HomeMy WebLinkAbout2019-06-04 WorkshopMeridian City Council Workshop June 4, 2019.
A Workshop Meeting of the Meridian City Council was called to order at 4:31 p.m.,
Tuesday, June 4, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Joe Borton, Ty Palmer, Genesis Milam, Anne Little
Roberts and Treg Bernt.
Members Absent: Luke Cavener.
Also present: Chris Johnson, Bill Nary, Caleb Hood, Crystal Campbell, Clint Dolsby, Scott
Colaianni, Joe Bongiorno, Dale Bolthouse and Dean W illis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam ______Lucas Cavener
__X__ Mayor Tammy de Weerd
De Weerd: Okay. I'm going to -- I'm going to start tonight's meeting. Welcome to our
new format. This first part is Department Reports and community conversations and,
then, we will go into our public hearings and our regular City Council agenda. So, this is
our City Council work session. It is Tuesday, June 4th. It's 4:31. We will start with roll
call attendance, Mr. Clerk.
Item 2: Adoption of Agenda
De Weerd: Okay. Item No. 2 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move we adopt the agenda as published.
Little Roberts: Second.
De Weerd: I have a motion and a second to adopt the agenda as published. All those in
favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 3: Announcements
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De Weerd: Item 3 under Announcements I have a few announcements. We have
summer coming up and a lot of things going on. Our joint fire recruit academy graduation
is at Mountain View High School on Friday, the 7th, at 6:00 p.m. I hope you can join in
that recognition of our new recruits. Spark Light Movie Night, which was once known as
CableOne Movie Night, is -- the first movie is Friday in Settlers Park and I believe it's the
Mary Poppins movie. Poop Scoot is Saturday and you're going to hear all about some of
the upcoming events under Public Works Week. That is Saturday, the 8th at 8:00 a.m. in
Kleiner Park. Our Mayor's Senior Advisory Board spring safety series is being held at the
Public Safety Training Center, Saturday, the 8th at 10:00 a.m. on the legality of firearms
ownership. This is a great class. A lot of our seniors have questions about when a loved
one passes away what happens with their firearms. They will talk about a lot of that and
it is very interesting and it's been a favorite. Dan Clark's retirement open house is
Saturday from the Meridian Food Bank and that is from 2:00 to 4:00 p.m. Gene Kleiner
Day in Kleiner Park is also Saturday from 9:00 to 7:00 in the evening. Come and join the
Meridian Symphony as they celebrate Gene Kleiner. Public Works Week is next week.
You will hear all about it. So, I will let them talk about it and Coffee With The Mayor next
Tuesday, the 11th at 8:00 a.m. at Albertsons Marketplace. So, there you have the
announcements.
Item 4: Proclamation: Public Works Week
De Weerd: I'm going to move to the podium to read the Public Works Week proclamation
and ask Dale and whoever he wants to bring up with him. See, peer pressure. Okay.
We -- this became a tradition -- what year in the making is this? The 11th annual. I
remember when this first started. It felt like an obligation and so we didn't see the smiling
faces we see today. So, it's become a community tradition and something that our
community looks forward to. It's -- it's something that's fun and oftentimes the Public
Works aspects and operations are something that is underground, we don't talk about it,
and certainly we don't want any phone calls about it, because when we get phone calls
it's usually not good. So, you guys have made Public Works Week and the work you do
something that our community sees the pride and the importance of it. So, thank you for
highlighting and daylighting this important function of city services. With that: Whereas
City of Meridian residents have peace of mind with every faucet turned on, shower taken,
and toilet flushed, thanks to the premier employees of the Meridian Public Works team
and whereas every engineer, inspector, operator and technician is committed to
protecting our health, safety and quality of life through the supply and distribution of clean,
safe water, efficient collection and treatment of wastewater and management of solid
waste. And whereas the awesome Public Work staff and partners design, maintain, and
sustain the quality of the services and important infrastructure, recognizing their ability to
do so is dependent on having the support of informed citizens. And whereas the Meridian
Public Works Department educates the community about the work they do with great
events, such as the Poop Scoop, Public Works Expo and Go With The Flow tour and
whereas it starts here as a theme for 2019 National Public Works Week and it represents
the many facets of modern civilization that grows from the efforts put forth by the Public
Works professionals across North America. Therefore, I, Tammy de Weerd, hereby
proclaim the week of June 8 through the 14th, 2019, as Meridian Public Works Week in
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the City of Meridian and a call upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our Public Works services and to
recognize the contributions which Public Works officials make every day to our health,
safety, comfort and quality of life. And, again, it is with great honor to announce this
proclamation and Public Works Week next week. Again, to recognize the -- the pride, the
quality and the service that our Public Works team provides our citizens every day and
we thank you for that.
Bolthouse: Thank you, Madam Mayor and Members of Council. It's a -- it is with great
pride that I receive this acknowledgement on behalf of the Public Works Department for
another Public Works Week effort as it unfolds here. Our logo nationally for Public Works
is It Starts Here, but I will tell you that it cannot be done with a lot -- without a lot of support
both from members within our department and many of our partners across the
community that contribute to the efforts for the week. So, I'm going to digress just a little
bit and I'm going to introduce you to this year's esteemed panel of experts in their various
areas. So, led by Susie Dearorff, she's the chairman of the Public Works Week efforts.
