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HomeMy WebLinkAbout2010 12-21 Special~~E IDFZ IAN,?- ~~ CITY COUNCIL MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 21, 2010 at 6:00 PM SPECIAL MEETING 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Burton Roberts with MGT Legacy Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 7, 2010 Pre-Council Meeting B. Approve Minutes of December 7, 2010 City Council Regular Meeting C. Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road by Idaho Self Storage-Linder D. Water Main Easement for Bayside Taylor Commerce Park Subdivision Located at the Northwest Corner of N. West 10th Street and W. Taylor Ave., by Bayside Capital Co., for Access to the New Fire Hydrant E. Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road for Access to the New Fire Hydrant Being Installed at the Location Meridian City Council Meeting Agenda -Tuesday, December 21, 2010 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Sewer & Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road by Idaho Self Storage-Linder G. Sewer & Water Main Easement for Bayside Taylor Commerce Park Subdivision Located at the Northwest Corner of N. West 10th Street and W. Taylor Ave., by Bayside Capital Co. H. Sanitary Sewer and Water Main Easement Agreement and Permanent Easement Contract with Carolee A. Fusselman for a Not-to-Exceed Amount of $5,914.20 I. Dog Licensing Designee Agreements (6) Effective January 1, 2011 through December 31, 2011 • Pet Care Clinic -1151 E. Fairview, Meridian ID 83642 • All Valley Animal Care - 2326 E. Cinema Drive, Meridian ID 83642 • Meridian Vet Hospital - 421 W. Franklin, Meridian ID 83642 • Settlers Park Veterinary - 3220 N. Meridian Rd., Meridian ID 83646 • Treasure Valley Veterinary Hospital - 2600 S. Meridian Rd., Meridian ID 83642 • Intermountain Pet Hospital - 800 W. Overland Rd., Meridian ID 83642 J. Meridian Food Bank Community Development Block Grant (CDBG) PY2010 Subrecipient Agreement K. Meridian Arts Commission 2010 Annual Report L. Findings of Fact, Conclusions of Law for Approval: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South M. Findings of Fact, Conclusions of Law for Approval: PP 10-004 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 301 Residential Lots, 1 School Lot and 38 Common Lots on Approximately 120.6 Acres in an R-4 Zone for Volterra Subdivision North Meridian City Council Meeting Agenda -Tuesday, December 21, 2010 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N. Findings of Fact, Conclusions of Law for Approval: PP 10-005 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 194 Residential Lots, 10 Commercial Lots and 22 Common Lots on Approximately 80.4 Acres in a Proposed C-G, L-O and Proposed R-8 Zones for Volterra Subdivision South O. Findings of Fact, Conclusions of Law for Approval: MDA 10- 009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement P. Resolution No. 10-762: Adoption of the 2011 Initial Point Gallery Schedule Q. Resolution No. 10-763: A Resolution of the Mayor and the City Council of the City of Meridian, Adopting changes to the Cross Connection Control Program; and providing an effective date R. Resolution No. 10-764: A Resolution of the Mayor and the City Council of the City of Meridian regarding Standard Operating Policy and Procedure No. 6.2.1, Use of City Vehicles; and Providing an Effective Date. S. Resolution No. 10-765: A Resolution of the Mayor and the City Council of the City of Meridian Amending the Standard Operating Policy Procedure No. 3.4.5 relating to On-Call/Call Out Duties and Compensation; and Providing an Effective Date T. Resolution No. 10-766: A Resolution Of the Mayor And Council Of The City Of Meridian, Idaho, Approving The City Of Meridian Staff Participation In The Meridian Development Corporation's Destination Downtown Plan 6. Community Items/Presentations A. Community Awards Presentation to Public Works Employees Crystal Green and Thomas Lee 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda -Tuesday, December 21, 2010 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Action Items A. Public Hearing: MDA 10-010 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Modify the Existing Development Agreement to Update the Owner Information and Development Plan Approved B. Public Hearing: VAR 10-002 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Variance to UDC 11-3H-4B to Allow aRight-in /Right-out Access Point to/from the Site Via Eagle Road Between Pine Avenue and Commercial Street Approved 9. Ordinances A. Ordinance No. 10-1468: Animal Control Ordinance Update Approved B. Ordinance No. 10-1469: An Ordinance Of The City Of Meridian Repealing And Replacing Ordinance No. 1458; Providing For A New Chapter, Chapter 7, Of Title 2 Of The Meridian City Code, Relating To The Establishment, Duties And Powers, Membership, Organization, Meetings, And Hearing Procedures Of The Board Of Adjustment Approved 10. Roll-call Attendance of Planning & Zoning Commissioners X Tom O'Brien O Vacant X Michael Rohm X Joe Marshall X Scott Freeman 10. Reformatting and Update of the City's Comprehensive Plan Adjourned at 8:03 p.m. Meridian City Council Meeting Agenda -Tuesday, December 21, 2010 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting December 21 2010 A Council meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 21, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Jaycee Holman, Bill Nary, Anna Canning, Pete Friedman, Bill Parsons, Sonya Watters, Mark Niemeyer, Tom Barry, Joe Silva, Jeff Lavey, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: I will go ahead and call tonight's meeting to order. First I would like to welcome all of you to the City Council meeting. For the record it is Tuesday, December 21st. It's 6:00 o'clock. It's just a couple days before Christmas. I hope you're all ready. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with MGT Legacy Church de Weerd: Item No. 3 is our community invocation. Tonight we will be led in the invocation by Pastor Burton Roberts. It's a pleasure to see you. And we ask you to join us in the invocation or take this as opportunity for a moment of reflection. Pastor. Roberts: Thank you, Madam Mayor. Our most gracious and kind Heavenly Father, it's so easy to come to you at this time of the year and be thankful in our hearts for all that you have provided for us. For the special occasion and gift of your Son Jesus Christ. We celebrate Christmas. May it truly be a time when we learn the real meaning of Christmas and that loving and caring hearts just constantly be a part of our lives in these days. We ask, Father, for your special watchcase this time tonight as the city fathers come together and Mayor to -- to discuss and work on the things of life. Give them the wisdom, the guidance, and the knowledge that can come from you. Bless Meridian City Council December 21, 2010 Page 2 of 38 them with health and strength, cause each one of us this day to be thankful for all of your many blessings. We ask these things in Jesus' wonderful name, amen. Item 4; Adoption of the Agenda de Weerd: Thank you for being here this evening agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Item No. 4 is the adoption of the Hoaglun: A couple items on the agenda to make note of. Under the Consent Agenda, Item 5-P, that resolution number is 10-762. 5-Q is resolution number 10-763. R is resolution number 10-764. S is resolution number 10-765. T is resolution number 10- 766. And also under Item 9, Ordinances, 9-A is ordinance number 10-1468 and 9-B is ordinance number 10-1469. So, with those changes, Madam Mayor, I move adoption of tonight's agenda. Rountree: Second. de Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of December 7, 2010 Pre-Council Meeting B. Approve Minutes of December 7, 2010 City Council Regular Meeting C. Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road by Idaho Self Storage-Linder D. Water Main Easement for Bayside Taylor Commerce Park Subdivision Located at the Northwest Corner of N. West 10th Street and W. Taylor Ave., by Bayside Capital Co., for Access to the New Fire Hydrant E. Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road for Access to the New Fire Hydrant Being Installed at the Location Meridian City Council December 21, 2010 Page 3 of 38 F. Sewer & Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road by Idaho Self Storage-Linder G. Sewer & Water Main Easement for Bayside Taylor Commerce Park Subdivision Located at the Northwest Corner of N. West 10th Street and W. Taylor Ave., by Bayside Capital Co. H. Sanitary Sewer and Water Main Easement Agreement and Permanent Easement Contract with Carolee A. Fusselman for a Not-to-Exceed Amount of $5,914.20 I. Dog Licensing Designee Agreements (6) Effective January 1, 2011 through December 31, 2011 ^ Pet Care Clinic - 1151 E. Fairview, Meridian ID 83642 ^ All Valley Animal Care - 2326 E. Cinema Drive, Meridian ID 83642 ^ Meridian Vet Hospital - 421 W. Franklin, Meridian ID 83642 ^ Settlers Park Veterinary - 3220 N. Meridian Rd., Meridian ID 83646 ^ Treasure Valley Veterinary Hospital - 2600 S. Meridian Rd., Meridian ID 83642 ^ Intermountain Pet Hospital - 800 W. Overland Rd., Meridian ID 83642 J. Meridian Food Bank Community Development Block Grant (CDBG) PY2010 Subrecipient Agreement K. Meridian Arts Commission 2010 Annual Report L. Findings of Fact, Conclusions of Law for Approval: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South M. Findings of Fact, Conclusions of Law for Approval: PP 10-004 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 301 Residential Lots, 1 School Lot and 38 Common Lots on Approximately 120.6 Acres in an R-4 Zone for Volterra Subdivision North Meridian City Council December 21, 2010 Page 4 of 38 N. Findings of Fact, Conclusions of Law for Approval: PP 10-005 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 194 Residential Lots, 10 Commercial Lots and 22 Common Lots on Approximately 80.4 Acres in a Proposed C-G, L-O and Proposed R-8 Zones for Volterra Subdivision South O. Findings of Fact, Conclusions of Law for Approval: MDA 10- 009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement P. Resolution No. 10-762: Adoption of the 2011 Initial Point Gallery Schedule Q. Resolution No. 10-763: A Resolution of the Mayor and the City Council of the City of Meridian, Adopting changes to the Cross Connection Control Program; and providing an effective date R. Resolution No. 10-764: A Resolution of the Mayor and the City Council of the City of Meridian regarding Standard Operating Policy and Procedure No. 6.2.1, Use of City Vehicles; and Providing an Effective Date. S. Resolution No. 10-765: A Resolution of the Mayor and the City Council of the City of Meridian Amending the Standard Operating Policy Procedure No. 3.4.5 relating to On-Call/Call Out Duties and Compensation; and Providing an Effective Date T. Resolution No. 10-766: A Resolution Of the Mayor And Council Of The City Of Meridian, Idaho, Approving The City Of Meridian Staff Participation In The Meridian Development Corporation's Destination Downtown Plan de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor, under the Consent Agenda, as I just noted, 5-P is resolution 10-762. Q is resolution number 10-763. R is resolution 10-764. S is resolution 10-765. And T is resolution number 10-766. With those additions I move approval of tonight's Consent Agenda and the Mayor be authorized to sign and Clerk to attest. Rountree: Second. Meridian City Council December 21, 2010 Page 5 of 38 de Weerd: Thank you. I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: Atl ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Community Awards Presentation to Public Works Employees Crystal Green and Thomas Lee de Weerd: Item 6 is our community items presentation. Tonight we have a presentation within our Public Works Department and, Mr. Dees, I will ask for you to -- and Iwill just be your Vanna and present the award. Dees: Madam Mayor, Members of the Council, it's my great pleasure to do this this evening. We are proud of everybody we have, just at the onset I want to tell you that. Proud of everybody we have in Public Works particularly in the water and wastewater divisions. They do an outstanding job each and every day for the citizens of Meridian. We want to recognize two of them this evening and I'm going to call them forward now to embarrass them at the most -- as much as I can. So, Crystal Green and Tom Lee, will you, please, come forward. While they are coming forward let me tell you what happened to these guys. The southwest operators section of the Pacific Northwest Clean Water Association -- now there is a mouthful -- these are two of the member associations that we belong to -- have voted these folks as operator of the year -- collection system operator of the year and laboratory analyst of the year for the year 2010 and that's kind of a big deal for us. Tom Lee got the collection system operator of the year award. He got that award because when he first came to us we made him the -- eventually made him the collection system manager and he was tasked to develop a cleaning and inspection schedule or system for our collection system that we have in wastewater. Well, he did that and he used the new truck that the Council was gracious enough to let us buy -- new trucks I should say, both the television van and the cleaning machine, and with that he had identified some 200 man holes that had a thing called infiltration. That's a leak. He went aggressively after those man holes to stop the leaks and in so doing he managed to stop 420,000 gallons from coming into our treatment plant, which for us is a huge deal, because as you know we are much limited on our -- the amount of flow we can take into the treatment plant. So, he gained a lot of capacity just by his aggressive action looking after those man holes and we certainly appreciate that. He continues on, because he's got an aggressive campaign to continue that work throughout a next number of years and, hopefully, you will see a lot greater results of that because of his actions. Do you want me to tell about that other person, too, while I'm just -- do both at once, Vanna? I mean Mayor. Sorry. Crystal Green is the southwest operator section, Pacific Northwest Clean Water Association analyst of the Meridian City Council December 21, 2010 Page 6 of 38 year and we appreciate that very much. She does a lot of things in the lab. She's not only community minded, she works in the community for a lot of things that helps make Meridian a great place to live. She does some terrific work in the laboratory. One of the things she does is the microbiological testing for Meridian Parks Department for the splash pad and that sort of thing. So, she provides the folks the results of that, so we can keep that safe for our children and those folks using those facilities. She also helped ACHD identify some 500 storm drains by marking them and the way she did that is she used the Boy Scouts and Girl Scouts, as well as the Idaho Youth Conservation corps to go out and mark those things to alert the community what goes into those storm drains, because it eventually winds up into the river. Through that education campaign we have got -- we have got a pretty aggressive storm system campaign going on and she's the one who did that. She organized it sort of all by herself. I'll tell you a couple other things about Crystal. She's very ambitious. She's earned several professional licenses since she's been working for us and she managed to complete her masters degree just this month from the University of Idaho, is that correct? And she wanted me to tell you that she's gone 20 years -- now, think about that. Look how old she is. Twenty years without making a B. She's made straight A's for the last 20 years, except for -- except for in the first grade she got a needs improvement on penmanship. Now, I don't know how you resolve all that, but we certainly congratulate you for all your things and we have some plaques for you and, Mayor de Weerd, if you would like to award those, that would be terrific. First of all, a round of applause for them. de Weerd: I'll give you the wrapping. Dees: It was our best wrapping we could find. Again, congratulations. Madam Mayor, we -- oh, you want to say something? Hoaglun: Chief Lavey, would you bring that up here, please. Thanks. My wife brought it in for me. I just had her put it back there. It's not a bomb. The chief was thinking that someone put a bomb back there. An unidentified package, so -- I want to take ownership of that package, so -- she runs in, drops it on the table and takes off. It looks real good. de Weerd: I would like to thank the employees before they hustle out the door. You don't have to stay, but we appreciate all you do. We know that you do a lot with -- we have a lot of tasks for our employees and we appreciate each and every one of you and you're the ones that make us look good and so I just want to extend our gratitude to what you do in your day to day responsibilities and the pride that you take in what you do and that was very evident in what we heard tonight, but our -- our heart felt thanks for what you do. So, thank you. Item 7: Items Moved From Consent Agenda de Weerd: Okay. There were no items moved from the Consent Agenda. Item 8; Action Items Meridian City Council December 2l, 2010 Page 7 of 38 A. Public Hearing: MDA 10-010 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Modify the Existing Development Agreement to Update the Owner Information and Development Plan B. Public Hearing: VAR 10-002 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Variance to UDC 11-3H-4B to Allow aRight-in /Right-out Access Point to/from the Site Via Eagle Road Between Pine Avenue and Commercial Street de Weerd: So, we will move right into Item No. 8, our Action Items. I will open up the two public hearings on Items 8-A and 8-B, MDA 10-101 and VAR 10-002. I will ask for staff comments at this time. And, Anna, you're trying to distract us again. You have quite the extensive hat collection. Wafters: Madam Mayor, Members of the Council, the first application before you is a modification to the development agreement for Pinebridge approved with the previous rezone of this property. Since the subject property is no longer part of the Pinebridge development, a new development agreement is proposed that will only apply to the subject property. The second application is for a variance to Unified Development Code 11-3H-4B2 for one right-in, right-out access to and from the site by via State Highway 55, Eagle Road, midway between Pine and Commercial. This site is -- consists of 60 -- excuse me -- 35 acres in size. It's currently zoned C-G and is located on the southwest corner of Pine and State Highway 55, Eagle Road. This is the development plan for Pinebridge. The subject property is outlined in red. Summary of the development agreement modification request. When the property was rezoned in 2007 as part of the Pinebridge development, it was included in the Pinebridge DA. Subsequently, the subject property was purchased by the applicant and is proposed to develop as a distribution center and corporate campus for Scentsy. Thus, the new owner-applicant wishes to separate this property from the existing development agreement and record a new development agreement solely for this property and to include a new conceptual development plan. The applicant has submitted a modified version of the existing development agreement, which reflects the new ownership of the property, proposed development plan, and removal of conditions that are no longer applicable. Please refer to Exhibit A-3 of the staff report. The applicant proposes to be allowed to construct a distribution center, which is classified as an accessory use in a C-G, district, prior to construction of the office tower and auditorium and fitness center, which are classified as principal permitted uses in the C-G district. Because Scentsy is constructing a new warehouse directly to the south, it is integrally related to the distribution facility and because construction of one of the principal permitted uses is proposed to commence within 30 days of completion of the distribution facility, staff is supportive of this provision. Staff has included recommended modifications to the development agreement provisions proposed by the applicant, then, included in the Exhibit A-4 of the staff report as follows: The first is removal of the specific design standards, as all future Meridian City Council December 21, 2010 Page 8 of 38 development is required to comply with the design standards listed in the UDC, as well as the guidelines in the City of Meridian design manual. And, two, inclusion of Public Works development requirements. Just to note that the Public Works Department did request DA provision number 5.1.14 be stricken, as it is not applicable to this property and just one other side note. There are some existing planter islands that have been constructed adjacent to this property and Pine Avenue here and staff would just like to add a provision that the applicant work with the developer of Pinebridge to clarify when and by whom the planter islands will be landscaped and maintained and, then, have them address this in writing to us prior to occupancy of the first structure on the site. A summary of the variance request. A variance to Unified Development Code 11-3H-4B2 is requested, which requires the owner to develop or otherwise acquire access to a street other than the state highway when a change or increase in intensity of use is proposed. Applicant proposes one right-in, right-out access to and from the site via State Highway 55 midway between Pine and Commercial with a right turn deceleration lane southbound on State Highway 55. the Idaho Transportation Department has already approved this access as proposed by the applicant. And here is just a proposed access lane configuration here. The traffic impact analysis submitted with this application evaluates the intersection of Eagle and Pine and the traffic impact with an access as proposed. The study surmises the right-in, right-out would reduce traffic at the Pine-Eagle intersection, lower the average delay, and reduce the right turn traffic approximately 12 percent during the p.m. peak hours, resulting in queue length reduction and an overall improvement in site circulation. Additionally, the access is projected to reduce the number of conflicts and likelihood for potential crashes at the intersection due to a reduction in traffic. Just want to back up a little bit here. On the development agreement modification portion of the application this is Scentsy's master plan for the site. Building A is the -- this is the structure they propose to develop first, the distribution center, and, then, these are the proposed building elevations for the distribution center, the auditorium, and fitness center and the office tower. And those will be included in the new development agreement for the property. Written testimony has been received from COMPASS on this application after the staff report was transmitted and I'm just going to read off some of the comments that were in that written testimony. The first is concern about setting a precedent by approving additional access points where multiple accesses already exist. The second, along with the deceleration lane and acceleration lane would also be a solution to increased safety for drivers merging into traffic at high speeds. The third is the proximity of the proposed access in relation to an existing large message sign that spans the roadway, possibly causing distraction to traffic and support beams for the sign that may interfere with the driver's line of sight. And the last one is Valley Regional Transit has planned for a future bus service along Eagle Road. Note that the city has requested consideration of bus service on Pine. Comments in regard to the bus service are follows: One, the closer the buildings are to Eagle Road the shorter the walk to a future bus stop. Two, a five foot by eight foot paved landing connecting to the curb and sidewalk would give Valley Regional Transit an ADA compliant location for a bus stop. And, third, the current design of the right-in turn lane not .allow the bus stop at the development entrance, because it cannot get back onto Eagle Road without going through the parking lot. The bus stop would need to be located between the entrance and Commercial Street or at Meridian City Council December 21, 2010 Page 9 of 38 the intersection of Eagle and Commercial. Valley Regional Transit planned service will not be implemented until funding becomes available. No specific dates or time frame have been established. Staff is recommending approval of the subject application per the findings in Exhibit B of the staff report. Staff will stand for any questions Council may have at this time. de Weerd: Okay. Thank you. Council, any questions at this point? Rountree: I have none. Bird: I have none. de Weerd: Okay. Is the application here this evening? Well, welcome. If you will, please, state your name and address for the record. Johnson: Yes. Madam Mayor and Council. My name is Sam Johnson. I represent H.O.T.1, LLC, and address is 3698 East Lanark, Meridian, Idaho. 83642. de Weerd: Thank you. Broadbent: Madam Mayor de Weerd and Members of the Council, I am Phil Broadbent. I'm general counsel for Scentsy. I reside at 913 River Heights Drive, Meridian. de Weerd: Thank you, Phil. Broadbent: Well, thank you. I'd like to first of all thank your -- thank you for allowing us to be on your agenda tonight, as well as thank your staff for the time and effort that they put into helping us with these two applications. We appreciate their efforts and their guidance. H.O.T.1, LLC, stands for Heidi and Orville Thompson and they are the owners -- they are, as well, the owners of Scentsy. You probably know of Scentsy being here close by and know of the tremendous growth that is occurring within that company. We are working to develop a new corporate campus for Scentsy to reside with all of its growth in a confined area. We have crossed a milestone this year. This summer we moved from one building and now we are in three, because of the growth and needs of our company and we hope to create this campus so that we can all be in the same -- we will all be in different buildings, but we will all be within walking distance and be able to function easily from department to department. The reason we require or requested, excuse me, the development agreement modification is that we would like to stand on our own and make the development agreement applicable to what our site plan is -- what our sight plan will do for us as a company and fulfill our goals as a development. We hope that this -- this development agreement only covers a portion of what our corporate campus is planned to -- planned to be. You can see here on this map that it's showing 35 acres, which we have purchased as part of the Pinebridge Subdivision and we have also purchased 13 acres just to the south across the private street of Commercial. Together 38 acres we hope to be a dynamic corporate campus and we will show you a few more slides here in a few minutes. The variance -- the Meridian City Council December 21, 2010 Page 10 of 38 variance application is, as stated by staff, a request to have additional access points onto Eagle Road and we have -- the previous owners had taken the initiative and gotten a permit from ITD and just recently when we have closed on the property we have transferred that permit into the name of H.O.T.1, LLC, and we request that you grant us the approval to this variance. We believe that this access point will improve the traffic flow for peak hours coming and going from this corporate campus and not hinder any public safety issues and traffic. We would like to give you a brief overview of what the entire campus will look like or at least as conceptually planned. A lot of these images are very conceptual, ever flowing, and always -- always subject to change a little bit, but we feel like we have narrowed it down enough that we'd like to present it to you tonight. This is a current view of the entire 48 acre campus. You can see the bottom portion is the 13 acres which we purchased from Elixer Industries. It has a couple of existing buildings on it and, then, the north portion of it is the subject property tonight, 35 acres of -- part of Pinebridge. Next slide. This is the existing manufacturing building that we just moved into this past summer. It's the old Elixer Industries building and this is what it looks like now. And next slide. And this is what we hope it will look like here this coming spring. And this architecture is based off of what we have decided to -- to model our theme for the entire campus. It's very -- it's a -- it's just simple changes, but dramatic and, hopefully, be an improvement to what people can see from Eagle Road. Next slide. This is another view of that same facility. And next slide. This is a new warehouse that we are currently building now. You can -- you probably noticed the few concrete panel walls standing up out there. This is just west of that existing building. We are pushing hard to have that warehouse ready for our needs come February. Next slide. This is another view of that same facility. And this building here is -- the small building that's up close to Eagle Road, it's a small warehouse and it -- next slide. Here is just a couple angles of what we are proposing to do. Now we move north of the -- of the commercial road and that very large building on the left is the distribution center and this is something that our proposed look of that building, although the colors aren't applied, you will see here in a few more slides, just gives you several different angles and viewpoints of what that building may look like. And -- go back. There you go. That's kind of the color schemes that we are looking at with this building and we are currently under a -- we are actually almost ready to submit this building for construction approval, granting everything works out well here tonight. Moving further east from that distribution center is the office tower that the next building, which is Building B in our development agreement. Here is a few -- a couple of viewpoints of what that building will look like. Go ahead. Next slide. And a couple advantage points of how the plaza spaces will work around that -- that building. As you see here there is a -- there is kind of a daylight basement. It's proposed to be a six story building, but the first story will be, basically, a basement. We are able to hold a -- we hope to be a world class employee cafeteria and provide meals for employees and employee families. So, then, you would see the five stories above the ground and, again, this is -- this is our -- our shell of what the building will look like, but things are not completely figured out yet and still conceptual in nature. Here is a color rendering of what that might look like. Next slide. This -- this view here is -- you can see Commercial Street on the bottom. Pine is up on the top. And it kind of gives you an idea of what the relationship between these next two buildings -- this auditorium and fitness center or event center. Currently Scentsy Meridian City Council December 21, 2010 Page 11 of 38 has an employee gym that all employees are able to go to and even spouses and very -- our intent here with is auditorium and fitness center is to have a place that we can exercise and kind of amulti-purpose building. Having an auditorium large enough for -- for employee meetings and maybe even community events and these here will go through fairly quickly. This is a -- this is that park area, the plaza area that's between the two buildings and these next few slides are some computer graphics of what that space -- what we are hoping to achieve when we construct that space. It's going to be kind of a recessed area, like I said, a daylight basement type of effect and plaza and green space all intermingled. And with that, that gives you a flavor of what our plans are and as a -- as a corporate campus and stand for any questions. de Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Mr. Johnson, did you have any comments with respect to the recommendations from staff? Johnson: We believe that all -- we are in agreement with all of the recommendations that they have put into the DA. Rountree: On the right-in and right-out on -- go ahead. Broadbent: I was just going to mention that they eliminated item number 14 on their proposal, it's -- I don't know if it's crossed out on your copy. It's not on mine, but they eliminated that requirement. de Weerd: So, on 5.1.14? Rountree: Yeah. de Weerd: Yes. Rountree: That's noted. de Weerd: Thank you. Rountree: On the right-in and right-out on Eagle Road -- I should know this, but when drive the road I'm kind of blind to it, because of the traffic. Is there a median there at this point? Johnson: There is not a median right now. As far as I'm aware the plan with ITD is to put a median in in 2013. Meridian City Council December 21, 2010 Page 12 of 38 Rountree: That's my understanding as well. Just a note of caution and these Iamb chops as they are kind of referred to simply don't work. They don't work. We have got aerial photos of people making left-hand turns in the right-out, we have people making left-hand turns in the right-in. So, I don't know if there is a design configuration that makes them work a little better and I -- I noticed you have your traffic engineer tonight, but just -- it's a point of caution, because it's -- it's a safety issue for your employees and your customers, if they are using that. So, I just point that out that they are allowed and ITD approves them, but they just don't work. Johnson: We will definitely take that into consideration as we design it. Rountree: Thank you. Johnson: The hope is that they discourage at least some. Rountree: They do. de Weerd: Mr. Zaremba. Zaremba: Thank you for the presentation. This is an exciting thing coming along here for you and for Meridian I'm sure. Just one observation. We have had other projects that have suggested basements or daylight basements and things. I don't know if you have had a geologist or an engineer or whatever it is that needs to do it, but a number of them thought they were going to do that have run into a high water table and stopped doing that and just a word of caution, before you put too much effort -- as attractive as it is before you put too much effort into it, make sure you're not going to be stopped by the water table. Johnson: I appreciate that very much. We are actually in the thick of that analysis right now. We believe that we can -- we can achieve what our plan is -- maybe some slight modifications, but it is -- the high water table is a little issue, but it's -- we are finding it's ten, 12 feet down and we feel -- we are not going to be going down that far, so -- one of the things we are doing is on the high side we are actually -- it's mostly fill, so the high side is really not -- and we are not digging down for the bottom floor, we are pushing up for the other side of the basement. Zaremba: Great. Thank you. Hoaglun: Madam Mayor. Sonya, can we go back to slide 35 I think. The one that kind of gives us the overview? Watters: Thirty-five on the applicant's? Hoaglun: Yes. Watters: Yeah. Give me just a minute here. Meridian City Council December 21, 2010 Page 13 of 38 Hoaglun: Okay. My question is -- I saw it. It was up for a little bit, but not long enough. I just wanted to be certain -- it looks like you had access -- if you have got folks in the building you're rehab'ing right now -- I call it the old Club Warehouse one, because it was way back when. That if they are there and they want to go left on Eagle, are they able to go through -- and it looked like they were able to go through the campus to get to Pine, so, then, they can go left to head north on Eagle Road. It looked like. I just -- i just wanted to be sure, so -- Johnson: Yeah. That's definitely -- we have a few thoroughfares through the parking lot. We tried to -- we want to discourage that their -- that their street looking, but at least gives them a path to access Pine, because when that median is -- is in place it's going to -- the median in Eagle is going to definitely restrict them. ITD this -- actually, this last month or so placed signs on Eagle Road -- all access points currently now have a sign that says, you know, no left turn allowed. But traffic will be able to access Pine from even the south portion. Hoaglun: Yeah. In long term -- and, Sam, is Commercial Street -- is that going to dead end down there or is that going to swing back out to Pine in a long term plan or what -- Johnson: Not sure, actually. With the purchase of this 35 acres we actually do own this portion of Commercial now. This quarter mile section of Commercial is also private. Right now it currently goes and dead ends -- it's a very odd dead end and intersection on the -- you know, a couple feet away from ACRD right of way. But things don't line up. We don't own that portion -- that westerly portion of Commercial, so we are not quite sure what that -- what that plan will be in the future. Hoaglun: But overall it looks very nice. de Weerd: Thank you. Any further questions? Zaremba: Just one other observation, if I may. It looks like the additional portion below -- or south of Commercial, the southern boundary would be along the railroad track right of way. Johnson: Yeah. Zaremba: It doesn't look by the drawing that you're taking advantage of that. Is there any thought that at some day you might supply or ship using the rail line? Johnson: That's one of the very main reasons that we wanted this -- this location and I failed to mention that in the presentation. Our manufacturing right now is growing so rapidly that we need to -- we need to supply our raw materials -- mainly wax -- by rail. We need to switch to that type of a system. So, that was the main reason for purchasing this property. We are just starting with the construction of bringing -- bringing anew rail spur off of the main rail line. It will run -- you can -- that curved line Meridian City Council December 21, 2010 Page 14 of 38 that shows is generally representative of the new railroad path. It will not curve back to where the Scentsy logo is, it will dead end there, but it will connect further to the west and we will be getting our raw goods and raw wax from rail cars. Zaremba: Cool. Thank you. de Weerd: Well, I guess an additional note at that time and certainly one we hope to have conversations with you on is we are having discussions with the railroad about a multi-use pathway and I believe I had mentioned that in our meeting that it's going to be a corridor to move goods and services that also we hope to move a workforce, at least give them another option of how to get to and from work and points of interest. So, we would love to work with you on that as well. Broadbent: We have already been thinking about that issue as to some day maybe that will be access for people and how to implement that into the campus. de Weerd: Very good. Okay. Council, any other questions? Thank you so much. Johnson: Thank you. de Weerd: This is a public hearing. Is there any member of the public who would like to offer testimony on this item? I do have a couple of people who signed as -- on the sign- up sheet. Pam Golden with ITD signed up as neutral. Would you like to comment? Please. If you will, please, state your name and address for the record. Golden: Good evening. I'm Pam Golden with ITD District Three, 8150 Chinden Boulevard. I just wanted to shed some light on the Eagle Road issue. The pork chop, Iamb chop that you see is actually painted. The permit that they received requires them to build a median from Pine clear to Commercial that is of the same style as that median that's in the south of Franklin, so it will be physically restricted from turning left. To address some of the comments from COMPASS, which don't seem to be a real big issue, but we typically don't like acceleration lanes in this situation. The speed on Eagle Road, while posted at 50 miles an hour, during peak periods is 50 miles an hour. People don't use them like they should, so they create more of a problem. The DMS sign is actually to the right of the exiting driver. We don't foresee any issues with sight distance. And as far as bus service on Eagle Road, that's a bridge yet to be crossed. If bus service is to be on Eagle Road it will probably require pull outs, because that's a high speed, high volume road and we don't want people standing right up next to it, so -- so, if there is any questions. Hoaglun: That answered all of mine. Thank you. de Weerd: Okay. Thank you for that clarification, Pam. Gary Funkhauser also signed up and I think his message already was delivered; right? Thank you, Gary. Okay. Any other testimony on this item? Okay. Any final comments from the applicant? Meridian City Council December 21, 2010 Page 15 of 38 Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Items 8-A and B. Zaremba: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Just to comment, the fantastic success of Scentsy and their willingness and desire to engage in this kind of a campus in the City of Meridian is truly a blessing, particularly this time of year and these times. So, thank you all. Having said that, move that we approve item 8-A for the MDA 10-010. Bird: Second. de Weerd: I have a motion and a second on Item 8-A. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-B for the variance 10-002. Bird: Second. de Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council December 21, 2010 Page 16 of 38 MOTION CARRIED: ALL AYES. de Weerd: I, too, would like to offer my appreciation to the team that was here, but also the team that's been working with -- our building department, our planning department, the communication has been phenomena. We appreciate you including us as a member of your team, because certainly your success is our success and vice-versa. We understand that and we have appreciated Orville and Heidi's commitment to this community and to the Treasure Valley, to the state of Idaho. All four of their locations have been in Meridian and it's great to see them locating their long-term vision in our community and bringing the kind of investment and commitment to this area that we hope we can return to them as well. So, thank you for being here before Christmas and we wish you a Merry Christmas. Hoaglun: Madam Mayor, I just might want to add that, you know, the use of the auditorium, they offered a community event, maybe we will have a Mayor's State of the City address there some day. de Weerd: I think I have already mentioned that to them. It's rare that we have any kind of facility we do anything of size in. So, thanks again. And, please, convey our thanks as well. Thank you. Item 9: Ordinances A. Ordinance No. 10-1468: Animal Control Ordinance Update B. Ordinance No. 10-1469: An Ordinance Of The City Of Meridian Repealing And Replacing Ordinance No. 1458; Providing For A New Chapter, Chapter 7, Of Title 2 Of The Meridian City Code, Relating To The Establishment, Duties And Powers, Membership, Organization, Meetings, And Hearing Procedures Of The Board Of Adjustment de Weerd: Okay. Item 9 we have under ordinances Item 9-A and 9-B, proposed ordinances number 10-1468 and 10-1469. Madam Clerk, if you will read these two ordinances by title only at this point. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 10-1468, an ordinance of the City of Meridian repealing and replacing Chapter 2, Title 6, of the Meridian City Code, relating to animal control, including definitions, animal control officer, city dog pound, City of Meridian dog license, impoundment. reclamation, and relinquishment of dogs, declaration of abandonment, declaration of vicious dog, requirements for vicious dogs, livestock harbored on private property, prohibited acts, providing a savings clause, providing for a waiver of the reading rules and providing an effective date. Meridian City Council December 21, 2010 Page 17 of 38 Holman: City of Meridian Ordinance No. 10-1469. An ordinance of the City of Meridian repealing and replacing ordinance number 1458, providing for a new chapter, Chapter 7 of Title 2 of the Meridian City Code, relating to the establishment, duties and powers, membership, organization, meetings, and hearing procedures of the board of adjustment and right to appeal. Replealing Title 9, Chapter 1, Section 17 of the Meridian City Code regarding the board of appraisers and replacing with a new Title 9, Chapter 1, Section 17 relating to dispute resolution, amending Title 8, Chapter 1, Section 19, relating to establishment of meter installation fees, amending Title 9, Chapter 1, Section 21, relating to termination of service, notice, and right to hearing. Amending Title 9, Chapter 2, Section 1 through 4 of the Meridian City Code relating to definitions, repealing Title 9, Chapter 2, Section 3 through 7 of the Meridian City Code regarding appeals of wastewater discharge permits for the board of appraisers and replacing with a new Title 9, Chapter 2, Section 3 through 7 relating to appeals of wastewater discharge permits before the board of adjustment. Repealing Title 9, Chapter 4, Section 20 of the Meridian City Code relating to the board of appraisers. Repealing Title 9, Chapter 4, Section 21 of the Meridian City Code regarding sewer charge appraisal and replacing with a new Title 9, Chapter 4, Section 21, relating to sewer charge appraisal before the board of adjustment. Providing for a savings clause and providing an effective date. de Weerd: You have heard these two ordinances read by title only and you can see how exciting they are. Is there anyone who would like to hear them read in their entirety? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve ordinance number 10-1468 with suspension of rules. Hoaglun: Second. de Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Thank you to our city attorney and to our chief for getting that done. Okay. Bird: Madam Mayor? de Weerd: Yes, Mr. Bird. Meridian City Council December 21, 2010 Page 18 of 38 Bird: I move we approve ordinance number 10-1469 with suspension of rules. Hoaglun: Second. de Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: At this point we will invite the Planning and Zoning Commissioners to join us. We will recess for five minutes. (Recess: 6:47 p.m. to 6:54 p.m.) Item 10: Roll-call Attendance of Planning & Zoning Commissioners X Tom O'Brien X Michael Rohm X Scott Freeman O Vacant X Joe Marshall Item 10: Reformatting and Update of the City's Comprehensive Plan de Weerd: Okay. I will just call this meeting back to order. I'd like to welcome our Planning and Zoning Commission here with us tonight and I will ask, Madam Clerk, to call roll for the Planning and Zoning Commission. de Weerd: Thank you. At this point I will turn this over to Anna for -- to the queen. I think Cindy Luhu or -- over there on Item 11 on reformatting and update of the city's Comprehensive Plan. Canning: Madam Mayor, thank you. And Council Members and Planning Commissioners. I wanted to jump in before Caleb starts talking to you, because I don't know if all of you have met Brian. But this is Brian McClure, he is full time as of today and I brought my whole bag of hats in today and Brian had one on most of the day, but we thought it was best if he didn't come to his first Council and Planning Commission meeting with a hat on, but he -- de Weerd: I think it would have made a big hit. Canning: And with that I'd like to segue into Mr. Hood, who has got a great hit of a Comp Plan for you today. You know, we have been hoping to reformat this Comp Plan Meridian City Council December 21, 2010 Page 19 of 38 for awhile. We wanted to make it consistent with the strategic plan and to really meld it with the other city documents and Caleb is here to describe those efforts to you today. de Weerd: And that's why he didn't wear the hat, because hats off to you, Caleb. This is really a monster job. Hood: Well, Anna just about stole all my thunder. That's what I was going to talk about tonight. And Iwill -- I will try to keep this fairly brief, but you will have to bear with me, because there is a lot to go through and this is an important document for the city, so I don't want to just gloss right over it without -- at least allowing you the opportunity to ask questions or provide comments into this process. It's not really a presentation, this is a workshop, so stop me at anytime if you have questions or comments. It could be on what we are -- what I'm speaking or trying to direct your attention to or you may be reading other things and thoughts come your mind, so, please, feel free at anytime to just jump in. I do want to segue from Anna into the existing conditions report, because last time you were all together was in May and we talked about this document. Well, this document has been updated with some of the comments I received from you all, from the general public, from our website, we had all the department directors look at this document as well and so we have made some of those changes. Zaremba: Caleb, for the record just say what that document is, please. Hood: Existing conditions report. Sorry. It's the existing conditions report. This contains a lot of background information that led up to the actual comp plan itself. So, that's just kind of how these documents are going to work in concert. We tried to take a lot of the background information out of the Comp Plan itself and use the Comp Plan more for the policy statements and the action items and what we are trying to accomplish moving forward. So, again, I'm not going to spend any time tonight, but it is on the city's website to go to www.meridiancity.org\compplan, there is a hyper link, and you can look at the most current version of this document. You will also have an opportunity to look at those revisions as we bring both of these documents back before you, the Planning and Zoning Commission probably sometime February, maybe March, and, then, the Council a month or maybe two after that. So, both these documents will be before you and the public for official review in the next few months anyways. So, just wanted to kind of bring you up to speed on that. de Weerd: Caleb, I also would note we do have most of the directors here this evening for comment, so same rules applies to you, if you have comments just jump right in there. Make sure I see you and we will get those comments on the record, too. Hood: t did also want, for the record, just to note that ACHD did provide me comments last week on a couple of things regarding the comp plan -- or, excuse me, the existing conditions report and a couple of preliminary comments that I think most all of those can be accommodated as well. So, I do have a three page letter from Jeff Lowe, dated November 30th, that I just got and, again, I think we can incorporate most all of their comments into that existing conditions report. So, with that being said I just wanted to Meridian City Council December 21, 2010 Page 20 of 38 explain now what's gone on since May and -- and the outcome of some of the labors that we have been working on. Certainly haven't done it in a vacuum, have had lots of help. Planning staff, based on some feedback received, made some changes to the goals, objectives, and action items in the plan and we will talk about the implementation plan here in just a few minutes. We went through the current Comp Plan and we, basically, pulled out everything we thought was still relevant and good, still applicable to what we do and where we are going as a city and we tried to save all of that. We did wordsmith a lot of this stuff just to make it clear, more concise, to the point. Like I said, hopefully, it is that and you find it that way, too. I know you didn't have a ton of time to maybe read it cover to cover, just getting it Thursday into your mailboxes, but -- but I think it's a better document than what we have on the books right now. So, we also established some working groups to address some specific elements. I also mentioned that last during our last workshop. Arts aren't currently addressed in our 2002 version of the Comp Plan. Economic development needed a big revamp. We had a sustainability group that met. Actually, there were three or four sub groups of sustainability that met. Housing -- we had a housing subcommittee that met. And it wasn't a subcommittee, but I did speak with some health -- healthy initiative folks, the American Heart Association and the Idaho Department of Health and Welfare on some addition goals and action items. So, there were more of a working group, I guess you could say. So, thanks to Molly, she -- she led the charge with Pete on the sustainability groups that I just mentioned. They were a lot of help. Lori Den Hartog with the housing group. Nancy Rountree and Meg Whitman with the arts commission. Adrian Casper. Brenda in the Mayor's office. Robert, Luke, and Shelly all in the Mayor's offices, were a great deal of help in putting this together. And I can't forget Anna and Brian. Brian has been with the city now I think about three months, somewhere right around there, and he's done the pretty picture you see on the screen. It was a photo, I believe, from Shelly, but he formatted this document and kind of made it look -- look nice. I know he's not totally satisfied with its look right now, but it is draft and he's still working on some of the -- the margins and some of the fine tuning and stuff, but I do appreciate his help thus far, so -- and, then, IT has -- I mentioned the website earlier. They have created a specific website just for the comp plan. So, that was I think a great benefit, because, then, you have the ASPX four digit number and nobody can remember that back slash comp plan. Pretty easy to remember. So, that was I think nice. I referred a few people to that after the town hall meeting and I don't know how many hits we have gotten, but -- anyways. So, also internally we had some meetings with the directors and their designees. Some of those were electronic conversations as well. To have them update their policies or action items to reflect what they have got going on in their plans moving forward, so we can, again, make the policies and the actions the most relevant. I also handed out -- we don't -- we are not going to go through it tonight, but I handed out what the Comp Plan implementation table or action plan looked like in 2002, just so you can kind of see what things we are still working on and are still part of this document and what things we have accomplished. I will note that most of them have been updated somewhat. It says modified on some particular ones. If there was substantial modification I put modified there, but most all of them had some wordsmithing involved with them, but the intent of most all of them are still relevant today. I mean there is still things we try to shoot for and achieve, but we have accomplished some things, too. So, that's good to note. I will Meridian City Council December 2l, 2010 Page 21 of 38 also note in that document that is just the 2002 version, so it isn't -- it doesn't include the amendments that we have had since 2007. We have probably processed two or three text amendments per year and probably a couple of those -- one or two of those include some policy changes. But I just wanted to kind of give you a snapshot of what it looked like from the very beginning in 2002 and what we are proposing in 2010, so -- also just some of the outreach and, again, how we have gotten to this point before I actually jump into the meat of this document. The City News, the ValleyTimes, to solicit input in the Comp Plan and also to invite folks to the town hall meeting that was held in October. That was on the 19th at the library. We shared some of preliminary policy changes and asked for feedback on what's important to the community. I also posted a summary of that meeting on the Comp Plan website and updated some of the policies, some of the -- what we heard back from the public during that meeting is in the document that you have in front of you tonight. Did everyone bring their copy, by the way? Everybody's got a copy or has -- can look at it online? Okay. Or on your computer. I mentioned the subcommittees already. We used Facebook, Twitter, This Week In Meridian video and a blog also to kind of get the word out. So, we used, basically, all the tools in our toolbox to get the word out there. This type of thing doesn't excite a lot of people. de Weerd: Until it's in their backyard. Hood: Yeah. And, hopefully, present company excluded from that statement. I hope you all find this -- it may not be the most fun thing to talk about, but -- but I did have -- I did get some good input from those that chose to be involved and, again, haven't -- or able to incorporate that into the draft document. And we are not done. We have another public hearing process. The clerk will do the full noticing and we will see what other comment we may get. So, I will also note that I sent this out to COMPASS, ACHD, Nampa, Boise, Kuna, Eagle, all of the directors over there to just see if they had any comments as well. So, it's out there and hopefully we get some feedback from them as well. So, what changes are proposed? First of all, everybody -- the Mayor mentioned not in my back yard type stuff. We aren't changing anything on the future land use map. That gets a lot of people excited when you start changing land use designations. We are not proposing any changes to the future land use map. So, it is text only changes -- text only changes proposed in the document. There are some changes to the other maps and tables and things in the document, but not the map. Not the future land use map. It's got a brand new format. It doesn't look anything like the 2002 version. It does take some of its form from the existing conditions report, some of the fonts and things are real similar in there. Again, the overall goal was to make it simple, concise, clear, user friendly. The existing conditions report will be an addendum to the Comp Plan. So, it's not -- we didn't take all the meat out and, then, people are saying what are you talking about. I mean it's there, it's just in a separate binding. So, they are, essentially, one and the same, they are just -- you don't have to carry around all that background information with you. It's used to tell the story for the goals, objectives, and action items in the Comp Plan. So, what we have here is a comp plan that's less than 60 pages and it tries to just take the very most raw background description of each element that's required by state code and just kind of get -- give you an idea of why some of the goals and objectives and action items are included in the Meridian City Council December 21, 2010 Page 22 of 38 document, so -- again, it doesn't look -- it doesn't look anything like that current version, but it really does have a similar feel and the message and policy statements are real similar. We haven't flipped it on its head as far as the policy statements go. I'll touch a little bit more on some of the new things we have addressed, though, and allow you some time to comment on those. At the beginning of each chapter -- chapter two through seven we do a quick summary of just that chapter and, then, we hold out the goals and objectives for that -- that chapter, essentially that element. So, public service list all the goals and objectives for that particular subject matter. We thought that was another good way to just give a feel for where we are going with this, so you can tell what the overarching goals and objectives are for each thing. Your action items, then, support how you get to achieving your goals and objectives. I think what I will do now -- that's just some background information. Do you have any questions thus far on anything I have talked about? You might go onto page 77. Thank you. de Weerd: Any questions? Okay. Clear as mud. Hood: So, I'm going to run through real quick -- and we don't want to. If you don't want to do page by page -- but I thought we would scroll through at least a couple of the pages in the implementation plan. Again, this is where a lot of the work will be -- will be done. This is what staff will be working off of -- this will be included in PADs. This will be part of action plans, strategic plans, and -- at least that's the goal is that all city departments can use this document and we will all gather around it and our capital improvements plan will be married to this document and some of the things that we are working on at the staff level will come out of this document. So, we don't have to go through all these, I just want to get you, again, familiar with this document. The far left- hand column on page -- from D-2, it's at the back of the document, the far left-hand column has status priority as the title right now. That will eventually be the priority order for staff to work on, so we will have a low, medium, or high or immediate or intermediate or a long-term goal. We will kind of figure out how to do that when we get to the implementation. But after adoption we will all sit down as departments and figure out who needs to be involved with the action item and if it needs to be done tomorrow or if it's a longer term goal or objective or action item. So, that's kind of that first column. But right now we are using it to just let you know, hey, this is something new. It's not in the 2002 version, it's something that is from scratch we came up with and we want to make sure you're okay with where we are going with some of this stuff. So, that will eventually go away, but that's what that -- the purpose is of that status priority column. You will also notice in the plan if you -- the second -- so, the very last page is the future land use map. The second to the last page is your legend and if you fold it right you can have the legend out while you -- while you flip through each page, so you know what the symbols stand for. That's the intent is that you don't have to go what is does the star mean again and, then, try to find that page. It's right there for you so you can remember what all the symbology means. So, that's pretty cool how that works out. So, that's what we tried to do with the subject line there is put it -- it correlates, essentially, to -- there is 17 elements in state code that have to be addressed in a city's comprehensive plan, so those symbols, essentially, tie back to an element that's required by state code to be addressed. Meridian