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Home My WebLink About2023-03-14 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 14, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault (4:33 PM) 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 Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 1. Approve Minutes of the March 7, 2023 Regular Meeting 2. Jump Creek No. 6 Sanitary Sewer and Water Main Easement 3. Ten Mile Creek Apartments Private Road Sanitary Sewer and Water Main Easement 4. WaterWalk Hotel Sanitary Sewer and Water Main Easement 5. License Agreement Between the City of Meridian and Nampa & Meridian Irrigation District for a Portion of the Ten Mile Pathway and a Pedestrian Crossing at Outer Banks Subdivision 6. Development Agreement (Matador Estates Subdivision H-2022-0043) Between the City of Meridian, Nicholas Gifford, and Quantum LTD, Inc. for Property Located at 1235 E. McMillan Rd. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 7. Procurement Month Proclamation 8. Solid Waste Advisory Commission: Fiscal Year 2023 Budget Amendment in the amount of $9,400.00 for Solid Waste Advisory Commission Community Recycling Projects Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 9. Meridian Fire Department: Fire Stations 7 and 8 Construction Update 10. Nationwide Opioid Settlement Funds Acceptance Approved Motion to accept funds made by Councilwoman Strader, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 11. Parks and Recreation Department: Lakeview Golf Club Clubhouse and Course Improvements EXECUTIVE SESSION 12. Per Idaho Code 74-206 (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 and 74-206 (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Motion made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into executive session: 5:48 PM Out of executive session: 6:19 PM ADJOURNME NT 6:19 PM Meridian City Council Work Session March 14, 2023. A Meeting of the Meridian City Council was called to order at 4:33 p.m. Tuesday, March 14, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Members Absent: Joe Borton. Also present: Chris Johnson, Joy Hall, Bill Nary, Keith Watts, Darren Brasseur, Charlie Butterfield, Shawn Harper, Mike Barton, Berle Stokes, and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault(a:sapm) _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will go ahead and call this meeting to order. For the record it is Tie Day, 3/14/23, at 4:33 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: No changes for this afternoon's agenda, so I move approval of the agenda as published. Overton: Second. Simison: I have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 7, 2023 Regular Meeting Meridian City Council Work Session March 14,2023 Page 2 of 25 2. Jump Creek No. 6 Sanitary Sewer and Water Main Easement 3. Ten Mile Creek Apartments Private Road Sanitary Sewer and Water Main Easement 4. WaterWalk Hotel Sanitary Sewer and Water Main Easement 5. License Agreement Between the City of Meridian and Nampa & Meridian Irrigation District for a Portion of the Ten Mile Pathway and a Pedestrian Crossing at Outer Banks Subdivision 6. Development Agreement (Matador Estates Subdivision H-2022-0043) Between the City of Meridian, Nicholas Gifford, and Quantum LTD, Inc. for Property Located at 1235 E. McMillan Rd. Simison: First item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Overton: Second. Simison: I have a motion and a second to adopt the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda was agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 7. Procurement Month Proclamation Simison: And for the record Council Woman Perreault is here. We will move on to Department/Commission Reports. The first one up is a proclamation for Procurement Month. If I could have Darren and Keith join me at the podium that would be great. So, it's -- it's great to once again come together and have everyone in the audience be here for this momentous occasion, since you are purchasing -- for many of them -- for the work that you do. But we -- we truly do have the best procurement team in the state of Meridian City Council Work Session March 14,2023 Page 3 of 25 Idaho. They are -- they are leaders in legislation and leaders in getting work accomplished. I think we do as much work, as quite frankly, anybody in the state of Idaho. But this is Procurement Month, so we will go ahead and do -- read the proclamation, then, turn it over for any comments you would like to make from that standpoint. So, whereas the public procurement profession plays a significant role in the efficiency and effectiveness of both government and business and whereas in addition to the purchase of goods and services procurement adds value to the organization by performing such functions as executing, implementing and administering contracts, developing strategic procurement strategies and cultivating working relationships with suppliers and departments within the organization and whereas Idaho government procurement professionals dedicate themselves to providing the best value for every taxpayer dollar and continue to expand their knowledge, skills and abilities and whereas the Idaho Public Purchasing Association, IPPA, through its members, is committed to providing high caliber strategic, logistical and operational support of all agencies associated with the chapter and whereas the IPPA recognizes, supports and practice the public procurement values and guiding principles of accountability, ethics, impartiality, professionalism, service and transparency established by the Institute for Public Procurement. Therefore, I, Mayor Robert E. Simison, hereby proclaim March 2023 as Procurement Month in the City of Meridian and urge the residents of our community to join the Idaho Public Purchasing Association in recognizing the role of the purchasing and materials management profession within business, industry and government, dated this 14th day of March 2023. So, Keith, Darren, thank you for all you do and appreciate this and with this proclamation and I will turn it over to you. Watts: Thank you. I just want to say thanks to all the employees and our Council. You guys have always been good supporters of us. I also want to introduce Darren, because a lot of you probably haven't met Darren. This is our buyer Darren Brasseur. He started -- came on in July. He hasn't had the opportunity to come up and speak or present anything yet, but we are getting there. But, once again, thanks to everybody. Thanks for your patience. We know that it's been a tough year last year and things are looking up for us. So, appreciate the support. Thank you, Mayor. 8. Solid Waste Advisory Commission: Fiscal Year 2023 Budget Amendment in the amount of $9,400.00 for Solid Waste Advisory Commission Community Recycling Projects Simison: Okay. With that we will move on to Item 8, which is Solid Waste Advisory Commission fiscal year 2023 budget amendment in the amount of 9,400 for Solid Waste Advisory Commission community recycling projects. I will turn this over to Mr. Cory. Cory: Thank you, Mr. Mayor, Members of Council. I stand here before you representing the Solid Waste Advisory Committee. My name is Steve Cory and I'm chair. On behalf of SWAC we are recommending the use of some of the community recycling fund program funds to cover costs for the squishy water bottle and glass programs that are run over at the Meridian Transfer Station. You have been given a Meridian City Council Work Session March 14,2023 Page 4 of 25 pretty good background memorandum with a lot of the -- the item -- discussion about the two programs and I want to thank Public Works for putting that together for you. We have -- we, as SWAC, have come to understand that there are many citizens that appreciate these programs and we think that they ought to continue in FY-2024 I guess it would be and with that -- I'm not going to go ahead and dwell on the details, I'm going to just make myself available for questions if you have any questions on the memorandum. Simison: Thank you, Steve. Council, any questions at this time? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Not a question, just a comment. I think it's great, Chairman Cory, that we are using the recycling fund revenue to help support the recycling programs. It makes logical sense to me. My only question was just the contamination situation kind of at the transfer station. Are we seeing that in the glass and squishy water bottles or are those still working out pretty well? Cory: On the glass, yes, it's been pretty clean on that. That works out rather well, because they have got to go ahead and crush the glass to go ahead and load it to ship it out of the city. So, it does get a pretty thorough check on it. The plastic had some issues last year. One load had to be diverted, but four of the loads went across and got included in the system and we do indeed think we have got it under control now with the signage -- new signage and regular checks out there and that the stream has cleaned up and is clean enough. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: That's good to hear. Just the memo says that this is a budget amendment for FY-23 and, then, I'm assuming you will continue something similar for '24, but just wanted to check that since you mentioned it. Cory: You are correct. Yeah. I probably misspoke on that. We are talking about FY- 23 and we will take a look at it through this year. There may be other ways to look at this, but, yeah, if there is nothing else on it I think this is a good recommendation for use of CFRP funds. Strader: Okay. Thank you. Simison: Council, any additional or do I have a motion? Strader: Mr. Mayor? Meridian City Council Work Session March 14,2023 Page 5 of 25 Simison: Council Woman Strader. Strader: I move that we approve Item E, the fiscal year '23 budget amendment in the amount of 9,400 for the community recycling projects. Cavener: Second. Overton: Second. Simison: I have a motion and a couple seconds. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the amendment is agreed to. Thank you, Steve. Cory: Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. 9. Meridian Fire Department: Fire Stations 7 and 8 Construction Update Simison: So, with that we will move on to Item 9, which is the Meridian Fire Department Fire Station 7 and 8 construction updates and we will -- see that we have Deputy Chief Butterfield here for an update. Butterfield: Good evening, Mayor, Members of Council. I have a brief update for you to bring you up to speed on where we are at with Fire Station 7 and 8 in the construction phase. So -- so, I will start with the Fire Station 7. Right now we are looking at 46 percent completed as you can tell by the picture on your screen we do have a -- the roof sheathing is -- is being completed down there. MEP, mechanical, electrical and plumbing roughed in on the interior. Most of the interior stud walls have been built and so we are moving through that phase and we are starting the site grading all around for parking lots and getting prepared for what will be the future landscaping. We are currently on budget with Station 7 and no concerns with where we are at budgetarily on that and our completion schedule for Station 7 late September, early October 2023. So, we are still tracking pretty well from where we initially started out as well on that and Recreation Ave., which is that road that will access this and also access the park on the east side of the station is currently being constructed as well. Fire Station 8 we are at 41 percent complete. Trusses are being installed right now. MEP, mechanical, electrical and plumbing is being roughed in as well on the inside and we are going to start the grading on that site at the end of this month. Budget. We are tracking on budget. No concerns with the budget from my perspective. Completion schedule. We did have about 20 days delay on the CMU delivery, the block, just with supply chain issues. So, we are doing our best to kind of catch up, but right now we are tracking Meridian City Council Work Session March 14,2023 Page 6 of 25 about two weeks -- a little over two weeks behind. But we still are on track for a late September, mid-October 2023 opening for that station as well. As it relates to our onboarding of personnel -- I know this isn't necessarily the construction piece, but I do want to update Council, because we are bringing on a total of 30 personnel for these stations. So, two lateral fire academies have been completed. So, we do have 15 personnel that have been onboarded and, then, the next 16 that we have -- we did have one -- one person that did resign, so we did pick them up to add them to our academy. That academy will start in April and that is a 16 week full academy for those people. So, we are tracking really on board for the schedule as it relates to the onboarding of staff and getting these new stations built on time as well. And certainly I want to give a lot of thanks to the training division, which is working exceptionally hard to make sure that we are getting all of these people -- the right people on our department trained and ready. So, once those stations are up and running we will have all the personnel that we need. And, then, in closing multiple teams of people every day working a lot of hours to make sure that these projects are coming in on budget, on time as best as we can, and -- and working to make sure that we do ultimately have the finest fire stations in the state of Idaho in my opinion. But that's just one guy's opinion. So, with that I would be happy to stand for any questions. Simison: Thank you, Charlie. I know it's pretty quick, but I think the pertinent information was hopefully delivered. Council, questions for the Fire Department or members of the team that are here supporting them? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks. Just curious how are we utilizing this enhanced staffing in the meantime? Are we, you know, ramping up our teams on kind of a pilot for certain stations to see if having larger crews is helpful or how are we deploying the extra staff between the time that they are trained and the time that we open? Butterfield: Yeah. Absolutely, Council Member Strader. We are actually moving to four person staffing on the engines. So, minimum is three staffing. So, most of our engines right now are running at four staff. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It would be great if you guys could track the data along with that on our responses and stuff just to see if having that enhanced staffing helps. Thanks. Butterfield: Certainly. We can look at that. Perreault: Mr. Mayor? Meridian City Council Work Session March 14,2023 Page 7 of 25 Simison: Council Woman Perreault. Perreault: I don't have any questions. I did receive an update on this from Chief Blume yesterday and just want to get a big kudos to the Fire Department as they are being creative about the resources that have been needed to train these individuals from transportation to the different facilities to trying to get them showered and changed and all the things for the -- that they are doing as part of their training. So, I know you guys have been really resourceful and try to minimize the cost associated with that as much as possible. So, thank you for being efficient and effective in that process. Butterfield: Absolutely. Simison: And if -- and if I could just add one little thing. Well, we are not over the finish line yet. I would say we are 95 percent with the county on being able to have the agreement in place that will put in there ambulances that will run from this -- these two locations. So, we are looking forward to seeing that implemented as well, which is a great advantage to all of our community to be able to have that deployment. So, hopefully we will be seeing that sometime in the not too -- too distant future. Okay. Butterfield: Thank you. Simison: Thanks, Charlie. 10. Nationwide Opioid Settlement Funds Acceptance Simison: So, Item 10, Nationwide Opioid Settlement Funds acceptance. Harper: There we go. Mayor, Members of Council, we are here just to quickly talk about the latest opioid settlement and this is a second one. We approved one last year. Yeah. Last year. And while I'm talking about that I would like to introduce Hailey Blogg. She is our Anti-Drug Coalition coordinator and the first settlement is actually funding her position. So, it's great that we have these funds available to support this position, which was once a part-time position and now a full-time position and it's really benefited our community for sure. So, a little bit on the opioid settlement. It is a multi-year with over 90 million dollars coming into the state of Idaho on this settlement. As you can see the disbursements are separated out between six years all the way up to 15 years. So, calculating what it's going to look like for the city each year is a little bit challenging, but fortunately with a great Finance Department they were able to sort through the minutia and figure it out sort of for us. So, we are looking at -- as long as everybody is participating we are looking at about 1 .226 million dollars over the 15 year period. So, it is a chunk of money, which I think will be very beneficial as we move forward with our strategies that we are looking to implement with this funding if approved. I would like to quickly turn this over to Kendall Nagy. You guys all know her. And she's going to give some high level. Meridian City Council Work Session March 14,2023 Page 8 of 25 Nagy: Mr. Mayor, Members of the Council, so we had extensive conversations with a variety of partners while we reviewed the strategies. The strategies have remained the same from the first settlement funds to these ones that we are considering up next and we were really looking to identify gaps, enhance the partnerships that we have and, then, make the best selections for the strategies that we are looking at for the use of these additional settlement funds and so one of the first suggestions that we have in conversations included with our crisis intervention team at the Meridian Police Department and we are looking at the additional -- the addition of a clinician and -- and possible CIT officers as well. So, as I go through these strategies they are in order of the way that we have had the conversations and we think that they would be best used to serve the community with our existing partnerships and perhaps filling some of those gaps. In other cases it's enhancing services that are already there. In addition to that, we had conversations about the community paramedic program in partnership with Meridian Fire Department and what that might look like as well. Harper: So, are you guys familiar with the community paramedic program, what that entails or would you like a quick little synopsis? Okay. The community paramedic program would be actually something that is added on to enhance our CIT program by putting a PA onto the team, so that we can better serve the community for those who are in crisis and alleviate space in our hospitals. So, getting them medically evaluated so that we can ultimately get them to the resources and help they need. So, that would be something that ultimately we would have to partner with the Fire Department for. Nagy: And, then, next up, one of the reoccurring topics that came up in our conversations with partners is really how limited funding can be to those that need to receive treatment or mental health treatment, whether it's substance abuse treatment, mental health treatment, funding can be a prohibitor to moving forward to receive those services and so one of the things that we talked about is coming up with contracting with community providers who already exist and provide those services and the possibility of creating scholarship programs to identify those needs and gaps and help get those services and make those possible for our community members. In addition, under the prevention -- preventing misuse of opioids, we kind of have that laid out in the definitions up above or on the top, but partnering with education based organizations to provide drug prevention and prevention opportunities and a big part of this conversation was checking in with West Ada School District and seeing -- you know, again, identifying gaps, enhancing services that may already be in existence and how we can help leverage those. And, then, one additional I guess possibility that we wanted to highlight and share with you is to further support the work of the Meridian Anti-Drug Coalition and the community efforts that we have as far as specific to opioid misuse. So, that is kind of the gist of it and, then, we stand for any questions. Simison: Council, any questions? Council Woman Perreault. Perreault: Mr. Mayor, thank you. Fantastic work on -- on finding opportunities for us. know there is no lack of opportunities to fight this difficult situation. So, it looks like spread out over 15 years it's about 81, 82 thousand a year. Are -- are the -- the Meridian City Council Work Session March 14,2023 Page 9 of 25 opportunities that you presented and prior -- did you present them in priority of -- of where you will start first and, then, does -- does that funding on an annual basis support one, possibly two additional staff in a long-term way? Harper: Council Member Perreault, that is -- when it was broken down to -- we -- it looks like a larger number initially, but once you break it down over 15 years the 81 ,000 or so -- looking at that, that would probably fund three-quarters of an FTE for a clinician position fully funded. So, once we looked at that -- we wanted to give you guys and show you guys that we are looking at a lot of different options and based off of the funding and once we actually see it that will really dictate which direction we go and, obviously, my bosses will help me decide that. Simison: Yeah. And I -- I would -- I would echo that. I mean I have not had any conversations with the chief about any one of these individual positions as being a priority one over the other. This was just more of a -- since the funds are being out there we do have contracts to be signed to give you ideas about where we could be looking at deploying the use of these funds based upon the limitations of the settlements first and foremost. But some ideas, but nothing is concrete. Council Woman Strader. Strader: Thank you, Mr. Mayor. My only question was is there an alternative path to settlement? Are there other cities that are joining litigation or is this just the most straightforward path and we haven't been involved in any sort of legal discussions around that? Harper: All I know is from the last set of money and this one -- this -- these have been two funding mechanisms to help us get to where we want to be. I do -- actually as of today I have noticed there is a couple of other grant opportunities through the COPS grants that are opening up funding for additional CIT-related positions. So, there is some additional funding out there. But in regards to settlements, you know, we kind of find about -- find out about it in the 23rd hour and, then, we are, you know, scrambling to get it done. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Understood. That -- that makes sense to me. So, given that it's like a limited number of pharmacies, et cetera, maybe there are more coming our way. So, you could sort of rank your priorities and if more come, then, you could fund more; right? I really appreciate the work here. It's a terrible problem in the community and I guess my question is, you know, does this -- does this kind of core team think that the clinician is really the most critical or have you guys kind of -- sort of to Council Woman Perreault's point -- had a discussion on where to spend the funds, where do you think they are most needed or right now it's just a menu of options? Meridian City Council Work Session March 14,2023 Page 10 of 25 Harper: Council Member Strader, we have had some discussions and I have generally talked with the captain and the chief and our CIT team is being heavily worked and we know that's a problem between substance abuse and mental health. They -- they coexist in a lot of these situations and I will say that that is one of our top priorities, but it hasn't been finalized. Strader: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Well, Lieutenant, Kendall, appreciate the -- the presentation here. Are we required to identify a use prior to receiving funds? Nagy: Councilman Cavener, no, we are not. Cavener: Okay. Thank you. Mr. Mayor, maybe just a quick follow up. Simison: Councilman Cavener. Cavener: So -- and recognize, lieutenant and Kendall, I'm maybe putting you guys on the spot here. Is it your intention to bring back something as part of the -- the budget process for this year or you are waiting until you receive funds and, then, come to us with a -- with a budget amendment. Help me forecast a little bit about what -- what you intend to do next. Nagy: Mr. Mayor and Councilman Cavener, so these are the preliminary conversations that we have had with partners to -- and, then, a deep dive analysis into the approved strategies that come with these settlement funds and so the next step will be -- now that we have kind of prioritized and had those conversations is to look at what that really looks like given the yearly allotment of the funding and, then, yes, we would present additional information to Council and the Mayor. Cavener: Okay. Simison: And, Councilman Cavener, I can't say if it would be a budget -- part of the FY- 24 or it would be offset, because this also has long-term implications that -- are they -- these the priorities of the department when these funds go away. Those -- those are things for the two gentlemen that are over here. You know, the value of this long term versus the value of other needs within the department has to be identified. So, are these contracts? Are these employees? I think those are conversations to -- yet to be had. Meridian City Council Work Session March 14,2023 Page 11 of 25 Cavener: Well, Mr. Mayor, I appreciate you anticipating my next questions and reading my mind. So, that -- that's very very helpful context. Look forward to future conversations. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: It's an awesome opportunity to have funding like this that's not completely structured on how it's used and I'm assuming this doesn't have a lot of reporting or any reporting at all, as long as you follow the guidelines on how it has to be spent. Harper: Councilman Overton, the guidelines -- or the reporting requirements are actually pretty minimal. We are going, obviously, based off the first settlement and it hasn't required a whole lot. We assume the -- through the AG's office they will provide us more instruction, but it looks like it's going to be similar to the first one, which will be very nice. Overton: Mr. Mayor, follow up. Simison: Councilman Overton. Overton: And I think this is where Councilman Cavener was discussing, but in year two, year three -- this is 15 years and you decide that you want to do something different along these lines, no issues, just come in front of Council, come in front of the command staff of the Police Department, decide how best you want to use these funds. You are not locked into any one use. Nagy: Mr. Mayor and Councilman Overton, it's my understanding through multiple conversations with legal and the AG's office in reviewing many documents, that as long as they are from the approved list of strategies that we are good and, then, that would be a conversation that would be had, obviously, with Council, Mayor, and other leaders to make that decision if we decided to change route, you know, mid process. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I want to -- you know, this is a pool fund that comes in. We have identified our needs certainly and we will put them to good use. And every community that is accepting these funds are -- are doing something similar. Just wanted to step back and get your thoughts on are -- are we able as one entity working with other entities able to leverage any of these funds to -- to support some of our larger needs? I mean we can -- we have -- every community has their problems with -- with substance abuse. But yet there are larger needs that -- we aren't going to build a support facility in Meridian just to serve Meridian residents. There are those places, like Allenbaugh Meridian City Council Work Session March 14,2023 Page 12 of 25 House and others, that we have collaborated with. Can you just briefly tell me -- is there a good working relationship among everybody to try address these collectively to -- and I don't know if it's leveraging these funds, but maybe just as a whole are we making progress as a valley on working together to -- to help people in need? Nagy: I can go ahead and address some of that. So, Mr. Mayor and Councilman Hoaglun, part of those initial conversations was exactly that and recognizing that there are a lot of municipalities participating in receiving these fundings and how do we best use them for our community members and so, yes, those conversations were had and will continue to be had not only here within the City of Meridian, but the state and across the nation. We were just at a -- a national training for prevention and those conversations are being had and there is being research and additional conversations into how that best works for communities. But, obviously, within each community we have unique needs and so if there is something specific, then, maybe I could address that. But at this point definitely those things have been considered and that was why we wanted to reach out to our partners and, again, identify those existing providers in our communities and I spoke with legal on, you know, we are not going to reinvent the wheel, but can we help support what already exists and is -- and -- and leverage that and we -- yes, we can. Simison: Council, any additional questions? Were you looking for action on the agreement? Because someone provided me documents to sign right here in front of me. Harper: Yes, Mayor. So, to move forward in the settlement we will, obviously, need each one of those -- I think there is five, Mayor. Five I think. Five forms that I will need you to sign to show that the city is wanting to move forward and participate in this opioid settlement. Simison: Mr. Nary, do you have direction on what type of motion is necessary? Nary: Mr. Mayor, I don't think it requires a Council action. I think you can -- we have already agreed to it ultimately. Certainly, if the Council wants to, at least acknowledge on the record that we have previously approved this. But we don't need a vote on the Council for this particular part. We have already accepted the original agreement, so -- Simison: So, this is just coming in under the second agreement? Nary: Yes. Simison: Okay. Interesting. All right. Harper: Thanks for your time. Simison: Council, would you like to take any -- make any formal statement on this topic? Meridian City Council Work Session March 14,2023 Page 13 of 25 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It seems prudent just to make a motion on it, to be honest. I move that we sign the sub items under Item No. 10, the various participation forms that we discussed. Overton: Second. Simison: I have a motion and a second. Is there discussion? If not, all in favor signify by saying aye. Any opposed? Okay. No opposed. So, we will go do that. Thank you very much. Gives me a little bit -- makes me feel a little bit better, so -- okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. 11. Parks and Recreation Department: Lakeview Golf Club Clubhouse and Course Improvements Simison: With that we will move on to Item 11, which is our Parks and Recreation Department Lakeview Golf Club clubhouse and course improvements. Welcome, Mr. Barton, not Borton. Mr. Barton to the podium. Barton: Thank you. Good afternoon, Mayor and Council. Happy to be here to have a discussion on some longer range capital improvements at the golf course. Do you remember when we took over we commissioned the National Golf Foundation to -- to look at the operation and perform a -- give us a strategic plan and along with that strategic plan came with a capital improvement plan that identified not only start-up cost, but different tiers, tier one, two and three and, then, also some longer range improvements. So, we have done our -- we have done start-up costs, which were golf carts and some maintenance equipment. Tier one had the remainder of the maintenance equipment and some other items. Tier two and tier three -- the bulk of those -- the biggest priority, of course, is the irrigation system that you are familiar with and, then, also the cart paths. A lot of the items -- the other items, after living with the course for a while, are items that we can either do in house or we don't feel are really needed at this time. So, based on some feedback that we got from golfers and the surrounding neighborhood, you know, some of the reoccurring themes are, of course, the irrigation and the cart paths. You know, lower fees, especially for residents. We just did a resident, non-resident fee, which -- and reduced the trail fee, which I think addresses that. The restaurant management -- we are contracting that out, so that's been highly successful and then -- and, then, in the restaurant, just the ambiance, you know, welcoming for non-regulars and some of these improvements -- this kind of ties into this conversation. And, then, the need for permanent restrooms on the course was kind of a reoccurring theme as well. So, what I would like to do is we have -- we have done some schematic drawings and, hopefully, you have had a time to -- time to look at them. We started with some interior improvements in the clubhouse, some of those ambiance things. I mean the clubhouse has been there since 1995 and -- and really Meridian City Council Work Session March 14,2023 Page 14 of 25 hasn't had any work done at all to the inside or the outside, other than the items that were deferred maintenance that we went and repaired, you know, plumbing, electrical that kind of stuff. So, we -- we put together a plan of some improvements and what it could look like and what I'm going to do is just kind of click through these slides real quick and if there is a question, please, stop me, because we will -- we will get through this here pretty quick. So, we had an interior decorator do this stuff with kind of a golf theme in mind. Flooring and, you know, doing some paint on the cabinets, furnishings, that kind of stuff. So, really modest improvements really. I mean not a lot of heavy remodeling where we are removing walls and -- and doing that kind of stuff. So, again, furniture -- so, everything we want -- and even if we do phase this we wanted to have a plan. So, if we go -- let's say we go put flooring in and, then, come back a year later or two years later and we pick out furniture, we want to -- we want it to be consistent and and compatible with one another, so it doesn't look like a bunch of stuff that was just you know, different ideas over the course of time. So, one consistent idea. And, then, with that we went out and got actual prices for this stuff. We had a contractor group come out and give us pricing. We did add some contingencies to that for unforeseen conditions and also, you know, cost escalation, depending on what we do -- we don't -- definitely don't want to underestimate, but, again, these are -- these numbers are -- are good as of a couple of months ago. It took a little time to assemble the whole thing. So, it gives you a pretty -- really good accurate idea of what these improvements may cost. So, then, moving to the outside, one of the things that we hear all the time quite often is the lack of shade on the back patio. Kind of that ambiance thing. So, came up with a system of vinyl shade coverings in three different spots. These can be -- these have louvers that can be opened and closed, so if you want a little sun there you can get sun. You don't have to engineer it for snow load. The louvers can just be opened up in the wintertime and it can leave there -- live there without a lot of effort and, then, again, the furniture out there -- a lot of times the patios are really crowded. I mean it's not -- you know, it's -- it's there is high volume times a year out there and low volume. During the high volume time of year it's super crowded out there and so furniture underneath the shade coverings and, then, some fire tables -- again that -- kind of that ambiance theme. And, then, with the pricing, patio shade system and, then, all the other items. The -- the furniture was -- was probably one item that jumped out at me, but I think that if you are going to invest in some furniture for outside that it should be somewhat durable. There is nowhere to pull it in and store it like you would at your house, so the stuff you see at Lowe's and Home Depot would just deteriorate in a short period of time and we don't want to have to revisit this in five to ten years. Hopefully it's a 15 to 20 year solution. Again, the, you know, contingencies for both the exterior improvements and the -- the furniture. One of the things that's maybe not an upgrade, but it needed heavy maintenance item is the building needs some stucco repairs and, then, probably a different color put on it. The color is -- is pretty outdated right now and -- and just bring it up to -- up to snuff. So, then, the other thing that we have been -- that we have been hearing from people and we have had issues with a lack of restroom on the -- restrooms on the course is right now we have -- we have one on-site restroom that's built in. The other restrooms are -- are porta potties and they are out there all year long. There is one that's out in the open. There is a couple that are behind fences and that's the -- the picture on the left just kind of depicts what that looks like from the street. So, Meridian City Council Work Session March 14,2023 Page 15 of 25 it -- it works. It's definitely not -- I mean if it -- it functions and that's about it. It's not -- doesn't fit with the neighborhood. It's not hard to keep clean. It's just -- it's a porta potty. So, what we did is come up with a plan for -- to replace those porta potties with three built-in restrooms and, then, add another location that currently doesn't have one and this is a location that we feel is necessary just due to the flow of play in the course and some of the feedback that we have gotten from the neighbors. So, again, another picture of that restroom across from the clubhouse. Here is the one that's on Black Cat. Kind of disguised, but still -- still a porta potty. And, then, here is a picture of the existing on-course restroom. This one in the -- in the capital improvement plan was designated to be upgraded for ADA compliance and there is this one -- if we -- if we do go forward with the other ADA compliant on-course restrooms there isn't a need to upgrade this one. There is almost no way to do it. It's -- it's removing -- there is -- there is no way to make this restroom ADA compliant without removing the front wall and just turning it into a single user, single occupancy restroom. So, the -- the amount of effort that you would have to put into this little building is almost not worth it. It's -- it's old. I mean it functions. It works great. If we have other ADA facilities on site we are -- more than 75 percent of our facilities would be ADA compliant, so -- so we feel we are good there. And, then, this is an example of some of those restrooms, what they could look like. They -- you know, when you talk prefab restrooms you automatically think campground, trailhead, those brown CTX buildings that are at all the trailheads. But they are actually really nice. They are very affordable. You need to go out in the street and grab water and sewer, bring power to them, build a pad and put concrete around them and they can -- you know, they have a ton of architectural selections. You know, you can have drinking fountains on the front. So, they are definitely not those brown trailhead restrooms that you see. And, then, that's just another picture. That's a pretty good floor plan of what it is. So, there is single occupancy restrooms and they have a janitor's chase on the side for utilities. So, then, again, some pricing for the restrooms and locations. You can kind of see the breakdown of where all the cost would be for these and, then, the other two right here and so one thing we wanted to talk about -- oh, there is -- there is another heavy maintenance item out there that I think we might have -- there has been some talk about the range hood and the kitchen being super hot and not functioning properly and as of a couple of days ago I think we have got it solved with -- there was a couple of relays not working and some motors. We had to dig into the thing and just do some really heavy maintenance. So, the need for upgrade -- I know that that was brought up in a past meeting. I think Councilman Borton brought that up to -- to us, a question, you know, are -- are you aware of this kind of thing. So, I wanted to at least mention it and -- but we think we -- we didn't put it on the list, because I think we have it solved. So, process and -- and timing. We haven't closed the irrigation project out yet, but we are -- we are right at the end. It looks like we are going to have a remaining contingency that is unspent. So, it would be -- it would be our preference to use that remaining -- some of that remaining contingency to at least fund the patio cover, the shade cover, before this summer and it's something that we talked to a couple of contractors that do this stuff. The lead time on it is about a month. We can bid it, give them the go ahead, I -- I'm -- I'm pretty confident that not only will we have the -- the money now in our current budget -- we don't have the spending authority, but that's what we would be asking for this evening. But we -- we will have the -- the budget Meridian City Council Work Session March 14,2023 Page 16 of 25 and we think that we can get it done prior to like June 1st before the -- before the hot weather sets in and then -- and, then, just the remaining request would be submitted through the budget process and, then, just as far as -- as far as timing, you know, bid and construct the exterior clubhouse improvements in the fall and, then, bid and construct the interior clubhouse during the winter, because if you are going to do flooring in there you got to -- you got to uproot the entire business and basically move it out and floor it and paint it and so there is a period of time of a couple of weeks where you would basically be closed or it would be sequenced such that you would have the golf shop and the restaurant and the restaurant would be closed. The details to work out. And, then, the on-course restrooms are something that could -- could come in a variety of -- of, you know, timing. Could be two in FY-24, two in '25, one a year, all next year, all in '25. 