HomeMy WebLinkAbout2013-07-16E IDIAN:---- CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, July 16, 2013 at 6:00 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg 2-3)
A. Approval of Bid Award and Contract to Ewing Company, Inc. for the
"Wastewater Treatment Plant (WWTP) RV Dump Construction" for aNot-
To-Exceed Amount of $394,071.74
B. Approval of Bid Award and Contract to Diamond Contractors, LLC for the
"Settlers Village Square Phase 2 Tennis Courts Construction" Project for a
Not-To-Exceed Amount of $770,499.00
C. Approval of a City Wide, Evergreen Sole Source Purchase/Supplier for the
Lenel On-Guard Security System from Apex Integrated Security Systems
D. Approval of a City Wide, Evergreen Sole Source Purchase/Supplier for the
Automated Logic WebCTRL System from Clima Tech
E. Final Order for Approval: FP 13-029 Oakcreek No. 3 by Oakcreek, LLC
Located Southwest Corner of N. Black Cat Road and W. McMillan Road
Request: Final Plat Approval Consisting of 34 Single-Family Residential
Building Lots and Eight (8) Common Lots on Approximately 9.50 Acres of
Land in an R-8 Zoning District
F. MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ,
Inc. Located 1845 W. Franklin Road Request: Amendment to the
Development Agreement to Remove the Language Pertaining to the
Meridian City Council Meeting Agenda -Tuesday, July 16, 2013 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Expired Plat and to Include a Conceptual Development Plan for a Mixed
Use Development
6.
7.
8.
G. Recreational Pathway Easement for Red Wing Subdivision
H. Meridian Commons Pedestrian Pathway Easement
I. Resolution No. 13-930: Asset Donation and Disposal of Computers,
Laptops, MDT's, Network Equipment, Servers, and SANs
Items Moved From Consent Agenda None
Community Items/Presentations
~,. Arts Commission: Selection of Artwork for Meridian Split Corridor Phase 2
Public Art Project Continued to July 23, 2013 (Pg 4-20)
Action Items
A. Continued from July 2, 2013: FP 13-020 Reflection Ridge Subdivision No. 1
by Chris Todd, T-O Engineers Located West Side of S. Locust Grove Road
and South Side of the Ridenbaugh Canal, North of E. Amity Road Request:
Final Plat Approval Consisting of 61 Single-Family Residential Building
Lots and Ten (10) Common/Other Lots on 24.87 Acres of Land in the R-8
Zoning District Approved (Pg 20-24)
B. Public Hearing: VAC 13-002 Accolade (aka Gramercy) by Field at Gramercy,
LLC Located South of E. Overland Road and West of S. Bonito Way,
Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Vacate
the Following Easements: 1) A Portion of the 10-Foot Wide PUDI and
Landscape Easement Along the South Boundary of Lots 2 and 3, Block 7;
2) City of Meridian Water and Sewer Easements Along the North Boundary
of Lots 1, 2 and 3, Block 7 Platted with Gramercy Subdivision; AND 3) a 25-
Foot Wide Emergency Vehicle Access Easement Along the Shared Lot
Lines of Lot 2 and 3, Block 7 Recorded as Instrument #108013634
Approved (Pg 24-27)
C. Public Hearing: MDA 13-012 Accolade by Fields at Gramercy, LLC Located
South of E. Overland Road and West of S. Bonito Way Between E. Blue
Horizon Drive and the Ridenbaugh Canal Request: Amend the Accolade
Development Agreement (Instrument #112107771) to Reduce the Required
Number of Carports Approved (Pg 24-27)
D. Public Hearing: CPAM 12-007 Woodburn West Subdivision by Northside
Management Located North of W. Ustick Road, Approximately 1/4 Mile East
of N. Linder Road Request: Amend the Future Land Use Map Contained in
Meridian City Council Meeting Agenda -Tuesday, July 16, 2013 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
the Comprehensive Plan to Change the Land Use Designation on 6.8 +/-
Acres of Land from Mixed Use-Community (MU-C) with a Neighborhood
Center (N.C.) Overlay to MDR (Medium Density Residential) Approved (Pg
27-34)
E. Public Hearing: AZ 13-003 Woodburn West Subdivision by Northside
Management Located North of W. Ustick Road, Approximately 1/4 Mile East
of N. Linder Road Request: Annexation and Zoning of 25.8 Acres of Land
with an R-8 Zoning District Approved w/ changes (Pg 27-34)
F. Public Hearing: PP 13-007 Woodburn West Subdivision by Northside
Management Located North of W. Ustick Road, Approximately 1/4 Mile East
of N. Linder Road Request: Preliminary Plat Approval Consisting of 99
Single-Family Residential Building Lots and 16 Common/Other Lots on
25.75 Acres of Land in a Proposed R-8 Zoning District Approved with
Conditions (Pg 27-34)
G. Public Hearing: RZ 13-004 Valenti Rezone by Jeanne Valenti Located
Northwest Corner of N. Meridian Road and W. Washington Street Request:
Rezone of 0.34 of an Acre from the R-4 (Medium-Low-Density Residential)
Zoning District to the O-T (Old Town) Zoning District Approved (Pg 34-36)
H. Public Hearing: AZ 13-005 Paramount Northeast Subdivision by Brighton
Development, Inc. Located Southwest Corner of Chinden Boulevard and N.
Meridian Road Request: Annexation and Zoning of 54.69 Acres of Land
with C-C (17.68 Acres); TN-C (31.27 Acres) and R-8 (5.74 Acres) Zoning
Districts Approved (Pg 36-41)
Public Hearing: PP 13-008 Paramount Northeast Subdivision by Brighton
Development, Inc. Located South of Chinden Boulevard on the West Side
of N. Meridian Road Request: Preliminary Plat Approval Consisting of 79
Single-Family Residential Building Lots and Four (4) Common/Other Lots
on 27.23 Acres of Land in th R-8 Zoning District Approved (Pg 36-41)
9. Department Reports
~~e. Police Department: Budget Amendment for Spending Authority for FY2013
and FY2014 Idaho Transportation Department (ITD) Alive at 25 Grant for the
Not-to-Exceed Amount of $69,675.00 Approved (Pg 41-43)
E. Police Department: Budget Amendment for Spending Authority for FY2013
Idaho Transportation Department (ITD) Traffic Grant for the Not-to-Exceed
Amount of $39,000.00 Approved (Pg 44)
Meridian City Council Meeting Agenda -Tuesday, July 16, 2013 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
~. Community Development: Discussion of Timeline and Proposed
Amendments of the Idaho State Plumbing Code (Pg 44-48)
10. Future Meeting Topics
11. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise
Its Legal Representatives in Pending Litigation (Pg 48-49)
Into Executive Session at 8:12 p.m.
Out of Executive Session at 9:16 p.m.
Adjourned at 9:16 p.m.
Meridian City Council Meeting Agenda -Tuesday, July 16, 2013 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian Citv Council July 16, 2013.
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July
16, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David
Rountree and Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Wafters, Bill
Parsons, Scott Colaianni, Chris Amenn, Tom Barry, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Well, we are almost at straight up 6:00 o'clock. Welcome to the Meridian
City Council meeting. I'm going to go ahead and get started on our regular meeting.
So, welcome. For the record it is Tuesday, July 16th. It's 6:00 p.m. We will start with
roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard with Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry
Woodard and he is with Ten Mile Christian Church. If you will all join us in the
invocation or take this as a moment -- as an opportunity for a moment of reflection.
Thank you for joining us, Larry.
Woodard: My pleasure to be here. Well, let us pray. Our Dear Heavenly Father, what
an honor to pray to you, to talk with you, the creator of this earth and to know that you
hear our every word. Tonight I pray for the Mayor of this city and the City Council who
serve with her. I always pinch myself that that in Meridian the Pledge of Allegiance to
the flag of our country and a prayer are still practiced in the center of the Treasure
Valley. Tonight I pray that this Council will be wise in all its decisions, that issues,
however controversial, are handled fairly and appropriately. May our citizens feel that
they can bring issues before their city leaders and that their comments would be fairly
Meridian City Council
July 16, 2013
Page 2 of 49
heard and answered. Tonight I do not want us to forget that this is a city that prizes life.
Yes, even life of the unborn. That this city prizes children, our future generations. So, I
pray for our city planners, our police who work to keep us safe, our firefighters and EMS
who are quick to respond when there is an emergency and the other workers within our
city government. Each employee of this fine city needs your prayers tonight and for
their families. In closing I pray that each us in this room tonight will just reflect a
moment on what we have done this past week to make Meridian one of the best places
to live and what we can do this next week to make it even better. Thank you, God, for
listening as I pray in Jesus' name, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you for that blessing. Item No. 4 is adoption of the agenda
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just one note on tonight's agenda. Item 5-I is Resolution No. 13-930 and with
that, Madam Mayor, I move adoption of the agenda as printed.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed. All those in
favor say. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approval of Bid Award and Contract to Ewing Company,
Inc. for the "Wastewater Treatment Plant (WWTP) RV
Dump Construction" for aNot-To-Exceed Amount of
$394,071.74
B. Approval of Bid Award and Contract to Diamond
Contractors, LLC for the "Settlers Village Square Phase
2 Tennis Courts Construction" Project for aNot-To-
Exceed Amount of $770,499.00
C. Approval of a City Wide, Evergreen Sole Source
Purchase/Supplier for the Lenel On-Guard Security
System from Apex Integrated Security Systems
Meridian Cily Council
July 16, 2013
Page 3 of 49
D. Approval of a City Wide, Evergreen Sole Source
Purchase/Supplier for the Automated Logic WebCTRL
System from Clima Tech
E. Final Order for Approval: FP 13-029 Oakcreek No. 3 by
Oakcreek, LLC Located Southwest Corner of N. Black Cat
Road and W. McMillan Road Request: Final Plat
Approval Consisting of 34Single-Family Residential
Building Lots and Eight (8) Common Lots on
Approximately 9.50 Acres of Land in an R-8 Zoning
District
F. MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek
Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road
Request: Amendment to the Development Agreement to
Remove the Language Pertaining to the Expired Plat and to
Include a Conceptual Development Plan for a Mixed Use
Development
G. Recreational Pathway Easement for Red Wing Subdivision
H. Meridian Commons Pedestrian Pathway Easement
I. Resolution No. 13-930: Asset Donation and Disposal of
Computers, Laptops, MDT's, Network Equipment, Servers, and
SANS
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: As noted 5-I is Resolution No. 13-930. I move approval of the Consent
Agenda and the Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian Cily Council
July 16, 2013
Page 4 of 49
Item 6: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Community Items/Presentations
A. Arts Commission: Selection of Artwork for Meridian Split
Corridor Phase 2 Public Art Project
De Weerd: So, we will move to Item 7 under Community Presentations and we have
our Arts Commission presentation. By the way, happy birthday. I'm not going to sing
happy birthday to you, but I will wish it to you.
Jensen: Thank you.
De Weerd: And I'm not going to ask these guys to sing it either.
Bird: You wouldn't want us to.
Jensen: We have all arts in Meridian. Thank you. Madam Mayor, Commission, my
name is Mary Jensen, I am the chairman of the Meridian Arts Commission. I am here
today to talk to you about the Arts Commission meeting that was held on July 11th
where we reviewed a proposal for what we are calling our Meridian cross-over public art
project. MAC considered the public input. They also considered the criteria which are
as follows: Appropriateness and safety of the proposed artwork for the project site. The
quality of the proposal. Incorporation of recycled, reused, or repurposed materials.
