HomeMy WebLinkAbout2013-07-23E I~IAN%--~ CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, July 23, 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 Tim Pusey with Valley Shepherd Church of the
Nazarene
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg 2-4)
A. Approve Minutes of July 2, 2013 City Council Regular Meeting
B. Approve Minutes of July 9, 2013 City Council Workshop Meeting
C. Change Order NO. 4 to Task Order #10264 for NPDES Permit Strategy and
Technical Assistance with HDR Engineering, Inc. (Master Agreement Dated
12-6-2011) for aNot-to-Exceed Amount of $60,000.00
D. Water and Sewer Main Easement for Villas at Lochsa Falls Phase 2
E. Sewer Main Easement for Villas at Lochsa Falls Phase 2
F. Water and Sewer Main Easement for Isola Creek LLC
G. Contract Extension for Professional Service Agreement with Sullivan
Reberger for State Government Affairs to Include 2014 Legislative Session
& Fiscal Year 2014
H. Resolution No. 13-931: A Resolution Authoring the City Clerk to Destroy
Certain Semi-Permanent and Temporary Records of the Meridian Police
Department
Meridian City Council Meeting Agenda -Tuesday, July 23, 2013 Page 1 of 5
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.
I. Development Agreement for Approval: MDA 13-010 Paramount
Subdivision by Brighton Development, Inc. Located South of W. Chinden
Boulevard, Between N. Meridian Road and N. Linder Road Request: Amend
the Development Agreement to Delete the Number of Lots, Dwelling Units
and Square Footages Allowed to Develop on the Site and Replace with the
Types of Uses Approved on the Site
J. Findings of Fact, Conclusions of Law for Approval: 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
K. Findings of Fact, Conclusions of Law for Approval: 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
L. Findings of Fact, Conclusions of Law for Approval: 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
M. Findings of Fact, Conclusions of Law for Approval: 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
the R-8 Zoning District
N. Final Order for Approval: 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
O. FP 13-032 Paramount Commercial Southwest Subdivision No. 3 by
Brighton Investments Located Near the Northeast Corner of W. McMillan
Road and N. Linder Road Request: Final Plat Approval Consisting of One
(1) Building Lot on Approximately 6.84 Acres of Land in a C-G Zoning
District
Meridian City Council Meeting Agenda -Tuesday, July 23, 2013 Page 2 of 5
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.
P. FP 13-030 Reflection Ridge Subdivision No. 2 by Chist Todd, T-O Engineers
Located West of S. Locust Grove Road and North of E. Amity Road
Request: Final Plat Approval Consisting of Twelve (12) Building Lots and
Two (2) Common /Other Lots on 5.41 Acres of Land in an R-8 Zoning
District
Q. FP 13-031 Fall Creek Subdivision No. 1 by Coleman Homes, LLC Located
West Side of S. Stoddard Road and North of W. Victory Road Request:
Final Plat Approval Consisting of 93 Single-Family Residential Building
Lots and 13 Common/Other Lots on 39.67 Acres of Land in an R-8 Zoning
District
6. Community Items/Presentations
A. Adoption of the Tentative Fiscal Year 2014 Budget in the Amount of
$89,285,963.00 Approved (Pg 5)
B. Approval of the Amended Revenues and Expenditures for Fiscal Year 2013
in the Amount of $82,872,394.00 Approved (Pg 5-6)
C. Hometown Hero Award Presented to Hannah Mayfield, Nathan Howell, and
Amy Sorensen for the Silverleaf Pool Incident (Pg 6-7 and 9-10)
D. Meridian Split Corridor II Public Art Project Discussion Motion Approved to
Remand Back to the Arts Commission (Pg 7-9) (Pg 10-14)
7. Items Moved From Consent Agenda None
8. Action Items
A. Public Hearing: Community Development Block Grant (CDBG) 2013 Action
Plan (Pg 14-16)
B. Resolution No. 13-932: Resolution Adopting the Community Development
Block Grant (CDBG)Program Year 2013 (PY2013) Action Plan Approved (Pg
16-17)
C. FP 13-028 Heron Ridge Estates Subdivision by Mason & Stanfield, Inc.
Located North of Chinden Boulevard, South of the Phyllis Canal and
Approximately a 1/2 Mile East of N. Black Cat Road Request: Final Plat
Approval Consisting of Ten (10) Single Family Residential Lots and Four (4)
Common Lots on Approximately Six (6) Acres in an R-2 Zoning District
Approved (Pg 17-18)
D. Public Hearing: VAR 13-003 Plovanich by John Plovanich Located at 983 E.
Tuweep Street Request: Variance to UDC 11-2A-3D.3, Which Prohibits
Meridian City Council Meeting Agenda -Tuesday, July 23, 2013 Page 3 of 5
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.
Accessory Structures From Encroaching into the Required Side Yard
Approved (Pg 18-26) (Pg 34-35)
E. Public Hearing: MDA 13-011 Touchstone Place by Iron Mountain Real
Estate, Inc. Located South Side of E. Fairview Avenue and West of N.
Stonehenge Way Request: Modify Certain Provisions Approved with the
Recorded Development Agreement (Instrument #106187189) Approved (Pg
26-33)
F. Public Hearing: PP 13-009 Touchstone Place by Iron Mountain Real Estate,
Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge
Way Request: Preliminary Plat Approval Consisting of Sixteen (16) Multi-
Family Lots and Six (6) Common Lots on Approximately 4.38 Acres in an
Existing R-15 Zoning District Approved (Pg 26-33)
G. Public Hearing: CUP 13-003 Touchstone Place by Iron Mountain Real
Estate, Inc. Located South Side of E. Fairview Avenue and West of N.
Stonehenge Way Request: Conditional Use Permit Approval for Sixty-Four
(64) Multi-Family Dwelling Units in an Existing R-15 Zoning District
Approved (Pg 26-33)
9. Department Reports
A. Mayor's Office: Appointment of Charlie Rountree to the Ada County Air
Quality Board Approved (Pg 35-36)
B. Community Development: Meridian Road Interchange Design and Aesthetic
Elements Motion Approved to Proceed (Pg 36-50)
C. City Clerk: Discussion on Phase II of the Records Retention Schedule
Update (Pg 50-52)
D. Resolution No. 13-933: Adopting the City of Meridian Records Retention
Schedule Approved (Pg 52-53)
E. Amended onto the agenda: Update from Mayor and City Council
Compensation Committee (Pg 53-55)
10. Ordinances
A. Ordinance No. 13-1566: An Ordinance of the City of Meridian Establishing
"Gene Kleiner Day" as an Annual City of Meridian Citizen Recognition Day
Approved (Pg 55-57)
11. Future Meeting Topics
Meridian City Council Meeting Agenda -Tuesday, July 23, 2013 Page 4 of 5
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.
Adjourned at 8:49 p.m. (Pg 57)
Meridian City Council Meeting Agenda -Tuesday, July 23, 2013 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council July 23, 2013
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July
23, 2013, by Council President Brad Hoaglun.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David
Zaremba, and Keith Bird.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Sonya
Wafters, Brian McClure, Clint Dolsby, Jamie Leslie, Perry Palmer, Lori den Hartog,
Steve Siddoway and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: It is 6:00 o'clock, so we will just launch right into our regular scheduled
meeting for City Council. I'd first like to welcome everyone here tonight. For the record
it is Tuesday, July 23rd. 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 our 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 Tim Pusey with Valley Shepherd Church of
the Nazarene
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Tim Pusey. He is with the Valley Shepherd Church of the Nazarene. If you will join us
in the community invocation or take this as an opportunity for a moment of reflection.
Pastor, thank you for being here.
Pusey: Thank you. Let us pray. Heavenly Father, throughout the ages those who have
called upon you have found wisdom and guidance and help in you and for that we are
grateful and tonight as our City Council begins their meeting we pray for your wisdom
and guidance and help for them. We thank you, Lord, for those who serve our
community in this way. We thank you for the many who serve the public of Meridian in
so many different ways and, Lord, we pray your blessing upon them and tonight as this
meeting takes place I pray, Lord, that they would have wisdom that comes from you in
Meridian City Council
July 23, 2013
Page 2 of 57
the decisions that are made and may it truly be a good evening for those who are here
and, Lord, we do pray for those who can't speak for themselves, we think of those who
are underprivileged, those that may not have enough to eat when they go to bed tonight
and I ask, Lord, that you would help us to be ever mindful of those whose needs are so
very great. We ask it in the name of our Savior, amend.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is the adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple of things to note on tonight's agenda and add onto, actually. Under
5-H, that resolution number is 13-931. Under Action Items, 8-B, is resolution number
13-932. Under 9-D, Department Reports, is resolution number 13-933. We want to
amend onto the agenda Item 9-E, which is an update from the Mayor and City Council's
compensation committee and under Ordinances, 10-A is ordinance number 13-1566.
So, with that, Madam Mayor, I move adoption of the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 5: Consent Agenda
A. Approve Minutes of July 2, 2013 City Council Regular Meeting
B. Approve Minutes of July 9, 2013 City Council Workshop
Meeting
C. Change Order N0.4 to Task Order #10264 for NPDES Permit
Strategy and Technical Assistance with HDR Engineering, Inc.
(Master Agreement Dated 12-6-2011) for aNot-to-Exceed
Amount of $60,000.00
D. Water and Sewer Main Easement for Villas at Lochsa Falls
Phase 2
E. Sewer Main Easement for Villas at Lochsa Falls Phase 2
F. Water and Sewer Main Easement for Isola Creek LLC
Meridian City Council
July 23, 2013
Page 3 of 57
G. Contract Extension for Professional Service Agreement with
Sullivan Reberger for State Government Affairs to Include 2014
Legislative Session & Fiscal Year 2014
H. Resolution No. 13-931: A Resolution Authoring the City Clerk
to Destroy Certain Semi-Permanent and Temporary Records of
the Meridian Police Department
Development Agreement for Approval: MDA 13-010 Paramount
Subdivision by Brighton Development, Inc. Located South of
W. Chinden Boulevard, Between N. Meridian Road and N.
Linder Road Request: Amend the Development Agreement to
Delete the Number of Lots, Dwelling Units and Square
Footages Allowed to Develop on the Site and Replace with the
Types of Uses Approved on the Site
J. Findings of Fact, Conclusions of Law for Approval: 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
K. Findings of Fact, Conclusions of Law for Approval: 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
L. Findings of Fact, Conclusions of Law for Approval: 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
M. Findings of Fact, Conclusions of Law for Approval: 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 the R-8
Zoning District
Meridian City Council
July 23, 2013
Page 4 of 57
N. Final Order for Approval: 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
O. FP 13-032 Paramount Commercial Southwest Subdivision No.
3 by Brighton Investments Located Near the Northeast Corner
of W. McMillan Road and N. Linder Road Request: Final Plat
Approval Consisting of One (1) Building Lot on Approximately
6.84 Acres of Land in a C-G Zoning District
P. FP 13-030 Reflection. Ridge Subdivision No. 2 by Chist Todd, T-
O Engineers Located West of S. Locust Grove Road and North
of E. Amity Road Request: Final Plat Approval Consisting of
Twelve (12) Building Lots and Two (2) Common /Other Lots on
5.41 Acres of Land in an R-8 Zoning District
Q. FP 13-031 Fall Creek Subdivision No. 1 by Coleman Homes,
LLC Located West Side of S. Stoddard Road and North of W.
Victory Road Request: Final Plat Approval Consisting of 93
Single-Family Residential Building Lots and 13 Common/Other
Lots on 39.67 Acres of Land in an R-8 Zoning District
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: As 5-H is resolution number 13-931, I would 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 call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
July 23, 2013
Page 5 of 57
Item 6: Community Items/Presentations
A. Adoption of the Tentative Fiscal Year 2014 Budget in the
Amount of $89,285,963.00
De Weerd: Under Item 6, Community Presentation, we will start with 6-A which is the
adoption of the tentative fiscal year 2014 agenda budget. Madam Clerk, will you read
this into the record.
Holman: Adoption of the tentative fiscal year 2014 budget in the amount of 89,285,963
dollars.
Hoaglun: And, Madam Mayor, the clerk has read into the record our -- what we have
considered for fiscal year 2014 and for those that follow the budget hearing you would
go, wait a minute, a couple weeks ago we approved a budget or drafted a budget ofjust
over 70 million dollars and this one is 89 and just to kind of make sure people
understand that this does include all carry forward items that are in the works. The vast
majority of those are Public Works items. It also includes things that we are saving
money for, like the public safety facility and as we know in our community, instead of
going to voters and ask for bonds, we save for projects and that -- we have to roll that
money forward, so that's why the amount is 89 million and not the 70 plus million that
we approved at our -- at our budget setting deal. So, I just wanted to put that on the
record why that amount is different. So, with that, Madam Mayor, I would move that we
approve the proposed revenue and expenditures for fiscal year 2014 of 98,285,953
dollars.
Rountree: Second.
De Weerd: I have a motion and a second and this will, then, move forward to publish
for the public hearing notices for the public workshop on August 20th. Thank you.
Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Approval of the Amended Revenues and Expenditures for
Fiscal Year 2013 in the Amount of $82,872,394.00
De Weerd: Item 6-B. Madam Clerk.
Holman: Item 6-B for approval of the amended revenues and expenditures for fiscal
year 2013 in the amount of 82,872,394 dollars.
Meridian City Council
July 23, 2013
Page 6 of 57
De Weerd: Okay.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: This will wrap up our revenues and expenditures for our current fiscal year
that we are in, so I would move approval of the amended revenues and expenditures for
fiscal year 2013 in the amount of 82,872,394 dollars.
Rountree: 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 carries.
MOTION CARRIED: ALL AYES.
C. Hometown Hero Award Presented to Hannah Mayfield, Nathan
Howell, and Amy Sorensen for the Silverleaf Pool Incident
De Weerd: Council, I'm going to read you a little bit of background on this next item and
after that I'm going to move down to the podium and ask three individuals to join me up
there. This item is about our hometown hero and this is presented to citizens that, in
our opinion, go above and beyond and certainly are our community heroes in Meridian
for their acts of bravery and heroism in saving a life of others. On June 1st eight year
old Hannah Mayfield was swimming in the Silverleaf Subdivision pool when she noticed
a two year old boy face down in the water. The boy was not moving and upon seeing
the child she initially thought was dead, she bravely swim over to the boy's body and
she swam him over to the pool entry steps, pulled him out of the water and started
yelling for help. Upon hearing Hannah's pleas for help the mother of the victim was
panic stricken and yelled and cried for help as well unsure of how to proceed herself.
