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2012-05-16- . , -- ~. MayorTammy de Weerd City C®urscil Nt~rryb~rsa ~, Keith Bird Farad Hoaglun Charles Rountree David Zaremba NOTICE OF CANCELLATION OF THE REGULARY SCHEDULED MEETING OF THE MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the Meridian City Council for Tuesday, May 15, 2012 at 7:00 p.m. has been CANCELLED due to the Primary Elections If you have any questions, please contact the City Clerk's Office at 208-888 4433. Thank you. DATED this 11t" day of May, 2012. Meridian City Council Meeting Cancellation -May 15, 2012 All materials presented at the public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ d ~ I I. CITY OF NIERI®IAN CITY COUNCIL PRE-COUNCIL MEETING Tuesday, May 16, 2012 at 6:00 p.m. City Council Chambers 33 East Eroadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X David Zaremba Brad Hoaglun X Charlie Rountree X Keith Bird ® X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into xecutive Session at 6:01 .m. ut of Executive ession at 7:00 p.m. Adjourned at 7:00 p.m. Meridian City Council Pre-Council Meeting Agenda -May 16, 2012 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~~EAIr"~nr. Y l A\ CITY C®UNCIL T'IIV A N®~4 Wednesday, May 16, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird ® Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of April 3, 2012 City Council Joint Meeting B. Approve Minutes of May 1, 2012 City Council Regular Meeting C. Approval of Award of Bid and Agreement for "Sewer Manhole Retrofits FY12" to Pipeline Inspection Services for the Not-To- Exceed Amount of $54,899.00 ®. License Agreement Between the Meridian Cooperative Community Carden Club and the City of Meridian for Installation and Operation of a Community Carden E. Final Order for Approval: TEC 12-008 Browning Plaza by SLN Planning/Boise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat 6. Items Moved From Consent Agenda one Meridian City Council Meeting Agenda -Wednesday, May 16, 2012 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Department Reports A. Planning Department: Community Development Block Grant (CDBG) Pre-draft Prioritization for Program Year 2012 B. Public Works: Water Master Plan and Water Conservation Plan Adoption 8. Ordinances A. Ordinance No. 12-1514: ZOA 12-001 Unified Development Code (UDC) Text Amendment by City of Meridian Community Development Department Request: Amend Specific Sections of the UDC to Include General Clarifications/Clean-up Items; Specific Use Standards for V~ireless Communication Facilities; CPTED (Crime Prevention Through Environmental Design) Strategies, etc. proved 9. Future Meeting Topics journe at 7:46 p.m. Meridian City Council Meeting Agenda -Wednesday, May 16, 2012 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 16, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, May 16, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Lori Den Hartog, Kyle Radek, Jeff Lavey, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. It's 7:00 o'clock. Council, I will go ahead and call this meeting to order. For the record it is Wednesday, May 16th. It's 7:00 p.m. Madam Clerk, will you, please, call roll on the City Council Special Meeting. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will, please, join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church. De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, Pastor Steve. Moore: My honor. Thank you. Father in Heaven, we just said a mouth full, that we are one nation under God, and tonight by this very act our Council and our Mayor are I think making a statement that we are one city under you, God. Whether that's the intention or not, we are under you, God, and we so much take for granted -- I do -- the privileges I have in this country and in this city. Father, this is a time of the year when we are thinking about choosing leaders and reaffirming existing leaders and new ones. We pray for your direction. I pray for all those that are willing to put their lives open for public scrutiny. Bless them for that courage. God, for tonight's meeting especially we pray for you direction. We pray that what's done here will -- will glorify the truth of your presence in the world, that it will benefit the citizens of this city and, God, we ask a Meridian City Council May 16, 2012 Page 2 of 17 special blessing on these who lead us and serve us and I think it's more serve than it is lead and so we are grateful for them and for their sacrifice of time. Bless them and their families. The various agenda items tonight, God, give them wisdom in their decisions, in Jesus' name, amen. De Weerd: Thank you. Moore: Thank you. De Weerd: We appreciate you always coming and joining us. Moore: Honored. Very much. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is Adoption of the Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: One item to note under 8-A. That ordinance number is 12-1514 and I would adoption of the agenda as printed. Rountree: Second. De Weerd: Motion and second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of April 3, 2012 City Council Joint Meeting B. Approve Minutes of May 1, 2012 City Council Regular Meeting C. Approval of Award of Bid and Agreement for "Sewer Manhole Retrofits FY12" to Pipeline Inspection Services for the Not-1°o- Exceed Amount of $54,899.00 ®. License Agreement Between the Meridian Cooperative Community Garden Club and the City of Meridian for Installation and Operation of a Community Garden Meridian City Council May 16, 2012 Page 3 of 17 E. Final Order for Approval: TEC 12-008 Browning Plaza by SLN Planning/Boise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no questions, issues, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Planning Department: Community Development Block Grant (CDBG) Pre-draft Prioritization for Program Year 2012 De Weerd: We will move to Item 7 under Department Reports. 7-A. We have our Planning Department. Den Hartog: Thank you, Madam Mayor, Members of the Council. I am before you this evening at the initial stages of planning for our Community Development Block Grant for the -- oh, excuse me -- the 2012 annual action plan. I see I have it wrong on the first slide there. What I am presenting this evening is a summary of the applications that were submitted and the applications that were scored by our committee as they reviewed them, so this evening I would like to present those recommendations and look for feedback from you in terms of the amounts that committee has recommended and, then, I would be coming back to you in June with the draft of our action plan. Our Meridian City Council May 16, 2012 Page 4 of 17 estimated entitlement amount for this coming year is 256,727 dollars. As you know, our public services are capped at 15 percent of the allocation, which is 38,500. Administration is capped at 20 percent. However, this year staff is recommending an allocation of 18 percent for our administration. Looking back over our actual expenditures for the last several years we haven't been using the full 20 percent, so I think it's reasonable to assume that we will have plenty with that 46,000 for administration. So, eligible projects were invited to submit a full application after we hosted a workshop this past spring. Projects were ranked and scored by our internal CDBG scoring committee. They were scored on the goals and outcomes of the project, the need the project addressed and how the organization plans to carry out the project, the capacity of the organization and how the project did or did not meet the goals and objectives of the city's consolidated plan. Just a brief summary. As you know, we have been working on our updated consolidated plan, so the three strategies that we took into account when scoring these applications were -- one was affordable housing to improve access to housing opportunities for Meridian residents. The second was to support services and programs and projects for the city's low to moderate income residents, including persons with special needs and residents at risk of homelessness. And the third was economic opportunities -- to improve economic opportunities in the city's low to moderate income areas. So, for the public service applications we had two projects that submitted that qualify under that criteria. The two applications submitted their total funding request of just over 78,000. As I mentioned previously, we have available for that category just over 38,000. So, we recommended partial funding for both applications. The first was the Meridian Food Bank for hunger relief. They use the funds to purchase food that is, then, given to families in need in our community. We have recommended 26,500 in funding, which is about 2,000 more than we funded for the Food Bank last year. The second one is a new application and this was submitted by Open Lines Training, which is a local business here in downtown Meridian. They submitted for a senior job training and placement program. What they are looking to do is partner with the Meridian Senior Center and provide job refresher and job training opportunities for our seniors and help place them -- they are hoping in businesses in Meridian, but they could be -- it could be jobs throughout the valley, but their program would only be for seniors who are residents of Meridian, so it would benefit members of our community. So, this is a new one. We haven't done a job training program before, so this is something a little bit different. We are excited about the possibility of how this could work out. So, we are recommending 20,000 in funding for that project. The second set of applications qualified under nonpublic services -- under the nonpublic service category, we have four applications submitted for a total funding request of 300,000. We have available, after we take out public service administration, 172,000 dollars available for that. The scoring committee recommended funding three of the applications at varying funding levels. The first two are ones that are familiar to you, the down payment assistance programs through both Neighborhood Housing Services and Ada County Housing Authority. We have recommended the same amount of funding for both of those organizations. As you know, both of those organizations use the funds for qualified low to moderate income residents who are looking to purchase a home in Meridian. The homes can be purchased anywhere throughout the city and it can be someone moving into the area, but the homes are within the city, but it can be anywhere Meridian City Council May 16, 2012 Page 5 of 17 within the city. The second -- or, excuse me, the third application -- I will skip down to the fourth one first. The third one that we recommended for funding was submitted by our Parks and Recreation Department. They submitted for an A.D.A. accessible restroom in 8th Street Park. It's our only park facility that does not have a restroom and the Parks Department has said they believe that the usage is down in that park because there are no restroom facilities. You may be familiar over the last couple years we used some of our stimulus funds to do a pathway connection to that park across -- I believe it was Five Mile Creek -- across Five Mile Creek. So, there is connections to that park, so they think the restroom facility would be an enhancement to that -- to that park. And the Parks Department has stated it's come up as a priority for them, but it's not in their capital improvement plan for the next ten year horizon. So, that project was 130,000 for design and construction. The last application that fell under this nonpublic service category was submitted by our urban renewal agency by the Meridian Development Corporation for the construction of the historic lighting along phase two of the Meridian Road split corridor. They submitted a funding request of 100,00 dollars. The total project cost looks like it will be about 450,000. This one the scoring committee was very supportive of the application, but there is some complicating factors and I'll explain that. We had -- we have funded the design through our grant for this project, so it's really important that we see this project constructed and completed. As you know we can't -- we don't get credit through the U.S. Department of Housing and Urban Development for expenditures of those funds until the project is constructed and completed. However, for cost saving purposes, MDC is looking at having the lighting bid with the entire roadway project. If that happens and if we funded a portion of that lighting project with the grant, the requirements to Davis Bacon wages opens up to the entire roadway project, which would be astronomical. Usually you assume a 20 to 30 percent increase in your wage costs and when we found that out we were so disappointed. We thought we could look at just the lighting component of it. We knew that we were going to have to pay Davis Bacon if we paid a portion of the lighting project with the grant funds, but when we found that it would be -- it would open up the entire roadway project and no other federal dollars are being used for this project, we think we would lose the cost savings from having it bid with the roadway project, in addition to increasing it for ACRD and all other things. So, we support the project, we want to see the project completed, but we don't believe the grant funds are an appropriate use at this time. So, we were really disappointed to find that out. We talked with MDC last week and we talked with the project manager at ACRD and he confirmed that they have no other federal dollars. So, by throwing -- if we contributed any amount to the lighting project it would -- it really just throws a wrench into everything. So, we really -- as much as we supported the project, that's the reasons why we didn't recommend funding it for this year. And with that I will stand for any questions. And I'm open to -- you know, if you have other ideas about the funding amounts or questions about the project, I'm happy to answer any questions that you may have. De Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor? Meridian City Council May 16, 2012 Page 6 of 17 De Weerd: Mr. Hoaglun. Hoaglun: Lori, if we can go back to the one slide on the senior training. Den Hartog: Yes. Hoaglun: Can you refresh my memory -- I know you have gone over it before, but, you know, this is a new applicant and they -- you know, recommending 12,000 dollars if we do that. There is a process that you will go back later on to make sure that funds were spent appropriately. Can you kind of go through that again for me? Den Hartog: So, with this application they had originally submitted a request for 40,000 dollars, as you can see. They had estimated a goal of placing five to ten seniors a month for the year for the amount. So, we are looking at about a quarter of that for the amount that we are spending here. What we do is -- this company will have to -- more than likely it would be one or two staff that will be involved with this particular project. They will have to track their time and submit that to the city, so they will have their expenses and, then, submit for reimbursement. We review all of those expenses and all of their tracking and we are going to be looking for what types of goals they are able to reach, if they are able to place the seniors. So, one of the things our committee was really interested in seeing was actual results and how many seniors that there are able to place and that was one of the reasons we did substantially less than what they had requested. We thought we could give it a try and I talked with Becky McKinstry, she's the owner of Open Lines Training who had submitted the application, and talked with her about, you know, can you still accomplish some things with this amount, you know, with this funding level and she thought that that was possible. She said they might restructure it a little bit to do possibly some more group trainings, as opposed to one on one's that they might have done had the funding been at a higher level. So, we are interested in seeing what they can get done for this amount and that will be something that I'll report back to Council on at the end of the year and see what that looks like and anytime they submit for reimbursement we will be looking for those -- for those targets at that time. So, it will be typically on a monthly basis. Hoaglun: Okay. Great. Thank you, Lori. De Weerd: Any other questions from Council? Bird: I have none. De Weerd: Having no further questions, Council, this is just apre-draft -- Den Hartog: Yes. There is no motion needed and I will take your comments or thoughts if you have them, but, otherwise, I will be back in June with something -- with the action plan that has this information in it as well. De Weerd: For public comment -- Meridian City Council May 16, 2012 Page 7 of 17 Den Hartog: Yes. And that will open the public comment period. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say go forward the direction you're already going. That sounds right to me. Den Hartog: Okay. De Weerd: Okay. Thank you, Lori. Den Hartog: All right. Thank you. B. Public Works: Water Master Plan and Water Conservation Plan Adoption De Weerd: Okay. Item 7-B is under our Public Works Department, so I will turn this over to Kyle. Radek: Madam Mayor, Council Members, tonight the engineering division of the Public Works Department brings the water master plan and conservation plan before you for either adoption or if you prefer to table the adoption, we can -- we can wait another couple weeks if you haven't had enough chance to look at the water master I believe we provided to you about -- with executive summary about three weeks ago and gave you a link to the main document. In any case, I'm going to have our consultant from Murray Smith and Associates David Stangel, who is the project manager for the water master plan. I'm going to have him give you a presentation and, then, we will stand for questions and just from my perspective when I first joined the city in 2006 we were just completing our last water master plan and Dave Spangle was also project manager on that from a different company at the time. Just a few things that are markedly different about this master plan from the one that was finished in 2006. The development of an entirely new water model was done with this master plan. Up until this spring we had been operating on a -- on a platform we liked to call Gradynet and you may recognize that name. It worked very well. Len Grady actually developed that -- the database that runs that water model by himself. Phenomenal. But when -- when things break there is no Gradynet, Incorporated, to call. So, we had MSA develop a new water model for us in InfoWater, which is supported by MWH. We did an operations and maintenance review this time, we did a financial review, we looked at population and demand projections beyond DEQ requirements and, of course, as you know the development of a water conservation plan in parallel was also included and we have presented that to you a couple times. So, with that I'm going to let David come up and give you a briefing on the master plan, what it was about and what it entails, then, I will come back up and we will stand for some questions. Meridian City Council May 16, 2012 Page 8 of 17 Stangel: Thanks, Kyle. Madam Mayor, Council Members, thank you for the opportunity to come and present this tonight. As Kyle mentioned, this is actually the third water master plan I have worked on for the City of Meridian, so -- the second one with Kyle. And I have to say I really enjoy working with the city Public Works staff, and in particular Kyle. He's a -- De Weerd: He's kind of entertaining, isn't he? Stangel: He's a good guy and he's one of these people that tells it just like it is and I really appreciate that as a consultant. So, I appreciate that. I also understand there is some incentive for me to wrap things up relatively quickly tonight, so I am open to questions, but -- so interrupt me as things go on, but I will try to be relatively quick in this outline. So, we have about 20 slides to go through. So, from an outline standpoint we have our master plan sections we will go over briefly. Kyle mentioned several of those already. We will have the summary to go through. Kyle will come back up and talk a little bit about the master -- or the -- excuse me -- the conservation plan adoption and, then, we will open it up to any general questions. But don't let that stop you from asking now. So, plan sections, description system, obviously, is some of the basic contexts. Population demand. Forecasting obviously very important. Kyle alluded to we did some water supply planning, a little bit more comprehensive this time than we had in the past. We looked beyond 20 years. We did a systems analysis, which really focuses on using that hydraulic model to identify hydraulic deficiencies in the system. We looked at water quality and the associated regulations that the city needs to meet. We looked at operations and maintenance, ultimately developing a capital improvement plan and also completing a financial review of that -- of the finances compared to the capital improvement plan. So, the existing system -- this is, obviously, no news to most of you. Four current pressure zones, five -- a sixth one planned here in the near future. The city has over 400 miles of pipe. About 20 wells currently in operation, 4,400 hydrants, so a pretty large system. Most of the -- most of the piping is eight and 12 inch. As you can see it's a nice grid which provides the city a lot of flexibility in terms of being able to move water in a lot of directions and that's great from -- particularly from a redundancy and emergency firefighting perspective. So, population projections. So, we used COMPASS information for this and this is a community planning association here that focuses on southwest Idaho. And what they do is they break up these projections on traffic analysis and these are kind of smaller polygons, then, that allow us to look at certain areas and identify how much growth is projected there over the next 20 years and beyond. So, for zero to 20 years we wanted to look at an area-by-area projection in terms of how much growth is going to occur in certain parts of the system, so, then, we could apply that growth rate directly to the hydraulic model and analyze things from a much more specific perspective. Beyond 20 years we are more interested in a long- term supply standpoint, how much water could the city need in 50 years say and so looking at it from an overall perspective. As Kyle mentioned, DEQ only requires a 20 year evaluation of the system, with a lot of emphasis put on the next five years in terms of what capital improvements is the city going to be making. The service area projections. This is always a challenging one in that you have to identify what your Meridian City Council May 16, 2012 Page 9 of 17 service area is going to be, so that COMPASS will provide growth for, you know, these sub areas within the system, but you have to tell it where can we serve and so what we see here in red is, basically, the city's existing service area. What we see in green, then, is what we -- we sat down with the planning group at the city and said where do we anticipate growing over the next ten years and so you see the green boundary there kind of expands from where the red -- red is and grows out there. But there is no -- you know, this is one of those soft science areas in terms of a little bit of art and a little bit of science in terms where these are going to grow. No one exactly has the crystal ball dialed in. 2030, then, with the blue boundary and, then, out to the ultimate impact area there that you see the ultimate extent of the system. So, what does this mean in terms of population? So, right now the city has a service population somewhere between 65 and 70 thousand. Now, why that isn't exact is because there are people within the city who don't use city water and so there is -- there is some variation in that. Based on the COMPASS projections by 2020 the city could see as many as 100,000 plus people, once again, depending on what growth rates do. 2030, maybe 140. By build out -- and this number was the interesting one -- if everybody within the city's impact area used city water and it developed to the ultimate density that is applied to the land use planning, you could see upwards of 300,000 people, which -- you know, that's a big number and associated with that, of course, then, there is big water usage requirements. So, historic water use. So, this provides some graphic basically between 2000 and 2010 and what you see there with the blue dots is population growth and so no surprise big increase up until about 2007 when things kind of flatten off. What we see with the red dots, then, is average day demands, from an average yearly perspective how much water is being used and so you see that kind of peaking in 2007 and flattening off, then, after that. Now, the critical number from a supply standpoint is max day demand. That's what the city has to be able to supply from their wells and so that's the number to focus on. So, if you look at that, that, once again, that kind of peaked up in about 2007 and then -- and, then, trailed off a little bit from that at about 20 million gallons a day. So, that's in context. So, the other interesting part, then, is looking at per capita water use. How much water is used by each individual person in the city. So, once again, the same time frame we are looking at here, same blue dots describing the population curve. Now, what we see, though, in the red is decreasing per capita water use over that period. So, substantial amount. So, in 1998 or 2000, you know, you're up above 200 gallons per capita per day. In 2010 you're down in the 130 range. Now, what's that attributed to? A lot of it's attributed to new development being required to use non-potable irrigation. So, new customers come on board, they use the canal water to water their lawn and things during the summer. The other thing I think we would attribute is just people's awareness and conservation and also the economic impact of paying their bills every month. So, watching that. So, the question is, though, how far down does that per capita water usage go? Can it go much lower than it is now or -- there is some diminishing return once the vast majority of the city's residents get on non-potable irrigation. So, that becomes a question of what do we use for projection purposes for that per capita number. So, from a master planning standpoint we want to be relatively conservative and here we have a map of where we have identified where people have non-potable irrigation options and that you see that area in green. Now, where we have got potable irrigation or a cluster of customers that don't, what you see Meridian City Council May 16, 2012 Page 10 of 17 there in blue, which is not surprising, kind of some of the older parts of town and those types