HomeMy WebLinkAbout2009 12-15Meridian City Council Workshop Meeting December 15, 2009
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
December 15, 2009, by President Charlie Rountree.
Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird,
Brad Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Anna Canning, Sonya Wafters,
Tom Barry, Jeff Lavey, Ron Anderson, Caleb Hood, Steve Siddoway, Pete Friedman,
Lucas Cavener, Robert Simison, 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
Rountree: Good evening. I will open this evening's workshop, Tuesday, December
15th, at 6:01. We will start the meeting with roll call attendance. City Clerk.
Item 2: Pledge of Allegiance
Rountree: Next item, if you'd all join us in the Pledge of Allegiance.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by David Schneider.
Rountree: This evening we have the community invocation by David Schneider. Is
David here? There he is. Welcome.
Schneider: Thank you.
De Weerd: It's been awhile.
Schneider: It's been awhile. How are you?
De Weerd: Very good.
Schneider: Let's pray. Father, bless you for your goodness to us. Lord, you continue
to show us favor in this city and we thank you for it. Let us pray that, Lord, in these
times when we are finding that nothing, Lord, is stable with the exception of you, that
you would cause everyone here tonight to look up to you and trust in your goodness to
us. I pray your continued protection over the City of Meridian and continued wisdom
Meridian City Council
December 15, 2009
Page 2 of 85
and guidance for the people, the Mayor, the City Council, and all who lead, your
protection for the police, your protection for the fire department and all of the services,
Lord, that are provided for the blessing of these people. I bless you, Lord, for your
continued faithfulness to us, in the name of your son Jesus, amen.
Item 4: Adoption of the Agenda.
Rountree: Thank you. Next item is the adoption of the agenda.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: On the agenda we'd like to add an item under seven, the Department
Reports, A, Mayor's Department, I'd like to add an Item 3, which will be a report from the
Department of Environmental Quality. I think I saw him here. Don't see him right now.
There he is. Okay. And under Item 8-B, Items 8-B-1 and 2 have been requested to
continue to March 7, 2010. Item 10-A, the ordinance number is 09-1436. Item 11 for
the Executive Session that we already had planned, we need to add a couple of items.
The agenda says Idaho State Code 67-2345(1)(f), we need to add (1)(a) and (1)(b) for
other items of discussion. And with those changes I move we adopt the agenda.
Hoaglun: Second.
Rountree: It's been moved and seconded to adopt the agenda. All those in favor?
Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve New Beer and Wine License for Walgreen Co.
1. Walgreens #06200 located at 1570 East Fairview Avenue
2. Walgreens #10197 located at 3150 West Cherry Lane
3. Walgreens #10604 located at 1625 South Meridian Road
4. Walgreens #11452 located at 3263 North Eagle Road
5. Walgreens #11687 located at 4850 North Linder Road
B. Independent Contractor Services Agreement with Pipeline
Inspection Services for the FY2010 Manhole Retrofits Project
for aNot-to-Exceed Amount of $150,000.00
Meridian City Council
December 15, 2009
Page 3 of 85
C. Cooperative Agreement Between Valley Regional Transit and
City of Meridian
D. Contract For Purchase Of Records In Bulk -Commercial
Vehicle Registration Records and a Contract For Purchase Of
Records In Bulk -Motor Vehicle Title Records
E. Task Order #10145 with Civil Survey Consultants, Inc. in
Accordance with Master Agreement Dated on November 14,
2006, for Engineering Consulting Services in Conjunction with
the EagleNictory Road Intersection Utility Improvements
Project for aNot-to-Exceed Amount of $11,905.00.
Rountree: Next item is the Consent Agenda.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: I move we approve the Consent Agenda as published and authorize the
Mayor to sign and the Clerk to attest.
Hoaglun: Second.
Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call
vote, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 6: Community Items and Presentations
A. Presentation of Citizen Hero Appreciation Certificates by:
Mayor de Weerd and Chief Anderson
Rountree: Item 6, Community Items and Presentations. 6-A, presentation of citizen's
hero appreciation certificates. Chief Anderson. And the Mayor.
Anderson: And Chief Lavey and Steve and the Mayor. Madam Mayor, Council, it's my
distinct pleasure tonight -- we would like to recognize some citizens for going above and
beyond and I'd like to tell you a little bit of background of an incident here for the folks
that we are recognizing tonight. So, the Meridian Fire Department would like to
recognize four citizens and a Meridian police officer whose quick thinking and shift
actions prevented a fire involving a concession stand and a bum victim from being out
Meridian City Council
December 15, 2009
Page 4 of 85
of control. On Saturday, December 5th, 2009, a fire occurred involving a generator unit
located on the roof of a funnel cake concession stand at the Meridian Christmas Tree
Fair. At about 12:00 hours the generator, which was located on top of the concession
stand, started to sputter. Mr. Loverdy, thinking that the generator was running low on
fuel, got a step ladder out and climbed to the roof with a five gallon gas can to top the
generator off. In his attempt to refill the generator, the gasoline ignited, a fire caused
burns to the left side of his body, caught his clothing on fire and burned his face. When
his clothes caught fire, Mr. Loverdy covered his nose and mouth with both hands and as
he backed away from the fire he fell to the ground, knocking the handle of the floor jack
up against the exit door of the trailer trapping an occupant inside. Citizens Tim Day,
Bob Athay, Doug Mason, and Erika Dennis quickly rushed to Mr. Loverdy's aid and
extinguished the flames on his body with their coats, gloves, and bare hands. Meridian
Police Corporal Branden Fiscus notice the commotion down the street from where he
was assigned for traffic control during the Christmas parade. He grabbed the fire
extinguisher from the trunk of his vehicle and proceeded to the concession stand where
he climbed the ladder and extinguished the fire on the roof. Without the quick action of
bystanders and Officer Fiscus, the situation could have been much worse. On behalf
of the Meridian Fire Department and the City of Meridian, we proudly present
certificates of appreciation for a job well done to Tim Day, Bob Athay, Doug Mason,
Erika Dennis and Corporal Branden Fiscus for their quick thinking and decisive actions
in preventing a disaster on this day, December 5th, 2009. So, if we could have those
folks, please, come up.
De Weerd: I do have some certificates I would like to offer you and just tell you what a
pleasure it is for all of us to serve the citizens of this community and we know that equal
in what we give to the citizens and what they give back to us. It's your quick thinking
and kind of throwing caution to the wind and running to the aid of a fellow human being
are those things that make our job such a pleasure to serve and -- now, see, you're
going to get me emotional. I was doing really good. I kept saying, you know, the
Council tolerates me all the time, because I am just a very emotional person, but it truly
is such an honor to be here to recognize you for your care and compassion to come to
the aid of someone else and certainly epitomizing the spirit of Christmas and the hope
that we feel that others should be aware of on the compassion that others have. So,
thank you so much for sharing your evening with us here tonight and allowing us to
recognize you as unsung heroes, because truly your sacrifice was -- was one that you
didn't think of yourself first, you thought of another and came to his aid. So, thank you
so much and let me read you what we have here. This is a certificate of appreciation
and in recognition of your quick actions in extinguishing a potentially dangerous fire on
the 5th day of December 2009 and certainly it's much more than that, but we give this
with our heartfelt thanks. And this is for Erika. And Tim. Oh, good, and a hug. And
Doug. And you must be Bob. Corporal, thank you.
Fiscus: You get a hug from me.
Lavey: I just want to say a couple of words. I'll keep it short. I found out about this
incident on the night of the Christmas tree lighting by a citizen that came up and
Meridian City Council
December 15, 2009
Page 5 of 85
reported to me what happened and it kind of made me feel really good on a couple of
accounts. One is because one of my employees were involved and, two, is some
citizens were involved. So, all I'd like to say is it's no wonder Meridian is such a great
place with the citizens that we have and the police department that we have, thank you
to our citizens.
Siddoway: I'm Steve Siddoway, I'm the director of Parks and Recreation. We were
putting on the event and Colin Moss, who was in charge of the event is here and we
were both on site at the other end of the street when it happened and we were quickly
on scene and were there when Officer Fiscus put it out. So, I thank you and thank all of
you as citizens who -- who stepped up and helped in a very quick and urgent moment of
need. With that I know that Mr. Loverdy is here in the audience and if it's appropriate I'd
like to invite Mr. Loverdy up to thank them as well.
Loverdy: Well, Iwill -- I don't think I have words to thank these people for what they
have done for me. Without you guys I wouldn't be me. If -- my daughter there has
started crying and I'm going to get emotional. You know, the bums were only second
degree. It could have been third and it could have been a lot worse. One little detail
that was mentioned that's kind of a little bit wrong, I was not trying to put gas in the
generator. I left the fuel tank -- the gas tank on the side, I just noticed the tank was filled
up and I think it was by the heat generated by the generator itself. So, I noticed that
was kind of trying to remove the lid very slowly when it popped and the fuel just jumped
all over my face and I got a chance to tum around and the fuel landed on the generator
and generator shut off by itself. The generator caught on fire, because the exhaust was
hot and the engine itself was hot and that's when it -- I caught on fire. So, I somehow
went down and, then, all these nice people that came and helped, Tim -- I was trying to
go back into the trailer after they put the fire out to shut the fire on the generator,
because the flame was -- and he tried to push me back and push me and I say don't
push me. I got to shut that fire off. So, finally, I agreed and, then, they took me back to
the restaurant and also the people in the restaurant was very nice and helped me with --
put some wet towels and before I went to the restaurant I looked up and I noticed the
corporal was up there with a fire extinguisher and I was told he used the whole
extinguisher to try and get it out. I haven't been up there yet to look and see what the
damage is, but I know that generator is out of service. Next time I'm going to get one --
a quiet one and it's going to be on the ground, so if I catch on fire I will already be on the
ground. Thank you.
Anderson: Well, Mr. Loverdy, we are glad you're still with us and you're doing so well
and we wish you -- everybody here a Merry Christmas and good health through the
year. Thank you.
De Weerd: Thank you for being here.
B. Presentation on Master Street Map and Transportation and
Land Use Integration Plan (TLIP) Coordination with the Ada
County Highway District (ACRD) Update; discuss draft Master
Meridian City Council
December 15, 2009
Page 6 of 85
Street Map and implementation strategy by: Caleb Hood (City
of Meridian) and Justin Lucas (ACRD)
Rountree: Next item on the agenda is the presentation of the Master Street Map and
Transportation Land Use Integration Plan. Caleb or Justin.
Hood: Thank you, Mr. President, Madam Mayor, Members of the Council. As you
mentioned -- or it's on the agenda, Justin Lucas from the Ada County Highway District is
here. I'm going to run through some slides in a Powerpoint. There is only six of them, I
guess, briefly, and, then, I think Justin can help answer any questions that may come up
during the presentation and, then, I have also asked him to talk about -- a little bit about
how ACRD will be using this tool and implementing that at the highway district. So, the
purpose tonight is to roll out the Master Street Map, discuss elements, and give
examples of how the Master Street Map works. We will show how the Master Street
Map works with other TLIP tools and plans and discuss how the Master Street Map will
be used and implemented at both the city and district levels. I do want to see if you
have any comments that we can forward onto ACRD on these draft documents. They
are planning to adopt these documents late January. It's on their January 27th or 29th
-- whatever that last Wednesday in January is agenda. So, what is the Master Street
Map and how will we use it? The Master Street Map is a TLIP planning tool that depicts
anticipated typologies for arterial roadways throughout Ada County. The Master Street
Map is intended to capture information about future roadway characteristics. It includes
information about where collectors and arterials are envisioned, what types of features
or complete street amenities, like parking, landscaped medians, if the city has a
pathway maybe adjacent, things like that, and what type of general land uses are also
anticipated adjacent to the arterial roadway network. This past summer we did hold a
workshop in the planning department's conference room. Council President Rountree
attended that and ACRD staff was there as well and we, basically, had a blank slate and
worked through working on designating the different typologies throughout the City of
Meridian and our area of impact. We used the future land use map as a guide to what
typologies to designate. So, an example would be if we have medium or low density
residential on an arterial, our general rule of thumb was to go with a residential arterial
classification. I'll get into a couple of examples of what that really looks like here in just
a minute. The street typologies shown on the Master Street Map reference sample
cross sections and a livable street design guide. That was presented earlier this year.
In fact, that was the last time Justin was here to present the livable Street Design Guide,
the draft cost share stuff -- I think it was in February, March, sometime. So, it's been
some time. But that's the last time it was there. And, again, I'm going to run through a
couple of examples of how these are all integrated and what that map does. Part of the
Master Street Map is also a spreadsheet or a table that describes each arterial roadway
in mile segments. The attributes of this table pops up in a GIS and, then, agency staffs
can look at that information in the cells of that spreadsheet and see detailed information
about particular segments. Some of the information in the table, again, includes like
number of planned -- number of travel lanes, right of way, if any parking is existing or
potentially proposed there and, again, any pathway needs. I did place larger versions of
this map in your mailbox. You all should have had that before the weekend, as well as
Meridian City Council
December 15, 2009
Page 7 of 85
the spreadsheet that I just mentioned, too. So, there -- it's kind of a dual purpose tool
with the exhibit of the map and, then, the ancillary or the spreadsheet that explains each
of those typologies. So, a couple of quick examples. The first one is Pine. So, what
you see on the majority of this -- of this slide is a page from the livable street design
guide. It depicts a planned commercial arterial and it's made to represent what Pine
Street coming into downtown from the west might look like in the future. I have inserted
a blow up in the almost upper left-hand comer where you can see -- it's a blow up of the
map. I know it's hard to see, but one of the segments is P13-2. It's the red segment --
it's an east-west segment there on Pine. So, then, if you go to page two of that
spreadsheet from Master Street Map, the second to the last row is that P13-2, Pine
Avenue, the segment is designated as an APC, which stands for a planned commercial
arterial. Three lanes are planned. No funding is currently set aside for this
improvement at the highway district. Parking in this section has been approved and
approximately 74 or 75 feet of right of way is needed. Now, the example from the
livable street design guide shows a five lane roadway orfour -- two lanes each direction
and a center tum lane with medians. The example of Pine in this segment only shows
three. The reason I chose this is because the livable street design guide is not a
blueprint for what each road has to look like, but, rather, it is a guide for generally the
feel and the context of a roadway as -- as a project that ACHD becomes developed. It
shows the -- the desired relationship between buildings, landscaping, the pedestrian
realm, and the travel lanes. We have taken into account the existing conditions as
these projects go into design as well and, then, just to kind of, again, show that
relationship, we would -- as ACHD gets into concept and, then, design of a capital
roadway widening project, they come to the city, they say, hey, you have got a center
median with trees in it say, do you guys want to partner with us still on doing those trees
or shall we just have it be a median that has native grasses or concrete or art or
whatever. But that's kind of -- it starts that dialogue of what maybe we do need to cost
shared for if we want, you know, extra wide sidewalks or any of those other amenities,
as they are called in some of the cost share policies. But, again, this is all -- is all
integrated and is that starting point. I wanted to go through one more quick example. I
know there is a lot on the agenda tonight, but I wanted to show a residential arterial and
I have chosen Linder as this example. So, this is Linder Road south of the interstate
between Overland and Victory. It's L17. It's -- it's that blue north-south roadway on the
inset. So, again, on page two of that same spreadsheet -- I don't know if you're
following along, but about a third of the way down that page is that segment and it's
designated as a residential arterial or the abbreviations AR. Five lanes are planned.
No funding is currently set aside for this improvement. No on-street parking. Ninety-six
or ninety-seven feet of right of way is needed and there are some comments, too, in the
far right-hand side. First, this roadway was evaluated in the south Meridian
transportation plan. Second, the city's pathway plan should be considered as design of
this roadway project takes shape at the highway district. So, it's a clue to those users,
then, both at the city and at ACHD when they look in that comments column that, hey,
this roadway has already been -- it's part of a study and there is some concept design
for what the flavor of this roadway should look like. Go see those documents. There is
a city master pathway plan, go see that, because there is a segment of our pathway that
either crosses -- runs parallel to this roadway section. So, again, it's a tool that helps us
Meridian City Council
December 15, 2009
Page 8 of 85
all get on the same page as we start to design roadways. And, again, I chose these two
examples, because probably 90 percent of the roadways in Meridian are either the
residential arterial that's on the screen or the planned commercial arterial. So, those
cover a vast majority. These are some mobility arterials, as well as our downtown --our
town center cross section and a couple of industrial roadway sections, too, but they are
far out numbered by the planned commercial and the planned residential. So, the
Master Street Map, again, is intended to help design and construct accommodations for
all likely users of the roadways, not just cars. Pedestrians, bicycles, and buildings are
also taken into account. The Master Street Map will be referenced during preapplication
meetings, project scoping meetings, staff report writing, and the like. The idea is that
the master street map will give ACHD and the city staff and officials a better starting
place for designing and constructing roadways and approving land uses both. The
Master Street Map is a living document, so these aren't set in stone. There are some
protocols that were also part of the packet for this evening that ACHD has drafted. I
don't think they quite have that in their policy form yet, but it gives a flavor for how you
use this, how you amend this document and there is procedure set in place, then, if
anyone does want to change the map, including the city. And I may let Justin talk a little
bit about that, too, that whole map amendment process. The Master Street Map is not
intended to be a regulatory document, but, rather, a planning tool that we all use to build
the arterials that we have envisioned. Next year city planning staff will be preparing an
application that incorporates some of the TLIP documents into the city's Comprehensive
Plan by reference. We will probably also have some UDC text amendments, too. We
will also be preparing a resolution supporting this Master Street Map and some of the
other TLIP documents, again, the livable street design guide. We aren't quite sure how
we are going to roll all those in, but some reference in the Comp Plan, some resolutions
supporting, and we will come back to you again with a better idea of what makes sense
for ACHD to adopt, what makes sense for the city to adopt, and what makes sense for
both of us to adopt or support each other as they start implementing or we implement.
So, again, I'll come back with a plan as part of that Comprehensive Plan update. I think
that's all that I wanted to cover for this evening. I will ask Justin maybe to come forward
as you have any questions that maybe I can try to field as he's coming forwarded, if you
have any.
Rountree: Questions for Caleb? Caleb, I have one and it's on Pine and it's segment
P12 and the spreadsheet shows Pine planned as two lanes and I believe the setbacks
and right of way and sidewalks setbacks have all been set up for at least a median. So,
that would be the third lane. And, then, I would have a question for Gary or Justin at
some point in time about when that intersection is improved with the project that's
underway right now, I assume that those legs will be improved somewhat off of Ten Mile
with the typical section on Pine that it will look like there. A couple questions in there.
Hood: Yeah. I'll look -- I'm going to look at that section you mentioned it was off of,
Council President, Madam Mayor, and Council Members. I'll look that section up and
look at that. I see where you're on the spreadsheet there and it does show two lanes.
That may be a typo. I don't know how it's shown as two. It probably -- or Justin may be
able to answer that, too. But I'm going to find it on the map --
Meridian City Council
December 15, 2009
Page 9 of 85
Rountree: I like the typo answer. Justin.
Lucas: Mr. President, Madam Mayor, Members of the City Council, thanks for having
me tonight. I'd like to start by just saying thank you to your staff for cooperating with us
on this effort. It's been a long process and as you can see there is -- a lot of what we
have done for the City of Meridian, we have done that for every community in the valley
and so there is a lot of work that's gone into this and it's a lot of new work and a new
process that we are trying to put in place and so there may be -- very well may be some
things we are still cleaning up and that's just part of that process of finding those things
and fixing them and, fortunately, as Caleb stated, this is a living document that is not
meant to denote any final decision on anything, it's a planning tool that can be modified
and changed over time as we get better information. I don't know if I -- I'm the best
person to speak directly to the question about the Ten Mile and Pine intersection. I
know that that project I believe is under design, if I -- if I'm correct. Gary might be able
to give you a little bit more input on that. I'm not on that project team and I can't give
you many details there, but if Gary has anything he'd like to offer, he's welcome to come
up and do that.
Inselman: Mr. President, I don't know exactly how far back it's going, but I know Pine is
planned for three lanes there and we would typically go back a couple hundred feet at
least to complete that leg with the intersection.
Rountree: That confirms what I was thinking and it probably is a typo. Thank you,
Gary. Thank you, Justin.
Hood: Maybe just a brief in closure. That's the only two lane arterial that's in this whole
spreadsheet, so I think it's just meant to be a three. So, we can correct it. Thank you.
Lucas: It's likely and I'll just -- I'll go back and correct that. That's something we can
certainly change.
Rountree: Anybody have any questions for Justin?
Bird: I have none.
Lucas: Thank you very much.
Rountree: Thank you. I think this is a -- it's a great planning tool and it's nice to have a
visual now, instead of colors on a map.
Item 7: Department Reports
1. Community Liaison Update by: Luke Cavener
2. Mayor's Youth Advisory Council Update by: MYAC
Meridian City Council
December 15, 2009
Page 10 of 85
Rountree: Next item on the agenda, Mayor's department, community liaison update.
Luke.
Cavener: Mr. President, Madam Mayor, Members of the Council, I have our Mayor's
Youth Advisory Council here for their report as well. I know of each of them have some
homework to get to tonight, so I'm going to let them go first and, then, I will continue with
my report when they are finished.
Rountree: If they promise to get their homework done we will let them do that.
Wilder: Hi. My name is Amanda, I am the MYAC historian this year and this is my
second year involved with MYAC and over the last month we have participated in
several events and one update from the last MYAC update was when Janelle talked
about applying for the tobacco grant for the tobacco education for teenagers. We
actually did get accepted and we did get the 1,000 tobacco grant, so that is a huge
accomplishment for our government affairs and MYAC committee and we are definitely
looking forward to using that grant for tobacco education for teenagers. Also along with
that we had a TAC movie night that was a huge success and we had it at the
community center a couple weeks ago and we had 35 to 40 people come show up and
it was just a great time and every month the TAC committee puts on a community event
like this. We also participated in rake up Meridian and this year we had a lawn that we
did and we raked up 40 bags of leaves and they were pretty big bags of leaves and we
also mowed the lady's lawn, so that was definitely a lot of fun. A little bit chilly, but we
all got to know each other a little bit better and we were able to -- be able to participate
in some community service on a level that we could go hands on. Also on December
5th was the Holiday Street Fair and we had about 15 different kids come and help with
that. I was one of those people that walked around as Rudolph in the mascot costume
for a couple hours and I will say that I will no longer take my sight for granted and it was
definitely a lot of fun. But that was something that it gets the youth council out there in
the community and we get to do fun events like that and we really do get to see the
community on a hands-on level and especially little kids and definitely doing stuff like
that is a lot of fun for us. One other update that we have is that we are planning on
doing a dinner auction this year to benefit the Meridian Food Bank and that will be on
March 25th and that's something that we are very excited about and is currently in the
works, so --
Douglas: I'm Carson Douglas. This is actually my first year in MYAC and I am the new
secretary. Last night we had our holiday party and it was really fun. We -- it was a
general meeting and so we talked about some of our upcoming events that Aubrey
mentioned and we had a good time and we had a white elephant and it was really fun.
