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HomeMy WebLinkAbout2014-02-18E II3IAN ~' CITY COUNCIL REGULAR ~ ~ ~ MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, February 18, 2014 at 6:00 PM 1. Roll-Call Attendance X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance by Kenny Taufoou with Troop 168 Meadowgrass LDS Ward 3. Community Invocation by Arthur Clemens with MGT Legacy Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-7) A. Final Order for Approval: FP 14-001 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Consisting of 38 Single-Family Residential Building Lots and Four (4) Common/Other Lots on 13.56 Acres of Land in an R-8 Zoning District B. License Agreement Between Nampa-Meridian Irrigation District and the City of Meridian Regarding Centennial Park Sewer Service Crossing the Hunter Lateral C. Award of Bid and Approval of Agreement to Bricon, Inc. for the "WWTP Sampling Station Improvements" Project for the Not-To-Exceed Amount of $54,000.00 Moved to Department Reports as Item 9A1 D. Approval of Professional Services Agreement to Experis US, Inc. for "Utility Billing Software - IT Project Manager" services for aNot-To-Exceed Amount of $120,000.00 E. Development Agreement for Approval: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Meridian City Council Meeting Agenda -Tuesday, February 18, 2014 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. Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision F. Continued from February 4, 2014: FP 14-003 Canterbury Commons No. 2 by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty-Seven (57) Single Family Residential Building Lots and Nine (9) Common Lots on Approximately 11.06 Acres of Land in an R-15 Zoning District G. FP 14-004 Hacienda Subdivision No. 4 by Jayo Investments, Inc. Located East Side of N. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road Request: Final Plat Approval Consisting of Forty-Four (44) Residential Lots and Ten (10) Common Lots on Approximately 10.11 Acres of Land in an R-8 Zoning District 6. Community Items/Presentations A. FY2013 Financial Audit Report - Eide Bailly, Kevin Smith Approved (Pg 7- 11) 7. Items Moved From Consent Agenda Item 5C moved to Item 9A1 (Pg 11) 8. Action Items A. Public Hearing: PP 13-039 Falconers Place by Falcon Drive Meridian, LLC Located Southeast Corner of E. Falcon Drive and S. Eagle Road Request: Preliminary Plat Approval Consisting of Two (2) Residential Lots and One (1) Common Lot on Approximately 4.69 Acres in an R-8 Zoning District Continued to March 4, 2014 B. Public Hearing: MDA 13-024 Falconers Place by Falcon Drive Meridian, LLC Located Southeast Corner of E. Falcon Drive and S. Eagle Road Request: Amend the Recorded Development Agreement (Inst#105152708) to Change the Development Plan from a Retirement Community to a Townhome Community for the Proposed Falconers Place Subdivision Continued to March 4, 2014 C. FP 14-002 Three Corners No. 2 by David Dean Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty-Eight (28) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 15.24 Acres of Land in the R- 4Zoning District Approved (Pg 11-15) D. Public Hearing: VAC 13-007 Alexandria by L & K Development, Inc. Located West of N. Locust Grove Road, Approximately 1/4 Mile South of E. McMillan Meridian City Council Meeting Agenda -Tuesday, February 18, 2014 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. Road Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Five (5) Foot Wide Open Space Easement Along the Shared Lot Lines of Lots 22 and 23, Block 3 Platted with the Alexandria Subdivision Approved (Pg 15-18) 9. Department Reports A. Public Works: Budget Amendment for FY2014 in the Amount of $55,000.00 for the Wastewater Treatment Plant Sampling Station Project Construction Approved (Pg 18-19) 1. MOVED FROM CONSENT: Award of Bid and Approval of Agreement to Bricon, Inc. for the "WWTP Sampling Station Improvements" Project for the Not-To-Exceed Amount of $54,000.00 -Approved (Pg 19-21) B. Public Works: Sewer Service Connections (Pg 21-26) 10. Future Meeting Topics None (Pg 26) 11. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation (Pg 26-27) Into Executive Session at 7:11 p.m. Out of Executive Session at 8:15 p.m. Adjourned at 8:15 p.m. Meridian City Council Meeting Agenda -Tuesday, February 18, 2014 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 February 18, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 18, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree, Genesis Milam and Luke Cavener. Members Absent: Joe Borton. Others Present: Bill Nary, Jaycee Holman, Warren Stewart, Bill Parson, Michael de St. Germain, Chris Amenn, Stacy Kilchenmann and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Thank you so much for patiently waiting for us. Welcome you to our City Council meeting. It is always nice to see our citizens join us, in particular our younger citizens. Always nice to see our Boy Scouts here in attendance. So, with that I will, for the record, say it is Tuesday, February 18th. It's seven minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance by Kenny Taufoou with Troop 168 Meadowgrass LDS Ward De Weerd: And here Madam Clerk already had me well versed in how to say the name of this young Boy Scout that's going to lead us in the pledge and I have already forgotten. So, Kenny, I apologize, but Kenny is going to lead us and he is from Troop 168 with Meadow Grass LDS Ward and I will ask Kenny to come forward and ask the rest of you to, please, all rise. (Pledge of Allegiance recited.) De Weerd: Kenny, if I can I would like to present you with a City of Meridian pin and congratulate you for drawing the short draw. Thank you. You know, sometimes those that draw the short straw win. So, thank you, Kenny. Item 3: Community Invocation by Arthur Clemens with MGT Legacy Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Arthur Clemmons with the MGT Legacy Church. I will ask you all to join us in the community Meridian City Council February 18, 2014 Page2of27 invocation or take this as an opportunity for a moment of reflection. If you will, please, step up to the mike. I would like to welcome you here tonight with us. Clemens: Thank you. Father in Heaven, we thank you for the privilege of being able to pray before this Council meeting. We thank you for these Council members and the Mayor who are servants to the City of Meridian. I know that they spend long hours at deciding what to do about different things. We pray tonight, Lord, that you would give them wisdom from above, Lord, to where they will not necessarily make politically correct decisions, but decisions that are good for the people of the great City of Meridian. Be with us tonight we pray in Jesus' name, amen. De Weerd: Thank you. I would like to offer you also a City of Meridian pin. Clemens: Okay. I think I have one, but I could use another one. De Weerd: Well, I see that you're not wearing it, so -- Item 4: Adoption of the Agenda De Weerd: Item No. 4 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the agenda with the following changes: Item 5-C is to be removed from the Consent Agenda and become Item 9-A-1. On Items 8-A and B, those two items have been requested to continue to March 4th. And that's the changes, so my motion stands. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Final Order for Approval: FP 14-001 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Consisting of 38 Single-Family Residential Building Lots and Four (4) Common/Other Lots on 13.56 Acres of Land in an R-8 Zoning District Meridian City Council February 18, 2014 Page 3 of 27 B. License Agreement Between Nampa-Meridian Irrigation District and the City of Meridian Regarding Centennial Park Sewer Service Crossing the Hunter Lateral D. Approval of Professional Services Agreement to Experis US, Inc. for "Utility Billing Software - IT Project Manager" services for aNot-To-Exceed Amount of $120,000.00 E. Development Agreement for Approval: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision F. Continued from February 4, 2014: FP 14-003 Canterbury Commons No. 2 by Heartland Homes, LLC Located South Side of W. Pine Avenue, East of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty-Seven (57) Single Family Residential Building Lots and Nine (9) Common Lots on Approximately 11.06 Acres of Land in an R-15 Zoning District G. FP 14-004 Hacienda Subdivision No. 4 by Jayo Investments, Inc. Located East Side of N. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road Request: Final Plat Approval Consisting of Forty-Four (44) Residential Lots and Ten (10) Common Lots on Approximately 10.11 Acres of Land in an R-8 Zoning District De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as changed in the previous motion, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you, please, call roll. Meridian City Council February 18, 2014 Page 4 of 27 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Action Items A. Public Hearing: PP 13-039 Falconers Place by Falcon Drive Meridian, LLC Located Southeast Corner of E. Falcon Drive and S. Eagle Road Request: Preliminary Plat Approval Consisting of Two (2) Residential Lots and One (1) Common Lot on Approximately 4.69 Acres in an R-8 Zoning District B. Public Hearing: MDA 13-024 Falconers Place by Falcon Drive Meridian, LLC Located Southeast Corner of E. Falcon Drive and S. Eagle Road Request: Amend the Recorded Development Agreement (Inst#105152708) to Change the Development Plan from a Retirement Community to a Townhome Community for the Proposed Falconers Place Subdivision De Weerd: Just for a point of information to those of you who might be here to participate in the public hearing on Items A and B, the applicant will get in front of the Council and explain why the request to continue this is. We prefer to take testimony after the applicant and staff's presentations, because some things can change and we want to make sure that your testimony is -- is reflective of the application itself. If you're here tonight to present testimony, I will ask Council if you would mind if I put Items 8-A and B for the applicant to appeal for the continuation -- and so if anyone is here to provide testimony they will know if they want to leave or not. If you cannot come back on March 4th, if the Council does determine to continue it until then, you can submit your comments in writing. It is just as valuable as public testimony or coming here in person. It is part of the public record and it will be noted in the City Council's package. So, Council, if -- if you -- if there is no opposition I would like to move Items 8-A and B to the forefront and ask the applicant to give an explanation of why this needs to be continued. Rountree: I'm fine with that, Madam Mayor. Bird: Fine. De Weerd: Okay. Items 8-A and B are public hearings on PP 13-039 and MDA 13-024. I will open these two public hearings and ask if the applicant is here. If you will, please, come forward. The applicant has requested that this be continued to March 4th. If you will, please, state your name and address for the record. Bailey: Laren Bailey with LEI Engineers and Surveyors. Our address is 3023 East Meridian City Council February 18, 2014 Page5of27 Copperpoint Drive, Meridian, Idaho De Weerd: Thank you. Madam Mayor and Council, we appreciate you hearing us tonight. During the course of this project and our application -- I don't know if we have a map, Bill, if it's something I need to show them or not. This -- this particular project there was an outparcel that was sold off by -- by deed making an illegal split on this particular property. The proposal of the applicant was to include that parcel within the development to bring that -- to bring that into compliance and also provide sewer and water service. Initially the owner of that property was on board and signed an affidavit of consent for us to include them in the project. Since the preliminary -- or the P&Z hearing that homeowner has pulled their consent and so we are asking for a little more time to allow us -- allow the developer to work with that property owner to try and come to a mutually beneficial conclusion to that discussion, hopefully get them back on board and allow us to move forward. So, we'd just like to have adequate time to make sure those discussions can happen and that neither one -- neither side is rushed coming to an agreement. De Weerd: Thank you. Any questions, Council, or direction? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Bailey, how -- how long have you known -- or the developer known that this withdrawal on this easement or permission had happened? Bailey: It happened after the Planning and Zoning hearing Bird: Which was two, three weeks ago? Bailey: Correct. Bird: And you're positive you can get this in place by March 4th? Bailey: We are hopeful of that. I can't guarantee anything, but we wanted to at least have an enough time to have the discussions and be able to make a decision on how to move forward. De Weerd: Okay. Thank you. Who all is here on this particular item? Okay. I hope you do understand the whole idea behind the need for the application to be presented prior to receiving public testimony and we apologize for the inconvenience. We don't know this has been requested until we get here as well. Council, I would ask for your direction on this item. Bird: Madam Mayor? Meridian City Council February 18, 2014 Page6of27 De Weerd: Mr. Bird. Bird: I have no problem continuing it, but I have a feeling that if this hasn't -- if this has been two to three weeks where they have known this and they haven't got it worked out now, I'm not sure that they will have it worked out in two weeks by March 4th and here we will come back on March 4th, these people will come and, then, they will have to return or we will have to waive it -- or continue it on. So, I -- I just want a real assurance that on March 4th we are --this is actually going to happen. De Weerd: Well, Mr. Bird, that's certainly a direction that you can give if you so choose to continue this, that the continuance is to the date certain of March 4th and that you will hear it at that time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that, hearing no other comments from the Council, would move that we continue PP 13-039 and MDA 13-024, public hearings, to date certain March 4th, 2014, which we will hear that day. Milam: Second. De Weerd: I have a motion and a second to continue the public hearings on Item 8-A and B. All those in favor -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: Just a discussion. Was it the maker of the motion's intent that if we get a further request for extension after the 4th that we actually take public hearing on the 4th, so we don't delay this? Bird: Yes. We will take public hearing -- Rountree: That's the intent of your motion? Bird: -- so people aren't coming back every week. Rountree: Thank you. De Weerd: Okay. There is a motion to continue these two items. All those in favor say aye. Any opposed say nay. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council February 18, 2014 Page7of27 De Weerd: Thank you. And, again, we apologize for the inconvenience. We will hold the public hearing on March 4th. Item 6: Community Items/Presentations A. FY2013 Financial Audit Report -Eide Bailly, Kevin Smith De Weerd: Okay. Item 6-A is under our community presentations. We have our fiscal year 2013 financial audit report and we will turn this over to Stacy. Kilchenmann: Thank you, Madam Mayor. Our audit report will be given by our audit partner Kevin Smith from Eide Bailly. This is a night all my chairs look forward to with joy, because they just love hearing the audit report, but, actually, it should be fairly quick and painless. So, I will turn it over to Kevin. De Weerd: And I think our CFO said there was a quiz afterward; is that right? Rountree: For Kevin? Bird: For Kevin. Smith: That's fair. I'm Kevin Smith, audit partner with Eide Bailly and, Madam Mayor and Members of the Council, I'm privileged to be here tonight to talk about the results of the audit for the September 30th, 2013, year end and just a couple of notes. As in the prior years the management has prepared the entire document, the financial statement, and I think I have mentioned in the past that that's pretty rare that they -- that they do that and so I commend them for their efforts in preparing the financial statements and also for the documentation they provide for us during -- during the process. Just a couple of notes I wanted to bring to your attention and there are some -- some new pronouncements that have -- that have come about this last year and, then, some that are -- that are coming and so I wanted to make you aware of those. The two that were --that come out this last year that were applicable, though they didn't have any effect on your financial statements and -- but one of them is setting the groundwork for something that's coming the next year and there is one coming next year and so -- and just for your information, so as you take on new debt, if you do take on new debt, that any of those issuance cost related to debt will now be expenses, rather that capitalized and amortized over the -- the life of the debt and it's always been amortized over the life of the debt, the bond or notes, you know, whatever they -- they have been in the past, but in the future those will no longer be amortized, they will be expensed. Another one that's coming out that could have some affect on you in the future -- it's about two years out, but the federal money, the single audits that we -- that we give opinions on and do audit procedures on, they are changing the thresholds for that and right now the requirement is if you have grant money, federal money, over 500,000 dollars you're required to have those additional procedures done. They are raising that to 750,000 dollars and that could have a change for you at the city, because this current year the Meridian City Council February 18, 2014 Page 8 of 27 federal money is about six -- 765,000 dollars. So, if it's -- 750,000 is the criteria, the benchmark, then, you may be able to get under -- underneath that amount in the future, but it's something that can be monitored, too, and I have talked to Stacy a little bit about that and maybe holding some expenditures and not -- you know, not expending them until a future year to try to offset -- offset those amounts. So, we will work with them in the future on -- on that, if that comes about. We did issue an unmodified or a clean opinion on the financial statements. We also issued a report on the internal controls in the financial statements and stating that the internal controls are in good order and processes and procedures are taken very seriously and also issued an opinion on the compliance, which is the -- related to the federal money. A couple of items that we noted as we went through the process was, you know, the growth of the city and I put together some slides and I will show you those slides, but, you know, one thing that we noted going forward as we are seeing this trend of -- I mean we have kind of had a -- a flat -- a few flat years of building permits, you know, commercial and residential. We are seeing an incline in those and so they are increased -- and I suspect they are going to continue to increase and also property tax increasing. So, there is going to be, you know, funds available to -- you know, to make decisions with and do things in the future for future projects. We also noted that the budget for 2014 also, you know, includes, you know, some of those projects and some of those improvements to the water and sewer and, you know, some of those that are going to continue as you move forward and the city continues to grow. I put together a few slides I just wanted to share with, you know, a little bit of the growth of the city and I -- I went back to a report of 2005 and so I have some comparisons of 2005 to 2013 of the General Fund and, then, for the Enterprise Funds I just wanted to share those with you and, then, just a couple short comments afterwards. De Weerd: It has stumped the best of us, so -- Smith: Technology. There we go. There we go. So, this is just a picture of your total assets in the General Fund, 2013 to 2005, and you will see about 56 million in assets for 2013 versus 34 million in 2005. Here is your fund balance. Very similar. Thirty million versus 21 million. Tax revenue being the most significant, you know, piece of your revenue, 21 million versus eight and a half million. And, then, total expenses, that same trend in the General Fund. And this is the water and the sewer, the Enterprise Funds together, at 241 million versus 152 million. And, then, your net position or, you know, what's left over fund balance, net assets 237 versus 149 million. And your operating revenue, again, that exact same trend. A couple things that I noticed to that. One, you know, in those eight years everything is double and, you know, I don't know what's going to happen in the future, but I'm sure we are going to see some growth, you know, some trends that are going to continue and also, you know, the other thing that I noted, you know, throughout that is that all that was accomplished with little or debt and so that was accomplished with, you know, good budgeting, you know, paying attention to the budget and looking to the future of, you know, where the city is going to be. So, I commend you and all those that have worked in the past to bring the city to where it is today and with that I will open it to any questions that you may have. Meridian City Council February 18, 2014 Page 9 of 27 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kevin, a great report again as usual. But I'd also like to point out that while that growth and stuff -- we have still maintained the lowest mill levy for a full service city in the state of Idaho of a city our size and while everything is doubled, our population has went up 65 percent since 2005. So, our employees have done a great job for our citizens in my opinion. Thank you very much. De Weerd: Thank you. Other questions? Rountree: I have none, but thank you, Kevin. Appreciate your report. Smith: Thank you. De Weerd: I just will say the management section of it, discussion and analysis, were -- were very well written. I thought I would add that. Smith: And thank you, Stacy. I have commented in the past it's the best. It's the best in this report. Bird: You have never missed one of our annual presentations, have you? I know Kevin Anderson did it a couple times, but you were always here, since we hired you in '98 you have always been our accountant; right? Smith: I have been here Bird: And done a great job for us. Thank you De Weerd: Well, I -- you know, I know we always give our staff kudos at this time. Certainly as was represented in the audit, our budget continues to get more complicated with the grants that we receive, which has a good relationship to the money that we are utilizing and that adds a new level of audit performances and we appreciate your staff, they are very professional, they get in and get out -- it seemed like they were here even less time this time than we have had them in the past, which not only says -- says well to your staff, but also to ours that everything is in order