2011-12-20IDIAN�--
IDAHO
CITY OF MERIDIAN
CITY COUNCIL PRE -COUNCIL MEETING
SPECIAL MEETING
AGENDA
Tuesday, December 20, 2011 at 6:00 p.m.
City Council Chambers
33 East Broadway Avenue, Meridian, Idaho
1. Roll -call Attendance:
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
O Mayor Tammy de Weerd
2. Adoption of the Agenda Adopted
3. Executive Session Per Idaho State Code 67-2345 (1)(a)(f) — (a) To
Consider Hiring A Public Officer, Employee, Staff Member Or
Individual Agent, Wherein The Respective Qualities Of Individuals
Are To Be Evaluated In Order To Fill A Particular Vacancy Or Need.
This Paragraph Does Not Apply To Filling A Vacancy In An Elective
Office Or Deliberations About Staffing Needs In General, And (f) To
Consider And Advise Its Legal Representatives In Pending Litigation
Into Executive Session at 6:02 p.m.
Out of Executive Session at 6:52 p.m.
Meridian City Council Pre -Council Meeting Agenda — December 20, 2011 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CVEF,.1AN--
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CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, December 20, 2011 at 7:00 PM
Roll -Call Attendance
X David Zaremba
X Charlie Rountree
2. Pledge of Allegiance
X Brad Hoaglun
X Keith Bird
O Mayor Tammy de Weerd
3. Community Invocation by Pastor Troy Drake of Calvary Chapel
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Contract Amendment No.2 to Centra Consulting, Inc. for
"QLPE Plan Check Services" for the Not -To -Exceed Amount of
$50,000.00
B. Findings of Fact, Conclusions of Law for Approval: RZ 11-004
Chesterfield by Liberty Development, Inc. Located South Side
of W. Pine Avenue; Midway Between N. Black Cat Road and N.
Ten Mile Road Request: Rezone of 1.48 Acres of Land from the
R-8 Zoning District to the R-15 Zoning District
C. Findings of Fact, Conclusions of Law for Approval: PP 11-007
Chesterfield by Liberty Development, Inc. Located South Side
of W. Pine Avenue; Midway Between N. Black Cat Road and N.
Ten Mile Road Request: Preliminary Plat Approval of 148
Residential Lots and Twelve (12) Common Lots on 28.2 Acres
in an Existing R-8 Zone and a Proposed R-15 Zone
6. Community Items/Presentations
A. Police Officer Commendation for RV Fire
Meridian City Council Meeting Agenda —Tuesday, December 20, 2011 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
7. Items Moved From Consent Agenda
8. Department Reports (Councilman Bird left at 7:13 p.m.)
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC)
Update
9. Action Items
A. Continued Public Hearing from November 15, 2011: CPAM 11-
002 Millennium Retail Center by Jeffrey Hall Located Generally
at the Southwest Corner of W. Overland Road and S.
Millennium Way at 2045 E. Overland Road: Request to Amend
the Comprehensive Plan Future Land Use Map Designation on
2.54 Acres of Land from High Density Residential (HDR) to
Commercial
Application remanded back to the Planning and Zoning
Commission and approved a wavier of the Conditional Use
Permit (CUP) Modification Fee
B. Public Hearing Continued from December 6, 2011: AZ 11-001
Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten
Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road
and North of 1-84 Request: Annexation and Zoning of 116.25
Acres of Land From RUT in Ada County to C -G Zone
Continued to January 17, 2012
C. Public Hearing: AZ 11-003 King Property by Dexter King
Located at 1195 W. Overland Road Request: Annexation and
Zoning of 8 Acres of Land within an R-8 Zoning District
Continued to March 27, 2012
D. Public Hearing: PP 11-010 Ten Mile Crossing (fka Meridian
Crossing) by Meridian 118, LLC Located at 1085 S. Ten Mile
Road Request: Preliminary Plat Approval Consisting of 105
Building Lots (52 Residential and 53 Non -Residential) and 4
Common/Other Lots on 115.26 Acres of Land in the R-40, M -E,
C -C and H -E Zoning Districts Approved
10. Department Reports
A. Police and Prosecutor's Office Report: Open Container City
Code Updates Bring back Ordinance for Vf Reading on
January 3, 2012
Meridian City Council Meeting Agenda —Tuesday, December 20, 2011 Page 2 of 3
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.
B. Public Works: Budget Amendment for FY2012 in the Amount
of $50,000.00 for the Reclaimed Water Facility Corrections and
Modifications with JC Constructors, Inc. Approved
C. Public Works: Request for Sole Source and Award of
Agreement to JC Constructors for "Reclaimed Water Facility
Corrections and Modifications" for the Not -To -Exceed Amount
of $56,000.00 Approved with Conditions
D. Planning Department: Discussion of Residential Design
Guidelines for Southridge
E. Planning Department: Paramount Elementary Portable
Classroom Structure
F. Legal Department: Discussion and Update Regarding Varsity
Kitchen Alcohol License Application Process
G. Clerk's Office: Approval of New Beer and Wine License
Application for Red Star Hospitality dba Varsity Kitchen
Located at 1441 N. Eagle Rd. Suite 200. Approved
H. Clerk's Office: Approval of Beer/Wine/Liquor Owner Transfer
from Sea Swiper LLC to J & D Industries dba MUGGSYS;
Located at 501 S. Main St.
Approved with Conditions
11. Future Meeting Topics
Adjourned at 8:24 p.m.
Meridian City Council Meeting Agenda —Tuesday, December 20, 2011 Page 3 of 3
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.
RECEIVED
DEC 2 0 2011
Changes to Agenda: CITY OFC u u*
➢ Item #9A (CPAM-11.002) — The applicant has requested Council remand th9iWXdmM1;at�pck
to the Commission as they are changing their request & adding a request for a rezone and fee
waiver for one of two applications ( Conditional Use Permit Modification).
➢ Item #9C (AZ -11-003)— The applicant has requested this application be continued to March 27, 2012.
Item #9D: Ten Mile Crossing (PP -11.010)
Application(s):
➢ Preliminary Plat consisting of 52 residential building lots, 53 non-residential building lots, and 4
common/other lots
Size of property, existing zoning, and location: This site consists of 115.26 acres, is currently zoned R-40, M -E,
C -C, and H -E, and is located on the north side of 1-84, midway between S. Ten Mile & S. Black Cat Roads.
Summary of Request: The proposed preliminary plat is consistent with the previously approved concept plan.
Access is proposed on the plat via Ten Mile & Black Cat Roads. Currently, access is not available to this property as
right-of-way has not been dedicated across adjacent properties to the east or west. Approval of a final plat for the
subject property is dependent on access being available and in compliance with Fire Department requirements. Stub
streets are proposed at the boundaries of the property in various locations to provide future connectivity with adjacent
properties.
A 75 -foot wide easement exists across this site where the Northwest gas pipeline exists. A specific encroachment
permit will be required for any development/improvements within this easement. A large linear open space area is
proposed within the easement area.
Commission Recommendation: Approval at the November 17th public hearing
Summary of Commission Public Hearing:
1. In favor: Daren Fluke, J -U -B Engineers (Applicanfs representative)
ii. In opposition: None
iii. Commenting: Gordon Hamilton, Williams Northwest Pipeline
iv. Written testimony: Daren Fluke, J -U -B Engineers (response to staff report— in agreement)
Key Issue(s) of Discussion by Commission:
i. Appreciation for the consistency of the proposed plat with the approved concept plan & Ten Mile
Interchange Specific Area Plan
Key Commission Change(s) to Staff Recommendation:
L None
Written Testimony since Commission Hearing: None
Outstanding Issue(s) for City Council:
i. There is no outstanding staff or applicant issues; however, the ACHD report will not be available until
after January 41h. Staff recommends if the Council decides to go forward with the application that it be
conditioned to comply with ACHD conditions of approval. ACHD did email me today with an update on
their review - although they are still in the process of reviewing the revised TIS & running an additional
analysis on one of the internal intersections, they did not have any significant concerns with the project
or with the City moving forward with the application.
Notes:
Meridian City Council December 20, 2011
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
December 20, 2011, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Warren
Stewart, Clint Dolsby, Jeff Lavey, Chris Amenn, Luke Cavener 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
Zaremba: Good evening, ladies and gentlemen. I will call to order this regular meeting
of the Meridian City Council. It is Tuesday, December 20th, 2011. It is 7:00 p.m. and
we will begin our meeting with roll call attendance.
Zaremba: All right. Thank you. I would like to acknowledge a couple special guests in
the audience. We had with us tonight the Mayor of Eagle Jim Reynolds and City
Councilman Elect Butler is also here from Eagle. So, thank you both very much for
joining us.
Item 2: Pledge of Allegiance
Zaremba: First item of business is the Pledge of Allegiance. Would you, please, join
me.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Troy Drake of Calvary Chapel
Zaremba: Next item on our agenda is the community invocation. Tonight we will be led
by Pastor Troy Drake of the Calvary Chapel. I invite you to join us in this invocation or
take this as a moment for silent reflection.
Drake: Father God, we thank you for the freedom that we have in this country, Lord, to
seek you and to pray like this in a public place, God, and how you have protected those
rights for us. We are just grateful people, God. We thank you for this time of season,
this time of year, where we all can just enjoy and remember the birth of your son, how
you sent him for us and, God, we remember in your word that it says that righteousness
exalts a nation and I know that that's true for Meridian as well, Lord, and I just pray that
Meridian City Council
December 20, 2011
Page 2 of 36
we would look to you for our source of righteousness and, God, that you would give
these people wisdom over the decisions that they make, God, that you would impart to
them just that goodness that you desire for all men and all women and so I just pray,
God, that you would protect Meridian, that you would protect the hearts and minds of
these leaders and the people who serve us, the elected officials and, God, that you
would just make this just an even greater place and people would be safe and secure
here and so, God, use these times, especially tonight, as they conduct business to --
just do things that would please you, Lord. We love you, God, and we praise you in the
name of your son, Jesus Christ, amen.
Zaremba: Thank you. Pastor Drake, have you been with us before?
Drake: No. First time.
Zaremba: I would like to give you a City of Meridian pin to commemorate your blessing
for us.
Drake: Thank you, sir. Appreciate it.
Item 4: Adoption of the Agenda
Zaremba: Thank you very much. Okay. Next item on our agenda is adoption of the
agenda.
Hoaglun: Mr. President?
Zaremba: Mr. Hoaglun.
Hoaglun: A couple items to note on our agenda this evening. Under Item 9, Action
Items, 9-A, the applicant will be requesting that this be remanded back to the P&Z
Commission. Plus there is a fee waiver request in this, so there will be a couple items --
action we will take on 9-A. 9-C, public hearing AZ 11-003, there will be a request to
continue to March 27th, 2012. And under Item 10-H, approval of beer, wine, liquor
owner transfer, that will be pending Ada county approval, just to note on that. So, with
that, Mr. President, I move adoption of the agenda as presented.
Rountree: Second.
Zaremba: Mr. Hoaglun and Mr. Rountree. May I ask that we move Items 10-B and C
ahead of --
Hoaglun: Mr. President, what we found out from legal counsel was there is still a
quorum with three of us, so we are good to leave with it where it is, so --
Zaremba: Okay.
Meridian City Council
December 20, 2011
Page 3 of 36
Hoaglun: Thank you.
Zaremba: Then I withdraw -- withdraw my comment. We have a motion and a second
to adopt the agenda as amended or as commented on. All those in favor say aye. Any
opposed? That motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT
Item 5: Consent Agenda
A. Contract Amendment No.2 to Centra Consulting, Inc. for
"QLPE Plan Check Services" for the Not -To -Exceed Amount of
$50,000.00
B. Findings of Fact, Conclusions of Law for Approval: RZ 11-004
Chesterfield by Liberty Development, Inc. Located South Side
of W. Pine Avenue; Midway Between N. Black Cat Road and N.
Ten Mile Road Request: Rezone of 1.48 Acres of Land from the
R-8 Zoning District to the R-15 Zoning District
C. Findings of Fact, Conclusions of Law for Approval: PP 11-007
Chesterfield by Liberty Development, Inc. Located South Side
of W. Pine Avenue; Midway Between N. Black Cat Road and N.
Ten Mile Road Request: Preliminary Plat Approval of 148
Residential Lots and Twelve (12) Common Lots on 28.2 Acres
in an Existing R-8 Zone and a Proposed R-15 Zone
Zaremba: Next item is the Consent Agenda.
Hoaglun: Mr. President?
Zaremba: Mr. Hoaglun.
Hoaglun: No changes on the Consent Agenda or items to note. With that I move
approval of the Consent Agenda and the Mayor or President to sign and the Clerk to
attest.
Rountree: Second.
Zaremba: We have a motion and a second. Madam Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Zaremba: All ayes. That motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
December 20, 2011
Page 4 of 36
Item 6: Community Items/Presentations
A. Police Officer Commendation for RV Fire
Zaremba: We are onto Community Items and Presentations and the first Item A is
police officer accommodation for the recent RV fire. Chief Lavey.
Lavey: Thank you, Mr. President, Council. Mr. President and Council, our public safety
personnel do some extraordinary acts on occasion and most of those personnel will say
they were just doing their job. On other occasions these acts really kind of stand out
and one of those such acts occurred in Meridian on November 17th, 2011, and shortly
after that time frame I shared with Council a letter that I'd like to read into the record
today and, then, I have a small presentation that I'd like to do. To the Meridian Police
Department: I'm writing this letter to express my appreciation of officers at the scene of
the RV explosion and fire on November 17, 2011. Their quick actions that morning
undoubtedly saved a life and their dedication to service of others was truly above and
beyond the call of duty. Not only did MPD quickly find and remove the semi-conscious
victim from his close proximity to the fire, but they, then, repositioned him to the best
egress access for arriving fire and EMS personnel. MPD officers kept the patient still,
covered with him with a blanket and talked to him keeping him awake and breathing.
Due to allocation of resources I was initially the only firefighter available for patient care.