of things. But it was an interesting graphic and before this master plan the city really hadn't had a tool to identify that, because that doesn't show up on water bills or anything else. What we did is we took the water usage record and identify huge discrepancies, then, between winter water use and summer water use and where you saw a big difference, then, you assume that -- you know, that you have potable or non- potable irrigation. So, some interesting information there. One of the other things we did look at in association with this was what would the water savings to the city be if you spent the money to convert those customers to non-potable and it ends up being very expensive to retrofit non-potable irrigation systems, but it was an interesting evaluation. So, the system wide average we had 130 gallons per capita per day. Areas using potable irrigation averaged 215 gallons per day, those on city water to irrigate their lawn, and those with non-potable average 110. So, what we wanted to do from a master planning standpoint was be relatively conservative and use the 130 for projecting forward. Say we are not going to drop any more than that. Now, the city has updated their plans every five years and so, once again, we have the ability, then, to ratchet that down to see the trend. So, then, this is a summary coming back to the earlier population projections and associating that, then, with water usage and so as we discussed right now we are in the 20 to 25 range from a max day perspective. You can see as you get towards 2030 or 2060 large amount of additional water required. Once again it may not be this much if the per capita numbers keep coming down, but, regardless, it's a lot of water in the future. So, water supply plans, as Kyle mentioned, one of the things we wanted to do was take a little bit of a bigger step back and look at this from a bigger picture standpoint. One of the things the city has been doing historically is, basically, serving peak hour demand or their maximum instantaneous demand from their wells. That means that the maximum demand ever occurring with the system, they can turn a well on and supply that. Most systems do not do that. Most systems provide max day demand and serve that differential from reservoirs. And so right now the city has the flexibility to do it. In the future what the implication is there is a lot more wells required and so the city would like to move towards a serving max day demand from wells serving that differential from reservoirs into the future, that will ultimately save money and get at some water supply water rights issues that we will talk about as well. Bottom line right now, though, the city's well positioned to meet future demands both from a water right standpoint, as well as a pumping capacity standpoint. The city has over 50 million gallons a day of pumping capacity, so a max day there at about 25. So, that's great. The city is continuing to actually evaluate long term water supply options and the city was involved with the Treasure Valley Camp, which was, you know, an initial effort to try to get everybody to come together and talk about what can we do to insure everyone has enough water in the future. I think that was a good first step. Hopefully we get some concrete movement out of that. So, system analysis -- Kyle mentioned we updated and calibrated the hydraulic models as part of this. What we do with that model is we basically use it to evaluate the hydraulics under existing and future conditions, make sure that we can provide fire flows and make sure that everyone has adequate pressures under peak demand conditions. From a result standpoint, the system is adequately sized, lots of capacities, no significant issues there, just very localized fire flow issues where we have larger fire flow requirements. Meridian City Council May 16, 2012 Page 11 of 17 One of the things the city is starting now is a long term main replacement program. So, one of the things we have identified as part of this was making sure that some of the undersized piping that was installed early in the city's history gets identified early for replacement. From a water quality standpoint the city is in great shape there as well. You do have isolated issues of uranium and as Kyle informed you or talked more about last Council meeting, there are higher iron and manganese in some of the well, causing some brown water issues. Not a health concern, but an esthetic issue. The uranium issues have been mitigated by drilling -- drilling wells to different aquifers -- basically tapping into cleaner water sources at different depths. And where that hasn't been mitigated yet, basically using those wells under emergency conditions only. Fire flow and things like that. The iron and manganese issues are being addressed as you heard about last week. Operation maintenance. The city meets all operation certifications. There really are no reoccurring O and M issues the city's dealing with. The city -- a major project that they are working on is implementation of a new maintenance management system, which will be integrated with GIS, which also can then be integrated with the hydraulic model. Basically bring all those data sources together to be on a common platform, which is really a good thing. There are planned upgrades in the city's customer metering system as well in the next couple of years. The one thing that came out in the O and M evaluation was really just an emphasis on documentation. The city's doing all the right things. However, they would like to have some more formal documentation on some of those procedures. So, what comes out of this? Ultimately it's that capital improvement plan. And so what you end up with from a basic perspective is you end up with a table with information and a corresponding map and this is an excerpt, then, from the master plan focused on some of the facilities and you can see here the top two are focused on PRV improvements to zone one. We have an inner tie with a reservoir and booster station that you're aware of. Some wells that will occur over the next 20 years and some treatment. If you zoom in a little bit, then, what you end up seeing are specific projects called out. Specific feet of pipe and what that diameter of pipe needs to be. So, here you see red piping that's been identified for the next five years. You see some purple and blue piping that's been identified for replacement over the longer and the city will be able to, then, start prioritizing that as they get into their long term pipeline replacement program. So, the capital improvement plan from a summary standpoint is about 11 million dollars worth of improvements identified over the next ten years. Or five years. Excuse me. The major projects there being the reservoir and booster station that the city has been evaluating. Treating the iron and manganese and this small main replacement project or program that will be basically putting dollars into replacement every year on an ongoing basis. Between now and 2030, based on the current projection, you will need approximately three wells to maintain the current buffer that the city has from a supply standpoint. One of the major recommendations that came out of the planning effort and this I think comes back a little bit to the -- the conversations that were had around the reservoir siting is acquire well and reservoir sites now for future. Tie those up, making sure that everyone knows when and where those are going to occur in the future, because you can't be far enough ahead of -- of those issues. Long term. Ultimately the city has identified about 43 million dollars worth of pipe replacements. Now, that likely will not occur -- it will probably be over 50 plus years. The other thing the city needs to identify really -- and Meridian City Council May 16, 2012 Page 12 of 17 this is something that doesn't -- you can't take it out of a textbook -- is what is a pipeline life span in the City of Meridian. Is it seventy-five years? Is it a hundred years? Is it more than a hundred years? And that varies a lot by the ..quality of your water and the soil -- the crusivity of soils and things like that. So, as the city continues to replace some of these undersized pipes they will be able to assess the condition of those mains and start coming up with a more definitive long-term plan in terms of what -- what that life span should be. So, as noted, financial review was conducted and this, basically, looks at, you know, the city's rate and connection charges compared to what you need to spend over the next five years at a minimum from a capital improvement standpoint. Bottom line there is the city has adequate reserves to pay for those improvements and maintain a positive fund balance. In fact, there will be no degradation of that fund balance with the current improvements and rate structure in place. So, that's great news. So, from a summary standpoint continue to be proactive. I mean that's just one of those things that I really commend the City of Meridian on. I'm a lucky individual in that I get to focus on a specific type of engineering. I do water master planning, collection system planning, and that is it. And so I do this work all over the region and have done over 75 of these type of projects in my career. The City of Meridian is in the top two percent of those. You guys are doing a great job. You are proactive and particularly right now to be in the financial position you are it's pretty amazing. So, I commend you on that. So, continue to be proactive, both from a financial standpoint, as well as looking at this pipe replacement program. That's something else that most utilities are just talking about at this point, have not started implementing. That's really important and good. The long term water supply planning is another one. I think that we all can agree that 50 years from now water is going to be a much more precious and costly commodity in the valley and the more we can do to make sure we are in front of that the better. Kyle took the initiative in parallel with this planning effort to get the conservation plan off the ground. First one they have done here. No other utility in the states that I'm aware of really has one at this point and, once again, not required by DEQ, so leading the charge there as well. You have done a great job updating your planning document every five plus or minus years and this, you know, is really from a number of perspectives important. Changing water quality both from a quantity and quality standpoint. Changing regulations. And, then, changing populations growth is probably the most important one for the City of Meridian in that you have seen some wild swings in terms of population growth. And -- well, I guess kind of rechecking where you're at every five years I think is critically important. That's my portion. Kyle is going to come back up and -- sneak up on me -- and talk about the conservation plan real quick. Radek: Yeah. Just real briefly, Madam Mayor and Council Members, just kind of a reminder of where we have been with the conservation plan. I believe you have taken a look at it a couple times and it was about the end of December, beginning of January where I said I think we are ready to go, but I'm going to bring this back when we get the water master plan done and I will try to get them both adopted at the same time. Just a brief recap. We had that working group -- the working group made some good recommendations on -- on proposed conservation actions to take and there is not a lot in there that says you have to go do this, you have to go spend this money now. You Meridian City Council May 16, 2012 Page 13 of 17 have to, you know, give away shower heads and give, you know, rebates for washing machines and things like that. It's very conservative. It's very -- I guess the word I'm looking for is incremental in order to try to get a conservation atmosphere in the city established over the course of years. I do have one of my working group members here. One of the faithful. I don't know if you remember Andy Roman from my last presentation, but if I had to I could call him up here and he would have to say, you know, great things about me, but you don't need -- you don't need to hear that again. You probably don't need to hear that again. So, unless he's got some specific things to say, he's probably just here to see what happens. But with that let's go to the next slide and we will go ahead and wrap up and we would be happy to stand for any questions you have general or about -- more specific about the master plan and conservation plan and, as I said at the beginning, our hope is to get the plan adopted. Alternatively you could choose to adopt one or the other or wait two weeks for both and I could bring it back. De Weerd: Thank you, Kyle. And thank you, David. Any questions for either? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It's wonderful to hear that we are in good shape and apparently going the right direction. I really appreciate the work that's been done on this and the study. have kind of an off-the-wall question that just occurred to me and things like that happen once in awhile. I don't know whether this is legal or not, but if we have sufficient water rights and the ability to produce it, would we be able to sell water to other outside entities that are struggling and not doing as well as we are? I mean that's not part of the plan now, but if we look far enough ahead is that legal or possible or -- Radek: Council Member Zaremba, Madam Mayor, I don't think that municipalities are allowed to do that. I'm not sure. Stangel: The challenge is your water rights are typically tied to a service area boundary and so you run into some challenges once you go beyond that. Zaremba: All right. Thank you. De Weerd: Any other questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, on the -- on the wells -- De Weerd: Mr. Bird, will you pull your mike -- Meridian City Council May 16, 2012 Page 14 of 17 Bird: Oh. I'm sorry. Kyle, on the wells we got 20 of them in service now. Do we have any backups that are -- that are not online all the time in case one goes down or something? Do we have any that are workable, but not online? Radek: Councilman Bird, good question. That number 20, that includes, for example, Well 23, which is considered an active well, but is in backup status. Bird: Okay. Radek: So, it's sitting there waiting for something bad to happen, so that it can turn on. But we have not had to turn that well on in several years. Thankfully so, because if we do we have to tell everybody that we, you know, put uranium into the system above the NCL and we really don't want to tell them that. Bird: And -- follow-up, Mayor, if I may. Reservoirs. I know we got a pond we are looking at in one area. How many more reservoirs within the next is 20 years do you think we will need to -- if our population continues as is? Radek: Councilman Bird, I'm going to try to answer that and, then, I'm going to defer to David, because I know this is something he specifically addressed and we have a need for a reservoir that we are currently looking at and the analysis was done in the master plan of how we meet our demands, reservoirs versus wells, and reservoirs and going the all well scenario is still a possibility. It's not something we want to do because of the cost. Ultimately I think it was I think 2030 we end up with a zone two issue if we don't put some storage out there, see kind of size -- two million gallon type and in -- in my mind I think the ultimate build out -- I think you're probably looking at something in neighborhood of four to five reservoirs of the type that we have -- type and size that we have seen. I'm not sure if that's in the ballpark you're thinking of, Dave. Stangel: Yeah. Ultimately I think we could get away with one less than that. But it's probably in that three to five range ultimately and, once again, we throw out some big water usage numbers there and we will have to see how that actually develops over the next 20 years. But, really, this initial reservoir required in the relatively near term -- and that really gets you good about 20 years. So, in that 20 -- towards the end of that 20 years time frame you will need to be thinking about another one for sure. Once again, that's all based on current projections, so we will see what happens. Bird: Thank you. De Weerd: Any other questions or comments? Well, thank you very much. Radek: Madam Mayor and Councilmen, thank you for your time. Meridian City Council May 16, 2012 Page 15 of 17 De Weerd: As Kyle did ask what you would like to do at this point, would you like to set it out on a future agenda? Would you like to consider action this evening? What is your desire? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: David, what do you -- are you guys ready to go forward? What do we need, a resolution or an ordinance? Rountree: Just adopt it. Bird: Just adopt the plan. Nary: Madam Mayor, Members of the Council, a resolution is a good tracking mechanism. If you -- if it's important for Public Works to pass it tonight, we can bring a resolution next week to simply ratify that or if it can wait a week we can put it on next week with a resolution and that way there is a better tracking tool with it. Bird: Madam Mayor, I -- I read the executive summary, but I haven't read all 46 pages of the rest, but -- and I have no problem with the executive summary. I think it's something that we do need you to adopt in a resolution so that we do have a way of tracking it or future councils. Hoaglun: And, Madam Mayor, wouldn't we also need the conservation plan as well? Bird: Yeah. Hoaglun: And probably do it at the same time, if that works. De Weerd: Okay. So, we will set this to the next agenda on the 22nd. Can everything be put together by then? Nary: Yes. De Weerd: Okay. Very good. Rountree: And that's for a resolution? Nary: Yes. Rountree: Okay. Zaremba: And, Madam Mayor, I was just going to add, I've had the opportunity to have some further discussions on these topics as well and I think it's ready to go and as has Meridian City Council May 16, 2012 Page 16 of 17 been stated it's something that's going to be relooked at every once in awhile as it develops and the world changes, so I think this is an excellent direction to go and formal adoption next week would be a good thing. De Weerd: So, staff, any further comment from Council needed? Radek: Madam Mayor, thank you. Item 8: Ordinances A. Ordinance No. 12-1514: ZOA 12-001 Unified Development Code (UDC) Text Amendment by City of IVleridian Community Development Department Request: Amend Specific Sections of the UDC to Include General Clarifications/Clean-up Items; Specific Use Standards for Wireless Communication Facilities; CPTED (Crime Prevention Through Environmental Design) Strategies, etc. De Weerd: Okay. Very good. Item No. 8-A is Ordinance 12-1514. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1514, an ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. There is anyone that would like it heard in its entirety? Okay. City Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1514 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Ordinance under 8-A. If there is not discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council May 16, 2012 Page 17 of 17 Item 9: Future Meeting 1°opics De Weerd: Council, we are at Item No. 9, future meeting topics that you would like considered for future agendas. Bird: I have none. De Weerd: Okay. I do know that Peggy is looking for people who wish to be registered for the Association of Idaho Cities conference next month. If you can, please, let us know we would greatly appreciate it. I think, Councilman Zaremba, we have heard from you. Zaremba: I said yes already. De Weerd: Okay. Thank you. With that said, I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:46 P.M. ~ ~ City of DIANA JAYCEE LMAN, CITY CLERK ., ~DAH® °'~ SEAI. Fy v ~R rFd°~~de TREAB~@~ ri in ity ncil tin __T :May 16, 2012 I : A J T ITEM TITLE: Consent Agenda Approve minutes of April 3, 2012 City Council Joint Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS r® ian ity urrcil a ®n °f :May 16, 2012 I lJ J T ITEM TITLE: Consent Agenda Approve minutes of May 1, 2012 City Council meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO SENT TO I SENT TO I NOTES ( INITIALS STAFF AGENCY APPLICANT ri i n it unil a tin : Mav 16, 2012 I1' J 1' U 5C ITEM TITLE: Consent ~4genda Approval of Award of Bid and Agreement for "Sewer Manhole Retrofits FY12" to Pipeline Inspection Services for the Not-To-Exceed Amount of $54,899.00 DATE: (E_MSTAFF TO AGENCY I APPLICANT NOTES INITIALS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES r (SEWER MANHOLE RETROFITS FY12) PROJECT # ~ 0348 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this Z3+"~day of 14P~~ ~ , 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline Inspection Services ,hereinafter referred to as "CONTRACTOR", whose business address is 4423 E Victory Rd Nampa ID 83687 and whose Public Works Contractor License # is C-15828. INTRODUCTION Whereas, the City has a need for services involving Sewer Manhole Retrofits FY12; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. SEWER MANHOLE RETROFIT FY12 page 1 of 11 Project 10348 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $54,899.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. SEWER MANHOLE RETROFIT FY12 page 2 of 11 Project 10348 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2012 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of two hundred fifty dollars ($250.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its SEWER MANHOLE RETROFIT FY12 page 3 of 11 Project 10348 property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except.as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, SEWER MANHOLE RETROFIT FY12 page 4 of 11 Project 10348 or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically a rees that it will maintain throughout the term of this Agreement liabili~ Insurance In which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. SEWER MANHOLE RETROFIT FY12 page 5 of 11 Project 10348 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRACTOR Pipeline Inspection Services Attn: Scott Wendling 4423 E. Victory Rd Nampa, ID 83687 Phone: 208-941-9434 Email: pipelineinspections@hotmail.com Idaho Public Works License # C-15828 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. SEWER MANHOLE RETROFIT FY12 page 6 of 11 Project 10348 11. 'Time is of the Essence: The parties hereto acknowledge and agree that ~ time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior, express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of INaterial: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. SEWER MANHOLE RETROFIT FY12 page 7 of 11 Project 10348 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. 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. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring SEWER MANHOLE RETROFIT FY12 page 8 of 11 Project 10348 such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by. the City of Meridian. CITY OF MERIDIAN BY:_ TAMMY de W ;MAYOR Dated: ~' ~~i ° /oZ Dated: 7 ' ~ '~ Z-- Approved by Council: l 3GO44D4ptCED A(/GVsT jf9 Attes : ~ l ~ LJ n .. ary or 1 e• EE LC~ HOLMAN, CITY C ioAeo ~ $~.I. Purchasing A proval ~~jd4'~r1eTxE~g°~`~~~p r BY: KEI WATTS, urchasing Manager SEWER MANHOLE RETROFIT FY12 Project 10348 BY: ~..i W E STE ART, Engineering Manager page 9 of 11 Attachment A SCOPE OF WORK TO INVITATION TO BID W-12-10348 ALL ADD US, HNTS, AND XHI ITS included in the Invitation to id Package PW-12-10348, are by this reference made a part hereof. SEWER MANHOLE RETROFIT FY12 page 10 of 11 Project 10348 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $55,899.00 PRISING SCH~®ULE - Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SEWER MANHOLE RETROFIT FY12 PROJECT, per IFB PW-12-10348. Total Bid Schedule ...................