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HomeMy WebLinkAbout2008 02-26 PreMeridian City Pre-Council Meeting February 26, 2008 The Meridian City Council meeting was called to order at 5:30 P.M. on Tuesday, February 26, 2008 by President Charlie Rountree. Members Present: Keith Bird, David Zaremba, Mayor Tammy de Weerd and Charlie Rountree. Members Absent: Joe Borton. Staff Present: Bill Nary, Jaycee Holman, Jeff Lavey, Ron Anderson, Steve Siddoway. Item 1. Roll-call Attendance: Roll call. X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Rountree: The next item is the adoption of the agenda. There has been a suggestion to move Item 4 to Item 3. A motion to that effect. Bird: Go ahead David. Zaremba: If I heard that last thing we are rearranging 3 and 4? Rountree: Yes. Zaremba: Okay I move that we adopt the agenda with Items 3 and 4 being exchanged for each other. Bird: Second... Rountree: It's been moved and seconded to adopt the agenda with Item 4 being moved above Item 3. All those in favor. Opposed same sign. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Update /Discussion on Covered Load Ordinance: Rountree: Item 4 discussion of the covered load ordinance. Madam Mayor if you want to lead that. Meridian City Pre-Council Meeting February 26, 2008 Page 2 of 7 De Weerd: Sure I will lead it. The Treasure Valley Partnership has been talking about doing a region wide ordinance to look at covered loads both from a safety and an air quality perspective. About two months ago, I believe that we gave you an example that was obtained from Washington State, something similar that we could do and I sought feedback from Council. I did get positive comments to see how we could move forward and get those to Treasure Valley Partnership. Our staff was involved in looking at something that was more applicable to the State of Idaho and to this area. I believe that Emily was the one that really took the lead on that, brought her example back to Treasure Valley Partnership last month and we were asked to then take it to our very respective Council's and Commissions. So that is the ordinance in front of you today and I will turn this over to Bill. Nary: Thank you Madam Mayor, Mr. President Members of the Council. I think there was apoint -- I think over the last month that we were curious the legislature appeared to be addressing this same issue on a statewide basis which ultimately would probably make the most sense if it were to be done. What we've found is that there was a bill that was drafted. It appears it was drafted at the legislative services office maybe at the direction of a legislature but it doesn't appear to be on the radar. Ms. Kane had been looking for this for this specific purpose for this discussion and it doesn't appear that it's on the radar anywhere at the legislative level and it's a little late to be introducing this type of legislation at this point so we don't anticipate anything of this nature coming in front of the legislature this year. Ms. Kane had drafted a proposed ordinance and had circulated that among the other attorneys from the other cities that are part of Treasure Valley Partners. I don't know today if -where that is in their stages of discussion. If you would like us to bring a -instead of just a draft that's in front of you but an actual ordinance in front of say your next workshop if there is room. don't think it would be a lengthy discussion but to actually just see the ordinance in front of you if you would like us to do that we could certainly prepare that for your March 11th meeting. Bird: Mr. President. Rountree: Mr. Bird. Bird: Bill I think that would be fantastic to bring it forward. I believe we have to do it on at least a regional. We can't do it by city by city it has to be a standardized deal. You would hope that -and maybe if we'll do it down here in this region they will adopt it by the state but you have got to have the same procedure. Don't get me wrong this is something that really needs to be done but it needs to be done practical and it needs to be done throughout this region at the minimum in my opinion. De Weerd: Mr. Chairman. Meridian City Pre-Council Meeting February 26, 2008 Page 3 of 7 Rountree: Madam Mayor. De Weerd: I guess that was the intention of each city and county to bring it back to the respective bodies. At last months meeting it seemed from first flush kind of like I gave to you all that everyone was on board and willing to push forward on adopting each individually the same ordinance. There will be a discussion at the Treasure Valley Partnership tomorrow to see how we proceed.. They did want to bring the BCA in next month to talk with the Treasure Valley Partnership on the intent behind this, answer any questions and that sort of thing. So do the due