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Z - Signed Order Item#6. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 4, 2021 ORDER APPROVAL DATE: MAY 18, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 46 BUILDING ) CASE NO. FP 2021-0017 LOTS AND 8 COMMON LOTS ON ) 7.58 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT THE ) APPROVAL OF FINAL PLAT TETHEROW CROSSING ) SUBDIVISION. ) BY: ERICKSON CIVIL, INC ) APPLICANT ) This matter coming before the City Council on May 4, 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 TETHEROW CROSSING SUBDIVISION, LOCATED IN THE SW '/4 OF THE SW '/4 OF SECTION 36, TOWNSHIP 4N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TETHEROW CROSSING—FILE FP 2021-0017 Page 1 of 3 Page 102 Item#6. HANDWRITTEN DATE: FEBRUARY 17, 2021, by CLINTON W. HANSEN, PLS, SHEET 1 OF 1," 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 May 4, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Tim Mokwa, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TETHEROW CROSSING—FILE FP 2021-0017 Page 2 of 3 Page 103 Item#6. issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 18th day of May 2021. By: Robert E. Simison 5-18-2021 Mayor, City of Meridian Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-18-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TETHEROW CROSSING—FILE FP 2021-0017 Page 3 of 3 Page 104 EXHIBIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/4/2021 Legend DATE: F-ojecl bmflton TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 �q SUBJECT: FP-2021-0017 Tetherow Crossing Final Plat LOCATION: The site is located northeast of N. Linder Rd and W. Ustick Rd I. PROJECT DESCRIPTION Final plat consisting of 46 buildable lots and 8 common lots on 7.58 acres of land in the R-8 zoning district,developing in a single phase. II. APPLICANT INFORMATION A. Applicant/Representative: Ross Erickson,Erickson Civil Inc—6213 N. Cloverdale Rd. Ste 125,Boise,ID 83713 B. Owner: Dennis Creek—770 E. Clear Creek Dr,Meridian,ID, 83646 III. STAFF ANALYSIS The annexation,zoning,development agreement and preliminary plat for this development were approved by City Council on February 9,2021 (H-2020-0112,DA Instr. #2021-046529). The preliminary plat consisted of 46 building lots and 8 common lots. All lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat does not increase the number of building lots and or decrease the amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 Page 105 Item#6. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 106 Item#6. V. EXHIBITS A. Preliminary Plat(date: 11/9/2021) 4 F1 E E - E E-EET FW E.EET E T-Tr-HE hIFN'MxWn'I�r+a ,E-E ,E-IE, F"I'vn*blr 16011owLLO w*1 -+TE T E E OIeIOX'CJgr1BCJr5 .'- - ` +� �.. F �'' ,LidAW4911CY '� - .— I��- _ S�• - - 14 WT— r II f � . -r - ,� I __I , � r 1l�I � IF Ef 1 1- ! eel-fir r ♦3 — - _ Fr i ' I"I S-' 4 E I ry PRELIMINARY PLAT (R-8) Page 3 Page 107 B. Final Plat(date: 2/17/2021) NA e Item#6. C. Preliminary Plat Color Landscape Plan(date: 11/9/2020) r LA—f �3rt ti _ sub vtmeT+wT� -- i.oFfl. 7'I TvrA . 11' d IS .. Iy EYJSTR46 7032S TO TIL,-+jzr TO Ce '� R VefTZ LAT�IGE T �. LIUM-SEEEM?IV FE3. f TO. 6RASS FOP FlhWAAL I I IT,F,) visTLmv wE trrvi 3•.'. I C.MHECMEM •- ir' P#7H Aij T37 5-3 GE:A u—YF- d— _. �, _ FWL[,OJfpw1 �- T 7-a I J I _ ea I 1 I - I 4-5 pi 1-3 rr 1 I I I , 'r'-3 I Ij-e I �B-a I 13-'J I 7ti5 I 11-e I R-} i S-i k+} _r/ZW;L u i_ SHaB:EFD —LN€�X i I rlp(4��g1p .' TRa�TerJ fTTFJ SJF�EI�ft'.'�; 91dM � l,l I + M.uSnrk�Cr Page 5 Page 109 Item#6. D. Final Plat Landscape Plan North(date: 2/17/2021) --- — — NI-TkIH I FR'..,TI T lc A l�t� •1 i ExI51 RL.J1;LCl al +f l ,1,Lk .q.L irTrl 2 F'ET-STATION. - EE "'S" 6LH 4FY - G. y,'+f• E1115TWO TREES TO RE-101 IT *Y.-F1-Tt M Op 9 � � fRF! ��. LaNLN�cafR LJ4L+•O d118H�x 1-5M A ' FIi I.S 7TP1 hYk3f'f 1� ��p'' ' t rL -6 3.: I .7 h'VIH.Y4 LAT E',!TqqP-EMGA "'• t r•' /+L,w_�Elrr Ts CCTM ION 7•R5 . ' /.P.