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HomeMy WebLinkAbout2011-01-25Meridian City Council Meeting January 25, 2011 A meeting of the Meridian City Council was called to order at 7:12 p.m., Tuesday, January 25, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bill Parsons, Bruce Freckleton, Brent Bjornson, Jamie Leslie, Joe Silva, Steve Siddoway, Garrett White, Robert Simison and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience in waiting for us. Sorry we are starting a few minutes late. But welcome to our City Council meeting. For the record it is Tuesday, January 25th. It's 7:12. Madam Clerk, will you, please, start us with roll call attendance. Item 2: Pledge of Allegiance Troop 28, Meridian First Ward De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led by a representative from Troop 28. They are with the Meridian First Ward and their scout master is Curt Farmer. So, boys, who drew the short straw? All right. Come on forward and get us kicked off here. (Pledge of Allegiance recited.) De Weerd: I'd like to thank you -- young man. Since you had the braveness to get out in front of us, I do have a City of Meridian pin to give to you. So, thank you for leading us today. Thank you. Item 3: Community Invocation by Darrell Taylor of Ten Mile Christian Church De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Meridian City Council January 25, 2011 Page 2 of 52 Taylor; Thank you, Madam Mayor. Father in Heaven, what a blessing it is to come together, Father, ask for your wisdom and guidance during this meeting and, Father, as the new year gets a good start on it we are just so truly thankful, Lord, for living in a free country and ask that you will be with those that are protecting it tonight here on friendly soil and, then, on foreign soil, Father. Ask, Lord, that you will just continue to guide and direct us as we live for you. I thank you, Lord, for these men and women that are dedicated to make Meridian a better place and, Father, for Troop 28, for the young men and for their sponsors, Father, for the dedication that they have to better their life, Father. I just thank you for their involvement and, Father, again, what a blessing it is to be here and just to call Meridian home and we just thank you in Jesus' name, amen. De Weerd: Thank you. Now, do we have two troops here tonight? So, what is the other troop number? 174. So, welcome to Troop No. 174. Thank you for joining us. Bird: Ask them who sponsors it. De Weerd: And who is your sponsor? Do you have a sponsor? Sunnybrook Ward. Well, thank you, boys, for being here this evening. Item 4: Adoption of the Agenda De Weerd: Okay. No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. We do want to move Item 8-A in Department Reports up to in front of item 7, Action Items, so we will hear the Mayor's Youth Advisory Council before we get into Action Items, Item 7. Under Item 7, 7-C is ordinance number 11-1472 and Item 7-E is ordinance number 11-1473. Under Department Reports, Item 8-D, is ordinance number 11-1474 and 8-E is resolution number 11-770. And with that Madam Mayor, I move adoption of tonight's agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 11, 2011 City Council Workshop Meeting Meridian City Council January 25, 2011 Page 3 of 52 B. Approve Minutes of January 18, 2011 City Council Special Meeting C. Acceptance Agreement for Display of Artwork of Michael Rusnack in Initial Point Gallery, January 28 to February 25, 2011 D. Acceptance Agreement for Display of Artwork of Joni Frey in Initial Point Gallery, March 25 to April 22, 2011 E. Acceptance Agreement for Display of Artwork of Edie Schutte Martin in Initial Point Gallery, March 25 to April 22, 2011 F. Acceptance Agreement for Display of Artwork of Sylvia Cohen in Initial Point Gallery, November 4 to December 2, 2011 G. Acceptance Agreement for Display of Artwork of Shirley Williams in Initial Point Gallery, June 17 to July 15, 2011 De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes on the Consent Agenda, so I move approval of the Consent Agenda and the Mayor be authorized to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion from Council, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: Okay. We did not have any items moved from the Consent Agenda. Item 8 Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Meridian City Council January 25, 2011 Page 4 of 52 Update De Weerd: However, we are moving Item 8-A in front of our action items. So, I would invite our youth council representative Colton. Thank you for joining us. Granger: Say my name on the record? De Weerd: We'd love you to introduce yourself. Granger: Hi. I'm Colton Granger, the Rocky Mountain co-president of my junior class and the chair elect to the government affairs sub committee. I'm happy to be here tonight and share what we on MYAC have been doing. Actually, the Eagle Mayor Fehrman joined us last month to learn about how -- I mean what MYAC accomplishes and he was pretty impressed with overall what we have done so far and the commitment of the youth in general. On our government affairs sub committee we are having a legislative breakfast this Saturday at Rick's Press Room. We will be discussing the proposed texting while driving bill, Spice, and other legal issues. The members of Meridian police department will be joining us to talk about the implementation and such. For our Teen Activity Council we have this Friday night, actually, is our Ignite Youth. That's an event which is being completely put together by the youth and it's, basically, ten presenters will give five minute speeches on some idea that they have -- really any topic is all right. They are also planning a Love Stinks party in February. Our community -- De Weerd: That was Love Stinks? Granger: Yeah. Love Stinks. De Weerd: Oh. Okay. Granger: Yeah. Our community involvement sub committee is planning a dinner auction, which will benefit the senior center -- the Meridian Senior Center. That's on March 24th and is at 6:30. Tickets are 20 dollars and table sponsorships that we will offer to local businesses are for 150. De Weerd: Or to any of you. Bird: Uh? De Weerd: Or to any of you. Granger: Anyone in the room. And currently we are looking for auction items, so -- De Weerd: Good job. Granger: Thank you. Meridian City Council January 25, 2011 Page 5 of 52 De Weerd: Any questions for Colton? Bird: No. Thank you. Good report. De Weerd: I would say Ignite Youth is actually on February 4th, a week from Friday. You're making the State Of The City address too early, because that would mean it would be tomorrow and I'm not ready. Granger: All right. De Weerd: But thank you, Colton, for joining us. Item 7: Action Items A. Public Hearing: VAR 10-004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District De Weerd: Okay. We will move to Item 7-A, which is a public hearing on VAR 10-004. will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property before you this evening is located on the southeast corner of North Ten Mile Road and West Pine Avenue. The physical address is 750 North Ten Mile Road. If you recall in -- earlier in -- or later in 2010 the City Council acted on the application to rezone this property and approved a Conditional Use Permit and design review for a fuel cell facility, a convenience store with drive-thru and a vehicle washing facility. With the rezone of that property -- the actual boundary of the C-C zone moved to the center line of North Gray Cloud Way that you see before you. So, the zoning map that's before you does not adequately address the zoning of the property, but it has moved from the existing boundary to the center line of that roadway. And so with the approval of that CUP, the applicant did comply with the specific use standards for a vehicle washing facility and with that specific standard the applicant was required -- any portion of that vehicle washing facility that was to be located a hundred feet -- within a hundred from the residential district needed to be enclosed. That's how the code reads now. And so in order to comply with that the applicant went ahead, added some doors to one of the bays that encroached and also removed one of the vehicle washing -- or, excuse me, one of the vehicle vacuum facilities from the site in order to move forward with their CUP. I would mention that staff has also approved a certificate of zoning compliance and that approved site plan is on the left-hand side and, in fact, showed the removal of that vacuum station and also showed overhead doors. So, what I have showed you on the right hand of the screen is I have tried to display what the applicant's proposing tonight or acting on as far as the variance request. So, if you notice in the northeast Meridian City Council January 25, 2011 Page 6 of 52 corner there the applicant's wishing to add that vacuum station back and, then, also have highlighted that vehicle washing bay that shows automatic doors at one point and, again, the applicant's asking to remove -- asking Council to grant the variance to remove the requirement for the doors on that facility. And, then, also if you notice in the lower right-hand -- or, excuse me, lower right-hand corner you will see that I have denoted the actual zoning designation boundary. So, that line there and that site plan represents the center line of the roadway. So, west of that line we have C-C zoned property and east of that we have a current R-15 zoning that the multi-family structures are currently zoned. And, then, also what I tried to do on this slide is kind of graphically depict current location of that facility and, then, the adjacent -- the proximity of that facility to the actual habitable space of those multi-family structures. So, basically, what you have here is -- I don't know why my -- my rectangle didn't show up. I apologize. It seems to have disappeared on me. But, basically, you have a 15 foot setback to the existing facility and, then, from -the back of that facility a vehicle washing bay to the habitable space is approximately 140 feet. So, I did want to point that out to you. Also one of the standards under the UDC for vehicle washing facilities, if those facilities are located within the hundred foot distance they are subject to -- or restricted to certain hours of operation. In this case it's 6:00 a.m. to 11:00 p.m. With the subject variance request the applicant is now proposing to change those hours of operation. Mainly just add that vacuum bay and remove the doors. I did also want to point out that if the Council does grant the variance request staff is recommending that the applicant construct a masonry wall and that -- I can go forward on the slide here and that would be proposed here. I have it highlighted in red. So, to, essentially, just enclose that -- the location that they are proposing the vacuum bays. That seems to be the biggest concern with the noise generation for these facilities is that the noise of those vacuums could be -- could encroach onto adjacent neighbors -- or adjacent properties. The reason just for those boundaries is staff felt with the addition of the vehicle washing building that would help the southern residential properties from noise. So, really, the impact would be primarily to the eastern properties, so there was no requirement for a wall along that whole boundary. I would mention to Council that we did receive applicant -- testimony from the applicant. He has requested that Council approve the variance request with the exclusion of that wall. Staff has not received any written testimony from any adjacent property owners or any to that effect. There are no outstanding issues before you this evening. Staff is recommending denial of the variance just predicated on the fact that we could not meet all the findings in the UDC. Given the fact that the property is currently vacant and the approved CUP for the site, the applicant has shown that they are in compliance with the UDC requirements, staff had to recommend denial. So, with that that concludes my presentation. I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: Not at this time. De Weerd: Okay. Is the applicant here? Meridian City Council January 25, 2011 Page 7 of 52 Eddy: Steve Eddy. 770 Ustick, Meridian. De Weerd: Thank you. Eddy: Madam Mayor and Council Members, I guess I got to bring up some stuff in the past on this is when we got close to the end of -- about to submit for our conditional use and design review this issue came up really late that kind of hit me by surprise and think hit Bill by surprise at the end when we were going through our review. So, we removed those items to get the project rolling forward, anticipating coming back for a variance. I guess I will talk first about the car wash bay. That last car wash bay is just a wand bay. There is not a wand bay in this valley that's got doors on it. There is no noise, really. I mean the noise in the reports we have got back, that -- that wand bay throws out like a 20 decibel, which a typical conversation is 60 decibel. So, that's the wand bay. The vacuum -- we have got some reports and Bill has got the report, I think. I have got a decibel report on those vacuums like that we put it in and the vacuum at -- I mean from the closest residence we measured 140. That's from the car wash building. The vacuum's another almost 30 feet. So, if we take 150 feet and use that, the decibel rating is 51 and a normal conversation is 60. So, these aren't loud vacuums like you would see in a -- you know, one of the string of vacuums and those type of things. The wall -- I just think the wall is going to be a crime problem and a problem back there and that's what scares me. So, what we would propose is to put some tops on top of the vacuums, besides the plastic tops, that are more decorative with a roof on them to match the C store and with -- with this noise chart that we have in front of you it shows a 60. I would say we would drop that probably to a 35, which is -- I mean way below a normal conversation and, again, when we came through before this just -- it kind of hit us by surprise. We thought the site was okay, we thought the use was okay, how it was laid out. With the original property owner, if I would have known this was a problem we would have flipped the car wash and bought the frontage along Ten Mile. But at the time I had already closed on the real estate and we were done and down the road when this thing came up. So, I mean when I look at the variance and stuff I think it is an honest kind of hardship, because we didn't know and it was -- I mean it was our fault that we probably didn't do a little more investigating, but I don't want to say it got missed by staff, but we both kind of hit it at once that since the -- Bill's probably got a better term on this -- a vehicle washing facility tied to a C store or fuel facility, we didn't think those standards would be the same and, again, with the vacuum and with the car wash I don't think it's going to be a noise problem for the neighbors at all. Plus, you know, we are going to close at 11:00 o'clock at night and we have had no negative testimony. All we have had on this whole site the whole way has been positive testimony. So, I guess would ask that you, please, grant the variance without the wall and any questions you guys might have. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Hoaglun: Madam Mayor? Meridian City Council January 25, 2011 Page 8 of 52 De Weerd: Mr. Hoaglun. Hoaglun: Steve, this -- what we are looking at here for the decibels -- that is with the roof in place? Eddy: No. That is without the roof. Hoaglun: Okay. That's -- I wanted to be sure I understood that, so -- Eddy: So, if you look at 150 feet, which we exceed that, we are at 51 decibel and if you look down below a normal conversation I think they rate as a 60 decibel. Just -- you know, that's talking. Yeah. The 60. A quiet neighborhood is a 55. See, now we are under a quiet neighborhood plus the roof. Hoaglun: And by the looks of that you had, what, three vacuum bays total? Eddy: No. We had -- we will -- Hoaglun: Just two. Eddy: Two. We will have two. There will be one between the cars -- those further cars there where that car is parked and I guess it would be to the west. So, it would be two total. One's outside the residential district boundary, so it's fine. Hoaglun: Okay. Thank you. De Weerd: Okay. Any other questions? Okay. Thank you, Steve. Okay. This is a public .hearing. Is there anyone who would like to provide testimony on this item? Is this your family night out? You really know how to treat the family, uh? Council, any additional information needed? Bird: I don't. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I move we close the public hearing on VAR 10-004. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. Meridian City Council January 25, 2011 Page 9 of 52 MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 10-004, a variance with elimination of the six foot masonry wall with the adding of roof above the two vacuums and to include staff and applicant testimony. Hoaglun: Second. De Weerd: I have a motion and a second on Item 7-A to approve. Any discussion? Seeing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: Adoption of 2009 International Building Code, 2009 International Energy Conservation Code, 2009 International Residential Code, and Amendments Thereto D. Public Hearing: Adoption of 2009 International Fire Code and Amendments Thereto De Weerd: Okay. I will go ahead and open the public hearings on Items 7-B and 7-D. 7-B is public hearing to adopt the 2009 International Building Code, the 2009 International Energy Conversation Code, and the 2009 International Residential Code and amendments thereto. As well a public hearing on adoption of the 2009 International Fire Code. So, I will turn this over to staff at this time. Freckleton: Thank you, Madam Mayor, Members of Council. As promised back in December we are bringing the -- our proposal to you for the adoption of these codes. Appreciate you opening both items together. We have prepared a short presentation that we have collaborated on with our colleagues in the MFD. Tonight we have Brent Bjornson, building services representative, here to go through the presentation for the proposal for the building codes and, then, there will be a segue in the middle of that for Joe to speak to the fire code portion as well. We also have Daunt Whitman here, our building official -- contract building official. He is here just in case there is any questions -- excuse me -- that might come up during these items, so at this point in time I will turn it over to Brent. Meridian City Council January 25, 2011 Page 10 of 52 De Weerd: Thank you, Bruce. Bjornson: Thank you, Bruce. Madam Mayor, Members of the Council, good evening. If you recall we presented the building code adoption information to you before at a workshop discussion on December 14th, 2010, and the next seven slides will be a very brief presentation and, then, I will turn it over to Joe, as Bruce stated, and we will follow with the MFD, Meridian Fire, adoption slides after our presentation. Moving forward, on this first slide what you're looking at -- as you're aware, the state of Idaho regulates the minimum standards for code adoptions that municipalities follow and that's Idaho Code Section 39-4-116. The top adoptions are the required codes per statute. I'll let you read through those. And, then, down below is the additional adoptions proposed by development services. Those are not required by state. The International Mechanical Code and the International Fuel and Gas Code, the ones above are. We are choosing to follow the state recommendation. They are moving from the 2003 -- they skipped the 2006 adoption and moving straight to the 2009 adoption, which will be formally in place in July I'm told this summer, so we propose the same path. The Mechanical Code also works in companion with the International Fire Code, which is 2009, so it keeps us all on the same playing field. The next slide is the local amendments, which affects all five code disciplines, structural, electrical, mechanical, plumbing and electrical. What you're looking at is a permit refund policy that we feel needs to be put in place. Customers are eligible for up to 80 percent of a refund of their permit fee if no work has been commenced and the request is received while the permit is still active. We think this is going to be quite popular in the community and should help people out that don't choose to move their projects forward. We haven't had anything officially in place previously for that. The next item is a plan review refund policy. Same issues here. We haven't had definitive policy in place with this and what we are proposing is that plan review fees are not to be refunded in part or in whole once the plan review is complete. Totally separate from the building permits. The next item we'd like to add in we also think is popular is the permit transferability and, basically, a valid permit may be transferred from one permit holder to a new permit holder upon written request by the current permit holder. Permit fee payments. This is one that we are -- would like to propose adding a payment for all permit fee types required at the time the permit is issued. Essentially, with the new software, the enterprise wise solution we have coming on board that's going to handle 24/7 payment, as well as the e-commerce was implemented. Our business plans have several different options for payment and this will reduce staff time significantly and the burden for billing, bill collection, all those types of things that come to mind. The last item for the local amendments is residential detached accessory structures and the issue here is that the International Residential Code has a yo-yo effect. It's an every three year cycle they want to make it 200 square feet. The next three years they want to make it 120 and, then, they are back to 200 and 120 and this year they are back to 200. We propose keeping it at 120. We have spoke to planning that the 120 is currently in the Unified Development Code and so we want to just keep those thresholds the same. That does it for the local amendment portion. Statutory process. Notice of intent was provided to all the following groups. We have not received any negative verbal or written comments. We hard copy mailed all of those organizations before you and, then, notice of the meeting -- of this public hearing this Meridian City Council January 25, 2011 Page 11 of 52 evening was published in the Valley Times, the official newspaper of the City of Meridian on December 20, 2010. Flexibility of enforcement. The proposed code adoption increases the requirements for greater energy -- excuse me -- efficiency and residential building envelopes and residential mechanical systems. What are we doing? We are enforcing the minimum code requirements while being flexible. That first bullet there, mechanical duct design and system sizing. This is kind of a biggy. The Air-conditioning Contractors Association of America requires compliant design for every new residential start and I might add this does not affect any additions or remodels, it's just new residential starts for mechanical equipment sizing and duct sizing. It is required in the energy code and it's referenced through manuals J, D and S. There is also flexible alternatives that are provided and spoke to in the code that we are going to maintain different options for different proprietary softwares, whatever the building community would like to submit and they can also do it handwritten if they choose. The valley trend seems to be the right software, which is a proprietary software that's quite popular and that seems to be the trend in the valley. So, we expect to see quite a few with RightSoft, but we are opening it up to whatever they would like to submit from the builder's side. Duct blaster test checks the tightness of that duct system that I just spoke to, it's new in the 2009 energy codes and mandatory for all municipalities per Idaho statute and the subsequent adoption of such. There are no exceptions to this. We'd like to have some flexibility, but, unfortunately, we are going to keep it simple, though. That test we are just going to ask the building community to place a sticker on the HVAC equipment in the field, as opposed to specialized equipment, different testing procedures that other municipalities are doing. The blower door test is the next bullet point you have there or visual inspection. The code allows one or the other. Meridian Building Services performs visual inspection, thereby providing greater flexibility. Some municipalities are requiring third-party testing and documentation prior to final inspection, so we want to keep that flexible. We don't want to require a test with test equipment on site, with contractors coordinating, with inspectors trying to meet out there, that would be very difficult. So, we want to keep that simple for everybody, so we are choosing the -- the more flexible option on that. Air balancing was something that I spoke to during the workshop as well. I think Council -- Mr. Rountree asked about that a little bit and the flexibility of air balancing and the air balancing is not specifically required by the code at this time. Other municipalities are requiring testing and documentation prior to certificate of occupancy. Meridian Building Services will not require this until mandated by the code at this point in time. It's not in the code. De Weerd: Brent, was that about the building envelope and the air tight -- is that what Councilman Rountree's concern was? Bjornson: The air balancing -- what that does is in the heating-ventilation system you have got a supply duct and, then, you have got branch ducts to each of the rooms. There is dampers in those ducts and the CFM flow of air has to be at a certain standard and so the balancing and testing helps the comfort and helps balance that system and that air flow. The envelope tightness is the -- is a blower door test or the visual inspection, that second bullet from the bottom, where a test is actually performed on the Meridian City Council January 25, 2011 Page 12 of 52 envelope for the energy tightness of the glazing, the caulking, the installation. So, that's your envelope test there on the blower door -- or visual inspection. The duct blaster test is testing that HVAC system in the crawl space for duct tightness and leakage. So, the duct blaster test and the air balancing go together with the duct system under floor. The blower or visual inspection is for the building envelope shell insulation properties. We are trying to keep up with it. All staff has been great. As a side note I do appreciate Daunt's attendance tonight. We tried to get our mechanical code official Terry Medley to present, too, but he had another commitment and it was short notice, but we are trying to wrap our arms around all of this. It's in its infancy. I think everybody in the valley is on the same page and we have had those discussions with BCA to some degree, too. So, any other questions on that slide that Imight -- the other -- next slide here, the second flexibility of the -- the slide is an intriguing one that -- you might find interesting. One of the benefits of the 2009 International Building Code is that it provides flexibility in a reasonable manner for the use and reuse of commercial buildings. Commercial existing buildings. So, how is that? The International Existing Building Code is just that, it's the existing building code. We are adopting by statute the International Building Code, but this International Existing Building Code is historically not adopted by most municipalities due to broad conflicts in the IBC and that's true for many municipalities, that are very careful if they move forward to put the International Existing Building Code -- De Weerd: Brent, can you explain what that -- what you just said? Bjornson: Yeah. It's -- we are proposing adoption for the International Building Code, which governs all new commercial tenant improvements. The International Building Code is the IBC. On the residential side we have the IRC, which is the International Residential. What this code is is an International Existing Building Code that's been in place through the International Code Council for quite some time and it deals with all the gray area in between, all the existing buildings, and how we deal with those from a code application inspection, public life safety standpoint. And to confuse you a little bit further, if I go back to the IBC, what we have historically adopted and what we have -- Chapter 34 of the IBC speaks to existing structures. It's about five or six pages. And so what the IBC is doing now, which it has never done previously, it's saying that in Chapter 34 we are going to point everybody to this International Existing Building Code. De Weerd: Okay. We need to work on common language. Bjornson: I'm trying to keep it as simple --Imight go to the next bullet and see if we can help clarify a couple other things. The IBC did not previously reference the International Existing Building Code. Chapter 34 of the 2009 IBC now references the IEBC, so we have got -- we