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HomeMy WebLinkAbout2015-07-14 E IDIANJ--- CITY COUNCIL WORKSHOP .,/c/(1 MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 14, 2015 at 3:00 PM 1. Roll-Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird 0 Genesis Milam X Luke Cavener Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Vacated from the Agenda 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (pg 2-3) A. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Emmelyn Redd's "The Performer" B. Professional Service Agreement for Artwork for Traffic Box Community Art Project: William Beaman's "I Love My Dog" C. Approval of Award of Bid and Agreement to Performance Systems, Inc. for the "ULTRAVIOLET DISINFECTION IMPROVEMENTS" Project for a Not-To- Exceed Amount of$2,299,172.00. D. Heritage Grove Subdivision No. 2 Waterline Easement E. Ventana Commons Subdivision Sanitary Sewer Easement F. Approval of Task Order 10519.B to Mountain Waterworks, Inc. for the "WRRF CENTRATE MODIFICATIONS — PRELIMINARY ENGINEERING REPORT" for a Not-To-Exceed amount of$61,680.00 G. Resolution No. 15-1076: A Resolution (VAC 15-007) for the Vacation of a Portion (4'X 24' area) of the 10-foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary of Lot 10, Block 3 Meridian City Council Meeting Agenda—Tuesday, July 14, 2015 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Platted with Staten Park Subdivision Located at 3056 N. Sunny Side Place in the NW 1/4 of Section 3, Township 3 North, Range 1 West Boise Meridian, City of Meridian, Ada County, Idaho. H. Professional Services Agreement with The Swirl for Musical Talent for Concerts on Broadway for a Not-to-Exceed Amount of$100.00 6. Community Items/Presentations (pg 3-9) A. Public Works: Public Works Week Debrief and Check Presentation 7. Items Moved From Consent Agenda (pg 9-14) A. Item 5C Moved: Approval of Award of Bid and Agreement to Performance Systems, Inc. for the "ULTRAVIOLET DISINFECTION IMPROVEMENTS" Project for a Not-To-Exceed Amount of $2,299,172.00 Approved in the Not- to-Exceed Amount of $1,289,423.27. This two year contract is to be funded over FY15 and FY16. $1,289,423.27 will be funded from FY2015 with the remaining $1,009,748.73 subject to the approval of the FY2016 budget. 8. Department Reports (pg 14-24) A. Police Department: Transfer of Assets to College of Western Idaho (Pg 14- 15) B. Resolution No. 15-1077: A Resolution Declaring Surplus Property and Authorizing the Donation of Certain Police Vehicles to the College of Western Idaho, Nampa, Idaho for the Enhancement of the Law Enforcement Program Approved (pg 15) C. Human Resources: Report from Mayor and City Council Compensation Committee (Pg 16-22) D. Building Division Report: Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices (pg 22-24) E. Ordinance No. ;i5-1652: Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices Approved F. Public Works: Safety Program Update (pg 24-32) G. Public Works: Design Standards Update (pg 32-33) H. Public Works: Water Rights Transfer Application (pg 33-38) Meridian City Council Meeting Agenda—Tuesday, July 14, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Public Works: Discussion of and Request Approval of Task Order 10601.A to Brown and Caldwell for the "WRRF CAPACITY EXPANSION — DESIGN 2015" Project for a Not-To-Exceed amount of$444,699.00 Approved (pg 38- J. City Council Liaison/Committee Updates (pg 42-45) 9. Ordinances A. Ordinance No. 15-1653: An Ordinance (AZ 15-003 Shelburne Subdivision) for the Annexation and Zoning of a Parcel of Land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at Pages 8783 through 8784, Official Records of Ada County Idaho, and the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 28 Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 30.205 acres of Land from RUT to the R-4 (Low Density Residential) Zoning District Approved (pg 45-4r 10. Future Meeting Topics 11. Executive Session Per Idaho State Code 74-206 (1)(c): To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 5:28 PM Out of Executive Session at 6:51 PM Adjourned at 6:51 PM Meridian City Council Meeting Agenda—Tuesday, July 14, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop July 14, 2015 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, July 14, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton and Luke Cavener. Members Absent: Genesis Milam. Others Present: Bill Nary, Jacy Jones, Kyle Radek, John Overton, Chris Amen, John McCormick, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba X _ Joe Borton X __ Charlie Rountree X_ Keith Bird __X___ Genesis Milam __X___ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Appreciate you joining us. For the record it's Tuesday, July 14th. It's 3:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited. ) Item 3: Community Invocation by - Vacated from the Agenda Item 4: Adoption of the Agenda De Weerd: Item No. 4 -- or 3 or whatever it is, is our adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 3 on the published agenda is going to be vacated. Item 5-C has been requested to move that to Item 7. Item 8-B, the resolution number is 15- 1077 and Item 8-E the ordinance number is 15-1652 and Item 9-A, the ordinance number is 15-1653. And with those additions, Madam Mayor, I move we approve the agenda. Bird: Second. Meridian City Council Workshop July 14, 2015 Page 2 of 47 De Weerd: I have a motion and a second to approve the agenda as amended. Can I just get a clarity. 5-C was requested to go to seven? Rountree: Seven. De Weerd: Okay. Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Emmelyn Redd's "The Performer" B. Professional Service Agreement for Artwork for Traffic Box Community Art Project: William Beaman's "I Love My Dog" C. Approval of Award of Bid and Agreement to Performance Systems, Inc. for the “ULTRAVIOLET DISINFECTION IMPROVEMENTS” Project for a Not-To- Exceed Amount of $2,299,172.00. Moved to Item 7 D. Heritage Grove Subdivision No. 2 Waterline Easement E. Ventana Commons Subdivision Sanitary Sewer Easement F. Approval of Task Order 10519.B to Mountain Waterworks, Inc. for the “WRRF CENTRATE MODIFICATIONS – PRELIMINARY ENGINEERING REPORT” for a Not-To-Exceed amount of $61,680.00 G. Resolution No. 15-1076: A Resolution (VAC 15-007) for the Vacation of a Portion (4’X 24’ area) of the 10-foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the East Boundary of Lot 10, Block 3 Platted with Staten Park Subdivision Located at 3056 N. Sunny Side Place in the NW ¼ of Section 3, Township 3 North, Range 1 West Boise Meridian, City of Meridian, Ada County, Idaho. Meridian City Council Workshop July 14, 2015 Page 3 of 47 H. Professional Services Agreement with The Swirl for Musical Talent for Concerts on Broadway for a Not-to- Exceed Amount of $100.00 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor, with the movement of Item 5-C to Item 7 and the additional resolution number, I move that we approve the Consent Agenda, authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Public Works: Public Works Week Debrief and Check Presentation De Weerd: Under 6-A is a Community Presentation and I will turn this over to Mr. Barry. Barry: Good evening, Madam Mayor -- or afternoon I should say -- and Members of the Council. It's my pleasure to be here before you and to summarize as we do every year after Public Works Week and give you some highlights of the week's activities, which comprised our seventh annual Public Works Week event this past spring. I have got with me Susie Deardorff. She was the chair of the Public Works Week committee and she is going to do the bulk of the presentation today. This is her first time in front of City Council, so, please, be kind to her. In any event, I wanted to go ahead and start with a little bit of information around the Public Works Week. Turn this on. As I mentioned before, this is the seventh annual Public Works Week event and these activities that accommodate or are associated, rather, with Public Works Week continue to grow and so does attendance, which we are pretty pleased about. Here we go. So, just as a reminder and maybe for folks who aren't really familiar with Public Works Week, there are several purposes behind Public Works Week. First is to call attention to the importance of the activities and Public Works events and infrastructure that go on in the community throughout the year. So, therefore, we want to raise the Meridian City Council Workshop July 14, 2015 Page 4 of 47 community's awareness of these particular activities, plans, programs, projects and services. We want to create team building opportunities between not just the members of the Public Works team, but also members in other facets of the city organization and outside of our organization as well, including public or private agencies, for example, ACHD, Nampa-Meridian Irrigation District, business partners, those who have contributed in kind and also donations and prizes for Public Works Week's activities and as well as community leaders from all across the Treasure Valley. We would like to also celebrate the accomplishments of our staff who have worked in partnership with our consulting and contracting partners to bring forward a number of improvements in the form of infrastructure or services and whatnot and so we want to bring all of this awareness to the members of the community to ultimately give -- or gain support for and understanding of the activities that we have going on in Public Works. And then, lastly, we also like to use this as an opportunity to collect some funds and, then, return those funds back to the community in the excess -- in the form of excess sponsorships. So, Public Works Week is a series of activities that have gone on -- would you mind advancing the slide. We have got problems here. There we go. So, before I get to those specific activities -- sorry about the slideshow here -- I want to recognize the members of the team that really make Public Works Week come alive. As I mentioned, Susie Deardorff, this was her first year as the Public Works committee chair. I think she did an outstanding job. Of course Kyle Radek has done it for years and years and years and those are, of course, very big shoes to fill and we appreciate all he has done. He remained on the committee as well. We also had a number of other staff, close to 16 or so here. Emily Skoro, Austin Petersen, David Allison, Garrick Nelson, Diana Russell, Laurelei McVey, Dean Stacey, Connie Moon, Doug Scofield, Carl Edgerton, Alex Freitag and David Miles. A lot of those names are new and what's exciting and really opportunistic about putting together Public Works Week is that a lot of new members of the Public Works Department are brought into and quickly learn about the activities of Public Works by getting involved in helping to plan the events for the Public Works Week activities. So, as you know this year we had a ribbon cutting. The Wastewater Resource Recovery Facility was pretty well attended. We had a lot of great feedback from that. A beautiful facility, which we appreciate your support and guidance on. Outstanding wastewater treatment facility. We had the proclamation read on Tuesday. On Wednesday we had the Expo, which was attended by more than a thousand people is the estimate, which is the largest attendance we have had since we started the Expo. Thursday of the week -- this was, again, the first week of June -- we had the Go With The Flow tour. This year the bus was full again and we had a waiting list. We appreciate Republic Services for sponsoring the bus and all of the lunches or dinners, rather, that went with that. Friday we had the golf scramble. We had about 78 players and about 18 teams, which was great. Raised a lot of money through that event. And, then, Saturday we had the Poop Scoot fun run. We had close to 150 participants and we raised almost 300 pounds of food for the Meridian Food Bank, which we will be donating. So, we are pretty excited about these activities. Attendance continues to grow. Interest continues to grow. And Meridian City Council Workshop July 14, 2015 Page 5 of 47 the feedback that we get from these activities continues to improve. So, to get to -- to talk about all the really fun stuff here, I'm going to turn it over to Susie, who will walk you through some of the highlights of the events and give you a couple snapshots of statistics and also some pictures of -- of the week's activities. So, Susie, ready? Here you go. Deardorff: Madam Mayor, Members of the Council, this year's theme was Community Begins Here. Public Works Week is a series of events that require participation from our consultant community in order to educate and inform our resident community. The merchant community -- over 40 organizations contributed via prizes, money, or in-kind donations. We had 13 sponsors who contributed money and ten additional consultant organizations participated in our golf scramble. Of those sponsors 12 were major sponsors who donated 200 dollars or more. In total the proceeds from the donations and all event participation garnered $8,942.73 in donations. Each year we budget 3,500 dollars in our Public Works advertising, promotional, and public education and budget for this event. That is equivalent to 1/10000ths Public Works total budget. That's a very minor cost compared to the huge benefit we gain. Some of those benefits are the invaluable education about the Public Works infrastructure and the services we provide. It also provides team building opportunities within the department and within the city staff. Provides relationship building with the community and because of the support and contributions from our consultants, we are able to provide community support. This year that support, after all expenses, amounts to $3,287.26, going to three different local causes. The Meridian Food Bank, the Parks Care to Share program and, then, Meridian CARES utility payment assistance program. We always request feedback from attendees at some of the events. At the Expo we had 119 events -- 119 responses, the highest ever we have received. Out of those 84 percent said that the event was excellent. The remaining six percent -- or 16 percent said it was good. The fan favorite at the Expo where the big trucks and the wastewater and water demos. At the tour we had 38 responses. That's over 73 percent of the attendees responded. Eighty-nine percent of those responses said it was excellent and 11 percent said it was good. In total we had no negative responses to all the events, because they are just awesome events. I'd like to read you some of the feedback that we received. This is from a city employee not from the Public Works Department, who emailed us. They said: I came to the Public Works Department for another fantastic, enormously successful Expo. Yesterday was fantastic. I heard many comments from parents saying they looked forward to bringing their families every year and many additional comments from first time attendees who were amazed by all there was to see and learn and do. All your months of planning and much work behind the scenes make it run like a well oiled machine year after year. We had a Facebook message regarding the tour. Kudos and thanks to the water and wastewater departments and for the great Go With The Flow tour. My husband and I had a great time and it was very evident that the employees were having just as much fun. Great night for all. We had an attendee on the tour send us an email. Meridian City Council Workshop July 14, 2015 Page 6 of 47 Congratulations on a most informative and engaging tour. I had anticipated that I would learn a lot, but I didn't expect that you would make the process so fun. Your preparation and attendance -- attention to making the tour as comfortable as possible was most impressive. The presentations and host at each site presented the technical information in language that the public could understand. Plus also fielded questions with patience and thoughtfulness. I am confident that others left like me with an increased appreciation for what you do and how the city serves its citizens. And, finally, a consultant posted on their blog about the events of the week. Our group had a great week visiting with the public -- City of Meridian during their seventh annual Public Works Week. It has been very exciting to see this event grow over the years. The week started with a ribbon cutting at the new Wastewater Resource Recovery Facility Administration Building and laboratory. Wednesday evening the city put together a very well attended Public Works Expo with food, music, and live demonstrations. Filling up water pipes, fire hydrant flow test, and many more and was followed by a 3K-5K fun run Saturday morning. We really enjoyed all of the events and the dedication of Meridian staff definitely showed. Thank you, Meridian, for another exciting week. We look forward to participating again next year. If you haven't joined us in previous Public Works activities, we encourage you to join us next year. But as we say a picture is worth a thousand words, so I have a few thousand words to show you. (Video played. ) Barry: Thank you very much and I have all the credit to Susie for putting that wonderful presentation together. You know, I recognized earlier the staff that were on the committee for Public Works Week, but to be quite frank with you, as great a job as they do, this event would not be possible without the entire all- hands-on-deck contribution of all the staff in the Public Works Department and so I am truly grateful for -- all of the staff in the department contributed and stepped up and spent hours planning and contributing their time and effort into making this probably one of the best Public Work Weeks we have had since the inception, so I'm very, very grateful to them and I appreciate them for being here as well tonight. We were proud to raise 277 pounds of food for the Meridian Food Bank, but in addition to that we also raised $2,191.51 of donations for the Meridian Food Bank that I'd like to go ahead and present to Dan Clark. I have asked him to be here. Mayor, if you wouldn't mind joining me, we could present this check. Susie, if you wouldn't mind. De Weerd: I think Susie -- I think your committee should be there. I didn't do anything. Barry: Well, you're much better looking than the rest of us, so -- De Weerd: Hardly. Meridian City Council Workshop July 14, 2015 Page 7 of 47 Barry: Yeah. So, if we have committee members, too, that would like to come up. We would like to go ahead and present Dan Clark, executive director of the Meridian Food Bank, you know that we have been a strong supporter for the food bank for years and years. It's our pleasure to be able to present to you tonight this check. Come on up you guys. There you go. So, Dan, thank you on behalf of the entire Public Works Department and Public Works Week committee, which is -- you're being joined here by, 2,191 dollars and some change raised for the Meridian Food Bank. We are very, very pleased for your participation. You had a number of staff that came out as well and ran the Poop Scoot and -- right? Thank you. Great. Thank you all very, very much. Just two other announcements. This year we were able to support two other charities, if you will, that we were wanting to just inform you of the dollar amounts. We chose also to support the Care to Share program with a donation or $438.30. This is the parks activity scholarship program, which is, essentially, all but exhausted. So, we felt that there was an opportunity for us to divert some of the proceeds that we had from Public Works Week into this particular donation bank. I have been told by the Parks Department that that donation that I just mentioned will have an impact on up to -- be able to send up to 22 kids to a full day of camp this summer or, alternatively, up to 44 kids to help them enroll in some sort of park activity and help offset the fees. So, we are pretty pleased about that. Lastly, we also supported the Meridian Care program. This is not widely known, but this is our utility building Care program that we partner with El-Ada on to help low income families be able to pay for up to a 125 dollars per year their utility bill to help offset some of the -- some of the costs of their utility bill. So, we will be donating that back into the -- that particular fund and that amount is $657.45. So, we are pretty pleased with the week's events and also the partnerships that we were able to forge and very much appreciate certainly your support and definitely the support of our business community and our engineering and consulting partners who make this, along with our staff, an exciting and fun event for the community. So, we will stand for any questions that you might have. De Weerd: Tom, I think it would be nice if you could share your PowerPoint presentation with your sponsors to let them know the community that they have touched in terms of raising the awareness of what Public Works does. We know that you're one of the best kept secrets and we appreciate that, because usually when people realize there is Public Works it's not a good story and so I think it would be really helpful for them to know not only the community outreach piece of this, but the -- the benefactors of their sponsors with the three different charities that you mentioned and I also might mention, too, Council Members that were at the Association of Idaho Cities conference did hear this, but the Public Works Week was mentioned in a presentation that gave kudos to what Meridian was doing in terms of Public Works Week and providing transparency, community outreach, and a model of communication as to what Public Works really does do and the importance it has in a community. So, that was a big kudos to you and your team for what you do and I had several cities come up to Meridian City Council Workshop July 14, 2015 Page 8 of 47 me afterwards and I asked what it all entailed and so you are setting the bar for other communities as well. Barry: Thank you, Mayor. And I appreciate the suggestions. We will try to include the presentation and our thank you letters to the sponsors as well. Great idea. De Weerd: Thank you. Any questions from Council? Cavener: Madam Mayor? Just one. Susie, Tom, great presentation. Very fitting of a great Public Works Week. I just was curious, is Meridian the only municipality in the state that does something like this or are there other communities across the state that are replicating what we are doing? Barry: That's a great question. I'm not familiar with any other public works organization that is participating and certainly not any to the event -- or to the extent that we are. I know that Lewiston is an accredited American Public Works Association agency, but I don't know if they have embraced Public Works Week. So, that might be an outlier that I'm not familiar with, but the colleagues that I am members with on the Association of Idaho Public Works Professionals have never spoken up or alluded to the fact that they have events like this going on. I know that Nampa is looking and has been for some time into starting a Public Works Week and Boise seems to have been interested as well, but I'm not aware of any other public works agency doing what we are. Cavener: Thank you. De Weerd: Well, as I -- as we continue to see the grain of the workforce in terms of trying to get excitement among the kids in terms of what it is and it could be a future career, I hope that we are building the possibility of a workforce that someday we will need. Barry: Yeah. Definitely. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Tom, the outreach and transparency that the Mayor mentioned is fantastic. It's just such an obvious benefit and to the point of other communities asking perhaps how they might be able to replicate it themselves, could you -- if you haven't done it already, can you compile the amount of staff time expended to provide this great event? I know it's probably quite substantial, but just to get our head around really what it does take if somebody else wanted to put on something like this and lets us know, you know, the magnitude of work that's been provided to provide this benefit. Meridian City Council Workshop July 14, 2015 Page 9 of 47 Barry: You bet. I'm not sure that I can pull accurate numbers this year, since we didn't necessarily keep them. It's just something that churns in addition to our other assignments that go on, you know, throughout the month leading up to the Public Works Week activities. You know, we start these planning activities back in January. So, you know, it starts with simple meetings and we have developed, as you might imagine, some SOPs and a lot of documentation in around how to put the event on, so that when other people step into the role of chair or into a certain subcommittee, like the tour subcommittee or whatnot, that they know kind of generally what they need to do, where they need to outreach to so we have kind of streamlined and made more efficient the planning and not to suggest that it doesn't take an enormous amount of time to put together. But that's something that we could look to next year and perhaps trying to track hours in a little bit more precise way, other than just rough estimates that we, you know -- I don't know that we have any kind of certainty around at this point. Borton: And -- Madam Mayor? And a rough estimate is really all I'm looking for, not necessarily right now, but you can send that out after this meeting -- Barry: Sure. Borton: -- to kind of guesstimate as best you can. Barry: You bet. Borton: Just gives us a ballpark figure to appreciate how much work goes into it. Barry: Yeah. You bet. Sounds good. De Weerd: Okay. Again, thanks to the team. I think the efforts that you put into this multiplies over and over and over again among the customers and one thing I hear time and time again is the pride that our employees take in our facilities and maintaining the community assets and just pride in your work. So, your behind the scenes for the most part. This gives people a glance into what you do and the kind of employees that we have. So, thanks again. Barry: Thank you, Mayor. Thank you all. Borton: Thanks. Item 7: Items Moved From Consent Agenda A. Approval of Award of Bid and Agreement to Performance Systems, Inc. for the “ULTRAVIOLET DISINFECTION IMPROVEMENTS” Project for a Not-To- Exceed Amount of $2,299,172.00 Meridian City Council Workshop July 14, 2015 Page 10 of 47 De Weerd: Okay. Items moved from the Consent Agenda was 5-C and -- Bird: I have got a question on this, where as coming through on the Consent Agenda we are asked to award a contract for 2.3 million dollars and we only have 1.3 million in the budget to cover it at this time and get the rest of it in the FY-16. I -- to my knowledge we have never done that. Most of the time we would have had it put in, but I know we went past it with the budget amendment and I have a hard time voting for something, ask my Mayor to sign, to stick our neck on the line if we don't have the money to cover it. I realize that it's probably ninety-nine and nine-tenths percent sure that it will be in the FY-16 budget, but by the same token right now you don't have 2.3 million to cover this contract that you want us -- you want us to approve it so the Mayor can sign. So, that's a problem for me. I will let anybody else speak. De Weerd: Well, maybe we could ask first for an overview. Stewart: Yes. Thank you. Madam Mayor, Members of the Council, this is really fairly simple. We actually do in -- especially this time of year when we have major contracts that are going to bridge two or three -- sometimes three different years, we actually do have contracts where we -- we don't actually contract for the whole thing, the contract is written up that way, but there is a clause in the contract that says you're only authorized to do work up to the amount that we currently have in the budget and that the remainder of the work is contingent upon Council approval for the budget for the next year. That's been done multiple times, so this is not the first time that has been done and that is exactly the kind of language that is in this contract. So, the contract is written up, because we have an amount of money that we can allow them to get started on the project and the contract only authorizes them to do work up to the amount that we have in this year's contract. They have milestones that basically stop them at a point where it will pause and -- if they get there early and it will pause and, then, the -- if the budget is approved for the following year they will be able to continue. So, we are not asking you to approve the dollars for next year, they are in next year's budget, only to contract which specifically states that they are only authorized to spend up to the amount of money that we have this year in the budget. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Okay. And what -- why are we advertising on the agenda the full amount and not -- and running it through -- well, that's our fault for running it through on the Consent and this not being explained for the deal. I guess if it's been done before that way I suppose it's happened, it's just going through and we haven't questioned it, so -- Meridian City Council Workshop July 14, 2015 Page 11 of 47 Stewart: When we -- excuse me. Madam Mayor, Members of the Council, when we went to the just-in-time financing model a few years ago we knew that this was going to be the case, that we would have situations where contracts would span across yearly boundaries and because we were only authorizing expenses for that particular year that we would have this situation that would arise and we worked with Finance and Keith has worked hand in glove with us to find a solution to that and that solution was to write this type of contract, so that we could bid the work out, get the contractor started on the work, but insure that we were not authorizing them to do work that we hadn't had budgetary approval for. So, this is the -- the mechanism that allows us to do that on these major multiple year projects. And, like I say, it's been -- it has been done on a few occasions. We don't -- we try and avoid it if we can, just because it makes things simpler, but when you get these large projects that cross sometimes one or two or even three years, you have to find a way to write those contracts, but insure that they don't spend more than we have authorized to do. De Weerd: Well -- and, Warren, I see that it's in the packet that's provided to Council, but if it could be a little bit clearer in the summary sheet, that might have -- have helped. I know Emily put it on here that it's a two year -- a two year project. I can't find it. I know I just saw it. But, you know, if that could be a little bit more towards the top in the middle form, so maybe we could have posted it a little bit differently on the agenda. Stewart: Certainly. De Weerd: So, you know, for clarity on this, this is a two year project. Currently there is just the 1.289 and et cetera -- yeah, but -- and that's what you would be authorizing for this year and the following year is in the budget request to make up the remainder. Stewart: Correct. Zaremba: Madam Mayor? De Weerd: And many of the Public Works projects are funded over a series of years and -- Mr. Zaremba. Zaremba: I didn't realize you had more to say. I'm sorry. De Weerd: That's okay. Zaremba: I'm ready to make a motion. De Weerd: I will shut up. Zaremba: If we are ready for a motion I'm ready to make it. Meridian City Council Workshop July 14, 2015 Page 12 of 47 Borton: Madam Mayor, before that real quick. De Weerd: Mr. Borton. Borton: Where is -- for this and maybe future reference, where is that clause found in these contracts now specifically? Yeah. Maybe Keith knows. De Weerd: In the contract. Borton: I'm looking at it. De Weerd: Okay. Nary: Section 3. Borton: You will point it out quicker. Nary: Section 3. Madam Mayor, Members of the Council, it's in Section 3 of the contract. Watts: Yeah. We -- just for your information, when we do these projects like this, we actually -- at our pre-bid meeting we let all the contractors know that this project is being funded in two years and there is only X amount of dollars that -- we give them the number that is stated that's available for this fiscal year and no guarantee of next fiscal year. The budget could be put on hold. That's the method. When you do just-in-time financing that's the only way you can move forward with these projects. So, the contractor knows about it at the pre-bid meeting. They are aware of it when we write the contract and I have worked with Ted and Bill who have come up with that funding language to put in the agreement. De Weerd: It's on page two of the contract. Borton: That's -- that's the only reference? Watts: That's it. Borton: All right. Watts: And it's in the bid documents when we go out to bid. Borton: Okay. Bird: Madam Mayor? Meridian City Council Workshop July 14, 2015 Page 13 of 47 Rountree: Madam Mayor? Bird: Oh. Go ahead. De Weerd: Mr. Bird. Rountree: It seems to me the motion on this particular item needs to clarify that issue. We cannot approve that amount of money not to be exceeded this year with this motion, but the motion can break it out that we approve the amount for this year, with the understanding that the remainder in total up to the amount can be taken care of if and when it's approved for the next fiscal year's budget, but I think -- however, the motion needs to recognize that we are not approving -- Watts: The full dollar amount. Rountree: Which is, essentially, what this item says and we can't do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That was -- that was my big point is when you put it on the Consent without the money we are approving two point -- basically 2.3 million dollars for this job right now. De Weerd: And I hope that was -- that was my point is when we put it in the agenda that we pull the amount we are asking you to approve. Okay. Mr. Zaremba. Zaremba: Madam Mayor, I will try and incorporate that thought. That was my plan. I move we approve the award of bid and agreement to Performance Systems, Inc., for the ultraviolet disinfectant -- disinfection improvements project for a not to exceed amount, over this current year and next year of 2,299,172 dollars and no cents, with the acknowledgement that a portion of -- approximately a million dollars of that is in next year's budget, subject to approval for -- for next year's budget and authorize the Mayor to sign and the Clerk to attest. De Weerd: Thank you. I have a motion. Do I have a second? Cavener: I will second it. De Weerd: Thank you. Any discussion? Madam Clerk, will you call roll. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop July 14, 2015 Page 14 of 47 Rountree: I think the intent's there, but it's not very clear to me. We still are approving 2.2 million with that motion. I think we approve 1,289,423.27 and recognize that the remainder of the contract of 2.299 will be under consideration in the 2016 budget. De Weerd: I -- that's what I heard from that motion, but -- Zaremba: That may have been a clearer way to say it than I said it. I'm happy with that amendment if -- De Weerd: Does second degree? Cavener: Second would gladly agree. De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Department Reports A. Police Department: Transfer of Assets to College of Western Idaho De Weerd: Under 8-A we have a Department Report from our Police Department and I will turn this over to Lieutenant Overton. Overton: Madam Mayor, Members of Council, you should have in front of you the asset disposal forms for three of our police vehicles that were marked for disposal this year. The intent here is instead of going our normal route of disposing of those vehicles, to donate them to the College of Western Idaho law enforcement program. I will say, though, all these vehicles, when they hit the one hundred thousand mile mark -- and that's only part of the story as you know with a police vehicle -- most of the training uses the College of Western Idaho plans to use these for, the vehicles will not actually be moving, which we did suggest as probably the best way to use these vehicles at this point. We are developing a very strong partnership with the College of Western Idaho. The person running their training program for law enforcement section is the retired police chief from Nampa PD Leroy Forsman and we have had a relationship with him for 20 plus years and continue to look at ways that we are going to partner and have plans we will be bringing forward later as we open the public safety Meridian City Council Workshop July 14, 2015 Page 15 of 47 training center on things we are going to do with them in the future as well. So, with that this is to donate those three cars to their program for their students in the law enforcement program and with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Will the normal process of decommissioning the vehicles with removing of all the reference to police and Meridian and all that stuff take place so that they are going to go over there without the radios, et cetera? Overton: That's correct. We will use every piece of equipment that we can and we never let anything get away with the name Meridian on it when we get rid of them. Rountree: Cool. B. Resolution No. 15-1077: A Resolution Declaring Surplus Property and Authorizing the Donation of Certain Police Vehicles to the College of Western Idaho, Nampa, Idaho for the Enhancement of the Law Enforcement Program De Weerd: Okay. Any further questions? Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how Genesis isn't here, I move we approve Resolution No. 15- 1077, declaring surplus property and authorize the donation of police vehicles to College of Western Idaho. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Workshop July 14, 2015 Page 16 of 47 C. Human Resources: Report from Mayor and City Council Compensation Committee De Weerd: Item No. 8-C is under our HR Department and I will turn this to Patty. Perkins: Good afternoon, Madam Mayor and Members of Council. Thank you. You have before you I believe a memo written by Mr. Nary and myself. Actually, I didn't write it, but he -- my name is on it also -- to talk about compensation for elected officials. As you are aware we need to set the compensation for elected officials each -- Borton: No memo. Perkins: There is no memo? Bird: We don't have it. Nary: I don't know why, Madam Mayor, Members of the Council. We had a memo that I submitted and I don't know where it went, but I noticed just now that it's not in your package. So, I will go make copies and hand that out to you as well. Perkins: Okay. I will go through a little bit more details on the memo then. Sorry. We are going to talk about your money. Bird: That's not only smart, but I thought I could -- Perkins: I apologize. I thought it was in your packets. Anyway, as you -- as you are aware, we are to set the compensation each election year for the next two years and we did so at your direction with a committee. Two of those members are in the audience and I want to thank the members of the committee. We had Rob McCarvel from United Heritage and current chairman of the Meridian Chamber of Commerce. David Ballard, a member of the Meridian Traffic Commission. We had a citizen Thomas Sauer and Brad Hoaglan, obviously, a former City Council Member, and Matt Stoll, the current Parks and Recreation Commission chair as part of our committee. Bill Nary and myself attended. We met twice and we went over a good deal of detail and information in preparation for this recommendation I want you to know. We reviewed a report from the Association of Idaho Cities that gathered the pay and benefit information from most of this city members and we compared through some other analysis and data surveys some targeted cities' compensation and benefit information. We got -- gathered some information on city manager and administrator salaries. We looked at just the -- the pay and benefit philosophy and what -- what the recommendation is for the employees and used all of that information to have a very rich conversation about how we should proceed with -- with compensation Meridian City Council Workshop July 14, 2015 Page 17 of 47 for the elected officials, realizing that -- that setting for officials that we may not yet know, but when considering the growth in the city and how it continues -- considering the community needs and how that will clearly translate to even more work on behalf of the elected officials, felt that that was very much in -- something that we should consider in identifying the future compensation for you all. After due consideration the committee makes the following recommendation to the City Council for the elected officials compensation for 2016 and 2017. First there are six bullets that I will read. The Mayor and the City Council's compensation for salaries be increased up to five percent per year for the next two years and that would, then, increase the Mayor's salary up to 86,625 in 2016 and, then, up to 90,956 in 2017 and that would increase the Council Member salaries to 10,500 in 2016 and, then, up to 11,025 in 2017 and the Council President should receive an additional ten percent above the Council Members' salary while serving in that position and that the Council President would, then, receive up to 11,550 in 2016 and up to 12,100 in 2017. Pardon me. Elected officials shall still continue to receive benefits in the same amount that they currently receive and the recommendation of the committee was unanimous and I will turn this over to Mr. Nary for the next procedural instruction. Nary: So, Madam Mayor, Members of the Council, so what we would be seeking to you -- and I don't know if Mrs. Perkins also mentioned, we do have two members of the committee here as well. So, the -- the next part of the process is we just need direction from you. There is two ordinances that have to be amended if you choose to do so. One is the compensation for the Mayor and the other is compensation for Council Members. We need to bring those in -- this will also be part of the budget -- included as part of the budget if you direct that next week. But, then, ultimately, we will bring an ordinance back in front of you to amend those two code sections to reflect whatever direction you have from the committee's recommendation. De Weerd: This is the first I have seen of this, so I'm not sure I can put my head around it. So, part of the discussion -- you know, I hesitate to give the Mayor or City Council Members more than what we are willing to give to our employees and so I guess was that a discussion? If I could get a little context behind that. Perkins: Actually, there was some discussion around that and -- pardon me -- I did tell them that I had recommended a three percent merit pool and they felt that given that information and based on the performance of the Mayor and Council, that they would take that as a baseline and rate you as essentially superior in your role. That's my wording. But considering the amount of work and the really success of the city and they felt that they -- that even on a merit bases that they would increase that to five percent and that's why they said up to, but that was part of the discussion. Nary: Madam Mayor, if I could also add onto that. Part of the discussion by the committee was not just the past performance, which they recognized. I think like Meridian City Council Workshop July 14, 2015 Page 18 of 47 Mrs. Perkins just said that it was superior, but also they recognize going forward over the next two years, since we can't adjust compensation except for during the election cycle, that they anticipated that the city will only grow and continue to grow, so the work and demands of the public of the elected officials of our community are only going to increase and the time necessary to perform these jobs, both for Mayor and Council, will only get to be larger and more engaged. So, they anticipated the future that it would be more than it is today. They have also recognized in the past that the work that's been to this point has also been outstanding. So, that really was the reason the committee had chosen that up to number was based on what was provided to employees, as well as what they believe their recommendation on the performance that's occurred so far. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Granted it is an election year, but I'm at least one individual up here that's not particularly concerned about that. With respect to the recommendation, first, I appreciate the committee's effort and the previous committee's efforts to look at compensation for the elected officials. In my mind the recognition that was just stated is -- is sufficient for me and I have said it in the past and I will continue to say it, that I'm not here for the pay. If I was I wouldn't be here. It pays for gas and other sundries and that's about it, by the time taxes and Social Security and everything else comes out, so -- and I say this in all honesty, I -- I appreciate the recognition. I would have the same concern if I were in a position to benefit from this, that we would be compensated greater than the employees. I think the employees are going to be asked to do more maybe with less in the budget years to come and possibly this budget year. So, though I appreciate the effort and I appreciate -- I really appreciate the recognition and to me, like I said, that's -- that's sufficient pay. I will go along with what the rest of the Council would like to do in terms of this recommendation, but my two cents is that if you do anything you ought to put yourself in the same shoes as the employees and/or something less. Let's set an example of what we're preaching, as opposed to what we are anticipating. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I thank you guys on the committee. I appreciate the thought of -- of being -- us doing a great job and I believe we do. That we do. I have no problem with raising the Mayor's, but I -- I'm the same as Councilman Rountree, if we get any -- if we get any raise at all it can't be more than our employees. You know, we get -- we get the benefit package and that stuff, which is very nice for -- for all of us, but I just -- I just don't feel right now that councilmen should take a greater raise than what the employees do, but I thank you guys for everything you did, Meridian City Council Workshop July 14, 2015 Page 19 of 47 the nice kind words you said and -- but right now -- I mean we could -- we got a week to think about it and it just hit us, but I -- in fact, this is about the first time I have agreed to even a raise, so -- I would not recommend anything over what the employees get. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would chime in also with my appreciation to the committee. The last several times this has come up the committee has recommended raises, both for the Mayor and for the Council and -- and I'm one of those that said, well, we are not doing this for the money, so a raise isn't important to me. I do believe, even in this case, the amount of time and effort that the Mayor puts in justifies this salary increase and I have even said at times that I thought the Mayor's salary ought to be a dollar per citizen according to the -- either the census or COMPASS's projections. So, I'm fully in favor of that raise. Two years ago we did vote in favor of the raise that was recommended and my thinking at that time was we needed to encourage some younger people to apply and campaign for this job and knowing family situations of younger people, although us three old farts didn't need to earn anything more, I have felt it was justified. But younger people who were building a career and dealing with their families needed to work towards a little more and particularly as more and more work happens and that will continue. I guess I am on the side of not raising the Council's fee again. Although I'm glad it will be looked at two years from now again. With the exception of -- I also have been in favor in the past of the Council President receiving a bonus. I don't know if that's the right word, but there is more work to what the President does than what the rest of us do. Two years ago when this was up, when Councilman Rountree was aware that he was going to be President, he declined having that raise made, but that job passes around every other year or so and I would -- I would say the two elements that I would be in favor of would be the Mayor's salary increase and the Council President's upgrade for the term that they are president. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: As the resident young fart of the group, I'm going to chime in for a moment. And to Councilman Rountree and Councilman Zaremba's points, when I decided to run it wasn't for the money and I don't think that the people that ultimately we would want representing our community are going to be ones that are going to choose this type of role not for the pay and I would have to say that I appreciate the superior rating and I think for those of us that run for office we find out our rating on election day and while we are appreciative of the compensation committee's recommendation, I would say I agree with -- with Council Zaremba in Meridian City Council Workshop July 14, 2015 Page 20 of 47 that I don't think that a change in pay at all for Council Members will spur people to want to run. It's going to be people that really care about this community that ultimately decide to put in the time and the change in pay I don't think I will bring anyone better than if we keep it the same. I have to say, though, I also agree with Councilman Zaremba's recommendation of increasing pay for Council President. There is an exorbitant amount of additional time put into that role and if there is a way we can monetize that extra time they put into it I'm all in favor of that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will ponder this memo in conjunction with next week's work and a more holistic look at the budget, but I am extremely sensitive to assignments like this that we task to a citizen committee and this is a high powered, intelligent crew, two of which are here. I have been on that committee before, so I know the work that you do and, you know, the reason in this context that committee provides great value is, you know, this group doesn't want to have conversations about compensation for ourselves, right, and we task independent folks to have that independent look. So, whatever the recommendation of that committee is I give great weight and we should be able to substantiate the basis for it, whether it's a raise or no raise and explain. One message I think they are sending clear that we should feel comfortable telling ourselves and anyone interested in running is it's a bigger city, it's a bigger project, and if you want to serve be prepared to roll up your sleeves and get down in the weeds and get to work. It's different than it was five, ten years ago. So, I don't necessarily have an opinion now one way or the other on this, other than I really appreciate the work that was done. I'm certain that they could substantiate and back up and explain in great detail why they came up with those particular recommendations from the Mayor's perspective, the Council President roll, and that Council as a whole. So, I'm sensitive to the same issues that Council has raised. It may not be worthy of changing anything at this point, but the committee has worked hard and they have given us some valuable, independent assessment that I will certainly want to consider. De Weerd: And I guess I will just wrap it up with the conversation we will continue at the budget hearing next week and give staff direction to bring back an ordinance. Would like to thank the committee and also I think we all kind of caught our breath when we heard you're feeling about the job we are doing. We appreciate that vote of confidence and I would like at -- two years ago when the committee brought discussion back to Council, I saw a window of opportunity, because we wanted to have some form of feedback from the committee in terms of the jobs that we are doing and areas for improvement and I'm very interested in that, if the committee would be willing to meet one more time and that I would be allowed to meet with them to get some of that feedback. We always strive to Meridian City Council Workshop July 14, 2015 Page 21 of 47 -- to look at where our opportunities for improvement are, where you think we are on the right path and where you see that we can always strive to do better. So, if the committee would consider an additional meeting, I would love to sit down with them and hear what they have to say. Perkins: I will arrange it. De Weerd: Okay. Perkins: Thank you. De Weerd: Thank you. Anything further from Council? Rountree: No. Thanks. De Weerd: And, again, thank you, Rob and we -- we appreciate your participation on -- not just this, but in all that you do. So, thank you so much. Okay. Our next item is Item 8-D -- and I guess I would -- I guess just to be courteous, I should ask if either David or Rob had anything that they wanted to add? David, thank you for being here today. Ballard: Madam Mayor, Members of the City Council, it was a robust discussion and it went back and forth and one thing, at least from my perspective, is Meridian has grown exponentially. Those are my terms. And from what I can tell it will continue to grow and while we recognize each member, we also had to think -- or from my perspective who will be in this role next year, the following year and it's like recruiting for a business, how do we get the best people that we can to do the job that we ask the Mayor to do and the City Council men and women and so you go -- there has to be an attraction, because we want to bring that talent, that passion to the city. So, that was part of my consideration and I struggled with the five percent, but I said in that light, to attract the talent, there should be compensation and at the same time I said there is a bit of checks and balance. Two years from now, if we don't like the job, we don't like the direction, there doesn't have to be a positive recommendation and so we were looking forward, not necessarily backward, and it wasn't a reward for past services, although there was some of that recognition, but it's looking forward. What do we do when the population doubles and the workload maybe triples. That was part of my thinking behind that recommendation and at your request to meet again to have a conversation, the sooner the better. When can we do it? So, anyway, I appreciate the opportunity and that was the explanation, what Bill presented and what Patty presented, extremely accurate and I sign off on it a hundred percent. If you have any questions further I would be happy to -- thank you for the opportunity. Bird: Thank you. Meridian City Council Workshop July 14, 2015 Page 22 of 47 De Weerd: Thank you. Rountree: Thank you, David. De Weerd: Okay. Rob, thank you again. I look forward to getting together with you. D. Building Division Report: Amendment of Temporary Use Standards for Subdivision Model Homes and Subdivision Real Estate Sales Offices De Weerd: Item 8-D is under our Building Division. Bjornson: Good afternoon, Madam Mayor, Members of the Council. Currently the city clerk's office receives and reviews temporary use applications from builders for the purpose of subdivision model homes and sales offices. Essentially, these temporary residential sales offices are used as showrooms and typically it's the garage that's being used. They will convert the garage, carpet it, use it for product display, walk buyers through, and sales agents will use it as a conference room. Essentially, the way we are currently, our current city code, Title 343, under Temporary Uses, specifies that these residential dwellings, which are temporarily used in this manner, shall meet -- shall meet all applicable standards -- any and all for commercial occupancies and I feel that at this time we have an opportunity to enhance our process, for clarity, consistency, simplicity and to reduced cost to the builders. The proposed amendment, essentially, is to modify the temp use standards to remove the language. It's just a simple removal of the language of the commercial that those residential garages shall meet a commercial code and, basically, put it back to Chapter 10 in the city code for building permits and assessment. I think striking out the commercial language, like I said, has benefits to staff, benefits to the building community, and simplifies and makes the process very transparent, visible, and keeps it in Chapter 10 of the building codes. Really, that's -- that's what I have for you in a nutshell. I'm willing to stand for any questions and I expect that we will bring this back to you in a formal meeting for -- for the readings. De Weerd: Okay. We do have a proposed ordinance in front of us that does address this and I would ask Council if you have any questions for Brent at this time. Mr. Bird. Bird: Madam Mayor, I just -- we are just legalizing what's being done; right? I mean I don't see any problem with that. De Weerd: We are updating our -- Bird: Updating our code to make what's being done, make it -- Meridian City Council Workshop July 14, 2015 Page 23 of 47 Bjornson: Yes, sir. That's exactly how I see this is housekeeping. There has been a lot of changes in planning and building over the years and that we are just getting the language current as you stated. Rountree: So, Madam Mayor, there are some additions in Sections 2 and 3 and 4. No. Just two and three. With respect to timing and the temporary use permit. Is that making them consistent with the TUP process? Bjornson: I'm sorry, that -- Rountree: Maybe that's a question for Bill. Nary: Madam Mayor, Members of the Council, I think what the intent of that particular provision was -- some of these can go on for a long period of time, these model homes. Rountree: Yeah. Nary: We want to make sure it's not indefinite and that the use doesn't change or it becomes a home without us having some ability to check back in. Rountree: Okay. Nary: So, that was the intent of that. Rountree: Okay. De Weerd: Any other questions from Council on this item? Do you want to take action for -- we will have -- we will have the reading of the ordinance and, then, I will ask you what you want to do. So, Madam Clerk, will you, please, read Ordinance 15-1652 by title only. Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian in Ada County, Idaho, amending the following provisions of Meridian City Code Section 3-4-3C1C regarding commercial occupancy standards for subdivision model homes, Section 3-4-3C1E regarding terminating use of a subdivision model home. Section 3-4-3C2E regarding terminating use of a subdivision real estate sales office. Section 3-4-3C2F regarding commercial occupancy standards for subdivision real estate sales offices. Adopting a savings clause and providing an effective date. De Weerd: You have heard this ordinance read. Would anyone like to hear it read in its entirety? Bird: Madam Mayor? Meridian City Council Workshop July 14, 2015 Page 24 of 47 De Weerd: Mr. Bird. Bird: Seeing how nobody wants to hear the whole thing, I move we approve Ordinance No. 15-1652 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-E. Any discussion by Council? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Works: Safety Program Update De Weerd: Item 8-F is under our Public Works Department and I will turn this over to Dale or John. Hi, John. McCormick: Madam Mayor, Members of the Council, good afternoon and thank you for inviting me here to talk about safety. It was three months ago in April at the workshop and we talked about the assessment of our safety program that was done by an outside consultant and we reviewed the findings of that assessment with you and also talked about the needs of the safety program and so in the course of that conversation we had a number of questions that came up and we answered some of them and some of them we had to go off and do a little bit more research and so that's what I'm here to do today is to update you on what we have done since then and so just to start with, as a refresher, we have a number of -- see if I can make this work. We have a number of guiding principles that we adhere to in administering our safety program. Whether it is resourced or not, we have a strong commitment to our employees to make sure that they come here to work and arrive home safely, so that we can make sure that there is no -- ever any serious harm done to them while they are at work or, for that matter, while they are not at work and so to -- to that end we want to invest in a good, safe environment and make sure that safety is a part of our culture and becomes a part of the fabric in which we work in. We also know that it is necessary in sustaining our operations. We cannot have a predictable sustainable and reliable operation base if we do not have people that work and working productively, particularly in sensitive areas. We also have a legal obligation to be safe in the workplace. We -- we have eight different agencies that we have to comply with to make sure that our safety program and our practices and policies and procedures meet those regulations and so that's a lot of consideration in managing a program like this. We found that in the Meridian City Council Workshop July 14, 2015 Page 25 of 47 assessment that our safety program was not adequate in certain areas. Here are the components of the program as it was determined in the assessment. The first two items here represent well over 70 percent of the total work that's done in the safety effort. First and foremost is the training and education that goes on. That's a significant portion all by itself, representing about 51 percent of the time available to do safety. The second are the inspections at job sites and the facilities themselves and also doing analysis of jobs to ensure that the safety requirements for those jobs are understood, known, and addressed. We do accident and near miss investigations, certification and recertification, which is an important part of this, particularly in those jobs that -- where certification is an important factor. Policy development and management assessing the programs effectiveness and, then, sustaining the investment that way we have already had -- that we have already made. Excuse me. And that sustaining investment is just in perpetuity. That's going forward on an ongoing basis and making sure our commitment remains strong and alive for safety. We have a lot of work to be done and first and foremost we have to resource the program. We cannot do this work just with the people that we have who are not dedicated -- who are committed, but they are not dedicated to safety. They are doing other things and to take that time away from their jobs to do safety things sometimes that can be integrated and other times to take them away from that would be productive on the other side of that issue. We need to complete the assessment work. We have got a little bit of work left to do in the area of risk management, accident investigation. It's mainly documentation more than anything. We have a lot of specialty training that has to be done. This is an annual commitment to make sure that those people who are working in potentially hazardous areas or dangerous areas, trenches and the roadway, excavation, confined spaces, that they are certified and trained to do that work safely. Facilities inspections, job site audits and the job safety analysis, those are big chunks of work that we -- we have none of that work to date this year. And, then, the safety program will always undergo and be affected by changes in regulation, changes in different policies and the jobs themselves and the operations, et cetera. So, the safety program manual will have to be kept up to date. One of the issues that we talked about was the approaches and should we use an outside consultant to provide our safety services. Should we use a shared kind of situation with other municipalities and should we hire our own dedicated and if we do that where are we going to get them from. So, we looked at the pros and cons of these three different scenarios and there -- there is good and bad associated with all of them in the sense that you either get some benefit or you have some cost associated with each of the scenarios. We found recently that talking to two service providers in this business that to do a part-time job amounts to about 780 hours a year, which is not even sufficient to do the training and education. That would cost in the neighborhood of 179,000 dollars. That's a hundred to a hundred and fifteen dollars an hour. So, that's a part-time resource. And, then, we are one of many of their customers, so we are not the only customer and we would be subject to, you know, some availability issues. They may not be available when we need them. The shared resource with other municipalities and, Madam Meridian City Council Workshop July 14, 2015 Page 26 of 47 Mayor, this is an issue that you had brought up and we explored that with both Boise and Nampa and we found that they might be interested in working with us in co-hosting training or something of that nature, but both of those cities have their own dedicated resources and wouldn't free up those resources to help us, but they would collaborate with us on events or something of that nature, which is a nice thing and it's a good -- could have some good benefits to us in some instances, but it doesn't get the job done. Then we also looked at hiring one full- time equivalent to meet the safety requirements. This is the -- the path that I would prefer to go down, because of the cost and also because of the -- the management control that you have over that resource to direct priorities, assign work, and things of that nature and the flexibility that you have to move that resource to the point of need or to the point of priority at anytime that you need to do that. So, that would amount to a cost of about 80,000 dollars -- 81,000 dollars. Anyway, the recommendation going forward -- and this is not for your action today -- it is to seek your support in getting approval for a budget enhancement to hire a full-time safety program coordinator and this enhancement has been submitted to Finance as part of your budget package, I believe at this point, and will be available for review at the July 21st budget workshop. So, with that I would stand for any questions. De Weerd: Thank you, John. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: You made a statement that the employees didn't have time to worry about safety. Well, I believe that any employee that's working for us better be worrying about safety. That should it be one of their primary concerns when they are working. They can do their job, but they can still also make sure that they're working in a safe environment. That's common sense. You stated that this is only going to be one guy. If this guy for 85,000 I don't think you're going to get a safety expert and you're going to be sending him on a monthly basis probably to schools to get updated and everything and do we have a safety manual at each location now, a safety manual that we follow? McCormick: Can I address -- Bird: Yeah. Go ahead. McCormick: Let's go back to the earlier point -- Bird: Yeah. McCormick: -- just so we can clear the record on that. I did not say that the employees aren't worried about safety. I didn't say that at all. I said that the Meridian City Council Workshop July 14, 2015 Page 27 of 47 employees are committed, but not dedicated to safety. That's not the job that we pay them to do and they -- we expect them to do it safely. We expect that to be -- job to be performed in a way that respects the policies and procedures associated with that, wearing proper equipment and that sort of thing. So, just to clarify that, Councilman Bird. Bird: I misunderstood you. McCormick: Just a correction on that. Bird: Their priority should be safety, too. McCormick: Absolutely. Bird: I mean -- McCormick: Yeah. Bird: -- if they are working in unsafe conditions they shouldn't be working for us. McCormick: I agree. Absolutely. I don't think anyone would disagree with you in that regard. And the second point, just to clarify, could you rephrase that for me? Bird: Yeah. At each location do we have a safety manual there with safety procedures and all the right, wrongs, and -- of safety? McCormick: Yeah. Bird: Do we have a manual there for -- if a worker wants to come in and look, he finds out what and every -- we have backup for every calking we use, any paint we use, tells what happens if you get it in your face or what this machine -- the electrical and stuff, do we have that all on file? McCormick: We absolutely do and it's even better than a book on the shelf, it's on the intranet, so they can access that where ever they are at, whether they are at their workstation, whether they are in the field, whatever they are doing, they can pull up the program -- the safety program and find out information. In these specific work areas there are also material safety data sheets that we have available, so the people can see any of the requirements around chemicals and things of that nature that they might be using in that particular area. Bird: And we got wash stations and everything in place. I know we do that, but --- McCormick: Yeah. Meridian City Council Workshop July 14, 2015 Page 28 of 47 Bird: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: John, a couple things. Can you jump back to your first slide that kind of went over everything that you have done. McCormick: Pardon me. Cavener: One more. McCormick: One more? Cavener: I guess maybe I mistook this. What you're saying is these are the components of the things that you need to do, not necessarily what has been done today? McCormick: These things have not been done to date. This fiscal year we haven't had a resource available. The prior year I think we spent about 1,562 hours of an outside consultant's time to do this work and not all of that was done. Most of the focus was on training and education and the two facility inspections, which we reviewed last time. Cavener: Okay. Madam Mayor, follow up? De Weerd: Uh-huh. Cavener: John, you had -- when you were running over the pros and cons an outside consultant versus a full-time employee you alluded to that if it was a consultant it would be in a part-time capacity, but yet your recommendation is for a full-time employee. Can you explain the -- the reason why recommending a full-time employee, if a consultant would only be used in a part-time capacity? McCormick: The consultant could be used in a full-time capacity if they were willing to do that. The ones that we talked to were not. They had -- they did not have the resources available and what you find is the consultants have a core staff that they work with and most of them do not subcontract work out. So, in other words, if they get more work they will either do the best job they can in providing a service level as agreed upon or they will turn away work or they will hire a part-time or full-time resource to do that work. The ones that we talked to have their own core business and they would give us in the neighborhood of 15 hours a week -- ten to fifteen hours a week of their time that would translate to about 780 hours at best for the course of the year, which is not adequate to do the job that we need done. Meridian City Council Workshop July 14, 2015 Page 29 of 47 Cavener: That's all my questions. Thank you. I appreciate it. De Weerd: So, John, you had mentioned both Nampa and Boise have their own programs. What is their staffing for those programs? McCormick: Boise has six people that are dedicated to safety. Of those six two of them are focused on Public Works and dedicated to delivering training, et cetera. The other resources are associated with risk management, workers comp, you know, the more administrative pieces of the safety program there. Nampa has one person that's dedicated to the whole city and its not adequate. We hire people from Nampa who are in our business in wastewater or water and they have never had training of any kind in safety. De Weerd: So, I just -- I had an invitation through one of my business contacts to -- to go and see what this business did with their safety program and I appreciated what you said that safety is not an event, it is a program, and just what their employees did in practicing the safety policies and the training they did and the programming, I can see why you need a more robust program that's specific to Public Works and to meet the needs of your employees, but you -- you -- I think infer that it may not be that full-time -- what would it do in addition -- what would this position do in addition to the training, the updating manuals, what do you envision to make it that full-time position? McCormick: Well -- so, a full-time position is 2,080 hours and those are not all productive hours, because you have got vacations, sick leave, and things of that nature that enter into it. So, what we figure are productive hours for a full-time person would be 1,862. We would expect 51 percent of that time, perhaps a little more in the front end, because we have got some catching up to do, we have got a backlog that hasn't been addressed and that work doesn't go away just because we don't do it. So, they -- for the first couple of years they are going to spend a lot of time training and, then, in -- in the times that they have available would be to do the inspections, which are pretty significant. I think you saw that from the information that we presented last time and that's not a static picture, you know, time marches on and processes are changed and new materials are brought into the workplace, new procedures are brought into the workplace, and it has to be addressed from a safety standpoint. So, that's a consideration. The job safety analysis we have not done a really effective job of that. That's going out to -- we have about 20 jobs in the department that are critical jobs where safety is concerned and we have not done an effective analysis of the work breakdown and what safety requirements are necessary for that. We do a ten hour OSHA which covers a lot of it. We do confined space and trench work and traffic control and things of that nature, which covers a lot of it, but there may be specialty. We don't do a lot with hazardous materials, for example, and so there is always those things going on and, then, there is the administrative work, like reporting out the progress that's being made in fixing some of the safety issues, Meridian City Council Workshop July 14, 2015 Page 30 of 47 the safety concerns, and the reporting out to OSHA for any near misses or any accidents, time loss, and that sort of thing. Fortunately, we have been very fortunate and very lucky not to have a serious problem there. De Weerd: So, just to follow up, the employer I visited is a very large employer and has multiple people that they were saying that it's difficult to recruit. So, with the different expertise and the training that you would need, do you think you can find that in one person and -- and would you be able to recruit for what you're projecting here? McCormick: Well -- and I mentioned last time I think when we talked about that, we haven't gone down this road before, so we don't know what we can find out there. We know one thing, we are not finding what we need in the -- in the search that we have done for outside consultants. So, I know from my own experience in the industry that these people are available. Whether or not we can get them for the salary that we are talking about he is yet to be seen. I don't know the answer to that until we go out and try. De Weerd: You mean your crystal ball is not working? McCormick: You know, it's off today for some reason. I don't know why. De Weerd: Any other questions from Council? Rountree: I have none. Zaremba: Madam Mayor? Cavener: Madam Mayor? De Weerd: Okay. This will be a discussion as part of the budget, but -- yes. Cavener: Two additional questions, John. There is a lot of things that need to be done. Can you, then, maybe just update us as to what has happened since then and what your plan is until your permanent solution is found? McCormick: Uh-huh. Actually, Dale, would you like to give a report on that part? I knew I brought him for a reason. Bolthouse: Thank you, Madam Mayor, Councilman Cavener. Some of the things that we have taken upon ourselves -- and I have Ryan Kurtz here joining us as well, is that we have actually gone and taken the time to develop a new hire orientation process, because that was considered one of our immediate risks and oversights that we no longer had when we lost our consulting relationship. So, we have developed that and now have delivered that to our new employees, so that we make sure that they are getting off on the right foot. Secondarily, we Meridian City Council Workshop July 14, 2015 Page 31 of 47 have gone through and made confirmation that all of our previous inspection items that were on the list have been taken care of and we are actually developing and creating a secondary list as we go around and continue to look for areas that may not have been caught or may have accumulated since those -- since those last inspections. We also are looking, then, to at least on a cursory basis look to the internet and we are delivering safety topics in some morning meetings and things of that nature just to keep the exposure out in front, but I assure you that our efforts are at best a band-aid to keep safety in the forefront of our associates and keep them thinking about the topic. But we -- as John mentioned, we have got a lot of work to do to really get us where we -- where we want to go and so those are just I guess a handful of the items that we have been doing. We are not sitting on our hands and just letting fate drive our -- you know, drive our effort, but it's very difficult for us to carve out the necessary time to really execute a good process. De Weerd: Any additional questions? Mr. Zaremba. Zaremba: Madam Mayor, it's not really a question, it's just a comment. As we know, many of the Public Works people work around machinery -- work around machinery and equipment that can reach out and grab them and tear an arm off if they are not being careful or fall into a vat of something unpleasant or have something spray on them and -- and I agree, it is each individual's responsibility to understand the safety procedures of their job responsibility and to know the manuals, but, on the other hand, it is not their responsibility to update the manuals or to you keep them going. To me that takes a dedicated person whose job it is to understand new safety thoughts in the community and to be providing the training and the updating to the manuals and I don't believe that can be a collateral duty. I think as you have expressed, that needs to be an assigned person whose job it is and we apparently have outgrown any of the consultants abilities to do that and I appreciate that you're taking a look at saying, okay, we need -- as we grow this is one more thing that we need to bring in house and have a specialist whose responsibility it is to provide that service. So, I appreciate the discussion and I'm in favor of it. McCormick: Thank you, Councilman Zaremba. I appreciate those comments of support and pretty spot on, too. I would like to, Madam Mayor, address the point about the full-time resource and the ability to attract that kind of a resource at the compensation level that we are at and to keep them busy and that sort of thing. We haven't had that resource before to my knowledge anyway and so there is a certain amount of R&D associated with moving this program forward. Whether or not we can find the right person immediately is I think probably going to be open to question. I think it's going to take us awhile to search and find the right person. But I know that those people are out there and I know that there are people that would love to work for the City of Meridian and we need them. So, we will keep them busy and that's as much as I can commit to at this point. It's a Meridian City Council Workshop July 14, 2015 Page 32 of 47 necessary resource or I wouldn't be asking for it. So, I thank you very much for your time and your support and we will talk more on that next week I guess. De Weerd: Thank you, John. Again, any further questions from Council? Rountree: I have none. De Weerd: Thank you. McCormick: Thank you. G. Public Works: Design Standards Update De Weerd: Item 8-G is also in the Public Works and, Warren, I think you're the tag team on this one. Stewart: Thank you, Madam Mayer, Members of the Council. Some time ago you will recall that we came and had some discussion with the City Council in conjunction with actually some of the development community talking about the fact that we were working on putting together some design standards or some design guidelines that will help consulting engineers who are doing work for developers to submit plans to the city that are in harmony with our desires and will also help improve the review process for them, so that they don't have so many red lines going back to them and asking for changes and so forth. I just wanted to take a moment today and give you an update. That's taken a little longer than we had hoped, but we have worked through the internal process of revising and reviewing and revising and reviewing and we have a draft document that we have prepared. We have talked to a -- one of consulting firms here in the area and have prepared a task order, which you will be seeing in the next week or so, as soon as we can get that on the agenda, that will allow them to start the peer review of that. They are going to not only review the document and provide comments on the document, where there might be issues or concerns, but they are also going to do some benchmarking for us with four other communities, both here in the valley, as well as a couple of others outside the valley, to sort of, you know, determine what other people are doing and, then, they are also going to provide some calculations for us on photometrics for our lighting standards to make sure that the -- essentially, the lights and the standards that we are requiring are the most cost effective, not only for the city, but also for the development community. So, they are going to be doing a few things for us and at the same time that they are doing this peer review and helping us do that process we are going to be doing a public outreach and reaching out to members of the development community, construction community and getting their feedback and input and making sure that we touch base with them, give them a chance to look at the document, provide comments on -- on that document. We will take all of those comments and feedback not only from the design review committee -- or group, but also from the focus groups and other things that we Meridian City Council Workshop July 14, 2015 Page 33 of 47 may be doing on a public outreach process and we will put that all together in a final draft document and we will bring that back before you and our hope is to have that, essentially, back in front of you at City Council for you to review and approve sometime around the first of the fiscal year for 2016. So, I just wanted to give you an update of where we were, that we are moving forward with that and that you will see some things coming forward to you fairly soon and also make you apprised if you hear, you know, some questions or comments from members of the community or otherwise that we are going to be working on doing a public outreach process for that as well. And I will stand for any questions that you might have. De Weerd: Thank you, Warren. Mr. Rountree? Rountree: I have none. It's good to hear the status. Thank you. H. Public Works: Water Rights Transfer Application De Weerd: Okay. Item 8-H. Kyle. Radek: Madam Mayor, Council Members, first of all, I -- I have an opportunity to introduce a couple of professionals that we have worked with for a long time that I don't know if you have had the opportunity to meet. First Charlie Honsinger has been our -- our go to attorney for water rights actions for -- since before I started working here and, likewise, Ed Squires sitting down there has been our -- for all intents and purposes our city hydrogeologist for -- since before I have been working here and we are here to talk to you about a water rights action that the city is taking an application that we submitted to the Department of Water Resources, and I'm going to turn it over to Charlie and explain it, but what we are going to tell you is -- basically, briefly give you a little background on the water rights portfolio we had as a result of the Snake River Basin Adjudication. Talk to you about multiple mutual points of diversion, what that means, and what our current application is about, the multiple mutual points of diversion and what the process of that application is and where we go from here and, then, we will be available for questions. So, Charlie, do you want to take it? Honsinger: Thank you, Madam Mayor, Council Members. The idea of multiple mutual points of diversion is to allow any of the city's water rights to be diverted out of any of the city's wells at anytime and what that does is that provides flexibility to the city in where and when to divert water and if you have deficiencies in some wells you can use other wells to divert the water rights that are certainly -- that are associated with wells that are deficient and it just makes it more flexible and more efficient for the city to do so. In the Snake River Basin Adjudication, the SRBA, the city claimed its water rights with multiple mutual points of diversion, all the water rights that were in existence at that time. Those were pre-1987 water rights and the SRBA decreed those water rights with those multiple mutual points of diversion, so the city has ten to twelve water rights there Meridian City Council Workshop July 14, 2015 Page 34 of 47 that have all those points of diversion and can be used very flexibly. However, since then the city has grown, as you all know, and has obtained additional water rights that were not claimed in the SRBA, in the Snake River Basin Adjudication, and each of those water rights has a point of diversion, a well from which it can be diverted, but does not have the flexibility that all the water rights that were decreed in the SRBA have. So, the purpose of the transfer application that has been submitted to the Idaho Department of Water Resources is to make all of the city's points of the diversion mutual points of diversion for all of the city's water rights. Again, provides flexibility and efficiency for the city. The application was submitted I believe -- oh, am I correct in saying in January -- January, February of this year. The Department of Water Resources has processed it and has determined that it is ready to roll. They are -- they are prepared to approve it and they are prepared to publish it next week in the newspaper. What that does -- when it is published in the newspaper is it invites protests to the application, so that anybody who has a concern about the -- a water right based concern I should add, about the application can make a protest and have that protest resolved in an administrative proceeding before the Department of Water Resources. To that end we have -- with Kyle's and Ed's help -- we have gone out and done some outreach with some of the large water entities -- water- related entities here in the valley to try and explain what we are doing, just so that they are aware. It's not that we think they are going to protest, it's that we want to make sure that they are aware of what it is the city is doing, why it is doing -- why does doing it -- to, yes, potentially prevent protests, but also it's just the right thing to do. When you do something of this magnitude you want folks to know why it is you're doing it. It's going to be published statewide. It's a -- it's a large application, so others are going to be aware of it, and we just want the large water entities to know why it is we are doing what we are doing. So, we are doing the outreach. I think -- at this point I guess I'd point out that if no protests are received, I would anticipate approval probably by the end of the year. If protests are received it's litigation and you can certainly -- you can certainly try to settle those protests via informational discussions with the protestants, but, eventually, if it comes down to it, they have to be resolved in an administrative proceeding similar to a trial and at this point I guess I will turn it back over to Kyle to add anything that he needs. Radek: I just wanted to add the fact that also we had Tom send out -- send out a notice to our other water providers in the valley to let them know we were doing this as well. Not that any of those folks should protest, but want to do the same thing with their water rights and I think that pretty much covers it. Ed, anything we need to cover? Squires: I had a couple points. Radek: Okay. Meridian City Council Workshop July 14, 2015 Page 35 of 47 De Weerd: You can't speak until you're in front of the microphone. If you will, please, state your name. Squires: Madam Mayor, Members of the Council, I'm Ed Squires. De Weerd: Thank you, Ed. Squires: Hydrogeologist in the valley. Done a lot of work for the city over many years and I think Kyle and Charlie pretty well covered it, except I would like to say that, you know, this is something the city needs to do. This makes your water rights more whole. It gives you a great deal of flexibility and one example would be, you know, we know that there are natural and man-caused contaminations in the groundwater in some places. One would be natural radioactivity -- uranium mainly and those things can -- can show up unannounced and when they do the city may have to take a well offline for a while. It could take years to, you know, replace, modify, or build a treatment plant and so when that happens you have got to produce the amount of water from somewhere and it's got to come out of the other wells. Well, in a legal sense that's what this allows you to do and the SRBA, you know, several of the city's wells, say one, two and three, they weren't used anymore. In fact, they weren't even around and if we hadn't had this mutual points of diversion idea, then, those water rights would no longer exists. So, the reason I bring that up is I think if this is protested -- and we are certainly hope -- hoping that it's not, that the city's you know, got to get in there and fight for it and that means costs. It's -- it's actually been tried once before and it was protested. The United Water Idaho IMAP application sought this very same thing and the irrigation entities in the valley protested it -- not formally, but in the Department of Water Resources meetings and so United Water withdrew it, because they had other things they wanted to gain and we think that those protests and objections were mainly just due to what we affectionately called water grab and didn't really have anything to do with the mutual points of diversion. So, we are hoping that there is not going to be an issue with irrigators and, as Kyle said, we have already met with the main irrigation entities and so far we haven't gotten any serious resistance. There is a few things they are still wondering about it. So, it's a big deal. It's the first of a kind. That's all I wanted to add. De Weerd: Thank you, Ed. Any questions for Ed? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You have alluded to who one of the protestants might be, the irrigation districts, but what's the nature of the protest? I mean you're anticipating and being proactive here. What kinds of things can you envision? And just a couple of them no -- Meridian City Council Workshop July 14, 2015 Page 36 of 47 Honsinger: Madam Mayor, Councilman Rountree, one of the possibilities is the -- it's possible that the irrigation districts are concerned about the drawdown of -- the additional drawdown that this might cause of surface water. So, they may be concerned that this is connective -- these wells might be connected to their drains, to their canals, and that by -- they may be concerned that we might be pumping more out of a certain well than we have previously and in doing so potentially suck more water out of their drains or canals. I would have to say that that is probably their primary concern. I can't really think of a -- really a concern other than that that comes to the top of my head. That's -- when we have discussed things with them that's what comes to mind. I think so far we have satisfied them, but we will see. Squires: Can I chime in on that? Honsinger: Sure. Squires: I think I'd like to say the city has -- the studies that you have done, if needed -- and we -- like I say, we hope they are not needed, but if they are you have got the ammunition to fight this battle and I think that there is no reason -- no real reason to protest, because the irrigation entities' water rights are so vastly senior in priority to our groundwater rights that they have no reason to object, in my opinion, because they always have that avenue in the case of a basin wide call, if they ultimately find that we are drawing water from the canals, which I don't believe to be the case. De Weerd: Mr. Zaremba? Zaremba: Madam Mayor, thank you. I actually have two separate questions and the first one would to be addressing the senior issue. Are we certain that our clock doesn't start anew when this is approved? Are our water rights still as senior as they were when the wells were individual? Honsinger: Madam Mayor, Councilman Zaremba, yes, this does not in any way affect the priority of your water rights. Zaremba: Great. Thank you. Second question is as the city continues to grow and we annex new areas where we might be taking on new wells, are we going to have to reapply or is there some way to make this apply to the future as well? Honsinger: That is a really good question, Madam Mayor, Members of the Council, Councilman Zaremba. Fortunately, one of the things that occurred in the Snake River Basin Adjudication for the city is that the city has what's called an expanding place of use. It's been provided for and all these water rights that Kyle was talking about, all the permits that are now getting converted to licenses, they have a condition that says that they are appurtenant to the place of use Meridian City Council Workshop July 14, 2015 Page 37 of 47 that's been declared by you. Okay? So, it allows for the fact that the city is going to expand and those water rights can be used whatever size the city gets. One reason that that's a really good question is we could have been applying in these permit applications all along to have all these points of diversion added to each permit as it's gone along and we even did that on a couple, actually. But the trouble is you can only go one way and it gets a little complicated. But we can add all the existing points of diversion to a new application, but, then, you still have to do some kind of action that adds that new well, that new point of diversion, to all the other city's water rights and there is not currently a legislative way to do that. It's a possibility that you could go to the Legislature and get that and in one thing that's on the table, but right now in place of this transfer application we might be having to have done 25 transfer applications and so every time you do a transfer application, which transfer sounds odd, it's just -- it's just the name of the -- of the form that you have to use to do these actions. Every time you do a transfer application you open yourself up for scrutiny a little bit and sometimes these protests occur for no other reason than just to cause trouble or to exact a price on something or get something changed and, you know, those are the ones that you don't like to receive, because they have no real basis in fact, but you still have to go through the court battle. Radek: I think the short answer to your question, Councilman Zaremba, I believe, is there is not a process right now to automatically apply a new water right point of diversion to all the other points of diversion and vice-versa. We hope that could happen in the near future. Ed has been talking to the director about finding an automatic way to make that happen, but it doesn't exist now; is that not correct? Honsinger: That's correct. Zaremba: Thank you. De Weerd: Anything else from Council? Rountree: I'm good. Radek: Well, Madam Mayor, Council Members, thank you for your time. Rountree: Thank you. Bird: Thank you, Kyle. Borton: Thanks. De Weerd: I don't know if it's appropriate to say we will keep our fingers crossed or -- move forward. Meridian City Council Workshop July 14, 2015 Page 38 of 47 I. Public Works : Discussion of and Request Approval of Task Order 10601.A to Brown and Caldwell for the “WRRF CAPACITY EXPANSION – DESIGN 2015” Project for a Not-To-Exceed amount of $444,699.00 De Weerd: Okay. Item 8-I was under our Public Works as well. Warren. Stewart: I'll use the podium for this one. Madam Mayor, Members of the Council, two weeks ago you approved a budget amendment that would allow us to start the design process for wastewater treatment plant capacity expansions. However, at that time there were some questions and concerns about that. It was approved, but we have subsequently answered a few questions and wanted to make sure that we had sort of a brief opportunity to sort of update all the Council Members on a few items to make sure that those questions and concerns were alleviated. To do that I'm going to kind of take us back just a minute. This is going to -- I'm trying not to take too long, but I want to do a little background. When we talk about wastewater treatment plant capacity, there is two factors that come into play. One of them is the hydraulic capacity and what I mean by that is simply how many gallons of water can you push through that plant. In other words, how -- how big are the pipes, how big are the motors, how big are the basins and how much water can flow through that plant. Secondly, there is treatment capacity and treatment capacity is affected by the concentration of contaminants in a gallon of water and this little picture that I have showed here is just sort of an illustration that I hope will demonstrate what I mean by concentration. So, you have the same amount of water, but in one gallon of water you have just a few particles of contamination, in another gallon of water you have a significant number of particles of contamination and that's an increase in the concentration per volume of water. So, when we do these ratings of our wastewater treatment plant, it's based on both of those factors. In other words, they take the effluent, they measure the amount of contamination of the effluent, and based on that contamination level they figure out what the hydraulic capacity of the wastewater treatment plant is and a number of years ago, back in about 2008, CH2M Hill went through that process for the city and determined that the hydraulic incapacity, based on the concentrations at that time, the contamination concentration, was 10.2 million gallons a day that we could flow through the plant. At that time our actual flows going through the plant were at about five and a half million gallons a day, so there was a significant amount of the capacity that was unused or unutilized at that point. Over the years our growth has happened and about, oh, a year and a half ago -- about a year and a half ago -- I will get to this in just a minute -- Tracy began to notice some anomalies in the operation of the wastewater treatment plant. Nothing significant, but things just weren't performing quite like we would have expected and so we actually had CH2M Hill come and do a real cursory analysis to determine what was going on and what they had found, after sampling things at the wastewater treatment plant, was that the concentrations of contaminants per gallon of water, if you will, was greater than it was in 2008, which was impacting Meridian City Council Workshop July 14, 2015 Page 39 of 47 the capacity at the wastewater treatment plant. Now, we weren't exactly how much it was impacting capacity, but we knew it was. So, we actually hired Brown and Caldwell to do a more thorough analysis of the wastewater treatment plant to determine what the new quote, unquote, treatment plant capacity is based on the fact that the contamination -- or the contaminants per gallon for the concentration was higher than it used to be. They went through that process and determined that the now capacity of the treatment plant was about 9.1 million gallons a day. So, about a million gallons less than it was in 2008 and you may ask yourself why, what's the -- what happened. Well, there is a few things. First of all, in about this same time frame our effluent daily maximum loads we're coming up and we started to approach this magical number of seven million gallons a day, which was a permit limit, a discharge limit that we had at the Five Mile Creek, and in order to buy ourselves some time and keep underneath that seven million gallon a day discharge limit, the city implemented an aggressive program to reduce what we refer to as I and I, but, basically, that means groundwater infiltration into our collection system and so we went out and tried to plug all the holes, in the manholes and in our pipelines and everything else and make sure that groundwater, which is very high in the City of Meridian, wasn't getting into our treatment plant, because it was impacting our discharge. We were pretty successful and we were able to reduce that by a little over a million gallons a day that we reduced that. But you're probably familiar with the old saying the solution to pollution is dilution. Well, we, essentially, reduced the dilution that was occurring in our collection system. In addition to that, water conservation has become an increasing part of our culture and not only on the house -- you know, by individual, but also the plumbing codes have reduced the amount of water per flush of toilet, they have reduced the amount of water you can -- you use in your washing machine when you wash your clothes. They reduced the amount of water that your dishwasher uses when you wash your dishes. Unfortunately, you still wash your dishes. Probably the same number of times you did before. You still wash your clothes and you still flush your toilet about the same number of times that you ever did. So, the contamination that's going into the system is the same, but the water that dilutes that has been reduced. So, over the course of the last few years we have -- anyway, over the course of the last few years that has risen and it has impacted the capacity at our wastewater treatment plant. So, we have done a couple of things. We asked Brown and Caldwell to do this capacity analysis, which, basically, told us that our capacity that we had thought we had was significantly less and we also asked them to go ahead and do an alternatives analysis to determine just exactly what kind of treatment process we should use to increase the capacity at the wastewater treatment plant and both of those things have been done. So, the task order that we are asking you to approve today is, essentially, the task order that would start the design work for those capacity improvements. We had initially planned on bringing this task order before you in 2015 and the dollars for that work were originally planned in 2015, but after we saw the impact of the increased loadings and the impact at the treatment plant with our capacity, we felt like it was important and imperative for us to get started on the process of getting these things designed and built sooner Meridian City Council Workshop July 14, 2015 Page 40 of 47 rather than later. The anticipated timeline for the design and construction of the capacity upgrades at the wastewater treatment plant is three to four years and at the current rate that we have been approving in the last three years building permits and building homes, we eat up about a half a million gallons of capacity a year. Now, you can see from these numbers that at the present moment we are operating at about eight million gallons a day. That's the peak maximum daily flow and we thought we had 10.2 million gallons a day of capacity and we found out now we have 9.1. The industry standard says that when you, essentially, get to the point where you're utilizing about 80 percent of your rated capacity of your treatment plant, it's time to start your new capacity upgrades and that's what we were, essentially, banking on. So, we were just getting into the process a few months ago that we were going to start these capacity upgrades, because we were thinking we had 10.2 million gallons of capacity. Now we find out it's a million dollars -- or a million gallons less than that. It, essentially, accelerates the -- the timeline about two years based on what we are currently eating up. So, we feel it's imperative that we start right now, get on top of this as quickly as possible, get to the design of these capacity upgrades going. Brown and Caldwell has indicated that they can get 30 percent plans done and the preliminary engineering report, which is required by the DEQ done by the end of this fiscal year if we can get them started right away. In addition to that, I think it's important to understand that at the present moment you will see here there is a committed capacity of about 12.6 million gallons. That means that we have already approved plats that if they were all to be built completely out would, essentially, require a capacity of about 12.6 million gallons. That's going to take us a number of years to get there. I do think I need to say for -- for your guys' benefit there is a couple of stop gap measures that we can use to help gain back some of this capacity. They are going to be operational, they are going to require chemical addition and we can gain back about a million gallons of capacity, but it's going to cost us more on an operational level. So, we feel like based on these numbers that we can -- we have about four years we can continue to operate before we run out of capacity if we continue to, you know, move forward as we have been in the past. So, I guess I just want to stop at this point, we are trying to avoid a situation where there may have to be a moratorium on growth based on limited capacity at the wastewater treatment plant and we feel like we have an opportunity to do that if we act expeditiously at this stage of the game and with that I will stand for any questions that you might have. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Thank you for the explanation and really appreciated the background. I just have to appreciate councils and mayors in the past, because they have always had the foresight to keep ahead of -- ahead of things and this is kind of a continuation. Mr. Cavener. Meridian City Council Workshop July 14, 2015 Page 41 of 47 Cavener: Thanks, Madam Mayor. Warren, just for clarification, this four years that we have, is that including these use of stop gap measures or before we would have to implement something else? You had indicated right at the end of your presentation we had about four years remaining and I'm just trying to get clarification if that was including the stop gap measures. Stewart: Yeah. Madam Mayer, Members of the Council, Councilman Cavener, it includes the stop gap measures. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to do a little bit of math, if -- if we are looking at a peak flow, as you're saying maybe four or five years from now, of 22.54 and we wanted that to only be 80 percent of the capacity, then, the capacity is going to have to be around, what, 28, 29 million gallons a day and my question is you have seen the draft of the new permit, is it in that neighborhood or are they just going up from seven to say ten? Stewart: Madam Mayor, Members of the Council, Councilman Zaremba, the number that is important in this -- this is a declining balance report and it gives us from an engineering and operational standpoint a lot of the valuable information. We actually forward this to DEQ. But the number that is important is, actually, the numbers that are in gray, which is the peak day demand. So, the peak hour demand we don't have -- we have storage capacity, so every day our treatment plant operates on what we call a diurnal curve where there are peaks and valleys in the flow coming into the wastewater treatment plant and we have the ability to flex the -- essentially the operations of the treatment plant to accommodate that differential, but the important factor, the one thing that we have less control over, because the permits, you know, require things on a -- on a daily basis is that gray number of 12.6. So, essentially, when we are talking about meeting our permit requirements and the expansion of the capacity, we are actually talking right now -- the design that we are asking for you to approve the task order for is actually going to increase the treatment plant to approximately 15 million gallons a day, but it's a daily number and that's the important number. So, it's going in, you know, in excess of the 12.6 million that is in the committed capacity. So, I hope that answers your question. Zaremba: I think so. Thank you. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Yes. Meridian City Council Workshop July 14, 2015 Page 42 of 47 Borton: Is there a component of that design that contemplates the next expansion? Stewart: Madam Mayor, Members of the Council, Councilman Borton, yes. In other words, the treatment -- the concept plan that we have put together -- you know, I mention in here that we actually had a conceptual planning effort where we looked at lots of different alternatives and chose the most common cost- effective alternative. That alternative actually has a footprint which allows for the future addition of additional treatment components as the city grows. So, it contemplates that it -- that we will ultimately need a treatment plant that will be able to treat about 23 million gallons a day and it would be able to accommodate that 23 million gallon target. Borton: Okay. De Weerd: Okay. Anything further? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Task Order 10601.A to Brown and Caldwell for the WRRF capacity expansion design 2015 project for a not to exceed amount of 444,699 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-I. Any discussion from Council? Okay. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. J. City Council Liaison/Committee Updates De Weerd: Under 8-J is our City Council liaison updates. I will start with Mr. Cavener. Cavener: Oh, I get to go first. A couple of brief updates. I'm sure as we are meeting with our different various departments budget is the top of everyone's mind. I know in Community Development that was the bulk of our conversation Meridian City Council Workshop July 14, 2015 Page 43 of 47 today. However, there were a couple other notable highlights that I wanted to share with you. One is that there are three companies and four businesses that are taking up residence in New Ventures Lab, from being as new as they are I think that's a pretty notable success. I know it's something that Brenda was very, very excited about. And, in addition, they had a meeting with a variety of different interested bodies for the RFP that has went out and I know that Bruce was excited to see that there was some interest from a wide variety of different businesses and organizations. I also had my meeting today with Patty in HR, who talked briefly about the compensation committee update, which we heard today and as always the case they are always bringing new people on and getting people on board and Patty made a very astute comment that, you know, in government you spend nine months preparing the budget and, obviously, they are very active and involved in that, you present it, and, then, you go right back to planning for next year. So, that is the bulk of her time as well. I will be attending the parks commission meeting tomorrow and will provide an update as to what we did next month. That's it. De Weerd: Thank you. Mr. Bird. Bird: Okay. Finance. Working really hard on getting the budget put together, getting ready for the 21st. We got our revised stuff in our mailboxes. We should all have them to look over. The Parks Department -- next month we are going to cut the ribbon for the Meridian Bark Park. It's looking nice out there, if any of you haven't been by there it's looking very nice. Zaremba: August 12th. Bird: August 12th. Yeah. Next month. And they are continuing to look into getting the 77 acres and the Borup Park's plan -- master plans and our parks continue to look fantastic. We have had very good success with our Thursday night band concerts in Kleiner. It's really a fantastic deal. The MDC is working on their budget. We should, hopefully, this -- the 29th we should be able to get it ready to have our public hearing in August, so it can go to the county in the 1st of September. I'm done. De Weerd: Mr. Rountree. Rountree: Had a pleasurable week last week being the mayor and just worked terribly hard dealing with all the crises and whatever. But, no, it was rather smooth and everything worked like clockwork. As far as the Mayor's activity, I'm going to let her talk about her activities, but welcome back and you're back now in the grind, so get rid of that cruise mentality and get back dealing with the budgets that we have all been working on and looking at, so -- Borton: Madam Mayor, a short update with Fire. We are -- in fact, we are probably due -- this week or last week got away from us, so due for another Meridian City Council Workshop July 14, 2015 Page 44 of 47 meeting, but one of the things that we are going to be following up with and, then, bringing back to the Council is some of the discussion that ties into the budget. Discussion we will have next week, too, is the replacement cycle and usage of the fire engines in particular and alternate resources available for the department to, you know, stretch out the lifespan of -- of those capital expenditures and, then, we will also be discussing the latest and greatest with a master plan, a more regional approach, trying to create some deficiencies that we might have a chance to consider just to make those cost more sustainable. De Weerd: Mr. Zaremba. Zaremba: Thank you. Well, as you can tell from tonight's agenda, there is a lot going on in Public Works. They continue to be forward-looking and planning for the future to make sure that we are covered both for water and wastewater needs and their other responsibilities are being handled as well and very busy place. Legal Department is quite a bit quieter, although they are all busy as well, but, Andrea, who was a part-time attorney, has stepped right into being a full- time attorney without hardly time to catch her breath and doing a good job at that, so we appreciate the approval of that a month or so ago. That's it for the departments. De Weerd: Okay. Well, thank you for your updates and it is nice to be back. We celebrated my parents' 60th wedding anniversary and they appreciated the time together and the attention. So, thank you, Mr. Rountree, for stepping in and certainly appreciate my office staff, they make it so -- I was even out of range, so I couldn't check e-mail or fax or anything. Rountree: Isn't it wonderful? De Weerd: That's probably the first time I hadn't responded to people and all of that. So, it was a little bit awkward, but I got used to it. Bird: Robert liked it, too. De Weerd: Yeah. Everyone in my office has clean desks, so I see they are raring to go again. Well, I will entertain a motion to adjourn into Executive Session. Rountree: We have an ordinance. Bird: Yeah. We got an ordinance. De Weerd: Oh, I -- Rountree: 9-A. Meridian City Council Workshop July 14, 2015 Page 45 of 47 Item 9: Ordinances A. Ordinance No. 15-1653: An Ordinance (AZ 15-003 Shelburne Subdivision) for the Annexation and Zoning of a Parcel of Land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at Pages 8783 through 8784, Official Records of Ada County Idaho, and the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 28 Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Establishing and Determining the Land Use Zoning Classification of Said 30.205 acres of Land from RUT to the R-4 (Low Density Residential) Zoning District De Weerd: Okay. Item 9-A is an ordinance 15-1653. I will ask Madam Clerk to, please, read it by title only. Jones: Thank you, Madam Mayor. An Ordinance AZ 15-003, Shelburne Subdivision, for annexation and rezone of a parcel of land being Lots 1 and 2, Block 1, Zaldien Zerua Subdivision, as recorded in Plat Book 81 at pages 8783 through 9784, official records of Ada County, Idaho, and the south one half of the northeast one quarter of the southwest one quarter of Section 28, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, low-density residential district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard a reading of this very interesting ordinance. Is there anyone who would like to hear it read in its entirety? Bird: Seeing none, Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 15-1653 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Meridian City Council Workshop July 14, 2015 Page 46 of 47 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Any items to consider for future agendas? Bird: I have none. De Weerd: Okay. I would entertain a motion, then, under Item 11 to adjourn in to Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Idaho State -- or into Executive Session as per Idaho State Code 74-206(1)(c). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5;28 p.m. to 6:51 p.m.) Item 11: Executive Session Per Idaho State Code 74-206 (1)(c): To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: I would entertain a motion to come out of Executive Session. Cavener: So moved. Meridian City Council Workshop July 14, 2015 Page 47 of 47 Bird: So moved. I:1.7ieilt.- •tam De Weerd: All in favor say aye. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Let the record note that Councilman Rountree is not present. I would entertain a motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:51 P.M. (AUDI fJIfjI6 FILE OF THESE PROCEEDINGS) MAYOR Y de WEER DATE APPROVED e�gco nuc.�sT ATTEST: 90 y of IANC CE OLMAN, CITY CLERK oAo n. SEAL IAi 7 A t / &