$54,899.00 CONTRACT TOTAL ....................... $~4.899.QQ Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. SEWER MANHOLE RETROFIT FY12 page 11 of 11 Project 10348 ri i iy unil ®r- o May 16, 2012 I U J 1' U ITEM TITLE: Consent Agenda License Agreement Between the Meridian Cooperative Community Garden Club and the City of Meridian for Installation and Operation of a Community Garden DATE: I E-MSTAFF TO I AGENCY APPLICANT NOTES INITIALS LICENSE AGREEMENT FOR INSTALLATION AND OPERATION OF COMMUNITY GARDEN This LICENSE AGREEMENT FOR iNSTALLATIN AND OPERATION OF COMMUNITY GARDEN is made and entered into this ~ ay of May, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Cooperative Community Garden Club, an informally organized organization whose address is 2183 E. Clarene, Meridian, Idaho ("Licensee"). WHEREAS, the Julius M. Kleiner Memorial Park Trust is developing a park on the northeast corner of Fairview and Eagle Roads, in Meridian, Idaho, identified as Ada County Parcel no. 51104336005, which park is to be named Julius M. Kleiner Memorial Park (hereinafter "Park") and to be donated by the Trust to the City of Meridian; WHEREAS, the respective governing bodies of City and Licensee are mutually interested in enhancing the Meridian community's quality of life by providing and supporting community gardening activities and benefits, including educational programming and cultivation of produce for local food banks; WHEREAS, City wishes to program approximately one half-acre of ground on the eastern edge of Park as a community garden (hereinafter "Community Garden"); WHEREAS, at its March 14, 2012 meeting, the Meridian Parks and Recreation Commission recommended that City enter into an agreement with Licensee for management and oversight services related to the Community Garden; and WHEREAS, City wishes to establish, and to memorialize herein, the respective rights and responsibilities of City and Licensee with regard to the Community Garden; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Licensee agree as follows: I. License granted. Upon City's acceptance of ownership of Park, City shall, for value received from Licensee for services related to management and oversight of the Community Garden, the receipt of which is hereby acknowledged, and other good and valuable consideration, grant to Licensee anon-exclusive license to utilize, maintain, and oversee Community Garden for the purposes, in the manner, subject to the limitations, and pursuant to the terms and conditions set forth in this Agreement. II. Use of Community Garden. Licensee's use and occupancy of the Community Garden shall be limited to gardening or small-scale crop farming operations by Licensee and/or its members, for the purposes, under the terms of membership, and in accordance with the provisions of the "Meridian Cooperative Garden Club Bylaws," attached hereto as Exhibit A. LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 1 OF 9 Licensee's use and occupancy shall not include the presence of livestock or animals; nor shall it include Licensee's participation in government or other agricultural programs or grants; nor shall it include, except as expressly specified herein, any rights to minerals, water, oil, or other extractable product. Licensee shall not use or permit the use of the Community Garden for any purpose other than gardening or small-scale crop farming without the express written consent of City. III.Term of license. The term of this license shall be from the Effective Date through 11:59 p.m. on December 31, 2013, unless earlier terminated by either party by the method established herein. This license shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other at least thirty (30) days before the expiration of the initial license term or any renewed term thereof. IV. Rights and responsibilities of Licensee. With regard to Licensee's use and occupancy of the Community Garden under this Agreement, Licensee shall be responsible for, and entitled to, each and all of the following rights and responsibilities. A. Produce. Licensee shall donate a substantial portion of all produce grown at Community Garden to the Meridian Food Bank. B. Equipment; shed. Licensee may transport to, and store at Park, tools and equipment, including a shed as approved by the Director of the Meridian Parks and Recreation Department ("Director") or his designee. City shall allow .the placement of such shed in Park, at a site selected by City in its sole discretion. Licensee shall secure the shed so as to prevent criminal or destructive conduct in or to same. Licensee shall be solely responsible for any theft, vandalism, unlawful entry, arson, or other damages incurred to the shed due to a breach of security. Licensee shall maintain the shed in a safe and sanitary manner and shall repair immediately any unsafe, insanitary, or unsightly conditions caused by the shed or items or materials stored therein. Licensee shall provide a key to City for purposes of accessing the shed. In and for the purpose of maintaining the Community Garden, both City and Licensee may access the shed and utilize the donated and other tools and equipment stored therein. C. Equipment. Except as otherwise established in this Agreement, any property and/or equipment purchased or used by Licensee in Licensee's use and occupancy of the Community Garden under this Agreement, shall remain the property of the Licensee. D. Storage. Licensee may store property and/or equipment in the shed at the Community Garden for the term of this Agreement, so long as such storage complies with all applicable laws, regulations, and policies. Licensee shall move or remove any such property and/or equipment within twenty-four (24) hours of City's request to do so. Licensee shall be solely responsible for any personal property and equipment stored or used by Licensee upon the Community Garden. Licensee shall not store any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon Community Garden without prior written notice to City. Said notice shall identify the substance to be used and the manner in which the substance is to be stored. City may LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 2 OF 9 refuse to consent to such storage of toxic substances. Licensee's failure to comply with such a decision shall constitute a default by Licensee. Licensee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense, including but without limitation, attorney's fees, resulting from hazardous or toxic substances stored in Park by Licensee. City shall have the right to conduct inspections to determine if Licensee is properly storing chemicals or other hazardous substances. E. Irrigation. Licensee shall be responsible for irrigating the Community Garden. City may require an increase or decrease of water usage or application in Community Garden as maybe necessary or reasonable under the circumstances. F. Weed and pest control. During the growing season (approximately mid-April through mid-October), Licensee shall be responsible for weed and pest control within the planting area of Community Garden. City shall be responsible for weed and pest control throughout the remainder of Park and during the non-growing season (approximately mid-October through mid-April). Licensee shall not utilize pesticides or herbicides, or allow such use, in Community Garden without notice to, and prior express written consent from, City. Said notice shall identify the substance to be used, the area in which the substance is to be used, the manner in which the substance is to be stored and applied, and plans to dispose of any excess. City may refuse to consent to such use of toxic substances. Licensee's failure to comply with such a decision shall constitute a default by Licensee. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances. Licensee shall not allow any hazardous or toxic substance into the air, ground or water except insofar as allowed by said laws and regulations. Licensee shall also not cause or knowingly suffer any prohibited conduct as such term is defined by applicable Federal or State law upon the Community Garden. Licensee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense, including but without limitation, attorney's fees, resulting from hazardous or toxic substances placed or used on Community Garden by Licensee. City shall have the right to conduct inspections to determine if Licensee is properly using and disposing of chemicals and other hazardous substances. G. Good husbandry. Licensee will utilize Community Garden in a manner that will best conserve the integrity and long-term beneficial use of Park and Community Garden. H. Permits. No provision of this Agreement shall relieve Licensee of its obligation to obtain a City of Meridian Temporary Use Permit and/or any other applicable permits required by City or any other governmental agency, where such requirement applies. Except as otherwise allowed by City Code or other law, fees for such permits shall not be waived. I. Use of City's name and logo. City hereby allows Licensee to indicate on any promotional or fundraising materials that the City endorses Licensee's fundraising activities undertaken in furtherance of its mission. City hereby conveys to Licensee permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 3 OF 9 possess under this Agreement, provided that Licensee shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. J. Alterations; waste; signs. With the exception of activities directly related to gardening, Licensee shall not make, or permit to be made, alterations on or to the Community Garden or to Park, or any portion or component thereof, whether temporary or permanent, without first obtaining City's written consent. Any and all additions to, or alterations of, Community Garden shall become at once a part of the real property and shall belong to City. Licensee shall not commit, permit nor suffer any damage to or waste upon or in Community Garden, the premises of Park, or any of the improvements or appurtenances situated or placed thereon by or on behalf of City or City's agents or invitees. Except as expressly allowed by City in writing, Community Garden shall not feature, and Licensee shall not install or erect thereon signs, posts, poles, fencing, or other improvements or structures. K. Reasonable use. Licensee shall employ best efforts to ensure that its use of Community Garden land, facilities, amenities, and infrastructure is appropriate and reasonable. Where Licensee's use of same causes damage, Licensee shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Licensee shall exercise best efforts to see that any and all of Licensee's uses of Community Garden are in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, such reasonable policies as maybe adopted or enacted by Director. L. Primary Source of Contact for Licensee. Licensee shall provide City the name, a-mail address, and telephone number of the designated representative of Licensee (hereinafter "Licensee Contact") who shall serve as the primary contact between City and Licensee for all matters regarding the day-to-day scheduling, use, and maintenance of Community Garden. M. Amendment of Bylaws. Licensee shall notify City within seven (7) days of amendment of Licensee's bylaws. Upon material amendment of such bylaws, this Agreement shall be voidable, at City's option. N. Liens. Licensee shall keep Park and Community Garden free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Licensee. Licensee shall not permit nor suffer any lien, judgment or encumbrance to be entered against or filed upon Community Garden or any improvements or fixtures thereon. Licensee hereby covenants to satisfy any such lien, judgment or encumbrance at Licensee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Licensee with respect to the premises or any part thereof. O. Surrender of possession. Licensee agrees that upon termination or expiration of this Agreement for any reason, Licensee shall surrender Community Garden to City in the LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 4 OF 9 same condition as on the Effective Date, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Licensee agrees to surrender possession and occupancy of the Community Garden and Park premises peaceably at the termination of this Agreement and any renewal or extension thereof. P. Indemnification. Licensee specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Licensee, to Licensee's personal property or equipment, and to Licensee's employees, agents, or volunteers arising out of or resulting from the condition of Community Garden or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Licensee further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of Community Garden by Licensee or by Licensee's employees, agents, volunteers, and invitees and not caused by or arising out of the tortious conduct of City or its employees. Q. Worker's compensation insurance. In the event Licensee hires any person to work on or at the Community Garden, any and all workers shall be covered by worker's compensation insurance, if applicable. In such event, Licensee shall provide to City a certificate of insurance. R. Risk; insurance. Licensee may, at Licensee's option, maintain property or crop insurance on Community Garden. City may, but shall not be obligated to, maintain property insurance on Community Garden. Licensee shall bear the risk of any theft, vandalism, unlawful entry, or other damages incurred to or in Community Garden. Licensee shall maintain Community Garden in a safe and sanitary condition and shall repair immediately any unsafe or insanitary conditions caused by the Community Garden, shed, or items, matter, or materials stored or located therein. S. Taxes. Licensee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to the Community Garden or to this Agreement. T. Admission. With City's prior written consent, Licensee shall have right to assess and collect reasonable fees from persons participating in activities conducted at Community Garden by Licensee. Licensee shall not charge any fee for public admission to Community Garden without the prior written consent of City. V. Rights and responsibilities of City. With regard to Licensee's use of the Community Garden under this Agreement, City shall be responsible for the following. A. Fence. City shall install a partial perimeter fence around Community Garden. Such fence shall not exclude access to Community Garden by Licensee or any member of the public. LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 5 OF 9 B. Irrigation infrastructure. City shall install irrigation infrastructure in Community Garden for Licensee's use in watering the vegetation therein. C. Utilities. City shall pay for any power, water, or other utilities utilized or provided at Community Garden. D. Assessments; property taxes. City shall pay the regular assessments and property taxes, if any, due and owing on Community Garden and/or Park. E. Landscape maintenance. City shall be responsible for tree, turf, and landscape maintenance; mowing; custodial services; and hardscape cleaning and maintenance at Community Garden. Licensee shall not mow, spray, prune, or otherwise alter or maintain any natural or hardscape portion of Park. F. Scheduling. City shall be responsible for scheduling any and all uses of Community Garden and Park, including any and all uses thereof by Licensee. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to use or allow the use of Park for any and all purposes and under any and all conditions, so long as such use does not conflict or interfere with scheduled use by Licensee. G. No right to exclude conveyed. Any exclusive use granted to Licensee by this Agreement shall include neither the right to exclude any law-abiding person from Community Garden, where such person is not interfering with Licensee's reserved use thereof, nor the right to interfere with any person's concurrent, lawful use of Community Garden or Park where such concurrent use does not conflict or interfere with Licensee's use. Except as otherwise set forth herein, Licensee shall be on an equal footing with the general public regarding its use of Community Garden and of Park, which shall include, but shall not be limited to, reservation requirements for Park facilities and payment of reservation and other applicable fees. Licensee shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to use or allow the use of Park for any and all purposes and under any and all conditions H. Alterations. Upon thirty (30) days notice to Licensee in the manner established herein, City shall have the right to make alterations to Community Garden and/or to construct or locate landscaping, fixtures, structures, and/or any other improvements in or upon Community Garden or Park, except that City may undertake such alterations, construction, or improvements on an emergency or immediate basis without notice to Licensee where such action is necessary to protect the health, safety, and/or welfare of the public, or where such alterations, construction, or improvements will not unreasonably affect Licensee's use of Community Garden as set forth in this Agreement. LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 6 OF 9 I. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter the Community Garden and all storage areas for the purposes of inspection for compliance with the terms of this Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. The parties shall supply each other with keys and any other instruments necessary to allow mutual entry onto the Community Garden and all storage areas. VI. General provisions. A. Acceptance as is. Licensee acknowledges that Licensee has inspected the Community Garden and does hereby accept the Community Garden as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Community Garden, and Licensee accept the Community Garden "as is." B. No agency. It is understood and agreed Licensee shall not be considered an agent of City in any manner or for any purpose whatsoever in Licensee's use and occupancy of Community Garden and/or any activity undertaken with regard to Community Garden, to Park, or to this Agreement. Neither Licensee nor any officer, employee or agent thereof shall be deemed an employee of City. Licensee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. C. Breach; cure; termination. If Licensee is in breach or default of any of the terms, covenants or conditions of this Agreement and Licensee fails or refuses to cure such breach or default within three (3) days of written notice thereof, this Agreement, and all rights of Licensee in and to Community Garden, at City's option, maybe deemed . terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Licensee's failure or refusal to cure as hereinbefore provided, City may enter into and upon the Community Garden, take possession thereof and expel Licensee therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies City may have. In the event of termination of this Agreement, Licensee shall forfeit any right to harvest produce planted and any right to the proceeds thereof. Licensee shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by City in recovering the Community Garden hereunder. In the event of termination, City shall provide Licensee with thirty (30) days to, at the time and manner as may reasonably be required by City, remove its tools, equipment, and shed from Park. If any tools, equipment, or the shed remain in Park following this period, such items shall be deemed abandoned and shall be owned by City. D. 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 LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 7 OF 9 have under this Agreement with respect to such subsequent default or breach by Licensee. E. No obligation. By the granting of this lease, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of Community Garden or Park. F. Possession. If City, for any reason whatsoever, cannot deliver possession of the said Community Garden to Licensee at the commencement of the said term, as hereinbefore specified, this lease shall be voidable, and City shall not be liable to Licensee for any loss or damage resulting therefrom. G. Attorney fees. Licensee shall be liable to City for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of this Agreement. H. No assignment. Licensee shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Licensee cease to exist as an organization, this Agreement and all rights granted to Licensee hereunder shall be void. I. Annual review. Between November 1 and December 31 of each year, Licensee and City shall together review the year to address any problems which may have arisen and to discuss possible changes to improve matters regarding the parties' joint use of Community Garden. J. Conflict resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint. K. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Licensee; Meridian Cooperative Garden Club Attn: Katie Gonzalez 2183 E. Clarene Meridian, Idaho 83646 City: City of Meridian Director, Parks and Recreation Department 33 East Broadway Meridian, Idaho 83642 LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 8 OF 9 Notices shall be in writing and either personally delivered or sent by U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. J. Choice of law. This Agreement was negotiated in Idaho, is entered into and is intended to be performed in the State of Idaho. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement. K. City Council approval required. This lease shall not be effective for any purpose 'whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. L. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. M. 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. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LICENSEE: r'" Katie Gonza z President, Meri Coop tive Garden Club CITY OF MERIDIAN: ~D~p,TBD A[J~G\ GD J 2 ~~ City of BY; ® ~. ~ - ~oA~ Tammy e eerd, Mayor ~'~ SEAL yf~*'I ~-~ rae~s° City Clerk LICENSE AGREEMENT WITH MERIDIAN COOPERATIVE GARDEN CLUB FOR COMMUNITY GARDEN PAGE 9 OF 9 r®®rt iy until tin Final Order for Approval: TEC 12-008 Browning Plaza by SLN Planning/Boise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TO AGENCY I APPLICANT NOTES I INITIALS -°f ian ity unil satin 1' :May 16, 2012 I lJ 6 °~ DATE: I E-MSTAFF TO ( AGENCY APPLICANT NOTES I INITIALS ri i ~- ity uncil tin T :May 16, 2012 IT lJ 7A J T ITEM TITLE: Department Reports Planning Department: Community Development Block Grant (CDBG) Pre-draft Prioritization for Program Year 2012 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TO AGENCY APPLICANT NOTES I INITIALS May 10, 2012 MEMORANDUM TO: Mayor De Weerd and City Council FROM: Lori Den Hattog, CDBG Administrator CC: City Clerk Bruce Chatterton Caleb Hood RE: CDBG PY 2012 Pre-Draft Prioritization May 16, 2012 City Council Agenda Item ~ 1 1. Introduction In preparation for the City's Program Year 2012 (PY2012) Community Development Block Grant (CDBG) Annual Action Plan (AP), the City needs to prioritize submitted applications for project funding. The City has been notified by HUD that our anticipated funding for PY2012 is $256,727. Planning and Administrative expenses are capped at 20% of the annual allocation, which would be $51,345. However, in reviewing actual administrative expenditures over the last several years, staff is recommending an allocation of $46,227 for adminishative expenses. The remaining amount ($210,500) of the city's CDBG allocation can be used to fund projects, with no more than 15% ($38,500) being used for Public Service Projects. 2. Process and Timeline The City has been working to identify potential future projects for the coming program year. On March 1, 2012, the Mayor, City Council and Department Directors were contacted for project ideas. On March 12, 2012 staff conducted a Community Workshop to provide information and reach out to past sub-recipients and potential future sub-recipients. In late March, interested organizations submitted letters of intent, and for those projects that appeared to meet the minimum qualifications, staff invited them to submit a full funding application by Apri120, 2012. 3. Application Review and Scoring Organizations were required to submit applications addressing the following items: Goals and outcomes of the proposed project, Community Development Department 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 ®www.meridiancity.org Page 2 ® The need that the proposed project addresses, ® How the organization plans to carry out the proposed project, ® The capacity of the organization to implement the proposed project, and ® Whether or not the organization is going to leverage any other funds for the proposed project. An internal City committee reviewed and ranked all of the submitted applications based on a matrix that provided weighted scoring to the more critical items in the application. The scoring criteria used by the working group were provided to the applicants for informational purposes as part of the application form. 4. National Program Considerations The National Goals of the CDBG Program are as follows: ® Provide decent, safe, and sanitary housing. ® Provide a suitable living environment. ® Expand economic opportunities. The National Objectives of the CDBG Program are as follows: ® Benefit low-moderate income persons. ® Aid in the prevention or elimination of slums or blight. ® Meet an urgent need. Other items to consider under the national program regulations include that over amulti-year period 70% of the expenditures must benefit low-moderate income persons. Public Services are capped at 15% of the annual allocation, which would be $38,500 for PY2012. 5. Local Program Considerations The City is entering its first year of the new Five Year Consolidated Plan 2012-2016. Each Annual Action Plan is based on the needs, goals, and outcomes identified in the Consolidated Plan. The City will be considering the draft Five Year Consolidated Plan 2012-2016 concurrent with the draft Program Year 2012 Annual Action Plan. Below are the Strategies and Objectives from the draft Consolidated Plan 2012-2016: Strategy No. 1(Affordable Housing): Improve access to affordable housing opportunities for Meridian Residents. ® Objective L1: Address the need for affordable decent housing by supporting a down payment assistance program for qualifying households. Strategy No. 2 (Suitable Living Environment): Support services, programs, and projects for the city's LMI residents, including persons with special needs and residents at-risk of homelessness. ® Objective 2.1: Support public service activities that serve the city's LMI residents. ® Objective 2.2: Invest in public facility improvements that serve person with special needs and low income residents, as well as public facility improvements located in the city's LMI areas. Strategy No. 3 (Economic Opportunities): Improve economic opportunities in the city's LMI areas. ® Objective 3.1: Support public service activities that provide employment training or job creation/retention for the city's LMI residents. ® Objective 3.2: Invest in public facility improvements or activities in the downtown area that address one or more of the conditions which contributed to the deterioration of the area. Page 3 6. Projects & Recommended Funding Below is a list and brief project description of all the funding applications submitted for Program Year 2012. Public Service Applications ® Hunger Relief, Meridian Food Bank: Project funds would be used to purchase food that is distributed through the Meridian Food Bank to hungiy families and to children through the weekend Backpack Program. ® Senior Job Training/Placement and Business Development, Open Lines Training: Project funds would be used to provide job refresher/training and job placement for Meridian Seniors. Project includes working with local businesses for job placement opportunities. The project is intended for seniors who are residents of Meridian with a plan to coordinate with the Meridian Senior Center. Non-Public Service Applications ® Down Payment Assistance, Neighborhood Housing Services: Project funds would be used to help pay down payment and closing costs for qualified low/moderate income households purchasing a home in Meridian. ® Down Payment Assistance, Ada County Housing Authority (ACHA): Project funds would be used to help pay down payment and closing costs for qualified low/moderate income households purchasing a home in Meridian. ® Meridian Road Split Corridor Phase 2 Historic Lighting, Meridian Development Corporation: Project funds would be used to pay a portion of the costs for the construction and installation of historic lighting along the Meridian Road Split Cot~ridor Phase 2. The request for CDBG funds represents approximately 1/a of the total project costs. The total project cost is approximately $450,000. ® 8th Street Park ADA Accessible Restroom, Meridian Parks and Recreation Department: Project funds would be used to design and construct ADA accessible restroom facilities in 8th Street Park. There are currently no restroom facilities in 8t1i Street Park. The CDBG Scoring Committee that reviewed all of the submitted applications recommends funding two projects under the public service category, the first for the Meridian Food Bank and the second for Open Lines Training. The recommended funding level for both projects is less than requested; however, both organizations can still benefit from the recommended funding amount. The working group recommends funding three of the five submitted projects for the non-public service applications at varying funding levels. Page 4 Two public service applications were submitted for a total funding request of $78,820. As identified above, the available funding for the coming program year is capped at $38,500 for public services. Public Service Applications Project Name Applicant Funding Recommended Request Funding Hunger Relief Meridian Food $38,500 $26,500 Bank Job Training and Placement Open Lines $40,320 $12,000* for Meridian Seniors Training '`Open Lines Training proposed atwo-phase project for a total cost of $40,320. The CDBG Scoring Committee recommends funding only the first phase which focuses primarily on job training/development and placement activities for Meridian Seniors. Four non-public service applications were submitted for a total funding request of $300,000. The available funding for Program Year 2012 is $172,000 for these types of projects. Non-Public Service Applications Project Name Applicant Funding Recommended Request Funding Down Payment Assistance Neighborhood $20,000 $21,000 Program Housing Services Down Payment Assistance Ada County $50,000 $21,000 Program Housing Authority Meridian Road Split Meridian $100,000 $0* Corridor Historic Lighting Development Corporation ADA Accessible Bathroom Meridian Parks and $130,000 $130,000 in 8t'` Street Park Recreation *The CDBG Scoring Committee supports the Historic Lighting project for the Meridian Road Split Corridor Phase Two. However, if the City funds a portion of the lighting project with CDBG funds and the project is bid with the entire roadway project (as is currently being discussed), then the Davis Bacon wage requirements would apply to the entire roadway project. This would substantially increase the costs for all of the agencies involved in this roadway project. The Scoring Committee recommends that MDC find an alternative funding mechanism for this project. 