have got an International Building Code and we have got an existing building code. De Weerd: We are going to ask our Boy Scouts if they understand what he's saying. And if you do will you, please, come up and tell me. Yeah. You did pick a riveting discussion, didn't you? Meridian City Council January 25, 2011 Page 13 of 52 Bjornson: I'm going to keep this simple. I'm going to wrap this up and -- what I'm going to try to say -- one more -- in a different way is there is two significant codes for all commercial work. You have got the International Building Code here, which is our -- our book, if you will, that's mandated by the state. Then you have got the International Existing Building Code over here. The Existing Building Code deals with all existing structures in every way, shape, and form. In this IBC over here only one chapter, Chapter 34, addresses all of this Existing Building Code on this side and never before have the two really come together, they have been separate documents, and so in the code that we historically adopt, the IBC, through the language they would integrate the IEBC, which is going to make it nice for places like Old Town, the residential to conversions less restrictive, more flexibility, ADA, a lot of different things that will open the doors where we couldn't do it before to promote more flexibility in the areas of downtown, Old Town, and other areas of the city. De Weerd: Thank you. It's the visual that really helps. Yes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Bird: I don't know whether this helps or not. The word building can be either a noun or a verb and I think it's used differently in these two titles. Correct me if I'm wrong here. The International Building Code is an international construction code and the other one would be an existing structure code. Is that -- Bjornson: Yes, sir. Zaremba: Is that a fair differentiation between the two different codes using the same word? Bjornson: Yes, sir. And they are both publications by the International Code Council and they are both for commercial work and -- yes. De Weerd: And I guess just clarification -- Zaremba: If that helps. De Weerd: Oh, yeah. No. The visual did it for me. Zaremba: Okay. De Weerd: Brent, we did get an a-mail from a resident who had questions about the international -- why -- why were we at the local level trying to adopt an international code and I -- what my response was is we adopt the code that the state adopts and that's -- that international code is set at the national level. Is that correct? Meridian City Council January 25, 2011 Page 14 of 52 Bjornson: That's correct. The code used to be the Uniform Building Code, you know, back -- prior to the year 2000 and in 2000 several organizations merged and it became the ICC, the International Code Council, which now puts out these publications and the word international is a big fancy word on the front of the book that I think globally people are trying to have one -- whether it's Abu Dhabi in the middle east or, you know, in New York, where ever you might be, they are trying to have some consistency in the code application for the good of all people and public safety. As it relates to Meridian you're exactly correct, it's a big word on the front of the book and it's mandated by state statute and it's -- it's just, basically, the building code guide to construction design and inspection. De Weerd: Well, having seen a building go up in Mexico and in China, I don't think we are adopting the same codes they do. Hoaglun: Madam Mayor and Brent -- and I want to be sure. It looks like we are able to make amendments to this to fit our community to some degree. I mean it's not -- De Weerd: It's more restrictive. Hoaglun: -- swallowed whole. If we see a change that wants to make it -- tweak it a little stronger we can do so. Bjornson: Absolutely. Yes, sir. In fact, I was at a code seminar today as an update in this International Existing Building Code, it's going to be the staple moving forward that is going to be into the future the code that regulates all existing structures. A tenant moves in -- you know, tenant moves out, new tenant moves in, old residential to new commercial, all those conversions where they want to keep some of the streetscape, not do a hundred percent compliance, it's going to allow a lot of flexibility for our discretion, yes, moving forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And that's -- that's one of my biggest concerns is all the flexibility in here. If we had the same guy calling it every time it would be different, but you're going to have different people reviewing and calling the flexibility. There is certain areas that I -- while don't like the International Building Code for the simple fact is Meridian don't need the same codes that Chicago or New York or anybody else has, in my opinion. It is something we have to adopt. I have problems with flexibility, because I have seen inspectors that will have allowed stuff go by, especially -- and you're talking about air balancing. If you -- you know, if you ever figure out a way to balance a residential house, let me know, because the balancing of air means it's how you put your furniture in, how you do this and how you do that and a commercial building is a lot easier to Meridian City Council January 25, 2011 Page 15 of 52 balance than a residential and I don't even know why they worry about stuff like that, but they are doing it. Bjornson: Yes, sir. I agree. You know, it's interesting in my mind that they can apply a new balancing type system and require dampers in the ducts, but not require testing, and I think there is a lot of growth -- I think we are going to see more as the codes evolved and it's -- there is -- it's a large debate. I agree it's going to be interesting as we move forward. Fortunately we have the code body in Idaho that helps us keep a lot of those at bay that we can and make it right for Idaho and local municipalities, so -- De Weerd: I guess my question for any of the three of you is how do we -- do we do training for inspectors to at least provide consistency from inspector to inspector? I kind of took something from what Councilman Bird said and interpretation in that flexibility and as long as we are consistent among each of those in our department that go out and inspect, I think that's what we are most interested in. Bjornson: Madam Mayor, if I might respond to that. It's interesting in my code update seminar today the comment was made to one of the municipality inspectors, they said that you don't have one code, you probably have five codes and he said why is that? Well, because we have five inspectors. And that's the kind of thing that we don't want to do. Everybody has got a different opinion on how they inspect or there are things that are important to them. I meet with our team regularly. These guys are -- they are great. We have open communication, they strive for consistency and equality. Sometimes it doesn't always work like that in practical application, but that is our goal and, you know, an electrical contractor that drives one ground rod, for example, in Meridian that has to drive two, you know, a mile away, you know, those kind of code differences, I question those, too, and with the consistency of inspection we really strive to do that and through my field surveys that I do twice annually, we asked the building community, you know, how we are doing, what can we do to make things better and we try to benchmark and keep our finger on the pulse on that quite regularly. De Weerd: I appreciate that. Bird: And, Madam Mayor, talking to -- I think Daunt and his crew and you guys have done a very good job of getting that changed, but it can go back -- revert back to like it was six, seven, eight years ago where one inspector would go in and check everything. Next guy would go stick his head in and sign the thing and be gone. They was all getting the same amount of money. Bjornson: Mr. Bird, yes, sir, six or seven years ago the volume in Meridian was -- as you know. I don't need to tell you. Anyhow, I can tell you that Mr. Whitman here, his presence tonight and the guys that we are working with, the collaboration that they have demonstrated to our team, our staff, it's -- I'm thankful for what they are doing and I think we are just moving forward and the field surveys show that as well, so appreciate the comments. Meridian City Council January 25, 2011 Page 16 of 52 De Weerd: Well, we appreciate those efforts and as I have talked to on occasion to our group of inspectors, you have quite a weighty responsibility. Your inspections determine the health and welfare of our buildings in our city. So, we appreciate the work you do and -- because it's extremely critical to the long-term welfare of our city, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Since we are having discussion, let me go back to one of the first things that you brought up and that was the refund of permits and I guess my question is -- the statement said something like there has been no activity on the project, where does that relate to what we also get as time extensions for the signature on the plat? If -- has the plat already been signed before it gets to the point where they get a permit, so -- what I'm worried about is somebody comes in for a refund and we have given them a time extension or something. So, that -- that's irrelevant; right? The plat has to have been signed, whether it got an extension or not, before you're even talking about the permits that you were talking about. Bjornson: Yes, sir. Zaremba: That's fine. Thank you. Bjornson: We did have an applicant recently that we work with Mr. Nary on that after four years requested a full refund that was in excess of 10,000 dollars and it was -- it raised a few eyebrows and a few questions as you might imagine and we wanted to go back and look at some of our things that are in place and processes and what the code language speaks to with refund policy and permit transferability and permit expiration. A building official has the option to extend permits for 180 days at his discretion and those are the exception and, yes, plats are signed. Zaremba: Okay. Thanks. Actually, that brings up another question, if I may. Same thing on another time extension. If somebody got their project approved when we had the 2003 International Building Code as our standard and they got a couple time extensions and now we have the 2009 code, do they have -- do they have to apply -- do they have to meet the code that existed when they got approved or when they break ground? Bjornson: When it was date stamped in, if they were date stamped under the 2003 building code, the 2006, for example, and Daunt has extended them a couple of extensions, then, they would still be under the 2006 or 2003 as it may be. It's -- it wouldn't be until that permit expires and it's, you know, off the books that they would have to re-apply, a new application and be under the codes that are in effect at that time. So, all that to say is that as long as it's an active permit they would be under the code that they submitted under. Meridian City Council January 25, 2011 Page 17 of 52 Zaremba: All right. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brent, that don't seem right to me. The code that -- when they break ground -- when they come get the building permit, which -- to start a project, if they start it, then, if it was under 2006, that's what they build it under. But if get -- come and get it in 2012 when 2009 is in place, they have to do that don't they? We have always -- in our -- we always had to -- like ADA or anything like that, what the existing code when it was built -- when it was put up is what it had to be under. I could be wrong, Brent, but I thought that that -- Bjornson: Yeah. The permit -- the permit's only good for 180 days, Mr. Bird, and as long as there is activity you can continue to move forward. A building official is authorized to grant one time extension at his discretion as necessity dictates. So, in that case if it was that far out, it would be an expired permit. The other thing that we would consider is that if a permit sat and he was to give an extension or let's assume he even gave two, it would really be unfair to the design professionals with the thousands of dollars they spent designing it to the '03 -- there is a lot of things that would come into that and the redesign. So, as long as construction has commenced and the permit hasn't expired, it would be under the code that they have submitted under. Bird: Okay. Let me ask you another thing, Brent. Excuse me, Madam Mayor. If I may. Do you see -- any three of you see a much added cost to this structure under this new code, the ACHV -- anything like that going to put five, ten, 20 percent to the cost of a building -- a residential or -- Bjornson: Mr. Bird, the HVAC, you know, that's a good question and the residential sector, quite honestly, what that also should accomplish is that through that -- initially there is going to be a learning curve for the people that are designing that duct size system, but in theory what it should do is -- more comfortable homes, more efficient energy systems, although the duct price may go up as the ducts get a little bit bigger, the sheetmetal is relatively inexpensive, but the system should be able to go down in size and should be cheaper, feasibly. That's the talk and the buzz that we have been hearing. So, the actual HVAC furnace portion of, should actually get more economical and allow designers to be more cost effective and where it lands at the end of the day is hard to tell. The 2009 codes as a whole -- every code adoption, every cycle presents different pros and cons related to cost and it's really hard for us to probably bench mark that without doing any statistical data for you. Bird: But you know, the thing that scares me with dampers and that stuff within the system if you don't have it tested is those dampers by being put in by uncaring people can be turned in backwards and just completely ruins the system and the poor people Meridian City Council January 25, 2011 Page 18 of 52 don't realize it. I kind of go along with you guys. If you're going to require that, you ought to also require them to have a test and that should come to us before we give the occupancy, in my opinion. Bjornson: Thank you, sir. The last slide that I have got here, basically, requests a retroactive date to January 1, 2011, which would be consistent with the Idaho statute for municipalities to adopt an effective date of January 1st. At this time I guess I would respectfully ask for -- stand for anymore questions that you may have and to approve the adoption as proposed and, then, we will move on to Joe Silva's slides. And, again, I'd like to thank Daunt for being here this evening. Is there any other questions that I can answer? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brent, how many -- how many permit reviews have you done since January 1st? And did you do it under the 209 code? Bjornson: Yes, Mr. Bird, I would say on the tenant improvement side, which has been our main staple at this point in time, new commercial builds are -- all but Scentsy -- or just Scentsy. I'm going to guess about 20 tenant improvements to date and we have been flexible, allowing them to come in under either -- during this transition period. As of this meeting moving forward we will be 2009, but we have allowed that flexibility to the applicants. Bird: But are we -- are we making ourself liable if we retroactive it to January 1st -- if we allow them to build it under 2006 if they got the permit after January 1st -- Bjornson: Yes, sir. That's a good question. I guess it depends on how -- how we want to view this grace period. I don't know if you have any thoughts on that, Bruce. I -- De Weerd: Maybe we will ask Mr. Nary. Bird: He is ignoring us. De Weerd: Mr. Nary. Nary: I was thinking. Madam Mayor, Members of the Council -- De Weerd: It's nice that you do that now and then. Nary: It certainly wasn't something Iguess Iwas -- thought we were doing that. I would be concerned about anything that was granted in this interim between January 1 there is going to be this very unusual gap and we already made a decision to, basically, allow Meridian City Council January 25, 2011 Page 19 of 52 it to go past the January 1 because of the noticing requirements. I guess I'm not sure why there is a real necessity to relate it back to a date in the past. Bjornson: The only reason that we are asking for that was to be consistent with what the statute said. If we have flexibility with that -- and we may, then, we could start, you know, from this day forward. Nary: It was my understanding we did, that we did have that flexibility, so that we can adopt it, because I think it's troubling or problematic to try to relate it back to a date in the past. So, I think we have -- basically it's not going to be effective until it's published, so technically it really won't be effective until next Monday. Bjornson: Sounds great. And I think Emily had the same comments for us at some point. I think we did talk about the 25th moving forward and, then, internally somehow we looked at going back retro to January 1. But, in any case, whatever your guidance and recommendations are is what we do. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brent, the only problem I have is -- is I don't like to go retroactive on something that we are just passing -- like tonight on the 25th we are passing it and then, we want to set it back. It's not fair to those people that have got their permits up to that. I would have no problem with making it -- making it effective January 26th, tomorrow. I just have a real problem going back. I just have some real concerns. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would have to say I agree with Councilman Bird. I -- monitoring and making it effective on the people in the 25 days, if there had been only one of them maybe I wouldn't worry about it so much, but if there has been several of them, I'm much more comfortable making it effective at midnight tonight if you want to. Bjornson: Yes, sir. And for the record I mean there is nothing -- we wouldn't go back and ask them for anything differently, but just for smart business, then, I guess it's appropriate to start from today or tomorrow moving forward. Bird: The thing that I look at, Brent, though, even if you don't go back and they are under 2006 and something happens a year down the line and it was -- permit was sent out after January 1st and we set 2009 in there, we are liable because we didn't make them build it to 2009, because we are saying that as of January 1st, 2011, we are going to enforce 2009 building code. That's why I don't like to go retroactive. Meridian City Council January 25, 2011 Page 20 of 52 Bjornson: Yeah. Freckleton: Madam Mayor, Members of the Council, I think that's sage advice. I think that's the way to go. And I think for the -- the time frame that we need to wait, Bill -- you said Monday? Nary: Madam Mayor, Members of the Council, the ordinance that's in front of you has a effective date of passage and publication, which is what the Idaho Code requires. The publication date for the city is Monday. Freckleton: Yeah. And I think we would be fine with that. Bird: January 31st? Freckleton: Yes. Bjornson: Mr. Bird, yes, thank you for your guidance. I appreciate the recommendations and, yes, thank you. Bird: Thank you. I just don't want to stick my neck out. Bjornson: With that, if there is no other questions, we can move forward to the Meridian Fire Department slides and Joe Silva's International Fire Code slides, if everybody is okay to move on. De Weerd: Let's do it. Silva: Just a concluding remark of Councilman Bird's concerns about that. I have had some design professionals come forward with plans that have been drawn consistent with the 2009 code, so if you consider how you want to handle that, because there was going to be a point where they didn't -- you know, they didn't know what code we would be on. So, I just wanted to bring that up as a -- as a point for consideration for Council -- Mayor and Council. Okay. With that we will move forward with our presentation on the International Fire Code, which is a follow up to our -- just our brief overview that we did on the 20 -- excuse me -- on the 14th of December when we briefed Council on it. Essentially there are some basic things that we are providing for in our local amendments. Providing for the safety of our emergency responders. One of the comments that Councilman Bird made about the International Fire Code and building -- building code, they work as a family. They compliment one another when they are adopted as a family. The other thing is we have design teams bringing national -- doing design for national companies coming to our city with a few local amendments in the case of the fire truck that we have, it's very easy to convey to our design teams working from the east what our local requirements are for buildings in the City of Meridian. And it's also identified as an industry best practice in terms of minimizing our liability as a city going forward and also providing for the safety of our citizens when they go into public buildings and also protecting our businesses within our community. That's very Meridian City Council January 25, 2011 Page 21 of 52 important. A key to us. So, with that -- our proposed local amendments to the International -- 2009 International Fire Code, as we talked about before was up sizing the minimum sizes for elevated cars in multi-level buildings going up or down. The -- the code was printed with a requirement that required larger elevators the same size in buildings four or more stories in height. The difficulty with that -- we can't provide effective patient care, particularly where we have nonbreathing patients when we are doing CPR and we are moving a patient from floor to floor. So, that's why we requested this local amendment to upsize the elevator car. It's a standard car, it's not a custom made car, it's just simply a larger car that will accommodate the emergency response personnel -- that's Ada County Paramedics and our firefighters providing patient care. So, with that we can provide effective -- you can see here that, you know, in a smaller elevator -- this is one in our assisted living center at the corner of Overland and Locust Grove and this is what brought the issue to light, this particular building. It's ironic that this same size elevator is the same size as the elevator in the Associated General Contractors' building, which I was able to walk Mark Dunham out into his lobby and kind of give him a -- you know, kind of a real first-hand experience of what -- how small that elevator is when you're going to lay out a gurney in a full horizontal position and he understood and I have got a couple comments from him. The other thing that we have requested -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: May I ask a question on the elevators. Does that apply to commercial buildings or does that include residential? Silva: Yes, it would be in all buildings that are equipped with an elevator. Zaremba: Well, I'm thinking of home elevators that are about the size of a closet. Silva: Correct. It was not the intent to go to, you know, those small elevators. Zaremba: Single family dwellings. Silva: Only elevators in commercial buildings. Zaremba: Commercial buildings. Okay. Silva: Correct. That was the intent. And it's in the IBC. Bird: Apartment buildings? Silva: Madam Mayor, Councilman Bird, yes, it would be in apartment buildings. Anything that's equipped -- Meridian City Council January 25, 2011 Page 22 of 52 Bird: And only one, though. If you have three elevators only one of them has to be of this size. Silva: Madam Mayor, Councilman Bird, that's correct. Bird: Okay. Zaremba: Thank you. Silva: The other issue that we had requested in our local amendments was the radio coverage enhancement. Basically, this is an amplification system that's an appendix or in the back of the fire code that allows for amplification of the radio signals, it strengthens the signals going in bound and out bound from the building. As we transitioned from analog radio systems to digital systems, which is the same radios that the police department uses, they have the same difficulty in communicating in and out. So, this provides for public officer safety. It also provides for better communication for our Ada County paramedics. So, everybody who is on the digital system, which is Ada County Paramedics, Meridian Fire Department, and Meridian Police Department, would have better enhanced communications in and out of a building. We feel this is very important. Caldwell adopted this. Boise fire department will -- will also include this in their adoption locally. With that being said, we -- Brent and I made a presentation to the Buildings Contractors Association. For the scope of the projects that they do they had no comment on it, essentially. So, we were well received there in that venue. We made a presentation just after the first of the year to the Associated General Contractors with Mark Dunham, the executive director of the Associated General Contractors, and they solicited feedback from their membership and they had a couple of questions, but no negative comments. So, with that being said I will just kind of briefly provide an overview. One of the questions they raised was the powers of a police officer in performing our duties under the code. Their concern was that we would use this for enforcement of the fire code in buildings and what I explained in my response to him was we only use this as a tool when we are investigating suspicious fires in buildings. We have to have a tool before our police department sometimes is not yet on the scene. There are things -- we have tools we have to have available to us to make sure we can properly conduct an investigation in a suspicious fire. The other thing there was some language in there -- and that's been in our fire code for some time, actually. Chief Anderson had included that a couple adoptions ago. There was a question about the -- who ultimately approves and conducts our plan review and inspection services and I indicated to -- in our responses that language we had cleaned up and tweaked it really didn't change the process. We have a contract employer that works under the umbrella of Meridian Development Services who does plans review and has the full authority of the fire department in providing feedback on plans review and approval of field inspections. And that, actually, had been in place since -- for the lasts six years. So, it was just a point of clarification. There was a question of making sure that our fire department connection for fire sprinklers is -- there was a question about the hundred foot rule and I explained to him that oftentimes when we have an incident in a building and we have laid hundreds of feet of fire hose across a parking lot, the employees, once Meridian City Council January 25, 2011 Page 23 of 52 they realize that their work day is going to be over, they are going to want to leave and oftentimes our experience has been they will back over a five inch fire hose that's maybe blocking or acting as a wheel chock behind their wheel, they will drive right over it. The problem is there is bolts that stick out underneath the car, they will rip a fire house and compromise the safety of the firefighters, because they have compromised our water supply from the fire hydrant. That's why we have that requirement in place and I explained that in my response. That's also been in our adoption -- our local adoption, local amendments for the last three years, so -- with no feedback. The one thing that I quite frankly thought we may get some concerns raised was about the elevator. They found that -- that is acceptable to them, but they also expressed in that e-mail that there would be an added cost to the owner, but it was acceptable to them. So, with that, Madam Mayor, I'll stand for any questions and we -- the Meridian Fire Department appreciates your support. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joe, do you have any idea how much that extra size car -- I know it's not a -- know it's not -- it's a standard car. Do you know how much more it costs over the standard car? Silva: Madam Mayor, Councilman Bird, it's approximately 2,000 dollars was the feedback I got from one of the elevator suppliers. Bird: Geez. They shouldn't complain -- nobody -- no owner should complain about that. Silva: Yeah. Madam Mayor, Councilman Bird, the other aspect of that is when we move patients from floor to floor when we, basically, as emergency responders have to manually carry them floor to floor, there is a workmen's comp -- worker's comp concern that we have and we have had firefighters injured moving large patients upstairs in this case and it can be a very large expense to our city and that's the other reason why we wanted to make sure we had at least one elevator equipped to handle a gurney. That -- you know, that won't get us around the problem of the single family dwelling, moving patients up and down a single family dwelling, but certainly in commercial buildings that will help us. Bird: Yeah. De Weerd: Any other questions? Any other questions? Okay. Thank you. Okay. Council -- oh, this is a public hearing, Ralph. Would you care to comment on -- Daunt, any comments? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 25, 2011 Page 24 of 52 Bird: Did you open B, C, D and E at the same time? De Weerd: I opened -- Bird: Or I mean B and D. De Weerd: Band D. Yes. Bird: Okay. Hearing no more, I would move that we are close public hearings B and D. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 7-B and D. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve ordinance number -- De Weerd: If you will hold on, I -- Bird: Yeah. I'm trying to be in a hurry. C. Ordinance No. 11-1472: Adoption of 2009 International Building Code and Amendments Thereto; Adoption of 2009 International Energy Conservation Code and Amendments Thereto; Adoption of 2009 International Residential Code and Amendments Thereto; Adoption of 2009 International Mechanical Code and Amendments Thereto; and Amending City Code Provisions Regarding Solid Fuel Heating Appliances, Penalties, Plumbing Permit Fees, Electrical Permit Fees, and Mechanical Permit Fees E. Ordinance No. 11-1473: Adoption of 2009 International Fire Code and Amendments Thereto De Weerd: -- will ask our clerk -- and I appreciate that. Madam Clerk, if you will, please, read ordinance 11-1472 and 11-1473 by title only. Holman: You can't take away my moment to shine. Okay. City of Meridian Ordinance No. 11-1472, an ordinance amending Meridian City Code Section 10-1-1 regarding Meridian City Council January 25, 2011 Page 25 of 52 adoption of the 2009 International Building Code, 2009 International Energy Conversation Code, and the 2009 International residential Code. Amending Meridian City Code Section 10-1-3 regarding amendments to adopted codes and. Amending Meridian City Code Section 10-1-5E and 10-1-5F regarding solid fuel heating appliances. Amending Meridian City Code Section 10-1-8A regarding penalties. Amending Meridian City Code 10-2-3D regarding plumbing permit fees. Amending Meridian City Code Section 10-3-4A and 10-3-41 regarding electrical permit fees. Amending Meridian City Code Section 10-5-1 regarding adoption of the 2009 International Mechanical Code and International Fuel Gas Codes. Amending Meridian City Code Section 10-5-3 regarding mechanical permit fees and providing an effective date. Bird: Madam Mayor, are you going to have your spiel? De Weerd: No, she needs -- Bird: Were you done? De Weerd: -- to read just one more, right? Holman: Yes. Bird: Geez, I'm really getting ahead of myself. De Weerd: I appreciate your being anxious to get this over with. Nary: If she really wants to shine she could read the whole ordinance, then -- De Weerd: No, thank you. Bird: Bill. Holman: City of Meridian Ordinance No. 11-1473, an ordinance amending Title 10, Chapter 4, of the Meridian City Code regarding adoption of the 2009 International Fire Code. Amendments to the 2009 International Fire Code. Providing a severability clause and providing an effective date. De Weerd: Thank you, Madam Clerk. Mr. Bird. Bird: Does anybody want to read -- De Weerd: Oh, I will ask. Ralph, do you want to hear any of these read in their entirety? Thank you so much. Bird: Madam Mayor? Meridian City Council January 25, 2011 Page 26 of 52 De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 11-1472 with an effective date of January 31st, 2011, and with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-C. Is there any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1473, with the effective date of January 31st, 2012 -- or'11. I'm sorry. And with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-E. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Yes. Bird: Thank you, guys, for the thorough work, the three of you. Joe. Thank you guys very much. Freckleton: Thank you for all your support. De Weerd: We do appreciate your process of including all the various groups and reaching out to receive comment and provide information. Meridian City Council January 25, 2011 Page 27 of 52 Bjornson: Again, thanks to Daunt for being here and thanks to you all for your leadership and guidance and your support. Thank you. Item 8 Department Reports B. Mayor's Office: City Scholarship Program Update De Weerd: Thank you. Okay. Our next item -- we did move Item 8-A above the Action Items. So, we will move to Item 8-B and turn this over to Robert. Simison: Thank you, Madam Mayor, Members of the Council. I will be brief this evening, but I'm here to let you know that we have raised funds for another year of city sponsored scholarships through the State Of The City sponsorships. Just a reminder these are funds that are raised from our community for this purpose, not general tax dollars. And I wanted to bring back just a quick question to get some feedback from Council on. Over the last couple years -- and I think specifically last year, we have had some questions raised about whether or not these scholarships should be available for individuals beyond just residents of the City of Meridian. I know that we have had some very active engaged youth in our community who haven't lived here, but may have lived within the area of impact or attended a neighboring school from -- you know, maybe perhaps Centennial and lived in Boise, but were still very active in our community. So, based upon the feedback that we got from others, I wanted to bring to you the question and see whether or not you feel it would be appropriate to expand the current city scholarships that are offered to residents that are in the area of impact and/or may have been a member of MYAC for more than one year prior to the application deadline and that last part was a recommendation from Council President Zaremba when we brought this to his attention for discussion as well. So, just wanted to bring that to you and answer any other questions, but get your feedback on it if you think it would be appropriate to do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Want me to give you my feedback? I feel that -- seeing how it is not general fund dollars, tax dollars, that I don't have any problem regardless of where they live or how long they have been in Mayor's youth deal if they go to a Meridian school. I have no problem with Eagle kids, Rocky Mountain Kids, Centennial kids, Mountain View kids. I don't. I mean, after all, it's Meridian School District and we are Meridian. And I realize Eagle has their own thing, but -- but if a student's deserving of it -- and I think we have had Eagle kids that have been in our youth group. De Weerd: We -- and what really raised this point is two years ago our MYAC president was from Centennial High, she was on our youth council for three years, gave a lot of time and did a lot of great things for our community and she lived in Boise. Last year Amanda Wilder did a lot for this community in numerous ways. She didn't live in the Meridian City Council January 25, 2011 Page 28 of 52 city, she lived in our area of impact, and she didn't qualify. So, we are just trying to clean it up, so those kids that do have a positive impact and do make a difference in our community have equal consideration for the scholarship. Bird: And, Madam Mayor, Ithink --Ithink that's the whole thing and I don't care whether they go to a public school or a charter school. De Weerd: Or private. Bird: Or private. Whatever they go to. De Weerd: Or home schooled. I mean -- Bird: Just as long as they have been a volunteer within our community and, you know, if they live in Nampa, Idaho, I don't care. If they have volunteered in our community. If they are worthy -- De Weerd: Oh, I don't know. That's really pushing it. Bird: If they -- that's a pretty good town. Anyway, if they have been a volunteer and really worked hard in this community, I don't really care where they live. They are deserving of it. If they are deserving of it why do we restrict it. Amanda is what really brought me to my knees last year, because no person ever deserved a scholarship more than that young lady, in my opinion, and couldn't have one. Hoaglun: Madam Mayor, just to comment on that. De Weerd: Mr. Hoaglun. Hoaglun: Ithink Councilman Bird makes a good point. This isn't tax dollars that are going out and, number two, that the city is the beneficiary of their work and I think that's a good thing and we will take that, in turn, and support them and where ever they may go off to and, hopefully, become involved in government and continue supporting their community where ever they may end up. So, I think that's a good thing. De Weerd: Thank you. Simison: Okay. Then from what I'm hearing, since this isn't an either/or, area of impact would be one consideration that you guys would be open to, because it does take into account there are other volunteer community service or involved in the Mayor's Youth Advisory Council from anywhere and the area of impact doesn't necessarily have to matter in that situation. De Weerd: Yes. Because they would have a Meridian address as well. Meridian City Council January 25, 2011 Page 29 of 52 Bird: But, Robert -- Madam Mayor. Robert, the only -- the only exception I have to that rule is it will be just like I told the chamber of commerce when they -- on the man and woman of the year, are you going to make it Meridian youth group or Meridian impact area scholarship or are you going to make it youth scholarship? I -- while I think the youth group is great, there is other kids that do not belong, but do a lot for the community. Simison: Councilman Bird, what I was advocating for is one requirement would be all the current requirements and you're in the area of impact. As a separate requirement that's not contingent upon the area of impact would be that you have been involved in the Mayor's Youth Advisory Council in that capacity. That is one way where we can try to -- one thing that we are trying to avoid is to have someone who is a senior who comes out, who does some volunteer work in our community for two months and, then, applies for the scholarship that year and it's difficult for us to -- as staff to -- to be able to turn away -- or say these people don't meet the criteria unless we do have at least something established and so that becomes some of the difficulty if we take it beyond the Youth Advisory Council. That's one area for staff where we are easy to see, yes or no, they were involved and meet the criteria. Beyond that it becomes more difficult for us to determine if they were or were not involved in the activities that they -- Bird: But if they are -- but if they are a flash in the pan like we -- like we have had, you know, that -- when you -- the application shows that. I mean, you know, the applications tell you what kids -- and it don't matter where they live or -- but it tells you what they have done for this community and if somebody's done it for two months and somebody else has done it for five years, man, if you're on that committee there shouldn't be any question of who gets the scholarship. That's my opinion, Robert. Hoaglun: Madam Mayor? Just a comment, Robert. I think you have got the criteria right, because you can say, okay, they are deserving based on these items and it does kind of keep that from happening and I think that's a good way to sort that out the way you have described it. So, I like that policy. De Weerd: Comment? You want to turn on your microphone. Thank you. Zaremba: If I'm understanding the discussion, I -- I would like to make sure even though it's not tax dollars that are involved that the award goes to somebody who has some relationship to Meridian. I mean there may be some very deserving students in Twin Falls that if we leave the criteria too open could come apply and I don't mean it to go to them. That's kind of why I like the idea of saying, okay, you either live in a certain geographic area or if you're outside of that you have been in the Mayor's Youth Advisory Council for a year or more. I am worried about opening it too much farther. think I agree that for administering even the applications that's a quick way to see whether somebody's -- we are not questioning the kind of person, but are they who we wanted to reward. I don't know if that made sense, but I guess since I'm the one that made the suggestion I'm supporting my own suggestion. Meridian City Council January 25, 2011 Page 30 of 52 Bird: Madam Mayor, I can support that a hundred percent. I just -- I just don't want another thing like -- like Amanda and the other little gal that -- De Weerd: Amanda. Zaremba: Well -- and that was the thought. That would have enabled -- Bird: I would want somebody like that -- Zaremba: Yeah. It would have qualified Amanda. De Weerd: And it would have qualified Nicole. Bird: Yeah. I have no problem with that, Robert. De Weerd: Okay. Simison: Thank you, Madam Mayor. Appreciate it. Probably these will go up for -- out to -- technically in early February before we make these available for the public, so you can let people that you think are deserving know that the application should be up soon. Thank you. C. Legal Department: Discussion Regarding Proposed Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location De Weerd: Okay. Thank you. Okay. The next two items are for our legal department. The first one, Item 8-C relates to the next item. Nary: Thank you, Madam Mayor, Members of the Council. There is actually two things contained in this ordinance -- that amendment that's in front of you. One is simply a correction of an address. In the current ordinance for the Planning and Zoning Commission it lists that the meetings will be held at 33 East Idaho and since we haven't been holding them there for about 26 months we thought we probably better fix that. The second item in there is expanding the Traffic Safety Commission to ten. We have a citizen member that would like to be a part of the commission and currently with the most recent additions we don't have any available openings. One of the things we have discussed internally is the potential may come that we have some permanent seats that are part of traffic safety with ACHD and the school district and we need to have some discussions with some of those -- those agencies and whether or not their continued participation is something both they desire, as well as something that makes sense for what their needs are. But tonight it really is just to bring the change in front of you to update the code to reflect the change in location for Planning and Zoning and to add one seat to traffic