HomeMy WebLinkAbout2009 11-24Meridian City Council Meeting November 24, 2009
A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday,
November 24, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird,
Brad Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Wafters, Bruce
Freckleton, Brent Bjornson, Jeff Lavey, Tracy Basterrechea, Mark Niemeyer, Steve
Siddoway 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: Good evening. I will go ahead and call this meeting to order and thank you
all for being with us tonight. We are privileged by having some students from
Centennial High School with us and appreciate their teacher for recognizing the
importance of coming to these boring meetings. I also see a young member in our
audience as well, so welcome to you, too. For the record, it is Tuesday, November
24th. It's a few minutes after 7:00. We will start tonight's meeting with roll call
attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 our Pledge of Allegiance. Tonight we will be led in the pledge by
Jill Lynn Hopkins, Mandy Bradshaw, and Michelle Christensen. If you will all rise and if
these girls will come forward and join them in the pledge.
(Pledge of Allegiance recited.)
De Weerd: And thank you, girls. I do have pins for you. Thank you so much. And I do
have to write them a letter, because I do think that deserves extra credit in class, so that
will be part of the public record as well, so you can show that to your teacher as well.
Item 3: Community Invocation by Brandon Wilding with the Church of Jesus
Christ of Latter-Day Saints.
De Weerd: Okay. Item No. 3 is our community from invocation and I don't know who
we have joining us this evening. If you will, please, come forward and maybe introduce
yourself.
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November 24, 2009
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Wielding: Sure. I'm Brandon Wielding. I'm with the Church of Jesus Christ of Latter-
day Saints.
De Weerd: Thank you so much for being here. I would invite you all to join us in our
community invocation or take this as an opportunity for a moment of reflection. Thank
you for being here.
Wielding: Father in Heaven, we are grateful for the chance to meet as a city this
evening. We are grateful for those who serve in the various capacities of public and
community service. We pray that thou will guide their decisions tonight. We ask thy
Spirit to be with us and to guide the leaders of our community in a manner that will be in
the best interest of the various members of Meridian. We are grateful to be in such a
blessed community and ask that thou will continue to prosper and bless us and we say
this in the name of thy Son Jesus Christ, amen.
De Weerd: I would also like to offer you a City of Meridian pin for being here with us
tonight.
Item 4: Adoption of the Agenda.
De Weerd: Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: There are some adjustments to make on the agenda. Let me run through
them. Under the Consent Agenda, Item 5, number 5-F has been requested to move to
paragraph seven, where we will have some discussion about it. Item 5-N actually
should be two change orders. Change order number one as written and change order
number two in the amount of 9,015 dollars, which means the total for 5-N for the two
change orders is 12,395 dollars. There has been a request to add an Item 5-V, Victor,
to the Consent Agenda. That is a development agreement for Instant Equity Auto.
Then under Item 7 we have added what used to be 5-F, pulled from the Consent
Agenda. For everybody's information under 8-B, the public hearing for Meridian
Crossing has been requested to continue to December 8th. We will do that. We will not
hear it tonight. Under paragraph 9-A, the ordinance number is 09-1434. Under Item 10
we are scheduled to have an Executive Session. We need to add a couple of details to
that. Published was Subsection C. We need to add Subsection B and a Subsection F.
And do I need to read what B and F are?
Nary: No.
Zaremba: Okay. And with those changes I move we adopt the agenda.
Hoaglun: Second.
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November 24, 2009
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De Weerd: I have a motion and a second to approve the agenda as amended. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
A. Art Purchasing Agreement with Mark Davis for Art in Public
Spaces for aNot-to-Exceed Amount of $1,500.00
B. Professional Services Agreement with M.D. Willis, Inc. for
Stenographic Services for Fiscal Year 2010
C. Professional Services Agreement with Alta Planning for Rail
With Trail Action Plan Follow Upfor aNot-to-Exceed Amount
of $3,460.00.
D. Interagency Agreement for Ongoing Landscaping Maintenance
of the Interstate-84/Ten Mile Road Interchange ITD Project
E. Agreement for hook-up to City of Meridian's Sewer/Water
System outside the City limits with White Clouds Investment,
LLC.
G. Budget Amendment to the FY2010 Budget to Incorporate
Energy Efficiency Block Grant (EECBG) Funds
H. Budget Amendment requesting authorization to purchase five
(5) additional personal computers for the Public Works
Department with FY2010 budget savings from the Computer
Replacement Fund.
I. Open Purchase Order to buy Water Meters and Meter
Transceiver Units (MXUs) from United Pipe and Supply for a
Not-to-Exceed Amount of $765,000.00.
J. License Agreement with Nampa 8< Meridian Irrigation District
for flush line discharges into Evans Drain, Finch Lateral,
Hardin Drain, Eight Mile Drain, and Five Mile Drain.
K. License Agreement with Settlers Irrigation District for flush
line discharge into Settlers Southside Canal
L. License Agreement with Ada County Highway District (ACRD)
for flush line discharges into ACRD storm drain facilities.
M. Change Order #1 to original contract dated June 2, 2009 with
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November 24, 2009
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Challenger Companies, Inc. for Idaho Power conduit
installation and relocation of an eye wash station in the Well
#27 Pump House for aNot-to-Exceed Amount of $664.21
N. Change Order #1 to Heroes Park-Phase 3 (Construction)
Original Contract Dated July 28, 2009 with Hillside Landscape
Construction for aNot-to-Exceed Amount of $3,380.00. Added
Change Order #2 with same contractor for $9,015.00 for a total
amount of $12,395.00.
O. Task Order #10138 with CH2M HILL for the WWTP Air Quality
Permit engineering and design pursuant to the Master
Agreement executed on December 12, 2006 for aNot-to-
Exceed Amount of $23,975.90
P. Task order #10060A with Brown and Caldwell for the reclaimed
water booster station and reservoir project development and
request for proposals pursuant to the Master Agreement
executed on December 12, 2006 for aNot-to-Exceed Amount of
$7,500.00.
Q. Task Order #1008A with DC Engineering, Inc. for the Tertiary
Filter and DAFT Retrofit SCADA Programming pursuant to the
Master Agreement executed on December 12, 2006 for aNot-
to-Exceed Amount of $22,000.00.
R. Findings of Fact and Conclusions of Law for Approval: AZ 09-
006 B1: Request for Annexation and Zoning of 5.2 acres from
RUT (Ada County) to R-4 (Medium Low Density Residential)
zoning district for B1 by B1, LLC located east of Jericho Road,
'/a mile south of Chinden Boulevard, approximately 650 feet
west of Locust Grove Road
S. Task Order #10127 to Master Agreement dated June 11, 2007
for Infiltration and Inflow Monitoring engineering services with
Murray, Smith Bi Associates, Inc. (MSA) for aNot-to-Exceed
Amount of $23,552.00
T. Development Agreement: AZ 08-001 Request for Annexation
and Zoning of 9.06 acres from RUT and R1 Zoning Districts in
Ada County to the C-G Zoning District for Overland Village by
Cameron Sixteen Retail, LLC located at 3330 E. Overland Rd.
U. Order of Conditional Approval in the Matter of the Application
for City Council Review of the Director's Decision and
Subsequent Request for Reconsideration of the City Council's
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November 24, 2009
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Decision for a Portable Classroom Structure at Paramount
Elementary School, Located at 550 W. Producer Drive, in the
Southeast 1/4 of Section 25, T.4N, R.1 W.
V. Development Agreement for Instant Equity Auto (Legal would
like to amend onto the Agenda due to the possibility of there
not being a meeting on December 1~.)
De Weerd: Item 5 under the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As previously noted, Item F is removed from the Consent Agenda. Item N
has two change orders attached to it for a total of 12,395. And there has been added
an Item V, development agreement for Instant Equity Auto. With that I move that we
approve the Consent Agenda and for the Mayor to sign and the Clerk to attest.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
If there is no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: I would like to go on the public record in recognizing former City
Councilman Shaun Wardle in his Bronco gear. We appreciate you being in the
audience tonight. And I think former City Councilman Joe Borton has put you up to that,
but we like to see you're a good loser.
Item 6: Department Reports
1. Update on Professional Services Contracts
a. Professional Services Contract between Harold's
Electric Company, Inc. and the City of Meridian for
Electrical Inspection Services and Electrical Plan
Review for structures constructed within the City.
b. Professional Services Contract between DMH
Enterprises and the City of Meridian for Plumbing
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November 24, 2009
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Inspection Services and Plumbing Plan Reviews for
structures constructed within the City of Meridian.
c. Professional Services Contract between RIMI, Inc. and
the City of Meridian for Mechanical Inspection Services
and mechanical Plan Review for structures constructed
within the City of Meridian.
d. Professional Services Contract between Whitman ~
Associates and the City of Meridian for Building
Inspection Services and plan review for structures
constructed within the City of Meridian.
e. Professional Services Contract between Greene Fire
Protection and the City of Meridian for Fire Inspection
Service and Fire Code Plan Review
De Weerd: Item No. 6 is Department Reports. Tonight we will begin with Public Works.
Freckleton: Thank you, Madam Mayor, Mr. President, Members of the Council. We
were wondering if this evening if we could open all -- A through E. We have some
general discussion and, then, we have specific -- specific discussion with regard to each
individual item.
De Weerd: The floor is yours.
Freckleton: Okay. Thank you. The Building Services has been collaboratively working
with the legal department and our existing contract inspection service contractors for
development of new contracts to incorporate several new changes. Brent Bjornson will
talk about the specifics of each of the changes here in just a moment, but the contracts
before you are the contracts for structural, electrical, mechanical, plumbing and fire.
This was a lengthy process. We wanted to beef up these contracts. Historically these
contracts have been renewed year over year with no change. We wanted to update
them to be able to talk about specific ways that we are operating the department. We
also incorporated several changes with regard to expectations and accountabilities and
because of a lot of these changes and the length of time it's taken and the fact that we
have not sought any fee increases, we have proposed that these contracts will run for a
term of three years. Essentially, one of those years has already past, so these
contracts will take us out two additional years. So, they will expire September 30th of
2011. Our consultants have previously served the City of Meridian for many years. We
feel that this is a beneficial relationship in the fact that we have established these
relationships, these contractors have established good working relationships with the
building community, they are trusted and respected as partners. We have -- we have
had a lot of changes over the years and these guys have rolled right along with those
changes and we feel that it is beneficial for the city to offer these new contracts at this
point in time. So, with that I will turn the floor over to Brent and he will give you a brief
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November 24, 2009
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summary of the high points of what we have landed for these contracts and, then, we
will stand for specific questions that you might have.
Bjornson: Thank you, Bruce. Madam Mayor, Mr. President, Members of Council, good
evening. There are eight changes that are consistent and appear in all five of the
professional services contracts before you. I'd like to begin with the first contract on the
agenda, Harold's Electric Company, Incorporated, discussing these eight changes.
