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HomeMy WebLinkAbout2009 03-09 Joint Ada CountyMeridian City Council Special Joint Meeting March 9, 2009 The Meridian City Council special joint meeting was called to order at 9:30 A.M. on Monday, March 9, 2009 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird and Brad Hoaglun. Members Absent: David Zaremba and Charlie Rountree. Staff Present: Bill Nary, Jaycee Holman, Andrea Pogue, Anna Canning, Joe Silva, Pete Friedman, Tom Bany, Robert Simison, Emily Kane. Ada County Commissioners: Fred Tilman, Sharon Ullman, Rick Yzaquirre. Item 1. Roll-call Attendance: Roll call. O David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well welcome to the City of Meridian's new facility and we hope to see you take advantage of this and I know we have been in discussions with Dee on utilizing it for a town hall meeting and hope we can help get the word out so it is successful and we see you more often. Just for the record, we do have a quorum of our County Commissioners. All three are present and we don't have a quorum with our City Council Members. Councilman Bird and Councilman Hoaglun are present. Councilman Zaremba and Rountree are absent. Welcome and we launch into the agenda. Item 2. Coordinating Capital Plans for Fire/EMS: De Weerd: Unfortunately our Chief had asked to put this on and he is at the Legislature this morning. They called a meeting, but we do have Deputy Chief Joe Silva with us today and I don't know, Joe, if you can give a brief overview? I will kind of kick it off and then maybe you can finish where I left off. We had Troy Hagin in in December and he gave an update on what is going on and Council had and I believe I sent you the minutes to the meeting sometime ago, but we did want you know what was discussed at that meeting and some of the items that the Council had brought up and questions for Troy and our desire to show a cooperative and collaborative partnership with EMS and to start some discussions on how we can start firming up and improving our relationships through better communication and see how we can also coordinate better our plans for our capital improvement plans and really start leveraging our taxpayer dollars. So with that, I will tum it over to Joe. Silva: I didn't have a chance or an opportunity to discuss (inaudible) that, so with that behind us I just kind of wanted to let you know. One of the challenges associated with delivering public safety services during in this case, what I would perceive as being extended power outages. We don't have the ability to get fuel. We have currently used the standard oil carts because there are standard oil stations throughout our jurisdiction, so currently that. is how we fuel our vehicles. One of the challenges associated with that is they have no backup power, so in an extended power outage like we had back in, I think, 1995 or 1996, our vehicles whether they are police vehicles, fire vehicles, ambulance or sheriffs vehicles may be faced with some challenges associated with getting fuel. I think that the reason why this was put on the agenda is to see whether or not we could explore some partnership possibilities along these lines and whether or not we could issue cards to be specific to an inventory number that we would know the fuel is going into what vehicle and a tracking system similar to what we do with our current card system. I think that may have been what the Chiefs intent was with respect to this discussion on this item. The key thing being back up power and more than one option to fuel and opens up another option to us for fueling purposes. De Weerd: I also understand in addition to that that the information that we got back from Troy did not take into consideration how we can utilize our paramedics when a new ambulance station is built. I think that was probably the most over arching discussion item that we had when Troy was here and how we can start utilizing that and maybe even allowing a one person ambulance so that our paramedic is a second on in command and kind of defining some of those procedures of when they arrive, how things can be better organized. So there is less redundancy of process. So, I don't know, Council, if you had other items to bring up? Bird: I just had the email that we got from Deputy Chief Mark Niemeyer and that was basically what it was Commissioners was is there a way that we could cut costs for both of us by using our paramedics and having the ambulance running with the EMT in our location because the paramedics have their same training regardless of whether it is county or city or whatever. (Inaudible) with Boise too, I think they have paramedics on every station don't they? De Weerd: Not everyone. Bird: Not now? We do. We have one on every shift at every station. That was basically what it was. I will be glad to give you a copy of this if you want? Tilman: Sure. I guess I will start on the fuel, refemng to the fact that we are trying to potentially create a fuel station - Silva: A fuel depot - Tilman: -- right, where you folks would utilize it with police and basically all of the Meridian vehicles I guess. We are moving a head with that. We have got delayed a little bit. We had to go back on the first design. We didn't like it. It was not meeting our needs and so we had to go back, select a different engineer. We have done that and we are expected to have that redesign plan to us very soon and at that point we would love to sit down particularly with the fire folks to make sure that it meets your needs. But, the backup power part of it is not something that we had thought about, at least to my knowledge. But, we will definitely check on that and make sure that - it may be an issue in our whole site over there because we have got an EMS station as well, our Weed and Pest where we do have a lot of chemical storage too, so the back up power situation may be something that we need to look at in our whole campus to make sure we have some kind of a way of making sure that that fuel station is operational. I don't think it would be that big of deal to draw that much, but as far as the card procedure that you are talking about, I believe it is exactly what we use. It should be very, very similar. It is my understanding that the software that they use shouldn't be that big of a deal where you could -you may have a different card than what you use at a Chevron Station, but hopefully they can figure out that there are two different cards there. Silva: The way I would envision that that would work out, Mr. Tilman, is that probably only one of the stations typically would use that because we wouldn't want to bring units out of there respective districts to fuel under routine conditions, but I think it is really important to consider emergency