p g p Y, password policy, service level goals, (dept. report) training materials, evaluations of materials. Outlook E-mail All e-mail messages, sent or received by Semipermanent Destroy records Messages—City City staff using City's e-mail system. (E- IC D50-907(2) dated on or before Staff Sta mail messages may be preserved elsewhere December 31, 2015 in digital or paper format for longer periods (other) (g) of time as the subject matter of such messages may require.) Page 373 Item#18. MAYOR'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Correspondence Correspondence created or received in Semipermanent Destroy records the course of administering city dated on or before policies/programs, but these records do December 31, 2015 not provide insight into significant policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Operational Records Agendas & Agendas and minutes of Director Semipermanent Destroy records Minutes Meetings, Operational Meetings, dated on or before Mayor's Youth Advisory Council, December 31, 2015 Mayor's Senior Advisory Board, and Faith Ambassador Council Meetings. Applications Forms and materials submitted with Semipermanent Destroy records application for positions or awards dated on or before administered by Mayor's Office, December 31, 2015 including applications for scholarships, Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Memoranda Mayoral memos regarding Semipermanent Destroy records proclamations, meetings, or events. dated on or before December 31, 2015 News Releases A written or recorded record directed at Semipermanent Destroy records members of the news media for the dated on or before purpose of making a newsworthy December 31, 1995 announcement. Proclamations Proclamations issued by the Mayor Semipermanent Destroy records not read at City Council meetings. dated on or before December 31, 2010 Publications Informational or promotional Semipermanent Destroy records publications of the Mayor's office, dated on or before including newsletters, flyers, marketing December 31. 2015 Page 374 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD materials, brochures, program materials. Special Projects Documents related to special or one- Semipermanent Destroy records time projects to include, but not limited dated on or before to: Strategic Plans. December 31, 2010 Videos Videos prepared weekly for Temporary Destroy records informational or promotional purposes, dated on or before e.g., City Council meetings, December 31, 2018 This Week in Meridian. Page 375 Item#18. PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas & Minutes Agendas and minutes of weekly Semipermanent Destroy records and monthly MPR staff meetings. dated on or before December 31,2010 Budget Preparation Working documents utilized to Semipermanent Destroy records Records build base budgets and establish dated on or before yearly budgets, including but not December 31, 2010 limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, and quotes for service/maintenance. Correspondence Records created or received in the Semipermanent Destroy records course of administering city dated on or before policies,procedures or programs, December 31, 2015 but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to citizen response letters. Employee Time Completed logs of employees' Semipermanent Destroy records Logs and Reports timesheets, tasks, and location; dated on or before reports and analysis of related December 31, 2015 data. Facility Permits Permits and materials including, Temporary Destroy records but not limited to: Completed Park dated on or before Alcohol and Amplified Sound December 31, 2018 Permits related to individual's or organization's park picnic shelter reservation, short-term concessions permits and related materials from vendors. Facility Reservation Completed forms and related Temporary Destroy records Application and materials collected from dated on or before Materials individuals or businesses December 31, 2018 registering for a recreation class, team, or event and other required documentation, such as proof of insurance. Destroy records dated on or before Collected Certificates of Liability Temporary December 31, 2018 Insurance from individuals or vendors. I I Page 376 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Financial Aid Completed application forms and Temporary Destroy records Applications materials submitted to request dated on or before financial assistance for children's December 31, 2018 class or program(e.g., Care Enough to Share). Incident or Accident Citizen reports of incidents, Temporary Destroy records Reports injuries, or accidents incurred dated on or before during or related to a department- December 31, 2018 sponsored or department-provided class, camp, program, reservation, or activity. Indemnity Forms, Signed waiver/indemnity Temporary Destroy records Medical Release agreement related to individual's dated on or before Forms,Waivers or organization's participation in December 31, 2018 department-sponsored or department-provided class, camp, program, reservation, activity, transportation, or travel. Recreation Activity Log sheets completed by parents Temporary Destroy records Sign In/Sign Out to signify that minor has been dated on or before Sheets dropped off or picked up from a December 31, 2018 department-sponsored or department-provided class, camp, program, or activity. Log sheets completed by Temporary Destroy records participant confirming they have dated on or before attended a class or activity. December 31, 2018 Special Event Forms Completed forms from citizens Temporary Destroy records and businesses participating in a dated on or before special event, including but not December 31, 2018 limited to vendor and sponsor contracts and entries. Surveys Internal and external outreach Semipermanent Destroy records surveys and results,presentations, dated on or before neighborhood meeting minutes, December 31, 2010 correspondence, and summary reports to solicit citizen input on parks and recreation, customer service, and process improvement. Records of public input, including survey results, neighborhood meeting minutes, correspondence, etc. Team Rosters Record of all individuals Temporary Destroy records registered for a sports team. dated on or before December 31, 2018 Page 377 Item#18. POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity reports Daily, weekly, monthly or other Semipermanent Destroy records reports documenting the activities of dated on or before ees p Y ,em to including: type of activity, Idaho Code December 31 2015 OO employees involved, time spent on SO-907 2 e activity, work completed, equipment used, etc. May include Education& Prevention Training reports. Asset forfeiture Documentation pertaining to the Semipermanent Destroy records records seizure process and obtaining approval dated on or before through the courts. 