City Council December 21, 2010 Page 23 of 38 Marshall: Madam Mayor, if I could. Caleb. A quick question for you. The new subject column over there -- I have been looking at that, studying that, and you have got housing, traffic, you know, different areas, but none of them seem to be really associated with individual groups, as in with -- it says over and over that the action items would be assigned people or groups to accomplish these and in the 2002, the responsible party is listed. Mayor's office, planning, legal, police, and who is specifically responsible for each of these, but I don't see that in this. I enjoy the new categorizing, but I'm still not sure who the responsible party is. Hood: Right. And that's something that we talked about as well. I can -- I can tell you the intent -- it's not written in here -- for most all these what department it would correlate to. As I mentioned with the next steps when we all get together and kind of assign these actions items, we will also assign, essentially, departments that are responsible for just going -- like economic development with a dollar sign would be someone from the Mayor's office say. Land use planning. And so on and so forth. So, if there are three or four, then, it would be someone from that department -- and we can explain that -- I mean we can explain that in this document more. Marshall: Would that be in the final product that the public would read? Because if don't know the city and I don't know what you have done, reading through this it doesn't look like you have assigned anything to anyone. Hood: Yeah. No. I think we need to probably clarify that and if there is a question -- if you have a question about it others will, too, so -- that's something we struggled with was do we call it subject or element or -- responsible party doesn't really get back to tying it back to the chapter and recreation or -- or housing, so you assign planning -- you put planning in there, well, that doesn't really say housing, but we are housing, so we could add another column, too, that says responsible party, we just -- it gets -- it gets real tight on formatting, but I think we can explain that. Marshall: I understand and I understand where you're going with that, but at the same time just reading through this -- and which -- to be honest before I was ever involved with any of this I thoroughly read the Comprehensive Plan before I knew anyone here at the city, but several times in the document you say you are going to name the responsible party and so when I get to this -- this section I'm looking for, okay, who is the responsible party, because you said you're going to name that person several times in there -- or a group. And so that -- to me when I was reading it I was really looking for that. Canning: We'll get it done. No problem. We will give it all to Public Works. They are not here. de Weerd: Molly can -- Rountree: Molly just is coming towards you, Anna. Meridian City Council December 21, 2010 Page 24 of 38 Hood: No. That's agood -- and we did play with that. It is something -- and that's the intent. We want to have some accountability for this and it's just -- yeah. We will figure out how to do that, so -- Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: On that subject, Caleb, it seems to me that the appropriate way to do that is to identify the lead department or agency, if it's another agency. I don't know that you necessarily want to say they are responsible, because a good number of these things are going to be done by various departments working together. So, I -- but I agree that the lead that's going to make it happen should be identified. Hood: I think -- Madam Mayor. Councilman Rountree, you will notice this slide probably isn't the best example. There is only one that has two, but we can look at making that lead. We may also think about putting in some parenthesis, some support as well, because there are quite a few of them where it may -- you know, we work together all the time, so just that there is some understanding that -- Rountree: Well, you know, if you're going to use the symbology and you have lumped categories or you have split out subjects, however you want to look at it, it seems to me there are some of these things like public safety, well, that's not just police, that's fire, it's also the emergency management group. Planning has a role in it. Public Works has a role in it in terms of the GIS activities and the people that are working in the field. So, you just can't put a red cross out there and say that's public safety and it doesn't just go in one place, it goes multiple places and -- Hood: To both of your points, though, again, the intent is to kind of make that a lead, not that anyone -- that it is all Public Works responsibility, but they are ultimately charged with following through on that. Rountree: They can move forward with it. Hood: They will need help from Planning or various other departments and agencies, but we will play with that some more. Again, we need to -- once we get through or some buy-in on these statements, I think we can work on, then, which -- who is doing what and that's kind of some of the next steps. Marshall: And, Caleb, the only reason I used the term responsible party is because believe that term was used -- Rountree: In the text. Marshall: -- in the text several times. Meridian City Council December 21, 2010 Page 25 of 38 Hood: Okay. I'll change that or make sure it's clear that -- nobody works in a vacuum here, that it is -- we are all a team and they are the lead or however we are going to word that. So, I said I wasn't going to go through all of these page by page, but just -- if you get some time here in the next couple few weeks. If you can go through and particularly look at the ones that are new and see the comments. You can certainly look at all of them, but some of them should look familiar to you, the ones that don't say new and any comments you have before we actually propose this for adoption to you all, I'd like to talk to you about it or see what your comments are on some of those. I wasn't planning on going through a lot of them. I will highlight maybe just a couple of the things that -- sustainability groups went crazy. They had a lot of stuff in here and I appreciate their work. I do want to just take a minute, because -- I think I mentioned it in May. Our current version of the Comp Plan doesn't talk about being sustainable one time, so we have a bunch of new goals, objectives, and action items that talk about how we can be better at using the resources we have and -- and so I just -- and Chapter -- is it five or six? Five. So, Chapter 5 has a lot of new information, particularly the goals in there. You will see there is a lot of new -- new goals in that chapter. A few pages. So, if you can look at those and all of them -- arts -- again, I mentioned arts. They had some new ones. The housing subcommittee. The housing subcommittee actually just looked at what we had already and spruced them up. I think they maybe come up with one or two new action items, but they said what we have is pretty good, actually. So, they didn't need to start from scratch to do that, they -- we had some good folks from around the valley, real estate agents and low income developers and other public government agencies at the table helping us review those and -- anyways, if you want we can go through each -- each of these slides, too, or I can -- at your leisure you can go through them, but I would ask that if you have anything -- any comments or questions that you would contact me here within the next few weeks. We'd like to get this submitted by mid -- by mid January, anyways, so we can, again, keep to that timeline that I was explaining earlier. O'Brien: Madam Mayor. Caleb, I have a question regarding that. I think I -- I want to bring it up here where maybe other people could comment on it. On page D-2 of the new Comprehensive Plan, where it says at the top encourage health and well-being of community and the fifth item down from that it says help educate, curtail the rate of obesity, drug, alcohol, tobacco and other substance use. What I found lacking here, think, is -- is there is no mention of child abuse or domestic violence and wondering if that's something that should be addressed by the city or is this something that Health and Welfare does outside of that entity? Hood: Well, I'll maybe answer, although I don't know that it would be planning that would take a lead in a lot of that stuff, but I think the first part of that, help to educate I think is something we could take a part in to various mechanisms. You know, I -- those are good things I think that fall right in the -- right in that same encourage health and well-being as a community, sustain, enhance, promote and protect liveability and quality of life. So, I don't have a problem. I don't know if -- I just jot them down, I think they are good things to add to that running list and if there is others -- Meridian City Council December 21, 2010 Page 26 of 38 Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Not that I don't agree, but it seems to me at some point we have to draw the line and as far as the city's efforts in any of these health and community issues, we should partner with those organizations that have developed programs to do these kinds of things and the city's effort ought to continue to emphasize those things that the city's been directly involved in, drug use and that sort of thing with youth, or now involved in tobacco use or potentially those kind of things. But, you know, where do you draw the line in terms of all the other conditions that are health related that are good causes, but there is only so much the city can do and I just throw that out. Where do we stop? de Weerd: Joe. Marshall: Madam Mayor, thank you. Along that line, I would like to ask --Iran through these -- and to be honest, I blew through a lot of them pretty quickly, so it may be in there somewhere, but do we say anything about the city encouraging and sponsoring or somehow tying in volunteerism and local donations? My thought being is somehow the city could have on its website some kind of tie in, an explanation of anywhere locally people could volunteer. I mean I know there are volunteer websites out there nationally and regionally and things like that, but is there anything -- if I want to volunteer here in the City of Meridian what is there to volunteer for locally? If I want to donate -- and I keep running into this each year, I -- around October, November time I'm looking for some place that I like to donate and I'm looking specifically in the City of Meridian and I have to go to say the Idaho Communities Foundation and ask them are there any grant requests from the City of Meridian. I don't know what's out here. That's how I years go found out about Settlers Park and being able to donate to that was through the Idaho Communities Foundation. But if there was a link on the website, if somehow we had a web page or some -- I don't know. But I don't know if this is the place to address that or if, you know, maybe that could be an action item on here or something -- I don't know if that's appropriate and therein you would have your abuse groups -- you know, anti- abuse groups -- I hope -- and things like that that people could volunteer for and could donate for as well. de Weerd: Well, I guess I will take a stab at answering that, because you get into that fine line, as Councilman Rountree mentioned, of things that we really don't -- that's not within our charter. Certainly in preparing for the -- our entitlement status and the community development block grant, we came up with a community resource guide as part of the grant requirements, but that still is that gray area of -- it's a mammoth project and it takes staff time to keep it relevant and it's -- it's things I think probably the schools get into -- I don't know if any one agency, other than United Way, the schools, Health and Welfare, get into things like that, but we do have an opportunity or a volunteer form on our website, we could probably even put -- have an interest in donating let us know Meridian City Council December 21, 2010 Page 27 of 38 and could try to individually match them up, but I just see that as something way beyond our purview. Hood: Joe started off with a question there and the only place I can think of to volunteer is actually at the bottom of that same page, D-2, we talk about support and encourage involvement of community youth in the Mayor's Youth Advisory Council and other youth activities and groups. So, we specify trying to have those types of opportunities for youth, but nothing about donations or the general public in providing additional opportunities for them to volunteer. de Weerd: It's not all inclusive, it's just offering something that the city is involved in. Hood: Yeah. Hoaglun: And I think, Madam Mayor and Caleb, I was just going to suggest -- you know these are good ideas, but we have to make sure they tied to that focus -- you know, on page three it talks about the Meridian Comprehensive Plan as an official policy guide for decisions concerning the physical development of the community and those things certainly apply to the physical development of the community, but at the same time you can take those and run them in other directions, so for the purposes of the comp plan, you know, keeping it on that focus of the development of the city, I mean it develops the city in other ways, but when you talk about Comprehensive Plan, I think that's the focus that we need to keep it towards and they certainly can for that, too. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I guess I'd like to go to a couple places that Caleb wanted to. One, I'm not interested in going through this page by page. I will be glad to provide my comments to you. But there are some things that I would like for you to think about. It's seem to me -- and you pointed it out -- we -- we had a rather extensive array of sustainability things and when you compared the goals and objectives to say economic development it seems like probably given the emphasis and the need there, we could probably bolster that. I don't -- I'm not suggesting how at this point, but that's -- that's critical right now and that probably ought to be really close to our number one priority. With respect to economic development and some of the other chapters in here, I'm hearing more and more -- and this is over the last couple years -- in talking to site selectors and the literature, we continue to talk about quality of life and I believe that's important, but we are hearing more and more about quality of place and it's alluded to in here, but it's not realty pointed out that that's something that we are trying to accomplish with design review and seeking employment opportunities and that sort of thing. So, I would like to to see an emphasis there, as well as on job creation. I like to document in terms of the size particularly. It's spot on. You can read it in a hurry. There are some issues I have with it, but in -- nothing critical, but acouple -- a couple things that you might want to Meridian City Council December 21, 2010 Page 28 of 38 look at as you go through and review this and do some editorial stuff -- and I'll just point out on page 17 when you talk about in reviewing development applications the following standards will serve as general guidelines. Okay. The verb there is will serve and you're talking about standards and guidelines. Well, okay. Then, down in the bullet points you talk about mixed use projects that you could include. When I read those kinds of words I get really confused. In my mind a standard is something you have to comply with. In my mind a guideline is something that you want to achieve, but you're flexible. When I hear the word will, that comes across to me that we are going to do it. When I hear the word should I'm thinking, well, we will give you some consideration, but we might not. So, clean that kind of stuff up. And, then, on page -- somewhere. Fifty- three. The last paragraph, you talk about the city is committed and, then, you talk about we will be solution oriented and, then, we talk about these things are. So, you jump around in verb tense and I think a lot of these things that you use the verbs will be, we are doing it. The city is. That's what we are. That's what we are about. So, that's just a matter of doing word searches on those kinds of things and make them consistent. It's an editorial comment, but I think it's important, because you could read some of these that we will be talking about interactions, will be -- well, we are doing it. So, they are important to us. My final comment about the format of the document is -- is that going through it and reading it and doing what I do, I had a lot of questions with the goals and objectives and, then, I got into Appendix D and a lot of my questions were answered. So, not to add pages, but add continuity, my preference would be if you're going to talk about goals and objectives, talk about the actions items in the same spots, so I, then, don't have to go through an appendix and, then, okay, I got to relate that back to the text that I read about whatever and eliminate Appendix D or you could have an Appendix D that is a matrixes that's really helpful for you and somebody familiar with it document. I would also recommend that you have some additional appendixes. You referred to the Ten Mile plan throughout the document. It's really never provided. It ought to be an appendix, whether it's in a separate volume or not -- this thing when I go to my library ought to be total. In terms of the plans and stuff that we have prepared and we are suggesting are guidance documents for the Comp Plan, no, you don't have to provide the complete bibliography, but I think that stuff ought to be pulled together when we do it, so as a reader I don't have to -- oh, now I got to go to the Ten Mile plan to figure out what that's all about and where do I find that and who do I get that from and what version is it and -- you know where I'm coming from. Hood: Yeah. Rountree: But I like it. I think you're going the right direction. Hood: And we will play with that. I know -- yeah, we can -- I don't know if Anna has comments now or -- Canning: Could I ask for some clarity? So, you wouldn't want the Ten Mile plan bound to this one, would you? Rountree: No, it could be a separate -- Meridian City Council December 21, 2010 Page 29 of 38 Caning: Okay. Rountree: It could be a separate document, but it could be volume two, appendixes. Canning: Okay. And we jumped back and forth about whether to put the action plans in the body or just in the table at the end and if -- if it read -- if it raised a lot of questions we probably need to put it back in the text, but I think that pulling appendix D and just making it a staff document is not a bad idea at all, because, then, you can put the lead agency or -- or you can have more room for comments and support groups and other text. Rountree: You can use it as a basis for your analysis and tracking and all that kind of stuff. Canning: Yeah. Rountree: So -- but, anyway, just consider it. I'm -- like I said, I like the document, it's a whole lot better than 500 pages and -- de Weerd: Any other comments at this point? Caleb? Hood: I do have just -- I want to jump back to the front of the document and just maybe get you familiar with kind of the structure. We have already touched on it and you're probably overly familiar, but I feel it's my duty to just run through the actual text with you real quick. Also, in the appendix before we jump to the beginning, there is the glossary, acronyms, and abbreviations and the private property takings analysis checklist. Also, what we played with in addition to -- what we didn't want to do is repeat all of the action items and, then, have this implementation table, because that doubles the size of the document, essentially. Something else we played with putting in this plan, but ultimately -- or at least at this point we decided not to, is a cut sheet. We also talked about a cut sheet back in May and Brian's been working hard on that, so I'm going to turn the floor over to him for a minute to just walk you through this handout -- at least that's how we envision using this tool for people that come in. Rountree: Madam Mayor, I see a question here that I have written down and I should have remembered this, but when you talk about the regulatory takings checklist, I think an introductory paragraph to what that's all about and the applicability of that checklist, is it applicable to all our actions? I don't believe it is. Canning: Just the Comp Plan, I think. I don't know. de Weerd: Are you mumbling over there? Canning: Yes, I am. Sorry. Meridian City Council December 21, 2010 Page 30 of 38 Rountree: I guess my question is I don't know that it's necessarily applicable when we are dealing with annexations. Hood: I will work up an introductory -- Rountree: That's legit. Hood: I'd have to look at the state code again. Rountree: Okay. All right. Hood: There may be some of this that is still applicable to annexations. I need to look at that. Rountree: Okay. Sorry about that. Hood: That's fine. So, Brian, you want to -- McClure: You all have a handout? Okay. The intent of this cut sheet is to -- the intent of this cut sheet is to briefly explain the language designation correlating with the future land use map. The one you see there, this is a sample cut sheet for the mixed use regional designation. The goal of the cut sheet is to be a helpful, quick reference for casual over-the-counter inquiry, online reference, or use during pre-apps. Each cut sheet should cover sample zoning restrictions, land uses, general guidelines and design characteristics, sample layouts, photos, sketches, and existing site plans help to reinforce text and visually convey the intent of the designation. Ultimately we hope to have a cut sheet for each land use on the future land use map. And, then, all the information you see here would be directly out of the Comp Plan or the design manual. As-you can see in this slide here, the back sheet would be most of the visuals and the front sheet would be most of the text coming from the Comp Plan and design manual. Hood: Our mixed use designations are the ones that tend to throw people off for the most part. Commercial people can get their heads around. Residential, okay, that makes sense. The mixed use has -- we have certain ratios on some of those and certain characteristics that we are looking for and we thought this would help to kind of paint the picture -- not as a blueprint for what you have to build, but just get -- get an idea of what that kind of means and scale and size and street layout and connectivity and all those things that are mentioned. So, we would have eight of these -- eight or nine. We have different mixed use designations and, then, we have the neighborhood center overlay as well. So, we'd have six, eight, ten of these anyways that -- that we would hand out over the counter just as a summary that pulls in -- Brian mentioned some of the things -- most of the things from our Comp Plan, but also some of the things from the design manual to paint that picture. Canning: And we -- we were having Will Thornton -- a lot of the sketches were from ones that Will did that we could -- that describe that context that was so important in the Meridian City Council December 21, 2010 Page 31 of 38 design guidelines in making that bridge between the Comp Plan designation and the design guidelines is that whole issue of context in relationship to your adjoining land uses. So, the sketches help to show those relationships. Hood: You may recall from the existing conditions that we had some place holder kind of things that we scabbed in from other places and these are, like Anna said, generated from staff. So, we think they do a pretty good job with the text of kind of creating that guide for these areas. So, just wanted to kind of make you aware of that. At first we thought, well, maybe we would even put that in the Comp Plan itself, but I think it will be best used just as a handout for folks that have that designation or their neighbor maybe has designation and they can understand some of the high level stuff that we are looking for in those areas, so -- Canning: And part of the reason we decided to pull it out was an issue that Council Member Rountree pointed out earlier, it's kind of a mix of standards and guidelines and comp plans -- it's a real hodge podge, but -- so we didn't want to confuse folks by having standards which are UDC standards repeated in the Comp Plan. So, that's one of the reasons we decided it would be better as a -- as just a handout. de Weerd: I think, Anna, it's -- it's very useful and although you should be specific, you could give a general description, so, then, you can make changes without having to change the Comp Plan, but at least you let people know it's there and what kind of contents it would include. Canning: Oh. Okay. So, just reference them as being available? de Weerd: Reference as available and kind of in each -- you know, in the general guidelines, design type pattern, but what they would find in that -- on that cut sheet in general terms. A descriptive paragraph. Hood: And I do think after we see how the mixed use ones come out we will probably put this together for residential, too, and commercial office and all of them. I mean it makes some sense to just have one for all of our land use designations that kind of is a nice summary take home thing that you can put on your fridge if you want, but you can - -- you can have that it really is just -- you know, it's the basic information you need to understand what the designation means. Rountree: Madam Mayor? de Weerd: Yes. Rountree: Caleb -- and not suggesting to make this more complicated, but maybe if somebody wanted a little more information you could at least refer them to the appropriate sections in the UDC, so if they wanted to take it on themself they could either do that on the Internet or go through their copy and, then, come back and be able to ask questions. Meridian City Council December 21, 2010 Page 32 of 38 Hood: To the Mayor's point, I think we will cross-reference -- I think we will cross- reference those in here and hear those, so, you know, we will put something on each document that says go to this section or see that cut sheet, so -- Hoaglun: Just my two cents. I really like the cut sheet concept. That works well, because you get people coming in, we are thinking about mixed use, but we might do commercial, we might do something else and it gives them that quick overview, instead of handing them a big document and say, well, go through this, this kind of gives them the -- the overview and they go, okay, there is enough to see the differences and, then, you can dive into the details and say, well, let's explore this one a little more. So, really like this -- this idea, so -- Hood: And we have to get to that level of detail, but this helps get that basic understanding we are all talking on similar terms when we get into the next level of detail with what does that really mean for your site. Hoaglun: Exactly. Yeah. Hood: So, I think it will be useful, too, so -- Friedman: Madam Mayor, Council Members, I think also that will build upon some of the efforts we are undertaking right now is we are moving towards some of our interactive pdfs that are in our general handout portion of our website, so that we can either have these available at the counter or you will be able to access them online also. So, it's going to go together as we move forward in providing more and more informational accessible to our users, you know, through the screen, in addition to coming in. Hood: All right. I'm going to go back to the front of the document real quick, if that's all right with everyone. Just -- I think just a few more minutes. But we can take as long as you want, too. So, table of contents, I'm going to start on page one of the document real quick with the introduction. We will do a new vicinity map up. That one's an old one, we just ran out of time to put a new vicinity map in. Chapter one is introductory. Introduction. History of the Comp Plan. Purpose and scope of the plan, and how we are going to use the document. It includes an outline of the city focus areas and initiatives. Chapter two is on page seven. Right now it says community vision, but I think we are going to change that title to be community character or Councilman Rountree had, you know, quality of place or something along those lines that captures kind of that liveability concept a little bit better. This is -- this stuff is pretty new. Most of this stuff is -- some of the sustainability stuff we don't talk about quality of life or liveability in the current Comp Plan, but, really, that's what it's all about. I mean it's about making Meridian a better place to live, work, and raise a family. So, that's kind of what -- what this talks about, although it's difficult to measure a lot of times, so -- but that's chapter two, talking about health, liveability, walkability, clean, accessible, strong neighborhoods, family friendly, inclusive, general overall well-being and other factors Meridian City Council December 21, 2010 Page 33 of 38 and services that make our community desirable to live in. So, that's a brief synopsis of chapter two. Chapter three, strategic growth. It starts on page 11. It briefly starts out with population, then, jumps into land use. We already looked at the new designations that Will put together for mixed use or at least one of them. Transportation, community design, we will tighten that up a little bit better. Housing, utilities and infrastructure. TLIP, something that wasn't -- isn't currently addressed. Pathways, Communities In Motion, alternative transportation, Blueprint For Good Growth, sewer, water, garbage and recycling, irrigation, power, gas, and communications are kind of the sub topics within there. At the end of the chapter is a grief discussion on a future acquisitions map and I want to just take a minute to talk about that. Future acquisitions map is a 20 year facility and infrastructure needs for fire station, parks, pathways, well sites, wastewater treatment plant, utility corridors, streets, overpasses or highways and downtown infrastructure. Now, that isn't an exclusive list, it is for infrastructure and facility needs of the city -- Hoaglun: You forgot water storage tanks, Caleb. Hood: Water storage -- Hoaglun: That's always a good one. Hood: And we have -- we have talked at the staff level about what type of those facilities, utilities and corridors we will need, .looking at CIPs from Fire and Parks and Public Works and, you know, where are they planning these things at. We just haven't gotten -- we haven't got there. We haven't fully vetted that through the process to determine what's eligible to go on the map, a little legal question that's still out there about what can you put on the map, do we want it to be site specific or do we want it to be more general and if we make it more general and a certain site comes up, how do we go about -- that the site or -- so, we want to make sure it's a map that has some value for when -- you know, when these things come online that we actually can use it for what it's intended for, to reserve set aside what we need to do -- whatever we need for these different facilities and infrastructures. So, we are working on it, we will come back with an amendment to the Comp Plan in '11, so that's kind of the timeline. We will get all the department directors and their staff together, too, to have another meeting. think we have had two so far. So, we need to have a couple more, so -- Rountree: Madam Mayor? de Weerd: Yes. Rountree: That's a particularly sticky piece of statute and Bill probably is familiar with it, but once you start putting things on a future acquisition map, if somebody decides to develop it puts the city or any other agency on the spot that they have to acquire within a prescribed period of time and it's a real short period of time. Probably within the -- within the bounds of even getting appraisals and, then, you have to be willing to buy it or it's for naught. So, it's almost as good just to identify places like we do now on our Meridian City Council December 21, 2010 Page 34 of 38 maps that we'd like to have a school here and we'd like to have a park here, but have it be flexible enough that you can move it around, but I mean if you start calling it a future acquisitions map, the city has to be in a position or anybody else has to be in a position to acquire it. Or do some other thing if it's related to annexation through whatever processes we have there. Hood: Right. And that's -- and that's some of the discussions we have had. There may be overpasses, for example, you know -- you can't move that somewhere else. If it's going to be Linder Road and you know you want an overpass, these properties that are right there where the overpass is, they are going to be affected and you can put it on a map. Well sites -- maybe that's a little more flexible. Or schools, maybe that can float within a section. So, that's what we are -- that's kind of the level we are at is what should be on this map. Are we talking -- we know it's that parcel right there, because it has to be or is it something -- hey, we need something in this area and maybe those aren't on this map. So, that's -- that's kind of where we are at with this is -- and it does at least afford us the opportunity if that -- that one property that we have to have comes on even through Ada county, we can put them on notice and say this is on our future acquisitions map -- I think we have 30 days or something to notify them that -- that we are interested in that and then -- I can't remember how that statute reads, but it is a quick turnaround time. I mean we would have to jump on those things and that's -- we will have some dialogue certainly with the Council on this, too. We just weren't confident enough to put a map in front of you and ask for adoption and slow up this whole process with a future acquisitions map, but we do have at least a discussion in here if we decide not to go with the map at all, our text amendment will be to remove the discussion. If we do want a map, then, maybe we will explain that these --- the things on this map are site specific, because there really aren't any other options, but we will see where this goes. It's been interesting so far and we just need to do some more homework before we put it out there, so -- any other comments on -- on that map? Also in chapter three -- I just want to put you guys on notice -- I don't expect you to remember it or anything, but sometime this next year we will look at changing our high density and the residential steps. You may recall we added medium high density residential some time ago and now we have some -- a conflict, but we have a pretty substantial overlap with densities. Our medium high density is almost higher than our high density requirement. So, we need to -- we need to bump those up, but -- but this Comp Plan we are trying to stay away from some of the more controversial changes to this or potentially controversial changes and we thought changing our high density designation to be up to 15 to make that the floor instead of the ceiling, you may get some more people interested. So, we will be coming forward next year with that text amendment. I'm going to move on to chapter four, which is on page 39. That's an economic growth chapter and there are quite afew -- you know, we, basically, took Brenda's strategic plan, kind of tweaked it a little bit so it fit more of our verbiage -- that's basically the economic excellence strategic plan. Chapter four talks about economic development, the business enterprise corridors, specific area plans and the chamber. So, that -- chapter four is devoted to economic development. Chapter five is stewardship -- Meridian City Council December 21, 2010 Page 35 of 38 Freeman: Madam Mayor, can I interrupt before we go onto chapter five? de Weerd: Uh-huh. Freeman: Just a comment. On chapter four I noticed the map that you show there isn't necessarily coordinated with the specific area plans that you describe. The names are different, like northwest on the map was called the field area in the text and, then, there are things on the map, like the gateway that aren't even addressed in the text. So, we want to make sure we get that coordinated. Hood: And health sciences technology is not called the -- Freeman: Yeah. Different terms and there is things on the map that aren't discussed in the text. Hood: Oh. Yeah. Thank you. Yeah. We will clean that up. Anything else in chapter four? Chapter five, stewardship and -- you know, stewardship of the public trust. Again, this is after the city's initiatives, you know, it's -- it's growth, economic growth, stewardship of the public trust. Page 43. It's the natural and built environment and it's earth, wind, and fire. Sustainability. Green building. recycling. Hazardous and historic areas. Hazardous and historic areas don't really fit all that great under stewardship, but there is really not a good place to discuss hazardous and special sites. So, chapter five just seemed to be a good place -- certainly for the stewardship for historic buildings, but hazardous sites really doesn't fit in too many places. Most of our hazardous sites are natural or semi-natural. There is a natural gas pipeline, but the flood plain is probably our -- our main hazard in Meridian and it's not even real hazardous. So, we are pretty lucky that it's not real heavy in the analysis, but that's where that element is at. Chapter six on page 49 talks about services. This is another pretty hefty chapter, that -- community, social, and government type services. So, schools, emergency services, police, fire, EMS, parks, arts, libraries. We talked about City Hall and what we do here. The CDBG program and private property rights. That's another one that -- we didn't want to make a whole chapter for private property rights and it kind of fits under extraordinary government or special government type provisions. So, that's at the end of chapter six. And, then, implementation in chapter seven, I do want to point out -- we talked about it a little bit, but the implementation plan on page 57 talks about alignment with other plans. Not that we expect everybody to have the library that Councilman Rountree does and have all these documents printed out and easy to read through, but we do want to align with all the adopted plans, our capital improvements plans that all the departments in the city's put together, strategic plans, PADs, and it also talks about next steps, which is the prioritization and assigning leads or however that works. So, we will work -- I will work on chapter seven, too, and make that clear on how that -- how the document is supposed to be used and how I will implement these things. Next steps. So, I mentioned earlier -- you will have another opportunity through the hearing process to comment, so I'd like your initial thoughts here in the next few weeks if you have the time. I realize it's a busy time of year. But if you can get me some comments back, that's great. Otherwise, I can take them from you any other time, too, it's just -- Meridian City Council December 21, 2010 Page 36 of 38 that will be what we have put forward on the public record for the initial review for the general public to have.. It's up now, but we haven't done the noticing to really put everybody on notice. So, we will clean up the document, we will also go to like BCA -- I don't know if there is any other groups or outreach that you all want me to do or any other organizations you can think of that I should share this information with or that may care about this information. I am certainly willing to go there if you have names or organizations that I should outreach to. de Weerd: Caleb, I would make sure you have some kind of a summary and -- a summary sheet that we have at Meridian Unplugged, our town hall meeting next month. Hood: Okay. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I think anyplace you identify a specific agency probably ought to get their comments and the one that stands out in here is that there is a paragraph about the chamber and I think you ought to make sure they have an opportunity to review that and provide their input. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Just as a comment, I -- this is wonderful work and I appreciate the effort that's gone into it so far and I think it's going in a great direction. As usual I have a sideways question and this goes back to one of your first statements that it's not in the scope of this current project to change the future land use map and I agree with that as not being in the scope of this project. I do think at some point we need to think about that and how that would work into the process and the area that I'm thinking of specifically is now that we know there is a plan for connecting Highway 16 all the way to the interstate, as I recall our current future land use plan where Meridian would approach that is mostly residential and it seems to me when we end up with a L-shape of freeways, noise and vibration, residential may not be as attractive now that we know what's going to be there and I'm just saying at some point, as we have done the Ten Mile interchange area plan and the south Meridian area plan, I assume we are going to do an area plan for that area and I'm just -- I'm not sure it even needs to be mentioned in this document, but I'm hoping we will do something there and that would change the future land use plan. Canning: The fields area plan -- I'm sorry. Madam Mayor, Members of the Council. de Weerd: That's all right. Meridian City Council December 21, 2010 Page 37 of 38 Canning: The fields area plan would cover -- Zaremba: All the way down to I-84? Canning: Well, largely, because it will swing away from our boundary as it exits that area, so we think that should suffice. Yeah. Good job, Caleb. There you go. Hood: Yeah. There is for the first -- Madam Mayor. For the first couple of miles on -- this is sideways, so north is to the left, but -- de Weerd: That goes with the sideways question. Hood: Yeah. Sideways question. There you go. Very nice. Canning: You get the witty award today, Mayor. I don't know. Hood: That -- you know, Anna answered for the first couple of miles in there. I don't think we envision that fields area coming down in this area or this area, so we can -- we can maybe look at that as well. I don't know if that's going to be simultaneously or not. There is some existing low density residential in some of those areas that may not want to -- to be changed. We did update our map -- see if I can zoom in here a little bit without messing this up. To actually put where the environmental document -- the preferred alignment envisions the interchanges at Ustick and Franklin, so -- and at Chinden. You can see some of the mixed use stuff that kind of goes around the -- working on here. This is all mixed use right in here and, then, there is -- that's all mixed use in there, too. But we will look at -- I think a majority of that corridor anyways, when we do that fields -- that fields plan, so -- Zaremba. Great. Thanks. Hood: And, then, I guess just another way to get the word out, I mentioned the clerk. We will also use -- again, we will use Twitter and Facebook and whatever else is out there -- the website, blogs, to just make sure that anybody that's paying attention at all has an opportunity to comment and let us know what their thoughts are on this plan, so -- that's what I had. I appreciate your time this evening. Again, you can feel free to call me ore-mail me with any follow-up questions or comments you have, too, so -- de Weerd: Any additional comments? How about any from our directors? Commissioners, nothing further? Council? Yes. Joe. Marshall: Caleb, again, I wanted to reiterate what Councilman Zaremba had mentioned there is that this really is a vast improvement over the last, which was a little bulky, and it's trimmed down version is much easier to peruse and to get through and it's pretty straight forward and looks nice. Meridian City Council December 21, 2010 Page 38 of 38 Hood: Well, thanks. We are not all the way there yet, but I think it will be a better tool, as well and, again, I had lots of help. So, thank you to everybody that's helped, so -- Hood: Thanks. Merry Christmas. de Weerd: Merry Christmas. Well, we are at the end of our agenda and I would like to wish you all a Merry Christmas. I will see Council on Tuesday -- next Tuesday night we have a Council meeting and no rest for you. Do I have a motion to adjourn? Rountree: So moved. Hoaglun: Second. de Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. de Weerd: Thank you. MEETING ADJOURNED AT 8:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~~~ ~ i ~f i Z~ l ~ MAYO Y de WEERD DATE APPROVED P4 A~- \ E I•~OLMAN, $~' ~~ Q .~- CITY CLERK Item #8A, B: Scentsy Campus (MDA-10-010; VAR-10.002) Application(s): RECEIVED DEC 2 1 2010 CITYOFC.~E mrnx - Modification to the development agreement for Pinebridge approved with the previous rezone ~#It~srptc~ ~~~~"~ subject property is no longer part of the Pinebridge development, a new development agreement is proposed that wi I only apply to the subject property. - Variance to UDC 11-3H-46.2 for (1) right-in/right-out access to/from the site via SH 55/Eagle Rd midway between Pine & Commercial. Size of property, existing zoning, and location: The site is 35 acres in area, is currently zoned C-G and is located on the southwest corner of Pine & SH 55/Eagle Rd. Summary of Requests: - MDA: When the subject property was rezoned in 2007, as part of the Pinebridge development and was included in the Pinebridge DA. Subsequently, the subject property was by the applicant and is proposed to develop as a distribution center and corporate campus for Scentsy. Thus, the new ownedapplicant wishes to separate this property from the existing DA & record a new DA solely for this property and to include a new conceptual development plan. The applicant has submitted a modified version of the existing DA f property which reflects the new ownership of the property, proposed development plan, and removal of conditions that are no longer applicable. Please refer to Exhibit A.3 of the staff report. The applicant proposes to be allowed to construct the distribution center which is classified as an accessory use in the C-G district, prior to construction of the office tower and auditorium & fitness center, which are classified as principal permitted uses in the C-G district. Because Scentsy is constructing a new warehouse directly to the south that is integrally related to the distribution facility & because construction of one of the principal permitted uses is proposed to commence within 30 days of completion of the distribution facility, staff is supportive of this provision. Staff has included recommended modifications to the DA provisions proposed by the applicant that are included in Exhibit A.4 of the staff report as follows: 1) removal of specific design standards as all future development is required to comply with the design standards listed in the UDC as well as the guidelines in the City of Meridian Design Manual; and 2) Inclusion of Public Works development requirements. - VAR: A variance to UDC 11-3H-4B.2 is requested, which requires the owner to develop or otherwise acquire access to a street other than the state highway when a change or increase in intensity of use is proposed. The applicant proposes (1) right-in/right-out (RIRO) access to/from the site via SH 55/Eagle Rd. midway between Pine & Commercial with a right turn deceleration lane southbound on SH 55; ITD has approved this access as proposed. The traffic impact analysis submitted with this application evaluates the intersection of Eagle & Pine and the traffic impacts with an access as proposed. The study surmises the RIRO would reduce traffic at the Pine/Eagle intersection, lower the average delay, and reduce the right-turn traffic approximately 12% during the PM peak hour resulting in queue length reduction & an overall improvement in site circulation. Additionally, the access is projected to reduce the number of conflicts & likelihood for potential crashes at the intersection due to a reduction in traffic. Written Testimony: A letter was received from COMPASS after the staff report was transmitted with the following comments: - Concern about setting a precedent by approving additional access points where multiple accesses exist; - Along with the proposed deceleration lane, an acceleration lane would also be a solution to increase safety for drivers merging into traffic at high speeds; - The proximity of the proposed access in relation to an existing large message sign that spans the roadway possibly causing distraction to traffic, & and support beams for the sign that may interfere with a driver's line of sight; - Valley Regional Transit has plans for a future bus service along Eagle Road (note: The City has requested consideration of bus service on Pine). Comments in regard to the bus service are as follows:1) The closer the buildings are to Eagle Road, the shorter the walk to a future bus stop; 2) A 5' x 8' paved landing connecting to the curb & the sidewalk would give VRT an ADA compliant location for a bus stop; 3) The current design of the right-in turn lane would not allow the bus to stop at the development entrance because it cannot get back on to Eagle Road without going through the parking lot; the bus stop would need to be between the entrance & Commercial Street, or at the intersection of Eagle & Commercial. (VRT's planned service will not be implemented until funding becomes available; no specific date or time frame has been established.) Staff Recommendation: Approval per the findings in Exhibit B of the staff report. Public Works requests DA provision #5.1.14 is stricken as it's not applicable to this project. Meridian City Council Meeting noTE~ December 21, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of December 7, 2010 Pre-Council Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of December 7, 2010 City Council Regular Meeting MEETING NOTES ~ ~.,~d CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road by Idaho Self Storage-Linder MEETING NOTES q,pp~~°' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 12/9/10 SUBJECT: Water Main Easement -- Linder Self Storage I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a Water Main Easement for the City of Meridian located on site of the Linder Self Storage parcel at 5120 N Linder Road by Idaho Self Storage- Linder. This easement provides The City of Meridian access to new water main being installed, to provide service for the new proposed Linder Self Storage. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approval Scott Steckline 489-0372 489-0362 489-0369 489-0363 Page 1 of l ADA COUNTY RECORDER J. DAYIO NAYARRO AMOUNT .00 0 TOME IDAHO 1PJ2?J10 11:67 AM DEaurr wed Aug III IIIIIIIIlIIIIIIIRIIillllllill I III RECORDED-REQUEST OF 110120565 C1y o1 Merldien WATER MAIN EASEMENT' THIS INDENTURE, made this ~ day of ~~~~0 1 v be~~ +o s~ S~~syt~ p~~- f the first part, and hereinafter called the Granrtors, and the Leh' of IVteridiaa, Ada County, Idaho, the pa, ty of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire bo pmonride a water main right-of-way acrc-ss the pry and property hereinafter particularly bounded and described; and WEIERF.AS, the weber main is to be providod for through an unddground pipeline bo be construcbod by others; and WIiEREAS, it wr71 be nooessary bo maintain, service and sub®oqueady ooffie~~ to saw pipeline from time in time by tbe Grantee; NOW, THEREFORE, in consideration of the benefits bo be raxived by the Grarrboss, sad other good and vah~able consideration, the Grantors do herby give, grant and convey naro the Grandee the right ,~-•. of-way for an t fair the , operatics, msmtenaeoce, repair, rePlat of a roster main cute and across the following d~cn'bod property; (SEE ATTACHED EJtEllBIT A and B) The easement hereby grantod is for the purpose of consbtuctioa a~ operation of a weber line and their allied facilities, tiogether with their , additional oennecties thereta~ repair and repisoemeat at the cosverrieace of the Csreurtoe, with the fete right of access b such fscrlities at say sad all times. TO HAVE AND TO HOLD, the said easeareat sad rigs-of-way a~bo the said Graeae, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREID, by and belweea the parties hwe6o; that after ccr>stinrcties, malring ropsgs, performing dher moo or making subsequast r to the water Tine, Csranboe shall restore the area of the c~emeat sad adjacentpraperty b that earisbeat prior to und~aking such eoioq repairs and maiabemnoe. Hovwever, C~ee shall rat be respoas~le for mP~g. roP~g ~ 8 anything P~ within the area described in this it that was placed there in violation of this mot. THE GRANTORS hereby covenant and agree that they will not platx or albw tD be plaood say permanent structua+es, trees, luush, or peresrrisl shrubs err flowers within the area descn'bed far this which would iaterfae with the use of said far the purposes stated herein. THE GRAN'i'ORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby graabod shall beooine part a~ or lie within the bowdatias of say public ~ str+cer, rhos, bo such ext~eet, such right-of-way acrd mart hereby grmted which lies within srerh bomWary thereof err which is a part thereof, sJlsll cease sod become null sad void and of no farther effect sad shall be ooe~ktely relinquishod. water INam F.asanent EASMT W1R THE GRANTORS do hereby covenant with the Crarnee that they one lawfully seined and possessed of the aforerneationed and described tract of land, and that they have a good and lawful right to convey said easement, and that they will wanaat and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever: IN WITNESS WHEREOF, the said patties of the first part have henwnto subscribed their signatures the day and year fast herein above written. GRANTOR: ~3 ~ z W - na ~ ~~ ~~~.~ ~ I zv STATE OF IDAHO ) )~ County of Ada ) On this 2 ~~ day of ~ 2t?~U, before me, the rmde:si~oed, a Ndary Public in and for said Stato, personally appeared L ~ . known ar idezttified to me tb be the Managing Member, respectively, ofthe executed the within instrument, and acknowledged tD me that such corporation execu~od the same. IN ~VTITIFSS WHEREOF, I have hereunto get my hand and affucod my official seal the day and year fist above written. r. (SEAL) RAINELLE WOLF NOTARY PUBLIC STATE OF IDAHO W~ Main Easement g ~ -~ Commission Expires: i~~y~~~.sr~ Address ~UI 5G ~ ~ V ~'3?d ~ GRANTEE: CITY OF MERIDIAN ,, '~, Tammy de Mayor ~` ~ ~ °qy c1~ ~o~ rFO SEAL _ Attest by ee L. Holman, City Clerk= y~ ~o`~ '; 'f'p ~sr is~ ~, Approved By City Council On: STATE OF IDAHO ) )~ County of Ada ) si On this ~ ' day of~~P m ~ ~, 2062, before me, the tmdersigned, a Notary Public in and for said State, personally appeared TAMMY DE VVF.ERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the. City of Meridian, Idaho, and who executed the wiffiin insiramlent, and acknowledged m me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have heaeemto set my hand and affnced ary official seal the dayand year first above written. ,.....• .•' ;;iCA ~•. .~ N ~ NOT Y PUBLI O (SEAL); Residing at• t .~---~ ( I . , • ~ CpIIlm1331oII FjCplres: •'p~ / • •~.~~~~ R,~ t~ ~strrr wTR /"~ c~5~~'? ~, ~ ~ Land su~reyr~rs ar~d Ptarx,ers - 314 Badda S't. C~dweil, ID 83605 ~ l7 1 C~Q, 1~ ~ t2os~ 4sa-oars pax t2os~ 4sa-os~s e-mail: anolzt-ey a nse~,g.os FOR Visser Building Co. JOB NO.: ]N0106 DATE: July 27, 2010 EDIT ~A" WATER AND EASEMENT 2 This easement is a portion of the SWi/4 SWl/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of said SWl/4 SW 1/4; Thence N 00° 24' S6" E a distance of 1015.43 feet along the west boundary of said SWI/4 5W1/4 to a pourt; Thencx S 89° 35' 04" E a distance of 38.00 fcet perpendicular to said west boundary to a point on the easterlyright-of-way of N. Linder Road and the northerly right of way of W. Deer Crest Street; Thence along said northerly right of way of W. Deer Crest Street the following courses and distances; Thence S 89° 35' 11" E a distance of 140.64 feet to the beginning of a curve; Said c~uve to the left thmugh as angle of 06° 2T 20", having a radius of 975.00 feet, and whose long chord beers N 8?° i 1' 09" E a distance of 109.80 feet to a point; Thence N 83 ° 57' 29" E a distance of 181.42 feet to the beginning of a curve; Said curve to the right through as angle of OS° 53' 48", having a radius of 1025.00 feet, and whose long chord bears N 86° 54' 23" E a distance of 105.44 feet to the POINT OF BEGINNING of said easement; Thence leaving said northerly right of way N 00° 24' 49" E a distance of 9.55 feet to a po' 'Thence S 89° 35' 11" E a distance of 20.00 feet to a poi; ~' 1-r~soh et srwxrm.o, tric. seuvsross, ENOCnvssrsE PuNx~rs i~ 1 or2 Thence S 00° 24' 49" W a distance of 9.50 feet to a point on the northerly right of way of W. Deer Crest Street; Thence along said northerly right of way N 89° 35' 11" W a distance of 10.00 fret to the beginning of a curve, Thence continuing along said nortlrcaiy right of way along a curve to the left through an angle of 00° 33' 32", having a radius of 1025.00 feet, and whose long chord bears N 89° 51' S7" W a distance of 10.00 feet to the POINT OF BEGINNING of said easement. ~~~ ~ BI~/0 QF~ ti©-~% a: &rsr~.n, ixc. srne~~~ Pa®e s °t2 EASEME/VT F~CH/B/T B ~, L24 : - :~ao ~ R w. omt c~aesr snz~r I I~ I"s_ I~ 2 1~ I I I l~ghe-oi~-.oy fins _ _ ^ _ seaHon the Easwnent li-s Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Water Main Easement for Bayside Taylor Commerce Park Subdivision Located at the Northwest Corner of N. West 10th Street and W. Taylor Ave., by Bayside Capital Co., for Access to the New Fire Hydrant MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- ~t~sC IDAHO Vll Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 12/13/10 SUBJECT: Water Main Easement -Bayside Taylor Commerce Park Subdivision I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a Water Main Easement for the City of Meridian, located on site of N.West 10`~ Street & W. Taylor Avenue, by Bayside Capital Co., a Nevada Corporation. This easement provides The City of Meridian access to new fire hydrant being installed, to provide service for new proposed commercial lots within Bayside Taylor Commerce Park Subdivision. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approval Scott Steckline 489-0372 489-0362 489-0369 489-0363 Page 1 of I ~. ADA COUNTY RECORDER J. aIYID NAYARRO AMOUNT .00 ! d01dE IDAH01212?/10 11:67 AM DEPUTY Ylcld Alien III IIIIIII'II'II'IIf'I'I"I'IIII I I III RECORDED-REQUEST OF 110120564 Ciy of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this 31 day of M~~ , 20 ~ a between Bayside Capital Co., a Nevada Corporation ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by ~^ the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement Bayside-Water-Ease-Lot-1 l -Agree.doc ,y-'~. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Bayside Capital Co., a Nevada Corporation John B. ~hubin, President STATE OF IDAHO ) ss County of Ada ) On this 3 t~` day of ~~N~ , 20 ~, before me, the undersigned, aNotary Public in and for said State, personally appeared John B. Schubin, known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above writ~~: .~~ `'•• i~~ ~ N~~ .J~"' '~i r.J~ ,.` s,•',~OT ~" ~ :- ~' ~ NO A Y PU~LIC FOR IDAHO r-~ ~•~ ~ a Y° • • - Commission Expires: `'yL'13 ~. p Bti~*s-, ~ y^ Water Ma-i~ F~~Cpg~~~~~~. o„ ~~. Bayside-Water-Ease-Lot-1l-Agee.doc `3a .~ ~~ `ens GRANTEE: CITY OF MERIDIAN Tammy d erd, Mayor \ ~,~``,~y 04 ,;"`~`-~'~'Qq'`~~,~~i G ~'pR1'ORA TF ~ , 1 _G ~/~„ Attest by~ycee L. Holman, City Clerk Approved By City Council On:___~~ STATE OF IDAHO ) ss County of Ada ) SEAL ~' ~~~~~/,C~/ n~Y `, 5~" On this a, _ day of 17ar P m~,e~/, 20~_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .••ca1~'p'- JOB •. • . ~ • . ~ • G moo. '•`~%'E OF 1~•~ .,~~~~~. Water Main Easement . ., NO ARY PUBL C F AHO Residing at: ~ lal,n Commission Expires: Bays i de-Water-Ease-Lot-1 l -Agree. doc _J TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 '~ SURVEYING (208) 385-as3s Fax (208) 385-OS96 Project. No.: 3314 Date: March 18, 2010 DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT AT LOT 11, BLOCK 1 BAYSIDE TAYLOR COMMERCE PARK SUBDIVISION A parcel of land being a portion of the East 1/2 of the SW 1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an aluminum cap marking the Southwest corner of said East 1/2 of the SW 1/4 of Section 12; thence along the West line of said East 1/2 of the SW 1/4 of Section 12, which is also the East line of Creamline Park Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 99 of Ptats at page 12784 North 00°01'00" West 986.28 feet to a point; thence leaving said West line South 90°00'00" East 126.50 feet to a point; thence South 79°56'22" East 31.48 feet to a point; thence South 90°00'00" East 149.91 feet to the POINT OF BEGINNING; thence at right angles North 00°00'00" East 147.93 feet to a point; thence at right angles North 90°00'00" East 20.00 feet to a point; thence at right angles South 00°00'00" West 147.93 feet to a point; thence at right angles i"~ North 90°00'00" West 20.00 feet to the POINT OF BEGINNING. Said Parcel of Land Contains 2,959 Sq. Ft., more or less. ',, ,,- ~;~ ~« FR N ~) ~",. .~'~:'~' 3314-seperate-water-ease-desc.doc-jdw Page 1 of 1 WATER MAIN EASEMENT FOR ,.~ :~: _~ Z ~ _ N 90°00'00" W 20.00' CITY OF MERIDIAN ~ j ~ AT LOT 11, BLOCK 1 I BAYSIDE TAYLOR COMMERCE I I I PARK SUBDIVISION I I I A PORTION OF THE EAST I/2 SW I/4, SECTION 12, I I T.3N., R.IW., B.M., I I MERIDIAN, ADA COUNTY, IDAHO I I I ;'~' ~~•. ~ ~,~ ' ~ I I ~ N 90°00'00" E ' ~ • r_ I 20.00 ~. I ~ ~• ~ I EXISTING FIRE :~••'~ ':' J ~• HYDRANT & .;~:•.;,- . I WATER MAIN 10.00' _ ., L I ~ ~ rn ~ 6 I AREA IN EASEMENT ~ ~- I = 2,959 SQ. FT. ~ ~ I ~ w 3 I I I ~ ~ = II o _ 00 ° I I I I o S 79°56'22" E 31.48' P.O.B. °o o ° o° I I z cn S 90°00'00" E_I26.50 _ ~ 9 ° ' " ' N 0 00 00 E 149_91 I PROPOSED CITY OF ~ ~ MERIDIAN WATER AND L J ~N J SANITARY SEWER N EASEMENT. ~ - N 5 4 3 - 0 o -- - - - - - - - - 0 o N. ~~,~r~ z ~-° o ~ ~'a '~ J L ~ 1/16 COR I I 12 1325.68'- _ _ _ 1325.55' 12 14 13 N 89°49'00" W 2651.23' 13 3314-Ease-020310.dwg 03-16-10 15:09:49 JWargo ~° ~;'~ o~ ~~~~w~ 0 30 60 120 ~ SCALE IN FEET I" = 60' iVleridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road for Access to the New Fire Hydrant Being Installed at the Location MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 12/9/10 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water Main Easement -- Linder Self Storage ~l-1 ~Ic~Ya~ I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian, located on site of the Linder Self Storage parcel. at 5120 N Linder Road, by Idaho Self Storase- Linder. This easement provides The City of Meridian access to new fire hydrant being installed, to provide service for the new proposed Linder Self Storage. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approval Scott Steckline 489-0372 489-0362 489-0369 489-0363 Page 1 of I ADA COUNTY RECORDER J. DAVID NAVARRD AMOUFR .00 I 101SE IDAHO 12/22110 11:67 AM ~ DEpUfY Yleld Allen 1 RECORDED-REQUEST OF III I~II~II~II~II~II~II~II~III~~III III Cly of Meridian 1 1 0 1 20563 WATER MAIN EASEMENT THIS 1NDENTURE, made this ~ day of ~,ro to t~etween Se~ Sf~ ~~; ~" °; o lam" the first part, and hereinafter called the Grantors, and the City of Meriden, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way acmes the premises and Property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantce; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and vahiable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right ~ of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additions) ~ thereto, repair and replacement at the convenience of the Grantce, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the saideasementandtight-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prim to undertaking such construction, repairs and maintenance. However, Grantee shall not be r+esponsrble for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow b be placed any pent structures, trees, brush, or perennial shrubs a flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public ~ street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further efthCt and shall be completely relinquished. Water Mam Easement EASMT WTR r ~, TIC GRANTORS do ~y covenant with the Granbae that they are iavvfirlly seised and possessed of the afor+ementioued and descaibed tract of land, and that they have a good and lawful right to convey said easement, and that they wiD warrant and forever def~-d the title and quiet possession thereof against the lavr+ful claims of all persons whan>soever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscn'bed their sigoahrnes the day and year first herein above written. GRANTOR: Managing X31 L ~ • /V u- ~•N-. ~ c'.e..ti~ Address ~D t S c, t D 8"3? ~ y STATE OF IDAHO ) )~ County of Ada ) on this ~ day of~~- , 2d~ before me, the undersignod, aNotary Public in and for said State, pexsonally appeared i_ ~ 1'7 c+n n C _;~ . known or identified to me to be the Managing Member, respectively, of the oorporabion that executed the within ~errt, and acknowledged m me that such corporation executod the same. IN VI~ITNFSS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. -1 i (SEAL) NOT P LI FOR AHO Residing at ~Se Commission Expims: ~ 1 RAINELLE WOLF NO TAE OF DAHO STA water Main East EASMT vvTR GRANTEE: CITY OF MERIDIAN `,.~~;~y OF.~~:„`pia ~'%,,,- Tammy eerd, Mayor ~ ~ ~,oRPO~rF 9~' /~- SEAL = Attest b ycee L. Holman, city Clerk %, yo Usr ~s~ •'``~ .r0 `~ ,,~~~ ,9 `OQ, `\`~. Approved By City Council On:~~ ~'' f,~~r~''' ~/ O STATE OF IDAHO ) )~ County of Ada ) ~'"~ s4- On this c~ ~ - day of , 20 ~ C~ .before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,..... .• ~1CA J •.• ~ • ~~N ~ NO RY PUBLIC OR AHO (SEAL) ~ Residing at: . - . • ~ Commission Expires: a ~/ . 07() ~ ~/ • ~..~j,,,_ • _ :~.y~~IC ~p; ••. OF ID~'.•• '•...•• Water Main Easement EASMT WTR r"`~ c35C~17 ~, ~ . ~a aid t'larx~ers ~ 314 BatSo{a St. Ca{tMraH, {D 93605 tan gel , ~~ ` ~ (~) 454-0256 Fax (208) 454-0979 e-mail: dholz~t-ev mseng.us FOR: JOB NO.: JN0106 DATE: August 13, 2010 WATER EASEMENT 6 This easement is a portion of the SWI/4 SWl/4 of Section ZS, Township 4 North, Range 1 West, Boise Meridian, Ada Cou~y, Idaho, more partica~larly described as follows: Commencing at the southwest corner of said SWl/4 SWl/4; Thence N 00° 24' Sb" E a distance of 1015.43 feet along the west boundary of said SWl/4 SWl/4 to a ,~--~ post; Thetrce S 89° 35' 04" E a distance of 38.00 feet per~licailar ~ said west boundary to a point on the easterly right-of-way of N. Limier Road and the northerly right of way of W. Deer Crest Street; Thence along said northerly right of way of W. beer Crest Street the following courses and distances; Thence S 89° 35' 11" E a distance of 140.64 feet to the beginning of a curve; Said curve to the left through an angle of 03° 15' 35", having a radius of 975.00 feet, and whose long chord bears N 88° 47' 02" E a distance of 55.46 feet to a point; Thence leaving said right of way N 06° 02' 31" W a distance of 10.05 feet to a point; Thence N 00° 33' S2" E a distance of 190.14 feet to the POINT OF BEGINNIlVG of said easement; Thence N 89° 32' 49" W a distance of 20.00 feet to a point; Thence N 00° 33' S2" E a distance of 56.29 feet to a point; Thence S 89° 26' 09" E a distance of 427.50 feet to a poi; Thence S 00° 33' S 1" W a distance of 223.80 feet to a point; ~ asTn~c. srn~varar~ 8raonvsmr ~ rran~r ~ i °cs ~, Thence N 89° 35' 11" W a distance of 20.00 feet to a point; Thence N 00° 33' S 1" E a distance of 158.86 feet to a point; .Thence N 89° 26' 09" W a distance of 28.00 feet to a point; T~nce N 00° 33' S 1" E a distance of 20.00 feet to a point; Thence 5 89° 26' 09" E a distance of 28.00 feet to a point; Thence N 00° 33' S l " E a distance of 25.00 feet to a point; Thence N 89° 25' 09" W a distance of 387.50 feet to a point; Thea~ce S 00° 33' S2" W a distance of 36.25 feet to the POINT OF BEGINNING of said easement. ,...~ Mneorr ac sr~.~, Ixc. svRrs~ ~ nwnNers ~: °r: • ~- EASEMENT F_KH/B/T B ~ti ~ ~~~ ~ s ~ aesr snvar '~ I ~~~ ~~ ~~ (~ I CURVE TA6L£ a~ ~ a~ ~ I cs sago ss .~e sago f~ 1 a' !? ~'---- _ _ a~f s5 - R rcr~w +oa~o -__ _ _ ~ w.c ~ ` As e srs ~~ ayr ~,~ LEGEND Riynt-ot~woy me ---'------- Sectron line _________~-- Easement Gtne ------- Trs line I V/SSER BU/LDiNG Co. ~ ~~ rre Beo+M.ra, o„Q,~ ~arer~s _ anon ~, ~• srr..M, ,~ en,s ~ O tan elc~ ~ ~~~~„'~, t e~:"o Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Sewer & Water Main Easement for Linder Self Storage Located at 5120 N. Linder Road by Idaho Self Storage-Linder MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ ~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 12/9/10 SUBJECT: Sewer & Water Main Easement -- Linder Self Storage I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a Sewer & Water Main Easement for the City of Meridian, located on site of the Linder Self Storage parcel at 5120 N Linder Road, by Idaho Self Storage-Linder. This easement provides The City of Meridian access to new sewer and water main being installed, to provide service for the new proposed Linder Self Storage. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approval °`-~ ~~_~-_ ' Scott Steckline 489-0372 489-0362 489-0369 489-0363 Page 1 of I ADA COUNTY AlCOADEA ~. DAYID NAVAAAO AMOUNT .DO 60RE IDAH01Y122f10 11:61 AM DEPUTY Yidd Alien IIECOADEO-REQUEST OF ~~) ('~~ ~~~~~~I~~~~~~~'~~~~~~~~'~ ~ I~~ Oily of Meridlen 110120566 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDETTTURE, made this ~ day of ~Jr20 l ~ between ~'~'~ ~~' s~'~~~''"~'~'~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: ,~ WHEREAS, the Grantors desire to provide a sanitary sewer and water mainright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Gnirttee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaidng such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or ~~g ~Y~-g Placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agme that they will not place or allow to be ~ placed any permanent structwres, trees, brush, or perennial shrubs or flowers within the sanitary Sewer and water Main Easement EASMT Sandal area described for this easesrent, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easeme~ut hereby granted shall become pact ai; yr lie within the boundaries of any public street, then, to each. extent, such right-of-way ~d easement hereby granted which lies withia such boundary thereof or which is a part thereof, shall cease and become null and void and of nD fiurther effect and shall be completely relinquished. THE GRANTORS cb hereby covenant with the Grantee that they are lawfully seized and p~sessed of the aforementiaaued and described tract of lead, and that they have a good. and lawful right to convey said easement, and that they wHl warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WTTNF.SS'~JHEREOF, the said pafies of the fii~ part have herea~mto subscn-bed their sigpadua+e,s the day and year first herein above written. /~ GRANTOR: M Address C3o~=~, ce ~'37ay STATE OF IDAHO ) )~ County of Ada ) Oa this ___[ ~__ day of ~UG +15~' , 20 i y ,before me, the undersigned, a Notary Public in d for said State, persoamlly appeared and L, D nn Lr_ ~~c .. ____, known or identified to me to be the Managing Member, respectively, of corporation that executed the within instruument, and acknowledged to me that such corporation executed the same. IN WTTNF.SS Q~IHERF.QF, I have heramto set my hard and affncod my offia~al seal the day and y~r fist above written. GRANTEE: CITY OF MERIDIAN sao;a~y sew ma w~ r~ t ~~ NOTAR PUBL C FOR IDAHO Residing at: ~~c" Commission Expires: ~i~/:ate // RAINELLE WOLF tom' ~`y NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Tammy d d, Mayor .,'~~~, ~ CF '''~R/ ~~~''~ „ 4 // ~ ~ TF` n . ~~ Q ` Approved By City Council bySi~ycee L. Holman, City Clerk _ STATE OF IDAHO ) ss County of Ada ) BED. _J ,,,,,,~ eoU~ . `o~` On this ~_ day of , 20 ~~ , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •...... .•SgICA J~. . , "~,'~W: NOT Y P~ ('SEAL) j ~ Residing at: , ,c j,~,,a,_ ,; Commission ~~F IDA4• ~. Water Main Easement EASM'T%20WTR[ 1 ] Proi+essiattai Ems, tend Survsyas end Planners .., ~a n~ie~~ 1nG FOR: JOB NO.: JN0106 DATE: August 13, 2010 3i4 B2K11018t St. Caldwell, ID 8.3605 Ph {206) 454-oz56 Fax (~~ 454-os~s a~msil: ~holzhev aC~nsena.us WATER AND SANITARY SEWER E ~ ~ 7 This easement is a portion of the SWl/4 SWl/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada Courrty, Idaho, more particularly described as follows: Commencing at the southwest corner of said SWI/4 SWl/4; Thence N 00° 24' S6" E a distance of 1015.43 feet along the west boundary of said SWl/4 SW 1/4 to a point; Thence S 89° 35' 04" E a d~aace of 38.00 foes perpendic~r to said west boundary to a point on the easterly right-of-way of N. Linder Road and the northerly right of way of W. Deer crest Street; Thence along said northerly right of way of ~V. Deer Crest Street the following courses and distances; Thence S 89° 35' 11" E a distance of 140.64 feet to the beginning of a curve; Said crave to the left through an angle of 02° 18' 32", having a radius of 975.00 feet, and whose long chord bears N 89° 15' 33" E a dis~oe of 39.29 feet to the POINT OF BEGINNING of said easement; Thence leaving said right of way N 00° 33' S2" E a distance of 165.53 feat to a point; Thence N 89° 26' 08" W a distance of 111.73 feet to a point; Thence N 00° 30' 23" E a distance of 1.90 feet to a point; Thence S 89° 29' 37" E a distance of 89.23 feet to a point; Thence N 00° 33' S 1" E a distance of 33.36 feet to a point; At~sa~ 1k er~Ema. b+c sa:ra+~*„ E rruav~s ~ r.rz Thence S 89° 32' 49" E a distance of 37.50 feet to a point; Thence S 00° 33' S2" W a distance of 190.14 feet to a point; Thence S 06° 02' 31" E a distance of 10.05 feet to a poi ~ the northerly right of way of W. Deer crest Street and the beginning of a non tangential curve; Said curve to the right through an angle of 00° 57` 03", having a radius of 975.00 feet, and whoa long chord bears S 87° 3T 46" W a distance of 16.18 feet to the POINT OF BEGINNING of said easement. HGeoa. tsT~u+.ara, Lrc. suevcrw~t, ors d tra,avars Pa®e 2 ot2 EgSEME/VT F,~CH~S/T B .~~~.~ ~ t1~ TABLE I BFJYi1C tdCM ~ u4 X90 ' rs ~ ~ ~~ arinE TABLE r~ cMOpo oa ao.sa excao ~ aRSa p ~,~ a s t'"Y ------J7 _~~--- -- - ~ w< ~~ ~ e - --- ~ rrs aorn s: ~ nos r,r. nes ass ~ ass wr. waxes ~ ~A~ ceo~ Right-of--way Iine ---------- Section Iine w_~.~__w Easement -tr-e wss~a ev~LO~~ co. ww~nw+~ s~wrrwwrsew~ ~ m wai .M110fOs Adlero~ef6~ew; porn E7WIS/Ts a50ri ~, ~s ,~ Arrs tan~iie~~ -~ o i~a~`'"n+~ A~ ~ aw 1 avrsno Meridian City Council Meeting neTF• necember 21.2010 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Sewer & Water Main Easement for Bayside Taylor Commerce Park Subdivision Located at the Northwest Corner of N. West 10th Street and W. Taylor Ave., by Bayside Capital Co. MEETING NOTES ~"' - CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- ~LlbllC I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 12/13/10 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Sewer & Water Main Easement -Bayside Taylor Commerce Park Subdivision I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer & Water Main Easement for the City of Meridian, located Nevada Corporation. This easement provides The City of Meridian access to new sewer and water main being installed, to provide service for new proposed commercial lots within Bayside Taylor Commerce Park Subdivision. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approval -- Scott Steckline 489-0372 489-0362 489-0369 489-0363 Page 1 of 1 ADA COUNTY RECORDER J. DAVID Ni1YARR0 AN~UNi .00 0 11.61 AM DEPUTY Y1cm Allen ecISE ICAMO 1~ III Illlillllllllllillillililllllli III REC~OEO-REQUEST OF i 10120567 Ci1Y of Meridian SANITARY SEWER AND WATER MAIN EASEMENT ~~ da of M~`~ ,20 ~D between THIS INDENTURE, made this Y Bavside Capital Co a Nevada Corporation ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and properly hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Bayside-Sewer-Water-Ease-Agree.doc s~ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 1N WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Bayside Capital Co., a Nevada Corporation John B. Sc,Kubin, President STATE OF IDAHO ) ss County of Ada ) On this 3 ! ~ day of ~~~' , 20 !0 ,before me, the undersigned, aNotary Public in and for said State, personally appeared John B. Schubin, known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. sir= ~.~~a4..•,_da~~• ~ ':AAJ • .~ . ,~ (S~~A~) .A ~~- • ,~ p UB y1 ~. ~°~.~ ~',.''•s....•• 4~.•~• Sanitary Sewer and~ViQt®~yia~h'~~sement .~*~~e O ARY PUBIC FOR I~D~ Re ding at: , Commission Expires: ~S'3 B ayside-Sewer- W ater-Ease-Agree.doc GRANTEE: CITY OF MERIDIAN ~c G(J~ ~ Tammy de erd, Mayor ~,~,uu~~,~~,;,, ~~ ~~ .~' ~\~'~ ~~ M JAS '~~~yl ~~~'~. ~. `~o~o~ CFO 'k .~- ttest b aycee L. Holman, City Clerk = $EAL _ ~, ~ Approved By City Council STATE OF IDAHO ) ss County of Ada ) '9p Gsr ~s"t • ~~; ,9 P ~` On this ~_ day of , 20~_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.•~ICA Jp~.• '~~?, pTA~~~~: NO ARY PUBL C F AHO 5~' •~ ,~ . (SEAL) Residing at: a.tr- 1 . ~ ~ . • ~ - . Commission Expires: ~, •~ E O(' •...• Sanitary Sewer and Water Main Easement Bayside-Sewer-Water-Ease-Agree.doc ~~ TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No.: 3314 EXHIBIT "A" Date March 18 2010 DESCRIPTION OF CITY OF MERIDIAN WATER 8~ SEWER MAIN EASEMENT FOR BAYSIDE TAYLOR COMMERCE PARK SUBDIVISION EASEMENT #1: A parcel of land being a portion of the East 1/2 of the SW 1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an aluminum cap marking the Southwest corner of said East 1/2 of the SW 1/4 of Section 12; thence along the West line of said East 1/2 of the SW 1/4 of Section 12, which is also the East line of Creamline Park Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 99 of Plats at page 12784 North 00°01'00" West 931.25 feet to POINT OF BEGINNING #1; thence continuing North 00°01'00" West 55.03 feet to a point; thence leaving said West line South 90°00'00" East 126.49 feet to Point of Beginning #2; thence South 79°56'22" East 31.48 feet to a point, hereinafter referred to as Point A; thence South 90°00'00" East 324.45 feet to a point; thence at right angles North 00°00'00" East 32.00 feet to a point; thence at right angles North 90°00'00" East 20.00 feet to a point; thence at right angles South 00°00'00" West 32.00 feet to a point; thence at right angles North 90°00'00" East 8.00 feet to a point; thence North 45°00'00" East 21.21 feet to a point, hereinafter referred to as Point B; thence North 87°13'33" East 55.01 feet to a point, hereinafter referred to as Point C; thence South 00°45'56" East 26.14 feet to a point; thence South 45°00'00" East 140.52 feet to a point; thence North 89°23'18" East 53.65 feet to a point; thence South 00°01'00" East 11.33 feet to a point on a curve on the North right-of-way line of West Taylor Avenue; thence along said North right-of-way line along the arc of a curve to the left whose radius is 110.00 feet, whose central angle is 18°54'23", whose length is 36.30 feet and whose long chord bears South 75°29'54" West 36.13 feet to a point; thence leaving said North right-of-way line South 89°23'18" West 26.87 feet to a point; thence North 45°00'00" West 112.44 feet to a point; thence North 90°00'00" West 31.60 feet to a point; thence at right angles North 00°00'00" East 28.42 feet to a point; thence at right angles North 90°00'00" West 45.90 feet to a point; thence at right angles South 00°00'00" West 31.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 31.00 feet to a point; thence at right angles North 90°00'00" West 112.00 feet to a point; thence at right angles South 00°00'00" West 31.00 feet to a point; thence at right angles North 90°00'00" West 25.00 feet to a point; thence at right angles North 00°00'00" East 18.50 feet to a point; thence at right angles North 90°00'00" West 40.00 feet to a point; thence at right angles North 00°00'00" East 7.50 feet to a point; thence at right angles 3314-water-sewer-ease-desc.doc jdw Page 1 of 3 Page 2 of 3 City of Meridian Water and Sewer Main Easements Bayside Taylor Commerce Park '`~ North 90°00'00" West 60.00 feet to a point; thence at right angles ° ~ ~~ South 00 00 00 West 26.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 26.00 feet to a point; thence at right angles ° ~ ~~ North 90 00 00 West 110.90 feet to a point; thence at right angles North 00°00'00" East 10.50 feet to a point; thence at right angles North 90°00'00" West 106.49 feet to a point; thence South 00°01'00" East 35.02 feet to a point; thence at right angles South 89°59'00" West 20.00 feet to POINT OF BEGINNING #1. Said Parcel of Land Contains 21,711 Sq. Ft., more or less. Together With EASEMENT #2: A parcel of land being a portion of the East 1/2 of the SW 1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING AT POINT OF BEGINNING #2 as described above in Easement #1; thence North 00°00'00" East 117.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 20.00 feet to a point; thence at right angles South 90°00'00" East 20.00 feet to a point; thence at right angles North 00°00'00" East 167.00 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to a point; thence at right angles North 00°00'00" East 20.00 feet to a point; thence at right angles South 90°00'00" East 20.00 feet to a point; thence at right angles North 00°00'00" East 131.64 feet to a point on the South line of the City of Meridian ~ sanitary sewer easement on file under Inst. No. 7801832; thence along said South line South 89°06'32" East 418.50 feet to a point; thence leaving said South line South 00°00'00" East 23.34 feet to a point; thence South 44°06'58" East 42.86 feet to a point; thence South 00°45'56" East 24.74 feet to a point; thence at right angles North 89°14'04" East 20.00 feet to a point; thence at right angles South 00°45'56" East 20.00 feet to a point; thence at right angles South 89°14'04" West 20.00 feet to a point; thence at right angles South 00°45'56" East 199.16 feet to a point; thence at right angles North 89°14'04" East 20.00 feet to a point; thence at right angles South 00°45'56" East 20.00 feet to a point; thence at right angles South 89°14'04" West 20.00 feet to a point; thence at right angles South 00°45'56" East 104.00 feet to a point; thence at right angles North 89°14'04" East 28.12 feet to a point; thence at right angles South 00°45'56" East 15.00 feet to a point; thence at right angles South 89°14'04" West 28.12 feet to Point C of said Easement #1; thence along the North line of said Easement #1 South 87°13'33" West 55.01 feet to a point; thence leaving said North line North 00°00'00" East 358.19 feet to a point; thence at right angles North 90°00'00" West 10.00 feet to a point; thence at right angles North 00°00'00" East 20.00 feet to a point; thence at right angles South 90°00'00" East 10.00 feet to a point; thence at right angles North 00°00'00" East 30.00 feet to a point; thence North 44°06'58" West.10.96 feet to a point; thence North 89°06'32" West 265.03 feet to a point; thence South 45°53'28" West 30.58 feet to a point; thence ~ North 89°06'32" West 65.87 feet to a point; thence South 00°00'00" West 34.00 feet to a point; thence at right angles North 90°00'00" West 7.00 feet to a point; thence at right angles South 00°00'00" West 205.91 feet to a point; thence at right angles Page 3 of 3 City of Meridian Water and Sewer Main Easements Bayside Taylor Commerce Park n South 90°00'00" East 7.00 feet to a point; thence at right angles ° ~ ~~ South 00 00 00 West 60.00 feet to a point; thence at right angles North 90°00'00" West 7.00 feet to a point; thence at right angles South 00°00'00" West 115.00 feet to Point A of said Easement #1; thence along said North line of Easement #1 North 79°56'22" West 31.48 feet to POINT OF BEGINNING #2. Said Parcel of Land Contains 49,426 Sq. Ft, more or less. ` ~ `"~E~i Na4 3 4 ~,~ ~ ~~ ~~` ~~ OF Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Sanitary Sewer and Water Main Easement Agreement and Permanent Easement Contract with Carolee A. Fusselman for aNot-to-Exceed Amount of $5,914.20 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, EIT Staff Engineer DATE: December 10, 2010 Mayor Tammy de Weerd City Co~neil Memborse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: SANITARY SEWER AND WATER MAIN EASEMENT AGREEMENT WITH CAROLEE A. FUSSELMAN. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Sanitary Sewer Easement Agreement with Carolee A. Fusselman; and 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Assistant City Engineer Warren Stewart, Engineering Manager Tom Barry, Director of Public Works 489-0347 489-0341 489-0350 489-0372 Page 1 of 2 III. DESCRIPTION A. Background The Public Works Department is currently bidding a sewer line replacement project on NW 4~'' Street that will abandon a deteriorating sewer main located along rear property lines and install new sewer main in 4t'' St. right of way. A portion of the new sewer line must be extended into private property in order to provide sewer service, requiring the acquisition of a new sanitary sewer easement. B. Proposed Project The proposed easement will allow Public Works Staff to access the area for maintenance or repairs. N. IMPACT A. Fiscal Impact: Project Costs: Easement Value: $5,914.20 Total Costs $5,914.20 Project Funding Sewer Line Replacements (3590-95000) $5,914.20 Total Funding $5,914.20 V. TIME CONSTRAINTS Council's approval of the agreement is critical for the construction of the new sewer line. VI. LIST OF ATTACHMENTS A. Permanent Easement Contract B. Sanitary Sewer Easement Agre ent C. Sewer Easement D scription Approved for Council a: _ ~T~-~"~ 1Z ~ U ate Page 2 of 2 FORE IDAHO 01106111 10:59 AM ~--~.~~_~-_ ` DEPUTY Lisadatt 1111111'I'I`I~~~~~~~`~~~~~~~~~~~~~~~~ RECOROEO-RE4UEST OF i i 1001639 Meridian City SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of ,~uemb~'24 1©between Cazolee A Fussleman the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WI'ITiESSETH: WHEREAS, the Grantors desire to provide a sanitary sewerright-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer n line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer main, sewer service lines to the adjoining properties and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the ~ purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries EASMT.SWR.doc Sewer Main Easement of any public street, then, to such extent, such right-of--way and easement hereby grante 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and yeaz first herein above written. G OR: / ~-.--_ azolee A. Fusselman / 3~ ~ rc.l Lj~ Address STATE OF IDAHO ) ss County of Ada ) On this 1~_ day of /'~c-~t-'~~,~t'.?" , 20~~ before me, the undersigned, a Notary Public in and for said State, personally appeared _C~a ~`y/e'~~s~ ~'n'~~-~ proved to me on the basis of satisfactory evidence to be the person(s) who name(s) is (are) subscribed to the within instrument, and acknowledged that he (she) (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist above written. (SEAL) Sewer Main Easement ~~ .~` v "f~2~ . NOTARY PUBLIC FOR IDAHO Residing at: ~~~~ ~~~~ ~ ~~~ Commission Expires: .Gi' EASMT.SWR.doc GRANTEE: CITY OF MERIDIAN \\\\111111 U U lllll/lll,' y OF `~''FR/p~9 , ~, 2 ,~~~w ``\ ~~ T ` ~~ ~O r~~ ~1~~ % - SEAL Tammy a eerd, Mayor ? ~, ~ p r ~ ~ , P est by r cee L. Holman, City Clerk '//'~flffilfll 111111\\\\\`` Approved By City Council On: J ~ ~ ~ ~ 1 1 CJ STATE OF IDAHO ) ss County of Ada ) On this o'~1 ~ day of ~ r,~~I~20~, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. ,,..~ HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. 'DES •. ~'~"~ • ;~ ~~~' c~ ~ : NOT Y PUBLIC FO AHO ~le~ -~:'~ ~Epf,) ~; Residing at: ~~, Commission Expires: ~': _ ~ ~~ n Sewer Main Easement EASMT.SWR.doc '"~ SEWER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO CAROLEE FUSSELMAN PARCEL An easement for sanitary sewer purpose located in the NE %4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NE %4 from which a brass cap monument marking the northeasterly corner of said NE '/< bears S 89°27'04" E a distance of 2655.27 feet; Thence S 89°27'04" E along the northerly boundary of said NE '/+ a distance of 1391.17 feet to a point on the centerline of N. West 4~' Street; Thence leaving said northerly boundary S 0°21'36" W along said centerline a distance of 1306.59 feet to the POINT OF BEGINNING; Thence continuing S 0°21'36" W a distance of 20.00 feet to a point mazking the southeasterly corner of that pazcel described in Instrument Number 95018136 on file in ~ the office of the Recorder, Ada County, Idaho; Thence leaving said centerline N 89°25' 10" W along the southerly boundary of said parcel a distance of 146.32 feet to a point mazking the southwesterly corner of said parcel; Thence N 0°21'36" E along the westerly boundary of said parcel a distance of 20.00 feet to a point; Thence leaving said westerly boundary S 89°25' 10" E a distance of 146.32 feet to the POINT OF BEGINNING. This parcel contains 2,926 square feet (0.067 acres) and is subject to any other easements existing or in use. Prepazed by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 9, 2010 /"\ O J O y ~° w OZ W~ ~ ~~ Q4 ~j o W ~~~m W z~ W ~, 3 W ~.. ~ ~~ Q WQ ~~ OZ Z h b n N •~ z ~ z j ~ m ~ Q ~ O ~ V ~ ~ o ~. O Z o ~' a V ~ 6S 90f'l I M „9~ l Z 0 S I ( 133bGLS 4TH 1S3M N W o ,~ N ' -- ---~- o. h" I ~~ ~~ i W 3 ~ o- ~ ^ °o i h "? ory ~ ~~ Z 2 ~ ---~--- ~~a I I I 0 0 u 0 m W QJ U N O O City of Meridian 33 East Broadway Ave., Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Sewer Line Realacement Parcel # and Owner: 51212120690 -Carolee A. Fusselman Date of Offer: November 15.2010 THIS RIGHT-OF-WAY CONTRACT, made this day of 2010, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Carolee A. Fussehnan, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement included herewith as Exhibits "A" and "B": NOW 'TI~REFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as aze set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (acres) ($/Ftz) FACTOR ($) Permanent Easement 0.068 $3.97 50% $5,914.20 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $5.914.20 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just comvensation for the permanent easement: X Cash Payment* in the amount of ^ Donation value of the easement 55.914.20 $5,914.20 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item 1 above. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 5. The parties whose names appeaz below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, aze fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and yeaz first above written. CITY OF 1VIERIDIAN By; .lU~~" Tammy d erd, Mayor ATTEST• Jaycee H an, City Clerk Date approved by Council: ~a '~ ,~rrrriiirir „r~~ /q~ %, ,, T % ~~ A•L GR,~NTO $M ~ ~ ~7 1ST ' Carolee A. Fusselman P~~ '~ 00'UNT~ , ~~.~` ., '''~~~!rrrrrnr nr~~~~`` Date: - Page 1 of 1 Meridian City Council Meeting DATE: December 21, 2010 ITEM TITLE: PROJECT NUMBER: Dog Licensing Designee Agreements (b) Effective January 1, 2011 through December 31, 2011 MEETING NOTES ~`~` CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~a-aa ~a~da ~`_ 0 r iq ~vux.tS -~ ~1~enree ~e ITEM NUMBER: E IDIAN -~- t-~ DOG LICENSING DESIGNEE AGREEMENT THIS AGREEMENT, made this .3 day of ~y 20'`0 , by and Day Month Year between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue, Meridian, Idaho 83642, and Ac.` V~u,~., ~µ~~ ~ C~In.G-, hereinafter referred to as "LICENSING DESIGNEE," Licensing signee Name whose business address is ~ 3,2-(Q ~', L~',v~'.~~ D /L ,Meridian, Idaho, 8. Address Zip C e A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE'S issuance of dog licenses on CITY'S behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, oZOt ! to December 31, ~ i Year Year C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog ownerluser is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license ,y-~, tag will indeed replace validly issued, lost tag. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 1 OF 6 c. Collection of appropriate license fee. 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; r-'~ e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. ~. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OF 6 Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. 5. Annual submission to City Clerk: No later than January 15, o I l ,LICENSING DESIGNEE shall submit to the Meridian City Clerk: Next year a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags '~` returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE ~,OU ~nri dog license tags with the following serial numbers: 3$0 l - _3q ~~ , which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the ,~ discrepancy. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 OF 6 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's Logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Indemnification and Hold Harmless: LICENSING DESIGNEE 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/or losses and expenses caused or incurred by LICENSING DESIGNEE, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of CITY or its employees. H. Independent Contractor: In all matters pertaining to this agreement, LICENSING ~` DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. I. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: /~ l-l, Ui4 u, 6 y A ~ ~ r~ ~ ~ C i~-~ ~ G EtiT ~n Z 31G, E ~ rtir M~ rJ ~. ~ Licensing Designee Name and Address Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. J. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 4 OF 6 /'~ K. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. L. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. M. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. N. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE' S records with respect to all matters covered by this Agreement. O. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. ~`' P. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. Q. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepazed under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian .~ City Code and/or under this Agreement, completed or incomplete, shall, at the option of DOG LICENSING DESIGNEE AGREEMENT ~ PAGE S OF f) • r the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. R 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. S. 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. T. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. ,~-~ U. Approval required: This Agreement shall not become effective or binding until approved by CITY. DESIGNEE ~OtSoh ~- ~e Pnnt Name Attest: ~'° rFO Y CL - SAL ~r ys~ • .r /,/~~Oq COUNTY ~~P~~~\\`` DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 CITY OF ME IAN BY: ,~~' TAMM WEERD, MAYOR \~,,,,~ .~`~`~ OF /"r E IDIAN.-.--- DOG LICENSING DESIGNEE AGREEMENT THIS AGREEMENT, made this ~ ~ day of C~ C~ o1r~.~ , ~~ I ' by and Day Month ear betty City of Meridian, a municipal corporation organized under the laws of the State of o, h after of ed to as "CITY," 33 East Broadwa Avenue M G~ Y endian, Idaho 83642, and hereinafter referred to as "LICENSING DESIGNEE," Licensing Des e ~e'r11~1\ ~Yl ~ e`~ ~~ T~"Gl whose DUSIneSS aUUdress Is -~1,. ~ w. ~,,,,~~~,,,_ ,Meridian, Idaho, ~' Z Address ip Code A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, ~[ 1 to December 31, v I Year Year C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement Iicense tag will indeed replace validly issued, lost tag. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 1 OF 6 ~~. c. Collection of appropriate license fee. 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE'S monthly log, completed in full. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OF C) Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed.- 5. Annual submission to City Clerk: No later than January 15, ~, LICENSING DESIGNEE shall submit to the Meridian City Clerk: Next year a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE 5~~ ~ri dog license tags with the following serial numbers: o? \ O ~ - ,~ (n ~ , which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the ofFcial monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the ,.-,, discrepancy. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 OF 6 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Indemnification and Hold Harmless: LICENSING DESIGNEE 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/or losses and expenses caused or incurred by LICENSING DESIGNEE, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of CITY or its employees. H. Independent Contractor: In all matters pertaining to this agreement, LICENSING ~` DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. I. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83 42, or to LICENSING DESIGNEE as follows: i ' ~ , ~~~~.Q2~t rlc c... CIS (mil ~ ~,~_-f T~Tr~ ~il~.~n--f _ `-mac ~ (~. \ ~>~ ie 3~ Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. J. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. ~"~ DOG LICENSING DESIGNEE AGREEMENT ^ PAGE 4 OF F) K. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. L. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. M. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. N. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE' S records with respect to all matters covered by this Agreement. O. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. '~ P. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. Q. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian r~ City Code and/or under this Agreement, completed or incomplete, shall, at the option of DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 5 OF 6 r"~. the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. R 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. S. 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. T. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. r-~ U. Approval required: This Agreement shall not become effective or binding until approved by CITY. LIC~TSING DESI NEE ;, r ,~a~ BY: ~c'~Ic~ .. T~c;t x ~' air ~ /- ~nnTName CITY OF MERIDIAN BY: .,~hylL~ ,.~ p~~'r~~iq,,,''',, ``.`~~~; ~ i s i i t ~ i~ ~ iii TAMM e WEERD, MAYO ti , ~,oa r~ o Attest: SEAL " ~M ~ O CITY CL % 'gyp ~'sr ~s~ ~ 1 ~` ~~' :. ,9 Q, ~~ ~~''~~, COUNTY ~ ~~~~`~~`\ DOG LICENSING DESIGNEE AGREEMENT ~ PAGE G OF 6 E IDIA.N~--- DOG LICENSING DESIGNEE AGREEMENT THIS AGREEMENT, made this `~ day of GC's !!i by and Day Month Year between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue, Meridian, Idaho 83642, and SE'?T~S Qq~tK (I'~T~'ns~'•ihn-y ,hereinafter referred to as "LICENSING DESIGNEE," -~~censmg Designee Name whose business address is 3~Ni ~tl. ~" lC-n~t7~avlC~ ,Meridian, Idaho, ~~6k6 dress Zip Code A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(IT). B. Time of Performance: This agreement shall be effective from January 1, far/ to December 31,~ot ~ ~~ Ye C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 1 OF 6 c. Collection of appropriate license fee. 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; ,,,"~ f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE'S monthly log, completed in full. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OF 6 ~'"~ Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. 5. Annual submission to City Clerk: No later than January 15, ~0 1 ~ ,LICENSING DESIGNEE shall submit to the Meridian City Clerk: Nextyeaz a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the ~ number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE ~, O(~ Quantity dog license tags with the following serial numbers: y ~ ~~ - y y ~ C? which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the /"~ discrepancy. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 OF 6 n. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Indemnification and Hold Harmless: LICENSING DESIGNEE 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/or losses and expenses caused or incurred by LICENSING DESIGNEE, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of CITY or its employees. H. Independent Contractor: In all matters pertaining to this agreement, LICENSING i"~ DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. I. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: __ SEtTt.Ei~ s ~~~ ~[ U rF/L 'r'•~M~, Nas,~ ~ ~7(i .~ ~ E~~ ~- .~. ~? D L~censm Des Name and A dress Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. J. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. DOC LICENSING DESIGNEE AGREEMENT ~ PAGE 4 OF 6 K. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. L. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. M. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. N. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. O. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. P. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. Q. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian ~'`• City Code and/or under this Agreement, completed or incomplete, shall, at the option of DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 5 OF 6 ~. the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. R 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. S. 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. T. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. U. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE Si e Print Name CITY OF MERIDIAN BY: r i!~-..a ~~;~:~,,,,;. TAMMY ERD, MA\Y,C~~' ~yrr ~'~tj~ f~•;,,,~~'. C~' oa~ar 'L ,; Attest: ~~ Fo SEAL CITY CL - ~ ~~' c 9 ~ ~: DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 E IDIAN.----- DOG LICENSING DESIGNEE AGREEMENT TffiS AGREEMENT, made this __~__ day of ~i , o~1t~ , by and ay Mont Year between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter ref rr d to as " ITY," 33 East Broadway Avenue, Meridian, Idaho 83642, and .c. V' ~ ,hereinafter referred to as "LICENSING DESIGNEE," Licensing Desi a Name whose business address is ~L.,CA f /~(~/LtcQ~,a= ~ ,Meridian, Idaho, Address Ztp C e A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of ,.~ Meridian; and 2) implement the provisions of Meridian City Code section b-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2a~/ to December 31, Year Year C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license ~`~` tag will indeed replace validly issued, lost tag. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 1 OF 6 Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth~(15th) day of the month following the month for which the fees were collected and the monthly log completed. 5. Annual submission to City Clerk: No later than January 15, , LICENSING DESIGNEE shall submit to the Meridian City Clerk: eX` yam` a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE ~ ~ uant~ty dog license tags with the following serial numbers: aq©~ - 3n~ , which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. DOG LICENSING DESIGNEE AGREEMEN"T ~ PAGE 3 OF 6 c. Collection of appropriate license fee. 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; ,,..~ e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE'S monthly log, completed in full. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OF 6 3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Indemnification and Hold Harmless: LICENSING DESIGNEE 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/or losses and expenses caused or incurred by LICENSING DESIGNEE, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of CITY or its employees. ~.., H. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. I. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: 7'~1CsAS.,•nG V/~~-t,~.., Vfsr62s,/,a/ty ~CoGO .i: /"~~~.~11sYA~v _~- Licensing Desig6ee Name and Address Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. J. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 4 OF 6 :,"'~ K. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. L. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. M. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. N. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. O. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. P. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. Q. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian ^ City Code and/or under this Agreement, completed or incomplete, shall, at the option of DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 5 OF 6 the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. R 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. S. 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. T. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. U. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICE SING DESIGNE s~~a~ ~ ~l~'t BY: ~ G~ ~'~'' "" n t Name CITY OF/MERIDIAN BY: / TAMM e WEERD, MAYQ,R+++"'"""~~,,, Attest: ~. ''T' Fo CLE ,t~L ~ ~~c ,~~' DOC LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 ~. E IDIAIV ~~~ DOG LICENSING DESIGNEE AGREEMENT THIS AGREEMENT, made this /Day day of J;'-~~.~ n ~r~ ~'~~ ~ , by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Idaho Avenue, Meridian, Idaho 83642, and ~~ ~) 7[lr.1 ~~~ `~t~r,'i ~-~~ ,hereinafter referred to as "LICENSING DESIGNEE," ~censing Designee N e whose business address is ~' i-~. ',.tr %~~~~ ,Meridian, Idaho, ~'.3rrs~`/L Address Zip~e A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of ~ Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, ~Grl to December 31, ~~ ~ I Yeaz Year C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license ~ tag will indeed replace validly issued, lost tag. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 1 OF 6 ~. e. Collection of appropriate license fee. 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; ~ e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documelltation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and b. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in ~,.,~ full. DOG LICENSING DESIGNEE AGREEMENT n PAGE 2 OF 6 r"~. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. 5. Annual submission to City Clerk: No later than January 15, ..~~i ,LICENSING DESIGNEE shall submit to the Meridian City Clerk: Next year a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the ,.~-~ number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license trigs: CITY shall provide to LICENSING DESIGNEE 30Q Quantity dog license tags with the following serial numbers: ~~©\ - ~ ~D ~ _~ which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the r discrepancy. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 OF 6 ~"'~. 3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Indemnification and Hold Harmless: LICENSING DESIGNEE 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/or losses and expenses caused or incurred by LICENSING DESIGNEE, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of CITY or its employees. .-,_ H. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. I. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to LICTEN//SING DE-SOIGNEE as fo/~llow/s~:, / I~ 1-~/! TC~J~~~P l.~l~~~G-4',!L' ~ / C ~T I ~~/fi/ ~_,~~ J~~ Grv GV~/ l~!/~~ l~K.~b'~~//~~/ ~ ~,~ Ziccnsmg D s~gnee Name and Address 0.3~L~~~Z Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. J. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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, tern~ination or forfeiture of this Agreement. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 4 OF 6 ,, K. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. ' L. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. M. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. N. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE' S records with respect to all matters covered by this Agreement. O. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. P. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to acceptor reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. Q. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or r„~ documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of DOC LICENSING DESIGNEE AGREEMENT ~ PAGE 5 OF 6 a ` . 1 the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. R 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. S. 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. T. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. U. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE ~ , - .,, s ~~ ~ F r BY: r ,K ICY/~,~ /~ /~C; /' vii > i ~ f rint Name CITY OF MERIDIAN TAMMY: e EERD MAYC~~``~ ~' ~'`~%, Attest: o SEAL CITY CLE ~~ ~~' :~~i •90 LST t S~ ' ,~`~~ ~~~~''~~„~UNTY,,,.~~`~~. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 ~F 6' E IDIAl'~T-- DOG LICENSING DESIGNEE AGREEMENT THIS AGREEMENT, made this o~ ~ day of LP~'Pa , o2p f D , by and Day Mon i Year between the City of Meridian, a municipal corporation organized under the laws of the State of o, hereinafter referred to as "CITY," 33 East Broadway Avenue, Meridian, Idaho 83642, and t~~ ~ ~ „~ ~ ~, ,hereinafter referred to as "LICENSING DESIGNEE," ~censmg esignee Name ~^ whose business address is 1~/ ~. ff~/RV/ESA ,Meridian, Idaho, ~~. Address Zip e A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE'S issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of ,,~ Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, o// to December 31, e20/ Year Year C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination`in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license ~"` tag will indeed replace validly issued, lost tag. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 1 OF E) e. Collection of appropriate license fee. 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; ~..` e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 2 OF f) i"~. Such fees and log shall be submitted to the Meridian City Clcrk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. 5. Annual submission to City Clerk: No later than January 15, _ ~ OL ~, ,LICENSING DESIGNEE shall submit to the Meridian City Clerk: Nextyeat a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the ~ number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSI'.'G DESIGNEE ~O4 Q~hri' dog license tags with the following serial numbers: ~'~ ©1 -_ ~3-1 C~C~ which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of all dog license fees collected by LICEI~T`~ING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSII~ ~ DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine t' ;at the fees remitted correspond to the number and type of dog license tags issued b~ the designee according to the designee's log. In the event of a discrepancy between the 1~, ~>, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING; DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount. of the ~ discrepancy. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 OF 6 3. Annual accounting: Upon LICENSING DESIGNEE's remittan: e to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNI :'J, all official monthly logs kept by LICENSING DESIGNEE, unissued dog license tag:, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and t` ~c of dog license tags issued by the designee according to the designee's logs. In the e . ent of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGN:; ;!? shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSI : G DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Indemnification and Hold Harmless: LICENSING DESIGNEE <: •~ all indemnify and save and hold h~umless CITY from and for any and all losses, claims, act ,ns, judgments for damages, or injury to persons or property and/or losses and expense: caused or incurred by LICENSIN G DESIGNEE, its servants, agents, employees, guests, a: , d business invitees in the course of implementing the terms of this Agreement, and not cause< ~y or arising out of the tortious conduct of CITY or its employees. ~ H. Independent Contractor: In all matters pertaining to this agreem~~ :c, LICENSING DESIGNEE shall be acting as an independent contractor, and neith INCENSING DESIGNEE, nor any officer, employee or agent of LICENSING DE. ; CJNEE will be deemed an employee of CITY. The selection and designation of the persons:.. : of CITY in the performanc ~ of this agreement shall be made by CITY. I. Notices: Any and all notices required to be given by either of the F :ties hereto, unless otherwise 5 rated in this agreement, shall be in writing and be deem. : communicated when mailed in tl~.e United States mail, certified, return receipt requested. :dressed to CITY as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridi~ .Idaho 83642, or to LICENS1Iti G DESIGNEE as follows: ~icensmg Designee Name and c,dr s -~'~ Either pari;~ may change its address for the purpose of this paragral by giving written notice of such ch::nge to the other in the maruier herein provided. J. Attorney i~'ees: Should any litigation be commenced between the ; roes hereto concerning this Agreeent, the prevailing party shall be entitled, in addition tc ;y other relief as may be granted, to court costs and reasonable attorneys' fees as detcrmine~ ., a Court of competent jurisdiction. This provision shall be deemed to be a separate contra between the parties and shall survi~, a any default, termination or forfeiture of this Agreeme DOC LICENSING i ;11~SIGNEE AGREEMENT ~ Pr'~GE 4 OF fi K. Assignment: It is expressly agreed and understood by the parties h~ ao, that LICENSING DESIGNEE;; shall not have the right to assign, transfer, hypothecate, ibcontract, or sell any of its rights or responsibilities under this Agreement except upon th ~rior express written consent of CITY. L. Diserimin. t ion Prohibited: In performing the Services set forth h ein, LICENSING DESIGNED, shall not discriminate against any person on tl;e basis c race, color, religion, sex, nation.: origin or ancestry, age or disability. M. Reports aI: a Information: At such times and in such fon ra as the ITY may require, there shall be fur.~ished to the CITY such statements, records, re.~orts, da and information as the CITY may : equest pertaining to matters covered by this A~~ cement N. Audits anu Inspections: At any time during business hours and a~ deem nece:,sary, there shall be made available to the CITY for exar LICENSI7\,.-f DESIGNEE'S records with respect to all matters cove O. CompliancL with Laws: In performing the scope of services requi LICENSII~ ~;r DESIGNEE shall comply with all applicable i ~.tiws, or Federal, St::e, and local governments. P. Changes:: ~ ~ oposed changes to any portion of this Agreem c nt shall The parry t.7 whom the change is proposed shall have thin: X30) d~~: proposed c:ange. Changes which aze mutually agreed up;-a: by anc LICENSIT•'. U DESIGNEE shall be incorporated into this A~reemer signed by l oth parties. ften as the CITY may cation all of .;d by this Agreement. 1 hereunder, ~.anccs, and codes of submitted in writing. to accept or reject the etween the CITY and oy written amendment Q. Terminat; n: 1. Writtci notice: If, through any cause, LICENSING D1;SIGNI: .its officers, employees, or ages . a fails to fulfill in a timely and proper manner its oblig: ins under this Agree:.:ent, violates any of the covenants, agreements. ~ r stipu falsific.; any record or document required to be prepares: under fraud, ,:ishonesty, or any other act of misconduct in the ;~erfon the Meridian City Council determines that termination, of this interes~, of CITY, the CITY shall thereupon have the r~i~t to to giving '..ICENSING DESIGNEE at least fifteen (15) cr:~ndar < LICET aING DESIGNEE may terminate this agreemen at an_~~ fifteen, i,15) calendar days written notice to CITY. 2. Remit.:~nce to CITY: In the event of any terminatio. ,-~ th;s ; docurr. _ nts, data, and reports prepared by LICENSED~:_~ '~ES1C City C' de and/or under this Agreement, completed or i ncomp? DOG LICENSING ::SIGNEE AGREEMENT ~ PAGE 5 OF 6 ions of this Agreement, s agreement, engages in nee of this contract, or if regiment is in the best r. ~~.tc this Agreement by ~s written notice. ,~e by giving at least c : n c nt, all finished or ;E pursuant to Meridian ~, shall, at the option of .~ the CITY, become its property, and LICENSING DESK :NEE sI licensin~_ tees collected by LICENSING DESIGNEE or~ CIT~`'s dog lice ~ : se tags. Upon such remittance following term ~ ration, i shall cor.c.uct an accounting(s) as set forth in sections L==; "2) and l and LIG :LASING DESIGNEE shall remit to CITY fund~• in the a discrep.~:~:cy. LICENSING DESIGNEE shall not there;-; be relic CITY fi;: damages sustained by the CITY by virtue of ~~.:y breac LICEN::LAG DESIGNEE. This provision shall survive the tern and shat: not relieve LICENSING DESIGNEE of its li~~'.ility `o R Construct; nand severability: If any part of this Agreement is le unenforcea'~ e, such holding will not affect the validity or c ;.forceal this Agreer~ . = nt so long as the remainder of the Agreemen? ; :~ reason completion . S. Entire agr: ,•ment: This Agreement contains the entire a~~ cement supersedes :.ay and all other agreements or understandings. oral or " to the exec,::ion hereof or contemporaneous herewith. T. Applieablraw: This Agreement shall be governed by am:' cons. rl. accordance .pith the laws of the State of Idaho, and the ore. ianc~a ;~c m it to CITY all ~.: ;~ gild all unissued radian City Clerk i~:his Agreement, ~~:alt ofthe •c', of liability to the ~~ ~ iris Agreement by ~~n of this agreement `~"'.~Y for damages. c invalid or 1ny other part of ;:gable of ~. »arties and whether previous :~ forced in ~~,~ of Meridian. U. Approval ~ squired: This Agreement shall not become e..:ctive o ::~g until approved by CITY. LICEN ;SIG E / ~'~ ., ~~t~ - __ // BY: ~~~~, ~ ~L.-Ll~~iic.~ Print Namc CITY OF MEI:DIAN `\\`~~ii~~ ~i•i piirrrrriii TAMN; e WEEIZD, MA\~~~~,~T~ 9y ~',: Attest: _ ~~AL -- '9 ~O~ C ~ ': ~Q9 UST iS~ ' P•2`~ ~~ ~'%,,,~ OUNT~ ~ , ~,.. DOG LICENSING I ;SIGNEE AGREEMENT ^ PAGE 6 Or' 6 Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5.1 PROJECT NUMBER: ITEM TITLE: Meridian Food Bank Community Development Block Grant (CDBG) PY2010 Subrecipient Agreement MEETING NOTES ~pyUY"~y{ '~/"/ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l / QI,Y ~r ~a9 2, l O SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN FOOD BANK ^ FOR PY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this _~_ day of nPre,,.,t~~, 20~_ by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Valley Shepherd Nazazene Compassionate Ministries Center, Inc., dba Meridian Food Bank, a nonprofit chazitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2010 (PY10); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY10 CDBG funds in the amount of forty thousand dollazs ($40,000) to purchase food supplies for distribution at the Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho, or equipment required for delivery of this service. Subrecipient shall be responsible for administering its PY2010 CDBG funds in a manner satisfactory to City and consistent with any and all required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY10 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve six hundred (600) Units of Service. For the purposes of this Agreement, "Units of Service" shall be defined as residents provided food by the Subrecipient. 2. Performance measures. This project will provide food for LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Family size (number of individuals) of each person or household assisted; and b. Household income of each person or household assisted; and c. Race and ethnicity of individuals assisted; and d. Number of individuals gaining new access to services provided; and e. Number of individuals gaining improved access to services provided. PYl O SUBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK PAGE 1 OF 13 D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. '~`~ E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on or before December 21, 2010 and end on September 30, 201 1. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY10 CDBG funds in the amount of forty thousand dollars ($40,000) to provide direct homeownership assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A- 122, "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. ''""` 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services PY10 SUBRECIPIENT AGREE[vtENT -MERIDIAN FOOD BANK PAGE 2 OF 13 provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be '"~ made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the. terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make ^ excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances ~'"`~ available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Documentation required prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of the PYI O St>BRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 3 OF 13 housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date r"'` may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $40,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD-1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2011 unless otherwise agreed in writing. 6. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 7. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance /"~ Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify /-~ properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after PY 1 O SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 4 OF 13 expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to ^~ the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § $70.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; ~"~ d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.$02; g. Other records necessary to document compliance with 24 CFR Part $70, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § $70.604 and part $2. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five ($) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section $04 of the Rehabilitation Act of ~ 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 197$, Executive .Order 11063, the Executive Order 11246 as amended by Executive Order 1137$ and 12086, and 24 CFR $70.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, PY10 SUBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK PAGE $ OF I3 in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce ~"`~ such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. r-~ 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority-Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of ~"~ Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or PY 10 SUBRECIPIENT AGREEIvIENT - MERTDIAN FOOD BANK PAGE 6 OF 13 Affirmative Action employer. !"~ F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standazds Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided,'that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701} ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for ~"` training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." PYlO SUBRECIPIENT AGREEMENT- MERIDIAN FOOD BANK PAGE 7 OF 13 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation '~ (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take ~"`~ appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the, award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they ~ have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. PY10 SUBRECIPIENT AGREEMENT- MERIDIAN FOOD BANK PAGE 8 OF 13 J. Lobbying. `The following certification is a material repr ubm sts on offth's certificat onr sl a prerequisite placed when this transaction was made or entered Into. S ~ for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Mema er anCth grmaking of any Federal the awarding of any Federal Agreement, the making of any Fede gr , loan, the entering into of any cooperative agreemennteand thanet' loan,IOr cooperat ve agreement; amendment, or modification of any Federal Agree , gr 2. If any funds other than Federal appropriated funds h to ee of anda ency,ba Member of Congress,ran influencing attempting to influence an officer or emp y Y g officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. SubmisllU S ChIS1352ifica~tiy personrwho fails to fi a the required ring into this transactlon Imposed by 3 § '"`~ certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). ~ C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and PAGE 9 OF 13 PY10 SUBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK is of ro erties constructed prior to 1978 be properly notified dabased paint and xpla n the e tenan p p lead-based paint. Such notificautions that should beh aken when dealing with lead-based paint poisoning ~ symptoms, treatment and preca and the advisability and availability of blood level screeninrt foabatement measuresema be undertaken. also point out that if lead-based paint is found on the prope y, The regulations further require that, depending on the ~ m t be conductedds applied to a property, paint testing, risk assessment, treatment and/or abatem Y D. Historic Preservation. Subrecipient agrees to comply astasn ndedt 16 U.S.C. § 470)rand the ents set forth in the National Historic Preservation Act of 1966, ( procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the perfn Officer for all rehabil tation and demolition of requires concurrence from the State Historic Preservatio historic properties that are fifty years or older or that are included on a Federal, state or local histonc property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Food Bank Attn: Lori Den Hartog Attn: Dan Clark CDBG Program Administrator Executive Director ~'` 33 E. Broadway Avenue 15 E. Bower Street Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. .Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to ~"~ Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for PAGE 10 OF 13 PY10 SiIBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK a es or injury to persons or property and/or losses and expenses cauest oand/or >u vrteesuanrd Ipient dam g and/or its employees, agents, contractors, officials, officers, servants, g , .--~_ articipants in its programming, and other costs, including litigftlus A steemen by Subrecipient~and/or P out of, resulting from, or in connection with the performance o ests, Subrecipient's employees, agents, contractors, subcontractors, officials, offic P , servant,, ~ death, invitees, participants, and/or volunteers and resulting in and/or attributable to ersonal in ury, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Work t s' Compensation Insurance coverage for all employees involved in the performance of this Agreemen G. Insurance and bonding. Subrecipient shall carry su~al dama er FurthereSubrecipient ha~comply assets from loss due to theft, fraud and/or undue phys g with the bonding and insurance requirements of 24 CFR § § 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will ailable under this Agreementpport provided herein in all publications made possible with funds made av I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local '~`' governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. r~ 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: PYI O SUgRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 11 OF 13 a. Failure to comply with any of the rules, regulations or proe isioo Gies or direct ves as may become statutes, regulations, executive orders, and HUD guidelm , p ~"'~ applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. '~~ 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure-that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. !-~. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); PY1 O S[7aRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 12 OF 13 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. 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. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. 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. SUBRECIPIENT: Meridian Food B~an~k~ CJ ~-"~ y: Dan ark, Executive Director e~ ~oc~ ~'A TE ~~••'~a STATE OF IDAHO ) ss: County of~_ ) I HEREBY CERTIFY that on this 1~ day of ~ :~, ~o%~% before the undersigned, a Notary Public in the State of Idaho, personally appeared Dan Clark, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ~~ G. ' I ~ ' ~ ,Idaho My Commission Expires: ~ -, ~, - ~ ~I~ CITY: --•~.....-- \ ~,,,~,. ;.., ,,;~ City of Meridian \~~~`~.~ ~f ~'°~R/Q~A~test: ~. / .~ \ \~GORp~9TFp ~ ,~~ ~"~ 0~-c By: T c Weerd, Mayor = ~~AI' J yce -~ ~,~ c '~ o -9 PY 10 SUBRECIPTENT AGREEMENT - MERIDIAN~~i ~~IZ]4IC~~~~~\,\\ City Clerk PAGE 13 OF 13 Meridian City Council Meeting noTE~ December 21.2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Meridian Arts Commission 2010 Annual Report MEETING NOTES CLERKS OFFICE FJNAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Commission 2010 ACCOMPLISHMENTS In 2010, MAC continued fulfilling its mission to develop, advance and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors. Initial Point Gallery: MAC juried, selected, displayed and rotated a new artwork in Initial Point Gallery monthly. This year's artwork included a Chinese Art Exhibit as well as the Idaho Watercolor Society exhibition. Commissioner Dwight Williams and his committee of volunteers worked tirelessly hanging and retiring the art each month. We collected $455 in gallery maintenance fees. We also purchased display cases for the gallery so we can now exhibit three-dimensional artwork. Missoula Children's Theatre: MAC brought the MCT production of "Pinocchio" to the children of Meridian. We partnered with the Parks and Recreation Department to use the Community Center for rehearsal space. MAC received a $2,500 grant from Wells Fargo and generated $557 in ticket sales. Concerts on Broadway: Our three outdoor concerts in the plaza at City Hall were a great success. The University of Phoenix was our major sponsor, donating $1,500, and we received a $3,500 grant from the Meridian Development Corporation. These free concerts continue to be well attended and it ''~ is exciting to see the diverse age of those in attendance. Artist in Residence Program: Chief Joseph Elementary School received our first Artist in Residence award of $1,500. The school brought in Teaching Artist, Rachel Swenson who taught a creative dance performance to all the 5th grade classes. These students performed "Old Turtle & the Broken Truth" with joy and enthusiasm. It was fun to see how transformed they were while acting out the dance. Young Artist Awards: MAC commissioners juried the artwork of students at Meridian Joint School District no. 2 art show, and awarded $50 each to three outstanding young visual artists. Young Musician Awards: MAC participated in Meridian Symphony's Young Musician competition, contributing $ 150 towards the awards. Art in Public Spaces: MAC completed this project with the purchase of 6 beautiful pieces of art for City Hall. Three of these pieces were privately funded by community donors. Additional work: • MAC provided input and expertise on the Julius M. Kleiner Memorial Park artwork and memorial statue design. • Commissioner Meg Glasgow continues working with MDC to install an artist in residence in the Ground Floor business incubator. • MAC continues to contribute to the Rock of Honor veterans memorial proposal for Storey Park. ~ • Commissioner Mary Jensen is our representative on the Destination Downtown project committee. • MAC worked with the Parks & Recreation Department and Meridian Academy students to complete a mural in Tully Park. Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5L PROJECT NUMBER: RZ 10-005 ITEM TITLE: Volterra Subdivision Findings of Fact, Conclusions of Law for Approval: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South MEETING NOTES ~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS la/aa /~~~ - l~ ~a ~ ~~ Ma,~~ -~ ~~~. -hY,~~, ~ M ~ 7` Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5M PROJECT NUMBER: PP 10-004 ITEM TITLE: Volterra Subdivision Findings of Fact, Conclusions of Law for Approval: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision North MEETING NOTES Findings in the RZ 10-005 file CLERKS OFFICE F/NAL ACT10N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5N PROJECT NUMBER: PP 10-005 ITEM TITLE: Volterra Subdivision Findings of Fact, Conclusions of Law for Approval: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South MEETING NOTES Findings in the RZ 10-005 file CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 50 PROJECT NUMBER: MDA 10-009 ITEM TITLE: Volterra Subdivision Findings of Fact, Conclusions of Law for Approval: MDA 10-009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement MEETING NOTES ~} CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ /ova 1~ ~a -- 1~/~~ - ~.~ ~ ~( +~ ch vc~~ ~In .s+~sev~ - ~Y' a t h ~~SCGf ~ 1 ~ Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Resolution No. ~~ - ~1(pa;, :Adoption of the 2011 Initial Point Gallery Schedule MEETING NOTES ~~ CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ f as ~~(aa- i_ CITY OF MERIDIAN RESOLUTION NO. ~ ~ - -] ~ a. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE 2011 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-5-2(C)(2-4) charges the Meridian Arts Commission with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, encouraging the growth and preservation of the city's art resources, fostering the development of a receptive climate for the arts, promoting self-sustaining arts programs within the City, and reviewing and advising the City Council on the aesthetic aspects of works of art to be displayed by the city of Meridian; WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall; WHEREAS, on November 4, 2010, the Meridian Arts Commission reviewed the responses to the Call to Artists, selected artists whose works are appropriate for display in Initial Point Gallery based on their respectively submitted proposals, and recommends to the Meridian City Council that such artists' work be displayed in Initial Point Gallery in 2011; WHEREAS, the Mayor and City Council find that the proposed 2011 Initial Point Gallery Schedule, as set forth in Exhibit B, will serve the best interest of the people of Meridian and all visitors to Meridian City Hall; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed 2011 Initial Point Gallery Schedule, attached hereto as Exhibit B, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21st day of Dec., 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 21st day of Dec., 2010. \~y ®~~~,~~.~~a<<~~;, APPROVED: f .~ ~ c3' o~~TFo ATTEST: ~ ~`'~ ay~r T y de Weerd EAL = By: o~ _ Jayce olman, City C~erk,9 ~~st is~ ~°j ~O\``\, ,,, o,~ ~ \aP ,,, RF.SnT,iJTTnN AI~nPTiN('~ 2011 iNiT1Ai//PCS11~hC~~A~~i~F.RY SCHF.1~iJi,F, Paee 1 of3 EXHIBIT A Meridian ~ Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho, and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application t-t Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts,. local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org RF,SnT,UTTnN AT)(~PTTN(; 2011 TNTTTAT, PnINT ('~A1,T.F.RY SCHF,I~TIT:F. Page 2 of 3 EXHIBIT B Meridian Commission Schedule: 2011 INITIAL POINT GALLERY SERIES 2D ARTIST(S~ 3D ARTIST(S~ 1 1/3/11 to 1/28/11 JanyRae Seda Ted Smith 2 1/28/11 to 2125./11 Michael Rusnack Ted Smith 3 2/25/11 to 3/25/11 David R. Day 4 3/25/11 to 4/22/11 Karyn deKramer Joni Frey 5 4/22/11 to 5/20/11 Mexican art 6 5/20/11 to 6/17/11 Art Expressions 7 6/17/11 to 7/15/11 Kevin Flynn Kevin Flynn Shirley Williams 8 7/15/11 to 8!19/11 Marcella Gillenwater Marcella Gillenwater 9 8/22/11 to 10/7/11 National Watercolor Society 10 10/7/11 to 11 /4/11 Meridian Parks £t Meridian Parks &t Recreation Community Recreation Community Center Art Group Center Art Group 11 11 /4/11 to 12/2/11 Sandra L. Shaw Sylvia Cohen 12 12/2/11 to 12/30/11 Charles Scheer Tom Young RF,SnT.T 1Tl(~N A1~nPTING 2011 TNITTAI, P(~1NT C~AT.I,F,RY SCHF,T)T JT,F, Page 3 ~f 3 Proposed 2011 Series Initial Point Gallery Artists Meridian ~ Commission December 21, 2010 Proposed 2011 Initial Point Gallery Schedule 8 I 7/15/11 to 8/19/11 9 11 2D Artist(s) JanyRae Seda Michael Rusnac David R. Day Mexican art 3D Artist(s) Ted Smith Ted Smith Kevin Flynn Marcella Gillenwater Meridian Parks & Recreation Art Expressions Sylvia Cohen David R. Day Karyn deKramer .~~ ti P ,~ t~ ~`:'~ ~ ~ °t,4 ~:. ~, z ~~ -~ ' ~,*, ~ ~ ~. Joni Frey Marcella Gillenwater 1 ~~. i ~~ , ~, ~' ,r Kevin Flynn Edie Schutte Martin ~~ Mexican Consulate Partnership MPR Community Center Art Group National Watercolor Society Michael Rusnack ~r M ~ :) Mqd i.< .. ~ i'~~' ~ ~~ ~ ~~ ~r s~ Fg ~~ ___A~~,,r~~.'~ ~~ Charles Scheer JanyRae Seda Sandra L. Shaw Theodore J. Smith Shirley Williams Tom Young Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Resolution No. 10 - ~11v~ : A Resolution of the Mayor and the City Council of the City of Meridian, Adopting changes to the Cross Connection Control Program; and providing an effective date MEETING NOTES nY/ ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ra~aa tai ~a-- ~___ CITY OF MERIDIAN RESOLUTION NO. ~ ©` ~ C~3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING CHANGES TO THE CROSS CONNECTION CONTROL PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian recognizes that the highest priority of the City's Public Works Department is to provide residents with clean, safe drinking water which includes eliminating the risk of contaminants from entering the City's water system; and WHEREAS, the City's Cross Connection Control Program, which includes the Backflow Prevention Program, is designed to not allow contaminants into the water supply by preventing reversal or backward movement of normal water flow through the municipal water system; and WHEREAS, as part of its Backflow Prevention Program, in 2005 the City of Meridian adopted a Backflow Testing and Repair Reimbursement Program to assist property owners with the costs associated with testing qualified private backflow prevention devices; and WHEREAS, over time the quantity of backflow prevention devices within the City which qualify for the Backflow Testing and Repair Reimbursement Program has dramatically increased such that there are currently over 6,000 devices, which is representative of 23% of the total customer base, that annually qualify for testing reimbursement at a cost to the City of $300,000; and WHEREAS, the unintended result of this reimbursement program is that these customers receive free backflow inspection services for private devices that are inequitably subsidized by all of the City's water customers; and RESOLUTION ADOPTING CHANGES TO THE CROSS CONNECTION CONTROL PROGRAM Page 1 of 3 WHEREAS, in addition to the devices that qualify for reimbursement, there are known to be approximately 1,000 non-qualifying dual-connected devices that have been connected to the municipal drinking water system most without City approval and that do not conform with the City of Meridian Code, Title 9, Chapter 1-28(C) and/or Title 9, Chapter 3; and WHEREAS, to address these issues, at the request of the Mayor and City Council, employees of the City's Public Works Department formed a Backflow Assembly/Dual Connection Workgroup, including representatives from several affected Homeowners Associations by these issues, to gather and analyze data related to dual-connections and engage in extensive negotiations to develop and recommend changes to the City's Cross Connection Control Program, particularly related to the Backflow Testing and Reimbursement Program; and WHEREAS, after receiving City staff and public testimony on several occasions relating to the changes being recommended, the Mayor and City Council deem it to be in the best interest of the City and its residents to adopt the changes to the Cross Connection Control Program as attached in Exhibit "A", as the recommended changes serve to eliminate the potential risk of contaminants entering into the water system created by these non-qualifying dual-connected devices, particularly those posed by properties with dual connections between the City's water system and pressurized irrigation systems, correct for the inequitable distribution of costs associated with the current Backflow Testing and Reimbursement Program, and enable enforcement of City ordinances related to dual connections and Backflow assemblies; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian approves and hereby adopts the changes to the Cross-Connection Control Program of Meridian attached hereto as Exhibit "A"; and RESOLUTION ADOPTING CHANGES TO THE CROSS CONNECTION CONTROL PROGRAM Page 2 of 3 Section 2. That the administrative staff of the City is authorized to take all necessary steps to carry out the changes to the Cross-Connection Control Program of Meridian as set forth in the attached Exhibit "A"; and Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~tday of December, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~day of December, 2010. APPROVED: Mayo my de Weerd ATTEST: '"' ~ ' `t : _ °~ By: ~~ aycee lman, City Clem s~A~ .~~ '9~ -6`vST 1ST . PZ` , '9 ., RESOLUTION ADOPTING CHANGES TO THE CROSS CONNECTION CONTROL PROGRAM Page 3 of 3 Exhibit "A" Adopted Changes to the City of Meridian Cross Connection Control Program Effective immediately, the City of Meridian shall require as part of its Cross Connection Control Program which includes the Backflow Prevention Program, that: A. Removal of Private Dual Connected Backflow Assemblies with Limited Payment Assistance: 1. All private dual connected backflow assemblies shall be removed; 2. The City of Meridian will allow for a one year period to complete the dual connection removals beginning in March 2011 and continuing through March 2012. Only homes built from 1989 to 2006 will be considered. 3. The City of Meridian will pay up to $300.00 per non-permitted dual connected property (as a cost share) for the dual connection removal where the City has accepted a test for a dual connected assembly; 4. The City of Meridian will pay for the complete removal of permitted dual connection assemblies that were issued in noncompliance with City Code provisions pertaining to dual connections; 5. While complete removal of private dual connected backflow assemblies is recommended, property owners will be allowed to accomplish the required removal by installing anon-removable hose Bibb type backflow preventer, a non- removable hose bibb type vacuum breaker, or an atmospheric vacuum breaker, but should consult with City staff of the Water Division prior to installation. Installation of any of these backflow devices must be installed according to City Code, including the current Plumbing Code. 6. The City of Meridian shall eliminate the payment assistance program for removing the dual-connections at the expiration of March 2012 unless a request for extension is submitted by the Public Works Department based on extenuating circumstances; 7. Beginning in Apri12012 properties with dual connected backflow assemblies will be in violation of City ordinances related to dual connections and backflow assemblies and prosecuted accordingly. B. Backflow Testing Reimbursement Program: 1. The City of Meridian shall eliminate its current Backflow Testing and Repair Reimbursement Program and replace it by offering an annual $10.00 rebate coupon to be applied to annual testing of qualified backflow preventers required in our system; 2. The City of Meridian will continue to send out annual testing reminder notices to legal assembly owners; C. Miscellaneous Provisions: 1 1. The City of Meridian will initiate an aggessive education campaign related to the adopted changes of the Backflow Prevention Program; 2. The City of Meridian will work with Ada County to enforce City of Meridian ordinances on properties serviced by the City's municipal water system that lay outside of the City limits. 2 Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Resolution No. ~ ~ ` ~~~ A Resolution of the Mayor and the City Council of the City of Meridian regarding Standard Operating Policy and Procedure No. 6.2.1, Use of City Vehicles; and Providing an Effective Date. MEETING NOTES CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS la ~~~' la~aa CITY OF MERIDIAN RESOLUTION NO. 10-~1~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING NUMBER 6.2.1 - USE OF CITY VEHICLES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 6.2.1 -Use of City Vehicles; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ,2,~ day of ~~~,,~-c,~, 2010. ~ APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of ',, 2 , 2010. ATTEST: By: Jayce .Holman, City Clerk APPROVED: ayor ~° d~ ~~L~,erd ~~° (s E~4~ ) , - -~~~.~ 9 0,°~ CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL 1j. 'Ij~b ~ ~Oc~ 6.2.1 - USE OF CITY VEHICLES - 201 O ,,''~, ~ COUNT`1 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.1 SUBJECT: USE OF CITY VEHICLES PURPOSE: To identify the guidelines and policy for the use of City vehicles by authorized employees as identified within this policy. POLICY: As needed to perform the required functions of the job, an employee maybe issued a City vehicle or be allowed to use a City vehicle. All vehicle operations shall follow the guidelines as outlined within this policy. AUTHORITY & RESPONSIBILITY: Department Directors or designees shall ensure that all drivers are properly licensed, insured, and that they operate City vehicles in a safe and professional manner. GUIDELINES I. A copy of the employees' valid driver's license shall be placed in their employee file. Employees are responsible to provide information to Human Resources if their driver's license is suspended or invalid for any reason. If the employees' license is suspended or invalid that employee cannot drive a City vehicle until they provide proof that their license is reinstated and valid. II. Anyone operating or riding in City vehicles must wear their seat belts when the vehicle is in motion. III. City vehicles are to be used solely for City business purposes. IV. City vehicles that are assigned to personnel for use off duty may be used for limited personal use. V. Drivers of City vehicles are prohibited from manipulating any handheld phone device, while the vehicle is in motion. (Don't text and drive) VI. Drivers are strongly discouraged from talking on a phone while the vehicle is in motion without the use of hands free technology. This shall not apply to emergency responders when they are responding to an emergency. VII. Any abuse or misuse of City vehicles is subject to disciplinary action, up to and including termination. Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5S PROJECT NUMBER: ITEM TITLE: Resolution No. ~O --1 CDC A Resolution of the Mayor and the City Council of the City of Meridian Amending the Standard Operating Policy Procedure No. 3.4.5 relating to On-Call/Call Out Duties and Compensation; and Providing an Effective Date MEETING NOTES ~,,~'~~1 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS T CITY OF MERIDIAN RESOLUTION NO. 10- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING NUMBER 3.4.5 - ON-CALL/CALL OUT DUTIES AND COMPENSATION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 3.4.5 - On-Call/Call Out Duties and Compensation; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this o~ l s~ day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this Z ~ day of ~~ , , 2010. APPROVED: \\\~~~~~ O~fY;=~~~?/~l`'~.ayor y de Weerd ATTEST: ,1, ~, '9 '\ ~~ oa~TFO ; By. ~~ (SEAL) ayc L. Holman, City?Cler g~,~j, CITY OF MERIDIAN POLICY AND P~9~ Us ~ ~~L„tA4MENDMENT FOR POLICY 3.4.5 - ON-CALL/CALL OUT DUTIES AND CcS~lr~1 `- ~~~10 ~~~iri~i~n ~~N~~~~\ CITY OF MERIDIAN STANDARD OPERATING PROCEDURE NUMBER 3.4.5 SUBJECT: ON-CALL/CALL OUT DUTIES AND COMPENSATION PURPOSE: To provide guidelines regarding employees being on-call and being called out to perform emergency work beyond normal working hours. POLICY: Certain City employees may be placed on the on-call duty as directed by the Department Director or their designee. On-call duties are defined as being reasonably available to respond to City business during hours beyond the employee's normally established workday. AUTHORITY AND RESPONSIBILITY: Department Directors, or their designees, shall be responsible for establishing an on-call roster, scheduling on-call schedules, and ensuring that proper records are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION I. ON CALL PERIOD A. On-call hours are defined as those beyond the employee's normal work schedule, including City recognized holiday. B. An on-call employee forfeits their on-call duty if he/she calls in sick or goes home sick. The Supervisors shall be notified and may arrange alternate coverage. An employee may retain their on-call duty if the employee uses sick leave to attend an appointment during work hours and will be available for on-call duty at the end of their normal workday. If an employee simply has an appointment but is not ill they may keep their On-call duty but are required to call the office before 5:00 PM to be updated on pertinent information C. Employee must respond to the call within the specified period of time designated by their respective departments. D. Failure to respond to request for assistance or to respond within the time specified can be the subject of discipline up to and including termination. This applies to both on-call assignments and call-out response. DEPARTMENTS I. PUBLIC WORKS -WATER A. All on-call employees must have a minimum of a current Class 1 Water Distribution License issued by the State of Idaho. B. The maximum response time for an emergency call out shall be one (1) hour. C. On-call duty is mandatory for licensed operators unless the Superintendent expressly approves an exclusion. D. If an employee uses sick leave for a medical appointment but is not ill they may keep their on-call duty. However, the employee is required to contact the office before 5:00 PM to be updated on pertinent information. E. A supervisor must approve trading on-call duties before the end of the work period. II. PARKS A. Any employee on-call must respond within one (1) hour of the request for assistance. B. On-call duty is mandatory for Parks Maintenance personnel unless the Parks Superintendent or Parks Director expressly approves an exclusion. III. PUBLIC WORKS -WASTEWATER A. Currently only as designated by the Superintendent of the Wastewater Treatment Plant. B. The maximum response time for an emergency call out shall be one (1) hour. IV. POLICE A. Any employee on-call must respond within thirty (30) minutes of the request for assistance. V. COMPENSATION A. ON CALL "On Call" is a mandatory job requirement for certain positions. Although it is a condition of employment, the City of Meridian does recognize that being on-call may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of Regularly Scheduled Workday - 1 hour per day; Regularly Scheduled Day Off - 2 hours per day; Holidays - 4 hours per City-recognized holiday. (Example: Standard 40 hour work week/M-F/8-5=9 hours of extra pay) All "on-call" time will be compensated as "extra hours" on the employee's time sheet. The time will not count as hours worked" for Fair Labor Standards Act (FLSA) purposes and cannot be paid or counted towards pay at an overtime rate. The employee will be paid their straight time for the specified amount. Weekdays and Weekends refer to the calendar days not the employee's schedule. Most "on- call" schedules will be consistent with the employee's regularly scheduled work week, but maybe altered at the discretion of the supervisor or Department Director. B. CALL OUT "Call out" is also a mandatory job requirement for certain positions. If an employee is called to return to work it is only at the discretion of the supervisor, not the emploXee, to excuse the employee from returning to work. Although it is a condition of employment, the City of Meridian does recognize that being called out may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Minimum of one (1) hour straight time; Remaining time to be added to the employee's standard work week. The on- call employee will be compensated at their actual hourly rate until the completion of the event giving rise to the call out. Compensation for call outs begins when the employee leaves their location to respond and ends when the need for the call out ends and the employee returns to their original location or has the ability to return if the employee chooses to go elsewhere. C. OTHER Paid leave (sick or annual) and holidays do not count toward the forty (40) hours in accordance with the FLSA. Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 5T PROJECT NUMBER:. ITEM TITLE: Resolution No. ~l~ -" ~ l.oL~ A Resolution Of the Mayor And Council Of The City Of Meridian, Idaho, Approving The City Of Meridian Staff Participation In The Meridian Development Corporation's Destination Downtown Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~a /ad la ~a~ - ____ CITY OF MERIDIAN RESOLUTION NO. ~ O J ~ ~~' BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE CITY OF MERIDIAN STAFF PARTICIPATION IN THE MERIDIAN DEVELOPMENT CORPORATION'S DESTINATION DOWNTOWN PLAN. WHEREAS, on April 6, 2010 the Meridian Development Corporation presented the Destination Downtown Plan to the Meridian City Council; WHEREAS, the Destination Downtown Plan is the vision document for redevelopment areas as prepared by the Meridian Development Corporation with extensive public outreach; WHEREAS, the Mayor and City Council of the City of Meridian have approved the City of Meridian staff participation as set forth in the Destination Downtown Plan. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby approves City of Meridian staff participation in the Meridian Development Corporation's Destination Downtown Plan as a vision document for the City of Meridian's redevelopment areas. S-f- ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of 2010. S,r APPROVED by the Mayor of the City of Meridian, Idaho, this Z~ day of ~_, 2010. APPROVED: \\\~~~,,,,~~su `\\~~~~ OF a, ~~~~a my de Weerd ATTEST: ~ TFa ;SEAL Jayce .Holman, City Clerk ~ -9 Usr ~s~ • S ~` ~'~% CDUNT~ ~ ~~`~~ RESOLUTION ADOPTING MERIDIAN DEVELOPMENT ~~I'~~Ia~bESTINATION DOWNTOWN PLAN -PAGE 1 OF 1 Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Community Awards Presentation to Public Works Employees Crystal Green and Thomas Lee MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Crystal Green The Southwest Idaho Operator Section (SWIGS) of the Pacific Northwest Clean Water Association (PNCWA) named Mrs. Crystal Green the 2010 Laboratory Analyst of the Year. Crystal has worked as a laboratory analyst for the City of Meridian's wastewater laboratory since December 2008. She is being recognized for her valuable contributions within the laboratory, City, and community. Crystal is an active team member not only in the wastewater laboratory but also in the division and City as a whole. Crystal runs weekly microbiological testing for the Meridian Parks Department on City water features including the popular splash pad at Settler's Park, and reports results to them to ensure they are safe for public contact. Crystal has worked with ACHD assisting in a public outreach program relating to storm drain marking and awareness. Utilizing the help of local Boy and Girl Scout organizations and the Idaho Youth Conservation Corps, Crystal lead the efforts to mark nearly 500 storm drains in Meridian and distribute approximately 2,700 educational pamphlets to residents. Crystal's participation in City sponsored wellness programs and public works events makes her a role model for her fellow employees in the value of participation, engagement, and having positive attitude. This year Crystal obtained several new professional license levels (Lab II, Treatment I, and Collection OIT) and continues to actively work towards her master's degree which she is expecting to complete in December. Thomas Lee The Southwest Idaho Operator Section (SWIGS) of the Pacific Northwest Clean Water Association (PNCWA) named Mr. Tom Lee their 2010 Collection Operator of the Year. Mr. Lee is being recognized by his peers for his outstanding work managing the sewer collection system for the City of Meridian. Tom began his career with the City in 2002 as a Collection System Operator and in March 2009 was promoted to Collection System Manager. Tom was immediately tasked with developing cleaning and inspection programs, as well as identifying any deficiencies for a system with over 400 miles of sewer lines, and 14 lift-stations. The work had previously been performed by outside contractors and the Wastewater Division desired to move this work in-house. Major improvements have been made to the collection system operation under Tom's direction. He helped to identify both immediate and long term program needs and implemented successful corrective measures for problems he and his staff identified. He also assumed responsibility for other collection related items including; contract management and inspection for manhole repairs. Tom's Staff identified approximately 200 manholes with significant infiltration or inflow. They then initiated a manhole retrofit/repair project. When complete, infiltration was reduced by an estimated 250,000 gallons per day. Following that, successive projects have eliminated an additional 170,000 gallons per day. The result was a substantial reduction in flow to the City's wastewater treatment facility. Tom's immediate supervisor commented "Mr. Lee has assumed full responsibility for his section's activities, shown leadership, and demonstrated accountability for their work. The City of Meridian's collection system program has become a very successful and dependable operation due to his efforts." Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES ~~ ~ CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting neTF~ December 21.2010 ITEM NUMBER: PROJECT NUMBER: MDA 10-01 ITEM TITLE: Scentsy Campus Public Hearing: MDA 10-010 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Modify the Existing Development Agreement to Update the Owner Information and Development Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 21 2010 ITEM NUMBER: 8B PROJECT NUMBER: VAR 10-002 ITEM TITLE: Scentsy Campus Public Hearing: VAR 10-002 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Variance to UDC 11- 3H-46 to Allow aRight-in /Right-out Access Point to/from the Site Via Eagle Road Between Pine Avenue and Commercial Street MEETING NOTES CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE December 21, 2010 ITEM # PROJECT NUMBER PROJECT NAME 8AB MDA 10-010 / VAR 10-002 Scentsy Campus PLEASE PRINT NAME FOR AGAINST NEUTRAL -- ~~u ~ o ~~ 1-~ Gt ~ ~ Lt,~Lc S !~ ,~~~ ~/O ~{ GL ~2~ 1 2010 CITY O~~EpID CITY CL Meridian City Council Meeting noTE~ December 21, 2010 ITEM NUMBER: ~ PROJECT NUMBER: ITEM TITLE: Ordinance No. ~ ` ~ :Animal Control Ordinance Update MEETING NOTES ~r CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~r~ ~ 1 >n o,1 ~ ~eNee CITY OF MERIDIAN ORDINANCE NO. ~ U ~ ~~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG POUND; CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT; DECLARATION OF VICIOUS DOG; REQUIREMENTS FOR VICIOUS DOGS; LIVESTOCK HARBORED ON PRIVATE PROPERTY; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the public health, safety, and welfare to establish regulations regarding animal control; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 6, Chapter 2 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: Title 6, Chapter 2: Animal Control 6-2-1: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: A. 7-IN-1 VACCINE: An injection that vaccinates against distemper, parvovirus, pazainfluenza, adeovirus, leptospira I, leptospira II, and coronavirus. B. ABANDONED ANIMAL: An animal that is impounded in accordance with the provisions of this chapter, and is: 1. Suffering from serious injury, rabies, or other serious disease; 2. Not wearing a legible license when it is impounded; 3. Voluntarily relinquished by its owner; or 4. Not reclaimed by its owner after five (5) working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declazation that the dog is a vicious dog. C. ANIMAL: Any member of the animal kingdom, except members of the human race. D. CITY DOG POUND: The primary location at which dogs shall be impounded in accordance with the provisions of this chapter, as designated by the Chief of Police. ANIMAL CONTROL ORDINANCE UPDATE PAGE I OF 13 E. CRUELTY TO ANIMALS: The intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to: 1. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. 2. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36) hours. 3. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. 4. Allowing, arranging, or instigating a fight between two animals. 5. Making accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer for the purposes of euthanizing an animal. F. DOG: Any male or female member of the canine family. G. IMPOUND: To deliver a seized animal to the City dog pound. H. LIVESTOCK: Domesticated animals, traditionally kept for use or profit, which are housed outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, ,-~, coops, sties, stables, or paddock areas. Livestock shall include, but is not limited to: horses, donkeys, mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits, poultry, and/or domesticated birds, except that this definition shall not include chicken hens. I. OWN: to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. J. OWNER: Any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal. K. SEIZE: To take custody of an animal. L. VETERINARIAN: A doctor licensed to practice veterinary medicine in the state of Idaho. M. VICIOUS DOG: 1. Any dog whose behavior or actions fall within one or more of the following shall be declared a vicious dog: a. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack, which placed a reasonable fear in such a person that such violence was imminent, upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or b. Any dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or ANIMAL CONTROL ORDINANCE UPDATE PAGE 2 OF 13 c. Any dog with a prior history or documented incidents of attack orbiting of persons or other animals, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or other domestic animals; or d. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking people or any dog trained for fighting or attacking of persons. 2. Notwithstanding this definition of a vicious dog: a. No dog may be declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: (1) was committing a willful trespass or other crime or tort upon the premises occupied by the owner of the dog (this does not require the owner to be present at the time of the unlawful trespass or other crime); or (2) was teasing, tormenting, abusing or assaulting the dog; or (3) Was committing or attempting to commit a crime. b. No dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared vicious if the action that would be so defined by this definition, took place while the dog was acting within its capacity for law enforcement purposes. 6-2-2: ANIMAL CONTROL OFFICER; CITY DOG POUND: A. Animal control officer. The Chief of Police shall appoint one or more Animal Control .~. Officer(s) who shall, under the direction of the Chief of Police, have the authority to enforce the provisions of this chapter. Additionally, the Animal Control Officer shall be authorized to: 1. Seize and impound dogs that are at large and unattended in City limits. 2. Seize and impound dogs in accordance with the provisions of this chapter. 3. Remove and properly dispose of the carcass of any dead animal found in any public place. 4. Declare that a dog is abandoned; 5. Decide whether an abandoned dog shall be euthanized or made available for adoption. 6. Declare that a dog is vicious and the owner thereof must meet the requirements for a vicious dog as set forth in this chapter. 7. Issue uniform citations for violations of this chapter. B. City dog pound. The Chief of Police shall designate a City dog pound. Such dog pound shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of dogs impounded therein. 6-2-3: CITY OF MERIDIAN DOG LICENSE: A. Dog license required. 1. Each dog owner living in or visiting Meridian for thirty (30) days or longer shall obtain a City of Meridian dog license for each dog that is owned by such person and that is more than six (6) months of age. ANIMAL CONTROL ORDINANCE UPDATE PAGE 3 OF 13 2. Application for a City of Meridian dog license shall be made to the City Clerk, Meridian Police Department, or licensing designee duly authorized by the City as set forth in this chapter. Such application shall include the following: a. A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of dog to be licensed; b. A valid rabies vaccination certificate issued by a licensed veterinarian within the previous year for a dog that was less than one (1) year old when vaccinated; or within the previous three (3) years for a dog that was one (1) or more years old when vaccinated; c. A valid spay or neuter certification, if applicable; and d. Applicable dog license fee per fee schedule. Where the fee schedule provides for a lower license fee for a spayed or neutered dog, the City or its licensing designee shall allow the payment of the lower license fee only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society. License fees shall be waived for: (1) The owner of any dog used by a visually impaired, hearing impaired, or disabled person and used as a seeing eye dog, hearing ear dog, or service dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the dog owner's visual or hearing impairment or disability by a licensed medical doctor. ~. (2) The owner of any dog in training to serve as a seeing eye dog, hearing ear dog, or guide dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of proof that such dog is in training for such purpose. (3) Any dog owned by a public entity or public agency. 3. The City Clerk, Meridian Police Department, or licensing designee shall issue a dog license tag within two (2) working days of receipt of complete application materials and fees. B. Annual licensing required. All City of Meridian dog licenses shall be valid only in the calendar year issued and shall expire December 31 of that year. C. Lost dog license tag. The City or its licensing designee shall reissue a lost dog license tag upon payment of lost dog tag fee as set forth in fee schedule and verification that the license tag sought to be replaced is a current and valid City of Meridian dog license, which verification shall be made by reference to the official log(s) of the City or its licensing designee(s). D. Dog licensing designees. In order to facilitate the licensing of dogs within the City of Meridian, the City may enter into agreements with the Idaho Humane Society, veterinarians, or vendors of pet products doing business within the City of Meridian authorizing such licensing designee to issue City of Meridian dog licenses on behalf of the City, except that no licensing designee shall be authorized to issue vicious dog licenses. ANIMAL CONTROL ORDINANCE UPDATE PAGE 4 OF 13 6-2-4: IlVIPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS: A. Vaccination of impounded dogs. Upon impoundment of a seized dog, the Animal Control Officer shall administer to such dog a 7-in-1 vaccination. B. Notice of impoundment. Within two (2) working days of seizing a dog wearing a legible dog license, the Animal Control Officer shall serve or mail to the dog's owner at the licensed address notification that such dog has been impounded. Such notice of impoundment shall contain the following information: 1. Date and location of the dog's seizure; 2. Date and location of the dog's impoundment; 3. Hours and location at which the owner may reclaim ownership and take custody of such dog; 4. Fees that must be paid prior to reclaiming ownership and taking custody of such dog; S. Notification that the Animal Control Officer shall declare such dog abandoned if not reclaimed within five (5) working days of its impoundment; 6. The date upon which such dog shall be declared abandoned if dog owner fails to reclaim and take custody prior thereto; and 7. Notification that upon declaration of abandonment, such dog shall be euthanized or made available for adoption. Notice of impoundment shall not be required where address of the dog's owner is unknown or where the whereabouts of the dog's owner are unknown. C. Reclamation of impounded dog. The owner of a dog that has been impounded may reclaim such dog by accomplishing the following within five (5) working days of such dog's impoundment: 1. Personally appearing at the location of such impoundment; 2. Paying in full all applicable fees per City fee schedule, including, but not limited to: 7-in- 1 vaccination fee, impound fee, and/or daily boarding fee; 3. Paying in full all costs incurred by City to provide basic veterinary care to the impounded dog, upon presentation of an invoice for same; 4. Submitting complete application materials and fee for a City of Meridian dog license for such dog if the dog is not then licensed and the dog owner is a resident of Meridian; and 5. Taking physical custody of such dog. D. Relinquishment of living or dead dog. An Animal Control Officer shall, upon a dog owner's request and payment of fee established by fee schedule, take possession of any dog, living or dead, that is owned by such person. The Animal Control Officer may require proof of ownership before taking possession of a voluntarily relinquished dog. When a dead dog is voluntarily relinquished to an Animal Control Officer, the Animal Control Officer shall dispose of the dog. ANaNAL CONTROL ORDINANCE UPDATE PAGE 5 OF 13 6-2-5: DECLARATION OF ABANDONMENT: A. Declaration of abandonment. Animal Control Officers are authorized to declare that a dog is abandoned where such dog meets the definition thereof as set forth in this chapter. B. Effect of declaration of abandonment. Upon the Animal Control Officer's declaration that a dog is abandoned, such dog may be euthanized or made available for adoption by any person. The decision to euthanize a dog or to make a dog available for adoption shall be made in the sole discretion of the chief of police or designee based on factors including, but not limited to, the health, disposition, behavior, and/or adoptability of the dog. 6-2-6: DECLARATION OF VICIOUS DOG: A. Declaration of vicious dog. The Animal Control Officer is authorized to declare that a dog is vicious where such dog meets the definition thereof as set forth in this chapter. Upon declaration that a dog is vicious, the Animal Control Officer is authorized to seize and impound such dog until the owner thereof obtains a vicious dog license and reclaims the dog pursuant to the procedures set forth in this chapter. B. Notice of declaration of vicious dog. Within two (2) working days of declaring a dog to be vicious, the Animal Control Officer shall serve or mail to the dog's owner at the licensed address written notification that such dog has been declared vicious. Such notice of declaration shall contain the following information: 1. Date of such declaration; 2. Facts supporting such declaration; 3. Notification of licensing requirements for vicious dogs; 4. Notification of fees that must be paid prior to reclaiming ownership and taking custody of such dog; 5. Notice of the right to appeal such decision as set forth in this section and notice that the dog owner shall be responsible for all costs of boarding the dog during such appeal; 6. Date and location of the dog's seizure; 8. Date and location of the dog's impoundment; 9. Hours and location at which the owner may reclaim ownership and take custody of such dog after obtaining a vicious dog license; 10. Fees that must be paid prior to reclaiming ownership and taking custody of such dog; 11. Notification that the Animal Control Officer shall declare such dog abandoned if not reclaimed within five (5) working days of its impoundment; 12. The date upon which such dog shall be declared abandoned if dog owner fails to reclaim and take custody prior thereto; and 13. Notification that upon declaration of abandonment, such dog shall be euthanized or made available for adoption. C. Appeal to Chief of Police. Appeal of the Animal Control Officer's declaration that a dog is vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the Chief of Police via U.S. Mail within r~ five (5) working days of impoundment. Upon receipt of such written appeal, the Chief of ANIMAL CONTROL ORDINANCE UPDATE PAGE 6 OF 13 Police shall notify the animal shelter and the dog pound that the time for declaring such impounded dog abandoned should be tolled until final decision, and shall schedule a hearing within seven (7) working days of the receipt of the appeal. At the scheduled hearing, the Chief of Police or designee shall review the decision of the Animal Control Officer to declare the dog vicious. The hearing shall be informal and no rules of evidence shall apply. The dog owner shall be allowed to present any reasonable evidence to show cause for reversal of the Animal Control Officer's decision. The chief or designee may establish procedures and time limits for the hearing, but shall hear all reasonable evidence, and upon conclusion thereof shall either affirm the decision of the Animal Control Officer that the dog is vicious, or reverse the decision. The chief or designee shall mail to the dog owner a brief written finding supporting his or her decision, including notice of the right to appeal such decision as set forth in this section, within three (3) working days following the hearing. If the chief or designee affirms the decision of the Animal Control Officer, the dog owner may obtain a vicious dog license and reclaim the dog as established in this chapter. If not appealed, the decision of the chief or designee shall be final eight (8) working days following the hearing before the Chief or designee. If the chief or designee reverses the decision of the Animal Control Officer, the dog owner shall not be required to obtain a vicious dog license, but shall be responsible for all fees related to impoundment and reclamation of the dog. D. Appeal to City Council. Appeal of the Chief s or Designee's affirmation of the Animal Control Officer's decision that a dog is vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered .'"''~ to the City Clerk via U.S. Mail or in person within seven (7) working days the hearing before the Chief or designee. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. City Council shall conduct a de novo review and may establish procedures and time limits for such hearing. Following such hearing, City Council either affirm or reverse the Chief's or designee's decision. If City Council affirms the decision of the chief or designee, the dog owner may obtain a vicious dog license and reclaim the dog as established in this chapter. If City Council reverses the decision of the chief or designee, the dog owner shall not be required to obtain a vicious dog license, but shall be responsible for all fees related to impoundment and reclamation of the dog. The City Council's decision on such appeal shall be a final decision. 6-2-7: REQUIREMENTS FOR VICIOUS DOGS: A. Vicious dog license. Any person owning a vicious dog shall obtain, and cause such dog to wear at all times, a City of Meridian vicious dog license. Application for a City of Meridian vicious dog license shall be made to the City Clerk, Meridian Police Department, or licensing designee duly authorized by the City as set forth in this chapter. Such application shall include the following: 1. A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of the dog to be licensed. ANIMAL CONTROL ORDINANCE UPDATE PAGE 7 OF 13 2. A valid rabies vaccination certificate issued by a licensed veterinarian within the previous year for a dog that was less than one (1) year old when vaccinated; or within the previous three (3) years for a dog that was one (1) or more years old when vaccinated. 3. Vicious dog license fee per fee schedule. 4. Proof of liability insurance in a single incident amount of five hundred thousand dollars ($500,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any person which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days' written notice is first provided to the City Clerk. 5. Two (2) color photographs of the dog, showing clearly the size and markings of the animal. B. Visible tag. It shall be unlawful for any owner of a vicious dog to fail to cause such vicious dog to wear, at all times, a durable, secure collar bearing a valid City of Meridian vicious dog license tag, whether or not such dog is on premises owned or lawfully possessed by such person. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollazs ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. C. Leash and muzzle required. It shall be unlawful for any owner of a vicious dog to allow or permit such dog to be or remain beyond the premises owned or lawfully possessed by such ~~ person unless such dog is securely controlled by a leash not exceeding six feet (6') in length and a muzzle. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. D. Confined to premises. It shall be unlawful for any owner of a vicious dog to fail to securely confine such dog to the premises owned or lawfully possessed by such person. A vicious dog shall be securely confined only where it is indoors with no access to the outside, or in a securely enclosed or locked pen or structure with secure sides and top and where the sides are secured to the bottom or embedded in the ground no less than two feet (2'). A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. 6-2-8: LIVESTOCK HARBORED ON PRIVATE PROPERTY: A. Stable refuse care. It shall be unlawful to allow stable refuse to accumulate in such a manner that it becomes unsightly and/or offensive to the smell. It is hereby required that such refuse be removed from the legal sanitary limits of the city at least once each week. B. Undue noises. It shall be unlawful to hazbor or allow to remain within the corporate limits of the city any livestock which emits noises disturbing to residents of the city. ANIMAL CONTROL ORDINANCE UPDATE PAGE 8 OF 13 i"~ C. Stock tight fences. It shall be unlawful to allow or maintain fences which are inadequate to keep livestock within the confines of the plot, lot or pasture where such livestock is normally harbored. 6-2-9: PROHIBITED ACTS: A court sentencing a person for a violation of this chapter may assess court costs in addition to the fines and penalties set forth herein. A. Barking dog. It shall be unlawful for any dog owner to permit a dog owned by such person to bazk, howl or otherwise create a disturbance. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail B. Cruelty to animals. It shall be unlawful for any person to commit cruelty to animals. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any animal found in violation of this section. C. Damage to property. It shall be unlawful for any person owning any animal to cause or allow such animal to damage private or public property without the consent of the property's owner. A violation of this section shall constitute a misdemeanor punishable by a fine of r'` three hundred dollars ($300.00) and ninety (90) days jail. D. Dog at large in public place. It shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet (6') in length. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollazs ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollazs ($50.00). A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. E. Dog at large on private premises. It shall be unlawful for any dog owner to allow or cause such dog to be or remain upon any private premises without the consent of the person in possession of such premises. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. F. Dog attacking or biting. Any owner of a dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the biting dog, shall be ~..~ guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety ANIMAL CONTROL ORDINANCE UPDATE PAGE 9 OF 13 ~. (90) days jail. The Animal Control Officer may seize and impound any dog found in violation of this section. Where a dog seized pursuant to this provision shows any symptom of rabies or has not been vaccinated for rabies, the Animal Control Officer shall deliver the biting animal to the Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related costs of such examination shall be paid by the dog owner upon demand from City. Such examination may include, at the discretion of the Idaho Humane Society or veterinarian to whom the biting dog is surrendered, a period of quarantine, confinement, and/or impoundment. If such biting dog is determined to be free of rabies, the dog shall be returned to the owner upon payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all related fees and/or costs. If such biting dog is determined to be afflicted with rabies, the biting dog shall be euthanized according to the provisions of this chapter. G. Dog rushing. It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in appazent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. H. Failure to display dog license tag. It shall be unlawful for any dog owner to fail to cause any licensed dog owned by such person to weaz, at all times, a durable, secure collar bearing a valid City of Meridian dog license tag. Production of proof that such dog is licensed shall be an affirmative defense to a charge of violation of this section. The person raising such affirmative defense shall beaz the burden of proof that such defense applies. A violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). I. Failure to license dog. It shall be unlawful for any dog owner to fail to obtain a City of Meridian dog license for any dog owned by such person. It shall be an affirmative defense to a charge of violation of this section that such dog is six (6) months of age or younger. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A person's first violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. J. Failure to update dog owner contact information. It shall be unlawful for any dog owner to fail to provide to the City Clerk's Office or Meridian Police Department updated contact information where there is a change in such dog owner's physical address, mailing address, and/or telephone number registered with any City of Meridian dog license. A violation of this section shall constitute an infraction punishable by a fine of ten dollars ($10.00). K. Female dog in heat. It shall be unlawful for any owner of a female dog in heat to fail to enclose such female dog in such a manner as to preclude other dogs from attacking or being attracted to such female dog. A violation of this section shall constitute a misdemeanor ,,..~ punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. ANIMAL CONTROL ORDINANCE UPDATE PAGE 10 OF 13 L. Fraudulent display of dog license tag. It shall be unlawful for any dog owner to fail to cause or allow any dog owned by such person to wear a dog license tag issued for another dog, or to wear any imitation of a City of Meridian dog license tag. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. M. Harboring excess dogs. It shall be unlawful for any person to own; keep, harbor, possess, accept, or maintain custody, control, or care of; or license more than three (3) dogs at any single residence, property, or premises. It shall be an affirmative defense to a charge of violation of this section that such dogs comprise a single litter of puppies under six (6) months of age that is kept at a single location with the mother dog. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. N. Harboring rabid animal. It shall be unlawful for any person to own, keep, harbor, possess, accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any animal found in violation of this section. '~`~ O. Improper disposal of dead dogs. It shall be unlawful for any person to place or leave any dead dog on public or private property, including premises lawfully owned or possessed by such person. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. P. Interference with Animal Control Officer. It shall be unlawful for any person to hinder or interfere with in any manner an Animal Control Officer who is enforcing any of the provisions of this chapter. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Q. Removal of dog feces. It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such person on property, public or private, other than the premises of the owner or handler of such dog. A violation of this section shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). R. Unlawful reclamation of impounded dog. It shall be unlawful for any person to recover or attempt to recover possession of any impounded dog, in any manner contrary to City policy or the provisions of this chapter. A violation of this section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90} days jail. PAGE 11 OF 13 ANpv1AL CONTROL ORDINANCE UPDATE 6-2-10: SEVERABII-ITY: If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this ordinance shall be in full force and effect after its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this a~ ~ day of December, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of December, 2010. APPROVED: ~~~ ..Q~ ~~ Tammy e W erd Mayor ,~~~~,~~u;~ittutt ATTEST: ~~~•~ O~ ~ ~EI~j~~~ ~,,, ,~ ,~ ~. ~` ~, -pR,i ~, ;` TF ; O Jaycee loran = S~Aj,, City Clerk M ~~ O /',~~~~'%,4 COUNT • ~~ `~~~\1`\ ~ttltn,~•, •..~~~ PAGE 12 OF 13 ANIMAL CONTROL ORDINANCE UPDATE /'`•. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.10-~.'~~g PROVIDING FONRIIAVIAL ONTRO ORDINANCE RIDIAN CITY An ordinance of the City of Meridian repealing and replacing Chapter 2, Title 6 of the Meridian City Code, relating to animal control, including definitions; animal control officer; city dog pound; City of Meridian dog license; impoundment, reclamation, and relinquishment of dogs; declaration of abandonment; declaration of vicious dog; requirements for vicious dogs; livestock harbored on private property; prohibited acts; providing a savings clause; providing for a waiver of the reading rules, and providing an e~€~e date. The full text of this ordinance is available for inspection at City Hall, ~.ity of, Meki~iiari,33 East Broadway, Meridian, Idaho. This ordinance shall become effective ~Ipon its passag~~a~ publication. ~~ ? jI Y .. Mayor d City Council ~ By: 3aycee Holman, City Cl' ~ ~' ,: 5` ! ,~ ~~i First Reading:. 1~ ~ ~ 1 D ~' Adopted after first reading by suspen"sio- af~the Rule as allowed pursuant to Idaho Code § 50-902: YES~_ NO Second Reading: "'`~ Third Reading: `'~~ STATEMENT OF MERIDIAN CITY ATTORNEY AS ~O ADEQUACY OF SUMMARY OF ORDINANCE NO.10- I b ~ Idaho, The undersigned, William L.M. Nary, City Attorney of the City of Meridian, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10-~_ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 22 day of e~~ , 2010. r~.