power even though it may not be part of that plan as this process moves forward, it is really something that I would highly recommend that we give serious consideration to the county if they can afford to that. Tilman: But, I don't see that that is something - we will go back and talk to them and make sure we have that issue taken under consideration when we actually go up. Because they do have the money budgeted to build and we do want it built this year for sure. But, like I said we got delayed a little bit because the first design on it was a little bit over the top. I will just leave it at that. So, that seems like it is an easy fix for us. How many of your vehicles want to use it that is up to you. That is your operation. We would just simply make it available to whatever will help you. That is kind of the way we looked at that. But, the back up power is an issue that we will definitely take a look at. As you pointed out if the power situation is such that even a lot of the other fuel stations aren't even available, at least this one would be. So, you would then operationally maybe have to take your vehicles over there to fuel. Silva: That is correct. We have made arrangements. United Oil has offered to deliver fuel to us, but what I envision is that business being what it is that they will take it to their regular customers, where we are an emergency service, but not one of their regular customers, they may be more apt to take care of their regular customers first on a priority basis on an extended power outage, but we do have arrangements for that. If something were to happen today, there is a much longer time delay getting the driver, say for example on the weekend, back to the yard and picking up a vehicle and getting back to our respective spots. Tilman: Of course all of your vehicles do run on compressed natural gas, don't they? Silva: Uh, not yet sir. Tilman: Just checking. As far as the EMS side of it, we would be happy to sit down and work with you or whatever, but we have got certain requirements that we have got to meet and one of the concerns, too, is you have got different medical directors. Rather or not you want to adhere to our medical directors or if you have got somebody that you want to set your own medication direction that is one of the issues that have to be resolved and coordinated. But, we already run the EMT's on some of the wagons with a paramedic just so you have got two people there. As far as, I think, the capital side of it too we are in the process of trying to get a couple more stations. One at Star, which we just let the bid on that, which should help Ithink -right now a lot of that is being served either out of Boise or from that Glenwood even and or what is available in Eagle, there is a box there. De Weerd: And off of Ten Mile. Tilman: Well, and sometimes it might come out of the Ten Mile station, it just depends on what is available. So that should help to some degree and make some of those available to come the other direction, I think. So, we do have also plans to look at some other locations and I can't tell you exactly where because we haven't purchased the property yet, but to shore up that Ten Mile area with the anticipation that sooner or later the Ten Mile Exchange will be built and that will certainly give us an opportunity to go south. So we are looking at trying to make sure that we have enough stations in the right locations, just like you guys do with your fire. Your response time is different than ours and so sometimes they don't necessarily match up the same. De Weerd: You know the Ten Mile is going out to bid next month. The bonds were sold and they are taking the overpass out. That is one of the discussions that they have with Council and we would buy an additional year off the timeline of that project and save considerable dollars. So, we said do it. So, they will not have that north south access on Ten Mile, just the south side. Tilman: Yeah. Let's hope that they get some of the others finished before they do that, so at least you can go down the road one way - De Weerd: -- and that was a criterion. They have to have those and I think they were going to put in temporary signalization as well. Sharon did you have --? Ullman: Yeah, a couple of comments. As far as the coordinating of the fuel during power outages, we might want to get Ada, City, County Emergency management involved because it won't be an issue just for you and just for us, but for everybody else out there. So, we need to identify those facilities within the county that can be accessible during power outage. I am certainly willing to help coordinate that. Commissioner Tilman talked about different medical directors. I would like to see consistent -you know if we could get everybody on the county on board with either one medical director or at least standard operating procedures that are accepted county wide -you know we have different - we have Kuna doing their own thing. Boise is talking about doing their own thing. You have got paramedics. We have got EMS, with EMT's and paramedics. Everybody is kind of out there doing their own thing. If we can create some consistency so that the delivery of services are saying to the benefit of the public, I don't need to overlap. We don't need to duplicate. I am not sure what it will look like in a couple of years, but I am trying to get everybody on board, trying to get my feet wet and finding out what is going on at this point with the Fire Chiefs. I know we have got some communications issues going to the 700 megahertz - I guess fire is having trouble communicating when there is noise in the background and so there are fixes apparently that are available. But, anyway I am happy to work with you all and see where we can go with that. I think it is going to take some effort, some coordination, some time and energy and a lot of buy in from everybody to make it work. De Weerd: I did notice that the citing plan was drafted in 2005 and this is what Troy had shared with us and he wanted to update that. So, we would love to participate in that process as it relates to this part of county. Tilman: Citing plan? What do you mean by that? De Weerd: He had -- Tilman: -- where the stations are located? EMS stations? De Weerd: Uh-huh. It is the citing plan, the overlap coverage stations, the station relocations and that sort of thing. Tilman: Just so you will know, too, we finally got approval to where the Eagle Station will no longer be in the fire station. They kind of wanted their room, but it looks like we are going to be able to partner with St. Luke's and so that will be another change -shouldn't be that much of a change. De Weerd: Well, that is very positive. I like the public private partnerships. We have had a good partnership with the