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HomeMy WebLinkAbout2008 08-19Meridian City Council Special Workshop Meetin4_ August 19.2008 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, August 19, 2008, by President Charlie Rountree. Members Present: Tammy de Weerd, David Zaremba, Keith Bird, Joe Borton, and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Will Berg, Tom Bany, Keith Watts, Clint Dolsby, Jeff Lavey, Steve Siddoway, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Rountree: I will open this evening's special meeting of August 19th, 2008. I will start the meeting with roll call attendance. Item 2: Adoption of the Agenda: Rountree: Thank you. And welcome, everybody. The first item on the agenda is the adoption of the agenda. Borton: Mr. President? Rountree: Joe. Borton: Move we adopt the agenda as published. Zaremba: I believe there is a request to modify No. 7, the Executive Session, and delete item J. Rountree: That's correct. Yes. Zaremba: A little tiny note down at the bottom. If the maker is including that, I will second the motion. Borton: Yes. Meridian Clty Council Special MeeUng/Workshop August 19, 2008 Page 2 of 101 Rountree: It's been moved and seconded to approve the amended motion. All those in favor? Measure passes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 3: CONSENT AGENDA (a) Longitudinal Pipeline Encroachment Agreement with UPRR for $20,870.00 (b) 2008 SRO Agreement: (c) K2 Construction Change Order No. 3 for Water Division 2 for existing contract for $3,557.06 (d) Community Recycle Fund Application for Meridian Academy for Library Furniture Rountree: Consent Agenda. Questions? Zaremba: I move we adopt the Consent Agenda as published. I would make note that item A for an amount of 20,870 dollars and item C is for an amount of $3,557.06. Borton: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Roll call. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I'm sorry, I guess I thought it might have been noted on your agenda. We did have a request from our Public Works Department to move the discussion on Meridian Heights and the Leisure Lane, I believe to towards the beginning. I believe there is a number of employee -- or neighbors here that maybe we don't want to bore them with the rest of our agenda, but -- or maybe Clint thought we might bore them with our agenda. I don't know which. But if the chair would consider moving that up at some point within the agenda, that would be appreciated. Or at least that was the request. Correct? From Public Works. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 3 of 101 Holman: Madam Mayor, I apologize, I thought that they asked to just move it before the rate fund presentation, so I moved it up there. De Weerd: I think any movement was appreciated. Holman: Okay. Barry: Madam Mayor, that's correct, the way it is reflected on the agenda is the way we had hoped it would be in its delivery tonight, so we appreciate that. De Weerd: Okay. Rountree: Thank you, Mayor. De Weerd: Anytime. Since it's not me running this meeting, I have to give my two cents. Went down from ten. Item 4: COMMUNITY ITEMS /PRESENTATIONS: (a) Update from Petra on New City Hall Building Rountree: Yeah. Went down from ten. Next item on the agenda are community items. Presentations and update from Petra on the new City Hall. Gene? Bennett: Thank you. My name is Gene Bennett, I'm with Petra. 1097 North Rosario in Meridian, Idaho. You have before you the monthly report for the month of August. The report was prepared three weeks ago, so things have progressed quite a bit schedulewise since that report was prepared. The project is still on schedule. The budget remains the same as it was in December. And we are -- we will go through in detail now the monthly report, starting with Jack on schedule. At the end I'd like to close with a few updates on things that are coming up, so that you can be prepared for that. Jack. Rountree: Jack. Borton: Mr. President? Rountree: Mr. Borton. Borton: I'll pose the question and whoever gets to answer it can answer it. Just update me on the timing of completion of the project, the LEED clean out, testing period or move in -- and the move in. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 4 of 101 Bennett: The Reader's Digest version is that we are ready for punch list the first two weeks of September. The last two weeks of September we will be completing those punch lists. For two weeks of October everybody will be out of the building, except for the computer man that's going to be hooking up -- hooking up wires and we will be blowing the building out for those two weeks and, then, occupying the building takes place on 10/15. Borton: The start of the move in? Bennett: That's correct. Borton: Okay. Rountree: Thanks, Gene. Watts: Excuse me. I believe that's 10/16. Right, Gene? 10/16? De Weerd: No. I believe it was 10/15. We have it on the public record. Rountree: We will hold him to it. Vaughn: Well, I will just tell you that we were 20 minutes ahead of schedule, Madam Mayor, but now I'm 23 hours and 40 minutes late, so -- my name is Jack Vaughn. I'm with Petra. I'm the Senior Superintendent on the Meridian City Hall Project. I'd like to review the schedule. You'll find that in section two of our booklet and as Gene indicated, the red line is added as of the first of this month and you can see we were progressing well and we are right on schedule with this. Flooring is actually proceeding well. We have got carpet down on first and -- most of first and most of second currently, so our flooring is actually proceeding a little further ahead in September, because we have accelerated the schedule a little bit to allow us more time for punch and commissioning. You can see on the top line there the overall project is 93 percent complete. The last line, the move in, 10/15. De Weerd: 10/15. Vaughn: 5:01 in the evening. No. If you will proceed to the next page, that is our monthly breakdown, a little bit more succinct with our progress and, once again, we are right on line with everybody -- everything in here. Carpet this week is going down on second floor. We plan on progressing to third floor as soon as we finish that. I mean blinds are going in. Drywall punch. Flooring. The sheet vinyl is down. Hardware, doors are up on third floor and hanging, and we are finishing up with the hardware on those doors. We have already started our completion list, which is like a preliminary punch list that Petra creates to go around and say, you know, that screw is missing on that hinge and so forth. So, we are progressing well. And, then, the next section Meridian City Council Special Meeting/Workshop August 19, 2008 Page 5 of 101 involves our site work and it's broken down, as you have seen in the past, Meridian Road shape is the top half there, that main line across the top, gives us our total duration. Kind of breaks down each one of the individual tasks as we go through lines three through 12 and it continues through that same process. The Broadway streetscape which we have -- I'm sure you have noticed, we have tom down our fence and beginning to do our ACRD work along there, getting ready to lay curb and so forth. So, that's progressing on schedule. The Heritage Building is the next section, next page, starting with line 32. That duration we will finish right at the first of October and that's progressing well. We have got the ceilings in. Mechanical is going in. Roof is a couple days from actually being completed. Block work -- all the block work and brick work is complete on the outside of the building. It's beginning to take shape. It's really looking good, I believe. Plaza in general, the streamside features and all that -- it may not look like we have made much progress in a few weeks, but we are doing a lot of the little things you need to do to keep the right sequence. We have been actually back- filling and plastering the building. We have had quite a bit of discussion on the finishes of the -- of the exposed foundation and the wall over around the dumpster. You look now, it's pretty well completed, so now we are able to start back-filling and doing those final grade issues. Getting the last of our underground utilities in. And we will be accelerating the utility work to the east parking lot, that bid package coming out, but we need to go ahead and get utility lines in now, so that we are not going back and tearing up our pavers and so forth. So, we are getting ready to do that work in preparation for that bid package coming out. That completes my presentation. Be happy to entertain any questions. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: So, Jack, when does -- I saw that the design was supposed to be done on the east parking lot August 4th. So, do we have it out to bid? Vaughn: Yes, ma'am. It went out to bid the 14th or 15th, Tom? And the bids are due on the 28th of'this month and I believe it's -- Keith will help chime in. I believe we plan on bringing that to the board on September 2nd, the first Tuesday after that presentation or that -- receiving the bids and we have got slated to start September 8th for construction. I must remind the board, though, that's dependent on some issues still with our DEQ and our soil cleanup and recommendations from DEQ and also ACHD comments that are still out pending and being incorporated into current plans. But we have put the bid package together trying to anticipate those two issues. So, I believe the only thing that would keep us from going to construction on the 8th would be ACHD comments or the DEQ recommendation from the contractor that the board selected, which is Terracon. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 6 of 101 Watts: Madam Mayor, Council Members, I do expect to hear back from Terracon tomorrow. I spoke with Curt Priebe this evening, he -- or earlier this afternoon. He was going to meet with DEQ today and hope to have a go ahead for us to start cleanup tomorrow. So, I will -- if I don't hear him by noon, I will be making a call to Terracon. De Weerd: Okay. Thank you. Rountree: Thank you. Any further questions for Jack? Thank you. Vaughn: Thank you. Rountree: Tom. Oh. Okay. Vaughn: Sony. Our LEED presentation will be by Adam. Rountree: Okay. Adam's back with us. De Weerd: Nice to see you back. Johnson: Madam Mayor, Members of the Council, just run you through the LEED, since Nick wasn't able to be here tonight. Kind of our same routine, the point standings, pretty much know it by heart now. Commissioning, we are still continuing on. I don't know if you guys have had a chance to meet Martin, our new commissioning agent. Very savvy individual, lots of projects under his belt. He has taken it by the horns and getting us through our documentation on that. So, the benefits of that, you guys will notice once you get in the building, right off the bat, no problem. It's a great way to go. So, that's going, the paperwork is following. IAQ is still a hot item, especially with all the finishes, paints, sealants in the wood and all that kind of stuff, track and make sure everything meets the BOC compliance. And, then, we are getting down to our building flush out, like Gene had mentioned earlier, where we do the two week flush out and, then, replace the filters and turn it over to you guys and, then, it's you guys from there, so -- De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Did you do the test on the third floor? Johnson: Yes, we did. We were at 9.4 percent. Don't quote me on the point. Point three or point four, somewhere in there. So, within passing. So, we are getting the final numbers put together on that and the final report and, then, they are going to work on an innovation in design credit for the under floor system, so to explain the benefits of that and the exceptional performance that we have been able to get out of it. So, kudos to the team for doing an awesome bullet proof system on our air testing and quality of Meridian City Council Special Meeting/Workshop August 19, 2008 Page 7 of 101 that floor, so -- and, then, the last page on section three is the recycled content to date. We are still right on our rock of 80.4 percent. I don't see anything drastic changing here. We are on the tail end of it. Probably have one more metal bin and a couple more with hardboard and plastic and miscellaneous. So, right there, but pretty impressive that 80 percent has been diverted, so -- with that, any questions you guys can hit me with? Rountree: Questions for Adam? De Weerd: We should have some. Rountree: You may just want to hit him. I don't know. Johnson: Okay. Now I'll tum it over to Tom. Rountree: Thanks. Coglin: Madam Mayor, Council Members, Tom Coglin, also with Petra. Financially, as Gene indicated, the budget hasn't changed since December. We are holding steady at the 20 million -- 20.42 million. Currently phase two and three, the building phases, are approximately 93 percent complete. Phase four, the plaza, is 42 percent complete. There were a total of eight change orders approved in July. Sixteen are pending additional action by the city, LCA, or the contractor. The one budgeted item that will come up with the bidding is what we are calling the east parking lot, phase five, there will have to be a budget allocation for that. So, I assume that will have to be addressed. Flipping to section four, the overall budget, as I indicated, there is really no change in the bottom line. Certain line items have been adjusted as the work is allocated to the various contractors. The second two pages show how that allocation has been accomplished through the change order process to the various subs. The~changes are the ones approved in July, are in the dark print and at the bottom of page two that will get you to the total of the uncommitted contingency, the balance remaining. Page three is a projection based on what we know today for August for where it's headed. Any questions pertaining to the budget or for progress? Rountree: I don't see any, Tom. Thank you. Gene, you wanted to wrap up? Bennett: Again, as I mentioned, that punch list will occur during the first two weeks of September for the city. Those walks will be scheduled by Keith and you will be getting notified on those. There is one last item that I'd like to cover and that has to do with exterior signage and Will will present that. Are there any other questions for me before I tum it over to Will? Rountree: No. Thank you. Will. Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 8 of 101 Berg: Mr. President, Madam Mayor, Members of the Council, you have on your place setting with some other papers is a proposal, the RFP that we received at 4:00 o'clock yesterday. We received only one .proposal for the sign package and you have it before you. There is a couple things we can do. We can have you look it over very carefully, if you don't have any problems with that proposal, we can accept it and go with what was proposed and the prices that they quoted or you can look at it and if we need some other little design changes or additions or deletions, we can take it back to them and negotiate that. I think that's kind of what -- the couple options we have, unless Keith has something else to add. Watts: Yes. We are looking for direction from Council and Mayor to move forward with an award and with the authority to negotiate with the selected firm, the only one that proposed in this case, and if you have any minor changes or anything that you'd like to see, you can let Will know and we can work through Will to get the -- any changes made that you'd like. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: In the pictures there are several of them showing the front of the building, the east elevation, and at the very top over the doors, what would be approaching the roof line, some of them just say City Hall, but the last page shows Meridian City Hall. I was kind of hoping that the choice would include Meridian. Have we made a decision as to which way we are going? Berg: Mr. President, Madam Mayor, Members of the Council, I have not made any decisions. That's what we are here for you to give us direction. If you look on your proposal, they broke it out several different ways, so we could take a couple options. The numbers above the door is pretty much standard requirement for the fire department and so above the doors on -- above the third floor we have the option of just City Hall, our logo with Meridian City Hall, or going even in a different direction if you don't like that proposal. Zaremba: I, for one, would like to have Meridian as part of the sign on the face of the City Hall. Berg: Mr. President, Members of the -- Zaremba: Page five of five. Berg: Madam Mayor, Members of the Council, these -- the ones above on the building, above the third floor, is non-illuminated. We talked about even having some -- maybe some lights shine up there or making even a totally different illuminated signage. But Meridian City Council Special Meeting/Workshop August 19, 2008 Page 9 of 101 there is that option. If you looked on the first page, there is an option of -- of those kind of -- those kind of things. So, the direction, just point to us what you'd like to have, that or that, and we will begin negotiations and work with them to get those signs ordered. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Will, what you're asking, do they want the illuminated or do they want the logo with -- because the one on page five of five is not lit, whereas the one on page two of five would be lit. Is that correct? Or are they both lit? Zaremba: Halo illuminated -- it sounds like it's lit. De Weerd: One of the reasons I guess we wanted both is City Hall could be lit -- page five of five, we didn't know if you wanted the city of -- or the Meridian, Idaho, logo, because it could change in the next one hundred years, if the last four is any indication. Zaremba: Mr. President and Madam Mayor. Rountree: Mr. Zaremba. Zaremba: I wasn't so concerned that it be the logo, I would like at least Meridian, Idaho, to be part of the City Hall sign at the top of the building. And I agree it doesn't need to be the logo, but I think it should be say~Meridian City Hall, not just City Hall. Berg: Mr. President, Madam Mayor, Members of the Council, same font, just Meridian City Hall? Zaremba: That would work for me. Rountree: Any objections? Support? Zaremba: Do we want that halo illuminated as well? Rountree: That would be my preference. Zaremba: It would sound good to me. De Weerd: Okay. Rountree: There you have it. I don't see a number here for that, but gives us a number. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 10 of 101 Berg: We -- if the direction from the Mayor and Council is to go that way, we will. The monument sign okay? Zaremba: Uh-huh. Berg: The lettering on the wall to give the address is okay. The letters above the door is okay. And, then, we will work on Meridian City Hall illuminated on -- above the third floor. Rountree: Correct. Berg: Above the entrance. De Weerd: Mr. President? Rountree: I just -- we have two doors into the entry. Do they both have to have the same address on it? Can you like center it? Berg: Madam Mayor, my understanding was they took direction from the fire department. If the fire department only requires one address somewhere there, that would sure cut in the price and we could make it look good. So, we can negotiate if you'd like. De Weerd: If you would negotiate with our fire department to go with one address. Niemeyer: Yes. De Weerd: Okay. Very cool. I like that kind of negotiation. Berg: Mr. President, I know Councilman Bird just got here, but if we wanted to look at our signage and if he has any other comments, I could go over it with him tomorrow, which you guys directed to do. Rountree: Please do. Any further directions? Do we need a motion to give you that direction? Watts: Yes, please. It would be requesting authorization to negotiate and enter into a contract for and not to exceed 45 -- say 46,000 dollars. Bird: Just round it off, uh? Watts: We will be -- Borton: So moved. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 11 of 101 Zaremba: Second. Rountree: It's been moved and seconded to accept and authorize the bid with the amended changes. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Berg: Thank you, Mr. President. Rountree: Thanks, Will. (f) Award of Bid and Authorization to purchase: Bid # CH-08-001 for City hall Furniture Watts: Madam Mayor, Council Members, we have the fumiture package that also goes along with the new City Hall. It's at the end. I don't know if you want to bring them up and have them go now as well, please. Rountree: Please. Watts: Okay. Kara or Elizabeth. Rountree: Kara is going to do it. Okay. Moser: Good evening, Madam Mayor, Council Members. My name is Kara Moser, I'm with LCA Architects. We also have Elizabeth Henson and Keith Christensen with us this evening. We are here this evening to present the final fumiture upholstery and to get approval and, then, to also get approval on the Mayor's suite and the fumiture and upholstery for that as well. I will go ahead and start with walking you through the floor plans and showing you where these upholsteries will be used and on the fumiture that it will be used on. Okay. We will go ahead and start in the City Council chambers. In this area we have got the City Council seating, which we had approved in the previous meeting to be this mocha and it's an environmentally friendly vinyl that we originally approved. This is also being used at the City Council conference and also on the third floor of the executive conference and the Mayor's suite. I do understand that in the Mayor's suite that we will be changing to a black upholstery. Also, in the City Council chambers we have public seating, which we have two different chairs, one with arms and one without. Both of those would be covered in this upholstery here. And, then, moving to the second floor, we have some lounge seating that is in the lobby of the fire department and parks and rec that's shared there. Upholstery for that seating has not been yet selected, but, however, that will be selected in the same color pallet as what Meridian City Council Special Meeting/Workshop August 19, 2008 Page 12 of 101 you see here, in probably a geometric pattern to go along with the design of the rest of the building. Across from that in the lobby in the mezzanine there, we have some sectional bench seating, which you can see here, and we have that covered in a -- again it is an environmentally friendly vinyl, which is very cleanable and washable. De Weerd: And just to clarify, that's for LEED certification points as well. Moser: Yes. De Weerd: Just to let you know your environmentally friendly fabric is also for LEED. Henson: This is Elizabeth Henson with LCA Architects. That fabric is low VLC, but we can actually get a point for it. Moser: This is the same product as used on the third floor in the gallery space. It's kind of an S shape with that same seating in the vinyl and, then, across the hallway right before you enter the Mayor's apartment, we have a small bench seat that would be covered in this lighter fabric here. So, you will notice that we have got a dark mahogany wood that goes with the rest of the building throughout the chair rails, doors, and, then, these two upholsteries there. De Weerd: Kara, that is in the -- the art gallery? Moser: Yes. De Weerd: Okay. Moser: That is correct. The art gallery. And, then, in the department lobbies -- each of the department lobbies will have some side seating or guest seating and all of those will match, but we are proposing this upholstery here, again, with a darker wood and, then, throughout the departments we have offices -- office side seating and apartment conference room seating. We are proposing this upholstery on both of those seats. So, we will not be using this upholstery here that you see. Moving into the Council -- into the Mayor's reception, we have some lounge seating there and this is the upholstery that the Mayor has selected and, then, in the Councilmen's office -- offices, there is a small lounge area there for breakout meetings and we have some lounge seating there as well in this upholstery and wood finish. And, then, we would like to go ahead and get final approval from the Mayor on the upholstery for her seating, so I will go ahead and come up there and present that. De Weerd: Mr. President? Rountree: Madam Mayor. Meridian City Council Special Meetlng/Workshop August 18, 2008 Page 13 of 101 De Weerd: You know, Kara, I am not a very good designer, so I trust whatever you have. Moser: Okay. We have made a few recommendations. Do you just want us to present that or -- De Weerd: I believe that Keith showed me that earlier today and at first I was a little stunned, but I think it's okay. Moser: Was there one that we need to --there was one we needed to -- De Weerd: Okay. Moser: Okay. Very good. So, at this time we'd like to go ahead and get approval on those upholsteries if we could. Rountree: Keith. Watts: Madam Mayor, Council Members, we opened our fumiture bid -- I don't have the date on here. Let me look here. On the 15th of August. Correct. And we had three bidders. Two of them were in the running and it ended up our low bidder, who was 1,161 dollars lower than the second low, did not bid per the specifications. I did go over and meet with legal and verified that -- because I was concerned of having a protest by the second low and Ted had advised me to go with the second low, as the first low did not bid per the specifications. So, we will notify them. The second low bid was 220,551.. These were bid as unit prices, so that could vary when we come down to final order, when we order for the exact cubes that go in. We will double-check everything. I am guessing that that number will drop down, but I would like approval for 220,551 dollars for the cube fumiture and, then, for the miscellaneous chairs and the hardwood fumiture, the bid was 28,619 dollars and I also believe that could vary -- that could go up another 5,000 dollars. So, I would like a little leeway on there to maybe go to 35,000 dollars. Those are also item priced. But my request would be to enter into a contract with Intermountain Design for the not to exceed amount ten percent was 242,606 dollars. I will be watching that and we will order only what we need and per unit prices. Bird: Who is the 35 with? Who is the 35 with? Watts: Excuse me. What was that, Mr. Bird? Rountree: You mean 35,000 for -- Bird: Thirty-five thousand, not to exceed. Who is that with? Meridian City Council Special Meeting/Workshop August 19, 2008 Page 14 of 101 Watts: That was -- they were Intermountain Design. They were the low bidder on both those. Bird: So, what -- what you're wanting is 245 total -- 245 total; right? Watts: Correct, sir. Correct, sir. Bird: Okay. Watts: Two fifty-five. Excuse me. Bird: Two fifty-five. Watts: Two fifty-five. Bird: That's what I was going to say. Rountree: Any questions for Keith? I have a request if you need additional information, we will get that, but we need to get this order placed if we are going to make that October 15th deadline. It's going to be tough as it is. Bird: Mr. President? Rountree: Mr. Bird. Bird: If I don't hear anymore discussion, I move we enter into a contract with Intermountain Interiors with a not to exceed price 255,000 dollars. Zaremba: Second. Rountree: It's been moved and seconded to award the bid in the amount stated. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Watts: Thank you, Mayor and Council Members. Rountree: Next Item on the agenda -- De Weerd: Mr. President? Rountree: Madam Mayor. Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 15 of 101 De Weerd: I guess before we move off and seeing LCA here, did we have some resolution on two different items? One would be the -- the Union Pacific Railroad encroachment for the landscape design and fencing and the second one would be to the plaza -- whatever plaza changes are needed in response to the MDC and the tree issue. Christensen: Madam Mayor, Members of the Council, my name is Steve Christensen with LCA. To answer the Mayor's question, on the first one regarding the Union Pacific right of way, in discussion with legal we are able to capture an additional five feet of right of way, such that we can have landscaping -- landscape buffer between the back of curb and the -- and the proposed fence there. Right now we don't -- we do not have a selection on the type of fence that we are going to -- that we are going to put there. I know Petra, in reviewing e-mails, they have provided I think three or four -- probably four different options of fencing with proposed costs associated with each one and is awaiting for decision on the type of fence, so that can go ahead and get incorporated into the project. De Weerd: Okay. And who has those? Watts: I have those, Madam Mayor. They came either last night or today, I don't remember. Christensen: They came today. Watts: I think I got them this afternoon. But I will get those to you tomorrow for you to take a look at. De Weerd: Okay. Christensen: And, then, on item number two, as far as revisions to the plaza to incorporate the additional pavers to back of curb on Broadway as requested by the MDC, Meridian Development Council, we did go ahead and prepare that revised plan and send it off to Shaun Wardle and he met with his committee and they went ahead and approved that. So, basically, it's pretty much how we discussed that morning at the meeting, extending some pavers out the back of curb and also extending some additional concrete out and around the clock. So, they accepted that and we were able to delete the three trees. De Weerd: So, all taken care of? Christensen: All taken care of, yes. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 16 of 101 De Weerd: And just, finally, the Zamzows property line issue and design how we deal with the drainage. Christensen: Right now I just received from Petra today -- or this afternoon some -- what the existing grades are, both on Zamzow's property -- existing grades on the property line and we are going to go ahead and send those over to our civil engineer and landscape architect to come up with a little keystone retaining wall there to get the water to stay on our property -- on the city's property and, then, also provide a little catch basin, if you will, on the Zamzow's property at the low spot. That will take care of the Zamzow's drainage. De Weerd: The drainage we have historically been accommodating? Christensen: Correct. So, that's all in the works, but we don't have -- we know a solution, but we don't have it down on paper yet, but we are proceeding accordingly to get that taken care of. De Weerd: Okay. But it's not causing any delays in the plaza? Christensen: Not to my knowledge, no. De Weerd: Okay. Okay. Thank you. Christensen: Thank you. Rountree: Thanks, Steve. Any further questions on City Hall? Berg: I'm sorry, Mr. President, we did -- Rountree: Will has some more information for us. Berg: We just want to make a clarification, by awarding the bid to Intermountain Interiors you are accepting the proposal -- the recommendations from LCA for the interior upholstery design on the chairs? De Weerd: Uh-huh. Rountree: I believe that was the intent. Berg: We just want to make it clear, so they can proceed on. Thank you. De Weerd: They are the designers. That's confidence, Kara. (c) Presentation on Clean Air Zone Idaho Program/Smoking Policy Meridian City Council Special Meefing/Workshop August 19, 2008 Page 17 of 101 Rountree: Next item under item 4-C, presentation on Clean Air Zone, the Idaho program, and, Amy, are you here? Yeah, she's here. Holman: Madam Mayor, Council Members, and Council President Rountree, it looks -- we have item B. I don't believe we discussed that yet. Rountree: Oh. You're correct. We did not discuss janitorial services. Keith, don't run away. Okay. Sorry, Amy, we will preempt you for just a bit. Actually, let's go ahead, Amy. De Weerd: Because I think Tom was doing the presentation. Rountree: Okay. Luft: Madam Mayor, Members of the Council, I'm Amy Luft with the Department of Environmental Quality, 1410 North Hilton in Boise, and I appreciate the opportunity to talk to you tonight about Clean Air Zone, which is Idaho's anti-idling program. I'm sure you're all very well aware of the air quality issues affecting the Treasure Valley and looking primarily at ozone issues in the summertime and particulate matter issues in the winter and the primary human cause -- reason for both of those issues is the automobiles that we drive. There are a lot of ways to control emissions from our cars. Obviously, the most effective way is to simply get the vehicles off the road or having people drive less, walk, bicycle, take the bus. But we also do realize that we are a country of people who loves our automobiles and so we also need to work within that and work with people who are driving their cars to drive those cars more efficiently to help improve our air quality in that manner. There are a lot of ways to do that, simply to encourage people to do what we call trip chaining, to combine errands to make their trips most efficient. To car pool. To drive more fuel efficient vehicles. And, finally, to reduce idling when it's not necessary. And that's where our Clean Air Zone program comes in. Our Clean Air Zone is designed to assist communities, schools, and businesses in encouraging people to not idle their cars unnecessarily on their property. It is a voluntary program and it is a free program. When a community or school or business signs up for the program, we provide you with the tools and resources you need to help implement the program. We provide things such as signs, which looks like this: You may also have seen similar signs at your schools in Meridian. The Meridian School District, as an entire district, is a member of Clean Air Zone. The one difference is their signs have school buses on them. We also provide posters and I was pleased to see a poster as I walked in. I brought an example, but I don't need to show it -- as well as window decals and other things that you can use on your city property to help discourage people from idling their cars unnecessarily. Any combustion engine is going to pollute and emit pollutants, whether it's driving 75 miles an hour down the interstate or whether it's sitting driving zero miles an hour in a parking lot, for instance, waiting to pick up a spouse from work, to pick up a child from school, or waiting in a drive-thru. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 18 of 101 So, the goal of clean air zone is to encourage people to shut off those vehicles and not emit those pollutants. It's one very small piece of the puzzle, but it's one piece of the puzzle that helps us to prevent air pollution and improve the air quality in our area. If you wish to join Clean Air Zone as a community, all you need to do is simply fill out a form -- I brought copies of that with me, as well as additional information, and you submit that to DEQ and we provide you with the signs, posters, and window decals in the quantities and mixture that you need for your city property, everything from your new City Hall, city parks, any other city properties. If you wish to go a step further, you may wish to develop a city policy that discourages idling, that backs up the signs, or develop a city policy that states city employees, while driving city vehicles, will not idle. You also may wish to encourage businesses in Meridian to join Clean Air Zone. It is also free and available to any business that wishes to encourage people to idle on their ground, to get drive-thrus, parking lots, what have you. So, it's something I hope that you will consider.. It is a small piece of the puzzle, but it is something that we can all do and something easy for citizens to do, and it's also very visible, which is nice, because people see those signs and it helps them remember our air quality issues and remember that they can do some things to help fight those. Thank you and I will open the floor for questions. Rountree: Any questions for Amy? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess we had this as a discussion item today in our executive committee meeting at COMPASS and, you know, right now we have an opportunity to be pro active in avoiding non-attainment. If we have a good 2009 year, we can avoid non- attainment. And every little incremental piece is going to help add to avoiding that non- attainment status. So, I guess that we have been looking at the car pooling and van -- van opportunities. We have been looking at how to encourage alternative transportation forms when we get all 11 departments into the City Hall building, this would be just one more thing to add to what part we are playing in it, just as the vapor recovery that you adopted into the findings when we approved the Maverick. So, every little thing counts and we are looking to Council's comments and ideas on if this makes sense for city property at this point and so we can incorporate it into the new City Hall campus. Rountree: Comments? Questions? Zaremba: Madam Mayor? Rountree: Mr. Zaremba. Zaremba: I'm sorry. Mr. President and Madam Mayor. Meridian City Council Special MeeUng/Workshop August 19, 2008 Page 19 of 101 Rountree: That's okay. Zaremba: I'm very much in favor of it. I attended a meeting this morning put on by Boise Valley Economic Partnership, which probably was happening the same time as the meeting you were at, but the director of DEQ made the point that we are pushing non-attainment and we need to find ways to back off and any little thing will help. Certainly having signs round the City Hall would b helpful, but I would suggest that we might also to want have them in the parking lots of our parks, where people quite often idle waiting for somebody that's doing sports or something like that. I think there is a lot places of where we can put them. I'm in favor of it. Rountree: Amy, you mentioned some ordinances that the city could entertain. Do you have model ordinances that relate to those? Moser: With me here I have sample policies, a sample of a no idle policy on city grounds, and a sample policy for city vehicles. I do not have an ordinance here with me. However, I do know that -- I can't remember the town, a suburb of Spokane, though, recently passed a city ordinance and I'm in contact with the person working on that, so I could get a copy of that for you as well. Rountree: And if you would I would appreciate it and give us copies of your sample policies. Get it to the city clerk. It would be beneficial. And I agree with what Councilman Zaremba said, that I think we can -- we can start trying to do our part by making people aware that it is an issue and it sounds like a legitimate cooperative effort that we can undertake with DEQ. Moser: It is. And it's also something that is easy to do for the public and there is a body of research that shows that when someone does something -- takes a small step to do something positive, they are more likely to take a bigger step later, so this does also help kind of down that path of encouraging people to make larger sacrifices in the future. Rountree: So, Madam Mayor, you need guidance from the Council on moving forward with this or -- De Weerd: That would be my preference. Rountree: I don't know that we necessarily need amotion -- De Weerd: You don't need a motion, but I would like to see a consensus before we move down that road. Rountree: It's your last chance, Joe. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 20 of 101 Borton: Amy, it's great information and a great cause and I'm supportive of the policy behind it. Before I'd feel comfortable taking it to the stage of a city ordinance, my comfort level would be more empirical data on the results gained from that, the enforcement costs, and it just seems ripe for arbitrary enforcement and causing more problems than it might help, so -- I mean I like the idea, I like the sign and the awareness, but I'm a bit skeptical on some of the -- Moser: The program as it stands now is simply the signs and awareness and it's a voluntary program. The extra step of having the city policy is certainly up to you and the additional step beyond that of having a city ordinance is, you know, something further down the road that you can look at. You can, however, join the Clean Air Zone program simply by putting up the signs and having the awareness and deciding later if you want to take those extra steps. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: One step at a time. I'm not asking for the city ordinance, just policy at this point. Borton: Fair enough. De Weerd: You jumped ahead of us. So, you're just trying to get a couple more years under that one comment; right? Borton: It's a slippery slope. De Weerd: So, Council, I would assume that we should go ahead and move forward on the policy aspect of signing city properties and considering the employee and city vehicles, no idling policy as well. And that's something we can bring back to you once that policy is -- personalized. Moser: What I have now -- yes, I have it on a hard copy and on a CD, so you can simply download the policy, change it as necessary, and fill in the blanks and move forward from there. De Weerd: And I do have those packets as well. Moser: Okay. I knew you got some at the Air Quality Council. So, the packet that you have contains those two policies. De Weerd: Uh-huh. Okay. Thank you. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 21 of 101 Moser: Thank you. (b) Discussion of Janitorial Services for New City Hall Rountree: Thank you, Amy. You have our direction. Back to item 4-B. Keith, are you back? Watts: Yes. Rountree: Okay. Watts: Madam Mayor and Council Members, the question has come up whether we should hire in-house employees for janitorial or go out for a -- and hire a subcontractor. We have obtained quotes from three -- three different contractors and you can see those numbers up there on the board and we have also got with HR and got what was an appropriate way and put together what it would cost to hire either three or four employees to do that job. You can see the numbers up there. We did break it down by square foot. The dollars and cents of it show that -- as you can see that hiring the employees would be a --abetter bargain. I also have contacted several janitorial supplier companies and asked them their -- I asked their opinion on whether -- what are the cleanest buildings that they see, if it's in-house or contracted folks, and they to -- the two people that I contacted both told me that it was in-house that they thought were cleaner and one of them was adamant about it, that you will never have a cleaner building when you have in-house people that are there during the entire working day. So, we are just looking for Council direction on what you would like to see happen, either to move forward with the employees or subcontract out. Tom has some comments as well. Barry: Madam Mayor, Members of the Council, in all fairness, we want to scroll through the sheet to give you -- I don't want to do it yet, by to give you a full understanding of the cost estimates associated with our scenario. Again, up there you will see three employees on the very left, four employees, those are in-house. Subcontract one. Subcontract two. And subcontract three. From strictly a personnel standpoint, it seems very beneficial to utilize in-house staff, as opposed to subcontract or contracted staff. The story changes very slightly as you move down, because we have this divided out into personnel costs, operating costs, capital outlays, and, then, a total cost. So, what you are seeing there is personnel costs. If we scroll down to operating costs and capital outlays and, then, the total, you will see that the operating costs for in-house are a little bit higher than they were -than they are for subcontracts -- or contracted staff. Some of the vendors that we spoke to -- or the three vendors that we spoke to, having included some of the operating expenses in their original quote and, therefore, we subtracted those out of this initial cost comparison. What you will see here when you get down to capital outlays is that, essentially, under all scenarios, except the Meridian City Council Special Meeting/Workshop August 19, 2008 Page 22 of 101 subcontract number three, you know, the purchase of vacuum cleaners, for example, is -- it's something the city would have to bear. When you add up the capital outlay expenses, the operating expenses, then, also the personnel expenses, and you go down to the total, you can see that the total for three employees is certainly -- for in- house services is certainly less than all scenarios up there. Just as a comparison, if we brought on three employees, we would be talking about a cost savings over our current contract, which is subcontract one, of about 59,000 dollars. Under subcontract number two about 54,000 dollars. And under subcontract three about 28,000 dollars. That's under -- that's in comparison with the three employees, if we were to bring them on board. I will say that each of the contracted columns represent less service for the money and what that means is under the three employee and four employee scenario, we are talking about staff that works 2,080 hours per week per -- or, excuse me -- per -- that would be a lot -- per year, whereas under subcontract number one, two and three, we are talking about whatever the agency felt was the bare minimum to get the job done. So, that could be 20 hours a week per employee. It could be 45 hours a week. We don't know. But, generally, what we have been told is that the amount is less than 40 hours per week per employee under each of those subcontracted examples. So, with Mr. Watts' analysis and including that -- in subcontract three that there is no waxing of floors included -- there is less services provided in some of the subcontracts than what we would be able to provide utilizing in-house employees. The recommendation at this point is to move forward with bringing the janitorial services in house with employees. The square footages we are talking about -- in the buildings, they are about 30,000 square feet and police about 2,000 square feet and parks 10,000 square feet and the water department 3,600 square feet at wastewater facilities and, then, about 100,000 square feet for the new City Hall. One thing that -- to note here is that under all scenarios, except for subcontract three, even under the four employee scenario, it is far cheaper than -- you know, to have in-house employees, as opposed to the subcontracted employees. I will say that having four employees provides us some additional cross-over as relates to the building maintenance duties associated with City Hall and other buildings. You will notice -- you will know that we are moving forward with the building maintenance technician hiring. We have those scheduled for next week. However, we know that it is a tall order for any one individual to be maintaining from a building maintenance standpoint, not a janitorial one, 150,000 or so square feet of buildings and facilities. So, utilizing four employees does give us a little bit of additional buffer, provided that one of the employees brought on had a -- a mix of skills between janitorial and some handyman type of services. So, we are just looking for your direction at this point in time as it relates to moving this item forward. If you'd like us to bring back more information, we are happy to do that. Alternatively, if you direct us so, we can bring back budget amendments reflecting whichever scenario you'd like or continue under our current subcontract. My understanding is that the amount budgeted for fiscal year '09 is in the amount of the subcontract number one, so it's about 250,000. So, even bringing in four employees starting in FY-09 would save us on the order of about 19,000 dollars per year. So, with that we will stand for any questions. I'm sorry. Mr. Watts has additional information. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 23 of 101 Watts: Yeah. I also wanted to point out that I -- the suppliers that I contacted were providing LEED -- a LEED cleaning system -- a green -- a green building all the way through the entire janitorial process and with purchasing materials or equipment from these vendors, they also offered to come in and train the entire maintenance staff on how to use those green materials per the flooring and surfaces that we have in the building and the equipment as well. So, that will be provided by the supplier of our janitorial supplies. Rountree: Questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I'm attracted to the in-house parts of the solution and I, actually, have a sideways question about whether we have thought about something else. We have had a request from Valley Regional Transit to be able to hold their meetings in our conference rooms and I'm sure we will have other regional community meetings or even city community meetings request to use our building for meetings. Lumped under maybe a bigger category of custodial, they would need the room set up a certain way and, then, somebody would need to reset it back to the standard way. I am not aware that we have thought through how we would have non-city meetings or even all of the commissions and -- I imagine most of the commissions and committees would meet in the Council chambers. How we would accommodate the use of our conference rooms by non-city people and how they would be set up and who would do that -would the custodial janitorial staff do that? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: We have had a work group working on a policy for that -- Robert -- Robert can comment on the details. Simmons: Madam Mayor, City Council, right now what's contemplated - we have had a group put together a -- some policies that the directors are actually reviewing tomorrow, an operational meeting that would be brought to City Council for review. It's currently contemplated that anybody that uses the room, they are going to be responsible for setting it up and tearing it down and putting it back into the way it was. So, that's the current thought behind the policy. Obviously, that's one way to do it. Another way to do it is to charge a higher fee to utilize staff resources to do that, so that is definitely something that could be contemplated. I know there is a desire to not charge fees to other government entities that come in and do that, but it does beg the question if they Meridian City Council Special Meeting/Workshop August 19, 2008 Page 24 of 101 come in and they want the room set up, if -- are they willing to set that up or is that going to be incumbent upon the city staff to set it up and tear it down for those government entities. It's easier to tell somebody -- a homeowner group might come in -- you're responsible for that. It's a little bit more difficult to tell a bunch of elected officials you're responsible for tearing -- setting up and tearing down your room, you know, with their busy schedule. They always don't have time to do it. So, it is contemplated, but with in-house services it does make it a possibility to have people that would be there to help facilitate that process if need be. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just to continue the example of Valley Regional Transit, they would also need an audio-visual set up and plug in a tape recorder to record the meetings. They typically have a side table with pitchers of water and juice and cookies. Are we -- De Weerd: They can do that. Zaremba: -- being able to do that kind of stuff? De Weerd: They can do that. Zaremba: Okay. Simmons: All that's being contemplated into whatever is put together. But if they have juice and it spills and it goes onto the floor, who is going to be the person that's going to be responsible for -- for cleaning that up or fixing it? I mean there are costs associated with all that, that they can either have someone there to fix it or we might have to contact whoever to replace the carpet, but there are costs associated with people using the rooms and that's something that has to be contemplated one way or the other, no matter which group uses it. Zaremba: Okay. Thank you. So, I appreciate the message that this is being thought about and I'm understanding that's separate from what we are talking about now, so -- thank you. Rountree: Further discussion or questions? Keith, you wanted some comments. I will give you a couple of mine. I'm not ready to hire three or four new employees. I would like to see a maintenance manual, if you will, and I don't know if that's the right word, it seems to me that if we are going to have people give us costs that we need tell them what we have, what we expect, and, then, they can cost that to meet our needs. Tonight I hear for the first time and should have known and didn't think about it -- is that it is a LEEDs building and probably needs special attention to certain things. To me it's Meridian City Council Special MeeUng/Workshop August 19, 2008 Page 25 of 101 important that anybody we talk to in terms of sub'ing out or contracting this work understand that and that they are capable of doing that. So, those things need to be pulled together in a document, if you will, a punch list, however you do that. I know they are out there. There is probably a model to follow. Watts: There is, yes. Rountree: I would like to see that put together and I would like to see us go out for bids and get a cost and, then, we have something to compare against. Right now we have kind of hip pocket guesses by three subcontractors of what this might cost us. We don't know that. And before Imake acommitment -- me make a commitment to hiring folks, I want to make sure that private enterprise can't take care of it just as well. Watts: Absolutely. And I would probably ask for Mr. Nary's guidance. One of my thoughts was to actually have Public Works bid against somebody else, so we would actually have an apples and apples comparison. Rountree: That would be even better. Bird: Yeah. Mr. President? Rountree: Mr. Bird. Bird: Keith, along the same lines, I agree wholeheartedly with what Councilman Rountree said and go even one step farther. I'd be interested to know what the big businesses are doing. I know in the private very few hire in-house maintenance people. You say you start with four. I'll guarantee you in next year's budget you're going to want six or eight. Because you're not -- it's just not the green building. We are talking about some other buildings. We are talking about the wastewater treatment building, we are talking about the police department building. In your costs up there I see no vehicle costs. So, I'm like Mr. Rountree, let's get some true bids out, not just some guesses. Watts: Okay. We will move forward with that direction. Bird: Okay, Keith. Rountree: Thank you. Watts: Thank you. De Weerd: Mr. President? Rountree: Madam Mayor? Meridian City Council Special Meeting/Workshop August 19, 2008 Page 26 of 101 De Weerd: I'm song, Will. I guess I would also suggest bringing back comments that the directors have made as well, as to current contracts and I believe that part of the LEED certification you do have to have a maintenance policy. So, we can bring all that back packaged and for your discussion. Rountree: Excellent. Watts: Thank you. Rountree: Thank you. Berg: Mr. President, if I can just mention that we have somebody that's done some of this already and that's Ada county and we should see what they have in their policy manuals and what they have done with their buildings, because it is very important to clean it a certain way for -- to maintain your LEED certification and make sure those products that we put in there are well taken care of. So, we can get some other resources and information from Ada County. (d) No Smoking Policy Rountree: Thanks, Will. Madam Mayor, the next item on our agenda is smoking policy and given the time that we have spent so far this evening and knowing full well the time we will spend on that topic, I would like to see that deferred until another time and particularly if you haven't had an opportunity to discuss that with the directors, because it will or could directly affect employees as well, so -- De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I see no problem in deferring that to September and I'm sure Mr. Nary appreciates that as well. We have had discussions at the directors meeting, but we will bring that back in September. (e) Community Liaison Update Rountree: Very good. Next item -- Mr. Berg, liaison update. Berg: Thank you, Mr. President, Mayor, Members of the Council. Do you like my memo? Illustration? I have had that for quite awhile. I'm song. I'll try to push this along. I don't -- I don't want to drag it out, but I do want some direction and guidelines for what you guys want from me each month. We tried to arrange this so that I could give you a -- kind of a monthly report. So, we are going to kick it off here and I'm going to tell you all the things that I'm involved with and, then we can kind of follow up with Meridian City Council Special Meeting/Workshop August 19, 2008 Page 27 of 101 some guidelines. Be real quick. And I will just hit some highlights of what this memo has. I guess I should first start off with dealing with the legislature and some issues that were pretty hot topics this last winter, but they haven't fallen either. Impact fees, Star legislation, the CID legislation, we are still working on Stars and the election consolidation proposal that kind of died last winter is going to be coming up strong. I have been involved with a committee, with county clerks, school districts, association of counties, Secretary of State's Office and some legislature and there will be a consolidation bill coming up that will regulate the number -- or the days you have elections and who runs the elections and so it's very intense consolidation. So, we have been working on that. I'll give you an update. We are supposed to have another meeting in September. I have been involved with downtown parking. I'll just kind of hit some of this stuff. I am their -- kind of the go to person with the Chamber of Commerce and you see all the different functions I'm involved with there. ACHD. I am a member of the neighborhood advisory committee and we have had a couple meetings. The last one dealt mostly with the proposed registration fees and gave us information about that election coming up. I have attended the Transportation Task Force monthly meetings. I do attend the Meridian School District Board meetings, which that's why we have changed this workshop several times and thank you for accommodating that. The school board's going back on their schedule of the second and fourth meetings of the month. So, this third one will work really fine forme reporting back to you. I do discuss issues with the Lake View Golf Club, anywhere from the driving range balls going over the net, to trespassing, to future improvements, to amendments to their conditional use permits. So, we have been dealing with some issues there. I am a representative in the senior citizens for their board meetings and I'm on the advisory board. We have been working on capital improvement plans. I'm also still following up on the grant that we got from the Community Block Grant from the state. I do help out with the Historic Preservation Commission by kind of arranging that and I do attend the Historical Society monthly meetings, which I should note that I'm the youngest one there. So, we are trying to change that, so we can get a little bit diverse membership. I am helping out with the Mayor's Youth Advisory Council -- De Weerd: And you are the oldest person there on that one. Berg: Thank you, Madam Mayor. I didn't realize that. De Weerd: I thought I'd bring you down to earth again. Berg: Okay. Yeah. I am. I am the oldest person there. Thank you. And the activities that they do, I help them with that. I'm on -- a member of the Meridian Downtown Business Association representing the city. I try to attend the Meridian Development Corporation meetings, but I do work with the administrator on certain downtown issues and streetscape amendments for the City Hall project. I do work with Sanitary Service on some recycle awareness. One was getting the recycling bins at the speedway, has really helped the -- less trash going to the landfill, but also helping our recycling. I also Meridian City Council Special Meeting/Workshop August 19, 2008 Page 28 of 101 help with the Mayor's Faith Ambassador Council. Also setting up building site visits with our faith community. I'm still representative with the AIC, providing support and information for them and also working with legislative issues and helping them with training and instruction and conferences. I also am a member of ICMA, attending conferences and meetings with the city management association and fortunately or unfortunately, I'm the secretary of that organization and I think most of my time -- especially the last few months has been working with the City Hall building project trying to get some finishing touches, decisions, some things in process, so we don't delay the construction. So, in a nutshell, that's all the different things -- I have probably left some out, but that's -- that's beside the point. I guess what I'm here is what I can my monthly report to you about, what we need to talk about, what we need to follow up with, what we need to get feedback on. And so that's what I'd like to make it a pretty good monthly report and maybe present it to you and, then, if you have some comments or discussion items, we can discuss it further. But maybe the format or the direction or guidelines. Rountree: Discussion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I think my comments would be of the meetings that I attend, I'm always listening for where I can speak up for Meridian in their meetings and listening for where they may be going a direction that isn't helpful to Meridian. So, if you hear those kind of things, that's probably the kind of report that we should have, so -and so the group has decided they want to do this and I feel it impacts the city in this way. That makes you the eyes and ears of the city to these liaison organizations that you attend, so -- Berg: Thank you. Zaremba: Bring us any concerns that alert you when you are at their meetings, would be my thought. Berg: Thank you, councilman. Rountree: Any other comments? Will, you and I have spoken numerous times about expectations. I think I'll put mine in a nutshell again, is that you're out there as a liaison with a multitude of groups dealing with concerns, issues, and, hopefully, occasionally even some good things. That's the kind of stuff I would want to see in a monthly report. We all see a-mails to either the Mayor or a Council person or a letter to the editor or something, somebody grousing about something and typically the liaison acts as an intermediary to deal with that particular issue. Oftentimes we don't see the resolve. That would be helpful. I think a point in each meeting -- and no more than one at a time, bring a summation of what these boards do, what is their charter, and from your Meridian City Council Special Meeting/Workshop August 19, 2008 Page 29 of 101 perspective do you think they are accomplishing anything. We all attend plenty of meetings and if we can take a few off our plate, that much better. So, in addition to all the other things we have talked about before, but I mean those three things I would highlight. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess just to -- to also summarize, as the ommunity liaison you are the city's ambassador and the whole idea with this was to bring the city to the community and I guess we can see -- we can read the minutes to many of these meetings, but what I think would be beneficial to the Council, to the elected officials, is to get the unwritten feedback. What is some of the discussion? You know, what are the individual citizens saying and that sometimes don't make the minutes. And what is the general consensus feeling in those meetings. That's what will be beneficial to this body. And as our ambassador I would like to welcome the Boy Scout Troop that has joined us. Our workshops we start at 6:00 o'clock, so we probably caught you a little off guard, but I do have pencils if Will wants to give it to the members. We appreciate you being here and wish you luck on your citizenship badge. Rountree: And those have the answers to your homework in them, too, so -- De Weerd: That's why they are not sharpened. Borton: Mr. President? Rountree: Mr. Borton. Borton: Will, to add to some of these comments, I got to tell you, I'm extremely impressed of the length of the list of activities that you're participating in. Whether it's active or not, you're at the very least at many of these -- these organizations and all their meetings. I saw you in chambers today and I know you do a really good job of -- by way of example, at a chamber luncheon, if there is a conversation about transportation, you tie people into what you know about ACHD or what the DBA is doing and you keep each organization informed of what the other ones are doing. I think that's great. I know you do a great job of it. It's a long list. It's a lot for one person to do. So, first, I say thanks for doing it, because I know you do a good job doing it. And, second, that type of feedback to the Council is how you have assisted these organizations in communicating together. That's always valuable. Because I know it's really valuable to them, because they don't have a resource like a Will Berg to be at each of these to see how they interact, so keep up the good work. Rountree: Any further comments? Meridian City Council Special Meeting/Workshop August 19, 2008 Page 30 of 101 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just thank you also. Rountree: I as well. Berg: Punch that guy. Rountree: Mr. Bird. Berg: I know what he was doing today. I was at the same place that he was. Bird: Yeah. I -- I don't have to -- I don't think I have to speak regarding Will's work ethic. He does a great job. He's a very good ambassador for the City of Meridian. The nice thing about this is this isn't all he does for the community either. It's just part -- it's just his job. Berg: Thank you. Mr. President, if I could, I know my door's open now, because I share the door, but at the new City Hall, you know, I know we will be on different ends of the building, but, you know, the door is open, don't hesitate to let me know what I can do better or what you feel that we need to do, because this -- this is a city project, we are out there reaching out to the community, showing what the city is all about. So, don't hesitate to let me know. Rountree: Okay. Will do. And now that our schedules are in sync, we will expect to see you at our workshops from this point forward. Borton: Congratulations. Rountree: Congratulations. Berg: Thank you. If there is not another appointment that is being made, I will be in attendance. Thank you. (fl Reappointment of Nancy Rountree and Appointment of Mary Jensen and Bonnie Metcalf to Meridian Arts Commission and Resolution No. :for Arts Commission Appointments & Reappointments Rountree: Thanks, Will. The last item for the community items, Meg. Or -- Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 31 of 101 De Weerd: Mr. President? Rountree: Madam Mayor first, but, then, Meg. De Weerd: Okay. I have in front of you -- I do have in your packet the letter of interest and the resume that I received from Mary Jensen. We have five candidates that expressed interest in our Meridian Arts Commission. Mary is with us today. She will be what I am recommending as her appointment to seat two, which does expire in February of 2009. Don't worry, Mary, it can be renewed. You're not just expected for six months. It's a three year term. She is continuing the seat of Sandra Cavenaugh. And, then, Bonnie Metcalf would be to August of 2009. And certainly I would like to invite Mary to say any words she would like to share, if she would like to do so. Jensen: All I would like to say is I'm really looking forward to serving the community of Meridian in this capacity. I'm excited. I have a lot of passion around the arts. I have some knowledge. I can't wait to receive more knowledge by working with this great organization and I thank you for your time and, hopefully, for your vote of confidence. De Weerd: Thank you, Mary. Now, the chair Meg Peters and I did the interviews and so we were very excited about the passion that Mary has for the arts and also her commitment to the youth in our community and this valley. So, that passion really shines in Mary and we were very struck by that, so I guess before we ask Meg to start with her presentation, I do need confirmation of this appointment -- of these two appointments. Bird: Two or three? Rountree: Three. Bird: That's what I thought. De Weerd: Three appointments. Oh, I'm sorry. I have to reappoint our soul of the Meridian Arts Commission, Nancy. So -- Nary: Madam Mayor? Or Mr. Rountree. Madam Mayor, Members of the Council, Council Member Rountree, the reason the resolution is in front of you is we have not had in the past a tracking mechanism for these commissions, so that we can be clear when the seats began and when the terms expire. So, we thought this might make it a little easier from a tracking standpoint, it would be easier to locate that, so that these -- sometimes we have had commissions where we have had people on there that we don't know how long they have been there or how long they are supposed to be there. So, we thought this would be a better tool and when Commissioner Rountree was reappointed, we missed getting a -- doing a resolution at that point, we thought it would be easier to just get them all done right at this time. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 32 of 101 Bird: What's the resolution number? Rountree: The resolution number for that item would be 08-615. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move that we are confirm the three appointments to the Arts Commission made by the Mayor and that we pass resolution number 08-615. Bird: Second. Rountree: It's been moved and seconded to approve the appointments from the Mayor for the Arts Commission. Is that roll call? Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. (g) Presentation on Meridian Art Commission Five Year Strategic Plan & Strategic Budget Rountree: Welcome, Mary. Okay. Meg. Glasgow: Thank you. Meg Glasgow with the Meridian Arts Commission. I'm going to make this very quick this evening. The Arts Commission Commissioners have come together with the assistance of Delta James, who is helping us with our strategic plan. We have been working on this very very hard over the last several months and as a dynamic and enthusiastic group we found this exercise tremendously helpful in giving us laser focus about how we see the arts in the community of Meiridian growing and developing over the last five years. And so what I have brought before you today -- it's really lead our kind nine step -- or our plan step by step going into nine core areas that was identified after we reviewed the city's Comprehensive Plan and also conducted a pretty extensive survey of Meridian residents and visitors about what they wanted to see. And so we identified these nine core areas and our plan is based around that and I'll just highlight them quickly and that is public arts, which we know we are starting pretty aggressively for the new City Hall project. Arts education for both youth and adults. Performing arts. The visual arts. Arts awareness. Supporting local artists. A civic center is also on our horizon and as well as sustainability, because we want to be able to have funding mechanisms in place, so that we can continue and to grow. So, this is what our plan looks like over the next five years. We are very excited about this. We have also kind of penciled in until some financial numbers with the help of Nancy Meridian City Council Special Meeting/Workshop August 19, 2008 Page 33 of 101 Rountree in putting the projected budget together. That is still a very rough working document, but I felt it important to include it in with this strategic plan for you today to kind of give us some comment, feedback, guidance as we continue on with our plan before we go through the process of adopting this formally. So, I am certainly here to answer any questions you may have. Rountree: Questions for Meg? Comments? Discussion? Bird: Mr. President? Rountree: Mr. Bird. Bird: Meg, I just compliment you guys for being ashort-term commission, but at least having a great five year strategic plan. And I think I can speak for all the Council, we are here to help you with everything we can. We appreciate what you have done so far. Thank you. Glasgow: Appreciate that. Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I know Meg has heard me say that before -- this before and certainly I shared it with Mary -- is this is a dynamic group of individuals, very committed to our Arts Commission, and they have done an amazing amount in the short period that they have been organized. So, we appreciate that and we are really excited about this strategic plan, the implementation, and some of the people that are getting involved and we hope that in going through these interviews, each one of them is another convert to helping with the efforts of the Arts Commission and moving forward on their strategic plan. Thank you, Meg. Borton: Mr. President? Rountree: Mr. Borton. Borton: Quick question, Meg. And I meant to a-mail this question to you. Was there -- was there anything about the survey results that were shocking one way or the other as far as the feedback you got? I turned mine in and if there was something that came back, I'm not aware. Glasgow: I wouldn't say the results were shocking. It was really -- of course, reinforced my own personal point of view in this, the arts are very very important. Some of the comments that I have heard in the meetings I have attended and kind of my own Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 34 of 101 advocacy that I'm doing about the committee -- or the community, is that many people I have talked to really applauded us as an organization and the leadership in the city to see the value in the arts and what that means for a community, because, really, the arts really become the heart and sole of what a community is about and we all know, who have lived here a long time that Meridian has often kind of struggled with creating its own identity and that has changed and I think the arts, particularly, are a part of that, when we have our own community theater, you know, symphony and public arts and, you know, sculptures and art in parks and different things like that really become unique identifiers that residents can really related to their community. So, that was -- that came out very strong through the surveys is that that was really important to people that they can experience those things here close to home. Borton: Good. Glasgow: Oh. One other comment I wanted to mention about the care of the artwork for the City Hall, since that was discussed earlier today. I would happy to provide my expertise and comment regarding the custodial care of the original art pieces that will be in City Hall. So, I'm going to make myself available for that at a later time. So, thank you. Rountree: Madam -- it's my meeting, isn't it. De Weerd: It is. Rountree: Meg, I just wanted to say that you guys have done a great job in the few months that you have been together and organized and what you brought forth is a true value, not only to the community, but in the way you have gone about it. You put together a strategic plan with minimal cost to the city, considerable cost of your all's time and I support your strategic plan and the approach you have done. As far as the budget goes, it's a starting point. I think it will grow and I think it needs to grow and at this point a good portion of that is volunteer based and certainly the support you have gotten in these hard times will reflect better things to come and, again, I offer whatever support I can provide from the Council, along with the rest of the Council, but thank you for the work and to keep it up and we are looking forward to those new pieces in City Hall. Glasglow: It's going to be exciting. We have a lot of work to do, so thank you. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I want to add my thanks as well and before you came up I thought of some things that I wanted to suggest to you that you should do, you mentioned them all, so I was thrilled that you're doing all of those things. The one thought that strikes me, since Meridian City Council Special Meeting/Workshop August 19, 2008 Page 35 of 101 I am the liaison to the Parks and Recreation Department, is there may be some things that could be worked out in compatibility. I know they feel the need for a community and civic center, they have some recreational activities that could be related to not only theater arts, but -- not just the performing arts, but the decorative arts or painting and those kind of things. Glasgow: Absolutely. Zaremba: So, there may be some interrelations that could be developed there as well to -- for you both to help each other. I'm thrilled with what you're doing. Glasgow: We are. Good. Good. Thank you. We do work with Parks and Rec in developing educational programs, so we will be continuing with that and Mr. Siddoway and I are also meeting frequently to discuss opportunities for artwork in parks and keep in mind that it takes about 18 good months, two years, to really get a public art piece in place in, for example, a park or the City Hall or whatnot, so we are really on the fast track for City Hall, but we are wanting to work with parts more looking down the road, you know, two or three years down the road to install public art projects in upcoming parks, so, yes, that's -- Zaremba: Cool. Thank you. Glasgow: -- on our plate. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess just to add, we do have an artist who is also a contract employee with the parks department who has been sitting in on all of the commission meetings. He's kind of been the liaison between the parks department and the arts commission. We would kind of like to formalize an ex officio type of an arrangement with that to keep that important link. So, at some point, if we see the need to formalize that, we can. But for now it's -- it's been a great communication relationship to have their representative at each of the commission meetings. Been very helpful. Rountree: Good. Glasgow: Thank you. Rountree: Any other questions? Thanks, Meg. Glasgow: Okay. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 36 of 101 Borton: Thank you. Item 5: DEPARTMENT REPORTS (a) Discussion on Meridian Heights Rountree: That brings us to Item 5, Department Reports, and the first one is the discussion on Meridian Heights. Clint or Tom, are you going to lead that off? Okay. Thank you, gentlemen. Hope you get your badges. Dolsby: Council President Rountree, Madam Mayor, Members of the Council, this is the first of two county subdivisions that we are going to speak about tonight, so the Meridian Heights Subdivision, also Kentucky Ridge, located on the southwest comer of Meridian and Victory Road. This subdivision was constructed I believe in the late '70s. They have been on their own sewer and water systems ever since then. A couple years ago they received a consent order from DEQ on their water system, because they tested for high levels of some contaminants. So, they are in the process of looking into connecting to city services. I know we have talked about these folks before. I wanted to introduce a representative for Meridian Heights Steve West with Centra Consulting. He's going to give you a little presentation on -- a little background on their situation and the proposal they want to bring forth to Council tonight. West: Thank you very much, Clint. My name is Steve West, I'm with Centra Consulting and I have had the pleasure of working with a number of you previously in various capacities. I wanted to take just a moment and applaud you for the steps that you are taking in addressing some of the air quality issues here in the Treasure Valley. Years ago in a previous life when I was regional administrator for DEQ here in southwest Idaho, my office prepared the first maintenance plan to deal with a nonattainment issue here in the Treasure Valley. Worked very closely with President Rountree in the Department of Transportation at that time, City of Meridian, city of Boise, and others and, then, also as the state air program administrator, the issues that we are all facing in different parts of the state, it's a huge undertaking and a regulatory fix is rarely, if ever -- well, never the desired solution. I believe most of those challenges can be addressed at the local level, but it takes leadership and it takes statesmanship and that's what you're evidencing here and it's certainly consistent with what I have come to associate with you, whom I have worked with you earlier and there is a lot to be -- you're to be commended for that. I applaud you. And it's the same levels of leadership and statesmanship that I'm going to be appealing to tonight on the issue with Meridian Heights Water and Sewer Association. I have some handouts that I'd like to start with and just -- and I apologize in advance for the small print. We do have a Powerpoint presentation. At first I thought it was just my failing eyesight, but now, in fact, it's small print. So, we will be talking about that. I'd also like to just start and draw to your attention the outstanding job that your staff are doing, at least in my experience in working with them on this issue. Public Works Director Bany, Director Canning and the Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 37 of 101 Planning Department and their staff have been outstanding in terms of what they try to do to help us work through the issues associated with this and -- second to none. I have worked with a number of cities and they really have done a great job. We have a huge -- it's impossible to overstate the challenge that we have here in the Meridian Heights Subdivision. I think in referencing that or looking at that we also have a number of other people here to lend support to the presentation. Mark Mason, the regional manager for engineering for DEQ is here. Several members of the Meridian Heights Water and Sewer Association board are here, including President Val Hill, and members of our team, project engineer Steve Ray, Donna West, who will be dealing with a number of the annexation issues, but what I'd like to do is just kind of quickly go through what the issues are, what we are faced with and some proposals for you to consider. What we are hoping to accomplish at the end of this is I think some direction to staff in terms of identifying what the goals are to work through to try to get resolution on the Meridian Heights issue. Rountree: Excuse me, Steve and/or Clint. I have before me a document Meridian Heights Water and Sewer Association. I have no attribution or date. Is that from you or is from city staff? West: That's from me. Rountree: Okay. West: My apologies for not including that. It's from me Steve West, Centra Consulting, and finalized today. Rountree: Okay. Thank you. West: Thank you, Mr. President. Next slide. Or do I do that here? In a nutshell, the Meridian Heights Water and Sewer Association provides potable water and wastewater collection to most of the lots located in Meridian Heights and Kentucky Ridge -- laser backward and forwards. Well, we will see how well that works. Rountree: Point it that way. De Weerd: It won't work if you point it at us. West: Well, we will see what you say about it, Mayor. Provide total water, wastewater collection to most of the lots located in Meridian Heights and Kentucky Ridge Subdivision. A regulated public water system provides potable water supply from private wells located within their service area. Wastewater is collected through a central service -- sewer system, treatment is provided through a wastewater treatment plant and lagoon system. Treated effluent is land applied for irrigation on agricultural property located within an easement on adjoining property and the land application site is Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 38 of 101 permitted by DEQ. The association was built in three phases. There were 220 lots. Kentucky Ridge Subdivision was built -- or the Meridian Heights Subdivision. The Kentucky Ridge Subdivision was built in two phases, 73 lots, so roughly 286 service connections within the service area. All residential lots are connected to the Meridian Heights water system, with the exception of one lot in Kentucky Ridge Subdivision. So, 286 water system connections. All of the residential lots are connected to the sewer system, with the exception of three lots located within the Kentucky Ridge Subdivision. So, 283 sanitary sewer system connections are being serviced by the association. Now, they have an issue -- there have been some excedances and they currently -- their land application permit is expired and they have been informed by DEQ that they are not going to renew the permit or administratively extend the permit. So, in reality, a public health emergency is looming with regard to the future disposal of wastewater from Meridian Heights Water and Sewer Association. The owner of the land application site property desires -- strongly desires to have Meridian Heights Water and Sewer Association cease land application as soon as possible and so, unfortunately, or fortunately, whichever, Meridian Heights has no other suitable property to continue land application. So, there really is no option for disposal of the waste -- of the treated wastewater anywhere in the area. So, the department is going to require that Meridian Heights cease land application activities. The only viable option -- and I mean the only viable option in this case is to hook up to city sewer services as a means of managing disposing of wastewater generated at the association. The basis for that requirement is a reasonable access to the trunk line that was extended, as well as permit exceedances or issues with the land application site that just make it no longer viable, coupled with the current land owner of the land application site no longer wanting that -- the property used for that purpose. Sewer service from the city was available in spring of 2008 in terms access. One of the things that we have been looking at is the integrity of the system, the collection system. There was a recent television inspection of the -- certain sections of the sewer collection system, which indicated there may be some issues in terms of being able to meet city requirements for a sewer collection system. So, that's an issue, because we understand that for the city to take ownership of a sewer system under an annexation proceeding, that that system has to comply with city requirements first, as opposed to the city being responsible for bringing that up to city code. Now, city ordinance also requires subdivisions within their municipal service area to connect with water and sewer. An additional provision of this ordinance requires the subdivision annexation, together with payment of certain municipal sewer connection fees. So, there are a number of things at play here in a very short time line of being able to get it all done. In addition to problems with the land application site or the sewer, they also have an issue with their public drinking water system. The existing water supply has elevated levels of uranium and so they are currently under a consent order and required to find a new source for their drinking water. The consent order is in effect and we have been looking at ways to deal with that. Originally we looked at putting in a new well. However, under that annexation scenario we have gotten some indication from the city that they weren't particularly interested in acquiring a new well. Going forward with that well is no longer viable, so that project has been put on hold, preferring instead to hook Meridian City Council Special Meeting/Workshop August 19, 2008 Page 39 of 101 up with city water as well. And that's -- we will talk a little bit more about that later on. Water supply service connections within the association lack individual meters -- meter setters, other features of the potable water distribution system may be substandard relevant to current city and/or DEQ requirements. We already know that there are problems with some of the way -- some of the mains are sized, so that's going to have to be something that's addressed before that system is in shape for the city to be able to take ownership of that and operate it as part of their extended distribution system, so -- and they are also associating municipal sewer connection -- or service connection fees with the water system as well. So, where does that leave us? Basically, Meridian Heights Water and Sewer Association understands and accepts the DEQ requirement to cease land application activities on the land application site. Meridian Heights Water and Sewer Association is willing and desires to connect to city sewer as soon as possible. They also understand and accept the terms of the consent order with DEQ and desire to connect to city water as soon as possible. Now, part of the wrinkle on this is that as a water and sewer association, they really -- they don't have the standing or the authority to -- to act as the agent for annexation for the Meridian Heights Subdivision. Kentucky Ridge has a homeowners association, which would be able to act in that capacity. But it is an issue that we would have to deal with in the annexation in terms of getting the approval or a percentage of the residents in the area agreeing to that annexation and we will talk a little bit more about that at a later slide. The preference would be a phased approach to connect first to city sewer and, then, to city water and the Department -- DEQ has indicated a willingness to work with that kind of schedule, recognizing that the primary health concern of the -- the urgency is really with the sewer first and, then, to address the water. So, there is flexibility at least from the regulatory agency to allow a phased approach for hook up of sewer and, then, water. Now, because of the shortcomings or potential shortcomings of the distribution system for the water and the collection system of the sewer, our proposal is for Meridian Heights Water and Sewer Association to continue operating and maintaining the sewer and water systems until they are upgraded to comply with city requirements. There is going to be some -- obviously, an evaluation of the system. There will need to be some engineering work that's done. The upgrades implemented to get that up to what the city would require and need to see in a system that they are going to take title and ownership to. I don't think that's going to take a tremendous amount of time, but it's probably going to be something on the order of four, possibly five years. So, the scenario would be that the association would continue operating, maintaining, and doing all the upgrades over some period of time, that five year period of time, pursuant to a development -- and pursuant to a development agreement, implement the necessary upgrades, so that at the time the city -- if you decide to allow this approach, would be able to take over the ownership and operation of the system. I think it's worthy -- they certainly have a large water right that the city may be interested in looking at. There are some assets that would come with that. They have an existing water supply, wells that could be used for the provision of the pressurized irrigation, fire flow, for the sewer -- or for the subdivision and, then, a sticking point in earlier conversations about this particular issue has been the connection fees and I think Meridian Heights recognizes Meridian City Council Special MeetinglWorkshop August 19, 2008 Page 40 of 101 that the connection fees will now -- will need to be paid for individual homes. Now, we are looking at doing this as a single point of connection initially and, then, do the upgrades, pay the connection fees during that period of time, so that the city doesn't suffer any harm or is at a loss or at any monetary disadvantage as a function of allowing this annexation to go forward. And I think this generally encapsulates some of the discussions that we have had with members of your staff, although, you know, there was some recognition that some alternatives may be offered as just -- as per consideration as to what's -- and identifying what's going to be the best way to proceed. Another issue is that how do we insure that all of this work gets done, so it was suggested that Meridian Heights post a performance bond for those pieces of work that will not be secured through funding sources at least at this time. This is the area we are proposing for annexation. You have Meridian Heights in this area, Kentucky Ridge Subdivision here. This is the pond or lagoon for the -- that is utilized by the wastewater treatment area and, let's see, (believe -there should be a full size map in the back of your packets that I handed out that lists the road e Victory Road coming here and Meridian Road, for those of you not familiar with the area. But this generally is the -- this is the area that we are proposing for annexation. It's a very aggressive timeline. We have put something together that would allow us to complete construction this calendar year, so we would hope to be, if the city allows this -- and this gets to be an almost insurmountable task, the part that I talked about earlier, we do have a timeline that would allow us to complete construction this calendar year in December of 2008, which would solve the immediate need of being able to be hooked up to the city and receive sewer services. This time line goes through, speaks to the time allowed for negotiations for the annexation, the development agreement and transfer of ownership agreements for the sewer -- and sewer and water -- for sewer and water hookup. It would also talk about from October to December obtain the approval for design of the wastewater interconnection and complete construction of the interconnection. Then, in January begin evaluation of the existing sewer collection system for purposes of making sure that it's identifying what, if any, upgrades are necessary to have it comply with city requirements. September, December complete that evaluation, prepare the engineering report regarding upgrades, submit that report to the Public Works Department and DEQ for review and, then, implement the changes in January, August 2010. And, then, immediately start on the evaluation of the water distribution system, go through a similar exercise, do the engineering, get the connection done and, then, do the upgrades to make sure it complies with city requirements. Looking at January 2012 to June 2012, insure that the terms of the annexation development agreement are completed and, then, July 2012, September 2012, execute transfer of the ownership agreement, so that the city would, then, take ownership of the system and assume the responsibilities of providing the maintenance and the operation and everything. Just briefly on cost, we are looking at roughly 400,000 dollars for the sewer connection. We have identified or earmarked about 200,000 dollars for improvements to the existing infrastructure. We really don't know what that amount is going to be. Our initial review is that the sewer system is probably in pretty good shape. There may be some issues, but we haven't seen any looming problems right off the bat. Connection fees at 2,749 Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 41 of 101 per lot. Total estimated costs for connecting the sewer at 1.3 -- 1.38 million dollars. We looked at a variety of potential funding sources. I helped carry the CID legislation that some of you have heard about with regard to community infrastructure districts. We did not think that that was viable, because of the timeline that we are working under here. And, similarly, we did not get the funding through the revolving loan fund. We looked at potentially private financing. Ultimately, have acommitment -- a verbal commitment from Zion's Bank in the form of a line of credit for one and a half million dollars, which would cover costs for the sewer connection and including the connection fees and it's my understanding that if the association is currently negotiating the final terms of that agreement and Mr. Hill can speak to that in more detail, if that becomes necessary. Or you would like some more information on that. For the water supply, interconnection to the city system, roughly 30,000 dollars. Upgrades to the existing infrastructure, 300,000 dollars, recognizing that there will have to be some main replacement. You got the connection fees built in there. So, total estimated cost to hook up to city water at 843,000 dollars, all of which will be borne by the association. We don't see this in any way the city's responsibility to finance or fund any of this. We have a couple of different funding sources that we are looking at, including a 350,000 dollar loan from IDWR, who has indicated that it is possible to change that loan. That had originally been developed for the purpose of drilling the well, but they are amenable to considering changing the terms of that loan agreement to use that funding to hook up to city water. There is also -- we are in the cycle for the state revolving loan fund for a grant and loan through IDEA and with that timeline two years out, conceivably a community infrastructure district bonding mechanism may be a viable way to look at it. It's still kind of a new concept and I'm sure communities all over the state are probably looking at whether or not that's something they want to get involved with or not. I think it's going to be a great tool, but it may take awhile to figure out how to use it, how to turn it on. So, Meridian Heights Water and Sewer, again, would continue to own and operate the water and sewer system via a single point connection. The city would bill Meridian Heights, they would collect fees from their patrons and, then, pay the city. So, they would be responsible for insuring that the city gets paid for the city sewer services until -- just to allow for enough time for them to bring both the water system and the sewer system up to city code and, then, Meridian Heights Water and Sewer would be responsible for the administration, maintenance, operation, collection until this permanent solution or permanent resolution to any deficiencies are addressed and we would expect that those would, of course, be spelled out fairly explicitly in a development agreement with a time line and requirements to make sure that things keep marching along and the judge has a reasonable expectation that when they will take ownership of the system. So, that's kind of a general overview of what the issues are. There are some other challenges. There are some older homes and areas that are very -- on very limited incomes, households with very modest means, who will have a great deal of difficulty in terms of coming up with the connection fee, but we were looking at how to defray that cost through money that the association would borrow to satisfy the city's needs for -- you know, in the timeline that the city is looking for. It is a huge challenge, particularly in this kind of timeline, but it is possible and we are committed to trying to -- with your help, get Meridian City Council Special Meeting/Workshop August 19, 2008 Page 42 of 101 this done. One of the issues that we will have to resolve is how do -- what level of support is going to be necessary from the residents in the area with regard to the question of annexation. Now, we have a public health emergency -- or will have one when they no longer have a place to dispose of their wastewater. There is no way around that. It is an emergency by definition. We now have a -- we don't have an entity in place with the authority to act on behalf of the residents of Meridian Heights with regard to is annexation. So, obviously, I think we are going to have to canvas that neighborhood. We did an initial survey and the response was 85 percent of the respondents were supportive of annexation or would not oppose annexation. But I think we probably, you know, would hope that with a canvassing of that particular area of that subdivision, that a majority would be sufficient for the Council to move forward with an annexation or allowing an annexation, given that in this instance there really is no other choice for Meridian Heights. I think we will be able to work -- I believe that about 98, 99 percent of the residents I'm told in the Kentucky Ridge Subdivision would support the annexation and understand the need for that and why it's -- why it's - we need to move forward with this timeline, but that is something that we will have to address and provide that documentation to -- to your staff, so that they can give you their report, staff reports on how we are doing on that. So, I guess what it boils down to is we are asking you to consider allowing Meridian Heights Subdivision and the Kentucky Ridge Subdivision to be annexed into the city, .that the issues of the -- for the purpose of securing sewer services, water services, that Meridian Heights -- that the City of Meridian would take ownership of the sewer and water systems when they are brought up to city code, so that there is no additional expense acquired by the city or foisted upon the city to bring it up to your standards. Allow some time to do that, but in a fairly explicit timeline, but, then, also allow us to proceed not only with annexation, but with sewer hook up as quickly as possible in a way that would allow us to get this -- at least the sewer portion of it done this calendar year and with that I would defer to your staff for any additional comments they would have to this or I would certainly be willing to answer any questions that I can. Rountree: Thank you, Steve. If you would just hold your spot if we do have questions. Tom, Clint, do you have any further comments? Barry: President Rountree, Madam Mayor, Members of the Council, I just want to second Mr. West's assessment that this is a monumental challenge and it is an impending health emergency. We are working diligently with Meridian Heights folks and Mr. West and his firm to try to come up with creative solutions as we need those to move this particular challenge from the -- toward a solution. To that end, you know, we still have much to work out, but we would like your direction tonight with at least some preliminary concepts that we can ferret out during the conversation this evening. Mr. Dolsby, do you have additional information you would like to share? Okay. So, I know that we have some folks in the audience as well. Mr. President, I will defer to you if you'd like to hear from them or if you'd like to continue the conversation with what's been presented thus far. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 43 of 101 Rountree: Thanks, Tom. Caleb, do you have any input? Caleb: Thank you, Mr. President, Mayor, Members of the Council. I guess I just wanted to -- not to be Debbie Downer or anything, but just that timeline -- the timeline that was laid out there, we need to take into account the annexation process. So, they are talking about hooking up by the end of this calendar year, it's probably -- if they got an application into us in the next couple of weeks, still got to go to Planning and Zoning Commission, still have to go to City Council. We do have a process that still needs to be adhered to to get those properties annexed, assuming they can get consent from everyone that was in that yellow area on the board. So, I'm not -- I just wanted to disclose that. Mostly to them, to know that timeline may not be feasible if everything has to be done under the Public Works review, just because of the annexation process itself. Rountree: Thank you. Comments? Questions? Discussion? Mr. Zaremba. Zaremba: Mr. President, I do have a couple questions, but perhaps Mr. Nary should comment first. Nary: Thank you. Mr. President, Madam Mayor, Members of the Council. I guess just to tag along with Caleb, so he doesn't look like the only buzz kill, but the only problem -- and it sounds to me like the folks have done a lot of homework here in these areas to get information out to those residents as to what this is going to mean to them in regards to their costs and those types of things and the only piece from the city's perspective regarding that annexation portion is the state statute does now require not just service, but actual consent and so 85 percent is only 85 percent of consent. That means 15 percent of those people are not consenting to be annexed and they are required to have it if you're going to provided them service. Now, education may be the key to getting the rest of those people. If they recognize -- I think in our discussions I've had in the past with the folks from Meridian Heights and Kentucky Ridge, part of the problem that I think people haven't -- all the residents haven't weighed is their alternatives are very limited, if any, without the city being the available entity for both their sewer and water. So, if you realize that, the reality is is your consent is probably a lot easier to obtain when you realize your options are pretty limited otherwise. But right now I think probably that 15 percent of whatever that target number is is really folks that maybe just either are resistant because it's just the nature of the beast sometimes of dealing with annexation and, secondarily, they just may not be informed. So, again, that may slow that timeline down a tiny bit just to get them educated that this really is a very viable option. There is some cost and it sounds like the organization has done a lot to address those types of concerns, but I think it's just getting over that hump, again, may take a little longer than we'd like, because sometimes that's just the way it takes to get people on board and comfortable with the decisions that they are making, which are going to cost them some money are really in their best interest as well. Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 44 of 101 Rountree: Thank you, Bill. I think the legislative tinkering with the statute this last year has made this even more difficult, even though I understand their intent. West: Your gift for understatement is not wasted on me. Rountree: Mr. Zaremba. Zaremba: First, thank you for an understandable and clear explanation of what clearly is a difficult and complicated subject that has had a lot of thought put into it already. I appreciate that. Actually, I have two questions, one on sewer and one on water and the sewer question would be -and maybe I'm not understanding what a single point connection would be, but in the long range view, are you thinking that the current plant and lagoon would stay in service and what the city would be accepting into the system is just what you're now applying to somebody else's land or is the eventual to abandon the plant and the lagoon and raw sewage goes into our system? West: Mr. President, Councilman Zaremba, well, we would envision that there is no reason to maintain the wastewater treatment plant or the lagoon, so those would be decommissioned and the property presumably ostensibly developed at some point. So, a single point connection, instead of having individual connections with each home as you do in Meridian now, the effluent would come through a single point, which be the -- the point at which all the flow from the subdivision would come in. Eventually, we need to have individual connections, so that the city can bill individual homes, but for the time being, until we bring the system up to city requirements, there would just be that single point and Meridian Heights would be responsible for -- Meridian Heights Water and Sewer would be responsible for managing everything from that single point back to the subdivision. Zaremba: But eventually it would just be the untreated raw -- when everything is -- West: From day one it will be the untreated -- it will be wastewater - it will be wastewater -- it will be sewage going into your wastewater treatment facility - Zaremba: Okay. West: -- just like every other home in your system. Zaremba: Thank you. And the question on water is do you have or would it be in your plan to add fire hydrants? I don't even know -- maybe they are already there, but there is pressure requirements for those as well. West: The intent would be for everything in the subdivision with respect to fire -- all that to comply with city code requirements. So, that all needs to be addressed if there is any Meridian City Council Special Meeting/Workshop August 19, 2008 Page 45 of 101 question. There is an issue with some of the code -- some of the older homes have some issues with code violations, whether they are the setback requirement for a building, things of that nature, that dan't comply with certain elements of city code. What we would propose in that instance is something that's been done elsewhere in Ada county as well, but those homes be grandfathered in and that they be required to be brought up to code at a time of sale, as opposed to requiring those homeowners to make those changes, substantial -- many of which can't afford to do that. And it's my understanding it's a relatively small percentage of homes in the area with this type of problem, but has some kind of deed restriction or something that at point of sale -- time of sale, you know, they have to comply with city code and dealt with at that point. Zaremba: Thank you. De Weerd: What's the liability on that, Steve? West: Pardon me? De Weerd: What's the liability to the city to grandfather in in that kind of scenario? West: Mr. Chairman, Madam Mayor, I don't know the answer to that. It's probably a better question for your legal staff. I would think that there is probably some avenue through either personal indemnification or something that could be explored, but I'm not an attorney, thankfully. De Weerd: We are all thankful. Rountree: With that you might not get a response from Mr. Nary. Nary: Well, Madam Mayor, Members of the Council, are you talking about just the fire protection issue? Is that what your concern is, Madam Mayor? Rountree: I think the issue is if we grandfathered nonconforming code situations into the city, until such time as there was a sale. Nary: Madam Mayor, Members of the Council, Council Member Rountree, you know, we have had -- we have addressed this issue before in other areas when we have annexed parcels or we have provided services within the district. The distinct is already providing service to this facility anyway, so they are already within the fire district, so any existing -- any existing liability, which, I guess in my opinion is probably not much, already exists today. They already provide it now. So, if they are nonconforming, the risk to the city doesn't get any greater, because the district is still responsible for these homes as it is. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 46 of 101 Rountree: That speaks to the fire issue. I don't know if there is an issue as it relates to setbacks and those sort of things. I don't know, but -- West: Thankfully I'm not an attorney, because, obviously, there are more capable and qualified people that are. De Weerd: Oh, good recovery. Bird: You didn't have to say that. Rountree: It's too late. Bird: We won't be able to live with him. Nary: Well, the speaker isn't under oath, so I take what he says and move on. Rountree: Okay. Nary: Madam Mayor, Members of the Council, on the other issues we have had that discussion previously and certainly the code enforcement folks can work with homeowners in regards to code issues. Certain things, such as setbacks, for example, we probably don't have any means. We accept them as is. Issues that -- of other types of code enforcement -- fortunately Sergeant Gonzales, who is in charge of the code enforcement unit's here, but most of the issues that we deal with in code enforcement, weeds, junk cars, those kind of things, we certainly would work with those. Those are existing issues. That's not a grandfathered use. So, certainly that's not something we would have anymore problem dealing with than we do anywhere else in the city, we would just address it with the homeowners on a case-by-case basis. Rountree: Steve, you certainly have addressed I think the issues that Council's brought forth in terms of kind of a -- kind of an unwritten policy as it relates to these sorts of things and underlying which we don't want our existing rate payers to bear any of the cost of this. However -- and you have indicated that the deferral of hook-up fees of some in excess of three-quarters of a million dollars for some four to five years, as you well know that plant operates 24-7 today and every day henceforth and it costs us a lot of money run it. To me, the putting off of the cost of a hook up to that system, which is the value you have indicated here in the sum of 778,000 dollars, needs to be in place in order for that plant to maintain and operate. Otherwise, we take 283 hook-ups out of the hook-up stream and don't have, in essence, the value of that money for some four to five years, which -- not really quick with the percentages given the money situation today it probably doesn't amount to much, but in four to five years, you know, we could be looking at another quarter of a million dollars in terms of the value of money and time. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 47 of 101 West: President Rountree, I agree with that and I think under the scenario -- and it was a little confusing the way I presented it, but with the one and a half million line of credit and the hook-up fees that were included there, I think you could expect that the hook-up fees would be up front. Rountree: You indicated, though, in I think your last slide that they would come at transfer of ownership. West: There had been some discussion of that, but I think we recognize your argument of the need for the hook-up fees up front, so, you know, in concert with -- it's my understanding in discussion with Mr. Hill that the intent would be to pay those fees up front and I just hadn't had time to change the slide. Rountree: Okay. West: But I appreciate you hinging that up. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess just getting back to the single point connection, is the association, assuming the responsibility, then, for nonpayment, because we will bill a single entity and you wouldn't want a shut off, because that would -- I think that would make a large number of households very upset with someone. It won't be me. I'll have your number ready. But is that what I'm assuming, so that, then, you would be responsible -- or the association would be responsible for those collections and all of that? West: As they are now. Mr. President, Madam Mayor, you are correct, the association would assume responsibility for the operation, maintenance, administration, billing, to -- but they would be responsible for paying the city for those services. Rountree: I guess the follow up to that is -- and if they don't pay? West: They are responsible for the collections. The city will be paid. That's -- there is -- as they are currently, you know, collecting for payment now, but the city would be paid for providing those services. De Weerd: Wow. Rountree: Mr. Borton. Borton: Mr. President. Steve, a question kind of falls along those lines. I might have missed it in the slides. First off, who would be the entity that would provide the security Meridian City Council Special MeeUng/Workshop August 19, 2008 Page 48 of 101 fora 1.5 million line of credit? What assets would secure that line if there were such assets to secure it. I imagine if the city, in an effort to try and collect unpaid fees, would fall second in line. Two different problems, both of which are big. West: Mr. President, Councilman Borton, I -- well, first of all, Zion's Bank is the lending institution that we are currently having discussions with for the one and a half million line of credit. With regard to the assets, I'm not familiar with the intricacies of that term or the agreement. As far as -- you know, in looking at this we have a period of time, perhaps five years, to get everything up to grade, at which point the city would take ownership and responsibility for operation of the system and, then, for those portions of it -- of the project that we don't have funding secured, put a performance bond in place, so that the city can be assured of having the wherewithal to complete the upgrades that need to be done to ultimately end with the ownership as well. That was an idea suggested by the Public Works Department. I think that's a good one, because it puts some additional assurances in there for the city. I guess if there are additional things that need to be built into a development agreement or -- Hill: May I address that and -- Rountree: If you give us your name. Hill: -- President and Madam Mayor. Would it be possible to bring up the last slide with the map? Rountree: Would you give us your name and address. Hill: My name is Val Hill. I am the president of the Meridian Heights Sewer Association. De Weerd: Thank you. Hill: Which is a highly paid position. De Weerd: We know those. Hill: If I -- if I may point out here -- right here -- this property line right here and into this property, this is at the present time a buffer zone and this is the ponds. This property is in ownership of the sewer and water association and in working with the bank, they are willing to take that as collateral. There are also a couple of well lots that we have that would be collateralized. One in the Kentucky Ridge Subdivision, for which Meridian -- or Kentucky Ridge has agreed to purchase that property from the association, which would have additional value. But the -- the means by which we are securing the loan through the bank as the value of the properties that would be abandoned through the sewer lagoon and the buffer zone, which could be developable properties and that's the collateral that the association has. Plus, the basic infrastructure, the sewer and the Meridian City Council Special Meeting/Workshop August 19, 2008 Page 49 of 101 water systems, which probably have no resale value, but they do have value in the fact that they are a functioning system and that is about the only assets that Meridian Heights Sewer and Water Association has. Does that address your question there? Borton: It does. Hill: Okay. I did want to point out -- I know there was some question about fire lines. There are fire hydrants in both subdivisions and I believe that every home has a fire hydrant within 300 feet, which is the -- my understanding of the current requirements. I cannot guarantee the flow to some of the older systems, but I do know that in Kentucky Ridge that the pipe sizing and such was adequate that the flows would be available under property water supply. And, then, just -- if I can quickly on the single point connection on the sewer, if you will look at very -kind of the end of the triangle there, the first pond, both -- yes, there is a confluent there where the sewer system from Kentucky Ridge and from Meridian Heights come together, they have one entry into the pond, and that's the point at which we would like to make the connection. So, that's why he's talking about a single point connection, rather than having to add sewer lines to all the individual homes. Barry: Mr. President? Rountree: Tom. Bany: Thank you. I wanted to just go on the record and say that, you know, Mr. Hill has described the assets that would be used as security or collateral for the proposed 15 million dollar loan to upgrade their infrastructure and I just want to go on record that the Public Works Department is not in support of having the collateral include the water and sewer infrastructure, because if we were to take over that infrastructure, then, there is question as to who, then, is responsible for the obligation of that infrastructure and pay back. So, thus, we had suggested a performance bond as a mechanism or possible mechanism to insure improvements were done to the site without the city having to unknowingly take on the financial obligations of the transfer from the -- of the water and sewer infrastructure from the association to the Public Works Department or the city, rather. I think -- I'm not certain and I'll defer to Mr. Nary to correct me on this, because I don't think any of us in the room are very familiar with the CID process, but there may be an avenue, however, in which we can come up with ashort-term solution to this particular challenge and you will still continue to work toward a CID process, such that the loan that has been referred to this evening could be acquired by the association to make the improvements to the association infrastructure in preparation for that infrastructure to, then, be transferred to the city. However, of course, the city does not want to have the transfer of that financial obligation and so perhaps before the transfer the -- if we were running the CID process in parallel, the loan that would be secured by the association could, then, we repaid by the CID loan, which would, then, tie the financial obligation to the property owners and the collection thereto of the infrastructure Meridian City Council Special Meefing/Workshop August 19, 2008 Page 50 of 101 improvements to the taxes of each of those properties, such that we could conceivably take on the infrastructure without taking on the debt. Now, I don't know if that's feasible. We are working diligently here to come up with creative solutions. I'm not an attorney as well and so I'll defer to those experts in the room to help us with the validity of that particular more potential solution. So, Mr. Nary, if you could help us. Nary: Mr. President, Madam Mayor, Members of the Council, I certainly wouldn't profess to know everything about the CID process, but we do have a person here that does. So, Mr. Carter Froelich of Development and Planning and Finance Group that's also affiliated with Evans Keane, he is here. He is here at our request. Certainly we weren't looking for a lengthy presentation, but we know that the CID process is probably available and probably the most likely solution to some of these issues and so we asked him to be here to assist us in this -- both with this issue, as well as the next item on the agenda. Froelich: Thank you. Mr. President, Madam Mayor, Members of the Council, my name is Carter Froelich and I'm the managing member of the Development Planning & Financing Group with offices here in Boise and in Phoenix, Arizona. As I was listening to this, I'm racking in my brain how we are going to -- and I was actually asked to come here on behalf of Leisure Lane and talk about how we might be able to finance some of the improvements related to that subdivision that also is -- my understanding has some of the same issues. I'd like to make it known that I'm not representing the Leisure Lane folks. However, I'm here for informational purposes. We were involved with Evans Keane in the drafting and the CID legislation and I think it has some applications for the Meridian Heights project, as well as the Leisure Lane, but I'm here to address specific concerns that you all have about the CID process. I did not come with a presentation. I was told to keep it short, so I'm more here to answer any questions you may have. But to give you a 30,000 foot view of the CID process, a CID is a separate political subdivision that is established by the city or the county on behalf of the landowners who petition the city or the county for the formation of this special purpose taxing district that its sole purpose is to issue tax exempt bonds to build public infrastructure. Now, when the CID legislation was passed, the politics of how the legislation worked is that the -- for the most part they all -- the legislature only wanted the CID to be used for regional- type infrastructure. So, we are talking about regional wastewater treatment plants, regional water lines, sewer lines, collector roads, arterial roads, et cetera. They did also set it up so that we could finance development impact fees as well. So, as I'm listening to Mr. West in his presentation related to the Meridian Heights project, I'm feverishly going through the statute trying to figure out how we can work through the statute to finance not only some the facilities that the Leisure Lane folks are requiring, but also the facilities that are related to the Meridian Heights project as well. I don't have any great ideas for you, based -- because most of the infrastructure that Ivan -- that I discerned on the -- on the listing that was put up is primarily infrastructure that fronts single family residential homes and by statute that type of infrastructure is excluded from the CID as being eligible infrastructure. Now, if we were to have a better description of some of Meridian City Council Special Meeting/Warkshop August 19, 2008 Page 51 of 101 that infrastructure, we might be able to -- there are some gray areas -- carve out some of the trunk lines for both the water and sewer and be able to finance portions of that infrastructure to be able to reduce some of the obligations that the homeowners or the various associations will be asked to come up with. That may be a solution. The other opportunity that you have available that is available for financing this type of facility for tax exempt bonds is the Local Improvement District and I'm not sure what the political winds are in regards to that, but that would be a situation where tax exempt bonds could be issued, the security would be the land that is benefiting from those improvements and that would- be the way to perhaps speed up not only the Meridian Heights infrastructure, but also the challenge that the Leisure Lane folks are going to have is that there is only 11 homeowners and it's -- when you look at the amount of infrastructure that needs to be funded, our information is 237,000 dollars, that's a very small bond issue. It works out if we were just going to issue a bond and we were able to find an underwriter to do it, we would be looking at about a 310,000 dollar bond with an assessment lien of about 29,000 dollars per lot, so -- I mean that's part of the challenge. If there is a way to bring the two together to develop enough synergy and economies of scale to make this where it's -- unfortunately, there are a lot of costs involved with this type of thing, but we are able to share those costs among greater homeowners -- or greater number of homeowners and, then, be able to lay down the leans to build the infrastructure, secure that by the property -- and, here again, all the homeowners would have to agree to this. I'm not representing anybody, nobody -- I mean I'm just exploring a concept. And, then, that bond would be amortized over a 30 year term. The credit markets right now are in disarray. We have issued - I'm not an underwriter, but we work primarily for the private sector financing infrastructure. The last bond we issued was about 7.4 percent amortized over a 30 year period and typically those bonds are in the -- in the low sixes or high fives. So, it just gives you a feel for where we are at. Hopefully, if this were something that the homeowners and the City Council wish to explore in more detail by the time the districts potentially were formed, the interest rates will have come down by then. I don't have a crystal ball, but that's my hope. So, with that I'm here to stand for any questions that you may have. Rountree: Not pertaining to this subject, but pertaining to the last bond issuance, what kind of bond rating are we looking at? Froelich: They were non-rated dirt bonds. So, secured by a three-to-one value-to-lien ratio. So, there was no recourse other than to the land. Rountree: Okay. De Weerd: Mr. President? Rountree: Madam Mayor. Meridian Clty Council Special MeetinglWorkshop August 19, 2008 Page 52 of 101 De Weerd: So, if you have two different areas in the scenario that you suggested might be possible, they don't need to be connected? Froelich: They -- are we talking about the CID? De Weerd: Uh-huh. Froelich: The initial formation -- and this is just an idea, but, typically, the CIDs are set up for funding big master planned communities. When we were dealing with League of Cities, one of the ideas that came across is to make this a vehicle available for everybody, large landowners, small landowners, to retrofit neighborhoods. Let's allow it to finance development impact fees as well. And so the idea was that a city could establish a CID that initially would be contiguous. So, that could be one landowner, it could be the Meridian Heights folks, it could be Leisure Lane folks, what have you. But, anyway, an initial district would be formed that would be contiguous. Later, other landowners could petition to annex into that district. So, this could happen within an hour of the first formation of the district -- so, in other words, the Leisure Lane folks -- I'm using them as an example, could form a CID. The CID is formed. The city -- three representatives of the City Council would be the governing board of the CID. Once the -- the CID board meeting is convened, they could, then, entertain the annexation of additional property to that -- to the new CID, provided one hundred percent of the owners of the property to be annexed were in agreement with that. So, I mean this -- and it would not have to be contiguous. So, this district could grow over time. My thought was that the city could establish the CID to not only assist in efforts such as the Meridian Heights to retrofit some of this improvements and hook it up to the city sewer system, but this -- the purpose of a district also could be for other landowners that wanted to prepay their development impact fees up front, rather than waiting until they pulled building permits. So, that would be the function. The city would benefit, because it would be getting development impact fees from home builders that wished to do this. Also, it would be benefiting residents who were either within the boundaries of the city or the wished to come into the boundaries, who were experiencing some of these infrastructure challenges. So, it might be something that the city could use to adapt to addressing some of its challenges. Here again, we'd have to work within the boundaries of the statute and the last time I checked I think the legislature meets every year, so it has to be tweaked, maybe that could done as well. De Weerd: Just a follow up. Rountree: Madam Mayor. De Weerd: So, because this was really designed for a master planned community, what would be the collateral? Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 53 of 101 Froelich: It's the land. It's solely the land and so -- and the way that we would have to issue bonds would be through a special assessment process. That is the only way that this type of financing -- be it LID -- well, obviously, LIDs have to issue assessment bonds, but aCID -- issuing assessment bonds is the only way that we could get that type of money upfront to actually fix the infrastructure challenges. De Weerd: And, Carter, what is the passage rate on the CID? I mean -- Froelich: Meaning? De Weerd: Property owners. Do you need a hundred percent? Froelich: Well, two-thirds need to petition -- two-thirds of the property owners need to petition the City Council for the adoption or the creation of the CID. Generally we have one hundred percent of the landowners, but in situations such as this where we have existing subdivisions, we would need two-thirds of the residents. De Weerd: Okay. But you're saying to designate one large area and that areas could annex into within those parameters, who is -- who are the voters? The ones that are wanting to annex into that CID area or the entire area? Froelich: Madam Mayor, it would be the individuals who wish to annex into, so -- De Weerd: Okay. Froelich: And that way we were able to pretty much assure that we were going to be able to annex into the existing district that would grow over time, so -- Nary: Madam Mayor? Madam Mayor, Members of the Council, Council Member Rountree, I mean one of the reasons Ithink -- what we were looking for tonight, once all the presentations were done, was direction from this Council that if this is an avenue you wish to explore more in detail, that we do that. I mean one of the reasons that I think the -- the public entities in the state eventually I think can support a CID process is because different than the LID, the entity that's formed is responsible for the debt. In the LID the city is responsible for the debt. So, that impact the city is bonding, the city's ratings, and those things and so there is a greater risk to the tax -- to the other rate payers, which I think this Council has said a number of times that's not what you're wanting is to fund this debt with the other rate payers having to fund it. This allowed it -- I think there is, obviously, a lot of detail, because this is new legislation, whether it timingwise can work for Meridian Heights, I do.n't know if there is a -- part of that's a long term solution, whether -- again, we are kind of ahead of the next -- the next item, but if those things can be done, I just know that we don't have all the answers tonight. I don't think you were expecting that, either. But I think we would be looking for direction of exploring this a little further to see what could work, what we could help these Meridian City Council Special MeeUng/Workshop August 19, 2008 Page 54 of 101 neighbors to be able to get these infrastructure improvements done in a reasonable fashion, but, again, there is risk to them and there is some e obviously, some work involved on the city's end to form this, but I think we are looking to I guess continue down that path, if that's the direction you'd like us to go. Bird: Mr. President? Rountree: Mr. Bird. Bird: Carter, how -- how secure do you feel that the CID is workable under the existing statute for this -- for these two types of -- we brought both in now, but these two types of subdivisions and stuff? As I read the statute, it's basically for large developments, new, I didn't see anywhere where there was redo's, but I -- as Mr. Nary said, I would be interested in a CID, if it's possible to look into it. Froelich: Well, one of the powers of a CID is that it has the ability to improve infrastructure. When I look at improve, could that mean repair? Yeah, it's kid of one of those gray areas. I'm not a -- I'm a recovering CPA, I'm not an attorney. But -- but I kind -- I look at it as -- and oftentimes the way we look at these situations, if you tell us what the rules are and you tell us what we are trying to -- trying .to accomplish there are ways to get from A to B to C and C being the ultimate place where we want to go and what I would need to know is to sit down with your legal counsel and to explore some of the -- and have a better understanding of the types of infrastructure we are talking about, not only for the two subdivisions in question, but any others that may come in and, then, try to get to C by whatever means we can and maybe we can't get there, maybe we can get halfway there, but I just don't have enough information at this point in time to be able to -- to be able to answer that question, sir. Bird: Thank you very much. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess Meridian Heights Sewer and Water Association has a couple of options if this seems like a viable one. I do think that bottom line, though, more the concern it seems in that particular proposal is the annexation aspect and because of the new law, as I understand what Mr. Nary conveyed, is you need one hundred percent consent and that would have to come from the association's efforts and I guess that's the challenge in front -- in front of them. Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 55 of 101 Zaremba: I don't know whether there are other people that wish to testify on it, but if we are looking for a sense of direction, I, for one, would be in favor of -- I guess it would be Public Works staff, Planning and Zoning staff, and legal staff continuing to expend some time on exploring where this could go. The end result of -- of annexing this area I think is a worthy goal that will come up at some time anyhow, whether it's immediate or not. I understand their immediate need and if the main question before us is do we want staff to spend anymore time on it, I would be supportive of saying yes. Rountree: Further comments? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, too, I'd like staff to come back or Mr. Nary to come back with if this is an emergency situation, I guess the city takes some responsibility for that one hundred percent annexation approval and I don't know if -- if DEQ has anything to add to it. It's just I guess my interpretation of why they are even sitting in the back row or our City Council chambers is to emphasize the importance of it. But I guess we do need clarification on that end, if it has to have consent before we can actually do the single point connection. Additionally, I would like to have better clarity. Mr. West had mentioned a large water right that might be associated with this. Is this part of the package and, if so, what does that mean and to bring details of that back in as well. West: Madam Mayor, Mr. President, I would be happy to get some additional information on that. De Weerd: And that was a quote. Large water right. Just wanted to make sure we understand scored that. West: Understand. Nary: Madam Mayor? Madam Mayor, Members of the Council, I mean just so I'm expressly clearly to you -- we are very rarely talking about two different things. The CID and the infrastructure improvements don't require the consent we are talking about, but it has been our city's practice before we would provide service, then, we would also want a commitment to annex. So, if I made it sound like they -- they are both required -- they are required for different purposes, but certainly if we are going to annex those parcels, now the statute requires that not -- do we not just have to provide them service, we have to have informed consent. So, we have to have specific consent to annex. Otherwise, there is other means to annex, but it's much more difficult and more time consuming. And if we are going to provide a service, I think, then, it's reasonable to expect a consent up front. I think certainly if that's the Council direction and Madam Meridian Clty Council Special MeeUng/VNorkshop August 19, 2008 Page 56 of 101 Mayor, we will certainly work with our planning staff and Public Works and those property owners to address and educate on that issue of where that needs to be done. Again, I think more than anything in the past a lot of it is just -- it's just an education that people haven't had enough information to understand the gravity of it. The other issue -- and I think maybe these folks could maybe answer it better from Lisa Meyers understanding and maybe Mr. Barry, I don't think we are talking about an emergency today, but certainly there is a point that's sooner rather than later, that they are going to have a significant crisis and I think that's what we are trying to avert. So, I don't think it's imperative today, but the window very big. Is that a fair estimation? West: Mr. President, Mr. Nary, you are correct, although in order for that emergency to be averted, the hook up for sewer needs to occur this construction season, so next growing season they will be unable to apply their water and a de facto emergency would exist. The other thing that I would just -- I think if I -- just for my own clarification, there may be, even -- even with all the education in the world sometimes people aren't always going to -- somebody is not going to see it your way and it would be my hope that the Council continues to be open to the potential that there may be a percentage of people, however small, that do not want to be annexed and I would be concerned that the rest of the population in those two subdivisions be subjected to a public health emergency as a result of those small people. I think sometimes that can create more problems than what a forced annexation would be able to solve, if that's the right term. De Weerd: But -- Mr. President? Rountree: Madam Mayor. De Weerd: I guess because you're going with the single point of connection it takes that stick away from us and that is a concern and that's why I think that the onus is on you in making the sale, because if it was a little bit different and you didn't want that single point of connection, we could go and say, well, in order to get the services you have to annex. Well, we can't do that with a single of connection and so that does take that incentive away and it does put the onus, in my opinion, on you and your efforts or the association's efforts and I hate to say that, but that is the only way -- if it was individuals, then, you could just refuse services to them and they will have to annex, because they need those services. The single point of connection changes that. West: Mr. President, Madam Mayor, I think that's an excellent point that we had not fully flushed out in our discussions earlier, but that is something that we will take a look at in individual connections as well. So, I think that's an excellent -- thank you for bringing that to my attention. Rountree: Steve, you indicated you wanted to talk about the annexation process. Do you want to defer that? Meridian City Council Special Meeting/Workshop August 19, 2008 Page 57 of 101 West: I think we can defer that. It think as long as -- and lappreciate -- I think that we have gotten direction to -- Rountree: She says it's okay. West: That's all we need to know, that we are to go forward and, again, continue to try to get resolution on these things and be able to come back to the Council with a proposal on the annexation and sewer hookup and more fully develop the plan. Borton: Mr. President? Rountree: Mr. Borton. Borton: Along those lines, you have done a wonderful job with a really sticky situation, in my opinion. What I would love to see clarified as sharp as possible is the funding options that you have listed. It sounds like you're well on your way to get it lined out, specifically with Zion's Bank, IDWR loan conversion -- it just might be procedural, but firm up as much as possible, whether those are really on the hook or not. One of the areas that the city has been burned in a totally different situation is to try to create a solution like this and there is -- maybe could be -- should be some funding option, the city does their part, things don't turn out, and, then, you come back and say, well, golly geez, it didn't work out, but with the best of intentions, so -- West: Sure. That's entirely reasonable. Borton: -- you run the risk -- West: Absolutely. Borton: Okay. So, as much as you can firm up that and, then, along those same lines, articulate the mechanism that follows from Mayor de Weerd's comments about nonpayment of fees and collection efforts and with a single point, if I'm Joe Homeowner, you know, and I don't pay my fees, what are you going to do, shut it off for 286 people? That's -- nobody wants that. The hammer to enforce payment of individual fees is missing or it needs to be articulated some way to create a solution for that. West: Okay. President and Councilman Borton, thank you. I will do that. Rountree: Any further comments? Guidance? Steve, thank you and agree with Mr. Gorton's comments, you have done a good job of listening to us and there are still some issues that we have and concerns and I think you have heard them and you're much further along than the last time. Meridian Clty Council Special Meeting/Workshop August 19, 2008 Page 58 of 101 West: I appreciate your allowing us the opportunity to present here tonight, so thank you. (b) Discussion on Leisure Lane Water Rountree: Thank you. Next item. Leisure Lane. Discussion and, Clint, are you going to kick that off? Dolsby: Council President Rountree, Madam Mayor, Members of the Council, this is the second subdivision that's in a similar situation, but the caveat with this one is like Carter presented, there is only 11 homeowners. They are located on Cheny Lane, oh, just to the west of West 8th Street. This is also an older county subdivision. They are under consent order from DEQ for their water system and with that I would invite any representatives from Leisure Lane to come up and say a few words. Sanchez: My name is Janet Sanchez, 1929 Leisure Lane, and I just want to thank you all for letting us come and speak with you tonight. As Clint indicated, we are a very small and informal subdivision. There are 11 homes on our street. Nine of those homes are a member of a very small community water association. One additional home that uses that well, but via a private pump in that well, so they are not part of our water association, and the 11th home currently has city water and sewer services. We have, however, had all 11 households involved in our discussions and decision making processes, because we knew that anything we do is going to affect all of them. Part of that is because we are on a private drive. So, whatever happens down that street to get services to all of us is going to affect everyone. As Clint indicated, our well has been disqualified by DEQ due to high uranium content and we are under consent order to implement an alternate solution. We have considered multiple solutions both to the water issue and funding of any of those solutions, including point of use, digging a new well and connecting to city services and we have considered various funding and as far as private funding or, you know, some kind of a loan, DEQ funding, those types of things and at this point everyone has agreed that city services is really the best long term solution to our issue, but we are still in a quandary over the funding, because none of those .options are feasible for us. We don't have assets that we can put up to back that funding, basically, other than our homes. We do have a preliminary design and cost estimate that was put together for us by Civil Survey Consultants and I think that you guys should have a copy of that in your packets and we have been having multiple discussions for several months with city staff about our situation and possible options. We had considered requesting an LID, but staff had told us recently that your preference was most likely the CID and we are aware, which has been -- come even more clear to all of us that there are still a ton of questions around the CID and how it works. So, what we have come before you tonight is basically just to present our situation. We have worked -- we are looking for your confirmation if the CID was your preference, but it kind of sounds like maybe there is still a possibility an LID is the better option. What we are looking for and I think what staff from our conversations with them Meridian City Council Special Meeting/Workshop August 19, 2008 Page 59 of 101 is looking for is your direction on what option we can pursue to resolve this issue. We do intend to install not only water, but to convert to sewer services as well and the plan that's been put together for us includes installing hydrants and meeting that code requirement also. So, as I said, what we are looking for from you tonight is your confirmation or some direction and your approval for city staff to move forward with pursuing those options and helping us form whatever the right type of district is, if you're in support of that, so that we can move forward and resolve this issue. Rountree: Thank you. Comments? Questions? Tom or Clint, do you have anything to add? Barry: No, Mr. President, not at this time. We continue to work with the Leisure Lane folks to try to resolve the same issues that were previously identified and discussed at length in the last presentation. As far as it relates to the LID as an option on this particular challenge, I would like to ask if the Council does want to direct staff to look into that more closely, the fact that there are a smaller number of properties in this particular case may provide us a little greater flexibility as it relates to the LID. Certainly that does not avert the concerns that we would have as it relates to administration liability on the city's part, as well as costs to form and administer the LID. So, barring those things with your direction we can continue to try to look into that more or if you'd like us to just focus our efforts on the CID process, which, again, I'm not certain is necessarily the most viable process, having heard Carter's presentation earlier. We'd just like to accept any direction that you might have as it relates to the CID or LID or any other financing mechanism. Bird: Mr. President? Rountree: Mr. Bird. Bird: Tom, what is the overall cost -- Barry: I have no idea -- Bird: -- on an LID? I mean what are we looking at, three hundred, four hundred thousand? What is it? Water and sewer? Bany: We do have -- Bird: Because I'm too lazy to get my computer out. Barry: Mr. Bird, I don't believe we have enough information right now to share that with you. Generally, my understanding of the LID does, however, require that each property be appraised and that differences in the appraised value are used to help levy the bonds or back the bonds, rather. Those costs for appraisals on each of the properties, Meridian City Council Special Meeting/Workshop August 19, 2008 Page 60 of 101 you know, could be anywhere from two to five thousand dollars on administration fees to acquire the loan and the loan origination fees and those sort of things will also be incurred. I'd say, again, this is very rough, meaning a couple hundred, maybe, but that can be rolled into the overall bond issue and so -- and, then, certainly you can also roll into that I believe administration costs the city would bear, so you can post bond for that as well or not post bond, but, rather, roll that into the LID assessment for each of the properties, so conceivably we could get those monies back, but there is an enormous amount of work up front to get that sort of process started. Rountree: Thanks, Tom. Carter, you had comment you wanted to make? Froelich: Carter Froelich, Development Planning & Financing Group. We had run some -- and I'm not sure if this is what the actual question was. What are the costs for establishing the district or what would be -- Bird: What would be the -- what would be the obligation the city would be under? Is it going to be a half a million -- Froelich: It will be less than ahalf -- Bird: The one we just had was 1.5. Froelich: Yes, sir. Bird: And this was -- you stated something like three to four hundred thousand. Froelich: Yeah. Roughly. And I was being very very general on the -- or I shouldn't say cheap on the cost to establish the district and we were roughly at a bond amount of about 310,000 dollars. That is assuming the costs that we were provided are accurate. And those are just rough numbers. But I think I figured out a way to solve the CID problem and I talked to -- so, I just want to let you know that I hope you're not taking that off the table, because I think there is a way to do it. It's going to C by B and -- but I think we can get there and I think we can roll this project in with it, but if not it would be nice to be able to take a look at the LID option as well as a backup. Bird: What kind of -- on the LID what -- what is the bond's retirement? How many -- Froelich: Well, the -- Bird: It's not 30 years, is it. Froelich: Well, the maximum is 30 years. Bird: Yeah. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 61 of 101 Froelich: Generally, city policy will dictate -- oftentimes they want the bonds paid off sooner than that. Obviously, the longer the amortization period the less the cost to the homeowners on a monthly basis or yearly basis. Bird: And we are dealing with such small amount of homeowners in this -- in this scenario that -- I don't know. Froelich: And that's why if possible it would be nice to roll it into a bigger bond issue to develop the economies of scale, so that -- because whether you're doing it for 11,000 homes or 11 homes, the paperwork's the same. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess probably it's worth exploring and certainly the neighbors would probably want to know what their options are, too. If it does create choices. Froelich: And I haven't even met them, so hi. De Weerd: He liked that recovering CPA by the end of -- Froelich: Yeah. Thank you. Bird: Thank you, Carter. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Not to throw another wrinkle in and I don't know whether this is a question for Public Works or perhaps Mr. Hood of Planning and Zoning, but do we put water and sewer lines under a private street? Wouldn't it need to somehow end up as a public street? Barry: Mr. Zaremba, Mr. President, we do prefer to have those in public streets, so e but there are mechanisms under which we can entertain, I believe, that would allow for the situation you have described. However, again, for the record our preference is to have all public services in public rights of way or streets and, again, keeping in mind that we don't own our rights of way, Ada County does, so -- but they are public, nevertheless. Nary: Mr. President? Meridian City Council Special MeeUng/Workshop August 19, 2008 Page 62 of 101 Rountree: Mr. Nary. Nary: Mr. President, Madam Mayor, I knew Mr. Barry would have to find a way to get that in, but I think the other issue, though, is the -- not only is it a private street, it's not a private street owned by these property owners either, so this is not -- the connection point currently is from Cherry Lane to Leisure Lane and that' portion, you probably recall, was part of the discussion with the library district and the library district actually owns that street now on that recent request that came in front of you. So, there is a portion there that now the library is the entity we would have to address on an easement or access or something else, because part of that discussion was to not make it a public street. Therefore, that limits our ability to get that service through there. So, we would have to meet with them, too, and these property owners to see about that connection. Sanchez: Mr. President? A couple clarifications. One on a previous discussion is that, obviously, the cost of this is a huge issue for us, because, as you all pointed out, there is a very small number of us. So, the cost being split amongst us is -- is pretty large for each one of us. And so just the cost, which current estimate, including connection fees, is about 287,000 dollars, plus we would have the cost of converting, you know, our homes over to the city connection and our sewer over to the city connection, because most of the neighbors are currently on septic systems. So, huge administrative costs on top of that that would, in essence, double our cost is going to be a huge concern. So, that's one of the questions that's still really on the table for us with either a CID or an LID. In regards to the road and the lines, I just want to make a clarification that the homeowners do own the road. The library owns the two lots -- the very end of our road and as part of their project with the rezoning they just did and their parking lot expansion, the city water and sewer lines already run part way down our street to serve that lot on the corner of Cherry and the orthodontist and accounting office that's on the east side of Leisure Lane on the comer of Cheny. Those lines come part way down that street, which is, in essence, not really a street, it is an easement. The library owns the property across that first section and it is their intention and they have confirmed to us that as part of their project they intend to run the waterline to the north edge of their property for us to pick it up from there. The plan indicates that the sewer line will come from the north end of Leisure Lane. Our home is at the very end of the street. We are currently on city sewer services and the intention is to hook into that line, which it currently comes most of the way across our property, with, of course, an easement for access to it and run it and that's due to the slope of the entire area. And the rest of Leisure Lane from the north boundary of the library property is an easement. The property lines come together somewhere in that driveway, if you will, and everyone has an easement to use that portion of the property for access to and from their homes. So, the property we are talking about truly belongs to the residents on Leisure Lane. There is no portion of it that doesn't belong to someone. But the library doesn't own the entire street, only the section that's on the two lots they own at the end. Just a comment to Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 63 of 101 that particular point. At the end of all of this that will become the biggest issue. Remember I said that. Sanchez: I think we are very aware of that. I mean, obviously, we are all very willing to, you know, provide easement and, obviously, that portion is going to remain open and we are not going to build on it or we are not going to be able to get to our homes. There is a concern with making it a public street, both because of the cost of that, because 1 think we are assuming that if it were made a public street you would expect us to pay for that, which we have enough problems trying to figure out how to get services down there, much less make it a public street. And it is not -- there is not enough space to make a full fledged Ada county approved width road and if that were done the street's pretty much going to be on our front porches for almost everyone on the street. De Weerd: Two very easy projects we are talking about tonight. Rountree: Yeah. Borton: Mr. President? Rountree: Mr. Borton. Gorton: Kind of go back to one of Tom's comments and suggestions. It would make sense to report back the viability of both the CID and LID options. It sounds like Carter's creating some potential solutions that we want to hear more about and, then, the funding and timing of each of those. Rountree: I agree with the comment. I think that the -- you folks probably need to get with Carter and his firm and with the Meridian Heights folks and figure out how you do get to A through C or -- or however you're going to do this. I'm more inclined if the CID works to go that way. I'm not particularly interested in having the city accept the liability of an LID, without some mechanism that may very well become onerous to the homeowners in terms of the city having a first on property in order to pay for some default. We just -- we don't like to take those kinds of risks for our rate payers. So, if there is a possibility of making a CID work, I would certainly welcome at least taking a breath and exploring that opportunity. And it would be a first, I think, if we could pull something off in the next couple months. Any other comments? Staff, what kind of -- I know it's going to take time, but it seems to me that the time right now is -- is back in the court of the subdivisions to fashion a plan and, then, bring it back through Public Works and to either -- if they can do this in the next month or next workshop or possibly the workshop in October. Sanchez: Mr. President, can I ask a question? Rountree: Yes. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 64 of 101 Sanchez: I was speaking with Mr. Baird in the attorney's office and in my conversations with him I was of the impression that his expectation was that we come before you and ask for your direction to basically give approval for city staff to pursue what it's going to take to form a CID. So, I think there is a lot of question around -- Rountree: Let me interrupt Irlght there. I think what you heard tonight is the CID is, basically, in your hands. You have to petition the city to form the CID. The city doesn't set up that district. So, you need to understand what your role in that is, along with -- if it's going to work jointly with Meridian Heights, how would you play off of their petition or how you would form a group that would petition the city to form this district. So, that's why I say, really, it's in your hands at this point. City staff can't do that for you. Sanchez: I understand that they can't petition and that we have to make the request. I think where part of the question is that there is a multitude of questions up in the air about exactly how does it work and what are going to be the costs associated with it going to be that really need to be answered before we would be in a position to feel comfortable coming to you and say, please, form a CID for us. Those questions need to be answered and I think that we need to do that in cooperation with city staff, so that everyone involved understands the answer to those questions, so we know if we want to ask and you know how you want to answer. Rountree: If your question is you want-the city to prepare that information for you, my response -- and I don't know what the rest of the Council's response is, that's not our job. Our job is to review what you present to us. Sanchez: I think what we are asking is how can we work with the city to get those answers and make sure that we are continuing to be in, you know, close communication and who are the right people at the city for us to be working with, because I don't know that Public Works necessarily has all the answers to those types of questions, it seems that some of that is going to need to come from finance and legal, et cetera, and so I guess I'm feeling like we need your approval for them to be spending their time on that and us to know who should we be talking to. Borton: Mr. President -- oh, go ahead. Rountree: I agree. You don't want to be run around and I think what city staff can and will do is provide guidance in what the city needs in terms of information and they can probably give you a punch list or an outline of what are the projected costs, what are the steps that you will be going through in a petition to request a CID. How many hookups are there and what -- valuations are there on homes, if you want to pursue an LID, those kind of things need to be answered. So, it depends on what scenario you want to pursue. There is a whole lot of work that needs to be done up front for an LID and if we Meridian City Council Special Meeting/Workshop August 19, 2008 Page 65 of 101 are talking the CID, I don't know that staff knows anymore than your folks about what needs to be developed for -- because it's new. Sanchez: Right. And part of our quandary is we obviously don't have the resources or the funding to answer questions for both, so we at least need to know which one should we be pursuing and we need input from staff and from you to give us direction on what route should we be taking, so that we are actually getting somewhere and not just circling. Rountree: Okay. Joe, you had a comment? Borton: No. You said exactly where I was going to -- Rountree: I will speak for myself and we can either get nods yes or no, but I think where we are inclined to go is the CID with the information we have been provided tonight, that there appears to be a way to get there. Sanchez: Okay. Rountree: So, having said that, I don't know -- Madam Mayor, you have a comment and the rest of the Councilman can weigh in on that. De Weerd: Yeah. Mr. President, I think there remains questions for this project, as well as the previous project. It might be prudent to get the leaders of those two projects, our staff, and representatives -well, Carter -- I'll commit your time to this. And see if we can define some of those items that are needed, make the assignments on who needs to do what and, then, you will have a better road map as to how to procedure forward. Sanchez: That would be wonderful. Rountree: So, staff will take the role in pulling together a meeting of the concerned parties. Sanchez: Okay. De Weerd: Mr. Barry, is that -- Rountree: Mr. Bang? Barry: Yes, Mr. President, Madam Mayor, we can certainly facilitate a meeting. We have provided guidance, if you will, to the Leisure Lane folks, letter dated July 31st, where we had recommended that they procure the services of qualified individuals or firms to develop an action plan that outlines the formation of an improvement district regardless of whether it was an LID or a CID. We also gave them some insight as to Meridian City Council Special MeetinglWorkshop August 19, 2008 Page 66 of 101 what they needed to include in that action plan and we struggle, however, to make progress, as I believe there is a difference of opinion as to who should be in the leadership role as it relates to gathering the information collecting the e the assessment information, identifying infrastructure, all of the -- infrastructure needs, all of the things associated with these two issues and I would suggest that, Mr. Rountree, in conformance with your comments earlier, we do not believe that staffs role is to do all of that background work. We have enough busy workload as it is and we cannot a we cannot devote the staff resources to isolated projects as complex as this, we need to rely, just as we do on the developing community to bring forward plans and specs and cost estimates, we need to rely on these associations to do that. Now, we understand and recognize that this is not something they are used to doing and it is something that is unfamiliar to them and it is very complex and we will work to that end to help them through this, but I just hope that the Leisure Lane folks understand that we cannot provide the level of service I believe that they are requesting from the city. Sanchez: I guess sort of my confusion is I almost feel like I'm hearing a mixed message. I understand what Mr. Bany is saying. We do have a proposal for the installation of the water and sewer lines, the fire hydrants included, and, you know, a cost estimate for that. So, we do have that preliminary work of the design and the cost estimate. Where we are stuck is with getting the funding and I felt I .heard earlier that you had requested staff to come back to you with more information about a CID and how they could work and that type of thing, which is really what we are asking for as well is some further clarification on the city's stance, the city's role in the CID -- we are not trying to ask you to go off and do it all for us, but the city plays a huge role in it and we'd like to work closely with you to work through that process and the understanding and the decision as to whether that's something you're willing to go forward with. Borton: Mr. President? Rountree: Mr. Borton. Borton: It might answer your question. Maybe, maybe not. I think to get you to that point is, as Councilman Rountree mentioned, the city facilitates giving you the data, costs -- it sounds like you already have that. But, ultimately, the city's role will be voting, you know, up or down on your petition for that mechanism. The preliminary question you have to answer -- and it's between you and perhaps Carter's company a by no means does the city or can the city volunteer them to do it, but an organization like that, to answer those questions and find out specifically how it would be set up, what it would cost, does the number make sense. If it makes sense and that data works out for you and your group, then, you can come back to the Council and say, hey, folks, the CID works, we can formulate a petition, here is how we would do it. Here is the timing. What do you guys think? And I think the city can weigh in, then, if they like that idea, but right now it might not work for you and whether it works for you or not, we can't answer, but the gentleman in the back can help you answer it. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 67 of 101 Sanchez: Could you clarify for me your comment about the city providing us with some costs? The only costs we have are the costs that were provided to us by a civil survey engineer for the actual installation. We don't have any estimates from the city as to what additional fees and admin and overhead and that kind of stuff would need to be added on top of that. And I don't know where to get those numbers, except from the city. Nary: Mr. President? Rountree: Mr. Nary. Nary: Mr. President, Madam Mayor, Members of the Council, Iguess -- if I understand the direction, what the Council is asking is for the city staff, Public Works, Planning, and legal department, to work on this issue regarding CIDs and what would that mean to the city and, obviously, we are looking atone large project. In addition to that, we have this very small project that may answer some of the same questions. I think my staff and ~I know Public Works staff and Planning staff are pretty good at being able to gather information, which is, I think partly what Mrs. Sanchez is asking for, and being able to, then, define to them this is the point you have to get your own counsel and this is the point where we can't advise you any longer, we aren't your representatives, we are just providing you some real maybe generalized information about some of that. I don't know how much more specific we can be until we get into that, but I think the counsel's asked for some information back from staff. We can certainly have that conversation. I think, like Mr. Bany, had suggested of facilitating a meeting about that, but there probably is a point that you're going to need -- whether it's through Mr. Froelich or having your own counsel that's your homeowner's group is going to have to go out and hire their own attorney to make sure their rights and their interests are protected. So, we can probably provide you some of the information you're seeking through what the Council's asked us for and there probably will be a dividing point where we as the city are going to say this is something you are going to have to go get your own advice about, because we can't provide that to you. Sanchez: Understood. And I think that make sense. I think what we are asking from the city is the same thing that you guys are asking from staff to come back to you with, so I think what we need at this point is to know what that answer that they come back to you with is as well, because I feel like we need that piece of information before we can go too much further on our own or -- we don't even know what questions to ask. Nary: Right. I don't think we are on two different planets. I mean I think we are on the same idea, Ijust -- as long as you know that there is a point where, really, we are providing information for the Mayor and the Council in what they have requested and we would probably have to advise you at that point you need to go get your own counsel to advise you folks. I don't think we are that far apart. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 68 of 101 Sanchez: Understood. Okay. So, one, what should we expect - do we know now what we should expect as far as when we might have some of those answers or -- because it sounds like we are in agreement that we kind of need to wait for that information before we go out to get our own counsel -- I'm just trying to get a feel for what timeline we should expect to move forward. Barry: Mr. President? Rountree: Tom. Barry: Mrs. Sanchez, I'm sorry, I'm not certain what kind of information you lack or the questions that you have and I don't mean to put you on the spot tonight, but if you have some guidance for staff as to what it is -- the information is that you're requesting, we could certainly tell you whether we have got the information or whether we can get the information or whether or not you need to pursue the acquisition of that information yourself. So, again, that doesn't need to be -- we don't need to know this evening, but you -- certainly in correspondence with my staff -- and are free to continue to do that, we advise that you do that, and -- but please be specific about the information in that correspondence that you're looking for from staff, so we can help guide your movement through this process, so -- and that's what we sort of are uncomfortable with at this point in time, the past a-mail communications between my staff and yourself have led to, I think in part, that misunderstanding and we would certainly like to have clarity on what it is exactly you feel you need in order to move forward, so -- Sanchez: Okay. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess so we don't continue to just talk in circles, I think the first thing is to facilitate the meeting, get the various voices at the table and make those definitions. I don't know if Mrs. Sanchez really knows what information she needs at this point. But it would be helpful that you don't talk through us, that you have Carter, yourself, our attorney, the homeowners at the table saying what is -- what are the pieces of information needed, who is the appropriate party to get it, and before we go into that meeting you know the definition of what is our role, so that you can help define our aspect of it. Does that make sense? Barry: Absolutely. De Weerd: Okay. Does that help? Meridian Clty Council Special Meeting/Workshop August 19, 2008 Page 69 of 101 Sanchez: Yes, it does. De Weerd: Okay. Sanchez: Thank you. De Weerd: Thank you. And Carter is nodding in the back, so we are all good. Good deal. Rountree: We just need a meeting date. De Weerd: And you can set that tomorrow. Okay. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Before we move on, just an observation and perhaps this is another sideways comment, but a couple of issues have been raised about uranium and drinking water and I think we have heard that subject before on other wells around and I realize uranium is not desirable in drinking water, but it is a valuable commodity. Isn't there some way we could extract it and make the water better and sell the uranium? Rountree: Not in the minuscule amount you're talking about. Zaremba: Oh. Okay. De Weerd: Mr. President, I -- Rountree: Madam Mayor, we are going to take a 15 minute break. (Recess.) (c) Enterprise Fund Rate Model Presentation Rountree: Next item on the agenda is the rate model presentation. Tom, are you going to lead that? Bany: Yes, Mr. President. Rountree: Okay. The floor is yours. Barry: Thank you, sir. Mr. President, Madam Mayor, Members of the Council, you may recall last month, I believe it was the 14th of July, we presented information regarding Meridian City Council Special MeetinglWorkshop August 19, 2008 Page 70 of 101 not only our budget and requested items in the fiscal year '09 budget, as well as accomplishments of the department and various other issues associated with our department, we also presented a -- a rate presentation in which we described three scenarios under which we included various inputs associated with modeling. One of the -- one of the things I'd like to mention is that we provided that rate portion of the presentation we gave in July to you and, hopefully, you found it in your boxes. Tried to do that to facilitate or expedite, rather, our presentation of this to remind you of where we left off. As you know, we have some financial issues that we need addressed and the history that was presented in that presentation I hope laid out the fame work associated with which the -- with which we need to work within to insure that we continue our operation in the positive. So, tonight's presentation is at the request of the Council to dive more into the details of the rate model that we had discussed on the 14th, particularly to provide Council some insight as to how the rate model works and, then, to provide an interim or initial recommendation as to a modification of the rates for the Council to consider and provide feedback on. As it relates to tonight's presentation, the agenda is as follows: After the thanks that I'd like to give to the staff who helped with this presentation. We certainly have many folks to thank. I get the pleasure of presenting this, but I also want to make sure, however, that all of the staff who put a lot of time and effort into this presentation are recognized. Certainly I appreciate the leadership and guidance from the Mayor, as well as the Council President, my liaison. I also appreciate the collaborative nature with which Public Works has worked with the Finance Department, Stacy Kilchenmann, Todd Lavoie, and Rita Cunningham have been phenomenal to work with and owe -- I owe a -- not only a debt of gratitude for, but a lot more than that. I'd like to also thank Becky LeCary and Carrie Glen from my admin team. Bob Field, our volunteer. Clint Dolsby and Kyle Radek from our engineering group. Rick Clinton and Tracy Crane representing our water and wastewater groups and our consultant Ed Squires from Hydrologic, who has been -- who has been helping us along the way in getting our water infrastructure plans up to speed. So, as it relates to tonight's agenda, I'd like to talk a bit about the rate model, specifically the assumptions, the input, and the approach that we utilize. I'd like to go from there and give you the rate recommendation that is if -with those inputs and assumptions, what the rate model is telling us at this point in time. We'd like to follow that up with some rate forecasting and impact analyses, just to give you some --abetter idea as to what it's moving forward as it relates to how the model can be a predictive asset for us in helping determine what we need to do today in order to make more palatable the future financial challenge that we have. I want to talk a little bit about rate structure as well, since we are talking about rates and impacts, we should maybe touch on rate structure, get your input as it relates to whether or not you continue to agree with our current rate structure, show you how that works and, then, also provide at least a couple options for your consideration on the rate structure. I'll provide a brief conclusion and, then, hopefully, we can have some time for open discussion. Having said that, we will just dive right in. I have just one or two summary slides to pick up where we left off last time. As you know, our financial position is one in which we need to be more diligent about looking forward and being assertive, as well as anticipatory about what we do Meridian City Council Special MeetinglWorkshop August 19, 2008 Page 71 of 101 today, such that we can embrace the challenges of the future. Many of the challenges have been brought about by our local and regional and national economic changes, the trends that we have seen in the last several months to the last couple of years, for that matter, have impacted certainly our operation in both the water and wastewater groups. We have mentioned - or I had mentioned last month the reduction in utility rates in 2002 also had an impact on our revenues. We estimated that we have lost at least about 8.1 million dollars between 2002 to 2007. We have not yet done the calculation for 2008, but it looks on the order of about one and a half to two million dollars in addition. We also recognize that over that five year period between 2002 and 2007 we are experiencing reduction in water consumption and, of course, when people purchase less water, we make less revenues and this is, of course, impacting our revenue. The good side is we hope that that is associated with conservation practices. We think that might be part of the key to that. We also think, however, that there may be -well, that the continuance of bringing folks on to pressurized irrigation had had some impact on reducing water consumption from the domestic supply. Reimbursement agreement policies as of late have also impacted our financials. We had taken a position of paying off all reimbursements, late comers agreements at one time, which certainly impacted our overall ending fund balance and, then, our current practice, off and on, seems to be, you know, in some cases payments in full upon construction, which is a policy that we are, at the Council's direction, looking into and we will be presenting some information as it relates to modifications to our current reimbursement agreement policy and ordinance. Increased capital spending over a short period of time, as you know we have grown phenomenally and to accommodate that growth we have had to invest heavily in our infrastructure, so that has, obviously, impacted our revenues and expenses. As is the rising cost of capital construction and, then, of course, declining interest rates impact our -- our interest -our interest earnings on balances. And, then, lastly, I just wanted to, again, point out that as the regulatory environment continues to mold and modify, we expect that additional regulatory requirements are going to continue to impact our future expenses. As a reminder, the phosphorus rulings that we expect to come here soon impact our wastewater treatment plant. As you have heard tonight, the impact associated with uranium to a couple of private water systems are certainly not isolated to private water systems. We have one well that is not functioning because of the same reason. Another well that we are keeping a close eye on. So, we know that the regulatory environment does have an impact on our fiscal position and we need to be aware of that. I also presented this slide, which shows our Enterprise Fund balance history over time from about 2000. At its peak our ending fund balances were on the order of around 48 million -- 47, 48 million. The ending year projection for 2008, without a reserve is about 10.2 million. With a reserve, which I'm recommending, we would -- with the Council's approval, have an ending fund balance of cash at 6.2 million. If we project that forward into 2009, we expect with a reserve that we fall to about three and a half million dollars as an ending fund balance. This has caused us, of course, some pause and opportunity to really look and scrutinize the way we do things now. What has helped us to -- to scrutinize the way we work is to look at our overall capital means into the future and we have done a fantastic job to date and we continue to work Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 72 of 101 on improving our five year capital improvement program plan. Currently, however, in that plan we have identified about 15.9 million dollars over five years worth of capital improvements associated with water department infrastructure. Some of these are well rehabs, some of them are new wells, a variety of different infrastructure. In the wastewater department the five year cost is looking more like 36 million or so. Again, for new infrastructure, replacement infrastructure, upgrades, those sorts of things. Some of the drivers, as I mentioned earlier, are more stringent regulation, repair and replacement. As we learn more, I think I mentioned earlier that in July, as we learn more we learn more about what we need to do and that's certainly -- it generally includes costs to make improvements. New technological advancements which help us in our overall operation might have an upfront cost, but may, we hope, improve operational efficiencies and a lower cost over time. That certainly is something we want to look into. And, then, of course, our growth related investments continue to drive a lot of the need for the addition of our infrastructure. So, having said all of that, we recognize, Public Works, with the help of Finance, we recognize the need to look forward -- more forward than we have traditionally looked as it relates to trying to identify where we are going to be in the future financially and this led to the development of a multi-year rate projection model. Our existing model that we have been using the last several years was a one year model. This one year model does not do a very good job at predicting or accommodating future impacts or needs. It is analogous to driving down the road at 60 miles an hour with your door open looking straight down. The problems that you face will be upon you when you know that they are problems and so your reaction time is very poor. So, we feel like we don't want to drive that way any longer and what we would like to do instead is to lift our head and look forward and this new projection -model -- rate projection model allows us to look forward over a six year period now. So, if we can look down the road six years and identify what the impacts are going to be in six years, we can prepare for them now, thus reducing the crisis situation that might -- we might otherwise face having not had that opportunity. A couple -- excuse me. A couple things about our -- our multi-year rate model is that we have done a good job of separating out water and wastewater utilities and you may recall from our earlier conversation in July that it was very difficult for us to identify what water rate or what water services cost, what sewer services cost. If the revenues for one covers or subsidizes the cost for the other. So, what we did is internally we separated water and wastewater utilities. In water we separated further our operations from capital and, of course, in wastewater we did the same. So, we took one giant pot of money, which is the Enterprise Fund and we split it into four quadrants, one being water operation, the second being water capital, the third being water -- or, excuse me, wastewater operations. And the fourth being wastewater capital. This rate projection model allows us to input a variety of different information in order to model different scenarios and that variability in our projections has allowed us to provide additional insight as to where we are moving and what we should expect to be coming down the road in the future. Our multi-year rate model also now includes personnel growth and inflationary factors, which help us to more realistically project costs associated with each of those areas. We also can project, as I mentioned, the resultant Meridian City Council Special Meeting/Workshop August 19, 2008 Page 73 of 101 impacts over a six year period. And I want to show you the benefit of utilizing a multi- year rate projection model in comparison to the model we currently use. What you see here on the right is our current rate structure. Water base and usage and, then, at the rates and, then, sewer base and usage again. Base is just the amount that you have to pay in order to have the connection and, then, usage is what you pay on a per thousand gallon basis. Our existing program or business model has the following input -- has traditionally had the following impact. If we utilize for this example all of our FY-09 enhancements to keep everything constant, but we do not include an operational reserve. We do not include a capital transfer, we do not include a depreciation reserve, and we do not include any regulatory compliance needs. What we see is if we chart all of this on a graph where we are financially as it relates to ending fund balance projections. What you will see is that, essentially, our wastewater ending fund balance is on -- for the fiscal year 2009 or ending the fiscal year 2009, is about 2.7 or 2.8 million dollars. Water would be on the order of about 4.5 million dollars. And so you add those two together to get your overall ending fund balance in the Enterprise Fund, which is the red square and that tells you that you have, you know, essentially, 7.2 or so or 7.3 million dollars. That is again, without an operational reserve. Now, if you take the same information and you move forward, that scenario -- if we were to do this year by year by year by year and plot what was going to happen looking backwards, this is what it would look like. The benefit of having a rate projection model is that we don't have to wait for this scenario to unfold, we can, instead, look forward and respond. Under this scenario, projecting our overall ending fund balances as it relates to water and wastewater cash position, we can see that the water -- the blue line here, which represents water, comes very very close to zero and the wastewater line goes negative in 2000 -- it's a bit far for me to read. I believe it's 2010. What happens is as the wastewater ending fund balance plummets, it pulls with it the cash position of the water utility and that's what this red line -- this red dotted line means, because that is the sum of the blue line and the green line. So, what this means is that if we continue down this -- down this path and we were not able to look forward as far as we can now, we would expect to have serious concerns in about 2011. So, that's one of the biggest benefits of doing a projection model is it helps us to now have a dashboard by which we can take information and make adjustments today in order to prevent this kind of scenario from occurring. So, this new approach that I wanted to speak more about is the, of course, multi-year rate projection model. I wanted to give you some of the assumptions that we have used in the scenario that we are recommending for your consideration this evening. You will remember in July we gave you three scenarios to consider. What we had done in this particular example is taken our best stab at what we believe is -- or should be considered by Council as it relates to modification of rates. So, you will only see one recommendation here, because we have tried to streamline all that information, and that recommendation is based on the following assumptions, inputs, and approach. The assumptions are that population growth factor will be about three percent. You can agree or disagree that it will be three percent, you know that right now we believe it's floating around one and a half percent. However, we have come off a couple of years of around 15 and a half percent. So, we wanted to be -- we wanted to be as accurate Meridian City Council Special Meeting/Workshop August 19, 2008 Page 74 of 101 as we could as it related to the numbers, but certainly that's just -- you should know that that's the assumption that we used. Our personnel growth factor. This relates to personnel costs, insurance, benefits, staff growth, whatever, is included in here at a growth rate of three percent. And, then, our construction costs inflator, this is a -- an inflator as it relates to how much we believe construction projects will cost in the future on a year by year basis. We use the five year ENR, which is Engineering News Report, at 4.04 percent. This is just really an inflationary factor used for construction projects. So, those are the assumptions that we use. We can -- Borton: Mr. President? Rountree: Mr. Borton. Borton: Tom, can I interrupt real quick? Barry: Yes, sir. Borton: On the personnel growth factor, is that a percentage of increase for each personnel unit or the department as a whole? Barry: Across the board. Across the board. So, that represents -- Rountree: Merit increase. Bany: Merit increases. It represents our commitments to retirement or medical benefits or all of that stuff. Borton: On an individual basis, not the -- the cost of the department as a whole, the personnel cost increase, because you will have new hires, by way of an example. Bany: Right. And that is included as new hires as well. So, what we did is said, okay, personnel might cost us 2.5 million dollars in water -- and I'm not saying it is, I'm using that as an example. We just took that 2.5 percent, multiplied it by a three percent growth factor year by year by year and, again, we did that, because we were trying to cover these additional costs we know are going to be incurred with merit increases, bonuses -- or not bonuses, but benefits, retirement, new hires, all of that stuff goes into that. So, that was just our best -- our best guess. And, again, like I say, you should be familiar with these assumptions, because if you don't agree, we can modify them very easily and rerun the model and see what it says. Borton: The only thing I would add is it seems low -- it seems the -- within reason on an individual cost of a single employee could increase annually at that rate when the costs for personnel for the department would increase. You know, if that's the individual rate, plus the inclusion of new employees being greater than three percent. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 75 of 101 Bany: It could very well be greater than three percent. We made the assumption that we weren't going to grow very much. Borton: And that's okay. Councilman Bird says that's good. Okay. Thank you. Barry: Now, you know, I can't make comment as to whether that will come true or not and, again, that's the disadvantage of projection, we have to take a guess as to where we think we are going to be. So, that was the number we used and, certainly, if the Council would like us to modify that, we are happy to do that. On the scenario you should be familiar with the inputs that we utilize as well. As you know, I'm recommending -- and our finance director Mrs. Kilchenmann is recommending an operational reserve. For water we are recommending an operational reserve of two million dollars and the same for wastewater. This represents in each of those groups about a six month reserve. That -- that should be sufficient. We shouldn't have to build that reserve, six months should do it. Some utilities have, you know, two months, three months, zero months, six months, nine months, it's all over the board. It's just, really, whatever you're comfortable with. That was the number that we chose. We also chose for a capital transfer, you may recall in July when we spoke about the need for capital transfers and the benefits of capital transfers, we included in this scenario a water capital transfer on the order of about 1.4 million to 1.7 million to finance capital needs. And, then, in wastewater from 3.5 million to about 4.5 million. Certainly, the needs in wastewater, as I -- as I presented earlier are greater than that of the water department and, therefore, the capital transfer is greater. For depreciation financing, I wanted to explain that I utilized a simple straight line depreciation approach. The -- the straight line approach just, essentially, takes your total asset value of all of your infrastructure and divides it by your service life. So, my asset value in water is about 800 million -- or, excuse me, 80 million -- not 800 million. It if was we would have big problems. The wastewater depreciation or total asset value is on the order of about 125 million. I believe these numbers are low, just so you know. We don't really have a very good way of determining what the true value is. A lot of the infrastructure was put in before we started keeping records of it, but this is what we have on the books now and so that's what I decided to use. The infrastructure service life. This is another variable that is highly debatable. I utilized 75 years. Some utilities utilize 50 years, some utilize a hundred years, some utilities will take the actual service life -- expected service life and group those into tiers. Others will have a specific service life. But what's important here is that whatever your service life, it does impact your overall depreciation set aside. So, if you just take the inputs that I have plugged in here, the annual financing would be 1/75th of the total asset value, which would equate to an annual set aside for the water department for depreciation financing of 1.1 million and for wastewater 1.7 million. That means we would be setting aside every year 1.1 for water and 1.7 for wastewater, but that would accrue. We currently don't accrue our depreciation financing. What we do is we just replace it. And that's a very very dangerous position for us to be in. We should really be accruing our financing. And we should be spending that as well. We don't Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 76 of 101 expect that there will be a single point in time 75 years into the future where all of the infrastructure is going to be replaced at once. Instead, we know that as infrastructure ages and we need to repair or replace things, we should be utilizing this depreciation financing set aside to finance those -- those upgrade replacements. So, moving our CIP -- our five year CIP toward a depreciation and a new infrastructure financing approach will help us to make sure that we have balance in the depreciation financing portion of the CIP. And, then, lastly, we talked about a regulatory reserve in one of our scenarios in July. I did not include a regulatory reserve. This is something that the Council could ask us to consider and run the model on. You will remember the third scenario I presented in July did include a regulatory reserve and you can see - or, hopefully, you will remember that that was a pretty hefty investment and requirement in increases for rates in order to cover that. Does that mean we should ignore the regulatory requirements? Absolutely not. But we are in a position here where I think we just can't take too big of a bite at this point in time and it may be something we need to consider next year or the following year. And certainly I would feel more comfortable after we got more information as it related to what really looks to be the regulatory - impending regulatory requirements on us. Our approach was fairly straight forward. Our model included all of the FY-09 enhancements that are proposed in the current budget, which the Council has thus far approved with limited modification. I did utilize a just-in-time capital financing strategy. I know that was discussed at our July meeting and we certainly can discuss it again here. The approach here is, again, to just budget the money that you need for any one project at any one year, but to have the Council approve the overall project at its inception and, essentially, ferret out or allow only the monies needed for any one particular year, that helps us to reduce our overall commitment or encumbrance on any particular line item in the fund has its benefits, but certainly that is something that can be discussed later, should the Council desire. The model, as I mentioned before, attempts to anticipate current revenue needs based upon future operational capital and depreciation needs. So, we are trying to say what are we going to need in the future and how do we embrace that today. So, note that our capital needs are going to increase as we team more about our system, as we get new regulatory requirements, as we revise our capital plan, as we upgrade our existing infrastructure. Or don't expect for the capital needs to go down, unfortunately. That would be great. But we are a long way from that. So, I didn't actually put the model into the screen, because it is enormous and it is full of all sorts of numbers. I'm happy to provide that to you in a spreadsheet, which you can go through and pick apart, but, essentially, I picked out the highlights as it related to what we utilize in our -- in our overall rate recommendation. And I apologize for the size here, but I wanted you to -- I wanted you to get aside-by-side comparison here. I'm hopeful this is on your screens. No screens tonight? Okay. Well, let me help you through this. Bird: I can see this one. Barry: Okay. Great. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 77 of 101 Bird: I told you I was too lazy to get my computer out. Barry: So, let me walk you through this, then, since it is a bit hard to read. On the left this graph right here represents the water e the changes in the water rate. The graph on the right represents the changes in the wastewater rates. Currently -- the current rate is this bar right here and for water, our current base charge is $4.04 here and our current usage charge is $1.39. When we run the model with the assumptions and the inputs that I discussed with you, it tells us that we need, in order to sustain a positive financial position, that we need to increase the base by 97 cents and our usage by 33 cents, bringing the total base charge to $5.01 and the usage charge to $1.72. Over on the sewer side again, this -- this bar graph represents current -- our current sewer base rate is $4.74. Our current sewer -- sewage usage rate is $3.04. Our proposed rate -- or when you run the model, the model tells us that we are going to need to increase our base rate by $2.82, and usage rate by $1.81. This brings the proposed rate under the model scenario to $7.56 for a base and $4.85 for usage. Now, if you convert this impact to average user, that's what this chart here at the bottom tells us. And I'll read this across. The average family water bill currently is on the order of $15.16. Under the new rate structure that average bill would go up to $18.79, for an increase of $3.63 or a percentage increase of about 24 percent. The average family sewer bill is currently $19.94. The proposed rate for the average family sewer bill would be $31.79, with a dollar difference of $11.85 and, then, a percent difference of about 59 percent. So, the total monthly bills are down here for the average user. That means that the total monthly bill currently between water and wastewater -- this is the check that our rate payers write to us monthly currently, for the average user is $35.10. That would go up by $15.48 per month to $50.58, which is an overall increase of 44 percent. I would like to say that the average user in this scenario is -- for water an 8,000 gallon usage and for sewer a 5,000 gallon usage. Sewer is less, generally, because it does not include -- it is generally an average of the winter water consumption, which does not include irrigation. So, we don't charge folks the sewer amount, because we believe in the summertime the water increases are going to the lawn and not down the wastewater system. So, what does this do as it relates to ending fund balances over time? And this is -- this is what the model tells us. It says that in 2009 we are not looking too bad. In 2000 -but, essentially, over the time from 2009 to 2014 we had a general decrease -- for 2013 I should say. We have a general decrease in remaining cash for our wastewater and our water utilities. This can be disconcerting or it can also be reassuring. The thing to keep in mind is that what you're seeing on the screen does include a two million reserve for water and a two million dollar reserve for sewer. It also includes an annual set aside of the amount that I specified earlier for depreciation financing. So, having those safety nets does help us to be reassured in the fact that we are approaching a low ending fund balance between the two utilities. However, the down side to that is if we are going to continue under a pay go policy, that is a pay as you go for infrastructure and everything else policy, this is not the best position to be in, because what this states is that if you have to pay for big ticket items, you really only have 1.3 million dollars in 2014 from the water fund and one million dollars, essentially, from the wastewater fund to pay for Meridian City Council Special Meeting/Workshop August 19, 2008 Page 78 of 101 those items. We know that there are some big ticket items coming down the road that extend beyond the 2015 time horizon here. The model just, however, hasn't picked those up, because it's not built beyond 2014. So,, under the general rate -- under the assumptions that I have described and the inputs that we utilize, we end up with an overall average increase in water and sewer of 44 percent. That coming from 24 percent increase in water and 59 percent in wastewater and this is the result. I want to talk a little bit about what this rate modification would include. As I mentioned it includes all enhancements as proposed in the FY-09 budget. It includes the dedicated six month operational reserve for both water and wastewater. A dedicated accounting transfer to both water and wastewater. A dedicated accruing depreciation reserve for the water and wastewater utilities beginning in FY-10. Couldn't afford to do it in FY-09. And, then, what it does not include is a regulatory compliance component. It's -- we can accommodate that, but it wasn't included this time. Here is what the rate does -- the rate suggestion does. It brings stability and predictability to our fund. It also positions our utilities to meet all of our immediate needs and helps us to meet some of our short- term future needs. It helps us to adequately finance our existing public facilities and services and one thing to keep in mind is that it will require future adjustments to continue to rectify the declining trend that was displayed on the model. The good news is that it doesn't go below zero. I want to keep this in perspective and this graph and information is presented to try to keep that in perspective. I know it's hard to read again here. I'll go from right to left on the chart. This represents the average -- what we did is we called up a bunch of utility companies and we said what's the average bill for your customers? And this is what we got. In garbage we got an average bill -- monthly bill of $15.45. With our new proposed rate in Meridian water, average bill would be $18.79. We step that up to the sewer bill, average is about $31.79. And, then, for intemet, phone, and cable TV, those are all coming in around 35 dollars, according to those entities. Some folks say that's high, some folks say that's low. In any event, moving on. Natural gas charges, of course, that depends upon your home size, your usage, the temperature, all these things. Now, we have heard from the gas company, it's about 75 dollars per month. Of course, that's not every single month, because most people aren't using that kind of gas in the summertime. And the same for electricity it's the inverse. But, generally, that's 87 dollars. And, then, cell phones. This is cell phone costs on the order of a hundred dollars. What I'm trying to display here is that the Meridian Public Works Department provides life, safety, and essential services. Water and sewer are, however, amongst the cheapest services out there. If you consider garbage, which is -- which is only less per month here, is really a four times a month service, which is an important service -- we are providing services 24 hours a day, seven days a week, 365 days of the year, for the most part uninterrupted. I understand that this may not be the glamorously recognized as by sirens and lights, for example, but we also consider that our community would not be what it is without these essential life safety services. And I also put up here for your consideration the costs associated with other per gallonage products. A gallon of gasoline, as we know -- I had to -- because I was going to present this a couple times, this has gone up and down and up and down, but, essentially, right Meridian City Council Special MeeUng/Warkshop August 19, 2008 Page 79 of 101 around $3.99. A gallon of milk $3.79. A gallon of water at the supermarket, about 99 cents. A gallon of Meridian water is one-fifth of a penny, so -- De Weerd: I thought you would say priceless. Barry: It is priceless. Yeah. That's true. I should have said that. I would also say that the price -- the price a -- I didn't put up here the price of a gallon of sewage treatment from -- from our wastewater plant is one-third of a penny. If you consider just for a moment, if we could charge what the bottled water companies charge for water, the average bill for our citizens would be over 8,000 dollars a month. It's pretty phenomenal. So, I wanted to just -- I know these are big numbers that we are talking about, but I wanted to keep it in perspective. 1 also think that you may be asking the question later what happens if we implement these rate modifications, if we so choose to implement them at all, over amultiple -- multiple periods? And so I wanted to have a brief discussion as to what impacts you might see or expect to see if you implemented these modifications over time. This is a somewhat confusing chart, but it's actually very easy to read once you know how to step through it. Consider as an example -- now, this is just as an example. This isn't real life, except that the numbers are real life, but the percentages are not real life. I just wanted to do it to have round numbers. But consider, for example, that you needed a 50 percent rate increase and you decided to take that 50 percent rate increase in a one year period. So, this is the period. The loss of revenues in taking that 50 percent in the first year is zero, because you're getting all those revenues in that first year. If, instead, you break up that 50 percent revenue over a two year period, that means the first year of the two year period you're charging 25 percent increase and, then, in the second year you add another 25 percent increase. If you do that, however, you actually lose in the water department 1.5 million dollars just by delaying one year the overall increase. Now, you continue that trend further in this analysis and you say if you took the 50 percent rate increase over three years, that is an equivalent of about 16.7 percent per year, so you're going to lose over that three year period about three million dollars. Over the four year period, although you can get the rate reduced, you're going to lose 4.4 million dollars. Over the fifth year that's ten percent per year for five years. You're going to lose almost six million dollars. This is very important to consider when you're going to talk about what you may or may not want to do as it relates to rates. Now, this is the graph that shows the same relationship, but with a little bit different dollars in the wastewater group. The concept is the same. Take the rate increase in the first year, you get all the money that you need to balance in the first year. You take it over two years, you start losing revenue. Over three years you lose more. Four. Five. So, that's an important concept to grasp. This is another confusing chart. Let me explain this one. If you decided that you did not want to lose the money I just described, then, you could increase the rate an additional incremental amount and spread it over time to not lose that money. Here is the example. If you took a 50 percent rate increase over the first year period, then, your equivalent rate increase is going to be 50 percent, because you took it all in the first year. If, instead, you took that rate increase over two years, you would be thinking it Meridian City Council Special MeetinglWorkshop August 19, 2008 Page 80 of 101 was 25 percent for two years, but if you don't want to lose the revenue that I talk about in the previous slide, you, actually, have to tack on another three percent, which means over the two year period our rate payers would be paying six percent more if you didn't want to lose that revenue. If you took it over three years, the equivalent was about 17 percent, but you would have to raise it another four percent per year to have an overall increase of 21 percent per year for three years, that means the rate impact to our citizens would be an additional 13 percent over that three year period, which means it costs them really 63 percent over the three year period. What this is trying to do is describe that although it may seem prudent to delay the implementation of a rate or distribute it over time, there are consequences financially for doing that. And as long as we keep that in mind, if we do that and you want to make up the revenue, that's fine. If not we know what we are getting into. That's, essentially, what this chart is trying to help to demonstrate. I hope that you understand that, because it is a pretty confusing chart. Are there any questions on this chart? Okay. Moving forward. Here is the effect of delaying the rate adjustment as it relates to our existing model. Now, this chart over here on the left, this is the actual model result with the inputs and assumptions that 1 have described to you. So, this is -- this is no different than what you saw a couple slides back, but this represents the same input and the same assumption, but, instead, distributing the rate over only a two year period. What you can see here is that although we have a declining trend here, we continue to maintain positive cash flow all the way through the year 2014. However, if we delay the rate over a two year period, you can see that in our wastewater ending fund balance we only have about three years before we have to do something drastic to make sure that we don't go into the red. In water we also dip down, but don't go below zero. The red line, again, represents, because we have one fund, the sum of the green line and the blue line, which means that, essentially, the entire Enterprise Fund would be -- would potentially go insolvent -- I can't read that year. Zaremba: 2012. Bird: 2012. Barry: 2012. Thank you. So, this is -- this is the power of this rate projection model, because you can plug in all kinds of different assumptions and inputs and have it spit out for you what -- what the future is going to look like. Again, they are based on our best guesses, but the difference between these two charts is only that you distributed the rate adjustment evenly over a two year period. Now, I wanted to just show you the benefit of the prediction again. These graphs are the same exact graphs with all the assumptions, all the data is the same, the difference here, however, is that in graph A you implement the full adjustment in 2009 and in graph B you also implement the full rate adjustment in 2009 as the model recommends, but, then, you add on a modest five percent increase every year thereafter. Now, I'm not suggesting we do this, I'm just showing you what that would look like. You can see just how stable the fund becomes with a minor modification every year thereafter, whether they are inflationary Meridian City Council Special Meeting/Workshop August 19, 2008 Page 81 of 101 modifications or what. What we see here is that the model is telling us we need to make a big mid point -- or mid course correction now and after that time, provided we make that mid course correction to the level it needs to be made, we can bring stability to the fund with minor inflationary adjustments over the six year time period into the future. As a matter of fact, this is kind of nice to see here, where we have some increases going on. I can tell you when we get here that's not going to look like that, because this, again, doesn't include our phosphorus regulatory requirement, the uranium requirement that we are still having to meet, and those kinds of things. So, this will modify, but this is -- this is based on what we know today. So, I just wanted to give you that background to show you what little tinkering -- what a little bit of tinkering can do as it relates to your projection. I'd like to pause there and ask if you have any questions, essentially, on the rate recommendation, the model, and that information I have presented thus far, because we are going to deviate here just a little bit into some pretty complex stuff. I'm hopeful it's not that complex, but I do want to pause for a minute and make sure we -- I answer your questions or comments or concerns before we move forward. So, I'll pause for those if you have any. Rountree: Comments? Questions? Press on. De Weerd: Todd looks like he's having too much fun. Rountree: Todd, you want us to ask you a question? They would be, wouldn't they. Okay. Barry: Because we are considering some pretty -- potentially pretty big changes to our rates, I thought it prudent that we look at how we structure our rates and I have really no recommendation here on this next section, I just wanted to point some things out to you. I actually do have a recommendation, but I'll withhold that at this point in time for your comment. The rate restructuring portion here -- and, again, I didn't know that you wouldn't have your screens. This is -- this is a bit tough to read and the next one is going to be even tougher. Can we make copies of this for the Council? Yeah. That's going to be tough to read, too. Do you mind blowing that up? Yeah. If you could blow this up, that would be great. I'm going to get you copies of this, hopefully blown up, so that it makes a little bit more sense. . Rountree: Tom, we have eye in our health insurance, so you might -- might schedule yourself for an eye exam. I don't have any trouble reading that. Borton: I can read it. Barry: I thought my glasses were strong enough, but, again, I'm a pretty good distance away, so -- Bird: It's better than what we get from Todd. Meridian City Council Special MeeUng/Workshop August 19, 2008 Page 82 of 101 Bany: This is Todd's right here. I'm going to have that one blown up. But lei's go through this. We will step through the charts here, because it makes a lot of sense, it just looks scary. This is water. This is sewer. And this is the combined. When we talk about rate structures, currently this is our current structure. We have a base, which also can be considered fixed income. We have usage, which can be considered variable income. Our base is what we are going to get no matter what, if people are connected. Our usage is what we are going to get based on how they use it. That's why it's variable. If you multiply this across, even under our new fee scenario, we increase as we are recommending here, 24 percent. These are the new fees. I have already described those. This would be the revenue under the new rate structure for water, with a 24 percent increase. That's the revenue that we would get, this bold number. Now, if you take that and you divide what you're getting in your revenue from your base versus from your usage, you see that your base is supplying about 27 percent of your overall financing -- or funding, rather. And your usage is providing about 73 percent of your overall funding. Now, when you say what does the base and what does the usage cover currently, our base covers 60 percent of personnel expenses and, then, the remaining 40 percent has to be covered by usage. The other key here is that operating expenses, CIP transfer, and the depreciation reserve would all be covered by usage under this rate structure. This is what the rate structure looks like. Generally, 25 percent comes from base, our revenues come from base, 75 percent comes from usage. Now, you get something very similar in sewer. Here is the overall total revenue in sewer. Here is the percentage that comes from base up here and from usage. Again, about 60 percent of your base is covering personnel, the other 40 percent's coming from your usage. And, then, your CIP, your operational and your depreciation expenses are coming from full usage and that carries forward when you combine the two rates for the overall amount. The question of the day is should we be covering, essentially, our fixed costs with variable income. That's the question. Shall we cover fixed costs with variable income. Our fixed costs are personnel and operating. So, I'm not suggesting that this rate structure does not work, it's just a question for the Council. Do we want to consider moving under this structure whereby we are only covering a small portion of our personnel and operating cost with a base rate or a fixed income. There are two other options that I want to present to you. Mr. Watts, however, is I believe -- did they get the -- he's working on the next slide, which is pretty difficult to read. Rountree: We can read it. Bird: We can read it. Get with it. Bany: All right. I'm not sure I can and he's got my -- I can maybe move up. Bird: Give it to Todd, he can read it for you. Meridian City Council Special Meetlng/Workshop August 19, 2008 Page 83 of 101 Rountree: You can use this mike. Barry: Okay. Okay. So, this represents -- this first column here represents what we just went through. This is our current fee structure. Twenty-five percent of our income comes from base or fixed income and the other 75 percent comes from usage. Option two is when we say, okay, let's take all of our personnel expenses and cover those with fixed income. And that's just what we have done here. You will notice that the amount of revenue is the same in every case and so is the rate increase, okay? Or the revenue from the rate increase. What differs here is the percent increase when you compare it from base to usage across the board, but the bottom line increase is the same, 24 percent for water -- 24 percent from water, 59 percent for sewer, 59 percent here. But because you're making modifications to the base and the usage you get different percentages in here, but they average out to what we were talking about before. So, in this case under option two, all we are doing is saying, look, we want to cover personnel expenses with fixed income and so, therefore, a hundred percent of that should be covered by your base. If you do that, then, you can see here that you have got on the order of about 38 percent -- close to 40 percent coming from base income and fixed income and the remaining coming from usage. However, in this situation we are not covering any of our operational expenses, which also could be considered, however, as a fixed cost. So, option three here says, all right, well, what does it look like if you want to have your fixed costs covered by your fixed income and here we have personnel expenses covered by a hundred percent base and operating expenses covered by a hundred percent base and that's this graph here where, essentially, 60 percent of your income is fixed and 40 percent is variable. Now, the impact to the rate payers, just by changing the structure here under this example -- this is the average rate payer, 8,000 gallons of water, 5,000 gallons sewer, is exactly the same. Okay. Again, overall increase here that is being recommended was 24 percent for water is the same in option one, it is the same in option two, it is the same in option three. Fifty-nine percent for sewer. The same in option one, option two, and option three and the combined increase that we talk about at being 44 percent is the same in option one, two and three. I will point out, however, that if you publish rate adjustments, you know, doing a restructuring here, you're going to see in the newspaper -- for example, if you choose this, that our base rate was going from say for sewer 4.74 to 16.86, that we have a 256 percent increase. Now, that's true if you're just doing a numbers comparison, but you also have a minus two percent in usage and so that equates, generally, when you do the calc, to a 59 percent overall increase. So, this can be very confusing for the public and you should just be aware of that. It is always a challenge when you change your rate structure to educate the public on how the structure is changing, but how it is not intended to modify or adjust the incomes that you're trying to get, just, essentially, covering your base expenses with your fixed income. So, anyway, that is, essentially, it as it relates to rate structure. Just something to think about. So, in conclusion, as you probably ascertained, we have some financial challenges that we need to deal with. I will emphasize, however, that we do have a balanced budget. We utilize the multi-rate projection model to help us provide insight into what's going to happen in the future. We Meridian City Council Special MeetinglWorkshop August 19, 2008 Page 84 of 101 know that we don't have a crystal ball, we don't have fortune cookies or anything else that we can use to help us with that, so we have to do the best with the information that we have and that's what this multi-year rate projection model can help us with. We do know that as a result of this we are going to have better awareness about where we are fiscally and we are going to have better reporting that's going to be required in order to keep this model up to date and to keep it true and accurate. And so tracking is going to be important as well. But this has allowed us an opportunity to really emphasize our movement toward a longer term planning horizon, but we need to act now in order to make our mid course correction. Many will say that now is the worst possible time for us to be considering raising our rates and while I empathize with this, I can assure you looking forward, using the rate projection model, that there is no better time than now to make our mid course correction, as postponing our actions will only make more difficult our future financial challenges. To that end we will continue to be fiscally conservative in the way we budget and in the way that we operate. We will move more toward an anticipatory budgeting approach, helping a using the model to help guide our decision making processes. We will use -- we will have better use and programming and leveraging of our existing dollars and as an example of this, I'd like to emphasize again that in the fiscal year 2009 budget we were able to reduce our personnel and operating expenses utility wide by 12.7 percent over fiscal year 2008, with the exception of wastewater. We also reduced our enhancement request by 26 percent over fiscal year 2008 and we also freed up greater than four million dollars in capital expenses in fiscal year 2009 by utilizing just-in-time capital financing. Some of the recommended next steps we have are that we'd like for you to provide input as it relates to your agreement or disagreement with our assumptions and input and we would like to go back and model -- modify the model inputs to match your directive, should you have a different directive than what's been presented this evening. After that's done, we'd recommend that we initiate a public process for modification of our rates and/or structure to be determined by Council. And that we revive and develop our finance policies to match our recommended approach and be inclusive of Council's directives. So, I having said that, I am -- that concludes my presentation and I'm anxious to take your questions, comments, or concerns. Rountree: I have a question for Todd. In our General Fund accounts we have a reserve, I believe it's three months or is it six months? It's four? Okay. I was close. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I just -- it's always a bad time to raise rates, as you put out. Some times are better, some times are worse than others and I'm reminded that somebody made a comment one time the best time to plant a tree is 20 years ago. The second best time is today. So, having identified that we have a crisis coming, the time is always today. So, I -- you know, if we would have solved it ten years ago or something, we wouldn't be Meridian City Council Special Meeting/Workshop August 19, 2008 Page 85 of 101 having the discussion, I guess. But I think to go forward in the future, we need to be doing this, and just off the top of my head, the methodology that you went for all seems reasonable to me. We probably will discuss whether we ought to have the same kind of reserve as we do other places, maybe four months instead of six. That seems like a fair question. The other discussions are things that -- this is probably something we ought to review once a year and see, you know, do we need to adjust the assumptions, do we need to adjust the rates. I would be inclined to suggest that we should go for the rate increase, as you have proposed. I have some discomfort from getting that much of our budget from the variable part of the income. I guess my suggestion would be that maybe we go for option one, we go for the entire rate adjustment that you're suggesting immediately, because I see the penalty of not doing that. But, two, the rate restructuring where you get more of it -- more of the base income from the fixed base fee, I probably would go with option two the first year and segway into option three the second or third year, because that -- the dollar figures are the same. Even if it takes us a couple of years to get to our comfort level with where it's coming from, that would be all right with me. I think we should go that direction. But I'm not sure we need to make that change immediately. Personal opinion. I'm done. Rountree: Further comments, questions? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Now, I guess I ask staff --and while we want to encourage conservation, we don't want to necessarily penalize as well. So, which of those options seems most fair? You know, should -- and I guess that's a philosophical question on who should pay, the higher users or because your base doesn't change much, regardless of the usage, what is fair? Was that a question you understood? It's getting late. Barry: Well, Madam Mayor, Mr. President, I'm not sure if that's a rhetorical question or a philosophical question or a question you would like staff to comment on, so -- De Weerd: I would like your comment on while the goal is to encourage conservation of water -- what you flush down your pipes, you don't necessarily want that person who is spending a lot of time and effort to conserve to pay a higher rate, because they are conscientious of those resources. So, in these three scenarios what is your recommendation trying to balance some of the goals on conservation and being fair? Barry: Madam Mayor and Mr. President, Council Members, the rate structure that we have is one in which we utilize a base to cover some portion of our operation whether it be personnel, operating costs, capital outlays, or whatnot. And the structure that we currently have is such that about 75 percent of our income comes from a variable source. Now, if we really push hard on conservation, which I would like to do, we will Meridian City Council Special Mee~ng/Workshop August 19, 2008 Page 86 of 101 not be solvent if we do that under that existing -- under our current rate structure. There will be a point in time where we will not be -- we will not gain sufficient revenues from a 25 percent fixed income in order to sustain ourselves. And this is the big debate over conservation. How much do you want to penalize people for conserving, because some people look at it that way. You know, I'm getting -- I'm having to pay more for less and that is true in a lot of different areas, as we grow as a population, as we have finite resources that continue to be consumed by more and more people, there will be those points in time where the resource can't sustain the population's demand on them and so it will be required -- a requirement for folks to be conserving. But the rate structure in each of the options that have been presented are such that those who use more will pay more, without question. The principle behind this is how comfortable do we want to be that our fixed costs are going to be covered by our variable income and it is a balancing act, because we are a business. You know, the Enterprise Fund, utilities are a business and we need to stay solvent. At the same time we also want to promote conservation and environmental initiatives. So, where do you strike that balance? De Weerd: Well -- and, Tom, I guess that's my question and theory is isn't that something that you should look at annually in your fee adjustments if you are being successful in your conservation efforts? It does go with the base is going to have to increase, but, you know, by continuing to keep that philosophy and making sure that that is just an annual consideration, instead of loading it up front with the -- with the premise that, well, if we use less, we have to make up for it. I mean isn't that just an annual consideration? Bany: You can make it an annual consideration. Rate restructuring is not something that's commonly done that frequently and there are certainly a lot of different structures to consider. You can consider block structures, for example, where you charge a base rate and, then, the first two or three thousand gallons of usage is at one rate, the next two to three thousand gallons is at another rate, which is higher, the two to three thousand gallons is at another rate, which is even higher, to, A, promote conservation and, B, make up the -- or have the people who have the biggest impact on the system pay the biggest amount for it. There is a variety of different ways we can talk about it. You know, all I did was take our existing structure and say how much of it do you want to continue to cover fixed costs versus how much do you want to have to pay for other stuff. You could certainly look at your rate structure every single year. What we have noticed, again, since 2002 to now is that the amount of consumption is reducing and I presented in July a graph that showed, in part, the impact of that loss of consumption on our revenues and because our current. rate structure shows that 75 percent of our revenues in the water department, for the most part, are coming from variable income sources, that is usage. We aren't seeing the impact of using less and the reality of the situation is while we want to promote that, it's got to be made up someplace else. You can front load it into a base or you can tier your usage charges, so that the people who do end up using more actually get charged more and more as they ease up. There is a variety of different structures that can be considered, it's just -- it's really a philosophical Meridian City Council Special MeetingNNorkshop August19,2008 Page 87 of 101 question, it's something that, you know, is more or less a city policy as it relates to how we want to charge our customers. De Weerd: Just one more question. Rountree: Madam Mayor. De Weerd: I would be curious to see if we mirrored the General Fund's reserve at four months, rather than the six months you have in the proposal. I'm sure it's not going to change it significantly, but because that reserve has to be made on the front side, rather than the back side, perhaps it will. If you can include that in a model run. Barry: Uh-huh. Yes, ma'am, we can do that. Rountree: Further questions? Comments? Tom, on the grade restructuring, that whole conundrum of what to do for conservation is probably not going to be solved, but when I look at the fairness issue, whether you're conserving or not, the cost of that well and the cost of the infrastructure to deliver a gallon of water to the consumer, who is conserving and the consumer who is utilizing above the 8,000 gallons on average, is the same. And they are going to be impacted the same if that resource is not producing water. So, I have a tough time struggling with that. I think our structure now is, if you will, subsidizing the system. I mean if everybody were to utilize and conserve, we would not be able to meet our base expenses. Period. De Weerd: Or if we have a wet spring. Rountree: Yeah. If we have a flood. There you go. So, I think we need to -- we need to give that serious consideration. We are not going to do that tonight in terms of where we are going to go, but I think that we need to take a look at that and find a comfort point or move to a comfort point in that situation. And it may, in fact, be a blocked situation to discourage high use and to award the conservers, but that base fee somehow or another needs to be distributed amongst all users, because they all benefit the same for having that in place. As far as the rates, I don't like the percentage particularly, but we are living with seeing rate increases every day, whether it's power or natural gas or -- we have actually seen some rate decreases with gasoline, but that's -- that's not going to stay. So, I think we need to look at the rates. I think we need to discuss when we want to schedule our rate hearings. We won't do that with our budget. And start seeking public input. And I suspect I know what that's going to be, but the bottom line is our costs are going up, just like everybody else's costs are going up. Our water and wastewater facilities are driven by the petroleum industry, mainly, in terms of the infrastructure that we put in and the chemistry that we utilize to maintain them. Our expertise is growing and needed to operate those highly technical systems and that's costing us more. So, we need to address that and we need to have the right rates. I don't think we can back away from that, even though it's going to be a tough decision, Meridian City Council Special Meeting/Workshop August 19, 2008 Page 88 of 101 we are going to have to make that. So, I think, Tom, we need to work with Finance and the Mayor and the Clerk to figure out when and how we schedule public hearings and maybe some just public information on rates, rates -- the need for rate increases and schedule public hearings. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess since Ralph benefits from all of these presentations that he - Rountree: I was going to ask Ralph how he felt about it. De Weerd: It would be -- it would be helpful if you asked him some of -- you know, when we do that public outreach, what speaks to you, Ralph, and what makes sense and where -- where we need to focus the public education aspect of this. This is not a comfortable direction, but a necessary one. Rountree: I think what the Mayor is asking, Ralph, would you be a sounding board. in that process with us. Thank you. De Weerd: Thank you for interpreting what I said. Rountree: Any other comments, questions? Do you need any -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I wholeheartedly agree with what you stated about -- I hate to see fixed costs being financed mostly by variable usage. It costs the same to -- for every house to get the first gallon there and, then, whatever -how many gallons you use that's where it - that's the deal. So, as long as we can back up what we need for costs I have no problem with the rates. I don't -- I'm like Councilman Rountree that I hate seeing this percentage, but in the same token if -- if our costs warrant it, then, we have got to do it. We are not in the business of losing money and evidently with your model it's working a lot better. One of the reasons we have to go with a higher percentage is because we don't look at rates enough, we wait too many years and, then, have to scrape the bottom and get after it and get the black eye. So, before you put it out to public hearings and stuff, Ihope -- and I hope that's soon, at least let us know when it's going to be, please. Rountree: Well, Mr. Bird, I would say that we will have all of that before we start that -- orwhat -- before we get into that process. So, we will not necessarily approve that, but Meridian City Council Special Meeting/Workshop August 19, 2008 Page 89 of 101 we will authorize the presentation of at least some options, ranges of numbers, that we are comfortable with. De Weerd: Mr. President, Iguess -- Rountree: Madam Mayor. De Weerd: -- staff needs direction on what to take to the public. You know, what is palatable to you and certainly I'd like Councilman Borton to have this opportunity to make a tough decision before his last meeting, so I would hate to deprive you. If we are to move forward with this, we do need to know what -- what your direction is on how we are moving forward. Borton: Madam Mayor, I'll throw out my two bits. Tom, this is awesome stuff. You have done exactly what needs to be done to fix the problem. My perspective would be to do the full increase immediately or alter your model to increase the increase to cover the difference to allow it to be apportioned over a number of years. I'm sure you can tweak the formula to show that if that makes some sense. Barry: Absolutely. Borton: So, it still gets you there, but allows you to spread it out and maybe that's an option A and an option B to present in a public forum. I don't think the discussion is whether or not the gap gets closed, it's -- the gap is going to get closed and these are two different mechanisms to get there. I don't know which is better. And, then, on the -- on the rate restructuring,• I tend to agree that putting more fixed costs into the base makes sense. I don't know if it's option two or option three. I see where you're trying to go. I'll just try and figure out the elasticity of personnel costs as it relates to consumption, which I got myself -- I was graphing things and getting it confused, so understanding that might make sense to determine which of those options you choose. But, clearly, I think shifting some of it over to the base makes more sense, brought to light by the change in the economy and usage that's happened in the last year or so. So, those are my perspectives. I would favor an approach of the problem is going to be fixed and here is how it is. And another question on that. I made a note. I didn't bring it up. The operational reserves I presume have an inflation quotient into it, like the three percent cost, because the operational reserves need to grow incrementally. It's not just two million dollars to -- or whatever that figure is. That figure grows annually as well. Barry: Mr. Borton, Members of the Council, that is true. However, in the model we kept it flat. So, we did not increase the operational reserve by a percentage. It doesn't mean we couldn't, it just -- it's a matter of tolerances, too. I mean, you know, the depreciation reserve I think is perhaps low, that we are going to set aside every year, but we can't afford what I think we need to probably consider, so, you have to start somewhere and some of the assumptions that we used are inclusive of that. We are Meridian City Council Special Meeting/Workshop August 19, 2008 Page 90 of 101 trying to be sensitive of the political will of the Council, as well as the -- the impact to the rate payers, but on that particular issue we did not escalate by any inflationary factor the operating reserve at all over the six year period. Rountree: And, Tom, you and I have already discussed this and I have basically given my blessing on the numbers you have come up with and I think that's a -that's the starting point and we go up from there. I don't see us backing away from those numbers. Not and staying solvent in the funds. Particularly with the inflation that we are looking at and just the operating costs. Barry: Thank you, sir. This is great direction. We - we are in a position at Public Works with this model having it fully developed and having finance's assistance and blessing on this to run any -- any input or any modification that you'd like, I can spit you out a number within minutes. So, that -- as we have discussed tonight I want to clarify the direction that I have and also ask for a bit more. The Mayor has requested -- and I understand the Council has also conferred that we would like to reduce the operational reserve to a four month reserve, instead of a six month reserve. That will shave, I believe, about 500,000 dollars off of water and 500,000 dollars off of sewer for the operational reserve, which means we have about one and a half million for sewer and one and a half million for water. That will have an impact on the rates. It will, of course, reduce the rate. If you would like for me to increase the operational reserve by an inflationary factor on a year by year basis, that will counter that decrease and would allow us an opportunity to keep pace with our operational reserve over time. So, I guess I'll pause there and if you -- because I need to have that kind of clarity in order to run the model with the direction that you would like to see. So, I guess the question is for input, put in three months or, excuse me, four months reserve for water and wastewater and, then, add an inflationary escalator to the operational reserve over time. Is that -- do we have general agreement that that's how we should at least run that portion of the model? De Weerd: Yes. Rountree: Yes. I'm okay with that. Barry: Okay. Great. And, then, the depreciation amount we will keep the same and -- let me think what else. As far as structure, I'm not really sure how to move forward there. I mean would you like us to consider other alternatives or provide additional information beyond what has been provided this evening with regard to the three options, come up with a new concept, look at the blocks, you know, especially for water. Because for sewer I don't know that you use the block system for that. So, I guess a little more direction there would be helpful to allow me to streamline the next iteration. Rountree: Any comments? My comment would be let's look at option two as the first step. Meridian City Council Special MeetingNUorkshop August 19, 2008 Page 91 of 101 Zaremba: Mr. President, I would join that. I think option two. But revisit going as far as option three within another year or two, probably. Somewhere down the line. Barry: Certainly. Zaremba: Not immediately. I would be interested in the block on the variable. Barry: I'm sorry, Mr. Zaremba. Zaremba: Doing the variable part of it in blocks. That would interest me. So, that the bigger users not only pay more, but they -- it accelerates. I think that's very reasonable. Rountree: And I can see that just applied to the water side. Zaremba: Yes. Yes. Rountree: Any other guidance? Zaremba: Apparently there are others like United Water that actually do that now. So, it's not that we would be unique. Rountree: Any other comments, direction? Tom, you need further clarification? Barry: No, sir. I guess I would just ask how would you like us to present this information to you next and what is the time horizon with which you'd like us to report back to you? Rountree: I'd like to see it next week if we can. I mean we have got to get something scheduled. Bird: We have got to get going. Rountree: We got to have this in place by -- I think by the end of September. Barry: Okay. So, the -- coming back to you in a week's time, you're referring to the actual rate hearing. Rountree: No. No. Barry: Okay. Just additional information. Rountree: What do the numbers look like with the suggested changes -- Barry: Fantastic. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 92 of 101 Rountree: -- and we will go from there and if we are comfortable with those, then, we will move forward with the public process. Barry: Okay. We can finish the model work and report back almost immediately. The moving toward a different rate structure, particularly a block type of structure, will require quite a bit of work for us to make sure that the block structure is set up appropriately, so that we don't end up shooting ourselves in the foot. So, that will take us a bit more time and I would not be able to provide answers or insight within a week's time on that. But perhaps, too, having said that, is it your preference that we just move forward in a week to present to you the rate model stuff and, then, the second week brings back the structure or just to wait and bring them both back to you? Rountree: That would be my preference, that we get the rate now and as you look at the block structure give it time. We are kind of in the pickle we are in because I think we were rushed into the last rate changes without giving them full due diligence. Barry: Mr. President, if I may, changing the rate structure will significantly complicate our public information campaign, without doubt. I agree that moving our fixed costs more to a fixed income is entirely reasonable. I just want to make clear that it will be difficult to explain to the public not only the changes in the rates, but, then, how we are changing the structure to the rate. It will also be difficult for us to say that your bill will not change simply by changing the rate structure, because those who are not the average users will see different impacts and I guess I don't want to set Council or the leadership of the city up for a huge public outcry as it relates to too many changes at once and so you may say, well, why did you even present it, but I just presented it only to say that it's something else we should think about. If we want to think about it now, that's great, we can incorporate it, and do that work, there is no problem doing that, but I just want to make sure that everyone understands it will be a much more complex public relations campaign. Rountree: Tom, thank you for the concern. I think we all recognize the political fallout of that. I'm not saying that we at this point in time decided to follow through with that, but I think we want the information and if it looks like something we need to do, I think that we are brave enough to do it. Barry: Fantastic. Thank you, sir. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: You know, I guess in moving to option two and changing your base, I firmly believe we have to look at this every year. One of the reasons we probably get into Meridian City Council Special MeeUng/Workshop August 19, 2008 Page 93 of 101 these scenarios or we are not fine tuning this every year to make sure we still -- you know, whether it's an increase or a decrease, we are still maintaining that cost effectiveness and, you know, it's -- I'm not concerned about the public relations aspect of it, but it is complex. You are already changing your restructure with your base that maybe you look at the tier structure when you look in a year to see how that works and do it then and that was -- is certainly up to Council discussion, but I don't want to ask staff to bite off more than we can handle at this point either. Just to discuss. Borton: Mr. President? Rountree: Mr. Borton. Borton: Tom, you were probably going to do this anyway, but you when bring that back is to have that proposed implementation date in sort of a backup calendar from there as to when the public hearings potentially would be, informational meetings from there to sort of see how it would roll out schedule-wise. Barry: Yes, sir. I would be happy to bring that information back to you. Rountree: Yeah. Thank you, Joe. You won't have to see that. Are we through with this item? Any further input you need, staff? Todd's making an inquiry of Rita. Rita's going to tell him what to do. Barry: We are just confirming the expectation on the two weeks for the tiered structure for the block on usage. Two weeks -- as I understand may be a bit tight for staff. I now have confirmation that we can meet that two week -- Rountree: We don't need -- yeah. Mr. Gorton's correct, we don't need the tiered to close the gap. Bany: Okay. Fantastic. De Weerd: But when do you want it? For this or when we look at it again? Rountree: Anybody have a preference? I would like to keep it fresh with us and not wait until April or sometime like that, but if we are looking end of October, first part of November -- Bany: I believe we could certainly meet that schedule. Rountree: Okay. On the general input on the block, so -- Bany: Thank you all for your time. I appreciate the -- Meridian City Council Special MeetlnglWorkshop August 19, 2008 Page 94 of 101 Rountree: Tom, appreciate it. Good job. Now, we will want to do this every year. I have a comment for the record pertaining to the last item on Leisure Lane. This is one Councilman that was working under the assumption that Leisure Lane is not part of the City of Meridian, but the county, but apparently they are. I have asked Mr. Nary to check into that and I would also like to find out when they were and possibly why they do not have city services and I think that might have some bearing on how we deal with them in the future. So, if staff would look into that. Bird: They are all in the city. Rountree: That's what we just found out. And I would like to get back to them, once we find out that information, and maybe sit down with them and see if we can't figure out what the city's part of this is, if, in fact, that's true and what our obligation is. And if staff or the Mayor would relate that to their up front personnel, I'd appreciate that. De Weerd: Tom, can you communicate that? Barry: Yes, ma'am. We will have that discussion at our first meeting and make sure that they are aware of that and I will also make sure that we follow up with Council and the Mayor regarding the status of that. Rountree: And would you invite me to that meeting? Barry: Yes, sir. Rountree: Okay. De Weerd: Me, too. Barry: Okay. (d) Heroes Park /PAL Agreement Rountree: Next item. Steve, you have been patiently nodding away back there in the comer, so we are now two hours past our workshop closing time, so take it away and let's get it over with. Siddoway: Thank you, Mr. Council President, Mayor, Members of the Council. What you have before you is an agreement for development and joint use of Heroes Park. This agreement is the agreement with PAL for Heroes Park. Council has already seen two previous versions of this, so I will keep my comments to the highlights. The previous direction that we received from Council on this agreement was to write the agreement for the 328,000 dollars and to remove all references to a promissory note, separate from the lien on the property and to show that full amount as an encumbrance Meridian City Council Special Meeting/Workshop August 19, 2008 Page 95 of 101 on the sale of the property. This agreement does that, as directed by Council. In addition to delineating those financial responsibilities, it also addresses the processes for scheduling both soccer and in-line hockey seasons. You have three documents before you. One is the agreement. One is titled Mortgage and Security Agreement. And the third one is the mortgage note. I'd like to publicly thank on the record the legal department for their work on this agreement and especially Emily Kane for her work and direction. We are here to recommend approval of this agreement. It has been signed by PAL at this time and to authorize the Mayor to sign all three documents associated with this agreement and I will stand for questions. Rountree: Questions for Mr. Siddoway or Mr. Nary? I have a question for Mr. Nary. It has been reviewed by legal and -- Nary: Mrs. Kane wrote the document, so, yes, Mr. President. Rountree: It has been reviewed by you? Nary: Yes. Rountree: Okay. Thank you. Comments? Bird: I have none. Rountree: Mr. Zaremba. Zaremba: Is a motion in order to approve this? Rountree: I would have a question for Mr. Borton. I know he was instrumental in some of the language as it related to the surety of the property. I just want to make sure that the language is consistent with the direction he gave. Borton: It is. Rountree: Okay. Siddoway: Mr. President, I just also point out for the record that the 328,000 that is required by PAL as part of this agreement is in addition to the 322,000 that they have already spent on the property, so the total amount invested by PAL in Heroes Park will be approximately 650,000 and the 328,000 of this agreement, again, is in addition to what they have already spent. Rountree: Thank you, Steve. Meridian City Council Special Meeiing/Workshop August 19, 2008 Page 96 of 101 Zaremba: Mr. President, I move that we ratify the Heroes Park Police Athletic League agreement and I guess that would mean authorize the Mayor to sign and the Clerk to attest. Is that the process? Nary: Yes. Bird: Second. Rountree: It's been moved and seconded to approve the Heroes Park PAL agreement, authorizing the Mayor to sign and the Clerk to attest. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Can we break open our sparkling cider after this one? Zaremba: In the park. De Weerd: This is long awaited. Rountree: Well -- Siddoway: Thank you very much. (e) George Fox Leaming Project Proposal for MPD: - Peterson Indemnity Agmt - Slawson Indemnity Agmt -Sara Harris Indemnity Agmt -Terry Theuson Indenmity Agmt Rountree: -- it's not over. Next item is the George Fox Leaming Project. Mr. Nary, are you going to tell us about that? Nary: Yes. Mr. President, Madam Mayor, Members of the Council, this is a project that's been coordinated through the police department with Chief Lavey. George Fox is doing asurvey -- a survey development implementation plan. This is a school project that will benefit the police department. All the reason the indemnity agreements are in front of you is the individuals are indemnifying the city for any injury that may occur on our premises by them being in our building and; essentially, in the secured areas of the building and such. I think there is one more person that may be submitting one later, we just haven't gotten them, but it may be all of them that are covered, but that's all this is. This is just a project with the police, so -- Meridian City Council Special Meeting/Workshop August 19, 2008 Page 97 of 101 Rountree: And what's the action that's required? Is it just for information? Nary: This is to approve these indemnity agreements. Rountree: Okay. Bird: Have you got a first name on the first two? Nary: It's just the one that's got -- Bird: Yeah, but the first name. Nary: Oh. First name is Emily Peterson and Stephanie Slawson. Bird: Stephanie? Okay. Rountree: So, we need a motion to approve those agreements. Borton: So moved. Bird: Mr. President? Rountree: Mr. Bird. Bird: You want a motion now? Rountree: Please. Bird: I would move that we approve the indemnity agreement with George Fox Learning Project for the Meridian Police Department for Emily Peterson, Stephanie Slawson, Sara Hams and Teny Thueson and Michael Garner. Borton: Second. Rountree: It's been moved and seconded to approve these agreements. Roll call or voice? All those in favor? Opposed? Motion passes. MOTION CARRIED: ALL AYES. De Weerd: Mr. President? Rountree: Madam Mayor. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 98 of 101 De Weerd: Just before you move off the topic of police - and I don't know if Mark has anything to add, but in the police and fire games we have been taking home several metals. Let's see. Lieutenant Basterrechea got a bronze in wrestling. Michael de St. Germain, he has gotten a number in track and field, the decathlon and the biathlon, the coed biathlon. I believe that Brian Lueddeke just got one in motocross. I know that our soccer team is still in the running. And so that's on the police side of it. I don't know if anyone in fire is doing anything? Niemeyer: Our guys have yet to play in the horseshoe tournament. They are waiting on that. Rountree: I believe those that are playing in hockey have won their first game. Niemeyer: Yes. Hockey has just started. De Weerd: Are you -- is the fire department participating in any of the other events? Niemeyer: We have got hockey, horseshoes, bench press, and I believe softball we have got fire guys signed up for. De Weerd: They do have the fire -- or boxing is one of their main events Friday evening at 6:30 I believe the competition starts. It is free. All of the games are free. It's a great opportunity to get out and support our public safety officers and those in the valley. I did go and watch our command staff participate in the dodge ball competition. It was the funniest thing I have seen. We didn't do very well, but it was very entertaining. And, you know, they did beat the Ada County Sheriffs Department and the command staff for Boise police, so we figured we held our head high when we walked out of there. Item 6: CITY ORDINANCE REVIEW: (a) Discussion of Fire Hydrant Ordinance Rountree: Thank you for the update. Next item is city ordinance, discussion of fire hydrant ordinance. Mr. Nary? Nary: Thank you, Mr. President, Madam Mayor, Members of the Council. This is an ordinance we'd like to bring in front of you next week, if at all possible. There was a discrepancy we found in the fire code between the distance vehicles can park from fire hydrants. The fire code is five feet and -- or excuse me. The fire code is three feet. The city code is five feet. And both the fire department and the water department enforce that and because there is a discrepancy, the fire -- the city one we couldn't find any reason that the five feet existed, other than historically that's what they had, but there is -- there is support in the fire code for the three foot distance. That was the fire department's preference was that we be consistent with the fire code, since there is that Meridian Clty Council Special Meeting/Workshop August 19, 2008 Page 99 of 101 external support for that -- that clearance distance. The water department is fine with that. So, this is one just cleaning up our city code to make it consistent. If it's all right with Council, we would bring that back in front of you next week for approval. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I have a question about something that's being deleted. Apparently the original paragraph A was kind of a catch all and I see that B now covers damage, but the piece of obstructing does no longer appear anywhere. It would seem -- Nary: It's already in the fire code and the fire code is already adopted by the city. So, that was the reason. Zaremba: Okay. So, it exists, it doesn't need to be restated. Nary: Correct. Zaremba: Okay. Thank you. De Weerd: Does Mark -- Rountree: Mark. Niemeyer: President Rountree, Madam Mayor, yes, we agree. I figured I had to say something. Rountree: Made your time worthwhile. Niemeyer: Yeah. De Weerd: We will tell the chief you did an outstanding job. Rountree: Mr. Nary, question. Is there a provision, once -- if and once we have this ordinance in place, to get ACHD or someone to designate the curb where these fire hydrants are located? Some of them even know they have to be cleared and whatnot, are not very well recognized in neighborhoods. And without some kind of notification, I don't know how we enforce that. Nary: Mr. President, Madam Mayor, Members of the Council, currently what the water department -- since they are the ones probably out the most on these, I can tell you that ACHD's answer is they don't paint curbs. They no longer paint curbs for anything. Mostly because of maintenance and the recurring cost of repainting. But what we do Meridian City Council Special Meeting/Workshop August 19, 2008 Page 100 of 101 currently is they provide written notice. So, when they are out reading meters or addressing other water issues in the city, they will note -- not give citations, but put notices on vehicles that they are parked too close. So, they do try to inform before we really enforce and from what I have been told by the water department and the fire department, that's been a fairly effective tool. It hasn't been problematic for the fire -- the fire department to get to a scene and have problems with vehicles, but that's the best I can tell you, unless we wanted to go out and paint the curbs ourselves, I wouldn't see ACHD doing it. Item 7: EXECUTIVE SESSION: (a) Executive Session per ISC 67-2345(1)Q)(To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement & (c) to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Rountree: Okay. Last item on the agenda, Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Zaremba: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Borton: Second. Meridian City Council Special Meeting/Workshop August 19, 2008 Page 101 of 101 De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Motion to adjourn? Bird: So moved. Borton: Second. De Weerd: All in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ATTESTED: ~~~.~~ TAMMY DE WE D, MAYOR ATTESTED: / o`l~ / ~~ DATE APPROVED~~,,,,,,,,,,-~~~~~/'',t r~ y ,, JAYCE L. HOMAN, EI C ERK SEAL __ 9 ~~ '.4 ~'OU{V't'Y ~• ` //''''''~----I 11111` ~~``~~ 1111111