diligence to those that it would affect. This is kind of the intention as quite similar behind adopting something on the pseudoephedrine ordinance that we did in advance of the state as well. The state sees that there is a need and they just haven't been -they just haven't pushed the legislation needed forward. Again, we're looking as a region. This is something that has been in front of probably any of our municipalities and counties at any particular time certainly fatalities have happened because of what has fallen out of the backside of a truck and we can't just continue to wait for the state to address it. We did have ACHD also participate in the discussion last month and they have been trying to do something similar under their purview as the Highway District but they don't have enforcement mechanisms so they would like to be a part of this as well. Bird: Mr. President. Rountree: Mr. Bird. Bird: Mayor and I agree wholeheartedly but the biggest association I would involve too is the AGC. De Weerd: Oh and the AGC was interested. Bird: Because they handle the larger contracts that roads and stuff like that. The more people or association we can get into it there's going to be some fighting but you hit it right on the head it's nothing but a life safety issue. I can show you a nice chip in my windshield from yesterday going down the freeway from a rock bouncing off of a truck. De Weerd: I didn't plan that. Bird: I know. Anyway, I would make sure that the AGC and these other people are involved too. I think it's a great idea let's get it going before summer gets here. Zaremba: Mr. President. Rountree: Mr. Zaremba. Meridian City Pre-Council Meeting February 26, 2008 Page 4 of 7 Zaremba: I think it's an excellent idea. I don't know whether it would be of any value to ask the air quality board for their backing on it as well. The name sounds like the air quality board has a lot of responsibility. Their sole purpose is to do automobile emissions testing but they do often express their opinions on other subjects that relate to air quality since the name sounds bigger than the job. I don't know if there would be any value to ask the air quality board if they want to get on board and say at a boy or not. De Weerd: Mr. President. Rountree: Madam Mayor. De Weerd: I guess as a member of the Treasure Valley Air Quality Council they are aware of this and certainly fully support it. It never hurts to get as many endorsements as possible that I guess you as the decision makers would - we could kick off - kick I meant -check off a number of stakeholders not kick them off but certainly the decisions lie with the cities and the two counties and it sounds like everyone is moving forward with a unified front wanting to do the due diligence to make sure that the stakeholders know what the intent and the reason behind it or give them a purview instead of having to go to each individual City Council Meeting to voice their concerns. Give them one place to really have that dialogue.. Also just another point since you brought up Air Quality Council the Treasure Valley Air Quality Council is working with our staff Emily and I believe the Planning Department to look at vapor recovery and how we can promote those kinds of improvements on any new developments that are coming forward so that when the negotiator rule making on vapor recovery takes effect we don't have to go back and retrofit even more than is necessary. If we stop requiring those improvements to be done with any of the gas stations that are approved from this point forward we can save the tax payers or whoever ends up paying it a considerable amount of money. So we are looking at how we can be proactive before we have to be doing it how we can be enforcing that expectation now and we'll bring that to the workshop as well. Rountree: I have a few comments on this. A little history I think it was five years ago covered loads legislation four or five years ago actually got into committee, was debated and was resignedly defeated for a number of reasons most of which were special interests concerns. I think it's a good idea. I have some concerns about this particular wording. I would say Item paragraph 3 I think we need to define what covered is and the last sentence says covered load -covering of such load is not required if six inches of freeboard is maintained within the bed. If in fact this ordinance is the achieve air quality the load needs to be covered whether it has freeboard or not. It's particulate matter that's an air quality issue. It's the fine matter that comes off that gets ground up by the tires on the roadway that becomes the air quality problem. So if we're going to cover loads lets cover loads. You can see covered loads today going down the highway in the name of ACRD trucks and they are