Nearby preparing for a friend's birthday party was Amy Sorenson. She heard the
request for help and quickly ran to assist at the scene. After noticing the people
standing around the victim that no CPR was being prepared -- or performed, she then
quickly ran over and started CPR and calmly took over. Amy was able to resuscitate
the victim utilizing chest compressions, but noticed that he would quickly become
unresponsive when she ceased. So, she did ask for help to breathe while she did the
chest compressions and Nathan Howell came to Amy's side and assisted with the
mouth to mouth until emergency medical services came on scene and took over.
Hannah by bravely pulling the boy from the pool and Amy and Nathan by calmly
responding and providing him that CPR care a tragedy was prevented and certainly I
would like to offer kudos to the three of these individuals today and have them join me
Meridian City Council
July 23, 2073
Page 7 of 57
here at the front podium if they would, please. If you will come over here. Now, I have
a certificate for each of you and these certificates certainly cannot adequately express
our appreciation to each of you for saving the life of one of our citizens and if you know
me I always get emotional, so I guess this is no time to change. I will start with you,
Hannah. I think you're pretty awesome that you stepped up and you took charge. I
mean for an eight year old that is absolutely awesome and let me tell you what is on this
certificate. It's presented to Meridian residents who perform selfless acts of heroism,
going above and beyond the call of duty in service to others in our community without
regard and attention to what might have happened to you by saving him. In recognition
for your significant roll in saving the life of a youngster who nearly drowned in a
community swimming pool, it is my honor to present this to you, Hannah, with the
heartfelt thanks of myself and the City Council and all of our emergency responders
thank you so much. And this is to Nathan. Again, we count -- our emergency
responders can't be everywhere all the time and we know in medical responses that
every second counts. So, what you and Amy did in pertorming CPR and helping this
drowning -- potentially drowning victim keep his life. We greatly appreciate you keeping
your head and being part of that lifesaving activity. So, again, to present to you, who
performed a selfless act of heroism, going above and beyond the call of duty in service
to others in our community without regard for attention for personal gain, this is in
recognition of your significant roll in saving the life of the youngster who nearly drowned
in a community swimming pool. Again, our heart felt thanks for what you did to save
this young boy's life. And, again, thank you, Hannah and Nathan. Thank you. Would
either of you like to say anything? No? Okay.
Zaremba: Thank you again.
De Weerd: And just for the record, Amy was delayed and so when she comes we will
take a break to present this to her as well. So, again, Hannah, thank you for bringing
your family with you and Nathan for you bringing your family as well. We appreciate
your effort.
D. Meridian Split Corridor II Public Art Project Discussion
De Weerd: Okay. Item 6-D is under our Meridian split corridor public art project. I will
turn this over to our attorney Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. I have a short memo that I
will just read into the record and, then, if you have additional questions -- after last
week's discussion you had asked for myself and my office to provide the Council with
options as to where the process and the project would be now based on what had been
presented last week and based on your discussion. A couple of different questions had
come up, so one was the -- was to look at the process that had been completed to that
point. So, I looked at the initial RFP that was provided for all the artists that submitted
proposals and reviewed that process that had occurred and recommend the following.
There has been a lot of discussion and emotioh and such from a variety of people
regarding the success of this process and it's met all the legal standards that are
Meridian City Council
July 23, 2013
Page S of 57
appropriate and required in the absence of --there wasn't a public arts professional that
was used in this particular process. We have used it in other processes prior to this.
There is some room for improvement for future processes, but it did proceed as
advertised, it did, other than the few digressions, meet the standards that were offered
and advertised to all artists that submitted proposals, all the --whatever digressions that
any of the groups that were involved with this were all done in the public record, were all
done in a public open opportunity for debate and discussion amongst the groups, they
knew when they had proceeded in areas that were going to be a little outside of the
process, so that doesn't materially affect or change the outcome or the question as
ultimately presented to the City Council as we told you last week. It's very clear in the
RFP that ultimately the decision maker is you and that all of that -- the information that
is gathered prior to coming to you as a recommendation from Meridian Arts Commission
goes through a very public process, but it's very clear in the proposal that the final
decision maker always is the City Council on whether to proceed forward. That process
has been used in other art collections without any issues or such and with a few of the
lessons that we maybe learned. In this process we can make some improvements for
the future. The City Council is still the ultimate approving body of the selection. The
Council is asked to consider basically these factors in making the decision. The criteria
outlined in the call to artists, which was the original offering that was put out to artists.
The public input that was collected from the various sources, both from the public
comments that were received, as well as the committees and the commission meetings
that were held and, then, ultimately the recommendation of the Arts Commission, which
was the recommendation so that the Council has the following options. The
commission -- the Meridian Arts Commission's recommendation to you was the C.J.
Rench piece Under The Sun and Dreaming. That was their recommendation. You can
accept that recommendation if you wish and proceed forward and there is still a process
that has to take place in contracting for the piece. The other option you can consider as
the other submittals by the artists Delia DeLapp or the joint submittal by Joseph Castle
and Marty Lyon, you have to consider the pieces as presented to you, so you can't --
based on the way the offering was submitted and the way it was proposed to the public,
if you were to consider the other pieces, which you're free to do, you have to consider
the entire proposal. So, not parts of the proposal or pieces of it or a piece you like or a
piece you don't, it's really all or nothing. So, that's what's been proposed to you, that's
what really your decision point is. So, that's your second option. And your third is you
can reject all the proposals entirely. If you choose to reject all the proposals entirely,
then, you have a menu of things that you can do in the alternative. You can choose to
reject them. You can start the process over with completely new submittals --
submittals from the public. You can start the -- as you have done in the past, as was
said, we have probably learned some lessons and things that you could do to make the
process run a little smoother and we can certainly bring those back to you as a
recommendation if you want to proceed forward at this time with that. You can refer all
three artists back to the Meridian Arts Commission. So, you have had a process to
select these three artists. There was a number of submittals -- I think there was over --
about adozen originally submitted. So, these three artists and their pieces have been --
were the ones that made it through a number of different steps to get to that point. So,
you do have the ability if you aren't selecting a piece and rejecting all the proposals, to
Meridian City Council
July 23, 2013
Page 9 of 57
submit it back to the Arts Commission -- or to yourselves if you wish -- to submit new or
modified proposals and what you could do is based on all the comments that have been
received, both public comment, comments by the members of your committee,
comments by the members of the commission, comments by all of you -- the artists
have received a lot of information on the pieces and the types of what your desires are.
You could recommend back to the Arts Commission that they take all of that
information, have those three artists either resubmit their proposals or if they wanted to
change their proposals to some degree to meet those comments that have been
received from all of those various sources and, then, again bring a recommendation
back to you from the commission. That's an option that you can consider. You can
commission a single piece. You have the ability to put out a call for one piece. You can
use one parcel that's currently available. You can use both parcels if you wish. You
don't have to do them both at this time. You can commission a single piece based on
the pieces you have already seen. If you'd like that done you can do that. If you want
to commission an artist that's another option. I was told today that was a little out of the
norm, but I guess that's not out of the norm for me, but you can commission an artist
and -- versus an artist -- an art piece and, then, have that artist give you a proposal. So,
that's another option you can consider. You can -- again, you can always solicit new
pieces. You can take an existing piece that the city may already own. We have other
pieces of public art that already exist in the city, if you want to move one of those pieces
to one of these parcels you have the ability to do that as well. You have had other
pieces that you have had previously approved for use in both the downtown, as well as
the within the city. That's another option you can consider if you wish. And, then,
again, you can always start the process over completely and begin anew if you wish.
So, there is a variety of different options if you choose to do that, but, again, your
question was has the process been adequate. In my opinion it has. It has -- there were
some things that we could do better, but we certainly have met what was proposed to
the artists, but now you're left with three choices and that's accept the commission's
recommendation as presented. You can pick another piece of the ones that have
already been finalized and been through the process. You could pick any of those if
you wish or you can reject all of them and, then, again, you have a menu of different
options you can do from that. So, I'd stand for questions.
C. Hometown Hero Award Presented to Hannah Mayfield, Nathan
Howell, and Amy Sorensen for the Silverleaf Pool Incident
De Weerd: Council, before I do that I do see that Amy Sorenson has joined us and,
Amy, we apologize, we -- we already recognized Hanna and Nathan, but did want to
take an opportunity -- I know you were held up and we apologize that we started this
before you got here. But if you can join me up front, I would like to take a moment and
recognize your act of heroism. Amy, we read the -- we told about the story of the young
boy who was found in the pool and how Hannah had pulled him out and you just took
charge and offered CPR and we just want to give you our heartfelt thanks for the roll
you played in saving the life of this young man and in recognition of that I have a
certificate I'd like to present to you as a hometown hero. Presented to Meridian
residents who pertorm selfless acts of heroism, going above and beyond the call of duty
Meridian City Council
July 23, 2013
Page 10 of 57
in service to others in our community without regard for attention or personal gain, this
is presented to you today in recognition of your significant roll in saving the life of a
youngster who nearly drowned in a community swimming pool. Please, on behalf of
myself and City Council and all of our emergency responders, accept this as our token
of appreciation for what you did to save that young boy's life. Thank you. Okay.
Council, any questions?
D. Meridian Split Corridor II Public Art Project Discussion
Zaremba: Bill, could you repeat what you said before? No, thanks. We remember
De Weerd: I think he was kidding. Any questions for our attorney or discussion from
Council? I guess, Council, what -- an option I didn't hear is by putting this -- not back to
the public for discussion. They have -- they have put their votes in and -- and shared
what they -- they felt and I did have staff look at it statistically to get a clearer picture of
what those votes meant. But that aside, I would suggest putting it back through the
process without some of the information that kind of turned the discussion upside down.
On TV you see these law programs that they say, you know, please disregard what that
witness just said and there was a piece of evidence that changed one of the proposals
and I think it, then, turned the discussion as a committee a little bit sideways. It was a
sideways remark and it did turn it upside down and so with clear instructions as to what
to consider and discuss, I think the processes our city attorney had -- had expressed
has had a lot of public comment with the public voting, but it's bringing it back to the
discussion at the selection committee and, then, at the Meridian Arts Commission
without the influence of some of the things that changed the proposals to begin with.
So, I guess I would say that is another option in bringing it back and just letting the
process work.
Rountree: Madam Mayor, I'd like to get a reaction from Bill on that.
Nary: Madam Mayor, I guess I wasn't clear. You can send -- I mean you can send the
whole process -- you're saying send all of them back to the commission or the
committee? The committee is just a subset of the commission, so I mean you can do
that if you wish, but sending just these three proposals back to them to look at -- I guess
I thought I was suggesting that. Based on all the comments I had you can send all of
these back there for them to look at and whether they want -- the artists don't have to
resubmit anything, but there has certainly been a lot of comment about it, so that was
my suggestion. But if you're saying to not even suggest modifying, if that's one of your
options, too, you can do that.
De Weerd: I guess, Mr. Nary, it's with clear instructions that it's the original proposal as
submitted without any -- and to discard any change that was submitted for consideration
between when the public started voting and the close of that.
Nary: Sure
Meridian City Council
July 23, 2013
Page 11 of 57
De Weerd: Just to make clear what those considerations are without any other changes
or modifications that had been submitted for consideration, which shouldn't have been.
So, I guess that is my two cents worth for what it's worth.
Rountree: Madam Mayor, I think that's kind of what I said in my last comments last
week, was take it back to the selection committee, have them deal with the proposal as
it was presented to the artists and the proposals that you submitted in response to that.
Have them do their selection process and prepare their reasons why they are
recommending to the Art Commission what they are recommending and, then, you have
the Art Commission do what they are charged to do and that's a recommending body to
this body and make recommendation and the reasons why they made that
recommendation as outlined in this memo from Bill and, then, we can -- we can make a
decision and we all know the decision can be something different than a
recommendation, but at least have it be fair, have everybody participating at the same
level, no outside inquiries, directives, testimony if you will, so -- I'm okay with that if
that's -- if that's the way we go.
De Weerd: Other comments from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I think I'm saying the same thing, but you both are saying it maybe in a
slightly different way, but my interpretation is we are saying at some point there was a
fork in the road or a wrong turn made. Let's rewind to that point, the last point at which
everything followed the rules and instead of starting the process all the way back from
the beginning as if nothing had ever happened, the request is still good, the submittals
are still good, and the decision is about what to do about them is where we need to
restart and I'm comfortable with that.
De Weerd: Any further comment?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Again, to make sure we are all on the same page, under the three options
that Bill outlined, then, that would actually be option number two, because we are not
necessarily rejecting all three, we are just saying -- well, I guess let me back up. Let me
ask a question to Mr. Nary. Considering the other two submittals in total, select one of
the three proposals submitted, but that does not include C.J. Rench's modified proposal,
that came in later, so --
Nary: Correct.
Meridian City Council
July 23, 2013
Page 12 of 57
Hoaglun: Okay. I wanted to be certain that -- so, number two would be -- what I'm
hearing and I'm liking --that we send back the three that were submitted that rose to the
top, but they considered each of those as a total package before any modifications were
made and, then, give us a recommendation based on those three. That's what I'm
thinking I like and I think that's what I'm hearing from the other members.
Bird: Madam Mayor?
De Weerd: Good. We can hear it a fourth way. I think we are all saying the same
thing. Mr. Bird.
Bird: I agree that -- to send it back and stuff, but when they -- when they come forward
I'd like to -- I'd like to have a little history on the -- I mean we are not putting up a two
foot art deal out there, we need -- we need to make sure that the artist is capable of
doing this and has the means of doing it, has the structural integrity in it, because we
don't want to get something up there that compromises anything. So, I think it's a good
idea to send all three back and let the committees get together and, then, the committee
can recommend to the Art Department -- the Art Commission and the Art Commission
can recommend to us with reasons why and making sure that -- that whoever they
recommend is capable of doing it and doing it right.
De Weerd: Mr. Bird, do we need to seek additional information, because the -- when it
went out to the public it was deemed that it answered all of those and so do we need
additional information to the selection committee and to the Meridian Arts Commission
from each of the artists that -- that suggest that? Because I think that was already a
data point in the selection of a finalist that it could.
Bird: Madam Mayor, that's -- we did not have that privilege of knowing that when they
presented it to us. I mean we didn't know if each of the artists had done something of
this degree before. I had no idea what they have done. I'd like to know before Imake --
I mean it's -- you know, you don't -- you don't send out a two man shop to do a six man
--six man shop's job. So, I would like to know when they present it to us.
De Weerd: Mr. Nary, I guess before it goes back in front of the select committee and,
then, to the Meridian Arts Commission perhaps we can seek additional information from
the three finalists just on the engineering aspect that -- and who their team is. A little bit
more detail. Is that what I'm understanding?