~ l William. L.M. Nary City Attorney ANIMAL CONTROL ORDINANCE UPDATE PAGE 13 OF 13 Meridian City- Council Meeting DATE: December 21, 2010 ITEM TITLE: PROJECT NUMBER: Ordinance No. ~~ ' ~~(o ~ _~ An Ordinance Of The City Of Meridian Repealing And Replacing Ordinance No. 1458; Providing For A New Chapter, Chapter 7, Of Title 2 Of The Meridian City Code, Relating To The Establishment, Duties And Powers, Membership, Organization, Meetings, And Hearing Procedures Of The Board Of Adjustment MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (~"a~ (~~~a ~ (~ C -Mated -~ ~-~k-- ITEM NUMBER: r-~ CITY OF MERIDIAN ORDINANCE NO. ~~ y~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, AND ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING ORDINANCE NO. 1458; PROVIDING FOR A NEW CHAPTER, CHAPTER 7, OF TITLE 2 OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, MEETINGS, AND HEARING PROCEDURES OF THE BOARD OF ADJUSTMENT, AND RIGHT TO APPEAL; REPEALING TITLE 9, CHAPTER 1, SECTION 17 OF THE MERIDIAN CITY CODE REGARDING THE BOARD OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 1, SECTION 17, RELATING TO DISPUTE RESOLUTION; AMENDING TITLE 9, CHAPTER 1, SECTION 19, RELATING TO ESTABLISHMENT OF METER INSTALLATION FEES; AMENDING TITLE 9, CHAPTER 1, SECTION 21, RELATING TO TERMINATION OF SERVICE, NOTICE, AND RIGHT TO HEARING; AMENDING TITLE 9, CHAPTER 2, SECTION 1-4 OF THE MERIDIAN CITY CODE, RELATING TO DEFINITIONS; REPEALING TITLE 9, CHAPTER 2, SECTION 3-7 OF THE MERIDIAN CITY CODE REGARDING APPEALS OF WASTEWATER DISCHARGE PERMITS BEFORE THE BOARD OF APPRAISERS AND REPLACING WITH A NEW TITLE 9, CHAPTER 2, ~, SECTION 3-7, RELATING TO APPEALS OF WASTEWATER DISCHARGE PERMITS BEFORE THE BOARD OF ADJUSTMENT; REPEALING TITLE 9, CHAPTER 4, SECTION 20 OF THE MERIDIAN CITY CODE, RELATING TO THE BOARD OF APPRAISERS; REPEALING TITLE 9, CHAPTER 4, SECTION 21 OF THE MERIDIAN CITY CODE REGARDING SEWER CHARGE APPRAISAL AND REPLACING WITH A NEW TITLE 9, CHAPTER 4, SECTION 21, RELATING TO SEWER CHARGE APPRAISAL BEFORE THE BOARD OF ADJUSTMENT; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1458, on September 28, 2010, approved the establishment of a Board of Adjustment; and WHEREAS, the City Council of the City of Meridian, desires to clarify that the establishment, duties and powers, hearing procedures, right to appeal, and dispute resolution function of the Board of Adjustment includes the handling of disputes, objections, appeals, and/or adjustments related to sewer user accounts as well as water user accounts; and WHEREAS, to effect such clarification additional changes to Title 2, Chapter 7 and Title 9, Chapters 1, 2 and 4, are necessary beyond those contained in Ordinance No. s-~. 1458; ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 1 OF 15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Ordinance No. 1458 is repealed and replaced to read as follows: Section 2: That Title 2, Chapter 7 of the Meridian City Code shall read as follows: Chapter 7 BOARD OF ADJUSTMENT 2-7-1: ESTABLISHMENT: There is hereby established a Board of Adjustment, for the purpose of hearing disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service. 2-7-2: DUTIES AND POWERS: A. The Board of Adjustment shall be authorized to: 1. Propose to City Council for approval the rules of procedure for conducting hearings by the Board of Adjustment. 2. Hear and decide disputes, objections, or appeals related to authorized water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, non-payment and shut-off of water service, assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service. B. The Board of Adjustment shall not be authorized to accept payment of any monies; the Board shall direct all payments to be made directly to the City Finance Department. 2-7-3: MEMBERSHIP: A. Membership: 1. The Board of Adjustment shall consist of at least three (3) members, but no more than five (5) members. 2. Members of the Board of Adjustment shall be appointed by the Mayor and ,-.,. approved by City Council on a vote of a majority of the City Council members, and Board members may, in like manner, be removed. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 2 OF 15 ~, 3. All members of the Board of Adjustment and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Board to properly transact and attend to its business. B. Qualifications: Members of the Board of Adjustment shall include the Director of the Public Works Department or designee; the City Attorney or designee, and at least one (1) citizen of Meridian, but no more than three (3) citizens. C. Citizen Terms: Citizen members of the Board of Adjustment shall serve three-year terms. Where two or more citizens are initially appointed to the Board of Adjustment, such citizens' respective terms shall initially include one seat with cone-year term; one seat with atwo-year term; and all remaining citizen seats shall be three-year terms. Citizen members wishing to serve additional terms must submit a letter of interest to the Mayor thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-7-4: ORGANIZATION: The Board of Adjustment shall annually elect one member as Chair. The Board may select and elect such other officers as it deems necessary. 2-7-5: MEETINGS: The Board of Adjustment shall not meet regularly, but shall convene upon scheduling and notice by the City Clerk following receipt of a written Request for Hearing as set forth in this chapter. The Board of Adjustment shall convene to conduct such hearings at 3:00 p.m. on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway, Meridian, Idaho. All meetings of the Board of Adjustment shall be open to the public, and shall comply with Idaho open meeting laws. Additional meetings of the Board of Adjustment maybe scheduled by the Board as necessary to carry out the business of the Board. 2-7-6: HEARING PROCEDURES: A. An authorized water and/or sewer user may request a hearing before the Board of Adjustment regarding any dispute, appeal, or objection related to such authorized water and/or sewer user's account, statement, and/or permit including, but not limited to, non- payment and shut-off of water service (pre-termination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees ,--~ established by Title 9 of the City Code regarding water and sewer use and service by complying in all respects with the procedures set forth in this section. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 3 OF 15 B. The authorized water and/or sewer user requesting a hearing before the Board of Adjustment (hereinafter "Hearant") shall submit a written Request for Hearing to the City Clerk. Such Request for Hearing shall include Hearant's name, mailing address, telephone number, a-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a description of the matter(s) to be brought before and considered by the Board of Adjustment. C. Upon receipt of a complete Request for Hearing, the City Clerk shall schedule the matter for hearing at the next meeting of the Board of Adjustment, except that a Request for Hearing that is received after 3:00 p.m. on the second Wednesday of the month shall not be heard until the third Wednesday of the following month. Within two (2) working days of scheduling the hearing, the City Clerk shall mail notice thereof to the Hearant and to all known interested or involved parties in addition to the general notice provisions of Idaho open meeting laws. D. On the date and time duly noticed for hearing, the Board of Adjustment shall conduct a fair and impartial hearing on the matter brought by Hearant. Hearant shall be afforded the opportunity to confront witnesses, to present credible evidence, to personally appear and be represented and/or accompanied by an advisor or other legal representative, to be judged on facts adduced at the hearing, and to otherwise be heard on the matter before the Board of Adjustment. E. The Board of Adjustment shall maintain a record of all hearings conducted and actions taken. F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion of the hearing, which decision shall include the Board of Adjustment's general findings of fact and conclusions of law in support of its decision. The Board shall declare the payment of any money deemed owed to the City due and payable to the City Finance Department immediately or by a date certain, as appropriate. The Board shall also verbally and on the record inform the Hearant of his or her right to appeal the Board's decision to the City Council. G. The Board of Adjustment shall prepare a written decision including its findings of fact and conclusions of law. The Chair shall mail the written decision to Hearant within two (2) working days of the conclusion of the hearing. 2-7-7: RIGHT TO APPEAL: A. A limited right of appeal to the City Council shall be available to a Hearant who receives an adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in this section. ~ B. Within three (3) working days of the conclusion of the hearing before the Board of Adjustment, the Hearant shall file with the City Clerk: ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 4 OF 15 A written Notice of Appeal, including Hearant's name, mailing address, telephone number, a-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a statement of the basis for the appeal, including specific objections to the Board of Adjustment's findings of fact and/or conclusions of law; and 2. A cash or check deposit in the amount determined by the Board of Adjustment to be due and payable. C. Upon timely receipt of a complete Notice of Appeal, the City Clerk shall schedule the appeal for hearing before the City Council within thirty (30) calendar days. The City Clerk shall provide notice of such hearing to the Hearant and to all known interested or involved parties. D. On the date and time duly noticed for hearing before City Council, each party may make a brief statement to City Council. No new evidence shall be presented; City Council shall decide the matter upon consideration of the record of hearing before the Board of Adjustment. E. City Council may affirm, overturn, or modify the decision of the Board of Adjustment. City Council shall overturn or modify the decision of the Board of Adjustment only ~, where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City Council may order that Hearant's deposit be forfeited to City or refunded less any adjustments. City Council may order that the payment of any additional money deemed owed to the City be due and payable to the City Finance Department by a date certain. The decision of the City Council shall be final Section 3: That Title 9, Chapter 1, Section 17 of the Meridian City Code is repealed, and shall be replaced with language to read as follows: 9-1-17: DISPUTE RESOLUTION; BOARD OF ADJUSTMENT: The Board of Adjustment, as established in Title 2, Chapter 7 of the City Code, shall be delegated the duty of hearing disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, non-payment and shut-off of water service (pre-termination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by Title 9 of the City Code regarding water and sewer use and service. The Board of Adjustment shall conduct hearings according to the procedures set forth in Title 2, Chapter 7 of the City Code. Section 4. That Title 9, Chapter 1, Section 19 of the Meridian City Code shall be ~„1 amended to read as follows: ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 5 OF 15 9-1-19: MONTHLY RATES: A. User Fees: All owners who receive or have the right to receive the benefit of the municipal water system shall, in return for said benefit, pay monthly user fees as established by resolution of the city council. The monthly user fee shall be based on the amount of water used and the amount of fire and health protection provided by the municipal water supply system. 2. Monthly fixed cost fees and user fees shall be established by resolution of the city council. 3. Each owner will pay a monthly user fee based on the quantity of water used. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the fees as established by resolution of the city council. Should an owner request a city water service line to be disconnected, for any reason, there shall be no fee paid to the city. However, the owner must request the city to place the line back in service. There will be a charge as established by resolution of the city council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the city water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the enterprise fund of the city. B. Fees For Water Use: 1. The fees for water use shall be as established by resolution of the city council. 2. In case a water meter fails to register correctly the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation fees shall be as follows: a. For all meters installed, the fee shall be set by resolution of the city council fi~Ie be .All installed meters shall be property of the city. b. Meter adapter and radio read transmitter units fees as established by resolution of the city council. C. Private Fire Service: 1. Available only on flat rate when used for fire protection only; owner to install all lines to the city mains at their expense. All connections to be supervised by the city ~-• and to conform to city requirements and the uniform plumbing code. The flat rate fees shall be as established by resolution of the city council. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 6 OF 15 ~` 2. All private fire service lines shall be equipped with sealed gate valve or thermal automatic openings. 3. Private fire service lines shall be used for fire control only. Any other use Is unlawful. D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water users, other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 3 of this section, unless other acceptable means of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of historical consumption records of similar facilities within or outside the city of Meridian. TABLE 3 EQUIVALENT RESIDENTIAL UNITS Number Of Minimum Classification ERUs ERUs Apartment See Multiple living unit Bank 2 Bar 2 0.5 1.0 Barbershop, per chair Beauty salon, per operator station 0.5 1.0 Bowling alley, per lane 0.2 1.0 Cafe, per customer seating capacity 0.1 2.0 Car dealer 2 Car wash (to be computed on an individual - basis) Church Club, private Condominium See Multiple living unit ~--. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 7 OF 15 Dentist, per practitioner nP.,a.-anent store. ner 3,000 square feet ~~ ~~ Doctor, per practitioner 1 Drugstore 2 _ D cleaners ry See Multiple living unit Duplex Fourplex See Multiple living unit Garage ~ 2 Grocery store See Retail food store er bed Hospital, p 0.15 Industry: Major contributing industry (as per separate - agreement) Minor contributing industry (as per separate - agreement) Laundries: Commercial (to be computed on an individual - basis) Self-service: Up to and including 10 washing machines Each washing machine in excess of 10 4 0.25 Lodge or private club 2 Mobile home court or park: First space 1 Each additional space, long term tenant type ~ 1 ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 8 OF 15 s•-`- f - I _~ Each additional space, short term tenant type. 1 home or trailer house on own premises 1 Mobile Motel, hotel, rooming house, etc.: With cooking facilities: 1 First unit 0.5 Each additional unit Without cooking facilities: 1 First unit 0.25 Each additional unit Multiple living unit: ~- Studio or 1 bedroom 1 2 bedrooms 1 3 or more bedrooms 1 Office building, for each 2,500 square feet of 1 gross floor space or fraction thereof Photo development lab 2 Railroad depot Restaurant, per customer seating capacity 0.1 2.0 Retail food store, for each 1,500 square feet of 1 gross floor area or fraction thereof Retail store, for each 3,000 square feet of gross 1 floor area or fraction thereof i Schools, per each 50 students in average daily 1 attendance or fraction thereof Service station: - Full service ~- Gas and restroom service only 2 ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 9 OF 15 With car wash (to be computed on an individual - basis) Single-family residence 1 Swimming pool: Private, for each 500 square feet of pool water 0.25 surface area Public (to be computed on an individual basis) Tavern 2 Theater - Townhouse ~ Trailer court or park: - First unit ~ Each additional space, long term tenant type 0.75 Each additional space, short term tenant type 0.5 Triplex See Multiple living unit Variety store, for each 3,000 square feet of gross 1 floor area or fraction thereof E. Pass-Through Charge To User: The United States environmental protection agency has required the state of Idaho to test drinking water and the state of Idaho through the department of environmental quality, has passed the cost of such testing down to local governmental and private water suppliers. The city must pass the cost of such testing to the water users. Therefore, each water user shall be charged a monthly water assessment of twenty five cents ($0.25) until the department of environmental quality amends or retracts this testing charge. Section 5. That Title 9, Chapter 1, Section 21 shall be amended to read as follows: 9-1-21: DELINQUENCIES; CITY PROCEDURE: ,~ ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 10 OF I S ~--~ A. Termination of Service; Notice: Each month the municipal utility billing department shall furnish each water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read; and if any water user does not pay the billing within fifteen (15) days from the date of the statement, the water user's account shall be delinquent. Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the water user, the right to water shall cease and terminate unless the owner requests apre-termination hearing before the Board of Adjustment. Should the water user not request apre-termination hearing, or if an adverse decision is rendered against the owner after apre-termination hearing, the city may require the owner to pay the delinquent water bill attributable to the use, plus a turnon charge as a condition of resumption of water service, and in the event the water meter has been removed, a fee must be paid as a condition of resumption of water service. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Board of Adjustment 'and shall be certified by the chief financial officer. B. Right to Hearing: 1. The city, in its delinquency notice to all water users and owners, shall inform them in writing of their right to apre-termination hearing before the Board of Adjustment r-~ in accordance with Title 2. Chapter 7bele~t. If apre-termination hearing is requested by any water user, the city will not discontinue water service to any water user prior to a fair and impartial hearing before the Board of Adjustment vsr~i: ~rcr~cin.-~vrarrrrzriua~v-o~-~ > > " '~ ~-~-`@Aaoli~iv~rrssc[e~~i6« T« .7 .,.7. o e ~., f fL. 4 •T. •4 •~ •~~ :«~ ..w. ~l.e ...n4or ..c.o....F4L.s r:..1,4 4n n e..~ 41.0 ~J {JV{Fl ~11V ~~~ .. ~~~_ ~___l ---_ ___! ----_____ ___ v .. 2. Provided, however the city shall not initially deny or discontinue water service to any water user because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be alien against the property as provided below. The city may initially deny water service to any water user who requests service at a new location when that water user has a delinquency at any previous location or premises. Provided, further, that the city shall not initially deny water service to any water user for whatever reason without informing the water user of the right to a hearing before the Board of Adjustment ei~ee>mui~-on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to ~ provide water service pending a hearing. However, a hearing upon request of a water user initially denied water service shall be held as expeditiously as possible ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 11 OF 15 ~ and held in the manner and accordance with the procedures for pre-termination hearings before the Board of Adjustment defeated-~abeve• C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the city clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the clerk under the provisions of this section shall be paid over to the city treasurer in the same manner as is required for the payment of other city monies. D. Security Deposit: Upon application for new service, or upon reconnection for existing service which was terminated for nonpayment, the. city may require a water user to pay a deposit in an account to be determined in accordance with policies established by resolution of the city council. Section 6. That Title 9, Chapter 2, Section 1-4 of the Meridian City Code shall be amended to read as follows: 9-2-1-4: DEFINITIONS: ,,-~. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. ACT OR "THE ACT": The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq. APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, city of Meridian prohibitive standards, city of Meridian specific pretreatment standards (local limits), or EPA's categorical pretreatment standards (when effective), whichever standard is appropriate or most stringent. APPROVAL AUTHORITY: The regional administrator of the EPA, region 10, Seattle, Washington. AUTHORIZED REPRESENTATIVE OF THE USER: A. If the user is a corporation: 1. The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 12 OF 15 2. The manager of one or more manufacturing, production, or operation facilities, provided, the managers if authorized to make management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedure. B. If the user is a partnership or sole proprietorship: A general partner or proprietor, respectively C. If the user is a federal, state, or local governmental facility: A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. D. The individuals described in subsections A through C of this definition, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the superintendent or ~ designee. BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of practices to implement the prohibitions listed in 403.5(x)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20 C), usually expressed as a concentration (milligrams per liter [mg/1]). BOARD OF ~R~~l£ ADJUSTMENT: The board constituted pursuant to section 9- 1-17 of this title and as established in Title 2, Chapter 7. Section 7. That Title 9, Chapter 2, Section 3-7 of the Meridian City Code is repealed and replaced to read as follows: 9-2-3-7: APPEALS: Any person, including the user, may request a hearing before the Board of Adjustment to appeal a decision by the superintendent or designee relating to wastewater discharge permit ,--~ applications within thirty (30) days of the denial or issuance of the permit and by ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 13 OF 15 complying in all respects with the procedures set forth in Title 2, Chapter 7 pertaining to the Board of Adjustment. A. Failure to submit a timely Request for Hearing before the Board of Adjustment shall be deemed to be a waiver of the right to appeal. B. In the Request for Hearing, the appealing party (Hearant) must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. D. A limited right of appeal to the City Council shall be available to a Hearant who receives and adverse decision by the Board of Adjustment and complies in all respects with the procedures set forth in Title 2, Chapter 7, Section 7. E. The decision of the City Council shall be final. Section 8. That Title 9, Chapter 4, Section 20 of the Meridian City Code is repealed. !'-~ Section 9. That Title 9, Chapter 4, Section 21 is repealed and replaced to read as follows: 9-4-21: SEWER CHARGE APPRAISAL: If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request a hearing before the Board of Adjustment pursuant to the procedures set forth in Title 2, Chapter 7 pertaining to the Board of Adjustment in order that the parcel being subject to sewer connection, charge, periodic user charge, or other fees as provided for in section 9-4-23 of this chapter be appraised and assessed by the Board of Adjustment for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components of the wastes that the user is contributing to the system so as to establish, as nearly as possible, the rate, charge or fee for each property on the same relative basis as is imposed upon like property and uses within the city that has or will receive the sewer service. This procedure may also be used to determine the initial charges set forth herein or to change or modify the initial charges. Section 10. That all ordinances, resolutions, orders, or parts thereof or in conflict with ~ this Ordinance are hereby voided. ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 14 OF 15 n Section 11. That this Ordinance shall be in full force and effect beginning on ~e ~Q m~~ ~'7 20~. PASSED by the City Council of the City of Meridian, Idaho, this a ~ day of ~ M~ , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this a ~ day of 1~~.Q mom( , 2010. APPROVED: ~,~27'~~ Tammy d erd, Mayor \\~.t,,,;:. r ~ ur,rrrr, ATTEST: \\,,~w~y O~ ~''ERlgy~~,~~~' G t '--` Fo ayce .Holman, City Clerk fiE.~L = ~~ ,~o~ O ` 9 ~T 1S'~ • `r ~. ,,,~q L,o ~pQ' ~~~` UWT`i /~~~rrrr~rrrrri irN1~~~`\\ ORDINANCE REPEALING AND REPLACING ORD. NO. 1458 PAGE 1 S OF 15 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN OR EINO 0-14 8.RELATING TO THE CITY OF REPEALING AND REPLACING ORDINANC MERIDIAN BOARD OF ADJUSTMENT An ordinance of the City of Meridian repealing and replacing Ordinance No. 1458 providing for a new chapter, Chapter 7, of Title 2 of the Meridian City Code, relating to the establishment, duties and powers, membership, organization, meetings, and hearing procedures of the Board of Adjustment and right to appeal; repealing Title 9, Chapter 1, Section 17 of the Meridian City Code regarding the Board of Appraisers and replacing with a new Title 9, Chapter 1, Section 17, relating to dispute resolution, Board of Adjustment; amending Title 9, Chapter 1, Section 19, relating to establishment of meter installation fees; amending Title 9, Chapter 1, Section 21, relating to termination of service, notice, and right to hearing; amending Title 9, Chapter 2, Section 1-4 of the Meridian City Code, relating to definitions; repealing Title 9, Chapter 2, Section 3-7 of the Meridian City Code regarding appeals of wastewater discharge permits before the Board of Appraisers and replacing with a new Title 9, Chapter 2, Section 3-7, relating to appeals of wastewater discharge permits before the Board of Adjustment; repealing Title 9, Chapter 4, Section 20 of the Meridian City Code, relating to the Board of Appraisers; repealing Title 9, Chapter 4, Section 21 of the Meridian City Code regarding sewer charge appraisal and replacing with a new Title 9, Chapter 4, Section 21, relating to sewer charge appraisal before the Board of Adjustment; providing for a savings clause; and providing an.effec~v~~,,The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East ~3i;oadway.,.lvicr~ti, Idaho. This ordinance shall become effective upon its passa a and publication. . ~ ,~ _ . ~. ~. ~. ,. City ` ., Mayor an City Council ~~; By: Jaycee Holman, City Clerk ~ ~ ~ ~ ~- - ~ , 4 'Y' l' \ First Reading: la.~..~\_~ lto ;.>:'.,;';, ` Adopted after first reading by sus pension of the Rule as allowed pursuant to Idaho Code § 50-902: YES_~_ NO Second Reading: ' Third Reading: "- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- 1 y L ~ The undersigned, William L.M, Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- Cam- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 22 day of ~~'~~~ ~ , 2010. L. . ~J ,-, William. L.M. Nary City Attorney BOARD OF ADJUSTMENT ORDINANCE- SUMMARY Meridian City Council Meeting DATE: December 21, 2010 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Joint P8~Z /City Council Meeting Reformatting and Udate of the City's Comprehensive Plan MEETING NOTES CLERKS OFFICE FINAL ACTON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS December 16, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members Planning & Zoning Commissioners CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Draft Comprehensive Plan Reformat/LTpdate December 21, 2010 Joint Council-Commission Workshop Meeting Over the past year, Staff has worked on reformatting and updating the City's Comprehensive Plan. We now have a draft Comprehensive Plan that we'd like to share with you. During the December 21St workshop we will go through the draft Plan and explain the changes made to the current (2002) Comp Plan. We will also briefly explain what's gone on in the process since we last met (May), and what the next steps are. Because the draft document is fairly large, please take some time before the meeting to familiarize yourself with it. Particularly the Implementation Plan at the back of the document - this is where the policy statements and action items are. Staff will come prepared to the joint meeting, ready to take any comments, changes or questions you may have on the draft Comp Plan. If you want to contact me before the meeting to discuss, please feel free. My direct line is 489-0572, and my a-mail is chood~u.meridiancit ~~org Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854. www.meridiancity.org __ `~ CUT SHEET LAND USE TABLE ~:,ITYOFC~Eam~ This information is a quick summary of the Comprehensive Plan designation with some of the related City of Meridian Design Manual. 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N •D ~ -p v~'i • • ~ ~ ~ ~ C ~ 0 C p ~ ~. •~ tco •~ c ~ ~ •p cn _ > t0 u t O ~ . + .+ 1~y ~ ~ p O~ •~p C i ~ ~ ~ O Z ~ 0 N C Vf 7 0 C ~ C p1 c v o " N~ v " c c . v di ~ a L ' ~ H ~ o 3 ~ ~c v ~ c ~ ~ c Y ~ ' ~ C D1 Y 41 .~ c C V o N O L C ~ C U ~ ~ Q •D +.+ C L ~ •+ ~ a ~~ ~ w~ ~ 3 w ~ '• a o c O c E c w ~~ v +-+ ~~ Q ~+ d O U P O~ ~ a ~ L L o ' L ~ ~ t0 o ;C, •C O ^ ' ~ ~~ a a v i N N "C c 3 v ~ ~ ? ~ ~ w v v v m c ~ c +~ ~ ~ a o m c ~ ~' ~ c c ~ ~ ~ ~ O o ~ ~ ~ ~ c ra a ~ o c ~ c ~ ~ a i c o o ~ o• }• ro 3 ~ ~ + ~ ~ ~ ~ ~ ~ 3 ~ ~ ~ ~ `° v m •- v u ~ L '-' n L ~~ o c ~- v w ~~ : O ,~ L O ~ ° a m o v C ~ ~-' u~ ~ c U , ~ N ~ .O L ~ ~ ~ C N ~ + O ~ ~ (A ~ ~ O V ~ •L ~ ~ L C ~ a (p L ~ m VI c c v a. oo i `° ~ O ~ ~ ~ ~ C '° ~ ~ v ~ v Q ° " Q ~ N V ~3 a L +? `~ _ °° o UO t~ pp U ~ C -C v i ~ O of +r ~ L (p L d 'i N~ O U y L N ~ pl w ~ ~ ~ ' o c E ~ ~ ~ ~ ~' v u° ~ f0 a ~ ~ v E ~ ~ ~ ~ ~ ~+ ~ ~ L C L ~ o (A t0 N ~ ~ C c ~ ~ E c rv U 3 '~ rn o ~ ~ ~ ~ ~ ~° v ~ c ~ ~ a`°i = ~ N ~ to O '~ ~ c aO+ ~ c = ~ ~ N +~ rn ~ > a to L N 3 ~ ~ c o '~ ~ ~ 'S v fO o, ~ `o L ~ ~ "= ~ aci E °vi ~ ,u ~ 0 3 a i o $ g ~O•, ~ CU O ~ rcp~ - p •~ •N N ~ ~ • N c c ~ v ~ ~ O• ~ N `~ Q Z ~o - ~ c ~ L ~ ~ +~ ~ c ~ 3 ~ . ~ rv w o- c . a N v ~ • ro - O L ~ J ~~p } N ~ N ~ C ~'~ y ~ J 7 ~0 ~ ~ ~' ~ n ~ O~ .~ N N ~ ~ y~ L ~ fO ~i ~ ~L d ~ a L ~ C V ~ ~ ~ ~ ~ C . - ~.. .F.~ a-,+ N VI ~ . ~ • Q . O U N ~ v° " N o aL~ ~ ., +r w •3 N ~ 'N' 41 ~ N> v .a N ~ N v > c C o O `~ O O O L ~ O ~ ~ C C o C E o a o a s a a i ¢ U 0 U L a '° > > > > > > > > > > > > > > > > > > > s V N r~o a~ r+-o N ri a~ +' a~ ++ N +.~ N +~ N +.~ v +~ a~ +~ a~ ~-+ a~ +~ a~ +.+ a~ +.+ v ~ ~ v ~ + v ~ v v ~, L ~ ~ p ~ ~o ~ ro ~ ~a ~ m rv ~ ro ~o ro ro ~o ~ rp .. ~ - ~ + ro +.~ to +~ ~ ~ ' CC NNC N O CNC O ~ UJ ~ N ~ N ~ N ~ C1 O N ~ N ~ N ~ N ~ N ~ N ~ N L L i ~ ~ i ~ ~ ~ C C L ~ C C i ~ c c L C C L ~ ~ C C c C C a v ~ ~ v v ~ v ~ v ~ ~ v ~ m a~ v L v L v L ~ c c c c c c c c c c c c c c c c c c c ~ '""i ~""~ 7 rt 7 rr 7 (rtD 7 lrtD 7 [rtD 7 frtD rp-r (~ rt f~D ~ ~ ~ ( D f D o ~ ° o ~ ~ ~ ~ a c o a s a a a a a ~' ~ a s n; o, m ~, u o- m o, u or m ~ m a ,rt ~o o n s ~ ~ nn n °c°~ c~ o o ~ X ~ ~ r~u ~ c~u ~ ~.o < ~ _> > io ~ cn~ na ~ o ~ ~' m c<u m ~ ~ a _ " ' 3 ~ c ~ o n (D d O ~ 6 fn ~ ~ ~ o n fD ~ ~ 3 d d ~ ~ N ~ n ~ 3 ~ ~ (D cn rt p ~ .~ a m , 7 ~ ~ ~ ~ ~ ~ rr O ~ O [D O rt rt (D O N 3 ~ O Vf rr ~ rr fD rt _ ~ _ ~ `~ mom ~ (n ~ fD ~ ~~~ ~n ~ m p O ° j ° ~ a o ~ c ~ . ° ~ ~ .moo x - - n . m ~ ~ ~ o0i ~ ~ ~ Dv~i ~ O ""'(~ ~C lD rr n O 6 N n _ ~ n p Vf fl. N p+nj n O) S ~ p ~ C ~' c e_r ~' Oy+ ° ~ flj ° ~ n n ~ ~ O o ~ ~m QN cn ~ ,~ ~ rr n ~ a rt . ~ O d r rt D~~~ Q O (D O m 'a ~ 3~ ~ r ~ 3 ~ ~ Q Q r m ~ m ~ ~, ~ r ~r o ~ ~°' ~ fll fl1 ~ r ~ ~ f~D n ~ fl ~ ~ ~ ~ n o ~ a .~ fD ~ ~ i 3 rr rr' ~ ~ rt ~ D lD ~^ (7 O ~ ~ lD , n. ~ t n ~ N ~ O p j ~ [D . r r ~' ~ S ( if rt p l0 O O ~ rte O- p O,mp p~ fir 7 ~ H °' ' o ~ ~~ o ° ~ p to a ~ =~~~r~ ~ o -a ru o ~ m a o ~ ~- O~ n rr [D D O (D cn c ~ lD ~ ~ o ~ ~ 3 0 D~• ~ ~° m ~o ~ o - , Q p cn ~ a . ~ - ~ ~ ° o ~ ~ c~c ~, oQN'~o v- ~ on a O ~ ~ ~Q c ~ ~ 3~a0< °-~ n ~ rt ~ ~ pm ~ N~ aan~~ ~ ~~ ~ ~' m ~~, , pi n ~ 7 E N O cn ~. - Q~ n rt , c~i~ °1 O ~ ~ O ~ ~ c ~ ~ a~ 6Q ~ ~ o ~' ~ a re; Q n ~ ~ ~ ~_ a 3 O N ~ ~O O ~!~ O ~ ~ ~o ~mofDO ~~ ~ ~ n ~° rt v ~ ~ ~ ° 7 ~ ~ D D ~ ~ ~ ~ ~ ~ D r ~n ~ r r ~ ~ ~+ n ~ " H O to ~ ~ ~ d O ~. fD [~ (~ n [~ w ~ n, O oni p ~, nrn, ~ on, O ~ ~ ~ ~ ~ ~ ~ ~ ~ ? ° ~ c~-u n ~ ~ ? ~ ~ -a ~v ~ ° ~ o ~ o m ~ m a o < ~ c o ~ a< co ~ O ~ . m m ~ m ~ ~ ~ ~ ° ~ ~ ~ c~ ~ ~ o ~ a ~' a ~, o ~ a. N ~ ~ N ~ -v v -o ~ c~ y3 E E ~ ~ ~ ~ ~ + ' L L ,,moww YI ~ ~ > ~ > ~ > ~ > ~ > L > L > L > L > L > L ~ ~ L ~ ~ ~ ~ 0 ~ ~ 0 0 ~ O ~ O O ~ U rp U r U U V U U ~p~ ~ U U r~ U V U U ~ ~ U ~ ~1 i ~ ~ ~ j L = = a c C ~c c ~ ~ Ha ~ ~ ~ m ~a a m ~ ~ ~ rn ~ c ~ ~ . r~ m ~ ~ ~ o o rc ~ ~ °1 ~ ~ ~ ~ 'u c a s a a a~ ~O ~ a a s a0 a 0 ''° ~ ; ~' ° ai C `" _ O ~ VI (d Vi p L O m "p ~ L .0 ~ ~ ~ N ~ ~ C ~ ~ 'L N ~ ~ N cn p ~ C C r0 ~ ~ C vi O U O ~ ++ yj ~ -a ~ v ~ ~, rn m ~ C ~; ~ +~ N L C~ O y~ C W C~ ~ ~ -D 41 ~ ++ N ~ ~ O ~~ .~'' ~ ?`~ ~ a~ ~~~ rn 3 N ; n t o o N- o w n ~ .-. C a *~' v vas L }J o ~ ;a v ,~ >~ ~ ~ r rn o }J ro n v c E no v ~ n ~ 'v ~ L~,`3 vi L ~~` vO ~ rn-v c E N ~ 03~ ~ ~~' ~ c~ . c o 'm^ m v i moo- ~ L v i~0 0~ ~ mac fp o3 E N ' ~~~' U ~ o N N E C t o ~r p t ~ ~ X n L N ~ _. ~ ~ N Y N ~ 7 ~ ~ ~ O ~ ~ ~ +r ~ ~ ~ 1~1 ~ O ~ n ~ ~ U f0 ~ ~ ~, ~ C O O ~ ~ ~ N O o ~ o ~ > ¢ ~ ~ v n ~ o. 3 0 ~ Q . c =a O ~ ~~ 3 ~ v~ ~ v ~ ~ o ~ m ~ > i ~ `~ ~ . ~ ~~ v ~aci L' vi a irn 3 ~ a~ E c~~ E n ~ v ~ v~- rv ~ ~ c ~~ v u ~ E ; yn ' ~ ~ +' C ' C c '~ n~ v C o ~ ~ O y 3 ~ •O ~~ V O +., L ~ ~ Q ~ ~ L O C ~ N j p u c0 O ~ d O a=+ O U (0 0 p L } / ~ U V ~ ~ C 0 - ~ ~ N ~ ~ V O L .C = C L a U > (~ L N +L+ cn ~ L C N ~ f0 N~ v ~O d ~O O 0 fl. O O L O ~ N .~ ~ Q ~ C c p ~ C ~p U N N f0 N p l 41 O ~ ~ L ~ p ~ ~~j+ • N d.d ~..~ . V ~.d a..i V ~ ~ O ~ ~ x O L N ~ > ~ ~ Q~ ~ V ~ v fl- C V u p ~ , ~~ p p. O s +.+ N O o C - C O n ,C C E O C O ~ o N ~ w. n L o ~' rn N (p c p O f c n O n n n +_~ m n ~' v ~~ Uc ~ o va o0 0 0~~ o n v ° ~ n v v~ v ~ ~ ~ ~' ~ ~ H w ° ¢ U U rn ~ ~ vOi O D~ Q ~ L ~ i ~ _ U ° ~ ~, •L N NN a m m v o _o ~ 0 0 0 +' N N N N N QC1 N 4J p /L ~i ~ a..~ ~ a..i L Y L .N L ~ L ~ L ~ L ~ L ~ L ~ L ~ L ~ C H C H C H C H C H C H C H . C H 1-~i F~-1 fly C F.,,.~ r r p _ p _ O p ~. co r~r m ~ to ~ ~n ~ ~ ~ ~ ~ O rr ~ rt r~ rr fD -~ ~ ~ a (p lD ~ = a a: ~ ,~ ~ o ~ A z ~ -v -I ~^ D -~ ~ m 3 c p -i O• n ~ N ~ ~ o ~ ~ 3~ ~• ~ rt~ cu a m ~ rt ~ _ ~_ ~ X ~, ~ ~ o, O O N n 3~~ cu ~ ~ ~ ~ c o~ ,~ ~+ rt 3 o, m ~ ~ ~ 3 c of ~ rt i ~ O ~, 7 ~ ~ • ~ f D rt Ol rt O ~ (D `< j ~ ~ L11 Cll ~ ~ ° ~ N (D ~ ~ O c ~ -p ~ ~ ~ O O ~ ' of A ~ ~ ~ ~ ~ a 01 __ ~ • 7 rr N fD O O ~ N a ~ O ~ - 3 ~ rt [ ND -• ~ tri ~ rt ~ ° ~ ~~ m ~ ~ ~ °~~ ~ O ~cu°~ m ~ ooi ~ ~ rt f7 ~ 70 O fD ° -Q ~ a ~ ~~' °' O ~ aQO ,~~o o ~ o ,~ O O f~D fD N a. (D "D 'O a rt y ~i N p cn o a ~, ~ m ~~ °' ~ ~ -+, ~ in -* ~ ~ 3 O -~ O ~ ~ o , rt r~r O ~ O 7 O~ ~ ~ , ~ _ O_ (7 (D ~ = fl- 'O ~ ~ ~ p ~ ~ ~ O rt rt ~ ~ j O V1 S~ S j fD ~ ~n C •~ N ~ cn [D ~ N O lD 3 ~ ~ ~ vpi ~ w N N ~ ~ • ~ 70 '* ~ ~ m n, ~ ~ ° -a °° 3 ~ a. ~ u' ~ n, °c ~ ~ °' o n ~• ~ ~ m ~ ~ ~ c~i~ ~p Oi '•r, ~ < fD Ol ~ Ol rt cn r~-r rt O rt ~ ~• '~ S fCD ~ ~'' ~ O ~ < d 7 ~ ~ (Cjf ~ Vf p ~ O p ~ N z ~ 6 ~ 3 3 a ~ rh g ~ ~ f '1 N rt o0 fD ~~ one ~• a c a~ ~ ~ ~ ~ . ~, ~ ~ ~ ~ of ~ n ~ Q ~ Q m 0~ of O- fl1 O- ~ ~ > ~ O -, 3 ~ > ~ > ~ > > > > > > fD ~ j. ~. ~ ~ ~ ~ ~ 7 ~ ~ Or ~ to t0 c g = ~_ A n n c~ n ~ (~ o, n o, (~ o, n n, 3 O [~ o [~ m ~ ~ o m ~ m ~ ~ ~ ~ ~ Z ~ `~ o ~ O O ~ O O ~ o < ~ Q m rr o < ~ N f ( / N f< D f< D (~ (~ N ~ fD ~ C ~ r 01 ~ ~ 3 0 ~ H ~ 0 Q. fl- l~D Q a fl- v ~ v w *~' E E E E ~ v > > > > > ~ > a~ > a~ > v > v a~ v v a~ v 0 0 0 0 0 0 0 0 0 o a~ o o _v o 0 ~ ~ c~ U U U U c`~ U v v `~ `~ ° ` c c U c ~ U a~ ~ ~ V .y ~ C ~ ~ c ~a ~ ~ m m ~ a m m L ° ~ a rn ~ rn .~ .~ ,~ .c u ~ .c c u ~c ` ~ c .~ ~ . ~ • fp a fO a C a C a -fl L a~ C a C a ~ - . C L f° ° C ~o C ro C '° a Q a~ a a a N ~ N ~ U O N v3 'Zo ~ ' ~ c ~ c y +~ O r0 - - X ~ °u ~ C O vii C~ ~ aL , , O ~ ~ O ~ O ~ fp ~ O O N ~ ~ C O U ~ ~ .C o a~°i N E t v ~ ~= c c a~ tp U _U a 'y, (0 ~~ U ~ j _O ~ C O ~ N L ~ ~ 7 i L a ~` ~ f0 ~ 01 U t ~-' 'O O C +.+ v~ a~ •° ~ cep o ~ ~ L a~ 3 t~ v v ~ ~ ~ `6 ~ v 0 ~. 0 ~ Q, ~ ~ o ~ ~ 3 ~ o ~ ~ ~ U E~ E a E c m ~ Q c a ~ ~ N _ O f0 ~ ~ ~ U1 ~ .L O ~ ~ ~ ~+ N i ~ ~ ~ D ~ N ~ C ~ tLp L ~ ~ ~ V O aJ V CO C ~ ~ a = ~ ~ ~ ~ ~ ( ~ ~ L . N u ° ~ ~ ~ ~ ~ •~ C O o ~ ~ ~ •~ ~ j ~ ~ ~ ~ cc C o >_ ~ o ~ ~ ~ ~ a ~ -~ ~ Q N L ~ C C O N dl ~ ~ N ~ Ol ~' C O O 'O f0 CNC ~L N p ~ C O ~ ~ ~O C ~~j0 ~ ~ ~ C ~ f0 ~ N LO N ~ ~ ~ ~ +~ f0 ~ O • ±.+ .V f0 a~+ ~ a .N V ~ .U ~ ~ V ~ ~ 'C V ~ O 0 ~ 0 L U O (~ ~ N O a~.+ ~ ru0 ~ c N c a > ~ +~ O. 41 a ~ ~ O C C O C O ++ ~ v ~ -p C f0 f~0 ~ ~ C ~ ~' C ~O j~ ' ~ p1 N a ~ ~ O 7 U ~ O ~ tr ~ C L O ~ O ~ . u L ~ ' LO N ~ ' U `~- ° ~ L ~, o a a i +~ a ro:o ' p.rn ( O v ~ ° ° v N N a..i O ~. 0 a-.+ 0 a W L ~ O "d C . fp C L ~' ~+ ~ O C ~ ~ ~ C L Q~ ~ ~ a Q '~ ~ 4= ~ O U O ~ ~ C .~ ~ C ±.r ~ .fir N ±.+ f0 c~ +~ + '~ ~ N ~~' ~ O s y ~ ~ 3 vi 3 aL~ v , ~ 3 v~f0 ~ _ N ~ N ~ •L ~ N C ~ f0 r f0 ~ (~ ~ '~ f0 ~ Q ~ C ~ ~ + ~ . 3 N .fl E ~ ~ ~ ~ U U L U 'D ~ L~ ~ O L ~ Q~ '~ ~` O O `~ O yJ O ~ (Q ~ C O O L O C L O a > '~' ~ L f-! f0 ~ a f0 a~ ~ fn w v° C Q C w O a v ~ U > ° - UO ~ VO p a C O a v ~ N o a n . . . . , t c L ~ t ~ _ > > H H ~ ~ > > > ~ > > ~ ~ ~ V ~ . ~ ~ ~ ~ +~ rn c ' rn c ' rn c rn c rn c rn c rn c rn c rn c m m a rn c v, c o ~ o m 'o ~ 'o m 'o 'o 'o 'o 'o 'o 'o ~ ~ O O O O m O m O ~ O ~ O ~ O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 ~n 0 ~ 0 ~n 0 ~ 0 in cn ~ ~n ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 ~ . cfl ~ O ~ n < < < S S ~<, ~<, S S S S S S < < ~ < < < ~ rt (D N ~ N l~ ~ ~ ~ a Q -~ D 0 C7 n ~• n C7 ~ ~ -a D ~ y cn C N n C ~ VI (n < ~ ~ (D On ~ 7 rte , ~ "O r -r O O rt ~ ~ LC17 V1 - rt ~ ' S [D (rtp =r ' r=t [D In O c C O ~' fD ~ ~ d n '-" ~ ~ ~ Q fD '~ to N ~ C = of Vf N Ol N rt ~ .a 'D ~ ~ ~ ~ rt n rt ~ O 7 h) rt O fD ~ ~ N ~ ~ '~ ''* S N ~ fD ~ r~ r~ O (p _. ~ C (D (D fD O , (p (p ~ rt ~ ' -r fll ~p • (D 7 'p ~ ~ !D A rt r-r C1 ~ N [D • r} fD a ' O O Oi r~r O C O O• N p- c ~ ~ ~1 n r _t, ~ fl1 O ~ (D O O ~ + O rt ~ ~ O O ~ ~ ~ ~ ~ vNi O rt O p ~ ~ ~ ~ N n Ol Vf fl.. ~ ~ ~ ~ n' °o n m'~ c ~ ~ _ o n. o ~ ~ m ° ~~' m ~ a m ~ d d d ~ O fl ~ ~ O < O ~ , -* O l1 ~ 7 N ~ j ~ O O ~ ~ D 01 > Ol > fD N ~ 1 ~ a ~ ~ ~ (~ ~ D ( c rt ~ S ~ O 7 n V f ~ a 0 f y d O- ~ 7• Ol O O 01 ~ C ~~ O O rt < o ~ -a ~ ~ ~ ~n a ~ ~ r r ~ n- ~ cn ~ 3 2 ~ c ~ ~ rt X ~ ~ ~ i ° c na ' m ~ n ~ ~ a m ~ ~ ~ o rt v i c n i O a ~ A ~ ~ N ~ l~ l~ O (D N ~' ~ Q ~ ~ r t, C (D d l D ~ ~' ~ 01 opi ni g -v n c ~ ~ a ~ O ~ ~ p ~ ° ~ ~ ~ n ~ ~ ~ p cn ~ ~ N .. ~ O ~ rr ('1 O ~ < N _t ~ rt ~ ~ O ~ rt ~ N O ~ ~ 0 6 Q O ~ = Q 7 O a fll ~ rt o r r (D ~ ~ m ~ l~ In l /f . rt ~ T '~ ~ ~ ~ ~, .. ~ x ~ ~ ~ ~ ~ a ~• ' ~ ~ ~ ~• 3 ~ ~ v n , o ~ ~ ~ ~ ~ ~ o o ~ o o ~ ~, [D ~ l~rtD ~ ~ N ~ n ~ ~ n ~n p n' ~ N ~ ~ 7 ~ rt ~* ~ ~p (D ~ ~ ~ O _ fll ~ ~ ~ ~ a ~ ~ O rt a ,..* p ~ !D rt p ~--i LL O LL ~ ~ ~ -r C e p ~ O ~ ' < ~ ~ = ~ ~ ~ ~< 7C cn N ~• rt ~ ~ ~ S (D N N 3 ~ ~ l0 ~ O ~ ~ lD N r ~ O p- a N ~ ~. n ~ ~ ~ O ~ ~ Q ~ r O•r n (D ' N of (D ~ O _ , 0 a cn' a ~ ~ ~ ~. ~ d `~ ~ 2 '* c ° n~ ~ ~ c 7 [D N O O N ~ ~ N ~ ~. 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'~~. ~ v * .. ~ ~~. ~~ PREHENSIYE PLAN ZOIO UPDATE DECEMBER DRAFT ;-; .=. i~ ,•. i-~ i-. .-. -. .~. .-. -. .-. .~ ,:-. :-` :~. :- :-. :-. .. ;. .. CItV OF MERIpIAN eiOMPREHENSIYE PLAN 2O ~ O UPDATE DECEMBER DRAFT Prepared by: City of Meridian Planning Department 33 E Broadway Suite 210 Meridian, Idaho 83642 Phone 208.884.5533 Fax 209.888.6854 ~E IDIZ IAN,- ~~ -This page left intentionally blank ii ~ City of Meridian 2010 Comprehensive Plan Acknowledgements MAYOR AND CITY COUNCIL Tammy de Weerd, Mayor Brad Hoaglun Charlie Rountree David Zaremba Keith Bird PLANNING AND ZONING COMMISSION Joe Marshal Michael Rohm Scott Freeman Tom O'Brien Wendy Newton-Huckabay City of Meridian 2010 Comprehensive Plan i This page left intentionally blank jj City of Meridian 2010 Comprehensive Plan e .-. TABLE OF CONTENTS ^ »~ TABLE OF CONTENTS u ~ , s r .. , . n~ ...x w . ~~ ,- n. ^ Chapter I -Introduction .................................................................... ........................................................... I ^ ................................................................................. Plan Purpose and Scope ........................................................... Nature of the Plan ............................................................................................. .........................................................................3 ,., .................................................. Plan History and Preparation ...................... ..........................................................................3 ~'` .......................................................................................................... Plan Vision ..................................................4 ........................ . .....5 ^ ................................................................................................... Plan Structure . ................................................................. .. 5 Using this Document ............... ..... ...................................................... ........ ..... .......................................................................... ^ ........................................................ Chapter 2 -Community Vision ................................................ ^ Quality of Life and Livability .......................................................................... ..........................................................................7 , Healthy Initiatives ............................................................................................. ..........................................................................9 ........................................................... Chapter 3 -Strategic Growth .............................................. ,.~ Land Use ............................................................................................................ ....................................................................... 12 , The Future Land Use Map ............................................................................. .............................................................................. 14 Community Design .......................................................................................... ...................................................................... ,~, Housing ............................................................................................................. ....................................................................... 30 Transportation ................................................................................................. ..................................................................... 31 ^ Transportation and Land Use Integration ................................................. ............................................................................... 31 ,.~ Blueprint for Good Growth ............................................................................. ............................................................................... 32 Communities in Motion (CIM) ...................................................................... ...............................................................................32 Alternative Tronsportaiion ............................................................................... ............................................................................... 32 .~. Utilities and Infrastructure ............................................................................ ....................................................................... 35 Water Service .................................................................................................... ............................................................................... 36 '"' Sewer Collection and Treatment ................................................................... ............................................................................... 3b .-. Other Services ................................................................................................... ............................................................................... 3 7 Future Acquisitions Map ................................................................................. ...............................................................................38 '~ ................................................... Chapter 4 -Economic Excellence ........................................... .,. Economic Development ............................................................................... ........................................................................ 39 Business Enterprise Corridors and SpecificArea Plans .......................... ...............................................................................40 Chamber of Commerce .................................................................................. ............................................................................... .... Chapter 5 -Stewardship ................................................................... .......................................................... 43 Natural and Built Environment .................................................................... ........................................................................43 ,-. Natural Resources ............................................................................................ ............................................................................... 44 ,~ Sustainability ...................................................................................................... ............................................................................... 45 Hazardous Areas .............................................................................................. ............................................................................... 46 ^ SpecialAreas and Historic Resources ......................................................... ...............................................................................47 ,_, Chapter 6 -Public Services ............................................................. ..........................................................49 Community, Social and Government Services .......................................... ........................................................................ 49 ^ ...................................................................................... Community Services ................................................... ,., Education ............................................................................................................ ............................................................................... 49 Emergency Services ........................................................................................ ................................................................................ 5 I '" Parks and Recreation ...................................................................................... ................................................................................ 52 ,.~ Arts and Entertainment ................................................................................. ................................................................................ 52 Libraries .............................................................................................................. ................................................................................ 53 ^ Organizational Excellence ............................................................................. ................................................... 5 ..................... ,,,~ City Hall ............................................................................................................. ................................................................................ 53 Community Development Block Grant ...................................................... ................................................................................ 54 Property Rights ................................................................................................ ......... ... ................................ ............ 54 ,,,~ Chapter 7 -Implementation ...................................................................................................................... 57 Making the Plan Reality .................................................................................. ........................................................................ 57 ^ Alignment with Other Plans and Resources ............................................. ................................................................................57 ,~ Next Steps ......................................................................................................... ................................................................................58 Glossary Terms ........................................................................................................................................... A- I City of Meridian 2010 Comprehensive Plan iii ~-. .-. TABLE OF CONTENTS Acronyms and Abbreviations ....... ~ .............................. ............................................................................... B- I Regulatory Takings Checklist ................ ....................................................................................................C-I Implementation Plan .............. ~. ................................................................................................................... D- I F uture Land Use Map ................................................................................................................................. E- -~ . LIST OF TABLES <<" '~ . . _. Table 3-I. Community Choices Forecasts ................................................................................................................................... 12 Table 3-2. Future Land Uses within the City of Meridian Area of City Impact 13 .................................................................. Table 3-3 Meridian H i U i b T . ous ng n ts y ype ................................................................................................................................. 30 ~. n ^ I 1ST OF F16YRES Figure I - I . Meridian Vicinity Map ..................................................................................................................................................... I ~ Figure 3-I. Mixed Use Neighborhood Concept Diagram ........................................................................................................ 18 ,y Figure 3-2. Mixed Use Neighborhood Concept Diagram ........................................................................................................ 20 Figure 3-3. Mixed Use Community Concept Diagram ............................................................................................................. 21 ~ Figure 3-4. Mixed Use Neighborhood Center Concept Diagram ......................................................................................... 23 .1 Figure 3-5. Mixed Use Regional Concept Diagram ................................................................................................................... 24 Figure 3-6. Mixed Use Non-Residential Concept Diagram ............................................... .................................. 26 ~ .................... Figure 3-7. Adopted Network Map ..................................................................................................................................... .......... 33 .~ Figure 4-I. Business Enterprise Corridors ..................................................................................................................................41 ''1 ^~ I ~'1 .-. -~. .~, ~a .~. iv ~ City of Meridian 2010 Comprehensive Plan ~•. .-. ,. .~. .~. .~ .-. .-. .~. .. .. .~. ,-. ,.. ,-. .-. ,-. .~. .. .-. .~. .. ~-. .~. .-. .. ,~. .-. .-. .. .~. •. CHAPTER Chapter 1-Introduction Meridian, Idaho is located in the southwestern part of the state, just west of the State's capitol city, Boise (Figure I- I ). Meridian is one of six cities in Ada County, Idaho. City limits encompass approximately 33 square miles, and the Area of City Impact contains 60 square miles. There are over 65,000 residents in Meridian, making it the third largest city in Idaho. To preserve some of the small town character and charm, while looking to progress as a community, the City enacts this Comprehensive Plan. FIGURE I-I. MERIDIAN VICINITY MAP City of Meridian 2010 Comprehensive Plan CHAPTER Plan Purpose and Seope The purpose of the City of Meridian's Comprehensive Plan is to integrate the concerns and expressions of the community into a document that guides the City on how to grow and develop. The plan uses maps, tables and narrative to describe the City, provide a vision of a desired future, and recommend specific measures to reach that future. The required components of a comprehensive plan specified in the Idaho Code include private property rights; population; economic development; land use; natural resources; hazardous areas; public services, facilities, and utilities; transportation; recreation; special areas or sites; housing; community design; implementation; national interest electric transmission corridors, and any other component which may be necessary. One of the primary uses of the Comprehensive Plan is to provide direction for land use regulations, including zoning, as well as other implementation actions. Idaho Code § 67-651 I requires that: `The zoning districts shall be in accordance with the adopted plans." All legislative requirements, specifically the Idaho Local Land Use Planning Act, are addressed in the plan. Idaho Code § 67-6508 (the Local Land Use Planning Act) provides for a planning process as follows: "Prepare, implement, and review and update a comprehensive plan, hereafter referred to as the plan. The plan shall include all land within the jurisdiction o f the governing board. The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The plan with maps, charts, and reports shall be based on the following components unless the plan specifies reasons why a particular component is unneeded." The plan is intended to work in concert with the City's ordinances and specific area plans throughout the City. It is based not only on the concerns and expressions of the community, but upon the Existing Conditions Report that is adopted concurrently as an addendum to this plan. The Existing Conditions Report includes background information and analysis about the built and natural environment in Meridian today (2010), trends, and a strategic plan for the future. Together, the Existing Conditions Report and the Comprehensive Plan address all of the elements required in the Local Land Use Planning Act of Idaho. This plan applies to all geographic areas within Meridian's jurisdiction, including its surrounding Area of City Impact. Plan goals, objectives, and action items are designed to address a 10- to 15-year period, although some of the elements and action items address a longer timeframe. ~ City of Meridian 2010 Comprehensive Plan ~+ CHAPTER .. Nature of the Plan .. .. The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. The Plan establishes .~. goals, objectives and action items to implement the City's policies regarding .. growth. The Plan works in concert with City Code and other planning-related .. documents like the City's Sewer and Water Master Plans, the Comprehensive Parks and Recreation System Plan, and Capital Improvement Plans. It is also '~ used in conjunction with each City department's strategic plan and action plan. .. The Plan is not a set of standards or a means to enforce City Code. Instead, it indicates, in a general way, how the community should develop. .~. ^ Citizens, developers, the Planning and Zoning Commission, as well as ,,,~ the City Council and other groups, are all involved in shaping community development and have a primary responsibility to coordinate and direct the ^ overall pattern of development activities within the community. The City ~^ Council, with recommendation from the Planning and Zoning Commission, ~„~ make development decisions concerning annexation, rezoning, and subdivision developments at public hearings, as well as conditional use permits, variances, '"' and planned unit developments. Due to their responsibilities, it is necessary for .. the City to implement technical guidelines and adopt policies which will provide ^ the framework for resolving questions relating to appropriateness of proposed physical development and whether they add to the quality of life to Meridian ^ citizens and are in the best interest of the City. The City also needs to establish .. long-range implementation items for coordinated, unified development of public improvement projects. .-. .. Plan History and Preparation ^ Meridian's first Comprehensive Plan was adopted in 1978. That first plan was ^ developed to meet the requirements of the newly enacted 1975 Land Use .. Planning Act of the State of Idaho, Title 67, Chapter 65. During the summer of 1993, citizens representing neighborhood groups, developers, real estate ^ professionals, and public agencies participated in a Comprehensive Plan update process; a modernized City of Meridian Comprehensive Plan was adopted on ,..~ December 21, 1993. In August 1998, the Meridian City Council adopted the Meridian Vision Statement. By June 1999, the process of developing Meridian's ^ 2002 Comprehensive Plan had begun, with eventual adoption by the City Council on August 6, 2002. .~. A significant amount of time has elapsed and growth occurred, since the 2002 ^ version of the Comprehensive Plan. To ensure that the document remains ,..~ relevant and to make it more useable, today's City leaders recognize that a significant overhaul is needed. Many goals, objectives, and actions outlined .~. in the 2002 plan remain. However, some changes to the plan are in order as ^ some of the items have already been performed, objectives met, or are no ,.,, longer desired. Additionally, new initiatives like sustainability and a City Arts Commission have commenced since 2002 and need to be addressed in the °~` Comprehensive Plan. .., .-. City of Meridian 2010 Comprehensive Plan .-~ CHAPTER Throughout the comprehensive planning process, citizens affirmed that the goals, objectives, and action items contained in this plan are based on seven key community values: I . Manage growth to achieve high-quality development. 2. Enhance Meridian's quality of life for all current and future residents. 3. New growth should finance public service expansion. 4. Prevent school overcrowding and enhance education services. 5. Expand commercial and industrial development. 6. Improve transportation. 7. Protect Meridian's self-identity. These important community values were expressed originally in the 1993 Comprehensive Plan and again reaffirmed during the 2002 planning process. These values continue to drive the policies contained in this 2010 update to the Meridian Comprehensive Plan. City staff used survey information, workshops, steering committees, town hall meetings, and social media sites as public involvement tools to help steer the 2010 update to the City's Comprehensive Plan. Community input solicited throughout the planning process helps ensure community support for the updated goals, objectives and action items that are created or updated as part of that involvement. For the 2010 version of the Comprehensive Plan, appropriate carry-over goals, objectives and action items were included from the 1993 and 2002 versions of the Plan, and new policy statements were composed from various stakeholders, sub-committees and general public input. The goal is to make the Comprehensive Plan a better resource that the general public, developers and decision makers can all help implement making Meridian a premier place to live, work and raise a family. Plan Vision Basically, the Plan establishes a future vision and course of action based on the issues and concerns of the community. The vision adopted by the leaders of our premier city is to promote a safe and vibrant community by implementing the principles and policies of the Comprehensive Plan. The Mayor and Council will provide effective and responsible leadership, positive staff development, maximize available resources, and improve connectivity to our community. As a caring City we are committed to fiscal responsibility, public involvement, strategic partnerships and economic vitality. To that end, the City has established five City-wide strategic focus areas where City departments work together to guide growth, create a sustainable economic base, provide services, 4 ~ City of Meridian 2010 Comprehensive Plan .-. .-. CHAPTER .~. and be good stewards of the public trust, with trained staff that are committed to the City's core values. Plan Structure .-. The Comprehensive Plan is structured around the community's vision as well as the City's Focus Areas and Initiatives. At the beginning of each chapter, the ,~ associated goals and objectives for the elements discussed therein are listed. A brief explanation about each topic then follows, explaining the underlying ,.,, need addressing each element. At the end of the document is a consolidated list of all the goals, objectives and specific action items within each chapter. This consolidated list is referred to as the Implementation Plan which assigns a ^ responsible agency, City department or civic organization to each action item ,.., (subject). For easy reference, the Implementation Table, a Glossary, acronyms and abbreviations, a regulatory takings checklist, and the Future Land Use Map '~ are included as appendices to this Plan. .~. Ysin9 this po~ument ,-, ^ There are three groups of people that will use this document in different ways: citizens, applicants for development, and City staff, Commissioners and elected officials. .~. .-. Citizens are encouraged to use this document to better understand the City's vision for their neighborhood, their business, and the City as a whole. The Plan is formatted so goals, objectives, and action items that may be of interest are easy to find. ,-. Applicants for development can also use this document to better understand the City's vision. The intent is to provide clear expectations on the obligations --- and permissions generally described within the Comprehensive Plan; our hope is to provide a greater certainty in creating a successful project that matches the City's vision, addresses the concerns of neighboring properties, and provides the flexibility to accomplish a developer's vision as well. .