90§SO- December 31, 2015 7(2)(a) after closure of case Code enforcement Records created by code enforcement Semi- Destroy records records" officers to document a violation or permanent dated on or before investigation into a suspected December 31, 2015 violation of city ordinance that does Idaho Code) after last action not become a crime report(DR). SO-907(2)(g) Crime analysis Records documenting police efforts to Temporary Destroy records statistics anticipate, prevent, or monitor dated on or before criminal activity. May include 90§SO- December 31, 2017 statistical summaries of crime 907(3)(d) patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Crime reports Reports documenting a suicide, Prosecuted cases: (DRs) for Suicides, unattended death and/or criminal Unattended Deaths, offense and actions taken, including IC�SO- Destroy records and Major Crimes charges or arrests. Record typically 907(2)(e) dated on or before includes location of occurrence, date December 31, 1920 (murder, after final and time, handling officer, involved involuntary parties (suspects, victims,witnesses, disposition manslaughter, reporting parties, etc.) and their rape, sexual abuse personal information, summary of to a child, events and supportive documents (e.g., Non-prosecuted cases: terrorism) probable cause statements, witness Destroy records statements, runaway forms, release of dated on or befo custody forms (juveniles), criminal Page 378 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD background information December 31, 1920 (ILETS/Triple III,Ada LE Lookup, after date of last ISTARS, JDOC), documents investigative action provided by citizens and victims, citations,property invoices, release of property forms, etc.). May include polygraph records (e.g.,pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information);property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs, property reports, destruction lists,property consignment sheets, seized firearm logs, homicide evidence inventories, etc.); and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Crime reports Reports documenting a criminal Semipermanent Prosecuted cases: (DRs) and citations offense and actions taken, including for other crimes charges or arrests. Record typically IC�SO- Destroy records includes location of occurrence, date 907(2)(g) dated on or before and time, handling officer, involved December 31, 2015 parties (suspects, victims,witnesses, after final reporting parties, etc.) and their disposition personal information, summary of events and supportive documents (e.g., probable cause statements, witness Non-prosecuted cases: statements, tow slips, administrative Destroy records license suspension forms, intoxilyzer dated on or before slips,field sobriety tests forms, December 31, 2015 runaway forms, release of custody after date of last forms (juveniles), criminal investigative action Page 379 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD background information (ILETS/Triple III,Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, citations,property invoices, release of property forms,Leads Online printouts, shoplifting reports from store security officers, etc.). May include polygraph records (pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), abandoned vehicle reports,found property records, traffic collision reports,property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs,property reports, destruction lists,property consignment sheets, seized firearm logs, homicide evidence inventories, etc.), and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Digital media— Digital media attached to a crime Semipermanent Prosecuted cases: Type 1 report for a major crime. Includes video, audio, or other digital content IC,�SO- Destroy records created by a law enforcement officer 907(2)(g) dated on or before in the course of an investigation or December 31, 1920 response and attached to a crime after final report for murder, involuntary disposition manslaughter, rape, sexual abuse of a Non-prosecuted cases: child, or terrorism. Destroy records dated on or before December 31, 1920 Page 380 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD after date of last investigative action Digital media— Digital media attached to a crime Semipermanent Prosecuted cases: Type 2 report for a felony other than a major crime. Includes video, audio, or other IC�SO- Destroy records digital content created by a law 907(2)(g) dated on or before enforcement officer in the course of an December 31, 2015 investigation or response and attached after final to a crime report for a crime other than disposition murder, involuntary manslaughter, Non-prosecuted cases: rape, sexual abuse of a child, or Destroy records terrorism. dated on or before December 31, 2015 after date of last investigative action Digital media— Digital media related to an officer Temporary Destroy records Type 5X complaint. Includes video, audio, or dated on or before other digital content created by a law 90§SO- December 31, 2018 enforcement officer in the course of an 907(3)(d) investigation or response relevant to a complaint about such response or officer. Field interview An informational document written by Semipermanent Destroy records reports (FI cards) police officers relating to individuals, dated on or before events, or vehicles for which the 90 7(2)()(g) December 31, 2015 officer does not have probable cause 90 for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer's name, location of contact, date and time, reason for contact, etc. Grant records Applications and required reporting Semipermanent Destroy records documents for grants to support law dated on or before enforcement initiatives and Idaho Code § December 31, 2010 programming (e.g., crime prevention, 50-907(2)(g) after grant closeout substance abuse programs, criminal justice, SWAT). Page 381 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD Health & Welfare Referrals of suspected child abuse, Semipermanent Destroy records Referrals adult abuse and daycare complaints. dated on or before IC§50- December 31, 2015 APS & Daycare 907(2)(g from closure of complaints referral or case. Internal