Reflection of Meridian's commitment to environmental responsibility and sustainability,
consistency with Meridian's history, character, and values. Consistency with existing
esthetic improvements along Main Street and contribution to esthetic and cultural vitality
and sense of place. With those considerations the Meridian Arts Commission is making
the recommendation to City Council that C.J. Rench's proposal Under The Sun and
Dreaming be installed in the south parcel as proposed. MAC recommends this piece
Under The Sun and Dreaming because of its esthetic appeal. The Commission felt like
the proposal piece would bring vitality and a sense of youthfulness to the downtown
core and it conveys an energy that would stand the test of time. It is also to be noted
that the piece Under The Sun and Dreaming may also be able to be modified, so that a
second piece would be able to be added to the south parcel called Star of the West. If
you remember in the proposal and in the maquette that was brought forth by Mr. Rench,
Star of the West was a small red piece -- okay. We have those if you needed to see
them it looks like behind you. The small red piece that was not actually included in the
proposal, but included as a possibility for a piece that could be purchased later. Since
then Mr. Rench has told me at Meridian Arts Commission that he may be able to modify
the first piece, so that the second piece may also be installed in the same budgetary
manner. It is also important for you to note that the selection panel that reviewed these
three projects also reviewed the proposals and on their meeting in July 8th they
considered those same criteria and recommended to the Meridian Arts Commission that
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July 16, 2013
Page 5 of 49
first the large piece in the Delia DeLapp proposal, The Family, be installed in the south
parcel. So, if you're looking behind you the large piece that is the ring with the children
in the middle be proposed. This was by the selection panel. And, second, that the
smaller piece of C.J. Rench that, again, was not included in the proposal, but it is the
red piece -- be placed at -- I believe it was on the north parcel. And that was the
recommendation of the selection panel. I will entertain questions at this time if you have
any.
De Weerd: Council, questions?
Hoaglun: Mary, real quick. On that -- the selection committee, I'm trying to remember --
the north parcel is the larger of the two, so I was wondering if we put the larger one at
the north end and the smaller one would be at the south end, I had one of those things
that didn't -- it didn't occur to me at the time, but that would be something that the
Council could consider as an option of which one goes where. It just occurred to me
that based on size and the size of the parcels, because one is 18,000 square feet and
the other parcel is 11,000 square feet, you want the larger one on the larger parcel I
would think, but --
Jensen: Right. And I would think that that would be something for the Council to take
into consideration.
Hoaglun: Okay.
De Weerd: Questions?
Rountree: I have none.
De Weerd: I guess the public vote is also in our paper and there were three different
ways of voting. You know, certainly I appreciate those that came down to City Hall to
place their vote and the popular vote also went the Delia's piece or her submittal and I
know that we did put it out there that this wasn't solely based on the public vote or public
opinion, but certainly from -- I think this is the third public art piece that the Meridian Arts
Commission and the city has considered and certainly the public's voice has been
important to it and usually when we consider a different alternative it's usually based on
a detail that's pretty critical. I think the first one was the artist was in jail and we couldn't
really check -- couldn't contract with him. But was there compelling reasons why the
popular vote and the selection committee's vote was not confirmed by the Meridian Arts
Commission?
Jensen: There were a few reasons. The Arts Commission also did have all of the
information of the public vote and took that into consideration. However, knowing from
the very beginning that the public vote would not be the only thing we would consider as
we made our decision, we did not feel that it was necessary to make that the singular
deciding factor. So, also it should be noted that -- and, I'm sorry, I don't have the
numbers in front of me, but I believe there was only a three percent difference between
Meridian City Council
July 16, 2013
Page 6 of 49
the two -- the J.C. Rench piece and the DeLapp piece as far as the popular vote. We
figured and felt as a Commission that because this wasn't a very scientific method we
used we had people come down and vote, you know, writing in a book. We also did
have an online vote. But we did not secure that to just the citizens of Meridian, we
allowed anyone to vote in that process. We also opened voting at our previous concert,
from the Concerts On Broadway series. So, without it being an exact science, we were
a little nervous about the numbers and there was only a three percent difference. So,
we considered that. both of those would have been easily as important to the public
based on those numbers. Also, the reason behind maybe going a different direction
from the selection panel for the Meridian Arts Commission was when we put out the call
-- the RFO to these artists we did not take consideration being able to split their
proposals. We did not have any information at the time of our meeting as to cost of
what splitting a proposal would look like and by splitting I mean commissioning one
piece from Delia DeLapp and one piece from the C.J. Rench and at the time of our
meeting we did not know what the cost of that would be. So, we decided to stick with
the proposals as originally stated to us for which we had the cost for and that was a
deciding -- another deciding factor as we came up with Under the Sun and Dreaming.
De Weerd: So, I did have a question in consideration for the modification that C.J.
Rench had selected or proposed to incorporate a second piece. Part of that was
removing the stainless steel and put in -- I can't remember how he framed it, but more of
the mill iron and his stainless steel was listed as his recycled material. So, then, would
his project even meet the criteria of using recycled material.
Jensen: When MAC voted on this recommendation we did not actually have that
information in front of us or that information from Mr. Rench. We voted on the single
Under The Sun and Dreaming piece as we knew it, as it had been proposed and as the
budget for that. So, I think we would need to look at that differently if there is going to
be a reconsidered idea if he is going to be able to continue with the proposed materials
and add the smaller piece as the second parcel. But what we did was vote solely on the
singular piece Under The Sun and Dreaming and as it stood in the proposal before us.
De Weerd: Okay. Again, any additional questions?
Bird: I have none.
Hoaglun: Madam Mayor, not from Mary, but I think Delia might have --might be coming
to the meeting tonight and I had some questions for her if that -- if that's appropriate at
this time.
De Weerd: I believe she is here. Delia, could we ask you to come up and entertain
some questions from Council.
Hoaglun: Thank you, Mary. And happy birthday.
Jensen: Thank you.
Meridian Cily Council
July 16, 2013
Page 7 of 49
Hoaglun: Do you have dinner plans for later? Okay. We will try to make this quick.
But thank you, Delia.
De Weerd: Delia, if you can state your name for the record.
DeLapp: I'm Delia DeLapp
De Weerd: Thank you.
Hoaglun: Hi, Delia. Thank you for being here tonight and the selection committee had
made the recommendation to have your large piece as moved forward to the Council
and also the Star of the West and I was just curious -- your budget and everything was
here and it showed both pieces 95,000. Of course we always have to look at the
bottom line and go, okay, there are costs involved, there is only so much money. If --
and Idon't know what the other Council Members think, but this is one that intrigues me,
because both are very difficult pieces, both are quality pieces, and I love your depiction
of family, because that really speaks to the heart of Meridian. What would the cost be if
you can tell me now or after your calculations for just the large piece?
DeLapp: It's rather difficult to say entirely, just based on, you know, the availability of
some of the recycled materials I'm going to be using on that piece. So, it is a little bit
difficult to bring that cost out, but I would imagine it's -- you know, I wouldn't want to
state exactly, but it would definitely be somewhere in the neighborhood -- at least I
wouldn't be above 60,000 I imagine to do that size, because I would be doing most of
the labor, you know, myself.
Hoaglun: And that was -- Madam Mayor and Delia, that was the larger piece, so that's
certainly more -- more time and effort.
DeLapp: Absolutely.
Hoaglun: As opposed to the smaller piece.
DeLapp: And I hope to get a lot of recycled material from the -- from the community,
you know, and, hopefully, that would offset some of the cost. Most of my labor would
certainly be -- I mean I want to do it so badly, so --
Hoaglun: I understand. And, also, Madam Mayor, to follow up, Delia, the location --
and, again, this is just pure speculation on my part. I'm just thinking if we were to go
with the recommendation of the selection committee, the -- I have to look here, I have to
make sure -- I think it's the north parcel at Fairview and Main would -- is the larger -- the
larger of the two. It is. And, then, the one down here at Main and Ada Street at the
crossover is 11,000 feet. Is that a preferable site for your piece? Is that -- the Fairview
and Main Street?
Meridian Cily Council
July 16, 2013
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DeLapp: The Fairview-Main Street was -- I had envisioned that to be a small piece,
actually, but -- but I think it would be lovely either place and certainly can be viewed at
all angles. So, you know, I tried to really think about how it would be viewed and, then,
how the traffic would flow, but certainly that would be your decision where those would
be located, but I tried to really consider the traffic flow and making sure that it was a
very beautiful piece at all angles where ever the traffic was.
Hoaglun: Madam Mayor, Delia, that's why I asked, because artists usually have a
vision in mind and I don't want to interrupt with my lack of training, but -- so, you were
building that one particularly for the cross-over at -- at Main Street and the cross-over,
then?
DeLapp: I think that's where I kind of thought -- I thought that was a larger piece of
property for that.
Hoaglun: Okay. Yeah. I mean that's 6,000 square feet difference.
DeLapp: And I could scale it, you know, and certainly I'm willing to do a new proposal
on the second piece to -- that would better fit the community desires as well. I'm open
to doing that, too, if that's a concern.
Hoaglun: Okay.
De Weerd: Councilman Hoaglun, I -- you mentioned that the family piece really
depicted the community and I heard that comment quite often and I think it's most
appropriate on the south side as well as people come into this community that they see
the family value and the energy and the joy and love that is depicted in -- in that piece of
art. Certainly when -- it was hard envisioning how that piece was going to look and
knowing Delia's art and I admire Delia as an artist, that -- and her use of copper and
enamel and -- you can almost envision it and it just makes me excited. So, I know that
the selection committee was looking for a compromise, because on the hands piece
people either loved it or they hated it and -- and I knew people representing both
spectrums and -- but they were looking to see if there was an opportunity perhaps to --
and Ithink -- actually, I think the recommendation was to choose Delia as the artist,
select the one large piece and if there was money left over we could purchase on a
separate process the C.J. Rench piece. So, anyway, I appreciate, Mary, you spending
your birthday here with us. I would have chosen something different for my birthday
wish, but -- and, Delia, I appreciate you being here and availing yourself to any
questions from Council. Anyone else have a question for the artist?
Bird: I don't
Rountree: Madam Mayor, I have not question, but I have a comment. I'm a little
hesitant that we move forward at this point in time. Having dealt with contractual
activities for a number of years I think we are borderline getting ourselves in a whole
bucket of worms with the way this is being handled. You can't have an applicant here
Meridian City Council
July 16, 2013
Page 9 of 49
speaking about the project without the opportunity of all the other applicants being here.
To me that's just not right. We have a recommendation from a commission that we
have all taken recommendations from for the past umpteen years about art in the city
and art in the City Hall. It's obvious from what's being spoken of -- at least there is --
and Iwill tell you right now I -- I have no strong feeling about any of these pieces in
particular. I have a particularly strong feeling about what's going on here. I'm a little
hesitant with what we have gotten ourselves into at this point, about any decision we
might make --
De Weerd: Well, Councilman Rountree --
Rountree: -- and I would like to have a discussion with legal counsel before we make a
decision on some of the things that have taken place that I'm hearing. But we have a --
we have heard of a recommendation from a selection committee. We have a
recommendation before us from the Arts Commission and we have dialogue going on
that is kind of something in the middle, a piece of this and a piece of that. We don't
contract with anybody else at the selection process to -- well, we want this half a
building and we want your half a building or we want your roof design and your look
design. We deal with who we select.
De Weerd: And I --
Rountree: And, then, have that dialogue. Not before you select
De Weerd: Mr. Rountree, I will tell you that our attorney at the selection committee said
exactly that and that's why the motion was to select Delia as the artist to contract with
and that to move forward with the southern piece, which was the family piece and that
some of the questions that were raised in that would be worked through with
negotiations. The second piece was -- was not desired and that would be part of the
negotiations and the committee also talked about if it was decided to go with the second
piece and the other two didn't even offer second pieces and I think there was concern
from our attorney as well that there was a submittal from one of the artists in the middle
of the public commenting that said he can change the materials to add a second piece.
So, if we want to talk about process three is several things that have happened from
both of those and I think that is why the attorney to -- in her comment to the selection
committee suggested to just offer the recommendation for Delia's art and with their
recommendation to move forward with just one of the pieces and certainly the
discussion thereafter was, then, perhaps a second piece could be purchased and that
would be a separate private contract.
Rountree: I don't buy any of that.
