HomeMy WebLinkAbout2016-04-26Meridian City Council April 26, 2016
A meeting of the Meridian City Council was called to order at 6:05 p.m.,
Tuesday, April 26, 2016, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis
Milam, Ty Palmer, Anne Little Roberts and Luke Cavener.
Others Present: Bill Nary, Jacy Jones, Caleb Hood, Kyle Radek, Jamie Leslie,
David Jones, Todd Lavoie, Crystal Ritchie Mike Barton, Hillary Bodnar and Dean
Willis.
Item 1: Roll-call Attendance:
Roll call.
X_ Anne Little Roberts X__ Joe Borton
X__ Ty Palmer X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
_X Mayor Tammy de Weerd
De Weerd: Well, good evening. I'd like to welcome you to the City Council
meeting. We appreciate you joining us tonight. For the record it is Tuesday,
April 26. It's 6:00 p.m. I will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us
in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Troy Drake with Calvary Chapel
Meridian
De Weerd: Item No. 3 is our community invocation. Pastor Troy Drake with
Calvary Chapel in Meridian is here to lead us. Please join us in the community
invocation or take this as an opportunity for a moment of reflection. Welcome.
Drake: Thank you. Lord God, it's just a really humbling thing to think that we
could just ask the one who made all things to be with us and to help us and
strengthen us and encourage us and so we just pray for this great city here
tonight, Lord, for all the citizens, just pray, Lord, that they would do your will, that
they would seek after you, God, that you would help those who are in need and
also, God, we just ask that you would guard those and help those, protect those
who watch over us in our city, the firefighters and the police officers, Lord, we are
just thankful for them and ask for their safety and as well as that you would be
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April 26, 2016
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with all of the folks who make things safe elsewhere in our town through the
building planning and all these who work for our city and, lastly, God, we just
want to pray for wisdom for these ladies and gentlemen here tonight, that these
items that are on the agenda that are -- whether they may seem small or large,
that you would give them great wisdom to be able to do the right thing and make
the right decisions and so we just thank you, God, that we can inquire to you
about these and that you care about all these small things and we appreciate you
so much and so pour out your grace upon these people in this meeting and it's in
Jesus' name we pray, amen.
De Weerd: Thank you, Pastor Troy. It's always nice having you.
Drake: Thank you.
Item 4: Adoption of the Agenda
De Weerd: Thank you for being here. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On Item 7-A the resolution number is 16-1135. Item 8-B, the applicant has
requested that to be continued to May 3rd, 2016. And Item 8 -C, the applicant
has requested a continuance of this item to May 24th of 2016. On 9 -E the staff
requests that we vacate this item. And on 10 -A, the ordinances, 10-A has been
asked to be vacated and Item 10 -B is Ordinance No. 16-1684. 10-C is
Ordinance No. 16-1685. And with that I move we approve the agenda as
amended.
Borton: 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 carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of April 5, 2016 City Council
PreCouncil Meeting
B. Approve Minutes of April 5, 2016 City Council Meeting
C. Approve Minutes of April 12, 2016 City Council
Workshop Meeting
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April 26, 2016
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D. Professional Services Agreement with Soul Patch for
Musical Talent for Concerts on Broadway in an Amount
Not-to-Exceed $600
E. Professional Services Agreement with High Street for
Musical Talent for Concerts on Broadway in an Amount
Not-to-Exceed $3,500
F. Professional Services Agreement with High Street
Entertainment, LLC, as an agent of Precious Byrd for
Musical Talent for Concerts on Broadway in an Amount
Not-to-Exceed $2,500
G. Sanitary Sewer Easement Between Green Village
Development, Inc. And The City Of Meridian Within
Heritage Grove Subdivision No. 3
H. Water Main Easement Between The City Of Meridian and
GGR, LLC within Calderwood Business Park
I. Pedestrian Pathway Easement Between the City of
Meridian and Cottonwood Development, LLC Regarding
a Pathway on the North Side of Gondola Drive
J. Approval of Task Order 10648.a to CH2M HILL
ENGINEERS for the “Wastewater Resource and
Recovery Facility Post Aeration PLC4 And
Reuse PLC Upgrades - Design” Project for a Not-To-
Exceed Amount of $202,720.00.
K. License Agreement with St. Luke's Regional Medical
Center for Construction and Maintenance of Meridian
Monument Sign
De Weerd: Item 5 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda and for the Clerk to attest an d the
Mayor to sign.
Borton: Second.
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April 26, 2016
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De Weerd: I have a motion and a second to approve the Consent Agenda.
Madam Clerk, will you, please, call roll.
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Department Reports
A. Mayor’s Office: Resolution No. 16-1135: A Resolution to
Appoint Callie Zamzow to Seat 3 and Tammy de Weerd
to Seat 5 of the Meridian Development Corporation
De Weerd: So, we will move to 7-A. In front you, Council, is Resolution 16-1135.
We are reappointing two seats. The third seat that was open is -- is open and we
have a call for interested citizens. Do you have any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Resolution 16-1135.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7 -A. Madam Clerk,
will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Action Items
A. Staff Recommendation for Approval of Floodplain
Variance Request of Addition at 975 E. Pine Ave.
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April 26, 2016
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De Weerd: Item 8-A is under our staff report. Kyle, I will turn this over to you.
Radek: Madam Mayor, Council Members, this item is a request for a variance to
our flood damage prevention ordinance from Ada County Development Services
on behalf of Ada County Operations Department to allow the existing elevated
structure to remain as constructed while adding an addition to it. The existing
structure was built in 2007 and at th at time our flood plain ordinance required a
base flood elevation plus one foot as the flood level protection. Since the time
our ordinance has changed to allow -- to -- to a standard of base flood elevation
plus two feet. So, the new standard is two feet and the applicant is adding an
addition and the addition would be required to meet our current ordinance. The
question is about the existing building. If the addition agrees with what's called a
substantial improvement and the substantial improvement kicks in a requirement
that the existing building be either elevated or flood proofed to the new level and
that is the variance that the applicant is seeking is a variance in -- to be allowed
to not have to flow through the existing building up to the current requirements
and just as a note here, the -- the campus that this is built on is -- because of the
way we have administered the flood plain -- or the flood damage prevention
ordinance, the campus is, essentially, elevated above the flood level and so the
applicant intends to do a letter of map revision to remove that area from the flood
plain and so our recommendation is -- and the variance -- the reason for the
variance we not be based on an inconvenience or a monetary reason, they are
not generally allowable reasons for a variance. However, the -- the applicant, to
-- to obtain the funds that would be required to flood proof the existing building, it
would require extra time and the applicant has a -- has an imminent need to
expand his laboratory services to -- to prevent the spread of viruses and existing
and new threats that are being, you know, brought in -- it's my understanding --
and they can expand on that perhaps, if Council desires, but the -- there would
be a condition on them that they would -- they would have that application for a --
for a letter of map revision removing their campus from the flood plain before we
would allow a certificate of occupancy. And so -- oh, I'm sorry, I lost my train of
thought. The reason I was telling you that is -- is going down that -- that path of
the funding and the virus -- virus protection, time is the reason that -- that we are
recommending that this variance be approved, so that the applicant can go
ahead and build their structure and perform their ser vices for the health and
safety of the county. I guess with that I will stand for any questions or any
presentation that the applicant would like to make.
De Weerd: Council, any questions for Kyle?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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April 26, 2016
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Bird: Kyle, if -- if they would have to bring that existing building up to code, they
would have to raise that whole thing and put a -- put a foot of foundation in it. It
don't make sense to me to make them do that and staff is recommending this. I
don't see any problems with it at all myself.
Radek: Madam Mayor, Councilman Bird, actually, the last time -- this is the
second time Ada county has run into this on this campus. They had a building
and our -- the first time we moved the code from base flood ele vation to base
flood elevation plus one and in that version of code there was no flood proofing
provisions and so when Dave Miles updated the code maybe two, three years
ago, he put in the flood proofing provisions just for this kind of situation. So,
yeah, they don't have to have half a building at one foot and half the building at
two feet, they can flood proof up instead, so --
De Weerd: Well, I appreciate your recommendation and I certainly don't see any
issue with it. Would anyone from the county like to provide comment or did Kyle
cover it well? Thank you for joining us. If you will, please, state your name and
address for the record.
Wendell: Surely. Madam Mayor and Council, I'm Scott Wendell with LCA
Architects. I represent Ada county for this project. I think the county's ultimate
request would probably been in their best interest, that they would like to have
the new addition be at the same floor level as the current addition, as they are
already one foot above the BFE and that is thei r first request. I believe this
request that was granted through the -- through Dave Miles and the city, you
know, indicates that they would raise their addition up -- would be approximately
nine inches. So, I will leave it up to the county to, you know, make the final
acceptance on this, but it does take a ramp inside the building to make that
happen, as well as steps that are not cohesive with the rest of the architecture of
the building, as well as flood proofing, we did a study of how to perhaps flood
proof the rest of the building and it's quite extensive and really would ruin the
character of the building and cause them quite a bit of -- I guess trouble in that
respect. So, I will it leave up to the county if they want to continue to, you know,
accept what they are looking at in this application and recommendation, so that's
all I have to say. Thanks.
De Weerd: Thank you.
Wendell: Any questions?
Bird: I have none.
Wendell: Okay.
De Weerd: Thank you for joining us. If you will, please, sta te your name and
address.
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April 26, 2016
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Williams: Mayor and Council Members, my name is Scott Williams. I'm the
director of -- I'm director of operations for Ada county, 200 West Front Street,
Boise, Idaho. 83702.
De Weerd: Okay. Thank you.
Williams: Our ultimate goal in this was not to either raise the floor or flood proof
or change, but it doesn't seem like that's going to be possible. What we would
really like to not have to do is to flood proof the rest of the building or raise the
floor on the rest of the building. Time is of the essence. Brian's crew does do
the mosquito abatement, checking for West Nile virus and now the Zika virus
that's coming up, that's going to be the next big issue. We would like to get the
permit and get moving on the building as quickly as we possibly can to get it -- to
get construction out of the way and get the new laboratory built. Kyle has
explained to us that we have the option of either raising the floor and/or now
flood proofing and I think, you know, if we have that o ption which way would we
go, we would have to figure out what's going to be best for the con struction of the
building at the time, as long as we don't have to raise the other part and flood
proof the other part, because that would really shut down the oper ation. We
would have to dig around the entire facility to make that happen. Because,
really, raising the floor is not an option. Everything would change, then, as far as
door heights and elevations for electrical outlets and plumbing and it would be a
major undertaking to do that. So, that's what we are really looking forward -- I
mean we have an option one way or the other. The other thing is we are going to
do the LOMR-F and if we can get that done it's actually out of the flood plain, it
may not be an issue by the time we get to permit if we can make that happen and
show that it's above the flood plain requirements anyway. So, with that I will
stand for any questions if you have questions for me.
De Weerd: Thank you. Council, any questions? No questions.
Williams: All right. Thank you very much.
De Weerd: Thank you. Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Kyle, explain exactly what this variance request is for everybody.
Radek: Yeah. Madam Mayor, Councilman Bird, my understanding is that the
variance request is a variance to the requirement to improve the existing
structure to the current code, not to vary the requirements for the new structure
and as you heard testimony just now, they would -- you heard they would prefer
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not to have to do any of that. Staff is not supporting a variance on the new
structure -- the new portions of the building, because we feel that they can -- they
can do that. It's a new building. It's a new building, new code, that's -- that's
what we do, we enforce our ordinance. The variance request would be to raise
up or flood proof the existing building, because of the substantial improvement.
So, the variance request would allow them to not have to improve the existing
building.
De Weerd: I guess, Kyle, what is the likelihood -- if they appeal and -- or apply to
be removed from the flood zone, whereabouts are they in that flood zone? Is it
on the edge, so what is the likelihood? I know -- what does your crystal ball say?
Radek: Yeah. Madam Mayor, we -- the thing about our -- our flood prevention
code is we require people to build so that they are out of the flood plain by the
time they get built. So, according to the models that are being run now, if they --
if they are able to do a letter of map revision based on the fill that they have put
in since they started developing that campus, they would be out of the hundred
year flood and so there would be no insurance requirement, no permitting
requirements and, then, it's just a question of chances and mother nature.
You're never completely safe. But they would be out of the regulatory flood plain.
