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HomeMy WebLinkAbout2002 01-22Meridian City Council Meeting January 22, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday January 22, 2002 by President Tammy de Weerd. Members Present: Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Mike Worley, Gary Smith, Brad Watson, Shari Stiles, Ken Bowers, and Tom Kuntz. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird O Mayor Robert Corrie De Weerd: -- at this Council meeting. First I would like to welcome Troop 152 sponsored by the LDS Parkside Ward. Thank you for joining us. Is this the whole troop here, or do we have two? Unidentified Speaker: 128. De Weerd: 128, and who are you sponsored by? Well, great. It's nice having you here and we hope you learn a lot tonight. Mr. Clerk can you do roll call? Berg: Thank you Madam President. I know you didn’t like Madam but I’m sorry. De Weerd: Madam is fine. Berg: Thank you Madam President, roll call. Item 2. Adoption of the Agenda: De Weerd: The second item on our agenda is the adoption of the agenda. Are there any changes? Nichols: Madam President. De Weerd: Mr. Attorney. Nichols: Item No. 7 will be a resolution. It is not ready so that needs to be taken off the agenda. De Weerd: Okay. We can just pull that from the agenda? Meridian City Council Regular Meeting January 22, 2002 Page 2 of 46 Nichols: Yes. De Weerd: Okay, item No. 7 then will be pulled from the agenda. There has also been a request that we move the Meridian School District presentation from No. 9 to before the department reports. Do any of our Council Members have anything, any problem with that? Nary: No. De Weerd: Okay. I would entertain a motion. Bird: Madam President. De Weerd: Yes. Bird: I would move that we adopt the agenda. As noted, item 7 will be scrapped until a later date when we get the deal and that item No. 9 discussion with Meridian School District be moved to item No. 4 ahead of the Parks Department reports. Nary: Second. De Weerd: Okay. Motion has been made and seconded to adopt the agenda as changed. Are there any further discussions? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes from December 11, 2001 City Council Special Meeting: B. Approve minutes from December 11, 2001 City Council Strategic Planning Workshop: C. Approve minutes from January 8, 2002 City Council Special Meeting: D. Approve minutes from January 8, 2002 City Council Strategic Planning Session / Workshop: E. Proclamation for Idaho State University Day: F. Amendment to Development Agreement for Bear Creek Subdivision: Meridian City Council Regular Meeting January 22, 2002 Page 3 of 46 G. TFCM Associates Water Main Easement Agreement: H. Aire Manufacturing Water Main Easement Agreement: I. WWTP Generator Installation Project – Change Order No. 1: J. Five Mile Relief Sewer Project – Addendum to Agreement for Professional Services: De Weerd: Okay, No. 3 the consent agenda. Bird: Madam President. De Weerd: Yes, Mr. Bird? Bird: there's one of these and I marked it down. I don’t know when the right one. It's got the signature in the wrong place on one of these consent agendas. The contractor signed where the City was suppose to or something. Maybe I was seeing things. (inaudible) the one I marked down. (inaudible discussion amongst Council) Bird: I’ve got some post it's and I marked it down. I thought I had it. (inaudible discussion amongst Council) Smith: Madam President. Bird: Yes? Smith: Councilman Bird I think it's – De Weerd: You can see there’s a struggle with the change. Bird: Yes. Smith: Under the public works department, Brad Watson said it's item No. 2, or -- Bird: Oh, okay. Smith: -- excuse me item No. 1 the professional services with Civil Survey. Bird: That’s it, right. De Weerd: Okay, is that under Department reports? Meridian City Council Regular Meeting January 22, 2002 Page 4 of 46 Smith: Yes ma’am. De Weerd: Okay. Bird: Madam President. De Weerd: Yes? Bird: I would move that we approve the consent agenda as noted. McCandless: Second. De Weerd: Okay. Consent agenda, been moved to approve as presented. Is there any discussion? With no further discussion, all those in favor say aye. MOTION CARRIED: ALL AYES Berg: Madam President. De Weerd: Yes, Mr. Berg? Berg: Just out of safeguard, I think we should probably take roll call on the consent agenda because there are some agreements, especially a development agreement that needs to have the roll call vote. De Weerd: Okay, thank you. Berg: Sorry. De Weerd: Thank you. Mr. Berg, would you like to call roll? Berg: Yes, I will thank you. Roll-call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 9. Meridian School District Presentation – Wendell Bigham: De Weerd: Okay. Item No. 4 has been amended on the agenda. The Meridian School District Presentation, Christine Donnell. You don’t look like Wendell. Donnell: I don’t do I? De Weerd: That was a compliment. Meridian City Council Regular Meeting January 22, 2002 Page 5 of 46 Donnell: Thank you. President de Weerd and Council Members, Mr. Berg, Mr. Nichols. Thank you very much for accommodating first of all an opportunity to speak to you sooner. I actually was planning to go from here to the Eagle City Council to give the same presentation. That was our request. Then Wendell and I decided that we would just divide the presentation. So, he will be at Eagle and presenting about 8:00 much of the same information that I’m going to be talking to you about today. First of all, I have a handout that I would like to provide to you. I would like to just walk you through it very quickly. Then I can answer any questions you might have or offer a little bit more information. De Weerd: Christine, we also have two of our P&Z commission members here. Do you have extra copies? Donnell: I made six. (inaudible) De Weerd: Yes, please. Donnell: Thank you. I should have made you some extras. I’ll wait just a minute until you have it in front of me, in front of you. I guess I do have it in front of me. As you are very well aware, we are continually looking at our projections, at the growth that we experience in the Meridian School District. We’ve had really an unprecedented growth just as the City of Meridian has. That goes hand and hand. We are projecting right now, very early, somewhere around 700 new students even this next year. Even though, I think as you all saw in the paper that building permits are down and there’s probably some slowing of the growth that’s being projected. What we do when we look at that growth is we just roll all of our classrooms up. As we continue to graduate classes of seniors that are less than the classes of kindergartners that we have, then we continue to see that growth. In reality, we have about 100 new students from the time we took our attendance this fall to right now. But, again that will still reflect more students this spring as we do our projections. This spreadsheet that you have in front of you is one that Wendell has put together. So, if there are some questions I can't answer, we’ll sure have him back here to make sure that you get any answers. At the top there’s just some information. The capacity of the elementary schools, there’s six grade, kindergarten through five, a grade capacity 108. Then the middle school, about 1000 with three grades. High school of course about 2000, we would rather it be 1800 and then four grades in our high school. As you can see, there are three elementary schools generally will support a middle school. One and a half middle schools support a high school as you roll up. I’m here tonight just, really to talk mostly about the north Meridian planning area because that has us extremely concerned, as I know it does you as well. We see a lot of development at least requested in that area. First of all, in that center part of this spreadsheet you’ll see that we’re just talking about ten square miles. That relates to 640 acres. You can see the development. We expect that it's going to have 77 percent residential utilization. So, the houses, then that that ten square miles in that north Meridian planning area will relate to 17,818. What we have used in the past as we try to determine how many students are going to come out of a particular development Meridian City Council Regular Meeting January 22, 2002 Page 6 of 46 or out of a particular area is the 0.8 that you see there. That seems like kind of a funny number. That is really, I mean it's a variable, without a doubt. We’ve had some of our patrons who think that that’s too low. We’ve had some that think that it's too high. That’s generally what we’ve used. So, as you can see in that ten square miles, the total K through 12 students would be 14, 254. We worked with some densities so you see the low and medium and high density. I won't go through that but the total dwelling units are listed there per square mile, which we estimate to be 1,782. The last section on that first page that might be a little confusing is that we took our elementary distribution per square miles. You have six grades in elementary, out of 13. We determine that by the .08 and we multiply that by .46, which is the number of our students that would be represented in those grades. Then we see that we have 650, if of course, they all came in and separated according to all these grade levels, that we would have 6557 elementary students. If our capacity at our elementary schools is 650, then we’re looking at 10.09 elementary schools in that north Meridian planning area. You can see as you go down the column, 3.28 middle schools and 2.2 high schools for that. On the next page, we kind of looked at so many dwelling units per acre depending on the density that is determined either by the comp plan or by your decisions and what approvals they have. So, the next three columns down on the next page, all you’ll see is our calculations if it happens to be either low, medium or high density. As you can see, the number of schools we have put in bold so that you can recognize how many elementary schools, middle schools and high schools we would anticipate that we would need in this area. At the very bottom of this page is the investment that we look at in terms of this growth. So, we have just gone through a calculation of 13 elementary schools and what that would cost, total buildings, middle and senior. You can see that at the very right hand part of that last column $238,500,000.00 is the investment in just that north planning area for our district patrons. We also broke out the land costs, the building costs, that investment total and then the investment per square mile. All of that seems kind of probably, it could very well be just an effort that’s not going to mean much because what ever happens there, we’ll make sure that we try to provide the education for those kids. I might just share with you that, I think when I was here last, I told or maybe the time before that. I told Councilman Anderson at the time that the number of, the percent of the students in Meridian City and in the area of impact was about 40 percent. I was pretty much right on. As we went back and looked at those calculations. Wendell tonight is telling the City of Eagle that their percent of our district of student population is about 19 percent. So, 31 percent resides in Boise, the area that we serve that’s in both the City of Boise’s area and also Ada County. So, we have, we have a huge investment in making sure that all of our communities are well aware of what we’re seeing and the needs that we’re going to face in the next few years. We currently just, for a reminder have three high schools. We’ll be opening Mountain View in 2003. We have two alternative schools that are just 150 students. We have one charter school that is currently at 200, a little bit less than that but that’s it's capacity. We have five middle schools, one alternative middle school and we have 22 elementaries. We’ll have Ponderosa opening up this fall. That’s in the area of Ten Mile and Ustick. With that I can talk to you about capacity. I can try