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HomeMy WebLinkAbout2019-08-13 Work SessionMeridian City Council Work Session August 13, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, August 13, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener (Telephone), Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Also present: Chris Johnson, Bill Nary, Warren Stewart, Mark Ford, Charlie Butterfield and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. Well, welcome to our City Council work session. For the record it is Tuesday, August 13th. It's 4:30. We will start with roll call attendance, Mr. Clerk. Item 2: Adoption of Agenda De Weerd: Item No. 2 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we adopt the agenda as published. Milam: Second. De Weerd: I have a motion and a second, but just to n ote that Item 4-A is being postponed. Borton: Correct. De Weerd: Okay. I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda [Action Item] Meridian City Council Meeting Agenda August 27, 2019 – Page 4 of 403 Meridian City Council Work Session August 13, 2019 Page 2 of 21 A. Approve Minutes of August 6, 2019 City Council Work Session B. Findings of Fact, Conclusions of Law for Oakmore Subdivision (H-2018-0118) by Toll ID I LLC, Located near the intersection of W. Gondola Dr. and N. Black Cat Rd. C. Findings of Fact, Conclusions of Law for Oaks North and South MDA(H-2018-0117) by Toll ID I LLC, Located on the North and South side of McMillan Rd. between N. McDermott and N. Black Cat Rds. D. School Year 19-20 School Resource Officer Contract with West Ad a School District E. International Association of Fire Fighters Peer Support Training Program Agreement F. Community Development Block Grant Program Year 2018 Amendments G. Resolution No. 19- 2160: A Resolution Of The Mayor And The City Council Of The City Of Meridian Reappointing Diane Bevan To Seat 1, Rob McCarvel To Seat 2, Treg Bernt To Seat 6, and Kit Fitzgerald To Seat 7 Of The Meridian Development Corporation H. AP Invoices for Payment - 08105119 - $ 1, 099, 175.70 I. AP Invoices for Payment - 08108119 Special $810, 093. 35 J. AP Invoices for Payment - 08114119 - $ 2,417,613.52 De Weerd: Item 3, our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we adopt the Consent Agenda as published. For the Mayor to sign and Clerk to attest. Little Roberts: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Meridian City Council Meeting Agenda August 27, 2019 – Page 5 of 403 Meridian City Council Work Session August 13, 2019 Page 3 of 21 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Department/Commission Reports A. Presentation from Fire Chief Niemeyer De Weerd: Okay. Item 4 under Department Reports. Item 4-A is being moved to August 20th. B. Review of Ada County Highway District 2020-2024 Integrated Five-Year Work Plan De Weerd: So, I will move to Item 4-B, which is a review of the Ada County Highway District 2024 Integrated Five Year Work Plan and Ryan is here to present that to Council. Head: Madam Mayor, Members of the Council, you discussed this recently, so I will talk about it a little bit. ACHD commission approved it and released their new five year work plan and on August 5th the Transportation Department talked about it and had no topics of discussion to bring to City Council. So, let's review some of the -- some of the changes that were made and that they are proposing. So, a new project on Linder Road between Overland and Franklin that they are proposing that was on their last five year plan would just include widening the road in that section and the possible overpass just to discuss it with ITD. I know you guys recently talked about it and it sounds like ITD isn't super amenable to it, but it's on their plan. As far as advancing a project that -- a new project that is going on on Cherry Lane between Meridian library and the middle school, they want to do a pedestrian crossing. They had it originally scheduled for 2021, but they are advancing it to 2020, so that is exciting. As far as some -- while that's good news, we have a delayed project -- a few delayed projects, but one of them -- there are two of them on their plan, but it's really just one combined project on Ten Mile Road and Victory, it's delayed from -- sorry. Let me flip through here. From 2021 to 2022 due to some program balancing, which includes widening the road and making that intersection more of a roundabout and so they are delaying that until 2022 to get some -- some more funding for that and, then, under the removed projects they have one on Locust Grove between Fairview and Ustick. Originally their -- their plan was more to -- to widen that section of road to five lanes, currently three lanes, but they are worried that because there is so many residential homes in that -- that section of road widening it to five lanes, which kind of threw it right in those residents backyards. So, they think maybe it would be better to make more of a corridor with that or biking, better walkability and they want to discuss that more with -- with city staff, rather than go ahead with the -- the five lane widening of Locust Grove. And those were -- were the main changes. The Transportation Commission doesn't have any comments on it and the public comment is open until the Meridian City Council Meeting Agenda August 27, 2019 – Page 6 of 403 Meridian City Council Work Session August 13, 2019 Page 4 of 21 19th, so we just wanted to get in front of commission if they had any comments, if they want us to send over to ACHD prior to Monday, the 19th, we could send them that letter. De Weerd: Thank you, Ryan. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, Ryan, thank you so much. Wondering what the pedestrian crossing regarding the library and the school will look like. I was in some very preliminary conversations regarding that and we had things -- of course, a Hawk signal was discussed and, then, even a -- like an overpass walkway discussed and I was just wondering kind of what transpired out of that that we would actually be getting. Head: Yes. Let me look through here and see what they have on here. I know it's not an overpass. Well, it's they want to install an enhanced crossing pedestrian hybrid beacon on Cherry Lane between West 8th and Linder. So, it would require relocation of the existing school zone beacon to the west. So, more like the -- the walkway we have right here at City Hall along Meridian Road. Little Roberts: Okay. Great. Thank you. De Weerd: Any other questions? Okay. Thank you. Okay. I -- I know, Council, we need to get a letter to Ada County Highway District. Do you want to give direction today or wait until next week? Nary: Madam Mayor, I think it's due on the 19th. So, it's before your next meeting. De Weerd: Yeah. I was just grabbing my calendar to see. Yeah. So, I need a motion. Borton: What -- Madam Mayor, what are we moving on? De Weerd: We don't. We stop in traffic. Borton: Well, on the 19th, Madam Mayor, there will be a draft letter that -- De Weerd: Do you have any concerns with the plan that's being presented? Borton: Madam Mayor, no. De Weerd: Okay. That's good. Usually we do provide comment and so if you don't have any, we certainly don't need to write a letter, but if you did have a concern and wanted it articulated for their -- their meeting certainly we would need to know now. Okay. Doesn't sound like it. Meridian City Council Meeting Agenda August 27, 2019 – Page 7 of 403 Meridian City Council Work Session August 13, 2019 Page 5 of 21 C. Fire Department and Arts Commission (Continued from July 23, 2019): Recommendation for Public Art at Meridian Fire Station No. 6 [ Action Item] De Weerd: Item 4-C is under our Fire Department and Arts Commission and I will ask Hillary to present. Blackstone: Thank you, Madam Mayor, Members of Council. This was presented to you in July when I wasn't here and it was continued, so that you could get more feedback or input on the difference of the 5,000 dollars. Essentially, the first round of RFP was released under the budget of 30,000 dollars. MAC came to you and requested to increase that and it was increased to 35,000 dollars and even though the same artist applied for the 35,000 dollar project, that remains the recommendation from the Arts Commission and the intent is to honor what was advertised in the RFP for 35,000 dollars. I did reach out, though, to the artist for the justification of the 5,000 dollar increase and it is, essentially, an increase in just his cost of labor. So, he estimates 200 -- and I believe I put this in your packet as well. He estimates at least 250 hours of labor than he essentially proposed under the first RFP just because he really wants to do another project here in Meridian. It's his hometown and it matters to him. But he also wants to be paid for his work that he's doing. So, I found it interesting in the itemized budget page that was included in your pocket, his cost of labor, like I said, it was worth what the 5,000 dollar increase is, but you would see below what -- in the final table that says ideal itemized budget what he should be charging us. The cost of labor alone is 25,000 dollars. So, if we wanted -- if we really wanted a sculpture like this, a bronze -- because it is a labor- intensive project, it would cost closer to 75,000 dollars if we were honoring the artist's regular hourly labor rate. Daniel Borup is willing to reduce that rate, because he wants to be involved with the City of Meridian and I hope you had time to review his letter on your own as well, because I don't want to read it for you unless you want me to , but he also suggested towards the end of the budget that he could -- his proposal concluded that it would be a -- he would make additional casts to help recover the cost of that, what would have been 75,000 dollars, if he can make additional casts of the work it helps him recover some of those costs, so he said he could reduce the number of casts -- or additions to eight instead of nine to hopefully -- hope you guys understand the value of the 5,000 dollar difference. I mean he's not going to sell an individual sculpture for 5,000 dollars, but he will reduce that number of additions if the 5,000 dollars is such a concern to you guys. And I will stand for other questions. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Hillary, I read this letter and it makes perfect sense to me. I understand exactly why now the number is what it is and I hold nothing against him for that. However, as stewards of public dollars I think it would be highly inappropriate for us Meridian City Council Meeting Agenda August 27, 2019 – Page 8 of 403 Meridian City Council Work Session August 13, 2019 Page 6 of 21 to not just go ahead and award that, because it was something that was proposed on the last one, it was the -- the second choice just barely, if I remember right. Blackstone: Yes. Palmer: And so we upped the budget to get something different and, instead, now we are going to go with what was the second option and pay an extra 5,000 dollars of the public's money. So, my recommendation would be if we are wanting to go with this that we need to back up, do the RFP again, but, again, move the budget back down to the 30 with the added language that you had added about trying to go for the gender -- to not know what it is, essentially, and I imagine we would get the proposal again accepted at that point. But I don't think it would be right for us to have made this mistake and it may cost the public 5,000 dollars. De Weerd: Okay. Any other conversation? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I kind of got lost a bit. I don't know what -- what mistake? Blackstone: I can't speak to a mistake personally. Borton: Is it a -- Madam Mayor? Is it a matter of an RFP for a set amount to provide something if this was the selection? Blackstone: Yes. So, we -- we released a second version of the RFP for 35,000 dollars. This was the response to that RFP and this was the recommendation. So, there was an initial RFP that was for 5,000 dollars less before this one. We didn't recommend any of them at the time. Borton: Okay. Makes sense. De Weerd: Okay. Any other questions or comments? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I think that this would be -- this is going to be a fantastic addition to the fire station. I'm excited to see what it's going to look like. My question maybe to you -- or maybe to the chief is was there any discussion maybe with the union or other organizations that might have any interest in this piece of artwork as well ? Meridian City Council Meeting Agenda August 27, 2019 – Page 9 of 403 Meridian City Council Work Session August 13, 2019 Page 7 of 21 Butterfield: Madam Mayor, Councilman Bernt, I was -- I was brought into this by Hillary just for more of an operational perspective, how is this piece of art going to affect the operations of the new station and, then, also some high level considerations of what it looks like on the front. But, really, I was the only one brought in to be asked about that. Nobody else on the department was specifically asked -- as far is any union members were not brought in to -- to acquire their opinion of the art. De Weerd: And this has primarily been an Arts Commission project. Blackstone: Correct. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: This is a hard one. I -- I agree with Councilman Palmer in a lot of ways that the way that this kind of came down and -- and now it's just costing us an extra 5,000 dollars is -- it sucks. There is not another -- I can't even think of a better one, but I mean -- but reading his letter I realized that it still is a -- a value -- I won't say bargain, because it's a lot of money, but it is undervalued for what the art would normally cost and putting out another RFP -- I mean we are just spinning in circles putting out another RFP and wasting more from the time and money doing that process. So, I'm inclined to approve it. However -- you know, I wasn't at the commission meetings when the first RFP came through and I guess I kind of wish that I had had a little bit more background on that and, you know, why they didn't select it, but now they did. When we raised the price they selected it -- a little wishy washy to me. I don't like that. But it still -- if you look at the -- what he's making per hour, it's -- it's still under what it should cost, so -- Blackstone: Do you want me to elaborate on the discussion from the first RFP ? So, the highest scoring work from the first RFP was actually from an out-of-state artist that also produced bronze and, then, this was the second highest scoring one that was also a bronze and, then, they were really there two or three -- I'm forgetting now -- additional pieces that just didn't seem to fit the RFP very well at all. The initial kind of gut reaction from the public art committee members from the first RFP was that -- I think they weren't expecting to get bronze proposals, because I think they are also aware of that bronzes are expensive and we -- they weren't happy with the fact that three of their proposals received were all representative of -- of male figures. So, that was something that the first RFP didn't include or specifically include that we were interested in kind of a nonspecific gender or symbolic. There was really a lot of emphasis on using fire department symbology in the work. So, I think beyond just the proposals received we realized we had stronger intentions that we weren't aware of before, like we were hoping to get something that, yes, that really fits the bill and nothing fit the bill and we realized that we wanted something more specific and, then, the hope was that the increase of 5,000 dollars -- although to an artist it might not be much, to the Arts Commission and to the city it -- it means a lot more. Our hope was that that would encourage people to at least take notice of the call after talking to more artists, that's kind of where they start first Meridian City Council Meeting Agenda August 27, 2019 – Page 10 of 403 Meridian City Council Work Session August 13, 2019 Page 8 of 21 is like is it even worth my time to respond to a call for this or will I be turning my wheels or will I not be able to make it all pencil out . So, our hope was that that additional 5,000 dollars would make it pencil out for some other people. And we did get some additional responses that we -- after further discussion with -- with the committee we decided that we liked this figure the most and that was something that fire staff also said that this was the most relevant to -- to them. There were some others that were very abstract that they really were leaning towards the symbolic nature, but it wasn't as obvious. So, that was seen as less desirable. I think in the end they -- the fire staff like that this is something that was representative of what they do, the work that they -- that they do and it's apparent in just looking at it. So, I don't feel like -- personally I don't feel like a mistake was made. I understand that there is a price difference. Cavener: Madam Mayor, I'm sorry to interrupt. I'm having a hard time hearing Hillary. Blackstone: Oh. Sorry. I will speak in this -- in the microphone more. Cavener: Thank you. Blackstone: So, I was just saying I personally don't feel like a mistake was made. I think if anything we put out a call, Council approved the -- the budget and we should honor that -- that budget that was released, because that's what we told the artist we were going to pay them. Cavener: Madam Mayor, sorry, that I have to interrupt again. You started really good and, then, you just went silent. I don't know if maybe some -- one mic is working and one that's not. Blackstone: I think it's just my -- my voice, Luke. I'm sorry. Mr. Cavener. Cavener: Quite all right. Thank you. Blackstone: I don't know what you heard or didn't hear, but, essentially, I think that the -- the value that we are getting for this project is still really significant. I think that if we wanted a project of this nature we probably should be paying a lot more than we are getting. I think we are still getting a lot of value for what we have put out. I understand that the difference is 5,000 dollars, but I think that it's still a very viable project in that it will still have the impact that both fire and the Arts Commission are seeking to have. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And I think the -- the point is important that it is -- you know, the 5,000 dollars is a significant amount to an artist or -- or to the commission, but it's also significant to the additional ten families whose entire portion of their Meridian city property taxes would go to this single piece of art alone. It's never too late to make the right decision. There is a Meridian City Council Meeting Agenda August 27, 2019 – Page 11 of 403 Meridian City Council Work Session August 13, 2019 Page 9 of 21 reason that the decision is before us as a Council is because now it's here and it's on us as to whether this is the right move to make or not, not simply to accept the recommendation of the commission because that's what they do , but it's before us because it's on us to make the right decision. That's what -- they put out the RFP again, new proposals were presented, they had the same proposal as -- as last time. That was not even their first option to take -- or not even their first option and, then, give an extra 5,000 dollars is -- is extremely hard for me to -- to swallow here and so at this point it's -- the right decision is to not pay 35,000 dollars for this project. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just a little rebuttal to that. So, listening to Hillary, substantial changes were made, it's not the same proposal and changes were made that would have maybe push ed this -- had it been presented like this it might have been a first place consideration the first time around, but it wasn't and he went back to the drawing board and he made changes that -- that the Arts Commission requested they make changes the fire department requested, so it is a different proposal and it might be the same type of work, but it's a different proposal and he made the changes that made it what the Arts Commission was looking for -- Palmer: Madam Mayor? Milam: -- and that's why I supported it. De Weerd: Mr. Palmer. Palmer: Madam Mayor. The only change to the actual proposal was in the rendering -- in the first version the figure was standing. In the rendering in the second version the figure was kneeling and 5,000 dollars was added to the labor, as was explained in his letter. Not for any additional labor that the new version takes , just because he has significantly more labor and he needed to max out the -- the RFP budget. Other than that it was the exact same figure, just kneeling to standing. Or standing to kneeling. De Weerd: Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Hillary, now is this -- the artwork, is it included in the 50,000? If so where is the -- are we on the budget or is it a separate budget item within the Arts Commission? Meridian City Council Meeting Agenda August 27, 2019 – Page 12 of 403 Meridian City Council Work Session August 13, 2019 Page 10 of 21 Blackstone: This is a -- it is a MAC's project. So, this is within our 50,000 dollar MAC's ordinance funding. Little Roberts: And follow up. And we are still within our 50,000 dollar budget with the 5,000 dollar increase. Blackstone: Correct. Little Roberts: Thank you. De Weerd: Okay. Mr. Bernt. Bernt. Hillary, thank you for your time this afternoon. I have a quick question. I think it's sort of a follow up question from my previous question about whether the union was involved. Would the Arts Commission -- would they be open to like a third party getting involved and they may or may not contribute to this to maybe offset the cost or maybe have some ideas in regard to the -- the piece of art? Blackstone: I think the Arts Commission would be willing to enter that conversation. Understand that there was some -- some talk. I don't know who it was with, but amongst fire or union people that had wanted to pay tribute to somebody that they had lost , but that takes away from the fact that we wanted it to be kind of a universal figure , rather than just recognizing one person. So, I think they did offer to help support the -- the sculpture if it recognized that person. We could go back and ask if they would still contribute that without it recognizing that person, if we could recognize them some other way, but I'm not -- I have not previously been involved with those conversations . Bernt: Follow up. So, I get that, because, you know, you -- the proposal is for like a general neutral statue and I think that that's what it depicts and I think it's nice. I think that -- you're right. I think that they wanted to pay tribute to a fallen individual who passed away that used to work for the fire department -- the Meridian Fire Department. I think that there might -- I think that they might be open to other discussion. I don't think that -- I don't think that they want to totally change the look of the statue by any means , but if smart minds could get together and maybe discuss options, I think that it could be advantageous. I'm not trying to draw a line in the sand. I don't think they are. I don't think anyone is. But maybe a discussion -- a respectful discussion in regard to maybe thoughts and direction and possible financial additions as well. I think it would make sense just to have to talk, just have a discussion about -- if it makes sense, great. If it doesn't let's move on. This may be a solution -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Appreciate the conversation of the Council. I