county at our Station No. 2. Tilman: Well, it has worked well and the ones where we have some places that - you know the population changes too which we all have to continually look at that to see where we need to place them to meet the needs. The other thing is we are very, very pleased with, I think even with Pine Street being punched through and the station we have over there on Pine and then Locust Grove going over there -that gives us a lot more flexibility too, even in the time that you are talking about with the overpass coming up, Ten Mile. At least that will give us some other options depending on where particular ambulances are located given time. This gives us that much more flexibility. It will be challenging. Bird: And to get back to what Sharon said we have had a committee going for almost three years on this task force, which I think, Fred and Rick are probably familiar with - we have gotten a little forward, but we have taken about three steps backwards too. That was what is was is to get EMS districts. Tilman: Districts? We already have a district. Bird: Well, an EMS district (inaudible) is what they were proposing. The counties were for it. I think you guys were the only ones. De Weerd: I think there was some legislation out there right now and I believe that is where Chief Anderson is right now. Bird: That isn't the one that the task force brought forward. De Weerd: Well there is a desire to get the cities and counties together and finding a compromise because there was one piece of that legislation that had some consternation to it and a potential conflict and so I think that is what they are doing this morning is working together with the other parties on that language. I don't know too much more. I do know a little, enough to be dangerous. Ullman: I would like to comment on that. I talked to Mayor Bieter about it. I know the Boise Fire Chief says that he can provide EMS services better, faster and cheaper, but has no particular plan. For us it is not about turf. It is about provision of services, whether residents of Boise, residents of Meridian or all our constituents as well and you know whoever does it we need to do it better, faster, cheaper and we need to provide the best medical service we can at the most affordable cost. So, again, this concept of all of us working together, we all need to be sitting down, listening and coordinating and getting on the same page. I don't know about my colleagues, but I am certainly not opposed to doing that. We just need to move that effort forward and somebody is going to have to come up with some sort of a plan or proposal that shows us it can be done better, faster and cheaper. I haven't seen anything at this point. There is a lot of talk, but nothing specific. De Weerd: Well, as we noted in our meeting with Director Hagun, we want to show that that can work and if we had to take a piece of our county first and work with one fire district and show how we can create that kind of collaborative model, we would love to be at the table and try and figure that out. If you would like my office to help in coordinating that meeting to start those discussions, I think Troy got a really good list from the Council in December and some of the questions on our side, we would then like to know the questions on the other side and start working towards that middle ground. When we started by adding paramedics on our fire truck is because we had one ambulance over here, one responder to EMS. If it presented an opportunity when we look at Station No. 4, as we looked at staffing that, there was a little bit of an increase in our Firefighter 1's that we could train or hire paramedics, train as firefighters and put those paramedics in each of our station with very little cost to our citizens because we were adding those personnel anyway. It was a win, win situation in particular for our citizens in looking at that enhanced level of service. So now that they are there, we want to make sure that we have a good solid partnership with our ambulance provider and we want to make sure, the Chief has said numerous times, we can figure it that we are that paramedic support to a basic ambulance driver, we will put them in that ambulance, take that fire engine out of service to do that because we already do it anyway. We have been assisting in other regards regardless so that engine is out of service, we might as well make it leverage those resources to the greatest degree. Tilman: I think to sum it up, you aren't going to find any resistance on the part of the county to sit down and try to work with anybody. There never has been. So, we would be happy to sit down and share and see what you have in mind or what the plan is and move forward. I don't think you are ever going to find us being resistant. We have some issues that we need to be cognizant of, you do too and that is what we need to make sure -like the medical directors and there are some legal issues involved that we need to walk through and make sure we do this in a thoughtful manner, but I don't think you are going to find that we are the one that is going to be the problem. De Weerd: That is great. So, we will work with Commissioner Ullman. Tilman: She is the liaison to the EMS Department. De Weerd: And we will put that meeting - Tilman: I just want you to know, she is only one vote. De Weerd: I remind our Council that often. Tilman: You remind them that there is only one vote that counts. But again, we would be happy to sit down and visit with you. We do have certain plans and we recognize that we have got some parts of the county that are our responsibilities for the whole district, for the whole county and we recognize we have had some areas that we have not been able to been able to meet service that we were happy with. The Star area is a classic example and so we stepped up and I think we have got that one resolved. So, anyway there is a lot of different things because of the growth and all the things that have been happening that we need to constantly sit down and take a look at what is the best way to provide the service and you aren't going to find any resistance on our part to do that. De Weerd: Does Eagle have paramedics on their engines? Bird: No. Yzaquirre: They call it 451. It is a suburban that responds with two people. Bird: Are they paramedics? Yzaquirre: Yeah, paramedic EMT's. Tilman: Part of the problem that we are running with some of the places where they are trying to be firemen and EMS people is if they are out on a fire, being a fireman, then you have got some other challenges there, too, which are just strictly operational, but all things are possible. But, there are some other main issues too like particularly the medical directives and things like that. We have tried to work very