for you to look at. So, if you, please, will relay our appreciation to your team as well. Smith: I will. Thank you. De Weerd: Okay. Smith: Thank you. It's been agood -- good partnership and good relations and, you know, that's why it works -- works well together. Meridian City Council February 18, 2014 Page 10 of 27 De Weerd: Thank you, Kevin. Smith: Thank you. De Weerd: Stacy, anything you wanted to add? Bird: She's probably got a budget amendment. Kilchenmann: I'm glad you didn't ask him his opinion about impact fees, because I forgot to warn you. I did want to really -- I made Rita come tonight, because I -- she really has worked hard on the audit statements and her staff have all worked hard and worked hard throughout the year and I know sometimes she seems a little tenacious, but she has a good reason and it's that room full of nine auditors in that one week that just makes you sweat. So, I do want to thank them and Kevin's group is great to work with, too. Thank you. De Weerd: Thank you, Rita. Thank you, Todd. To -- to the entire Finance Department and certainly to all of our city employees. I know that our Finance Department carries a big stick to make sure that we -- we operate within the policies and procedures that have been set and so that we do have a clean audit and so big kudos to -- to all. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Along with the appreciation for everybody, I would add one comment and, hopefully, I'm correct that the word loans was used a couple times, one is preparing accounting for if we take loans and I would like to clear the record. At the moment the city has no loans. Bird: No. Madam Mayor? De Weerd: Mr. Bird. Bird: With that I would move that we accept the fiscal year 2013 financial audit report. Rountree: Second. De Weerd: I have a motion and a second to approve the financial audit report. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. Meridian City Council February 18, 2014 Page 11 of 27 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From Consent Agenda De Weerd: There was an item moved from the Consent Agenda, but that was moved to a different number under nine. Item 8: Action Items C. FP 14-002 Three Corners No. 2 by David Dean Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty- Eight (28) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 15.24 Acres of Land in the R- 4Zoning District De Weerd: So, I had already opened the two public hearings on Item 8-A and B. We have continued those to March 4th. De Weerd: Item 8-C is FP 14-002. I will ask for staff comment. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda this evening is Three Corners No. 2 final plat. This is the first phase of the preliminary plat that you acted on back in December or so. The applicant is here to discuss a 28 lot subdivision with you. Again, here is the approved preliminary plat that you acted on. It did consist of 54 lots at that time and this is the first phrase and it will primarily consist of basically the southern half of the development, which has currently been rezoned to the R-4 zoning district. Here is the phasing again. Three Corners will come off of Locust Grove and, then, dive into that southern portion as well. All of the lots do comport to the R-4 zoning district dimensional standards and it does comply with the approved preliminary plat as well. Here is the landscape plan that's proposed this evening. Again, we have parkways along the entry street into the development, two large passive open space lots and, then, a central walkway around the development as well with some internal micropath lots getting to that walkway. Again, the open space is consistent with the approved preliminary plat. Probably the main item of discussion this evening -- the applicant wants to discuss with you is the requirement for the street names within the development. The applicant has received preliminary approval from the street naming committee on the -- the graphic that I have on the right-hand side depicts the street names that the street naming committee has recommended for you this evening. On the left-hand exhibit is the street names that applicant would like your action on this evening and approved in the red. And their main reason for that request is just with how this project aligns with the adjacent streets. What I have done in the right-hand exhibit is show you on -- based on the street naming committee logic how these roadways align with the street and that's where they have based their recommendations on for the street names. So, you can see here that none of these Meridian City Council February 18, 2014 Page 12 of 27 streets will actually connect with the development moving forward, it's just because these streets are in alignment with adjacent streets that the street naming committee has provided those -- requested those names for these streets. I have discussed this issue with the street -- our address specialist, the police department, and the fire department and they do not have any objections to the names that the applicant is presenting to you this evening. I have received written confirmation that the applicant is in agreement with all the conditions in the staff report, except for the street names, of course, and, then, moving forward, if it is your desire to approve their street names this evening in the final plat, they will have to get a final street name approval from the street naming committee with these street names before they can even obtain city engineer's signature on the plat. And so just for the record all the conditions are in place for the final plat and the last outstanding item this evening is really whether or not you support their street name change. That concludes my presentation. I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: You bring up a topic that I remember some discussion on, but my recollection was that it went a different direction. I thought that either we had asked the street naming committee or the street naming committee had decided that discontinuous streets would not have continuous names and I -- at the time the discussion I thought was generated by our first responders saying when you have two blocks with a street name and, then, two miles away you have another two blocks with that same name, it's confusing for them and I -- I think I understood you to say that the street naming committee wants them named the same even if they are continuous. Is that the direction we are going? Am I remembering something wrong or is this a new change of direction? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, I'm not sure of how Title 8 is written as far as street naming goes, but it's my understanding that their policy's always been to require the street naming, even if it wasn't continuous, as long as it's in general alignment and that's the discussion I had with our address specialist. So, I know a few weeks ago we had a discussion with -- Primary Health wanted a specific address off of a street that they front on and at that time Council had given us direction to go back and look at that ordinance. So, it's something that we need to address moving forward. We are working on those revisions to that ordinance, so, hopefully, we can address that concern as we come forward with those ordinance changes, but to my understanding this application tonight it needs to align. Even if it's not continuous they want the names to be -- match up with the adjacent streets. Zaremba: Okay. Thank you. Meridian City Council February 18, 2014 Page 13 of 27 De Weerd: Well -- and I think we have gotten correspondence, Mr. Zaremba, from citizens who have expressed frustration with the way these streets jump around, so just -- this is a great request, in my opinion. I will go ahead and ask the applicant to, please, state your name and address for the record. Brown: For the record Kent Brown. 3161 East Springwood, Meridian, Idaho. De Weerd: Thank you. Brown: Grateful to be here tonight and to discuss this and also discuss it as a -- my part-time job helping my wife as 15 years of flower delivery. I also was in charge of Boise city's street name addressing people also for a short period of time when I worked there. One of the things that Boise city has done is when you have a cul-de-sac that goes a short distance, they allow you to extend that street name all the way, so that when you make that curve and you only have three or four houses, that you don't have to change the name and the city wrote that provision and so when we get street names in Boise and in this development -- Bill, if you will go back to the preliminary plat. In our future phase in this upper portion, when we go north there to that hammerhead, we will have to have a different street name when you make that turn and pizza delivery guys, flower delivery guys, that's almost an impossible street to find. The interesting thing about this location, too, is Boise city's stuff is to the east of us and even though we might align with some of those streets, the general public doesn't know, but we don't have to continue those street names and, Bill, back to yours. You can see to the west of us, this area right here where the arrow is, is a school. So, you can't even really know that there is anything there and across the street to green, it's also a school, and, then, when I did measurements -- and, Bill, if you would go to my street map one. We are 1,900 feet from where those two east-west streets that the street naming committee is trying to have us do anything with, there is a little bit of room to the west of those short streets that are in there, that they might end up going further west, and I guess there is a block in there that they might end up being 190 feet long and, then, they are not going anywhere in either direction. We have the same problem with Schubert that's coming north, we are 1,400 feet from the -- any ability to extend that one. Currently -- I always want to call that Chopin, but it's Chopin. Is that right? We are currently 1,900 feet from where that would be extended for two addresses. That's all that we would have in our development is two homes. Now, if you have ever tried to find that as a delivery person, it's almost impossible and -- and my advantage that I have always told my wife is I understand the rules, I understand that place is a north ending cul-de-sac. Court is an east-west ending cul-de-sac, those kind of things, and understanding the rules makes me a little easier to find and, you know, our new electronic gadgets make it a little easier to find, but what we are proposing to do in the subdivision is the two houses that the street name committee wants to have on Chopin is that we want Three Corners that comes in from the major street to wrap all the way around and include those -- those two lots. We have new names for the other three streets, because of the disconnect. To us it's just a common sense type of thing. The street name committee has held by their ordinance and we are just asking for relief from the City Council to do what I think of all of us realize is the right decision. So, I will stand for any questions Meridian City Council February 18, 2014 Page 14 of 27 you might have. De Weerd: Thank you, Kent. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I know the first responders have been consulted, we have been told that, but I might like to hear an opinion from each if I may. Amenn: Councilman Zaremba, Members of the Council, I do agree it can be difficult for us when we have noncontinuous streets like that. Our -- as the gentleman mentioned, our new CAD systems and the electric devices we use does make it a bit easier, but, again, we go back to paper maps when all else fails and it can lead to a lot of difficulty. De Weerd: Okay. Any other questions from Council? Bird: I have none. De Weerd: Lieutenant, did you have anything you wanted to add? De St. Germain: No. We have had -- on two occasions we had trouble finding that. Now the guys are used to getting there, because they -- they have communicated that to each other, but we did on two occasions have trouble getting -- finding that location. De Weerd: Bill, I guess I just have a question. The naming committee, this is a countywide committee, so they may not be aware there are different policies. I would invite them to come and travel the roads of Meridian at some point, because it is chopped up, they are hard to find, I appreciate that Kent can do delivery in -- in a much more efficient manner than the rest us can find a house. It is complicated. If you're not on the right block and you have to go back out onto an arterial to get back into the subdivision to find the other half of that street, you get angry. So, perhaps if we look at the policy on addressing along arterials where you don't have access, that we include this part of it, in addition the cul-de-sac aspect as well. Brown: When I worked for the city of Boise one of the one -- examples that became really clear is off of Five Mile just to the east is Samson Street and no section was longer than 300 feet long. It was done in over eight different subdivisions and the street name was actually named differently in two locations that had a different spelling, because they followed the plat, of all things. So, there are really bad ones. I mean we -- we have -- as a delivery person when you're delivering for the entire valley, take Franklin Road and go east and west Meridian and, then, west Boise looking for the same numbers and so anyway -- De Weerd: Well, too, on Cherry Lane or Cherry Street or -- Meridian City Council February 18, 2014 Page 15 of 27 Bird: Fairview. De Weerd: -- there is -- we could probably rattle off several. Brown: I think we all have examples. De Weerd: Yes. Uh-huh. But thank you for bringing this to us. Council, any other questions for staff or the applicant? Bird: I have none. Rountree: I have none. De Weerd: Okay. I would entertain a motion on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-C, FP 14-002 with the suggested -- and approving the suggested street name changes. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Barton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing: VAC 13-007 Alexandria by L & K Development, Inc. Located West of N. Locust Grove Road, Approximately 1/4 Mile South of E. McMillan Road Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Five (5) Foot Wide Open Space Easement Along the Shared Lot Lines of Lots 22 and 23, Block 3 Platted with the Alexandria Subdivision De Weerd: Item 8-D is a public hearing on VAC 13-007. I will open the public hearing on this item. Meridian City Council February 18, 2014 Page 16 of 27 Parsons: Thank you, Madam Mayor, Members of the Council. Next item is the Alexandria vacation. It consists of two buildable lots within the Alexandria Subdivision. It's located west of North Locust Grove, approximately a quarter mile south of East McMillan Road. The applicant is here tonight to discuss vacating the shared easements along the property lines between Lot 22 and Lot 23, Block 3, as you can see in the exhibit here. So, currently there is an existing public utility, drainage, irrigation easement along the shared property lines and, then, also these -- these lots were part of a planned unit development in 2004 and as a requirement of that PD there was a requirement that each adjacent lot have an open space area for the adjacent neighbor to use on somebody else's property and that's -- so, those are the two easements that they are proposing to vacate. Basically, city staff has approved a property boundary adjustment, so that the developer can consolidate the two lots and build one single home on the property and they are currently going through that process. We have received letters from all the applicable utility providers, they are in agreement with the vacation. So, there aren't any utilities in this area at all, so to speak. Public Works is in agreement with the vacation as well. Therefore, staff is recommending approval of this vacation as you -- as it is presented to you this evening and I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Okay. Would the applicant like to make a comment? Any comment? Good evening. Crawford: Good evening. Madam Mayor, Members of the Council, my name is David Crawford. I work with B&A Engineers. Address 5505 West Franklin Road in Boise. And not to belabor the issue here, but this -- this application is being presented to you tonight to attempt to add value to a lot that's been difficult to sell for the developer. That's the intent behind this. This is to create some --abetter area for the -- a building that could exist here. This is a property to the north which has developed in a different manner and so the rear of those homes abut this northerly property and the developer has received feedback from some of the people interested in purchasing this and it's been difficult to sell. So, the attempt here is to just create a little more open space with a future development -- or building plan here in a center courtyard environment. So, that's really the intent behind this. So, there is not any utilities that exist in there, nothing to inhibit any building or anything like that. So, with that I will stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Milam: Madam Mayor? Zaremba: Madam Mayor? Meridian City Council February 18, 2014 Page 17 of 27 De Weerd: Mrs. Milam. Milam: Is this the property that has a -- a fake tree planted in the middle of it? Do you know? I will miss that tree. It's the only green in the middle of winter. That was my only comment. De Weerd: Mr. Zaremba. Zaremba: I guess help me understand. I understand the reason for wanting to remove the easements, but are you not also removing the lot line and making one lot out of it or is it still going to be two lots? Crawford: Madam Mayor, Members of the Council, Councilman Zaremba, yes, we are -- we also have a concurrently running application for a density reduction to remove the lot line between -- that's, apparently, the administrative level, so what's proper before Council is the easement vacation and to answer Council Member Milam's question, I have no idea if there is a fake tree out there. It wasn't out there when I was out there a few months ago, so -- Milam: Thank you. De Weerd: Any other questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Crawford: Thanks. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Seeing none, I move we close the public hearing on VAC 13-007. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council February 18, 2014 Page 18 of 27 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve VAC 13-007. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Public Works: Budget Amendment for FY2014 in the Amount of $55,000.00 for the Wastewater Treatment Plant Sampling Station Project Construction De Weerd: Under Department Reports we will go to Item 9-A under our Public Works Department. Stewart: Madam Mayor, Members of the Council, I'm here tonight to present to you a budget amendment for 55,000 dollars for the construction of a sampling station bridge out at the wastewater treatment plant. When this budget for this particular item was initially put forward in the amendment -- of course this was just conceptual, we had no plans or specifications had been drawn up, no design had actually been completed. Since, then, we have completed the design for this project. There was more involved in getting the permits from the Corps of Engineers and dealing with the floodway issues and so forth and the creek than we had anticipated and that was included in the original, essentially, estimate and we have bid the project out and the bid came in higher than we anticipated. So, we have, essentially, proposed taking money from another project that we had intended to construct this year. There was a Ten Mile line project that was going to take Whitestone and Landing lift stations off line. It would have been a great project, but, unfortunately, we were not able to acquire the easements from the land owners and we will have to postpone that for another time and allow development to -- to maybe address that issue for us. So, we are proposing to reallocate some of the funds for that project to the sampling station project, so that we can go ahead and complete the sampling station project. The sampling station is critical to us right now. The downstream or the second sampling station it's -- it looks like a diving board that's Meridian City Council February 18, 2014 Page 19 of 27 kind of extended out over the water and we required now as of part of our permits to take cross-sectional samples clear across the creek. That, essentially, platform doesn't extend across the creek and it sits way above the water level and it's very difficult to -- to properly get the samples from -- from the creek. So, we are asking for the money to go ahead and complete the construction for that project. And I will stand for any questions. De Weerd: Thank you, Warren. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment -- if I'm remembering from tours that I have had of the area that anybody attempting to use that current construction would have to lean out at precarious angles and it seems to me OSHA would have some heartburn with the way we are currently doing it, so I'm very much in support of fixing what needs to be fixed out there. De Weerd: Personally I'm not sure OSHA requirements were the cause, it's more employer safety -- or employee. Employer safety as well. Zaremba: Yes. Yeah. It looked vary precarious, so I see why this came up. De Weerd: Any other questions for Warren? Rountree: I have none. De Weerd: Okay. Thank you, Warren. Stewart: Thank you. 1. Award of Bid and Approval of Agreement to Briton, Inc. for the "WWTP Sampling Station Improvements" Project for the Not- To-Exceed Amount of $54,000.00 Moved to Department Reports as Item 9A1 De Weerd: Council, we did move from the Consent Agenda to Item 9-A-1, 5-C, which is award of the bid. So, I would ask for your direction at this time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I understand, we are getting award of bid without having the budget amendment or is this both? Meridian City Council February 18, 2014 Page 20 of 27 Stewart: This is both. Madam Mayor. In fact, that's why it was removed. Essentially the Public Works Department put the budget amendment on the agenda for tonight and the award of bid was put on by the Purchasing Department and was actually in the Consent Agenda. It was removed from the Consent Agenda, so it could be placed after the budget amendment, so you could act on the budget amendment first before we awarded the bid. Bird: Another question, Madam Mayor, if I could. De Weerd: Uh-huh. Bird: Warren, is the budget amendment for 17,000 and the -- because you have the original 37 already budgeted; right? Stewart: Correct. Bird: So, what our budget amendment is is 17,000 -- Stewart: No. Madam Mayor, Councilman Bird. The budget amendment is for the 50 -- think it's 55. Bird: The award of bid is for 54,000, but the budget amendment isn't for 54,000, because you have already got 37,000 in your budget. Stewart: Yeah. But this includes both the design and the construction. The budget amendment needs -- is the money for the design and the construction. So, there