Again, the eight changes are boilerplate throughout all the contracts, they are exactly
the same. From there I'd like to proceed into each contract discussing only the
significant changes that differ from the eight and stand for questions on each contract
before moving forward on the next agenda item, if that's acceptable to you. As Bruce
indicated, the goal with the proposed contract changes is to continue to raise the bar in
customer service, accountability, availability, and certification with our consultants. With
that I'd like to move right into the first contract. Harold's Electric that's before you as the
first agenda item. Electrical professional services contract. Page two down about
midway, item number one, is the first change that we implemented into this contract and
what that states is clarify the language in all contracts to gain enhanced field
representation, safety, advertising, and public out reach. This included safety gear,
clothing, business cards,- photo ID, prohibition of displaying logos, graphics and
advertising while representing the City of Meridian. We did that for a few different
reasons. The focus was public out reach, availability, cell phone, desk phone
availability, a-mail -- just to increase the customer service overall. That was the outcome
of that item. Moving on to item number two, we added language to maintain and/or
obtain new certification as required by Idaho Code for the type of work that's being
performed. Essentially what we are doing there is following the statutes and raising the
bar in some areas with certification for the type of work that they are doing for us here in
Meridian. Item number three, consultant shall provide all related code materials
necessary to perform services as required. If the single city copy provided is not
adequate, as codes have changed every three years, the requirements for the
inspectors differ greatly and we felt that providing the one copy was acceptable and that
through this contract language they would provide any additional things that they
needed and that translates into a savings of about 2,000 dollars every code cycle for
our budget direct savings. As we move on to page three of the memo at the top, we
added an appropriation clause due to the fact that the proposal before you would extend
the term of the contract past the city fiscal year end. Item number five, disaster and
emergency was previously pro bono, which in discussing and negotiating with the
contractors for the rare times that it occurs, what they chose and wanted to do and
where we landed was 75 dollars per hour. So, effectively, number eight states that
previously there was no provision for compensation for inspection in this area. We have
75 dollars per hour when and if this occurs. This amount is consistent with the hourly
rate provided for in the transition clause of the contracts. We have never had to
exercise that and for the amount that that's really going to occur, we felt that that was
probably a fair addition, being that it was pro bono before. Item number six, reporting.
All contract employees will now report directly to the building planning and inspection
coordinator position, which is consistent with the reorganizational structure of the Public
Works Department that we went through here about a year ago or so, I believe. Item
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November 24, 2009
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number seven, staffing levels related to plan review, inspection, and additional time
spent in the office. 7-A, the contracts were changed specifically to state that all fast
track tenant improvements, which we implemented at the Mayor's request, that's going
great, but we effectively wanted to put this into the contract to reflect that their plan
review will take no more than three working days from the time of a complete
application. Again, this is for increased customer service. It's going very well. We were
getting great feedback and it's just been working really well, so we are validating this
here in the contract. B, the contracts were changed to specify morning and afternoon
inspection requirements, effectively a.m. or p.m. Previously there was a 48 hour
response time for any of the inspection calls that we took, which is consistent with the
State Division of Building Safety. It's been that way for many years. Due to the
customer service surveys that I have been doing out in the field, some of those results
have indicated that our p.m. inspections may not be happening as we would like them to
happen, so we felt that bolstering this language in this area to daily service would
increase customer service, so that was the expected and -- well, that is the expected
outcome there, that it either happens a.m. or p.m. The last item, number eight,
performance expectations for contract inspectors. A, Exhibit B, was added to all
contracts to define and provide customer service expectations that is similar to the City
of Meridian's values related to customer service, accountability, respect and actual --
Exhibit B, again, reflects our core values. We wanted to put it as a staple throughout
these contracts. So, with that as the very back behind Exhibit A. Then B there at the
bottom, work hours, directly reflects the time spent in the office. We wanted to provide
the wording that says that the time in the office shall be dedicated directly to the city of
-- city business only. I think the thought process there in my mind was it's a known fact
that our inspectors serve other municipalities, as well as Meridian, and private business
and I wanted to emphasize accountability and efforts towards Meridian when serving
our jurisdiction specifically. That does it for the eight staple changes. Again, those
eight appear in all five of these contracts. Specifically, the Harold's Electric Company
that we are looking at here, this contract, if you will turn to page four of four, the financial
impact, there was no change here. I will just make that a point of reference and move
into the next contract -- actually, before we do that, at this point I think we will stand for
any questions that you have specifically to the electrical contract.
De Weerd: Council, any questions of this point?
Bird: I don't.
Rountree; Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: The time constraints makes reference to October 1st of 2008. Should that
be 2009?
Bjornson: I'm sorry, (couldn't -- I didn't hear that.
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November 24, 2009
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Rountree: The time constraints paragraph makes reference to the period beginning
October 1st, 2008. Should that be 2009? Be the sixth paragraph. Are we on the front
page of the memo? I'm sorry.
Freckleton: Are you looking at the contracts or --
Rountree: I'm looking at the contracts.
Bjornson: At the contracts? Page --
Rountree: Well, actually, it's the time constraints paragraph that's in your -- in your
memo. Page four of four.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I thought Bruce said earlier that a year of this has already run, which is why it
ends in 2011.
Rountree: Okay.
Bjomson: Yes, Mr. President.
Rountree: Okay.
Bjornson: Any further questions on the electrical?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I do have kind of a general question that perhaps is directed to our legal
counselor and that is I'm sure for each of these that special licenses and certificates are
required, but I just wonder are we under any obligation to open this to a public bidding
process and take competitive bids?
Nary: Madam Mayor, Members of the Council, Council Member Zaremba, that's a great
question and cities can do that for these types of contracts. Sometimes they do. It's not
required by state statute, because you still are contracting for a service and so it isn't
required. But it's certainly something to consider. At some point in the future you may,
as the city, choose to do that.
Zaremba: Thank you.
De Weerd: Do you care to comment on that, Bruce or Brent?
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November 24, 2009
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Freckleton: Madam Mayor, Members of the Council, as I had stated in my opening, I
feel that -- that the benefit that the city derives having -- having a known commodity, we
-- are great. These guys have been around, they have established relationships with
the building community. They are -- like I said, they are respected. They -- you know,
we have shown in our customer satisfaction surveys that, you know, the satisfaction just
continues to get better. We feel that the benefit of offering new contracts is there for the
city. We wouldn't have to start from scratch training people up.
Zaremba: Madam Mayor. I wasn't really questioning that. I'm sure they are good. I
just wanted to make sure we were doing everything legal.
Freckleton: Sure.
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: Question for Bruce to follow up on that, then. With the hourly rate, you know,
they provide good service, but how do we know for the taxpayer they are getting good
value in terms of the hourly rate? Was there a comparison done? I mean what -- can
you give me some understanding of how you came to that hourly rate and looked at
other -- other businesses, that sort of thing?
Freckleton: Sure. Madam Mayor, Councilman Hoaglun, the -- the hourly rate that --
that Brent spoke of was one section of the contract that talks about disaster and -- I
can't remember what it was headed.
Bjornson: Emergency.
Freckleton: Emergency and disaster and it's in the event that the City of Meridian
experiences an emergency disaster we call these guys in, the rate of compensation
would be 75 dollars an hour. Their normal compensation is based upon percentage of
permits that are issued is how they are normally taken care of. Annually we do -- we do
an analysis of the -- the rates that we have. The down economy, you know, we have
definitely realized a great value in having contract inspectors at this point. But we will --
and it's around January that we do that analysis and we will go back and we will look at
-- we will look at our -- not only our permit fees, but also the rates that we are paying for
our contracted services. So, does that answer your question? Sort of?
Hoaglun: Sort of. I was just curious how you came to the 75 dollars an hour for the
emergency process.
Freckleton: The 75 dollars an hour came from -- there is another section in the contract
regarding -- I believe it's the termination clause to where if the city terminates the
contract, there is a 30 day period that they stay on to train the next group of inspectors
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November 24, 2009
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that would come on and that rate was set in that paragraph of the contract and so we
simply used that same rate, the 75. Right or wrong. That's -- that's how we came up
with it. And it's been 75 dollars an hour in contracts as far back as I can remember,
so --
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd; Yes, Mr. Rountree.
Rountree: Bruce, you talked about some of the performance indicators and Exhibit B
talks about performance indicators and evaluation. Who is going to conduct those?
The building plan inspection coordinator or --
Freckleton: Correct.
Rountree: -- is that going to be you or --
Freckleton: Correct.
Rountree: -- who is going to take that duty?
Freckleton: No. It will be Brent. In our reorganization that Brent spoke of a year ago,
the administration of these contracts falls under the building plans and inspection
coordinator position. So, Brent will be -- will be doing those duties. Brent also is the
one that does the field surveys. He is the one that goes out and meets with -- with
contractors on the job site, doing follow up, and he tracks the permits through the
process.
Rountree: Thank you.
Bjomson: I had one comment on the 75 dollar an hour, just to add one other thought.
With the annual fees that they realize, I suppose, for lack of a better word, we could
break that down into an hourly fee and come up with a number that, you know, this
would probably be very close to a time and a half or perhaps a double time rate in that
type of a scenario, where they are responding from out of area -- we do have two
inspectors, one lives in Mountain Home, one's in Emmett. If they were to respond on a
weekend or a holiday, I think this would probably cover them as well for the time that it
might happen. Was there any other questions for the electrical professional services
contract that we can answer?
De Weerd: No.
Bjornson: Okay. We will move to the second item on the agenda, the plumbing
contract, then, and, again, the eight changes are still -- they are there, they are the
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same. The only change to the plumbing contract that I'd like to point out, so we are not
going through the same material, would be item number nine, which appears on page
four of five. Item number nine is a proposal to increase the percentage in the plumbing
contract. You will see there at the top of the page we specified the existing amounts on
how that contract holder is being paid. Basically, if you look at the bottom number, the
30 percent of the remaining permits over 200,000, what this, basically, says is that we
are effectively requesting that we drop this and implement down below the existing
schedule, the proposed would 40 percent -- 40 percent when the permit values hit
100,000 dollars. Our plumbing consultant has informed us that volume over 200,000
dollars is what typically kicks in the need for a second inspector. He hasn't been able to
-- it's very tough to financially hire that second person when that volume gets to that
level. I think we show here in FY-2009 the permit value just hit 2,000 -- or 200,198,
which in the existing schedule would have been paid out 90,000 dollars -- 50 -- 90,059.
The proposed schedule, with the increase, would have paid out 90,079. So, it's a total
difference in the FY-09 impact would have been 20 dollars with this proposed schedule.
So, the total permit fees, again, were 200,198 in FY-2009. Just depends on where we
go with that in the future, if the volume is significantly more or less. Reasons to promote
this would be the increase in the footprint of Meridian. Inspectors are traveling more.
The plumbing consultant has not had a rate change at all to his contract apparently in
ten years, as we reflect back. We have asked the inspectors in this contract to also
respond to our a.m. - p.m. inspection the same day, which means they could be on one
side of town in the morning and be back over in that same side of town in the afternoon.
And I think the last thing would be that, really, in all of the contracts collectively
plumbing, mechanical, fire, structural, and electrical, plumbing is significantly lower than
all the rest and with the fuel increases and the things that -- in the economy that are
happening, we feel that this is justifiable. We have presented them to Tom Barry and
have been given the green light to move forward. So, with that -- again, that is the only
significant change to this plumbing contract. We would be happy to stand for any
questions.