closely with the hospital and we think we have got everybody in that environment pretty well in tune on what that directive should be and so that is one of the big challenges to make sure that we are all - it doesn't matter who is treating them it is has got to be through the EM's physicians that is making the call on what needs to be done. That is -you know I think we all have different medical directors and they seem to be in agreement, but it seems like the rest of us can't seem to get there. De Weerd: You know in often times the only way to eat an elephant is one bite at a time and - Tilman: -- oh, pick something else; I am tired of eating elephants. De Weerd: Okay, donkeys. But I guess if we can show a model that works with meeting the county's needs and our city's needs and that can be something that we can show does work and we can look at a county wide initiative after that and I appreciate your interest in moving forward and having the dialogue and seeing what we can come up with. Thank you. Councilman Hoaglun do you have anything? Hoaglun: No, it looks good. Item 3. Kentucky Ridge/Meridian Heights: De Weerd: Okay, on this item I will ask Mr. Barry if he wants to give me an overview on where we are at. I see that we have Mr. West here to also make comment, but we though it was important to get an update and reiterate this is one reason why we don't like urban densities in county pockets that we get to inherit. Bany: Thank you Madam Mayor and Members of the Commission and Council. Tom Barry, Public Works Director for the City of Meridian. We wanted to bring this item to you today. I know we are not unfamiliar with the issues and concerns associated with the Meridian Heights and Kentucky Ridge Subdivisions and again, county subdivisions which lay in the City of Meridian's area of impact. We have -Meridian staff that is has had a long standing relationship of working with members of those two communities and also their consultant, currently Steve West of Centra Consulting who is here today and also can provide some additional information if needed. We have been dealing with a variety of pretty serious issues and concerns associated with these subdivisions and have been working diligently in trying to overcome some of the big concerns that are associated with the infrastructure in both of those communities, the wells itself, as well as the sewer systems. I believe everyone is aware that both of those systems are a concern to the Idaho Department of Environmental Quality, most notably, the sewer systems. In working diligently for many years and specifically over the last year or so, Steve and his staff and my staff have been trying to come up with solutions that make sense for the community as well as the City of Meridian and have probably moved forward, Steve, would you say at least half a dozen or more different options or alternatives for consideration, which proved unfortunately not workable? The one that we had last pursued, which I think everyone was aware of was the annexation route and the fact that those communities or at least one part of the subdivisions are not able to annex, therefore, to receive services as an annexed part of the community became problematic to the City Council. Ullman: Can I ask for a clarification? They are not able to be annexed? Bany: That is correct. The one subdivision in Heights is contiguous, in Kentucky Ridge is not contiguous. Both communities, again, 286 or so properties share a common water, sewer system and we will not be able to separate those systems out. We are treating them essentially as one giant subdivision if you will. So, the concern also associated with annexation was that the city did not want to burden our rate payers with the associated costs of the infrastructure that is not to the city's specifications. So that became also problematic to us. There had been several attempts, I think, by members and representatives of the Meridian Heights Kentucky Ridge Water Sewer Association and to essentially develop or try to get sponsorship with LID. That was something that our City Council did not want to pursue as a sponsor; most importantly because they were not members of our community and therefore, we could not sponsor them. In addition, they could not become members of our community because of the annexation issues I had just mentioned. So we had encouraged them to come see the County Commissioners since they are essentially residents of the county and to pursue the county with reference to sponsorship for the LID. We have since received a letter indicating the county's lack of desire to that and that has at least fulfilled one of their obligations, the Meridian Heights Kentucky Ridge Association's obligations to pursue all available courses of action. That seemed to be one of the ones that was remaining. So, I believe that our Mayor had sent to the Commission a letter of our concern; again, associated with the sponsorship of the LID or lack thereof on the county's part and didn't know if you wanted to have a conversation about that today or if we wanted to continue to brainstorm the issue or ideas as it relates to the two communities. So, with that, hopefully that background helps at least bring up us all on the same page as it relates to the condition and issues associated with the communities in the county. De Weerd: Mr. West do you have any additional updates? West: Just a couple of additional comments, Madam Mayor, Members of the Commission and Councilmen, I would just note that we did go through the process of developing the annexation application. The issue of the continuity with respect to Kentucky Ridge Subdivision is real, but it is not insurmountable. There has been willingness expressed in some of the adjoining property owners that would establish continuity, however, with the concern about the LID sponsorship it did not appear that annexation was going to be the preferred route. The issues that Director Bany brings up with regard to the question of the status of existing infrastructure, the collection for the sewer and the distribution system for the water. We do not think that that is as much of a problem for Kentucky Ridge. There are unknowns with regard to the Meridian Heights Subdivision and so an ongoing analysis is currently being conducted to evaluate or scope the sewer. Once that is done it will give an indication of how much needs to be done to bring it into compliance with city requirements. I can add that the Association has received approval for funding, which will allow for a hookup in the amount of roughly $200,000 from Zions Bank and that would be enough to complete the interim connection to advert the looming public health emergency with respect to wastewater disposal and we have been, I think, very fortunate and