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HomeMy WebLinkAbout2019-04-16 Meridian City Council April 16, 2019. A Meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, April 16, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Joe Borton and Luke Cavener. Also present: Chris Johnson, Bill Nary, Caleb Hood, Stephanie Leonard, Kyle Radek, Jeff Lavey, Charlie Butterfield and Dean Willis. Item 1: Roll-call Attendance: Roll call. _X__ Anne Little Roberts _X _ _Joe Borton _ X__ Ty Palmer _ X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: I would like to thank you -- I would like to thank you all for joining us this evening. We always -- we always appreciate having our Boy Scouts in the audience and our citizens and some of our business owners that will be recognized tonight. So, welcome to the City of Meridian's City Council regular meeting. For the record it is April 16th. It's four minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake of Calvary Chapel Meridian De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Troy Drake with Calvary Church here in Meridian. I ask you to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you, Pastor Troy. Drake: Madam Mayor. Council. Would you guys join me in prayer. Lord, thank you so much for creating this world and, Lord, that you have given us life and -- and, God, that we have this free country that's so awesome. We are just grateful for the country, the freedom that we have to pursue, you know, where we want to live and work and -- and Meridian City Council Meeting Agenda April 23, 2019 – Page 7 of 699 Meridian City Council April 16, 2019 Page 2 of 21 we just appreciate that so, God. I'm thankful for the city and what you have done here through our Mayor and the -- the city leaders and -- and it's just a real blessing and so I pray that you would help us to remember how good we have it and , Lord, as we head into Easter we are just so thankful that you sent your son here for us and that we might put our trust in him to have eternal life and we appreciate so much what you have done there, God, and -- and, Lord, you know, and just praying for the safety of our community here tonight and all those first responders, the people who, you know, go into harm's way to protect us and -- and help us when we need it and I just pray, God, that they would have what they need and -- and that it would be a safe community here and, lastly, God, I just would pray for the -- all the decisions being made here tonight and that you would give the City Council wisdom. Lord, I thank you that we could elect those who represent us, another great benefit of living in a free country and so I just pray that you would bless these men and women, Lord, for their investment in our community and that you -- you would just give them -- and show them a lot of grace and so, God, we just want to thank you again, in Jesus' name, amen. Bless you guys. Thanks for the opportunity. Item 4: Adoption of Agenda De Weerd: Thank you, Pastor Troy. Item 4 is adoption of agenda. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Items 9-C, 9-D and 9-E, the applicant has asked for a continuance to June 18th. I believe there are some members of the public here that wanted to speak on that matter and I was wondering if we should move that up to the beginning of the agenda. De Weerd: I think that would be appropriate. Milam: Okay. So, I move that we move that to seven -- or before 8-1 -- no. It would be nine. How do we do that? It's still an action item. De Weerd: We can move it to -- if you're -- Mr. Nary, correct me if I'm wrong, if the Council is just going to continue it, they can consider it under Item 7? Nary: Yes. De Weerd: Okay. Milam: And with that I move that we approve the agenda. Little Roberts: Second. De Weerd: I have a motion and a second to approve the agenda as amended . All those in favor say aye. All ayes. Meridian City Council Meeting Agenda April 23, 2019 – Page 8 of 699 Meridian City Council April 16, 2019 Page 3 of 21 MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5; Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Mr. Clerk, anything under Item 5? Johnson: Madam Mayor, there are no sign ups. Item 6: Consent Agenda [Action Item] A. Approve Minutes of April 2, 2019 City Council Regular Meeting B. Approve Minutes of April 9, 2019 City Council Workshop Meeting C. Paramount Directors Subdivision No. 2 Sanitary Sewer & Water Main Easement D. Final Plat for Baraya Subdivision No. 4 (H-2019-0036) by Schultz Development, Located at 3935 W. Franklin Rd. E. Final Plat for Entrata Farms Subdivision No. 1 (H-2019-0040) by FIG Village at Parkside LLC, Located at 3880 and 3882 W. Franklin Rd. F. Final Plat for Sky Mesa Commons Subdivision No. 3 (H-2019- 0038) by Sky Mesa East, LLC , Located West of S. Eagle Rd. on the South side of E . Taconic Dr. G. Final Plat for Sky Mesa Commons Subdivision No. 4 (H-2019- 0037) by Sky Mesa East, LLC . Located West of S. Eagle Road on the North Side of E. Taconic Dr. H. Final Plat for Warrick Subdivision No. 1 (H-2019-0046) by Schultz Development, Located at 2445 E . Amity Rd. I. Final Order for Rockbury North (H-2019-0020) by Michael Nigh, Located at 4373 W. Tree Crest Dr. J. Final Order for Westbridge Subdivision No. 2 (H-2019-0022) by Trilogy Idaho, Located at 5865 N. Black Cat Road K. Development Agreement for Keep Subdivision (H-2018-0043) with JHP2, Inc (Owners/Developers) and Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Meridian City Council Meeting Agenda April 23, 2019 – Page 9 of 699 Meridian City Council April 16, 2019 Page 4 of 21 Saints Located on the SW Corner of E. Lake Hazel Rd. and S . Eagle Rd. L. First Addendum to 2017 Cole Valley Christian School Joint Use Agreement M. Agreement with Capital Christian Center, Inc. for Use of Kleiner Park For Special Event N. 2019-2021 Settlers Park Concessions Contract O. AP Invoices for Payment - 04/08/19 - $896,370.18 P. AP Invoices for Payment 04/17/19 - $1,956,592.53 De Weerd: Thank you. Item 6 is our Consent Agenda. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the Consent Agenda. For the Mayor to sign and the Clerk to attest. Little Roberts: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk, will you call roll? Roll call: Borton, absent; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 7: Items Moved From The Consent Agenda [Action Item] C. Public Hearing Continued from February 21, 2019 for Oaks North and South (H-2018-0117) by Toll ID I LLC , Located on the North and South side of McMillan Rd. between N. McDermott and N. Black Cat Rds. 1. Request: A Development Agreement Modification to modify the overall boundary of Oaks North and Oaks South development and update the zoning district boundaries, the Meridian City Council Meeting Agenda April 23, 2019 – Page 10 of 699 Meridian City Council April 16, 2019 Page 5 of 21 concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project D. Public Hearing Continued from February 21, 2019 for Oakmore Subdivision (H-2018-0118) by Toll ID I LLC, Located near the intersection of W. Gondola Dr. and N. Black Cat Rd. Moved to 1. Request: Rezone of 7.39 acres of land in the R -15 zoning district to the R-4 zoning district; and, 2. Request: Preliminary Plat consisting of eighteen single family residential lots on approximately 7.29 acres in a proposed R-4 zoning district E. Public Hearing Continued from February 21, 2019 for Oakwind Subdivision (H-2018-0119) by Toll ID I LLC, Located near the intersection of N. McDermott and W. McMillan Rd 1. Request: Rezone of 16.52 acres of land from the R -15 and R-4 zoning districts to the R -8 zoning district; and, 2. Request: Preliminary Plat consisting of 82 single family residential lots and 7 common lots on approximately 16.52 acres of land in a proposed R-8 zoning district De Weerd: Items 9-C, D and E were moved under seven. This is a public hearing continued from February 21st for H-2018-0117, H-2018-0118 and H-2018-0119. These three items were requested by the applicant's representative to continue based on they still are contemplating and exploring options about the properties , if they want to change what has been previously approved or not. So , at this time we don't really have a representative here or anything to present to understand what the applicant is thinking. Stephanie, do you have anything you want to add? Leonard: Yes. Thank you, Madam Mayor, Members of the Council. The applicant has communicated with me that they would like a little bit more time to communicate with their -- who they are representing to discuss further options for the properties. Originally the concept plan that was approved with the DA that currently resides over the properties shows multi-family and these are the two areas that are -- that were supposed to be heard tonight and they are trying to determine whether they would like to rezone and submit the preliminary plat and continue on with the development agreement modification as they had originally thought that they were going to. So, they would like a little bit more time to discuss that with them and determine whether that's appropriate or not. De Weerd: Thank you, Stephanie. Mr. Clerk -- Chris, did we re-notice this and have them re-sign the property for this date? Meridian City Council Meeting Agenda April 23, 2019 – Page 11 of 699 Meridian City Council April 16, 2019 Page 6 of 21 Johnson: I'm looking into that right now, Madam Mayor. De Weerd: Okay. Council, any questions for Stephanie at this time? Leonard: Madam Mayor, Members of the Council, we did decide the last time that they requested a continuance to have them renoticed the site and I believe the clerk probably renoticed -- I think they had requested a continuance before the ten day deadline to post the site, though. De Weerd: Okay. I would like to see -- is there any members of the public that were here to listen to this application? If you will raise your hand. Thank you for that. We apologize for the inconvenience. At this point having a public hearing without understanding what we are actually hearing is really difficult. What Council can instruct in their motion to continue is that the property be re-signed with the appropriate date and that the -- the neighbors be renoticed as well. So, Council, what -- what is your -- your desire on this? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we continue Item 7-A, B and C to June 18th, 2019, and require that the applicant re-sign the property and pay for the renoticing requirements. Milam: Second. De Weerd: I have a motion and a second to continue Items H-2018-0117, 0118 and 0119 to June 18th, 2019, with the instruction to re-sign and renotice. All those in favor say aye. All ayes. Motion carried. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 8: Community Items/Presentations A. 2019 Environmental Excellence Awards De Weerd: And, again, we apologize for the inconvenience this evening. Okay. Item 8- A is a community presentation. We have our Public Works team here that have some environmental excellence awards and -- Jason. Smith: All right. Hello. The Meridian Environmental Excellence Awards -- Excellence Awards are a way to recognize the businesses, organizations and individuals in our community for their innovations, commitment and leadership in environmental stewardship and environmental sustainability. Our award selection committee has chosen two worthy recipients for this year's awards out of the multiple nominees that were submitted from the community at large. Our first awardee has about 650,000 guests each year. Roaring Springs Water Park and Wahooz Fun Center is an energy intensive Meridian City Council Meeting Agenda April 23, 2019 – Page 12 of 699 Meridian City Council April 16, 2019 Page 7 of 21 operation. They began looking for ways to conserve energy about ten years ago when Idaho Power approached them for an energy audit. Through the help of Idaho Power's Energy Efficiency Program, they