Poop Scoop is led by Dean Stacy and Troy Thrall this year. On the tour is Gina Harris
and Connie Moon. Heading up the Expo Denee Kerr and Christina Keyes. And on the
vendor golf networking event is Alex Erickson and Joel Rodriguez and our marketing
executive is -- I think maybe on her final assignment for the Public Works Department is
Shandy Lam and we -- we appreciate her effort as well. So, we are -- we are honored to
be before you and, again, we really appreciate the sponsors, our community partners that
have -- that have pitched in and -- and -- and make this thing possible. So, you can stand
or you can go. So, we have got -- as the -- does this medallion make my shirt look big?
De Weerd: I was just noticing that as they turned around to leave.
Bolthouse: So, this -- this medallion is -- is on the -- this year's challenge coin. You know,
we have a tradition of each year creating one and so I will ask Susie to go ahead and
hand that out in tradition, so that each one of you have those for your collection, but it's
-- it's -- it's kind of a cool logo. We have got a little bit of the American flag in there this
year, along with the iconic tower and things. So, very apropos for this year's celebration.
As the Mayor mentioned, this thing kicks off for us on Saturday at Kleiner Park and
celebrates a Poop Scoot walk-run in a very nice environment over there on Gene Kleiner
Day I might add, so we have a record number of people signed up. We have got a new
T-shirt design that's kind of edgy and we look forward to a great morning over at Kleiner
Park for our Poop Scoot fun run and walk. That's followed Monday we have expanded
our Go With The Flow tour to two full buses of citizens making -- expanding that
opportunity. So, we will have an early afternoon and, then, an evening effort there and
got a lot of positive response from the community in signing up for that and going to give
them an up-close and personal look at both our water system, as well as our wastewater
efforts. So, that -- that continues to grow. And, then, the final event for the education
activity is the Expo and that's on Wednesday, June 12th, here at City Hall Plaza from 4:00
to 7:00. Lots of activities, particularly for kids, just as a great way to educate them on a
variety of the topics that -- that we face as a -- as a community and as a department. So,
just a -- just a fantastic effort. And I invite you to hopefully join us for any or all parts of
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that if your schedules permit and encourage the community to come out and learn more
about Public Works Week. So, with that if you have any questions I would be happy to
answer them. Otherwise, we greatly appreciate your support.
De Weerd: Thank you, Dale. And -- and while I have you up there for a minute, we did
recognize Dale and Warren Stewart earlier today for longevity awards. Dale was just
recognized for his five years and Warren was his ten year anniversary. So, again, we
appreciate you having -- having you on our team, as well as Warren. You both have
contributed greatly to our -- our city and greatly appreciate that. Council, any questions?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, Dale, no questions, but just since I have the opportunity
just to say thank you. It seems like Public Works Week gets bigger and better every year
and I know it's a huge effort, but I think it is so great for the community and to hear the
feedback, especially from the kids and things, it's just greatly appreciated. So, thank you
very much.
Bolthouse: Thank you.
De Weerd: Thank you. And thank you to the team. You guys hit the right meeting that
we moved it before 5:00 o'clock, so we could see your smiling faces.
Bolthouse: All right. Thank you.
Item 5: Consent Agenda
A. Approve Minutes of May 21, 2019 City Council Regular Meeting
B. Approve Minutes of May 28, 2019 City Council Regular Meeting
C. Pine 43 Subdivision No. 1 - Sanitary Sewer and Water Main
Easement
D. Pleasant View Elementary School/Gondola View Subdivision
Water Main Easement
E. Findings of Fact, Conclusions of Law for Orchard Creek Pump
House (H-2019-0052) by OA+D, Located on the North side of E .
Lake Hazel Rd., East of S . Eagle Rd.
F. Findings of Fact, Conclusions of Law for Pollard Subdivision
(H2019-0021) by Brighton Investments, LLC, Located off the
NE corner of SH-16 and W. Chinden Blvd.
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G. Final Order for Blakeslee Commons No. 2 (H-2019-0050) by
Bungalows Meridian, LLC, Located on the South side of E.
Ustick Rd., between N. Locust Grove Rd. and N. Eagle Rd.
H. Final Order for Movado No. 5 (H-2019-0039) by Movado
Development, LLC , Located 1/4 mile South of E. Overland Rd,
West of S. Movado Way
I. Final Order for Movado No. 6 (H-2019-0051) by Evans
Development, LLC , Located 1/2 mile South of E. Overland Rd.,
West of S. Cloverdale Rd.
J. Final Order for Silverstone Apartments (H-2019-0054) by Dave
Evans Construction, Located at 4107 E. Overland Rd.
K. First Addendum to Recycled Water Use Agreement with
Walmart, Inc.
L. Approval of Change Order 1 for Well 20b Assessment &
Rehabilitation to Hydro Logic, Inc. for the Not-To-Exceed
amount of 48,885.00.
M. Professional Service Agreements for Artwork for Traffic Box
Community Art Project with West Ada Student Artwork
Selected from Framed Not-to-Exceed $250
1. William Blauer - Jump Out of the Airplane
2. Elisabeth Breckon - Little Drops of Sunshine
3. Ian Clifford - Facing the Wave
4. Kiley Moss - Flowers at Sunset
5. Riley Rusk - Appaloosa
N. Resolution No. 19-2143: A Resolution Of The City Council Of
The City Of Meridian, Idaho, Authorizing the Conveyance of
Various Computer Equipment to Meridian Food Bank, Boys &
Girls Club, Meridian Senior Center, Emmett School District,
Nampa School District, And Computers For Kids.
O. Resolution No. 19-2144: A Resolution Of The City Council Of
The City Of Meridian, Idaho, Setting Forth Certain Findings
And Purposes To Declare Surplus Property And Authorizing
The Mayor Of The City Of Meridian To Donate Bicycles To
Victory Middle School
P. AP Invoices for Payment - 05/24/19 - $12,255.82
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Q. AP Invoices for Payment - 05/29/19 Special - $11,277.78
R. AP Invoices for Payment - 06/05/19 - $579,119.43
De Weerd: Thank you. Okay Item No. 5 is our Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: There were no changes to it as published, so I move we approved the Consent
Agenda, for the Mayor to sign and Clerk to attest.
Milam: Second.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will
you call roll.
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 6: Items Moved from the Consent Agenda
Item 7: Department / Commission Reports
A. Community Development Block Grant (CDBG ) PY19 Draft
Action Plan
De Weerd: Item 7-A is a report from our Community Block Grant administrator. Crystal,
thank you for joining us.
Campbell: Thank you, Madam Mayor, Members of the Council. Today I am here to report
on our annual action plan for the Community Development Block Grant program year
2019, which runs from October 1st, 2019, to September 30th, 2020. So, the CDBG
program is guided by the five year comp plan. Right now we are under the 2017 to 2021
comp plan and when we define this plan, then, we go out for consultation with all the
stakeholders to see what the gaps and needs are in our community and, then, we ask for
citizen participation, so that everybody is represented and people can have a chance to
offer feedback and let us know which direction they want us to go. From there each year
we create an annual action plan so that we can try to work towards those goals of the
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overall plan. This year is the third year of the Consolidated Plan. So, Congress has said
that we are -- we will be receiving a little over 424,000 dollars and when I was looking at
what the action plan actually says, I put it into a Word Cloud and these are the words that
really stood out that we used a lot in there. There is a lot of talk about the residents of
Meridian, community, needs, serving people. So, that's really what the CDBG program
and the action plan is about. So, as we are trying to get towards those goals then we --
well, there is several goals in there that we identified. So, we funded different projects to
meet those goals. The first thing that we funded was administration of fair housing. We
put 35,000 dollars towards administration, planning and fair housing activities to run the
program. To improve accessibility, then, we are working towards improving public
infrastructure for better accessibility and increased safety and the first project that we are
funding is 180,000 dollars towards Meridian Development Corporation to make the right
of way improvements. This project is located downtown. It's between Broadway and the
railroad tracks on East 3rd. The second -- the second project under this goal are street
light improvements near the schools. We are putting 115,662 dollars towards the Public
Works Department to install and upgrade fixtures and poles on walking routes towards
the schools. This location is between Meridian Middle School and Meridian High School
and you can see the estimated area where they are going to be putting those in. We also
wanted to address the enhancing homeownership opportunities goal. With this we
provide opportunities for eligible households to purchase homes in Meridian. We will put
30,000 dollars towards providing home -- home down payment and closing costs for three
households that are low to moderate income and we will be working with the Ada County
Housing Authority again. Our final -- our final goal is to provide social services to low to
moderate income residents in Meridian. There is -- the majority of our projects are ones
that we have already worked with, but we also have two that we have never done before,
so we will be having some presenters later on for those ones. The first one that we have
already done is 21,000 dollars towards the Jesse Tree of Idaho to provide short-term
temporary assistance for at least 26 LMI households to prevent them from becoming
homeless. We will also do the Boys and Girls Club scholarships again, 13,000 dollars for
them to provide scholarships for access to extended care programs for at least 20 kids.
And the next one -- this is one of the new ones. We will be providing 16,000 dollars to
Catch to provide care, coordination and assistance applying for SSI, SSDI benefits to at
least eight LMI individuals who are experiencing homelessness and have a disability. So,
we actually have a couple of people here to present. We have Jeanette Curtis and
Stephanie Day.
De Weerd: Jeanette and Stephanie, welcome. If you will, please, state your name and
address for the record.
Curtis: Jeanette Curtis. 4649 North Futurity, Boise, Idaho.
De Weerd: Thank you.
Day: Stephanie Day. 503 South Americana Boulevard in Boise, Idaho.
De Weerd: Thank you.