When I arrived at the victim's side the MPD officer at the patient's head informed me of
his condition. This officer, then, continued to talk with the patient and without hesitation
supported me in the management of his airway ventilation. Upon seeing I was alone
and a second officer asked what he could do to help and under my direction began
removing the patient's clothes in preparation for IV access. Finally, MPD expedited the
removal of the patient from the scene by flagging down EMS and assisting in the
patient's transfer to the ambulance. These officers took the term public servant to heart
and I'm very proud to work side by side with them protecting the citizens of Meridian.
Firefighter Katie Milburn, who is present in the audience today. Now, this firefighter
actually took it upon themselves to write this letter and express their gratitude and we'd
like to return that favor as well and say that it wasn't just the Meridian police officers
there on scene, although we were there first, this was a joint effort and it took everybody
involved to actually deal with this situation. There is a few stand outs and I'm going to
recognize them today. But I would like to introduce and have them come forward -- our
entire gray shift crew that was working that evening. So, if the following officers could
come up and stand over here to the left of me. Sergeant Matt Parsons. Corporal Rick
Lee. Officer Craig Hoodman. I didn't see him, but if he's here Officer Brandon Frasier.
And Justin Northway. Officer Jason Brown. And, then, Officer Cambron. We were
actually going to do this a couple of weeks ago, but Corporal Lee was in Mexico and so
he was unavailable. This was the team that was actually working that evening and on
this team there is a couple of stand outs. In this letter received from Katie she didn't
know the names of the officers and so it took a little bit of research and we discovered
that we want to do a little extra recognition of Corporal Rick Lee, Officer Craig
Hoodman, and Officer Jason Brown. And if you will allow me to read this letter of
accommodation. On November 17th, 2011, Corporal Rick Lee, Officer Craig Hoodman,
Meridian City Council
December 20, 2011
Page 5 of 36
and OfficerJason Brown responded to an explosion in the 100 block of Pennwood
Street. Upon their arrival the officers found a 5th wheel camp trailer which was
completely destroyed from the explosion. Officers then discovered a semi-conscious
victim of the explosion lying in the aftermath of the explosion. Without regard for their
personal safety, the three officers began rendering assistance to the victim who was
suffering from burn wounds. The officers then removed the victim from the explosion
site to a safe area where they continued to provide aid and comfort. Because of these
officers -- Officer Craig Hoodman, Corporal Rick Lee, and Officer Jason Brown, will be
awarded this letter of accommodation. And since we all like to have happy stories right
before Christmas, this victim was actually transported to St. AI's and later life flighted
down to the Salt Lake burn center and has since been released and is with us today to
spend time with his family. So, with that being said, I would like to personally honor
Corporal Lee, Officer Hoodman, and Officer Jason Brown. And the last thing I have is --
like I said, it wasn't just us, but the engine company that was actually working that
evening is also present. So, if Firefighter Campbell could stand up and the rest of his
crew stand up so we can also applaud them as well.
Zaremba: Great. Thank you. I would just like to add that we always appreciate your
service, both the police service and the fire service and your instant readiness to
perform these kind of duties and your willingness to do it and you make our community
a much better place and we appreciate all of you. So, thank you very much.
Item 7: Items Moved From Consent Agenda
Zaremba: Next item. There are no items moved from the Consent Agenda
Item 8: Department Reports (Councilman Bird left at 7.13 p.m.)
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC)
Update
Zaremba: So, we will go on to Department Reports and Item 8-A from Mayor's Office is
probably Luke. No? Mayor's Youth Advisory Council.
Wagner: Hello. I'm Josh Wagner. I'm from Rocky Mountain and I'm the Rocky
representative from MYAC. I'd first off like to thank the Council for letting me talk
tonight. MYAC continues to be busy with over 50 students attending last week's
meeting. We recently had 120 Meridian students attend an iceskating community
involvement event. Twenty-five MYAC students helped wrap gifts at the Meridian Hope
Tree. Sorry. We are currently on Christmas break until January 9th, where we will
begin focusing on legislative issues related to texting while driving and government
affairs members are working on drafting their own piece of legislation. In addition, the
government affairs members will be hosting a legislative breakfast in late January. We
are working on hosting a valley wide youth summit in May focusing on substance
abuse, distracted driving and bullying. Thank you for the opportunity to speak tonight
and have a Merry Christmas. And I will take any questions that you might have.
Meridian City Council
December 20, 2011
Page 6 of 36
Zaremba: Council, any questions?
Rountree: Mr. President, I have no questions, but thank you for being here tonight
during your vacation -- the start of it anyway and you have a wonderful vacation and get
all those studies you haven't done done and a Merry Christmas.
Wagner: Thank you.
Hoaglun: Mr. President? Josh, if I might. You know, this year we have just had an
excellent turn out of kids at these meetings, as you mentioned 50, and, then, you had
120 at that other event. What makes it so good this year? I mean there it seems like to
be a lot of enthusiasm. Any idea -- any idea why?
Wagner: I think we have a lot of really good programs going on. Really good volunteer
opportunities and people want to be a part of it.
Hoaglun: Good. Glad that you're a part of it. Thank you very much.
Wagner: Thank you.
Zaremba: Great. Thank you, Josh. And I'm thrilled with how you all are becoming
citizens. You are our future and we appreciate the interest that you're taking now. So,
that's wonderful. Thank you.
Wagner: Thank you.
Item 9: Action Items
A. Continued Public Hearing from November 15, 2011: CPAM 11-
002 Millennium Retail Center by Jeffrey Hall Located Generally
at the Southwest Corner of W. Overland Road and S.
Millennium Way at 2045 E. Overland Road: Request to Amend
the Comprehensive Plan Future Land Use Map Designation on
2.54 Acres of Land from High Density Residential (HDR) to
Commercial
Zaremba: We are onto Item 9, Action Items, and A is a continued public hearing from
November 15th, 2011. 1 will open that public hearing and we will have some comments
from the staff.
Friedman: Thank you, Council President Zaremba, Members of the Council. In the
intervening time since you continued the public hearing we met with the applicants for
this property and they determined that initially that recommendation from Planning and
Zoning came forward to you simply as a comprehensive plan amendment. We had no
rezone or anything, so we have little ability to condition it, even if that had been the
Meridian City Council
December 20, 2011
Page 7 of 36
Council's pleasure. So, since that time the applicants have been discussing options
with the neighbors, they have been discussing options with staff and came to the
conclusion that at this point the best thing to do would be to remand the Comprehensive
Plan map amendment back to the Planning and Zoning Commission, allow them to
submit for a rezone to tie to that to which, then, we can evaluate that based on their
proposals and craft any appropriate conditions or development agreement conditions to
recommend to Commission and Council and, then, move that as a package. As a
subsidiary note, there is an old planned development that currently vests as property
that allows them to develop retail -- they could come in for a building permit for retail
tomorrow. So, in order to vacate that planned development that would take a
Conditional Use Permit modification. The fee for that is approximately 1,300 dollars.
The applicants have requested as part of the remand that Council waive just the
Conditional Use Permit modification fee. They would pay the rezone fee and they, of
course, would pay the fee for the Comprehensive Plan amendment and, really, the
whole purpose in the CUP mod is just simply to vacate an old dated approval, so that
we have no further comments and rely on your action.
Zaremba: Okay. Thank you. Council, any questions for Pete?
Rountree: I have none right now.
Zaremba: Okay. This is actually a public hearing and we have a couple people signed
up to testify at this point. So, I think we -- oh, I'm sorry. How about the applicant.
Probably start with the applicant. The applicant from the audience says he has nothing
to add until there are questions asked. Let's see. The people signed up are David
Misner and Jared Hiner. Is David here? From the audience he has no comment to add.
Jared Hiner. We actually -- we, actually, will be remanding this back to the Planning
and Zoning Commission and much of what they are proposing is likely to change at that
point, so if you have a point you'd like to make you're certainly welcome to make it, but I
think we are looking at a -- maybe not starting totally at the beginning, but there is a do
over to it. Pete.
Friedman: Mr. President, Members of the Council, members of the audience, it is, in
essence, a reset, so that there will be at least one more hearing before the Planning
and Zoning Commission and one more hearing before the City Council as this works its
way through. So, it's kind of like a reset and a reevaluation of everything.
Zaremba: So, we thank you for being here tonight, but I -- there will be another
opportunity to see a modified plan and comment on that. Let me ask Mr. Nary if I might.
In a remand is that noticed the way a new public hearing is noticed?
Nary: Mr. President, Members of the Council, yes, this would have to be renoticed now.
essentially, back in front of the Planning and Zoning Commission. If these folks don't
live within the mailed area of notice, then, there should be new signs or at least an
updated sign that would be placed on the property.
Meridian City Council
December 20, 2011
Page 8 of 36
Zaremba: So, watch for signs on the property. The date of the Planning and Zoning
Commission meeting will be on that sign and if you're within 300 feet of the property you
will get a letter. I do need to have you come up on the microphone if you're really going
to speak. You're welcome to speak, so -- but you need to be on the microphone and if
you would, please, give your name and address.
Kalsbeek: Jon Kalsbeek, Box 390, Martinez, California. So, it's a 1,200 mile trip for us
to make it here to each meeting. But it's worth it. We have worked with Jeffrey and we
talked to him. We are not against development, we are not against improvement, we
are not against anything that does that. Jared and David and Seth are here. They are
-- I'm, basically, representing them also. If they need to speak -- I don't think anybody
else does. I don't want to take up a lot of time. We are just looking for something that's
compatible to the neighborhood and is workable and that's basically -- if we are starting
over from the Planning Commission, another hearing, then, we can proceed from there.
Just want to stress the compatibility of the neighborhood.
Zaremba: Great. Thank you. Any questions, Council?
Rountree: No.
Zaremba: Okay. Any response from the applicant? You need to be on the microphone
if you do. And also need to have you give your name and address for the record,
please.
Hall: Jeffrey Hall. 1880 S. Cobalt Point, Meridian. Just to let the audience know we will
have a neighborhood meeting. It's scheduled for next Thursday on 28th at 5:00 p.m. at
our office and notice was put in mail today on that.
Zaremba: Great. Thank you.
Rountree: Thank you.
Zaremba: Council, before we continued with this we have a fee waiver to discuss. Any
comments?
Rountree: Mr. President?
Zaremba: Mr. Rountree.
Rountree: I'm inclined to agree with that, given that it cleans up some history on this
property and it's some information we need to have cleaned up before we move
forward.
Zaremba: Mr. Hoaglun.
Meridian City Council
December 20, 2011
Page 9 of 36
Hoaglun: I think I agree with Councilman Rountree. It sounds like what I heard from
Pete was this was just the CUP that was for the waiver only, everything else is paid and
I don't have any trouble with that.
Friedman: It's paid or will be paid. The rezone when that application is made will have
the appropriate fees accompanying it.
Zaremba: Okay. I believe we probably need a motion for that, if --
Rountree: Mr. President?
Zaremba: Mr. Rountree.
Rountree: I move that we close the public hearing on Item 9-A, CPAM 11-002.
Hoaglun: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Mr. President?
Zaremba: Mr. Rountree.
Rountree: I move that we remand Item 9-A back to Planning and Zoning and through
that remand approve a waiver of the continued -- of the Conditional Use Permit
modification fee.
Hoaglun: Second.
Zaremba: We have a motion and a second. Madam Clerk, would you call roll, please.
Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Zaremba: All ayes. That motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B. Public Hearing Continued from December 6, 2011: AZ 11-001
Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten
Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road
and North of 1-84 Request: Annexation and Zoning of 116.25
Acres of Land From RUT in Ada County to C -G Zone
Meridian City Council
December 20, 2011
Page 10 of 36
Zaremba: All right. Thank you all very much on that subject. Next subject is the public
hearing. I will open the public hearing continued from December 6, 2011, for AZ 11-001
and begin with the staff report.
Friedman: Thank you, Council President Zaremba, Members of the Council. I did --
had the unfortunate disfavor of not being at the hearing night, but staff was capably
represented and upon reviewing the facts of meeting that night determined that you
wanted to continue it tonight, with the possibility of having a discussion about potential
conditions of approval for a development agreement. I have some concerns about that,
because the way the recommendation came forward to you was for a recommendation
for denial and normally when we come forward with a recommendation for approval of a
development agreement we have generated appropriate conditions has the Planning
and Zoning Commission for your consideration. In the absence of that I was not
comfortable with being prepared tonight with sufficient conditions of approval for a
development agreement that I felt would protect the city's interest or protect the integrity
of the Ten Mile plan. I conveyed that to the applicant. They had presented some
conditions I believe. We haven't fully vetted those, because it really is sort of out of the
ordinary step sequence, so approximately a week ago city staff, including the legal
department, met with the representative and said, you know, we are just not
comfortable going forward on Tuesday night. If it is the pleasure of the Council to direct
the drafting of appropriate conditions, then, honestly, staff needs more time to consider
those and thoughtfully consider those. So, we identified a date of January 17th. I don't
know if they read that as being that the hearing would be continued to January 17th,
although I note they are not here, so at this point I'm leaving this up to the pleasure of
the Council in terms how they wish to continue this, dispose of this, discuss this. With
that I will be happy to answer any other questions.
Rountree: Mr. President?
Zaremba: Council? Mr. Rountree.
Rountree: Pete, your communication skills must have been spot on. I had some
questions and apparently there is no one here to answer those. I would be inclined to
follow up with you on your feeling of successfully completing some language in the DA
that might work for both the city and the applicant or are we looking at spinning our
wheels and maybe it ought to be remanded back to Planning and Zoning?
Friedman: Council President Zaremba, Council Member Rountree, Council Member
Hoaglun, remanding it back -- I don't know if -- I think the Commission by the record was
pretty clear on their feelings in terms of how they felt about the consistency issue. I
certainly would not say don't remand it back, that is your pleasure. We -- staff is
comfortable in that we could craft some conditions for consideration. Again, it's solely at
your pleasure if you want to continue the meeting, get your questions answered, and,
then, direct us to take the appropriate actions or we could be prepared to have some
language for you and, then, if you get answers to the questions that you might have, but
you're still not comfortable or still not ready or, in fact, you are ready, we can
Meridian City Council
December 20, 2011
Page 11 of 36
accommodate that also. So, I did pick the date of January 17th. I said we could draft
something by then that we think is well considered and protects the city's interest, trying
to read, you know, which direction the Council might be inclined to go. But, again,
Council Member Rountree, if you have questions that you need to -- the applicant to
answer, then, I leave it to you. We are prepared to do your bidding.