affairs files Records documenting department's Semipermanent Destroy records investigation of an officer's role in an dated on or before incident for the purpose of evaluating 90 (2 50- December 31, 1945 compliance with department policy 45-61 ; and 29 CFR after employee and professional standards. Records 1627.3; 29 CFR separation or typically include investigative 02 completion of materials (video and audio recordings, 16 .31 related litigation, written statements, narratives, whichever is longest analysis),polygraph records (pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), and recommended disciplinary actions, if any. Intoxilyzer 5000en, Factory and State of Idaho certificates Temporary Destroy records Draeger 9510 and for instrument; log of each person that IC§50- dated on or before LifeLoc instrument takes the breathalyzer test and December 31, 2017 records verification testing. May include 907(3A and after certificate has suspect name, date, time, results, IDAP been issued operator name, calibration check 11.03.01.013.06 results, simulated temperature in range, comments, etc. Master name index Information on individuals who are Semipermanent Destroy records records field interviewed, individuals who are dated on or before arrested, suspects or accomplices in IC§50- December 31, 1920 crimes, victims, complainants, and 907(2)(g) witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number Page 382 Item#18. RECORD DESCRIPTION CATEGORY RETENTION PERIOD (DR#), citation numbers and other identifying data. Radar equipment, Records documenting the calibration Temporary Destroy records certifications, and and maintenance of radar equipment dated on or before maintenance that may be useful in documenting the 90§SO- December 31, 2017 records accuracy of the readings. Often 907(3)(d) after equipment includes original factory certification retirement of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Training materials Records related to training programs Semipermanent Destroy records provided to MPD personnel by dated on or before presenters including City employees, 90§SO- December 31, 2015 contractors, or other presenters. May 907(2)(g) from final include course descriptions, instructor presentation and/or certifications, instructional materials, use course outlines and handouts, and attendance records. Victim Witness Notations and documents Semipermanent Destroy records System documenting contact with victims and IC§SO- dated on or before witnesses. December 31, 2000 907(2)(g) after investigation closure or disposition of case, whichever is later Written warnings Written notice provided by MPD Semipermanent Destroy records officer to member of the public to dated on or before bring attention to a potential or actual 90§SO- December 31, 2015 violation. 907(2)(g) * Note: Where record is used for legal,training, or purposes other than those enumerated in retention period, that record shall be retained according to the retention period established for other records similarly used. Page 383 Item#18. ** Note: Where record is embedded with a crime report (DR), it shall be retained according to the retention period established for the crime report. Page 384 Item#18. PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Department Records Ada County Permits issued by Ada County Semipermanent Destroy records dated on Highway District Highway District(ACHD) to dig in or before December 31, ACHD Permits public utility easement. 2015 Alarm Monitoring/ Reports of monitoring fire alarms, Semipermanent Destroy records dated on Test Results security alarms and sprinkler tests or before December 31, Reports for all relevant City-owned facilities 2015 including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Budget Preparation Work documents utilized to build Semipermanent Destroy records dated on Records base budgets and establish yearly or before December 31, budgets, including vehicle 2010 replacement worksheets, enhancements, amendments and carry forward support. Correspondence, Correspondence created or received Semipermanent Destroy records dated on Administrative in the course of administering City or before December 31, policies, procedures, or programs. 2015 Departmental Department reports, performance Semipermanent Destroy records dated on Reports management presentations. or before December 31, 2010 Engineering Capital Engineering Capital &Enhancement Semipermanent Destroy records dated on and Enhancement Plan(ECEP)—5 year Capital or before December 31, Plan (ECEP) Improvement Plan Reports. 2010 Reports Meeting Minutes Internal meeting agendas, minutes, Semipermanent Destroy records dated on sign-in sheets or before December 31, 2015 Photos, Building Photos relating to repair and Semipermanent Destroy records requiring Maintenance replacement of City-owned engineering stamps dated equipment, material, and facilities. on or before December 31, 2018 after life of structure. Destroy all other records dated on or before December 31, 2010. Presentations Departmental presentations. Semipermanent Destroy records dated on or before December 31, 2010 Safety Audits Health and Safety audits. Temporary Destroy records dated on or before December 31 Page 385 Item#18. 2017 after most recent audit Safety/Health and Safety and health documents Semipermanent Destroy records dated on Testing including but not limited to training, or before December 31, auditory testing records, respirator 1945 fit test information. Safety Meeting Topics covered and sign-up sheet for Semipermanent Destroy records dated on Agenda/ Signup employees who attended the or before December 31, Sheets meetings. 2015 Training Records documenting attendance Semipermanent Destroy records dated on and presentation by City employees or before December 31, at conventions, conferences, 2015 seminars, workshops, and similar training events. Includes training requests, training and Continuing Education Unit(CEU)tracking reports, and related correspondence. Administration Area of Impact Records related to analysis of Semipermanent Destroy records dated on Records expansion of Public Works services or before December 31, into the Area of Impact such as 1995 those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Committee Records Agendas and meeting minutes for Semipermanent Destroy records dated on special groups convened by Public or before December 31, Works such as City Services Focus 2015 Group, Construction Best Management Practices Sub- Committee, Energy. Emergency Master Emergency plan records for City Semipermanent Destroy records dated on Plans Hall, Emergency Management, and or before December 31, Continuity of Operations. 