7. Next Steps After Council has established the priorities for the coming program year at the May 16 public meeting, staff will prepare the draft annual action plan. The public hearing on the draft plan is set for June 19, 2012 at 7 p.m.; this will coincide with the public hearing on the draft Consolidated Plan 2012-2016. The required public comment period for both the draft Program Year 2012 Action Plan and the draft Consolidated Plan 2012-2016 will open on June 19 and will continue through July 24, 2012. The final hearing and adoption for the Consolidated Plan 2012-2016 and Program Year 2012 Action Plan is scheduled for July 24, 2012 at 7 p.m. ~-i i n ity until satin Public Works: Water Master Plan and Water Conservation Plan Adoption Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TO I AGENCO ( SENT TO I NOTES INITIALS APPLICANT Mayor Tammy de Weerd TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer DATE: Apri125, 2012 City C®eaneil eer8® Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Request for May 15 City Council Meeting Agenda Item Under Department Reports: Water Master Plan and Water Conservation Plan Adoption I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Public Works Directar• 489-0372 II. DESCRIPTION A. Back round Over the past year, engineering and operations staff worked with Murray, Smith, and Associates (MSA) to develop a comprehensive Water Master Plan update for the City water system. The final Water Master Plan has been approved by the Idaho Department of Environmental Quality. Staff and MSA wish to submit this plan to Council for adoption and provide a presentation highlighting important aspects of the plan. A hard copy of the Executive Summary is provided for Council review and the full plan is available through Kyle Radek. As part of the Water Master Plan, staff worked concurrently on a public process to develop the City's first Water Conservation Plan. This plan has been presented to council previously for review and comment. It will now be presented for adoption along with the Water Master Plan. A hard copy of the complete Water Cons~crvatio Plan is provided. ~K~~,a~. Approved for Council Agenda: ;~ ~~ ~~~~ - ~ ~ / amen Stewart, Engineering anager D to Page 1 of 1 ~a \/ / 1~~~~~N City of Meridian Water Conservation Plan List of Figures and Tables Figure 2-1 Historic Population Trend ........................................................................................... 10 Table 2-1 Service Area Population Projections ............................................................................ 10 Figure 3-1 Historical Water Production ........................................................................................ 11 Table 3-1 Historical Per Capita Demand -Potable Water ............................................................ 12 Table 3-2 Projected Demand Without Conservation .................................................................... 13 Figure 3-2 Demand Projections to 2060 ....................................................................................... 13 7/13/2011 Page 3 of 37 City of Meridian Water Conservation Plan Purpose The purpose of the conservation plan is to preserve, protect and extend the useful life of the City's current water supplies by reducing per-capita water consumption. Scope As part of the 2011 Water Master Plan, the City held a workshop to discuss long-term water supply issues. The workshop was attended by City staff, elected officials, and subject matter experts. As a result of that effort and further direction, the following scope was developed for the Water Conservation Plan: Plan Term The objectives of this plan have a time frame from 1-10 years. Because this is the City's first formal Water Conservation Plan, there are many unknown factors that will influence future versions. Primarily, it is unknown to what extent different conservation actions will influence residents. The overall plan should be re-evaluated in 3-5 years, however, specific conservation actions should take place or be evaluated annually or even on shorter schedules as indicated in the Conservation Actions matrix. Groundwater Vs Surface Water The City of Meridian currently uses groundwater as its only source of potable water for residents. The City currently has no control over the delivery or allocation of surface water to residents. In fact, since residents pay a fixed fee for surface water regardless of the quantity used, there is no fiscal incentive for them to conserve. This paradigm can result in short-sighted water management. In years with a shortage of surface water supply, additional needs maybe met through groundwater pumping, thereby increasing demand on this resource, which is the sole supply for the City's potable water. In years with a surplus of surface water, there is no corresponding benefit to the groundwater supply (other than a potential increase in aquifer recharge). Conservation of surface water and changes in delivery practices during surplus years could lead to a reserve supply in storage to help in shortage years. Regardless of current delivery practices, the City staff and elected officials realize that the yearly supply of surface water is a variable and finite resource that has a great impact on the economy and quality of life for Meridian residents. Even if surface water conservation has no immediate benefit or need for residents, population growth, climate change, and other factors will likely change that in the future. Understanding that the culture of water conservation is developed over time, this plan recognizes that starting the effort before there is a dire need will help ensure future success. For these reasons, this plan encourages the conservation of both groundwater and surface water. Plan Data Much of the data used in this plan was assembled and presented as part of the 2011 Water Master Plan update for the City of Meridian. This plan was developed by Murray, Smith and 7/13/2011 Page 5 of 37 City of Meridian Water Conservation Plan Conservation Plan Goals Meridian Water Conservation Plan Long Term Goals were developed by the working group described above with input over several weeks and workshops. They are: ® Ensure an adequate, sustainable and reliable supply of water at a reasonable cost for current and future needs of the community. ® Promote environmentally and economically sound use of available water resources. ® Protect and preserve water resources through leadership, research, cooperation with other stakeholders, and education. ® Prepare for drought and water emergencies. Conservation Plan Objectives The Working Group developed some specific objectives that could be used to guide what conservation actions would be recommended. ® Establish an ongoing water conservation education program for the Meridian community by 2013. ® Evaluate and report on the effectiveness of the Water Conservation Plan to the community annually; share experiences, discuss lessons learned, and generate public involvement and get feedback. ® Reduce Meridian customer potable water per capita use by 3% by 2015, in addition to the reduction achieved by the addition of more customers who use surface water for irrigation. ® Provide leadership by convening stakeholders within the Lower Boise watershed and developing a water conservation partnership by 2015. ® Gather hydrogeologic data and develop a realistic working model of aquifer system around Meridian by 2013. Develop fresh water supply projections (sustainable aquifer yield) by 2015. ® Reclaim and reuse 80% of Meridian's wastewater by 2030. ® Establish cooperative relationships with surface water providers by 2013. Plan Elements This plan includes four basic elements: ® Study area characteristics ® Analysis of historical and projected water demand ® Water supply ® Past, current and future conservation measures Resolution and Adopting the Plan It is intended that this plan will be reviewed, approved and adopted by the City Council. 7/13/2011 Page 7 of 37 City of Meridian Water Conservation Plan As noted, not all residential properties in the City have surface water irrigation systems. Currently, about 20% of the population uses municipal water for irrigation; however, new developments in the City are required by city code to provide pressurized irrigation systems from sutface water if the developing land was previously served by surface water. This city code is in alignment with state law that strongly encourages the use of surface water as the primary source for irrigation (including lawns). Because of this, the population percentage using municipal water for irrigation will continue to shrink with time. 7/13/2011 Page 9 of 37 City of Meridian Water Conservation Plan section 3 ®Analysis of istorical and rojected mater errand historical Water Use -Potable Water In general, total production of potable water, as shown in Figure 3-1 has steadily increased over the last decade although it has fallen off somewhat since 2007. Figure 3-1 Historical Water Production Historical Water Production a _ _ - ,~. 3.5 -- -- - - - ~ - c 0 3 m ® 2.5 - - ._ .9 2 e v 1.5 - -- _ _ - _ _ _ a Q 1 - - - a .. a; 0.5 ~a 0 - rn °0 0 0 0 0 0 0 0 0 0 ~ N N N N N N N N N N Year 7/13/2011 Page 11 of 37 City of Meridian Water Conservation Plan Summary of Projected Demand ®Potable Water As discussed earlier, a per capita average day demand of 130 gpcpd was applied to the population forecasts discussed in Section 2. The following Table 3-2 and Figure 3-2 summarize the resulting demand forecast. Table 3-2 Proiected Demand without Conservation fear Service ADll IVllll) MIVID PHD Area (mgd) (mgd) (mgd) (mgd) Population Estimate 2015 85,000 11.05 22.10 19.89 33.15 2020 104,000 13.52 27.04 24.34 40.56 2030 140,000 18.20 36.40 32.76 54.60 2060 252,000 32.76 65.52 58.97 98.82 Figure 3-2 Demand Projections to 2060 Demand Projections at 13n gpcpd 120 100 ,~ 80 T7 __ --f~PHD 60 MDD C .. dDD f6 ~ 40 20 -- _ 0 2010 2015 2020 2025 2030 2035 2040 2045 2050 2055 2060 2085 Year The 2011 Water Master Plan Update discusses the impact of water conservation on future demand. The data gathered showed that customers using surface water for irrigation had an average per capita potable water consumption of 112 gpcpd. This number can be used as a target for overall per capita consumption with conservation. This is a 13.8 percent difference in per capita consumption (from the proposed planning metric of 130 gpcpd). 7/13/2011 Page 13 of 37 City of Meridian Water Conservation Plan Secti® ater Supply Sources of Water ®Current Capacity and Source of ,supply Meridian currently relies on groundwater as the single source for all its potable water supply. Although it is the sole source of potable supply, it is a complex resource. Municipal wells tap the groundwater supply from 300 to 800 feet below ground level. Water from these various depths and locations varies in chemical composition and overall quality. Meridian's Municipal water supply system has the capacity to pump approximately 33,000 gpm for several hours and up to 30,000 gpm for an indefinite time period. The 2010 Water Master Plan Update includes detailed information about Meridian's water supply and distribution infrastructure. Sustainable Yield Changes in static water levels have been observed at wells across Meridian, but they have not been significant and have not necessarily been attributed to municipal pumping. There is very little information on the rate of recharge of the aquifer system and the sustainable pumping volume. Meridian monitors water levels at several observation wells at various locations throughout the city. Data has been collected for a number of years with some wells dating back to the early 1990s. The City is working to use this data along with drilling logs, to develop a groundwater model and aquifer mapping in order to better understand the characteristics of the aquifer system, including the recharge mechanisms and sustainable yield. The information being gathered and analyzed for Meridian will likely be the best available data that exists and will be invaluable for the City's conservation efforts. Supply and Demand Balance The 2010 Water Master Plan projected demands through ultimate build-out for the City. Total demand projections using a conservative per capital demand of 130 gallons per day were used in Table 3-3. Average demand per day is projected to be about 33 million gallons in 2060. Over a year, that equates to 12 billion gallons of potable water supply needed for Meridian customers alone. Other potable water suppliers surrounding Meridian will increase demands on the shared aquifer system to serve their current and future customers as well. Experience and available data have shown that the aquifer system that Meridian relies upon for potable water supply is extremely productive; however, as discussed, the ultimate sustainable yield is unknown. Additionally, we may not know when we have exceeded this sustainable yield until after it happens. Again, more data collection and analysis is needed to better understand this issue. Once again, surface water supply and conservation may become an important issue. The Treasure Valley Comprehensive Aquifer Management Plan (CAMP) effort produced a Treasure Valley Future Water Demand study by WRIME Consultants. The study indicated that the net 7/13/2011 Page 15 of 37 City of Meridian Water Conservation Plan Section eclaimed Water lan The conversion of wastewater to reclaimed water, and its use, will be a key component in water conservation in the future. Reclaimed water has a variety of applications which can either replace or reduce the need for other sources of water. It can also replenish groundwater supplies. The following description is from the draft Reclaimed Water Master Plan developed for the City by HDR Engineering: City's Current and Planned Reclaimed Water Program The City of Meridian (City) is developing a program to produce and distribute reclaimed water for a variety of uses. Reclaimed water is a highly treated water resource generated at the City's municipal wastewater treatment plant that meets standards for reuse established by the Idaho Department of Environmental Quality (DEQ). This Reclaimed Water Master Plan (Master Plan) presents along-range vision for the City's reclaimed water program and defines market expectations for reclaimed water sales. Cost opinions for constructing future components of the reclaimed water production and distribution system are also presented, which establishes the foundation from which a framework for financing capital investments has been analyzed. Finally, the Plan identifies policy and implementation issues that will affect development and financing of the reclaimed water program. The City's reclaimed water program will continue to evolve as the City gains experience with the production and distribution of the resource. Therefore, the policies, assumptions, and findings of this Master Plan are expected to be updated regularly, particularly in the near-term. Program History The City has been producing Class A reclaimed water since 2009, and beneficially reusing the water for turf irrigation at Heroes Park. This demonstration project has offered a highly visible means by which to educate the public about the value of this resource. The Idaho Department of Environmental Quality issued the City a Final Wastewater Reuse Permit (No. LA-000215-02) on April 19, 2010. This permit is effective for five years and allows for the use of reclaimed water in irrigation, dust suppression, toilet flushing, lined surface water features, sanitary sewer flushing, and fire suppression throughout the City. This "City-wide" permit supports the expansion of the program that is presented in the Master Plan. The Vision for of the Meridian Public Works Department for the year 2030 was developed in 2009. Recycling and reusing wastewater is a primary component of that Vision which foresees recycling and/or reuse of 80% of the waste stream by that time. 7/13/2011 Page 17 of 37 City of Meridian Water Conservation Plan section 7 ® otential Conservation 1~ctions This plan is Meridian's first formal water conservation plan, As discussed previously, the City's water supply and distribution infrastructure is more than capable of providing peak demands and emergency flows to customers. In addition, the City is extremely fortunate to be tapping an aquifer system that has shown little to no decline after several years of sustained pumping. The City understands, however, that annual water supply is a limited resource and is taking measures to better understand the resource. The Conservation Plan Working Group submitted their ideas for water conservation measures which were consolidated and added to measures found in the AWWA Manual: Water Conservation for Small and Medium-Sized Utilities. The Working Group preferred the term Conservation Actions, rather than measures. These potential actions were organized and discussed by the Working Group in light of the Goals and Objectives they had previously developed. The outcome was a list of recommended actions for the plan. The Conservation Actions were categorized as follows: ® Utility /City Practices ® Ordinances and Rules ® Outreach ® Incentives ® Reclaimed Water In developing the Goals, Objectives, and Conservation Actions of this plan, the different perspectives of the Working Group members were apparent. However, it was a consistent opinion among members that the best conservation actions were those that employed education, outreach and setting an example through City leadership rather than developing ordinances or rules to try to force customers to conserve. Appendix B contains the matrix of Conservation Actions considered including recommendations / notes from the Working Group. Some actions discussed may require additional research to determine potential costs and benefits. In several cases, the group recommended that actions be considered based on future research and analysis. 7/13/2011 Page 19 of 37 City of Meridian Water Conservation Plan Action Estimated Estimated Lead Staff Support Staff Cost Benefit __ _ Support Parks Department Low Low Conservation conservation efforts Coordinator Cooperate with other Low Low Conservation government or water supplier Coordinator conservation efforts Perform fixture audit and Low Low Conservation corrective actions for City Coordinator buildings Coordinate with Building Low Low Conservation Building Services to ensure high Coordinator Services efficiency fixtures are included in new construction Seek conservation program Low Low Conservation Planning funding from state, county, or Coordinator Grant federal resources Administrator Request a budget of $25,000 for High High Conservation Finance water conservation. Funding Coordinator would support a portion of a position and conservation actions recommended. Benchmark Meridian's Low NA Conservation conservation efforts with other Coordinator similar cities and include in annual report to Council Explore formation of regional Low NA Conservation water conservation group (or Coordinator use existing regional group) Meet with IDWR regularly to Low Med Conservation discuss ground and surface Coordinator water conservation issues Recognize people or businesses Low Med Conservation that practice conservation- Coordinator award rogram or news osts Ordinances and Rules Benchmark other cities Low NA Conservation Building regarding individual unit Coordinator Services metering to multi-unit buildings Set aside a portion of rates for Public Engineering conservation efforts Works Division, Business Finance Operations Explore feasibility of tiered rate Low NA Conservation Engineering structure Coordinator Division, Finance 7/13/2011 Page 21 of 37 City of Meridian Water Conservation Plan Cost Estimates (Cost to City): Low = $0-5,000 Med = $5,000-$20,000 High =Over $20,000 Benefits: Because the potential benefits from an action item can be actual measurable water conserved, or non-measurable benefits such as customer awareness and education, the High, Medium, and Low levels are a best guess based on group discussion. 7/13/2011 Page 23 of 37 City of Meridian Water Conservation Plan the following elements: 1. Triggering Conditions 2. Initiation Procedures 3. Demand Management Response 4. Termination Procedures Because Meridian's system does not include large storage facilities, it relies on instantaneous pumping capacity from wells to serve peak demands. Therefore, the triggering conditions for determining whether a shortage is pending or exists are based on the Peak Hour Demand in relation to the pumping capacity of the system. It is important to note that the City will take additional actions to correct or mitigate whatever problems have lead to a water shortage. The responses considered in this plan are only directed to managing demand /encouraging conservation. Another important note is that the termination of a Supply Condition can mean the condition has improved or gotten worse, so the demand management response selected should be appropriate to the change in condition. 7/13/2011 Page 25 of 37 City of Meridian Water Conservation Plan Water Supply Condition 2: Probable Water Shortage Predicted Triggering Conditions: Forecast Peak Hour Demand through the next six months exceeds of the current capacity of any pressure zone and the zones above it combined. Initiation Procedures: Water Division works with Engineering Division to assess current pumping capacity and forecast demands based on current demand patterns, historic trends, and other available data. Water Superintendent makes determination that condition exists and notifies the Public Works Director, who declares the condition to the Mayor's Office. The Mayor officially declares the condition to the public and initiates an appropriate demand management response. Demand Management Response: Work with the Public Works Director and Public Affairs Officer to organize outreach effort to request voluntary water conservation. Consider the following options; ® Press release may need to be distributed to media for general release ® Use billing inserts to inform customers of the situation ® Provide press release for Website ® Distribute press release HOAs, businesses, and customers by email Consider implementing mandatory conservation measures: ® Prohibit outdoor use of City water ® Initiate conservation rate schedule ® Charge emergency conservation fees for residential use over account "winter averages" (average monthly use from January through April) ® Initiate probable water shortage rate schedule - TBD. Termination Procedures: Water Division works with Engineering Division to assess pumping capacity and refine demand forecasts. Water Superintendent makes determination that condition no longer exists and notifies the Public Works Director, who informs the Mayor and Council. The Mayor officially declares the change in condition to the public and initiates the appropriate demand management response if any. 7/13/2011 Page 27 of 37 City of Meridian Water Conservation Plan Appendix A ®Water Conservation Working Group erribers Meridian Water Conservation Plan Working Group ~ Member Name Organization /Connection ~ Mark Erikson Frank Morandi Bill Martin /Derrick Martin John Wiskus Mike Polk Thomas Baker Mark Fischer Liz Paul Pete Friedman Mollie Mangerich Dennis Teller Andy Roman Jeff Brooks Steve Eddy Saint Lukes Hospital Roaring Springs Water Park Metro Express Car Wash Meridian Resident Meridian Resident Boise Resident /Teacher Meridian Resident Idaho Rivers United Meridian Planning Deputy Director Meridian Environmental Program Manager Meridian Water Superintendent Meridian Resident /Idaho Rivers United / HOA Vice-President Meridian Resident Fast Eddy's 7/13/2011 Page 29 of 37 City of Meridian Water Conservation Plan ~at8r COnserVation Actions Perform indoor water audits for customers Perform landscape irrigation audits (city water) Benchmark and leverage other suppliers' efforts and Perform landscape irrigation audits on City parks and other facilities Perform fixture audit and replacement if needed in current City buildings. Use high efficiency fixtures in all new City building construction Seek conservation program funding from state, county or federal sources. Identify a Water Conservation Coordinator Current Practice Water leak detection on case- by-case basis for customers or when abnormally high usage is noted. This system is automated. Dennis to provide details of how it works. Proposed Action Alert automatically when customers' use goes up a given °Io (TBD). Encourage water audits by customer (self) or by private business through outreach. Attach note to bills regarding usage compared to history or average customers. Look at top users and audit some of them, then use that info for outreach. Partner with home improvement stores -water conservation kiosk. No audits Develop audit pilot program. Install weather based smart controllers in City Parks NA Last building (City Hall) was LEED Silver NA No Water Conservation Coordinator Work with other government offices to cooperate with their conservation efforts. Support Parks efforts. Perform fixture audit and replacement if needed in current City buildings. Also make sure efficient fixtures are working as intended (signage, valve direction, etc.) Perform cost effective corrective actions as needed. Coordinate with building services to ensure fixtures in new construction are high efficiency. Seek conservation program funding from state, county, or federal sources. Water Conservation Coordinator recommended to be added to .5 time position duties in Environmental Division. 7/13/2011 Page 31 of 37 City of Meridian Water Conservation Plan Water Conservation Current Practice Actions Landscaping Current ordinance encourages use of surface water for irrigation. Residential activities Industrial activities Construction activities Indoor Water Use -explore opportunities to amend Idaho Plumbing Code to allow reclaimed water for indoor uses. Require upgrades to fixtures as a condition of sale of property Outreach Discuss /assist schools with conservation measures Distribute educational pamphlets on conservation (lawn watering, conversion to low water use landscaping, indoor use practices, etc.) Building codes control fixtures Building codes control fixtures Code requires rental of meters for filling trucks and other activities. Some activity Pamphlets available at Water Department Proposed Action Continue use of surface water for irrigation. Develop planning ordinances that encourage andincentivize conservation in landscaping. Create design standards for landscape features to ensure that they don't' waste water (e.g. berms). Grass reduction, xeriscape berms, etc. Examine benefits of adopting 2009 plumbing code. Check with Dennis / Brent. Examine benefits of adopting 2009 plumbing code. Check with Building Services Division. Continue current practice. Build reclaimed water fill points and encourage use of reclaimed water for dust control. Research /Clarify this issue. How can we incentivize? What is current account setup fee? Can we have customer contact encourage fixture upgrades for customers' long term benefit? Use real estate community to outreach also. Continue efforts with schools. Get them to consider more efficient fixtures. Continue and expand. 7/13/2011 Page 33 of 37 City of Meridian Water Conservation Plan Appendix C -City Cltorrier rofile® 2010 ecords Number of Category Accounts Percent Church 66 0.3% City 36 0.1% Commercial 1046 4.1% Multi-Unit Residential 188 0.7% Residential 24056 93,3% School 404 1.6% Residential Building Inventory Year Number of Units Built 1970 to 1993 5,500 1994 to Present 20,400 (new building code was adopted in 1994) 7/13/2011 Page 35 of 37 City of Meridian Water Conservation Plan Potable Water: Potable water is water that can be consumed in any desired amount without concern of adverse health effects. Water provided by community water systems including public and private utilities is considered potable water. Surface Water: Surface Water is water that is supplied by streams, rivers, and lakes. It is usually stored in man-made reservoirs and transported through canals. 7/13/2011 Page 37 of 37 T~IIdAL - WATER MASTER PLAN ~ ~~ ~ ~~~ ~ ~~ ~~L! i; , ,~ `~~ ,~ ~., ~ ~~ _ 11,, ~(t~r~,r~. ~~u~l<< i~~,ux;iale~s,Inc, l~~~inerr~~'Planner Apt°112012 Authorization In 2010, the firm of Murray, Smith & Associates, Inc. (MSA) was authorized by the City of Meridian to prepare this WMP. Compliance This WMP complies with water system master planning requirements established under the Idaho Administrative Code (IDAPA) 58.01.08, administered by the Idaho Department of Environmental Quality (IDEQ). Planning Period This WMP focuses on improvements required over the next 20 years (2030). However, longer-term evaluations were conducted on the City's water supply system that include projections through build-out. Study Area The study area for the WMP includes the existing City limits out to the extent of the adopted Future Impact Boundary. Existing Water System General This plan assumes that groundwater will continue to be a viable source of supply for the City in the near-term and long-term. Additional water supply planning is being conducted as a follow up study to this project. That study is evaluating how to address the City's water supply needs beyond the IDEQ focused 20-year horizon. Water Requirements ® The City's current and projected population and water demands are summarized in Table 1-1. ® The City's 10-year historical average day demand (ADD) for the years 1999 through 2009 averaged 169 gallons per capita per day (gpcpd). Since 2005, the City's per capita water usage has averaged 138 gpcpd, with the 2008 and 2009 average down to 130 gpcpd. ® The City has an average non-revenue water rate of 3 percent of total production. This is very low compared with other utilities. ® The City is in the process of adopting their first formal water conservation plan. The conservation plan was developed by City staff, with involvement from a citizen based 10-1116 Page 1 - 2 City of Meridian April 2012 Executive Summary Water Master Plan Distribution ® A computer model of the distribution system was developed and calibrated. Both existing and future (2015 and 2030) demand conditions were evaluated using this model. ® The City has done an excellent job of maintaining, expanding and completing loops in the distribution system to accommodate the unprecedented growth that has occurred during the past 20 years. ® The distribution system is composed of a primary grid of mostly 12-inch mains, with some 10- and 16-inch mains. Future expansions should continue the 12-inch by 12-inch grid pattern to provide adequate water transmission capabilities throughout the distribution system. ® The City has implemented an infrastructure replacement program to address mains that do not meet existing City size standards, are of substandard materials or are apparently approaching their end of service life. The project is initially targeting substandard size pipe that do not meet City standards. This WMP identifies approximately $40 million in substandard size main replacements to be made over the next 20 to 50 years. A smaller number of fire flow related improvements were also identified that will be addressed in the next 5 to 10 years. ® The City's first interconnection with another utility is recommended in Zone 3, with United Water Idaho (UWI), to address specific fire flow deficiencies, provided that the cost/benefit of the interconnection compares favorably with other options. This will be a two-way metered connection that would benefit both utilities under emergency conditions. ® Pressure Zone 1 will be fully implemented in the near future through the installation of five Pressure Reducing Valves (PRVs). Water Quality anal Regulations ® Currently, all of the City's potable water is supplied by wells. The general quality of the water is good, meeting current federal and state regulatory limits for inorganic compounds (IOCs), synthetic organic compounds (SOCs), volatile organic compounds (VOCs), lead and copper, coliform, and fluoride. ® The City currently disinfects its water supply at the wellhead, prior to its entry into the distribution system. Sodium hypochlot•ite is added at a sufficient rate to maintain a residual chlorine level of 0.3 mg/L in the distribution system. One major area of concern is the elevated uranium levels measured in Wells 16, 20B and 23. In these wells, uranium has been detected at levels that approach or exceed the 30 µg/L maximum concentration level (MCL). For wells that are affected by uranium levels that exceed the MCL, the City will need to consider either abandoning the wells, modifying the wells, placing them on standby status or implementing treatment in order to reduce the uranium content to acceptable levels. The City is currently evaluating 10-1116 Page 1 - 4 City of Meridian Apri12012 Executive Summary Water Master Plan level storage with booster stations to meet peak demands. This will ultimately eliminate the need to construct a significant number of wells as demand increases. A summary of the recommendations to implement this scenario over the 20-year planning period is provided in Table 1-2. ® One of the recommendations from the water supply section is for the City to continue to maintain a two well buffer beyond strict IDEQ requirements into the future. This requires that, in addition to the ground reservoir, three additional wells be constructed between 2020 and 2030. It is recommended that the wells be spaced throughout this period to have the supply buffer remain ahead of projected increases in demand. ® Due to demand and supply forecasts, it is recommended that the City acquire an additional piece of property in Zone 2 for the eventual construction of an additional storage and booster facility in the near-term. This property will initially serve as the site of a new production well prior to 2030. Two well sites have also been identified for acquisition prior to 2020. ® The City should also consider evaluating property for a reservoir site in Zone 5 while property values are low, though this reservoir will likely not be required in the next 20 years. Table 1-2 Summary of Estimated Water Supply Projects ` Requir•etuents to have supply In place to meet IDEQ requirements and utaintain a hvo well buffer ~ ~lssuntes one tank will be built to tweet storage t•egttirerrtentvith an initial 4,500 gpm ofputnpiug capacity s Boostet• station upgrade of I,S00 gpuz to tank/boostet• required by 2030 to allow service to Zone 5 `t Includes $630, 000 for boostet• upgrade to be paid for by developer Financial The City has been proactive in their financial planning, maintaining healthy fund balances in recent years. The un-designated fund balance in FY2012 is approximately $6 million. The City has identified over $10 million in water infrastructure improvements in this planning effort in addition to almost $5 million in other water system capital projects between FY2012 and FY2016. Based on the City's financial model, which does not account for any rate increases in the next five years, the ending fund balance in FY2016 will be over $11 million. This provides the City with the flexibility to deal with unexpected capital, personnel or operations related costs if they should arise in the next five years. Overall, the City's water utility is in good financial condition. 10-1116 Page 1 - 6 City of Meridian April 2012 Executive Summary Water Master Plan r®i ® uncil in Ordinance No. : ZOA 12-001 Unified Development Code (UDC) Text Amendment by City of Meridian Community Development Department Request: Amend Specific Sections of the UDC to Include General Clarifications/Clean-up Items; Specific Use Standards for Wireless Communication Facilities; CPTED (Crime Prevention Through Environmental Design) Strategies, etc. DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN ORDINANCE NO. Id ° lSl BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. All references to "Planning Director" or "Director of the Meridian City Planning Department" or "Planning Department Director" in the Meridian City Code Title 11 shall be replaced with "Community Development Director or designee". Section 2. That Meridian City Code Section 11-1A-1, Unified Development Code, be amended in part as follows: 11-1A-1. DEFINITION OF TERMS: ** CONSTRUCTION SAND AND GRAVEL MINING: The use of a site for one or more of the following activities: a) operating commercial grade (i.e., construction) sand and gravel pits; b) dredging for commercial grade sand and gravel; and c) washing, screening, or otherwise preparing commercial grade sand and gravel excludin crushing operations). DIRECTOR: The director of the Meridian city plar~I+rlg-depa+~Ier~ Community Development department or an authorized representative. . , HEALTHCARE AND SOCIAL SERVICES: The use of a site for ambulatory healthcare services. Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. Social service uses include, but are not limited to, individual and family services; community food and housing, emergency and other relief services: vocational rehabilitation services: services for the elderly and persons with disabilities: vocational rehabilitation services; and emergency and other relief services. APRIL 2012 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-001 PAGE 1 OF 30 , 1 3 ) J 1 TOWER, FULL ARRAY: A wireless communication facility that does not aualify as a stealth tower design or a slimline tower design. See Section 11-1A-2, figure 3 of this article. TOWER, SLIMLINE; A wireless communication facility, consisting of a monopole and one ar more antennas, on which the antenna panels are narrow and closely spaced with one another atop the monopole and does not exceed the standards set forth in 11-4-3-43. See Section 11-1A-2, figure 3 of this article. TOWER, STEALTH: A wireless communication facility which is disguised as another object or otherwise concealed from view. Examples of stealth facilities include, but are not limited to, street lights, field lights, flagpoles, trees or architectural elements such as dormers, steeples, and chimneys. VEHICLE SALES OR RENTAL AND SERVICE; The safe, rental, trade, or lease of new or used vehicles in operating condition and any repair work or minor service, Repair work or minor service shall include, but not be limited to, replacement of parts (e,g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts, Any operation specified under the definition of "vehicle repair, major" of this section is excluded. *~ Section 3. That Meridia~l City Code Sectioxa t ;i-~i A-2, Unified Deve~lop>~~ent Code, is amended to iuctade Figure 3 its tollows: APRlL2012 UYDA'I'E UNIIYtED DEVELC)PA'tEN'I' CC)llE TEXT AMENllMEN'I' O12171NANCE » LOA» l 2»001 T~AGE 2 OE 30 Section. 4. That Merdiln City Code section i 1-2A-2 he amexuled 1s follows: TABLE 11-2A-2 ALLOWED USES fN THE RESIDENTIAL DISTRICTS Use ~ R-2 R-4 ~ R•8 ~ R-15 ~ R-40 Arts, entertainment or recreation facility, outdoors' ~ - ~ - ~ C C ~ G ____ _ _. a~._.a.. ~ n_ Gemetery' - _. ,.. G C ~ C ~ G Ghurch or place of religious worship' ( - - , C G C i:._ Civic, social ar fraternal organizations' ~ - ~ - ~ G C C Construction sand and gravel mining ~ C C C G G Daycare center' - ~ C ~ G P ( P Daycare, family' - A A A C ~ ~ _. ~ . v ~~ ~ w_ . Dayaare, group' ~ _ - C P ~ P Dwelling, secondary' A - ~ A ( A ~ A , . A F Dwelling, single-family attached - ~ G ( P ~ P P _ _ _ Dwelling, single-family detached __ ~ P __ P ( _ ( P _. P A/C Dwelling, townhouse __:_ ..». ~ ~ C ~ P P G Dwelling, two-family duplex ~ C ,. ., ( P ~ . P G Education institution, private' .. , ~ C .. C ~ _ C . ~ C ..-._ Education institution, public' ~ _ ~ C ~ C P/C ~ P/C Home, manufactured ar mobile subdivision ~ - ~ - ~ C G G ~ ._ _ _ ..-.. _ Home occupation' _ ..; ~ -. A T _ A - A ! A --__ A ~ ___ _ __ Laundromat' x ~~ i ~ ~ ~~ ~ A Q C ~ Manufactured home park ~ ~- ~ ~~ . ~~ - ~. ~~~ ~ C Multi-family development'~2 ~ - - ( - G ~ G Nursing ar residential care facility' - G G ~ G Parking facility - .T . ... __ _ _ ~ ~_ _ . Parks, public and private ~ P P ~ P P ~ P Personal service .._.. ~ - ( - ~ - - A ~ Professional service ~ `~ A Public, infrastructure ~ G C ~ G C G Ap«rr.20t2 UYI~A'rE UNlF1Et)1~k:VELOPNIFN'I' CallE Tt~X'I' ~N1kNl~M~N'1' O1~~C?tNANC;E - ZOA- } 2-001 PAGE 3 OF' 30 9 _ .. .. .. ,.. ....:. .... Public orquasi-public use' ~ - - ~ C C k C Public utility, minor P P P ~ P P Recreational vehicle park , - ~ - - - ~ C ~ _ _ Restaurant ~ ~~~ ~ ~ ~ - ~~ ~ .w.,. A Storage facility, outside' A A A I A ~ A __ Storage facility, self-service' ~ A A A A A Verkically integrated residential project' - - ~ - G C Wireless communication facility' ~ PIC ~ P/C P/C P/C ~ P/C Wireless communication facility, amateur radio antenna' A/G A/C A/C AIC A/C Notes: 1. Ind'ieates uses that are subject to specific use standards in accord with chapter 4 of this title. 2. Mufti-family dwellings may be allowed in the R-4 and R-8 land use districts when included in a planned unit development (PUD). Section S. That Meridian City Code section l 1-2A-3(D} be amended as follows: 11-2A-3. RESIDENTIAL DISTRICTS STANDARDS; *:~ D: Encroachments Allowed In Any Setback; 1. Open structures such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project into any required setback by more than two feet (2'). 2. Chimneys, pop out windows, direct vent gas fireplaces, entertainment centers, window seats and other projections which do not increase the usable floor area and do not exceed eight feet (8'} in width may project up to two feet (2') into any required setback. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005} 3. One detached accessory building that '° ',~-man does not exceed one hundred twenty (120) square feet in area and eight feet (8') or less in height shah be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard. (Ord. 08- 1372, 7-8-2008, eff. 7-8-2008) Section fi. That Meiidian City Code section t 1-2B-2 Table be amended as follows: TABLE 11-2B-2 ALLOWED USES IN THE COMMERCIAL DISTRICTS AE'1ttt,2012 UYUA'fE UNCI~CEll Ur VE[.()E~MEN'C' Coll)', TFsX'I' A>V1fNUMEN'1' O}2llINANC;I » LOl~» 12-{)Ol PAGE ~t C)f= 30 Use _ ~ G-N C-C ~ C-G ~ L-0 M-E ~ H-~ ~ ~ -~.. ~ - ~ ..- ., ... ._ . __-. F.. . „ a r _ .. -. - , ~ ..~ _ Animal care facility' P P P ~ C i C i ~ _ _... Artist studio' P P P ~,.. w- ~ ...w ~ .,,.~ ~..._.a __ ..- ~ Arts, entertainment or recreation facility, indoor' -_._ .~.. P m P . ,.._ P YC ~ - ~ - Arts, entertainment or recreation facility, outdoor' . C P ~ P - ~ ~ - - ~ .e _~ Arts, entertainment or recreation facility, outdoor stage or ~ - _ C , i .. C ~.,... - . ,. m.. - - musicvenue ~ ~ w :._... _. _ _. .. _ Building material, garden equipment and supplies' C P ~ P t ~ - - ( - , _ ~ _. ,~.. ~ - _...._ ~. ~ _ Cemetery' . ~. .... ~ Y - _ r C - ~ .. , P.. . - ~ Church or place of religious worship' ( P ~ P P P ~N C C ~ _ .. ..~ ~ ,~ .. .,~ ,~ Civic, racial or fraternal organizatians' r _ C __ C C C - - Conference center _ . . _ ~ .r . ~ ~ ~. . ,a. ~ _ ~~ .:~. Canstructian sand and gravel mining ~ ~.~ ~ ~Cl C _ C ~ C ~ C __ .,. Daycare center' A/C A!C --. A/C P A/C (A/C ~ ,~, .~ m. _ ... -.~ - .. Daycare, family' ~ A A ~ A ( A ~ - - ,~.._ ... _::, ____ :.. .. ,.r.._. _ _ _, . w .....,,_ _ ____ _,~~. :.. _ _r ~.~ -. ~ Daycare, group' P P p ~ i P ~ C C Dispatch center for mobile services' C ~ C P C ~ ... C - ~. _. _ . _,.._ _ _ ... Drinking establishment' ~ _ _ G i _ C x . ~__ C - ~ - - ~ ,. ~ C Drive-through establishment' ~ A!C A/G ~ A!C ~ - ~ - ~ - ~ A .,... _- _- __ : Education institution, private' _ .. _ ' P P P - -~-P I - P _ ~ P Education institution, public' ~ P ~ P ~ P P ~ P P Equipment rental, sales, and service' ~ - C ~ C ~ - I - i - Financial institution' P ' P P ' P ~ P A __ .. Flex space' - ~ P P - _- P ~ - ... ..,. Fuel sales facility' ~ C P ~ P ~ - - ~ G a _ _ Fuel sales facility, truck stop' - - ~ C - ~ - , E - ~ - _. Healthcare or social services ~ P ~ P P P P P Home occupation' A A ~ A ~ A - I - _:.: Hospital' .. .....x ,.. - ~ C : ~ C ::-., C ___ P ~ ......., ~ ~ ~ _-.. t ~, _ - Hotel and motel' PlC ~~~! P/C -. PlG ~ ~ C ~ P AC'R1L2012 UY[~A'1'ki UNIF(EllDEVE'LOE'b4EN'l' Cn~E T~'XT AMENC)'n-1EN'I' QRUINAIVCE » 'LOA- I ~-f)01 PAGE 5 O'F 30 ~ . ~ ~, ..._. z - - !~ Industry, information' _ P ... P .w .. P _ C ..~ P ~ _ .e , P ~ .-. ~ ... _ Industry, light' -_, - . - ..___, C C - . P .k . . ~ C Laundromat' __ _ P P P G ., , Laundry and dry cleaning ,~ ~,)? P i i - A ~ .. -, ,~ ~, ....._ . rr - ~ . _- Mortuary ~ G -. ~ P P ' - - ~..... Multi-family development' ~ ~ AC ~ C - ~ ~ - ~ - Nursery ar urban farm' C P _ ( P G ~ - - Nursing ar residential care faaility' ~ C ~ C - ~ C - - Parking facility .. ., ~~ .. . . ~ G C P ~ C C P ~ . Tw . ~ a , Parks, public and private ~ P ~ P ~ P ~ P P ~ ~ P r «.~.., _.__ .._,_ _ ~ ,. -... ,.w, _- Personal service _ . P I P . _ P P -. A A _ ~_ _ ~. Professional service _ ~ P _ ~ ~ P _A P _, .,. P ~, ~ P E P ....F. _.... _..w .w.. Public, infrastructure' ~ C G ~ ...C ~ C ~ C C ~ . - _ ,-r _ .. __ Publio arquosi-public use' ~ P P __ P , .. ~ P . , , _... P P Public utility, minor ~ P I P ~ P ~ ..,P P ~ P Recreational vehicle park - ~ ..,~P. ~ ~ - Research and development facility - ~ P P P T Restaurant P ~ P . ~ P . ~ C ~ A I ~ A Retail stare P ~ ._._. I P i P ~ ~ A ~ , A ~. ~~ ~.r_ --.~, _ - _ -.~ _ _._ Retail store, wine and beer sales and servings' ~ ~ P _ . P P F- _. ,, m - A r ~ ..._ .. __ _ . _.. . _. Storage facility, outside' ~ A ~ A A - ~ - - ~ r~ . ~ -._ ... ,.- -_, , _- Storage facility, self-service' ~ - ~ G ~ .~ C ~ - ~ - - ~. ..__._. _.._ _ _.. ,, __ Vehicle repair, minor' A P i -. _. P , - - Vehicle sales ar rental and service' - G ~ P ~ - ~ - - Vehicle washing facility' G P ~ P - - A Vertically integrated residential project' ~ G P P ~ C ~ - ~ - Warehouse' . A ~ A/G ~ - . , rn Wholesale sales . ~ ~ - ~ - . ... - ~ .~ .. . .~ :.- r _ ..._., .... _ Wireless communication facility' - P/C P/C P/C .. (P/C P/C ~ P/C ' Wireless communication faaility, amateur radio antenna' '' AiC ' ABC A/C A/C F A/C , A~'C AYRlL2012 UYDA'I'E' UNIFI~1~ U~.V~'LOPh1FNT COll~ TES"I' APV1C/NUM)iN'1' 0121~INANCE - ZOA- I ?-001 hAG~ ~ OF 30 Note; 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. Section'7. That Meridian City Cade section 1 i -2B-3A(4) lie amended as follows: COMMERCIAL DISTRICTS: 11-263: STANDARDS: A. Dimensional Standards: *** 4. Hours of Operation: Business hours of operation within the L-0 and C-N districts shall be limited from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. Business hours of operation within the C-C and C-G districts shall be limited from six o'clock (6:00) A.M, to eleven o'clock (11:00) P.M. when the property abuts a residential use or district Extended hours of operation in the C-C and GG districts may be requested through a conditional use permit. ~#+s These restrictions apply+es to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries, ~#+s These restrictions does not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning, bookkeeping, and after hours work by a limited number of employees. Section 8. TI1~~t Meridian City Code section 11-ZL72 Table be amended its follows: TABLE 11-2D-2 ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS - _ r_._ _ _ _.. Use .,_,. ~ O-7 _~..._ , _ ~ 7N•C _.. ,, (7fJ-~i _ .. - Artist studio' ~ P P i ~ - Arts, entertainment or recreation facility, indoors' , , P C ( - fi . . . _... _. Arts, entertainment or recreation facility, autdocr stage or music venue ,. G C _, I - Arts, entertainment or recreation facility, outdoors' ~ G C - ~ r . .... a ___ Building material, garden equipment and supplies' C ~ C . . ` - ~~ ..._ .. __ _ Church or place of religious worship' ,. P ~ P C r _:.. ~ _ ,.. ... .. Givic, social ar fraternal organizations' ~ P ~ C ' G Conference center . P ~ - - ,_.., _ _ .... __.. Gonstruction sand and gravel mining G s- ...... ~ C r G Daycare center' ~ C _ G ,~ . _ CV __.. r _. _ , _._., . ,...,_. Daycare, family' . _ A _ .. ~. ~ A _ ~ ~ - =- A ~: ~ M , ..~ _ .. , r _ _ ~ _ .~ . m Daycare, graup' ~, ~ __ P P C Drinking establishment' ' C ' C ~ _ ., --- t Dwelling, secondary j A A E A At~[21t,2012 UYDA'I'h UNCFIEll t~r VFLOYiV1FsN'I' l.()ll~ Tl~'X'l' l~h~lErNt)A~1rN'1' ORt)1NANC`.k, - LOIA» } 2-001 I~A(if 7 (.)f' 30 .uw~ ,. ~, w.. _ ~~. i Dwelling, single-family attached ._ . .~ a P P N P .~ . __. Dwelling, single-family detached . . ( P C ( P ,Dwelling, townhouse ~ ~ ~~ ~~ ~ _~ ,~ _ ~_ ~~ ~ P P ~~ .. P .. __ Dwelling, two-family duplex ~ P ~ G . ~... ~ P . - -.. Education institution, private' P _. G C Eduaation institution, public' P ' (' P/C ~-,:_ .: Financial institution' ~ P i P ~ G Healthcare or social services P ~ P ~ - Home occupation' ( A ~ A ~ A ~. ~.r . .....~ ~ , .. ~ Hospital' _ ~ . ~ ,~, . C _ .r ~ - ., -._~,. ~ - Hotel and motel' ~ PIC ~ C ~ - Industry, information' PIC P/C ~ - Industry, light' C - ~ - ~_-..._~_ ~~A,~. ~._ ~. Laundromat' r~ ...,., _ __ __ _ _ P P _.-- A . .. . ,.._ _ ___ _ ..,_ _,. E La~ ndr; and cleaning ~.. LL - ,p, E I P Mortuary C C - .._-.. r....... , . ,.. __ _ . .. ,~.._.. ~ ~~., ,.. _ ...... Multi-family development' _ ._ P _. P .. ~ , ~ -.-,... P m., .. . ~ - .,_. ... m.. ,. ~n. ~. .~_ Nursing ar residential care facility' . _ _ _. ._ G _ G „ C Parking facility ~ C C ~ - Parks, public and private P P ~ P Personal service ~ P P C Professional service P ~ P ~ C ~ -- T _.. _ ,,. Public, infrastructure' .. , ~ r C [ C C ~ .. Public arquasi-public use' ~ P I P C F ..., _ ::,. _ Public utility, minor ~ ._ C P P Restaurant ~ P ~ P ; - P . _,: ,, .. __ _.:: ...., . ... _ Retail store _ ,. ~ P ~ P ~ _ ,._- - Retail stare, wine and beer sales and servings' ~ P P - ~ -- Vehicle repair, minor' ~ A - ~ - Vertically integrated residential project' ~ ~ .,u ~ P P ~., P API2(L2012 UI'llA'i"F UNI)~IEll DEVFLOP~4EN"I' COllI `T(rX'I' AMNNUAIEN'1" Ol2llINANCIJ - GOA-12-001 PACU~ ~ Oh 3U ~ _ v_ .~ ~~~ .... n . _~,. _ ~. __. .. ~ T. ,. ~ Wireless communication facility' ~ P/G P/G P/C Wireless communication facility, amateur radio antenna' ~ A/C A/C ~ A/C Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. Section 9. That. Meridian City Code section li-2D-6E Figure 13e amended as follows: 11-2D-6E Figure ' 4sD,D' 120.D' 60.0' 11tl.0' 50.0' ,12tl.0' ___ i ~ I t w .. _ .. - _._..._,-__ .. .. .._.. l I I 1 I i I '1 I' I I I 11 I ! ~I ~I I I I l I I I I, ( I I I I I I I I I I I I I I ,~ i i i i i i i i i i i i i i i i i i. `i i i i i i i i i i i i ii i i i i i i i i i i i i i A}~R1L2012 UPl)A'rE UNlF1Eu DEVELOP~}kzN'1' COllE `~EiX`1' AMFNU~q}~N'1' O}21~11~lANC;E - 2,OA- l 2-001 PAGE y C)F 30 Section 10. That a new section of Meridian City Code be added, section 11-3A-8(H), to read as follows: 11-3A-8; PATHWAYS: A. Multiuse and micro pathways shall be required consistent with the comprehensive plan within new residential and commercial developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the urban service planning area. B. The design and construction of multiuse pathways shall be consistent with the guidelines contained in chapter 3 of the Meridian pathways master plan. C. Right of way for micropathways in the middle of long blacks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, and/or shopping areas. D. Micropathways shall have easements at least fifteen feet (15') in width in accord with article B, "Landscaping Requirements", of this chapter. E. Micropathways shall be less than two hundred fifty feet (250') or two (2) lot depths in length, whichever is less restrictive, and have a walking surface of at least five feet (5') in width. F. Landscaping adjacent to pathways shall be installed in accord with article B, "Landscaping Requirements", of this chapter. G. Multiuse pathways along utility easements or connecting regional facilities shall have a hard surface area of at least ten feet (10') unless more is needed for utility access. H. All pathways through internal common areas shall be illuminated with a four (41-foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director. Such lighting shall be shielded from adioining residences. Section 11. Th~~t Meridian City Code section i i-3A-12(.B) be amended as follows: 11-3A-12; OUTDOOR SERVICE AND EQUIPMENT AREAS; A. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not be located within fifty feet (50') of any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible. B. Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, Safe access and adeauate lighting should be provided in these areas. Section 12. That a new section of IV)eridian City Code be added, section ll-3B-1(E), to read as follows: APRlL2012 L1Y1)A'I'r: UN11"1EU )~EVt~LC)F'Iv9E~N7' Cc)llBTFx'1' A,~tFNDM1rN'1' 012D1NANCl - `LOA-12-001 YAC)~ 10 C)h 30 11-38-1: PURPOSE: A. The regulations of this article are intended to promote landscaping in the city of Meridian that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city. B. The city of Meridian recognizes that landscaping can be a significant expense to business people and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution. C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of city residents to live, work, shop, and recreate in pleasant, healthy, and attractive surroundings. D. These regulations are intended to encourage the use of water conserving landscape designs and low water use plant materials and to discourage landscaping that requires high water use for maintenance, such as large expanses of (awn or turf. E. These regulations are intended to assist in the implementation of GPTED (Crime Prevention Through Environmental Design) strategies to reduce the opportunities of fear and incidence of crime and improve the aualit, off life. Section. 13. That a new section of Meridian City Code tae added, section 11-3B-S(P), t0 r`ead aS fot10WS: 11-3B-5: STANDARDS & INSTALLATION: ** P. Safety: 1. Landscaping shall be designed & installed in such a way as to provide natural surveillance opportunities from public areas and not create hiding places or blind spots. 2. Shrubs and plant material installed in close aroximity to windows and entrvways should be limited in size and be of slaw growing varieties to prevent overgrowth and concealment of windows and entryways creating opportunities for crime, Section 14. That ivteridian City Code section ll-3B-9(C)(6) be amended as follows: 11-3B-9: LANDSCAPE BUFFERS TO ADJOINING USES: A. Purpose:. The requirements in this section shall apply to the landscape buffer to residential and/or nonindustrial uses in section 11-26-3, table 11-2B-3 and section 11-2C-3, table 11-2C-3 of this title. The landscape requirements in this section are intended to ensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. Apit1L 20l 2 UYDA'1'~ UNIHIEll DEVELOr'MFN'I' Corn TFX7' An4ENI~MkN'I' O}Z~~~~t~~~~~. -LOA- l Z»00I YAG~, 1 I ON 30 B. Applicability; The landscape buffer is required in the G-N, GC, C-G, L-0, M-E, H-E, and 1-1. districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-H district on any property sharing a contiguous lot line with a nonindustrial use, C. Standards; 1. Buffer Materials: The materials within fhe required buffer between incompatible land uses are regulated as follows: a. Mix 0f Materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover. Fences, walls and berms may also be incorporated into the buffer area as set forth in subsection 11-3B-7C2c of this article. b. Barrier Effectiveness: The required buffer area shall result in a barrier that allows trees to touch at the time of the tree maturity, c. Buffer Wall And/Or Fence: Where existing or proposed adJacent land uses cannot be adequately buffered with plant material(s), the city may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wail or fence at least six feet (6') tall is provided, the planting requirement may be reduced to a minimum of one tree per thirty five (35) linear feet, plus shrubs, lawn, or other vegetative ground cover. Chainlink Fencing: Chainlink fencing with or without slats does not qualify as a screening material. Except in the I_b and I-H districts, Chainlink or cyclone fencing is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. 2. Minimum Buffer Size: The width of the buffer is determined by the district in which the property is located, unless such width is otherwise modified by city council at a public hearing with notice to surrounding property owners. The tables of dimensional standards for each district. in accord with chapter 2, "District Regulations", of this title establish the minimum buffer size, A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. 3. Pedestrian Access Landscape buffers shall facilitate pedestrian access from residential development to abutting commercial districts and vice versa, 4. Relationship To Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape buffers (see subsection 11-3B-8C of this article) when calculating the minimum width of the buffer. 5. Buffers Along Planned Pathways: (Rep. by Qrd.10-1439,1-12-2010, eff. 1-18-2010) o ~1p121L2012 C1}'UA'I'k:' UNIF'IEsI)1)I-:VELO[yM fN7' COllE TF Y'1' AM fNDA~111V'1' O}t1~INANCE - ZOIA-12-001 PAGE 12 (.)F 30 Section 15. That a new Me}~idi~u~ City Code section be added, Section 11-3B-13, to read as faliaws: 11-38-13: LANDSCAPE MAINTENANCE: A. Purpose: The regulations of this section are intended to ensure that ail required landscaping is maintained in a healthy, growing condition at all times. B. Applicability: The requirement for landscape maintenance applies in all districts where landscaping has been required. C. Standards: Responsibility; The property owner is responsible for the maintenance of all landscaping and screening devices required by this article. 2. Topping Prohibited: Topping any street tree required by this article is prohibited. 3. Tree Grates: Tree grates shall be widened to accommodate the gnawing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right of way. Dead And Diseased Plant Materials: Plant materials that exhibit evidence of insect pests, disease, and/or damage sha(I be appropriately treated to correct the problem. Dead plant materials shall be replaced. 5. Inspections: All landscaping required by this subsection may be subject to periodic inspections by city officials to determine compliance or to investigate, (Ord. 05-1170, 8-30-2005, eff. 9-15-2005} 6. Pruning: The lower branches of trees shall be pruned and maintained at a minimum height of six feet above the around or walkway surface to afford greater visibility of the area, except as otherwise required herein. Section. l6. That Me~7~idian City Code section i 1-3G4 be amended as follows: 11-3C-4; PARKING STANDARDS FOR SINGLE-FAMILY DETAGHED, TOWNHOUSES, SEGONDARY, DUPLEX AND SINGLE-FAMILY ATTACHED DWELLINGS: A. Use And Design Of Parking Areas: 1. Use Of Parking Spaces: Required parking spaces shall be used for vehicle parking only. Types Of Vehicles; Location Of Parking: Only ~Nst~~ automobiles and motorcycles displavina license plates and current registration may be parked in the required street yard. All other vehicles, including, but not limited to, vehicles without current registration, vehicles without license plates, recreational vehicles, personal recreational items, boats, trailers and/or other vehicles shall only be parked in the rear or side yard and shall be screened by a solid fence, six feet (6') in height. AhI21L2012 UY[)A'1'E UNCF~IFll D~V}LC.)PN1EN7' CC)ll~ TFx'r Ah~}E:Nt~MF N'I' O}tu~NANC:~, - "LOA» 12-001 PA<JF' 13 C)F 3U 3. Corner Properties: On corner properties vehicles maybe parked in the street side yard where such area is screened by a solid fence, six feet (6') in height; see section 11-3A-7 of this chapter for fencing regulations in street yards. 4. Location Of Parking Spaces Relative To Structure(s): a. Parking spaces for all single-family detached, townhouse, secondary, and duplex dwellings shall be located on the same lot as the use that they are intended to serve. b. Parking far single-family attached dwellings shall be located not mare than three hundred feet (300') from the structure(s), except as provided by section 11-3C-7 of this article, 5. Drainage Of Surface Water: All parking and loading areas shall provide property drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 6. Type And Number Of Parking Spaces: All parking areas shall be designed and constructed to provide the type and number of off street parking spaces required by section 11-3C-6 of this article. B. Improvements: Except as allowed in subsection B2 of this section, all off street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with concrete or asphaltic pavement, No aerson shall park, or allow to be parked. an automobile or motorcycle in the reauired streetyard on any surface other than compacted aravel base, not less than four inches (4"1 thick. surfaced with concrete or asphaltic pavement 2. Where the parking area is screened by a solid fence, six feet (6') in height, the off street parking areas and driveways shall be improved with a dustless material, including, but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks, or recycled asphalt (asphalt grindings). Gravel is not a preferred improvement material because it must be chemically treated every three (3} months to remain dustless, Such surface will only be allowed at the discretion of the director for temporary or shork term parking. Sectian 17. That Meridian City Code section l 1-3G6 Table be amended as fotlows: TABLE 11-3C-6 REQUIRED PARKING SPACES FUR RESIDENTIAL USE ~- _ _ _.. ~ Number 0 ~ ~ _ ~ m_ .. - _. f , Bedrooms (Per Use And Form Unit) Required Parking Spaces' ~, ., .:..: :::.._ .....:,.. ..::.::. .,...E .::.. :.:._ ._ Age restricted elderly housing 1 0.5 per bed (attached or detached) -- • - - 2+ 2 per dwelling unit; at least 1 in an enclosed E1PR1L2012 UP[~A"I'F UNII"CFll D1VL~LOP>ti4EN"I' COllI TEX"I' ~Vl k:NUM1EN'1' O}21~INANC'Y » GOlA-1 ?-UU 1 YAC7E: l ~ C)t~ 3U ~ ~ _ ~ .. garage, other space may be enclosed or a . ~, ._,_ .a .... -_ 'minimum 10 foot by 20 foot parking pad2 ~ _ . __. Dwelling, duplex and dwelling, I 1 2 per dwelling unit; at least 1 in an enclosed single-family (detached, 'garage, other space may be enclosed or a attached, townhouse) _ ~ .. minimum 10 foot by 20 foot parking pad2 _ . ._ ~ . ~ 213/4 . .. ... -Y _ _ _ _ i 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a _ e. ~ minimum 10 foot by 20 foot parking pad2 _ _ ~. ~ _ ~ ~ x ~ ~ 5+ _ _. _ ~. 6 per dwelling unit; at least 3 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking pad2 ~w ~_ _ .. _ _ _. _ ,~u.., ~ .._.., .... _ _~~~ .M._, ~..._, ._..~ .._... 1 1.5 per dwelling unit; at least 1 in a covered carport or Garage Dwelling, multi-family s _. . , _ . ~-_ -, .. _ (triplex, fourplex, ~ 2/3 2 per dweliina unit in a covered carport or garage apartments, etc,) __.._ .. ~ _ a,_ _--., _.. _ __ _ , _: _ __~ .. 4+ ~ 3 per dwelling unit at least 2 in a covered carport or ara e Dwelling, secondary 1 As set forth above for single-family dwellings as determined by the total number of bedrooms on -_ r . 'the property ~ , Vertically integrated residentialQ ~ .~ 1 ~ ~ .. -~ 1,5 per dwelling unit ~ 2l3 ' 2 per dweliina unit 4+ 3 per dwelling unit Notes: 1. The size of the garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet fora 1 space garage or carport and 20 feet by 20 feet fora 2 space garage or carport. 2. The parking pad shall be measured from edge of sidewalk or edge of paved travel lane (public street, private street, or alley) where no sidewalk exists. 3. For condominium aroiects, the_required number of parking spaces shall be determined by the director based on the proposed development, If the proposed development is similar to a single-family development, such standards shall apply. If the proposed development is similar to amulti-family apartment complex, such standards shall apply. 4. The reauired number of parking spaces for the residential portion of a vertically integrated project shall be in addition to that reauired fiorvon-residential uses as listed in UDC 11-3C-66. Section 1$. That Meridian City Code section l t -3D-8(A)(3) is hereby amended as follows: 11-3D-8: BUSINESS IDENTIFICATION SIGNS AC'R1L2012 UYUA`l`f3 Ut~-~r~;» l7nvr:'r.oF'Ni~r~T C017E Tnx`r An~lntvun~EN'r O121~fNANC~ » LOS- l 2-[)01 Y~,oe I S o~ 30 A. General Standards Far Business Identification Signs: The following standards shall apply to business identification signs in all districts: 1. Abandoned Signs: Except as otherwise provided in this code, any sign and/or sign structure located an praperky that has been continuously vacant for a period exceeding six (6) months or longer shall be deemed as abandoned. a An abandoned nonconforming sign and/or sign structure is subject to the standards set forth in section 11-1 B-6 of this title. b. An abandoned conforming sign and/or sign structures may remain. 2. Sign Maintenance And Repair: The owner of any sign and/or the owner of real property on which any sign is located shall maintain such signs and/or sign structures in a state of good appearance, security, safety and repair, including, but limited to, the following: a. Any metal pale covers and sign cabinets shall be kept free of rust and rust stains. b. Any internally illuminated sign cabinets or sign panels that have been damaged shall remain nonilluminated until repaired. c. Any sign that has been damaged to such extent that it may pose a safety hazard shall be repaired or removed immediately. d. Any exposed lamps or ballasts shall be prohibited. 3. Setbacks And Location Of Freestanding And Limited Duration Signs: In all districts, no part of a freestanding and/or limited duration sign, including the footing, shall be located closer than one #+ve feet ~1~') from any street property line and twelve and one-half feet (12.5') from any rear or interior side property line, unless greater separation is required. ,~ Sectia~ l9. That Meridian City Code sectioYls 1 l -3D-9(D){ t) azid (5) are hereby an~ei~ded as follows: 11-3D-9: ADDITIONAL ALLOWANCE FOR SIGNS OF A LIMITED DURATION *~ D. Process: 1. The applicant shall obtain a limited duration sign permit through the planning department far seven fifteen (15), thirty (30), sixty (60), sr ninety (90), or one hundred twenty (120) day time periods. It shall be unlawful for any person to erect or display on any property a limited duration sign without a valid and current limited duration sign permit 2. In no instance shall a limited duration sign requiring a permit be displayed for mare than one hundred twenty (120) days per calendar year per business. AYI'2IL2012 UYllA'1'F; UNlYrEsll Dr Vt~L()YMFN7' C()llE TFX7' AMFNllAi$N'1' Oltl)INANC`~ » LOA- l 7-001 PACiN; 16 (.)N 30 3, The applicant shall obtain a limited duration sign permit for every new and/ar renewed limited duration sign to be displayed. 4, Removal of any limited duration sign for any period of time shall not extend the expiration date for such limited duration sign permit 5-5, Any person displaying or erecting limited duration signs on any property shall obtain the written consent of the property owner and file that consent with the planning department prior to issuance of a permit. Section Z0. That Meridian City Code sections 1.1-3G-3(l3) be amended as i'ottows: 11-3G-3: STANDARDS: ** B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to: a, Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Community garden; c. Ponds or water features; or d, Plaza. 2. Additions to a public park or other public open space area. (Ord, 05-1170, 8-30-2005, eff. 9-15-2005) 3. The full area of the landscape buffer along collector streets may count toward the required common open space. 4. Fifty percent (50%) of the landscape buffer along arterial streets may count toward the required common open space. (Ord. 11-1482, 4-26-2011, eff. 5-2-2011) 5. Parkways along local residential streets that meet all the following standards may count toward the common open space requirement: (Ord. 05-1170, 8-30-2005, eff, 9-15-2005) a. The parkway meets the minimum width standard as set forth in subsection 11-3A-17E of this chapter. (Ord. 10-1439,1-12-2010, eff,1-18-2010) b. The parkway is planted with street trees in accord with section 11-3B-7, "Landscape Buffers Along Streets", of this chapter. A[~Rn_20t2 UYaA~r UNiHCED Dk,V~LOF'M'~N'I' CollE TF;~"1' AMENU~-1E:N'1' ORDINANCE » `LOA- l ~-001 PAGE 1 "7 0}~ 30 c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot ar common driveway shad be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of twenty six feet (26') by the width of the parkway, 6. Parkways along collector and arterials that are a minimum of ten feet (10') in width from street curb to sidewalk can be counted toward the open space requirement. 7. Stormwater detention facilities when designed in accord with section 11-38-11, "Stormwater Integration", of this chapter. 8.Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent f25%) of a required open space area. All ponds with a permanent water level shall meet the followina standards: a. The pond shall have recirculated water b. The pond shall be maintained such that it does not become a mosauito breeding ground Section 20. That a new section o1' Meridian City Code he added, section I 1-3C-3(U)(3) to read as follows: 11-3G-3: STANDARDS: ** D. location 1. The common open spaces and site amenities shall be located on a common lot or an area with a common maintenance agreement. 2. Common open space shall be grouped contiguously with open space from adjacent developments whenever feasible. 3. Common open space & site amenities should be located in areas of high visibility (i.e. along streets, where doors and windows overlook public areas, etc.) to reduce the opportunity far crime. Section 21. That Meridian City Code section 11-4-3-9(A)(4} be anietaded as follows; 11-4-3-9. DAYCARE FACILITIES: A, General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group; 1. In determining the type of daycare facility, the total number of clients cared for during the day including the operato-'s children, and not the number of clients at the facility at one time, is the determining factor. 2.On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. AP[2IL2012 LTI'DA'I`r UMNIEsll DEVF L()PMBN7' CC)17E TFX'1' AA4ENDRAt~N'1' O}2~iNANC;)/ - ZOA» I ?-001 PAGE 18 C)h 3U 3, The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval, 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shah provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance. The applicant or owner shall comply with ail State of Idaho and Department of Health and Welfare requirements for daycare facilities. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P,M, This standard may be modified through approval of a conditional use permit. 6. Prior to submittal of an application far an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-5C of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property, 7. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. ** Section 22. That a new section of Meridian City Code be added, 11-4-3-ll(C)(S) to read as follows: 11-4-3-11: DRIVE-THROUGH ESTABLISHMENT; A. Adrive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: 1) not within three hundred feet (300') of another drive-through facility, a residential district, or an existing residence; or 2) separated by an arterial street from any other drive-through facility, residential district or existing residence. Otherwise a conditional use permit is required. B, All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the cerkificate of zoning compliance or the conditional use permit. C, A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties, At a minimum the plan shall demonstrate compliance with the fallowing standards: 1, Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence, ~r'r21L2012 UYI)A'I'F; UN1FrEll llEV~ LC)PMEN7' Cor» T(X'I' f1N1EsNI~MEN'r' 012uINANC:ir - IOA- 12-001 1'AG~ 19 ON 30 4. Any stacking lane greater than one hundred feet (100') in length shall provide far an escape lane. 5. The site should be designed so that the drive through is visible from a public street for surveillance u oses. D. The applicant shall provide a six foot (6') sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. Section 23. That a new Meridian City Code section, l 1-4-3-17(C), be added as follows: 11-4-3-17: FINANCIAL INSTITUTIONS: A. The location, access and safety features of all automated teller machines (ATMs) shall be subject to review and approval by the Meridian police department, and in accord with the standards set forth in section 11-3A-16 of this title. B. All ATMs shall be deemed an accessory use to a financial institution. C. All approaches and entrances to ATMs should be hiahly visible and adequately lit so that people cannot loiter, or enter, without being seen. The addition of security cameras are highly recommended, Section 24. That Meridian City Code section l t-~-3-43 is hereby deleted in its entirety and replaced with the following: 11-4-3-43. WIRELESS G4MMUMCATION FACILITY; .Purpose; The purpose of this section is to accommodate the communications needs of the cit~of Meridian's residents and businesses while at the same time protectina the safety, aesthetic appeal and general welfare of the community, Furthermore. it is the purpose of this section to reaulate the impact of communication towers within the city limifs and to provide for the wireless communication needs of the public. The intent of this section is to; 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city of Meridian. 2, Minimize the adverse visual effects of communication towers and other similar structures through careful design standards. 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements. 4. Require the collocation of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. 5. Encourage the location of wireless communication facilities in non-residential districts andlor districts where non-residen#ial uses are allowed. 6. Encouraae the construction of stealth communication towers which are compatible with their surroundinas and do not detract from the overall visual quality of the city. B. Applicability: The followina provisions shall apply to any construction, installation, addition to or increase in the heiaht of any wireless communication tower. C. Process; The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facility is located. f~F'I21L2012 UI'llA'I'F Utat~r~Ul7rv~u~~t~Mn[~r Coue TH;~'~' Atiru~uti~~~r O}2~~it~rancn - ZOA- ('~-001 P~o~ 20 or 30 All proposed communication towers shall be designed (structurally and electrically) to accommodate the applicant's antennas as well as collocation for at least one (1) additional user, 2. A proposal for a new commercial communication tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved structure and/or tower, 3. It shall be the burden of the applicant to demonstrate the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. one or more of the following documentation shall be provided as proof that the new tower is necessary a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed collocation of an existing tower or facility would be in violation of anv state or federal law, c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. d, The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed en iq Weer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified Radio Frequency engineer. 4. Collocation of new equipment shall meet the following standards; a, Collocation of new equipment on an existing approved tower within anv district shall be deemed a principal permitted use and shall require a certificate of zoning compliance prior to installation, b. Any new equipment sha(I be mounted to the following i. Existing poles or streetlights ii. Buildin s iii. Towers c. Where the applicant does not own the supporting structure, antennas attached to support structures .shall be allowed only after securing written documentation from the owner and other responsible parties, as applicable, d. Streetlight mounted antennas shall meet the following standards: i. Streetlights or poles with attached antennas shall be separated by a minimum of five hundred feet (500'). ii. Antennas attached to streetlights or other city owned poles shall be constructed so the existing foundation can support the antenna and the pole. The public works director shall determine if the benefit derived from the new antenna is greater than the maintenance and increased utility fees associated wifh the antenna, iii. Antennas attached to streetlights or poles shall not exceed ten feet (10') above the structure. iv, Antennas attached to streetlights shall be designed to be architecturally compatible with the structure or to match the color of the streetlight or pole and shall be attached only to Meridian standard streetlights (not on ornamental fixtures). e. Roof mounted antennas shall meet the following standards; i. Roof mounted antennas shall only be allowed on structures with commercial, industrial, or allowed non-residential uses. F1PI21L2012 UYVA'I'F UN1)'1Ell DE\~ELOPMEN'1' COllE `TEXT' AME3Nl~MEN'I' O12DINANCE » lOA» l2»001 PAGE) 21 OF' 30 ii. Roof mounted antennas shall only be located on a flat roof and shall be screened, constructed, and/or colored to match the structure to which the antenna is attached. iii. All roof mounted antennas shall be screened as viewed from the farthest edge of the adioinina right of wav. f, Wall mounted antennas shall meet the following standards: i. Wall mounted antennas shall be allowed only on structures with commercial, industrial, or Mowed non-residential uses. ii. Wall mounted antennas shall not extend above the wall line of the structure, iii. Wall mounted antennas shall not exceed 40 square feet in size and the maximum distance from the wall shall not exceed 4 feet per sector, iv. A maximum of four {4} wall mounted antennas shall be allowed per structure per sector. v. A maximum of three {3) sectors are allowed per structure. vi. Wall mounted antennas and associated equipment shall be constructed of a stealth design to match the color of the structure and to be architecturally compatible with the building; g. Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. Stealth tower facilities shall meet the following standards: a. Stealth towers in residential districts with allowed non-residential uses shall require conditional use permit approval. In all other districts. stealth towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation, b. Facilities shall meet the setbacks of the zoning district, except for facilities on a property abutting a residential use or a public right-of-way shall be setback a distance equal to the height of the tower. c. Anv facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessa pry ermits. Slimline Tower Facilities shall meet the following standards; a, Slimline towers in residential districts with allowed non-residential uses shall require conditional use permit approval. In all other districts, slimline towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation, b. Facilities on a property abutting a residential use shall be setback a minimum of one hundred fifty feet {150'). c. Facilities in all other districts shall meet the setbacks of the zoning district, except far facilities on a property abutting a public right-of way shall be setback a distance equal to the height of the tower. d. The maximum visible width of antennas and antenna support structures on a slimline tower shall not exceed ei hta feet (8') in height and four feet (4'} in width. e. Anv facilities not meeting these standards shall require approval of a conditional use permit, in addition to anv other necessary permits. Full Arrav Tower Facilities shall meet the following standards: a, Full array towers in industrial districts shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. Fu(I array towers are prohibited in all other districts. b. Facilities on a property abutting a residential use shall be setback a minimum of one hundred fifty feet (160'}. APUlL2012 UYllt1`l'F Ut~lrr~u D>~,vrL<~hivf ~tv'r Cor~>J T~x`I' AMUt~1~M~NT O>7~IrJ~rvc>J - ZOA» l 2-001 Y~U~ 22 or 30 c. Facilities on a property abutting a public right-of-wav shall be setback a distance equal to the height of the tower. d.Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. $. Lattice or guyed designed structures are prohibited. 9. Amateur Radio Antennas (i.e., HAM Radio Antennas) shall meet Amateur Radio Antennas. (i.e., HAM Radio Antennas) shall meet the following standards: a. Towers supporting amateur radio antennas that do not exceed the maximum building height limit for the district in which they are located shall be deemed an accessory use and shall require certificate of zoning compliance approval prior to installation. b. Towers supporting amateur radio antennas that exceed the buildin~ght limit for the district in which then are located shall require conditional use approval. c. Within residential districts, no towers supporting amateur radio antennas shall be placed within the required front, side or street side yard. d, Within nonresidential districts, towers supporting amateur radio antennas on a property abutting a residential district with a residential use, a residential district, or a public right-of way shall be setback a minimum of one hundred fifty feet 150' . 10. AI! other wireless communication facilities that do not meet the standards as set forth in this section shall require conditional use approval. Q. Required Documentation; The applicant shall provide the foilowina documentation with the request for approval of a wireless communication facility: 1. For all wireless communication facilities. a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section. if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 2. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area lar e enough to provide an understanding of why the facility needs to be in the chosen location, 3. A statement regarding compliance with regulations administered and enforced by the federal communications commission (FCC) and/or the federal aviation administration (FAA). E. Design Standards: All new communications towers shall meet the foilowina minimum design standards: 1. Ail towers shall be designed to be architecturally compatible with the surrounding buildings and land uses in the zoning district. or otherwise integrated to blend in with existing characteristics ofthe site. 2. The facility shad be painted a neutral, non-reflective color that will blend with the surrounding landscape, Recommended shades are gray. beige. sand, tauae, or light brown. All metal shall be corrosive resistant or treated to prevent corrosion. 3. All new communication tower facilities shall be of stealth or monopole design, unless the decision making body determines that an alternative design would be appropriate because of location or necessity. 4. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of wav or property line. 5. The facility shall not be allowed within any required street landscape buffer, 6. AO new communication tower facility structures require administrative design review approval, in addition to any other necessary permits. Structures contained within an underground vault are exempt from this standard. 7, Any equipment at ground level shall be screened by a sight obscuring fence or structure. f1PR1L2012 UwA'I'H UNt~1El~ I~E.VELO~E'N1FsNT C017~ TEXT' f1MENUME'N'1' ORI~Tt~rANC:E - ZOA-12-001 PAC3E' 23 Oh 3U 8. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5'1 wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations where the visual impact of the tower is minimal, the applicant may request a reduction to these standards through the alternative compliance process in accord with chapter 5, "Administration", of this title. 9. All climbing peas within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. F. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be reauired to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the city council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tawer and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property Sectioa~ 2S. That Meridian City Code sections 1.1-SA-5(C) and (D)(1) are hereby amended as follows: 11-5A-5: PUBLIC HEARING PROCESS: ** C. Neighborhood Meetings: 1. Applicants for s applications requiring a public hearing are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application, except a neighborhood meeting is not required for city council review, a vacation, and/or short plat. 2. Notice of the neighborhood meeting shall be provided to all property owners of record within three hundred feet (300') of the exterior boundary of the application property. Notice of the meeting shall be either hand delivered or mailed to the recipients. 3. Notice of the meeting shall be provided at least five (5) days prior to the meeting. The meeting shall be held not more than three (3) months or less than five (5) days prior to the submittal of an application. D. Posting of Public Hearing Notice; 1. Required; All applicants for ~ applications requiring a public hearing shall post the subject property, except pasting is not required for a unified development cads text amendment, comprehensive plan text amendment, vacation, comprehensive plan map amendment initiated by the city, and/or short plat. ** Section 26. That Meridian City Code section 11-SB-:~ is amended as follows: 11-56-3; ANNEXATIONS AND REZONES; API21L2012 UYI)A'I' UNIFIEI)1~~V~L(.)C'MEN'1' COLE TF?C'1' AMrNDMr N'1' Ol2l)INANC;~ -LOA» I ~-()~} 1 PAC7~ ?~ C.)h ~0 A. Purpose; The purpose of this section is to establish procedures for annexations and rezones, including amendments to the official zoning maps. B. Applicability; The provisions of this section shall apply to al( lands within the legally defined Meridian city limits, the Meridian area of city impact, and all other annexable properties as set forth in Idaho Code section 50-222. C. Process; 1. Annexatian and/or rezone initiated by council: The city council shall follow the procedures far annexation asset forth in Idaho Code section 50-222. 2. Annexation and/or rezone initiated by property owner: The applicant shall complete a preapplication conference with the director prior to submittal of an application for an annexation and/or rezone. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the director on forms provided by the department. 3. . If the annexation and zoning request is not accompanied by a plat, conditional use permit, or planned unit development, the applicant shall provide a conceptual development plan that depicts streets, access paints, parking, and location of building, unless waived by the City Council. 4.The council shall apply the standards listed in subsection D of this section and the findin s la isted in subsection E of this section to review the annexation and/or rezone request. Q. Standards; 1. The subject property shall meet the minimum dimensional standards of the proposed district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 2. The city may require a development agreement in conjunc#ion with the annexation or rezone pursuant to Idaho Code section 67-6511A. When required, said development agreement shall be signed by the property owner and returned to the city within two (2} years of the city council granting annexation and/or rezone. (Ord. 10-1463, 11-3-2010, eff. 11-8-2010) a. The termination of a development agreement shall result in fhe reversal of the official zoning map amendment approval and applicable development approval for any undevelaped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification in effect prior to approval of the development agreement. b. Any action by the council to amend or terminate a previously recorded development agreement shat( be recorded in the office of the Ada County recorder by the clerk to the council. E. Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings; ApI2lL2012 Ul'DA'i'F Ur~-HrF a I~~,vru~~N~~r~~r collr, Thar AN~~Nnn-~Nr~~r OxUiN~r~re - ZOA- 12-001 P~c~F 25 c~h 30 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 4, The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing pubiic services within the city including, but not limited to, school districts; and 6. The annexation (as applicable) is in the best interest of city. F. Development Agreement; 1. The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Cade 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. 2. 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 chapter 5, "Administration", of this title. When approved, said development agreement shall be signed by the arooerty ownerfsl and returned to the city within two (2) years of the city council granting the modification. 3. 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 retumed to the city if filed prior to the end of the two (2) year approval period, Section 2'7. That ivleridian City Cade sectio~~ l 1-5B-S Table be ame7~ded as t'ollaws: TABLE 11-56-5 ALTERNATIVE COMPLIANCE Permit Common driveway ~- Fence requirements Height maximum in commercial districts Heighf maximum in industrial districts ~ .. . Height maximum in TN-C districf Landscape buffer for wireless communication facilities Section 11-6C-3 11-3A-7 11-26-3 11-2G3 ~ ~- 11-2D-5 11-~-3-43E Apntr.2012 UYDA'r~ UNI~I~I~ I7k~VELOPN1EN"1' C017~ TEXT ~Mt~NUMEN'1' O}21~INANL:E - 103- I ~-001 PAGE 2~ Oh'30 Landscape requirements ~ 11-36 Landscaping for base of freestanding sign ~ 11-3D-8 Lightingstandards for pathway along State Highway 55 11-3H-4C3 ,.~_~. Outdoor lighting requirements ~ 11-3A-11 Parking and loading plan requirements 11-3C-5 f Parking requirements ~ 11-3C-6 ~.., _ Private street standards __ , (11-3F-4 Projecting sign allowance 11-3D-8E and F Sign location in the d-T district 11-3D-5 Structure and site design review standards ~ 11-3A-19 Section 2$. That Met7dian City Code sections l l -513-6(C) is amended as follows: 11-58-6: CONbITIONAL USES: ~~* G. Transfers and Modifications: 1. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same time limits and conditions of approval as the original permit holder(s). A conditional use permit is not transferable from one property to another. 2. The director may approve or deny specified minor modifications, provided such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties. Such minor modifications include, but are not limited to, the following: a. A reduction in density not exceeding twenty five percent (25°l0) of the total units. b. Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography ar access. c. Minor changes to the recreation area or open space design, but not elimination or reduction in area. d. Increase in building square footage, not exceeding twenty percent (20%), provided that the parking and landscaping requirements are met. 3. All other madifications shall be considered by the planning and zoning commission at a public hearing. The commission may modify the conditions, limitations andlor scope of the permit, in accord with the limitations and requirements of subsection F of this section. f1r'[2fL2012 UYllA'1'h. UNlHlhl) DY.Vt~LOP~4FN'I' C;OllE TE:)C7' Ah~1~NllAAY:N'1' O}2i)rNANt'~, - ZOA- l 2-001 RAGE 27 C)H' 3U 4, A change in ownership #er of a daycare facility sil+fy far children shall require-a ( the new applicant or owner to comply with the specific use standards listed in 11.4-3-9 DAYCARE FACILITY Section 29. That Meridian City Code section 1 l -SB-B lae amended. as follows: 11-55-8: ADMINISTRATIVE DESIGN REVIEW A. Purpose: 1, To produce attractive developments with unique character and quality architectural design, 2, To minimize the impact of the scale, bulk and color of large structures on surrounding properties. 3. To encourage high quality building design that employs the use of good design principles and features quality, durable materials. 4. To protect the safety and convenience of pedestrian access within developments and to build attractive pedestrian amenities. 5. To provide greater attention to the design and location of structures in relationship to the surrounding street, 6. To locate noise generating activities away from any adjacent residential uses. 7, To create attractive and quality designed structures reflecting the unique character of Meridian along the city's entryway corridors. 8. Ta promote quality growth patterns that support economic development and the efficient use of resources. 9, To guide the design of structures, not control the type, intensity or density of the use, (Ord, 09- 1394, 3-3-2009, eff. retroactive to 2-4-2009) B. Applicability: 1, Administrative design review shall be required for all new commercial, industrial, institutional, public or quasi-public development subject to conditional use, certificate of zoning compliance andJor building permit approval, except development meeting one or both of the following standards shall be exempt; a. The structure andJor addition is fully screened from view from all abutting property lines; b. The structure andJor addition is less than one hundred twenty (120) square feet in area and is not visible from a public street, private street, or abutting residence; andJor c. No exterior improvements are proposed. (Ord. 11-14$2, 4-26-2011, eff, 5-2-2011) ~PR1L2012 UYDA'1'k~ UNlrthu DliVt~LOF'N1F'N7' CC)llE `Tk~X"1' flil~lF'NllAAFN'1' O}2U~NANC:1 - lOA-12-001 YACi~ 28 OF 30 2. Administrative design review shall be required for all new attached residential structures containing two {2) or more dwelling units. Administrative design review shall not apply to the construction, addition, removal, or modification of detached single-family homes and/or secondary dwellings unless required as park of a development agreement. 3. Administrative design review shall be required for all exterior building alterations, including, but not limited to: the addition, removal, or modification of architectural elements, such as doors, windows, awnings, and arcades; building remodels where all or a portion of a structure is modified, including entrances, facades, rooflines, and building expansions; a change in exterior materials and/or color scheme; or any other alteration that modifies the exterior appearance of the building, approved conditions, and/or the requirements in this title and/or the "City Of Meridian Design Manual". 4. Administrative design review shall be required for all site alterations, including, but not limited to: the addition, removal, or modification of site improvements and/or features, such as access, parking, and landscaping, or any other alteration that modifies the site, approved conditions, and/or the requirements in this title andlar the "City Of Meridian Design Manual". 5, Administrative design review shall not apply to interior tenant improvements, C. Process: 1~. For projects requiring only certificate of zoning compliance approval, the applicant shall submit a written application for administrative design review concurrent with the certificate of zoning compliance application 2~. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the director on forms provided by the planning department. 34. The director shall apply the standards listed in section 11-3A-19 of this title and the guidelines as set forth in the "City Of Meridian Design Manual" to review the administrative design review request, 4a. The administrative design review approval shall be exercised with the approval period of the underlying permit or the approval shall expire. For example, if the underlying permit is a conditional use permit, the design review approval will expire two {2) years after approval. D. Required Findings: In order to grant approval for an administrative design review, the director shall determine that the proposed structural and/or site designs conform to the standards and meet or exceed the intent of the "City Of Meridian Design Manual". Section 3~. That all other proti~isions of Title l l a~s they relate to the Unified Development Code remain unchanged. Section 31. That pursuant to the affirmative vote of one-half (I /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one Ar~it-~2012 UYVA'I'F UNrnr[i~ DEV~L()PMEN7' Conn, Thx•r An-~r:NUn-~r n~•r O~zr~~N,a~vcn - ZOA- 12-001 P.ac,n 2J oh 30 (1) reading in full be, and the same is hereby, dispensed with, a~ accordingly, this Ordinance shall be in full force and effect on p2~ ~ 2012. PASSED by the City Council of the City of Meridian, Idaho, this ~ day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day of 2012. APPROVED: ATTEST: TAMMY WE AYOR APRIL 2012 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-001 PAGE 30 OF 30 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.12- ~/ AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. , Mayor and pity Council By: Jaycee Holman, City Clerk ceD nv~Gsr {, 1 4,+ City of ~ ID\ AHp ~r~P~~rle 76EA5~~~~~~ First Reading: $- /(o ' /.Z- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES / NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0.12- S/ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 12-~_ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ~ day of , 2012. L. Wllliam. L.M. Nary, City Attorney APRIL 2012 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE -SUMMARY PAGE 1 OF 1 ri i n ity unil t®n T o Maur 16, 2012 I g J ITEM TITLE: Future Meeting Topics DATE: (E-MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS Meridian City Council May 16, 2012 Page 5 of 17 within the city. The second -- or, excuse me, the third application -- I will skip down to the fourth one first. The third one that we recommended for funding was submitted by our Parks and Recreation Department. They submitted for an A.D.A. accessible restroom in 8th Street Park. It's our only park facility that does not have a restroom and the Parks Department has said they believe that the usage is down in that park because there are no restroom facilities. You may be familiar over the last couple years we used some of our stimulus funds to do a pathway connection to that park across -- I believe it was Five Mile Creek -- across Five Mile Creek. So, there is connections to that park, so they think the restroom facility would be an enhancement to that -- to that park. And the Parks Department has stated it's come up as a priority for them, but it's not in their capital improvement plan for the next ten year horizon. So, that project was 130,000 for design and construction. The last application that fell under this nonpublic service category was submitted by our urban renewal agency by the Meridian Development Corporation for the construction of the historic lighting along phase two of the Meridian Road split corridor. They submitted a funding request of 100,00 dollars. The total project cost looks like it will be about 450,000. This one the scoring committee was very supportive of the application, but there is some complicating factors and I'll explain that. We had -- we have funded the design through our grant for this project, so it's really important that we see this project constructed and completed. As you know we can't -- we don't get credit through the U.S. Department of Housing and Urban Development for expenditures of those funds until the project is constructed and completed. However, for cost saving purposes, MDC is looking at having the lighting bid with the entire roadway project. If that happens and if we funded a portion of that lighting project with the grant, the requirements to Davis Bacon wages opens up to the entire roadway project, which would be astronomical. Usually you assume a 20 to 30 percent increase in your wage costs and when we found that out we were so disappointed. We thought we could look at just the lighting component of it. We knew that we were going to have to pay Davis Bacon if we paid a portion of the lighting project with the grant funds, but when we found that it would be -- it would open up the entire roadway project and no other federal dollars are being used for this project, we think we would lose the cost savings from having it bid with the roadway project, in addition to increasing it for ACRD and all other things. So, we support the project, we want to see the project completed, but we don't believe the grant funds are an appropriate use at this time. So, we were really disappointed to find that out. We talked with MDC last week and we talked with the project manager at ACRD and he confirmed that they have no other federal dollars. So, by throwing -- if we contributed any amount to the lighting project it would -- it really just throws a wrench into everything. So, we really -- as much as we supported the project, that's the reasons why we didn't recommend funding it for this year. And with that I will stand for any questions. And I'm open to -- you know, if you have other ideas about the funding amounts or questions about the project, I'm happy to answer any questions that you may have. De Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor? Meridian City Council May 16, 2012 Page 6 of 17 De Weerd: Mr. Hoaglun. Hoaglun: Lori, if we can go back to the one slide on the senior training. Den Hartog: Yes. Hoaglun: Can you refresh my memory -- I know you have gone over it before, but, you know, this is a new applicant and they -- you know, recommending 12,000 dollars if we do that. There is a process that you will go back later on to make sure that funds were spent appropriately. Can you kind of go through that again for me? Den Hartog: So, with this application they had originally submitted a request for 40,000 dollars, as you can see. They had estimated a goal of placing five to ten seniors a month for the year for the amount. So, we are looking at about a quarter of that for the amount that we are spending here. What we do is -- this company will have to -- more than likely it would be one or two staff that will be involved with this particular project. They will have to track their time and submit that to the city, so they will have their expenses and, then, submit for reimbursement. We review all of those expenses and all of their tracking and we are going to be looking for what types of goals they are able to reach, if they are able to place the seniors. So, one of the things our committee was really interested in seeing was actual results and how many seniors that there are able to place and that was one of the reasons we did substantially less than what they had requested. We thought we could give it a try and I talked with Becky McKinstry, she's the owner of Open Lines Training who had submitted the application, and talked with her about, you know, can you still accomplish some things with this amount, you know, with this funding level and she thought that that was possible. She said they might restructure it a little bit to do possibly some more group trainings, as opposed to one on one's that they might have done had the funding been at a higher level. So, we are interested in seeing what they can get done for this amount and that will be something that I'll report back to Council on at the end of the year and see what that looks like and anytime they submit for reimbursement we will be looking for those -- for those targets at that time. So, it will be typically on a monthly basis. Hoaglun: Okay. Great. Thank you, Lori. De Weerd: Any other questions from Council? Bird: I have none. De Weerd: Having no further questions, Council, this is just apre-draft -- Den Hartog: Yes. There is no motion needed and I will take your comments or thoughts if you have them, but, otherwise, I will be back in June with something -- with the action plan that has this information in it as well. De Weerd: For public comment -- Meridian City Council May 16, 2012 Page 7 of 17 Den Hartog: Yes. And that will open the public comment period. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say go forward the direction you're already going. That sounds right to me. Den Hartog: Okay. De Weerd: Okay. Thank you, Lori. Den Hartog: All right. Thank you. B. Public Works: Water Master Plan and Water Conservation Plan Adoption De Weerd: Okay. Item 7-B is under our Public Works Department, so I will turn this over to Kyle. Radek: Madam Mayor, Council Members, tonight the engineering division of the Public Works Department brings the water master plan and conservation plan before you for either adoption or if you prefer to table the adoption, we can -- we can wait another couple weeks if you haven't had enough chance to look at the water master I believe we provided to you about -- with executive summary about three weeks ago and gave you a link to the main document. In any case, I'm going to have our consultant from Murray Smith and Associates David Stangel, who is the project manager for the water master plan. I'm going to have him give you a presentation and, then, we will stand for questions and just from my perspective when I first joined the city in 2006 we were just completing our last water master plan and Dave Spangle was also project manager on that from a different company at the time. Just a few things that are markedly different about this master plan from the one that was finished in 2006. The development of an entirely new water model was done with this master plan. Up until this spring we had been operating on a -- on a platform we liked to call Gradynet and you may recognize that name. It worked very well. Len Grady actually developed that -- the database that runs that water model by himself. Phenomenal. But when -- when things break there is no Gradynet, Incorporated, to call. So, we had MSA develop a new water model for us in InfoWater, which is supported by MWH. We did an operations and maintenance review this time, we did a financial review, we looked at population and demand projections beyond DEQ requirements and, of course, as you know the development of a water conservation plan in parallel was also included and we have presented that to you a couple times. So, with that I'm going to let David come up and give you a briefing on the master plan, what it was about and what it entails, then, I will come back up and we will stand for some questions. Meridian City Council May 16, 2012 Page 8 of 17 Stangel: Thanks, Kyle. Madam Mayor, Council Members, thank you for the opportunity to come and present this tonight. As Kyle mentioned, this is actually the third water master plan I have worked on for the City of Meridian, so -- the second one with Kyle. And I have to say I really enjoy working with the city Public Works staff, and in particular Kyle. He's a -- De Weerd: He's kind of entertaining, isn't he? Stangel: He's a good guy and he's one of these people that tells it just like it is and I really appreciate that as a consultant. So, I appreciate that. I also understand there is some incentive for me to wrap things up relatively quickly tonight, so I am open to questions, but -- so interrupt me as things go on, but I will try to be relatively quick in this outline. So, we have about 20 slides to go through. So, from an outline standpoint we have our master plan sections we will go over briefly. Kyle mentioned several of those already. We will have the summary to go through. Kyle will come back up and talk a little bit about the master -- or the -- excuse me -- the conservation plan adoption and, then, we will open it up to any general questions. But don't let that stop you from asking now. So, plan sections, description system, obviously, is some of the basic contexts. Population demand. Forecasting obviously very important. Kyle alluded to we did some water supply planning, a little bit more comprehensive this time than we had in the past. We looked beyond 20 years. We did a systems analysis, which really focuses on using that hydraulic model to identify hydraulic deficiencies in the system. We looked at water quality and the associated regulations that the city needs to meet. We looked at operations and maintenance, ultimately developing a capital improvement plan and also completing a financial review of that -- of the finances compared to the capital improvement plan. So, the existing system -- this is, obviously, no news to most of you. Four current pressure zones, five -- a sixth one planned here in the near future. The city has over 400 miles of pipe. About 20 wells currently in operation, 4,400 hydrants, so a pretty large system. Most of the -- most of the piping is eight and 12 inch. As you can see it's a nice grid which provides the city a lot of flexibility in terms of being able to move water in a lot of directions and that's great from -- particularly from a redundancy and emergency firefighting perspective. So, population projections. So, we used COMPASS information for this and this is a community planning association here that focuses on southwest Idaho. And what they do is they break up these projections on traffic analysis and these are kind of smaller polygons, then, that allow us to look at certain areas and identify how much growth is projected there over the next 20 years and beyond. So, for zero to 20 years we wanted to look at an area-by-area projection in terms of how much growth is going to occur in certain parts of the system, so, then, we could apply that growth rate directly to the hydraulic model and analyze things from a much more specific perspective. Beyond 20 years we are more interested in a long- term supply standpoint, how much water could the city need in 50 years say and so looking at it from an overall perspective. As Kyle mentioned, DEQ only requires a 20 year evaluation of the system, with a lot of emphasis put on the next five years in terms of what capital improvements is the city going to be making. The service area projections. This is always a challenging one in that you have to identify what your Meridian City Council May 16, 2012 Page 9 of 17 service area is going to be, so that COMPASS will provide growth for, you know, these sub areas within the system, but you have to tell it where can we serve and so what we see here in red is, basically, the city's existing service area. What we see in green, then, is what we -- we sat down with the planning group at the city and said where do we anticipate growing over the next ten years and so you see the green boundary there kind of expands from where the red -- red is and grows out there. But there is no -- you know, this is one of those soft science areas in terms of a little bit of art and a little bit of science in terms where these are going to grow. No one exactly has the crystal ball dialed in. 2030, then, with the blue boundary and, then, out to the ultimate impact area there that you see the ultimate extent of the system. So, what does this mean in terms of population? So, right now the city has a service population somewhere between 65 and 70 thousand. Now, why that isn't exact is because there are people within the city who don't use city water and so there is -- there is some variation in that. Based on the COMPASS projections by 2020 the city could see as many as 100,000 plus people, once again, depending on what growth rates do. 2030, maybe 140. By build out -- and this number was the interesting one -- if everybody within the city's impact area used city water and it developed to the ultimate density that is applied to the land use planning, you could see upwards of 300,000 people, which -- you know, that's a big number and associated with that, of course, then, there is big water usage requirements. So, historic water use. So, this provides some graphic basically between 2000 and 2010 and what you see there with the blue dots is population growth and so no surprise big increase up until about 2007 when things kind of flatten off. What we see with the red dots, then, is average day demands, from an average yearly perspective how much water is being used and so you see that kind of peaking in 2007 and flattening off, then, after that. Now, the critical number from a supply standpoint is max day demand. That's what the city has to be able to supply from their wells and so that's the number to focus on. So, if you look at that, that, once again, that kind of peaked up in about 2007 and then -- and, then, trailed off a little bit from that at about 20 million gallons a day. So, that's in context. So, the other interesting part, then, is looking at per capita water use. How much water is used by each individual person in the city. So, once again, the same time frame we are looking at here, same blue dots describing the population curve. Now, what we see, though, in the red is decreasing per capita water use over that period. So, substantial amount. So, in 1998 or 2000, you know, you're up above 200 gallons per capita per day. In 2010 you're down in the 130 range. Now, what's that attributed to? A lot of it's attributed to new development being required to use non-potable irrigation. So, new customers come on board, they use the canal water to water their lawn and things during the summer. The other thing I think we would attribute is just people's awareness and conservation and also the economic impact of paying their bills every month. So, watching that. So, the question is, though, how far down does that per capita water usage go? Can it go much lower than it is now or -- there is some diminishing return once the vast majority of the city's residents get on non-potable irrigation. So, that becomes a question of what do we use for projection purposes for that per capita number. So, from a master planning standpoint we want to be relatively conservative and here we have a map of where we have identified where people have non-potable irrigation options and that you see that area in green. Now, where we have got potable irrigation or a cluster of customers that don't, what you see Meridian City Council May 16, 2012 Page 10 of 17 there in blue, which is not surprising, kind of some of the older parts of town and those types of things. But it was an interesting graphic and before this master plan the city really hadn't had a tool to identify that, because that doesn't show up on water bills or anything else. What we did is we took the water usage record and identify huge discrepancies, then, between winter water use and summer water use and where you saw a big difference, then, you assume that -- you know, that you have potable or non- potable irrigation. So, some interesting information there. One of the other things we did look at in association with this was what would the water savings to the city be if you spent the money to convert those customers to non-potable and it ends up being very expensive to retrofit non-potable irrigation systems, but it was an interesting evaluation. So, the system wide average we had 130 gallons per capita per day. Areas using potable irrigation averaged 215 gallons per day, those on city water to irrigate their lawn, and those with non-potable average 110. So, what we wanted to do from a master planning standpoint was be relatively conservative and use the 130 for projecting forward. Say we are not going to drop any more than that. Now, the city has updated their plans every five years and so, once again, we have the ability, then, to ratchet that down to see the trend. So, then, this is a summary coming back to the earlier population projections and associating that, then, with water usage and so as we discussed right now we are in the 20 to 25 range from a max day perspective. You can see as you get towards 2030 or 2060 large amount of additional water required. Once again it may not be this much if the per capita numbers keep coming down, but, regardless, it's a lot of water in the future. So, water supply plans, as Kyle mentioned, one of the things we wanted to do was take a little bit of a bigger step back and look at this from a bigger picture standpoint. One of the things the city has been doing historically is, basically, serving peak hour demand or their maximum instantaneous demand from their wells. That means that the maximum demand ever occurring with the system, they can turn a well on and supply that. Most systems do not do that. Most systems provide max day demand and serve that differential from reservoirs. And so right now the city has the flexibility to do it. In the future what the implication is there is a lot more wells required and so the city would like to move towards a serving max day demand from wells serving that differential from reservoirs into the future, that will ultimately save money and get at some water supply water rights issues that we will talk about as well. Bottom line right now, though, the city's well positioned to meet future demands both from a water right standpoint, as well as a pumping capacity standpoint. The city has over 50 million gallons a day of pumping capacity, so a max day there at about 25. So, that's great. The city is continuing to actually evaluate long term water supply options and the city was involved with the Treasure Valley Camp, which was, you know, an initial effort to try to get everybody to come together and talk about what can we do to insure everyone has enough water in the future. I think that was a good first step. Hopefully we get some concrete movement out of that. So, system analysis -- Kyle mentioned we updated and calibrated the hydraulic models as part of this. What we do with that model is we basically use it to evaluate the hydraulics under existing and future conditions, make sure that we can provide fire flows and make sure that everyone has adequate pressures under peak demand conditions. From a result standpoint, the system is adequately sized, lots of capacities, no significant issues there, just very localized fire flow issues where we have larger fire flow requirements. Meridian City Council May 16, 2012 Page 11 of 17 One of the things the city is starting now is a long term main replacement program. So, one of the things we have identified as part of this was making sure that some of the undersized piping that was installed early in the city's history gets identified early for replacement. From a water quality standpoint the city is in great shape there as well. You do have isolated issues of uranium and as Kyle informed you or talked more about last Council meeting, there are higher iron and manganese in some of the well, causing some brown water issues. Not a health concern, but an esthetic issue. The uranium issues have been mitigated by drilling -- drilling wells to different aquifers -- basically tapping into cleaner water sources at different depths. And where that hasn't been mitigated yet, basically using those wells under emergency conditions only. Fire flow and things like that. The iron and manganese issues are being addressed as you heard about last week. Operation maintenance. The city meets all operation certifications. There really are no reoccurring O and M issues the city's dealing with. The city -- a major project that they are working on is implementation of a new maintenance management system, which will be integrated with GIS, which also can then be integrated with the hydraulic model. Basically bring all those data sources together to be on a common platform, which is really a good thing. There are planned upgrades in the city's customer metering system as well in the next couple of years. The one thing that came out in the O and M evaluation was really just an emphasis on documentation. The city's doing all the right things. However, they would like to have some more formal documentation on some of those procedures. So, what comes out of this? Ultimately it's that capital improvement plan. And so what you end up with from a basic perspective is you end up with a table with information and a corresponding map and this is an excerpt, then, from the master plan focused on some of the facilities and you can see here the top two are focused on PRV improvements to zone one. We have an inner tie with a reservoir and booster station that you're aware of. Some wells that will occur over the next 20 years and some treatment. If you zoom in a little bit, then, what you end up seeing are specific projects called out. Specific feet of pipe and what that diameter of pipe needs to be. So, here you see red piping that's been identified for the next five years. You see some purple and blue piping that's been identified for replacement over the longer and the city will be able to, then, start prioritizing that as they get into their long term pipeline replacement program. So, the capital improvement plan from a summary standpoint is about 11 million dollars worth of improvements identified over the next ten years. Or five years. Excuse me. The major projects there being the reservoir and booster station that the city has been evaluating. Treating the iron and manganese and this small main replacement project or program that will be basically putting dollars into replacement every year on an ongoing basis. Between now and 2030, based on the current projection, you will need approximately three wells to maintain the current buffer that the city has from a supply standpoint. One of the major recommendations that came out of the planning effort and this I think comes back a little bit to the -- the conversations that were had around the reservoir siting is acquire well and reservoir sites now for future. Tie those up, making sure that everyone knows when and where those are going to occur in the future, because you can't be far enough ahead of -- of those issues. Long term. Ultimately the city has identified about 43 million dollars worth of pipe replacements. Now, that likely will not occur -- it will probably be over 50 plus years. The other thing the city needs to identify really -- and Meridian City Council May 16, 2012 Page 12 of 17 this is something that doesn't -- you can't take it out of a textbook -- is what is a pipeline life span in the City of Meridian. Is it seventy-five years? Is it a hundred years? Is it more than a hundred years? And that varies a lot by the ..quality of your water and the soil -- the crusivity of soils and things like that. So, as the city continues to replace some of these undersized pipes they will be able to assess the condition of those mains and start coming up with a more definitive long-term plan in terms of what -- what that life span should be. So, as noted, financial review was conducted and this, basically, looks at, you know, the city's rate and connection charges compared to what you need to spend over the next five years at a minimum from a capital improvement standpoint. Bottom line there is the city has adequate reserves to pay for those improvements and maintain a positive fund balance. In fact, there will be no degradation of that fund balance with the current improvements and rate structure in place. So, that's great news. So, from a summary standpoint continue to be proactive. I mean that's just one of those things that I really commend the City of Meridian on. I'm a lucky individual in that I get to focus on a specific type of engineering. I do water master planning, collection system planning, and that is it. And so I do this work all over the region and have done over 75 of these type of projects in my career. The City of Meridian is in the top two percent of those. You guys are doing a great job. You are proactive and particularly right now to be in the financial position you are it's pretty amazing. So, I commend you on that. So, continue to be proactive, both from a financial standpoint, as well as looking at this pipe replacement program. That's something else that most utilities are just talking about at this point, have not started implementing. That's really important and good. The long term water supply planning is another one. I think that we all can agree that 50 years from now water is going to be a much more precious and costly commodity in the valley and the more we can do to make sure we are in front of that the better. Kyle took the initiative in parallel with this planning effort to get the conservation plan off the ground. First one they have done here. No other utility in the states that I'm aware of really has one at this point and, once again, not required by DEQ, so leading the charge there as well. You have done a great job updating your planning document every five plus or minus years and this, you know, is really from a number of perspectives important. Changing water quality both from a quantity and quality standpoint. Changing regulations. And, then, changing populations growth is probably the most important one for the City of Meridian in that you have seen some wild swings in terms of population growth. And -- well, I guess kind of rechecking where you're at every five years I think is critically important. That's my portion. Kyle is going to come back up and -- sneak up on me -- and talk about the conservation plan real quick. Radek: Yeah. Just real briefly, Madam Mayor and Council Members, just kind of a reminder of where we have been with the conservation plan. I believe you have taken a look at it a couple times and it was about the end of December, beginning of January where I said I think we are ready to go, but I'm going to bring this back when we get the water master plan done and I will try to get them both adopted at the same time. Just a brief recap. We had that working group -- the working group made some good recommendations on -- on proposed conservation actions to take and there is not a lot in there that says you have to go do this, you have to go spend this money now. You Meridian City Council May 16, 2012 Page 13 of 17 have to, you know, give away shower heads and give, you know, rebates for washing machines and things like that. It's very conservative. It's very -- I guess the word I'm looking for is incremental in order to try to get a conservation atmosphere in the city established over the course of years. I do have one of my working group members here. One of the faithful. I don't know if you remember Andy Roman from my last presentation, but if I had to I could call him up here and he would have to say, you know, great things about me, but you don't need -- you don't need to hear that again. You probably don't need to hear that again. So, unless he's got some specific things to say, he's probably just here to see what happens. But with that let's go to the next slide and we will go ahead and wrap up and we would be happy to stand for any questions you have general or about -- more specific about the master plan and conservation plan and, as I said at the beginning, our hope is to get the plan adopted. Alternatively you could choose to adopt one or the other or wait two weeks for both and I could bring it back. De Weerd: Thank you, Kyle. And thank you, David. Any questions for either? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It's wonderful to hear that we are in good shape and apparently going the right direction. I really appreciate the work that's been done on this and the study. have kind of an off-the-wall question that just occurred to me and things like that happen once in awhile. I don't know whether this is legal or not, but if we have sufficient water rights and the ability to produce it, would we be able to sell water to other outside entities that are struggling and not doing as well as we are? I mean that's not part of the plan now, but if we look far enough ahead is that legal or possible or -- Radek: Council Member Zaremba, Madam Mayor, I don't think that municipalities are allowed to do that. I'm not sure. Stangel: The challenge is your water rights are typically tied to a service area boundary and so you run into some challenges once you go beyond that. Zaremba: All right. Thank you. De Weerd: Any other questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, on the -- on the wells -- De Weerd: Mr. Bird, will you pull your mike -- Meridian City Council May 16, 2012 Page 14 of 17 Bird: Oh. I'm sorry. Kyle, on the wells we got 20 of them in service now. Do we have any backups that are -- that are not online all the time in case one goes down or something? Do we have any that are workable, but not online? Radek: Councilman Bird, good question. That number 20, that includes, for example, Well 23, which is considered an active well, but is in backup status. Bird: Okay. Radek: So, it's sitting there waiting for something bad to happen, so that it can turn on. But we have not had to turn that well on in several years. Thankfully so, because if we do we have to tell everybody that we, you know, put uranium into the system above the NCL and we really don't want to tell them that. Bird: And -- follow-up, Mayor, if I may. Reservoirs. I know we got a pond we are looking at in one area. How many more reservoirs within the next is 20 years do you think we will need to -- if our population continues as is? Radek: Councilman Bird, I'm going to try to answer that and, then, I'm going to defer to David, because I know this is something he specifically addressed and we have a need for a reservoir that we are currently looking at and the analysis was done in the master plan of how we meet our demands, reservoirs versus wells, and reservoirs and going the all well scenario is still a possibility. It's not something we want to do because of the cost. Ultimately I think it was I think 2030 we end up with a zone two issue if we don't put some storage out there, see kind of size -- two million gallon type and in -- in my mind I think the ultimate build out -- I think you're probably looking at something in neighborhood of four to five reservoirs of the type that we have -- type and size that we have seen. I'm not sure if that's in the ballpark you're thinking of, Dave. Stangel: Yeah. Ultimately I think we could get away with one less than that. But it's probably in that three to five range ultimately and, once again, we throw out some big water usage numbers there and we will have to see how that actually develops over the next 20 years. But, really, this initial reservoir required in the relatively near term -- and that really gets you good about 20 years. So, in that 20 -- towards the end of that 20 years time frame you will need to be thinking about another one for sure. Once again, that's all based on current projections, so we will see what happens. Bird: Thank you. De Weerd: Any other questions or comments? Well, thank you very much. Radek: Madam Mayor and Councilmen, thank you for your time. Meridian City Council May 16, 2012 Page 15 of 17 De Weerd: As Kyle did ask what you would like to do at this point, would you like to set it out on a future agenda? Would you like to consider action this evening? What is your desire? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: David, what do you -- are you guys ready to go forward? What do we need, a resolution or an ordinance? Rountree: Just adopt it. Bird: Just adopt the plan. Nary: Madam Mayor, Members of the Council, a resolution is a good tracking mechanism. If you -- if it's important for Public Works to pass it tonight, we can bring a resolution next week to simply ratify that or if it can wait a week we can put it on next week with a resolution and that way there is a better tracking tool with it. Bird: Madam Mayor, I -- I read the executive summary, but I haven't read all 46 pages of the rest, but -- and I have no problem with the executive summary. I think it's something that we do need you to adopt in a resolution so that we do have a way of tracking it or future councils. Hoaglun: And, Madam Mayor, wouldn't we also need the conservation plan as well? Bird: Yeah. Hoaglun: And probably do it at the same time, if that works. De Weerd: Okay. So, we will set this to the next agenda on the 22nd. Can everything be put together by then? Nary: Yes. De Weerd: Okay. Very good. Rountree: And that's for a resolution? Nary: Yes. Rountree: Okay. Zaremba: And, Madam Mayor, I was just going to add, I've had the opportunity to have some further discussions on these topics as well and I think it's ready to go and as has Meridian City Council May 16, 2012 Page 16 of 17 been stated it's something that's going to be relooked at every once in awhile as it develops and the world changes, so I think this is an excellent direction to go and formal adoption next week would be a good thing. De Weerd: So, staff, any further comment from Council needed? Radek: Madam Mayor, thank you. Item 8: Ordinances A. Ordinance No. 12-1514: ZOA 12-001 Unified Development Code (UDC) Text Amendment by City of IVleridian Community Development Department Request: Amend Specific Sections of the UDC to Include General Clarifications/Clean-up Items; Specific Use Standards for Wireless Communication Facilities; CPTED (Crime Prevention Through Environmental Design) Strategies, etc. De Weerd: Okay. Very good. Item No. 8-A is Ordinance 12-1514. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1514, an ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. There is anyone that would like it heard in its entirety? Okay. City Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1514 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Ordinance under 8-A. If there is not discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council May 16, 2012 Page 17 of 17 Item 9: Future Meeting 1°opics De Weerd: Council, we are at Item No. 9, future meeting topics that you would like considered for future agendas. Bird: I have none. De Weerd: Okay. I do know that Peggy is looking for people who wish to be registered for the Association of Idaho Cities conference next month. If you can, please, let us know we would greatly appreciate it. I think, Councilman Zaremba, we have heard from you. Zaremba: I said yes already. De Weerd: Okay. Thank you. With that said, I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:46 P.M. ~ ~ City of DIANA JAYCEE LMAN, CITY CLERK ., ~DAH® °'~ SEAI. Fy v ~R rFd°~~de TREAB~@~