2013-10-01~~E RIDIAN':--- CITY COUNCIL REGULAR
/ MEETING AGENDA
`.~
AMENDED AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, October 01, 2013 at 6:00 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Tammy Harris with Ten Mile Christian Church
4. Adoption of the Agenda Adopted (Pg 2)
5. Proclamation (Pg 2-3j
6.
A. Fire Prevention Month Proclamation 2013
7. Consent Agenda Approved (Pg 3-5)
8.
A. Professional Services Agreement with M.D. Willis, Inc. for Stenographic
Services
B. Cooperative Agreement with Idaho Transportation Department (ITD) for I-
84, Meridian Road Interchange
C. Agreement for Extension of Domestic Water and Sewer Service Outside
Meridian City Limits: 1370 E. Ustick Road
D. Agreement for Extension of Domestic Water and Sewer Service Outside
Meridian City Limits: 2425 E. Ustick Road
Meridian City Council Meeting Agenda -Tuesday, October 01, 2013 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E. Award of Bid and Approval of Agreement to Haemker Construction, Inc. for
"Generations Plaza Upgrades" for the Not-To-Exceed Amount of
$115,000.00
F. Award of RFP and Approval of Agreement to Pegasus Planning and
Development for "Field Innovation District Study" for the Not-To-Exceed
Amount of $55,500.00
G. Award of RFP and Approval of Agreement to Moss Adams, LLP for
"Professional Analysis for Utility Billing Software Selection" for the Not-To-
Exceed amount of $64,680.00
H. Award of Agreement Renewal for "Utility Billing Customer Services" to
Billing Document Specialists for the Not-To-Exceed Amount of $234,600.00
Approval of Contract Amendment #2 to Extend the Contract for "Poly-
Aluminum Chloride" to Kemira Water Solutions for the Not-To-Exceed
Amount of $70,000.00
J. Approval of Contract Amendment No. 3 to Extend the Contract for
"Janitorial Services" to Varsity Contractors, Inc. for the Not-To-Exceed
Amount of $110,846.64
K. Development Agreement for Approval: MDA 13-012 Accolade by Fields at
Gramercy, LLC Located South of E. Overland Road and West of S. Bonito
Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request:
Amend the Accolade Development Agreement (Instrument #112107771) to
Reduce the Required Number of Carports
L. Findings of Fact, Conclusions of Law for Approval: PP 13-017 Zebulon
Commons Subdivision by The Traditions by Amyx II, LLP Located South of
E. McMillan Road and West of N. Eagle Road Request: Preliminary Plat
Approval Consisting of Thirty-Eight (38) Residential Building Lots and Four
(4)Common /Other Lots on 13.56 Acres of Land with an R-8 Zoning District
M. Findings of Fact, Conclusions of Law for Approval: MDA 13-014 Cope
Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S.
Meridian Road and E. Overland Road Request: Amend the Development
Agreement (Instrument #107005525) for the Purpose of Attaching a New
Concept Plan and Building Elevations
N. Findings of Fact, Conclusions of Law for Approval: PP 13-015 Baltic Place
Addition by HD Fowler Company Located South of E. Franklin Road and
West of E. Kalispell Street Request: Preliminary Plat Approval for Two (2)
Buildable Lots on Approximately 9.41 Acres in a Proposed I-L Zoning
District
Meridian City Council Meeting Agenda -Tuesday, October 01, 2013 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
O. Findings of Fact, Conclusions of Law for Approval: RZ 13-007 Baltic Place
Addition Located South of E. Franklin Road and West of E. Kalispell Street
Request: Rezone of Approximately 9.41 Acres from the R-40 (High-Density
Residential) Zoning District to the I-L (Industrial) Zoning District
P. Findings of Fact, Conclusions of Law for Approval: MDA 13-013 Baltic
Place Addition by HD Fowler Company Located South of E. Franklin Road
and West of E. Kalispell Street Request: Amend the Recorded Development
Agreement (Instrument #102090926) for the Purpose of Excluding the
Proposed Baltic Place Addition Property and Modifying Certain Sections
that Reference the Development of the R-40 Apartment Parcel
Q. Resolution No. 13-951: CPAM 13-001 Baltic Place Addition by HD Fowler
Company Located South of E. Franklin Road and West of E. Kalispell Street
Request: Amend the Future Land Use Map Contained in the
Comprehensive Plan to Change the Land Use Designation on
Approximately 9.41 Acres from High Density Residential to Industrial
R. Resolution No. 13-952: Donation of T-Kennel Systems as Surplus Property
to the Meridian Valley Humane Society
S. Resolution No. 13-953: Reappointing Keith Bird to the Meridian
Development Corporation (MDC)
9. Items Moved From Consent Agenda None
10. Action Items
A. Conditional Use Permit Fee Waiver Request by Kim Bohrer Denied (Pg 6-
11)
B. FP 13-038 Jack's Place Subdivision by Jack's and Jesse Place, LLC
Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E.
Victory Road Request: Final Plat Approval Consisting of Three (3) Office
Lots, Twenty (20) Residential Lots and Three (3) Common Lots on
Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts
Approved (Pg 11-12)
C. Public Hearing: Substantial Amendment to the Community Development
Block Grant (CDBG) Program Year 2012 Action Plan Approved (Pg 12-17)
D. Public Hearing: Community Development Block Grant (CDBG) Program
2013 Annual Action Plan Approved (Pg 12-17)
Meridian City Council Meeting Agenda -Tuesday, October 01, 2013 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E. Three Party Agreement with the City of Meridian, LC Inc., and Meridian
Heights Water 8~ Sewer District Moved to Item 12
11. Department Reports
~~• Mayor's Office: Resolution No. 13-954: A
Seat 4 and Nancy Mann to Seat 5 of the Mer dian Sol df Waste Advisory
Commission Approved (Pg 17-18)
1- ~• Mayor's Office: Resolution No. 13-955: A
Seat 1 and Treg A. Bernt to Seat 2 of the Meridian Parks and Re ceatioo
Commission Approved (Pg 17-18) n
~. Solid Waste Advisory Commission: SWAC Recommendation on the
Renewal of the Solid Waste Franchise Agreement with Republic Services
for FY2014 (Pg 18-20)
~~• Solid Waste Advisory Commission (SWAC): Annual Close-out Report for
the FY13 Community Recycling Fund (Pg 20-23)
E• Meridian Arts Commission Recommendation - Meridian Split Corridor
Phase 2 Public Art Project Approved (Pg 23-29)
^'~a Parks & Recreation Department: Budget Amendment in the Amount of
$15,000.00 for Completion of the Park Dedication Plaque Project Approved
(Pg 29-30)
G• Parks & Recreation Department Report: Parks Code Update (Pg 31-32)
H• Parks and Recreation Department: First Reading of Ordinance No. 13-1579:
Parks and Recreation Code Update First Reading (Pg 32-33)
12. Future Meeting Topics None (Pg 33-34)
13. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise
Its Legat Representatives in Pending Litigation
Into Executive Session at 7:46 p.m.
Out of Executive Session at 9:15 p.m. (Pg 34-35)
14. Moved from Item 8E: Three Party Agreement with the City of Meridian, LC Inc.,
and Meridian Heights Water & Sewer District Approved with Conditions (Pg 35-40)
Adjourned at 9:26 p.m.
Meridian City Council Meeting Agenda -Tuesday, October 01, 2013
All materials presented at public meetings shall become property of the City of Meridian4
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council October 1, 2013
A meeting of the Meridian City Council was called to order at 6:20 p.m., Tuesday,
October 1, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David
Zaremba, and Keith Bird.
Others Present: Ted Baird, Jaycee Holman, Caleb Hood, Den Hartog, Kyle Radek, John
Perry Palmer, Mollie Mangerich, Steve Siddoway and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Thank you all for joining us this evening. Sorry we are starting late. We
apologize for that delay. But welcome to the City Council meeting. And, for the record,
it is October 1st. It's 6:15 -- 6:20. Madam Clerk, will you call roll.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the pledge to our flag. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Tammy Harris with Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Tammy
Harris with Ten Mile Christian Church. Thank you for joining us. Yes.
Harris: Let's pray. Father God, we are just very grateful for this time set aside to be
about the business of adjusting the needs of this community. I thank you for each one
present and for the time and talent that's represented here and for the devotion to be
discerning and wise about how to govern the people in this community. I just pray that
you would allow your presence to be here and to govern the things that are addressed.
Help there to be order and harmony and just help us to be mindful of those that are not
present to speak for themselves. I thank you again for all that you do as a loving and
caring God and devote this time to you, in Jesus' name, amen.
De Weerd: Tammy, I'd like to present you a City of Meridian pin for leading us tonight.
Thank you for being here.
Meridian City Council
October 1, 2013
Page 2 of 40
Item 4: Adoption of the Agenda
De Weerd: Okay. Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: For tonight's agenda we do have some changes. Under Item 6, the Consent
Agenda, 6-Q is Resolution No. 13-951. 6-R is Resolution No. 13-952. And 6-F is
Resolution No. 13-953. Under Department Reports 9-A is Resolution No. 13-954. 9-B
is Resolution No. 13-955. And 9-H will be a first reading of Ordnance No. 13-1579.
Also we want to add in Item 11, which is an Executive Session per Idaho State Code
67-2345(1)(f). And following that we want to move under Action Items 8-E will be
moved to be a discussion and considered following the Executive Session. So, that
would be No. 12. Item 12. So, with those changes, Madam Mayor, I move adoption of
the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Proclamation
A. Fire Prevention IVlonth Proclamation 2013
De Weerd: Item 5 is a proclamation and I will move down to the podium and ask -- is
Pam here? I will ask Pam to join me. Sparky didn't take his obedience training classes
tonight. I can see that. Sparky, if you will come join us we will get this taken care of.