De Weerd: All I can tell you is what the --
Rountree: It doesn't pass the smell test with me
Meridian City Council
July 16, 2013
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Hoaglun: Madam Mayor and Councilman Rountree, being present at that meeting and
there was that discussion. It was rather unusual that you had submissions and there is
two -- whether it's the opinion of the people or the committee -- the commission or even
the Council there were two that rose above and there was concern that they were not
voting on -- and even the selection committee what the proposals were, but portions of
those proposals, the very thing that you bring up, and that was talked about as well how
do you create a path forward, because C.J. Rench did not have that smaller piece as
part of the original and that's the piece they liked and he made a submission of that as a
separate piece if the commission wanted. Ms. DeLapp's proposal was one that has
garnered a couple of votes and in fact it was -- for the selection committee it was a
couple of votes that they wanted to go with, but it was acknowledged that if they were to
do something like that it would be, as the Mayor said, to vote for Ms. DeLapp's main
piece and, then, do a commission on the other, because that was not part of the original
submission and so contractually, yeah, it does kind of make you scratch your head and
go is this really a way to do that. So, those are questions that were raised, so it did get
a little interesting at times.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council -- and, again, not to make it more
confusing, but I do have notes from Ms. Kane who was the counsel that normally serves
the Arts Commission and I guess there has been a lot of discussion and Iguess -- so,
that in moving forward, whatever your decision is, what Ms. Kane's notes indicate to me
is that the committee -- the selection panel, which was a subcommittee of the Arts
Commission, when they met on July 8th their recommendation was the larger of Ms.
DeLapp's piece, the family piece, be installed on the south parcel, but the smaller piece
not be installed, that the city approach Mr. Rench for the Star of the West sculpture, but
would be a commission piece, because it is as -- I think as Council Member Hoaglun
said, that wasn't part of the original proposal. So, their recommendation to the panel
was the larger of Ms. DeLapp's piece and, then, to commission a different piece. So,
not part of this offering initially, not part of this submittal as provided all of these artists,
but on July 11th the Arts Commission, after all of that discussion, made the
recommendation of Mr. Rench's larger piece for the large Under The Sun and Dreaming
piece and that's what they are recommending and they had, then, advised Mr. Rench of
that, that that be installed to the south parcel and that they would again just like to
discuss the commission on the secondary piece and that's when Mr. Rench provided
making some changes to materials for the pieces to make them both fit under the
amount that was budgeted initially. So, that was simply at the request of the
commission subsequent to their recommendation to -- that they commission his large
piece there, the Under the Sun and Dreaming piece for the south parcel. So, that's
what at least the notes indicate to me. That's the Arts Commission recommendation to
the Council. Now, maybe to answer Council Member Rountree's concern, I would
agree this is somewhat unusual and this isn't the normal course or process that we have
normally had in these kinds of things, but I think the way at least it's come out from the
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July 16, 2013
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commission -- and the commission ultimately is a recommending body. The
subcommittee recommends to the commission, the commission recommends to you.
You are not obligated to follow the commission, but I think, Councilman Rountree,
you're correct in saying if you don't wish to do that, then, you need to decide what's the
appropriate process to do it. Ultimately it's your decision as the Council what piece, if
any, you're willing to expend the public funds for or commission to get completed. If
you're not comfortable in saying, look, 1 don't -- to be frank, you're saying I don't really
like any of the way the recommendations are and you folks individually want to make a
choice, then, you need to decide, okay, do you want to go back and revisit these pieces
as ultimately the deciders as Council, you're certainly free to do that if you want to do
that. I know all of the artists have been advised that ultimately the Council is the
decision maker here, not the commission and not the members, but, really, you as a
Council. So, if you want a different process or additional process or the opportunity to
consider these pieces as a whole, you certainly have the freedom to do that. But I think
what Ms. Kane was trying to get to was we can't -- we can parcel these out, we just
have to do it in a pretty methodical way, which is what she tried to do in saying, look,
you can recommend this piece, you can recommend not that piece, you can, then, go
back and commission a different piece, but that's part of the negotiations as the Mayor
stated. So, we have tried to make it fit within the appropriate due process and, again, if
you're not comfortable with that we certainly can revisit that, too, so I don't know if I
have answered your question, but I was just trying to figure out from what Ms. Kane had
left me is what the recommendation that's in front of you tonight is for the Under The
Sun and Dreaming piece.
De Weerd: Well, Mr. Nary, I appreciate your summary, but one thing that was wrong is
Mr. Rench, per his June 18th a-mail, offered the second piece and modifying the first
piece, so they could afford the second piece. So, that wasn't after the discussion by the
commission.
Nary: Oh. Okay. And I don't have a date here, I just show that subsequently in the
narrative, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Now, Mrs. Jensen, that Art Commission recommends the C.J. Rench at the south;
right?
Jensen: Correct.
Bird: Okay. What of the north?
Jensen: When Mr. Rench proposed his piece it was a single piece. We knew that
going into that and he, then, offered other pieces that were possible for us to
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July 16, 2013
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commission at a later date if we wanted one. We have currently just recommended a
single piece for the south parcel.
Bird: Okay. And that's your recommendation to the City Council, am I not -- and
nothing for the north right now? How did that come in of being recommended now?
Hoaglun: Madam Mayor and -- if I might answer that. The selection committee -- the
Arts Commission set up a subcommittee, if you will, to review everything and --
Bird: And I understand that.
Hoaglun: -- move that and that was their proposal was to go with that piece -- Ms.
DeLapp's piece, but also they had access to this information and that that also be
included in the north parcel. So -- and that's how they came to that.
Bird: But the subcommittee that was got -- excuse me, Madam Mayor.
De Weerd: Uh-huh.
Bird: The subcommittee, as I understand it, that we formed was under the guidance of
the Meridian Art Commission; right? And they brought this recommendation to the Arts
Commission, but the Arts Commission recommended something different to us. I'm
almost like Councilman Rountree, I think we are getting into a can of worms that might
come back to bite us.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I'm thinking of maybe postponing this a week and I know it throws things --
the schedule off a little bit and I know Caleb is not here, so I don't see him cringing, but
we are a little behind anyway. I am just interested in seeing -- as Ms. DeLapp said, she
can't come up with exact figures and she's using recycled material, so it makes it
difficult to know exactly, but if we could have an estimate from her on her large family
piece as -- as one item and that way we would have a direct piece, I don't know, Bill, if
there is a way to make this an official consideration by the Council -- I mean it did go to
the Arts Commission and they were looking at this is the Star of the West, the smaller
piece that I could see going at the north end, but, you know, it may delay the decision to
have Ms. DeLapp provide that financials and bring it back next week, but --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I would recommend you not do that.
You haven't asked any of these artists to provide you financials of any of the pieces and
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July 16, 2013
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the third artist would certainly have the ability to say, well, you didn't ask me how much
mine is, I can tell you how much mine is, and now we are asking to parcel out Mr.
Rench's in two pieces. It wasn't part of the original submittal and so I would be hesitant
to now inject that into your decision as to what that is. I think as the Mayor stated, I
mean that's part of your negotiations. I mean you certainly can enter the negotiations
and deal with that, but you didn't ask any of them to submit that. So, then, to raise that
now as maybe potentially your decision point may be more problematic.
Hoaglun: Madam Mayor, Bill, that's why you sit down there is to keep us on the straight
and narrow, so --
De Weerd: And I think that was the reason the selection committee chose the family
piece and said if separate with any remaining funds you could look at --
Bird: Madam Mayor, I have got a question and I'm -- it's not fair, Bill -- it's not fair to her
if we are going to do this. She's already given us a price. But why if that -- I don't have
the paperwork you guys do, but I understand our north parcel is more square footage
than the south? Why are we putting something small like that up there. You have got
7,000 more square feet on the north.
Hoaglun: Madam Mayor and Councilman Bird, that was my question to Delia, because
you and I think the same way, oh, big piece, big parcel, but as she described, as I
listened to her, she had the viewing in mind and how people see it with the cross-over
street, it does -- it's a large parcel, 11,000 square feet, so it does fit, it's not going to be
oversized and it was her view, as the Mayor expressed also, as a cross-over and
entryway, it's the family depiction, so that's -- I got that, so --
Bird: And, Madam Mayor, I don't disagree with you at all, but why not on the north end
put the larger part -- the larger piece down there. Why not put something that was
originally shown. I mean this thing was bought on after this red deal. I don't believe I
seen it out here in the public --
De Weerd: It's right there.
Bird: I seen it here, but I don't think it was out there at that time
De Weerd: But no price was on it.
Nary: Yeah, it's always been out there.
Bird: I mean that's something that's going to be absolutely ask for the deal, but I would
-- I don't think we are real clear of what we are getting and what we really want.
Hoaglun: Well, Madam Mayor, I will try something here just so we can start down the
path of resolution.
Meridian City Council
July 16, 2013
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De Weerd: Okay.
Hoaglun: But let me give it a try. I move that we select the major piece -- the larger
piece, the family structure of Delia DeLapp's to be placed on the south end of town and
that we, then, look at commissioning a piece through a process to be determined for the
north end of town.
De Weerd: Well, I have a motion. Do I have a second?
Zaremba: Second.
De Weerd: Okay. Discussion?
Hoaglun: Madam Mayor, as I mentioned earlier, I like the piece -- the family depiction.
To me that's central to Meridian. It's in a good location. I do like both pieces of art.
They are totally different and having art that's diverse in our community is great. But,
again, that would have to be something that we would have to do separately for that
north end and that might mean an open process. I mean if Ms. DeLapp wants to come
back and propose something for that, I think that's fine, but -- and I don't know how this
vote will turn out, but my motion is to put it on -- that one piece on the south end of town
and, hopefully, there is money left over in the budget to do something on the north end
of town, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: For discussion -- and I agree, I love this piece. I think it's a beautiful one. I mean
it's -- but here we went through a process, we said we will have this committee select
this and we looked -- the Arts Commission and they will bring a recommendation. Why
did we even go through the Arts Commission? I mean this -- that's the only thing I -- I
mean that would be my selection, to be truthful with you, of all of them right there.
Hoaglun: Well, Councilman Bird, you're encouraging planning staff of going, yeah, wait
a minute how come we got overturned now when the --
De Weerd: That's why you get paid the big bucks.
Bird: That's a little different.
De Weerd: Mr. Bird, you haven't always gone with recommendations from our
commissions, but, you know, we have the public vote, the local public vote, we have the
selection committee vote and we have our local artist and to me those are three
compelling reasons that make me comfortable seeing this move forward however you
all determine to move forward, but there was a process and we asked the public, the
public voiced in. There was five percent difference in between C.J. Rench and Ms.
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July 16, 2013
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DeLapp and, then, the selection committee voiced in and those two votes were the
same. The Commission had some different discussion and chose a different route and
now it's in your decision making realm.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I will not be supporting the motion -- I won't be supporting any motion with
respect to this project, because I think we have such a convoluted process that we are
going through that our exposure is too great for me to be comfortable with it.
De Weerd: And, Mr. Rountree, I -- I don't think that we have the kind of exposure that I
think you're concerned with, but I do agree that we do need to come up with a different
process and I almost cringed when staff mentioned the selection for the interchange
process and I definitely have talked with Caleb about the process in that. So, we need
to formalize a process and we certainly need our legal staff to help work with what that
process would look like. I do think we are -- Ms. Kane, who is a real stickler for process
did feel comfortable -- maybe a little bit moment of discomfort, but she felt comfortable
with both the -- the route of the selection committee and MAC.
Hoaglun: Madam Mayor, just to comment --
De Weerd: Mr. Hoaglun.
Hoaglun: -- further on that, you know, that old adage about there is two things you
never want to see being made that's sausage and laws and I think we can probably add
a third and that's selection of public art. It can be very difficult. And Councilman
Rountree -- if I might, Madam Mayor, just to address -- that's why I limited my motion to
one proposal that was part of the three and not going beyond that, because I do see
your concern and in the process, so that -- that does make it difficult. I don't know how
else to move forward and I'm open to suggestions, but if there is another path that we
could take to make this work, but I think by keeping within that constraint and if
someone wants to make a motion for another piece of art, that's certainly a substitute
motion that could be on the table and -- but that's what I thought I'd throw out there to
get this process started.