}yr�5 5CE LTrI�9HT L3 d�'f I �'•'i -_CRC +f�J. I1*11-j 1— 1. �L7 SFr a- .r3 PAP rT1HFik r.rlrJH I I;: `:;:f13H:•- - t"I`!R. , .'+[' NF.ICiGY+RMA .Lx:,.,. <'_.. - ``.. .. '.: .1•AHI. -,' -� '} PATMAY 97S71!N frfF'. SEM1TIN6/ui[_h 4. "y " Fx15TIN6 TRFP`+TO RFMnIH 1�'P I mo. I.,� � A5 F�'�151C1LE AU1hGEHf li] :.fJ.' I'`a`{ DITCH TILE.PICA Td BE • .: : '. 3-RS -dG *R s M FOR MMIFL+,L — — _ r �'..4• .. '. _�. 3-Fr �� vLsnWSV�R.fr'rV,' f7-fP1 EXOTIFS KEncE li t �� - `�� 31� � +J_TL # �L fi .�, . . ... ... -2 D . 1-FM Ili ¢' -_ •.'.'r}�:.. I L. RL 11K Yll."OVESTAKE ST. I'Al MATCHLINE L2 - -1 1 MATCHtINE L1 80— _ Page 6 Page 110 Item#6. E. Final Plat Landscape Plan South(date: (date: 2/17/2021) MATCHLINE L2 x I 7/ 7 MATCI LINE L1 1a-s 77, ,I �y _ Emsr INS FEW 9-3 I LLJ I - I = -I 9- — I FL-RIhsIER N 6'50LI1?VINYL _ PERIMV-T@F.F'CHGPSEE " DiL4,5111'Li- �i 't}'NT — I I I — '- 1 3 I� � I I � •'•I I I— I g 1 rI 5J YIHYL LATTICE - _Toe Ft ire-NUJ',t91 - 10 WHMGH AREAS - 3EN m t.SHi I B"TTFj" I _ TRIAMPLE ,2-6 — - �-LP 1 1+iHFV1+Y -GP A• •t • tit q. % W.SAWLAGV ST ETU m I -j w -'r 15 i 16-3 j 17-3 i 1 a-3 19-3 2U—.] 21—3 22-3 I- 6:SOLE!ulrrrtl III I I rtRIrE1FR Pk r I SEE C TL 4.51ir L9(r rJ L�H��PE I 2-PY EYPFPF2IfT`rP.b--KP -I z _ -- -t3 -FIG I-1vi I-NS I- 2-6B dtk -=b "R 9{.H ,•I 3tf3 3+t, kF I�iu 7-I 1 : I INS Cz I-HS WS 3sH I _ J 3 Fb• 3-RS .I � f 3R5. r IfWi S..RS }F�a- 1.. —.2-PY �3 .:I .. WR tinyM:7TPi I '4' 4 -R. .. P .. .. — _1 L _ �.:..: - - .. Page 7 Page 111 Item#6. F. Amenity Details �r f �t Page 8 Page 112 Item#6. Common Driveway Exhibit(date: 10/16/20) 4 -. ,, - 13-3 aw a r• *�+� 6� ��S'`M1'� CON GRETETRASH PAD 13 c 14-3. 3 M. , `CONCRETE SHARED DRIVEWAY � � q S { e — _ .. FRONT FRONT FRONT I I I k} I I BUILDING SETBAM I �—BLIILDINGSEII-MKS I ITnILDINGSETBACKS I I I I I I I I 15-3 0 4723 cF —3 17oi SF I I r, m I I I I 10M 5.00' I I 5.00' :•:r: :I... FENCE(TYP,) I I I I I I I I I - - - - I _ I�#_`_�-----� ---- --- --- —_— —--- Am I 1ED z 23-3 3942 SF Page 9 Page 113 Item#6. H. Emergency Access Exhibit(date: 4/5/21) Arl MY +u a 45 J: r._ In9U _m W a as;. LIE _ rem t. 175 x . aM .2 I } - U L t.Off as pia raU__. Iy r I U T *.yp - U RJTURE SrrF-oLcc &S -~l~ - La CT. v, raw"M3T!7 a h%a as 77A� r wt6 i16u+1+ uo -5TM C' 7s9, ass L1. J-- T-- IDM'- Ipq M r %I dye 5 r / 3 �} Ac - +oucG- �--• � c I I g ' FLN n w l l2 au I �xxf cllp C7a 90r� P�okvn��� All ! EiLopS 14.N41ESr+urE ST, ' I _ ci %� I a6 'L-- J, tiSpi - ._lCTS. .-, ~. .nzr T. -I s 8' CD ` - aaaaUUYM - 5 Mh .9e,¢P'- 1 - r--{-ftl93Y3Ya •7 F IF,-I nw C) �.,� i t 1 Ila d1 fiU I g1 In �i 9LGCIC S e ..n v xera:'3Yrx „ I '. � , --+ -a�k9i i -�-- � x!S'afsr p r - W S�4HnAG0}T --- rll JFE 3rrE ACuESS CIF 191.q a{ y VA, {}.UI' 13.01tiol�' 10 r i'J',r 1;5,�.•w �:r. -- ., r "r`G �.. .r�, Ila i. II I f` I eLoi E a MM 4 al irl' al ar r Sdtl'c19R r�ar; � 4+ AB - oor _ NS9'45'02'W MP-U erHT- -M Ifx '. � 'f t..,EA.r ', w: wG'T lib. MIF.-dEl#ES 4•- ' Page 10 Page 114 Item#6. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Instr. # 2021-046529)and preliminary plat(H-2020-0112) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by February 2,2023,within two years of the City Council's approval of the preliminary plat; or apply for a time extension,in accord with UDC 11-613-7. 3. Prior to City Engineer signature on the final plat,the final plat prepared Land Solutions, stamped by Clint W. Hansen, dated: 02/17/2021, included in Section V.B shall be revised as follows: a. Add a note that Lots 2-5, Block 2 are limited to one story. b. Note 12,add Instrument Number. c. Note 13,add ACHD Instrument Number. 4. The landscape plan prepared by Jensen Belts Associates on February 17, 2021 is approved as submitted. 5. 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. 6. Developer shall comply with all ACHD conditions of approval. 7. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. 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 10. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS 1. SITE SPECIFIC CONDITIONS 1.1 Provide a minimum 12-inch separation between storm drain manholes and sanitary sewer manholes B2 and B3. 