De Weerd: Thank you. Council, any questions? Okay. Thank you.
Bjomson: Moving on to the agenda, item number three, the mechanical contract.
There are no changes to this contract proposed. If you notice on page four of four, the
percentages are staying the same. All eight items appear the same. If there is no
further questions on this, we can move forward.
De Weerd: Okay. Go ahead.
Bjomson: Item -- agenda item number four, the structural contract, the only change that
you will notice on this contract, on page two of four of the memo, down at the bottom we
added language to maintain and obtain new certification as required by Idaho Code
and/or certification for the type of work performed. We have required Daunt Whitman,
building official, to obtain International Code Council Plans Examiner Certification. This
certification is greater than the minimum requirement for the state of Idaho. We feel this
is a benefit for the city and, basically, with the work that needs doing in plan review
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November 24, 2009
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currently, which is tenant improvement and residential, we felt that this was appropriate
to have this additional certification, again, not required by code. He currently holds and
maintains the certifications that are required. So, that would be the only change to that
contract. Are there any questions on this one?
De Weerd: I see none. Thank you.
Bjornson: And the last contract would be the professional services contract for Green
Fire Protection. Page two of four at the bottom of the memo, essentially the same thing
as the structural contract that we just spoke to. We added language to maintain and
obtain new certification as required by Idaho Code and certification for the type of work
performed. Essentially, Rich Jackson, the contract holder, we are asking that he
maintains his current building plans examiner certification, as he is doing some
subcontract work for Daunt Whitman, our structural contract holder. That's the only
change to the fire contract. Are there any questions with that contract?
De Weerd: I see none.
Bjornson: If there are no further questions at this time, I'd like to ask for your
consideration and move to approve this proposal that we have before you.
De Weerd: Council, you have these contracts in front of you. What is your pleasure?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If we don't have any discussion, I would move that we approve professional
services contracts for Harold's Electric Company, Incorporated, for the electrical
inspection services and electrical plan review for structures constructed within the city.
Contract between DMH Enterprises and the City of Meridian for plumbing inspection
services and plumbing plan review for structures constructed within the City of Meridian.
Contract between RIMI, Incorporated, and the City of Meridian for mechanical
inspection services and mechanical plan review for structures constructed within the
City of Meridian. And between Whitman and Associates and the City of Meridian for
building inspection services and plan review for structures constructed within the City of
Meridian. And also for a contract between Green Fire Protection and the City of
Meridian for fire protection service and plan -- and fire code plan review and for the
Mayor to sign and the Clerk to attest on contracts.
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
November 24, 2009
Page 14 of 47
MOTION CARRIED: ALL AYES.
B. Clerk's Office
1. Appeal of the City Clerk's Denial of Temporary Use
Permit Application 09-063 by Pat Raymes with Meridian
Ice Gardens
De Weerd: Okay. Next we have Item 6-B-1, appeal of the clerk's denial.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Before it starts, I would like to make a statement before I recuse myself, that I
have talked to the applicant at length. The location of this ice rink was never discussed
at the location they want it now, it was all within the speedway -- inside of the speedway
and seeing how I am on the board of directors, the owners of the property, I would
recuse myself now.
De Weerd: Okay. Thank you, Mr. Bird. Are we hearing from planning or the clerk's
office or --
Holman: Madam Mayor, Members of the Council, I believe Pete Friedman is going to
speak about the -- some of the denials and some -- that came from the planning
department or some of the issues of why it was denied, so --
Friedman: Madam Mayor, Members of the Council, this is truly I think going to be a
team effort between the clerk's office, planning, and legal, since we have all
collaborated with other departments on reviewing this application. What you have
before you tonight is an appeal of a temporary use permit to establish a temporary ice
skating rink just to the north of the speedway -- between the speedway and Storey Park.
The applicant Mr. Raymes applied for a temporary use permit to construct a temporary
ice rink on the property. That permit was denied on a number of grounds. In reviewing
this matter, they have been in discussions with the city on this concept of the temporary
ice rink at this location and another location. We concluded from a zoning standpoint
that it constituted outdoor recreation. Now, on this particular site outdoor recreation is a
principally permitted use. However, the site is nonconforming as, to landscaping and
parking. So, under the provisions of the Unified Development Code, even though it's a
principally permitted use, to establish it in a nonconforming manner would require a
Conditional Use Permit, which, obviously, requires a public hearing and a time
expenditure that does not comport with the appellant's desired schedule. So, that was
from a -- that was primarily one of the zoning considerations on it. Another concern was
that the placement that we have overlapping temporary use permits on this site,
because there has already been a temporary use permit issued for the sale of
Christmas trees and it appeared that the placement of the rink on the parking for the
Meridian City Council
November 24, 2009
Page 15 of 47
Christmas trees created an overlap that we wouldn't, then, have parking for the ice rink.
Other considerations that were outlined in the clerk's letter of denial were -- there would
be two structures on the property when the temporary use provisions of the city code
only allow one and there was some questions as to whether or not the rink actually
constitutes a structure. There wasn't sufficient information provided to the building
department or fire department based on that, because given the size of the rink, which
is close to 18,000 square feet, the reading of our temporary use standards when the
temporary use structure size, it's 700 square feet. In our discussions with the appellants
we did indicate that due to the presence of the speedway and the speedway is
considered an outdoor recreation use, if they were to put the rink inside the oval, if you
will, inside the track, kind of as an umbrella under the existing outdoor recreation, that
we would really just consider it a tenant improvement, not even a CZC would be
required and they could proceed and in a manner that would get them up and running
consistent with their time schedule. Apparently that was -- initially we thought that that
was something that could be worked out, even up until a day or two before the letter of
denial was issued. We thought that might be a possibility. Primarily they thought that
they wanted to get this matter before the Council and so we simply said, well, either
apply for atemporary -- or apply for a tenant improvement inside the track or apply for a
temporary use permit, which will, in all likelihood, be denied and, then, the appeal of that
denial is probably the quickest way to get before Council. If we had done it through --
say that we had done a director's determination under the Unified Development Code,
that you need a conditional use and so forth, then, you run into the public hearings that
we require for City Council review and that -- again, that would have pushed the time
frame out. So, that is kind of in a nutshell how we got to the point we are at tonight. So,
I don't know if I gave you enough information, too much information, or there is more
that you need.
De Weerd: Thank you, Pete. Anything needed to be added from the attorney or clerk?
Nary: Thank you, Madam Mayor, Members of the Council. I would reiterate what Pete
has said and I think the problematic part from legal's perspective is the CUP portion of
the denial. I don't have amethod -- unless the -- if the Council disagrees with that -- I
mean the Council can certainly do that, but I don't have a corresponding way to support
that and Idon't -- I mean I agree with planning, it is an extension of the current use and,
therefore, they should have come forward, you know, a couple of months ago and, then,
to the CUP process and, then, we probably wouldn't be here. But some of the other
things they appear to have addressed in this subsequent letter that's in your packet --
obviously, they need some time to be able to present that. So, I would just I guess
repeat what Pete had said.
De Weerd: Okay. And so, Council, in front of you is a hard copy of a letter received or
dated November 18th, as well as an a-mail dated November 20th. Those are both in
front of you. So, if there is no one here -- Pat Raymes. Would you like to make
comment? If you would, please, state your name and address for the record.
Raymes: Patrick Raymes. 11844 Chinden, Boise, Idaho. This is Ken Reed.
Meridian City Council
November 24, 2009
Page 16 of 47
Reed: My name is Kent Reed. I'm an architect in Boise, 2662 North 38th Street, Boise,
Idaho. Been trying to help Pat make sense of some of the processes here through the
CUP and the temporary use permit.
De Weerd: Thank you.
Reed: Thank you, Mayor and City Council. I think what we were trying to do is find a
way to kind of do what we thought were two complimentary uses, the Christmas sales
and ice skating rink. This has been coming together over the last few months as Pat
has found an opportunity to purchase an ice skating rink that's -- basically, it's a rolled
out mat that is chilled down and on a layer of sand and can be the legal size for hockey
and ice skating and so he was trying to create something that was pretty festive for the
holidays, ice skating, we were going have vending, some hot drinks, some pastries and,
then, Christmas tree sales would only, obviously, be about for another, what, three
weeks or something. So, we didn't really see them as contradictory uses, we saw them
as complimentary uses. We were looking at the code and we were trying to find a way
to get those to fit. The reason we were wanting to do this inside -- not inside the ring,
inside the speedway, but outside is because the nature of putting this mat out and
freezing the water would kind of damage the grass inside the center and, then, more
importantly, the asphalt track, which is getting resurfaced right now, is going to be very
slippery and it's got a slope to it and it's also got poor visibility from the street. So, we
felt that after they do get the asphalt in, which I think is going to be done in the next few
days or weeks, I really don't know the schedule, but when you're trying to get people
over a sloped asphalt track that's just been laid and if you got ice and snow, we were
really kind of fearful of some liability issues and people falling and getting hurt. So, the
logical place seemed to be on the end. It had better visibility, we could surround it with
Christmas trees, make it really fun. Also, more importantly, there is a little bam right
there. Pat actually has purchased a Zamboni machine, so that that requires kind of a
heated space to set up and, then, you roll it out and, then, you know, work the ice to get
it smooth. So, having that there adjacent to this rink would be really a good way to
facilitate the maintenance of this -- of this rink. So, getting it from that dairy bam onto
the --onto the center of the speedway would be a lot more arduous. So, those were the
main things that made us choose that area and working with the city they felt coming to
the Council and talking through those issues might be the area to -- the way to go to try
and resolve the conundrum. So, you know, we are looking to have something fun there.
We are looking to have something that only works for 60 days. It's -you know, it's --
obviously, we are thinking this would be a great family venue so that people can come
and skate and have some hot drinks and maybe buy a Christmas tree. Obviously, this
would extend about a month past the Christmas tree season. So, it only overlaps for
maybe two or three weeks. We are hoping to rent skates, employ up to 20 people for
this -- for this event and, anyway, we thought it would be a fun element for the City of
Meridian, so --
Raymes: You might want to address the legal -- or the structure and the things you
pointed out.
Meridian City Council
November 24, 2009
Page 17 of 47
Reed: Oh. Okay.
De Weerd: I guess if you could detail the elements of your appeal.
Reed: Well, in the letter that we sent out it does have some answers to some of the
issues that they brought up. We did feel that we were accommodating parking in the
new asphalted area that's shown on the diagram, which has just been recently paved.
