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HomeMy WebLinkAbout2023-09-12 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 12, 2023 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT ABSENT Councilman Joe Borton Councilman Luke Cavener Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics PROCLAMATIONS \[Action Item\] 1. Prostate Cancer Awareness Month Proclamation ACTION ITEMS 2. Public Hearing continued from August 8, 2023 for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division Approved Application Materials: https://bit.ly/ZOA-2023-0001 A. Request: UDC Text Amendment to amend certain regulations in Chapters 2- 6 of the Unified Development Code (UDC) Motion to approve made by Councilwoman Strader, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault ORDINANCES \[Action Item\] 3. Ordinance No. 23-2023 (Third Reading): An ordinance in accordance with Idaho Code sections 50-328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault FUTURE MEETING TOPICS ADJOURNMENT 6:19 PM Meridian City Council September 12, 2023. A Meeting of the Meridian City Council was called to order at 6:02 p.m. Tuesday, September 12, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Jessica Perreault, Liz Strader and John Overton. Members Absent: Luke Cavener. Other Present: Chris Johnson, Bill Nary, Bill Parsons, Chris McGilvery, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton X Jessica Perreault Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is September 12th, 2023, at 6:02 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: We had no one sign up for the community invocation. ADOPTION OF AGENDA Simison: So, we will move on to adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move adoption of the agenda as published. Borton: Second. Meridian City Council September 12,2023 Page 2 of 8 Simison: Have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, did we have anyone sign up under the public forum? Johnson: Mr. Mayor, we did not. PROCLAMATIONS [Action Item] 1. Prostate Cancer Awareness Month Proclamation Simison: Okay. So, we will go into the first item, which is a proclamation for Prostate Cancer Awareness Month. If I could have Mr. Wilson and the Treasure Valley Prostate Cancer Support Group join me at the podium, please. Council, we are here to do a proclamation in support of leading cause of -- second leading cause of death in men, Prostate Cancer Awareness Month, and there is some good stuff going on. So I will read the proclamation, then, turn it over to your -- yourself, Mr. Wilson, for some comments. Whereas prostate cancer is the most frequent diagnosed cancer in man and the second leading cause of deaths in men and whereas one in eight men have a lifetime probability of developing prostate cancer, when women also have a lifetime probably developing breast cancer and whereas it is estimated 700 men in Idaho will be diagnosed with prostate cancer this year. It is estimated 200 Idaho men will die from the disease this year and whereas prostate cancer death rates declined in the mid 1990s to mid 2021s due to earlier detection through PSA testing and advances in treatment and whereas September has largely been recognized as Prostate Cancer Awareness Month with origins back to 1989. Therefore, I'm, Mayor Robert E. Simison, do hereby proclaim September 2023 as Prostate Cancer Awareness Month in the City of Meridian. Encourage all citizens to come alongside the men and their families fighting against prostate cancer by increasing awareness, expanding research and empowering men to reduce the risk of diagnosis. Dated this 12th day of September 2023. So, I want to present this to you on behalf of the City of Meridian and we will get pictures in a second, but if you want to go and make some comments. Wilson: Yes. This is great. I really appreciate it, Mayor. Awareness is the issue that I campaign or -- more than looking for funds and things like that. Awareness is -- is the biggest issue. If men knew they had prostates, if they knew they were at risk and when the risks are increased, I think we would have fewer people with cancer -- chemo cancer haircuts and not be in the situation that I'm in. We need more awareness. Oh. Thank you. You want to talk about it? Meridian City Council September 12,2023 Page 3 of 8 Representative: Sure. We -- we have organized a run-walk in the community of Avimore, which is north on Highway 55 up towards Horseshoe Bend and there is -- it's going to be this coming Sunday from 12:00 to 4:00. We have live music bands, bouncy house, face painting, a whole bunch of different vendors. Couple food trucks. The whole event is free, so you can show up, you can walk and potentially win prizes. It's going to be an experience. So, feel free to come and get awareness, see him at his booth and support some of the key entrepreneurs that are there, which is really fun, too. ACTION ITEMS 2. Public Hearing continued from August 8, 2023 for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division A. Request: UDC Text Amendment to amend certain regulations in Chapters 2-6 of the Unified Development Code (UDC) Simison: Council, with that we will move on to our Action Items this evening. First item up is a public hearing continued from August 8, 2023, for the 2023 UDC Text Amendment ZOA-2023-0001. We will continue this public hearing with any comments from Mr. Parsons. Parsons: Thank you, Mayor, Members of the Council. Pleasure to be with you tonight. As you mentioned this was continued from August 8th to give -- to do a couple things. One was renotice it. As you were aware we missed in the noticing that we included some changes to Chapter 6 and did not include that as part of the noticing. So, I was able to work with the Clerk's office and get that corrected and we did renotice that per our city standards. So, that has been notified and corrected. The other issue that I heard at the August 8th hearing was some of the transparency between staff and the UDC focus group. So, after that hearing I actually reached out to the UDC focus group. I sent an e-mail asking -- letting them know that participation had been down and that it was never the expectation that this group would be the same body -- the same people on the -- serving on this committee in perpetuity, that it should be a -- a fluid committee with people exiting and adding new members, so that we can have fresh blood to the group and -- and bring a new -- fresh ideas as we go through code changes. So, I was able to send out an e-mail. I did notify all the current members that if they are -- they are still wanting to participate they can, but just confirm that through an e-mail and I had a very low response. So, I only had like three original members respond back. So, staff is working with the Mayor's office to come up with a new list of members to maybe join the next round of changes that we are working on and, then, I will -- next time I'm in front of you to discuss another round of code changes I will definitely share it with you who are now -- who are the new members -- who the existing members are and who are the new members, so you guys are aware of who is working with staff on these changes as well. So, I thought that was -- I do appreciate the feedback that I got from Council. I had not heard any of that. So, I do appreciate you sharing that with me. And then -- so, we got some of those items. Again, this was left with all of you to look over the changes and ask staff of any further questions. I also copied you on a couple of Meridian City Council September 12,2023 Page 4 of 8 updates that I was proposing and I did receive feedback from Council Woman Perreault and Strader and they had asked that we actually kind of pause on the height requirements that you see highlighted in front of you -- remove that from -- from this round of changes and maybe have a -- a bigger discussion in October 17th. So, again, that's -- that's probably the -- the outstanding issue for you tonight is -- because this is currently showing up on the table, if that is the prerogative of the Mayor and the Council tonight I would ask that you remove this item, including the figure one, and we can set that aside, continue this item for discussion at an October 17th hearing to see if we do want to codify or maybe pause on that until we get more information. I was able to reach out to the Fire Department to have that discussion tonight, but based on some of the feedback that I received from all of you it seemed like we really need to pause this and -- and wait until -- until next month. As far as all the other changes I would just clarify -- a lot of these are cleanup items that we need to get done. So, I would -- if you have any questions tonight I'm happy to answer them, but staff really would -- or appreciate Council to move all the other ones forward this evening, so we can get that ordinance done and wrapped up and, then, we could start preparing that other discussion on October 17th with the heights. In looking at the record I did receive a couple e-mails today about some of the code changes. Looked like Councilman Cavener was, again, having some -- an e-mail back and forth with Melissa Bernard. Our one hundred foot noticing requirements for Accessory Use Permit applications. I just remind Council, again, that that is not a code change up for discussion tonight. That was never proposed. It's -- it's currently how -- that's how it's written in code. As you recall at the August 8th hearing I noted that all we were changing was we were noting party of record to affected properties. We were just aligning that section of code with state code, so the verbiage matched. So, it's really more of a cleanup item. So, nothing to do with changing the notifications for AUPs. So, I just wanted to clarify that on the record one more time. And, then, I know President Hoaglun had some conversations with the Parks Department on the outdoor lighting for arts and rec's entertainment facilities and there were some clarification that that would not impact the Parks Department. It's merely for a different use. So, park -- in our code a park is a different use than an outdoor rec center. So, just wanted to go on record, note that I did receive those e-mails and noted that. So, I just wanted to be clear on the record for all of you. With that, again, recommend you moving these along, minus the one highlighted item that I have here in front of you, which includes the verbiage that I changed and, then, also the -- the updated graphic. Again, we can set those aside, but all of the ones we need to get moving forward tonight if possible. With that I would stand for questions that you may have regarding any of other -- other proposed changes -- regarding any other code changes on this round of changes. Simison: Thank you, Bill. Council, additional questions for staff regarding these items? Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council September 12,2023 Page 5 of 8 Borton: Are you saying on this yellow that -- that table -- everything in yellow or just F? For the -- for a future discussion? Parsons: Mayor, Members of the Council, I have just highlighted that. When the ordinance -- if -- if you move this topic to the October 17th hearing basically that's going to get removed out of this table, so it's -- there will be no changes to that section of the code until we want to change it. So, all I'm -- all I'm trying to graphically represent is that it needs to be out -- removed from this table, because we are not moving forward with that change. So, nothing's coming out of code. The code is going to be the code. All I'm showing is that we just need to remove the change. Yeah. It would be F, though, essentially. We are not moving forward with that change to F at this time. Borton: The remainder of the yellow would proceed. Parson: That -- that -- that's currently in code and that's existing code now, so it would stay intact. Correct. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, it sounds like October 17th you checked and that's a good date where you feel like you will have substantive feedback and we will continue the conversation then, the recommendation regarding that specific item 3-A-3? Parsons: Mayor, Members of the Council, Council Woman Strader, the clerk has been coordinating with both Fire Department and Planning and we have -- we have set aside October 17th would work for both parties to have that discussion. Strader: Yeah. I think it sounds like it may be more involved discussion, so I would be supportive of that. Thank you. Simison: Council, anything else? Or what's your pleasure? Direction. Motion. No motion. Borton: Mr. Mayor? Simison: Council Borton. Borton: Not a motion, but I will explain and question for Bill. It's not -- I guess for today, but the third paragraph up on all of these -- anytime there is -- there is a section of code where it speaks to the director's discretion using your professional judgment, that second sentence says shall. Love the word may. Right? Giving you the ability, but not the obligation to make that approval. Take it that word is not part of this edit, but that's what prompted me to ask the -- if that said may that would be a much better paragraph. Meridian City Council September 12,2023 Page 6 of 8 Parsons: So, Mayor, Council, there is a lot of shalls in the code. Yeah. And that's -- you are correct, it's not -- it's not part of the change at this time. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just looking around, if anyone has more discussion, but I'm happy to -- Simison: Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody present who would like to provide testimony on this item, either in person or online? There is nobody online, so that would be impractical. Seeing no one come forward who is here would like to provide testimony this evening, Council Woman Strader. Strader: Mr. Mayor, I would move that we close the public hearing. Overton: Second. Simison: Have a motion and a second to close the public hearing. Is there further discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: After considering all staff, applicant, and public testimony, I move to approve File No. ZOA-2023-0001 as presented in the staff report for today's hearing date with the modification that we will remove all of the changes related to UDC-11-2B-3A.3 for further discussion. Overton: Second. Simison: Have a motion and a second to approve it, minus 11-2B-3A.3. Is there further -- is there discussion on the motion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries. The item is agreed to. Thank you. Meridian City Council September 12,2023 Page 7 of 8 MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 3. Ordinance No. 23-2023 (Third Reading): An ordinance in accordance with Idaho Code sections 50-328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. Simison: With that we will move on to Item 3, which is Ordinance and item -- first item up is Ordinance No. 23-2023. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an Ordinance in accordance with Idaho Code Sections 50-328, 50-329 and 50-329A, granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of ten years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. Simison: Thank you. Council, you have heard this ordinance read for the third time. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Apologize for my voice. I move that we approve Ordinance No. 23-2023. Overton: Second. Meridian City Council September 12,2023 Page 8 of 8 Simison: Have a motion and a second to approve Ordinance No. 23-2023. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 9-26-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: September 12, 2023 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Prostate Cancer Awareness Month Proclamation E 1DIAN1.1-_%_1 The Office of the Mayor PROCIAMATIOX WHEREAS, prostate cancer is the most frequently diagnosed cancer in men and the second leading cause of cancer deaths in men; and, WHEREAS, one in eight men have a lifetime probability of developing prostate cancer. (One in eight women also have a lifetime probability of developing breast cancer); and, WHEREAS, it is estimated 1,700 men in Idaho will be diagnosed with prostate cancer this year and it is estimated 200 Idaho men will die from this disease this year; and, WHEREAS, Prostate cancer death rates declined in the mid-1990s to mid-2021 s due to earlier detection through PSA testing and advances in treatment; and, WHEREAS,. September has widely been recognized as Prostate Cancer Awareness Month, with origins back to 1989. THEREFORE, I, Mayor Robert E. Simison, do hereby proclaim September 2023 as Prostate Cancer ,Awareness Month in the City of Meridian and encourage all citizens to come alongside the men and their families fighting against prostate cancer by increasing awareness, expanding research and empowering men to reduce the risk of diagnosis. Dated this 12' day of September, 2023 wr�� ob lcaaagl, Sson, Mayor Brad City Council President Joe Borton, City Council Vice-President Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council John Overton, City Council 9 ,.J rt �k SpnAn I At le, ._ . e : t tote bJ 1— vLll Iw too G to Aele LLLLLL Ate � '' .. . ] Alto I It .. tl 1 to ✓ delete. . " ` , e I Ile A Io 'All lool" be 4. :. -' : -41 l Ile_ lI^, x 1� 1 `Y ti - �b lL 444 IN „i . P f / ! l /� r' .H_ 1. _�- A �a 1I nA��,v� — - �� ��> �� em __ � Note f . . NNI it i ...} f Nee IN /IN i tit ^; fin. 10 Is If I it n O v .fir If I If _ L — F JON=NJ JEMCA PERREM fee �O� 3 CANCER 3aLK _ - Ile I to LN IN \� f,fir A ! : . \�IN- Li rp ' j�I I f a. ... w _ ., , NNNNff sum lQflNI�OWERjOJ i �` ywyr��, - - _ - - 10' - - f -- '4LK;; LN fl V/ LX y: s � ,My/s/ t.. \ _ IN N AM 4 MON _ \\ - t fF IF I Ifsdim #r I IF It "FI 17 61 It : . IF — 11 If I 61 t f Y ' A l`0 IL k IF �I.-_,% Am ' AW N ter 4 f limb, ' Sx F1M, R e; i �IF LI �a * f dq y� " F IfIIP , .. ( t„vff� IL \ . IF 1 + s It �a /� . �A ,� \\ �IF IS a- ..,a _ _ FN If I IIr CrrjI­y Nr/y�/ tFIIIF IN RIF \ "" E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 th Item #2: 2023 UDC Text Amendment (ZOA-2023-0001) (Continued from the August 8 CC MTG) Application(s): Zoning Ordinance Amendment Summary of Request: This phase of text changes includes several modifications throughout Chapters 2-6 of the Unified Development Code (UDC) and are largely “clean-up” items that have been identified since the last code update. All the proposed changes to the UDC are included as part of the record for this application. Commentary associated with proposed changes are also part of the table that explains the reason for the modification or addition to the code. A summary of the most notable text changes are below: 1. Table 11-2A-2 – Allowed use table in the residential districts: Proposes to allow family daycares (up to 6 children) in the R-2 zone; 2. UDC 11-2B-3A.3 – Commercial standards: Proposes to allow a maximum height of 100 feet in some of the commercial th districts. (Remove from this round of changes and continue this topic to the October 17 hearing for further discussion.) 3. UDC 11-4-3-2 Arts, entertainment or recreational facility, indoor or outdoor specific use standards: Proposes to require conditional use permit for outdoor lighting if compliance with the lighting standards is not proposed. 4. UDC 11-4-3-10 Drinking establishment specific use standards: Proposes to remove the prohibition of this use when it is within three hundred feet of a church or education institution. All of the proposed changes went through an extensive and collaborative review process over several months with City staff and the UDC Focus Group. In summary, City Staff believes the proposed changes will make the implementation and use of the UDC more understandable and enforceable. Staff requests the Council approves all of the other code changes, except for item #2 highlighted above. th Commission Recommendation: Approval at the July 6 hearing Outstanding issue for Council: Remove code change to allow 100-foot tall buildings along the I-84 corridor, including Figure 1. Written testimony: Malissa and Mike Bernard Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number ZOA-2023-0001, as presented in the staff report for the hearing date of September 12, 2023, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number ZOA-2023-0001, as presented during the hearing on September 12, 2023, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number ZOA-2023-0001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from August 8, 2023 for 2023 UDC Text Amendment (ZOA-2023-0001) by City of Meridian Planning Division Application Materials: https:Hbit.ly/ZOA-2023-0001 A. Request: UDC Text Amendment to amend certain regulations in Chapters 2-6 of the Unified Development Code (UDC) PUBLIC HEARING SIGN IN SHEET DATE: September 12, 2023 ITEM # ON AGENDA: 2 PROJECT NAME: 2023 UDC Text Amendment (ZOA-2023-0001) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change Table 11-2A-2 Allowed use table in the Allow family daycares in the R-2 residential districts zoning district. Use R-2 R-4 R-4 R-8 R-15 FR-40 Daycare, family' -A A A A A C 11-213-3A.3 Standards City is receiving more requests for 3. Maximum height limit. height exceptions in certain locations. This is adding a new a. The maximum height limitations shall not apply to the following architectural features not intended provision to the code to allow for human occupation. steeple, belfry, cupola, chimney. Such architectural features shall have a taller buildings in appropriate maximum height limit of twenty (20) feet as measured from the roofline. locations. b. The maximum height limitations shall not apply to the following: spire; amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. - c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and takeoff of aircraft in an established airport. d.Additional height not to exceed twenty (20) percent of the maximum height allowed for the district may be approved by the Director through the alternative compliance procedures set forth in chapter 5, "administration", of this title.Additional height shall be allowed when the development provides ten (10) percent of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e.Additional height exceeding twenty (20) percent of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with subsection (A)(3)d of this section requires approval through a conditional use permit. f.A maximum building height of one hundred 100 feet shall be allowed for properties that are within seven hundred fifty 750 feet of I-84 right of way in the C-C, C-G M-E. and H-E zoning districts see Figure 1 below DATE: 09/12/2023 1 Figure 1: 100-foot Height Allowance Buffer Adjacent to I-84 Right of Way • FRANKLIN r■ o • r-rr_- ■ _� r r!■ - tOVERLAND W ■ W UJ o a ♦ a c U W W W L V . 7 Um u¢r i■ r`0 Legend VICTORY AOCI ■ rrD Right-of-Way{ROW] 750-foot ITS ROW Buffer D 0.5 1 Print Dote:8/25/2023 Miles 0 11-3A-3A Access to streets A property owner can't grant an A. The following standards shall apply to any use and/or property that takes direct access to an arterial easement to themselves if they and/or collector roadway. Prior to any new, expanded, or extended use or development of the own multiple properties sharing property: access. Legal has advised Planning that the best way to ensure cross 1.Where access to a local street is available,the applicant shall reconfigure the site circulation plan to access is granted in this scenario take access from such local street. is through the platting process. Therefore, staff is clarifying this 2.Where access to a local street is not available, the property owner shall be required to grant cross- section of code to include access/ingress-egress easements to adjoining properties, either by recorded easement or as a note on additional language that requires a recorded final plat. This standard is intended to apply primarily to nonresidential properties, but the dedication through a plat may extend to residential properties where the use is anticipated to change to a nonresidential use. note. There may be instances when a property is not platting 3.All subdivisions must provide local street access to any use that currently takes direct access from and therefore cross access can an arterial or collector street. still be dedicated by a recorded easement. Table 11-3C-6 Required parking spaces Modify footnote 1 to allow for residential use (MF) parking stall dimensions with Notes: carports to meet the required stall 1 The size of the garage eet required for dwelling units shall be measured by exterior and drive aisle dimensions in UDC dimensions and shall be at least ten (10) feet by twenty (20) feet for a one-space garage erect Table 11-3C-5. and 20 feet by 20 feet for a two-space garage or- car-por- .All other other required parking shall meet the required stall and drive aisle dimensions in UDC Table 11-3C-5stall and drive aisle dimensions in UDC Table 11-3C-5. DATE: 09/12/2023 2 11-4-3-2 Arts, entertainment or Require a conditional use permit A. General standards. recreational facility, for outdoor lighting indoors or outdoors 1.All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred (100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty (50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. 3.Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title. B.Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed within a six-foot nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code. C.Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred (100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit. D. Outdoor lighting, including lighted fields designed for the site shall comply with section 11-3A-11 11outdoor lighting", of this title. These standards may be modified through the approval of a conditional use permit. 11-4-3-10 Drinking establishment Clarifying this section of code for A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or consistency with State Statute. distribution of alcoholic beverages. B.T4,e-If a dl3rinking establishments or expansion of such useshall n^*«is located within three hundred (300) feet of a property used for a church or any other place of worship, or any public or private education institution, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this title.nor-shall the dFinkin establishment be locate' within one thousand 1000) feet of an adult enteFtaiameat L 1 that this limitation shall not apply to any duly licensed pFenn-i-se-s th-at-at the t-Ame of heensing did- Pet come within the Festrieted- -;,Fea but subsequent to licensing came theFeia; the expansion of an existing establishment may be allowed Nvith C. n^r ch-a" th A drinking establishment shall not be located within one thousand (1,000) feet of an adult entertainment establishment as defined in Chapter 1 Article A. "definitions" of this Title; For- 1 no outside activity or- event site,all allowed on the except in accord with ehapteF 1 aFtiele 1 "temporary H , of this title. D. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with chapter 3 article E. "temporary use requirements", of this title. DATE: 09/12/2023 3 11-4-3-27B.1 Minimum building setback Need to clarify applicability of the B. Site design building setbacks for the residential buildings. 1. Residential-9buildings shall provide a minimum setback of ten (10) feet unless a greater setback is otherwise required by this title and/or Title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. 11-4-3-27C.3b Alternative Compliance to This is a clean-up item -the 3.Alternative compliance is available for the standards listed in subsections (Q1 and(Q2 above,if a project has a unique open space standards for alternative compliance is in the ar eted demographic:utilizes otherplace-making design elements in Old-Town or mixed-use future land use designations multi-family developments wrong section; it applies to with collectively integrated and shared open s ace areas.All multi family Projects over twenty(20)units shall P id at subsection CA and C.2. It should be east one (1) common gFassy aFea inteffated into the site Elesign allowing fOF geneFal activities by all ages.This area may be a separate # (3). ne!uded in the miaimum f:equif:ed open spaee total.PFajeets that pf:9vide safe ac-eess to adjaeent publie parks of:parks DATE: 09/12/2023 4 11-4-3-41 Vertically integrated Clean-up item for this section code-A.A vertically integrated residential project shall be a structure that contains at least two (2) stories. residential project B.A minimum of twenty-five (25) percent of the gross floor area of a vertically integrated project shall be residential dwelling units, outdoor patio space on the same floor as a residential unit may count towards this requirement. C.A minimum of ten (10) percent of the gross floor area of a vertically integrated project shall be used for nonresidential uses as specified in subsection E below. D. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred (2,400) square feet. E. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution; healthcare or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi-public use; restaurant; retail; or other uses that may be considered through the conditional use permit process. F. None of the required parking shall be located in the front of the structure. G.A minimum of fifty (50) square feet of private, usable open space shall be provided for each residential dwelling unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. in circumstances where str-iet adheFence to such standard Nyould eFeate inconsistency with the puFpose statements of this seetioii7 tThe Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this Title. DATE: 09/12/2023 5 11-5A-3(F) Administrative process Legal requested the change for consistency with state statutes. F. Request for City Council review. The City Council maybe asked to review any decision of the Director or the commission by an applicant, any paFty of a Feceraaffected person, or a City Council member through the provisions set forth in section 11-5A-7, "City Council review process", of this article. 11-5A-4 Administrative process Legal requested the change for A. For purposes of this section, "parties of recor- " "affected person" shall include�J the applicant, consistency with state statutes. roperty owners of record within one hundred (100) feet of the exterior boundary of the application roperty, and W any person who, in wFTting, speeif eally FequestSuch S tote a paFtieular- with a bona fide interest in real property that may be affected by a land use decision 11-5A-6 Public hearing process Legal requested the change for 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord consistency with state statutes. with the procedures set forth in title 1 of this Code. 2. If the decision-making body (see section 11-5A-2,table 11-5A-2 of this article) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision- DATE: 09/12/2023 6 11-5A-7 City Council review process Legal requested the change for A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission consistency with state statutes. concerning the administration of this title may be made by an applicant, the Director, or a paFty of an affected person. B.All requests for review shall be filed in writing with the department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C.All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in Section 11-5A-6 of this article to reach a decision to uphold or overrule the action. D. By simple majority vote, the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision. b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision. 2. In the case of consideration of a decision of the commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E.A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or commission, after notice of the request is filed,that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and DATE: 09/12/2023 7 11-513-5 Table 11-513-5 Clean-up item to align with the Structure and site design review standards 11-3A-19 specific use standards in Chapter 4.Added this to the table in Vertically integrated residential project private usable open space standards 11-4-3-41G Chapter 5. 11-513-5E Required findings Other decision-making bodies E. Required Findings. In order to grant approval for an alternative compliance application,the rimer need to be added based on a decision-making body shall determine the following: previous change to UDC Table 11- 5A-2 which now allows DATE: 09/12/2023 8 11-513-6E Findings "Council" needs to be added based E. Findings. The commission or City Council, as applicable, shall base its determination on the on a previous change to UDC conditional use permit request upon the following: Table 11-5A-2,which now allows Council to be the decision-making body on CUP'S when there is a concurrent AZ, RZ, PP and/or PFP application that requires Council action. 11-6C-3D Common driveways Aligning common drive standards D. Common Driveways. to align with the revised verbiage in UDC 11-3A-3A above. 1. Maximum Dwelling Units Served. Common driveways shall serve a maximum of four (4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. 2.Width standards. Common driveways shall be a minimum of twenty (20) feet in width, unless a greater width is required by the City Engineer.All common driveways shall be on a common lot. DATE: 09/12/2023 9 Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change Table 11-2A-2 Allowed use table in the Allow family daycares in the R-2 residential districts zoning district. Use R-2 R-4 R-4 R-8 R-15 FR-40 Daycare, family' -A A A A A C 11-213-3A.3 Standards City is receiving more requests for 3. Maximum height limit. height exceptions in certain locations. This is adding a new a. The maximum height limitations shall not apply to the following architectural features not intended provision to the code to allow for human occupation. steeple, belfry, cupola, chimney. Such architectural features shall have a taller buildings in appropriate maximum height limit of twenty (20) feet as measured from the roofline. locations. b. The maximum height limitations shall not apply to the following: spire; amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. - c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and takeoff of aircraft in an established airport. d.Additional height not to exceed twenty (20) percent of the maximum height allowed for the district may be approved by the Director through the alternative compliance procedures set forth in chapter 5, "administration", of this title.Additional height shall be allowed when the development provides ten (10) percent of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e.Additional height exceeding twenty (20) percent of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with subsection (A)(3)d of this section requires approval through a conditional use permit. f.A maximum building height of one hundred 100 feet shall be allowed for properties that are within seven hundred fifty 750 feet of I-84 right of way in the C-C, C-G M-E. and H-E zoning districts see Figure 1 below DATE: 09/12/2023 1 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Figure 1: 100-foot Height Allowance Buffer Adjacent to I-84 Right of Way • FRANKLIN r■ o • r-rr_- ■ _� r r!■ - tOVERLAND W ■ W OUJo a ♦ a c V L W `'W W W 7 Vm u¢r i■ r`0 � i ■ i� Legend VICTORY AOCI ■ rrD Rightof-Way{ROW] 750-foot ITO ROW Buffer D 0.5 1 Print Dote:8/25/2023 Miles 0 11-3A-3A Access to streets A property owner can't grant an A. The following standards shall apply to any use and/or property that takes direct access to an arterial easement to themselves if they and/or collector roadway. Prior to any new, expanded, or extended use or development of the own multiple properties sharing property: access. Legal has advised Planning that the best way to ensure cross 1.Where access to a local street is available,the applicant shall reconfigure the site circulation plan to access is granted in this scenario take access from such local street. is through the platting process. Therefore, staff is clarifying this 2.Where access to a local street is not available, the property owner shall be required to grant cross- section of code to include access/ingress-egress easements to adjoining properties, either by recorded easement or as a note on additional language that requires a recorded final plat. This standard is intended to apply primarily to nonresidential properties, but the dedication through a plat may extend to residential properties where the use is anticipated to change to a nonresidential use. note. There may be instances when a property is not platting 3.All subdivisions must provide local street access to any use that currently takes direct access from and therefore cross access can an arterial or collector street. still be dedicated by a recorded easement. Table 11-3C-6 Required parking spaces Modify footnote 1 to allow for residential use (MF) parking stall dimensions with Notes: carports to meet the required stall 1 The size of the garage eet required for dwelling units shall be measured by exterior and drive aisle dimensions in UDC dimensions and shall be at least ten (10) feet by twenty (20) feet for a one-space garage erect Table 11-3C-5. and 20 feet by 20 feet for a two-space garage or- car-por- .All other other required parking shall meet the required stall and drive aisle dimensions in UDC Table 11-3C-5stall and drive aisle dimensions in UDC Table 11-3C-5. DATE: 09/12/2023 2 11-4-3-2 Arts, entertainment or Require a conditional use permit A. General standards. recreational facility, for outdoor lighting indoors or outdoors 1.All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred (100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty (50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. 3.Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title. B.Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed within a six-foot nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code. C.Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred (100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit. D. Outdoor lighting, including lighted fields designed for the site shall comply with section 11-3A-11 11outdoor lighting", of this title. These standards may be modified through the approval of a conditional use permit. 11-4-3-10 Drinking establishment Clarifying this section of code for A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or consistency with State Statute. distribution of alcoholic beverages. B.T4,e-If a dl3rinking establishments or expansion of such useshall n^*«is located within three hundred (300) feet of a property used for a church or any other place of worship, or any public or private education institution, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this title.nor-shall the dFinkin establishment be locate' within one thousand 1000) feet of an adult enteFtaiameat L 1 that this limitation shall not apply to any duly licensed pFenn-i-se-s th-at-at the t-Ame of heensing did- Pet come within the Festrieted- -;,Fea but subsequent to licensing came theFeia; the expansion of an existing establishment may be allowed Nvith C. n^r ch-a" th A drinking establishment shall not be located within one thousand (1,000) feet of an adult entertainment establishment as defined in Chapter 1 Article A. "definitions" of this Title; For- 1 no outside activity or- event site,all allowed on the except in accord with ehapteF 1 aFtiele 1 "temporary H , of this title. D. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with chapter 3 article E. "temporary use requirements", of this title. DATE: 09/12/2023 3 11-4-3-27B.1 Minimum building setback Need to clarify applicability of the B. Site design building setbacks for the residential buildings. 1. Residential-9buildings shall provide a minimum setback of ten (10) feet unless a greater setback is otherwise required by this title and/or Title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. 11-4-3-27C.3b Alternative Compliance to This is a clean-up item -the 3.Alternative compliance is available for the standards listed in subsections (Q1 and(Q2 above,if a project has a unique open space standards for alternative compliance is in the ar eted demographic:utilizes otherplace-making design elements in Old-Town or mixed-use future land use designations multi-family developments wrong section; it applies to with collectively integrated and shared open s ace areas.All multi family Projects over twenty(20)units shall P id at subsection CA and C.2. It should be east one (1) common gFassy aFea inteffated into the site Elesign allowing fOF geneFal activities by all ages.This area may be a separate # (3). ne!uded in the miaimum f:equif:ed open spaee total.PFajeets that pf:9vide safe ac-eess to adjaeent publie parks of:parks DATE: 09/12/2023 4 11-4-3-41 Vertically integrated Clean-up item for this section code-A.A vertically integrated residential project shall be a structure that contains at least two (2) stories. residential project B.A minimum of twenty-five (25) percent of the gross floor area of a vertically integrated project shall be residential dwelling units, outdoor patio space on the same floor as a residential unit may count towards this requirement. C.A minimum of ten (10) percent of the gross floor area of a vertically integrated project shall be used for nonresidential uses as specified in subsection E below. D. The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred (2,400) square feet. E. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution; healthcare or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi-public use; restaurant; retail; or other uses that may be considered through the conditional use permit process. F. None of the required parking shall be located in the front of the structure. G.A minimum of fifty (50) square feet of private, usable open space shall be provided for each residential dwelling unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. in circumstances where str-iet adheFence to such standard Nyould eFeate inconsistency with the puFpose statements of this seetioii7 tThe Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this Title. DATE: 09/12/2023 5 11-5A-3(F) Administrative process Legal requested the change for consistency with state statutes. F. Request for City Council review. The City Council maybe asked to review any decision of the Director or the commission by an applicant, any paFty of a Feceraaffected person, or a City Council member through the provisions set forth in section 11-5A-7, "City Council review process", of this article. 11-5A-4 Administrative process Legal requested the change for A. For purposes of this section, "parties of recor- " "affected person" shall include�J the applicant, consistency with state statutes. roperty owners of record within one hundred (100) feet of the exterior boundary of the application roperty, and W any person who, in wFTting, speeif eally FequestSuch S tote a paFtieular- with a bona fide interest in real property that may be affected by a land use decision 11-5A-6 Public hearing process Legal requested the change for 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord consistency with state statutes. with the procedures set forth in title 1 of this Code. 2. If the decision-making body (see section 11-5A-2,table 11-5A-2 of this article) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision- DATE: 09/12/2023 6 11-5A-7 City Council review process Legal requested the change for A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission consistency with state statutes. concerning the administration of this title may be made by an applicant, the Director, or a paFty of an affected person. B.All requests for review shall be filed in writing with the department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C.All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in Section 11-5A-6 of this article to reach a decision to uphold or overrule the action. D. By simple majority vote, the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision. b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision. 2. In the case of consideration of a decision of the commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E.A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or commission, after notice of the request is filed,that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and DATE: 09/12/2023 7 11-513-5 Table 11-513-5 Clean-up item to align with the Structure and site design review standards 11-3A-19 specific use standards in Chapter 4.Added this to the table in Vertically integrated residential project private usable open space standards 11-4-3-41G Chapter 5. 11-513-5E Required findings Other decision-making bodies E. Required Findings. In order to grant approval for an alternative compliance application,the rimer need to be added based on a decision-making body shall determine the following: previous change to UDC Table 11- 5A-2 which now allows DATE: 09/12/2023 8 11-513-6E Findings "Council" needs to be added based E. Findings. The commission or City Council, as applicable, shall base its determination on the on a previous change to UDC conditional use permit request upon the following: Table 11-5A-2,which now allows Council to be the decision-making body on CUP'S when there is a concurrent AZ, RZ, PP and/or PFP application that requires Council action. 11-6C-3D Common driveways Aligning common drive standards D. Common Driveways. to align with the revised verbiage in UDC 11-3A-3A above. 1. Maximum Dwelling Units Served. Common driveways shall serve a maximum of four (4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. 2.Width standards. Common driveways shall be a minimum of twenty (20) feet in width, unless a greater width is required by the City Engineer.All common driveways shall be on a common lot. DATE: 09/12/2023 9 DATE: 09/12/2023 10 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2023 (Third Reading): An ordinance in accordance with Idaho Code sections 50-328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. CITY OF MERIDIAN ORDINANCE NO. 23-2023 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE SECTIONS 50-328, 50-329 AND 50-329A GRANTING A FRANCHISE TO IDAHO POWER COMPANY, A CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS,TO CONSTRUCT,MAINTAIN AND OPERATE IN AND UPON THE PRESENT AND FUTURE STREETS, HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 10 YEARS, INCLUDING THE NONEXCLUSIVE RIGHT TO PHYSICALLY LOCATE AND MAINTAIN TELEPHONE, CABLE, FIBER OPTICS OR OTHER COMMUNICATIONS FACILITIES; SETTING FORTH AN AGREEMENT NOT TO COMPETE, BUT RESERVING THE POWER OF EMINENT DOMAIN; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES; SPECIFYING OTHER LIMITATIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO THAT: SECTION 1. The City of Meridian, Idaho(hereinafter called the"City")hereby grants to IDAHO POWER COMPANY, a corporation, and to its successors and assigns (hereinafter called the "Grantee") the right (subject to the rights of the City set forth in Section 14 hereof), privilege and franchise for a period of ten(10)years from and after November 1, 2023 (the effective date of this ordinance),however,with the right to amend by mutual agreement in accordance with Section 15, to construct, maintain and operate in and upon the present and future streets, alleys, highways and other public places within the corporate limits of the City,electric utility property and facilities for supplying electricity to the City, and the inhabitants thereof, and to persons and corporations beyond the limits of the City, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities of the Grantee or other parties, (provided, that Grantee shall comply with the City's requirements for cable system franchises) all subject to the terms and conditions hereinafter specified. In the case of annexation of property to the corporate limit, such area will be considered under this ordinance, upon effective date of the annexation, subject to Section 9 hereof. All such electric utility property and facilities now maintained by the Grantee within the streets, alleys, highways and other public places within the corporate limits of the City shall be deemed covered by this ordinance as provided herein. SECTION 2. All of the Grantee's electric property and facilities in and upon the present and future streets, alleys, highways and public places within the corporate limits of the City shall be constructed and at all times maintained in good order and condition and in accordance with standard engineering practices and all applicable safety codes and lawful governmental 1 regulations, including all applicable state and federal regulations and all construction standards presently in effect by the Idaho Public Utilities Commission or adopted by that Commission during the term of this franchise. SECTION 3. Upon request of the City,the Grantee shall relocate its facilities as necessary within the present and future streets, alleys, highways and other public places owned by the City. The City shall have no responsibility for the costs of such relocations. The Grantee shall bear the cost of relocating its facilities at the City's request, unless the facilities are to be relocated for the benefit of a third party, in which case the third party shall pay the costs of relocation. In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. SECTION 4. It shall be lawful for the Grantee to make all needful or convenient excavations and/or installations in any of the present and future streets, alleys,highways and other public places within the corporate limits of the City for the purpose of erecting and maintaining the posts, poles, towers, or other supports for its wires or for the purpose of laying, maintaining and operating conduits, vaults and wires and other conductors underground for the purpose aforesaid, or to repair and improve such electric power and light system and to extend the same; provided that when the Grantee or any person or corporation under the authority of this franchise, shall disturb any of said streets, alleys,highways or other public places for the purposes aforesaid, he, it or they shall restore the same to good order and condition as soon as practicable and without unnecessary delay and failing to do so after five days' notice from the City, or its duly authorized officer or officers, then the City may place said street, alley, highway or public place in such condition at the cost and expense of the Grantee, and said Grantee will forthwith pay the full cost and expense thereof upon demand of the City. All facilities constructed under this ordinance shall be placed and maintained at such places and positions in or upon such public ways and public places as shall not interfere with the passage of traffic and shall conform to all applicable laws, rules and regulations. SECTION 5. The City shall have the right and privilege to string and maintain wires for the City's internal communications upon the Grantee's poles and other facilities located within the corporate limits. If the City wishes to attach City communications facilities to Grantee's poles and related facilities, the parties will enter into the standard Idaho Power Facilities Attachment Agreement, which sets forth the terms and conditions for third-party attachments to Grantee's poles and related facilities, including without limitation facility attachment fees, safety requirements, clearance requirements, and make-ready obligations. SECTION 6. The Grantee shall at all times indemnify and hold the City, its officers, employees, and agents harmless from any and all expenses or liability arising from, and against or by reason of any negligent act or omission of the Grantee, its representatives or employees, in the construction,operation or maintenance of any of the Grantee's electric utility property or facilities. SECTION 7. Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a Certificate of Insurance evidencing 2 General Liability Insurance which covers claims for Bodily Injury,Property Damage and Personal Injury. Such insurance shall have minimum limits of$1,000,000 per occurrence. The City of Meridian shall be named as an "Additional Named Insured" under Grantee's insurance policy. Should the minimum limits of insurance as set forth herein be increased above $1,000,000, pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any similar legislation, the Grantee shall be required to provide the City with a new Certificate of Insurance evidencing the higher limits upon the City's request. SECTION 8. The electric service to be furnished to the public hereunder, and all rates and charges therefore, and all regulation of the Grantee hereunder, shall at all times be subject to all rules, regulations and orders that may be lawfully prescribed by the Idaho Public Utilities Commission or by any other governmental authority now or hereafter having jurisdiction over such matters. During the term of this franchise, Grantee shall at all times assure that customers within the City have access to customer service from the Grantee as required by the Idaho Public Utilities Commission. SECTION 9. As compensation for the right, privilege and franchise hereby granted, Grantee agrees to pay to the City on or before the 30th day of January, April, July and October, an amount equivalent to one percent (1%) of Grantee's "gross revenues" for the preceding calendar quarter. For purposes of this Section, "gross revenues" shall mean the amount of money billed by the Grantee for the electricity it sells within the corporate limits of the City to customers, less uncollectibles. The City shall provide appropriate information to the Grantee to allow the Grantee to identify which of its customers are located within the corporate limits of the City for purposes of paying franchise fees. Grantee shall not be responsible for any failure to pay franchise fees which results from deficiencies in such information provided by the City. In the event the City annexes a new area into its corporate limits, the terms of this Section 9 regarding franchise fees shall not apply to the annexed area until sixty (60) days after the City has supplied the Grantee with appropriate information for the identification of the Grantee's customers within the annexed area. The Grantee's franchise fee payment obligations hereunder shall commence with the start of the Grantee's first full billing cycle following the effective date of this ordinance;provided,that the Grantee must first receive approval from the Idaho Public Utilities Commission for the collection of the franchise fee in the rates charged by Grantee. SECTION 10. The City shall have the right during the term of this franchise to increase the franchise fee hereunder up to three percent (3%), by obtaining the consent of the Grantee or the approval of a majority of voters of the City voting on the question at an election held in accordance with chapter 4, title 50, Idaho Code. Any such vote to increase the franchise fee hereunder shall provide that the increased franchise fee will apply to any electric service provider (other than the City) who utilizes the City's streets, alleys or other public places to provide electrical service within the City, during the term of this franchise. SECTION 11. The Grantee shall keep accurate books of account for the collection of the franchise fees for a period not to exceed three years hereunder and the City shall have the right to 3 inspect the same at all times during business hours, and from time to time audit the same for the purpose of determining gross revenues under Section 9 above. SECTION 12. The franchise fees paid by the Grantee hereunder will be in lieu of and as payment for any tax or fee imposed by the City on the Grantee by virtue of its status as a public utility including, but not limited to, taxes, fees or charges related to easements, franchises, rights- of-way, utility lines and equipment installation, maintenance and removal during the term of this franchise. SECTION 13. The Grantee shall have the right and privilege, insofar as the City is able to grant the same, in accordance with National Arborist Association standards, of the pruning of all trees which overhang the present and future streets, alleys,highways and other public places within the corporate limits of the City, in such a manner and to such extent as will prevent the branches or limbs or other parts of such trees from touching or interfering with its wires, poles and other fixtures and equipment. However,except in an emergency,no pruning shall be undertaken without giving the occupant of the adjacent property written or oral notice that such pruning will be performed. SECTION 14. In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof,the City agrees not to engage in the business of providing electric service during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. The City shall not grant a franchise to another electric service provider during the term of this franchise unless the electric service provider has received approval to provide electrical service within the City from the Idaho Public Utilities Commission, and the City has imposed the same franchise fee on the electric service provider as paid by the Grantee. SECTION 15. In the event of an amendment to the laws, rules or regulations of the City of Meridian, the State of Idaho, or the Public Utilities Commission of Idaho applicable to this franchise, or for periodic review of any section of this franchise, the terms of this franchise and the rights and privileges hereby conferred may be changed, altered, amended or modified upon mutual agreement between the City and the Grantee. In all cases, 60 days notice shall be required on the part of City or Grantee to reopen the franchise pursuant to this section. SECTION 16. Any violation by the Grantee of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the City after sixty (60) days' written notice to the Grantee and the continuance of such violation, failure or default; however, this provision shall not prevent the Grantee from submitting such question of violation or forfeiture to the appropriate forum (which may include the district court having jurisdiction or the Idaho Public Utilities Commission) for determination. SECTION 17. Sale, assignment or lease of this franchise is prohibited without notification and approval by the City. 4 SECTION 18. The Grantee shall assume the cost of publication of this franchise as such publication is required by law. SECTION 19. The Grantee shall within thirty (30) days after final passage of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. If the Grantee does not timely file said acceptance, the Grantee shall forfeit all rights and privileges delineated herein, and the City shall have the right to repeal this ordinance. SECTION 20. The existing franchise between the City and Grantee set forth in Ordinance No. 800, passed and adopted October 6, 1998, shall terminate upon the effective date of this ordinance. SECTION 21. Inasmuch as the Grantee has constructed and now is maintaining and operating the electric utility property and facilities in and upon the streets, alleys, highways, and public places in the City, it is hereby adjudged and declared that this ordinance is necessary for the preservation of the public peace, health and safety, and therefore this ordinance shall take effect on November 1, 2023. PASSED AND ADOPTED by the Council of the City of Meridian this 12th day of September 2023. APPROVED by the Mayor this 12th day of September , 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk (Seal) 5 ACCEPTANCE IDAHO POWER COMPANY, as the franchisee, accepts the franchise set forth in the above Ordinance and agrees to abide by the terms and conditions thereof. DATED this day of fC J,c 2023. By: Adam Richins SVP&Chief Operating Officer ATTEST: I Secretary (Seat) 6 1 STATEMENT OF MERIDIAN CITY ATTORNEY CONCERNING THE SUMMARY OF ORDINANCE NO . 23-2023 The undersigned, William L . M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and provides adequate notice to the public . DATED this 12thday of September , 2023 William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 23 -2023 An ordinance in accordance with Idaho Code sections 50-328 , 50 -329 and 50 -329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns , to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho , electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities ; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees ; specifying other limitations , terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1 , 2023 . The full text of the ordinance is available in the City Clerk' s Office at Meridian City Hall, 33 E. Broadway Ave . , Meridian, Idaho . 7 I