HomeMy WebLinkAbout2009 03-03Meridian Citv Council Meetinu March 3, 2009
A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, March
3, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad
Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Anna Canning, John Overton, Bill Johnson,
Keith Watts, Clint Dolsby and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Well, good evening. I'll go ahead and start tonight's meeting. We will thank
you very much for joining us here tonight, spending your time with us. We like to think
it's a very entertaining meeting, but we have seen some people sleep, so maybe it's not
an entertaining as we think. For the record, it is Tuesday, March 3rd. It's 7:03. We will
start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
De Weerd: And if those in the back of the room cannot hear us, if you will just give us
an indication, we still are trying to find that balance with our sound system. Okay. And,
Council, that means no whispering.
Rountree: Can you hear us now? Okay.
Item 3. Community Invocation by Darrell Taylor with Ten Mile Christian
Church.
De Weerd: Okay. Very good. Item No. 3 is our community invocation by Darrell
Taylor. He's with the Ten Mile Christian Church. If you will all join us in the community
invocation or take this an opportunity for a moment of reflection. Pastor. You have your
choice.
Taylor: Is that right?
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March 3, 2009
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De Weerd: Uh-huh.
Bird: He's wearing his pin.
De Weerd: Very good. I'm impressed.
Taylor: Well, Heavenly Father, we are just very, very thankful and very blessed to live
in this country that -- that we just pause and just to say thank you. And, Father, we ask
that you would just be with the leaders of this nation. Father, be with those that are
fighting to keep us free. And, Father, we just ask for their safety. And, Father, for this
community, we just thank you again for -- for this wonderful place to live and raise our
kids and just to enjoy life and, Father, I just thank you for the men and women that have
dedicated their lives to -- to make sure that this is a good place to live and, Father, I just
ask for your guidance and blessings on them. Father, for this meeting that you will just
give them the wisdom needed to take care of the business at hand and, Father, just ask
that as we drive home tonight that you will just keep us safe and sound and we just
thank you in Jesus' name, amen.
De Weerd: Thank you for joining us tonight and also for promoting the City of Meridian
on your shirt.
Item 4: Adoption of the Agenda:
De Weerd: Okay. Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would note that on the Consent Agenda, Item 5-G, the resolution number is
09-653. On the Department Reports, under B., Legal Department, there has been a
request to remove that from this meeting and have it next week. And that being the only
changes to the agenda, I move we adopt the agenda.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the adoption of the agenda. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of February 10, 2009 City Council Regular
Meeting:
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March 3, 2009
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B. Approve Minutes of February 24, 2009 City Council Regular
Meeting:
C. Task Order No. 10006 - On-Call Collection System Engineering
Services with MSA for $24,500:
D. Change Order No. 1 with H2 Excavation for the Stn Street Park
Pedestrian Pathway and Box Culverts -Phase 1 Construction
for $3,161.17:
F. License Agreement with Nampa & Meridian Irrigation District
for Ten Mile Interchange Project:
G. Resolution No.: Multi-Year Water and
Wastewater Rate Adjustment:
H. Approve Award of Bid and Contract with ACHD for Water and
Sewer Improvements for Split Corridor Phase 1 for
$115,921.47:
I. Acceptance Agreement for Display of Artwork of Gertrude
Hudson in Initial Point Gallery:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As previously noted, Item G is resolution number 09-653 and with that I
move that we adopt the Consent Agenda as published and for the Mayor to sign and the
Clerk to attest.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Mr. Bird.
Bird: On Item E they are asking spending authority for a ten percent contingency
amount. I have a problem with that. I feel that if -- on something like this, drilling a well,
that if they need to change -- if they need a change or something, they can come back
and -- and get a change order as they go through and, in fact, on drilling a well, I can't
understand why we would even need a -- if we have done our homework like we should.
So, I would ask the maker of the motion if he would eliminate, with the permission of the
other Councilmen.
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March 3, 2009
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Zaremba: I would be happy to do that. Should we move it to discussion in Item 7 or
you just want to remove it entirely?
Bird: I just want to remove the contingency -- the ten percent contingency. The amount
is no problem at all.
Zaremba: I think by the nature of the Consent Agenda we need to move this, then, off
of the Consent Agenda and call it Item 7-E and we will take that up at that time.
Therefore, the Consent Agenda that I am moving is Items A through I, minus Item E,
and I have already mentioned the resolution number for G.
Hoaglun: I will second that.
De Weerd: Okay. Second agrees. Consent Agenda approved with the suggested
change. If there is no further discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Clerks Office
1. Discussion of Joint Meeting with Ada County Agenda
Items:
De Weerd: Okay. Under Item 6-A we have a clerk's report. Madam Clerk.
Holman: Madam Mayor, Members of the Council, with several items that have been
submitted -- and this is for upcoming meeting next Monday, joint meeting with the Ada
County Commissioners, I sent a-mails to them and they came back with one item that
they would like on next week's joint meeting and that is regarding annexation of the Ten
Mile property that they talked about. And, then, I had other possible items were
coordinating capital plans for fire and EMS. Kentucky Ridge and Meridian Heights.
Title 9 revision. And planned community revisions as initiated by Ada County. Those
are the -- so, I have a total of one, two -- five items so far. So, I'm just taking direction
as to what you would like us to put forward and send to the commissioners as a
preliminary agenda.
De Weerd: Well, I believe there is an active application for the property on Ten Mile,
isn't there?
Canning: Yes, ma'am, there is.
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De Weerd: So, I believe that we can't be discussing that. Yeah. I think that the Title 9
is appropriate in adopting some of our subdivision standards and other standards as
well. But I would also like to add on there, again, discussion about county services in
City Hall. The availability.
Canning: And, Madam Mayor, if I could explain the Title 9 agreements a little bit. Just
before I left on vacation you asked me to stand in for you at the alliance meeting. No.
The Blueprint steering -- consortium. There we go. Blueprint Consortium meeting. 1
apologize. I'll get the right number. The right name. And that group did vote to have
the cities work with the counties to incorporate the sub area planning process in the
area of city impact expansion document that Blueprint adopted, to have those
incorporated into the Title 9 agreement. For those of you not familiar with that
document, it's, basically, what we did in south Meridian. I was one of the primary
authors of the document, so I feel comfortable that it's in the best interest of the City of
Meridian to work on that Title 9 agreement as well.
De Weerd: Well, good. Since you were sunning away in Mexico last week, it did come
up during the meeting that we needed to have that dialogue and since we hadn't
touched base we did ask that that be put on the agenda. So, it sounds like it's been
addressed and can be removed, unless Council would like further discussion with the
county on that.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just only comment with apology. By the time that I knew of the date
of this meeting I had already a previous engagement, so I'm song that I will miss it.
De Weerd: Okay.
Canning: And, Madam Mayor, I wasn't suggesting that it be taken off the agenda, I just
wanted to let you know what that was. So, I think it would be beneficial to talk to them
about what kind of timing they would like to see on those Title 9 amendments and
maybe some of the planned community stuff that they are looking at changing could be
incorporated into that as well.
De Weerd: Anna, would it be possible prior to that meeting that you get to us some of
the scenarios or incidences that come up that we have had issues with, you know, not
subdivision -- their earlier clusters that were developed in low density without curb,
gutter, sidewalk type of scenarios, but also some of the code enforcement issues or
billboards or any of those things on where there is a conflict between county code and
city code and can some of that be addressed in the Title 9 section.
Canning: I will work on that.
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De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: You have suggested the discussion of county functions in the City Hall. I
guess I have some concerns about that. When last we and all of the cities in the county
met with the commissioners, the issue was making payments towards the court system
and -- and our efforts to bring county functions this way was kind of thrown in our face. I
would like to see that question about courts and the funding of the courts be resolved.
At that last meeting we asked the courts to take a look at the court order that was
directed to us and a number of cities to make payment and see if, in fact, that was still
valid and to my knowledge we have never seen anything about that. So, I think before
we bring that subject up again with the county, that particular matter needs to be
resolved.
