Loading...
HomeMy WebLinkAbout2025-07-15 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 15, 2025 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Doug Taylor ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Little Roberts, Councilman Whitlock 1. Vanguard Village Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2025- 0076) 2. Agreement for Use of Kleiner Park for Island Festival by Idaho Pacific Islanders Inc. 3. Bittercreek Sewer Connection Agreement Between the City of Meridian and the City of Kuna ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 4. Proposed updates to Title 4, Chapter 1, Meridian City Code per Idaho Code section 50-344(2) 5. Mayor and City Council Compensation Committee Recommendation ADJOURNMENT 5:42 P.M. Meridian City Council Work Session July 15, 2025. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, July 15, 2025, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Anne Little Roberts and Brian Whitlock. Members Absent: Doug Taylor. Other Present: Tina Lomeli, Bill Nary, Emily Kane, Jamie Leslie, Steve Taulbee and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Brian Whitlock X Anne Little Roberts X John Overton Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record is July 15th, 2025, at 4:30 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. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No changes to today's workshop agenda, so I move we adopt the agenda as presented. Strader: Second. Simison: 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 agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Vanguard Village Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2025-0076) Meridian City Council Work Session July 15,2025 Page 2 of 24 2. Agreement for Use of Kleiner Park for Island Festival by Idaho Pacific Islanders Inc. 3. Bittercreek Sewer Connection Agreement Between the City of Meridian and the City of Kuna Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Strader: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 4. Proposed updates to Title 4, Chapter 1, Meridian City Code per Idaho Code section 50-344(2) Simison: So, we will move on to Department/Commission Reports. First item up is Item 4, which is proposed updates to Title 4, Chapter 1, Meridian City Code, per Idaho Code Section 53-442 to Ms. Kane. Kane: Hello, Mr. Mayor, Members of Council. I'm Emily Kane. I'm a deputy city attorney in the city attorney's office. I'm here to talk to you about a proposed change to city code. The -- oh. Yeah. Okay. This code change is necessitated by a new piece of legislation that was adopted this spring. It's a change to Idaho Code Section 5344, which is the provision that governs city's authority to operate solid waste collection systems. So, a new provision was added that says that notwithstanding any franchise agreement any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection services for temporary projects. So, containers that are temporary and project specific as defined by city ordinance. So, this is -- this is a change for us. We do have a franchise agreement in place, so we Meridian City Council Work Session July 15,2025 Page 3 of 24 need to look at changing our ordinance or adding to our ordinance to react to this. The -- I'm going to start with some things that won't change. The -- we do have an exception in our compulsory use provision. So, everyone in the city has to use our franchisees -- our franchisee Republic Services solid waste collection services and there are some exceptions and one exception that we already have on the books is for construction projects and landscaping projects. So, those companies -- or those -- those projects can haul their own solid waste. So, they -- and they often do. Sometimes they contract with Republic Services, but they sometimes haul their -- their own waste from the site. So, that's an exception to our compulsory use provision that will not change. So, this really doesn't relate to construction projects or landscaping. Our franchise agreement does not need to change. It has a provision that says that our franchisee does their service in accordance with city code. So, a change to the city code will be adequate to -- to govern the new -- the new way of doing things. There are provisions that -- that govern how we do the change -- how we make the change to Title 4, Chapter 1, which is our solid waste code and we have complied with that. So, the proposed update -- we would -- well, there are a number of changes that we are proposing. They are all to achieve this -- this -- this accommodation of temporary projects. So, I will kind of hit the highlights here. We would add a definition of temporary project and we are proposing that we define temporary project as an activity that is 90 days or less in duration that generates solid waste. We would propose a change to clarify that the compulsory use provision does have exceptions. That's something that actually would clarify our code overall. So, we would, then, also add an exception for temporary projects. So, it would say any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers and collection services for a temporary project. So, that language closely mirrors the state code, so it's clear that that is -- that is the purpose of the exception. As part of this we would establish some minimal standards for the temporary haulers that are now an exception to the exclude -- or the -- the franchise agreement. So, we would -- we would say the temporary project container can be used for no longer than 90 days. If it's longer than 90 days now we are back in the world of the -- our franchisee. So, any project longer than 90 days would still have to use Republic Services. There can be one temporary project per property per calendar year. The container could not be used for other kinds of waste or especially not prohibited waste. The temporary project container would identify the provider's name and phone number and this would help the city contact that -- that provider if we -- if we needed to. That's something new. The temporary project waste would need to be collected at least once a month or if necessary with more frequency and, then, no wheeled carts. We would also clarify that on-call service by Republic would include projects that are longer than 90 days, but aren't quite permanent. So, in the event that someone has a project that goes for longer than 90 days there is a plan. This is a service that's already provided, so this is just bringing the code into alignment with what's happening and kind of acknowledges that sort of medium -- that medium need. We have gone over this proposed code with the Meridian Police Department Code Enforcement Division, since they are the ones that are often contacting the temporary haulers. We have talked to Finance, the Utility Billing Services, since they do the billing and we bundle our franchise service billing with our utility billing, so that there is some impact there. But they are -- they are on board with the change. This has been Meridian City Council Work Session July 15,2025 Page 4 of 24 presented to the Solid Waste Advisory Commission at their June meeting. Sayard Schultz, our solid waste coordinator, has been in touch with Republic Services throughout this process and since the legislation has gone into effect, so they are aware and on board and she's also been in touch with other Treasure Valley cities and agencies about what they are doing and the big one is Boise and their -- their code is very similar to ours. They are using a 90 day limit for their temporary projects and the -- the only difference really is that Boise is going to regulate the size of containers for temporary projects and we are not proposing that. If and when you are ready of course I will take any questions, but the next steps would be that I would prepare an ordinance for your adoption, incorporating these changes. The Meridian Utility Billing Services would sunset the existing temporary project accounts that they are currently administering with Republic Services, so our -- we would still administer on call and regular services that we -- that we are typically -- that we are already doing pursuant to our franchise agreement, but this is one little piece that would go away from our administration and be transferred to Republic. So, everything is lined up for that to happen that we are going to sunset the account -- the temporary accounts that we are currently administering and just let those kind of run out and when those are done, then, Republic would take the -- take the baton. So, at that point Republic Services would administer -- administer its own temporary project accounts and they would be in just the general marketplace with the other temporary haulers for temporary projects. So, they would be one choice among any others. That is the end. Are there any questions for me? Simison: Thank you, Ms. Kane. Council, questions? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor. Emily, thank you so much. My first question was kind of -- I have got a friend that's kind of in this process right now of a project of like gutting their home after a loved one passed away and how do you determine what's normal, so you put your normal trash in the trash bin and -- I mean that just seems really complicated to try to figure out as you are cleaning out a house what should go where. Kane: Mr. Mayor, Council Member Little Roberts, good question. I'm not sure that it's necessary in that instance to be super strict. I think certainly an event like that -- or like a remodel or any kind of project that is truly temporary -- I think there probably are in that instance going to be some things that might otherwise go in the toter bin, but the -- the purpose of this distinction is that it's not a substitute for regular pickup service. So, it's not so much the co-mingling that we are worried about, as the supplanting the regular service with just a temporary hauler. So, it's -- certainly no one's going to be digging through and checking to make sure your eggshells didn't go in the project garbage or something like that. It's -- it's really just a matter of distinguishing the regular weekly pickup and the household waste versus project waste. Meridian City Council Work Session July 15,2025 Page 5 of 24 Little Roberts: Great. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Emily. My questions are actually more around just communication and kind of an outreach plan for the MUBS customers that would be transitioning back over to Republic. Have there been discussions with utility billing and internally and with Republic about how we would -- if we were to move this forward how we would kind of publicize this and communicate about it? Kane: Uh-huh. Mr. Mayor, Council Woman Strader, yes, there is -- there is a plan. We have about 350 temporary accounts. There are 19 that are older than 90 days. So, it's a relatively small percentage of our temporary account holders that would really be -- that might really even notice a change or would need to be shifted over. So, I guess I can't speak to exactly how those people will be contacted, but we are aware that they are there and so whatever happens next we would need to reach out to those folks and let them know that they are kind of in the -- they are now -- they need on-call service. That really -- it will change to a degree how we administer those, but it might really just be on paper, so they might notice very little impact as well and, then, the other accounts we -- they will just sunset and use Republic for this need and, then, when they graduate, then, it's kind of the open market. Everyone's doing the same thing then. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm a little bit curious what was the thinking about why we would like all kind of temporary projects transitioned over to Republic, as opposed to saying if you would like a temporary project through our franchisee you could still contact us at utility billing and we will still organize that, but under the law certainly you are welcome now, right, to contract with another provider. I guess I'm kind of curious about why the decision was made internally that we did not want to administer these accounts going forward? Kane: Mr. Mayor, Council Woman Strader, the -- the thinking is that Republic in this context is one of many other options. So, where Republic is acting outside of its franchise agreement that's not something that we do, that's something that they do. So, thinking really is that we administer what is covered by our franchise agreement and not what is not. So, they are -- they are in the -- there -- it takes this particular service out of our franchise agreement and makes it kind of the market controls that, instead of our franchise agreement controls that. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session July 15,2025 Page 6 of 24 Strader: But I guess I'm curious from a legal perspective is there any issue with kind of administering billing on behalf of a franchisee as kind of a provider for ease of use? The reason I'm asking is I have like these add on subscriptions that Republic bills quarterly; right? And I find it very cumbersome that we can't just be like a one stop shop for billing everything and that we need to divide it up this way, because just from a customer perspective, right, I don't -- I don't know that they care that much about who is doing it, but it's much easier for them to go to one place, as opposed to like having separate phone calls and all that. Is there a legal reason that we can't do that or is that just kind of because we wanted to keep it clean? I just want to understand like legally what's the -- is there a legal basis why we wouldn't administer still temporary dumpsters and stuff as -- as a service to people when we have a franchisee like -- Kane: Mr. Mayor, Council Woman Strader, I believe the answer for us lies in accounting and so that's certainly not my forte, but we -- we, obviously, are two separate entities and so we do the accounting for the city and Republic does the accounting for Republic. There is -- Karie I believe would have to speak to our -- or someone in Finance would have to speak to the percentage that we -- I can't remember if it's take or keep or bill for the services that we provide Republic. So, our administrative cost fluctuates or depends on what -- the services that we provide to Republic on behalf of our customers, which is the bundling of our utilities and garbage. So, I think I would have to phone a friend to talk more about the specifics of exactly how that percentage is allocated and billed with regard to our services that we provide on behalf of Republic. So, legally, perhaps maybe a little bit, because we can't provide services for Republic when it's serving only Republic. We can provide services that are -- that are serving the city and our customers, which is what we do within the franchise agreement. But anything beyond that really is up to Republic. Lorcher: Your friends have arrived. Kane: Oh. Yea. Oh. Karie. Glenn: I'm sorry to interject. I was paying attention in my office. The question regarding the why goes back to the franchise agreement. With our services being held to the property we wanted to focus on the charges that were required. If it's an optional service we were looking at keeping it separate, because if they don't pay the bill on a required service we can shut the services off, meaning the water, the sewer, the trash. Where it's an optional service if they don't pay the bill -- trying to keep that debt tied to the property was an issue in my mindset. I think that was yours as well. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Karie. I appreciate that. I think this for me is maybe a takeaway. Maybe we could chat about it offline. But this is kind of the -- the main question that I have is just around convenience for people and the trade-offs of having the city kind of Meridian City Council Work Session July 15,2025 Page 7 of 24 administer things holistically on behalf of Republic, as opposed to contracting out for individual services all the time. I just think from a customer experience standpoint I think that can just be very cumbersome, but I understand more your rationale now, so that's very helpful. I will follow up with you after this meeting. Glenn: We were putting it in line with -- like you said the subscriptions, the glass and the extra things like that, the grass, glass. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Did have maybe just one question for Emily and it really breaks down to the enforcement side. Does this follow like our traditional process of its complaint driven? Are there people that are monitoring dates and are doing assessments? Is there a requirement for a vendor to -- to give us a date that they start and, then, let us know when they have ceased? How do we handle -- how are we going to manage enforcement? Kane: Mr. Mayor, Council Member Cavener, the -- it will follow our format of being complaint driven. So, it's -- it's really a hybrid of complaint driven and if a code enforcement officer drives by and it's, you know, the -- it's there for New Year's and it's there for the Fourth of July, then, maybe that would -- you know, we might start noticing and following up, so -- but other than that a complaint really is what it would -- would take. We -- there are options like registries and licenses and permits and things like that, but those are pretty administratively intense. So, the -- and really not in need. We are not seeing an overwhelming issue with these who people really want to do their project and, then, have it leave. Cavener: Mr. Mayor, maybe a quick follow up. Simison: Councilman Cavener. Cavener: Emily, can you walk me through maybe some of the mechanics of that where it's going to be complaint driven? So, I get -- I get one of these at my house. I'm doing a remodeling project and three months goes by and I'm slow and my neighbor calls code enforcement say, hey, this is going on at the Cavener's house. Code Enforcement makes contact with me and they say you have got 90 days and I have to prove that I have not been there 90 days. Is it my word against my neighbor's word? I just -- I want to make sure, because I think some of this -- we are going to -- our citizens are going to inquire about this; right? And so I want to make sure that we have kind of flushed out the SOP about how we will make sure that if it is 90 days it is 90 days and not 90 days after the first complaint is initiated or something like that. Kane: Mr. Mayor, Council Member Cavener, each case is probably a little bit different with regard to proof. So, I think some neighbors might say, oh, that's new, take a picture Meridian City Council Work Session July 15,2025 Page 8 of 24 the first day. It's date stamped and, you know, they can do an affidavit and they are an excellent witness and they know exactly the first date and the end date or we can ask for records from the temporary hauler or there are different scenarios where we can figure out how long it's been there without, you know, starting on day zero. I think there -- there probably is the case where that's the only way to just say, well, okay, we know it's been here longer than 90 days, because I last spoke with you. You know, I spoke with you every month for the last three months. So, there -- that does happen depending on just witnesses and really what's the evidence that's available to the code enforcement officer in their investigation? It's -- it can be tricky. So, we are going to run into that as we do now with regard to how long has that been there or how long has this been going on or how -- how long has this been a problem. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: And, Emily, know that it was -- we are not taking an action tonight. That's -- think it's going to be my feedback, because that greater clarity, so it's not as squishy, because, again, certainly if you are the person who has it and you think you haven't had it 90 days, you want it for your full 90 days if that's what you need. Likewise, if you are a neighbor and you feel like this has been a visual obstruction to your quality of life, that 90 days may feel like we are way past that and so some consistent way for us to look at all of these the same way I think is -- is important when it comes to this. So, I know what we are trying to accomplish. Some of this is not by our own doing. This is, you know, as adhering to what the State -- but I do think it is an opportunity for us to kind of level up who we would handle this to provide, clear, consistent direction to both those that are using them for their own use and those who feel like they wish me as their neighbor wouldn't be using these hypothetically. Nary: Mr. Mayor? Simison: Yes, Mr. Nary. Nary: Maybe to add on top of that, though, is, again, ultimately if we get to the point where they are going to want to issue a citation from code enforcement, we are going to have to prove it criminally, which means they are going to have to have more than just a perception that it's been there long enough. I mean they are going to -- so whether -- like Emily said, we went, okay, we have been here a number of times, it doesn't appear to be moving, okay, the first day I was here was this day. That's day one. Here you go. You got 90 days from now. Not 90 days from when you called -- somebody called us three months ago and we didn't come out. So, I mean they are going to have to be pretty specific to prove to a court or a jury that this is really a violation. So, they are going to -- they are going to have to be more specific. Simison: It can -- maybe just if -- and if I'm wrong -- I look at what's our current practice now? Meridian City Council Work Session July 15,2025 Page 9 of 24 Kane: Mr. Mayor, if we see an illegal temporary hauler, code enforcement does their best to contact them immediately. Simison: Right. Well, let's go to not illegal. Let's see -- we have got a Republic legal thing put in someone's driveway. Is there a 90 day limit currently? Kane: No. Simison: Is there a code enforcement action that can be taken legally? Nary: No. Simison: So, the code enforcement action currently is not about whether people like it or not, it's whether or not it's there by our per -- our provider or not. So, I think that maybe is a distinction that -- what are we -- are we really solving a neighbor's issue or are we solving Republic's issue under the law or under our ordinance, because we don't want to have people to have these in their -- that might help at least determine whether or not this is the right approach or not. Cavener: Yeah. I guess, Mr. Mayor, where I'm coming from is we are now creating a timeline. They are allowed to exist. And what I -- right now if a neighbor were to call, they say these are -- legally they are allowed; right? This passes they are legal allowed for 90 days and so at the 91 st day I call this, say, hey, this thing has been out here for 91 days. It needs to be gone. City code enforcement goes out and we don't have any way to prove that it's 91 days and so now instead of 90 it's now maybe 120 or 180, because code enforcement has to be able to -- they would provide their findings before a citation and so that's the part I'm just trying to overcome, is that how we are going to be consistent in the enforcement over what is something that is somewhat subjective in terms of how we are going to enforce it. Kane: Mr. Mayor -- Overton: Mr. Mayor? Kane: Oh. Excuse me. Simison: If you have a response, Emily, go ahead and give a response to -- Kane: I will defer. Simison: Okay. Councilman Overton. Overton: Mr. Mayor, Council, Emily, great job on this. I'm completely reminded of the fact that on a small scale code enforcement deals with this every week on vehicles that are parked in front of a house for over 72 hours and people call in and tell us they have been parked there too long and when we get there we start the clock then. It's the Meridian City Council Work Session July 15,2025 Page 10 of 24 same type of enforcement that we will have with these. It's unfortunate that the 90 days could be doubled to do an investigation, but I will tell you that in the case of illegal dumpsters you may find that the people calling them in may not be code enforcement as much as our franchisee, who is helping us enforce if there is issues going on in the community. One follow up, Mr. Mayor. On the issue of the holistic approach of trying to handle billing for things outside of our franchise agreement, I think I would be concerned on the other side, which is if we started handling the billing for things outside of our franchise agreement could we not also, then, get hit up by the other companies saying, well, if you are going to do that billing you should do it for us, too. I would be a little concerned that we could get tapped for that business as well and now we are doing a lot of billing for a lot of things that we have no control over, no enforcement on, adding to our workload of our staff. I think the cleanest way is the way it's been brought forward where only if it's under our franchise agreement do we handle the billing currently. Simison: Just to maybe go -- circle back to my comment. I think this is important for Council to -- them going back -- if someone wants to have one of these in their driveway for 180 days from Republic right now under this ordinance is that allowed? Kane: Mr. Mayor, yes. Simison: So, it's not about how long it's allowed in the driveway it's about who has it from another source in the driveway. So, I think just from a -- again, going back to that what is the Council's understanding and intention of these changes as it pertains to enforcement of them or not? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I'm having a little bit of a hard time, because we have a health and safety rationale that's specific to other providers that limits to 90 days, but we don't have a limitation under our code with Republic. Like I'm struggling a little bit with that. If that's the case. Kane: Mr. Mayor, Council Woman Strader, that's not correct. The -- Republic would be a temporary hauler among any others that are out there. So, they are governed by this same -- these same provisions and they are under the exception. They are not operating under our franchise agreement at all in that instance. And that -- just for temporary projects. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session July 15,2025 Page 11 of 24 Strader: So, that's important. So, I just want to make sure we are on the same page. So, currently there is no time limit right now from my understanding on -- let's just say getting a dumpster temporarily in front of someone's home currently; right? Is there a time limit for them to do so? Kane: Mayor, Council Woman, that's correct. Strader: Uh-huh. And so then under these changes what would happen is Republic would be considered one of multiple providers then and would be subject to the 90 day limitation as well? Kane: Correct. Strader: Okay. Then I'm starting to feel like we are more on the same page. Simison: Is that accurate, though, if they are -- I thought the restriction was -- didn't pertain, it was only for people using them outside of the franchise -- the way the franchise -- so, I guess that would be a question mark. Is there no longer a franchise component to the dumpsters? Are they all gone? Or only for certain types of uses? Kane: Mr. Mayor, so the -- in the first 90 days Republic is a temporary hauler. They are one of many. There is a scenario -- let's say the project is a one hundred day project. So, in the next ten days Republic would either come and get that container and bring a new one or they would change the billing and that would be an on call service. So, it would no longer be a temporary project, it would become an on call -- it would enter that medium range, which on day 91 it is the franchise agreement. So, if Republic is your chosen hauler, I guess you are -- you are still dealing with the same company who is who is handling that -- that dumpster and that project. But it's a different account. It's -- it's no longer a temporary project, it's an on-call account. Simison: Clear as mud? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have to think -- I may have to think about this for a bit, I think. Just -- just initial reaction is just -- I understand the distinction, but the practical reality is that we are creating -- we are creating a limitation -- a timeline limitation on other temporary haulers that would not apply it sounds like to Republic to the extent that it is no longer temporary. I just -- I need to wrestle with this a little bit, because I -- I'm -- I guess that you feel like there is a distinction, but I'm not sure I'm really seeing it I think is the issue. Simison: I will actually say I think that's the intention. The intention is that you can -- you can contract for 90 days someone other than Republic, but if you are going to be more than 90 days it should be with Republic at a minimum. But you can do the 90 Meridian City Council Work Session July 15,2025 Page 12 of 24 days with them as well. That -- that is the intention of this is to -- so the people don't use a permanent hauler for longer -- or another hauler that's not Republic for a longer term -- a longer period of term, because now we are getting outside of, you know, what they should be entitled to under the franchise Cavener: Mr. Mayor, if I may? Emily, that -- that's what's dictated by state code now; correct? Like we are just adhering to the actions of the legislature when it comes to this -- these dates? So, even if we had a different philosophy we would have to adhere to the state code; correct? Kane: Mr. Mayor, Council Member Cavener, yes. We -- we do need to define temporary projects. Cavener: Okay. Kane: If -- I mean if we want to regulate. The alternative is to do nothing and, then, it is -- everyone does whatever they want for 90 days without restriction and with no -- no regulation, which I would not recommend. I think that this helps literally everyone, because, then, we are all working together, including I think the temporary haulers, because, then, they are on the map, everyone's legitimate. Everyone knows who everyone is. But, yes, the state code does allow for temporary projects. However, that's defined by the city that can be anyone, not just the franchisee. Simison: And not everyone is adhering to a 90 day in this valley. Some are going much lower than that in some other places, but I think this is standard for what Republic's doing with their other franchisees in the valley. That's my understanding, but -- Kane: Mine as well. Simison: So, Council, this is current state law, so we are in a place where time to get something on the books does matter in that context. I don't know if you are going to want to think and have Ms. Kane come back for more discussion. If there -- Ms. Kane, if you think that there is more to look at based upon this conversation for clarity -- I want to make sure we are moving forward expeditiously, appropriately. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't want to -- I know we don't have a council member who is here, but I'm satisfied -- I have some -- still think there is some mechanics of how we are going to handle enforcement needs to be better fleshed out, but with time being of the essence is it a public hearing for feedback and action next week or are we waiting until, essentially, August 12th I think would be the next time that we could add this on our agenda. So, I would look for any feedback from Council and give some direction to Ms. Kane. Meridian City Council Work Session July 15,2025 Page 13 of 24 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think we could go ahead with our public hearing. I just -- it -- for me it's just like a handful of maybe follow-up questions, but if I -- you know, if I saw something that raised some red flags for me I would let you know. I guess that's the feedback I have at this point. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I'm definitely ready for a public hearing next week. That would be great. Cavener: Does that work for you? Kane: I will not be here next week, but Mr. Nary will. Cavener: Okay. All right. Everyone's okay with that? Thanks, Emily. Kane: Okay. Thank you. 5. Mayor and City Council Compensation Committee Recommendation Simison: Okay. Next item up is Item 5, which is Mayor and City Council compensation committee recommendation. I see, Mr. Nary, your name is here. You also got some other folks here joining you. Nary: Mr. Mayor, Members of Council, I told them I would kick this off initially just for the record and for the public's perspective. So, just so the public's reminded, every two years as part of our normal election cycle we have a committee that is made up of citizens from various walks in the city. We have used -- a number of the people on this committee have been on a number of committees over the years to try to maintain some continuity. So, we have six members on the committee this current cycle. Four of them are here today to discuss their discussion, what they considered, the information they evaluated and considered and, then, a recommendation that they want to bring forward to you, but the four -- the six members are Steve Cory, Brad Hoaglun, David Ballard, and Jessica Perreault, Clint Shiflet and Jo Greer. They are all members of various commissions of the city and have been involved in the city and other capacities as well. Anyway, they have -- four of them are here -- or, yeah, four of them are here tonight. Three to present what their recommendations are and I told them I would just start that off and, then, I think Mr. Cory is going to start the discussion. Cory: Mr. Mayor, Members of the Council, I am here to kind of kick this off. A lot of this material is in the package that you received. So, we will just talk about some of the key Meridian City Council Work Session July 15,2025 Page 14 of 24 points on it. First, just to kind of review the committee's discussion, it was very important to every member of the committee that we had -- shall we say maintain a competitive compensation process. We recognize how much time you are being asked to commit when you go ahead and do this work and people who in the future are going to be performing these activities will go ahead and have an extensive amount of time and we want to make sure that we are getting the best and brightest from our community to go ahead and participate in the -- in this venue and we don't want to get to a situation somewhere along the line where they have to go ahead and consider -- I have got the same type of commitment from these two deals, but this non-city activity will give me a little bit more money and that's better for my family and everything else, so I'm going to get -- dedicate my time to something that's not part of city governance. Anyway, that's why we were kind of looking forward towards something that's competitive. The committee evaluated and discussed an ongoing annual increased methodology that will be discussed later. The committee reviewed the recommendations from the last term in 2023. The committee in 2023 recommended increases for both the Mayor and City Council and I'm just bringing forth the history here. City Council declined the increase back then and the proposed increases for the Mayor's position in '24 and, then, in '25 were approved. So, that puts us in a situation where the last increase for the Council was in 2023 and we actually went back and looked at the history for compensation back to 2000 and considered how it's happened in the last 20 years. One thing that was of concern to us was where we maybe go through increases that were one, two, three percent or something like that, but all of a sudden we end up being way behind the market and we have had to have sometimes with five, eight, ten, 11 percent increases and we felt like that there was a need going forward to try to level that out, so that the increases weren't scatter shot and we did look at the prevailing rates at other similar -- well, other cities within Idaho to see where we fell. This is a quick slide for the Mayor's position on some of the corresponding cities. You note that we are second largest city and we have got commensurate pay. We -- what's not in here is to identify that Boise will be jumping up in January 1 st to 171,000. So, talking about particulars with the committee's recommendation in regards to the Mayor, we felt like it was -- well, there was some discussion about how maybe the target might best be reaching about 150,000 dollars in a couple of years. We felt like the jump was a little too high on that. So, what we are recommending is a 350 -- 3,500 dollar raise next year and, then, again, the following year. So, it would jump from 139,000 that it currently is to 142,887 and, then, it would jump in 2027 to 146,387. We recognize that this is just our discussion on this. This is going to be turned over to you, but we felt like beyond this it would actually be good to go ahead and implement an annual change that was similar to the kind of change in salary that employees are getting and, then, allow the compensation committee to move over to looking at if there is any market rate adjustment or something like that needed to happen. More on that later in the presentation. I think it's important to say we kind of felt like things were right about this, that it was similar to universities and such where department chairs and coaches and whatever may get paid more than the -- the head of the organization, but it was important to recognize that the Mayor is more or less the CEO of the operation, so they should be getting something close to those pays and those were kind of the things that drove us to get to these recommendations and with that I'm going to turn it over to Meridian City Council Work Session July 15,2025 Page 15 of 24 former Council Woman Jessica Perreault to go ahead and take over with the portion for City Council. Perreault: Good evening, Mr. Mayor and Council Members. It's a pleasure to be here. Thank you for the opportunity to serve on this committee. As a former council member I'm really privileged to do that and excited to make our recommendation for City Council compensation for the next couple of years. Bill just handed you all the specifics on the compensation increases for the last 25 years. I had asked the committee to review these. I just wanted to look for patterns and what we found was that the considerations that were made for City Council compensation, Mayoral compensation and staff compensation was all being decided in very different ways, different -- very different philosophies and so as Steve mentioned we would like to see a little more consistency in how that's done and Brad will go into more detail -- excuse me -- Mr. Hoaglun will go into more detail on that after I'm finished. What I would like to point out to you on this is that -- as you will see from 2000 to 2025 there was several instances in which the City Council chose not to take compensation and, then, there would be a year in which they -- the compensation would increase by a third. That happened twice and, then, in a few other years it was around 11, 12 percent and so just looking -- we looked at that as the overall picture and, then, we focused a little bit more on the last five years and noticed that the personages that were taken in '22 and '23 were at seven and a half percent and we felt like that was reasonable to consider that again, given that there were not -- was not any compensation taken in '24 and '25 that would actually put the recommendation that we are making at about 3.25 percent over the last four years -- or, excuse me, over the last two years and then -- and, then, the same for the next two years. So, that brings me to our slide. Who is -- am I running this? Okay. Let me see, how do I go to the last slide? Lomeli: The arrows on the keyboard are more user friendly. On the keyboard. Down. Perreault: Oh, it's covered up by a word. Okay. Thank you. This is the first time I have had to use the presentation screen. So, just very quickly this is what is -- is current -- the current compensation for area -- our area and also some other cities in the state and just to make note that in 2026 the Boise City Council will be up to a little over 31,000 for their compensation. So, they will be increasing the mayor's compensation and city council's compensation next year. And so -- now we will look at the bullet points on this slide. As I stated, we wanted to -- to look in detail at the data and we did. The -- and we said that the increases have been consistent and so we would like to change that process. The committee discussed where we would like to land at the end of -- of 2027 and what the future compensation committee will have to decide -- what decision -- the decision that we made this year, how is that going to affect the decisions of the future committees, depending on if Council decides to take our recommendation or decides to take a portion of what we recommend. So, we are recommending an increase of -- to Council compensation by 1,500 dollars for 2026 and 1,500 dollars for 2027. There was unanimous agreement amongst the members of the committee that we would like to get to 20,000 dollars in compensation by 2027. And so, then, as Steve also mentioned, we would like to consider implementing an annual increase for 2028 and beyond that's Meridian City Council Work Session July 15,2025 Page 16 of 24 equal to the same percentage increase for general employees in the subsequent budget years. So, we have a proposal for a change to Mayor's compensation, a proposal for a change to City Council compensation and, then, a proposal for a change to how the -- the compensation -- conversation will go 2028 and in the future. The rest of what we will be addressing will be done by Mr. Hoaglun. Oh, before I leave do you have any questions for me? Okay. Thank you. Hoaglun: For the record Brad Hoaglun. I'm glad to be here and talk about this fun subject and I know it's something that everyone always wrestles with every two years and we are coming about and -- and that's why I'm going to talk about how do we kind of go beyond that? And