is money that's already been expended for the design, which is, essentially, eaten most of the 37,000. So, we are needing -- Bird: So, we -- so, in other words, we are awarding a bid for 54,000 dollars and a budget amendment for 54,000 dollars and the 37,000 has already been used up in the budget? Stewart: A portion of it has. I'm not sure I could tell you exactly how much of it had been expended, to be honest with you. Bird: Okay. Well -- Stewart: I don't have those numbers here in front of me Bird: Well, as long as you agree with it I will make a motion. If you don't, let me know. I move that we approve and award the bid of 54,000 dollars to BriCon, Incorporated, and also approve a budget amendment for fiscal year 2014 in the amount of 54,000 dollars. Rountree: Second. Meridian City Council February 18, 2014 Page 21 of 27 Stewart: Madam Mayor? The budget -- pardon me. I just I want to make -- clarify. The budget amendment request was for 55. De Weerd : Yeah. Bird: Okay. Yeah. I see that. I'm sorry. And I change that. Fifty-five for the budget amendment, 54 for the contract. De Weerd: Second agree? Bird: Second agrees? Rountree: Second agrees. De Weerd: Okay. Any discussion on this item? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Works: Sewer Service Connections De Weerd: Also under Department Reports we have our Public Works Department talk about sewer -- sewer service connections. Usually when you come to the podium you bring props and we don't need props on sewer service or connections. Rountree: We got them. Stewart: Madam Mayor, Members of the Council, I just wanted to -- this won't take too long I don't think. A few years ago the city initiated a main line replacement program, which was intended to replace aging and degraded infrastructure in the city on a proactive basis, based on a number of criteria and some of those criteria are shown here in front of you, so we -- we started replacing some of the -- specifically some of the old downtown infrastructure and much of that infrastructure is located in alleyways and in the backs of people's yards, some of which is within easements and some of which isn't. As a result of that we have, essentially, tried to replace with the new sewer main -- replace that infrastructure out in the right of way and the city's policy, essentially, in the past has, essentially, been that if there was a sewer service -- see if I can get this right -- a sewer line, main line, running down the road and there was a sewer service off of that sewer, that the city would maintain or replace, if necessary, the service to the property line and, then, this segment, essentially, from the property line to the home was the homeowner's responsibility. As you can imagine there is -- and what we Meridian City Council February 18, 2014 Page 22 of 27 discovered is within the City of Meridian there is a million different scenarios. Some services are daisy chained between houses or before they come out to the road. Some of them go underneath buildings and so on and so forth. This has presented a challenge for us as we have tried to do the main line replacement program and we have moved main lines out into the roadway, we have had to ask ourselves in several situations, okay, who is responsible for the cost associated with replacing the services on the private property and how do we deal with that issue. As a result of that, in some specific projects where it was a little difficult to make that decision, we put together, essentially, a committee, which was formed from several different divisions and -- within the city. Essentially there were engineering and operations, personnel, as well as legal, code enforcement and environmental folks, that, essentially, met to discuss this issue and try and come up with a consensus that we could bring to you in the form of a resolution or a recommendation and tonight you have a copy of the resolution, which was based on the discussions that were had and the consensus that that group reached and, essentially, what that says in a nutshell is that if the service relocation on private property is the result of work initiated by the city, that the city will relocate to pay the services. If the service relocation on private property is the result of work initiated by the owner or is for the owner's benefit -- in other words, he requested that his service be replaced, even if it's our project that we are doing -- because that's happened to us before, we had a main line replacement going down the road, our plan was to simply reconnect their service and they came to us and said, whoa, whoa, whoa, we want to move our service. It's not where we want it. In that case we said, well, that's your prerogative, but you will have to pay for the cost of extending that service. So, essentially, there is two different scenarios there. Your resolution goes into a little bit more detail on how those scenarios and some others will be dealt with and, then, essentially, there is two options for payment that we have used in the past and, essentially, when we have a few services -- in other words, two or three services on a project, the preferred method for handling that is to have the owner of the home get three bids to relocate or reroute the service and, then, for us to reimburse the owner the cost for that relocation. That does a couple of things for us. One, it makes -- it insures that the owner has a direct relationship with the contractor who is doing work on his property and the warranty and everything else is -- relationship is between the two of them. That leaves the city out of it. We simply reimburse the owner for his expenses based on the lowest bid. The other option, which we do employ from time to time, and, actually, the 8th Street project last year and the one that's going forward this year are great examples is if we have a whole lot of services. The 8th Street project this year I think has in the neighborhood of 50 some services and it's not practical for us to try and get 50 reimbursement agreements and that many bids from that many individuals. So, we, essentially, included the relocation of those services within the -- our master contract with the contractor to do that main line relocation. So, we are here tonight to, essentially, discuss this draft resolution and get your, essentially, comments on that, so we can move forward and sort of bring some consistency and some resolution to how we would address these issues as we continue with our main line replacement program, for we know there is going to be more of these issues come up in the future. And with that I will stand for any questions. Meridian City Council February 18, 2014 Page 23 of 27 De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I like the thinking on this. I think it's the right direction. I like what you came up with. The very last thing you mentioned, the city contractor option, do you also still get some approval from the homeowner that it's okay to work on their property, even if we are going to have our contractor do it? Stewart: Yeah. They have to -- we include them in the -- the design phase of the project and we have to, basically, go on their property to do some surveying as where their existing service is so we can show it on the plans and so there is -- there is coordination with each one of the homeowners. Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is there an understanding on the part of the homeowners that once this is done that from their property line to the street or right of way connection is the city's, from the property line into their residence becomes their responsibility or are we putting ourselves in a situation where we are going to be responsible through the life of that sewer connection once we relocate it to the residence? Stewart: Madam Mayor, Councilman Rountree, we do try and make that very clear, in fact, that -- you know, that generally speaking our practice is that we only cover to the property line and it's only because we are initiating the project that we are doing the work on their private property. Bird: Madam Mayor? De Weerd: Mr. Roun -- Bird. Sorry. Bird: Mr. Armstrong. Warren. But from the property line into the house whatever the contractor's warranty would be in place there, too, until the warranty was out. I don't know what kind of warranty you -- your contractors give you, a year or whatever it is, I don't know, but -- Stewart: Madam Mayor, Councilman Bird, that's true. It's a two year warranty and -- but the -- the difference is that if there were an issue it would be -- the owner would come to the city and the city would go to the contractor and we would try and resolve it. The other way it's strictly between the homeowner and the contractor and the city remains out. Meridian City Council February 18, 2014 Page 24 of 27 De Weerd: But if we do the work while the warranty is under us it's still on their property, so they do have to come through us, but they are warrantied for two years, that particular part of the work. After two years, then, it's their responsibility. Which it has always been that way I understood with water and sewer lines. Stewart: Correct. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Warren, can you go back a couple of slides? I just want to get clarification on -- maybe go forward. I guess my question is I just want to make sure that when you say the -- the homeowner's benefit, the only case that we are talking homeowners benefit is if the homeowner is the one that is, you know, initiating that contact, that no one else is determining that it would be to their benefit and, thus, we are going to continue to do the work. It's the homeowner that's initiating and saying I want this. Stewart: Madam Mayor, Council Member Cavener, that is correct. We would only do it at their request. In other words, it would not be essential of the completion of the project, okay, and so they would come to us with a request and say, you know, we would like it moved for our benefit. In that case we would say, well, then, you would have to bear the cost of that. Cavener: Makes sense. De Weerd: Okay. Any other questions from Council? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a question. So, if you're doing a project and you would like to do more, but it's not essential maybe right now, but you know that -- that it's going to need to be done -- I don't know that it would be beneficial to fit into place some kind of a -- well, proactive agreement where maybe there is a discount to the homeowners to do -- pay for part of it now, that it will save money in the future if it's an upcoming -- you know it will need to be done, an older -- am I making sense or is it only in my head? Stewart: Madam Mayor, Members of the Council, we do -- when the city does brand new lines or when we do even main line reconstructions, we'd go and contact every homeowner that's on, essentially, that path and we give them the option -- I mean if they wanted to replace their service or add a service at that time they can make that request. Meridian City Council February 18, 2014 Page 25 of 27 We will -- for instance, the city -- often the owner will say, well, I appreciate that. When you stub the line can you stub it at a different location and I will go ahead and pay to have my -- my line rerouted to that location. So, we do that. We have contact with them and we allow the opportunity for changes. That saves them money in the long run, but we don't actually do that work. So, we try and coordinate that, we try and give them that opportunity, but we don't force that option on them, they can -- they can make that request or we will simply hook them up back to their old service and -- and keep going. Unless there is an issue that the city is trying to resolve that's a problem for us or a maintenance issue for us and, then, we would -- we would be the ones requesting the service be relocated and, therefore, we would pay. Milam: You answered my question. That's really what I was getting at, is if it saves them money doing it at the time of the project because we are there anyway and that you do coordinate that, so thank you. De Weerd: Okay. Anything further from Council? Bird: I have none. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to add -- there is a resolution that's a draft that's in your packets that was intended, if that meets your satisfaction, to put it on next week for approval. It's not common, I know, for us to have resolutions of this type, but we felt this is one of those circumstances where we think this is a policy that we may in the future or a future Council may need to figure out when did we decide that or -- who did we choose that and this is our way of memorizing it and being able to find when that decision was made and what was the intent behind it. I will also follow up with some of your questions. We can have a conversation with Public Works. I would anticipate if this is very complicated or really expensive that we would probably be looking at an agreement with the property owner, because we would need to make sure we -- you know, if there was multiple easements or different access or we had, you know, a very large scale project that was being moved, we would probably want an agreement, but we weren't trying to over lawyer this and have an agreement for every single property owner. Sometimes that can get cumbersome and slow everything down and it makes it really complicated for people and we were trying to avoid that, too, but in looking at some of these we might -- we might find a way with Public Works to make it simple enough for most -- most property owners, so that they understand what we are doing, we have some way to make sure we capture all the easements the same location and the right place, make sure that we are -- when we pay out the money that Finance is fine with it in how it's being -- being tracked. So, we will make sure that process is in place, but we were just trying not to overdo it with every single one of these, but, anyway, I just wanted you to know why you were seeing a resolution and kind of what we would do going forward. Meridian City Council February 18, 2014 Page 26 of 27 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I like that idea that that kind of agreement with a homeowner would be a good place to add a paragraph that -- reminding them that future maintenance is their responsibility. Nary: Sure. Zaremba: Even though we say it, if we are putting some things in writing I would add that one. De Weerd: We will see you here next week. Stewart: Thank you. Item 10: Future Meeting Topics De Weerd: Thank you. Okay. Council, any items for future agendas? Rountree: Not at this point. Bird: I have none. Item 11: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. We will move to Item 8-A under Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(f). Rountree: Second. Meridian City Council February 18, 2014 Page 27 of 27 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; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (7:11 p.m. to 8:15 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Milam: Second. De Weerd: All those in favor say aye? All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Milam: So moved. Zaremba: Second. De Weerd: All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:15 P.M. (AUDIO RE ORDING O~I~tL~~©F_THESE PROCEEDINGS) '°~~._, v 2~ . MAYOR TAM ; bE WEERD DATE APPROVED ATTEST: ;,~~~'''-t> ~~-~~:~ P .° ~ rl l i ~ ~~' ita of .7A CE OLMAN, CITY CLER ~~,.; Ep E~>~,~N*-~ -- ®A,~~ -,. a S ,~ rAe TP. F. ~~°.