And, actually, they are technically I guess out of that now, they just haven't done
the paperwork to submit to FEMA to change the map.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Kyle, if they -- if we -- if we were to approve a variance and allow that
existing -- the existing building and the new building to stay at the same
elevation, which go under our previous code, an d would be okay if they had the
FEMA paper, is that -- am I not right? Am I misunderstanding this? I mean if
they get out of the -- if they get out of the flood plain and they are one foot above
elevation of their existing building would be okay for the addition; right?
Radek: Yeah. With one -- one caveat. If they remove themselves from the flood
plain by a letter of map revision based on fill -- based on fill that they have added,
our code would require them to still go through the flood plain devel opment
process and the reason our code is like that is because -- is because it's
happened in places like Eagle where people have filled and gotten themselves
out of the flood plain by three-tenths of a foot, two-tenths of a foot, then, they go
and build a basement and it's just not responsible development and so our code
says that. So, the variance would be a variance to that portion as well, it's just a
condition we are putting on it to say if you go through your due diligence, remove
yourself from the flood plain, we are going to allow this variance to move forward
on the existing building. The new building doesn't have to be a separate level
from the -- from the existing building, it just has to be flood -- it has to be either
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that or flood proofed. So, they have the option there. So, I'm sorry if I threw too
much information into that -- into that response.
Bird: Madam Mayor, can I follow up?
De Weerd: Uh-huh.
Bird: And I don't -- I don't know how we could compare with Eagle and their
basements, because Eagle has got a major, major river going through that floods
every year and to my knowledge that creek is -- I have never seen it when you
couldn't wade across it and not get your shoes wet and I lived here 51 years,
so -- I don't know.
Radek: Madam Mayor, Councilman Bird, that's certainly a comment we always
get when we talk about flood plain Meridian. I have lived here 15 years, I haven't
seen a flood, so --
De Weerd: Mr. Nary, I guess my question to you would be can this variance
apply to both -- both the existing and can Council use the same request to apply
to the new construction, too?
Nary: Madam Mayor, Members of the Council, in looking at the -- at the
information that I have, I mean the Council can do that. That's not the
recommendation of staff.
De Weerd: Okay.
Nary: I think the alternative was the reason staff was not recommending that,
since they can flood proof the building as an alternative to having to change the
elevations of the building.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Procedurally is the issue of the new construction even before us? The
variance request speaks to the expansion of the existing building, but not the
new one.
Nary: Correct. Yeah. So, I don't -- I don't know that you can't -- Madam Mayor,
Members of the Council, Councilman Borton, but it isn't -- the application that's in
front of you today is that request. I know that's what the architect requested, but
that's not what's in the information that we have. So, like I sai d, the staff's
analysis is based on one set of facts and criteria and the testimony is adding a
little bit more information, but it's not really in the -- in the analysis that was done.
Unless I misunderstood, that's what I'm looking at, Kyle.
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Radek: That's -- and I interpret it the exact same way.
Nary: Okay.
De Weerd: As far as I'm concerned, if it's good enough for the existing it should
be good enough for the new one, but, you know, I don't get to vote, so -- Council,
what would you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't disagree with you, but I think the addition is -- the new one isn't even
in the variance. The new building. The addition is what we are talking about;
right? Or the existing? This thing is -- either misreading it or something.
Radek: Madam Mayor, Councilman Bird, we are actually -- we are talking about
-- there is an addition to the existing building. That's the new construction
portion. The new construction portion is a substantial imp rovement to the
existing building, so that requires the existing building to be upgraded to the
current code. And the variance request that we had submitted was a variance to
that requirement to require the existing building be upgraded. But what the new
testimony we are talking about, well, we don't want -- we don't want to make the
-- even the new addition up to current code, we want to, you know, make that up
to the same code as -- as the existing building was. So, that was -- answers the
question there.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If this was a new stand alone building I wouldn't even think about this
variance, but this is an addition and when you -- you know, when you got an
addition you need to jump up nine, ten inches, whatever the difference is -- I don't
know.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I will make a motion, see where it goes. In light of staff's comment and
staff's recommendation and the specific elements to support the
recommendations unique to this application, I would move that we approve the
request for flood plain variance at 975 East Pine Avenue as described in
application request before us.
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April 26, 2016
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Palmer: Second.
De Weerd: I have a motion and a second to approve the request for a varia nce.
Any discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This motion is exactly what it states in here, that the new addition will meet
the existing code; right? Is that what the motion is?
Borton: Correct. Madam Mayor. This specific variance request set forth by the
applicant, recommended by staff, is what the motion is in support of.
De Weerd: So, it gives a variance to the existing and asks that the new
construction meet current code.
Borton: And Madam Mayor --
De Weerd: As requested.
Borton: -- through the normal course -- yes. That's what would happen and if
there is a separate variance request to address something down the road, we
would address that at that time.
De Weerd: Okay. Any further questions? Discussion? Madam Clerk.
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing for Volterra Subdivision (H-2016-0033) by
Bridgetower Investments, LLC Located North Side of W.
McMillan Road Between N. Black Cat Road and N. Ten
Mile Road
1. Request: Amend the Recorded Development
Agreement (Instrument #106034786, Amended as
Instrument #11101393) to Allow Right Out Only
Access to N. Ten Mile Road for the Office Lots
Approved with the Volterra South Subdivision
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April 26, 2016
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De Weerd: Okay. Item 8-B was -- is a public hearing on H-2016-0033. This
application has been requested to continue to May 3rd. Is there anyone here
that's here to testify on this item? Okay. Council, I have opened this public
hearing. It needs a motion to continue.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue H-2016-0033 to May 3rd, 2016.
Milam: Second.
De Weerd: I have a motion and a second to continue Item 8 -B to May 3rd. All
those in favor say aye. All ayes. motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing for Waltman Property (aka Browning
Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman,
LLC Located 505, 521, 615, and 675
1. Request: Modification to the Development
Agreement to Remove the Requirement (#5.1.8)
for Corporate Drive to be Extended North of the
Site from the Ten Mile Creek South to Waltman
Lane
De Weerd: Item 8-C is a public hearing as well on H-2016-0083. The applicant
has requested that this be continued to May 24th. It is a public hearing. I will
open this public hearing. Is there anyone here to provide testimony on this item?
The applicant -- can you tell us, Caleb, why the applicant has requested
continuance of this item?
Hood: Yes, Madam Mayor. A large chunk of the request for -- excuse me --
modification of the development agreement hinges ACHD modifying some of
their conditions for this project and they aren't scheduled to hear this until the
11th of May. So, we need to have ACHD 's action before -- that's our
recommendation that you have ACHD's action before you act on it, because a lot
of what the applicant is wanting to mod ify has to do with ACHD's conditions of
approval.
De Weerd: Okay. We can accept testimony. It's unusual without the applicant
here, but if -- okay. Perfect. Okay. We appreciate you being here and sorry for
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the inconvenience. Okay. Council, this public hearing has been opened. I will
entertain a motion to continue this to May 24th.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If I may first, I had done -- at a previous firm had done work on this
particular project. It's not a current client of mine for firm now, but just for the
record I will abstain from acting on the continuance of this application for that
reason.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue H-2016-0038 to May 24th, 2016.
Milam: Second.
De Weerd: I have a motion and a second to continue Item 8 -C to May 24th. All
those in favor say aye. And I have one abstain.
MOTION CARRIED: FIVE AYES. ONE ABSTAIN.
Item 9: Continued Department Reports
A. Art and Culture Update: Update on Public Artwork at
Fairview Avenue and Main Street
De Weerd: Item 9-A is under our arts and culture update. Hillary.
Bodnar: Madam Mayor and Council Members, I am here to present just an
update on the public art project at Fairview and Main. I wanted to get in touch
with you guys, because MAC had a special meeting on April 7th and discussed
recommendations they would want to carry forward to you guys in consideration
of this project. They established two recommendations and didn't prefer one
over the other, but they did want me to go and present these recommendations
to MDC and the reason is because MDC is the one kind of footing the bill. It's --
it's -- we have an agreement with them to reimburse us for the funds, so MAC
wanted to make sure that these two recommendations would be in favor with
MDC's board and that they would still want to contribute funds to this project.
MDC did say that they would -- they would stay committed and wouldn't want the
agreement to stay in place for the funds for the project. That being said, MAC's
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two recommendations that they came up with on their April 7th special meeting
were as follows: Their first recommendation -- again, not -- just one of their
recommendations was to recommend to City Council that we commission
Natives by C.J. Rench. This was a proposal that was included in the original
RFP for the project at Fairview and Main. That means that it would be
commissioned as -- or as an independent project, not in relation to that RFP,
because we have issued a contract for the RFP and that contract was
terminated. So, it would be a commission similar to the Daniel Borup
commission out in the plaza. The second recommendation that MAC came up
with was that they reissue a new RFP as soon as possible with some
modifications. The modifications that they made to the RF P included shortening
the length of time that public comments were collected. Public comments were
collected for about a month and a half last time and they decided that they coul d
use events that they are posting this year, including one Concerts on Broadway
event and a Dairy Days art show event to collect public comment if they released
an RFP. That would be about a two week period that public comments would be
collected and pushed for. Their other recommendations -- their modifications to
the RFP included strong recommendation of maquettes, asking that the artist
prepare maquettes for them to see what a small 3D model would look like. The
idea behind this is that they would see the artist committed to the project and a
better sense of what the project would look like. Their third modification to the
RFP was to include experience to the criteria for selection. While they asked for
resumes in the last RFP, they didn't include experience in one of the listed items
under criteria for selection, so that was a growing pain on my -- on my part. I
mean it's now -- that's being included in all of the RFPs they discussed since just
to make sure that we can call references and use those references in order to
help judge what art projects we would like to move forward on. So, before you
today are the two recommendations to you and to get your feedback on those.
MAC is preparing to have another special meeting to discuss potentially what it
would look like to commission Natives or how they would get an RFP out, if they
would want to use other -- other forces to push an RFP out to get response
sooner, rather than, again, leaving an RFP period open for a long time. One
benefit that we have this year that could be particularly helpful is that the
Meridian Arts Commission has partnered up with the Parks Department and they
are collecting RFQs, so qualifications from other artists to work specifically for
park identity, public art roster, and so this art roster could possibly be drawn upon
for us to select and target artists to send an RFP to as well, with their
qualifications already in mind. When I brought this to MDC I will say that MDC --
I asked the date of preference and they preferred c ommissioning Natives and for
those of you who -- do you guys want to see it? I didn't print it this time.
De Weerd: Hillary, I guess I, you know, have given that a lot of thought and if
you -- if I recall on this one, the public comment was largely in favor of the family
piece that wasn't appropriate for that north curve and -- and so that was
understandable. So, they kind of went to the n ext one, which was unfortunate in
how that all transpired. So, in essence, you know, this goes to, then, kind of the
Meridian City Council
April 26, 2016
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third down the list and I seem to recall when we were doing the call to artists on
the piece down here, the concern of the art commission at that time was to do
another piece by Amber Conger, because that one was a very interesting
submittal and they f elt if they did a second piece by Amber it would send a
message to other artists that there is a strong preference to a certain artist and --
and I feel that that might play the same here, in particular since this was not a
strong preference and because of time constraints and I understand even this
artist came back with an add-on cost, that it almost makes sense to -- to just go
out. What I loved hearing what you said is the shortened comment period, but
also, because you compare it with events that are a lready happening and that
have a large number of public that are in the area that could provide feedback,
that -- that is a great counter and so those are my thoughts.
Bodnar: Thank you.
Milam: Madam Mayor?
De Weerd: Hillary, I know that for commissioning this one that time is of the
essence; right? If we can get it done this year or is he not going to be able to
regardless?
Bodnar: The artist said that he could get it done within this fiscal year. As far as
time being of the essence, I think in a sense it is of the essence, because we
have said that this is something we are going to get done, but MDC said that they
could -- they could roll over their funds into the next fiscal year.
Milam: Madam Mayor, follow up? So, a thought that I just had -- sorry. I didn't
have in our previous conversations -- would be -- and I know that during the
comment period on these, the piece that we are putting out here on the plaza
was a big favorite, but if we took it out of the picture -- I mean is it -- I guess is the
RFP -- if it's closed, can you open and still get comments on the existing -- in the
existing choices or would that just be opening up a can of worms?
De Weerd: Uh-huh.
Bodnar: Council Member Milam, I think that we -- we discussed -- MAC
discussed ways that they could still get public comment. The current proposal
has five pieces proposed, so we could always ask, which pieces the public might
prefer and why. I think that MAC and the city might have some preferences or at
least in color, because we have particular colors that look really well, but that's
one way that you could get public input, but that's not to say that -- public input I
think is a valuable component of public art and there might be other ways to get
-- to get more public input that we haven't already considered.