Oh, brother. Okay. Talk about a prevention dog with personality, uh? Whereas the
City of Meridian is committed to insuring the safety and security of all those living and
visiting our city and whereas Meridian's fire department has been able to provide 4,300
smoke alarms to the community free of charge through Project Safe and whereas
Meridian's first responders are dedicated to reducing the occurrence of home fires and
home fire injuries through prevention education and whereas Meridian's residents are
responsive to public education measures and are able to take personal steps to
increase their safety from fire and whereas the 2013 fire prevention month, these
prevent kitchen fires effectively serves to remind us all of the simple actions we can take
to stay safe from fire. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian,
hereby proclaim October 2013 as fire prevention month in the City of Meridian and I call
upon the people of our community to heed the important safety message of preventing
home fires in our community in support of public safety. And I sign that this 1st day of
Meridian City Council
October 1, 2013
~ Page 3 of ~}0
October and I will present this to our fire prevention specialist Pam and ask you to say a
few words.
Orr: Thank you. Well, Sparky came out tonight. He and I and the fire crews and -- will
be out teaching as much as we possibly can this important message for the community
and it is a very important message, because fires are our number one fire loss in --
across America and so we thank you, Mayor Tammy, for doing this proclamation for the
city and all of you can help us in getting this important message out. So, thank you very
much.
De Weerd: And I will just say for the record this program -- the safety program with the
fire alarms in every home has won a state award recognizing the efforts of our fire
prevention activities and, Sparky and Pam, thank you for joining us here tonight.
You never know who is going to show up to our meetings, uh?
Item 6: Consent Agenda
A. Professional Services Agreement with M.D. Willis, Inc. for
Stenographic Services
B. Cooperative Agreement with Idaho Transportation Department
(ITD) for I-84, Meridian Road Interchange
C. Agreement for Extension of Domestic Water and Sewer
Service Outside Meridian City Limits: 1370 E. Ustick Road
D. Agreement for Extension of Domestic Water and Sewer
Service Outside Meridian City Limits: 2425 E. Ustick Road
E. Award of Bid and Approval of Agreement to Haemker
Construction, Inc. for "Generations Plaza Upgrades" for the
Not-To-Exceed Amount of $115,000.00
F. Award of RFP and Approval of Agreement to Pegasus
Planning and Development for "Field Innovation District
Study" for the Not-To-Exceed Amount of $55,500.00
G. Award of RFP and Approval of Agreement to Moss Adams,
LLP for "Professional Analysis for Utility Billing Software
Selection" for the Not-To-Exceed amount of $64,680.00
H. Award of Agreement Renewal for "Utility Billing Customer
Services" to Billing Document Specialists for the Not-To-
Exceed Amount of $234,600.00
Meridian City Council
October 1, 2013
Page 4 of 40
I. Approval of Contract Amendment #2 to Extend the Contract
for "Poly-Aluminum Chloride" to Kemira Water Solutions for
the Not-To-Exceed Amount of $70,000.00
J. Approval of Contract Amendment No. 3 to Extend the Contract
for "Janitorial Services" to Varsity Contractors, Inc. for the
Not-To-Exceed Amount of $110,846.64
K. Development Agreement for Approval: MDA 13-012 Accolade
by Fields at Gramercy, LLC Located South of E. Overland
Road and West of S. Bonito Way Between E. Blue Horizon
Drive and the Ridenbaugh Canal Request: Amend the
Accolade Development Agreement (Instrument #112107771) to
Reduce the Required Number of Carports
L. Findings of Fact, Conclusions of Law for Approval: PP 13-017
Zebulon Commons Subdivision by The Traditions by Amyx II,
LLP Located South of E. McMillan Road and West of N. Eagle
Road Request: Preliminary Plat Approval Consisting of Thirty-
Eight (38) Residential Building Lots and Four (4)Common /
Other Lots on 13.56 Acres of Land with an R-8 Zoning District
M. Findings of Fact, Conclusions of Law for Approval: MDA 13-
014 Cope Subdivision by Quadrant Consulting, Inc. Located
Northeast Corner of S. Meridian Road and E. Overland Road
Request: Amend the Development Agreement (Instrument
#107005525) for the Purpose of Attaching a New Concept Plan
and Building Elevations
N. Findings of Fact, Conclusions of Law for Approval: PP 13-015
Baltic Place Addition by HD Fowler Company Located South of
E. Franklin Road and West of E. Kalispell Street Request:
Preliminary Plat Approval for Two (2) Buildable Lots on
Approximately 9.41 Acres in a Proposed I-L Zoning District
O. Findings of Fact, Conclusions of Law for Approval: RZ 13-007
Baltic Place Addition Located South of E. Franklin Road and
West of E. Kalispell Street Request: Rezone of Approximately
9.41 Acres from the R-40 (High-Density Residential) Zoning
District to the I-L (Industrial) Zoning District
P. ~ Findings of Fact, Conclusions of Law for Approval: MDA 13-
013 Baltic Place Addition by HD Fowler Company Located
South of E. Franklin Road and West of E. Kalispell Street
Request: Amend the Recorded Development Agreement
(Instrument #102090926) for the Purpose of Excluding the
Meridian City Council
October 1, 2013
Page 5 of 40
Proposed Baltic Place Addition Property and Modifying
Certain Sections that Reference the Development of the R-40
Apartment Parcel
Q. Resolution No. 13-951: CPAM 13-001 Baltic Place Addition by
HD Fowler Company Located South of E. Franklin Road and
West of E. Kalispell Street Request: Amend the Future Land
Use Map Contained in the Comprehensive Plan to Change the
Land Use Designation on Approximately 9.41 Acres from High
Density Residential to Industrial
R. Resolution No. 13-952: Donation of T-Kennel Systems as
Surplus Property to the Meridian Valley Humane Society
S. Resolution No. 13-953: Reappointing Keith Bird to the Meridian
Development Corporation (MDC)
De Weerd: Okay. Item No. 6 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Under tonight's Consent Agenda -- I was really tempted to take 6-A and move
it to Item 7 and have Dean come up here and talk about the professional services
agreement to see if he could talk and type and the same time, but I decided that wasn't
necessary, but that would have been interesting. Under 6-Q, it is Resolution No. 13-
951. 6-R is Resolution No. 13-952 and 6-S is Resolution 13-953. With that, Madam
Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to
attest.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
nothing further, Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Meridian City Council
October 1, 2013
Page 6 of 40
Item 8: Action Items
A. Conditional flee Permit Fee UVaiver Request by Kim Bohrer
De Weerd: So, we will move right into our Action Items. Item 8-A is a conditional use
fee waiver request and I will turn this over to staff.
Hood: Madam Mayor, you did receive a request for a waiver of a conditional use permit
application fee. I'm hoping that that person requesting the waiver is here tonight and we
would just stand for any questions you may have on that request.
De Weerd: Okay. Thank you for being here. Council, you do have the letter in your
packets. Do you have any questions of either staff or the applicant? Okay.
Hoaglun: Madam Mayor, I don't know if this is a question for applicant, but maybe staff
can answer. Do we know how long that fencing that was required was in the backyard?
Hood: Madam Mayor, Councilman Hoaglun, I do not know that. The applicant might be
able to answer that question. I think it's pretty recent, though. You're talking about the
chain link to the unscalable. I think that's something just this year that went in.
Bird: Yeah, I think it was.
De Weerd: Kim, if you will help answer -- yes. And if you will state your name and
address for the record.
Bohrer: My name is Kimberly Bohrer. My address is 4348 West Newland in Meridian.
83642.
De Weerd: Thank you.
Bohrer: The fence was just built like two weeks ago.
Hoaglun: Okay.
Bohrer: The chain link has been there, but it was scalable, so we just built the fence.
Hoaglun: Okay. And, Kim, how long was the length of that fence?
Bohrer: A hundred and twenty feet.
De Weerd: Council, anymore questions for Kim while she's up here?
Hoaglun: Yes, Madam Mayor.
De Weerd: Yes.
Meridian City Council
October 1, 2013
Page 7 of 40
Hoaglun: In the information we received from staff and whatnot it talked about you have
to work with the state for day care licensing and accreditation you don't want to lose.
What is the cost for -- is there a cost associated with the state daycare licensing?
Bohrer: Yes. The state has a -- like a hundred dollar fee every two years.
Hoaglun: Okay. And that includes the accreditation process?
Bohrer: No. The accreditation is a voluntary program through the National Association
for Family Child Care. I had to pay 2,100 dollars I think to get the packet sent to me
and, then, it took 18 months to get the accreditation and, then, when I moved it cost me
another like 120 dollars to move.
Hoaglun: Okay. That's all I have, Madam Mayor.
De Weerd: Okay. Any further questions, Council? Thank you, Kim.
Bohrer: Thank you.
Hoaglun: Madam Mayor, question for Caleb. When we change that from six to number
-- six to four, was that -- was that a state requirement or that was just our requirement?
I can't recall the details right now.
Hood: Madam Mayor, Councilman Hoaglun, yeah, that requirement is from six -- it's
always been six or fewer, the difference is the state changed their definition where
previously your own kids did not coup
state requires and your own kids are
she was watching up to six, now it's
match the state's definition.
Hoaglun: Okay. Thank you, Caleb.
t in that calculation. So, we now match what the
calculated in that calculation. So, before where
up to eight with her own children. So, we just
Rountree: Madam Mayor, question for Caleb. I'm trying to recall if we have ever dealt
with something similar to this before and this is a -- I can't recall a precedent for this
action.
