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2022-10-18 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 18, 2022 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS To join the meeting online: https://us02web.zoom.us/j/88029902800 Or join by phone: 1-669-900-6833 Webinar ID: 880 2990 2800 PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault (5:09 p.m.) Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the October 4, 2022 City Council Work Session 2. Approve the Minutes of the October 4, 2022 City Council Regular Meeting 3. Findings of Facts, Conclusions of Law for Linder Village South (SHP-2022-0012) by KM Engineering, located at 1268 W. Orchard Park Road, near the southeast corner of N. Linder Rd. and W. Chinden Blvd. 4. Findings of Facts, Conclusions of Law for Linder Village West (SHP-2022-0011) by KM Engineering, located at 6192 N. Linder Road, near the southeast corner of N. Linder Rd. and W. Chinden Blvd. 5. Public Works Agreement with Knighthill, LLC to Accept Payment in Lieu of Installing Streetlight at Knighthill Subdivision Lot 8 6. Cooperative Agreement Between the Western Ada Recreation District and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities 7. Interagency Mutual Aid and Memorandum of Agreement for Peace Officer Training between City of Meridian and City of Nampa 8. Subrecipient Agreement between Jesse Tree of Idaho, Inc. and the City of Meridian for Emergency Housing Assistance Grant Funds 9. Purchase Order Request for Hughes Fire Equipment for One (1) new Enforcer Pumper KB802 truck for the estimated amount of $793,709.00 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Community Development - Staff Report Format Discussion 11. Meridian Police Department and Idaho Humane Society: Presentation and Discussion of Proposed Dangerous Dog Ordinance 12. City Attorney's Office: Proposed Updates to Meridian City Code EXECUTIVE SESSION 13. Per Idaho Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun In to executive session: 5:42 p.m. Out of executive session: 6:10 p.m. ADJOURNMENT 6:11 p.m. Meridian City Council Work Session October 18, 2022. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, October 18, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Caleb Hood, Bill Parsons, Berle Stokes and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault (5:09 pm) _X_ Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is October 18th, 2022, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the agenda as published. Borton: Second. Simison: Motion and second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 4, 2022 City Council Work Session 2. Approve the Minutes of the October 4, 2022 City Council Regular Meeting Meridian City Council Work Session October 18,2022 Page 2 of 26 3. Findings of Facts, Conclusions of Law for Linder Village South (SHP- 2022-0012) by KM Engineering, located at 1268 W. Orchard Park Road, near the southeast corner of N. Linder Rd. and W. Chinden Blvd. 4. Findings of Facts, Conclusions of Law for Linder Village West (SHP- 2022-0011) by KM Engineering, located at 6192 N. Linder Road, near the southeast corner of N. Linder Rd. and W. Chinden Blvd. 5. Public Works Agreement with Knighthill, LLC to Accept Payment in Lieu of Installing Streetlight at Knighthill Subdivision Lot 8 6. Cooperative Agreement Between the Western Ada Recreation District and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities 7. Interagency Mutual Aid and Memorandum of Agreement for Peace Officer Training between City of Meridian and City of Nampa 8. Subrecipient Agreement between Jesse Tree of Idaho, Inc. and the City of Meridian for Emergency Housing Assistance Grant Funds 9. Purchase Order Request for Hughes Fire Equipment for One (1) new Enforcer Pumper KB802 truck for the estimated amount of$793,709.00 Simison: Next item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda, for the Mayor to sign and Clerk to attest. Borton: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Meridian City Council Work Session October 18,2022 Page 3 of 26 10. Community Development - Staff Report Format Discussion Simison: So, we will move into Department/Commissioner Reports. First item up is with our Community Development Department, staff report format discussion. Turn it over to Mr. Hood. Hood: Thank you, Mayor, Members of the Council. Bill and I are here this afternoon to talk to you about our staff report that you are familiar with and you see pretty -- pretty much on a weekly basis. We have received some feedback -- well, really, ever since the template was developed back in 2018, but even more recently we have -- we have received some feedback from some of you, some members in the community and our own internal staff have even had some comments about how we could make it better. So, we looked at this as an opportunity to innovate and improve that template and we want to run some things by you here this afternoon. Really we look at it as there is -- there is four users and I just mentioned most of them. First of all staff. So, we want to make it user friendly for staff to compose it and to update it. They still have to do some work. There is still analysis that has to be done. But from putting together the original staff report to updating it with Planning and Zoning Commission's recommendations through the findings document, trying to make that as easy as possible technically to get that done and, then, you have got the applicant; right? We want the applicant to understand what's being written in the staff report and the same being the public. The public doesn't read these types of technical reports very often, so we want to make sure that it's clear and concise and the information is upfront and -- and easy to understand and, then, kind of the same thing for even our elected and appointed officials. Easy to find information. It's all right there. You know what the issues are going into a project or where staff -- staff is at in recommending approval or denial or-- or continuance. So, with those users in mind, then, and our processes with Project Docs and Accella and a lot more online information, we are getting comments from other agencies and -- and Bill will get into this a little bit more, but -- but comments are being submitted separately and we can simply put hyperlinks to some of those things in the staff report. Fire department submitted conditions. Click here and it will -- it will push you to that document and it just opens it up as in -- in a new window or whatever and you can read the -- the conditions from the fire department as an example. So, we really are trying to make the staff report not 50 pages long, but maybe five or six or ten pages long and if you want more information on a specific thing you click that and it takes you there and you can come back and keep reading and you want to click on that you can go back. But it-- but it has -- the meat of the staff report is still one document, again, five, six, seven, eight, ten pages, but the more information is located in separate exhibits if you will, including the exhibits for the most part. And, again, we will get into that. Bill is actually going to go line by line practically through the existing staff report and show you some of the things that staff is proposing we change. So, there is kind of different levels of this, things that we are pretty-- I will just say passionate about changing, things where we could potentially change, but we want your feedback on and, then, there may be things that we are planning today that sort of gloss over and you are like, hey, you know what, I never really liked how this worked. Can we move this or just delete it all together. So, those are kind of the -- as we are going through this Bill will kind of tell you, hey, we would like to move this or we are going to move that or, you know, Meridian City Council Work Session October 18,2022 Page 4 of 26 again, stop us if we -- we kind of get out of -- out of order there. But, again, we are open to other comments and improvements or changes. So, I'm going to take some notes. Let Bill run through this. We will follow up, then, after this meeting, we will get together, make some more changes based on how this discussion goes. I have some follow up kind of survey questions I would like to send out to you that are a little more specific and I would like you all to kind of respond to those and, then, we will consider those. Our goal right now is to have this new template updated and be using it January 1 . So, it gives us a couple few months to, again, hear -- hear feedback and -- and work out some of the technical issues we are having with maps and links and clipping things and hiding things potentially. But, anyways, that's kind of the opener and unless there is any initial comments I'm going to turn it over to Bill to kind of run you through potential changes. Parsons: Thanks, Caleb. Appreciate that. Mayor, Council, pleasure to be here with you this afternoon. As Caleb mentioned to you, we started this off in '18 and we -- we really did it to get more information out to not only you, but also the public, so that they could get educated on the process. We heard from some of you a couple of months ago and that's what kind of spearheaded our effort that we are sharing with you this evening -- or this afternoon I should say and Caleb and I have met with not only planning staff, but other city departments as well to get -- to garner some of their feedback and that's what I want to share with all of you and, then, obviously, we want to get some more information from you as to whether or not you feel the information we currently have in the staff report is needed or necessary or can we present it in a more modern way, so to speak. I would also mention to you that all the exhibits and everything that we have in the staff report is part of the public record. It is -- it goes to Iaserfiche from our electronics -- the software -- our enterprise software that we use and that's why we want to see if there is a way we can condense our staff reports, but get you that same information just viewing it differently. So, this is the -- the first page of the staff report. Like Caleb mentioned, I will -- probably won't go through everything line by line, but there are specific sections in the code that I want to highlight and get some feedback from the City Council today. So, if -- if you -- if you recall -- I will scroll down to this -- this page here. One of the changes that we are proposing is right now we have a lot of the applicant information here. What we do in planning is as we process an application we actually create a report out of Accella and upload that into our Project Doc software with all of that information and, then, that gets uploaded as part of the public record into laser, which all of you get a link -- a link to that information and so, really, it's -- it's more information for all of you, but we are proposing to actually move it here at the beginning of the staff report. It seems to fit better in that section and eliminate all of the other additional work that we have to do to manually input that information from -- from Accella. Two, if we added a planner e-mail a lot of times we just have our number, but a lot of times people like to converse with us through a-mails these days, so we will add that as a -- as an added benefit and, then, also add a GIS link to -- so, we do have this vicinity map here in the right-hand corner. Also be nice to provide that GIS link for all of you to click on early and then -- in the report so you can see where it's situated or if you want to blow it up and see what's occurring around there. Not only will the public have the ability to do that, but so will you and -- and staff. So, we thought that was a pretty good enhancement. Currently this next area is something at least I will -- I will skip section one really. It's pretty self-explanatory. That's where we just tell you Meridian City Council Work Session October 18,2022 Page 5 of 26 what the applicant's applying for. This information really coincides with the project description that we send to the city clerk as part of your agenda. Item number two is where we spent a lot of time back in 2018 and we came up with this section specifically to get you more information and highlight issues for you, so you -- and get you to the right sections in the staff report. So, the -- the four items that I have highlighted here will coincide with those maps further in the report. So, back in 2018 you asked for a zoning map, comprehensive plan map, an aerial and, then, also a plan development map and we added those as Section C below. Well, what we are proposing to do is maybe eliminate those exhibits or combine those or potentially just provide links here for you to view that information, rather than having the physical map in -- in the document. Again, we are working with GIS to try to remedy that to see if we can physically do that, but that's one idea that we want to have and, then, as we get down to that section I wanted to see if -- if Council still -- I wanted to get your feedback on the -- the number of maps that we include in our staff report and if you still find value in that or not. Hood: Maybe, Bill, before you move on -- so, just to drive that point home a little bit, can you scroll down a little bit? The -- and I know you all have seen this before, but it really frees up some space if we can just make those maps hyperlinks. We lose almost a page right there just with those four maps. So, if we can make that a line and a hyperlink to say, hey, you know what, I wonder what we approved over the last couple of years or you can go to the proposed -- or the recently approved projects link and look at that map, rather than having it embedded in the staff report. So, just, again, if it frees up some area. Parsons: Thanks, Caleb. Appreciate that. And, then, we just aligned things a little bit better. So, for example, we moved -- some of the history was at the bottom of this table. We moved to the beginning. We felt that was relevant. So, you can know what -- what's occurred on that property over the years and this, again, aligned a lot of this with what the applicant provides with their application submittal. We still find -- staff still finds there is some value here. Gives you a quick summary of the project and you get to put a quick overview of it. That's all concise on a table and also helps residents or neighbors that are -- are chiming in or weighing in on applications as well. The one thing that we did add was a pre-application meeting date. I think that's important. I think the Council realizes sometimes we come before you and we let you know that we have talked about certain items at a pre-application meeting and either the applicant's complied with our request or they haven't. It's -- it's a good -- we felt it was appropriate to add that to this table, so that we can convey that to you earlier in the report and reasons why the applicant may or may not want to comply with staff's recommendation. Hood: So, again, Bill, I'm going to interrupt real quick. And -- and the other thing we talked about doing was not only putting the date, similar to the neighborhood meeting date, but, then, also hyperlink. So, if we had two or three application meetings with them, you can go and read staff's notes. Oh, the first time they talked about this and asked the applicant to change that. Second time they still hadn't changed it. Third time they still -- or whatever the case may be. But you have access, then, to that history of the pre- application meetings and if you wanted to dig deeper and said, hey, this has been an Meridian City Council Work Session October 18,2022 Page 6 of 26 issue for the last six months and staff told you for the last six months this is what you can expect in the staff report, you have fingertip access to it. Parsons: And, then, also further in the report we also identify for you when the site's been posted, when it's been put in the paper, when it's been put on NextDoor. Again, we are going to simplify it, simply just have site posting and provide a hyperlink to the web page, so that you will -- again, the clerk keeps track of all of that as part of the public record and so if we create that link someone can click on it and see that the site's been posted properly in accordance with city standards and I will scroll quickly -- quickly down to the staff -- through the staff report here and you will see that. Again, not a lot of effort to put in those dates, but still -- you still -- there is some work here. So, again, to Caleb's point, it just allows us to compress the staff report when we already have the record --the clerk's keeping track of that as part of the public record. Moving on to Section B is the community matrix and this was something that was reviewed pretty heavily back in 2018. Not only with all of you, but also -- also with the various departments. I remember being in front of all of you and asking you what -- what you wanted included and we even had directors speaking at that -- some of those hearings saying what they wanted included. But to Caleb's point -- earlier point is a lot of these comments we get are already provided separately by our city departments or outside agencies. So, in our mind it's duplicate work. We have it as part of the public record. It's included with the clerks. If an applicant doesn't give us information we don't fill it out, so there really is no value add to it and so this is where staff would like to really look about redoing this section or eliminate some of these items and keep the most important criteria in play for you. So, for example, this distance to key services, internally we have what we call a -- the service accessibility report that we use with our GIS mapping and that's where we can determine what is -- how many sidewalk -- is it walkable? Are there services? Where is the nearest park? We can do all of that just by clicking on the parcel and running a report and providing that information. So, again, if that is an issue with a specific project, if we are not growing in the right location in the city, we can run that model and share that with you that this is not a good location, doesn't have adequate services to meet our goals of our strategic plan -- our Comprehensive Plan. ACHD -- I think all of you are familiar with their staff reports. They give us a pretty comprehensive staff report. So, really, the most important thing in our mind is have we received information from them on the application and if there is any concerns we can highlight that here. Hood: So, again, just real quick on that one. So, we are proposing to remove quite a bit of the summary information that is contained, but buried, I will be honest, in ACHD's staff report. So, how useful are some of those things -- again, you know, access -- you know, it -- it's on Locust Grove and Fairview, you know, those types of things. I mean it's in -- it's in there. What we are proposing again for streamlining purposes, like Bill says, it can be found somewhere else, but it's not like it's -- it doesn't just pop in the ACHD staff report. So, this would --would make it--or are there other things regarding streets and roadways that you would want to see replace these things that we are proposing to remove. Strader: Mr. Mayor? Meridian City Council Work Session October 18,2022 Page 7 of 26 Simison: Council Woman -- Council Woman Strader. Strader: Thank you. Thanks, Caleb. Thanks, Bill. This is great. I appreciate you guys focusing on this project. I know something that Bruce and I talked about quite a bit. One of the pieces of feedback I had early on in the -- like much earlier in the year was I'm all in favor of eliminating all of this with links instead. I just want to make sure that there is a section up front with bullet points where we are highlighting key issues for discussion. So, I don't want it to be that, oh, ACHD had a major issue and we only can find out by going through the link to their staff report. I -- I think it's appropriate that there are -- and, again, I -- I'm personally really a fan of bullet points and -- and really I -- honestly I like the summary we get before our City Council meetings. So, getting closer to that. But just having a section on the first page or second page that says key issues for discussion. So, you know, we understand that this information is all -- and I would -- I expect everyone's digging through these things anyway, but just so you are calling those things out up front was one thing I would like to see. Hood: Mr. Mayor, can I build on that and just a thought a little bit. Because we -- we thought about that, too. I guess what I would propose and need to fully think that through is even with the project description kind of getting first page right there, we can describe the project and say -- even put staff's recommendation right there and then you know what you are getting into. Is it a recommendation for approval or denial? And if it's denial, then, here are some key issues. Even approval there could be still key issues or -- or like our hearing outline, things to discuss type of bullet points. So, that's what I guess I would propose is let's just move -- let's move it right to the beginning. Here is where we are at. Cut to the punch line initially. I hate to do that on one hand, because you want people to kind of consider everything and almost draw their own conclusion, but we could put it right there. Strader: Yeah. No, I -- so, Mr. Mayor, if it's all right. Simison: Council Woman Strader. Strader: Thank you. I love -- I just -- the closer you can get to a strengths and weaknesses type of assessment the earlier on the better. You know. And understanding that we may not agree with your, you know, staff's opinion. Most of the time I think we would, but I think just highlighting those key issues and, yeah, just cutting down on the length of this report I -- I think is going to help your department so much just to be more efficient and I get bogged down in this stuff. The only other piece of feedback I had early on -- and I mean you will probably get to it later, because I think it was usually at the end, but I just wanted to get rid of all of this -- I don't want to call it crap, because the Comprehensive Plan is very important, but all the verbiage in the -- about whether it's meeting Comprehensive Plan policies, I just wanted actually to know if it did not meet a policy. Like that -- I -- I assume it does, so if it doesn't that's the only thing I want to hear. That -- that was my only feedback. Meridian City Council Work Session October 18,2022 Page 8 of 26 Hood: So, Mr. Mayor, just an initial response. And you are right, Bill is going to get there and we do have something pretty innovative I think. Just -- just a quick comment. The comp plan isn't black and white. It's not the code. So, compliance is in the eye of the beholder sometimes. So, I think we are still going to have to do some analysis as staff and say we believe it's in compliance with this policy, but you could see that a different way. So, we are still proposing to include some applicable policies there that say here is what the comp plan policy says, here is how we think it's applicable to this project. So, let -- let's look through it, we can talk more about that when we get through it, because I think the way we have this organized now I think will help some of that. Parsons: Yeah. Just going back to your earlier point about issues or concerns, I was thinking that we could do the same thing with ACHD's comments. I mean we have that with the Police Department or, you know, impacts or concerns under our wastewater and water, we can do the same thing for ACHD issues as well and share that with you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Real quick. I -- I like the key points. You do that with the Planning and Zoning minutes. So, when I go through I see the key points of discussion or something -- I can't remember how you worded it, but that way when you go back into it you are going to -- oh, I want to look for that discussion and understand what was going on with that issue in particular. So, if it's something similar to that that helps, because, then, you can go in and look for items if ACHD had an issue and whatnot and on the Comprehensive Plan, just to speak to that, I think we have to think about all the audiences and Comprehensive Plan sometimes with outside audiences, you know, the -- the public may want to know does it meet the Comprehensive Plan. Caleb's right, it's -- you know, it's not the law, but, you know, that is going to be part of the discussion. So, I want to make sure it's informative for those who don't deal with it all the time and -- and, Mr. Mayor, just to bring up one other item. We are on page two here. We have 19 pages to go. We have two other items, so I just -- Hood: Really don't. Hoaglun: Okay. I was just kind of curious, like do we -- how fast do we need to go? Hood: That may help. Can we have another five or six, seven minutes, though? Is that okay? Simison: Yes. Hood: Just one thing. Back to Council Woman Strader's comment on this entire section then. You know, we have --we left in distance to fire stations and fire response time. But, really, if you don't want any of those kind of sub summary sections, we could get rid of this whole table, because we have in the next section or the section after that click here Meridian City Council Work Session October 18,2022 Page 9 of 26 to see fire department comments. Click here to see police comments. So, if we -- we tried it for a few years and we just don't think this is helpful and, again, we left what we think are some of the key ones that come up from time to time that at a glance, okay, where is the nearest fire station or what's the fire response? But, again, if that's what we are left with there is not much of a table anyways, so we could just get rid of this whole section. As an option. But I don't know how -- sorry. Cavener: Mr. Mayor, I can -- I can wait until the end for comments or I can -- I guess I have got a very specific comment about this right now if it's appropriate. Simison: Go -- go for it, Mr. Cavener. Cavener: Thanks. So, Caleb, I guess I will be the --the -- the other--the other argument, then, on -- on this particular issue and I find that this document here with all the proposals to strike incredibly helpful to me, but I -- moreover, I think it's incredibly helpful to -- to the public and I think that's the big question that the Council probably needs to wrestle with and staff needs to wrestle with is who are we creating this document for? To me I think that if we are creating it for the public first, making this information available, not having to click links, not having to go hunt to get those answers, should be our priority. So, I'm not supportive of us striking all of these things. There may be some that you feel aren't as necessary, but I think to provide a -- I think this was initially proposed -- the term that was used was a dashboard to make it easy for the public to view this information. I think that we have accomplished that. So, I would be very reluctant in trying to move away from this unless there was a compelling reason. If we are hearing from the public that it's hard to understand or they are not getting their information, well, certainly let's make changes. But I think that the -- the section two is incredibly helpful and -- and I don't -- I guess I'm struggling to understand the reason why we would want to do away with it. Hood: So, Mr. Mayor, can I respond a little bit there and -- and just in the interest of time as well, I think what I will do is we will -- this will be part of our survey and I will ask you all to rank these things. You know, scale one, two, three, absolutely must keep, two, and whatever and three please get rid of and, then, we will compile that and we will sort of do a majority rules type of a thing and whatever you think is important information will remain and whatever scores low we will remove. So, that's what I guess I would propose in this survey. We will get more feedback that way, so -- Parsons: Well, just to put a finer point on your discussion, Councilman Cavener, that's why even at the wastewater and the water comments we struck out some of those items, because, like you said, people don't understand that jargon and this is a simple -- trying to make -- simplify the document for people to understand that and that's why Public Works was supportive of just saying is it consistent with the master plan, yes or no, and, then, highlight any concerns for you guys. So, I think there is probably a hybrid here to sum up the conversation. But, again, Caleb will get that survey out to all of you and we can get your feedback. So, we -- we have already touched on a lot of these sections and now I will get to kind of the -- the meat of the discussion going back to Council Woman Strader's comments about combining the Comprehensive Plan and the UDC section Meridian City Council Work Session October 18,2022 Page 10 of 26 together. It really is all staff analysis and when we sat down and looked at this section we realized that we are -- we are doing duplicate work. We are explaining how it adheres to a comp plan policy and, then, we are going down and explaining to you how it meets the comp plan and, then, how it meets the UDC, when we could probably accomplish a lot of that and we have said we can innovate this section and just call it staff analysis and, then, I kind of draft -- mocked up a -- a sample of what that can look like under A here. So, if there is an existing residence you can say that it's going to hook up to utilities. We have plenty of comp plan policies that encourage in-fill, that encourage extension of public facilities. So, I thought this was a good way that we could do that and kind of bridge that gap, kind of marry those two things a little bit better and -- and innovate that and really show the -- not only you, but the public how the two documents work together in -- in tandem. It's not one above the other, it's really both of them working in unison to --to one another. We have -- we have a vision and, then, we have law that supports the vision. So, that's what we are trying to do here in this new section. And, then, also, as you know, we have new planners and so think about -- the way I'm looking at this document is it's also a good training document. You create a consistent process. A new planner that comes in doesn't know all the different code sections or what to address in a staff report. Well, now we have a lot of these built in in alignment with that and they know if something's applicable or not. The goal here is -- is if it's not applicable we will keep it hidden; right? We will have open -- you can expand the field or hide the field in your staff report and you create this template that's useful for everybody. It's consistent. It's one format. It's one layout. And if it's not applicable you hide it and if it's applicable you highlight it and you -- you -- you explain why it meets or why it doesn't and you put in that comp plan policy that supports that. So, any discussion on -- Hood: So, Mayor, if I can just -- I will put a little bit finer point on that. It's -- it's fine, Bill. So, to Bill's comments a little bit, this is laid out just like the UDC is. So, it's everything that should be evaluated on a project and if it doesn't apply you can just remove it. But you don't miss anything then. It-- it goes and it's in chronological order of how you define it in city code. So, it's section two, three, four, five, six and it's in order. The comp plan isn't necessarily aligned that way, but we have an Excel table that this -- that staff go and they type in keywords and it pops up things that are pathways and it comes up with possible policies to include when you are talking about parkways. So, I -- I really am a big fan of this change and it puts -- it -- it's -- it's structures your staff report by element, not by the -- the document that is being reviewed again, but -- but -- but against the -- the thing. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, if you -- I mean you are going to -- obviously you have thought about it a lot. You are doing some soul searching about whether you really need this section. It's great that you are combining the two set -- like the comp plan together with the UDC. I think that makes tons of sense. I guess what I would appreciate or think makes the most sense is in the beginning paragraph -- again, if it hasn't already been put up in the project -- the Meridian City Council Work Session October 18,2022 Page 11 of 26 first very first section if it hasn't already shown up there, we believe these are gray areas that may not be -- you know, whatever you want to say, whatever you -- whatever language makes you comfortable, but, you know, this project may not comply fully with the following, you know, sections and I think, you know, either highlighting those or bullet points or something, because one of my biggest pet peeves is I hate having to dig through a bunch of verbiage that's been copied from the comp plan or the UDC to find out that something doesn't comply, as opposed to just hearing up front, hey, this is an issue that this may not comply and, then, you can kind of zero in on that key topic. So, I could be off by myself, but that's just me. Hood: So, if I can -- Mr. Mayor? Council Woman Strader. So, I think we are on the same page to some degree there. I don't know how much of that we would do actually in the -- the summary kind of lead in section, but we do oftentimes highlight, bold, underline those issues and we can do that within that. So, then, just by scrolling, if something's bold, please, read it and, then, you know that -- that element -- that thing is an issue. We will play with it some more. I see you are not a huge fan of that, but -- Strader: Frankly, my opinion is that the entire section should be removed and that you should replace it with only including the things that don't comply or may not comply. You know, you could put a link to a static, permanently existing -- you know, you could put a link to code, you could put a link to a standing website that -- I believe we already have that kind of goes through everything. You could have links to each policy, you know, for the benefit of anyone who wants to read more. But I -- I -- I don't know, I -- I just -- I actually think from the public's perspective, just to give a different opinion, I think the public hates going through these. That's what I have heard. Especially people that are in special interest groups and stuff that look at this stuff, you know, even -- even people that look regularly tell me that they hate digging through lengthy reports when they just want to zero in on kind of like what the key issues are. So, I -- I kind of argue the opposite from the public's perspective. But, anyway, I -- you are going to get more feedback and I -- I hope you guys are going to send this around for all of us to look at, you know, because we will -- we will dig into it. Hood: And I would -- Mr. Mayor? I would like to follow up, especially since you are my Council liaison, a little bit more on that and maybe explain why having some things in the affirmative are also important to include in the staff report. Strader: Sure. Parsons: Yeah. Next section here is what you -- what you guys reference as what we update after we go from our staff recommendation to P&Z recommendation and, then, ultimately your guys' decision on applications. So, these will be expandable and collapsible as well and they will toggle on when it moves through the --the various hearing stages. So, I have added that. And, then, the other discussion is how valuable does the Council feel having the exhibits in the staff report? Do you feel it's okay to have exhibits or links to those exhibits to searchable documents or do you like squinting your eyes and Meridian City Council Work Session October 18,2022 Page 12 of 26 looking at the exhibits in the staff report? Because a lot of times it's pretty hard to see a lot of details in the report when they are at this scale. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Real quick. I will just -- Bill, I will give you an emphatic yes to be able to link that to someplace else, but particularly -- and we do this all from home on our home computers and, you are right, there is a lot of squinting and zooming and I'm trying to find a -- kind of the links anyway. So, I -- I would prefer links to a more full version that we can look at. Parsons: Thank you. Simison: And just as a process standpoint -- and I'm looking at the clerk and other people related this -- is what I found in history is links become problematic the further you move away from something and it doesn't provide access to the record when things change, get modified, get moved. Hopefully whatever the outcome is, if links are part of it, that we -- there is a paper version that's kept in a permanent record somehow that's not link dependent, whether that's printing out each -- I'm just worried about the long-term record not being there for some reason when we rely upon a link outside of a document. Hood: That's a good point, Mayor, and I will get with the clerk to make sure our records retention policy is solid that way, so that any documents that are linked that way are acceptable into the future. Simison: And it's not even just the policy, it's the practice. Hood: That's what I'm saying, to make sure that our -- that in perpetuity these need to be kept, because some of these records may be transitory or five year or ten year type of a thing. So, we will need to make sure whatever links we are putting in here we change our policy to -- to make sure that that's -- that's clear. Simison: Yeah. Okay. Parsons: Yeah. Next section is just agency comments. We have talked about this. You know, we can -- we always -- we are doing this now, we just provide that hyperlink to the clerk's page and you guys have access to the comments. That's -- that's not going to change. And, then, the last section, what we are going to -- what I have done is I have gone through all the findings in the code and added these to the documents, so the planner will have the ability to -- again, these will be expandable and collapsible and hidden, so if it -- whatever findings are applicable, the planner will open those up. Justify those, make those findings per that project and, then, those that aren't relevant they will just keep them hidden or collapsed. So, again, it's more of a training exercise -- internal process for staff. But that's all I really had for all of you today as far as the changes to Meridian City Council Work Session October 18,2022 Page 13 of 26 the template and with that -- and we will -- I will close with my portion of the presentation and open it up for any additional questions you may have. Simison: Thank you, Bill. Council, any additional comments at this time or wait to get the survey for additional feedback? Cavener: Mr. Mayor, just a few more questions. Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. So, Caleb, Bill, I will start with I think the same question that I asked in -- in 2018, which is who is the primary audience for this document and I think that as staff we need to identify who that is and, then, build the document around those priorities. So, I have got my opinions. I'm sure staff has their opinions. It would not surprise me if Council has differing opinions than me. But I think that's an important first step. My -- I guess my question for you is -- it sounds like from a process standpoint you are going to take feedback and, then, bring Council back a proposed revision. Is that what your intention is? Hood: Yeah. Mr. Mayor, if I can answer that question. So, yeah, we will take the feedback we heard today, make some more tweaks to this and, then, send out an updated template with an associated survey that has some questions you really didn't get in today and, then, I think we will add a question about that table two and have you score, rank, whatever, some version of that and, then, yes, we will -- we will send out an updated template to you all to make sure it -- it reflects what you are thinking it would. I don't know if that will be just electronically and you can provide us feedback or if that's another workshop. I'm open to that. But that is generally the process, yes. Cavener: Mr. Mayor, maybe just a couple of follow-ups. Simison: Councilman Cavener. Cavener: Thanks, Mayor. Caleb, is it staff's intentions to -- you know, a lot of different constituencies use this document. So, are you planning to do some engagement with other groups as well, Planning and Zoning Commissioner or applicants? Hood: No. Cavener: Active citizens. I mean fill us in kind of what your approach is. I appreciate your kind of walking us through it, but help me understand what--who else you are talking to. Hood: Thank you, Councilman Cavener. Mayor. So, I'm going to roll my answer in with your first comment about who the staff report is for and I will just say this and not to be curt about it, but it's to the elected officials. Meridian City Council Work Session October 18,2022 Page 14 of 26 Cavener: Okay. Hood: But as I mentioned in my opening comments, we have multiple folks that use this. It is for the public. It is for the applicant. And so that's why I'm using you is ultimately it's for you, but we have other readers and other users of the document. So, that said, wasn't planning to do public outreach. I wasn't planning out to go to -- you know. We can. I'm not -- I'm not saying we --we can't. But that wasn't part of my game plan. That's why we are on a pretty aggressive schedule to hopefully implement it by the first of the year. Planning and Zoning Commission, yes. Cavener: Okay. Hood: We weren't even planning on engaging the development community. It's -- it's a lot of the same information just packaged a little bit differently. We will still take feedback and comments and we can even tweak it going forward after the first of the year if we are like, well, this didn't work how we anticipated it. We are going to change this. This isn't like our application or our code where it needs a vote. You know, it's something we can just change if it doesn't work. We still have to have certain sections by statute and make certain findings and whatnot, but the format is -- we can ebb and flow and change it as we want. I don't want to -- I don't want to do it like that, but -- and, again, if you direct us to go reach out to, you know, the BCA or -- or whoever and -- and talk to them about it, I'm not opposed to that, but that was not part of the game plan. Cavener: Mr. Mayor, maybe just a comment, then, I will be happy to wrap it up. Simison: Councilman Cavener. Cavener: I -- I don't think that -- I appreciate a desire to try and have this completed by the first of the year. I think that's probably a self-imposed deadline, which I appreciate staff trying to kind of sync changes up with the new year. Well, let's get this right first and, then, launch it, as opposed to trying to get it to work within a deadline. It won't come as a surprise to you that I will be vocal that I think we need to talk to as many people that are those constituencies as possible before we launch this. They may see something that is going to be different than us and I think seeking their feedback is beneficial. I think that we have also had some groups and citizens that have been very active in, you know, the City Council process and consider themselves to be watchdogs for our community. Let's engage them as well, because they also are going to be a big user of the document and get it right and, then, we can push it out. And I appreciate the work on this. This is not an easy task. Simison: Council, any additional questions, comments? Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council Work Session October 18,2022 Page 15 of 26 Borton: Just a brief comment. I think it's great you are doing this. I know this is -- this process never ends. I love it. I love the changes. I'm fine with it. If there is lots to it still that doesn't necessarily bother me. I get the links. If it's included that's fine, too. So, brevity doesn't necessarily benefit me one way or the other. I think it's one hundred percent for the decision maker. It just is. And I think you could have this done well before the end of the year. That's ultimately what it's designed for. Caleb, I think you are spot on. That has to drive it. What benefits -- what helps us make the best decision looking at all the evidence presented. That's our job. So, while there might have certain benefits for secondary use by the public and the applicant, but it has to hit the marks on helping us find what we need to make the right decisions. So, that's paramount. The only small thing I -- up where you have applicant, I would like to see the applicant's rep as well. Might as well put that up there, too. You probably were going to, but it gives us a heads up of who is going to be up here. Yeah. Nothing too substantive, but -- I like all the changes. There is 20 different ways to do a staff report. They are all right or they are all wrong. So, it's not like we are going to find a magic one to do it, so -- it's incremental. Good job. Parsons: Thank you. We -- we appreciate that and I can tell you from a lot of our applicants throughout the valley we definitely get comments that our staff reports are the most comprehensive in the valley. Just that feedback to the Council. Simison: Anything else, Council? All right. Well, we will look forward to additional conversations you have offline and see where that goes. And for the record Council Woman Perreault joined us at 5:09 p.m. 11. Meridian Police Department and Idaho Humane Society: Presentation and Discussion of Proposed Dangerous Dog Ordinance Simison: Next time up is Item 11, which is the Meridian Police Department and Idaho Humane Society presentation, discussion of proposed dangerous dog ordinance. Turn this over to Captain Berle. Stokes: Thank you, Mayor, Members of Council. So, this is an update to our Animal Control Ordinance, really driving -- dealing with dangerous or vicious dogs and that whole process and so that's what this -- this update is aimed at and getting that process more streamlined and in the hands of the subject matter experts at IHS and out of -- when it comes to a dangerous dog, out of the chief's office or Council Chambers, depending on which -- which route that goes and getting it in the hands of the subject matter experts and this also aligns our process with others here in Ada county and provides clarity for IHS when they are dealing with these situations and with that said IHS is here -- Tiffany from IHS is here, as well as Legal and we will stand for any questions. Simison: Berle, would you like to give a little more explanation for those that don't have the privilege of seeing the memo online or watching, about what the changes are? Meridian City Council Work Session October 18,2022 Page 16 of 26 Stokes: Yeah. So, this is a lengthy update that really gets into the process for declaring a dangerous dog or an at risk dog and, then, gives IHS some tools to deal with those dogs depending on the situation. Our current ordinance is -- is pretty vanilla and -- and -- and this is much more comprehensive and I think Tiffany can probably explain in great detail exactly how that would work and they work within a very similar ordinance already with some of our other partner agencies. Simison: And, Tiffany, we will invite you to give that further information. Stokes: Many pages. Shields: Good evening. So, basically, what we are doing is updating the ordinance. It will be much more comprehensive, the same way Boise declares their dogs dangerous. Ada county is -- also has an ordinance like this and Kuna has already updated theirs. So, declaring dogs vicious -- vicious is kind of an old term, so we are going to update the term to dangerous. Currently in the city of Meridian if a dog is declared dangerous it's euthanized or it has to be removed from the city. Both things -- you know, euthanasia isn't always the only solution and, two, moving it out of the city just makes it someone else's problem. So, this ordinance does allow for a dog that has been declared dangerous to meet conditions and restrictions and the owner can continue to own that dog in the city as long as they can meet conditions and restrictions to maintain that dog. So, we are abating the threat to the community with the owner complying with these conditions and restrictions. Also the definition of -- of a dangerous dog is much more thorough and understandable. What -- what is provoking the dog or not provoking the dog and so that hearing process -- right now we basically say your dog is dangerous and their only option to appeal that is they go through the chief of police. So, what will happen is if we declare a dog dangerous we say your dog is dangerous in the city of Meridian. They now will have an appeal process, which is an administrative hearing through IHS, which is what we do currently with the city of Boise. And, then, it's on -- the burden is on me, I present my case to the hearing officer and say these are the reasons this dog is dangerous by code. The owner has the opportunity to say my dog isn't dangerous because of these reasons. They can bring evidence, they can bring witnesses, and I present evidence and witnesses and, then, the hearing officer makes a decision. Now, from there their appeal would go to the courts if they continue to appeal that. Simison: Council, questions or comments? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I just wanted to ask. It sounds like this has been through rigorous legal review and whatnot. There is that section about at risk dog and we have the definitions there and, then, what means -- what it means to be a dangerous dog and it -- in section for dangerous dog means any dog that -- and, then, A, B, C and D. They talk about has previously been found a dangerous dog -- or let's see. Has previously been found to be Meridian City Council Work Session October 18,2022 Page 17 of 26 at risk and, therefore, bites and, then, also D -- that was B -- has also been found previously to be at risk and, therefore, inflicts injury. Can a dog be declared dangerous after the first bite? I mean if-- Shields: Only with a substantial injury. So, basically, a dog gets one free bite, as long as it is -- as long as it's a minor bite, it didn't require sutures, they didn't require medical treatment, then, they are an at risk dog. So, the second bite makes them eligible to be declared dangerous. If the owner didn't know their dog bit before, they do now after the first bite. They did nothing to prevent the second bite we could look at dangerous dog action. So, a dog can be declared dangerous after a single bite if that bite resulted in a serious injury, which is also defined by code. Hoaglun: Okay. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Thank you for that explanation, because I thought that would be terrible to have, you know, worst case scenario, a child killed by a dog. Well, it's at -- that's at risk now and we can't do anything, so -- Shields: No. Hoaglun: -- aye-yi-yi. So -- so, that works. I -- Shields: Yes. Hoaglun: Thank you for that explanation. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, is the purpose of the appeal -- so, let's -- to take into the circumstance the reason that the -- the dog acted that way or is it an opportunity for the owner to sort of step in and mitigate? So, there is an assumption, I guess, that the owner knows the dog isn't an at-risk dog and that's -- that's the reason for the appeal or is it because there is the -- it's the owner's opportunity to explain the cause? Like I mean there is some situations where it's appropriate for a dog to bite and if they have been -- you know, if they have -- if they are protecting some -- someone or something or they have been, you know, like agitated or abused. So -- Shields: So, in the code all that's listed in the code -- there are reasons dogs cannot be declared dangerous and protecting their home -- if the victim is engaged in an unlawful activity we are not going to declare that dog dangerous. But the hearing process is -- a lot of people have a hard time with the word -- their dog being declared dangerous and we have to tell them it's by code. So, when we go to this hearing I present evidence and Meridian City Council Work Session October 18,2022 Page 18 of 26 witnesses that I believe this dog was not provoked and this dog caused a substantial injury. The owner has the right to bring witnesses who also witnessed the bite and they say, no, the victim was beating the dog at the time of the bite. So, the hearing process -- it's an administrative hearing, so it's not in a court of law. It's kind of like at the DMV. So, you have a hearing officer, but they are allowed to bring witnesses and -- or they could even come in and say it wasn't my dog. You have the wrong dog. You know. So, it's -- the burden is on us to prove, no, we know it's John Smith's dog that lives at this address that looks like this type situation. Simison: Council, any additional questions? Okay. Berle, do you want -- next steps? Stokes: Yeah. I think we are ready for next steps. Simison: So, we will be bringing this ordinance back -- bring -- Mr. Nary, I will turn to you, since you are the one with the mic at the attorney's office. Nary: Mr. Mayor, Members of the Council, so, yeah, we could put this on the agenda. We can do -- as we do on a lot of these, we can put it on for first reading, you know, with -- with notice. Then if someone wants to comment they can. Then put it on for a second and third reading on a subsequent week and that way there is an opportunity for input. I -- I don't know that there is going to be much public input on this. I think it is pretty clear in the code. Again, I think the key is what Captain Stokes said is we are putting in the hands of the decision making on a dog being declared dangerous or at risk in the subject matter experts that have more ability and equipped to make that decision than the police chief is and it's no knock on the police chief, but that really isn't his forte on making that decision and that's always been a little bit of a -- a sore point with the police department over the years. We haven't had this come up very much. But the police chiefs have always felt like this doesn't really feel like what I do versus what the Humane Society does and see other partner agencies in the valley do it the same way, we felt it was best in line to -- to align with that. Simison: Okay. Hoaglun: Well, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: The police chief could always delegate it to a captain to make that -- Stokes: That has happened. Simison: Okay. Well, we look forward to this coming back in the not too distant future for that process. So thank you. 12. City Attorney's Office: Proposed Updates to Meridian City Code Meridian City Council Work Session October 18,2022 Page 19 of 26 Simison: All right. Council, next item up is Item 12, which will be the city attorney's office, proposed updates to Meridian City Code. Turn this over to Mrs. Kane. Kane: Thank you, Mr. Mayor, Members of Council. Wrong one? This one? If you can't hear me let me know. I'm Emily Kane. I'm a deputy city attorney here at the City of Meridian. So, the strategic plan for the city includes the goal of updating the ordinances -- I will just read it. Update ordinances and simplify processes in order to improve effectiveness and provide premier services to our citizens. So, part of this objective is to perform a review of our city code. So, our -- our office suggests that we do this in two parts. First we look at the ordinances that are kind of the low hanging fruit, things that are outdated or redundant or in conflict with other parts of the code or other laws that have since been adopted orjust more urgent concerns that we have with -- with our code. So, mostly housekeeping, but a few substantive suggestions to deal with issues that keep coming up or could come up and then -- so, that's what this is today. That kind of phase one, just easier -- hopefully housekeeping update. Phase two would be a more comprehensive look at the entire code and looking at places where we can streamline substantively and just make things work better. But for today this is more of a -- a few surgical strikes to kind of make it a -- an easier code for -- to use and make really less of our code. So, I have -- I have a list of 25 suggestions. They are pretty quick, so I'm going to run through them. Feel free, of course, to interrupt. So, the first one -- we do have a general severability clause that says if any provision in this section or in this code is illegal or can't be used, the rest of it still applies. So, there -- we have sprinkled throughout our code a number of these kind of repeats of that. We really only need to say it once. So, this is the first of a few that I will call out to say I think we should just delete and refer back to section -- Meridian City Code Section 1-1-5. The second and third recommendations are to make changes in Sections -- in Section 1-2-2. It's -- this provision is related to penalty provisions. So, a violation of city code and this section needs quite a bit more work, but for now if we just delete one or two sentences we can avoid some of the conflicts that we are seeing with the previous -- actually, the previous code, which also relates to penalties. So, I would also recommend that we take out that first sentence that says that the penalty is applicable to every section of the code. We say that earlier and we say it differently, so it is confusing. Then currently Section B says that no more than one recovery shall be had against the same person for the same offense. There is a kind of -- I haven't heard of this being an issue, but there could be an issue with -- we aren't allowed to prosecute one person for the same offense, even if they do it twice. So, I would recommend that we take that out. Moving on to number four, it relates to the corporate seal of the city. I have spoken with Chris about this some time ago, but it -- it says that we put the city seal on all of our official documents and records. We don't actually know what that is and we only put the city seal on things that the clerk is certifying. So, I would like to clarify that or recommend that you clarify that. We also -- the clerk also does not handle warrants, which this section says that he does. So, I would recommend we take that out. Section --yeah. Section five -- or number five. This is just a title change that has happened since we adopted this code originally. The community relations specialist is now the community relations policy advisor. So, number six is a substantive update to our procedure for request for reconsideration code and I -- I guess I say substantive. It really just clarifies what we already do. It does make some changes to Meridian City Council Work Session October 18,2022 Page 20 of 26 the substantive provisions of the code though. It really clarifies when administrative remedies are exhausted and we don't end up in this weird situation where we are wondering if we should again have the applicant request reconsideration, including on our decision on a request for reconsideration. We have ended up in some weird spirals. We also clarified some of the if/then situations at the end, including modified decisions. When we modify our decisions we want that to also end in a request for reconsideration before it goes to appeal and, then, it also clarifies when the countdown begins or when the clock starts ticking for the appeal. And number seven is that this is a sneak preview of nine and ten. We are going to recommend deletion of our regulation of subdivision model homes and subdivision real estate sales offices. This is really covered enough by the building code and any other applicable codes. We don't need to issue temporary use permits for these and it's really become a hassle for the -- the development community, as well as the city clerk's office. So, we are going to recommend deletion of those. Number eight is sort of a substantive update. We aren't sure where our time limit for promotional sales unit fell out, but at some point it-- it left the code. Originally promotional sales units were allowed for 160 days out of the year and this is a -- a temporary use that's put on by a bricks and mortar business -- so, like a sidewalk sale or a -- just something outdoors that -- something to promote their business or Christmas tree sales or the garden section at the grocery store or something like that. So, that -- that would be allowed for -- it's allowed for a larger part of the year than most of our temporary -- temporary sales types, but for whatever reason it's not there anymore. So, we would recommend that we put it back. Nine. Number nine, again, is -- we recommend that we delete the temporary use permit requirements for subdivision model homes. Ten for subdivision real estate sales offices. Number 11 we have still on the books a licensing requirement for adult entertainment establishments and the clerk's office does not wish to do that. They are not doing it and nor should they. This is now generally illegal. There has been quite a bit of case law in the U.S. Supreme Court regarding adult entertainment establishments and our ordinance is really outdated. We don't use it anymore, but it's just sitting on the books and it can go away. We did in the UDC reference the definition that was in this Title 3, but we have repaired that in the last updates to the UDC. So, we really don't need it at all and we should get rid of it. Likewise number 12. There is a provision on the books requiring the city clerk to license mobile home parks or rather permit them and we don't do that and we don't want to do that. So, we would recommend that we delete those permitting provisions. All right. Number 13. We have -- we make it illegal to interfere with or not let a city official enter onto one's private property if they are enforcing the nuisance code and really that conflicts with the 4th Amendment. So, we would recommend deleting that. Number 14. We have the city clerk regulating or issuing exemptions of solid fuel heating appliances and the city clerk doesn't do that. The fire chief or his designee does that. So, we would recommend that change. Fifteen and 16 are severability clauses. Recommend deletion of those. Number 17 is a substantive suggestion, but there is a 9th circuit opinion that suggests that a curfew could be a violation of the First Amendment and if someone is out doing First Amendment activity past curfew. So, this recommended addition would cover that. So, it would say the curfew does not apply if someone is doing certain activities like, working or they are out with their -- with their parents' permission or engaging in First Amendment activity. I would recommend that we delete the designation of an underage violator as a juvenile Meridian City Council Work Session October 18,2022 Page 21 of 26 delinquent. We really don't need to do that anymore. That's an outdated reference. would recommend that we delete the provision that makes parents responsible for the actions of their children. Certainly civilly that's still the case, but that's also outdated. Finally, under the curfew provision, the city penalties for curfew violations are now preempted. There is a city code provision that says it's a -- it's an infraction to violate a city curfew and arrest is prohibited. So, this would repair that. Number 18. 1 would recommend that we delete our provisions regarding sales of cigarettes and tobacco. There is now an Idaho Code provision that says local ordinances regarding tobacco sales are prohibited. There is also a -- there is already a penalty in Idaho Code for purchase of -- and possession of tobacco by a minor, so we really don't need this provision. Number 19 is -- we are getting into the traffic section. So, there is a provision that talks about speeding in alleys and parks. I'm not sure why those were ever grouped together, but park speed limits are covered in Title 13 of City Code. So, I would recommend deletion of that, as well as deletion of the definition of alley, because that's already defined in Idaho Code and that's -- that presents a conflict. We have a U-turn provision. This is already covered by Idaho Code, as is passing in a no passing zone. I would also recommend that we move a random reference to impeding traffic up to the description of restrictions. Moving on to number 21 . The -- our negligent driving provision talks about racing and rapid acceleration. These are already covered by Idaho Code, so this would actually pare it down to just be about negligent driving. Number 22 is -- oh. And 23 are, again, severability clauses. Number 24 is an outdated reference to an EPA drinking water test fee. We do still charge this fee as part of our water rates, but it's no longer 25 cents and we have a number of-- kind of pass through fees that are covered in our water rates and we don't -- there is no reason to call this out separately. Finally, number 25 1 would recommend that we delete. In Title 9 our -- we authorize ourselves to regulate our own water system. Idaho Code already allows us to do that. So, I would recommend that we delete that. Any questions? Simison: Thank you, Emily. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks a lot, Emily. It makes a lot of sense to me. I guess the only thing I would be curious about -- obviously we are relying really heavily on Idaho Code; right? The Idaho Code has us covered, so is there --just not being familiar or not being an attorney, is there a way that changes to Idaho Code are easily flagged for you, so you guys can see -- like, for example, if there is a change to Idaho Code, you know, that redundancy could have been helpful. Maybe then it's not. So, how do we catch -- what's our net to catch all the changes to Idaho Code? Kane: Mr. Mayor, Council Member Strader, it's a good question. It does require attention each legislative session to -- to what they are doing. We kind of -- we try not to make specific references to Idaho Code where we can avoid that, because it does -- you are right, it does change -- even if they renumber it now our reference is outdated. We do it Meridian City Council Work Session October 18,2022 Page 22 of 26 to a limited degree, just because we do want to direct people to a specific section. But where we have these redundancies we don't need it. You are right, there are times where we maybe want to put it back or adopt our own city code provision that covers something that Idaho Code doesn't, but it does really just require us to stay on top of the legislative developments. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of Council, Council Member Strader, to maybe add on to what Emily said, we have a lot of eyes on the legislature every year -- on -- on the different departments -- our department, other agencies, other groups that we all belong to. Chief of Police Association. Municipal attorneys. So, there is very rarely going to be changes that we are not aware of through some form. The redundancy sometimes is more problematic, because we are inconsistent with the Idaho Code and the code may preempt it and so we have a code that says this is illegal and we are training our officers on something that's illegal that, actually, the state has already now usurped that and said, no, it's not and so now we are in conflict. So, I think getting rid of the redundancy really helps. I'm not real concerned that things are going to get missed, because there is a lot of attention paid to every single thing the legislature does big and small. So, I don't really foresee that happening. I see more of the potential conflict where our code is outdated -- like a lot of these are outdated. They have been superseded. They violate other code. They violate the Constitution. So, I think getting rid of the redundancy is a bigger plus than a -- than a negative. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I think that makes good sense. I guess I would get some comfort if your department had like an administrative process that you received a summary of all of the code changes at the end of each legislative session and you had a process to review all of them. So, I -- I just want to make sure we are not saying there are so many eyes on the legislature there is no chance that we wouldn't have missed something and, then, just have some weird reference not work or have -- have something that, you know, they have removed from code, we somehow didn't catch it and, then, something we were relying upon to eliminate our own law, you know, isn't there anymore. That's all. Nary: Yeah. I -- I totally agree and I'm not going to say we will never miss anything or that's never going to happen, but it would be pretty unlikely for that to happen without us seeing it, whether it's -- again, we do get summaries from other agencies. We do get summaries from other entities on what their perspective is. We do get that -- again, our departments are very engaged in their subject matter areas with other groups and the legislature and lobbyists and all of that. So, I'm not going to say it's never going to happen, but it would be fairly unlikely to happen. Meridian City Council Work Session October 18,2022 Page 23 of 26 Simison: I -- I would say it is not happening just from the standpoint of that's part of the reason why we are here is there are issues that are things that have been missed or whatever the case might be, because the more you have in code the more likely you are to miss things no matter where those changes occur. I also know that several years ago there was a concerted effort to try to eliminate areas in our code, so that we were not citing under city code, that we were citing under state code, because it was the preferred way for court cases as -- and -- and other reasons. So, we do want to direct back to the state code where ever we can, not have something on our books for a wide variety of reasons really. Nary: One -- and one additional reason on how that -- Mr. Mayor, Members of the Council, is if it's a criminal offense and we were to arrest somebody and it's a city code violation, we pay for that. We pay the jailing cost for that individual for that charge. If there is a comparable state code we don't have to pay for it. So, that's why we tried to eliminate a lot of these city codes that were redundant, because we really want to use the state code and not arrest somebody on a city code that could have been covered by the state, because the price of jailing them per day is significant. It's more than a hotel. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I just noticed something on number five. I was curious when you were going through that designated positions in the Mayor's office and we are updating the language, because there is a title change. I thought that was just kind of odd that we would put into code what the positions are named, as opposed to as Council, that's -- the Mayor is an elected official and we control the number of positions based on the budget that we allow the Mayor's office to have. Whether they call them chief of staff, special assistant to the mayor, assistant to the mayor, what have you, I'm just kind of surprised that we are changing titles in code, as opposed to just letting the Mayor decide what they are and we just budget according to what Council approves that there is going to be five positions in the Mayor's office and how he names them is -- is up to the Mayor at the time. But I -- don't know, Mr. Nary. Nary: Mr. Mayor, Members of the Council, so when we had this conversation a year and a half -- almost two years ago when we changed this and added them, really, it's a -- it's -- part of it's the organizational structure we have. So, we have certain positions in the Mayor's office that report to the Mayor's office that are not at the will of the Mayor and are simply treated as general employees and some that are at the will of the Mayor. So, this was simply a method to identify which specific positions are in that category versus the general employee category. Hoaglun: Mr. Mayor and Bill, thank you for that explanation. That makes sense, because when there is a change in the office, yeah, some people know with that title I have, yeah, I can not be working next year, so -- okay. Sounds good. Thank you. Meridian City Council Work Session October 18,2022 Page 24 of 26 Simison: Thank you. Additional questions or comments? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Emily, Bill, great work. I appreciate this. I went through this when it was sent out last week and appreciate what -- the recommendations. Emily in kind of your opening remarks you kind of flag this is low hanging fruit. So, the more meatier items, when should we expect to have you back going through those items? Kane: Mr. Mayor, Members of Council, Councilman Cavener, I would say the effort is maybe ten percent complete. So, really, if it were a major priority that's something that could be done within a year or sooner. I would -- I would say a year is a -- maybe a good estimate, though I could speed it up if you would -- if you would like. Cavener: And, Mr. Mayor, maybe a response if I may. Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Obviously, I will leave that up to -- to Mayor and Council President to decide, but maybe a -- a suggestion is if -- for these meatier items it may make sense to bring back, you know, a chunk every quarter or a chunk, you know, every six months as we work through that. I -- I -- I worry what I think is the right intention, which is here is all of these items that we are working through, but that could be somewhat overwhelming to any one of us and so maybe trying to kind of parse that out for me would be helpful. So, just a -- maybe a selfish ask if that's something we could look to explore. Simison: Absolutely. We are going to give them all to you right before the budget, so it will be -- don't worry timing is going to be perfect. No. It -- it -- it will be coming back. I think -- you know, I know the part of what we want -- we want consistency throughout our entire code, so she may have to go through it all and, then, bring them back in chunks. Cavener: Okay. Simison: That -- that's -- that was kind of the intention. I want to make sure that there is -- you know, we don't bring you back one and, then, five, we realize we need to go back and change one again, so -- Cavener: Okay. Simison: But, yes, it will be in -- in chunks. Cavener: Thanks, Mr. Mayor. Thanks, Emily. Appreciate the great work. Kane: Thank you. Appreciate that. Meridian City Council Work Session October 18,2022 Page 25 of 26 Simison: All right. Next -- next steps on this item from timing? Kane: Mayor, Members of Council, the next step would be for me to bring an ordinance and you to adopt it and I can do that as early as two weeks from now if you are ready. Simison: Okay. Thanks, Emily. Kane: Thank you. EXECUTIVE SESSION 13. Per Idaho Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Simison: All right. Next item up is Item 13. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move that we go into Executive Session per Idaho Code 74- 206(1)(d). Borton: Second. Simison: I have a motion and a second to go in Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:42 p.m. to 6.10 p.m.) Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Borton: Second. Meridian City Council Work Session October 18,2022 Page 26 of 26 Simison: I have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adjournment of our work session. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11/1/2022 ATTEST: CHRIS JOHNSON - CITY CLERK 22 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 4, 2022 City Council Work Session Meridian City Council Work Session October 4,2022 Page 21 of 21 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON ATTEST: 10-18-2022 CHRIS JOHNSON - CITY CLERK W IDIAN� AGENDA ITEM ITEM TOPIC: Approve the Minutes of the October 4, 2022 City Council Regular Meeting Meridian City Council October 4,2022 Page 15 of 15 Simison: All ayes. Motion carries and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Hoaglun: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON ATTEST: 10-18-2022 CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Linder Village South (SHP-2022- 0012) by KM Engineering, located at 1268 W. Orchard Park Road, near the southeast corner of N. Linder Rd. and W. Chinden Blvd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER , In the Matter of the Request for Short Plat to subdivide an existing commercial lot(Lot 14,Block 1) within the Linder Village Subdivision into four(4)commercial building lots on approximately 13.4 acres of land in the C-C zoning district for ownership purposes,by KM Engineering. Case No(s). SHP-2022-0012 For the City Council Hearing Date of: October 4, 2022 (Findings on October 18, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 4,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 4, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 4, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 4,2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village South Short Plat—FILE#SHP-2022-0012) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 4,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 4,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village South Short Plat—FILE#SHP-2022-0012) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(l)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 4,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village South Short Plat—FILE#SHP-2022-0012) -3- By action of the City Council at its regular meeting held on the 18th day of October 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-18-2022 Attest: Chris Johnson 10-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village South Short Plat—FILE#SHP-2022-0012) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/4/2022 Legend DATE: 0 UProject Location TO: Mayor&City Council C-Q FROM: Joseph Dodson,Associate Planner _Rm C-3 a M__U-R•1- 208-884-5533 C-N C-G I R =L_O C�Ct SUBJECT: SHP-2022-0012 R=- a Linder Village South Short Plat LOCATION: Located at 1268 W. Orchard Park Road, near the southeast corner of Linder Rd. and W. Chinden Blvd. in the North 1/2 R-g of the NW 1/4 of Section 25, Township � 4N, Range 1 W. BRUT 1. PROJECT DESCRIPTION Short Plat request to subdivide an existing commercial lot(Lot 14, Block 1)within the Linder Village Subdivision into four(4)commercial building lots on approximately 13.4 acres of land in the C-C zoning district for ownership purposes,by KM Engineering. II. APPLICANT INFORMATION A. Applicant: Cameron Scott,KM Engineering, LLP 5725 N Discovery Way, Boise, ID 83713 B. Owner: High Desert Development,Linder Village LLC-2537 W. State Street, Ste. 110,Boise,ID 83702 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 9/18/2022 Radius notice mailed to property owners within 500 feet 9/15/2022 Page 1 Posted to Next Door 9/15/2022 IV. STAFF ANALYSIS The proposed short plat will split an existing commercial lot in the Linder Village(Orchard Park) Subdivision into four(4)commercial building lots for ownership purposes. The existing lot is within the center of the overall Linder Village Subdivision and has public road frontage along W. Orchard Park Drive, a local street,that bisects the Linder Village project and is constructed at their full anticipated width. In addition,the subject short plat includes two drive aisles that are the project's main connections to W. Chinden. Directly to the west of the subject site is the Linder Village WinCo site and the existing lot has two approved Certificate of Zoning Compliance(CZC) and Design Review(DES) approvals—one for the Linder Village Library(A-2020-0177) and one for the adjacent"Market West Building"(A-2021-0211)north of the library that includes a shared plaza for the overall development. These existing approvals will be on Lots 2 &3,Block 1 on the submitted short plat.Any future commercial buildings located on the proposed lots will require CZC and DES approval prior to building permit submittal to ensure compliance with development regulations(i.e. previous approvals,pedestrian connectivity,parking,parking lot landscaping, etc.). Access to the property is through existing drive aisles that connect to both Orchard Park Drive and Chinden Blvd. The noted drive aisles also connect throughout the development and no changes are proposed to the circulation element of the overall project with this application.The Applicant has submitted a concept plan depicting the existing approvals on the property and a conceptual site plan for the remaining lots; Staff has included this in Exhibit VI.B below for informational purposes and to show the buildings in relation to the proposed lot lines. There is an existing cross-parking and cross-access agreement for the overall Subdivision which these subject sites should also be bound by—staff has included a condition of approval consistent with this. The submitted landscape plans reference the original subdivision landscaping which includes the Orchard Park Drive buffer along the south boundary—this buffer is existing and vegetated adjacent to this site. Any additional landscaping required with future development will be reviewed with future administrative applications(i.e.parking lot landscaping). Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and the required zoning regulations of the C-C zoning district and deems the short plat to be in substantial compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. B. The Meridian City Council heard these items on October 4,2022.At the public hearing,the Council moved to approve the subject Short Plat request. 1. Summary of the City Council public hearing: a. In favor: Cameron Scott,Applicant Representative b. In opposition:None c. Commenting: Cameron Scott d. Written testimony: None e. Staff presenting application. Joseph Dodson f Other Staff commenting on application:None 2. Key issue(s)of public testimony: Page 2 a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: a. None Page 3 VI. EXHIBITS A. Short Plat(dated: 7/22/2022) -- -__ FLAT OF .__.- LINDER VILLAGE SOUTH SUBDIVISION A Repl atof Lot DloDk OR hLinder Village 6ubdl25 on 5lfuatetl in the North 5/1 of the Northwest idi of Section 25,Township 4 North,Range 1 Wes4 6.M.,City of Meritlian,Ada County,Idaho 2022 0 Bo -N9 AP 1 5—rNOEN F name /4 C m t-0Y1coP>'w SENLrnr is elan scale.t NnKnnLN&FL�L nIHLn� O R�-]9 P,2,13}e P No. i 9P.E-T .IF M AN9 w9 Ill _I.E-2 -LINE&-VL DELL,NOT:S.AND CE.--of o d-I 23 24 n=-11 a=lPive saEEr -cFknEluTEs AVG APPRWn'S V� W.Chinden BLY��Hlghway 2f1/26) B E. 25 LEGEND _.___...._. ® -NO AIPUM PSNCiCR z A.rw.�W rtn aM w.—Nn x/xan�a.>.�a/,r "�-�M OEC NN P'G _ -2_ ® FCM6 93A5E P NE IM1 PBASTIC GW zWPKE.Founo s/-INnh 6Eeare wl P 2e z L4 REeoH WI U6rIC rll P CAP MARRF9 5,N Iry a a_35I e I c.,gcH O ka w W A I/2-Iaa;H RE61R-PLAR-CAP MARKED ' e 1245F- - n tint aVlslaee ^ o A [PLLLUIu PC"N?.3a Iu n s� �a •b R �. !,� ., "Eourvo oa SET w bo { .1 1UM1 .LA Eur ITvumeER i n I a ->__ _ _ -. tn9 C.A'9[M90RY LINE L LFILIoN r'_ IJ J it LNE AU ACCNT Prcs aurzEo r6�ENbENI p-f LNE FTE LINE EF war uNE I// �Iljjl� 'Tf eoiR sNo w,aTcs EnsEMEvr bm V ^ 5^e � A� Pen rs NO 2e ry REFERENCES 53 R IAOF , EC S �5 /�J/II a � e AT AG-S I7336-1z!3.,17CIIIiI at aua WUNTY.ICPHO. o_5 J/ 1,I _ r L'nderYl age �n]0 1�339.RECORDS� E S-1 N� 9 P Ls ''FA-.4 k R1-,N1111.aRo or>L�N4 a 11 i 9eea.nA,a�acsN9EA cuNY Nw9. - rra. c9R IF F_ N1_1 -`e .eE4,nnus a�1 11 n,A co N,r. - ® eeos-1sa1T xaoRcsALAcouN .Icnllc. •T IF urtoar vmaaa Yp q snearolslnn SURVU ANRarIVE NJKc 1 s x e1,a p$ Sz - Yaxl.ntaLax_ -r Nm 1-1 R Y--___.__-------.L.,.__.._I _.,.�'dd 'SS jj E N G I IN I,P I u G km —=---' :f. — ----- -- -- — p12459 v ___ OOLD7 a�— HI)09.]4' 9 zn -- Ct 'so nesmm� W.Plaza z5hops GrFv e s, / qq e or 1u p Mmerelcmm vuei sa s_"ss NHf HPu�P rcurvo 1/r a®w uuxeo^EII P M 1 ly P'LI I.ro.w9 R:avweo�;stynx yg•v .....'--' Page 4 "T OF LINDER VILLAGE SOUTH SUBDIVISION CIERIFFICATE01'CIWIMERS NOTES 1—111IIIlF III 111111ILF 5 11 1 FIF RrA.IFOPEFFY HEREAIEF DUE,— I 111ILV�BMUEIL1,1LI-1 I rHL 11-1 ILIL. 1EAL1 I THE III 11FI AT TH IINIE El A El Llfil I-I I'IF I—1—1 EF I, � I I FIT E111ILI—-HEF11.1 1E F_,HE lll a E.— lI—A-A-IF-.1�TFI FI. A OZ. E 1. wr SHAL IF—I LINIMUl OF 12AM,[-kIEHISI E-EHIS-1 I,— JA, I, FEV...... nT l'.A"I'1'1%N.'1l_11—1-11 11 110 IFIFILI�1,—11 L ,III Ill F A IF III mllIC—Il.T11111 1 FS TE A AMEEMIElT.FDEC ISno.II-El 11. A, _OF 1_ � E TF_L HF -A D11rAFCE E1111.01 FEET TI I -1 11 1-- — II, 1111LI 1. 1.1 111 11.1 1111T 1 1111 A"W-.1 '11 .1 1 A� LHFII M,FLlI Nu;xi Er 111 1 IlO"LLOO'� L'IM,%I'Lr�.1.1.1111 —III I E-11 111001 1 1 �E'�'T I IF� 1111 11 IF L:�, 8IM lI FF�T�.OI,"IT�'I E-".1AIFT'l 0" I, Al 1AI 1.1 IU�1�"V'Ell INII I I- r es I,A OF T� 'E I 'a. LF1"M NJCSA�,EFFEEEJ R ER A——E 1.AEI LL-11 EIE111AL EWANEk�WNEOMP All A TEO TEIMEIIIIII 11 I O'N.11 111T A 'E' 21' 0 111 A rr'7.1 E!! I R. A� A. A e. 11 IF 1A.... 1TAI—EF IFW Ill IF III IL, IIT H II'1�1 A I HI 1,IoU El E..I°IFI 'I I HELL TIIF I A E,IF OF TA F II I-I IFF I11I!I E'1111-TA-EKNAL 10.THE 171-AL11.111 0 IIE—OF A D111—El 710.71 1 1-1 '11 l Av. A A I l/.. EIM —--""III'III— IF lE"I.-—TEM H lAlj� /1 1111 IE- I TIL A 9IIIII.L.All.IIIES�OH-__0%II`1IF`TXW EIA I'll 1111R UL ILF1 Ll-1 F11-111/I I A 1 0 lO I.1/19 Ill,HEEA'F 10 OR OF 2,' CE �1 71 1"1 1�I I AT 111-111 1.1 FF LI). OF'' ""''A F"' 0 LA X� 0 A Elau FT, 11 �lll�M ILI PEL AlEMI,10 AMal AW'L11W 111,FI AM D Ill-rOLa�A _F,AI II A I-F_ I Ell�-IET IE FLA SHFFO M 1�I W rFl;� T IF 111 7 'C �I A"E'—E 11-1,All 11 1U.—IE ALL71.—.1—1M/.F 11LI "I SIP"FF'FlRIU L"47AF"MFAOTFN T03 1 11—.——I TCOINII.F_Aso ZO PO"'I'AMEHI I All 11I THE I—I III All-1 11 11 11 IE Is IN OF 11 NI"'O'11 TO H E I IF 11 1 NOT T 1,I'l ILI C� '17 111.ET V"I SIII 19 RII FLN _81 FORIZZ,",L'F', IF AIT 1,1 .1. II A"'"I' IEFj `E`W'll'"PIT"WEATIM AFE M I EFPM�'SH�r''�I FTMI A'.Lf_N�l IHFIO'I U TI 11 S—JE-T FC THE lERI1 S1ILlA_LIE11 L-111 A11E11-1lEIT IAATFI ALF A—F1 111 1. 'S PFAT ILL 11 11 Rj6ERE NAJE TO THE ILI HEAL l W FLE 1171 ALI MUNTY REMOER REO—I'l ACKNOWLEDGMENT A,111A� A--.1 i lI-IF M1 11 I.E.EY AS or 1-1.OF rv°_nar Luau u.. CERTIFICATECF 5URVEYOR "'Ll—11 1.H 1—1-7 D -Ill ANO AF I- TFI AH.MAC F FHE 'NEU M E_I IFFtA At'AEZAL IJ .11 F.—ILI—F EF 11 1 1.1——TE OFI—FE11IO o I_AM 1--IF FL-IELF 21 i'. AO Ol.lF AAMH M-Il.FLS 12156 Page 5 B. Overall Concept Plan with new lot lines(information only): ' — IrrrFrP rf1TT�TTM.rrFrr M rflT I r.bm brak&L L ,.F. E :R* I14AI — — �a I = C I _--�FtGi.�RL+Ji�Ffk�FJCM�YCt --� 1 4B I , 1 4C —�=3 -L_llI_III_� III_ Page 6 C. Landscape Plan(previously approved with Linder Village Sub.) - --- - - --- = - ... - — — -C3-Vf..girea�9LLQ 120]-W.CMIOf]J BLYA ,gym-W-Rllraa�9LY0. ` -G?-•.::i'.=='!__._ _•!C•xAPE RAH AF5l5 I201-W-CNI[IFli 9LH1- I201-W-CHIIl19J BLY0. — U1�301fE RAHARFA� LAHOS,.VE RAH APEA3 LAHOSi.WE RAHAP5l2 LFIi6[MER-AHAF�A1 L General Location P �� i �v u-.W PL nman —_—RAN Fft:A2 YY C RAN APEA: - _..` �'N •J CD a /_ SAP —,_ ��-N aoEA� Page 7 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2017-0088 (AZ, PP,VAR; DA Inst. #2019-028376); FP-2020-0004; H- 2021-0034(DA Inst. #2021-102392); A-2020-0177 (Linder Village Library);A-2021-0211 (Orchard Park Market West Bldg.). 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, obtain the signatures from the Ada County Highway District and Central District Health Department. 4. The short plat prepared by KM Engineers on July 22,2022 by Aaron L. Ballard, included in Section VI.A, shall be revised as follows: a. Add the latest DA instrument number(DA Inst. #2021-102392)to plat note#4 for the latest DA Modification that includes the subject area. 5. Approved lots within this short plat shall be subject to the existing cross-access and cross- parking agreements for the overall Linder Village Subdivision noted in the recorded covenants, conditions,restrictions, and easements(Inst. #2020-035128). 6. Prior to building permit submittal for each new commercial building, Certificate of Zoning Compliance and Design Review approval shall be obtained. 7. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. No changes to public water infrastructure shown in plans. Any changes must be approved by public works. 2. Parcel has multiple existing service and fire lines. Any lines not used must be abandoned per City requirements. 3. No changes in public sewer infrastructure shown in record. Any changes must be approved by public works. 4. Ensure no sewer services pass through infiltration trenches. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the Page 8 development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district Page 9 or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 10 VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use Community and the current zoning district of the site is C-C. City Council finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district and previous approvals. B. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to this property and are adequate to serve the future commercial building sites. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed short plat to create new commercial building lots will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. City Council is not aware of any significant natural, scenic or historic features associated with short platting this site. Page 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Linder Village West (SHP-2022- 0011) by KM Engineering, located at 6192 N. Linder Road, near the southeast corner of N. Linder Rd. and W. Chinden Blvd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI ' N:- , AND DECISION&ORDER a In the Matter of the Request for Short Plat to subdivide an existing commercial lot(Lot 1,Block 1) within the Linder Village Subdivision into two(2)commercial building lots on approximately 2.45 acres of land in the C-C zoning district for ownership purposes,by KM Engineering. Case No(s). SHP-2022-0011 For the City Council Hearing Date of: October 4, 2022 (Findings on October 18, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 4,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 4, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 4, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 4,2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village West Short Plat—FILE#SHP-2022-0011) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 4,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 4,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village West Short Plat—FILE#SHP-2022-0011) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 4,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village West Short Plat—FILE#SHP-2022-0011) -3- By action of the City Council at its regular meeting held on the 18th day of October 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-18-2022 Attest: Chris Johnson 10-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Linder Village West Short Plat—FILE#SHP-2022-0011) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/4/2022 Legend C�-3 DATE: u Project Location �I 0 TO: Mayor&City Council C-C� FROM: Joseph Dodson,Associate Planner R-4 s MU 208-884-5533 L- . �p�r tea C-C SUBJECT: SHP-2022-0011 � � Linder Village West Short Plat LOCATION: Located at 6192 N. Linder Road,near the R- southeast corner of Linder Rd. and W. L-Oa,: � Chinden Blvd., in the NW 1/4 of the NW )" R-8 1/4 of Section 25, Township 4N,Range 3 RUT 1 W. 1. PROJECT DESCRIPTION Short Plat request to subdivide an existing commercial lot(Lot 1,Block 1)within the Linder Village Subdivision into two(2)commercial building lots on approximately 2.45 acres of land in the C-C zoning district for ownership purposes,by KM Engineering. II. APPLICANT INFORMATION A. Applicant: Cameron Scott,KM Engineering, LLP 5725 N Discovery Way, Boise,ID 83713 B. Owner: High Desert Development,Linder Village LLC—2537 W. State Street, Ste. 110,Boise,ID 83702 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 9/18/2022 Radius notice mailed to property owners within 500 feet 9/15/2022 Page 1 Posted to Next Door 9/15/2022 IV. STAFF ANALYSIS The proposed short plat will split an existing commercial lot in the Linder Village(Orchard Park) Subdivision into two(2)commercial building lots for ownership purposes. The existing lot is along the western perimeter of the overall Linder Village Subdivision and therefore has public road frontage along Linder Road but also abuts the local street,W. Orchard Park Drive,that bisects the Linder Village project. The adjacent public roads(Linder&Orchard Park Drive) are constructed at their full anticipated widths.Access to the subject lots would be from an existing drive aisle on the east property line. The proposed north lot(Lot 1,Block 1)has received Certificate of Zoning Compliance(CZC) and Design Review(DES) approval to construct a commercial building along the north boundary and approximately half of the anticipated parking for the overall site (A-2021-0119). Any future commercial building located on the southern lot(Lot 2,Block 1)will also require CZC and DES approval prior to building permit submittal to establish a use and ensure compliance with development regulations(i.e. pedestrian connectivity,parking,parking lot landscaping, etc.). The Applicant has submitted a concept plan depicting the existing approvals for the north property and a conceptual site plan for the southern lot; Staff has included this in Exhibit VLB below for informational purposes. There is an existing cross-parking and cross-access agreement for the Linder Village Subdivision. The submitted landscape plans reference the original subdivision landscaping which includes the Linder Road buffer along the west boundary and the Orchard Park Drive buffer along the southern boundary—these buffers are existing and vegetated adjacent to this site.Any additional landscaping required with future development will be reviewed with administrative applications (i.e.parking lot landscaping). Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and the required zoning regulations of the C-C zoning district and deems the short plat to be in substantial compliance with said requirements. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. B. The Meridian City Council heard these items on October 4,2022.At the public hearing,the Council moved to approve the subject Short Plat request. 1. Summary of the City Council public hearing a. In favor: Cameron Scott,Applicant Representative b. In opposition:None c. Commenting: Cameron Scott d. Written testimony: None C. Staff presenting application. Joseph Dodson f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: Page 2 a. None B. EXHIBITS A. Short Plat(dated: 7/22/2022) PLAT OF LINDER VILLAGE WEST SUBDIVISION 23 24 A Replat of Lot 1,Block 1 of Linder Village Suhdfvision r.ureln- Situated In the Northwest IM of the Northwest 1/4 0 Section 25,Tawnship 4 W.Chi,den Blvd.(Highway 20/2l Prx cPpr ne_eol i-D124]a 26�25 MI101g,1 West,DIM,City of Meridian,Ada County,Idaho 0 50 — llq 1. 2022 Plan Svlu.:2"-SD' Linder Vigage SHEET INDEX SV gdivislpn SNEET 1 P.wT MAP.uNE TAats.—Es.AND LEGEND sNFCT z -naTEs —IFIC.1 CF owNJz•s $ N -El IAW14'2-E ss]'�S a'�_ SFEEF.5 -CLRN—Di AND nPPRICA— ao IF z'o II " o1a wl - F 9a.13. LEGEND __.. =N PC T 0 Fn-,1NP.A 1.NRAEs UP `Nm ° F.--ALUM114UN.1 As NLI-O `30 ® FOJNC ElRh55 PLJC AkNF:;)-F SI PI:.S]et]" � FOUVn o/9-INC.V R�eC4 WI1H PLASTIC GP VAARUED n III b I I i ® sET a/e-lns4 REaw rvrm etAsrlc UP CwRNEo C� 'h6 1245" 1�1 �53.oD I 9LOLKL OALDUUTED POINT,NOThINO FOUND OR 5ET 1 II I L31 © 11 T NUMDF•2 Linder Village ADCAc�Nr L„T rvumaER 3 Subdivision SD9DIVIKIN as NNCARv NN= LOT LINE sEclav uNE o NNE TAaLE AJADx]QI PNOPCRD LINE 3 I�a9_b' �J Ie,DY IwND Po'xw SISEN[tiT urve e-..wlnc o,nw¢ -------- E45EMEN:LINE PEP iNE'.N°.2020 029948 _ _ ID LNE Fev. TTr _ 210N1'-OF--LINE I I LLIIL LG MN OF MEN N SEY([Z: AND WATER E,IEMFNr I _cD'(sEE now II) iP ER Irys1_c,(j(171-O'4160 II K a M II. m "c, REFERENCES _ j _ al uT CN o1 P-AS nT t�cL 30.rvECONDs iP,2. a IF VPIAPa1111,ANo_ m/. j IrveI.1A_ /SgDRt�d�R OF54fN COUNtt�EWYO - - k nT,nDEs 1]�aa-.]5�a.I--of aw couNrr,I— _ Yulc 1e-111EPs+ R AT s.F.n33e-].Te REmSD,of A'BOOK SO 1wv.o rIF' a>s Nr 4 IAT DF eDVMINt CCMNONS SU9DIVISION�,BOVn.I Uf PLAIS 1 1 . RECORD OF 5i14VFr No.L299.3ECORnS 0-AM OOLNFY.I].AHO. C. RECOF:o OF sumEr N.DID.,NEcoNDs OF 7.countt,�, ry i o �4 rer, kF:CJkp OF 5—No.1DME.RECORDS OF PDA OOLNI'—0 Ea. 1-11 of sum•Er No.I lu,4,1Ec—of MA 3111-1 1-11 P .ri Ins.u�.ie:o-sseessrx OF ADA C—I In DS lawn rv. RECORD OF suRFP.v Nv. RECOR $o _ _ a GxY 'G, soo°3�' w R -Plats ar 1329T'S6 Pac-�s laa.s 199,1.9Ecoms OF ADn couurr.1DAaD. SURVEY NARRATIVE ww1PRI N `FOV N89°04'S1" .5B 2 w _NOT r�uuo NLL=o1AID RE,ACM As w.P1.�4 shl DF. FT] r— km ENG1 N ENcE RIwNC ' - 26 25 T I/a aw _ n n eE'L4rwR o N�„nliem�as ar PER cvaF No.m s-DICan vPDN L.BP��O�.4Z'Y°a rinF Page 3 Mn E � � S, om D' V S �3TLl uz §l- my oh _ p4 F. ffi El;.5 „ O Ln m � D L E ow a � a W Q _ < cr ui o m�8 so-tea .._..gag MHO s 8 55rCr� s i F e "ate IU�L �i ova =e�3m oµ�000bmxem= ao �� a„� Page 4 B. Overall Concept Plan(information only): r � - 5 G� ,1 L it 1 i 1 PAD L L M SF • I I i L 45 ! 4 �'L f- RT.wl TQ1WM M1 5L •h L L }• 5 + PAD M Ps4N i , lI �' E ip - E ; .--------- ------------- Page 5 C. Landscape Plan(previously approved with Linder Village Sub.) General Location APPROVED f-I DR tumurE rash r Page 6 C. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2017-0088(AZ,PP,VAR; DA Inst. #2019-028376); FP-2020-0004; H- 2021-0034(DA Inst. #2021-102392); A-2021-0119. 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, obtain the signatures from the Ada County Highway District and Central District Health Department. 4. The short plat prepared by KM Engineers on July 22,2022 by Aaron L. Ballard, included in Section VII.A, shall be revised as follows: a. Add the latest DA instrument number(DA Inst. #2021-102392)to plat note#4 for the latest DA Modification that includes the subject area. 5. Approved lots within this short plat shall be subject to the existing cross-access and cross- parking agreements for the overall Linder Village Subdivision noted in the recorded covenants, conditions,restrictions, and easements(Inst. #2020-035128). 6. Prior to building permit submittal for each new commercial building, Certificate of Zoning Compliance and Design Review approval shall be obtained. 7. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. No changes in public sewer infrastructure shown in record. Any changes must be approved by public works. 2. Ensure no sewer services pass through infiltration trenches. 3. No changes to public water infrastructure shown in plans. Any changes must be approved by public works. 4. Both of the new parcels have existing meters to the site.Any unused meters must be abandoned. General Conditions: I. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Page 7 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313- 14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have Page 8 been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting(http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20- feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 D. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use Community and the current zoning district of the site is C-C. City Council finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district and previous approvals. B. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to this property and are adequate to serve the future commercial building sites. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed short plat to create new commercial building lots will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. City Council is not aware of any significant natural, scenic or historic features associated with short platting this site. Page 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works Agreement with Knighthill, LLC to Accept Payment in Lieu of Installing Streetlight at Knighthill Subdivision Lot 8 Mayor Robert Simison Wl II�IAN i�~� City Counci Members Tre Bernt Joe Borton Public Works I D A H 0 Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader 000 TO: Mayor Robert Simison Members of the City Council FROM: Micah Bandurraga—Transportation and Utility Coordinator DATE: 10/07/2022 SUBJECT: AGREEMENT TO REIMBURSE THE CITY OF MERIDIAN FOR THE INSTALLATION OF (1) STREETLIGHT ALONG CHINDEN BLVD FRONTAGE REQUESTED COUNCIL DATE: 10/18/2022 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Wylie LLC. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Micah Bandurraga, TUC 208-489-0370 Clint Dolsby, Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Backgroun One of the site specific conditions of approval for the Knighthill Subdivision Lot 8 was to reimburse the City of Meridian for the installation of(1) streetlight along W. Chinden Blvd. The streetlight was installed as a City project along the south side of W. Chinden Blvd to accommodate ITD's regulations of a minimum of 1 mile of streetlighting must be installed at a time. ITD has historically required 1 mile segments of State Highways have continuous lighting. Page I of 2 B. Proposed Project Pursuant to the attached agreement with Wylie LLC, the City will accept the amount of$8,465, as the reimbursable amount of the installation of(1) streetlight. These funds have been utilized to install a streetlight at the properties frontage and thus will be reimbursed by the developer. Wylie LLC is in favor of this solution and has signed the attached agreement. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will reimburse the City of Meridian for funds spent to enhance public safety along Chinden Blvd. C. Fiscal Impact: Per this agreement the City will received$8,465. This is the amount the City paid to install a light along the W. Chinden Blvd frontage. V. TIME CONSTRAINTS Council approval of this agreement will allow Wylie LLC. to finalize the agreement and meet this portion of the lighting requirements for Certificate of Occupancy. VII. LIST OF ATTACHMENTS Agreement to Accept Payment as a reimbursable for the installation of(1) streetlight along W. Chinden Blvd frontage for the property of Knighthill Sub Lot 8 for Wylie LLC. Approved for Council Agenda: Page 2 of'2 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT KNIGHTHILL SUBDIVISION LOT 8 This AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT KNIGHTHILL SUBDIVISION LOT 8 ("Agreement"),made this of October, 2022 ("Effective Date")between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho ("City"), and Knighthill LLC,whose address is 1676 N Clarendon Way, Eagle,Idaho 83616 ("Property Owner"). WHEREAS, Property Owner is the owner of Knighthill Subdivision,Parcel number R4995350110 located at 6349 N Linder Road in Meridian, Idaho, described as LOT 8 &POR LOT 9 BLK 1 KNIGHTHILL CENTER SUB NO 03 PARCEL A ROS 12986#0100-C#0200-S ("Subdivision"); WHEREAS,Wylie has received from City, conditional approval of the certificate of occupancy for the Knighthill Subdivision Lot 8, Case No. C-SHELL-2021-0039; and, WHEREAS, one of the Site-Specific Conditions of Approval of C-SHELL-2021-0039, is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS,the City has fulfilled this obligation, as a joint effort with the Idaho Transportation Department, for the street lighting along West Chinden Boulevard for this development("Location"). NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above,which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY PROPERTY OWNER. A. Payment.By October 28, 2022, Property Owner shall pay to City eight thousand four hundred and sixty-five dollars and zero cents ($8,465.00), for the installation of one (1) streetlight, already installed for this Location. B. Consent to entry. Property Owner shall, and hereby does,provide to the City perpetual consent and access to enter the Subdivision for the purpose of inspecting or installing streetlights and related infrastructure. Except in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Property Owner at least twenty- four(24)hours prior notice of such entry. Such notice may be verbal, written, or be posted at Location. II.COMMITMENTS BY CITY. A. Installation. City agrees to accept the amount set forth in this Agreement in lieu of requiring Property Owner to install the one(1) streetlight at Location. AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 1 B. Payment of additional expense for installation. Upon Property Owner's payment of the amount set forth herein,the requirement in C-SHELL-2021-0039 to install streetlight at Location shall be considered satisfied. City shall be responsible for any additional cost of installation of streetlights beyond the amount paid by Property Owner under this Agreement. III.GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. B. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail,postage prepaid, addressed as follows: If to City: If to Property Owner: City of Meridian Knighthill, LLC City Clerk 1676 N Clarendon Way 33 E. Broadway Ave. Eagle, ID 83616 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. C. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. D. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. E. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination, or forfeiture of this Agreement. F. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. G. 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 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 2 after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 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. The City's ordinances appertaining to streetlight installation and maintenance, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. I. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. J. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. K. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the Effective Date first above written. Proper Owner• i� G ighthill, LL amen R Wylie IV, Manager CITY OF MERIDIAN: Attest: Robert E. Simison 10-18-2022 Chris Johnson 10-18-2022 Mayor City Cleric AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 3 V IDIAN� AGENDA ITEM ITEM TOPIC: Cooperative Agreement Between the Western Ada Recreation District and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities Mayor Robert E. Simison E IDIAN*4-�- City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader October 5, 2022 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Steve Siddoway, Parks & Recreation Director Garrett White, Recreation Manager, MPR Dept. RE: Cooperative Agreement Between the Western Ada Recreation District and City of Meridian for Financial Contribution To Support Licensed Recreational Activities Background The City of Meridian is now operating the Lakeview Golf Course,the Meridian Pool, and the small park on Tammy Street which are still owned by the Western Ada Recreation District(WARD). It is still the intent of WARD to turn over all assets to the City by September 301, 2024. The attached agreement defines the WARD 2023 financial contribution of$600,000 to be used for ongoing operations of the facilities mentioned. WARD's contribution will be collected in two equal payments with one being in February and the other in August. Proposal To approve the Cooperative Agreement for Financial Contribution from the Western Ada Recreation District. COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT and CITY OF MERIDIAN FOR FINANCIAL CONTRIBUTION TO SUPPORT LICENSED RECREATIONAL ACTIVITIES This COOPERATIVE AGREEMENT ("Agreement") is entered into this 18th day of October , 2022 (the "Effective Date")by and between Western Ada Recreation District, a recreation district created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. District is a recreation district created to serve western Ada County. District's mission is to provide and promote aquatics recreation in Western Ada County, which it fulfills by the operation of the Meridian Community Pool ("Pool"). District also operates a .57 acre public park in the Settlers Village Subdivision("Park") and is the Leaseholder of the Lakeview Golf Course ("Golf Course") in Meridian. b. Idaho Code § 31-4317(h))provides that District may enter into cooperative agreements with the state, other authorities, counties, and cities under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or District of said agencies. c. City and District have License and Maintenance agreement(s) in place whereby City, as licensee, has agreed to operate and maintain the Golf Course, the Pool, and the Park. d. District has budgeted, for the 2023 Fiscal Year, funds for operation and maintenance of the Pool, Park, and Golf Course. e. District desires to contribute to City the 2023 Fiscal Year budget amounts below for the Pool, Park, and Golf Course to support services, capital and overhead expenses as set forth in the License and Maintenance agreements between District and City. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect commencing on the Effective Date and will terminate on the 30th day of September 2023, unless earlier terminated pursuant the mutual written agreement of the parties hereto. DocuSign Envelope ID:3AEAF6DD-07FD-48A2-B7A8-4DFF2D234213 COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN PAGE 1 Section 2. Purpose The purpose of this Agreement is for District to pay to City $600,000.00 to support services, capital and overhead expenses for the Pool, Park, and Golf Course, as set forth in the respective license and maintenance agreements for such facilities, in Fiscal Year 2023. City shall collect and retain revenues received from Pool, Park, and Golf Course operations. Section 3. Payment and Future Renewals. a) District shall pay the amount set forth in Section 2(a) in two equal payments. The first payment shall be made in February of 2023. The second payment shall be made in August 2023. The parties acknowledge that any Pool, Park, or Golf Course related expenditures incurred by District shall be deducted from the District's payment to City due in August 2023. District's payments shall be pro-rated in the event of termination of any of the license and maintenance agreements. b) Payment shall be made directly to City at: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 c) It is acknowledged by the Parties that District's mill levy rates shall be governed by the License and Maintenance Agreement between Western Ada Recreation District and the City of Meridian for Maintenance and Operation of Meridian Community Pool and Park at Settlers Village Subdivision ("License and Maintenance Agreement"), entered into by the Parties on February 8, 2022, and any subsequent amendments or addenda thereto. This Agreement, and successive iterations thereof, are and shall be subject to this License and Maintenance Agreement. Section 4. Miscellaneous. a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body and is fully vested with the authority to bind such party in all respects. b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties and shall survive the severed provisions. c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between District and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. DocuSign Envelope ID:3AEAF6DD-07FD-48A2-B7A8-4DFF2D234213 COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN PAGE 2 d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. f) Neither party shall have the right to transfer or assign all or any portion of such party's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. g) This Agreement shall be binding on the parties hereto, and their successors and assigns. EXECUTED and effective as of the Effective Date first above written. Western Ada Recreation District: City of Meridian: DocuSigned by: S" (NrAt, Shaun Wardle Robert E. Simison 10-18-2022 Board President Mayor ATTEST: Chris Johnson 10-18-2022 City Clerk DocuSign Envelope ID:3AEAF6DD-07FD-48A2-B7A8-4DFF2D234213 COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN PAGE 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Mutual Aid and Memorandum of Agreement for Peace Officer Training between City of Meridian and City of Nampa C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: 10/18/2022 Presenter: Cpt. Berle Stokes Estimated Time: 10 min Topic: Interagency Mutual Aid and Memorandum of Agreement for Peace Officer Training between City of Meridian and City of Nampa Recommended Council Action: Signature from Mayor and Clerk needed Background: The Agreement establishes the terms and conditions under which the parties undertake cooperative law enforcement operations through mutual assistance within each party's respective jurisdiction. INTERAGENCY MUTUAL AID AND MEMORANDUM OF AGREEMENT FOR PEACE OFFICER TRAINING BETWEEN CITY OF MERIDIAN AND CITY OF NAMPA This INTERAGENCY MUTUAL AID AND MEMORANDUM OF AGREEMENT FOR PEACE OFFICER TRAINING BETWEEN CITY OF MERIDIAN AND CITY OF NAMPA ("Agreement") is made this 18thday of October ,2022 by and between the City of Meridian and the City of Nampa(collectively, "Parties"). WHEREAS,the Parties have established and operate respective police departments as provided by Idaho Code Section 50-209 and,pursuant to Idaho Code sections 50-301, 67-2326, 67-2328(b), 67-2337(4) are authorized to enter into this agreement; and WHEREAS,the parties hereto are mutually interested in encouraging and supporting joint training for prospective officer candidates, and recognize that through cooperation, public resources can be leveraged to eliminate duplication of efforts, realize economies of scale, standardize processes and requirements, and strengthen public safety on a regionwide basis; and WHEREAS,the Parties desire to be able to voluntarily assist each other, when needed, by the exchange of law enforcement services and facilities, in order to realize the most efficient use of their respective powers, cooperate to their mutual advantage, and provide mutual aid in a manner that will best accord with geographic, economic, population, and other factors related to the needs and development of the respective Parties; NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein and the recitals set forth which are a material part of the Agreement, the Parties agree as follows: I. DEFINITIONS. A. Police Chief. The department head and/or his/her duly authorized representative, having primary peace officer jurisdiction within the territory. B. Officer: Any sworn peace officer employed by a party. C. Trainee: An employee of either party hired provisionally pending training, certification, and swearing in as a peace officer. D. Trainor: An officer employed by a Party assigned and duly qualified to provide peace officer training to Trainees. E. Requesting Party: The party requesting or accepting law enforcement services or assistance pursuant to this Agreement. F. Assisting Party: The party providing law enforcement services or assistance pursuant to this Agreement. G. Assistance or Aid: Provision of law enforcement services and duties, including the prevention, investigation and detection of crime, and the enforcement of penal, traffic, or highway laws. MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 1 II. PURPOSE AND SCOPE OF AGREEMENT. A. Mutual aid. This Agreement establishes the terms and conditions under which the Parties undertake cooperative law enforcement operations through mutual assistance within each party's respective jurisdiction. The duty of each party to provide assistance to the other is discretionary, but each party agrees that it will provide such assistance to the extent that it determines that it has sufficient equipment and personnel to provide the requested assistance. Each party agrees that the purpose of this Agreement is not to provide usual law enforcement duties for the other, and that it has no right to demand assistance of the other party. B. Cooperative training. This Agreement establishes the terms and conditions under which the Parties cooperate to provide officer training to Trainees employed by either or both Parties. III.ADMINISTRATION OF AGREEMENT. A. Working Group. This Agreement shall be administered by a working group comprised of the Nampa Police Chief or designee, the Meridian Police Chief or designee, a Trainor employed by the Nampa Police Department, and a Trainor employed by the Meridian Police Department. The Working Group shall meet at least annually and at any other time subject to the call of any member thereof. B. Day-to-day operations. The day-to-day business and affairs of this Agreement shall be administered, as herein provided, by the Working Group. C. Expenditure of funds. Any expenditure of funds in the furtherance of the objectives set forth in this Agreement shall require prior approval by each Party's respective governing board. IV.EXTRATERRITORIAL EXTENSION OF PEACE OFFICER AUTHORITY. A. Consent. The respective Police Chiefs of the Parties severally consent that the authority as a peace officer of the officers of each Party is hereby extended into the jurisdiction or territory of the other Party, where requested by the Police Chief or other officer upon recognition of a situation or circumstance within the jurisdiction or territory of a Party which requires law enforcement action or other emergency action. B. Prior request for assistance. Requests for assistance involving major occurrences which may require a large number of officers, resources, or a considerable investment of time shall be made pursuant to the assisting agency's relevant departmental policies. Commanding officers or designees may mutually establish pre-incident plans indicating the type and locations of potential areas where mutual assistance may be needed. C. Immediate request for or provision of assistance. Requests for immediate or emergency assistance may be made by an officer of either Party. MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 2 D. Voluntary provision of assistance. An officer of either Party may provide voluntary assistance or voluntarily initiate a law enforcement action in the jurisdiction of the other Party, subject to the provisions of this agreement. E. Joint law enforcement operations. Any joint law enforcement operations utilizing the facilities, equipment, or personnel of the Parties shall be deemed within the purview of this Agreement and be subject to all provisions hereof unless otherwise provided for by separate written Agreement. F. Report provision of assistance. Pursuant to Idaho Code section 67-2337(5),the Party whose officer is providing assistance, whether pursuant to an immediate request for or voluntary provision of assistance shall report, as soon as safety allows, to the requesting law enforcement agency. G. Liability. Pursuant to Idaho Code section 67-2337(4), the Party whose officer is providing aid shall be responsible for any liability arising from the acts of its employees participating in such compact. Each Party shall assume complete liability for damages, claims, expenses, or injuries attributable to the conduct of its officers. H. Aid voluntary. In all instances of assistance, whether requested or voluntary, the assisting party may render such assistance as it can provide in consideration of its own law enforcement needs at the time, and may at any time and in its sole discretion withdraw such assistance when the officer or resources are needed in their own jurisdiction. I. Territorial limits. All assistance rendered under this Agreement shall be within Ada County and Canyon County. J. Control and responsibility. Officers of the requesting party shall be primarily responsible for making and processing arrests, impounding property, and/or safeguarding lives or property within the territorial boundaries of its jurisdiction. When an assisting officer, while in the requesting party's jurisdiction, takes a person or property into custody, such officer shall relinquish custody of said person or property at the earliest convenience to an officer of the requesting party for disposition in accordance with the laws and policies of the requesting party's jurisdiction. K. Subpoenas; prosecution. Officers of the assisting party who are subpoenaed to court as a result of providing assistance shall honor and comply with such subpoenas. Officers of the assisting party shall cooperate and participate in the prosecution of any cases which arise from such assistance. Each Party shall bear all costs and pay all compensation associated with their officers in answering subpoenas or making court appearances. This provision shall survive termination of this Agreement. L. Standard of conduct. Officers providing assistance under this Agreement shall MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 3 meet the standards of conduct set forth in its employing agency's policies and in Idaho law. M. Compensation. No compensation shall be due for services rendered or equipment furnished under this Agreement. Each party agrees to be responsible for the payment of compensation and benefits for its officers who provide mutual assistance under this Agreement. Each party shall budget for expected expenses under this Agreement. Officers of the assisting party shall not be considered employees of the requesting party; each party shall be responsible for all wages, benefits, insurance, and worker's compensation for its respective officers. N. Jurisdiction; authority. Nothing in this Agreement shall be construed as either limiting or extending the lawful jurisdiction of either Party other than as set forth herein. All law enforcement powers; all privileges and immunities from liability; all exemptions from law, ordinances, and rules; all disability, worker's compensation, and other benefits inuring to officers, agents, or employees in the performance of their respective functions within their respective territorial limits shall apply to officers to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorily under the provisions of this Agreement. V. PROVISION OF EQUIPMENT. A. Shared use. In rendering mutual assistance, each party's officers shall be responsible for the provision and maintenance of their own equipment, materials, and supplies, except in cases of emergency, where it appears to the officers involved that the sharing or use of equipment owned by the other Party is necessary or proper. B. Damage. Each party shall bear the costs for any damage done to equipment it owns, regardless of the locus of such use, except that if a Party requests the use of the other Party's equipment without the involvement of officers from the Assisting Party in the deployment and/or use of the equipment,the requesting party shall be responsible for any and all damage to the equipment. VI.TRAINING ACADEMY. The Parties agree to work together to jointly establish and operate a basic patrol training academy for Trainees, canine patrol academy for officers, and other academies deemed expedient by the Working Group ("Academy"). Each and all Academies shall occur pursuant to the following conditions: A. Trainers appointed. Each Party shall provide Trainers to teach the Academy. B. Trainor certification. All Trainers shall be duly certified by Idaho Peace Officer Standards and Training ("POST")to provide the training. C. Academy curriculum. The curriculum used in the Academy shall be as established or approved by the POST Council. MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 4 D. Certification standards. In order to receive a certificate of graduation, Trainees or Officers must successfully complete all training and testing. E. Scheduling; supplies. The Working Group shall collaborate to establish the dates, times, locations, rules and regulations, and order of curriculum presented in the Academy; to determine what materials and supplies are needed; and to allocate the costs of same between the Parties. Each Party shall be responsible for communicating information and expectations about the Academy to its respective Trainees or Officers enrolled in the Academy. F. Rules and regulations. Officers, Trainers, and Trainees shall comply with the written rules and regulations duly reviewed and adopted by the Working Group, a copy of which shall be provided to all participants. G. Trainees. It is the responsibility of each Party to: 1. Provide adequate physical and mental screening and preparation of its Officers and Trainees, if necessary for participation in Academy training and activities. 2. Provide for the payment and provision of wages, benefits, and workers' compensation coverage for its Officers and Trainees. 3. Bear the risk of any loss or damage to its facilities or equipment, or injury to its Officers or Trainees occurring as a result of the performance of any activity pursuant to this Agreement, unless such loss or damage is attributable to the tortious conduct of another party. 4. Provide adequate training and/or certification and/or licensure of its Officers and/or Trainees if required as a condition of providing or participating in Academy training and activities. H. Recruiting. The Parties will not actively attempt to recruit Trainees employed by the other Party, and will not hire Trainees within eighteen(18)months of their completion of the basic Academy. V1I.GENERAL TERMS. A. Termination. This Agreement may be terminated upon thirty(30)days' written notice by either Party. B. Effective Date. This Agreement shall become effective upon the date upon signature by both parties' respective governing boards. C. Hold harmless. Each agency will hold harmless every other agency and, as applicable, its officers, directors, commissioners, managers, employees, contractors, agents, and representatives from and against any and all claims or actions for loss, injury, death, costs, damages, liabilities, losses, costs or damages resulting from activities related to this Agreement. D. Non-Appropriation. The Parties acknowledge and agree that the validity of this MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 5 Agreement is based upon the availability of public funding under the authority of the Parties' respective statutory mandates. E. Applicable law. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. F. Entire agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. G. Approval required. This Agreement shall not become effective or binding until approved by the respective governing body of each party hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates written below. CITY OF MERIDIAN: Dated this 18th day of October , 2022. By: Robert E. Simison, Mayor 10-18-2022 T Basterrechea, Police Chief Attest: Chris Johnson, City Clerk 10-18-2022 CITY OF NAMPA: Dated this day of , By: Debbie Kling, Mayor Joe Hu , o ice Chief Attest: Charlene Tim, City Clerk MPD AND NPD MUTUAL AID AND TRAINING ACADEMY MOU PAGE 6 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Subrecipient Agreement between Jesse Tree of Idaho, Inc. and the City of Meridian for Emergency Housing Assistance Grant Funds SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND JESSE TREE OF IDAHO, INC. FOR EMERGENCY HOUSING ASSISTANCE GRANT FUNDS This SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND JESSE TREE OF IDAHO, INC. FOR EMERGENCY HOUSING ASSISTANCE GRANT FUNDS ("Agreement") is entered into this 18th day of October , 2022 ("Effective Date") by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") City, and Jesse Tree of Idaho, Inc., a nonprofit organization organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS,in response to the public health and economic crises caused by the COVID-19 pandemic, in March 2021, Congress passed the American Rescue Plan Act of 2021 ("ARPA") which, among other things, established the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF") to provide local governments with the resources needed to respond to the economic effects of the pandemic and build a stronger, more equitable economy during the recovery; WHEREAS,pursuant to ARPA, the City of Meridian has received SLFRF funding from the United States Department of Treasury ("Treasury"); WHEREAS,the City Council of the City of Meridian has established the Emergency Housing Assistance ("EHA") Grant Program, to provide emergency housing assistance to Meridian residents, as authorized by the regulations promulgated by Treasury (87 Fed. Reg. 4449 (January 27, 2022) (to be codified at 31 CFR section 35.6(b)(3)(ii)(A)(1)), and has dedicated $250,000 of the City's SLFRF funds to such Program; WHEREAS,the City issued a Request for Applications ("RFA"), as set forth in Exhibit A, seeking applications for EHA Grant funds from nonprofit organizations and quasi- governmental agencies prepared to use such funds to deliver emergency housing assistance services to Meridian residents; WHEREAS, Subrecipient's mission is to prevent eviction and homelessness by supporting our neighbors at risk of housing loss, empowering them to stay in their homes; and WHEREAS, Subrecipient has proposed to use EHA funds to provide funding for rental assistance to offset tenants' back rent, and security deposits for tenants who need to relocate during or immediately after an eviction, which activity will achieve the objectives of the EHA Grant Program; and WHEREAS,by this Agreement, City and Subrecipient wish to establish the roles and responsibilities of the Subrecipient related to the investment and utilization of EHA Grant funds to be provided to Subrecipient by City ("Funds"); NOW, THEREFORE,in consideration of the mutual covenants of the parties, the Parties agree as follows: RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 1 OF 34 I. SUBRECIPIENT'S RESPONSIBILITIES;SERVICES ADMINISTRATION. A. Activities. Subrecipient shall use the Funds, in the amount of two hundred and fifty thousand dollars ($250,000.00), to provide rental assistance or security deposit assistance for low-income Meridian renters facing eviction ("Services"), as set forth in Subrecipient's response to the RFA as set forth in Exhibit A. Subrecipient shall use the Funds only for the Services. Subrecipient shall not use the Funds for salaries, staffing, or any other administrative expenses. Subrecipient's use of the Funds shall be consistent with any and all terms and conditions of the EHA Grant Program, this Agreement, ARPA, and rules and guidance issued by Treasury. B. Time of performance. Subrecipient shall initiate provision of the Services on the Effective Date and shall complete provision of the Services by September 30, 2023. The term of this Agreement and the provisions herein shall apply during this term, and for any additional time period during which Subrecipient remains in control of Funds. C. Budget. Subrecipient shall use the Funds to complete the Services in accordance with the budget set forth in Exhibit A. All Funds unused as of September 30, 2023 shall be returned to the City. D. Closeout. By October 30, 2023, Subrecipient shall submit a final report to City. The final report shall include: 1. Written narrative describing the use of the Funds for the Services. 2. Detailed final budget, showing date(s) and use(s) of the Funds. 3. Check payable to City of Meridian for any unused Funds. E. Draw requests. Funds for Services will be available following execution of this Agreement and City's receipt of Subrecipient's completed W-9 form. To obtain Funds, Subrecipient shall submit a draw request via the City's online grant management system. Each draw request may be for up to $25,000 of the Funds allocated for Subrecipient's provision of the Services. Upon City's verification of progress toward Services goals and/or completion; review of any required documentation; and review of financial and performance reports and site visit(s), as appropriate, the Grant Administrator will forward to the City Finance Department a request that the City remit a check to Subrecipient in the requested amount. F. Performance monitoring. City's Grant Administrator shall monitor Subrecipient's investment of the Funds to ensure that Subrecipient is investing such funds to provide the Services. Performance monitoring may include review of financial and performance reports, as well as site visits, as appropriate. G. Special Conditions. 1. Subrecipient understands and agrees that the allocation of Funds may be used to provide services only to City of Meridian residents. Subrecipient shall verify that any and all persons who receive Services funded by the Funds granted to Subrecipient RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 2 OF 34 pursuant to this Agreement reside within the city limits of Meridian, Idaho. Subrecipient must deem any client who does not meet this requirement to be ineligible to receive Funds and shall suspend use of Funds for such client. 2. Subrecipient certifies that Subrecipient does operate, and shall operate throughout the term of this Agreement, in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to review financial and performance reports and/or verify compliance with all program requirements. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with all laws and policies applicable to the Funds, including, but not limited to: 1. Treasury Final Rule for Coronavirus State and Local Fiscal Recovery Funds, 87 Fed. Reg. 4338 (January 27, 2022) (to be codified at 35 C.F.R. Part 35), in particular, 31 CFR section 35.6(b)(3)(ii)(A)(1) (87 Fed. Reg. 4448). 2. Supplementary Information at 87 Fed. Reg. 4360, regarding Emergency Housing Assistance. 3. Latest guidance and FAQs issued by Treasury. 4. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200. B. Performance monitoring. City will monitor the performance of Subrecipient for compliance with this Agreement, the RFA and Subrecipient's response thereto, and applicable regulations and guidance. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit to review the completeness and accuracy of records maintained. Substandard performance, as determined by the Grant Administrator, 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, City shall initiate termination procedures. Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate reports or documentation, delinquent report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible for further Funds. RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 3 OF 34 C. Budget. Subrecipient shall adhere to the budget in Exhibit A. Subrecipient shall obtain written approval from City prior to any change in use of Funds. D. Progress Reports. Subrecipient shall submit progress reports on a quarterly basis via the Neighborly online portal. If Progress Reports are delinquent, funding requests will not be processed until the delinquency is cured. E. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. F. 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, Fund 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 Funds, including program income. G. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, Treasury or its agent, or other authorized official, 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 applicable laws, regulations, policies, 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; repair shall include repayment of any funds used in any manner or for any purpose not contemplated by this Agreement. 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 from City under the EHA Grant Program and other grant programs. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. H. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. I. Payment Procedures. 1. 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. RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 4 OF 34 2. Draw requests. It is expressly agreed and understood that the total amount to be paid by City for each draw request shall not exceed twenty-five thousand dollars ($25,000). City will not accept or process reimbursement requests prior to City's receipt of ARPA funds; the Grant Administrator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Draw requests shall only be accepted via the City's online portal and must be completed in full to be processed. All reimbursement requests are to be submitted in coordination with the Grant Administrator. Draw requests shall include the following: detailed documentation showing that the expense was used for Services, and proof that Subrecipient has paid such expense (e.g., canceled check). Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than November 1, 2023. Subrecipient shall forfeit any Funds not requested within the timeframes set forth in this Agreement, unless otherwise authorized, in writing, by City. 3. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management("SAM") and, per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. J. Documentation required for real estate transactions. Subrecipient shall maintain real property inventory records that clearly identify properties in which Funds are invested for lease or mortgage payments. K. 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 Services to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b), including: a. Identification, in its accounts, of all Federal awards received and expended and the Federal programs under which they were received. Federal program and Federal award identification must include, as applicable, the Assistance Listings title and number, Federal award identification number and year, name of the Federal agency, and name of the pass-through entity, if any. b. Accurate, current, and complete disclosure of the financial results of each Federal award or program in accordance with the reporting requirements set forth in 2 CFR §§ 200.328 and 200.329. c. Records that identify adequately the source and application of funds for federally- funded activities. These records must contain information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation. d. Effective control over, and accountability for, all funds, property, and other assets. Subrecipient must adequately safeguard all assets and assure that they are used solely for authorized purposes, per 2 CFR § 200.303. RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 5 OF 34 e. Comparison of expenditures with budget amounts for each Federal award. f. Written procedures to implement the requirements of 2 CFR § 200.305. g. Written procedures for determining the allowability of costs in accordance with 2 CFR Subpart E and the terms and conditions of the Funds. 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 provision of Services funded under this Agreement. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) 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. L. Insurance coverages and limits of liability. Subrecipient shall obtain, maintain throughout the term of this Agreement, and provide to City proof of insurance coverage in the following amounts: 1. Workers' compensation.Workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. If any work is subcontracted, Subrecipient shall require its subcontractors to provide proof of workers' compensation insurance coverage. 2. Commercial insurance. Commercial general liability insurance, with the following minimum limits of liability: General aggregate: $2,000,000 Product/completed operations aggregate:$2,000,000 Personal & advertising injury liability: $1,000,000 Per occurrence: $1,000,000 3. Additional insured. Subrecipient shall include City as an additional insured party to all of the insurance coverage listed above. 4. No limitation of liability. Insurance coverage and limits of liability as specified herein are minimum coverage and liability requirements only. Nothing in this Agreement's requirements for minimum insurance coverage shall be interpreted to limit or release the liability of Subrecipient or any of Subrecipient's insurers. Subrecipient's insurance policy shall not contain any provisions, exclusion, or endorsement that limits, bars, or effectively precludes City from coverage or asserting a claim under Subrecipient's insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. 5. Documentation to be furnished. At any time upon City's request, Subrecipient shall also cause to be timely furnished to City a copy of declarations pages, schedules of RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 6 OF 34 forms and endorsements, and/or a complete and certified copy of the requested policy. 6. Notice of cancellation or modification; renewal. Subrecipient's certificates of insurance shall be signed by an authorized representative of the issuing insurance carrier and shall state that the issuing company shall provide the Parties a minimum of thirty (30) days' written notice prior to canceling or reducing any of the policies or limits required by this Agreement. Renewal certificates must be provided to the Parties a minimum of five (5) days prior to the effective date of the renewal. III.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity.Per 2 CFR Part 200, Appendix H, section (C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. 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 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375 and 12086. Subrecipient, in undertaking its obligation to provide the Services, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. 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. D. 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. § 701 et seq.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible. F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 7 OF 34 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. G. 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. H. 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 Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. J. Labor standards. Subrecipient shall comply with 2 CFR Part 200, Appendix II, section (E), regarding the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701- 3708), as applicable. K. Lobbying; political activities. 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 member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing 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 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, subgrants, 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. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 8 OF 34 certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure." 4. The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section (I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further 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.). IV.ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they may apply to the performance of this Agreement: the Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix H, section (G); the 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; and Environmental Protection Agency (EPA)regulations pursuant to 40 C.F.R. Part 50. B. Lead-Based Paint. Subrecipient shall notify all owners, prospective owners, and tenants of properties constructed prior to 1978 to which the Services pertain that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. V.GENERAL PROVISIONS. A. Appropriation. It is acknowledged by the Parties that availability of Funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to Treasury and Treasury's release of such funds to City. Unless and until Treasury releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that Funds are not made available to City, whether by Congress or by Treasury, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Termination. 1. Termination for convenience. Either party may terminate this Agreement for convenience by, at least thirty (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. Termination for cause. Termination of this Agreement, in whole or in part, may RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 9 OF 34 occur for cause, which cause may include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies or directives as may become applicable at any time; b. Failure 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 of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City grant programming. C. No agency; independent contractor. It is understood and agreed the Subrecipient is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in Subrecipient's use of the Funds. In all matters pertaining to this Agreement, Subrecipient shall be acting as an independent contractor, and neither Subrecipient nor any volunteer, employee, invitee, or agent of Subrecipient shall be deemed an employee of City. Subrecipient shall have no authority or responsibility to exercise any rights or power vested in City. D. Acknowledgment of risk. Subrecipient acknowledges that activity undertaken in conjunction with the EHA Grant Program and this Agreement presents risks, some of which are unknown, and Subrecipient agrees to assume all such risks. E. Indemnification; waiver. Subrecipient shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Subrecipient or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. F. Notices. Day-to-day communications between Subrecipient and the Grant Administrator shall occur by email or phone, as appropriate. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Subrecipient: If to City: Jesse Tree of Idaho, Inc. City Clerk, City of Meridian 1121 W. Miller Street 33 East Broadway Avenue Boise ID 83702-6920 Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 10 OF 34 G. Default or breach; cure; termination. If Subrecipient is in breach or default of any of the terms, covenants or conditions of this Agreement and fails or refuses to cure such breach or default within fourteen (14) days of written notice thereof, this Agreement, and all rights of Subrecipient in and to the Funds, at City's option, may be terminated and forfeited without further notice or demand. H. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Subrecipient. I. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the granting or expenditure of Funds or any activity associated with Services. J. 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 City 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, Treasury, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontracts. 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. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. K. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with 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); the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and the requirements in 24 RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 11 OF 34 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. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. M. Applicable law; nonappropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution and the Idaho Public Records Act. Subrecipient acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. N. Compliance with laws. Throughout the course of this Agreement, Subrecipient and each and all of Subrecipient's volunteers, employees, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. O. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. P. 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. Q. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. R. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, agreements, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to Subrecipient. In entering into this Agreement, Subrecipient relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. RECIPIENT AGREEMENT WITH JESSE TREE FOR EHA GRANT FUNDS PAGE 12 OF 34 successors, assigns, legal representatives, heirs, executors, and administrators. T. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. U. 