We really don't view the ice rink as a structure. I think that if you look at something
that's only a few inches above grade and is, basically, just something that's frozen and
you can skate on it, there is really no forces acting on it. There is -- there is no life
safety. There is no, you know, egress, there is no structure, other than, you know, the
fact that it's sitting on the ground. There is no lateral forces. I mean there is -- the
permitting and the building department elements are -- seem evasive -- you know,
elusive to me, because it's, basically, just a surface on the ground that people can skate
on. The only structure that we are asking for is the one that is a small trailer to -- for a
caretaker for the Christmas trees and that's -- that's the only structure we think is
actually what you might consider something that needs actually a permit or permission
to put there. The rest Ithink we -- we covered in our letter. The time frame we don't --
we don't think will -- we don't wish to extend past 60 days. So, whenever we can
actually get approval for this, we can -- we need several days to set this up and, then,
we don't feel we would be extending past 60 days, by the end of January, so -- and,
then, removal is simply rolling the thing up and, basically, taking any sand that might be
left over away. So, there is really nothing constructed. You lay a bed of sand down and
you lay this rink down and you -- your freeze the water with a chiller and you're off
skating, so --
De Weerd: Council, did you have any questions regarding this, to kind of help with
this --
Zaremba: Madam Mayor? Not the subjects they have covered, but, parking, how
would you assure that your patrons didn't take up our parking space in the city park next
to it?
Reed: I don't know if we can actually rope off the city park, but we have parking
designated in all the area that's been paved for the -- for the speedway itself, which is
several hundred spaces. And we have got the area fenced off currently where the -- the
whole gravel area is going to be, basically, inaccessible. So, that whole north side
where the rink is and the Christmas trees will be sold is not where people can park. We
are going to be guiding them towards the paved parking behind the arena -- or the
speedway.
Zaremba: I didn't catch all of that. What's currently used as a pit for the speedway,
that's where you're planning the --
Meridian City Council
November 24, 2009
Page 18 of 47
Raymes: That's correct. The pit area has now been paved. They just had a project
where they finished it off and I think there is over 200, if not more, spaces just in that pit
area.
Zaremba: All right.
Reed: And they are paving the track itself.
Raymes: I think the track is done, but you're right.
Zaremba: Thank you.
Hoaglun: So -- Madam Mayor. The red arrows, then, indicate the entrances on that
diagram? What do those red arrows indicate?
Raymes: Correct. The arrows are the gate. That's afenced-off section where they
have (believe -- I think -- I have been told that this is where they have carnivals and nut
feeds or whatever they -- fireman's feed. A lot of events happen in that space. But we
are going to fence it off, so we can have access control for just patrons and not
vehicles. Vehicle use.
Hoaglun: So, then, if I might continue, Madam Mayor. For the Christmas tree lot,
someone wants to buy a Christmas tree, will they also park in the -- in the paved pit
area or is that -- they can park along -- along that drive there -- I mean they park, they
come out, pick their tree, you load it, they leave. If you're going to be there longer they
will park over here for skating?
Raymes: Correct. The Christmas tree lot has already been issued a permit and there is
a loading zone, which is right in the entry coming off of Main and that will allow them to
load and unload Christmas -- load I should say Christmas trees. As the tree sales go
away and the rink starts coming in, that will change and we will close that gate off and,
then, they are only going to use the pit area.
Hoaglun: Thank you.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor. The existing already provided temporary use permit is in
your hands as well?
Raymes: I was told today from the clerk's office that I can pick up my tree permit.
Rountree: Okay. So, you are the applicant for both?
Raymes: I am the applicant and a different business, yes.
Meridian City Council
November 24, 2009
Page 19 of 47
Rountree: Okay. So, what you're proposing is that the -- the parking lot area would
have a fenced off driveway from Main back to the pit area and there would be no
vehicular access into -- into that triangle, if you will.
Raymes: Only emergency access will be allowed.
Rountree: Do you have any erosion control built into that? Because when you melt the
18,000 square feet of water it's got to go somewhere and it's not just all going to go into
the ground.
Raymes: Correct. There is a process behind the ice itself. On the erosion control for
the lot, there has been placed now for the tree farm. As far as when we are done in --
was it February 1? The whole thing's in a containment system, which we just vacuum
the water right out of it and it goes away in a -- it trucked off to storm systems. It's -- you
know, it's just regular potable water. But that is the -- it doesn't just erode into the land.
We, actually, recover it. The Zamboni also cuts the ice down and it turns it to snow,
which is moved away into a melting pit. So, you're only talking about three-quarters of
an inch of ice that's going to be melted.
Rountree: With respect to the Zamboni and the proximity to your proposed rink site, at
least Boise's proved that theirs can get to Dairy Queen, so --
Raymes: It's funny you brought that up. This is the Zamboni that went to the Burger
King.
Rountree: Or the Burger King.
Raymes: Or the Burger King. This is the actual Zamboni. I purchased it from the city,
so -- it's kind of an interesting story on that. We have restored it.
De Weerd: Council, any other questions?
Hoaglun: Madam Mayor, I have a question for Pete. On a nonconforming use, you
said this was a permitted use on a nonconforming site and the reasons for that were the
parking lot design and the landscaping and help me -- I'm trying wrap my head around
like a temporary use permit for selling Christmas trees, do they -- I mean trees requiring
landscaping is kind of an oxymoron, but when we have temporary use permit
requirements is landscaping part of that now?
Friedman: Madam Mayor and Council Members, Council Member Hoaglun. No.
Temporary use regulations are codified in a different section of the city code. I believe
it's in Title 4. The landscaping requirements, which are contained in the Unified
Development Code, are more for -- intended for permanent development and
businesses to establish in the city. What makes this kind of unusual is while the race
track is an outdoor recreation facility as defined by our code, as is the ice rink, I mean
that was our determination. If you read the definition for outdoor recreation it falls right
Meridian City Council
November 24, 2009
Page 20 of 47
within that. But the ice -- the speedway in itself is nonconforming due to the fact that
there -- it's an entryway corridor and it should have a landscaping street buffer adjacent
to Main Street and it should have parking that is striped and landscaped in accordance
with the code. So, to expand that onto this site, the code recognizes that there may be
instances where you would want to extend a nonconforming use and under a
nonconforming use section the code does incorporate landscaping and parking as a
nonconforming use. So, in order to do that it would be through -- the Conditional Use
Permit is the vehicle to do that. And so when we were approached with -- well, first --
yeah. When we were approached with this we did some scratching our heads and,
then, went into the code and finally concluded that it meets the definition of outdoor
recreation, but to put it on this site would, in fact, an extension of the nonconformity of
the race track, therefore, it requires a conditional use, which, then, has its own timeline
for hearings and such.
Hoaglun: I think I got that. Thank you.
Friedman: You're welcome.
Holman: Madam Mayor, Members of the Council, can I bring up a point? I pulled up
the site diagram for the Christmas tree lot and it conflicts very much with the site
diagram for the ice rink. I show the approved application that you have showing the
parking right where the ice rink is, that a sediment trap will be put in over on this other
side here. No parking on the back area. So, my question is, I guess, for legal, we
approved this Christmas tree lot already. Would this site diagram and all of the sign-off
happened with this, so how do we handle an approved permit that's now changing, if we
approve this second one? Or -- I guess that's my question. I saved a copy of it on the
public drive and might see if Pete can bring that up, if you want to see the diagram for
the Christmas tree lot or does that have any bearing on this?
Nary: Madam Mayor, Members of the Council, it does have great bearing on it, there is
already an approved permit, where this would, essentially, supercede that. So, the
Council and -- if the Council wants to grant this, then, we are going to have to address
the other one, because it may end up causing the clerk's office, then, to revoke the
other one, because there is no longer parking and they are going to have to reapply,
because they can't have it both ways. I mean that's the problem is you're, essentially,
wanting to use the same space for two different purposes at the exact same time and
that's the temporary use permit that's in front of you and, again, I think there is still the
issue of the conditional use that planning is saying is required under the code, because
this isn't any different than if -- whoever wants to extend that recreational use out into
that area, has to bring it up to code and that's -- or it's required to go through the
conditional use process and that part isn't really part of your appeal, I mean that --
really, your appeal is just of the temporary use that was denied and there is still a
question as to what happens with the conditional use question that planning has raised,
because in the code there is no appeal. If the director determines you need a
conditional use, there is no appeal of that decision to the Council, you go to the
Meridian City Council
November 24, 2009
Page 21 of 47
Planning and Zoning Commission, because that's -- that's the people who make the
decision of conditional uses is the Planning and Zoning.
Reed: Madam Mayor?
De Weerd: Yes, sir.
Reed: Thank you. And Council. We have been trying to figure out how to process this
for quite some time and we have to admit there has kind of been a disconnect between
some of the messaging we have been getting from the speedway and, then, obviously,
the information we have been getting from the City of Meridian. So, we put together an
application for a temporary use permit for a tree and, then, we started to work on how to
get the rink approved, since we wanted it there, but we were told we couldn't get it
there. The speedway people were saying it should work. It should work. You shouldn't
have a problem. But we weren't sure what would happen if we started putting it
together. We wanted to go through the process -- obviously this process is becoming
complicated, so we also have the second site plan that we submitted and -- showing the
parking, showing the intent of a rink located where ,we have got it in that AutoCAD
graphic. This is, obviously, more of a hand sketch. So, that's a second application and
that second application was denied, because that was the route that -after talking with
Planning and Zoning, would be the best way to get it in front of a voting body to
determine how we can possibly proceed, because, obviously, a Conditional Use Permit
would take a lot longer and the whole ability for us to actually create this venue during
the winter holiday would be gone. So, therein lies the problem. The conditional use is
too lengthy of a process for us to process this in any sort of a timely manner and have
something of a Christmas holiday ice skating rink and it would -- we just wouldn't have
that opportunity.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: What you were speaking to is the diagram we are looking at?
Reed: That's what we have a temporary use permit for. That's what we have to sell
Christmas trees with and, then, we submitted a second temporary use application,
because after talking with Planning and Zoning they suggested, well, if you do submit
another temporary use application outside of the speedway, we will deny it and, then,
we will put you on the agenda for City Council in a week it can be determined how to
proceed from there. So, that's an autoCAD drawing of the site plan with the speedway
and the ice rink and the Christmas trees and the emergency access is the current
application in front of you tonight.
Rountree: Madam Mayor?
De Weerd: Yes.
Meridian City Council
November 24, 2009
Page 22 of 47
Rountree: Question for counsel. And what you just said, Bill, was that the -- there is no
provision in the ordinance and there is no mechanism for Council to act on an appeal on
a decision about a Conditional Use Permit applicability?
Nary: In my review I don't find it. Now, Pete, am I incorrect? I don't see an appeal of
that decision for a CU except to the body that would make that decision, which is the
Planning and Zoning Commission, not the City Council, and I may be missing it, but I'm
not seeing that in looking at the code. So, you have -- the problem is you have two
different things here. This temporary use in a different location would be in front of you
if it was denied. If this was applied for in a place that would allow it to be there without
the conditional use requirement. The conditional use is a different wrinkle and that's my
only concern. In reviewing the code I don't see an appeal process, except to the body
that makes the decision and in the Conditional Use Permit it's the Commission.