Rountree: Thank you, Pete.
Zaremba: I would comment for myself I'm comfortable continuing this to the 17th and
we acted when we had this before us before we acted in kind of a hurry the applicant
seemed to have a reason to rush and we were trying to accommodate that. My
understanding is that reason may not be so much of a rush anymore, so I agree with
let's take the time to do the considered thinking on it and if you're able to come up with
good conditions and protect the city and do that on January 17th, that's fine with me and
I'm sure we will all have more questions at that point, because the project may have
chemicalized some as well. So, if there aren't any further comments, I'd entertain a
motion to continue this to January 17th.
Rountree: Mr. President?
Zaremba: Mr. Rountree.
Rountree: Before I do that -- Pete and Sonya, my concern is that we have sufficient
language in a draft DA that we are comfortable and it's something that we can accept
for that meeting. Otherwise, I think, again, we are going to be continuing this on. If we
can't get to that point I'm not sure where the Council will go, but kind of know where I'm
going to be going. Having said that, I move that we continue this item 9-13 to January
17th, 2012.
Hoaglun: Second
Zaremba: I failed to mention one other thing that I kind of wanted to discuss while this
was still going.
Rountree: Well, you can call for discussion.
Zaremba: It's not exactly discussion on the motion, but the issue to me is -- part of the
reason that we are struggling is that the applicant is not wanting to provide a concept
plan and I'm just going on the history of when I was on the Planning and Zoning
Commission, we didn't accept annexations without a full preliminary plat. We have
gotten a little bit away from that in occasionally accepting concept plans. When we
annex that's an entitlement and we can try and write a real good development
agreement, but I'm uncomfortable -- the issue is not necessarily the applicant that
stands before us, but if they sell the property and down the line somebody else owns it
and now they have this entitlement -- I am uncomfortable going the direction
consistently of not at least having a concept plan. I actually would like to go back to
Meridian City Council
December 20, 2011
Page 12 of 36
having a preliminary plat accompany every -- every application for annexation. So, I
wanted to throw that out for discussion before we continued this particular one.
Rountree: Well, I --
Zaremba: Any comments or --
Rountree: Mr. President, it's a legitimate comment. I think we all have that concern.
Our concept plans have ranged from preliminary plats to block classifications and
design criteria. So, that there is quite a span. I, too, would like to see something
specific on this particular application, particularly as we see the language come for the
DA and that's something I think we can address with the applicant. They bring it
forward, but until they are here -- the staff can convey that message and that message
has already been delivered I believe from staff, but to continue to suggest that
something similar that we had -- that we had on Southridge in the beginning, conceptual
-- there was not a preliminary plat. It was land units and the kinds of things that would
be there and from that we have developed preliminary and final plats in some cases, so
-- but at least we had a sense of what was going to be there, consistent with the plan.
We do have that already with the plan we have in place, but we are being asked to
modify that, so what are those mods going to look like. Pete?
Friedman: If I may, Council -- Mr. President --
Zaremba: Yes, Mr. Friedman.
Friedman: -- Members of the Council. Council Member Rountree raises a very good
point. In our discussions last week -- our discussions really focused largely on a lot of
the minutia about the development agreement. There was some discussion of concept
plans. They, you know, said, essentially, what the Council already knows, that they
don't -- they are not the developer, they don't know who the developer is going to be.
Mr. Nary can help fill in my memory. If I can, I -- we had kind of a short philosophical
discussion about that, that, really, what we were at that point trying to get to is just some
time to get the development agreement language pulled together and I really wasn't
going to take liberties on, you know, pushing any agenda for a concept plan or not a
concept plan at this juncture. Again, I believe that we can pull together language for
Council consideration and applicant's consideration and, then, let you further your
thinking and discussions about the relevancy of a concept plan and, then, have some of
that language before you on the 17th and, then, let it move forward as the Council feels
is appropriate. So, just so I'm clear on two points, is we will continue our work on some
language for your consideration and, then, bring it back before you on the 17th and
await your further discussions and deliberations regarding a concept plan.
Rountree: Thank you.
Zaremba: Thank you. And I guess my question -- beyond just this one application, do
we want to have a discussion of somehow requiring in the UDC that people not be as
Meridian City Council
December 20, 2011
Page 13 of 36
vague, that we do require either a preliminary plat or a -- do we want to have that
discussion?
Friedman: Council President, Members of the Council, I absolutely would enjoy having
that discussion with you as it just relates --
Zaremba: Can we make it a workshop item maybe February? Is that --
Friedman: You tell us.
Zaremba: Just to have a discussion?
Friedman: We are available --
Zaremba: I don't know if I'm the only one that's interested in this.
Rountree: I think it would be a good discussion.
Zaremba: Okay.
Hoaglun: Yeah. I agree, Mr. President. And the more specifics there are the better it
is, you know, for us to look at what's being proposed.
Zaremba: Let's on the February workshop have a discussion of --
Friedman: Very good.
Zaremba: -- requiring something like that. Great. Thank you. We do have a motion on
the floor. Let's see. That would be a voice call. All in favor say aye. Any opposed?
Motion carries. That means the hearing was continued to January 19th -- January 17th,
2012.
MOTION CARRIED: THREE AYES. ONE ABSENT.
C. Public Hearing: AZ 11-003 King Property by Dexter King
Located at 1195 W. Overland Road Request: Annexation and
Zoning of 8 Acres of Land within an R-8 Zoning District
Zaremba: Next item on the agenda is public hearing AZ 11-003. 1 will open that public
hearing and there is request to continue it to March 27th, 2012.
Rountree: Anybody here to --
Zaremba: Do we need any comment on that, other than continuing it or -- any
discussion?
Meridian City Council
Decennber20,2011
Page 14 of 36
Friedman: I apologize --
Zaremba: Sonya. Either one.
Watters: Councilman Zaremba, Councilmen, there is -- the applicant's just requested
continuance until that day.
Zaremba: All right.
Watters: He's trying to work out some issues with his septic system, so he just asks
that we kind of continue it for a little while and give him an opportunity to straighten that
out.
Zaremba: Let's get all the smelly issues done before it gets --
Watters: He may withdraw the application at that time, but he just wanted to get a little
bit more time to work out some issues he has.
Zaremba: All right. Thank you. Mr. Hoaglun.
Hoaglun: I move 97C, AZ 11-003, to continue to March 27th, 2012.
Rountree: Second.
Zaremba: Okay. We have a motion and a second to continue that item to March 27th,
2012. All in favor say aye. Any opposed? Motion carries. That is continued.
MOTION CARRIED: THREE AYES. ONE ABSENT.
D. Public Hearing: PP 11-010 Ten Mile Crossing (fka Meridian
Crossing) by Meridian 118, LLC Located at 1085 S. Ten Mile
Road Request: Preliminary Plat Approval Consisting of 105
Building Lots (52 Residential and 53 Non -Residential) and 4
Common/Other Lots on 115.26 Acres of Land in the R-40, M -E,
C -C and WE Zoning Districts
Zaremba: Next item is a public hearing. I will open the public hearing for PP 11-010,
Ten Mile Crossing, formerly known as Meridian Crossing, and we will begin with the
staff report.
Watters: Thank you, Councilman Zaremba, Councilmen. The next application before
you is a preliminary plat consisting of 52 residential building lots, 53 nonresidential
buildings lots, and four common other lots. The site consists of 115.26 acres of land, is
currently zoned R-40, ME, C -C, and H -E and is located on the north side of Interstate
84, midway between South Ten Mile and South Black Cat Roads. The proposed
preliminary plat is consistent with the previously approved concept plan. Access is
Meridian City Council
December 20, 2011
Page 15 of 36
proposed on the plat via Ten Mile and Black Cat Roads. Currently access is not
available to this property, as right of way has not been dedicated across adjacent
properties to the east or west. Approval of a final plat for the subject property is
dependent on access being available and in compliance with fire department
requirements. Stub streets are proposed at the boundaries of the property in various
locations to provide future connectivity with adjacent properties. A 75 wide easement
exists across the site where the Northwest Gas Pipeline exists. A specific
encroachment permit will be required for development or improvements within this
easement. A large linear open space area is proposed within the easement area. The
Commission recommended approval of the proposed preliminary plat at their November
17th public hearing. Darin Fluke, JUB, the applicant's representative, testified in favor
of the application. No one testified in opposition. Gordon Hamilton from the Williams
Northwest Pipeline commented and written testimony was received from Darin Fluke,
JUB, the response to the staff report in agreement. Key issues of discussion by the
Commission. The Commission commented that they were very appreciative for the
consistency of the proposed plat with the approved concept plan and the Ten Mile
interchange specific area plan. There were no changes to the staff recommendations
and no written testimony has been received since the Commission hearing.
Outstanding issue for the City Council. There is no outstanding staff or applicant
issues. However, the Ada County Highway District report will not be available until after
January 4th. Staff recommends if the Council decides to go forward with the application
that it continue to comply with ACHD conditions of approval. ACHD did e-mail me today
with an update on their review. Although they are still in the process of reviewing the
revised traffic impact study and running an additional analysis on one of the internal
intersections, they did not have any significant concerns with the project or with the city
moving forward with the application tonight. Staff will stand for any questions the
Council may have.
Rountree: I have none at this time.
Zaremba: Council, any questions?
Rountree: I have none.
Zaremba: Okay. Then we are ready for the applicant. Mr. Fluke, nice to see you
again. Please begin with your name and address.
Fluke: Thank you, Mr. President. My name is Darin Fluke with JUB Engineers. My
office address 250 South Beechwood in Boise. Chris -- or Sonya did a fine job
summing up the application. I'm not going to belabor my presentation for you. I think
that this is -- this plan that you have before you is consistent with the development
agreement that is on file with the city and this is just the first step in the development
process. So, once the preliminary plat is approved we will move into design on phase
one and continue to work on access issues. So, we understand what we need to do to
develop the property, we are comfortable with that and that it's going to happen and I
Meridian City Council
December 20, 2011
Page 16 of 36
think I will leave it at that and if the Council had questions I would be happy to take
those now.
Zaremba: Council, any questions? Mr. Rountree
Rountree: Mr. President. Darin, this property has the Northwest Pipeline through it.
That's been an issue in several projects that we have had. Have they expressed an
opinion on the age and condition of that pipeline?
Fluke: Not to -- not to the best of my knowledge. Not to my client or to us.
Rountree: What do you envision in that corridor?
Fluke: Primarily it's a large open space adjoining the pipeline. It's -- you know, given
the configuration of that pipeline it presents quite a challenge to the layout I think. What
we have done here works with what's on the ground and, you know, is the best layout
for the site given the fact that that cuts across there. At the previous hearing the
Williams representative did express an appreciation for working with our client on this
and they have no particular reservations on the application.
Rountree: Thank you.
Zaremba: I guess the pipeline is a concern and as we move along with developing
along it I -- we discussed at one time developing some -- not just emergency
procedures, but some preventative procedures and I don't know whether that's a
Planning and Zoning question or a question for Deputy Chief Amenn. I know the fire
department was somewhat involved. Are we working on some kind of emergency plan
for now beginning to make the Williams pipeline part of an urban area?
Amenn: Yes, we are. Deputy Chief Palmer is currently working on the pipeline
proposal and it's something that we are trying -- going to try to add to the city as an
ordinance and it will become part of our Uniform Fire Code.
Zaremba: Okay. And will that have an impact on planning and zoning activities?
Amenn: I could not speak exactly to what level of impact it would have, but it will set out
guidelines as far as what distances need to be maintained away from the pipeline area
and what notifications need to be made.
Zaremba: Okay. All right. Thank you. Mr. Friedman.
Friedman: Council President, Members of the Council, we will be involved with the fire
department on not only the development of that ordinance, but the implementation of it.
One of our initial discussions with both Chief Niemeyer and Deputy Chief Palmer were
where to house the ordinance and we all determined that it would be best if we put it in
the fire code, because, then, we can more nimbly adjust it as need be, rather than
Meridian City Council
December 20, 2011
Page 17 of 36
having to go through the Planning and Zoning Commission and the Council process to
get an ordinance amended. So, once the ordinance has been developed and -- an
ordinance has been developed and approved by Council, obviously, there will be
standards in there that will be incorporated probably into standard comments that the
fire department would make in the review of any proposal with the pipeline corridor line,
as well as any additional standards that might be needed to be applied, so --
Zaremba: Okay.
Friedman: -- we are trying to work together and fold it together that way
Zaremba: Great. Thank you. And I guess my question for Darin would be does
anything about that question bother you? You have been working with the pipeline
people and I'm sure they have pretty good requirements as well.
Fluke: Yeah. Mr. President, nothing particularly bothers me. We have -- we have
developed other projects around pipelines, notably Lakemoor Subdivision in Eagle.
Two Rivers. And so we are -- we are experienced in dealing with the pipeline folks and
we are comfortable with the requirements that are in the staff report.
Zaremba: Great. Thank you. Council, any other questions?
Hoaglun: Well, Mr. President, just --
Zaremba: Mr. Hoaglun.
Hoaglun: Just to remark and pass on, Chris, if you might to Chief Palmer about, you
know, getting input from folks who have worked on pipelines and as Darin mentioned,
they have done things like that. There is a safety aspect, but there is also the aspect of,
you know, we really can't do that because -- and I just -- if you could pass onto him to
encourage that we take advantage of some of the expertise that's out there in the
community -- they are working with these things to develop, but knowing full well we
want to protect our citizens in making sure we can make something that's workable for
everybody.