Hood: Madam Mayor, Councilman Rountree, I will be honest, I didn't do the research,
but just going off of memory over the past couple of years -- I mean the definition has
just changed fairly recently and I do not believe we have had a similar instance where
the change in a definition triggered a different application that was just required a few
months prior. So, I don't think we have run across this issue yet prior to this being
brought up. The new definition, again, coincides with the state's definition of small or
medium or large size daycares. I don't think this question has been before the Council
before. At least the fee waiver portion of that. We will process the group daycares
Meridian City Council
October 1, 2013
Page 8 of 40
according to the definition. I don't think we have even had one, though, recently come
through for a new group or daycare center recently.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Caleb, when it gets to the application part, whether the fee's waived or not,
there is going to be a CUP application I take it. Is that a -- remind me if that's a public
hearing where -- I'm assuming she's moving into a new place and the neighbors are not
accustomed to this and may want to weigh in on it.
Hood: Yeah. Madam Mayor, Councilman Zaremba, the CUP process does include one
public hearing before the Planning and Zoning Commission. So, it wouldn't come
before the City Council unless it's appealed. So, they will be notified -- everyone within
300 feet will be notified of this application and go through that -- that normal process.
She will need to have a neighborhood meeting. The site will be posted, although I think
it's the smaller -- it's small enough for you to use the 11 by 17, instead of the four by
four big public hearing notice sign. But, yes, there will be a public hearing -- at least one
before the Planning and Zoning Commission on this matter regardless of whether the
fee is waived or not. There is a cost associated with the clerk and us noticing the
property owners and putting it in the paper and that's what a portion of that fee goes to
is to pay our overhead for letting the neighbors know, writing those letters, writing
passports, that type of thing. But just the one.
Zaremba: Thank you.
De Weerd: Council, any further questions?
Rountree: Madam Mayor, I guess my comment is the newness of this is somewhat
difficult to come to some clear decision, but it appears that we have been driven to this
spot because of changes in definition by the state. It's going to be with us, so whatever
action we take tonight probably would establish precedent for -- for all of the potential of
these in the future. So, I'm going to make a motion just to get some discussion and/or a
reaction from the Council that we deny the request for the fee waiver for Item 8-A.
Hoaglun: Second.
De Weerd: I have a motion and a second to allow discussion. Any comments from
Council?
Hoaglun: Well, Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
October 1, 2013
Page 9 of 40
Hoaglun: Thinking along the same lines as Councilman Rountree, this is -- it is difficult
to do, this -- there are costs associated whenever you're moving a business and it is
difficult and -- and running -- running a business, whether it's a daycare or something
else is not cheap and we have the cost with the fence and, then, accreditation and
those types of fees that are associated with that business. But it does give me pause to
think that when any other of these come up what do I have that will say this is different
than another one that comes up. That's -- that's always the difficulty and sometimes we
can justify things because there is something very unique to that particular situation. It
would be nice to grant them all fee waivers, but, then, we are taking the cost and telling
the rest of the taxpayers in Meridian that you're going to carry that burden for someone
else and that's -- and sometimes that can be justified, but not always and therein is the
struggle, so I don't know if I'm -- have found a good enough reason to waive the fee, but
I'm not -- I haven't made up my mind yet.
De Weerd: Any other comments from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just to repeat what Mr. Hood said already, the fees are established not
necessarily in a vacuum, they are established because there is a history of what various
different applications cost the city to process and the decision to waive one of those --
and, lagree, it's even worse if -- if there is a precedent that's established, but even on
an individual basis the decision to waive a fee does mean that other people are paying
for that expense and I believe in establishing what the various fees are for the various
applications we have tried to be as fair and even handed as we can in relation to the
cost that the city is going to incur and the fees just recoup that cost. There is no profit in
it for the city and if we allow it to be a loss, then, as has been said, somebody else has
to pay for it. So, I -- I'm inclined to uphold the fee.
Hoaglun: Madam Mayor?
De Weerd Mr. Hoaglun.
Hoaglun: Question for Caleb. When someone comes into file for a conditional use that
fee has to be paid at that time in full; is that correct?
Hood: Correct.
Hoaglun: I didn't think we allowed any payments over time or anything like that, so --
they file the fee and, then, they move forward in the process to cover the costs, so --
okay. Thank you.
Zaremba: Madam Mayor, I'd call the motion.
Meridian City Council
October 1, 2013
Page 10 of 40
Bird: Call for the question.
De Weerd: Okay. Well, I will ask Madam Clerk to call roll in just a moment. It's -- child
care, if you have children, is hard to find and quality care is hard to find. I appreciate
that this applicant is -- is concerned about the licensing and -- and bringing the property
up to safety standards for the kids. Certainly when you rent and you have a business
some things are totally out of your control and when you find yourself moving and now
faced with a new code and -- it's -- it is an unanticipated burden. If Council -- I think
certainly understand the argument, because I think many of our small businesses would
find themselves in a similar situation and it's hard to find something that can -- can set
this as difficult than setting a precedent, but if there is a way and maybe this is a
question for our attorney -- to maybe ask the applicant to bring a proposal that can be
paid over time is -- if that's something that could be done and how collection could be
enforced, because that certainly is always the biggest challenge.
Baird: Madam Mayor, Members of the Council, our code does not provide for that.
However, that could be a stipulation of your decision that in lieu of waiver you would
allow for that possibility. Another idea is to waive the soft costs and have the applicant
pay the hard costs of the noticing -- you know, the actual out-of-pocket costs that the
city would incur. In a sense -- in essence you're waiving the staff fee. So, those are
some other options that you have before you, other than full denial or approval.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Caleb, what are -- out of the 1,369 what~is the hard cost? I mean how many --
you know, we got to mail, we got to notice, we got to sign. What's the hard costs?
Hood: Madam Mayor, Councilman Bird, I did not bring that this evening. I do have a
spreadsheet back in my office that has the breakdown of what it costs legal, the clerk,
the paper --
Bird: Do you have any idea? Fifty percent?
Hood: If I would guess I'm going to say it's 50 percent or less, probably.
Bird: Of hard costs?
Hood: Yes.
De Weerd: And, then, the rest would be staff time.
Bird: Yeah. Well, no, that's -- the hard cost should include staff time. That's labor that
is on it. It should be part of the hard cost.
Meridian City Council
October 1, 2013
Page 11 of 40
Hood: Madam Mayor. To clarify, then, no, that --
De Weerd: That is a hundred percent.
Hood: -- that's a hundred percent. I mean our fee just covers our time and-costs out of
pocket to -- to publish it, to process the application. So, it would be one hundred
percent of the application would be our -- by that definition our hard cost.
De Weerd: Okay. Is there any further discussion? If not, Madam Clerk.
Holman: Mr. Zaremba.
Zaremba: Could we have the original motion repeated, please.
De Weerd: Sure. Madam Clerk, do you want to repeat that motion?
Holman: Madam Mayor, I thought it was a motion to deny.
De Weerd: It is a motion to deny and -- to deny the request for the fee waiver.
Zaremba: So, yes vote is for denial.
Bird: Uh-huh.
Zaremba: Zaremba votes aye.
Roll Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: Okay. Motion carries with three ayes and one opposed.
MOTION CARRIED: THREE AYES. ONE NAY.
B. FP 13-038 Jack's Place Subdivision by Jack's and Jesse Place,
LLC Located East Side of S. Meridian Road, Approximately 1/4
Mile North of E. Victory Road Request: Final Plat Approval
Consisting of Three (3) Office Lots, Twenty (20) Residential
Lots and Three (3) Common Lots on Approximately 4.52 Acres
in the Proposed L-O and R-8 Zoning Districts
De Weerd: Okay. Item 8-B is final plat 13-038. I will ask for staff comments at this
time.
Hood: Madam Mayor, the next item on your agenda is a final plat for three office lots
and 20 residential lots on 4.52 acres, zoned L-O and R-8. The site is located on the
east side of South Meridian Road and Victory on -- excuse me -- on the north side of
East Victory Road. The applicant has consented to the conditions in the staff report.
Meridian City Council
October 1, 2013
Page 12 of 40
We just got the consent after the deadline to have it be on the Consent Agenda or it
would have been on the Consent Agenda. The applicant representative is here tonight
should you have any questions, but everyone is in agreement with the staff report and
the packet. With that I will stand for any questions.
De Weerd: Okay. Council, any questions?
Bird: I have none.
De Weerd: If not I would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve FP 13-038 and include staff comments and written comments
by applicant.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing: Substantial Amendment to the Community
Development Block Grant (CD~G) Program Year 2012 Action
Plan
D. Public Hearing: Community Development Block Grant (CD~G)
Program 2013 Annual Action Plan
De Weerd: Item 8-C would be our -- in regards to a public hearing on the Community
Development Block Grant program. I will open these two public hearings at this time.