Rountree: Madam Mayor. My comment is still true that I would not support any motion
on this particular item, so -- well, (would -- not any positive one.
De Weerd: Mr. Zaremba, do you have any comments?
Zaremba: Well, you certainly don't want my artistic opinion. That's not valuable.
Actually, I seconded the motion just so we would have the discussion. My solution I
think would be to start the process over. I, as I say, am not commenting artistically, but
we do need to keep our public processes in order and I'm not saying that those who
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July 16, 2013
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submitted before couldn't submit again, but I wouldn't mind if there were some
additional submissions as well if we did it again.
De Weerd: Well, Mr. Zaremba, I will say this is the second time we have done this. The
first time we went out we sought public comment and, then, the selection committee and
MAC made a recommendation to City Council to start over again. We have gone
through expense on both of these processes. Ithink that I -- we have a valuable piece
of art that reflects our community very nicely with the family piece and we have had the
public comment and I don't know short of making sure that we have a different process
that we may not be in the same position like we were this first process. This is process
number two. So, I guess I will ask for the vote and we will see what direction all of you
take. Madam Clerk.
Roll Call: Bird, nay; Rountree, nay; Zaremba, nay; Hoaglun, yea.
MOTION FAILED: ONE AYE. THREE NAYS.
De Weerd: Okay. So, Council, I guess what is your pleasure and --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If I could speak. Ithink we have got some beautiful art here and I don't want to
see us go through the process again. I wish it would have been put off a week and
maybe we couldn't negotiate something out. I don't know why we can't sit down -- the
Arts Commission can't sit down and figure out -- we need one on the north, we need
one on the south. We got some beautiful -- we got some beautiful in my opinion and I'm
not an artists by a long shot. We have two beautiful deals back here that would look
nice one on the south, one on the north. Let's see if we can't work something out. I
don't want to go through the process again and I don't think any of the people on the
Arts Commission, yourself, or anybody else wants to go through it. Let's see if we can't
get it figured out and get it done right and bring it back next week and get it going.
Pretty soon we will have deals on here and ten years from now we will still be waiting to
put a heart on it.
De Weerd: Well, Ithink -- Mr. Bird, I think the motion offered that very same route.
Bird: No, it didn't.
De Weerd: There is two --apiece for the south and to -- the process out for the north.
Mr. Nary, what are our options at this point?
Nary: Madam Mayor, Members of that Council, so you can -- you can always set it
over. You could ask the Arts Commission to have a special meeting to have this
discussion. Ithink part of the problem -- and, again, I -- it's not a part of your decision
Meridian City Council
July 16, 2013
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point. Part of the problem I think the Arts Commission face is they have a limit budget
and the budget right now that has been set aside for this art piece -- art pieces for this
offering at the moment doesn't appear that it can absorb the cost of two large pieces
and that's I think part of their concern has been is it doesn't fit in what was designed.
That doesn't mean it can't or if the Council is willing to send it back to the commission
for further discussion they can look at that. They may have to come back to you and
whether the Council is comfortable in them coming back to you with a budget
amendment or a budget enhancement -- or budget amendment for FY-14 it says if you
want both pieces it will cost X, instead of what was originally proposed. They can do
that. So, your options are to send it back to the Arts Commission for them to meet and
discuss it with the artist, again, under the criteria that's already existing to see whether
or not an alternative of some sort can be negotiated with them. If not, then, it really is,
again, up to the Council on whether you wish to, again, accept the recommendation of
the commission or not, whether to move forward with what -- basically what's been
proposed or not. You could certainly propose less than what has been offered. So, if
what you have done is, for example, has been discussed a number of times, you have
an offering of these three pieces and the DeLapp piece has two pieces with it that both
the committee and the commission has only recommended moving forward with one of
them. You certainly have the ability to do that. You have the ability to move forward
with one -- there has only been one piece offered by Mr. Rench. So, you only can move
forward either yea or nay on that. Again, what I think Ms. Kane has been saying is if
you want to commission another piece you can do that. There isn't a budget set up for
that. There isn't anything that's been structured to do that, but -- so, your option is move
forward, if you need some time to think about it you can certainly set it over. If you
would like the commission to either hold a special meeting -- their meeting I can't
remember, Ms. Jensen, is it the second Wednesday?
Jensen: The second Thursday.
Nary: Second Thursday in August, which is a number of weeks out. But even if they
have a special meeting, Council, you only meet next week and, then, you don't meet for
two weeks. So, you won't have a regular meeting of the Council until the 13th of August
anyway. So, if you want to put it on their regular meeting or ask them to have a special
meeting again -- I don't know what the scheduling is like for their commission, they
could either bring it back to you on the 13th of August or it bring back to you after their
normal meeting, which will, then, be the 20th of August and, then, we would be bringing
that here -- is the meeting before the 20th? I guess I'm trying to count in my head.
Yeah. I think it was. So, you could ask them to have this conversation back and
consider whether that's an option on whether or not, again, there is a request for
additional funding to do that. If the desire is two large pieces that may be the only way
to get that, so --
Hoaglun: Madam Mayor and Bill, I have a question. Can we send it back to them with
recommendations that they -- here is what I'm thinking. They have gone through two
processes. They have spent money out of their budget to do this and to avoid further
expense -- it's clear there are two artists that rose to the top to both processes. I mean
Meridian City Council
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that was clear. That we looked at the proposal from Ms. DeLapp for the south and they
look at a proposal from C.J. Rench for the north and to see what modifications the artist
might make to meet budget or bring their proposals forward and if they are a little bit
over, then, it's incumbent upon us to see if there is money somewhere, but just to limit
the review and I wouldn't mind if, Mary, you weighed in on this, if you want to have --
say, okay, here is your parameters or do you just want to start over. I look at it from
time and money and by having the parameters it does limit it and, like I said, I thought
two artists clearly rose to the top that do quality work and there is interest in both, so --
Nary: Madam Mayor, Members of the Council, the only thing I would add to Council
Member Hoaglun -- you could certainly do that. The only thing I would add to that is
what you would probably be directing the commission is that you still would want the
piece to be substantially the same to be fair to the process. I mean it would be unfair to
bring a completely different piece than what you have already seen. Now, it may be a
change of material and I think the Mayor raised a valid question, does it still comply with
the requirements if you change the materials too greatly. If you change it in size that
may not be as great a change and it may impact the cost, but it may not be a substantial
change. I mean making them smaller may not be that substantial, so -- from an artistic
standpoint. So, as long as it's primarily, you know, essentially the same piece, but
maybe slight variation to fit within the budget, I think you certainly can -- can ask them to
consider that and the artist is free to say they don't wish to do that and what they have
submitted is within the scope and requirements and I think, again, that's what Council
Member Rountree's concerns are if that's what they submitted, but recognizing the
public art pieces, you're always free to reject them completely as well, so --
Hoaglun: And, Madam Mayor and Bill, that was my intent that they be substantially the
same, because that's -- that's what we see and understood and people have voted on,
but there may have to be some modifications to change the cost structure to see if we
could -- we could do that within our budget. And maybe they can't, but that's something
that the Arts Commission would have to ask and, Madam Mayor, if we could hear from
Mary just to see if she had any thoughts on that, if you want to throw it wide open or do
you want to --
Jensen: Councilman Hoaglun, Madam Mayor, I believe that the Arts Commission
functions better with parameters. We are -- most of us are artists and can create lots of
other ideas very efficiently and effectively, but if we have parameters and guidance from
you I think we would be most appreciative of that.
Hoaglun: And, Madam Mayor, we can structure it in such a way that this is our
preference, but being an Arts Commission you guys could say, you know what, we want
to make it wide open. I mean. as Council we say, oh, that was your recommendation,
but we want to do this. Yeah. Turn about is fair play. I mean you could say, you know
what, we got parameters to look at this, but I don't know on something like this, Bill, how
-- if it's law, if it's not city ordinance, it's just a recommendation that you look at using
these two pieces of Delia DeLapp's and C.J. Rench's as moving forward, but seeing
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what can be done for modifications to keep them, essentially, true to what they are, but
yet fit to the budget and site.
Nary: Madam Mayor -- Madam Mayor, Members of the Council, I mean I think that's
reasonable from a process standpoint only because although there is an amount that
was budgeted and there was an amount that was the target that these artists were at
least advised of. We also know that in the process many times, the contracting
process, some of that is going to slide a small amount and so, again, as you stated,
Council Member Hoaglun, I mean if the direction to the Arts Commission is, you know,
we would like to consider that, is that a possibility, can you as the commission discuss
that and if there is a slight variation in the budget we would consider it, you're not
necessarily committed to approving that. It wouldn't be any different than if you were
negotiating with any artist, whether it's Ms. DeLapp or Mr. Rench or any of them, and
they had a commissioned piece at 95,000 dollars and it came in because of a material
change and cost change and time is certainly a factor and it comes in at 104, you
wouldn't necessarily say you're out the door and we are not going to consider you any
longer, you would have to ponder whether or not to consider the amendment. I don't
think that's any different than what you're asking today is go back and consider this
possibility and if there is a change to the budget we would consider that. I think that's
reasonable.
Hoaglun: And, Madam Mayor, I want to check with Councilman Rountree -- are we still
respecting the process? I mean that -- I take your comments to heart. I mean we -- we
want to make sure we are not doing damage to this or future items.
Rountree: My basic concern goes back to what the request for proposal was and what
we received and now in effect what I see has gone on is either bid shopping or price
shopping and that's just plain wrong and I know Mr. Bird down there if he had done that
in his business he wouldn't have been in business. If I would have done that in the
business I was in I would probably be in jail. So, that's my concern. And if the process
can go back to we have received the pieces, we have selected three for consideration,
that's all clean. But once that selection committee started chopping and slicing and
dicing and asking for prices and -- it went out the window in my mind. If it could go back
there to the selection committee, we have got three pieces, we asked for a piece, I
believe, for the south, not two. The second one was an option if you wanted to submit
it. But a piece for the south. If the selection committee wants to select a piece for
south, not make contact with the artist, not find out prices -- if pricing was an issue it
should have been in the request for proposal and if it was in the request for proposal,
then, prices should have been provided. I don't know if that's the case. Okay. But the
next step is that that committee -- subcommittee -- and I think a committee structure in
the future needs to be changed, but if that committee makes a recommendation to the
Arts Commission, then, the Arts Commission makes an unclouded and unsolicited and
unmanipulated recommendation, then, that's before Council and, then, we can make a
clean decision, but to me it's been so muddy up right now I can't do it. Can it be
resurrected? I don't know. That's a discussion I would have to have with Mr. Nary. If it
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can -- I'm okay going back to -- we have got three and, then, moving forward again with
a clean process.
De Weerd: I think that's all clear as mud in how to move forward. Council, why don't
we have our legal counsel come back to you next week with a recommendation and so
it's not off the spur of the moment and come back and make a recommendation. The
recommendation will be next week and we will ask for decision the second week of
August how do you want to proceed. I guess next week we can bring those options, if it
needs to go back to MAC or the selection committee or what have you.
Rountree: We can do that next week I would hope.
De Weerd: Yes. Yes.
Rountree: Okay.
De Weerd: Okay. So, this will be on the agenda next week for discussion as to the
process and when it will come back to you for a final vote. Okay? Okay. Thank you
and happy birthday. This was a great start, right?
Rountree: She won't come back.
Item 8: Action Items
A. Continued from July 2, 2013: FP 13-020 Reflection Ridge
Subdivision No. 1 by Chris Todd, T-O Engineers Located West
Side of S. Locust Grove Road and South Side of the
Ridenbaugh Canal, North of E. Amity Road Request: Final Plat
Approval Consisting of 61 Single-Family Residential Building
Lots and Ten (10) Common/Other Lots on 24.87 Acres of Land
in the R-8 Zoning District
De Weerd: Okay. Item 8-A is continued from July 2nd on FP 13-020. I will ask for staff
comments at this time.