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Curtis: Good afternoon, Mayor and Council. I'm here on behalf of Catch with Stephanie
Day, the executive director. Catch is a nonprofit that's been working to end homelessness
in Ada county for families there through our rapid rehousing program since 2006 and we
also operate our path home, which is the single point of entry for all homeless services in
Ada county. So, for our -- the folks that we serve income is really the critical piece of the
puzzle for getting them rehoused and for a lot of those folks that means Social Security
Disability Income and for those folks the process of applying for disability can be incredibly
challenging. It's hard for them to come up with the documentation requirements needed
to complete the process. It's hard for them to stay in contact with Social Security long
enough to get through the disability application process and that's where SOAR comes
in. SOAR is a national program that trains caseworkers to help people who are either
experiencing disability or at risk of experiencing disability, file for disability claims and they
have been pretty successful at helping lots of people throughout the country, people like
-- people like John who was a man who was staying at the Boise Rescue Mission. He
has severe schizophrenia and social phobia, but really didn't often get his mental illnesses
treated, which makes it difficult to have a documentation trail for Social Security to
document his disability. So, he was able to connect with a SOAR trained caseworker
right here in Ada county who helped him with his application. It resulted in a successful
disability application and getting John housed for the first time in his adult life. He had
been living in shelters and tents and on the street his entire adult life and had not been
previously successful with this program. So, we know that SOAR has a great track record
and has been incredibly successful. People who are experiencing homelessness and
applying for disability on their own have about a ten to 15 percent chance of getting an
approved application. With SOAR assistance that approval rate goes up to 65 percent
So, really effective at increasing approval rates. They also are effective at reducing the
amount of time it takes to get a disability claim approved. Without SOAR that can take
as long as three years for someone experiencing homelessness and with SOAR
assistance they are able to help people get a disability decision within a hundred days
and we do have SOAR trained caseworkers right here in Idaho. Last year they filed 46
claims with a 55 percent approval rate in an average processing time of 79 days and this
is really encouraging to us and yet we know the problem is much bigger. The clients that
we see there are lots more of them that we feel would be eligible for Social Security
Disability and not enough SOAR of train case managers who are active to help them fill
out those claims. So, through our coordinated entry system we have seen 3,000 people
so far. Forty-two percent of them have reported a disability, but only 16 percent of them
are receiving SSI or Social Security Disability benefits. So, we know the need is much
larger than we are able to meet right now. This grant that we are asking for would help
incentivize case managers to help people experiencing homelessness complete these --
these cases and one of the reasons we want to put a reimbursement like this into place
is that we know that even though SOAR is really successful it takes a lot of time. So, it is
a little bit difficult to get case managers who are working in homeless assistance agencies
who already have full-time caseloads to really try to get them to invest in the training and
continue to help people with their SOAR applications. So, thank you for your time.
De Weerd: Thank you, Jeanette. Council, do you have any questions?
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Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, no questions, but I just wanted to say thank you. I was
able to come to a presentation that Leadership Boise put on not too long ago and learned
a lot and, then, learned about the SOAR program and it just -- I didn't realize until a few
week ago what a tough time sometimes just making sure they have the proper
identification to even get the help is. So, thank you very much for what you're doing.
Curtis: Thank you.
De Weerd: It's even where mail gets sent.
Curtis: Yeah.
De Weerd: So, yeah. They have a lot of challenges. Any other questions? Thank you
for being here.
Campbell: Our final project is with the Pathways Community Crisis Center of Southwest
Idaho. We are providing them with 13,500 dollars to provide triage, stabilization and
stabilization to 22 adults experiencing a mental health and/or substance abuse crisis. We
have Chris Christopher here to present on that.
De Weerd: Hi, Chris. Thank you for joining us. If you will, please, state your name and
address for the record.
Christopher: Chris Christopher. 424 East Westport Court in Meridian, Idaho.
De Weerd: Thank you.
Christopher: Thank you for having me, Madam Mayor and City Council. I appreciate
your time. Just to give you a little background on the Pathways Community Crisis Center,
we have been open since December 2017. We applied for an RFP through the state and
were awarded the grant June of 2017. The crisis center has been open since December
2017 and we are trucking along serving our communities every day. So, since then our
main job is to provide 23 hours and 59 minute stabilization to anyone 18 or over who
comes to our facility that is experiencing a behavioral health crisis, which means it can be
mental health or substance abuse free of charge. The point of the crisis center is to serve
folks who are experiencing these behaviors that don't quite meet ER criteria that, you
know, when law enforcement encounter someone in the community that they just really
don't know where to take them, the crisis center is a great place where folks can come
and they can get realtime access to behavioral care, which means we have nursing staff
on -- on -- in our facility, counselors, case managers, peer support specialists to be able
to work with all individuals coming to our facility. The whole point of our facility is to help
triage folks, stabilize them and get them linked to community resources in the community.