to answer any of these questions on the spreadsheet that Wendell put together. With that I’ll just stand for questions. Meridian City Council Regular Meeting January 22, 2002 Page 7 of 46 De Weerd: Council, do you have any questions? Bird: I have none. Nary: Madam President. De Weerd: Mr. Nary. Nary: Miss Donnell, this is great information. I’m wondering, just for my edification as well as the public. So, what would you like us to do with this information? How would you like us to apply it when we have projects that come forth? Secondly, what is the school district doing to sort of get to that $257 million number? What are you doing in advance of that? Donnell: Besides gasping? I mean, a lot. Councilman Nary, I think what we’re trying to do --. First of all is to provide the information, you know to all the permitting agencies because we have no authority at all to deny or approve any kind of development. Before I go on to ask the rest of your question, answer the rest your question I will mention that we have, we’ve worked, revised the letter that we send when we have a request to respond to development. You’ll see that it's a little bit stronger in our attempt to say to the developers you know this is what, and to the agencies that this is how it will impact us. That we continue to see this kind of phenomenal growth. I hope that that helps. Without us being accused by the development community that we’re trying to stop or slow development. That is not our intent. We just have always said if it the kids come, we’ll accommodate them. We just know that that is a huge issue in your hands. What we’re doing right now is, trying to anticipate as we look at running the next bond to have enough money in there that we can begin to buy property out ahead. I think that’s just pretty much all we can do. We have not been successful in the past in running a bond issue that would open schools that were not at capacity. We’re going to try that with Ponderosa. We’re going to try to keep it a little under capacity because we know that growth will come around. Generally we’ve not been successful at passing bonds saying that we’re going to build for the future. If I had my wish, I would hope that this fall I would go to the patrons and say we need to pass about $120,000,000.00 of bonds, but we only want to construct half of that in the next two to three years and then half again. I think that’ll be a hard sale even though our market value has increased and we’ve been able to keep that tax rate levy even. I’m not sure that we could that with 120 million. But I would love to be able to go to our folks and say, we’re not going to come back to you in two more years because that’s what we’ve been doing. We’ve had wonderful support from the community. That’s been gratifying because I think that we realize and that they realize that the growth is something that we all have take care of and that we need to build schools to house all the students that come. We’re going to currently really be talking to the Eagle community about one more elementary school in that area. Then as we see the growth, if it occurs in the north Meridian planning area that is being addressed, then that’ll push that boundary further toward Eagle. That will probably hold unless we see a lot more development in Star. The south Boise area in our district I believe is really going to begin to mushroom. It's kind of held. It's interesting Meridian City Council Regular Meeting January 22, 2002 Page 8 of 46 to watch that because we’ve been accused of not really having good projections out there and that we’re going to see a ton of new kids. They’re starting to come now. Lake Hazel is way over capacity. Currently Ridgewood and Silversage are still under capacity and we’re handling a lot of our subdivisions by transporting them to those schools. Did I answer your questions, Councilman? It's difficult to plan when you don’t know what your funding is going to be and able to do that. I think land is one of the biggest issues that we have right now. Nary: Madam President. I have one other question. How receptive and how cooperative has the development community been in working with the school district with targeting or assisting in any of the purchase or sale of sites? How has that been? Donnell: It's a great question. President de Weerd, Councilman Nary. I’m going to remember all these things. I’m usually sitting up there somewhere. I think that they’ve been very cooperative. I wish they were more cooperative and would just donate sites to us. But, they’re not quite that cooperative. When they donate a site, or if they would donate a site, of course that increases the amount that they have to recover from each of the acres or whatever their development density is so we see that. But, they’ve really been cooperative in terms of saying you know this is where we could build into our design an elementary school or a middle school or a high school in that area. I think that they’re, in fact I think they’re quite happy about having that. That also, I think provides green space, as you’re looking at in your comp plan to be able to develop that so that’s it's really a quality of life area. We are talking and we’ll continue to talk to whatever agency wants to visit with us about having joint school and park sites. I have to just share with you that, when we did that the very first time and Dan Mabe was the deputy superintendent and I was complaining to him that that was never going to work. That we would be having all kinds of difficulty with supervision and you know the big bad guys coming out of the bushes. To this date, we have been very pleased with the way our joint park and school sites have been handled. That’s still something that we would really like to talk to. I know Tom just loves listening. He’s writing it down. Are you writing my words there? I told him I was going to owe him because I got to go before his Department report. I think that Wendell is working very closely with the developers and trying you know just to make sure that we know where we can get sites. But, we’ve just got to get way out ahead of it, way out. Then we have the issue of trying to provide services. De Weerd: Miss Donnell, I do have a couple of questions. One, I think the north Meridian area plan process has really made us all stop and evaluate infrastructure needs and the costs and that sort of thing. I think it has also kind of helped for you to start planning and looking at these numbers. They’re quite compelling. This is something that really needs to go through the legislature and be part of their planning and considering how do we address our educational needs and what is the most appropriate method of doing it especially in an area like the Treasure Valley and the rapid growth that is has experienced and it will continue to experience. I know that the BCA is looking at solutions with the City in some of these things and they should be a partner to this as well. You know, I would wholeheartedly ask them to partner with the Meridian City Council Regular Meeting January 22, 2002 Page 9 of 46 school district, the City and the building community to try and find some solutions to this. Donnell: I might mention President de Weerd that we haven't been too successful in having the legislature recognize the needs of a growing a community. But, when you look at the makeup of the legislature and you see that a good share of our legislatures are coming from communities where there is no growth, then it begins to be understandable. I served on the governor’s Blue Ribbon Task Force on facilities two years ago. The huge issue is, is it a local responsibility or is it a state responsibility to deal with providing facilities for our children? It's a philosophical discussion that generally if one has one particular view it's not changed easily. De Weerd: Well, numbers are pretty compelling. This helps put a lot of this into perspective. Staff, do you have any questions for Miss Donnell? No? Commissioners? Jerry, would you like to come up and use the microphone? Centers: Jerry Centers, 1934 Retriever in Meridian. Over how many years was the projection? Maybe I missed that. Donnell: You did not miss that and I didn’t say it. We’re saying probably ten to 15 and possibly 20. We expect it would be more than 20 as we’ve talked in terms of our projections. Centers: The bottom line dollars, was that today’s estimate or was it based on inflation rates down the road? Donnell: I can't answer that. I don’t know. That’s a real good question. I’ll get back with you on that if that’s okay. I don’t know if we built in an inflationary percent. Usually we do and it's usually three percent. Centers: Okay. De Weerd: Mr. Borup? No? Council, anything further? Thank you so much. Donnell: Thank you. De Weerd: This is very helpful and I hope that this can be included in the public hearing next week on January 30th in the open house that they have with the north Meridian plan. So, somehow a lot of this can be incorporated. They might even see the value of at least giving some raw land prices rather than the developed price that they get you. Donnell: Sure. Madam President, Wendell will be there. I have class that night but he is planning to be there. He also has some information that he could put on an overhead. I understand it's an open house and kind of an informal forum. So, he will plan to be there and we’ll be part of that, absolutely. De Weerd: Thank you. Meridian City Council Regular Meeting January 22, 2002 Page 10 of 46 Donnell: And we’ll be back on the comp plan too. De Weerd: Just one last thing. On our workshop on February 12th , -- Donnell: Yes? De Weerd: Since you brought up co-location of parks, maybe that’s something that we can talk specifically about then? Donnell: Great. De Weerd: Okay. Donnell: Okay. Thank you again for your time. Item 4. Department Reports: A. Park’s Department – Tom Kuntz: 1. Chamber Expansion -- Restrooms: 2. Naming of 56-Acre Regional Park: De Weerd: Now, we’ll get to the real item No. 4, Department reports. We’ll start with item A, parks Department, Mr. Kuntz. Kuntz: Thank you Madam President and Council. I really have only one true item that requests action tonight if possible. It is naming the 58-acre park. De Weerd: Do you want to start with item No. 1 though? Kuntz: Sure. De Weerd: Please? Kuntz: It's item No. 2 in my memo. I’m sorry, I apologize. De Weerd: Okay. Kuntz: You should have a memo in your packets dated January 17th . That’s item No. 2 in that memo. As you recall at the January 8th workshop, we presented an estimate from Beniton to complete the restroom expansion at Storey Park as part of the Chamber expansion. Their estimate was $75,000.00 and our budget was 63,000. Council directed our staff to find out from Beniton why the increase and where it could be attributed to. You should have an attachment to that memo. I believe it's the very last Meridian City Council Regular Meeting January 22, 2002 Page 11 of 46 page of that memo that shows an up to date cost estimate. There’s two columns. One is dated July 18th and one is dated January 18,2002. As you can see the estimate has come down substantially from 75,000 to 68,798. We’re looking for some additional possible deletions. One is under general conditions, the first item under activity, there is approximately $2,000.00 in there for cold weather construction which would include blanketing for concrete work and those type of items. We’re hoping that with the cooperation from the weather, that we will not incur that cost. Secondly, towards the bottom, we have plumbing and HVAC, which is currently $20,000.00. There may be an opportunity for the actual plumbing of the facility to be donated by the plumber’s, I don’t know if it's a union but I’ll call it that. They’re discussing that now with Beniton. There are some additional costs that are not shown in this budget which are, half of the design of the building, the Ada County Highway District impact fees and future sidewalk construction