all covered but when they are hauling fine material Meridian City Pre-Council Meeting February 26, 2008 Page 5 of 7 you can see that mist of fine material coming out from underneath the covers they have all adding to the pollutant or the particulate pollutant burden we have. The solution to that is probably not inexpensive and retrofitting might be more difficult. I will give ACRD credit that their whole fleet has a cover on every one of their rigs. That's one issue. The other issue is it would be paragraph 4b in that the tracking of material off construction site is actually covered under wastewater pollution discharge and that kind of permitting process. These vehicles on construction sites in an area our size I believe are to be washed and that material is to be removed before they enter the roadway. Our biggest problem I believe is that area that is exempt and that being the agricultural folks that during beet season and anything, corn harvest and all of that you're driving on a dirt surface on many roads in our county. I don't know how you approach that other than watch the agricultural transition out or somehow work with the agricultural community to say lets figure out a way to get those trucks from tracking all that mud back on the roadways again ultimately is an air quality problem. And will be a sticking point on this if there's not anything in here and I think there was but can't remember for sure an exemption for agricultural. De Weerd: There is. Rountree: There is. Yes that's what I thought. So anyway those are my comments on it. I think it's something we all need to do together and I agree we have to have one unified ordinance or there's no way anybody can enforce this thing. Bird: Mr. President. Rountree: Mr. Bird. Bird.: I agree wholeheartedly and I don't know what we would do on the beet trucks or the any of the field trucks coming out it's going to be - I believe this construction site Boise passed it at one time you had to have your trucks clean coming out. I don't think Meridian did and I don't think Nampa did. That's why we have to do this in a regional thing and make - and I think you have to put some bit into it. Don't get me wrong we're going to have a truly, truly battle. The legislature found that like Charlie said and I believe they went back when I -I've been retired for five years and I know they went back even when I was there I remember going to AGC meetings when they were trying to run some of that stuff through before that probably in the 90's. I feel that we just can't back down on it. It's got to the point where there's so many more trucks on the road than there used to be and stuff that -and it's becoming a life safety issue in my book plus air quality. De Weerd: Mr. President. Rountree: Madam Mayor. Meridian City Pre-Council Meeting February 26, 2008 Page 6 of 7 De Weerd: I appreciate your comments and the supportive comments. I would state that it has been suggested that they do see that there is a responsibility. There are some concerns that they also have said if one city passes it we all might as well because they're not going to be covering and uncovering from one jurisdiction to the next so again, the unified front will go along way to realizing that responsibility to do the right thing. I appreciate that again the support but also it is a regional thing and I believe that there is intent to look at this on a regional basis and move forward all together. Rountree: If there is no other discussion on Item 4 - De Weerd: We'll bring it back. Rountree: You have information Mayor to continue on the meeting what tomorrow as you were told. De Weerd: Yes. Item 3. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (fl - (to consider and advise its legal representatives in pending litigation): Rountree: Our next item on the agenda is an Executive Session. Bird: Mr. President. Rountree: Mr. Bird.. Bird: I move that we go into Executive Session as per Idaho State Code 67- 2345(1)(c)&(f). Zaremba: Second. Rountree: Moved and seconded to go into Executive Session. Roll call vote. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: ALL AYES EXECUTIVE SESSION Rountree: Motion to come out of Executive Session. All those in favor. Opposed. Same sign okay we're out of Executive Session. Meridian City Pre-Council Meeting February 26, 2008 Page 7 of 7 MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: I need a motion to adjourn. Zaremba: Mr. President I move that we adjourn the Pre-Council Meeting. Bird: Second. Rountree: Been moved and seconded to adjourn all those in favor. Opposed same sign. We're adjourned. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE RD, MAYOR DATE APPROVED \\\\\\\\\\~~,,,,, r tr r r r r r,r,,i,,,~//'', ~~~ ~ ~~ o '~' ATTESTED: ~ ~~~ JAYCE HOLMAN, CITY CL-=.;~R ,~ "`ANT ~