Amenn: Yes. I can tell you that they are working from a model ordinance that was
created by the pipeline commission. There is an association -- I can't recall the name of
it exactly, but Williams Pipeline I know and Phillips Conoco are two of the big players in
that and they have developed an ordinance they use throughout the country for similar
situations like this and they are pretty well working from that. So, the pipeline
companies have bought off on it and it meets all of our needs as well.
Hoaglun: And, Mr. President, just to follow up, I just want to make sure that we don't
throw these folks any surprises, any curves that here they are moving forward with the
plans, they are talking to the pipeline company and we do something that's outside of
that scope and that kind of changes the game for them, if you will, and -- and it might be
Meridian City Council
December 20, 2011
Page 18 of 36
something that we may have to do, 1 don't know, but I just don't want to be surprising
folks when they are along a path of getting things done. So, just I guess my comment is
let's make sure we are communicating with a lot of folks.
Amenn: Sure. And as the gentleman stated, the pipeline companies are very good to
work with. They certainly have a vested interest in maintaining their right of way and
certainly of being good neighbors to the businesses and residents and -- residents built
next to them, so they have always been very good to work with. They know that they
have a hazardous situation that some of the people are concerned with, so they are
very conciliatory when we go to them.
Hoaglun: Great. Thanks, Chris. Appreciate it.
Zaremba: Thanks. This is a public hearing. Mr. Fluke was the only one signed up to
speak, but if there is anybody that -- else that would care to testify, this is your
opportunity. Okay. Seeing none, then, Mr. Fluke doesn't need to make a rebuttal on
anything, so Council?
Rountree: Mr. President, I see our ACHD representative back there and just because
you're here tonight, Christy, I got to ask you a question.
Zaremba: Welcome. We are glad to have you here. As always, please, start with your
name and address.
Little: Christy Little with the Ada County Highway District. 3775 Adams Street in
Garden City.
Rountree: Just a question. Do you know of any surprises we might have, other than it's
your request that we do a conditional approval based on your comments?
Little: No. Our staff has spent quite a bit of time reviewing this. Where we are at right
now is we had asked for some modifications to the traffic impact study. We have
received back. Our traffic engineer is still looking at those. And we also need to review
an additional analysis on some of the internal intersections. So, we don't have any
issues. This project will have to move forward to the ACHD commission just because of
its size, but we expect that the applicant and staff will agree to the condition and it
should be a consent item.
Rountree: Thank you.
Zaremba: Thank you. Okay. Council?
Rountree: Mr. President?
Zaremba: Mr. Rountree.
Meridian City Council
December 20, 2011
Page 19 of 36
Rountree: I move that we close the public hearing on Item 9-D.
Hoaglun: Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That
motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Mr. President?
Zaremba: Mr. Rountree.
Rountree: I move that we approve Item 9-D subject to the receipt of ACHD's
comments.
Hoaglun: Second.
Zaremba: We have a motion and a second. Madam Clerk, will you call roll, please.
Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Zaremba: All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10: Department Reports
A. Police and Prosecutor's Office Report: Open Container City
Code Updates
Zaremba: Thank you very much. Next we are on to Item 10, the Department Reports.
The first one is A, police and prosecutor's office report open container city code update.
Nary: Mr. President?
Zaremba: Mr. Nary.
Nary: Mr. President, I can probably give you some thoughts and, then, let the chief and
Terry -- police had brought an issue to us in regard to some enforcement issues in
regards to the possession of alcohol on the public sidewalks. So, we worked with Emily
Kane from my staff, worked with Terry and the police department in crafting an
ordinance and Terry is here to talk about it a little bit from the prosecution's side and I
don't know if the chief has more to add from the police perspective as well.
Zaremba: Okay. Chief Lavey
Meridian City Council
December20,2011
Page 20 of 36
Lavey: Mr. President, Council, I don't know if I have anything else to add. I know that
earlier this fall it was brought to my attention some problems with one of our current
ordinances and we were having some cases dismissed that had come up. It's not
happened regularly. Only about half a dozen times a year, but it's really kind of time
that we make the proper adjustments and, really, what it comes down to is -- is it's
unlawful to bring an open container out of a licensed establishment and walk upon the
sidewalk. But if you purchase that anyplace else, convenience store or grocery store, or
bring it yourself, there is no ordinance that allows -- or prevents that from happening
from walking all over the city and there is some additional changes that need to be
made as far as making sure that our city ordinances match with state law in regards to
open containers in the vehicles. With that being said, I know just enough to be
dangerous and so I have brought our prosecutor along with us, Terry Derden, and I
would turn the podium over to him to express the problems that he's been having and,
then, the proposal that he has sent to Emily and Bill for review. Our intent is to just
make you aware of it right now and to get everything prepared and, then, most likely
bring it back to Council to hear it, consider it, first part of next year.
Zaremba: Okay. Great. Thank you. Terry, welcome.
Derden: Thank you.
Zaremba: As always, for the record, please, start with your name and address.
Derden: Terry Derden. 11319 West Starlet in Boise.
Zaremba: Thank you.
Derden: I am your contracted city prosecutor through Boise city. What I have seen in
the past year is that when officers make contact with folks either drinking on public
sidewalks, in parking lots, which is the biggest violator, or in open -- in parked vehicles
with drinking, they want to be able to write them citations for it. That's prohibited
conduct in Boise, it's prohibited conduct under state code, Meridian's code at this point
is just outdated. My best example is you can go into a bar and buy a beer or an
alcoholic beverage -- if you left the bar with that drink you would be in violation of the
current city code. If you left a Jackson's or a Maverick station with a closed container
you would not be in violation. If you bought beer out at Albertson's and decided to pull
into one of the parking lots anywhere in the city, you could sit in the City Council -- or
the City Hall parking lot and drink that alcohol as much as you want and there would be
no reason for officers to make that contact. The reason we encourage officers to make
that contact is, obviously, to cut down against drunk driving and we have officers who
have contacted people and folks in cars and we have had to dismiss those citations just
for being outside ordinance. So, what we have drafted, essentially, is an ordinance that
would allow your -- where ever an open container was it would be illegal in the City of
Meridian, whether you bought it at a licensed establishment that's retail by the drink or a
retail with a closed container and it would still be illegal for it to be out in public and
Meridian City Council
December 20, 2011
Page 21 of 36
being consumed in anyplace that is public or open to the public. The only exception to
that would be if you, the Council and through city code, allowed certain areas of the
park or certain hours of the park to be designated times where someone could consume
alcohol pursuant to some sort of function or license that they would get from the city.
The last part of the ordinance would be that it would be illegal to possess an open
container in a vehicle. If you were a driver it would be a misdemeanor. So, if we stop
someone for a failure to maintain their lane and they are not over the DUI .08, but they
have an open container of alcohol, which is quite frequent, we would still be able to at
least cite them with a misdemeanor and have general misdemeanor penalties. The
state code at this point has that as an exception for passengers, so it would be
misdemeanor for any driver and, then, any passengers who were in possession of an
open container would have an infraction that they would just go down and pay at the
courthouse. I believe that's clear. Emily has drafted it to be I think just exactly what
would fit the needs of police here and make it something that we could prosecute and
get convictions on. As the chief said, I pulled the numbers for him, it was six times last
year that we used that code section. We use the state code quite a bit more. But
officers would use that tool I think to at least have probably cause to make contact with
people, investigate drunk driving, and, then, write the citations if they needed to.
Zaremba: Well, it sounds reasonable to me to make the rules more consistent.
Derden: Exactly.
Zaremba: So, that sounds fair. Council, any comments?
Hoaglun: Mr. President? And it sounds like --
Zaremba: Mr. Hoaglun
Hoaglun: -- Terry, you have got a way -- a mechanism in there that -- we have been
talking about our downtown restaurants and creating space in the sidewalks that's
fenced off and it's something that P&Z has been working on, that we could do that within
our ordinance and still have this in place and not have to do any changing?
Derden: Yes. The draft would allow for that. That was something Emily brought to my
attention from the very beginning and I -- the draft that you're looking at now is what her
and I have sent back and forth through e-mail and allows for that.
Hoaglun: Great. Thank you.
Zaremba: Thank you. Any other comments?
Derden: Thank you, gentlemen. I hope you have a Merry Christmas
B. Public Works: Budget Amendment for FY2012 in the Amount
of $50,000.00 for the Reclaimed Water Facility Corrections and
Meridian City Council
December 20, 2011
Page 22 of 36
Modifications with JC Constructors, Inc.
C. Public Works: Request for Sole Source and Award of
Agreement to JC Constructors for "Reclaimed Water Facility
Corrections and Modifications" for the Not -To -Exceed Amount
of $56,000.00
Zaremba: Thank you very much. Merry Christmas to you also. Next item on our
agenda, Items 10-B and 10-C I have a personal conflict with, so I will turn the running of
the meeting over to our Vice -President Hoaglun --
Nary: Mr. President?
Zaremba: -- and make a note for the record that once we have established a quorum
apparently my absence does not diminish that -- Mr. Nary is going to comment on that.
Nary: Two things. On the previous item do you want us to bring a draft for first reading
your next meeting?
Zaremba: Would that be January 3rd?
Nary: January 3rd.
Zaremba: That would be fine.
Nary: And, then, on the next one, yes, the quorum -- since the quorum has been
established all you're doing is recusing yourself from this item. You're not -- you're not
excusing yourself from the meeting --
Zaremba: Right.
Nary: -- you're just excusing yourself from this item. So, the quorum still remains, even
though Council Member Bird has left.
Zaremba: For Item B and C I will turn this over to Mr. Hoaglun and, please, call me
when you're done.
Hoaglun: Thank you, Mr. President. And for staff comment, Clint, I guess you're going
to be doing that?
Dolsby: Council Vice -President Hoaglun, Councilman Rountree, we have two separate
items here. The first item is a budget amendment in the amount of 50,000 dollars for
the reclaimed water booster station reservoir modification and correction. This, along
with the existing budget, will give us the funding to do the project, as well as a 10,000
dollar contingency in case something comes up during the construction. So, first, we
Meridian City Council
December 20, 2011
Page 23 of 36
would ask for the approval of the budget amendment and, then, move to the next item
for full force and agreement.
Hoaglun: Any questions from Council Members?
Rountree: I have none.
Hoaglun: I have none as well.
Rountree: Mr. Vice -President?
Hoaglun: Mr. Rountree.
Rountree: I move that we approve the budget amendment in the amount of 50,000
dollars for Item 10-B.
Hoaglun: And I will second that. Madam Clerk.
Roll -Call: Bird, absent; Rountree, yea; Zaremba, absent; Hoaglun, yea.
MOTION CARRIED: TWO AYES. TWO ABSENT.
Dolsby: Thanks. The second item is the Sole Source Form and Agreement JC
Constructors to perform the work. What we are looking for here is the approval of the
Sole Source Form. Also approval of the construction agreement with the stipulation that
the Mayor would sign the agreement after the 14 day posting period, which is required
for sole source. So, the approval tonight will post it and the Mayor would sign it for 14
days from now, that construction agreement for JC for -- in the amount of 56,000 dollars
in partnership with them for this project.
Hoaglun: Clint, I have one question. What -- when is this supposed to -- if this is
approved tonight when are they looking at starting this project?
Dolsby: Council Vice -President Hoaglun, just after the first of the year
Hoaglun: Okay. Okay. Thank you. So, soon after that 14 day period they will get that
underway.
Dolsby: Yes.
Hoaglun: Okay. Thank you. Any other questions?
Rountree: None. Mr. Vice -Chair, I move that we approve the Sole Source and
Agreement Award for Item 10-C and authorize the Mayor to sign and the Clerk to attest
after the specified period of time has elapsed.
Meridian City Council
December 20,2011
Page 24 of 36
Hoaglun: I'll second that. Madam Clerk, call roll.
Roll -Call: Bird, absent; Rountree, yea; Zaremba, absent; Hoaglun, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Dolsby: Thank you.
D. Planning Department: Discussion of Residential Design
Guidelines for Southridge
Hoaglun: There you go. Thank you, Clint. Appreciate it. We will get Councilman
Zaremba back and he will take us to 10-D, the Planning Department, discussion of
residential design guidelines Southridge, another two minute item.
Friedman: Thank you, Council President Zaremba, Members of the Council. Briefly,
the final plat for the first phase of Southridge is getting closer and closer to approval and
one of the few outstanding items is clarification on the approved elevations for the
residential portion of it and the requirement that they were to submit design guidelines.
It's been, as you can imagine, a rather complex web that was woven with this project
and so I'm going to turn this one over to Sonya, because she . has successfully
navigated that web. But we are seeking your guidance tonight on an approach on
getting some guidelines approved and some elevations I think maintained, so that we
can move the plat forward. The city has a real interest in this, because if this plat
doesn't get approved we have a road network out there that is not a public road network
and we have other developers who are actually relying on the availability of those
streets to develop their property. So, there is a key public interest in -- both in the
applicant's interest, I think, and in the city's interest of getting this plat moved forward.
So, with that I'm going to turn it over to Sonya.
Watters: Thank you, Pete, Councilmen. The current development agreement provision
for Southridge requires that prior to the city engineer's signature on the first final plat the
applicant shall submit and obtain Council approval of plans that propose specific and
detailed architectural guidelines for the single family residential portion of the
development that address at a minimum variety in structures within a block, building
mass, building materials, roof lines, colors and architectural styles. These guidelines
were meant to coincide with the building elevations presented at the Commission and
Council hearings for the annexation in 2006, which were included in the development
agreement. Those are the elevations you see here on the overhead. I'll just run
through those real quick. They have the American Farmhouse, Craftsman, American
Frontier, Pacific Northwest, Tuscan Farmhouse, Alley Loaded. Then, they have some
elevations and lot layouts here for the zipper lot. Sixty-five foot wide Lots. These two
are going to be developed in the first phase of Southridge and, then, here is some for
the 70 and 80 foot wide lots and 90 and the Hillside lots. Since the time the property
was annexed the single family residential portion of the development has changed
ownership. For this reason the applicant is now proposing revised elevations, as shown
Meridian City Council
December 20, 2011
Page 25 of 36
here, that will only apply to phase one and that design guidelines will be submitted as
part of an upcoming modification to the development agreement prior to recordation of
any future phase of development. Staff is recommending that the applicant be held to
the original elevations with the requirement that development comply with the guidelines
for residential developments contained in Chapter E of the Meridian design manual,
excuse me, until such time as the applicant amends the development agreement to
include specific architectural guidelines for the development as required. This will allow
the plat to be signed and moved forward in the recording process. The applicant could
not be here tonight, but he has submitted an e-mail in agreement with whatever option
the Council feels appropriate, as long as the plat is able to proceed in the recording
process. Staff will stand for any questions Council may have.