totaling about $4500.00. We are still estimating that we are going to have some cost savings from the additional $120,000.00 that we have budgeted for the phase one construction of the park and we are still hoping that this amount of currently 68,798 comes closer to the 63,000 we have budgeted. So, with the permits that we’re paying we’ll be in the $68,000 range total. I would stand for any questions. De Weerd: Council, any questions? Mr. Kuntz, I do have one. So, if you go at the 68798 plus the 4500, you think that the phase one budgeting process can cover that overage if nothing else is deleted from this total? Kuntz: President de Weerd, Council. I guess I’m not in a position tonight to answer definitely yes. I would like to delay that answer until your workshop in February so we have a --. We are getting some further additional estimates on the individual costs of phase one and we’ll have a clearer picture. I will tell you that we understand that the City Council as well as staff is committed to the restroom and if there need to be some things taken out of phase one, that’s what we would propose to do. De Weerd: Okay, thank you. Did you have anything else on that one? Kuntz: No Ma’am. De Weerd: Okay. 2. Naming of 56-Acre Regional Park: Kuntz: The last item is naming the 58-acre park. Just to briefly explain what's in the packet with the memo. The City Council advertised, actually staff advertised for the Parks and Recreation Commission requests from the community for suggestions on the name of our new 58-acre park on the corner of Ustick and Meridian Road. We received, I believe it was about 40, 46 suggestions. The commission prioritized those and narrowed it down to three at their meeting in December. Then I believe it was in January came up with the recommendation of Freedom Park to pass along to the City Council. Tonight we are requesting from the City Council a formal adoption of the name Meridian City Council Regular Meeting January 22, 2002 Page 12 of 46 of the park. Staff is not making a recommendation. We don’t feel like that’s our role. I’ll stand for any questions. De Weerd: Council, do you have any questions? Nary: Madam President. De Weerd: Mr. Nary. Nary: Mr. Kuntz, how was the advertising done to solicit suggestions from the community and what was the criteria that the commission used to decide on Freedom Park as the recommendation? Kuntz: The advertising was done through the Valley News, through the Idaho Statesman and through the elementary schools within our area of impact. The criteria was very simple. We were looking for names of geographic significance or historical significance. We’re trying to stay away from personal names. Does that sound right President de Weerd? She was our liaison at that point. Nary: So, then Mr. Kuntz, what was the rationale -- . What was the reason for the selection of Freedom Park over some of the other suggestions? When you said historical, you meant historical in the broad sense of the United States, not just Meridian, I assume. It sounds (inaudible). Kuntz: That’s correct. De Weerd: It was historical to Meridian. Kuntz: I’m sorry, to Meridian. Nary: Okay, it's supposed to be historical to Meridian? Okay. Kuntz: I don’t want to speak for the commission but if you’ll notice the list. Freedom Park I believe is suggested about five or six times. I have attached a third page to your memo that goes into a little bit more detail a couple of individuals who recommended Freedom Park. I believe most of those recommendations were made as a result of the September 11th tragedy. I don’t know if I need to read those, I could. De Weerd: Tom, what were the top three names? Kuntz: The top three names were Settler’s, which references the irrigation company who brought water to that area. Progress Park and I believe that was a relationship to the progress that has been made in the Meridian area over the last ten years and Freedom Park. Meridian City Council Regular Meeting January 22, 2002 Page 13 of 46 De Weerd: Lila Hill, who is our local historian, emailed some information on that piece of property and I did distribute it to you, or Will did before the meeting. Tom did you get a copy of that? Kuntz: I did. De Weerd: She wasn’t aware of when the discussion was made at the parks and recreation commission meeting. She did want some historical knowledge for this particular site in front of City Council so you can kind of get an idea that piece of property and crucial to Meridian when it first settled was water. That particular site was not settled on because it was set aside for school endowment lands, which were sold and not homesteaded. Just to the south of it on both sides of Meridian Road, just south of Ustick, that is where the original settlement was for this community. So, it does have significant historical value. That’s also where Settler’s Irrigation District was named after because of the early settlers that were living in that area and because of the importance of water. She just felt that this information in front of you right now was important to the consideration for a regional park that is very important to our community. Unfortunately, the Parks and Recreation Commission did not have this information in their decision. I believe that when they did vote on the final name, there was a split vote, wasn’t it Tom? Or, was that earlier on? Kuntz: I believe that was earlier on President de Weerd. De Weerd: So, Council, what would you like to do here? Is there any comments from the people out there that you would like considered for this park name? This is what the park is for, you young people out there. Bird: Madam President. De Weerd: Mr. Bird. Bird: While they’re getting their nerve up to come up forward, I’ll put in some deal. I have no problem with the Freedom Park. I would prefer to see that at a smaller park. I believe that this is a regional park, 56 acres probably within the City impact area will not ever develop another park this large. I think it ought to reflect upon what built this community. I see that there is much more regarding dairy of some sort mentioned here that is probably --. The Freedom Park, I would like to see the park be – have something regarding the dairy, and dairy days whatever if we don’t want an individual’s name. I think that Freedom Park would be a smaller one down the road, which I hope we will be developing 20-acre parks. For a big regional park, I would like to see it named after, at least the industry that probably did as much in getting the community of Meridian up and running. At one time we had one of the largest milk factories here. I would like to take that. I don’t think it's necessary that we have to name the park tonight. We need to get it developed before we worry about a name. I would like to see something that would be more historical towards the community. Meridian City Council Regular Meeting January 22, 2002 Page 14 of 46 De Weerd: Thank you. Nary: Madam President. De Weerd: Mr. Nary. Nary: First, I did --. Mrs. Gonzalez called my house today and asked that her suggestion be included. I told her that I would at least let the Council know. She had suggested basically a contraction of America and Meridian into a word, which looks to me like Ameridian, but it's the contraction of the two. There’s a couple of other park names that are contractions of different words. I would agree in principle with what Council Member Bird says as well. Although I certainly don’t want to say that freedom isn't important because I think it is and I do think that that’s a very good name for a park. This may be the largest park that the City ever does. I think it is significant enough to the City and there’s an historical significance to the side that it made sense to me why that was a criteria that was being used to make a decision as to what the name should be. It would be, I guess my preference that we at least consider something that is more tied to our community, that is identifiable to our community. Freedom Park is a very good name but it doesn’t have a tie to Meridian itself. I think Miss Hill, in a couple of her suggestions mentioned in here that there is the Centennial of the Village of Meridian in 2003. That’s an interesting idea that I wasn’t aware of. Bird: That’s right. Nary: That might be something to consider as a possible name. I would also agree with Mr. Bird. I don’t know that we have to pick the name tonight. I guess I got the impression the reason we were considering making this decision now is so we would stop calling it the 56-acre park and we’d actually call it by something. It's not common that it has to be named prior to opening it or dedicating it or anything. So, it doesn’t have to be decided tonight. I would really like to --. I guess I would really like to explore names that are much more tied to our community. This is a crowning jewel of our parks Department and of this City. I think we should treat it like that. I think it should be something that we can all point to and not find a name that is, although very noteworthy, its very generic in context and may have a lot of credibility in some contexts but not on the crowning jewel of our City or our parks system that we have that I think we would be much happier in not picking something that fits the mood of the day. But rather fits the mood of our City from the past as well as the future. I don’t know what we need to do to explore that going forward to make a decision on the name but I guess I’m not positive we need to pick it today. De Weerd: Mrs. McCandless, do you have any comments? McCandless: Thank you Madam President. Sitting here listening, I do agree with Mr. Bird and Mr. Nary. I kind of like the, going along with that, I kind of like Settler’s Park for the historical meaning of that one. I agree with them that Freedom Park could be very easily be one of our smaller parks as time goes on. I think it should be historical. Meridian City Council Regular Meeting January 22, 2002 Page 15 of 46 De Weerd: I think a lot of these comments were shortly after 9-11 and it certainly was utmost on everyone’s mind. I agree it is a worthy name and probably a park in Meridian or even an activity within this park it would be appropriate. Mr. Borup, did you have a comment? Please, come up. It's not a public hearing so I won't swear you in. Borup: Keith Borup, 2090 Freedom Lane. De Weerd: Freedom Lane? (inaudible discussion amongst Council) Borup: My comments are based on Councilman Bird’s. Something kind of clicked with me when he was talking about tying into dairy. I believe it's (inaudible) a couple names to throw out, Challenge Park is something that would tie in but is also a name that had double meaning, I mean more than one meaning. That was the first name I had. The other one that I liked even better was Councilman Nary said, Centennial Park. That would be two names that I would throw out. De Weerd: Thank you very much. Okay. Any of the young people that would like to come up and comment or offer any ideas? It might be that good way to get that citizenship badge. Is that what we’re going for tonight? Bird: Public speaking, come on. The microphone won't more than bite you. De Weerd: Yes, and we won't. Okay, I won't put you on the spot. How about your troop leaders? (inaudible discussion from audience) Bird: Here comes one. He’s getting ready. De Weerd: Okay, great. Bird: You can come right up here, young man. (inaudible discussion amongst Council) Unidentified Speaker: We were over there talking --. De Weerd: Would you please state your name? Brenton: Brandon Brenton. De Weerd: Thank you Brandon. Meridian City Council Regular Meeting January 22, 2002 Page 16 of 46 Brenton: We were over there talking, we thought up 109 park because Meridian has been here 109 years, so like 109 or something. De Weerd: That’s a great suggestion. I like your reasoning too. Thank you. McCandless: Thank you. De Weerd: Thanks. It doesn’t look like Tom, that you’ll get a name tonight but Council when would you like to re-visit this topic? Nary: Madam President. De Weerd: Yes, Mr. Nary? Nary: Maybe so that people don’t think that government never gets anything accomplished, before we meet again, maybe what would be helpful is if we had whoever we want to have bring us these suggestions. We’ve had the parks commision gives us a suggestion now. The Council certainly spoke on what their feelings are. Would it be beneficial to have a very small group, Mr. Kuntz, a member of this Council, a member of the parks commission, or something like that? Speak with Miss Hill, talk with some other folks and bring back a suggestion or two or three so this Council can make a decision? I’m afraid if we just set it on our agenda again in a month or two; we’re probably just going to have the same discussion. If we feel comfortable with that, I certainly would be willing to do that, or if you would like someone else that would fine, but some way that we can actually --. *** End of Side One *** Nary: -- two or three suggestions and make a decision and move on. Or, set a target for when that needs to be accomplished. If we had a dedication date for this park and we want to have a name picked before that, we’d have some idea of when this needs to be accomplished. 