safety at this time. The only reason I'm bringing it up to you on traffic safety is we may be coming back at some point in the future saying we need to Meridian City Council January 25, 2011 Page 31 of 52 reconfigure this, because some of the agencies or some of the permanent seats maybe aren't as necessary. I mean the ideal is to have more citizens participate when possible. There are some needs to have some staff members be a part of the commission, but we may be bringing something back, so I didn't want to come back in two months and you think how come we just talked about it two months ago. But tonight it's just to make a correction and to add a member, so -- De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. That does lead us to Item 8-D, which is the proposed ordinance 11- 1474. Nary: And, Madam Mayor, that's the -- that's the item -- if you're satisfied -- De Weerd: And that will come back. Nary: -- because this is really just a clean up, to go ahead and move that forward tonight, you can do that. If you would feel more comfortable waiting we could certainly do that as well. But we have a resolution as Item E to appoint a member to traffic safety, which we can't do until we amend the ordinance, so -- De Weerd: Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we move adoption of ordinance number 11-1474 -- oh, that's right, we got to read. De Weerd: Oh, yes. Sorry about that. We do. Bird: We are taking her thunder. Holman: That's all I have got. De Weerd: We want you to shine tonight. D. Legal Department: Ordinance No. 11-1474: Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location Meridian City Council January 25, 2011 Page 32 of 52 Holman: Thank you. City of Meridian Ordinance No. 11-1474, an ordinance amending Meridian City Code Section 2-3-3 regarding membership on the Traffic Safety Commission. Amending Meridian City Code Section 2-3-5 regarding meetings of the Traffic Safety Commission. Amending Meridian City Code Section 2-4-3 regarding meetings of the Planning and Zoning Commission. And providing an effective date. De Weerd: Thank you for the reading of that title. Is there anyone who would like to hear it read in its entirety? Okay. Mr. Hoaglun. Hoaglun: Madam Mayor, now that we heard our City Clerk read that so well, I will now move that we pass ordinance number 11-1494 and ask Mr. Nary -- there is no suspension of rules -- or suspension on that is there? Or is there? And include suspension of the reading rules. Zaremba: Second. De Weerd: I have a motion and a second to approve this item. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. E. Mayor's Office: Resolution No. 11-770: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing M. Blaine Tewell, Jr. to the Vacant Seat of the Meridian Traffic Safety Commission; and Providing an Effective Date De Weerd: Our next item is our Parks Department. I will turn this over to Mr. Siddoway. Bird: We got a resolution, Madam Mayor. De Weerd: Oh, I'm sorry. Now I'm the one rushing it. Okay. Item E under the Mayor's office is proposed resolution 11-770. Council, in front of you is an appointment to the Traffic Safety Commission of Blaine Tewell -- Tewell? How do you say that? Nary: I think it's Tewell. Bird: Tewell. De Weerd: Tewell. Nary: I think. I met Mr. Tewell at the last traffic meeting he came to and Ithink -- I think he said it was Tewell. Meridian City Council January 25, 2011 Page 33 of 52 De Weerd: Okay. He is very interested. in this commission. As you can see from his letter he's got a lot of enthusiasm and great background to really bring to the discussion at this commission level. He lives in a part town that we needed representation from, which is the center Old Town core and so, Council, I would available myself to answer any of your questions. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution 11-770, the appointment of M. Blaine Tewell, Junior, to the vacancy to the Meridian Traffic Safety Commission. Zaremba: Second. Bird: And provide an effective date of January 25th, 2011. Zaremba: Second. Nary: Madam Mayor? De Weerd: Mr. Bird -- I mean Nary. Nary: Madam Mayor, Members of the Council, I just noticed that tonight. Didn't see it earlier, so I apologize. The effective date, actually will be Monday. So, if the clerk would interlineate on that -- on the resolution, only because, technically, there is no seat until it's published and the publication date is Monday. So, it will be effect Monday. Bird: The 31. De Weerd: Okay. Zaremba: Second agrees. De Weerd: Okay. I have a motion and a second. Madam Clerk will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. F. Parks Department: Memorandum of Agreement Concluding Mo Brooks Baseball Field Complex Partnership with Meridian Athletic Roundtable, Inc. Meridian City Council January 25, 2011 Page 34 of 52 De Weerd: Okay. Now, I will turn it over to Mr. Siddoway on our Parks Department report. Siddoway: Thank you, Madam Mayor, Members of the Council. Anna, could you put up the doc cam for me? We wanted to give you an update on the dissolution of the Meridian Athletic Roundtable, Incorporated, and do that with a department report. Most of you are at least familiar with the -- the topic that we are here to discuss and the first thing we wanted to talk about -- we have three basic things to talk about. One is the memorandum of agreement. Second is the bleachers that are out there today and third is the scheduling and some of the things we have come across as we have started to try and schedule this field. First, though, with the agreement, you should all have in your packets a copy of the proposed memorandum of agreement that -- concluding the Mo Brooks Baseball Field Complex partnership. There were two previous partnership agreements, one from 1986 and one from I think it's 2004. We were contacted about three months ago in October by Eric and Heather Lanehart and they told us that the group known as MART, who has been scheduling that field and running it as their own, would be disbanding and asked if we would take it back. It's always been city owned property and it's within the area of Storey Park, but they have had the responsibility for operating that baseball field. Anyway, they were disbanding and wanted to know if we would take that over. So, we have been working to figure out what that means. They did formally disband already and so as part of that we -- there was enough loose ends and confusion about what happens when they do disband that we worked with Emily in the legal department to formalize this agreement, concluding the -- the previous agreements and just verifying that they are released and no longer in effect. There are four main parts to this agreement. One just notes that it's a mutual termination of all prior agreements. Any improvements that they made are hereby donated to the city. Third, that the city will assume all administration and scheduling of that field and fourth is a release of liability towards the city from them. So, with that I will pause here and ask if there are any questions about that process and what we hope to do with this agreement. It has been signed by John Labbe, who was president of MARI at the time it was dissolved and we believe everything is in order legally for this transition to take place with this memorandum of agreement in place. So, any questions about that memorandum? If not, I'd like to invite Garrett White up. He has been working over the last couple of months since we became aware of this to try and work on some of the scheduling issues and we do have a couple of questions and would like some direction from Council on a couple of items. So, with that I will turn it over to Garrett to talk about bleachers and scheduling. De Weerd: Thank you. White: Madam Mayor and Council, thanks for having us here tonight. I'll put the picture -- the current picture we have of the bleachers and I got to tell you I took the picture and it's not that great, but -- well, first, I'd like to give a little time on the bleachers and kind of what we -- how we found out about the whole process. Like Steve said, back in I believe it's the first week in October that MART group -- I believe it's the Meridian Meridian City Council January 25, 2011 Page 35 of 52 Athletic Roundtable, Incorporated, is what it's -- the MARI group stands for -- came to us, asked us to take the field over, like Steve had mentioned. In doing that our first questions were kind of like what's the upkeep going to be like and what other projects do you have going on. They did mention the bleacher project. They hadn't quite completed the bleachers. So, in doing that MART had said they were going to go out and kind of ask for bids and what it would cost to complete the bleachers. But based on their budget they weren't sure if they were going to be able to do that or not. They were not able to do that, so, then, the city realized that they weren't going to be able to do that and went and talked to our city building inspector and had them look at the bleachers and to kind of give us some feedback on some of the issues and concerns. Some of the concerns they came back with were there were some wide openings, both at the top and in between the tiers of the bleachers. De Weerd: You should see the rodeo grounds bleachers. These are up scale. Bird: No, they are not. De Weerd: Next to the rodeo's? Oh, my gosh. Bird: I'll tell you two sections of those rodeo ones are ADA approved, the ones we had given that was sitting here and we should have kept them there. This is the biggest farce that ever happened. White: Well -- Bird: Well, the city's got 25,000 invested from SWAC and I have got 25,000 invested and this is what you got out of it. De Weerd: Is that what you got? Bird: Yeah. I'd like to know where the rest of the money went. De Weerd: I don't know. Bird: I was the matching funds, so you can -- De Weerd: Did we purchase --did we purchase them? Bird: You didn't have nothing -- Tammy, you didn't have nothing to do with it. The only thing SWAC give us 25,000 and this is the crap we got. De Weerd: Mr. Bird -- I'm sorry, Garrett. White: That's all right. De Weerd: But, Mr. Bird, who -- then who purchased them? Meridian City Council January 25, 2011 Page 36 of 52 Bird: The MRAI. De Weerd: Oh. Okay. Now that I know that it wasn't us. That's a good thing. Bird: It never got finished. The drawing and stuff that the building department see and stuff, they can be -- they can be a nice set of bleachers. White: Yeah. There is potential there. Bird: There is very good potential. White: Yes. Bird: But they didn't finish it. And I kept telling them -- I'm going to go see you get closed down if you don't get them finished. Oh, we are going to finish them. We are going to finish them. Well -- White: Well, some of the things that came back was -- obviously, like I mentioned before, the wide openings at both the top and in between the tiers. The bleachers are very, very steep and they didn't have hand rails or the intermediate steps in between the tiers and also just around the side there was some loose fencing, which is, obviously, an easier fix than some of the other things. So, after that, as recommended by our building department, the building department recommended that we follow the steps of capital projects and permits were obtained and the bleachers do not meet -- are not up to the current code. We, then, reached out to Insight Architects for a fee proposal for the assessment of the bleachers. The architectural and structural design fee would be right around 4,000 dollars, but this did not include the drawings, civil engineering costs, and testing services and things like that. Obviously we want to go out and get more bids to see what it would cost, but that's just what we had for now for a ballpark number. The cost just for that -- just to -- for the analysis of that would be about 6,000, 8,000 dollars, realistically. Bird: Is that for both sets? White: I believe so, yes. Bird: It better be. White: And that's ballpark numbers on that. De Weerd: Ballpark. White: Yeah. Hoaglun: Madam Mayor. Did they not have drawings, apparently? Meridian City Council January 25, 2011 Page 37 of 52 White: Apparently they -- Bird: They do have drawings, but don't ask me where they are at. White: I haven't -- to my knowledge I don't know. Hoaglun: Okay. We don't have drawings. White: So, the cost to bring up the bleachers is really unknown, because, you know, we don't have the six to eight thousand dollars budgeted to get that stuff done, because, obviously, we just found out in October. But, realistically, I mean worse case scenario, like Mr. Bird said, these bleachers do have a lot of potential. But worst case scenario brand new bleachers all around, and those are very pricey, anywhere between about 15,000 dollars to -- that's per set and you would probably need about four sets to equal what's out there right now. So, you're looking at pretty good money to replace the bleachers. But there is potential with the ones we have there, so -- Bird: And what did you say the total cost was, Garrett? I'm sorry. White: Total cost -- total cost right around sixty, roughly. And that's -- Bird: Around what? White: Sixty thousand if we -- Bird: No. No. That's new. White: Yeah. That's brand new. Bird: To bring these up to code. White: That's unknown. De Weerd: We don't know. White: We don't know until we get the actual analysis. Bird: I thought you was throwing out some numbers there. White: Well, the analysis to get -- to find out what it would cost is about 6,000 dollars to 8,000 dollars to get the drawings -- De Weerd: Just to find out? White: To find out and -- yeah. Meridian City Council January 25, 2011 Page 38 of 52 De Weerd: That highway robbery. White: And, again, we need to get more bids. But, you know, that's what we have as of right now. De Weerd: Wow. I'm in the wrong business. Bird: That wasn't from The Land Group, I hope. White: Excuse me? Bird: That wasn't The Land Group I hope. White: No. That was -- go ahead. Siddoway: That bid came from Insight Architects, but the -- we tried first to go to our building department, because we thought, you know, why don't we just. use our own building inspectors and have them tell us what needs to be done and we can get that bid. They went out and, basically, said it was beyond them to just tell us and that we needed to hire an actual engineer to do it. So, that's when we went out to an architect and said tell us what it would cost to have you in inspect these, do, you know, testing and let us know what needs to be done. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to give you one name to get a hold of that might have the plans. Get a hold of Will Berg. If he don't have them he probably knows who does. There was some plans, they were brought -- in fact, Steve, Ithink -- no, you didn't see them. I think Doug did. They went -- Elroy did. And they went through our building department. Do you recall them, Bruce, at all? Freckleton: I'm sorry, I don't recall that. Bird: I don't think it went any farther than Daunt, probably. Because they didn't -- nobody -- they didn't charge us, so -- Siddoway: Yeah. We did ask and we were working with Brent Bjornson and he e- mailed us back and said that -- that no building permits had been pulled that he could find. Bird: They waived the building permits. Siddoway: Okay. Meridian City Council January 25, 2011 Page 39 of 52 Bird: There was no building permits on it. But there is a set of plans drawn. But get a hold of Will and see, Steve. Siddoway: Yeah. We'll look for them, because the design I'm sure included steps -- one of the main design issues with this is that you have to go from seat to seat without an intermediate step and it's real difficult to -- De Weerd: We have been there. Bird: The worst thing you can do. I can't climb them anymore. My balance is not that good anymore. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm going to add to my reputation for off-the-wall ideas. This is sounding very expensive for what looks like a not very large set of bleachers. How about we give this set of bleachers to the rodeo and make a grassed berm there that is -- Bird: We can't. Zaremba: That's not possible? Bird: These are in place. Zaremba: Okay. Bird: They have got a -- Zaremba: I'm just thinking if we just made a hillside there that people could sit on -- Bird: They got a block wall all the way around it. Siddoway: They are walled in. Zaremba: Okay. Bird: They are walled in and these are actually into the deal. Zaremba: All right. Forget that. Bird: I have got some blood, sweat, and tears in the stupid thing. Meridian City Council January 25, 2011 Page 40 of 52 Siddoway: So, I think for tonight's purposes we can just -- we just want you to be aware that there is work to be done. We will continue investigating what needs to be done. We need you to know there is going to be a cost associated with that that we don't have currently budgeted and we will come back to let you know what that is at a future date. Bird: Madam Mayor? De Weerd: Uh-huh. Bird: Steve, I think that that field is -- is -- can be -- at least pay for itself through rentals and stuff. And, hopefully, we can raise some money. I know you had the James Dodge deal, which we have always donated, because that goes to scholarships for Meridian. It's a scholarship thing. They do just about like what Robert was just talking about, they give four or five scholarships out, a thousand dollar scholarship and I can name you about ten kids that have got them and I have served on the application committee a couple times for Angie and stuff. And, by the way, thank you very much, Garrett, for taking care of her. She appreciated that. Siddoway: We have noticed a lot more demand for this field than we realized. When we first met with the Laneharts it was characterized there wasn't much need and we actually thought we might be converting it to a softball field at the time, but based on what we have seen in the last month that's certainly not likely based on what we are seeing. So, we will have Garrett move, then, to the scheduling and tell you a little bit about what's been coming in the door. White: All right. Thanks, Steve. De Weerd: I guess I would like to say -- because we know this is not up to code, we cannot use that field until they are. Bird: We can use the field, but we can't allow -- we got to -- Siddoway: We have to block off the bleachers. Bird: That's what I made them do before. De Weerd: Yeah. Okay. Bird: They will have to bring chairs and stuff. White: Yeah. To my understanding that was going to get blocked off, I believe, late last week, if not today or yesterday. Okay. Well, with the scheduling, like Steve had said, there is -- Zaremba: Madam Mayor? Meridian City Council January 25, 2011 Page 41 of 52 De Weerd: I'm sorry, Garrett. Mr. Zaremba. Zaremba: I'm sorry to interrupt, but it just occurs to me if we are going to rope them off or something, I think we all should -- also should put a sign on them that says unsafe, do not use. I mean because people are going to ignore -- here is these bleachers, somebody is going to climb up on them. So, I think a sign that says unsafe, do not use, or something -- at least extra protection for us in case somebody does get hurt. De Weerd: Crime scene tape or -- White: So, with the scheduling -- thank you, Councilman Zaremba. That's a great idea. We will make sure that gets done. So, to scheduling. Like Councilman Bird had just mentioned, James Dodge Memorial Tournament is tentatively scheduled for the week of June 9th through the 12th. I spoke with Angie -- I'm probably going to butcher her last name, but Beberness? Bird: Beberness. White: Beberness. And talking about the fees of the field and to give you kind of an update what's going to happen. She has requested that -- to get the fields -- fees waived and I have instructed her to draft up a letter just explaining the history of the tournament, what the purpose is for, so that she can present that to you guys, because, obviously, I didn't have the authority to waive the fees and things like that. So, that will be more than likely coming to you in the near future. The next thing that is normally scheduled is the Dairy Days tournament. Siddoway: Council could direct us -- if you -- if you don't want to wait for that letter and you feel to waive those fees tonight, you could direct us to do that, otherwise, we will bring it back with the letter. But if you already know what you want to do -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is one Councilman that -- I don't believe -- I believe that it's a very worthy community cause. To my knowledge all the kids that have got scholarships have come from Eagle, Rocky Mountain -- well, Rocky Mountain hasn't, probably. Meridian, Centennial, and Mountain View. So, I would waive the fees on it, because it is a community benefit and she gets nothing out of it. Hoaglun: Is that a motion? Bird: That's a motion. Hoaglun: Second. Meridian City Council January 25, 2011 Page 42 of 52 De Weerd: I have a motion and a second to waive the fees. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. White: All right. Well, thank you for doing that. The second thing that I was wanting to mention here is the Dairy Days tournaments run by the Meridian Youth Baseball or MYB organization and they requested to use the field again this year during the Dairy Days festivities. From my understanding in the past there has been very -- a huge parking issue during the event and, then, having other additional activities in the park can cause more issues. And, again, that's something that we will talk about in a minute. We are currently also working out a couple issues regarding a -- there is a college legion team that's a traveling team that wants to call a place home and they have picked Meridian -- the Storey Park baseball field and they are looking into possibly having 30 to 40 home games and calling that place home. Obviously, the bleachers would have an effect on things like that, but we are working out some of those issues trying to figure out what we can do for them to use the field. And they obviously -- it's college baseball, it's good baseball, it's good for the community to come out and watch that. Also the Boise State Club team is reserving the field and using the field, along with Meridian Senior Baseball League. It's a 21 and older league that want to use the field as well. I can tell you that starting -- starting in March -- in early April that field is used six times aday -- or six times a week, if not more, through August -- or into early September. So, it's very much used through hardball, baseball, with those groups that I just mentioned. In taking over the reservations and scheduling the fields, it's come to the conclusion that a lot of the reservations want to use the lights, they are willing to pay for the lights, and we just haven't had a fee set for the lights in regards to that. With my experience with my past employer at the city of Orland in California, we had a baseball field very similar to this, almost identical in terms of the field size and the light poles there. There we based our fee on 25 dollars per hour per use of the lights. So, we are recommending that we go with the 25 dollars an hour per use. Look at the bills month to month, see if we are meeting that, whether or not we need to adjust it the next year and look at the fees in that. I'm also in the process of getting in contact with Idaho Power to see if there is analysis on -- maybe we can see what it .would cost per hour. So, that's -- the ball's rolling on that, so -- but, again, like I said, we would monitor the use and monitor the bills coming in. Zaremba: Madam Mayor? I have seen places -- maybe they were tennis courts where there is a little box on the light standard and you have to put two quarters in to get 15 minutes of light and, then, you have to put two more quarters in. Although you can -- think you can put a couple dollars ahead, but -- Meridian City Council January 25, 2011 Page 43 of 52 White: Yeah. Madam Mayor and Councilman Zaremba, that's kind of my next point was going to go over. We are actually -- today we were looking into -- had an electrician out to see what it would cost to put those lights on a timer to where we can set the timer and know when they are coming off and they are coming on, so we know when people are going to be using them and things like that, but right now currently that field with the lights coming on you have to go to each light pole and flip them on individually. So, we are currently looking into that. We weren't able to get the full information that we needed today, so I don't have a price number on what it is, but, again, it comes down to money on when we can do that and, obviously, we didn't have it budgeted for anything on that. So, that is possible, because we do that with our softball field at Storey Park. It's set up on a timer to where if somebody does reserve the field I can go out there and set the timer on when it's supposed to come on and when it's supposed to go off. So, that was brought up. So, we are looking into that as well. So, guess my question is does Council have any specific direction or questions regarding the scheduling of the fields? I know one question that we would have -- would involve the Dairy Days and the tournaments going on up there. You know, in the past MYB has used that field for, you know, obviously their big tournament, they come in according to Eric Centers with the MYB, they are strapped for fields as it is right now. But we have been getting Iguess -- I guess it's just been a huge parking issue during those days, so -- I don't know if you guys have any ideas, thoughts, or comments regarding the Dairy Days tournament or not. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Remind me do they -- does MYB pay the fee out there? White: They would pay to reserve the field. Bird: They would pay the 25 dollars an hour? White: Well, ten dollars an hour to reserve the field. If they would like to use the lights it would be 25 dollars on top of the ten. Bird: I don't have any -- the only time you're going to have problems is Saturday night. I'm sure Donny will -- Donny would allow us to use the parking lot next to the deal. In fact, we have got agate -- well, no, that gate went away, didn't it? White: There is one gate in the very -- in the corner behind the -- Bird: We moved it from the east side to the south. That's right. When they put in that wall there for the sun belt. White: Yes. Meridian City Council January 25, 2011 Page 44 of 52 Bird: I would -- I would like to see them still be able to use that for -- if you guys -- I don't think the parking is going to be that radical for Dairy Days. In fact, they don't have races Saturday night on Dairy Days. Or they didn't last year. De Weerd: No. It's the activities in the park that's the problem. Bird: Well, yeah, but if you use Donny's three acres there -- Siddoway: What I was going to say is the chamber usually works with Donny as part of their temporary use permit for Dairy Days to have access to that parking for the Dairy Days festival. Maybe what we need to do -- Bird: Baseball is part of that festival. Siddoway: -- is identify with the chamber when those busiest times are and see if we can avoid scheduling games at those specific times, because it is a bit of a Catch 22. We get the complaints about over booking the park and trying to run a tournament on top of the Dairy Days activities that are going on and, yet, the Dairy Days tournament is a huge tournament and brings in people from all over the northwest and it's a big benefit to the city as well and -- so it's a bit of a Catch 22 and maybe we can try and find some middle ground by just trying to avoid those busiest times with game times. Bird: Madam Mayor? De Weerd: Are there other areas that -- Bird: Yeah. There is some other areas there. Do you guys have -- do you still have the opening between Harold Cox field and the parking lot there to the east? Do you still have -- has that fence been -- White: I don't believe there is a gate there. Bird: Okay. They used to have a cutout, I think. I think there is some areas. And not only that, if they are not going to have races -- we'd have to find out if they are going to have races. If they are not going to have races there is no reason we can't use that back part of the speedway. In fact, there is no reason they can't even park in the speedway. I'd almost make you a bet that Donny and them would let them. AI and Don. But I hate to see it go away for the simple fact is it brings a lot of money to our restaurants and to our motels and all this kind of stuff -- to our grocery stores and to me when I go by a park and I see cars parked on the street or -- and the parking lot's full, I love it, because I know our parks are getting used. I hate going by a park and not seeing anybody in it. Siddoway: Well, we will do our best to accommodate both with that direction. It sounds like that's what the Council would like to see. Meridian City Council January 25, 2011 Page 45 of 52 Zaremba: Madam Mayor? Bird: Thanks, Steve. I think that's -- we need to look into it. De Weerd: Mr. Zaremba. Zaremba: If I'm observing the picture that's up there correctly, is that building a concession stand? Bird: Yes. White: Concession and announcers booth. Zaremba: Could we talk to our concessionaire in Settler's Park about -- I mean if there is that much activity going on maybe we should have a concession in there. White: A lot of the activity is in the evenings, so I don't know -- it's not an all day thing. Very similar to Settlers. I know Settlers they have the splash pad, so there is constant activity out there, which I'm sure you already know. This -- a lot of the reservations that I have been taking so far start about 5:30 on. Siddoway: And this legion team that's interested in the fields have a concessional of their own that is interested if they do get in there; correct? White: Yeah. Yeah. Zaremba: Okay. I was thinking about the college league thing. Siddoway: We will certainly put that on the table, though. Zaremba: You know, they certainly should plumb them for making some more money off of them. Bird: It's a very well set up concession. White: Yeah. Good condition. Well, that's all I had. Thank you very much. Siddoway: To summarize, we would seek your approval, then, of the memorandum of agreement tonight. We will also keep -- continue working on the bleachers and be back to you at a future date with more information about that. We will waive the fees for the James Dodge tournament. We will try and accommodate Dairy Days and, then, just continue forward with the other things we talked about. De Weerd: Okay. Thank you. Bird: Madam Mayor? Meridian City Council January 25, 2011 Page 46 of 52 De Weerd: Mr. Bird. Bird: I would move that we approve the dissolution of the agreement with Meridian Athletic Roundtable, Incorporated, in the City of Meridian over the -- for the baseball field and area known as Mo Brooks Field in Storey Park. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before you go on. I want to make -- I want to tell you something. Next to the speedway that is probably my second love in Meridian. I have got a lot of blood, sweat, money, and tears in that field. We started that thing in 1982 and to my knowledge the city has not spent a penny out there. The Meridian Athletic Association has a little under 200,000 in it. So, take care of it, guys. It's a good field. Siddoway: Thank you. G. Legal/Clerks and Planning Departments: Expired Development Agreements Update De Weerd: Okay. Our next item is our city clerk or legal? I'm not sure who is taking this one. Canning: I think I am, ma'am. De Weerd: Oh. I guess I chose the two wrong one. The third got it. Canning: Madam Mayor, Members of the Council, about a year ago we met to discuss some development agreements that had not been signed and you gave us kind of two directions at that point. One was to make all the time lines consistent, so we did that a number of months ago, and everything is two years as far as final plats, conditional use permits, and preliminary plats, all that kind of stuff is all two years. The second was to go back and notify some of the ones that were particularly old and that they had not gotten time extensions on. So, the clerks developed the list for us. Legal did the draft Meridian City Council January 25, 2011 Page 47 of 52 of the letter and in reviewing the draft I thought we might make it a little more warm and fuzzy and so we took Bill's name off of them and kind of personalized them a little bit more for each applicant, updating it with -- to the best of my knowledge with what they had. So, each of them is a little different. I can give you just kind of a few samples, so - - so that you can see them. So, this is for like Ten Mile development, which is the one that Dennis Baker ended up buying or Scentsy's bought most of it now, so it's not even in their ownership anymore. So, if you skip down to this third paragraph it says basically that. We understand that you no longer own the property. Given that the approval period is expired the City of Meridian would like to leave a clear public record and officially rescind the rezone and development agreement approval. So, that's, basically, what each one says. Ten Mile Christian Church was a little bit different, they just -- they never signed their DA, but they did everything we asked them to do in the DA, so on that one we are not -- we are just saying we'd just like to rescind the DA, not the rezone that goes with it. Most of the other ones are very similar. Benelli Springs, Grau Subdivision, Shaylee Estates -- that one he actually -- he withdrew, but the Conditional Use Permit -- it's a little different. Matador Subdivision. Lou's at Lochsa Falls. These are all residential subdivisions that -- Seegrave -- that just basically died and so those kind of all say the same thing. I'll read Seegrave's. We understand you're no longer pursuing a residential subdivision on the property, given that the approval period has expired. The City of Meridian would like to leave a clear public record. So, again, similar. Goff was the one with the -- the swimming pool instruction. You may remember that. So, that's just another one we just said they weren't looking for development. Did want to point out the Fig Nut one. I have not really heard from the Van Aukers as to what's happening on this, so this may inspire a few phone calls, but to our knowledge they -- they are just not pursuing that subdivision at this time. We may hear something different. But we just have asked folks to contact us if they are opposed to it. It will be a little bit interesting to see who calls. The hearing is -- we are -- says it will be March 8th before City Council. So, that's all of them in a nutshell, as quickly as I could make it, but -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Have you sent these already? Canning: Yes. I think so. Zaremba: Okay. Canning: They are either in our mailbox or they are already out. Did you notice something that means I need to grab them out of our mailbox before I leave? Zaremba: Well, look at the last paragraph -- Canning: Oh, oh. Meridian City Council January 25, 2011 Page 48 of 52 Zaremba: At least in the Fig Nut one I don't know that I noticed. The last sentence says: You may contact me if you would like the Council to consider action other recission. There should be a word than -- other than recision. That's not a major flaw, so if they are already printed and signed and in a mailbox, don't worry about it. Canning: And they are all very consistently wrong. Zaremba: They are consistently missing that word, but -- somebody can figure it out. Hoaglun: You do have a couple that have than in, because I was noticing that, but, then, you had one that had it in there, so I thought, okay, they changed them all, but, then, it came back again, so -- Zaremba: It's not that big a deal. It's understandable. And Madam Mayor -- De Weerd: Oh, good. I get to use this later. Nary: That's what happens when we take the lawyer out of the -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That does bring up another question that I would have. I guess I operate under the assumption that if they haven't signed a development agreement we have not approved annexation. Canning: Correct. And we have verified that on all of them. Zaremba: I would -- so, the Ten Mile Christian Church is not annexed yet? Canning: No. That one -- that one was a development agreement modification and they never signed the modification. So, we have annexed the church and, then, they came in for a modification. Zaremba: And the other ones have not broken ground or done anything; is that correct? Canning: Not under the entitlement that's being rescinded. Zaremba: Okay. Canning: Like Scentsy, they picked it -- they didn't -- the first one, Ten Mile Development, wanted to rezone that to C-G. Well, Scentsy purchased it and is using it as I-L, not as C-G. Meridian City Council January 25, 2011 Page 49 of 52 Zaremba: Thank you. De Weerd: Okay. Any other comments? Bird: No. I'm just -- I'm glad they don't have to call me. De Weerd: Okay. Zaremba: All right. Good. Canning: So, I -- Council may receive some phone calls. I'm sure we will receive phone calls. I'll kind of let folks know if -- if there is a big issue. I'm sure all of us will hear about it. Zaremba: Well, I think you're right. You said on the Fig Nut one, but I would think on any of them if -- if this alerts them that they need to do something, you have said it right, it's -- you know, here's what's going to happen. If that's not what you want give us a call. So, I wouldn't expect that to be an angry call, it would be a, oh, hello. Thank you. Canning: And the only concern is that -- for instance, the Grau one. I know we have told them it's dead, because that was our understanding is that it is dead. So, it will be interesting to see what may happen on the 8th. De Weerd: Okay. Anything further from Council on this one? Bird: Did she -- Madam Mayor, does she need a motion to -- De Weerd: You want to talk in your microphone before Dean gets after you? Bird: Oh. Do we need a motion to allow this out or -- I felt we give her -- we give them the go ahead when we asked them to do this. I don't feel we need a motion, do we? Hoaglun: To authorize the letters that have already been sent, Madam Mayor? Nary: Madam Mayor? Madam Mayor, Members of the Council, Councilman Bird, no, you already gave that direction and they will come back in front of you in March. If anyone has an objection, then, that's an opportunity for them to provide that objection. And, then, you can take action to actually rescind that earlier decision. Bird: Thank you. Canning: Madam Mayor. Tonight -- today was just to let you know what the letter said that went out just to kind of give you a heads up. De Weerd: Thank you. Meridian City Council January 25, 2011 Page 50 of 52 Zaremba: Good letter. Bird: Thank you. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Councilman Zaremba -Mayor and Council an Update on Air Quality Board Meeting Zaremba: I realize we are at the end of our agenda, but I could do a five minute comment on the Air Quality Board's meeting yesterday if anybody would care. Bird: Let's hear it. De Weerd: You bet. Zaremba: As you all are aware on January 1st of 2010 the Ada County Air Quality Board implemented a change that meant that testing was required every other year and exempting the first four years, as opposed to the older system of testing every car every year, regardless of how old it was. A few months after that the Idaho Department of Environmental Quality instituted a program in Canyon County that was -- had some differences from ours and the Air Quality Board at that time said we will watch that program for six months and see whether we want to adopt their way of doing it. That time has elapsed and the meeting yesterday had that on the agenda and the decision was that we didn't see any reason to change what we were doing. I agree that it was worth asking the question, because if they had some program that was light years ahead of ours, that would have been a good thing. But the basic gist of it was there are some ways that their program may be equal to ours and some ways that it's not as good as ours. So, we felt there was no reason to trash what's been working for more than 20 years and go to a new system and we will stick with ours. We had a fairly long agenda and we had two hours scheduled for the meeting. We ended up meeting for two and a half hours and not getting to the last three items on our agenda, one of which was discussion of funding a comprehensive air quality education program, which the Treasure Valley Air Quality Council has asked the cities to do and suggested that they pass that onto the Air Quality Board. That discussion was moved to next month, so I don't have an answer for you on that subject yet. But I just thought I'd bring you up to date that I think we have put to rest making any other changes to our program for some time. Bird: Good. De Weerd: Any questions? Meridian City Council January 25, 2011 Page 51 of 52 Bird: I have none. Thank you, David. De Weerd: Okay. Thank you. Zaremba: Thank you. De Weerd: I would just also like to note in front of you you have your delinquency for turn-off list. I chose the actual versus the pre-list and I would just like to go on the record and tell you that Karie Glen and her staff have been done a lot of tweaking their processes that have made it easier on those. You can even now pay in the morning and they can divert a turnoff that we weren't able to do before and so I think they -- they always have a very difficult environment during these turnoff days and we really have to appreciate the people that work in our utility billing and some of the abuse that they take. But they do just an amazing job at customer service and in dealing with real difficult situations. So, I just want -- I thought it was noteworthy to bring to your attention and if you think about it and you have a chance to stop in and say something to those -- those gals and guy that they really do a fantastic job in our utility billing. Bird: Madam Mayor, to add to that -- De. Weerd: Mr. Bird. Bird: They truly know -- not that the rest of our people don't also, but they truly know customer service. Those people -- I have happened to be going through there many a time when some unhappy person is in there voicing their opinion and our employees have stayed calm, cool, and collected and the people -- the ones I have seen have walked out -- maybe not happy, but they got the right answer and they -- you know, they -- they got an answer, let's put it that way. There was no him hawing around. I agree with you, they do a fantastic job, the same thing as the rest of our employees, but these people -- the only one that even comes close to that would be the clerk's office and they don't get near the complaints that those guys do. De Weerd: Yeah. And I think our water department gets it, too, but -- and I just think that we continue to -- to improve the system and, again, I would say there has been a number of customer focus changes in that department that have made their job slightly easier and they do deal with their -- the customers that come in with -- with a great deal of respect. So, with that said, I would entertain a motion to adjourn. Hoaglun: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 25, 2011 Page 52 of 52 MEETING ADJOURNED AT 9:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) '"~1r ~ CSC ~' MAYOR T De WEERD ATTEST:- JA -~~~~ DATE APPROVED LM~V, ~~~ ~~ ~~ ~ ~:a~ ; ; ~ r ~ . ~. K~~ ~ v~ ~a 1 ~ ~ ~cS t~".~'C.r.~ (J. '~. ~, . ~ ' ~ ~' s y i { , ' ~ i ~~ `~:~ ~ ~~ d S ~1~~1