Friedman: Madam Mayor, Council, not to contradict Bill -- the only other way -- and,
again, the end results would be the same, being before this body, would have been for
them to seek a director's determination and our determination would have been that this
is outdoor recreation, it requires a Conditional Use Permit, because of the
nonconformity of it and, then, if they chose to take issue with that, they could request
Council review of that determination, very much like we did recently with the
construction hours over on the Ten Mile project. Again, the issue in that is that Council
review is a public hearing, so we would have been into -there would have been a time
element, there would have been costs and so forth. So, Mr. Reed is correct, when I
spoke with Mr. Raymes last week I said, you know, here are your options, go inside the
speedway, we will consider it a tenant improvement and so forth, or if you truly want to
get this before the City Council, really, the only way to do that is apply for a temporary
use permit, it will be denied. You can, then, appeal that denial. So, that's how we arrive
here tonight. He choose the second path.
Nary: Madam Mayor, Members of the Council, I mean even though -- to take Pete's
reasoning, if we were to treat this as a director's determination and appeal, then, they
still have to have notice and a public hearing. They can't do that tonight. That's not
what's in front of you. So, you still have the conditional use problem of wanting to put
this in this location that at this point the planning director has determined requires a CU.
Hoaglun: Can I ask some more questions here?
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: Still trying to -- the site is a nonconforming use. Does that include to where
they have the fence, the parking lot, is that all -- the speedway site, does that include
that parking area where they are going to have their Christmas tree lot?
Friedman: It would, Councilman -- Madam Mayor, Council Member Hoaglun, Council, it
would include that, because we would be expanding the outdoor recreation into that
Meridian City Council
November 24, 2009
Page 23 of 47
area and because the entire area is nonconforming as to our landscaping standards,
that triggers the necessity for the Conditional Use Permit.
Hoaglun: Okay. And, then, Pete, to follow up on that, I just want to be sure I
understand why it's okay to put it inside the speedway. Is that because that's the
recreational site itself, as opposed to being outside in the parking lot, although it's still
nonconforming, because the recreational site, that's part of the nonconforming area, but
because it's outside of that particular recreational use, so the fact that it's still part of the
nonconforming lot doesn't exempt it from -- okay.
Friedman: Madam Mayor, Council Members, Council Member Hoaglun, that pretty
much is it in a nutshell. Our determination was you go inside that oval, that's an existing
outdoor recreation. It's just -- instead of cars going around in circles at this time of year
we would have skaters going around in circles. So, you really are under the umbrella of
the existing outdoor recreation, so you're not really -- you're not extending that use out
onto the property. So, even though the site is still nonconforming as to parking and
landscaping, the activity is actually occurring within an area that presently exists.
Hoaglun: But if they race in the parking lot, then, we can say -- no. Never mind.
Zaremba: Madam Mayor?
De Weerd: I just think that as these ordinances are wiritten it's hard to contemplate
every single application that we can get. This didn't contemplate this particular type of
request and that's why it's been very difficult to try and nail it down into where is the
most appropriate body and process to consider it to get you an answer and I guess it
would have been less of an issue if this process would have happened months ago, but
that's why we are here today. Mr. Zaremba.
Zaremba: I was just going to make a clarification for some of the people in the audience
who may not understand nonconforming uses and that is the -the owner of this
property, which is the dairy board and the consistent user of it, which is the speedway
as a lessee, have been there for quite awhile. A few years ago we changed our Unified
Development Code and changed some of the landscape ordinances and that's how this
becomes a nonconforming use. The non-official term is grandfathered. They get to
continue using the property the way they were before the law was changed, as long as
they don't ask for something different on the property, and where we run into a problem
is this appears to be asking for something different on the property than the speedway
use and that brings up the fact that it doesn't qualify under the grandfatheiring for the
nonconforming. Just as a feeling, I know for at least ten years people have been saying
we need to have an ice skating rink somewhere in Meridian and I applaud your effort to
make that happen, even on a temporary basis. The difficulty comes when we try and
figure out how not to make the laws apply to it. I'll have to say I sure would like to see it
go inside the oval and that would make life a lot easier for a lot of people and not screw
up what was already approved for the temporary use for the -- for the tree sales.
Doesn't help, but that's a comment.
Meridian City Council
November 24, 2009
Page 24 of 47
De Weerd: Council, any other questions of the appellant or of staff?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Apparently the way the application was made it -- it in itself is not a
temporary use, because of the timeline they established, it has to be 60 days or less.
So, that -- that's easily corrected I'm sure. It doesn't make the conundrum we have in
terms of trying to figure out how to either make this work or deny it. I haven't heard in
opening that makes it a straight forward decision on our part, without having to have
some kind of a public involvement, public hearing process. I have a couple other
concerns. You talked about concessions, sales, vending, and rentals and a minimum of
20 folks out there operating this activity, as well as the tree sales out of one small trailer
and I'm not sure how I understand that all is going to work and it seems to me that the
next thing we will see it will need a tent and some space for storage of rental equipment
and that sort of thing. So, tell me about what your real plans are.
Raymes: Yes. Madam Mayor, Councilman Rountree, the -- the existing dairy buildings
are part of our lease with the track and we were going to use those buildings for those
concessions. There is about 3,000 square feet of covered space that will be used for
the skate rental and to get on and off the ice in a heated environment where there is,
you know, just some, you know, blowers or heaters in there so they can stay warm and,
then, get in and off. The longer building, which is another couple thousand feet, that's
just for storage of the Zamboni and any of the dry supplies or the skate rental itself or --
when we are not there. So, to answer your question, there is no other buildings
necessary to operate a temporary rink. I have seen other rinks operate around the
country, I have been on these rinks, and they have less space and they are in much
bigger cities than this, you know -- you know, the Rockefeller Center and the San Jose
at the Palms. They do them on the beach down in LA. They use much smaller, you
know, buildings, as you say, or temp to set up skates and some hot chocolate. That's
basically what we are trying to say here. If that answers your question.
Reed: So, we are not asking to extend anymore structures -- the only structure we
would like to place on the property would be the small trailer for the caretaker at night to
oversee the trees and make sure nothing gets stolen or -- and a place to have a small
office there. So, that -- we don't feel like we are exceeding the -- the temporary use
permit with any structures, because we are using the one that's there, which -- which
gave us reason to put the ice rink on that side, because it was so well set up with that
structure. We just really couldn't see how a conditional use, given the nature of the
property, would be required -- I mean my understanding is that -- as it's been alluded to,
there has been carnivals and, obviously, speedway activities and Fourth of July events
and all sorts of things here and it just seems like this was hand in glove with the
activities that go on with the -- with the speedway and having the ice rink located at that
end of the property, it seems hard to understand that it wouldn't be any different than
Meridian City Council
November 24, 2009
Page 25 of 47
any other location and given the facilities that are so perfectly suited to this. The gravel
parking lot is ready made to be leveled and added that rink and, then, the facility -- the
barn for the Zamboni and the concessions and the visibility and the fact that, you know,
getting people through the -- the track -- over the track and into that center area is a bit
of a precarious and dangerous sort of request. We just thought this was a natural
location for that and it's all one property, with a lot of different types of activities and we
were hoping this would be a real complimentary inclusion. Thank you very much for
your time.
Rountree: Thank you.
De Weerd: Okay. Council?
Hoaglun: Madam Mayor, can I ask Pete another question?
De Weerd: Please.
Hoaglun: I like the concept. I mean we are doing something that brings people into
Meridian. If this were at a different location -- I want to make sure I understand the
process. I keep looking for cracks, see if there is something we can make work, but
probably not. If we were to do this in another location, could they do it under the
temporary use application if it's for 60 days or would it still require a conditional use
requirement at a different piece of property?
Friedman: Madam Mayor, Council Member Hoaglun, Council Members, I can give you
a qualified answer on that, because it would depend on the location. It's entirely
possible at another location that is zoned appropriately where outdoor recreation is a
principally permitted use. If they had a site where maybe they had already land -- you
know, it was large size and already landscaped or something like that. Like, for
example, Roaring Springs. Then, the Conditional Use Permit wouldn't be required.
There are certain zoned districts in the city where outdoor recreation is a conditional
use, there are others where it's principally permitted. For example, it is principally
permitted in the C-G zone as located here. So, if they were to set it up in the location
where you had already conforming landscaped parking areas, for example, and it was a
principally permitted use, then, yeah, it can be located there.
Hoaglun: Okay. Thank you.
De Weerd: Mr. Rountree.
Rountree: Thank you. Either for Pete or Bill or both. I'm completely confused at this
point in terms of the activities that occur on that site and whether they have been
permitted in the past and, if not, why not. Or if they have been permitted in the past,
how. It seems to me there is a number of uses that occur on that site that are not
related to the speedway's activity. Everything from salmon barbecue to a carnival to
Meridian City Council
November 24, 2009
Page 26 of 47
Christmas tree sales and car shows. So, help me understand why we are where we
are.
Friedman: Madam Mayor, Council Members -- Mr. Nary's pointing at me. I wish I had a
mirror, but I will handle that one. Actually, we are both going to point at the clerk in a
moment. It's my understanding that things like the carnival, the salmon barbecue and
things like that, fall under yet another permit, which is a special event permit, as
opposed to the temporary use permit.
Nary: Right.
Friedman: So, I hope that provides some clarity, as opposed to muddying the waters a
little bit more.
Rountree: So, I guess --
Nary: Special events are 14 days or less.
Friedman: Yeah.
Nary: And so that's -- that's how those other events qualify under this city clerk sales --
outdoorsales, temporary sales, mobile sales unit, special events.
Rountree: Okay. Thank you. It helps. Vliell, it doesn't, but it helps me understand,
anyway.
Nary: It explains why there is a difference. The other thing, in looking at this and I'm
not sure if Mrs. Holman can answer this, but what I thought I heard the applicant say
was they were -- they have a 700 square foot unit and -- but they are going to operate
vending out of the buildings that are there? And under the temporary sales unit you
can't use some other building, except it has to be -- you get one building, 700 square
feet. That's all you can use for a temporary sales unit. And maybe I misunderstood
that, but that's what it sounded like their testimony was, is they want to use the other
buildings for vending and the 700 square foot for just their Zamboni and under our
ordinance you can't do that. You get one building per temporary sales unit. Is that
correct? I mean that's the way I read it. It says under our city ordinance it shall be
unlawful to utilize more than one structure in the operation of a temporary sales unit and
the temporary sale unit structure may be 700 square feet.
Holman: Madam Mayor, Members of the Council, that brings up another section of
letter that -- the denial letter in which it says that their application for the ice rink, it does
not describe the structural dimensions of the proposed ice rink. The fire and building
departments are unable to assess whether the ice rink structure as proposed would be
constructed in conformance with applicable fire and building code provisions or within
the 700 square foot limitations of Meridian City Code, Section 3-4-3, which reads in
relevant part: It shall be unlawful for any structure utilized in the operation of a
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November 24, 2009
Page 27 of 47
temporary sales unit to be more than 700 square feet. In a previous iteration of this
proposed temporary use application, which was temporary use 09-054, the ice rink was
proposed to be a structure of approximately 18,275 square feet, which would exceed
the code's limits. More information is required in order to make this determination
conclusive, I guess. There is a question as to whether the ice rink I guess is considered
a structure.
Zaremba: Madam Mayor?
De Weerd: Yes. Mr. Zaremba.