very thankful for the collaborative effort and the work with the Meridian City Public Works and Planning Departments. They have been very helpful in helping us get through this maze. We have had a number of different approaches that we have used in trying to come to resolution. I think we are narrowing in what appears to be the preferred option, but I realize we still have some discussions to have to get that resolved. That is really all I have to add. I would be happy to answer any questions. De Weerd: Pete, did you have anything that you wanted to add on the land use, annexations or any background that you would like to share as well. Friedman: Thank you Madam Mayor, Council Members and Commissioners. As both Tom and Steve indicated we did receive an application for annexation and as Tom indicated Meridian Heights is contiguous with Meridian city limits, Kentucky Ridge is not. We did approach two property owners who were essentially the lynch pins that could create the contiguity, wanting to find out what their thoughts were, what kind of comfort level they needed in terms of joining the annexation. We also indicated that we are not the sponsors of the annexation, we are simply reviewing the application and that we know that they have had numerous conversations with their neighbors. They were concerned about requirements for hooking up the sewer and some of the future land use issues. While those decisions are ultimately Council decisions, both Planning and Public Works staff told them that we would be comfortable going forward at least recommending that certain requirements for sewer hookup and associated costs would be waived until sewer was adjacent to their property and then any of the other issues in terms of future land use, we could work out through some form of development agreement. We thought at the time that they were open to the possibility of annexing or joining the annexation; subsequently we have heard that they have either no longer are comfortable or just taking a wait and see approach. So, there was one other possibility that Mr. West brought up last week when we met that may still further achieve the contiguity, but they are working on that and we need to look at what they are looking at. So, right now the annexation application is being held in advance until we get contiguity for Kentucky Ridge. De Weerd: Thank you. Questions from the Commission? Ullman: I guess I just want to clarify on the record. So if you do create a path so that you have contiguity, you are willing to annex both subdivisions? Friedman: If the path is created and we get evidence, Commissioner, that we have contiguity then we will move the application forward through the public hearing process and see what recommendation Planning and Zoning Commission makes to the City Council and what decision the Council makes is based upon all the evidence, not only the land use. Obviously we have some code compliance issues as well as the infrastructure concerns that are going to be right there in the forefront for consideration. De Weerd: I think too it was looked at one time Kentucky Ridge doesn't have quite the same issues that Meridian Heights does and so they were looking at doing maybe separate ventures, but because we didn't have an annexation path, we were looking at what options we could and I can tell you that the staff time resources has been extensive on this trying to work on the situation and trying to find an amenable solution. Again, I will go back to what Mr. Barry had mentioned. As Council has a concern that we protect the interest of our current rate payers and not put the burden of whatever these improvements would be on our existing rate payers. So, that policy in place has been what has been driving a lot of the discussion in how do they fund what is needed with the assurance that our existing rate payers would not have been the responsibility of the burden if that plan should fail. Tilman: Just for the record, I live in the area that you are talking about so I did not vote on the issue at the county, so just for the record. But, I can tell you that if one of the other options is being considered as far as an LID as opposed to an LID is to create their own sewer district, which would then as I understand give them other options. If it is a district, you have even other funding options that an LID doesn't give them. So I think that - it is my understanding at least that this group is looking at other options of how to create an opportunity to get the infrastructure improvements, get the money, has a quasi government entity as a taxing district certainly qualifies them for a lot of other options out there to try and meet their concerns, but again, you guys got to do what you guys have got to do and these homeowners are going to have to do what they have to do and step up and create an opportunity for them to get these issues resolved. That is pretty much the way that works. De Weerd: Well, and I guess the bottom line is the cost and the City of Meridian has not been wanting to force annexation and so they also wanted to show that there was support in being annexed into the city to get those services. Kentucky Ridge, I would say, has been very cooperative in trying to move in that regard. Meridian Heights on the other side has not -certainly their simple majority, I believe, is there, but not the kind of numbers that I think Council felt more comfortable with. You know we always get concerned when we hear our residents saying oh, yeah, you just want our taxes. Well, no we really don't. We don't really want their discharge quite yet either because that puts an extra burden on planned capacity that we have already annexed into the city, we have approved preliminary plats, we have committed services to them and that bottom line is by adding this number of immediate homes to serve into our capacity when we still don't have an updated NPDES or whatever permit. We are still operating on our 99 permit; haven't received an update from the EPA and it has been almost 10 years in our application. So, I think that those are the complications of something that looks like it should be simple, but it is far from that. West: Madam Mayor, if I could just add, the Meridian Heights Water and Sewer Association is moving forward with the formation of water and sewer district. I think that that does solve a number of potential concerns that the city may have had with regard to funding who is responsible and we are approaching it in and I think in working with your staff in looking at the potential of contracting for disposal of the wastewater. That solves a lot of problems or concerns in the sense that it does allow Meridian Heights Water and Sewer District to be sponsor of their own LID or other funding mechanism and so that responsibility or obligation or liability that would rest with the District as opposed to anything that might be construed as the city's responsibility. A specified term of contract for wastewater disposal would then also ensure a fine (inaudible) time, if that is the right thing to resolve the other issues. The issues of the wastewater infrastructure and to address the distribution of the water system. It also takes the nose bleed of dealing with some of the potential code violations off the table for the time being to allow time to determine what is the best way to deal with those kinds of things. The important thing, I think to keep in mind is that they really are dealing with a - it is not a gee would you like to do that sort of thing, it is a public health emergency by definition and the Department of Environment Quality has been quite adamant that there needs to be resolution. There are no other options. There is a no option in terms of trucking the wastewater. That bill would probably jump rates from their current $50 a month to well over $400 a month per household. There is no way to for many of the households for many of the households, particularly Meridian Heights to absorb that kind of cost. There is absolutely no way that the Department is going to approve a pilot or satellite wastewater treatment plant because reasonable access to the City of Meridian's sewer system, so their ability to approve a wastewater treatment plant, assuming you could demonstrate that land application would not impact the aquifer, it is really not viable. The other thing that I would just note that of the 280 some homes in the two subdivisions, roughly 73 or 74 percent of them signed affidavits of consent in support of annexation. So it does go beyond the simple majority. There are those that did not respond with an afFdavit and some, a few, a very small number who were violently opposed to annexation. However, in the sense that whether they are in support of annexation or against it, I am quite sure they still want to be able to flush toilets and take a shower and so that will probably ultimately be a driver. My hope is that we can find a way to develop an appropriate contracting mechanism that will further ensure that the city suffers no harm and enjoys the revenue of receiving that waste for some period of time to allow these other issues to be resolved and it is not something that is unheard or of hasn't been done before in other areas and I think that we will be able to show where instances of water and sewer had contracted to other entities for other disposal of the wastewater, then by and large a win, win situation for both the receiving entity and also the generators. That is probably what I am hoping to present to you tomorrow night and I would be happy to answer any questions in this setting as well. De Weerd: Thank you, Steve, and I do want to make it clear. We do have the capacity at our sewer treatment plant. Unfortunately because of our expired permit, whether we have the capacity or not, it is immaterial and it is our high flow times, I think, late August and September is when those flows are of most concern because we are still operating under a 1999 permit. So, it we continue the pursuit of how we can work together in being a part of the solution and certainly would like to let the Commission in nowhere are we trying to be the obstacle. We do have existing rate payers that we have to look out for their best interests, while balancing that desire to be part of the solution in a crisis for these residents are just on our fringe. We will continue to work towards that end and keep you abreast as to what is going on. Barry: Madam Mayor, if I may make one or two other remarks. Our City Council in moving forward with the concept of contracting is going to have to become comfortable that this could be potentially a very long contract period and that is primarily associated with the legitimacy of the formation of an LID after the development of the water and sewer district. Many of us know that the development of an LID is cumbersome, long and sometimes painful and if those who are required to participate in the LID choose not to or dispute over long periods of time, the assessments on the LID, you could see a great period of time pass before any LID monies were available for improvements to the infrastructure. Not knowing those time periods, but knowing full well the time associated with moving through those obstacles would need to be made aware certainly to our Council as relates to any engagement through a contract mechanism with the Water Sewer District, since that contract period again could be very lengthy and it is quite conceivable that some of the improvements may not get constructed at all if the LID goes a very different direction than we all may hope it goes. Secondarily, our Council will have to address at some level the impact of these communities on our system since the annexation is not moving forward with, the ability for the utilities to collect hookup fees is potentially not there and those hookup fees are designed to capture the impact each property has on the capacity and the infrastructure that those properties utilize and so a surcharge may need to be considered by our City Council in a contracting mechanism as a means to recapture some of the investment that our rate payers have made, but that the two communities in the county will be benefiting from. So those are just two other issues that I wanted to bring forward and make everyone aware of. With that I will stand for any questions that you might have. Ullman: Just maybe a comment from the county's perspective. We are not in the sewer and water business and since this area is in your area of city impact and you are in the sewer and water business, it made sense to us to look to the city to help resolve these issues and obviously it is a very complicated situation. Barry: I agree. It does make a lot of sense, but again, as the Mayor has mentioned what doesn't make sense is an un-equitable distribution of impact associated with our extension of services to the two communities. De Weerd: So, stay tuned. Barry: Thank you all. De Weerd: Okay, if there is nothing further on that item, we will move to the next. I will tum this over to Anna. Item 4. Title IX Revisions: Canning: Thank you Madam Mayor, Council Members, Commissioners. Now that we have our new area of city impact amendment -- and thank you and all your staff for your help in getting that done. That was a big accomplishment. There are a number of things on my to do list from Council that I thought this might be a good opportunity to raise some Title IX amendments that we had all considered and give the Council and Commissioners an opportunity to talk about them. One of