2010 Events, Public Records related to planning Public Semipermanent Destroy records dated on Works Works internal and external events. or before December 31, 2015 Rate/Fee Records Records related to establishing Semipermanent Destroy records dated on utility rates and fees, including or before December 31, calculations, research and 2000 recommendations. Special Projects Documents related to special or one- Semipermanent Destroy records dated on time projects to include,but not or before December 31, limited to: Strategic Plans, Inventory 2010 Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Page 386 Item#18. Surveys Public Works initiated internal and Semipermanent Destroy records dated on external surveys and survey results. or before December 31, 2015 Capital Projects and Facilities Engineering Correspondence, Engineering transmittals (not Temporary Destroy records dated on Engineering project-related), serviceability or before December 31, letters, Letters of Interest. 2017 Fire Flow Requests Requests from customers for fire Semipermanent Destroy records dated on flow and responses from or before December 31, Engineering staff based on computer 1945 modeling. Sewer Modeling Requests from customers to run Semipermanent Destroy records dated on Requests sewer model for capacity and sizing or before December 31, and response from Engineering staff 1945 based on computer modeling. Environmental Environmental Awards presented to citizens and Semipermanent Destroy records dated on Awards Records businesses in recognition of or before December 31, environmental contributions to the 2015 community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Pretreatment Industrial Records related to the identification, Semipermanent Destroy records dated on Pretreatment inspections sampling,permitting, or before December 31, formalized agreements and/or 2015 if at the end of the contracts between the City and IPDES permit cycle, or as individual facilities within the requested by state or business and industrial sectors that federal agencies must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications,permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention) , enforcement activities, and correspondence to and from the Industrial User. Page 387 Item#18. Permitted Facilities Records related to permitted Semipermanent Destroy records dated on facilities, including zero discharge or before December 31, permits 2010 Photos,Industrial Photos related to the identification, Semipermanent Destroy records dated on Pretreatment inspections sampling,permitting, or before December 31, formalized agreements and/or 2015 if at the end of the contracts between the City and IPDES permit cycle, or as individual facilities within the requested by state or business and industrial sectors that federal agencies must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Pretreatment Awards presented to businesses in Semipermanent Destroy records dated on Awards Records recognition of Best Management or before December 31, Practices (BMP) contributions to the 2015 Wastewater Resource Recovery Facility. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Wastewater Air Permit All documents and reports related to Semipermanent Destroy records dated on the Air Permit. Can include reports, or before December 31, manuals, data, and calibration 2011 from the date of the information. monitoring sample, measurement, report or application; or from end of permit Biosolids All documents and reports related to Semipermanent Destroy records dated on biosolids production and disposal. or before December 31, Can include Sewer Sludge 2011 until end of the Application Site Logs and Sewage IPDES permit cycle, or Sludge Management Plans. longer as requested by state or federal agencies; Destroy discharge monitoring reports dated on or before December 31, 1992 after permit expiration Confined Space A written authorization prepared Semipermanent Destroy records dated on Entry Permit prior to employee entry into a Permit or before December 31, Required Confined Space. The 2015 from date issued Department's permit contains Page 388 Item#18. specific entry space, purpose and time conditions under which the entrance will operate. Discharge Records documenting effluent Semipermanent Destroy discharge Monitoring Records quality discharged from the City monitoring reports dated wastewater treatment facility. on or before December Includes permit required supporting 31, 1992 after permit documentation. expiration. Destroy all other records dated on or before December 31, 2011, until the end of the IPDES permit cycle, or as requested by state or federal agencies Equipment Records documenting the Semipermanent Destroy records dated on Maintenance & maintenance and calibration of or before December 31, Calibration Records equipment and instruments used to 2015 after equipment undertake and monitor wastewater removed from service, treatment operations. Useful to until the end of the IPDES verify equipment reliability and for permit cycle, or as reference by regulatory agencies. requested by state or Information includes: date, type of federal agencies equipment maintained or calibrated, tests performed, repairs needed, comments, and related information. Idaho Pollutant Records documenting the Semipermanent Destroy records dated on Discharge application for and issuance of a 40 CFR 122.41 or before December 31, Elimination System permit to the City under the Idaho 2011, until the end of the (IPDES) Records Pollutant Discharge Elimination IPDES permit cycle, or as System(IPDES)program which requested by state or allows discharge of specific federal agencies pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. Reclaimed Water Includes all records related to the Semipermanent Destroy records dated on Records (REUSE) reclaimed water permit. Can include or before December 31, permits, permit applications, 2011 beyond the period of manuals,plans, agreements, data the permit, or as and reports. requested by state or federal agencies Page 389 Item#18. Sewer Maintenance Records documenting the Semipermanent Destroy records dated on and Repair Records maintenance and repair of City or before December 31, sewers. May include summaries, 2018 requiring reports, and similar records usually engineering stamps after compiled from daily work records life of structure. Destroy