Watters: Thank you, Madam Mayor, Members of the Council. The application before
you is a request for a final plat. This site consists of 24.87 acres of land. It's currently
zoned R-8 and is located on the west side of South Locust Grove Road, approximately
quarter mile north of East Amity. The applicant requests approval of final plat for the
first phase of development of Reflection Ridge Subdivision the proposed plat is shown
here in your lower right-hand corner. It consists of 61 single family residential building
lots and ten other lots, common lots, on 24.7 acres of land. Amenities proposed in this
phase are a half basketball court, volleyball court, gazebo, and benches. These
amenities were originally shown with the preliminary plat on this large common area
next to Locust Grove. The applicant has requested approval to relocate those
amenities central to the development on this lot you see right here where my pointer is
Meridian City Council
July 16, 2013
Page 21 of 49
at. Staff has no problem with that request. Access is proposed via South Locust Grove
Road with an emergency access to be provided from the west via Rumple Lane to
South Meridian Road, State Highway 69. Since approval of the preliminary plat in 2008
the topography of the site has changed significantly due to grading on the site and the
final plat depicts a significant slope at the rear of the northern lots in Blocks 4 and 5.
You can see this block here and this block here. The slope is included in the building
lots, but a maintenance easement will be provided for common maintenance, so that the
area is all maintained in the same manner. The northerly lots lie at the bottom of the
slope. Fencing for these lots will be constructed on the rear property line at the top of
the slope. The proposed layout of the final plat is consistent with the approved
preliminary plat. However, instead of providing private streets for access to alley loaded
lots right down here, this was required to be private here and also here. Public alleys
are now proposed. The primary reason private streets were required was for
addressing purposes. The applicant has submitted an addressing plan that proposes to
address the homes that front on the MEW lots from East Wrightwood Drive, which is the
main entry road into the development here. The lots that front on public streets would
be addressed off those streets. The fire and police department, along with Teri Ricks,
the city's addressing specialist, have approved this plan. There has been no written
testimony on this application. Outstanding issue for City Council. The proposed final
plat is not in compliance with the condition of approval of the preliminary plat that
requires private streets to be provided for the alley loaded lots. Therefore, staff is
recommending denial of the proposed final plate. However, staff does want to note
again that the primary reason private streets were required is for addressing purposes
and it appears the applicant has provided an alternative means of addressing these lots
that meet the approval of the fire and police departments for emergency response.
Staff will stand for any questions Council may have.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'm concerned about the -- it appears to have addressed. Has it or has it
not? And I don't know whether you can answer that or Chief Amenn can answer that.
Watters: Madam Mayor, Councilman Rountree, Councilmen, the police department and
fire department have both submitted written comments to the clerk's office stating that
they are in agreement with the proposed plan.
Rountree: Thank you.
Zaremba: Madam Mayor?
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July 16, 2013
Page 22 of 49
De Weerd: Mr. Zaremba.
Zaremba: The term public alleys actually is a new one to me. Has that been run by
Ada County Highway District? Are they prepared to take on public alleys?
Wafters: Madam Mayor, Councilman Zaremba, Councilmen, alleys are always public.
They are not private. So, yes, they are prepared to take that on.
Zaremba: All right.
De Weerd: Any other questions from Council?
Rountree: I have none.
De Weerd: Any comment from the applicant? If you will, please, state your name and
address for the record.
Todd: My name is Cliff Todd with Toothman Orton Engineering.
De Weerd: Thank you, Cliff.
Todd: Madam Mayor, Members of the Council, thanks for having me here this evening.
I'm here on behalf of Mission Coast Properties that are here with us and Toothman
Orton. We are excited to be with you. This is our final plat. There were a couple of
minor issues that we were working with staff, as well as other departments on making
sure that everybody was in coordination with the plat that we had going through about
changing the private to a public alley. I'm here to answer any questions, as well as our
principal engineer John Carpenter of our office. Some of the main issues that we had to
deal with that were maintenance of those alleyways, the drainage that was coming off of
those alleyways and, then, working with the fire department, the police department,
ACHD, Public Works. We got all that hammered out, otherwise, we would have seen
you a few weeks ago. So, we are excited to bring those forward. As for those MEW
lots that they were taking about on the north slope, in the packet that Sonya put forth in
front of you tonight there is an exhibit that kind of shows the difference between the
MEW lots and the lots that will be backing up to a common -- almost like a common
area, maintenance area, that would be maintained by the homeowners association, so
that there is some continuity in the design, the landscaping, the upkeep of it, and we
don't have to -- we make sure that every neighbor's kind of area that's behind them is
well taken care of. We believe that there is a demand for home lots like this. The MEW
lots appeal to a lot of people, but also the lots that are considered almost like a patio
home, they are going to have a lot of privacy coming off of there. We will work through
with the Public Works Department and the concern with drainage and different things
like that, but preliminary we know we have gone through the initial headwork of it and
now it's just ironing out the details, but we stand here today to ask for any questions that
you may have to get this put forward and I just want to take my presentation from 50
minutes that I timed earlier and take it down to that. That's a joke, actually.
Meridian Cily Council
July 16, 2013
Page 23 of 49
De Weerd: So, usually we hear that from -- any questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: The areas other than the -- well, I guess even included the common area
between the lots that are shaded on this particular illustration -- and I don't know if you
can see it or not, but that -- is that just -- is that all common area and that's all going to
be maintained by homeowners association?
Todd: Yes. That is -- it's amaintenance -- or a landscape easement. The lot itself for
the home buyer will include that amount of land, but there will be a note on the plat
where that land will be maintained by the homeowners association and I'm talking about
the shaded area on the entryway off of Locust Grove, those large lots there.
Todd: Oh, I'm sorry.
Rountree: Are those to remain as community -- a community lot or community lots?
Todd: Yes. The common area that has remained in the front off of Locust Grove, the
main reason, Councilman, that we moved those to the west of the development was,
number one, there was a lack of parking options for the lot size that's coming on there
because of the Ridenbaugh Canal and the development that will be going into the
south. But also safety in getting there as a community and entity, by locating those in
the heart of the community it gives a focal point to the folks that are going to be living
there that this is their community center that feel safe and don't have to worry about
their kids going to a major collector and, you know, ball going out in the street, that type
of thing.
Rountree: Thank you.
De Weerd: Any additional questions from Council? Okay. Thank you
Todd: Thank you.
De Weerd: Anything further from staff?
Watters: No, Madam Mayor.
De Weerd: Okay. Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
July 16, 2013
Page 24 of 49
Rountree: I move that we approve Item 8-A, final plat for 13-020, Reflection Ridge, and
with the inclusion of public alleys, as opposed to private drives.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion from Council? Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing: VAC 13-002 Accolade (aka Gramercy) by Field
at Gramercy, LLC Located South of E. Overland Road and
West of S. Bonito Way, Between E. Blue Horizon Drive and the
Ridenbaugh Canal Request: Vacate the Following Easements:
1) A Portion of the 10-Foot Wide PUDI and Landscape
Easement Along the South Boundary of Lots 2 and 3, Block 7;
2) City of Meridian Water and Sewer Easements Along the
North Boundary of Lots 1, 2 and 3, Block 7 Platted with
Gramercy Subdivision; AND 3) a 25-Foot Wide Emergency
Vehicle Access Easement Along the Shared Lot Lines of Lot 2
and 3, Block 7 Recorded as Instrument #108013634
C. Public Hearing: MDA 13-012 Accolade by Fields at Gramercy,
LLC Located South of E. Overland Road and West of S. Bonito
Way Between E. Blue Horizon Drive and the Ridenbaugh Canal
Request: Amend the Accolade Development Agreement
(Instrument #112107771) to Reduce the Required Number of
Carports
De Weerd: Okay. Item 8-B is a public hearing on VAC 13-002 and public hearing MDA
13-012 on Item 8-C. I will ask for staff comments as I open these two public hearings.
Parsons: Thank you, Madam Mayor, Members of the Council. The next two items on
the agenda -- that first item is actually the vacation and it's for 11.23 acres parcels on
R-40 currently. If you recall this property was recently approved fora 276 unit multi-
family development. It's located centrally within the Gramercy development and it's
located south of Overland Road just west of South Bonito Way and currently has been
approved for that multi-family development and it is currently under development at this
time as well. Here are the easements that were created with the subdivision prior to the
multi-family development approval. Along East Blue Horizon Drive there were some
public utility easements, sewer and water easements created to serve at that time
Meridian City Council
July i6, 2013
Page 25 of 49
commercial lots and, then, along that shared boundary there was a potential public
utility and drainage easement that also was to serve the commercial lots as well. As I
mentioned to you, because multi-family is now proposed, these easements are no
longer necessary and the property has now since been rezoned to that R-40
designation to make way for that multi-family development. At the time that this was
proposed the fire department had concern with the access points to the residential
portion of the Gramercy development and at that point they requested that an
emergency access be granted along the shared lot lines between Lot 2, Block 7, to
serve as a secondary emergency access. With the approval of the multi-family
development that access issue was approved and taken care of. You can see here
along the south -- southern portion of that multi-family development is the approved
secondary access point and also with the development of the multi-family there will be
two curb cuts to East Blue Horizon Drive. This is the main entrance here and this was
approved as a private street with the final plat and this will be a right-in, right-out with
the multi-family development. The left hand exhibit here that I have highlighted for you
showed that easement that will provide that connection be through the development
and, then, of course, with the recordation of the final plat the easement -- creating
easement for the sewer main and the water mains and those access easements and
the emergency access will be created with that. Both -- all of the utility providers have
consented to the parcel along these easements. Public Works has granted their
approval of this relinquishment of these easements as well and, of course, with the
review of the development the fire department has consented to and approved the
secondary emergency access plan as well. If I can move forward to the MDA, the
applicant is essentially -- again this was approved under the new parking standards in
the code. At this time that this came before you there was a requirement for every two
and three bedroom unit there would be two covered parking stalls. The parking plan
that's before you now and approved with the development shows 414 covered parking
stalls. Those were approved with a mixture of garages, as well as covered carports.
The applicant has submitted a revised plan that shows the reduction to the carports, the
number of garage structures will remain the same at 138 stalls. Really, the major
difference between the two plans is the reduction in carports. At the bottom of this
exhibit is the proposed DA modification that I'm proposing to you this evening. When
this came through there were 39 carport structures shown on the concept plan -- or the
site plan. The plan before you this evening depicts 21 carport structures. It is the
applicant's intention to come back in with a CU mod -- minor CU modification and, of
course, receive approval from our revised site plan that will depict parking consistent
with the new parking ordinance. So, right now the plan that I have mentioned to you is
the way it's tied and approved now currently there is 484 parking stalls, but the amount
of covered parking stalls is 414. If Council approves the amendment this evening the
site would be allowed to develop with 276 covered parking stalls. However, there still
will have to be a minimum of 484 parking stalls developed on the site. To keep it very
simple, that's why staff basically -- rather that changing a lot of modifications in the DA it
was simply easier just to reduce the number of carports when they come with the
revised site plan and the CU mod staff will insure that that adequate number of covered
parking stalls are consistent with code. Staff did not receive any written testimony on
either application. I have a written confirmation from the applicant, a verbal confirmation
Meridian City Council
July 16, 2013
Page 26 of 49
from the applicant, they are in agreement with the staff report and they realize that no
occupancy for the structures will be issued until, one, the vacation process is completed
and the DA is amended and they receive approval of the revised site plan. This
concludes staffs presentation and I would stand for any questions you may have.
De Weerd: Thank you, Bill. Any questions from Council?
Bird: I have none, Mayor.