2003 seems like possible anyway. Bird: That might be a possibility. Nary: That might be possible anyway. That way we at least have a target. I’m just afraid if we put it on our agenda, we’re just going to talk about it again like this and people will feel like we’re not getting anything done. If we just set a target, set some folks to help us reach that target, give us some suggestions, we could maybe get this moving on. Bird: Madam President. De Weerd: Mr. Bird. Meridian City Council Regular Meeting January 22, 2002 Page 17 of 46 Bird: I agree with Councilman Nary, lets get the thing done. Lets have a Councilperson, if it's agreeable to you and the Council lets have the Council and Mr. Kuntz and probably Bruce McCoy off of the Planning and Zoning Commission, or Parks and Rec Commission and maybe Lila Hill. The four of them come down and come back to us on February 26th with a suggestion. At that time, we can make it. We don’t have to, regardless of what we call it we don’t have to dedicate until the deal is ready. De Weerd: Mr. Nary or Mr. Bird, would one of you like to sit on that? Bird: I just made that a motion. De Weerd: I don’t think you need a motion. Which one of you would like to serve? Nary: It doesn’t matter. I would be willing to do it or Mr. Bird (inaudible). Bird: I’m the liaison for the parks and on the parks and rec commission so I think Mr. Nary would be fine because we’re going to have Bruce who is on the Parks and Recreation commission. De Weerd: Okay. Is that okay? Nary: Certainly. De Weerd: Can we add one more as a representative from the historical society? Bird: Well that’s Lila. De Weerd: Well, Lila is on there but I think that we could get someone else (inaudible). We could just ask the historical society to appoint someone. (inaudible discussion amongst Council) De Weerd: Okay. Bird: Have the Mayor take care of this or are you going to take care of it? De Weerd: I will let the Mayor know but Mr. Kuntz, can you take charge of this? Kuntz: Yes Ma’am. De Weerd: Thank you. Okay. If we could just get an update at --. Yes, what we can do is tentatively set this for the 26th and if the committee can please let the Mayor know or the clerk then we’ll know if we need to schedule it or not. Kuntz: What did you say? Meridian City Council Regular Meeting January 22, 2002 Page 18 of 46 De Weerd: I know, that phone was a little distracting wasn’t it? If on February 26th we can schedule this as an agenda item to re-visit? Do you think your committee can meet by then --? Kuntz: Definitely. De Weerd: -- and come up with some background? Okay. B. Public Work’s Department – Gary Smith: 1. ACHD Projects – Agreements for Professional Services with Civil Survey Consultants: De Weerd: Okay, item B Public Works Department, Mr. Smith. Smith: Thank you Madam President, Council. I’ve got two items on the public works Department. Brad’s been intimately involved in them so I’ll pass the microphone to him. Watson: Madam President, Council Members. The first item is approval of agreement for professional services with Civil Survey Consultants for five separate water and sewer projects associated with the five different ACHD projects in the next couple of years. Hopefully those are all in your memo. As Councilman Bird pointed out earlier and I had not noticed, they are signed in the wrong spot. We’ll make sure that we get that taken care of this week. This is similar to what we did on the Locust Grove project that was completed last year where we go in and we build out complete all the water and sewer facilities in conjunction with ACHD’s roadway project. It saves us on service repair and we pay just a portion of the mobilization, traffic control that we ordinarily would pay. There were six projects that we requested proposals for. One of those I’ve taken off the list, that’s the portion of Locust Grove from Franklin to I-84. We have some projects, some applications into us that may take care of most of those remaining facilities. If they don’t come through, then we’ll bring that sixth one back to you in the future. We solicited these proposals from Civil Survey because as you’ll note in the memo, they are providing the roadway design for three of those five projects. So, it will be very easy to incorporate the water and sewer plans into their street plans. The other two they are the surveyor, they’re sub-consultant for HDR. If there are any other questions or if you need anymore detail, I’ll stand for those questions and I --. There’s a sample motion there for you. I know it's very wordy. Bird: Madam President. De Weerd: Mr. Bird. Bird: Brad, on this, is this a firm estimate? Are we doing it by the hour? How is this contract set up? I mean, it says man-hour estimates. Evidently they’ve got the man- hour so much per hour. Meridian City Council Regular Meeting January 22, 2002 Page 19 of 46 Watson: Councilman Bird, Madam President, and Council Members. I was going to point that out. In my memo I stated these are lump sum amounts. That’s not accurate. Each one of the contracts lets see if I can find it. You see a fee schedule for each agreement. Then the next page describes what they’re going to do. Then the next page after that, towards the end of their narrative --. I’m looking at the Franklin Road, East First to Nola but I think they’re probably all the same. It says that these are on a time and materials basis not to exceed. So, I erred in the memo. They are not lump sum amounts. Bird: (inaudible) excuse me. Madam President. Brad, I don’t see in this agreement, I don’t see where it says not to exceed. I don’t like seeing agreements without knowing what their labor charges are whether it's $100.00, $150.00 an hour or what it is per man. Watson: On the first agreement – Bird: Is that the one they’ve signed in the wrong place? Watson: Right, they’ve signed all of them in the wrong place. The first agreement that I have, at least in my packet is Overland Road, Meridian Road to Locust Grove Road. On the sheet past their prevailing fee schedule – Bird: Oh, okay, that’s page four of four. Watson: Then we jump to a new part of the agreement, which describes in detail what they’re going to do. There’s that page. Then the second page, sheet two of two, the third to the last paragraph says we propose to provide the design services as outlined above on a time and materials basis with a not to exceed without prior approval of our -- . (inaudible discussion amongst Council) Bird: So, each one of these six here is, the cost estimate is not to exceed, right? That they’ve got in the right hand column under this estimate? Watson: Councilman Bird, I believe your question was in my memo, the dollar figures in that list they are – De Weerd: We don’t have a copy of your memo so we’re working at a disadvantage right now. (inaudible discussion amongst Council) Bird: It's the list that says the projects and there are six projects listed? You’ve got total man-hour estimate, total man-hour, and cost estimate. If I go back and read that one Meridian City Council Regular Meeting January 22, 2002 Page 20 of 46 agreement, the Overland Road one, the 10,745 not to exceed is exactly what they’re showing here. Is that not right, Brad? Nichols: Madam President. De Weerd: Mr. Nichols. Nichols: Mr. Watson, it's the second page following the coversheet from Matt Hart. It's actually their spreadsheet --. Bird: Yes, spreadsheet. Watson: Okay. Councilman Bird, yes there is a spreadsheet with just a small table at the top. All those figures on the right coordinate with the five projects. There is the sixth one in there that I mentioned. Bird: Those are the not to exceeds? Watson: Those are the not to exceed amounts for each one. Bird: Okay. Watson: I apologize if you don’t have the memo. De Weerd: That’s all right. I think the Clerk is copying it. Bird: I think we’re okay. Nary: Madam President. De Weerd: Mr. Nary. Nary: Brad, just one question. So, what my assumption is is there are --. This is one of the agreements. There is an agreement for each one of these projects but all I see is one that we have in this packet. We only have one. The one that --. It all has the same language in it. Is that correct? All of them are identical other than the numbers? Watson: Councilman Nary, Madam President, Council. All the agreements, the boilerplate is identical. The description of what they are going to do and incorporate into each project is specific as well as the dollar amount. Nary: On the not to exceed paragraph that we’ve been talking about, one of the --. What it says not to exceed and it has a dollar figure. I understand that those relate to these individual dollar figures on this small table, the 10,745. Two of the projects have that amount. There are some varying amounts for the other projects. It says without prior approval of the owner but the only reference to owner that I see in here is the Meridian City Council Regular Meeting January 22, 2002 Page 21 of 46 property owner. Isn’t the not to exceed, without the prior approval of the City, which is identified as the client? Bird: I was going to say we’re clients. Nary: I don’t see a separate definition of owner in the agreement and the City on the first paragraph is identified as the client. (inaudible discussion amongst Council) Watson: Councilman Nary, I believe you’re correct. I don’t see another definition either. Nary: I would just be concerned if we were to have a dispute of some sort that the property owner is somehow driving this agreement when that’s not anybody’s intention. I don’t think it's the other Civil Service Consultant’s either. It’s just that I think it’s just an error, an oversight. Maybe we can at least make sure that’s corrected as well to reflect what the parties are. Watson: Councilman Nary, I can certainly when I get them to sign the right spot, have them either define owner or change that to City. Nary: Great. (inaudible discussion amongst Council) McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: Brad, these figures you have in your memo on page three, of each of the five projects. Are those the not to exceed figures? Bird: (inaudible) McCandless: I know. I’m confused. Watson: Council Member McCandless. On page three of the memo and hopefully you have the same one that I’m looking at. I’m not sure right now. (inaudible discussion amongst Council) Watson: There’s an item No. 2 on my third page talking about a UV disinfection process to the wastewater plant which is our second item that I will get to. My second page describes the ACHD projects and the five agreements. Meridian City Council Regular Meeting January 22, 2002 Page 22 of 46 McCandless: I see. Those are the not to exceed then? Franklin Road, East First to Nola and that’s 14,925? Watson: Correct. Nary: Madam President. De Weerd: Mr. Nary. Nary: I’m sorry (inaudible). McCandless: No, go ahead (inaudible). Nary: I don’t know what the past procedure has been so I guess it's more for my clarification. I noticed in here that there’s a recommended Council action and basically the motion to approve these agreements but --. I don’t have a problem with that maybe with the changes regarding some of the language in it but is it not commonly done by resolution? DO we only do it on an oral motion and there’s no written resolution done now or subsequent so that there’s a written record that we approved these agreements? Bird: It's a contract. Nary: I understand that. But, he’s asking us to make a motion to approve it on the record. What I’m saying is, is there not, in your common procedure been to simply have a written document, a resolution of the Council approving these contracts and directing the Mayor to sign? Bird: Never have been. Nary: That’s not been the --? Bird: We’ve always just, in our motion Bill, it's just always said that, that we authorize the Mayor to sign and the Clerk to attest. It's a contract just like any other contract that you have signed for professional services or for a bid, or like Kreizenbeck or doing the thing. We never had a resolution on any of that. I don’t know but that’s just the practice that we’ve done. De Weerd: That’s correct. Bird: Madam President. De Weerd: Mr. Bird. Bird: If there’s no more discussion, I would make a motion and make sure I can get through it all. That we enter into these contracts with Civil Survey Consultants for Meridian City Council Regular Meeting January 22, 2002 Page 23 of 46 professional services for No. 1, Franklin Road, East First to Nola, not to exceed $14,925.00. No. 2 is Franklin Road, Nola to East Gaudian not to exceed $14,925.00. No. 3 is Locust Grove and Overland Road intersection, inclusive of I-84 to Overland not to exceed $9,795.00. No. 4 is Overland Road, Meridian Road to Locust Grove, not to exceed $10,745.00. No. 5 is Overland Road, Locust Grove to Eagle Road, not to exceed $10,745.00. All these contracts are to designate the owners, clients, the difference between owners and clients. Is that how you want (inaudible)? Okay. Nary: Second. De Weerd: It’s been moved and seconded. Is there any discussion? So, the motion is to award the agreements for professional services to Civil Survey Consultants for water and sewer design associated with five different roadway projects with the appropriate designations noted. That would include the Mayor to sign and the Clerk to attest? Bird: Yes, Ma’am. De Weerd: Does the second agree? Nary: Yes. De Weerd: Okay, Mr. Clerk, roll call. Roll-call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES 2. WWTP UV Disinfection, Grit Basin and Outfall Project – Award of Construction Contract: De Weerd: Okay, Mr. Watson, item No. 2. Watson: Thank you Council. The second and final item under the public works Department reports is the award of a construction contract for the wastewater treatment plant ultra violet disinfection grit basin and outfall project. As my memo that I trust you now have states we accepted six bids on January 8th . The low bidder was Turn -Key Inc. $578,363.00. They have completed the last three or four projects at the wastewater plant. The engineer’s estimate on this project was $650,000.00. There is a fairly wide range in the bid amounts. I would be happy to answer any questions you may have. Bird: Madam President. De Weerd: Mr. Bird. Bird: Brad, I mean, they are $70,000.00 under the engineer’s estimate. Do you feel that they are sufficiently covered? Have you discussed it with Turn – Key? Meridian City Council Regular Meeting January 22, 2002 Page 24 of 46 Watson: Councilman Bird, Madam President, and Council Members. Keller Associates, our engineer has reviewed all the bids and did contact both Turn – Key and Trammels Inc, the second low bidder directly to verify that they were comfortable with their bids. Bird: Of course they are bonded. They do furnish a performance and payment bond? Watson: Yes, Councilman Bird they do. Bird: Okay. (inaudible). De Weerd: Any other questions, Council? Okay. I would entertain a motion on this item. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: I would move that we award the contract for construction of UV Disinfection Grit Basin and Outfall Project to Turn – Key Incorporated in the amount of $578,363.00, authorize the Mayor to sign and the Clerk to attest. Nary: Second. De Weerd: Okay, it's been moved and seconded to award the contract to UV Disinfection, or of the UV Disinfection Grit Basin and Outfall Project to Turn – Key in the amount of 578,363, authorize the Mayor to sign and the Clerk attest. Is there any further discussion? All those in favor say aye. McCandless: Roll call. De Weerd: Oh, I’m sorry. Roll call vote. Sorry, Mr. Clerk. Roll-call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Watson: Thank you Council. Bird: Thank you Brad. De Weerd: Thank you Brad. Item 6. Ordinance No. : Official Newspaper: Meridian City Council Regular Meeting January 22, 2002 Page 25 of 46 De Weerd: Okay, item No. 6 is Ordinance 02-937, official newspaper Ordinance. Mr. Clerk will you read this Ordinance by title only? Berg: Thank you Madam President, Members of the Council. Ordinance No. 01-937, an Ordinance amending Ordinance No. 847, an Ordinance of the City of Meridian Idaho amending Ordinance 847 to amend section two of chapter five of title one of the Meridian City Code of the City of Meridian providing for the designation of the Valley Times as the official newspaper of the City of Meridian and providing an effective date. De Weerd: Okay. You’ve heard the reading of the Ordinance 02-937. Is there anyone in the audience who would like to have the Ordinance read in it's entirety? Hearing none, I would entertain a motion. Bird: Madam President. De Weerd: Yes, Mr. Bird. Bird: We had some discussion on Ordinances at the last time. I would like the legal counsel to --. When I make this motion, I want to make it right, okay? So, I would ask Mr. Nichols to tell me (inaudible). Nichols: Madam President and members of the Council. At our last meeting the motion to adopt a couple of, or actually those were three annexation Ordinances. Since the motion was to suspend the rule requiring three readings, the motion also included a direction that the title of the Ordinance be changed so that when the Ordinance was published, or a summary of the Ordinance was published it would reflect that the rule had been suspended. I would like to suggest an alternate procedure for you that I think would accomplish the same thing. That would be for us to provide the summary and include in the summary a statement that the rule was suspended if in fact that’s what you choose to do. As opposed to changing the title because what we do is we prepare the Ordinances not presuming ahead of time that you will suspend the rule and promulgate them that way. Then we have to go back and change the title of the Ordinance after the fact. It would be more efficient for us to simply prepare the summary afterwards as opposed to re-doing the first page of the title. So, I would suggest that to you. The state statute does not require that it be in the title, just simply that you can suspend the rule, at least as I read it. De Weerd: (inaudible). Nary: Madam President. De Weerd: Yes, Mr. Nary. Nary: Since I’m the one that brought it up, and I think that’s a great suggestion that Mr. Nichols has because what I was going to ask is, the state statute does require that the Council approve the summary and the summary does not include it in the prior Meridian City Council Regular Meeting January 22, 2002 Page 26 of 46 Ordinance. Since we do have to approve it and I don’t know, this is a pretty short Ordinance. I don’t know, you could print the whole thing. It's not that long. But, as long as it's reflected so that --. My only concern is that a member of the public were to read that they would know how the process was done, that we followed the state statute. Mr. Nichols is correct, it doesn’t require that it be in the title of the Ordinance. My only intent was to make sure that people noticed that we did do it that way. We are required to pass the summary anyway. That is required by state statute. If we’re going to do a summary for this one or any other Ordinance, we have to have the summary before us as well with the ordinance. So, that’s fine as long as it's going to be in the summary. That’s fine with me. Nichols: Madam President. De Weerd: Mr. Nichols. Nichols: Madam President, Councilman Nary. If we were to include in the Ordinance form itself, a place where the clerk could note whether there was a suspension of the requirement of the three readings, then it could appear in the Ordinance, summary if need be could also reflect that and that way we can have it ahead of time so we don’t have to do something post-fact. That’s all. I’m just trying to make sure that we only do it once. If that would satisfy the Council, then we could change the Ordinance form to so reflect on the Ordinance itself and then the clerk can note that when it's adopted. Nary: I have no problem with that. That sounds like a great way to do it. De Weerd: Okay. Any further discussion? Bird: Mr. Nary, make the motion. Nary: I did miss, is the Ordinance number not 847 for this Ordinance? (inaudible discussion amongst Council) Nary: 937? De Weerd: It’s 02-937. Bird: I’ll take your lead. Nary: I think if I’ve got everything Mr. Nichols said. What I would do then, Council is move that we adopt Ordinance No. 02-937 for the City of Meridian amending Ordinance No. 847 to amend section two of chapter five in title one the Meridian City Code for the City of Meridian providing for the designation of the Valley Times as the official newspaper of the City of Meridian, providing an effective date and noting in the summary to be published with the Ordinance that the majority of the Council by vote Meridian City Council Regular Meeting January 22, 2002 Page 27 of 46 has approved a suspension of the rules to pass this at this meeting reflecting all the rest of the Ordinance as presented to us. Bird: Second. De Weerd: I think our motion is longer than the Ordinance but I hope you don’t think I’m going to repeat that one. The motion is to approve Ordinance No. 02-937 designating the Valley Times as the official newspaper of the City of Meridian and providing an effective date. All those in favor say aye. Nary: Don’t we need a roll call vote for that? De Weerd: I’m sorry. Roll call. I’m just way ahead of myself on this. Roll-call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: I would like Mr. Nary to repeat it though. Nary: Just have to play back the tape. Item 7. Ordinance No. : Cross-Deputization of Prosecutors with Boise City: Item 8. Public Hearing: Public Work’s Fees and Adjustments: De Weerd: Okay, item No. 7 was pulled so we move onto item No. 8 which is a Public Hearing on the Public Works fees and adjustments. So, I’ll open the Public Hearing and ask staff for any comments. Watson: Thank you Madam President and Council Members. Gary is going to hand out a rather thick packet of materials to you on this subject. De Weerd: Thanks Gary. Watson: Before I go over some of this, just so you know, all of these will be up on the screen if there’s one that we need to look at a little closer. If you have any specific questions we can go back to those. The development and implementation of Public Works review and inspection fees has been going off and on for about the last 12 months. We’ve finally gotten these together and just wanted to kind of go over the basics of how these were calculated and what they’re going to do for us. The proposed fees are based on two different ideas, I guess you would say. The first one is they’re based on time estimated to complete a task. I conducted interviews with all the staff members to conservatively estimate median number of hours spent on each task. Before I go any farther, if you have any questions please stop