on a monthly or quarterly basis. records dated on or before December 31, 2015 for other records or until asset is removed from service or the administrative need ends Sewer Smoke Test Records documenting smoke tests Semipermanent Destroy records dated on Records undertaken to verify hookup to main or before December 31, sewer lines, check condition of 2010 pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. Sewer Television/ Records from contractors Semipermanent Destroy records dated on Videoscan documenting television inspections or before December 31, Inspection Records used to locate problems and defects 2015 (External) in sewer lines. Often consists of, inspections of newly constructed lines. Valve Maintenance Records documenting the location, Semipermanent Destroy records dated on Records specifications, maintenance, and or before December 31, repair of valves in the City sewer 2018 requiring system. Includes lists, charts, engineering stamps, after drawings, reports, logs, and related life of structure. Destroy records, valve location, other records dated on or identification number, run of pipe, before December 31, 2015 size, make, year installed, depth, or until asset is removed turns to open and normal position, from service or the narratives of valve maintenance and administrative need ends repair, test run,personnel completing work, dates, and related information. Wastewater Complaint letters, notes, or phone Semipermanent Destroy records dated on Customer calls and in-person complaints from or before December 31, Complaint Records customers or citizens 2011, until the end of the IPDES permit cycle, or as requested by state or federal agencies Wastewater Preventative maintenance schedules, Semipermanent Destroy records dated on Preventative work orders or before December 31, Maintenance Work 2011 or until the asset is Plan Records removed from sery Page 390 Item#18. until the period of reclaimed water permit plus two years, until the end of the IPDES Permit cycle, or as requested by state or federal agencies Water Backflow Tests Backflow assemblies test report Temporary Destroy records dated on or before December 31, 2017 Confined Space A written authorization prepared Semipermanent Destroy records dated on Entry Permit prior to employee entry into a Permit or before December 31, Required Confined Space. The 2015 from date issued Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Construction Bacteria sample results taken for Semipermanent Destroy records dated on Samples water line/well construction or before December 31, 2015 Daily Chlorine Field notes from Chlorine residuals Temporary Destroy records dated on Residuals taken from various sample ports in or before December 31, the City waters stem 2017 Digline Marking Agreements between City and Semipermanent Destroy records dated on Agreement Excavators for marking facility or before December 31, 2015 Fire Flow Reports Actual fire flow data taken from a Semipermanent Destroy records dated on particular fire hydrant or before December 31, 1945 ISO Fire Hydrant Updates to our Insurance Evaluator Semipermanent Destroy records dated on Reports notifying them of new hydrants to or before December 31, Water System 2015 Leak Letters Letters that are mailed to customer Semipermanent Destroy records dated on informing customer of a possible or before December 31, leak are attached to the service order 2015 for leak check Meter Warranty A report on meter warranty Semipermanent Destroy records dated on Report or before December 31, 1995 Safety Inspections Inspections/Reports for Gas Semipermanent Destroy records dated on Monitors, Crane, Fall Protection, or before December 31, and Fire Inspection 1990 Service Orders Records including requests from Semipermanent Destroy records dated on customer,Utility Billing, or Water or before December 31, Division to perform work or get a 2015 read at an address as well as historical logs showing service order number Page 391 Item#18. Spring flush notices Flush notices mailed to customers Semipermanent Destroy records dated on (Mailers) for spring flush of water system/ or before December 31, Maps 2015 Turbidity Reports Logs used for entering wasted water Semipermanent Destroy records dated on flushed from the water system and or before December 31, not sold. Flush locations are listed. 1995 Water Quality information, including Nephelometer Turbidity TU readings, are documented. Water Meter Water meter reports including NC Semipermanent Destroy records dated on Reports list,billing status report, autoread or before December 31, master route report, billing pre-scan 2015 report, re-reads, and water meter testing results, Sensus analytics, RNI Reports Water Quality Any mailed correspondence with Semipermanent Destroy records dated on Correspondence labs, customers, regulators or before December 31, concerning sampling 2005 Water Quality Records documenting water quality Semipermanent Destroy records dated on Master Log calls from customers or before December 31, 1995 Page 392 Item#18. IDAHO STATUTE TITLE 50, CHAPTER 9, SECTION 50-907 TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 9 ORDINANCES -- CITY CODE—RECORDS 50-907. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS. (1) "Permanent records" shall consist of. (a) Adopted meeting minutes of the city council and city boards and commissions; (b) Ordinances and resolutions; (c) Building plans and specifications for commercial projects and government buildings; (d) Fiscal year-end financial reports; (e) Records affecting the title to real property or liens thereon; (f) Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, and cemetery maps, plot plans and surveys; (g) Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, and notices of election; and (h) Other documents or records as may be deemed of permanent nature by the city council. Permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (2) "Semipermanent records" shall consist of: (a) Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts,utility and other financial records; (b) Contracts; (c) Building applications for commercial projects and government buildings; (d) License applications; (e) Departmental reports; (f) Bonds and coupons; and (g) Other documents or records as may be deemed of semipermanent nature by the city council. Semipermanent records shall be kept for not less than five (5)years after the date of issuance or completion of the matter contained within the record. (3) "Temporary records" shall consist of. (a) Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval; (b) Cash receipts subject to audit; (c) Election ballots and duplicate poll books; and (d) Other documents or records as may be deemed of temporary nature by the city council. Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the city's financial audit as provided in section 67-450B, Idaho Code. (4) "Historical records" shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they page 393 Item#18. contain. Historical records shall be retained by the city in perpetuity or may be transferred to the Idaho state historical society's permanent records repository pursuant to subsections 8. and 9. of section 67-4126, Idaho Code,upon resolution of the city council. (5) Each city council shall adopt by resolution a records retention schedule, listing the various types of city records and the retention period for each type of record. (6) The city may reproduce, retain and manage records in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the record in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document. (a) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI). (b) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch. (c) A record retained by the city in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such record, certified by the city clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing. (d) Once a semipermanent or temporary record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a duplicate of the record, and may be summarily disposed of or returned to the sender; and (ii) The provisions of this section related to retention and destruction of semipermanent and temporary records shall apply only to the record retained in the nonpaper medium. (e) Once a permanent record is retained in a nonpaper medium as authorized by this section: (i) The original paper document shall be considered a copy of the record and may be destroyed after compliance with the provisions of this subparagraph. Prior to destruction of original paper documents, the city clerk shall provide written notice, either by electronic or physical delivery, including a detailed list of the documents proposed for destruction to the Idaho state historical society. The Idaho state historical society shall have thirty (30) days after receipt of the notice to review the list and respond in writing, either by electronic or physical delivery, to the city clerk identifying any documents that will be requested to be transferred from the city to the historical society for retention in the permanent records repository. Any documents that will not be transferred for retention in the permanent records repository may be destroyed. If the city clerk receives no written response within thirty(30) days after the notice was received by the historical society, then the records proposed for destruction may be destroyed. (ii) The provisions of this section related to retention of permanent records shall only apply to the record retained in the nonpaper medium. (f) Even if a historic record is retained in a nonpaper medium as authorized by this section, the original paper record shall also be retained by the city in perpetuity, or it may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (g) Whenever any record is retained in a nonpaper medium, the city clerk shall maintain, throughout the scheduled retention period for such record, suitable equipment for displaying such record at not less than original size and for making copies of the record. (h) Whenever any record is retained in a nonpaper medium, it shall be made in duplicate and the custodian thereof shall place one (1) copy in a fire-resistant vault or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record. (7) Destruction or transfer of records: Page ss4 Item#18. (a) Permanent records shall not be destroyed, except for paper originals of permanent records retained in a nonpaper medium as provided in subsection (6)(e) of this section. Permanent records may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. (b) Semipermanent records maybe destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of semipermanent records retained in a nonpaper medium as provided in subsection(6)(d)of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (c) Temporary records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of temporary records retained in a nonpaper medium as provided in subsection(6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed. (d) Historical records may not be destroyed but may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council. History: [50-907, added 2005, ch. 41, sec. 2, p. 164; am. 2016, ch. 226, sec. 1,p. 621.] Page 395 Item#19. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2259: A Resolution Approving a Memorandum of Understanding Between the Garden City Police Department, the Boise Police Department, and the Meridian Police Department, to Grant Authority to Police Officers for Each Agency to Exercise Peace Officer Authority in the Jurisdiction of the Other Agencies; Authorizing the Mayor and the Chief of Police to Execute Said Memorandum of Understanding; and Providing an Effective Date Page 396 Item#19. CITY OF MERIDIAN RESOLUTION NO. 21-2259 BY THE CITY COUNCIL: BERNT,BORTON,CAVENER, HOAGLUN,PERRAULT, STRADER A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE GARDEN CITY POLICE DEPARTMENT, THE BOISE POLICE DEPARTMENT, AND THE MERIDIAN POLICE DEPARTMENT, TO GRANT AUTHORITY TO POLICE OFFICERS FOR EACH AGENCY TO EXERCISE PEACE OFFICER AUTHORITY IN THE JURISDICTION OF THE OTHER AGENCIES; AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN,IDAHO WHEREAS, the City of Meridian is authorized to enter into joint or cooperative action agreements, and mutual assistance compacts, with the other public agencies pursuant to Idaho Code §§ 67-2328 and 67- 2337; and, WHEREAS, the Meridian Police Department, the Boise Police Department, and the Garden City Police Department agree that it is necessary and beneficial to allow cross-deputization of the police officers of the individual agencies; and. WHEREAS, Meridian approved a similar agreement since 1998, which was most recently updated in 2017. The terms and conditions of the new Agreement are largely the same, and the intent with the new agreement is to capture the signatures of the new Mayors and Chiefs of Police for Boise and Meridian. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO AS FOLLOWS: SECTION 1. That the Memorandum of Understanding, which is a joint or cooperative action agreement and/or mutual assistance compact, by and between the Garden City Police Department, the Boise Police Department, and the Meridian Police Department, a copy of said Memorandum of Understanding marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. SECTION 2. That the Mayor and Chief of the Meridian Police Department be, and hereby are, authorized to execute said Memorandum of Understanding on behalf of City of Meridian. SECTION 3. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian,Idaho,this 2'day of March,2021. APPROVED by the Mayor of the City of Meridian,Idaho,this 2'day of March,2021. APPROVED: ATTEST: By: Mayor Robert E. Simison 3-2-2021 City Clerk 3-2-2021 Page 397 Item#19. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (MOU), made this 2nd day of March 2021, by and between the Boise Police Department, the Garden City Police Department, and the Meridian Police Department, is entered into for the purpose of granting authority to officers in each agency to exercise peace officer authority in the jurisdiction of the other agencies, commonly referred to as cross-deputization. RECITALS WHEREAS, the Boise Police Department, the Garden City Police Department, and the Meridian Police Department have previously entered into an agreement on August 12, 1998, June 4, 2002, and February 16, 2017, providing for cross-deputization of each agency's officers for mutual aid; and WHEREAS, the Boise Police Department, the Garden City Police Department, and the Meridian Police Department agree that it is necessary and desirable to continue that agreement; and WHEREAS, the Boise Police Department, the Garden City Police Department, and the Meridian Police Department agree that the previous agreement should be updated to reflect current policies and to ensure that it continues to benefit the citizens of the involved communities. NOW THEREFORE, in consideration of the mutual terms and conditions and the recitals set forth above, the Boise Police Department, the Garden City Police Department, and the Meridian Police Department understand as follows: UNDERSTANDING 1. CONDITIONS OF AUTHORIZATION It is intended that in situations where police action is necessary or should otherwise be taken, each agency is authorized to respond and take appropriate police action within the jurisdiction of the others. It is agreed that police officers of the Boise Police Department, Garden City Police Department, and the Meridian Police Department be granted lawful authority to exercise the powers of police officers within the jurisdictions of the others. All POST-certified full-time paid employees of the Garden City Police Department and the Meridian Police Department are hereby appointed and deputized by the Boise Police Chief as Special Police inside the City of Boise, with full jurisdiction within Boise city limits. This appointment is pursuant to Boise City Code § 1-10A-3. MEMORANDUM OF UNDERSTANDING - 1 Page398 Item#19. All POST-certified full-time paid employees of the Boise Police Department and the Meridian Police Department are hereby appointed and deputized by the Garden City Police Chief as Special Police inside the City of Garden City, with full jurisdiction within the city limits of Garden City. This appointment is pursuant Garden City Code § 1-8-3.C. All POST-certified full-time paid employees of the Boise Police Department and the Garden City Police Department are hereby appointed and deputized by the Meridian City Police Chief as Special Police inside the City of Meridian, with full jurisdiction within the Meridian city limits. This appointment is pursuant Meridian City Code § 6-1-7. With the exception of cases involving the Critical Incident Task Force (CITF) the criminal investigative unit of each agency shall have primary jurisdiction for follow-up investigation of crimes committed within the corporate limits of that agency's city. Each agency within this MOU may follow-up on crimes that originated within the corporate limits of their jurisdiction, even though such follow-up may include investigation within the corporate limits of any of the jurisdictions. If an investigation discloses any crime committed within the corporate limits of one of the other agencies, the officer leading the investigation will immediately notify the other agency's detective unit and cooperate with that other agency. Thereafter, the follow-up and investigation will be the responsibility of the agency that has primary jurisdiction. II. STANDARD OF CONDUCT Each police officer shall maintain standards of professional conduct required by the officer's current departmental policies and procedures. It shall be the sole duty and responsibility of an officer's employing agency to determine if there has been a breach of professional standards. Each agency shall have the responsibility to notify its officers of restrictions of jurisdiction or peace officer status due to a breach of professional standards, or other action that would limit peace officer authority for the officer. Where an officer-involved shooting, a deadly force incident, or critical incident occurs involving one or more of the agencies involved, CITF shall be automatically activated and the CITF Agreement shall be subscribed to by all participating agencies. MEMORANDUM OF UNDERSTANDING - 2 Page 399 Item#19. Ill. MEDIA RELEASES As a general guideline, media information on all cases for which this MOU is controlling will be a shared task with the primary jurisdiction assuming a lead role. However, this guideline in not intended to limit any one of the agencies from describing or withholding information regarding their participation in the situation. Whenever possible, the participating agencies will consult with one another prior to all media releases on such cases. IV. LIABILITY Assumption of liability shall be as prescribed by Idaho Code § 67-2337(4), as well as any other state of federal laws consistent with Idaho Code § 67-2337. The employing agency shall be responsible for, and assume any liability arising from, the acts of its employees participating in police actions regardless of which jurisdiction is the point of occurrence. V. AMENDMENT, DURATION, AND TERMINATION OF UNDERSTANDING This MOU may be amended by agreement of all parties. This agreement shall remain in full force and effect until terminated upon thirty (30) days written notice by any party. Notice shall be by registered or certified mail, return receipt requested. The effective date of such notice shall be three (3) days after the date of posting with the United States Postal Service. Such notice shall be sent to the Chief of Police of each participating agency. Entered in this 2nd day of March 2021, by the cities of Boise, Garden City, and Meridian, Idaho. CITY OF BOISE BOISE CITY POLICE DEPARTMENT Lauren McLean Ryan Lee Mayor Chief of Police DATE: DATE: Attest: MEMORANDUM OF UNDERSTANDING - 3 Page400 Item#19. CITY OF GARDEN CITY GARDEN CITY POLICE DEPARTMENT John G. Evans Rick Allen Mayor Chief of Police DATE: DATE: Attest: CITY OF MERIDIAN MERIDIAN POLICE DEPARTMENT Robert E. Simison Tracy Basterrechea Mayor Chief of Police DATE: 3-2-2021 DATE: Attest: Chris Johnson, City Clerk 3-2-2021 MEMORANDUM OF UNDERSTANDING - 4 Page 401 Item#20. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2260: A Resolution Approving Submission and Adoption of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report for Program Year 2019 to the United States Department of Housing and Urban Development; Authorizing the Mayor and City Clerk to Execute and Attest the Same on Behalf of the City of Meridian; and Providing an Effective Date Page 402 Item#20. CITY OF MERIDIAN RESOLUTION NO. 21-2260 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT,AND STRADER A RESOLUTION APPROVING SUBMISSION AND ADOPTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR PROGRAM YEAR 2019 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual report reviewing the consolidated performance and evaluation of the City's Community Development Block Grant("CDBG")program be submitted to the United States Department of Housing and Urban Development("HUD") in order to receive and maintain Community Development Block Grant("CDBG") funding for the Program Years 2020; and WHEREAS, the City held a public hearing on the Consolidated Annual Performance and Evaluation Report("CAPER") for Program Year 2019 ("PY19") on February 23,2021, and held a public comment period on the draft application materials from February 5, 2021 to February 23, 2021; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the PY19 CAPER, as attached hereto,be, and the same hereby is, adopted as to both form and content. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the PY19 CAPER. Section 3.That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this 2nd day of March ,2021. APPROVED by the Mayor of the City of Meridian,Idaho, this 211d day of March ,2021. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION ADOPTING CDBG DOCUMENTS—Page 1 OF 1 Page 403 Agenda Item Items Moved From Consent Agenda Agenda Item ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) Agenda Item ITEM TOPIC: #21 Meridian Arts Commission Annual Report Agenda Item ITEM TOPIC: #22 Historic Preservation Commission Annual Report Agenda Item ITEM TOPIC Police Department, Code Enforcement Division: Discussion Regarding Potential Ordinance Regulating Parking in front of mailboxes. Item#24. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1919: An Ordinance (H-2020-0101 — Daphne Square Subdivision) for Annexation of a Portion of the SW % of the SW % of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 4.97 Acres of Land from RUT to R-15 (Medium High Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 404 ADA COUNTY RECORDER Phil McGrane 2021-034933 BOISE IDAHO Pgs=4 NIKOLA OLSON 03/04/2021 08:46 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1919 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0101 — DAPHNE SQUARE SUBDIVISION) FOR ANNEXATION OF A PORTION OF THE SW '/4 OF THE SW '/4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO,AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN;ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 4.97 ACRES OF LAND FROM RUT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Berkeley Communities, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-15 (Medium High Density Residential) Zoning Districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE—Daphne Square Subdivision(H 2O20-0101) Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2nd day of March , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 2nd day of March , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 2nd day of March ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE—Daphne Square Subdivision(H 2O20-0101) Page 2 of 3 Item#24. EXHIBIT A EXHIBIT ANNEXATI0N AND R-15 ZONINta DESCRIPTION FOR DAPHNE SQUIRE SUBDIVISION A portion of the SVV 114 of theSW114uf Sectlon 27. TAN., R.1VV_, B.M..Ada County, Idaho more Particularly deaorild as follows, BECINNJ G at tha SVV corner of said Section 27 frorn which the VV114 corner of said Section 27 beers North 00°31'08" East, 2637.33 feet thence along the VVest boundary line of said Section 27 North Dl�°01'08" East. 329.50 feet a 2ngle point in the exterior boundary line of Black Cat Estates Subdivision No. 1 as file in Book 29 of Plata at Pages 1798 and 1799, records cf Ada County, Idaho thence along the exterior boundary I6ne of said Black Cat Estates Subdivision No. 1 the following cnume3 and distances- thence leaving Said Writ boundary bias South 88°1 T52" East, 660,80 feet; thence Sornh 00'31'W'West,_ 326.04 feet to a paint on the Savth boundary line of said Sectim 27, thence. along said South boundary line North 89°35'62"West, %0_84 feet to the REAL PRINT OF BEGINNING. Containin-j 4_97 S�otes, More or less. EIL 7729 � 1; C, Daphne Square Subdivision H—2020-0101 Page 408 CERTIFICATION OF SUMMARY : William L. M . Nary, City Attorney of the City of Meridian , Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . ('AU Z., ! 1 0 William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO, 214919 An Ordinance (H-2020 -0101 — Daphne Square Subdivision) for annexation of a portion of the SW '/4 of the SW '/4 of Section 27 , Township 4 North, Range 1 West, Boise Meridian , Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 4 . 97 acres of land from RUT to R- 15 (Medium High Density Residential) zoning district; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian , Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] ANNEXATION ORDINANCE — Daphne Square Subdivision (H 2O20-0101 ) Page 3 of 3 Page 407 Gm»+ EXHIBIT R 1/4 5.28 27 �\ �§ BLACK CAT ESTATES ] NO. 1 Q (D ) � 2LLJ @ ¢ m [ § c \| �f \ �Nc 65m &t 1f / 0 g 97 b |\ � | . � P lm | ��gmNm� � � S 2a 27 _ W. McMILLAN RD. »33 5-34 N5925' 80' � � :�- - : � y � 7 7 2 9 0 25 m 100 20Q 0 * or �yEc¥ Daphne Square Subdivision H-2020C101 7 kg Agenda Item Executive Session EXECUTIVE SESSION 25. Per Idaho Code 74-206(1)(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need.