Zaremba: I guess I would add to my comment that while I would like to see this kind of
thing happened at some time, I'm not sure it's right to be rushing. Unfortunately, this
winter will be over fairly soon -- hasn't even started yet. But it will be over and I wonder
whether there is some bugs we ought to try and work out and hope the applicant would
be interested in doing this a year from now, perhaps inside the speedway or not in
conjunction with an already existing CUP. Some of the other things that I worry about,
that I know we have been assured that nothing can go wrong with all that water, that it
would never melt and escape the -- the thing, but the city owns a park right next to it
that is a lower elevation. Westem Ada Recreation owns a swimming pool right next to
this that is a lower elevation. And if there were ever a thaw and -- I mean the equipment
fails and there is warm days and it thaws and all the water does escape, I think the city
and probably Westem Ada Recreation would want to have some -- what do you call it --
insurance or indemnity that this activity on somebody else's property isn't going to
damage our property and those are things I'm not sure we can work out tonight.
Doesn't mean I don't want this to happen, I'm just not sure it should happen this year.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Usually at this point we have either found a way to work around our rules
and regulations and come to some general consensus or in this particular instance it
appears that we are stymied at every angle. I'm not opposed to the concept. I would
really like to see it go inside the speedway, inside the oval, and move forward. I see no
other way around this at this point and I would make a motion that we uphold the city
clerk's denial of this temporary use permit.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Hoaglun: A brief comment, Madam Mayor. Yeah, I wish there was a way we could do
this. If -- I mean a couple months out we probably could have worked our way around it
and done some things maybe with conditional use. I'm not sure. The timing didn't help,
but, you know, I can understand their reasons for not wanting to go in the speedway,
Meridian City Council
November 24, 2009
Page 28 of 47
but at the same time there is some good marketing tools -- skating at the speedway.
People think they get to race around the track may draw a few people in. But, yeah, I
wish we could make this happen. But it's -- as the Council President said, you know, if
we haven't found a way by now we are -- we are not going to -- going to be able to do it,
unfortunately. So, I wish we could.
De Weerd: Thank you. You know, I would like to thank staff and the applicant to --
trying to figure this out and I go back to my original comment that this is one of those
things that have been difficult to contemplate under our current code. Certainly, if you
haven't been totally turned off by this process by now, we would love to work with you
and hope to make it work in another location perhaps or at least in anticipation for next
year. And it sounds -- although the vote has not been made yet, we would like to be a
partner to your success and see how we can work with you and a and maybe even look
at our current code and see what changes we need to do to contemplate this type of
use. Certainly we have to start a little earlier. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Raymes: I just wanted to say something.
De Weerd: If you will just state your name for the record.
Raymes: Pat Raymes.
De Weerd: Thank you, Pat.
Raymes: Oh, I -- coming to a conclusion here, I wanted to thank you guys for your time
and -- but, you know, you guys wasted a lot of time on this tonight and, you know, there
is other things to do, but this has been a lot of work for us. We have -- this is our fourth
location and it has -- you know, at the 11th hour, as you say, you know, getting to this
thing. I have a lot of passion for the ice skaters. I have been involved with them for the
last five years and I think it would be a great thing for the city. Down the road I would
like to see this put into a permanent facility. We are already actively looking for
buildings, see if there is, you know, some businesses moving out, we could move into,
and so to have a future of, you know, a skating rink in the city would make things a lot
easier for a lot of folks that have to drive out to the Simplot facility out there, which you
guys know that's a good half hour out of my day five days a week, so I'm going to
pursue with it into a permanent location here into the spring, but we will consider the
track. We are going to continue with the sale of the trees. If we can work something
out with the speedway and it's not a safety concern, we will go ahead and use that
permitted use. So, there is also some future stuff with the Kleiner Park that I have
spoke with parks department and the Kleiners about maybe getting involved with doing
a private-public partnership and freezing some of the ponds and getting involved out
there when that park gets developed. So, there is a lot of stuff that can happen, which
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November 24, 2009
Page 29 of 47
would be fantastic for the city and in a private relationship that -- so, we are the ones
putting up the money, not the public, and we are taking all the risk. But I see that there
is a win-win here. So, maybe on another time we can chat about that.
De Weerd: Well, I do think it's worth continuing the conversation and appreciate your
passion and your commitment to looking at bringing it to our community.
Raymes: Thank you much and maybe we will see you in the speedway, so -- thank
you.
De Weerd: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: If I may, I would throw in one other idea and that is that our fairly new Heroes
Park, which is on the north end of town, it's not in the center of town, but it has an area
set aside for summertime in-line skating hockey and you would be -- it's already flat. It's
a paved surface, it's planned to be used for a similar activity during the summer and I'd
just touch bases with our parks department and see whether that's a possibility.
Raymes: I'll do that.
Zaremba: Okay.
De Weerd: Okay. Thank you, staff. Thank you, Council. Thanks to the appellant.
Item 7: Items Moved From Consent Agenda
F. Consultant Agreement with Safety Enterprises, Inc. to Provide
Safety Services to the City of Meridian, for aNot-to-Exceed
Amount of $27,600.00
De Weerd: Okay. We did remove an item from the Consent Agenda. Item F.
Rountree: Madam Mayor, I think that particular item just raises some questions about
what is it -- what are we contracting for. Bruce?
Freckleton: Madam Mayor, Mr. President, Members of the Council, the contract that we
have before you is for professional services for safety consulting. Approximately three
years ago we entered into a contract with this same consultant to develop a safety
program for the City of Meridian. We are dedicated to making our construction sites for
our capital projects safe for our employer and for contractors working on those sites as
well. The consultant has continued to work with us. We have had contracts over the
past three years I believe it is. The -- basically, the scope of services are for the -- they
Meridian City Council
November 24, 2009
Page 30 of 47
attend monthly safety committee meetings with our staff. They serve as a resource
during those discussions. They also attend bi-annual task force meetings and serve as
a resource for discussion and review of plans that are going on there. They also
conduct safety audits on all of our capital projects that we have going on. They will do
site visits when our personnel are working to make sure that -- that we are following
current and proper safety procedures for hard hats, the right safety equipment that we
employ on sites. So, they are working with the water department. They are working
with the wastewater treatment facility on any -- you know, any wells that we have going
on, any new lift station projects we have going on. The constant upgrade projects that
we have going on at the wastewater plant, they are involved quite heavily out there.
They also, you know, make recommendations for any changes that might come as a
result of those visits and there is -- I believe the contract contemplates that a minimum
of two separate safety training topics will be presented each year by this consultant for
our staff. There is quite a lengthy list included in the attachment A and scope of
services of the different types of topics that they would cover. I don't know if that
answers your question or not, but that's -- that's what I have.
De Weerd: Thank you, Bruce. Any further questions? Mr. Rountree.
Rountree: No. It helps me understand.
Bird: Bruce, I didn't understand. You might have said it earlier, but did we -- did we
competitively bid this safety thing?
Freckleton: Madam Mayor, Council, I -- I was not involved in this particular one.
Perhaps Bill could weigh in here. I believe it was competitively bid.
Nary: Madam Mayor, Members of the Council, in looking at the attachment from Mr.
Steckline, it appears they did. This is the only responder. I did just send Mr. Freckleton
and Mr. Barry an a-mail, because I met a number of times with the State Insurance
Fund as the risk manager and they do provide some of this service, probably not to the
degree that they need it for what they are talking about specifically, so I don't know if
they had any contact with the State Insurance Fund, because they are our insurer on
worker's comp safety. So, they do provide some of this service, but not I think to the
degree they are talking about. So, I think there is a necessity for having this and -- and I
will work with Mr. Barry and Mr. Freckleton to make sure we -- you know, what things
that can be done by the State Insurance Fund, we will make sure they are involved in
the loop, but I do think there is a necessity to have this type of -- more extensive when
you're talking about these types of projects than what the State Insurance Fund would
do.
Bird: Madam Mayor, follow up, please.
De Weerd: Mr. Bird. Uh-huh.
Meridian City Council
November 24, 2009
Page 31 of 47
Bird: Bill, would you also check that -- I think in a lot of our capital bids and stuff the
contractor or construction manager is required to have safety inspections at the time,
because they are -- most of them are partnered up with OSHA and they have -- they
have people doing this and while we pay for it one way or the other, let's don't double
pay.
Nary: Certainly.
Bird: Other than that I -- I mean I think it's great to have, if it's not -- not a duplication
on the job sites. So, I'm like Councilman Rountree, that was my one question is, you
know, he explained what it was.
Freckleton: Madam Mayor, Members of the Council, Councilman Bird, the -- the reach
of this contract I do not believe reaches as far as the private contractor on site. This,
basically, is for the coverage of our employees as they visit the sites and how they
conduct themselves on a work site. I believe there is a separation there and you are
correct, each -- each contractor is responsible for providing their own safety services.
Bird: Follow up, Madam Mayor?
De Weerd: Yes.
Bird: And I think if you will read in the contracts when -- if they have got their safety
people on there, they are the ones that are in charge and when we, as employees, are
on that, we are guests of theirs and we are to bide by theirs. So, I do not know why we
would duplicate that service.
Freckleton: That is a good question.
Rountree: Madam Mayor, I would make a motion that we table this item and have
Public Works and their liaison get together --
Bird: And legal, too.
Rountree: -- and legal on this particular contract.
Bird: I would second that.
De Weerd: We have a motion and a second to table this item. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 8: Action Items
Meridian City Council
November 24, 2009
Page 32 of 47
A. Open Public Hearing and Public Comment Period for PY2008
CAPER
De Weerd: Okay. This next item is a public hearing and per the Community
Development Block Grant requirements this is a public hearing and comment period for
the Consolidated Annual Performance and Evaluation Report, CAPER, on the 2008
CDBG program year. The hearing and comment period are scheduled through
December 15th, at which time staff will be back to present the full CAPER with any
comments received for Council's consideration. This draft report is available for the
public review online and here at City Hall. This public hearing is open. Pete, do you
have any comment?
Friedman: Madam Mayor, Council Members, no. I think the Mayor has stated it very
succinctly the purpose of this. It is a formality under the conditions of our Community
Development Block Grant, so we are pulling together the annual performance report for
the past -- for the year 2008 in terms of our program year and no action is required of
you tonight, it's merely to open the public hearing, take any testimony that might be
offered, and, then, leave the comment period open through December 15th, at which
time, then, we will be back to you with any comments that we have received and move
forward with that and that annual report.
De Weerd: Thank you. Is there any member of the public who would like to provide
testimony at this point?
Nary: The humiliation continues.
De Weerd: This is a photo opportunity as well, Madam Clerk.
Rountree: That is a Vandal and a half.
Wardle: Thank you, Madam Mayor, Members of the Council. For the record, Shaun
Wardle, 2239 East Greiner Street in Meridian. I'm here today to provide public
testimony. As a verbal contract I am required to tell you that -- of my own free will I'm
about to make a statement that the Boise State Broncos rule and I have a number of
reasons why they rule. The first of which would be -- we have been at this particular
meeting for an hour and 35 minutes and an hour and 35 minutes into the Boise State -
University of Idaho football game the game had certainly been lost by the Vandals and
we are currently being dominated as they for ten years and so with that I would end my
public testimony and take any questions.