De Weerd: Well, I guess what Commissioner Tilman had noted is he was speaking on
behalf of the courts and he did feel it was a court issue. Since we haven't heard from
the court, I guess, you know, in my opinion that was their answer and perhaps he was
trying to further an agenda that wasn't quite agreed with by all. We have had a
discussion with the other two entities, Boise and Garden City, and they said that -- that
the no news is good news and I guess, Mr. Nary, you might -- is there an update on the
court case?
Nary: Madam Mayor, I haven't received any information from the city of Boise on their
case and that's the one I think Councilman Rountree's referring to. So, I could find that
out and advise the Council of that. But, otherwise, no, I would agree with you, we
haven't heard anything from the court. I think Commissioner Tilman was presenting a
position in regards to their case, but it wasn't the court that was advocating anything,
and I don't think the court has an interest in that. But I could certainly see if I can find
out anymore information for you.
Rountree: Thank you.
De Weerd: Anything else?
Rountree: No.
De Weerd: Okay. So, Madam Clerk, will you, please, read the list that we have.
Holman: Yes, Madam Mayor. The list that I have so far would be Kentucky Ridge and
Meridian Heights. Title 9 revision. Planned community revisions as initiated by Ada
County. And coordinating capital plans for fire and EMS.
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De Weerd: I think those will -- some are more weighty than others, so it will be a robust
discussion. But I do want to have a discussion at some point on county services that
are appropriate for City Hall. I know that you and our CFO have met Dave Navarro to
discuss some of that and since they have decentralized services to a certain degree
and they have a substation in Star, that, in my opinion, opened up the door to that kind
of community outreach and certainly we have a much larger population to serve than
Star does. So, a future topic.
B. Legal Department:
1. Update on Meridian Heights /Kentucky Ridge Request
for Service:
De Weerd: Okay. Item 6-B is our Legal Department. It has been requested to move to
March 10th, next week's meeting.
C. Purchasing Department:
1. Status of Bid with MetroQuip:
De Weerd: And so we will just go to Item 6-C, our Purchasing Department.
Watts: Good evening, Madam Mayor, Council Members. Before you we have a -- I
have given you a timeline for a bid that the Public Works Department has got out for a
sewer vac truck. We received a letter on -- I will go through the timeline in a brief
scenario. The Purchasing Department let out to bid on December 19th for a sewer vac
truck. On the 19th of January three bids were received and I had handed those over to
the Public Works Department and they had determined that two of them were
nonresponsive. At that point I phoned the two vendors and let them know that I would
be sending out a letter to them asking for them to clarify the exceptions that they had
taken that Public Works had claimed were nonresponsive and asked them to have
those back to us by noon on February 4th. We did receive those back. I forwarded
those on to the Public Works Department. They reviewed those once again and
determined that they were, in fact, nonresponsive. On the 17th of February we brought
the award before Council and I had spoke to Mr. Bird previously, we put it on the
Consent Agenda. It went through and was approved. The following day, the 18th, a
purchase order was cut and I sent that to the Public Works Department and they
forwarded that on to the vendor. That same day the clerk's office did receive a letter
from MetroQuip, one of the bidders, who was unhappy with the -- the bid process. I
received a copy of that letter from a-mail from the clerk's office on the 25th of February
and I phoned Mr. Brad McCoy of MetroQuip on 26th and we had discussion over the
issues that he had and I let him know that we would bring this before Council and
discuss it. His -- I believe his main concern was that the bid specs were -- were bid
tightly. He -- he figured -- or he was claiming that the bid specs were tight to where his
vehicle would not be able to meet specs and that it was possible that the specs were bid
around one vehicle. I had met with the Public Works Department -- after that phone call
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I met with the Public Works Department. We reviewed the specifications and they did
provide me one other bidder who -- or one other manufacturer who would have been
able to meet that specification. I did also speak to the attorney's office and we do have
one clause in our -- in our bid documents that states that the bidder must review the
specifications and reply in writing if they have any issues for the validity of all the
specifications prior to the opening or submission of the bids. That was not done and we
are -- I'm here tonight, basically, to seek direction from Council.
De Weerd: Thank you. Council, any questions or comments?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: You know, when I spoke I didn't know that the truck we had been using on a lease
basis or been hiring was the same truck that we -- does not meet the specifications in
our bid now, am I not right?
Watts: That is correct. It was a -- a contractor who was using that truck.
Bird: And it was doing a sufficient job at that time for us?
Watts: It was. Public Works -- Richard Dees is here, he could speak to the fact that
there were additional specifications that they put in for safety requirements that they
required when we ordered our own truck. Another thing I would like to point out is our --
our bid -- our standard documentation in our bids calls for any -- any equipment that is
proposed, it has to be the newest and latest model in current production and the bid --
the vehicle that MetroQuip had proposed was a 2008 year model and the current year is
a 2010 year model.
De Weerd: Any other questions or comments?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: A comment for Mr. Nary. Was the letter received, does it constitute a bid
protest?
Nary: Madam Mayor, Members of the Council, Council Member Rountree, no, because
the -- what the letter contains is an objection to the specifications of the bid. State law
requires that if you have an objection to the specifications, you're required to submit that
in writing no less than three days prior to the bid opening. So, this isn't a -- this isn't a
protest that he met the specifications and was not awarded, this is a letter that claims
that he -- the specifications that we offered in the bid process was not the same as his
and his was close enough. I mean you run the risk, when you -- when you file a bid with
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exceptions, that if the exceptions aren't taken, then, you're out of luck. You're going to
have to file abid -- you have to file a protest prior to the bid opening claiming the
specifications are not accurate or tightly speed. So, this is not a bid protest. So, this
doesn't -- wouldn't entitle this person to a hearing.
Watts: Mr. Rountree and Mr. Nary, I would like to clarify that the letter was more
general. It wasn't specific to that. I didn't learn about the specifications issue until I
spoke with Mr. McCoy. He has been very cordial about this and just wanted to bring to
light the openness of the specifications process, I believe.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Keith -- and you also assure me that this isn't a single source specification?
Watts: The Public Works Department has provided me one -- one other vehicle that
would have met the specification. I believe I have it here. Yeah. I believe it is an All-
Jet -- Vacla All-Jet vac was, I believe, the one. Public Works did provide one other
vehicle that would have met the specification. I also want to point out that the awarded
bidder when I -- I also spoke to the awarded bidder about the situation that was going
on and he also brought up -- it was him that brought to light the specification that calls
for current model production and also the specifications have to be addressed prior to
the bid opening.
Bird: Oh, yeah.
2. ABM Janitorial Budgeted Contract Amendment No. 1 for
$1,538.00:
3. Alpha Masonry Budgeted Contract Amendment No. 2 for
$5,198.00:
4. Axelsen Concrete Budgeted Contract Amendment No. 3
for $3,127.00:
5. Sunshine Landscape Budgeted Contract Amendment
No. 2 for $32,610.00:
De Weerd: Okay. Anything further? Thank you on that item, Keith. Okay. Next Item.
Watson: The next four items, I believe it is, are change orders to the City Hall project.
Other than the ABM Janitorial bid, I believe the other three were a combination of
contractor and city driven. The ABM Janitorial change order is issued -- or directed by
Petra as they went for a final cleaning right before we moved in.
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De Weerd: Okay. Council, any questions on any of these four items?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd move that we approve the amendments for ABM for 1,538 dollars; Alpha
Masonry for 5,198 dollars; Axelson Concrete for 3,127 dollars, and Sunshine
Landscaping for 32,610 dollars.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion?
Rountree: Madam Mayor, question I guess for Keith. Both the landscaping and the
concrete -- I guess and the masonry itself, do we have any outstanding punch list items
on those that haven't been resolved and would this constitute some release of retainage
in those areas?
Watts: Yeah. The -- the masonry, we do have the issue that surrounds the entire
building, which we have discussed at our previous meeting. It will -- it will allow us to
release retainage on that -- on these items as well. President Rountree, I will be
bringing the final retainages to the Council next Tuesday was my intention.
Rountree: Okay. All right. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Keith, did your discussion just now include Item 6, the discussion on the
janitorial bid --
Bird: No. No. No.
Zaremba: Or is that going to be a separate discussion?
Watts: That's a separate item.
Zaremba: Okay.
Bird: It's not a contract.
De Weerd: Only Items 2 through 5.