That's all I have.
De Weerd: So, what did you get, Carson?
Meridian City Council
December 15, 2009
Page 11 of 85
Douglas: I got a hot chocolate mug. It was really good. I went home and warmed it up.
And that is all I have, I guess.
Rountree: Any questions for these folks from the youth council?
Bird: Madam Mayor -- or --
Rountree: Mr. Bird.
Bird: -- Mr. President? I don't know the gentleman, but this young lady here, you talk
about a person that is involved -- and I don't know how she manages her time. She's --
she's afantastic young lady. It seems like everything I go to she's involved and I
certainly appreciate having youth like that in our community and, Amanda, you do a job.
Wilder: Thank you.
Bird: Thank you very much.
Wilder: Thank you.
Rountree: Any other comments? Carson and Amanda, thank you for being here and
thanks for the update.
Wilder: Thank you.
Rountree: And have fun studying. Okay. Luke.
Cavener: They are hard acts to follow. I swear they do so much and I agree with
Councilman Bird, that, boy, Amanda is -- Councilman Hoaglun and I were joking
beforehand -- I think that she must have some dirt on Frank, because her picture shows
up in the paper it seems just about every week. Anyway, Merry Christmas. Good
evening. It's time for my monthly report. As always I have got a supplemental
document that kind of provides more in detail some of the stuff I will be speaking on
tonight. So, one of the things that I wanted to talk about is something that I touched on
last month and that was on our business registry. When I was in front of you last month
we were just getting ready to launch it. Since then we have had 150 Meridian
businesses join our registry. bizreach.com, who is the company that's hosting this
registry, has been really pleased with the -- the input and the participation from Meridian
businesses. So pleased, in fact, that they are spending some of their money to create a
radio ad that they will use to promote the Meridian city website, as well as the Meridian
business registry as a way to bring more business to the registry and to bring -- drive
more traffic to our website. So, that's been something that I have been really pleased
with and in speaking to our business community about it, they are really pleased with
having the opportunity to showcase their business for free in this kind of changing
economy, anyway to market and showcase without spending any ad dollars is always a
benefit. So, we have been really, really pleased with that. Speaking of businesses, we
Meridian Ciry Council
December 15, 2009
Page 12 of 85
had three new business ribbon cuttings this month. Stadium Sporting Goods, which is
an independent sporting goods company. Five Guys Burgers and Fries, which is a
national franchise. It's on Eagle Road. And the Home Federal opened a new branch as
the Silverstone building. What's been real fun for us to do is at the Five Guys ribbon
cutting we launched a new program and I spoke on briefly last month, which is the pay it
forward program. Every time the chamber does a ribbon cutting they present a plant to
the business and the idea is that as the plant grows, so does their business. Our office
has now presented a pay it forward gift, which is a gift from the previous business's
ribbon cuttings. So, Five Guys has presented a gift to Stadium Sporting Goods,
Stadium Sporting Goods presented a gift to Home Federal and so on and so forth and
it's a way for our business community to really support each other in Meridian and it's
something that our community has been really -- has really gravitated towards and are
really excited about and each of our businesses have been very thoughtful in coming up
with something that's unique that showcases their business, but also benefits the new
business doing the ribbon cutting. In addition to the three ribbon cuttings, we have two
new businesses that opened up here actually in downtown. Zola Marie's and Vintage
Home, which was a business that moved from Nampa to Meridian. They do antique
and furniture restoration, if you're needing those last minute Christmas gifts -- I
purchased something for my girlfriend. They have great stuff there. Hopefully she won't
know about that. Another business is Priest Chocolate, which is a scratch chocolate
shop on -- that's located right next to Rick's Press Room and there is stuff in there that
is really incredible. Their specialty is the Bavarian curl. It's like a -- like a piece of like
almost butterscotch that's been dipped in chocolate. It's -- I have had a couple and I
can vouch for them. They are pretty darn good. Both of those businesses were
featured and talked about by the Mayor when she was on Wright Stuff Radio, which is
Branden Wright, the gentleman who has the monthly smoke out meeting. It's his own
radio show and the Mayor was on and did a great job talking about area businesses and
promoted those two new businesses, promoted those two new businesses in
downtown. Couple other things that's went on this past month. The community
Thanksgiving was held at Valley Shepherd. I noticed a couple of you there and this was
their best year ever. They had about 250 people from the community representing all
different faiths and churches in and around Meridian and it's something that will
continue to be an annual event celebrating the week before Thanksgiving in Meridian.
It's hosted every year at Valley Shepherd and I think it will continue to play the host.
Let's see. What else? A couple events for you guys to be aware of or I guess one that
we did have was the -- was the Coffee With The Mayor. I know some of you were
there. Again, one of our best Coffee With The Mayor on record. It's becoming an event
that instead of our office going to a location and saying, hey, would you mind having
Coffee With The Mayor there, they are calling us and they are saying we really want to
have Coffee With The Mayor at our business. I know the University of Phoenix, every
time I see them, they say we want to do Coffee With the Mayor at our new location. We
want to do Coffee With The Mayor at our new location. And the two biggest benefits
that we hear from our business community why they attend this is, one, the opportunity
to network. But, two, they love that our Mayor is here, that our department directors,
that our Councilmen are there, and that they are able to get that one-on-one time and
ask the questions and have anyone who might be the expert on that subject right there
Meridian City Council
December 15, 2009
Page 13 of 85
to answer them. So, it's become a great event that we continue to see new faces and
faces returning each time that we do it. Another event that we have got coming up is
our town hall meeting. I touched on this real briefly at the end of my report last month.
It's going to be January 13th at 6:30 p.m. at Heritage Middle School. It's a unique
approach to a town hall. We are calling it Meridian Unplugged and that we are allowing
our citizens to really drive the format of this meeting. We want them to bring their
questions about our community and their ideas and to have that open forum with our
city leaders. So, I'm really excited about it. I have been working with our area HOAs,
homeowners associations, that surround Heritage Middle School and they are excited to
have participation from each of their neighborhood associations to come and
participate. Amanda and Carson did a great job on talking about things that are going
on in youth council. One of the things that I do want to share real briefly is that they
received -- in addition to their grant, they received -- Idaho Power contacted me last
week and have been so impressed with everything that the Mayor's Youth Advisory
Council has done over the past couple of years they wished to make a cash donation to
MYAC to use for whatever program they see fit. So, they may use it towards their
government affairs subcommittee. I think the direction from the youth council is that
they are going to want to use it for their -- their dinner auction, which is benefiting the
Meridian Food Bank. An important point to bring up about the Meridian Food Bank that
has changed this past month is prior to December if the Meridian Food Bank needed
food, they were buying it from the Idaho Food Bank. That's changed now. The Idaho
Food Bank has eliminated that cost and are now the Meridian Food Bank and all other
food pantries and food banks are able to come to the Idaho Food Bank and pick up that
food without cost.- Currently each food bank is responsible for their own transportation
to come and pick that up, but the Idaho Food Bank is working diligently to find a solution
to be able to deliver food all across the state to benefit our local food banks. So, that's
something that's really exciting.
De Weerd: Mr. President?
Rountree: Madam Mayor?
De Weerd: Luke, the Council purchased a refrigerated truck for the Idaho Food Bank
and it was based on the premise that they would transport refrigerated items to the
Meridian Food Bank. Is that happening?
Cavener: It is. The response that I received from the Meridian Food Bank is that they
are trying to allocate as much resources as they have right now, because the need is so
high for food and that they have received some donations from the local agencies,
churches and whatnot, and that they have tried to use the cash that has come in to buy
additional food or to use it for just general day-to-day expenses, as opposed to using it
as fuel and maintenance on the vehicle to go to and from. Dan Clark says that he
hopes that that will change and depending on how things really play out with the Idaho
Food Bank, that may change, but their opinion is right now they want to used the funds
that they currently have to focus solely on food.
Meridian City Council
December 15, 2009
Page 14 of 85
De Weerd: That didn't answer my question.
Rountree: Madam Mayor. Bill, unless you have heard something different, the Meridian
Food Bank and the Idaho Food Bank came to an agreement and an understanding of
what was involved in that transaction. There was some confusion the first year and we
were not getting recognized and we were not getting the terms of the agreement met by
the Idaho Food Bank. They have since sat down with Meridian Food Bank and worked
out the intent of the Council and that was to have food collected in Meridian that the
Meridian Food Bank have -- have first basis, I guess, on that at no cost and I have not
heard anything different, but that has happened.
Nary: Madam Mayor, Members of the Council, Council President Rountree, that was
what my understanding was, too. We had this discussion about a year ago where
Meridian Food Bank was not getting the response from the Idaho Food Bank. I spoke
with them, they did verify -- and the Meridian Food Bank was happy with how things
were working. So, as far as I know things were working out just fine. They were getting
the food delivered as much as they could be and I don't know if anything's changed
since then, but there were a couple of years that we funded the vehicle, but I -- as far as
I know it was working the way it's supposed to.
Hoaglun: Mr. President. Just to clarify, Luke, what I heard you say, then, was the fact
that because the need was so great they are trying to reduce all extraneous costs, like
transportation, so they can just use all their funding or as much of their funding possible
for food and that's why -- so, this is just a temporary situation or --
Cavener: Mr. President and Councilman Hoaglun, correct. That this is the --they feel it
is a temporary solution. The other complaint that has come from the food bank to me
was that they would -- it would place an order for food with the Idaho Food Bank. These
are the things that we would need, peanut butter, tuna fish, et cetera. They would, then,
arrange transportation using the truck to go pick it up and that the food would
sometimes, then, be given out to other people, someone would come up with a need
and they weren't being -- their reservations weren't being met. In speaking to people
from the Idaho Food Bank, and the Meridian Food Bank and that's one of those issues
that is getting better and that they anticipate by the middle to end of this month we will --
all the kinks in it will be worked out. And it's something that I can do some more digging
and find out more information and definitely provide you all with an update before I even
get in front of you guys next month.
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: Follow up. I just wanted to see if you can find out -- this vehicle -- this
refrigerated unit truck -- truck unit was to deliver anything that they picked up that was --
needed refrigerating, was they picked it up at the Meridian locations they would give it to
the Meridian Food Bank first. So, they did the transportation and that is what our
Meridian City Council
December 15, 2009
Page 15 of 85
portion funded and I want to make sure that that is working. So, if the Idaho Food Bank
can give us, through you or come and talk to the Council, but that they report on the
success or the progress of that program.
Cavener: Mr. President, Madam Mayor, agreed. And it could potentially be that the
communication lines are being crossed and one group thinks one thing is happening
and it's, obviously, clearly not. So, I will -- I will do some -- get some more information
from the Idaho Food Bank, present that to you, and speak to you specifically about what
it is they are doing. In addition, I'll make sure that the information that I'm receiving from
the Meridian Food Bank is accurate.
De Weerd: Thank you.
Cavener: No problem. So, another group that -- just to give you a brief update as to
what's going on with them is the Meridian Senior Center. I try and give you a brief
snapshot every month as to what's going on with our area seniors. Matt Ellsworth and I
spoke to them last month about soliciting for proposals and ideas for them to use the
CDBG funds that have been allocated to them for community programs. They will be
providing a final proposal to us this Friday. They have given a rough snapshot of some
of the things that they are looking to do, mostly focusing in two different areas, health
care and quality of life stuff. They want to have a pharmacist come in and review their
current prescriptions, make sure that they are -- they have got the right drug, to make
sure that they are on the right prescription drug plan and they want to go to the Idaho
Shakespeare festival, to take classes, to do additional water colors, painting, stuff like
that. So, next month I will be able to share with you what their exact proposals are and
how they plan to allocate those funds. I have been doing this job for just a hair over a
year and it seems that every -- every week brings new adventures. I wanted to share
one that happened to me this month that I thought you guys might get a kick out of. I
received a phone call from a person who is in a neighborhood who was inquiring about
what the city code was about chickens. They wanted to raise chickens in their backyard
and wanted to make sure that they did it the right way. I worked with -- with legal to find
out what the city code was on how many chickens we are allowed to have in our
backyard and no surprise surprise, we don't -- we don't have a code that deals with
about how many chickens that we can have. Fortunately Boise does. They have a
guideline of three hens, no roosters, so I coordinated with that HOA and I said, you
know, we can -- we can go ahead and follow Boise's blueprint and let's keep the hens
out of the neighborhood and if you want to use chickens to lay some eggs and to go
ahead and do that and they were very pleased and I imagine if you're starting to see
kind of an emerging trend of self sustainability, we may see more people in the future
that are going to want to -- going to raise chickens in their backyard. So, I doubt this will
be the last time that I'll hear about it. Something maybe to keep in the back of your
head for -- never know when someone is going to want to come before you and have
more than three chickens in their backyard. It's fun talking to our citizens. I get a kick
out of the questions that I receive, as I'm sure you receive odd and different questions
on a daily basis as well. One of the things that I have always tried to do is to make sure
that we are effectively communicating with our citizens and with our community. I try
Meridian City Council
December 15, 2009
Page 16 of 85
and give you, you know, a snapshot, again, of what's going on on the social network
side and every day we communicate, we share our message with over 500 individuals
in the form of our social network strategy using Facebook and Twitter to send out
information. Tonight I sent out a post letting everyone know what the current needs are
for the Meridian Food Bank, which is, again, peanut butter, tuna fish, and jelly and every
time that we have done that groups and organizations have received a bump and I
expect I will hear from the Meridian Food Bank that over the next couple of days people
will bring that stuff in and it really gives us the opportunity to tell Meridian's story and I
have enjoyed being able to talk and interact. In the packet that I have provided you
there is some comments left from different people that live in Meridian about things that
they like -- I posed a question what's your favorite coffee shop in Meridian and that
sparked a debate. So, you can kind of see what's going on in our -- on our citizens'
minds. Another project that's been very successful is our blog program. Every blog that
we pop out just seems to be flooded with response to people really excited every
Monday, Wednesday, and Friday when a blog comes out. By and large the Mayor's
blog on celebrate Meridian is our most popular, but all of our other department blogs -- I
receive the same amount, so there is not a first, second, or third, it's -- everybody really
comes back day after day to see what's going on and, again, I really like the fact that it
gives our department directors the opportunity to really share, you know, Meridian's
story with our public. So, with that one other thing to mark in your -- in your notebook --
and I'm sure you probably have already heard -- February 4th, State of the City at
Meridian Middle School. I'm sure I will be sharing a little more information about that in
the months ahead. And with that I will button up, unless you have any questions.
Rountree: Questions?
Hoaglun: Mr. President?
Rountree: Brad.
Hoaglun: Comment for Luke. I was at Boise Area Chamber of Commerce elected
officials reception here a couple weeks ago and someone who lives in the city of Boise,
but they are involved in activities throughout the valley, said she told me -- she said I
know more about what's going on in the City of Meridian because of their social media
than she says I do within the city of Boise and I live in Boise. And she said I talked to
the mayor of Boise about this, that I know more about what's going on in Meridian than I
do in my own town. So, I think that's a good compliment for -- for what we are doing, so
good work.
Cavener: And I'm happy to hear that. I think I shared with you before, we have fans of
Meridian that live in Boise. We even have a fan of Meridian that lives in Canada. So,
they are not just people that are living in Meridian that are a fan of our community, they
are international fans, if you will.
De Weerd: International.
Meridian City Council
December 15, 2009
Page 17 of 85
Rountree: So, we Twittering and blogging on an international level. Any other
questions, comments for Luke?
De Weerd: Oh.
Rountree: Madam Mayor.
De Weerd: Mr. President, I did have aquestion -- while you were at the senior center
and they are focusing on several different things, did you share with them about the
prescription drop-off program?
Cavener: I have and we have -- I have actually shared that with them a month ago and
it's been one of those things that we have reaffirmed and what they -- the response that
I have received from the board is that right now our seniors have a lot of variety of drugs
that are in their medicine cabinets, in their drawers, and they are not sure which ones to
keep and which ones to get rid of and they are hoping that by bringing in a pharmacist
to take a look at what they have, make sure they are having the right stuff, that we can,
then, partner with the police department and have those prescription drugs dropped off
that they no longer need. What they feel is that sometimes some of our seniors are
hoarders and they want to keep everything just in case and by allowing a safe
environment for them to bring it and have a pharmacist say yes to this, no to that, really
no to that, we will make it easier for them to eliminate some of the stuff they have got.
De Weerd: Good deal.
Cavener: All right. Well, thank you all very much. Have a Merry Christmas and a
Happy New Year and I will see you in January.
3. Department of Environmental Quality (DEQ) Air Quality
Update by: Pete Wagner
Rountree: Thank you, Luke. Thank you. Next item is the DEQ update on air quality.
Pete?
Wagner: Mr. President, thank you very much, and Members of the Council and Madam
Mayor. The Mayor asked just us yesterday, actually, to come to speak to you about the
emission testing. I'm Pete Wagner, I'm the regional administrator for DEQ, Boise
regional office.
Hill: And I'm Steven Hill, I'm the regional air shed manager for the Boise regional office.
Wagner: I'm not sure -- we didn't do a formal presentation for you tonight. I'm not sure,
actually, the format that the Mayor was looking for tonight, to be honest. We didn't have
a chance to have an in-depth discussion. Be happy to lay out the history of the
program, where we are to date, and answer any questions that you might have.
Meridian City Council
December 15, 2009
Page 18 of 85
De Weerd: Mr. President?
Rountree: Madam Mayor?
De Weerd: I think, Pete, just kind of the overview you gave to the Treasure Valley Air
Quality Council yesterday in terms of the RFP process, where we are at, maybe in
considering the questions you got yesterday just kind of fill in some of those gaps.
Wagner: Okay. Sure. So, there was a state law that was passed that actually
mandates vehicle emission testing or something similar to that when certain conditions
are met and those conditions have been met in the Treasure Valley. We are pretty
close to exceeding the federal air quality standard and vehicles are one of the top two
emission sources that are contributing to that issue. So, because of that, the cities and
the counties in the Treasure Valley, including yours, have options and some of those
options were to have a vehicle emission testing program, to actually have DEQ run a
vehicle emission testing program, or to propose some altemative program that was
vehicle related and would offset the same amount of emissions that a vehicle emission
testing program would. So, hopefully, you got that. You actually are part of the Ada
County Air Board and you have a vehicle emission testing program that's applicable to
your citizens. In Canyon county and in Kuna they do not and so those cities in Canyon
county and Kuna -- actually, Kuna did not respond to the director's request, so, actually,
we are implementing a vehicle emission testing program for them because of that,
basically. Canyon county and its cities actually propose an altemative program that was
vehicle related. Not all vehicles related, however, so we could only count the vehicle
related portions. The emissions that they propose to offset equaled about three to five
tons of emissions. The program actually just for Canyon county needed to offset 252
tons of emissions. So, you can see there is quite a bit of disparity there between what
they proposed and what they needed to offset, so because of that we have to follow the
state law. The state law, basically, mandates, then, that DEQ move forward and
implement a vehicle emission testing program in Canyon county and so we are
combining Canyon county and Kuna and what we are doing, actually, is -- we have
done a lot of research about vehicle emission testing programs through other states, we
have talked to state agencies, we have talked to the EPA, and we have talked to Ada
County's program, too. So, we went out with a request for information about six weeks
ago and we solicited information. We got that information and we finalized our RFP and
I'm happy to announce and I think Steven's going to breathe a sigh of relief here, we
issued that RFP just today and that was meeting our time frame. So, an RFP is actually
out on the street. It will be out on the street for 30 days. We will hold a bidders'
conference in between the time that that closes to answer questions and, then, those
bids will come in, we will evaluate those bids according to the criteria that's in the RFP
and, then, once we do that we will actually choose a contractor. So, that contractor will
act on the half of -- on behalf of DEQ to plan and implement a vehicle emission testing
program with the goal of having that program implemented by June 1st of next year and
June 1st is important, because that starts the peak of our ozone season and that's one
of the main reasons for implementing a vehicle emission testing program. The other
thing that we did in the RFP that's sort of unique to the RFP process is we went around
Meridian City Council
December 15, 2009
Page 19 of 85
and actually talked to the mayors and the county commissioners in Ada County. So, we
went with Mayor de Weerd and talked with her and what we did in our -- is we are
soliciting a second cost proposal in this RFP. It will not be scored, but we are soliciting
that information for that same contractor to operate and run a vehicle emission testing
program in Ada County and I want to be very clear, the choice is the cities' and county's
in Ada County whether or not they want to participate with DEQ and our contractor or
the city has the choice to continue with the air quality board and to continue a program
that's very similar to what's being run today. So, I think those are very -- very important
distinctions that need to be made. The choice again is yours, not ours. We are just
soliciting that information in our RFP we can present that information to the cities and
the counties. So, I think that's pretty much where we are right now with the RFP
process.
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I guess, Pete, if you can talk about the timeline for awarding it and if there
will be opportunities -- I guess a question came up yesterday on if there is opportunity
for cross-testing, if Ada County can get tested in Canyon county and vice-versa, what
kind of relationship they could possibly have with one another.
Wagner: Yeah. Right now, actually, the time frame is -- is to sign a contract by
February 3rd and so we hope to meet that time frame and we'd have that contract in
place. After that we would actually come back to all the cities in Ada County and to Ada
County itself and ask them if they, then, would want to participate with our contractor or
continue with a program that's similar to what they are running today. At that point in
time, if the cities in Ada County and Ada County itself, propose to continue operating
their own program, I'm not going to be able to stand up here today and tell you that the
two programs will be exactly the same and that they would be able to get their cars
tested -- you know, if you lived in Ada County you could get your car tested in Canyon
county, those details would have to be worked out. I'm not sure the direction -- I know
certain -- most of the direction that the Ada County air board is going, but there is
definitely fine details that would have to be worked out with our contractor that I don't
know yet, because we don't have our contract in place.
Rountree: Any other questions?
Bird: I have none. Very good.
Rountree: My question is essentially the same as the Mayor's, but I wrote it down here.
Is there a provision in the contract to require the new contractor, if Ada County chooses
not to go with them, but stay with the air quality board, that there is at least a
coordination and cooperation?
Meridian City Council
December 15, 2009
Page 20 of 85
Wagner: Mr. President, Madam Mayor, and Members of the Council, there is nothing
specifically in the RFP or in the contract that says that, but I can speak for the director
and myself that that would be the intent of DEQ to work as closely as we could with the
Ada County air board and the staff that exists today to try to get those programs as
similarly as we could. I just didn't want to guarantee anything tonight, just because I
don't -- I don't have those answers.
De Weerd: I want a guarantee.
Rountree: Any other questions, comments?
De Weerd: Mr. President, I guess just one. I know you had mentioned that this
program would be up and running by June. Isn't that too late? I mean it's not like you're
going to test all of Canyon county cars in the first couple weeks of June to have the
gross polluters off the road or -- or taken care of. Is there a way to escalate the time
frame or a schedule for that?