-. Finally, this document will be frequently used by City staff, commissions .-. and task forces, and elected officials. It will not only be used by the Planning ^ Department in reviewing development applications, but also by other ~.,, departments in crafting their annual strategic plans and in developing and implementing their capital improvement and master plans. .~ ,..~ Implementation of the Plan will take hard work and dedication from the entire community. Hopefully, everyone finds the organization of this document to be ~ user friendly and the goals, objectives and action items representative of the community's vision. .~ .-. .~. .~. City of Meridian 2010 Comprehensive Plan -This page left intentionally blank 6 ~ City of Meridian 2010 Comprehensive Plan .-. /~` CHAPTER Chapter 2 -Community Vision ^ Meridian, has transformed from asagebrush-filled mail drop located on the ,..~ Oregon Trail in the 1880s, into one of the fastest growing cities in the state of Idaho and the western United States. Its charming history tells the story of a ~-. small town tied to its agricultural roots, while its future will depend on growing ^ industry, spurring small business development and thriving neighborhoods. ^ The following table is comprised of Goals and Objectives best represented in '1 this chapter. For associated Action Items, refer to the Implementation Plan at .- the end of this document. ,.~ Ensure that high-quality emergency care, primary, outpatient, home, and long-term care and other types of health care are provided in the community. .-. ^ Quality o~ Life and Livability ~. Quality of life can be used to express the overall well-being of individuals ^ within a community. Elements such as health, safety, land use, transportation, sewer and water service, parks and recreation, and housing are all critical to ,,~ daily life and are typically addressed in a comprehensive plan. Other elements like education opportunities, arts and entertainment opportunities, a sound '~ job market, and sustainability are also factors which can help gauge whether .~ a community is creating a thriving environment for its citizens. This Plan ^ addresses all of these elements (and more). Some of the elements addressed in this Plan are more difficult than others to describe and measure. At its heart ^ though, everything set in this document seeks to improve the health, safety, ,.~ well-being, and quality of life for existing and future residents of Meridian. .~ Quality of life generally represents the social well-being of individuals in a .~ community. Livability is another term used to express the overall relationship ,,,~ between community members and the satisfaction residents derive from their surroundings. These livability and quality of life factors can be both public "" service related and derived from the built environment. Generally, elements .-. such as security, environmental beautification, public cleanliness, social and cultural opportunities, travel, career opportunities, and natural resources contribute to the overall livability of an area. Livability is largely affected by ^ conditions in the public realm, and elements share interconnected relationships ,,.~ where they hold more value than their sum total, as an increased or declining ~-. .~. ,.. City of Meridian 2010 Comprehensive Plan 7 .~. CHAPTER value in one element can have dramatic impacts on the actual and perceived values of others. Benchmarks for measuring livability and quality of life are difficult to describe. Often places that are livable have the "it" factor. They are neighborhoods where everyone wants to be at and seen in. One could argue that Meridian's popularity indicates that many of the livability factors are present in most areas of Meridian; that most Meridian residents perceive their community as a safe, accessible, and attractive place to live. Other anecdotal evidence of success could be 2010 awards from publications such as CNN/Money Magazine, which placed Meridian at 62 in their " 100 Best Places to Live", or Family Circle Magazine which included Meridian in their "Ten Best Towns for Families" list. That being stated, there is still room to grow towards making Meridian even more livable. Constructing additional Safe Routes to School, providing affordable day care programs, encouraging youth programs, and supporting senior programs are excellent examples of ways to improve Meridian's overall quality of life. Pathways and Sidewalks. A healthy community is one that has good connectivity between residential areas and community gathering places, like schools. The Meridian School District is currently working on a master Safe Routes map that designates pedestrian routes to and from schools. The City and the School District annually partner to compile a list of high priority pedestrian projects for ACHD's Community Programs. Child Care. Accessible, affordable and quality before- and after-school child care is another necessary component of creating a healthy and livable community. A robust local system of child care and early education programs has social, economic and environmental benefits for children, families and the community as a whole. The American Planning Association (APA) advocates including child care policies within local planning. Creating policies, identifying local resources and working with developers and community partners, the City hopes to have a more proactive and positive influence on the child care programs being provided in the future. Youth Programs. The City recognizes that our youth are approximately one- third of our population but 100% of our future. As part of its commitment to its youth, the City encourages, supports, and partners with groups like the Boys & Girls Club. The City works with the Boys & Girls Club by providing monetary assistance to offset the transportation costs associated with getting kids to and from the club. Funding, provided through the City's Community Development Block Grant (CDBG) allows the club to provide this service to primarily children of low- to moderate income families. Senior Programs. Providing accessible and suitable housing options that are easily accessible to community destinations are key to allowing older adults to remain independent, active and engaged with the community. Housing for seniors that is integrated into the fabric of the community is becoming increasing important as the Baby Boom Generation enters retirement. Keeping ~ City of Meridian 2010 Comprehensive Plan ,. .~. CHAPTER ~-. our seniors active with easy access to a variety if groups, clubs, and activities ^ is vital to retaining the wealth of wisdom, knowledge, and guidance they can ,..~ provide our community. Healthy Initiatives For the purposes of defining health and implementing healthy initiatives, the .-. City looks to the Partnership for Sustainable Communities, an interagency agreement between Housing and Urban Development (HUD), U.S. Department of Transportation (DOT), and the U.S. Environmental Protection Agency (EPA), to help define what a healthy community looks like. These initiatives are a combination of the social services and the physical built aspects ^ of the community. The six principles for a healthy community include: .-. • Provide more transportation choices: Develop safe, reliable and economical transportation choices to decrease household ,-~ transportation costs, reduce dependence on foreign oil, improve air quality, reduce greenhouse gas emissions and promote public health. ,.. • Promote equitable, affordable housing: Expand location- and energy- ,,,,, efficient housing choices for people of all ages, incomes, races and ethnicities to increase mobility and lower the combined cost of housing .~. and transportation. ,-. • Enhance economic competitiveness: Improve economic r competitiveness through reliable and timely access to employment ~` centers, educational opportunities, services and other basic needs by ,~ workers as well as expanded business access to markets. '~ • Support existing communities: Target federal funding toward existing communities through such strategies as transit-oriented, mixed-use development and land recycling to increase community revitalization, improve the efficiency of public works investments, and safeguard rural landscapes. ,-. • Coordinate policies and leverage investment: Align federal policies "~ and funding to remove barriers to collaboration, leverage funding and -~ increase the accountability and effectiveness of all levels of government to plan for future growth, including making smart energy choices such as locally generated renewable energy. .~. ,,.. • Value communities and neighborhoods: Enhance the unique characteristics of all communities by investing in healthy, safe and .. walkable neighborhoods -rural, urban or suburban. .~. ,, Many of these principles align with values Meridian residents have expressed , , as important, and goals the City seeks to improve to make the Meridian more ''~ .. livable, healthy and improve overall quality of life. .-. City of Meridian 2010 Comprehensive Plan 9 -This page left intentionally blank 0 ~ City of Meridian 2010 Comprehensive Plan /"~ ., .. .••. .~ .~ .~ ... .- .~ .-. .•. .-~ .-. .-. ~•. .•. .,, .~. .-. ~•. .~. .-.. ,~~. .~. .-. r--, .-. .-. .~. CHAPTER Chapter 3 -Strategic Growth Since 1990, Meridian experienced exponential growth that has changed both its character and appearance. From 1990 to 2007, Meridian's population grew from approximately 10,000 to over 65,000. Despite some recent slowdowns in housing starts and job creation, the population of Meridian continues to increase with an estimated population of 75,290 in 2009 according to the Community Planning Association of Southwest Idaho. A population growth forecast performed by COMPASS, and analyzed in the Existing Condition Report, forecasts that the population of Meridian will increase to 138,564 by 2035, an increase of over 70% from the 2009 estimated population. The following table is comprised of Goals and Objectives best represented in this chapter. For associated Action Items, refer to the Implementation Plan at the end of this document. ,,~ • Provide facilities and public services that keep up with growth. • Ensure that land use regulations support development opportunities within the Meridian Area of City Impact. • Jointly plan and site school and subdivision developments to ensure mutual benefits and neighborhood identity. • Support multi-modal and complete street transportation improvements. • Enhance existing transportation systems. • Provide the most efficient transportation network possible. • Encourage new and alternative transportation systems to accommodate growth... • Develop and follow logical master plans for all public facilities, services and safety to guide the growth of the City. • Build services to areas of opportunity and promote future development of commercial, industrial, retail/ service and residential to best protect objectives and integrity of Meridian. • Encourage quality housing projects for all economic levels in a variety of areas. • Elevate/enhance quality of residential site and subdivision planning. • Ensure that a balance exists between supply and demand in rental market. City of Meridian 2010 Comprehensive Plan CHAPTER Jurisdiction/Demographic Area 1009 Esti mate 1035 Forecast % Change, 2008 -1035 Population HH Population HH Population HH Meridian 15,290 138,564 71.62% 71.16% Boise 215,630 346,704 35.11% 35.52% Eagle 21,310 1,341 29,911 31.42% 37.01% Kuna 15,900 5,183 43,162 166.88% Nampa 82,830 132,040 41.12% 41.45% Ada County 408,190 685,628 69.02% 66.35% Canyon County 190,920 361,021 81.44% 88.33% Regional Total 599, 110 1,046,649 14.95% 13.04% Source: COMPASS, 2000-2009 Population estimates by City Limit Boundaries. ~ Land Yse Over the last 20 years, property in and around Meridian has changed from primarily agricultural to a more diverse mix of residential, commercial, and industrial uses. That trend is likely to continue as land traditionally used for agriculture, continues to be developed to support the needs of an ever- growing community. Today, the City of Meridian has over 17,000 acres within its municipal boundaries and-at full build out-is anticipated to incorporate approximately 39,000 acres within its Area of City Impact. Area of City Impact In accord with § 67-6526 of Idaho Code, an Area of City Impact (AOCI) has been established for Meridian. The City's AOCI is the future planning area for the City, where annexation and development within the future municipal boundary of Meridian is anticipated. Although these areas are not yet incorporated, planning responsibilities for these lands rest with the City of Meridian while zoning and land use authority is maintained by Ada County. There is an agreement between Ada County and Meridian for the Area of City Impact. This agreement states that the current Meridian Comprehensive Plan will apply within the City's established AOCI. Within the AOCI, the county has generally applied a Rural Urban Transition (RUT) zone which permits five-acre- lot, single-family residential development, as well as agricultural-related uses and a range of conditional uses. County development applications within the Area of City Impact are reviewed by the City of Meridian for compliance with the comprehensive plan and applicable City policies. The City of Meridian desires all development within its Area of City Impact to be served with urban services from the City of Meridian. Such services primarily include sanitary sewer, water, reclaimed water, fire, police, and parks. Secondarily, the City will consider the availability and capacity of the .-. 2 ~ City of Meridian 2010 Comprehensive Plan .-. .- r"~ ^, .-. .-. .-. .~, ~.. .. ,.~ .-. ,-. .~ .-. .~ .-. ^., ,-. ,-. ,-, .-. .., ,•~ .~. .. .-. ~•, .-. .-. ^-. ,~. CHAPTER FUTURE LAND USES WITHIN TABLE 3-2 THE CITY OF MERIDIAN AREA OF CITY I MPACT . Future land Uses FLUM Total FIUM U ndeaeloped Acres Acres 15 58 Residential 23,618.21 60.15 13,044.01 . Commercial 1,495.99 3.81 134.60 0.61 Office 411.34 1.06 68.14 0.31 Industrial 591.31 1.52 10.61 0.05 Old Town 336.42 0.86 0.12 0.00 Mixed Use 4,165.81 10.61 2,021.91 9.13 Civic 1,395.34 3.55 390.29 1.16 Ten Mile Interchange Specific 2,314.50 6.05 1,616.51 1.55 Future Planning/Referral 4,863.85 12.39 4,851.21 21.85 TOTAL 39,264.88 100 22,204.18 100 Source: City of Meridian Planning Department, 20 10. school system, transportation facilities, libraries, and storm water facilities in any review of development within the Area of City Impact. All requests for annexation into the City limits will require that the owner extend City-owned services at the time of development. However, we recognize that some development may precede the ability of the City, on its own, to extend services for such development. Upon formal requests to the City for development that is on property not immediately serviceable with urban services, the City Council may consider said applications at a noticed meeting to determine if the proposed level of development is appropriate and in the best interests of the City. Ada County will issue no building permit for said development(s) unless or until the applicant for such building permit provides documentation that park impact fees required by the City of Meridian have been collected or waived by the City of Meridian. The City recognizes that some development may precede our ability to annex the property. Developments within the AOCI but outside City limits will only be considered if the following standards and conditions are agreed to by the developer(s): • The development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. • An irrevocable consent to annexation is a condition of hook-up to City sanitary sewer or water, is made a deed restriction on all buildable lots, and is placed as a note on all final plats. • All City sewer and water inspection and plan review fees (for the main lines) in effect at the time of development are paid to the City of Meridian. City of Meridian 2010 Comprehensive Plan 13 CHAPTER The City of Meridian is committed to fulfilling the terms of its Area of City Impact Agreement with Ada County as well as similar agreements with neighboring cities including Eagle, Kuna, Star, and Boise. We also note the City's intent to continue working with surrounding cities on Area of City Impact expansions. The Future Land Use Map ~ Land Use is a key component of the Comprehensive Plan, as is mapping future land uses so that development occurs in the direction and manner most desired by Meridian's citizens and elected officials. The Future Land Use Map (PLUM), see Appendix E, identifies the vision for a mix of land uses to implement the City's many diverse goals and objectives, and works in conjunction with the text of the Comprehensive Plan, City code and the various policies of the City. However, the PLUM is not a zoning map and differs in that the PLUM describes the character and type of use that is desired in the future and not necessarily what is currently in place. The PLUM also depicts schools, parks, fire stations and other existing civic uses. The PLUM depicts a built-out Meridian that is very diverse in residential densities, commercial and industrial land uses as well as civic/public opportunities. Land use recommendations as set forth in this plan emphasize the importance of thoughtful and responsible land use planning, cooperation and collaboration among the various jurisdictions and agencies in the area, and preservation and enhancements of the high quality of life that currently exists in Meridian. Below are descriptions of the various future land use designations that appear on the PLUM. Residential. The purpose of this designation is to provide a variety of housing types. Uses will include a range of densities varying from large estate lots to multi-family homes. Residential designations are as follows: Low Density: to allow for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at densities of three dwelling units or less per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. • Medium Density: to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. • Medium High Density: to allow for the development of a mix of relatively dense residential housing types including townhouses, row houses, condominiums and apartments. Residential densities should range from eight to fifteen dwelling units per acre, with a target 4 ~ City of Meridian 2010 Comprehensive Plan ~-, .-, CHAPTER ^ density of twelve units per acre. These are relatively compact areas ~ within the context of larger neighborhoods and are typically located ,^ around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments '~ should incorporate high quality architectural design and materials and ~--~ thoughtful site design that incorporate connectivity with adjacent uses ,~ and area pathways, attractive landscaping and individual project identity. ^ . High Density: to allow for the development of multi-family homes in ,.., areas where urban services are provided. Residential densities may exceed fifteen dwelling units per acre. Development might include ^ duplexes, apartment buildings, townhouses, and other multi-unit ^ structures. A desirable project would consider the placement of ,.., parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments should incorporate ^ high quality architectural design and materials and thoughtful site design ~ that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. ^ Within residential areas the following policies shall apply: .-. • At the discretion of City Council, areas with a Residential ^ Comprehensive Plan designation may request an office use if the property only has frontage on an arterial street or section line road and is three acres or less in size. In this instance, no ancillary commercial uses shall be permitted. ,, ,~ • In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However, the .~ density can only be changed one "step" (i.e., from low to medium, not ^ low to high, etc.). This provision does not apply to I) the area bounded ,.~ by Can-Ada, Chinden, McDermott, and Ustick Roads or 2) within the Ten Mile Interchange Specific Area Plan. ,-. .. • Residential uses north of Chinden Boulevard and within '/4 mile or less from the rim should have lot sizes ranging from one-half to one acre, ^ ensuring compatibility with SpurWing Country Club to the east. Use of '~ transitional lot sizes and clustering of smaller lots adjacent to the non- ,.. residential and rim property are encouraged. ^ Commercial. This designation will provide a full range of commercial and retail ^ to serve area residents and visitors. Uses may include retail, wholesale, service ^ and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be ''~ created to focus commercial activities unique to their locations. These zones .~ may include neighborhood commercial uses focusing on specialized service for ^ residential areas adjacent to that zone. ^ Office. This designation will provide opportunities for low-impact business ,,., areas. These would include offices, technology and resource centers; ancillary ... .. City of Meridian 2010 Comprehensive Plan 15 ~-. CHAPTER commercial uses may be considered (particularly within research and development centers or technological parks). Industrial. This designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouses, storage units, light manufacturing, and incidental retail and offices uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, screening, landscaping, and adequate access should be provided. Old Town. This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Public investment that ensures that Old Town becomes a centralized activity center, with public, cultural, and recreational structures are encouraged, and the City's decision to build the new City Hall in Old Town is testament to its commitment to the area. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Development chapter for more information on Destination Downtown. Mixed Use. In general, the purpose of this designation is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible services for residents and the workers. The uses can be mixed vertically, such as a building with retail on the ground floor and offices above, or horizontally, such as a healthcare center with a mix of doctor offices, pharmacy, beauty salon, assisted care facilities, and apartments. Mixed use areas tend to have higher floor area ratios (less area devoted to parking), open space, and interconnected vehicular and pedestrian networks. A Mixed Use designation is typically used to identify a key area within the City which is either infill in nature or situated in a highly visible or transitioning area where innovative and flexible designs are encouraged. The intent of this designation is to promote developments that offer functional and physical integration of land uses while allowing developers a greater degree of design and use flexibility. Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed Use designation. There are five sub-categories of the Mixed Use designation that are used throughout the City: Neighborhood, Community, Regional, Interchange, .~. 6 I City of Meridian 2010 Comprehensive Plan ,-. ~-. CHAPTER .- and Non-Residential. This section further describes the purpose, intent and ^ development standards for these sub-categories. In addition, there are three ^ sub-categories of the Mixed Use designation that are solely used in the Ten , Mile Interchange Specific Area: Commercial, Residential and Lifestyle Center. .~ The sub-category definitions of Mixed Use in the Ten Mile Interchange Specific ^ Area are different than those in this document and are not subject to this section. For detailed descriptions of the land use designations in the Ten Mile ^ area, go directly to the Ten Mile Interchange Specific Area Plan. .~. ~. For the purposes of the Mixed Use section, the City identifies five different land use types: I) commercial [includes retail, restaurants, etc.]; 2) office; 3) ^ residential; 4) civic [includes public open space, parks, entertainment venues, ^ etc.]; and, 5) industrial. All development in Mixed Use areas fall within one of ..~ these five categories. Industrial uses are typically discouraged in residential , mixed use areas. However, some industrial uses may be compatible and ^ appropriate in Mixed Use -Regional (MU-R), Mixed Use Non Residential (MU- ~^ NR) and Mixed Use Interchange (MU-I) areas. The onus is on the developer to ,,,~ demonstrate the appropriateness of industrial uses, if they are proposed as part .-. of a Mixed Use development. .~ In reviewing development applications, the following standards will serve as general guidelines in all Mixed Use areas: .-. ,_ • Residential densities should be a minimum of six dwellings/acre. ^ • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the ,.. potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH- I b or SH-69. .. ~- • A conceptual site plan for the entire mixed use area is required. ^ • In developments where multiple commercial and/or office buildings are ^ proposed (not residential), the buildings should be arranged to create ,,.. some form of common, usable area, such as a plaza or green space. ,. • A transitional use and/or landscaped buffering is required between .-~ commercial and existing low- or medium-density residential ^ development. ^ • A mixed use project should include at least three types of land uses. ^ Exceptions may be granted for smaller sites on a case-by-case basis. ,-, • Community-serving facilities such as hospitals, churches, schools, parks, .- daycares, civic buildings, or public safety facilities are expected in larger ^ mixed use developments. ^ • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering .~. .~. ^, Ciq of Meridian 2010 Comprehensive Plan 17 areas, open space, libraries, and schools are required. Outdoor seating areas at restaurants do not count towards this requirement. • All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. ~ Because of the existing small lots within Old Town, development is not subject to the Mixed Use standards listed herein. Mixed Use Neighborhood (MU-N). The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single- use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non- residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately one mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined, narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3- I . Single Family Residential Apartments, Four-plexs or Duplexes Office or Service Use Office or Retail Use Collector Road In reviewing development applications, the following standards will serve as general guidelines in MU-N areas: $ ~ City of Meridian 2010 Comprehensive Plan ^ CHAPTER .. • Development should comply with the general guidelines for .~. development in all Mixed Use areas. v. • Residential uses should comprise a minimum of 40% of the development area at densities ranging from six to 12 units/acre. • Non-residential buildings should be proportional to and blend in with ~-. residential buildings. • Unless a structure contains a mix of both residential and office, or ~ residential and commercial land uses, maximum building size should be '"' limited to a 20,000 square-foot building footprint. For the development -- of public school sites, the maximum building size does not apply. ,-. • Supportive and proportional public and/or quasi-public spaces and ^ places such as parks, plazas, outdoor gathering areas, open space, ,.,, libraries, and schools should comprise a minimum of 10% of the development area. Outdoor seating areas at restaurants do not count .-. towards this requirement. ^ Where the development proposes public and quasi-public uses to ^ support the development above the minimum 10%, the developer may ^ be eligible for additional residential densities and/or an increase to the ,.., maximum building footprint. .-. Sample uses appropriate in MU-N areas would include: townhouses, multi- ^ family developments, neighborhood grocer, drug stores, coffee/sandwich/ ,,~ ice-cream shops, vertically integrated buildings, live-work spaces, dry cleaner/ laundromat, salons/spas, daycares, neighborhood-scale professional offices, '" medical/dental clinics, gift shops, schools, parks, churches, clubhouses, public ~. uses, and other appropriate neighborhood-scale uses. Appropriate zoning districts include: TN-R, TN-C, L-O and R- 15. .-. '"~ In certain MU-N areas there is a Neighborhood Center (N.C.) overlay ,,,~ designation. In these areas the City seeks to create a centralized, pedestrian- oriented, identifiable and day-to-day, service-oriented focal point for ^ neighborhood scale development. Like other designations, the N.C. areas ^ shown on the Future Land Use Map are conceptual only and intended to ,, identify a maximum walking distance from the core of the neighborhood , ~ center of I/4 mile. Neighborhood Centers that straddle or are centered on '~ one or more principal or minor arterials should adhere to a similar design .. and recognize access control measures as established by the Ada County - Highway District and City Code. Neighborhood Centers should serve as . . public transit locations for future park-and-ride lots, bus stops, shuttle bus ^ stops and/or other alternative modes of transportation. Neighborhood Center ,., developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure 3-2. The grid street pattern within .•, the neighborhood allows traffic to disperse, eases congestion, slows traffic, and is safer for residents. ... ,.~~ City of Meridian 2010 Comprehensive Plan 19 CHAPTER Townhouses, Condos or Apartments Residential or Office ~'-, ~D-r~iplQ~,b t ugl: Family ~rt'~ential Open Space Transit Stop Office or Service Use I "J L... - ..~t'~3--: Arterial Road Commercial/ Retail Core In addition to the general standards for the MU-N designation, the following standards will be used in reviewing development applications in all MU-N areas with an N.C. overlay: • Four specific design elements should be incorporated into a Neighborhood Center development: a) street connectivity, b) open space, c) pathways, and d) residential density that is eight dwelling units per acre or more. • Most blocks should be no more than 500' to 600', similar to Old Town or Heritage Commons; larger blocks are allowed along arterial streets. • Reduced travel lane widths are encouraged. • The design should provide an interconnected circulation pattern that is convenient for automobiles, pedestrians, and transit. • The centers should offer an internal circulation system that connects with adjacent neighborhoods and regional pathways, connecting to and integrated with the larger street and pathway system. • Developments should provide neighborhood accessible commercial services that do not force residents onto arterial streets. • Developments should provide a variety of housing choices and types. • Housing within developments should be arranged in a radiating pattern of lessening densities from the core. 20 ~ City of Meridian 2010 Comprehensive Plan • Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types. 0 .~ Q Mixed Use Community (MU-C). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use-Neighborhood areas, but not as large as in Mixed Use -Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to three or four miles), Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3-3. In reviewing development applications, the following standards will serve as general guidelines in MU-C areas: • Development should comply with the general guidelines for development in all Mixed Use areas. • All developments should have a mix of at least three land use types. • Residential uses should comprise a minimum of 20% of the development area at densities ranging from six to 15 units/acre. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. I I i ii ( ~ ~ Apartments, ~__~ ~ ~. Four-plexes mac, aC~y ~ ~o o C? ~ r,~o 1v -~ ~ o or Duplexes __ ~? C1~2.Q5,1'~°Q~~ ~oC3~o~'~ Local or Collector Road Arterial Road CHAPTER Single Family Residential Office, Day-care or Service Use Retail Use City of Meridian 2010 Comprehensive Plan 2 ~ CHAPTER • Vertically integrated structures are encouraged. ... .~. •~. ^ Unless a structure contains a mix of both residential and office, or ^ residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community ~' grocery stores, the maximum building size should be limited to a 60,000 square-foot building footprint. For the development of public school sites, the maximum building size does not apply. ~. • Supportive and proportional public and/or quasi-public spaces and ,..~ places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of ^ 5% of the development area are required. Outdoor seating areas at ^ restaurants do not count towards this requirement. Where the development proposes public and quasi-public uses to '1 support the development above the minimum 5%, the developer may .. be eligible for additional residential densities and/or an increase to the .-. maximum building footprint. .-. Sample uses appropriate in MU-C areas would include: All MU-N categories, ,~ community grocer, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and retail shops, .-. and other appropriate community-serving uses. Appropriate zoning districts in --~. the MU-C include: TN-R, TN-C, C-C, L-O, R- 15 and R-40. ,~ In certain MU-C areas there is a Neighborhood Center (N.C.) overlay ^ designated. In these areas the City seeks a centralized, pedestrian-oriented, ,~ identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Like other designations, the N.C. areas shown on the Future .-. Land Use Map are conceptual only and intended to identify a maximum walking -^~ distance from the core of the neighborhood center of I/4 mile. Neighborhood ,,,~ Centers that straddle or are centered on one or more principal or minor arterials should adhere to a similar design and recognize access control '~ measures as established by the Ada County Highway District and City Code. Neighborhood Centers should serve as public transit locations for future ,_ park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation. Neighborhood Center developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in .. Figure 3-4. The grid street pattern within the neighborhood allows traffic to .~. disperse, eases congestion, slows traffic, and is safer for residents. .~. In addition to the general standards for the MU-C designation, the following ,•. standards will be used in reviewing development applications in all MU-C areas with an N.C. overlay: .. • Four specific design elements should be incorporated into a .-. Neighborhood Center development: a) street connectivity, b) open space, c) pathways, and d) residential density that is eight dwelling units per acre or more. .-. 22 ~ City of Meridian 2010 Comprehensive Plan C~HAPT FR i I i I 1 I I 1 ' ~ I ( ~ ---T . i:::-}-r- o~ ' ~`-. ~ ~ - ~= Single Family Residential Townhouses, _ (~- '. Trn- i = ~__,-f_; -~~ j~ } T:-~ I' -. I Condos or I I Q~t~1 l_~a ~ d ~~_~~~1_: I l ~i ~_ Apartments local or Collector Road Open o; o (r~ ~- ~ o .~ ~ o ~,~ o ~,~? • odd o o-v7 Space ' a~ ~ Residential ~°il a ~iI 1. or Office ~__~.I _ ~: ` `'~~ ~_---1~ ---- ~r~~1 - ~ __-~.,~ zra~~„~ - ---- Transit i ~~o:~,~,~-=fl,; -*s-~m ~s~~~r __ f---- Stop ~,- T 7 ~ p' '{ ---~ ~~, Office or --1 ~ -°Q 9° f"I -`u'-' j~~ l~~ Commercial/ Service Use ~ ~, r-----= r~ ~ -=~ r---- Retail Core ~ 1 T T T r ~~ V o J:2-w~ `i Y~...:.`9-~~~~_ r ~L~ Pri S!_~~ib~.t ~~ a 6~ +~~:_j _ Arterial Road • Most blocks should be no more than 500' to 600', similar to Old Town and Heritage Commons; larger blocks are allowed along arterial streets. • Reduced travel lane widths are encouraged. • The design should provide an interconnected circulation pattern that is convenient for automobiles, pedestrians, and transit. • The centers should offer an internal circulation system that connects with adjacent neighborhoods and regional pathways, connecting to and integrated with the larger street and pathway system. • Developments should provide neighborhood accessible commercial services that do not force residents onto arterial streets. • Developments should provide a variety of housing choices and types. • Housing within developments should be arranged in a radiating pattern of lessening densities from the core. • Alleys and roadways should be used to transition from dissimilar land uses, or residential densities. Mixed Use Regional (MU-R). The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, City of Meridian 2010 Comprehensive Plan 23 CHAPTER Single Family Residential Office or Hospitality ~ ~ ~ ~ ~ ~ I i Residential or Office Retail or Service Use II I~I TT_ ~7~~ ~~['~ _- -- Arterial Road including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5. In reviewing development applications, the following standards will serve as general guidelines in MU-R areas: • Development should generally comply with the general guidelines for development in all Mixed Use areas. • Residential uses should comprise a minimum of 10% of the development area at densities ranging from six to 40 units/acre. • Retail commercial uses should comprise a maximum of 50% of the development area. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. 24 ~ City of Meridian 2010 Comprehensive Plan .. CHAPTER Where the development proposes public and quasi-public uses to support :. the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%)> based on the ratios below: ,:. -: • For land that is designated for a public use, such as a library or school, :~ the developer is eligible fora 2: I bonus. That is to say, if there is a five- acre library site, the project would be eligible for ten additional acres "' of retail development. • For active open space or passive recreation areas, such as a park, .-. tot-lot or playfield, the developer is eligible fora 2:1 bonus. That is to say, if the park is 10 acres in area, the site would be eligible for 20 ;~ additional acres of retail development. "~ For plazas that are integrated into a retail project, the developer should %~ be eligible fora 6:1 bonus. Such plazas should provide a focal point (such as a fountain, statue, and water feature), seating areas, and some weather ~. protection. That would mean that by providing ahalf-acre plaza, the developer would be eligible for three additional acres of retail development. ~ Sample uses, appropriate in MU-C areas would include: All MU-N and MU-C _ categories, entertainment uses, major employment centers, clean industry, and other appropriate regional-serving uses. Appropriate zoning districts include: TN-C, C-G, R- 15 and R-40. " Mixed Use Non-Residential (MU-NR). The purpose of this designation is to ;. set-aside areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses .. in these areas. For example, MU-NR areas are used near the City's waste ~°^ water treatment plant and where there are mining, heavy industrial or other ,;; hazardous operations. The City envisions a wide variety of non-residential _ land uses may occur in MU-NR areas. Employment opportunities, professional '~ offices, warehousing, flex buildings, and storage uses as well as retail uses are envisioned. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted in Figure 3-6. °` In reviewing development applications, the following standards will serve as general guidelines in MU-NR areas: ~' • No new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures). • Development is not required to comply with the general guidelines for -- development in all Mixed Use areas. • All developments should have a mix of at least two types of land uses. Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged. 25 City of Meridian 2010 Comprehensive Plan CHAPTER Light Manufacturing_ orWarehousing _.. ~. Single Family ~_. Residential Office or - Service Use -3~~-~~p~°E~~b'• ;;- a ~~~a;3T ~;~ , ;gyp Office, Light I I ~ ~ I Distribution or Service Uses r~~~~~ I'~ n ry v~-n O ~~7~~.y O - I~ G, ~-i J h-- - i i G~ Iii Existing Industrial Use Retail Infill • In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. • A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. • Community facilities such as a hospital, school, park, daycare, civic building or public safety facilities are encouraged in larger developments. • All retail and service commercial components of projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. • Street sections consistent with the Ada County Highway District Master Street Map are required. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants, industry or warehouse uses. Sample uses, appropriate in MU-NR areas would include: employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate non-residential uses. Appropriate zoning districts include: C-G, C-C, L-O, I-Land I-H. 26 ~ City of Meridian 2010 Comprehensive Plan .~. ~. CHAPTER ^ Mixed Use Interchange (MU-I). The purpose of this designation is to call-out ^ areas where construction of future SH-16 interchanges is likely to occur, and ^ to acknowledge that this land will have a high degree of visibility. These areas will be served by highway interchange ramps and restricted local access. There .~. are three interchange areas located at US 20-26, Ustick Road, and Franklin ^ Road, that differ from the other Mixed Use categories in that a much stronger ~,,,, emphasis will be placed upon gateway elements and traffic flow/trip generation factors when reviewing new land use applications. Uses in these areas will need ^ to be compatible with the impacts of a freeway interchange. However, these .~ areas are not intended for high volume retail or uses that are better suited in neighborhood centers or commercial areas. The intention is to protect the immediate vicinity of the interchange from traffic conflicts and shift the high traffic-generating uses away from the immediate vicinity of the interchange. .• In reviewing development applications, the following standards will serve as '~ general guidelines in MU-I areas: .~.. • Land uses within the MU-I areas and adjacent to the SH-16 corridor .-. should be carefully examined for their potential impacts on existing and ^ designated neighborhood centers and commercial activity areas. .~ • A traffic impact study may be required for larger developments in '~ these areas. ~-. • Vehicular access points should be prohibited near interchange ramps. ^ Future uses should be planned to integrate with afrontage/backage road type circulation system. .-. • Any new development at or near MU-I areas should promote a nodal ,-. development pattern where buildings are clustered, off-street parking .~ is screened in the rear of the parcel and, where practical, development is inter-connected with adjoining parcels. ^ ^ • The SH- 16/US 20-26 interchange will be one of only two regional ,,.~ gateways to the City of Meridian for travelers coming from north of the Boise River (the other being Linder Road). As such, buildings, ~' landscaping, and other design features at this interchange need to -~ reflect Meridian's heritage, quality, and character. ^ • Design of the SH- 16/US 20-26 interchange and the adjoining land uses ^ must give special consideration to the more scenic and environmentally ~. sensitive area on the north side of US 20-26. The more intensive land uses should be sited on the south side of US 20-26. .-. ^ • Regional ridesharing, park-and-ride and transit transfer facilities are ,,,,~ strongly encouraged within the SH-16/US 20-26 MU-I area. ^ • The MU-I area at Ustick Road, west of SH-16, should minimize retail .. and auto-oriented services and transition rapidly from the interchange to the more rural, low density character intended along the county .•. City of Meridian 2010 Comprehensive Plan 27 .-. .-. ER line. Examples of uses include middle or high schools, post office or library branches, office uses, row house/patio home developments, athletic clubs, etc. The following types of appropriate uses and themes are envisioned at the three interchange locations along SH- 16: US 20-26: Commuter Services, Technology/Research, Business Park ~ Ustick Road: Educational, Civic, Light Retail, Residential Ten Mile Interchange Specific Area. The City developed a specific plan for approximately 2,800 acres bordered (roughly) by Linder Road to the east; McDermott Road to the west: the Union Pacific Railroad line to the north and '/2 mile south of Overland Road on the south. The specific area plan is an addendum to this Comprehensive Plan and places an emphasis on a mix of uses, both residential and commercial; new employment areas; higher density residential; a planned collector road network and design guidelines. It is important to note that the Ten Mile Interchange Specific Area Plan uses different land use designations than the rest of the FLUM. While there is some similarities in land use designations, for example Low Density Residential, there are also new designations which do not exist outside of this Ten Mile area. The TMISAP was adopted as an addendum to the City of Meridian Comprehensive Plan on June 19th, 2007 by Resolutions Numbers 07-563 (Map) and 07-564 (Text). Development in the Ten Mile Interchange area will be reviewed using the TMISAP. See the Economic Development chapter and the Ten Mile Interchange Specific Area Plan for more details of this area. Civic. The purpose of this designation is to preserve and protect existing and planned municipal, state, and federal lands for area residents and visitors. This category includes public lands, law enforcement facilities, post offices, fire stations, cemeteries, public utility sites (excluding ACHD), public parks, public schools, and other government owned sites within the Area of City Impact. Parks. The purpose of this designation is to preserve and protect existing municipal, county, state, and federal land for area residents and visitors and to designate future park locations. These areas include existing and future public neighborhood, community, and urban parks. The park locations designated on the Future Land Use Map are the most current and should be used for planning purposes. These areas are further described in the Services Chapter. Schools. The purpose of this designation is to provide areas throughout the Area of City Impact which provide educational opportunities, community gathering places, and green space. These areas are further described in the Services Chapter. Fire Stations. The purpose of this designation is to preserve and protect existing and planned fire station locations throughout the Area of City Impact which provide efficient emergency response. 28 ~ City of Meridian 2010 Comprehensive Plan ^ ~. CHAPTER .-.. Entryway Corridors. The City feels it is important to identify roadways that ~ introduce and welcome both visitors and residents to the City of Meridian. ,,,~ These roadways are notes as entryway corridors on the FLUM and are subject to additional standards within the Unified Development Code. .. Future Planning and Referral Area. This designation is used to preserve areas where additional study and planning needs to occur before future land uses are designated and City services provided. These areas are within Meridian's Area of City Impact and are subject to the Area of City Impact Agreement with Ada ^, County. '~ Transit Stations and Transit Friendly Development. The Transit Station ,-. designation is used for areas where transit supported uses are envisioned ,,,, along the railroad corridor. The City seeks projects that incorporate features which enhance alternative transportation and are transit friendly in these and "' other locations in the City. Said developments are envisioned within designated .-. neighborhood centers and/or within commercial activity centers and should incorporate the following development and design principles: ,.. ~ • A mix of land uses ~ • Building orientation that provides the maximum level of services to ~ pedestrians, bicyclists and transit users • Alternative transit features such as a bus shelter (where approved by Valley ~-• Regional Transit), bicycle locker facilities, park and ride lots or similar facilities .-~. • Residential densities that are at least 8 dwelling units per acre and designed ^ to comply with the Traditional Neighborhood design standards in the Unified Development Code .~. • Park and ride lots and other transit-supportive facilities are encouraged at interchanges throughout the City. Valley Regional Transit and Ada County ~-, Highway District Commuteride should be partners in determining appropriate ~• facilities at each interchange .. Symbols. All "future" symbols shown on the Future Land Use Map, such as parks, schools, fire stations, transit stations, etc., represent generalized ,,., locations based on the best information the City has to date. All such symbols are to be considered conceptual and are allowed to "float" on the map. All .~. "existing" symbols shown on the Future Land Use Map for parks, schools, fire stations, etc. represent precise locations based on the facilities in place at the ,~ time of printing. Community pesi9n .. Implementing the land uses shown on the Future Land Use Map is not just .~. about getting specific uses in planned locations. It is also about the relationships ^ between land uses and good design principles. The City continues to upgrade ,,,~ community design standards for landscaping, site design and signs through the adoption of updated ordinance criteria that ensure development occurs .^ .~. City of Meridian 2010 Comprehensive Plan 29 ... CHAPTER in a compatible, attractive manner. The City adopted a Design Manual by Resolution Number 09-647 on January 27~h, 2009 as an addendum to the City's Comprehensive Plan. The Design Manual includes guidelines and a Citywide design review process that encourages the aesthetic development of the physical and built environment and results in an attractive, livable community. Community design goals and objectives focus on protecting and improving the unique elements of the natural and built environment that contribute value to living and working in the City of Meridian. The inherent goal of community design is to improve on the livability and quality of life for not only current, but also future generations of Meridian residents. For the purpose of this document, community design includes analysis primarily on design review. However, community design ties back in with sustainability, livability, healthy initiatives, as well as other elements of this plan. Housing "Opportunities for housing should be available for all income groups with a mix of housing including modular, ranchettes, townhouses, apartment housing, low-income housing, and mansions. A vibrant community needs a good cross-section of housing and therefore must guard against an abundance of subdivisions in like density and price range. High-density housing must be strategically located to public transportation, community services, and not negatively affect property values." This statement was first penned by the Mayor's Transition Team ad hoc committee on housing in 2002, but it philosophy still holds true. At just under three units per gross acre, Meridian's population is distributed throughout the community primarily in suburban-style developments comprised of mostly single-family, detached housing units. Going forward, the City does not envision a drastic change in the housing stock. However, the City realizes that the baby boomer generation is aging and there is an increased demand in non single-family detached dwellings from the 55-plus age population group. This coupled with the fact that more young adults are not having children and do not want large homes on large lots, necessitates providing more diversity in housing choices. TABLE 3-3. MERIDIAN HOUSIN G UNITS BY TYPE Housing Type 1990 1000 1009 Humber % Total Number % Total Number % Total Single Family 2,505 64.6% 10,464 85.3% 23,219 88.0% Multi-Family 1,315 35.4% 1,800 14.1% 3,113 12.0% TOTAL 3,880 100.0% 12,264 100.0% 26,452 Source: U.S. Census Bureau, Census 1990; Census 2000; COMPASS, Building Permit Data .~. 30 I City of Meridian 2010 Comprehensive Plan CHAPTER *ransportation ,~ ,.,~ The condition of an area's transportation system impacts that community's way of life and economic vitality. Realizing this, the City works closely with the '^ transportation and planning agencies in the region to ensure our transportation .~ network is the best it can be. Because Meridian does not have roadway ,,,, authority of its own, however, the City coordinates with other agencies during the planning and design phases to ensure that projects meet the needs of its '^ citizens. ,.. Meridian's major challenge is to work with the transportation agencies in the .^ region to meet the existing needs for adequate transportation service, while planning for and accommodating future growth as efficiently as possible. The ,.., 2035 Trend Summary prepared by COMPASS estimates that traffic volumes in the region are likely to grow by 85%. With such dramatic growth, poor '~ planning may not only lead to worsening traffic problems, but may also .~ have negative impacts on the health and well being of citizens. Increased ,^ traffic congestion may deter potential employers from locating in Meridian. Therefore, the City works closely with ITD and the State's Transportation '" Improvement Plan and COMPASS' long-range transportation plan Communities .-~ in Motion, to make sure our resident's transportation needs are being met. ,.. In addition to planning for future transportation needs, much of the roadway infrastructure already developed will require funding for maintenance, rehabilitation, and expansion. ~-. Beyond supporting traditional vehicle use, the City continues to maintain .~ and promote alternative methods of transportation in Meridian as well. .-. From pedestrian sidewalks and regional multi-modal pathways to public ,,,,~ transportation studies and planning efforts, the City recognizes that supporting diversity helps to not only promote a healthier, happier community, but ''~ reduces over-use of our roadways by single occupancy vehicles. Examples .e of public transportation, existing and future potential include; bus routes, .-. paratransit, vanpool, and light rail systems, not just within Meridian, but the region as a whole. Through cooperation with regional partners, Meridian is planning for the future by supporting and promoting developments that provide ,.~ transportation options for everyone. .-. Transportation and Land Use Integration .-. .. To better connect transportation planning and land use decisions, ACHD and the cities in Ada County have compiled the Transportation and Land Use Integration Plan (TLIP). This plan envisions livable streets for tomorrow and depicts how streets should look and function in the future. The goal is ,.., to create a roadway network that balances the needs of all roadway users- motorists, pedestrians, cyclists, transit and people with disabilities, with streets that complement the built environment. Because aone-size-fits-all program for roadway construction does not respond to either the land use ,.~ or transportation needs of the community, the City and ACHD have agreed to work more closely together to join together the land use plans of the City ~-. ... City of Meridian 2010 Comprehensive Plan 31 .~. .~. CHAPTER with the transportation plans of the ACRD. There are four tools that ACHD and the City use to implement TLIP: the Complete Streets Policy, the Livable Streets Design Guide, a Cost Share Policy, and a Master Street Map. As part of the adoption of this plan, the City hereby incorporates ACHD's Complete Streets Policy, the Livable Streets Design Guide and the Master Street Map. These documents will all be used by the City when reviewing development applications and plans for new roadway projects. Blueprint for Good Growth TLIP was an outgrowth of Blueprint for Good Growth (BGG), which is aimed at addressing the best methods to manage growth for a sustainable future in Ada County. Through the Blueprint for Good Growth and Communities in Motion (CIM) long-range planning efforts, the public has stated a desire for better design of roadways and increased coordination with adjacent land uses. People have expressed preferences for roads that fit well and complement the built environment. In 2005 the Meridian City Council adopted Resolution Number 05-473 which recognizes that it is critical for the agencies in Ada County to work together to develop and create a sensible land use and transportation plan for the area. Communities in Motion (CIM) Communities in Motion (CIM) is the region's long-range transportation plan. But CIM is more than just a transportation plan. The intent of CIM is to integrate land use and transportation planning. As such, it is intended to provide for an effective multimodal outcome, with land use patterns that support and encourage transportation alternatives. The regional long-range transportation plan for Ada and Canyon Counties, Communities in Motion 2035, was adopted by the COMPASS Board in September 2010. Alternative Transportation The City works with transportation providers in the area to improve access to employment opportunities, medical appointments, recreational activities, and education. But improving transportation is not all about drivers. Local partnerships provide opportunities to create connections for non-drivers like youth, the elderly, and the disabled. Valley Regional Transit (VRT) is the regional public transportation authority for Ada and Canyon counties. VRT is responsible for coordinating transit service and implementing a regional public transportation system. VRT operates the bus service in this area under the name ValleyRide. VRT works in close coordination with ITD, COMPASS and other regional partners to plan for preservation and enhancements to the public transportation system in the two- county area. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. In 2007, Meridian City .., 32 ~ City of Meridian 2010 Comprehensive Plan .-. i"~ /- ~. .-~ n i-. /'"1 /1 /\ /~ ~~ /~ ~-• .-~ .-~ .~, .~ ... .~. ,.~ .-. CHAPTER City of Meridian 2010 Comprehensive Plan i i 1 1 f`r . ~ i ,._~ 33 CHAPTER Council adopted the Meridian Pathways Master Plan. The plan proposes the development of a pathway network that identifies a core system of pathways based on the existing canal system within the City of Meridian. This core system of pathways is enhanced by the developer-implemented pathways that will provide connections to and through many residential areas while creating a larger Citywide loop. This system gives community members a wide variety of pathway options throughout the City and to other parts of the metropolitan region. The adopted network map is included as Figure 3-7. Please refer to the Meridian Pathways Master Plan for specific alignments, pathway types, design specifications, detailed network descriptions, etc. The ACHD has adopted a plan that seeks to create and connect bicycle lanes throughout Ada County. The over-arching goal of the Roadways to Bikeways Bicycle Master Plan is to create a bicycle network that provides a designated bicycle facility within aquarter-mile from 95 percent of the residents in the County. The City, as part of development review and ACRD roadway projects, will look to expand bicycle opportunities throughout the City. On the statewide level, I-way is a service network that connects people in Idaho to a mix of transportation options. I-way provides people in Idaho the ability to choose from a variety of connected, convenient and cost-effective transportation options-including park and rides, car and van pools, bike and walking paths, shuttles, and improved public transportation options. I-way represents a shift in the design and management of mobility options in Idaho. To meet changing future needs, this new vision focuses on the needs of people, rather than transportation modes and reorganizes the way mobility strategies are developed. The City is an active participant in I-way. Downtown Transportation Network The City envisions amulti-modal transportation network downtown. Through the use of roadways, pathways, sidewalks, bike lanes, busses and the rail corridor, getting to and through downtown should get even easier in the near future. There are several plans and studies that evaluate where and how various opportunities for access to downtown can, and should be provided. The Downtown Meridian Transportation Management Plan was developed by ACHD with insight provided by the City to propose solutions to circulation- related challenges in downtown Meridian. The result of the jointly-initiated planning process was the emergence of a "Split Corridor Design" to facilitate movement throughout downtown. The "Split Corridor Design" will create a one-way traffic system between the I-84/Meridian Road interchange and (roughly) the railroad tracks. Main Street will allow northbound traffic only, and Meridian Road will allow southbound traffic only. North of the railroad the system will support two-way traffic movement. To increase connectivity and facilitate additional north-south traffic movement downtown, the City will work through development and redevelopment to .-. 34 ~ City of Meridian 2010 Comprehensive Plan ,~ CHAPTER ~-. preserve right-of-way and construct East 3rd from Franklin Road to Fairview Avenue per the alignment identified in the East 3rd Street Extension Alignment ,,,~ Study Report, dated May 2009. The May 2009 report identifies the alignment of the future roadway and presents conceptual cross-sections for use in '~ roadway design. ,^ State Facilities The Idaho Transportation Department does not have many planned highway .-, expansion projects in the State. However, there is certainly a need to improve the State highway system. At the top of the City's highway improvement .- priority list is a rebuilt Meridian Road Interchange. The interchange is not ^ sufficient to safely handle today's increased traffic and mobility demands. ~.. Reconstruction of the Meridian Road Interchange will improve mobility by providing pedestrian and bicycle facilities on the structure so that different .-. modes of transportation can traverse across the Interstate. Reconstruction ~^ will also allow free movement of commerce through the Treasure Valley and ^ provide the infrastructure which companies here and those looking to move , here desire. .