Zaremba: I will wait.
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De Weerd: Okay. If there is no further discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
6. Discussion on Janitorial Bid:
De Weerd: Okay. Item 6.
Watts: Madam Mayor, Council Members, the Purchasing Department was directed to
go out for an RFP for janitorial services, which we subsequently did. I met with Eric
Jensen, our building maintenance supervisor to create the scope of work and the
evaluation criteria. I also requested from the police chief his desirable services to be
rendered at the police department as well when we put the RFP together. We issued
the RFP to 14 contractors. We had one addendum. We received six proposals. The
evaluation committee met twice. We called references for all six and sent those to the
evaluation committee. The committee was recommending that we go with Clearview
Cleaning Services. The amount from closing was 12,195 dollars per month, which was
negotiable as well. Went through the RFP process. Public Works has also requested
for the finance staff to put together a cost of doing in house the same services. The
contractors are estimating between six and 12 personnel to do the job. And at first
Public Works had requested a cost of -- or the cost for three individuals being hired.
This is at ten dollars an hour. You'll see on the handout that I gave you. The cost of the
contracted vendor is 146,340 dollars. The range for -- between three and eight
personnel to be hired within the city is 286,409, to 460,415. So, I am looking for
direction from Council as to what direction they would like to proceed and to answer any
questions.
De Weerd: Keith, can you tell us who was on the review committee and if references
were checked?
Watts: Yes. Kathy Wanner from my office did call references on all of them. The ones
from Clearview, the references were comparable size buildings and they were
exceptional comments that we did receive. The evaluation committee consisted of
myself, Bill Nary, Tamara Scott from the Water Department, Jeff Lavey from the Police
Department, and Rachel Myers from the Parks Department.
De Weerd: Thank you. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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Zaremba: Just -- you may be aware of this, but the police department has an issue in
that their current janitorial person is retiring this Friday, so assuming that we agree to go
with Clearview, how soon are they able to start?
Watts: I have not spoke to them yet. I needed to wait for Council direction, but, yes,
Jeff has -- Chief Lavey has made me aware of that and I was going to bring that up here
as well. If the direction is to move forward with them, I will be contacting them first thing
in the morning to see if we can start background checks.
Zaremba: Thank you.
De Weerd: Any other questions or comments?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the contract with Clearview Cleaning, their janitorial
proposal, for an amount not to exceed 146,340 for the year.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Rountree: Madam Mayor, I just have a question on costs. It's kind of odd how they
have fallen out, that the -- Clearview has indicated that the two major buildings -- well,
actually, we have three major buildings, but the City Hall and police station were
considerably less than our current costs, yet all of the smaller buildings are considerably
higher than our current costs. Is there some difference in the language in the RFP that
gives folks a range in how to deal with that?
Zaremba: We did give them the services that are expected from the city and they were
the same throughout each building. I believe that the Police Department right now is --
in the RFP was asked to be cleaned seven days a week, which I would confirm with
Chief Lavey before we finalize the contract.
Rountree: And in your reference checks, comparable buildings, were there LEEDS
buildings?
Watts: Yes, Councilman Rountree.
Rountree: Okay.
De Weerd: Okay. Any further questions? Madam Clerk, will you call roll.
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Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Watts: Thank you, Madam Mayor and Council Members.
De Weerd: You know, I would say that Proclean has been our service since we have
moved in and they have done an outstanding job. I know anytime you say anything it's
-- it's immediately addressed or -- and their personnel are friendly and professional and
so I would hope you would pass on our appreciation for the service they have given to
the City Hall building in this interim time.
Watts: Yes, Madam Mayor. If you would like, I could write a letter of recommendation
as well, if you would --they have done a fantastic job for us.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would second that and John in the back -- and thank you, John. I want to
make sure that the contract, as we enter into it, has an out clause, so, you know, if -- we
don't get in the predicament that we have been in in the past.
Watts: Absolutely, Councilman Rountree. We will ensure that.
Rountree: Thank you.
De Weerd: Sony, I don't have my glasses on. I can't see that far. Usually we don't
admit those things. But, again, our sincere thanks for the service that you and your staff
have provided us. It's been exemplary.
D. Public Works Department:
1. Reimbursement Agreement with JLJ Enterprises, Inc for
Overland Road Water Main for $138,240.83:
De Weerd: Okay. Council, moving on. We did remove Item E from the Consent
Agenda and we did receive Councilman Bird's --
Bird: You have got D.
De Weerd: Oh, I'm song. Sorry, Clint. Trying to make things easier for you.
Dolsby: Yeah. All right. Thank you. Madam Mayor, Members of the Council, this item
is for a cooperative construction and reimbursement agreement with JLJ Enterprises for
6,000 feet of 12 inch water line to be installed in the realigned Overland Road that we
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March 3, 2009
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have agreed to with them. The terms of the agreement are that the city will pay 100,000
dollars to JLJ 30 days after completion, with the remainder to be paid over a five year
period from fees collected within the service boundary. And just as an administrative
note, we are also going to charge an administrative fee of $9,384.60, which will come
out of this reimbursement. And I will stand for any questions.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I have not gone through this in great detail, but I would hope there is
language in here to the effect that this project will be done by a date certain and if it's
not met, the city will not participate in this.
De Weerd: I believe those assurances were built into the document.
Rountree: It's in here?
Dolsby: Yes, Madam Mayor and Councilman Rountree, they were built into the
agreement.
Rountree: Is there any reimbursement back to the city?
De Weerd: I don't believe I remember seeing something like that.
Dolsby: No. Madam Mayor and Councilman Rountree, there isn't that in there. The
original bid was 175,000, which we would agree to reimburse one hundred of and, then,
they would -- I think they would either rebid it or come up with another bid to reduce it to
one 138. That's why the up front reimbursement is so much.
Rountree: And we have had a Philadelphia lawyer look at this?
Nary: Mr. Baird.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'm sure he had that, too. Where is the completion date? I looked through this
and I don't see an exact date. The only date I see on it is prior to March 13th, 2009. In
five years -- the agreement can last for five years. I'm like -- I don't see any date.
mean we got a five year agreement that -- if they come down to 59 months and, then,
need to -- so, I don't -- I don't see where we have got a date here that would say they
have to have it completed by a certain date.
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Dolsby: And, Madam Mayor, Councilman Bird, I don't see a specific date identified.
There is a letter of credit that we are requiring them to get by March 13th and, then, we
have some specific guidelines upon completion of the project. I'm not seeing a specific
date in here either.
Bird: The letter of credit, you know, and, then, if you go over to -- I just had it. Right
here over to terms of agreement for a period of five years, terms of the agreement --
Dolsby: Madam Mayor and Councilman Bird, that's -- think that part's more geared
towards reimbursement back to --
Bird: That's what I mean. Yeah. That's the only -- I don't see any completion date.
Rountree: No. That's why I asked the question.
Bird: That's why -- and I do understand, Clint, that the party has signed this and it's --
Dolsby: Madam Mayor and Councilman Bird, are you speaking of Mr. Jewett?
Bird: Yeah.
Dolsby: I don't think he's signed it. As far as I know.
Bird: I thought Tom said he had when --
Dolsby: Oh.
Nary: I thought we got -- Madam Mayor, Members of the Council, I thought we got
signature pages today right towards the end of the day. But if it's critical to have a -- a
final date other than this open ended date, certainly we can take this back and have the
discussion. I don't know what the anticipated date of -- of this construction is. Do you,
Clint?
Dolsby: I don't -- no, I don't either.
Bird: Do you know, Mayor?
Rountree: Madam Mayor, my recollection is on a previous action on this particular
application we established -- we were going to pay a fee, provided the road was
completed I believe by the 1st of June or the 1st of July and if it was not completed,
then, they were going to reimburse us that fee. I think the same date needs to be
included in this, that if it's not done by this summer --
Nary: Right. And I think that's --
Meridian City Council
March 3, 2009
Page 16 of 38
Rountree: But the five years, in my opinion, is superFluous. It's got to be done by this
summer or I'm not going to be part of the deal.
Nary: Madam Mayor, Members of the Council, Council Member Rountree -- and I think
that's part -- I think that's part of the Linder 109 agreement. Isn't that right, Clint? Is
what Council Member Rountree is referring to?