De Weerd: Okay. Does the applicant have any comment? Okay. This is a public
hearing. Is there any member of our public who would like to provide comment on
either of these two public hearings items? Okay. Hopefully we didn't wear you all out
with our arts conversation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing none, I move we close the public hearing on VAC 13-002 and MDA 13-
012.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-A -- I'm
sorry --Band C. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 13-002 and to include all staff comments and applicant's
agreement with staff comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from
Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
July 16, 2013
Page 27 of 49
De Weerd: Item 8-C.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MDA 13-012 and include all staff comments and applicant's
agreement with staff comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion
from Council. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Public Hearing: CPAM 12-007 Woodburn West Subdivision by
Northside Management Located North of W. Ustick Road,
Approximately 1/4 Mile East of N. Linder Road Request:
Amend the Future Land Use Map Contained in the
Comprehensive Plan to Change the Land Use Designation on
6.8 +/- Acres of Land from Mixed Use-Community (MU-C) with
a Neighborhood Center (N.C.) Overlay to MDR (Medium
Density Residential)
E. Public Hearing: AZ 13-003 Woodburn West Subdivision by
Northside Management Located North of W. Ustick Road,
Approximately 1/4 Mile East of N. Linder Road Request:
Annexation and Zoning of 25.8 Acres of Land with an R-8
Zoning District
F. Public Hearing: PP 13-007 Woodburn West Subdivision by
Northside Management Located North of W. Ustick Road,
Approximately 1/4 Mile East of N. Linder Road Request:
Preliminary Plat Approval Consisting of 99 Single-Family
Residential Building Lots and 16 CommonlOther Lots on 25.75
Acres of Land in a Proposed R-8 Zoning District
De Weerd: Items 8-D, E and F are public hearing on CPAM 12-007, AZ 13-003 and PP
113-007. I will open these three public hearings with staff comments.
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July 16, 2013
Page 28 of 49
Wafters: Thank you, Madam Mayor, Members of the Council. The next applications
before you are a request for a Comprehensive Map amendment, an annexation and
zoning, and preliminary plat request. I would like to note that I did revise the
recommendations from the Commission today. You should have a hard copy in front of
you. They do include elevations that were approved by the Commission at the hearing
and a revision to Condition No. 2.1 in Exhibit B. There was acondition -- portion of the
condition left in there that was not accurate that staff removed and this site consists of
25.75 acres of land. It's currently zoned RUT in Ada county and is located north of
West Ustick Road, approximately a quarter mile east of North Linder Road. The
applicant proposes to amend the future land use map contained in the Comprehensive
Plan to change the land use designation on 6.8 acres of land from mixed use
community with a neighborhood center overlay to medium density residential as shown
here on the map in front of you. Annexation and zoning of 25.8 acres of land with an
R-8 zoning district is requested consistent with the existing and proposed future land
use map designation of medium density residential for this property. A preliminary plat
consisting of 99 new single family residential building lots, two lots for the existing
homes, and 14 common lot is proposed and is proposed to develop in three phases. A
total of 3.91 acres or 15.2 percent of the site is proposed for open space. Site
amenities are proposed as follows: Pathways throughout the site connecting to open
space areas, adjacent developments, and through a linear open space along the White
Drain at the west boundary of the site. An additional five percent open space above the
required amount. A tot lot. A picnic table. Barbecue. Bench. A gazebo and large
common open space area for sports. Conceptual building elevations for the future
homes in the development were submitted with the application have since been revised.
The original plans only show the front elevations and no floor plans were submitted.
Staff was unable to determine the quality of development, for example if there was
modulation in the wall plains, floor plans, and roof lines. If the quality of design and
detail was present on all facades. If there was adequate windows on all elevations to
provide articulation and avoid blank walls. If there was a variety of materials and color
changes for variety and interest on all facades and et cetera. Because of the
appearance of a lack of quality in the proposed structures staff recommended in the
staff report that the proposed annexation and consequently the proposed comp plan
amendment and plat be denied and staff did not feel it was in the city's best interest to
annex the property at this time. Since the staff report was written the applicant has
submitted revised photo elevations that you see here and I will just scroll through them
real quick here. And floor plans and footprints that demonstrate modulation and site
elevations that address -- excuse me -- address staff concerns and they did meet the
approval of the Commission. The Commission did recommend approval of the subject
applications before you. Scott Noriyuki testified in favor of the applications at the
Commission hearing. No one testified in opposition. Joe Palmaris, Alicia Lees, Rick
Wagner representing Alice Saline all commented on the application and written
testimony was received from Rick Wagner, again, representing Alice Saline, Norm
Brown, Scott Noriyuki and there was a petition signed by residents of Woodburn and
Sienna Creek Subdivisions. Key issues of discussion by the Commission was a
recommendation to Ada County Highway District of stop signs for traffic calming in
adjacent Woodburn Subdivision and quality and design of future structures on the site.
Meridian City Council
July 16, 2013
Page 29 of 49
Commission changes to the staff recommendation. The first one is that the applicant's
commitment to the Commission recommended masonry accents be applied to 50
percent of the available wall length and at a minimum height of 48 inches on the front
fagades, excluding the garage door openings. This has been included as development
agreement provision 1.1.H in Exhibit B. Secondly, the Commission recommended that
building lots abutting common open space provide for additional articulation, windows,
colors, banding, material changes, for example, stone or other appropriate material to
provide interest on the rear elevations consistent with the front elevations. And that
change was noted in development agreement provision 1.11 in Exhibit B. The only
outstanding issue for City Council -- the applicant requests a waiver to UDC 11-3A-3 for
the Saline property, which is on Lot 6, Block 7, and it's -- you can see my arrow here on
the overhead. This is the Saline property. They want to retain their access to Ustick
Road until such time as the property redevelops. If Council approves this waiver
condition 1.1 F should be stricken. Written testimony since the Commission hearing was
received from Scott Noriyuki, the applicant, in agreement with the staff report. Staff will
stand for any questions Council may have.
De Weerd: Thank you, Sonya. Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: Briefly, Sonya, I don't think the White Drain, in my recollection -- I just want to
be sure -- that's not large enough for a pathway, there is no pathway along the White
Drain; is that right?
Watters: Madam Mayor, Councilman Hoaglun, there is a pathway right here.
Hoaglun: Okay.
Watters: Along the drain.
Hoaglun: I couldn't remember if the White Drain was one of the bigger ones or one of
the smaller ones, so -- okay.
Watters: The applicant can address how large the facility is.
Hoaglun: Okay. Thank you.
Watters: They proposed the pathway and common area there in the linear open space
with amenities.
Zaremba: Madam Mayor?
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JWy 16, 2013
Page 30 of 49
De Weerd: Mr. Zaremba.
Zaremba: Somewhere in that neighborhood -- and I'm not absolutely certain it's on this
property -- but there is a cell phone tower or a radio tower of some sort and there are
requirements for development around those. Is that on this property or is that west of
this property?
Watters: Madam Mayor, Councilman Zaremba, Council, it is located right here, if you
see my arrow. It is on the Saline property and it does meet our UDC standards so far
as cell towers go, separation and fall zone and all that.
Zaremba: Fall zone and all that.
Watters: Uh-huh. Yes.
Zaremba: Thank you.
De Weerd: Okay. Any other questions? Would the applicant like to comment?
Noriyuki: Madam Mayor, Council, Scott Noriyuki, Northside Management, 6810 Fairhill
Drive, Boise, Idaho.
De Weerd: Thank you, Scott.
Noriyuki: First of all, I want to try to address just the handful of questions that we had.
You are correct there is a cell tower. We have designed all of the buildable lots, as well
as public right of way in response to the updated current cell tower code. Great
question, by the way. The White Drain -- we are making that focal area as far as
pathways. If you look at the site layout that we have right now I'm going to have several
more south, east, west pathway open space opportunities. They are ultimately going to
connect Ustick at such point in the Saline property, other southern parcels, proceed with
the development, as well as the northern parcel and eastern parcel ultimately to the
school. So now children are not going to have to be going up and down Linder, if you
will, so I think it's very positive and it's just turned out to be a wonderful project so far
from a design standpoint. With respect to the elevations, that has been the most
arduous process thus far with this project. We have put a tremendous amount of effort
into it and we have stepped up our standardized product, if you will, not only from a
foundation footprint standpoint modulation, but also to blend the materials, the different
color schemes, what have you, and we are committed to those. We also recognize and
we are committed to insuring that that side elevations that are adjacent to common
open space areas do have that additional touch, if you will, to make sure they are
attractive. With that said I will stand for any questions.
De Weerd: Any questions from Council?
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July i6, 2013
Page 31 of 49
Bird: I have none.
De Weerd: Thank you, Scott.
Noriyuki: Thank you.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on any of these three items? Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Sonya, do you have an aerial of this that you can show?
Watters: Yes, Councilman Rountree. Right there.
Rountree: Well, that's real helpful.
Watters: Is there something specific you're wanting to know?
Rountree: I'd like to see the relationship between the existing properties and the
proposed plat.
Watters: The Saline property is right here. There is an existing home on this. There is
also an existing home with Richards, I believe, that are right here.
Rountree: The question is on that particular dwelling, will that have access out of the
subdivision or will they retain access on Ustick?
Watters: The Richard property?
Rountree: Yes.
Watters: They do have an access easement across the Cooper property, which is
Cooper Lane. It's aprivate -- private lane here. They will retain that until such time as
the property redevelops. But they have no frontage, obviously, on Ustick Road.
Rountree: And the zoning to the north, is that R-8 or -- yes, it is.
Watters: This is R-8. This is R-4.
Rountree: Okay. Thank you.
De Weerd: Okay. Any other questions from Council?
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July 16, 2013
Page 32 of 49
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question for Sonya. On the Saline property, my recollection is as I drive by
there that that is currently a residence in use; is that correct?
Watters: Madam Mayor and Councilman Hoaglun, yes, it is a residence in use. The
cell tower company also access their tower through the Saline property.
Hoaglun: But in the future, if we were to waive this requirement and, then, the property
develops, they would -- they will be provided access to the cell tower through the
internal part of the subdivision?
Watters: Yes. There is a stub street provided to the Saline property here. This road
will probably eventually extend down to Ustick, but it will likely be shared with the
adjacent property to the west.
Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: I would move that we close the public hearing on CPAM 12-007 on AZ 13-
003 and PP 13-007.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-D, E,
and F. All those in favor say aye. Did I hear all ayes? Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I was going to make a motion. I want to make sure for the 1.1 F, that should
be done as part of the annexation, Sonya? The waiver of condition 1.1 F for the Saline
-- access for the Saline property?
Watters: I'm sorry, I'm not sure if I understood your question, Councilman Hoaglun.
Hoaglun: For that waiver we have got three --
Watters: You need to strike that provision. Yes.
Meridian City Council
July 16, 2013
Page 33 of 49
Hoaglun: At which -- which one? At the annexation or the preliminary plat?
Watters: 1.1 F. That --
Bird: The annexation.
Watters: -- that goes with the annexation.
Hoaglun: Annexation?
Watters: Yeah.
Hoaglun: Just wanted to double-check on it. Thank you.
Watters: Yes.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move we approve CPA 12-007 with all staff and applicant comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-D. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Item 8-E.
Hoaglun: It was all ayes, Madam Mayor. Correct?
De Weerd: Yes.
Hoaglun; Okay. Madam Mayor, I move approval of AZ 13-003 and that condition 1.1F
be stricken until such time as the property redevelops.
Bird: Second.
De Weerd: I have a motion and a second to --
Hoaglun: And, Madam Mayor, if I might add, to also include all staff and applicant
comments.
Meridian City Council
July 16, 2013
Page 34 of 49
De Weerd: Thank you.
Bird: Second agrees.
De Weerd: Okay. Any discussion on this item?
Rountree: I have none.
De Weerd: Madam Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of PP 13-007, including all staff and applicant comments,
including the Commission recommendations of DA provision number 1.1H -- point H
and also including DA provision 1.1.1 to be included.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-F. Any discussion on this
item? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
G. Public Hearing: RZ 13-004 Valenti Rezone by Jeanne Valenti
Located Northwest Corner of N. Meridian Road and W.
Washington Street Request: Rezone of 0.34 of an Acre from
the R-4 (Medium-Low-Density Residential) Zoning District to
the O-T (Old Town) Zoning District
De Weerd: Item 8-G is a public hearing on RZ 13-004. I will open this public hearing
with staff comments.