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Some folks we encounter they -- they get lost, you know, they don't see their medication
manager in a while, so we try and connect them to help them kind of stay stabilized. Our
mission criteria is pretty small. Basically you have to be 18 or over. You have to be
experiencing a behavioral crisis. It's voluntary. So, you know, no one can make someone
go to get the service and reason why is it's such a short stay. So, right when you come
discharge starts from right when you walk into the door and, then, you're not -- you don't
require immediate medical attention. So, if you meet all those criteria, then, you can come
into our facility. Since we have opened -- and this is up to our first quarter of this year, we
have served over 1,700 folks and those are full admissions people coming into our facility
getting services and, then, we served over 650 nonepisodes, which means those are
people that are calling our facility, are coming and not necessarily coming in. We have a
lot of family members, a lot of spouses who call and get resources for their -- for their
loved one, whether it's someone who wants to quit drugs or someone having medication
issues or someone who just needs to see a mental health provider. So, we link them to
all those resources. We have case managers that will work 24 hours a day that has pretty
much every resource in our community where you can send some folks. So, basically,
1,309 of those 1,700 folks were unduplicated, which means they are all -- they all came
for the first time. So, 1,300 people over the last 15 months. A lot of our presenting issues
over the last 15 months have been just mental health, suicidal intervention and
prevention, sobriety and, then, just community resources. So -- and it's in that an order.
So, program possibilities. So, for us we provide a safe place where people to just
decompress. We have some folks that experience behavior health issues in our
community and they sometimes just need to get out of their environment, see a counselor,
and what we do is we provide that realtime access. So, if you're feeling ill right now, you
can come right now and see someone and that's important not to set an appointment and
go see your doctor in a week or two and, then, triage and stabilization, we connect
individuals to community resources and, then, we coordinate care with community
agencies, which is something that, you know, a lot of folks in our community don't know
where to go exactly. A lot of family members that don't know where to go. So, they come
to us and we can -- we can direct them to those appropriate places. So, we instill hope
future -- basically help people alleviate suicidal impulses, because that's what, you know,
we encounter a lot and, then, we divert from the hospitals ERs, jail. We are great cost
savings. If you -- if you calculate how many hours it would take a law enforcement officer
and community to deal with somebody who is experiencing mental health on the street,
as opposed to, you know, taking to our facility, dropping them off, fill out a form for about
five minutes and they are back -- they are back here in Meridian serving our community.
And, then, community cost savings. That's a big one. A lot of our community members,
especially the low income folks, when they come and get services the first thing they ask
us is how much is this going to cost. The crisis center is free. And one thing that that
does is it allows people to come in, because they don't have to pay. Usually if you -- if
there is a dollar amount to it they don't come, then, we are dealing with them in another
facility that's going to cost a lot more money. And, then, our goal is, basically, just link --
link people to the community agencies, act as a diversion and, then, just being a warm
handoff to community members and agencies for continuum of care. We have had a
bunch of surveys and we got 93 percent satisfaction from all our clients and a 4.5 five star
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rating and these are just some of the quotes from a lot of our clients -- a few of our clients
that we served in the community. So -- and I think that's three minutes.
De Weerd: Thank you, Chris.
Christopher: Thank you.
De Weerd: Any questions for Chris? Thank you. And where is -- your facility is over --
Christopher: It's --
De Weerd: -- by the Boise Town Square?
Christopher: -- 7192 West Potomac Drive over by the Boise Town Square Mall. So, feel
free to come by and drop by, get a tour. I know you have toured it.
De Weerd: Yes.
Christopher: It's a great facility. So, we look forward to seeing you guys. Thank you.
De Weerd: Thank you.
Campbell: So, those are the projects that we are planning to service here and so the final
thing is the timeline for what we have left and it's basically around the public comment
period. So, the first thing is the public comment period, it's May 31 to July 16th. So, it's
open right now. You can find a link to it on our website or I can get you a hard copy if you
-- if anybody wants to come into the Community Development Department. Any
comments should be sent to me by e-mail or people can call me and if they want to meet
to talk about it or whatever, then, I'm available. July 16th will be the final day for public
comments before we close it. So, we can finalize the document. We will have a public
hearing that day. So, the public can come in and testify and I will be available for any
questions people have. I will also present comments that we have up to that point, so
everybody is aware of them. The following week on July 23rd, then, I will present any
changes that have been made to the document, including the comments from the
previous week and any type of resolution that we have from there and, then, I will ask
Council to approve the action plan and adopt the resolution and after that I will get it
updated and the online system and sent to HUD, so that we meet the deadline. The
deadline is actually the middle of August, but we should be able to have it done by the
end of July. So, that's it. So, here to stand for any questions that you have.
De Weerd: Thank you. And thanks for the Prezi. I mean usually we PowerPoint. This
is -- this is awesome. Okay. Council, any questions? Thank you, Crystal.
B. Planning Department Report: Proposed Code Update to
Implement Parklet Permits
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De Weerd: Okay. Then if there is no questions we will move Item 7-B. Our Planning
Department. We have Caleb moving to the podium.
Hood: Madam Mayor, Members of Council, here to talk to you a little bit about a potential
change to city code. Before I get into the changes maybe just a little bit of background
history. 2012 the city entered into a master agreement with ACHD for the sidewalk realm
in our downtown core. Basically giving us control -- regulation and control over things
that aren't travel lanes or parking areas in downtown and that was 2012. In 2016 we did
an addendum to that master license agreement that address parklets. Although it was
pretty conceptual, didn't have a lot of the details developed at that point to standardize
what a parklet is and how we regulate that and permit it. So, earlier this year we did
another addendum with ACHD to affirm the parklets and, then, establish that process a
little bit more about how we would work with ACHD to permit these going forward with the
businesses that potentially want to use this. So, that brings us to the code, then, that's
before you today that implements that process and the master license agreements that
we have in place. So, what we would like to talk about for a minute is Title 8 and, again,
this really -- the newest part of this would be just how we implement and the standards
that we -- the expectations for application and permitting should a business want to
construct a parklet. I maybe should back up and I use that term parklet, but maybe I will
just define it quickly. It is, basically, taking over a parking space or two -- or actually up to
four I think is what the standard says and using it for an outdoor quasi-public space. So,
you could have outdoor --
De Weerd: Seating.
Hood: -- using it for something other than parking. It's a mini park if you will, but you
could have food service, you could do different things within that space that had
historically been used for parking. So, then, to just quickly run through the draft code.
Again, this is in Title 8. Emily Kane prepared this, so thanks to her for -- for the help on
this. I'm not going to read it all to you, but I do want to just kind of highlight it. Again, 8-
1-3B starts out with a permit's required and, then, an application and those are the biggest
things. We will only accept an application from a business or a property owner that is
directly in front of that parking stall or adjacent to the parking stall, so you can't put a
parklet down in front of your competition's, you know, business. In a parklet you have to
be -- the parklet has to be in front of your business or a portion thereof. I do want to also
highlight Subsection D there, application fee is set forth. We are not establishing a fee
right now. We are -- I don't know how long it's going to take us to process these, one.
Two, we want somewhat of an incentive for somebody to try one or two or three of these.
So, until we really have a way to know how long this is going to take for us to process this
permit, we are going to do these for free. So, you know, assuming this goes forward right
now -- now, that's not to say that if we just get inundated with these we could be back and
-- and want to establish a fee, but right now there won't be any free that is charged an
applicant. Section 8, then, talks about the director working with ACHD for their review
and approval and this has to move pretty quick, because we only have 30 days. But we
will transmit to ACHD. There are standards, again, for what -- how a parklet is constructed
and buffers on either side and, again, how long they can be and -- and those types of
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things. But it is done in coordination with ACHD and we do need their approval and the
permit is only valid for one year. It is renewable, but the permit is only good, again, for
that one year and, then, it would expire. So, I think those are the main things that I wanted
to point out. And, again, it is only in the downtown core that this is eligible. So, from Pine
to Bower, I believe, and, then, Meridian to 3rd. So, just, you know, that small block radius
of the downtown, so -- so, with that if you're agreeable to what you see here, we would
like to put it on just next week's Council agenda for ordinance and if there are any changes
let me know that, too, and we will make those changes and put it on a future Council
agenda. So, with that --
De Weerd: Thank you, Caleb. Council, any questions?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. Caleb, I know that we are working on the process, but I'm
just curious if you have heard there -- if there is much, you know, interest or demand to
do some parklets again?
Hood: I have personally talked to one business that is interested in this. I don't know
how much other -- and -- and we hadn't really talked about if we are going to advertise
this anymore or really try to drum up anymore interest in that. I thought maybe the one
that's already showed interest maybe we will -- they can be our guinea pig a little bit and
work through that before we really start to advertise this too much to see how it works.
So, to answer your question, no, I don't have my pulse on the downtown to see if we are
going to just -- you know, everyone's going to want to take over parking spaces for this. I
don't get that sense, but I don't know that either.
Little Roberts: Thank you.
De Weerd: Thank you, Caleb. Any other questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Caleb, on the -- the sequence of events on the application, one of the
requirements is to submit it to ACHD for approval. But then -- and item number four talks
about issuance within 30 days. What happens if ACHD doesn't act within 30 days?
Hood: That's a good -- Madam Mayor, Councilman Borton, it's a good question. It's
something that, you know, we are hopeful for. I think we can in the revocation section
and -- and I didn't get into it, but that -- the master license agreement addendum, too, also
has ACHD can basically pull the plug on these things anyway. So, we could potentially
issue our permit, ACHD is going to trump it. They haven't given us total and complete
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authority forever and ever in this. We have agreed to do these things. They have agreed
to respond in a timely manner. If they change their mind they can come back in and --
and, essentially, revoke a permit, too.
Borton: Madam Mayor. So, what happens if -- what if we didn't have this parklet
application submitted to ACHD, couldn't we still grant a permit?
Hood: And that's essentially -- I didn't finish that. Essentially what I would envision is we
would issue the permit within 30 days as the code says. If I hear back in 45 days and
ACHD denies it, then, I'm going to send them a letter saying your permit is being revoked,
because ACHD -- whatever. Whatever that reason would be. Or ACHD could do the
same and say that your permit is no longer valid. So, we haven't played that out all the
way. I'm just hopeful that they will respond in a timely manner. And, again, just because
our code says that -- I mean a potential change to this code could be 45 days or 60 days,
you still run into that potential problem of ACHD not responding in whatever time period
you put. But, just quite honestly, it does concern me a little bit, it's putting them under the
gun to -- within a few weeks to submit comments back, but --
Borton: The reason I ask -- I guess it would be nice to, you know, tie goes to the runner
and -- to a certain extent. I mean if -- there is a lot of -- there is a lot of moving parts that
are outside the applicant's --
Hood: Yeah.