guess the question probably for Mr. Nary -- our options to that are either to approve the RFP or deny it; correct? Meridian City Council Meeting Agenda August 27, 2019 – Page 13 of 403 Meridian City Council Work Session August 13, 2019 Page 11 of 21 Blackstone: It's not the RFP. It's a proposal. Nary: Madam Mayor, Members of the Council, Council Member Cavener, the -- the RFP is already done. So, the proposal that's before you is to approve this recommendation from the Arts Commission. Cavener: Madam Mayor. Sorry to -- and I apologize that I have some questions while on the phone. If the Council doesn't want to approve it what are our options? Nary: Well, Madam Mayor, Members of the Council, if you don't want to approve this, then, I guess the direction would be similar to what you did before, you either reject this recommendation with a new direction to the Arts Commission on what to do. You can -- I guess that's really it. I think you could send it back and -- send it back for another go around if that's your direction. Cavener: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: One more question. If we were to approve this recommendation and, then, conversations happened with the union and they want to put in some money towards that, that's still acceptable. Would that be correct? That at some point where the money would just come -- some of the funds would come from a different place, other than the MAC funding? Nary: So, Madam Mayor, Members of the Council, I mean, yeah, that's -- that's a different conversation. I mean if you want to engage with another group, such as the fire union to participate in an art project and coordinate that with the Arts Commission, that's certainly an option if that's what you would like to direct this project back to the arts to do. That's certainly your option. Milam: Madam Mayor? So -- for clarification. So, that can't happen after -- if we hear a proposal and, then, have this conversation, that would have to happen prior to the approval of this? I mean if we approve it regardless and, then, you know, as we have done with some community partnerships and, then, you get some money somewhere else and funding just changes a little. Nary: So, Madam Mayor, Members of the Council, I guess when I see Hillary's name, we would have a contract with this artist to move forward. Milam: Sure. Nary: If the request is -- there is another group, such as the fire union, and you want to participate in this project, again, I don't -- I think I'm kind of with Hillary, I don't know the specifics, I don't know their interest, I don't know what -- they are willing to participate and Meridian City Council Meeting Agenda August 27, 2019 – Page 14 of 403 Meridian City Council Work Session August 13, 2019 Page 12 of 21 whether or not this particular project is of interest to them . If you're talking about an art project with them, that maybe more of what they want, but, again, I don't know. If you don't want to approve this project going forward until you know that answer, again, that would be a different question to ask before you approve anyt hing. Milam: Madam Mayor? Well, my -- my question isn't whether -- that we will have an agreement with them. The question is legally can we after this approval. Can we -- if they decided that was something they want to do, we would be approving it based on we are approving it regardless for -- with the MACs signing, but, then, if -- while this is in the process of happening could we legally have that conversation with the union and see if they want -- if -- in this particular project, the way that it is, if they want to participate, they can, you know, pay for a placard or something. Nary: So, Madam Mayor, Members of the Council, yeah, again, I think it's a slightly different project you're talking about. If you're asking do they want to contribute to the 35,000 dollar cost, yes. But, technically, what the money would do would simply go back to the MAPs fund, because we would contract to do it and simply pay the bill when it's done based on our contract out of the MAPs fund. If they want to recontribute money to the MAPs fund, in conjunction with something else related, that's fine, or just because they like this project they want to contribute back, they could do that. Milam: Thank you. De Weerd: Any further discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we accept the recommendation for public art at the Meridian Fire Station No. 6 from the Meridian Arts Commission. Borton: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will just be brief. I'm going to be voting against this and I just wanted to explain my reason why. I appreciate the work of the Arts Commission. I just cannot find a valid justification to accept this -- this proposal at a 5,000 dollar increase. I think that taking another crack at this, again, incorporating some of the feedback that Council Member Bernt has shared seems justified. Understand the desire to move forward, but I just -- the Meridian City Council Meeting Agenda August 27, 2019 – Page 15 of 403 Meridian City Council Work Session August 13, 2019 Page 13 of 21 fiscal element to me is just too much to muster. Because I can't justify it I will be opposing the motion. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I think this has a lot of potential to be a great project. I think I will -- I will be voting no, not -- not -- not because of the project itself, more along the lines of the motion. I just would like to get just -- and I don't mean to complicate this at all and I don't mean to prolong this -- this discussion, I just think it's important that, you know, if you have a third party that has -- you know, that wants -- that has an opinion that wants to share their opinion and whether or not the -- it's the right project for it or whether or not the Arts Commission accepts what the third party has to offer, is totally on them and it's a different discussion, but I want them to have that talk before and I want to have all of those things taken care of before I -- I vote for this project. De Weerd: You know, I think it's really unfortunate that someone comes in in the 11th hour -- this is the second time it's gone out for an RFP and we certainly had an opportunity to enter into these discussions before this. It -- as the Arts Commission has -- has stated, there are concerns that it would change the -- the whole idea behind this particular piece of art. It doesn't mean that we don't have the conversation, but to deny something based on something that could possibly be that did have an opportunity to have conversation before today or even before the second RFP was -- was voted on is really unfortunate. I would hate to see a project set aside because of a potential that did have an opportunity to happen before tonight. Bernt: Madam Mayor, I totally -- and I don't disagree with what you just said at all. I -- I'm not -- I don't believe it -- I'm not denying the project. I think the project is great. I just -- I'm not in favor of the motion. I -- I just would like to have -- I understand that, you know, we have closed the door on this, let's vote yes or no and let's get rolling, but in this instance I think that, you know, just -- I know that another talk is going to -- some more -- some further discussion is going to -- is going to take place and -- and if we -- this is a permanent fixture that's going to be beautiful and it's going to be a great representation of a -- of a -- of who we are as a community and a wonderful traditional, proud department. You know, what's another week or two to get it right, you know. and that's -- I guess that's my point of view. I'm not -- I'm not against -- I'm not against the artwork, I just -- I just would like to have that -- and I am not saying that -- that -- that the project needs to be changed in any way, let's just see what they have to say and if it makes sense, great. If it doesn't let's move on. That's all I'm saying. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 27, 2019 – Page 16 of 403 Meridian City Council Work Session August 13, 2019 Page 14 of 21 Palmer: Yeah. There is a -- a better way to -- to still have this happen and -- and have it happen in the right order and if you were to review the minutes of the meeting in which the new proposal was asked of us, there was definitely discussion and attempts to -- maybe not this, but -- so, let's figure it out and let's get it done the right way. So, with that as a substitute motion, I move that we deny the recommendation from the Arts Commission and instead of giving you instructions on what to go do, I want to leave it as a blank slate is go to work and figure what would be the best move to -- to find additional funding or find other adjustments as necessary. Milam: Madam Mayor? De Weerd: Mrs. -- well, before we have any discussion -- Milam: Yeah. De Weerd: Do I have a second? So, we are still -- Cavener: Second. De Weerd: Okay. I have a second. Mrs. Milam. Milam: I guess I have a question for Councilman Bernt on what is it -- you said you didn't like the original motion. What was it specifically that you didn't like about the motion? What would you have changed? Bernt: That it just was continued. Madam Mayor. That it was just continued, instead of -- you know, to a future date in a couple weeks. Milam: What is it that you foresee happening from what you have heard? Bernt: I just -- I would just like this third party to have an opportunity to get involved and -- and maybe add some -- some -- something to the project financially. If -- if it makes sense to the Arts Commission and have a discussion what -- what the third party would or wouldn't want. To make that happen. It's just -- that's all. That's what I would like. Just have it continued just to another week or two, so they can have that talk. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess I just feel like they have had plenty of time. We have been talking about this -- this has been on the table for a long time . So, unless there is a reason that they have not had an opportunity, don't have the time that you say that -- I mean I could pay the 5,000 dollars to put my name on it. De Weerd: Great idea. I will do it, too. Meridian City Council Meeting Agenda August 27, 2019 – Page 17 of 403 Meridian City Council Work Session August 13, 2019 Page 15 of 21 Bernt: Madam Mayor, I don't want to make light of the situation. I know -- I know -- that could be a topic of the discussion, but, then, maybe it's just not appropriate. Maybe it's -- maybe it's not the right time, nor the right project and that's fine and if that's -- and if that's what they decide, that's great. I don't have any problem with that. But I don't see the harm. And maybe I'm -- maybe I'm in the minority and it wouldn't be the first or the last time and I respect that. But just -- just a discussion. And I don't know why they didn't find out about it. I don't know why they waited. I don't think they are -- I don't think myself or the union is injecting in to complicate this, they are just interested and if it -- if it's the right thing, great. If it's not, great. I don't think anyone's trying to cause any -- any -- any waves or trying to ruffle any feathers or try to complicate anything, I think they just want to have a -- to see if there is any interest in -- in their involvement and if there is, fine. If not, great. That's -- and that's -- that's my only -- that's my only -- I guess that's all I'm saying. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mr. Bernt, I guess I would say -- I think it's great that they have an interest in recognizing a fallen firefighter. I truly do. Whether I agree that this is the right project or not -- they certainly can step up and -- and pay the 35,000 dollars and have a memorial to the fallen firefighters. This is just different. The -- the proposal went out with a whole different perspective in mind. I want to have that conversation with them to see how we can work together as a city with our firefighter union to -- to memorialize a fallen firefighter. I think that's very admirable. But this is not that project and if they would like to donate to it without strings attached to keep with the -- the ideals of what was put out there, that's great. I know that our Finance Department has -- has cautioned Council in the past that when you deny an RFP and you put it out again you will -- you get what you get and -- and that was seen here. So, really the -- we are -- we are comparing apples and oranges. It really is that. De Weerd: So, any other discussion? Mrs. Little Roberts. Little Roberts: Madam Mayor. Honestly, I'm sitting here kind of struggling, because I certainly understand wanting that third party -- especially having known who they plan on honoring and I don't want that to get in the way. I was at a training yesterday and did not realize that one of our female firefighters was part of the training until these very helmets that we are discussing and the piece came off and so -- so, I'm very supportive at this point of both. I think that it would be great to somehow down the road have that discussion and honor a fallen firefighter. I also think that this fits exactly the -- the position -- the bill that we wanted it to. So -- so, trying to get those two to work right this moment is not working too well, but I understand we put out a second RFP and I think that we need to move forward with this piece and move forward with that discussion on how do we honor -- work together if that's what everybody wants to -- to create a way to honor a fallen firefighter. So, I think that's definitely -- whatever happens today has brought that to light and at this point I would support moving forward with this piece. Meridian City Council Meeting Agenda August 27, 2019 – Page 18 of 403 Meridian City Council Work Session August 13, 2019 Page 16 of 21 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: As mentioned there will be seven additional molds of this available. So, maybe there is a great deal to happen on the next one. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just maybe to simplify it, kind of go off what you said, you know, when you go for a second RFP at the risk of getting what you're going to get, this project wasn't what was wanted at 30,000, so to go with that project at 35,000 just doesn't make sense. Borton: Can I call the question. De Weerd: Yes. Mr. Clerk, will you call roll. This is voting on the substitute motion to deny the recommendation from the Meridian Arts Commission on this piece. Roll call: Borton, nay; Milam, nay; Cavener, yea; Palmer, yea; Little Roberts, nay; Bernt, nay. De Weerd: Okay. MOTION FAILED: TWO AYES. FOUR NAYS. De Weerd: We have the original motion was to approve the recommendation from the Meridian Arts Commission. Any further discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: Okay. Motion carries. MOTION CARRIED: FOUR AYES. TWO NAYS. De Weerd: Thank you for hanging in there, Hillary, and for bringing the information. We know that you are the messenger. Blackstone: We are always lifelong learners, aren't we? De Weerd: Yes, we are. Milam: It's fun having you all afternoon. Meridian City Council Meeting Agenda August 27, 2019 – Page 19 of 403 Meridian City Council Work Session August 13, 2019 Page 17 of 21 D. Solid Waste & Recyclable Material Cart Location of Placement Ordinance Update [Action Item] De Weerd: Thank you. Item 4-D is under our solid waste and recycled material cart location of placement ordinance update. Wow, that is a mouthful right there. Hi, Alex. Cavener: Madam Mayor, I can't hear you now. I don't know if you turned off your mike or something, but I can't hear you anymore. De Weerd: No. I'm sorry, I'm really loud in -- in Council Chambers, so -- is that better? Cavener: That is. De Weerd: Okay. Freitag: Madam Mayor, Members of the Council, good afternoon. Thank you for having us. Tom is going to give you the update on this ordinance in just a moment, but I think a few of you have had a chance to meet him , but this is his first opportunity to be in front of all of you, so we thought this would be a good opportunity to do a kind of a formal introduction here. So, this is Tom Ottey. He is our Solid Waste coordinator. Tom comes to us from the private sector. He has over a decade of experience in this industry specific. So, he brings a wealth of knowledge and experience to the city. We are extremely excited and happy to have him on board. Looking for great things and very, very excited that he has joined the team. So, I just wanted to give an opportunity to say hi and introduce him to the team. I'm going to now get out of his way, so he can talk trash with all of you, so -- De Weerd: Welcome, Tom. Ottey: Thank you, Madam Mayor, Members -- Members of the Council. What you're seeing today is just a clarification of existing ordinance language on cart placement. There had recently been some complaints and some questions from the citizenry about actual cart replacement. This is just a cleanup of that language to make sure everything is safe and efficient for pedestrian sidewalk use and for servicing with our contracted service provider. De Weerd: And, Tom, this doesn't change our policy, it just clarifies it. Ottey: Correct. De Weerd: Okay. Council, do you have any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council Meeting Agenda August 27, 2019 – Page 20 of 403 Meridian City Council Work Session August 13, 2019 Page 18 of 21 Nary: If I could just add to what Tom stated. We have had this discussion. Recall some people in the -- in the disabled community being concerned about access on sidewalks and so that was really the focus of this discussion was trying to move the cars in as much -- as many locations as possible off of the sidewalk into the street and they