Cavener: Madam Mayor?
Meridian City Council
April 26, 2016
Page 16 of 58
De Weerd: Mr. Cavener.
Cavener: Hillary -- excuse me. Hillary, can you refresh my memory. This one
that's before us, Natives, was included in the public comment with the other two
previous versions, but the other two previous versions were preferred, but
ultimately were not able to come to fruition; is that accurate?
Bodnar: Daniel Borup's is -- is being commissioned to go on City Hall.
Cavener: Okay.
Bodnar: Yeah. And, then, Danielle Foushee was the other strong favorite as far
as comments and as far as MAC's consideration of those comments. That's why
that recommendation came before you guys. Yeah.
Cavener: Madam Mayor, follow up? Were there any other pieces that the public
commented on?
Bodnar: They commented on a piece by Charles Hammond called True North. It
looks like a large archway and it has two different kinds of metal on it, COR -TEN
steel and stainless steel and, then, a -- kind of like a compass point that points
north.
Cavener: Madam Mayor, one additional follow up if I may? Hillary, can you
articulate as to why MAC chose not to recommend two options, as opposed to
just giving us Natives versus the other one you just explained?
Bodnar: I think that MAC chose one option as far as commissioning a piece just
to streamline what their recommendation was.
Cavener: Great. Thank you.
De Weerd: Any other comments?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, Hillary, I will just always pray that we eventually will
have a flag pole back in that corner. Art's pretty and all, but I'd much rather put
that money into a giant flag pole if we are going to put it into other mangled
metal. That's where I'm at.
De Weerd: You know, I -- I don't know -- when we talk public art, I hate to just
settle for the next one and I agree with the arts commission that they feel that
public art should allow for public comment and because that public comment,
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April 26, 2016
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then, even on this, would delay and not make it possible. I just think we are
settling and it's -- it's too important. If we have already set precedence to be
leery of awarding a piece twice in a row to the same artist, because of what it
might communicate to other artists, in particular the first time they -- they went
that direction it was with an Idaho artist. This isn't even an Idaho or an area
artist. I don't know.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hillary, update me on -- the original one that was picked for the north end
down there that we --
De Weerd: The Grove.
Bird: You don't want to hear what I called it. Anyway, who was the -- who was
the artist on that?
Bodnar: Danielle Fouchee and she was -- well, she's based out of Seattle.
Around that area.
Bird: And this is the same guy that did the one down here?
Bodnar: Correct.
Bird: Yes, I know that. He was a Meridian -- he graduated from Meridian High
School I understand. With this art stuff, we will spend six months de bating and,
then, wind up, you know -- and I know those -- I know the commission has went
through this and went through this and went through this and I'm like Ty, I'd like
to see the flag pole back up there with a flag, but I guess that's not going to
happen, so -- I don't know. All I know is we -- if we are going to have one up
there, let's get it done.
Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: I appreciate your comment and I can -- I can understand the -- the
conflict that you probably have had goin g back and forth on this, because I do
think it's important that we allow the public to comment. I think that some of our
neighbors to the -- to the east of us have encountered conditions where they
have moved forward on public art without soliciting from the public. To
Councilman Palmer's point, I would say that I would agree, too. I would love to
see a flag pole back there as well one day, but in looking at what's before us I
think that this concept of Natives is -- is a great recommendation from the Arts
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April 26, 2016
Page 18 of 58
Commission. It sounds like it's one MDC supports and, quite frankly, I think it
creates an opportunity down the road for a flag pole to return. So, I think the
public has had a chance to weigh in and to Councilman's Bird's point, we -- we
wait another six months, maybe a year before we may end up making the same
decision. So, unless the liaison to the arts commission has anything that she
would want to say -- if not I will make a motion.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I agree and I have been kind of torn kind of going back and forth on this
for a few weeks as well. But I do -- I do love this piece and -- you know, the fact
that there is going to be separate pieces I think will be -- it will be a really pretty --
and a great addition to Meridian. Also, we have many -- we have more art
projects into the future, so we have other RFPs to go out and more opportunity
for other artists in and -- and I agree with Councilman Cavener that to waste
another several months to maybe possibl y get something that we like better,
when I think we have an amazing piece of art in front of us, I'm okay with
commissioning this one. So, does anybody else want anything? Then I move
that we direct the arts commission to continue looking into commissioning the
Native piece for that corner.
Bird: Public comment? Thirty days for public comment?
Milam: No. Madam Mayor? The public has already commented and,
unfortunately, Hillary, you probably don't have any of those --
Bodnar: I didn't bring the public comments with me, no.
Milam: But there were -- there really was good comment on this and -- I don't
know for how long. Two weeks? Two weeks long enough? And I would add
that we have a couple weeks of public comment to decide -- or to help at least
guide in which three of these five pieces to go with.
De Weerd: Hillary, is that what this special meeting is to -- to discuss these five
and --
Bodnar: The special meeting is to discuss two things related to public arts. One
thing that they are going to be discussing is distribution of MAC funds by year
and the other thing that they are going to discuss regarding this project is what
C.J. Rench had reported back to me as far as getting the project done within this
fiscal year, but he did ask if the commission would consider requesting additional
funds.
Meridian City Council
April 26, 2016
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De Weerd: Yes. So, this doesn't fall in the budget, just to make sure you
understand that.
Cavener: Madam Mayor, before I maybe second that motion, question for
Hillary. Hillary, what's the difference between what's budgeted and what this
artist is going to be asking?
Bodnar: The budget for 40,000 dollars is MDC's commitment to the project. The
artist asked that -- the difference he was asking was 3,500 dollars to help cover
the cost of cement, because construction work has gone up in cement. Labor
has gone up in return. I followed up with him asking about if that was the
difference between his original proposal last year and what the cost of cement
and cement work is this year and he -- he didn't specify. I reached out to a
contractor to ask if -- what current cost of cement work for the project would be
and I haven't heard back from them yet.
Cavener: Madam Mayor, follow up? In -- in the budget that went out does that
include a contingency? Is there a contingency built into that?
Bodnar: No. Forty thousand dollars from MDC is the total budget. That being
said, MAC has MAPs funds that they could potentially draw from to cover the rest
of the budget. And the MAPs funds are to support public art in -- art in public
spaces.
De Weerd: And some of that discussion is to be centered around if this is high
enough priority or recommendation to tap into the additional funds.
Bodnar: Right.
De Weerd: Because their recommendation was two choices, not one choice,
and so that was to be a discussion item.
Bodnar: Right. They -- the Meridian Arts Commission hasn't had another public
meeting to discuss what the artist came back with asking about the budget, so it's
a chance for them to discuss and really deliberate. They might not -- MAC might
not want to go forward with that.
De Weerd: Hillary, does it make sense to bring this back next week after they
have had a chance to talk about it and if they are -- if they do have a strong
recommendation that this is what they want to do and they are willing to fund the
additional 5,000 dollars out of their MAPs funds?
Bodnar: I don't think their meeting would be until as early as May 3rd was when
they could all get together. So, they -- and I think actually May 4th they want to
be able to be at your next -- not next week's meeting, but the following meeting
from there. As long as I know that it wouldn't be -- it would still be considered by
Meridian City Council
April 26, 2016
Page 20 of 58
City Council to commission art work I think they could prepare a recommendation
if they do choose to support money from their MAPs funds, but if the city doesn't
support a commission piece or this piece in particular that they are
recommending, that's what I want to know, so that they can move forward and
release an RFP and get the process going.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Let's get a second while we are going to do all this --
Milam: Madam Mayor? I would like to withdraw my motion.
De Weerd: Okay.
Milam: Start over. So, Hillary, you were looking for -- do you want -- is that what
you're looking for is for us to choose one of the options or just to say go ahead
with whatever the commission --
Bodnar: Councilman Milam, if there is one option that the Council wo uldn't
consider, then, I'm asking you if you would eliminate one of those options or if
you would consider both of those options, then, I can move forward with MAC, so
they -- they can weigh out the --
Milam: Madam Mayor? I would -- I would be okay with either one of those
options and I think that the Commission should make that decision.
Bodnar: Okay.
Milam: I'm not in big favor of paying an extra 3,500 dollars, unless that is the
amount that the concrete has actually gone up since his proposal.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for Hillary. It sounds like you have solicited a
recommendation from MDC. Are you looking for a preferred recommendation
from Council or just that -- that we are supportive of both options?
Bodnar: No. If Council has a preference I would love to be able to take that
make to MAC.
Milam: Madam Mayor?
Meridian City Council
April 26, 2016
Page 21 of 58
De Weerd: Mrs. Milam.
Milam: I move that we recommend commissioning C.J. Rench's artwork with a
two week window for public comment on the selection of the three pieces, but
open to either option without being a preference.
Bodnar: Okay.
Milam: Is that a motion?
Cavener: Madam Mayor, question for the maker of the motion. No surprise.
Councilwoman Milam, is that dependent on the proposal being within the
originally quoted price?
Milam: Yes.
Cavener: Okay. I will second that.
Milam: As a preference, yes.
De Weerd: Okay. I have a motion and a preference -- or a second on a
preference.
Cavener: It was a second. A motion and a second.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I feel over my skis and wrapping my head around what's transpired and
which -- not your fault by any stretch, but getting my head around the sequence
of events, so the -- one of the last comments about it going to the art commission
to review and make the recommendation back to us, seems particularly
appealing to me, even if that means that meeting on the 4th and on the 10th we
hear at a workshop what their thoughts are. One of the concerns -- and maybe I
might be missing some things on this, but the integrity of the whole entire
process that's starts with an RFP and, then, comes to this stage trying to do the
right thing feels a little clumsy. This so long -- and maybe the arts commission
will address this -- is going this route with any decision jeopardizes the integrity of
how we come to these decisions, you know, is doing another RFP the right way
to do it? The commission's input, at least to me, is really helpful, becaus e I --
again, I feel a little sideways.
De Weerd: Discombobulated.
Meridian City Council
April 26, 2016
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Borton: A little bit discombobulated and it's -- it's not your fault, it's -- I think it's
mine trying to get my head around --
Bodnar: Madam Mayor and Councilman Borton --
De Weerd: And usually the recommendation comes from the commissions, not
from the Council. So, I think that's why it's a little -- sideways is not even the
appropriate term.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: The commission has already discussed this, Hillary; right? I mean didn't
they already have a very strong preference to commission this piece?
Bodnar: The commission did not have a strong preference of the two options
they presented to MDC.
Milam: They didn't?
De Weerd: And they haven't had a chance to discuss the cost increase either.
Milam: Right. That's --
De Weerd: Which could change their preference, you know.
Milam: They might change their mind.
Bodnar: Madam Mayor? It was my -- it was my decision to come to you today to
bring you up to speed with the same update that I brought to MDC, because the
contract for art would be in the city's hands. So, I'm trying to honor the same
update that I provided to MDC to this Council.
De Weerd: Well -- and I think that's fair. At least, Hillary, now you can bring back
the discussion that MDC has had and their -- their comments as well that that
money is easily pushed forward or transferred to the next budget year and, then,
they can have a discussion and bring back one option for Council.
Bodnar: Okay.
De Weerd: Which would be easier.
Milam: Yeah. Right.
De Weerd: For a discussion piece. Didn't I have a motion and a second?
Meridian City Council
April 26, 2016
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Bird: Yeah. Let's call for the question.
De Weerd: Okay. The motion and second I won't repeat. Madam Clerk will --
the preference is to give preference to Natives with consideration to the other
options. Was that -- okay.
Milam: Madam Mayor? As long as there is no price increase.
De Weerd: Without a price increase. Okay. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Borton, nay; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
MOTION CARRIED: FIVE AYES. ONE NAY.
Bodnar: Thank you.
B. Parks and Recreation Department: Request for Approval
of AIA Agreement Between the City of Meridian and The
Land Group Regarding 77-Acre Park Design Services for
a Not-to-Exceed Amount of $641,726.94
De Weerd: Okay. Item No. 9-B is under our Parks and Recreation Department.
