2012-10-30 SpecialE IIDAN�--
D A H O SPECIAL CITY COUNCIL
AMENDED
MEETING AGENDA
Tuesday, October 30, 2012 at 5:00 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. Adoption of the Agenda Adopted
4. Consent Agenda Approved
A. Approval of Award of Bid and Agreement for "Liquid Emulsion
Polymer" to BASF Corporation for the Not -To -Exceed Amount
of $125,000.00
5. Meridian Heights Water and Sewer District and Lee Centers Property
Discussion
Adjourned at 6:16 p.m.
Meridian City Council Meeting Agenda — Tuesday, October 30, 2012 Page 1 of 1
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Meridian City Council ®ctober 30, 2012
A meeting of the Meridian City Council was called to order at 5:03 p.m., Tuesday,
October 30, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Brad Hoaglun, David
Zaremba, and Keith Bird.
Others Present: Bill Nary, Jaycee Homan, Bruce Chatterton, Pete Friedman, Tom Barry,
John Overton, 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: Welcome. We appreciate you joining us here this early evening and
welcome you to the City Council Chambers. For the record it is Tuesday, October 30th.
We are -- it's a few minutes after 5:00 and this is a special City Council meeting.
Madam Clerk, will you, please, start our meeting with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Okay. Thank you. Item No. 2 is the pledge to our flag. If you will all rise
and join us in the pledge.
(Pledge of Allegiance recited.)
Item 3: Adoption of the Agenda
De Weerd: Item No. 3 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move adoption of the agenda as printed.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed, which is
unusual. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
October 30, 2012
Page 2 of 23
Item 4: Consent Agenda
A. Approval of Award of Bid and Agreement for "Liquid Emulsion
Polymer" to BASF Corporation for the Not-To-Exceed Amount
of $125,000.00
De Weerd: Item 4, Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move the approval of the Consent Agenda and the Mayor to sign and Clerk
to attest.
Zaremba: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you call roll.
Roll Call: Bird,, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Meridian Heights/Kentucky Ridge Discussion
De Weerd: Item No. 5 is a discussion on Meridian Heights Water and Sewer District
and Lee Centers property discussion. I will, again, thank you all for being here this
evening. I will -- I would like to thank the Council for taking their fifth Tuesday to have
this discussion and look at how we can move forward on this issue and I will remind you
tonight we are really looking at it at the 30,000 foot level. As Councilman Hoaglun and I
met with our city staff and the two entities that are here this evening, we saw that there
has been a lot that has changed since the last time we discussed and I know there is a
history here and we are hoping that we can focus on how we can best look forward and
identify from Council those areas that are of most concern that we want to have
addressed in such an agreement and to make sure before we waste anyone's time that
everyone's committed to this and on the same page. I will say that Meridian Heights
and Kentucky Ridge have done a lot of work to get to the spot that they are today and I
will commend you for those efforts. I'd also liked to thank Lee Centers for being a part
of this discussion as well. It was kind of a gaping hole and this needs to have your
participation in it as well. And it will help -- this is just from my perspective, as someone
who doesn't get to vote unless they tie, I am dedicated to this project and seeing how
we can move forward to the benefit of the residents that are involved, property owners,
and the city as a whole. So, we do appreciate you all being here. I had intended on --
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October 30, 2012
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on Mr. Barry to give a brief overview and he must have been on the same timeline as
Mr. Rountree. So, I will go ahead and say I guess that was a brief history and I don't
know if the -- the district is going to come and make remarks first or -- or, Warren, is that
what you're here for?
Stewart: Madam Mayor, Councilmen, no, I wasn't going to give a brief overview, but
can kind of give a brief introduction. I think Tom is upstairs tied up with something at
the moment. I know he was planning on being down here, but we had a lot of
discussions over the -- well, yesterday we had quite a discussion and spent about four,
four and a half hours, I believe, meeting on this issue, there was a lot of progress made
and I think initially Tom was going to turn over some time to the two different groups
involved in this to kind of give a presentation and kind of give you a status update as to
where we were and, then, he was going to interject and follow up.
De Weerd: That was a good segue into Mr. Nary's entry -- or Mr. Barry's entry --
entrance. Tom, did you want to make any opening remarks before we turn this over
to --
Barry: Thank you, Madam Mayor. I'm sorry I'm running a little late this afternoon. And I
do. Thank you for that. We are here this afternoon to discuss a potential resolution of a
three way conundrum that exists between the Meridian Heights Water and Sewer
District, the City of Meridian, and Mr. Lee Centers, a prominent landowner in the area.
As you know, this project is something I inherited when I first started with the city five
years ago and I looked at the file and the file even predates my time with the city by
three years at least. It is true that the City Council will hear tonight many of the issues
that have been heard before, but a great deal has changed between the last discussion
and this evening's discussion. When the district representatives were last here before
you, you made requests of them to assist in furthering the development of a viable
solution to the issues at hand and I'm pleased to report in many cases that they have.
You asked them to survey their -- the homeowners to assess their interest in annexing
to the city and they did. You asked them to identify and develop an annexation pathway
and they have. You have asked them to survey their sewer system to identify
deficiencies and they did. You have also asked them to make upgrades to their
infrastructure that they are -- and they are by developing a five year capital plan for both
their water and their wastewater infrastructure. To date they have reconstructed a new
drinking water well to meet municipal standards at our request and they are upgrading
the sewer infrastructure as we speak. You also asked them to work with their neighbors
to collaboratively find a way to resolve their challenges that would not impact the city's
ratepayers and I believe they have. This afternoon you will hear from Ms. Becky McKay
of Engineering Solutions, who is representing Mr. Lee Centers and you will also hear
from Mr. Ryan Morgan of Centra Consulting who is representing Meridian Heights
Water and Sewer District. Today's discussion will not likely include the details that will
be needed to fully vet a final solution and it is not the intention of either staff or
representatives of either entity to urge a Council decision in that regard. With that I will
turn the floor back over to you, Madam Mayor.
Meridian City Council
October 30, 2012
Page 4 of 23
De Weerd: Okay. Is -- do you know the order of --
Barry: It's at your pleasure, Madam Mayor.
De Weerd: Okay. I think it's probably appropriate to hear from the district first. Or you
probably have figured it out among you, so -- I'm just throwing it your way.
Morgan: Madam Mayor, Council Members, in the --
De Weerd: If you will, please --
Morgan: Yes. My name is Ryan Morgan with Centra Consulting. Our business
address is 413 West Idaho, Suite 302, in Boise, Idaho. 83702.
De Weerd: Thank you, Ryan.
Morgan: In the interest of showing cooperation and showing the spirit of working
together, we have actually prepared a presentation that we are going to present
together. I'm going to go over the first page of it and, then, I'm going to turn the time
over to Becky and she's going to go through a couple of pages and, then, I will finish up
at the last little bit and, then, open it to the Council for questions and discussion.
De Weerd: Okay. Becky, just for the record, why don't you introduce yourself, so, then,
you can just have a seamless exchange.
McKay: Sure. I'm Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian.
Business address.
De Weerd: Thank you.
McKay: Representing Mr. Centers.
Morgan: All right. So, here is our first slide and if we just -- this one tells why we are
here, which I think we have kind of covered. If you -- if we go to the next slide --
McKay: Do you want me to go through this?
Morgan: Why don't you, Becky.
McKay: Okay. We kind of had a little order -- we broke up in an order, so we
appreciate you guys bearing with us here. We created this map and, basically, what the
-- the purpose of the map is to demonstrate where the existing city limits lie. The tan
areas are your existing city limits. We kind of labeled some of the projects that have
either been approved or are on their way to coming into the city as far as a subdivision
is concerned. We also have the Hawkins property that was a large mixed use
development. The City Council did rule -- or did determine that they would annex and
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October 30, 2012
Page 5 of 23
zone it. However, they have not, obviously, completed their development agreement
and the ordinance amended or adopted, so they are not officially annexed. We also
show Mr. Centers' property that is currently under his ownership at this time, it's a total
192 acres and, then, the blue property is Mr. Hansen's parcel, which you can see goes
in front on Victory Road.