Borton: -- control and if, for example, they receive -- the city receives the completed
application on day one it starts the clock, but -- and let's say the city doesn't submit it to
ACHD for three or four days, have already -- kind of chew into the time frame and the
applicant's -- through no fault of their own. Is there a way to -- to allow the city to approve
a parklet application within 30 days if ACHD hasn't responded, that the city may -- could
still approve it, rather than being forced to wait?
Hood: Madam Mayor, Councilman Borton, that's -- that's -- that's what I envision doing,
is, again, I would -- I would issue the permit -- and here is why I'm -- I'm comfortable and
confident in doing that is as part of our review -- I don't know what scenario would exist
where ACHD wouldn't allow it. We have -- in that addendum we have pretty specific
design standards for these things. So, if we are issuing the permit and it's meeting all of
their design criteria, I don't know why -- what grounds they would have to deny it, because
there is just so many specific improvement standards and allowances and how it needs
to be affixed and it just -- I mean it's all covered there I think. So, I don't know -- to me
that transmittal to ACHD is more of a courtesy heads up, this is going within your right of
way, not so much we need your blessing or approval. We already have that with this
license agreement, so long as they -- the applicant conforms to the standards.
Borton: Madam Mayor, one other question on it. Again, trying to encourage these things
to go, there is a provision in -- under the revocation of permit, under nine, if something
were to occur one of the A, B or C, that would cause revocation, the revocation is
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immediate and I don't know if that could have a chilling effect on applicant, but if city staff
were to interpret it and say that your placement is inconsistent, you're done. The way it
reads it you're done -- it's closed until you might get it back through a City Council appeal,
as opposed to a, you know, notice of intent to revoke and come to Council and protest
the revocation, which would be, you know, effective in 30 days. I think we did something
similar to that in some other ordinance recently where we are kind of telling you we are
going to revolve, if you don't -- you have 30 days to appeal to Council, that might overturn
my recommendation -- was not immediately --
Hood: And, Madam Mayor, I was looking at Mr. Nary --
De Weerd: Me, too.
Hood: -- and think that's appropriate. I'm good with however we want to do that.
Nary: So, Madam Mayor, Members of the Council, I think -- and I think the one you're
describing was in regards to the booting ordinance and you have two different types
right? So, if you have something that's -- it's a dangerous condition, you want to
right? You don't want someone using something that's not placed
properly or it's a danger or a hazard to folks. So, you would want to revoke those
immediately. If there is some other reason, other than some danger in the public, then,
the notice of intent would -- would probably make more sense, that -- whatever that -- I
mean some corrective action. They have taken up two spaces, they are supposed to take
up one or they have taken up three and they are supposed to take up two. Something
that they could fix would make more sense to work with, which is always our intent
anyway. So, we could certainly insert that into that. But I would always suggest if there
is a danger to the public, because, again, these are placed in the street and ACHD when
we had this discussion -- and I think Caleb will recall back in 2012 -- their -- their original
attitude was we don't want these things in the street. Someone's going to get hit,
someone's going to get injured. So, it was a little bit of an effort to get them to convince
that these can be done safely. So, I think -- I think they are bought into it and I agree with
Caleb that I don't see them denying these, I think they understand how they can work,
but we can certainly build that in, so if it's something that's corrective, maybe we can give
them notice to correct, give them notice of intent, something like that, but if it's a danger
we want to stop it immediately and, then, do require them to come and ask at that point.
We could expedite the hearing, like we could have it at the next available Council hearing,
instead of within 30 days, we could do that.
De Weerd: And I think Caleb really covered it with the design -- design standards. It's
not ironclad, but if they fit within those you pretty much have addressed all the safety
aspects.
Hood: Madam Mayor -- and I don't know, maybe this is a -- it's a last -- last part of nine,
really, is the question -- the last sentence. Such revocation shall be effective immediately
upon -- maybe that's a case by case. Maybe we don't put it in the code and it says shall
be effective immediately. Depending on the situation -- if it's an imminent health -- we
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write that in the letter. You shall cease and desist right now. This has not been permitted,
you need to stop right now, versus a, boy, you know, we have gotten some complaints
and we want to talk to you about it, we are revoking it. However, look at ten and there is
a review process. Well -- well, maybe -- we are going to give you 30 days to file an appeal.
We are going to revoke this, but maybe you can keep doing -- maybe you keep your
business as usual, if it's not an imminent -- I don't know. Just -- that last sentence really
says it need -- it shall be and maybe that's more of a case by case in a revocation letter
we -- yep, it's now you need to revoke it versus, hey, come have a hearing and -- we are
still revoking it, but you can appeal it and talk to Council. I don't know.
Borton: Yeah. Madam Mayor. I think what you and bill are about -- if there is some way
to maybe carve out the public safety immediate harm concern and, then, all the other
stuff. I mean we are trying to -- we really want to encourage these to be used and if
somebody has an approved plan and kind of boogers it up on how they install it or if they
move a fence or a wall a little bit and -- we want to say, hey, you can't do that, come on,
get compliant, rather than force ourselves to revoke it and you got to reapply and --
Milam: Madam Mayor?
Borton: So, trying to make it more business friendly.
Borton: Mrs. Milam.
Milam: Could that be as easy as changing the word shall to could? May. Something.
De Weerd: Yeah. They like shall and may and not could.
Milam: Might. Maybe. Kinda.
Borton: I don't have an answer on the words, but something that captures that.
Milam: Yeah. I wasn't looking at rename the word, I just -- but even that one word could
change the whole concept of how it's handled. It may. It might not.
Bongiorno: Madam Mayor?
De Weerd: Yes, Mr. -- or Mr. -- Mr. Joe.
Bongiorno: Bongiorno. Lieutenant Colaianni and I were just talking and I think to Mr.
Nary's concerns, I think in the approval process if we just put it in Accella that Fire and
Police, you know, review the applications I think the safety aspect hopefully would be
addressed at that time. We were just looking over some photos on the internet of these
parklets and some of them are pretty cool. So, they can be used appropriately, but I think
-- if we are part of the approval process the -- the safety aspect should be addressed at
that time.
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De Weerd: So, I guess with a few tweaks this could come back under ordinance form.
Nary: Madam Mayor, yeah, I think we could take -- take these comments and -- and bring
back and -- and I think we could probably have it on by next week. You can take a look
at it and, again, if you're not comfortable with it or you want to do it only as a first reading,
that's fine. Or if you guys are comfortable with it you can certainly approve it. But we can
add Fire and Police into the review. We can again separate out a dangerous condition
versus a corrective action. We could change that section of it where the revocation may
designate when it happens. Again, if it's a dangerous condition it may be immediate. If
it's a corrective action it may be, you know, revoked. In 30 days you have an opportunity
to appeal. So, I think we can incorporate all of that into an ordinance and have it back on
for next week for review.
De Weerd: Would Council like to see it before it comes back in ordinance form or we
bring it back in ordinance form and if you're good you act on it. Yeah? Okay.
Hood: I'm sorry, I didn't --
De Weerd: We will bring it back next week in ordinance form.
Hood: Okay. In ordinance form. Okay.
De Weerd: Yes.
Hood: Thank you.
C. Council: UDC Text Amendment Discussion Regarding
Variances
De Weerd: Thank you, Caleb. Appreciate this. Okay. Item 7-C is Council discussion on
UDC text amendment discussion regarding variances and I believe that Council Member
Borton had that on.
Borton: Thank you. Madam Mayor, this is kind of circling back to some of the stuff that's
come before us recently and -- and seeing if there is Council interest to fast track this one
and kind of address it as a one off change to the UDC, since that process takes a little bit
of time and it's -- what we have seen on several occasions is the -- the three prongs of a
variance that our code requires -- we have talked and kind of struggled and staff's had
some challenges trying to capture the fact that it's really two different components and I
think, Mr. Nary, you -- did you put it in or Chris put in just kind of the ordinance -- really
what the change would be -- oh, it's right in front of you -- would be striking through item
number one that's in front of you on the screen, leaving one and two and what we have
discussed in a couple of the more recent applications is if the property truly has -- or truly
has an undue hardship in that specific instance, then, it is that undue hardship which
means you're not really granted a special privilege, because it's a hardship which is
creating the variance need in the first place, so -- and it's more consistent with what state
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code requires as well. So, in order to avoid complications for applicants and our staff and
even us, in reviewing variance applications, is the Council interested in bringing this
change forward at all and, if so, just kind of as a one off individual item -- the sooner it
gets processed the sooner we can make the change, rather than waiting for it to be
doubled in with a bunch of other stuff.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Absolutely. Please.
De Weerd: Yeah.
Milam: Madam Mayor?
De Weerd: I think that was yes.
Milam: It makes a lot of sense.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, what you're seeing on the screen, just so
you know, that parenthetical there, this is covered by the above, was just to highlight why
we don't need it. So, that would come out. But, yeah, there is a process that we go in
through the application and through -- it still has to go through Planning and Zoning as a
UDC text amendment, but like Council Member Borton said, we don't have to bundle it
with a bunch of them. If they have something that's ready to go that's up to Planning, but
if your direction is simply to bring this forward and get it in the process as quickly as
possible, that's certainly -- we can do that.
Borton: Madam Mayor, who is -- who is the applicant? Is it you? Legal or --
Nary: The city is the applicant on these changes.
Borton: Who actually does it?
Nary: Planning Department.
Borton: Okay.
De Weerd: Okay. Thank you, Mr. Borton. Okay. We are at the end of our historical first
work session agenda. I would entertain a motion to adjourn.
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Borton: Move we adjourn.
Milam: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5:23 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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