I see you're coming with a strong recommendation, so --
Barton: I believe we have a strong recommendation. Madam Mayor, Members
of the Council, thanks for the opportunity to discuss an agreement that we have
before you. The agreement is between the city and The Land Group for 641,000
dollars that will provide construction documents for phase one of our 77 acre
park, which is in south Meridian off Lake Hazel. We -- we have a budget that
was approved of 750,000 dollars, so this proposal is under budget. We have --
we took and refined the project scope of this, their proposal, and we actually took
70,000 dollars worth of fees out of their original proposal for items such as a
special soils consultant and some irrigation consulting that a lot of that that we
can handle in-house with our own staff. So, we got them down. The other thing
that we did is we -- we placed some of their -- some of their fees into a
reimbursable line item, which, you know, for one -- one example of that is -- there
is a traffic study that we think we are going to need, but we are not really sure
how much of a traffic study we need. That's going to depend on -- on how many
parking places are designed in that 40 acres. I know that The Land Group, who
is our choice of consultant on this project, took the concept plan to ACHD and
they -- they kind of recommended a full traffic -- traffic plan, but, obviously, we
are not building out 77 acres, so we don't think we are going to need that. In fact,
we are quite confident. So, the 641,000 dollars is a not to exceed amount. We
expect it will be less and with the remaining funds what we do with these projects
Meridian City Council
April 26, 2016
Page 24 of 58
is we get to a certain stage of design and, then, bring a construction manager in
for pre-construction services and that construction manager will -- will truth the
costs and give us a real accurate opinion of cost and that pre-construction
service will take us all the way up to bid time in the project. As far as the project
timing, if we can get started on design this summer we will have a good idea of
what it will take to construct phase one and we can come in next spring with a --
with a solid budget request for fiscal year 2018. It's our hope that we could bid in
December of 2017 for a 2018 spring start to the construction project. So, I guess
with that I will stand for questions.
Palmer: Madam Mayor?
De Weerd: Thank you, Mike. Yes, Mr. Palmer.
Palmer: Madam Mayor, Mike, I think I heard 40 acres in there. Is that what
phase one will be?
Bird: Madam Mayor, Councilman Palmer, yes, sir. We think it's going to be in
the 40 acre range. So, 40 out of the 77 would be phase one.
Palmer: Follow up, Madam Mayor?
De Weerd: Uh-huh.
Palmer: And so the remaining 33 acres -- 37 acres would remain as they are or
is that going to be just grass plain or --
Barton: So, currently we have an agreement with Turf Co to grow sod out there
and we are hopeful that they will just grow sod on the back half, so it could be an
overflow for soccer fields -- I mean everything is kind of contingent upon parking,
but I mean if you look at our CIP and kind of -- kind of forecast our years, we
have funds in our 2018 CIP for construction of phase one and, then, in 2021
there is an additional amount of four million dollars for construction of phase two.
So, we are kind of hoping that it will stay in sod and maybe provide some
overflow green space and, then, by 2022 actually build the rest of the park and
some of this is, of course, contingent on development and our approval of impact
fees.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And, Mike, a lot of this planning by The Land Group at this point, even
though it's the first phase, which is 40 acres, a lot of this will include the
infrastructure that we will have for the 37 acres also; right?
Meridian City Council
April 26, 2016
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Barton: Madam Mayor, Councilman Bird, that's -- that's exactly correct. I mean
we are bringing services into the site. We will be building an irrigation pond. We
will put an irrigation pump and electrical components that will support the back
half of the site. So, there is a lot of expense in up front planning, if you will, to get
the front built so it will support the back.
Cavener: Madam Mayor?
De Weerd: Yeah, Mr. Cavener.
Cavener: Question for you, Mike. What opportunities for the public to participate
or provide feedback as to what amenities will be offered in this park that's in this
process?
Barton: Yeah. Madam Mayor, Councilman Cavener, yeah, once we get going
we have -- during our park system master plan update we did a -- did a concept
plan for this park and I'm not saying that we are going to use that particular
layout --
Cavener: Uh-huh.
Barton: -- but it was a good -- kind of a good measuring tool for what the public
might desire in this park and we got some really valuable feedback based on
those public meetings that we already had. So, we are going to take some of
that and bring it into the first couple stages of design and, then, from there we will
hold public meetings. We will hold both open houses, we will bringing the
Council along -- you know, along the way along the process. We will be talking
to our parks and rec commission and gain their feedback. So, there is -- in these
fees there are numerous public meetings and as we go forward we will -- we will
schedule those.
Cavener: Great. Thanks.
De Weerd: Okay. Any other questions?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I would like to move that we request -- that we approve the AIA
agreement between the City of Meridian and The Land Group regarding the 77
acre park design services not to exceed the amount of $641,726.94.
Bird: Second.
Cavener: Second.
Meridian City Council
April 26, 2016
Page 26 of 58
De Weerd: It looks like we already have our vote. Oh. Motion and second.
Madam Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
MOTION CARRIED: ALL AYES.
C. Finance/Human Resources: Direction/Guidance on
Presentations on: Compensation Plan, Health Care
Benefit Projections, and Allowable 3% Property Tax
Projections for FY2017
De Weerd: Item 9-C is under our Finance Department and HR.
Bird: Oh, boy.
De Weerd: How quickly you get a reputation.
Ritchie: Madam Mayor, Members of the Council, thank you so much for having
Todd and I back this evening. As you know that we have come before you --
hold on. Sorry. It's not working. Okay. We have stood before you during the
month of April to discuss with you several different budgetary topics for the FY-17
planning and preparation for -- thank you, Todd -- for the new budget year
coming up. We stood before you to present to you some information for your
consideration. Those three topics were our city's compensation plan, the city's
benefit program, and in addition to that the person allowable tax on information.
We shared a lot of information at that time for you and Todd and I are back this
evening to discuss with you and answer any questions that you may have in
addition to that, receiving your guidance and direction, s o that we can go ahead
and move forward. So, just to kind of summarize and wrap up, the three different
topics that we presented to you during the course of the month -- the first topic
was our city's compensation program. Just as a reminder the compensation
program is supported by a city policy and we do have established salary
guidelines that we use when administering our merit program. The
considerations that we presented for you and to you the first part of April was for
your consideration of a two to four percent placeholder for the budget for a merit
increase. As I mentioned to you back in the first part of April we will not have our
local, state and national data until May and June of this summer, but we wanted
to come forward and share the information with you that we had, so that we could
look to some direction from you as we move forward and prepare for the FY-17
budget. We will continue to monitor the information at the local, state and
national levels and bring that information back to you.
Meridian City Council
April 26, 2016
Page 27 of 58
Lavoie: Madam Mayor, Members of the Council, what we have here is the slide
that we presented to you in our previous meeting. What this shows is a
mathematical calculation of our estimates on what the merit would look like from
two percent to four percent for the city as a whole. Please note that the numbers
that we are looking at -- these do not include any adjustments to the police STEP
plan. The police STEP plan is handled in a separate function and those
adjustments, if there are any, will be presented to you on a different form. But,
again, this here represents what the total cost would be for -- let's say, for
example, for three percent, the city would be looking at approximately 673,000
dollars as an annual increase to the overall personnel wages and as a secondary
note, please, note that this does include an estimate to the fire department union
contract. Unfortunately right now the union contract is under negotiations. We
do not have a final number on which direction to go. I just threw the n umbers in
there just as a possible placeholder as an estimate to show you what the impact
would be if we increase their wages at the same rate as the general employee.
So, again, right now what we are looking for is some direction so that we can
develop a Mayor's budget proposal in the month of May for you. With your
direction we can apply a two percent -- or, again, it's up to you. We are making a
recommendation between two to four percent for us to input into the city budget.
So, again, we are standing here now to answer any questions, look for direction,
so that the Mayor and I can develop a budget accordingly based on your
direction.
De Weerd: Questions? Comments?
Lavoie: Madam Mayor, apologize. Just want to remind you that all decisions
that we make here can be changed up until July 20th. So, again, you're just
giving direction, you're giving guidance, so if you give us the direction of applying
a three percent with -- still right in the middle, we will apply the three percent, the
Mayor and I will develop a budget for you with three percent built in and, then,
Council does have up until July 20th to make any changes to this said
recommendation. Just wanted to put that out there.
Little Roberts: Madam Mayor?
De Weerd: Yes, Mrs. Little Roberts.
Little Roberts: Does the almost six percent voluntary separate -- how does that
compare with other cities and how does it compare with the business
community?
Ritchie: So, we have not gone out and asked that specific question to the local
municipalities in the Treasure Valley. We can certainly do that and I can provide
you that information and follow up with you at a future meeting or via an e-mail.
Little Roberts: Okay. Thank you.
Meridian City Council
April 26, 2016
Page 28 of 58
Ritchie: You're welcome.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, you're looking for an amount at this point -- you're not -- not
necessarily whether it's merit or cost of living or however it's divided up, we don't
have to necessarily set that, you're just looking for a placeholder amount f or the
budget?
Ritchie: Mrs. Milam, that's correct.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question potentially for Crystal. Madam Mayor, you may want to
chime in as well. As we have -- going through this process, which I have found
to be incredibly valuable, there has been some, I don't know, questions regarding
incentivizing what is deemed satisfactory work and I think that we have done a
good job somewhat navigating down that path. My question is is there a
scenario -- and, again, I'm not sure -- I'd like Council's thoughts on this -- where
we provided a predefined percentage as a cost of living for -- for staff and, then,
a secondary amount that would be associated with exemplary service as part of
their evaluation? Your thoughts, opinion?
Ritchie: So, that is something that we have had some brief conversations about
and we are willing to look at for next year as a different form and different method
to recognize and reward our employees for performance. I will tell you th at as a
city we don't offer a COLA, which is a Cost Of Living Adjustment --
Cavener: Right.
Ritchie: -- into our policy currently. So, that is something we would need to
address if we want to move down that path for FY-18, but we still are open and
willing to discuss different types of merit or different types of pay programs for
our employees.
Cavener: Great. That's a great answer. Thank you.
Ritchie: You're welcome.
Cavener: Well, we are awfully quiet. I will go --
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Todd, what is -- I don't know if you know exactly. What's -- what's the
average salary for the city? Do you have any idea?
Lavoie: Madam Mayor, Councilman Bird, unfortunately, I do not have that
answer at my fingertips. Sorry.
Cavener: I expected you to ask that.
Bird: Well, I have seen -- I have seen it.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It sounds like we are going to take these one at a time, rather than as a
group, so whether a fund is allocated or proceeds are allocated as cost of living
or merit or some combination, isn't for today, it could be any or both or neither.
We all recognize that this city lives and dies with the employees and we hear
from community groups and applicants and our own staff all the accolades that
we receive and it's due in large part almost exclusively to the employees that we
have. And we talk about being conservative with our budgets and conservative
with spending taxpayer dollars and I think all of our city employees know that
and that goes both ways. When times are difficult I think our employees
recognize that -- that they will be tasked to -- to participate in reigning in some of
the -- the costs when times are difficult. But when times are good and our city
succeeds through their great efforts, we want to certainly recognize them in any
way that is prudent and appropriate fiscally. So, I'm comfortable from my opinion
in developing a budget with a placeholder that has the three percent in it. I think
Councilman Cavener brings up a great point that should be discussed further.
How that is allocated, some percentage as a cost of living component, some
other percentage being utilized for merit compensation and specifically how we
administer our merit program can always be reevaluated and there may be more
effective ways to use those funds to truly reward those exceptional employees
that we all know are there. Again, it's not -- I don't think that's a decision for
today, that's not part of the discussion, but we don't want to lose sight of -- that's
just an opportunity that -- that we can improve what we are doing. If we are all
going the same direction trying to reward our valuable employees, I think that's
just another opportunity to do that more effectively. So, that's a long version of
what -- at least I'm comfortable placing in the budget and you brought up a point,
which I think is correct, and employees recognize that, is we are setting forth a
placeholder -- quite frankly, it can go up, it can go down as we vet all of the other
expenditures that it takes to run the city successfully. So, I get a sense that the
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employees recognize that and the Council and Mayor certainly recognize that.
So, that's the basis from -- at least my recommendation going forward.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I agree with Joe.
Little Roberts: I second that.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I guess I will be agreeing with Councilman Borton as well. I guess I
would -- if you're looking for feedback, which is why you're here in front of us. I
would be more in favor of four percent as opposed to three percent, with the
caveat I think, again, that staff understand s there is a potential that that number
could go down. I -- to Councilman Borton's point, as a placeholder three percent
makes the most sense. I think that we have all been in positions where if it's
three percent we don't ever see it going up to four percent. So, if we have the
ability to start at four percent, recognizing that we may have to have that tough
discussion where we chip away at that to a degree, I would rather start at four
and work down than start at three and work down. Again, that's just my
perspective.
Little Roberts: Madam Mayor?
De Weerd: Or start at three and work up.
Cavener: It won't happen.
De Weerd: Mrs. Little Roberts.