1 mean I think that there is some conversations with -- that we have had with the Mayor and -- and how -- how this may fit into the CFP and -- and that -- the balancing of that. So, that's where these suggestions have -- have come from those conversations. So, I think with that I will stand for questions and -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, I think what I'm struggling with personally -- it looks like if you add all these things up it's like definitely two million dollars worth of expenses. I would like to see the sources of revenue. So, I would love for us to start treating the golf course as a business that should support itself. Maybe I'm -- it may be premature. I understand that we just took it over not long ago. We have raised our course fees. But I want us to start kind of getting away from treating it as a park and treating it more like something that should pay for itself and so I think what I would be interested to see would be sources of funding that could come from these investments. So, maybe it's -- if we have revenue sharing under our food contract, you know, this occurs to me like the tenant improvements that would happen under a lease; right? So, if we had -- we have a new -- we know we have a -- obviously a contract in place. I don't recall when it expires. But, you know, with any kind of real estate normally if a tenant took over a space we would fit it out with tenant improvements and, then, we would get some kind of either lease payment or revenue sharing back. So, I want to look at if we make these enhancements to the venue itself where they are serving food, you know, are there potential revenue opportunities from weddings, events, something under the contract. The restrooms do seem like something that's needed, but they seem extremely expensive. So, I think it would be tough to bite that off all at once. I guess -- so, just from my perspective I would like to see a -- we have had a very conservative model so far on what we have been thinking the golf course would do. I would like to see a more ambitious revenue projection model of what we think the golf course could do and the revenue that it could generate. That would help justify the investment in these upgrades. Barton: So, excellent feedback. Thank you, Mr. Mayor and Council Woman Strader. So, the -- the restaurant -- our restaurant concessionaire or contractor, tenant, pays us Meridian City Council Work Session March 14,2023 Page 17 of 25 two percent of the gross. So, as their gross goes up we are -- theoretically our -- our payment goes up as well. So, we get a little revenue with that. It's not -- it's not a lot and the -- there hasn't been, over the course of time, at least in my opinion, that the investment in the facility or the property that -- that should over time, so it almost feels like we are playing a little bit of catch up. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have four or five questions. Is it okay for me to just go for it? Simison: Go ahead. Perreault: Okay. So, similar -- similar things stuck out to me as what Council Woman Strader mentioned. I don't want to get too much in the nitty gritty, but just curious if the interior designer and contractor group that was used primarily focuses on residential. The -- the -- as you mentioned, the quality of the products are really important because of the heavy use, but these really strike me as very residential feeling and so I don't know if this is really a -- a commercial type of approach to this. Like carpet tile. Every time I have ever seen it used it tears up real fast. There is just a variety of concerns I have about the products that are displayed on here, about -- I'm curious if any of the servers were actually, you know, involved in the choice of -- of items, because it seems to me there is issues with -- you know, anytime you have a table that has a bunch of crevices in it it's a nightmare to clean. There is just a variety of things that I saw that I thought would actually be -- be time -- time consuming with the products that were chosen. So, we don't have to get into that too much in this. I can certainly set up a meeting with you and ask those questions. But were the -- were the bids based on those exact products that you received or were they like and kind? Barton: Yes. They were -- so, a couple of things. The -- the material choices were Insight Architects, who has -- I mean they are an architect that designs -- I mean they designed our maintenance shop and they have done other things. It's their interior design group that made these choices and -- and these choices were a result of a meeting that we had with the golf course personnel and, then, also Rhonda with Roosters Eatery and catering. So, she was at the table for these. Now, that I'm -- I'm not a hundred percent sure that she picked up on what you did as far as -- but can you -- can you clean the -- you know, like the cracks get in there. I mean I don't -- I don't know, but I think that -- I think those are the exterior tables; correct? And if I -- if I had to guess I would say they are open so rainwater can go through, but I'm not a hundred percent sure. But those are -- those are great points, something to -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session March 14,2023 Page 18 of 25 Perreault: Thank you. The same question with the pergolas. They -- they look like residential patio covers. Are they -- are they warranteed or are they designed for commercial use? And just wondering why there wasn't a design to cover the entire patio, why there is gaps. Was that purposeful? You know, just kind of wanting to -- to understand a little bit more about -- I'm not trying to pick apart what was done. I just -- I see all of these and I just see a lot of -- maybe it's being in the industry I see a lot of challenges with use and where -- with the level they are going to be. So, I don't -- I just want to understand that. Barton: Yeah. Yeah. Thank you, Mr. Mayor and Council Woman Perreault, that's -- those -- those are good points and, honestly, I think that the -- the next -- so, if it was if it wasn't vinyl for the shade coverings it -- we -- we wouldn't probably put wood in because of the maintenance and, then, you would go to steel. So, then, you would have something that would be so heavy that you -- structurally you couldn't place it on the roof, so you would have posts near the building and, then, post out towards the edge of the patio and, then, the cost of that -- it would be solid, so, then, you don't have the luxury -- and I see what you mean, the vinyl is -- you know, you see vinyl products and they -- they -- they are not 50 year products for sure. I mean they are going to be -- it's 15, 20 years. You -- you get what you pay for. And so that was some of the thought process behind that. Why there is three sections just design aesthetics to break it up. Have some open areas. I mean it wasn't anything -- it -- it was the plan they came up with and I -- I think recalling it was like -- I saw it and I said, oh, that looks pretty cool. I mean it's -- all right. I don't have anything better in my mind. So, yeah. Perreault: So, as Council Woman Strader mentioned, it seems the cost of the restrooms are the price of a small house. So, is that -- is that because you are -- you are running water and sewer long distances? Is that a good part of the cost? Because the structure itself doesn't seem like it would be -- with concrete pad doesn't seem like it would run that high. Barton: Yeah. So, water-sewer needs to come from the -- so, we have to cut into the street and we need to go down and grab the water and sewer. There is a couple that are very deep and, then, we need to bring power over there. There is -- there is that Idaho Power line on there. It is -- it is a budget that I can stand here and confidently say we can execute the project for that price. I don't want to -- I don't want to lead anyone to believe that it would be any less and then -- and, then, stand up here and -- and say, you know, I -- I know I told you this, but we need more money. So, there is contingency in there. It does seem very expensive. You also have concrete that needs to come from the cart paths and around and so there is -- you know, it's all the parts and pieces of that. They are just -- they are just expensive. I mean the -- the -- the good thing is I guess is there is -- there are utilities close by, but we got to go out in the street and get them. So, it's not -- it's not cheap. Perreault: Can you quickly go over again the restroom placement? It seems to me like there is not a restroom kind of on the whole north side. Did you happen to -- was there a need to run that -- those -- that placement by GreenPlay or how did you get -- was Meridian City Council Work Session March 14,2023 Page 19 of 25 that just recommendations from survey of golfers or how did you come to those locations? Barton: So -- so, three -- three of the four locations are where we have -- currently have porta potties. It seems to be a -- kind of a -- like a -- in the middle or a compromise of where people would -- would need that convenience. The other one is on -- at the beginning of number 11 tee and, theoretically, people should stop at the clubhouse and use the restroom between eight and 11 -- and eight and 13, but they don't, because they think that they are going to get -- they are going to get leapfrogged if -- if -- if the course is busy, which it -- it is quite often. So -- and number 11 we have had complaints of people not using any restroom. So, that was -- that was that -- I mean that's the -- the reasoning behind those locations. Replacing the porta potties -- those have been tried and true. They have been used and they have been in those locations for years. They seem to work and, then, we are adding one at 11 -- an additional one where -- we tried to get a porta potty over there, but the neighbors didn't want it. Some did, but most didn't, so -- Simison: A couple comments just for Council's consideration and, you know, I don't disagree with Council Member Strader. You know, in the context of -- we do want this to function like a business and that's part of the reason why -- at least I couldn't say let's do all four restrooms in a year. As we see the -- the -- the income stream with improvements will hopefully give us an idea. There is also the -- we still are in the agreement phase with WARD where we are seeing some income coming in from WARD. I didn't want them to line out every dollar that WARD is coming in, because ultimately it has to be operational and we are moving towards coming off -- that is also swimming pool money. You know, there -- there are some costs -- there is some income coming in for additional things, but I just wanted them to present the information so that you could see what was out there. You know, the -- the shade structure came up during our budget conversation this last year with Council. It was -- it seemed to be identified as a priority. That was the one thing that we want if we had the funds to try to move that forward as quickly as possible. The rest of you will see through the budget process. I can't say, you know, exactly -- I look at these numbers and I think some of them are high, you know, in that regards. I completely agree, even from the furniture costs, but I think they will -- they will just be introduced as prioritized and go from there. Now, if we want to get to the point where this is one hundred percent paid by users of the course, I think that's a -- that is a different level of conversation. Are we to that point in time? Should it be that or should that be the expectation once we get it up to a certain level that, you know, the course revenue can be regenerated back into the course for those type of improvements and that is that cost of service level conversation. I just don't know that we are -- that we have a product yet to be able to put on the market to be able to justify that from my perspective. Maybe some of it, but maybe not all of it. But if we make the interior better, then, perhaps it is talking to Roosters say instead of two percent it should be higher -- it should be higher because of those tenant improvements as was mentioned in that regards moving forward and I think those are great conversation points to have. Maybe it's two percent, but if your revenues go up 30 percent, then, there should be an escalator that says, you know, a Meridian City Council Work Session March 14,2023 Page 20 of 25 flat fee or that percentage increases as their revenues go up as well. So, I think there is a lot of good points in conversations, but just wanted to point that out. Perreault: Mr. Mayor? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Mike, a question for you. On the bathrooms, because that is an expanded use, is that eligible for impact fees to cover the cost? Barton: That's a great question. We would -- we would have to get back to you. Cavener: Okay. I -- Mr. Mayor, if I may? Simison: Councilman Cavener. Cavener: I -- I think that's -- that's helpful. I -- I think to Council Member Strader's earlier question, what is the department's plan to -- to pay for these recommended expenses close to two million dollars? If the answer is that it's all falling on the General Fund, then, I'm going to probably be pretty reluctant to be supportive of these requests. I think that the city has made a fairly sizable investment in the course and continue to do so on things that are important to the course operations, like the irrigation system. look at the bathrooms as a little bit of a public health and so I may be open to a further conversation about restrooms. But everything else is largely fit and finish and I think that it's an opportunity for the course to perform. To -- kind of to the Mayor's point, to Council Member Strader's point, let's see the success before we start investing more millions of dollars into furniture and sound systems and -- and things of that nature. And, then, just for -- for what it's worth, I think I would prefer that we complete the irrigation process -- progress -- or, excuse me, irrigation project and not necessarily utilize any savings to do items in addition to than what we budgeted for. If -- if we want to bring the shade structure back as part of a budget item this year, I'm supportive of at least considering that. But I -- I would prefer that we get out of the habit of trying to utilize cost savings to do projects in addition to than what was approved through the budget process. Simison: Okay. And just for clarification, I'm -- I -- I do think that some of these are necessary personally. I'm just saying that not all of them need to be done right away and some of it we can look at some of -- some of these moving forward, but -- Council Woman Perreault. Perreault: Thank you, Mr. Mayor. I agree. I think that improvements will bring -- will bring profit in quicker. There -- there are folks that -- that don't use this course because it's aged. So, I think that -- you will see a return on that more quickly. So, my one last question I didn't -- I didn't get to ask is, you know, I'm hesitant to -- to look at Meridian City Council Work Session March 14,2023 Page 21 of 25 contributing, you know, a half a million dollars or so to interior-exterior upgrades if there is the potential that -- that the clubhouse would be expanded at some point. So, where are we at as far as capacity? It seems to me like when I have been at events there, when I have gone to -- when I have been there, you know, at -- at a variety of different things, it's pretty full. So, how is that working and -- and is there an anticipation of an expansion on the clubhouse and should we consider doing that structurally rather than doing interior upgrades first? Barton: Yeah. That's a great question. Great thought. I mean there has been some conversations of a -- an expansion, so you can put -- there is -- there is a trend in golf right now of installing simulators for winter revenue and so that's a thing, but we have never specifically even -- we haven't talked about expanding the clubhouse building itself. It's -- I think that some of that just from -- from being out there I think that the -- that if the patio was a little more friendly that expanding the patio is going to be way more cost effective than expanding the building, because during the -- during the colder months you -- you -- you want to be indoors and, then, there is the indoor -- has -- the indoor space has a capacity issue, but there aren't as many golfers when it's cold out, obviously. So, I think during those really warm, nice summer days an expanded patio -- so, we are not -- we are not -- anything that we are doing here wouldn't jeopardize a future expansion to the patio. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I think we -- we -- there is a lot of good things here. You know, if we want to increase revenue, like a patio shade system, that's going to bring in more people. You don't want to sit out when it's hot and not have shade. So, those are types of things that make sense to increase revenue, to have more people there in the summertime and -- and do that and that would come back as a budget amendment at the appropriate time I'm assuming, Mike, to -- to take a look at that? Barton: Yeah. Councilman Hoaglun, so the -- so, the -- the -- the question was if we have contingency savings from the irrigation project would you want us to pull the trigger this spring and do the -- do the shade covering and, then, just -- and not -- not do a budget amendment, but -- but, then, the rest of it could come back during budget processes, whatever those are. Next year or in following years, whatever that looks like. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, Mike, on that patio shade system, 67 nine -- so, 68,000. Then there -- I notice there is electrical ceiling fans at eight three. Is that considered part of that patio shade system and electrical ceiling fans together? Okay. So, about 75, 78 total. And Meridian City Council Work Session March 14,2023 Page 22 of 25 so if you have the fund savings there to be able to pull the trigger on that, you would want us to act -- let you know that, yes, we should move forward on -- on something like that, which -- I mean for something like that if -- if we want to see increased revenue, more use of the restaurant, it makes sense to do that, to take those savings and move forward and -- and make that happen and make it a -- a better location for people to eat and enjoy the -- enjoy of our long Idaho evenings that we have, albeit it can be hot at times. So, that shade will help keep that cooler during the day as well. So, not only for people sitting out there, but even in the evening, so you don't have radiating heat off the -- off the concrete. So, I'm -- I mean I would be certain -- certainly in favor of doing something like that, but I -- I don't know if Council wants to pull the trigger on that. But we talk about revenue, we want to see revenue, we have to make an investment and -- and expand and if we aren't making investments in this I certainly don't see an expanded clubhouse, so -- or -- or anything else. But something like that makes sense. And, then, when the budget session comes and we can talk about various things that we can do step by step to -- to make these other things happen, so -- but that's -- that's where I'm coming from and I think we should probably make that decision if we can tonight on the patio system. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I -- I have a couple of issues with the approach. I think similar to Councilman Cavener. So, I am concerned that if we create an incentive for departments to have larger contingencies, so they have a -- not saying that this is the case, but I don't want to create an incentive in the city that departments perceive that there is an advantage to having larger contingencies to than be reused for something else, if that's an easier path. I don't think that's the way to do it. You have a 15 percent contingency, for example, on your exterior and furniture. I know part of it is -- it's always better to under promise and over deliver. I get that. But I don't want to get in the habit of using contingencies for things when maybe it should be a budget amendment and go through that process. I'm not -- I'm -- I -- I'm much more allergic to redoing the interior right now than putting in the patio shade system, because it looks like it will Increase the number of tables available by quite a bit. But I would like -- I would like to hear some feedback about the revenue that could be generated from the patio, understanding that it's a guess and that's what we do when we make projections, we are making an educated guess. I personally would like an educated guess about what we think that could do for us. It could come from our vendor or from where ever. But I just -- you know, I think there is a right way to go about doing it and I also would like to know for the contingency where are we at? Are we completely certain we won't need that contingency for what it's meant for? That's the other issue. Barton: Yeah. So, to answer that -- to answer that question first, we are -- it's -- we haven't closed the project out yet, but we are -- we have tallied the final cost and there will be contingency -- there will be enough contingency there to fund the -- the shade and, you know, that -- that increased users or revenue -- I know that one of the things Meridian City Council Work Session March 14,2023 Page 23 of 25 that people like to do is they like to have a shotgun start at a golf course instead of tee times when they have a tournament and I know the women's association do and a lot of times they will have a shotgun start at 10:00 o'clock and they will come back and -- and, you know, you want them to stay for lunch and you want them to hang out and socialize. They can't. It's too -- it's so hot out in the back that they go home. So, I know that I have seen that. I don't know how we could -- actually, you know, volume over time I think is -- just little -- little step, parts and pieces, add all -- all the things that we can do to create a successful business are going to all add up to that sum, but I know from experience that one of the -- you know, the -- the -- the conversations about shotgun starts and tee times and, you know, you want to give people a shotgun start where they all go out together, they all finish together and, then, they stay and eat lunch and they hang out for a while, but they don't tend to do that, because it's not desirable, it's not -- the patio is not friendly in the afternoon at about 2:00 o'clock when they are finishing. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If I could make a suggestion. I would just start with what do we think our two percent cut is of gross revenues from -- you know, take the time period that we have owned the course and your -- understanding this is -- it's -- it's going to be really iffy; right? But here is how -- here -- here is our two percent. If we take, you know, six months of the year and adjust for seasonality, if we take that and create a 12 month projection here is what we think we are getting from the food service now. We are increasing the capacity of the restaurant by whatever -- 15 percent. That only applies to a certain percentage of the year, because it's terrible to be outside part of the year. Just take a swag at it for me. I -- that -- that's what I'm asking. I'm not asking for -- I'm not going to hold you to it. I'm not -- I'm not going to be mad if you don't meet that projection. But I just think we need to get in the habit with this golf course of thinking about it more like a business and saying, okay, we can increase -- like Liz, we are going to increase the capacity of the restaurant by X percentage by adding this shade structure. These are now usable tables. Like just -- I need a little more meat on the bone. Barton: So, yeah. And that's a good thought. So, the food and beverage operation when we had it grossed about 550,000. So, we get two percent of gross. So, we are going to -- we will get an 11 ,000 dollar payment at the end of the year. So, is it -- is the enhanced patio -- that comfort for the patio -- it translates into other areas, because people want to come back and they want to play a round of golf, which that helps -- that helps the portion of the business that we are directly -- we are -- we are -- we are realizing all the profits from that, as well as they are going to rent a cart, they are going to buy a shirt, get a bucket of balls and warm up -- warm up ahead of time. So, it's all about, you know, the whole -- all the parts and pieces. The other thing is that during the pandemic golf has been -- golf had really a surge in popularity, so I think that we should position ourselves to have a course where people want to go to as a destination when Meridian City Council Work Session March 14,2023 Page 24 of 25 golf maybe isn't so popular. So, we don't -- we don't feel a downturn in that -- in the popularity of golf that still -- it's still there, but -- Hoaglun: Mr. Mayor? Barton: Yeah. Hoaglun: Mike -- Simison: Councilman Hoaglun. Hoaglun: -- I -- I -- what I would suggest is you guys have further conversations on what, you know, Council Woman Strader is looking for. Those are good questions. But when you do rough calculations -- however you want to do it, let me know and we can get you back on a work session and talk about this further and go through some numbers and whatnot. We are just -- we have got an executive session coming up and we are pressing up against the time frame and just want to move forward with -- with what we can get done here in this work session. Simison: And if I could just add one last thing. You know, we are here because of the time of year before the golf season. Yes, there was contingency. We were not going to recommend the departments come back to you because of necessary leftover dollars. Budget amendment -- however we want to call it or process it. But this was discussed at the budget hearing last year. This specific item was identified by the Council even as something to look into. That's why we are really here for that one item at this point in time. The rest of it was just so you are aware of the bigger picture and when you may start seeing things, understanding the long term. Council may have different viewpoints on what is a priority when, how, where and why. I think this is good feedback and good for future conversations, but we will be back. Barton: Appreciate it. Thank you. Simison: Thank you. EXECUTIVE SESSION 12. Per Idaho Code 74-206 (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 and 74-206 (d) To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session March 14,2023 Page 25 of 25 Hoaglun: I would move that we go into Executive Session per Idaho Code 74-206(a) and (d). Strader: Second. Simison: I have a motion and a second to go into Executive Session. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:48 p.m. to 6:19 p.m.) Simison: Council, do we have a motion? Hoaglun: Mr. Mayor, I move we come out of Executive Session. Simison: Have a motion to come out of Executive Session. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? We are out of Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MEETING ADJOURNED AT 6.19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Mayor Robert E. Simison 3-28-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 3-28-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 7, 2023 Regular Meeting Meridian City Council March 7,2023 Page 10 of 10 Simison: Councilman Borton. Borton: In light of the applicant's presentation and the staff report, it all seems appropriate and justified. I will make a motion to approve the short plat application 2023-0001 as presented in the staff report of March 7th, 2023. Strader: Second. Simison: Have a motion and a second. Do I have discussion on the motion? If not, Clerk call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, absent. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much and good luck. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Anything under future meeting topics, Council, or do I have a motion to adjourn? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move that we adjourn. Simison: Motion 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 6.23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 3-14-0223 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Jump Creek No. 6 Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Trent Tripple 2023-015109 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/15/2023 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0039 Jump Creek Subdivision No. 6 Sanitary Sewer and Water Main Easement No. 1 THIS Easement Agreement, made this l4t1day of March 2023 between ("Grantor")and the City of Meridian,an Idaho Municipa 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. Sanitary Sewer and Water Main Easement V.01/01/2020 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: STATE OF IDAHO ) ) ss County of Ada ) T is record was acknowledged before me on r—eb'.�2, 0)3 (date) by ,.. (name of individual), [complete the following if signing in a represen tive capacity, or strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: Prmjd (type of authority such as officer or trustee) =OE ` Notar IdahoCom0052 Notary Signature My Com -05-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-14-2023 Attest by Chris Johnson, City Clerk 3-14-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-14-2023 (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- Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A DESCRIPTION FOR JUMP CREEK SUBDIVISION NO. 6 CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT A portion of the SE 1/4 of the SE 1/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the SE corner of said Section 28 from which the E1/4 corner of said Section 28 bears North 00031'08" East, 2637.33 feet; thence North 60003'59"West, 370.86 feet to the REAL POINT OF BEGINNING; thence North 89016'45" West, 100.95 feet; thence North 00°31'08" East, 31.00 feet; thence South 89016'45" East, 100.97 feet; thence South 00°33'57" West, 31.00 feet to the REAL POINT OF BEGINNING. ENS�� G�G� Of 7729 . o G' q F O `OPT` �G.0 Page 1 of 1 1/4 Y U S.28 S.27 O m , S8_9'1_6'45"E 100.97' 1 NO'31'08"E TT/1 1 JA CAPRI CT. g _SO'33'S7"W 31.00' / 31.00' 1_Z c'zn M o N89'16'45"W 100.95' RPOB CON U �1 O '�' • O a01 0, Y �O. •. V)p1 Q Q p m I m Z BLOCK 20 I °66;. I I I O I _ -- -- -- - - -- -- S.28 S.27 W. MCMILLAN RD. S.33 S.34 �- HO o a 772 N SCALE: 1"=60' (p� 4?- �O G) 9j� of \iD �� 0 10 30 60 120 Y G.C :\Jump C—k Sub No 6 20-478\dwq\R.A..d Jump C—k 6 S.—E—Ae q 3/19/2021 10:44:09 AN IDAHO EXHIBIT -R- DRAWING FOR JOB NO. 9955 W.EMERALD ST. CITY OF MERIDIAN SEWER & WATER LINE EASEMENT zD a�a SURVEY BOISE.IDAHO 83704 JUMP CREEK SUBDIVISION NO. 6 SHE;N0. fl (208)846-8570 GROUP, LLC LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 28, T.4N., R.1W., BOISE MERIDIAN, DWG. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO I 3/19/2021 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Ten Mile Creek Apartments Private Road Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Trent Tripple 2023-015110 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/15/2023 12:15 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0037 Ten Mile Creek Apartments Private Road Sanitary Sewer & Water Main Easement A ATE AWN EASE i6 Jwil�Lull THIS Easement Agreement, made thisl4thday of March 2023 between ("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. Sanitary Sewer and Water Main Easement REV.01/01/2020 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: SCS BRIGHTON LLC By:Brighton Corporation, It's Manager W-77� Robert L. Phillips, President of Brighton Corporation, Manager STATE OF IDAHO ) ss County of Ada ) On this(s day of March,2023,before me a Notary Public of said State,personally appeared Robert L. Phillips,known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. L SHARI VAUGHAN Notary Signature Notary Public-State of Idaho My Commission Expires:_(a— Commission Number 20181002 My Commission Expires Jun 1, 2024 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-14-2023 Attest by Chris Johnson,City Clerk 3-14-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-14-2023 (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: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A DESCRIPTION FOR CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT TEN MILE CREEK APARTMENTS A portion of Lots 2 and 3, Block 3 of TM Creek Subdivision No. 4 as filed in Book 117 of Plats at Pages 17944 through 17947, records of Ada County, Idaho and a portion of the NW1/4 of Section 14, T.3N., RAW., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the SW corner of said Lot 2; thence along the West boundary line of said Lot 2 North 00028'39" East, 15.90 feet; thence leaving said West boundary line South 89028'24" East, 187.15 feet; thence North 62058'40" East, 25.12 feet; thence North 27001'20" West, 3.64 feet; thence North 62058'40" East, 10.00 feet; thence South 27001'20" East, 3.64 feet; thence North 62058'40" East, 22.49 feet; thence South 89026'19" East, 213.92 feet; thence North 00033'41" East, 21.36 feet; thence South 8902619" East, 15.26 feet; thence South 00033'41" West, 21.36 feet; thence South 89026'19" East, 179.56 feet; thence North 00033'41" East, 7.79 feet; thence South 89026'19" East, 10.00 feet; thence South 00033'41" West, 7.79 feet; thence South 89026'19" East, 175.94 feet; thence North 00033'41" East, 21.60 feet; thence South 89026'19" East, 14.27 feet; thence South 00033'41" West, 21.60 feet; thence South 89026'19" East, 20.67 feet; thence South 00033'41" West, 31.00 feet; Page 1 of 2 thence North 89'26'19" West, 78.91 feet; thence South 00054'53" West, 35.07 feet; thence North 89005'07" West, 20.00 feet; thence North 00054'53" East, 34.94 feet; thence North 89°26'19" West, 351.64 feet; thence South 00054'53" West, 34.96 feet; thence North 89005'07" West, 20.00 feet; thence North 00054'53" East, 34.84 feet; thence North 89026'19"West, 132.02 feet; thence South 62058'40" West, 77.03 feet; thence North 89028'24" West, 57.83 feet; thence South 46051'21" East, 82.72 feet; thence South 43008'39" West, 20.00 feet; thence North 46051'21" West, 104.45 feet; thence North 89028'24" West, 109.58 feet to a point on the West boundary line of said Lot 3; thence along said West boundary line North 00033'33" East, 24.10 feet to the REAL POINT OF BEGINNING. 7729 z1Ztolz"01 OF ND G.GP Page 2 of 2 N O \ W O n0, - x -Z PRO S. WAYFINDER AVE. Nr'10 W_ � a) L 2 4 O o N � Z T 6' �FR 0 m , w 0 o m \ ^ \,n � 1 o \�' � C y 0 0X2 -P, cm0 'oNo 4 v (Z'Z .0 N O ^r s W 00 Cn C) `J 0 J I� > 00 m Dui rrj p U7 r J j r. N [7 cep w Cc- m _ N J 0 '0 v (7� Cn A C,� N (D I� I tea �om _ � I N N Z N N N Z N Z Z Z Z op O o O O m O m 0) r .rl mO E O Co p O O O N V N V N O D a AW N ci cA N (-4 cn O (n O (n N p (D ? A ? NO +� ON o C.; —I O O g ri r*� r r i r i r m m 0 0000 cam. o r J o tO cfl O N j J N J N r 00 O� cn l C O 4 O O Cn (D ip O (n 0 O O � O 0) CO, O �' N O S �l (4 N 0 � � z m m r r r r r r r r r J r r 03 LU N N N N Z 0 O Z X +. (A N �' 0 (o 00 rn u n c 3n N 1 °) I a Z Z Z N N z Z Z N Z N N (n V z r —. p Oo A A 00 00 00 O co O 00 1- CO i 1 (71 m s O 4 co co co o (0 0m cn O N N O N N(o m 7 iw o rn cn rn rn W(D (D (-4IDC ; (-4 N f W N N O Cn 7 Cn z m m C,+ ? _ co _ .p. cD v c,.i O _ co �o 0 Z ,\ f X m (� m cri ocl f I � 0 z D o N O p N 00 Cn � N (.4 -I C.+ N � CA A I N � p U o . . N N o cn o ? cn I I V Y &D co D cn a 0 J 0o 0 0 0 (0 0 m 1 0 CA .c w �(p 00 (n N C� N O �I O V S M rn o ° 4 K: — ' mm0 Xz r D � - (o o (n L 16 r 1 m z UI e_ 7 N- L14 N u° (D 0 J r � I N _a u z L4 N 0 ° z A° G 0 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: WaterWalk Hotel Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Trent Tripple 2023-015218 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/15/2023 02:45 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0032 WaterWalk Hotel SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thisl4thday of March 2023 between WWOZ Boise Meridian, 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. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 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: U m t, f /Z vi't J es E. Korroch- President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on a/a� a (date) by James E.Korroch (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 WWOZ Boise Meridian,Ilc (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (sta CCH%E M.GIAMMASI ` ARY PUBLIC STAT �� WAA-A MyAppEExP• y�.r-A-r Notar �gnature My Commission Expires: q' Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-14-2023 Attest by Chris Johnson,City Clerk 3-14-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-14-2023 (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: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 N V Delivering Solutions Improving Lives EXHIBIT A Sewer and Water Easement Description Date: September 7, 2021 i i An easement situated in the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 3 North, Range 1 E, Boise Meridian, City of Meridian,Ada County, Idaho, described as follows: Commencing at the Southeast corner of said Section 8, monumented by a found 3.5"brass cap (CPF Inst.No. 2020-052068), fiom which the South 1/4 coiner of said Section 8, monument by a found brass cap, (CPF Inst. No. 104161984) bears North 89°54'35" West, a distance of 2571.02 feet; 3 Thence North 89°54'35" West, coincident with the South line of said Section 8, a distance of 786.93 feet; Thence leaving said South line,North 00°05'25"East, a distance of 40.00 feet,to the Southeast coiner of the N. Olson Road extension as shown on Record of Survey No. 8999 recorded in the records of Ada County; Thence North 51°57'14" West, coincident with the easterly right of way of said N. Olson Road, a distance of 33.32 feet; t Thence, continuing coincident with said easterly right of way,North 00°04'29"East, a distance of 322.07 feet; r Thence, continuing coincident with said easterly right of way,North 22°18'00"West, a distance " of 88.04 feet,to the POINT OF BEGINNING; c Thence, continuing coincident with said easterly right of way,North 22°18'05" West, a distance of 26.37 feet; Thence,continuing coincident with said easterly right of way,North 24°59'48"West, a distance !f of 26.37 feet,to a point on the southerly boundary of Olson and Bush Industrial Park subdivision recorded in Book 44, Page 3581, in the records of Ada County; Thence South 88°27'40" East, coincident with said southerly boundary, a distance of 379.94 feet; Thence South 01°32'20" West, a distance of 33.54 feet; Thence North 88°27'40" West, a distance of 307.41 feet; Thence South 65°40'41" West, a distance of 36.54 feet; Thence South 67°35'09" West, a distance of 15.02 feet, to the POINT OF BEGINNING. 690 S. Industry Way,Ste 10 Meridian, ID 83642 T 208.342,5400 F 208.342.5353 www.NV5.com 1 N V 5 Delivering Solutions Improving Lives The above described easement contains 13,095.39 square feet, or 0.301 acres, more or less. Together with and subject to rights of way, covenants, easements, and restrictions of record or implied. The basis of bearings for this description is North 89°54'35" West, between the Southeast corner of said Section 8 and the South 1/4 corner of said Section 8. Travis P. Foster PLS No. 10729 End of Description GkSTiEq�� 107 9 { i I i V 690 S. Industry Way, Ste 10 Meridian, ID 83642 T 208.342.5400 F 208.342.5353 www.NV5.com 2 ZDn o D m o N. OLSEN RD. C) `D NO'04�29"E 322.07' 0 CA I coo } C4 rn 4� � z � � � o cn od pS:2 me 000 ocn rwLA rm n IS ci V 4� � I o Cl °o m o I I� �I I� co C4 I I to 4 �I I 0 l Z — m � � 00 v � N az TI N m � C4 cn N m oo D CJl D O � D NI � r z W N m rn cn 4— N co OIL C4 t m n I Ur c0 OD Zpl PROF m ocODI 9�y C4U)= y�N (OV V CA m o I-V O Fri ll np d oD � 0 D mL4 071>nm -� Ul O oo H-0 m o I - oo co� co z _ E o; cno0 0D �03E 2650.12 NEAGL —RD. (D z — o �+ DRAWING INFO SHEE71NF0 m EXHIBIT FOR NIV 5 W Baooz3o.00 LDRAWN [T�PEF C 111J= SEWER AND WATER EASEMENT B000230.00 PBA sss ma .ar,vnr,s-lla i6 WWATERWALK DEV. A7erldan,ID 83642WATERWALK PBA 1"=100' wn02i 208-Bq2-5400 w,r.Nv6.00m E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: License Agreement Between the City of Meridian and Nampa & Meridian Irrigation District for a Portion of the Ten Mile Pathway and a Pedestrian Crossing at Outer Banks Subdivision DATE: 14 April 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 4 April 2023 Addendum to License Agreement 13 pages 10 Mile Franklin, LLC ♦ Kennedy Lateral Instrument#2023-020327 Agreement 18 pages The City of Meridian Kennedy Lateral Instrument#2023-020328 License Agreement 11 pages TDS Metrocom, LLC Langdon Lateral Instrument#2023-011220 License Agreement 10 pages TDS Metrocom, LLC Conley Lateral Instrument#2023-011223 License Agreement 10 pages TDS Metrocom, LLC 12th Avenue Drain Instrument#2023-011224 License Agreement 6 pages Qwest Corporation d/b/a CenturyLink QC Savage Lateral Instrument#2023-011225 ADA COUNTY RECORDER Trent Tripple 2023-020327 BOISE IDAHO Pgs=13 NIKOLA OLSON 04/10/2023 09:49 AM NAMPA MERIDIAN IRRIG DIST NO FEE IIIIIIIIIII II IIIIIIIIIIIIIII IIII IIIIIIII111111III 01246232202300203270130137 ADDENDUM TO LICENSE AGREEMENT ADDENDUM TO LICENSE AGREEMENT, made and entered into this LA day of Cl , 2023, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho(District),and 10 MILE FRANKLIN, LLC, an Idaho limited liability company, whose address is: 837 Jefferson Boulevard, West Sacramento,CA 95691 (referred to as"Licensee"), is made with reference to the following facts: The District and Licensee entered into a certain License Agreement dated December 21, 2021, recorded as Instrument No. 2021-180206, Records of Ada County, Idaho. The purpose of the License Agreement is to permit Licensee to: 1)pipe approximately 1,750 linear feet of the Kennedy Lateral in 48-inch Class III RCP, including new cast in place concrete structures at each end, ten cast in place concrete boxes, a new delivery to accommodate a proposed pressure irrigation system to deliver water to Licensee's property and a new weir box,all within Licensee's real property described in Exhibit A,Outer Banks Subdivision,located southwest of the intersection of Ten Mile Road and Franklin Road in Meridian,Ada County,Idaho. Licensee and the District subsequently entered into a License Agreement dated November 29, 2022, recorded as Instrument No. 2022-096958, Records of Ada County, Idaho. The purpose of this License Agreement is to permit Licensee to construct and install a new roadway, W. Cobalt Drive, including roadway improvements such as asphalt, curbing, gutters and sidewalks across and over the previously piped Kennedy Lateral and within the District's easement(each side shall have curb cuts for the District's continued access to the Kennedy Lateral and the District's easement). Licensee now desires to amend or modify said License Agreements to allow Licensee to: a)construct and install an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12'wide gravel access road(all crossings ofthe District's gravel access road shall be traffic rated);b)construct and install three concrete driveways across and over the piped Kennedy Lateral and within the District's easement(all driveways shall have curb cuts for the District's continued access to the 12' wide gravel access road); c) construct and install dog park fencing which is in sleeves in all areas within the District's easement for the Kennedy Lateral;d)construct and install a concrete slap for a bbq area, bike rack, and wall seating within the District's easement;and e)construct and install landscaping consisting of grasses,sprinklers,shrubs, conifers and class I ornamental trees within the District's easement. Execution of this Addendum in accordance with these facts will affect or change the terms of said License Agreements. NOW,THEREFORE,for and in consideration of the premises and ofthe covenants,agreements and ADDENDUM TO LICENSE AGREEMENT-PAGE 1 conditions hereinafter set forth and those set forth in the License Agreements referred to above naming the parties hereto as parties,the parties agree as follows: 1. Exhibit C of said License Agreement is hereby amended and modified to permit and allow Licensee to: a) construct and install an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12'wide gravel access road(all crossings of the District's gravel access road shall be traffic rated); b)construct and install three asphalt paved road sections,including concrete curb and gutter and sidewalks,including concrete driveways across and over the piped Kennedy Lateral and within the District's easement (all driveways shall have curb cuts for the District's continued access to the 12' wide gravel access road); c) construct and install dog park fencing which is in sleeves in all areas within the District's easement for the Kennedy Lateral;d)construct and install a concrete slab for a bbq area,bike rack,and wall seating placed per plans inside the District's easement a maximum distance of 9'-5";and e)construct and install landscaping consisting of grasses,sprinklers,shrubs, conifers and class I ornamental trees within the District's easement. Construction of the improvements authorized by this Addendum shall be in accordance with the plans attached hereto as Exhibit 1 and by this reference incorporated herein. 2. Licensee shall notify the District's Superintendent prior to and immediately after construction so that he or the District's engineers may inspect and approve the construction. 3. The pathway and landscaping constructed by Licensee within the District's easement,and permitted by this Addendum, shall be operated and maintained by the City of Meridian. An express condition of this Addendum, and the District permitting said pathway within its easement, is that the City of Meridian enter an Agreement with the District in which it assumes operation, control and maintenance of the pathway. If the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no longer authorized within the District's easement. 4. Licensee acknowledges and agrees that should the pathway, landscaping or other encroachments need to be removed in order for the District to access,operate,maintain or repair the Kennedy Lateral,it shall be Licensee's obligation and cost of removing or replacing the pathway,landscaping and/or encroachments. Licensee further agrees that the District shall not be liable for any damages which shall occur to the pathway, landscaping or other encroachments in the reasonable exercise of the rights of the ADDENDUM TO LICENSE AGREEMENT-PAGE 2 District in the course of performance of maintenance or repair of the Kennedy Lateral. 5. Construction authorized by this Addendum shall be completed within one year of the date of this Addendum. Time is of the essence. 6. Said License Agreements are hereby affirmed and shall remain in full force and effect except as modified by this Addendum. Licensee acknowledges and agrees that it is bound by the covenants, conditions and agreements contained in said License Agreements. 7. The Licensee agrees to pay reasonable attorney fees and recording fees for preparation and recording of this Addendum and the Agreement with the City of Meridian. 8. The covenants,conditions and agreements contained herein and in said License Agreements shall constitute covenants to run with,and running with,all of the lands of Licensee described in Exhibit A of said License Agreements, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them,and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns,including,but not limited to,dedications, transfers and assignments of facilities to public entities. IN WITNESS WHEREOF, the District and Licensee have hereunto caused their names to be subscribed as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By A � Greg C ,Water Superintendent STATE OF IDAHO ) ss: County of Canyon ) On this day of 2023,before me,the undersigned,a Notary Public in and for said State, personally appeared G CURTIS, known to me to be the Water Superintendent of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. ADDENDUM TO LICENSE AGREEMENT-PAGE 3 •ttttttttttt,t,, SY �•� y.•IyOTARy•� Notary Publi or Idaho ;%Of'UBLIGh: a Residing at Yh Idaho 0 O N X0 : r J'j,•.;'No.2oti;••.Z,�.•' My Commission Expires: • •••....•• Q, 10 MILE FRANKLIN,LLC,an Idaho limited liability company, By: Sunny Cove,LLC,its manager By: Name:Mark Engstrom Its:Manager STATE OF ) )ss. County of On this day of ,2023, ore me,the undersigned,a notary public in and for said state,personally appeared MARK ENGSTR known to me to be the Manager of Sunny Cove, LLC,the manager of 10 MILE FRANKI,IN, LLC e entity that executed the foregoing instrument, and acknowledged to me that said entity executed same. IN WITNESS WHEREOF,I hav ereunto set my hand and affixed my official seal,the day and year in this certificate first above written. Notary Public for Residing at , My Commission Expires: ADDENDUM TO LICENSE AGREEMENT-PAGE 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of YOLO On FEBRUARY 24, 2023 before me, VICKIE SIO REYES, NOTARY PUBLIC, (insert name and title of the officer) personally appeared MARK ENGSTROM who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VICKIE SIO REYES • COMM. #2423030 z Notary Public•California c z Yolo County Comm.Expires Oct.23,2026 Signature (Seal) i II eI id 17 0t 11 f1 II :I -111 1 f11 f . �- la V •• /•.11 I 1 Ir--111�•.F p•,ttl�•, �� -'� �1 i, [fill 11111111t.-I..r �1 1 11- II •-rr , a ,9 I: i spa may' MIN •1 r,ti r.�t 1 e - st ilm Ile ' ,1♦tv � 11�^'lll e' (!.�!F� ��'I.A .� � Lt r I - L I _ � cr > pzo � § N - 0 � C • ; ;2-* 3 Cc 7T 3.n:�T � s S - : 4 � 11T N t Lce — 9 ' o z o 4® Igamr ° S :E cod �N m Rip m jig ' Jill € l 0 & s9 I 'Pill p ; Outer Banker Subdivision NMID IMPROVEMENTS10 We and FranUln O =! Parcel Number 61216110066 DETAILS ii MgdCHan.Idaho.638Q Exhibit 1, page 2 ° 0 0 6711 /' A l-J 4 3• ,j i `. a I � MMID m Outer Banks Subdivision IMPROVEMENTS 1 R 70 Mile and FranWln Parcel Number 812151100116 Nigh Density Entry i R Meridian.Idaho.83642 Exhibit 1, page 3 a _ auaafamave,naavaan►eoo � M ia=sse 'n•w�'M oazz w �:.:�« .. S3Hf VN3A NTH f) •ONI'SW99NION3e-n-r � WHO1l"00 ti 9 C R Sig% >� 1 -----------r-- rn q s's "p w d 3 zo n^ - ---------- 3® ®®®®® o®® ® ®®®®v,© ® ®®® ow•aa ailw Nai s ,�, ., � ;� 11 Iiii li ie or RM • !I Ill !ill ! � � !j1! • ; � ;1 Iti ik ii 1 I�' , 8 ��• € it !:� € S 77 35.1 ii ;a ai ` yy 1 ___—___II_---- `ipgp!• E��Eyt, �� i i i I� i?!E E::: R jo r i3 Exhibit 1, page 4 1 acnrsu Kwe 85300V WIN � Ltm N�W' e O col agnS n ua+u1 3•M oecz SAIMN3A M p V 'ONI'SH33MON3 SiM` 3111kl0nw9 LU IF •��1, R' I" 9 f e a , Exhibit 1, page 5 3ldfltld ONY NYId flNlfltltlfl B OYOk!31YNtld A � ` gQ LOBCB 01'�PIbW ,a: '.... '• O \\1/ S3H •n eaf�3•N oea NN3A H13 �! 'ONI'SH33NIDN3 WM' """a''^ ^TM 3HfUAliHlSVtldM SNNVB ISM C.) :7 .d -N - R n� g � k •` ` ` it Mi `n'` iill Silk t' Y Aid 1104, � q S 'fir .�• .� � � ::�i ; >r\ poil: � �C�1. S �� S i`p �` �� I!I ♦i' �:�� !!i � QL b k6R�� ' S :lSSIQ k M :Ss i ' `� `• k S i! im 'i i � � d t f€ ! 8 r, -' It _4 j_ W 19133Hf 338 p o e OFf1 Y1f 3Hn H3avn FXI � ^� Exhibit 1, page 7 . S /� J usa'OM'wW m\1■ �� H1flOS-NV1d3LS fi I zroe9 0I�nI+aw �� _ 6 (�J 1 oor.nns s � � o 'ONI'SH33NIEW 9 n r ^••� �.. .... asnoHSn'Io s91NVG W31no U Houarw�va� ag OR 13 I � � R� CLa12 �LaLRL Lld Cl I a aroa 3ZVNad I I iF J I f � I f 1 I r•A f V I/ I I � � Exhibit 1, page 8 DATE: 14 April 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 4 April 2023 Addendum to License Agreement 13 pages 10 Mile Franklin, LLC Kennedy Lateral Instrument#2023-020327 Agreement 18 pages The City of Meridian Kennedy Lateral Instrument#2023-020328 License Agreement 11 pages TDS Metrocom, LLC Langdon Lateral Instrument#2023-011220 License Agreement 10 pages TDS Metrocom, LLC Conley Lateral Instrument#2023-011223 License Agreement 10 pages TDS Metrocom, LLC 12th Avenue Drain Instrument#2023-011224 License Agreement 6 pages Qwest Corporation d/b/a CenturyLink QC Savage Lateral Instrument#2023-011225 ADA COUNTY RECORDER Trent Tripple 2023-020328 BOISE IDAHO Pgs=18 NIKOLA OLSON 04/10/2023 09:49 AM NAMPA MERIDIAN IRRIG DIST NO FEE IIIIIIIIIII III 11111111111111 IN 11111111111111111 01245233202300203280180188 AGREEMENT AGREEMENT,made and entered into this_q_day of ,2023,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation dist ict organized and existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN,a political subdivision and municipality of the State of Idaho hereinafter referred to as the"City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19,2000,recorded as Instrument No. 100102999, records of Ada County,Idaho,hereinafter referred to as the"Master Pathway Agreement;"and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;to enhance the City's pathway planning though early consultation between the City and the District;to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches,property,operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements and/or fee title property along and across the District's ditches,canals and easements/fee title property therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS,the City is the owner of the real property easement/right of way that is servient to the District's easement/fee title property particularly described in the "Legal Description"attached hereto as Exhibit A and by this reference made a part hereof;and, WHEREAS,the District controls the inigation/drainage ditch or canal known as the KENNEDY LATERAL(hereinafter referred to as"ditch or canal")together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and WHEREAS, the City desires approval to construct, install, operate and maintain: 1) an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12'wide gravel access road(all crossings of the District's gravel access road shall be traffic rated); and 2) landscaping consisting of grasses, sprinklers, shrubs, conifers and class I ornamental trees within the District's easement,under the terms and conditions of said Master Pathway Agreement and those AGREEMENT-Page 1 hereinafter set forth, NOW,THEREFORE,for and in consideration ofthe premises and ofthe covenants,agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct, operate, maintain and repair: 1) an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12' wide gravel access road (all crossings of the District's gravel access road shall be traffic rated); and 2) landscaping consisting of grasses, sprinklers, shrubs, conifers and class I ornamental trees within the District's easement,within the Outer Banks Subdivision,located southwest of the intersection of Ten Mile Road and Franklin Road in Meridian,Ada County,Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with,and running with,all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT 0 - By_L),-4Aa11 Its President 4ATTES ` AGREEMENT-Page 2 THE CITY OF MERIDIAN By Mayor Ro ert E. imison 3-14-2023 A T: UR/y Clerk on 3-14-2023 STATE OF AHO ) ss: County of Canyon ) On this L A__day of 'Cl ,2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Will Patterson and Michael Comeskey,known to me to be the President and Secretary, respectively, of NAMPA&MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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 abovewrigpg. •••, v: 4o'TARy •� Notary Public for Idaho Residing at ,Idaho • p 1G h: My Commission Expires: �Z7 • L. �o UB ��'J O STATE OF IDAHO J'•'�'''N°'Z�ti' �s�s►;�T'6 OV•`0��,, County of Ada ) On this 14th day of March ,2023,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,the entity that executed the foregoing instrument and acknowledged to me that such entity 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. AL CHARLENE WAY Notary Publlor Idaho COMMISSION No. 87390 Residing at_ Meridian,ID , NOTARY PUBLIC My Commission Expires: -2R-2025_ STATE OF IDAHO - - - - - - - - - - - - AGREEMENT-Page 3 EXHIBIT A Legal Description A right-of-way/easement located in the Outer Banks Subdivision ion in the NE1/4 of the NE1/4 of Section 15, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho as more specifically described/depicted in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Location of froperty/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway and landscaping shall be in accordance with Exhibit C-1,attached hereto and by this reference made a part hereof. b. Licensee acknowledges that the District's easement for the Kennedy Lateral includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 55 feet,20 feet to the left and 35 feet to the right of the centerline looking downstream. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 i f ADA COUNTY RECORDER Trent Tripple 2023-007831 BOISE IDAHO Pgs=11 HEATHER LUTHER 02108/2023 11:47 AM CITY OF MERIDIAN,IDAHO NO FEE I ESMT-2022-0271 Outer Banks Subdivision 1 i PEDESTRIAN PATHWAY EASEMENT I THIS AGREEMENT,made and entered into this 7th day of February 2023 between 10 Mile Franklin, LLC, an Idaho limited liability company hereinafter referred to as "Grantor",and 1 the City of Meridian, an Idaho municipal corporation whose address is 33 E. Broadway Ave., Meridian,Idaho 83642,hereinafter referred to as "Grantee"; ! WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and [ WHEREAS,Grantor desires to grant an easement to establish a public pathway,and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein and be responsible for the ongoing repair and maintenance of said j pathway improvements; and f I NOW,THEREFORE,the parties agree as follows: f I GRANTOR does hereby grant unto Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated i herein. ; THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements, Pedestrian Pathway Easement 4692-0115-0530,v.1.1 Exhibit A-1, page 1 GRANTOR hereby covenants and agrees with Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such 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. GRANTOR does hereby covenant with Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. The parties agree that the pathway and the easement identified herein is provided for "recreational purposes,"as defined in Idaho Code Section 36-1604 and is therefore subject to the limitations on liability set forth therein. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. [end of text—signatures on following page] Pedestrian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 2 GRANTOR: 10 MILE FRANKLIN, LLC, an Idaho limited liability company By: Franklin Mile Managers, LLC, an Idaho limited liability company Its: Manager By: Sunny Cove LLC, an Idaho limited liability company Its: Manager Mark Engstrom,Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date),by Mark Engstrom as Manager of Sunny Cove LLC, the Idaho limited liability company that is the Manager of Franklin Mile Managers, LLC, the Idaho limited liability company that is the Manager of 10 Mile Franklin, LLC. NOTARY PUBLIC FOR IDAHO Commission Expires: Pedestrian Pathway Easement 4892-0115-0530.v.1.1 Exhibit A-1, page 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of �t7 I�0 ) On_ .6 p C e AA eV 1 S 2.0 ZZ' before me, clot t14:�'( M . S k f' 1 w _ Notary Public personally appeared P1 ct V 1< E v�:j s 0 Im who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal. SIGNATURE *� CATHY M.SHELTON 40 OMM #2398E02 APLSUC.CAUFOLO COON•EMPIRES APR.2 � CA-Notary Acknowledgment—One Page Exhibit A-1, page 4 GRANTEE: CITY OF MERIDIAN R ert Simis "`°"�� 2023 iore SPA1. p� Attest by 1hris Johnson, tty Clerk 2-7-2023 Approved By City Council On: 2-7-2023 STATE OF IDAHO ) : ss. County of Ada ) On this 7th day of February, 2023 before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT 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. (SEAL) NOTARY PUBLIC FORIMAHO Residing at: Merich'ah,Idaho CHARLENE WAY Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Pedestrian Pathway Easement 4892-011"530,Y.1.1 Exhibit A-1, page 5 EXHIBIT A Legal Description of Easement Property IDAHO 9955 W Emerald St SURVEY 001%,ID 83704 GROUP PNx*:(208)W-8570 Fax: (20B)884.5399 Outer Banks Subdivision pathvray Easement Boundary Description Project Number 21-574 November9,2022 A 12-foot wide easement situated In the northeast quarter of the northeast quarter of Section 15, Township 3 North,Range i West,Boise Meridian,City of Meridian,Ada County,Idaho,and being 6.00 feet on each side of the following described centerline: Commencing at the northeast comer of Section 15,Township 3 North,Range 1 West,Boise Meridian; Thence N89'1S'23'W,2320.37 feet along the north line of Section 15 to the northwest comer of the northeast quarter of the northeast quarter of Section 15; Thence S00'35'22"W,73.12 feet along the west line of the northeast quarter of the northeast quarter to the south right-of-wayllne of W.Franklin Rd.; Thence S89'15123"E,6.15 feet along the south right-of-way line OF IN.Franklin Rd.to the POINT of BEGINNING: Thence 501'00'00'W,8.17 feet; Thence 13.40 feet on a curve to the left,having a radius of 16.00 feet,a central angle of 48'0D'00",a chord bearing of S23'00'00'E,and a chord length of 13.0Z feet; Thence 51.02 feet on a reverse curve to the right,having a radius of 79.00 feet,a central angle of 37'00'00',a chord bearing of S28'30110"E,and a chord length of 50.13 feet; Thence 20.25 feet on a compound curve to the right,having a radius of 129.00 feet,a central angle of OW00'00",a chord beating of 505'30W'E,and a chord length of 20,24 feet; Thence 30.89 feet on a compound curve to the right,having a radius of 118.00 feet,a central angle of 15'00'00",a chord bearing of 50630'00"W,and a chord length of 30.80 feet; Thence 63.03 feet on a reverse curve to the left,having a radius of 269.00 feet,a central Angie of 13'06'00",a chord bearing of S07'30'00"W,and a chord length of 60.90 fret; Thence 20.21 feet on a compound curve to the left,having radius of 193.00 feet,a central angle of 06'00'00",a chord bearing of S02'00'DO'E,and a chord length of 20.20 feet; Thence 37.93 feet on a compound curve to the left,having a radius of 42.00feet,a central angle of 53'00100',a chord bearing of 531.30'00"E,and a chord length of 36.59 feet; Thence 40.79 feet on a reverse curve to the right,having a Q1►1 1AI radius of 57-00 feet,a central angle of 41'00'00',a chord ' G bearing of 537'30'00"E,and a chord length of 39.92 feet; 34 Page 1 of 3 ay s :lJ Of of cy'ff1 S, gym Pedestrian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 6 IDAHO 9955 W Emerald St SURVEY 6olse,ID 83704 GROUP phone.