Dolsby: Madam Mayor, Councilman Rountree, I believe it is now. I also remember
when Mr. Jewett came before Council a few months ago and we agreed that we would
waive our fees, given that he completed it --
Rountree: Waive the fees provided he could get it done by --
Dolsby: Right. Right.
Rountree: And if he doesn't, we --
Dolsby: Uh-huh. And he committed to that when he was here at that -- at that time.
Rountree: Yes.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: This is a vague recollection as well, but before Councilman Rountree
mentioned June 1 st, I was thinking June 1st was the date that I remembered. So, we
both came up with the same date from our collective memories.
Rountree: That's not necessarily a good thing.
Nary: So, Madam Mayor, Members of the Council, maybe what we will do -- the Linder
109 agreement is set for next week, so why don't we pull this back, we will have that
discussion, I'll make sure if there is other -- if we need to make sure those dates match
up in both this agreement and that one. We could have that back in front of you next
week. I don't -- I think -- I know Mr. Brown wants to get paid, but I don't know that one
week is going to make a difference from the length of time we have had this discussion,
so -- would you like us to do that, if that would work?
De Weerd: I don't know if it's just about Mr. Brown, it's -- I believe it has something to
do with ACRD as well.
Dolsby: The payment wasn't going to come until the end of construction anyway, so I
don't think a week is going to hurt anything.
Nary: Oh. Okay.
Meridian City Council
March 3, 2009
Page 17 of 38
De Weerd: And as I understand it -- and, Mr. Nary, perhaps you can correct me if I join
the collective minds up here and have a little bit of fog, but did -- did we not -- this was
initiated because ACHD needed assurances that the road projects were going to be
completed, he needed to issue a letter of credit, the letter credit was contingent upon
this agreement, and that ACRD had a very tight time frame on when he needed to get
back to them. Now --
Nary: Those are all correct, Madam Mayor. That is correct. That was the discussion
we had.
De Weerd: Do you know what the date was?
Nary: I don't. I'd have to pull the minutes. I don't recall the specific date. I do recall it
being the summer, as Council Member Rountree stated. I don't remember if it was
specifically June 1, so I will just have to pull the minutes to get that.
De Weerd: Clint, do you know?
Dolsby: I'm not sure either.
De Weerd: Okay. Well, we will just continue this or postpone it -- any decisions until
next week.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would comment that if we are going to add a date certain to this, then, also
paragraph H, which talks about change overs and construction contracts, I would add a
sentence to say that change orders do not extend the time period, just to clarify that.
Dolsby: Madam Mayor, Councilman Zaremba, we will have that in there as well.
Thanks.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we continue the discussion on this item until next week.
De Weerd: I don't think we need a motion.
Rountree: Okay. You have one anyway.
Meridian City Council
March 3, 2009
Page 18 of 38
Item 7: Items Moved from Consent Agenda:
E. Approve Award of Bid and Contract with Treasure Valley
Drilling for Well 28 Production Well for $244,026.00 with a
Spending Authority fora 10% Contingency Amount:
De Weerd: Okay. Well, thank you. Okay. Item E was removed from the Consent
Agenda and would staff like to respond to Mr. Bird's concerns about the ten percent
contingency amount?
Watts: Madam Mayor, Council Members, I don't have anybody from Public Works here
that's working on that -- that particular project. It was just -- the idea was to keep from
coming to Council with a two or -- one hundred, two hundred or three hundred dollar
change order. That was the general intention of it.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: If you got the -- if you got the specifications, the drawings and everything --
engineering all done on a well, you shouldn't have a bunch of two or three hundred
dollar items and you can bring it through as -- it's too often if you give a ten percent they
will spend it. If you do it with a change order, they don't. That's my only -- I mean we
have never give contingency up until the last year or so and I think it's awaste -- I think
it's a waste of money. They can come back with a change order and the five of us up
here can decide it.
Watts: I would also like to clarify that the -- the ten percent is not a guarantee or an
authorization to increase the contract. The contract is still the bid amount.
Bird: But, Keith, the way it's worded here with the authority of spending for a ten
percent contingency means they have got 24,000 dollars they can spend without the
people that are responsible for the dollars having a say.
Watts: I will instruct Public Works of that.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I would move that we approve the Well 28 bids and award the bid to Treasure
Valley Drilling for the sum of 244,026 dollars and for the Mayor to sign and the Clerk to
attest.
Rountree: Second.
Meridian City Council
March 3, 2009
Page 19 of 38
De Weerd: I have a motion and a second to approve this item as stated by Mr. Bird.
Any discussion? Hearing none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: I did find the a-mail from Mr. Jewett and I have asked -- I have sent that to
our clerk to copy and so we can discuss it at the end of the agenda.
Item 8: Public Hearing: MDA 09-002 Request to modify the Development
Agreement for Woodbridge (Instrument #100006602) by T.T.S.
Developments, LLC - 385 S. Locust Grove Road:
De Weerd: Okay. Item 8 is our public hearing on MDA 09-002. I will open this public
hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Woodbridge modification
to the DA project. It's located at 385 Locust Grove Road, which is on the west side of
Locust Grove approximately a quarter mile south of Franklin and, again, the application
before you tonight is a development agreement modification and I'm going to give you a
little history. You can see this site. It's close to the police department, which is across
the street. In 2000 the site was annexed with an L-O district as a pathway for
annexation of Woodbridge Subdivision on the east side of Locust Grove. A DA was
recorded with the annexation that required CUP approval of all future uses on the site.
In 2001 O'Neil Homes, LLC, obtained CUP approval to convert an existing residence
into an office -- a sales office. As conditions of approval of that CUP, the applicant was
required to complete the following: Extend sanitary sewer and water to and through the
site with any future development on the parcel or after a period of six years, which ever
came first. Two. Construct a 25 foot wide buffer along Locust Grove beyond the right
of way. Three. Construct a 20 foot wide buffer screen with a 60 percent solid screening
adjacent to the residential lot north of the subject property. And, then, the double row of
trees provided along the north side of the parking lot does meet this requirement
currently. Four. They were required to construct a five foot wide perimeter buffer
adjacent to the driveway and the parking areas with one tree per 35 lineal feet. And,
five, they were required to construct a trash enclosure and other items as described in
the findings. So, most of those you will recognize as typical landscape requirements
and, then, the sewer extension. After the CU was approved for the office, a certificate
of zoning compliance was required to be submitted for the change in use of the site, but
one was never submitted. All required improvements were to be completed prior to
obtaining a certificate of zoning occupancy, but because the CU was not commenced
and sewer and water lines were not installed, occupancy was never granted and the
conditions of approval were not met within the allowed 18 months time period and the --
Meridian City Council
March 3, 2009
Page 20 of 38
excuse me. The applicant did not request a time extension within the allowed 18
months time period, so, the CU has, basically, expired. In the time since the CU was
approved, though, the applicant states the developer of Woodbridge used the property
as headquarters development and, then, sold the property to a law firm, who used the
property as a law office. A certificate of zoning compliance nor a certificate of
occupancy were obtained for these uses. Therefore, they, essentially, operated
illegally. The current owner, the applicant, was made aware of the requirements when
applying for a certificate of zoning compliance. Staff and the applicant agreed that the
DA modification was appropriate with regard to the conditional use requirement and that
a compliance schedule should be included in any modified DA -- development
agreement. So, staff is recommending approval with the DA modification with the
provisions shown in Exhibit B-2. And I will summarize those for you briefly. We are
recommending that a CU not be required for uses that are principally permitted in the L-
Odistrict. So, basically, we are recommending that we use the schedule of uses in the
UDC. Two. That they extend sewer and water to and through the site within 12 months
of approval of the DA by Council and submit surety for the cost of installation of these
improvements prior to issuance of the certificate of zoning compliance. Three. The
undeveloped portion of the site shall be mowed and kept free of weeds greater than
eight inches tall. Four. A certificate of zoning compliance shall be submitted for the --
to establish the proposed use. And, then, finally, that the landscaping be installed to
current UDC standards within a period of 18 months of the date of the approval of the
DA modification and that they would submit a surety for the cost of improvements prior
to issuance of the certificate of zoning compliance. So, the applicant is requesting a
longer time frame and I'm sure they will talk to you about that. Staff is recommending
the 12 months for services and 18 months for the landscaping. They would like three
years for both items. And with that I will answer any questions Council may have.