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July 16, 2013
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Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the Valenti rezone. The property is situated on the northwest corner of North
Meridian Road and West Washington Street. It's currently developed with a single
family home at this time. Surrounding the subject property is a mix of residential zones
and Old Town zones. The applicant is here this evening to request a rezone of 0.34
acres of land currently zoned R-4 to the requested Old Town zone. The requested Old
Town zoning is consistent with the comp plan designation of this property, which is also
Old Town. You can see here in the aerial that the property at one time did have two
single family homes on it. This back property or back structure has been removed from
the property. At this time the property owner has no development plans for the
property, however, with the submission of the rezone application the applicant did
submit a concept plan. The primary purpose of this concept plan is really to depict
future parking in the back if it were ever to be converted from a residential structure to a
commercial business it's the intent that the parking would be along the back off of West
Washington Street or via the alleyway that's behind there as well. Planning and Zoning
Commission did recommend approval to you of the application. I would also mention to
you that staff -- both staff and the Commission are not recommending a development
agreement with the rezone request. A couple of primary reasons for it. One is it's a
small parcel and it's currently developed with a principally permitted use, so single
family homes are allowed to remain in the Old Town zone, so there is no zoning
discrepancy here and, then, two, if there is a change of use the applicant would have to
come back and apply for that change of use with the planning division. So, we feel very
confident, even though the zoning is changing, that would spur redevelopment of this
site when that roadway opens up, we can get folks there, get the visibility opened up.
The property owner just, basically, wants to market this as a mixed use property or a
potential for that in the future when Meridian Road is complete. Speaking in favor at the
Commission hearing we had Richard Gray, who is the applicant's representative. No
one testified in opposition and no one commented. There were no key items of
discussion and to staffs knowledge there aren't any outstanding issues for you at this
time and I would stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Rountree: I have none.
Bird: I have none.
De Weerd: Is the applicant here? Would you care to make comment? You don't have
to. We won't make you. The applicant is here for any questions, Council, that you may
have.
Bird: I have none.
Rountree: I have none.
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July 16, 2013
Page 36 of 49
De Weerd: I think it's pretty straight forward. Okay. This is a public hearing. Is there
anyone who would like a provide comment on this item? Anything further from staff?
Parsons: No, ma'am.
De Weerd: Thank you, Bill. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing none, I move we close the public hearing on RZ 13-004.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-G. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 13-004 and include all staff comments and let it be shown
that the applicant agrees.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-G. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
H. Public Hearing: AZ 13-005 Paramount Northeast Subdivision
by Brighton Development, Inc. Located Southwest Corner of
Chinden Boulevard and N. Meridian Road Request: Annexation
and Zoning of 54.89 Acres of Land with C-C (17.68 Acres); TN-
C (31.27 Acres) and R-8 (5.74 Acres) Zoning Districts Approved
I. Public Hearing: PP 13-008 Paramount Northeast Subdivision
by Brighton Development, Inc. Located South of Chinden
Boulevard on the West Side of N. Meridian Road Request:
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July 16, 2013
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Preliminary Plat Approval Consisting of 79 Single-Family
Residential Building Lots and Four (4) Common/Other Lots on
27.23 Acres of Land in th R-8 Zoning District
De Weerd: Item 8-H and I are public hearings for AZ 13-005 and PP 13-008. I will
open these two public hearings with staff comments.
Wafters: Madam Mayor, Members of the Council, the first request is an annexation and
zoning with a preliminary plat. This site is located at the southwest corner of Chinden
Boulevard and North Meridian Road. A little history on this site. A portion that is
proposed to be platted was annexed in 2003. That's the colored portion here. The
remainder is proposed to be annexed with this application. That's the white area.
The portion that was previously annexed was included in the original preliminary plat for
Paramount as one large lot for future single family residential lots. The applicant is now
applying to annex and zone a total of 53.57 acres of land with an R-8 designation, which
consists of 5.74 acres and C-C zoning, which consists of 16.55 acres and TN-C zoning,
which consists of 31.27 acres. The proposed zoning is consistent with the
corresponding future land use map designation of mixed use community and medium
density residential. A conceptual development plan is not proposed, but there is
application for the annexation areas. Prior to consideration of any commercial
development proposals on the portion of this site proposed to be annexed, the
developer must amend the existing development agreement for Paramount to include a
conceptual development plan that includes a circulation plan for the area proposed to
be annexed with C-C and TN-C zoning. With this amendment the provision --
provisions in Exhibit B, number 1.1.1 should be added to the development agreement.
A preliminary plat is also proposed that consists of 79 building lots and four common
area lots on 27.23 acres of land in the R-8 zoning district. Access is proposed on the
plat via Director Street from North Meridian Road. A stub street is proposed to the west
to extend through Paramount Subdivision 22 through Fox Run Way, which connects to
Chinden to the north. The plat is proposed to be developed in two phases. A total of
3.11 acres or 11.44 percent of the site of open space is proposed consisting of
landscaped parkways and common lots. A ten foot wide multi-use pathway is proposed
as amenities along the north side of Director Street. This is Director Street right here.
Building elevations have been submitted for the future homes in this development as
shown, consistent with existing homes in Paramount Subdivision. The Knight Lateral
crosses the southwest corner of this site and is proposed to be relocated along the
southern boundary. The North Slough crosses the northeast corner of the site. Both of
these waterways are required to be piped. The Commission recommended approval of
the subject applications. Mike Wardle testified in favor at the Commission hearing. No
one testified in opposition or commented. Written testimony was received from Mike
Wardle. Key Commission changes to the staff recommendation. There was only one, a
modification to condition number 1.1.1 to require the existing development agreement to
be modified prior to consideration of any commercial development proposals, rather
than prior to annexation ordinance approval as was originally written in the staff report.
There are no outstanding issues for Council and there has been no written testimony
since the Commission hearing. Staff will stand for any questions Council may have.
Meridian City Council
July 16, 2013
Page 38 of 49
De Weerd: Thank you. Council, any questions? Mr. Zaremba.
Zaremba: Madam Mayor. Let's see. Would you show probably the overall -- I don't
know if it's the site plan -- yes. That one. With the cursor would you indicate what the
C-C portion is? I'm guessing it's the square closest to the corner of Chinden and
Meridian.
Wafters: I don't have an exhibit here, so give me one moment.
Zaremba: I see Mr. Wardle heading this way. He may have my answer for me.
Watters: See if I can drag this over here where you can see it. So, if you can see
where my pointer is -- this is C-C.
Zaremba: Okay.
Watters: This is C-C. TN-C and R-8. The R-8 portion is part of the preliminary plat.
Zaremba: Thank you.
De Weerd: Okay. Would the applicant like to provide comment?
Wardle: Madam Mayor, Members of the Council, Mike Wardle, Brighton Corporation,
12601 West Explorer Drive in Boise. We have no issues to address on this, so I wanted
to take the opportunity to bring you up to date on the status of the project and, then,
perhaps answer questions that you might have concerning the specific applications.
Sonya has brought up a very brief PowerPoint that -- can we go to the -- there you go.
Get it up big. This first slide simply was provided to the planning commission to show
the most recent actions by the city with regard to platting. You will see three areas
designated 21, 22 and 23. Twenty-one and 22 have been completed. Twenty-three
was approved last month by the Council and we have -- just wanted to show the
location of the blue dots are the location. of the swimming pools and so in the third -- or
the phase 23 that will be constructed in the next few months that will kind of balance out
the community facilities for the project, because we find that the two that are existing
are well utilized. The red star is the preliminary plat that's part of this particular
application. Now, if I push the -- okay. The next slide is -- is the same graphic, but it
shows the red line is where the annexation boundary was in 2003 and the area that
Sonya has noted that is south of that was designated for -- as R-8 for residential
purposes in the future, but none of those areas for the 21, 22 and, then, what may
become 24 with this current plat, were ever detailed and so that's the process we have
been through in the last year or so. I would also just note for your information that in the
southwest corner you will see the name Walgreens down there at the bottom. The final
plat for the last parcel in that project actually is coming before the Council shortly. It's a
single lot. The application has been submitted by another developer for amulti-family
project on that corner. So, with the annexation of these parcels -- let me go to the next
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July 16, 2013
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that shows, again, everything in the red was originally annexed. These parcels coming
in now represent all of the properties that Brighton has in that particular section and I
would just go back for a second. One of the reasons for the change that I will show in
two slides hence for the R-8 zone modification that's slightly out of balance with this
particular line, when this was annexed originally that north boundary was actually the
designation for a major roadway connection across to Meridian Road. You will note that
just immediately across Meridian Road a subdivision has actually been developed since
that put a principal intersection too far south for us to match it and so turning -- and if
you're just looking now easterly toward Meridian Road you will see that intersection for
that particular development that hits right at about where the North Slough crosses
Meridian Road and, then, heads northwesterly. Plus the other principal intersection
from the Catholic church to the north and so as we worked with ACHD on the matter we
basically moved our intersection to right in the middle of those two, so that there was
not a short conflict. We just could not align with either one. And that has been
approved by ACHD. So, this particular slide, then, shows that R-8 zone and that area
has been brought into the originally annexed and zoned R-8 parcel, because of that
roadway alignment change. In the future we will be back with -- with more detail with
regard to the C-C and the TN-C zoning. We just are not at that point, but we concluded
that it didn't make any sense to annex and zone about five acres when we could go
ahead and bring all 55 in at this point. So, if you have questions would be happy to
respond to them.
De Weerd: Thank you, Mike. Council, any questions?
Bird: I have none.
Hoaglun: No questions, Madam Mayor. Just a comment. I'm glad those blue dots or
red stars weren't public art pieces, so --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Now that residential is moving towards Chinden or will be as you proceed
with this, assuming our actions are positive tonight and Idon't -- and I have not been
through your sub when you get this close to a major arterial and commercial, but it
would be nice for us in the future and for you in the future that you put signs out there
that this is future commercial or mixed use, so the people who will be buying in this area
will at least be able to be told you drove by the sign every day that told you it was
coming, so you know where we are going to be if you're still doing this when you have a
commercial development going in.
Wardle: Madam Mayor, Councilman Rountree, good --good counsel.
Rountree: But -- and I think you do that, but I just wanted to --
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July 16, 2013
Page 40 of 49
Wardle: I suspect so, but I don't pay much attention to those details
De Weerd: Well -- and I think what we learned from the square mile to the west of you
is we hope that master planning of this community and since it's kind of under one
developer is on people's maps that they have when they look at their lot as well is they
have a vision of the whole thing and that that is detailed on there.
Wardle: Madam Mayor, the -- this particular graphic is the one -- and, of course, it will
be updated as we bring some of these other facilities forward, but this is the graphic
that's provided to everybody. It's also on our website, so that it does give people a
broader picture. But clearly we have not yet come up with the concepts specific to that
C-C and the TN-C zone. We just know that there is some interest out there in some
other types of mixed product.
De Weerd: Any further questions or comments?
Bird: I have none.
De Weerd: Okay.
Wardle: Thank you, Madam Mayor.
De Weerd: Thank you, Mike. This is a public hearing. Is there anyone who would like
to provide questions on this item or testimony?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on AZ 13-005 and PP 13-008.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-H and I.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 13-005 and include all staff and applicant comments.
Rountree: Second.
Meridian City Council
July 16, 2013
Page 41 of 49
De Weerd: I have a motion and a second to approve Items 8-H. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 13-008 and include all staff and applicant comments.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 8-I. Is there any questions
from the Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Department Reports
A. Police Department: Budget Amendment for Spending
Authority for FY2013 and FY2014 Idaho Transportation
Department (ITD) Alive at 25 Grant for the Not-to-Exceed
Amount of $69,675.00
De Weerd: Item 9-A under Department Reports is our police department. I will turn this
over to Sergeant Gonzales. Good evening.
Gonzales: Good evening. How are you?
De Weerd: Very good.
