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HomeMy WebLinkAbout2010 03-23Meridian Citv Council Meeting March 23 2010 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, March 23, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and President David Zaremba. Others Present: Bill Nary, Jacy Jones, Anna Canning, Bill Parsons, Tracy Basterrechea, Mark Niemeyer, Steve Siddoway, Keith Watts, Reta Cunningham, Carrie Glenn, Elroy Huff, Luke Cavener 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: So, we are adjourned out of our special meeting. We appreciate your patience and welcome you to tonight's City Council meeting. I will go ahead and open the City Council meeting. For the record it is Tuesday, March 23rd. It's five minutes after 7:00. We will start 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 Tim Pusey with Valley Shepherd of the Nazarene. De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Pusey with the Valley Shepherd of the Nazarene Church. We invite you to join us in the invocation or take this as an opportunity for a moment of silence. Pusey: Let us pray. Heavenly Father, we thank you on this beautiful day for your many, many blessings in our lives and in our community. We thank you for our City Council and those that are willing to serve our community in this way and we pray tonight for your wisdom and for your discernment to be upon them. We pray also for our community, especially for the needy of our community. We pray for the children and teenagers of Meridian and we ask, Lord, that you would teach us all how to care for one another as you would desire.. May your peace, Meridian City Council March 23, 2010 Page 2 of 74 may your presence, may your wisdom abide over this meeting tonight, we ask and in the name of our Savior, amen. Item 4: Adoption of the Agenda. De Weerd: Thank you. Pastor Pusey. We appreciate you being here with us tonight. And since you did mention the needy in there and we have the Youth Council up here, I'm sure they will be more than happy to invite everyone present to the dinner to benefit the Meridian Food Bank this week, so -- and they will invite you when we get to that item. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple of items to add on the agenda. Under the Consent Agenda 5-H, that resolution number is 10-714 and 5-I is resolution number 10- 715. Moving forward to the -- Item 8, under 8-1, approval of the new beer wine liquor for Sunrise Bakery, there is a request to continue that until April 6th, 2010. And same for Item 2 for the renewal for Sunrise Bakery and Cafe of their beer wine liquor. That is also requested to be continued until April 6th, 2010. Under 8-C, Finance Department, we are going to add a 1-A for Finance Department and that will be the discussion and consideration of the landscape maintenance agreement and, then, under C-2 -- 8-C-2, that resolution number is 10-716. Under Item 10, Ordinances, 10-A is ordinance number 10-1444 and also, Madam Mayor, we need to add the Executive Session at the very end. This will be Executive Session per Idaho State Code 67-2345(1)(a) and (1)(f) are the two items that we would have in Executive Session. So, with those additions, I move adoption of the agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. March 2, 2010 City Council Meeting Minutes B. March 9, 2010 City Council Workshop Meeting Minutes C. Approval of 2010-2011 BeerlVNine/Liquor License Renewals: Meridian City Council March 23, 2010 Page 3 of 74 Kahootz Steak & Alehouse 1603 N. Main St. Beer/Wine Sa-wad-dee 1890 E. Fairview, Ste B Beer/VUine/Liquor Ultra Touch Car Wash 835 E. Fairview Ave. Beer Idaho Pizza Company 405 E. Fairview Ave. Beer/Vlline Gelato Cafe 2053 E. Fairview,. Ste 101 Beer/VUine/Liquor Sizzler #215 3380 N. Eagle Rd. Beer/VNine Goodwood BBQ Company 1140 N. Eagle Rd. Beer/VVine/Liquor Shari's of Meridian #206 895 S. Progress Ave. Beer/VVine Corona Village 21 E. Fairview Ave. Beer/VUine/Liquor 127 Club 127 E. Idaho Ave. Beer/Vlline/Liquor Sakana 1718 S. Eagle Rd. Beer/VUine Carino's Italian 3551 E. Fairview Ave. Beer/VVine/Liquor The New Frontier 116 E. Broadway Ave. Beer/VUine/Liquor D. Agreement with Gem State Communications for the Installation of a Supervisory Control and Data Acquisition (SCADA) Antenna Tower at the Water Department for aNot-to-Exceed Amount of $34,360.06 E. Change Order #1 with JC Constructors, Inc. for Tertiary Filters Project Construction for aNot-to-Exceed Amount Meridian City Council March 23, 2010 Page 4 of 74 of $51,313.63 on the Original Contract Amount of $2,869,000.00 Approved by City Council April 7th, 2009 F. Task Order 10134 with Parametrix, Inc. for Five Mile Creek Pathway Design Services for aNot-to-Exceed Amount of $67,346.00 G. Lease Agreement Between the City of Meridian (Lessor) and American Harvest LLC (Lessee) H. Resolution No. :Approving a Lease Agreement between the City of Meridian (Lessor) and American Harvest LLC (Lessee) I. Resolution No. :Donating Surplus Computer Equipment to Meridian Boys & Girls Club De Weerd: Item No. 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: With the changes delineated under 5-H, resolution number 10-714 and 5-I, resolution number 10-714, I would move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as presented. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council Update De Weerd: Item 6 are our Department Reports. We start tonight's meeting with our Mayor's Youth Advisory Council report. Meridian City Council March 23, 2010 Page 5 of 74 Grant: Okay. My name is Aubrey Grant and I'm from Mountain View High School and I'm the communications coordinator for the Mayor's Youth Advisory Council this year and we would like to thank you for listening to us today. Sheets: My name is Sayara Sheets and I am from Rocky Mountain High School. I am the chair of the Teen Advisory Council. Grant: And the first thing we'd like to talk to you guys about is the -- the Mayor's Anti-drug Coalition contest that we submitted a public service announcement to recently and we ended up winning first prize, which is a grant, and we decided that we are going to split it with the Technical Charter High School, because they came in second and there wasn't a monetary prize for second place, but they did an awesome job, and so last night at our meeting we voted and decided to give half of our prize money to the Technical Charter team who got second place with that. And so our Public Service Announcement was against tobacco use and they were -- they were pretty outstanding all the ones that we saw and so we are pretty happy about giving half of it to them. Sheets: This week on Thursday we have a dinner auction at 6:30. There are a few seats left, but if you still want one, the seats are 20 dollars and the tables are 150. We would like to thank Councilman Bird for his donation. We would like to thank Councilman Rountree for buying two tickets. And we would like to thank Mayor Tammy for buying a table. We would also like to invite Hoaglun and Zaremba to buy tickets to join us on Thursday. Hoaglun: Sold. I need to. Sheets: Okay. Grant: Talk to Luke. Hoaglun: Oh. Okay. De Weerd: Just to also say that they do have a goal of raising 4,000 dollars. If they net above 4,000 dollars the Youth Advisory Council liaison Luke Cavener will shave his head. So, you know -- so, I guess more ticket purchases, maybe from Councilman Zaremba -- Rountree: How much more do you need? De Weerd: It's all for a good cause, right, Luke? Cavener: All for a good cause. Zaremba: I will see Luke for a ticket as well. Meridian City Council March 23, 2010 Page 6 of 74 Grant: So, the other thing that we would like to talk about is how our Teen Advisory Council has really made an impact on the Mayor's Youth Advisory Council this year and it's the first year that we had the Teen Advisory Council in place and I have been in Mayor's Youth Advisory Council for four years now and I have to say that -- don't tell anyone else this, but that is like my favorite subcommittee that I have ever been involved with and it's a lot of fun, because we have just been able to get a lot of the youth together and a lot of it was just the youth and the Teen Advisory Council, but with all of our friends and everything else that we brought together we have had a ton of fun activities, like we have had movie nights in the community center and we had a Halloween party and a Valentine's Day party and all of it was a lot of fun and I think that it really helps us to have something to do, because I know that there is kind of a problem with the teenagers in Meridian and every where nowadays doing things that they probably shouldn't be doing and I personally like to have a place that I can go and we can just have fun with our friends and it's totally clean fun and so I have really enjoyed having the Teen Advisory Council and I would love to have it in the future, so that's like a really good thing that we have had and I'd like for that to continue, even after I graduate this year. Sheets: With MYAC we only have three meetings left until this year is over. Next year I am going to run for historian, which I'm actually really excited about. With my experience in MYAC I have had a lot fun. It's given me a lot of opportunities to help my community and get involved with others. I had a really, really good year this year and it's my first year, so I hope that I can come back next year and have an awesome time. Grant: She's been awesome. Sheets: We'd also like to thank you guys for everything and we look -- I look forward to being able to address guys again next year. Are there any questions? De Weerd: Well, I also might mention that Sayara is also on the Mayor's Anti- drug Coalition and she even brings her mom with her. So, they have both been very active and we have appreciated the mother-daughter team. They add a lot to the -- to the MADC. Sheets: Thank you, Mayor Tammy. Rountree: Madam Mayor? Just to extend a congratulation on your first place with your PSA and also for your generosity. I think that's very laudable for you all to do that. Sharing is something that we all need to do better. I appreciate that and good job. And we appreciate your enthusiasm and all the extra time you spend in city involvement. That's important to us as well. And thank you. Sheets: Thank you very much. Meridian City Council March 23, 2010 Page 7 of 74 De Weerd: Any other questions or comments? Now, Aubrey, you're also our youth representative on the Arts Commission; right? So, they both have been very involved and we appreciate your leadership. Grant: Thank you. De Weerd: Thank you for joining us tonight. Grant: Thank you. Sheets: Thank you. De Weerd: And you don't have to stay. Grant: Thank you for that, too. Rountree: Go study. B. City Council: Air Quality Board Update De Weerd: Okay. Item 6-B under City Council, Air Quality Board update. I will turn this over to Council President Zaremba. Zaremba: Thank you, Madam Mayor. The Air Quality Board, for those of you that may not be familiar with it, is the group that in Ada County runs the vehicle emissions testing program and a few weeks ago this Council had a presentation by the department -- the Idaho Department of Environmental Quality, DEQ, about their search for and selection of an operator to run a similar program in Canyon county and Kuna, which do not participate in Ada County's program. They made that same presentation to the Air Quality Board two weeks ago tomorrow and a number of questions were raised during that presentation that caused us to continue that meeting for another week. So, last Thursday we finally discussed the -- all the knowledge that we had put together and the question that DEQ asked was whether or not the Air Quality Board wanted to run the same program as DEQ will be running in Canyon county. Our answer to that was that we wanted to see it operate for awhile and my update is since there has been articles in the paper about what was -- may or may not have changed in Ada County, we had a considerable response from Ada County citizens that they think our system is much more convenient than what is going to happen in Canyon county. There are other issues. There are other issues. There are some price differences as well. So, there were a lot of things to consider. But the information that I wish to pass along as an update is that the decision of the Air Quality Board was that we would not make another change in our program at this point. We did as of the 1st of January go to testing every other year, instead of every year, and not testing the first four years of a car. Those we decided were enough changes for the moment. It makes us comply with the state law for Meridian City Council March 23, 2010 Page 8 of 74 areas. It does satisfy the EPA and the DEQ. So, we felt that we would like to at least see the Canyon county program run for six months before we made any decision about what else. So, for the moment the Air Quality Board in Ada County is not making anymore changes. De Weerd: Thank you, Councilman Zaremba. We did come across the letter that we sent in response to DEQ's letter to us about what they were going through to put out the RFP for Canyon county and asked about this memorandum of understanding or joint powers agreement. We said we would be interested or willing to enter into a joint powers agreement once this was said and done. Maybe Council -- or our counsel, city attorney Bill Nary, can give us an overview. We do need to write a letter to update them, maybe reflecting what Councilman Zaremba just said, that in six months the Air Quality Board will pick this up again and we will look at that again at that time. But Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I think the Mayor's covered that. If you recall last year there was a request from DEQ on whether or not the city would be setting up its own program or would be entering into a joint powers agreement. We did send them a letter back from the Mayor and the Council last year saying we would enter into a joint powers agreement with DEQ. They did send us another letter in the fall -- it was either the end of September or the first of October. I looked at that today and I don't remember the date, but saying they would get in touch with us in the future to do that. So, we think it's probably appropriate to, then, contact them. If you -- if this Council's decision is to follow the Air Quantity Board's direction and let this other program run, reevaluate it in six months, then, we need to just reiterate that to DEQ and, then, again, be available to discuss this joint powers agreement going forward. I'm not sure what their intent is or what this joint powers is supposed to look like and I think that's really the -- what we would like to have is that dialogue, figure out what this joint powers agreement would be. Obviously, this Council did not agree when we sent that letter last year to simply latch onto whatever program DEQ came up with, but, rather, we would be a party or a partner with that. And so I think that's all we really were intending. We could bring that letter back at your next meeting, so that you can approve that and send it off. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I did have some discussion with the DEQ representative after the Air Quality meeting -- Air Quality Board meeting was over. DEQ intends to send a letter to us and the other signers of the current joint powers -- the Ada County current joint powers agreement and my sense of it is that our answer back to them is a restatement of our current joint powers agreement, that we are not joining the Canyon county group. But they will specify in their letter to us what it is they are looking for they said. Meridian City Council March 23, 2010 Page 9 of 74 De Weerd: Well, I believe we did get some indicator and that's why we are having this discussion right now. Zaremba: Oh. Well, they -- De Weerd: And it was a little out of the blue, wondering what they were asking for, but -- Zaremba: Yeah. They are asking for confirmation that we are looking for the current joint powers agreement. That's what I interpreted it. De Weerd: Okay. Well, we will send a letter under all of our signatures and -- Nary: We can do that. De Weerd: -- and we will bring that back at the next Council meeting. Zaremba: Thank you. De Weerd: Thank you. Anything further from Council on this item? Rountree: I have nothing. Bird: I have none. Item 7: Action Items A. Close Public Hearing/Comment Period and Consider Substantial Amendment to PY2008 Community Development Block Grant (CDBG) Action Plan De Weerd: Okay. Item 7-A under Action Items, we will close the public hearing and comment period and consider amendments to the Community Development Block Grant Action Plan. Anna. Canning: Yes. Madam Mayor, Members of the Council, as you know we are within the comment period for a substantial change to the plan year 2008 action plan. It was -- you have received detailed reports in the past. It's on the order of 88,000 dollars. It's being shifted from three projects, Habitat For Humanity, code enforcement in the low moderate income area, and senior center new floor, to four new activities, which are public services for the senior center, additional funds for the Food Bank, money to the Ada County Housing Authority, and the Public Works infrastructure design for areas within the low moderate income area. We had received no comments to date and if there are no additional comments this evening, then, we ask that you close the public hearing. Meridian City Council March 23, 2010 Page 10 of 74 De Weerd: Okay. This is a public hearing. Is there any member of the public who would like to provide testimony on this item? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing comment period and amendment for fiscal year 2008, Community Development Block Grant Action Plan. Rountree: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Canning: Madam Mayor, Mr. Ellsworth will follow up with the appropriate documentation. B. Public Hearing: Solid Waste Advisory Committee (SWACj Recommendations for Automatic Collection De Weerd: Thank you very much, Anna. Okay. Item 7-B is a public hearing on the Solid Waste Advisory Committee, SWAC, and their recommendations for automatic collection. And Mr. Sedlacek. Sedlacek: Madam Mayor and Members of the Council, the Solid Waste Advisory Committee has been meeting every week for the last six or seven weeks a couple hours at each session and we have come up with some items to discuss tonight with you and to get public input on. Basically what we are talking about is converting from a manual collection system like we have now, to an automated collection system. And we have come before you a number of times to discuss this and I wanted to bring up -- there is a general discussion file on that zip drive or that thumb drive that I know the Council has this information and I just wanted to show it up on the screens. Tonight I was just going to present a general discussion of what it is that we would be doing. The Council -- or the commission -- or the committee, excuse me, is -- there we go. The committee is dead locked on how to proceed on one particular issue and we need some guidance from you on that. And Steve Corey and Nancy Mann will be talking about those two issues next and, then, I'm going to come up and finish up with the proposed rate structure. Okay? So, basically, to convert to a manual -- to convert to a fully automated collection system I don't want to spend a lot of time on this, we have talked about it before, but just to go over it quickly, every house is going to receive one or two carts. One garbage cart and one recycling cart. They may already have -- have both carts already and we would, then, change our trucks Meridian City Council March 23, 2010 Page 11 of 74 over a period of time to use automated collection arms to grab the cans and dump them in the trucks, prevents a lot of worker injuries, reduces our labor staff to some extent, but it costs a lot of capital to do this. So, the point of doing this is to bring some fairness to the waste collection system where, you know, we are the only utility where no matter how much of it you use you will pay the same. And you can imagine how much electricity we would use or water we would use if everyone paid one lump sum every month. So, there is some highly variable collection stops out there, you might say, and we have got some photos of those that I have got and we can look at those if you're interested. So, we want to get the system where the more you put out the more you pay. Okay. And so if you want to put out less, if you want to recycle more, you have the ability to do that and we want to encourage recycling and reuse and composting. The recycling program does remain voluntary. There are people that just don't generate very much waste and don't need to recycle and they can still get their stuff into a pretty small can and that's fine. Most of the residents already use our wheel carts. There will be -- instead of just one size that we have now there will be three sizes. We are hoping that if OSHA comes out with new lifting rules, which they have in the past, this will -- this will meet those regulations, we won't have to comply, you know, suddenly with those rules. I'm not sure how to -- oops. I think have to go over here. There are some negative points to doing this. There is negative points to any collection system. It adds additional fees for collection of excess waste and how we collect excess waste is the subject of discussion tonight I think. It requires the remaining 35 percent, approximately, of the residents who don't have a cart to get one and, you know, it makes the system a bit harder to use. You can't just haul everything out to the curb and set it there on your collection day. So, that might lead to more illegal dumping. People might want to take their stuff to work and throw it in their dumpster at work or something. There is wheeled cart storage concerns. You know, carts are way too big, people think -- maybe they are, maybe they are not, I don't know. It depends on the size you get. Where am I going to put it. Is my homeowners association going to be mad at me. You know, we will get calls about, you know, why doesn't my neighbor bring his cart in. I don't like looking at it all the time. It increases the workload for MUBS, the billing system folks, and Carrie is here tonight to talk about that if we want to. And it increases our capital costs. So, that's sort of the pros and cons. I know you have heard all that before. I guess could stand for questions on this. The questions that we need to go to next in this presentation is do we go fully automated where the only way you can put extra waste on the curb is in a cart, so you're going to have to sit -- you know, it's one cart or two carts or three carts or whatever, and there is a rental charge for those carts and that way our driver never gets out, he just keeps dumping the carts. Or are we going to allow people to use their own cans and put a one time use tag on it. In that case we are sort of semi automated, because we have to get out of the car -- out of the truck, dump the can into the cart -- you have to have a cart there -- and, then, we will redump the car. It allows, excuse me, people to use their cans, but there are pros and cons to those and we will hear Meridian City Council March 23, 2010 Page 12 of 74 about that. I guess if there is no questions for me, I will turn it over to Steve or Nancy. I'm not sure who is going first. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, while Steve and Nancy are coming up to talk about the different options, one of the items that's in your packets that I wanted you to be aware of is the Solid Waste Advisory Committee compiled all of the different a-mail comments that we received and Samantha Simet from -- from SSC responded to every one of these. We wanted the Council to be aware of the number of requests and number of duplicate types of requests. Of course, many folks can attend the meetings and didn't realize when they would send in a request that we had had multiple requests for the same thing. So, we wanted the Council to see and the people to know as part of the record, all of these issues were discussed by the Solid Waste Committee. Some were not included in the recommendation, because they are not either practical, as we vetted out the discussion and just didn't work, so -- but that all of them were considered. So, you may hear that from other folks and you may have heard that from other people before tonight about the container sizes or glass recycling or they want to use their own trash cans or they dislike the loss of unlimited trash. We did discuss all of those issues in coming up with these recommendations for the solid waste committee and I just wanted you to be aware that that was in your packet. De Weerd: Thank you, Mr. Nary. Mann: I'll just say quickly I'm Nancy Mann, this is Steve Corey, we are the citizen members of the Solid Waste Advisory Committee. We are not City of Meridian employees, we do not work for Sanitary Services, we are just volunteers who are dealing with the trash thing. So, Steve has been with us for about two months. have been around for ten years. We both have been very involved in this committee and you can believe me when I tell you that we have vetted every up and down of this issue. We have done the work for you. I believe all the information is in the packet in front of you, all the issues have been addressed, the good, the bad, and the ugly. So, we can surely by the end of this short presentation this evening answer any questions you might have, because we think we have got it figured out. So, let's let Steve start, he's going to deal with the -- the trash tag system that we have proposed. De Weerd: Thank you, Nancy. Corey: Mayor de Weerd, Members of the City Council, my name is Steve Corey, I'm a citizen of Meridian, and about six weeks ago, maybe two months, I came forth to the committee to testify on one of the subjects that they were considering Meridian City Council March 23, 2010 Page 13 of 74 and at that point, then, they were kind enough to honor me with a request of -- if was available would I join the committee and it has been quite a whirlwind. Over the course of the last six weeks we have had numerous discussions on numerous issues and I have enjoyed at this particular point the chance to go ahead and look at those issues and, then, look at the letters that we have received and they do match up quite well. I think probably 95 percent of the issues have dealt with the -- the ones outside of that are ones where people are asking for us to develop an incentive program for composting or various other situations that would require a budget and we felt that was beyond our scope anyway. Indeed, basically, where this is coming down to is in the concerns that we were hearing, people were discussing -- presenting their views about concerns about protracted renting of containers versus owning containers, that they had containers that they would like continue to use. They presented issues -- possibilities of being compensated for their contains, various other things, and so about a month ago the committee sat down and they considered what changes would be necessary to the City Code to allow use of private containers and we have worked out some language. The following week, then, presentation -- it was moved that we go to a fully automated process where only containers of uniform shape and size would be used and the committee at that point took a vote on those two options and the vote was three-three. So, we are presenting these two options at this point and looking for your advice on those issues. On the tag allowance option the -- as Steve mentioned before, residents of the City of Meridian would be able to have as many of the uniform carts as they would choose to use. Each one would require an additional payment of two dollars per month. There is also a process for having a special collection of waste, if they have demolition waste or other things from their home, heavier items that won't fit in the containers. So, this is something above and beyond that, and it is matching the process that's currently used over in the city of Boise. The city of Boise is requiring a prepaid tag to be put on personal cans before they can be picked up. Going into the pros, of course, we have identified here that the customer would, then, have the option to use their own personal trash can that they have right now and that is really set up to address this issue about the complaints about renting versus ownership or continuing to use the can that they have. What's not on this list is just that there is an existing business for trash cans and that would have to be considered at this point. At this point that business could continue. The cons, though, primarily lead off with the fact that we would be saying that we were having an automated service, but, in reality, it wouldn't be fully automated. As Steve has alluded to, the truck would come up and pick up the cart that SSC supplies and, then, the driver would have to exit the cab and go over and pick up the additional containers, dump them into the SSC container and load it into the vehicle. This, obviously, slows the collection process and the SSC trucks would not be able to service as many residents as -- on each particular route. The other major problem with this is the tag process and making tags available. Tags must be purchased in advance and a process or a system to make tags available to the citizens when they are wanting them would have to be put in place. We do have the indication from the city of Boise Meridian City Council March 23, 2010 Page 14 of 74 that this has added significant hours to their utility billing department and it may, indeed, end up requiring additional staff with the City of Meridian to deal with issues associated with tags and -- go ahead and express this, but the process that would be coming forth would be that if someone wanted to use their can they would be charged a dollar for each time that that can was placed on the curb versus two dollars for renting a cart for the month from SSC. So, there would be an incentive for people to go ahead and switch over to the conforming carts and there may be people that would complain about paying four dollars for their own can to be used versus two dollars for the SSC system. And with that thank you for allowing me to present that option. De Weerd: Thank you, Steve. Mann: Okay. And I believe we are going to have some pictures at some point. Mr. Parsons, do you have that zip drive that has the photographs on it, perhaps? Bird: No. Steve does. Mann: Steve's going to give it to you. Okay. While you guys are hooking that up I think pictures say a thousand words and I, quite frankly, was shocked when saw some of the photographs coming off of the SSC trucks. They do have -- now have the capability of taking a photograph at each residence, so that they can document what date and time that picked up a Meridian resident's trash and, basically, folks in Meridian have really been spoiled over the years, because you could just put out anything you wanted and as much as you wanted and the folks from SSC would come along and pick it up. Well, that really was not a very equitable service, because the little old lady, you know, who lives by herself, like me, maybe doesn't make as much trash as the people across the street who have six children and some in-laws living with them, who put out six to eight garbage cans per week. So, we are trying to make this much more equitable, which is why the automated collection system is being proposed. So, I'm here to say the pros and cons of the fully automated system. I think it's probably pretty logical, if we are going to go automated, we should go automated. The whole point of this is for safety of SSC personnel to decrease the amount of workmen's compensation claims of these guys getting injured all the time. It's going to be much more efficient and they are going to be able to utilize the capital equipment they are going to be purchasing. I think it's going to make for a greater looking city. We are not going to have trash blown around, we are not going to have trash bags sitting on the curbs, it's going to be cleaner, it's going to be safer, and, hopefully, we are going to be promoting our recycling program, because the more stuff you put in that recycling bin the less that's going to be driven up to Hidden Hollow Landfill and the tipping rates up there are going to do nothing but increase over the years to come. We are just going to zip through these pictures real quick and, then, we will go for some questions. We are going to see what the hazards are of trying to pick up trash in the City of Meridian. Let's just zip through a couple of these. Here is an example of large -- large loads of things Meridian City Council March 23, 2010 Page 15 of 74 out on the sidewalk that the personnel, as of today, have to physically get out of their trucks and pick up -- manually pick up and throw into the backs of their trucks. When we go full automated, all the trucks are going to be top loading and cannot be physically -- manually loaded in the back as they are now. The SSC drivers have to come across all kinds of things in the way and hazards during the day, having a hard time getting their trucks into tight areas, as you can see in these photographs. And we will just zip through a couple of them real quick. And I'm hoping we have some here to show what we are really looking for. Just large quantities of things sitting out on the curb, it's very unsightly, it's unsafe, animals can get into these and, you know, haul things away. Very difficult to get to these trash cans here, as you can see with vehicles parked in the way. And I'm looking for -- hopefully a picture of -- here is a tough one. I don't know how the guys could pick that up. I'm hoping -- we have a picture in here of what we would like to see, which is, basically, one recycling container and one or two automated trash cans. Here is an example, but they are too far away from the curb. He has to be able to reach out there and pick -- pick those up. Now, we are back to the beginning again. So, I think you get the idea. We are trying to make it cleaner, safer, more efficient and make -- and make it really easier for SSC to do the great job that they do. So, you have got the fee structure in front of you and I do want to let anybody in the room know that might be here in regards to the cost of this, quite frankly, the new fee structure, some of the Meridian residents, if they recycle more and put out less trash, they will actually pay less per month and they are going to be given a new cart, a recycling cart and a trash cart, and their price per month could actually be less than what they are currently paying. This is not about a fee increase. This is about paying for what service you use. The more trash you put out the more you're going to have to pay. And, hopefully, we can get people to recycle more. De Weerd: Thank you, Nancy. Any questions from Council for Nancy or Steve at this point? Bird: Not at this time. De Weerd: Okay. Thank you. Mann: Did we make it that clear? Clear as mud? De Weerd: They may have questions later. Mann: Okay. Thank you. De Weerd: Thank you. Sedlacek: I believe there is a pdf file on that red zip drive that has the rate structure. Well, I guess we can -- I know that Council has the rate structure. I was hoping that we could broadcast it for the public, too. We will get there in a Meridian City Council March 23, 2010 Page 16 of 74 second. But, basically, right now you have -- there is two rates you pay. You're either paying $13.45 for unlimited garbage collection using your own cans or if you rent a totter cart from us it's $2.88 per cart. And that -- so, if you have a cart it's 16.33 and still unlimited service. We have something right now called the habitual late can fee, I guess that's for the customer that never gets his can to the curb and we got to go back and get it every week. We have never charged anybody that -- that fee. If someone calls and they are late, we just go back and get them. So, we also have free bulky waste collection. That's -- that's an Excel sheet. It's not quite the right one. It's a pdf file. Parsons: What file is it under? I have an open one for -- what's the name of the file? De Weerd: Rate structure. Sedlacek: lJh-oh. Nary: There is one that's in the packet, too, Bill. De Weerd: Bill, if you can pull up the packet that's online. The downloadable documents, you can go in under the first folder -- Sedlacek: That's great. Parsons: Do you know the name of the file? Canning: Do you know the name of the file? We are not going to turn that monitor again. Sedlacek: We will get it up here in a second. De Weerd: Yeah. That way the public has a point of reference, too. Bird: Madam Mayor, could I ask a question while he's waiting? De Weerd: Yes. Bird: Your technicians now, what is your comp rate per one hundred? Sedlacek: We pay about ten percent of our -- for every -- for every hundred dollars in labor costs we pay ten dollars in workmen's comp fees. Bird: Ten dollars? If you go fully automated what do you expect to save, if any? Sedlacek: The state does not differentiate between automation and nonautomation. Meridian City Council March 23, 2010 Page 17 of 74 Bird: That's what I -- Sedlacek: So, we are in a particular category of worker called garbage and rubbish collection. So, how we reduced our payments to workmen's comp is we have fewer employees. You have one guy on a truck who can get hurt, rather than two guys on a truck that can get hurt. Bird: But you're still paying the same rate per -- Sedlacek: Right. Your experience modifier should go down. Bird: Yeah. Sedlacek: And -- but they only allow that to go down so far. The bottom line is we are going to hurt fewer guys. You know, we have people now that we hire -- we hire young men -- there it is. Bird: See if they can figure out how to rotate it. I'd love it. De Weerd: Yeah. Right click. And, then, you will find the rotate. Yeah. There you go. Sedlacek: There we go. So, just to finish the point, we hire, you know, pretty strong young men and after seven or eight or nine years they are pretty much worn out and they have to go find another job. There is no -- there is no future in our business on the back of a truck, unless you move up to be a commercial driver or a roll off driver, but those guys, they never leave, ever, because -- you know, they are more highly compensated and they like what they do. So, with automation we will be able to hire men, women, anybody, you know, regardless of age, to operate one of these trucks. So, on the left side of this screen here you will see the current rate structure, habitual late can fee. Bulky waste is now collected for free, as you saw in some of those photos. If someone wants to put out a washer or a water heater or whatever, we pick it up and take it. Even sofas, desks, anything. De Weerd: I didn't know that. Sedlacek: It's unlimited collection. So, we also charge currently for Freon containing items, like refrigerators and air conditioners and stuff like that. Fall leaf collection for two weeks in the fall is free. Christmas tree collection after Christmas is free. And so comparing that to the rate structure on the right side of the screen, the proposed rate structure, if you have a 95 gallon cart, instead of -- on the left side it's 16.33, on the right side it's 16.32. So, it's a penny less. And that just worked out that way. So, fora 64 gallon cart, plus a recycling cart -- so that's two carts, that's 14.32 and, then, another two dollars off if you can get all Meridian City Council March 23, 2010 Page 18 of 74 your garbage into a 35 gallon can. Okay? So, all these rates include two carts, the red lid recycling cart and a green lid garbage cart. And the recycling cart can be any size you want. If you want to have a huge recycling cart, that's fine, and, then, a small garbage cart, 35 gallon, that's fine, 12.32 a month. So, that's -- we are trying to get some incentive to reduce your cart size extra waste on the collection day, a dollar per can. Now, this is the question, if you want to go fully automated, that line disappears. There is no -- there is no personal use of garbage cans. And to put out extra weight -- or waste you will have to get an extra cart, two dollars per cart per month. Now, if you're going to tag a bunch of stuff every week, it's going to be cheaper pretty quick to just get a cart. I mean that's why it's priced this way. Some people don't want to store carts, though, and they are going to want to continue to buy these tags, if that's what you want to do. The question is how do you ease the public into this? And maybe there is no easy way. Some people want this, some people really don't want this, and I understand that. But how -- so, how do you -- how do you move forward is the question. Is there a question for me? Hoaglun: I did. Madam Mayor. Steve, on this chart where you have extra carts, the two dollar per cart per month, any size -- so, in those a-mails there are a lot of folks saying, gee, I have a lot of yard waste, I do this, I have seasonal stuff, that -- so, if they already have a -- a 95 gallon and that's 16.32, that extra cart is only two dollars per month more and that includes the pickup? Sedlacek: Yeah. Hoaglun: So, it's still a pretty good deal, in my book. I mean that's -- but you would -- you would recommend doing something that as -- that would be an option, as opposed to having the extra dollar per can where the driver gets out, they put the sticker on, he gets out, dumps it into the cart, they -- then, they use the automated pickup and go from there. Sedlacek: Yeah. Hopefully, we -- our guy would tear the sticker off, so they couldn't use it again, but he might not. You know, one of the things about the system is that bags are no longer allowed. Just a bag sitting on the curb is no longer allowed. A plastic bag. It's got to be in some sort of can that we can grab. So, a lot of people will say, well, you know, every so often I have an extra bag, what am I supposed to do? You know, this is so constraining to me. I don't want to go rent a cart for two dollars, I mean I only need to every so often. The cart's huge. Well, one comment is -- well, you could save it until next week. I don't know if that works for some people. Maybe you have had a party at your house and you got just some extra stuff and you want to get rid of it, should you allow -- should the city allow them to buy a dollar tag, put it on their old can, and set it on the curb? Because they might just want to do that once every six months. Honestly, if I were that person I would go to my neighbor and put it in his cart that was only partially full, but -- Meridian City Council March 23, 2010 Page 19 of 74 Canning: With his permission, of course. De Weerd: Oh, thanks for suggesting illegal activity. Sedlacek: That's perfectly -- if you have your neighbor's permission, that's perfectly fine with us. De Weerd: Okay. I like that, then. Zaremba: The point is you have to first have invited the neighbor to your party. Sedlacek: So, almost all -- a lot of the a-mails are how do you deal with extra waste. I just have this occasionally where I just have more -- I have to have some mechanism to handle this. If it's every week for month after month, well, just get a cart. I mean that's pretty simple. It's the -- it's the sporadic occasional thing where our system now you don't have to think about it, you just set it on the curb and it goes away. So, how do we change that? How do we move towards something where you have to think more about what you're throwing away every week. The -- just getting back to the rate structure, if I have answered your question, Councilman Hoaglun, for a cart to -- pick up or exchanging for a larger cart, there would be a fee for that, 12 dollars per cart. We -- what we want to avoid is people calling us and saying, hey, I had a Super Bowl party at my house, bring me a cart and, then, three weeks later come pick it up and like no charge for it. Well, there is a transactional cost there for us. We have to charge to -- we don't mind delivering carts that are going to stay at people's homes, but constantly picking them up is an issue for us. Okay. Also the habitual late can fee goes to ten dollars per occurrence. We have now switched our trucks over with GPS tracking and the camera system, so we know exactly when we are at your house and we know if -- you know, some people used to say, well, you know, you missed me. Well, you probably weren't out. I mean that whole discussion is kind of over with a lot of the customers, so -- and that's fine. If they're habitually late we will charge them to go back. If it's just once, they have never called us before, we will just go back, pick it up for free. Not a big deal. That's sort of at our discretion and the SWAC talked about that. We will have this collection -- special collection service is, actually, something we had under the old rate system for commercial accounts. We used to have customers that would call us and say, you know, come pick up the container and clean out the -- clean out the enclosure for us and we would do that for a fee structure, I think it was 15 dollars for five minutes and, then, so much a minute after that and we'd send them a bill. Or the city would send them a bill. Well, this is now something that we can do for our residential customers, if you have got a huge mass of stuff like those -- some of those pictures, they would be charged this rate in the future and they would be paying, you know, 50 or 60 dollars to pick that mess up, not zero. We will still have fall leaf collection. We will still have Christmas tree collection. We will go to an unlimited waste collection the week after Christmas, so you can go back to your old ways for a week, put everything on the curb you want and we Meridian City Council March 23, 2010 Page 20 of 74 will pick it up. Now, you will have to have your cart out there, so we can get the stuff in the cart and get it in the truck. De Weerd: Can you get your Christmas tree in the truck? Sedlacek: Sure. De Weerd: I mean in the can. Sedlacek: Christmas trees are collected separately in a separate truck. De Weerd: Okay. Sedlacek: Right. Just like fall leaf collection. It's all separate. Those are all handled separately. So, that's the new rate structure proposed to you tonight. I'll stand for questions or I'll sit down and let the public talk. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have a question about one of the options that you want us to -- to work through. In the option where you would allow people to continue using their own can, there was a limit on that as well, but there could only be 50 pounds in a 35 gallon container. Sedlacek: That's correct. Zaremba: My question is that's similar to the rules now. Sedlacek: That's correct. Zaremba: Do people comply with that? I mean how often do you come out and find the can weighs 85 pounds or a hundred pounds and -- Sedlacek: We -- honestly, the current weight list -- the current weight limit for a can in the ordinance I believe is 65 pounds. Bird: Sixty-five. Yeah. Sedlacek: Sixty or sixty-five. And since we are lifting into a higher level than the back of a garbage truck, we are reducing the weight by ten pounds. Honestly, we lift cans that are overweight every single day and I'm not sure if a majority of them are, but I would say a lot of them are. But it's easier for our guys just to lift it and get it done, than argue about whether it's two pounds over weight. So, you know, if it's 75 pounds, we will lift it. So, hopefully, if I said a 50 pound limit, we Meridian City Council March 23, 2010 Page 21 of 74 won't go to 80, going to a 60. I mean I don't know. But we do tag them and we do not dump them. Zaremba: I'm just saying human nature probably doesn't change. It just -- those who put whatever in there they want to do will probably do that -- continue to do that. Sedlacek: We are also going to ask people -- you know, if you have got a bunch of heavy stuff, that's fine, but put it in your cart first. Zaremba: Yeah. Sedlacek: And if you want to put it in an extra can, try to put the lighter stuff in the can, so we can make sure we pick you up. De Weerd: Okay. Any other questions at this point? Bird: I have none. De Weerd: Mr. Rountree. Rountree: Thank you, Madam Mayor. Steve, proposed implementation date. Sedlacek: We have talked in the past about this occurring in May. So, I will just leave that whole month open. It's going to take some time to deliver carts and get them to the right houses and the right sizes to the right people. This isn't something that can occur in a couple days, it occurs over weeks. So, I would assume we would start implementation early May, finish by the end of May and be fully automated or whatever automation you want to call it in June. First week of June. Nary: Madam Mayor? De Weerd: Mr. Zaremba. Nary: To add to that, part of what would drive that decision or that timing would be two things. One would be the rate decision from tonight's meeting, the hope for is to get direction from the Council to go forward with advertising these rates. Although these rates are lower, they are different, so we are going to have to advertise these rates as essentially a new rate for people and, secondarily, there are some changes that are necessary to the ordinance. Not major. The number one change is the unlimited trash collection. That's in the current ordinance now. So, before we can implement a limitation on that, we will have to amend the ordinance. That takes, again, a couple of weeks for rate changes to have a public hearing, a couple of weeks to bring an ordinance change back as well. So, it still can get done in the month of April, so whatever you're comfortable with Meridian City Council March 23, 2010 Page 22 of 74 timing. And if you don't mind, I'll just add one more thing. Myself and Carrie Glenn, the billing manager, Steve Siddoway and Tom Barry, were on the committee as well from the city's perspective and, you know, we really -- we really struggle with all of these decisions. I mean we -- not to be cute, but we are real immersed in this garbage thing and we are really pretty -- pretty in tune with what we see out there, but we recognize that there is a lot of folks that changing their behavior is very painful and it's been a very big struggle for folks to even consider that on whether they can change how much yard waste they accumulate and how -- how they accumulate it and when they accumulate it and same thing with trash. So, that's why we had a split decision of the committee is trying to remedy both the concerns that were addressed by folks who really maybe can't change, don't have the means to change, or at least don't have the information to change yet. Yard waste is the biggest driver of this decision. Most of the people found in a lot of the a-mails that we received from the committee were that the recycling program is working, it is getting people more conscious of it, they are using it more -- in fact, they would like pickup even more often, because they use it so much and they find that their normal household garbage has reduced by half, you know, a third, two-thirds, and they don't really need as large of garbage cart anymore, but they do occasionally, like Steve said. Super Bowl. You know, family parties. Thanksgiving. And, then, all summer long. So, part of the -- the struggle for the committee was trying to create a system that would either make people make significant changes to their behavior today without much transition or allowing them transition with their own -- with their own garbage cans. There is more administrative time and effort to doing that. So, that's really why we -- we were split on whether that would make the most sense. Easiest, pick it up in the can that's provided, get extra cans if you need it, pay the extra couple dollars and it's a lot easier, but it is very difficult for folks. So, I just wanted you to know that at least more for the public I think that we really struggle at trying to meet everybody's needs and desires in these recommendations and we think we have done the best we can to at least alleviate those and leave, really, that -- that last decision, really, to the Council on how much more you want it to go. De Weerd: Mr. Sedlacek, I guess I would have a question regarding the discussion around the summer waste, because I see that probably has the largest amount of concern, and when -- you would think to rent the extra can or extra cart it's seven months, approximately, that you would need this and, then, you have to pay a 12 dollar pickup, that kind of defeats the purpose. Then, you have that cart year around and you're not really encouraging the recycling and the waste reduction behavior. So, have you talked about maybe a special yard waste rate? I know we have been talking about composting and, hopefully, at some point we can move in that direction, but I just thought I would ask, because I know I'm going to be a big person on that, too. Sedlacek: Well, Madam Mayor, I'm sure you'll start mulching your grass and you won't need to throw it away. Meridian City Council March 23, 2010 Page 23 of 74 De Weerd: I do every other week, but you can't mulch always or you get mushrooms and all kinds of great stuff in your yard, too. Sedlacek: Well, Madam Mayor, we have talked about this a lot. This is the issue. I mean I know the Public Works director and I want to come before you and talk about composting in the near future, about a pilot project to do that. Right now grass is garbage. It goes to the landfill. So, we haven't talked about having a separate collection of grass per se, because it's all going to the landfill. You know, with regard to people, you know, using a cart for seven months and, then, not having to use it for five months, that's part of the reason why the rates only two bucks. You know, the disposal fees on that are going to consume most of that two dollars. So, you know, I guess I'm -- I'm of the opinion that people will keep them all year around, they will end up paying ten dollars a year, you know, those five months at two dollars a month, more than maybe they should have, but if we want to allow people to turn them in and get them at -- at -- at anytime, that's fine, but that two dollars isn't going to be two dollars, it's going to be like five dollars, because I have got to recover my cost of sending people in and out every day, I have got to store the cart, I have got the capital cost on the cart. You know, I have got to -- you know, I guess the rules have to be one or the other and we can go either way. De Weerd: I would love to say I was just playing devil's advocate, but ten dollars is ten dollars, you know, so -- Sedlacek: And I agree. I agree with that. Right. De Weerd: I understand the other side of the argument, though. And I am going to take lessons on composting, so -- Sedlacek: Well, just to be fair, Madam Mayor, I don't think composting is the be all end all to grass problems. You can't compost grass only. It's a green waste and waste thing. You have to have all of it to do it. De Weerd: I do. Sedlacek: Perhaps it is an end all for you. You know, grass -- there is issues with grass and it needs to be mixed with things like biosolids, like you have at the waste program -- treatment plant for it to be successful. So, it's a really tough issue. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 23, 2010 Page 24 of 74 Zaremba: You can tell which way I'm leaning on having people use their -- continue to use their own carts in an -- in what we hope will be an automated system, but let me just maybe frame a quantity on it. If we are saying under the current system where people have been billed separately to have a cart, only 35 percent of us don't have a cart. In the automated new system where the cost of the cart comes in the price of the service, I -- just off the top of my head I would guess that a good half of the 35 percent that don't have carts right now would easily take a cart and there would be no struggle there. So, we may be talking about 15 to 17 percent of our citizens that might have some objection, saying they have recently spent 20 dollars on a cart of their own. Sedlacek: Correct. Zaremba: I happen to be one of those people, but I -- I feel that I would very happily use my -- the cart that I bought at a hardware store for some other purpose and use your cart -- I'm just -- what I'm narrowing it down to is it looks like this is a 35 percent of the people problem, I'm guessing it's probably five, eight percent of people problem that we are talking about, and to invent a whole secondary system to deal with that small -- I realize every individual is important, but -- but if we are trying to go to an automated system to allow five to eight percent of the people to have a different system I don't think is practical. De Weerd: For the sake of discussion, I withdraw my suggestion. I just found a way I could do it. Sedlacek: Madam Mayor and Councilman Zaremba, you know, the issue is people have purchased cans, as you have, and should you be allowed to continue to use them with a tag and if you want to do that, that's fine with us. If you don't want to -- and have a truly automated system, which everyone -- or everything is in a car no matter what, that's -- that's Option B. I'm happy to -- think we are moving forward in either option, from my perspective. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, tell me on the automated trucks, how much higher -- if we had to physically throw the trash in, how much higher are we than the existing trucks we got? Sedlacek: How much work -- the -- Bird: The -- well, you come up and go down in the top, don't you? Sedlacek: That's correct. It comes in the top. Meridian City Council March 23, 2010 Page 25 of 74 Bird: So, if you are going to physically -- now you got alittle -- you're maybe three foot off the ground where you throw it in. Sedlacek: Right. Exactly right. Bird: Okay. So, manually you're going to have to go up on top and bring it down? Sedlacek: No, sir. Bird: You still have the back open? Sedlacek: No, sir. Bird: Okay. How are you going to do it in a regular can like -- Sedlacek: The -- the only way a person could set out a regular can, like Councilman Zaremba, is if he also set out his cart. So, we would dump his cart, we would see the can next to it was tagged -- Bird: What if we don't have the cart? Sedlacek: Then, you don't get service. The only way to get -- the only way to get garbage in these trucks is the opening, as you say, is ten feet in the air, is using a cart. Bird: I think the question is you either automate or you don't. De Weerd: That's what he's asking. Rountree: That's the question. Bird: Right. De Weerd: Okay. We will save all the rest of our questions for -- Bird: Somebody else. De Weerd: -- summary. Sedlacek: All right. Thank you. De Weerd: Thank you. Okay. I do have several people who have signed up and when Iraise -- or read your name, if you would like to come forward and provide testimony, we would invite you to do so at that time. And if you didn't Meridian City Council March 23, 2010 Page 26 of 74 sign up I'll ask for any additional testimony at the tail end. Liz Pew. Yes. Please come -- come on down. And if you will, please, state your name and address for the record. Pew: Okay. Yeah. I'm new to this. So, Madam Mayor, Members of the Council, thanks for allowing us to have a chance to voice our opinions. My name is Liz Pew and my address is 5280 North Debussy Way in Meridian. I came here -- I have been following a lot of the a-mails with -- with the -- with the solid waste company and I have been following that. I have been to at least one meeting where we were able to ask questions and do that. I -- I do applaud them for starting the recycling first. It does -- it has given at least me personally a chance to see what I can do with that and how much waste I can cut down. I still have some concern. Meridian is a rural community. We are not -- we are not big city and we do have a lot of rural waste, you know, just the yard waste, like we have talked about tonight. I am sad that people abuse the system. I am not one of those. And I'm sad that some do. I also recognize the fact that it -- that it is very demanding physical -- physically. So, I'm not against going automated. However, I am one of those that do have at least twice or three times a year the large, you know, yard waste, because we still, you know, cut all that up and put it out. My guess -- part of my question might be is it possible that we could -- rather than adding the extra cans I'm not going to use every month or every week, possibly -- I have two suggestions, maybe. Could there be one week a month where we could put out extra in those plastic bags that could be thrown into our cart? I personally think that throwing a couple plastic bags into my wheeled cart would be easier than lifting a big garbage can every time for that person who might come. And the other question might be if they don't want it -- you know, maybe if we don't have one week a month we could do that, possibly just, you know, have the tags for those plastic bags that could be throw in that bigger receptacle. I -- those are just a couple of ideas that came to mind. I know it's complicated. But I need a way to do it and I'm not going to use that can all year around, so -- that extra can. So, I -- it's complicated, but those -- maybe a couple suggestions, a couple questions. Thank you. De Weerd: Thank you. Hoaglun: Liz, before you go -- Pew: Yes. Hoaglun: Real quick. Question if you don't mind. Pew: Yeah. Hoaglun: I'm in the same boat. I'm doing the recycling and it has dramatically reduced how much I throw out and I'm -- when I started doing the figuring for me I'm thinking, you know, that 65 gallon gives me enough excess capacity, because Meridian City Council March 23, 2010 Page 27 of 74 now I just have the 32 gallon can I put out, because I recycle. So, by going to the 65 I'm -- because I'm in the same boat, I -- we have an acre. We used to be a farm and so we have a lot of waste. We do composting, but my -- we still have -- you know, you trim shrubs and trees, everything, so I'm trying to figure out, okay, how do I do that and I'm going to -- I think I can do the 65 gallon and add -- add -- be able to fill some of that extra capacity. Can you do something like that, too? I mean that's how I was thinking I could go and I don't know if that was an option for you or -- Pew: Well, you're just saying because I won't use it fully all the time and I could add extra -- Hoaglun: Correct. Right. Pew: Yes. I have some concerns because when you're cutting back shrubs they are very large and as it is it's been nice to not have to cut them down to more than four feet. Hoaglun: Right. Pew: As we have to start cutting those down, those take up a lot of room. A lot of room. Hoaglun: Yeah. They do. They do. Pew: I -- in the spring we now hire someone to come do it, because Ican't -- I can't get rid of all that waste anymore, it's a lot. So, they come and haul it away. But in the fall -- I can't afford to do it both times, so we do it all ourselves and it's a lot, you know, when you're doing the bushes. And cutting that down would be pretty tough to fit in those -- you know. And I guess do -- but do I have to pay 12 dollars to get the can and, then, the extra monthly fee and, then, I don't need it for the rest of the year. I have to pay it to have them come pick it up again -- it's complicated. So, could I bundle those? And for -- you know -- and it doesn't all come at the same time, so you're not going to have just that one month in November, like the one week they will pick up my leaves. Well, my trees all fall at different -- you know, different times, because there will be several times, you know. I don't know. Yes, I could get some in it, but I -- I think I have too much. Based on my past experience I'd have more than that. And I could do it two weeks at a time, but I still think with all the bushes it's going to be -- Hoaglun: Yeah. I'm in the same boat. I understand. My wife's a master gardener, so I'm really up to it with cutting and different things, so -- and that's one thing I'll ask Steve, you know, we can take things to the Franklin Center there, so -- because I have done that a time or two, you don't have to drive out to Hidden Hollow and -- Meridian City Council March 23, 2010 Page 28 of 74 Pew: Well, that's nice, but I don't have a truck. Hoaglun: But you -- yeah. I know we had a van for awhile, I'd bundle things up and I get too much and just take it down there, so -- Pew: I wish I had a truck, but I don't, so -- Hoaglun: Okay. Thanks, Liz. Appreciate your involvement. Pew: All right. Thanks. De Weerd: And Thomas Sower. Sower. I should know your last name, but -- thank you for joining us. If you will, please, state your name and address for the record. Sower: My name is Thomas Sower. 4089 South Cabola, Meridian. And especially for Councilman Bird, I'm not sure it came across quite clearly enough, but my understanding is that you have to get one of these carts besides your own personal cart, so -- if you put out additional. But I don't believe we should do this halfway. If we are going to go automated it should be a hundred percent automated. I don't think there should be any manual whatsoever. If people have a lot of garbage, which I don't, they should rent the additional carts, it makes it easier on everybody, and if they don't use it every month, every week, it doesn't matter, it's cheap compared to what it would cost to do the tag system. So, think I agree with Nancy, automated or nothing, if we are going to go that route. And I guess is that still a question as far as the Council is concerned? De Weerd: It is the question that SWAC is asking tonight. I think it's a reaffirming what decision -- Sower: Can we stay the same as we are today or do we -- are we transitioning to the automated? De Weerd: The recommendation is to transition into the automated. Sower: Or can we just go into it period? I don't think -- De Weerd: I think it's -- well, we have been transitioning and that is the question. Yes, either you do it or you don't. Sower: Uh-huh. And I don't think -- personally, I don't think the tag system is a viable option for extra, because they have to get out of the truck, they have to throw it in the dumping container, and, then, they have to go back in the truck and dump it again. Where is the savings? So, that's, basically, all I really wanted to say, then. So, thank you very much. Meridian City Council March 23, 2010 Page 29 of 74 De Weerd: Thank you. Karen Babcock. Thank you, Karen. David and Wendy Lushbaugh. If you will, please, state your name and address for the record. Lushbaugh: David Lushbaugh. 3041 West Bonner Street in Meridian De Weerd: Thank you. Lushbaugh: This is all new to me, but this screen -- you can't see it back there. It's too small. And I do most of my lawn. Only thing is you have to cut it twice a week and I do compost and that stuff. The only time I have extra stuff is when I trim my bushes and stuff and I was recycling them, but, then, they got this great big old thing and I don't have room for it, so I stopped doing it. So, that's all I got to say, so -- if they are going to have smaller recycling bins, I guess I'd probably use one. De Weerd: Okay. Well, we will get clarification on that as well. Okay. Thank you, sir. Okay. Those were the names on my list. Is there anyone who would like to provide testimony or comment? Okay. Yes. Ken, come on forward. Altig: I'm Ken Altig and I live at 101 East Carmel Street in Meridian and it is a senior community, so everybody in there is over 60 years old, up to in their 90s, and I just had a few questions. I -- I didn't understand -- now, are they going to charge for both cans, the garbage and the recycle? Just the one can. De Weerd: All included in that price. Altig: In one price. So, if you have a 66 gallon trash, that is the price for both cans; is that right? Okay. And also I have a question about what do they do if somebody's put their garbage can out and somebody parks a car in front of it before they get there? Are they going to get out and move this cart, so that they can get to it with the truck or are they going to leave it? We are rather limited with parking in there and as guests come in they come -- will park in front of a mailbox or garbage cans or whatever there is. And I have a question what they will do with the carts that are blocked by a car that somebody's parked in the street after it was put out. And that's my main questions right now. De Weerd: We will ask Mr. Sedlacek when he comes up. Thank you, Ken. Okay. Any further comments? Mann: I have one more, if I may. De Weerd: You certainly may. Mann: Thank you. In regard to the discussion -- De Weerd: You will need to restate your name for the record Meridian City Council March 23, 2010 Page 30 of 74 Mann: I'm sorry. I'm sorry. I'm Nancy Mann. 34 West Claire Street, chair person of the Solid Waste Advisory Committee. De Weerd: Thank you. Mann: One of the major issues here seems to be large bundle branches, fall clean-up, spring clean-up, big items all at once on people's properties. We have addressed that in detail. I think we spent about four hours on that in discussion, eight of us, and you will notice on the waste collection rate schedule that there is a special collection service. For 20 dollars the solid waste -- or, excuse me, Sanitary Services will come over with their bulk truck and they will pick up everything that you have out on your curb that's not in special containers, waste branches, trash bags, grass, whatever. And for ten minutes -- for ten minutes of their staff time for 20 dollars they will pick up all that stuff in the front of your house. So, these folks that have concerns about once a year, twice a year, they have a large bulky waste and they don't know how to get it off their property, for 20 dollars they can get it off their property. And I would be happy to pay 20 dollars for somebody to come and do all that work for me. I don't know where else you're going to get somebody to do that for 20 bucks. Or you can take it to the transfer station. De Weerd: And, Nancy, you wouldn't have to cut your twigs to a certain length, you could -- Mann: I don't believe so. I'm sorry. Four feet. This also goes along with couches, desks, toilet bowls, engine blocks. De Weerd: So, you have to cut your couch to four feet? Mann: Okay. So, that's one of the options. So, bulky waste can either go to the transfer station or it will be collected at the property for 20 dollars for ten minutes worth of staff time. Thank you. De Weerd: Thank you. That's a very good point. Okay. If there is no further public testimony, I would ask -- before we have Steve come up, Karen would -- or Reta, would you like to speak on behalf of finance? Hoaglun: Madam Mayor, as they are coming up I'm kind of curious -- if we go to the extra waste collection day, a tag system, if you will, where they can put out their regular garbage can, dump it in the other one, they buy the tag -- how are we going to administer from the billing system? What's that going to take to make that happen? So, can you guys address that? Glenn: My name is Carrie Glenn, I'm the utility billing manager Meridian City Council March 23, 2010 Page 31 of 74 Cunningham: I'm Reta Cunningham. Controller. Glenn: We have actually been doing some tallying, some logging, that kind of thing, comparing with Boise, since they have just kind of experienced this transfer. As far as the tag system, we would either have to just sell them in- house to where customers would have to come to City Hall. I know Reta and I have both contacted some agencies outside of the city limit -- agency. We have had one pretty large chain say that they would be interested in selling them in their stores. One of the smaller businesses didn't -- that I talked to really didn't have much interest in doing that. As far as administering the program, if somebody come in, we would have to manually charge that to their account, collect the money, and give them the tags. If we chose to do it on the Internet they could pay -- we would have increased postage trying to get the -- trying to mail them out. That kind of thing. That would be one of the drawbacks as far as the tag system, on a Sunday afternoon you're trying to clean up your yard and you have no tags, your trash days on Monday. There you sit. You have no way to do it. Hoaglun: Carrie, real quick. On the store, through a vendor, are they -- do they want a cut of whatever the charge is? If we sell them for a dollar do they want 15 cents, 20 cents? Did they say? Glenn: You know, we didn't get into that. We just talked about whether or not they would even be interested in something like that and they said as long as they were bar coded or actually have serial numbers on them, so that they could track them for inventory purposes, they would be willing to actually purchase up front from us and, then, they sell. Hoaglun: Okay. Thank you. Glenn: I think overall either of the options that you have heard tonight is going to have some increased administration effects. We are going from a one rate structure to a three rate structure. So, all of those -- all of the people that maybe start out with a big trash can now want to go to a reduced size, all of those code changes are going to have to be done. I have -- I have made contact with IT, so we are working on getting an import procedure to where we could just do it electronically, change those rate codes. Right now it's all done manually. Cunningham: I did talk to Boise city also and they, actually, have 66,000 customers and they said they are getting about a thousand adjustments a month. That's a thousand customers a month that are going from different can sizes. Then, when we talked about the tags, they said they are getting about a hundred calls aday -- they are averaging a hundred calls a day requesting tags and, then, they are mailing them. So, just to let you know. And they said it was a huge impact. They didn't add staff and now they are going to have to look at hiring one more just for the tag system. Meridian City Council March 23, 2010 Page 32 of 74 Hoaglun: Just a comment on that. I mean in this day and age, you -- the economy and, of course, our revenues reflect that. That's -- that adds up. And -- and that one dollar -- I guess that's a question for Steve when he comes back up, is who gets that dollar? Does that all come to us? Is it split? Because we have got to mail those things out, that sort of thing. Plus staff time and everything else. So, that's something -- it all boils down to dollars and cents on that. Cunningham: That's right. Glenn: Any other questions? De Weerd: Anything else from Council or staff? Thank you. Okay. Steve. Sedlacek: Madam Mayor, Members of the Council, I guess in summary we are here to try to develop a system that is more rate based, more user based, more of a fee based structure based on what you have put on the curb. We are trying to get a system that is -- protects workers, a little bit more modern than what we have now, and so the question is how do we move forward. I guess to the -- I guess it's Liz -- I didn't catch Liz's last name. Although I remember you at some of the public meetings. De Weerd: Mrs. Pew. Sedlacek: Mrs. Pew. If we did go to an unlimited collection every third week or fourth week, my comment is let's just do it every week. I mean what the heck. Now, we do have the rate -- the collection rate where we can come out to your house and for ten minutes from 20 dollars we will pick up whatever you have got on the curb. Your question about sofas, do they have to be cut to four foot lengths. No. We can feed half that sofa in, we crush it, and we feed the other half in and crush it. It's kind of fun to do every so often. If you're cutting up branches, though, they do need to be four foot lengths, because that's the width of the back of the truck. We need to push them in that way. So, it can be dangerous putting stuff halfway in and smashing it. Things fly. People get hurt. De Weerd: It gets dirty, too. Sedlacek: It's not good. With regard to what do we do in front of a place with a blocked car -- or a car blocking a can, our driver's do get out and move the cart and dump it and, then, put it back. They won't necessarily walk all the way back around the car and put it back where it was, they will set it someplace -- probably near the mailbox or, you know, on the front edge of the car or the back edge of the car. The new carts we are ordering are -- Zaremba: I think they should put it on the roof of the car. Meridian City Council March 23, 2010 Page 33 of 74 Sedlacek: Well, these things happen. And one of the things, to let you know, is if this happens every week, we are going to stop getting out of the car -- or getting out of the truck and moving it. We do have issues where stuff is chronically forever blocking -- you saw some of those pictures where people park on 90 degrees from the cul-de-sac and we can't even turn our trucks around. Or the one picture where the guy just decided to park in the middle of the road. I think the police department took care of that. There is always strange things going on and if there is chronic problems we take a photo of it and we don't dump the cart. Now, if it's just a once every so often deal, that's fine. That -- you know, we will get out and move it. So, it's a little bit to -- at our discretion. We are not trying to, you know, upset anybody, we are just trying to move efficiently through the town, keep our structure -- rate structure down, and get everyone's trash picked up, so -- I think that's it in summary for me, unless you have questions for me. De Weerd: Council, any further questions? Hoaglun: Yes. Steve, what is the cost -- if someone brings out yard debris to -- to your Franklin facility, what does that charge run? Sedlacek: It's -- right now it's nine dollars a yard. If it's grass only it's seven dollars a cubic yard. We are actually starting a program where if you bring clean, fresh, grass to us, we are going to segregate it and we are going to get a dairy farmer to pick it up every day and they are going to go use it for cattle feed. So, we are diverting that from the landfill. And, hopefully, that seven dollar a yard rate will go down -- I'm not sure. We will see how efficient he is. But if you don't have a truck, as Mrs. Pew doesn't have a truck, that's -- that's a good point, you know, it's tough to get stuff to us sometimes. But if you have a truck take -- and we take metal for free, cardboard's free, carpet pad, you can dump that off at no charge. Because we turn around and sell that material. Hoaglun: And just to kind of comment, we have talked, just so folks understand, a long term there is a vision to do composting and these types of things, we just aren't there yet. I mean this is -- we are phasing things in, we are making changes down the road. We want to do it -- there is a lot of issues surrounding that, a lot of cost. We will get there some day. Sedlacek: I think so. If you look at other parts of the country, most places -- or a lot of places -- I wouldn't know if it's most, but, you know, where I grew up now -- you know, they used to come into my parents garage and pick up the can and take it out and dump it and put it back. That doesn't happen anymore. Now, they have -- my parents have three cans, one's for recycling, one's for waste, and one's for composting. And that's a fairly typical system. Composting costs about 30 dollars a ton and that's -- we are paying about 25 dollars a ton for disposal now. So, it's slightly cheaper to just continue to throw it in the landfill. And we are struggling with that financial issue right now and -- but we are working with Meridian City Council March 23, 2010 Page 34 of 74 the city to try to figure that out. It's going to be a few years, though. It's not -- it's not like next week. De Weerd: Okay. Anything else from Council? Rountree: Madam Mayor, Idon't -- I don't have any questions, but I do have some comments and I first want to recognize Nancy Recycle It Mann. She has been with the SWAC committee for -- she indicated ten years and it's because of her -- I think involvement and interest a number of years ago why the city moved towards recycling in the first place. She's stuck with that committee. I have sat in on numerous meetings and she's kind of the driving force and a breath of fresh air when it comes to just getting down to the brass tacks of the issues. I really have appreciated her time and energy and we need to do something for her one of these days. I don't know what it is, but maybe we could build a collage or something out of recycled pop cans or something. She'd probably like that. De Weerd: I thoughts it was continuing her service. Rountree: But if she would continue, that's -- that's well. I'd also like to recognize the rest of the SWAC committee. They have worked hard this last six weeks, but they have worked hard over the years with all kinds of issues related to trash and trash collection and recycling for the city and have done a great job. The newest member, Steve Corey, we just kind of -- he showed a degree of interest and some insight I think to the committee members and it was an easy call and an easy suggestion that he would be a benefit to the committee as well and, Steve, I appreciate you taking on that assignment. And as far as SSC, they have been a great partner with the city, they have -- they have held fast with the Solid Waste Advisory Committee. They have listened to the desires of the City and the Council. I can guarantee if there is a public event in the City of Meridian, they are there and they are there on their own time. They are a great partner to the city. And, lastly, to the financial department in the last six weeks -- I know they have been cringing at what might happen and where this might go and we have yet to make that determination, but thank you for your patience and time. And, hopefully, we can get on with a decision this evening and move forward. Thanks, Steve. Sedlacek: Thank you. De Weerd: Thank you, Mr. Rountree. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on the Solid Waste Advisory Committee. Meridian City Council March 23, 2010 Page 35 of 74 Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7- B. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I'm very pleased about all the things that have been considered and discussed and I am on the side of saying if we are going to do this we need to do it a hundred percent. Automation is certainly the right way to go and I believe we need to find a way to go to a hundred percent automation, not have a separate parallel system to get around not being fully automated. I'm -- that's not very eloquent, but I think we need to go to full automation. That's my comment. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: In going into this I was one of those folks that puts out that extra can once in awhile. That was about a year and a half ago when we first started talking about this and I have since done a lot of thinking and activities related to residential waste management and have not necessarily eliminated that option, but pretty much gotten rid of it. Brad asked about, well, what's it cost to go to the transfer station. I can tell you I went yesterday, it cost ten dollars for a fairly full pickup load of tree trimmings. If I would have rented a cart under the proposed fee structure for extra storage of yard waste, I would have had to have that cart for five months in order to make it pay and it was -- it was just easy to either take it myself or it would have been just as easy, because it was all bundled up, to call and have SSC come and pick it up for 20 dollars. I was inclined to think a bag tag or a -- in this case a proposed can tag was probably the way to go. Having heard some of the comments this evening, I guess I'm inclined right now to say let's -- let's just move forward and let's just do it and move forward and work out the wrinkles if there are any. So, I'm -- I'm at this point of changed in my position that would have been -- and Nancy's nodding her head, she knew what it was a week ago -- to let's -- let's automate this rascal and move forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council March 23, 2010 Page 36 of 74 Bird: I agree. Let's move forward. I have a -- I have a problem with that tag system, because I think it's going to be a can of worms. A big time can of worms. And if you -- if you look at it, get two 65 gallon receptacles and it's the same as if you got a 95, so you have got two cans. You know, there is ways of working with it. SSC has always bent over backwards to make sure they have been fair to our consumers and I think it's time that we go to the automated and no messing around. I mean I -- let's do it. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple of comments. I always find it fun when we have public hearings and we had discussion earlier and no one commented on it, we spent 88,000 dollars, but it was federal money, don't worry about it. No one commented, but, you know, we want to talk about two dollar can fees, boy, we are all over -- that's just -- that's just the way it is. It's kind of fun. That's just an observation. That's one thing we do worry about on the Council and the Mayor is worry about costs. What does it cost the rate payer and what does it cost SSC, what does it cost the city, because, ultimately, that's the taxpayer dollars that are paying for that, however that comes in, whether it's through billing services somewhere else. I have done some calculations that -- in fact, it's interesting -- I'm like Councilman Zaremba, I didn't -- when we were annexed into the city many years ago, I kept my 32 gallon garbage cans, because, to me, that 2.88 a month, added up to 34.56 a year. Now, why would I want to pay an extra 34.56 a year when I got regular garbage cans that do just fine. So, I appreciate SSC making this work. One of the concerns I had when they first came to discuss this was what about those folks that don't generate that amount of trash, the folks that -- the Johnsons that live right across from me, an older couple, retired, they put out their little sack every week and I bring out my cans and whatever I have and put it out there and we are paying the same rate. And that -- that worried me a bit, because the folks -- they can actually lower their trash bill and I think that's a good thing and folks who need to put out a lot, they are going to have to pay for it and that's -- that's what we are going to and we have accepted that and -- and from the standpoint that Liz brought up, you know, I feel her pain. I'm in the same situation where I have got acreage, got property, how do I deal with that. You know, I was up in that corkscrew willow Sunday afternoon, my wife just wanted that one branch cut. Well, several bundles later, including some logs I need a chain saw to cut, you know, now what do I do, you know, that's -- that's something that we struggle with, if you have any amount of property, which I think Liz pointed out we still do have some areas around the city that still have that. And for those of us that have that, that is a tougher -- tougher problem and I don't know what the solution was. I was coming in tonight thinking -- I was favoring the per can. Do the tag, throw it in there, that way we got the option for people and throw it in there, but as I listened to the discussion and realize where Meridian City Council March 23, 2010 Page 37 of 74 we are going in this city and eventually we will have compost and we will probably have three cans and, Liz, our problem will be at least a little better solved. We probably need to jump to the extra cart. Originally when we were first talking about this I thought, wow, for people who want extra carts and they are going to have to pay double, 16.32 times two, that's -- no. But the two dollars per month you had to -- do I have to hide it somewhere, because I'm only going to use it on occasion, you know, like Charlie said, you know, what do you do. But when I look at what I'm paying, because I'm recycling, I'm going to save, I have got extra capacity, because I only put out the 135 gallon, so if I go 65 gallon have increased my cost by a dollar, but I'm saving 34.56 by not renting, so I have to get a cart at two dollars, that's 24. So, I'm saving 10 dollars a year. Okay. If you followed that math, we got a job for you in the federal government. De Weerd: I was just going to say, he's adding for Congress. Hoaglun: But, you know, those are the types of things that we go through up here trying to figure out, okay, what is the best deal for our citizens? Are we going to have to make some sacrifices? Yeah. I think a few people like Liz and me are going to have to grit our teeth and figure out a way to -- way to get it to the -- to the transfer station or -- if we don't have enough room in our cart that day and I think if I recall, Steve, the lids have to be closed on those carts, so it's not like I can have the four foot bundles sticking up with the lid open. Sorry, Liz, I tried on that one, but -- so, I guess I'm to the point where I came in tonight per can, but if we are going to do this I think we have to go to the fully automated and not go to the tags and make it happen and those of us will have to figure out a way to make it work and --and we will figure it out. We are pretty ingenious. De Weerd: Thank you. And I know I don't have a vote, I'm already sensing how this goes, but I'm in the category of Liz and Councilman Hoaglun here with my third of an acre and I love plants and so I am a creator of a lot of waste, but with this new recycling program I have found I have reduced my waste stream by two- thirds. I recycle and I have extra capacity in my 95 gallon thing, because I only fill it by a third. I have even missed trash collection and it hasn't freaked me out. So, that's a good thing. I do think that we all need to learn to reduce our waste and, Nancy, you have created a legacy in our community with the recycling program and when I moved here in 1992 I moved from a community that we were charged per container and when we moved here there was no incentive to try and reduce your waste and it was a little baffling, but easily you get into that new frame of mind and I think like Councilman Rountree and Councilman Hoaglun, I was really favoring the per bag tag. I knew that the work -- the workload would certainly be impacted, but -- and I get a lot of the phone calls and that's what people have been suggesting. I do see the value of the fully automated and moving either -- it's kind of that saying, either you're pregnant or you're not. You're never part pregnant. We either need to decide to go in that direction and do it for all the right reasons and we are running out of room in our landfill, we will -- we will delay a decision of what we need to do with our waste, Meridian City Council March 23, 2010 Page 38 of 74 but I think every year we can buy extra time, it's -- it's going to make us all be part of that solution. So, I agree with the direction that Council is going and -- and I know that SSC, utility billing, my office, and probably others we will continue to field the questions, but I think the Council has listened to every angle with 102 comments from a-mails and letters and phone calls, we have certainly seen every angle and appreciate everyone's time and consideration trying to do what's right for the whole and that's how we have to think. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would like to set a date of -- if possible to get everything done and have this start July 1st. That way we get all the bumps and the bruises over with and, then, we are ready to go. Sometimes if you try to do it too fast you wind spending a couple of months just putting out fires. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we move forward with the total automation of trash collection in the City of Meridian and direct staff to move forward with the proposed rate structure for hearing and to modify the existing solid waste ordinance accordingly and include the appropriate measures that need to be made to bring the ordinance to -- into consistency with the automated trash collection. Bird: Second. Rountree: And have the automated trash collection be fully implemented by the 1st of July, 2010. Bird: Second. De Weerd: I have a motion and a second for discussion. Mr. Zaremba. Zaremba: For the sake of discussion, it might be preferable to SSC start on July 5th, which is a Monday, as opposed to start mid week. The 1st is a Thursday. Hoaglun: Madam Mayor, by July 1, so they could implement it a week sooner. Zaremba: Okay. Rountree: They can implement anytime. Meridian City Council March 23, 2010 Page 39 of 74 Zaremba: That works for me. De Weerd: Well -- and billing is going to have to bill it in full months, so that's -- that's reasonable. It also allows SSC time to, again, get information out to the customers and allows us time and billing and certainly through ordinance work to do the things we need to do. So, I think that's a reasonable time frame. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, would the first billing cycle in July be the more appropriate billing? So, we can have all of that implemented and, then, be able to put it in force in that first billing cycle. So, that's when the change would occur. De Weerd: Okay. So, we will go with the first billing cycle in July. Does the motion maker agree? Rountree: Motion maker agrees with that. Bird: That's fine with me. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Next question. Are the proposed rates -- are we including in that the rates as proposed minus the one line about extra cans? Rountree: That would be consistent with the motion. The motion is for total automation. With total automation we don't have that. Bird: Second agrees. De Weerd: Okay. Anything further? Good points of clarification. Thank you. If there is no further discussion, Madam Mayor, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you to the SWAC committee for your time and diligence in bringing us a complete package to consider. Thank you. And thank you for Meridian City Council March 23, 2010 Page 40 of 74 those that came to share testimony. We appreciate you being here and certainly can understand where you're sitting, too. C. Public Hearing: TE 10-005 Cavanaugh Subdivision by DBSI Tanana Valley, LLC. Located on the Southeast Corner of South Meridian Road and East Victory at 465 E. Victory Road: Request for an 18- month Time Extension to Obtain the City Engineer's Signature on the First Final Plat De Weerd: Okay. Next item is Item 7-C. Public hearing on TE 10- 005. I will ask for staff comments as this public hearing is open. Canning: Madam Mayor, Members of the Council, this project is located on the southeast corner of Victory and Meridian Road and the application before you tonight is a preliminary plat time extension. The applicant requests an 18 month time extension to obtain the city engineer's signature on the first final plat. Staff has recommended approval with the following conditions. The first one being that all nonsingle family detached homes shall be subject to design review and certificate of zoning compliance approval per the UDC. The second one that the applicant shall submit an irrevocable letter of credit or cash deposit for their portion of the required sanitary sewer construction improvements along the project's frontage in Victory Road. The applicant shall submit the letter of credit or cash deposit prior to signature on the final plat by the city engineer. Third, the applicant shall provide an executed permanent sanitary sewer easement and temporary construction easement on forms provided by the city within 90 days of the City Council approval of the subject time extension in order for the subject time extension to remain valid. The applicant shall also submit a letter to the city allowing the use of their approved plans for the construction of the Black Cat Sewer trunk line. Finally, the applicant shall provide a pathway connection within a common lot in accord with the standards listed in UDC at the southeast boundary of the subdivision to connect to a future pathway in Cavanaugh Ridge, to provide a pedestrian interconnectivity between the two subdivisions and to comply with the block length requirements in the UDC. The applicant is in agreement with the conditions outlined in the staff report and to our knowledge there are no outstanding issues for Council. De Weerd: Thank you, Anna. Any questions for staff, Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to comment. Boy, it's been a long time since we have seen you. Meridian City Council March 23, 2010 Page 41 of 74 Rountree: Yeah. It's been a while, Wayne. Forrey: Yes, it has. It's nice to be here. De Weerd: Good evening. If you will, please, state your name and address for the record. Forrey: Yes. Thank you, Madam Mayor, Members of the Council. My name is Wayne Forrey. My address is 1952 South Wild Creek Way, Boise. 83709. Members of the Council, I am the representative of the applicant and later -- or late this afternoon I submitted a letter to Anna Powell. You have that letter? De Weerd: Uh-huh. Forrey: Okay. Good. So, we agree with those five conditions. And I would also like to thank Counselor Nary -- I guess he's not here now, but -- and also Bruce Freckleton and Scott Steckline and Sonya Wafters in your planning department, for helping us organize this project to get to this point. We have a little more work to do with your Public Works Department to help you get this sewer in Victory Road. But if we can get this project extended and meet those conditions, then, we can work with you to get that done. So, we hope you will approve this time extension. I'd be happy to answer questions. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Thank you. Forrey: I really enjoyed hearing the report from your youth committee tonight early at the meeting. It's nice to have that focus on youth and I congratulate you for that. That was refreshing. De Weerd: They are certainly a joy to work with. Forrey: Yeah. I can see that. Any questions? De Weerd: No. Forrey: Thank you. Rountree: Thanks, Wayne. De Weerd: This is a public hearing. Is there any member of our public who would like to provide testimony on this application? Okay. Council, any questions for staff? Meridian City Council March 23, 2010 Page 42 of 74 Rountree: I have none. Bird: I have none. De Weerd: I, too, would like to thank staff for your diligence in working through some of the issues on this. It's greatly appreciated. Okay. Council, if there is nothing further, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move close the public hearing on Item 7-C. Zaremba: Second. De Weerd: I have a motion and a second to close Item 7-C, the public hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for the 18 month time extension from Cavanaugh Subdivision, Item TE 10-005. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-C. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Public Hearing: VAC 10-001 Settlers Crossing by Dave Evans Construction Located at the Northeast Corner of Meridian Road and Ustick Road: Request for Vacation of Meridian City Council March 23, 2010 Page 43 of 74 the 20-Foot Public Domestic Water Easement Platted on Lots 45 and 46, Block 7 of Sundance Subdivision No. 5 De Weerd: Item 7-D is VAC 10-001. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject site is located on the northeast corner of North Meridian Road and East Ustick Road. The vicinity map in front of you shows you that the two -- the two lots that are affected. The applicant is proposing to vacate a domestic water easement that is currently platted on the property. Here is an .aerial of the site. There are some existing buildings -- a few more buildings out there than what you see today. The exhibit before you here shows the easement as it is recorded on the plat today. The applicant is proposing to shorten that -- basically vacate that easement, create a new easement so that the owners of the property can go forward and construct a day care facility on Lots 45 and 44. I have received confirmation from the applicant that they are in agreement with the staff report. There are no outstanding issues for Council tonight. However, I did want to make mention on record that there was an error in the staff report in Section 60 in part of the utilities section that mentioned that the easement may require relocation of a fire hydrant. That was an error. It was, actually, to make mention that the building may be too close to water services and those meters may have to be moved. So, I just wanted to go on record to state that that was an error. It has been corrected. And with that I would stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. The applicant's not here? Yes? No comment? Okay. Thank you. Council, any questions for staff, the applicant, or -- if there is not -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on VAC 10-001. Zaremba: Second. Rountree: Second. Meridian City Council March 23, 2010 Page 44 of 74 De Weerd: I have a motion and a second to close this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 10-001 with staff, applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-D. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. E. Continued Public Hearing From February 23, 2010: TE 10-001 Ambercreek No. 2 by Trilogy Development Located at Southwest Corner of W. McMillan Road and N. Meridian Road: Request for approval of an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat for Ambercreek. Subdivision No. 2 De Weerd: Item 7-E is a continued public hearing on TE 10-001. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property is located on the southwest corner of McMillan Road and Meridian Road. The applicant is requesting an 18 month time extension to extend the final plat for Ambercreek Subdivision No. 2. The subject property is currently zoned R-8 within the City of Meridian. If you will recall, approximately a year ago a DA modification came before you regarding the extension of this plat. The applicant tied some elevations to this site. That DA has not been initiated or signed and approved by Council at this point. Also, as part of this time extension it has come to our attention that communicating with ACHD and after staff had reviewed. some of the minutes for the project, the applicant was to construct a five foot detached sidewalk along McMillan Road to the intersection, so that there would be a safe route to the school on the northeast corner. Here is the plat in question. The DA -- the requirement in the DA stated that the sidewalk was to be extended from Ambercreek -Way, which, if you can see this white arrow on the Meridian City Council March 23, 2010 Page 45 of 74 white map, that's where they are proposing to make connection to McMillan Road and the requirement was to extend that to the intersection, provided that ACHD could acquire right of way or get an easement on that outparcel. Well, after talking with ACHD, that easement is in place and it has been acquired. So, that sidewalk can be constructed across that outparcel. Here are some of the elevations that you looked at and were approved with that DA modification. And, then, again, with this time extension, because the DA hasn't been initiated, staff is recommending an additional 90 days to work with the applicant and come up with more appropriate elevations and a more attractive streetscape. If you recall that previous hearing there was some single story homes constructed in between two, two story homes, which kind of gave an awkward look to the streetscape and so staff had recommended per that -- with that DA modification that they submit an exhibit showing that that wouldn't occur with the phase two. The applicant did not meet that requirement and so we have met with them prior to them submitting their time extension and agreed with them that we could -- if they were to give us a streetscape and give us some additional elevations to show that single story homes could be compatible next to two story homes that we could recommend that to you and move forward. We haven't quite come to that agreement yet, so staff is recommending an additional 90 days to get that worked out with them and, then, also get that DA recorded. So, really, the outstanding issues for tonight -- it isn't really the -- the applicant's willing to construct the sidewalk, that isn't the issue, they know that's their requirement. The outstanding issues before you is, one, are you willing to grant the 90 days to work with the -- have staff and the applicant work out an appropriate streetscape and elevations to tie back to the DA and get that approved and the other is the timing of that improvement along McMillan Road. Staff is recommending that that sidewalk be constructed along the entire frontage, which is approximately 1,400 linear feet. So, it would be from the western edge of the plat all the way to the McMillan Road intersection and, as I mentioned to you, the DA didn't require that. So, with that the applicant is in agreement with the staff report. The only point of contention with them is that they would like that sidewalk to be constructed prior to the plat expiring again, which would be July 18th, 2011. And, again, staff has recommended that that happen before the 2010-2011 calendar school year. So, basically, by September of this year. The applicant is in the audience. ACHD didn't provide us any additional comments for you tonight. And with that I would stand for any questions you may have. De Weerd: Thank you. Council, any questions at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Meridian City Council March 23, 2010 Page 46 of 74 Brownlee: I can do that. Thank you, Madam Mayor, Members of the Council. Shawn Brownlee with Trilogy Development, 2364 South Titanium Place in Meridian. We do concur with the staff report. I just want to point out that we have been working with staff on the streetscape for the city and we did bring the builder in and that and we are working on that. So, hopefully, you guys will grant us 90 days to get that accomplished. So, I think we can come up with a streetscape that will be compatible with -- with staff recommendations and, then, as well as the sidewalk along McMillan Road. I'm sure everybody knows that there is not a ton of activity or work going on out there. We just ask that maybe we can prolong this until the July 11th -- or July 18th, 2011, date and kind of help us infuse some of that cost. It's going to be roughly 25, 30 thousand dollars to construct this. So, I would just ask for a time extension and to delay that sidewalk until that date. I'll stand for any questions. Thank you. De Weerd: I guess I have a question. Is there any -- anyone living out there, any occupancy right now? Brownlee: In phase one there is, yes. De Weerd: And,- you know, Iguess Iwas -- I was here during that discussion. Our concern was the safety of kids getting to that school. Brownlee: Correct. Out of the Ambercreek phase one they do have access. There is sidewalk provided along Meridian Road to the north to the school and this connect actually helped -- and I cannot remember the development to the west there, Bill. Parsons: Solitude Place. Brownlee: Solitude Place. Parsons: I'm sorry. To the west is Cedar -- Brownlee: Cedar Springs. De Weerd: Cedar Springs. Parsons: Cedar Springs. Yes. Sorry. Brownlee: Yeah. But as far as the Ambercreek residents, they do have access to that school. Hoaglun: Madam Mayor. Bill, could you go back to -- I think there was another one that showed more of that property to the west. So, Ambercreek is -- number one, that is developed -- Meridian City Council March 23, 2010 Page 47 of 74 Brownlee: That's correct. Hoaglun: And you're saying they have access from there to Meridian Road. Brownlee: Correct. Hoaglun: And then -- and, then, up -- Brownlee: Yeah. That was all reconstructed by Ada County, I believe, Highway District a couple years ago and there is sidewalk from -- from that entrance road right there. Oops. To the north. De Weerd: And the sidewalk piece we are talking about is along McMillan Road; correct? Brownlee: Correct. And that was part of the development agreement for -- for phase -- for Ambercreek and, obviously, we agreed to construct it and I believe it was to be constructed prior to occupancy for phase two and that's when we were planning on constructing that sidewalk. De Weerd: Well, I thought it was prior to phase one, because I -- if I remember the discussion, we weren't all that excited about putting it in there unless there was a sidewalk connection, so that any school age kids would have a safe route to school. You know, that is in an area that has the irrigation ditch and a lot of traffic. So, what you're saying is they have a connection over to Meridian Road, so, they would, actually, have to walk south to get to the sidewalk and, then, walk north? Do you have any kids? Brownlee: I do. De Weerd: Do you think they would do that? You know, I guess it's a -- kind of a sarcastic question and I apologize for that, but I have kids. They are going to take the route that's -- Brownlee: Shortest and easiest possible route. I agree. De Weerd: And that was the majority concern and that's why that -- that condition was put in there. It was for the safety of kids. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My recollection of this is back when I was still on the Planning and Zoning Commission and this came through Planning and Zoning before it came to the Council. The Planning and Zoning Commission had quite a discussion Meridian City Council March 23, 2010 Page 48 of 74 about that sidewalk along McMillan. At the time and even currently it is very unusual to require what's called an off-site improvement. In other words, this was a sidewalk that was going to go across somebody else's land. The Planning and Zoning Commission insisted that that be an element precisely because there was going to be school children traffic needing to walk to that intersection and cross to get to the school and as unusual as that request was, our recommendation to Council was that that sidewalk was an important element of even approving the subdivision in the first place and our assumption was that it would be one of the first things that was built. So, I can't speak for how the Council dealt with that, but I know that was the Planning and Zoning Commission's intention that the sidewalk would be one of the first things that happened, for what it's worth. De Weerd: Bill, was that not required in phrase one? Parsons: Madam Mayor, Members of the Council, reading through the minutes, Councilman Zaremba is correct, the Planning and Zoning Commission wanted that to happen with phase one and that was their recommendation to Council as it came forward to you. During that hearing Gary Inselman discussed -- an attorney was here discussing the requirements for off-site improvements and how would you tie it to the developer and everyone was adamant that that happen with a DA. Even Mr. Hood commented on it, that it should become a part of the DA to get that requirement as part of the annexation and so through that process -- the hearing process Council amended that DA and made it clearer -- I shouldn't say the provision got added to the DA, but there was a special consideration in the findings that said Council made it clear that the sidewalk was to be extended from Ambercreek Way, which is the public street connection to McMillan, and extend to the intersection and they were given options as to which side of the canal that sidewalk was going to be. So, if ACRD could not get the easement on the outparcel, then, the sidewalk was to be constructed on the north side of Lemp Canal. If they did get an easement, the preferred location would be on the south side in connection with their sidewalk and that's how it was to read and it was to happen prior to occupancy of any structure on the site. And so now we have phrase one, what, we have probably 50 homes in there, people living in there, and we are sitting here today discussing the sidewalk and so that's -- I'm not sure where we -- where we errored on that -- on that part of it, but that's how I read the minutes. It was to happen prior to even phase one getting occupancy. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe it was to be added to the DA period. It was in the findings. It was part of the DA. It should have been part of the DA. We can't -- it's -- it's not -- Meridian City Council March 23, 2010 Page 49 of 74 didn't happen, but that's no reason not to require it to be in by the start of this school year. De Weerd: So, I guess I just have a technical question. If it's in the DA, although the DA wasn't signed, how did they get occupancy? Canning: The DA must have been signed. Parsons: Madam Mayor, the original DA was signed. De Weerd: The DA was signed. Bird: Was that in it? Parsons: It wasn't an actual -- the DA's broken up into different sections and in this case five -- section five was the conditions governing this site. A specific DA provision wasn't located in that section, but as you read farther through that document it made mention of -- it was modified and Council made it clear that that's what they wanted to happen. So, it's still in the record that we have that in that recorded document that that was to happen. So, we have contacted Mr. Nary, we talked to him about it, he said that the decision of order would take precedent -- I'll let him comment. I'm not an attorney, but I think he recollects that conversation Pete and I had with him. Nary: Madam Mayor, Members of the Council, we did. And we did feel that between the DA and the order that was required, it is still required. So, if you want to make it part of this time extension, I think that's really the issue today, to make sure that it gets done in the fashion you want it done. But it was -- it is in the order or the findings that were a part of the development agreement. Brownlee: I don't think we are -- it's just a matter of timing of this, I think, the discussion -- am I not correct? De Weerd: And certainly -- Brownlee: We know that we have got to install that, but it's just -- it's just a question of timing. De Weerd: And I think we understand the timing and the economy and all of that. I guess my concern -- and I can't speak for Council -- is we shouldn't have had one occupancy period without that sidewalk in and I -- that's my comments. Any other questions from Council? Thank you. Any additional testimony on this item? Anything further from staff? Canning: I apologize for the error. Meridian City Council March 23, 2010 Page 50 of 74 De Weerd: We are not beating you up. Bird: We are not blaming anybody. De Weerd: I think it's just a statement. Okay. Rountree: Madam Mayor, I just need to get clear on the timing on this. So, we are looking -- this is the second request for a time extension and the DA has been out there to be approved since when? Parsons: Yeah. The amended DA has been out there since February of 2009. Rountree: Okay. Must be the second time -- second extension. Thank you. Parsons: It's actually the third, because this is the second Council time extension, so it's the third, if you want to get technical. Rountree: That's all I need to know. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Parsons, refresh my memory. What was the date on the first -- what was the date on the first DA that was signed? Parsons: Excuse me, Councilman Bird. That happened in 2006. Bird: And that was when they started building phase one? Parsons: Yes. Phase one platted in 2006 and recorded. Bird: And the sidewalk wasn't put in? Parsons: No, sir. De Weerd: Okay. Council -- any further applicant comments? Okay. Council, anything additional needed? Okay. I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 7-E, Ambercreek Subdivision No. 2. Meridian City Council March 23, 2010 Page 51 of 74 Bird: Second. De Weerd: I have a motion and a second to close the Item 7-E. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, my comment -- and I can make a motion, but I'd like to hear some additional discussion, but I think the applicant was correct, it's a matter of timing and I think the timing is -- is really not good for moving forward with this particular project. He's had a couple bites at the apple and still hasn't got the job done. So, I'm inclined to deny their request for time extension. Bird: Is that a motion? Rountree: I haven't made a motion. I just -- for discussion purposes. De Weerd: I guess, Mr. Rountree, I understand your comments, but I think the time extension is more in nailing down and agreeing with the street elevations and -- and, then, moving forward. Is that correct, staff? Canning: Madam Mayor, Members of the Council, it is at Mayor and Council's discretion as to whether to approve the time extension or not. De Weerd: Okay. Thank you. Bird: Madam Mayor? Rountree: We have -- to finish my thought, we -- we have got four plus years and a couple opportunities to review this. In my mind that things have changed. We have some other ordinances, we have other issues -- we have issues with this that haven't been addressed and they haven't been addressed in over a year. I'm not sure that I see any indication that they are going to get addressed in another year. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, as Councilman Rountree has stated, they had four years. And Meridian economy in 2006 was still north and I know that they definitely had to get the idea that before they built -- got any occupancy they had to have that sidewalk done. I'm inclined to be like Councilman Rountree and not grant this, but Iwould -- I would think about granting it, but with the consideration or the demand that by September or -- well, that's -- school will start the last week of August -- by August 15th that that sidewalk be in place. I -- we tried to make it Meridian City Council March 23, 2010 Page 52 of 74 secure on the original and I guess they laughed at us, but I -- I don't know. If they can't put in by then, I'm not for approving this extension. And I don't know how we can guarantee they put it in. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think you have two options, if that's the direction, Council Member Bird, if you would like to go. I mean you can condition the extension as we have done before on that condition that it has to be met by August 15th. Therefore, if they don't meet it by August 15th, their time extension is done. Or if the -- if the applicant's wanting to show some good faith, you can continue this matter to August 15th or somewhere after that. If the sidewalk is completed, the Council's desire would, then, be to allow them to have their time extension. But the burden is on them. You either can grant it now with a condition that we will, then, extinguish that time extension at some point in the future if it's not completed or put them on notice that we are going to continue this matter until after August 15th. If the sidewalk's done, you would be inclined to grant it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, which way would be the easiest for the city to enforce? Nary: Madam Mayor, Members of the Council, Council Member Bird, I don't see a problem, Iguess -- and Mrs. Canning could probably answer it on, basically, ending their time extension after August 15th. The only difference is from an enforcement standpoint is if this matter is continued to -- in front of you to sometime after August 15th, they are going to have to come back here and explain to you why it wasn't done and if they still want that time extension. All you're doing is granting them the opportunity to complete a project that should have been done four years ago. I don't know from Mrs. Canning's perspective which is easier. That's just my thought is whether or not you want to see this applicant again. Canning: Madam Mayor, Members of the Council, we have never revoked a time extension, so I had some questions about how to go about that. Usually they lapse. But I was informed that we could just revoke one. So, I assume that that's okay. Continuing items out would not be my preference. There would be a third option. You don't have to grant the full 18 months, you could grant the time extension until August 15th. That would be another option. Or just a six month time extension. And, then, they'd have to come back and if those things weren't Meridian City Council March 23, 2010 Page 53 of 74 done they could justify to you at that time whether or not -- why it hadn't been done and you could decide then whether or not to approve the time extension. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess this is a policy question, which is brought up because of this situation, but I suspect we are going to keep running into similar situations with other time extensions. What happens if we say no? If they want to continue the project, they start all over with a new application that goes through your department and the Planning and Zoning Commission and then here? Canning: Yes, sir. Madam Mayor, Members of the Council, if you're considering one of the options Mr. Nary talked about, planning staff would appreciate tagging the -- completing the DA, as well as completing the sidewalk. Which -- Madam Mayor, Members of the Council, if you're considering one of those two options, if you could also include signing the DA modification that's outstanding, that would be helpful in tying up those loose ends as well that's the sidewalk. Hoaglun: Madam Mayor, just to be sure I understand, Anna, then, that -- the 90 days to complete the design -- the elevations streetscapes is something you need. And, then, if we were to say come -- to the applicant come back on August 24th -- at our August 24th meeting and say with proof that the sidewalk is done, we -- we would -- I guess Mr. Nary might need to weigh in on this -- we grant the time extension to that date and, then, we -- we take that issue up again for a longer extension. Is that a correct understanding? Nary: No. Madam Mayor, Members of the Council, Council Member Hoaglun, I think what Mrs. Canning was suggesting was that granting a specific time period, because if you grant it only to August 24th and they have to start over, they are going to have to file an application before that, which takes a little bit of processing time, too. So, I think that's -- maybe that's what was her intent of saying six months is 9/23. So, sometime after that it would expire, so you would hear it before the 23rd of September. That would allow the time period for the sidewalk to be completed, as well as the application for the additional extension. I am not trying to presuppose what she was thinking, but I think that's the reason is we don't want to put it to that date or just set it -- as you have seen many times, when we continue something out people tend to forget why we were supposed to come back or what the reasons were. It sometimes gets a little stale and that's another reason, maybe not, to continue it, but to simple grant a shorter time window. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 23, 2010 Page 54 of 74 Zaremba: Madam Mayor, I may not be remembering this correctly, but my recollection is there is a limit to the number of time extensions. Once by the director and twice by the Council and, then, there can't be anymore? Canning: No. Zaremba: That's not true? Okay. Canning: We -- Madam Mayor, Members of the Council, we changed it so that -- that was the old rule. We changed it that you could extend indefinitely, but with the provision that staff could suggest any new -- or that Council could apply any new code changes or any conditions they saw fit. Zaremba: Okay. De Weerd: And, Council, I guess I would just put my two cents worth in here is if you don't extend it you will not get a sidewalk. By keeping it alive and giving the opportunity to -- to build, certainly extending it is going to have more likelihood of getting that sidewalk in and that would be my two cents worth. Parsons: Madam Mayor, if -- there is always five options. I guess I would go with number three. I don't know if the Council would entertain this, but the applicant could come in with a smaller phase final plat, do some lots along McMillan, construct Ambercreek Way and, then, extend that sidewalk per the condition of the DA from Ambercreek Way to the intersection. But that's up to him to decide if he wanted to do a smaller subdivision and if that would be more beneficial to do some sort of street to McMillan and sidewalk or just do the 1,400 linear feet of sidewalk, but that's certainly another option for him. De Weerd: Now we are really getting complicated. Canning: That's too complicated. De Weerd: We will see if the Council is following what track. Canning: Madam Mayor, Members of the Council, I don't know if this helps in the discussion at all, but the only reason it says from Ambercreek Way to the intersection, rather than the full frontage, is because we were worried about the off-site portion and that was an easy way to describe most of the off-site portion. So, it was always anticipated that there would be sidewalk along the full frontage, but the reason it says Ambercreek Way to the intersection is the off-site issue. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council March 23, 2010 Page 55 of 74 Hoaglun: Yeah. I'm thinking we want to give the developer time to make this work. We need that sidewalk. It should have been put in when the going was good and now it's not so good and that's -- I know it's difficult, but it's worth keeping this -- this alive. I would move that the Council grant the 90 days to complete the design of the elevation streetscape and sign the amended DA and that we provide a six month time extension during which a sidewalk, as required in previous DAs, is installed and we will find out at the hearing when they come before another time extension if that is completed and we will take that issue up then. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Zaremba: Madam Mayor, six months puts it beyond the opening of school, though. Hoaglun: Yeah. I thought about that, Mr. Zaremba. It sounded like from legal counsel six months was kind of a -- a set time frame -- I mean I don't mind if we say, you know, September 1 in the meeting prior to that, but I'm open to changing that if that needs be -- need be. Be a little bit longer. Nary: Madam Mayor, Members of the Council, I mean if it's not going to be done by the middle of August or the 20th or whenever the school year starts, it probably isn't going to be done by September. So, I mean I'm not sure that it's going to make a lot of difference. It's either going to get done or it's not and so the -- the few weeks difference probably won't have a huge impact on the school. The other thing, though, I didn't recall if Council Member said sign the development agreement as part of your motion. Hoaglun: I think -- yes. That the Council grant the 90 days to complete the design of the elevation streetscape and signed the amended DA, yes. Nary: Okay. Thank you. I'm sorry. I just didn't hear it. Hoaglun: Yeah. No problem. De Weerd: Okay. Any further discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. That motion carries with three ayes and one nay. MOTION CARRIED: THREE AYES. ONE NAY. Meridian City Council March 23, 2010 Page 56 of 74 F. FP 10-002 Five Twelve Subdivision by Church of Jesus Christ of Latter-Day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request for Final Plat Approval of One buildable lot and One Common Lot on Approximately 4.65 Acres in an Existing R-8 Zoning District De Weerd: Okay. Item 7-F is FP 10-002. I will turn this over to staff. Parsons: Madam Mayor, Members of the Council, this is a final plat before you tonight for Five Twelve. Council acted on that preliminary plat roughly six weeks or so ago. As promised, it's a one lot subdivision for a church lot. The applicant has gotten the staff report. They are in agreement with the conditions of approval. I do want to go on record as saying that the applicant came forward to me this evening, they received ACHD's comments on the final plat and they are -- ACHD, if you recall, there was a planter island that was proposed inside of West Kodiak Drive that the applicant was going to plat as a common lot. ACHD has requested that the applicant include that as part of the right of way. They anticipate in the future that that intersection will be signalized and so they want to have the ability to possibly remove that in the future if they need some additional turn lanes off that street. Other than that change, like I said, the applicant's here and they are in agreement and with that I'll stand for any questions you may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Hoaglun: Madam Mayor. Bill, real quick. Is that right across from the Bear Creek Park entrance -- one of the -- there is two actual entrances. Parsons: Madam Mayor, Councilman Hoaglun, yes that is correct, they have a large planter island -- or parkway across the street as well. Hoaglun: Okay. Parsons: Larger than this one. Hoaglun: That's -- I remember seeing that, but I couldn't remember. Thank you. De Weerd: Would the applicant like to make comment? Larson: Good evening, Council Members, Madam Mayor. My name is Jo Larson. I'm with Lowland Johanson & Zimmerman Architecture. We are located at 400 South Main Street, Payette. 83661. I am here representing the Presiding Bishop for the Church of Jesus Christ of Latter-Day Saints in the application for Meridian City Council March 23, 2010 Page 57 of 74 this final plat and hopefully for the approval. We concur with all the comments and I don't really have a lot to say, I just have been sitting here long enough I figured I might as well get up and make use of my time. Questions? De Weerd: Thank you. Council, any questions? We appreciate you being here Larson: Well, thank you. De Weerd: Thank you. Okay. Council, if there is no further questions or -- I don't see any member of the public who is wanting to provide testimony. Rountree: Madam Mayor, I see Frank shaking his head no, so I move to close the public hearing. Rountree: Second. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on 7-F. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the application on 7-F, FP 10-002. Bird: Second. De Weerd: I have a motion and a second to approve this item. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I'm getting old and we actually have been going from 6:00 o'clock. I would request a recess. Meridian City Council March 23, 2010 Page 58 of 74 De Weerd: Okay, old man, we will recess for five minutes. (Recess: 9:38 p.m. to 9:47 p.m.) Item 8: Continued Department Reports A. Parks Department Split Corridor Pump Station Update De Weerd: Okay. We will go ahead and reconvene. I will, before I ask Steve to come up, I would like to take the chair's privilege and thank Tracy for the leadership he has provided during the absence of our chief and just say how much of a privilege it's been having you on our team and certainly you have filled some big shoes and you did it with grace and good humor and certainly we appreciated you being part of our team during that period. Basterrechea: I appreciate that. And I'm glad he's back, by the way. De Weerd: I know. And he did share that you did not hesitate -- miss a beat in letting him come to the director's meeting this morning, so -- but you were missed. So, with that said, I'll move to 8-A and invite Steve to make comment. Siddoway: Thank you, Madam Mayor, Members of the Council. This is an update for you on the split corridor pump station. As you know, the split corridor landscaping was put in by MDC last year and we are currently maintaining that. However, it is currently being watered by city water and we would like to get that converted over to irrigation. We have been coordinating this issue with MDC for some time over the last year, with several departments involved. Last year Public Works helped negotiate the water rights that were needed. Parks Department negotiated the license agreement with Nampa-Meridian, as well as the easement with the dairy board and all of those are currently in place. MDC during that time has completed the construction documents for the pump station and is now ready to build. In fact, it is out to bid and went to bid last week. The pre-bid meeting is tomorrow. Bids are due on Friday. The arrangement that we are trying to do is where MDC will cover the cost of those improvements. The city staff will assist with the manpower necessary to manage the project. As we move forward we have learned from purchasing and Keith is here to answer any questions about this, but that we cannot manage the project and have the invoices sent directly to MDC, that we have to pay those invoices ourselves at the city and, then, get reimbursed by MDC. Therefore, we will be coming back to you about a month from now with a budget amendment for the project, once we verify where the actual bids are, we expect them to be in the neighborhood of 60 to 75 thousand, but accompanying that will be a reimbursement agreement from MDC, which we intend to take to them at their next meeting on April 14th. So, that is .really it in a nutshell. I just didn't want to surprise you with at budget amendment and/or the agreement without having first discussed that with Meridian City Council March 23, 2010 Page 59 of 74 Council, but the intent would be to have those funds be a wash for the city, that we would simply help them manage it as staff. With that I will stand for any questions and if there are any specific questions about the project, I have Elroy Huff here or Keith Watts if there are any questions about the financial arrangement. De Weerd: Thank you, Steve. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have a question, but it isn't financial. Well, it is, I guess. From the start of this -- I don't know how much involvement you guys have had in the parks, but were we -- was the design planned to irrigate off of city water from the start and, then, now all of a sudden we decided to irrigate out of the other? What was the original irrigation plan? Siddoway: Yeah. Bird: I don't know if you were involved with it or not. I mean it's -- holy Toledo, we are -- Siddoway: Madam Mayor and Councilman Bird, the -- when I started we received our -- the first set of plans from MDC, where they were proposing the city connection as backup and they just showed aconcept -- conceptual line going into the -- into Storey Park to connect to the park there, but for several reasons that does not work directly there. So, we had said that they need to get the pump station -- a separate pump station for the split corridor irrigation and in working with Ted Baird in legal and reviewing the agreement, it was pointed out that some language in that agreement said that the city will provide the source and MDC was doing the -- you know, covering the cost. So, that's when MDC kind of washed their hands of trying to find the source on their own and said we need you to work on this and, then, Public Works helped us get the water right. They are ACHD's water rights, but through -- from the split corridor, but we assembled those, worked with Nampa-Meridian and we are trying to get the pump station there by the speedway. Bird: Well, Steve -- then, Igot afollow-up question, Madam Mayor. After this pump station is put in, whose property is it? The City of Meridian's? Siddoway: Yeah. I believe it's being written so that we will own and maintain the pump station ourselves. Bird: Because the easement given by the Meridian Dairy Show Board was to the City of Meridian, not to MDC. Meridian City Council March 23, 2010 Page 60 of 74 Siddoway: Right. Bird: Okay. Siddoway: So, we will own and maintain it. We will also oversee the installation of it through this construction project, but MDC will cover the cost. Bird: You mean the park -- the one that drew up the plans isn't going to oversee it? Siddoway: CSHQA? Bird: Yeah. Siddoway: Well, they will -- I'm sure they will be involved as the engineer, but in terms of construction management, the city will do that. Bird: Okay. Thank you, Steve. Siddoway: Any other questions? De Weerd: No. Siddoway: Okay. Thank you. We will work with MDC on the agreement and we will be back to you with an agreement and the accompanying budget amendment in approximately a month. De Weerd: Thank you, Steve. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It isn't actually on that subject, but we were handed an agreement for independent contractor services for Lawn Co. I assume that's through the Parks Department. Siddoway: Yes, sir. Zaremba: I don't see it on the agenda. Are we supposed to do anything with this tonight? Siddoway: I believe it was added as C-1-D. De Weerd: That's added under the Finance Department. Meridian City Council March 23, 2010 Page 61 of 74 Bird: 1-A. Siddoway: 1-A. Zaremba: Okay. De Weerd: Okay. Thank you, Steve. Siddoway: Thank you. Zaremba: Thank you. B. Legal/Human Resources Department 1. Approval of New Beer/VUine/Liquor for Sunrise Bakery and Cafe Located at 805 N. Main St. 2. Approval of Beer/VNine/Liquor 2010-2011 Renewal for Sunrise Bakery 8~ Cafe Located at 805 N. Main St. De Weerd: Okay. 8-B is our Legal Department, so I'll turn that over to Bill. Nary: Thank you, Madam Mayor, Members of the Council. The first two items are the -- are request to continue for the Sunrise Bakery and Cafe. Mr. Donnesley, who is their representative, was here earlier, they had -- they didn't have a response to the letter that had come in from the church and they requested that that be moved to April 6th. Did you do that already or were you going to do that now? I heard it talked about at the beginning, but -- De Weerd: They -- as part of adopting the agenda it was noted. Nary: Right. De Weerd: Do we need a specific motion? Nary: I think you probably should move to a specific -- to April 6th as requested. De Weerd: Thank you. Council, I'll need a motion. Bird: Madam Mayor, I move we approve -- continue to April 6th, 2010, the approved -- the approval for a new beer wine liquor license for Sunrise Bakery and Cafe located at 805 North Main Street and -- who is the identical? How come we got one and two? Meridian City Council March 23, 2010 Page 62 of 74 Nary: Number two is a renewal. If you recall, Madam Mayor, Members of the Council, Council Member Bird, May 1st is our -- is our date, so this is for the month of April is the one they are requesting as a new license and, then, the -- Bird: I really did graduate. I can read, but I missed the renewal. And I move that we also continue until April 6th, 2010, the renewal of Sunrise Bakery and Cafe, located at 805 North Main, their beer wine liquor license. Rountree: I'll second that nice job, Mr. Bird. De Weerd: I have a motion and a second to approve -- or to continue Item 8-B, one and two, to April 6. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 3. Approve New Beer License Application for Crawforth Brothers 4 LLC, DBA Piehole Located at 726 Main St. De Weerd: Okay. Item 8-B-3. Nary: Thank you, Madam Mayor, Members of the Council. Item 8-B-3 is the request for a beer license for Crawforth Brothers, which is the new Pie Hole restaurant that's going to be on Main Street. They are nearly complete. They haven't completed -- their target date to open is April 1st, so it's before your next meeting. What we would ask is if you would conditionally approve their license subject to them getting a certificate of occupancy. That way we can make sure it gets all done. Deputy Chief Silva and the building department said they are close to being ready to be issued their certificate of occupancy, but it won't be -- it wasn't by today, but it should be before April 1st. Emily didn't want them to delayed in opening their restaurant by this license. We have done this on occasion when we have had a gap in meetings like this. De Weerd: Thank you, Mr. Nary. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Where is 726 Main Street? Is it North Main? De Weerd: Yes. It's where the guitar shop was, it's where Modern Printers and the alley and, then, the -- it's north of it. Bird: They are going to put a restaurant in there? Meridian City Council March 23, 2010 Page 63 of 74 De Weerd: They are. Nary: It's nearly complete. De Weerd: And everyone is very excited about it, by the way. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the new beer license application for Crawforth Brothers, LLC, doing business as Piehole, located at 726 Main Street, on condition of they get their occupancy. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D-3. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. 4. Service Agreement between the City of Meridian and the St. Luke's Regional Medical Center for Wellness for aNot-to-Exceed Amount of $13,760.00 Plus an Additional $30.00 Per Employee for Participation in the Personal Wellness Profile 5. Service Agreement Between the City of Meridian and the St. Luke's Regional Medical Center for Occupational Health Services De Weerd: 8-B-4 is Mr. Nary as well. Nary: Yes. Thank you, Madam Mayor, Members of the Council. Four and five, actually, are the next items up and they could have been on a Consent Agenda, but we were very excited about this. We -- this is the agreement -- we discussed it last year in the budget process of our agreement with St. Luke's for them to help us manage a wellness program for all the city employees. It's already been in place, they have actually been working with us since October on this, even though we took awhile to finalize the agreement. Their lawyers take a lot longer than our lawyers do, so that's how that works sometimes. But we wanted to -- we wanted to highlight it as part of the discussion tonight, because this has been Meridian City Council March 23, 2010 Page 64 of 74 a long time coming, we think it's a very positive step forward for the city in really taking the forefront in wellness for our employees. It's something that my department and myself and the -- the very active and engaged wellness committee has wanted for a long time. We have had a lot of desire and a lot of energy and a lot of interest, but not always a lot of time to manage all the different activities and varieties of different events that go on to help really promote wellness as an activity for employees and St. Luke's stepping up and wanting to be a partner with us, providing us some discounts to make it attractive, providing us their expertise and their marketing skills as such, they have an on-site person here weekly that works out of my office to provide contact for city employees. We have a new program kicking off this week for wellness. We are now looking at a smoking cessation as the next program we are going to have as part of the wellness -- there is an ongoing wellness challenge. So, we have had a lot of -- a lot of really -- a lot of interest and a lot of desire to get this partnership completed and we just wanted to make you aware of it, that we got that done and are moving forward and we will be putting in a part of our budget request for next year to continue this relationship, but we just wanted to take a moment to highlight this relationship and this activity so you were aware that we were following through on what we had talked about before. The second one is simply formalizing an agreement that we already have had. We have been using St. Luke's Regional Medical Center for our occupational health needs for on-the- job injury for worker's compensation. They originally had asked to become the exclusive provider. We didn't really think that made much sense for the city to make them an exclusive provider, although we do predominately use them over other providers, but we couldn't see the value of really creating an exclusive relationship, neither did the state, but we didn't have any issue or concern with creating a more formalized agreement. Up until right now we have just sent people there, because that's what we do and we have had no real written agreement or arrangement with them at all. This formalizes an agreement that we have done before and so we felt it was time and more appropriate to do that and they wanted to make that as a part of the wellness package, that they would also basically, besides assisting employees on the wellness side, they'd also be working with employees who get injured on the job. So, that's the reason for both of those agreements that are in front of you. De Weerd: Thank you, Mr. Nary. Council, any questions? I would need a motion to approve these agreements. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the agreement with St. Luke's Regional Medical Center for wellness of a not to exceed figure of 13,760 dollars, with an additional 30 dollars per employee for participation in the personal wellness profile. Meridian City Council March 23, 2010 Page 65 of 74 Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B four and five. Is there any discussion? Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Finance Department Finance Department: Purchasing Policy Discussion De Weerd: Item 8-C is our Finance Department. I'll turn this over to Keith. Watts: Thank you, Madam Mayor and Council Members. The purchasing policy that you have in front of you is the one that we brought to Council last month and had a couple of suggestions from Council Members, which we incorporated into this policy and those changes were made. The significant -- significance of that change is the verbiage for the purchases in the amount of 10,000 dollars to 25,000 dollars, three quotes will be required from the departments in order to procure anything in that range. The current policy right now just states that they -- three quotes should -- or it should be -- it's encouraged for them to obtain three quotes. This makes it, essentially, mandatory from 10,000 to 25,000 dollars and that was -- the biggest change from the last time we were in front of you. And, then, also there was an attachment to the policy last time, which was the green purchasing policy, which has been incorporated into the body of this policy. The changes in the dollar amount that I previously stated is on page four and the green policy is on page 13. This has been made in that copy that you have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have to tell you that they did -- they did listen and they went back and in my opinion put in about as good a purchasing policy as I have seen. I think it not only covers every department and every employee, but it also covers our purchasing agent and also covers yourself and the four of us Councilmen. I think Keith did a great job on going back and listening to us and getting some things changed, because I -- I really feel that everything we possibly can should be bid, especially in these times when people -- at lot of -- a lot of people a four or five thousand dollar job is a big job to them right today. It's their wages from a month or two, so I -- I would have no problem adopting this purchasing policy and see that it's taken and adhere to. Meridian City Council March 23, 2010 Page 66 of 74 De Weerd: Thank you, Mr. Bird. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I echo Keith's comments about that fairness of the policy and it looks pretty straight forward. I do have one question and it's an area on page four under the purchasing authority, up to 10,000 dollars. And it's just got language in there that's going to bring people at odds that if the purchasing agent decides somebody didn't take a good enough effort to get three bids, then, you get into a little confab that really isn't needed. It seems to me that some language in there certainly to encourage three bids, but in the cases where three bids are not obtained, it's at the approval of the department director and be done with it, so we don't have Finance and the departments going like this, because on a 5,000 dollar deal you spend 2,500 dollars arguing with each other. De Weerd: They don't argue. Rountree: Well, they do, too. That's the only change I would make is just get the -- make it clear who's got the authority. De Weerd: Okay. Thank you. Is that -- Watts: Yeah. That's doable. Absolutely. De Weerd: Okay. Well, since we do have this to -- also as an item to approve, do you feel comfortable that will be cleaned up? Can you offer some language tonight or what's the pleasure of Council on that? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- I would make a motion that we move forward with the change of item and bring -- we got to bring a resolution forward and at that point -- De Weerd: You have a resolution. Bird: -- we could also have the change at that time within this language and say yea or nay. De Weerd: The resolution is the next item. Do you want to - Meridian City Council March 23, 2010 Page 67 of 74 2. Resolution No. 10-716: Adopting the Revised City of Meridian Purchasing Policy: Moved to Follow Item 11. Bird: We might have to delay the resolution. Watts: Madam Mayor, Councilman Bird, if Council would like, I could go back and revise this right now and have it for you -- Nary: After your Executive Session. Watts: Exactly. It's going to be fairly straight forward and simple. De Weerd: Okay. Watts: Thank you. De Weerd: Keith, do you want to address the landscape maintenance agreement? Watts: Yes. The reason that is -- Zaremba: Madam Mayor? De Weerd: I'm sorry. Hold on for a minute. Watts: Sorry. De Weerd: Mr. Zaremba. Zaremba: Before we move on, I guess this is just a question. Do we need to do anything revoking the old policy or does that automatically happen? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, when you adopt a revised policy it will supersede any previous -- Zaremba: It wasn't mentioned, but I just wanted to clarify that. De Weerd: Okay. a. Amended onto the Agenda: Agreement for Independent Contractor Services with Lawn Co. for Landscape Maintenance Services. Watts: Madam Mayor, Members of the Council, the landscape contract is, essentially, on my department because I did not get it to the clerk's office in time Meridian City Council March 23, 2010 Page 68 of 74 for the Consent Agenda. I apologize for that. We did go out for an RFP for this. It was a fairly lengthy process. We had ten responsive proposers on it and the winning proposer is Lawn Co. This agreement is a three year agreement with two one year extensions on it. There is a funding out clause for lack of -- so, for Council not appropriating funds in any given fiscal year. We are ready to move forward with this, if you have any questions I'm here to answer anything. I also have Steve and Elroy here. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: It don't -- it don't say -- it says compensated on a monthly basis. Is that 255,145 dollars and is that a year or is that for the three years? Watts: That's for three years, Councilman Bird. There is a breakdown in that contract that -- that -- Bird: Well, (thought -- I thought it was, but I -- it says right here, you know, be compensated on a monthly basis. It don't say whether it's 36 months or 12 months or -- Watts: Based on, actually, a 36 week season. But they do submit their invoices monthly. It is spelled out in the contract for the contract manager to manage that project. Rountree: Back in the fine print. Bird: I didn't get that far back. Siddoway: Madam Mayor? De Weerd: Steve. Siddoway: Just two quick items. One, I'd just really like to commend my staff for their hard work on this. Elroy Huff, Mike Barton, and Roger Norberg put -- through the month of December worked on a new and very detailed set of maintenance standards that created the basis for the bid that went out and with spring here we need to get the contractor on board as soon as possible. So, we did provide it to Keith about a week ago in the hopes that it could get on the agenda and we would just request your approval and stand for any questions you might have about it. De Weerd: Thank you. Any questions, Council? Meridian City Council March 23, 2010 Page 69 of 74 Siddoway: And it is -- it is -- that amount, Councilman Bird, just to clarify, it is a three year amount and there is a breakdown of those three years in the back of that contract. Bird: It has the fund out. We are okay. Siddoway: There is a three break -- even within each year there is a breakdown for three separate funds. One for bill bug, one for the base contract, and one for what says, you know, bid two or line two that's the Water Department. Watts: Correct. And that is in the water department's budget as well. Siddoway: Right. As a separate item. De Weerd: Steve, just a question as to oversight. You know, there were some bill bug damage in a couple of -- our green spaces that were being maintained by a contractor last year. What is our oversight to make sure it doesn't get to a point where it's noticeable by the public and almost damaged enough -- Siddoway: Can you address that, Elroy? Huff: Madam Mayor, Members of the Council, you built in some things in that document, so they have to inspect for bill bug on a monthly basis and we have to be -- we will be watching that with them on those crucial times as they come up, which is June, July, and August. End of May. Or end of May, June, July, and August. And we didn't require them to just automatically applicate as we are working on IPM practices, Integrated Pest Management, to avoid applying when we don't need to, but we know there is some areas that absolutely have this issue. So, we are going to make sure that we are right there with them. They have to monitor that and, then, they have to let us know -- they have to inspect it and, then, let us know they found it and, then, we tell them to get right on it, so -- that first treatment will probably come about May 15th, though, so -- De Weerd: Okay. Thank you. Watts: Madam Mayor, I would like to add also that the contract actually specifically calls out for -- I believe those problem areas that they are required to be treated. De Weerd: Thank you. Okay. Council, any further questions? Bird: I have none, Mayor. De Weerd: Okay. Do I have a motion? Meridian City Council March 23, 2010 Page 70 of 74 Hoaglun: Madam Mayor, I move that the city enter into an agreement for independent contractor services with Lawn Co for landscape maintenance services as -- in a not to exceed amount of 255,145 thousand -- 255,145 dollars for a three year period with potential extensions as per the contract. Zaremba: Second. De Weed: I have a motion and a second. Any discussions? Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. I De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 9: Items Moved From Consent Agenda. De Weerd: Okay. There were no items moved from the Consent Agenda. Watts: Thank you. Item 10: Ordinances A. Ordinance No. 10-1444: Making the Violation of Posted Signs Prohibiting Smoking a Infraction: De Weerd: Yes. Thank you. We will see you after we get back. Item No. 10 is Ordinance No. 10-1444. Madam Clerk, will you, please, read this ordinance by title only. Jones: Thank you, Madam Mayor. An ordinance amending Title 6, Chapter 3, Section 2 of the Meridian City Code regarding disorderly conduct and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, I would ask for a motion to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 10-1444 with suspension of rules. Rountree: Second. Meridian City Council March 23, 2010 Page 71 of 74 De Weerd: I have a motion and a second to approve Item 10-A. If there is discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 11: Amended onto the Agenda: Executive Session per Idaho State Code 67-2345 (1) (a) - To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Not to Include Filling a Vacancy in an Elective Office, (c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property Which is Not Owned by a Public Agency, & (~ - To Consider and Advise its Legal Representatives in Pending Litigation. De Weerd: The next item is -- was added to our agenda. Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(a) and (1)(f). Hoaglun: Second. Rountree: Second. De Weerd: I have a motion and a second. Roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:14 p.m. to 11:42 p.m.) Bird: Second. Meridian City Council March 23, 2010 Page 72 of 74 De Weerd: Okay. I have a motion and second to move out of Executive Session. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Continued from Item 8C1: Finance Department: Purchase Policy Discussion: A. Continued from Item 8C2: Resolution No. 10-716: Adopting the Revised City of Meridian Purchasing Policy. De Weerd: Do I have a motion to adjourn? Rountree: No. We have one more item. De Weerd: Oh, I'm sorry. Rountree: Finance Department. De Weerd: Sorry, Keith. Watts: That's okay. De Weerd: I was ready to go. Watts: I think we all are. Take a look at page four, Item 4-A. I have revised that as Mr. Rountree suggested and -- the revision of it. De Weerd: It would have been helpful if you used strike outs. Edit mode. Watts: The language that I did add states the department director or designated purchasing personnel shall have the responsibility to determine what method of procurement is in the best interest of the city for procurement -- or purchases in this range. Bird: Yeah. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we approve Resolution 10-716, adopting the revised City of Meridian purchasing policy, that the Mayor be authorized to sign and Clerk to attest. Meridian City Council March 23, 2010 Page 73 of 74 Zaremba: Second. De Weerd: I have a motion and a second and that would include the new language that is in front of you right now. Siddoway: Yes, it would, with the changes made to Section 4-A, subsection one. De Weerd: Okay. Any discussion? Rountree: I have none. De Weerd: Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Watts: Thank you. Zaremba: Thank you. De Weerd: Thank you, Keith. We appreciate you getting those changes made. I would now entertain a motion. Rountree: So moved. Bird: Second. Zaremba: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 11:45 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council March 23, 2010 Page 74 of 74 MAYOR TAM a WEERD ATTEST: ~)rl ~. ~ i~~i~~. DATE APPROVED JAYCEE lL.~-IOLMAN, CITY CLERK`y,~~~~~~~~,'/, rF ; o ~~t~L 9 a ~ Q ~ q P . '~llll rrrrl tl ll!!~```