(203)846.8570 Fax: (208)884.53" Outer Banks Subdivision Pathway Easement continued_ Thence 102.97 feet on a reverse curare to the left,having a radius of 100.00 feet,a central angle of 59'00'00",a chord bearing of 546'30'00"E,and a chord length of 9&48 feet; Thence 26S3 feet on a reverse curve to the right,having a radius of 20.00 feet,a central angle of 76'00'00",a chord bearing of S38'00'0o"E,and a chord length of 24.63 feet; Thence S00'00'001,53.00 feet; Thence 69.98 feet on a curve to the left,having a radius of 77.00 feet,a central angle of 52'00100 a chord bearing of 526'00'00'E,and a chord length of 67.51 feet; Thence 8S.45 feet on a reverse curve to the right,having a radius of 288.00 feet,a central angle of 2rWOD",a chord bearing of S4330'00'E,and a chord length of 85.14feet; Thence 31.52 feet on a reverse curve to the left,having a radius of 42.00 feet,a central angle of 43.00'00",a chord bearing of S56'30110'E,and a chord length of 30.79 feet; Thence 30.37 feet on a compound curve to the left,having a radius of 174.00 feet,a central angle of 10'00'00',a chord bearing of S83'00'00"E,and a chord length of 3033 feet; Thence 24.92 feet on a reverse curve to the right,having a radius of 84.00 feet,a central angle of 37'00'00",a chord bearing of S79'30'OD"E,and a chord length of 24.83 feet; Thence 37.87 feet on a compound curve to the right,having a radius of 3S,00 feet,a central angle of 62'00'00',a chord bearing of S40'00'00'E,and a chord length of 36.05 feet; Thence 54.79 feet on a reverse curve to the left,having a radius of 43.00 feet,a central angle of 73'00'00',a chord bearing of S45'30'001E,and a chord length of 51.15 feet; Thence 134.39 feet on a reverse curve to the right,having a radius of 110.00 feet,a central angle of MOW",a chord bearing of 547'DOW*E,and a chord length of 226.19 feet; Thence 108.28 feet on a reverse curve W the left,having a radius of 241.00 feet,a central angle of 44'00'00",a chord bearing of S34'00'00"E,and a chord length of 105.64 feet; Thence S56'00'W'E,26.00 feet; Thence 60.81 feet on a curve to the left,having a radius of I68.00 feet,a central angle of 13'00'00",a chord bearing of S62'30'00"E,and a chord length of 6D.68 feet; Thence 81.16 feet on a reverse curve to the right,having a radius of 186.00 feet,a central angle of 25'0OW%a chord bearing of S56130UPE,and a chord length of 8D.52 feet; Thence 33.42 feet on a reverse curve to the left,having a radius of 59.00 feet,a central angle of 33'00'00",a chord bearing of S S60'30'00"E,and a chord length of 32.93 feet; o 1 334 U 16 t4 Page 1 2 rf 3 +Y, 4T Ft S. �yQ Pedestrian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 7 IDAHO 9955 W Emerald St SURVEY bolse,ID 93704 Phone:(208)$46.8570 GROUP Fax: (208)884-53" Outer Barrhs Subdivision Pathway Easement continued... Them 19.57 feet on a reverse curare to the right,having a radius of 59.00feet,a central angle of 19'00'00",a chord bearing of 567'3000'E,and a chord length of 19.48 feet; Thence 558'00'00"E,37.00 feet; Thence 6.96 feet on a curve to the right,having a radius of MOD feet,a central angle of 21'0010",a chord bearing of 547'30'00"E,and a chord length of 6.92 feet; Thence 56,06 feet on a reverse curve to the left,having a radius of 73.00 feet,a central angle of 44"00'D0",a chord bearing of S59'00'00"E,and a chord length of 34.69 feet; Thence 35,81 feet on a reverse curve to the right,having a radius of 19.00 feet,a central angle of 108'00'00",a chord bearing of S27'00'00"E,and a chord length of 30.74 feet; Thence 37.52 feet on a reverse curve to the left,having a radius of 25.D0 feet,a central angle of 86'00'00',a chord bearing of S16'00'00"E,and a chord length of 34.10 feet; Thence$59'00'00'E,75.00 feet; Thence 35.19 feet on a curve to the left,having a radius of 48.00 feet,a central angle of 42'00'00',a chord bearing of S80'00'00'E,and a chord length of 34AD feet; Thence 68.64 feet on a reverse curve to the right,having a radius of 69.00 feet,a central angle of 57'00'00",a chord bearing of S72'30'00"E,and a chord length of 65.85 feet; Thence 23.95 feet on a reverse curve to the left,having a radius of 49.00 feet,a central angle of 28*00*00",a chord bearing of 558'00'00'E,and a chord length of 23.71 feet; Thence 14.66 feet an a reverse curve to the right,having a radius of 20.00 feet,a central angle of 42'00'W',a chord bearing of 551'W00"E,and a chord length of 14.33 feet to the POINT Or ENDING. The above-described easement contains 0.45 acres,more or less. The sidelines of the above-described shall extend or contract to form a dosed figure and to dose upon the property lines at the POINT OF BEGINNING and at the POINT OF ENDING, . L 4 4 Pape 3 of 3 �, 'I£ or 0� rysl( � eyQ- Pcdest ian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 8 EXHIBIT B Depiction of Easement Property sn it $ o t 'h 'Pa o@PI U91 S All o0000 u ' C C / / Y r{I O a W N I SW �a n� Y I O �• �j CIO '!v j d044 OD IM W o� m cIM I � } / _ > H it 8No m rooms �o � OR t) 8y ry W M o�d <Z) 0 Pedestrian Pathway Easement 4892-0115-0530,Y.1.1 Exhibit A-1, page 9 C Yoa .� "` o � �1'•� 0� aw V� 1 /V �y la •t'sf // I�ppos SO P j Q ' / u voz cb fA � B IL m° W / ll _ N Pedestrian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 10 Sv d 3 do mNN � ''� j� na � ♦g � n .� {� rl W Ifl 1*'1 ✓1 b N ~ Sim S SC B. a �Wa' $ Wa �� 8 $ $ $ 8 8 8 8 $ $ ¢ n n n = N n r N 1'i W W W � tj W in r�`i p b' n m u v n U U U U U NU N U N n�n /� • V $$sa L] d 4 N o a O b a i m ih C o n n io y� m ,' J p ri d d o ri r d f n m B as n n a n n m N u 9� n N n in L• o �i 0 5 d ai W W W W W W W )r r W W W W !f► 8 8 8 8 Q 8 S $ $ S 8 $ $ 8 8 8 8 V m '�'> b n $ n n o p b b b $ � R2 u pid on in - `� o H w o n n b, to '3 m g n o N n a' !!d Pedestrian Pathway Easement 4692-0115-0530, Exhibit A-1, page 11 h Y l ' D i •��lool i= l 111F 7 I B All 1 ± s f 1 TOO11 If,; it ,.u..a ��a� - a :ia,.:a•.a r 1 1{� I Y'Z'f.�i�L.Ir�jr;66:f #f� �� =• � __ �'� �'� a .lid"*�� _.��_+r_�. ,r'` _ ; ;, - •° `'" 1/ . 0� �'`i }' � !� =1 1..1 1, P/ �e. ,�• �' ��' � - CAD } W N N n a 0 > D t 0 r 0 > m = r Q m 17 m 0 r •� m O n V� C a5' 0 7� m 4 4 o 0 £ O O m Fi m moL8• a' n a. c ak JI WIN ° 2 o o 'f' C cN co) Z z�m5o m 0 0~9mI m ;;O N,• 0 ME >ZDmm 6 n mm y0 ® (/)0010' v D 33 0 Orm0 7 § m�zo rC 000 * D _ maa o"� " � 3 m r z D 3 r D O m n n - m m S 0 r 4 o • g� � � $o€g rteJ ra rig m $$g I�III� 0 a 0 ;"�" rla-rt-pm ti > of IlYs x O a z �y ��F>a €' m 0 f m m f�3'� rs � � e O � P yr' � �`" U1 '� x C g a s g i' a m 'iti +' + prA ' 9 La me $��" $e _ I I IQ- 00 o r �o - a • R Outer Banks Subdivision NMID �;�� = O $ ELM € a $ IMPROVEMENTS '� f Am1 10 Mile and Franklin f �r i O z N Parcel Number 31 2151 1 0058 DETAILS Meridian •Idaho•83642 un'N . ., . . ,,.®.. ,,..• F.xhihitM('_-1 . naoPp.',._,..rUn. .a. _,w„ .,...x,.,.., m m A A V F - m / / s +.� i NMID _ o m _ fa 10 Mile and Franklin i Parcel Number 51215110058 High Density Entry Outer Banks Subdivision IMPROVEMENTS D Meridian •Idaho•83642 �Exh i h i f- (`_1,��...na r>•a ..,'1m.��aa�.,...,.�.,•,w.�..,��„w� E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Matador Estates Subdivision H-2022-0043) Between the City of Meridian, Nicholas Gifford, and Quantum LTD, Inc. for Property Located at 1235 E. McMillan Rd. ADA COUNTY RECORDER Trent Tripple 2023-015392 BOISE IDAHO Pgs=36 VICTORIA BAILEY 03/16/2023 11:50 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Nicholas Gifford, Owner 3. Quantum LTD.,Inc., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 1.4th day of March , 2023, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Nicholas Gifford, whose address is 1235 E. McMillan Road, Meridian, ID, 83642, hereinafter called OWNER, and Quantum LTD., Inc., whose address is 1110 N. Five Mile Road, Boise, Idaho 83713, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-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 and/or Developer has submitted an application for annexation and zoning of 5.09 acres of land with a request for the R-4 zoning district on the property as shown in Exhibit"A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or 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 made; and 1.6 WHEREAS,the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council includes DEVELOPMENT AGREEMENT—MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 1 OF 8 responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment;and 1.7 WHEREAS, on the 9th day of November, 2022, the Meridian City Council approved certain 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 and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner and/or 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 and/or 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: means and refers to Nicholas Gifford, whose address is 1235 E. McMillan Road,Meridian,ID,83642,hereinafter called OWNER,the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Quantum LTD., Inc., whose address is 1110 N.Five Mile Road,Boise,Idaho 83713,hereinafter called DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 2 OF 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 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. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home proposed to remain on Lot 6, Block 4 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. 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: 7.1 Acts of Default. In the event Owner and/or Developer, or Owner and/or Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this agreement, Owner and/or 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 DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 3 OF 8 complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or rezone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or 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. 7.6 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer 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. 9. REQUIREMENT FOR RECORDATION:City shall record this Agreement,including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and 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. DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 4 OF 8 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 and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner 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: Nicholas Gifford Quantum LTD., Inc. 1235 E. McMillan Road 1110 N. Five Mile Road Meridian, Idaho 83642 Boise, Idaho 83713 14.1 A party 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 jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 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 DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 5 OF 8 Owner and/or 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or 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 parry 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 parry(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 and/or 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 and/or 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 ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing rezoning of the 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. 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; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WTTNF.SS WHFRFOF,the parties hax-e herein executed this agreement and made it effective as hereinabove provided. OW 'ER: icholas Gifford STA1-1:LDS= @ i Couniv Lt :ice i 2d2-3 On this f N day of ��+e,+a,—( 2,before me.the undersigned.a Notan Public in and for said State- personally appeawd Nicholas Gifford.known or identified to me to be the person Min signed above and acknowledged to me that he t-xccuted tic same. IN WITNESS WliFRFOF, t have hereunto set my hand and affixed my ollicial seal the day and vear in this certificate first above uTitten. - r t:J r--, DANTE RICHAROSON s .^�� :�Not Public State of Utah U[at,' li Qy 4 ��^ _4 O' 1 Comm.No.7tSt20 i,fy Commis inn Expires y�+'J my Commission Expires on 27 May a.202: DEVELOPER: Quantum I.TD., Inc B-: aft a ef-lan.-a lts: STAT . OF MATFO Count'of Ada r 2pZ3 On this (o day of a,G before me,the undersigned.a Votary Public in and for said State. personally appeared Marty Camherlango. known or identified to me to he the of Quantum LTD., Inc.,and Elie person who signed above and acknowledged to me that he executed the sailic on behalf of said Company. IN NVITNr'SS WHERFOP. 1 have hereunto set mv hand and affirmed my official Seal Ehc day and year in this certificaEe firs_is�u:c sriEEen- CLYDE B CRANDALL ®,A Notary Public State of Idaho /Commission Number 13278 '•ti My Commission Expires Nov 6, 2024 Votan pub is My tointni;sign ExpEres: I l4 —%O Z4/ OL�9=1APtft1T A,iRE'r htENT—M•%T•%f)oP liiT•tTFj SL-Br)1ViSlO\(H-20_2-004�I P ()F t4 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-14-2028 Chris Johnson, City Clerk 3-14-2023 STATE OF IDAHO ) ss County of Ada ) On this I4th day of March ,2023 before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public My Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—MATADOR ESTATES SUBDIVISION(H-2022-0043) PAGE 8 OF 8 EXHIBIT A k—J'1. 'Vil MSS LAND SURVEYING PLLC Client: Marty Camberlango Date: June 24, 2022 Job No.: 1422 ANNEXATION DESCRIPTION A parcel of land being a portion of Lot 5 of Crestwood Subdivision No. 1 and located in the NE 1/4 NE 1/4 of Section 31,Township North, Range 1 East, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at a found Zinc Cap monument stamped "PLS 7043" marking the NE Corner of said NE 1/4 NE1/4, (Section corner common to Sections 29, 30, 31, and 32), said corner bears S. 89°46'04"E., a distance of 2632.39 feet from a found Aluminum Cap marking the N 1/4 of said Section 31; Thence along the Northern Boundary line of said NE 1/4 NE 1/4 also being the Centerline of E. McMillan Road, N. 89°46'04"W., a distance of 936.52 feet to the POINTOFBEGINNING, Thence leaving said Northern Boundary, S. 00°13'35"W., a distance of 33.00 to a point on the Southern Right-of-Way of said E. McMillan Road; Thence along a line that is 6.00 feet West of and parallel with the Easterly boundary of said Lot 5, S. 00°34'25"W., a distance of 629.45 feet to a point on the Northern Boundary of Havasu Creek Subdivision No. 1, Book 66, Page 9737; Thence along said Northern Boundary of Havasu Creek No. 1, and the Northern Boundary of Havasu Creek Subdivision No. 2, Book 87, Page 9875, N. 89°56'32"W., a distance of 334.40 feet to a found 5/8 inch iron pin stamped "PLS 4116"; Thence leaving said Northern Boundary of Havasu Creek Subdivisions No. 1 and 2 along the Westerly Boundary of said Lot 5, N. 00°34'25" E., a distance of 630.47 feet to a point on said Southern Right-of-Way of E. McMillan Road marked by a found bent 1/2 inch iron pin without a cap; Thence N. 00°13'56" E., a distance of 33.00 to a point on said Northern Boundary line of said NE 114 NE 1/4 of Section 31; Thence along said Northern Boundary line, S. 89°46'04" E., a distance of 334.39 feet the POINT OF BEGINNING. This parcel contains 5.09 acres(221,685 square feet) more or less. NpL �aNO 623 11th Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com s89'46'04"e . . . . . . 3 LO - to cvv . . . . . . tr o 'o - - - - - - - - - :_� N D F e�rs_ .= SCr �p tin�'r 3NA: n89'56'32 1422-Matador Annexation 6/24/2022 Scale: 1 inch= 76 feet File: 1422-Matador Annexation Closure-06242022.ndp Tract 1:5.0892 Acres(221685 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/947071),Perimeter=1995 ft. 01 s00.1335w 33.00 02 s00.3425w 629.45 03 n89.5632w 334.40 04 n00.3425e 630.47 05 n00.1356e 33.00 06 s89.4604e 334.39 ANNEXATION EXHIBIT BEING IN LOT 5, BLOCK 1, CRESTWOOD SUBDIVISION NO. 1, LOCATED IN THE NE1/4 NE1/4 OF SECTION 31, T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO Sec.30 E.MCMILLAN RD. "PLS 7043" _ _ N 89046104"W 2632.39' Sec.30 Sec.29 S&1 N1/4 C r. ' N 00"13'56"E 334.39' 00'�' 6'W ag36..52' Ser..31 ec.32 CP&F Inst.No.2014-096192 33.00' 33.00' CP&F Inst.No.111098263 Illegible No Cap Bent I i 4 O W CRESTWOOD SUBDIVISION NO.1 v; BOOK 28 PAGE 1757-1758 o � N w W e zn - co N o LEGEND Calculated point i ® Found zinc cap monument ® Found aluminum cap monument Q Found 5/8 inch dia.iron pin i I O Found 1/2 inch dia.iron pin I QBlock number OLot number Boundary line ...... Property line Sec.31 Sec.32 Section line 'CP&F Inst.No.2022-019458 Illegible 0 50 100 200 it Scale: 1"=100' "PLS 4116"a _ _ �— r — N 89°56'32"W 334.40' HAVASU CREEK SUBDIVISION NO.2 HAVASU CREEK SUBDIVISION NO.1 BOOK 87 PAGE 9875 I BOOK 86 PAGE 9737 COMPASS LAND SURVEYING, PLLC 623 11th Avenue South Nampa, ID 83651 JN 1422 Office: (208)442-0115 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:. AND DECISION& ORDER In the Matter of the Request for Annexation of 5.09-Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 14 Building Lots and Two (2) Common Lots on 4.84-Acres of Land for Matador Estates Subdivision, by Quantum LTD,Inc. Case No(s).H-2022-0043 For the City Council Hearing Date of: October 25, 2022 (Findings on November 9, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 25, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 25, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 25, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 25,2022, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 25, 2022, 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 and zoning and preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of October 25,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 -2- 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. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 25, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 -3- By action of the City Council at its regular meeting held on the 9th day of November 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Gbert I . Sim,.ison 11-9-2022 Attest: 3¢ (iiynl SEAL Chris Johnso 11-9-2022 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. 0-0i"- -w 11-9-2022 �jBy: �i Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING October 25, 2022 Legend DATE: ( I�P��c- Lxa=or k TO: Mayor&City Council - FROM: Sonya Allen,Associate Planner ' 208-884-5533 SUBJECT: Matador Estates H-2022-0043 i rz LOCATION: 1235 E. McMillan Rd., in the NE 1/4 of Section 31,TAN., R.IE. (Parcel � F #R1608650122) FFF $ EEI _MID Fa ----- I. PROJECT DESCRIPTION Annexation of 5.09 acres of land with an R-4 zoning district; and preliminary plat consisting of 14 building lots and two(2) common lots on 4.84 acres of land in the R-4 zoning district for Matador Estates Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.84 acres Future Land Use Designation Low Density Residential(LDR) Existing Land Use Single-family rural residential(SFR) Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-4(Medium Low-Density Residential) Lots(#and type;bldg/common) 14 building/2 common Phasing plan(#of phases) NA(not proposed to be phased) Number of Residential Units(type 14 single-family detached units of units) Density(gross&net) 2.89 units/acre(gross) Open Space(acres,total[%]/ 0.33 acre(or 7%) buffer/qualified) Amenities Sitting area with a concrete or paver surface with benches Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting 4/12/22 date History(previous None(Lot 5,Crestwood Subdivision No. 1;property boundary adjustment approvals) —ROS#12793 in Ada County) B. Community Metric Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing There is one(1)existing stub street(E.Territory St.)to this property at the Conditions project's west boundary. • CIP/IFYWP Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): • The North Meridian Community improvement project,is scheduled in the IFYWP,const enhanced pedestrian facilities on the north side of McMillan Road, on McMillan Roa Red Horse Way to Locust Grove Road,construction in 2026. • Bike Signage Community improvement project,is scheduled in the IFYWP,establishin bike way corridors, per the Bike Master Plan, including wayfinding and bike signage Horse Way,crossing McMillan Road from Fairview Avenue to Joshua Tree Drive,const in 2026. • McMillan Road is listed in the CIP to be widened to 3-lanes from Meridian Road to Grove Road between 2031 and 2035. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Ustick Road to M Road between 2036 and 2040. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from McMillan R Chinden Boulevard(SH20126)between 2036 and 2040. Access(Arterial/Collectors/State Existing access is provided via two(2)driveways from E. Hwy/Local)(Existing and Proposed) McMillan Rd.,an arterial street.Proposed access is via the extension of an existing stub street(E.Territory St.)at the west boundary of the site;the existing driveways will be closed with redevelopment of the site. Proposed Road Improvements ACHD is requiring McMillan Rd.to be widened to 17' from centerline,with a 3'wide gravel shoulder abutting the site. Territory St.is required to be extended into the site&Matador Ct.constructed as a 33'wide local street section with curb, gutter,a detached 5'wide sidewalk and a landscape strip. Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services I Directly adjacent • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns • Flow is committed • See Public Works Site Specific Conditions Water • Distance to Services Directly adjacent • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions C. Project Maps Future Land Use Map Aerial Map -.... Legend Legend I IP��c- Lxa=or. EO i LU i m � E mnitm iulM i F- rr5lty E-MCN' - `I-RD ibi E' Rp side' i Lew ty musk Etl`_ R J Fir YkI fil, PN R!, ohm ,sn '1 -' Z .RaS �_7.f ,L+y, Zoning Map Planned Development Map Legend 0 Legend Prajeat Lnoa tor. RU I � Prajeat Lnoa lion +_i City Ling# '4 ---� -� — Plorsraed Parcafs i i RUT RUT r ' iu E- MN FFFF TM a RU f R-8 YR-8 ESTdR 6RR -15 L, �R1HH . III. APPLICANT INFORMATION A. Applicant: Marty Camberlango, Quantum LTD., Inc. — 1110 N. Five Mile Rd., Boise, ID 83713 B. Owner: Nicholas Gifford— 1235 E.McMillan Rd., Meridian, ID 83642 C. Representative: Marty Camberlango, Quantum LTD., Inc. — 1110 N. Five Mile Rd.,Boise,ID 83713 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/31/2022 10/9/2022 Radius notification mailed to property owners within 300 feet 8/25/2022 10/6/2022 Public hearing notice sign posted 9/4/2022 10/13/2022 on site Nextdoor posting 8/25/2022 10/5/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low Density Residential(LDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for the development of single-family homes on large and estate lots at gross densities of three(3)dwelling units or less per acre. The subject property is an enclave surrounded by City annexed land developed with single-family residential homes on land designated LDR and Medium Density Residential(MDR) on the FLUM. The Applicant proposes a 14-lot subdivision for single-family residential detached homes at a gross density of 2.89 units per acre,which is within the desired density range of the LDR designation. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. Local streets are proposed internally for access to the proposed lots. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family detached dwellings on larger lots than typical will contribute to the variety of single-family residential properties in the City. • "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 and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) This area consists primarily of single family detached homes with some variety in lot sizes between the LDR and MDR designated areas. The proposed development offers a variety of lot sizes from 8,132 to 11,219 square feet, not including the 32,231 square foot lot where the existing home is proposed to remain. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed development incorporates lot sizes consistent with those to the west and south, which should be compatible with surrounding uses and densities. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family residential use should be compatible with other single-family residential uses abutting this site. The proposed site design should also be compatible with adjacent uses as lots are similar in size. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed infill development shouldn't negatively impact adjacent properties as the residential use and lot sizes are compatible. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision is required to connect to City water and sewer service. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than the sidewalk along E. Territory St.A micro path connection is proposed from the internal sidewalk along Matador Ct. to the sidewalk along McMillan Rd. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 5.09 acres of land with an R-4 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A property boundary adjustment application was tentatively approved by Ada County in 2021 to shift the common lot line between Lots 5 and 6,Crestwood Subdivision,5-feet to the east. The Applicant should obtain final approval of this application prior to City Council approval of the proposed annexation. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided into 14 building lots for 13 new single-family residential detached dwelling units;the existing home is proposed to remain on Lot 6,Block 4(see Sections VIII.B,D). The proposed use and density of the development is consistent with the LDR FLUM designation. Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. This property, along with the property to the east, is an enclave surrounded by existing and future single- family residential detached homes to the north(Tustin), south(Havasu Creek) and west(Silver Springs). As noted above in Section V, development of infill properties is supported provided it doesn't negatively impact the abutting, existing development. Because like uses(i.e. single-family detached residential) are proposed on similar size lots,the proposed development should be compatible with adjacent uses and shouldn't negatively impact them. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 14 building lots and 2 common lots on 4.84 acres of land in the proposed R-4 zoning district. Proposed lots range in size from 8,132 to 11,219 square feet(s.f.)with a 32,231 square feet lot where the existing home is proposed to remain. The subdivision is proposed to develop in one phase as shown on the preliminary plat in Section VIII.B. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that currently takes access via McMillan Rd. The existing home is proposed to remain on Lot 6, Block 4 and access will be taken internally from within the subdivision.Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. The proposed plat appears to comply with the dimensional standards of the district,except for the street frontage of Lot 8,Block 4 which should be a minimum of 30 feet; the plans should be revised accordingly. Access: Access is proposed via internal local streets. E. Territory St. is proposed to be extended from the west to the east boundary for future extension to the east. The existing access via McMillan Rd. is required to be removed. The address for the existing home is required to change since access will no longer be provided from McMillan Rd.; the new address will be off Matador Ct. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required to be provided along E. McMillan Rd., an arterial street,per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer with a berm is proposed along McMillan with 10 shade trees, shrubs and groundcover. A detailed landscape plan should be submitted with the final plat that complies with the aforementioned standards; detail#5 on Sheet L-1 should include the proposed berm along E.McMillan Rd.; and the location of the edge of paving should be depicted on the plan.If the unimproved street right-of-way is ten(10) feet or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover per UDC 11-3B-7C.5a. A total of six(6)trees are proposed to be removed from the site(and possibly another one) as depicted on the landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B- 10C.S. The Applicant should coordinate with the City Arborist(Kyle Yorita kyoritaAmeridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape plan should be revised to include shrubs,along with the proposed trees and vegetative groundcover along the pathway on Lot 7,Block 4.A minimum of 5-feet should be provided outside of the easement area for trees; widen the lot if necessary to accomplish this. Common Open Space& Site Amenities(UDC 11-3G-3): Common open space and site amenities are required to be provided with development for properties of 5 acres or more in area per the standards listed in UDC 11-3G-3. This site consists of 4.84 acres of land—the annexation boundary is 5.09 acres.Although not required by the UDC, Staff recommends as a provision of annexation in the DA that a minimum of 12% (or 0.58 acre) common open space is provided with development.The landscape plan depicts 21,218.87 s.f. (or 0.49 acre) of common open space consisting of a 7,080 s.f. common area lot(Lot 2,Block 4), 2,840.74 s.f. of linear open space with a pathway(Lot 7,Block 4), and 50%of the street buffer along McMillan Rd. consisting of 4,178.13 s.f. The plans should be revised to include an additional 0.09 acre of qualified common open space. If 8-foot wide parkways are proposed,they could count toward this requirement; parkways must comply with the standards listed in UDC 11-3A-17 and 11-3G-3B.4. As a provision of annexation, Staff recommends a site amenity totaling a minimum of one(1)point is provided within the development.A sitting area with a concrete or paver surface with two(2) benches in Lot 7,Block 4.If a structure for shade and picnic tables are added to this area,it could qualify as a picnic area,which is two (2) points; or,the Applicant may choose another qualified amenity from UDC Table 11-3G-4. Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site. A micro-path is proposed on Lot 7,Block 4 for access from the internal sidewalk to the sidewalk along McMillan Rd. The pathway should be constructed per the standards listed in UDC 11-3A-8. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along McMillan Rd., an arterial street as proposed. Waterways:No waterways of significant size cross this site. Fencing: A 2.5-foot tall rock wall is proposed at the back edge of the street buffer along McMillan Rd. Fencing is not proposed. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 6,Block 4 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical resort was submitted with this subdivision. Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate what future homes in this development will look like(see Section VIII.F). A mix of single-story(with and without bonus rooms)and 2-story homes are proposed with a mix of building materials, including stone veneer accents, and architectural elements. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on September 15,2022. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. I. Summary of Commission public hearing a. In favor: Marty Camberlango b. In opposition:None C. Commenting. Randy Spiwak,Parkins-Nourse#14 Lateral Association d. Written testimony: Neil Wilson e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Surface water delivery, design of the pressurized irrigation system, and plan approval from the lateral association. 3. Key issue(s)of discussion by Commission: a. City's requirements to provide a pressurized irrigation system for the proposed subdivision. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on October 25,2022. At the public hearing the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Marty Camberlangg AApplicant b. In opposition: None c. Commenting:None d. Written testimpny*None e. Staff presenting application: Sonya Allen 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. Appreciation that the deiign of the proposed development is compatible with adjacent residential uses. 4. City Council change(s)to Commission recommendation. a. None VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map -)AJ LAND SURVE7'1NO PLLC Ckent:Ma rty Comberla ngo (lake:June 24,2022 JO Na,1422 ANNEXATION DESCRIPTION A parool of land being a portion of Lot 5 of Crestwood Subdivision No. 1 and located in the NE V4 NE V4 of Section 31,Township 4 North,Range 1 East,Boise Meridian,Ada County,Idaho,more partieularly described as fpIIpWS; Cammencing al a found Zinc Cap monument stamped'PLS 7043'marking the N L Cornef of said NE V4 NEV4,(Sectlan corner common to&&Bons 20.30,31,and 32),said Comer bears S.W46'04'E..a distance of 2632.39leet from a found Aluminum Gap marking Tha N 13 of sold 5eclion 31; Ttferloe along Me Northern Boundary line of said NE V4 NR V4 also being the Centetiine of E.McMillan Road, N.89'46`04"W.,a distance of 93 .52 feet W the POINT-OF BFGIWAI , Thence leaving said NOFthern Boundary,S.OW13'35"W.,a dislance of 33.00 to a polnt on the Southern Right-f-Way of said E-WMil la rn Road; Thence along a line that is 6.00 feet west of and parallel with the Easterly boundary of said Lot 5-S. 00'34'28"W.,a distance of 629.45 feet ro a point on the Northern Boundary of Havasu Creek Subdivision No-1,Book66,Page 0737; Thence along said Northern Boundary of Havasu Creek No. 1,and the Northern Bou ndary of Havasu Creak Subdivision No.2,Book 87,Page 9875. N.89'56'32'W„a distance of 334-40 feet to in found 518 inch Iron On stam pad'PLS 4116°; Thence leavi ng said Northern Boundary of Havasu Creek Subdivisions Na.1 and 2 along the Westerly Boundary al said 1,ol 5,N QV34'25'E.,a distance of 630-47 feet to a point on said Southcm Right-of-Way of C.McMillan(load marked by a found butt 112 inch iron pin without a cap; Thence N.00'13'56"E,a distance of 33-00 to a point on said Norlhern Boundary lino of said NF 114 NE 114 of Seaoln 31; Thence along$ald Northern Boundary line,S.89146'44"E-,a distance of 334.39 leer ilia POINVOF 6�GINNJM1IG. This parcel cmlains 5.09 acres(221.05 square feet)more ar less. a 1g It 623 11 th Avc.South,N=ps,ID 83651 -T.(2M)44?01 1.5'C,(20 )60b-2510'tgray.c1K &r=j.com ANNEXATION EXHIBIT BEING IN LOT 5, BLOCK 1, CRESTWOOD SUBDIVISION NO. 1, LOCATED IN THE INE1A NE1/4OF SECTION 31, T, 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO Sec 3U E.MCMILLAN RD. "PLS 7MY N 8r4$'0 W MIY Sar.3a Sec.29 31 N1�4 N 00°13',W E — - °3 5 ' Sep.31 ec.32 CP&F lock No.2014-W9'1 _� 33_l]� _ _ �OW� CP&F Inst Na.1 11a%M3 IRegl6le No Cap 9�en+, I I I I CRESTWOOD SURDIVESICN NO.t s z 1 BOOK Za RAGE 1757-175a I� r a f to I LEGEND I f I Galculaw palnk I ® Found zinc Cap mommard Found alumlrmm cap monument ( Found SM inch dia.fimpin Found 1J2 inch dia.-mm pin 1� Block number � h I Lot number _---- Baundahyline Pmmrty k" I Sec.31 See.37 ! &Al on Ilse 'CPAF Insl.NixX22419455 III9git�le 0 % 100 200 Scale; 'P1 S 118' _ N l °56 32W 334 HAVA5V CREEK SVDBIVISfChN NO.? HAVASU CREEK SUDD1'VISION No.I BOOK 87 FACE 9875 I BOOK 86 PAGE 9737 COM PASS LAND SLI RVEY1 NG P P LL 623 11 th Avenue South Nampa, ID&3 51 JN 1422 orrce=(208)442-0116 B. Preliminary Plat(dated: 5/12/22) Ink I 1I i F - y' r: 0M,� x� F`�F- t rg��yErF'g�� 4l�k :!p�F4 yy' •� F _ Yf�• �^'.IU. _. JI. im..wr 3i . MMMI 4 k�1 �k-3 w i C. Landscape Plan(dated: 7/15/2021) NOISIAmns S31#1S3 UOavlvw Y n * - RF �r G i j Ill _ y hti 72; y44"t� he " r 9 w ..1.y y,� W '.�CY Y Y i .Y' I `� y• Y• I N I ' a 6 � I. I � s 6 •C-� ,. o �� 3 -5F r• _ % - 4 � ,a 1 D. Conceptual Building Elevation Photos �•n.r�ram. - RAM r R n•rm rm won me mo ONE ru IX. CITY/AGENCY COMMENTS & CONDITIONS The Applicant shall obtain final approval of the property boundary adjustment application(ROS#12793) from Ada County prior to City Council approval of the proposed annexation-.A final approval letter for the PBA application was submitted. 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. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home proposed to remain on Lot 6,Block 4 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. 2. The final plat shall include the following revisions: a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. b. Graphically depict a 20-foot wide easement for the City of Meridian water main line on Lot 7, Block 4. Also,include a note with the recorded instrument number of the easement; a separate easement will be required. c. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted above for landscaping along the pathway on Lot 7,Block 4. d. Correct the spelling of Matador Ct. (if spelled wrong). 3. The landscape plan submitted with the final plat shall include the following revisions: a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC I1-3B-IOCS. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyorita(c�r�,meridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. c. Modify detail#5 on Sheet L-I to include the proposed berm along E. McMillan Rd. d. Depict location of the edge of paving on the plan. If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover per UDC 11-3B-7C.5a. e. Depict street buffer landscaping in accord with the standards listed in UDC 11-3B-7C. f. Depict landscaping(i.e. shrubs along with the trees and vegetative groundcover) along the pathway on Lot 7,Block 4 in accord with the standards listed in UDC 11-3B-12C. g. Include an additional 0.09-acre of qualified common open space per the standards in UDC 11- 3G-3.If parkways are provided toward this requirement, they must comply with the standards listed in UDC 11-3A-17 and 11-3G-3B.4; amend the plat if needed. h. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted above for trees to be planted along the pathway on Lot 7,Block 4. i. Depict a site amenity totaling a minimum of one (1)point.If a structure for shade and picnic tables are added to the sitting area proposed on Lot 7, Block 4, this area could qualify as a picnic area, which is two (2)points; or, the Applicant may choose another qualified amenity from UDC Table 11-3G-4. If a shade structures is proposed,provide a detail with the final plat application. 4. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the R-4 zoning district shall be removed. 5. The address for the existing home is required to change since access will no longer be provided from McMillan Rd. The Applicant should coordinate the new address with the Land Development Dept. (trickskmeridiancity.org or mamadorkmeridiancity.orQ). B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Must provide to and through to R1608650155. 1.2 Locate sewer manhole E-8 on property boundary. 1.3 Ensure no sewer services pass through infiltration trenches. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I F map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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 prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be 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. 2.7 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 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. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 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. 2.19 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. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=269801&dbid=0&repo=MeridianCiby&cr =1 G. SETTLER'S IRRIGATION DISTRICT(SID) hggs://weblink.meridiancity.org/WeUink/Doc View.aspx?id=269192&dbid=0&repo=Meridian City H. WEST ADA SCHOOL DISTRICT(WASD) No comments were submitted. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=268719&dbid=0&repo=MeridianCity X. 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; The City Council finds the Applicant's request to annex the subject property with R-4 zoning and develop single-family detached dwellings on the site at a gross density of 2.89 units per acre is consistent with the density desired in the LDR designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-4 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Comments were not received from WASD on this application so the Commission is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) 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) The City Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the plat is in conformance with scheduled public improvements for this area in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City 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 The City 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, ef£ 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Procurement Month Proclamation C� fIER IDIAN:--- I iJ fi i�i c:1 The Office of the Mayor PR0C1 AJWAT"I0N WHEREAS, the public procurement profession plays a significant role in the efficiency and effectiveness of both government and business; and, WHEREAS, in addition to the purchase of goods and services, procurement adds value to the organization by performing such functions as executing, implementing and administering contracts, developing strategic procurement strategies and cultivating working relationships with suppliers and departments within the organization; and, WHEREAS, Idaho government procurement professionals dedicate themselves to providing the best value for every taxpayer dollar and continue to expand their knowledge, skills and abilities; and, WHEREAS, the Idaho Public Purchasing Association (IPPA) through its members is committed to providing high-caliber strategic, logistical and operational support of all agencies associated with the Chapter; and, WHEREAS, the IPPA recognizes, supports and practices the Public Procurement Values and Guiding Principles of Accountability, Ethics, Impartiality, Professionalism, Service and Transparency, established by the Institute for Public Procurement. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim March 2023 as Procurement Month in the City of Meridian and urge the residents of our community to join the Idaho Public Purchasing Association in recognizing the role of the purchasing and materials management profession within business, industry and government. Dated this 14`J' day of March, 2023 Robert WSiison, Mayor Brad Hoaglun, City Council President # Joe Borton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Solid Waste Advisory Commission: Fiscal Year 2023 Budget Amendment in the amount of$9,400.00 for Solid Waste Advisory Commission Community Recycling Projects = T I-- 3 0 �a m T F o o Q a a a o Q a a I ° " n Cr. 0 i-+ �.+ t•+ w w � .-r F+ ._. w r+ w a m 0 0 o b Q a o Q rj a. A xt C y ❑ 21 W sf'! � �.; �* ca � 2� Q �" H w w op CD � w w w ❑ 67 Q O Q ,'3 r� � +� �+ w �+ a YC n tz ril w r. 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Ob fIQ C W c��-.•, �1 rn ' 1 GT C N n fD C n N 7 Fz 2 V rb N 1 1 CD N W A- go (D a m n. m N N W X x x Mayor Robert Simison Wl I DIAl�*- City Counci Members Joe Borton Luke Cavener Public Works i d A H L Brad Hoaglun John Overton Department Jessica Perreault Liz Strader 000 TO: Mayor Robert Simison Members of the City Council FROM: Laurelei McVey, PW Director Steve Cory, Chair of the Solid Waste Advisory Commission DATE: February 17, 2023 SUBJECT: NET ZERO BUDGET AMENDMENT TO FURTHER FUND THE SQUISHY WATER BOTTLE RECYCLE SERVICE AND GLASS RECYCLING HAULING SERVICE IN FY23. REQUESTED COUNCIL DATE: 3/7/2023 I. RECOMMENDED ACTION A. Move to: 1. Approve a Budget Amendment to authorize spending from the Community Recycled Fund account. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Sayard Schultz, Solid Waste Coordinator 208-489-1255 Peter Hall, Business Programs Manager 208-489-0355 Alexander Freitag, Business Division Manager 208-489-0376 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background/Recommendations There are two community recycling programs that require further funding to continue through FY23. SWAC recommends utilizing some funding from the Community Recycling Fund (CRF)to accomplish this. Page I of 3 The first program is the squishy water bottle recycling project that aims to test the viability of water bottle recycling in Meridian. Council approved funding for this project from the CRF in both FY21 and FY22. This recycling project has been successful and SWAC is asking to continue the funding through FY23. With continued outreach, squishy water bottle recycling should continue to increase. SWAC would also like to see this offered as a regular service at the Meridian Transfer Station. The second program is the drop-off glass recycling service at the Meridian Transfer Station. The rental of the roll-off containers and the glass processing is currently being partially funded through the City General Fund. Due to increases in fuel and labor,the City has been asked to also pay a portion of the hauling costs of the glass to the recycling facility. SWAC believes that the community greatly benefits from the glass drop-off recycling service and asks Council to also support the partial funding of the glass hauling costs. B. Reason for Amendment Community Recycling Funds are being requested to continue the squishy water bottle program in FY23 and to pay the City's portion of increased glass hauling to the recycling facility for the remainder of FY23. C. Alternatives If this funding is not approved,both of these programs will cease for the remainder of FY23. Additionally, by ending the drop off glass program, the curb side subscription service will also need to be terminated. Currently about 190 customers subscribe to this program. For FY24,Public Works will work to either include continuance of these programs into the general city-wide recycling rates or look to fund these programs with the community recycling fund. IV. IMPACT The Community Recycle Fund will cover the full cost of the water bottle recycle service and glass recycle hauling service outlined below. Item Amount Water Bottle Recycle Service $1,400.00 Glass Recycling Hauling Service $8,000.00 $9,400.00 Reimbursement from CommunityRecycle Fund ($9,400.00) Net Cost to the City $0 Page 2 of 3 V. ATTACHMENTS Community Recycle Fund balance sheet Approved for Council Agenda: c� 1 rI " tq Date 2/17/23 Page 3 of 3 Date Received source of funds REVENUE =12/31/2021 65,189.19 Republic chk 7458559 1/24/2022 Hand in Hand we recycle 123121 1,612.88 Republic chk 7461924 2/15/2022 Hand in Hand we recycle 013122 1,306.20 Republic chk 7468342 3/21/2022 Hand in Hand we recycle 022822 1,249.60 republic chk 20000939 4/21/2022 Hand in Hand we recycle 033122 1,765.83 )public chk 20004283 5/23/2022 Hand in Hand we recycle 043022 1,452.00 opublic chk 20005954 6/21/2022 Hand in Hand we recycle 05/31/2 1,422.85 public chk 20009332 7/18/2022 Hand in Hand we recycle 6/30/22 1,786.95 public chk 20012803 8/22/2022 Hand in Hand we recycle 7/31/22 3,210.00 [ion JE 9/8/2022 Donation of proceeds 761.25 iepublic chk 20014018 9/20/2022 Hand in Hand we recycle 8/31/22 2,269.85 i Republic chk 20016554 10/18/2022 Hand to Hand September 2022 1,433.95 Republic Republic chj20021276 12/19/2022 Hand to Hand November 2022 429.75 83,890.30 AMOUNT approved by SWAC Date Expensed ACTUAL EXPENSE SWAC APPVD CC APPVD 'c Services $ 2,200.00 - 9/22/2021 Public Works Department covered the expense of this project so no funds were utized 2,200.00 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Nationwide Opioid Settlement Funds Acceptance C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: 3/14/23 Presenter: Kendall Nagy& Lt. Shawn Harper Estimated Time: 15 mins Topic: Nationwide Opioid Settlements Recommended Council Action: Mayor's Signature Background: Signature required on updated participation forms. Failure to sign will (a) exclude us from joining the settlements; and (b) prevent Idaho from receiving all available settlement funds. Opioid Settlement Funds Pharmacies : Waimart, CVS & Walgreen.