Zaremba: Council, any questions?
Rountree: None.
Zaremba: I don't think so. I don't see anybody around to make any other comments.
Mr. Friedman.
Friedman: Mr. President, Members of the Council, what staff would recommend is I
believe is what we have identified as option number one in Sonya's memo that Council
go ahead and direct us to maintain the current elevations that were approved with
Southridge development agreement. In the absence of the written guidelines, then, let
our residential single family design guidelines control, even though we don't do review
of single family design review of single family homes and, then, as Sonya had indicated,
the applicant has at least indicated to us that he will be modifying the development
agreement yet again and be back before you, so you will have -- and I believe he has
indicated there will yet be another set of elevations and that he will be preparing his own
private design guidelines. So, in the event that we do get some residential development
out there, at least we will coordinate with the building department on the elevations that
were originally approved and that is the -- I guess the direction and guidance we are
seeking from you tonight.
Zaremba: Mr. Rountree.
Rountree: Mr. President. I'm inclined to go with the original and I would also have that
-- make a recommendation to the applicant that his -- his revised elevations are simply
not acceptable.
Sonya: Noted.
Hoaglun: Mr. President?
Zaremba: Mr. Hoaglun.
Hoaglun: I prefer the original elevations as well.
Meridian City Council
December20,2011
Page 26 of 36
Zaremba: I will make that three.
Rountree: Do you need a motion to that effect or is it just consensus of the Council.
Mr. Nary?
Nary: Yeah. I think -- well, I guess you're not really -- this is just an update and a
request, not an actual application for a modification of the development agreement.
Friedman: That's correct.
Nary: So, what you're saying is that based on what your dialogue has been the
Council's direction is they really like the original product.
Zaremba: I would take that as direction to staff.
Sonya: So, just to confirm, Council's direction is to go with the original elevations and,
then, tie the applicant to the residential design guidelines contained in the City of
Meridian design manual until such time as the applicant comes forward with guidelines
for Council approval with an amended DA; is that correct?
Zaremba: Yes.
Rountree: Correct.
Hoaglun: Yes.
Sonya: Thank you.
E. Planning Department: Paramount Elementary Portable
Classroom Structure
Zaremba: Thank you. Okay. We are on to E, which is also the Planning Department,
Paramount Elementary portable classroom structure.
Friedman: Thank you, Mr. President, Members of the Council. As you will recall,
approximately two years ago the school district submitted at certificate of zoning
compliance and design review for a portable classroom at Paramount Elementary
School. The staff at that time did not approve it, because we felt it was inconsistent with
the design guidelines. That decision was brought before the Council for review.
Following a couple of meetings the Council did, in effect, allow the school district to
keep the portable there. They said that you could keep it there for two years and if it
was to go beyond that two years you would -- actually, the staff would initiate a
certificate of zoning compliance and design review for it. That two years has past. In
the interim period during that time staff worked on an ordinance amendment and
brought it to Council. The decision at that time and the current ordinance simply says
Meridian City Council
December 20, 2011
Page 27 of 36
that for portables you can submitted a certificate of zoning compliance and certificate of
zoning compliance is good for up to four years from the date a certificate of occupancy
is issued. If at the end of four years it's the school district's decision that that building is
to remain, then, the school district would have to apply for a certificate of zoning
compliance and design review subject to standards that were incorporated in the code.
If they could not meet those standards they would apply for a Conditional Use Permit.
So, where we have now a code that gives them four years without design review, we
have the portable there that, based on your original decision would have to -- actually,
staff will have to initiate design review and certificate of zoning compliance. What we
were -- rather than just start that, we wanted to ask the Council if -- there is a couple of
options here. One would be for -- because the new code really does allow up to four
years if Council would be comfortable just extending two more years the current
approval and at the end of those two years they would, then, be subject to filing
certificate of zoning compliance and design review consistent with the current code or if
you want us to initiate design review and certificate of zoning compliance now,
conceivably they could get another four years or just -- I'm not quite sure which way to
go with this one, so -- I mean my initial thought has been give them two more years, that
brings them up to the four years that they would currently be entitled to on another site
and they could have a decision as to whether or not to leave it there or move on.
Zaremba: I would say that I certainly could see -- since we have made everything else
four years, it makes sense not to penalize them necessarily, but refresh my memory, is
that the one that was very apparent to the neighbors -- I mean it was in a location that
stuck out like a sore thumb and we required it to be painted and maybe -- I forget what,
some landscaping put around it or something that -- did any or all of that happen?
Friedman: I believe it was painted. I don't know that the landscaping has been put
around it. We will certainly -- we can check that out. Probably should have gotten out
there. But I know that there was -- actually, think Luke was able to facilitate a volunteer
effort to get it -- I don't know. It did get painted. I know that.
Zaremba: Okay.
Friedman: That is the one.
Hoaglun: Mr. President, if I recall, that was the biggest issue was the glare with the sun
and the paint job and -- and that's the big thing that's taken care of. I'm glad to hear that
and I'm comfortable with two years, letting it go the full four, recycle it through and, then,
it goes through the process next time around. And, Mr. President, if I might add, we
could -- you would let them know that if this is the decision of the Council that we are
extending that two years. Thank you.
Zaremba: I would add to that I still want to maintain that temporary is temporary, that it
doesn't go on forever, but if we are giving other people four years I don't have a problem
adding two years to this one. Mr. Rountree is thinking very hard.
Meridian City Council
December 20, 2011
Page 28 of 36
Rountree: Yeah. It seems to me that the choices that we have is that you give them a
certification now after the two years and they are done, they don't -- they don't have to,
then, fall under the new code.
Friedman: Well, actually, Council Member Rountree, Members of the Council, the way
the original approval was -- that after October 27th, 2001, we would initiate a new
application for design review and the structure would be reviewed for compliance of the
design standards in effect at that time. So, we have to initiate the design review for that.
We would probably come back with either another CZC or a CZC with prior approval
and, then, since it's a new certificate of zoning compliance it kicks in the new
regulations.
Rountree: Okay. Okay
Hoaglun: And Pete and Mr. President, if I might, refresh my memory. They could
convert it to a permanent portable classroom, but I can't remember what -- what those
standards were, what makes that change.
Friedman: Yeah. It's a -- the thing that -- what we did was we adopted a code that said
you get a maximum of four years under the CZC, but you don't have to go through
design review. If at the end of that four years it's the decision of the district that they
want to leave that in place, then, it's a full certificate of compliance, full design review,
subject to standards that we have in the code. If they can't meet those standards, then,
a Conditional Use Permit kicks in and, I apologize, I don't have those specific standards
right at the tip of my tongue. We could grab them if you like.
Hoaglun: Mr. President? Pete, I just couldn't remember that -- that particular process,
thank you for that, because I know they have portables out there that are permanent
portable classrooms. They have been there since my kids were in school. So, I'm sure
we will be seeing some of that come through in the future.
Zaremba: Well -- and what it sounds like is -- if at the four year point they couldn't meet
design review, there would actually be a public hearing, which means that the neighbors
would be noticed and be able to weigh in, which I think is important, since it was a major
issue to begin with. I would want them to have their say. So, that would happen two
years from now if they can't meet the design review.
Friedman: Well, they -- Council President and Council, at the end of two years, if that's
the direction Council wants to go, they would apply for a certificate of zoning compliance
and design review and if they don't meet those standards, then, we could kick it over.
Zaremba: Yeah. Well, yes, if they meet the standards, that's fine, so
Friedman: Yeah.
Zaremba: Great. Thank you. I think you have the consensus.
Meridian City Council
December 20, 2011
Page 29 of 36
Friedman: I think so. This has been kind of one of those things, again, trying to figure
out which one -- so, if I understand --
Zaremba: Well, allow it four years, which means two years more.
Friedman: Two years more.
Zaremba: And we have already had two years.
Friedman: Yeah. The direction -- is the city's direction is you have two years more and,
then, you either move it or apply for full certificate of zoning compliance and design
review.
Zaremba: Yeah. Not to add more work, but it might not be a bad idea to have
somebody swing by and take a look at it and see just -- I know they said they were
going to paint it and we haven't heard from the public that it didn't get painted, but --
Friedman: We can get pictures and --
Zaremba: I thought maybe they were supposed to plant a tree or two around it, too, so
might want to review the notes from two years ago. I'm sorry about that.
Friedman: No. That's fine. And we will get pictures and scan those and send those to
you.
F. Legal Department: Discussion and Update Regarding Varsity
Kitchen Alcohol License Application Process
G. Clerk's Office: Approval of New Beer and Wine License
Application for Red Star Hospitality dba Varsity Kitchen
Located at 1441 N. Eagle Rd. Suite 200.
Zaremba: Yeah. Great. Thank you. Okay. Item F, Legal Department. Mr. Nary.
Nary: Thank you, Mr. President, Members of the Council. What you have is an update
on the Varsity Kitchen alcohol license and I think we are seeking direction as well. The
Varsity Kitchen is the licensee for what was formerly the Bull's Head Pub and the Bull's
Head Pub, when it was in operation was a single licensee in one building that had a
restaurant underneath in the first floor and the upstairs Bull Head Pub served food that
came from the downstairs kitchen. So, when they went to apply for a new license --
there is now two licensees in that building. One is the Lucky Fin Sea Food Restaurant
that is open, it has CO occupancy, it has its own liquor license that's been approved and
it's fine. The licensee believes they could, basically, maintain the same operation as the
previous tenants, the previous licensees, on that parcel, so that was what they applied
for is essentially a transfer of the old license. They initially got approved by ABC,
Meridian City Council
December 20, 2011
Page 30 of 36
Alcohol Beverage Control, then, when it came through our police department Lieutenant
Overton realized there is two licenses on the premises and there was no food facility in
the -- what is now being called Varsity Pub and because it's a separate license they
can't get -- they have to have their own facility to be a restaurant. They can't -- you can't
have an alcohol license and order pizza from Dominos to be your food vendor, you have
to actually prepare food on site to be a restaurant. So, ABC still has approved them as
a bar, they are still legally a bar under ABC standards, but under the city code's
requirements they would need to be -- have a CUP to operate as a bar or they have to
have a kitchen to be a restaurant and, then, it wouldn't require a CUP. So, we have
notified the licensee of this Catch 22 that they are in and they have decided to install a
kitchen and so we looked at our recent history and we had a different licensee when
Brewforia went through this initially where they opened and they were still constructing a
kitchen, so the planning department -- Pete Friedman had notified them that they need
to get the process going to do that, to get a kitchen installed and they agreed to do that
and submitted plans to build a kitchen in their facility, so what we agreed -- from the
staffs perspective as a compromise to allow this business to get moving is that because
they have plans that have been approved and they are in the process of building a
kitchen, the city could approve just the beer and wine only, which is our only precedent
that we have ever done. Not liquor, but just beer and wine only, until the remainder of
this licensing period ends, which is April 30th. So, if by April 30th their kitchen isn't
complete, they won't get a renewal, because this -- that was one of the conditions they
had. They have the ability to apply for a CUP if they want to be a bar only and that
process takes approximately the same amount of time, three to four months. They
haven't applied for a CUP to this point, but we were comfortable with, again, the very
limited times that we have had this issue come up that allowing them to operate with
just beer and wine while they were in the process of building the kitchen would not be
something that was offensive or shocking to what our ordinances allow and, again, we
wouldn't allow alcohol, so this request is simply just for a beer and wine license while
they get this kitchen installed and they are in the process of doing that from the last I
was told. And if I have missed any of those points I think Pete has some background of
that and Lieutenant Overton is out of town, but he did contact us today basically
verifying that's what the police had agreed to was beer and wine only while they are in
the midst of doing this.
Zaremba: Pete, you're nodding your head.
Friedman: Council President, Members of the Council, yeah, to date the status is that
the applicant has actually received approval from Central District Health for their
kitchen. They have also submitted plans to building services, they have received
approvals there, so they will be moving forward with the kitchen. They may or may not
be still considering the Conditional Use Permit to become a bar only. We haven't seen
that. But at least they appear to be taking the steps to obtain a restaurant license and
get a kitchen installed there at this time. So, again, as Mr. Nary said, I think, you know,
we are -- we have arrived at a compromise with them, but it certainly still leaves a fair
amount of responsibility on their part to perform something by April 30th or they won't be
renewed anything.
Meridian City Council
December 20, 2011
Page 31 of 36
Zaremba: So, the next item on our agenda is that beer and wine license only, it's not
including liquor, and it would expire at the end of April; is that correct?
Friedman: That is correct.
Zaremba: Council?
Hoaglun: Mr. President. Just a question for you Chief Lavey or -- with Lieutenant
Overton out of town, are we good to go? No problems out on your end.
Lavey: Mr. President and Council, actually, Lieutenant Overton is back in town and I
spoke with him at 5:00 o'clock at the station this evening and he concurs with what Pete
had just said. The current plan is to go with the kitchen plan, but they are exploring
other options as well. It really comes down to cost and the police department is
comfortable with this temporary fix until April 30th. It's not unusual. We have done it in
the past. But we can go either way. But currently that is the plan, yes.
Hoaglun: Thank you.
Zaremba: Thank you. All right. Then I believe we can move on to Item G. I would
entertain a motion regarding the beer and wine license for Varsity Kitchen.
Hoaglun: Mr. President?
Zaremba: Mr. Hoaglun.
Hoaglun: I would move approval of the new beer and wine license application for Red
Star Hospitality, dba Varsity Kitchen, located at 1441 North Eagle Road, Suite 200, until
April 30th.
Rountree: Second.
Zaremba: We have a motion and a second. Is that a roll call vote or do we need a --
okay. Madam Clerk, would you, please, call roll.
Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Zaremba: All ayes. That motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
H. Clerk's Office: Approval of Beer/Wine/Liquor Owner Transfer
from Sea Swiper LLC to J & D Industries dba MUGGSYS;
Located at 501 S. Main St.
Meridian City Council
December 20, 2011
Page 32 of 36
Zaremba: Next is another clerk's office item. H. Madam Clerk.
Holman: Council President, Members of the Council, this is another one. Ada county is
also meeting tonight and that is the only thing that is holding back this applicant from
providing us with the proper documentation, so we are just asking for a conditional
approval for Council President Zaremba to sign and for the Clerk to hold signature until
they provide us with proof of Ada county approval.
Zaremba: Council, any questions? I would entertain a motion.
Hoaglun: Mr. President?
Zaremba: Mr. Hoaglun.
Hoaglun: I would move approval of the beer wine license -- beer wine liquor owner
transfer from Sea Swiper, LLC, to J&D Industries, dba MUGGSYS, located at 501 South
Main Street, here in Meridian pending approval by Ada county and authorize the
President to sign and Clerk to withhold signature until that approval is received from the
Council.
Rountree: Second.
Zaremba: We have a motion and a second. Madam Clerk, would you call roll.
Roll -Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Zaremba: All ayes. That motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 11: Future Meeting Topics
Zaremba: Next item is future meeting topics. Anybody have anything they want to
add? I suggested that our February workshop include a discussion of annexation,
preliminary plat, concept plans. Anybody have any other subjects to discuss now or
later?
Rountree: Mr. President, don't have any other than with the holidays and -- the holidays
the first -- end of January going into the first part of February and -- I'm wondering if,
Pete, you guys are going to have enough time to have something of substance for us
for that particular workshop or if you might want to wait until March.
Friedman: I -- Council President, Council Member Rountree, Council Member Hoaglun,
I think if you -- from our perspective some of it we are going to rely on you, because I
think it's going to be a philosophical discussion, if you will. We can provide you with
some alternative approaches, a couple that have been running through my head right
Meridian City Council
December 20, 2011
Page 33 of 36
now. To me details fall into things like size and stuff like that. Where do we put it?
How do we put it? How do we provide flexibility. So, you know, again, depending on
what level of detail you want, if you want to have a higher level discussion on the 10th,
and, then, give me some -- you know. I mean we will come prepared with some ideas
or if you want us to really flush it out and do it in March we are happy to do that, too,
but --
Zaremba: I'm comfortable either way. I viewed the preliminary discussion as probably
a more general thing and not necessarily needing all that much homework, but --
Rountree: I agree. I don't want a real high level thing. We can talk our concepts, our
ideas, and you get a better handle of how to put the details together.
Friedman: Yeah. Yeah. I appreciate that. I think once we get a sense of the Council,
then, we can --
Rountree: Okay.
Friedman: --move forward
Zaremba: February.would be okay?
Friedman: Absolutely.
Zaremba: Okay. That's not a statement, that's a question.
Friedman: Mine was a statement. Absolutely.
Zaremba: All right. Just want to make sure. It's not the only thing you have to do, so --
Friedman: I appreciate that. Thank you very much.
Zaremba: Any other topics for discussion? Anybody else? I would entertain a motion
to close.
Rountree: I move we adjourn.
Hoaglun: Second.
Zaremba: We have a motion to adjourn and a second. All in favor say aye. Any
opposed?
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: We are adjourned.
Meridian City Council
December 20, 2011
Page 34 of 36
Rountree: Merry Christmas, everybody.
Zaremba: Merry Christmas, everybody.
MEETING ADJOURNED AT 8:24 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
WE
MAYOR T� r DE WEER
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.1. TR &
DATE APPROVED
CITY CLERK
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Contract Amendment No.2 to Centra Consulting, Inc. for "QLPE Plan Check Services"
for the Not -To -Exceed Amount of $50,000.00
MEETING NOTES
ow
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Memo
To: Jaycee Holman, City Clerk
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Scott Steckline
Date: 12/15/11
Re: December 20th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item ,be placed on the
December 20th City Council Consent Agenda for Council's consideration.
Request for Award of Contract Amendment for QLPE Plan Check Services The
Purchasing Department is requesting approval of a Contract Amendment to extend
the current agreement for QLPE Plan Check Services to Centra Consulting Inc. in the
amount of $50,000.00. This amendment is the 2nd of a possible three one year
extensions available under the original agreement executed on 12/8/09.
Recommended Council Action: Approval of Contract Amendment No. 2 to
Centra Consulting Inc. and authorize the Mayor to sign for the Not -To -Exceed
amount of $50,000.00.
Thank you for your consideration.
0 Page 1
O E I' j f *---
IDAHO
CITY OF MERIDIAN
CONTRACT AMENDMENT No 2
CENTRA CONSULTING
QLPE Plan Check Services
CONTRACTOR NAME:
DEPARTMENT NAME:
CENTRA CONSULTING, INC
-Public Works -
ADDRESS:
ADDRESS:
413 W IDAHO, STE 302
33 E. Broadway
BOISE, ID 83702
Meridian, ID 83842
CURRENT CONTRACT INFORMATION:
Contract Name 8 Project No. QLPE PLAN CHECK SERVICES
Previous Amendment Date. 126/71 - Previous Amendments: I
Current Contract Dates: START: 12122(2010 COMPLETION: 1221/2011
Current Contract Amount (Inclusive of Previous Amendments to Date): 1100.000.00
CHOOSE ONE AMENDMENT COLUMN BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE
OPTION TO RENEW" and check off any applicable amendments under that column.
AMENDMENT TO EXERCISE OPTION TO RENEW
!Cluck ea fhaf AooM -
_Amendment toContract Perfonoance
_Amendment to.Contract Oates
�j_ Amendmud to Contract Amounl
_ Other.. (Explain) -
DESCRIPTION OF REASON FOR AMENDMENT: (Aftach all relevant documentation detailing amendment):
Extending contract for the a additional year per term Article 3 of original contract dated December 8, 2008. Contract
amount Is a Not -To -Exceed amount and payable per the rata stated In the original agreement.
NEW CONTRACT INFORMATION:
Amendment Date12/112011 -
Now Contract Dates: START: 12/222011 COMPLETION:12J21/2012
-
Amount of Amendment Change'.; 50.000.00
Current Contract Amount (Inclusive of Previous Amendments to Date): 5180.000.00.
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS
AMENDMENTS REMAIN UNCHANGE
CITY OF MERIDIAN
BY:
T TR fOR
PO-WC'i 2arembq A(,{,ol
2flV AUQb
Dated: 2 - Z t� - 2 O\ `o � ��''e
3 �.,..„f
CE MAN, CITY CLERK re
SFt�
I'll e, , U TPkP6�At8
D AND IN FULL FORCE AND EFFECT.
CENTRA
� RCONSULTING INC.
/�
BY: �--�-Cd W
hen G West- euaee s w.,mss
Dated: 11- ! � I 11
Purchasing Approval
BY:
KEIT , PURCHASING MANAGER
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER: RZ 11
ITEM TITLE: Chesterfield
Findings of Fact, Conclusions of Law for Approval: RZ 1 1-004 Chesterfield by Liberty
Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black
Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8
Zoning District to the R-15 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20. 2011
ITEM TITLE: Chesterfield
ITEM NUMBER:
5G
PROJECT NUMBER: V P 11 -007
Findings of Fact, Conclusions of Law for Approval: PP 1 1-007 Chesterfield by Liberty
Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black
Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential
Lots and Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a
Proposed R-15 Zone
MEETING NOTES
�\R�Icc�tk
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Police Officer Commendation for RV Fire
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER: 7
PROJECT NUMBER:
ITEM TITLE:
Items Moved From Consent
MEETING NOTES
I ns
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER: 8A
PROJECT NUMBER:
ITEM TITLE:
Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update
MEETING NOTES
JOJA oaj,,k�c
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER: 9A
PROJECT NUMBER: CPAM 11-002
ITEM TITLE: Millennium Retail Center
Continued Public Hearing from November 15,2011: CPAM 11-002 Millennium Retail
Center by Jeffrey Hall Located Generally at the Southwest Corner of W. Overland
Road and S. Millennium Way at 2045 E. Overland Road: Request to Amend the
Comprehensive Plan Future Land Use Map Designation on 2.54 Acres of Land from
High Density Residential (HDR) to Commercial
MEETING NOTES
A`pp(ki1e kor-, ('Qlvl�nd2�
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER: 9B
PROJECT NUMBER: AZ 11-001
ITEM TITLE: Ten Mile Annexation
Public Hearing Continued from December 6, 2011: AZ 1 1-001 Ten Mile Annexation by
Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten
Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land
From RUT in Ada County to C -G Zone
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011
ITEM TITLE: King Property
ITEM NUMBER:
PROJECT NUMBER: AZ 11
Public Hearing: AZ 1 1-003 King Property by Dexter King Located at 1195 W. Overland
Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER: 9D
PROJECT NUMBER: PP 11-010
ITEM TITLE: Ten Mile Crossing
Public Hearing: PP 1 1-010 Ten Mile Crossing (fka Meridian Crossing) by Meridian 118,
LLC Located at 1085 S. Ten Mile Road Request: Preliminary Plat Approval Consisting of
105 Building Lots (52 Residential and 53 Non -Residential) and 4 Common/Other Lots on
1 15.26 Acres of Land in the R-40, M -E, C -C and H -E Zoning Districts
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Police and Prosecutor's Office Report: Open Container City Code Updates
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
r-DREW1
Police Department Report • December 20, 2011
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 3, CHAPTER 2,
MERIDIAN CITY CODE, REGARDING LIQUOR -RELATED OFFENSES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Meridian City Code does not currently prohibit the possession and
consumption of alcoholic beverages on sidewalks, streets, and other publicly -accessible places in
the City of Meridian;
WHEREAS, the City Council of the City of Meridian deems it to be in the best interest
of the health, safety, and welfare of the people of Meridian to restrict such activity to premises
duly licensed or permitted for same;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 3, Chapter 2, Meridian City Code, is hereby amended as follows:
3-2-6: LIQUOR RELATED OFFENSES:
A. Open container in public. It shall be unlawful for any person to consume any alcoholic
beverage or to have in his or her possession any open container of any alcoholic beverage on any
public property or property open to the public, including any street, sidewalk, alla, publicly
accessible parking lot, or other public or private property open to the public; provided that
consumption or possession of an open container of an alcoholic beverage may lawfully occur in
such time, place, and manner duly licensed or permitted by the City and other operation of law.
B Open Cai4,.:aer Law! 1. Removal of Liquer-open container from licensed premises.,-
Definition:
remises.;Definition: It shall be unlawful for any person to remove an open container containing any
alcoholic beverage from the premises of any business establishment which holds a beer, wine or
liquor license. "Premises" shall mean the building and contiguous property owned, or leased, or
used under government permit, by the holder of a liquor, wine or beer license as part of the
business establishment in the business of the sale, at retail, of liquor, wine or beer, which
property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses,
courtyards, patios, abutting sidewalks, poolside areas, or similar improved appurtenances in
which, or on which, the sale of liquor, wine or beer is authorized by the city.
C. 2-. Open container in vehicle.: It shall be unlawful for any person, while operating or riding
in or upon a motor vehicle upon a public highway of the city, county or state, to consume beer,
wine or liquor or have in his possession any beer, wine or liquor in an open or unsealed container
of any kind.
ORDINANCE AMENDING OPEN CONTAINER CODE PAGE I OF 2
DRAFT
Police Department Report • December 20, 2011
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective upon its adoption.
PASSED by the City Council of the City of Meridian, Idaho, this day of January,
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of January,
2012.
APPROVED:
Tammy de Weerd, Mayor
ATTEST:
Jaycee Holman, City Clerk
ORDINANCE AMENDING OPEN CONTAINER CODE PAGE 2 OF 2
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Public Works: Budget Amendment for FY2012 in the Amount of $50,000.00 for the
Reclaimed Water Facility Corrections and Modifications with JC Constructors, Inc.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
E IDIAN--
Public I D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Clint Dolsby, Assistant City Engineer
Mayor Tammy de Weerd
City Council Membens
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
DATE: December 8, 2011
SUBJECT: BUDGET AMENDMENT FOR FY2012 IN THE AMOUNT OF $50,000
FOR THE RECLAIMED WATER FACILITY CORRECTIONS AND
MODIFICATIONS WITH JC CONSTRUCTORS, INC
I. RECOMMENDED ACTION
A. Move to:
1. Approve the FY2012 Budget Amendment for $50,000; and
2. Authorize the Mayor to sign the amendment.
II. DEPARTMENT CONTACT PERSONS
Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341
Warren Stewart, PW Engineering Manager 489-0350
Tiffany Floyd, Utility Operations Manager 888-2191
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
In 2010 JC Constructors, Inc. constructed the Reclaimed Water Booster Station
& Reservoir project under a design -build agreement with the City of Meridian.
Since the commissioning of the Reclaimed Water Booster Station and Reservoir
Project there have been numerous operational problems and challenges. The
chlorine feed system is unable to meet the required chlorine residuals. The
Page 1 of 3
system also lacks the ability to provide a continuous, reliable water source to the
distribution system and lacks necessary operational control and flexibility.
B. Proposed Project
This budget amendment coupled with the carry forward amount will provide
funding to address the operational and automation challenges related to the
chlorine feed system and continuous operation.
IV. IMPACT
A. Strategic Impact:
This activity aligns with our Department's vision of recycling and/or reusing
eighty percent of the waste stream. Water reclamation is one means of reusing
the waste stream at the wastewater treatment plant. This combined with other
technologies such as biosolids management and beneficial reuse could help us
realize the City's vision for the year 2030.
B. Service/Delivery impact:
This budget amendment will fund the project to ensure proper operation of the
Reclaimed Water Facility to provide continuous, pressurized Class A Reclaimed
Water to northwest Meridian in areas such as, parks, car washes, golf courses
and the Ten Mile Interchange landscaping.