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 hereto have executed this Agreement on the Effective Date first written above. SUBRECIPIENT: Ali Rabe, Executive Director Jesse Tree of Idaho, Inc. CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 10-18-2022 Chris Johnson, City Clerk 10-18-2022 RFCIP1FNT AGRITNIFNT WITH JF.SSF TRLB FOR F,IIA GRANT FUNDS PAGE,14 OF 3 EXHIBIT A Program Overview Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 91612022 12:47 PM Address: *No Address Assigned Program Overview Please provide the following information. ( jWE � Emergency Housing Assistance Grant Meridian Idaho (208)-489-0575 ccampbell@meridiancity.org The City of Meridian has received funding from the United States Department of Treasury under the American Rescue Plan Act (ARPA) of Program Description 2021. The City seeks nonprofit and quasi-governmental partners prepared to use these funds to deliver emergency housing assistance services to Meridian residents. F_ Opens at 8:00 a.m. on September 1, 2022, closes at 5:00 p.m. on Application Period September 16, 2022 Available Funding $250,000 (One-time ARPA funds) Service Delivery Service e October 26, 2022 to September 30, 2023 TimefNonprofit organizations, as recognized by the IRS and Idaho Secretary of State, and quasi-governmental entities established by Idaho Code, with a primary focus on the Eligible Services as set forth below. Consideration will be given to the applicants: Eligible Applicants I. Prior experience with federal grant programs; II.Prior experience in delivering the Eligible Services; III. Administrative and financial capacity to provide the Eligible Services; IV. Appropriate design of the program delivery approach; and V.Ability to comply with Applicable Rules and provide regular reporting to City pursuant to written Agreement. Emergency housing assistance services to persons residing within Meridian city limits, as such services are enumerated in the Applicable Rules, including: Eligible Services . Rent, mortgage, and/or utility assistance, including direct or bulk payments to offset customer balances • Assistance paying delinquent property taxes to prevent tax foreclosures on homes Printed By:Crystal Campbell on 9/19/2022 14 of 34 NNeighborly Software • Counseling and legal aid to prevent eviction and homelessness • Emergency programs or services for individuals or groups experiencing homelessness (including temporary residences, rapid rehousing) • Housing stability services that enable households to maintain or obtain housing (e.g., housing counseling, fair housing counseling, case management related to housing stability, outreach to households at risk of eviction or promotion of housing support programs, housing related services for survivors of domestic abuse or human trafficking, specialized services for individuals with disabilities or seniors) • Counseling to prevent foreclosure or displacement • Relocation expenses following eviction or foreclosure (e.g., rental security deposits, application or screening fees) • Complete project application through Neighborly portal, including a narrative of the proposed Eligible Services to be delivered. Required for • Proof of System for Award Management (SAM) registration and Application Unique Entity Identification (UEI) number. • Acknowledgement of compliance with non-discrimination, fair housing, and lead-based paint regulations. • Department of the Treasury Final Rule for Coronavirus State and Local Fiscal Recovery Funds, 87 Fed. Reg. 4338 (January 27, 2022) (to be codified at 35 C.F.R. Part 35) Applicable Rules • 31 CFR section 35.6(b)(3)(ii)(A)(1) (87 Fed. Reg. 4448) • Supplementary Information at 87 Fed. Reg. 4360, regarding Emergency Housing Assistance • Latest U.S. Treasury guidance and FAQs FTO Apply Complete project application through Neighborly portal, including a narrative of the proposed Eligible Services to be delivered. 9/1/22: Application period opens at 8:00 a.m. 9/16/22: Application period closes at 5:00 p.m. By 9/20/22: Review of applications by scoring committee 9/27/22: Recommended projects will be presented to Council for final Timeline (subject to approval. revision) By 10/4/22: Selected partners negotiate and sign written Agreement with the City for use of EHA funds. 10/11/22: Approval of Agreement by City Council. By 9/30/23: EHA funds invested and reporting complete per Agreement and Applicable Rules. For more Contact Crystal Campbell at ccampbell@meridiancity.org. information :1 Printed By:Crystal Campbell on 911912022 15 of 34 NNeighborly Software A. Organization Information Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 9161202212:49 PM Address: *No Address Assigned A. Organization Information Please provide the following information. AGENCY INFORMATION PRIMARY CONTACT INFORMATION Name of Agency Job Title Jesse Tree Program Director Business Address First Name 1121 W Miller Street Evan UEI Number Last Name KDUSCEXVXFFI Stewart Select Status Email Non-profit Organization/Registered 501(c)3 evan@jessetreeidaho.org Provide any other names under which the organization Title has operated within the last 10 years. Mr. Jesse Tree of Idaho Phone Check each box to confirm that the agency has the 2082834010 following which are required for eligibility. FINANCIAL CONTACT INFORMATION Fair housing and civil rights documentation Job Title Executive Director Financial policies and procedures First Name Staff that have attended training on Fair Housing Ali Law in the past 12 months A Language Assistance Plan Last Name Rabe Vital documents translated in other languages Email Physical locations that are ADA accessible ali@jessetreeidaho.org QSeparation of duties for accounting Title M rs. Phone 2082834010 Printed By:Crystal Campbell on 911912022 16 of 34 NNeighborly Software ADDITIONAL CONTACT(OPTIONAL) Job Title Grant Writer First Name Mia Last Name Bartel Email mia@jessetreeidaho.org Title Ms. Phone Printed By:Crystal Campbell on 911912022 17 of 34 NNeighborly Software B. Project Summary Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 9115120228:14 PM Address: *No Address Assigned B. Project Summary Please provide the following information. 13.1. Project Name 6.6. Which eligible activity/activities is this application Emergency Rental Assistance (ERA) for? 13.2.Amount Requested Rent, mortgage, and/or utility assistance, including $250,000.00 direct or bulk payments to offset customer balances 13.3.Anticipated Timeframe 2 Assistance paying delinquent property taxes to prevent tax foreclosures on homes Start Date 10/26/2022 R1 Counseling and legal aid to prevent eviction and homelessness End Date 09/30/2023 Emergency programs or services for individuals or groups experiencing homelessness (including temporary 13.4. Location Where Services will be Offered residences, rapid rehousing) 1121 W Miller Street, Boise ID; and in tenants' homes in 2 Housing stability services that enable households to Meridian, ID maintain or obtain housing(e.g., housing counseling,fair housing counseling,case management related to housing B.S. Hours and Days Services are/will be Offered stability, outreach to households at risk of eviction or Monday- Friday, 9am-5pm promotion of housing support programs, housing related services for survivors of domestic abuse or human I understand that awarded funding is for the benefit trafficking, specialized services for individuals with of eligible activities in Meridian, Idaho. No funding shall disabilities or seniors) be utilized to support activities and efforts outside of the Counseling to prevent foreclosure or displacement City of Meridian. Relocation expenses following eviction or foreclosure(e.g., rental security deposits, application or screening fees) 13.7.Are you currently providing this service? Yes,these funds will replace funds we are currently using to provide this service. Printed By:Crystal Campbell on 911912022 18 of 34 NNeighborly Software C. Experience Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 911512022 8:35 PM Address: *No Address Assigned C. Experience Please provide the following information. C.1. Describe the experience of your organization with similar projects and/or providing services to the population(s) of focus. Identify other organization(s)that you will partner with in the proposed project and their experience. Jesse Tree has been administering its Emergency Rental Assistance program,which provides rental assistance and case management to families experiencing a temporary financial crisis, since 1999 and has utilized federal funds through the Community Development Block Grant (CDBG) program since 2001.The organization continues to administer grants through CDBG, Emergency Solutions Grant (ESG) and several other private funding streams. Over its 23 years of operation,Jesse Tree has provided Homeless Prevention (HP) services and financial help to over 7,000 families and 15,000 individuals, administering over$8 million in rental assistance.Just in the last twelve months, the organization has supported nearly 2,000 families, administering over$3 million in rental assistance. Jesse Tree staff bring over 40 years of collective experience working with homeless and housing insecure populations and 15 years of experience managing federal and City grants. Staff are experienced and trained in HP best practices used by other exemplary organizations around the United States.The organization maintains program policies including a manual outlining procedures that must be followed throughout service provision. Policies and procedures incorporate best practices as well as lessons learned by the organization over 23 years of administering HP services. Jesse Tree's case management team is trained and experienced in providing in-depth wrap-around support to clients throughout the eviction process, making sure they have what's needed to stay housed and become financially stable and self-sufficient moving forward. Staff are trained in mediation and work closely with landlords throughout the provision of case management, as well as basic landlord-tenant law so clients can be informed regarding basic information related to the eviction process and their rights and responsibilities so they can make informed decisions. Before clients exit the program, case managers ensure clients have a housing stability plan in place to ensure they can overcome barriers to housing stability in the future. Staff are regularly trained in grant compliance, quality service provision, and mediation. The Boise City/Ada County public-private partnership on ending homelessness, Our Path Home, designated Jesse Tree as the "Our Path Home—Prevent" Lead Agency, and Jesse Tree serves on the Executive Committee of Our Path Home. To fulfill this role, over the past two years,Jesse Tree has also been supporting the leadership of an HP Workgroup, allowing the agency to deepen partnerships amongst prevention agencies and to collaboratively define the community plan for HP.Jesse Tree is continuously building deeper partnerships with other agencies and organizations working in the homelessness and homeless prevention space in the City of Meridian, including: Health &Welfare Navigators, West Ada Schools, International Rescue Committee, El Ada, St.Vincent de Paul, WCA, FACES of Hope, and Jannus Economic Opportunity.Jesse Tree is also working with the temporary and federally-funded Boise City/Ada County Housing Authority(BCACHA) and Idaho Housing and Finance Association (IHFA) programs to assist clients with applications or to serve clients who are not eligible for other resources. Jesse Tree also works directly with Ada County Courts,going to court each day to administer case management services and financial assistance to tenants being summoned to court.Jesse Tree staff work with eviction court daily so that Printed By:Crystal Campbell on 911912022 19 of 34 NNeighborly Software tenants are connected to Jesse Tree's financial assistance, case management, and mediation services in court. Staff are trained to work with tenants in active eviction proceedings and to support tenants in avoiding eviction.The University of Idaho School of Law also provides legal interns to support Jesse Tree's court work through their Housing Clinic. C.2. Describe how this project fits into your organization's mission statement or overall purpose. Include the Mission Statement. Jesse Tree's mission statement is:Jesse Tree leads the Treasure Valley in preventing eviction and homelessness by supporting our neighbors at risk of housing loss, empowering them to stay in their homes. Jesse Tree is requesting funding for our Emergency Rental Assistance program, including funding for rental assistance to offset tenants' back rent, in addition to security deposits for tenants needing to relocate during or immediately after an eviction. Our organization's singular focus is providing information, supportive services, and financial assistance to prevent eviction and homelessness from happening to people and our community, as noted in our mission statement. Funding would be put directly into the Emergency Rental Assistance program,which has been running for 23 years. C.3. Provide a complete list of staff positions for the project. If the position is not filled, use the position title instead of a name. No staff funding is being requested through this grant. However,the following staff would participate in the execution of this grant and the disbursement of requested financial assistance funds. Evan Stewart Role: Program Director Effort: .1 FTE Qualifications: PhD Experience: Evan came to Jesse Tree in June 2020 from Missoula, Montana where he earned a doctorate degree in Applied Anthropology at the University of Montana. During his time at the University of Montana, he conducted his dissertation project in the high Himalayas of Nepal working with local communities and addressing water, sanitation, and hygiene needs in the region. Evan also worked as an anthropology instructor for the university. After graduating in May 2019, Evan remained in Missoula working as a social worker at a child abuse prevention agency where he provided direct services,taught the Adverse Childhood Experiences Study(ACES),family education classes, and resilience-building to members of the community. Grant Role: Evan will supervise all case management staff in the administration of rental assistance and ensure eligibility, quality, and compliance. Evan will lead the administration of grant reporting. Cassandra Artukovich Role: Operations Manager Effort: .1 FTE Qualifications: Five years in private healthcare and call centers Experience:After personally experiencing housing instability for a long period of time, Cassandra was inspired to join Jesse Tree to help others in the same position she had once been in. Before joining Jesse Tree, Cassandra spent five years in private health care supporting individuals with developmental disabilities, specializing in nonverbal communication. Shortly before joining Jesse Tree, Cassandra was a supervisor at a captioning company, providing live captioning services for individuals with hearing impairments across the United States and Canada. Grant Role: Cassandra would monitor and clean Jesse Tree's data in the Client Relationship Management (CRM) software and create and manage data dashboards to report on data to the City of Meridian. Cassandra would support Printed By:Crystal Campbell on 911912022 20 of 34 NNeighborly Software Ahmee and the Phone Line team to triage requests for assistance on the Phone Line. Cassandra will also assist with grant reporting. Ahmee Vang Role: Phone Line Program Manager Effort: .1 FTE Qualifications: Holds a Bachelor of Arts in English/Spanish and a Masters of Education from the University of Wisconsin - La Crosse. Experience: Ahmee has been a longtime advocate for people starting with her college peers focusing on the achievement gap of Hmong and Southeast Asian students in the university system. She then worked by bringing financial access to underserved rural communities,focusing on the LatinX community where she worked as a Program Manager overseeing a pilot program with credit unions in Ecuador, and then educating workers of their rights through union membership and providing outreach at a queer-fem-led grassroots social justice advocacy organization in Milwaukee, Wisconsin. Grant Role:Ahmee would manage a team of 20+volunteers on the Jesse Tree Phone Line to triage requests for financial assistance from tenants at risk of eviction.Ahmee would ensure quality services are provided on the Phone Line and that the most urgent cases are being prioritized for financial assistance and case management. Terry Scraggins Role: Community Health Worker Effort: .1 FTE Qualifications: BA in Social Work with a minor in Family Studies in 2020 and is working toward his Master of Social Work at BSU Experience:Terry is an Idaho foster alumnus as well as US Navy Veteran.Terry is coming to us from the Idaho Department of Health and Welfare where he worked in child welfare both as a safety assessor and a foster care licensing worker. He is also on the Board of Directors for Family Advocates, a non-profit geared towards family strengthening and providing Court Appointed Special Advocates (CASA)for youth in foster care. Grant Role:Terry provides more intensive supportive services to clients with health needs. Case managers would internally refer clients with health needs to Terry so that more intensive and long-term support can be provided related to client health. Morgan DeCarl Role: Eviction Court Program Manager Effort: .1 FTE Qualifications: 10 years of social work experience in the nonprofit sector, as well as mediation certification and experience mediating eviction cases in court prior to joining Jesse Tree. Experience: Morgan has a Bachelor of Science in Human Development from Purdue Global, and is working towards her Masters in Social Work. Before coming to work for Jesse Tree she worked as a case manager for adults with intellectual and developmental disabilities and fell in love with social work and the impact it has on the quality of life of others as well as their communities. Morgan became a Professional Mediator in 2019 upon moving to Idaho and has experience providing mediation services in Ada County eviction court. Grant Role: Morgan would manage any eviction court cases for Meridian residents, ensuring residents being summoned to court are provided with quality supportive services,financial assistance, and mediation so that eviction can be avoided. Morgan also manages Jesse Tree's partnerships with Ada County Courts. Ali Rabe Role: Executive Director Printed By:Crystal Campbell on 911912022 21 of 34 NNeighborly Software Effort: .1 FTE Qualifications:J.D. Experience: Prior to joining Jesse Tree,Ali was a Staff Attorney at HomeBase, headquartered in San Francisco,where she supported local governments and service providers in their efforts to prevent and end homelessness. Ali also spent some years working for U.S. Citizenship and Immigration Services as an adjudicator, processing refugees from all over the world. Grant Role:Ali would monitor grant compliance, staff, and review and support grant reporting. Ali would also manage all of the finances related to this grant. The below staff are all currently-employed and experienced case managers who would participate in this grant. Case management staff would administer the requested financial assistance funding to City of Meridian tenants at risk of eviction, in addition to housing stability services, housing counseling, mediation, and supportive services. Patti Mello Role: Case Manager& Community Outreach Lead Effort: .1 FTE Qualifications: B.A. in Criminal Justice Experience:After graduating college, Patti answered the calling of social work practices throughout her career. She has over 15 years of experience in case management advocating for families and is committed to serving those in need. Patti is also bilingual (English/Spanish) and has had the pleasure of connecting with the hispanic community in Idaho over the years. Erin Thompson Role: Lead Case Manager Effort: .1 FTE Qualifications: BA in Criminal Justice Experience: Erin worked for 6 years as a Probation Officer and then for 6 years doing recruiting, marketing and events for a local financial company in downtown Boise. Erin is passionate about racial and social justice and creating good within the community. Henry Cornelius Role: Case Manager Effort: .1 FTE Qualifications: AA degree in Liberal Studies. Experience: While working as a Case Manager for Humboldt County Social Services, Henry assisted people and families with SNAP and Medicaid benefits and discovered enjoyment and love for assisting others. Katie Derrick Role: Case Manager Effort: .1 FTE Qualifications: Katie is a full time student and first joined Jesse Tree as a Master of Social Work intern. Experience: Katie has a nonprofit background and has spent her career working with individuals and families from a variety of backgrounds, including refugees, members of the LGBTQIA community and survivors of domestic violence. Tiffany Perrigo Role: Eviction Court Aftercare Case Manager Effort: .1 FTE Printed By:Crystal Campbell on 911912022 22 of 34 NNeighborly Software Qualifications:Tiffany is a Boise State First Generation Magna Cum Laude graduate with her Bachelors in Social Work. Experience:Tiffany started her journey in social work volunteering with individuals experiencing homelessness by organizing water, hygiene,toy and clothes drives and passing those items donated directly to those individuals on the streets. She also spent time working at her local food bank and has completed 40 hours of training for crisis text line assistance. Alison Brenenstall Role: Eviction Court Aftercare Case Manager Effort: .1FTE Qualifications: Alison has Bachelor's degree in Social Work and is currently pursuing a master's degree with the goal of becoming a Licensed Master Social Worker specializing in macro level social work and policy change. Experience:Alison has a background working with Boise's homeless population and indirectly experiencing the impacts of Boise's current housing crisis, she first joined the Jesse Tree as an intern and continued on as a case manager after her internship. C.4. Describe your organization's financial capacity. Include fiscal management,disbursement methods,financial reporting, record keeping, and accounting procedures. Identify the individual primarily responsible for the fiscal oversight of grant awards for the organization and their experience with federal funds. Jesse Tree contracts with an outside bookkeeper- Entrusted Accounting-and the organization's auditing firm is Harris CPAs.All financial information is processed through Quickbooks Online, and access is restricted to the Board Treasurer, Executive Director, Operations Manager, Program Director, and Entrusted Accounting.The Executive Director and Board Treasurer conduct a monthly review of financial statements with the Board Finance Committee and submit a Treasurer's report to the Board of Directors.The individual primarily responsible for the oversight of grant awards is the Executive Director, and compliance is verified by Entrusted Accounting, Harris CPAs, and the Jesse Tree Board's Finance Committee. Recording Expenses The Operations Manager initiates all transactions in Quickbooks related to operations of the organization.The Program Director initiates all transactions related to rental assistance checks to landlords which are requested by the case management team.Timing of checks often has an immediate impact on a family's ability to secure or maintain housing and are cut in-house at the request of the case management staff and upon approval by the Program Director.All rental assistance checks distributed to clients' landlords must be signed by the Board Chair or Board Vice Chair. All rental assistance checks are cut directly to landlords, and landlords must first verify their identity and provide a rental ledger or receipt prior to receiving payment. All transactions are first reviewed and approved by the Executive Director. Entrusted Accounting and Board Treasurer review, approve, and reconcile all transactions at the beginning of each month. Entrusted Accounting conducts a detailed monthly reconciliation of bank statements to accounting records,verifying all receipts. At the close of the fiscal year,the Executive Director and Entrusted Accounting conduct an annual reconciliation of bank statements,which is reviewed by the Board Treasurer and Finance Committee. Expenses are entered into QuickBooks with auditable supporting documents and supporting documents are kept in locked cabinets in physical files at the Jesse Tree office. Recording Revenue All income is verified by the Executive Director and entered into Quickbooks and deposited by the Operations Manager. All deposits are then reviewed and verified by the Executive Director and contract accountant Entrusted Accounting on a Printed By:Crystal Campbell on 911912022 23 of 34 NNeighborly Software monthly basis. Individual, foundation, and business contributions are also tracked separately in Jesse Tree's donor Client Relationship Management (CRM)software, FundHero, by the Development Manager. A number of grants are spent in advance based upon stipulations of grant agreement and Jesse Tree requests reimbursement. All grant reimbursements are tracked by location in Quickbooks Online and Jesse Tree's Master Budget Sheet. Grant reimbursements are sent to grant administrators by the Program Director, after the Executive Director's review. Grant reimbursements are then recorded as income in Quickbooks and reconciled by Entrusted Accounting, who compares Quickbooks Online,Jesse Tree's bank account, and the grant reimbursement request to identify any inconsistencies and provide reconciliation. Individuals or businesses may stipulate donor restrictions,which are tracked in Quickbooks and Jesse Tree's Master Budget Sheet. Upon receipt of contribution, support from the donor is recorded as a donor restriction or a contribution without a donor contribution.The Executive Director notifies Entrusted Accounting of the restriction, which is entered into Quickbooks. Contributions with a donor restriction which are satisfied in the same fiscal year are released from restriction in the same fiscal year and recorded as unrestricted. Restrictions are reviewed as of year-end upon financial statement review. A list of net assets with restrictions as of year- end and any net assets held in prior year of which restrictions have been released are tracked. Financial statements are reviewed via year-end close procedures. Harris CPAs also verifies all restrictions and grant fulfillment during Jesse Tree's annual financial audit. Use of the Debit Card The debit card is controlled and stored by the Operations Manager. If the debit card is used, receipts must be provided to the Operations Manager, for the Executive Director to review in Quickbooks. For expenses larger than $50, previous approval must have been garnered from the Executive Director. For expenses larger than $500, previous approval must have been garnered by the Board of Directors Finance Committee. Entrusted Accounting,the contract accountant, reconciles all expenses incurred on the debit card. Signature Authority The Executive Director, Board Chair, and Board Vice Chair have signature authority. All rental assistance checks must be verified and signed by the Board Chair or Board Vice Chair. Employee Reimbursements Reimbursement requests must be previously approved by the Operations Manager and are submitted to the Operations Manager for approval, and are then processed and entered into QuickBooks. Payroll Payroll responsibility resides with Paychex.Timesheets are kept by employees and reviewed by employees' direct supervisors bi-weekly.Timesheets are verified, reviewed, and submitted to Paychex by the Operations Manager. Paychex sends payroll reports to the Executive Director for final approval. Entrusted Accounting will then reconcile wages in Quickbooks and code wages to specific grants and locations (i.e. operations vs. programs).The Executive Director approves wages set, on an annual basis with the Board Finance Committee when the organization's annual budget is set. Debt Jesse Tree as an organization does not maintain any debt as of September 2022. Debt balances match year-end statements from the bank. Debt balances are reviewed upon year-end close procedures. Printed By:Crystal Campbell on 911912022 24 of 34 NNeighborly Software C.S. List any Federal, State, or Local funds received within the past three years. Include funding received from the City of Meridian. Grantee Funding Source (e.g CDBG) Name of Project #of Years Received Jesse Tree ESG-CV Emergency Rental Assistance 2 Jesse Tree ESG Emergency Rental Assistance 11 Jesse Tree CDBG -City of Meridian Emergency Rental Assistance 5 Jesse Tree CDBG & General Funds-City of Emergency Rental Assistance 21 Boise Jesse Tree CDBG -City of Nampa Emergency Rental Assistance 2 Jesse Tree EFSP Emergency Rental Assistance 2 Jesse Tree HUD Eviction Prevention Emergency Rental Assistance 2 C.6. Is the agency required to conduct an A-133 Audit? Yes C.6a. If not, how are the financials being audited? How often? Jesse Tree conducted its first single audit in 2021, and will conduct another in 2022. Whether or not single audits are conducted, audits are completed every year with Harris CPAs. C.7. Describe results from previous audits and/or full compliance with required Single Audit in accordance with 2 CFR Subpart F. There were no findings from the 2021 single audit and Jesse Tree was fully compliant. C.8. Describe the level of staff turnover and/or new personnel within the organization. In the last two years,Jesse Tree has only lost one staff person of 14 FTEs and thus maintains a 90% retention rate.The organization has not had any issues with turnover, and has a rigorous training and onboarding schedule for new staff. Jesse Tree also offers employees with support, a strong mission-based culture, growth and training opportunities, 100% health benefits, and flexible work schedules. As for new personnel,Jesse Tree has created two staff positions to better provide services to people in eviction court, and to people with health issues. In line with an increased demand for our services we continue to refine our programs and staffing plans.Jesse Tree now has an Eviction Court Program Manager, Morgan DeCarl, who is a certified professional mediator and licensed social worker. Morgan leads the team in providing mediation services, case management and rental assistance to Meridian tenants in Ada County eviction court. Additionally,Jesse Tree has established a partnership with Family Medical Residency of Idaho and Blue Cross of Idaho and brought on a Community Health Worker,Terry Scraggins,to focus on households with specific health needs. In the last year,Jesse Tree has also designated a Case Manager position, Patti Mello,to lead community outreach work to lead the distribution of materials, provision of trainings, and pop-ups at community events across the Treasure Valley. C.9. Describe the stability of systems,goals,or agency direction. What changes have occurred over the past five years? From 1999 through 2018,Jesse Tree was a mostly volunteer-run organization supported by smaller grants and donations. In 2019,Jesse Tree underwent a significant and positive growth and renewal phase, hiring new staff, recruiting new board members and refreshing programs to ensure they were keeping up with nationwide best practices Printed By:Crystal Campbell on 911912022 25 of 34 NNeighborly Software for homeless prevention.The organization now employs and serves far more people than ever. Much of Jesse Tree's growth in services has been supported by donations from individuals and a temporary government grant, ESG-CV,which is timing out in November 2022. Even though our programs have grown, demand has skyrocketed. Demand for Jesse Tree's services quadrupled since the beginning of the pandemic in March 2020, and it has continued to increase.Jesse Tree is currently contacted by at least 300-400 families in the Treasure Valley each month in need of eviction and homeless services-40-50 of those being Meridian families. In 2021, our organization fielded over 27,000 calls and texts and 3,300 applications, and 862 families at risk of eviction were provided with case management and financial assistance. In 2022,Jesse Tree is on track to double all of those numbers. 2022 is the most impactful year Jesse Tree has had and yet the organization is still only able to serve 25%of Meridian residents who submit applications for assistance.Jesse Tree has continually updated intake processes to triage and prioritize cases, serving clients who are at the highest risk, low-income (at or below 80%AMI), in the legal eviction process, and in need of more intensive supportive services. We expect heightened demand to continue into 2022, and support from Meridian would allow us to meet those needs. To facilitate our growing team and demand for assistance,Jesse Tree has also refined and implemented processes, policies and procedures, and is leveraging technology to ensure programs are efficient and effective.The organization has adopted a Customer Relationship Management (CRM)software to keep track of clients, and uses this system to manage clients from the application to exit phases of the program.This system also creates data dashboards which can be viewed and evaluated by funders. C.10. Describe any monitoring results from the City of Meridian, other Cities, or from other State or Federal awarding agencies in the last five years. Has your organization received any negative monitoring results? Describe whether these were resolved and how. In 2020,Jesse Tree requested early monitoring from the City of Boise and City of Meridian since staff were new to managing CDBG/HPRP grant funding. During the monitoring,there were 6 findings and 11 concerns. A number of those findings were related to the City of Meridian contract only. All findings were resolved. In March 2022,Jesse Tree was monitored by IHFA for its ESG grant covering the 2019-20 program year.There were 7 findings, all of which were resolved. Most findings related to issues were related to former staff or policies which Jesse Tree no longer follows. During a period of growth over the last nearly four years, newer Jesse Tree staff were trained about specific CDBG and City requirements regarding contracts.Jesse Tree's Program Director and seven case managers now each have over two years of experience in administering CDBG, ESG, ESG-CV, and other City grants to ensure compliance. Printed By:Crystal Campbell on 911912022 26 of 34 NNeighborly Software D. Project Information Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 911612022 7:56 AM Address: *No Address Assigned D. Project Information Please provide the following information. D.I. Describe the need for the services to be provided. The Treasure Valley of Idaho has been experiencing a growth-related housing crisis for several years now.The cost of rent rose 40% last year, but wages have not been increasing at the same rate.As a result, many households are cost- burdened and one unanticipated financial shortfall away from being unable to pay rent and imminently at risk of eviction.The United Way estimates that nearly half of all renters in Ada County are housing cost-burdened and at risk of falling into homelessness. Homelessness in the Treasure Valley could become like many other urban centers in the U.S. In line with the growing housing crisis, applications to Jesse Tree have increased by nearly 400%since the pandemic and we can only support 25% of people who apply for assistance. Right now,Jesse Tree is receiving 40-50 applications from Meridian residents each month, of which,the organization is able to support 10-15 households. In 2021,there were 872 eviction hearings in Ada and Canyon County courts combined, and 2,500 individuals entered homeless shelters for the first time in Ada County alone.The Treasure Valley is on track for over 1,100 evictions in 2022. Based on recent demand, we expect an even greater need for our services in 2023. Most evictions are occurring due to a family's temporary inability to pay rent. Homeless prevention is a cost-effective intervention that works, and it will be important for the Treasure Valley to invest in prevention while the needs are so great. It costs Jesse Tree $2,000, on average,to keep a family in their home. In comparison it costs $10,000 to re-home a family once they've been evicted. In addition to that, it costs Ada County$53,000 per person who is experiencing homelessness in supportive, health, and emergency services each year. If a community allows homelessness to happen, it is much more difficult-and expensive -to solve. Providing financial assistance coupled with case management to stabilize households during eviction is a core best practice of homelessness prevention. With the support of Meridian,we can make sure our neighbors at risk of eviction can receive one-time rental assistance or security deposit assistance and supportive services, keeping them safely housed during an eviction. Case managers will also work to ensure families have a plan for self-sufficiency in the long- term. 95%of clients served are still housed three years later. D.2. Describe the proposed services in detail. How will the services be delivered? How will assistance be provided? The Jesse Tree Phone Line is the main intake point for tenants at risk of eviction.This program was created to provide support to tenants being evicted up-front, offering information, support, budgeting assistance, and connections to services and resources. All calls are fielded by a team of more than 20 trained community volunteers who provide supportive conversations to 400-500 households each month,40-50 of those residing in Meridian.Tenants may also contact Jesse Tree by using the organization's online resource navigation tools, by coming into the Jesse Tree office, or by texting the Phone Line. When a tenant contacts Jesse Tree,they are entered into the organization's Client Relationship Management (CRM)software. Printed By:Crystal Campbell on 911912022 27 of 34 NNeighborly Software Of tenants who apply,Jesse Tree targets financial assistance and case management at renters who are most likely to experience homelessness based on specific risk factors,who are in active eviction proceedings, and low-income households who are at or below 80%Area Median Income.A majority of the households Jesse Tree serves are asset limited, income constrained, and employed (ALICE).The ALICE population has access to little or no state financial support programs and are often one crisis away from financial instability. In the triage process, most vulnerable and urgent cases are assigned to our case management team. Case managers contact tenants and landlords to set up intake appointments and initiate the case management process.They provide tenants with wrap-around services including budgeting help, connections to needed resources and employment, and landlord mediation. Case managers work directly with landlords to pay back rent that tenants owe, or a security deposit if they need to find a new place to live, supporting tenants to find short and long-term housing stability. During this process, case managers work with tenants on money management skills so that households are empowered to be self- sufficient after exiting Jesse Tree's system. Should clients have additional needs, case managers provide warm referrals to our community partners. At the end of the case management process,the case manager cuts a rent or security deposit check to the landlord. When clients complete the program and exit to self-sufficiency,they are followed up with every 3, 6, and 12 months. Jesse Tree staff review whether households' situations are better or worse and whether they need additional support. Through the Emergency Rental Assistance program, over 95%of clients served over the past three years have remained in their housing. Our data speaks for itself:financial assistance and case management provided as a critical time intervention works to prevent homelessness. D.3.What is the geographic service area(s) (e.g. Citywide, specific neighborhood, etc.)? City of Meridian (citywide) D.4. What is the eligibility criteria for services to be provided? How will eligible applicants be identified? The target population includes low-income households who are most likely to become homeless based on specific risk factors and who are in the legal eviction process. All of the clients we serve are 80%Area Median Income or below. A majority of households served in the City of Meridian are asset limited, income constrained, and employed (ALICE). This population has access to little or no state financial support programs and are one crisis away from financial instability. For this grant, renters must reside in the City of Meridian to be eligible for assistance. Clients' income and other eligibility criteria are assessed at the application phase, and again during the provision of case management when income and other required documentation is gathered. D.S. How many Meridian residents will directly benefit from the services? Persons: 375 Households: 125 Printed By:Crystal Campbell on 911912022 28 of 34 NNeighborly Software D.6. Describe the anticipated impact of the proposed services. Jesse Tree is requesting$250,000, all of which would go to rental assistance or security deposit assistance for low- income Meridian renters facing eviction. With other funding,Jesse Tree will provide complementary housing counseling and housing stability services that empower households to maintain or obtain housing during an eviction. Mediation will also be provided. It costs Jesse Tree, on average, $2,000 per household in the City of Meridian to keep someone in their home. With grant funding, 125 households and approximately 375 individuals who are residents of the City of Meridian will be prevented from being evicted and becoming homeless. D.7. If your request is not fully funded, how will you scale your program/request for impact? 2022 has been Jesse Tree's busiest year to date. As of August 2022, over 700 households have received Emergency Rental Assistance (ERA) and case management services, nearly 100 of them from the City of Meridian.This is a significant increase from the 862 households the organization served in 2021. Still,Jesse Tree is turning away 75%of tenants who apply for assistance, and is not able to intervene in 80%of the eviction cases occurring in court due to lack of resources, including for City of Meridian residents. Much of Jesse Tree's growth in services has been supported by a $3 million ESG-CV grant which was received in July of 2021. With that grant, five case managers were hired and the team will have distributed all of the financial assistance in the grant when grant funding times out in November 2022.Jesse Tree has diverse funding streams and is currently in the process of creating a more robust individual,foundation, and corporate donor base. In addition,Jesse Tree has successfully raised grant funding to sustain most of its case management staff. However,the organization does not currently have the capacity to raise private funds to sustain capacity of the financial assistance component to its programming.This funding request will help Jesse Tree maintain its current service level for Meridian residents. If funds are not received and programs are not sustained,Jesse Tree anticipates laying off additional case managers specially trained to prevent eviction and a significant reduction in the amount of financial assistance provided to Meridian residents. Right now,Jesse Tree is supporting 10-15 Meridian households each month. If funding is not received,that amount will be reduced to 1-3 Meridian households supported each month. At around the same time ESG-CV funds are expiring,tens of millions in other temporary federally funded programs for rental assistance being provided by the Boise City Ada County Housing Authority and the Idaho Housing and Finance Association will also run out.This will likely lead to an unprecedented eviction crisis and an increase in the number of individuals being evicted in court, seeking shelter, living outside, and needing costly homeless services-all of which could be prevented by stabilizing these households during a temporary crisis.Jesse Tree will need to further triage and prioritize who can be assisted, and will need to have more tough conversations with tenants who are applying for help,turning them away and allowing many households to slip through the cracks.Jesse Tree will also need to provide a smaller amount of assistance per household,which will impact a household's ability to find long-term stability, often leaving them susceptible to eviction again within the next few months. D.8. Describe any anticipated barriers (e.g. staff shortages,capacity,outreach, etc.) and the plan to address them. So far in 2022 Jesse Tree has already assisted over 700 families-almost 100 of them from the City of Meridian. Unfortunately,far more people call for rental assistance than we can help. As mentioned,the organization is only able to support 25%of people who apply for assistance. We expect this heightened demand to continue into 2023, and $250,000 in funding from Meridian would allow Jesse Tree to sustain programming and meet the needs for more Meridian residents. Printed By:Crystal Campbell on 911912022 29 of 34 14 Neighborly Software D.9. Describe the readiness of your organization to implement the project or services you are proposing. Jesse Tree has been administering its Emergency Rental Assistance program,which provides support and case management to families experiencing a temporary financial crisis, since 1999 and is ready to implement the program immediately.This funding would replace other government funding that is timing out in November 2022, and simply allow the organization to sustain current programming. As mentioned,Jesse Tree has utilized federal funds through the Community Development Block Grant(CDBG) program since 2001.The organization continues to administer grants through CDBG, Emergency Solutions Grant (ESG), and several other private funding streams. For 23 years Jesse Tree has been the Treasure Valley's only eviction and homeless prevention-focused organization working on the front lines of the housing crisis, providing support and financial assistance to low-income neighbors. Each staff member at Jesse Tree who would be involved in this grant now has at least two years of experience providing case management services and financial assistance to tenants in the City of Meridian who are at risk of eviction, leveraging many different funding streams. Jesse Tree staff have decades of collective experience working with homeless and housing insecure populations, as well as persons with serious mental and physical health issues.Jesse Tree's case management team is trained and experienced in providing in-depth wrap-around support to clients throughout the eviction process, making sure they have what's needed to stay housed and become financially independent and self-sufficient moving forward. Staff are trained in mediation and work closely with landlords throughout the provision of case management, as well as basic landlord-tenant law so clients can be informed regarding basic information related to the eviction process and their rights and responsibilities so they can make informed decisions. Jesse Tree is already a well-known resource for eviction and homeless prevention in the Treasure Valley community. As mentioned,the organization is currently receiving applications from 40-50 Meridian households each month.The Phone Line is fully staffed with a well-trained team of over 20 community volunteers to ensure applications for assistance can be triaged, and that quality services can be provided on the Phone Line.The organization maintains a sophisticated Client Relationship Management(CRM) software to ensure quality data collection and accurate reporting. As mentioned above,Jesse Tree also maintains close relationships with Our Path Home to ensure people who fall into homelessness are connected to housing navigation and other housing resources for people experiencing homelessness. In collaboration with Our Path Home, CATCH, and the Boise City-Ada County Housing Authority(BCACHA),Jesse Tree is the designated lead prevention agency in the campaign to end family homelessness in Ada County by 2025.As mentioned in previous sections,the organization maintains and leads partnerships with many other community organizations to ensure tenants being served are connected to needed community resources. To better address the deeper needs of the clients Jesse Tree is serving, in recent years,Jesse Tree has added partners in the healthcare, mental health and healthcare debt fields to address client needs and provide warm referrals to needed healthcare when necessary. In April 2022,Jesse Tree hired a Community Health Worker position who helps link clients being evicted due to health related issues to necessary services. Printed By:Crystal Campbell on 911912022 30 of 34 NNeighborly Software E. Budget and Outcomes Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 911512022 7:54 PM Address: *No Address Assigned E. Budget and Outcomes Please provide the following information. MERIDIAN FUNDING Provide a breakdown of the annual costs for the services. Itemized Budget EHA Funds Requested Personnel $0.00 Direct Assistance $250,000.00 Administrative Costs $0.00 Other(describe below) $0.00 $250,000.00 Provide any descriptions that would be helpful in reviewing the proposed budget. Jesse Tree is requesting$250,000 to fund rental assistance and security deposit assistance (relocation assistance)to low- income Meridian tenants in the eviction process who are at high risk of falling into homelessness.The organization plans to provide all of the requested assistance directly to tenants in the form of rental and security deposit assistance. Jesse Tree currently has other sustainable funds and grants to separately fund case management and mediator staff time and administrative costs. Case managers will provide housing counseling services, mediation services, budgeting help, connections to needed resources, and support directly in eviction court. Administrative and operational costs for the program will also be covered by private grants and donations. TIMELINE Provide a timeline of anticipated activities, expenditures, and participants served with funds on a quarterly basis. 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Activities Emergency Rental Emergency Rental Emergency Rental Emergency Rental Assistance+Case Assistance+Case Assistance+Case Assistance+Case Management Management Management Management Expenditures $62,500 $62,500 $62,500 $62,500 Number Served 32 households/ 31 households/ 31 households/ 31 households/ 96 individuals 93 individuals 93 individuals 93 individuals Provide any descriptions that would be helpful in reviewing the proposed timeline. Jesse Tree is requesting$250,000 to go towards financial assistance for Meridian City renters at risk of eviction or needing to relocate due to eviction, in the form of rental assistance and security deposit assistance. Based on the number of Meridian residents we've helped with funding in the past and the expiration of a different temporary government grant (ESG-CV),fulfilling this funding request will allow Jesse Tree to sustain current programming. Printed By:Crystal Campbell on 911912022 31 of 34 NNeighborly Software GOALS Describe the goals of the program,the activities that will be conducted to accomplish those goals, and the expected outcome for participants served with funds.This will determine how the success of the program will be measured. Goal Activities Expected Annual Outcome Empower low-income renters to Provide case management, Provide 375 individuals with rental retain housing during eviction mediation services, and financial assistance when they are at risk of assistance to tenants served to eviction and prevent eviction for 125 prevent eviction households in Meridian. Of all households served, eviction and housing loss will be prevented in over 90%of cases. Increase the ability of renters to Provide quality case management to 95%of households will maintain sustain housing and overcome renters at risk of eviction including housing in the long-term according housing stability barriers in the long- budgeting education, housing to Homeless Management term stability planning, and connections Information System (HMIS) data to needed resources and employment Reduce the inflow of individuals and Provide quality case management Reduce the inflow of individuals and households entering the homeless and financial assistance to households entering the homeless service system vulnerable households at risk of service system from the City of eviction and homelessness Meridian by at least 10% Printed By:Crystal Campbell on 911912022 32 of 34 NNeighborly Software F. Required Documents Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 911512022 3:25 PM Address: *No Address Assigned F. Required Documents Please provide the following information. Documentation QDocumentation of nonprofit or quasi-governmental entity status *Required Jesse Tree 501(c)3 status letter.pdf 2 Client Intake Form 2022 ERA Intake Form.pdf 2 UEI and SAM Registration Print the page from the website *Required 2022 SAM Registration.pdf Printed By:Crystal Campbell on 911912022 33 of 34 NNeighborly Software Submit Case Id: 30404 Name: Jesse Tree Emergency Rental Assistance-2022- Completed by grants@jessetreeidaho.org on 911612022 7:57 AM Address: *No Address Assigned Submit DISCLAIMER: The materials and information available as part of this application are for informational and guidance purposes only and not for the purpose of providing legal advice.You should contact your attorney to obtain advice with respect to any particular issue or concern regarding your application or the laws and regulations appertaining thereunto. Use of and access to this application,any of the informational links and material contained within,and submission of an application do not create or establish an agreement or contact between your organization or the City of Meridian. 2 1 have reviewed all applicable program guidelines and documentation and certify the information contained in this application is true and correct to the best of my knowledge. 2 Our Agency will not discriminate against any employee or applicant for employment because of race,color,sex, age, religion, handicap or national origin and takes affirmative action to ensure employees are treated equally during their employment without regard to race, color, sexual orientation,gender identity,veteran or disability status. 0 1 certify that I am authorized to submit applications for funding and this document has been duly authorized by the governing board of the applicant. Authorized Signature AU,Za&, Electronically signed by grants@jessetreeidaho.org on 911612022 7:57AM Date 09/16/2022 Printed By:Crystal Campbell on 911912022 34 of 34 NNeighborly Software E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Purchase Order Request for Hughes Fire Equipment for One (1) new Enforcer Pumper KB802 truck for the estimated amount of$793,709.00 E IDIAN:-- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Division Meeting Date: October 11, 2022 Presenter: Consent/Justin Winkler Estimated Time: N/A Topic: Authorize the Procurement Manager to issue a Purchase Order to Hughes Fire Equipment for One (1) new Enforcer Pumper KB802 Truck for the estimated amount of$793,709.00. Recommended Council Action: Authorize the Procurement Manager to issue a Purchase Order to Hughes Fire Equipment for One (1) new Enforcer Pumper KB802 Truck for the estimated amount of$793,709.00.. Background: This PO would be issued against the Sourcewell Contract#113021-OKC-1 per Idaho Statute 67- 2807. The proposal for this engine states the following: Component Price Volatility: Company shall not be responsible for any unforeseen price increase enacted by the suppliers of major components of the Product (including but not limited to engine, transmission, and fire pump) after the execution of contract. Any price increase major components of the product will be passed through to the Customer and will be documented on a Change Order. This simply means there are no sideboards on what they can increase the cost too. I've been working with the supplier for over a week with out any protections offered to date. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian Police Department and Idaho Humane Society: Presentation and Discussion of Proposed Dangerous Dog Ordinance CITY OF MERIDIAN ORDINANCE NO. 22- BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 6-2-1 ADDING DEFINITIONS OF ANIMAL CONTROL AGENCY, ANIMAL CONTROL OFFICER, ANIMAL CONTROL SHELTER, AT-RISK DOG, BITE, DANGEROUS DOG, EUTHANASIA, JUSTIFIED PROVOCATION, PHYSICALLY ATTACK, PROVOKE, AND SERIOUS INJURY, AND DELETING DEFINITION OF VICIOUS DOG; AMENDING MERIDIAN CITY CODE SECTION 6-2-2, REGARDING ANIMAL CONTROL OFFICERS, CITY ANIMAL SHELTER, AND ANIMAL CONTROL AGENCY; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 6-2-6, REGARDING DESIGNATION AND MANAGEMENT OF DANGEROUS OR AT-RISK DOGS; AMENDING MERIDIAN CITY CODE SECTION 6-2-8(P), REGARDING FAILURE TO COMPLY WITH PROVISIONS REGARDING DANGEROUS AND AT- RISK DOGS; REPEALING ANY CONFLICTING ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Meridian finds that the following ordinance will serve the public health, safety, and welfare of the people of Meridian; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code 6-2-1 shall be amended as follows: Definitions. As used in this chapter, the following terms shall be defined as in this section provided: 1. Abandoned animal means an animal that is impounded in accordance with the provisions of this chapter, and is. A. Suffering from serious injury,rabies, or other serious disease; B. Not wearing a legible license when it is impounded; C. Voluntarily relinquished by its owner; or D. 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 declaration that the dog is avieieus dog an At-Risk or Dangerous Dog. 2. Animal means any member of the animal kingdom, except members of the human race. 3. Animal Control Agency means an organization or agency designated and duly authorized by Meridian City Council to enforce the provisions of this chapter. 4. Animal Control Officer means any individual authorized by the City, by the Animal Control Agency, or by law to enforce the provisions of this chapter. ANIMAL CONTROL ORDINANCE PAGE 1 5. Animal Shelter means an animal control facilily designated by the City or the Animal Control Agency as the location for the impounding of animals. 6.At-Risk Dog means any dog that: A. Without justified provocation bites or physically attacks a person without causing a serious injury, as defined in this Chapter; or B. Without justified provocation and while at-large has killed, inflicted injury, or otherwise caused injury to a domestic animal by attacking a domestic animal not on the real property of the owner of the attacking doh C. Has previously been found to be an At-Risk dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction. 7. Bite or Bitten means the skin of an individual has been broken or penetrated by an animal's teeth in an act of aggression, attack or defense. 00,aninial shelter means the pr-imafy leeation at whiek animals shall be impetinded in ae nee with the �f this ehaBter-, as designated y the-Ckief�1i 8. Cruelty to animals means the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to. A. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. B. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36)hours. C. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. D. Allowing, arranging, or instigating a fight between two (2) animals, or training one (1) or more animals to fight other animals. E. 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. 9.Dangerous Dog means any do that: hat: A. Without justified provocation has inflicted serious injury on a person; B. Has previously been found to be At-Risk and thereafter bites or physically attacks a person without justified provocation, with or without causing a serious injures C. Has previously been found to be a Dangerous dog pursuant to Idaho Code or a substantially conforming ordinance or statute from a foreign jurisdiction; or D. Has previously been found to be At-Risk and thereafter inflicts injury to a domestic ANIMAL CONTROL ORDINANCE PAGE 2 animal not on the real property of the owner of the dog_ 10.Dog means any male or female member of the canine family. 11. Euthanasia means a procedure in which an animal is humanely killed by a method that is painless to the animal and causing unconsciousness and death. 12.Impound means to deliver a seized animal to the city animal shelter. 13.Justified Provocation means to perform any act or omission that a reasonable person with common knowledge of dog behavior would conclude is likely to precipitate a bite or attack by an ordinary dog. Justified provocation includes, but is not limited to, the following_ A. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault; B. The person who was bitten or attacked was committing a crime or offense upon the property of the owner or custodian of the dog; C. The person who was bitten or attacked was willfully tormenting, abusing or assaultingthe he dog, or had done so in the past; D. The dog was responding to immediate pain or injury or protecting its offspring; E. The dog was working as a hunting dog, herding dog, or predator control do__ on the property of, or under the control of, its owner or keeper, and the damage or injurX sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity; or F. The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting, unless one or both of the animals is at large. 14.Livestock means 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, exeept that this definition shall not inelude including chicken hens and roosters. 15. Own means to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. 16. Owner means any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal. 17.Physically attack means an aggressive action upon a person by a dog in which there is physical contact between the dog and the person. 18.Provoke means a person performing an act or omission that an ordinary and reasonable person would conclude is likely to precipitate dog aggression in the form of a bite or attack. 19. Seize means to take custody of an animal ANIMAL CONTROL ORDINANCE PAGE 3 20. Serious Injury means an injuraperson characterized by bruising, laceration, or other injury that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment. 21. Veterinarian means a doctor licensed to practice veterinary medicine in the State of Idaho. Section 2. That Meridian City Code 6-2-2 shall be amended as follows: 6-2-2: Animal control officers; city animal shelter; animal control agency. A.Animal Control Agency. City Council shall appoint an Animal Control Agency and authorize same to enforce the provisions of this chapter. A-B.Animal control officers. The Chief of Police or the duly appointed animal control agency shall appoint animal control e officers who shall, under the direction of the Chief of Police, or the animal control agency1 have the authority to enforce the provisions of this chapter. Additionally, #+L-animal control officers shall be authorized to. 1. Seize and impound animals that are at large and unattended in city limits. 2. Seize, impound, and euthanize animals 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 an animal is abandoned. 5. Decide whether an abandoned animal shall be euthanized or made available for adoption. 6. Declare that a dog is a vieie}ts Dangerous or At-Risk dog. 7. Seize and impound vieieus Dangerous or At-Risk dogs in accordance with the provisions of this chapter, and euthanize same as authorized by this chapter. 8. Issue uniform citations for violations of this chapter. The notice of ordinance violation masigned by any person witnessing a violation as well as the witnessing Animal Control Officer whose name shall be affixed on the notice of ordinance violation. C. City animal shelter. The Chief of P kee Ci1y shall designate a city animal shelter. Such animal shelter shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of animals impounded therein. Section 3. That Meridian City Code section 6-2-6 shall be repealed and replaced with language to read as follows: 6-2-6. -Designation and Management of Dangerous or At-Risk Dogs: A. Purpose. Dangerous and At-Risk dogs found within the boundaries of the City of Meridian present a risk to the health, safety, and welfare of persons and other animals. ANIMAL CONTROL ORDINANCE PAGE 4 The purpose of this section is to provide policies and procedures for the safe management of Dangerous and At-Risk dogs to promote the public health, safety, and welfare, while also promoting the humane and ethical treatment of animals. B. Procedure for Designating a Dog as Dangerous or At-Risk. 1. If an Animal Control Officer has probable cause to believe a dog is Dangerous or At-Risk, as those terms are defined in this Chapter, the officer shall have authority to designate the dog as Dangerous or At-Risk and shall serve a written Notice of Designation on the owner of the dog. An Animal Control Officer shall have authority to designate an animal regardless of whether or not an owner has been charged with a crime. The Notice of Designation shall: a. Be personally served on the owner by an Animal Control Officer or other authorized person, or mailed to the owner via U.S. Mail. b. Identify whether the dog is being designated as Dangerous or At-Risk; c. Identify the date on which the officer determined the dog to be Dangerous or At-Risk; d. Provide a description of the factual circumstances and events that support the officer's decision to designate the dog as Dangerous or At-Risk; e. Provide a clear description or photograph of the dog; f. Provide notice that the owner may appeal the officer's decision to designate the animal as Dangerous or At-Risk, describe the appeal process as set forth in this chapter and explain that if the owner chooses to appeal the officer's decision, the owner shall be responsible for any fees associated with boarding and caring for the dog during the time the petition and any additional proceedings are pending, as well as any fees associated with processing and considering the appeal,pursuant to the fee schedule of the Animal Control Agency; g. Provide notice that the officer's designation decision shall become final after ten (10)business days if the owner fails to appeal the Notice of Designation; h. Provide notice that the owner of a dog designated as At-Risk or Dangerous may either keep the dog in their possession and be subject to the restrictions the Animal Control Agency puts in place for the keeping of such dog, or may voluntarily relinquish custody of a dog to the Animal Control Agency; and i. Provide notice that a dog voluntarily relinquished to, or seized by, the Animal Control Agency pursuant to this section may be adoption or euthanasia, in the sole discretion of the Animal Control Agency. 2. No dog may be designated as Dangerous or At-Risk when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation, as defined in this chapter. 3. An Animal Control Officer has the authority to seize and impound a dog that has been determined, by an Animal Control Officer, to be a Dangerous dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner ANIMAL CONTROL ORDINANCE PAGE 5 of the requirements and restrictions for keeping At-Risk dogs as provided in this section. 4. When an Animal Control Officer designates a dog as At-Risk the Animal Control Officer shall have authority,but is not required, to seize and impound the dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner of the requirements and restrictions for keeping At-Risk dogs as provided in this section. C. Appeal. An affected person, shall have a right to appeal an Animal Control Officer's decision to designate a dog as Dangerous or At-Risk. These appeal procedures shall not apply to the appeal of criminal charges that may be imposed under this section. 1. The dog owner may file an appeal with the director of the Animal Control Agency. 2. The appeal must be in writing, must be accompanied by the fee for processing such appeal per the Animal Control Agency's fee schedule, and must be received by the director within ten (10)business days of the mailing of notice or service of the Notice of Designation. 3. The written appeal shall briefly set forth the factual or legal basis for disputing the designation. 4. Upon receipt of the appeal, the director shall schedule the matter for a hearing to be held no sooner than fourteen(14) days, nor longer than twenty(21) days from the date of receipt of the petition. 5. The director shall provide the dog owner notice of date, time, and location of the hearing by sending the written notice via U.S. Mail. If the owner is unavailable on the scheduled date, the owner and director may continue the hearing to a mutually agreed upon date within fourteen (14) days of the original hearing date. 6. The director, or the director's designee, shall act as a hearing officer at the scheduled hearing. The hearing may be held in person or conducted telephonically at the discretion of the director. At this hearing, the owner shall have the opportunity to present argument and evidence to the hearing officer to refute the designation. The animal control officer who made the enforcement decision shall attend the hearing to offer argument or evidence in support of the enforcement decision. 7. After considering the argument and evidence presented, the hearing officer shall enter a decision either sustaining or vacating the designation, which decision shall be supported by a preponderance of the evidence. The decision shall be written and sent to the petitioner via U.S. mail no later than(7) days after the hearing. 8. Failure by the owner to attend the hearing shall constitute waiver of their appeal, and the designation shall be considered the final decision of the animal control agency. 9. The animal control agency is authorized to adopt and collect a fee to recover costs associated with processing and considering the appeal. 10. The owner shall be responsible for any fees associated with boarding and caring for the dog during the time the appeal and any additional proceedings are pending. ANIMAL CONTROL ORDINANCE PAGE 6 D. Keeping Dangerous Dogs. The owner of a dog designated as Dangerous, or a new adoptive owner of a dog designated as Dangerous prior to being adopted, shall comply with the following restrictions for the keeping of such dog within the boundaries of the City of Meridian: 1. The owner shall license the dog as required by this Chapter. 2. The dog shall be registered with the Animal Control Agency as a Dangerous Dog. 3. The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the Animal Control Agency. 4. The owner shall be required to procure and maintain dog liability insurance or other insurance policy of not less than one hundred fifty thousand dollars ($150,000) for a dog that is designated as Dangerous based on an attack or injury inflicted on any person, and/or dog liability insurance or other insurance policy in the amount of twenty thousand dollars ($20,000) in the case of a dog that is designated as Dangerous based solely on attacks or injuries inflicted on another animal. Such insurance policy shall cover any and all damage or injury that may be caused by such Dangerous dog, and shall be in place for the life of the dog. The City of Meridian shall be named as an additional insured party on this policy for the purpose that the City will be notified by the insurance company if the policy is cancelled, terminated, or otherwise expires. 5. The dog shall be contained within a secure enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure annually, and if the enclosure is found to be defective or inadequate, an Animal Control Officer may seize and impound the dog until the enclosure is found to be adequate. 6. The owner shall be required to post signs on their property that announce to other persons that there is a Dangerous dog on the property. Such signs must be placed at any and all potential entrance points to the yard and home (such as at gates, doors, and on the enclosure where the dog is kept), and must include words indicating the presence of a"vicious" or"Dangerous" dog. A sign merely stating "Beware of Dog,"without also identifying the dog to be "vicious," or "Dangerous," shall be insufficient. 7. In the event the owner takes the dog off the owner's property, at all times, the owner shall keep the dog on a leash no greater than three (3) feet in length, and the dog shall also be required to wear a muzzle. The leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog. The owner shall not allow the dog to be off leash within the City of Meridian, including in any areas designated as off leash areas. The owner shall ensure that the dog does not have physical contact with any other dog or person other than the owner or immediate family of the owner when off the property of the owner. 