1.2 The geotechnical investigative report prepared by GeoTek, Inc. indicate some very specific construction considerations. 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. As noted in the Geotechnical Engineering Report, groundwater was encountered in all of the excavated test pits,ranging from 4.8' to 6.9' below ground surface. Particular attention needs to be focused on ensuring that all residences constructed with crawl Page 11 Page 115 Item#6. spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system,nor the trench backfill for the sewer and/or water service lines. 2. GENERAL CONDITIONS: 2.1 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. 2.2 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. 2.3 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. 2.4 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 11-313-14A. 2.5 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. 2.6 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. 2.7 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. 2.8 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. 2.9 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 116 Item#6. 2.10 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. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be performed in conformance with MCC 11-1-413. 2.14 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. 2.15 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. 2.16 The applicant's 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. 2.17 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 proj ect. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.21 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. Page 13 Page 117 Item#6. 2.22 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. 2.23 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. 2.24 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. Page 14 Page 118 Charlene From: TimK4okwa <tmokwa@havden-homes.com> Sent: Tuesday, April 27' 2O21 2:30PK4 To: Alan Tiefenbach; Adrienne Weatherly; Andrea Pogue; Bill Nary; Charlene Way; Chris Johnson; Ted Baird Cc: Bill Parsons; Ross Erickson; Eric Scheck Subject: RE: FP-2O21-OO17TetherovvCrossing Final Plat �::'XteirinmU Sender'Please use caution with links orattachments. Thanks Alan. I have read through the report and the conditions of approval. I have no objection to any of the conditions. TimK8okwa 208.869-9786 fl I A"I Y I'll,D I'll E I'll N, HOMES From:Alan Tiefenbach <atiefenbach@meridiandty.or8x Sent:Tuesday,April Z7, ZUZ1Z:Z9PM To:Adrienne Weatherly<aweatherly@meridiancity.org>;Andrea Pogue<apogue@meridiancity.org>; Bill Nary <bnary@meridiandty.or8x; Charlene Way<cvvay@meridiandty.or8x; Chris Johnson <dohnson@meridiandty.or8x;Ted Baird <tbaird@meridiandty.or8x Cc: Bill Parsons<bparsons@meridiandty.or8x; Ross Erickson <ross@ericksondvi|.comx;Tim Mokvva <tmokvva@hayden homes.comx Subject: FP'ZUZ1'UU17Tetherovv Crossing Final Plat [CAUTION]This email WAS NOT sent by a Hayden Homes employee. Do not click on links or open attachments from this sender unless you are expecting them and know their content is safe. Call the sender to verify! Attached is the staff report for the final plat for Tetherow Crossing Final Plat.This item is scheduled to be on the consent agenda at the City Council work session on May 4, 2021.The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at4:3U pm. Please call or e-mail with any questions. |f you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office ( ) and meassoon as possible and the item will be placed on the regular meeting agenda ata subsequent meeting for discussion. A|anTiefenbach | Current Associate Planner City of Meridian | Community Development Dept. 33E. Broadway Ave., Ste. 1UZ, Meridian, Idaho 8364Z Phone: ZU8'489'U573 | Fax: ZU8'489'U571 z Item#6. Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 2 Page 120