Nary: Well, Madam Mayor, I hesitate to disagree with all of you, but you didn't ask for
that and that's the problem is that you're now asking for different information and you
didn't -- now there is ten other people who participated who you didn't ask them that
either. So, I'm really hesitant to recommend you do that. If that's the concern, which I
totally recognize that's a very legitimate concern, that's part of the contract. I mean if
that's the concern -- this is a large public art piece and so in my opinion one of the
thresholds -- and we have done this in other art pieces -- we have had requirements at
certain stages for payment and requirements of certain levels of completeness before
Meridian City Council
July 23, 2013
Page 13 of 57
we would pay. We don't wait until it's all completed to pay, we normally pay in parts. If
the engineering of the piece is necessary, which I would agree it would be, that can be
the first requirement in your contract that that would be provided prior to payment, so
that if it can't be provided, then, you have not invested a tremendous amount of time or
money and if that can't be completed, then, you can move on to another piece. But to
ask the artists now to provide additional information when that wasn't requested, I think
goes back to the concern that Councilman Rountree raised previously, that we are
asking for different information from different people and I would recommend you not do
that.
De Weerd: Okay.
Rountree: Madam Mayor, just a comment on that point. I have not read the proposal,
but I suspect that -- we know there was an estimate required and, hopefully, the
estimates are sufficient to at least identify there is engineering required in that cost. If
anything needed electricity or plumbing that that would have been broken out in their
estimate. So, hopefully, that information is there. If it's not there, then, again, that's
something that the Arts Commission needs to -- needs to weigh in the criteria they
asked for and are they comfortable in saying they can recommend this individual and
they are comfortable with the city negotiating an agreement with them.
De Weerd: Okay. Well, in the RFP that went out we were very vague in what we asked
for in the breakdown. So, all artists met the key criteria. So, we will give this to -- back
to the selection committee and have Emily work on setting a date. Do we need a
motion?
Nary: You probably should make a motion.
De Weerd: Okay. I can't do it.
Rountree: You're the liaison.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we return all the submissions for the art project -- public split
corridor art project back to the Meridian Arts Commission and the process that they
determine to select one of the three proposals submitted -- and this is the original
proposals, not the modified proposals, and that they recommend upon review through a
process of -- that they determine and they make a recommendation back to the City
Council at their earliest time a recommendation for Meridian Split Corridor public art.
Bird: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Meridian City Council
July 23, 2013
Page 14 of 57
Hoaglun: Madam Mayor, just to clarify as I made that motion -- and I want to be certain
-- I don't know if they are going to go with the selection committee or if they have
another proposal. I didn't want to say they have to follow a certain proposal, it just goes
back to them. If they want to do a submit committee or get an art professional to do
something, I didn't want to handcuff them that way. But that was my intent to send it
back to them to determine their internal process on how to make a recommendation
and, then, move forward from there.
De Weerd: So, just for clarity, you're sending it back through the process, the
committee and, then, MAC and, then MAC --
Hoaglun: My motion was to send it back to the Meridian Arts Commission. Not to the
selection committee, but to the Meridian Arts Commission and let them determine how
they would move forward with that process. If they desire to do a selection committee
that's fine, it's -- it's back to them. I didn't want to micro manage that process, but leave
it up to them to determine how to make that decision and recommendation back to us,
so --
De Weerd: Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: I feel vindicated, Madam Mayor.
Item 7: Items Moved From Consent Agenda
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Public Hearing: Community Development Block Grant (CDBG)
2013 Action Plan
De Weerd: So, we will move to Item 8-A, which is a public hearing on the Community
Development Block Grant, the 2013 action plan. Lori.
Den Hartog: Madam Mayor, Members of the Council. I'm here this evening to present
to you our program year 2013 annual action for our Community Development Block
Grant program. I was here last before you on May 28th to present a number of options
moving forward for this action plan and we opened -- oh, not going? I apologize for the
technical difficulties. We are back on. All right. So, for the upcoming program year,
Meridian City Council
July 23, 2013
Page 15 of 57
which is planned to start on October 1, we are -- have two main priorities and points of
focus as we move forward. We intend to have public facility improvements and projects
within the low to moderate income area of the city or projects benefiting our LMI
residents and that would be the primary focus of our expenditures during the upcoming
program year. In the plan CDBG funds will be invested in public service activities that
serve and will benefit LMI residents of the city and will advance a useful living
environment. When I was before you at the end of May I had anticipated a reduction in
our entitlement grant for the coming year based on all news and reports that we have
been hearing of the sequester. I'm happy to report that we have the opposite situation.
Shortly after we met at the end of May I received a notification from HUD for our
upcoming grant amount and we were notified that it was going to be 293,913 dollars
and this is approximately a 14 percent increase over what we had last year. We
received just over 256,000 dollars last year. So, a good problem to have as we move
forward in reviewing the applications that were submitted for review. Other funds that
are identified for allocation in this action plan our project funds from previous
programming years in the amount of 62,446 dollars. These funds come from projects
that have come under budget in previous program years and unused administration
funds from previous program years. And as you can see we don't generate any
program income, which keeps our program simple -- more simple to administer. So, the
total revenue we will be allocating in this action plan is 356,359 dollars. So, for the
coming year our administrative expenses are planned to be 40,000. Just for
administration. And, then, 3,000 planned for fair housing outreach and education
activities. We are capped at 20 percent of our entitlement grant for those administrative
expenses. Right now with this proposal it's about 14.6 percent. So, we are well under
the 20 percent cap there. The other projects and activities we are planning to undertake
in the upcoming year -- three of them fall under the housing and community
development category. The first is a picnic shelter at 8th Street Park. The second is a
restroom facility at Centennial Park. And the third is a public facility project that has yet
to be determined and I will discuss that a little bit later. So, our public service activities,
we are capped at 15 percent of our entitlement grant, which is about 44,000 dollars.
Proposing to provide 30,000 to the Meridian Food Bank for their hunger relief program
and 14,000 for the Meridian Boys and Girls Club for the scholarship program. Just a
brief description of the activities. For the Meridian Food Bank the 30,000 dollars will be
used to purchase food to be distributed to persons and families in need. On average
the Meridian Food Bank serves 5,300 people each month. They are on track this year
to serve over 63,000 people. So, the Meridian Food Bank provides a vital service within
our community. This grant is by no means their only means of support. They have a
number of community activities that contribute and they -- I just heard, too, they had
received -- I believe it was a 25,000 dollar grant from Walmart. So, they have been
actively pursuing other grants to expand their services and the food that they provide to
the persons in need. The second public service activity, which is through the Meridian
Boys and Girls Club is a scholarship program which will provide scholarships to children
of LMI households for the clubs key base programs, which include the Summer Early
Risers, the Meridian Sunrise Club and the Meridian Year One program. We did this
program two years ago and based on this dollar amount we are anticipating the
program to serve approximately 45 students. They base those scholarships on a sliding
Meridian City Council
July 23, 2013
Page 16 of 57
fee scale. For the public service activities we are planning to invest just over 36,000
dollars to design and construct a picnic shelter in 8th Street Park where there is
currently no picnic shelter and over the last several years we have invested CDBG
funds in this park to make improvements. This is an important neighborhood park that
didn't have a lot of services to begin with and we are adding those fully so that it can
see increased use to meet the demand there. The Centennial Park ADA restroom
facility, we are planning to invest 91,000 dollars to design and construct an ADA
restroom facility within the park where currently no restrooms facility exists. And this
last one is a little different than things that we have done in the past. We have a to be
determined public facility project. The remaining dollars to be allocated are just over
141,000 dollars. Planning for it to be allocated to a qualified public facility project that
will benefit our LMI residents. As I presented to you when I was here at the end of May,
we will be working with other city departments and other public entities, including the
Meridian Development Corporation and possibly the Ada County Highway District to
propose to City Council a number of public facility projects that would be eligible and
would fall within this budget range. And we will come back to you at a future date to
seek your decision making on which project to move forward with. So, with that I would
be happy to answer any questions and request that you close the public hearing that
was opened on June 20th and adopt the 2013 action plan as presented.
De Weerd: Thank you, Lori. Any questions from Council at this time?
Bird: I have none.
Rountree: I have none.
De Weerd: Is there anyone in our public who would like to provide comment on this
item? Okay. Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing nobody wants to come up and testify, I move we close the public hearing
on the Community Development Block Grant.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Resolution No. 13-932: Resolution Adopting the Community
Development Block Grant (CDBG)Program Year 2013 (PY2013)
Action Plan
Meridian Cily Council
July 23, 2013
Page 17 of 57
De Weerd: Item 8-B is the resolution for this item. It's Resolution 13-932. Council, do I
have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Resolution No. 13-932 for the adoption of the Community
Development Block Grant.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-B. If there is no
discussion, Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
C. FP 13-028 Heron Ridge Estates Subdivision by Mason &
Stanfield, Inc. Located North of Chinden Boulevard, South of
the Phyllis Canal and Approximately a 1/2 Mile East of N. Black
Cat Road Request: Final Plat Approval Consisting of Ten (10)
Single Family Residential Lots and Four (4) Common Lots on
Approximately Six (6) Acres in an R-2 Zoning District
De Weerd: Item 8-C is final plat 13-028. I will ask for staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. I will keep the
presentation brief on this tonight. The only reason why this item is on the agenda this
evening is because staff did not receive comments by the 3:00 o'clock time frame on
Thursday -- last Thursday afternoon. I would mention to Council that the proposed final
plat is in substantial conformance with the approved preliminary plat in which you
approved in May of this year. The applicant has submitted testimony in agreement with
all those conditions and at this time I'd stand for any questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Do I have a motion?
Meridian City Council
July 23, 2013
Page 18 of 57
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-C FP 13-028.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-C. 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.
D. Public Hearing: VAR 13-003 Plovanich by John Plovanich
Located at 983 E. Tuweep Street Request: Variance to UDC 11-
2A-3D.3, Which Prohibits Accessory Structures From
Encroaching into the Required Side Yard
De Weerd: Item 8-D is a public hearing on VAR 13-003. I will open this public hearing
with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next application
before you is a request for a variance. The property is located at -- excuse me. The
property consists of .23 acres of land, is currently zoned R-4, and is located at 983 East
Tuweep Street. The applicant requests approval of a variance to UDC 11-2A-3B3,
which prohibits accessory buildings from encroaching into the required side yard. In the
latter part of 2012 the applicant states that he came into the Community Development
Department to obtain a building permit for a small shed. He was told that he would not
need a permit to construct a shed less than 120 square feet in size. However, the shed
should not be located over any utility easements. Based on this discussion he located
the shed outside of utility easements within the side yard of his property. In May of this
year the applicant was notified by the city that the shed is located in an area that
violates city code would need to be relocated or removed, as accessory buildings are
prohibited from being located within the required side yard. At that time he met with
staff to determine his options staff advised him that his only option at this point, other
than to relocate or remove the shed, is to apply for a variance. The applicant applied
and was granted a fee waiver from Council on June 18th for the subject variance
request. Staff has discussed this issue with the fire department and they do not feel
there is a public safety issue in allowing the shed to remain in its current location. The
shed does not currently have gutters, so the draining from the shed falls on the
neighboring property. The applicant agrees to install gutters on the shed so drainage
Meridian City Council
July 23, 2013
Page 19 of 57
will fall on his property if Council approves the variance request. The first picture you
see here at the upper right-hand corner is the front view of the shed. The second one
here on the bottom is the rear view. In order to grant a variance the Council does need
to make three findings. The variance shall not grant a right or special privilege that is
not otherwise allowed in the district. The variance relieves an undue hardship because
of characteristics of the site. And, lastly, the variance shall not be detrimental to the
public health, safety, and welfare. Staff finds that granting the proposed variance would
not be detrimental to the public health, safety and welfare based on comments from the
fire department, but finds that granting the variance would grant a right or special
privilege to the applicant that is not otherwise allowed. Further staff finds that there are
no topographical characteristics of the site that would prevent compliance with the
subject UDC requirement. Therefore, staff is recommending denial of the subject
variance request. There was no written testimony submitted on this application. Staff
will stand for any questions Council may have.
De Weerd: Council, any questions for staff at this point?
Bird: I have none, Mayor, at this time.
De Weerd: Is -- oh, I'm sorry. Mr. Rountree.
Rountree: Go ahead and I will ask it later.
De Weerd: Is the applicant here? Please. John, if you will, please, state your name
and address for the record.
Plovanich: Pardon me?
De Weerd: If you will, please, state your name and your address for the record.
Plovanich: John Plovanich. 983 East Tuweep Street, in Meridian.
De Weerd: Thank you.
Plovanich: Madam Mayor and City Council Members, I want to give you a brief
thumbnail sketch of where I started last September and hopefully will culminate tonight
at this meeting. My wife and I last September decided to move forward with plans to
build a garden shed. So, my first step was to go to the architectural committee in my
subdivision and find out what their requirements were and that included my giving them
a conceptual drawing of the shed and they additionally requested and I provided a map
of the lot showing my home and the location of a shed and in addition to that I had to
give them the color scheme that was going to be on the shed. They in turn contacted
the neighbors and none of the neighbors had a problem at that particular time and so
they told me that if I got a building permit they would approve my request. So, my next
stop was down here in the planning department and I took all the information I had with
me and I came down here fully intending on having to buy a building permit and the
Meridian City Council
July 23, 2013
Page 20 of 57
person I talked to looked at my information that I had and told me I didn't need a
building permit, because my shed was under 120 square feet and the only advice that
they gave me was that to make sure I didn't build the shed over my utility services in
case I ever had a problem with them and they had to work on them. Well, my utility
services are on the opposite side of my home. So, I was given the green light. No
problems. Didn't need a permit and they didn't have any objections to what I was doing,
so I built the shed and I lived in blissful ignorance until May 9th of this year when Igot --
someone knocked on the door and it was from the permitting department telling me that
my shed was located in an area that was in violation of the code and the only choice 1
had was to remove it or move it and so I went through what the gentleman that called
on me said -- following the process that I had already gone through and he told me he
didn't have the authority to go any further with me, that he recommended that I come
down here and talk to his supervisor, which I did, and he called in one of the ladies from
the planning department and after listening to what I had to say they recommended that
I have a subsequent meeting with the planning department and the building people, the
fire department and some of the permitting people. So, that was -- the meeting was set
for the 15th of May and at that meeting I was told that it's unfortunate, because I had
done my diligence on both the requirements of my subdivision and I come down to the
city planning office, but, unfortunately, due to some incomplete or inaccurate information
I received, my shed's in the wrong place, so we have got to solve the problem. So, it
was explained to me that if I didn't want to remove it or move it, then, I could go through
a process of trying to get a code variance and the first step there would try to be able to
get a fee waiver for the application for the code variance, which I did and I received a
fee waiver. So, we went through the whole process and it was at that meeting the fire
department didn't have a problem with it, the representative that was there from the fire
department. Sonya was appointed to help me, which she has done a great job doing
that and so I went through the process of having a neighborhood meeting, posting the
property, and at my neighborhood meeting the neighbor next door that's actually filed a
complaint was at meeting and the only concern they had was that my shed was going to
drain water during a rainstorm into their yard and it did cause their crawl space to flood.
So, I agreed that if I got a code variance that I would gutter the shed and I have a
French drain system in my yard and I would drain the gutter into that French drain
system. So, they were good with that. And so right now I guess the three things that
we are looking at is the variance shall not grant a right or special privilege that is not
otherwise allowed in the district. I have no way of determining whether anybody in my
subdivision has ever applied for a code variance and I'm not that familiar with the code,
but I can tell you after looking around my subdivision there are several structures that
are built in that five foot side yard setback. Now, whether they got a variance for those
or not I have no idea and there is no way that I could find out. The second item, the
variance relieves an undue hardship because of the characteristics of the site. The
shed was built physically to fit the slot that I had and to move it anywhere else in my
yard -- it won't fit anywhere else and I can't move the shed without taking it apart, so I
will have to probably destroy most of the materials that the shed was made out of. In
addition to that I would have to re-landscape my backyard and I have got to reinstall my
sprinkler system in order to get the shed to meet the five yard -- or the five foot side
yard setback in order to meet that requirement and the variance shall not be detrimental
Meridian Cily Council
July 23, 2013
Page 21 of 57
to the public health, safety, and welfare and, as I said, at the May 15th meeting there
was a representative there from the fire department and, again, he had no problem with
the location of the shed. So, with that does anybody have any questions for me?
De Weerd: Thank you, John. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If -- if you would have understood when you applied that you could not build
that shed in your side yard would you have proceeded with the shed?
Plovanich: No. No. I mean I -- I put way too much money on that shed to play Russian
roulette whether or not I would get caught doing that.
Rountree: No, that wasn't my question. If you would have been told that you could not
locate it on the side yard would you have built the shed in another location?
Plovanich: No, not at all.
Rountree: Thank you.
Plovanich: Not at all.
De Weerd: Okay. Any other questions from Council?
Hoaglun: Madam Mayor. Sir, do you store a lawnmower in there? Is it just garden
materials, lawnmowers --
Plovanich: Barbecue.
Hoaglun: -- barbecue --
Plovanich: Shovels. Rakes.
Hoaglun: And approximate size? Is it -- you said it was --
Plovanich: -- by fourteen.
Hoaglun: Ten by 14. That's 140 square feet.
Plovanich: No. It's 112.
Hoaglun: Ten by 14?
Meridian City Council
July 23, 2013
Page 22 of 57
Plovanich: Eight by 14.
Hoaglun: Oh, eighf by 14. Okay. Yeah. Eight by 14.
Plovanich: It's the only side shed that I could build that would fit in the slot and the
length was determined by -- I didn't want to encroach on the -- the master bedroom
window that's closest to the shed, so I discontinued the shed before the master
bedroom window. So, 14 feet is what it worked out to be.
Hoaglun: Okay. Thank you.
De Weerd: Any other questions from Council?
Rountree: Madam Mayor, question for Sonya. I'm kind of confused at what -- what was
presented initially with planning in terms of guidance. Was the guidance that you don't
need a building permit because of the square footage and do not locate it over any
utility easement or any utility.
Plovanich: No, not an easement. Just utility services.
Rountree: And, then, I have a follow up question.
Chatterton: If I could address that, Madam Mayor.
Rountree: My question is the question, not the applicant's response.
Chatterton: It appears that the person that interacted with Mr. Plovanich was on the
building side of things and we really had -- you know, you always hate to see incorrect
or wrong information given out. It does happen. In this case I think it gave us the
opportunity, with as much rigmarole as he's had to go through with this, to improve our
cross-training. This was -- this showed a lack of understanding of some basic planning
principles of someone on the building side of things. So, yes, it was incomplete
information. I believe the rest of the information was accurate, but the lack of
information about the setback made all the difference in this case.
Rountree: And to follow up on side yards, typically is there not a utility corridor in side
yards and subdivisions?
Chatterton: Madam Mayor and Council Member, not always.
Rountree: And is that the case with this particular subdivision?
Watters: Madam Mayor, Councilman Rountree, there are always easements. I think
that may be what you're asking. There are not always utilities within those easements.
Rountree: Correct. So, there is an easement for utility need it be put in the side yard.
Meridian City Council
July 23, 2013
Page 23 of 57
Watters: That is correct.
Rountree: Okay
Plovanich: It was explained to me by Daunt Whitman from the inspection department
that the five foot setback -- part of that is for a utility corridor and he told me at that point
the chances of that ever being used for utilities is somewhere between zero and none.
It will never happen.
Rountree: That's always when it happens.
Plovanich: I understand that. Whenever you say no that's when it become a reality.
And at that time I suggested to him that he have your guys' legal department draw up
the document and I would agree that if they ever needed that for a utility corridor that I
would -- I would either move it or destroy the shed at my own and he said they can't do
that. So, that's why I'm here tonight.
De Weerd: Anything further from Council? Thank you so much
Plovanich: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to offer testimony
on this item? Okay. Council? Anything further from staff?
Watters: No, ma'am.
De Weerd: Okay. Well, Council, I don't know what direction you're going to go, but I
guess I will extend my apologies to the applicant. We know that we are not always
perfect and I see that staff has -- has taken this as an opportunity to help others who
might step in in your same situation. One of the reasons we combined planning. and
building is because we did have some of these disconnects and we continue to learn
where they were. But I guess I appreciate our planning department and our community
development director stating what they have done to help remedy this situation for
future applicants or those that come to our counter. So, it's unfortunate. We appreciate
that you didn't come up here and call us maybe what we could have been called, which
wouldn't have been the first time. So, thank you for your patience and your tolerance. I
would like to personally apologize to you. So, thank you for being here this evening.
Council, what would you like to do? I see no further testimony, no further information
from staff. Would you like to close the public hearing on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on VAR 13-003.
Meridian City Council
July 23, 2013
Page 24 of 57
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I really do appreciate the applicant's patience with the city and I, too,
apologize. No matter how -- what the outcome I think we need to -- to make them
whole. I cannot come up with why a special privilege needs to be granted in this case.
Because of our error we need to do something, but not necessarily provide a privilege
that will set a precedent. I don't know that there is any particular hardship with the site.
A shed could be built on the site from a topographic standpoint. Apparently there is no
-- at least fire safety issues. Whether there is any public health or welfare issues I don't
know. I don't know that the potential easement on that -- in that side yard would ever be
needed. I just have a tough time meeting the conditions we have to meet in order to
provide a variance. We don't provide variances very often in answer the question that's
raised, do all of the other neighborhood buildings in side yards have variances. No.
They are in violation of the city ordinance as well. Unfortunately or fortunately they don't
have neighbors that complained, which is why we get into a lot of these issues. Issues
that could very well be solved amongst neighbors and not here. That's kind of where I
am. I'm inclined to think we need to -- there is some compensation due here for the
incorrect information, but I have a tough time moving forward with a variance. That's my
position.
De Weerd: Mr. Nary, for items one and two in not granting a special right or privilege,
because of -- the city's information was not complete, would that satisfy items one and
two and certainly I think it's not detrimental to the public health, safety, and welfare per
our fire department, but in one and two can that variance be caused because we didn't
give full information?
Nary: Madam Mayor, Members of the Council, you can certainly find -- if that's the
finding of the Council you want to make, I mean we can certainly make that -- we can
probably make that finding. It is definitely a stretch. I mean what Council Member
Rountree is saying is it is a little bit of a stretch to do that. But I do understand where
you're coming from. I mean we have some incorrect information. The applicant did
attempt to do all the right things, he took all the right steps to do that. That's not a
finding we have made -- that's certainly not a finding we have made before, but it
doesn't mean we couldn't.
Meridian City Council
July 23, 2013
Page 25 of 57
De Weerd: Well, I hope this doesn't happen frequently. So, we haven't had the
opportunity to use this before. That's just my offer in an idea, so --
Rountree: I understand.
Nary: And, Madam Mayor and Members of the Council, I mean the hardship because
of the characteristic of the site have always been in the case law always is talking about
the topographical nature of the site. So, you're talking about hills or valleys and holes --
I mean things that exist on the site that are essentially a hardship that the property
owner can't really remedy. And that is -- that's a tough one even based on the
information you have to make that finding based on incomplete information or
misinformation or whatever that is, to make that hardship one for -- to really a good fit,
so --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun
Hoaglun: To comment further on Council Rountree, I have been trying to -- when I first
read this trying to figure out what -- what is it that we can make work. I mean we are
usually pretty good at -- at finding solutions to things and this one is difficult, because
one and two just -- unless there is something we can attach it to this particular property
somehow and -- and Bill could pull something out of his magic hat there that would --
would work and it doesn't look like that's -- that's the case, I'm with Councilman
Rountree, somehow -- I mean that's why when we waive -- when we heard this the first
time we waived the fees, because we made a mistake on this and he shouldn't have to
pay to come before us for a variance when he tried to do all the right things and, again,
I'm kind of the same mind, he tried to do all the right things and just an error, which does
happen from time to time, but not, fortunately, very often. But how do we fix that? If
he's going to have to move the shed or do something -- if there is sprinklers involved
and different things -- I don't know what that would involve, I don't know what the costs
are, I don't know how we would do that, because it's not something we -- in the time I
have been on the Council I have known us to do. But I'm willing to explore that option to
see what are the options, what are the costs and potentially bring something back to the
Council that is a potential workable solution. But I'm at a loss at trying to figure this one
out right here right now.
De Weerd: Well, can it be because the characteristics become a hardship of the site
because of the lack of information? I'm sorry, I --
Hoaglun: I do appreciate the effort, Madam Mayor. You're working at it. I appreciate it.
Rountree: Madam Mayor, the only thing that crosses my mind at this point in time is
that there has been testimony that the building would not have been -- or the shed
would not have been built had they had full information. So, in order to make them
whole and get them back to that point compensation to the cost of the building -- I mean
Meridian City Council
July 23, 2013
Page 26 of 57
I believe we share in this issue, but I don't know that the variance is the way to solve it.
Nor is it an ordinance change that we need to do to solve it. We need to correct an
error, not make more errors.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the compensation part I don't know, we -- if we compensate for every time we
make a mistake we would be compensating quite a bit. I have -- I'm kind of like
Councilman Hoaglun, I wish there was a way we could do something. I was hoping that
Mr. Nary would come up with a legitimate reason to do something. But I certainly feel
the utmost for the applicant.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, would it be all right with the Council if
you past this for a few minutes, give me an opportunity to talk to Mr. Plovanich and see
if there is a way to resolve this and, then, we can come back to it. You have another
item, if you wouldn't mind taking that, if Mr. Plovanich doesn't mind waiting a few
minutes I can visit with him and see if there is a way we can resolve this.
De Weerd: Okay. Council, with your permission I will go ahead and postpone further
discussion on Item 8-D pending your action on Items E, F and G, which are public
hearings.
Bird: That's fine with me.
Rountree: That's good.
E. Public Hearing: MDA 13-011 Touchstone Place by Iron
Mountain Real Estate, Inc. Located South Side of E. Fairview
Avenue and West of N. Stonehenge Way Request: Modify
Certain Provisions Approved with the Recorded Development
Agreement (Instrument #106187189)
F. Public Hearing: PP 13-009 Touchstone Place by Iron Mountain
Real Estate, Inc. Located South Side of E. Fairview Avenue and
West of N. Stonehenge Way Request: Preliminary Plat
Approval Consisting of Sixteen (16) Multi-Family Lots and Six
(6) Common Lots on Approximately 4.38 Acres in an Existing
R-15 Zoning District
Meridian City Council
July 23, 2013
Page 27 of 57
G. Public Hearing: CUP 13-003 Touchstone Place by Iron
Mountain Real Estate, Inc. Located South Side of E. Fairview
Avenue and West of N. Stonehenge Way Request: Conditional
Use Permit Approval for Sixty-Four (64) Multi-Family Dwelling
Units in an Existing R-15 Zoning District
De Weerd: Okay. I will go ahead open the three public hearings on Items 8-E, F and G
on MDA 13-011, PP 13-009 and CAP 13-003 with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is Touchstone Place Subdivision. The applicant is here this evening to discuss
a preliminary plat, conditional use permit, and a DA modification to develop a 64 unit
multi-family development. This property was annexed and zoned and preliminary
platted and received conditional use permit approval in 2006 fora 48 unit multi-family
development. At that time it was approved with the R-15 zoning designation that you
see before you. Currently the site is located on the south side of East Fairview Avenue
just east of North Stonehenge place. Surrounding the property we do have residential
development and commercial development. One thing that happened since this came
through before you in 2006 was a small sliver or a remnant parcel was split off from this
property. As Council is aware over the few -- past few years there has been an
economic decline in the valley and this property was hit this way and so what happened
was we have a new developer that bought the property from the bank. During that sale
of this property somehow this little sliver was split off from this piece. I have been
working with the applicant to make sure the property does become whole. The plat that
will be presented to you this evening does contain the sliver piece. He is in the process
of closing -- he has actually closed on that property, so he has regained ownership of
that. So, we do have a preliminary plat that is whole this evening and I wanted to show
it to you here and that's the sliver that I'm talking about that got split off in 2006 was this
remnant piece. So, issue number one has been checked off the list for you this evening
as well. The applicant is proposing a 16 lot residential subdivision. Back in 2006 there
was a development agreement that was required. Under that development agreement
the site is restricted to 48 units and two residential lots or two buildable lots. So, with
the applicant's proposal this evening they are requesting to modify that to allow the 64
units and to allow 16 buildable lots. The site will also consist of six common lots here
and you can see those in green as well. One of our recommended conditions is that
this become a common lot within the subdivision and be landscaped in accordance with
this side of the common lot, basically the driveway. In speaking with the applicant
before the meeting tonight it is their preference to leave this as a nonbuildable lot for
such time as maybe -- because we do have an Ada county parcel to the west of it that
may develop and annex into the city at some point in time. It may be their desire that
they sell that to that person in the future or at least keep that option open that it could be
developed by somebody else in the future. They have committed to at least
landscaping that and greening it up, so that you do have a consistent streetscape into
the development from Fairview. With the preliminary plat only a small segment of street
is being constructed into the site and that's located along the southwest corner of the
project. Along the south side of that street will beaten foot multi-use pathway
Meridian City Council
July 23, 2013
Page 28 of 57
consistent with the city standards and, then, a common drive access easement will be
tied into Fairview here. The original proposal in 2006 had a public street coming
through the project -- bisecting the project and, then, tying into the stub street to the
south. In working with the applicant and ACHD they were okay with that requirement
going away and just providing a new stub street to that western commercial property
and having a curb cut or access drive from Fairview. I would mention to Council that
the applicant is providing cross-access to both parcels. There is an animal care facility
that's developed on this site. In 2009 that property did redevelop and provided an
addition. With that approval Council did require that cross-access be provided when a
driveway was provided to their boundary. One of our recommended conditions to you
this evening is that the applicant construct across-access drive across this common
drive and provide connectivity to the animal care facility. Of course that would require
them to work with them in an appropriate location and, then, on the west edge of that
driveway the applicant only has to grant the. access across both properties. So, if and
when that county property annexes into the city, one, we prohibit additional access
points to Fairview Avenue and we provide a means for this property to have connectivity
to the applicant's driveway. Here is the landscape plan that the applicant is proposing
this evening. Again, you can see the 16 four-plex units. The open space is pretty
minimal for the site. The UDC only requires 16,000 square feet based on the number of
units. The applicant is providing in excess of that. The majority of the open space has
been provided with the central open space lot here. This is in excess of over 12,000
square feet. It consists of a tot lot, a gazebo area. There will be some outdoor fitness
equipment on the lot as well to provide an amenity and, then, of course, the extension of
the ten foot multi-use pathway along the common lot here and, then, the interconnected
pathways to Fairview Avenue. Here are the elevations the applicant is proposing this
evening. A mix of siding materials, wood materials, stone wainscot. In the conditions of
approval staff and Commission have recommended that they provide a second
elevation within the development to provide some more variation for you. Staff and
Commission have also recommended that additional windows be provided on the site
elevations. The applicant is in agreement with those conditions as well. This
application is coming before you with a recommendation for approval from the
Commission from the June 20th hearing. Testifying at the hearing was Kent Brown and
Jeremy Amar. Both of those applicants were in favor of the project. There were two
surrounding residents or property owners to the east and south that testified. Their
primary concern here with the development was there wasn't enough screening or
privacy to their residences, because these are all two story units. The Commission felt
it was appropriate that they add additional screening or landscaping would be the best
way to handle that. I would mention to Council that there are quite a few mature trees
along the west boundary of the site that the applicant has to mitigate for. So, staff
anticipates with their final plat or even with the development of the four-plex lots the
applicant will probably have to add quite a bit more trees on the site to mitigate for the
loss of those trees as well. Items of discussion at the hearing were, basically, as I
mentioned, the additional landscaping along the east and south boundary requiring --
one thing I failed to mention was one of the requirements was the applicant was
required to provide a PRV station or pressure reducing valve station on -- for the
development. The applicant felt that was a burden that they didn't need to carry on
Meridian City Council
July 23, 2013
Page 29 of 57
such a small project. At the hearing they tried to explain that to Commission and they
spent quite a bit of time on whose responsibility it was other for that station. And, then,
also the other item we discussed in quite -- in detail was the inclusion of the Morgan
property of that sliver strip that I mentioned, that spite strip and, again, that's been
included. The only recommendation that came out of the hearing before you or change
to the conditions of approval -- originally staff had recommended that they provide a
gabled roof style carport within the development. After meeting with the applicant and
looking at the multi-family developments throughout the country and in the valley, it was
clear that flat sloped carports are -- actually blend into the development and provide a
better esthetic for multi-family developments than having a pitched roof. So,
Commission felt that same way as staff and recommended that we -- they strike that
provision from the conditions of approval. So, really, the only outstanding issue for you
-- the sliver has been corrected. The only thing staff is requesting this evening, at the
request of Public Works, is that we strike DA provision number 13, which references the
construction of the PRV station and -- and, then, we want you to have -- have Council
modify condition 2.3, which states the same thing as the development agreement
modification -- the DA provision. And, then, we want it modified as stated in the hearing
outline this evening. I won't read it in detail. Public Works can get pretty lengthy on
their conditions of approval, so I will let you take a moment to look that over. We have
sent it back to the applicant. He has read it over. He is in agreement with that new
stated condition that I have in the hearing outline before you this evening. That
concludes my presentation and I stand for any questions Council may or -- may have.
De Weerd: Clarence, are you going to let him get away with that? Council, any
questions?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: You have mentioned it, but I would only add a little bit. In -- in the upper right
corner -- the northeast corner. You mentioned the animal care facility and stated that it
would be nice to have across-access easement there. I believe it was a requirement of
theirs that they must use this and their access to Fairview will be lost as soon as this is
available. So, I'm sure they will cooperate, since their conditions are they will no longer
have access to Fairview. So, I just wanted to add that in there, so --
Parsons: Madam Mayor, if I may elaborate. Councilman Zaremba, you stated that
correctly. When that clinic came through they did appeal staffs recommendation for the
cross-access -- or to construct across-access driveway. The applicant is aware of
that. I have given them that agreement that the vet clinic enter into with the city to
require that connection. So, as I mentioned in my -- my staff report to you, the applicant
is required to build the driveway to that property. So, they have to grant cross-access
and build a driveway and the city will be required to send the vet clinic a letter saying it's
Meridian City Council
July 23, 2013
Page 30 of 57
time for you to close your access and you use that has your driveway or you pay us
7,000 dollars. That's how the agreement is written at this point with the vet clinic.
Zaremba: Thank you.
De Weerd: Okay. Mr. Rountree.
Rountree: Madam Mayor. Bill, on that subject, then, is that portion or all of that public
roadway or is just a portion of it going to be private or what's the situation?
Parsons: Madam Mayor, Councilman Rountree, the only private segment is located in
the southeast -- the southwest corner here. So, basically, it comes in, turns 90 and
stubs to the commercial property to the west. This is, basically, a common lot within the
development. So, it is a common -- a shared driveway. It's a curb cut. Commercial --
basically aresidential driveway. So, it's not public. The applicant will have to grant
access or right to use that and he's conditioned to do so in the DA and also a plat
condition.
Rountree: And you meant the corner piece is public, not private? You said the only
private was down in the corner.
Parsons: I'm sorry. I mean public
Rountree: Public. Yeah. Okay.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Madam Mayor. And, Bill, any signage, though, directing traffic to this new
driveway to get to the vet clinic, though, that would be up to the developers whether or
not they could put that signage on there through the city process? Can you explain to
me how that might work?
Parsons: Madam Mayor, Councilman Hoaglun, I think the applicant already has
signage along Fairview. It's certainly a question that should be worked out between this
developer and the vet clinic. Typically we don't allow off-premise signage on someone
else's property.
Rountree: We do.
Hoaglun: Which, Madam Mayor, is true, but when we -- we move the driveway and
everyone who -- their customers and also we move them, I don't know, it's -- I ask
where the applicant is about -- about that, because it makes for an interesting scenario,
especially when we are dealing with other cases where if we go on -- were to go on the
Meridian City Council
July 23, 2013
Page 31 of 57
half mile how do you -- how do you make that work, which we have tried to do in some
places, but others didn't want to play ball, so --
Parsons: Madam Mayor, Members -- Councilman Hoaglun, (certainly -- if that access
is closed off they could certainly apply for a limited duration sign saying new interest --
entrance off of the driveway to the left or however they structure it. But I think we have
something where we could at least work with the applicant and at least make it clear to
folks that their entrance is now located to the west.
Hoaglun: Thanks, Bill.
De Weerd: Any other questions from Council to staff at this point? Okay. Hi, Kent.
Brown: For the record, Kent Brown, 3161 Springwood, Meridian, Idaho. I think Bill
covered almost everything. One of the things I would like to point out in our site is as
you look at the location of where those four-plexes are on our east and southerly
boundary we have tried to rotate them and move them such so that as we abut our
neighbors that we are not right behind those units. You can kind of see how those are
kind of centered on the property line versus being right behind the ones there on the
east. That's the ones in the corner it's at an angle so that it's not looking directly at
them. We actually turned the one that's next to Sandlin Street there, so that they have
got the side of the building. Really, the one -- there is three units on the south. That
one in the middle is the one that came up in the Planning and Zoning discussion. We
are required to have 14 feet I believe, Bill, and we are at 20 feet, so we felt that we
could adequately buffer our neighbors. Another interesting thing is that our neighbors
along the easterly side, their fence is currently located ten feet within their property line,
so they actually have ten additional feet than they really thought that they had, which
makes their backyards that much bigger and, then, we are 20 feet from there. So, you
know, we think that we have done the right thing in how we have located them and by
moving those as close as we could and a lot of that was able to take place by not
having the public street run through the site, which would have -- and which did impact
the previous application that was in here. These are for sale units versus the others I
believe were condos and so that's -- and they had garages. So, this is a much different
-- different plan. With the two elevations we have four different color schemes for each
of those buildings, so it's not what I would consider the vanilla developments that you
see a lot of these multi-family developments family neighborhoods being and we are
excited to get our construction plans and be back before you with a final plat. I'll stand
for any questions you might have.
De Weerd: Council, any questions?
Bird: I have none.
Rountree: I have none.
Hoaglun: Madam Mayor?
Meridian City Council
July 23, 2013
Page 32 of 57
De Weerd: Mr. Hoaglun.
Hoaglun: Just a quick question to Kent that I posed to Bill about -- in this case
temporary signage, because we don't allow off-premise signs, but if we do move their
driveway would that be a problem for a temporary notification to say here is how you get
in here now?
Brown: No. My client says that that's fine. We are going to have to -- in that corner is
Settler's ditch, so we are going to have to be somewhat sensitive to them as to where
we put that and the type of sign that would be there. It really is moving their entrance
30 feet, something like that. So, that temporary sign we are more than willing to work
with them on that.
Hoaglun: -Thank you, Kent.
De Weerd: Any other questions from Council? Okay. Seeing none, this is a public
hearing. Is there anyone who would like to offer testimony on either of these three
items? Anything further from staff?
Parsons: No, Madam Mayor.
De Weerd: Thank you, Bill. Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on MDA 13-011, PP 13-009 and CUP 13-
003.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-E, F
and G. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion on Item 8-E?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MDA 13-011 and include all staff comments and applicant
comments.
Meridian City Council
July 23, 2013
Page 33 of 57
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 13-009 and to include all staff and applicant comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-F. 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 CUP 13-003 and include all staff and applicant comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-G. 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 23, 2013
Page 34 of 57
D. Public Hearing: VAR 13-003 Plovanich by John Plovanich
Located at 983 E. Tuweep Street Request: Variance to UDC 11-
2A-3D.3, Which Prohibits Accessory Structures From
Encroaching into the Required Side Yard
De Weerd: Okay. We will move back to go our previous item, Item 8-D, and ask Mr.
Nary for comments.
.Nary: Thank you, Madam Mayor, Members of the Council. We have discussed this
with the applicant and discussed this with the Planning Department and the findings that
you were primarily concerned with is the special privilege or right. I think both the
Community Development Department and myself are very comfortable that we aren't
really granting a special privilege or right, we are trying to correct an error that has
occurred. So, I don't think that's a problematic issue. On the second one on the
topography of the site, some of the existing -- the reasons that -- concerned about
moving it from the applicant, moving the shed to another location, this isn't a typical
backyard for like a lot of homes, there is some topography that's already existing, so it's
not like the applicant created his own hardship, which is my number one concern in
these types of cases. A lot of them both not only the sprinkler system exists, which is
fairly common, but there is some berming and there is some other landscaping and
such that's been already installed that wasn't his doing, that was already existing. We
have had that circumstance come up in these situations where we have not held it
against the property owner for having existing structures -- existing construction,
existing parts of either their home or their yard, that they didn't create the hardship and it
is a hardship in which to move it, whether it's a financial hardship, as well as an esthetic
hardship. So, I think that's adequate based on our prior history that we can make that
finding if you're comfortable with that as well that we could move forward and grant this
variance without us creating a precedent that every house in the neighborhood or every
house in every neighborhood is going to end up with a side yard shed in it. I think in this
particular circumstance it really does -- it can fit the variance requirements.
De Weerd Thank you, Mr. Nary. Any additional questions from Council?
Rountree: I have none, Madam Mayor. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would move that we grant Item 8-D, variance 13-003, with the
understandings as explained by legal counsel for the three criteria for a variance and
the understanding that the applicant will put rain gutter on the existing shed.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
Meridian City Council
July 23, 2013
Page 35 of 57
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, sir.
Rountree: Councilman Bill, thank you. John, appreciate it.
Zaremba: Sorry for the heartburn in between, but thank you.
De Weerd: And thank you to staff for sticking with it.
Item 9: Department Reports
A. Mayor's Office: Appointment of Charlie Rountree to the Ada
County Air Quality Board
De Weerd: Okay. We will go ahead and move to nine, Department Reports.
Council --
Zaremba: Madam Mayor, oddly enough, I need to recuse my from 9-A for a conflict of
interest. I can explain that if you wish.
De Weerd: You know, I don't think you really benefit anything by this appointment.
Rountree: You get a lot with this --
De Weerd: Yeah. You get grumpy here. So, if you want to abstain from the vote you're
certainly welcome to do that, Mr. Zaremba.
Zaremba: I will stay in place and abstain from the vote.
De Weerd: Okay. Council, in front of you is the appointment of Councilman Rountree
to the Air Quality -- or the Ada County Air Quality Board. As you know for a number of
years we have had Councilman Zaremba as our representative. He has taken an
interim position that has made it impossible for him to wear two hats on the Air Quality
Board and I have in front of you the appointment of Charlie Rountree to serve as City of
Meridian representative.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
July 23, 2013
Page 36 of 57
Hoaglun: I move the appointment of Charlie Rountree to the Ada County Air Quality
Board.
Bird: Second.
De Weerd: I have a motion and a second. Madam Clerk, will you call roll.
Rountree: This is not necessarily an occasion that you should vote for yourself, but I
will. Aye.
Holman: And Councilman Zaremba will abstain?
Zaremba: Yes, I abstain.
Roll Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea.
MOTION CARRIED: THREE AYES. ONE ABSTAIN.
De Weerd: And, Councilman Rountree, thank you for agreeing to serve.
Rountree: Looking forward to it.
B. Community Development: Meridian Road Interchange Design
and Aesthetic Elements
De Weerd: Item 8 -- or 9-B is under our Community Development Department and I will
turn this over to Brian.
McClure: Madam Mayor, Members of the Council, thank you. I am --just so you know,
subbing in for Caleb tonight. If I -- I'm having to make some assumptions here, so if I'm
unclear or confusing feel free to interrupt me. I am here tonight to discuss the Meridian
interchange with you. Again, just kind of -- what conversations we have had occurring.
I will just briefly kind of cover the history and some of the decisions that have been
made and, then, ask you for some guidance on next steps. Approximately two years
ago the Mayor created a task force with the goal of basically funding the interchange
and, then, getting it constructed. The funding had occurred and currently the
construction is being designed. After the funding was approved the task force that the
Mayor created was basically moved into kind of a design assistance role where they
worked with the state and design consultant to decide everything from pathways,
configurations of the interchange and some of the more esthetic features of the
interchange. After the task force kind of vetted through that concept it was brought
before Council a number of times just to kind of get your interest on it and generally
move forward from there. Just to as a refresher, this was the original concept created
through the task force. These are the plan view and this is an elevation. The good
news here is that the state has agreed to some esthetic improvements over their
baseline. Their baseline was a little sparse, but they had since then agreed to do some
Meridian Cily Council
July 23, 2073
Page 37 of 57
landscaping upgrades in the islands. Rather just have purely hardscape, for example,
they are going to have some landscaping in the porkchop islands on the deck. They are
also doing some lighting outside of the original scope and making some of the pathway
and connection improvements. Over the past few months negotiations -- negotiations
have been occurring between the city, ITD, and the design consultants and we are at
the point now where some decisions have to be made to continue to move forward.
What you're seeing here on the screen is the consultant's kind of concept taken from
our original one. A number of things have changed here. The landscaping is brought in
a little closer to the actual ramps. They have also added some landscapes to the ears
immediately adjacent to the actual interstate itself as you're approaching the bridge
going east and west and this is an elevation concept. One note here as you will see the
parapet on top of the interchange, the band running along the entire top of it, is not
going to be colored.
Hoaglun: Madam Mayor, Brian, is that the outer parapet?
McClure: That's the outer parapet. Correct.
Hoaglun: Thank you.
McClure: Some recent decisions that have occurred involved the stamping of concrete,
so they are going to not only do the open landscape upgrades, but they are also going
to do some hardscape upgrades. The landings will have not just concrete as you see
on Eagle now, but it will be stamped. They are also going to be stamping some of the
large open areas that no traffic drives on, but it's still part of the deck. If you're familiar
with the Vista interchange. There are some very large areas of that bridge that do not
have anything on them, it's just kind of cordoned off by an extruded curb. This bridge
will actually have that raised and be stamped. They have also decided to do some nicer
maintenance pullouts. We have discussed this with parks and on their direction they
are going to be building into the larger porkchop landings on the deck, rather than on
the ramp. There has been some form land decisions in terms of what the actual
abutments -- concrete walls will look like. The state has agreed to allow us to attach
some additional artwork to the abutments in the future and they have agreed to do
some irrigation and landscape design, which is kind of one of the reasons we are here
tonight -- I'm here before you tonight. I'm going to -- this is a quick summary of the
things I need to kind of get some guidance from you on and, then, I will touch on this
one individually. The coloring of the concrete is specifically on that abutment of the
bridge and, then, the central pier on the bridge the only ones to be colored or not.
Landscaping materials is just trees, shrubs, and rocks in the area of outside of the
islands on the deck. So, the kind of four quadrants in the corners and, then, also
immediately adjacent to the interstate. So, as you're driving east and west kind of that
area that's level would be the roadway. The inside parapet wall, there is a treatment
design there. Funding -- and this is a little separate, but it's not as immediate, but
funding for the barrier artwork, just you guys are aware that that's a need. And, then, a
well for the sprinkler system and irrigation. In terms of coloring, this is what the bridge
looks like at the baseline at this point. You can see the textured areas on the bridge,
Meridian City Council
July 23, 2013
Page 38 of 57
they are all basically your standard gray color. These are the areas highlighted here
that could be colored basically. As I mentioned earlier, the parapet wall on the outside
cannot be colored, but the areas of the abutment on the lower left and in this area can.
But the gray area --just the -- the darkened gray areas is just to illustrate that it can be
colored and the colored has not been determined. Coloring for the abutment in the
central column tier will cost approximately 43,000 dollars. As I mentioned, the colored
hasn't been determined and the parapet cannot be colored. In terms of landscaping
materials, there is really only two -- there is really two areas we are kind of looking at
right now, the enhanced landscaping in the red areas, that would be the addition of
trees to take an otherwise kind of remnant piece and make it look more of a natural
scene in these areas immediately adjacent to the interstate in the yellow outlined areas.
While there are some landscape proposed down there, these features here are the
rocks. This is a slide -- I'm not trying to sway you necessarily, but I want you to
understand the importance of it. The area along the interstate is very high visibility and
it will not be irrigated per se like Ten Mile, it will be more like Vista where it's adry --dry
grass mix. This here was to be just that. The consultant suggested that if we put rocks
here it would look more like the end of the canyon wall, which was kind of the original
concept where you have an exposed kind of stamped concrete that's supposed to
represent the canyon wall and the rock at the bottom would be sort of the stuff that's
come loose and fallen away. It's certainly not required, but it is very high visibility. So,
just because it's not huge trees (wouldn't -- I wouldn't dismiss it. So, here we are
looking at basically the well and landscape for a total of approximately 200 to 250
thousand dollars. If it is decided and committed to now, if the city says, yes, we will do
that, that could be included in the design by Parametrics and the state will fund that. If
we do not do it now we will have to do that later on our own. In terms of the rock, it's a
lot of rock. You will see there they find the baseline created is approximately 330 yards
of large boulders, those are three by three by three, 74 yards of smaller boulders,
approximately one by one by one and 400 yards of riprap. That's the kind of remnant
material from creating stuff like perma bark. So, rather than just have a uniform rock
that's all the same size, riprap is anywhere from a few inches to a foot and so you get
more of a -- kind of an unnatural feeling there. The price for the baseline kind of original
concept there is 77 to 204 thousand. Those estimates came from Rock Placing
Company over on Franklin and International Stone. There are a few variations that
could be explored if there is interest in doing so, but not to that extent. The price
estimates came in lower, but they haven't necessarily been vetted through the design
team yet and just -- there is kind of an awareness that some alternative could be
explored. One other point here is that the 250,000 dollars includes the well and I will
touch on that again later, but just so that it's clear. So, the parapet wall underneath here
that is what you see driving on the bridge, was adjacent to the parapet walkway. Those
are the areas highlighted in the yellow there. There is two options here or nothing,
basically. A form liner here is going to run approximately 5,000 dollars in upgrade and
the rock panel that is kind of the lick-and-stick is approximately 50,000 dollars.
De Weerd: Lick-and-stick. Why on earth do they call it that?
Bird: That's what it is.
Meridian City Council
July 23, 2013
Page 39 of 57
Rountree: That's what the trades call it.
De Weerd: You're going to lick it? I -- yeah.
Bird: Madam Mayor?
Zaremba: The visual.
De Weerd: Mr. Bird.
Bird: Brian, that lick-and-stick, is that quite maintenance heavy, the way they -- the way
they put that up? I know they use a cement seal, but it looks like to me that it could be
been quite a maintenance problem. Maybe Mr. Rountree knows. I don't know.
McClure: I think, Madam Mayor, Councilman Bird, my biggest concern here would be
graffiti, less so maintenance. It was an extremely high visibility, though. I don't know if
-- that is a target, if that's what you're concerned with, but I don't know.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I think along with Mr. Bird's concern Iwould -- I would add that these are very
high vibration areas and an application like that, no matter how good the masonry work
is, I would see those starting to fall off at some point. I just -- even if only one or two of
them did I worry about that. I think I would want to have either a mason or an engineer
tell me that that's okay.
McClure: Madam Mayor, Councilman Zaremba, these aren't stones per se, they are
panels and a whole panel would have to come off and this is at the recommendation as
an option by the engineer.
Zaremba: All right. Thank you.
De Weerd: And that form liner is similar to the -- what is on the wall on the structure
itself.
McClure: Madam Mayor, that form liner is identical to the one on the wall. We could
explore a different form liner. That was just a default one.
De Weerd: Okay.
McClure: Another consideration here of the cost of the barrier art work that's on the --
we don't have estimates for this. You earlier tonight approved all three of the ones --
approved three designs moving forward to public comment tomorrow night at the open
Meridian City Council
July 23, 2013
Page 40 of 57
house and, then, additional public involvement with the city. But we don't know how
much those are going to cost. The original concept that the task force created was
estimated at approximately 15,000 dollars, but that could vary and I'm not really sure
how much or where.
De Weerd: Hey, Brian, as part of the public comment is this going out for comment, as
well as what the selection committee talked about?
McClure: Madam Mayor, the ones the selection committee discussed tonight will be
printed on boards first thing in the morning and put up at the open house tomorrow.
De Weerd: But I mean that -- wasn't this design also supposed to be part of that
comment?
McClure: Madam Mayor, no, it's not. It was -- it was decided at some point to do an
RFP process and because of that involvement this is not allowed to be considered.
De Weerd: Oh.
Rountree: Though I would think at some point in time we could.
Bird: That's what ITD is with art.
De Weerd: I'm beginning to hate art. Just saying. Okay
McClure: Lastly, here is the well. Previously -- I have been told anyway -- that
Council's general direction was if alternative to potable water was available to use that.
Currently an alternative is not present, but it has been decided that well water is
available. That 250,000 price point I gave you for landscaping included a well and it is
assumed, guesstimated, estimated that the price of the well would be around 100,000
dollars. This is mostly just to double-check here. I have been told previously we were
supposed to do the well, but we wanted to verify it. Just as a point of thought, if we do
have a well, the potable water would still be connected and be used as a backup source
of water. So, if the well for some reason didn't work we could still default to potable
water for irrigating of the landscape.
Hoaglun: And, Madam Mayor, this is more a question for Clint. I'm sure there is a
backflow preventer device on that, too; right?
Dolsby: Madam Mayor, Members of the Council, Councilman Hoaglun, yes
Hoaglun: Okay. Just checking.
De Weerd: Brother.
Meridian City Council
July 23, 2013
Page 41 of 57
McClure: If Council does move forward with the landscaping the well will not be
designed, but the system will be designed to make use of a dual use system and so
there will be backflow precautionary measures installed with it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Clint, is this cost for the well -- this is just going to be an irrigation. How deep are
we going out there? And does this have anything to do with our water rights or well
rights?
Dolsby: Madam Mayor, Members of the Council, Councilman Bird, I'm not familiar with
the design of this particular well. I could look into that and get back to you with an
answer. The depth, obviously, would depend on what impact, if any, it would have on
the water rights.
McClure: Madam Mayor and Councilman Bird, parks has done the initial investigations
to determine what water rights are available. They expect that water rights are available
and that we can acquire those, it just has not occurred yet. This is not an existing well,
we would have to go out there and drill one, assuming we can get the water rights.
Siddoway: Madam Mayor, I don't have a lot to add, but I would say it is an irrigation
well. It has not been designed, so we have no idea how deep it needs to go. So, the --
the number that is being thrown out is very -- is just -- is a guess without a design. It
needs to be engineered and designed by a qualified engineer in order to really know.
The water rights have been looked into. I believe it's been determined ITD does not
have water rights currently. In order to drill a well there would have to be water right
rights that Public Works has transferred to that location to be -- to be used.
Bird: And, Madam Mayor, follow up, please. And is that a good way to use our water
rights to put it in for an irrigation well when water rights are getting tight? I -- evidently
we haven't talked to Public Works to find out this kind of stuff. I can't see putting in an
irrigation well using potable water well rights.
Siddoway: I think it warrants discussion.
Dolsby: Madam Mayor, Members of the Council, Councilman Bird, yes, I agree it
warrants some discussion. We need to figure out what depth we need to go to, what
impact, if any, that would have on the aquifer that we tapped into for our potable water.
You know, it might be a case where we don't have to drill a well that's nearly as deep
and it might pull out of a different water source altogether, which could be fine for
irrigation. But I think if we met and coordinated this we could -- we could get to the
bottom of it.
Meridian City Council
July 23, 2013
Page 42 of 57
Bird: Madam Mayor, follow up then. Clint, as I understand you, then, if we don't have to
go too deep for just the irrigation well, then, we don't have to use the water right; is that
right?
Clint: Madam Mayor, Members of the Council, Councilman Bird, I don't think we would
be using the same water right, but we could use a water right. I would have to look into
that to see exactly what rights, if any, we would utilize for that. But we could very well
be pulling out of a different aquifer, so not tapping into the same water source.
Bird: Okay.
McClure: Madam Mayor and Councilman Bird, just -- Public Works has been involved,
but this has been a very preliminary high level kind of can we do it, not a should we do
it.
Bird: Madam Mayor. But we are throwing out 200s and 250. Is that going to cover it?
We are throwing out these dollars, but are we going to cover the well for that/ Don't
know because it hasn't been engineered.
McClure: Madam Mayor, Councilman Bird, just as a point of clarification the well is
estimated to be 100 and 150 thousand dollars. The other 100,000 dollars is estimated
to be the landscape portion that the city would have to fulfill there. So, it's kind of on a
month in there. It wouldn't be 200 -- 200 to 250 dollars for the well.
Bird: Well, that's a pretty cheap well. We better get going that way
De Weerd: I guess I just have -- maybe it's a dumb question, but it's not a sideways
one, Councilman Zaremba.
Zaremba: They are the best kind.
De Weerd: This -- this runs right by an irrigation ditch. Is there not any way we can do
pressurized irrigation in this area and -- and Imean -- and use a water right to -- to
utilize water that's already there, rather than a well?
Dolsby: Madam Mayor, Members of the Council, that makes prefect sense to me as
well. If it is in the irrigation district and there is a canal right there we could use the
irrigation water to irrigate it, assuming it's in the district. I mean I don't see why we -- we
could pursue that as an option as well and have potable as a backup -- as an alternative
option, assuming it's in an irrigation district, which we would need to confirm that it's, in
fact, in the district. But that would make perfect sense to do it that way.
Rountree: Madam Mayor, maybe I can clarify this discussion. All of those things were
brought up when irrigation was brought up. There is a water source -- a surface water
source that runs right through this quadrant. There is no water right that ITD has to
utilize that at this point in time. We don't know whether Nampa-Meridian would allow us
Meridian City Council
July 23, 2013
Page 43 of 57
to use it. So, it was decided let's move forward with the well, because we know we can
do a well, just for estimation purposes. We also looked at utilizing the surface water
and/or well that Nahas was using on the north side and that got a little more convoluted
with having to share facilities and their facilities may not be adequate to even handle
what they have, let alone what this might require. There is a possibility of doing
something with the park on the south side, they, we believe, have a water right and they
do have a pump site there and that has not been explored, but it's been talked about
with -- with the operator there, whether or not that could be brought in. There is a
question of what happens with that plus or minus five to six acres where the current
loop ramp is, whether or not that will become surplus property. If so where will it go?
Will it go to one of the adjacent property owners as part of the right of way negotiation or
will it come to the city? Those questions are still there and they certainly need answers,
but it's -- the right of way negotiations are still undergoing last week when we talked
about this. They were just bouncing some cost numbers off of the hotel and the
restaurant and I have not heard any responses in the right of way negotiations where
that's going. That could very well be a sticking point for a lot of the things we are going
to attempt to do there and things we might want to try to partner to do. But, yeah, there
were a number of discussions on how do we get water to do this and how much water
we might -- I will point out that -- Keith, that -- and this is probably not in the same
aquifer and is downstream from this site, but at Ten Mile we have a well that irrigates
Fuller Park. It's about 150 to 180 feet deep and it's got more water than we can use
and we are irrigating 26 acres with it. So, the water is there and it's fairly shallow, so we
are not looking at one of our multi hundreds of thousands of dollars domestic potable
water wells that we are building all the time.
De Weerd: I don't think Ed Squires knows how to build it any different, so -- so, really,
the price we are talking is kind of worst case scenario and as we look further into it to
see what options we have to consider, then, that could -- that price could go down.
McClure: Madam Mayor, I'm not sure I would say worst case. I think it was felt it was a
reasonable estimate based off of a wide variety of options that are still on the table, but
they need something to move forward and for a preliminary commitment I think they felt
that this price was -- was suggesting and -- but I definitely wouldn't say it was a worst
case. And just as a reminder, we have potable water there if there is a divorce case.
De Weerd: That would be worst case.
McClure: I would concur. I don't exactly know what the worst case is I think this was
developed as a best guess. It is less expensive than the enhancement we showed for
the 77 acres well, but a lot of the costs in that well were due to a large run of power that
needed to happen. There is power that would be immediately adjacent here and it
sounds like it wouldn't need to be a very super deep well and so that is --that is the best
guess that we have at this time without having it engineered and it does need to be
engineered to get a real number.
De Weerd: Okay. Thank you
Meridian City Council
July 23, 2013
Page 44 of 57
McClure: So, this slide here is, basically, a summary of the things we discussed. I want
to point out two additions there. One is the median island stamped in red at the bottom
and the other one is the art piece on inbound abutment walls and just -- that's another
point of clarification. Inbound could be inbound and outbound. It could be on both sides
of the bridge on -- it could be -- you can see it on the left and right from the bridge going
east or west. So, you could have all -- you could have potentially four pieces of artwork
or two just on the inbound directions. Both of these are to be determined. The median
islands stamped color was something that was raised today. I believe some of you
have been able to comment on some of these stamps before. Not only have they
raised the question of color, I talked with Parametrics today and they said that the
median in the other areas that are stamped with concrete could be colored, but it would
be at our cost. They do not know yet what that is, but if it is of interest to Council we
could have that colored as well. The art piece on the inbound abutment walls would be
significantly -- it would be above the norm certainly for artwork on bridges. It's not just
something attached to the bare rail, it would be something significant. We haven't done
anything with this yet, other than to basically ask that we could do it and this is to let you
know that in the future we may be asking to do that. Otherwise, you will see a running
tally of costs there and ranges. One last note would be the design of the irrigation
system and landscaping at the top. That is something that ITD has agreed to do for the
entire site if we commit to doing landscaping. If we do not commit to doing landscaping,
then, Parametrics will not be released to do some of the design in these other areas for
us. So, those other areas will be the out -- the four corners on the outside and, then,
the areas immediately adjacent to the roadway.
De Weerd: Okay. Council, I think staff is looking for direction on these items. Certainly
Caleb about a month ago had mentioned that this would be coming back to you in terms
of discussion and we know that the design and construction are on the fast track and so
certain decisions have to be made so they can be included in the design. It's going to
be much more expensive if these items are decided on later.
Hoaglun: Madam Mayor -- and refresh memory, Brian or folks up here, the coloring
dyed concrete using form liner, I don't recall we did any coloring on the Ten Mile
interchange. I mean we have artwork, but I think everything is a basic -- basic gray.
Brian, did you --
Rountree: That's correct.
Hoaglun: --anybody -- I was just driving there looking at the artwork the other day and I
don't recall any other color.
Bird: No.
Rountree: It's just plant mix.
Meridian City Council
July 23, 2013
Page 45 of 57
Hoaglun: Plant mix for the landscaping and, then, the -- the structure itself is just a
basic --
Rountree: It's all gray
Hoaglun: -- concrete gray, so -- and with the artwork it looks fine. There is no -- nothing
stands out, although the artwork looks nice. I like what was done there.
McClure: Madam Mayor, Council Hoaglun, just one thing to consider is the artwork on
that bridge I think you're referring to the family, that's part -- that's a form liner on the
bridge. The artwork we could potentially be looking at on this interchange would be
something attached to the abutment, so it could be 3D and actually come off the wall.
Just FYI.
Hoaglun: Right. Thank you, Brian. Yeah. I recognize that. It's a little different than
what we are planning for this one, but -- but for the color I was just trying to visualize
this facility or this structure being similar and do we need color on something like that,
Madam Mayor, because if my calculations on the high end are correct, we are already
at basically a half million dollars without the median island stamped and art piece,
including steel hangers, so -- and that's on the high end. Best guess.
McClure: Madam Mayor and Councilman Hoaglun, just as a reminder in case it wasn't
clear, the -- the blue item on the top would be borne by ITD.
Hoaglun: Correct. But if we go to the 250, plus 50 for parapet, there is 300. The 104,
there is 404.
Bird: Forty-three there.
Hoaglun: And, then, another 43, plus another 15, so we are getting close that half
million dollar mark, so --
Rountree: Madam Mayor, I will throw out -- starting from the bottom going up, the art
piece on the inbound abutment walls or the outbound, whichever, that really is
something that would happen in the future. If, in fact, we wanted some art pieces put
there ITD has agreed to not put steel hangers, because those mechanically stabilize
walls or panels and they do shift, so you don't want something tied to a poured in steel
hanger that's going to potentially shift. So, they have agreed that if, in fact, we want to
do that at some point in time that can be done by drilling and epoxy grouting some kind
of a fastener. So, to me that's -- that's probably something that can come off the list.
The median islands stamped color -- how many of you know that there is median and
side strips on the connector that are stamped color? None of you. You can't see it.
After the first two or three months it's covered with grit and dirt and dust, you don't see
it, so I would say that's probably something we don't want to spend any money on. The
barrier artwork design I think is something that's already being pursued by the Arts
Commission. As far as the parapet wall liners, if we do anything I'm more comfortable
Meridian City Council
July 23, 2013
Page 46 of 57
with the stamped concrete. I think the stamped stone or lick-and-stick or whatever you
want to call it is nice, but it's probably -- doesn't really go with this theme of the canyon
and the basalt and the entryway into our city and the Snake River Birds of Prey and all
that kind of good stuff. So, I would say the 5,000 there is probably good and I'm not so
sure that we probably can't talk ITD into doing that. The boulder outcropping at the
base of the walls, if we are going to do it it probably needs to be done now. It's not
going to be any cheaper to do that off and on and bring stuff in and dump, because it's
going to be very difficult to do. Maybe a finer point on the cost might be in order, but I
think that's a cost range that we have got somebody here in town that was given us
apparently. The landscape material -- the well doesn't have to be delivered right away,
so we are looking at the plant material -- most of the large plant material that would go
out there. ITD has agreed to provide not only the irrigation design and planting plan, but
they have agreed to provide the basic irrigation system as well and it's not a sprinkler
irrigation system, it's more along the lines of a drip irrigation system. So, that's a
hundred grand plus or minus and, then, a future well if need be. The dyed or colored
concrete, I'd like to see a finer point put on the dyed or applied. Not painted, but dyed,
as opposed to having any color being integral, because that's very expensive and it's
very subject to every batch is going to be different, so every panel is going to be
different, as opposed to every panel going through the same construction manufacturing
and, then, have somebody dye it and in my mind -- and I'm not sure this is correct, but
that's what you see in a lot of our big box stores now on the floors, dyed and polished
concrete, as opposed to linoleum and that sort of thing. I think it's very maintainable.
Getting a lot of push back to ever consider that by the consultant engineers, because
they think it will be a maintenance headache. I don't think they know. So, I think it -- I'd
like to see a little better number on that. I would hate to see the opportunity to lose the
design of the irrigation system, the landscape and getting the power and all that stuff for
a future well at the cost of the project. So, that -- those are my comments on the things
they need direction on. I think we need to maybe explore a couple of those things to get
the numbers better, so we can commit or, no, we aren't going to commit. The issue is it
has to happen real soon. The project right now is in the -- not in the preliminary design
stage, it is in the draft final design stage and has been submitted for review. So, the
project is coming on strong and we don't have months here, we have a few weeks in
order to get the information to them, so they can incorporate it into the bid package.
The project is probably going to go out to bid I'm guessing this winter sometime with a
spring start date. Isn't that what your understanding is, Mayor?
De Weerd: I -- yeah. I think they thought it would start sometime March.
Rountree: March. Yeah.
De Weerd: And, Council, I guess we need to -- if -- those of you that were on Council at
the time -- the money is -- is needed up front. They hold it until the end of the project
and like we did on Locust Grove interchange -- or overpass, what was not spent is,
then, reimbursed back to the city. And also with the RFPs they have already put
together a draft, so some of this will be an amendment as I understand it, even though
Meridian City Council
July 23, 2013
Page 47 of 57
it's already designed, it just didn't get submitted in time to go out with that -- that draft.
But they are assuring us it will -- it will be included.
Bird: Madam Mayor?
De Weerd: Mr. Bird
Bird: I agree with Councilman Rountree. I think that we go ahead and get this designed
and, then, we can start getting some -- like the boulder outcroppings and stuff here, you
know, got a wide range there after you get it designed. It gives the people a better
chance to bid a good price, bet the right price or -- and I -- getting the landscaping
irrigation system in and stuff is good and I think we ought to pursue with Nampa
Irrigation if we can get into that existing surface water and if not then we better start
looking at getting a well or something, because we can't let it sit out there and dry if we
go to the expense of doing it.
De Weerd: Any other comment? I think do -- so we need a motion, Mr. Nary?
Nary: Madam Mayor, Members of the Council, that certainly would be helpful. I think
for staffs comfort and direction.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just before the motion is made, if I may just -- one, I thoroughly appreciate
and agree with Councilman Rountree's analysis and discussion. I think that's great.
The other is every time this comes up I feel compelled to mention the trees. I just want
to make sure it doesn't fall through the cracks, that if there are going to be trees in the
area of the on ramp between the -- between the on ramps and the through travel lanes,
they need to be well back from the merge point, tucked right up against the bridge if
possible, so that they are not a visual obstacle to somebody who is planning their merge
at 65 miles an hour and I just want to make sure it doesn't -- if there is going to be trees
there it doesn't fall through the cracks -- fall through the cracks that those trees can't
start moving towards the merge point, they need to stay well back. Just a personal
opinion.
Rountree: Madam Mayor, just a comment on the conceptual landscape design, that it's
going to be a dry land desert type of design, so something on the lines of a hackberry or
something like that that doesn't mature huge, but can stay in a fairly dry climate and
provide some esthetic appeal in a spot that's getting drip irrigated. So, things moving
and encroaching aren't going to happen, because there is not going to be irrigation
throughout the -- the site, it's -- there is going to be spots that are drip irrigated to keep
some of these things going. But it's not going to be sprinkled. It's not going to be
green. It's not going to be a backyard situation, it's going to be a lot of brown grass with
Meridian City Council
July 23, 2013
Page 48 of 57
some pockets of shrubs and/or wild flower type things. Very similar to what we have on
Ten Mile 1 envision. Steve might have a comment.
Siddoway: Well, Madam Mayor, the Ten Mile is maintained to be in a green condition.
We have had some challenges with that, but it is intended to be green.
De Weerd: That's the problem with the first contractor, uh?
Siddoway: And different than Ten Mile, as Charlie said, this would not -- the current
concept is not green on the ground plain, it is the dry lands, grasses, that do turn brown
-- I mean to make sure you understand that, more of, you know, the natural desert grass
type setting with -- but with pockets of trees that are drip irrigated as was said, to
provide some vertical elements and some additional greenery and landscaping out
there. So, it's not the heavily greened landscaping, it's more of a minimal native look.
De Weerd: Any other questions from Council? My mike is on. I just didn't want you
giving the eye. Fear of Dean.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree
Rountree: As I make the motion, Brian, raise your hand if you need more information.
Okay? All right. Madam Mayor, I move that we proceed as I indicated with the bottom
four elements in the spreadsheet that we see before us, that we proceed with the rock
outcropping at the base of the abutment walls and attempt to get a more specific cost,
but it's our intent to do that and certainly would like ITD to participate in that, but if that
doesn't happen the city is going to have to do it. Pursued with the landscaping and the
committing to do the landscaping and that is the vegetation part of it at this point and
pursue not only the well, but other irrigation possibilities or water source possibilities for
that site. For the coloring and the dying of the concrete, pursue the cost of dyed versus
integral color and Ican -- would say that that's going to be a cost to the city. And
instruct the design folks to proceed with the design of the irrigation system landscaping
well, power, and planting plan.
Bird: Second.
De Weerd: Okay. Council, we have a motion and a second. Any -- staff, any further
detail needed in -- that you're hoping to seek comment or direction on?
McClure: Madam Mayor, that is exceedingly helpful. Thank you.
De Weerd: Okay. Council, any questions or comments? Okay. Madam Clerk
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
July 23, 2013
Page 49 of 57
De Weerd: All ayes. Motion carried
MOTION CARRIED: ALL AYES.
De Weerd: Council, just a question I guess of our Council, because it was mentioned
and it was shown in the drawing on what we have seen as far as a suggestion for what
could go on the railings or the fence as far as public art. Even though a staff member
submitted it as an idea for discussion and we know we can't get paid for it. But do you
want it included as one of the pieces that we are seeking public feedback on? And I
guess, Mr. Nary, can we do that?
Nary: Madam Mayor, Members of the Council, it's certainly something you can -- again,
you're only seeking public comment for a selection. Ultimately, again, that's certainly
within your right to do that, so --
Rountree: Madam Mayor, if that's the case, I would make that motion that we include
the conceptual art design that's been before us that was prepared by city staff and
Brian. I'm convinced that that's the one we are all going to like at some point in time in
the near future.
Nary: And Madam Mayor --
De Weerd: I'm not sure you should have added that second part.
Rountree: That's not part of my motion.
Nary: Madam Mayor, Members of the Council, I mean, again, all you're seeking in this
-- in this portion is public input.
De Weerd: Opinion.
Rountree: I move that we present this -- that proposal to the folks --the public tomorrow
evening.
Bird: Second.
De Weerd: Okay. I have a motion and asecond -- and I guess, Council, why 1 asked is
I know it's been one of those that -- that has been talked about and if we want to
consider it I think we need to make it part of the public opinion or seeking public
comment equally on all of the submittals that should be considered, so -- any
questions?
Bird: I have none.
De Weerd: Okay.
Meridian Cily Council
July 23, 2013
Page 50 of 57
Siddoway: Madam Mayor?
De Weerd: Yes.
Siddoway: Just two points for clarification. One is the intent on the parapet wall
inside --
De Weerd: I will come back to you on that, okay? Because right now we are just
talking about the railings and the art on it. We already voted on the other thing, but -- so
hold on. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Mr. Siddoway.
Siddoway: Just -- we had two points of clarification just on the previous motion and that
is on the parapet wall inside the intent for -- to pursue the form liner and not the rock
panel; is that correct?
De Weerd: That's correct.
Siddoway: And the second on the landscape materials, you said, you know, we would
look into the well, but also pursue the surface water options. I just want to make sure
that that is clear that we will -- part of that cost is for us to extend the irrigation system
that is built with whatever the stage one improvements are of the irrigation system that
is done, so those drip irrigation heads that would go to the trees are part of that cost and
I just want to make sure that it was clear that that was part of our cost.
Rountree: Yes.
Siddoway: Okay. Thank you.
De Weerd: Okay. Appreciate that clarification and thank you, Brian, for your
presentation.
C. City Clerk: Discussion on Phase II of the Records Retention
Schedule Update
De Weerd: Okay. Item No. 9-C is under our city clerk's office and she has been really
excited about this and it's going to be a riveting presentation. Madam Clerk.
Meridian Ciiy Council
July 23, 2013
Page 51 of 57
Holman: I am the only one besides Emily and Andrea that's excited. Madam Mayor,
Members of the Council, this is the culmination of a three year project with myself and
Emily Kane and Andrea Pogue from the Legal Department. We have worked on
rewriting the original records retention policy that was passed in August of 2007. What
was passed back then was more of a template that AIC had proposed. We have
undertaken the effort to rewrite the whole thing and make it very department specific
with a listing of basically everybody's records -- a detailed list. So, we passed phase
one of that in January of 2012, which included IT, Legal, HR, Fire, Planning and the
Mayor's Office. We got some of the easier departments out of the way, so they can
move forward with purging some of their records and reorganizing how they maintain
their records. We knew that phase two would take a long time. We didn't -- 1 don't think
we ahticipated it would take quite this long, but mainly trying to tackle Public Works and
all of the different divisions within Public Works and all of the -- the records that they
maintain. So, in this second phase we did Development Services, all the divisions of
Public Works, Clerk's Office, Police and Accounting and Finance. Did a couple of
tweaks to IT, very minor changes to theirs, and this is basically just us bringing forward
phase two in a complete -- complete rewritten records retention plan for the city. My
intent going forward now is to annually send each department their records retention
schedule, making sure they don't have new types of records that they are creating that
need to be incorporated into the policy and coming back to you once a year with an
amended policy if there are changes. And, then, also once a year sending out an a-mail
directing departments which of their records are now basically up to be destroyed that
year and coming back with one consolidated resolution every year to destroy the
records. So, with that I will stand for any questions.
De Weerd: Council, any questions? And you're welcome to drill our city clerk on what
this process has been.
Rountree: I don't want to know.
De Weerd: Oh, come on.
Zaremba: Madam Mayor. How many different records do we keep?
Holman: A lot. More than one and less than a million.
De Weerd: More than one would ever have fathomed.
Zaremba: It boggles the mind.
Holman: It's been a great process and I have to say Emily and Andrea Pogue equally
shared the weight of all of this with me. Andrea probably deserves the gold star,
because it was really a process to untangle how all of the Public Works records
intermix, what's copies, what's originals, who is the originator, who is the keeper of the
originals. It's been a process and she is great at all that detail work. She really did a
huge part of that. So, it's much appreciated.
Meridian City Council
July 23, 2013
Page 52 of 57
De Weerd: And really eliminating a lot of the redundancy or duplicate records. That's
been a web to untangle and I just appreciate all of the efforts that's been put into this.
As Madam Clerk mentioned, it's been a three year process and some departments were
easier than others, because of the volume of paper and historical documentation that
exists. So, thank you and thank you -- Mr. Nary, if you will extend our appreciation to
your staff as well.
Nary: I will. Thank you, Madam Mayor.
Holman: And, Madam Mayor, Members of the Council, I have to add, the one item that
we did find that was the most interesting, which Andrea now has as the cover to her
binder, is a form from, I don't know, the '70s or '80s that was called The Unless
Information or Useless Document Form and it was an actual form that you would fill out
and she thought that was quite amusing and so she kept one page of that for her binder
cover, because it was pretty funny some of the staff you find, so --
De Weerd: I think all records have to be destroyed unless we can show evidence of
why they shouldn't be.
Holman: Exactly.
De Weerd: Did she?
Holman: I believe that she may have crossed out some of information on it, so --
D. Resolution No. 13-933: Adopting the City of Meridian Records
Retention Schedule
De Weerd: Item 9-D is a resolution 13-933 -- I'm sorry
Nary: Madam Mayor, we added a department report.
Bird: Wait a minute, we got --
Nary: Oh, I'm sorry. I'm jumping ahead of you. I apologize.
Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: I move approval on resolution number 13-933.
Bird: Second.
Meridian City Council
July 23, 2013
Page 53 of 57
De Weerd: I have a motion and a second to approve resolution on Item 8-D. If there is
no discussion, Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
E. Amended onto the agenda: Update from Mayor and City
Council Compensation Committee
De Weerd: Now, Mr. Nary, Item 9-E, which was added to our agenda as amended. I
will turn this over to you.
Nary: Thank you. I thought that Useless Document Form was a greater segue to this
discussion, but, Madam Mayor, Members of the Council, this is not about an art project
and this is not about any type of art piece for the city.
De Weerd: Thank you.
Nary: The -- I originally was going to present this on August 13th, but we have some
time restrictions because of that. We have a Mayor and City Council compensation
committee that every election cycle we convene different citizens to review the current
salaries of both the Mayor and the City Council and I will make a more formal
presentation on August 13th, which was my original intent, but the reason I bring it up is
a heads up now. Our committee members, just so -- make clear for the record, were
myself, as well as Christine Donnell, a former City Council member, Treg Bernt, the
current parks and recreation commission chair, Clint Shifflet, an executive with one of
our local businesses. Chris Klein, another local businessman here in the city. Ann
Little-Roberts, the president of the Meridian Chamber. John Berg, another local
Meridian resident and Bill Bach, a meridian businessman. We have met a couple of
times to discuss the current state of the compensation and benefits that are provided for
Mayor and the City Council positions. We discussed the new positions that will be
coming on board. We looked at a variety of different issues and the reason again there
was some time issues is that it is statutorily required that if you were to make changes
to those -- those salaries it must be published 75 days before the election. That day is
August 20th, which means it has to be published on August 19th, which is our last
publication date, which then means you would have to have an ordinance in front of you
for approval on August 13th. That's your next full meeting and it's your workshop and I
know it's not always comfortable for you to have the conversation and the ordinance at
the same meeting, to not have an opportunity to at least ponder that or think of it in the
interim. So, I ask the committee if I could bring it early, make you aware that the
committee has made a recommendation to increase the pay of both the Mayor and the
City Council Members for 2014 and 2015 based on a variety of factors and, again, I will
go into that on the 13th, but they looked at a variety if different things besides other
Meridian City Council
July 23, 2013
Page 54 of 57
cities and one of the factors they looked at is that no increases have been granted for
either the Mayor or the Council since 2009, with the last time the Mayor's salary was
evaluated and increased and 2007 for the Council. One of the things they looked at
was the Consumer Price Index, as well as the economy of both the community, as well
as the city and a variety of other factors, but they were recommending an increase to
both the Mayor's from a current salary of the Mayor's position of 75,000 to 80,000 in
2014 and 82,500 in 2015 and the Council positions are currently 9,000 dollars annually,
they were recommending that be increased to 9,500 in 2014 and 10,000 in 2015.
You're obviously free to accept or reject those recommendations, but I wanted to give
you a heads up on August 13th we will have a fuller presentation. Some of the
committee members may be present and we will have the ordinance in front of you at
that time. So, if you would like me to bring something else I certainly can, but I didn't
want you to be sort of stuck on the 13th with one or the other and so I just wanted to
give you a heads up. That's where the committee has landed. They have had very
lengthy discussions, which we can go into, and they looked at a lot of different things
and total compensation, they were looking at benefits and how benefits are related to
compensation. They were considering some alternatives to the way the benefits are
structured currently for the council member seats, but felt with the -- with the affordable
care -- Affordable Healthcare Act they weren't comfortable in recommending changes at
this time, because we are not really sure how that's going to impact anyone and the
other thing they were recommending is that a standing committee be established with
either them, the current members, or additional members or different members -- they
were all willing to participate if you'd like them to, in helping create a longer term salary
and compensation program for the Mayor and Council positions in the city and they
wanted to look at a broader base, other cities, other states -- other cities don't give us a
great deal of guidance in this state, they are all fairly static in how they do it and -- but
what they were interested in seeing is there a different way in compensating elected
officials that would be comfortable both for the public, as well as the city's economic
base, but in finding a more systematic long-term approach to that and they were willing
to serve in that and make that, you know, anticipated to bring it back in 2015 for a final
resolution. But, anyway, we will get into more of those details at your workshop, but I
just wanted to give you a heads up that's where you were going. So, if you have any
questions I could certainly answer those.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Mr. Nary, an idea that bounces around every once in awhile -- we have
discussed that the Council president puts in more time than the rest of the Council. Did
they discuss any bonus, I guess, payment to the president during the time the president
has that term?
Nary: Madam Mayor, Members of the Council, I did bring that up to them, Council
Member Zaremba, and I did explain to them what -- why that was suggested at least be
looked at and I think that's one that's been a tough one I think for citizens, because it's
Meridian City Council
July 23, 2013
Page 55 of 57
hard for the citizens to grasp what that looks like or what that time commitment is and
so they really couldn't -- they really didn't have an opinion, they didn't have any adverse
opinion to that, but they didn't really -- they recognized that there is -- again, to do the
job right no matter what you pay council members is probably inadequate and so they
really didn't have a way to really put their arms around that question, but we did discuss
it, but they just -- again, they looked -- were looking at the bigger picture, they were
trying to look at some equity, they were trying to look at some transparency in how the
compensation is dealt with with both Mayor and Council, but they just couldn't get their
arms around that particular point.
De Weerd: Any further questions from Council? Okay. So, this will be on August --
Nary: 13th.
Item 10: Ordinances
A. Ordinance No. 13-1566: An Ordinance of the City of Meridian
Establishing "Gene Kleiner Day" as an Annual City of Meridian
Citizen Recognition Day
De Weerd: -- 13th's agenda. Okay. Item 10-A is ordinance 13-1566. Madam Clerk,
will you, please, read this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1566, an
ordinance of the City of Meridian establishing Gene Kleiner Day as an annual City of
Meridian citizen recognition day to be celebrated each and every second Saturday of
June from this time forward in honor of Gene Kleiner's generosity and lasting
contribution to the city and directing the Parks and Recreation Department director to
plan events in celebration thereof and providing an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? Council, I would say that Mr. Siddoway and I
met with David Stolhand with the Meridian Symphony, because as we have considered
the Gene Kleiner Day we want to make it on the second Saturday of every June, so it
can be a day that we celebrate kind of that pay it forward theme and in bringing
community together. We have talked with the Meridian symphony about being a fixture
as part of that since they were our first performance in the amphitheater and -- because
they are a staple in our community. So, I have made a commitment as my State of the
City as I fund the youth scholarships from -- from the sponsorships that we get, that this
is going to be another benefactor of that for a commitment from the city that will, again,
pay respects to Gene Kleiner for the generosity and the unfathomable gift that he has
given to our community in the hopes that it continues to pay forward. So, I would ask if
there is any questions?
Zaremba: Madam Mayor?
Meridian City Council
July 23, 2013
Page 56 of 57
De Weerd: Yes.
Zaremba: I don't even know if it's permissible to bring this subject up, but I think I heard
you say that you were planning to put this on Saturdays, which is a day that I believe
would have religious significant for the Kleiner family and I'm not sure Saturday would
be appropriate.
De Weerd: I don't know. I guess I would ask Mr. Siddoway --
Zaremba: Is there anybody who might know that answer?
De Weerd: I know I don't.
Zaremba: I don't either, but it just occurs to me to ask.
Siddoway: I know of no objections to Saturday events from Mr. Kleiner. I can certainly
discuss that with him directly and we can --
De Weerd: We had our event on Saturday, so --
Siddoway: And we had the -- the original dedication was on Saturday. It was on the
second Saturday of June last year, so I would just propose that given the anniversary of
that date that that's the appropriate date to have it on.
Zaremba: That works for me.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I think this is a tremendous proposal and for a very generous and wonderful
gift to the city, so I move that we approve Ordinance 13-1566.
Zaremba: Second.
Rountree: With suspension of rules.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion? 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 23, 2013
Page 57 of 57
De Weerd: Mr. Siddoway, in follow up to our celebration on the first anniversary, if you
will --once this is signed, sealed and part of our documentation to present it to Gene.
Siddoway: I would love to. Thank you. And I will just mention that yesterday I received
a thank you card from Gene Kleiner in the mail thanking us for the efforts toward the
Gene Kleiner Day that was held this year and he was very appreciative and expressing
his confidence in the city moving forward in the care of that park. So, I would be more
than happy to share that with him.
De Weerd: Well, since Steve kind of glossed over it, one of the things that -- I mean I
think I first heard from the Kleiner trust representatives about ten years ago and as we
started to proceed forward in exploring this gift, there has always been a nagging
question in the back of Mr. Kleiner's mind is once the gift was past on and the park was
--was built, that would it be cared for, you know, and he brought that up in his thank you
note to Steve and he said this question has been answered and he has full confidence
in particular in Steve and the care that Steve and his staff has shown to valuing this gift
and, indeed, making it a legacy, an asset to our community that would be cared for. So,
I think that was noteworthy and kudos to Steve and his stafffor the care they do show to
the Kleiner Park and all of our parks for continuing to make sure they are an asset and
an amenity that our --our citizens can be proud of. So, please, pass that on, too.
Item 11: Future Meeting Topics
De Weerd: Okay. Any items for consideration under Item 11, Future Meeting Topics?
Rountree: I have none.
De Weerd: If not, I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 8:50 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS}
~ ~ ~~ / 13
MAYOR TA DE WEERD ATE APPROVED
ATTEST.
JA~F~LMAN, CITY
~,
~~
~:~ty~ a
tDt~.~)~~
~a~~~
~ w
4 N
~~~~ ~~P
~'or tZ~I r~~}.~~~