Wagner: Potentially that's what we have asked for in the RFP, so, theoretically, a
bidder could actually bid and say that they could implement the program more quickly, if
you will, and that could be scored accordingly. I will say that in the RFI process there
were four or five RFI responses we received and most of them had time frames that
were pretty aggressive and would meet or come in before that June 1st date. It just
depends on the program that the bidder proposes is one of the main things that will
determine the length of time they need to actually get the program in place. So, your
point's well taken. We feel we have been on a very aggressive time line and we had to
follow the state law about -- about making determinations and those kind of things, that
we didn't want to get those wrong. And the other thing that we wanted to do from a
DEQ standpoint is we didn't want to develop a program or rules for the issue that we
have right now and right now we are in attainment status and what I mean by that is we
have not violated the federal air quality regulations, but if we violate the federal air
quality regulations, then, EPA has oversight on what we do. So, what we have done so
far is actually made everything and developed everything so that if we do exceed those
standards some day we don't have to go back and reinvent the wheel, we have done all
that leg work right now. So, all those things took a little bit of time to do, but I think they
will pay off in the end.
De Weerd: So, follow up?
Rountree: Madam Mayor.
De Weerd: Are we going to be testing -- is Canyon county going to be testing for the
same thing that Ada County is testing for?
Wagner: The same pollutants?
De Weerd: Uh-huh.
Meridian Ciry Council
December 15, 2009
Page 21 of 85
Wagner: Correct.
De Weerd: So, same technology will be used?
Hill: Similar technologies will be used. There are standards that are set up for what
technologies you can use to test. There is only a couple of options out there. Right
now the Ada County program is using acontractor -- Councilman, do you remember
who you're using?
Zaremba: Worldwide.
Hill: Worldwide. Thank you. And they use the similar guidelines for their technology is
called Bar 97 for tail pipe testing and that's pretty much the standard and it's what's
across the board everybody has to use.
Wagner: If I might, Mr. President, Madam Chair, and Members of the Council, one of
the things that we are doing in the RFP is we are soliciting different types of
technologies also. So, the RFP's out, so I can talk about it finally and the RFI, actually.
Some of the things that we have seen not only are there tail pipe tests that could be
done and OBD testing where they plug into your computer system, you have probably
done that. There is remote OBD for fleets of cars where actually they just -- it's like, you
know, the cell phone, it contacts the OBD over a system like that and tells the system
whether or not that vehicle is in compliance or not, so they don't even have to go in to
get a test. So, there is technologies out there like that. There is other technologies like
kiosks, those have been used in other states where you actually -- if you have OBD you
pull up to a kiosk, you plug your car in, it tests your car and, then, you get a printout of
whether it passed or not. And, then, lastly, the other technology that we have heard
about is remote sensing where you can actually -- almost like a policeman sits on the
side of the road and measures your speed, there is technology out there that somebody
can sit on the side of the road and measure your pollution also. And so those are
different types of things that we expect in this RFP response that we will see. So,
those, again, might be a little bit different than the technologies that the current Ada
County air quality emission testing program has. It's not to say that they couldn't
change to do that, but that's just some of the differences that might exist.
De Weerd: Pete, I know that the EPA is looking at lowering or increasing the standards,
however you look at it --
Wagner: Uh-huh.
De Weerd: And that could come in the next couple of days or in the next month. With a
three year average this coming summer is very critical to hopefully staying in
compliance of any new -- what are the chances -- how important is the coming summer
to staying in compliance?
Meridian City Council
December 15, 2009
Page 22 of 85
Wagner: Sure. Madam Mayor, Mr. President, and Members of the Council, it's very
important, actually, and I don't want to just focus on this next summer. It's actually from
now on, basically, is where we are. The standard is 75 parts per billion and we are at 75
parts per billion. That's where we are today. So, you can't get any closer than we are
now. So, any increase in pollution levels could be a problem. The Mayor is correct.
Actually, EPA is supposed to issue a promulgation this December, sometime this
month, so we expect that probably in February, but that would lower the standard
actually from the 75 parts per billion and we don't know what they are going to lower it
to, but the recommendation is anywhere between 60 and 70 parts per billion. If they
lower it to 70 parts per billion we are going to be right there. Our three year average for
2006, 2007, and 2008 was 71 parts per billion and this last summer -- so, it's a three
year average again. This last summer for 2009 we are quality assuring and quality
checking the data right now, that looks like that number is going to drop a little bit, but
I'm not here to stand up here tonight to tell you that's going to drop significantly and, you
know, save us, if you will. There is a lot of work that still needs to be done. The
Treasure Valley Air Quality Council is one group. You, actually, as elected officials are
another one working with your business communities. We, actually, are trying to
develop a plan to do more out reach and I think that's extremely important to the
business community, not only is this a health issue, but it's an economic issue. If we do
go nonattainment, that just means additional cost for businesses that want to come here
and for businesses that are already here and that's the last thing that we all want, so --
Rountree: Any other questions? Thank you, Pete and Steve. Appreciate your
comments.
Wagner: Thank you very much.
De Weerd: Thank you.
Bird: Thank you.
4. Air Quality Initiatives Update by: Robert Simison
Rountree: Yet more about air quality. Robert. And are you and Councilman Zaremba
going to work this item together?
Simison: Well, Ididn't -- I didn't know if Councilman Zaremba's items dove tailed better
with that presentation or not, so I was going to --
Zaremba: It's kind of independent. It's a result of what's going on.
Rountree: Go ahead, Robert.
Simison: Okay. Well, Madam Mayor, Councilmen, the Mayor asked me to come and
give you a kind of an update on the air quality initiatives that the city has been taking
primarily related to some of the trip reduction that is dealing with its employees, as well
Meridian City Council
December 15, 2009
Page 23 of 85
as some of the air quality things that we are doing in the city to try to make it so we do
not reach attainment -- or don't hit a nonattainment in the future. So, just to give you an
update on some of the -- some of the items. I'm not going to touch on everything, but
the signs you have seen out in the parking lot, the clean air zones, Idaho signs, those
have been installed in all of our parks, fire stations, water and wastewater facilities and
City Hall. So, we our letting people know to turn off your engine when you're here on
city property. The Mayor -- we are going to be taking those out into the community --
into the business community as part of our site visits, encouraging each business that
we visit with to either consider putting up the signs or implementing no idle policies for
their vehicles once they are there to help in that process. One of the trip reduction
measures that, you know, you may not really think about, but our virtual private network
that has been set up, the VPN network that the employees utilize the, recent upgrade to
make that more safe and secure, there is additional effort to be taken at our wastewater
treatment facility to reduce some employees going out to there, but overall I think on
any given day we are having probably one -- at least one employee who is
telecommuting from home some days. When I spoke to IT today we have had as many
as eight people doing it at any given time. That may be people who are working from
home. That could be people who have had to stay at home, but they still had some
work to do to be done, whether it was for an hour or for two hours, but it's reducing
those trips that people need to take to come into the City Hall to perForm their duties.
Whatever the case may be. So, I know it's been really popular with employees. I utilize
it quite often and appreciate not having to drive down here on the weekends sometimes
to get some work done when it needs to be done. The alternative transportation
program, that's a program that we kind of ruled out this last year where employees do
car pool, walk, bike to work to give them incentive to do so through the wellness
committee. It didn't take off as well as we had hoped. At least with all the employees
being aware of it. So, it's going to be relaunched again as part of the wellness
committee's effort for May In Motion. But we have had roughly four to six people in the
city who routinely fill out that information. We know there is a lot more than that that do
walk, car pool, or bike to work, but it averages about 35 days a month where these four
or six individuals who Ann Lee has been inputting this information, are reducing trips to
the city in one form or another. So, it is a small step, but it is a good step. And part of
that has been put together by the Find A Ride program that we implemented. This is a
piggy back that we did kind of off of Ada County things where employees from --
volunteer and say, hey, do you live next to me and we work similar hours, I'm happy to
try to car pool with you to work. We have about 30 employees who have signed up into
that program and said that they are willing to do it if they can find people with similar
work patterns and schedules and it currently shows that four people are actively doing
that at this point in time. I will say that when I checked it when gas prices were higher,
we had about ten people who were doing it and doing it quite frankly -- quite frequently
between different departments here in City Hall. So, we have to do some reductions
there. When you built this building you took some time to put in bike racks and facilities
for employees who wanted to ride their bike here. We have two to four employees who
do that fairly regularly when the weather permits, which is -- you know, it a start, but I
know people are doing that. We have other ways that we are eventually trying to
reduce car trips to City Hall. We are trying to work with BRT to locate a bus stop down
Meridian City Council
December 15, 2009
Page 24 of 85
here in downtown Meridian. We know that there will be some benefits to city employees
who may want to commute from Caldwell and other places into the city and continue to
work on that. A couple of those ordinances you guys have passed I guess last summer
according to our police department. At this point in time we don't have any information
on how many tickets we have issued at this point in time, but the -- from the county's
side, the county has been very active in there enforcement and has written quite a few
tickets, which has probably reduced the amount that we would have written here in our
community to take care of it before they even reach the City of Meridian. So, we think
that we have seen some reductions in dust going up into the air for that. Some good
news. I don't know that you have seen it, but we have talked about it before, but MDC
recently approved the purchase of an electric vehicle for our police department to do
some of the enforcement here in our downtown. It will be the city's first vehicle that's
electric and keep a gas vehicle off the streets as needed to do the downtown parking
enforcement. Radio read meters, which I know you guys have approved funding for
that over the last couple of years, we now have over 17,000 radio read meters in place
for 67 percent of the city's homes that have their water usage read that way. Which,
again, reducing the amount of driving that's required, stopping starting, getting out, there
couldn't be anymore fluid process. We have also expanded our online business
offerings to our community within the last year. Some of it's related to the website, but
others it's just because we are doing it where people can now report a streetlight outage
online, fill out their comment cards online, do planning applications, and sign up for city
information, again, trying to reduce the people that have to come down here, walk in the
planning department, pull up the application, review it, they can do this all online, which
is reducing trips and the last thing that was kind of talked about, our route to a bigger
recovery after at the gas station, who will be working with DEQ on getting the water out
to those stations, which haven't yet taken advantage of the grant program as being
offered to try to get them to convert their facility into having what is being amended. So,
we will be doing that as well. So, that's just kind of a snap shot on most of these. I
would be happy to answer any questions you have about the program.
Rountree: Questions for Robert?
Bird: I have none.
Rountree: Mr. Zaremba.
Zaremba: Just a comment on the car pooling and how successful it is or isn't. If my
recollection serves me right, when ACHD was trying to get a lot of people to get into
their van pool program, a Commuter Ride program, one of the issues that they ran into
was a lot of people said, oh, I'd like to do that, but what if I have an emergency. I have
got kids or I have got elderly parents and I might have to go home and wouldn't be able
to and I believe they solved that by saying that if somebody was a regular participant in
Commuter Ride, ACHD would pay for one or maybe finro cab trips home if an
emergency came up and I just wonder whether we might want to -- if that's a road block
for people, whether it might be worth it to the city to make that kind of offer as well.
Meridian City Council
December 15, 2009
Page 25 of 85
Simison: It is something back when we were looking at the car pooling options that we
did talk about whether or not it made sense. We thought we would see if it -- if it
became an issue because it does have a financial cost to the city to be able to offer that
as an incentive back to the employees. It's something that we can, obviously, as part of
the main motion, discuss, talk to the wellness committee about if it's something they feel
strongly about, perhaps bring it back to you guys as part of the budget process next
year if that's something you're interested in hearing about.
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I just want to emphasize that -- a conversation that we had this morning at
the business retention and expansion committee as we talked to COMPASS, air quality
and attainment came into the discussion and certainly it's not any -- there is no silver
bullet for this. Emissions testing is one piece and, as Robert mentioned, a number of
other things that are being done, it's -- every little effort adds up to something large and
we need a lot of large efforts to make a notable difference in what these -- what we
were measuring at and it's going to be important to continue and find success in
programs that make sense for the city, for our employees, for our citizens and for our
businesses. But, again, it's going to be amulti-faceted approach to this that will find
success. So, as you're out talking to businesses and citizens, you know, please take
the opportunity to help educate and share ideas of what individual parts can be -- one
sides doesn't fit all and maybe someone can't make one idea work, but another idea
might be applicable to their own situation. So, we brought this to you, again, to just
continue to beat the drum and continue the message that we all can do a small part of
this to have a good net result.
Rountree: Thank you. Any other comments? Questions? Robert, thank you.
Simison: Thank you.
5. Air Quality Board Report by: Councilman David Zaremba
Rountree: Next item, Councilman Zaremba. Air Quality Board report.
Zaremba: Mr. President. Yes. Mr. President, Madam Mayor, other members of the
Council, just to keep the players straight, we have heard several mentioned, of course,
we have Idaho Department of Environmental Quality, which is the big umbrella
organization over everything and has stated laws mandated to them every once in
awhile about what they have to do. There is the Treasure Valley Air Quality Council,
which is an organization -- which is a committee that was put together by the legislature
a couple years ago to determine primarily for the Treasure Valley, but also statewide
what vehicle testing requirements ought to be should an area need to be included.
Their charter was to put together a report that would be given to the legislature. They
did that. The legislature pretty well adopted and made into law their recommendations.
Meridian City Council
December 15, 2009
Page 26 of 85
I had thought they would cease to exist at that point, but, apparently, they still exist. I'm
not quite sure what they are doing. What I'm talking about is a different group that's the
Air Quality Board. That's a big name, but our charter is to run the emission testing
program for Ada County. We don't color all air quality issues, although several times we
have tried and had our wrists slapped a few times. It exists by a joint powers
agreement of Ada County and five of the cities in Ada County. Kuna is excluded from
that. But Meridian is one of them. So, here is development that happened at our last
meeting and knowing that DEQ was moving ahead, that the new state law had
established what a vehicle emissions testing program minimum would have to be, we
have been discussing for actually many years, but more seriously for the last several
months changing our program from a current program of testing every vehicle every
year beginning from when they are new to what it turns out the Treasure Valley, the Air
Quality Council recommended and the legislature adopted of testing vehicles every
other year and exempting the first four years and we have had a lot of discussion about
when we should do that or not do that and since it appears that there have been enough
advances in engine technology and other kinds of technology, that Ada County can go
to every other year testing, as opposed to every year testing, and exempt a few years,
also with the knowledge that DEQ is moving ahead to get Kuna and Canyon county on
board within the Treasure Valley. The very minor change that would cause in Ada
County by going to every other year should be saved by getting Canyon county and
Kuna on board. So, amongst the debates is to -- we risk nonattainment if we don't test
every minute and we have come to the conclusion that the science behind what the
Treasure Valley Air Quality Council recommended was good. So, at our last meeting
we changed our program. Beginning January 1st we will all need to get our car tested
every other year. It will be based on the model year of the car, whatever the
manufacturer says that model year is, has nothing to do with the date that the car was
actually manufactured, but whatever the manufacturer says the model year is I believe
we are saying that even model years will be tested on even annual years and odd
model years will be tested in the odd years. First four years are exempt. So, the first
test actually will happen in the fifth year of the car. We are exempting hybrids. We are
exempting anything older than 1981 I think was what we finally decided it was. Either
'82 or '81. The argument was when is that. So, I think it's anything older than '81 we
are exempting. The test, then, will be every other year and we -- the current fee is 15
dollars and actually is up to 15 dollars for every year. There are stations that charge
less. We made the new fee for the every other year testing each test is a maximum of
20 dollars and, again, the stations can charge less, but that's 20 dollars every other
year, instead of 15 dollars every year. So, we believe there will be some savings to the
citizens of Ada County and I just wanted to let you all know we discussed whether we
should start that mid year. If DEQ gets Canyon county and Kuna on board and is able
to get it started by the first of June, we discussed whether we should match our change
with that. And the difficulty is you have the first six months of the year where some cars
tested that otherwise wouldn't need to be tested, so that choice was either start it
January 1 st a couple weeks from now or put it off for another year. Because what do
you do if you -- in the middle of the year you say, oh, half of you didn't have to take the
test that you already took. So, we decided to implement it as of January 1st of this year.
We have also asked our director to get together with some of our current station owners
Meridian City Council
December 15, 2009
Page 27 of 85
and the supplier of the equipment that our group uses and submit one of the bids to
DEQ for running the program in both counties and they will do that. We don't know
whether we will be the bidder or not. Possible we will not. We do know that DEQ, as
they said, is only going to score it on a Canyon county portion. So, it will be up to all of
us and the Air Quality Board also will be on pins and needles until we find out. It may
very well be that we would go out of business probably in June, but until, then, we are --
we have converted our program, so we will not be testing as often and I think that's a
good thing for the citizens of Ada County who are all very full that something is
happening.
Rountree: Thank you. Good news. It's about time.
Zaremba: Yes.
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I guess, Councilman Zaremba, I would ask what the hurry was? I mean
why didn't this wait until the RFP process was completed with Canyon county, so we
didn't work independently, but at least knew what the different choices and options were
prior to making a decision and significant changes. I mean I'm all for the every other
year and I know that was part of the recommendation from the air -- Treasure Valley Air
Quality Council to look at that kind of change, but if it's not consistent across counties it
causes confusion for the general citizens, it doesn't allow for the collaborations of
maybe the economies of scale and if our test in Ada County is going to be more
expensive than it is in Canyon county, you're going to have citizens over here wanting to
do it over there, because it's less costly over there and we only have to do it every other
year here and -- I just -- I am kind of baffled by why there was a rush a month before the
RFP process was able to be verbalized by DEQ and decisions were slated to be made.
Zaremba: Madam Mayor, you have summarized discussions that the Air Quality Board
has been having for almost seven years about when are we going to do this and what
the reasons are to do it now or to put it off and the consensus ended up being we may
very well not exist six months from now. The Air Quality Board may not exist six months
from now. We may find that somebody bids for Canyon county in a program that we
could realign and match and we certainly are going to stay in very close touch with
DEQ, which we have up until now, I believe, and in February find out what the
responses are to the request. The issue of putting it off again and we actually have
come close to making this change every month for the last two years.
De Weerd: Well, it made sense two years ago.
Zaremba: Beg your pardon?
De Weerd: It made sense two years ago.
Meridian City Council
December 15, 2009
Page 28 of 85
Zaremba: Well, it did. And part of the reasons that we didn't implement it then was
sensitivity -- it would have benefit the citizens we believe or certainly financially the
citizens to have implemented it two years ago. The issue at the time was that if Canyon
county's program is similar to ours, we know that when we go to this program we are
going to put at least half of our existing testing stations out of business. There will be
half the customers. That's only testing every other year. Then, you exempt the first four
years, another third of the stations will go out of business. So, our sensitivity in not
doing it two years ago or even five or seven years ago when it was first being discussed
is holding our breath hoping that at some point Canyon county could use some of our
existing -- they would just redeploy. Instead of going out of business here they would
move into Canyon county and there would be the same program. Nobody in Canyon
county has risen to that idea. They appear not to like that idea. We don't know whether
our program will change in two months or six months or not and that was a very serious
discussion. Why should we change. And the response was that the citizens of Ada
County are well aware that they don't need to be testing every year and we get plenty of
calls about why are we testing every year and we felt knowing that at some point we
were endangering some of our stations anyhow, that putting it off just was not -- again,
when do you put it off to? If you're going to go to every other year testing it made sense
to us to start it at the beginning of a year. So, the end vote -- it passed on an almost
even one plus vote. There were half -- almost half the group that said we should wait
and one more than half the group that said we need to do it now. So, yes, those
concerns were expressed and considered and the end result was even if we have to
change it again we want the citizens to go to every other year testing now.
De Weerd: Okay.
Rountree: Any follow up?
De Weerd: No. Probably safer I shut up.
B. Legal Department
1. Server Training Ordinance Update by: Bill Nary.
Rountree: We certainly know your opinion. Next item. Legal department. Server
training.
Nary: Thank you. Mr. President, Madam Mayor, Members of the Council. If you recall
we had this discussion recently in October about our server ordinance. We had a
citizen who is also a licensee who had expressed some concems about the program
and the training requirements, so we did meet with -- it was Suzie Seitz and we did
meet with her and she did not realize how our ordinance was set up differently than the
city of Boise. She was concerned that we were going to name specific programs in our
ordinance and that there was no method for anyone else to compete with those
programs and that was not our intent at all and that's not what our ordinance says. So,
Meridian City Council
December 15, 2009
Page 29 of 85
my staff and myself and our clerk's office and the police all met with Ms. Seitz and did
incorporate some of the information she provided to the discussion. So, it is ready to go
forward. I don't think it's changed anything significantly. We did make sure it was clear
that for the licensees that if the licensees were to violate that, basically, having servers
that are not certified serving alcohol in their establishment, that they run the risk of the
potential of having their license revoked by the city. We did intend this -- the intention
was to educate in our going around, we sent out from the clerk's office notices to the
licensees prior to their expirations of the license. The licenses all expire at the end of
March. We sent out notices in February to advise them of that. Our intent was to also
create a document to send with -- with that notice, so that they will be aware that this
ordinance is going to be effective come June of 2010, so that they will have opportunity
to have their -- their wait staff testing. In talking with some of the licensees, many of
them, because the city of Boise, has already implemented this, many of them have
certified servers anyway, because they worked at other restaurants for some of the
changes and things like that, so it wasn't a big concern to them. They wanted
consistency anyway with the -- with the city of Boise, so this wasn't a -- at least at this
point hasn't been a big issue for our licensees, but we did want to make sure we
educated them prior to them renewing their licenses, so they did know what
requirements were being imposed on them. Other than that, Ms. Seitz didn't have any
other concerns and so we are ready to go forward at your direction.
Rountree: Comments? Guidance?
Bird: Mr. President?
Rountree: Mr. Bird.
Rountree: Bill, I like this draft of the ordinance, but how are we going to control the --
the places where you walk in and buy your alcohol, because, you know, if you refuse
somebody and kick them out of your premises and they still want to continue to drink,
they can walk down to -- or drive down to some store and walk in and buy whatever
they want and walk out and get in their car and drive off. While they are not consuming
it right there, they are in that kind of shape and almost bet you they start consuming the
minute they get in the car, but is there any -- I mean I don't know -- that would be a
nightmare to get your arms around, but --
Nary: Madam Mayor --
Bird: It's a nice start, but --
Nary: Sure. Madam Mayor, Members of the Council, Council Member Bird, you know,
we had -- we have had that discussion both at the state level, as well as the local level
here on trying to deal with that. What we found, although there is now testing, there are
programs that are available to deal with commercial sales and Jacksons is one of the
bigger commercial sales locations in our city with the number of outlets that they have.