me. If I’m going into too Meridian City Council Regular Meeting January 22, 2002 Page 28 of 46 much detail please stop me. I just want to be thorough and make sure that I head you off, you know I’ve done my homework. De Weerd: Okay Brad, thank you. Watson: These number of hours were based on typical subdivision commercial projects. Inspection fees were calculated a little differently. They were based on funding a majority of our inspection costs through fees. We took the total annual costs and roughly divided those by the quantity of inspections for water, sewer, and drainage they do. One new concept that none of the other cities have is a re-review fee on commercial projects. We proposed a 50 percent of the initial review fee on re-submittals for commercial projects. This is intended to stem the chronic problem of certain commercial projects and their consultants not addressing our redline comments, ignoring them or ignoring our checklists. The second way the proposed fees were determined, were based on some time records that our engineering techs kept last spring. For a couple months they kept records of how much time they spent on certain subdivisions, how many lots it had, how many feet of water or sewer. I took the hours that they estimated based on their interviews and compared them to the time records and came up with what I thought was a reasonable amount. Those are listed in the first spreadsheet that’s showing on the screen. De Weerd: Brad is this more to reward the developers to submit things in a timely manner and do pay attention to your red-lines? Watson: Madam President, that’s a very good way of looking at it, is a reward. De Weerd: Okay. Thank you. Watson: The first two sheets that you have are actually copies of the legal notice that went into the paper. The third sheet is what is shown up on the screen that shows our basis of calculation. We assigned a personnel type to each one of those tasks. I already talked about how the hours were arrived at. We have a billing rate. I went back through and looked at wages, benefits, overheads, support staff and incorporated those all into the billing rate. Nobody in our department makes anywhere near those amounts. Just so no one is confused about that. The next thing that we did is go through some examples for both subdivision development and commercial projects. For the subdivisions we picked six different examples and just ran the figures through on those. Some of those included lift stations. Some didn’t. Some included Homeowners Association pressurized irrigation systems and some didn’t. The average total fee per lot was about $184.00 ranging from 106 to 248. Review fees averaged about $41.00 per lot with a range of 25 to 77. Inspection fees were 140 on the average per lot ranging from 79 to 175. Those ranges are pretty wide because of the wide range of the facilities that are within each of those subdivisions. You’ll note that the third subdivision over in that listing is rather high. It had lift stations. It had a huge quantity of water and sewer in it. We also looked at six commercial projects to see what impact these fees might have. Again we selected a range of projects ranging from the very small, a developed lot that Meridian City Council Regular Meeting January 22, 2002 Page 29 of 46 already had water and sewer services stubbed to it, all the way up to something like an elementary school that had to construct it's own public water and sewer. The review and inspection fees totaled anywhere from about $500.00 all the way up to almost $7,000.00 on a large apartment complex. You will note in those examples that I included historical data on the re-reviews and figured those in. you can see that sort of in the middle of this red sheet. The actual fees wouldn’t have been nearly as high on those two large projects except for the high number of re-reviews. Nary: Madam President. De Weerd: Mr. Nary. Nary: Brad, I noticed this less than ringing endorsement from the Building Contractor’s Association at the back. Is that the general gist of the comments you’ve seen from the development community is this doesn’t seem out of line? Watson: Councilman Nary, Madam President, and Council members. I was going to kind of speak to that towards the end and address what their comments were. Nary: Sorry to (inaudible). Watson: No that’s okay. De Weerd: I won't make an attorney’s (inaudible). Watson: After we did the examples, we proceeded to project based on fiscal year 01 what our revenue might be. The next couple pages show revenue projections from both subdivision development and commercial applications. The subdivision projection is much firmer, so to speak, than the commercial. It's very easy to get at those quantities. The commercial applications are a little more difficult without going through each individual one to determine whether there was public water or sewer on them and digging up the area of their drainage review. A little bit more of estimation on my part. The total revenue projected to Public Works on all of these is --. Let me find it again. Well, it's in the neighborhood of 260,000. The third page there that has a couple little pie charts on the bottom. Those show approximately how much of the total Public Works budget that is devoted to development would be funded by these fees. I did take out support staff or personnel that aren’t involved in the development process subtracted that out of our total budget. As you can see these fees are projected to provide about 38 percent of out total revenue. One thing to note is the water department inspectors are included in that budget amount. As I stated earlier, inspection fees would provide around 80 percent of the total inspection budget. The review related fees are substantially lower and are projected to only provide about 20 percent of the revenue required to run the development part of the department. I believe the next page you have is just some statistics if you’re interested. The next sheet in your packet and on the screen attempts to compare these fees with others for Nampa and Boise City and as Shari stated when she presented her fees, this is a little bit of an apples and oranges Meridian City Council Regular Meeting January 22, 2002 Page 30 of 46 scenario. I purposely didn’t even look at these until I was done with mine because I wanted to see --. I didn’t want to be influenced by what they were charging. But that is there for your comparison. The one thing that I didn’t note right up front is that these are all new fees except for sewer system inspection. It was by Ordinance $2.31 per lineal foot, although that was not implemented. So this is quite a reduction from that. It’s substantially lower than Boise City’s. It seems to be in the ballpark of what Nampa’s is although they have a sliding scale. De Weerd: Brad, on the sewer system inspection fees, you said it was over $2.00 a lineal foot and now it's at $1.00? Watson: Madam President. That is correct. It was 231. Boise City’s used to be 231. I think that’s why that figure was picked years ago. Boise City has since dropped theirs. Again, I didn’t look at theirs when I was developing this. I tried to equate total inspection budget with needed revenue, then backed it off to about 80 percent. It just so happened to come out pretty close to $1.00. $1.00 seemed like a good even number for right now, rather than 103 or 98 cents. So that’s what it is. That’s what I propose. I’ll move on to the next part. I think included in your packet are just two sample invoices we’ve worked with our new department specialist. She created these invoices so that everyone knows right up front how to calculate these. She could do it. The planner (inaudible) can do it. That sort of (inaudible) into the discussion on the building contractor’s association, the presentation and letter of today. The one comment that they were adamant about was that these fees would not be payable until plat signature. That’s what drove the creation of this form so that we weren’t collecting money up front that we would just collect it at the end. That’s on the subdivisions, not on the building permit side, obviously it would be calculated during the review and paid with the building permit. That seemed to be their primary concern when I presented it to them in December. There was quite a group there, very familiar faces to all of you. I could list them by name probably but there were developers, planners, engineers. There was a couple there that I assume are house builders but I didn’t recognize them. I think there was a group of about 20 and I didn’t recognize three of them just from them being here. They seemed to agree at the time that fees were necessary. Part of my argument during that presentation was that the existing water end user ratepayers are subsidizing development by paying our salaries, paying our operating budget. I told them that I didn’t want development to pay all of it. They argued that new development benefited existed ratepayers, which I guess is a philosophical discussion for you. My initial aim was to get between 30 and 40 percent funding out of these fees. We’ve done that. I’ve hit 38 but I did tell them that these would be reviewed annually as we have better data, statistics on how long things took. They seemed okay with that. The letter that I got today and I assume it was CCed to you even without having it in that packet. Maybe not, was that they hoped this increase in fees will result in a subsequent in output on behalf of the Public Works department. I just wrote a few words here. This is my first reaction to that. Output has been increased dramatically over the last 12 months by one hiring additional inspectors, two hiring additional engineering technician, which is the plan reviewer. We streamlined the process by postponing as many requirements as possible to plat signature stage through the process improvement group. This allows their construction to take place Meridian City Council Regular Meeting January 22, 2002 Page 31 of 46 much earlier than it did prior to a year ago. There’s currently no plan review backlog and plans are returned to consultants within two to three days depending on project complexity a vast majority of the time. So, to me, we have improved and now the bill is due, is kind of how I’m looking at it. We have geared up to meet the increase of the development demand. So, I guess that’s my response to this letter, Councilman Nary. That’s all I have. I would be happy to answer any questions. De Weerd: Brad, I think you’ve put together a very comprehensive packet to support the information and the fees that you’re proposing. I sure appreciate all the detail that you’ve included in this and all the work I’m sure that was behind it. This is very impressive. Watson: Thank you. De Weerd: Council, any questions? Bird: (inaudible). Nary: Madam President. I guess I would just make one comment. I guess I perceive the comment in here from the BCA and from Mr. Clow is, I don’t know. I guess I just thought it was sort of a generic sort of comment. I wasn’t thinking --. I think it's certainly easy to tell in a review process exactly what you just said Brad. You can show timelines and how processes have improved in timing and when projects come in and when projects go out and things like that. I mean, I think in the future if that’s somebody’s concern that’s pretty easy thing to show because I think you have provided a tremendous amount of detail. I think it's very helpful to us and it appears to be reasonable in light of the neighboring communities and what they would charge. I think it's reasonable and (inaudible) and I think you’ve hit the target exactly the way it should be done. Evaluating what we’re doing and trying to meet that need and evaluating all those costs. We’re not getting --. The City is not getting rich off of this. This is really just meeting the needs that we’re providing. I think it's very good. I wasn’t too concerned about his letter. I think it's something that we see a lot of. It's just a generic sort of frustration; everybody wants it yesterday kind of comment. Watson: Thank you Councilman Nary. I just couldn’t let it go without a rebuttal. Nary: That’s okay. De Weerd: Thank you. This is a Public Hearing and certainly our Public Works knows how to clear a room. Is there any member of the public who would like to comment? Since we know both – *** End of Side Two *** Bird: Madam President. Meridian City Council Regular Meeting January 22, 2002 Page 32 of 46 De Weerd: Mr. Bird. Bird: I would move that we close the Public Hearing. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor? MOTION CARRIED: ALL AYES De Weerd: Okay, any discussion? Bird: I have none. De Weerd: Do we have a motion? Bird: Cherie. Nary: It's your turn. Bird: It's Cherie’s turn because she’s Public Works. McCandless: (inaudible). Nichols: Madam President. De Weerd: Mr. Nichols. Nichols: Madam President. A couple of items if I may. One is we usually like to have these presented in the form or attached to a resolution by the Council adopting fees. That’s one of the things that we do resolutions on, adopting fees. Secondly you need to discuss what is the effective date for these fees. McCandless: Yes. Bird: Madam President. De Weerd: Mr. Bird. Bird: A question for Mr. Watson. Then I’ll make a motion on a resolution. What would you like the effective dates to be Brad? Councilman Bird, Madam President, Council Members. March 1st to April 1st . I know it depends a little bit on Bill’s schedule and the whole drafting of the ordinance and all that but whatever is possible and as soon as possible. The one thing to point out, if it could only be effected to applications that came Meridian City Council Regular Meeting January 22, 2002 Page 33 of 46 in for Preliminary Plat, CUP, Annexation after that date. I don’t want to tag anybody that’s got a Preliminary in now. Bird: Anything that’s in the works now Brad will not be effected. Whatever effective day it will be brand new projects from then on. Is that right? Watson: That’s my recommendation, yes. Bird: That’s what mine would be. (inaudible). Nary: Madam President. De Weerd: Mr. Nary. Nary: Is it, I don’t know Mr. Nichols schedule. Is a couple weeks, our first meeting in February. Is that adequate to have a resolution? We could make the effective date March 1st ? Nichols: Councilman Nary, Members of the Council. We can have it for your first meeting in February with an effective date of March 1st . Nary: Great. Bird: Madam President. De Weerd: Mr. Bird. Bird: I would move that we instruct the attorney to draw up a resolution regarding the Public Works fees and adjustments with the effective date of March 1,2002. Nary: Second. De Weerd: Okay. It's been moved and seconded. Any discussion? Okay, Mr. Clerk. Roll-call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 10. Discussion of City Seal / Logo: De Weerd: We’ve already heard item No. 9. In front of you for item No. 10, discussion of the City Seal. At our workshop it was discussed. Several options were discussed. This is what I got back right before the meeting. So, this is kind of my first viewing on it too. Well, first if people have any observations or is this kind of what you had in mind? Is there any comment? Meridian City Council Regular Meeting January 22, 2002 Page 34 of 46 Bird: Madam President. De Weerd: Mr. Bird. Bird: I think this has incorporated everything we asked you to get back in it. You know, we’ve got the water tower. We’ve got since 1893. You’ve got the tower, got the little deal there. I really worry how busy this is going – how this is going to work on the sides of --. You know on the vehicles and on our letterheads and stuff, if it's going to be too busy. I think this first page, or my first page, this one here with the plainer house probably --. Though I like this better, I’m not too sure that isn't going too busy. You went back and incorporated everything we asked you to. So, I don’t think we have any complaints. De Weerd: Any other comments? Nary: Madam President. De Weerd: Mr. Nary. Nary: If I recall, the second page, the one that’s more detailed, the intent was that would be like a letterhead type of logo. De Weerd: Yes. Nary: The more lined type of drawing on the first page was intended for trucks and cars and those types of things. Is that the intent? De Weerd: Shirts and pens --. Nary: Shirts and pens --. De Weerd: You know anything other than official City letterhead. Nary: What I’m wondering – and not to throw a monkey wrench into this because I note, I guess there was some discussion. I wasn’t on the Council at that time but in the individual departments is there an opportunity for the individual department with this, with the simpler drawing, the one that might be on a truck or a police car or something like that to incorporate something relative to the department? De Weerd: (inaudible) Nary: I don’t know if that’s ever been discussed so I was just curious. De Weerd: Mr. Nary it has. In the early on discussions they did offer, they moved the Idaho right by the n and inserted the department name right under Meridian. Nary: Is that something still contemplated? Meridian City Council Regular Meeting January 22, 2002 Page 35 of 46 De Weerd: Yes. Nary: Or would this be it? De Weerd: This is something that the departments can incorporate their department names into in assuming the City Seal or Logo. Nary: So basically what we’re --. If we’re going to decide tonight, and I agree with Mr. Bird. I think this is exactly what we had talked about last time. We’d be picking basically one on the first page and one on the second page. Basically the location of that since 1893 is really the only difference between the three? De Weerd: That’s correct. Nary: I think it looks good. I think it incorporates the things we’ve talked about in the past. De Weerd: It’s your preference, you know. I’m kind of thinking that that middle one seems to flow the best of them because of the base of the water tower. By putting the wording next to it to the right, it does tie it in a little bit better than just having that base just stick out there. Nary: Yes, I would concur. I think that one where it's inside the water tower almost obscures the fact that that’s what it is. De Weerd: Right. McCandless: Yes. Bird: I agree with you. Nary: And the one on the bottom, it doesn’t make it seem like, if you didn’t know what it was, you’d have really no idea it's related to the design. So, the middle one does seem the best to me. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: By the same token the one on the second page, the middle one that is going to be used on the stationery would be my choice for the stationery for the same reasons. De Weerd: Thank you. Meridian City Council Regular Meeting January 22, 2002 Page 36 of 46 Bird: Madam President. De Weerd: Mr. Bird. Bird: I think that we’re looking at two of them and I think the middle one would be my choice on both pages. (inaudible) De Weerd: Yes. McCandless: Yes. Bird: I like it. De Weerd: Do you think we might get a City Seal tonight? Bird: Get a what? De Weerd: Is there any opportunity or anyone willing to make a motion? Or are we not at that stage? I see there’s a comment. Mr. Thomason, do you want to come forward? Thomason: Frank Thomason of the Valley Times. Is this what you’re looking at? Bird: Yes. De Weerd: Yes. Thomason: I would just ask if you might want to consider changing the year to 1903 since that’s the actual municipal centennial, 1893 (inaudible). Bird: Yes, 1903 is the actual – Thomason: -- Masonic lodge in the community as a whole. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: Frank, you’ve got the second page of the first page, it looks like. Thomason: Oh, I got this at the workshop. This may not even be what you’re looking at tonight. I was just (inaudible). De Weerd: Oh, here. (inaudible discussion amongst Council) Meridian City Council Regular Meeting January 22, 2002 Page 37 of 46 Bird: The first page is (inaudible). Thomason: You’re right I was looking at the --. But, in any event the (inaudible). (inaudible discussion amongst Council) Thomason: Never mind it's already been done. Corrected by notation on the copy that (inaudible). Bird: I just did that. I agree with Frank. I knew that 1903 was our centennial, actual centennial. Thomason: Right, like the municipal versus the entire community. Bird: Yes. Thomason: Thank you. De Weerd: Council, Councilman Bird did raise an item we might want to delay and put this on our agenda for February 5th so the Mayor will have a chance to look at this and have an opportunity to comment. I will kind of pass the original down. It does have the color that was talked about way back when with the slate blue and the gray so you have a chance to --. (inaudible discussion amongst Council) Bird: Madam President. De Weerd: Mr. Bird. Bird: I would move that we table the discussion on the City Seal and logo until February 5,2002. De Weerd: Do we have a second? McCandless: Second. De Weerd: Okay, there’s been a motion and a second to move discussion of the City Seal, or action on the City Seal Logo to February 5, 2002. Any further discussion? Smith: Madam President. De Weerd: Mr. Smith. Smith: May I make a comment on the Seal? Meridian City Council Regular Meeting January 22, 2002 Page 38 of 46 De Weerd: Yes, please. Smith: I was wondering if the water tower, it's a little non-descript as compared to the detail on the other items that are shown there. I was wondering if it could be moved up a little bit into the oval and perhaps the, since 1903 be shown to the left of the water tower and maybe below Idaho? Would that be --? If my description is --. De Weerd: You want to move since 1903, up into the oval? Smith: Yes, just below Idaho, below the word Idaho. Bird: What are you doing with the water tower Gary? Smith: Moved it up too. Bird: Inside the --? Smith: Into the oval. Bird: Into the oval? De Weerd: That’s what it was at our workshop – Smith: Oh, was it? Okay. (inaudible discussion amongst Council) Bird: Madam President. Smith: I think that’s where I got the idea. Bird: Madam President. De Weerd: Mr. Bird. Bird: I think the reason we didn’t want to move that up in there Gary was so that if somebody wanted to put like the police department or the fire department within that, they had a little more room to, or Public Works department or how ever you want to --. If we move that water tower up in there, then we’re taking some of that area out of that inside that we wanted to put each department on their trucks or vehicles or whatever. That was the reasoning behind my thinking. Smith: Okay, thank you. De Weerd: Thank you for your suggestion though, Gary. Okay. There’s been call for the question. All those in favor of putting this on the February 5th agenda please say aye. Meridian City Council Regular Meeting January 22, 2002 Page 39 of 46 MOTION CARRIED: ALL AYES De Weerd: Thank you Mr. Clerk. Yes sir, are we having a Council meeting on the other side of the podium here? (inaudible discussion amongst Council) De Weerd: Do you guys need a break or can we move onto No. 11? Hello? Bird: Lets keep going. De Weerd: Would you like a break? Nary: Your preference. McCandless: No. Item 11. Discussion of Cell Tower Draft Ordinance: De Weerd: We’ll move onto item No. 11, discussion of cell tower draft ordinance. Shari, I sure appreciate your staff’s quick action on bringing this to our agenda. Stiles: Well, Madam President, Council Members. I didn’t see this before it was sent to you, this particular version. I can't see that it's complete. I don’t know if there’s pages missing. We had stuff in it before in regard to a fall zone. There’s absolutely nothing in here that talks about a setback of any kind. The only thing I can see that’s even remotely related to a setback would be on the third page under B-1-C that says no part of any antennae, disc, radio, or other such item attached to a communications tower shall be permitted to overhang the right-of-way or property line. So, that could mean that, you know the mono-pole is three feet from the --. I apologize. I guess you could look at this and just make any comments that you might make. I’ve made some on the first page under B-1 that we also need to include visitors and we’re trying to facilitate telecommunications for them as well because we have a lot of people come in and visit, that they certainly use those facilities a lot. More definitions are needed. Stealth tower is not defined. De Weerd: Shari would it be helpful if we delay this to the fourth Tuesday of February? Stiles: Yes, unfortunately. I’m sorry. De Weerd: I do know that the Treasure Valley Partnership is also looking at this in a regional perspective. I believe that Boise’s also developing a cell tower Ordinance. There might be other avenues. I know the Treasure Valley Partnership is kind of doing a collaborative type of thing. You might want to talk to the Mayor on what information that he might have from the other municipalities. Meridian City Council Regular Meeting January 22, 2002 Page 40 of 46 Stiles: Or, I could talk to Elizabeth Connor on --. I know that David did look at several sources. He looked at the City of Eagle, AIC had some proposed telecommunications, or they have some model ordinances that they make. He looked at the other cities. I think he used Boise too. I thought Boise was pretty restrictive on their cell towers. The first draft that we ever came up with, if you remember was 20 pages or something. It was very long. That was kind of when Eagle was doing their cell tower ordinance which is probably 50 pages long. They had a fall zone of twice the height of the tower. It could have made it impossible for anybody to even build one. Again, I apologize and I’ll have one to you well in advance of the fourth meeting in February. De Weerd: Council, any comments? Bird: Madam President. De Weerd: Mr. Bird. Bird: Shari, when we’ve discussed this and stuff, reading through this --. I haven't read word for word but just skimming it. I don’t think that we are restrictive enough in here. Stiles: I know. (inaudible) Bird: This one is nothing. I’ll take your eight page one any day to be truthful with you. I think we’ve got to be very restrictive on this kind of usage. Can you believe that, hearing it from me? But I do believe that this something that we need to be very restrictive on. De Weerd: Well, in particular I think in residential areas or commercial areas that are surrounded by residential. I guess it's not as necessary in an industrial zone that you know, unless it borders on a residential area. I would agree with Council Member Bird. Nary: Madam President. De Weerd: Mr. Nary. Nary: The other thing too, Shari, working through it, I guess what would be helpful to me is at least a reference in the ordinance that there is a federal act that is controlling to a degree for certain types and this is obviously to deal with everything to the outside of that. So, a reference to the federal act so someone reading it is clear we’re not trying to interfere with that or overstep that. Stiles: You mean --? I’m sorry. Nary: I mean, just a reference whether it's in the beginning part of the ordinance or something saying it's not meant to interfere with the requirements in the federal telecommunications act but it's basically dealing with everything that’s allowed under ordinance to deal with. Then there’s no question we’re not in conflict with the federal Meridian City Council Regular Meeting January 22, 2002 Page 41 of 46 statute and also maybe when we do get to discussing it, it might be helpful to have a very short memo just summarizing whether it's the comparison we use for surrounding communities and that we’re not in conflict with you know some of these other communities and that kind of information would be helpful. Stiles: Okay. De Weerd: Okay, any other comments? Bird: I have none. Do you want a motion to approve it? De Weerd: Yes. Bird: Madam President. De Weerd: Mr. Bird. Bird: I would move that we table the discussion of the cell tower draft ordinance to February 26, 2002. De Weerd: Okay, is there a second? Nary: Second. De Weerd: Okay. It's been moved to table discussion of the Cell Tower Draft Ordinance to February 26, 2002. Any discussion? Nary: I just had a question Madam President. De Weerd: Okay. Nary: Is this the type of ordinance that would normally be reviewed by the Planning and Zoning Commission first? If it is, are we reviewing before them? Wouldn’t they review this ordinance before we did? (inaudible discussion amongst Council) Stiles: Madam President, Councilman Nary. This was done at the direction of City Council. They wanted to discuss this in a workshop. So, they just kind of wanted, --. Since they initiated the process they kind of wanted to see where we were coming from first to make sure that it was what they intended prior to submitting to P&Z. Nary: Okay, so what the intent is, is we’ll discuss it and then send it back to the Planning and Zoning Commission for Public Hearing and their discussion and their --? Meridian City Council Regular Meeting January 22, 2002 Page 42 of 46 Stiles: Yes. Since it is a Council directed change. Nary: Okay. That’s fine. I know they’ll have to see it. So, I didn’t we were going to spend our time discussing something and send it back. De Weerd: Mr. Nary, I think traditionally we’ve kind of maintained that we could look at perimeters and kind of make sure that it's kind of in line with what the thoughts were of staff and Council before it went to the process. Nary: Sure. That’s fine. De Weerd: We have a motion in front of us to table this to February 26th . All those in favor say aye. MOTION CARRIED: ALL AYES Item 12. Water, Sewer and Trash Delinquencies: De Weerd: Okay, item No. 12. Okay. (inaudible discussion amongst Council) De Weerd: Okay. This is to inform you in writing if you so choose that you have the right to a predetermination hearing at 6:30 P.M. Tuesday January 22,2002 before the Mayor and City Council to appear in person and be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. The service will be discontinued on January 23rd and, half on January 23rd and half on January 29th unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? Is that why you’re here Mr. Borup? I think they divide it be residential and commercial. McCandless: Madam President. De Weerd: Mr. Clerk. Berg: Yes, thank you Madam President. You said the 29th and it's actually the 30th . The two Wednesdays, the 23rd and the 29th would be (inaudible). Bird: Yes, the 30th . De Weerd: Okay, sorry I got the dates from Mr. Bird. I guess I should always verify my facts. Bird: I thought somebody said the 29th . I thought you said the 29th Will. Meridian City Council Regular Meeting January 22, 2002 Page 43 of 46 De Weerd: Yes, he got that from you. Okay. They are hereby informed that they may appeal or have the discussion of the City reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they may appeal their water may be shut off. The amount of the turn off list is $39, 040.54. I would entertain a motion. Bird: Madam President. De Weerd: Mr. Bird. Bird: I would move that we approve the delinquency turn off list and that if not paid the services will be discontinued on January 23, 2002 and January 30, 2002, for the sum of 39,040.54. De Weerd: Okay, do I have a second? McCandless: Second. De Weerd: It’s been moved to approve the delinquency for turn offs scheduled for January 23, 2002 and January 30, 2002. Is there any further discussion? Nary: Madam President. De Weerd: Mr. Nary. Nary: I just had a question. Since I haven't received a copy of the City Code yet, is there a specific City Code Mr. Nichols that requires us to do this? It can't be delegated to the Public Works Director or somebody? Nichols: Mr. Nary --. Councilman Nary, Members of the Council. It is in the Meridian City Code that there is a proposed (inaudible) ability to contest your water bill before the whole Council if I recall correctly. Bird: Yes there is. Nary: I haven't got a code so I don’t know. That’s why I’m asking. Bird: You haven't got your book? Nary: No. Just the Planning and Zoning Code, not the whole City Code. Bird: I’ve got a whole codebook. (inaudible discussion amongst Council) Nary: No, I was just curious. Meridian City Council Regular Meeting January 22, 2002 Page 44 of 46 McCandless: He (inaudible). Nary: I was just curious. So, there's a specific code provision that --? Bird: There is. (inaudible discussion amongst Council) De Weerd: Mr. Clerk, I don’t know if your office is going to be able to get that discussion on the tape. I’m going to see another inaudible and those drive me nuts. McCandless: Yes they do. Bird: Me too. De Weerd: That means someone was mumbling. Okay. Sorry, we’ll get back on track here. There's a motion on the floor. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: I did want to ask if we would have a volunteer. With Council Member Anderson stepping down, we do have a vacancy on the SWAC, which is our Sanitary --. What does that stand for? Solid waste committee. Bird: Solid Waste Advisory Committee. (inaudible discussion amongst Council) De Weerd: I would like a volunteer. Oh, I see Cherie. She raised her hand. Bird: Cherie volunteered. McCandless: I’m the liaison for that (inaudible). De Weerd: I think it's very appropriate since you’re our MUBS liaison that that would be a great committee to learn more about your department. McCandless: I have no idea what you’re talking about. De Weerd: I’m sure you will. Bird: Yes you will. De Weerd: Also, Council Anderson was also our alternate for the COMPASS Board. Would anyone have an interest in being an alternate? Meridian City Council Regular Meeting January 22, 2002 Page 45 of 46 Bird: No. De Weerd: Don’t all jump at once. (inaudible discussion amongst Council) De Weerd: I think that since Council Member Nary is already in that building when they meet --. Nary: I am honestly concerned about potential conflict being involved with the COMPASS Board. De Weerd: I think you’re very wise in (inaudible). Especially at our next meeting next week. I think there might be the first opportunity. Council Member Bird? Bird: I’ve got a life. De Weerd: Any of our staff members, would you have an interest in being an alternate? Gary? Thank you. I didn’t even have to twist your arm on that. Okay, thank you very much. Okay. Council, did you have anything you wanted to discuss? Mr. Bird? Bird: Madam President, I just want for public record, seeing how we’ve got an ordinance that says that our audit will be presented by the --. I think it's the third or fourth Tuesday of the month of January. I want it to be known publicly that it is out. It is done. The reason that you had decided not to bring it onto the Council is because you felt that the Mayor should be here which I wholeheartedly agree with. I do want to let it be known that the audit is out. It has not been accepted by this Council. So, I don’t believe it is out for the public yet until we accept it. That will be taken care of next week. De Weerd: Yes. We’ll be meeting an hour early to have this presented. It shouldn’t take more than a half-hour, which should give some time between that presentation and the Public Hearing on the Comprehensive Plan. Bird: You bet. De Weerd: I was under the impression Council Member Bird that it needed to be presented by the end of January. That’s why we did feel that – Bird: I’d have to look at my deal. De Weerd: -- it was necessary for the Mayor to be present, I think during that presentation. Okay. anything further? Bird: I move we adjourn. De Weerd: Does staff have anything? No? Okay. I’ll entertain your motion Mr. Bird. Meridian City Council Regular Meeting January 22, 2002 Page 46 of 46 Bird: It's there. McCandless: Second. De Weerd: All those in favor of adjourning? MOTION CARRIED: ALL AYES De Weerd: Okay, we adjourn at 8:39. MEETING ADJOURNED AT 8:39 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE APPROVED WILLIAM G. BERG, JR., CITY CLERK