8. The owner shall spay or neuter the dog. 9. The owner shall schedule and obtain annual inspections of the dog and the enclosure by the Animal Control Agency. ANIMAL CONTROL ORDINANCE PAGE 7 10. The owner shall receive a copy of these restrictions, and sign an agreement to comply with these restrictions for the keeping of Dangerous Dogs within the boundaries of the City of Meridian. E. Keeping At-Risk Dogs. The owner of a dog designated as At-Risk, or anew adoptive owner of a dog designated as At-Risk prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of the City of Meridian: 1. The owner shall license the dog as required by this chapter; 2. The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the Animal Control Agency; 3. The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Therefore, the dog may be impounded until the enclosure is repaired or improved. Failure to improve the enclosure shall result in the inability of the owner to keep the At-Risk or Dangerous dog; 4. In the event the owner takes the dog off their property, the dog shall be on a leash no greater than six (6) feet in length. Further the leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within City limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner. F. Noncompliance; seizure of dog. In addition to any criminal penalties, failure to comply with any of the restrictions in section(C) or(D) above may result in the dog being immediately seized and impounded. An owner is permitted to redeem the animal from impound so long as the owner comes into compliance with the provisions of section(C) or(D), whichever is applicable, within ten (10) days of the dog being seized. If the owner fails to come into compliance with the provisions of the applicable section(C) or(D) within ten(10) days of the dog being seized, the Animal Control Agency may place the dog up for adoption or euthanize the dog, in accordance with the adoption or euthanasia provisions set forth in this Chapter. G. Transfer of ownership of At-Risk or Dangerous Dogs: If an owner of an At-Risk or Dangerous dog transfers ownership of the dog to another person, the original owner shall be obligated to notify the new owner of the designation. Further, the original owner shall be obligated to notify the City of the transfer of ownership of the animal, and provide to the Animal Control Agency the name, physical address, and telephone number of the new ANIMAL CONTROL ORDINANCE PAGE 8 owner of the dog. The new owner shall comply with the requirements set forth in this section for keeping At-Risk or Dangerous dogs. H. Disposition of Dogs Designated as Dangerous or At-Risk. 1. In the event a dog designated as Dangerous again, while unprovoked,physically attacks a person, or a domestic animal, such dog shall be subject to immediate impounding by the Animal Control Agency. If the designation is not appealed to the Animal Control Agency or upheld on appeal the dog shall be humanely euthanized as expeditiously as reasonably possible. Such second attack need not cause serious injury for this provision to apply. 2. Where a Dangerous or At-Risk dog is voluntarily relinquished to the Animal Control Agency by the owner, or where the owner does not redeem the dog from impound within the timelines set forth in this Chapter, the Animal Control Agency shall be permitted to place the dog for adoption if, in agency's judgment, the dog can be safely adopted to a new home. Where the agency concludes the dog cannot be safely adopted, the agency shall humanely euthanize such animal. 3. If the Animal Control Agency chooses to place for adoption a dog currently or previously designated as Dangerous or At-Risk, the Animal Control Agency shall provide written notice to the person(s) adopting the dog of its current or previous designation. Prior to approving the adoption, the agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation. Further, where the designation is currently in place and not expired or vacated, the Animal Control Agency shall notify the person(s) adopting the animal of the restrictions placed on an owner of such animal provided for in Meridian City Code §§ 6-2-6 (C) or (D), and the owner shall comply with these restrictions. The agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation. 4. The Animal Control Agency, in its sole discretion, shall be authorized to deny a request to adopt a Dangerous or At-Risk dog. The agency's decision to deny an adoption request under this provision is not subject to appeal. 5. The Animal Control Agency shall keep records of dogs designated as Dangerous or At-Risk. The records kept shall include, without limitation, information identifying the dog (including name, breed, color and markings description, microchip number, and gender), the date of the Notice of Designation, and the name and contact information for the current owner of such dog. I. Expiration or cancellation of At-Risk designation. The designation as an At-Risk dog shall expire twenty-four(24) months after the Notice of Designation is served on the current or previous owner,provided the dog has not committed an act during that twenty- four(24)month period that would constitute grounds to designate the dog as Dangerous or again designate the dog as At-Risk. J. Owner to pay fees. The owner of a dog impounded under any provision of this section shall be liable to the Animal Control Agency for fees and costs associated with boarding and caring for the animal until the animal is redeemed from impound, adopted, or euthanized, except where the animal was voluntary relinquished to the Animal Control Agency. K. Noncompliance. An owner of a dog who violates or fails to comply with any provision of Meridian City Code section 6-2-6 shall be guilty of a misdemeanor. ANIMAL CONTROL ORDINANCE PAGE 9 L. Exceptions. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared Dangerous or At-Risk 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. Section 4. That Meridian City Code section 6-2-8(P) shall be amended as follows: P. Harboring• ei •s dog Qangerous and At-Risk Dotes. It shall be unlawful for any person to violate or fail to comply with the provisions of Meridian City Code section 6-2-6.4e own a vieious dog in the City of Meridian more than fetifteen (14) days following thee en"of a final decision that the dog is avieieus dog. Fourteen (14) days following the entry of a final deeision that the dog is avieious dog, stieh dog may be eonsider-ed to �eefttraband, and,ray be seized ptffstiant to warfa-at and v„*hanizoa. A violation of this subsection shall constitute a misdemeanor. Additionally, . .:Aion, the e „4,r awherize the animal eea4r-el effieer to seize, iWeu*d-, and/or-euthanize the dog giving rise t the violation. Section 5. That all City of Meridian ordinances, or resolutions, or parts thereof,which are in conflict herewith, are hereby repealed. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. ANIMAL CONTROL ORDINANCE PAGE 10 William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22 - An ordinance amending Meridian City Code section 6-2-1, adding definitions of animal control agency, animal control officer, animal control shelter, At-Risk dog, bite, Dangerous dog, euthanasia,justified provocation, physically attack, provoke, and serious injury, and deleting definition of vicious dog; amending Meridian City Code section 6-2-2, regarding Animal Control Officers, City animal shelter, and Animal Control Agency; repealing and replacing Meridian City Code section 6-2-6, regarding designation and management of Dangerous or At-Risk dogs; amending Meridian City Code section 6-2-8(P), regarding failure to comply with provisions regarding Dangerous and At-Risk dogs; repealing any conflicting ordinances; and providing an effective date. ANIMAL CONTROL ORDINANCE PAGE I I E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City Attorney's Office: Proposed Updates to Meridian City Code Mayor Robert E.Simison E IDIAN City Council Members: /�i Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault —� Luke Cavener Liz Strader MEMORANDUM DATE: October 11,2022 FROM: Emily Kane,Deputy City Attorney RE: Recommended updates to Meridian City Code(Phase 1) The City of Meridian's 2021-2025 Strategic Plan includes this goal:"Empower employees to innovate operations,update ordinances and simplify processes in order to improve effectiveness and provide premier services to our citizens." One of the enumerated strategies supporting this goal is to"perform a complete review of all ordinances,codes and policies in the City of Meridian to assess their value and relevance to the community." The City Attorney's Office has prepared a two-phase plan to implement this strategy. In Phase 1,we propose to delete or amend provisions of City Code that are of no current value or relevance because they are outdated,superfluous,redundant,in conflict with subsequently adopted laws,or present urgent vulnerabilities or complications for City operations or services provided to the community. In Phase 2,our office will propose a more comprehensive overhaul and restructuring of the City Code with the goals of improving clarity,consistency,effectiveness, and navigational utility. The Phase 1 proposed deletions and amendments are described below,both in summary form, and then with the long form of the code text that we propose be deleted or amended. SUMMARY OF PROPOSED UPDATES: Code Section Code Subject Recommended Reasoning Action 1 1-1-3 Repeal of Reference overall Reference to one general severability general savings clause. clause will allow deletion of the ordinances several savings clauses throughout the passed prior to code. adoption of City Code 2 1-2-2(A) Penalty Remove provision Conflicts with section 1-2-1(A). provisions that says 1-2-2 default penalty applies to every section. Page 1 3 1-2-2(B) One recovery Delete. Unnecessary limitation;prohibits for same charging someone for repeat offense. offense 4 1-5-1 Corporate seal Delete references to Seal does not go on all documents printing seal on all and records unless certified.The official documents, Clerk does not process/handle records,warrants. warrants. S 1-6-4(A)(3) Designated Update language. "Community Relations Specialist"is positions in the now designated as"Community Mayor's office Relations and Policy Advisor." 6 1-7-10 Procedure for Update language. Updates for clarity as to: request for • When administrative remedies are reconsideration exhausted following reconsideration • Modified decisions should also end in request for reconsideration +written decision on request for reconsideration in order to avoid confusion regarding when 28-day countdown for judicial review begins. 7 3-4-1 Definitions(of Delete definitions These definitions will not be needed temporary of subdivision due to the elimination of the uses) model homes and provisions requiring temporary use subdivision real permits for subdivision model homes estate sales offices. and subdivision real estate sales offices. 8 3-4-6(F) Temporary Re-insert Correcting a clerical oversight. This uses— inadvertently provision was in the original standards for deleted time limit ordinance but is now missing from promotional for promotional the code. All other types of sales units sales units. temporary sales units have time limits. 9 3-4-9 Temporary Delete. The Building Division,Title 10,and uses— the International Building Code standards for adequately cover public safety issues subdivision related to model homes. This section model homes has become redundant and thus obsolete. 10 3-4-10 Temporary Delete. The Building Division,Title 10,and uses— the International Building Code standards for adequately cover public safety issues real estate sales related to real estate sales offices. offices This section has become redundant and thus obsolete. 11 Title 3,Chapter 10 Adult Delete chapter. Covered by the UDC—the Clerk's entertainment Office does not and cannot issue licenses for this use as the language envisions. UDC section 11-4-3-16 contains specific use standards for adult entertainment establishments. Page 2 UDC section 11-1A-1 previously incorporated this definition by reference("Entertainment, adult.Adult entertainment shall be as defined in title 3,chapter 10 of this code..."),but the UDC definition has now been updated to incorporate this text. 12 3-11-2,3-11-3,and Requiring Delete provisions. The Clerk's Office does not and 3-11-5 permit from the should not issue permits for mobile Clerk's Office home parks. UDC and LLUPA for mobile control land use approvals and home parks. processes. 13 4-2-5 Interfering with Delete section. Conflicts with Fourth Amendment of city employee U.S.Constitution. or official's entry onto private or public property to enforce City Code. 14 5-3-9(A) City employee Change authorized Fire Department is subject matter authorized to party from Clerk to expert,not Clerk. grant Fire Chief or exemption designee. from IDEQ burning restrictions 15 5-3-10 Severability Delete section. General severability clause in section clause 1-1-5;we don't need this one. 16 6-2-9 Severability Delete section. General severability clause in section clause 1-1-5;we don't need this one. 17 6-4-1 Curfew Add language to(B) Necessary to comply with Nunez v. clarifying that First City of San Diego,114 F.3d 935(9 h Amendment Cit. 1997).City penalties for curfew Activity is not violations are now preempted.Per restricted;delete Idaho Code section 20-549,violation language classifying of city curfew is an infraction with a offender as"juvenile $150 fine. delinquent";delete penalty for parent; clarify that penalties are set by Idaho Code. Page 3 18 6-4-2 Minor Delete section. Covered by Idaho Code section 39- possession and 5703,which has a graduated penalty smoking of for purchase and possession of cigarettes tobacco by a minor.Per Idaho Code section 39-5713,local ordinances regarding tobacco sales are prohibited. 19 7-1-6(A) Speeding in Delete provision Park speed limit is covered by parks and regarding speeding Meridian City Code section 13-2- alleys in parks;delete 6(Q)(3);definition of alley is covered definition of alley. by/conflicts with Idaho Code section 49-102(10). 20 7-1-8(A) U-turns Delete provisions Covered by Idaho Code sections 49- redundant to state 645 and 49-801. code;add restriction on U-turns that im ede traffic. 21 7-1-12 Negligent Delete provisions Covered by Idaho Code section 49- driving redundant to state 1424(1). code regarding drag racing. 22 8-1-7 Severability Delete section. General severability clause in section clause 1-1-5;we don't need this one. 23 8-2-12 City Council Delete severability General severability clause in section duty to act clause 1-1-5;we don't need this one. 24 9-1-19(E) EPA water Delete provision. Public Works is OK with deletion. testing charge We do charge this(and other incorporated mandatory regulatory fees)but the into rates amount is outdated and there is no reason to call out this particular regulatory fee since it is one of several others included in water rates. 25 9-1-23 Council has Delete section. Covered by authority in Title 50; authority to provision regarding retroactive amend water application of changed water rates is regulations and unnecessary and may cause rates unintended limitations. CODE PROVISIONS WITH PROPOSED CHANGES: I 1-1-3.-Repeal of general ordinances. All general ordinances of the City passed prior to the adoption of this Code are hereby repealed,except such as are included in this Code or are by necessary implication herein reserved from repeal(subject to the saving clauses contained in section 1-1-5 the&Ila..:..,.,.eet A and excluding the following _ _ — Commented[EK1]:General severability clause in section ordinances which are not hereby repealed:Tax levy ordinances;appropriation ordinances;ordinances 1-1-5;we don't need one in every section. relating to boundaries and annexations;franchise ordinances and other ordinances granting special rights to persons or corporations;contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants;salary ordinances;ordinances establishing,naming or vacating streets,alleys or other public places;improvement ordinances;bond ordinances;ordinances relating to elections; Page 4 ordinances relating to the transfer or acceptance of real estate by or from the City;and all special ordinances. 2&3 1-2-2.-Application of provisions. A. Application of penalty provisions. 4. k he penalty provided in this,a a pier shall be app"-- every seetion of this Code the same as though 4 vvere a part of eaeh and every separate--S�- ' n'Y , Commented[EK2]:Covered in/conflicts with 1-2-1(A). person convicted of a violation of any section of this Code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues unless otherwise specifically provided in this Code. B.2 Acts or omissions mandated by Code. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code, and there shall be no fine or penalty specifically declared for such breach,the provisions of this chapter shall apply. B. One r-eet9veFyfi9r same e*nse.in all eases where the same offense is made punishable E)r is efeated t,.E)t fnere than afte(1)f:eeaveFy shall be had against the Same PeFs r Oqe qavA—e off-p-s.— ---- Commented[EK3]:Unnecessary limitation;arguably prohibits charging someone with repeat offense if ather penalty being efikweed. previously penalized for violation. 4 1-5-1.-Corporate seal. C. City Clerk custodian of seal.The City Clerk shall be the custodian of the corporate seal of the city and shall affix said seal's imprint upon all 1 ffieial a^,......v.,' ^,._aS ordinances, resolutions_ P P Commented[EK4]:Unclear what is meant by"official proclamations,licenses, and certified co ies of records. documents,records."seal does not go on all documents and records unless certified. 5 Commented[EKS]:The Clerk does not process/handle Commented 1-6-4.-Designated positions in the Mayor's office. A.Designated positions in the Mayor's office.The following designated positions in the Mayor's office shall have job descriptions that are approved by Human Resources: 1.Chief of Staff; 2.Executive Assistant to the Mayor; 3.Community Relations Specialist and Policy Advisor;land_ Commented[EK6]:Updated with correct title. 4.Programs and Events Specialist. 6 1-7-10.-Procedure for request for reconsideration Commented[EK7]:Updates for clarity,particularly as to Ar.Pursuant to Idaho Code section 67-6535(2)(b) ,the following when administrative remedies are exhausted. Modified procedure,regarding a request for reconsideration of a City Council land use decision,the following- decisions should also end in request for reconsideration and preeedw,e-must be strictly followed: written decision on request for reconsideration in order to 4-A.After final appf:aval of''e City Council approves its findings of facts,conclusions of law,decision, avoid confusion regarding when 28-day countdown for and order,any the applicant or an affected person,as defined by Idaho Cede the Local Land Use Planning judicial review begins. Act(Idaho Code sections 67-6501 et seq.,may request reconsideration Ceune-il,in accordance with the provisions of this section. Page 5 Z B.Such request must be in writing and filed by personal service to the City Clerk within fourteen(14) days of the final approval decision.Failure to timely or personally serve the City Clerk shall be deemed a failure to request reconsideration bel A al-id hhmsi..-few-summary denial of the request witheut eensideratieft by City The party filing the request for reconsideration shall provide a copy of the request to the City Community Development Department and the City Attorney's Office. C.The request must identify specific deficiencies in the deeisiee matter for which reconsideration is sought. 4 D.If the request is timely and properly filed;by the applicant or an affected person,and meets the identifies specific deficiencies in♦6e land use deeis e~,the City Clerk shall schedule the__quest to be_ensidered reconsideration at a regularly scheduled meeting of the City Council. 57 E.The City Clerk shall provide to the party filing the request for reconsideration,and to the applicant, notice of the date,time,and place of the meeting at which City Council will consider the request. 6-F.In considering the request for reconsideration,City Council shall take tie not receive or consider new evidence or testimony,but shall confine its decision to the record a6 it re',..,....,.A.... Fi ff...._,1.. -A supporting the final decision. G.Following eensideratien ef the reques reconsideration,the Council f tay shall affirm,reverse,or modify its decision,or Eeaaeil-xnay direct anew public hearing on the dee-isiett matter. 1.If City Council reverses or modifies its decision,Council shall enter new findings of facts, conclusions of law,decision,and order regarding the reversed or modified decision. In this event,exhaustion of administrative remedies for the purpose of judicial review shall include City Council's reconsideration of the new,final decision. 2.If City Council holds a new public hearing on the matter,Council shall enter new findings of facts,conclusions of law,decision,and order following such hearing. In this event,exhaustion of administrative remedies for the purpose of iudicial review shall include seeking City Council's reconsideration of the new,final decision. H.Within sixty(60)days of the City Clerk's receipt of the request for reconsideration,the City Attorney shall prepare,and the City Clerk shall provide to the parry requesting reconsideration,a written decision on the request for reconsideration. 7 �4-1.—Def]nitionsI Commented[EK8]:DELETE-These definitions will not be needed due to the elimination of the provisions requiring Subdivision model home means a dwelling which serves as an exhibit or example of dwellings temporary use permits for subdivision model homes and constructed or to be constructed within the subdivision in which such model home is located.Where a subdivision real estate sales offices. dwelling is both a subdivision model home and a subdivision real estate sales office,this definition shall apply. Subdivision real estate sales office means a structure from which lots and/or dwellings are sold,rented, or offered for sale or rent,where such structure is located in the subdivision containing such real estate. Where a structure is both a subdivision model home and a subdivision real estate sales office,the definition of"subdivision model home"shall apply. 8 3-4-6.-Temporary uses—Standards for promotional sales units. Page 6 F.ITime period.(Promotional sales units shall be limited to a period of time not to exceed one hundred _ , Commented[EK9]:Correcting a clerical oversight.This sixty(160)days,whether such days are consecutive or not,per property,12er calendar year.The provision was in the original ordinance but is now missing location of a promotional sales unit on a site for any portion of a day,whether or not the permanent from the code.All other types of temporary sales units have proprietor is open for business,shall constitute one(1)day for purposes of this subsection. time limits;it is unknown when the deletion occurred,but it was inadvertent. lG.Penalty.A violation of this section shall be an infraction punishable by a penalty of one hundred dollars($100.00).In addition to such penalty,any person violating,allowing,or causing any provision of this section shall be subject to any and all other applicable administrative,criminal,and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. Q IL Enforcement.Peace officers and/or Code Enforcement Officers shall be empowered to enforce the provisions of this section.An officer may call upon the services of the planning,fire,parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section.An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section.If an officer reasonably believes that a provision of this section has been violated,the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred.Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules,which are incorporated herein by this reference. 9 �4-9.-Temporary uses—Standards for subdivision model homes. Commented[EK10]:DELETE-The Building Division,Title In addition to the standards for all temporary uses as set forth above,the following standards for time, to,and the International Building Code adequately cover place,and manner of operation or occurrence of subdivision model homes shall also apply: public safety issues related to model homes. This section has become redundant and thus obsolete. A.Purpose of structure.Where a structure is both a subdivision model home and a subdivision real estate sales office,such structure shall be subject to the standards for a subdivision model home. B.Location.A subdivision model home shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such subdivision model home serves as an exhibit or example.It shall be unlawful to operate or cause the operation of a subdivision model home at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such subdivision model home serves as an exhibit or example. C.Suitable for sale.A subdivision model home shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit.It shall be unlawful to operate or cause the operation of a subdivision model home within a structure that is not suitable for sale and/or use as a residential dwelling unit.While such residential dwelling unit is temporarily used as the subdivision model home, such unit shall obtain any and all permits required by title 10 of this Code.It shall be unlawful to operate or cause the operation of a subdivision model home without any and all permits required by title 10 of this Code. D.Principal use.The principal use of the subdivision model home shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the subdivision model home is located.It shall be unlawful for any person to use or allow the use of a subdivision model home as a financial institution of any sort,including as an appraisal,loan,or closing office. E.Operation.A subdivision model home may be operated only until either there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the subdivision model home is located or three hundred sixty-five(365)days following the date of issuance of the temporary use permit,whichever occurs first.It shall be unlawful to operate or cause the operation of a Page 7 subdivision model home either where no lots or newly constructed dwellings are for sale or rent within the subdivision in which the subdivision model home is located or after three hundred sixty-five(365) days following the date of issuance of the temporary use permit,whichever occurs first. F.Signs.The following provisions shall apply to any and all temporary signs related to a subdivision model home: 1. No more than one(1)temporary sign per one(1)subdivision model home shall be installed, erected,posted,or displayed for the purpose of identifying,promoting,advertising,or directing patrons to such subdivision model home.It shall be unlawful for any person to install,erect,post, or display or to allow or cause the installation,erection,posting,or display of more than one(1) temporary sign per one(1)subdivision model home identifying,promoting,advertising,or directing patrons to such subdivision model home. 2. The area of any temporary sign installed,erected,posted,or displayed for the purpose of identifying,promoting,advertising,or directing patrons to a subdivision model home shall not exceed sixteen(16)square feet.It shall be unlawful for any person to install,erect,post,or display or to allow or cause the installation,erection,posting,or display of a temporary sign identifying,promoting,advertising,or directing patrons to a subdivision model home where the area of such temporary sign exceeds sixteen(16)square feet. 3. It shall be unlawful for any person to install,erect,post,or display or to allow or cause the installation,erection,posting,or display of any temporary sign identifying,promoting, advertising,or directing patrons to a subdivision model home upon any property other than that property upon which the subdivision model home is located. 4. Any and all temporary signs identifying,promoting,advertising,or directing patrons to a subdivision model home shall be removed within twenty-four(24)hours of the conclusion of such temporary use. G.Penalty.A violation of this section shall be an infraction punishable by a penalty of one hundred dollars($100.00).In addition to such penalty,any person violating,allowing,or causing any provision of this section shall be subject to any and all other applicable administrative,criminal,and/or civil penalties.Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. H.Enforcement.Peace officers and/or Code Enforcement Officers shall be empowered to enforce the provisions of this section.An officer may call upon the services of the planning,fire,parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section.An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section.If an officer reasonably believes that a provision of this section has been violated,the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred.Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules,which are incorporated herein by this reference. 10 �4-10.-Temporary uses—Standards for subdivision real estate sales offices. Commented[EK1 t]:DELETE-The Building Division,Title 10,and the International Building Code adequately cover In addition to the standards for all temporary uses as set forth above,the following standards for time, public safety issues related to real estate sales offices. This place,and manner of operation or occurrence of subdivision real estate sales offices shall also apply: section has become redundant and thus obsolete. A.Purpose of structure.Where a structure is both a subdivision model home and a subdivision real estate sales office,such structure shall be subject to the standards for a subdivision model home. Page 8 B.Licenses,permits,and certificates.The operation of a subdivision real estate sales office without the following valid and current licenses,permits,and/or certifications shall be unlawful: 1.A City of Meridian temporary use permit. 2.Any and all licenses,permits,and/or certifications required by title 10 of this Code. C.Location.A subdivision real estate sales office shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such subdivision real estate sales office.It shall be unlawful to operate or cause the operation of a subdivision real estate sales office at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from such subdivision real estate sales office. D.Principal use.The principal use of the subdivision real estate sales office shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the subdivision real estate sales office is located.It shall be unlawful for any person to use or allow the use of a subdivision real estate sales office as a financial institution of any sort,including as an appraisal,loan,or closing office. E.Operation.A subdivision real estate sales office may remain only until either there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the subdivision real estate sales office is located or three hundred sixty-five(365)days following the date of issuance of the temporary use permit,whichever occurs first.It shall be unlawful to operate or cause the operation of a subdivision real estate sales office either where no lots or newly constructed dwellings are for sale or rent or after three hundred sixty-five(365)days following the date of issuance of the temporary use permit,whichever occurs first unless such subdivision real estate sales office is converted to a dwelling in accordance with all applicable provisions of law,including titles 10 and 11 of this Code. F.Permits.A subdivision real estate sales office shall obtain any and all permits required by title 10 of this Code.It shall be unlawful to operate or cause the operation of a subdivision real estate sales office without any and all permits required by title 10 of this Code. G.Signs.The following provisions shall apply to any and all temporary signs related to a subdivision real estate sales office: 1. No more than one(1)temporary sign per one(1)subdivision real estate sales office shall be installed,erected,posted,or displayed for the purpose of identifying,promoting,advertising,or directing patrons to such subdivision real estate sales office.It shall be unlawful for any person to install,erect,post,or display or to allow or cause the installation,erection,posting,or display of more than one(1)temporary sign per one(1)subdivision real estate sales office identifying,promoting,advertising,or directing patrons to such subdivision real estate sales office. 2. The area of any temporary sign installed,erected,posted,or displayed for the purpose of identifying,promoting,advertising,or directing patrons to a subdivision real estate sales office shall not exceed sixteen(16)square feet.It shall be unlawful for any person to install,erect, post,or display or to allow or cause the installation,erection,posting,or display of a temporary sign identifying,promoting,advertising,or directing patrons to a subdivision real estate sales office where the area of such temporary sign exceeds sixteen(16)square feet. 3. It shall be unlawful for any person to install,erect,post,or display or to allow or cause the installation,erection,posting,or display of any temporary sign identifying,promoting, advertising,or directing patrons to a subdivision real estate sales office upon any property other than that property upon which the subdivision real estate sales office is located. 4. Any and all temporary signs identifying,promoting,advertising,or directing patrons to a subdivision real estate sales office shall be removed within twenty-four(24)hours of the conclusion of such temporary use. Page 9 H.Penalty.A violation of this section shall be an infraction punishable by a penalty of one hundred dollars($100.00).In addition to such penalty,any person violating,allowing,or causing any provision of this section shall be subject to any and all other applicable administrative,criminal,and/or civil penalties.Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation. 1.Enforcement.Peace officers and/or Code Enforcement Officers shall be empowered to enforce the provisions of this section.An officer may call upon the services of the planning,fire,parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section.An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section.If an officer reasonably believes that a provision of this section has been violated,the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred.Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules,which are incorporated herein by this reference. 11 CHAPTER 10.-ADULT ENTERTAINMENTL Commented[EK12]:DELETE-Covered by the UDC—the 3-10-1.-Definitions. Clerk's Office does not and cannot issue licenses for this use The following definitions are applicable to this chapter: as the language envisions. UDC section 11-4-3-16 contains Adult arcade machines means machines which are used by an individual to view films,videos,or specific use standards for adult entertainment segments of films,which distinguish,characterize,or emphasize matters depicting,describing or relating establishments.UDC section 11-1A-1 previously incorporated this definition by reference("Entertainment, to activities of a sexual nature for the purposes of adult entertainment. adult.Adult entertainment shall be as defined in title 3, chapter 10 of this code..."),but the UDC definition has now Adult business means an adult store,adult theater,adult entertainment establishment or adult business been updated to incorporate this text. which also includes any business that operates adult arcade machines on its premises. Adult entertainment establishment means any place of business,or commercial establishment,wherein the entertainment or activity therein consists of substantially nude persons dancing with or without music or engaged in movements of a sexual nature wherein the patron is directly or indirectly charged a fee or required to make a purchase in order to view the entertainment or activity which consists of persons exhibiting or modeling lingerie,bikinis or similarly styled garments,or where the patron,directly or indirectly,is charged a fee to engage in personal contact by employees,devices or equipment,or by personnel provided by the establishment. A. An establishment which has semi-nude dancing or strip tease performances, whether these occur regularly or occasionally. B. "Adult dancing"includes,but is not limited to:erotic,exotic,striptease,bikini or lingerie and shall mean and relate to any performance,preview,play,show,skit,film,dance or other exhibition performed before an audience depicting,describing or relating to activities of a sexual nature for the purposes of adult entertainment. C. "Substantially nude"as used in this section shall mean dressed in a manner so as not to display any portion of the female breast below the top of the areola,or displaying any portion of any person's pubic hair,anus,cleft of the buttocks,vulva or genitals.This definition of"adult entertainment establishments" is to include,but not be limited to,bathhouses,massage parlors,lingerie,modeling studios,or related or similar activities. D. Establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment, as herein above described, are specifically excluded. Adult store means: Page 10 A. An establishment having as a substantial or significant portion of its stock or trade,books,magazines or films which are distinguished or characterized by their emphasis on matter depicting,describing, or relating to adult entertainment; B. An establishment with a segment or section devoted to the sale or display of such material;or C. An establishment which sells or displays for sale devices designed to stimulate sexual arousal by contact with the skin or bodily orifices. Adult theater means an establishment,either enclosed or in the open air,used for presenting to an audience through film or live performance material distinguished or characterized by emphasis on matter depicting,describing or relating to activities of a sexual nature for the purposes of adult entertainment. Holding company means: A. Any corporation,firm,partnership,trust or other form of business organization not a natural person which,directly or indirectly: 1. Owns; 2. Has the power or right to control;or 3. Holds with the power to vote,all or any part of the outstanding voting securities of a corporation which holds or applies for a license required by this chapter. B. For the purposes of this section,in addition to any other reasonable meaning of the words used,a holding company"indirectly"has,holds or owns any power,right or security mentioned in subsection(A) of this definition if it does so through any subsidiaries,however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant. Intermediary company means any corporation,firm,partnership,trust or other form of business organization other than a natural person which: A. Is a holding company with respect to a corporation which holds or applies for a license required by this chapter. B. Is a subsidiary with respect to any holding company. Subsidiary means: A. Any corporation all or any part of whose outstanding equity securities are: 1. Owned; 2. Subject to a power or right of control;or 3. Held with power to vote,by a holding company or intermediary company;or B. Any firm,partnership,trust or other form of business organization not a natural person, all or any interest in which is: 1. Owned; 2. Subject to a power or right of control;or 3. Held with power to vote,by a holding company or intermediary company. 