were able to identify and implement energy efficiency projects throughout the park through installing VFDs, upgrading motors, pumps and lightings, Roaring Springs have saved more than one million kilowatt hours of energy. That's enough power to power about 70 homes for an entire year. Roaring Springs have been terrific ambassadors of energy efficiency and highlight the opportunities available to businesses and industry through partnering with Idaho Power's Energy Efficiency Program. We are happy to present the 2019 Meridian Environmental Excellence Award to Pat Morandi and Roaring Springs and Wahooz. De Weerd: And I -- I would just add my congratulations and appreciation for your stewardship in our community. This award is presented to Roaring Springs Wahoo z for commitment and investment in energy efficiency and conservation through implementation of energy efficiency measures at their Meridian facility. We appreciate everything you do. You're such a great corporate partner in our community and a good steward as well. Thank you so much. Smith: After receiving a teaching degree from the University of Idaho , our next nominee moved to the Treasure Valley in 1990 where she began a career as an environmental education practitioner over the next 25 plus years. Beginning with the Idaho Fish and Game and leading to several roles within the University of Idaho and the Water -- Idaho Water Resources Research Institute as outreach and education manager, her position included serving as Idaho's coordinator for Project Wet, which is the water education for teachers, which she has done for over 20 years. Through Project Wet and other water education outreach, Julie has impacted thousands of teachers and through them many more students. She has served on the board of IDEEA, the Idaho Environmental Education Association for 20 years, including several years as president and among other projects she helped spearhead Idaho's environmental literacy planning efforts. She assisted the City of Meridian in developing our initial environmental education efforts, including planning for our interpretive center displays and assisting in training and outreach opportunities for flood plain managers. We are proud to have Julie Scanlin as a resident of Meridian and recipient of the 2019 Meridian Environmental Excellence Award. De Weerd: Julie, we appreciate your involvement in the community in which you reside and we greatly appreciate being able to tap into your expertise in sharing the knowledge in our community. This Environmental Excellence Award is presented to you for leadership in environmental education, enhancing knowledge and connections to our natural world for teachers and students across Idaho and beyond. Thank you, again, for everything that you're doing in our community. Scanlin: Thank you. I do have one thing I want to say. I got to work with a lot of teachers -- hundreds of teachers -- Meridian teachers, Idaho teachers, thousands maybe, and I had to lock in my job that I have always -- also got to work with Water Resource professionals, including people from your Public Works Department over the years, but Meridian City Council Meeting Agenda April 23, 2019 – Page 13 of 699 Meridian City Council April 16, 2019 Page 8 of 21 the -- the one most memorable opportunity I had in Meridian was in 2004, which was sort of an interesting year for you, too. I believe you started as Mayor in that year. We were doing a Water Awareness Week festival with Meridian Middle School -- I don't know if you remember this. We basically came in, had a bunch of activities, the students had little workbooks that they had gone through. They were learning about general water things, about groundwater. They did a hands-on activity where they had to solve a mystery and as we culminated the day, Tammy took time out of her -- I'm sure absolutely crazy schedule. You were less than half a year into it. To come in and spend time with those students and talk about water and how important it was and -- and civic responsibility and -- and interactions and it was monumental for -- for us. I -- those students are now about 30 years old. De Weerd: I know. Scanlin: I have been retired for three years, although I'm not very good at it. I don't know what the students took out at that time from that event. We hope they took some knowledge they are still using. But I do know what our staff -- there was seven or eight of us that worked for different water entities that help ed to present this to the -- to Meridian Middle School. When we came out we -- we were all impressed and I guess the basic thing that we knew was that Meridian was in good hands and we were very pleased that she took the time out to come out, respect the education the kids were getting, the effort that we were putting into it and just celebrate the day with us and it made a huge mark and we have continued to have that kind of a working relationship throughout my -- my endeavors with City of Meridian. So, thank you for the community you are. I'm proud to be a Meridian resident and I actually brought you -- in case you have forgotten, I have a little picture from the event -- De Weerd: Thank you. Scanlin: -- because it was like a 2004 Brownie star flash or something. But anyhow -- so, thank you. B. Department of Environmental Quality Update on Drinking Water Regulations De Weerd: Thank you. Okay. Item 8-B is under our Department of Environmental Quality update on drinking water regulations and, Dennis, are you going to be introducing this? Thank you. Teller: Okay. Good evening, Madam Mayor, Members of the Council. Thank you for your time tonight. As you may know, Meridian's drinking water standards are set forth by the EPA under the Safe Drinking Water Standards and are enforced by Idaho Department Environmental Quality. Tonight we would like to take some time to make you aware of some recent changes to our drinking water reporting process around these standards and how they will