C. Fiscal Impact:
The funding for this project will be split between the City and the design -build
team. With Council approval, the City will contribute $56,000 and the design -
build team will contribute $59,330 to the combined cost of $115,330. The City
has included a $10,118 contingency with this budget amendment to account for
any changes or additions during the project.
Project Costs
Design -Build Services Not -to -exceed $66,118
Project Funding
Reclaimed Water Booster Station and Reservoir (3590-96172) $16,118
Budget Amendment for additional funding $50,000
Total Funding $66,118
V. ALTERNATIVES
A. The City could choose not to approve the budget amendment. Without this
amendment, the project will not be completed. This will perpetuate the
Page 2 of 3
existing operational challenges and may limit service to existing and future
customers.
B. The City could choose to delay this project. This would result in the delay of
reliable reclaimed water delivery to existing customers such as Heroes Park,
the Ten Mile interchange landscaping, and Fast Eddy's. City water would be
utilized for the irrigation of the Ten Mile corridor and the carwash. Heroes
Park would likely be irrigated with irrigation district water. Additionally, the
wastewater treatment plant flows would be more likely to exceed the permit
limit of 7.0 million gallons per day.
VI. TIME CONSTRAINTS
The reclaimed water facility construction has an expected completion date of spring
2012. Council's approval of this budget amendment is critical to meet this projected
timeline and have the reclaimed water system fully operational by summer 2012.
Additionally, this project will provide additional flexibility to meet the permitted
effluent discharge limit of 7.0 million gallons per day at the wastewater treatment
plant.
VII. LIST OF
A. Budget
Approved for Council Agenda:
Page 3 of 3
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Meridian City Council Meeting
DATE: December 20,2011 ITEM NUMBER: 1 0C
PROJECT NUMBER:
ITEM TITLE:
Public Works: Request for Sole Source and Award of Agreement to JC Constructors for
,
Reclaimed Water Facility Corrections and Modifications" for the Not -To -Exceed
Amount of $56.-000-00
MEETING NOTES
� r 1
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE;
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ERIDIANA--
IDANiJ
CITY OF MERIDIAN
SOLE SOURCE FORM
Date: 12/20/2011
PURCHASING MANAGER
33 East Broadway Avenue
Meridian, ID 83642
Phone: 208-888-4433 Fax: 208-887-4813
Item or Service: Reclaimed Water Facility Corrections and Modifications
X Sole Source: Item is available from only one vendor. Item is one -of -a kind
item and is not sold through distributors. Manufacturer is a
sole distributor.
JUSTIFICATION: (Attach additional pages if needed)
In 2010 JC Constructors, Inc. constructed the Reclaimed Water Booster Station & Reservoir
project design -build under a desi n -build agreement with the City of Meridian. Since the commissioning of
the Reclaimed Water Booster Station and Reservoir Project there have been numerous
operational problems and challenges. The chlorine feed system constructed, has been unable
to meet the required chlorine residuals. The system also lacks the ability to provide a
continuous, reliable water source to the distribution system and lacks necessary operational
control and flexibility.
The City Engineering team has been in negotiations with Design -Build Team of JC Constructors
and Pharmer Engineering, to come up with a solution for the problems with the system. The
solution agreed upon, has a cost of $115,330.00. The Design -Build team has agreed to
contribute $59,330.00 as warranty work. The City will be responsible for the remaining
$56,000-00.
Per State Statute 67-2808 (2)(viii), a competitive solicitation in this situation would be both
impractical and financially disadvantageous.
CERTIFICATION:
I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the
established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made
a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident
that this justification for sole source/sole brand meets the City's criteria and is accurate.
Clint Dolsby
Requestor Prin e)
Department Manager tg
Council Approval
Date:
Purchasing
Approval:
Purc Olng Manage
AGREEMENT
FOR
INDEPENDENT DESIGN -BUILD TEAM SERVICES for
RECLAIM WATER FACILITY CORRECTIONS AND MODIFICATIONS
THIS AGREEMENT FOR DESIGN -BUILD PROFESSIONAL SERVICES is made
this 26th day of January, 2010, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter referred
to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JC Constructors
hereinafter referred to as "DESIGN -BUILD TEAM", whose business address is 1305
Columbia Rd., Meridian, ID 83642, and whose Public Works License # is 14336-U-1,2,3.
JC Constructors is the lead in the design -build team and has contracted with Pharmer
Engineering, Inc. of Boise for the design of the project.
INTRODUCTION
Whereas, the City has a need for services involving Design Build
Construction Services described in Attachment A; and
WHEREAS, the Design -Build Team is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 DESIGN -BUILD TEAM shall perform and furnish to the City upon
execution of this Agreement and receipt of the City's written notice to
proceed, all services and work, and comply in all respects, as specified in the
document titled "Scope of Work" a copy of which is attached hereto as
Attachment "A" and incorporated herein by this reference, together with any
amendments that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Design -Build Team under this Agreement, including without
RECLAIM DESIGN -BUILD PROJECT — page 1 of 13
limitation electronic data files, are the property of the Design -Build Team;
provided, however, the City shall have the right to reproduce, publish and
use all such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is
copyrightable, the Design -Build Team may copyright the same, except that,
as to any work which is copyrighted by the Design -Build Team, the City
reserves a royalty -free, non-exclusive, and irrevocable license to reproduce,
publish and use such work, or any part thereof, and to authorize others to do
so.
1.3 The Design -Build Team shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Design -Build Team represents and warrants that it will
perform its work in accordance with generally accepted industry standards
and practices for the profession or professions that are used in performance
of this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made or
contained in any proposal submitted by the Design -Build Team and any
reports or opinions prepared or issued as part of the work performed by the
Design -Build Team under this Agreement, Design -Build Team makes no
other warranties, either express or implied, as part of this Agreement.
1.4 Services and work provide by the Design -Build Team at the City's
request under this Agreement will be performed in a timely manner in
accordance with a Schedule of Work, which the parties hereto shall agree to.
The Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Design -Build Team shall be compensated on Lump Sum basis
as provided in Attachment B "Schedule of Values" attached hereto and by
reference made a part hereof a Not -to -Exceed amount of $56,000.00.
2.2 The Design -Build Team shall provide the City with a monthly
statement, as the work warrants, of fees earned and costs incurred for
services provided during the billing period and which correspond with the
Schedule of Values, which the City will pay within 30 days of receipt of a
correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Design -Build Team under the terms and conditions of this
RECLAIM DESIGN -BUILD PROJECT — page 2 of 13
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Design -Build Team.
2.3 Except as expressly provided in this Agreement, Design -Build Team
shall not be entitled to no receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement., including , but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, Design -Build
Team shall not be entitled by virtue of this Agreement to consideration in the
form of overtime, health insurance benefits, retirement benefits, paid
holidays or other paid leaves of absence of any type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon services
described in the Scope of Services, (b) March 30, 2012 or (c) unless sooner
terminated as provided below or unless some other method or time of
termination is listed in Attachment A.
3.2 Should Design -Build Team default in the performance of this
Agreement or materially breach any of its provisions, City, at City's option,
may terminate this Agreement by giving written notification to Design -Build
Team.
3.3 Should City fail to pay Design -Build Team all or any par of the
compensation set forth in Attachment B of this Agreement on the date due,
Design -Build Team, at the Design -Build Team's option, may terminate this
Agreement if the failure is not remedied by the City within thirty (30) days
from the date payment is due.
3.4 This Agreement shall terminate automatically on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either party;
b. Sale of either party of the Design -Build Team's business; or
C. Death of either party of the Design -Build Team
4. Termination:
If, through any cause, DESIGN -BUILD TEAM, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under this
RECLAIM DESIGN -BUILD PROJECT — page 3 of 13
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under
this agreement, engages in fraud, dishonesty, or any other act of misconduct
in the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to DESIGN -BUILD TEAM of such termination and specifying the effective
date thereof at least fifteen (15) days before the effective date of such
termination. DESIGN -BUILD TEAM may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by DESIGN -BUILD TEAM underthis
Agreement shall, at the option of the CITY, become its property, and
DESIGN -BUILD TEAM shall be entitled to receive just and equitable
compensation for any work satisfactorily complete hereunder.
Notwithstanding the above, DESIGN -BUILD TEAM shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by DESIGN -BUILD TEAM, and the CITY may
withhold any payments to DESIGN -BUILD TEAM for the purposes of set-off
until such time as the exact amount of damages due the CITY from DESIGN -
BUILD TEAM is determined. This provision shall survive the termination of
this agreement and shall not relieve DESIGN -BUILD TEAM of its liability to
the CITY for damages.
5. Independent Design -Build Team:
5.1 In all matters pertaining to this agreement, DESIGN -BUILD TEAM
shall be acting as an independent Design -Build Team, and neither DESIGN -
BUILD TEAM nor any officer, employee or agent of DESIGN -BUILD TEAM
will be deemed an employee of CITY. Except as expressly provided in
Attachment A, Design -Build Team has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority
to bind or incur any obligation on behalf of the City. The selection and
designation of the personnel of the CITY in the performance of this
agreement shall be made by the CITY. -
5.2 Design -Build Team, its agents, officers, and employees are and at all
times during the term of this Agreement shall represent and conduct
themselves as independent Design -Build Teams and not as employees of
the City.
RECLAIM DESIGN -BUILD PROJECT — page 4 of 13
5.3 Design -Build Team shall determine the method, details and means of
performing the work and services to be provided by Design -Build Team
under this Agreement. Design -Build Team shall be responsible to Cit only
Y
for the requirements and results specified in this Agreement and, except as
ip
expressly provided n this Agreement, shall not be subjected to City's control
with respect to the physical action or activities of Design -Build Team in
fulfillment of this Agreement. If in the performance of this Agreement any
Y
third persons are employed by Design -Build Team, such persons shall be
entirely and exclusively under the direction and supervision and control of the
Design -Build Team.
6. Indemnification and Insurance:
DESIGN -BUILD TEAM shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from, or
in connection with the performance of this Agreement by the DESIGN -
BUILD TEAM, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct of
CITY or its employees. DESIGN -BUILD TEAM shall maintain, and
specifically agrees that it will maintain, throughout the term of this
Agreement, liability insurance, in which the CITY shall be named an
additional insured in the minimum amounts as follow: General Liability One
Million Dollars ($1,000,000) per incident or occurrence, Professional Liability
/ Professional errors and omissions One Million Dollars ($1,000,000)
aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000)
per incident or occurrence and Workers' Compensation Insurance, in the
statutory limits as required by law.. The limits of insurance shall not be
deemed a limitation of the covenants to indemnify and save and hold
harmless CITY; and if CITY becomes liable for an amount in excess of the
insurance limits, herein provided, DESIGN -BUILD TEAM covenants and
agrees to indemnify and save and hold harmless CITY from and for all such
losses, claims, actions, or judgments for damages or injury to persons or
property and other costs, including litigation costs and attorneys' fees, arising
out of, resulting from , or in connection with the performance of this
Agreement by the Design -Build Team or Design -Build Team's officers,
employs, agents, representatives or subDesign-Build Teams and resulting in
or attributable to personal injury, death, or damage or destruction to tangible
or intangible property, including use of. DESIGN -BUILD TEAM shall provide
CITY with a Certificate of Insurance, or other proof of insurance evidencing
DESIGN -BUILD TEAMS compliance with the requirements of this paragraph
i
and file such proof of insurance with the CITY at least ten (10) days prior to
the date Design -Build Team begins performance of it's obligations under this
RECLAIM DESIGN -BUILD PROJECT — page 5 of 13
Agreement. In the event the insurance minimums are changed, DESIGN -
BUILD TEAM shall immediately submit proof of compliance with the changed
limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Design -Build Team shall provide a
bond, cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
To the extent of the indemnity in this contract, Design -Build Team's
Insurance coverage shall be primary insurance regarding the City's elected
officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the City or the City's elected officers, officials,
employees and volunteers shall be excess of the Design -Build Team's
insurance and shall not contribute with Design -Build Team's insurance
except as to the extent of City's negligence.
The Design -Build Team's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.4 All insurance coverages for subDesign-Build Teams shall be subject
to all of the insurance and indemnity requirements stated herein.
6.5 The limits of insurance described herein shall not limit the liability of
the Design -Build Team and Design -Build Team's agents, representatives,
employees or subDesign-Build Teams.
7. Bonds: Payment and Performance Bonds are required prior to execution to
this agreement and must be in place throughout construction.
8. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified,
return receipt requested, addressed as follows:
RECLAIM DESIGN -BUILD PROJECT — page 6 of 13
City of Meridian
Purchasing Manager
33 E. Broadway Avenue
Meridian, Idaho 83642
JC Constructors, Inc
Attn : Jim Cox
1305 Columbia Rd.
Meridian, 1D 83642
Idaho Public Works License #: 14336-U-1,2,3
Either party may change their address for the purpose of this paragraph by
giving written notice of such change to the other in the manner herein
provided.
9. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
11. Assignment: It is expressly agreed and understood by the parties hereto,
that DESIGN -BUILD TEAM shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
12. Discrimination Prohibited: In performing the Work required herein,
DESIGN -BUILD TEAM shall not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the basis
of race, color, religion, sex, national origin or ancestry, age or disability.
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there shall
be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
RECLAIM DESIGN -BUILD PROJECT — page 7 of 13
13.2 Design -Build Team shall maintain all writings, documents and
records prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting, typewriting,
printing, photo static, photographic and every other means of recording upon
any tangible thing, any form of communication or representation including
letters, words, pictures, sounds or symbols or any combination thereof.
14. Audits and Inspections: At anytime during normal business hours and as
often as the CITY may deem necessary, there shall be made available to the
CITY for examination all of DESIGN -BUILD TEAM'S records with respect to
all matters covered by this Agreement. DESIGN -BUILD TEAM shall permit
the CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the
United States or in any other country. The CITY shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
16. Compliance with Laws: In performing the scope of work required
hereunder, DESIGN -BUILD TEAM shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
17. Changes: The CITY may, from time to time, request changes in the Scope
of Work to be performed hereunder. Such changes, including any increase
or decrease in the amount of DESIGN -BUILD TEAM'S compensation, which
are mutually agreed upon by and between the CITY and DESIGN -BUILD
TEAM, shall be incorporated in written amendments which shall be executed
with the same formalities as this Agreement.
18. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder of
the Agreement is reasonably capable of completion.
19. Waiver of Default: Waiver of default by either party to this Agreement shall
not be deemed to be waiver of any subsequent default. Waiver or breach of
any provision of this Agreement shall not be deemed to be a waiver of any
other or subsequent breach, and shall not be construed to be a modification
RECLAIM DESIGN -BUILD PROJECT — page 8 of 13
of the terms of this Agreement unless this Agreement is modified as provided
above.
20. Advice of Attorney: Each party warrants and represents that in executing
this Agreement. It has received independent legal advice from its attorney's
or the opportunity to seek such advice.
21. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
herewith.
22. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
23. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
24. Order of Precedence: In the occurrence of a conflict between the
documents of this agreement The order of precedence for this
agreement shall be as follows:
• Terms and Conditions of pages 1-10 of this agreement.
• Facility Performance Requirements.
• City Capital Improvement Projects Water Pollution Control
Requirements.
• Supplementary Conditions (Modified from the Engineers Joint
Contract Documents).
• Standard General Conditions of the Contract Between Owner and
Design Builder (Issued jointly by ACEC, NSPE, & ASCE).
CITY OF MERIDIAN JC CONSTRUCTORS, INC.
Qg,!►T$D A► �
BY: ���
AY BY: ox
,11
&4 IDAHO
Dated: i — toSE
S,
RECLAIM DESIGN -BUILD PROJEdqkg� e 9 of 13
'Ie TREA$�
Approved by Council:
Attest:
e'A a A 10 4k�z __ 101"N n==ft�
JAYCE HOLMAN, CITY CLERK
Purchasing Approval
BY:
KEIT GA/-ftS7 P CHASING MANAGER
Dated:
Approved as to Form
CITY ATTORNEY
Public Works Department
App
aim
NAI
Dated: -- —
RECLAIM DESIGN -BUILD PROJECT — page 10 of 13
Attachment A
SCOPE OF SERVICES
The proposed project detailed in the Schedule of Values to be completed by the
design build team of JC Constructors, Inc and Pharmer Engineering will address the
warranty issues related to the existing chlorine feed system to meet required
chlorine residuals, and through continuous monitoring, automatically increase or
decrease the amount of chlorine added to the tanks. The project will also address
warranty issues related to tank mixing with a 50 horsepower (HP) 800 gallon per
minute (GPM) pump with adequate head to mix full tanks, piping and valve changes
and a 12 -inch SST tank mixing header with six 1 Y2 inch or 2 -inch tank eductors
(TLA) in each tank, to be specified by the Design -Build Team, electrical and
controls. The Design -Build Team's corrections and modifications will provide
continuous 24 hour a day, seven day a week pressurized delivery of Class A
Reclaimed Water. The City of Meridian's contribution to this project enhances the
warranty work related improvements by the design build team.
This project will add 1 component and modify 1 component to the existing system.
The first component will increase the chlorine feed capability of the feed system and
the second component will allow for continuous delivery of Class A Reclaimed
Water through the addition of tank mixing and recirculation to the existing two tanks.
Upon completion of these improvements, the reclaimed water facility will perform in
the following ways:
• Have the ability to recirculate, analyze, and add additional chlorine to the contents
of a tank while keeping the other tank available for use and ensuring that the
reclaimed water distribution system is pressurized continuously.
• Have completely mixed tanks ensuring homogenous contents with tank turnover
less than every two hours.
• Have the ability and automate the process to add 0.8% hypochlorite solution in
sufficient quantities to match influent flow rates (approx 2800-3000gpm), satisfy
chlorine demand, and produce total residual chlorine of at least 5.0 mg/L.
• Automated disinfection analysis with adjustments made as required by the PLC.
• Continually analyze a representative sample of tank contents until CT450 has been
met.
• The ability to automatically add chlorine if the residual approaches the set -point.
• The system will operate in an automated fashion. The PLC and SCADA system
will continuously check that disinfection requirements of the Class A permit are
maintained and if the systems total chlorine residual and contact time fall below set
limits, the system will automatically switch to recirculation mode and add additional
RECLAIM DESIGN -BUILD PROJECT — page 11 of 13
chlorine to meet the permit limit. Recirculation mode and the addition of chlorine
will continue until the permit limits are achieved at which point the Class A system
will return to discharge mode.
The hydropnuematic pressure tank will be replumbed to the distribution system side
of valve FV -42-200 (Reclaimed Water Discharge Control Valve).
RECLAIM DESIGN -BUILD PROJECT — page 12 of 13
Attachment B
Funding for this project will be split between the City and the design build team of JC
Constructors / Pharmer Engineering per the Schedule of Values below.
SCHEDULE OF VALUES FOR
RECLAIM WATER FACILITY CORRECTIONS AND MODIFICATIONS
ITEM
DESCRIPTION
UNIT
QUANTITY
is
CONSTRUCTORS
CITY TOTAL
1
50 HPI 800 GPM
Recycle pump
EA
1
$4,500.00
$3,500.00
2
Pump Station valves
and piping
LS
1
$10,125.00
$7,875.00
3
12 -inch SST tank
mixing header with 6
tank eductors
EA
2
$13,500.00
$10,500.00
4
Electrical, control and
programming
LS
1
$8,437.50
$6,562.50
5
Design, supervision &
labor
LS
1
$8,437.50
$6,562.50
6
Watson Marlow SPX
5017.5 HP, chemical
feed pump 10 pm
EA
1
$14,330.00
$21,000.00
JC Constructors Total
$59,330.00
City of Meridian Total
$56,000.00
Project Total $115,330.00
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
RECLAIM DESIGN -BUILD PROJECT — page 13 of 13
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Planning Department: Discussion of Residential Design Guidelines for Southridge
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Machelle Hill
From: Sonya Watters
Sent: Tuesday, December 20, 2011 12:18 PM
To: Machelle Hill; Jaycee Holman; Jacy Jones
Subject: FW: SouthRidge
From: Jim Jewett [mailto:jimj@jljenterprisesinc.com]
Sent: Monday, December 19, 20114:09 PM
To: Sonya Watters
Subject: SouthRidge
Sonya,
Page 1 of 1
We understand that the elevation and pictures that I submitted for phase 1 of SouthRidge may not
satisfy all our requirements for recordation of phase 1. We would like to request that in an effort to get
phase 1 recorded prior to the end of the year that the city accept the plans submitted for phase 1 only
and that we will complete the design guidelines as part of the upcoming DA Mod for SouthRidge and
prior to any future phase are recorded.
Sincerely,
James Jewett
12/20/2011
E IDIAN{ Y �r
O A H O
December 20, 2011
MEMORANDUM
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
CC: City Clerk, Jim Jewett, Bill Nary
RE: Southridge Subdivision Residential Architectural Design Guidelines
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
This memo is in follow-up to the memo I sent on December 15, 2011 regarding approval of
architectural guidelines for single-family residences in Southridge Subdivision.
After looking at the minutes from the City Council hearing for the annexation of the property on
January 16, 2007, it was the intent of the City Council that the applicant come back with specific
& detailed architectural guidelines for the Southridge development that coincide with the
elevations presented at both the Commission & City Council hearings and included in the
development agreement. The elevations consist of several different architectural styles as
follows: American Farmhouse, Craftsman, American Frontier, Pacific Northwest, and Tuscan
Farmhouse. Elevations and lot layouts were also provided for the following lots: alley load,
zipper lot, 65' wide lot, 70' wide lot, 80' wide lot, 90' wide lot, and hillside lots. These
elevations are attached as Exhibit A.
Since the time the property was annexed, the single-family residential portion of the
development has changed ownership. For this reason, the applicant is now proposing different
elevations. The development agreement requires specific & detailed architectural guidelines to
be approved by Council prior to signature by the City Engineer on the first final plat. The
applicant has stated that he intends to draft architectural guidelines as required; however, does
not have them at this time & is trying to get the first phase final plat signed so that a portion of
the property can be sold and roads can be dedicated for access. The applicant proposes that the
revised elevations only apply to Phase 1 and that design guidelines will be submitted as part of
an upcoming modification to the development agreement, prior to recordation of any future
phase of development. The proposed elevations are attached as Exhibit B.
Planning Department . 33 E. Broadway Avenue, Suite 210, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
Page 2
Staff recommends two options to City Council:
1. The applicant is required to construct homes in Southridge in accord with the original
elevations approved with the development agreement, attached to this memo as Exhibit
A, and the guidelines for residential developments contained in Chapter E of the
Meridian Design Manual. If the applicant comes back with specific architectural
guidelines in the future as proposed, these can replace the requirement for compliance
with the Design Manual if approved by Council.
2. The applicant is required to construct homes in Southridge in accord with the revised
elevations attached to this memo as Exhibit B and the guidelines for residential
developments contained in Chapter E of the Meridian Design Manual. If the applicant
comes back with specific architectural guidelines in the f uture as proposed, these can
replace the requirement for compliance with the Design Manual if approved by Council.
Approval of one of the above options is necessary to allow the applicant to proceed with the
platting process for phase 1 while ensuring the quality of future development as determined by
City Council.
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Xl+l I Ir 15
E IDIANNiijr'�L-,
December 15, 2011
MEMORANDUM
TO: Mayor & City Council
FROM: Sonya Watters
CC: City Clerk, Pete Friedman, Bill Nary, Jim Jewett
RE: Southridge Subdivision No. 1 (FP -0-017)
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The development agreement (DA) for the Southridge project contains the following provision:
"Prior to the signature of the first final plat, the applicant shall submit and obtain Design Review
approval (if established); or submit and obtain City Council approval (or a development
agreement modification) of plans that propose specific and detailed architectural guidelines
for this development and that address (at a minimum) variety in structures within a block,
building mass, building materials, rooflines, colors, and architectural styles, per requirement
of the development agreement."
Since approval of the DA, guidelines for design review have been established; however, design
review is not required for detached single-family dwellings. The applicant has submitted sample
elevations (attached) of future residential structures in the first phase of Southridge Subdivision
for Council's review but has not submitted specific and detailed architectural guidelines for the
development as required.
Staff recommends the Council either direct the applicant to submit specific and detailed
architectural guidelines for the development; or, require future development to comply with the
residential design guidelines contained in Section E of the City of Meridian Design Manual. If
Council chooses the second option, Planning Staff would coordinate with Building Department
Staff on review of building elevations submitted for building permits within this development.
Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
Page 3
Jacy Jones
From: Sonya Watters
Sent: Tuesday, December 20, 20112:38 PM
To: Machelle Hill; Jacy Jones; Jaycee Holman
Cc: Peter Friedman; Bill Nary
Subject: Southridge for Tonight
-----Original Message -----
From: Jim Jewett[mailto:jimjgjijenterprisesinc.comt
Sent: Tuesday, December 20, 2011 2:36 PM
To: Sonya Watters
Subject: RE: Message from "RNP0026732A5A08"
Sonya,
The two options detailed in the memo you sent are acceptable provided that both options
allow the final plat to be recorded yet this year. It should be noted that in phase 1 only
two of the product type will be constructed the ally and zipper lots.
Thanks
Jim
1
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER: 10E
PROJECT NUMBER:
ITEM TITLE:
Planning Department: Paramount Elementary Portable Classroom Structure
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
( >
E IDggIyApp NJ =-
R E u% . HI C
December 14, 2011
MEMORANDUM
TO: Mayor & City Council
FROM: Sonya Watters
CC: Pete Friedman, City Clerk, Joe Presher
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
RE: Paramount Elementary School Portable Classroom Certificate of Zoning Compliance
(CZC-09-039) & Design Review (DES -09-020)
On October 27, 2009, City Council approved a request for review of the Director's decision regarding
compliance with the design standards for a portable classroom at Paramount Elementary School. As a
provision of that approval, if the portable classroom structure still exists and is proposed to remain on the
site after October 27, 2011, staff would initiate'a new application for design review and the structure
would be reviewed for compliance with design standards in effect at that time.
Since that decision, revisions were made to the Unified Development Code (UDC) that allow a temporary
portable classroom as an accessory use through the Certificate of Zoning Compliance (CZC) process
without design review if certain standards as listed in UDC 11-4-3-14F.4 are met. The CZC is valid for a
maximum period of four (4) years from the date of issuance of Certificate of Occupancy. Prior to
termination of the approval, the applicant may request to convert it to a permanent portable classroom
through approval of a Certificate of Zoning Compliance and Design Review if certain standards as listed
in UDC 11-4-3-14F.4 are met. If the permanent portable classroom does not meet these standards,
conditional use permit and design review approval is required.
Upon termination of the four (4) year approval, if not converted to a permanent portable classroom, the
temporary portable classroom approval shall be null and void and the applicant shall remove the structure
immediately.
Because the aforementioned changes to the UDC took place after initial approval of the subject
portable classroom structure, staff requests a determination from City Council as to whether the
structure should comply with current UDC provisions which requires a Certificate of Zoning
Compliance (CZC) application be submitted for a temporary portable classroom for a period not to
exceed four (4) years from the date of issuance of Certificate of Occupancy; or, if the existing CZC
should be extended for the four (4) year period (two more years) without re -submittal of a CZC
application.
Planning Department . 33 E. Broadway Avenue, Suite 210, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Legal Department: Discussion and Update Regarding Varsity Kitchen Alcohol License
Application Process
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Clerk's Office: Approval of New Beer and Wine License Application for Red Star
Hospitality dba Varsity Kitchen Located at 1441 N. Eagle Rd. Suite 200.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Clerk's Office: Approval of Beer/Wine/Liquor Owner Transfer from Sea Swiper LLC to J
& D Industries dba MUGGSYS; Located at 501 S. Main St.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: December 20, 2011 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Future Meeting Topics
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS