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HomeMy WebLinkAbout2013-09-03E IDIAN -- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 03, 2013 at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg. 2-4) A. Findings of Fact, Conclusions of Law for Approval: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 8~ 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C-N to C-C Zoning District B. Findings of Fact, Conclusions of Law for Approval: CUP 13-006 Fast Eddy's by Steve Eddy Located 710 W. Ustick Road Request: Conditional Use Permit Approval to Extend the Business Hours of Operation in the C-C District When a Property Abuts a Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in Accord With UDC 11-2B- 3A.4 C. Findings of Fact, Conclusions of Law for Approval: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L-O (Limited Office) (1.71 Acres) and R-8 (Medium-Density Residential) (3.63 Acres) Zoning Districts D. Findings of Fact, Conclusions of Law for Approval: PP 13-010 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Meridian City Council Meeting Agenda -Tuesday, September 03, 2013 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts E. Final Order of Approval: FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts F. License Agreement with Nampa & Meridian Irrigation District for Wastewater Treatment Plant Stream Sampling Stations Over Five Mile Creek G. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Site 12A Sewer Replacement Project Construction, for a Not-To-Exceed Amount of $51,830.00 H. Resolution No. Proposed #/ 13-942: A Resolution of the Mayor and City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Temporary Records of the Meridian Water Department; and Providing an Effective Date I. Christmas in Meridian 2013 Sponsorship Agreement Between Borton-Lakey Law and Policy and the City of Meridian for aNot-to-Exceed Amount of $2,000.00 J. Approval of a Sole Source Purchase to Install Lights and Electrical Services for Legal Tenant Improvement to the Existing City Hall Building from Tri-State Electrical, Inc. K. Water Main Easement for Sicily Subdivision L. 2013 Addendum To Lease Agreement Between Lakeview Meridian Investors LLC And The City Of Meridian Moved off of Consent Agenda to Item 6 and Continued to Department Reports on 9/10/13 M. Design Agreement with CSHQA for a Public Safety Training Facility for a Not-to-Exceed Amount of $417,610.00 N. Agreement with Alicia Dyson for Purchase of Meridian Road Overpass Public Art Design for the Not-to-Exceed Amount of $2,500.00 6. Items Moved From Consent Agenda Item 5L Moved here (Pg. 4-5) 7. Action Items Meridian City Council Meeting Agenda -Tuesday, September 03, 2013 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. FP 13-035 Bainbridge Subdivision No. 1 by Brighton Development Located Ease Side of N. Black Cat Road, Approximately 1/4 Mile South of W. Chinden Boulevard Request: Final Plat Consisting of Forty-Two (42) Single- Family Residential Building Lots and Two (2) Common/Other Lots on 13.71 Acres of Land In an R-8 Zoning District Approved with Conditions (Pg. 5- 17) 8. Department Reports A. Economic Development Department: Strategic Plan Update Continued to September 24, 2013 (Pg. 17) B. Solid Waste Advisory Commission: Republic Services Annual Rate Adjustment for Solid Waste Collection Services Approved to Move Forward with Public Hearing (Pg. 17-20) 9. Ordinances A. Ordinance No. 13-1569: An Ordinance Amending Title 1, Chapter 8 regarding specific appointments by the Mayor to include Human Resources Director and Information Services Director and amending the Duties of the City Attorney and the Human Resources Director Approved (Pg. 20-21) B. Second Reading: Ordinance No. 13-1573: Adopting Idaho State Plumbing Code and Local Amendments; Adding Local Amendments to 2009 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile Occupancies (Pg. 21) 10. Future Meeting Topics (Pg. 21-22) 11. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 7:19 p.m. Out of Executive Session at 9:11 p.m. Adjourned at 9:11 p.m. Meridian City Council Meeting Agenda -Tuesday, September 03, 2013 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council September 3, 2013 A meeting of the Meridian City Council was called to order at 6:25 p.m., Tuesday, September 3, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Bruce Chatterton, Kyle Radek, Jaime Leslie, Perry Palmer, Jeff Lavey and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Again I apologize. We will go ahead and launch right into our regular City Council agenda. First I'd like to welcome you and certainly would like to welcome the Boy Scouts in the audience. We are always thrilled to see young faces in our audience. Not to say the rest of you don't have youthful faces. But for the record it is Tuesday, September 3rd. It's 6:25. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by De Weerd: I don't see Mr. Moore in our audience. Rountree: I don't either. Item 4: Adoption of the Agenda De Weerd: Okay. Well, I will apologize and we will go ahead and skip to Item No. 4, which is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council September 3, 2013 Page 2 of 23 Hoaglun: Under 5-H that is Resolution No. 13-942. Under Department Reports, 8-A, staff is requesting this be continued to September 24th. So, we will deal with that when the time comes. With that, Madam Mayor, I move approval -- I move adoption of the agenda. Rountree: Second. De Weerd: Mr. President -- Hoaglun: Yes. De Weerd: -- it has been requested that L be moved down to the regular agenda. Bird: Do that with the consent, though. Hoaglun: I was going to do that at the Consent Agenda. De Weerd: I realize that. We are changing the agenda, so we want to put it in this motion. Nary: Correct. Hoaglun: Okay. Madam Mayor. De Weerd: Yes. Hoaglun: 5-L, the 2013 addendum to lease agreement between Lakeview Meridian Investors, LLC, and the City of Meridian, has been requested by Councilman Zaremba to move that to Item 6. So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law for Approval: RZ 13-006 Fast Eddy's by Steve Eddy Located at 710, 730, 750, 770 & 790 W. Ustick Road Request: Rezone of a 5.52 Acres of Land from C-N to C-C Zoning District B. Findings of Fact, Conclusions of Law for Approval: CUP 13-006 Fast Eddy's by Steve Eddy Located 710 W. Ustick Road Request: Conditional Use Meridian City Council September 3, 2013 Page 3 of 23 Permit Approval to Extend the Business Hours of Operation in the C-C District When a Property Abuts a Residential Use or District From 11:00 P.M. to 12:00 A.M. on Fridays and Saturdays in Accord With UDC 11-2B- 3A.4 C. Findings of Fact, Conclusions of Law for Approval: AZ 13-006 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Annexation of 5.34 Acres from RUT in Ada County to the L-O (Limited Office) (1.71 Acres) and R-8 (Medium-Density Residential) (3.63 Acres) Zoning Districts D. Findings of Fact, Conclusions of Law for Approval: PP 13-010 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Preliminary Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts E. Final Order of Approval: FP 13-036 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Four (4) Single Family Lots and Three (3) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts F. License Agreement with Nampa & Meridian Irrigation District for Wastewater Treatment Plant Stream Sampling Stations Over Five Mile Creek G. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for Site 12A Sewer Replacement Project Construction, for aNot-To-Exceed Amount of $51,830.00 H. Resolution No. : A Resolution of the Mayor and City Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Temporary Records of the Meridian Water Department; and Providing an Effective Date Christmas in Meridian 2013 Sponsorship Agreement Between Borton-Lakey Law and Policy and the City of Meridian for a Not-to-Exceed Amount of $2,000.00 Meridian City Council September 3, 2013 Page 4 of 23 J. Approval of a Sole Source Purchase to Install Lights and Electrical Services for Legal Tenant Improvement to the Existing City Hall Building from Tri-State Electrical, Inc. K. Water Main Easement for Sicily Subdivision M. Design Agreement with CSHQA for a Public Safety Training Facility for aNot-to-Exceed Amount of $417,610.00 N. Agreement with Alicia Dyson for Purchase of Meridian Road Overpass Public Art Design for the Not-to-Exceed Amount of $2,500.00 De Weerd: Item 5 is our Consent Agenda. Hoaglun: On the Consent Agenda, Madam Mayor., 5-H is Resolution No. 13-942. And 5-L is moved to Item 6. So, that will not be part of the Consent Agenda. With that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda L. 2013 Addendum To Lease Agreement Between Lakeview Meridian Investors LLC And The City Of Meridian De Weerd: Item 6-L is regarding our lease agreement between Lakeview and the City of Meridian and I turn this over to Mr. Zaremba for his questions. Zaremba: Thank you. Madam Mayor, there were a couple of items that I wanted to discuss on this. I mentioned them offline to our attorney Mr. Nary and he pointed out that the golf course people are coming next week to actually make a presentation to us. So, I would even ask that this be moved to next week, as opposed to discuss now and become part of that discussion next week. Meridian City Council September 3, 2013 Page 5 of 23 De Weerd: Okay. That certainly can be discussed or -- and you can just make a motion, Mr. Zaremba, if you'd like to. I don't think there is any time sensitivity to this agreement, so if you'd like to make a motion. Zaremba: Madam Mayor, if that's acceptable I would be happy to. I move that what was Item 5-L, the 2013 addendum to lease agreement between Lakeview Meridian Investors, LLC, and the City of Meridian be continued until our regularly scheduled meeting next week, which would be September 11th. Bird: 10th. Zaremba: September 10th. I'm sorry. Bird: Second. De Weerd: I have a motion and a second to continue this item to next week's meeting. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I apologize, I didn't want to interrupt. I just wanted to clarify. We would put this on as a Department Report. I told Council Member Zaremba two things and so I just wanted to make sure it's clear. We would put it on as a Department Report and my staff would probably be the ones reporting on it and we would invite Mr. Oaas to attend. They annually come in October as well to request their annual report and, then, potential forgiveness of that. The reason that the -- the forgiveness of partial of the cost of the lease payment annually is in this document is this is related to last year's request. So, they could come next week. I just don't want to make -- I don't know what their schedule is. We will have a report about what this agreement and what the terms and conditions are in here that have been concerning, but they will all -- they are also going to come in October as well to talk about some of the ongoing maintenance and repairs and upkeep and things of the course as well. I just don't know for sure if they will be here next week. So, I just wanted to make sure that was clear. De Weerd: So, this would be a staff level report? Zaremba: Works forme. That's fine. Thank you. De Weerd: Okay. Perfect. We do have a motion on the table to approve the continuation of this item to next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Action Items Meridian City Council September 3, 2073 Page 6 of 23 A. FP 13-035 Bainbridge Subdivision No. 1 by Brighton Development Located Ease Side of N. Black Cat Road, Approximately 1/4 Mile South of W. Chinden Boulevard Request: Final Plat Consisting of Forty-Two (42) Single- Family Residential Building Lots and Two (2) Common/Other Lots on 13.71 Acres of Land In an R-8 Zoning District De Weerd: Okay. Under 7, Action Items, 7-A is FP 13-035. I will ask for staff comments. Chatterton: Madam Mayor, Council Members, this site consists of 13.71 acres of land, currently zoned R-8, and is located on the east side of North Black Cat Road, approximately one quarter mile south of Chinden Boulevard. The applicant is requesting approval of a final plat for the first phase of Bainbridge Subdivision, consisting of 42 single family residential building lots and two common lots. Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat. Because the number of buildable lots and common space is the same, staff deems the final plat to be in substantial compliance with the preliminary plat as required. However, there is one outstanding issue. As proposed this phase exceeds the Public Works Department's policy of serving no more than 24 buildings from a single water main source. The applicant's required to install a second water main connection or be restricted to 24 building permits until the second connection is completed. In terms of written testimony, Mike Wardle, in response to the staff report, expressed concern with the 24 lot limitation on building permits until a second connection is completed and I believe the applicant will want to address those concerns. Staff recommends approval with conditions. De Weerd: Okay. Chatterton: Be happy to answer any questions. De Weerd: Thank you. Council, any questions at this point? Bird: I have none. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer Drive in Boise. De Weerd: Thank you. Turnbull: I would like to start by noting our relationship on this specific phase of the project. As you see on your graphic here there is a red line. Everything to the west of that red line is owned by Mr. Dallas Hess. Mr. Hess is a friend of mine and I agreed to Meridian City Council September 3, 2013 Page 7 of 23 develop this property for him on his behalf on a fee basis. He'll likely never talk me into that kind of arrangement again, but Mr. Hess is a friend and so I'm doing this on his behalf. I think that's important to understand, because one of the things that we did as you know from a previous hearing is amalgamate that into the Bainbridge Subdivision, so that it stretches that entire section. I did want to note -- I was real excited tonight. I don't know if my memory is skewed, but I seem to remember we are always last on the agenda and tonight I was excited to be first, but also last, because we are the only thing on the agenda. The thing was bumped on the Consent Agenda item and made us last again. De Weerd: Consider it a gift. Turnbull: We appreciate that. As Mike Wardle responded in writing, we concur with the staff report with one exception and that is Site Specific Condition No. 6, which states: As currently proposed 46 lots, this development exceeds the maximum number of lots, 24, being served from a single water main source and, therefore, the applicant shall be responsible to install the two water main connections to restricted -- or be restricted to only 24 building permits until the second water source is provided. Naturally I was perplexed by this kind of condition, because I had never seen it before and I don't know if its every been applied in the city before, but I would suggest that (believe -- we tried to get a copy today of the city's master water plan, so we could verify some of these things, but they said that we had to submit a public request and go through a process in order to obtain that -- that file and it may have something to do with -- with Homeland Security and maybe we are suspected terrorists. But, anyway, I do believe that there are other projects in the city -- in fact, on this Black Cat line -- if I'm not mistaken, the Oak Creek project that is just about a half a mile to the south has 80 lots developed -- I don't know how many homes are currently on that, but I don't believe that they have been subjected to this same restriction and I believe that they are only serviced by one line. But, nevertheless, I haven't seen this condition before. I don't think anybody else interprets the -- the DEO code in the same way and I will provide some examples. As you know, our Spurwing Greens project just to the north of Chinden is served by United Water by previous arrangement. I don't know how that happened, but that is only one main source that services that property and it has, obviously, dozens -- well over a hundred homes. We have another project on United Water out in east Boise that's the same situation, one line running up Warm Springs Avenue. We currently have well over a hundred homes. And so this is a departure from the norm. I would note that on our Paramount Subdivision that we started in 2005 I don't think we had a second water connection until phase 15. So, the problem is that requiring a second connection would exclude and make impractical the development of a large segment of Meridian city limits and the impact area. It just doesn't happen that way and lately we seem to be faced with more and more of these new policies that crop up that -- that don't seem to be vetted through the development community for what the impact would be on the development community. So, I replied in an a-mail to Bruce Freckleton wanting to know why -- where this limitation come from and I asked the basic question is it because of the capacity or pressure problem and I received a response and I will just quote the response that I got from Bruce. He forwarded Kyle Radek's a-mail. It says: The need Meridian City Council September 3, 2013 Page 8 of 23 for the second connection is based on system redundancy, not available fire flow amount, and is based on -- in quotes -- an Idaho Code section. So, I looked up that Idaho Code section and it reads -- it's Section 501.71. Groundwater source redundancy. New community water systems served by groundwater shall have a minimum of two water sources if they are intended to serve more than 25 connections or equivalent dwelling units. Since I'm not an expert on these things, I called Terry Scanlan at SPS, who is an expert on these things, and I asked him for his interpretation and he said that simply means that if you are creating any kind of a water system, whether it's for, you know, a small private system that would service 25 homes or more or a municipal system that would serve 25 homes or more and if you're based off of a well, you have to have at least two wells and to my knowledge Meridian has well over that number. So, I spoke with Terry, I said is that the interpretation and he said, yes, you have to have more than one ground water source. It does not refer to the number of mainline connections. Now, of course, the ultimate goal is going to be to have a looped system inasmuch as possible and that's the way we have always developed. As development occurs and as this development occurs and as we move toward Ten Mile Road of course we will extend and loop into Ten Mile Road. But to require us to extend a mainline water system all the way from Ten Mile Road almost a mile to Mr. Hess' property is not reasonable. We are still farming that property and this has never been done before. If Mr. Hess didn't have any kind of relationship with me he would be coming to me saying could you, please, do that and I could say yes or I could say no or the city could decide whether they wanted to extend that. Take for instance -- I don't know any of the property owners on the west side of Black Cat Road, but if there is a Farmer Jones over there and that has 20 acres and he wants to do 60 lots, he couldn't do any, because Mr. Hess already got the only 24 permits available. De Weerd: So, Mr. Turnbull, I hate to interrupt you, but perhaps Mr. Nary or Mr. Radek can maybe enlighten us on what -- what is the interpretation. Is this different? Are we doing something different here? And maybe we can put some context to this. Radek: Madam Mayor, I can respond to a few of Mr. Turnbull's comments and give the Council some -- some indication of what our intent was and our interpretation of what he talked about so far. De Weerd: Okay. Radek: And maybe that will help the conversation a little. De Weerd: That would be greatly appreciated. Radek: I did provide him the reference, which is always I think a good idea when you're talking about code, because code has to be interpreted. We do believe that the intent of the code is sources of water. It happens that the -- the very next paragraph of the code talks about redundant fire flow capacity, which really is talking about pumps and it's talking about sources in that -- in that paragraph. So, pumps are one thing, sources are another, and we have 20 pumps, but if everybody has one water main that's serving Meridian City Council September 3, 2013 Page 9 of 23 their house I would argue that maybe that's one source. As an example, this development -- this proposed development, Bainbridge, the water line that is on Black Cat Road goes about 9,000 feet until it gets to another source -- another water source line. So, 9,000 feet of pipe that whoever is living in Bainbridge will be depending on for their domestic water and their fire flow water, which means 450 sticks of pipe and 450 joints. So, really, it's -- to us it's about responsible utility development. At some point you get uncomfortable when too many are depending on one piece of infrastructure and how many -- how many is that? We struggled with that ourselves, but, then, in 2009 this code got put in and you could argue -- you could -- if you just looked at this paragraph by itself I think you could argue either way. But in light of the rest of the code and in light of the issue of redundancy for people, we believe that the -- it's a good intent and it's an intent that we share. If you take 24 houses at the end of that line and put them at 200,000 dollars a house, you got 4.8 million dollars of infrastructure that depends on one 12 inch water main, 9,000 feet of it. So, where is the fire flow when that water main breaks. It's not there. So, in our mind that's just good engineering and we feel like the IDAPA code, although it could be interpreted a couple different ways, supports a number for how many is too many to be on one -- one water main. I would -- I would note that the Spurwing development has a well inside of it, so it likely is fed by one water main coming from the United Water system and the one well that is within Spurwing, which would make two sources. So, I'm not familiar with the other development. Now, as far as us applying this standard to other developments, we have been applying the standard to other developments since we became aware of it in the DEQ rule and since we really started looking at this. Ithink in 2006, 2007 if we would have looked a little closer, even without the DEQ rule, we would have been saying, hey, we got too many people on a single water line here. As it stands, there are about -- I am aware of three developments in the City of Meridian that are served in this -- in this kind of situation where there is over 24 connections and they are on one single feed and that is the one he mentioned, which is Oak Creek Ithink -- is at the intersection of Black Cat and McMillan, which we have conditioned the next phase of that development to complete the water line on McMillan, so there will be two sources and there are two other ones, Kingsbridge Subdivision and a subdivision at Waltman Lane and Linder and both of those we are going to correct that issue with capital projects in the very near future. I think I have addressed all the things that -- that I think are important about the issue. I guess one more thing. It's -- water quality is an issue, too, not fire flow redundancy and emergency water supply. You have a dead end that's that long, it's very hard to consume the water, that's where water gets stagnant, corner residual goes down, and that's where iron and manganese precipitate as well. So, we are concerned about water quality as well. And just a comment, I guess. When development occurs that far away from the rest of your pipes it just makes it difficult. It's -- we don't run into this problem very much, because usually we have development that's kind of attaching to the rest of the system, kind of working from the inside out, and pretty easy to find two or three attachments, but when something is this far out kind of ahead, you run into these difficult situations. Ithink it's a situation that can be remedied by the developer, though, and without question it would be an extra cost, but I would submit that they have got a big development here and over time they are going to recuperate that cost if Meridian City Council September 3, 2013 Page 10 of 23 they would put a water main across it. I guess that's all the comments I have at this point. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Kyle. How old is the water main that's going up Black Cat? Radek: That water main was put in in 2008. Hoaglun: Okay. Thank you. De Weerd: Mr. Turnbull, I hope that answers some of the questions. It sounds like this was an ordinance that was put into effect in 2009, which is after you started Paramount. Turnbull: Madam Mayor, it was -- it wasn't an ordinance, it's DEQ code, but I have read the code. It talks about wells and sources of water. That's what it's talking about. And I would submit to you that everybody else is interpreting it completely in the way I suggested and this is the first -- the only instance where I have heard it interpreted this way. Again, I commend this Council, because you have always been very supportive of business and you have always tried -- you know, your motto is to make Meridian the most business friendly city in the region and anytime something like this has come up you have encouraged the staff to go to the stakeholders to vet the issue before policies were enacted and there has been a couple of instances lately where that's just not happening and so we got caught by -- we get caught by surprise and it's not a comfortable situation to be in. Believe me, I would rather just go Consent Agenda and walk away. But this is a big deal. I can tell you nobody west -- nobody along that line -- if you insert this policy, it's going to essentially terminate development opportunities for a whole bunch of people big and small and it's in my view and, you know, the expert who I contacted that it's just simply an incorrect interpretation. We know that engineers like to quantify everything to the highest level of safety, but if you take the issues that they are talking about, what's -- what's the likelihood of down time in a water line, it's very -- probably fairly small, especially on a new line, but what's the probability of a fire happening at the same time that's down. It's infinitely small. You multiply those two together and you're talking about probabilities that would win you a substantial payout in the lottery. Hoaglun: Madam Mayor, question for -- De Weerd: Mr. Hoaglun. Hoaglun: -- Mr. Turnbull. You're showing on the Hess property as phase one, which is now part of the whole Brighton development portion as we worked that process here awhile back. What is your time line on the -- the Brighton development we will call it, as Meridian City Council September 3, 2013 Page 11 of 23 opposed to the Hess development? What's your time frame of starting that project? Are you -- Turnbull: It will be later this year. Hoaglun: Okay. Turnbull: It will be from the entrance off Chinden across from Spurwing. You know. And if United Water wanted to mingle their water with Meridian city we would have an easy solution, but we don't. De Weerd: You got that right. Mr. Zaremba. Zaremba: This is probably a similar question to Mr. Hoaglun's, but more specific. At sometime you do expect to extend the waterline that would make a loop out of this and that's the phasing that I would be interested in. Do you have a target timing for when that's going to happen under your own plan? Turnbull: Well, if you look on -- have you got the plat up in front? Yeah, you do. So, you can see where the LDS church site is on Ten Mile Road. I believe that's going to construction sometime here in the next few months. I don't know exactly what date, but it's within the next year. Our second phase, which would be the development that will start on our property, will go from the entrance on Chinden and will connect back to Mr. Hess's property, his first phase of development, and so, then, the next -- the third phase would go further to the east and that would probably be the connection that would connect everything together. So, it's a matter of a couple of years. De Weerd: Well -- Zaremba: And a follow up, if I may? De Weerd: Yes. Zaremba: Is Mr. Hess likely to need more than 25 homes before that time frame? Turnbull: I can pretty well assure you that all 42 lots will be sold out pretty immediately Zaremba: Okay. Rountree: Madam Mayor? Turnbull: In today's environment. De Weerd : Mr. Rountree. Meridian City Council September 3, 2013 Page 12 of 23 Rountree: David, I appreciate your analysis and your odds and that sort of thing, but it seems like invariably when we play those odds those things that are never going to happen happen and there has been a number of those cases that we have sat through and it always comes back up here. It never goes out to the development community or the commercial folks or the other residents that might have utilized part of our infrastructure. So, it's -- it's hard for me to -- to make this decision, because I appreciate what you say about trying to accommodate business and the development, but I can see stranding those people and maybe some other folks that we already have on that line relatively easily with the amount of construction and whatnot that's going on in this community and it might be just ashort-term disruption, but it might be a matter of days and that doesn't seem a lot, to 24 or 48 or 50 people, that's a pretty big inconvenience. So, I'm -- I would like to be able to direct staff to sit down with your staff and see if we can't come with some temporary resolve to address this. I can understand why the ordinance is that way and I think it's a public safety issue and that's, essentially, what our charter is, is to assure public safety. I think that's our first and number one priority. But I think we also owe it to the developers, in particularly developers of these kinds of developments to sit down and see if we can't come up with some kind of a temporary solution. I don't know what that is. I would hate to make a decision tonight not knowing that there might something out there. But having said that I'm -- I'm hard pressed to say it's okay to put those people at risk. Turnbull: Madam Mayor, Commissioner Rountree, I appreciate that and, you know, our intent is not to put the city or the City Council in an uncomfortable situation. But the fact of the matter is you are a city and you provide services and you're going to have problems from time to time, just like we are a developer and we do developments and, you know, if we didn't want to handle any complaints we would just never do anything. That's the one way to make sure we never have a complaint. I'm not saying that those are comfortable and we don't want to make them anymore frequent than necessary, but there is a balance to be struck here and you have got to come up with some common sense parameters and you reference that this is an ordinance. The requirements of DEQ do not require to have two mainline connects to any development. They require two sources of ground water and you have that. De Weerd: You know, I referred to it as an ordinance, because it's --the policy changed in 2009. So, that was an assumption on my part. Turnbull: Right. You can call it anything you want. It's -- De Weerd: We can and I think it's -- it's fair to say we are kind of caught sitting up here flat footed, because we -- this is not a situation that we were aware of or a conflict we were aware of and I think that this Council needs a little bit more information to understand what the risks are and, Council, I would suggest if Mr. Turnbull would like further consideration this be continued to a date certain, so we can get more information to better understand what the risks are and as has been suggested -- we just don't know. Meridian City Council September 3, 2013 Page 13 of 23 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just to make a point with David. My point is not about conflict. My point is public safety and lives. If conflict -- if safety and conflict were an issue I wouldn't be here. De Weerd: No. And I get the phone calls. Rountree: It's about those odd instances where we make a decision or an exception and somebody gets injured or God forbid gets killed in a situation like this and I agree with your odds, it's probably infinitesimal, but, unfortunately, it just seems to really happen to us too frequently and not only that, we get drawn in from a liability standpoint on way too many of these things and that's another aspect that the public has to bear. So, again, it's not a conflict issue, I just preface it -- it's a public safety issue, but it's also an issue that we have got to figure out, you know, how do we work through this, how can we work together and make this happen. Turnbull: Madam Mayor, Commissioner Rountree, I appreciate that and I didn't mean to imply that -- I didn't mean to imply that, so I apologize if I did. I will say this: I do know that it's technical in nature and if you don't have the capabilities to grapple with here -- Rountree: You don't want us to design anything either. Turnbull: I thought you liked to design things. But we are also under some weather constraints and we need to move this forward. You know, all I'm suggesting is that we can work this out -- we probably could have worked it out a long time ago if we had any notice that this was the policy. I'm suggesting that the policy is -- is not what it's -- it does not restrict us. We are not going against DEQ policy. Okay? Meridian city may have adopted some informal policy that I'm not aware of and I don't know where it came from. I doubt it's in an ordinance. If it is I wish we would have been apprised of it. That's part of my point of being here tonight, because there are some things that come down the -- that we have never heard of. Madam Mayor, you're familiar with the streetlight issue that we grappled with a few months ago and it seems to be resolved now. I mean it's back to a practice that we can all live with. But when you implement a policy or a practice that hasn't been vetted through the stakeholders that are affected by it, these are the kind of issues we come up with and I don't want to take all your time here. It's -- maybe you could craft a solution where we could go back and look at this. just don't see the sense of taking a 42 lot subdivision and saying, yeah, you can build that, but you can only do 24 permits and, you know, if you can't get the second connection the other 18 lots are going to sit there vacant for -- until you do. That doesn't seem like sound public policy to me either. It's something that I would like to avoid. So, I would appreciate you at least adopting a motion that allows for this to be worked with staff and anyone else that wants to be involved and we need to bring it back at a future Meridian City Council September 3, 2013 Page 14 of 23 time for any other action we can, but we, obviously, need to get going on construction if we are going to beat the winter weather and so we'd appreciate your motion tonight. De Weerd: Council, any questions for Mr. Turnbull? Thank you. Radek: Madam Mayor? De Weerd: Kyle. Radek: Madam Mayor, I do have I guess one final comment, which is that the City of Meridian is not alone in the interpretation of this -- not necessarily this state code -- when we first started looking at this issue we happened to have a consultant that had been looking at the same issue for some jurisdictions in Oregon, which is where they do most of their work, and they sampled about a dozen utilities similar size and found that about half of the utilities did have a policy like this and the numbers of how many connections have ranged from 20 to 200. De Weerd: That made it clear as mud. Thank you, Kyle. Rountree: Got a lot of flexibility. Bird: Yeah. Hoaglun: Madam Mayor, just to kind of continue discussion and see where we go with this, I need to have something in writing before me to -- so, I can digest what's been talked about and what the DEQ requirements are versus what the city policy is, how those are different and, Kyle, you just brought up something that there is a wide range in Oregon, from 20 to 200 -- that's pretty big. So, I'm interested in continuing this to -- I don't know if we can do it next week. I mean, Mr. Turnbull -- you know, time is money in their world and very much so. But it's kind of -- I'm looking -- thinking of a two prong approach. Number one, getting that information to us to discuss at the next Council meeting, but at the same time sitting down with the Brighton folks and seeing is there an alternative solution that works for that development in a time frame that -- you know, we work very hard, the Mayor and Council, to find a yes answer to things and --and we are successful most of the time, because staff does a great job in really trying to find solutions. So, sometimes they are hard, too, but I think if -- I don't know if you can do it in a week, but something to shoot for, come back next week and say, okay, here it is and if you can't reach agreement and, then, we have that information we can go through it, it should be in our Council packets, I hope, so we have time to read it over the weekend and, then, I would feel more comfortable about making a decision at the next meeting and hopefully something happens. Rountree: Is that a motion? Hoaglun: That is a motion, that we continue FP 13-035 to next week -- Meridian City Council September 3, 2013 Page 15 of 23 Holman: Madam Mayor? Hoaglun: -- which is a Council workshop; correct? Holman: Madam Mayor, Members of the Council, it is a workshop next week, but we were set to schedule a joint meeting with P&Z that starts at 5:00. The workshop starting 3:00 and a joint meeting at 5:00 regarding the Eastern Treasure Valley electric plan. So, I just wanted to make sure you knew that when you continue this. De Weerd: Well, that may be slightly delayed in its beginning, so -- Bird: Madam Mayor? De Weerd: Did you have a second? Hoaglun: I hadn't finished my motion. Rountree: He hadn't finished his motion. Hoagun: I move that we continue FP 13-035 to September 10th to the workshop session, 3:00 p.m. session, and that staff be directed to provide Council with all pertinent information regarding DEQ regulations and city policy and that they further be directed to work with the Brighton Corporation in seeing if there was an alternative that can be worked out to satisfy city requirement and report back at the next meeting as well next week. Rountree: Second. De Weerd: Okay. I have a motion and a second to -- Mr. Zaremba: Madam Mayor? De Weerd: Mr. Bird. Bird: Madam Mayor, councilmen, I -- I would be in favor of -- of passing this with a limit of 24 building permits and, then, give them a couple of weeks to work this out and not bring it -- not putting it on a timeline to get all this stuff gathered up and stuff. I would -- I would be in favor of passing up to 24, which is a single -- the -- is where the limit stops and that will let Brighton get started on their project and time is essential to developers, especially this time of year. So, that would be my preference over delaying it like it said. De Weerd: Mr. Zaremba. Zaremba: Actually, I was going to approach a slightly different subject that's part of this, but I tend to agree with Mr. Bird, they can get started and it's already written for 24 limit. We could pass that tonight and, then, the continued discussion, whether it's next week Meridian City Council September 3, 2013 Page 16 of 23 or the week after, would enable them to go farther, but at least they would know that it's on the books and they can get it started. I would be comfortable with that. The other thing that I was going to bring up, which has also been mentioned -- I know we do a lot of communication with the Building Contractors Association -- De Weerd: Mr. Zaremba, can we just keep it to the motion on the table and, then, we will -- Zaremba: I will save that comment. De Weerd: -- go on your side road. Okay. Zaremba: I will save that comment. De Weerd: Anything further? Okay. Rountree: So, is there a substitute motion or are we voting on the motion? Hoaglun: Madam Mayor, I'm quickly doing -- rethinking the motion. Let me do this. Let me withdraw my motion. De Weerd: Does second agree? Rountree: Yes, second agrees. De Weerd: Okay. Hoaglun: And let me try it again based on the information -- that we approve FP 13- 035, with the 24 building limit as per city policy, but also that staff be directed to provide City Council with the DEQ requirements and city policy and all pertinent information required -- or that involves that, including Oak Creek conditions that have been done in the past. That's something new, Kyle. And that staff still meet with Brighton during that week to see if there are other alternatives that would allow full development of that -- of that phase one, even with approval of the -- if we approve the 24 building lots. Zaremba: I would second that and I do have a comment that is on the subject. De Weerd: Okay. Zaremba: I would suggest that even though we are going to vote on it tonight, the subject of the continuing subject -- and I would not charge the applicant an additional fee --the fee that's been charged should wrap up the -- Bird: Covers it. Meridian City Council September 3, 2013 Page 17 of 23 Zaremba: -- the total solution to this, even if it's only a partial solution tonight and we continue discussing it. Does that make sense? Bird: Yeah. De Weerd: Only if it makes sense to Mr. Nary. I know what you're saying, but -- Zaremba: It should not be a separate application to extend this beyond the 24 if we are going to discussion that further. De Weerd: Okay. Bird: Motion agrees. De Weerd: Any further discussion? Okay. The motion is to approve Item 7-A with the -- the additional comments as provided by Mr. Hoaglun and second by Mr. Zaremba. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Economic Development Department: Strategic Plan Update De Weerd: Okay. Item 8-A was requested to be continued to September 24th. It does not require a motion. B. Solid Waste Advisory Commission: Republic Services Annual Rate Adjustment for Solid Waste Collection Services De Weerd: Item 8-B is a report from our Solid Waste Advisory Commission and, Mr. Cory, are you going to lead this? Thank you. Welcome. Cory: Thank you, Madam Mayor, Members of the City Council. My name is Steve Cory, I'm your chairman of the Solid Waste Advisory Commission and at our last regular meeting we had Republic Services present to us their review of their cost of living increase and other aspects of their franchise rate structure. The commission went ahead and asked questions and felt comfortable with what was presented and voted to recommend to you that the rate structure proposed for FY-2014 be approved and because of the detailed nature of that I'd like to go ahead and call forward Rodney Remling of Republic Services to go ahead and discuss the details of that presentation. Meridian City Council September 3, 2013 Page 18 of 23 De Weerd: Thank you, Steve. Okay. Remling: Thank you, Madam Mayor and Members of the Council. My name is Rodney Remling, I'm the division controller for Republic Services, and we thank you for the opportunity to serve you. The contract calls for annual consumer price index adjustment to the pricing and it's allowed 90 percent of that change in CPI and for 2014 that's a change of 1.36 percent and that's applied to all costs, except for disposal -- the disposal is a path through from the customer to the landfill. That's an increase of 16 cents per residential household and the rest of the rates are detailed in Attachment A and we will get to that in just a moment. But as I move through the document and just kind of hit the high points, there is a rate restructure on the bio solid service and that is due to the nature of the assets employed for that service. In the past those services were dedicated wholly to the City of Meridian and so the cost of those were a part of that reimbursement. We have developed that market into some other cities and so we can pass on a savings to the City of Meridian and so far this year we have -- the City of Meridian has saved about 2,500 dollars so far this year. The annual anticipated savings is about 6,000 dollars, so -- because the overall rate has gone down to through rent -- rent reduction and, then, elimination as a rolling it into the regular service. Excuse me. We have three new rates and they are all commercial rates. The first two are at the -- at the request of customers. There is a need to pressure wash certain industrial containers and so at a customer's request we might offer that. There is a relocation of industrial containers. When -- on a large site a customer might want a box moved to multiple places. Each time we are called to move that box we need to charge a fee for that and so that's a recommended new rate and, then, we had a third rate, which is a missing rate for an additional dump of a container. There was no rate for an additional dump of a two yard, but there is for all the other sizes and so we have added that and, then, there is the standardization of the rate structure. What we did was we worked extensively with city staff to clarify the rate structure and to add clarity and transparency into it, so that city staff can better answer customer questions when they call and, then, it's just a much easier explanation, customers feel better when know exactly what they are paying for. So, when we get to Schedule A -- and we will just kind of overview that quickly. You will see quite a bit of red on there and normally that -- that indicates changes and also new rates. In this case it's mostly just clarification, where we have broken rates into multiple lines where in the past it would have been a single line with a larger number without a lot of clarity of what that number is, we have really broken it down. So, you see a lot of red. It's not a lot of new stuff, it's just really breaking it down for clarity and transparency. And, then, the last item here in the memo is a reestablishment of a Sunday service rate. I would point out that the contract with Republic Services and the City of Meridian limits our service from Monday through Saturday during these certain hours. This Sunday rate existed when we -- when Republic Service acquired SSC and it was actually being billed by the billing department of the City of Meridian, but when we went before the Council last year and asked for a rate adjustment, that was not in the -- was not listed and nor had it been listed before and as we reviewed the rates of the billing department they properly stopped billing that, because it was not an approved rate. There is a significant additional cost to providing that service on Sunday. It's not something that due to restrictions and that property that Meridian City Council September 3, 2013 Page 19 of 23 can be done in a six day service and so we are asking that the Council reestablish the Sunday service on the single type of container, it's an eight yard container, and it provides for the public safety and health concerns and just a service to the City of Meridian. So, that's the highlights from the memo and the first landscape document here is just a breakdown of the pricing and it looks very different from last year as I said. There is a lot of red on here. It's just breaking the rates out. So, with that that's my proposal and Republic Service's proposal and I'd ask if there are questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, this may be a question for Mr. Nary. On the mass on any of the rates that might be going up is below the threshold that would require a public hearing I think. But anything that we establish new does that mean we have to hold a public hearing to -- to add that? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, yes. I mean new rates has to be established through the public hearing process. Any rates that don't exceed five percent don't need to be done through a public hearing. De Weerd: Okay. Any other questions for Rodney? Bird: I have none. Rountree: I have none. De Weerd: No? Rountree: I was with SWAC as we were -- as they reviewed it and they asked some pretty in-depth questions and got good answers and I think your presentation reflected some of those answers, so I appreciate that. And SWAC was supportive of the rate increases and the additions and the clarification, so -- and, again, the rate increase is consistent with the contract document, which is keyed to the CPI. So, Madam Mayor, I don't know what -- is the motion to move this forward to, one, a public hearing and, two, an ordinance modification? Nary: Yes. Rountree: I will so move. Bird: Second. Meridian City Council September 3, 2013 Page 20 of 23 De Weerd: I have a motion and a second. Mr. Nary, what would be the time frame on this? Nary: Madam Mayor, Members of the Council, the advertising and -- takes two weeks, so it will probably be three weeks, then, we will have it back for the new rates prior to October. The change in the rate structure Ithink --Ithink it's October 1 when the rates change. So, that -- that will also be done through --Ithink we actually do it through resolution on the contract. But we will bring that on so it will get done before October. De Weerd: On September 24th? Nary: Yes. De Weerd: Okay. Thank you for being here with us tonight Remling: Thank you. De Weerd: So, I have a motion and a second to move this forward and to have the attorney's office draw up the appropriate resolution, as well as set it through the city clerk for a public hearing and that would be set for September 24th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9: Ordinances A. Ordinance No. 13-1569: An Ordinance Amending Title 1, Chapter 8 regarding specific appointments by the Mayor to include Human Resources Director and Information Services Director and amending the Duties of the City Attorney and the Human Resources Director. De Weerd: Okay. Under Ordinance 9-A, Madam Clerk, will you, please, read Ordinance 13-1569 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance 13-1569, an ordinance amending Title 1, Chapter 9, Section 1-A, specific appointments by Mayor by adding a human resources director position and an information services director position and amending Title 1, Chapter 8, Section 8C-2, duties of city attorney by removing human resources responsibility as set forth in 1-8C-2J and amending Title 1, Chapter 8, by adding Article E, city human resources director in Section 1-8E-1 appointment, term of office, and 1-8E-2, duties and providing an effective date. De Weerd: Thank you, Madam Clerk. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Meridian City Council September 3, 2013 Page 21 of 23 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-A, Ordinance 13-1569 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Second Reading: Ordinance No. 13-1573: Adopting Idaho State Plumbing Code and Local Amendments; Adding Local Amendments to 2009 International Building Code Regarding Restrooms, Drinking Fountains, and Service Sinks in Business and Mercantile Occupancies De Weerd: Item 9-B is the second reading of Ordinance 13-1573. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1573, an ordinance repealing and replacing Meridian City Code Section 10-2-1, adopting the Idaho State Plumbing Code and local amendments thereto. Amending Meridian City Code Section 10-1-3, local amendments to the 2009 International Building Code and providing an effective date. De Weerd: That is the second reading. The third and last reading will be next week on the September 10th agenda. Item 10: Future Meeting Topics De Weerd: Okay. Item 10. Council, any Future Meeting Topics for consideration for future agendas? Bird: I have none. Rountree: I have none at this point. Meridian City Council September 3, 2013 Page 22 of 23 Item 11: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. I will move to Item 11, Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:19 p.m. to 9:11 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:11 P.M. Meridian City Council September 3, 2013 Page 23 of 23 (A,/" U D I O 1' '~;z~~ MAYOR ATTE tl JAYCEcf NG ON FILE OF THESE PROCEEDINGS) DE WEERD OLMAN, CITY ~/ ~ `~ / DATE APPROVED ~ 4o~~r~ennu~Usr G rs .~ ~~ csty of E IO~PrN*- iDNHD 9 ~' SF.A~. r ~ F "yr y A a'frr~~ rne0.`'~ ~