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HomeMy WebLinkAbout2008 03-24 SpecialMeridian Cit Council S ecial Meetin March 24 2008 The Meridian City Council Special Meeting was called to order at 12:00 P.M. on Tuesday, March 24, 2008 by Mayor Tammy de Weerd . Members Present: Mayor Tammy de Weerd, Keith Bii-d, David Zaremba, Charlie Rountree and Joe Gorton. Staff Present: Bill Nary, Tom Barry, Joe Silva and Jaycee Holman. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Joe Barton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Rountree' Madame Mayor. De Weerd: Mr. Rountree. Rountree: I move we adopt the agenda for the special meeting of March 24tH Bird: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Amended Agreement for Bittercreek Meadows: Nary: Madame Mayor, Members of the Council thank you. As you all know this has been a fairly long process, but we do have a signed agreement far you today. I did send the electronic version of the agreement. Mr. Jewett's attorney sent me a faxed copy of his signature so I do have that and it is ready for your approval. Just too briefly kind of touch on some of the issues on this and Mr. Barry can probably go into the specifics that deal with Public Works. The structure of the agreement if you have had an opportunity to review it. We have gone back and forth a couple of times, but this new amended agreement will replace all the prior agreements that we have had on this -the two, one in 2006 Meridian City Council Special Meeting March 24, 2008 Page 2 of 6 and one in 2004, this will replace those two agreements. Part of the conditions of this agreement is in the tort claims that were filed will then be subsequently withdrawn. We will replace a separate document for that so that we can make sure that that gets recorded properly and we will prepare that. But, that is agreed to in here that those are withdrawn so that we no longer have those to deal with. The original agreements that we had required that the city build, the lift station, in a shorter timeframe than what we felt was really appropriate for the city's use, this agreement basically the city will take over the water system here shortly and then the building of the lift station can be assigned so it can be built at a later time and built in a staged fashion so that the future growth can be contemplated for, but it doesn't have to be built at a larger regional size at the outset and that was a strong consideration by bath us and the developer to get this accomplished. There is some language in here that allows for same time delays_ Those are some of the issues that we have had in the past and there is same allowance for that based upon other agency delays, other weather delays, acts of Gad and those types of things -those abilities to set over those timelines if necessary. Maybe Mr. Barry could talk about the specifics on how this benefits the city and I would make a comment, too, Mr. Barry I think has been instrumental in getting this accomplished. I think in my work with Mr. Jewett, he certainly had some apprehension in working with the city. I think Mr. Barry has been a huge asset in getting this done by really focusing on what do we need as the city? And what would benefit us? But also what would benefit Bittercreek Meadows so that we could get this accomplished, get a lift station out in that area, which from an environmental standpoint is probably more of a positive than what exists today in lagoons. I just wanted to make note of that that Mr. Barry, I think, is really the reason we are here today getting this done. I think Mr. Jewett was willing to work with the city and there was just because of same issues that we couldn't get there and I think Mr. Barry helped us get that resolved. Barry: Thank you for your kind words, Mr. Nary. Madame Mayor, Members of the Council just briefly. The agreement would obligate the city to design a waterline extension from around the South Ridge development to the Bittercreek well and then along the frontage of Bittercreek. It would also bind the city to design of the sewer lift station and the pressure sewer line back to the city's stub near the South Ridge development as well. At that point, the city would be on the hook for construction of the booster of the sewer lift station rather, and the pressure sewer line at the city's expense. The sewer lift station would be designed at a minimum to accommodate approximately 50 units or 50 homes. Mr. Jewett would be obligated to construct the waterline extension and he would be eligible for reimbursement of that waterline extension per ordinances that are already set in place. This agreement does bind the developer for - or allows us to achieve a secondary source with infrastructure that is going in the South Ridge development and so there is some coordination that needs to happen there. So we may be speaking with Mr. Jewett again in the future about making sure that we can ensure that coordination occurs. Additionally, we would like to coordinate the construction of both the waterline extension as well as the pressure sewer Meridian City Council Special Meeting March 24, 2008 Page 3 of 6 line in addition to the sewer lift station and so this agreement accommodates that and puts timelines both on the city and for the developer to make sure that that is coordinated in the best possible manner for both entities, but certainly with time being of an essence to make sure that both of those pieces of infrastructure get put into place by the end of next year. So with that I will take any questians that may have. De Weerd: Council any questions? Rountree: Madame Mayor. De Weerd: Mr. Rauntree. Rountree: Tom when you talked about reimbursement particularly far the waterline was there a percentage indicated or that will be subject to future negotiations? Barry: Currently, we are understanding that Mr. Jewett and the city has is that it is under the current ordinance. So the percentages are based upon tables and depending upon pipe sizes and those sorts of things. He would be reimbursed according to the ordinance and one thing that is important and he has an understanding with myself and those in the city that the reimbursement would occur not as a lump sum, but as hookups take place. So he would be recouping his cost over time as people hooked into the system providing that the system could accommodate those hookups. Rountree: Thank you. Zaremba: Madame Mayor. De Weerd: Mr. Zaremba. Zaremba: The last thing you said before the question was that it would be done by the end of the year. Are you meaning the calendar year 2008 ar an irrigation year or --? Barry: No I am sorry, let me clarify Councilmen. It would be December 31, 2009. Zaremba: Okay, thank you. De Weerd: Any other questions from Council? Joe did you have any comment? Silva: Mayor I was just standing as a resource in case you had any questions pertaining to the fire flow. It seems like they have all been addressed given the size of the homes. The largest home out there, just to kind of give you a quick snapshot is approximately 8,400 square feet and the Fire Cade would require a Meridian City Council Special Meeting March 24, 2008 Page 4 of 6 fire flow of 2,000 g.p.m. -excuse me, 1,875 gallons per minute. So we have met that requirement. So this should be workable to address the fire flow issues. De Weerd: Very good. Well, Mr. Barry we appreciate all of your efforts. I think there has been certainly compromise on both sides to try and find an agreement that work for the city and meet the obligations that we made to the developer. So, Council any other questions? Zaremba: One more if I may? De Weerd: Yes. Zaremba: This agreement, if I missed it I am sorry. Probably also includes the city buying a conservation easement on a certain amount of property and what did the price on that end up being? Nary: Madame Mayor and Members of the Council, no the final discussion was basically the city was remitting a payment to Mr. Jewett, but was not reserving of that property. Zaremba: Okay. How much is the payment? Nary: $100,000.00 De Weerd: Okay anything further? You do have an agreement in front of you to take action on, so we would seek your action. Bird: Madame Mayor. De Weerd: Yes. Bird: I move that we approve the Bittercreek Meadows agreement with JL Enterprises and Bittercreek, LLC and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay, I have a motion and a second to approve the agreement. Any further discussion? Madame Clerk will you please call roll? Roll Call Vote: Bird, aye; Rountree, aye; Borton, aye; Zaremba, aye. ALL AYES. MOTION CARRIED. Meridian City Council Special Meeting March 24, 2008 Pac~e5of6 Item 4. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(f). Rountree: Second. De Weerd: Okay, I have a motion and a second. Madame Clerk will you please call roll? Roll Call Vote: Bird, aye; Rountree, aye; Zaremba, aye; Borton, aye. ALL AYES. MOTION CARRIED. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come aut of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 1:28 P.M. Meridian City Council Special Meeting March 24, 2008 Page 6 of 6 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE WE D, MAYOR ATTESTED: JAYCE DATE APPFZO~ '%,,~rffi. ~~ C~ ~ ~~o ~ c~ - S~1L - HOLMAN, CITY ALE 14 ~r 7 ~t 1~ ~~~ w~ti~~1'