affect not only the city, but other water systems across the state in managing certain minerals and constituents found in our water sources. Although we do not see a Meridian City Council Meeting Agenda April 23, 2019 – Page 14 of 699 Meridian City Council April 16, 2019 Page 9 of 21 concern at this time with our sources, we want to take this opportunity to welcome Jerri Henry, drinking water program manager, and Brandon Lowder, drinking water compliance officer in DEQ to introduce these new requirements, so you can better understand them and how they will affect us going forward and, of course, at the end we will -- we will stand for questions. So, with that I would like to introduce Jerri Henry. De Weerd: Thank you. Welcome, Jerri. Henry: Thank you. Thank you for having me, Madam Mayor, Council Members. Just real quick brief overview. DEQ, in case you haven't worked with us before, we have six regional offices and, then, the state office. I work in the state office. Brandon works at the regional office here in Boise. So, he oversees like the Suez's, the Meridian's, Nampa's, things like that. So, just real quick. I'm going to discuss with you -- I did not do a PowerPoint, because I personally hate death by PowerPoint. So, I'm going to be more of a discussion. We are going to give you kind of a -- just a really high level overview of the standards. So, you're probably familiar with the primary drinking water standards and those are your usual suspects, like your arsenic, your nitrate and the bacteria and things like that and, then, there is also nonenforceable standards. Those are called secondary standards. Manganese is a secondary standard and EPA establishes those -- again, those are non-enforceable. They also establish health advisories and these are things that -- where they -- they believe they are informal technical guidance. So, they are supposed to inform us on how to help when there is situations and there is a 2004 health advisory for manganese. Now, understand historically these health advisories kind of went largely unnoticed, but we are also operating in a new era post Flint. Thank you , 2016. And so this is important context to understand why some of the decisions that we are making is impactful. So, with respect to manganese, there is a short-term health advisory with respect to formula-fed infants and it's at .3 milligrams per liter. Why that's important is because for formula there is manganese that's already in formula, so when you add water that already has manganese in it, then, it -- that increases the potential health effects, which are neurological and manganese crosses the blood -brain barrier and can affect -- affect children maybe years later. So , there is lifetime exposures, but the important thing that we are talking about here is your ten day exposure and for adults and older children it is one milligram per liter. We really don't see a lot of that in the state. We have some and I know some systems are kind of coming right up against a .3 and so that's why we are here to talk to you today and so what brought this to the forefront is the -- what's called the unregulated contaminant monitoring rule and this -- it sounds -- it sounds ridiculous. Unregulated contaminant monitoring rule. So, this is something that's implemented by EPA. The states don't actually implement this rule. And it's part of a process to determine what contaminants are going to be regulated in the future. So, it's a way for them to determine occurrence data . Manganese is on the list, as well as some cyano toxins and that's important, too, in this context that I will share a little bit. So, what happened is that, again, post Flint, but a lot of the water systems in the state are larger systems, ones that are 10,000 and over are required to monitor under this unregulated contaminant monitoring rule and some of the smaller systems. So, this is nationwide. City of Meridian. The Suez's -- again, the large systems are required to monitor and what's also important to know is that EPA pays for and does the monitoring for the smaller Meridian City Council Meeting Agenda April 23, 2019 – Page 15 of 699 Meridian City Council April 16, 2019 Page 10 of 21 systems and this will be important in a minute, but the larger systems , like Meridian and those folks, do the monitoring on their own and those are -- get reported directly to DEQ. The others get reported directly to EPA. Well, on around August 8th of last year we received notification from EPA that their headquarters has developed what I lovingly refer to as the flaming telegram. So, I got an e-mail from all of the Region 10 states, from the EPA Region 10, stating, basically, that if -- if a system exceeds -- and they were talking particularly about the small systems, but, really, if any system exceeds the .3 or the .1, but let's just talk about the .3 for now -- that in this notification, which is going to go from headquarters, because they are the ones that are going to get the results for the small systems, that will, then, go to the region, which will, then, come to DEQ, which will, then, we need to identify and contact the water system. Do you see a problem with that process? So, in this notification they are telling us this recent -- the system took a recent sample and it's over this level. The concerning part for me is, therefore, near term actions to address public health concerns, particularly for formula-fed infants, may be warranted. What do I do with that? This is an unregulated contaminant. We have not been down this road before. We are in -- again, the post Flynn era. About that same time last summer -- and Brandon can probably speak to it better than I can, he was involved in a harmful algal bloom event locally, but there is also a short-term health advisory for a couple of cyano toxins and I don't know if you follow the news for the Salem, Oregon, event, when they actually had it in their drinking water. Well, to shorten up the version, they