Morgan: Now, addressing some of the stuff that Mr. Barry was talking about. We'd like
to update you a little bit on what has changed since the last time the district was before
you. I think one of the biggest issues that has changed is they are no longer a water
and sewer association, they are now adistrict -- a taxing district that has authority, by
state law, to tax and to do all that kind of stuff. So, I think that is a very significant
change. The next thing that has been done is we have designed, built, and it is
currently in operation a new municipal water well that meets all municipal standards. It
was approved by DEQ, that was constructed, as you can see, for about 355,000 dollars
on one of the existing well lots. Like I said, it is currently in operation. It is under full
compliance with all DEQ -- or Department of Environmental Quality standards. Along
with that, all district sewer and water facilities are currently in compliance with the
Department of Environmental Quality. And the last time that we were here before the
Council there was several outstanding issues and it was in some cases almost a state
of emergency for the district. That is no longer the case. We have a viable system that
is operational and at least for the foreseeable future will meet all regulations. Obviously,
rules change, things are updated, we can't guarantee that in the next five, ten, 20 years,
but under current rules and laws we are -- they are fully in compliance with all state
issues. The district has also gone out and searched for and received a revenue bond
approved. Some of that bond has already been levied or utilized. It had been
approved, obviously, by the district and so they do have that financial backing now,
which is something they didn't have in the past. And, finally, for the district they have
gone out since our last -- since they have last been before you and they have TV'd and
camera'd all of the existing sewer lines. They have found a few minor issues, but the
current state of the sewer line was not nearly as bad as feared the last time that the
district was in front of the Council. So, I think that is important. Not only have they TV'd
those, they have identified some of these minor problem areas that have -- they have
come up with and as Tom pointed out have come -- put together a five year capital
improvement plan to resolve all of those issues that the TV camera'ing has found. So,
as far as the district is concerned, those are some of the major changes since last time
they were here and with that I will turn the time back to Becky and she can talk about
some of the other stuff.
De Weerd: Okay. Ryan, I think Councilman Hoaglun has a quick question and just for
the record I will say that Councilman Rountree has joined us.
Hoaglun: Thank you, Madam Mayor. Ryan, the land application permit, how long are
those good for? Is it a five year permit? Ten year permit? Until rules change? Can
you enlighten me?
Meridian City Council
October 30, 2012
Page 6 of 23
Morgan: The current land application permit was just renewed and is approved for a
five year period.
Hoaglun: Okay. Thank you.
De Weerd: Thank you.
McKay: Becky McKay. Thank you, Members of the Council. We truly appreciate you
guys giving up your time to meet with us, because we know a lot of time has been spent
on this in the past and we -- we think we are forging a new pathway that will work for
everyone. One of the other things that we wanted to talk about was what has changed.
We did -- there is a quiet title action that Mr. Centers filed concerning his perpetual
easement for land application. There is a pending condemnation action on the Centers'
40 acres that is encumbered by the Meridian Heights Sewer and Water District. We
have been working together holding workshops, talking, working with lawyers, without
attorneys, trying to create a cooperative spirit and making a significant effort by both
parties to tackle this task. It's important that we identify the issues and that we seek a
mutually agreeable solution, so that's what -- what one of our goals has been from the
very beginning. Mr. Hansen, who has agreed to cooperate, he attended the workshop
yesterday -- or his son attended the workshop yesterday. He's agreed to annex his
property, which, therefore, would make Kentucky Ridge contiguous with the city limits,
which last time was an issue. And he has agreed to allow Mr. Centers to construct
Meridian sewer and water improvements and provide the necessary easements to the
city. The other thing that has taken place is Mr. Centers has allowed us to do some
land planning on his property. The 192 acres, I need to qualify, does include the land
application, but he has a large property. He lives on that property. He cares about what
happens in that section. Meridian infrastructure is important to him. Coming into the
city is important to him. Future development of his property is also a goal of his. He
has made a financial commitment to expand sewer and water facilities at his expense
and make that single point sewer connection to Meridian Heights and Kentucky Ridge.
Also in doing -- extending the water it would be stubbed in the event that they were to
connect onto the city at some point in time. So, our objective here is to work with the
city, because, obviously, the two parties, Mr. Centers and the Meridian Heights Sewer
and Water District, can't do this alone. We want to work with the city to develop a
mutually beneficial and financially feasible plan for all parties and that is our objective,
because we know that that is extremely important to everyone and I guess you may be
asking yourselves, you know, what is the incentive for the city to participate. You know,
I have heard comments: We have been down this road before. Well, I think that a lot of
things have changed. The district -- these people have really -- really, you know,
reached some milestones as far as what they have done with this small district to
achieve some of these goals they have set for themselves. We believe that you will
creating an opportunity for annexation and future development within this section. Also,
you know, exploring how we can annex Meridian Heights Sewer and Water District.
Obviously, resolve these legal impediments would be a first priority and allow the
development of this section. You know, not only Meridian Heights may occupy roughly
-- and Kentucky Ridge approximately a little over 100 acres, there is about 534 acres in
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October 30, 2012
Page 7 of 23
this section that isn't developed or isn't fully developed. There is a lot of potential out
here. Meridian Heights also has a 16 acre site, which includes some open space, there
is a buffer, and, then, where the existing ponds are that has future development
potential. And I think it's important that the city extend -- you know, allow extension of
services. If you look at that map that I provided, you know, the -- it has grown toward
Victory Road and if we go east of Meridian Road it's gone south of Victory. So, this is a
logical progression of development and extension of city infrastructure. You know, the
city has a tax base as far as all of their long range sewer planning and water planning,
you know, they are also anticipating that these properties will develop. The city has
spent a lot of money extending that 36 inch sewer trunk line across Interstate 84 prior to
the Ten Mile interchange construction and I applaud the Council that they have had the
foresight to set priorities for the infrastructure extensions and I think that has been the
secret of your success and I remember the day when I would go to other municipalities
and they would say, well, we don't want to be a bedroom community like Meridian and
just approve all these subdivisions. Now they all want to be like Meridian, because you
guys have blossomed, the roof tops came, the commercial followed, schools followed,
parks -- I mean you guys are the model now of development and positive things in a
tough economic environment and I applaud you. We feel that this would be a
permanent solution. That's -- that's what we are looking for. We are looking for some
type of a road map, a phased plan, but something that is a permanent solution. We are
at the fork. of a road right now and like one of the board members said, we can go Road
A or we can go Road B and so we want to make sure that we -- I guess give this one
more thought before they take Road B and I guess that's what we are asking for the
Council to do. We are asking that they authorize the staff to work with us. I know they
have done a lot of -- a lot of homework and spent a lot of time on this and I don't think
that that time has been wasted, because I think that time is useful and I have gone back
through the record and I have a stack of minutes on this that date clear back to 1995
and -- so, for 17 years this has been discussed. It was discussed when I brought Bear
Creek through and we were doing an interim lift station. Should we or should we not
oversize that lift station and Gary Smith made comments and said, you know, we just
don't have the capacity until we run another trunk across I-84 at this time -- or at that
time, then, we should consider taking on Meridian Heights and Kentucky Ridge. So, for
17 years this has been discussed. I don't think it's going to go away and I think we have
a great opportunity here and I hope the Council will embrace it. Ryan, do you have any
closing comments?
Morgan: I would just like to, in a sense, support what Becky has said. We are definitely
at a crossroads. There are several -- as Becky mentioned, several legal cases out
there that we can go one way or we can go the other way, depending on the outcome of
those legal cases, which may or may not proceed forward based on the outcome of
what is decided here tonight and the near future. This may be potentially the last time
for 15, 20 years that this option is out here in front of the Council again, because
depending on the outcome of some of these legal cases our district may, in fact, end up
owning the land application site and, therefore, that 40 acres, along with the 16 other
acres that Becky referred to, will belong to the district and there won't be potential
easements out there, because we all understand that perpetual easements are only
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October 30, 2012
Page 8 of 23
good for -- until legal cases come about. So, there is some incentive here I think for all
parties to work together to reach an agreement that is mutually beneficial and that's --
that's why we are here. We understand that there is potential on all sides and we are
willing to work with Mr. Centers, with city staff and as long as the Council allows us to
do so. Thank you.
De Weerd: Thank you. Ryan. Thank you, Becky. Council, do you have questions at
this point?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba
Zaremba: I think Tom mentioned that -- or you had it in here that you did a survey of
the citizens to assess their willingness to annex. What was the result of that?
Morgan: They did do a survey. It's been several years since that survey was
conducted. At that point in time the numbers were 66, 67 percent in favor of
annexation.
De Weerd: I think it was 76.
Morgan: Sorry. Seventy-four.
De Weerd: Seventy-four.
Morgan: Seventy-four percent in favor.
De Weerd: Okay. Mr. Hoaglun?
Hoaglun: Well, Madam Mayor, it's tough -- we are trying to keep this at the 30,000 foot
level and there is tons of questions and details and different things that -- that I have. I
guess one of the questions Ihave -- and I don't know if Mr. Barry or you, Ryan, would --
or Becky might respond to this, but if this moves forward and we come to agreement,
one of the agreements that I'm unsure about is we have already two developed areas,
Meridian Heights and Kentucky Ridge and, then, there is other open property out there.
How will that fit into the whole picture of the sewer infrastructure? So that's a question
that I have that -- we don't need an answer now, but I'm unsure how that's going to look
down the road and so -- I don't know, Tom, if you have some thoughts on that to
enlighten us a little bit, I'm sure you guys have given it some thought.
Barry: Thank you for your question, Councilman Hoaglun. And we have given that
thought. We have actually looked at it internally in our department and we have talked
with Mr. Centers and also the Meridian Heights Water and Sewer District about this
minimally and the master plans that we have identified for development in that area can
accommodate both the addition of Meridian Heights and Kentucky Ridge, in addition to
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October 30, 2012
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the surrounding undeveloped land in the plans that have been proposed at least at this
point in concept.
Hoaglun: Okay. Thank you. Appreciate that.
De Weerd: Okay. Mr. Zaremba.
Zaremba: I would add a comment. I attended what I believe was most of the meeting
that happened yesterday. I had to leave a little bit early. I'm not sure how long it went
after that, but I was impressed, one, with the progress that has been made since the
last time this was on my radar screen, but also the spirit of cooperation and let's work it
out and see what we can do that's the best for everybody. So, I was pleased with the
progress on both points and I came away from that meeting knowing that there were
more things to be worked out, but the Council's last standing order was that the staff
should not put any more time in on this and I was convinced during the meeting
yesterday that it would be worthwhile to Meridian to help resolve this, be involved with --
with the other parties to some extent, setting a precedent for what may be half a dozen
other county subdivisions that at some point will have not these exact problems, but
other problems. If we can set a template for resolving those problems as they come up
for annexation, Ithink --Ithink it would be worth authorizing our staff to get involved in
this and .stay involved with it with the eventual objective -- object of everybody getting it
solved and hopefully annexing them all into the city as well. Personal opinion.
De Weerd: So, I guess, Council, the question in front of you tonight is as these entities
--Ithink you know there -- it is a crossroads. There are -- there is a legal action
pending and certainly we are looking not just for ashort-term fix, but looking at the long
term and this is abutting our city limits and it is in our area of impact and we -- we
should be looking at the long term and how it can benefit this area, as well as our city as
a whole. But as I know that the meeting that we were involved in, we don't want to do
this forever and we just want to find a resolution and move forward and this is -- this is
the last attempt and unless the Council really will seriously consider that, we don't want
to waste anyone's time, effort, or money and see, Rick, I represented you on that one.
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: The one -- and I'm in agreement with a lot of what you said and that's why
when we had that meeting and I could see some things had changed, even though I
haven't had the history -- in fact, in many ways I only went back to 2006 minutes, Becky,
and started from there and moved forward and it was like the movie Groundhog Day, I
was like, wow, I have been there, but I wasn't there then. But it was the same thing.
And -- and kept reoccurring and -- but in the last meeting things have changed. Ithink
the presentation shows some things have changed, there is some dynamics out there.
The one thing that I'm concerned about, if we say, okay, folks, let's see what we can do,
staff will work together, try to make this happen, is -- is the annexation issue and we are
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October 30, 2012
Page 10 of 23
using data that's a couple years. I mean anything that's more than four years old, you
know, look what our country is going through presidentially you can whipsaw back and
forth between two different deals and that's the same at the local level. That -- that is a
concern to me and I don't know if we move forward with this at what point do you say,
okay, we need to go out there and make sure that the folks -- because as I have read all
along and I'm in complete agreement what the Council has done in the past and that's
not forced annexations. So, that's -- that's a big question mark out there that I think
should be answered sooner, as opposed to later. So that's a concern I have.
De Weerd: And I guess the question is is there a reasonable expectation from this
Council as to what that means. Is it 50 -- 50 percent plus one? Is it -- because I will tell
you that a hundred percent is unreasonable and I think that the folks sitting probably in
this room are curious as to what that means. I just will tell you that -- what is the
subdivision behind -- over there at the corner of Eagle Road and Ustick that we
annexed it lot by lot.
Bird: Carol Subdivision.
De Weerd: Carol Subdivision.
Zaremba: On Leslie.
De Weerd: That is not the way to do it. You go and say who wants to annex and who
doesn't and those that want to annex in annex and those that didn't haven't and that is a
mess and we created that. We don't need to -- that's the definition of insanity is doing
the same thing over and over and expecting different results and that's not the right way
of doing it. So, if there is -- if there is a majority that -- that are not opposed to it I think
we need to look at that and we need to have this group of folks know that annexation is
part of this discussion and it always has been. But it is managing what are those
expectations and what is the expectation on the -- on behalf of Council to that tipping
point.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I think the Council and Councils even before I was on the Council have stuck
to a principle that annexation and water and sewer services are linked in a way that they
can't be separated, that if we are going to provide services we need to annex. If we are
going to annex we need to provide the services and there is some health and safety
reasons for that, things that would be perfectly legal and safe in a rural environment, as
an area urbanizes it is not to everybody's health benefit for individuals to have septic
tanks and their own private wells or even a lagoon system that's different from our
present system. So, to me those two have always been linked, that if we are going to
provide the service we require the annexation. To me that's a voluntary annexation. If
they want service that's included and when we talk about a majority or a super majority,
Meridian City Council
October 30, 2012
Page 11 of 23
to me that's a method of how a group decides whether or not they are all going to annex
and I believe our recommendation to this group has been that among them they vote
and get a super majority. But the point of it is not that 66 percent of them would annex,
but a hundred percent of them would annex based on that vote. So, I unless somebody
has a different idea that's the way I think about it.
De Weerd: I think you have three attorneys that are going to be putting their heads
together on this and they will figure that out, because I think that's a point of law and so,
again, that's probably an expectation you can expect to come back in the form of a
recommendation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I will try to get through here. I got one question and we don't have any history of
having annexed an area that has an already established sewer district. I'd like to see
the parameters of how we work within that. I know Boise does and other areas have
water and sewer districts within their city limits that they use. That's something new for
us. I would like to be clear on that. Being one of the -- between Councilman Rountree
and I, I think we have sit on most of the deals on this. This is a very very good
application. This is the best I have seen presented. I can certainly go forward with our
staff looking into it, with you guys working it out, but I do have -- I have one question on
how do we work within aself-taxing sewer district.
De Weerd: And I think that -- that information definitely will come back in working
through the discussions.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: And I apologize for the delay. I got a note to tell me why I was late.
De Weerd: From your wife or your doctor?
Rountree: No. It was from Jaycee and she keeps track of me well. And the original
agenda did say 5:30, which I intended to be here at 5:30, but it was later amended, so I
missed the amendment. I apologize. Yes, we have dealt with this on numerous
occasions and in all fairness I'm a bit frustrated, even though there appears to be
progress made. The Council has been adamant through the years that annexation is a
requirement and I believe it's a requirement in order for the city to have some ability to
get any contractual arrangement followed through with. Without being annexed and
part of the city I do not believe any agreement made with any entity -- if they decide to
back out and we are already receiving their effluent, that we have any resource. Yeah,
we have all got lawyers, we cane spend a bunch more time with our lawyers -- the
Meridian City Council
October 30, 2012
Page 12 of 23
bottom line is we are going to continue to receive that effluent. We won't be able to turn
it off, as we have been told on numerous occasions. We could do that if it came to that,
which we can't. There is no way. The other issue I have is that I think in 2006 it started
out the potential liability to the City of Meridian -- repairs was about two million dollars.
In about four years that grew to about four -- little over four million dollars. That's just
the liability with the infrastructure that's in place. It doesn't address the lost cost or the
lost revenue to the city. Even if we annex we lose the impact fees or potentially the
impact fees for fire, for police, for parks and recreation that 285 new homes built in
Meridian would pay. To me that's a loss to our taxpayers and our ratepayers and it gets
to the point of fairness. Becky used the word financially feasible plan. If this is to move
forward I need to hear somewhere out there that somebody besides the City of Meridian
is willing to accept and provide surety to the City of Meridian to accommodate a
potential loss of revenue and a potential liability and my number, just roughly, is
somewhere between five and eight million dollars. That's a lot of money that's not
chump change that we have heard about, well, that's not much money to do this, it's not
much money to do that. There is no issues with this system up there. We can enter
into an agreement, we can stagger into it, but once the stuff starts flowing there is no
out for the City of Meridian. All we can do is get into a legal hassle. I don't want to do
that to a future Council. Having said that, that's my issue. Am I a reasonable guy?
Some of you are shaking your head and say no. I'm a very reasonable guy, I'm willing
to work out compromises, I'm willing to give what the fourth I can give from a Council
perspective, but the bottom line is is our ratepayers. Mine and all of our constituents.
They have invested millions and millions and will be investing multiple millions more in
our city, not just in the water and not just in the sewer facilities. So, from whatever
basis we move forward, it -- you need to know that's my position. It's got to be fair and
it's got to be equitable and until I hear that it's going to be, I have a tough time moving
forward, because so far it's always been, well, city, you bear those costs and I'm not
willing to do that. So, if we can come forth with a fair and equitable solution how the city
can be insured or some surety is given to the city that we can collect if things go
backwards, fine.
De Weerd: Okay. And I guess I will ask Council and just -- just to also go on record
here as well is these subdivisions, although they have been in the county, they are
Meridian. They are in our area of impact, they have Meridian addresses, and like some
of our older subs, they didn't pay impact fees and they haven't paid the kind of hook-up
fees that we are charging now and there is going to be a balance. These folks have
already been using our parks and our fire department is responding to them in their
calls, because they are within our response area. Our police department, whether we
want to admit it or not, they are responding out there as well through mutual aid. So, I
think we have to be realistic in our understanding of this, too. These are not new homes
and they understand what comes with that and that there is some code issues and how
we can bring some of these up and there are challenges. But I think we have a good
group of heads that can come back with an equitable proposal, but we also have to be
realistic in what our expectations are and it isn't a new sub. So, I -- I understand what --
what you're saying, Mr. Rountree, but I also say it is what it is and it's one of the
Meridian City Council
October 30, 2012
Page 13 of 23
reasons why the -- the city has opposed urban densities in our area of impact, because
it provides
some challenges. But these are Meridian addresses that I consider Meridian citizens
and I hope we can find a solution. With that said, Council, I have heard the majority say
let's move forward, let's have our staff work on this, come and work on a proposal to
bring back; is that correct?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: That's correct in mine, but I don't want something dragging out that's going to take
-- that's going to cost us 150, 200 thousand in staff time. I want it done and done
quickly and get it back in here to us.
De Weerd: I think everyone agrees --
Bird: Get all the answers -- get all the answers that Councilman Rountree -- and I have
--- I have the same questions he does and the same concerns.
De Weerd: Okay.
Hoaglun: Yes, Madam Mayor, I think we should go forward, do it as quickly as possible
and as thoroughly as possible, of course, and, you know, it doesn't preclude this Council
at the very end saying no. I don't want to give anyone any false hope, but at the same
time I think with the progress that's been made and the staff's work and the folks that
will be involved, I hope something can come together. Not to put any pressure on you
guys.
Zaremba: Madam Mayor, I have many of the same reservations, but I do feel that we
need not only to resolve this one, but to be prepared to resolve what's half a dozen or
ten others as you mentioned and the county has been allowing denser operations,
denser developments that don't meet the city standards in a number of ways and we
need to figure out how to accommodate them at the time that it's appropriate to annex
any one of them. So, without promising anything I am very much in favor of staff
continuing to be involved in what could be a solution. That doesn't mean that I want
staff to do all of the work. Mr. Centers and the district have intelligent people among
them and attorneys that they hire and I don't see the city doing all -- all the work that
needs to be done for them, but certainly to participate and I would add in order to
address some of the issues that Councilman Rountree has mentioned, which I also
share with him, I don't know if our Community Development Department has been in
this loop, but I would suggest that they now should be.
De Weerd: Well -- and I did mention to the parties when we all got together the county
should be part of this discussion and I still believe that. Mr. Rountree.
Meridian City Council
October 30, 2012
Page 14 of 23
Rountree: Madam Mayor, I would just add to that that this should be the county's
discussion, but they have a way of having things filter down. I'm okay with moving
forward with staff spending some time on this. I don't think staff should be doing any
analytical work for the folks that are involved. I think they should be reviewing what
work is being done and provide respectful and thorough analysis of that and comments
and seek comments back. I think that information should come to Council. I believe it
should be done in short order with minimal expense on all parties. I know that's been
an issue in the past. You have spent a lot of money and got nowhere. I understand
studies cost money and I understand Becky's hourly rate is one to be respected, as well
as the rest of the legal folks that are involved. So, moving forward at post haste I can
tell you I believe you understand where I'm coming from. If you don't maybe we can
speak afterwards, but it's going to have to be way more commitment and reflect the
ability of the City of Meridian not to incur a major liability.
De Weerd: Does the district president or Mr. Centers have anything you would like to
add? If you could, please, state your name and address for the record.
Hamilton: I'm Gordon Hamilton and I live at 3496 South Arcaro, Meridian, Idaho.
De Weerd: Thank you, Gordon.
Hamilton: And I just want to express my thanks to Madam Mayor and to the City
Council for giving us this time today and that's really all I have to say
Rountree: Thank you.
Hamilton: Thank you.
De Weerd: Thank you. Hi, Lee.
Centers: Lee Centers. 3770 South Linder. Thanks for hearing what we had to say
and, hopefully, we can come up with a resolution. I'd like to be involved and hope that
we can develop that area someday and thanks again.
De Weerd: Thank you. Mr. Barry.
Barry: Madam Mayor, thank you for the dialogue and I appreciate Council hearing this
item also and I do appreciate and support the efforts of the district, Mr. Centers, Mr.
Hansen, and all the other agencies and property owners that have been involved in this
behind the scenes. We have -- I do have answers to some of the critical questions that
staff would need to have and I think the district would appreciate as it relates to
annexation, but there is one outstanding that I'd like to get some guidance on so that we
can manage expectations going forward. So, first I'd like to just repeat back what I think
I understood with regard to the annexation issue, since we seem to have permission to
continue our work with the entities involved. The first one is annexation required and I
understand the answer to be yes. The second question will -- will annexation be
Meridian City Council
October 30, 2012
Page 15 of 23
required of all people at the same time and heard yes to that. Also what I don't know is
regarding the consent to annex, how many is enough. That would be important,
because I see that as a major show stopper at the very beginning of this. If annexation
is tied to extension of services and the Council is uncomfortable with a certain number
that are not willing to annex, that -- that could solve this situation at the very onset. So, I
would appreciate some guidance. I know that's a difficult question and I'm sorry to pose
that to you and particularly at this stage of the game. If you'd like we can come up with
something in the interim, but I'm afraid that there would be a lot of time expended to find
-- only to find out an answer that might not be favorable to the Council at a later date.
So, I guess I would turn it over to you with the hope that maybe you could enlighten us
on that subject.
De Weerd: Thank you, Tom.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I guess to follow the form and format of our legislature, 66 and 2/3rds would
be the upper number I would shoot for and whatever might be less, but a super majority.
think critical to that, though, is that the folks that are being asked understand what that
means, because we know there is a lot of nonconforming uses. We know there is going
to be fees involved. We don't know which ones. If we did it as a group it might be less
expensive than if we do it on an individual basis. Those are the kinds of things I think
the legal and staff need to work out, so they can approach the people with a fair and
thorough explanation of what it means to them, so they can voice a legitimate response.
De Weerd: Pete?
Friedman: Madam Mayor, Members of the Council, I think those are good points and as
far as, you know, you established a ceiling, I think the statutes establish a floor in terms
of the percentages who may or may not be in favor and Mr. Nary and I and Bruce have
had a little bit of opportunity to talk about it this afternoon, but it might be that you might
want us to come back and do a quick department report here at your next regular
meeting just in terms of the legalities of the annexation, so we can address the fee
issue, the percentage issue, and that sort of thing. I don't think it would be a long
discussion. And, then, as we get more involved in this process, one of the thoughts
have had was aside from all the legal requirements for hearings and things like that, it
might be beneficial for us to put on some form of a town meeting or town hall kind of
what we did for south Meridian and get the departments there and talk about what the
implications -- just of annexing into the city are without talking about -- I mean we can
talk about sewer assessment, but talk about code compliance and just what it means to
be in the City of Meridian. Kind of outside that -- that hearing arena and just do a more
informal -- build that into the process as we move forward.
Meridian City Council
October 30, 2012
Page 16 of 23
De Weerd: Well, Pete, have you been involved when we did Edinburgh and Vienna
Woods?
Bird: No.
Friedman: That predated me.
De Weerd: That predated you.
Friedman: Yeah.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Those were -- those were set in place -- the annexation was set in place before
the sewer was ever given to them and they put in their own water. So, it's -- this is a
completely different realm.
De Weerd: I understand that, but staff did meet with the residents prior to the
annexation --
Bird: Yes, we did.
De Weerd: -- and laid it out. There were good questions and dialogues and certainly
that's what we need to be prepared to talk with the residents about. Mr. Nary, were you
involved in that?
Nary: Yes, Madam Mayor.
De Weerd: Okay. So, maybe we can put our heads together in that regard, too. But I
think that's a great idea, Pete, to bring it back in our department report and kind of talk
about the expectations, legalities, there is classifications A, B and C and all kinds of
stuff that keeps the legal profession employed.
Nary: Awesome.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Not to volunteer somebody who is not present in the room to defend himself,
but my recollection would be that possibly Steve Siddoway might have been involved in
Planning and Zoning at the time of Vienna Woods and might have some knowledge
there.
Meridian City Council
October 30, 2012
Page 17 of 23
Nary: Madam Mayor and Members of the Council, Councilman Zaremba, the -- one of
t_he public meetings that we attended Caleb actually managed the --
Zaremba: Okay.
Nary: -- that particular process and we -- you might obviously recall, Councilman, Caleb
handled this as well. We had 32 parcels about three or four years ago that were
enclaves within the city, we ultimately annexed I think 28 or 29 of those parcels. Caleb
also had sort of managed that process. So, I think in advance of a discussion maybe at
the workshop on the 13th possibly of just what some of the process and legalities are
between Pete and Caleb and myself and Bruce and we can kind of at least lay out some
of that process with you as we work, you know, parallel with this -- you know, other
process along with everything. But that might be a date we could bring something back
to you as a department report.
De Weerd: Okay.
Friedman: Madam Mayor, Members of the Council, yeah, I think, you know, we can first
hit those legalities kind of, you know, identifying what process we are using and how --
and, actually, it may be two after reading the statutes. I'm not sure. I haven't had a
chance to speak with Mr. Nary about that. They might be two parallel annexation
applications, if you will. And, then, I think once we can do that and before we engage
the community there, then, allow all of us on staff in our discussions with the district and
so forth to build just a work plan just, you know, kind of a plan for moving forward and,
then, you know, the town hall meeting, whatever, might be one element of it and a
discussion about cost and infrastructure cost and assessments and things like that
might be another, so --
De Weerd: Okay. Mr. Barry.
Barry: Thank you, Madam Mayor. And that is similar to the meeting that we worked
with Meridian Heights Water and Sewer Association at that time several years ago. We
had that very meeting. We had a neighborhood meeting on annexation and addressed
those questions and that's what helped the district or the negotiations at the time and
helped with getting the consent to annex forms and those sorts of things and we had
planning representation at that meeting. I think also legal representation. So, it sounds
like something like that after the staff report would be something that would need to
happen again anyways. So, I heard a ceiling of 66 and 2/3rds. You know, I think Pete
kind of touched on it. I'm -- if that's the ceiling and we have got some flexibility, I think
that's good enough for us to put something together I think going forward and, then, we
will take the information that comes out of the staff report and, then, plug it in. There is
one other question that I did want to ask and that is I want to get clarification that the
annexation -- the actual process of annexation will include all properties at the same
time coming into the city, whatever that time is, not a phased approach. I believe that's
what I heard. That question has been asked of me to ask the Council. So, we know
how to put together a proposal going forward.
Meridian City Council
October 30, 2012
Page 18 of 23
De Weerd: Phased approach? No.
Hoaglun: Madam Mayor and Tom, when you say all properties, does that include farm
ground or are we talking just subdivision property?
Barry: We are talking about the properties that are in play at the moment, which I
understand to be Mr. Hansen's property, Mr. Center's property, and the Meridian
Heights and Kentucky Ridge Subdivision and potentially anyone else who wants to
come on as part of this process.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: My take would be on that -- who is receiving -- whose sewer are we receiving and
that's when we start receiving their sewer, then, they come -- and they become
annexed.
De Weerd: I think it's probably cleaner to just do it all at one time.
Bird: Yeah.
Barry: I appreciate the answer and that will help guide the discussion going forward. I
believe those are all the questions I have and I stand for any questions you may have of
me or the staff.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Tom, just a guesstimate of time that's going to be involved. Staff time.
Staff: Oh. Are you looking hour or months?
De Weerd: Well, they said ashort --
Rountree: Preferably not years.
De Weerd: A short time frame, Tom.
Barry: How about we do this --
De Weerd: Or how many slides.
Meridian City Council
October 30, 2012
Page 19 of 23
Barry: Yeah. That would be -- okay. Now, when are we going to stop that. Okay. All
right. Here we go. I understand that the district and Mr. Centers have some time
frames that they are working under that take them through the end of this year. My
suggestion is because those time frames are important to them, that staff attempt to
work between now and the rest of the year to get them to some meaningful and
substantive position and, then, bring that back to the City Council. So, I guess what I
would ask for at this point in time is you to allow staff to work between now and
December 31st to show significant progress and, then, come back to you in a report,
hopefully, a joint report and, then, at that point you can make an assessment if it is
worth continuing our time on this particular project and proposal or if we should just
make the decision, then, to part ways. So, I can't, Mr. Rountree, at the moment scope
the work yet to know how many hours of staff time will be involved. It will probably be
noteworthy. But if we can come to a resolution between now and the end of December
-- and much of the work has been done based upon past activity by both the city staff
and the district, but if we can get to the end of the year to work on a good proposal I
would certainly be appreciative of that and think that that would be a significant amount
of time for us to at least show you some sort of major progress on the proposal.
De Weerd: Becky.
McKay: Madam Mayor, I just want to assure the Council that, you know, we will. be
participating and trying to bring forth information for Mr. Barry, so that they are not doing
the calculating and, you know, what -- budgeting for the sewer district, budgeting for Mr.
Centers, you know, that we try to work out as much as we can amongst the two parties
and provide him summary information, you know, and if the staff determines we can't do
that or we can do that, then, we know where we are. Heather Cunningham on behalf of
both the district and Mr. Centers has a closing statement just quick, please, if you would
entertain that.
Hoaglun: And, Madam Mayor, before Becky leaves, Tom's discussion there about
coming back at the end of the year, first of January, whatever that works out and saying,
okay, here is where we are and we can kind of have an interim -- does that work for
you?
McKay: Yes, sir.
Hoaglun: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just between Tom and Mrs. McKay, I guess, just to be sure what the
deliverable is, the objective is that at some point we are going for a full annexation and
there will be issues that need to be resolved that don't necessarily need to be resolved
-- what we are going for is a contract that may have some time period to it for resolution
Meridian City Council
October 30, 2012
Page 20 of 23
of deficiencies or, you know, whether they are Planning and Zoning or Public Works
related deficiencies and I'm --
McKay: Correct.
Zaremba: -- looking at the rest of the Council, we are -- the deliverable back to us the
2nd of January or whatever -- whenever it is -- some thought about what that contract
would be, identifying a timeline, identifying the things that need to be fixed, identify who
is paying for them -- is that what we are looking for?
McKay: Madam Mayor, Councilman Zaremba, I think we may be able to glean some
information from the city of Boise. They set forth a 15 year plan --
De Weerd: You're not supposed to say the B word in this council chambers.
McKay: I wasn't aware of that.
Rountree: Our eastern suburb.
McKay: Okay. To the east. But they sat down and seta 15 year plan with Golden
Dawn Mobile Home. Subdivision and the .Barberton Sewer Association that had a pond
down by the Boise River, lagoons, very similar, that were in excess of 40 years old and
they set kind of a road map and goals and guidelines as far as liability, what was going
to be done as far as upgrades, who was paying for what and have I read through their
public works commission minutes and, you know, they have a very definitive plan and I
think -- I can give that information to Mr. Barry. I have also talked to John Tensen, the
public works director, and got input from him and guidance on how -- how we should
address this and so I think -- I think that's beneficial. Don't want to recreate the wheel if
we don't have to.
De Weerd: Okay. Heather?