De Weerd: That is very relevant to this topic. Thank you.
Rountree: Now that's sportsmanship.
Meridian City Council
November 24, 2009
Page 33 of 47
De Weerd: Wow. That's loyalty to a bet I would say. Okay. Any other member of the
public wish to come and bear their soul? Okay. We will set this for December 15th, at
which time we will have wrap-up remarks from staff.
Friedman: That is correct.
De Weerd: And I'm sure you will take that declaration from Mr. Wardle into account for
our public record.
Friedman: I will be sure to get that verbatim from Dean and we will tender it into the
record.
B. Public Hearing: Meridian Crossing AZ 09-008 by James Zeiter
located at 1085 S. Ten Mile Road: Request for Annexation and
Zoning of a total of 115.26 acres consisting of 48.59 acres to
the C-C zoning district; 27.27 acres to the H-E zoning district;
22.57 acres to the M-E zoning district; and 16.83 acres to the
R-40 zoning district
De Weerd: Thank you, Mr. Borton. Okay. Item 8-B has been requested to continue to
December 8th. I will open this public hearing regarding Meridian Crossing, AZ 09-008,
and ask Council for a motion to continue.
Rountree: So moved.
Bird: Second.
De Weerd: I have a motion and a second to continue this item to December 8th, 2009.
All those in favor say aye. All ayes. All ayes.
MOTION CARRIED: ALL AYES.
C. Public Hearing: Cavanaugh Ridge by Affinity Bank located at
4275 S. Locust Grove Road
1. RZ 08-005: Request for Rezone of 91.09 acres from R-4
to R-8 zone
2. PP 08-010: Request for Preliminary Plat approval for 255
residential building lots and 27 common area lots on
91.09 acres in a proposed R-8 zoning district
3. MDA 08-003: Request for Development
Agreement Modification to include updated project
information
Meridian City Council
November 24, 2009
Page 34 of 47
4. VAR 09-006: Request for Variance to UDC 11-6C-3F to
exceed the maximum block length allowed in residential
district for Blocks 7, 12 and 14
De Weerd: Item 8-C is a public hearing on Cavanaugh Ridge. It includes RZ 09-005,
PP 08-010, MDA 08-003 and VAR 09-006. I will ask for staff comments at this time.
Wafters: Thank you, Madam Mayor, Members of the Council. The next application
before you is a rezone of 91.09 acres from R-4 to R-8, preliminary plat approval of 255
single family residential building lots and seven common area lots, a modification to the
existing development agreement for Reflection Ridge to include updated project
information for Cavanaugh Ridge Subdivision, and a variance to exceed the maximum
block length allowed in residential districts for Blocks 7, 12, and 14. The property is
located at 4275 South Locust Grove Road on the west side of Locust Grove midway
between Victory and Amity. Here is an aerial view of the property. A little background
information on this. This property received annexation, preliminary plat, and Conditional
Use Permit planned development approval in 2006 as Reflection Ridge Subdivision.
The property was annexed with an R-4 zoning district, but the preliminary plat and
planned development have expired. Since that time the dimensional standards for the
R-4 district have changed and the previously approved lot sizes no longer meets the R-
4standards. In order to process, essentially, the same preliminary plat, the applicant is
requesting approval to rezone the property to R-8 in order to comply with dimensional
standards. The only substantial change to the plat is the addition of a public street
along the west boundary of the subdivision, which provides access to the landlocked
property southwest of the site. Staff favors the revisions made to the plat as shown.
And these are the elevations that were approved with Reflection Ridge that are part of
the development agreement. So, these are what the future structures on the site will
look like. And the Commission recommended approval of the rezone and preliminary
plat at their October 15th, 2009, public hearing. Summary of the Commission's hearing.
In favor of the application was Ashley Ford. No one testified in opposition or
commented on the application. Ashley Ford did submit written testimony in response to
the staff report. Key issues of discussion by the Commission was the lighting along the
multi-use pathway required along the Farr Lateral, which is here at the west and south
boundary of the plat. Concerns about the safety of children traveling to school on the
Farr Lateral pathway. Key Commission changes to the staff recommendation was a
modification to development agreement provision 1.4.2 to require a gate with a knox
box entry system instead of a barricade at the end of Reflection Ridge Drive where it
connects to the public street along the west boundary of the subdivision. Modification to
provision 3.9, to clarify emergency access requirements for the subdivision. And a
modification to provision 4.2 to specifically require bollard style lighting along the Farr
Lateral pathway. There are no outstanding issues for City Council. The planned
development, which was previously approved for this site allowed for reductions to
certain dimensional standards, including the allowance to exceed the maximum block
length allowed in residential districts. Because the planned development has expired,
approval of a variance is now required for Blocks 7, 12, and 15 to exceed the maximum
block length. Because Block 7 abuts the Ridenbaugh Canal here along the northeast
Meridian City Council
November 24, 2009
Page 35 of 47
boundary and a stub street and a bridge connection is proposed at the south end of
Block 7 right here to Normandy Subdivision, staff does not feel another connection
across the Ridenbaugh is necessary. Because Block 14, here along the southwest
boundary, abuts land that has a significant slope, a street connection in this area is not
feasible. And, last, no stub streets to the south were provided in Cavanaugh
Subdivision that's here to the northwest of this site that abuts Block 12 of the proposed
plat. Requiring a stub street to be provided would not be practical, as it would not
connect two a stub street from Cavanaugh Subdivision. Further, although the block
length exceeds the maximum allowed connectivity is still provided between the two
subdivisions at the north end of Block 12, Impression Street here and by a pedestrian
pathway proposed in Lot 13 here. Just to note, the -- the print of the Cavanaugh
Subdivision here is not the most current plat. There is a street connection right here.
Staff supports the variance request for the afore-mentioned reasons and believes that
the three findings required for a variance can be made, as stated in the staff report. The
modification to the development agreement is requested to include updated project
information, including ownership, project name, zoning change from R-4 to R-8, provide
legal descriptions and exhibits and revised plat and landscape plans. Ashley Ford did
submit written testimony since the planning commission meeting in response to the staff
report. Staff recommends approval of the development agreement modification and the
variance and staff will stand for any questions the Council may have.
De Weerd: Thank you. Council, any questions at this time?
Bird: I have none.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor. Sonya, you talked about a stub street at the end of Block 7, I
believe, that would ultimately provide a crossing of the canal. What provisions are
being made for that crossing?
Wafters: Council President Rountree, Councilman, Mayor, this is -- this is just a stub
here. There was provisions with the Normandy Subdivision -- I'm trying to remember
what they are. Just a second here and let me see if it's in my staff report.
Zaremba: Madam Mayor, while she's looking, this may have come through while I was
still on the Planning and Zoning Commission and my recollection would be that they
were required to bond for half the bridge, adjoining subdivision would put up the rest
when they developed.
Wafters: In answer to that question, ACRD required a bridge connection across the
Ridenbaugh Canal to be constructed as a condition of approval of Normandy
Subdivision. So, that was not a requirement placed on this property.
Rountree: Thank you.
Meridian City Council
November 24, 2009
Page 36 of 47
De Weerd: Okay. Any other questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: A question on the block lengths. My understanding is there is, basically, two
reasons behind not wanting block lengths to get too long. One is walkability, people
would move out, but also fire department requirements of what they can reach and
access from place to place and I guess I would ask the fire department opinion of this
variance.
Niemeyer: Madam Mayor, Members of Council, Councilman Zaremba, in talking to
Deputy Chief Silva he had no outstanding issues on this -- on this issue.
De Weerd: Thank you. Anything further? Would the applicant like to come forward.
Good evening.
Ford: Good evening.
De Weerd: If you will state your name and address for the record.
Ford: Honorable Mayor, Members of the Council, for the record my name is Ashley
Ford. I'm the principal land use planner at Rose Law Group. My office address is 6223
North Discovery Way, Suite 200, in Boise. I'm here on behalf of Affinity Bank, who is
the proud owner of the project, the third owner of this project. Sonya did a fantastic job
of outlining where we have been and where we are now. Generally, we are just trying
to get this project land titled so that we can start moving forward. The first phase -- prior
to vandalism was about 80 to 90 percent constructed. We do have potential buyers for
this first phase and who would like to continue to move forward. So, I think it's an eye
sore at this point for the City of Meridian. It certainly is a hassle for our clients and we
certainly would like to get it back into compliance. I'm happy to stand for any questions.
We are in full agreement with the staff report, both for ACHD and the City of Meridian
and, hopefully, we can move forward soon. Respectfully ask for your approval this
evening.
De Weerd: Thank you. Council, any questions for the applicant?
Bird: I have none.
Rountree: I have none.
De Weerd: Thank you, Ashley. This is a public hearing. Is there any members in our
public who would like to provide testimony on this application? Okay. Council, seeing
none --
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November 24, 2009
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Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move we close the public hearing for Item 8-C.
Bird: Second.
De Weerd: Have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion or do I have a motion?
Rountree: Madam Mayor? Question for counsel. This item is broken down into four
separate actions. Do they need to be separate or can they be -- the first three be
combined and the variance dealt with separately?
Nary: Madam Mayor, Members of the Council, Council President Rountree, yes, you
can handle the first three as one and do the fourth one separately.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I move that we approve Item 8-C, one, two, and three, RZ 08-005, PP 08-
010, and MDA 08-003.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve. Any discussion? Seeing none,
Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-C-4, VAR 09-006, with the reasoning and
logic provided by staff.
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November 24, 2009
Page 38 of 47
Bird: Second.
De Weerd: I have a motion and a second. Any discussion on this item? Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
D. Public Hearing: Market Square by TJ Brown located at
Northeast Corner of N. Eagle Road and E. Ustick Road
1. MDA 09-003: Request for Development Agreement
Modification to update the overall site development plan
2. VAC 09-001: Request for Vacation of a public domestic
water and sewer easement depicted on the Smitchger
Subdivision North Plat
De Weerd: Okay. Under Item 8-D, public hearing for Market Square. I will open this
public hearing for MDA 09-003 and VAC 09-001 with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The subject property is
located on the northeast comer of North Eagle Road and East Ustick Road. The first
application before you is a development agreement modification to include an updated
site plan. Here is an aerial view of the property. And this is the -- the site plan on the
left is the existing site development plan that is included in the existing development
agreement. When the development was approved in 2004, a site plan was included to
guide future development of the property. The site plan showed a detailed development
plan for the southern portion of the property, which included the Lowe's store and
several pads for small service commercial and retail uses. A conceptual plan was
shown for the northern portion of the site that showed small service commercial retail
uses along Eagle Road and a large commercial area to the east. Because a detailed
plan is now proposed for the area that was previously shown as conceptual, the
applicant is requesting approval to modify the development agreement to include a
revised site plan that reflects existing development on the property, as well as proposed
development. No changes to the text or provisions for development are requested.