them is impact fees. You may have remembered that we tried to have the county adopt our impact fees within the area of city impact and ran into a number of issues. One, being that we needed to completely redo our impact fee ordinances and the way that we construct those. We have done that now and given the potential for the Bittercreek Subdivision, which we will be bringing sewer down that way and we will be bringing the county the potential for that and also the potential for planned communities with or without annexation. We thought that that might be a good time to initiate that impact fee collection within the county again. I wanted to thank Ted Argo and Meg Rush for including us in the planned communities' discussion and we kind of suggested some things to them during that one too. So that is a possibility. Blue Print for Good Growth. They are the consortium, right? I can't get that straight. They did move to have the cities work with the county to adopt some of that subarea planning process within our Title IX agreements and we would certainly be interested in that, although, we don't foresee any in the future; it just is good planning process and it may apply to planned communities within the area of city impact depending on how those code amendments work out as well. So, we thought that those would be good amendments to initiate. The city has been interested in having the county adopt some of our zoning standards, similar to what other cities have within the Title IX agreements and I know that will be something that Mr. Tilman will discuss here probably first off the bat here, but there are a number of those that we would be in favor of if there is a way to figure out if we could successfully do that within the Title IX agreements. Then finally I just wanted to kind of highlight some recent changes in the county code that Council Members and Mayor may not be familiar with that were beneficial to the City of Meridian, aside from the area of city impact boundary. I was hoping Mr. Gibbons would be here to clarify, but I believe that within the areas of city impact the county code has been changed such that urban services are better defined in that it would require that Meridian Public Works Department provide those urban services within the area of city impact if someone were seeking a rezone. You may or may not be able to clarify that. Then I also believe you no longer allow cluster subs within the RUT zone and you no longer allow non farm subdivisions within the RR zone. So all of those were beneficial to us. That was my short presentation and then I would answer questions or - De Weerd: Okay, any questions for Anna? Tilman: I appreciate you working with our staff Anna. We are trying to redraft the ordinances dealing with planned communities. So I think that is - I don't think our goals are necessarily conflicting, I think it is just a matter of trying to figure out how to work your way through that, but making certain too that we each have our own statutory authority that we need to make sure that is possible. I don't know that you are going to find us - it is just a process that we are going to have to work through. De Weerd: 1 know Commissioner Tilman you have mentioned that at Blue Print for Good Growth that cities really need to look at how we can make planned communities more practical in an area of impact and we agree with you on that. I do believe that Anna has been looking at a number of things in that regard as well. Canning: Well the concern we have I think at this point is trying to figure out how some of our standards get applied within the county given that statutory limits on everybody's authority and I think that is really going to be the biggest challenge is so that we make sure that when we are at that door to annex that it meets our standards. Hence, the previous discussion is what it really boils down to. So, think that that is the big issue to somehow overcome and find something that works for both governmental agencies. Tilman: Well, in all fairness in order to eliminate this situation that you just mentioned that was discussed earlier; that is one of the reasons that we eliminated the two different subdivisions in that RUT area so that it wouldn't happen again in the future. Canning: Yeah, that will help a lot. Tilman: And also in those subdivisions the density was quite different and the non farm, for instance, so if you are going to annex that density would always be a lot higher, at least an acre and that wasn't always necessarily consistent with your urban density -you know, I don't know how you deal with that -it's the same issue you have got now - if you look at your city limits and the number of enclaves that you have got, it is the same issue. How do you deal with those? I mean, that is exactly the same concerns and it is something that I don't have a good answer for you. Those are things that have been that way long before any of us ever got here, but now that the annexation has occurred around them, how do you deal with those little enclaves? Does Meridian go out and put out the fire? What do you do - we are going through and looking through different contracts for picking up waste. Is that going to be Meridian contractors? Is that going to be the incorporated contractor? De Weerd: That is a mess, you know, that we have BFI in our community serving those enclaves and because - Tilman: Well, that is the point. How do you deal with that as a land use issue? De Weerd: Exactly and I guess we continue to look like Swiss cheese in the City of Meridian because we don't like the forced annexation. Staff has began the process and Council just recently approved the annexation of a number of enclaves that are receiving services of either water or sewer. That did justify. We went out and we worked with those residents. We communicated with them. We didn't have any of them that came and were up in arms, so I credit our staff in really being good at going and working with each of these different parcels. We could get into now areas that are a lot more difficult and certainly we are not sure if we want to go there. But, then you have the trash service, you have the sheriff and police issues. Fortunately, we have a rural city fire district, so we have compatible coverage. Ullman: -- EMS district. De Weerd: -- and EMS district. So, anyway I think that they are trying to work out some of those bugs. We found that in the clusters in one of the subdivision as the urban density started to -they were contiguous; they were able to then have the higher density. The lower density was on the street and so the higher density had to travel through it and no one wants those people to drive through their subdivisions and we also had the issues that those county subs did not have sidewalks. We