De Weerd: Thank you, Anna. Council?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Anna, the landscaping between the -- this property -- well, on the north side of this
property and the property next to it, is that what we are talking about they want -- you
want it done in 18 months and no buffer and --
Canning: Madam Mayor, Members of the Council, Council Member Bird, we are talking
about the typical required landscaping for a commercial project. So, it would be the
land use buffer, as well as the landscaping along the parking aisles and along the street
frontage.
Bird: What about the north side?
Canning: That would be the land use buffer.
Meridian City Council
March 3, 2009
Page 21 of 38
Bird: Okay. Okay. Thank you very much.
De Weerd: Any other questions at this point? Is the applicant here? Would you like to
comment? If you will, please, state your name and address for the record.
Grubiak: Sure. My name is Joe Grubiak. My address is 24811 Lemp Lane in Parma.
83660. Madam Mayor and Council Members, again, my name is Joe Grubiak and
along with my wife Holly and Brent and Barb Beveal we are TTS Development. We are
two local families trying to make smart investments here in the City of Meridian and this
is our first endeavor to invest wisely in commercial real estate. So, as we just heard, we
are requesting a modification to the development agreement and asking for more time
to make the stated tie ins to water and sewer and landscaping. We are not trying to
shirk those responsibilities, but we do need more time to comply. We understand that
according to the terms outlined within the amended development agreement that the
subject property needs to be tied into sanitary water and sewer. But also since -- and
also since none of the landscaping was done we understand that we need to comply
with the city ordinances and create the proper buffers. We are simply trying to make the
city understand that the financial hardship of compliance in today's economic conditions
is extreme. We figure that to install sanitary water and sewer we are looking at
expenditure of 15,000 dollars and to create the required landscape buffer we are
looking at an expenditure of 45,000 dollars. Our current debt service on this property on
a yearly basis is 28,200 dollars and we have been advised by people that represent us
that our expected rents on the property that we have is around nine dollars a foot. So,
our revenue is around 14,400 dollars and that's if we could rent it tomorrow if you
granted us a certificate of occupancy this evening. So, even if we rented the property
we are looking at a negative cash flow of 13,800 dollars on a yearly basis and that's a
lot of money. Our two families -- we invested over 100,000 dollars each of our savings.
We are two families of fairly modest means. This isn't a large developer that -- that has
a deep pockets So, we are asking that the city grant us a three year compliance
extension to the amended development agreement for water, sewer, and landscaping,
so that we can accomplish the following: This will give the -- give us the time -- or,
rather, would allow us the time for the significant expenditure required for compliance to
the conditions outlined within the development agreement to more favorable market
conditions. We are asking fora 36 month extension for compliance, because it is
impractical to think that we would be able to find a lessee tomorrow if granted an
occupancy permit tonight. Said another way, any amount of time shorter than 36
months would require us to spend 15 to 60 thousand dollars just to derive an expected
rent that once obtained is only 14 four. Maybe said even another way, we feel like
you're asking us to spend a quarter to make a dime. And, finally, I guess what we
would like to say is that because of our modest financial means we just simply do not
have the financial capability to step up and make the required investment in 12 months.
We believe this request is reasonable, since we are aware of no economic analysis that
predicts a substantial improvement to market activity in any term shorter than that.
Again, we are not trying to shirk our responsibilities here. We understand that when we
develop the property further that we need to come into compliance. We even
understand that we need to bring it into compliance even if we weren't to develop the
Meridian City Council
March 3, 2009
Page 22 of 38
rest of the property for a period of time, we just think that -- and would like to ask for
more time. With that I will answer any questions that you might have.
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Sir, did you not do your due diligence when you purchased this property to
know the predicament you got yourself into? I'm not sure Meridian did this for you.
Grubiak: In our title commitment we did not understand -- we did not see a Conditional
Use Permit. The Conditional Use Permit was expired at the time that we purchased the
property. There was a development agreement that was outlined or mentioned in our
title commitment. We also have the issue at this -- during this time of trying to seek
additional clarification from the city and there was many points of frustration on our part
where we couldn't locate proper documents due to the city's relocation to this facility.
De Weerd: Does that answer our question?
Rountree: Apparently they didn't do their due diligence.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: When did you purchase this?
Grubiak: We purchased it a year ago -- well, just slightly under a year ago. Ten
months. We bought it in April of last year.
Bird: And you couldn't -- and you couldn't get our papers because we was moving? We
didn't start moving until October 20th.
Grubiak: We could not locate a certificate of occupancy for our building. We could not
receive an answer from the city, because they couldn't locate any paperwork.
Nary: Madam Mayor --
Grubiak: So, we -- subsequent to us purchasing the property we, then, made a further
investment to -- to the front of our building to the tune of 35,000 dollars. So, we spent
235,000 dollars purchasing this property, based on the belief that we could rent the
property after that. It wasn't until we -- we secured a renter and came to the city for our
certificate of occupancy that we started running into this issue.
Meridian City Council
March 3, 2009
Page 23 of 38
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, we had this discussion with the
gentlemen here and their counsel -- I mean the reason they couldn't find a certificate of
occupancy previously is because none were granted previously, because they had not
complied with our ordinances with the prior users of the property. So, that's why they --
but the development agreements and such were all recorded documents, so they are
recorded against the property. So, they are available not just from the city, but also
from the county clerk.
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: A couple of questions if I might. If you were to do this all over again, would
you have purchased the property knowing what you know now today?
Grubiak: I don't think so.
Hoaglun: To follow upon that, the sewer and water and the 15,000, is that an estimate
that you went out to get from somebody or how do we come to that figure? And same
with the landscaping, the 45,000?
Grubiak: Yes, sir. What we did is we arrived at the landscape figure based on three
dollars a foot. Yeah. And that was complying with the stipulations as stated within your
paperwork. And, then, my wife owns Quality Sand and Gravel and her partner also
does pipe work. So, we have an expert that's given us an estimation of this. Now,
having said that, this is simply for a water and sewer line capable of supplying the
existing facility. We are not talking about trying to build in this some type of an amount
based on future capacity necessitated by other development that we do to the property.
Trying to be fair in giving us a realistic figure here.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess this is a legal question and I don't know if we want to make a legal
opinion on it, but it would seem to me that these are requirements the previous owner
should have met and I would wonder whether you would have a way to go back to them
to recover any costs that you might put into this, because it seems to me they should
have done this two years ago before you were even involved. They were required to do
that and it seems to me like that's something they owe you.
Grubiak: Well, the other thing that -- that doesn't fit well with us is the fact that both
O'Neil and these attorneys occupied the property illegally and we are trying to play by
the .rules and in trying to play by the rules now we have been -- encountered this
Meridian City Council
March 3, 2009
Page 24 of 38
requirement, which, again, we are not trying to avoid, we are just trying to delay it for
financial reasons. We acknowledge that we need to do it.
De Weerd: And your time frame?
Grubiak: We are asking for three years. A three year window.
De Weerd: You know, I guess, Council, the justification that, you know, two wrongs
doesn't make a right doesn't go very far and certainly I appreciate you stepping up and
wanting to do the right thing. It's certainly not something -- you would think the
attomeys would have known the steps to follow as well. But it is an economic
environment that I -- I would think one that needs consideration of kind of a time
extension on this and we do it on plats and the -- building hasn't been -- the footprint
hasn't been changed and so I don't know that -- those are things in my opinion would
warrant at least consideration.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I certainly don't disagree with you. I just -- I can't -- that's something we will have
to look into as a Council why -- why for five, six, seven years that hasn't been done. But
three years is a long time. I --
Grubiak: We acknowledge that if economic conditions were to improve and we decided
to develop the rest of the property prior to that, that, obviously, it would necessitate us
complying with an earlier time frame. We do not anticipate that occumng.
De Weerd: I guess, Mr. Bird, you can consider a clause, you know, that three years, if
not sooner, if the land should redevelop, which, of course, would be mandatory anyway.