Staff is supportive of the proposed modification. The second application before you is a
request to vacate a portion of a public sewer and water easement depicted on the
recorded plat for the Smitchger Subdivision North. The reason for the proposed
easement vacation is the applicant proposes to construct a building that would encroach
into the subject easement area. Structures are not allowed to encroach into sewer and
water easements. Approval of the proposed easement vacation would allow the
applicant to construct the building as intended that would extend into this area. Here is
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November 24, 2009
Page 39 of 47
a -this is the recorded plat on the left here that you can see with the easement shown
and, then, detail of that easement. The portion of it that's proposed to be vacated. Staff
supports vacating a portion of the easement as proposed as there are no existing
utilities in the easement proposed to be vacated. Development of the site will need to
comply with public works and fire department standards for location of services and fire
hydrants. Jessica Aguilar submitted written testimony in agreement with the staff report
as the applicant's representative. Staff will stand for any questions Council may have at
this time.
De Weerd: Thank you. Council, any questions?
Rountree: Sonya, would you put up the plat as it's being proposed?
Wafters: The site plan?
Rountree: The site plan. Yes. And my question relates to the access that's highlighted,
I believe, in the -- either one of them. And there is some letters in the one on the right-
hand -- on the left-hand side at that access point on Eagle between the concept plan
and what's developed there. What does that say?
Wafters: Madam Mayor, Council President Rountree, Councilmen, I believe that says
full access, but I --
Bird: Full access. Right access.
Wafters: Can't tell for sure. Let me look at the plan I have in the file. It does says full
access.
Rountree: In some location there -- and I was thinking it was that one, that's barriered
forright-in and right-out.
Hoaglun: And, Councilman Rountree, Madam Mayor, that's my recollection, too.
That's aright-in, right-out only.
Rountree: My concem is it doesn't work and I have been in a near accident there, I
have witnessed several near accidents, and I -- every time I go to Lowe's I see
somebody making alert-hand tum out of the tum median around that barrier into that
particular parking lot. The police chief is here and so is our deputy. I don't know if there
are accidents there any more frequent than other locations, but if we are going to have
a right-in and right-out, a condition of modifying this particular piece of property ought to
be that that be made to work. And chief or Tracy, either one, do you have a comment
about that?
Lavey: President Rountree, Council, I don't believe it would be fair forme to say that it's
an increased area for traffic violations, but Iwill -- for crashes, but I will tell you it is a --
the intersection itself is well known for crashes on a daily basis. In order to be fair to
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November 24, 2009
Page 40 of 47
them, though, I would actually have to look at those numbers. I wouldn't say it's any
greater, but it's definitely not any lower than any other busy intersection that we have in
town.
De Weerd: Are you a politician?
Lavey: In training.
Rountree: But I guess my comment -- Madam Mayor, my comment to the chief is if it is
a prohibited access to allow aright-in and right-out only, it ought to work.
Lavey: The right-in and right-out ought to work. The -- the ones that always give us
trouble is the left-hand turns coming out of there. So, I believe the right-in, right-out
would work.
Rountree: Well, I believe it's set up that way, but just simply doesn't work.
Lavey: It works if the people follow the law. Which means that it works for everybody
that's following the law, but everybody that decides to break the law, then, it doesn't
work, but you could have any set up out there and if they are going to break the law,
then, we are going to still have those problems, unless we put barricades or something
like that where you physically can't make that turn.
Rountree: Which can be done.
Lavey: Which can be done.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I think ITD's long term adopted plan for that has medians in that location, but
that long-term plan keeps getting farther and farther away. There was a time when it
would have already been completed as we sit here today. I wonder if we might request
ITD to put some temporary bollards or something until they do get around to a median.
Do we have a mechanism for doing that?
De Weerd: We could always request.
Rountree: I have a saying for that, but it's not going to work.
Lavey: I have seen their budget, too, so I don't --
De Weerd: We can always ask.
Rountree: Thank you.
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November 24, 2009
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Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would ask a question on the variance. Are we talking about a variance to --
I'm sorry. The vacation I mean. To vacate the entire easement or just the portion that
would interfere with the building?
Wafters: Madam Mayor, Councilman Zaremba, Councilmen, just a portion of that
easement. You can see the full easement here on this detail. The portion proposed to
be vacated is cross-hatched.
Zaremba: Thank you.
De Weerd: Okay. Anything further at this point, Council? Would the applicant like to
make comment? Good evening. If you will, please, state your name and address for
the record.
Aguilar: Jessica Aguilar. Engineered Structures, Inc., 12400 West Overland, Boise,
Idaho. Madam Mayor, Members of the Council, I think Sonya did a good job in
presenting the information to you this evening. We are in full agreement with the staff
report. I don't know if I have any additional information to offer, other than what Sonya
has already presented, but I'm available to answer any questions, as well as T.J. Brown,
owner of Pristine Pools, the proposed retail tenant, who will be occupying the new
space on the plan there, we are available to answer any questions that you might have.
De Weerd: Thank you. Council, any questions? Thank you. This is a public hearing.
Is there any member of the public who would like to provide testimony on this
application? Mr. Tumbull. Good evening.
Tumbull: Good evening. Madam Mayor, Members of the Council, David Tumbull,
12601 West Explorer Drive in Boise. I guess I would just address Councilman
Rountree's statements regarding the right-in, right-out at that eighth mile access point.
We did design that according to ITD standards. We did install the flares as they
required. As the officer mentioned, you know, we don't control whether people abide by
the law or not. As Councilman Zaremba mentioned, ITD did adopt along-term plan for
Eagle corridor that would include medians in that section. I would note that the
development across the street Center Point, has the same kind of a situation with
similar access points with aright-in, right-out at that location. So, I do think that it's
probably appropriate that the city follow up and find out what ITD's plans are for
instituting that plan, but that's where it sits right now. We submitted our plans to ITD,
constructed it according to their requirements and so I think we have done our work.
Thank you. I'll stand for any questions.
De Weerd: Council, any questions?
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November 24, 2009
Page 42 of 47
Bird: I have none.
Rountree: I don't disagree with you, David.
De Weerd: And, staff, I guess I would like to underscore what's been said and see if we
can draft a letter and get something to Council -- or to ITD on this particular item of
safety. Okay. Any further testimony? Okay. Staff, any further comment? Council,
seeing no further testimony, I would entertain a motion to close.
Rountree: So moved.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on this item. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-D-1, 09-003.
Zaremba: Second.
De Weerd: I have a motion and a second to approve this item 8-D-1. If there is no
discussion, Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Question for counsel. This is one of these vacations that has to go through
ACHD or can we act on this solely?
Nary: Madam Mayor, Members of the Council, Council Member Rountree, I believe that
the benefit of this easement is just us.
Meridian City Council
November 24, 2009
Page 43 of 47
Rountree: Solely the city.
Nary: I think it's just us.
Rountree: Okay. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-D-2, VAC 09-001.
Zaremba: Second.
De Weerd: I have a motion and a second to approve this item. If there is no
discussion, Council, I will ask for roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
E. Bayside Taylor Commerce Park Subdivision FP 09-007 by
Tealey's Land Surveying - 1100 W. Taylor Avenue
De Weerd: Item 8-E is Bayside Taylor Commercial Park Subdivision, FP 09-007. I will
ask for staff comment at this time.
Friedman: Thank you, Madam Mayor, Council Members. This is a final plat approval
request by Tealey Surveying for the approval of the plat of Bayside Taylor Commercial
Park. It's located off Taylor Avenue. It's the old 84 lumber site. The Council has
approved a preliminary plat for the site in June of this year and the approval was for 14
industrial building lots. Staff has reviewed the application and finds it substantially
conforms to the preliminary plat approval. We are recommending approval of the final
plat. We have received communications from the applicants and their representatives
that they are in concurrence with the proposed conditions of approval.
De Weerd: Thank you, Pete. Any comment from the applicant? Good evening.
Tealey: Pardon me?
De Weerd: Good evening.
Tealey: Yes. Finally. Could have been skating by now. My name is Pat Tealey.
Rountree: Should have been skating by now.
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November 24, 2009
Page 44 of 47
Tealey: Should have been skating by now. Pat Tealey, office address 187 East 50th in
Garden City, representing the applicant Bayside Capital. As stated we have -- we have
worked with staff, both in the Planning and Zoning Department and Public Works to get
over the typical development issues prior to this meeting and as a result we have no
concerns with the staff comments and conditions. Just to answer any questions if you
have any.
De Weerd: Thank you. Council, any questions?
Rountree: I have none.
De Weerd: Thank you for working with staff.
Tealey: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'd move that we approve item 8-E for Bayside Taylor Commercial Park.
Bird: Second.
De Weerd: I have a motion and a second to approve this item. If there is no
discussion, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries. Thank you.
MOTION CARRIED: ALL AYES.
Item 9: Ordinances.
A. Ordinance No. : AZ 08-001 Request for
Annexation and Zoning of 9.06 acres from RUT and R1 Zoning
Districts in Ada County to the C-G Zoning District for Overland
Village by Cameron S-Sixteen Retail, LLC - 3330 E. Overland
Rd.
De Weerd: Item 9 under ordinances, ordinance number 09-1434. I will ask the clerk to,
please, read this by title only.
Holman: Thank you, Madam Mayor. City of Meridian ordinance number 09-1434, an
ordinance AZ 08-001, Overland Village, for annexation of a parcel of land located in the
southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada
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November 24, 2009
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County, Idaho, as described in Attachment A and annexing certain lands and territories
situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of
the City of Meridian, as requested by the City of Meridian, establishing and determining
the land use zoning classification of said lands from RUT and R-1, Ada County, to C-G,
General Retail and Service Commercial District, in the Meridian City Code, providing
that copies of this ordinance shall be filed with the Ada County assessor, the Ada
County recorder, and the Idaho State Tax Commission, as required by law, and
providing for a summary of the ordinance and providing for a waiver of the reading rules
and providing an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? Council, hearing none, I would entertain a
motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve ordinance number 09-1434, with suspension of rules.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 9-A. If there is no
discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. call
De Weerd: All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Item 10: Other Items.
A. Executive Session as per Idaho State Code 67-2345(1)(c) - to
conduct deliberations concerning labor negotiations or to
acquire an interest in real property, which is not owned by a
public agency
(b) - (to consider the evaluation, dismissal of disciplilneing of,
or to hear complaints or charges brought against a public
officer, employee, staff member of individual agent, or public
school student.):
(f) - (to consider an advise its legal representativatives in
pending litigitation):
Meridian City Council
November 24, 2009
Page 46 of 47
De Weerd: We are at the end of our agenda, except for one item.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-
2345(1)(b),(1)(c), and (1)(f).
Rountree: Second.
De Weerd: Motion and a second. Roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (9:06 p.m. -10:35 p.m.)
Rountree: I move that we come out of Executive Session.
Zaremba: Second.
De Weerd: All those in favor say aye. All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Just a reminder you have all got your spreadsheet for priorities by the 15~'.
Zaremba: Uh-huh.
Rountree: I move to adjourn.
Hoaglun: Second.
De Weerd: All those in favor.
MOTION CARRIED: ALL AYES.
De Weerd: All ayes.
Meridian City Council
November 24, 2009
Page 47 of 47
MEETING ADJOURNED AT 10:35 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR T Y De WEERD
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DATE APPROVED
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OLMAN, CITY CLERK