( Opioid Manufacturers : Teva Pharmaceutic Industries & Allergan $90 MILLION DOLLARS OF ABATEMENT FUND AVAILABLE FOR IDAHO: Pharmacies Opioid Manufacturers • Walmart - $13 million - 6yrs. • Allergan - $10.5 Million • CVS - $23 Million - 10 yrs. • Teva - $17.5 Million - 13 • Walgreens - $25 Million - 15 yrs. * Participation in both of th, settlements is required to r funds. $1,226,328.19 DOLLARS OF ABATEMENT FUNDS AVAIL FOR MERIDIAN IF ALL ELIGIBLE LOCAL GOVERNMENTS REQUIRED SPECIAL DISTRICTS PARTICIPATE Exhibit A: Approved Opioid Abatement Strategies • Part One: Treatment • Part Two: Prevention • Part Three: Other Strategies PREVENTION Strategy H : PREVENT OVERDOSE DEATHS AND O' HARMS (HARM REDUCTION) 11. Support mobile units that offer or provide referrals to reduction services, treatment, recovery supports, health c or other appropriate services to persons that use opioids 1 persons with Opioid Use Disorders (OUD) and any co-occu Substance Use Disorders (SUD)IMental Health (MH) cond, ➢ Crisis Intervention Team (CIT) • Additional Clinician • Additional CIT Officer(s) ➢ Community Paramedic Program in partnership with Mer Fire Dept. TREATMENT Strategy C: CONNECT PEOPLE WHO NEED HELP T( HELP THEY NEED (CONNECTIONS TO CARE) 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for perso► with OUD (Opioid Use Disorder) and any co-occurring SUL (Substance Abuse Disorders/Mental Health) conditions or persons that have experienced an opioid overdose. ➢ Contract with Community Providers • Scholarship Program o Financial scholarships to assist community members in ob treatment PREVENTION Strategy G : PREVENT MISUSE OF OPIOIDS 8. Fund evidence-based prevention programs in schools oi evidence-informed school and community education prog and campaigns for students, families, school, employees, athletic programs, parent/teacher/student associations, i others. ➢ Partnering with education based organizations to provid drug education and prevention opportunities PREVENTION Strategy G : PREVENT MISUSE OF OPIOIDS 5. Fund community anti-drug coalitions that engage in do prevention efforts. ➢ Further support MADC and their efforts in the communi focused around Opioid misuse Thank you for your con tinues support!! Allergen Subdivision Participation Form Please return to opioidsettlement@ag.idaho.gov EXHIBIT K Subdivision and Special District Settlement Participation Form Will your subdivision or special district be signing the settlement participation forms for the Allergan and Teva Settlements at this time? [x]Yes [ ]No Governmental Entity:CITY OF MERIDIAN State:IDAHO Authorized Signatory:MAYOR ROBERT SIMISON Address 1:33 E. BROADWAY Address 2: City, State,Zip:MERIDIAN, ID 83642 Phone:208-489-0530 Email:RSIMISON@MERIDIANCITY.ORG The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 ("Allergan Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein. 2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities. 3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at bSVs://nationalopioidsettlement.com. 4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein. 5. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein. 1 7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in,the Allergan Settlement. 8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement. 11. In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Allergan Settlement. 12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls. 2 I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity . Signature : ' 2 f� , 'L Name : ROBERT IMI ON Title : MAYOR Date : 3- 14-2023 Attest : i lerk, C s Johnson 344-2023 3 CVS Subdivision Participation Form Please return to opioidsettlement@ag.idaho.gov EXHIBIT K Subdivision Participation and Release Form Will your subdivision or special district be signing the settlement participation form for the CVS Settlement at this time? �Q Yes [ ] No Governmental Entity:CITY OF MERIDIAN State:IDAHO Authorized Signatory:MAYOR ROBERT SIMISON Address 1:33 E. BROADWAY Address 2: City, State,Zip:MERIDIAN, ID 83642 Phone:208-489-0530 Email:RSIMISON@MERIDIANCITY.ORG The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 ("CVS Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the CVS Settlement,understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at hns://nationalol2ioidsettlement.com. 3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement. 7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the CVS Settlement. 10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist,whether through ignorance, oversight, error,negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the CVS Settlement. 2 8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein. 9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement. 11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Teva Settlement. 12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect,the Teva Settlement controls. 2 11 . Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees . To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls . I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity . r Signature : a L Name : ROBERT JON Title : MAYOR Date : 3 - 14-2023 Attest : City Clerk, C son 3 - 14 -2023 3 0 1 Walgreens Subdivision Participation Form Please return to opioidsettlement@ag.idaho.gov EXHIBIT K Subdivision Participation and Release Form Will your subdivision or special district be signing the settlement participation form for the Walgreens Settlement at this time? pQ Yes [ ] No Governmental Entity:CITY OF MERIDIAN State:IDAHO Authorized Signatory:MAYOR ROBERT SIMISON Address 1:33 E. BROADWAY Address 2: City, State,Zip:MERIDIAN, ID 83642 Phone:208-489-0530 Email:RSIMISON@MERIDIANCITY.ORG The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form,the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at has://nationalol2ioidsettlement.com. 3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein. 1 a. :o 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement. 7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement. 10. In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Walgreens Settlement. 2 11 . Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees . To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls . I have all necessary power and authorization to exec to this Participation and Release Form on behalf of the Governmental Entity . � Signature : Name : ROBER SIM SON Title : MAYOR Date : 3 - 14 -2023 v Attest : Ci erk Chri J 3 - 14-2023 3 MEMO 0 Walmart Subdivision Participation Form Please return to opioidsettlement@ag.idaho.gov EXHIBIT K Subdivision Participation Form Will your subdivision or special district be signing the settlement participation form for the Walmart Settlement at this time? pQ Yes [ ]No Governmental Entity:CITY OF MERIDIAN State:IDAHO Authorized Official:MAYOR ROBERT SIMISON Address 1:33 E. BROADWAY Address 2: City, State,Zip:MERIDIAN, ID 83642 Phone:208-489-0530 Email:RSIMISON@MERIDIANCITY.ORG The governmental entity identified above("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14,2022 ("Walmart Settlement"), and acting through the undersigned authorized official,hereby elects to participate in the Walmart Settlement,release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election,the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly,and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation,MDL No. 2804,the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor,the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein. I a. :o 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Walmart Settlement. 7. The Governmental Entity has the right to enforce the Walmart Settlement as provided therein. 8. The Governmental Entity,as a Participating Subdivision,hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions,boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency,person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor,provides for a release to the fullest extent of its authority.As a Releasor,the Governmental Entity hereby absolutely,unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed,or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law,which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her,would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims,but each Governmental Entity hereby expressly waives and fully, finally, and forever settles,releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist,whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known,would materially affect the Governmental Entities' decision to participate in the Walmart Settlement. 10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement,to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect,the Walmart Settlement controls. 2 a. :o I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity . Signature : Name : ROBER SI SON Title : MAYOR Date : 3- 14 -2023 41erk , ri Attest : - 4-2023 3 0 E l., :o Teva Subdivision Participation Form Please return to opioidsettlement@ag . idaho . gov Exhibit K Subdivision and Special District Settlement Participation Form Governmental Entity : CITY OF MERIDIAN State : IDAHO Authorized Signatory : MAYOR ROBERT SIMISON Address 1 : 33 E . BROADWAY Address 2 : City, State, Zip : MERIDIAN , ID 83642 Phone : 208 489-0530 Email : RSIMISON@MERIDIANCITY . ORG The governmental entity identified above (" Governmental Entio)") , in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22 , 2022 (" Teva Settlement") , and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities , and agrees as follows . 1 . The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election , the Governmental Entity elects to participate in the Teva Settlement as provided therein. 2 . Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section II1 . 13 of the Teva Settlement regarding Cessation of Litigation Activities . 3 . The Governmental Entity shall , within 14 days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed . With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No . 2804, the Governmental Entity authorizes the Plaintiffs ' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at littps : Unationalopioidsettlement . com . 4 . The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein . 5 . By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable , monetary payments beginning after the Effective Date . 6 . The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein . 7 . The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity ' s state where the Consent Judgment is filed for purposes limited to that court ' s role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement . 1 0 ., :o 0 ` 8 . The Governmental Entity has the right to enforce the Teva Settlement as provided therein. 9 . The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys , and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims . The Teva Settlement shall be a complete bar to any Released Claim. 10 . The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement. 11 . In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives , releases, and forever discharges any and all provisions, rights , and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads : General Release ; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities ' decision to participate in the Teva Settlement, 12 . Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees . To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls . 2 o a f • 0 1 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity . Signature : (WZ00000 Name : ROBER SIMI ON Title : MAYOR Date : 3 - 14-2023 Attest : 49hson 3 - - 23 3 f 0 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Lakeview Golf Club Clubhouse and Course Improvements Mayor Robert E. Simison E IDIAN� Joe BoCity Council Members: rton John Overton Liz Strader Jessica Perreault AH O Brad Hoaglun Luke Cavener MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Mike Barton, Parks Superintendent DATE: March 14, 2023 RE: Lakeview Golf Course Clubhouse and Course Improvements Background: In September 2021, the City received a final master plan from the National Golf Foundation. One of the items in this plan was a capital improvement plan broken down into three tiers and a long-range plan for additional improvements. We are nearing completion of an adjusted list of improvements in tiers one through three and are bringing a presentation centered around the longer-range capital improvements identified in the Master Plan. Council Action: We would like feedback about future improvements to the golf course and the timing of these improvements. Lakeview Golf Club Proposed Clubhouse Cc Mike Barton, Parks Superintendent A enda: • Interior Improvements • Cost • Exterior Improvements • Cost • On Course Restrooms • Cost • Other Heavy Maintenance/ Improvements • Preferred Timing IDIAN,-...-...- Lakeview Gaff 3AH NMI -W Enlarged carpet tile pattern I 3 Plonk corpef file Vinyl plank tale 1 Walk-off carpet file Dining room ceiling fan with light PROPOSED FINISH PLAN! Lakeview Golf Club 4200 4V falomore BIvd_ Mc-ridian,ID&3646 r f El RID U Mens and Wornens Restroorn upgrades Existing Restroorn Enclosed storage closet at Entry Painted Tile on wolf behind sinks+mirrors face of serving counter I Wail paint 0 uarta counter and under mount sinks *4%,L Ceiling paint Back-Ft mirror Existing Eniry PROPOSED UPGRADES cabinets Lakeview Golf Club 420D W Ta;arnore Blvd. Meridan, IQ82646 4 Banquette seating Mt do Dining chair qw Seating upholstery Bar stool [ 11 EIETI U-Im CIFID Ell7[E* E 8 fflL3 El c:]EH� E3 D cl [� l �11r___ t� I �; I 7q FF" PROPO FD INDOOR FURNITURF PLAN La kev ew C'-olf Club 4200 W Talamore BNd_ ` 1� Meridian.IF)E0646 Lakeview Golf Course Clubhouse Improvements Project Budget CjfE Interior Improvements and Furnishings Interior Movers and Conex storage container 208 Mwers 208 T1 Patching, dry wall repairs and paint Adam Roe Painting 208 94 Flooring Great Floors 208 28 Restroom upgrades. enclose closet Jordon River Remodeling 208 44 LED lighting, ceiling fans, community board lighting Lea Electric 208 88 Sound system - starters desk and background music Enhanced Communication 208 94 Restroom partitions SBI Contracting 208 37 Furniture Interior furniture Freeform Spaces 208 38 Unforwen Conditions/Contingency Interior x 15% Furniture x 15% Total Project Budget https'://www.idaho.v fence.Cam/ --- - -- - SOLARA LOUVERED SHADE SYSTEM _ THE LOUVERS CAN EASILY BE OPENED *1�j OR CLOSED MANUALLY WITH A HAND CRANK. WHEN THE LOUVERS ARE CLOSED IT IS " 3� WATERTIGHT. THE LOUVERS ROTATE - M FROM CLOSED TO 130 DEGREES. . s tl i • 8 axfhtar�r�r�+v�rtxn��anc�a r��t ►Ar� Ar—,Deck.Cdwng-T—51r0 P,xr Arrn 13-1!-e.- -t SP h a rrt—pnnn h,�T-*de—L�rTxit U rlllP.Ivar odbr.unronrnm[2ll4 cYu.4q�d.pplk!tl.rTrda3ra GLrcd drd.Jti Lti:bartcdvwaaelasLv—lcypme-r—oFfi14baneAw#y&b-rc I�[Y1s h1p�Hy used as an edew€earilg m.o ,ereor plywned it Cl Afrnerl]xk Topcoat 1s a pole&r.abph Lsu-lglc sarlpoddriL 6wil appfed n-elsti.—wred.0 erha pabj srr"ace prebetticn",N]InL TNc-ids du-.&IHv.amullwrt m rar. It%,t—imwsc wor-prong iwmgir e.LNr P&tanre and atlra5u Te5wime.It}s lrrpe TMp wrix LI I Arrno G h Topcoat b.appR dwNdn 49 haurr. 5LJp ree%3WceC41uY Q,,"z dr 04,,T aura"-._ ra" _oaWks"beiVoled ______________________ Dem•.rrw Culnr Ch*.a.ofb-ue.d fv dcclgn A—trm .asrMnw AMW o4n 1SR50.iQ -SM oa]m aro- �orixn pa aTo.lcl]Ps sls.er�e �s.ss m .A Aff- as A5TMQ524 A516LD4R ASTIA 12'lW A=T7a.'..Nd OC / P 'G'JLA Teti—t s pll 39CC lllP. e2sask �aosnava �L�.'7�i PL �i PR P(DSID PATIO PLAID Lakeview Goff Cluo 4200 W Talamcre Blvd- ` Meridian,ID 83646 !a C- fr-p Bar tcde base Outdoor dining chair Outdoor Dining table bar stool base L 0 LL JL Ct H r- % % PROPOSED EXTERIOR FURNITURE PLAN Lakeview Golf Club 4200 W Tc3lc3rrK>re Blvd- Meric1ion,ID&-qA 6 Lakeview Golf Course Clubhouse Improvements Project Budget It E � Exterior Improvements and Furnishings Exterior Patio shade system Valley Wide Fence Patio epoxy non slip coating Web Foot Coating ADA accessible route and hand rail on steps BrlCon Paint and stucco repair Adam Roe Painting Access Control TBD Electri-caliceiling fans Lea Electric Furniture and Furnishings Exterior furniture Freeform Spaces Unforseen ConditionslContingency Exterior 15% Furniture x 15% Total Project Budget � Existing Portable �� - � � � ' . ' � • - ' . . ' - . : , ® • - * • _ �/ < - ' �- . . ■� t�/ !` - ' - e e . . . �\ - - . • � � . - �' " _ 4 • _N . .. - -. . _7 . . . y, / \ �� f � � . ■ $� -Alm \ \\ \ . � / �. " _ . �_ � : • _ ��-a . s , . � . . . . . . • ' • a , � ® � , • . �. ■ . . _ .� ' - to N . _ - -- paxJ, » , �• - /\ ` // ® \ \�� . . m � 2_,* \ \ 00 z - - 3 • B 4 � . dif - �\ .. 'Rv Z` ' ' . . p . V / � F��ailiance� 'refiCo gdy` la tl F w i=Eement� 4 * Fµ a•V L�' � •-y 4 rpw'Con cu-.:� 1hr� fW, M ram" ti >S' •h see M6 slgr Restroom �} 1 Locations } r Pr`o5hi ne • 40 +L{ _ 1 H f 1 T� 10 sl l - Kisssocceri bcom AN t s * # �•i. } #S"Y04r•SOEUVOiL.'NEf ELEVADON The.fs'hufcf�af- y - Saffordsvbyrwil. ies�i`s"C'fi�ist'flfLa`tter-:. 4• • ,f { _ CieEmx p'Mobile I 'Ts lr N A aoming Ar ELrzCTPJCAL r uhne +; J Yf' �.�}•• I' � r - , Colour K sign 7 . . I , d � • 4 m ul= 4' Existing t 1 J r � Portable .a 4 Restroom On the St W St ��01 CL Existing Portable Restroom On the #8 Green F � 1 4 i ` p �� ,rG. . s- At IL 49 I _ T , Rl -;_;,,.w .��. ;:�,::, _ T_ -may _ _ -- _ , _ - ,- �•, - r 5- FLEXIBLE EXTERIOR ADD•( &STOM EMU COLORS LAP&cmmr. Sample Prefab On Course Restroom POOP OPTIONS .�F STANDING SEAM! METAL SHINGLES CORPUGAM METAL TELL NOTE: DOOR PICTOGRAM [MANDATORY IN CALIFORP OfMCI dA L IN OTHER STATES �r I I I I I �a v ELEVATION SCALE: 1}8"=1•Q• r i V-4-Ipr11LdIN(3} �►evcuw,I�INs _ - I &TJ I 1 ¢A0.NQATORY �a IN G4tIFORWRtA4, w � � i ppryd I � OTNSRSATES y 5I RESTRflOM CHASE I b I I r I I ———_—- r FLOOR PLAN PERSPE( -..--.-..-.....---.--- ---..----- - --- -- - SCALE T!8"=1'0" FINISHES SUBJECT NOTE STAINLESS FIXTURES RESTROOM PLAY( xnerxemzux�o micta�a�rml Lakeview Golf Course On Course Restroorn Impr v rn n- Project Budget C��fER� � On Course Restroom at#4 Tee $ PS - 011 Restroom Public Restroom Company Pad Preparation/Plumbing Stubs TBD Water/Sewer Service TBD Final Plumbing and Electrical Connection TBD Concrete Flatwork/Landscaping TBD Power Service Idaho Power Company Engineering Service 7% TBD Contingency 7% TBD On Course Restroom at#8 Tee $ PS - 011 Restroom Public Restroom Company Pad Preparation/Plumbing Stubs TBD Water/Sewer Service TBD Final Plumbing and Electrical Connection TBD Concrete Flatwork/Landscaping TBD Power Service Idaho Power Company Engineering Service 7% TBD Contingency 7% TBD Lakeview Golf Course on Course Restroom lm rov+ Project Budge C�/�fER� t i On Course Restroom at#11 Tee $ P - 011 Restroom Public Restroom Company Pad Preparation/Plumbing Stubs TBD Waterl ewer Service TBD Final Plumbing and Electrical Connection TBI7 Concrete FlatworklLandscaping TBD Power Service Idaho Power Company Engineering Service 7% TBD Contingency T% TBD On Course Restroom between #15 and #16 Fairway $ P - 011 Restroom Public Restroom Company Pad PreparationlPILIMbing Stubs TBD Water/Sewer Service TBD Final Plumbing and Electrical Connection TBD Concrete Flatwork I-andscaping TBD Power Service Idaho Power Company Engineering Service 7% TBD Contingency 7% TBD Total Cost for 4 On Course Restrooms = 1 ,4161060.00 Other Improvements Kitchen • - Hood Still Investigating AMR- I - Preferred Process and Timing ■ Utilize Remaining Irrigation Project Contingency (if construction schedule of patio improvements ■ Remaining Requests Submitted During Budget Proce If Funded• • Bid and Construct (Non-accelerated) Exterior Clubh 2023 ■ Bid and Construct Interior Clubhouse Improvement ■ Bid and Construct On Course Restrooms - ■ t in FY24, t in FY25 ■ Or 1 /year for next 4 years