• Two other highway improvements high on the City's priority list are U.S. 20/26 (Chinden Boulevard) and SH-55 (Eagle Road). The Eagle Road Arterial Road Study (ITD, 2006), and the U.S. 20/26 Corridor Preservation Study, ^ (ITD and COMPASS, ongoing), identify preferred roadway configurations and ,.., recommend safety improvements to these high-volume and high-speed facilities. The City supports access management, congestion mitigation improvements .-. and the beautification of these corridors called for in the studies. .. The City of Meridian supports the construction of an overpass at the intersection of Linder Road and Interstate 84. This overpass will create a continuous, 34-mile arterial that will connect the Birds of Prey with the .. foothills and be one of the only roadways in the county to cross both the interstate and the Boise River. When constructed, this overpass should include .-. an on-street pathway route along the west side of the roadway as it allows for continuation of the on-street pathway north and south of the interstate, r. consistent with the City's Master Pathway Plan. '1 Land within the future SH-16 corridor (to be indentified in cooperation with the Idaho Transportation Department, property owners and other agencies) .~ will be protected from strip commercial zoning and development. The City does not intent to strip zone land adjacent to the future highway for non- residential uses. Such uses will be targeted to key intersections and where .. vacant or surplus commercial space is already available and zoned. ''^ Ytilities and Infrastructure .-. The provision, location and efficiency of public facilities contribute to quality of life and to the ability to develop in the City. While the City owns and operates its own domestic water and sewer services, it relies on other entities for some r. City of Meridian 2010 Comprehensive Plan 35 .-, ~-. CHAPTER of the other essential services. Therefore, coordination between the City and each service provider is vital in planning and prioritizing of expansion areas, and continued service to existing locations. Public facilities discussed in this section include domestic water service, sewer collection, sewage treatment, and other independently operated utilities (such as power, natural gas, and communications). Water Service The City owned and operated domestic water system is currently supported by a series of deep wells, booster pump stations, multiple reservoirs, and over 400 miles of pipe line. In order to keep up with water demand, the City has constructed, on average, one new well per year, each funded by connection fees and charged to new development. Water line extensions to new developments are generally paid for and constructed by developers. Although the City plans new wells and reservoirs, the specific locations to those facilities are largely dictated by growth patterns, and will continue to be funded by new development. There is a portion of north Meridian where United Water, not the City, provides service. The rest of the City receives water from the City, via the Public Works Department. Sewer Collection and Treatment Sewer Collection The sewer (also known as wastewater) collection system in the City consists of over 500 miles of pipe and twelve lift (pump) stations. Sewage flows by gravity to the wastewater treatment plant located northwest of the Ten Mile/ Ustick intersection. Generating a new Sewer Master Plan is in process. The Sewer Master Plan includes development of a computer model. The model helps Public Works staff identify priority areas for development in the City as well as segments of the existing sewage collection system that are approaching capacity. Future capital improvements will then be prioritized to upgrade the lines that are approaching capacity. No new City-funded sewer trunks or expansions are planned at this time. After the new Sewer Master Plan and model is up and running, the City will evaluate the need for additional expansion projects. Sewage Treatment With a rated capacity of 10.2 million gallons per day (mgd), the Meridian Waste Water Treatment Plant (WWTP) services the entire City to primary, secondary, and tertiary standards, followed by disinfection. Treated effluent is discharged into Five Mile Creek. The City of Meridian received a National Pollutant Discharge Elimination System (NPDES) discharge permit from the Environmental Protection Agency (EPA) in September of 1999, which expired in 2004. The discharge permit placed limits on flow, biochemical oxygen demand (BOD), total suspended r1 36 ~ City of Meridian 2010 Comprehensive Plan .~. .~. CHAPTER solids, dissolved oxygen, pH, toxicity, and bacteria. The permit also mandated ^ numerous sampling and monitoring requirements for the effluent, Five Mile ,,~ Creek, and the Boise River are also mandated. The Public Works Department expects to receive a new NPDES discharge permit in the next year which will include nutrient limits on phosphorus as low as 0.07 mg/L. The EPA has .~ proposed up to a 98% reduction in the amount of total phosphorus discharged .-. to the Lower Boise River by all point sources. In order to comply with requirements, Meridian may have to construct expensive phosphorus removal '" facilities at the WWTP. The additional associated costs will be apportioned ~-. to all ratepayers, although the actual construction of these additional improvements will depend on City growth rates. ~"~ Currently, NPDES permits are not required for stormwater within the City. ,,,, However, with increasing population growth, the City will be responsible for compliance with the Phase 2 stormwater program, thus requiring staff and ''~ funding. ... .~, Other Services Garbage and Recycling ,-, Sanitary Services Co. (SSC) is the solid waste and recycling collection contractor for the City of Meridian. SSC is dedicated to providing reliable and innovative recycling and waste reduction programs to the City. Every ^ residential customer in Meridian has access to curbside recycling services as ,,~ part of their basic collection services. In addition to refuse collection, recycling, and hazardous material disposal, SSC also provides fall leaf collection, spring '1 clean-up collection, used oil collection and Christmas tree pick-up. These •• programs are intended to reduce the amount of organic material that would .-. otherwise make its way to the landfill. SSC and the City are looking for additional ways to divert the amount of waste that goes to landfill. .~ ^ Irrigation .-. Meridian irrigation water is supplied by a series of canals and laterals diverted ^ from the Boise River. The New York canal is operated and serviced by ,^ the Boise Project Control Board, under the Bureau of Reclamation. The Ridenbaugh and Settler's Canal are both operated and maintained by the ^ Nampa and Meridian Irrigation District (NMID). The NMID administers water rights for all three canals. ,.. Power .- Idaho Power provides electrical services throughout the City of Meridian and .-. its Area of City Impact. Idaho power is a public service company regulated by the Idaho Public Utility Commission (IPUC), the Federal Energy Regulatory '" Commission (FERC), and the state regulatory commissions of Idaho and ,~ Oregon. 37 City of Meridian 2010 Comprehensive Plan .-. CHAPTER ~ Natural Gas Intermountain Gas Company is the sole provider of natural gas in southern Idaho, including Meridian. Meridian is serviced by dual, high pressure natural gas pipelines that bisect the southwest part of the City's Area of City Impact. ~ Communications Qwest Communications provides basic telephone service in the area and CableOne provides traditional T.V. and internet services. There are also a number of wireless providers which also offer phone, television, and internet services. Future Acquisitions Map A new element that the City would like to incorporate into the Comprehensive Plan is a Future Acquisitions Map (FAM). Idaho Code §67- 6517allows the City to designate lands on a map that are proposed for public acquisition and/or facilities. To compose this map, the City needs to identify properties or areas where facilities and infrastructure improvements are planned over the next 20 years. Facilities and utilities envisioned on this map include, but are not limited to: fire stations, parks, open space, and recreation areas, pathways, well sites, Waste Water Treatment Plant expansion lands, utility facility corridors, streets, overpasses and highways, and some properties downtown where infrastructure is planned. In 2010, Planning Department staff convened a group of agency and department representatives to explore potential facilities for inclusion on the FAM. This group did not have enough time to formalize a recommendation on a map, but work will continue in anticipation of a FAM adoption in the near future. .~ 38 ~ City of Meridian 2010 Comprehensive Plan CHAPTER Natural Gas Intermountain Gas Company is the sole provider of natural gas in southern Idaho, including Meridian. Meridian is serviced by dual, high pressure natural gas pipelines that bisect the southwest part of the City's Area of City Impact. ~ Communications Qwest Communications provides basic telephone service in the area and CableOne provides traditional T.V. and internet services. There are also a number of wireless providers which also offer phone, television, and internet services. Future Acquisitions Map A new element that the City would like to incorporate into the Comprehensive Plan is a Future Acquisitions Map (FAM). Idaho Code §67- 6517allows the City to designate lands on a map that are proposed for public acquisition and/or facilities. To compose this map, the City needs to identify properties or areas where facilities and infrastructure improvements are planned over the next 20 years. Facilities and utilities envisioned on this map include, but are not limited to: fire stations, parks, open space, and recreation areas, pathways, well sites, Waste Water Treatment Plant expansion lands, utility facility corridors, streets, overpasses and highways, and some properties downtown where infrastructure is planned. In 2010, Planning Department staff convened a group of agency and department representatives to explore potential facilities for inclusion on the FAM. This group did not have enough time to formalize a recommendation on a map, but work will continue in anticipation of a FAM adoption in the near future. ~. .. .-. 38 ~ City of Meridian 2010 Comprehensive Plan CHAPTER e Chanter 4 -Economic Excellence This section of the Comprehensive Plan gives context to the City's goals, objectives, and action items regarding economic development and provides the framework for growing Meridian's economy. Policy decisions reflect Meridian's goal of improving and diversifying the local economy to ensure a sustainable economic tax base. The following table is comprised of Goals and Objectives best represented in this chapter. For associated Action Items, refer to the Implementation Plan at the end of this document. • Diversify economic base of City -make Meridian aself-sustaining community. • Create a balanced cross section of incomes. • Promote business retention, expansion and improvement programs. • Proactively streamline government processes, identify and resolve issues and/or concerns before they reach a critical stage, and create an inviting environment within Meridian City Hall as an enjoyable place to do business. • Identify needs to fill gaps in needed workforce skills to support existing business and create innovate training opportunities to fill those gaps. • Create branding, tools, and relationships necessary to attract and recruit new businesses to the Treasure Valley. • Develop Meridian as an economic development driving force that creates dynamic, sustainable and synergistic environments through the development of industrial corridors and target markets. • Support redevelopment opportunities in downtown. Economic pevelopment Meridian is actively supporting existing and new businesses in order to retain and create new jobs, develop regional talent, foster innovation and increase tax base to promote a community that is proactive, responsive and sustainable. Some of the new businesses that the City is working to develop are: • Health Science (Medical Device Manufacturing) • Healthcare Services • Infotech • Corporate & Professional Services • Entrepreneuriallnnovation City of Meridian 2010 Comprehensive Plan 39 .~. CHAPTER Meridian's location, in the center of the Pacific Northwest, gives the City an -~ advantage in regional recognition. Meridian offers companies direct access to ,~ 66 million consumers within a 750-mile radius. In addition, Meridian provides companies with a diverse pool of motivated and dedicated workers. "~ • Food Processors -~. • Light Manufacturing ,,,\ • Outdoor Sports Manufacturing ^ --~ • Alternative Energy -1 -~. The City of Meridian is committed to economic excellence, and is committed to supporting and growing new and existing businesses. The City seeks to --. create a strong and diverse business community that is "Built for Business and -~ Designed for Living." As part of its commitment to economic excellence, the ,,,~ City has developed Business Enterprise Corridors to encourage and promote a robust and sustainable economy. .-. ~-. Business Enterprise Corridors and Specific Area Plans ,~ Meridian is effectively positioned to support existing, emerging, and new ~ businesses by creating planned and integrated Business Enterprise Corridors. ^ These corridors are designed to attract and foster related or complimentary „\ business interests. This provides an environment where business can thrive in an atmosphere conducive to attracting and retaining a highly qualified workforce. These Business Enterprise Corridors, located throughout the City, .~ are diverse in approach and geared towards accommodating the needs of business and employees alike. .-. .~ The Core The Core, located on the eastern edge of Meridian along I-84, is focused on ~-. health sciences, technology and business centers. The Core is a community ^ of partners and programs, like those between the City of Meridian and Idaho ,,.~ State University, creating sustainable jobs, developing products, training, and research to better the lives of those in Meridian, the Valley, and abroad. With ~ over 43 active enterprises, The Core is business diversity of the future; jobs -~ in research, development, and manufacturing that cannot be outsourced. ^ This corridor of complementary businesses and services provides aone-stop destination for visitors and workforce with all necessary amenities. In the fall of 2009, Idaho State University opened the doors to ISU-Meridian, the Treasure Valley campus, within the Core. Students at ISU specialize in Law ~-. and Leadership, Research and Medical Arts, and International Studies. The City -"~ has been working with ISU to not only strengthen educational programs but to .~. create partnerships with the private sector. The ISU President's Southwestern Idaho Advisory Council on Health Science Education and Economic Excellence ~' 40 ~ City of Meridian 2010 Comprehensive Plan •-. .-. .-~ CHAPTER focuses on specific business and research opportunities. This Council of business and educational leaders helps prepare ISU to expand health science education opportunities and support the efforts of The Core. Ten Mile Interchange Specific Area Plan The Ten Mile Interchange Specific Area Plan, centered along Ten Mile Road and I-84, is a highly visible, easily accessible part of the City that will offer significant future employment, enhance housing diversity, and support a stronger economy. This Business Enterprise Corridor, while sharing the same heart for economic development as the other corridors, is built for living; creating an environment for people to work, live, and play. Unlike other commercial employment districts, with diversity of mixed, adjacent, and nearby housing in abroad spectrum of sizes and costs, the Ten Mile Interchange Specific Area Plan seeks to create a highly accessible community that removes the need to commute to work. City of Meridian 2010 Comprehensive Plan 41 CHAPTER Downtown -Meridian Development Corporation .-. .-~ i"~ .-. The Meridian Development Corporation (MDC) is committed to the economic ,~ stimulation and expansion of downtown Meridian. Focus areas of the MDC for creating a thriving Downtown Meridian include: pedestrian friendly, transit .. support, sustainable job creation, public art and beautification, affordable -~ workforce housing, public parking, and a balanced retail environment. As part of its long-term goals, MDC is committed to supporting Destination Downtown, a Vision Plan for downtown Meridian. Destination Downtown 'is "~ acommunity-driven initiative, spearheaded by the MDC, to stimulate, vitalize, --. and establish downtown Meridian as a hub of Treasure Valley enterprise, culture, and social activities. Destination Downtown has four focus areas: ^ Livability, Mobility, Prosperity, and Sustainability. Each of these focus areas ^ represents a vital cornerstone in support of the long-term health and vitality ,.~ of downtown Meridian and City as a whole. With the construction of the new City Hall building in 2008, the City has made a commitment to Destination ^ Downtown that will serve as a catalyst for additional revitalization efforts and ^ set the standard for future development in Meridian's downtown. The City ,,,~ intends to build on the Destination Downtown Plan by doing specific area plans for each of the districts identified in the Plan. ''~ The Fields Area .~ --.. Located in northwest Meridian, the Fields is asix-square mile area bound by ^ the Ada-Canyon county line, Chinden Boulevard, Ustick Road and Black Cat ,.. Road. This area has been identified by the City for a future specific area plan. Like the other Business Enterprise Corridors, the Fields Area will be conceived ^ principally to grow business and develop increased economic vitality. Unlike ^ Ten Mile, The Core, and the Downtown plans however, The Fields Area will ^ support future growth and development away from I-84, providing northwest Meridian with its own Business Enterprise Corridor and ensuring diverse and .~. equally dispersed opportunity throughout the City. Chamber of Commerce The Meridian Chamber of Commerce principle goal is of supporting and ^ developing business. The Chamber is a membership organization which ,~ provides leadership opportunities, advocacy, networking, and business promotion, to encourage, foster, and promote existing and new business .~. opportunities in the City. The Meridian Chamber of Commerce provides many -~ services to the community, including: business referrals, City information, community maps, relocation packets, tourist information, consulting, and more. .. .-. .~ I visit the website @ www.destination-downtown.org .~ 42 ~ City of Meridian 2010 Comprehensive Plan CHAPTER Chapter 5 -Stewardship Natural and Built Environment Productive agricultural soils, open space, vegetation, air, water, and energy are all valuable resources that the residents of Meridian enjoy and want to preserve. Beyond the environmental and health benefits realized from preserving our natural resources, they can offer exciting recreational opportunities, provide for pedestrian travel ways, and offer a simple break from the standard suburban affair. As growth continues however, increased pressures are placed on natural resources. Finding a balance that protects and preserves Meridian's natural resources, while supporting the need for new development and growth is essential. The following table is comprised of Goals and Objectives best represented in this chapter. For associated Action Items, refer to the Implementation Plan at the end of this document. „~.~ .. .. • Protect and conserve existing waterways, groundwater, wetlands, wildlife habitat, air, soils, and other natural resources. • Preserve and protect farms and agricultural resources. • Support the restoration of Old Town to enhance the historical qual • Preserve and enhance historic and cultural resources. • Protect public health by reducing ozone, fine particulate matter and other green house gases and toxics in the air. • Provide City services in an environmentally sustainable and cost effective manner. • Promote energy conservation. • Develop and support markets for recycled materials and products. • Establish recycling /diversion and hazardous waste disposal goals. • Enhance existing City recycling and procurement policies. • Optimize green building strategies in municipal buildings, both existing and new construction. • Strive to optimize energy efficiency in both residential and commercial construction (existing housing stock and new). • Protect public health and watersheds through adequate treatment and disposal of wastewater. • Provide cost effective and environmentally sustainable wastewater service to citizens and business. • Expand the use of recycled water throughout the City. City of Meridian 2010 Comprehensive Plan 43 CHAPTER • Protect the quality of source water. • Provide water in a cost effective manner. • Conserve existing water supplies. • Establish and implement a comprehensive surface water protection program. Natural Resources Water One of our most valuable resourced is water. Therefore, protecting our aquifers, drainage basins, creeks, canals, lakes (man made or otherwise) and the Boise River from dangerous polluted runoffs is of great importance for preserving a quality water supply. With a vision for sustainability, Meridian became the first city in Idaho to be issued a Class A Reclaimed Water Permit. The City is now using highly treated, or reclaimed water, instead of irrigation water or potable water on City parks and open spaces. This conserves a significant amount of ground water and reduces our discharge flows into the Boise River. With successful pilot projects completed, plans are in place to increase programs that look towards water conservation, protection of surface waters and improving of water quality. Soil and Vegetation Not only is preserving the water supply important for humans, but also for the plants and wildlife. The natural tree and shrub corridors along the creeks and drains throughout Meridian are critical to wildlife and also present aesthetic values. In addition, the natural vegetation provides shade and habitat for wildlife and reduces soil erosion. Air Quality The City is trying to do its part to help the Treasure Valley's overall air quality so that the region does not fall into non-attainment. The City of Meridian continues to be proactive in its efforts to improve air quality in the Treasure Valley. The City has held town hall meetings on business emissions, established City Hall as a Clean Air Zone, encouraged alternative transportation and carpooling for employees, and installed conditioning equipment at the Waste Water Treatment Plant that scrubs, cleans, and then reuses the methane gas by product. By working with the Department of Environmental Quality (DEQ), supporting other local and regional initiatives, implementing City policies, evaluating land use and transportation relationships, and by City departments and contracted entities using best management practices, the City intends to raise the bar even higher for improving air quality. 44 ~ City of Meridian 2010 Comprehensive Plan .~ ~-+. CHAPTER '~ Energy .. In an effort to improve the energy efficiency, transparency, accountability, and innovation of local government, the City of Meridian decided to prepare '~ an Energy Efficiency and Conservation Strategy (EEGs). The EECS outlines .. the City of Meridian`s long-range plans to integrate energy efficiency and energy independence, sustainability, resource conservation, environmental stewardship, improvements in air quality, and reductions in greenhouse gasses into the everyday operations of City government. .-. As part of the energy strategy, the City's mission, vision, and ongoing initiatives .~ were incorporated into the energy planning process. These factors will be .-. integral in directing policy options and for implementing the City's current and ,,,~ future energy projects. Moreover, they will help to guide and centralize the energy planning process. .~ ~., The City of Meridian developed the Citywide energy strategy as a guide for achieving both short-range and long-range objectives for energy efficiency, .-~ the reduction of greenhouse gas emissions, and the creation of sustainable jobs. Short-range energy goals will be achieved by allocating funding towards ,.,~ projects that will accomplishing these goals. A comprehensive list of future energy projects is included in the EECS that demonstrates the City's long- range commitment to energy efficiency. The energy-related projects, programs, ,-~ policies, and implementation measures identified in the planning process of the energy strategy will facilitate the City's long-range energy success. .-. sustainability .., ,~ The City of Meridian has assertively stepped-up to the challenges and dynamics of incorporating sustainability concepts into a variety of projects. .~ From tackling energy conservation issues; establishing astate-of-the-art -~ wastewater treatment and reclamation facility; to establishing and staffing an ,,,, Environmental Division within the Public Works Department. "sustainability and Environmental Awareness" is a stated priority issue of City leadership and will be a dynamic aspect of how future service, programs and projects are .-. understood, created and implemented. Future success bodes well, due to the accomplishments gained in our recent past; sustainable practices today are applied in Meridian in a wide variety of ways, and will continue to grow. .-. .. Green Building Where buildings are constructed and how they are designed, built and .~ operated greatly impacts the environment. In 1998 the U.S. Green Building ,,,, Council developed a set of standards for environmentally sustainable design, construction and operation of buildings. These standards are formalized '^ in certifying a building as LEED (Leadership in Energy and Environmental .. Design). LEED is an internationally recognized green building certification .-. system, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across .. ,~. City of Meridian 2010 Comprehensive Plan 45 ~-•. f u .l,mcn all the metrics that matter most: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. LEED is a voluntary certification program that can be applied to any building type and any building lifecycle phase. Guidelines encouraging buildings to be sited and designed consistent with LEED concepts are included in the City's Design Manual. As a prime example of the City's ongoing efforts to be good stewards of the environment and to set a positive example for others who build in Meridian, City Hall was constructed with LEED certification in mind. In 2009, Meridian City Hall achieved the Leadership in Energy & Environmental Design (LEED), Silver Certification. Among other benefits, Idaho Power Company has calculated City Hall's annual energy savings to be the equivalent of providing power to 56 homes for an entire year. The City would like to pursue other energy efficient projects, and promote others to also consider environmental impacts when siting and constructing projects. Recycling and Hazardous Waste As was mentioned in Chapter 4, Sanitary Services Company is contracted with the City to collect and dispose of refuse, recycling and hazardous waste throughout the City. The curbside recycling program within the City currently allows for the following items: mixed waste paper (including telephone books), corrugated cardboard, magazines and catalogs, aluminum and tin cans, newspaper, and all numbers of plastic bottles, tubs, jugs (including lids) and clamshells. Increased recycling for paper/wood products, plastics, and organic material and diversion of hazardous waste from the landfill continue to be programs that Sanitary Services Company and the City work on expanding. Hazardous Areas Fortunately, very few natural or man-made hazards exist within the City of Meridian and its Area of City Impact. Without large industrial complexes, airports, petroleum tank farms and other uses which generate safety and pollution concerns, the City is relatively free of hazardous areas. As more development occurs however, safety concerns and hazardous areas will likely increase from more service stations, increased traffic, and storage of hazardous chemicals associated with certain businesses. While federal regulations provide protection to a degree, as development increases, so will the potential for spills, accidents, and fires. There are a few notable hazards which do exist within the City of Meridian's AOCI; a natural gas pipeline, an existing liquefied natural gas plant, state highways, the waste water treatment plant (odor), and areas of the City which fall into the 100 year flood plain. The natural gas line, or Williams Pipeline, runs from the northwest edge of the City to the southeastern edge of the City. Along this pipeline is a natural gas plant, located off of N. Can-Ada Road, which temporarily liquefies natural gas 46 ~ City of Meridian 2010 Comprehensive Plan for storage. The City has worked with emergency responders and the pipeline '"' company to ensure development near these facilities is done safely. ~-. There are four State (ITD) highways that go through Meridian: Interstate-84, "~ State Highway 55, State Highway 69 and US 20/26. These facilities are high- speed roadways which have led to many accidents. In City Code, there are .-. specific development standards for properties along State highways. These standards are in place to mitigate the potential hazards from living next to and .-. driving on the State highway system. Portions of Meridian fall within the 100 year flood plain, generally along the .~ Boise River and some creeks, the City has developed a flood plain overlay district which helps to guide development. Uses permitted in this district ^, are generally associated with open space, recreational, and agricultural land uses and do not hinder the movement of the floodwaters. For additional ,~ information including floodway maps, see the Existing Conditions Report. .-. -, Special Areas and Historic Resources .. Currently there are eight properties within Meridian listed on the National ^ Register of Historic Places. In addition. to these eight properties, there are _. many historical architectural resources within the City and more outside the City, but within the Area of Impact. Some of the many historic buildings within the impact area include: grain elevators, a feed mill, assorted shops, a public ^ library, and Meridian Rural Public High School. Other historic properties and resources include: historic farmsteads, irrigation facilities, the Ridenbaugh Canal, associated check dams, and more. These recorded locations likely ~ represent only a sample of the actual number of historic buildings within .- the City of Meridian's Area of City Impact. These special sites and historic resources are important to preserving Meridian's heritage and in remembering the previous generations that laid the foundation for Meridian today. .~ .~. .~. .. .-. .-. .•, .~ ... .-. .~ City of Meridian 2010 Comprehensive Plan CHAPTER 47 .. -This page left intentionally blank 48 ~ City of Meridian 2010 Comprehensive Plan .-. .-~ .~ ,. .. .•. .-. r• ~-. .-. .-. ~. .-. ~\ ~-. .-~ .~, .•. ~~ .-~ .-. .. .~. .~. .•. .-•, .-. .~. .-. CHAPTER Chapter 6 -Public Services Community, Soeial and Government Ser~iees This chapter discusses community, social and government services provided in Meridian. As part of this chapter, schools, parks and recreation, emergency services, libraries, arts and entertainment, as well as general government and private property rights are described. Some other services, like sewer, water, and transportation, are addressed in other parts of this Plan and are not duplicated here. The following table is comprised of Goals and Objectives best represented in this chapter. For associated Action Items, refer to the Implementation Plan at the end of this document. • Provide for park acquisition and maintenance to meet projected demands. • Throughout the City, develop all park and recreation land to provide a diversity of uses and activities. k 6 i 3 Y 8 8 f l • Plan and expand services as part of the development process. • Cooperate with other agencies and service providers around the Valley. • Provide art in public places. • Provide a diversity of education and art experiences for all Meridian residents. ,~ • • .~; ~. #"' 9 k 3"ti • Reduce the threat of loss of life and property from hazards. • Enact land use ordinances, policies, fees and make decisions, including land use restrictions and conditions of approval, that do not violate private property rights. Community Ser~iees Education For Meridian to encourage and attract new business, to foster an environment which generates new ideas, and to mold a diverse and sustainable economy, we must continue to encourage and support educational opportunities which create an employment base attractive to employers. It is important for Meridian residents to have accessible educational opportunities, K- 12 and beyond, which prepare them for rewarding local career opportunities. City of Meridian 2010 Comprehensive Plan 49 .-. .~. CHAPTER Public Schools Public school facilities in the City of Meridian are part of the Joint School District No. 2 (aka Meridian School District), which serves an area larger than the City of Meridian and its Area of City Impact. The district covers 384 square miles and serves the cities of Meridian, Star, Eagle, western and south-western portions of Boise, part of Garden City, and the unincorporated areas of Ada County that lie between these municipalities. In total, there are 3 I elementary schools, 9 middle schools, 5 comprehensive high schools, 2 alternative high schools, I charter high school, and I magnet high school throughout Meridian School District. Enrollment growth has placed tremendous demands on schools in recent past. Since 2000, the District has opened eight elementary schools, three middle schools, one alternative middle school, two high schools, and one alternative high school. In the past ten years, Meridian School District has opened schools at a faster pace than any District in the history of the state of Idaho. With an additional 1,000 students per year projected to move into the district, this rate of new school construction is expected to continue into the foreseeable future. Land acquisition for future school sites within Meridian School District are based upon the following acreage standards: • Elementary Schools 10 to 12 acres • Middle Schools 40 acres • High Schools 55 acres Based on past trends, Meridian School District estimates that approximately 1,000 acres of land will be needed within the City of Meridian's Area of City Impact to meet the needs of all existing and projected K- 12 students. As shown on the Future Land Use Map, about one elementary school is projected within each square mile of the City. Depending upon the residential density of an area and other build-out factors, the District estimates that it will need at least one middle school for every two to two and a half square miles and one high school for every three square miles of fully developed land. To assist the District, the City of Meridian seeks to continue its support through joint long range and site planning, continued exploration into multi- use and shared facilities, and providing increased safety through efficient use of multi-modal transportation corridors servicing schools. The City will continue to support school sites within every square mile, encourage communication between essential service providers to plan for and accommodate growth associated with schools, and further explore opportunities to cut operating costs through joint land use agreements. Thoughtful communication and coordination will help to ensure residents in the City of Meridian have close, safe, and relevant educational opportunities. 50 ~ City of Meridian 2010 Comprehensive Plan CHAPTER Continuing Education ,,.~ In addition to Idaho State University-Meridian, other colleges and universities in the Meridian area include (main campus location in parenthesis): University '~ of Phoenix (Meridian), George Fox University (Meridian), Guardian College ^ (Meridian), Boise State University (Boise), College of Western Idaho (Nampa), ,,,,~ College of Idaho (Caldwell), Northwest Nazarene University (Nampa), University of Idaho Extension (Boise), Stevens-Henager College (Boise), '~ Carrington College (Boise), Brown Mackie College (Boise), and Treasure Valley ~. Community College (Ontario, OR). ,~. Emergency Services .. ^ Police ,-. Despite the tremendous growth Meridian has experienced over the last ^ decade, the City has not been subject an increased crime rate. In fact, the rate .-. of criminal offenses in Meridian has remained lower than the national and state averages for several years. Review of officer to population ratio and response times suggests that with the more recent addition of officers, detectives, school resource officers, neighborhood contact officers, support staff and .. the advancements of the administration, the Meridian Police Departments is maintaining a respectable crime rate as well as an impressive clearance rate at .~ approximately 45.5% in 2009. ,~ Going forward, continued coordination with the Police Department is vital to ensure adequate services are available for proposed annexation and .~ development requests. Making best use of the Police Departments obvious ^ expertise in matters of safety is also important in the planning and design of new facilities, services, and contingency/hazard response plans. The Police Department also houses the City's code enforcement team. These ,~ individuals are primarily responsible for ensuring that City Code violations in the City are identified and quickly corrected. Lastly, continued participation by ^ the Police Department in local events and special programs, such as the Police ~ Athletic league (PAL) will remain a key element of their success by promoting a ^, safe community, serving as proactive crime deterrents through good example, and fostering the respect of the community. .-~ .~ Fire and Ambulance The Meridian Fire Department has quickly transformed from a primarily all-volunteer department into a combination department with 57 full-time ,-. firefighters and 20 part-time on-call personnel. Currently, the Meridian Fire Department consists of five Fire Stations strategically located throughout the Meridian area, with plans for a total of I I at full build out of the Meridian ^ Area of City Impact. Services provided by the department include: fire, rescue, ,,.., hazardous materials, fire prevention education, plans review, inspections and advanced life-support emergency medical service. The Meridian Fire .-. City of Meridian 2010 Comprehensive Plan 51 r. ~. CHAPTER w Department will continue to be an important asset in development and land use decisions, as they ensure that there is adequate fire flow, access and ^ compliance with the Fire Code. .-~ Parks and Recreation .-. The City of Meridian Parks and Recreation Department is the primary .~ recreation service provider for Meridian. Quality parks and recreation facilities are considered by most Meridian residents to be vital in promoting overall quality of life. Meridian parks and recreation facilities provide residents ''~ with safe outlets for entertainment, exercise, social activities, and learning ,,..~ opportunities. Further, parks and open space help to regulate air quality and climate, counter the warming effects of paved surfaces, recharge groundwater ~" and protect lakes and streams from polluted runoff. As such, they are directly ^~ and indirectly beneficial to all Meridian residents regardless of personal use. ,,,` Continued provision of high quality, year-round park and recreation facilities ''~ and activities requires the acquisition and development of land, funding for ..~ maintenance and renovations, and programming of elements and use activities. Developing new and expanding the existing park system with cutting-edge ~ features like multi sensory games, ice skating rinks, dog parks, and year round programs is vital to keep up with demand from growth. ,~ The City also seeks to continue expanding its pathway system by coordinating '~ new projects with regional partners, and providing safe, tightly integrated .~ pathways linking popular destinations such as schools and parks to ~ neighborhood centers. Therefore, the City's Comprehensive Parks and Recreation System Plan (CPRSP) and Master Pathway Plan should be used ''~ when evaluating proposed development for consistency with the City's plans. ., Arts and Entertainment I Meridian envisions a vibrant arts and entertainment scene that integrates ~ ~ the arts experience into everyday life and enhances the spirit of the City. As -~ part of its commitment to raising awareness of existing opportunities and providing new offerings to experience art, the City created the Meridian ''~ Arts Commission (MAC) in 2006. MAC wants to ensure continued access ,..~ to a variety of offerings for all residents, regardless of age, race, or ability. In addition to supporting the arts, the City seeks to continue its encouragement of Community Events. Programs such as the Dairy Days Celebration, Chili ~ Cook-Off, Firefighter's Salmon BBQ, Free Family Fishing Day, and others are ,~ vital to community well being. The continued availability of a variety of social opportunities is essential in promoting community for all residents. Other ~ opportunities to support new facilities for community enrichment, education, --~ and outreach should be explored. ,,, 52 I City of Meridian 2010 Comprehensive Plan .-. .~. Libraries .-. ,,,~ The Meridian Library District operates two locations, one on Cherry Lane and the other in the Silverstone Business Campus, is free to all residents and ,•• provides a variety of services in support of the community. The mission of the ~* Meridian Library District is to provide a safe and inviting place where residents ,~ can interact with each other; find information about their community and its offerings; investigate a wide range of topics pertaining to their work, school ''~ and personal lives; and develop a love of reading and learning that will continue .• throughout their lives. Even with the increasing demand and popularity of digitally based media, libraries continue to provide a service to the traditional .-. book readers, the young, those needing a little extra help, and others, as a safe ^ place to socialize, share and learn. ,-. Organizational Ex~ellenee ~. City Hall .-. Meridian City Hall is a three-story, 100,000 square-foot building located in ^ downtown that serves as the hub of Meridian's municipal government. City ^ Hall currently houses ten City departments, serving as a convenient "one- ,.,, stop-shop" for citizens seeking services, including: Clerk's Office, Parks and Recreation, Fire Department Administration, Building Services, Planning, ^ Finance/Billing, Purchasing, Human Resources, City Attorney's Office, -- Information Technology, and the Mayor's Office. .. Meridian uses the Mayor-Council form of local government. The job of the ^ City Council, which includes the Mayor, is to adopt codes that govern the City ,.. in addition to applicable state and federal laws. The City of Meridian promotes citizen involvement in government by inviting residents to serve on a variety ^ of boards, commissions, and committees designed to assist City leaders in ^ information gathering and deliberative processes. Some of the volunteer boards ,.., and commission in Meridian are: Parks & Recreation Commission, Planning & Zoning Commission, Meridian Arts Commission, Historical Preservation ... Commission, Traffic Safety Commission, Meridian Transportation Task Force, ~ Impact Fee Advisory Committee, Solid Waste Advisory Commission and the ^ Mayor's Youth Advisory Council. ^ City staff is committed to providing the best customer service to the ,., community we serve. City staff will respond to customers in a genuine, positive, and timely manner. Interactions will be solution-oriented, where ... staff meets and exceeds expectations by listening to customers and following ^ through on their concerns. Staff members understand each individual's role ^ in the organizational team, knows their jobs, and accept that each person is responsible for their own work, choices, and actions. Staff members are .~. trustworthy and courteous and show honor and accept people with diverse ^ opinions and backgrounds. Staff will be professional beyond the parameters of the job while being creative, innovative, flexible and adaptable to community needs. In short, City Staff provides our best for the community we serve. We .-. ... City of Meridian 2010 Comprehensive Plan 53 .~ CHAPTER .. will provide quality service to our customers and positive development of our .~, staff that promotes and expects accountability, respect and excellence. --. One of the ways the City is improving upon service is by investing in enterprise solution software that will integrate the services and data collection of the --~ building division, development services division, planning department, clerk's office, and code enforcement. This system will also have the ability to "talk" to our geographic information system, billing software, and water and sewer utility information database. By having information in a shared database, staff will be "' able to process permits, development applications, and licenses more efficiently .-~ and effectively and provide more accurate and timely responses to customer queries. Community Development Block Grant The City of Meridian became an Entitlement Community as designated by the U.S. Department of Housing and Urban Development (HUD) in the fall of '~ 2006. With the Entitlement Community designation, the City receives money ~, annually through the Community Development Block Grant (CDBG) Program. The CDBG Program seeks to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The City ,_„ Council, with input from the public, establishes the overall direction of the CDBG Program in the Consolidated Plan, which identifies high-level goals and ~' objectives for the five year interval covered by the Plan. Activities the City ~. will undertake each year are detailed in annual action plans, which the City ,,,~ prepares and submits to HUD. Providing decent housing for low- and moderate-income persons is one of ,1 the primary goals of the CDBG Program, and HUD has a strong commitment to affirmatively further fair housing. The City of Meridian, as a recipient of ~ the CDBG federal funds, and its partnering non-profits, are obligated to not '1 discriminate in housing or services directly or indirectly on the basis of race, ,,,` color, religion, sex, national origin, age, familial status, or disability. -~ In 201 I, the City will update its Consolidated Plan for the next five years. Community input is an important component of each Consolidated Plan update, and the City works with individuals and local non-profit agencies to help determine the most critical needs within the community and determine how best to address those needs. As part of the updated Consolidated Plan .~ process, the City will undergo an Analysis of Impediments to Fair Housing Choice. This review will determine any areas where the City can strengthen -~ its anti-discrimination policies and practices to insure that all persons and ^~ households have access to decent housing options. ,,,~ Proper Rights -•, The City of Meridian wholly respects the rights of its citizens and their property, and is abjectly against the negligence, abuse or devaluing of private 54 ~ City of Meridian 2010 Comprehensive Plan n .. .. .-, ,~ .•, ... .•. .-. ,-. .~ ,~ ,-. ,-. .-. .~. .~ ,~ ~.. ~-. .-. .-. T .-. .~. .~. .. .. .~. .~. .~ .. .~. .~. .~. .-. ... .•. .-. .~. .-~ property by others. By encouraging property maintenance, preventing and mitigating incompatible land use, and ensuring local, state, and federal code compliance, residents should feel their private property rights are respected and secure. The City will continue to review its policy for compliance with the State regulatory takings guidelines, and ensure that its staff is appropriately trained in applicable code related to property rights. For a comprehensive review of regulatory takings, which the City will use to review policy and code against for compliance, please see Appendix C. City of Meridian 2010 Comprehensive Plan CHAPTER 55 -This page left intentionally blank 56 ~ City of Meridian 2010 Comprehensive Plan .~. ~-. CHAPTER Chapter 7 -Implementation When it comes to implementing the Comprehensive Plan, the primary ,., responsibility lies with City Staff. As discussed in Chapter I, however, citizens, developers, the Planning and Zoning Commission, as well as the City Council and other groups, are all involved and also responsible for shaping community development and the overall pattern of growth within the community. .-. The following table is comprised of Goals and Objectives best represented in ''~ this chapter. For associated Action Items, refer to the Implementation Plan at ... the end of this document. .. .. • Advance, support, and promote development of planning and economic develop ~. •• Making the Plan Reality Alignment with Other Plans and Resources .. ^ One of the key ways that the Comprehensive Plan becomes an improved tool ,~ is to align it with other established plans and goals for the City. The specific plans that are adopted as part of the Comprehensive Plan include: the Ten .~. Mile Interchange Specific Area Plan, the Design Manual, ACHD's Roadways to .-. Bikeways Bicycle Master Plan, Master Street Map, Complete Streets Policy and ,,,~ the Livable Street Design Guide from ACHD's Transportation and Land Use Integration Plan (TLIP). .-. ,~ The Comprehensive Plan has a symbiotic relationship with and works in concert with City Code, the City's Community Development Block Grant .~ Consolidated Plan, the City's Energy Efficiency and Conservation Strategy, the Meridian Pathways Master Plan, the Comprehensive Parks and Recreation ,,,~ Service Plan, the City's Sewer and Water Master Plans, other department master plans, capital improvement plans, and various transportation plans and '~ studies. It is also used in conjunction with each City department's strategic .-. plan, action plan, and employee Position Accountability Definition (PAD'S). .. All City departments should use the Comprehensive Plan as a tool for setting work plans, budgets, capital improvements, and allocating other resources for ,., City Council approval. City staff from all departments will regularly discuss and coordinate the needs of the City. Staff will work together with the common .~. goal of guiding growth, providing City services within available resources, being organized and efficient, and being good stewards of the public trust. .~. .-. .. .. .-. City of Meridian 2010 Comprehensive Plan 57 .~. CHAPTER Next Steps One of the next steps, after adoption of the 2010 Comprehensive Plan, will be to prioritize the action items with each Department and with other stakeholders. At the end of this document, Appendix D- I is the consolidated list of all the goals, objectives and specific action items within each chapter. This consolidated list, referred to as the Implementation Plan, will assign a responsible agency, City department or civic organization to each action item (subject). By assigning responsibility, and a priority, the intent is to provide for the timely execution of the various components of the Plan. Implementation of the Plan will take hard work and dedication from the entire community. Hopefully, everyone finds the organization of this document to be user friendly and the goals, objectives and action items representative of the community's vision. 5$ ~ City of Meridian 2010 Comprehensive Plan .-, .., .-~ CHAPTER ,~ Glossary Terms ^ Affordable Housing -Housing with rents or mortgage costs that are 30% or .. less of the gross monthly income of a household at 80% or below the Boise Metropolitan Statistical Area median income. .-. Area of City Impact -Also known as the City's planning area. It is the land ,,,~ area surrounding the limits of each City, negotiated between each individual City and the county in which it lies. Each City has comprehensive planning .-. authority for its Area of City Impact, but until annexation occurs, zoning and .• development entitlement is handled by the county. Buffer - An area within a property or site, generally adjacent to and parallel ^ with the property line, either consisting of existing natural vegetation or ,.~ created by the use of trees, shrubs, berms and/or fences and designed to limit views and sounds from the development tract to adjacent parties and vice ,-. versa. .-. Building Code -Legislative regulations that prescribe the materials, requirements and methods to be used in the construction, rehabilitation, '"'' maintenance and repair of buildings. The City of Meridian has adopted the ,-, Uniform Building Code (UBC), developed by the International Conference of Building Officials. .~. Capital Improvement Program - A process of identifying and budgeting for .. the public facilities that a jurisdiction will need to construct in order to serve existing and anticipated development. Capital improvement programming '~ is typically done in five-year increments with annual updates. A Capital -- Improvement Program (CIP) must address the type of project, the location of the project, the cost of the project, the source of funds to finance the project, .. the agency or department responsible for the project, and the time frame for ^ completion of the project. Capital Improvement Programs are a primary tool ~. of most growth management programs. ^ Compatible -Land uses capable of existing together without conflict or ill ~-- effects. Conditional Use - A utilization of land having characteristics such that it may ^ be allowed in a particular zoning district only after review by the Commission ,., and Council, and granting of approval imposing conditions deemed necessary to make the proposed use compatible with other uses in the area. .~. ^ Conditional Use Permit -Permit issued to allow a conditional use. ,.. Cross-Access Agreement - An agreement between adjacent property owners in which internal connections are provided between parking areas in order ,,~ to improve traffic flow on the street by minimizing the number of access points needed. Cross-access agreements are typically obtained incrementally ^ as a condition of approval for new development. The first one to develop .. City of Meridian 2010 Comprehensive Plan A- I .-. CHAPTER .~. will be required to make an irrevocable offer of cross-access to the adjacent ~ parcel and must design the parking lot to accommodate the access. When the adjacent owner wishes to develop, they will be conditioned to reciprocate with ,~ a similar cross-access agreement and complete the access. ,-. Density Bonus -Incentives given for dedication of land to the public for parks, --, schools, or other public facilities. .-. Dry-line Sewer -The installation of a sewage collection system designed to be '^~ served by gravity flow into the City of Meridian municipal wastewater system, ,..~ in accordance with current facilities plans, that is not initially operational because downstream sewers are not yet constructed. Fair Housing Act -Fair Housing Title VIII of the Civil Rights Act of 1968, enacted to prohibit housing discrimination based on race, color, religion, national origin, handicap, sex, and/or familial status. ^ ~-. Fire Flow- The minimum number of gallons per minute that are needed to fight a fire in a structure, for two continuous hours through fire plugs in the ~` near proximity of the structure. Fire flow requirements are established by the ^ national Uniform Fire Code and are a factor in the City's Insurance Services ,~ Office (ISO) rating. .~. Floodway -Drainage and irrigation channels and adjacent land areas that must ,~, be reserved to discharge flood waters from a 100-year flood. Development is prohibited in this area. .~. .. Green Building -Also known as green construction or sustainable building, is ^ the practice of creating structures and using processes that are environmentally responsible and resource-efficient throughout a building's life-cycle: from siting ^ to design, construction, operation, maintenance, renovation, and demolition. .., Hazardous Waste -Waste that poses substantial or potential threats to '~ public health or the environment. There are four factors that determine whether or not a substance is hazardous: ignitability (i.e., flammable), reactivity, ,,.~ corrosiveness and toxicity •-. Infill Development -Development on vacant parcels, or redevelopment of .~ existing parcels to a higher and better use, that is surrounded by developed ,-. property within the City of Meridian. Leadership in Energy & Environmental Design (LEED) - An internationally ,~ recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies intended ^ to improve performance in metrics such as energy savings, water efficiency, .~ COz emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts. Low Impact Development (LID) - A term used in the United States to describe ^ a land planning and engineering design approach to managing stormwater ^ A-2 ~ City of Meridian 2010 Comprehensive Plan .-. .~ .~. .~. .~. .-. .-. ,.. .. .. .-. .-. .-, .~. .. .~ .-. ~-. .-, .-. .~, .~.. ... .-~ ,~. .- ,... ,.. .~ .~. •-, .-. .-,. CHAPTER runoff. LID emphasizes conservation and use of on-site natural features to protect water quality. Neighborhood Center - A development area that includes a mix of uses and housing types, a central public gathering place, interconnecting streets and alleys, schools within walking distance, and services (office and retail) to serve the neighborhood. The basic goal is integration of the activities of potential residents with work, shopping, recreation and transit all within walking distance. Public Facilities and Services -See Urban Services. Reclaimed Water -Former wastewater (sewage) that has been treated to remove solids and certain impurities, and then used in sustainable landscaping irrigation or to recharge groundwater aquifers. This is done for sustainability and water conservation, rather than discharging the treated wastewater to surface waters such as rivers and oceans. Sometimes called recycled water. Urban Service Planning Area -Priority planning area where City of Meridian sewer and water facilities and most other services and utilities are available or planned in officially adopted plans. Urban Services -Services provided by the City of Meridian or established jurisdictions within the City of Meridian, including City of Meridian water, fire protection by Meridian City-Rural Fire District, City of Meridian parks and recreation facilities, City of Meridian police protection, public sanitary sewers owned by the City of Meridian, public transit, schools, storm drainage facilities, and urban standard streets and roads. Walkable -Development that contains a comprehensive network of sidewalks and trails. Development tends to be compact, and diverse, providing varied and plentiful destinations for walking and cycling; destinations tend to be within '/4 of a mile from dwellings. Environment is safe and aesthetically pleasing, with open space interspersed throughout development. City of Meridian 2010 Comprehensive Plan A-3 -This page left intentionally blank -- A-4 ~ City of Meridian 2010 Comprehensive Plan -~, i'~ .. ~. .-. .~. .-. .~. .~ .. ~-. .~. .-. ,~ .^ .~, .-. .. .~. .~. .-. .. .-. ... .., .~ .~. .~ .-. .~. .~. ,.~. APPENDIX Acronyms and Abbreviations ACHD Ada County Highway District AOCI Area of City Impact BGG Blueprint for Good Growth BOD biochemical oxygen demand CDHD Central District Health Department CIM Communities in Motion COMPASS Community Planning Association of Southwest Idaho CPRSP Comprehensive Parks and Recreation System Plan DEQ Department of Environmental Quality EPA Environmental Protection Agency FHWA Federal Highway Administration GPM gallons per minute IDHW Idaho Department of Health and Welfare IPUC Idaho Public Utility Commission ITD Idaho Transportation Department I-WAY Joint School District No. 2 (Meridian Joint School District) MGD million gallons per day LEED -Leadership in Energy & Environmental Design LID Local Improvement District MDC Meridian Development Corporation NMID Nampa Meridian Irrigation District NPDES National Pollution Discharge Elimination System PAL Police Athletic League RUT Rural Urban Transition (Ada County zoning designation) City of Meridian 2010 Comprehensive Plan B-I B-2 ~ City of Meridian 2010 Comprehensive Plan .., .~. APPENDIX ...- Regulatory Takings Checklist ., 1. Does the regulation or action result in a permanent or temporary .. physical occupation of private property? .., Regulation or action resulting in permanent or temporary occupation of all or a portion of private property will generally constitute a "taking." For example, .. a regulation that required landlords to allow installation of cable television .~. boxes in their apartments was found to constitute a "taking." (See Loretto v. .~. Teleprompter Manhattan CAN Corp., 458 U.S. 419 [ 1982].) .. 2. Does the regulation or action require a property to dedicate a .~ portion of property or to grant an easement? .. Carefully review all regulations requiring the dedication of property or grant of ... an easement. The dedication of property must be reasonably and specifically designed to represent or compensate for adverse impacts of the proposed "'~ development. Likewise, the magnitude of the burden placed on the proposed ,. development should be reasonably related to the adverse impacts created by .- the development. A court will also consider whether the action in question substantially advances a legitimate state interest. For example, the United "^ States Supreme Court determined in Nollan v. California Coastal Comm'n, „~ 483 U.S. 825 (1987) that compelling an owner of waterfront property to grant public easement across his property that does not substantially advance the public's interest in beach access, constitutes a "taking." Likewise, the United ~- States Supreme Court held that compelling a property owner to leave a ,~ public green way, as opposed to a private one, did not substantially advance protection of a floodplain, and was a "taking." (Dolan v. City of Tigard, 114 "' U.S. 2309 [June 24, 19994].) ,.,+ 3. Does the regulation deprive the owner of all economically viable uses of the property? .. If a regulation prohibits all economically viable or beneficial uses of the land, it will likely constitute a "taking." In this situation, the agency can avoid liability .