Bird: Oh, if he was to redevelop he'd have to come in and get building permits and stuff
like that and at that point I'm sure our Planning and Zoning would -- would make it tough
enough that he'd have to do it. My biggest heartache is we have let it go as long as we
have without picking it up before and like somebody here said, two wrongs don't make a
right. But I feel very sorry for these people, they -- I'm sure they all four wish that they
would have done more diligence when they was purchasing the property now, but it's
too late, I don't think we can probably go back on O'Neil or the attomeys, either one,
because I'm sure they don't have a -- they don't have it in their contract an out or help
me. So, Mayor, I'm like you, I think we ought to give them an extension. I don't -- I don't
know. I guess if the neighbors have looked at it for five years or six years, I guess they
could look at it for another three.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
March 3, 2009
Page 25 of 38
Hoaglun: Question. What is the status of the sewer and water system? I mean it's still
operational? It's functioning right now as far as we know?
Grubiak: Yes, sir. In fact, when we bought the property we had the well redone, put a
new pump in and the septic system was inspected at the time of closing and proven to
be adequate and functioning property.
Hoaglun: Okay. And I think I read in here, Anna, that the -- if that were to fail -- the
drain field failed or something, then, they have to -- there would be a requirement to
hook up if that were --
Canning: Central District Health won't allow another septic system with the sewer being
so close.
Hoaglun: Thank you.
Canning: Madam Mayor, Members of the Council, I have had lengthy discussions with
the applicant since and with regard to the due diligence I think that they did what they
thought was necessary for the due diligence. I think it's -- they have admitted this is
their first kind of project in this regard and -- and perhaps now have learned the full
extent of what due diligence means. But I don't think that they entered into it lightly. As
was mentioned, they have the septic inspected, they had the well inspected -- I mean
they were -- they were going -- they were looking at the right things. They didn't know
all the right things I think is what could be said.
De Weerd: Thank you for that clarification. I guess, you know, I have kids and
sometimes we penalize the kid that tells the truth when they know they will get in trouble
and, you know, (guess -- and we are going to find instances like this and 1'd much
rather reward the person who brings it out and says we recognize we didn't find it, we
want to step up and be accountable to it, but will you work with us. And I think that's
what we are being asked to do today. You know, I certainly don't want to let the people
that don't come forward and don't do the right things get away with it, while those that
do step up and stand tall, that we penalize. And so I -- I think if -- certainly this is your
decision, but the flexibility of time extension and certainly that time extension -- the
length of is yours to decide, but if you ask me I feel comfortable with it.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: If I -- for the same reasons I think 1 easily could support it. Three years,
actually, is not as long as you might have asked for, I suppose. But as long as it's
framed in terms that it's three years, that it would be sooner if you apply for a different
kind of development on it, it would be sooner if your septic fails -- I think we all
understand that. The question that I have asked before I will ask again, because I
Meridian City Council
March 3, 2009
Page 26 of 38
never remember the answer. Do we have a tickler system that would remind us three
years from now to ask the question again?
Bird: No.
Canning: No, sir, we do not.
Zaremba: So, how would we know three years from now that somebody needs to look?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, you know, this is the discussion we have
had a number of times. I mean, you know, this -- I just looked up while we were sitting
here -- I mean this agreement was recorded in January of 2000. So, it was available on
the county recorder. So, it was out there to see. Now, these folks -- certainly I believe
them completely that they had no idea that this issue had never been resolved, but that
is a problem. The reason this wasn't caught with the prior ones is you had occupants
who, basically, didn't do anything. They didn't get a building permit, they didn't get an
occupancy permit, they just occupied the space. So, we are working intemally to try to
create a better system to catch those. One of the things in our recent discussion
regarding the car lot on Fairview, we had the same concern about stretching in out too
far beyond anyone's memory to be able to catch those things and I think you settled on
two years on that particular project, because it was within a window that we felt we
could intemally catch that and I don't have an easy answer. I mean there isn't a system,
because -- because there are all integrated with different departments as what the
needs are. Yes, if they come back for another building permit, someone's going to look
at it again. If they come back for a different change of use, someone would look at it
again, but just from March of 2009 -- by March of 2011 are we going to have some
guarantee that someone's going to remind these folks or the next buyer that they have
to hook up to the sewer, which is what these folks ended up in that situation. I can't
guarantee that. My only recommendation is I wouldn't make the period too long. They
can always come back in and ask again. I mean if you make it two years or a year and
a half when the landscaping is due, if the economic climates have not changed, they
would come in front of the Council at that time and make the same request and that at
least keeps it within a reasonable time frame from the staff side to be able to catch
these type of things. This, again, is why we require a surety, why we require to have a
letter of credit for these things, so that -- we keep track of those and if it isn't done we
have the financial means to get it done.
Canning: Madam Mayor?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
March 3, 2009
Page 27 of 38
Bird: Mr. Nary, while you have got that out there, I recall that when we -- Woodbridge,
when that development agreement was done, before they got out here in this, this had
to be -- this property was their link to getting to the city and had to be up to speed.
Does not the original agreement say that?
Nary: I'm not sure what you're asking, Mr. Bird. Is this --
Bird: Well, this property is how they got -- this is how they got contiguous --
Nary: Correct.
Bird: -- to the city and there was -- as I recall -- and it might be some other project that
I'm thinking about, but as I recall, the stuff that we are asking this gentleman to do
before they did some stuff over there, it was supposed to be done, if I recall that, and
I'm not going to take credit for being smart on it, but I have had two of their neighbors
out there remind me of it.
Nary: So, Mr. Bird, is your question asking was it supposed to have been done by the
prior property owner?
Bird: Before they got Woodbridge completed.
Nary: Okay. So, before the final stages of Woodbridge this was supposed to have
been done.
Bird: Yes.
Nary: Okay.
De Weerd: I guess it's immaterial.
Bird: It's -- it's immaterial. I just would like to know for my own --
Rountree: Not if his review is done.
Bird: Yeah. I have no hammer now.
Nary: We did have some of those type -- I mean we didn't prepare this agreement.
This was prepared previous to me being here, but we did have those types of
conditions. Again, the same problem arises. You have development that one empty lot
-- I think there is an empty lot in Meridian Greens I saw just today. It's not completed
and that's been there for ten years, so I don't -- I don't see that condition in here, but it
wouldn't surprise me if I was there at the time.
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March 3, 2009
Page 28 of 38
Bird: Well, Madam Mayor, if nobody else wants to testify or anything, nobody don't
need anymore testimony, I would say let's proceed on.
Canning: Madam Mayor?
De Weerd: Anna.
Canning: Madam Mayor, I would recommend if the Council is inclined to approve the
development agreement modification that we do add a provision that any future
development of the property kind of negates the timeline discussed in the DA
modification and they would be subject to all the requirements of the city code, because
its not in there and I could see how a different owner might not think that they had to do
it -- if they were to buy it and subdivide it, they might think that they have got a three
year time frame. So, I would recommend adding that in there.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Anna, you just answered the question I was going to ask you, so thank you
for bringing that up. I'm a little concerned about the time period they are asking. We
have seen a number of time extensions in the past months -- in the past year, as a
matter of fact. Typically it's 12 months. We have gone to -Lakes on Fairview where we
had a site that we wanted cleaned up that we extended that to I believe 24 months. I'm
not -- I'm not going 36 months. I could probably -- I could go with 24 months on the
landscaping and I'd really like to see the sewer and water done -- I'd really like to see
that in there -- I'd like to see it done within 18 months. We never know if we can have --
you know, they -- they're playing Russian roulette with our capacity, with our hook up
fees that are going up, with our rates that are going up, so I just -- I just can't move
forward on their request for 36 months personally, but we can see how a motion goes
here.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: My thoughts are we are -- along the same lines as council president splitting
these out, I was thinking, you know, sewer and water two years and landscaping three
-- and at the same time, though, the argument that, you know, are we penalizing people
coming in to make it right and to do things that need to be done that should have been
done and weren't passed on and that we didn't catch, bothers me to some degree.
And the other part, I don't think we ought to limit the time frames, because we can't go
to three years, I don't think -- that's kind of like punishing people for a system that we
are struggling with coming up with an appropriate system to get in place that works and
there are systems out there that could do it for us, but they are very, very expensive, a
software package, but -- so I'm wrestling with -- with doing a split or just going -- going
Meridian City Council
March 3, 2009
Page 29 of 38
three years for the whole thing and say, hey, you know, work with us on this. If you're
going to be selling this property in the interim, let these folks know that they are walking
into something of what they have.
Grubiak: It's not our intent to sell the property. Our intend was -- is to make this a long
term investment for both families. I'm sure many people come in here and tell you the
same thing and do otherwise, but, sincerely, that's what we are --
De Weerd: You're right, that has happened before.
Grubiak: Is there any way to make that three year notation a material fact to the title?
Recording it to the title?
Nary: Madam Mayor, Members of the Council, the development agreement that would
contain whatever provision that the Council set, including those timelines, would be
record against the property, but, again, as in your situation the current one was
recorded against the property as well. So, I mean, yes, we will do that and so in our
opinion it is out there for the world to see, but it doesn't mean that the same issue
couldn't arise again.
Canning: Madam Mayor, Members of the Council, the question was asked if we had a
tickler system in place and we don't, but we are now recording all of our -- or linking our
geographic information system database, we are linking all the development
agreements back to the clerk's searchable documents, so we are providing better
information to folks as they come in and ask general questions about a property, we can
quickly pull up that DA. So, they may not be aware it's there and we may find it before
they do with the new system, so it's not a tickler, though, but it is a better source of
information.
De Weerd: Well, you know, Anna, I -- it sounds like maybe this is a naive idea, but we
have Outlook. You can go three years out on your Outlook and just put in an
appointment date and say check such and such file. That might be too easy. But --
Canning: It sounds like it.
De Weerd: Or not too easy. I said that wrong. Maybe too much of a naive statement,
but I think we do need to find a solution to this, so that we do have reminders to look
into things and for now until a better system is used, certainly Outlook can -- might be
able to serve that. I don't know if when you get upgrades you lose some of that, but just
an idea. Council, I guess it sounds like there is various ideas about the length and I
would ask the applicant -- I'm sure he's brought the time frame, because that's what fits
with them and, again, I go back to maybe the conundrum that Councilman Hoaglun is
struggling with is, you know, I will quote someone that I know well is what's the hung.
We have waited this long and we haven't really followed it, so what is the hung and we
all are cognizant of -- of the economic times and I think that just underscores that three
years is an appropriate time frame. But if there is no further comment from the
Meridian City Council
March 3, 2009
Page 30 of 38
applicant or any further testimony -- no? Council, any further information you need from
the applicant or from staff?
Rountree: Madam Mayor, I have a question for Bill or Anna and it's a matter of
enforcement. Apparently had we known the previous occupiers of the property were
occupying it without an occupancy certification, what's -- what's the enforcement and
what's the penalty?
Nary: Madam Mayor, Members of the Council, I guess I could start and Anna may have
more. Basically, if we were to find someone that is occupying -- I mean we would use
our code enforcement group to notify them of the violation. If they could bring it into
compliance, we would allow them to bring it into compliance and while they would be
doing that they would be paying the fees and the inspections and those kinds of things,
depending on whether it's a life safety issue. I mean it may be something that they may
have to immediately stop occupying the space -- we really wouldn't -- to be honest with
you, we wouldn't be that concemed about the hardship, we really would be concemed
about compliance issues. There are criminal charges. Obviously, they could be
charged for violating those provisions of the code. So, there are tools that we have in
place with code enforcement, but, again, the problem is is we have lots of places that
are occupied that may or may not necessarily have an occupancy permit and catching
that with four officers is difficult. Lieutenant Overton oversees that group, too. But that
would be our general approach, is we would probably notify them of the violation. If
they could come into compliance within a very short limited time we would allow that. If
it was a life safety issue we wouldn't allow it to be occupied until it was brought into
compliance and that's why you sometimes see those types of applications in front of you
for different things. People have constructed a patio room without approval. People
that have constructed different things without your approval. So, that's why you have
seen those in front of you. I don't know if Anna or Lieutenant Overton has something
else.
Canning: Madam Mayor, Members of the Council, I believe the last illegal conversion of
a residence that we had -- we actually did red tag the structure and force the business
out and that was over off of Meridian Road north of Cherry there. The entrance to that
subdivision. So, we were able to gain fairly -- compliance fairly quickly to get that
commercial business out of there.
De Weerd: Okay. Anything further from Council or the applicant? Thank you.
Grubiak: Thank you.
De Weerd: Council, seeing no further comment, I would entertain a motion to close the
public hearing.
Bird: So moved.
Hoaglun: Second.
Meridian City Council
March 3, 2009
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De Weerd: I have a motion and a second to close the public hearing on this item No. 8.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Against my better judgment. I move that we approve MDA 09-002 with a three
year time limit, unless development of the property happens before the 36 months time
limit is up.
Hoaglun: Madam Mayor, against my better judgment I'll second that.
De Weerd: Oh, my gosh. Okay. Any discussion? Anna, did you -- was that the
clarification that you suggested?
Canning: Yes. I may flush that out a bit for the -- the conditions and, then, just -- I can
make sure I bring it to Council's attention at their next hearing.
De Weerd: Okay. Very good.
Bird: You can do a better job than I can, so --
De Weerd: If there is no further discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea.
De Weerd: Okay. Three ayes. Motion carries. Thank you.
MOTION CARRIED: THREE AYES. ONE NAY.
Item 9: Amended Ordinance No. 09-1394: Design Review Ordinance:
De Weerd: Item 9 is our amended ordinance 09-1394. I will ask the clerk -- Madam
Clerk to, please, read this by title only.
Holman: Madam Mayor. City of Meridian Amended Ordinance No. 09-1394. An
amended ordinance amending Title 11 of Meridian City Code regarding zoning and
subdivision regulations codified at Title 11 and entitled the Unified Development Code of
the Meridian City Code relating to adoption of a new administrative design review
Meridian City Council
March 3, 2009
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process and associated implementation procedures for design review and providing for
a waiver of the reading rules and providing an effective date.
De Weerd: Okay. You have heard this ordinance read by title only. This is the first
reading. I don't know if there is a desire on an amendment to read it three times.
Council, what would you desire?
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Just so the Council knows, there was a -- there was more than a scrivener error,
there was some information I think that was deleted is what it was -- that should have
been deleted --
Canning: Yes.
Nary: -- and didn't get deleted in the ordinance. So, it was more than what we could
justify as just a -- essentially a clerical error. So, I don't think you need to read it three
times.
De Weerd: Thank you.
Canning: And, Madam Mayor, it was a paragraph that was represented as being
existing code, when it was actually not, so -- and we didn't want it to be, so --
De Weerd: Okay. Council?
Zaremba: Madam Mayor, what are we looking for, a motion to --
De Weerd: To approve. Uh-huh.
Zaremba: To approve this with suspension of a second and third reading? Okay. I
move that we approve the amended ordinance 09-1394 as read and suspend the
second and third reading.
Hoaglun: Second.
De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam
Clerk.
Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: Hey, Mr. Bird.
Rountree: Against his better judgment.
Meridian City Council
March 3, 2009
Page 33 of 38
Bird: Against my better -- no, this was the good judgment.
De Weerd: He doesn't want it to be cleaned up. He'd rather leave it the way it was.
Zaremba: We are not always unanimous.
MOTION CARRIED: THREE AYES. ONE NAY.
D. Public Works Department:
1. Reimbursement Agreement with JLJ Enterprises, Inc for
Overland Road Water Main for $138,240.83:
De Weerd: Council, I guess you do have in front of you the a-mail that I was able to find
amongst mine on what the time -- time sensitive issue is of this and since I didn't verify it
to know -- I guess to know if this is truly what ACHD is -- is putting some firm deadlines
in place to get these agreements or funding would be lost for the road's improvement, I
can't attest to that, but I did want you to at least see the a-mail that I knew was
referencing the kind deadlines for this approval, so that letter of credit could be issued,
so that the project could be done and as you also see in this a-mail that it does have a
completion date, date scheduled completion in June of this year. That's the best I can
provide you.