Little Roberts: Well -- and I agree with Councilman Cavener, I think we should
start at four as a placeholder and potentially have to shave some off. And maybe
not.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I think it's more exciting to start at two and work up.
Bird: I would agree with you, Ty, a hundred percent.
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De Weerd: Okay. We will bring you back something.
Cavener: Two in favor of four. Two in favor of two. Two in favor of three. I think
you have got three different doors you can walk through.
Ritchie: Thank you. The second topic that we brought back to you on the 12th of
April was -- excuse me -- was in regards to our city benefit program and so
currently I shared with you that we do have a benefits committee that is working
diligently to move forward and provide to the city and to the employees the most
effective, cost efficient program that we can with as rich of a program as we can
for those dollars. Currently that benefit committee is working towards no design
-- design plan changes, with the possibility of an increase to the health savings
account. We are this year going to be going out to market regarding our medical
plans, the flexible spending, and our COBRA administration services. So, what
we brought you back earlier in April was a placeholder and a recommendation for
consideration of a nine percent placeholder based on our current experience
rating of 102 percent. In addition to that please keep in mind that of that nine
percent five percent right off the top of that figure is to cover the ACA pass
through charge or surcharge that we discussed a couple of weeks ago. Actual
renewal rates will not be available until June. We have different meetings as well
coming up with a lot of local agencies where we will be able to gather what other
Treasure Valley and other state agencies are going to be doing in regards to
benefit increases, merit. Not to back us up any further, we will provide that
information forward. So, we will continue to monitor this one as well. And to
reiterate what Todd shared with you is that, again, all of the information and
guidance and direction that we are receiving this evening is su bject -- we have
the opportunity to make changes up through July 20th I believe. So, Todd?
Lavoie: Thank you, Crystal. Again, Madam Mayor, Members of the Council,
what you're looking at here is a slide that we presented to you at our last
meeting. This is the total cost for the city's benefit package year over year. As it
was recommended, we are recommending a nine percent request for the benefit
package and that is from 2016 to 2017. So, to go from 5.2 to 5.7 that does cover
the nine percent that we are making a recommendation towards. So, today we
are looking for I guess guidance and support of accepting the nine percent into
the budget as a placeholder as we are. Again, if any discussions come up
between now and July 20th we are able to make the changes, but as a
placeholder as we could say, we are comfortable with nine percent. Again, we
are just looking for your guidance and we will put that into the budget proposal for
you in May.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: Todd, does that -- does that include increasing FTEs if we should add it?
Lavoie: Councilman Bird, all FTE additions to the budget -- all benefit costs are
going to be included on those enhancements that are presented to you during
the June meetings.
Bird: And that will show up in that?
Cavener: That will be an actual number.
Milam: They will know it by then.
Lavoie: That is correct. We will adjust the rates accordingly for that, yes.
Bird: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Crystal, I believe I heard -- I just want to make sure we are clear on
that, that what we are expecting to come back with is no change in services
offered?
Ritchie: We are working towards no change to the plans that we currently have
in place.
Cavener: Great. Madam Mayor, follow up? I think nine percent -- you're the
experts on this. If you think nine percent is the right number I'm not going to
question that. I'm in support of that.
Milam: Madam Mayor?
De Weerd: Nodding heads. Yes, Mrs. Milam.
Milam: You didn't give us very much -- you didn't give us any options on that
one. Nine percent or ten percent or 11? No? Obviously, yeah, I'm in favor of it.
I just want to say, though, that I'm very glad that you're -- we are going out to bid
and, hopeful, you have several different options this time.
Ritchie: Yes. And we will bring that back and share that with you as well, Mrs.
Milam.
Milam: Thanks.
De Weerd: Okay.
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Lavoie: Thank you. So, the last part of the road show was your three percent
allowable tax discussion. We presented to you the state code that the city
follows to develop our annual property tax calculation and we presented the
components of the property tax calculation and, again, we are -- and we also
presented the reasons and the components of why we would want to consider
taking the full allowable three percent at that meeting. So, in summary, this
sheet -- here, again, all numbers are subject to change, but this is a summary
sheet for us to consider. The item that we want to discuss is the three percent
allowable increase. All the other components within property taxes are governed
and mandated by the state. There is really not much discussion there, It's just
the three percent allowable. We have that option. Again, our recommendation to
you is to exercise the ability to take the three percent to cover the expenses that
we -- that we represented -- presented last week. Again, this is informational
purposes. It shows you that if we did take the three percent it would be a total
cost of seven and a cost -- that would be a revenue source of 781,000 dollars to
the city. So, with that we are looking for guidance, direction, placeholder. Again,
as we have stated in the other two items, all items are subject to change up to
July 20th. But for us to develop a budget for you, if you can give us guidance on
what we need to input into our revenue source, that would be helpful.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: While we have this discussion can we sit on that slide?
De Weerd: What was that question? Statement? Okay.
Borton: Madam Mayor?
De Weerd: Mr. Palmer. I mean Mr. Borton.
Borton: Todd, can you talk about the budget building process? If it was looked
at in reverse where the Council were to say exclude the three percent, develop
the balanced budget, for better or for worse, based upon that and utilizing the
June workshop where we kind of tear into things in detail, that decision can be
added back in if and when nece ssary, is that kind of too backwards and
cumbersome to do it that way? I'm just --
Lavoie: Councilman Borton, that process is possible. We are -- we have up until
July 20th to add the property tax increase up to three percent or reduce the
property tax down to zero, like you're recommending. Either way will work. We
feel if we add the three percent in now you can see what the total impact of the
increases to our revenue would be, so you can see if you can cover all the
expenses supplied to you -- or represented to you during the June workshop
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meetings in whole. So, either/or would work for this presentation. We are
making a recommendation that we add the three percent in for presentation
purposes.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I like Councilman Borton's idea. I think that -- let's set our budget to the
workshop less the three percent, Todd, and we can always add it back in. See
what we have to cut and what we don't. I mean you don't have to come in with a
balanced budget at the June thing and, then, we can budget it to -- we can see --
I hope you can come in with a budget balanced, but --
Lavoie: Well, Madam Mayor, Councilman Bird, we can definitely start with zero.
The Mayor and the financing -- our goal is to always present to you a balanced
budget.
Bird: Oh.
Lavoie: That has been a desire of the Mayor and the finance team and the
directors.
Bird: And the Council.
Lavoie: So, for us to deliver a budget to you in May we will most likely budget to
the revenue source that you recommend. So, if you recommend zero percent
allowable tax, we would probably most likely deliver to you a balanced budget
with that in consideration. But we know that we could change it with the
additional revenues if you allow us to take t hose 781,000 dollars that's available
to us.
De Weerd: Well -- and I would -- most of you were participants -- well, all of you
were participants in the base budget discussions and I think there was one
department that came in without any increase at a ll. I just -- and with the
discussions you just had with salary and benefits, the base would not come in --
you need the three percent just to keep up with the base, but it does cut into
levels of service and the growth that we just experienced. So, we will come in
with whatever you want, but what I -- I would like is if we say don't take the three
percent at least to give us an idea of why.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
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Palmer: Madam Mayor, question -- Todd? What -- with the increase in property
values, hence more taxes being paid, what -- what does that do? How much --
what's the difference there with -- with the increase in property values -- the
assessment going up anyway -- not the assessment, but the actual dollars.
De Weerd: Yeah.
Lavoie: So, the way -- Councilman Palmer, so as the property value increases
within this city taxing district, in the mathematical that's your numerator, that's the
number on top. So, the higher that number gets to potential of your total tax lev y,
the .003 that we are comfortable with, will go down. So, if the tax -- the taxable
value actually -- it's -- it's an inverse relationship. So, if the taxable value goes
down, most likely your tax levy is going to go up. If your tax value for the whol e
city goes up, your tax levy will come down. I'm not sure if that helps you there.
So, again, every property is unique to itself based on the exemptions that Ada
county provides you. So, not every single house is going to be the same. So, if
your house goes up ten percent, well, because of the exemption -- so, if your
house value goes up and based on the property taxes that we require for our
overall budget, again, they all interact, but if we raise the budget, the amount of
taxes that you pay will most likely go up just slightly. Not at the same rate that
your property tax went up. I'm not sure -- I think I may I have lost you there, but
-- I apologize.
Palmer: Mostly got me.
Lavoie: Yeah.
De Weerd: Generally, historically, when we have seen the market values go up,
your levy goes down.
Lavoie: That is correct. The inverse relationship.
Palmer: Madam Mayor, follow up then? Or I guess not necessarily follow up, but
he says that if we say zero percent he's going to deliver us a ba lanced budget at
zero percent. I think not increasing property taxes and balancing our budget
sounds fantastic. So, that's where I'm at. I certainly am not going to vote for a
tax increase when we are paying for art and other things.
De Weerd: We aren't paying for art.
Palmer: When we are allowing other organizations to collect taxes to spend
money on art.
De Weerd: They can make their own decision. We are not a nanny city. Sorry.
Other discussion?
Meridian City Council
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Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I'm concerned with keeping up the levels that our citizens expect
us to provide if we don't look at the increase. Would it be extremely difficult to
present both, a zero and a three percent increase -- two different budgets for us
to look at? Okay. I guess the answer to that was yes.
Lavoie: Madam Mayor, Councilman Little Roberts, we can deliver the budget to
you in an unbalanced position of -- it's called 781,000 dollars. We could deliver
that to you. Again, it's a desire of the Mayor and the Finance Department to
deliver you a balanced budget when we present to you, but we could present to
you an unbalanced budget. Again, it's not something that we like to practice.
Again, I agree with you that the level of service is a big requirement -- or a big
reason why we need to take the three percent and, hence, the recommendation
to you last week of why we would promote taking the full three percent for those
costs, those recommendations and those future nee ds of the city.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I didn't intend to open a can of worms to necessarily make a decision,
I'm, quite frankly, open to both myself . I was merely asking to see if the process
allowed us to do it backwards, to exclude it and add it back in. It very well may
be appropriate. The argument for including it in the -- the compounding effect -- I
think it was in your earlier presentation, you know, over ten years, like 4.9 million
dollars of lost revenue -- well, the converse argument can be made by avoiding
an increase one year can effectively reduce taxes to the citizens of 4.9 million.
Even if you were to take it in subsequent years. So, it cuts both ways. And to
the Mayor's point, to have that discussion in June, well before July -- I think the
June workshop where we see here that -- the real consequences if we were to
choose to not take it, whether on level of service or even merely balancing the
budget, it might not be feasible to not take it and that June workshop might
explain that in great detail, at which point we would make the decision. But part
of the process that we are going to I think use going forward, which would be
helpful, is the CIP and as we memorialize our commitment to the CIP going
forward more consistently, we will recognize and it will be helpful in June to know
if we are committing to fund X or Y in 2019 or 2020 and we are on board
generally with the commitment, that will help articulate to us why perhaps three
percent is appropriate today to help fund that future capital project. So, there
may be very good reasons to include it that might come out in June. It's possible
to exclude it. I'm not necessarily saying in my eyes it stays out forever, but be
nice to see it without it, if it's possible. So, that's kind of why I brought it up. I -- I
think intuitively there is problems if it's not included, in light of what the city's --
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how it's growing in a variety of ways and its capital commitments going forward. I
think June might expose all of that and at least get me comfortable why it may be
necessary.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: If I'm not mistaken, Councils over the past 15 years 13 different years
have taken three percent. Is that accurate, Todd?
Lavoie: That is accurate.
Bird: Never turned it down.
Cavener: So, Madam Mayor, if I may. I have struggled every year that I have
been on this Council with taking the three percent for many of the reasons that
Councilman Palmer articulated. However, to Councilman Borton's point, the fact
is that our city is growing and the demands grow more and more each year.
Even though it's a very hard pill to swallow raising taxes, sometime it's a
necessity in order to maintain the level of service that our community offers. I
question the coming in at zero, if that doesn't just create a much more challenge
for this Council and for our staff between now and June. Not saying it's a
foregone conclusion that we are going to take three percent, because I 'm not
there yet. But I do think that it's possible that we would inevitably take a one
percent or a one and a quarter percent, again, depending on the need and so I
guess my -- my question may be for Todd is in light of I think Councilman
Borton's point of kind of starting working backwards makes a lot of sense,
knowing that the finish line inevitably would result in some increase of some sort,
potentially. Is there a -- is there a middle road, is there a better solution that
allows staff and the Mayor to bring a balanced budget to -- so they feel -- you feel
like you're moving forward correctly, recognizing that the Council isn't completely
on board with just arbitrarily saying we are going to take a three percent? I really
-- that's a big question with lots of pieces, but I'm -- I'm curious your thoughts.
Lavoie: Madam Mayor, Councilman Cavener, the Mayor and I can definitely
develop a proposal to you with zero percent, like your -- Councilman Borton and
Councilman Palmer and you are recommending. We can look at a process
where maybe we can still deliver a balanced budget, because that's our desires.
Maybe we can look at developing a list of unfunded items that didn't make the
balanced budget, so that if you do consider a three percent, two percent , one
percent, we can add those items back into the budget. I was just thinking off the
top of my head, like you said, a lot of moving parts. Again, that's something for
the executive team and the Mayor to develop. There are possibilities, there are
ways that we can get to you the information that shows both a zero percent and
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what the impacts are by items that didn't make the cut for a balanced budget, we
could figure that out for you, yes.
De Weerd: We can do about anything. I mean -- again, it's -- I have listened to
some of the conversations that we have had wi th individuals and even with our
citizens who would rather see incremental changes instead of one large thing
and I think that this Council, as in former councils, has not been interested in the
foregone balances ever, but as -- because those were decisions that were made
when we were growing only slightly, but you have seen the cumulative impact
that means to an unfunded CIP or an unbalanced CIP. We are going through a
couple of exercises in the coming months and maybe couple years to costs of
levels of service and priorities in government that will give you better tools to
make decisions like this. But if you even look at the capital improvement plan,
we are talking about adding a fire su bstation next year or even the following year
-- the capital alone is 1.5 million and two million and addition to the base is 1.2.
Even if you just took the three percent and put it in the public safety fund and
said that is going to be dedicated to the base for the personnel costs alone -- I
don't know. We are -- we are growing and the -- the decisions we make up here
on that growth kind of have already answered the three percent question, but if
you want us to bring you a -- a budget without the three percent, with the three
percent in personnel and the nine percent in benefits, we will figure it out.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: How fun would it be to be able to go the public --
De Weerd: It's going to be fun.
Palmer: -- and say, look, we figured it out, we -- times are good and getting
better, maybe, but we could have taken three percent, but we figured it out, we
didn't need that three percent. We didn't increase your taxes and we kept the
services as they are and we -- we made it happen. That's what I want to come
out of this next year being able to say, not, yeah, we increased your taxes,
because we needed it. They say why? Well, go look at every line and figure it
out. I just think it would be a blast to be able to go out and say we didn't increase
your taxes and you still get the Meridian you have. I think we can figure it out.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: To Councilman Palmer's remark, I -- yeah, that would be great. I would --
I would love to not raise taxes. I pay property taxes on six houses in Meridian, so
I would love that. But it's probably the conversation is going to be more like, hey,
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April 26, 2016
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we didn't raise your taxes, but if you call 911 it might take a little longer for
somebody to get there, so don't expect them very fast. That's a problem that I
have with it. So, as much as I don't want taxes to raise, we can't maintain a level
of service that we have, because with the growth you can't spread them any
thinner and maintain the service. So, we need -- we have additions that we are
going to need in our emergency service departments.
De Weerd: And I would like to say that the councils of -- of the past have tried to
walk that fine line of keeping your taxes low and your service levels at the service
levels that our citizens expect and that's a good thing. But lean and what we
expect of our employees I think there is -- there is a cost of service and you will
have some departments that will come in front of you already saying we are
already too lean and you're going to see that in requests, so -- but --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I -- I think that -- that our service as -- we have had -- we have had one
department that their budget in five years went up over three million dollars and
their response time has went up over a minute and a half, so --
De Weerd: And how much have we grown?
Bird: Well, we have thrown the money at it, so I would say let's give it a try and I
-- our service will be top notch, I can tell you that. It will always be top notch.
De Weerd: Okay.
Lavoie: Appreciate that. Will go ahead make the recommendation -- or take the
recommendations and develop a balanced budget for you and we will present it
to you in May. So, Mayor, we have some work to do. So, with that we stand for
any other further questions. If not we will take your recommendations and
develop the budget accordingly.
De Weerd: Thank you, Todd.
Lavoie: Thank you.
D. Community Development: Meridian/McMillan
Intersection Configuration
De Weerd: Thank you, Crystal. Okay. Community Development. Caleb.
Hood: Thank you, Madam Mayor, Members of Council. I'm glad I get to follow
that discussion. This will be fun. So, this actually is a conversation about an
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intersection, so I just want to orient you real quick. It's in the title of the agenda
item, but just kind of want to orient you to Meridian-McMillan intersection and I do
have Google maps up, so we can kind of zoom in and out if we need to.
Heritage Middle School on the northeast corner. It doesn't show it now, because
this aerial is a little old, but this is where Paramount commercial and the
apartments are going in. So, this is Paramount over here. So, that kind of
orients you a little bit with the intersection we will be talking about today. There is
a developer cooperative project -- that's what ACHD calls these -- back in the
day. I think it was about 2008 that this intersection was rebuilt. I didn't look that
up, I'm sorry, but the developer basically built this intersection ahead of ACHD's
plan. So, that's what they call a developer cooperative project. As part of that
design of this intersection ACHD allowed the reconstruction of this without
realigning the Lemp Canal and that really is going drive a lot of what we are
going to talk about today. You can see the canal crosses underneath this
intersection and creates an offset. Just to compare and contrast a little bit,
ACHD did a project -- if I can pull this over -- not too long ago, just a couple miles
down -- or, excuse me, one mile down on Locust Grove. So, this is the Maverick
gas station. This is all under construction now, but you can see the -- the South
Slough, Lemp Canal, came here and what ACHD did -- it used to run through the
intersection and go to the north side through the intersection, but it was relocated
back here and that allows your lanes at the intersection to align better. So, just
to kind of see. But it's very expensive. This is a major facility and costs a lot of
money to relocate it. So, again, jumping to the subject intersection, that creates
some of the problems. It's not unusual to have an intersection that has your
lanes offset. What makes this intersection configuration a little bit different is the
length of the throat. So, Meridian Road here isn't overly wide , so as you're going
east to west you don't have five, six, seven, eight, nine travel lanes to make up
the difference of going five, six, seven feet out of direction. So, just to kind of,
again, orient you a little bit to what's going on here. You have got the canal that
creates that offset here and a fairly narrow Meridian Road, you know, relatively
speaking or comparatively speaking to other intersections. You're under the
same thing at Franklin and Main Street, but that's so wide by the time you get to
the other side you don't even know that you went six, seven feet over most of the
time. So, there is some -- sometimes it's designed a little bit different -- or a little
bit better than others, but it's not unusual, it's not ideal either. So, that's kind of
the situation. So, back earlier this year there was a gentleman that had a crash
out here -- get to the slide here. So, this is the same intersection, just a little bit
older aerial, and it was a dark winter's night, it was rainy, he was heading
westbound in this travel lane and didn't see the median until he was right up on it
and hit the median and ended up over in the shoulder going through the mud --
long story short, I mean had to get towed out. A wrecker had to come and get
him he was so deep in the mud and messed his car up. So, these pictures kind
of show you what that offset looks like today and you can see that it is. He came
and presented that to ACHD. ACHD said what we will do for you is we can add
some tracking -- you can kind of see the tick marks, you know, that they -- you
know, as you're making like dual lefts they kind of have, you know, stay in your
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lane as you're making the turn -- some paint and add a taller candle at the -- at
the head of this center median. He didn't like that answer. Contacted the
Mayor's office. The Mayor referred -- his name is Gerald Diffendaffer -- referred
him to the transportation commission and the transportation commission heard
from Mr. Diffendaffer earlier this month and what the commission recommends is
that the Mayor or City Council, whoever wants to be the signator, send a letter to
ACHD asking them to enter -- in the interim, until additional improvements are
made on McMillan and at the intersection -- I will come back to that in a second.
Remove the bike lane that currently exists on the south side of McMillan in this
location. It's about 400 feet long. There isn't any other bike lane back to the
west, so this is kind of an isolated instance of bike lane. There is bike lane on
the east side of the intersection. However, that ends at about a third to a half
mile -- I didn't measure it exactly, but if we want we can go back to it, but it goes
about that far and doesn't -- so, it doesn't go even to Locust Grove, it stops again
roughly a third of a mile -- almost half a mile down. So, what the commission
would like to do is have the Mayor send a letter to ACHD asking them to restripe
this intersection. The median would, obviously, would have to be relocated
approximately six feet to the south and that better aligns the intersection. Until
the intersection is rebuilt and/or Meridian -- or, excuse me, McMillan Road is
widened and that's, again, the little caveat h ere. It is an interim request,
however, it's probably going to be a long term interim request, because there isn't
a segment of McMillan in ACHD's capital improvement plan, which is a 20 year
plan, east of Ten Mile. So, right now anyways best guess would be 21 or more
years out. So, ACHD doesn't plan on doing anything on McMillan in the
foreseeable future. So, some day, you know, it would be great to have the bike
lanes on both sides of the street to and through this intersection, but that was
what the transportation commission recommended, again, due to that -- that
exiting offset. You can see it's been hit for sure. I mean it -- as Mr. Diffendaffer
testified, I mean it's -- it is an issue. So, that was the request of the
transportation commission. I have not drafted that letter yet. I wanted to have
this discussion first to make sure before I went to that effort, but I can certainly
draft that and I don't anticipate bringing the whole letter back, but just working
with the Mayor, Mayor's staff to get that letter done, if the Council agrees to send
such a letter to ACHD with that request. So, that is the presentation, Madam
Mayor, and I will stand for any questions.
De Weerd: Thank you, Caleb.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, this looks like a common sense proposal before us. I'm
curious what Justin has to say.
De Weerd: Aren't you glad you stayed, Justin?
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April 26, 2016
Page 42 of 58
Lucas: Madam Mayor, Members of the Council, for the record Justin Lucas
representing the Ada County Highway District. Business address is 3775 Adams
Street, Garden City, Idaho. So, just to preface my remarks, I am not a traffic
engineer and really have no desire to be one. I did have a chance to sit down
today with Tim Curns, who actually used to work here at the City of Meridian, and
we discussed this situation at length and our traffic department has done quite a
few improvements out there, including the things that Caleb mentioned. A post --
I actually saw it. It's almost 36 inches high. It 's larger, much more visible. The
track marks do help. I'm -- my personal opinion on this issue is probably
irrelevant at this point, because I'm not a traffic engineer. I don't want to sway
you one way or the other. I can say that this is not an uncommon situation. We
did review the crash history at the site and it is not expensive in any way. There
is a 250 watt luminaire light post directly above this location, so there is adequate
lighting and there are reasons why the intersection was designed th is way that
you saw that canal as an extensive and large facility and that's why the offset
exists. The removal of the bicycle facility -- although this is not completely
connected, through the work of Brighton Corporation you are going to have
apartments directly across the street from the school and depending on where
those children are going, there may be enough -- there may be some use of this
bicycle facility and I know that Brighton has come and had early discussions with
ACHD to enter into another developer's cooperative project to extend and widen
McMillan Road in this area in front of what is the Paramount Subdivision. So, I
think there is a lot going on out there. This is a rapidly developing area and
although ACHD may not have any specific capi tal project out here, that does not
mean that the bike facilities cannot be extended through work from a developer --
potentially maintenance work from ACHD. We actually are able to add bike
lanes and do the widening through maintenance work also. I can't speak
specifically to when that would happen here, but that is one of the options. And
so just try and provide as much information as I can to you as you consider this --
this decision. I do know that long term McMillan Road is planned for a three lane
facility. A lot of the thought going into that, which has been talked about quite
extensively, is to make McMillan Road more bike and pedestrian friendly and
some of the other roads in northwest Meridian and so that I think should
potentially weigh into your decision on an issue like that and I can certainly stand
for any other questions. I have probably said too much.
De Weerd: Questions?
Bird: I have none.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
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April 26, 2016
Page 43 of 58
Palmer: It's not a question. He's just asking for a letter and it looks -- I mean it's
up to them whether they want to do it or not. In full disclosure that's the nearest
major intersection to a home I'm in the process of purchasing, so I anticipate
going through that intersection a lot, but -- I don't know. I think sending the letter
is fine and them deciding, then, what they want to do.
De Weerd: Just remember the road jogs.
Palmer: The what?
De Weerd: The road jogs as you're driving down that --
Palmer: Right. But if you can --
De Weerd: If you're to be there often. Driving.
Palmer: Right. I may be driving up the bicycle lane to avoid the cement chunk in
the middle.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Clarification, Justin. You mentioned since this gentleman initially
contacted ACHD you have added an apparatus I guess that's out in front of that?
Lucas: Yes. Madam Mayor, Councilman Cavener, yes, we have actually
installed the improvements that -- that were intended to help mitigate this
situation. They are on the ground right now, including a larger -- we call them
candles, but it's the -- the post that goes in on the leading edge of that curb. Also
this left-hand track marks, which are actually yellow, and, then, straight through
track marks which show up as white. You know, during the winter with visibility
issues there are many intersections where if it's raining and it's wet it can be
difficult to see. As I have talked about this with our traffic engineering group, if
there was a consistent history of documented crashes at this location I think they
would have taken a different approach. This -- although it does appear to have
been hit, I -- we can't speak to the consistency of that. Some of those may be
unreported, obviously, so --
Cavener: Madam Mayor, follow up? Justin, can you articulate what that
threshold is for ACHD?
Lucas: Madam Mayor, Councilman Cavener, there is no established threshold.
They look at the volume of traffic going through the intersection, they look at the
type of crashes that are reported and depending on the engineering on that -- of
the engineering and configuration they, then, determined if they -- if they feel
Meridian City Council
April 26, 2016
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there is an engineering issue that needs to be resolved. In this instance they
looked at it, they have spoken directly with Mr. -- I'm not going to say his last
name, it was kind of -- yes, they spoke with the gentleman who made the
complaint and we actually make improvements at the intersection. They may not
have been to the level that the gentleman requested, but we have made
improvements at the intersection intended to mitigate the situation.
Cavener: Madam Mayor? Maybe a question for Lieutenant Leslie. I know I'm
putting you on the spot. Justin spoke about this intersection from an engineering
perspective. Perhaps you might be able to provide any history from a public
safety perspective.
Leslie: Yeah. Madam Mayor, Councilman Cavener, I agree with ACHD in the
sense that we haven't had a tremendous amount of crashes at that location.
When there is a concrete piece in the road like that it is commonly hit no matter
what intersection it's in. I guess I would prefer it not be there, we probably would
be better, but -- so, seeing that that's been hit is common of those no matter
where they are at in the city, whether the road jogs or doesn't jog. So, the
amount of cars that travel through there and the few that we have crashes there,
I don't know that I would necessarily change the intersection from a police
standpoint, but -- unless you would remove the concrete, but -- I'm not a traffic
engineer either, so I'm just giving my perspective.
Cavener: Thank you.
De Weerd: Thank you, Justin.
Lucas: You're welcome.
Nary: Madam Mayor?
De Weerd: And you're not a traffic engineer either.
Nary: Madam Mayor, Members of the Council, I'm not a traffic engineer. I was
on the traffic safety commission, for a number of years was the chair, so we used
to hear a lot of these types of complaints and since this is really just a comment, I
drove on the wrong side of that the first time I drove through it, so I never drove
through it on the wrong side again, because I did know now there was a barrier in
the road. But I understand the average driver, especially in the winter, it is not
intuitive into that that road does not align. It is -- is it not obvious to the first time
traveler and having driven on the wrong side of the road and seeing an oncoming
car -- it was a long distance away, thank goodness, I understand the citizen's
concern that if it's a slight change can make it safer -- and from what they are
showing here the bike lane that's there has an adequate sidewalk adjacent to it
for bike travel, until the road is wider and it only goes for a short distance
Meridian City Council
April 26, 2016
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anyway, just as a traveler, like Councilman Palmer, I understand the travel
concern, having done it myself, so --
Palmer: Madam Mayor?
De Weerd: Thank you for true confession. Yes, Mr. Palmer.
Palmer: I, too, am not a traffic engineer, but I did stay at a Holiday Express once
and so -- from the commercials that should qualify me. But Councilman Borton
pointed out there is a lot of sidewalk -- detached sidewalk there -- I will call it a
pathway, not a walk, and at least the distance anyway of the -- yeah. I was
looking at the wrong intersection. A long distance beyond where that bike path is
anyway. So, I don't know, maybe a friendly letter saying would you consider, if
it's feasible, if you have the time to look at repainting that, eliminating for now the
-- the bike path, so that it lines up a little better, we would appreciate it. Thank
you.
Cavener: Madam Mayor? We are providing some great content for the web
viewers tonight. All three of them. Yes. My mother included. Hi, mom. My
perspective is that -- I mean we have heard from -- while not a traffic engineer,
the highway district from their perspective. We have heard from a law
enforcement public safety perspective. There is a real world cost to doing some
of these requested improvements. It sounds like the subject matter experts on
roads have put in some safety mitigation there. To me I feel that this issue has
been resolved. I mean if the rest of the Council feels that a letter is warranted I
don't -- won't fight it, but to me it just appears that this situation has been
resolved.
Bird: Is that a motion?
Cavener: Uh?
Bird: Is that a motion?
Cavener: Sure, I will make a motion that we don't send a letter to ACHD on this
particular issue. To follow up with the citizen about the changes that have
already been made at that intersection and to thank him for his perspective.
Bird: Second.
De Weerd: Okay. I have a motion and a second and certainly we don't take
recommendations lightly from our citizen commissions and who knows what they
heard in addition to what you heard tonight and I -- I know that that commission
also has the police department weigh in and I don't know if that's what they heard
as well. So, just as part of discussion and consideration. It's just a
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April 26, 2016
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recommendation from the citizen commission to send a letter to see if ACHD will
recommend it. Caleb, did you have anything?
Hood: Yeah. Just a little bit to that -- to that end. Certainly I'm not as passionate
about this as Mr. Diffendaffer was when he presented it to the tran sportation
commission. I mean he -- it was -- I didn't time it, but it was a long presentation
and he definitely is passionate about this issue. So, I didn't probably do it justice
to have him here. He is in his 80s. I didn't -- he was here when the commission
made that recommendation. I said I can take that forward. I didn't ask him to
come and present this to you. So, I hope I have done it some level of justice.
But, again, I'm not him, I didn't go through this experience. He was pretty
traumatized by this late night encounter at that intersection. I'm not trying to
sway you, but just give you the whole picture that he was pretty convincing in
person about why this is an issue and certainly his experience. I will also just
point out that Sergeant Stacy Arnold was at the meeting. I don't recall him
testifying, but he certainly was there for the duration. No direct questions were
asked of him, so he didn't get up and speak on the issue. But I can also just let
you know that the -- we have two transportation engineers on the commission
and the one that made the motion to send the letter actually is one of the
transportation engineers, just for whatever that's worth. The other one voted
against the motion, so there you go. So, I will also just let you know, though,
they did look at alternate facilities and we explored that, just like we are doing
here and you saw, ah, shoot, it doesn't go all the way the mile. You know, there
is pretty good facilities, but this detached pathway, it doesn't get us all the way to
Linder and there are breaks in it. Boy, it sure would be nice if we had that facility,
that would make them feel a lot better, especially with the apartments that are
going in and the middle school and we know kids -- especially in middle school
are riding their bikes to school. So, definitely had this -- a real similar dialogue
you all did and, again, I -- I wouldn't be surprised, quite frankly, depending on
what -- what this -- and I'm not trying to sway you, just -- I feel that maybe if Mr.
Diffendaffer doesn't like this answer he may come and present it to you himself
and I don't know that the clerk can tell him no, but -- so, anyway, just a little bit --
and, again, I'm not trying to say that -- that -- I believe there is a motion and a
second. But I just want to provide you a little bit more of that dialogue from -- and
perspective from the transportation commission, so --
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Throw my two cents in there. I -- I think if the transportation commission
recommended that we write the letter, then, we should write the letter and if it can
be handled in a pretty inexpensive way and much safer driving situation, then, I
think we should send the letter.
De Weerd: Okay.
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April 26, 2016
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Little Roberts: Caleb, did you say that Mr. Diffendaffer was aware of the
changes? Has he seen them and knew that --
Hood: Madam Mayor, Councilwoman, I don't recall that, but I -- it certainly was
part -- Shawn Martin from ACHD was at the meeting, who is part of the traffic
team at ACHD and it certainly was presented that way. So, he knew that if they
weren't there that they were coming. Some of his comments were: They don't
make paint like they used to and even if you paint these tick marks you still aren't
going to be able to see them, because it doesn't have that reflectivity that it used
to have. So, yeah, I'm pretty sure that he knew of the -- the improvements and I
believe even just earlier this month they were already in the ground. So, I don't
know if he had driven back through that intersection since, but it's my
understanding that he knew that they were coming. And, again, I think I pointed
out in my initial presentation, he didn't like the -- I think he even referred in his
e-mail to the Mayor's office: Don't put lipstick on the pig, right? Fix the
intersection. Don't paint it, fix it. So, yes, I believe he is aware of these -- what
ACHD has already done to try to make -- to make the improvements.
Little Roberts: Thank you.
De Weerd: He's aware of the lipstick.
Palmer: Yes, Mr. Palmer.
Palmer: Madam Mayor, a substitute motion to instruct Caleb to draft a letter
asking ACHD to consider as a final option to repaint it, to realign those lanes to
avoid future disasters or however is more appropriate.
De Weerd: That's a substitute motion. Does that have a second?
Milam: Second.
De Weerd: Okay. Question on the substitute motion. Any?
Bird: Just call for the question. We have sat here --
De Weerd: Madam Clerk, can you call roll on the substitute motion.
Roll Call: Bird, nay; Borton, yea; Milam yea; Cavener, nay; Palmer, yea; Little
Roberts, yea.
De Weerd: The substitute motion passed, which kind of makes the first motion
null and void.
MOTION CARRIED: FOUR AYES. TWO NAYS.
Meridian City Council
April 26, 2016
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before we go on -- and I want to speak for the commission -- or
Councilman Cavener, too. We like what the -- the transportation committee
brings forward and stuff, but, you know, I can tell you right now there is seven
people sitting up here that if ACHD's commission worried about our planning and
zoning and all that kind of stuff as much as we worry about running their streets,
we wouldn't be happy.
De Weerd: Mr. Bird, I think ACHD appreciates that we take the phone calls we
have and also offer a venue for our citizens to address their concerns and they
participate on that commission as well. So, this is -- for what it's worth, it's a
recommendation and ultimately they are the decision makers and so appreciate
you opinion.
Palmer: Madam Mayor.
De Weerd: Mr. Palmer.
Palmer: And I completely agree with Councilman Bird and that's why I really
want the letter to be as friendly as possible, not demanding at all. You know,
hey, had a citizen that brought this, if it works for you guys consider it, please.
Thanks.
De Weerd: Pretty please. With a cherry on top and, by the way, it was a
recommendation by our citizen commission, so -- thank you.
E. Community Development Department, Planning and
Building Services Division Report: Detached Accessory
Structures
De Weerd: Moving on. The Item 9-E was requested to vacate. I need a -- I
need a motion to vacate? No?
Bird: Madam Mayor?
De Weerd: Okay.
Bird: I think it's already vacated.
Nary: I think you're okay.
Meridian City Council
April 26, 2016
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F. Community Development Department, Planning Division
Report: Processes and Standards for Parklets in
Downtown Core
G. Community Development: Second Amendment and
Addendum to August 7, 2012 Master License Agreement
with Ada County Highway District for Regulation and
Maintenance of Sidewalk Facilities in the Greater
Downtown Area
De Weerd: Item 9-F is also under our Community Development.
Hood: Madam Mayor, actually, 9-F and 9-G kind of go together, so I will do the
presentation on F and, then, ask for action on G.
De Weerd: Uh-huh.
Hood: So, in August of 2002 the city entered into a limited license agreement
with ACHD to regulate and maintain sidewalk facilities in the Meridian city core
and sidewalk facilities are defined by the area basically top back of curb to the
face of a building within the right of way. So, ACHD property that isn't a street, if
you will, and that agreement goes from Carlton on the north to Ada, Meridian, on
the west, to 3rd on the east. So, that's the boundary of the city core as by that --
by the master license agreement. Then in September of 2013, before we did the
demonstration project in front of Sunrise and at Rick's. We modified that master
license agreement with an addendum to allow that demonstration -- those
demonstration projects to occur within ACHD's right of way. The parklets. And
we are seeking to do another agreement to that master license agreement to
allow parklets within ACHD right of and parking spaces. So, again, it's real
similar to our 2013 demonstration project and that -- in that case that was a city
led project. Most of what this would allow is businesses that are adjacent to
parking to take that parking space over and have outdoor seating, make them
into public venues for different things and, basically there are -- we have worked
with them on design standards and safety regulations, so it's not just, you know,
on the fly design. We have actually designed these and there is buffers on each
side and the travel lanes and making sure that the platforms are level with the --
the existing curb, so people stepping up or down, it's ADA compliant, that there is
barriers, reflectors, all kinds of different design standards in here. So, that's in a
nutshell what this addendum would be to allow us to -- either ourselves or, again,
a business, permit them to install improvements in the parking area of the
downtown city core on those streets. This is on ACHD's agenda for
consideration tomorrow, so if you all sign it tonight I will give it to Justin here in --
probably in the morning and he can hopefully get it executed here by ACHD
tomorrow afternoon. So, that is the gist of this -- these agenda items and I will
stand for any questions you may have.
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April 26, 2016
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De Weerd: Thank you. And thank you for your work on this. Council, any
discussion?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Just to add a little more on Item G and, then, there is a subsequent
ordinance as well, 10-B, that helps put this all in place. For the Council that
maybe weren't here, when we had this parklet discussion a couple years ago we
went to the ACHD commission and got the original agreement with them, but we
had a very limited opportunity or time at that time to design and create standards
like what's now created in this agreement. So, there has been a lot of work by
Planning and by Caleb in putting that together. So, that's really what's in front of
you is a culmination of a lot of time and effort to really create that Idaho Avenue
placemaking project really work and function in a safe manner, which has always
been ACHD's concern, but the original agreement -- again, we did it very quickly,
we tried to make sure it was safe, we tried to make sure it made sense. We had
really limited opportunity. This one we have gotten a lot more time and effort and
eyes on it. So, this amendment will meet those standards and the ordinance will,
then, match up our city ordinance for the permitting process to get th ese
accomplished. So, that's kind of the legal piece of what -- the work that Caleb
has really helped carry the ball on.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I just want to make a statement. Caleb, Brian, and Marty Schindler, you
guys --
De Weerd: And Legal.
Bird: And -- well, Legal, too, along with it -- have really done a great job on this
and I think -- I think this is going to be a -- it's something that I have wanted to
see downtown for quite a while and I think it's really -- I hope it takes off like I
really think it will. Thank you guys for all your work.
De Weerd: You have certainly given it every element to -- to succeed and do
appreciate the partnership with Ada County Highway District and their willingness
to -- to look at these things. They have been part of this discussions with our --
with our parklet discussions and placemaking on Idaho Avenue, so it's exciting
and look forward to seeing this move forward. So, with that said --
Bird: Entertain a motion.
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April 26, 2016
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De Weerd: Anything further from Council? Do we need a motion?
Nary: Yes. On Item G. Yes.
Cavener: Okay. Madam Mayor?
De Weerd: Yes.
Cavener: We need a motion just to sign the letter? Is that accurate?
Nary: Approve the second amendment to the agreement.
De Weerd: Yes.
Cavener: To approve the second amendment to the agreement.
Bird: Second.
De Weerd: I have a motion and a second. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
H. Legal Department: Continued Discussion Regarding
Proposed Ordinance Repealing Request for
Reconsideration and Reenacting as a Procedure for
Request for Reconsideration
De Weerd: Item H is under our Legal Department.
Nary: Thank you, Madam Mayor. I will try to take this less than 40 minutes if I
could. Actually, hopefully, I will only take a few. When we had this discussion a
couple weeks ago -- this is on the state -- we are matching up our ordinance and
creating a process for request for reconsideration. There was a concern there
maybe wasn't enough detail in the ordinance and I struggled between trying to
create more detail and the state code really doesn't create any detail. This is
really the drive to have a process in place, but my concern was is because the
state code that exists allows for requests for reconsideration, but there is nothing
else in the state code to explain how you do that or what does that mean, if
somebody requests it appropriately our staff is going to be stuck scrambling
around trying to figure out how do we get this in front of you properly. So, this
really is just process driven. One of the questions was whether or not we would
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April 26, 2016
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allow additional testimony. State code doesn't really anticipate -- doesn't really
talk about additional testimony, but what I included here that's a slight variation of
the state code, but I think will still be consistent with it, is that if the decision is
made to rehear it -- so, you would base your original decision based on the
applicant who is requesting reconsideration has to point out, according to the
state code, what provision of your code did you not follow. If you agree that you
need to rehear that, then, there is a process in here to redo that and so you
would have a new public hearing, provide notice, start over, put -- basically step
back that one step to the public hearing process, so that you can, then, take
testimony. So, the state code is a little bit fuzzy on that. This allows at least that
procedure and contemplates that you could actually hear it again. The state
code really just says up, down, or change it, without really explaining how would
you change it when you have already made a public decision in a public hearing.
So, this really just kind of -- I think clears up that gap that exists on when
evidence would be appropriate. So, you still have the ability to take evidence,
you would just have to renotice it and have a new hearing to do that and I think
the state code wouldn't be in conflict with that. So, that was a change I made,
that's why I put it back on as a department report. If that's not satisfactory, again,
there is no hurry, we can certainly take it back and look at it a little bit further if
you like. Did that in less than 40 minutes.
De Weerd: Any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: The comment you made, paragraph -- or item three says the request
must identify specific deficiencies in the decision. The way it's written is
deficiencies that would be broader than a legal deficiency or is it limited to -- does
the request need to focus only on a legal deficiency in order to get in front of us?
Nary: Madam Mayor, Members of the Council, Council Member Borton, I took
that language right out of the statute --
Borton: Yeah.
Nary: -- so the statute -- the statute says specific deficiencies. It doesn't say that
it has to be only legal deficiencies.
Borton: It could be broader.
Nary: It could be anything.
Borton: Okay. Thanks.
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April 26, 2016
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De Weerd: Okay. Anything further?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Nary, we don't have to enact upon this, we will take care of that in the
ordinance; right?
Nary: Yes.
Bird; Okay.
Item 10: Ordinances
A. Ordinance No. ______________: Repealing Meridian City
Code Section 10-1-3(G), Regarding Building Permit
Exemption For Detached Accessory Structure
De Weerd: Okay. Nothing further? Okay. Ten Item 10-A, the staff requests to
vacate this item.
B. Ordinance No. 16-1684: Updates To City Code
Provisions Regarding Citizen's Use Permit Application
And Mobile And Promotional Sales Units On Downtown
Sidewalks
De Weerd: And 10-B is Ordinance 16-1684. Madam Clerk, will you, please,
read this by title only.
Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code
Section 3-4-4D, adding the planning division -- division manager to the citizens
youth permit work flow. Amending Meridian City Code Section 8 -1-4D4, allowing
mobile sale units in the downtown core sidewalks, streets, furnishing zoned only
with written consent from abutting property owner. Deleting Meridian City Code
Section 3-4-3C3D, eliminating requirement that vendors in downtown core
sidewalks use zone, obtain temporary use permits with promotional sales units.
Deleting Meridian City Code Section dash 83E1, listing promotional sales of an
encroachment specifically allowed in the use zone a nd providing an effective
date.
De Weerd: You have heard this read by title. Ralph, would you like to hear it
read in its entirety?
Milam: Madam Mayor?
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April 26, 2016
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De Weerd: Genesis. Oh, I'm sorry. Mrs. Milam.
Milam: I move that we approve Ordinance No. 16-1684 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk,
will you call roll?
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Continued from April 12, 2016: Ordinance No. 16-1685:
An Ordinance Repealing and Reenacting Title 1, Chapter
7, Section 10, Meridian City Code, Repealing Request for
Reconsideration and Reenacting as a Procedure for
Request for Reconsideration; Providing for a Waiver of
the Reading Rules; and Providing an Effective Date
De Weerd: Item 10-C is Ordinance 16-1685. Madam Clerk, will you, please,
read this by title.
Jones: Thank you, Madam Mayor. An ordinance repealing and reenacting Title
1, Chapter 7, Section 10, Meridian City Code. Repealing request for
reconsideration and reenacting a procedure for request for reconsideration.
Providing for a waiver of the reading rule and providing an effective date.
De Weerd: You have heard this read by title. Anyone want to hear it read in its
entirety? Seeing none --
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance No. 16-1685 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10 -C. Madam Clerk,
will you call roll?
Meridian City Council
April 26, 2016
Page 55 of 58
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
De Weerd: Council, any topics for future agendas?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Council, Mayor, I know that many of us have been on the receiving
end of some e-mails by a citizen by the name of Jim Fehrman who has some
questions and concerns about various processes that he had been through. Mr.
Fehrman has -- feels that he is owed an audience with the Council. I have
explained to Mr. Fehrman on multiple occasions that there is no action on our
part to be taken. Nevertheless, he has pleaded for me to pass along his request
to be heard before us to share his experiences in dealing with the city and I
offered to present his plea to the Council. I'm pretty vanilla on this . I think that if
our citizens want to come before the Council and share a perspective I'm in favor
of that. I have explained to, again, Mr. Fehrman on multiple occasions that we
wouldn't take any action, we just would hear his testimony and move on. Bu t I
wanted to give the rest of the Council members an opportunity to chime in and if
this is something you're in favor of doing or not doing.
De Weerd: Council, both Councilman Bird and I have talked about it, as we
looked at setting agenda items, and because there is no resolution to be brought
to Council and we usually don't suggest having a venue where there is no
resolution we can offer the citizen. This citizen has consumed hours of staff time
and -- and to -- I will not allow our staff to be berated in public and I think that that
is the only thing that would be accomplished. So , if there is a vote of this
Council, a majority votes to put him on the agenda, then, we will do that.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: While I think -- Mr. Nary and I discussed this -- Jacy and them Friday. I
have no problem with any citizen coming in and talking, as long as they do it in a
decent way and not throwing anybody under the bus. I'm like the Mayor, I'm not
going to have our employees get battered by somebody's thoughts. Nobody
knows this guy better than I do. But if you -- if you want to bring him forward you
Meridian City Council
April 26, 2016
Page 56 of 58
got to set some rules. He can't -- he's got to -- he's got to come up here and act
like a gentleman.
De Weerd: Frankly, this -- this citizen has been given so many different
opportunities to have his voice heard and, again, when those come to Council it's
for resolution and there is nothing to resolve, so -- and, again, you certainly are
welcome to make a motion and majority rules, so --
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Unfortunately, because -- I shouldn't say unfortunately -- knowing
the tenant, I have spent way more time on this issue than I would have preferred
to and because of being so involved in it I would rather not see him before
Council, because I'm guessing he's got an agenda that will make public the
names of our employees that have worked so hard and so diligently to resolve
this and I just don't think that's fair.
Borton: Madam Mayor?
De Weerd: Mr. Borton:
Borton: The Council meetings to me are for city business. We are all elected
officials. We are all accessible. This citizen, as like any other citizen, is more
than welcome to contact any of us. Encourage him to do so. If there is anything
about how we do our business that is problematic that comes from those
conversations, with this citizen or any other citizen, all else being the same, we
would, then, bring that up. That might drive some city business where we want
to look at how we are doing on any particular item. Until then encourage him to
visit with any and all of us and if one of us uncovers something we can fix going
forward, that might be the item that comes on the agenda.
Milam: Is that a motion?
De Weerd: And that is the process in place and I think the citizen has utilized
that process by talking to probably every person up here and the policies we
have in place have been followed and every opportunity we could to find
resolution has -- has certainly -- staff has been more than accommodating, so --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: My -- my goal in presenting this was not to advocate in one way or
another, but more to bring some resolution to the ongoing discussions that this
Meridian City Council
April 26, 2016
Page 57 of 58
citizen has had with staff, Council, members of our community to allow this
Council to say, yes, we would like to hear from your or, no, we would not.
Nary: Madam Mayor? Madam Mayor, Members of the Council, if I could add
just for the record, when there is an Item that can be heard and resolved by you
we will schedule that. That's how it works for everyone. This particular point in
time there isn't one and when there will be -- again, it's not my objective or
anybody else on our staff's objective to not have you hear cases that need to
come before for decisions that only you can make. We just aren't there yet.
Item 12: Executive Session Per Idaho State Code 74-206 (c): (c) To
Conduct Deliberations Concerning Labor Negotiations or to
Acquire an Interest in Real Property, Which is Not Owned by a
Public Agency
De Weerd: Okay. If there is nothing further, Item 12 is Executive Session. Do I
have a motion do adjourn into Executive Session?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 75-206(c).
Milam: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. All
those -- oh, I'm sorry. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (8:28 p.m. to 8:54 p.m.)
(Proceedings not recorded.)
MEETING ADJOURNED AT P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
Meridian City Council
April 201
P 58 of 58
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