whatever you guys decide for -- whatever the Council decides, you guys, okay, it's a work session, we are always more informal; right? Whatever you decide I -- I hope you decide that there is increases. We want to make sure that this is something that people look at and say I can do that above and beyond my current work and I look at it as spousal appreciation pay is one way to look at it, because they are the ones that bear the burden of you being gone and in meetings and you even maybe at home and you may be going through a packet that's going to take an hour or two, like Destination Downtown just as an example. Throw that out there. Those are the types of things that, you know, that compensation goes to is there something for them, you know, and for the family because you are giving up a lot of time. One of the things like in the council comparison that I found back in 2008 when I first served, I was thinking, wow, Eagle and Meridian they get -- Eagle council members get paid the same as Meridian council members. Okay. That's fine. I didn't -- big deal. Then I found out that Eagle has two meetings a week and we had four -- I mean two meetings a month and we had four meetings a month. That's what you don't see on that chart was the number of meetings. For example, Nampa, very similar in population, they are required to meet the first and third Mondays of each month. I know you are here every Tuesday night, except for those fifth Tuesdays, which, gee, ACHD liked to meet. Oh, the school board wants to meet. Well, we have these different things that come about. So, there is a lot of time that goes into this. As Councilman Perreault I know -- and I and you all feel the same, you don't do it for the money. It's not about the money. That's not why you ran. You want to serve your community, make it better. So, I hope you move forward with these requests and, as Council Woman Perreault -- former Council Woman Perreault pointed out, at a minimum for Council, we are looking at 500 dollars. We really think that needs to keep pace, but we -- we think it's justified to go to 1,500 for the next two years. Then for budget year 2028 -- to kind of move off this yes-no and, then big increases several years later and it's just this back and forth -- is starting for that -- go at the same percentage that you're giving general employees. So, that would increase. If it's two percent for general employees, cost of living increase, it's going to be two percent for Council and Mayor. So, that would move forward. Every two years, though, we still have this committee that would, then, look at it as a -- from a market survey, because there might be changes in the market and this is what HR does. Debbie was very helpful in that, suggesting some things that you take a look and make the comparisons. Are these jobs still similar? So, that's what this committee would do. The salary portion would be kind of almost on autopilot to a degree, but if there is a need for market adjustment, then, we can go in and make that recommendation, come back to Meridian City Council Work Session July 15,2025 Page 17 of 24 the Mayor and Council and say, hey, this is what we recommend, because there have been changes in the market. So, that would be for 2028 and -- and, then, if a market adjustment is needed just the base salaries to -- to what is fitting. So, whatever the outcome is on the salaries, this is separate from that. But just kind of a way to move forward. Nampa and Coeur d'Alene already do this. So, it's not unusual. You are not breaking new ground here. But that's how they look at compensation moving forward. So, anyway, I -- I think -- oh, I just want to breakdown for that 1,500 dollars for the year for Council, that breaks out to just over 54 dollars per pay period -- 26 pay periods. That doesn't include the taxes that come off and everything. So, yeah, you can -- you can buy a nice lunch after -- after that increase. So, just a couple of thoughts on that. If you have really hard questions and want to get into percentages and whatnot, David Ballard is here. This is his fourth compensation committee meeting, so he is well versed in it and can -- can answer any of the really hard questions. So, that's all I have. Simison: Thank you, Brad. Council, any questions for Brad, Jessica, David, Bill? It looks like Steve left. Hoaglun: Mr. Mayor, yeah, Mr. Cory had a birthday dinner to -- to head out to, so, unfortunately, his apologies, but, yeah, kind of -- kind of important for him, so -- Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Comments more than questions. First off, a huge thank you to all the members of the committee. I mean what an esteemed group to meet and discuss this with all the city history behind it. I will admit, what, two years ago I voted against that increase, but, then, again, I was kind of a new, excited member of the City Council, and I certainly wasn't here for the pay. Two years later I think my wife would want to have a say so in this matter and she would disagree with me. It does take a lot more time than I initially believed when I got on City Council to do the job right and seeing how inconsistent we have been since the year 2000 on compensating our positions, I appreciate what you have done and what we decide on as what that looks like I would definitely be in favor of increasing the compensation for City Council, but I have to tell you it's a struggle to vote on your own pay increase and I really wish that process was not in our hands. To get through this one this time and to put it onto autopilot in the future definitely seems like it would be the smartest move in the future as well, to take that off our shoulders every two years, but I have a tremendous amount of respect for the process you went through, the history you dug up and what brought us to today and the last two years we have had no increase and I think we need to out of respect for the position and the workload, which is certainly not getting to be less, accept your sage advice and I would be willing to move forward with an increase that was agreed upon by Council. Cavener: Mr. Mayor? Meridian City Council Work Session July 15,2025 Page 18 of 24 Simison: Councilman Cavener. Cavener: Maybe I will -- I will start with I guess Bill. Bill, thanks for putting together this committee. This is a who is who of people that it would be really hard to not accept the recommendation they bring. These are people that really care about our community, have served our community, so I also think bring a variety of perspectives. I have two questions, either for you, Mr. Nary, or for the committee. Question one. I think two years ago, Council Member Strader proposed an idea for Council Members -- I guess a mechanic to forego their salary. Was that discussed by the committee? Has there been any suggestions or recommendations on an action the Council could take to say, hey, here is the salary, but we don't want it and it -- it can go to wherever and, then, my -- my second question is -- and -- and maybe even for the panel or, Mr. Nary, if you want to give a summary. Certainly the Council has been discussing at great length the past couple of months a public safety levy. Did that play into any of the conversations with the -- the committee about how the levy and at the same time that the -- the Mayor and City Council may be taking up pay increases? Nary: So, Mr. Mayor, I will -- I will -- I will take the first stab at it and certainly if the committee members want to chime in. On the first question I did -- we did not discuss that at the committee level. I did discuss it with the Finance Department and is there a way to do that and without doing a whole lot of research, their answer generally was, no, that they couldn't do that, because, again, wages are so regulated as to how those are done and they didn't have a comfort level of diverting wages. They -- their feeling is -- and I think the law does require -- they have to pay them. Where the individual that receives them diverts them to wherever they want to they can do that, but the city doesn't have the power to do that. So, they -- again, without us doing a whole lot more work, but that was really their initial blush is we really don't have the ability to divert wages of anybody pre-tax. All of it has to get taxed. All of it has to be reported. And, then, from that point forward they can -- they can send it anywhere they want. On the second question, yes, there was some discussion about the different things that are going on and the levy was certainly a conversation point and I will add a point that I think the committee brought up a lot, so I don't think I'm speaking out of school, but the -- the committee talked about it a lot. Their whole conversation -- and they sort of intimated that in their discussion today -- was not about any of you. It wasn't about any of you in the positions, it wasn't about any individuals at all, it was about the job and the expectation both as members of the public that all of them are and what the public is expecting, the type of pool of talent they are wanting and the -- to attract or want to do these jobs and that was really the whole focus of where the discussion on value and what the compensation should be for both the Council and the Mayor position. So, it was definitely not about individuals, but more about that and understanding that there are other things going on, like the levy conversation and like other things that are needs of the city, but they felt as a group -- and, again, certainly they have a different -- they have a different perspective, but as a group they felt like this was important, too. I mean it maybe not more important, but at least as equally important to them as members of the public that these positions do have a fair and adequate compensation, that they do -- are valued and they should have compensation adequate to reflect the amount of Meridian City Council Work Session July 15,2025 Page 19 of 24 work that's expected from the public. So, that was kind of where it was. So, it wasn't that it wasn't discussed, Councilman Cavener, but it really was sort of like, yeah, we get that, we also think this is important. Simison: I think -- I think you're going to get a second answer on this question. Perreault: Mr. Mayor, Council Members, Council President Cavener, yes, we discussed sort of the budgetary and -- and political, if you will, environment at length and how Council would be making this decision, the types of concerns that you would have, and we came to ultimately two conclusions in that. The first was, as Bill mentioned, there is -- there is kind of always going to be stuff popping up in the budget. I mean Brad's done how many budgets now? I have done a few. And it seems like there is going to be a conversation about that. Every single time this decision is before you there is going to be something. Not that -- not that we are minimizing those concerns in any way, we just realize there is always an opportunity to not take this increase for a reason, like the levy or a political reason or financial reason. The second is that, again, we -- we felt like the many times that Council opted not to take an increase it just put them farther and farther behind and that puts the burden of taking a larger increase on future Council or a future decision that's made and, then, we are not talking about a -- a seven percent, we are talking about a 12 percent and you can see that that was done over the history. So, any questions for me? Strader: Mr. Mayor? Simison: Jessica, I think there will be a question for you. Council Woman Strader. Strader: Thank you. I'm intrigued by this idea of trying to tie it to some kind of cost of living adjustment or general employees, just because I can kind of see what you are saying. I feel like it sort of sets up a trap a little bit for people where like if they don't take anything -- and it could be that they feel very strongly that that's personally their conviction; right? And I totally get that. But, then, it kind of -- it kind of does set up a future council, then, that might feel differently to have to make these huge adjustments. Is that part of the thinking? Is it like -- because you looked at the history and you are saying, okay, you know what, it would have been better if people would have just stayed at a steady state of like two to three percent, as opposed to like zero percent for five years, then, it's 33 percent. You are trying to address the lumpiness and kind of smooth that out. Is that part of the thinking? Perreault: Mr. Mayor, Council Members, Council Woman Strader, yes, absolutely, that was part of the thinking. If -- and we did have the conversation that had that approach been taken for the last 25 years this would have been a very different conversation and so we had many discussions regarding future council members, those that will be elected in the future and what this decision making process -- process is like for them and as Mr. Nary described, the opportunities that future council members have to campaign for this office and what's entailed with that and the responsibility. In addition what we noticed was that many of times that the decision was made to not take the Meridian City Council Work Session July 15,2025 Page 20 of 24 compensation, it was because the Council Members had concern for their staff and whether their staff was receiving increase and that's been something that I have appreciated about this Council is that they have always wanted to be sensitive to whether staff was receiving that increase and sometimes -- oftentimes, especially during the recession and during COVID, Council sought not to take those increases to be sensitive to what was happening with the staff. We feel like if we -- if we set it up such that the Council, then, is receiving a similar increase through market adjustments, then, that conversation can kind of be taken off the table. Strader: Thanks for explaining that. Mr. Mayor? Simison: Council Woman Strader. Strader: I have a little bit of a reaction so far, kind of like Councilman Overton. On the one hand I -- I do tend to agree, I think taking an increase is something we should take a hard look at. I am struggling really hard with the timing of going to the voters with our levy at the same time that we are considering this, I just think that's really hard and I think that -- part of that's political reality and part of that's just sensitivity. So, I don't know, it's something I think we are going to have to all wrestle with quite a bit. I do have reaction to the -- to the Mayor's salary. I feel like -- I see a compression issue between senior leaders and the mayor and I know it's not -- it's not unusual to have situations where you do have a CEO that's making a little bit less than other leaders, like that does happen. I thought those were good examples, but I'm a little bit just -- I do feel like it would be wise for us to try to get the mayor's salary up to 150,000 at some point soon, just because I feel like we are getting so far out of whack relative to Boise and I think to me it is a compression issue and it's an incentive issue and it's also just ensuring that that's an office that, you know, continues to attract the highest talent is really important to me, not just as a Council Member, but as a citizen and I -- I have seen up close now for more than one -- one and a half -- almost one and a half terms that it's a critical position. I think it needs to be compensated that way. So, I guess I have a little more openness to increasing the Mayor's salary at this point. Definitely gives us a lot to chew on. So, I think this was -- this was helpful. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: I would just chime in with my appreciation -- thank you. Simison: I have some thoughts and comments, some of it related to phase one, some of it related to phase two, but I guess, Bill, what's the process that you are -- that we need to have accomplished by when for the Council moving forward? Nary: So, Mr. Mayor, Members of Council, so we -- to comply with state code we have to have this approved 75 days before the election and I didn't -- I didn't get the count that -- it's basically about towards the end of August. So, if we want to wait until August Meridian City Council Work Session July 15,2025 Page 21 of 24 12th for a public hearing, that's fine. I just need some clarity or -- of what you would like to see the recommendations that they have made for the Mayor. You wanted the recommendation for the Council. Again, you can always change it, but if you want at least that to be the draft for a conversation I can prepare an ordinance for the 12th of August for that. If you want me to include also the subsequent years for the increase to -- based on the general employee compensation -- however you would like to fashion -- I can do basically all that's been proposed to you. You can, then, you know, cut back some of it if you wish to for -- to pass. We don't, obviously, have to pass the one you do, we just would not tend to want to increase something that you have, you know, had a public hearing on. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: So, Mr. Nary, I want to make sure I'm hearing that right. We could publish a memo that would show the numbers that are recommended by the committee, but to Council Member Strader's question, if the Council was supportive of elevating that number for the Mayor's salary to 150, we wouldn't be able to do that, because kind of like our budget we published a number lower than maybe what we would potentially consider? Nary: You could. So, the only -- the only question from Finance was they wanted a -- at the highest number you would propose, so they can make sure to put it in your budget that's going to come back to you on the 29th for the amount of money we are anticipating spending in the next fiscal year. So, that's the only number they cared about. I was saying from a public hearing standpoint and the ordinance, we can publish any number you wish, you can always change it and you can change it up or down. There is not a prohibition on -- Cavener: So, the one I was hearing on, I -- Nary: Yes. Simison: Maybe just some feedback on what was suggested from -- from my perspective, at least on -- as it pertains to the Mayor's compensation component. I did the math, it's roughly 2.39, a little bit -- yeah, pretty close to what the cost of living is for this current year and when Bill came and asked me -- or actually -- I don't know if you came and asked me. I think I volunteered the information. I said I felt like the position was well compensated, that, you know, looking at the cost of living would be appreciated if that's what they came forward with. Wasn't expecting it, but that's really where I felt like the job is. The pay has been elevated quite a bit over the last half dozen years. So, that -- that to me -- it feels in line, but still moving forward and not stagnating the position, but if the Council does wish to go to something that's yearly and, then, looking at a market adjustment to where I would suggest, Council Woman Strader, your stuff would come into place would be in two years. You know, every four Meridian City Council Work Session July 15,2025 Page 22 of 24 -- I think every four years is when you should look at a market adjustment with the committee, not every two years, because, really, you are -- you should not -- you know, we do three years for all the other employee positions. I don't think that you really are going to see market conditions change every two and if you tie it to when the Mayor's position is up that way you are putting in what you want to attract at that point in time, that that's the time to make those type of changes would make sense, so -- and I say this not in light of our -- I know Todd is going to say that this is all very immaterial to the larger scope of the budget and their cost, but I think that that would be the right time if we think that -- if there is a market concern two years from now when that position would actually be considered by the community for -- for election is when that conversation I think would be more appropriate to be had. I already agreed to the job with what the current rate was with all the understandings. Cavener: Good point. Simison: So, you should make changes to your compensation as well, just for the record. I have said it. I don't vote unless there is a tie, but I do think it's important to stay moving appropriately forward. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I recall from -- I think our conversation last week we are basically down a council member I think every week through the month of August, either -- we have got somebody who is unavailable each Tuesday and so this is I think an important vote of the Council and I would just want to make sure that we take that into account, too, about where we would want to schedule a public hearing and if it is important for all of the members of the Council to vote on this -- if those that have less of a strong feeling or more of a strong feeling about that, just -- before we pick an arbitrary date I just -- sitting in the back my head the mechanics we went through last week about a special meeting around the levy, I look at this as also I think an important part of the Council to make and we just want to make sure that we are inclusive of everybody's schedule as well. Simison: Well, it sounds like if that's the case you only have one date to put on if you want everyone to be there. Between now and the 14th. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bill, it would need to happen that you said in August. Nary: Yes. Meridian City Council Work Session July 15,2025 Page 23 of 24 Simison: No later than. So, we have one meeting scheduled in August currently. We have one meeting on the 29th where everyone is planning to participate. If you are accurate there is no other meeting between now and that date where everyone would be present. That's -- again, I wasn't aware that people were going to be gone in August, but -- Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: We may have had a schedule change. There is a good possibility -- and I could even make it happen that I could be here next Tuesday. Whitlock: And, Mr. Mayor, I could remote in. Cavener: So, then, Mr. Mayor, if that -- if that works for everybody for next Tuesday, then, let's -- Mr. Mayor, maybe have the city attorney put together a memo taking in to the recommendations for Mayor and Council compensation as presented for a public hearing and action next week during our regular city council meeting. Nary: Mr. Mayor, Members of the Council, so just so you know it will be a draft ordinance. Okay? So, it will be an ordinance with the -- just as it's currently in our code with the proposed wages or compensation for each of those positions over the next two years and I will also include, then, the provision about the -- after that two year period -- of those two cycles, then, it would go to the same as what the other ones, the annual adjustments. Yeah. I will have that on for Tuesday Cavener: Thanks, Mr. Mayor. Thank you, committee. Thank you, Mr. Nary. Nary: Thank you. Simison: Appreciate you all. Cavener: All right. With that, Mr. Mayor -- Simison: Councilman Cavener. Cavener: That does conclude our business for the work session. I move we adjourn our work session. Strader: Second. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. Meridian City Council Work Session July 15,2025 Page 24 of 24 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 12 25 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK W IDIAN� AGENDA ITEM ITEM TOPIC: Vanguard Village Subdivision No. 1 Pedestrian Pathway Easement (ESMT- 2025-0076) Ada County Recorder Trent Tripple 2025-044483 Project Name or Subdivision Name: Boise,Idaho Pgs=6 vbailey 07/16/2025 09:39:23 AM CITY OF MERIDIAN IDAHO$0.00 Vanguard Village Subdivision No 1 Electronically Recorded For Internal Use Only Record Number:ESMT-2025-0076 PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 15th day of July 2025 between Ten Mile West Commercial LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("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, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated 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. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 01/01/2024 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. THE GRANTOR does hereby covenant with the 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 thereofagainst the lawful claims ofall persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF MAHO } ) 5S County ofAda ) This record was acknowledged before me on Z5 (date) by J -V numa5 (name of individual), [complete the following l signing in a representative capacity, or stri e the following if signing signing in an individual capacity] on behalf of` 6n M+ 8 Ci a(, Ll.G (name of entity on behalf of whom record was executed), in the following representative capacity: Mosrka ev (type of authority such as officer or trustee) Notary Stamp Below ���1111lltillq���, Np RA +%\%�o os��4� Notary Signature Q Tin My Commission Expires: D3 l 2031 iLPUBL\c�ax�r Z*F 03-9 gTL O F`�0� Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-15-2025 Attest by Chris Johnson, City Clerk 7-15-2025 STATE OF IDAHO, ) ss. County of Ada. ) This record was acknowledged before me on 7-15-2025 (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 Stamp Below Notary Signature 3-28-2028 My Commission Expires: Pedestrian Pathway Easement Page 3 Version 01/01/2024 LEGAL DESCRIPTION FOR VANGUARD VILLAGE SUBDIVISON PATHWAY EASEMENT An easement of land located in the Northwest 1/4 of the Northeast 1/4, and the Northeast 1/4 of the Northwest 1/4 of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARING: The North line of the Northeast 114 of the Southeast 114 Section 15, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89015'15"East with the distance between monuments found to be 1321.87 feet. BEGINNING at a point from which the Center East 1/16 of said Section 15 bears North 89025'38" East a distance of 1486.14 feet; Thence South 39031'01" East, a distance of 1,611.65 feet; Thence South 86°48'51" East, a distance of 136.92 feet; Thence North 88047'56" East, a distance of 311.79 feet; Thence South 00°33'07" West, to a point on the Northern Right-of-Way of Interstate 84 a distance of 40.02 feet; Thence along said Right-of-Way the following Seven (7) Courses; South 88047'56" West, a distance of 312.10 feet; North 86048'51" West, a distance of 675.49 feet; North 84005'13" West, a distance of 546.27 feet; North 84022'13" West, a distance of 139.20 feet; North 81°25'32" West, a distance of 569.26 feet; North 85°10'41" West, a distance of 150.33 feet; North 81°21'24" West, a distance of 266.05 feet; Thence leaving said Right-of-Way North 00039'39" East, a distance of 40.39 feet; Thence South 81°21'24" East, a distance of 270.32 feet; Thence South 85010'41" East, a distance of 150.31 feet; Thence South 81°25'32" East, a distance of 569.55 feet; Thence South 84022" 3" East, a distance of 138.27 feet; Thence South 84005'13" East, a distance of 545.42 feet; Thence South 86048'51" East, a distance of 434.02 feet; Thence North 39°31'01" West, a distance of 1,617.77 feet; Thence South 89014'41" East, a distance of 68.55 feet; Thence along a curve to the right, with a radius of 31.00 feet and a central angle of 18026'06" an arc length of 9.97 feet with a chord bearing of South 80°01'38" East and a chord distance of 9.93 feet; Thence South 70048'35" East, a distance of 20.35 feet; Thence along a curve to the left, with a radius of 19.00 feet and a central angle of 18026'06" an arc length of 6.11 feet with a chord bearing of South 80001'38" East and a chord distance of 6.09 feet; Thence South 89'14'41" East, a distance of 2.26 feet to the POINT OF BEGINNING. Said Parcel containing 227,756 square feet or 5.23 acres, more or less and is subject to all existing easements and rights-of-ways of record or implied. END OF DESCRIPTION. Kenneth H. Cook, P.L.S. 9895 OPAL LA Timberline Surveying 316 S. Kimball Ave, Suite 207 Caldwell, Idaho 83605cc (208) 465-5687 t` EQF 0® i H. � A S70°48'35"E S89°14'41"E C1 20.35' 15 BASIS OF BEARING Alk 68.55' C2 P O.B. N89°14'32"W-1321.40' S89°15'15"E15 --- - ' ----- ------------------ 1�1321.87�1 N89°25'38"E-1486.14' C.E. 1/16 CORNER 15 ➢" = 300' \ \ 5/8" REBAR C S89°14'41"E \ \\ C. 1/4 CORNER P.L.S. 7880 C 2.26 \ 5/8" REBAR CP&F #2025-023720 \ \J,� P.L.S. 7880 E. 1/4 CORNER W \ CP&F #2025-023721 ALUMINUM CAP CURVE TABLE \ \�� P.L.S. 10729 CP&F #111022595 CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD \ \erns 41 C1 31.00' 18°26'06" 9.97' 5.03' S80°01'38"E 9.93' C2 19.00' 18°26'06" 6.11' 3.08' S80°01'38"E 6.09' N00°39'39"E \ \ 40.39' \ \ S81°21'24"E \ �270.32' S85°1041"E \ �150.31' \\ \\ S00°33'07"W _S_81°_ — Sp84_°2_2'13_"E — _ = \ \\\ 40.02' 532'E 569. 138.27' o S86485 136 92'�LN81°21'24"WT N81'2_2"W - S80 'E 545.42' \ N88 E 266.05' N85° "W -569.26 S86°48'51'E434.02' 311.7E 150.33' N84°05'13"W 546.27 ' — — N84°22'13"W N86_ _ _ °48'51"W-675.49' — — — — — p,L L,Q�, 139.20' S88°47'56"W-312.10' 1 -84 NORTHERN R.O.W. w . . (p VANGUARD VILLAGE SUBDIVISION � g ��A FOFi® ��" PATHWAY EASEMENT DISPLAY TrMBEriLrT�r� �I � • EXHIBIT B SURVEYING 316 S KIN MALL AVP..SIT IT CATDW FI L.IDAHO N1605 208-9G5-5681 FILE:25082-TEN MILE PATHWAY EASEMENT.dwg E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement for Use of Kleiner Park for Island Festival by Idaho Pacific Islanders Inc. C� fIEN DL4,,A H �. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Ali Breshears, Deputy City Attorney Meeting Date: July 15, 2025 Presenter: Bill Nary, City Attorney Estimated Time: 0.1 minutes Topic: Agreement for Use of Kleiner Park for Island Festival by Idaho Pacific Islanders Inc. Recommended Council Action: Please approve agreement and authorize Mayor to sign. Background: This agreement establishes terms and conditions of Idaho Pacific Islanders Inc. use of Kleiner Park for a special event on July 26, 2025. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT This Agreement for Use of Kleiner Park For Special Event(hereinafter"Agreement") is made this 26th day of June , 2025 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Idaho Pacific Islanders, Inc., a nonprofit corporation organized under the laws of the State of Idaho (hereinafter"Organizer"). WHEREAS, City and Organizer are mutually interested in enhancing the Meridian community's quality of life by providing and supporting special event opportunities for members of the Meridian and greater communities; WHEREAS, City and Organizer recognize that publicly-held facilities are resources requiring heightened stewardship and protection; WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the course of the special event hosted by Organizer at Julius M. Kleiner Memorial Park("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, on July 25th and 26th; and WHEREAS,the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of Park; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Organizer agree as follows: I. PERMISSION GRANTED. Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to utilize Park at the time,place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-25-0089 (the "TUP") for a large-scale special event known as Agreement for Use of Kleiner Park For Special Event -Treasure Valley Fine Art Festival ("Event"). II. OBLIGATIONS OF ORGANIZER. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where Organizer's use of Park and Park facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, Organizer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE I compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to,policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the following permits, as required by law: 1. City of Meridian Temporary Use Permit for Large Scale Special Event; 2. Any and all applicable licenses,permits, inspections, and/or certifications from the Ada County Highway District; 3. Any and all applicable licenses,permits, inspections, and/or certifications from the Central District Health Department; 4. Any and all reservations,permits, and inspections required by the Meridian Parks and Recreation Department. C. Fees, costs. If staffing or extended hours are required for the protection of public safety or maintenance of Park due to Event, Organizer shall reimburse City for all staffing costs within fourteen(14) days of City's invoice for such costs. If Organizer fails to timely reimburse City pursuant to such invoice, the City may decline to provide extra-duty personnel staffing, decline to reserve City facilities, release Organizer's reservations of City facilities for the Event, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. D. Time and place. The permission extended under this Agreement shall apply to the areas of Park detailed on the event site plan approved by City under City of the TUP: 1. Setup on July 25, 2025, from 8:00 a.m. to 9:00 p.m. ("Event Opening"). 2. On-site security personnel from completion of set-up on July 25, 2025, overnight and until event opening on July 26, 2025. 3. Event open to the public on July 26, 2025, from 10:00 a.m. to 9:00 p.m. 4. On-site security personnel from event close on July 26, 2025. 5. Tear-down on July 26, 2025, from 9:00 p.m. to 10:00 p.m. 6. Tear-down shall be completed before July 26, 2025 at 10:00 p.m. ("Event Closing"). Pursuant to City Code, Park shall be closed between dusk and dawn, except for overnight security personnel in the vendor area of the Event as permitted by Order of the Meridian Parks and Recreation Department Director, set forth in this Agreement. E. Manner. The permission extended under this Agreement shall be subject to all terms and conditions as set forth in this Agreement, in City of the TUP, and in any applicable laws and policies, including, without limitation, the Meridian Parks and Recreation Event Planners' Handbook. Such terms and conditions shall include, but shall not be limited to, the following: AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 2 1. The public must have general access to all areas of Park at all times during the event, so long as such access does not unduly interfere with Organizer's use of Park for Event. 2. Driving or parking vehicles on non-designated driving or parking surfaces shall be prohibited. 3. Where activities or equipment related to Event damage or destroy turf, landscaping, sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur additional expenses, Organizer shall reimburse City for all costs of repair, replacement, or expense within fourteen(14) days of City's invoice for such costs. 4. The Director of the Parks and Recreation Department, under the authority granted to him by Meridian City Code section 5-1-4(W)(1), shall, and hereby does, order that the Park closing time shall be waived as to overnight security personnel for the Event. Security personnel for the Event may remain in the Park after park closure from Event Opening until Event Closing. 5. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities. 6. No smoking shall be allowed in Park, except in designated parking areas. 7. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event and properly disposed of pursuant to the requirements of the Idaho Food Code. Used water, grease, charcoal, and other materials and supplies shall not be disposed of at Park. 8. Organizer is authorized to post signs for the purpose of identifying,promoting, advertising, or directing patrons to Event as represented and approved in the TUP. Organizer acknowledges that the permission extended by City under this Agreement to post signs shall extend only to the locations approved in the TUP, and that it is unlawful to post a sign identifying, promoting, advertising, or directing patrons to Event without the permission of the owner of such property. Organizer shall remove all signs identifying, promoting, advertising, or directing patrons to Event by Event Closing. 9. Organizer shall provide a medical services station at Event. Such station shall be clearly marked and accessible to all Event participants.At least two (2)personnel trained and certified to provide first aid shall be at the Event and available if needed at all times. F. Insurance. Organizer shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear-down. Such insurance shall name City as an additionally insured party, and shall AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 3 afford at least one million dollars ($1,000,000.00)per person bodily injury, one million dollars ($1,000,000.00)per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. III. OBLIGATIONS OF CITY. A. Facility operation. Except as otherwise set forth herein, City shall provide general maintenance, mowing, irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Park facilities, including,but not limited to, electricity,potable water, sewage service, and/or typical waste and refuse removal. City shall cause the repair and/or replacement of any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by acts of nature. To the extent that the cause of damage is attributable to Event activities, Organizer shall be responsible for the cost of repair or replacement. B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail address, and telephone number of specific City personnel (hereinafter"City Contact")who shall serve as City's primary contact between City and Organizer for all day-to-day matters regarding set-up, operation, and tear-down of in Park. City Contact for Event shall be: City Contact: Skyler Cook, Recreation Coordinator Meridian Parks and Recreation Department E-mail: scook@meridiancity.org Office Phone: 208-888-3579 IV. GENERAL PROVISIONS. A. Notice. Communication between Organizer and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows: City: Organizer: City of Meridian Idaho Pacific Islanders Inc. Attn: City Clerk c/o Jennifer Ali You 33 E. Broadway Avenue 923 Grant St. Meridian, Idaho 83642 Caldwell, ID 83605 AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 4 cityclerk@meridiancity.org jen@idahopacificislanders.org B. Public park. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow the use of Park, and close all or any portion of Park, for any and all purposes and under any and all conditions. C. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement shall include neither the right to exclude any law-abiding person from Park where such person is not interfering with Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park where such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. D. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. E. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Park. F. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises; Organizer accepts Park for use as is,both at the Effective Date of this Agreement and throughout the course of Event and all related activities. H. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 5 I. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. K. Termination. 1. Grounds. Grounds for termination of this Agreement shall include,but shall not be limited to: an act or omission which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. City may terminate this Agreement by providing twenty-four(24)hours notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four(24)hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e- mailing of notice of termination. L. Breach. Any act or omission by either party which breaches any term of this Agreement may provide grounds for termination. In the event of breach, the City may also decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. M. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 6 O. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. P. Approval required. This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ORGANIZER: BY. Jennifer Ah You Organizer, Idaho Pacific Islanders Inc. CITY OF MERIDIAN: Attest: BY: Robert E. Simison, Mayor 7-15-2025 Chris Johnson, City Clerk 7-15-2025 AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 7 v IDIAN� AGENDA ITEM ITEM TOPIC: Bittercreek Sewer Connection Agreement Between the City of Meridian and the City of Kuna RESOLUTION NO. R46-2025 CITY OF KUNA, IDAHO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KUNA, IDAHO AUTHORIZING THE MAYOR TO SIGN; AND AUTHORIZING THE MAYOR TO EXECUTE THE BITTERCREEK SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF MERIDIAN,AN IDAHO MUNICIPAL CORPORATION, AND THE CITY OF KUNA, AN IDAHO MUNICIPAL CORPORATION, RELATING TO MUNICIPAL SEWER SERVICES AND UTILITY USAGE BY THE BITTERCREEK MEADOWS SUBDIVISION HOMEOWNERS ASSOCIATION, INC. AN IDAHO NON-PROFIT CORPORATION; AND AUTHORIZING THE CITY CLERK TO ATTEST TO SAID SIGNATURE AND EXECUTION. BE IT HEREBY RESOLVED by the Mayor and Council of the City of Kuna, Idaho as follows: Section 1. The Mayor is hereby authorized to sign, attached hereto, the Bittercreek Sewer Connection Agreement between the City of Meridian, an Idaho municipal corporation, and the City of Kuna, an Idaho municipal corporation, relating to municipal sewer services and utility usage by the Bittercreek Meadows Subdivision Homeowners Association, Inc., an Idaho non- profit corporation, and the City Clerk is hereby authorized to attest to said signature. Section 2. The Mayor of the City of Kuna, Idaho is hereby authorized to execute said Bittercreek Sewer Connection Agreement between the City of Meridian, an Idaho municipal corporation, and the City of Kuna, an Idaho municipal corporation, relating to municipal sewer services and utility usage by the Bittercreek Meadows Subdivision Homeowners Association, Inc., an Idaho non-profit corporation;and,the City Clerk is hereby authorized to attest to said execution as so authorized and approved for on behalf of the City of Kuna, Idaho. PASSED BY THE COUNCIL of Kuna, Idaho this 15th day of July, 2025. APPROVED BY THE MAYOR of Kuna, Idaho this 15th day of July, 2025. 12 Joe . Stear, Mayor ••.