couldn't drink the water, but the test results came in and they waited, because their protocols were -- again, this is unregulated. Their protocols were, well, let's verify with what we have and I don't remember the time frame in there that they waited , but, then, they got the results back. Well, the public was furious that they waited to tell them. So, the information that drinking water administrators or managers, like myself, are taking away from this is tell people what you know when you know it . So, here we are now with yet another unregulated contaminant with yet another short-term advisory. What do we do when we get this notification? So, I went through -- the only rule that we have to avail ourselves to is the tier one public notification rule and that is something that we also adopt and tier one means it has to be done within 24 hours of notification and , really, what that is is it's for other violations or situations with significant potential to have serious adverse effects on human health for -- from short-term exposures. So, it's as determined by us on a case- by-case basis or in our rules. Well, we don't have that on our rules, but on a case-by- case basis we worked with our attorneys and we were like, well, this is -- this is what we have got. So, we quickly sent out a directive to folks and developed a letter that went out to all of the systems that were -- we have about 30 systems in the state that are monitoring under this unregulated contaminant monitoring rule to let them know and we also made personal phone calls to let them know this was occurring, because we don't really necessarily know what these levels are, because they are not required to be reported. Our labs in Idaho are required to report to us directly. So, if we get results from Meridian or Suez or Nampa or anywhere else in the state, then, they are required to report to us. So, that's where we are with it. If we get a result that's over the .3 -- and, technically, .349, if you want to go into that, but if we get a level over that that we will require a public notification and we worked with the Division of Health to develop a template for public notification that advises for infants not to use this water -- not to consume water that's over this level, to use an alternative source, but it's, again, one of those fine lines that Meridian City Council Meeting Agenda April 23, 2019 – Page 16 of 699 Meridian City Council April 16, 2019 Page 11 of 21 you're trying to walk. You try not to scare people, because, then, they are going to want to know, well, was it not safe for me. Well, it's fine for, you know, adults and so it's a new environment that we are in and a situation that we haven't been in before. So , we are kind of trying to feel our way through it, but that is the only requirement that we have the ability to use. De Weerd: Well, I guess my -- I know -- I know you have sat down with our staff -- Henry: Yes. De Weerd: -- and they made you aware. If we get any kind of result like that, that well is instantly shut off and a new well supplants, so they get different water. Henry: Right. De Weerd: To be giving notices that the water they are drinking is -- has tested at a certain level, the water they will be drinking at that moment will not be the water that you're talking about. So, in your template do you explain that? I mean it's -- a template is -- is across the board and it's -- this is not a one size fits all type of a thing. I understand on a smaller system they don't have that option to -- to switch to a different well. Henry: Correct. De Weerd: So, how will you notice in our particular situation if, on the slim chance that it would ever happen, how would you do that? Henry: Right. Well -- so, let me address a couple of the questions that I heard. So, one of the questions was -- or the situation was you're noticing for something that has changed. Public notification is a little bit like that. You're -- you're actually noticing for something that you took a sample for how many days before. That's -- that's actually kind of designed that way. So, the notification can be altered to -- to notify -- or, basically, there is a section in the notification template to say, you know, this water no longer is , but, you know, please be aware that this is what occurred. We just have to approve it if you're going to modify it, but you can definitely tell them that -- you know, that that well has been turned off, you know, we recognize what the situation was and we turned it off. This is not uncommon. We have had that situation with nitrate and arsenic and things like that, so -- but the architecture for what we are familiar with is that is using a template, so that people can get it out quickly, but there is a section in the template where you can identify what's been done about it, so -- there was another question in there, but -- I'm not sure if I -- De Weerd: I think the question is more can you modify that template of how you would notice and work with our -- Henry: Yeah. Meridian City Council Meeting Agenda April 23, 2019 – Page 17 of 699 Meridian City Council April 16, 2019 Page 12 of 21 De Weerd: -- communications team in advance. Henry: And, Brandon, you're welcome to come up. So, Brandon deals directly and supervises systems directly, but we have done this a number of times. Oh, sorry. We have done this a number of times -- De Weerd: State your name, Brandon. Henry: -- where they do modify the template, so that it's specific to the situation, just -- the important part is -- is that people need to know what's happened and it's kind of under the community right to know component -- De Weerd: Uh-huh. Henry: -- but, then, we don't want to scare them, but, yes, if you want to -- De Weerd: Completely understand. Lowder: Yeah. So -- yeah. We work with systems. There is -- there is standard language about the health effects and so even though that well may be turned off people have been exposed to it and so they may be seeing health effects as a result of what they have consumed. So, it's more of a -- just transparency and letting them know what's happened. We are all for modifying that language as long as it fits the situation, as long as that health effects language is out there. But, yeah, we want to clearly inform people what's happened, so that they can make prudent decisions about seeing a doctor and what they are going to do about their health. De Weerd: Just a question, since this -- I can't remember what you called your -- your memo that said you needed to do a tier one. Henry: A flaming telegram. De Weerd: Flaming memo. So, you haven't apparently had any incidents since you had this flaming memo to even know how you would deal with it? Lowder: We have had one. De Weerd: And so how did you deal with it? I don't recall seeing anything. Lowder: No. It was interesting and it actually fits into the scenario that you're describing where the well was turned off and the same question came up about whether or not notification was really required, because that well had been shut down and the response from DEQ to the system was, yes, it is still required for the same reasons, people have been drinking it, we don't know if it's been over this level for ten days or not, so we are going to assume that it has. The water system chose not to issue the notification. There was a bit of confusion between the system and DEQ and they felt that they weren't clearly Meridian City Council Meeting Agenda April 23, 2019 – Page 18 of 699 Meridian City Council April 16, 2019 Page 13 of 21 informed, so they chose not to issue that notification and so they, essentially, received a violation and -- and dealt with that aftermath. Henry: Part of what happened with -- Madam Mayor, sorry for interrupting. Part of what happened with that situation is we were trying to catch up with a directive . The directive went out -- EPA's tables do not actually include the .3. So, when this system went to look, because, of course, they were like I don't know what you're talking about, they went to look for it and it's not there and I have contacted EPA and they said, yes, it's an error that they did not include it in the tables. They have yet to fix it. It is actually in the health advisory and like the second page at the bottom, but part of that was the confusion within us trying to get ahead of something and they got caught in the middle of it. But what I have heard consistently by, you know, working with the Water Utility Council, the Drinking Water Advisory Committee, is that people want certainty. So, the only certainty I can actually provide is that, okay, we are going to require notification. We can't require treatment. We can't require things like that, but we can require the notification component. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, what are the symptoms and -- is growing a large head one of them? I have a one year old grandson who just got off formula. Henry: Oh. Milam: He has kind of a large head and was -- I'm just kidding about that. But I am curious about this. De Weerd: Did you have a question? Milam: The question was serious -- a comment after was what -- what the symptoms are for the consumption. Henry: Well, Madam Mayor, Council Woman Milam -- is it Milam or Milam? Milam: Milam. Henry: Milam. Yes. So, actually, the trouble with manganese is sometimes the symptoms and the issues don't show up for years, but it's problems with learning and ability -- you know, walking -- different things with your brain and neurological features. So , it may not show up for quite some time and that's part of the trouble with a contaminant like this. De Weerd: Wow. I don't have anything nice to say. Any questions from Council? Palmer: Madam Mayor? Meridian City Council Meeting Agenda April 23, 2019 – Page 19 of 699 Meridian City Council April 16, 2019 Page 14 of 21 De Weerd: Mr. Palmer. Palmer: Not a question, just -- thanks for coming and helping us understand that, especially -- I think the Mayor had a great question, knowing now especially that we can alter the language to be able to explain the -- as we are making the notice that this has been rectified, not just simply putting it out there, you know, allowing people to believe that it -- should this happen, which is a highly unlikely scenario that it does, that the message will be clear as to the reality of the situation, as opposed to trying to confuse on that -- it's a continuing issue that they are experiencing, but that it happened and it's been solved. Hopefully it never does happen and given our track record it doesn't look like it probably ever will. But definitely appreciate the information and guidance and how to move forward with planning for it. Henry: Thank you. De Weerd: I guess in the health risk, I mean it's concerning to think that -- well, how often is this unregulated test required? Henry: So, this is the fourth -- Madam Mayor, this is the fourth round of the unregulated contaminant monitoring rules. So, they do it every -- like three to four years -- four to five years. I'm trying to remember the interval for those. And they pick -- they select different contaminants on the list. This list contains a few of the contaminants that have short -term health advisories and there are -- like cyano toxins, but cyano toxins is a little easier sell, because you tell people there is toxin in your water, that's an easier sell than manganese. But that's part of the trouble that we are in a situation where there is a health advisory, but there is no regulatory level that we can enforce and EPA has highlighted to us that they will be doing more short-term advisories. So, this is kind of a new era that we are in -- trying to provide -- definitely trying to provide some sort of consistency, because we have got great systems like Meridian and folks that really want to do the right thing and we are trying to provide a structure for which they can do the right thing, but, then, we also have systems that are going to do -- so, then, that leaves us in, okay, well, if we know that there is health effects, then, we should notice for them if they don't do it and so it's kind of in a very awkward situation. De Weerd: I'm sure. Lowder: Madam Mayor, if I can -- if I can add. There is -- in addition to just the required monitoring as part of the unregulated contaminant monitoring rule , manganese, although it may not necessarily be this high in most systems in this area , there is manganese in a lot of systems in this area and so they do voluntary monitoring. A lot of sources have treatment for manganese. A lot of systems just monitor it voluntarily, because they want to keep an eye on it, so that they can manage it. So, even though it is a voluntary sample, if that result comes to DEQ it's treated the same way. Henry: Yeah. Thank you. Meridian City Council Meeting Agenda April 23, 2019 – Page 20 of 699 Meridian City Council April 16, 2019 Page 15 of 21 De Weerd: And I know we test for all kind of constituents because, you know, our team is very proud of the water that they deliver. They want to ensure that what we are doing is in the best interest of our citizens. I -- I just -- I understand your requirements to -- to notice and I think it's -- it's important to do so. It's just in how you do it and how we can work with you in -- in helping to deliver that message if it should ever occur, because we don't think it will, but these are natural constituents in our aquifer. Henry: Yes. And, Madam Mayor, if I can add, I have worked with the Division of Health, Dr. Adams, and they have an ability to notify through a system that they have all the pediatricians, so should the event occur we can send notifications to pediatricians to update them as well. De Weerd: As long as we have a good education campaign that goes along with that notification, so that there is not instant chaos and -- and -- and concern that it's -- it's -- there is information out there that accompanies any kind of notification on how to -- to maybe give some peace of mind, but also where they can go for more information. Henry: Right. Madam Mayor, we can -- De Weerd: Because I can Google anything and really freak out. Henry: Yes. Madam Mayor, I don't recommend you Google manganese. De Weerd: Okay. Well, I actually already have. Henry: Right. It's a freon like disease. Right. There is a lot of -- De Weerd: It's really nice. That's why I think it's important to also have good education. Henry: Right. And we do have information on our website and apparently Division of Health said that they would get information on theirs. De Weerd: Okay. Any further questions from Council? We appreciate you coming and sharing the information and we promise not to kill the messenger. Thank you for that. And thank you for meeting with our team and -- and making sure that this is -- this is a team effort. This is a joint effort and we are just as concerned about your agency as our agency in what -- what quality of water we deliver. That is important. Henry: I agree. De Weerd: Well, thank you. Henry: Thank you. De Weerd: Dennis, did -- or Laurelie, anything you want to add? I don't see any. But thank you. Meridian City Council Meeting Agenda April 23, 2019 – Page 21 of 699 Meridian City Council April 16, 2019 Page 16 of 21 Item 9: Action Items A. Parks and Recreation Department: FY2019 Net-Zero Budget Amendment for Community Garden Plants De Weerd: Okay. Item 9-A under Action Items. We have our Parks and Recreation Department and Mike is here with us this evening. We always like to read net zero budget amendment. Barton: Yep. We made that crystal clear. Good evening, Madam Mayor, Members of Council, our community garden operators applied for a 979 dollar grant from the Idaho Botanical Garden and they received the grant and the city has deposited that in our -- we got the check and put it in our revenue account, so we would like it moved over to our operating budget, so we can help them purchase plants and we're asking for your approval of the budget amendment. De Weerd: Thank you, Mike. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the zero -- net zero budget amendment for community garden plants. Little Roberts: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, ab sent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO AYES. De Weerd: Thank you, Mike. Barton: You bet. B. Police Department: Budget Amendment for TruNarc Handheld Narcotics Analyzer & Drug Testing Kits for the Not-to-Exceed Amount of $26,902 De Weerd: Okay. Item 9-B is under our police department and I see Chief Lavey making his way up to the microphone. Meridian City Council Meeting Agenda April 23, 2019 – Page 22 of 699 Meridian City Council April 16, 2019 Page 17 of 21 Lavey: Madam Mayor, Council, thanks for the time. This isn't a net zero exact, but it's -- it's real close. We are here to ask for a budget amendment to purchase a TruNarc narcotic analyzer and this device is 26,902 dollars and it's an awful lot of money, but the main reason why we need it is because of Fentanyl and you will hear Fentanyl a lot in the news and Fentanyl in small doses can be lethal or at least overdosing to anybody that's not used to being exposed to it. This device will allow us to test for unknown substances like Fentanyl without having to open the package and so it's the only device out there that can currently do this and my guess is that's why they asked for the high price, but why we are here today is that we have obtained a grant from the Office of Drug Policy in the amount of 20,000 dollars and to make up the difference to make this truly a net zero, is we are using drug seizure funds to make up the difference. So , it's not any city dollars that's going toward this purchase. So, I ask for your approval in to not exceed 26,902 dollars to purchase the TruNarc analyzer. De Weerd: Thank you, chief. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Worth every penny. I move that we approve the budget amendment for the analyzer in the drug kits for an amount not to exceed 26,902 dollars. Milam: Second. De Weerd: I have a motion and second to approve Item 9-B. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Lavey: Thank you very much. F. Public Hearing for Proposed City Clerk's Office Fees- 1. Resolution No. 19-2137: A Resolution Adopting A New Vehicle Immobilization License Application Fee; Authorizing The City Clerk’s Office To Collect Such Fee; And Providing An Effective Date. De Weerd: Thank you, Chief. Thank you, Kendall, for being here. Items C, D and E were already heard under Item 7, so we will move to 9-F, which is a public hearing for the Meridian City Council Meeting Agenda April 23, 2019 – Page 23 of 699 Meridian City Council April 16, 2019 Page 18 of 21 proposed city clerk's office fees. This is Resolution 19-2137 and we will open this public hearing. Mr. Clerk. Johnson: Thank you, Madam Mayor. Is it okay to address you from here? De Weerd: Yes. Johnson: Okay. March 26th City Clerk C.Jay Coles came and spoke with you about the need to amend fees to have a license process for the -- the booting that goes along with a booting ordinance, so we needed to amend the fees to assign those fees -- I'm stumbling. I apologize. But we agreed on $73.50 for those fees, because they fall in line with our mobile sales unit. We have had no one sign in to testify and received no testimony and with that I will stand for any questions. De Weerd: Thank you, Chris. Council, any questions? This is a public hearing. Is there anyone who would like to provide testimony on this item? If there is no further comment from Mr. Clerk or questions from Council, I would entertain a motion to close the public hearing. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I move we close the public hearing on Item 19 -2137. Milam: Second. De Weerd: I have a motion and a second to close public hearing on 9-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Do I have a motion on the resolution? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we approve Resolution 19-2137. Milam: Second. De Weerd: I have a motion and a second to approve Resolution 19-2137. If there is no discussion, Mr. Clerk, will you call the roll? Meridian City Council Meeting Agenda April 23, 2019 – Page 24 of 699 Meridian City Council April 16, 2019 Page 19 of 21 Roll call: Borton, absent; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 10: Ordinances A. Ordinance No. 19-1823: An Ordinance (H-2018-0043– Keep Subdivision) For Annexation Of A Parcel Of Land Being A Portion Of The NE 1/4 Of Section 5, Township 2 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 7.07 Acres Of Land From RUT To R-8 (Medium Density Residential) And 53.47 Acres Of Land From RUT To R-2 (Low Density Residential) Zoning Districts 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: Item 10-A is Ordinance 19-1823. Mr. Clerk, will you, please, read this ordinance by title? Johnson: Thank you, Madam Mayor. Ordinance No. 19-1823, an ordinance H-2018- 0043, Keep Subdivision, for annexation of a parcel of land being a portion of the NE 1/4 of Section 5, Township 2 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 7.07 acres of land from RUT to R-8 (Medium Density Residential) and 53.47 acres of land from RUT to R-2 (Low Density Residential) Zoning Districts 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 this ordinance read. Is there any questions from Council? If not, I would entertain a motion to approve. Meridian City Council Meeting Agenda April 23, 2019 – Page 25 of 699 Meridian City Council April 16, 2019 Page 20 of 21 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1823 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 10-A. If there is no discussion, Mr. Clerk, will you call the roll? Roll call: Borton, absent; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Second Reading of Ordinance No. 19-1822: An Ordinance Amending Title 1, Chapter 7, Section 5, Paragraph (A) (2) Of The Meridian City Code, Regarding Days And Time Of The City Council Work Sessions And Regular Meetings; And Providing An Effective Date. De Weerd: Item 10-B is a second reading for Ordinance 19-1822. Mr. Clerk, will you, please, read this by title? Johnson: Thank you, Madam Mayor. Second reading of Ordinance No. 19-1822, an ordinance amending Title 1, Chapter 7, Section 5, Paragraph (A) (2) of the Meridian City Code, regarding days and time of the City Council Work Sessions and regular meetings; and providing an effective date. De Weerd: This ordinance will be put on next week's agenda for the third and final reading. If anyone would like further information on this it is available online or we can ask Mr. Clerk to read it in its entirety. I don't see anyone jumping up and down to -- to hear that. We will go ahead and put this on next week's agenda. Item 11 : Future Meeting Topics De Weerd: Council, anything under Item 11 for Future Meeting Topics? I would like to remind you that Wednesday, tomorrow, is Well 22 open house from 4:30 to 6:30 at Bear Creek Park treatment facility. That's -- I think we all know where that is. We would love to see you out there. And there is an Easter egg hunt out at Kleiner Park at 10:30 on Saturday. Capital Community Easter Egg Hunt. This is something that is well attended every single year, like thousands. And our Main Street Market kicked off this last weekend with good attendance and so that runs from 9:00 to 2:00 every Saturday from now until Meridian City Council Meeting Agenda April 23, 2019 – Page 26 of 699 Meridian City Council April 16, 2019 Page 21 of 21 -- I think the end of September. That's all I had. If there is nothing further, I would entertain a motion to adjourn. Milam: Madam Mayor, I move that we adjourn. Little Roberts: Second. De Weerd: I have a motion and second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:56 P.M. 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