Cunningham: Thank you, Madam Mayor, Members of the Council. My name is
Heather Cunningham. I practice with Davison and Copple in downtown Boise. I
represent Mr. Centers in this action. I'm not intending to give a closing. I can't speak
for the district, but I can say that the attorney for the district, Susan Buxton and I, have
worked very hard together to try and move away from litigation towards settlement and
the biggest concern I have in leaving here today, because I really appreciate everything
that's been said by everyone and I wasn't intending to say anything myself, but I have
this concern based on the way the question was phrased -- I realize that annexation is a
primary concern. We all agree and understand that. But it's one of the many variables
as I'm sure you know and I'm trying to stay at a 30,000 foot perspective, I don't want to
lay down the gauntlet and draw the line in the sand and have you say if you can't bring
back a plan that involves annexation of every property in both subdivisions and the
district's 16 acres and the Hansen 16 acres and Mr. Centers' 192 acres all on the same
day that you won't look at it. Because if that is the way it is, it probably isn't going to be
Meridian City Council
October 30, 2012
Page 21 of 23
totally productive. And so I just want to make sure we are all on the same page here
going forward. Some of the workshops that we have had together -- and I didn't
participate in the one yesterday, but I mean between Centers and the district, we have
talked about all kinds of things, like a contract that involves annexation of the
subdivision properties over time, maybe starting with one subdivision before the other or
not. Maybe starting with the Centers property and having voluntary annexation of some
of the subdivision properties over time. Different ways to incentivize annexation,
whether or not we can do it if there is 60 percent level or not. How to get there. I'm
sure you understand that there is all these variables, because it may not be possible
with these older subdivisions and the reality the way it is to tackle sewer, water,
annexation, pond condition, everything else all at once. What I'm asking is if we come
to you with a plan that did have a road map for how and when annexation would occur
and that would end up with all these properties annexed, but maybe not all at the same
time, would you look at it. Because, if not, I don't know that we are setting a realistic
expectation going forward. Does that --
De Weerd: I guess, Heather, as long as the plan has an enforcement tool and that's --
that's the concern is once you get too far down the road and -- memories and short term
-- I know what I don't want to do is have a patchwork annexation like we did in Carol
Sub where you have neighbors that are -- some are in the city and the one across the
street is in the county and the one next door is in the city and -- that's -- that's a mess.
Cunningham: I understand that.
De Weerd: And it is a mess for law enforcement, because we are supposed to respond
to city and the county is supposed to -- the sheriff is supposed to respond to the county
and you have them next door to each other it can get really cumbersome.
Cunningham: And, Madam Mayor, I fully appreciate that, I just want to say I'm not
speaking here for the district, I'm just saying, you know, as a litigator I like to fight and
the only reason I'm here is because I honestly believe that the best solution for the city,
the district, and Mr. Centers and Mr. Hansen is to craft this global approach going down
this road.
De Weerd: And we like this new you, Heather.
Cunningham: Thank you. But we have to be realistic that everybody has some limits,
so what I have encouraged the district and Centers and what I'm asking the city as well
is if we don't draw hard and fast lines in the sand like you have to do everything at one
time, it will be a lot easier to craft a solution. So, I'm just asking you -- and I'm not sure
if -- coming before City Council is not my forte, I'm used to coming before the court. But
what I'm asking is if you're open to the possibility that if Susan Buxton and I and Bill
Nary and the district and everybody can craft something that allays your concern about
enforcement and that results in at some point in time all those properties coming in, are
you open to the possibility that they come in in some sort of phasing or tiered, possibly,
but I don't know that it's realistic to do it all at once. Does that make sense?
Meridian City Council
October 30, 2012
Page 22 of 23
Hoaglun: Madam Mayor?
Zaremba: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I like the term road map, because I think it gives us a way to envision how this
thing will flow down the road and for years to come. I think the Mayor touched on it, if
there is a plan that is workable for everybody that -- and especially when I look at the
vacant land, because I don't want the developed land -- when they come in they are all
coming in and -- but if there is a plan that brings the other property that hasn't
developed yet, but it's going to be annexed in the city at certain points and those are
things that are yet to be worked out, like the Mayor said, if there is an enforcement
mechanism or some legal mechanism and leave that to lawyers to figure out, that if Mr.
Centers decides an offer comes along and he's going to sell all his property and go off
to Arizona in the wintertime, that agreement is still in place with the city and we don't
have a big fight on our hands. So, from my perspective we can -- I think we can discuss
these things and see what options are there and as long as we have -- have things to
make sure it does move forward as we end up agreeing to the plan. So, that's -- that's
just one of four.
Cunningham: Thank you.
De Weerd: Mr. Zaremba?
Zaremba: Mr. Hoaglun pretty well identified what I would say, that the one thing that
think I do understand is the Hansen's probably have to be first. I think they are the key
to the contiguity. There is no pathway to annexation unless they are first. So, it would
still have to go in logical order and I would certainly look at a plan that had big blocks
that didn't all come at once. I think the Mayor and others have said if we are talking
about a more developed section, neighbors having the option, that's not -- that's a no
starter for me.
De Weerd: Thank you.
Cunningham: Well, thank you again for letting me talk and for your spirit of cooperation.
Zaremba: Thank you.
De Weerd: Okay. Tom, was there anything else?
Barry: No, Madam Mayor. That's all we have. Thank you.
Meridian City Council
October 30, 2012
Page 23 of 23
De Weerd: Okay. Well, if there is nothing further and certainly if there is questions
afterwards please don't hesitate. Council, at this time I would entertain a motion to
adjourn this meeting.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: With appreciation to all parties, both in and out of the city and the staff that
has put some good thought into this, I move we adjourn.
Rountree: Second.
De Weerd: Motion and second to adjourn. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 6:16 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR T Y DE WEERD
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Meridian City Council Meeting
DATE: October 30,2012 ITEM NUMBER: 4A
PROJECT NUMBER:
ITEM TITLE:
Approval of Award of Bid and Agreement for "Liquid Emulsion Polymer" to BASF
Corporation for the Not -To -Exceed Amount of $125,000.00
MEETING NOTES
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Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
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SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
I lerno
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Tracy Crane, Jacy Jones
Date: 10/23/12
Re: November 7 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
November 7 City Council Consent Agenda for Council's consideration.
Approval of ,Award of Bid and Agreement for "Liquid Emulsion Polymer" to BASF
Corporation for the Not -To -Exceed Amount of $125,000.00. This award is the result
of Formal IFB #PW -12-10373 issued July 30 and opened August 28th. Bench
testing has taken place over the last several weeks to determine the low bidder. Six
bids were received.
Recommended Council Action: Approval of Award of Bid and Authorize the
Mayor to sign the Agreement for the Not -To -Exceed amount of the Low Bid of
$125,000.00.
Thank you for your consideration.
• Page 1
AGREEMENT
FOR
SUPPLIES 1 EQUIPMENT PROCURMENT
THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made
this 23rd of October, 2012, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and BASF
Corporation, hereinafter referred to as. "SUPPLIER", whose business address is 2371
Wilrov Rd., Suffolk, VA 23434.
INTRODUCTION
Whereas, the City has a need for services involving the procurement of
,LAID EMULSION POLYMER; and
WHEREAS, the Supplier Is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Equipment / Supply Specifications & Requirements:
1.1 SUPPLIER shall supply the equipment and/or supplies to the City
upon execution of this Agreement and receipt of the City's written notice to
proceed, all items, and comply In all respects, as specified in the document
titled "Supply Specifications & Requirements" a copy of which is attached
hereto as Attachment "A" and incorporated herein by this reference, together
with any amendments that may be agreed to in writing by the parties.
1.2 The Supplier shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. The
Supplier represents and warrants that it will perform its work in accordance
with generally accepted industry standards and practices for the profession
or professions that are used in performance of this Agreement and that are
in effect at the time of performance of this Agreement. Except for that
LIQUID EMULSION POLYMER PW -12-10373 page 1 of 13
representation and any representations made or contained in any proposal
submitted by the Supplier and any reports or opinions prepared or issued as
part of the work performed by the Supplier under this Agreement, Supplier
makes no other warranties, either express or implied, as part of this
Agreement.
2. Consideration
2.1 The Supplier shall be compensated on a per pound basis (Not-To-
Exceed
$125,000.00) as provided in Attachment B "Payment Schedule"
attached hereto and by reference made a part hereof.
2.2 The Supplier shall provide the City with a detailed monthly statement
detailing all deliveries for the month, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not
withhold any Federal or State income taxes or Social Security Tax from any
payment made by City to Supplier under the terms and conditions of this
Agreement. Payment of all takes and other assessments on such sums is
the sole responsibility of Supplier.
2.3 Except as expressly provided in this Agreement, Supplier shall not be
entitled to receive from the City any additional consideration, compensation,
salary, wages, or other type of remuneration for services rendered under this
Agreement., including , but not limited to, meals, lodging, transportation,
drawings, renderings or mockups. Specifically, Supplier shall not be entitled
by virtue of this Agreement to consideration in the form of overtime, health
insurance benefits, retirement benefits, paid holidays or other paid leaves of
absence of any type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
September 30, 2015 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
3.2 The City reserves the right to extend the Agreement based on the
terms and conditions of the Invitation for Bid Document and Specifications
for two (2) additional one (1) year terms, provided such extension is mutually
agreeable to both the City and the Supplier and executed In writing.
3.3 Should Supplier default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may terminate
this Agreement by giving written notification to Supplier.
' LIQUID EMULSION POLYMER PW -12-10373
page 2 of 13
4.
5.
3.4 Should City fail to pay Supplier all or any part of the compensation set
forth in Attachment B of this Agreement on the date due, Supplier, at the
Supplier's option, may terminate this Agreement if the failure is not remedied
by the City within thirty (30) days from the date payment Is due.
3.5 This Agreement shall terminate automatically on the occurrence of
any of the following events: a) Bankruptcy of insolvency of either party; b)
Sale of Supplier's business; or c) Death of Supplier
Termination:
4.1 If, through any cause, SUPPLIER, its officers, employees, or agents
fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under
this agreement, engages in fraud, dishonesty, or any other act of misconduct
in the performance of this contract, or if the City Council determines that
termination of this Agreement Is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to SUPPLIER of such termination and specifying the effective date thereof at
least fifteen (15) days before the effective date of such termination.
SUPPLIER may terminate this agreement at any time by giving at least sixty
(60) days notice to CITY.
4.2 In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by SUPPLIER under this
Agreement shall, at the option of the CITY, become its property, and
SUPPLIER shall be entitled to receive just and equitable compensation for
any work satisfactorily complete hereunder.
4.3 Notwithstanding the above, SUPPLIER shall not be relieved of liability
to the CITY for damages sustained by the CITY by virtue of any breach of
this Agreement by SUPPLIER, and the CITY may withhold any payments to
SUPPLIER for the purposes of set-off until such time as the exact amount of
damages due the CITY from SUPPLIER is determined. This provision shall
survive the termination of this agreement and shall not relieve SUPPLIER of
its liability to the CITY for damages.
Independent Supplier:
5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting
as an Independent supplier, and neither SUPPLIER nor any officer,
employee or agent of SUPPLIER will be deemed an employee of CITY.
'O%N LIQUID EMULSION POLYMER PW-12-10373Pa9 e 3 of 13
Except as expressly provided in Attachment A, Supplier has no authority or
responsibility to exercise any rights or power vested in the City and therefore
has no authority to bind or incur any obligation on behalf of the City. The
selection and designation of the personnel of the CITY in the performance of
this agreement shall be made by the CIN.
5.2 Supplier, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves as
independent suppliers and not as employees of the City.
5.3 Supplier shall determine the method, details and means of performing
the work and services to be provided by Supplier under this Agreement.
Supplier shall be responsible to City only for the requirements and results
specified in this Agreement and, except as expressly provided in this
Agreement, shall not be subjected to City's control with respect to the
physical action or activities of Supplier in fulfillment of this Agreement,, if in
the performance of this Agreement any third persons are -employed by
Supplier, such persons shall be entirely and exclusively under the direction
and supervision and control of the Supplier.
1 6. indemnification and insurance;
6.1 SUPPLIER shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions, judgments for damages, or injury
to persons or property and losses and expenses and other costs including
litigation costs and attorney's fees, arising out of, resulting from, or in
connection with the performance of this Agreement by the SUPPLIER, its
servants, agents, officers, employees, guests, and business invitees, and not
caused by or arising out of the tortuous conduct of CITY or its employees.
SUPPLIER shall maintain, and specifically agrees that It will maintain,
throughout the term of this Agreement, liability insurance, in which the CITY
shall be named an additional insured in the minimum amounts as follow:
General Liability One Million Dollars ($1,000,000) per incident or occurrence,
Automobile Liability Insurance One Million Dollars ($1,000,000) per Incident
or occurrence and Workers' Compensation Insurance, in the statutory limits
as required by law.. The limits of Insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein
provided, SUPPLIER covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments for
damages or injury to persons or property and other costs, including litigation
costs and attorneys' fees, arising -out of, resulting from, or in connection with
the. performance of this Agreement by the Supplier or Supplier's officers,
employs, agents, representatives or subcontractors and resulting in or
LIQUID EMULSION POLYMER PW•12.10 7
3 3 page 4 of 13
/_P�
attributable to personal injury, death, or damage or destruction to tangible or
intangible property, including use of. SUPPLIER shall provide CITY with a
Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S
compliance with the requirements of this paragraph and file such proof of
insurance with the CITY at least ten (10) days prior to the date Supplier
begins performance of it's obligations under this Agreement. In the event the
Insurance minimums are changed, SUPPLIER shall immediately submit
proof of compliance with the changed limits. Evidence of all insurance shall
be submitted to the City Purchasing Agent with a copy to Meridian City
Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642,
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named Insureds; or the Supplier shall provide a bond, cash or
letter of credit guaranteeing payment of losses and related Investigations,
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Supplier's
Insurance coverage shall be primary insurance regarding the City's elected
officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the City or the City's elected officers, officials,
employees and volunteers shall be excess of the Supplier's Insurance and
shall not contribute with Supplier's insurance except as to the extent of City's
negligence.
6.4 The Supplier's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the Insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of Insurance described herein shall not limit the liability of
the Supplier and Supplier's agents, representatives, employees or
subcontractors.
LiQUID EMULSION POLYMER PW -1 2-10373 page 5 of 13
7. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated In this agreement, shall be In writing and be
deemed communicated when mailed In the United States mail, certified,
return receipt requested, addressed as follows:
Ste.
SUPPLIER
City of Meridian
BASF CORPORATION
Purchasing Manager
Attn: Charles Wright
33 E Broadway Ave
2371 Wiiroy Rd
Meridian, ID 83642
Suffolk, VA 23434
208-888-4433
Phone: 1-757-538-3700
Email: Jeanne.taylor@basf.com
Either party may change their address for the purpose of this paragraph by
giving written notice of such change to the other in the manner herein
provided.
9. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent Jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
` shall survive any default, termination or forfeiture of this Agreement.
10, Time Is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
11. Assignment: It is expressly agreed and understood by the parties hereto,
that SUPPLIER shall not have the right to assign, transfer, hypothecate or
sell any of its rights under this Agreement except upon the prior express
written consent of CITY.
12. Discrimination Prohibited: In performing the Work required herein,
SUPPLIER shall not unlawfully discriminate In violation of any federal, state
or local law, rule or regulation against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or disability.
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there shall
be furnished to the CITY such statements, records, reports, data and
LIQUID EMULSION POLYMER PW -12-10373
page 6 of 13
information as the CITY may request pertaining to matters covered by this
Agreement.
13.2 Supplier shall maintain all writings, documents and records prepared
or compiled in connection with the performance of this Agreement for a
minimum of four (4) years from the termination or completion of this or
Agreement. This includes any handwriting, typewriting, printing, photo static,
photographic and every other means of recording upon any tangible thing,
any form of communication or representation including letters, words,
pictures, sounds or symbols or any combination thereof.
14. Audits and Inspections: At any time during normal business hours and as
often as the CITY may deem necessary, there shall be made available to the
CiTY for examination all of SUPPLIER'S records with respect to all matters
covered by this Agreement. SUPPLIER shall permit the CiTY to audit,
examine, and make excerpts or transcripts from such records, and to make
audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by
this Agreement.
15. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the
United States or in any other country. The CITY shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
16. Compliance with Laws: In performing the scope of work required
hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and
codes of Federal, State, and local governments.
17. Quantities: The quantity listed in Exhibit A are estimates only, based
upon current known requirements, and not a guarantee to purchase and
are subject to increase or decrease within the contract period. Any
increase or decrease will be governed by the same terms and
conditions of this Agreement.
18. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder of
the Agreement is reasonably capable of completion.
19. Waiver of Default: Waiver of default by either party to this Agreement shall
not be deemed to be waiver of any subsequent default. Waiver or breach of
any provision of this Agreement shall not be deemed to be a waiver of any
other or subsequent breach, and shall not be construed to be a modification
LIQUID EMULSION POLYMER PW -12-10373 page 7 of 13
of the terms of this Agreement unless this Agreement Is modified as provided
above.
20. Advice of Attorney: Each party warrants and represents that in executing
this Agreement. It has received Independent legal advice from its attorney's
or the opportunity to seek such advice.
21. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
herewith.
22. Order of Precedence: The order or precedence shall be this contract
agreement, the Invitation for Bid document, and successful bid document.
23. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
24. Public Records: Pursuant to Idaho Code Section 9-335, et seq., information
or documents received from the Supplier may be open to public inspection
and copying unless exempt from disclosure. The Supplier shall clearly
designate individual documents as "exempt" on each page of such
documents and shall indicate the basis for such exemption. The City will not
accept the marking of an entire document as exempt. In addition, the City will
not accept a legend or statement on one (1) page that all, or substantially all,
of the document is exempt from disclosure. The Supplier shall indemnify and
defend the City against all liability, claims, damages, losses, expenses,
actions, attorney fees and suits whatsoever for honoring such a designation
or for the Supplier's failure to designate individual documents as exempt.
The Supplier's failure to designate as exempt any document or portion of a
document that is released by the City shall constitute a complete waiver of
any and all claims for damages caused by any such release.
25. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
END OF TEXT. SIGNATURES FOLLOW ON NEXT PAGE,
LIQUID EMULSION POLYMER PW -12-10373 page 8 of 13
CITY of MERIDIAN
BY.
TAMMY de CKRD, MAYOR
Dated:.1 D � 3a � I;k,
Approved by Council:___ U CA�3
BASF COR O
BY:
Ch e7L
s Wrigst, Sales Manager
Dated: October 19th2012,
0,0
7 BD Ali
l
.j
Attest: 1 9��
L.L AM N CITY CL IDIS
ER
IDAHO
a
SEAL
Purchasing Approv I
BY:
KEIT S, Purchasing -Manager
Dated:: 'Z --
LIQUID EMULSION POLYMER PW -12-10373
f 1*0 TRI0
4.
14*
v4
artment Approval
•
N MCCORMICK, Bus. Operations Mgr.
Dated:: /P
page 9 of 13
Attachment A
SUPPLY SPECIFICATIONS &REQUIREMENTS
Polymer furnished shall meet the specified terms and condition herein:
Polymer
a. The polymer shall be the following, or an approved equal in quality and performance:
Minimum Sludge Cake Solids: 17.0%, with volatile solids content of 60 to
70%
Minimum Solids Recovery: 98.5% Note: Centrate Total Suspended
Solids Concentration must be less than 300 mg/L.
b. The SUPPLIER shall demonstrate compliance with the performance
requirements herein.
c. Polymer must dissolve easily and completely In potable water within 10 minutes, in
concentrations up to 0.5% by weight.
d. The polymer price shall be "per pound polymer" delivered. Polymer concentration shall
not be less than 33%. The bid must also contain the weight of polymer per US gallon.
This information will be used to calculate cost based on liquid quantity of polymer. The
bid price shall also include the cost of container return services.
Uellvery-pi Poivmer
e. Polymer shall be delivered by the SUPPLIER to the City of Meridian Wastewater
Treatment Facility:
3401 N Ten Mile Road, Meridian, Idaho 83646.
All shipping and delivery charges shall be paid by the SUPLIER and
shall be included in the bid price. The City of Meridian intends to place
orders on a quarterly basis. It is estimated that each order will be
enough to achieve approximately 250 dry tons of biosolids.
f. The bid shall be based on shipments of one -ton containers (Tote -Bin, IBC). The
amount of polymer required is estimated to be equivalent to the amount needed to
achieve 1,200 to 1,500 dry tons of biosolids per year.
g. In no event shall polymer delivery take longer than five business days from
SUPPLIERS receipt of City's polymer order.
LIQUID EMULSION POLYMER PW•12.10373 page 10 of 13
h. Deliveries shall be made between 8:30 am. and 3:30 p.m., Monday through Friday,
excluding holidays.
I, The SUPPLIER shall make available to the City laboratory services to select the
optimum polymer for the sludge generated throughout the year. The SUPPLIER shall
provide assistance in optimizing the settings on the City's polymer blending/mixing units
when required, The contract price shall include the cost of four evaluations at the City's
treatment plant during the year.
j. The SUPPLIER shall promptly provide personnel necessary to assist in the proper
application of their product.
k. The prices stated in Attachment B shall be fixed for each twelve month term of the
Contract.
i. Polymer shall perform as stated in the Invitation for Bid during the entire term of the
Contract and failure to comply will be just cause for City's termination of the Contract,
m. Substitute products will not be allowed unless they can be demonstrated to perform as
equal to or better than the specified polymers, prior to delivery and accepted by the
City, at the specified performance requirements, for the same or lower real cost.
n. Due to the large number of polymers available and the complexity of applications, the
City reserves the right to purchase test quantities of polymer to continue testing
(beyond the full scale test) for the most economical application and delay award until a
clear winner Is determined.
o. The City reserves the right to discontinue the use of the dewatering centrifuge (and
associated polymer purchase) and to employ alternate methods of sludge conditioning,
dewatering, and/or disposal.
p. The City reserves the right to purchase alternate polymer from the SUPPLIERrshould
an alternate polymer better meet the City's needs.
q. The SUPPLIER acknowledges that It is able to supply this product, at the same
performance quality and manufacturing specifications, at the volume necessary to fulfill
the terms/length of the annual contract. Lab samples will be checked against future
deliveries of product to ensure performance-based standards. The SUPPLIER will be
required to produce, at the City's request, retained samples of product batches
delivered. An MSDS sheet must accompany each shipment and a certificate of analysis
stating the total solids, bulk viscosity, and dilute viscosity. The City reserves the right to
conduct lab analysis on each load delivered to verify the certificate of analysis,
r. in the event the SUPPLIER discontinues manufacturing the product supplied, or
changes the manufacturing process, It Is the SUPPLIERS responsibility to inform the
LiQUiD EMULSION POLYMER PW -12-10373 page 11 of 13
es and to supply, at no additional cost to the City, a product with
City of these Chang
eq P
equal or superior performance than the product previously supplied
at no more than the
annual contract price.
n of drop in performance without a notification of change by the SUPPLIER
s. in the event a p P
and with no significant changes in plant process, the sludge/polymer Interaction will be
documentedcompared and red with the original sludge/polymer interaction. It will be the
'Pa or specifications
SUPPLIERS responsibility to remove any polymer whose performance p
are deemed substandard b the City. Failure to do so may result in termination of the
annual contract.
REFER TO INVITATION TO BID PW -12-10373 ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package
PW -12-10373 submitted, signed and dated 8-27-2012 by Charles Wright,
are by this reference made a part hereof.
� LIQUID EMULSION POLYMER PW -12-10373 page 12 of 13
Attachment B
PAYMENT SCHEDULE
TASK
DESCRIPTION
AMOUNT / LB
A.
BASF ZETAG 8819 Liquid Grade Cationic
Polyelectrolyte (Per Bid PW -12-10373)
1,23
Travel expenses, It applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy,
LIQUID EMULSION POLYMER PVI/ -12-10373 page 13 of 13
Meridian City Council Meeting
DATE: October 30, 2012 ITEM NUMBER: 5
PROJECT NUMBER:
ITEM TITLE:
Meridian Heights Water and Sewer District and Lee Centers Property Discussion
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Centers Property
D iscussion
What Has Changed'?.
Creation. of Meridian Heights Sewer and.
Water District as a Taxing District
Design. and Installation of Domestic Well
which meets Municipal Standards at a cost of
$355,000 with an IDWR Loan to be Repaid
by MHSWD
District Sewer and Water Facilities are i*n
Compliance with Current DEQ Standards —
DEQ Approved Renewal of MHWSD Land
Application Permit
Revenue Bond Approved by District
Electorate
District Completion of TV/Testing of Sewer
Collection System
3
Land Application Site
Pending Condemnation Action on Centers 40
Acres by MHSWD
Cooperative Spirit and Effort of the Parties
Centers and District Workshops/Meetings
Identifying Issues and Seeking Mutually
Agreeable Solutions
Hansen Cooperation with Proposed
Annexation to City and Providing
Sewer/Water Easements
Contiguity of Kentucky Ridge with City
Limits via Hansen Property if Annexed into
the City
C!
E
Ob ective
t
B R.
rF°
°�&�°�sP 't€'� �. � W•. ,a �" :.� ( •S ,�3- y:3'�51 .-x3i .; sty? n
mol .. z>' e s%Ta�r � `�• s���v&s3 .r. .'n`. ..A '?•.,.- d�'2
.r . b'° a a A'✓ _ -, �n .. a .n- 4A. L' dr c�� 3"`$N�dF��� s 3 "�� 21g� f� ek'�� Ci ._ �. , � ' �/� f'ir'^+.�..b.. _.b. .?k h? 2.=Z+iC .::.L.,.n,..v .:2c a"l;&>. '$ ..M.>: A:.,:.9.
--� Work with the City, Centers, Hansen and
District to Develop a Mutually Beneficial
and Financially Feasible Plan for All
Parties
no
City Incentive to
Participate
Creating an Opportunity for
Annexation of Development Property
to the City, Exploring Possible
Annexation of MHSWD Once Legal
Impediments are Resolved
Allows for the Development of
Remaining Section, Benefitting 5 3 4
Acres
Potential Development of MHSWD 16
Acres
Extension of City Infrastructure
Increased Tax Base for the City (Tax
Levy of MHSWD would not go to
City)
Permanent Solution Now that may be ,
Foreclosed in the Future
4W 11 City Council Authorize Staff to
Work with Centers, Hansen and the
District on a Mutually Beneficial and
Feasible Solution?
nb