Den Hartog: Thank you, Madam Mayor, Members of the Council. The first item before
you is a public hearing for a proposed substantial amendment to our program year 2012
action plan and an amendment to our citizen participation plan as it relates to our
Community Development Block Grant funds. The proposed substantial amendment is
to reallocate 14,000 of our program year '12 administrative funds to the program year
'12 8th Street Park ADA restroom facility project. The reallocation is necessary because
the construction bids for the project were higher than originally anticipated, even after
Meridian City Council
October 1, 2013
Page 13 of 40
staff went back and adjusted the plans and rebid the project. We do have sufficient
funds from program year '12 in our administration to reallocate to the project costs for
the 8th Street Park restroom facility. Just quickly. That project is currently under
construction. We had a disagreement in interpretation of our citizen participation plan
with HUD, so we had originally reallocated those funds and HUD came back and said
we had to come back and do a public hearing to change from administration to the
project funding. The change in administration funding decreases by 30 percent and the
increase to the parks project is 11 percent. So, because of that problem that we ran
into I'm also proposing an amendment to our adopted citizen participation plan, which
requires a hearing like this when we change a project's funding level by 25 percent or
more. I'm proposing to have an exception for a decrease in administrative funding. So,
the citizen participation plan, as you will recall, was adopted with our five year
consolidated plan about two years ago. So, with that I would be happy to stand for any
questions. All other components of our citizen participation plan would remain the same
and would just be if we ever decrease for funding in admin again we wouldn't have to
come back with a public hearing. Any of our projects that we increase or decrease the
funding level by 25 percent will still require a substantial amendment and a public
hearing.
De Weerd: Thank you, Lori. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Lori, are those percentages consistent with HUD's policy?
Den Hartog: Yes.
Rountree: Okay.
De Weerd: Okay. This is a public hearing. Is there anyone who would like to offer
testimony on this item? On either of these items? Okay. Lori, we don't need to keep
the public hearing open for public comment -- for a public comment period?
Den Hartog: No. Our public comment period occurred prior to this evening's hearing. It
was opened with the announcement in the newspaper.
De Weerd: Okay.
Den Hartog: You did open -- pardon me. You did open Items C and D together. Is that
your -- we can act on Item C now or I can continue presenting to Item D and, then, you
can adopt them both. It's up to you.
De Weerd: Go ahead and move to Item D and they will make two individual motions
that will --
Meridian City Council
October 1, 2013
Page 14 of 40
Den Hartog; Okay. Thank you. Continuing with Item 8-D. We have a proposed project
selection. When we came -- when I came before you July of this year to adopt our
annual action plan for program year 2013, which, incidentally, starts today. We did not
have a specific public facility project. The action plan at that time stated that we would
come back before Council with project options for you to select and so staff is now
presenting two options for your consideration. We have approximately 142,000 dollars
available in Community Development Block Grant funding for a public facility project to
be completed during this upcoming program year. The first option is to construct
sidewalk on Idaho Avenue between Northwest 5th Street and Meridian Road. The
estimated project cost is just over 141,000 dollars. Option two is to install nine
streetlights at identified locations within our LMI area, which is our primarily residential
areas just to the west of downtown and the estimated project cost for that is 53,000.
So, going through just a little bit more explanation for both of those projects. For project
one, city staff consulted with the Ada County Highway District. The funds would be
used to construct approximately 1,300 feet of sidewalk. We wouldn't be looking to do
curb and gutter or pavement widening. The sidewalk would be constructed within the
existing right of way on Idaho Avenue where no sidewalk currently exists. There is 80
feet of existing right of way on Idaho Avenue. Reflected segments will connect to
existing sidewalk and fill in the gaps on Idaho Avenue. We have -- Idaho is really
interesting. We have a lot of different things happening. Some sections have rolled
curb and sidewalk, some sections have rolled curb and no sidewalk. Some sections
have no sidewalk at all. Some sections have a sidewalk for half a block. So, the
proposed segments fill in all of those gaps. The reason we are proposing it this way is
that ACRD does not have the funding to construct these particular segments through
their community programs budget. We consulted with ACRD and the priorities list that
we go through between the city and ACHD each year on their community program.
This roadway was identified as a need in our downtown pedestrian -- I'm going to get
the name wrong -- the pedestrian and bicycle plan. But it is not currently programmed
in their budget. These ranked the highest on our resident survey which were conducted
with the development of our five year consolidated plan. City staff would manage the
project and consult with ACHD if necessary. Included in your packet was a letter of
support from ACRD and. also supporting the city management of the project. I also
wanted to tell you we have been in discussions with HUD about the possibility of using
these dollars for sidewalk construction. When we spoke with them last spring they were
really hesitant in understanding what ACHD was and the relationship between ACRD
and the city. So, we, hopefully, have HUD understanding that no matter who constructs
the sidewalk it will be public in perpetuity and in our discussions with ACHD they
expressed a desire to not be a sub recipient of the fund and we thought that created a
lot of unnecessary moving of money back and forth between the two agencies and
that's why we have proposed it this way. I do have to caution you -- I don't have final
approval from HUD to manage the project in this way. CDBG funds are used all over
the country to construct sidewalks, we just have a particularly unique situation here in
the city and in Ada County all of the cities have the same situation. So, I am -- I am
optimistic that HUD will support a local solution to proceed this way. So, I may have to
Meridian City Council
October 1, 2013
Page 15 of 40
come back before you and have discussions about HUD's comments once we present
-- once we present this option. Included -- oh, excuse me.
De Weerd: Lori, just before you move on, can you tell me why this has rated so high in
the resident survey and if it rated so high why ACRD hasn't rated it in their community
sidewalk program.
Den Hartog: Madam Mayor, Members of the Council, in general sidewalks rated as a
high priority in our resident survey. The resident survey did not address specific
sidewalk segments. One of the conditions that HUD stipulated when we looked to --
and this holds true for all of our public facility projects when you use the federal dollars.
The federal dollars can't replace the local funding source. So, we had to look for a
project that did not have any funding at the local level, so we couldn't go in and look at
the community projects that HUD -- or, excuse me, that ACRD has programs, whether
they be this year or three years from now and replace one of those projects with a
federal -- with the federal funding. So, we looked for a project that wasn't even in --
wasn't even in the funding hopper per se.
De Weerd: Caleb.
Hood: Madam Mayor, if I could just add onto that a little bit. You know, this part of town
does have some situations on multiple roads and some of the projects that we have
sent onto ACRD requesting get in the program, just higher ranking priorities --
Broadway ranked higher than Idaho. Northwest 1st and Northwest 4th with their
connections to the elementary school, primarily on safe routes. So, they have lots of
gaps in this area, but those are the ones that are the highest priority and, like Lori said,
ACHD just doesn't have the money to fill in all the gaps, so in that general vicinity Idaho
just -- not that they are not important or else we wouldn't be asking for the money here.
They just aren't as important as some of the other corridors with ACRD and their
prioritization.
De Weerd: Well, what you just said answered my -- probably the underlying question
and that would be safe routes to school and Broadway probably between Meridian, the
Food Bank, and maybe even Head Start. Okay. Council, any questions at this point on
this topic?
Bird: I have none.
De Weerd: Thank you, Lori.
Den Hartog: And project two, this option is to install streetlights at nine locations. The
specific locations are spelled out in your staff report, both in the LMI area and the
proposed locations are in developed areas where lighting will not be provided by new
development. Streetlights have been shown to reduce crash risk, especially for
pedestrian and vehicle collision and the city does not currently have funding to retrofit
existing residential neighborhood of streetlights and streetlights scored second highest
Meridian City Council
October 1, 2013
Page 16 of 40
on our resident survey in the infrastructure category. I have those locations identified
for you on the map. As included in your staff report, staff recommends selection of
project one, which is the Idaho Avenue sidewalk construction as our primary project
and, then, adopting project two, the streetlights as an alternate project if we ever have
our projects in 2013 coming under budget or do not proceed as planned. And with that
staff is happy to stand for any questions that you may have.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay. Again, I would ask if there is any public comment.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no public comments, I move that we close the public hearings on
Item 8-C and D.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-C and
D. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor, I move that we approve Item 8-C adopting the substantial
amendment to the block grant action plan.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-C. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 8-D.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
October 1, 2013
Page 17 of 40
Rountree: I move that we approve the recommendation from the staff with respect to
proceeding with the project identified as project number one and holding project number
two as an alternative.
Zaremba: Second.
De Weerd: I have a motion and a second to move forward with Item 8-D as stated.
Council, any comments? Madam Clerk, roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
E. Three Party Agreement with the City of Meridian, LC Inc., and
Meridian Heights Water & Sewer District
De Weerd: Item No. 8-E has been moved to 11-E.
Item 9: Department Reports
A. Mayor's Office: Resolution No. 13-954: Appointment of Steven
Cory to Seat 4 and Nancy Mann to Seat 5 of the Meridian Solid
Waste Advisory Commission Approved
B. Mayor's Office: Resolution No. 13-955: Appointment of Phillip
Liddell to Seat 1 and Treg A. Bernt to Seat 2 of the Meridian
Parks and Recreation Commission
De Weerd: So, I will ask Council under Department Reports if you have any questions
regarding 9-A or B.
Bird: I have none.
De Weerd: These are just reappointments of citizens that have been served in these
positions and I'm asking to get your approval to reappoint them to another term.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the recommendation for Nancy Mann under the -- or
for the Solid Waste Advisory Commission, Resolution No. 13-954
Meridian City Council
October 1, 2013
Page 18 of 40
Zaremba: Second.
De Weerd: Okay. That was for Steven Cory to Seat 4 and Nancy Mann to Seat 5.
Rountree: Steven Cory, too. Yes.
De Weerd: Okay. Any discussions? Madam Clerk, roll call, please.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 9-B.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve Resolution 13-955, appointing Phillip Liddell to Seat 1
and Treg Bernt to Seat 2 of the Meridian Parks and Recreation Commission.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Solid 1lVaste Advisory Commission: SWAC Recommendation
on the Renewal of the Solid Waste Franchise Agreement with
Republic Services for FY2014
De Weerd: Item 9-C is under our Solid Waste Advisory Commission. I will invite Mollie
up.
Mangerich: Good evening Madam Mayor and Council Members. Tonight I am here on
behalf on our Solid Waste Advisory Commission. The first order is to communicate to
our City Council that SWAC recommends the renewal of our solid waste franchise
agreement with Republic Services, Inc., for fiscal year -- continuing forward into fiscal
year '14 for the following reasons: Our findings this year have been very positive, not
only in the customer service that we have received from Republic Services, but also in
Meridian City Council
October 1, 2013
Page 19 of 40
the amount of materials that have been recovered for recycling from both our
commercial and residential sectors, as well as the marvelous services that they have
provided our community at no additional cost to our customers. For example, Republic
Services collected a total of 340 tons during the first three full weeks of November last
year on leaves alone. That was the largest amount that we have recovered for diverting
to composting since the inception of the program. We also -- Republic Services
captured over 65 tons of Christmas trees after our holiday celebrations this year. That,
too, was the largest amount of trees that have been recovered for tipping this year.
Republic Services, at no additional cost to our customers, collected a total of 830 tons
of trash during our very popular Meridian spring clean up this week that happens this
year. It was to happen the first full week of May and as well during our very popular Old
Town clean up event, which is an annual event and very well subscribed to by both
sponsors and volunteers. They collected three trash trucks -- a full truck full of old
televisions and multiple construction boxes and you know those are a minimum of 35
cubic yards of just wood waste and trash. I might add that there was money donated to
the sales of metals recycling from the Old Town clean up event and that money was
donated to our Meridian Food Bank. The down side is -- this year in terms of our -- not
any problem with the franchise agreement, but we received no revenue from the sale of
recyclables during fiscal year '13 due to the extended downturn of secondary markets
for the demand of these materials. In fact, our last deposit to the community recycling
fund was in November 2012. So, we have gone .through a very lean period as a result
of that. Our current balance is just over 260 dollars. So, we are looking pretty thin.
Republic Services provided exceptional customer service to us in our Solid Waste
Advisory Commission and also our community by participating in our stakeholder group,
which resulted in the city's adoption of our commercial recycling exemption to our city
solid waste code. That was a long process and it ended up being a very positive one by
all stakeholders involved. In response to customer demand Republic Services also
provided a subscription based grass recycling pilot program. We currently have 97
customers subscribing to this program as of the end of August. Republic Services also
has made several presentations to our advisory commission and City Council upon
such myriad of subjects like the Dynamis waste to energy, landfill tip fee changes --
potential changes, construction of the materials recovery facility at the old SSC facility
and also periodic updates on the Boise's glass recovery recycling program. It finds that
our Republic Services have been very customer service oriented and when we receive
complaints they are remanded to the advisory commission in which we go into problem
solving mode with Republic Services and have been able to mitigate any problems that
-- or complaints that we have received from customers in regards to comparison of trash
rates and as focused as wanting to have quieter collection of a trash containers outside
a school. Both were handled ably by Republic Services. So, in closing as a result of
our review SWAC voted at our meeting on September 25th to recommend approval of
the automatic renewal of our franchise agreement with Republic Services and I stand
for any questions on behalf of the SWAC.
De Weerd: Thank you, Mollie. Any questions from Council?
Rountree: I have none. Thank you, Mollie.
Meridian City Council
October 1, 2013
Page 20 of 40
Bird: I have none. Thank you, Mollie.
D. Solid Waste Advisory Commission (SWAC): Annual Close-out
Report for the FY13 Community Recycling Fund
Mangerich: You're welcome. Our next item, Madam Mayor, Council Members, this is
our fiscal year Meridian community recycling fund closeout report to our City Council.
This is something that we do after a refunding year to our recycling fund. Four
applications were refunded and successfully completed during fiscal year '13. Our
Meridian recycling fund awarded 50,977 dollars, which was all awarded, except for 802
dollars was spent and that was reverted back to the community recycling fund. Project
number one, Meridian Parks and Recreation. They came forward with two very solid
applications and received funding from the Meridian community recycling block fund.
The first being the purchasing of 24 recycling containers and expanding our public
recycling program into two more parks in our community, Heroes Park and the
wonderful Julius S. Kleiner's Park. These 24 recycling containers look just like the ones
that were established in the pilot program at Settlers Park. They received very little
contamination and Park and Recreation get a lot of feedback on this service provided to
the patrons of our parks at these locations. The second project that our Parks and
Recreation Department came forward with was the procurement of playground
equipment that is ADA compliant and also manufactured from 50 percent post-
consumer recycled plastics. This equipment you see a picture of in your handout, that
is a digital representation of the actual equipment that will be -- that has been
purchased and is currently in storage and ,awaiting to be installed this fall once they get
all of their dirt work done. That was a good choice of words. Anyway, successfully
completed and I can't wait to see that as that is also adjacent to our water division, so I
get to check it out. The third -- our other applicant was our Meridian Youth Baseball
group. This group is such a dynamo and they have purchased right out of the bat two
sets of bleachers of 99 percent post-industrial scrap aluminum. We got them installed
out there. They put up the necessary thank you signage to the Meridian community
recycling fund and they say that seats are filling the benches quite happily.
De Weerd: And used right out of the bat -- right off the bat.
Mangerich: What did I say?
De Weerd: Yeah, you did.
Mangerich: Oh. I didn't get it.
De Weerd: All these puns.
Mangerich: Funny me. Okay. The final successful applicant was the environmental
division in which we represent. We received 5,000 dollars from the community recycling
fund to help in the assistance of the story boarding process and the development of the
Meridian City Council
October 1, 2013
Page 21 of 40
narrative that is going to be the final production of the next new graphics animation,
solid waste and recycling services in the City of Meridian. So, we had a successful
meeting with our Public Works leadership, members of our Solid Waste Advisory
Commission, who provided fabulous input and ideas about both some narrative words
and the look and feel of the animation and so now we go forward into fiscal year '14 to
complete that. We couldn't have got through this as ably as we did without that help
from the community recycling fund. And, then, finally, at our 9/25 SWAC meeting
commissioners received a presentation from the Meridian Arts Commission requesting
extension of funding. The funding was originally awarded -- the amount was 20,000
dollars -- or is 20,000 dollars. The funding was originally awarded in the fall of fiscal
year'12 with a deadline for completion by the end of fiscal year'13. The MAC provided
an update to the Solid Waste Advisory Commission with a request to extend that
funding due to delays in the RFP process and decision making process. After much
discussion the SWAC unanimously approved a motion to grant the MAC's request to
extend funding provided that -- and I quote: The Meridian Arts Commission receive the
final decision by City Council regarding the selected artist slash piece on October 1st,
2013, or as soon thereafter as possible, but no later than December 31st, 2013. In the
event that MAC does not receive that approval within the time specified City Council will
approve the refund of the 20,000 dollars back to the Meridian community recycling fund.
And I stand for any questions.
De Weerd: Thank you, Mollie. Council, any questions?
Bird: I have none.
Rountree: I have none.
Bird: Thank you for the recycling program. It's done so much for this community. It's
helped. We really appreciate it as a community.
Mangerich: Great. I will communicate that back.
De Weerd: Well, we appreciate the stewardship of the SWAC group and -- and also the
partnerships we have. Certainly it's because of the efforts of our citizens and their
recycling efforts and also the collective efforts of the commission to encourage
recycling, that that money is then turned back to the citizens and their community
programs. I think it's a great program and you have taken great measures to make sure
it actually reflects those recycling programs that promote it.
Mangerich: Thank you.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, just a point on the recycle program. It's driven by commodity
prices and the commodity prices in the last few months have not been very good. I
don't know that the fund itself has received any revenue for, what, four or five months?
Meridian City Council
October 1, 2013
Page 22 of 40
Mangerich: Oh. November 2012.
Rountree: Yeah. So, it's -- it's tough out here. So, given -- given what they are seeing
in their fund they are doing a great job and I appreciate what they do with that, as well
as all the other work that that group does, particularly as it relates to rates that we may
or may not be paying for the collection and disposal of our trash. So, they are very
deep with the county and hopefully soon that will be resolved.
Mangerich: Thank you, Councilman Rountree. And to follow up on that, it has been a
protracted meeting -- series of meetings with the Ada County administration and
operations and sometimes their county commissioners, but the Solid Waste Advisory
Commission continues to be briefed by those -- Steve Cory, who attends, who is our
chairperson, and myself and when the time comes that a recommendation is about to
be proposed to our county commissioners I have requested the Ada County personnel
that our municipalities, including the City of Meridian, would have time to come back to
you and introduce the proposed recommendation to you first to get that blessing or
changes or comments, et cetera.
De Weerd: Mollie, certainly Councilman Rountree and I met with the county and the
discussion was also centered around creating acounty-wide citizen advisory committee.
Formalized.
Mangerich: Right. Uh-huh.
De Weerd: Have they moved forward with that kind of recommendation?
Mangerich: Not formally yet, but it was brought up again by the city of Boise
representative at this last meeting, so -- and there have been verbal agreements by all
county commissioners that they will do so and establish such an advisory commission.
De Weerd: Okay. Thank you.
Mangerich: You bet.
Rountree: Madam Mayor, I have a question for Ted. Ted, on Item C do we need a
resolution to move -- to move forward with the resolution for the extension of that
agreement?
Baird: Madam Mayor, Members of the Council, Council Member Rountree, I was
looking at that asking myself the same question. The recommendation is for approval of
an automatic renewal. Most renewals are automatic unless you take negative action. I
think your -- unless Mollie wants to chime in on her knowledge of it, your motion could
just direct legal staff to take whatever action, if any, to fulfill that recommendation, if
that's what you plan to do.
Meridian City Council
October 1, 2013
Page 23 of 40
Rountree: Thank you.
De Weerd: Yeah. I don't think we have done that in the past because of the automatic
nature of this agreement.
Baird: Yes. Madam Mayor, Members of the Council, that's -- that's my understanding
as well. What the committee did was allowed you the opportunity call that time out if
there were issues, but what they reported to you is that they don't see any indication to
otherwise let -- let what was anticipated go forward.
De Weerd: Okay. Thank you.
Mangerich: If I may add more comment to that. There was much discussion by our
advisory commissioners to have an increased level of communication from the MAC to
the SWAC as to the progress and implementation and decisions that were happening
on this public arts project going forward in the future.
De Weerd: Okay. If there is nothing further, thank you so much, Mollie.
Mangerich: Thank you.
E. Meridian Arts Commission Recommendation -Meridian Split
Corridor Phase 2 Public Art Project
De Weerd: Okay. Item 9-E is also our Meridian Arts Commission. Power in numbers;
right?
Jensen: Don't we look great up here all together.
De Weerd: You look wonderful.
Jensen: Madam Mayor --
Rountree: Except the old guy.
Jensen: -- and Members of the Council, I stand here before you tonight with the fellow
members of the Meridian Arts Commission. We have Nancy Rountree, Brian Schreiner,
Dwight Williams, and Leslie Mauldin. We are missing Stephanie Barnes, who is away
on business this evening, otherwise, she would be joining us as well. We are here
because per the motion made by Councilman Hoaglun at the City Council meeting on
July 23rd, 2013, the proposals for the Meridian split corridor public art project were
returned to us with the idea that we review the process and the proposals and
determine an internal process to make a recommendation to Council to move forward.
As a commission we decided that there were three solid public art proposals in front of
us. Many man hours and dollars invested and after thoroughly reviewing the call, the
process, and the three proposals, the arts commission could make a sound decision. A
Meridian City Council
October 1, 2013
Page 24 of 40
special meeting of the arts commission was convened. Each member went through the
details of the call, as well as the details of his proposal with an open mind, an eye for
detail, and all of the combined knowledge of public art and the public arts projects that
we possess and we came to the unanimous decision to re-recommend the C.J. Rench
piece Under The Sun and Dreaming for the south parcel of the Meridian split corridor
public art project. I believe, Mr. Baird, you have this proposal available if any of the
Council Members or the Mayor would like to look at the proposal as we discuss the
details. Thank you. There are several reasons and conclusions that MAC members
determined to support this recommendation. First, the budget in this proposal takes into
consideration engineering and fabrication costs. The proposal reflects a sophisticated
level of public art expertise. The artist's experience outweighed several other factors
that were important to us and it adds predictability and a peace of mind to this project
that we could not find in any of the other proposals. This proposal is professional. It
reflects understanding of technical and maintenance requirements for installation and
upkeep of the piece. The proposed piece is innovative, interesting, excitingly new for
our area. The design is well thought out and researched and speaks to Meridian's
history, our present, and our future. We felt like the symbolism in this piece is more
complete than in the other proposals, that the public can perceive the details of this
piece at a glance. Since there will not be foot traffic allowed on the parcel, it needs to
be able to be recognized and taken in while moving in a vehicle, possibly at high rates
of speed. It has an enduring, solid look. It is futuristic and it engenders ongoing interest
and interpretation of the piece. Maintenance is a major concern and this proposal
highlights the fact that a minimal amount of maintenance would be required for this
piece. Please understand that this was not merely a case of which one we thought was
prettier or which one we liked better, our jobs may have been easier if it were -- it may
not have, too. But each proposal had many positive aspects that we looked at. The
reasoning behind this selection was complex and as a commission we believe that to
the best of our ability we have chosen a piece that fits the needs of the city, the
Meridian Arts Commission, and our community. At this time, I, or any of my fellow
commissioners, will be happy to entertain any questions that you may have for us.
De Weerd: Thank you, Mary. Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I just have one question. Now that we have seen the -- the plat of land that
it's going on, I was just curious what direction is that -- would that piece be facing? Is
that up to the artist, would he determine that and try to --
Jensen: Right. That is not actually in the proposal.
N.Rountree: I'm not sure if you can tell --
Meridian City Council
October 1, 2013
Page 25 of 40
De Weerd: I'm sorry, you will have to speak into the microphone and identify yourself if
you would.
N.Rountree: I'm Nancy Rountree and I think if you -- you might be able to tell just by
looking at the schematic in his proposal how he has that positioned on that south piece
and, of course, there may be some changes as he moves forward with this.
Hoaglun: Yeah. Madam Mayor and Commissioner Rountree, it was just -- I was just
curious, because that being a -- somewhat of a triangular piece it presents unique
challenges, but where the artist has done this type of work before I'm sure they will site
it appropriately, so --
N.Rountree: Council Hoaglun, they were given the parcel dimensions and schematic in
that RFP.
Hoaglun: Okay.
N.Rountree: So, each artist did have that information.
Hoaglun: Great. Thank you.
De Weerd: Well, I guess it -- until it's built you never know and I have gotten -- and
Ryan will I'm sure take this back to ACRD. There has been since the split corridor has
opened some concern about walkability to that area. Pedestrians would and have been
cutting through this island to get to the other side of Main Street, because, otherwise,
they have to almost walk down in front of Tate's and up -- then go north to cross, then,
go south to cross King and, then, go south on Main Street. So, the request that I have
heard from now two people is we need a sidewalk through that island, because there is
no safe way to even cut through the island and get across Main Street. It's a real
problem and if you go out there it is a real problem. Secondarily, it -- does work
different and maybe lesson learned here is we shouldn't do something until it's built and
an artist can actually go out and look at where they are placing their art, because they
might do it a little bit differently. So, I would ask the commission to go out there and
take a look at the island and see how you will feel that this will look, because I think a lot
of the elements in the design that we really like is going to be lost, because it's -- it can't
be positioned so people can see it as they are going north and, again, I would just invite
you to go out there and take a look at it. We didn't see that until two weeks ago when it
was open and people could actually even travel it. So, I'm just giving you feedback of
what I have heard and certainly some legitimate safety concerns on pedestrian safety in
that area, because it does create a big void that we don't know how to get foot traffic
through.
Jensen: And, Madam Mayor, I agree with you in the fact that we just don't know.
mean that's true. Until we had it built and until we see it we don't -- we don't know. And
so that was really actually one of the major concerns that we -- that we looked at as we
Meridian City Council
October 1, 2013
Page 26 of 40
were making our decision is we don't know what any of these art pieces will actually
look like in that spot, at what angle, and how safe they would be. But we chose -- the
proposal that we did choose based on the fact that we had an artist that had such a
great deal of public art experience that we felt like he would be able to help guide us if
needed to a positive outcome is really what it came down to. So, that, I think, was a big
part of our decision making process.
Mauldin: May I? Madam Mayor and Council --
De Weerd: Leslie, if you will --
Mauldin: Yes. Leslie Mauldin.
De Weerd: Thank you.
Mauldin: I'm looking at the project, because I remember that it was a stainless steel --
looking at it and following up on what Chairman Jensen just had to say, I think that with
the flexibility of this artist that bending -- that this could be made -- still in a flat line, but
bent. I bet he can bend the middle of that sculpture, so that we have one side is
viewable as you're driving north, one that's viewable as you're driving south, and leaving
space for -- you know, even the angle of the sidewalk and the way the sidewalk could --
even could become part of the design of the shape of the space. There is the -- doesn't
that drive south?
De Weerd: No. Well, you're coming south on Main and it almost stops at that point
and, then, you have to go west to go south.
Mauldin: But I'm wondering if the experience of flexibility -- and I don't mean to -- I have
made another pun --
De Weerd: Well, I think that's a good point.
Mauldin: It might be something that could be really worked
De Weerd: I guess that goes back to Mary's point. It may look a little different after you
see the space and how to accommodate it so it can be viewed.
Mauldin: Yeah. I see the possibility and I -- just as a follow up, I drive from my house
and drive here I drive right past -- I have had the same exact thought, people are going
to walk -- people are going to walk there.
De Weerd: Yeah. It's --
Mauldin: But I love it. I do love it.
De Weerd: It is, it's --
Meridian City Council
October 1, 2013
Page 27 of 40
Williams: Madam Mayor and Council --
De Weerd: Dwight, will you state your name, please.
Williams: Dwight Williams.
De Weerd: Thank you.
Williams: I really think that if there is a sidewalk in proximity to this piece of art it will be
abetter piece of art.
Bird: That's right.
Williams: The public will be able to walk up to it and cars going by quickly will look at it
as a whole, which is something we thought about esthetically, but I think if it is required
that a sidewalk be put in there, that it -- it can be situated and in such a way that the
public will be able to get up even closer and look at some of the -- the historic and
present and future decoration.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would add to the previous comments that while we were actually dedicating
and doing the ribbon cutting I observed some people attempting to be pedestrians in the
area and I agree with the sentiment that not only should there be a sidewalk there, but I
think it could even be an addition to this and I would even add to that let's think about
having a park bench around there someplace that somebody could sit there and
contemplate looking at this. My other question would be -- I know there is no lighting in
the sculpture itself, but is there any thought of maybe, you know, ten feet away a spot
light or something that would illuminate this or are we prepared for any of that?
De Weerd: I don't think there is electricity put to -- there is no power out here.
Zaremba: Okay.
De Weerd: I don't believe. Yeah.
Zaremba: Solar powered lighting maybe.
De Weerd: That would be the recycling aspect.
Jensen: Madam Mayor, that was just what I was going to say.
Meridian City Council
October 1, 2013
Page 28 of 40
De Weerd: And I'm sure Ryan is sitting there saying no benches. We can -- we can
figure all of that out. Mr. Rountree.
Rountree: I was just going to point out, there is a landscaping budget for this project as
well, so -- as I recall somewhere.
De Weerd: Well, yeah.
Rountree: In parks.
De Weerd: We are working on it.
Rountree: Yeah.
De Weerd: It was really out of whack and trying to make it a little bit more reasonable,
so --
Hoaglun: Madam Mayor, I just wanted to comment here that I appreciate the effort the
arts commission went through again on. This we took a conundrum that we were faced
with on the Council and kind of threw it back into your lap and said figure this out and
come back and you guys took that to heart. There were good designs presented, you
reviewed them thoroughly, you looked at the detail of each one and I think you have
come back with a recommendation that we were seeking in terms of direction and
reasons why this would be the one that we should have for our community and I
appreciate the effort and time that you put into that and -- and if we are ready for a
motion I'm ready to make one.
De Weerd: Do it.
Hoaglun: Madam Mayor?
De Weerd: Yes, Councilman Hoaglun.
Hoaglun: I move that we accept the Meridian Arts Commission recommendation for
Under The Sun and Dreaming by CJ Rench to be installed in the Meridian split corridor
phase two public art project.
Bird: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Just to staff, I
guess that would be Steve and Caleb and to ACHD, if you can work closely with the
Meridian Arts Commission and the artist and, number one, we do need to address the
pedestrian element first and certainly landscaping and all of that, but if we can kind of
huddle on this it would be great. Okay. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
October 1, 2013
Page 29 of 40
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you all for being here.
Zaremba: Thank you.
Jensen: Thank you for your time. We will continue working on this project and bring
you updates as necessary.
De Weerd: Thank you.
Rountree: I forgot to do something at home, so I need to check in.
F. Parks ~ Recreation Department: budget Amendment in the
Amount of $15,000.00 for Completion of the Park Dedication
Plaque Project
De Weerd: Is there a honey do here or -- okay. Our next item under 8 -- 9-F and our
public -- our Parks and Recreation Department.
Siddoway: Thank you, Madam Mayor. I might just mention first on that -- that last item,
we do have a budget for the landscaping of those islands. We are waiting for the
project agreement from ACRD. It was provided to us this week, but still not signed by
the -- the contractor, but we would -- we expect having to you for approval that
landscape project agreement in the amount of 110,000 dollars here shortly. That
maxes out our budget without sidewalk or running power to the site, things like that.
And that's for all three islands, not just the one island. That's north and south and this
cross-over on Meridian Road.
De Weerd: Well -- and, Steve, while you're on that, just public thanks to your staff for --
for cleaning up one of those islands and making it look like something we could be
proud of.
Siddoway: You're welcome. Madam Mayor, Members of the Council, the budget
amendment request before you is one that will allow us to complete the park dedication
plaque project that I believe you're familiar with. It was funded in FY-13 for 15,000
dollars. Those were in operating funds and could not be carried forward as they do
capital funds into FY-14. Currently we are in the design phase of that project. We have
gone through an extensive period of research into the -- the names on those. I think
Jay was before you a few months ago giving you an update. We are currently in the
design phase at the foundry and reviewing proofs of those. The casting and delivery
process should take approximately 30 days, after which we will be installing them using
park staff. To be specific, these are not new funds we are requesting. We are
Meridian City Council
October 1, 2013
Page 30 of 40
requesting the same 15,000 dollars that was in our budget yesterday, but was returned
to the General Fund today as a result of the new fiscal year. And with that I will stand
for any questions.
De Weerd: Thank you. Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Steve, are those plaques going to look like the ones that -- that I got sent to me,
the one that's going to be in Storey? Are all of them going to look like that?
Siddoway: Yeah. They are very similar to the one that's in Kleiner Park, just smaller.
Bird: Okay. Nice.
Hoaglun: And, Steve, there is no Council administrative fee, you know, when we
transfer these funds we get a percentage to spend elsewhere? Just -- okay.
De Weerd: Oh, brother.
Rountree: It's an interesting concept.
Bird: Yeah.
De Weerd: I think you could get a penalty fee for that. Councilman Zaremba.
Zaremba: Madam Mayor, I move we approve the budget amendment in the amount of
15,000 dollars for completion of the park dedication plaque project.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-F. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Steven.
Siddoway: Thank you.
Meridian City Council
October 1, 2013
Page 31 of 40
G. Parks & Recreation Department Report: Parks Code Update
De Weerd: Okay. Item 9-G.
Siddoway: 9-G is the -- the parks code update. Three weeks ago we were before you
and had brought the PowerPoint with -- together with Emily, so I did not bring a
PowerPoint tonight. We have provided you with the code for review at that time.
Tonight I will just give you an overview of the process and an update as to where things
are. So, we have been tracking issues over the past several years that we wanted to
make sure were addressed appropriately in the -- the code. To do that we have been
working with Emily Kane in legal extensively, Colin Moss and Officer Shawn Harper,
who are both here in the audience, have been instrumental in that process and they are
here to help answer any questions as needed. The Parks and Recreation Commission
reviewed the proposed parks code beginning in May of this year and recommended
approval of it, sending it forward to Council. The primary discussion points during those
commission meetings were regarding the penalties associated with violation of the
code. Originally it was proposed in that draft code that -- just a blanket statement that
any violation of the code would be a misdemeanor. We felt like that was too heavy of a
violation for many of the types of issues that we were talking about. We forwarded it to
the Police Department, had it reviewed by Officer Harper and other staff there, as well
as the prosecutor Terry Deardon, who provided detailed feedback and suggestions
back to the Legal Department and suggested different penalties that are more
appropriate for each regulation violation. Other modifications either suggest by the
commission or our liaison Councilman Zaremba, including the addition of a no hunting
section, which is Section E, as well as additional language in the fishing section to
address the requirement of a fishing license and applicable fish and game regulations.
A variety of other edits that were mostly clarifying in nature were also addressed.
Finally, two specific items -- sections I would like to point out. The first is that when we
were before you three weeks ago there was a specific request to address the no
smoking in the parks and the e-Cigarettes as part of that as well. That has been
addressed now as a new Section 13-2-6W on page 12 and that was requested so we
weren't relying solely on the existing generalized section of the code elsewhere in the
city code. So, that has been added to the version you have with you. The other one
felt like I wanted to point out is actually Section D under amplified sound and that is one
that we just -- we feel like we need to monitor that one just to make sure we have got
the decibel level right. We are using 62 decibels, which is in line with both our current
amplified sound permit and Boise's ordinance. Boise does allow specific exemptions to
theirs in certain parks up to 75 decibels at specific parks. We are currently not
proposing any exemptions to that 62 decibel level, but we have a sound meter and a
decimeter and we will be monitoring sound levels during concerts and see if we think
that there is any need to provide for any changes or exceptions to that over time, but
right now we are just going with the 62 decibels as provided for in our amplified sound
permit. So, those were the two sections I wanted to point out and with that I will stand
for any questions. And we also have Colin and Officer Harper here as well.
Meridian City Council
October 1, 2013
Page 32 of 40
De Weerd: See, I think Officer Harper was really enjoying these meetings. That's why
he kept coming back. No?
Rountree: Yes.
De Weerd: Okay. Council, any questions?
Bird: I have none.
Rountree: No. You answered my question and I think that really helps to have one
place to look.
Siddoway: Okay. And we have addressed the way you --
Rountree: You bet.
Siddoway: -- wanted. Okay.
De Weerd: Anything further? Any questions?
Siddoway: So, this is on its first reading. It's up to Council whether you wish to -- to
pass it with suspension of rules or go on to second and third readings, so I will look to
Ted Baird for direction on that.
De Weerd: Yeah. Thank you, Mr. Attorney.
Baird: Madam Mayor, Members of the Council, I actually asked that same question
today and when we -- when we advertise it as a first reading we usually don't like to go
ahead and suspend the rules, unless there is some sort of an emergency. You certainly
have the option to see if anybody wants to discuss from the public tonight while you
have got the -- got the opportunity, but we would recommend if you want to collapse the
next two hearings, you can direct that for next week, but we would recommend no final
decision tonight.
Bird: I agree.
De Weerd: Okay. Steve, any rush on --
Siddoway: No. No rush.
De Weerd: Okay. Okay. Thank you.
Siddoway: Thank you.
H. Parks and Recreation Department: First Reading of ®rdinance
Mo. 13-1579: Parks and Recreation Code Update
Meridian City Council
October 1, 2013
Page 33 of 40
De Weerd: Madam Clerk, will you, please, read 13-1579, the ordinance for the Parks
and Recreation code by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1579, an
ordinance repealing and replacing Title 13, Chapter 2, regarding Parks and Recreation
regulations and providing an effective date.
De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone
who would like to hear it read in its entirety? You really don't. Okay. Council --
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Would a motion be appropriate to ask for the second and third reading to
happen at the same time next week?
Bird: We can do it next week.
De Weerd: We can -- we can post it for second and third reading and you can decide
next week if that's the motion you want to move forward with. Does that sound
reasonable?
Zaremba: Sure.
De Weerd: It does need to be posted as such. Okay. Okay. That's how we will, then,
include it on the agenda. Yes, Steve.
Siddoway: Madam Mayor -- and just for clarification in case it affects the timing at all --
think it's fine for next week. I will be out of town next week, but Mike Barton will be here
to represent the department, so as long as you're comfortable with that we will move
forward with next week.
De Weerd: Very comfortable with Mike and we love to give him a hard time anyway.
Thank you, Steve. And thank you Colin and Sergeant -- Sergeant Harper.
Item 10: Future Meeting °fopics
De Weerd: Under Item 10, Future Meeting Topics. Council, any items for future
agendas?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
October 1, 2013
Page 34 of 40
Zaremba: Just a question I have. We have -- we have talked and Public Works did a
lot of preparation for the irrigation system to be shut off -- shut off early and there was
discussion about how the public would receive using potable water for that and would it
impact our system and I wouldn't mind if we had a report on did that go well or did we
have any incidents?
De Weerd: Well, we appreciate the opportunity to bring this to Council next week. I do
know that the director would like to send a letter out in our utility billing to -- to give an
update to our community thank them for their diligence and to let them know that all is
well. But we can ask for an update next week at the workshop. We have our Public
Works Department doing their strategic plan update, so it's the perfect opportunity.
Zaremba: Thank you.
De Weerd: Okay. If there is nothing further, I guess, Caleb, I just would reiterate if we
can work with ACRD on the pedestrian element for the new cross-over section that
would be appreciated.
Item 11: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To
Consider and Advise Its Legal Representatives in Pending Litigation
De Weerd: So, Item 11 is an Executive Session. I would entertain a motion to adjourn
into Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (7:46 p.m. to 9:15 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Rountree: So moved.
Meridian City Council
October 1, 2013
Page 35 of 40
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 12: Moved from Item 8E: Three Party Agreement with the City of
Meridian, LC Inc., and Meridian Heights Water & Sewer ®istrict
De Weerd: Okay. So, 11-E --
Hoaglun: Well -- or 12.
Bird: Twelve.
De Weerd: Well, I kind of had it -- okay.
Bird: 11-D?
De Weerd: Yeah. So, we did move from 8-E this agenda item to the end of our
agenda, so we will have Tom make comment.
Barry: Thank you, Madam Mayor, Members of the Council. As you know, we
introduced this subject a couple weeks ago regarding the draft agreement of the -- of
the three parties, including the City of Meridian, the Meridian Heights Water and Sewer
District and Mr. Centers, to discuss the viability of the city providing services to the
Meridian Heights Water and Sewer District, as well as other adjacent properties and --
and moving to a prospect that would consider extension of those services and also
annexation and so on and so forth. This agreement has been long time coming and it's
gone through multiple revisions and I'm pleased to report that, essentially, the document
is in its final form and sharing that with you and entering it into tonight we will date and
time stamp it. I do have representatives here from the other parties, both Mr. Centers is
here, as well as the board president for the Meridian Heights Water and Sewer District
and at your pleasure you can ask them for any clarifications or opinions about the
agreement, but, essentially, staff has reviewed the agreement and feels good about the
agreement with some minor changes that we are recommending to you for
consideration. I will let you know that the agreement itself had a lot of fingerprints on it
and so -- and we are coming down to the wire, for that matter. We do need to execute
this agreement this week in order for us to meet the other time sensitive critical path
elements associated with this particular project. Moreover, the ballots will be coming
out this Friday for the district patrons to consider the dissolution as contemplated in this
agreement and, in addition, the city's annexation process requires some notification that
are also intended to go out this week. So, we would like to make sure that we have an
executed agreement prior to those activities taking place, which means that, essentially,
the critical path is such that October the 3rd, this Thursday, is the last possible day that
Meridian City Council
October 1, 2013
Page 36 of 40
we could really effect any kind of agreement here that would be meaningful with regard
to the overall success of this particular project. So, you do have the agreement and we
did make some recommendations -- recommended changes and our intent is to early
tomorrow execute on those if you so desire and transmit those changes over to the
district and Mr. Centers for their consideration. With that I will pause and ask if there is
any questions and leave it to you with what you would like to do next.
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would like to have both of the -- Meridian Sewer -- or Meridian Heights Water
and Sewer District and also Mr. Centers publicly endorse this final draft that was drafted
today at 9:00 o'clock.
De Weerd: Okay.
Rountree: To the extent possible.
De Weerd: To the extent possible. Thank you for being here this evening.
Hamilton: Madam Mayor and Members of the City Council, I'm Gordon Hamilton, I'm
the chairman of the Meridian Heights Water and Sewer District and to my understanding
this agreement is very close to the form that existed yesterday in terms of that. I think
all the elements are there. There is definitely some detail that we have been stumbling
over and to the extent that an agreement like this probably shouldn't be doing the final
engineering, I think we are there. So, we have a meeting of our board that we are
setting up for tomorrow evening and I expect that we will be able to accept the
agreement in its final form.
Bird: Thank you.
Hamilton: So -- do you have`any questions?
De Weerd: Thank you.
Bird: I have none.
De Weerd: Any questions at this point?
Rountree: No. I appreciate your comments.
Bird: Yeah. Thank you very much.
Meridian City Council
October 1, 2013
Page 37 of 40
De Weerd: Yes.
Hamilton: Okay. Thank you.
De Weerd: Thank you, Mr. Hamilton.
Centers: Madam Mayor and Councilmen, first my name is Lee Centers and I'm not a
real good public speaker. This has been a long haul and with a lot of effort by Mr. Tom
Barry and a lot of people worked hard on this. So, hopefully we are there.
De Weerd: So, in terms of what you saw this evening and working with Mr. Hamilton
and Mr. Barry you're --
Centers: I believe --
De Weerd: -- comfortable with --
Centers: Yes.
De Weerd: -- what is in front of Council?
Centers: Yes.
De Weerd: Okay. Okay. Council, any questions?
Bird: I have none.
De Weerd: Okay.
Zaremba: Thank you.
De Weerd: Thank you for being here. Okay.
Rountree: Becky is here. Does she have anything to say?
De Weerd: She always has something to say.
McKay: .Becky McKay. I would just like to thank Tom and everybody else for working
on this. This has been the hardest thing I have ever encountered and I'm convinced
that if they put Tom in charge of the Middle East issues he could solve the whole thing.
Bird: He's going to want raises now.
McKay: This is like the hardest --
De Weerd: Is that Tom Barry for president?
Meridian City Council
October 1, 2013
Page 38 of 40
McKay: Yes. Yes. Basically. This was like being on a sinking
enough life boats and Tom kept everybody -- people kept trying
and save themselves. Tom got everybody back on the boat and
and we bail out the water we will all make it to shore instea
deserves a lot of credit for this and I'd like to thank him and like
how hard he worked. Thank you.
Bird: Thank you very much.
ship and there weren't
to jump into a life boat
said if we fix the holes
d of just a few and he
Council to be aware of
De Weerd: And, Tom, you can get a City of Meridian cup for this one. I'm feeling
generous tonight.
Rountree: And that silver plate.
Bird: He's going to want a bigger office to get his head in now.
De Weerd: Okay. Council.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: First off I, too, would like to thank Tom and our legal staff and the other
parties to hopefully this soon to be completed agreement -- the time and effort and
energy -- I think we all want it to happen. We all have various reasons it might be hard
to move forward, but I think we all have really good reasons to move forward. I will see
if I can decipher out of these notes a motion. So, I'm going to move to conditionally
approve the three party agreement between the city and Meridian Heights Water and
Sewer District and Lee Centers and/or LC, and authorize the Mayor to sign the
agreement once the following conditions are met: Inclusion of minor clarifications as
directed to staff and with those clarifications provided to both the sewer and water
district and Lee Centers. Condition two. Pending an affirmative vote -- and those would
be provided to them by tomorrow at 2:00 p.m. -- October 2nd at 2:00 p.m. Number two.
Pending an affirmative vote and signed and executed agreement by the district by
Thursday, October 3rd, with a signed copy of the agreement submitted to the City Clerk
by 10:00 a.m. on October 4th. The third condition is that same condition for Lee
Centers, LLC, that it be signed and presented to the City Clerk -- be signed by October
3rd, presented to the City Clerk by 9:00 a.m. on October 4th. That the verification of all
of -- of the staff -- and none of us have seen all the exhibits, so that's a concern. And to
be -- final condition is to be ratified by the city at the October 8th meeting, provided all
conditions are met. And I make these conditions, because we haven't had an
opportunity to completely go through this, having just seen it, and we have already
come up with some -- some minor editorials, but I don't think any significant changes in
the document at this point for consideration. So, that's my motion --
Meridian City Council
October 1, 2013
Page 39 of 40
Bird: I will second it.
Rountree: -- Madam Mayor.
De Weerd: Okay. I have a motion and a second. Any discussion, questions?
Hoaglun: Madam Mayor, just to clarify. Would Councilman Rountree -- I understood
his motion, but it was city -- City Council clarifications to staff.
Rountree: Yes.
Hoaglun: Those were the clarifications we are making to staff. So, with our
clarifications, what we discussed with staff earlier on -- on the old draft, before we got
this draft. So, there is some things that we will have to work through to -- because
these things have changed, but, again, they were minor in nature and just kind of
clarified some things that we didn't know who or what or different things like that, so we
just -- I think it will be fine for everybody, so -- with that clarification, Madam Mayor --
De Weerd: Okay. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. So, we will have this back on our agenda next week to ratify and we
wish Mr. Hamilton good luck tomorrow night and we look forward to maybe having a
signing party after next week's Council meeting. Okay.
Zaremba: Madam Mayor, just a reminder that our meeting next week is a workshop
that will start at 3:00 o'clock.
De Weerd: Yes. Okay. I would entertain a motion to adjourn.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:26 P.M.
Meridian City Council
October 1, 2013
Page 40 of 40
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
-w._....._ .
...........
MAY - Y` DE WEERD DATE APPROVED
c
ATTEST: