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HomeMy WebLinkAbout2010 01-26Meridian City Council Meeting January 26, 2010 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 26, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: President Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Steve Siddoway, John Overton, Mark Niemeyer, Warren Stewart, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will welcome you to tonight's City Council meeting. Thank you for joining us. For the record it is Tuesday, January 26. It's 7:00 o'clock. We will start the meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Ralph Lowe with Meridian Gospel Tabernacle De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Ralph Lowe. He is with the Meridian Gospel Tabemacle. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining is, pastor. Lowe: Thank you, Mayor. Dear Heavenly Father, we thank you and are so grateful for all you have done for us as a community. Father, I personally am most grateful for a City Council and a Mayor that would ask your presence to be here in a way that will bless them with wisdom beyond their means with their judgment with the peace, oh, God, that would help rule our city. Father, I thank you for them. I ask you would give them a special blessing and favor for their many hours of unselfish labor on behalf of us Meridian City Council January 26, 2010 Page 2 of 25 their citizens. Bless them tonight, Father, in a special way, in your precious name we pray, amen. Item 4: Adoption of the Agenda. De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Got a few items to include in the agenda. Under 5-B, that resolution number is 10-708, adopting the Meridian Pathways Master Plan amendments. And under Item 6-B, under the City Council, the resolution there is number 10-709, urging the Air Force to select Idaho for F35 missions. And with those insertions I move adoption of the agenda. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. January 12, 2010 City Council Meeting Minutes B. Resolution No. :Adopting the Meridian Pathways Master Plan Amendments C. Master Agreement for Professional Services with Forsgren Associates, Inc. for Various Engineering Services for Under $25,000.00 D. Water Main Easement for Diamond View Assisted Living E. Water Main Easement within a Private Road Easement for Diamond View Assisted Living De Weerd: Item 6 is Department Reports. Oh, I'm sorry. That was not adoption of the agenda, that was -- Consent Agenda. Let's do that one. Hoaglun: On the Consent Agenda, Madam Mayor, as I mentioned earlier, number 5-B is resolution number 10-708, adopting the Meridian Pathways Master Plan Meridian City Council January 26, 2010 Page 3 of 25 amendments. And that's the only addition we have for the Consent Agenda. And with that I would move approval of the Consent Agenda. Zaremba: Second. De Weerd: Thank you. I have a motion and a second. Any discussion? Bird: And Mayor sign and Clerk to attest? Hoaglun: And, yes, that's right. Mayor to sign and Clerk to attest. Thank you. De Weerd: Second I'm sure agrees. Zaremba: I agree. De Weerd: Okay. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports A. Mayor's Office 1. Mayor's Youth Advisory Council Update De Weerd: See, I just wanted the meeting to be over very quickly. Item 6, Department Reports, we have our Youth Council representatives with us tonight. If you guys want to come forward. Hi, there Rios: Hello. Hi, Councilors. Mayor. I'm Esa Rios. I'm a junior at MYAC -- or I mean Mountain View and first year MYAC -- or advocate. I guess. I don't know. Sorry. But I was here in November and I'm just here now to inform you guys of what else has -- I'm here to let you guys know what else has happened since then. So, first and foremost we had our GA, the legislative breakfast, our Government Affairs subcommittee. The issue was texting while driving and that breakfast went terrific. We got seven out of nine of the area legislators to attend and overall I feel like it went very well. Other than that, we have an activity -- or Teen Activity Committee events coming this Friday. It is a Your Birthday Party and it's, basically, a party for everyone's birthday and I think that's going to be very exciting. Hopefully we get a good turn out for that. MYAC will be volunteering at the State of the City and the Heart Ball and, Eli, would you like to talk about the dinner auction? Meridian City Council January 26, 2010 Page 4 of 25 E.Nary: Yes. Hello, Madam Mayor and Councilmen. Thank you for this opportunity. On March 25th at 6:30 p.m. we will be having our MYAC dinner auction in support of the Meridian Food Bank. The Meridian Food Bank is still a fairly young organization, but they need as much support as they can and so this will pretty much be just to raise money for them and with their cause of helping out the hungry, especially in these times. It will be held at Renaissance High School's culinary center and hope to see you all there. Thank you again. Rios: So, thank you. Thank you, Counselors, and thank you, Mayor. We will see you at the State of the City and thank you so much for your time. E.Nary: Are there any questions? De Weerd: Any questions? Hoaglun: I do, Madam Mayor. On the -- on the texting with the legislators, the meeting that you had with them, how did that go, what were their thoughts on that? Did they give you any indication what the outcome of that legislation might be? Rios: They gave us a lot of feedback, both positive and negative, but we hope that we can tum that negative into -- we can patch up all the loopholes and tie it all together and, hopefully, we can work that out. Hoaglun: Good. Thank you. De Weerd: They definitely played Devil's advocate with our MYAC members, but they had very good responses for the different questions that were thrown at them in some cases, but also if you will define maybe the next steps what a what you're doing now? Rios: Well, we are -- we are suppose to -- we are going to present to the police department to see what their -- what their input is on how they would go about enforcing such regulations and -- E.Nary: Well, on that same note, some of the schools have voiced -- voiced interest in wanting to hold -- hold some sort of segment about it in school assemblies. We actually had Rick Bartley, I believe was his name, came -- came and spoke and his daughter actually died because another driver was texting while driving and so -- so that really brought it home and really realized that the -- one of the biggest things that we need to team from this is how to -- how to reach the youth about it and so that was one of the big things that came out of it. De Weerd: Mr. Bartley's story was very -- it caught their attention and what actually happens with it. Some of the arguments -- or some of the points that the legislators made were don't we already have something on the books with inattentive driving and that is why MYAC is looking to meet with several different police departments to get the police feedback and to see how you can counter some of that argument on -- is there Meridian City Council January 26, 2010 Page 5 of 25 something already on the books. They also did something they are very good at in saying it shouldn't be a law, it should just be an educational campaign and, again, that's one of the reasons they are going to the police authority to really find out why there is a need to have specific legislation, a specific law on the books to deal with this kind of offense. Any other questions? Bird: Thank you, boys. Zaremba: Thank you. E.Nary: Thank you. De Weerd: We do hope that we will see you at the fund raiser and if you would like to have help in raising donations to be auctioned and/or sold at the silent auction, we would welcome your participation. Hoaglun: What was that date again there, Eli? E.Nary: March 25th at 6:30. De Weerd: Thank you. E.Nary: Thank you. Rios: Thank you. B. City Council 1. Idaho F-35 Project Discussion De Weerd: Okay. Our next item, Mr. Zaremba, for City Council. Zaremba: Madam Mayor, we have both an opportunity and a concem. The nearby Air Force base and the Gowen Field Idaho Air National Guard are being considered for the new F35 aircraft that the Air Force is planning to purchase. The opportunity is to have state of the art aircraft flying out of the fields near us. The concem that I have is that I have previously lived near Navy bases when the aircraft that were being flown there were decommissioned. Ourtwo -- Air Force and Air National Guard are currently flying airplanes that are nearing the end of their useful life and I can say from my previous experience it is economically devastating within 50 miles of a base when a base loses its mission and I feel it's important to Meridian that we support the effort to get the F35 into Idaho at Mountain Home and Gowen Field and, therefore, this is a resolution urging the Air Force to select Idaho for its F35 mission. They seem to be leaning that way, but anything can happen, and this resolution is offered in support of our own congressional delegation and asking the Secretary of the Air Force to kind of etch it in stone that the F35s do come to Idaho. I believe the resolution was available on the website, so I Meridian Ciry Council January 26, 2010 Page 6 of 25 probably don't need to read it. I see the clerk nodding her head yes, so it has been public and I would ask the Council that we vote in favor of this and ask the Mayor to sign it and forward it to the appropriate parties. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, earlier today Council Member Hoaglun called. One of the whereas clauses Ithink -- sometimes these things happen, but one of the whereas clauses is -- it's the sixth whereas clause down -- the proper word on there is unencumbered, rather than encumbered. So, the corrected copy is in front of you. I have given a copy to the clerk, so if the Council's pleasure is to approve this ordinance, that's the -that's the one that's in front you for approval. So, the original one that we got this draft from another city just had the wrong word in there. So, it's been corrected. That's what's in front of you now. De Weerd: Thank you, Mr. Nary. Any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution 10-709, the revised edition. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Councilman Zaremba for bringing this to the agenda. Zaremba: Thank you all for considering it. C. Parks Department 1. Kleiner Park Maintenance De Weerd: Okay. Item 6-C is our parks director. Meridian City Council January 26, 2010 Page 7 of 25 Siddoway: Thank you, Madam Mayor, Members of the Council. Last week we were before you and had the opportunity and the pleasure of presenting to you the 30 percent design with the design team and the -- some of the trust members present. Very exciting some of the things that are going on there and the development that has taken place on that -- that park plan over the last several months. Tonight's conversation isn't quite as fun as that one, but, nevertheless, every bit as important, which is regarding its -- the maintenance of that -- of that facility. A little history. Last year as part of the budget process we came to you with an enhancement -- in order to show our commitment to the trust, that we were ready to take on maintenance of the park when it comes online. As you know, when we developed that enhancement there was no design. It was just based on an educated guess is what we kind of expected based on our experience at Settlers Park and elsewhere. As promised during that budget cycle, we have not and we will not be filling those positions that were approved in this year's budget until that park is under construction and nearing completion, which now appears to be mid late '11, so I don't actually expect to be filling any of those positions in this fiscal year. But now that we do have a design and we are at 30 percent design, we have been doing our part to try and do a more detailed analysis of the maintenance needs. A copy of that analysis was provided to you in your packet and while we do not require any specific approvals for you -- from you tonight, we are here to give you an early heads up of where we are at right now, seek your feedback, seek any comments that you might have, because the findings of this analysis will become part of the 2011 budget process in the coming months. With that as an introduction I would like to tum some time over to maintenance foreman Mike Barton, who has been working on this analysis and he will present an overview of it to you, talk a little bit about how it was prepared and some of the lessons we teamed from doing it. Thanks. Barton: Thanks, Steve. Madam Mayor, Members of the Council. We -- when we were -- like Steve mentioned earlier, we tried to forecast what the maintenance needs were for a park that wasn't designed yet. Once we received the master plan and now at 30 percent design we began an analysis of labor needs for that -- for the site. It is data that's compiled from our time tracker system. That is a program that we use where we log in every task at every site each day that the crew performs. We took that data, we analyzed features that are going to be unique to this site and came up with some conclusions on monthly labor needs. Our needs are that we will need two full-time staff members to staff this park on a year around basis. In addition to the two full-time staff, because we have aseven-day-a-week operation in shelter preparation, janitorial services, we will require 162 hours of seasonal labor that is roughly between the months of April through September. There is also in that analysis that we didn't anticipate that the trust really desired was the splash pad, an interactive water feature. We are currently in the design process trying to have that run on fresh water, so there isn't a need for attendants. If it becomes a recirculated feature, then, that increases that labor burden even further, but we are in the process of trying to design that in such a way that it eliminates the need for constant monitoring. This affects our current enhancement by increasing labor costs by roughly 65,000 dollars. If the -- if the splash pad is able to be designed and run on fresh water, that can reduces that figure by 16,000 dollars that we are really actively pursuing that --that avenue. Meridian City Council January 26, 2010 Page 8 of 25 Hoaglun: Madam Mayor. I might ask Mike while we are on the subject of that. So, fresh water -- what we have at Settlers, that uses recycled water or is that -- was that fresh water? Because I know we have the ultraviolate. We got a special system in there to clean the water. Barton: It's a recirculated system. Hoaglun: Okay. Barton: It sanitizes it. However, there are periods, based contaminants that can enter the system where there is a shut down that needs to occur for public safety and health. The system that we are currently working on for Kleiner Park is a pump that's in one of the surface wells that we will feed the splash pad directly. That water will be tested periodically as safe to drink. So, that will run through the splash pad and, then, discharge into the irrigation lake, which we will reuse to irrigate the site. Hoaglun: Okay. Barton: It seems like a pretty viable option and a real labor savings if it ends up that way. Hoaglun: Great. Thank you. Barton: Sure. De Weerd: Thank you, Mike. Barton: Thank you. Siddoway: So, we will continue as we move forward monitoring the maintenance demands on our system through this. You may have heard Susan say during her presentation last week that Steve's always asking what are the maintenance implications of this every time they talk about what a certain material things will be made out of, we always have an eye to longevity and maintenance. We will also continue to look for a potential savings, such as the potential elimination or reduction of the attendants and as noted during last year's budget process with the addition of a thousand new trees into our system, we do see the need to renew that discussion of a potential arborist systemwide for us. So, with that I will stand for questions, comments that might have, ask if we are going the right direction and if you have any concerns. De Weerd: Council, any questions or comments? Bird: I have none. Meridian City Council January 26, 2010 Page 9 of 25 Hoaglun: Just a quick question, Steve, on like -- like I mentioned janitorial and some things. This is all going to be city, we aren't contracting any of that out, the mowing or janitorial or anything, this is all with in-house labor? Siddoway: Yeah. All of the day-to-day maintenance -- you know, when we get to certain things like restriping parking lots there is always elements that do get contracted out, but all of the mowing, all of the janitorial, all of the -- the weeding and trimming, that's all to be done by our staff. Hoaglun: Okay. Thanks. De Weerd: And I believe just to expand on that answer, is a couple years ago we evaluated cost efficiencies on all of our maintenance and they found that the smaller areas we -- they are more cost efficient to contract out, but the larger ones it is more cost effective that we do the maintenance and so we do have a balance in how we approach that and you will see that in where we do contract out labor. Hoaglun: Okay. So, it looks like by the chart that it's a lot of seasonal labor that you have where you ramp up for the summer -- spring, summer, into fall and, then, they aren't full-time employees and -- Siddoway: Right. You see that graph. Hoaglun: Yeah. So, we are not -- we are not building a huge employee base, we have got enough to help work it and -- Siddoway: Two year round employees and, then, the rest are seasonal labor. Hoaglun: Yeah. Siddoway: Any other questions, comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to clarify for me -- I think I'm hearing there is a plus and a minus to this. The minus is it's likely to be more expensive to maintain when it comes online. The plus being that it's going to come online maybe, what, six to eight months later than we thought it was and, therefore, we have some space before this expense begins. Siddoway: Right. Originally we thought we may need to be ready in this fiscal year. Well, it looks like it's going to be late FY-11, you know, summer, early fall of FY-11 before we have our grand opening, based on the current construction schedule that was presented last week, so -- Meridian City Council January 26, 2010 Page 10 of 25 Zaremba: Thank you. Siddoway: This is correct. De Weerd: Okay. Thank you, Steve. Siddoway: Thank you very much. D. Legal Department 1. Agreements for Hookup of City Water and Sewer Services Outside City Limits De Weerd: Okay. Item 6-D is our Legal Department. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. There is two items. Item one is an agreement for water and sewer service outside the city limits. This is for specific address 4270 East Overland Road. It is on your -- it is on your packet agenda. It does need the Council's approval for the Mayor to sign. This is the case of the Boyack's and we discussed this a number of months ago and, then, we negotiated a resolution with them. This is the folks that their septic system was taken out in the widening of Overland Road. They, then, were required to hook up to city services, but they only needed -- originally only needed sewer service, but they had to have water service as well, because that's how our system is connected. They, then, did not like the water service that they received at their property, because of the nature of the water and there was some issues on how the water gets to them and how it works through the lines to them. So, they -- they had actually created across-connection for a period of time. That was discovered. That was disconnected. Now they just use their well for water for their home, but they still have sewer services. What we found in discussing that with Public Works is we needed to find a better solution than just forcing these folks back to the water service, because they don't really need the water service and we are able to bill them appropriately for their use of sewer services. That brought up the second item that's in front of you and I'm going to pass that out real quick and, then, I will speak from the podium about that. As we sometimes find when we scratch the surface of one legal issue we find others. Thank God for lawyers or we would never find these things. I have a memo that I have handed out to you from Mrs. Cain of my office and, basically, what we determined when we read the Boyack's agreement is the standard boilerplate agreement we had been using for the city had some deficiencies, especially when the circumstances were such that the person really only needed one service and not both and so Mrs. Cain in this memo was some of the ways we were trying to address this, because as we go forward many times the circumstances are coming up and we have seen them recently at Ustick and Linder, for example, when the Ada County Highway District went in to widen that intersection and widen the roadway, they affected people's services that already existed, whether it was septic or water. They are now in the process of doing the same type of project out at Eagle and Victory and so the same issue comes where they go out from ACHD, hand out information to Meridian City Council January 26, 2010 Page 11 of 25 neighbors to explain to them this is what's going to happen, if the road gets widened this might impact your well or it may impact your septic or it may impact both and, therefore, you're going to need to go to the city. One of the number one issues that we find -- and I'm sure all of you can relate to, is that one of our standard conditions has always been once we are contiguous with the city and once you are contiguous with us, you were, then, required to come and apply for annexation and as many of you have seen over the years, this doesn't work very well. I mean the individuals don't necessarily want to be here, they don't want to pay the additional fees. Many times they don't even realize there is a fee that they are going to have to pay just to be annexed, not just the -- not the cost of connecting for services or paying for their hook-up fees, but the cost for annexation and as we have raised the cost of annexation requests over the last few years, it can be a significant financial burden to folks and we are, essentially, requiring them to do it, but we don't have a very good mechanism to catch the fact that they are supposed to do it. So, we have a condition out there that some people are honest enough to bring forward, yet they sometimes can't financially afford to do it. The other issue comes up occasionally and by Boyacks is one that was exactly that, they have a fairly large piece of property and at a particular point in time that they may be asking to annex, they don't have any idea what they want to do, yet they are required to ask. So, we can't get a development agreement very easily, because they are not going to agree to it. We really try to place conditions, as I know many of you have seen over the years and they don't want to -- they don't want to do it and they won't do it, because they are just here because we made them be here. What we felt was a better solution -- and that was part of the direction we are seeking from you tonight is what's in the Boyack agreement says they are consenting for us to annex them when we are ready to annex them. Once we are contiguous and we choose to annex them, they are waiving any objections to that, which is what the Idaho Code requires. Then we can make that -- then, we can make that decision as a city when it's more appropriate for the city. Now, on the other side when they want to sell their property, they want to redevelop their property, they want to subdivide their property, they are going to have to annex. They are going to have to do that. They are contiguous, they are going to have to do that. So, there are triggering events on the property owner's side that are more property owner driven and there are -- the triggering event on the city's side, if nothing else happened and we are contiguous, like we did last year, we did 32 properties, approximately, that were contiguous, all they were were individual homes, they have been on services for a number of years, they had either never come into annex or they may have annexed -- or they have asked at a particular point in time that the city rejected their request, which, of course, is a bigger nightmare. If we are going to force people to come in and, then, request an annexation, pay the fees, and, then, you tum them down, because we are not ready. You know, we don't really want that to happen and it doesn't really make much sense. So, we are trying to create -- and what Mrs. Cain outlines in this memo is we are working with Public Works, we don't have a final document yet, but we are real close, because we want to have it in advance of the Ada County Highway District going out to the citizens in the area of Eagle and Victory with this same opportunity. The other thing we wanted to make clear in this pamphlet Kyle Radek in our Public Works Department helped craft it and Mrs.Cain's working with him on some of the language. One of the things that isn't always made clear from the Meridian City Council January 26, 2010 Page 12 of 25 highway district -- and this will really shock you -- they don't tell people that when you are required to annex into the city or required to receive city services, you're going to have to pay for that separate and apart from the money that we are offering you for your properly. So, many times people come in and think that because the Ada County Highway District purchased their property and they normally use a formula based on frontage and how much linear feet it is that they are purchasing or whatever, they don't incorporate unless the person asks for it, the cost for them to hook to services. So, the 2,700 dollars that they may have to pay for sewer service hook up isn't discussed with them and the highway district and we think it's important that people are aware of it. And so we want to make sure we inform them up front that that's a cost you're going to have to discussion with the highway district and not with us, because many times they think that's part of it and it's free and it's never free. So, we want to make sure they are informed earlier on in the process and they have been, so Mrs. Cain's worked with Kyle so that we can put together this pamphlet with a little bit better information, maybe a little bit more understandable information, that the agreements, when we finalize them, one of the other things we found in the Boyack's agreement was we kind of did it in a way that didn't -- didn't make sense -- it probably made sense at the time -- we referenced specific code sections of the city code that now have been repealed and we referenced different language in the state code, but not the specific code section, but language was repealed. So, we need to clean that up, so we don't have these gaps in these agreements that won't make any sense and that if we are required to enforce the agreement that we want to make sure it's clear as to what was required, what the consequences are for not complying, and what remedies, if any, the city has or the property owners have. So, we wanted to make sure that you folks were all aware of it and were comfortable with that direction that we are going. Again, we don't have a final agreement for everyone else, but it will probably be patterned fairly closely to what the Boyack agreement is in front of you. There is always going to be individual circumstances. My department and the Public Works has worked together, communicated to make sure that as Public Works becomes aware of those circumstances they get with myself or one of my other attorneys to sure we resolve those issues early on, so that we don't have an issue that comes up like with the Boyack circumstances. So, to make sure everybody understands what's going on. We want to make it fair, we want to make sure it's fair for both sides. De Weerd: So, Bill, can you have Kyle or Emily get this pamphlet to a couple of the people who have already been affected and ask them to read it and say does this make sense? Nary: Sure. De Weerd: Do you -- can you think of anything else that would be helpful to have in there? Those that have gone through the experience, they certainly have a perspective that we can certainly benefit from. Nary: Absolutely. That's a great idea and we will -- we will do that. Mr. Boyack is here tonight, so I mean we can certainly get this information to them, as well as others to Meridian City Council January 26, 2010 Page 13 of 25 make sure that, you know -- because you're right, Madam Mayor, many times it seems pretty clear to us, but we are pretty immersed in it most of the time and so for somebody else who isn't, it's probably a good way to verify that it really does make sense and it is really going to make sense to the property owner as to what is necessary and what they need to do. So, we can do that. De Weerd: Okay. Thank you. Council, any questions? Hoaglun: Madam Mayor, a question for Bill and maybe Warren might have to jump in on this, but the cross-connection, you know, how are we going to make sure that that doesn't happen? I mean down the road another property, you tell them no cross- connection and, you know, that could be a problem for our domestic water supply. Is that something we are going to check on? Are we just going to tell them you can't do it and make sure -- and make sure they don't do it or -- are we going to be doing any inspections on that from time to time? Stewart: It is a challenge -- it's a constant challenge, because there -- people can put in these systems or they could have a well on the existing and they could go in, unbeknownst to us, and make this cross-connection. There, of course, are plumbing codes and other -- the city also has rules with regard to cross-connections and how that must be done. We also have an inspection requirement for those back flow prevention systems. We actually pay for that to make sure the people don't feel like the cost is so burdensome that they are not willing to get their inspections. That's in a hope to make sure that everybody follows the rules. But it is a constant -- you know, every municipal water system has to deal with these issues and they are constantly -- the guys in the field are constantly, you know, watching for these types of circumstances and I don't know if there is a fool proof way of doing that, other than trying to make sure everybody is aware and make sure that the staff and the people that are out there in the field are trying to be vigilant and watch for these potential situations. If we have seen one in the past happen in a particular location, we will probably go back -- and no doubt we will go back and keep an eye on that one. But having worked in other municipal water systems, it is a constant battle and they actually -- you know, at a certain size there is people who -- or systems who have a person that's dedicated to only that -- that thing, going and checking and looking for people who are taking water. Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, I mean both my department and -- and Public Works Department have had -- really tried very hard in the last couple of years at educating both the people that inspect -- because that's really where the problem is caught. In the Boyack's circumstance, for instance, the Boyacks didn't cause the cross-connection, someone else hooked this up and hooked it up incorrectly. So, it wasn't really their fault that this was done and it was done poorly by someone else. But the inspection side can catch a lot of these. So, I know Mr. Dees and I have discussed that and we have tried very hard to educate the folks that actually go out and do this type of work. Like Warren said, the city has paid for some of this work to get done, but educating those folks that are actually doing it, so that they are aware of what's out there and they can, essentially, sell that service to folks to get these Meridian City Council January 26, 2010 Page 14 of 25 things done to, again, make sure, is another method we have used to try to get out there and make sure, because, obviously, we can only have so many folks out on the ground doing this, but there are private companies that do it. So, we have tried, but I mean Warren's right, it's not -- not the easiest. Newer systems generally don't have this problem, but there are a lot of older systems in the city that this can be an issue. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Kind of a follow up on Mr. Hoaglun's question. The specific subject are properties that are outside of the city limits. Do we have jurisdiction to do an inspection on their property? Nary: If they are connected to our system we do. Zaremba: The pipe gives us jurisdiction. Nary: Yes. Zaremba: Okay. Thank you. De Weerd: Any other questions? Do you have anything further, Bill? Nary: No. We'd like your approval on the agreement with Boyacks and that was the only other thing we had tonight. De Weerd: Does Mr. Boyack want to add anything? Good evening. If you will, please, state your name for the record. Boyack: Rick Boyack. 4270 East Overland Road. De Weerd: Thank you. Boyack: As far as the approval of the agreement and stuff, I don't have anything to say about that and if you would lend your experience to our information, so maybe we can avoid some of the same experiences that you have had and I think we have heard of a couple of other experiences in the last month or two that we hope these kind of -- this kind of an informational brochure might be of help. We may want to also put it on our website, Bill. Nary: Certainly. Boyack: The one thing I do want to say about the situation is is that we are at the end of the line and the reason that we have this problem is because of the algae, the smell, and the taste of the city water. So, part of the agreement is somehow -- I'm not exactly Meridian City Council January 26, 2010 Page 15 of 25 sure how this is going to work, seeings how we are at the end of the line, that this system will be flushed before we have to hook up, if that comes to nature. But I think very important people on the end of lines that they do have quality water. De Weerd: Absolutely. Boyack: Now, whether it's flushed -- there was two options I was given, that it will be flushed -- which I'm probably -- I haven't found out a definite answer on how far I am from anybody that's taking off that main line to ours, but I'm assuming it's probably a quarter of a mile and I'm assuming it's probably about a 12 inch line in there. That's a lot of water that's going to have to be flushed to get me decent water. Whether it will happen or not I don't know. Whether there is chemicals added to the water doesn't impress me. But that was the other option. That's the only problem I have with this. De Weerd: Thank you for your -- Boyack: And as far as the -- as far as cross-contamination, there wasn't any concern there and as far as your back flow valves go, I think it's a great idea, but my recommendation is that I would put it closer to the meter, instead of somebody's house. That way it comes right off your meter, there is a back flow valve. If at any point there is across-contamination, at least it won't go back past your meter. I'm not a professional or anything, but that's my opinion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, I got my back flow right off my meter. I thought the standard location was off the meter. Stewart: I'm not familiar with the installation in this particular case, but that is quite common for the back flow for them to be next to the meter in a -- Bird: I thought that was a standard. Boyack: It must not be, because my meter is out on the sidewalk and, then, it runs clear -- they dug up my lawn and under my house and my back flow valve is actually in my garage. De Weerd: Well, certainly, Warren, maybe we can use this information and see how we can look at maybe similar situations or at least future situations and how we can avoid those. Stewart: Yeah. I guess I have one quick question. You indicated that there is something out next to your sidewalk. Is there a back flow preventer next to the sidewalk? Meridian City Council January 26, 2010 Page 16 of 25 Boyack: No. The back flow is in my garage. Stewart: So, it's actually inside -- yeah. I would be happy to talk to you about that and find out more information on that. I'm not sure why it was done that way, but -- Boyack: It's probably -- I would have to guess probably 75 feet from your meter. Stewart: Okay. De Weerd: We will work to figure that one out. Hoaglun: I was just going to say, Mr. Boyack, we do want your input. You know, take that home, look it over. I mean you're kind of the hope -- you can help us make the change here -- Boyack: It sounds like -- yeah. Hoaglun: -- and, hopefully, it works for other people, so they don't have to go through the same situation. So, we would appreciate your help on that. Boyack: No problem. Hoaglun: Thank you. Boyack: I can do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: One more question for Warren. Even though he's on the end of the line -- and I'm sure he won't be when the water is completely out there, because we try to circle the lines and bring it back in, we don't just shut it off. Water lines. Warren: Yeah. I'm not -- but again -- Bird: I mean why would we be picking up algae at this point? De Weerd: Mr. Bird, let's not solve this tonight. I think what we need to do is first see what the particular situation is in this case, because it doesn't sound like Warren is familiar with it and maybe to report back at some point of how we are to address certain issues that were raised, if that's okay, Mr. Bird. Bird: That's fine with me. I just want an answer. I definitely want an answer. Period. Meridian City Council January 26, 2010 Page 17 of 25 Stewart: I will make a note of it and we will plan to bring some information back to you at a future date. De Weerd: Thank you, Mr. Boyack. Boyack: You're welcome. Thank you. De Weerd: Bill, anything further? Nary: No, ma'am. De Weerd: Okay. Thank you. We do have an agreement, Council, but -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we approve the agreement for extension of domestic water and sewer service outside of Meridian city limits to the property known as 4270 East Overland Road and does the Mayor need to sign and the Clerk to attest as well? And I will include that in my motion. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Nary, I assume we are done with your legal report. Nary: Yes, ma'am. E. Public Works Department 1. Budget Amendment for the Reclaimed Water Booster Station and Reservoir Project for aNot-to-Exceed amount of $635,050.00 2. Agreement for Design Build Services with the Team of JC Constructors, Inc. and Pharmer Engineering, LLC. for the Reclaimed Water Booster Station and Reservoir Meridian City Council January 26, 2010 Page 18 of 25 Project for aNot-to-Exceed Amount of $2,251,050.00 De Weerd: Okay. Item 6-E is our Public Works Department. Warren. Stewart: Thank you, Madam Mayor, Members of the Council. You may recall a couple of weeks ago our director Tom Barry came to you and made a presentation regarding the status of the reuse program for the City of Meridian and one of the items that was discussed specifically at that time was the booster station and storage tank project at the wastewater treatment plant. This project, as you may recall, was one of the backbone projects for the overall reuse program and was budgeted for -- and approved for the 2010 year for construction. However, when it was originally conceived the reuse program was planned as a low pressure and gravity delivery system and based on the lessons we learned at Heroes Park, as well as a desire to provide some better customer service to potential commercial and industrial users, we felt that it might be wise to modify our initial vision of this overall program or the distribution system and go to a high pressure system and we kind of