They actually have from the state's perspective probably the best in-house program for
Meridian City Council
December 15, 2009
Page 30 of 85
that exact scenario, but what we found from a law enforcement standpoint is that's not a
huge problem of people going to the grocery store, buying a six pack of beer, and going
home and drinking it. The real problem is the servers in the restaurants where the
people are consuming them on the premise, the over service is still a problem or can be
a problem. The under age consumption, of course, can be a problem. So, the
underage consumption can be a problem both at the commercial locations, as well as in
the restaurants. But the service of people or getting over served or served out in the
community and being a danger on the roadways is much more prevalent in the licensed
establishments, the bars and the restaurants, than it is from purchasing it and going
home with it.
Bird: I don't disagree with that.
Rountree: Any other comments, questions, on the proposed ordinance? Bill, I just had
a question on the enforcement clause and the authority of the city clerk for revocation.
Is that provided in our ordinance? Is that provided in state statute? Where is that?
Nary: That's provided in our ordinance. The City Clerk is the licensing authority for the
city.
Rountree: Okay.
Nary: The City Clerk has the authority to revoke any licenses subject to appeal.
Rountree: Okay.
Nary: They appeal, then, it comes to you.
Rountree: All right.
De Weerd: You might ask the chief if he has any comments.
Rountree: Chief, do you have anything you want to mention about this?
Lavey: Mr. President, Madam Mayor, Council, I just thought I would add a couple words
to the comments that Councilman Bird just said. About six weeks ago we did some
compliance checks and Councilman Zaremba is aware that we were doing this, but he
didn't want to know who we were targeting, so he doesn't -- he doesn't know who I'm
going to mention today. But I will tell you that we did hit all of the Shells and they were
compliant and they do do a great job as far as doing the server training. Not required
to, but they choose to do that on their own. We think that once we do get this on the
books that through education we will get more people on board with it. We did -- out of
those 24 establishments we did sales where you actually went into like a community in
sales and, then, we also did bars themselves. We only had one establishment that was
noncompliant and that was a bar. So, I believe that although the results are real
narrow, it does show what we are talking about today. And with that being said, as far
Meridian City Council
December 15, 2009
Page 31 of 85
as the revocation, we provide our information to the clerk's office and the clerk's office is
the one that does the administrative side of things for us. So, I don't believe that's an
issue either. And that's all I have. Unless there is a further question.
Bird: Mr. President. To add on that, Ithink -- Bill, I think that these -- this ordinance
here will impress upon the owners -- I don't know what their first offense is. Is it 30 days
without a license or 60 days or something like that if they get caught and, you know,
that's a lot of income out of their pockets. So, they will make sure that we keep the
servers doing it right. This has been tried before. Ithink it's a great idea.
Rountree: Any other comments, questions?
discussion let's move forward, Bill.
I'm getting by the comments and
Nary: We will put it out in your agenda.
Rountree: Great. Thank you.
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I guess just a comment and it might have been by John Watts that was a
lobbyist for a couple of the restaurants I think over in Boise that went through the
process and had some comments about Boise's process to maybe avoid some pit falls
as we do it. I don't think anyone was opposed to it, but it was more in the process of
how it was done. So, just to make sure that we learn from what they did or didn't do and
how we roll this out, but make sure as -- that anything that might need to be written into
the ordinance is done as you bring it before Council.
Nary: Thank you.
C. Parks Department
1. Administrative Policy -Metal Detecting in Parks by:
Steve Siddoway
Rountree: Next item. Steve. Metal detection in the parks.
Siddoway: Mr. President, Mayor, Members of Council, here to report back that we
listened to the concems expressed by the Council, took the feedback that we got back
to staff back to the commission, and we are back tonight with what I hope is a workable
solution. Basically, as we presented the proposed permitting process to allow for metal
detection at the last meeting, there were concems that it was overly burdensome,
unnecessary, an enforcement problem and a solution that did not have a problem.
Frankly, we agree. We were just trying to maybe be a little over proactive in trying to
address a problem before it came, but the proposal before you tonight is to -- we have
Meridian City Council
December 15, 2009
Page 32 of 85
completely dropped the MOU with Conn's Wampum Hut. We removed all language
relating to a required permit. We have what is a one-page administrative policy as to
how we would expect metal detecting to happen. Our intent would be to simply allow it,
to publish these rules on our website, share them with those that have expressed an
interest in doing so, and, then, simply allow it through this next summer and possibly,
you know, forever beyond that, but to regroup after this summer, after we have some
experience with allowing it, and just saying how did it go, have we had any problems
right now. Based on staff experience with those that they have witnessed in the park
doing it, they don't expect problems, so we would propose to you that we simply adopt
this administrative policy and allow it and, then, see how it went after this coming
summer. So, I would request any feedback and if you like the direction we will put it
back on your agenda as a -- with a resolution on your Consent Agenda.
Rountree: Comments or questions for Steve?
Bird: Looks good to me.
Rountree: Brad?
Hoaglun: I think this will work.
Bird: Yeah. I agree.
Rountree: Good job. You did listen well.
Siddoway: All right. Thank you.
De Weerd: Well -- and the commission it should be noted for their participation.
Siddoway: I will. And I should mention that the commission did take formal action on
this last week at their meeting and made a recommendation to Council that they are on
board with this direction as well.
Rountree: Thanks, Steve. Bill, in terms of this being an internal regulation, does that
have to have a resolution or just something that's adopted by the parks commission?
Nary: Well, Mr. President, Members of the Council, I would recommend we do a
resolution and, then, pass it as an official resolution of the Council, so that way the
enforcement both from the police, as well as the parks staff, isn't questioned and that
this is the direction of the city.
Rountree: Then, if we could move it forward in that fashion.
Nary: We will do that.
D. Public Works and Legal Departments.
Meridian City Council
December 15, 2009
Page 33 of 85
1. Bittercreek Lift Station and Pipeline Purchase
Agreement by: Tom Barry and Bill Nary.
Rountree: We will see it soon. Thank you. Next item, Public Works, the Bittercreek lift
station, the purchase agreement. Tom and Bill.
Barry: Thank you, Mr. President, Madam Mayor, Members of the Council. We are back
before you this evening to pick up where we left off last week regarding the Bittercreek
lift station sewer project. At that last meeting we had with you last week you had
concems about a purchase order for payment to the part of the project that had been
reviewed, inspected, and accepted by the city inspection team. We went back and
crafted a purchase agreement, which wasn't too difFcult, since we used the old
reimbursement agreement that was never signed with Mr. Jewett and pulled the
elements out of that reimbursement agreement and put into a purchase agreement.
The legal department's reviewed that and communicated that to legal counsel for Mr.
Jewett. Where we currently stand at this point in time that's adraft -- a revision to the
draft that we sent was just received today and there is no signature from Mr. Jewett
currently. So, we are still going back and forth on revision at the current time. We
believe that our draft of the purchase agreement covers all of the elements the Council
was concerned about and the revision that we received today, in my opinion, does
undermine some of the concems with regard to addressing those concems and so there
is still communication back and forth as to how to get that resolved. I don't know if Mr.
Nary would like to add any comments to this, since he's been the primary communicator
with Mr. Jewett's legal counsel.
Nary: Madam Mayor, Members of the Council, amongst the hundreds of a-mails we
have had in trying to get this issue resolved, Ithink -- and I'm not going to say it's an
impasse, but I think where the issue really breaks down is in this purchase agreement
that we are trying to accomplish. We are trying to accomplish both the issues that are
dealing with the in-the-ground completed infrastructure and the materials necessary to
go forward with the remainder of the project, as well as I have the sense that Mr. Jewett
on the remainder of the project that they still are responsible for what Mr. Jewett's
attomey would like is to separate those into two separate transactions. Mr. Jewett isn't
asking for any payment for anything that he has performed not by this contractor EOC.
EOC has provided us in writing their assurance about the performance bond. Those will
remain in place and the warranties will remain in place, so there is not -- I don't think
there is a tremendous issue there. Ithink where the hang up has been is in trying to
accomplish two things in one agreement. We haven't been able to negotiate, I guess,
all of the language very well. You have got three lawyers in this and, you know, how
that can be. So, what Mr. Jewett's attomey really wants or would like us to consider is
really finalizing the agreement on the in-the-ground infrastructure and the materials for
the future. That would resolve the issues -- let me take that back. They resolve a
portion of the issues with Eastern Oregon. Eastem Oregon still has issues on -- and
you have seen this previously about the city's roll in enforcing some of the issues out on
the site and those have not been resolved and aren't going to be resolved by this
agreement regardless of what we do. But rather than trying to incorporate all of the --
Meridian City Council
December 15, 2009
Page 34 of 85
all of the potential risks that we have with Mr. Jewett and trying to resolve the issues
with him, his attorney would like to simply resolve the issues with EOC and get this
portion of this that the city -- is acceptable to the city, meets our standards, we are
willing to purchase and, then, meets all our other concerns about warranty and
performance, if we can get those finalized in that agreement, then, we could move
forward, we can get those paid through the escrow they can get the lien releases to us,
we could transfer the ownership of the materials, so that we don't have an issue of
paying for restocking them, paying for them a second time, and those kinds of things.
We can accomplish all of that, I believe, before your next meeting and get a signed
agreement if that's your direction. If you want us to still try to get both the issues going
forward with Mr. Jewett, as well as the issues going back with EOC into one agreement,
that may or may not happen by your next meeting. I think -- I think that's really where
we are at and my recommendation is we need to pick the fruit that we can get to and
the fruit -- the fruit we are willing to address today is what's in the ground, what's
acceptable to us that we were willing to purchase and what materials do we want to
purchase, to, then, not suffer that additional cost in the future that could be used for the
continuation of this project. We still need to work out issues with Mr. Jewett, that's
probably never going to change, I hope to work here long enough that we can resolve
all issues with Mr. Jewett, but today I think we needs to go forward with what we have
got and try to get at least that part of this puzzle, because that's the problem is having
three different parties trying to dance around the issues that are between Mr. Jewett
and EOC, city and Mr. Jewett, and currently only really a claim between EOC and the
city with really no contractual or business relationship between the city and EOC.
Again, the issues that EOC has with the city aren't going to change by no matter what
agreement we do today. So, all we really would be doing is trying to at least get a piece
of this puzzle done without it continuing to drag on. You're probably tired of hearing this
discussion. I know -- I know Mr. Bany and I are probably a little exhausted in trying to
do this, but I think if we can at least resolve the issues with EOC on what's been done,
what meets our standards, and follow through on just that portion alone, then, it will
become a little less complicated in just having to deal, then, with Mr. Jewett.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I notice on the physical impact that it's went up about 30 some thousand from
what we had last week. Is that showing it without the retainage? And in this
development agreement -- I might be missing it, but where does it show the -- refer to
retainage?
Nary: As I look at it it's on Exhibit D, Tom, is that the one where we are talking about --
that has the retainage.
Bird: Number two payment.
Meridian City Council
December 15, 2009
Page 35 of 85
Nary: Right on the retention Exhibit D on the back, Mr. Bird. There the retention
amount is listed for all of the pay applications
Bird: Oh.
Rountree: In the back.
Nary: So, I think that's what we are -- isn't that what we are referring to, Tom?
Bany: Yes, sir. That's correct. One of the continued challenges with Mr. Jewett on this
issue is the matter of the dollar amount, which is, again, why we suggested last week a
not to exceed amount. What we have found in reviewing Mr. Jewett's pay application is
that he has intermixed water infrastructure with the sewer infrastructure and we, the city,
are not obligated to pay for water -- water infrastructure. So, there has not been as
quick a resolution to our concems by Mr. Jewett regarding a finalized number, which,
again, is why we recommended a not to exceed amount, again, withholding the five
percent retention on workmanship, but not a retainage on materials, since there is no
retainage, of course, to the contract for material. Maybe to expand briefly on the
concems that Public Works currently has with the revised agreement that Mr. Jewett's
attomey sent to us this aftemoon, the areas of concern that I currently express interest
in are regarding the performance bond, specifically the fact that, we the city, wanted to
insure that the performance bond is going to remain in place for a year after initial
payment of this particular project, but that's conceivably been addressed and at least in
e-mail approved. Also, what has not been, however, addressed is the city's right to
require exclusion of that performance bond should the need arise, since that
performance bond has been issued with Mr. Jewett and EOC, the city is not a party to
that performance bond, has no legal right to this point in time to execute or require
execution of the developer for the performance bond. So, that, to me, is still an issue
that needs to be addressed that has not adequately been addressed in the revision we
received this aftemoon. The other issue, which I think is -- has been addressed is the
warranty. There has been a certification by both EOC's attomey, as well as JLJ's
attomey that they will honor the one year warranty, yet that was stricken from the
revised purchase agreement submitted to us this aftemoon. So, bamng that, from
Public Works standpoint, there may be issues that Mr. Nary sees in the introductory
language, as well as the latter part of the agreement that has been stricken as well and
I'm not familiar with those impacts on the overall agreement. So, I can defer to Mr. Nary
about those issues, but I think we are close, it's just are we -- you know, are we going to
get there, that's the question.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Tom, have we got a performance bond between us and the developer?
Meridian City Council
December 15, 2009
Page 36 of 85
Barry: We do not. The -- the project was assigned to Mr. Jewett and Mr. Jewett
contracted in advance of an agreement -- remember, the reimbursement agreement
that was supposed to be put in place before the work was to again, Mr. Jewett decided
on his own to enter into an agreement with JLJ and by doing so and not having the
purchase -- or the reimbursement agreement with the City of Meridian, which is the
vehicle that requires the letting of a purchase -- or, excuse me, a performance bond with
the city's named on that bond, since that didn't happen we are not currently named,
which is why I feel it's important in this purchase agreement that we have a legal right to
require Mr. Jewett to execute the performance bond should the city see that need in the
future.
Bird: Okay. Follow up?
Rountree: Mr. Bird.
Bird: Well, Tom, I -- if we -- in agreement if we got a performance bond from him, we
could care less if he executes the one with EOC.
Barry: That's correct.
Bird: If we get one between him and us and, then, we can execute it. There are too
many parties involved in this thing. I'm like Mr. Nary, Idon't -- you don't know what's
coming and what's going.
Nary: Madam Mayor, Members of the Council, I mean if your direction is to -- by
agreement -- with an agreement, a signed agreement with Mr. Jewett, I'm hopeful I
guess that we can have either one of those options, because even in our discussions
with Mr. Jewett 's attorney this afternoon I'm not totally sure what the hang up is, but if
the hang up is left with you either to agree to -- in writing to not - or to execute that
performance bond upon our request, which is what our original agreement said, or you
provide us with one and that's the only issue left on the table, besides making sure the
infrastructure is satisfactory to our conditions and the materials are secured and all that
other stuff that I -- I don't think is a problem, I'm hopeful we can get that done. The only
issue, then, is can we get that done with your direction and bring you the agreement
next Tuesday, but if we could get all of the financial things worked out what we are
paying for specifically -- I know Mr. Barry's staff has been working diligently trying to
make sure all we would be agreeing to pay for is the infrastructure that is completed and
the materials that are remaining for the rest of the job. Again, like Mr. Bany said,
separating out anything else that Mr. Jewett has agreed to not be seeking any payment
for anything related to his work or what he is performing outside of what EOC is entitled
to, that all we are talking about is that, if we can get that resolved before next Tuesday
we would like to process the payment and get it done and bring -- but we won't do it until
we have a signed agreement with Mr. Jewett. It just won't be back in front of you until
then. And they don't want to wait until Christmas week to try to get a payment cut. If we
can get it done before next Tuesday with your approval we would like to do that.
Meridian City Council
December 15, 2009
Page 37 of 85
Rountree: Further questions? Brad?
Hoaglun: Mr. President. And, Bill, that -- that check that would go to Mr. Jewett, who
would -- then, in turn, would pay Eastern Oregon?
Nary: It would actually go to the escrow company.
Hoaglun: Okay. That's right. That's what we talked about last meeting. So, thank you.
Rountree: Bill, I still have a number of outstanding concerns particularly related to
issues that won't be resolved if what you say we might have to do to move this forward
and that's separate the issues and deal with them one at a time. Any agreement that
moves forward that takes care of the performance bond issue I would also like to have a
paragraph in there that identifies that this agreement only deal with and specify the
issue and outstanding issues as follows are not addressed by this agreement and will
be the result of future negotiations and -- because I can tell you if we enter into an
agreement without being real clear what we are agreeing to, we are going to be back in
mediation.
Nary: I would agree.
Rountree: Any other guidance, direction? Go ahead, Madam Mayor. One more time.
Mr. Bird? Are we comfortable, uncomfortable with moving ahead with an agreement
along the lines that Mr. Nary provided us with taking care of the risk as it relates to
performance bond and payment for services rendered and a clarification in the
agreement of what it is specifically we have agreed to pay, what it is specifically that are
remaining issues and have yet to be resolved?
Bird: Mr. President?
Rountree: And -- Mr. Bird?
Bird: I -- yeah. I think that would -- my big concern also still is to the bill of sale on the
material that's being purchased and we also -- they have done that with this certificate
of insurance and I think we -- what Mr. Nary said we move along and take a look at it
and when it comes back and see what they agree to, because I just don't want to get
caught in the comer again.
Rountree: So, assuming you craft an agreement and get them to sign it, then, you need
authorization to proceed with the payment in the amount of $374,288.64. Okay. That's
the rub. And I need a motion in order to proceed with that.
Bird: Mr. President?
Rountree: Mr. Bird.
Meridian City Council
December 15, 2009
Page 38 of 85
Bird: I am not making a motion or voting for a motion until I see it in writing.
Rountree: Okay.
Bird: Our -- our track record with this developer isn't that good.
Rountree: Mr. Nary.
Nary: Mr. President, Members of the Council, maybe again -- I understand the urgency
is not really ours. The urgency is really theirs. That's probably been a frustration for
me, with Mr. Barry, but part of this is the urgency has really been on this construction
company that, essentially, is 374,000 dollars in the red for work they have performed
and completed. So, I understand it's not our urgency. Would you -- and I understand
your concerns, Mr. Bird. You know, I told their attorney today it seems like every time
we have had this dance we have felt bumed, even if we haven't been bumed we felt --
haven't felt very good about it and how it's evolved. But would the Council be willing to
allow the Mayor and the Council President the authority to approve the agreement to go
forward for payment subject to your ratification, because if we wait until next Tuesday
when the Mayor isn't here and we wait until next Tuesday -- again, if you agree with the
agreement we won't get it processed during the week and if we can get it processed
before next Tuesday it would be nice to be done with this. But we could certainly bring
it back to the Mayor and the Council President. But if your preference is that you want it
as a group next Tuesday before you do anything, that's certainly your prerogative and
we will do that.
Hoaglun: Mr. President, just to weigh in on this, you know, I would like to have an
airtight agreement. I don't know if that's possible. I like that change that you have
suggested and that will certainly help. I think we are getting close. You know -- and I
understand the concern of this contractor. I mean they are on the hock and they have
got bills to pay and people to pay and maybe a bank to pay. I'm not sure. As long -- I
know there is some other issues that we have to resolve and Ican -- by separating this I
think that does take care of the current issues that we are dealing with with the
contractor with their contract. I'm -- I'm -- we could go to that point, but you guys have
much more experience in dealing with this issue than I do, so --
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I don't -- you know -- and I don't want to hold the money up from the contractor,
because, like you say, he has spent the money and he's out -- he's out, but you -- you
know, if we are just dealing with paying him and being done with it, I wouldn't have no
problem, but I -- I can't -- I could see working out a way that we can get him a deal, but
then, once you -- ones you pay him it gives -- we have no leverage and we all know that
we got to have some leverage.
Meridian City Council
December 15, 2009
Page 39 of 85
Hoaglun: Mr. President?
Rountree: Brad.
Hoaglun: If I might kind of inquire about that. I have been trying to think here, okay,
what are we giving up, you know, by doing this agreement this way, because that
worries me, too. We have to have leverage in this relationship. I mean that's just the
way this thing has gone and to be not taken advantage of, but I -- I haven't come to
grips with what are we giving up that we haven't given up already or we are still -- still
dealing with. So, that's where -- I don't know if there is a good leverage point that we
are giving up, then, we better not be doing it, because we need to hang onto it, but I
haven't found that leverage point yet.
Bird: One hundred twenty thousand in materials.
Rountree: To me we have been put in this position yet again by this particular
company. We don't have a contract with people that are sitting out there with 374,000
dollars worth of expenses. That's between the contractor and the developer. In my
opinion, if they need to be paid, the developer needs to pay them. I'm totally familiar
with cost a reimbursable program and you pay and you get repaid. All he's done is put
us in a situation where he doesn't want to pay, he just wants the city to put it in escrow,
so it doesn't -- he doesn't have to cash flow it. I'm in no hurry to meet his demands in
reality. I can appreciate where the contractor is and Iwould -- you know, it is the
charitable time of year, but given, again, our history here, it's not good. I know there
was a sense of additional litigation last week. I think it's there any way. I think it's going
to happen. I think if we make a payment to the escrow account to some degree I think,
again, we are enabling this individual to continue to manipulate the city. I'm not excited
about having that happen yet one more time. Now, that's his contract. We haven't
inked the same on this deal, because he wanted to go off on his own and do this on his
own. We had a process in place, we have an agreement in place, and, again, the
agreement has not been met and we are sitting here talking yet again about rewarding
the individual for not being able to meet his -- the terms of his agreement, his shake of
his hand, and his word. And I'm through with him personally, but I don't know how the
rest of the Council feels about it.
Bird: I'm with you, Charlie.
Rountree: David.
Zaremba: A question to Director Barry. Refresh my memory. Where are we in
inspecting and/or accepting the work that has been done?
Barry: Mr. Zaremba, the work that has been listed on this particular agreement is work
that has been inspected by our inspection team and has been accepted for the most
part barring punch list items. Those punch list items, as we talked last week, are items
that we feel comfortable can be covered by the retainage being withheld in this
Meridian City Council
December 15, 2009
Page 40 of 85
particular agreement, with the assumption that we don't have an unraveling of the punch
list items. What I mean by that is say that there is a small issue that we have identified
as small and as we get into the fixing of that particular issue additional issues are found
that we haven't yet seen. So, that's why the performance bond is important, as well as
the warranty, because that covers us in the event we find some major issue beyond
what could be covered in retainage, we would have a vehicle by which we can execute
required -- well, required fix for that work. You know, I -- I understand, if I may continue
for a moment, I understand that concem of the Council. I have the very same concerns
and although I -- my experience with this developer has not been of the tenure of yours,
it is, nonetheless, no different. Nevertheless, I believe that the leverage the Council
referred to is in the agreement as currently proposed by the city. I think that the legal
team and my staff have done a good job to insure that the typical assurances we would
normally get on a project have been included and I will enumerate them very quickly.
First of all, we were requiring that the developer maintain the performance bond with the
contractor. Second of all, that the developer would be required to execute the
performance bond at the city's request. And, third, that all lien releases for the city are
received within 30 days of execution of this agreement. Fourth. That the developer
would secure a bill of sale for the materials that's being stored -- purchased with this
agreement. Next, the developer would acquire a certificate of insurance, which was
discussed last week. Also, the developer would acquire written assurance that the
materials being stored will be secured. And, then, also that the developer would furnish
a written guarantee to the city to warranty all work covered in the agreement for a year's
time. Those are -- those are the big issues that we feel we are pretty close on. If those
are the issues that you also feel strongly about, which I believe most of them are, since
they were enumerated at last week's meeting, then, I think what we need to do is just
get back to Mr. Jewett and say that's the agreement, those are the terms, and those are
the issues important to the City Council and he can make his decision as to whether or
not he wants to enter into the agreement. I think the agreement as drafted is a good
agreement and does cover us for what would typically be covered under agreements of
this kind. So, I don't know if that helps at all with regard to alleviating some of the
concem or if it exacerbates it.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I have got a question, Bill. On that performance bond, is there any way at this late
date that -- see, Idon't -- we can get an agreement where we can require him to call in
the performance bond, but there is no guarantee we are going to get the money or get
the work done out of it, unless we have that -- is there a way we can -- I know we didn't
get it, but is there a way now at the late date that we can get our name on that
performance bond?
Nary: Mr. Bird, my recollection was I looked into that and I didn't think they could do
that.
Meridian City Council
December 15, 2009
Page 41 of 85
Bird: They can't do that?
Nary: No. That's what we discussed --
Bird: What assurance do we have if he calls in the performance bond on this contractor
that the money is going to be used for this project if we have already given the
contractor the money?
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: Isn't that the kind of thing that would have been covered in the original
reimbursement agreement that he has not signed?
Bird: It isn't signed.
Zaremba: I know. Well, that's -- he already has not agreed or by inaction hasn't
actively agreed to what we are asking.
Barry: Mr. President?
Rountree: Tom.
Barry: The reimbursement agreement that's generally drafted -- and Mr. Nary can,
please, correct me if I'm wrong -- generally includes terms very similar to those which
are included in this purchase agreement. The main difference here is that the
reimbursement agreement now that we use is an agreement that pays over time with
the collection of assessments made in the benefit area of the improvements where
those improvements are being installed. This particular agreement covers many -- a
great deal of those same very issues, things regarding warranty, things regarding the
performance bond, lien releases and those sorts of things. That is in this particular
agreement that's before you this evening that the city had drafted. That revised
agreement that we received from Mr. Jewett's attomey took some of those securities out
of the agreement, which is what I'm concerned about, and so from my standpoint I
would like to have the Council direct me per se or Mr. Nary to hold fast on what it was in
the agreement that we drafted and sent to Mr. Jewett's attomey or, alternatively, do our
best to strike some middle ground between our concems and Mr. Jewett's concems.
But, again, I think with regard to the reimbursement agreement, the purchase
agreement covers many of those very issues, which is why last week it was
recommended as the document to provide those assurances, unlike a purchase order,
which was originally suggested.
Rountree: Questions? Comments? Anybody have a clear vision on this? Somebody
want to attempt a motion?
Meridian City Council
December 15, 2009
Page 42 of 85
Bird: I'm not going to attempt a motion. Bring it back.
Rountree: Any direction you want to provide Tom and Bill?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Tom, I agree with you. I think -- I think this development agreement you guys
have got up I'd like to see it a little stronger, but I think it does protect us. I think you
have done a good job between legal and yourself and until I see his signature on there
airtight, I'm not voting for it. I'm not voting to -- I mean I will vote, but it is not going to be
positive. I mean I -- we have been backed into the fire so many times by this developer
and I'm tired of being backed in. It's -- when we are paying the money we should have
at least a 50 percent chance.
Rountree: Mr. Bird, I just need clarification on your comments in terms of what's been
drafted. What's been drafted that we see and what's been alluded to and listed by Tom
in his comments, those items that were in the original development agreement, as well
as --
Bird: I thought we was talking about the purchase agreement, Mr. President.
Rountree: Okay.
Bird: Is that what we are -- and, like Isay, I -- Mr. President, I -- I wish some of them
had a little more bite in them, but Icould -- I could live with this if they can agree to it,
but they haven't agreed to it. They have come back, if I understand, and wanted to pull
stuff out that we -- that I believe we need in there.
Nary: Mr. President, I guess that's -- and I don't disagree with you, Mr. Bird. If they will
agree to those conditions and sign this agreement tomorrow, do you want to wait
another week before we talk about it again? That's really the only issue I have a
concern with.
Bird: Mr. President?
Nary: If they will agree to everything the city is willing to do or want and they will sign it
tomorrow, I just don't want to be waiting another week to try to get this process done,
because part of the issue is these materials -- the longer we are holding them -- they
are going to return them and if -- and, then, we just, again, have a different issue and a
different problem. I don't want us to end up in -- I don't want anyone to end up in a
lawsuit. I don't want Mr. Jewett to end up in a lawsuit. But I don't want it to have some
court try to unravel what it's taken us hours to talk about when we can't figure -- and it
will cost way more money and time than if we could at least get out of the picture the
issues that really aren't contested by anybody. That's my only concern, Mr. Bird.
Meridian City Council
December 15, 2009
Page 43 of 85
Bird: Mr. President? And I have no problem with that, Bill. But, you know, we got -- we
got -- we spend lots of money on electronics and stuff and a-mails to every Councilman
and the Mayor saying it's been signed, it's been agreed to and everything -- what --
you're positive. Do it. Do you authorize the Mayor to sign and the Clerk to attest, we
can handle that, or a phone call?
Nary: Yeah. I can't do that.
De Weerd: We can't do that.
Nary: That's the problem. I need you folks to authorize the Mayor to do that today if we
get the agreement to what you want.
Rountree: Or we have to have another meeting.
Nary: But Ican't -- I couldn't do a meeting over the intemet, so I have to have your
direction here and if you don't want to do it, that's fine. But my only concern is if we can
-- if we can iron these -- these issues out in the next day or two and process this
payment before next Tuesday, that would be ideal. But I need your authority for the
Mayor to sign the agreement if they will agree to it. If they can't, that's their problem. I
mean it's not our problem, but --
Hoaglun: Mr. President?
Rountree: Brad.
Hoaglun: Let me try something. If it gets shot down it gets shot down. I move approval
of the purchase agreement with the conditions laid for this by Council and additional
terms as recommended by this Council and staff to be included and that if those
conditions are met and signed by the other party, then, that payment would be made not
to exceed $374,288.64.
Rountree: Is there a second?
Bird: I will second it.
Rountree: It's been moved and seconded to move forward with the purchase
agreement as stated by Councilman Hoaglun. Roll call vote?
Bird: Question. Discussion.
Rountree: Discussion.
Bird: Does that 374,000 include five percent retainage or exclude? I wasn't fast enough
in my head to add up those figures.
Meridian City Council
December 15, 2009
Page 44 of 85
Rountree: Tom, do you have an answer to that?
Barry: I do. I'm just verifying. I believe it excludes it on the pay application Exhibit D,
but I'm just verifying for the moment --
Bird: I couldn't add it up fast enough, Tom, in my head.
Bany: I believe that is correct, Mr. Bird, according to the pay application Exhibit D,
there have been retention minus that of the first three pay applications and, then, the
fourth pay application there is no retainage removed, because, again, that's for stored
material. But the motion also was a not to exceed, so we will doublecheck that as well.
Rountree: Further questions? Discussion? Roll call vote.
Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: THREE AYES. ONE NAY.
Item 8: Other Items
A. Public Hearing: Adopt PY2008 CDBG CAPER, Staff Report by:
Caleb Hood
Rountree: Thank you. We can move on hopefully. Next item is the -- let's see. Public
hearing. Public hearing for the adoption of the 2008 CDBG CAPER. And that would be
Caleb for that?
Hood: Mr. President, thank you. This the Consolidated Annual Performance and
Evaluation Report or the CAPER that is due to HUD by December 30th. The CAPER
tracks the degree to which entitlement communities, one, successfully implement that
year's action plan and, two, advance goals and objectives of the five year consolidated
plan. The CAPER does require a public hearing, which is going on right now. It was
opened on November 24th by the City Council. Staff has opposed the draft CAPER
report on line prior to this meeting. Going back several weeks ago it was opened
online. We have not received any comments to date. The request for tonight is to have
the Council seek any testimony on the draft CAPER and close the public hearing and
have the Council adopt the CAPER and, then, direct staff to prepare a resolution. Matt
did mention to me that he had some things with finance that he needs to get secured
away before that resolution is complete, but, essentially, he thinks he can do that within
the next few days here, get the resolution to legal and, then, put that on your Consent
Agenda next week, if that is the action you take. So, that's the staff report, unless you
have any questions.
Rountree: Any questions for Caleb?
Meridian City Council
December 15, 2009
Page 45 of 85
Bird: I have none.
Rountree: No questions. It is a public hearing. Is there anyone wishing to provide
public testimony on the CDBG CAPERs grant? Seeing none, I need a motion.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: Does the public hearing need to remain open for a period of time or can we
close it?
Rountree: It's timed out.
Bird: It's timed out.
Zaremba: I move we close the public hearing on the CDBG CAPER.
Hoaglun: Second.
Rountree: It's been moved and seconded to close the public hearing on Item 8-A. All
those in favor? Motion passes.
MOTION CARRIED: ALL AYES.
Rountree: Need a motion for adoption of the --
Zaremba: Mr. President?
Rountree: -- report and preparation of a resolution. Mr. Zaremba.
Zaremba: I move we adopt the report and request a resolution be prepared on Item 8-
A.
Hoaglun: Second.
Rountree: It's been moved and seconded to adapt the CDBG CAPERs report and for
staff to move forward with the preparation of a resolution. All those in favor? Opposed
same sign? Motion passes.
MOTION CARRIED: ALL AYES.
Rountree: Next item. 8-B.
Meridian City Council
December 15, 2009
Page 46 of 85
B. Continued Public Hearing from June 9, 2009: Meridian and Amity AZ
08-005 and VAR 08-008 by Hawkins Companies Located at the
Northwest Corner of West Amity Road and South Meridian Road,
Staff Report by: Planning Department
1. Continued Public Hearing: AZ 08-005: Meridian and Amity -
Request for Annexation and Zoning of 73.10 acres from RUT
in Ada County to R-15 (Medium High Density Residential)(5.68
acres), L-O (Limited Office) (3.22 acres) and C-C (Community
Business)(33.47 acres) Zoning Districts
2. Continued Public Hearing: VAR 08-008: Meridian and Amity -
Request for a Variance to UDC 11-3H-4 Which Prohibits New
Approaches From Directly Accessing a State Highway to Allow
Two Right-in/Right-out Access Points (approximately 660 Feet
from the North and South Intersections) and One Right-
in/Right-out/Left-in Access Point at the 1/4 mile to State
Highway 69/Meridian Road South of Harris Street
Bird: Mr. President?
Rountree: One and two. Mr. Bird.
Bird: I move we continue AZ 05-0 -- 08-005 and VAR 08-008 until March 2nd, 2010.
Hoaglun: Second.
Rountree: It's been moved and seconded to continue these public hearings on items 8-
A, one and two, that have been opened since June 9th. All those in favor?
Nary: Mr. President? Before you vote. Mr. President, Members of the Council, if you
don't mind, we had a discussion at our staff meeting today about noticing of this. This
has gone on for a long time. We have had a number of continuances that you're aware
of. Would the Council consider requiring as a condition of this continuance, again, that
the developer or the applicant renotice this hearing? Because if a neighbor had been
watching this there is no way they have kept track of this -- this thing. It's been open
since '08 and we just felt from the staffs perspective to be fair to the public that with this
long a delay that a requirement that they pay to renotice this project seemed
reasonable.
Bird: Motion maker would have no problem.
Rountree: Motion maker?
Bird: Would have no problem adding that to the motion.
Meridian City Council
December 15, 2009
Page 47 of 85
Hoaglun: Second is fine with that.
Nary: Thank you.
Rountree: Consider that added to the motion.
Bird: You bet.
Rountree: Does that need a roll call?
Bird: Yeah.
Rountree: Madam Clerk. Okay. Roll call vote.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 9: Continued Department Reports
A. Planning Department
1. Summary Staff Report of ACHD 2011-2015 Draft A of
Five Year Work Plan by: Caleb Hood
Rountree: Next item. Planning Department. Department reports. Item 9-1, summary
staff report ACHD.
Hood: Thank you, Mr. President, Mayor, Members of the Council.
Rountree: Caleb.
Hood: ACHD recently released Draft A of the five year work plan for fiscal year '11
through '15. I have summarized all the Meridian projects in Draft A in the table, which is
on the screen now. I'm going to highlight just a few of the projects, but first I wanted to
just make a couple of notes on this year's five year work plan, at least Draft A. First of
all, ACHD has across the board basically decreased project estimates on average of 20
to 25 percent, which allows for projects to proceed in the five year work plan and even
new projects to be added. Secondly, in Draft B ACHD will be designating which
projects will be the first ones to the chopping block should anticipated revenues and/or
construction cost and bids start to creep back up again. So, those will, essentially, be
graying out projects in Draft B of the ones that will not be -- go through design and right
of way if, again, cost or revenue -- if costs go up and revenue goes down or -- third, they
have increased the amount for maintenance and traffic materials in Draft A from last
year. I just want to make a note to -- it appears in Draft B that even more money per
year for overlays is likely. This generally means less money for new capital projects.
Meridian City Council
December 15, 2009
Page 48 of 85
So, less intersection projects, less bridges, et cetera. And, then, finally, a note there is
some balancing that program that staff still has to do among the years between design,
right of way, professional services and construction, just kind of balance the workload
over the five years of that -- of the program. So, I just want to highlight -- you know, it is
Draft A. It's -- eventually, the draft -- there will be changes through Draft B. I will
continue to tract those and we will bring you another staff report as Draft B is released.
So, now, quickly, to a couple of the projects on the list and where they are at in
construction years primarily. So, not all these projects I'm going to list are -- it's not all
inclusive from what I had provided in the memo and the spreadsheet for your packet
tonight, but I did want to highlight some of them for you, ones that we discussed for --
most of them several years now. The first one is Eagle, Victory to Ridenbaugh. It's the
city's number one priority project that we submitted to the highway district. It has been
delayed in previous years. ACHD is planning on advancing the construction timeline for
this project as of right now. In the adopted five year work plan the project is scheduled
to be bid in the fall of 2010 and completed in August of 2011. ACHD is proceeding with
updating the plan and beginning work on the Ridenbaugh crossing while there is no
irrigation water this winter. So, the total project will still not be complete until 2011, but
they have accelerated the project by approximately four to five months and the Victory-
Eagle intersection could be functioning as a three-by-three intersection by October
2010, about ten months earlier than originally anticipated. I know that intersection is a
key reason for this project and many intersections being a four way stop, it was pretty
bad. I do want to note that three by three is just temporary. They need to do the
roadway widening before they can open up to the full five-by-five intersection. So, it will
be a five by five, but they don't open it up like that until the entire project is done. I do
want to note the disclaimer ACHD is still evaluating this opportunity. Pipes would need
to be in place and revenue needs to be available and there are still pieces that need to
begin to fall in place for this to happen. But I'm optimistic and, again, we will continue to
track it and provide any updates as I deem necessary, I guess, or -- and if there is any
change to this I will bring that back to you. The second part that I wanted to highlight,
Ten Mile, Cherry to Ustick. In Draft A this roadway project is delayed one year from
2014 to 2015. However, a major piece of the project, the Ten Mile-Ustick intersection,
has been moved up in Draft A to be constructed in 2012. This is in accordance with
what we requested in our cover letter with our priority projects that they work on some of
the intersections around the Ten Mile interchange, so they are programming this
intersection for it to be ready for interchange traffic. Staff is supportive of the proposal
and it's the cities number one intersection priority project that we sent to them
constructed in that time frame. Quickly I wanted to note to just kind of, as a side note,
while we were in the Ten Mile comdor, on November 18th a notice to proceed on the
Ten Mile, Franklin to Cheny project, was given by ACRD. That project bid came in at
4.4 million. It had a 6.2 million dollar estimate. Some work will start this week and
Franklin Road will be closed beginning this Friday through December 24th for sewer
work. So, you're going to start to see the makings of that project here right away. The
third project that I wanted to mention and not too far away, just on the other side of I-84,
is there is a gap between the realigned Overland and the I-84 project that the state is
doing. Draft A shows this portion of the Ten Mile, Victory to Overland, project being
accelerated from unfunded to a construction year in 2011. Again, this project would
Meridian City Council
December 15, 2009
Page 49 of 85
insure that there is no gap as people get off the interstate or head south from the
interstate to the new Overland-Ten Mile intersection. At the direction of the ACHD
commission, their staff is proceeding with design and right of way for this project now.
Construction dollars will have to be acted on separately, but staff is proceeding with that
project. And the last one that I wanted to just highlight is the Ustick comdor. As the city
requested it, again, in our priority cover letter to ACHD, Ustick from Meridian to Eagle,
has significantly advanced in Draft A. Ustick, Locust Grove to Leslie Way, has
advanced from unfunded in the currently adopted five year work plan to a construction
year of 2013. That project does include a rebuild of the Ustick-Locust Grove
intersection. The second mile segment, Ustick, Meridian to Locust Grove, has
advanced again, but unfunded in the adopted five year to construction in 2015 in Draft A
and that project includes the Ustick-Meridian intersection as a brand new intersection
there. And, then, the third mile, Ustick, Duane Drive to Five Mile, has advanced from
unfunded in the adopted five year work plan to construction in 2015 in Draft A. Those
projects were the city's number ten, 11 and 12 roadway priority projects. I highlighted
those because they jump straight from unfunded to construction years that are on the
horizon. Just a couple of other quick notes. Projects that are proceeding as planned in
the adopted five year work plan. Downtown split corridor phase two, which is the city's
number two roadway priority, construction is still showing in 2013. Franklin, Ten Mile to
Linder, which is the city's number four roadway priority, is still programmed for
construction in 2012. The Pine-Linder intersection -- Pine-Linder intersection, again, is
construction in 2012. So, there is no change there. And the McMillan-Locust Grove
intersection is programmed for construction in 2011. So, again, I will continue to track
Draft B as that's released. Programming staff has told me that they will have that draft
by the first Wednesday in January, so I imagine for your workshop in January I will be
providing some update on Draft B and seeing if there are any comments you want to
forward on. Are there any comments in Draft A that you would like me to make to
ACHD staff? I know it was a quick staff report. I don't know -- I hope you have all had a
chance to go through the packet. Again, this document that (prepared -- you know,
hopefully, with some help it shows -- you know, any changes were in bold there on the
far right-hand column. For the most part I think it's pretty positive with those couple of
disclaimers that, you know, revenue still has to continue on and bids still have to be
coming in below some of the estimates. But any comments you would like me to
forward on or any questions?
Rountree: Any comments of Caleb?
Bird: I have none.
Rountree: Caleb, my comment is good job and to Gary as well that I think the
committee listened and we had some recommendations that they took to heart and we
appreciate that. Thank you.
2. Overland Road Design -Median and Access Discussion
with Staff and Property Owners by: Anna Canning
Meridian City Council
December 15, 2009
Page 50 of 85
Rountree: Next item. Overland Road design. Median and access discussion. Staff
and property owners. How many property owners do we have this evening? Just a
show of hands. Thank you. Anna.
Canning: Thank you, sir. Council President, Madam Mayor, Members of the Council,
as you know, 2007 the city adopted the Ten Mile interchange specific area plan and as
part of that plan some of the arterial roadways were planned to have medians and as
the South Ridge property has developed and Overland Road was reconstructed you
had conversations with that developer about the maintenance of those medians. We
haven't had an opportunity to allow some of the property owners on the north side of
Overland to come and talk to you and the purpose of tonight is just to really allow an
opportunity for those residents to speak to you outside of the original Ten Mile process.
Many of the property owners were not involved in the charrette process. What's kind of
prompting it at this time is that ACHD is preparing to finalize the design for phase two of
the Overland Road, which goes from Ten Mile to Linder, with plans to construct a
northern travel lane and associated improvements, those being center median, curb,
gutter, sidewalk for 2011. So, ACHD commission has scheduled a public hearing for
tomorrow and I -- and, again, we just wanted to let the owners have an opportunity to
talk to Council prior to that hearing. In the memo that was prepared for you -- and it's
got my name on it, but Caleb was kind enough to prepare the memo for me -- but in the
memo that Caleb prepared there is a pros and cons list and I'm going to go through that
very briefly. First of all, let me point out the neighbors that are here. Mr. Powell is here.
Mr. Blomberg is here. Mr. Van Auker is here. Mr. Lee is not here and (believe -- and I
apologize, I think the tenant on one of the properties is here as well. Now, getting back
to the pros and cons list. I will start talking when Caleb winds it up for me. On the pro
side ACHD is going to install the ultimate complete street section, including the
medians, at this time with their project in 2011. The long term access management
provisions for Overland Road will be in place immediately and they will not have to
restrict access in the future. After the interchange opens, the Overland Road traffic
volumes are expected to increase significantly and those medians will make for efficient
traffic movement. If not installed with the roadway project, there is no practical
mechanism to require the installation of the center median as properties develop in the
city and I think that's an important one for the planning staff. Installation would be
consistent with the medians on Ten Mile Road and Franklin Road widening projects that
are moving into construction in this area. This area being the Ten Mile specific area
plan. Left turning movements become more difficult and dangerous on high volume
roadways. Design radii could be accommodated for larger vehicle to make right-in,
right-out movements. The city has a plan envisioned for this area that includes medians
in Overland Road. And on the con side, that being don't construct medians at this point,
we have tried to articulate some of the residents' concerns, but I'm hoping and
anticipating that they will articulate them further. Number one was the cost to the city
and ACRD or taxpayers to install and maintain the landscape medians as not an
efficient use of money now or into the future. Medians and limited access hampers
development potential of the property. Properties in this area are largely undeveloped
and have very few trips per day in and out from Overland. Allowing full access will not
impact the efficiency of the road at this point. The medians could be installed at a future
Meridian City Council
December 15, 2009
Page 51 of 85
date or not at all. This would be the only section of Overland in Ada County with
landscape medians. It would be out of place. It will take longer for emergency services
to access property. Long-term residents and owners have not developed and would be
impacted by restricted access. Many have large farm equipment and vehicles that
require big turning radii. Property has already been negatively impacted by government
as property was taken for I-84 and Overland already. So, again, this was mostly an
opportunity for some of the property owners to come and speak before Council and we
hope you will listen to them and give staff some direction for the ACRD hearing
tomorrow. With that I will answer any questions you may have.
Rountree: Any questions for Anna?
Bird: I have none at this time.
Rountree: Anna, probably more for Caleb and if he would address the discussion we
had at the kick off of the meeting about the master plan and/or type of roadway in the
typical section that's proposed for this.
Hood: Council President, Mayor, Members of the Council, the Master Street Map does
depict, consistent with the Ten Mile interchange specific area plan, medians on
Overland, Franklin, and Ten Mile sections. Not all sections, but cross-sections of them.
So, those -- this section particularly is one of those planned commercial roadways with
a center median, no parking alongside both center landscape medians.
Rountree: And that's the ultimate vision?
Hood: Correct.
Rountree: Now, I guess I want a definitional thing here. Currently, Overland does not
have medians, but it has a turn lane. The section we are talking about tonight has four
lanes and the process that ACRD is undergoing now is to acquire right of way to add
the fifth lane, that may or may not be a median; is that correct?
Hood: Council President, Madam Mayor, Members of the Council, Overland is split into
two phases and phase one basically breaks somewhere in here and goes back towards
Ten Mile. You're correct. I mean the north -- the north lane and associated
improvements, curb, gutter, sidewalk, etc., would be back to the east on Linder Road.
Again, those improvements stop with phase one right in this area where the beginnings
of that center median have already been constructed. So, that's on the table and
discussion is, again, going back to the east. I hope that answers the question. But
there is only two lanes right now on that section. I mean that's really what's talking
being -- sorry. Those two lanes that wasn't -- that's what ACHD is trying to do is that
additional lane is --
Rountree: As a fifth lane?
Meridian City Council
December 15, 2009
Page 52 of 85
Hood: A fifth lane. Yeah.
Rountree: Okay.
Hood: These property owners --
Rountree: I got the nod from Gary. Thank you.
Hoaglun: Mr. President, that brings up a question I have for Caleb. I see here on the
south side the collectors were there approved, so it looks like ACHD, we -- whoever is
involved in that will there be controlled access onto this roadway, we will be trying to
design points where they can be -- both north and south will meet up and possibly align
at mid point and those types of things that we try to do; is that correct?
Hood: Yes. Mr. President, Madam Mayor, Councilman Hoaglun, that is correct. I think
Anna is going to bring up the -- a sample on the Ten Mile plan, although that median
that I start to point out at the curb of Overland would essentially go back and stop
whatever that distance is from where the collector is shown on here, there will be a
center median essentially that will run somewhere to here, break, and, then, another
one will run somewhere to here and break and, then, you will have -- so, you will have
those access points on either side, so you can make those full tuming movements at
both of these locations and, then, the long-term vision is for there to be roadways on the
north side of Overland that, then, loop back around. Something like this. So, you have
a four -- four leg intersection in the future as those properties develop. Now, that scale
is kind of small, but with that roadway, again, would be something like that with breaks
in the median on Overland Road to allow those full tum to have been in these general
locations.
Hoaglun: I guess just to think out loud if I might, Mr. President, for controlling access, is
that not doing the job that the medians would do if you have multiple access points on a
road where you have high volume of traffic, are we -- are we diminishing the need for
medians if we are having strict control of access points? I don't know.
Hood: Mr. President, Councilman Hoaglun, Madam Mayor, Members of the Council, it's
almost a phased approach, too, because now those properties have annexed yet into
the city. ACRD will retain those existing -- the current accesses will, essentially, be
retained, they will just be restricted to right-in, right-out. Over time as those properties
develop, then, you're looking at that second phase of your right-in, right-out now goes
away and all full accesses are from these other locations. Now, right-in, right-out may
be granted, but that doesn't grandfather you in, so to speak, with any driveways that's
there today. So, most of the access management policies say you want to limit those
access points and you want to restrict the tuming movement to have that efficient
roadway network for the arterial sections.
Rountree: Any other questions? Comments?
Meridian City Council
December 15, 2009
Page 53 of 85
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: Now, who came up with the pros and cons list?
Hood: Mr. President, Madam Mayor, that would be me.
De Weerd: Okay. Under cons, number eight, did someone take the land for I-84? Was
it not reimbursed?
Hood: Mr. President, Madam Mayor, a lot of that was paraphrasing. We had a meeting
with the property owners last Monday, Tuesday -- about a week ago anyways and those
were, essentially, words -- and I wasn't trying to put words in people's mouths, but that
was, essentially, what came -- the cons list was, essentially, generated from that
meeting, what I heard from property owners. I don't know how compensation was --
happened for I-84, it was just -- that was some of the language that was used. You
could probably talk to them further about that, but --
De Weerd: Well, I would hope that that wasn't a condemnation act and no one was
reimbursed for their land. I think that was -- I will ask the property owners.
Rountree: Madam Mayor, I can tell you it could very well have been a condemnation,
but they were reimbursed for their property at fair market value.
De Weerd: Okay. Well, when Isee --
Rountree: Back in the '60s.
De Weerd: Well, when I see taken, I mean that's taken and you're not paid. So, when
we put a list together let's make sure it's at least -- maybe that's what you all said, but I
want to make sure we are not misleading any discussion here. Earlier today when I
was looking for a different a-mail I did come across dates of when we talked about this.
It was brought to our planning department's attention when Mr. Jewett was applying for
South Ridge and he was recommending -- and I don't know if it was through
conversations with staff, because this was an entry comdor, but recommending the
center medians, landscape medians, and Steve Siddoway, who was with the planning
department at that time, came and gave a department report in August 8th, 2006. I had
asked for the minutes. I just looked them up as we were sitting here. But this Council
had a discussion on entry corridors and reinforced with our parks director who wanted
to know if there were medians placed in there what the responsibility and the interest of
the City Council was at that time. Two of these City Council members weren't sitting
here, but we have had this conversation since, then, several times about entry comdors
and center medians and what we want to do and for gateway entrance. It was also a
discussion during the Ten Mile area specific plan. So, this is not new. We did have an
e-mail from Brad Miller in July of 2006, who opposed it, but he didn't come to the
Meridian City Council
December 15, 2009
Page 54 of 85
meeting that Mr. Siddoway mentioned he would be giving a presentation. So, this
information has been out there. I guess that's what my comments are regarding is this
is not new, it was part of the public hearing for South Ridge, it was part of the public
hearings for the Ten Mile area specific plan and it has been on a number of department
reports to, again, ask Council, because it's not going to cost us zero, it's going to cost us
for landscape treatment and ongoing maintenance and that's why it's been in front of
this Council a number of times. So, I do want to preface the conversation, so that the
public that is here to talk with us tonight does know we have had these conversations
and it has been public noticed, just so you know we have had conversations in the past.
And I did specifically look that up, because I knew that Paul was really angry. So, when
he's angry I take notice. Probably, Ron, too, but --
Rountree: Thank you, Madam Mayor. You have done a good job of summarizing what
I believe is a correct and accurate history of what's taken place. This is not a public
hearing. We have been asked to provide an opportunity for the folks on this alignment
to express their desires. I will run it much like a public hearing. Our hearing rules will
provide you an opportunity to provide testimony or comments to the Council for three
minutes, at which time we will ask questions and -- and this is not a decision making
forum at this point, but we will, hopefully, have some guidance after we hear from you
all and deliberate on what we have done in the past. I do not -- I'm told that Mr. Lee or
his representative is not here. So, I'm going from left to right here. Mr. Van Auker, do
you want to provide us with some comments?
De Weerd: Did I mention that Mr. Miller had strongly opposed it in his a-mail?
Rountree: No.
De Weerd: Okay.
Rountree: But I think we knew that.
De Weerd: I just wanted to let him know that I did note his a-mail.
Rountree: Good evening. Ron, if you would give us your name and address for the
record.
Van Auker: Ron Van Auker, Junior. 3084 East Lanark.
Rountree: Thank you.
Van Auker: Meridian. Thanks for providing us an opportunity to, again, voice our
opinion. Surprised you didn't hear my dad through osmosis when this --
Rountree: I have.
Meridian City Council
December 15, 2009
Page 55 of 85
Van Auker: But, you know, we have opposed it -- we have been against the idea of
medians for several reasons. We are a developer of large warehouse industrial
buildings. They are starting to get a lot more esthetically attractive thanks to the
planning and design review of the department. We are not complaining, because it kind
of helps us sell our product and --
Rountree: That's good to hear.
Van Auker: But there is -- this is a big issue, because we are trying to move in large
trucks, 53 foot semi trucks, sometimes doubles. We lease to large clients, like FedEx
and other big trucking companies, that pull -- I'm not saying this is going to be a trucking
site, but it could develop that way and if you're trying to move a triple and make turning
movements -- left-hand turning movements across oncoming traffic, we just kind of see
it as an opportunity for disaster and we feel that limited access and medians really
impede growth and hurt the commerce and industrial -- both industrial and commercial
areas, because the traffic centers they are also having to accommodate large trucks as
well and moving large trucks across traffic again is not fun to do. If we are not providing
ample access to our property it's going to be really difficult to lease or sell that property
and you could end up with property that never develops and I think the idea of medians
on this street may be -- maybe in 20 years it would be prudent as property changes and
the use changes over time. You know, our idea, you know, let the property develop like
-- like it needs to be developed today, not how it's going to be developed 20 years from
now. So, medians are prudent in residential developments, I think they add a lot of
amenity to residential and light commercial developments, but industrial and heavy high
traffic commercial centers it's just a burden, in our opinion. So, kind of what I came to
talk about.
Rountree: Any questions for --
Van Auker: That was perfect.
Rountree: Good job.
Bird: I have none.
Van Auker: I was in Toastmasters, by the way, so --
Rountree: All right.
De Weerd: Good job.
Rountree: Had that internal clock down.
De Weerd: Can we rate him now? I didn't hear any uhs or urns or --
Van Auker: Thank you.
Meridian City Council
December 15, 2009
Page 56 of 85
De Weerd: So --
Rountree: Thanks, Ron.
Van Auker: That's it?
Rountree: Yeah. That was too easy.
Van Auker: Do you want me to leave the letter?
Rountree: If you would, please. Yeah.
De Weerd: With the clerk.
Rountree: With the clerk. The next name I have is Blomberg. If you would give us your
name and address for the record.
Blomberg: Yes. My name the Paul Blomberg and I reside at 532 East Forest Ridge
Drive in Meridian and I appreciate the opportunity to be here and I have got some
concerns. I have been in the transportation business for over 40 years. I sold out last
year. We always were in excess of a hundred truck carrier and I got to know the ins
and outs of what is needed for -- to meet commerce needs. Besides that, I have been
in the farming business in a limited way and I know we also need an amount of room
needed to move equipment in and out and when I seen that we are going to talk about
putting medians in the middle there -- in fact, it's the only place from Federal Way all the
way to Ten Mile that this would be and it's only going to be a short distance at that, I got
very concerned and, then, a few other issues concerning some of the issues -- this
project I thought needed to be brought to everybody's attention and needed to be talked
about. I would ask that you review your decision, especially median accesses and the
size of access from the property into Overland. I can see with median accesses for the
truck, the 53 foot trailer trying to make a turn around, it won't make it. You got
somebody going 50, 60 miles an hour and you're going to,have a real tragedy. We tried
to be involved in this project all along. Attended quite a few South Ridge hearings and it
was not a very productive time, so kind of backed off to this point. So, I would ask that
-- we thank you for being here, listening to my testimony. And any questions?
Rountree: Any questions?
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I think what Mr. Blomberg and Mr. Van Auker have not mentioned is some
of the challenges of today as well and maybe since we have already had a conversation
Meridian City Council
December 15, 2009
Page 57 of 85
about the landowner across the street or the developer across the street, there was
placement of fire hydrants that have caused some consternation.
Blomberg: Well, I got it figured out.
De Weerd: You did?
Blomberg: Yeah. ACHD took away our irrigation and the City of Meridian brought this
fire hydrant and put it right in the middle of our irrigation ditch. So, we will just tum it on
next spring and that's how we are going to irrigate our ten acres, so --
De Weerd: You're so creative. Thank you. I did know that you have had conversations
with staff and are these items -- issues --
Blomberg: It has been very productive in the last week.
De Weerd: Thank you.
Blomberg: And I thank you.
Rountree: Any other questions? Comments?
Bird: I have none.
Blomberg: Thank you.
De Weerd: We will charge you for that water.
Rountree: It's very expensive. And the next name Powell. Mr. Powell.
Powell: My name is Daniel Powell. I live at 1690 West Overland with my parents. They
are 95 and 91. One of the issues that I had about not being able to tum left was in case
of emergency. Five minutes might save their life if that has to be. We also have a farm
there. Pasture. And we don't grow any hay ourselves and so we have to have hay
trucks bring in our baled hay, you know, and we have horse trailers that we have to go
out -- I mean they are not 53 feet long, but I mean, you know, Ican -- you know, my
horse trailer and my pickup trying to tum left going down the road, I mean I have lived
there 55 years and I think for this body to make a decision that I can't do that -- I'm the
one that said they took our property. They took seven acres from us. Yeah, they paid
us, but we didn't want to sell and they took seven acres again and we -- my mom and
dad went to court and wanted more money -- all the neighbors went to court, but they
only gave us the same amount. So, far they have taken 14 acres. I say taken because
we didn't solicit the sale, we didn't want to sell it. I feel kind of like I'm getting forced all
the time. Now, I'm going to be forced to tum right and go down and waste more gas,
pollute more air, to tum around and go to work. I just don't want to see the medians --
Meridian City Council
December 15, 2009
Page 58 of 85
at least if you got medians let us tum left out of our own personnel driveways. That's all
the comment I have.
Rountree: Any comments, questions for Mr. Powell?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Mr. Powell, just one question. You say they took seven and, then, seven? Was
that for the original in '68 when they took the original freeway?
Powell: The freeway went through and they took seven acres off of that. They left us a
little piece of ground -- I forget what -- you would have to ask my dad -- went from
nothing to like seven feet. That just kind of went away. I don't think they paid us for it.
The guy across the street absorbed it. When they did Linder and the other part they put
that settling pond you can see up there that was two acres and five acres to widen un
part of Linder Road and they also took -- that road used to come -- it came from five
lanes down to two lanes until this year and they left me an imgation ditch -- I struggle
with that all the time. They put headgates on there that are backwards and I'm
supposed to stop the water off here, I have water running into my pasture that stays
there all year around. It's whenever I have the water, excuse me, for the week's time
that I have the water, it mushy, I can't have my stock out there, it breeds mosquitoes,
because they put the gates in backwards. It's like putting your finger over into the high
pressure hose. I got three of those. And now this year I don't even have to worry about
it, because they took the ditch completely away. When they widened that road the
property used to come down here and have quite a steep hill, they have now made it so
that it's a gentle slope. Well, now that ditch that used to be there is three feet below
where it needs to be. I don't know how we are going to get water up in. We got around
nine or ten acres that needs water. Somebody said they made a mistake. Well, yeah.
Who does that impact? Not you guys necessarily, just us more little guys that sit there
and you take this. Well, yeah, we will pay you for it. I want your leather coat. I will give
you a dollar. Well, it's worth 50 dollars. Well, I will give you 20 dollars, then, and if you
want more, go to court. I mean I feel like it's pushed down my throat. I'm sorry. I'm
getting a little emotional, but --
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: In regards to the irrigation, and, Mr. Rountree, correct me if I'm wrong, but
they have to make sure that those facilities are in and functional. If they are not, I'm
sure we could get you a point of contact.
Powell: That's what I understand is supposed to be as good or better. I asked them if
they could put a stand pipe in there and they says we cannot put a stand pipe along that
Meridian City Council
December 15, 2009
Page 59 of 85
road, because we need the thing for a borrow pit, and so they can't close it up and put a
pipe, you know, to raise the water up, because they need the borrow pit there and so
they can't do that. Now, I don't know what they are going to do. We had a guy make a
proposal they want to move those ditches out 15 feet into our property, again, you
know, and I don't know what they are going to come up with. I mean all I know is we
don't have a ditch, we won't have -- like you say, you put a fire hydrant in the middle of
the ditch. Well, I don't know, come April how we are going to get water. Am I just
suppose to run it down the ditch -- run it down the borrow pit?
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: If someone on staff can help Mr. Powell in finding out answers to the
irrigation issues and help advocate on his behalf that would be appropriate.
Rountree: And I think Gary probably is taking notes on that and will see what can be
done there.
Bird: That's right.
De Weerd: Hopefully we can get you some answers.
Rountree: But thank you for being here.
Powell: Thank you.
Rountree: And I don't have the last name, but the gentleman in the plaid shirt.
Tipton: My name is Ron Tipton. I lease the piece of property from Paul and farm that
and everything there. And my concerns is the same as the other guys. You know, we
move cattle in off the road there in and out. With the median, you know, cattle truck
comes in or comes out we won't be able to get in and out of our property. The irrigation
is a problem, but, you know, hopefully, we can get that worked out. But our biggest deal
is that's still farming out there. You know, if you look at your map you don't see any
development or' nothing. That's going to be in today. It's going to be ten years down
the road, 20 years down the road, and we are putting medians in three-quarters of a
mile. You know from there to Franklin or whatever it is down there Federal Way there is
no medians. I can see a fifth lane, you know, if they need that, but, if nothing else, I'd
just as soon leave it like it is, the four lane, and they won't eat up anymore of our
property. You know, each time you turn around they want to buy more property in the
front and cut down our land as it is, you know. But the engineers or that -- and I visited
with them and I have visited with Brown Construction on the irrigation, they admitted
they screwed up. They cut the roads down 18 inches. The ditch used to be at the
borrow pit. You know, that was the imgation -- the water came down right next to it.
Well, they cut the road down 18 inches and the engineer he had it in his plan that they
Meridian City Council
December 15, 2009
Page 60 of 85
were going to do the other section at the same time where they were going to buy the
property, move everything that 18 more feet frontage and put a new ditch underground
up there. Well, now, you know, who is to say we are going to sell that property or the
Powells. I'm a son-in-law of the Powells. You know, the whole family is right there.
And so we farm all that land and irrigate it and run cows on it and so what if we don't sell
that land for five more years. You know, unless you guys force us to sell the land. But,
you know, maybe we don't want to sell that land to put the fifth lane. If it's not going to
help us out why would we sell the land to put a median in front of us where we can't turn
out? Now, it doesn't make sense. But they made the mistake. They did a terrible job
with the irrigation before. We fought it for the last year. Now, we got one that they have
to move the ditch up on our property to get the water level to flow into the front pasture
because they cut the road down 18 inches, so they can't get the water there. They can't
make the water go uphill, so -- and they admit that it was their screw up. They know it.
They don't know what they are going to do about it, but now we got to give up part of
our pasture and put a ditch in there that we got to maintain -- can I keep on for a
second? -- that we got to maintain and if any of guys have been farmers, ditches and
cows become a problem all the time. You're always cleaning them out, because that's
the places the cows like to walk. They will walk through the ditches all the time, so that
-- you know, so that makes more hassle for us, you know. So, if -- plus, they got to
move the ditch clear in on our property. Now, we got to move the water different
directions than it used to be before. You know, if they would have made allowances to
keep that out there where it was and put it in for -- so they can have headgates going
out to our property, that's fine. Where our headgate was our box out front, they put a
fire hydrant right in the middle of it. Any contractor or anybody would have looked and
said, well, gosh, why ain't we putting the ditch right -- or fire hydrant right in the middle
of a ditch? I mean somebody should have said, hum, this don't make sense to me.
They tore out my headgate, my big box, and I had lined with -- with concrete to keep it
from washing the banks away and they dug that all out and put a fire hydrant right in the
middle of it. Now, somebody should have asked somebody or said, you know, does this
make sense? You know, because you can't run a head of water around a fire hydrant,
you know, pretty quick it's going to wash it away. But now we are fighting this issue.
Come April we either got to give up more land for them to put the irrigation ditch in or do
something to get water. You know, there is 28 acres there, plus the neighbor next to us.
Fred's place can't get water. The five acres behind him can't get water until they get it
across our property. So, all that water has got to be rerouted through our property to
make it work. So, everything they have done has just been something that has to take
away from us and the imgation system they put in before we talked to Ada County they
came out and looked at it and said, well, that's the best we can do. We had the
inspector come out and he said, well, that's the best we can do. With water spraying
out of the headgate and, you know, it just makes a mosquito mess. It just makes a soft
pasture, because there is no way they can shut the headgate off, because it's going the
wrong way, the water is pushing against the tin, pushing the tin away and just spraying
out. Now, if that headgate was the other way for the water to push against the middle, it
would --
Rountree: Ron. Ron, I'm going to cut you off.
Meridian City Council
December 15, 2009
Page 61 of 85
Tipton: I'm sorry.
Rountree: We hear you. We hear you. I just want to -- one of my advise to folks is
sometimes less is better.
Tipton: Yeah. You know, we just have a lot of problems out there.
Rountree: We understand.
Tipton: And, you know, we're just fighting them every time we tum around with this
development.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Ron, have you guys talked to Nampa-Meridian? That's who is responsible for
supplying the irrigation to you and what can -- isn't there anything -- I mean they have
got to supply irrigation water to you guys.
Tipton: Exactly.
Bird: And not just yourself, but the ones behind you and stuff and I agree with you, I
wouldn't want no ditch going through the middle of my pasture either, because it's
worthless.
Tipton: Yeah.
Bird: That's why they have ditches on the outside by the fences.
Tipton: Exactly.
Bird: I just --
Rountree: You know, I'm -- this irrigation issue is an issue, I understand that, but we are
not going to solve that tonight. There is a gentleman out there in the audience that's
going to get it solved for you.
Tipton: We hope so.
Rountree: And he can take that to his commissioners tomorrow night and explain to
them what the difficulty is.
Tipton: Yeah. But it's just one deal after the other.
Meridian City Council
December 15, 2009
Page 62 of 85
Rountree: Yeah. I understand.
Tipton: The medians one deal -- I'm done. Thank you.
Rountree: Thank you. Thank you. Any other questions or comments? This isn't a
public hearing, but anything else on your mind? Any direction? You know, we have
heard the issue about the median, but we have also heard some of the issues as it
relates to -- and it's not the first time we have heard the issue of irrigation and
development and the people on the other side of the street or next door that aren't
developed and the impact it has on them, but we can provide some guidance and, Gary,
correct me if I'm wrong, but your commission is meeting on this topic tomorrow night?
And the topic is whether or not to have raised medians or landscaped medians? If you
could come up and --
Inselman: President, Council, Gary Inselman representing Ada County Highway
District. That's correct. Our commission is meeting tomorrow night to make the
decision on whether or not they would allow the medians. They heard the issue with the
South Ridge development and deferred a decision until a later date when the
construction of the road was more imminent. So, tomorrow is that meeting.
Rountree: Any questions for Gary?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Gary, will this be a public hearing where the people could testify?
Inselman: It's a public meeting. It's not a public hearing, but we will take public
testimony and, then, they will deliberate.
Bird: Thank you.
Hood: Mr. President, Madam Mayor, Members of the Council --
Rountree: Caleb. Yes.
Hood: I am planning on attending that meeting.
Rountree: Okay.
Hood: Dave is -- obviously can forward all those comments. I am prepared to -- if you
want me to go to that meeting and provide testimony to the commission, too, so that's
another reason that this is on the agenda. Again, I have already stated that Gary could
forward that on, but I can also get up and represent the city and make any points that
you -- irrigation is already on my list. If there are others that you would like me to make
Meridian City Council
December 15, 2009
Page 63 of 85
particularly regarding support of the medians or not support of the medians, you prefer
to go in a different direction, but I will be at that meeting, so --
Rountree: Any guidance or questions or comments for Gary or, if not, he can go ahead
and sit down.
Inselman: If I may, I can assure you we are well aware of the imgation issues. It was a
developer cooperative project that the developer's engineer is responsible to fix the
situation. We won't accept the work until it is resolved. We won't release the
developer's surety until it is resolved, so we are pursuing a solution.
De Weerd: Sounds familiar.
Inselman: And it's the same developer, so -- but we are -- we are well aware of the
issues -- the issues of the past project, which was an ACRD project. I was just made
aware of through this project this year. I do find the answer that the gentleman got
unacceptable. We will -- we are trying to resolve that as well and, ultimately, with the
full build out of the road and it will get resolved, but we will find an acceptable interim
solution for next irrigation season.
Rountree: My last question for you, Gary. The question is not the expansion of the
roadway, the question is whether or not that tum lane is a median. Correct?
Inselman: Before our commission tomorrow night that is the only question. Do we
install a median or not.
Rountree: So, the plan is to continue the typical section that exists on Overland through
that section, which is a five lane curb, gutter -- an urban section curb, gutter, and
sidewalk or at least curb and gutter?
Inselman: That's correct. We would build it through the five lanes, curb, and gutter and
sidewalk as the properties develop.
Rountree: Okay. As they develop.
Inselman: Yes.
Rountree: Okay.
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: Gary, was it also the question if the -- number one, if the -- their road should
have medians. Number two, if they should go in now or as the property to the north
Meridian City Council
December 15, 2009
Page 64 of 85
develops is that also a question or is it just do we have a medians or not -- not a timing
issue?
Inselman: Mr. President, Madam Mayor, as we have phrased the issue to our
commission it's do we install them now or not. A timing approach we haven't really
considered, because, as your staff has indicated, there is an issue with how do you
implement that and we have not, I guess, thought that through a way that we could do
that.
Rountree: I believe your typical section in terms of your vision for that type of road,
depending on how it develops, and ultimately the traffic volumes would allow for the
provision of at least the minimum raised medians, if you will. Maybe not landscape
medians. Much as what's proposed for Eagle Road at some point in time in the future
when money can be found to do it.
Inselman: Right. Mr. President, maybe I can clarify that it should be who would pay
and who would can construct them in the future.
Rountree: That's always the question. Always the question.
Inselman: If we do it now it's easier. If we wait and try to do it piecemeal as foreign
properties develop, then, it's -- you know, do we make them build them or the city and
the highway district share those costs? We haven't worked that out with this body, so --
Rountree: Any other questions for Gary?
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: In running back to the TLIP presentation that we had earlier, it looks like the
direction we are going is that arterials would have medians built in them. Whether or
not it's landscaped is a different issue, but Ijust -- this kind of issue is going to come up
along many of the arterials that have not yet changed from their rural use to an urban
use and, you know, as we say, we understand the need for medians on Eagle Road and
perhaps Fairview Road, because of how busy they are now, but do we need to
reconsider whether medians should be on arterials yet or what do we need to do about
that?
Inselman: Mr. President, Councilman Zaremba, in this case we are trying to implement
your Ten Mile plan where you envisioned having the medians and --
Zaremba: Yeah.
Inselman: So, if the -- you know, if the Council decided they didn't want to maintain
those and didn't want them, we certainly wouldn't build them.
Meridian City Council
December 15, 2009
Page 65 of 85
Zaremba: It is part of the plan and I guess that's --
Inselman: The landscape medians.
Zaremba: I interrupted. Caleb was going to --
Hood: Mr. President, I just want to make a point of clarification for the Council. I didn't
want to confuse some of the earlier presentation on the Master Street Map and make
you think that all arterials had center landscape medians. In fact, the Ten Mile and
Eagle Road I think are the only arterials in the city and our area of impact where we
have landscape medians planned. We had that discussion I think that may be even that
same meeting that Steve -- and we talked about do we want to -- how many do we
really want to landscape and Franklin, Ten Mile, and Overland in this area were,
essentially, the corridors that we are looking at. Now, there may be medians that aren't
landscaped that get put in with some arterial roadway widening projects, they may or
may not be for traffic related purposes, because volumes -- you want people to tum out
of them, you're going to put a raised median in. There are no other plans, though, for
them to be landscaped and maintained by the city. At least at this point. So, I just
wanted to make that point clear, that our -- we are not making all arterials this scenario.
This is specific to the Ten Mile interchange study.
De Weerd: Mr. President?
Rountree: Madam Mayor.
De Weerd: I guess what we hadn't discussed is not what if, I mean should they be there
or not. It was the timing issue. And, you know, I don't know how you have addressed
this or if it's even come up in a timing issue has rural has transitioned into urban where
these landscape islands -- if you take Eagle Road, for example, that's urban. You're not
going to want to put a farm machine out on that road and figure out how you're going to
get a turn movement or how they are going to tum that piece of equipment around to go
the other direction. So, has the commission had discussions about how you do that?
Inselman: Mr. President, Madam Mayor, I don't believe we have. I mean, as you know,
we are -- we have the designs for the medians in Franklin Road currently. I believe the
state will install the medians in the portion of Ten Mile that they are building -- are,
essentially, the same situation as this segment of road. There are large tracks of land
that are still rural and those medians -- today they are going to be installed at those
projects when they are built. The turning movement in and out of the driveways I don't
foresee as being a huge issue, because we are going to have a wider section of road
between the curb and that median that existed prior to the widening. It was -- the two
lane road was narrower than one half of the widened road. As far as making them
make u-turns to get going the other way, that would be another issue where they have
to go down to the break in the median and have a large enough gap in traffic to make
the u-turn or go, you know, around the, you know, three or four miles to make the
Meridian City Council
December 15, 2009
Page 66 of 85
movement on the arterials. But the existing driveways we can currently accommodate
the larger size vehicles if we know what they are.
De Weerd: Well, Mr. President?
Rountree: Madam Mayor.
De Weerd: I guess that is one of the primary issues I guess I see is -- is that timing with
regard to our fire service until that road connects to something you have to have some
kind of a bulb out, someplace where that garbage truck and fire engine can tum around
and get out of whatever they get into and that's a temporary solution. But this is I guess
new territory that, you know, we can look more like Mr. Van Auker mentioned at the
longer term and what we would like to see as that area built out, but what do you do in
the transition and how do you accommodate that transition as well.
Rountree: Gary, you don't have to answer that. That's our question.
Inselman: Mr. President, if I might point out --
De Weerd: But it would be nice if he could.
Inselman: -- the collector roadways as indicated on this drawing where they are
located, there will be breaks at the medians in those locations, so, you know, we will
preserve the existing driveways. We can build the returns for the future roadways at
those locations. Essentially, there won't be a median in front of Mr. Powell's property,
because there is no need for one between the intersection and that first roadway and
that first roadway -- the left turn will be preserved. As Mr. Van Auker's property
develops, that northern -- that collector roadway leads into the north that will be a public
street. So, there are those planned breaks already where u-turns could be made in the
interim or in the future until access limits can be made into those locations.
Rountree: Further questions, comments?
Bird: I have none.
Rountree: I will just kind of run here a little bit. That this is a little bit unique in terms of
transportation and ACHD's ability to provide for it and the state's ability to provide for it
and development. We do have a vision. I think it's the right vision. The driving force of
development sitting waiting to happen and the transportation facilities out there
marching ahead and putting in what the vision is. So, to me it's a unique and unusual
timing experience that we are seeing here. From an access control perspective this
point in time and given what's there, the raised medians or landscape medians are not
necessary. I don't know when they are going to develop. Probably not real soon given
the state of the economy. Anymore than what's there. Hopefully, the farming
operations can continue to exist if they get their imgation issues resolved. Please.
Meridian City Council
December 15, 2009
Page 67 of 85
De Weerd: Please.
Rountree: And this is not the first time I have thought about this issue, but usually
happens that the development's there way in advance and transportation facilities come
afterwards and, then, the vision is total. I mean I don't want to reverse our previous
2006 decision, but in 2006 things were rolling pretty quick and pretty fast all over and it
could have been six, eight, ten months when somebody brought a multiple acre
development in that area and we were anticipating that and it's not happening like it's
going to happen on Ten Mile. But I guess my spot right now is that, you know, what do
we -- what do we lose if we don't move forward with the landscape median at this point
in time is the opportunity to get clarity on who pays for them, who in stalls them. But,
then, there is still clarity needed on how much are we willing to accept and how much
we are willing to take on in perpetuity. Something other than that esthetic right now is
not necessary to control any access -- any traffic issues. So, I mean the median in time
I can see is required, just to maintain that typical section through there and provide
long-term access.
Zaremba: Mr. President?
Rountree: Kind of where I am.
Zaremba: I agree with all that. The one element that makes it a decision today is
whether or not they are going to be landscaped. If we are saying that some day there is
going to be medians and we could put that off and leave a five lane center tum lane,
that would work, except that if the decision is some day they will be landscaped
medians, then, while they are building the road the piping to irrigate them has to be put
in.
Rountree: That's a good question. Has that been done? I mean you have got four
lanes out there. I assume that third lane is the median. Was it envisioned that it would
come through from the north side and, then, when you put the final layer on that that
covers it all up?
Inselman: Mr. President, we haven't installed that yet, but we haven't done the top lip,
so if we need to cut to put in those or --
Rountree: Okay. Thank you.
Hoaglun: Just to weigh in on the landscape median, there are areas like entryways
where you want to have that impression that you're entering the city and it's nice and
you're defining boundaries and having a landscape median where you enter makes
sense, but as you move into the area, unless it's a unique area, you know, the stately
homes, you think of a Warm Springs or Hamson Boulevard, something like that, which I
don't know in Meridian if that qualifies, but if we have anything that qualifies, to me
landscape medians is taking resources away from our parks department where -- to
maintain that, because ACHD is not going to take care of it, it will fall to parks, and,
Meridian City Council
December 15, 2009
Page 68 of 85
then, we have greater needs out there than landscape medians down the middle of an
arterial and I'd rather see their resources put into those parks and recreation programs
that there is a big draw to. So, outside of the fact of those limited entry areas, I'm not
wild about having park staff having to take care of these landscape medians hither and
yon in our city and taking up those resources. That's not to me a great use of tax
dollars. When I come to this particular stretch and I try to think 20 years down the road
are we doing something now that will be helpful? Maybe. Probably. But then, again, at
the same time, out of this whole stretch of Overland Road this is going to be the only
place that has this in a place that we will have the ability to control the access now
instead of reacting to it later and, I don't know, maybe I'm just being more of a gambler
thinking, well, when the time comes we need it we will find the money to do it then.
Bird: If we need it.
Hoaglun: So, that's kind of my approach. Doesn't necessarily mean I'm anti-median for
everywhere, but in this -- looking at this section I'm not thoroughly convinced. But, then,
again, I haven't been here as long and studied this issue as long as some of you have.
But that's where I am right now.
Rountree: Somebody want to make a motion to provide some information to Caleb, so
he can convey it to ACHD tomorrow night as it relates to tum lane versus median with
the completion of this project?
Bird: Mr. Chairman, I would certainly attempt that. I'd like to -- I would make a motion
that the Council would send a message with Caleb to the ACHD public meeting stating
that this Council, while we want to keep a five lane road on Overland Road, we would
prefer right now that the fifth lane in the center be used as a tum lane and not have any
median at this point.
Hoaglun: Second.
Rountree: Do we need voice vote, Mr. Nary, or --
Nary: Voice vote is fine, because you're really just giving direction.
Rountree: Okay. All those in favor of the motion? Opposed same sign? Motion
passes.
MOTION CARRIED: ALL AYES.
Rountree: For the folks that are here tonight, I don't know if you understood all of that
gobbledygook, but our position is the median will move forward -- excuse me. The tum
lane will move forward. The median will at some point in time might be required and
may go in place, but I suspect you folks will not be farming at that point in time. And,
hopefully, you will get your irrigation stuff resolved and, if not, do come and work with
Meridian City Council
December 15, 2009
Page 69 of 85
our Public Works staff and I think, Paul, you have those names, so you can get that
taken care of. Thank you.
Zaremba: Mr. President?
Rountree: Mr. Zaremba.
Zaremba: I would just ask one thing of the engineers, the traffic engineers, who need to
look at this and the one spot that womes me, if you have driven that with the slope, the
portion right where the lower part of the curve is, if that were icy and slippery, I think I
would like to have a little bit of a median there. I agree with the vote and voted for not
having the median immediately along all of there, but there is -- there is a spot right at
the lower end of the curve where it joins old Overland or what was previously old
Overland, now widened, that I think for safety reasons we might want to have a raised
median. Not that a car that's run away on an icy might jump over it, but just that doesn't
roll along in front of these properties, but that one little spot there we may need to
preserve an island for safety.
Rountree: Gary is bobbing his head. He wants to answer that. I think it's been taken
care of, but --
Inselman: Mr. President, Councilman Zaremba, there was a short stretch of median
installed between the bridge and that curve --
Zaremba: It's already there. Yeah.
Inselman: If you're meaning extending that a little bit or to address that concern we can
look at it if that would make a more logical ending to that.
Zaremba: Well -- and my concern maybe totally unwarranted as well, but just
somebody that knows more about it than me would take a look at it.
Inselman: We will look into it.
Zaremba: I remember thinking as I came down it one time that might be a concern.
Inselman: Yeah. I just drove it tonight, actually. It looked like we have been sanding it,
so it was pretty slippery last week. So, we will look into that.
Zaremba: Thank you.
Rountree: Thanks, Gary. Thank you all for being here.
De Weerd: Thank you.
3. Energy Grant Project Prioritization by: Pete Friedman
Meridian City Council
December 15, 2009
Page 70 of 85
Rountree: That brings us to the next item. Oh, now Pete, it's your tum. We have been
prioritized.
Friedman: Thank you, Mr. President, Madam Mayor, Members of the Council. I will try
to get through this, but this is the moment we have all been waiting for. We have come
to you with a list of recommended projects for funding through the Energy Efficiency
Conservation Block Grant. So, what I'd like to do is just give you a very brief
background, you know, a lot about the process already. Run through the recommended
projects for you and, then, we will follow that up with a distribution of the monies as it
relates to those projects. Before you tonight is another draft matrix, it's similar to the
one that you received at the last time we discussed it. The difference is this includes all
the projects that would be eligible under the DOE criteria. However, the first seven or
so in the top of the page are the ones that we will be recommending to you or are
recommending to you for funding. So, I have that I will move forward. Jed Glavin from
HDR Consultants, who has been helping us develop the strategy, is also here to assist
Anna and I in answering any questions you might have. So, as you know -- I'm sorry?
Rountree: Are you ready for questions or are you just going to --
Friedman: Run through it and --
Rountree: Jump into it.
Friedman: I'm just going to jump into it. As you know, the city's been allocated 608,000
dollars. We used a portion of that to hire HDR to help us put together the strategy to
prioritize the projects for funding. In the past two weeks we, through our brainstorming
sessions, both with Council and with interested parties, department heads, and through
our survey we identified a total of 31 projects that we included in our initial analysis.
The following items were used in estimating each project. The cost -- the potential
energy and cost savings, greenhouse gas emission reductions, pay back periods of job
creation that's consistent with the criteria that the Department of Energy will be looking
for when we submit projects for funding. Having gone through those -- and we did
come up with this list of seven projects in coming through that -- what we did was we
looked at the cost, we looked at the pay back period, the return on investment, we
looked at the objectives of the survey that came out of -- from our discussions in the
past, we looked at the potential incentive that maybe available from Idaho Power. We
looked at need, feasibility, and number of jobs created. As a result we ended up with
seven projects. I'm going to start at the top, work my way down, then, we can get to the
dollars and answer your questions, hopefully. So, the first project we are
recommending is retro commission of the police building. Potential cost. It's about
120,000 dollars. Pay back is 12 to 13 years. Greenhouse gases reduced is 47 metric
tons. We believe there is about 16,000 dollars incentive that we can receive back from
Idaho Power. Now, if you will recall prior to getting into this whole block grant thing we
did hire HDR for a short contract, they did kind of an initial energy data base -- energy
use data base for the city, but they also did a couple potential project reviews and what
Meridian City Council
December 15, 2009
Page 71 of 85
they did was they did a pretty good analysis of the police department building, so we
have a good base to build on right now in terms of recommended improvements in that
building and so looking at our criteria, as well as the -- not only the pay back, but
confront to the users was another thing that's not in here. We feel that that's an
appropriate project. The second one would be a LED green energy streetlight
conversion corridor project. We have two of them. The Public Works recommended.
One is from Franklin to Fairview and the other one would be from I-84 to Fairview. We
have two different costs there. One's for 90,000, one's for 3,000. We are
recommending both of those. We feel that even though the pay back is 25 years or so
and there is no incentives from Idaho Power, there are savings, there are greenhouse
gas reduction and it's a good, you know, kind of show piece and it will also give us an
opportunity to test it and see if it's something we want to move into in the future as we
look at other streetlights in the area in the city. The third project is changing out the light
switches to motion sensors in the fire stations. We are looking at a cost of about 10,000
dollars without installation. The pay back is relatively quick. In one to three years we
reduce the greenhouse gas emission by about 19 metric tons and we believe we can
get about 4,200 dollars back from Idaho Power by going forward with this project. The
fourth project is -- it's actually two projects. It has to do with pedestrian and pathway
construction. The first one would be actually construction of the Fothergill trail, which is
just a short length that we need. The second one, it's fairly cheep, fairly inexpensive,
second one would be designing this 1.8 miles for the Five Mile trail. That would be --
we would only have the money for the design and you can program out the construction
through the CIP and working with parks. So, here is a map of the Fothergill trail from
the high level and, then, there is just a little connection that needs to be made in there.
We have the pathways on at either end of it. And, then, here is the Five Mile trail, that
went between Linder and Ten Mile. And, again, that 56,000 dollars would be for the --
forthe design of that engineering plans and so forth. The fifth project is replacing some
of our pumps out at the wastewater treatment plant. This is a -- this is a biggie. This --
even though the cost is pretty high, the pay back is relatively quick. It has a tremendous
amount of greenhouse gas reductions and, again, we believe that we could recoup
about 25,000 dollars from Idaho Power in incentives from them. Number six, again, is
out at the wastewater treatment plant. Spending about 15 to 16 thousand dollars with
installation for replacement of lighting fixtures out there. Again, this is another good one
where it's got a relatively quick pay back or return on investment. It's got a moderate
degree of reduction of greenhouse gases and, again, there is some money from Idaho
Power in terms of rebates to us for energy efFciency and this -- what we -- based on the
information we have today these are the -- we think that maybe is a total of 51,000
dollars that we might be able to get rebated from Idaho Power and that can be used
either to offset a couple of overages we have on a couple of these projects or to be
used to fund other energy reducing projects that the city might identify in the future. So,
now, Mr. President, Madam Mayor, Council Members, we are ready for your questions.
We are also prepared to go into any of the other projects that we have listed out of the
14, if you wish to discuss those, and if you don't have any questions we can talk money.
Meridian City Council
December 15, 2009
Page 72 of 85
Rountree: Any comments, questions? Do these recommended projects match the
priorities that you figured out as you evaluated the matrix? It matched mine very
closely.
Bird: Mine, too.
Rountree: With the exception of the last one and I don't know that I had it on here
anywhere, but that was the lighting at the wastewater treatment plant. I think it's buried
in here somewhere.
Friedman: It's probably buried in there someplace. It sort of floated to the top as we
were going through these when we started looking at the -- at the return on investment
and the incentive.
Hoaglun: President, comment. Just to thank Pete and staff for putting this together. I
thought you guys did a real good job. I'm big on -- if we can create our own energy, but
that's way too much for employing the digester gas for heating our buildings, but maybe
some day. I was just at AIC, you know, when they talk about these power cities and,
you know, getting a little jealous. I'd like to be a power city.
De Weerd: Honored, just in a different way.
Hoaglun: Yeah. But I did a good job and I can live with these and I think are good
recommendations.
Rountree: Any other comments?
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I'd like to echo what Councilman Hoaglun just said. Your staff did a great job,
Pete, you and the staff and --
Friedman: Thank you.
Bird: I certainly think these projects would be very beneficial to the city.
Zaremba: I not only agree with all the thinking that's gone into it, I would add that there
is a few things that didn't make the top seven that we may be able to do anyhow and I
think of the purchasing of hybrid vehicles and so forth, as opposed to going out and
doing that right now, that's something that all departments can do as the vehicle needs
to be replaced. If you're going to have to buy a new vehicle anyhow, it may as well be a
hybrid.
Meridian City Council
December 15, 2009
Page 73 of 85
Friedman: Mr. President, Madam Mayor, Council Members, at the risk of kind of going
off out of range a little bit, what we are focusing on tonight is the initial strategy that we
are going to submit to the Department of Energy. The whole matrix that you have is a
long-term energy strategy for the city. So, it's for your use as time goes on as we do our
capital improvement programming, as we do our budget, and so forth. It's to be a tool
so that the Council can look at that and say, okay, as we allocate our funds what kind of
things can we do to reduce energy. So, just kind of an aside. The last point here is we
put together three options for you on financing and as you can see in option one, as well
as option two and option three, our award is 608,800 dollars. Now, we have committed
4,800 -- or 48,800 dollars to HDR for helping us to prepare the strategy. We are also
taking 9,200 dollars for administration, which is allowable under the terms of the grant.
So, really, what we have available is 550,800 dollars. Option one shows you -- if you go
along with all these projects, we come out a little bit in the red by 18,700 dollars. We
feel those can either be made up through the incentives that we get back from Idaho
Power or by any reductions that you might see in there. Under line ten you will see we
are taking 50,000 dollars for administration and this is divided up between planning and
finance, because once we get these projects approved and the awards made, there is
going to be a lot of work in terms of putting together bids and monitoring and, you know,
Todd and Rita have been just outstanding in helping me at least wade through. The
reporting requirements on this are -- there is three or four different levels of reporting.
So, we felt since the program allows for administrative funds to be taken from it, that we
felt at least we would put it out there for your consideration. So, under option one, if we
go with all the -- all the projected costs that we have and take the 50,000 dollars for
administration, we come up about 18,700 dollars short. Under option two -- yeah, I will
give it to the person that prepared this and that way I don't have to take it.
Canning: President Rountree, Madam Mayor, Members of the Council, I just prepared
this spreadsheet, so that you could make the adjustments you all wanted. I'm not
preparing an option one, option two, option three. I just put everything on there, so that
I could easily delete things and you know what the sum would be. The only difference
between what's shown on option one and option two is this line for the variable speed
pumps you might have noticed as Pete went through the list. There is quite a wide
range of cost there. So, that one just shows the lower point. So, if it ends up being the
lower amount, then, we actually have 31,000 dollars to add and I have got some other
projects down here that you can look at for adding things if you want. But, again, this
was just to avoid having to come back to you with the final number and a tally that didn't
work. I just wanted to make sure I had a spreadsheet ready to go. But, again, even
with all the projects at the high amount, we would anticipate that there would be enough
rebates and incentives to cover that. There is also the Idaho Power money and the
green grant program that we could use to cover that and, as Pete pointed out, we could
use the administration funds to cover that. So, you don't have to cut ones if you don't
want to. I think we will find the money. But I just wanted to be able to move things
around for you as you wanted. That's all.