Gonzales: Madam Mayor, Council, I appreciate the opportunity to come before you to
request spending authority related to the reimbursement funding from the Idaho
Transportation Department Office of Highway Safety in regards to the Alive At 25
program. Just a quick note about Alive At 25. We are quickly approaching 1,500
participants in the program here in Meridian since we started in November of 2010. In
2012 we had close to 800 students come through Alive At 25 representing about one-
Meridian Cily Council
July 16, 2013
Page 42 of 49
third of all of Idaho participants came through Meridian. So, we thought that was a
pretty good effort. We have a goal of a thousand participants this year and we are on
track with 630 already. So, I think we are doing pretty good. We know that vehicle
crashes are the number one killer of young people and as a result we want to eliminate
these tragic events in our community with our young people. As we all know, our
community is not exempt from these tragic events. In fiscal year 2013 and fiscal year
2014 we have the opportunity to be a pilot location to create a youth safety coalition
here in Meridian. The Office of Highway Safety will provide us funding if we are given
this spending authority to be able to start a youth safety coalition here in Meridian. We
have to organize with like minded people organizations, businesses, and schools and
be able to work on youth safety topics. Of course we will work closely with MYAC,
knowing that it is important to have a youth voice in anything that we want to do as far
as change. So, I'm here to request spending authority for the amount of 69,675 dollars,
which includes a city match of 7,875 dollars.
De Weerd: Thank you, Sergeant Gonzales. And I know I mentioned it during our
budget discussions your national award. Certainly you have exhibited your compassion
and passion for -- for this particular topic and you have taken it beyond just Alive At 70
--Alive At 75.
Bird: Yeah
De Weerd: Yeah, that is. That's a long term vision. Alive At 25 with the Safe At
Summer series at some of our high schools to bring awareness to the most dangerous
days of summer and also you're currently utilizing our youth in really a unique way, but I
would love it if you could just take a moment and explain this prior to any questions that
Council might have.
Gonzales: I believe you're talking, Madam Mayor, about the Teen RSA. The Teen
Road Safety Advocates. What we have started to do -- and this is another program
where Meridian has been selected from a variety of places to be a pilot location for
nationwide, the National Organization of Youth Safety has asked us to be a pilot
location where we take our young people out to a roadway and begin to evaluate the
roadway about concerns that they might have or things that they might see about a
particular stretch of road and in this we bring individuals from Ada County Highway
District, Idaho Transportation Department, and bring anyone that is -- as far as youth
that is interested in learning and helping us evaluate these roadways and we think it's
important to get a different perspective on the roadways and how we can address safety
and at the same time be able to not only see the youth perspective, but also to be able
to let them give us some feedback about things that they see that we may have missed.
So, we are very fortunate to be able to do that with our young people and to have been
asked to be one of several locations nationwide that's doing this.
De Weerd: Well -- and if -- I got this from Ken that in a 20 minute period your
observation team of teens observed just on the corner of Locust Grove and Overland
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July 16, 2013
Page 43 of 49
with aright-hand turning motion, 85 people who did not have their seatbelts on -- was it
20 that were texting while driving?
Gonzales: Let me see if I can consult my notes here real quick.
De Weerd: But it was pretty profound and including these teens in these observations --
you can't teach this kind of stuff, but by observing it it makes them even more aware
and astute to the issues that are facing us on our roadways.
Gonzales: Right. The real value exists on two different levels. One is the roadway as
it's presented to drivers. Also driver behavior, things that drivers are doing as they are
driving. In that 20 minute time frame we saw -- what the young people have counted
was five people texting on the phone. There was 23 -- correction -- 33 people that were
on the phone, 35 people without seatbelts. Several what people might call California
stops. A lot of people speeding through the yellow light or people not using the
crosswalk, even though the crosswalk was available to them.
De Weerd: I will have to get after Ken for exaggerating. But I think this is an important
exercise and, again, the whole reason I went down this side road is Sergeant Gonzales
is very passionate about this and is being a huge role model to our youth in allowing
them these opportunities and engaging them into these opportunities to be part of a
solution and certainly in south Meridian there is a heightened awareness to it because
of the deaths that we have had at Mountain View High School and the tragedies that
they had just within a year's period of time. So, anyway, Council, any questions
regarding this item in front of you?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I echo the Mayor's words. Sergeant Gonzales, you guys -- you have really taken
this and led it. So, I'm glad to ask for the approval of spending authority for FY-2013
and FY-2014, the Idaho Transportation Department Alive At 25 grant, for not to exceed
amount of 69,675 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Any discussion from
Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
July 16, 2013
Page 44 of 49
B. Police Department: Budget Amendment for Spending
Authority for FY2013 Idaho Transportation Department (ITD)
Traffic Grant for the Not-to-Exceed Amount of $39,000.00
De Weerd: Item 9-B is also under our Police Department and Sergeant Gonzales
Gonzales: Thank you, Madam Mayor and Council. This year is -- the request for
spending authority in reference to mobilization funds that is awarded to us for our efforts
during various traffic mobilizations through the Office of Highway Safety as well. These
come as funds of overtime funding and also the incentive equipment funding. So, I will
make a projection at the beginning of the fiscal year, see how much we believe we can
participate in these mobilizations and we are awarded money that we could work
towards. In this request we have for equipment incentive funds of 23,000 and overtime
16,000, for a total of -- a requested spending authority for a total of 39,000. That's
dollars. Sorry.
De Weerd: Council, any questions?
Bird: I have none. Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the budget amendment for spending authority for FY-2013, for
a traffic grant for a not to exceed amount of 39,000 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Community Development: Discussion of Timeline and
Proposed Amendments of the Idaho State Plumbing Code
De Weerd: Thank you, sergeant. Item 9-C is under our Community Development
Department.
Chatterton: Madam Mayor, Council Members, we are happy to be kicking off the
process of adopting the Idaho State Plumbing Code, along with some very interesting
and from my perspective at least and the perspective of some of our customers, some
welcomed local amendments to the overall plumbing code. We get a lot of complaints
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July 16, 2013
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about -- from customers about a number of features, especially from small business
customers about some of the features of the current plumbing code that we have
adopted. Some of the amendments -- the local amendments that we are proposing
here will give some welcome relief and should help us in our relationship I think with our
small business customers and make it easier to open a small business. Let me just go
through this very quickly. Under the current code many commercial projects are
required to put in two restrooms, a his and hers restrooms. That's the current code.
Under this change occupancies of 50 or less will be allowed to provide just one uni-sex
restroom. Drinking fountains also are required for a lot of commercial projects. This is
one we get a lot of complaints about. Under this amendment drinking fountains will not
be required for occupancies of 30 or less. Also many commercial projects are required
to put in service sinks or janitor sinks and under this change service sinks would not be
required of occupancies of 30 or less. So, in moving to adopt the -- I think this is a
process for the adoption of the overall 2009 plumbing code and some amendments, our
ordinance requires that we send the ordinance and notice of our intent to adopt it to 12
different associations and organizations. Now, those include the BCA, the
Homebuilders -- in fact, Brent Bjornson presented to the BCA this afternoon this idea. I
haven't heard anything. I have no knowledge -- I can't imagine that there would have
been a problem with that, but I'm not aware of that. The Associated General
Contractors and the Idaho Association of Realtors. The timeline. August 27th for the
first reading. And, please, note that the draft ordinance that you have in your packets
references August 20th, not August 27th. We will correct that. August 27th for the first
reading. And, then, a final effective date, if we go through the process of September
16th. So, happy to answer any questions.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bruce, on your -- getting this out to the master plumbers and all them guys, we
are getting to now?
Chatterton: Yes.
Bird: Okay. Appreciate that.
Chatterton: Madam Mayor, Council Member Bird, yes, we are including all of those
associations. Yes.
Bird: Okay. I thought we -- when you said 12 I thought you probably were.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
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July 16, 2013
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Rountree: Bruce, in the solicitation for comment are we encouraging input on other
potential amendments that might make the code more workable for Meridian or are we
just offering those that we think might be appropriate amendments?
Chatterton: Madam Mayor, Council Member Rountree, my understanding is that in all
of the discussions we have had so far with the various trade associations, including the
BCA today, that the approach is very open ended.
Rountree: Okay.
Chatterton: What do you think. This is our best shot at it. What do you think.
Rountree: Okay. Not that we would necessarily adopt them all, but at least we are --
Bird: Yeah.
Rountree: Okay. Good.
Bird: Thanks, Bruce.
De Weerd: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I'm not looking at the wording right now, but I would suggest that it be
phrased as a minimum allowing people to do more than that if they want to. In other
words -- I don't even know how to explain the -- well, the point, but the wording should
say you have at least this or this is -- this is a minimum, but enable somebody to put in
more if they want.
Chatterton: Yes. And, Madam Mayor and Council Member Zaremba, yes, actually, the
code language reads exactly in that way. So, if the merchant is -- someone putting a
commercial business and a mercantile occupancy, for instance, wants to do his and her
restrooms, they are free to do that, janitor sink, and any of that. They are free to do
that. It would not prohibit that.
Zaremba Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I believe all codes is minimum requirements. They can do whatever they want as
far as maximum.
Meridian City Council
July 16, 2013
Page 47 of 49
Chatterton: I believe that's correct, yes.
De Weerd: Anything further? Okay. Council, what is your pleasure?
Hoaglun: Madam Mayor, I'm good with these changes. I think they are --the industry is
going to be very favorable to them. Some of them -- I know the drinking fountain one
just has a lot of people flummoxed still, so I think we should move this forward.
De Weerd: Okay.
Bird: Second.
Rountree: I agree with that and consider others as they are appropriate.
De Weerd: So, we will bring this back in ordinance form. Mr. Nary?
Nary: Madam Mayor, Members of the Council, yes, once the process has been
created, then, we will bring it back as --that the statute requires.
De Weerd: Which is -- what kind of time frame are we looking at, Bruce?
Chatterton: We are looking at the first reading August 27th and, then, subsequent
readings -- second reading September 3rd, third reading September 10th, final effective
date -- again if all goes swimmingly -- September 16th.
De Weerd: Swimmingly.
Chatterton: We are talking about plumbing, aren't we?
Zaremba: People use that, don't they.
Item 10: Future Meeting Topics
De Weerd: Okay. Very good. Council, under Item 10, under future meeting topics,
although this is not necessarily a future meeting topic, it is a topic all the same to
mention to that our MYAC, the Mayor's Youth Advisory Council, did submit a video for a
competition, it's called Above The Influence and there are 56 entries throughout the
nation in total and so I think that we have a chance to win, but I will be asking you for
your help in sharing a link that we will a-mail out to you and get as many people as
possible to vote on them. The voting ends on August 9th. It's via Facebook in -- well,
it's -- we are getting it out via Facebook and Twitter, but we would appreciate your help
in getting the word out there to support our youth that submitted this video for this
competition.
Bird: Let's get it signed, so we can get it out to our people
Meridian City Council
July 16, 2013
Page 48 of 49
De Weerd: Absolutely we will. Council, any other items for consideration under future
meeting topics?
Bird: I have none.
Holman: Madam Mayor?
De Weerd: Madam Clerk.
Holman: Actually, I have two items. One of them is we don't meet for two weeks. The
next meeting is a workshop. I wanted to ask if you were all in support of being able to
put a couple of final plats, notice them, or do a transmittal for that date. More than likely
on the Consent Agenda, but it could happen that they end up on the regular agenda for
the workshop. We don't normally do that, but since we are not meeting for two weeks I
wanted to see if we could move forward with doing that for the 13th meeting.
Bird: I'm open to that.
Zaremba: That's okay by me.
Holman: Okay. And, secondly, normally for public hearing -- for the budget hearing we
would have met at 6:00 o'clock at the pre-Council. Now that we meet at 6:00 o'clock do
you want to just meet -- start it at 6:00 for the budget hearing on the 20th?
De Weerd: I would think so. I mean earlier than that it makes it difficult for the public to
attend.
Holman: Okay. Thank you.
Item 11: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To
Consider and Advise Its Legal Representatives in Pending Litigation
De Weerd: Okay. Item 11 is an Executive Council. I would entertain a motion to
adjourn into Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you, please call roll.
Meridian City Council
July 16, 2013
Page 49 of 49
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoa lun, ea.
9 Y
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (8:12 p.m. to 9:16 p.m.)
Rountree: I move to adjourn from Executive Session.
Zaremba: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: ALL AYES.
Rountree: Move to adjourn the meeting.
Bird: Second.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 9:16 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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