~ for just compensation only if it can demonstrate that the proposed uses are .~. prohibited by the laws of nuisance or other pre-existing limitations on the use of the property (See Lucas v. South Carolina Coastal Coun., 112 S. Ct. 2886 [ 1992].) .. ,,~ Unlike I and 2 above, it is important to analyze the regulation's impact on the property as a whole, and not just the impact on a portion whether there is any .. profitable use of the remaining property available. (See Florida Rock Industries, ^* Inc. v. United States, 18 F.3d 1560 [Fed. Cir. 1994]. The remaining use does ,~ not necessarily have to be the owner's planned use, a prior use or the highest and best use of the property. One factor in this assessment is the degree to '~ which the regulatory action interferes with a property owner's reasonable -- investment backed expectations. +. City of Meridian 2010 Comprehensive Plan C- I .. APPENDIX Carefully review regulations requiring that all of a particular parcel of land be left substantially in its natural state. A prohibition of all economically viable users of the property is vulnerable to a takings challenge. In some situations, however, there may be pre-existing limitations on the use of property that could insulate the government from takings liability. 4. Does the regulation have a significant impact on the landowner's economic interest? Carefully review regulations that have a significant impact on the owner's economic interest. Courts will often compare the value of property before and after the impact of the challenged regulation. Although a reduction in property value alone may not be a "taking," a severe reduction in the property value often indicates a reduction or elimination of reasonably profitable uses. Another economic factor courts will consider is the degree to which the challenged regulation impacts any developmental rights of the owner. As with 3, above, these economic factors are normally applied to the property owner as a whole. 5. Does the regulation deny a fundamental attribute of ownership? Regulations that deny the landowner a fundamental attribute of ownership-- including the right to possess, exclude other and dispose of all or a portion of the property-are potential takings. The United States Supreme Court recently held that requiring a public easement for recreational purposes where the harm to be prevented was to the flood plain was a "taking." In finding this to be a "taking," the Court stated: The City never demonstrated why a public green way, as opposed to a private one, was required in the interest of flood control. The difference to the petitioner, of course, is the loss of her ability to exclude others...[T]his right to exclude others is "one of the most essential sticks in the bundle of rights that are commonly characterized as property." Dolan v. City of Tigard, 114 U.S. 2309 (June 24, 1994). The United States Supreme Court has also held that barring inheritance (an essential attribute of ownership) of certain interest in land held by individual members of an Indian tribe constituted a "taking." Hodel v. Irving, 481 U.S. 704 (I 987). 6. Does the regulation serve the same purpose that would be served by directly prohibiting the use or action; and does the condition imposed substantially advance that purpose? A regulation may go too far and may result in a takings claim where it does not substantially advance a legitimate governmental purpose. (Nollan v. California Coastal Commission, 107 S. CT. 314 I [ 1987]; Dolan v. City of Tigard, 114 U.S. 2309 [June 24, 1994].) C-2 ~ City of Meridian 2010 Comprehensive Plan .~. ,~ .-. .., r-- .~ r- ,•. r^ .~. .-. .~. ~. ,~ .. .. .~ ~-. ~• .-. ,-. .~ ~-, ,-. .~. .~. .-. .~ ~. .-. .~. .•. APPENDIX In Nollan, the United States Supreme Court held that it was an unconstitutional "taking" to condition the issuance of a permit to land owners on the grant of an easement to the public to use their beach. The court found that since there was not an indication that the Nollan's house plans interfered in any way with the public's ability to walk up and down the beach, there was no "nexus" between any public interest that might be harmed by the construction of the house, and the permit condition. Lacking this connection, the required easement was just as unconstitutional as it would be if imposed outside the permit context. Likewise, regulatory actions that closely resemble, or have effects of a physical invasion or occupation or property, are more likely to be found to be takings. The greater the deprivation of use, the greater the likelihood that a "taking" will be found. City of Meridian 2010 Comprehensive Plan C-3 ,~ ~. -This page left intentionally blank C-4 ~ City of Meridian 2010 Comprehensive Plan .-. .. ~. ,. .. ,.. .. .~. .~. .~ .-. .-. .-. .-. .-. .-. .-. .~. .. .~ .-. .-. .~. ,-. .-. .-. .. .-. .-. ,.. .-. APPENDIX Implementation Plan The Implementation Plan represents a to-do list of Goals, Objectives, and Action Items. To reach each Goal, Objectives and Action Items are established. The "subject" section of the plan not only helps to organize Goals, Objectives, and Action Items into categories, but assign them to related City Departments or other responsibly party for completion. The priority section assists the City not only to establish an order of importance, but ensure that Objetives and Action Items are tackled in an efficient manner, tackling prerequisite items first. The Implementation Plan uses shading to represents Goals, Objectives, and Action items, shown in the Shading Legend below. Additionally, symbols used in the plan can be referenced in the Symbol Legend below. Following the end of the Implementation Plan is an additional fold-out legend for ease-of-use during review of the the subsequent pages. Objectives Action Items Economic Development Land Use Natural Resources & Sustainability Public Safety Public Facilities and Utilities Transportation Parks and Recreation Historic Preservation /Special Areas Housing Community Design /Livability ~ Population /Demographics Government e All City of Meridian 2010 Comprehensive Plan D- I NEW Encourage health and well-being of community. NEW Provide a walkable community through good design. - NEW Provide opportunities for physical activities. ~ . Plan for and encourage services like health care, daycare, grocery stores NEW and recreational areas to be built within walking distance of residential . subdivisions. NEW Encourage community support and volunteer work. e NEW Help educate and curtail the rate of obesity, drug, alcohol, tobacco and other substan e ce use. NEW Work with Health and Welfare, Central District Health, the American Heart Association and other community partners to develop healthy initiatives. ~ NEW Support beautiful development. - Provide incentives for property owners to improve their properties. NEW Draft appropriate community design ordinances, and complete streets policies. - Implement design criteria to set quality standards City-wide. Coordinate with appropriate agencies on interstate and gateway beautification (landscaping, signage). ~ Promote the entryway corridors into Meridian from the I-84 interchanges and from the North, South, East, and West of City limits that will clearly identify the ~ community. Use the Comprehensive Plan, the United Development Code, and the Design Manual to discourage strip development, and encourage clustered, landscaped ~ business or residential development on entryway corridors. Require landscape street buffers for new development along all entryway corridors. ~ Provide landscaping, pedestrian friendly areas, and appropriate signage at gateways, new development sites, with upscale attractive construction, and - throughout town as appropriate. NEW When possible, and financially feasible, underground utility lines. NEW Strengthen community pride. .~ . Control the spread of noxious weeds by administering an efficient, quick- response weed removal ordinance with progressive notices and penalties, in conjunction with Ada County Weed Control and Code Enforcement. Require all commercial and industrial businesses to install and maintain landscaping. ~ NEW Continue supporting community-betterment activities such as "Paint the Town" d "R k U " an a e p Meridian. NEW Support and encourage involvement of community youth in the Mayor's Youth Ad i C il e v sory ounc (MYAC) and other youth activities and groups. D-2 ~ City of Meridian 2010 Comprehensive Plan APPENDIX e Work with residents to use homeowners associations to help maintain NEW common areas and landscaping along public rights of way and other areas ~ visible from public streets. NEW Realize strong, viable and recognizable identities for all neighborhoods. ~ Ensure long-term maintenance of greenbelts along waterways either directly by the City Parks and Recreation Department or through partnerships with neighboring associations, homeowners associations, and other community groups. Require all new, and reconstructed parking lots to provide landscaping in . internal islands and along streets. Continue to support the Meridian senior citizens' organization as an important - social program in the community. Support acquisition and development of new park land to meet the growing ~ - open space needs of the community. Evaluate with Ada County the ability to have homeowners' exemption status NEW applied immediately for purchased homes that were either vacant, rental, or e foreclosure properties. Continue property maintenance programs through code enforcement to e removejunk vehicles, weed nuisances, and trash, etc. NEW Promote area beautification and community identity through building and site . design, signs, and landscaping. NEW Enhance and preserve aesthetic resources. NEW Encourage new development to enhance the visual quality of its surroundings. a ,.~ ~`: . ~ti• ~. ~ g, xg„ i ,y 2- t Ensure that high-quality emergency care, primary, outpatient, home, and long-term care and other types of health care are provided in the community. Identify and encourage medical services which are currently lacking. Q Develop and implement provisions for medical services in the Unified Q ~~.-,,,~I~.,;m~;;• Code. a •: ,~ ~.._ r , ~, , .,~. ~ ,,..~.., ~.. ,,. .- Provide facilities and services that keep up with growth. NEW Work with COMPASS to analyze and monitor demographic characteristics and trends. Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic Q impacts, school enrollment, parks, etc). Regularly calculate ultimate build-out population projections based on City's Q . current Comprehensive Plan policies. Update the Comprehensive Plan and Unified Development Code as needed to . accommodate growth trends. City of Meridian 2010 Comprehensive Plan D-3 An~E~o~Xe Develop incentives that encourage utilization of unimproved or Q e underdeveloped land within City limits in order to maximize public ~ investments, and curtail urban sprawl. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the ~ ~ City. Evaluate development proposals based on physical, social, economic, . environmental, and aesthetic criteria. NEW Continuously provide essential services and utilities to all residents. NEW Consider City Master Plans and Strategic Plans in all land use decisions. 0 ~ Work with transportation agencies and private property owners to preserve NEW transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning. Ensure that land use regulations support development opportunities within the Area of City Impact. Support applications that apply the neighborhood center concept. ~ Establish incentives for new commercial development within under-utilized existing commercial areas. Support and improve upon current development review process. ~ Coordinate with Ada County to amend City and County Area of City Impact agreements to require Meridian land use ordinances be adopted by Ada County for developments within the Area of City Impact but outside city lirj~its `~~ . ~ ~~ a, . f . t,: ~~...,. _. Jointly plan and site school and subdivision developments to ensure mutual _ ~ - benefits and neighborhood identity. Coordinate population and household projections keeping school sites in mind. Support the location of school sites within every square mile. ~ Support construction of multi-use facilities that can be used by both schools and the community. Develop programs that are more pro-active by providing more secure, safe, 0 - and fun places for children. Actively involve Joint School District No. 2 in subdivision site selection with - developer before processing applications (pre-application meetings). Work with Joint School District No. 2 so elementary schools are sited in locations that are safe for the children, easily accessible by automobile, " " transit, walking and bicycle. Elementary schools should not be hidden within subdivisions or otherwise made inaccessible to the public. NEW Look for ways to streamline the permitting and land use review process for Q . approval of new school facilities. NEW Work with ACHD, ITD and Joint School District No. 2 to establish and map safe . bicycle and pedestrian routes to schools. Assist Joint School District No. 2 as needed in identifying future school sites, NEW including by providing information about potential developments and future © ~ land uses. D-4 ~ City of Meridian 2010 Comprehensive Plan a »~,i" ~ .~ NEW Support multi-modal and complete street transportation improvements. Work with UPRR on constructing amultiple-use pathway through downtown. ~ ~ Support VRT's efforts to construct amulti-modal transit center downtown. ~ Improve ingress and egress (both pedestrian and vehicle) in Old Town. ~ Support split corridor traffic pattern downtown, using Main Street and . Meridian Road. Pursue construction of the City's pathway network to and through downtown. ~ ~ Pursue bicycle routes/lanes to and through downtown. ~ ~ Enhance existing transportation systems. Work with COMPASS, ACHD, ITD and other regional partners to develop and . manage awell-planned, sustainable, multi-modal transportation system. Pursue the extension of East 3rd Street from Fairview to Pine and a future ~ - signal at East 3rd Street / Fairview. Pursue sidewalk construction for existing substandard streets. ~ Develop continuous pedestrian walkways within the downtown area. Consider ACHD's Complete Streets policy and Transportation and Land Use Integration Plan (TLIP) in all land-use decisions. Consider the adopted COMPASS regional long-range transportation in all - land-use decisions. Identify a City liaison to: ~ Encourage and promote the development of an overpass at the intersection of Linder Road and I-84 by ITD and ACHD. The overpass should accommodate pedestrians. Encourage and promote the development of an interchange at the intersection of McDermott Road / SH-16 Road extension and I-84 by ITD. Encourage and promote construction of the Eagle Road Corridor improvement by ITD. Encourage and promote the reconstruction of the Meridian Road Interchange by ITD. Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD. Identify at least one neighborhood per year to work with to submit an application to the ACHD Neighborhood Enhancement Program for traffic- ~ calming measures and/or sidewalk improvements. Reduce the number of existing access points onto arterial streets by using . methods such as cross-access agreements and frontage / backage roads. Review new development for appropriate opportunities to connect local roads - and collectors to adjacent properties (stub streets). City of Meridian 2010 Comprehensive Plan D-5 APPENDIX e APPENDIXe Require the improving and maintaining landscaping along public rights-of-way . and landscaping of dedicated but unimproved rights-of-way strips. Consider the Eagle Road Corridor Study in all land-use decisions along SH-55. ~ NEW Refine procedures for coordinating with ACHD, ITD, VRT, COMPASS and developers in addressing transportation issues and needs. NEW Work with ACHD, neighborhoods, and the city's Traffic Safety Commission to promote traffic calming and safety where problems exist. NEW Provide the most efficient transportation network possible. Establish truck routes. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a ~ community pathway system. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented ~ development as appropriate. Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, continuous, grid-like collectors around the north-south and east-west half-mile lines within the undeveloped sections of ' . Meridian s Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of Arterial streets, whenever possible. Require the public street system to be continuous through each mile section. This does not preclude the use of traffic calming measures, nor does it imply ~ the roadway have a straight alignment. NEW Participate in the development of the Regional Transportation Improvement Program (TIP). NEW Work with neighborhood groups to identify gaps in the sidewalk system that need to be filled in. Encourage new and alternative transportation systems to accommodate growth. Support COMPASS efforts to study Union Pacific Railroad (UPRR) corridor for . mass transit. Encourage additional mobility options for people who do not drive. ~ Develop and implement agreements with NMID, other irrigation districts, and UPRR to allow use of easements for recreation, bike/pedestrian pathways by the City. In cooperation with ACHD, continue to investigate the opportunities for providing Park & Ride lots, shuttle buses, and other forms of alternative ~ transportation. Work with ACHD, VRT and other agencies, community groups, local employers NEW and citizens to identify and promote strategies for reducing reliance on the ~ automobile. Preserve the existing rail corridor for a future transit system between Boise and Nampa. D-6 ~ City of Meridian 2010 Comprehensive Plan APPENDIXe Require the improving and maintaining landscaping along public rights-of-way . and landscaping of dedicated but unimproved rights-of-way strips. Consider the Eagle Road Corridor Study in all land-use decisions along SH-55. ~ NEW Refine procedures for coordinating with ACHD, ITD, VRT, COMPASS and developers in addressing transportation issues and needs. NEW Work with ACHD, neighborhoods, and the city's Traffic Safety Commission to promote traffic calming and safety where problems exist. NEW Provide the most efficient transportation network possible. Establish truck routes. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a ~ community pathway system. Require street connections between subdivisions at regular intervals to - enhance connectivity and better traffic flow. Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented ~ development as appropriate. Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, continuous, grid-like collectors around the north-south and east-west half-mile lines within the undeveloped sections of ' . s Area of City Impact at the time of new development. Such collectors Meridian should be the primary designated bike lane routes in lieu of Arterial streets, whenever possible. Require the public street system to be continuous through each mile section. This does not preclude the use of traffic calming measures, nor does it imply ~ the roadway have a straight alignment. NEW Participate in the development of the Regional Transportation Improvement Program (TIP). NEW Work with neighborhood groups to identify gaps in the sidewalk system that need to be filled in. Encourage new and alternative transportation systems to accommodate growth. Support COMPASS efforts to study Union Pacific Railroad (UPRR) corridor for . mass transit. Encourage additional mobility options for people who do not drive. ~ Develop and implement agreements with NMID, other irrigation districts, and ® e UPRR to allow use of easements for recreation, bike/pedestrian pathways by the City. In cooperation with ACHD, continue to investigate the opportunities for providing Park & Ride lots, shuttle buses, and other forms of alternative ~ transportation. Work with ACHD, VRT and other agencies, community groups, local employers NEW and citizens to identify and promote strategies for reducing reliance on the ~ automobile. Preserve the existing rail corridor for a future transit system between Boise and Nampa. D-6 ~ City of Meridian 2010 Comprehensive Plan APPENDIX Work with COMPASS and VRT on bringing bus transportation to and through Meridian. ~ Identify two to four specific parcels for park & ride lots and/or transit stations. . The City, in coordination with VRT and COMPASS, should explore grants and other funding opportunities to provide incentives for developers to locate e within areas planned for transit. Develop design guidelines for transit stations. - NEW Consider ACHD's Roadways to Bikeways Plan in all land use decisions. O NEW Assist in meeting the transportation needs of non-drivers. NEW Support alternative public and private sector funding opportunities for t i i ransportat on nvestment. NEW Promote the rail line as a multi-modal corridor. ~. Develop and follow logical master plans for all public facilities, services and f sa ety to guide the growth of the City. NEW Evaluate potential for impact fees for lighting, landscaping, pathways and th d i f ~ ~ e o er pe estr an acilities. Create and annually review master plans for public facilities and services; d up ate as needed. Coordinate with other public utilities and essential service providers at annual e master plan reviews. Identify and prioritize areas for future City expansion. - Develop City utilities in priority areas. Explore options to annex County parcels that are contiguous with City limits to ll . a ow for more efficient provision of City services. Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development ~ . application reviews and development agreements. Coordinate with public works, police, and fire departments on proposed i . annexat on and development requests, and the impacts on services. Review and update existing and future service needs. . Regularly assess law enforcement and emergency service needs. e NEW Continually improve public participation in matters relating to financing, i construct on and location of public facilities. NEW Support expansion of City facilities and staff based on growth. NEW Develop a future acquisitions map that identifies areas for new public facilities. ~ ~ Phase in residential developments in accordance with their connection to the municipal sewer and water system. City of Meridian 2010 Comprehensive Plan p_~ APPENDIX Build services to areas of opportunity and promote future development of commercial, industrial, retail/service and residential to best protect objectives and integrity of Meridian. Locate industrial and commercial uses where adequate water supply and water . pressure are available for fire protection. i Encourage infill development. i ~~ m { 8 # S- ~; ... i ~~ ~ ® ~ Plan for periodic review, monitoring, and updating of land uses within the © . e Area of City Impact and the Urban Service Planning Area. Evaluate the allocation of land uses along the rail corridor, particularly the r th d h UPRR i © - NEW e an o t amount of land envisioned for industrial use; coordinate w stakeholders. Coordinate with COMPASS, UPRR, ACHD, VRT, and private property owners to © ensure land uses that are compatible and will integrate with freight movement . and a future rail corridor transit system. Update the Future Land Use Map to reflect existing facilities. e Annually calculate percentage of each major land use category developed h d i l f © ~ n eac vacant an during previous year and compare to existing supply o category. Locate small-scale neighborhood commercial areas within planned residential . developments as part of the development plan. Amend the Unified Development Code and Future Land Use Map to implement this plan. Encourage high tech, professional employment centers in the northwest . quadrant of our Area of City Impact. Designate land for a variety of uses. ~ Consider Specific Area Plan funding for areas of interest on the Future Land Use Map. Plan for a variety of commercial and retail opportunities within the Area of City © - Impact. Establish industrial areas to meet the employment needs of the City. © ~ Maintain integrity of neighborhoods to preserve values and ambiance of areas. Require neighborhood and community commercial areas to create asite - design compatible with surrounding uses (e.g., landscaping, fences, etc.). Develop standards for integrating higher density residential into existing subdivision development. Require new residential development to meet development standards - regarding landscaping, signage, fences and walls, etc. Enforce City codes. Permit schools, churches, and other public and civic uses in rural areas, that are . e compatible with adjacent uses. D-8 ~ City of Meridian 2010 Comprehensive Plan APPENDIX Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the ~ interface between urban level densities and rural residential densities. Require new residential development to provide permanent perimeter fencing, and fencing to contain construction debris on site and prevent windblown . debris from entering adjacent agricultural and other properties. Plan for appropriate uses within rural areas. Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses. . Permit low-density (one unit per 5-10 acres) residential uses where City services can not be provided. ~ Require rural area residential development to submit alternative development plan to allow for the efficient extension of urban services in the future . (resubdivision plan). Coordinate with Ada County and establish and maintain an Area of City Impact Agreement, to ensure that rural areas are developed in accordance with all . applicable provisions of this plan. Allow residential development in rural areas that are outside the City limits but inside the Area of City Impact, provided that development complies with the - following standards: Within the Urban Service Planning Area one single-family residential house may be placed on a five-acre minimum lot if dry line sewer and water lines are installed for future connection. A concept plan for roads and lots must be b i d h ® . su m tte to t e Planning and Zoning Department showing that provisions have been made to allow for re-subdivision of the property to an urban density as shown in the Comprehensive Plan Land Use map. Within the Area of City Impact but outside of the Urban Service Planning Area, one single-family residential building may be constructed on a five-acre i ® - m nimum lot without municipal sewer and water services being provided if Central District Health Department approves private sewer and water service. Permit recreational uses that are compatible with agricultural pursuits in the . rural areas. Evaluate feasibility of establishing preservation standards and incentives NEW for protecting the long-term use of land with prime agricultural soils for agricultural purposes. .~ ---- Proactively address potential conflicts between incompatible uses. is ~-- - - Require industrial areas to create a site design compatible with surrounding - uses (e.g., landscape, fences, etc.) and community design criteria. Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas. Encourage industrial development to locate adjacent to existing industrial uses. e Require industrial development to conform to Federal and State air, water, and noise pollution standards, and local landscaping, traffic, noise,. and ~ environmental standards. City of Meridian 2010 Comprehensive Plan D-9 APPENDIX Require screening and buffering of commercial and industrial properties to . residential use with transitional zoning. Protect existing residential properties from incompatible land use development . on adjacent parcels. Require screening and landscape buffers on all development requests that are - more intense than adjacent residential properties. NEW Support land uses that do not harm natural systems and resources. © ~ Support appropriate land uses along transportation corridors. ~ ® ~ Review current regulations for issues that would prohibit or discourage the lanned ithi i d d e n areas p w re es type of mixed-use, transit-oriented development for transit. Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas. Identify locations for low traffic-generating uses on key corridors. ~ ~ Restrict curb cuts and access points on collectors and arterial streets. ~ ~ Integrate transportation plans and studies into the Comprehensive Plan and City ordinances. Require appropriate landscaping and buffers along transportation corridor . (setback, vegetation, low walls, berms, etc.). Develop incentives for high-density development along major transportation corridors to support public transportation system. Coordinate with ACRD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and ~ allow only compatible adjacent land uses. Explore with ACRD the possibility of reduced transportation impact fees for ® - NEW development along public transportation systems (existing or planned). x s s Encourage quality housing projects for all economic levels throughout the © © ~ . City. Amend the Unified Development Code and Comprehensive Plan Future Land d © Use Map to ensure a wide variety of housing types can be developed an ~ properly zoned and land is available. Annually monitor building permit activity to ensure a diversity of housing is - being maintained. Identify parts of Old Town to promote for high density residential development. Adopt land use designations that will allow for housing opportunities for all income levels. Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Provide incentives (density bonus, reduced open space requirements, less e impact fees) for infill development. Designate areas for high density residential on the Future Land Use Map. D- I 0 ~ City of Meridian 2010 Comprehensive Plan APPENDIX Require an open housing market for all persons, regardless of protected class, ie: race, sex, age, religion, disability, handicap, family status or ethnic background. Develop incentives for a variety of housing types, suitable for various income grou s p . Ensure that no discriminatory restrictions are imposed by local codes and ordi nances. NEW Look for incentives to encourage the development of accessible, single-family h d i ome es gns. Coordinate public and private housing implementation efforts to improve consist ith l l h ency w oca ousing plans. Review ordinances or other policy statements which affect housing development and consolidate to avoid confusion and conflicting policies and requirements. Diversify and balance the location of up to 1,200 square foot housing throughout the City (e.g., avoid concentration of one housing type in a © - geographical area). Elevate/enhance quality of residential site and subdivision planning. . Require usable open space to be incorporated into new residential subdivision plats. ~ Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and . complete streets. Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. ~ Provide housing options close to employment and shopping centers. NEW Use the Design Manual. . Require common area in all subdivisions. . Re-evaluate residential density categories (i.e., R-8 to R-15 to R-40 is too broad f i U ifi © e o a range) n n ed Development Code. Eliminate vague/unclear standards in development ordinances; keep Unified D l e eve opment Code current and user-friendly. Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on vacant ~ . lots should be considered if: Development of uses other than single-family structures are compatible with ~ . surrounding development. It complies with the current Comprehensive Plan. ~ - NEW Explore the option of the City acquiring vacant lots to hold for future lid i f l ~ . conso at on o ots and / or development. Apply design and construction standards to infilling development in order to reduce adverse impacts upon existing adjacent development. ~ Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near . major access thoroughfares. City of Meridian 2010 Comprehensive Plan p_ ~ ~ .4 PPFNi17X~ Evaluate the potential to use density transfers through Planned Unit Developments in exchange for school sites, open space dedications, or for ~ - access easements to linear open space corridors, which contain bicycle and/or pedestrian pathway systems. Ensure development provides safe routes and access to schools, parks and . NEW other community gathering places. Elevate quality of design for houses and apartments; evaluate the need for . design review guidelines for single-family homes. Ensure that a balance exists between supply and demand in rental market. ~ Identify the current mix of housing types. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. Track vacancy rates, ..., . .. •. Diversify economic base of City -make Meridian aself-sustaining community. Build upon/take advantage of the City's location between Nampa and Boise and promote the regional concept. Provide unique destination-type activities and centers that Nampa and Boise to not offer. Provide incentives and standards to attract high-quality businesses. © ~ Develop and maintain methods to promote the business community (e.g., web e site development, brochures, advertising). Develop a selection criteria list for business types, and incorporate it into the development review process. Encourage high-tech, research, pharmaceutical firms, and high-quality retail © O . facilities. Create a balanced cross section of incomes. ~ Annually monitor changes in income levels. ~ NEW Monitor supply of housing stock by tenure and income. ~ Pursue grants for economic development and public-private partnerships. ~ Form public-private partnerships to support a demonstration project. Develop incentives to attract new and retain the existing institutional, e commercial, and government facilities to remain/locate in Old Town. Promote development of Old Town and encourage infill development. Q ~ e Raise awareness through educational outreach activities to major employers lore x d h i kf fi f e NEW p ng an e ous wor orce t o and policy makers about the bene possibilities for creating /sustaining workforce housing. D- 12 ~ City of Meridian 2010 Comprehensive Plan APPENDIX e _. NEW Promote business retention, expansion and improvement programs. NEW Establish and maintain relationships with existing businesses and industries to deter i m ne present and future needs. NEW Create and maintain a business registry and database. NEW Develop a list of suppliers and partners during retention visits for future target mark t e s. NEW Coordinate with the Meridian Chamber of Commerce to form a systematic b i i i i us ness v s tat on program based on industry clusters. NEW Establish an annual business survey. Create a program of 'Ambassadors' engaging the community businesses in NEW supporting economic development in order to develop consistent leadership and a sense of community. NEW Encourage and provide resources for companies to access a global market. NEW Partner with local, state, regional and federal resources to provide companies with ' h ' a one stop s op for incentives and opportunities. Develop a new business website that reaches an international market and NEW creates a business friendly model of services and delivers comprehensive information about Meridian. Make Meridian a city that embraces and promotes the entrepreneurial spirit NEW with onsite resources targeted to meet the needs of innovative, start-up companies. Proactively streamline government processes, identify and resolve issues NEW and/or concerns before they reach a critical stage, and create an inviting environment within Meridian City Hall as an enjoyable place to do business. NEW Produce a guide for existing and prospective business which includes the it li i perm app cat on process, zoning overviews and economic incentives. NEW Review and adapt to the changing needs of the business community through r i l i p ogress ve so ut ons to government procedures. NEW Identify needs to fill gaps in needed workforce skills to support existing b i d us ness an create innovate training opportunities to fill those gaps. NEW Coordinate efforts with the Department of Labor to determine education and t i i d ra n ng nee s and catalogue to identify deficiencies. Coordinate with all local, regional, and state education institutions to NEW provide job-oriented education and training programs to match existing and anticipated business and industry needs. NEW Provide information on available training programs with local colleges and i ti d organ za ons an provide contact information. NEW Engage all educational levels (K-12) to develop a highly educated and i nnovative workforce with an entrepreneurial mindset. NEW I Create branding, tools, and relationships necessary to attract and recruit new businesses to the Treasure Valley. City of Meridian 2010 Comprehensive Plan D- 13 APPENDIX Develop a specific brand positioning and marketing plan for the City's NEW economic development activities that will identify and differentiate Meridian while clearly defining its opportunities and advantages. NEW Create a GIS database of available properties with detailed information on infra t t s ruc ure and entitlements. NEW Develop a marketing plan and materials for targeted industries D NEW evelop relationships and maintain contact with sources of new business ref l d erra s an opportunistic prospects. D evelop Meridian as an economic development driving force that NEW creates dynamic, sustainable and synergistic environments through the development of industrial corridors and target markets. NEW Explore potential partnering opportunities with like-minded organizations for ur ose f i p p s o merg ng, affiliating, aligning or collaborating. NEW Determine feasibility market for agglomerations based on geographical attrib ti kf u ons, wor orce skills and research and development activities. Create a database of industry clusters in the area with details about their NEW capabilities. The database would create synergies among businesses, as well as attract new companies that would desire the same local talent and research. Identify and allocate locations/inventory for industrial and commercial b i k us ness par s. - m» ~ .>, Support redevelopment opportunities in downtown. © - Research potential sites for parking garages. . Acquire land and develop parking facilities that are available to the public and downtown employers. Provide plazas and public areas for civic activities. ~ - Maintain existing public areas in downtown (e.g., Generations Plaza area, communit t Ci H y cen er, ty all) Research potential sites for ball park and civic center in downtown. . Promote implementation of the action items identified in the Destination Downtown plan. Pursue Community Development Block Grants and other funding sources for improvements in Old Town. Develop programs to encourage and support development of the arts, cultural and educational facilities in Old Town. - Develop incentives to encourage higher density housing throughout Old Town. Develop programs to attract customer-oriented businesses and encourage pedestrian facilities and uses downtown. . e Support compatible uses which will attract a high daytime and nighttime population to the downtown area. - Develop and support downtown cultural activities and events. . Provide signage to attract people downtown. . D- 14 ~ City of Meridian 2010 Comprehensive Plan APPENDIX Establish thematic or uniform signage downtown. ~ Create and adopt specific downtown design guidelines and standards that will ensure that downtown remains the historic center for mixed-use tourism, business, retail, residential, and governmental activities. ~ Create and maintain a distinct identity for downtown through consistent landscaping, street lighting, street furnishings, and rehabilitation of existing buildings. ~ ~. Promote the downtown districts identified in the Destination Downtown plan. ~. ~. ~~ ... _ ._... E.. .,,~ .., ,. Protect and conserve existing waterways, groundwater, wetlands, wildlife habitat, air, soils, and other natural resources. ~ ,. Identify waterways, wetlands, and other natural resources for preservation. Q ~ Identify wildlife habitat areas for conservation. ~ Develop and implement programs to encourage and promote tree health and preservation throughout the City, including along waterways and within proposed development. I imit ranal tilinn anri nininn of rlitrhac r-raakc and r~rainc where nuhli[ Safety ~Rl NI Cit APPENDIXe Actively support owners of historic buildings in their efforts to restore and/ or preserve their properties. Pursue grant funding sources to leverage private resources for restoration and preservation projects. Coordinate with the Historic Preservation Commission to review and comment on all development applications in Old Town and provide a certificate of e acceptability. Preserve and enhance historic and cultural resources. Coordinate with the Meridian Historic Preservation Commission to recommend . e restoration of historical buildings. Investigate tax incentive programs for historic properties. m e Appoint members to and consistently maintain the minimum required membership on the Meridian Historic Preservation Commission to fulfill the requirements of City Ordinance No. 471 and the requirements of the Certified Local Government Program. Undertake programs that will increase the community's awareness of its e heritage and the economic as well as aesthetic value of historic preservation. Conduct activities directed toward stimulating private and public investment in the restoration and preservation of historic buildings, outdoor spaces, and natural historic features. Support the efforts of the Historic Preservation Commission to foster preservation and conservation. Direct all City departments and personnel to seek comments and approval from the Historic Preservation Commission prior to any changes to City-owned e or controlled property (including buildings, outdoor spaces, and natural features). Place informational plaque on historic structures and special sites. ~ Seek funding services for grants to promote historic preservation. e Use the State Historic Preservation Office as a resource. e When appropriate, nominate eligible properties to the National Register of Historic Places. Provide funding to the Historic Preservation Commission through the City's e annual budget. Establish and maintain a system to survey and identify cultural and historical resources within City limits and maintain a local inventory of all identified sites, e buildings and resources. Develop City code to preserve and protect historic and culturally significant structures and sites. NEW Encourage the rehabilitation and restoration of existing historic structures. ~ e NEW Adopt a process to review proposed development to determine if it will . destroy or adversely impact unique geological, historical or archeological sites. NEW Encourage events and activities that celebrate the cultural heritage of Meridian. ~ e t .., D- 16 ~ City of Meridian 2010 Comprehensive Plan APPENDIX NEW Protect public health by reducing ozone, fine particulate matter and other ree h g n ouse gases and toxics in the air. e Implement the City's Pathways Master Plan. © - C di oor nate with ACHD to improve traffic flow, minimize vehicle time spent idling and accelerating and reduce th b e , e num er of single-occupancy vehicles. NEW Promote transportation choices, facilities, and alternatives such as car and van pooling, bicycle racks/storage and teleco i i mmun cat ng. P rt i NEW a ner w th transportation agencies and large employers to promote public awareness of air quality concerns and the need/benefits of alternative e transportation choices, such as car and van pooling. NEW Enforce City policy discouraging unnecessary idling for city fleet vehicles. R NEW esearch utilization/installation of Energy Management Systems in municipal buildin s to t k d e g rac an cut energy costs for lighting and heating/cooling. NEW Pursue Idaho Power's "Flex Peak" program in both municipal; and large commer i l/i d i c a n ustr al facilities. C NEW onvert appropriate municipal fleet vehicles to low-emission/alternative fuel vehicl h f es w en easible. C d oor inate with Boise State University's Small Business Development Center NEW -Environmental Assistance Program to educate design/builders, and small businesses ab t th b f ou e ene its of selecting low greenhouse gas emitting products and appliances. Ad NEW opt a Dust Abatement Ordinance in conformance with the prototype develo d b COM e pe y PASS for governments in the Treasure Valley. NEW Participate with Ada County in publicizing voluntary burning bans when necessary . NEW Provide City services in an environmentally sustainable and cost effective manner . NEW Implement the action items in the City's "Energy Efficiency & Conservation Strate " (M 2010 i gy ay, ) n order to reduce energy costs at municipal facilities. Review the "Energy Efficiency & Conservation Strategy" at regular intervals to NEW assess status of projects and programs and to make adjustments in response to changing conditions and technologies. NEW Obtain and utilize monitoring software to analyze energy consumption in City fa iliti c es. NEW Establish a dedicated, revolving fund based on energy savings to finance conservation ro d p grams an projects in municipal operations. NEW Consider creation of a City Energy Analyst position as identified in the "Energy Effi i & C ' c ency onservation Strategy . Research and compile successfully-implemented, incentive-based energy NEW conservation strategies for use in both residential and commercial settings, from other municipalities. NEW Promote energy conservation. Develop an outreach display/informational kiosk to provide public information NEW on energy conservation. Partner with other entities to provide outreach in other locations such as schools and other public places. City of Meridian 2010 Comprehensive Plan p_ 17 APPENDIX Review and analyze City codes related to lighting standards to insure llations; i t i NEW a ns vate appropriate levels of outdoor lighting in both public and pr to assure the "the right light for the right use" is installed. Encourage the installation of alternative energy (wind, solar and geothermal) in NEW public and private facilities. Seek opportunities for public-private partnerships to develop alternative NEW electricity generating facilities. , EW ... ,~. Y ,.f , ~- ~, ,, Develop and support marketsafor recycled materials and products. Investigate opportunities with otherjurisdictionssnd private refuse contractors e NEW for waste reduction and recycling "messaging". Establish solid waste fees that encourage waste reduction and recycling ("pay e NEW as you throw"). Develop, and implement public education and outreach activities to raise NEW awareness on waste reduction, reuse, recycling, and toxic reduction. NEW Establish recycling/diversion and hazardous waste disposal goals. Utilize the EPA waste characterization study for guidance on targeting specific NEW recyclable waste streams. Assure that opportunities are available for proper disposal of target priority nd d NEW gas, a waste streams such as mercury, used oil, fluorescent lamps, use waste tires. Work with local stakeholders to develop public education campaigns regarding dous f h l NEW azar o the importance of and opportunities for the proper disposa waste. i li NEW es. c Enhance existing City recycling and procurement po Partner with City's waste contractor on developing and implementing NEW composting program. Procure specific recycled content and less toxic materials (internal recycling/ NEW sustainability programs). Optimize green building strategies in municipal buildings, both existing and NEW new construction. Work with developers, builders, educational institutions and local public ildi b NEW ng u utilities to research and integrate new and emerging green technologies. Evaluate using LEED Green Building standards and other adopted development and construction standards with understood and accepted tools and NEW performance criteria (e.g., ANSI/ASHRAE/IES Standard 90.1-2007, Energy Standard for Buildings) in municipal facility/building construction projects. Work towards Energy Star rating for municipal buildings and facilities where NEW applicable. Incorporate Low Impact Development (LID) technologies on City financed NEW construction projects. ~\ D- 18 ~ City of Meridian 2010 Comprehensive Plan .-. ~-. /'- /'~ .-. .~. ~. ~. ,~•. .~. r-~ ,~. ~-. ~-. .~ ~. .~ ~-. .•. .-. is ,.-. ,.. .~. .~ .~. .~. .~ r~ .. .-. .-. ~-. APPENDIX Develop pilot construction project demonstrating the effectiveness of NEW managing runoff, reducing construction and maintenance costs, and enhancing communities via adoption of LID approaches, strategies and technologies NEW Strive to optimize energy efficiency in both residential and commercial construction (exisiting housing stock and new.) NEW Partner with regional stakeholders to increase public awareness of the benefits of green. NEW Create demonstration projects incorporating water and energy conservation; and energy efficient construction methods and materials. NEW Develop informational kiosk on green building strategies, and rotate throughout the community in a variety of venues. Take advantage of new technologies and advancements in building science in order to promote whole-building approach to sustainability by recognizing l health: sustainable nt i d f h fi k NEW env ronme a uman an ve ey areas o performance in site development, water savings, energy efficiency, materials selection and indoor environmental quality. NEW Explore funding opportunities to retrofit a Meridian public building to improve energy efficiency. Develop cooperative relationships with Northwest Energy Efficiency Alliance, NEW Energy Policy Institute, University of Idaho Design Institute and Idaho Energy Collaborative in order to leverage resources and opportunities for projects and public education, outreach events and initiatives. Capitalize on the opportunity to showcase alternative energy resources at city l e NEW s, facilities, parks, and buildings where applicable (wind turbines, solar pane etc.) Establish Low Impact Development (LID) strategies with comprehensive land NEW planning and engineering design in order to mimic the pre-development hydrologic functions of the urban landscape, in order to achieve superior environmental protection, while allowing for development to occur. NEW Identify funding sources and appropriate partners to stimulate energy efficient e retrofits in existing housing stock. Review ordinances, code, and conditional use permits to ensure there are no e NEW stumbling blocks to implementing green building, energy efficient strategies and incentives. Revise development policies, codes, growth and management plans to NEW provide for implementation of appropriate Low Impact Development (LID) technologies in managing storm water at its source and collection of rainwater for secondary use. ,~. a;, NEW Protect public health and watersheds through adequate treatment and disposal of wastewater. NEW Anticipate future needs by adopting and implementing the Public Works Department's revised Sewer Master Plan and Wastewater Facility Plan. NEW Provide cost effective and environmentally sustainable wastewater service to citizens and business. NEW Adopt and implement a reclaimed wastewater master plan. City of Meridian 2010 Comprehensive Plan D- 19 APPENDIX NEW Consider initiating a pilot program to convert treated biosolids into compost. NEW Eliminate existing inadequate private treatment systems in the City and discourage their use within future City limits. NEW Expand the use of recycled water throughout the City. NEW Utilize "closed-loop" systems to reuse or recycle the waste stream. NEW Explore alternative, sustainable energy sources including co-generation of ~~ ~ power from waste processing byproducts. ,_;: - NEW ~ Protect the quality of source water. NEW Ensure that new development is connected to the City's sanitary sewer system (no septic systems). NEW Develop a source water protection plan. NEW Coordinate with Idaho Department of Water Resources on reducing the proliferation of private wells in the Area of City Impact. NEW Provide water in a cost effective manner. NEW Develop and implement a water supply mater plan. NEW Assess and provide new water sources. NEW Conserve existing water supplies. NEW Adopt and implement the Public Works Department Water Conservation Plan. Reduce reliance on City water (potable) for irrigation through use of recycled NEW water, public education and adoption of water conserving landscape guidelines. NEW Initiate a public outreach program on water conservation. NEW Establish and implement a Comprehensive Surface Water Protection program. Develop framework and components of a comprehensive surface water protection program including Storm Water protection, Floodplain NEW Management and stream and riparian protection and restoration in order to satisfy the City's requirements under the Clean Water Act, FEMA, and the National Flood insurance program. NEW Identify waterways, wetlands, and other natural resources for preservation. NEW Develop policies that limit canal tiling and piping of creeks, drains where public safety issues are not of concern. NEW Provide incentives for developers to grant conservation easements along creek-side corridors NEW Incorporate creek corridors as an amenity in development design. NEW Adopt and implement the Public Works Departments Water Conservation Plan. D-20 ~ City of Meridian 2010 Comprehensive Plan APPENDIX NEW Develop and implement Low Impact Development (LID) strategies in storm water drainage systems that are administered by the City of Meridian. NEW Develop and cultivate partnerships with local and regional stakeholders on public education campaigns for water conservation and water quality. NEW Work to eliminate older, inefficient septic and private treatment plants; connect users to City wastewater system. . ~ x. ; .. °.« u Provide for park acquisition and maintenance to meet projected demands. Require open space areas within all development. . Update and maintain existing parks and recreation facilities to meet all re ul t f d g a ory, sa ety, an quality standards. Support funding of Comprehensive Parks and Recreation System Plan projects d an programs. Annually review, update and implement the Comprehensive Parks and R ti S ~ ecrea on ystem plan. . Identify and require future park sites using information in the Comprehensive P k d R ~ ar s an ecreation System and on the Future Land Use Map. . Consider population/housing density when acquiring future land for parks and recreation. ~ Throughout the City, develop all park and recreation land to provide di it f vers y o uses and activities. Identify and provide for the recreation needs of all citizens. ~ . Review possible sites within City for developing an indoor multiple use facility. ~ - Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle. ~ - Develop indoor/outdoor multiple use facilities (i.e., recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports ~ . purposes and uses. NEW Create parks that encourage year-round use and multi-sensory play. Provide a variety of park types (neighborhood parks, community parks, r i l k i eg ona par s) nterspersed throughout the community. Plan and expand services as part of the development process. © ~ - Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. ~ . Work with new development, ITD, ACHD, COMPASS, Ada County, and other entities to identify partnership opportunities. Require that development projects have planned for the provision of all public e services. Require adequate fees from new development to fund expansion of services. City of Meridian 2010 Comprehensive Plan D-21 S DnF TT71~Y~ Cooperate with other agencies and service providers around the Valley. Support joint use agreements with the Meridian Joint School District No. 2, Western Ada Recreation District, ACHD, irrigation districts, and other private and non-profit entities. Communicate with essential service providers and local decision-makers to coordinate planning efforts and direction of growth. Service providers include: Fire Department, Police Department, Public Works Department, ITD, ACHD, COMPASS, VRT, Irrigation Districts, Ada County, St. Luke's Hospital, t i Di , str c St. Alphonsus Hospital, Joint School District No. 2, Meridian Library Idaho Power, Qwest, Intermountain Gas, Solid Waste (SSC), Emergency Medical Services (EMS), Idaho Department of Health and Welfare, Department of Environmental Quality, Central District Health Department, and U.S. Army Corps of Engineers. Coordinate with irrigation districts to implement the proposed pathway network along irrigation canals, ditches, creeks, and easements. Schedule regular meetings with City and County planning staff to discuss e projects and joint planning efforts. Participate in transportation planning efforts. ~ ~ NEW Coordinate the City's Capital Improvement Plans (CIPs) with ACHD's projects. Address the Area of City Impact boundary with Ada County and the Cities of . Eagle, Boise, Star, and Kuna. Coordinate with transportation agencies to ensure provision of services and ~ . transit development. Coordinate with the City of Nampa and Canyon County on land use, ® . transportation and emergency services issues. Coordinate with appropriate agencies on master planning and long-range . e planning efforts. Ensure that other City departments, area agencies and service providers 's th Cit i i t i e NEW y n e pa e c are informed about and have an opportunity to part development review process. # # li l NEW aces. c p Provide art in pub Provide both permanent and rotating works of art in City Hall and other public NEW places. Encourage public art be integrated as a component of community ~ . NEW development. NEW Evaluate and establish a percent for art ordinance. NEW Establish an Art and Cultural District e NEW Provide local artists opportunities to showcase their work. e NEW Find a way to fund a civic center -home for the arts. e F ti ~ ~ - «~: D-22 ~ City of Meridian 2010 Comprehensive Plan APPENDIX NEW Provide a diversity of education and art experiences for all residents. e NEW Develop and offer youth art opportunities at and after school. e NEW Provide arts education for adults and seniors, and partner with other community organizations to support and encourage arts programs. e NEW Present a variety of performing arts locally. e NEW Sponsor performing arts in partnership with community organizations. NEW Raise awareness and promote existing arts offerings and artwork within the community. NEW Reduce the threat of loss of life and property from hazards. Plan and allow land uses surrounding Waste Water Treatment Plant to reduce hum © ~ an exposure to odors. - Require industrial uses to conform to disposal, spill and storage measures as outlined by the EPA. ~ Discourage residential areas in close proximity to Wastewater Treatment Plant. NEW Work with ITD and ACHD to ensure highways and roadways are as safe as ossibl p e. NEW Compose a hazard response plan with Fire and Police departments. ~ . NEW Work with Idaho Power to ensure that a National Interest Electric Transmission Corrid d or oes not traverse through Meridian. NEW Locate areas below canals and laterals that could be damaged if the slope is com r i d p om se . NEW Define, locate, and map hazardous areas. Compose and implement standards and mitigation measures for development NEW near the Northwest Pipeline and the liquefied natural gas tank in northwest © . Meridian. Enact land use ordinances, policies, fees and make decisions, including NEW land use restrictions and conditions of approval, that do not violate private property rights. Conduct regular training with City staff to ensure that they properly adhere NEW to and apply provisions of Idaho Code §67-8003 in land use planning and Q . development review processes. NEW Review policies, the Unified Development Code, and other regulations for consist ith Id h C ency w a o ode. NEW Encourage property owners to preserve and maintain their property for use of future generations. ~ NEW Preserve private property rights and values by enforcing regulations that will r t d i i p even an m t gate against incompatible and detrimental neighboring uses. City of Meridian 2010 Comprehensive Plan D-23 A PPFNn7X~ S , a, , ~~' ~ '~• S. .. ,. .. . Advance, support, and promote development of planning and economic . development tools. Keep current the Unified Development Code and Future Land Use Map to implement the provisions of this plan. e Support the Economic Excellence team. Maintain, update and find better ways to use Geographic Information Systems . e (GIS) in everyday City business and project-specific purposes. Develop and adopt new procedures for engaging the public in land use li it d f NEW c so orm an planning processes by using a variety of methods to in comments. Update the Unified Development Code to establish incentives and regulations Q NEW for small-scale or specialized agricultural operations in certain parts of the City. Integrate land use and transportation planning to ensure that they mutually 0 support the communities' goals and desires. Review the status of the Comprehensive Plan implementation plan to ensure NEW steady progress. Require that the Planning and Zoning Commission budget include detailed review of the adopted Comprehensive Plan at least once a year and that the budget decisions explicitly reflect support and advance of the Plan as the primary factor of approval. Require that public meetings be held regularly to review the Comprehensive e Plan and to promote a better understanding of the plan and its purpose. Conduct work sessions with area cities and counties as needed to better e coordinate planning policies regionally. Organize and fund committees or special commissions consistent with the provisions of this plan. Require that the Unified Development Code and all other City and County e ordinances are enforced. Educate the public and advisory boards so that they understand the Comprehensive Plan's legal elements and intent. D-24 ~ City of Meridian 2010 Comprehensive Plan APPENDIX Implementation Plan NO Objectives Action Items Economic Development El Land Use Natural Resources & Sustainability Public Safety Public Facilities and Utilities Transportation Parks and Recreation Historic Preservation / Special Areas Housing Community Design / Livability Population / Demographics Government All City of Meridian 2010 Comprehensive Plan D-25