brought that whole concept before you, as well as -- as we will discuss in the next item, the budget and bid for the construction of the booster tank and storage -- or booster station and storage tanks and try to get some direction on how you felt like you would want the program to go forward and based on the counsel that we received that night, we have put together this budget amendment, which I believe kind of does exactly what we had proposed to do and we are, essentially, asking you to approve this budget amendment. I would like to ask -- Jaycee, have you handed out that -- Holman: I apologize. Stewart: No. That's fine. I'm just -- I'm going to have the clerk hand out a little spreadsheet that I hope will actually allow me to give asynopsis -- a little bit more straight forward synopsis of how we are going to move forward in this, give you a little bit of the financing of it. As you may recall, the initial budget -- overall budget for the project is shown on line four of your spreadsheet, which was 1.45 million dollars. The overall booster station bid we had -- you may recall from that discussion that we had gone out and made a qualification and cost based selection for a design build team for this project and their initial cost was the item -what's shown in Item 12 or line 12, which was the 2.4 million dollars. There was a number of deductions on their original bid that's shown -- the total of which is shown on line 21. There were some -- also some additions to their bid based on a few things that we discovered that needed to be modified or changed and, then, as you can see on line 34, there are some necessary expenses that the city will incur over and above the cost of the design build team, as well as some money in there for some contingencies, 160,000 dollars of which -- of that contingency is actually specifically outlined or set aside for the potential that we will not be able to slip line the Boise River out fall line with a 12 inch pipe and we will have to pipe burst it. That cost is worked in there, because they need to camera that line before we can actually make that determination, so we wanted to make sure that cost was in here in case that had to be done as pipe bursting, instead of slip lining. And as you can see, the overall funding addition that we needed is 1.1 -- 1.125 -- 050 million dollars. Meridian City Council January 26, 2010 Page 19 of 25 And that -- we propose to fund that from two locations. One is from savings that we were able to realize in the Black Cat trunk project from last year. We actually returned to the general -- or to the enterprise fund a little over 600,000 dollars from a favorable bidding environment that we had on that project. The second location for obtaining these funds is to actually postpone the 16 inch reuse line that was -- is slated for construction this year from Cheny to Ustick. That line will not actually be needed until the fall of 2011, because that's when the landscaping down here at the interchange will be ready and need to be watered. So, we can delay that for a year without causing ourselves any real grief and we propose to use the money that was allocated for this to fund this project. By doing it this way it's our feeling that we will essentially fund this overall budget enhancement -- or, excuse me, this amendment by a combination of money that we saved from last year and money that we had allocated for a different project that we are going to postpone until next year. So, there will not be -- the next effect will be -- it is, actually, an increase, because of the money that we are bringing about from savings, but it's, essentially, going to have a zero net effect. And with that I would stand for any questions that you may have. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to clarify this a little bit. A couple of things. I know it sounds a little high, but this is a necessary item, because this is going to pressure everything into Black Cat and to other locations, so we are not just -- we are not just putting something in that will handle Heroes Park. Another thing they will have to bring forward a budget amendment for the $635.50, which if there is no problem I'd certainly back it and hope the rest of the Council will back it, because it needs to be done. And I can tell you after meeting with the contractors and the engineers, they are going to beat down to the point of not even being funny. So, I can support that, but we will have to have a budget amendment. There is -- there is change to the overall budget from Public Works -- 635,050 dollars. But I'd certainly support this program. De Weerd: Thank you, Mr. Bird. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Warren on -- I just wanted to be sure -- we are going to postpone that Cheny to Ustick line. Right now they are doing the rebuild of the road from Cherry to Franklin. Are we piping that right now with -- and that will also -- that's already in the works? Meridian City Council January 26, 2010 Page 20 of 25 Stewart: That is correct. That's already under construction and the funding for that is outside anything we are talking about here. Hoaglun: Right. So, we are just going to have that one segment that we will have to do at a later date and I can't remember the timeline. I know there is a point where they are going to redo that Cherry to Ustick segment, but it may be we are just going to have to dig up pavement, put the line in, or is it going to be kind of concurrent with the road changes at the same time? Stewart: Actually, we will be doing that on our own, because ACHD has postponed the widening of that section of the road until I believe it's 2013. Hoaglun: That's right. Okay. You're right. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, I asked the same question and here is the answer I got: We are going down right of way, we are not going down roadway. Is that right, Warren? Stewart: Yeah. We -- for the most part we are going to -- Bird: We are not going to have to do extensive road work, but we have to get it in before they do the road. De Weerd: There will be some road work, because there is a shoulder for a good portion of it, but there is some pavement that would have to be ripped up. Stewart: That is correct. That is my understanding as well, is that that section that goes from, essentially, Cheny to the treatment plant, will be on the shoulder of the road, but that there will be some rebuilding of the road necessary to put that in. The one that there will not be an extensive amount of reconstruction or roadway work will be the slip lining of the line from the wastewater treatment plant to Heroes Park, because we hoped to either be able to slip line or pipe burst that section. That will save us a significant amount of money. De Weerd: Thank you. Any other questions? Thank you, Mr. Bird and Warren. We appreciate you being involved in this and reporting back. So, Council, in front of you do have the budget information and a need to look at the budget -- or approve the budget amendment. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 26, 2010 Page 21 of 25 Bird: I guess we ought to do the budget amendment first, then -- is that correct? De Weerd: Uh-huh. Bird: So, now this is -- with your permission, David, I'll make the motion. I move that we approve the budget amendment, which will be brought forth within the next month for the sum of 635,050 dollars for the reclaimed water booster station and the reservoir project. Zaremba: Second. De Weerd: I have a motion and a second by Mr. Zaremba. Any discussion? Madam Clerk, will you call roll. Zaremba: Mayor, before we do roll, it looks like Warren wants to add something. Stewart: Yeah. Maybe I'm confused, but I believe the budget amendment is actually four -- the one -- the budget amendment that you have before you aright now -- Bird: This is a budget amendment? De Weerd: Yes. Stewart: It's for 1.125 -- 050 million dollars. It includes two pieces. Bird: It can't be -- the one is already budgeted. The only thing that was not budgeted for this year was the 635 that you took out of your savings. Holman: Madam Mayor, Members of the Council, Councilman Bird, if you look at the budget amendment it looks like accounting made some adjustments to it. Stewart: Madam Mayor, Members of the Council, it was my understanding that in order to move the money from the one project to the new one, that required a budget amendment as well, so -- De Weerd: Yeah. It's a line item adjustment. Bird: It's a line item adjustment, not a budget amendment. They have got this 635,050 with a budget amendment and that's what I signed, so I --from what I can remember. Stewart: I apologize. I just wanted to make sure we didn't get started incorrectly. De Weerd: I appreciate you noting that for the record, that there is a line item adjustment for the -- Zaremba: Separate from this. Meridian City Council January 26, 2010 Page 22 of 25 De Weerd: Separate from this. Zaremba: Thank you. De Weerd: Okay. If there is no further discussion, we will go ahead and do roll call once again. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we enter into agreement for the Mayor to sign and the Clerk to attest with the Design Build Services and JC Contractors and Pharmer Engineering, LLC, for the reclaimed water booster station reservoir project for not to exceed amount of 2,251,050 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve the agreement. If there is discussion -- no? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Thank you, Warren. Bird: Madam Mayor, before we go on I want to -- De Weerd: Mr. Bird. Bird: I can't complement Warren enough on what he's done to get this price down from where it was at and let me tell you that we had some engineers and contractors about ready to walk out on us and leave us holding the bag, but Warren come through and he did a heck of a job. Item 7: Items Moved From Consent Agenda Meridian Ciry Council January 26, 2010 Page 23 of 25 De Weerd: Thank you, Warren. Okay. There were no items moved from the Consent Agenda. Item 11: Action Items A. FP 09-008 Seyam Subdivision by Ronald Van Auker Located on the North Side of E. Franklin Road, Approximately 1,000 Feet East of Eagle Road: Request for Final Plat Approval Consisting of 8 Building Lots on 38.94 Acres of Land in the I-L (Light Industrial) Sz C-G (General Retail Sz Service Commercial) Zoning Districts; and Request for Approval of a Waiver of the 25-Foot Wide Landscape Buffer Required in the I-L (Light Industrial) District to Non-Industrial Uses De Weerd: We will move to Item No. 8. Action items. FP 09-009. I will ask for staff comments. Friedman: Thank you, Madam Mayor, Council Members. This is a final plat application by Ronald Van Auker for final plat approval of eight commercial lots at the Seyam Subdivision. Council approved the preliminary plat in February of '07 and, then, the director approved 18 month time extension for the preliminary plat in February of '09, which is set to expire in August of this year if the city engineer's signature has not been obtained on the subject final plat. This area, as you know, is located down there east of Ashley Furniture and staff is recommending approval of the final plat. There is just a couple of little nuances with this approval in that the original condition in the preliminary plat was that the applicant needed to provide a ten foot buffer between the I-L zoned property, which are in the gray, and the C-G properties fronting Franklin, which are in the red. Well, subsequent to the final plat approval Council amended the zoning ordinance, the UDC, to eliminate the need for that buffer between those nonresidential land uses. So, the applicant, as part of this application, has asked Council to vacate that condition and staff is supportive of that request. The second condition of the preliminary plat approval is we had a plat as it was originally proposed splitting the zoning districts and the condition of plat approval was you either obtain a rezone to bring the zoning boundaries and the plat lot lines into conformance or you do a final plat that does the same thing, which brings the lots and the zoning into -- so they comport with one another and the applicant has chosen to -- through the final plat to arrange the final lot lines so that the lots follow the actual zoning. So, those are kind of two little twists on this, but we -- we do recommend approval of this. We have received a letter and communication from the application that they concur with the conditions of approval and the recommendations and are in favor of Council's approving the final plat tonight. And with that I will be happy to answer any questions. De Weerd: Thank you. Council, do you have any questions? Bird: I have none, Mayor. Meridian City Council January 26, 2010 Page 24 of 25 De Weerd: Any comment? Okay. Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the FP 09-008, final plat for Ronald Van Auker on East Franklin Road and to include staff comments. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Hoaglun: And just to clarify that, staff comment includes the waiver of the 25 foot -- Bird: Yes. Waiver of the berm. Hoaglun: Thank you. De Weerd: Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, we are at the end of our agenda before 8:00 o'clock. I would entertain a motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:00 P.M. 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