had kids that needed to go to the school across the street and they were walking in this county standard sub without the sidewalk, infrastructure and some of that. So, we appreciate that now those obstacles aren't going to be there and it makes adopting some of our city standards into county and trying to work out the planned community aspect because I do believe we have similar sized developments in our community and they are great. You see a big picture. You see how it connects. You see a community within a community and I believe that they belong in the city's area of impact and where we can work together on ironing out the details that might be potential pitfalls later on. We will be able to serve them because we will be adding them into our system a few at a time, instead of all at once and that certainly works a lot better as well. Ullman: I for one -Commissioner Tilman can probably relate and appreciate your caution with regard to annexation given that I live out in the southwest community and of course everybody in the community is aware of the problems of Boise City annexing out there and the hard feelings on both sides, I think. De Weerd: When we annex, we want it to make sense to all parties. Tilman: Again, I think what doesn't make sense either is to continue to provide urban services out in the area of impact without annexing and that is what created the whole issue in the southwest and - De Weerd: And that is what Council just cleaned up in our city as well. Tilman: But I do think - at least one of the things and I appreciate you looking at it, is I do believe that all cities need to take a look at their enclaves because the law does allow and it does make sense to clean up all of the service provision to take a hard look at those and try to get it resolved and as far as what you are talking about having growth that is close to the city or requested projects in subdivisions or whatever that is close enough where you can consider bringing it in the city is one thing; but where you have got other major property owners that are looking to do major types of projects, I think that is where we need to have a good well defined process for -you know we try to condition things even saying things like when we did approve some of those projects, even smaller the non farm or whatever, when city services were available they were required to hookup. Now we are finding out we had no authority to tell them to do that. So it doesn't make a lot of sense to try to build everything to a standard that met at the time we thought was a standard that was -for fire service, you need to have a hydrant, you need to have all of the different things. But again, once the city gets there if they are not going to annex, it doesn't make a lot of sense either. So those are all issues that you know in trying to protect private property rights and letting people use their property for their highest, best use without creating hardships for people that buy those homes even down the road. Believe me, we recognize that some of the things and the planning things that have been going on for years, weren't necessarily in the long run the best decisions and that is why we made a lot of those major changes, but I think we are going to find too that we have a time struggling too with, if you will and I have stated many times, if we could get everybody to agree on some planning boundaries and stick to it then it makes sense for us to start adopting plans that are long term, long enough that make sense, but then if somebody else comes in an annexes it, they have a whole different vision for their city and we built it or designed it in such a way that it doesn't meet their standards, those are the kinds of things that we wrestle with between other competing city interests, I guess. So that is what we struggle with. I wish the heck, frankly, that you guys would get a planning area and just annex the whole thing and it will be done with. Canning: I am hoping that we have such boundaries, Mr. Tilman. Tilman: You could do whatever you want to do with it - De Weerd: Well let's just do that. Tilman: So I understand the hesitancy and the concerns, but the annexation part of that is an intricate part of it and unfortunately, the area of impact legislation law doesn't necessarily match up to the annexation law. There is a lot of conflicts between the two. Hopefully someday they will figure that out and get it resolved. The problem is the cities and the counties have been fighting over that forever. I don't know that it will ever get resolved. I don't think you are going to find us any - you know we are going to try to work with you wherever we can. The idea of even planned communities, where they really came from is that they were outside of anybody's planning area, outside of anybody's -really designed to be anew city. Somebody had the vision to create a new city and that is what the law even says. Now that we as a county have grown to the point where some of those distances now might not even be applicable because you have got to be so far from the city to even be a new city, so some of those things now are starting to come into play, too, depending on where your city limits are. We will be happy to work with you. Canning: I have to mention one thing that when we had that meeting with Ted and Meg, there were five or six planners there and it turned out we were all former county employees. I thought that that was rather amusing. Tilman: It is interesting that we are having some of those that were at county and now at the city and now looking to come back to the county. Friedman: Well, not at this point and time. Tilman: No, I am saying they are looking because we are all having our challenges in that whole arena. It is interesting, though, how some things go full circle. De Weerd: Anything else on this item. We have a few more minutes. Is there anything under item 5, other? Tilman: I don't have anything. Yzaquirre: I don't. De Weerd: Commissioner Ullman? Ullman: Nope. Tilman: I appreciate the meeting. Bird: We appreciate you coming. Yzaquirre: We need to continue to meet. I know some times these agencies forget about getting everybody together, but I think it is very valuable. De Weerd: Thank you, we do too. Tilman: We can be available anytime you got something you want to talk about. All we have to do is schedule it. That is the tough part. Ullman: I really look forward to working with you on the whole emergency services' issue. De Weerd: Well, thank you so much. With that we will adjourn. Item 5: Other: MEETING ADJOURNED AT 10:44 A.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: ~~ TAMMY DEW ERD, MAYOR ATTESTED: JAYCE _03 ~ a~ ~ aoo~ DATE APPROVED yc.., . HOLMAN, C~fY LEF~'i,A,L _ ~~ d ? ' r 9 ~T 1ST '~ a~`~'°`, e !/lhriin ~r~1~~