•,,�� OF kG•.,,� Nathan n'eyw y Clerk L�RpoR9�� *: SEAL : i OF Resolution No. R46-2025 Authorizing The Mayor to sign the Bittercreek Sewer Connection Agreement Page I of I BITTERCREEK SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE CITY OF KUNA This BITTERCREEK SEWER CONNECTION AGREEMENT ("Agreement") is made on thisl5th day of July , 2025 ("Effective Date"), by and between the City of Meridian, a municipal corporation established under the laws of the State of Idaho, whose mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Meridian") and the City of Kuna, a municipal corporation established under the laws of the State of Idaho,whose mailing address is 751 W 4th St, Kuna, ID 83634 ("Kuna"). Kuna and Meridian may be referred to herein individually as a "Party" or collectively as the "Parties." WHEREAS,Meridian and the Bittercreek Meadows Subdivision Homeowners Association, Inc. ("HOA") entered into a Settlement and Mutual Release Agreement on December 11, 2013 ("Settlement Agreement"), a copy of which is attached as Exhibit A, relating to provision of water and sewer services to the Bittercreek Meadows Subdivision, which is located near the intersection of Amity Avenue and Ten Mile Road, as described in Exhibit B (`Bittercreek Meadows Subdivision"); WHEREAS,under the Settlement Agreement, Meridian agreed to connect enumerated lots in the Bittercreek Meadows Subdivision to municipal sewer service provided by the City of Kuna, at Meridian's expense; and, WHEREAS,HOA has agreed to connect the enumerated lots in Bittercreek Meadows Subdivision to Kuna's municipal sewer system; and, WHEREAS, Meridian desires to facilitate connecting Bittercreek Meadows Subdivision to the Kuna municipal sewer system, and Kuna agrees to provide certain municipal sewer services pursuant to the terms herein; NOW, THEREFORE,based on the recitals above, which are incorporated herein, and other good and valuable consideration, the Parties agree as follows: 1. Sewer services. a. Kuna shall permit the connection of the Bittercreek Meadows Subdivision's sewer infrastructure to Kuna's municipal sewer system(the "Kuna System"). Meridian shall reimburse Kuna for sewer hookup fees for connecting Bittercreek Meadows Subdivision to the Kuna System within 30 days of receiving the invoice for same. Meridian shall reimburse Kuna for a number of sewer hookup fees equal to the total number of Bittercreek Meadows Subdivision lots enumerated in the Settlement Agreement(the `Bittercreek Lots"), identified in Exhibit B. Kuna's present residential sewer hookup fee is $8,080 per connection(i.e. per residential lot). i. Of note, it is presently planned that a developer who is constructing a subdivision located in Kuna to the south of Bittercreek Meadows Subdivision will perform the work to connect the Bittercreek Subdivision sewer infrastructure to the Kuna System. Any costs associated with this work will be borne by Meridian. b. Following connection of the Bittercreek Meadows Subdivision to the Kuna System, Kuna shall provide municipal sewer services to Bittercreek Meadows Subdivision. The sewer services provided by Kuna shall be limited to receiving effluent from the Bittercreek Meadows Subdivision, and treating said effluent at a Kuna System wastewater treatment facility. c. Kuna and Meridian agree that the terms of this Agreement do not affect the jurisdiction of the respective sewer systems that meet at the manhole located at the intersection of S. Haya Place and W. Piscina Drive at station 9+01.48 (N: 689565.16, E: 2441143.19) (the "Jurisdictional Manhole"). Namely, the Parties respective sewer systems will meet and connect at the Jurisdictional Manhole, but beyond that point each entity shall retain the obligation to maintain and operate its separate individual sewer system. i. The Jurisdictional Manhole will be owned and maintained by the City of Kuna. ii. Kuna shall maintain its sewer system from the Jurisdictional Manhole, downstream to the west, toward Kuna. See Exhibit C. iii. As required by the Settlement Agreement, Meridian shall maintain the sewer system upstream of the Jurisdictional Manhole to the east, to include the portion of the sewer system that resides within Gran Prado Subdivision, up to and including the point of entry into the Bittercreek Meadows Subdivision. See Exhibit C. 2. Payment for sewer services. a. The Parties acknowledge that the HOA is responsible for use of and payment to Kuna for municipal sewer services in accordance with any and all applicable laws and Kuna ordinances. b. Kuna shall bill the HOA for municipal sewer services as nearly as practicable according to Kuna's standard accounting, billing, and collections procedures. Meridian shall provide a monthly water well read to Kuna on or before the fifteenth (15th) of each month to facilitate billing. The use fee at the time this Agreement is entered shall be the "Residential Not Annexed" fee set forth in Exhibit A to Resolution R22-2025 of the City of Kuna. The monthly base rate shall be the Residential Not Annexed Monthly Base Rate Fee multiplied by twenty-four(24) for the twenty-four residential lots. The fee charged pursuant to this Agreement shall be subject to amendment in the same manner as any other use fee charged by Kuna. Stated more directly, Kuna's use fees can and do increase over time, and the use fee charged to the HOA will be subject to increases the same as use fees charged to Kuna residents. c. In the event the HOA is delinquent in paying, or fails to pay, the sewer service fees billed by Kuna, Kuna shall send copies of any delinquency notices for nonpayment by the HOA to Meridian. d. If Kuna is unable to obtain payment from the HOA for municipal sewer services after two (2) months' notice of delinquency, submitted to HOA and Meridian, then Kuna shall send Meridian any invoice for payment due and owing by the HOA. e. Upon receipt of Kuna's invoice detailing the HOA's delinquency, Meridian shall be responsible for reimbursing Kuna for municipal sewer services provided by Kuna to the Bittercreek Meadows Subdivision. f. The Parties agree that nothing in this Agreement shall prohibit or restrict Meridian's ability to pursue legal remedies and action against the HOA for failure to pay Kuna for municipal sewer services. 3. Bittercreek Meadows Subdivision sewer lagoon. Kuna shall have no responsibility, including maintenance or decommissioning, for the Bittercreek Meadows Subdivision sewer lagoon, which is located on a parcel of real property identified as Ada County Assessor's parcel number R0967660153, which parcel is also described in Ada County Recorder's office instrument number 113136896. 4. Condition. Performance of this Agreement is conditioned upon Bittercreek Meadows Subdivision's continued connection to the Kuna sewer system. 5. Term and termination. This Agreement shall continue indefinitely until modified or terminated by written mutual agreement of the Parties. Alternatively, if Bittercreek Meadows Subdivision is granted annexation into any municipality, and the annexing municipality is capable of, and willing to, provide sewer service to Bittercreek Meadows Subdivision, at such time the sewer effluent enters the annexing municipalities' infrastructure, this Agreement will automatically terminate. 6. Third-party beneficiaries. There are no third-party beneficiaries to this Agreement, including the HOA or any individual property owner within the Bittercreek Meadows Subdivision. 7. Limitations. Nothing in this Agreement shall be construed as limiting or expanding the statutory or regulatory responsibilities of either Party in performing functions granted to them by law. Each and every provision of this Agreement is subject to the laws and regulations of the State of Idaho and its political subdivisions, and to the laws and regulations of the United States. 8. Apportionment of liability. Both Parties participate in the comprehensive liability plan provided through ICRMP. If a claim or damage arises from more than one Party's performance of the Agreement or is not allocable to any Party, each Party shall bear their own costs arising from the claim or damage. If a property claim or damage is not covered by the Party's self-insurance or other property coverage, the responsible Party shall pay the costs arising from such claim or damage to the extent funds are legally available therefore. Nothing in this Agreement shall extend the tort responsibility or liability of either Party beyond that required by the Idaho Tort Claims Act, Idaho Code section 6-901 et seq. 9. Notices. Whenever any notice, approval, consent, or request is given or made pursuant to this Agreement, it shall be deemed communicated upon mailing by United States Mail, addressed as follows: If to Kuna: If to Meridian: City Clerk, City of Kuna City Clerk, City of Meridian 751 W. 4th Street 33 E. Broadway Avenue Kuna, ID 83634 Meridian ID 83642 cityclerk@kunaid.gov cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. 10. Assignment.No Party shall be permitted to assign this Agreement without the express, written consent of the other Parties. This Agreement shall be binding upon and shall inure to the benefit of the respective heirs,personal representatives, successors, and assigns of the Parties. 11. No agency. The Parties expressly acknowledge and agree that the Parties, including their respective employees, agents, contractors, officials, and officers, are not agents of the other Party in any manner or for any purpose. One Party under this Agreement shall have no authority to enter into contracts or agreements on behalf of the other Party. All contracts or agreements shall be entered on behalf of the executing Parry or executed jointly by both Parties. 12. Non-waiver. Failure to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time a Party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. 13. Force majeure. No Party will be liable for failure to perform any duty under this Agreement where such failure is due to unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, epidemics, quarantine, strikes or other natural disasters. No Party shall be liable for any failure to perform resulting from any order of any court or state or federal agency. 14. Applicable law.This Agreement shall be governed,construed,and enforced in accordance with the laws of the State of Idaho. Venue shall be Ada County, Idaho. 15. Miscellaneous.Time is of the essence with regard to the performance of all of the Parties' obligations under this Agreement. All exhibits to this Agreement are incorporated by reference and made a part hereof as if the exhibits were set forth in their entirety in this Agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements or understandings,oral or written, whether previous to the execution hereof or contemporaneous herewith. This Agreement may only be amended via a writing signed by the Parties hereto. IN WITNESS WHEREOF,the Parties have hereunto subscribed their signatures the day and year first herein above written. CITY OF MERIDIAN: Robert Simis"nayoi- 7-15-2025 P � AL 4'1 I1.11AN Attest: `- AFAI City Clerk'Z Chris ' son 7-15-2025 CITY OF KUNA A- q rulm�-- By: oe Stear, Mayor it .• � OF k ••• Attest: G.•��po*�'•,7 ,'•. City ClerOKI S �•� S SEAL s •• .•• *• A9T•••....••'N%X EXHIBIT A SETTLEMENT AND MUTUAL RELEASE AGREEMENT SETTLEMENT AND MUTUAL RELEASE AGREEMENT This Settlement and Mutual Release Agreement ("Agreement") is made as of the last date written below the signatures of the parties ("Effective Date") by and between Bittercreek Meadows Subdivision Homeowners Association, Inc. ("HOA"), Tim Kelly ("Kelly"), and the City of Meridian ("City"). 1. BACKGROUND. The HOA and Kelly commenced an action in the District Court for the Fourth Judicial District of the State of Idaho, in and for the County of Ada, case number CV-OC-12-05319 (the "Lawsuit") against JLJ Enterprises, Inc. ("JLJ"), Bittercreek Meadows Water & Sewer Users Association, Inc. (`BWSA"), James L. Jewett ("Jewett"), Renascence Properties, LLC ("Renascence"), and the City. The HOA and Kelly(collectively"Plaintiffs") desire to compromise and settle the Lawsuit, as between Plaintiffs and the City,to settle any and all claims and disputes existing between Plaintiffs and the City and to mutually release each other, all according to the provisions of this Agreement. 2. SEWER CONNECTION. The City, at the City's sole cost and expense, shall connect lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23,24, 25, and 26, Block 1 of the Bittercreek Meadows Subdivision, according to the official plat thereof recorded on the 26th day of May, 2006, in Book 95 of Plats at pages 11674 through 11677, as instrument No. 106083883, records of Ada County, Idaho, as amended by Amended Plat of Bittercreek Meadows Subdivision, recorded on June 27, 2006 in Book 95 of Plats at pages 11732 through 11735, as Instrument No. 106102994, records of Ada County, Idaho (collectively the "Lots"), to municipal sewer service provided by the City of Kuna so that after connection, waste water effluent from the Lots flows to Kuna's waste water treatment plant without further treatment, cost (other than the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits),testing, or construction by the HOA and/or the members of the HOA and the members of the HOA can receive sewer service from the City of Kuna by agreeing to pay the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits. The date when the City has completed connecting the Lots to municipal sewer service provided by the City of Kuna and the members of the HOA can receive sewer service from the City of Kuna by agreeing to pay the typical monthly service fee charged by the City of Kuna to other residential dwellings within Kuna city limits is herein referred to as the "Connection Date". Connection to municipal sewer service provided by the City of Kuna includes, but is not limited to, payment of all connection fees, conveyance fees and other charges for connection, all construction work necessary to connect the Lots to Kuna's waste water treatment plant and the restoration and repair of all improvements within the Bittercreek Meadows Subdivision disturbed by such construction. In no event shall the HOA and/or the members of the HOA be required to consent to annexation by the City of Kuna and the refusal of the HOA and/or the members of the HOA to annex into the City of Kuna shall not relieve the City from its obligations set forth in this Section. The HOA agrees that the City may, but is not obligated to, provide the sewer services to the Lots as set forth in this Section provided such sewer service is on the same terms and conditions as required to be provided by the City of Kuna. 3. SEWER MAINTENANCE AND OPERATION. From and after the Effective Date until the date the City of Kuna agrees to assume the operation, maintenance, repair, and replacement of the Sewer Lines(as hereafter defined),the City, at the City's sole cost and expense and without reimbursement from the HOA or the members of the HOA, agrees to operate, maintain, repair, and replace the Sewer System (as hereafter defined) in accordance with applicable law. For purposes of this Agreement, the "Sewer Lines" mean all sewer lines serving the Lots except the portion of the sewer line within a Lot providing service just to that Lot. By way of example, within Lot 2 there is a sewer line serving both Lot 1 and Lot 2. The portion of the sewer line serving both Lot 1 and Lot 2 is a Sewer Line but the portion of the sewer Settlement and Mutual Release Agreement- 1 45406.0001.6120430.7 line serving just Lot 1 or just Lot 2 is not a Sewer Line. For purposes of this Agreement, the "Sewer System" means all Sewer Lines, the sewer lagoon pond to which the Sewer Lines connect, the sewer lagoon pond liner, the fencing surrounding the sewer lagoon pond and all other appurtenances to the Sewer Lines and/or sewer lagoon pond to which the Sewer Lines connect. 4. TITLE TO BWSA ASSETS. The City hereby quit claims to HOA any right, title or interest the City may have to any and all assets of the BWSA including,but not limited to, Lot 7, Block 1 of the Plat of Bittercreek Meadows Subdivision, the well located on Lot 7, all equipment associated with the well, and water right Permit No. 63-31957. 5. ANNUAL INSPECTION OF BIOMICROBIC UNITS. From and after the Effective Date until the Connection Date, the City, at the City's sole cost and expense, agrees to pay for the annual inspection of each biomicrobic unit located on the Lots as required by applicable law. The City shall pay for such inspections directly to Idaho Residential Wastewater Treatment Services, Inc. on behalf of each Lot owner beginning the July 2014-June 2015 billing year. In the event the City receives any correspondence from Idaho Residential Wastewater Treatment Services, Inc. directed to the Lot owners other than billing, the City shall forward these to the HOA address identified in Paragraph 17 of this Agreement. 6. LICENSE. The HOA hereby conveys to the City a license to enter upon all lots within the Bittercreek Meadows Subdivision to perform the obligations of the City undertaken in this Agreement. The license will remain in effect for so long as the City has obligations under this Agreement. 7. ATTORNEY FEES. The City agrees the HOA and Kelly are entitled to reasonable attorney fees and costs as the prevailing party pursuant to the Water and Sewer Agreement(as defined in Section 10) in an amount to be fixed by the Court pursuant to Idaho Rule of Civil Procedure 54. The City, HOA and Kelly have been unable to reach agreement on the amount of attorney fees and costs due the HOA and Kelly. Therefore, the City, HOA and Kelly agree to submit the matter to the court as part of the resolution of the Lawsuit. The parties to this Agreement specifically authorize and hereby direct their respective counsel to promptly after the Effective Date file with the court such motions, memoranda in support or opposition of such motions and supporting affidavits and pleadings and request the court to determine the amount of attorney fees and costs the HOA and Kelly are entitled to as the prevailing party. 8. PAYMENT OF UP TO $28,856.23. Providing the City receives adequate income from assessments to require such payment, JLJ could be owed the sum of up to $28,856.23 from the City pursuant to the terms of that certain Cooperative Construction and Reimbursement Agreement 12-Inch Water Main from the Intersection of Overland and Linder Roads West Approximately 5000 Feet dated March 12, 2009 (the "Reimbursement Agreement"). JLJ has assigned such amount to the HOA and the City hereby consents to the assignment, and will hereafter consent to the assignment of this Reimbursement Agreement from the HOA back to JLJ at any point in the future while the Reimbursement Agreement remains valid. The City agrees to pay the HOA the sum of up to $28,856.23 as it collects assessment fees from the South Ridge Subdivision in accordance with the Reimbursement Agreement. Such amounts shall be paid to Hawley Troxell and delivered to 877 Main St., Suite 1000, Boise, ID 83702, attention Timothy W. Tyree. The City agrees not to offset any amounts otherwise due the City from JLJ or otherwise raise any defense to the payment of up to $28,856.23 other than the lack of receipt of assessment fees from the South Ridge Subdivision or the expiration of term of the Reimbursement Agreement. The City agrees to extend the term of the Reimbursement Agreement until March 11,2019. 9. SETTLEMENT WITH HOMEOWNERS. HOA and Kelly agree to seek the approval and execution by all members of the HOA to the Mutual Release Agreement attached hereto as Exhibit A. Settlement and Mutual Release Agreement-2 45406.0001.6120430.7 This Agreement is contingent on at least three-fourths of the members executing the Mutual Release Agreement. The City agrees to execute the Mutual Release Agreement attached hereto as Exhibit A. 10. TERMINATION OF SEWER AND WATER AGREEMENT. The Amended Bittercreek Meadows Agreement for Sewer and Water Service between the City, JLJ, Bittercreek, LLC and HOA, as amended by the Second Amended Bittercreek Meadows Agreement for Sewer and Water Service (collectively the "Water and Sewer Agreement") is hereby terminated as between HOA and the City, and shall no longer be of any force or effect. 11. PLAINTIFF'S REPRESENTATIONS AND WARRANTIES. Plaintiffs represent and warrant to the City as follows: (a) Authority. HOA is a corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of HOA have authority to bind HOA. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate action and do not violate HOA's articles of incorporation, bylaws or any agreement to which HOA is a party. (b) Transfer. Plaintiffs, individually and collectively, have not assigned or transferred any of its rights, claims or demands of whatsoever kind against the City related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. Plaintiffs have been advised to consult counsel of their choice, that at the time of the execution of this Agreement, each was represented by counsel of his/its choice and has consulted with or had the opportunity to consult with his/its counsel and has been fully advised concerning the scope and binding, legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and enforceable agreement. Plaintiffs acknowledge that they have relied entirely on their own counsel and their own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his signature hereto represents that he has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he is authorized to enter into this Agreement on his personal behalf and on behalf of any entity on whose behalf he executes it. 12. THE CITY'S REPRESENTATIONS AND WARRANTIES. The City represents and warrants to Plaintiffs as follows: (a) Authority. The City is a municipal corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of the City have authority to bind the City. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary action and do not violate the City's ordinances or any agreement to which the City is a party. (b) Transfer. The City has not assigned or transferred any of its rights, claims or demands of whatsoever kind against Plaintiffs related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. The City has been advised to consult counsel of its choice,that at the time of the execution of this Agreement, the City was represented by counsel of its choice and has consulted with or had the opportunity to consult with its counsel and has been fully advised concerning the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and Settlement and Mutual Release Agreement-3 45406.0001.6120430.7 enforceable agreement. The City acknowledges that it has relied entirely on its own counsel and its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this Agreement on on behalf of any entity on whose behalf he/she executes it. 13. MUTUAL RELEASE. Except for performance of this Agreement, Plaintiffs and the City, on behalf of themselves and on behalf of their heirs, administrators, executors, personal representatives, successors and assigns, and on behalf of their past, present and future officers, directors, employees, agents, legal representatives and attorneys, and insurers, do hereby forever release,remise, discharge, and acquit the other (Plaintiffs and each of them release the City, and the City releases Plaintiffs and each of them) and their past, present and future officers, directors, employees, agents, legal representatives and attorneys, and insurers, of and from any and all, in all manner of, actions, causes of action, claims, suits, debts, sums of money, covenants, contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or other expenses, attorneys' fees,judgments, executions, obligations, claims and demands of any kind whatsoever, whether vested or contingent, in law or in equity, foreseen or unforeseen, suggested or unsuggested,known or unknown,now asserted or not asserted,which any of the opposing parties ever had, shall or may have, as a result of or by reason of or in connection with the Water and Sewer Agreement, the Revised Nullification Agreement and/or the Lawsuit and/or claims or potential claims that each of the parties to this Agreement have or may have been obligated to assert against each other in said Lawsuit. The parties hereto specifically waive the provisions of any law,whether imposed by statute,regulation or otherwise, that a general release does or may not extend to claims that the party does not know or suspect to exist in its favor at the time it gives a release. 14. NO ADMISSION OF LIABILITY. This Agreement made and effected hereby is a compromise and settlement of the claims by and against the opposing parties hereto, and neither this Agreement, any payments made pursuant hereto nor any provisions herein shall be construed as an admission of liability by any party hereto, the same being denied. This Agreement is intended by all parties hereto merely to avoid further litigation and to buy their peace. 15. DISMISSAL OF LAWSUIT. The parties to this Agreement specifically authorize and hereby direct their respective counsel to execute a Stipulation and Order of Dismissal with prejudice in the pending lawsuit referred to above and to file the Stipulation and Order of Dismissal in the court upon the execution of this Agreement. The parties further agree that, in the event either party claims a breach of this Agreement following its execution, the following provisions shall apply to any suit brought by the party claiming a breach of this Agreement: (a) Presiding Judge. The parties consent and agree to Judge Lynn Norton, District Judge of the Fourth Judicial District of the State of Idaho, presiding over any action brought by either party for the breach of this Agreement, and that any such suit shall be filed and heard in the Fourth District Court of the State of Idaho, in and for the County of Ada. (b) Scheduling. The Parties hereby agree and consent to the following time limitations being placed upon any action brought by either party for the breach of this Agreement upon the filing of any action for such breach: (i) Upon the filing of such suit, discovery (including, but not limited to, interrogatories, requests for production, requests for admission, subpoenas, depositions, and discovery involving expert witnesses) shall be allowed for no more than four(4) months following the filing of the Settlement and Mutual Release Agreement-4 45406.0001.6120430.7 answer by the defending party, with all such discovery to be concluded (including responses to written discovery)by the end of the four month period. (ii) All dispositive motions (including motions to dismiss and motions for summary judgment)must be filed and heard no later than sixty(60) days following the conclusion of discovery. (iii) A trial shall be scheduled so as to begin no later than ten (10) months from the date the suit is filed with the court. (iv) No deviation from the time parameters imposed herein shall be allowed except through the stipulation of the parties or by leave of the court with good cause showing. It is the intent of the parties by agreeing to these time limitations that any action for a breach of this Agreement be heard and resolved expeditiously by the court, and that any exception to these time limits should be granted only for reasons that would cause material prejudice to the requesting party if such exception is not granted, and that the requesting party has acted in good faith and has not caused or materially contributed to the situation causing a need for an extension. 16. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit or affect the claims Plaintiffs have against JLJ, BWSA and Jewett and Plaintiffs reserve for themselves the full and complete rights to pursue the Lawsuit and claim any and all damages and/or remedies against JLJ, BWSA and Jewett. This Agreement does not release and shall not be construed as a release of JLJ, BWSA and Jewett. 17. NOTICES. All notices given pursuant to this Agreement shall be in writing and shall be given by personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at the address set forth below. City: City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 HOA: Bittercreek Meadows Subdivision Homeowners Association,Inc. 3891 W. Daisy Creek St Meridian, ID 83642 Kelly: Tim Kelly 3891 W. Daisy Creek St Meridian, ID 83642 18. ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto constitute the entire agreement between the parties. No representations, warranties or promises have been made except those set forth in this Agreement. Any agreement hereafter made shall be ineffective to change, modify or discharge the Agreement in whole or in part unless such agreement is in writing and signed by all of the parties hereto. 19. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of this Agreement, or in connection with this or any of the provisions of this Agreement,the prevailing party shall be entitled to an award of and to recover reasonable attorney fees set by the court and not by a jury and to an award of and to recover other costs incurred in that suit, action or proceeding, in addition to any other relief to which it may be entitled, including any appeal thereof. Settlement and Mutual Release Agreement-5 45406.0001.6120430.7 20. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. Facsimile or electronic transmission of any signed original document shall be the same as delivery of the original. 21. GOVERNING LAW. This Agreement and the rights and obligations of the parties hereto shall be controlled, governed, interpreted and construed according to the laws of the State of Idaho in all respects. 22. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no way define,limit, extend or describe the scope or intent of this Agreement. 23. DRAFTING. The undersigned parties acknowledge that they and their respective counsel are responsible for the drafting of this Agreement. 24. SURVIVAL. The representations, warranties, and covenants set forth in this Agreement shall survive the closing and shall be deemed to be material and to have been relied upon by all parties. 25. CONTINGENCY. Notwithstanding execution of this Agreement by Plaintiffs, Plaintiffs' obligations under this Agreement are contingent upon the JLJ, BWSA, Jewett and Renascence, LLC agreeing to dismiss the Lawsuit on terms and conditions acceptable to Plaintiffs. [Signature Page(s)Follow] Settlement and Mutual Release Agreement-6 45406.0001.6120430.7 Bittercreek Meadows Subdivision Homeowners Association ne---- By: Tim Kelly Ro McCarvel, es' ent Date: Date: ( ;) 1 \— � 3 Attest: City of Meridian: By: Tammy de Weerd,Mayor Deputy City Clerk Date: Settlement and Mutual Release Agreement-7 45406.0001.6120430.7 I1i114rrrcck A1c;ldm%s Subdivision 11011 MMI)ers r1�+nCl�tlinrs, Itic. 1-111s T+e il► - - - 14�: Ruh McCarvel, 1'residcn[ T zoI — 0 [)ale: Alwi[: cilk' of mcri4Ii;[ss: Tammy do Wccrd. Nt:t}.ar Date: N Icsll id X[ulmil Rcic:"c{Ipvomicnt - 7 4 title`�t>t11 hI.i171P 7 Generated by CarnScanner EXHIBIT A MUTUAL RELEASE AGREEMENT This Mutual Release Agreement ("Release Agreement') is made by and between the individual homeowners who execute this Agreement below and the City of Meridian("City"). 1. BACKGROUND. Bittercreek Meadows Subdivision Homeowners Association, Inc. ("HOA") and Tim Kelly("Kelly") commenced an action in the District Court for the Fourth Judicial District of the State of Idaho, in and for the County of Ada, case number CV-OC-12-05319 (the "Lawsuit') against the City, Renascence Properties, LLC ("Renascence"), JLJ Enterprises, Inc. ("JLJ"), Bittercreek Meadows Water& Sewer Users Association, Inc. ("BWSA") and James L. Jewett("Jewett'). The HOA and Kelly (collectively"Plaintiffs") desire to compromise and settle the Lawsuit, as between Plaintiffs and the City, to settle any and all claims and disputes existing between Plaintiffs and the City and to mutually release each other, all according to the provisions of a Settlement and Mutual Release Agreement between Plaintiffs and the City (the "Settlement Agreement'). The Settlement Agreement is contingent on the members of the HOA executing this Release Agreement. 2. HOMEOWNERS. Each homeowner listed below is individually referred to as a"Homeowner" in this Release Agreement and collectively as the "Homeowners". Each Homeowner is independently entering into this Release Agreement, separate and apart from each and every other Homeowner, as though each Homeowner signed a separate agreement with the City. The liability of each Homeowner under this Release Agreement is several and no Homeowner shall be liable for any breach or alleged breach of this Release Agreement caused by or related to any other Homeowner. Any Homeowner, acting alone,may enforce the terms of this Release Agreement. 3. HOMEOWNER REPRESENTATIONS AND WARRANTIES. Each Homeowner represents and warrants to the City as follows: (a) Authority. Any individuals entering into this Release Agreement on behalf of each Homeowner have authority to bind the Homeowner. Entering into this Release Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary actions and do not violate any agreement to which the Homeowner is a party. (b) Transfer. Homeowner has not assigned or transferred any of its rights, claims or demands of whatsoever kind against the City related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. Homeowner has been advised to consult counsel of their choice, that at the time of the execution of this Release Agreement, Homeowner was represented by counsel of her/his/its choice or has elected not to be represented and has consulted with or had the opportunity to consult with her/his/its counsel and has been fully advised concerning the scope and binding legal effect of this Release Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Release Agreement and the fact that this is a legal and enforceable agreement. Homeowner acknowledges that he/she/it has relied entirely on his/her/its own counsel and his/her/its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Release Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Release Agreement in its entirety and that he/she is authorized to enter into this Release Agreement on his/her personal behalf and on behalf of any entity on whose behalf he/she executes it. Settlement and Mutual Release Agreement- 8 45406.0001.6120430.7 4. THE CITY'S REPRESENTATIONS AND WARRANTIES. The City represents and warrants to Homeowners as follows: (a) Authority. The City is a municipal corporation duly formed and validly existing under the laws of the state of Idaho. Any individuals entering into this Agreement on behalf of the City have authority to bind the City. Entering into this Agreement and consummation of the transactions contemplated hereby have been duly authorized by all necessary action and do not violate the City's ordinances or any agreement to which the City is a party. (b) Transfer. The City has not assigned or transferred any of its rights, claims or demands of whatsoever kind against Homeowners related to or arising out of the Lawsuit to any other person or entity. (c) Independent Review. The City has been advised to consult counsel of its choice,that at the time of the execution of this Agreement, the City was represented by counsel of its choice and has consulted with or had the opportunity to consult with its counsel and has been fully advised concerning the scope and binding legal effect of this Agreement, the amounts of settlement, and all of the terms, conditions, covenants and other provisions of this Agreement and the fact that this is a legal and enforceable agreement. The City acknowledges that it has relied entirely on its own counsel and its own knowledge and assessment of the Lawsuit and of all other circumstances in making this Agreement. Each person subscribing his/her signature hereto represents that he/she has personally read and understood all of the terms and provisions of this Agreement in its entirety and that he/she is authorized to enter into this Agreement on on behalf of any entity on whose behalf he/she executes it. 5. MUTUAL RELEASE. Homeowners and the City, on behalf of themselves and on behalf of their heirs, administrators, executors, personal representatives, successors and assigns, and on behalf of their past, present and future officers, directors, employees, agents, legal representatives and attorneys, affiliates, subsidiaries,partners, and insurers, do hereby forever release, remise, discharge, and acquit,the opposing parties (Homeowners and each of them release the City, and the City releases Homeowners and each of them) to this Release Agreement and their past, present and future officers, directors, employees, agents, legal representatives and attorneys, affiliates, subsidiaries, partners, and insurers, of and from any and all, in all manner of, actions, causes of action, claims, suits, debts, sums of money, covenants, contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or other expenses, attorneys' fees, judgments, executions, obligations, claims and demands of any kind whatsoever, whether vested or contingent, in law or in equity, foreseen or unforeseen, suggested or unsuggested, known or unknown, now asserted or not asserted, which any of the opposing parties ever had, shall or may have, as a result of or by reason of or in connection with the Water and Sewer Agreement,the Revised Nullification Agreement and/or the Lawsuit and/or claims or potential claims that each of the parties to this Agreement have or may have been obligated to assert against each other in said Lawsuit. The parties hereto specifically waive the provisions of any law,whether imposed by statute,regulation or otherwise, that a general release does or may not extend to claims that the party does not know or suspect to exist in its favor at the time it gives a release. 6. NO ADMISSION OF LIABILITY. This Release Agreement made and effected hereby is a compromise and settlement of the claims by and against the opposing parties hereto, and neither this Release Agreement nor any provisions herein shall be construed as an admission of liability by any party hereto, the same being denied. This Release Agreement is intended by all parties hereto merely to avoid further litigation and to buy their peace. Settlement and Mutual Release Agreement-9 45406.0001.6120430.7 7. NO RELEASE OF JLJ, BWSA AND JEWETT. This Agreement shall not compromise, limit or affect the claims Homeowners have or may have against JLJ, BWSA and Jewett and Homeowners reserve for themselves the full and complete rights to pursue the Lawsuit and claim any and all damages and/or remedies against JLJ, BWSA and Jewett. This Agreement does not release and shall not be construed as a release of JLJ,BWSA and Jewett. 8. ENTIRE AGREEMENT. This Release Agreement and the exhibits attached hereto constitute the entire agreement between the parties. No representations, warranties or promises have been made except those set forth in this Release Agreement. Any agreement hereafter made shall be ineffective to change, modify or discharge this Release Agreement in whole or in part unless such agreement is in writing and signed by all of the parties hereto. 9. ATTORNEY FEES. In the event of any suit, act or other proceeding arising under the terms of this Release Agreement,or in connection with this or any of the provisions of this Release Agreement,the prevailing party shall be entitled to an award of and to recover reasonable attorney fees set by the court and not by a jury and to an award of and to recover other costs incurred in that suit, action or proceeding, in addition to any other relief to which it may be entitled, including any appeal thereof. 10. COUNTERPARTS. This Release Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. Facsimile or electronic transmission of any signed original document shall be the same as delivery of the original. 11. GOVERNING LAW. This Release Agreement and the rights and obligations of the parties hereto shall be controlled, governed, interpreted and construed according to the laws of the State of Idaho in all respects. 12. HEADINGS AND TITLES. It is understood and agreed that all of the headings and titles, and all of the subheadings and subtitles, are inserted as a matter of convenience and reference only, and in no way define,limit, extend or describe the scope or intent of this Release Agreement. 13. SURVIVAL. The representations,warranties, and covenants set forth in this Release Agreement shall survive the closing and shall be deemed to be material and to have been relied upon by all parties. City of Meridian: By: Tammy de Weerd,Mayor Date: [Homeowner Signature Page(s)Follow] Settlement and Mutual Release Agreement- 10 45406.0001.6120430.7 LOT 1 LOT 2 Lance Beeson Troy Larsen Donna Beeson Suzy Larsen LOT 3 LOT 4 Nathon Argon John Hobson Sonny Argon Marianne Saunders LOT 5 LOT 6 Chris Satchwell Dan Cheney April Satchwell Tonya Cheney LOT 8 LOT 9 Paul Orlando Jenifer Brown Caryn Orlando Tony Brown LOT 10 LOT 11 Aaron Whitman Spencer Hill Janice Whitman Sara Hill LOT 12 LOT 13 Greg Gould Kevin Wittmuss Amy Wittmuss LOT 14 LOT 16 Settlement and Mutual Release Agreement- 11 45406.0001.6120430.7 Amber Cullum Chris Wells Mike Cullum Katie Wells LOT 17 LOT 18 Brett Webb Jeff Obenchain Alex Webb Jenny Obenchain LOT 19 LOT 20 Sabrina Wilson Jared Papa Shawn Wilson Holly Papa LOT 21 LOT 22 BANK OF THE WEST Erik Richardson By: Name: Its: Maggie Richardson LOT 23 LOT 24 Kelly Adams Tim Kelly Sue Adams Susan Kelly LOT 25 LOT 26 Les Oliver Rhonda McCarvel Suzi Oliver Rob McCarvel Settlement and Mutual Release Agreement- 12 45406.0001.6120430.7 EXHIBIT B RECORDED PLAT FOR BITTERCREEK MEADOWS SUBDIVISION q yy c Y y 4 4y o. '� c S �do cow ° o[ ¢ y°y C o �° � v°u u C4 � o c N a $ E o q^ `E a u �2,"c cm'�. ° ;aQoco o y\ S\ 2cQUdo .c o "y 3N 3w ;M °c vZ.c� '�� w 0 ^ b DN Q 2D.OF � UC^O CUB ° c y0 $ ° '�G4� DQU$D°aPi ti Uyp'1 +V Y^ c; c.J.Y� c o•c.o„o o. DD F J ,Oc yy q.c� ��+o` y$'�W� 4 � ceppp b0 OV `J cIn ctn 0°r luU �ow4 $itio E4 c 4o°4+a- .a ° q4 I oc o o q cy �o c ca.E a 2yY.� E a cx ^ 2f°I Y o w O G2 W1 11 •• a c ov cy co o >< c cep. �W:V N�i ab Biy aN� F I .o aauo.: O¢ c .� Cyr a u"'c 00 � Q k�W c; °q E\�,Evog a � '° 2, �i�1 to^o '°o.y '°o a I o,oc c4 y U•. o� Eb Eoo r; oa a p ° `c Q� y c QI O ^ J�I 1�J FlJQl1 0 I�4 �O-® I II II I'I m4 o.vl°�o Vo.'°C°,aCa�°�S�No°�3o��''�a`DS4°o,'���`o�•'' ,�p�°°i £uoD°,xqi°lS' ccUCo"o,y°°! ho0oyc,wM0�$03"qo:o'4 gOiy �`E'$&cp��£°o~uOO x'$IOAn ��O'b,yaoF Umo.a��oc0Fy°maoU°E.oWWN�eppvyXX,, g��Oc�'$�y�°ai- Cr 8 °4 Oo U kOE N ; '] aob t♦o o3 1� j pR�F4° C h0 �'� ��Ce •� 3`.Cm FOpU 4q O .U'a"� eO 'UI^w� z i_O C Oy Du °D°�o;Oco c °Oaf ." U ° 2 F c$sc3 � °Ypu`'o a;,vo°°AS? oe t Q Cio��o a Z v�a g 3a Co ao.Eo Y°E:� L,Jy c•. E'�a y,Fc l+ .c�. o.c bb c "c c o4 m° �°^ U g N b 0 •�j u O a , O O N` 3 .� F'o, Z u1M°)O °,.c o Y� N`• � w4. a^o Sa•-.�.. tiNRiMvih^O cC�u°i Da 4o c� c ri.c h O b � Qv08minN&L 'S W [� tl tl D ^ UON ONIN QO ,.tL. Q 0 y22 � mbN"1b1"ia'L �¢o tiwcocoo �u °o �Y FTm¢3 �Y �c3E �°,°c$e•E000f Fc3o o $moc�n� �� w ���1111 °� � � \ �2Oh5 V N y O v 531Y153 M31A ALIN3L35 I�`I .W ,OS'l9l ,lt'l9l LB'£ZZ ,00'Bfl — — --------a ----.------ .00'B4l --.00'--- ---------- ------- ,00'Btl �\ u.o.,e�.dwd a.e1.. r- � I 8 e oo �• I PovN=N=ew ,ol s E IC M .OS'19l M.IO,Bf.005 o I °p LrN I - - _ O a r fl0 .99'4R B4,00'B4l ,00' 1 ,00'BYI ,Z6'L4I —.OB ,� AMU M.£9,92.00S O n,uaPe,yL MY MHUD I3L,LIH 'SNZ •se zLL - i ao 9s• LLI I P.;oa1P.P,94 Sfi H9Z J rvh .I2'09 00'LtL I 94'L£l ,00'L2L ,9Y44{ 3- I' u I 9ZO Gb/ I C14 _ 6 9 O © r l W W W I E m �W -- U.9t.0 3.Zl,Bf.00N I � of r I (Q� r LrT7 - ,BZ'f6l to � v O d C 3.ZlA£.00N \+ WM cy; J J ;uawpe3 I C o tl N M O :� .` .,.P.P AW d.d .��,oroo PPv J :..,OW/U xo6 I.0i m °a�oewl.ol I >4'90l ZS'L£l •00•L£I 94'44L41 BS'4£1 �I��11 14� 3„Z{,BfAON o w o f o m MI —.L------ -,60.OL L--- Z I O£'991 3.L£OXON 3.Z1—,Z0.0--— 0N S ss'3 Hd —T— — o m $ ® C9w Nrvtrybl\RNN ONb N^�ONNq^bbbl\^^M M�1 n h;�- ho!nN;�;o�;no�!•)N N!°;°-r!°!•1!y1;�!n;•10^°�:�v V y N � I ���go'O,°dh°�h^OVMNNNMJIV�OVbjONN�h',.�°1 °i� —�c 2 I � s C) mNbb NY�Vgj t"On RO'�l\tl0 V Ob•�l\:.OgRR�logh V c o �m c� O m � O hh Hhh 222HHU{nh222toh2222hut22H22 y o � o a>s N ,LL'£fz p ry g M^I�)o r�w ry ^q^N u1 q b N^q N b b N^In w^ c n 3.Z{,9f.0ON 4 a N N M O a g b q N M�°h b^N b b^ ^ ^^^ = aP x Ooci 0;Onoc N^i°i`d v.�ci y;Uj^.dold�afi Ci.i�d Ord vS d-® .'�. � °h J �C'4, N Oa u1 naF bn°,°.Cl toaqr.�bN�\n0•.bNb Nµ'o vOi ,OS'49l yj 1R\ Yb Nb^O`I'Nq{oq vNMO{oNNhq`°ON^`!b`+^ to � _ ,48'44 ,SY m ® _ Z L� 1y;0;;F^wyvI NU1 MNM'OryNO;N ff, v70r^�pp�^�ppNNO�V h C-O O 44'60Z C� ,4. \ pYb Nl\'O^I\N�^`�N`+O gOOFV 00]Ob OONN^NN p C V II 9F'60Z M„L£,64.00S a 9Av 3IS32I� 1�7 N 'S O r\\ eo 0 1 ��bb�n°�wN> m^uhnM> grobbbq�^q h e c,00•ot Aet91 IZ00 � 3 \ � Zam^M�oo�on�uinnvvj n�NiN¢i o.d°immui .i� o �„ =o' =i \ W �ww^NgNbO�owbN�Nq^Iwww MMw wb�^�v -c i o Wo h•,y\\ S c �.� d o Z I u WO-3 o ®�.P°N-SWIoewl.sl WI- Y : 1" & ao888gg88888poR�00o8o88p8pu888 ••, to � e� o, 00000vioohvi ouovi hhh riviuiuio.iovi a m E' o cE o, .b.--".00 v v--$ObN N�^^^SNwww Nq ryw ` ?d 3 m m i N v a—., o "O'oL .o0'4fz .4L'49z =E a^ SL'B9S M.Lf.64 S __ J^NMv�nbN W q^w^^^^ NNNNNN NNNN X J � UUUUUUUUUUUUUUUUUUUUUUUUUUUUUU �•O a> N m � sl•el9",LVAI2id� 3NV'I W � _ x • e ,� L' - .LF.li,00N - _ - ---------_------------ (3SVAI -------------------------� tId) 'Na'NZ .LQNI7 'S c ro m 4 431LY1dNf1 2�1-W U t p crH O ca W 3i~on i GJ 4 C S A� a � o4 6 I � �I� `map v ro o• 3 E 5 r rA A-N to V 00 d &A cA v1 t/I JJ, I �' o✓v�w�A N�o✓oodo•-v�►a 5 N N S 5 5 5 5 S S 5595 5 5 5 5 5 5 5 S 5 �d00rO i/N�JO�cor�Nc�N� to�or/toV �/ A'✓o O W N A-O A d �/oo A-i/O d d co co \ / OroroO0A-�)�J:--Nr/�, . r✓OA-►.JOV A- A- /� �/ ✓NOOOdVtJ� OooVs� d•�A-Ni/Ot/�tOr-� S-0IOrOrOrOri,J-A-rcA Q rA-rOri�rrJriJi,J A'A-'0'cA 'A.rp (VC?a 0i/co.i/cott/�NN✓VdtOVdA--VON I ✓ r r I % I •/ OF-i Y ✓ Y � � Y A-dAA- A'-A coCAro coN�Ji/✓✓A# r'VNoodN ry ry A:tQ Cl?N d,✓,ry✓•✓,c/!•�A;ry O• rU ry r.? pNpl � n'6000✓, Oc�/��N CArrcJtir.-✓dW CA O iJ �i✓ r r r r " r r r �r r ✓ r r r r r r r r r r LA S d rry cr c A-- r o 00 CA. L �7 rn VA- I � on Cm CDEE 0. co -"w ..0w 3� a �� EE �m RIIV cu N 0 w r r, a d V I CO N 0 4 oc o �e.0�� w«ei?002 4 m I T c N N N(W tyN m CO a 4 r I r 3 d cr (0� N O N V N� �� NN I �' N I �Or✓ ___08 aS�,� 3`«.`e�_oo�n _ —-- ————— o�ASS14+- `\$.aee w.< <e�-oo2 _ _ �`«_e�•oo�n `�e.�,a8 w"«,`e�•oo2_ --_-_--- =-- ___-------- --------- `«.ear `gat« `oo.aZZ w"«,`e�•oo2 N CA d coo omo '�wc rru _ D �m A O.P 4 cs'Oc �4M� ./1 00 O Q• i,J r 0 w Q Q m I 0 s I•7- � r o4m gym, ^ _ O L- d f� r c on c 3 c a06. , 0 N rr rri s I N I O_ N.CIO d) 0.0 • cr V' N �1 00 S v N 0) A-, 4 ONrmn4Nnr=*�mm r" NI r? to r~vcvvr��t3mmm O �I� ••�-4crx mO�QQ Qj I S m r� v SHS~S�mm ® I v S 0= 0 m t*t O m G 2 F'�O�SNp N O O I Q Q m < OpI---Ow ./� I--<� f- I'SQ n >- N I I _i 2 0 0&=:—a A. ti --Oor, M r—w0o m = t O S — —. J ��D 1 > �on o° �ow aV IaaSi qaTTI .2 - x _ m v<Om5>- 5 r"o A- QlV 4 ( S :S •CDS SN 4 W 4 I _o rrlJRCyxrq C/S t eye w��oov�� v� -------- ------ `za.�,S�� w"«`«,•0020 a�,aeawB�.o�o02 C� ✓� ul �• t7o N eOA4 r N I O I N, co o M °' IIro e0 I Iso d I m S Ir 2 s I �► cr rri> p m 0~O 0 N n w 'Q. r � QA051 asIM ZaT .2L 4 N O co � O ci o4a Err+$ Eo� m E ow DN 0r � �O) � f 3 E a, d L' o mom nP� �/I 0 Ur� ~ L w F rr 0 r^ NA C �N r � y I - L► 9 II � r�o 0o° �o I o 23�° 7 :�d a d d c o c c c 0 `.v P ,off ✓ N ✓o ro N O -i Q �D CA c• (J n o N or r d o Cal ° o o m o� o o ry � � �i/� O P�`�`��� ��/;'� i✓N;� Am A � �Noo D AOA O O N O r •G (p N O d�� � CT m G O • N N N 'G e5d- pol �� N L'fijr ✓ A*o4 o F s Lr 4-1-- 0 0 (v 1") N 5; -lc� 0 P- cr r1i cr cr(ill�S f--- sr�'rr SI^'N�. G �''N�NS,G., ;G'r r� icm Zp N 0 d? 0 0 6; 0 W 0 0 0 0 A� 00 0(0�A A (0 0 L)O 00 0 0 0 0 L N p O p 0Ey Q�NS rN�rS, ,C�p C 6) d) 6)00 bO d) 0 f-- r, e C,) 0 A Ob 10 L/ (0 0 cp 0) 10 C c Lfj� (W p)-t- 2 N- N 0 rTl .0 LP 0 �O LA�l o*r- r,-' ol o rri -c, -2, mp eo�-- q .�r I- 0 d' C,V, A--A-- r d) r- 0 tr 0 0-C N d) d) d) 6) CA A-- (,M-- (0 cr rO (�X) A--0 0 V V "A (,A�A C cr- d) 0 "A*(,A'A- N 0) - e' 0 �L)�A- 0 r-a 0 �--N ril i.,, :g N -�3�)�) 5- +- - �,5 N 5 - �j cr 0 0 _0 P, v v 00 bo 0 cir- r-1 iirii 0 co C) .7- 0 0 5 r1l d) d) Irl - co 4 0)0. ryl /d) CO A,- N A,- d)0 p.0 �; - 0 E�N'd (,j 0 Q 00 CO :e do) A ro A- coCC (a .6 A�- CA CA rti �j C) L �;5 A 0) �91 I 0 A-- d) A,- A-- A--A-- (0 eo(0 A-- ci d) 0 eO 0 00 Or? d' CA M?06 rt)(6 �r_l--r, r-00 50 0 rr, -4� 0 0 e-00 0 d7 N av on O A 0 00 50 0 0 0 0 r�u c 0 q, 0 o A, A 6 i;"rill cr Lg A-- V 0 d)-'C 0 ril 0 CA 0 V' 0 A,-0 0 d7 A�- 0 d) ✓ EA ro 6) 0 0 C 0 0 r-1 -0 d) A-- -r� r S� / S rl 0)6) �r- 4- d) 6)N a) f<;-i i-r-1 0 0 rl A-- r-o �j c cA A-' d) A� - 67 rt) i::)0 cr o- 5 v k 5 ;� � �; CA r M 0 A- 0 .,l 0 LV�J 7-LI' -�6) 0 0��J cr-_ 0 K - -r- -�-�--ci 0 0 0, • 6)A, v 6) r d) 0 0. 0; d) r, 6) d) d) d) 0) r 1�l et d) Jr-- ri- I ell, co 4-0 0 0 c d) —500 V. �;v N �:(1 0 -C.-v 4 -C 0 p 0 rf-1 a d) bo 41 0 N * d) 6) 0 00�l N, -9 60 A cA 0 6) L�r d) ro rj co :e lt� +^`e -1c: 0 0 d) -C d) M 0 Gr &A 0-0 C) 6) co 0 lt� (p"Ll) co c, 0 C):e c)A�- ✓ 0 s 5- 0 �N—0 �5 6) 7, �O d) C: cu 00 50> d;) ') '0 cc 10 e c 0 ✓00 0 0 0 0 0 0 0 C -r- 0 n 'P 0 C 6) CO '(l 7, 6) 0 'ril d) Cf L 0 C 0• d) rj 0 0 �A N , 6)0 0:0 d) d 0 0 0:�O 6) A.-_cl)rO 0*0 0 d) (,6)er' 0 00 0 �SDrnN� N r" or rrior a) d' C: eo rO d) A' d) 0(0✓ (0 1/0 Goo 16 0 C: 0 d) cr 0 d) 0 cr C -t-0 0 0 r ,o 0 r 0 o .o c ro 0 ­r" a�) :,J� -t:�a 0 c 0 C r, ,�A ro 10/)( V) 0) L-r 5)�r, 6A-C c :5 0 0. c 0 C �--- A +- c 4^ 6) 0'd 0) 0 A-rO C 0�j eo 3; (0 �A r, 0) 0'd 0) d) 5���N���p F11 el- 0 -) -rr v 0 0) A- C) of,- W'r 0 0 0 -r- 0 V ,.-0 CO rpr -1 N ee-0) :5 V-� •- .r-e#'- .1 -t- CO Z UN S7 El�W- CO -ic o d) 6) co 0 c C) N d' 'd'9,+- co , a �c 0 0 5-"�i o v ro N -C _0 e� 0 67 C ro (0 19 0 'r-' 0)0 V d) M r 1A, :e.0 Pk '�::'�:: �A v N Go 0 0 0:5- -3 -+� 0 5::c�2---i CGS N e-A �11 0 - 0 0 C d) 0 L d? 0 5� cr 0 :1 9 5 9 5 cr 0, 00 0rn ;O� cl� o C 0 0 �f- w el--0 5- - do) 6) 0:F- 00�j 00 rt) 0 :50 0 C O 6) • ri-1 C) 60 zc -3F c - -9 rr-1�j 6 5-,/01-6) ',(11 0)0 0 ril A A� rt) �j CO(0 6) CP K �j J, r 0 5r -+' 0 A V (,A 0 a(0 'C +- A A,--t-� .1 04 A V ' �-'-#-N 0 ;0 0 0�j 0 o bocu I (_A �j 0 CiArl,0 A� 0:-_� p-, 6). �11�--5;.--I�,pd0 p rl)d O� 0 0 d)C- - rlS k-N N .r C e5 0 -t--�J ro 0 C) C�j �A cr- 0 6) C L/ - d r-G, 0 (0 o c �c: 0�>- 0�2c cr -- 0 A- 0 N dl 6)co `'CO CO e� 0 z 0 0 rl -r- q �; 0 0 e5 0 . c 1 0 r 1.'0 0 0 0�e 4"% 0 ru co 5 N 0 e (0 V. 6) 0 1� d)-t- -' 'I- -C ri�--0�, r 1 �A Z d) 0 rL) 0-A�er, 0 d) d)et- 0 -,r- ro�e r C, A co al 0�, 0(�r Co 0 C%) 6) (p CO 4- 6) rl 0 0 0 a-+-, -CO, cli C: 6) ci -C 0 6) 6) -�l 2 - rrl C) 0 C e I/ �::�-- 0 c 15 ef 4- 0 0 �)- - 0 0 4- +- �+- C) i;-A-r�q LT) �,)�5 0 N Ll- 00 -0 C', (D r-,:P --., 0 6) 6) 0 v --15 6) C 6) 0 rr-1 r-1 rri 5 6) 0 0 0 , r., c N r CO 0 6)A-- CO 0 r_ 6) 6) 0 r -r- ;;.I > co or c ci GA 0 0 0�0 N 0 0 0 c 0 0 0 N,-5 0 () o 0�O 0 6) 0 0 d) 0 c 6)ro 6) ,70 6) 6) c dOrNOd Z 'd°.p� 0 r C) e� 6) C 0 (,a (0 :50 -+,V -+-- d-- A 0 .,p 0(0 4) d) 0 r, 0).--v L-0 0 t- 0 0 o 6mN er, C: 0 0 co 0 0 er- 0 0 0 5 -6 0 :2�� 0 'd i-- 0 c 5 ef" 0 6)A, 0 C)) 0 0 0 0 0 0 CIP Id()-Id 0 5 0 5 rp,cr-fl-I 0 p N rn��y O 0 0 OZ, 0 t:� 5 O � cr rr 5 r !�-F-- �)- bq 5 cv, N -0 rn ,-- s r 1 0 r�r --;� (Q) F001A WOW GO N z Poo 0.14 -1 ro g- C) cr ;;rl K-- �r_ 05) POI A.vo4 POOJ -.Vd Or-�-- 5 0 rTl cr-N ar r- a rA ;OO A � rrl �ls-S%�r_ C/1 0 rr, (0), )I 0 z o 5 0-- rr rri r 1 X 0 CON 0 r r S l j 0 0 0. 5**A (,A 0 N �11 0 00 (0, S9 Ell- --I Lp AM C* , a *01 <c C) .: P. 1 0% - w :0 7= F- w 7:z Ed OF' �r-Id— 0 44 --1 rr m:z 0 n- ft..* -:, Aoo4 (A Ir 00- '00, Vr D O VrD-;t LC� NI. • Oo4eo A0 � d � A44 �l ;Oo4 o (A FO r 50o4 NV o P004 �rN pooA OP 0000 A004 Ga •Y o o 0) -E 0 r). A004 100 0 O 00, tjA A44 c� 40 Ile o oe�y n c� .?��: � rnrn �'sO r ~ �- �o N N Fol rr- ril r rOo rnry 5� G o ��j cr �N O so s7 ° s�o�oo 00 Lr Q �S n ob<cr y ��oll O F,A 0,n�a� y1 e-A o�rSs ✓ � ►, 1 � y O F#*A py rN FoAd OFvo4 000 •s rGr_::��o� S "r s�sr< r r�Tl���� 4, ° n O N�N�O ryn , Poo Sr0 O� a. �oon�!�� s .o4 + rn y rn s rn rn O �} OS QO rvrSn�NsO R ro �WN D , S oNer rrO�snn Poo40 6. 0 r-ri 0 APoAO 500*4 � O-- 00, - - :4 0::N �d ,o O�rbsO�O aD CIZ s o � O sao� n r�'� C1 �syNo N o N ��'N�rn°r �rn� N y �� Eo� ril A4 ✓) tjA �y� rn r U Osr r bA 4 L" eoAN V N �pA O� O � OrnC�,�� A s O� o� rr!rrNS y� r p rn ;AA rod o' No d'+ 'f �oon�O Pod O " A*04 .�� rr N 10 �SN�rr ;erri O A4V � r1in d � o 0 r r N �r O S� Lr7 Or fl A � � s t � �• ' Or9� N�p�Os �r �' O � p O SONS`? ri- �5rrr- O sO�; .. 0:) Fs r N rfJ Lt°N O O `� ��� Q rnr� SS�jt:5 ri-0 Ooo Q?a°O 5 N NON CT- N5Snp5 N r%� N sr� o rn ✓ �7-- � K ._ D rny� ro J rn rpN sN Nr0 �, Eli Ny� O L Q'r 5 LL °S 5(/--�1 (V Z`+ 1 `J rn��� S O I��7nQ'� Dorn p0 SO n 0 rr dr SO . �16. ems. ;I_N a �.�C, O SSN7"rny 7� z a o 1 n fro sz �rnn�� N L100 • � �O O1 O ° S rnN�Oss Q cn .� � T � � � � �°• ,,�1 �� Iv U'• NSA �y�rrnN�' s �' p � m 0D porn M r�(1ss� ���, ��� c� �' �o �r E �N,, go s�S �a� OAS C� ;001r�r c�r0 N cr rn�rr ,�Nr r'SNO�� • (j p O �-A ENO O rn N rr �.+� acO� d • e-A 'd z� Cie AL _nr Orn O O o �SrrS�O S CA rn • rn0.0 O t=' r0rn a rNn a S O Sr �� v �' •'4 N � r � �i •► N 0 !� EXHIBIT C APPROXIMATE LOCATION OF THE BITTERCREEK MEADOWS SEWER SYSTEM o, DMA Z D O Z O2 r OOZ m N \ \ I \ , I � I I N 2' 65,.9a D 165t.]5 I izsae.99•si wCI9) o Z _SCIAVELAVE.tie�— - I - 0 o � zssz.sz I O2-1 v8gb Ii '.7 �\ aNm sg Y m O 265- zcsz.sa I I I I+. gm Aix ��> - / owE-Fz s2 x\N mmam a iT =,a «a 2651,7 99 F7 $ zssa as zss�.]s Ekcw„ tt7t .11.19 All, 3 ms aME sm — o� vs z �= Fmm §mN29 P'FP m y { Uag asy�o a^agoo� gt sg? A -WRIE fa - 8;og o Q %;i „ wa F REVISIONS 5 = em GRAN PRADO SUDIVISION NO.4 �h 5 n o i=m=- KUNA,ID a.a= A 3emom SEWER IMPROVEMENT PLANS a9az _ - W PISCINA DR.PLAN AND PROFILE PggHa ------------ 6J6., 9 Ln o n D (s) - 0 6"(fl) qto { m 2—22rn 1 yo 26,E s6 � I 6w6. D „ zsa,,a = 9 1 A A g 0 mom gN i o� R6.,6Jrn ,� 0 I � � 26a222 � "(E) 5.GflAND PflADO Pv[. q i� 0 w pw ev e w i� 1111 � O Ov�A wiEl g'a 2-7 sm 33 $ m 4 26a ze rry our. a•(w) ♦ t V<a 44, I m J g gj=� I�n� � OVg� � ✓• a I 2676 T. 0I i M Pi Q Q o= I 68 I1} i g 5a a�v^, N =F =A e !R°� ^'EAU F�i�� ^n�f � ' p4 N F � m o mm8 =a C5n »m g� a x g R o r _ "$ mA ;� I ps REVISIONS GRAN PRADO NO.5 SUBDIVISION KUNA,IDAHO SEWER IMPROVEMENT PLANS W.PISCINA DR.SEWER PLAN AND PROFILE W IDIAN� AGENDA ITEM ITEM TOPIC: Proposed updates to Title 4, Chapter 1, Meridian City Code per Idaho Code section 50-344(2) Mayor Robert E. Simison City Council Members: E IDIAN Luke , r President � � Liz Strailerrader,Vice President Brian Whitlock 1 U A 1"1 U Doug Taylor John Overton Anne Little Roberts MEMORANDUM DATE: June 30, 2025 TO: Mayor Simison Meridian City Council FROM: Emily Kane, Deputy City Attorney RE: Overview of proposed updates to Title 4, Chapter 1, Meridian City Code This memorandum is provided to update you on proposed changes to Title 4, Chapter 1, Meridian City Code that are necessitated by a new provision of Idaho Code. This spring, the Idaho legislature passed a bill (Senate Bill 1073, attached), which allows a citizen to contract"with a solid waste collection provider of the person's choosing" for "temporary and project-specific" waste hauling, even where the citizen lives in a city has a franchise agreement that grants a franchisee exclusivity in providing this service. Meridian's franchise agreement with Republic Services does grant this exclusivity, and Meridian City Code does require citizens to use Republic Services for temporary hauling (with some exceptions). Under the new Idaho Code provision, however, the City will no longer be able to enforce this franchise agreement provision or the City Code requirement. The updates in the proposed draft ordinance (also attached) will amend the provisions of Meridian City Code that conflict with this legislation. Specifically, the proposed City Code updates: • Add a definition of"temporary project," as directed by the new Idaho Code; • Change the requirement that all temporary accounts must be with the City's franchisee; • Establish minimal standards/limits for temporary haulers to protect public health and safety; and • Clarify which services are provided by franchisee and which may be provided by temporary haulers. The Solid Waste Advisory Commission reviewed these proposed updates at their meeting on June 25, 2025 and expressed no concerns. The new Idaho Code section 50-344(2) went into effect on July 1, 2025. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE SENATE SENATE BILL NO. 1073, As Amended in the House BY LOCAL GOVERNMENT AND TAXATION COMMITTEE I AN ACT 2 RELATING TO MUNICIPAL CORPORATIONS; AMENDING SECTION 50-344, IDAHO CODE, TO 3 REVISE PROVISIONS REGARDING SOLID WASTE COLLECTION SYSTEMS IN CITIES; 4 AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 50-344, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 50-344 . SOLID WASTE DISPOSAL. (1) Cities shall have the power to main- s tain and operate solid waste collection systems. Such maintenance and oper- 10 ation may, by exclusive or nonexclusive means, be performed by: » (a) Employees, facilities, equipment and supplies engaged o: acquired 12 by cities; 13 (b) Contracts, franchises or otherwise providing maintenance and oper- a ation performed by private persons; 15 (c) Contracts providing for maintenance and operation performed by an- 16 other unit of government; 17 (d) Contracts, franchises or otherwise for maintenance and operation i8 that may provide solid waste collection for all o: geographic parts of a 1s city; 20 (e) Any combination of paragraphs (a) , (b) , (c) , and (d) of this 21 subsection. 22 (2) Notwithstanding any city contractor f ranch Ise for solid waste col- 23 lection to the contrary, any person may contract with a solid waste collec- 24 tion provider of the nerson's choosing for the use of solid waste collection 25 containers that are temporary and project-specific, as defined by city ordi- 26 nance. 27 T24- (3) Upon a finding by the mayor or city manager for public safety or 28 necessary protection of public health and welfare and property, the provi- 29 sions of chapter 28, title 67, Idaho Code, shall not apply to solid waste col- 30 lection, as provided herein. 31 {3* (44) Before entering into such contracts, franchises or otherwise, a 32 city may require such security for the performance thereof as it deems appro- 33 priate or may waive such undertaking. 34 SECTION 2. An emergency existing therefor, which emergency is hereby,- 35 declared to exist, this act shall be in full force and effect on and after 36 July 1, 2025. DRAFT • 6/23/2025 4-1-3. Definitions. Ada County Highway District(ACHD) means the Ada County highway district, a countywide highway district of Ada County, Idaho,duly formed and existing under chapter 14 of title 40, Idaho Code. Bulky waste means waste materials intended for landfill disposal, except for major appliances;with sizes, weights or volumes greater than those allowed for wheeled carts and containers,such as water tanks and furniture. Bulky waste does not include construction debris, dead animals, hazardous materials,or animal stable matter. City means the City of Meridian, Idaho. Commercial premises means business, industrial and institutional premises and activities, including, but not limited to,construction sites,governmental agencies,and schools. Commercial recycler means a person or business that:a)collects, hauls,transports,and/or disposes of source separated recyclable materials from commercial premises located within Meridian City Limits for the sole purpose of recycling;and b) does not collect, haul,transport,and/or dispose of solid waste.This term shall include any employee or other person acting on behalf of the commercial recycler. Commingled recyclable material(s)(also known as single stream or single sort or fully commingled recyclable materials) means materials including, but not limited to, paper,fibers, plastics, and metals,which are separated from solid waste at the point of generation by the generator thereof but which are otherwise treated as a single mixture of materials for the purpose of being recycled. Container means a large capacity receptacle designed for the collection of solid waste or recyclable materials that are created or accumulated at commercial or multi-family premises with four(4)or more units, including front loading containers, rear loading containers,and roll-off containers;also known colloquially as a dumpster. Customer means an occupant or owner of any premises, including residential, multifamily,commercial or other establishment in the city for which solid waste service is,or has been, provided. Franchisee means any person authorized by the City of Meridian,or employed by the City of Meridian to collect, handle,transport and dispose of solid waste and/or recyclable materials and who has executed a franchise agreement with the City of Meridian. Fully automated solid waste collection system means a system for the collection of solid waste and recyclable materials from residential and multifamily premises of four(4)or fewer units which:a)allows a customer to prepare for collection only the amount of solid waste or recyclable materials that fits within franchise owned and supplied wheeled cart(s) provided to such customer;and b) under which the franchisee collects solid waste and recyclable materials contained within the wheeled cart(s) by means of trucks equipped with an automated hydraulic lifting mechanism. Household solid waste means solid waste generated as a result of residential activities, including packaging materials,food scraps, paper,yard waste,and discarded household items. Hazardous materials or wastes means any chemical,compound, mixture,substance or article which is designated as hazardous by the United States Environmental Protection Agency or appropriate state agency. Infectious waste means human and animal biological waste, including blood, body fluids,feces, and/or objects and materials contaminated with same, including that generated by medical,surgical,dental,and veterinary offices,clinics, hospitals, and laboratories. Multifamily premises means residential premises with two(2)or more dwelling units including, but not limited to, multiplex dwellings,apartments,condominiums, mobile home and manufactured housing communities, clusters of single-family residences,and duplexes. Multifamily premises shall not include dwelling hotels, motels, hospitals, nursing homes,or other congregate housing,care,or institutional facilities. Page 1 DRAFT • 6/23/2025 Occupant means the person in possession,charge or in control of any unit in multifamily premises, residential premises,commercial premises or other premises where solid waste is created or accumulated. Overloading means exceeding the wheeled cart or container weight capacity or volume allowance, allowing objects to protrude outside of a wheeled cart or a container,or stacking solid waste or recyclable materials outside of a wheeled cart or container. Owner means the person owning the real property where solid waste or recyclable materials are created or accumulated. Person means any person,firm, partnership,association, institution, limited liability company,corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private,and in the plural as well as singular. Prohibited waste means and shall include any waste that has any of the following general characteristics: extreme temperature; harmful vapors;the presence of corrosive,flammable,explosive,or toxic chemicals;any physical or other properties that render collection operations hazardous or create a risk to the environment or public health and safety. Prohibited waste shall include, but shall not be limited to: liquid wastes, both bulk and contained;tires; hazardous waste; refrigerants and any equipment or machines containing refrigerants. Putrescible waste means waste that can decay and stink or become putrid. Recyclable materials means waste designated by the city and/or its franchisee as that which may be recycled, including, but not limited to, paper,cardboard, plastics, and metal. Residential premises means a separate dwelling or residential unit in the city occupied by a person or group of persons which may be a single-family residence or multifamily premises. Each separate dwelling unit shall be considered a separate residence for solid waste service and billing purposes. Solid waste means all materials discarded for disposal, including, but not limited to: putrescible and nonputrescible solid and semisolid waste,garbage,trash, rubbish, demolition and construction waste, industrial waste,vegetable solid and semisolid waste, dead animal remains in amounts not to exceed twenty five(25) pounds, reusable or recyclable materials, bulky waste, and other discarded matter. Source separated recyclable material(s) means material(s)separated from solid waste and set into separate discrete material type containers at the point of generation by the generator thereof for the purpose of being recycled and which are handled separately throughout the collection process. Temporary project means an activity, ninety(90) days or less in duration,that generates solid waste and that necessitates a container for collection and removal of such waste or materials. Vector means an organism that can transmit disease. Wheeled cart means a wheeled receptacle designed for the automated collection of solid waste or recyclable materials,thirty-five(35)to ninety-five(95)gallons in volume. Yard waste means plant material such as leaves,grass, branches, brush,flowers,tree wood waste,and debris commonly thrown away in the course of maintaining yards and gardens,and other particular biodegradable waste including Christmas trees. 4-1-4. Compulsory use required. All residential owners and/or occupants; all commercial owners and/or occupants; and all persons undertaking, providing,or allowing the provision of construction contractor or landscaper services;within the City of Meridian;shall pay for,and shall be provided,solid waste and recyclable materials collection services by the franchisee, except as otherwise provided in this chapter for temporary projects.Such services shall be provided in the manner and by the means as may be established or adepted by City Council and/or by the franchisee pursuan-t te authority vested therein by ordinance, resolution,and/ by the written franchise agreement and all applicable City ordinances and resolutions. Page 2 DRAFT • 6/23/2025 4-1-8. Collection of solid waste and recyclable materials. A. Collection at all premises.The following provisions shall apply to all customers and premises within the City of Meridian: 1. Containers and wheeled carts.All solid waste and recyclable materials must be deposited in franchisee owned and supplied containers or wheeled carts for collection except for special collection services, temporary project service,or the use of customer owned compactor containers on commercial or residential multifamily premises. 2. Liquids.All solid waste shall, before deposit in containers or wheeled carts, be free of any liquids. 3. Containers and wheeled carts to be kept clean.All customers shall maintain franchisee owned and supplied containers and wheeled carts in a clean condition,with the inside and outside thereof free and clean of soil,grease,odor,and/or decomposing material. 4. Services to premises on nonpublic rights-of-way. Franchisee shall provide service only to premises adjacent to public rights of way, unless otherwise authorized by the customer on a private or nonpublic right-of-way.The franchisee may provide collection services to premises on a private or nonpublic right of way where the customer has provided written indemnification of the city and the franchisee for any road or other damage or injury to persons or property incurred while in the course and scope of franchisee's provision of solid waste and recyclable materials collection services. 5. Notice of noncollection. When the franchisee encounters prohibited or improperly prepared solid waste and/or recyclable materials,the franchisee shall collect any properly prepared materials and leave the improperly prepared materials,with a written notice affixed thereto.Such written notice shall include the date,time, and service address,with a brief description of the reason for noncollection.The franchisee shall keep a copy of the notice for thirty(30) days,and shall supply a copy of such notice upon request. 6. Temporary proiect service. Pursuant to Idaho Code section 50-344, any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers and collection services for a temporary project,as such term is defined in this chapter. The following shall apply to temporary project service: a. The owner of a property on which a temporary project is occurring shall be presumed to be responsible for carrying on or allowing the carrying on of temporary project service. b. The owner of a property on which a temporary project is occurring shall carry on or allow the carrying on of such temporary project for no longer than ninety(90)days. If a project or undertaking is of a duration longer than ninety(90)days,the owner shall utilize,or require the person carrying on the temporary project to utilize,solid waste collection services provided by franchisee. c. One(1)temporary project may occur per property per calendar year. d. No person shall use a temporary project container to contain household solid waste, prohibited waste,or putrescible waste. e. No person shall place solid waste not generated by the temporary project in a temporary project container. f. All temporary project containers shall have clearly readable identification,on at least two sides, using font at least two inches(2") in height,with the company name and an active phone number at which the entity providing the container and/or collection services may be reached. g. Entities providing solid waste collection services for temporary projects shall collect temporary project waste at least once every thirty(30)days, unless greater frequency is appropriate, in the City's discretion,considering protection of the environment and public health and safety. Page 3 DRAFT • 6/23/2025 (1) All containers shall be placed on a firm, level surface pad of concrete or asphalt at least three(3) inches thick,at least twelve(12)feet wide by ten (10)feet deep for solid waste collection. (2) All gates shall be constructed to rest in an open position to avoid swinging shut during collection. (3) The collection space shall allow collection vehicles to turn in a forty-five-foot radius and back up a distance of at least fifty(50)feet. (4) The space shall allow at least fourteen (14)feet vertical clearance at all access points, twelve(12)feet width drive clearance,and at least twenty(20)feet vertical clearance in front of the container. 4. On call service. Franchisee shall provide on-call service as requested by a customer for projects over ninety(90)days in duration,or as otherwise needed. Franchisee shall provide on-call service within two working days of a customer request,and shall collect wet or putrescible wastes at least every thirty 30 days. 4-1-10.-Prohibitions. G.Solid waste collection. It shall be unlawful for any person to engage in the business of collecting,transporting, hauling,or conveying any solid waste or recyclable materials over the streets or alleys of Meridian,or to cause or employ any person to do the same, unless and until such person has a franchise, license,or contract with the City of Meridian, except that: 1. The owner or occupant of a residence where solid waste is generated may collect,convey and dispose of such solid waste without a franchise, license,or contract with the city,so long as the receptacle used for such purpose is neither a franchisee owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception,the full base fee shall apply. 2. A civic,community, benevolent,or charitable nonprofit organization may collect,convey,and/or market recyclable materials for recycling,for the purpose of raising funds for that organization without a franchise, license,or contract with the city,so long as the receptacle used for such purpose is neither a franchisee owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception,the full base fee shall apply. 3. A construction contractor or landscaper who produces incidental volumes of solid waste in the course of construction,demolition,or landscaping may collect,convey,and dispose of such solid waste from the premises upon which it was generated without a franchise, license,or contract with the city,so long as the receptacle used for such purpose is neither a franchisee owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception,the full base fee shall apply. 4. Subject to this chapter,any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers and collection services for a temporary project. Page 5 DRAFT • 6/23/2025 h. Wheeled carts shall not be used as temporary project containers. B. Collection at commercial premises.The following provisions shall apply to all commercial customers and premises within the City of Meridian: 1. Frequency of service. Franchisee shall provide commercial service every day except Sunday, commencing at 4:00 a.m. Public and private schools shall be serviced between 4:00 a.m. and 7:00 a.m. Franchisee shall collect solid waste and recyclable materials from commercial premises an one of the at least once weekly. b. On--GUS-P.rviee. Franchisee may celleEt salad waste and reeyelable FnateFi*within the Re)Et condition of initiating,centinuing, or restering en call service.On call customers not generating wet or PUtFeseilale wastes shall receive cellectien services at least once per month, unless the city d-etermines anetheF muni....... .-vice interval us appropriate,considering protection of the environment and public health and safety-. PFeVided no longer than ene hundred twenty(120)days. Use ef tem. ;hall net waste and recyclable materials not generated by the short term project shall net be placed in a with a three yard eentaineF due te inadequate space eF etheF sate FeStFiGtiens.The eity Utility eelleetaen seFViees at least enee peF MeAth, unless the city determines anOtheF FniAi 2. Types of container.The franchisee shall collect solid waste and recyclable materials from commercial premises in one(1)of the following types of container, per arrangement with the customer: a. Containers. Commercial premises solid waste service may be provided with franchisee owned and supplied containers in the size requested by the customer,subject to approval by the franchisee. b. Compactor service.The franchisee may provide collection services to commercial premises utilizing a compactor container where the customer has provided written indemnification of the city and the franchisee for any road or other damage or injury to persons or property incurred while in the course and scope of franchisee's provision of solid waste and recyclable materials collection services,and shall contact the franchisee to confirm that the compactor container and location are compatible with collection vehicles and equipment. 3. Container placement standards. a. All commercial property owners shall screen commercial solid waste collection equipment from public streets.All such barriers shall comply with all applicable city ordinances, requirements and/or standards. No commercial collection location shall be on a public right of way or impede pedestrian traffic unless an appropriate variance is granted by the roadway authority. b. As to any newly constructed or remodeled commercial premises,customers shall ensure that the collection site complies with the following standards: Page 4 TEMPORARY Meridian City Council • July 15, 2025 UPDATECITY CODE HAULER New Legislation:ordinance.specific, as defined by city -temporary and projectsolid waste collection containers that are provider of the person’s choosing for the use of person may contract with a solid waste collection for solid waste collection to the contrary, any Notwithstanding any city contract or franchise (2)•collection for all or geographic parts of a city\[.\]and operation that may provide solid waste Contracts, franchises or otherwise for maintenance nonexclusive means, be performed by . . . maintenance and operation may, by exclusive or operate solid waste collection systems. Such (1) Cities shall have the power to maintain and •344:-50§Idaho Code •Effective 7/1/2025 What will not available from the franchisee. container, nor identical in volume/design to a container receptacle is neither a franchisee owned wheeled cart or franchise agreement with the city, so long as the premises upon which it was generated without a convey, and dispose of such solid waste from the construction, demolition, or landscaping may collect, incidental volumes of solid waste in the course of 3. A construction contractor or landscaper who produces •Meridian, except that:the streets of Meridian without franchise with the City of conveying any solid waste or recyclable materials over business of collecting, transporting, hauling, or It shall be unlawful for any person to engage in the •10(G): -1-4§Meridian City Code •exceptionlandscap ing change: What will not and address Councilfranchisee must have opportunity to provide input to Title 4, Chapter 1, Meridian City Code, Section 8: City must notify franchisee of changes provisions may changeapplicable provisions of City Code, acknowledges Section 5: Franchisee agrees to comply with provided in Title 4, Chapter 1, Meridian City Codeas collection, hauling, and disposal of solid waste City grants exclusive franchise for Section 4: 1/18/2000 Franchise Agreement: •agreement with Franchise change: Proposed update of such waste.necessitates a container for collection and removal in duration, that generates solid waste and that means an activity, 90 days or less Temporary project•3:-1-4§•tempor ary projectAdd definition of per new statute: Proposed update collection containers and collection services for a person’s choosing for the use of solid waste with a solid waste collection provider of the Subject to this chapter, any person may contract •10(G)(4):-1-4§•.except as otherwise provided in this chapterby the franchisee, materials collection services and shall be provided, solid waste and recyclable services; within the City of Meridian; shall pay for, provision of construction contractor or landscaper persons undertaking, providing, or allowing the commercial owners and/or occupants; and all All residential owners and/or occupants; all •4:-1-4§•exceptionsaccommodate use provision to Update compulsory per new statute: Proposed update containers.No wheeled carts as temporary project waste •and safety. appropriate to protect the environment or public health days, unless waste is putrescible or greater frequency is Temporary project hauler shall collect at least every 30 •name and phone number. Temporary project container shall identify provider’s •waste.no household solid waste or prohibited –waste only Temporary project container may not be used for project •One temporary project per property per calendar year. •franchisee.use solid waste collection services provided by than 90 days. If a project lasts longer than 90 days, must Temporary project container may be used for no longer •8(A)(6):-1-4§•health and safetyto protect public temporary haulers standards for Establish minimal per new statute: Proposed update request.call service within two working days of a customer -as otherwise needed. Franchisee shall provide onrequested for projects over 90 days in duration, or call service as -Franchisee shall provide on•8(B)(4):-1-4§•longer than 90 days) service by franchisee Clarifies “on call” per new statute: Review process:Other Treasure Valley cities/agencies•Republic Services•Solid Waste Advisory Commission•Utility Billing–Finance •Code Enforcement–MPD • Next steps:with other haulers for temporary projectstemporary project accounts; joins marketplace Republic Services administers its own •franchise agreement)call and regular services per -to administer onaccounts with Republic Services (will continue MUBS sunsets existing temporary project •adoptionLegal prepares ordinance for City Council • E IDIAN�- )AH AGENDA ITEM Department Reports 2025 MAYOR AND CITY WAGE ADJUSTMENTS COMMITTEECOUNCIL COMPENSATON Compensation Committee Members Steve Cory•Jo Greer•David Ballard•Clint Shiflet•Jessica Perreault•Brad Hoaglun• Market Data$97,784.00 annuallyPocatello: $89,606.00 annuallyNampa:Idaho Falls: $97,552.00 annuallyCaldwell: $38,400.00 annuallyCoeur d’ Alene: Boise: Meridian: Mayor Salary Data:June 2025 Other Agency Salary DataMayor and Council Compensation Market Data$14,940.00 annuallyPocatello: $10,930.00 annuallyNampa: $15,330.00 annuallyIdaho Falls: $11,726.00 annuallyCaldwell: $15,000.00 annuallyCoeur d’ Alene: $28,609.00 annuallyBoise: $17,335.00 (Council Members)$19,069.00 (Council President)Meridian: City Council Salary Data:June 2025Other Agency Salary DataMayor and Council Compensation Committee Discussion Committee evaluated current salaries of similar cities and current Director team•Committee evaluated current data and history since 2000•2024 and 2025 Mayor increase was approved•City Council increase was declined. Last Council increase was in 2023.•and 20252023 Committee recommended increases for both Mayor and City Council for 2024 •Committee reviewed 2023 recommendations by the prior Committee•going annual increase methodology-Committee evaluated and discussed on•Desire to maintain competitive compensation into the future• Committee Recommendations: If needed, adjust base salary in future years to address those factors.•market, and growth.market check each election cycle to ensure salaries stay current with the duties, Maintain Mayor and City Council Compensation Committee structure to do a •increase for general employees in the subsequent budget years. Implement an annual increase for 2028 and beyond equal to the same percentage •Mayor Salary for 2027 would increase from $142,887 to $146,387•Mayor Salary for 2026 would increase from $139,387 to $142,887 •Increase Mayor compensation by $3500 for 2026 and an additional $3500 for 2027•Mayor Compensation Committee Recommendations: If needed, adjust base salary in future years to address those factors.•market, and growth.market check each election cycle to ensure salaries stay current with the duties, Maintain Mayor and City Council Compensation Committee structure to do a •increase for general employees in the subsequent budget years. Implement an annual increase for 2028 and beyond equal to the same percentage •At minimum, increase the Council compensation by $500 to remain competitive•Council Salary for 2027 would increase from $18,835 to $20,335.•Council Salary for 2026 would increase from $17,335 to $18,835.•2027. Keep the 10% additional compensation for the Council President in place Increase Council compensation by $1500 for 2026 and an additional $1500 for •City Council Compensation Questions? 9 ollz e e e e e e g -.g g g g g g g n in tn in in w Cs 0 m m m m N N t, R R 0 t� Q m 0 Q 0 N t- U3 w m b j m n m tn ow eq N m cn m Al m tn tn g If, g - g e g c, g -g g g g off. geR n g g 01 tn tn 6 c to ui to (A oi O 6 tb M in Ci (,I C; tr; CS m On c.� P, (n co n 8 c3 cn U� -1 C., in 00 m , co toip w (n .o m O (n 0% to to q 11 m C) 40 C) 0 0 q 'D tri in m in in 6 6 fg ty; t6 46 k6 CF� w4 Or� c*i u-) u) to to (D u:) 0% m 0 14 m m O t-4 " v4 to In to An tn V) tA 4A to tn in to in tA An (A in to IA AA try tA (A t4 V) tA un, an kD w M w 0 Cep pip n 0 (1 �4 tG to u) Iq v) Iq ec� to ko tYy N tn to N QO m w to to 0 ri 4 4 4 .4 .4 to (n u tr k6 kd k6 k6 kt1 k6 0 to AA to in AA iA th in in tn -,A 4 N 10 m 0 to N m 0 t-I 14 14 14 4 �l -1 q �l c%j r4 N N N N N 14 N N N N N N (11 c4 N N N N N r-j N N N N N fq "C3 "C3 "a -0 "D 'D -0 'D 70 'D "D -0 70 -0 'D 'D -IM W w w - - - - - - - - - - - - c c c c c c N w w w w w w w w w w w 0 0 0 0 0 0 >Zj r z z r uo ., w w 4, 0- 0 w 0 "' 0 Q?: u u u w 'a 'D 'D "D _0 "D "0 "0 'D 'a 'D _0 _0 _0 "0 Cn in (n in Ln in C) 0 8 (y) 8 8 fn r, P, c4 " r4 0 0 m u�, -10 ko ljo ID cn 4n cn cn.- c) oi 0 4--; c3 C) o 6 en, c$ 'D kd 6 co 0$ C6 m in to tn tn tn to to tn to kO to to to to oo co 14 G to u. g -g e g, g -g g g g- -g g -g g, -g g g g -g fn 0 c" C3 0 . �o to c-3 2 8 . 0 0 0 C, M to C) 0 0 C:) tn c�4 0 r4 to ZA c) o P, 6 6 C; 6 C; (xi fj C; 6 C; c; C) CO ui vi C; 6 0 6 ui � h r-Z 6 6 14 C) CJ C) 0 2 C) en co (n T ko cn ko 8 c3 4 a) -4 C) 0 0 Cl 0 0 0 0 CY tO tO 0 C) 0 c3 0 0 0 to to tn. Q mid '0 0 0 0 0 C, '0 S 8 0 83 8 S, '03 0 0 8 8 tn0 0 0 -4 m(n m m m to ks to ks a cyi 0C m 0 m cn to o7 t ci t3 C; 14 in An in (A 4h Ah to in AA An in to in Ah AA in to -VW Ah IA to to in to 0 C. 8 9 n P, 0 0 CZ) 0 0 0 rn m m m co CY to p in to in in to u") tn to to 00 00 w 0 on, eF O r4 4 tA 4A AA V> to to tn to 4A IA 4A IA An in 4A in to to Vq -kn lf) in An AA 4A IA to L46-4 c4 cq r4 (-j 8 C� 8 8 8 8 C) 6 C) C) 0 0 C) C) 2 14 14 " 14 " r04 2 roq 8, 0" 2 " c4 cq (14 rq N