3-10-2.-Persons subject to license. Whenever in this chapter a license is required for the maintenance,operation or conduct of any business or establishment,or for doing business or engaging in any activity or occupation,any person or corporation shall be subject to the requirement,if by himself or through an agent,employee or partner he holds himself out as being engaged in the business or occupation;or solicits patronage therefor,actively or passively;or performs or attempts to perform any part of such business or occupation in the city. 3-10-3.-Licensing focus. This chapter is not designed to define,nor regulate,the sale,loan,distribution,dissemination, presentation or exhibition,of material or live conduct which is obscene.This chapter is designed to license establishments that provide adult entertainment or themes of a distinct sexual nature. 3-10-4.-License required;alcohol license prohibited. Page 11 A. License required.It shall be unlawful for any person to operate within the city limits any adult store, adult theater,adult arcade machine business,or adult entertainment establishment,without first obtaining an appropriately classified license to do so as set forth in section 3-10-5 of this chapter. B. Alcohol license prohibited.No beer,wine or liquor license shall be issued to any adult theater,adult store,adult arcade business or adult entertainment establishment business as described above. 3-10-5.-License classifications. Class A:Adult store which does not admit persons eighteen(18)years or younger. Class B:Adult store which admits customers eighteen(18)years or younger to purchase publications or items not relating to specified sexual activities or specified anatomical areas but which has a portion of its premises devoted to the sale or display of such publications,films,or sexual devices. Class C:Adult theater. Class D:Adult arcade machines. Class E:Any adult entertainment establishment which may also include the elements of Class A,C,and D but not Class B. 3-10-6.-Application for license. An application for a license to operate one(1)of the establishments described in subsection 3-10-4.A of this Chapter shall be made to the City Clerk in such form and manner as prescribed by the City Council accompanied by the annual fee hereinafter prescribed,but the application shall contain at least the following: A. The name and residence address of the applicant. B. The name and address of each employee. C. If applicant is a corporation,the names and resident addresses of each of the officers,directors and managers of said corporation and of each stockholder owning more than ten(10)percent of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishment. D. If applicant is a partnership,the names and addresses of each of the partners,including any limited partners and the address of the partnership itself, if different from the address proposed for the establishment. E. Written proof that the applicant is over the age of eighteen(18)years. F. The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application including the names,dates of,location and nature of same. G. The number of adult arcade machines to be installed,if any,and the name,address and employer of the owner of said machines.If the owner is a corporation,the names and resident addresses of each of the officers,directors and managers of said corporation and of each stockholder owning more than ten(10) percent of the stock of the corporation and the address of the corporation itself,if different from the address of the proposed establishment(s). H. The class of license applied for and a statement why the proposed establishment falls within the requested classification. L If the applicant is seeking a Class B adult store license,a description of the manner in which minors will be prevented from viewing publications,films of specified sexual activities or sexual anatomical areas. J. If a Class A adult store license is being requested,a statement whether the applicant will display for sale or sell any device designed to be used to stimulate sexual arousal or arousal by contact with the human skin or bodily orifices. K. A diagram of the floor plan and number of square feet and on-premises parking spaces. L. If the applicant is seeking a Class C adult theater license,a statement whether the entertainment will be live or on film. If live, a statement as to the nature of the live entertainment,e.g.,burlesque,dance, musical,drama,etc. M. If a Class E adult entertainment license is sought,a statement of the type and nature of entertainment, whether Class A items are to be sold or offered for sale,and if adult arcade machines,including the number of,will be available for patronage. Page 12 N. The date on which the applicant intends to open for business. O. The type and nature of activity desired to be licensed and whether the type of activity shall at any time require the total exclusion of minors from the premises. P. A legal description of the real property on which the premises is to be located,the name and address of the record owner;the name and address of each lienholder;the name and address of each party to a valid and subsisting contract of sale,deed of trust or other agreement the subject of which is the aforesaid real property.If any of the persons sought to be identified by this section is a corporation,the names and resident addresses of the officers,directors and managers of said corporation and of each stockholder owning more than ten(10)percent of the stock of the corporation and the address of the corporation itself,if different from the address of the proposed establishment. Q. If any of the information supplied pursuant to this section becomes outdated by virtue of changes in the operation of the business or otherwise needs to be supplemented,the licensee shall provide the City Clerk with the modified or supplemental data within ten(10)days of the change or addition being effective. R. As to subsections (C), (G) and (P) of this section, if the owner or applicant corporation is an "intermediary company"as defined in section 3-10-1 of this chapter,the identity of each related"holding company" or"subsidiary" as those terms are defined in section 3-10-1 of this chapter.In providing the identity of each such corporation,the applicant shall furnish the names and addresses of each of the officers, directors and managers and of each stockholder owning more than ten(10)percent of the stock of the corporation,and the address of the corporation. 3-10-7.-Control by City Clerk. The City Clerk shall,within three(3)working days of a receipt of an application for license required by this Chapter submit a complete copy of the application to the Planning and Zoning Commission,Building Inspector,Central District Health Department of the State of Idaho,Fire Inspector for the city,City Attorney,City Engineer,Ada County Highway Department and the Chief of Police. 3-10-8.-Investigation by city officials and other agencies. On receipt of an application for licensing from the City Clerk as required by this chapter,respective city officials and other governmental agencies shall commence investigations as to whether the physical plant of the proposed establishment is in conformity with the state law and City Council within ten(10)days of receiving the license application and state whether the proposed establishment is in compliance with the applicable ordinances,state laws and regulations.It shall further be the duty of each respective official agency,should a license subsequently be granted to the applicant,to examine and inspect such place licensed on a regular basis to determine continuing conformity to the applicable laws and regulations.If, during such routine inspection,a discrepancy is noted,the official noting such discrepancy shall so advise the licensee in writing.The licensee shall have ten(10)days within which to correct the discrepancy. Reasonable extensions of time will be granted the licensee if the discrepancy cannot be eliminated within a ten-day period. 3-10-9.-Issuance of license. A. Submission of application and report to Council. When the City Clerk has received a report and recommendation from each of the officials or agencies designated in section 3-10-6 of this chapter,and not later than twenty (20) days from the filing of the application, the City Clerk shall submit the license application and official reports to the City Council for inclusion in the Council agenda. B. Council action.The City Council shall act upon the application at the next regular scheduled meeting after submission of the application by the City Clerk.If each of the designated officials or agencies has determined that the proposed business establishment is in conformity with all applicable city and state laws, and if it appears that there are no material misrepresentations or fraud in the application or in connection with the investigation by the city officials or other governmental agencies,the City Council shall grant a license to the applicant. 3-10-10.-Further investigation by City Council. Page 13 The City Council,prior to the issuance of any license requested by this chapter and after review of the submitted application,may undertake further investigation if it has reasonable cause to believe that the applicant has or is attempting to perpetrate a fraud or material misrepresentation on the city.Such further investigation may be completed and written findings issued at or prior to the next regular meeting following the meeting at which such application was initially considered.Upon a finding by the Council that the material misrepresentation or fraud has been perpetrated either in the application or in connection with the investigation by city officials or other governmental agencies,said application may be denied by the City Council.Nothing in this section shall be construed to permit any investigation into the substantive content of the publications or films to be displayed or sold by the applicant. 3-10-11.-License fees. A. Fees established. The following annual license fees must be paid to the city at the time the license application is submitted: Class A license:Three hundred dollars($300.00). Class B license:One hundred twenty-five dollars($125.00). Class C license:Two hundred dollars($200.00). Class D license:Fifty dollars($50.00)per adult arcade machine. Class E license:Three hundred dollars($300.00)plus applicable fees for Class A content and fees for each arcade machine under Class D. B. Renewals.The request for renewal of licenses must be made on forms supplied by the City Clerk and such requests must be submitted by December 1 for renewal for the next calendar year. Each renewal application must be accompanied by the annual fee set forth in subsection(A)of this section. C. Proration of fee.Where an application for a new license is made after January 1,the applicable fee shall be apportioned in accordance with the number of days remaining in the calendar year. 3-10-12.-Misdemeanor. It shall be a misdemeanor for an applicant or licensee to make a material misrepresentation on his application,to perpetrate a fraud on any investigative official or agency or to operate a business licensed under this chapter in contravention to the laws of the state or the ordinances of the city. 3-10-13.-Revocation of license. The licensee shall be responsible for the operation of the licensed premises in conformity with the ordinances of the city and the state.Upon a conviction of the licensee or the agent or employee of the licensee of violating any law or ordinance including this chapter,intended to protect the health,welfare or safety of individuals in this state and which violation occurs in the course of the main business activity licensed under this chapter,and not incidental thereto,the City Council may revoke all licenses held by the licensee under this chapter for a period up to and including eighteen(18)months from the date of conviction.Upon expiration of the period of revocation,the applicant will be eligible to reapply for a license according to the procedures and requirements of this chapter. 3-10-14.-Procedure for license revocation. A. Hearing.Any revocation of a license pursuant to this Chapter shall not occur until a hearing is held before the City Council.Twenty(20)days'written notice of the time and place of the hearing and the nature of the grounds for such revocation sufficient to inform the licensee and enable him to respond shall be given.The licensee shall have the right to appear at said hearing in person or by counsel to present evidence and argument on the licensee's behalf and cross-examine witnesses. B. Council ruling. The City Council shall make a ruling based on the evidence presented to it at the hearing.Thereafter,the licensee shall be informed in writing of the Council's decision.If the Council by majority vote favors revocation, such revocation shall take effect when personal service of the written decision is made upon the licensee or an agent or employee of said licensee. Page 14 3-10-15.-Prior location and license lapse. Nothing in this chapter shall in any way affect the rights of present adult businesses to continue their operation so long as they adhere to the provisions of this chapter,including submission of properly completed applications within thirty(30)days of the effective date hereof and otherwise maintain a current license.Once an existing operation obtains a classified license,any subsequent change in classification shall be treated as a new use and must qualify under the provisions of this chapter.If there is a failure to timely renew a license,any subsequent application must satisfy all the requirements of this chapter. 12 �41-2.-Mobile home park permit;conditions and requirements. Commented[EK13]:DELETE Sections 3-11-2,3-11-3,3- A. Permit required;conditions.It shall be unlawful for any person to construct,alter,extend or operate 11-s—The Clerk's Office does not issue permits for MHPs. any mobile home park within the limits of the city unless he holds a valid permit issued by the City UDC and LLUPA controls. Clerk annually,in the name of such person for the specific trailer court,for the specific construction, alteration or extension proposed. 1. Parks in residence zones;requirements.Trailer courts may be allowed in Residential Zone A or Residential Zone B as designated in the city by special permit of the Planning and Zoning Commission and the City Council after public hearing and a showing to the satisfaction of the Planning and Zoning Commission that such action will be compatible to the overall development of the area where the trailer court is proposed to be constructed and will be in accordance with the general purposes of the zoning ordinances of the city;and provided,that before a permit is issued by the Commission,there shall be on file in the office of the City Clerk,the written consent of the owners of seventy-five(75)percent of the area of all the property within the boundary line of an area determined by the intersection of lines drawn three hundred(300)feet at right angles out from and parallel to all sides of the tract whereupon such trailer court is to be erected or occupied,or property zoned for this specific purpose after a public hearing. 2. Street dedication;boundary around tract. a. Where dedicated street rights-of-way are encountered,they shall be included in establishing the three hundred-foot boundary line around the tract,but further they shall not be included in any area calculation. b. For a property that is partially within the boundary and partially outside the boundary,only that area within the prescribed three hundred-foot boundary is to be included in the percentage of area analysis. c. The method,as outlined herein,for establishing the three hundred-foot boundary line applies for all the tracts of land whether they be rectangular, curvilinear or irregular; and furthermore,the exterior boundary line may be rectangular,curvilinear and irregular, and will not necessarily be in conformity with any surrounding lot,block and/or property lines. 3. Buildings outside trailer court; locations. In any area of the city, regardless of the zoning designation,each boundary of any"trailer court"as defined in this chapter must be at least two hundred(200)feet from the foundation of any permanent residential building located outside the trailer court unless the trailer court is separated from such permanent residential building by a natural or artificial barrier that meets the approval of the City Council,or unless seventy-five(75) percent or more of the property owners of the residential buildings in the area within the said two hundred(200)feet from such trailer court gave consent thereto by a formal petition filed with the Planning and Zoning Commission and City Council. B. Renewal permit.It is not necessary to file a complete plan when applying for an annual renewal permit, provided there are not to be any remodeling or alterations done. C. Application for permit;contents.All applications for permits shall contain the following: 1. Name and address of applicant. 2. Location and legal description of the mobile home park. Page 15 3. Complete engineering plans and specifications of the proposed park showing,but not limited to, the following: a. The area and dimensions of the tract of land; b. The number,location and size of all mobile home lots; c. The location and width of roadways and walkways;or must conform to requirements of the city subdivision regulations(title 11 of this Code); d. The location of water and sewer lines and riser pipes; e. Plans and specifications of the water supply and refuse and sewer disposal facilities; f. Plans and specifications of all buildings constructed or to be constructed within the mobile home park; g. The location and details of lighting and electrical systems; h. All plans and specifications to indicate distances,depths,setbacks,separations; i. Double frontage lots backing on streets shall be prohibited from using exterior roadway as entrance or exit purposes; j. All lot dimensions are to be shown on all lot lines; k. Radii at curbs at street intersections at lot corners should be rounded as per city subdivision regulations(title 11 of this Code); 1. Exterior boundaries of plat drawings must be tied to at least two(2)county or city monuments as per city subdivision regulations(title 11 of this Code); M. All lots are to be numbered by progressive numbers in each block separately as per city subdivision regulations(title 11 of this Code). D. Issuance of permit. When upon review of the application, the City Council is satisfied that the proposed plan meets the requirements of this chapter,a permit shall be issued. E. Permit denial;hearing.Any person whose application for a permit under this chapter has been denied may request and shall be granted a hearing on the matter before the health authority under the procedure provided by section 3-11-5 of this chapter. 3-11-3.-Permit for operation of mobile home park. A. Permit required.It shall be unlawful for any person to operate any mobile home park within the limits of the city unless he holds a valid permit by the City Clerk in the name of such person for the specific mobile home park.All applications for permits shall be made to the City Council,who shall issue a permit upon compliance by the applicant with the provisions of this chapter. B. Transfer of permit. Every person holding a permit shall give notice in writing to the City Council within twenty-four(24)hours after having sold,transferred,given away,leased or otherwise disposed of interest in or control of any mobile home park.Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application in writing for transfer of the permit, the permit shall be transferred if the mobile home park is in compliance with all applicable provisions of this chapter. C. Application for permit;contents;fees. 1. Contents of application;deposit. a. Application for original permit shall be in writing,signed by the applicant,accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of ten dollars($10.00)and shall contain: (1) The name and address of the applicant; (2) The location and legal description of the mobile home park;and (3) A site plan of the mobile home park showing all mobile home lots,structures,roads, walkways and other service facilities. Page 16 b. One(1)tentative plat shall be drawn to a scale of one(1)inch to fifty(50)feet or larger and another tentative plat shall be drawn to a scale of one(1)inch to three hundred(300)feet,to accompany application. 2. Renewal of permit.Applications for renewals of permits shall be made in writing by the holders of the permit and shall be accompanied by the deposit of a fee of ten dollars($10.00)and shall contain any change in the information submitted since the original permit was issued or the latest renewal granted. D. Permit denial;hearing.Any person whose application for a permit under this chapter has been denied may request and shall be granted a hearing on the matter before the City Council under the procedure provided by section 3-11-5 of this chapter. E. Health regulations; inspection. Whenever, upon inspection of any mobile home park, the health authority finds that conditions or practices exist which are in violation of any provisions of this chapter, the health authority shall give notice in writing in accordance with section 3-11-5 of this chapter to the person to whom the permit was issued,that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the health authority,the permit shall be suspended. At the end of such period,the health authority shall reinspect such mobile home park and,if such conditions or practices have not been corrected,he shall suspend the permit and give notice in writing of such suspension to the person to whom the permit is issued. Upon receipt of notice of such suspension,such person shall cease operation of such mobile home park except as provided in section 3-11-5 of this chapter. 3-11-5.-Notices,hearings and orders. A. Notice of violation.Whenever the City Council determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter,they shall give notice of such alleged violation to the person to whom the permit was issued,as hereinafter provided.Such notice shall: 1. Be put in writing; 2. Include a statement of the reasons for its issuance; 3. Allow a reasonable time for the performance of any act it requires; 4. Be served upon the owner or his agent as the case may require;provided,that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address,or when a copy thereof has been posted in a conspicuous place in or about the dwelling affected by the notice,or when he has been served with such notice by any method authorized or required by the laws of this state; 5. Contain an outline of remedial action which,if taken,will effect compliance with the provisions of this chapter and with regulations adopted pursuant thereto. B. Petition to request hearing;conducting hearing. 1. Request. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the City Council;provided,that such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten(10)days after the day the notice was served.The filing of the request for a hearing shall operate as a stay of the notice and the suspension except in the case of an order issued under subsection(E)of this section. 2. Hearing.Upon receipt of such petition,the City Council shall set a time and place for such hearing and shall give the petitioner written notice thereof.At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.The hearing shall be commenced not later than ten(10)days after the day on which the petition was filed;provided,that upon application of the petitioner,the City Council may postpone the date of Page 17 the hearing for a reasonable time beyond such ten(10)day period when in his judgment the petitioner has submitted good and sufficient reasons for such postponement. C. Findings of council.After such hearing,the City Council shall sustain,modify or withdraw the notice, depending upon his findings as to compliance or noncompliance with the provisions of this chapter and of regulations adopted pursuant thereto.If the City Council should sustain or modify such notice, it shall be deemed to be an order.Any notice served pursuant to subsection(A)(4)of this section shall automatically become an order if a written petition for a hearing shall not have been filed in the office of the City Clerk within ten(10)days after such notice was served.After a hearing in the case of any notice suspending any permit required by this Chapter,or by any regulation adopted pursuant thereto, when such notice shall have been sustained by the City Council,the permit shall be deemed to have been revoked.Any such permit which shall have been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing shall not have been filed in the office of the City Clerk within ten(10)days after such notice was served. D. Proceedings public record.The proceedings at such a hearing,including the findings and decision of the City Council,and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the City Clerk but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section.Any person aggrieved by the decision of the City Council may seek relief therefrom in any court of competent jurisdiction,as provided by the laws of this state. E. Health emergency;order to remedy. Whenever the health authority finds that an emergency exists which requires immediate action to protect the public health,he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this chapter,such order shall be effective immediately.Any person to whom such an order is directed shall comply therewith immediately,but upon petition to the City Council shall be afforded a hearing as soon as possible.The provisions of subsections(C)and (D)of this section shall be applicable to such hearing and the order issued thereafter. 13 4-2-5.-Hindering authorized person.L — Commented[EK14]:DELETE—Conflicts with Fourth It shall be unlawful.and a misdemeanor to interfere with,hinder or refuse to allow any authorized city Amendment of U.S.Constitution official or employee to enter upon private or public property to enforce the provisions of this chapter. 14 5-3-9.-Exemptions. A. Grant by City Clerk.The City Clerk shall grant exemptions from this chapter if it is determined by the OityQerk Fire Chief or Designee that_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _— Commented[EK15]:Fire Department is subject matter 1. A solid fuel heating appliance is the sole source of heat for the structure in which it is situated;or expert and health authority. 2. Using alternative heating would cause an unreasonable economic hardship. B. Denial of exemption;hearing.Any person denied an exemption under this chapter shall be provided, at the option of the applicant for the exemption,a hearing before the Mayor and City Council. C. Noneligibility for exemption. Any building constructed after the effective date hereof shall not be eligible for an exemption from this chapter. Page 18 15 -3-10.-Severability. — Commented[EK16]:DELETE—General severability,clause If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, in section 1-1-5;we don't need this one. 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. 16 -2-9.-Severability. Commented[EK17]:DELETE-General severability clause If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, in section 1-1-5;we don't need this one. 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. 17 6-4-1.-Curfew. A. Age and hour restrictions.It shall be unlawful for any person under the age of eighteen(18)years to be or to remain,and it shall be unlawful for any parent,guardian,or other person having the care and custody of any person under the age of eighteen(18)years to permit such person to be or to remain, in or upon any street,alley,public ground,public place or any place open to the public or exposed to public use within the corporate limits of the city between the hours of 12:00 midnight and 5:00 a.m. B. Exceptions. The provisions of subsection(A)of this section shall not apply to any person who is accompanied by his or her parents,guardian,or other adult person having the care and custody of him or her,nor to any person who is in the performance of any errand or duty directed by his or her parents, guardian,or other adult person having the care and custody of him or her,nor to any person who is actually at the time engaged in legitimate employment for profit, nor to any person who is engaged in activity protected by the First Amendment of the United States Constitution. Commented[EK18]:Necessary addition to comply with Nunez v.City of San Diego,114 F.3d 935(91h Cir.1997). vielating this seetion shall be deemed a j tivenile delinquent under the laws of the State of Idaho. —— Commented[EK19]:Outdated and unnecessary label. _ _ _ _ —e4hef-a"lt j2effieff4hm4ng"the_ _ _ _ Commented[EK20]:These provisions do not apply to eustedy of any pefsen under the age of eighteen(18)yeafs who shall violate the provisions of this parents/adults. C. Penalty. Penalties for a violation of this section shall be as set forth in LIdaho Code section 20-549. — , Faren.w ted[EK21]:City penalties for curfew violations reempted.Per Idaho Code,violation of city curfew 18 tion with a$150 fine;arrest prohibited. �4-2.-Cigarettes or tobacco possession;sales.L Commented[EK22]:DELETE—Covered by Idaho Code A. Purchase,possession prohibited. It shall be unlawful for any person under the age of eighteen(18) section 39-5703,which has a graduated penalty for years to buy,accept or have in his possession any cigarette,cigar or tobacco in any form,or to buy, purchase and possession of tobacco by a minor.Per Idaho accept or have in his possession any cigarette paper or other paper or wrapper intended for the Code section 39-5713,local ordinances regarding tobacco wrapping of tobacco into the form of a cigarette. sales are prohibited.Per Idaho Code section 39-5713,local ordinances regarding tobacco sales are prohibited. B. Selling or giving to minors prohibited.It shall be unlawful for any person to sell or give away,directly or indirectly,to any person under the age of eighteen(18)years any cigarette,cigar or tobacco in any form or to sell or give away,directly or indirectly,to any person under the age of eighteen(18)years any cigarette paper or other paper or wrapper intended for the wrapping of tobacco into the form of a cigarette.- Page 19 19 7-1-6.-Speed restrictions. No person shall drive a vehicle,except emergency vehicles,at a greater speed than designated as follows. A. Parks a a"ysAlle s. In an �^• lie..ark • alle ,fifteen 15 miles per hour. ��' Y Y � ) P � Commented[EK23]:Park speed limit is covered by "alley" shall fnean a minar publie!iivay providing seeendary aeeess at the baek or side of a propefty for Meridian City Code section 13-2-6(Q)(3). Commented[EK24]:Covered by/conflicts with Idaho Code section 49-102(10). B. City streets.On all other streets in Meridian,twenty-five(25)miles per hour,or as otherwise posted. 20 7-1-8.-U-turns. A. Restrictions. 1. No U-turn or turn reversing the direction of travel shall be made. IA♦ ...1 ieh"TAT..U Turn" .] a�=�'7�'=�=�c �'�T=ce=ec� — Commented[EK25]:Covered by Idaho Code section 49- T ae va« zone; r 801. a.E Within a"school zone"as defined by this Code;or Commented[EK26]:Covered by Idaho Code section 49- b.4- At any place other than at an intersection,unless there be sufficient space to make such 646 turn without backing or impeding traffic, and of not less than five hundred(500)feet of roadway with a clear and unobstructed view by drivers from either direction,a proper signal is made,and said turn can be performed safely. c. In a manner which impedes traffic. 2. For the purposes of this section "safely" shall mean that the party making the U-turn or turn reversing the direction of travel shall be responsible to establish that this maneuver can be made with due care to drivers and pedestrians at,adjacent to,or upon the roadway and with due care in regards to the current conditions of the roadway and driving conditions.14 shall be upAawful to 21 7-1-12.-Negligent driving. It shall be unlawful for any person to operate a motor vehicle the highways,stfeets er alleys of this eity.For the purpose ef this seetion,to"opefate in a ftegligeiit .e engaging in any...,.., vehiele speed� . �:.�,as::.�::: r:.:ono: . P eafltesE or exhil3i6en e€speed;and,e: B. c..,.,.,,siy u iiabi, _,...:a,,.,.,.T,.rati,.....f,.fnat.._..,.T.iele.a a i _I Commented[EK27]:Covered by Idaho Code section 49- 1424(1) where the operator has less than full control of the speed and direction of movement of the vehicle. The collision by a vehicle with any stationary object shall be prima facie evidence of a violation of this section. 22 $4-7.-Severability.L Commented[EK28]:DELETE-General severability clause If any provision,clause,sentence,or paragraph of this title or the application thereof to any person or in section 1-1-5;we don't need this one. circumstance 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 section of this chapter, which shall remain in full force and effect,and to this end,the provisions of this title are hereby declared to be severable. Page 20 23 8-2-12.-Validity.City Council duties. A. Illalidityefr-emaif�gper-tions.��uldattyseetion,—Aibwetionparagmphsefitenet,-,ela-useE)r—phr-ase Commented[EK29]:General severability clause in section 1-1-5;we don't need this one. PFOVisioffs of this ehaptef:. B. Failure ef Gemmission to . If in an instance the commission fails to act or carry out its responsibilities according to the regulations contained herein,the Council shall assume all the duties of the commission as herein specified in relation to the application concerned. 24 9-1-19.-Monthly rates. E. I ass-through charge to user.the United States Environmental Protection Agency_has required the Commented[EK30]: DELETE-We do charge this(and State of Idaho to test drinking water and the State of Idaho through the Department of Environmental other regulatory fees)but the amount is outdated and there Quality,has passed the cost of such testing down to local governmental and private water suppliers. is no reason to call out this particular regulatory fee since it The city must pass the cost of such testing to the water users. Therefore, each water user shall be is one of several others included in water rates.(Public charged a monthly water assessment of twenty-five cents ($0.25) until the Department of Works is OK with deletion.) Environmental Quality amends or retracts this testing charge. 25 0-1-23.-Authority to amend regulations. Commented[EK31]:DELETE—Language is covered by Nothing herein contained shall prohibit the Mayor and Council from amending,altering,or adding to the authority in Title 50;provision regarding retroactive provisions of this chapter in relation to the water supply or the rules of same which may be adopted in application of changed water rates is unnecessary and may conformity therewith.Provided,that no alteration in water rates shall apply to any charge upon,or cause unintended limitations. contract made with,an owner under this chapter until after the expiration of the time for which such charge was made or contract entered into.Hereafter when,and/or if,the Mayor and City Council deem it advisable to alter the water or installation rates or charges as in this chapter recorded,such changes shall be made by resolution. Page 21