Zaremba: Mr. President?
Meridian City Council
December 15, 2009
Page 74 of 85
Rountree: David.
Zaremba: I'm not seeing a difference between option one and option three. Am I
missing something?
Canning: I was going to say, they are not. I just put these up here, so that if you
wanted to delete the retro commissioning of the police department --
Zaremba: That's option three that we fiddle with?
Canning: Then, you now have 101,000 dollars. Yeah. That's the only reason it's?
sitting there.
Zaremba: Okay.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Pete, I see we got 9,200 in administration up on top and, then, we got 50 down
below. So, we are actually getting 59 two for administration; is that right?
Friedman: Pete. Council President Rountree, Madam Mayor, Council Member Bird,
Council Members, in the terms of the grant we could take up to ten percent of the
allocation for administration. Now, the 9,200 is already committed. At this point the
50,000 dollars is not. If the Council chooses that they would prefer to take that 50,000
dollars, move something else onto the list of projects, that's certainly something that
could -- we could make happen. We just put that in there, because there is quite --
there has been quite a bit of staff time that has gone into this and will continue to go into
this.
Bird: Mr. President, follow up?
Rountree: Mr. Bird.
Bird: And, Pete, I'm not disagreeing, because I think once she started you have got
quite a few projects here. This is going to have to be bid out and you have got a lot of
staff time in the finance department, as well as in each department as they go through
with the bids and stuff, so I'm not -- I'm just saying the 59 two don't shock me at all. I
like the option one, because I'm not scared of the 18 seven. I think we -- with the
rebates we get back and stuff we are still overboard, we are still in the black. I could go
for it. I think you picked fantastic projects that really will help.
Rountree: Any other comments? My only comment is that I think that I would not have
a problem moving that video conferencing project that's under other considerations up
in there. By the time you -- and I'm not sure that it would be that much, but -- and I'm
Meridian City Council
December 15, 2009
Page 75 of 85
not so sure that I would specifically identify -- sorry, chief, but it had to be the fire
department. I see that as a significant tool for all departments in terms of training. So, I
would think that that would be administration and police and fire and planning and
anybody else that's going to webinars or reach out to training programs that are on line.
So -- and safe a lot of trips.
Friedman: Council President Rountree, Madam Mayor, Council Members, this one
specifically is -- yeah, it's conferencing for the fire department, so it's getting the --
essentially, the hardware at the stations. Sixty thousand dollars is would Deputy Chief
Niemeyer looked into, because he's been going through this. There is a way -- and,
again, I'm kind of wandering off range in terms of my technical understandings of it, but
in talking to IT it's still going to be highly dependant upon getting that fiber network set
up and extended to each fire station, which has a price tag of about a hundred grand
per station, as I understand it. Chief Niemeyer did indicate that in the interim they might
be able to do some online use of that through conferencing but, you know, again, that's
something we will have to pull IT into also.
Rountree: Well, I would just keep that in mind. Don't wreck the budget by sticking it in
there. But I think that that would be -- that would be something that we should look at.
If this is an opportunity to provide it, then, you bet.
Bird: If some of the bids come in low enough we could pick that up.
Hoaglun: Mr. President, I think that's a good idea. That would be a worthy project.
And, besides, I'm sure we are going to save a lot of that in overtime by them not having
to travel. See my tongue in my cheek there on that one?
Rountree: Well, for the fire department, you know, they are going to be on the job in
their station, as opposed to having to come to headquarters or leave town or whatever.
Did you have a comment, Ron?
Anderson: Yeah. Mr. President, yeah. I don't know exactly what it would cost. We
have been toying with this idea for a couple years now and talked with IT, but with the
city's aggressive plan for training that they plan on doing through the HR department
and through our development process of our employees there is a lot of training and so
I think it has merit city wide, not just the fire department. One of the side benefits in the
fire department is, again, keeping those companies in there respective first response
areas, which, again, equates to better response times and all those kind of things, but
one of the things that you may consider is to get a better handle on what it would cost,
what's the best type of system is maybe do one facility, whether it's a fire department or
another city department, just to get an idea of what a cost might be, so that in future
years we would know a little better before we jump into it what that might cost.
Rountree: Other comments?
De Weerd: Mr. President?
Meridian City Council
December 15, 2009
Page 76 of 85
Rountree: Madam Mayor.
De Weerd: I guess, you know, this -- this addresses the grant, but we also want to
make sure we keep focused on the long-term strategies that we originally went through
this exercise for. And so this might address the grant funds and how best to prioritize
and spend those. But I hope we don't stop here, but we do want to, then, further
prioritize the rest of this list that was given a lot of thought and input and how to start
integrating those in longer term strategies and prioritizing those, so that, again, we do
make some budgetary and part collaboration or message points to the strategies that
we want to put in place.
Friedman: Council President, Madam Mayor, Council Members, that's entirely true and,
again, we will be back to you soon with that. It's just because°of our meeting schedules
and our deadline with submittal to DOE that we wanted to focus on getting these
projects prioritized and, then, it's our full intention to come back and work with you on
the balance of this overall strategy and get it organized and prioritized and, then, fold it
into both our Comprehensive Plan and, then, you can use that for your capital
improvement program and your budgeting and so forth, so --
De Weerd: Thank you, Pete. I just wanted to make sure that they knew their work was
not done.
Friedman: No.
Canning: Madam Mayor, that's on the next presentation, if we can all stay awake that
long.
Rountree: I'm going to call a minimum of a five minute recess.
Canning: Okay. We still need a little direction on this. I'm not quite sure what to do,
since we are overdrawn on our account there. Do you want us to do a demonstration
project Iheard --
Rountree: I would do a video conferencing demonstration piece. Pick a number.
Canning: Okay.
Rountree: And go with option -- your option A, if you will. It's still under -- assuming we
get the rebates and incentives.
Friedman: Council President Rountree, Madam Mayor, Council Members, we also still
have the money on hand, rather than -- you know, from the existing Idaho Power funds
and as these other ones trickle back in we can replenish that. So, you know, if you're
comfortable with that, even though we are overdrawn on the budget, we can still draw
Meridian City Council
December 15, 2009
Page 77 of 85
on that -- if it's the Council's pleasure, draw on the Idaho Power money that we have to
make up for that until we replenish plen account.
Rountree: I think everybody's in agreement with that. So, move forward that way.
Friedman: Thank you very much.
Rountree: Thank you. And, Anna, we are going to give you a five or so minute break.
Or give me.
Recess: (10:04 p.m. to 10:15 p.m.)
4. Planning Department Strategic Plan Discussion by:
Anna Canning
Rountree: Let's reconvene and our next item is Item 9-4, Planning Department. Anna.
Canning: Thank you. President Rountree, Madam Mayor, Members of the Council, last
January or February I provided Council with a list of projects I had proposed for fiscal
year '09 and part one of this presentation is based on that list. I dug up that old
Powerpoint presentation and it's resurfacing. So, I will go briefly go through the full list
of projects I discussed last year and identify whether they were completed, partially
completed, and pending projects. And I will also explain the process I used to develop
that list and track progress. And, then, the second half of the presentation I will give you
a summary list of the projects for this fiscal year and explain the process I used to
develop the list and how I will get the projects done and that will include some of the
tracking mechanisms. Now, with an intro like that it makes it sound like it's going to be
really long, but I promise that it will not. So, part one, the past. On the completed
projects from -- again, from that list I presented last year, we have developed standard
operating procedures and flow charts for all our processes. We worked with Council
and staff is now present at hearings. The idea was to have a little closer relationship
between some of the associate staff in particular and they have been coming to your
hearings. They like that. I hope that you're enjoying getting a more complete picture of
their projects that they are here to present them, but they enjoy the interaction with
Council. We have been working more with MDC, in particular we are attending their
meetings and trying to follow their progress more. We have looked at what -- looked at
our standards and ordinances, including a new sign ordinance that got passed last night
and you will see another application just went to Planning and Zoning Commission last
week, so it should get up to you soon. It's a lot of little clean-up things, but we are
always working those ordinances. We implemented a new enforcement communication
tool that's been in -- it's been in place for so long now I forget it's new for last year, but it
is. So -- and that seems to be working well at keeping track of what their projects are
and making sure everybody shares communication. We are more fully utilizing our
online data base. Barb spends a significant portion of her day walking people through
the data base and walking people through what is available on the web for our site and
you can tell that there is a lot of -- people are pretty amazed at everything that's on there
Meridian City Council
December 15, 2009
Page 78 of 85
and they are making use of it. We have positioned the city for energy efficiency grants
and as you might have noticed we have actually got the grant and now we are getting
ready to spend it. For the partially completed projects we did want to use GIS more and
in more departments. So, within our own department we have developed a layer of all
entitlements, but we did not reach out to the other departments. I forgot to put it on the
list that you will see later. I realized I missed it when I went back to develop this
Powerpoint presentation. So, it is on the strategy plan for 2010, but I missed it last year.
So, we are about 50 percent through that one. We restructured the comp plan around
the strategic initiatives. We are about 40 percent through that one. We have tried to
integrate the business districts into the plan and we wanted to add energy efficiency,
economic development, infrastructure development, water conservation, rails with trails,
and the 2010 census update to the comp plan. The reason that's only partially complete
is the first thing we wanted to do was to kind of do an interim plan and just go through
the old comp plan and take out everything that was not relevant anymore and kind of
repackage it and make it an interim plan. Well, when we took it all out there wasn't
enough left to really repackage it. So, we had to make it on multi-year project. We
weren't able to do that in kind of interim steps. So, we are working on that now and you
will see that in the -- my presentation of things to do for next year. We kind of got a start
on the concept of integrating profitable agriculture into the urban fabric. We have got
about 25 percent there. We have got a concept plan in 2D form. It's ready to move
forward and possibly another specific plan. We were waiting on some of the economic
development information to come through, but it's such a key component if we are going
to structure around that urban agriculture or profitable agricultural. The other partial
completed projects were new concise and clear conditions of approval. Those are,
essentially, done, they are just waiting to be -- just need to be implemented. A big part
of the slow down in implementation is just the lack of projects to apply them to,
unfortunately, so -- another pending project is to work with the clerk's more on E filing.
This is kind of pending the enterprise software purchase, so I just -- as I realized that it
was really tied to that enterprise software I just kind of put it on hold. So, the process
for this last year was I came up with the projects. I presented them to Council and,
then, I went back to my office and I did an action plan for staff, so I added additional
detail on the projects and some additional projects. I assigned dates and
responsibilities and, then, I hung the list by the copier and crossed items off the list
when they were done. So, this is what the list looked like and this is what it looked like
when we were done. So, we completed 83 percent of the projects, which is good and
considering we lost two staff along the way, I thought that was pretty good. So, I felt
pretty good about it, but I feel like we will do a better job this year especially tied to how
we are going to implement it and, again, I will get there very soon. I did want to pull this
up for you one more time. This was the one that Bruce had in his presentation last
month on the development services fund and I mentioned those two people we lost, you
know, I know it was necessary, I'm not trying to complain or whine, it's just I think it
really shows up in this photo -- or in this graph in that our cost savings significantly
outweigh our shortfall in revenue. So, you know, I felt like we were good stewards of
the public trust last year, we did what was necessary to cut back, and we still got a lot
done and I'm proud of us for still getting a lot done last year. Now, moving on to the
future.
Meridian City Council
December 15, 2009
Page 79 of 85
Zaremba: Mr. President?
Rountree: David.
Zaremba: If I can interrupt, I would add to that that your staff has been very helpful to
other departments as well. I mean not only have you saved internally, but the services
that you have been supplying to other departments is very much appreciated.
Canning: Thank you. We have tried. Got a lot of money for Public Works and I don't
see any donuts in my future yet, so I don't know what's up, but -- okay. Moving on. The
projects for this year -- is it fiscal year 2010 or '10? It sounds weird just fiscal year '10.
But these are in alphabetical order, but let me tell you how we developed it. We sat
down, we had a brainstorming session between Pete and Caleb and I. We looked at
the strategic plan, looked to see if that sparked any other ones that we needed to add. I
went back and I looked at the city wide performance accountability definition to see if
there was ones that sparked projects that were necessary to get those going. Came up
with this list. So, what is the continuing community block grant administration and also
creating an SOP, so that if Matt's gone one day we know where we are going, we have
had three administrators for the city thus far in as many years, so we need to clarify
those and get those procedures written down. Again, implementing those code
amendments for clarity and new provisions. Some of the ideas we are thinking about is
crime prevention through environmental design. You will see a little bit of that in that
code amendment that's coming forward. I promised that Council probably a couple
years ago now to work on something for gated subdivisions. I guess it's time I sat down
and figured that one out. Trying to get incentives for gaters to build a fiber backbone for
the city. Pipeline safety. Helping the fire department take the lead on that one, but
helping them get that through the process. And, then, semi permanent portable
classroom. Implement the new comments I talked about earlier. Comprehensive Plan
update and restructure that I talked about earlier would include the economic districts,
the view districts, the CDBG into the plan more. Some design guideline fixes, which
you will see soon. We just submitted those today. Water conservation and energy
conservation. So, following on that energy efficiency conservation strategy and folding
that into the Comprehensive Plan. Then I would also like to work on some strategies for
the city's response to site selection visits, so that we have a more coordinated
approach, well not more coordinated -- so, that we don't have to drop everything, really,
is what it is and work on that, that we have some kind of pre-prepared material, so that
we can pull that together a little more easily. Continuing on with the green grant
program. That GIS strategy I mentioned before. The energy efficiency and block grant
strategy, detailing that out. ACHD coordination and protocols. Caleb just met with
ACHD and we had development services staff together, so that we could work on some
of those protocols. New ACHD master drainage agreement. More transportation
information on the website. Our rails with trails two, which the contract was signed last
month and is moving forward this month. The ambassador program, which is the --
which is the Pete and Bruce visiting with some of our more influential and valued
partners with the city, our development partners. Interactive flow charts for planning
Meridian City Council
December 15, 2009
Page 80 of 85
and clerk's. Again, that, hopefully, will be done soon. I think I actually got out of order.
I mentioned the process that we brainstromed on the projects and, then, what I did was
I did all of the access data base -- and I'm going to show off a little bit of that, but I
promise to be quick. And, then, again, developed an action plan for staff, assigned
dates and responsibilities. But the big difference is now I have incorporated it into their
PADs. Those should be done by the end of the year. And we will review that
implementation with staff at quarterly meetings. So, let's see if my link works here for
the data base. So, this is the data base of all the items and the date that they were
supposed to be done, who is taking the lead, where it falls in to the PAD, like what it --
what it relates to and I will show you my PAD in a second, so you can see what that --
but this references that. So, that if you go back and say, oh, this is what we did to meet
this objective of the strategic plan. Any partners we have on the project. Who is
providing support from the planning staff. And, then, this was just kind of a category
group and whether it's in house or we need to reach out to folks. So, that's the data
base. And, then, for accountability, again, this is -- this is my PAD, so you can see the
numbing system over here, so economic excellence and strategic growth one. As you
come over here -- come on. Anyway, my data base doesn't want to move back over.
So, that kind of ties me back into the data base, so I know where these projects are.
And, then, they will have the staff -- each have different ones assigned to them. You
can see it here. And a date and who is the -- the other partners are on the project.
That's it. So, one of the things that we have all been asked to do is kind of a dashboard
of what's important for our departments and for us we are keeping track of our hours,
because I think what -- what gets lost for us is the time we spend with folks. The time
we spend on different projects. So, we are trying to keep track of different things. Our
counter visits and our customer out reach. Our code amendments. Comp plan
updates. Other projects in addition to our regular duties. So, for regular duties, my
regular duties are largely administrative. Sonya's regular duties would be when she's
working on her staff reports and things like that. So, those follow into a lot of the time,
that's why I said that. But I think that sometimes we focus on the Planning Department
just being development review and what I hope to discover or to show is that we spend
a lot of time on these other things and that's a big part of what we do. Economic
development is on there, as well as CDBG or the energy efficiency block grant program
as well. And, then, we are just kind of keeping track by month of the hearing
applications versus the admin applications and, then, I had a request into IT. I think I
can find out how many phone calls come to the main line, but I didn't hear back from
them in time for tonight. And, then, the last little thing we are doing is on our customer
-- customers that come to the front counter, staff on their own wanted to kind of keep
track of who was coming in, what were they are coming in for, when they come in, and
how long did we spend with them. And I think the thing that shows up sometimes is that
it may just be somebody walking in the door, but sometimes we spend an awful lot of
time. So, that one was an hour and a half. You know a lot of times they are just five
minutes, but sometimes they do get rather lengthy and so they are keeping track of that
as well. And that is the end of my presentation.
Rountree: Comments, questions for Anna?
Meridian City Council
December 15, 2009
Page 81 of 85
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: Anna, I really like the presentation. You did a nice job. I also like keeping track of
your hours and stuff spent on it, like you're doing, is a very good tool when it comes to
setting our fees for applications and stuff. It gives us some kind of an idea of what the
hours involved is and we have some backup for that. So, I commend you on that. Very
nice.
Canning: Thank you.
Rountree: Comments? Good job. It's been a pleasure to work with you guys this past
year and you're moving forward and doing some good things and starting to track some
things that make sense and, then, you will probably, as you look at that some more,
distill that down to a lot fewer things that you will be tracking. But until you start putting
stuff on paper you don't really know what you have. So, that's a good approach. I have
looked at your projects previously and I think you have got quite a full plate for the next
year.
Canning: And in all honesty I felt that way last year. I really tried to push staff on all
those projects and Iwas -- that's why I was pleased that we got the number done that
we did. It's -- it's a challenge to motivate folks that are usually motivated by the clerk's
screaming at them, where is my staff report, to have internal deadlines instead and to
try and get that stuff done. But I think we are -- they have had a year of it now and I
think they are ready to step up and even do more, so --
Item 10: Ordinances
A. Ordinance No. :Sign Code Revisions
Rountree: Thank you. Next item. Ordinances. If we could have the sign code revision
ordinance read by title only.
Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1436, an
ordinance amending provisions of Title 11, Meridian City Code, relating to signs,
regarding definitions, sign measurements, nonconforming signs, elimination, purpose,
applicability, and process of sign regulations. Prohibited signs. Subdivision
identification signs. Marketing signs. Construction signs. Business identification signs.
Signs of limited duration. Vehicle signs. And providing for a waiver of the reading rules
and providing an effective date.
Rountree: All of you people out there in the audience have heard that read by title only.
Is there anyone that wishes to have it read in total? Seeing none, I need a motion.
Bird: Mr. President, I move we approve ordinance 09-1436 with suspension of rules.
Meridian City Council
December 15, 2009
Page 82 of 85
Zaremba: Second.
Rountree: It's been moved and seconded to approve ordinance 09-1436. Roll call vote,
please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Rountree: And Kristi will be delighted.
Canning: Yes, she will.
Item 11: Other Items
A. Executive Session as per Idaho Sate Code 67-2345 (1)(fl - To
Consider and Advise its Legal Representatives in Pending
Litigation (a) - (to consider hiring a public officer, employee,
staff member or individual agent, not to include. This
paragraph does not apply to tilling a vacancy in an elective
office): and (b) - (to consider the evaluation, dismissal or
disciplining of, or to hear complaints or charges brought
against, a public officer, employee, staff member or individual
agent, or public school student):
Rountree: Again. Next item. Executive Session.
Bird: °Mr. President?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-
2345(1)(a),(1)(b) and (1)(fl.
Hoaglun: Second.
Rountree: It's been moved and seconded to go into Executive Session per the sections
stated. Roll call vote, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (10:35 p.m. to 11:10 p.m.)
Meridian City Council
December 15, 2009
Page 83 of 85
Rountree: I don't believe we need a motion to do that. We are just out.
Bird: We are out of it.
Rountree: Yeah.
Bird: And no decisions were made.
Rountree: No decisions have been made.
Motion to Amend the Agenda to add two items:
Request for payment to Commercial Painting for a Contract with the
City for $8,229.60
Authorize the Mayor to Notify Virtus of Ending of Contract with Virtus
and the City of Meridian and to Give them a 30-Day Notice
Bird: Mr. President?
Rountree: Yes.
Bird: I would move that we release $8,229.50 for payment to Commercial Painting.
Hoaglun: Second.
Rountree: It's been moved and seconded to release the final payment to Commercial
Painting in the amount stated. Or it's not the final payment, but release a payment in
the amount stated to Commercial Painting. Roll call.
Nary: Mr. -- Mr. Rountree, before we go further, because of the change in the law, what
you probably should do first is move to amend your agenda to add a request for
payment by Commercial Painting for a contract with the city and, second, to amend your
agenda in regards to your contract and, then, state your reasons on the record that it
didn't exist prior to, because you were not aware of these requests until this point in
your meeting, and, then, can you make your motion to approve.
Bird: I pull my last motion, Mr. President.
Hoaglun: I agree. Second agrees.
Bird: Okay. I would --
Zaremba: Mr. President, I move we amend the agenda as suggested. Is that --
Nary: That's sufficient.
Meridian City Council
December 15, 2009
Page 84 of 85
Zaremba: It's on the record.
Rountree: It's been moved. Do I have a second?
Hoaglun: Second.
Rountree: It's been moved and seconded to amend the agenda as stated. Is that --
Nary: Voice vote.
Rountree: Voice? All those in favor? Unanimous.
MOTION CARRIED: ALL AYES.
Rountree: Now, Mr. Bird.
Bird: Mr. President, I move that we release a payment to Commercial painting for the
amount of $8,229.60.
Hoaglun: Second.
Rountree: It's been moved and seconded to release payment to Commercial Painting in
the amount stated. Roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Bird: Mr. President?
Rountree: Mr. Bird.
Bird: I move that we authorize the Mayor to notify Virtus of the ending of the contract
with Virtus and City of Meridian and give them 30 day notice.
Rountree: Do I have a second?
Hoaglun: Second.
Rountree: It's been moved and seconded to give 30 day notice to Virtus in terminating
the contract. Voice vote.
Nary: Voice note is fine.
Rountree: All those in favor? Opposed? Motion passes.
Meridian City Council
December 15, 2009
Page 85 of 85
MOTION CARRIED: ALL AYES.
Rountree: Need one final motion.
Hoaglun: Move to adjourn.
Bird: Second.
Rountree: All in favor?
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 11:13 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
~~~~ ~ ,~~~~~ p I i la i ao In
MAYOR T „De.W,~ERD DATE APPROVED
..OF `'%
G° '~-
~~' A T: ,
JA CE . HOLMAN, CITY CLERK
~E~L _=
,~ ~~`~ `;