Rountree: Madam Mayor, if this item is that critical that we act on it tonight, we do not
have a signed copy and no indication that the developer has signed it, I would say that
we make the stipulated changes in the document we have before us and act on that --
Bird: Madam Mayor?
Rountree: -- with respect to timeline and with respect to Mr. Zaremba's comments on
Item H.
De Weerd: Mr. Nary, you can -- you're sure that we didn't receive that?
Nary: That's what Mr. Baird told me before the end of the day, that he was advised --
Bird: We do have a signed contract is what Tom told me.
De Weerd: We do have a signed contract?
Bird: We have this signed and that's -- that was my concern --
Rountree: Then, we will have one we have signed and acted on, so --
Meridian City Council
March 3, 2009
Page 34 of 38
Bird: I don't -- I mean it's very definite right in here, Mayor, that -- that he agreed to it
and we said we are holding his feet to the fire, but, really, Mr. Nary, this should have
been put into this and, Mr. Rountree, I -- I'm not going to recommend the Mayor to sign
this until it is put into it. But in the same token we -- he's under the belief that he has
signed -- that he's done with this, but, actually, Bill, this is strictly a -- this is a latecomers
agreement, isn't it?
Nary: Yes.
Bird: So, this just says how we are going to pay him back.
Nary: Yes.
Bird: It doesn't have nothing to do with time? I'm getting wishy washy right now, so I'm
just asking some questions.
Nary: The -- Madam Mayor, Members of the Council, Council Member Bird, there isn't a
-- there isn't a condition that the work needs to be completed by June of '09 and by
reading these minutes I would say -- since it doesn't say June 1st, that's probably June
30th would be the -- would be reasonable, so -- but there isn't that condition in there.
So, Mr. Jewett may have signed a signature page -- he signed one that we -- that was in
front of you tonight that doesn't have that condition. I don't know if that's a deal breaker
or not. I'm assuming it's not. I mean he wants to get paid. He's wanting assurance in
the a-mails that we are going to pay him when he completes it and the deadline that's
being discussed is June of '09. So, we can certainly add that, but it wouldn't make -- I
mean if that's your direction I would suggest you make that motion, we would change
the document, and submit that to Mr. Jewett for his signature and if he agrees to that,
then, the Mayor could sign it and we don't have to bring it back next Tuesday.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: And, Bill, that's what I -- he has agreed to the June 9th date. His biggest concem
is this and our concem is this reimbursement needs to have that June '09 date in it. So,
actually, I don't think -- I don't think it's a deal breaker, do you, Clint?
Dolsby: Madam Mayor, Council Member, I don't either.
Nary: Yeah. I think if you went out with a motion that -- that the condition is is that the
agreement itself, with the additional condition that the work must be completed by June
30th of 2009 for it to be effective, we could add that -- we could add that condition if Mr.
Jewett will agree to that, the Mayor can sign it, and we can have this done tomorrow.
Bird: That would be my preference.
Meridian City Council
March 3, 2009
Page 35 of 38
Nary: And, then, we don't have to bring it back next week.
De Weerd: Mr. Watts, did you have a comment?
Watts: I was just going to comment that this is the third version, I believe, of this
agreement that we have gone back and forth on. I do believe that Mr. Jewett came in
and sat down with -- I believe it was Bruce Freckleton and Scott Steckline to renegotiate
this as -- in the version that it was tonight. And I couldn't tell you if it was -- I wish that
Scott would have been here tonight to answer these questions for you.
Rountree: And none of those individuals sit in mediation meetings with that gentleman
and end up having to pay him more money. And I'm not going to do it again.
Bird: Yeah. You're right.
De Weerd: I think our staff has spent considerable time with Mr. Jewett.
Rountree: I know they have, but generally to his benefit. Madam Mayor, I have a
question in the a-mail you provided us there is an amount mentioned of $172,766.55. In
this agreement here we have an amount of 120,856.23. What's the difference? Is there
an expectation on individuals part if there is going to be another -- between 40 and 50
thousand dollars on the line there?
Watts: I'm not aware of that scope. I know the scope of work that was told today that
the scope of work was downsized and the only difference that I was noted that there
were -- let me see. There was two items that were put down as a hundred percent
reimbursement, which were fire hydrants that the city would -- in the scope of work or
the spreadsheet that is labeled construction cost accounting. As far as I can tell this
was just presented by Mr. Jewett.
De Weerd: And this a-mail was written before the third agreement was renegotiated, so
that price might have changed to what is in front of you today is what my guess is.
Dolsby: Yeah. That's correct, Madam Mayor. The original bid was about 175,000 and,
then, it's been reduced to 138 since then.
Watts: That's the city's portion.
Rountree: That's the city's portion.
Watts: What was the new as of the second go around was the design engineer fee and
the south concept or asked to be added in. The first version that we had had only
construction cost and, then, left an administration fee that the city was charging Mr.
Jewett.
De Weerd: Okay. Mr. Nary.
Meridian City Council
March 3, 2009
Page 36 of 38
Nary: Madam Mayor, Members of the Council, I think it -- again, as far as I knew as of
5:00 o'clock today this 128,856.23 was agreed to by Mr. Jewett and Mr. Brown for this
project. So, although there is language in here and this a-mail for Mr. Jewett saying I'm
not going to agree to this amount unless ACHD is going to follow through, that's not in
here. So, if you would like, again, we can add the completion date for the remainder,
because this does require the city to pay 100,000 dollars of that fee within 30 days. So,
the remainder of the fee is not going to be paid unless it's completed by June 30th.
What is your desire after June 30th? That we not pay it at all or we pay a reduced
amount?
Rountree: My desire is that we don't pay it at all.
Bird: Second it.
De Weerd: I guess we had an original agreement and I don't think we can do less than
what that original agreement was without getting into a legal issue. Unless that amount,
too, was tied to the road and, then, it would be nothing. I would ask not to -- to go there
until we know legally what the answer is. Right, Mr. Nary?
Nary: Madam Mayor, Members of the Council, what I would suggest is that if the
Council would like, that you can make a motion to approve an agreement to be signed
by the Mayor after Mr. Jewett, not to exceed the 128,856.23, that we would insert
language that would require that the project be completed by June 30th, 2009, that the
remaining portion of the city's amount to be paid would not be paid after June 30th,
2009, unless the developer were to be able to bring back in front of you evidence as to
what caused the delay and what is a reasonable time to cure. So, if it is something
inside of his control, material, workmanship, some -- something I can't think of today, he
can come back and ask you -- explain the delay, you have the ability to grant him the
ability to cure and, then, receive payment. And, then, I think we are fine. Then, I think if
it's delayed he's going to have to explain that to you and he's got six months to figure
that out or four months to figure that out.
Rountree: I'm okay with that.
De Weerd: Okay. Is that an okay to craft the motion that captures that?
Rountree: Sure. Madam Mayor, I move that we approve and authorize the Mayor to
sign the cooperative construction and reimbursement agreement with JLJ Enterprises
with the stipulation as just read by the city attorney, incorporated in the document as it
relates to completion date and any action that JLJ may have if they cannot meet that
completion date, which would be June of 2009 as previously agreed to by the same firm
as it relates to waiver of fees and in their a-mail of February 26th, I believe.
Bird: Second.
Meridian City Council
March 3, 2009
Page 37 of 38
De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. We are at the end of our agenda.
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Madam Mayor, Members of the Council, one last thing. Avery good friend of
mine, Angie Behr passed away the other day. She was a city employee for about 15
years and her last position with the city was the city treasurer. She retired from the city
back in right before we moved into -- right after we moved into the old City Hall and she
lived a long life, but she passed away the other day, I just wanted to make note of that.
Rountree: Thank you, Bill.
De Weerd: Okay. Thank you. I think it's appropriate, with her service to the city, that
we send --
Nary: We were planning to do that.
De Weerd: --our condolences.
Rountree: Very good.
De Weerd: Okay. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Move we adjourn.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
March 3, 2009
Page 38 of 38
MEETING ADJOURNED AT 8:41 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR T Y De WEERD
ATTEST:
®~ /_~/~
DATE APPROVED
JAYCEE