are handled the street in a majority of Ada county, so this is not a significant change countywide, but it will be a change for our customers and so we have worked -- and Tom especially, but -- and also Shandy Lam with the Mayor's office in creating educational outreach material to get people to understand what they need to do differently, because this will be a change for some. I think if you drive around the city you see cart sometimes in the street and sometimes on the sidewalk and it's kind of a mixed bag and where probably people had come from. But this is really to clear that up and make it clear where we would like the carts to be. It gives some out on areas where we don't want them in the street , such as arterials, like Cherry Lane, Meridian Road, those kind of places. But it should make it uniform throughout the city and provide better access to people on the sidewalk and we would like a public art piece as part of -- no. De Weerd: Oh, that was so bad. Any other questions, comments? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Were you going to show us a video, Tom? Ottey: I was not prepared to do that tonight. Milam: I thought we were going to see a video tonight. Okay. They prepared a really awesome video that shows proper cart placement as well. De Weerd: If you can maybe e-mail the City Council with a link to the video that would be awesome. Ottey: Absolutely. Be happy to. Milam: Unless it was supposed to be at a future meeting. I can't imagine why. Nary: So, Madam Mayor, Members of the Council, if you're okay with the ordinance as drafted, we will put it on for -- for reading next week. We can put it on for all three readings and move it forward now if you're comfortable with that . If you would like to have some opportunity for public input, you can put it on for one reading with public input and, then, put it on for the second week for approval. Milam: Let's do that. Nary: Okay. Meridian City Council Meeting Agenda August 27, 2019 – Page 21 of 403 Meridian City Council Work Session August 13, 2019 Page 19 of 21 De Weerd: Okay. So, put it on for a public comment and possible action. Nary: Okay. De Weerd: And, Tom, if you can work with Shandy in -- in getting out good notification to the -- the community about that. Ottey: Yeah. We have a comprehensive communication plan ready to go, we just need to know when it goes into effect and we will put everything into place. De Weerd: Okay. It's more if we can make sure that we get good notice through our various social media outlets that will have an opportunity for public comment on this ordinance update and, then, Council can take action. Ottey: Staff will get it done. E. Solid Waste Advisory Committee Membership Qualifications Ordinance Revision [Action Item] De Weerd: Okay. Awesome. Thank you. And I assume that -- well, you're not the next item. It looks like Mr. Nary is; right? Nary: Actually, Tom is going to -- De Weerd: Okay. And I will ask you to comment, then, on Item 4-E, which is the advisory -- Solid Waste Advisory Committee membership qualifications, the revision to th at ordinance. Ottey: Brief history on this, Madam Mayor, Members of the Council. With our city growing at the rate it is, our trash recycling needs and issues are becoming more complicated. Staff came to SWAC and said they would like to have a way to word it so they would be able to get more industry experts onto the commission if it's the pleasure of the Mayor and the Council. So, this ordinance change is just to make it so we can have up to two members -- up to two technical experts on the -- on the actual commission itself. Mr. Nary would have a little bit more insight into the exact wording and the legalese of it, but the long and short of it is they just wanted to be able to have up to two members that were industry experts. Nary: So, Madam Mayor, Members of the Council, currently Dave Neal sits on the Solid Waste Advisory Commission. He is an industry expert. But as Tom stated, it has become, as all of you know even from the discussion we have had with this Council, the area that we deal with from the SWAC is much more complicated today than it was a year or two to five years ago. This isn't necessarily targeting anybody to be in the SWAC commission, it was more to give the opportunity if it's there to help out the c itizen members of the commission to understand. There was some discussion about an imbalance of residents versus nonresident on the commission. All of our commissions can be up to nine. So, Meridian City Council Meeting Agenda August 27, 2019 – Page 22 of 403 Meridian City Council Work Session August 13, 2019 Page 20 of 21 we are not real concerned that two would throw that off. Currently we have -- Tom, is it six? Ottey: Five. Nary: Five. We have five. That's right. Five currently. But this also requires our youth member be a resident as well. So, the imbalance is unlikely, because, again, you're going to have at least three to two as it is currently situated now. So, we don't envision that being a problem. But we did want to make sure that the commission and especially the citizen members were getting the best feedback and information that's available in the industry. So, that was the intent of it. De Weerd: Okay. Any questions for Tom or Bill? Bernt: No, ma'am. De Weerd: Okay. This also needs to move forward. Nary: Yes, Madam Mayor. We could put this on for next week if you're comfortable with it. If you want public input. I don't know there will be. We can do it the same way. We can put it on for one hearing if they want input, with a possibility to take action if you wish. De Weerd: You might as well. Thank you, Tom. And thank you for trying to stand -- or braving standing in front of City Council. Bernt: Talking trash. Item 5: Executive Session per Idaho State Code 74-206( 1)( d) To consider records that are exempt from disclosure, and ( 1)( f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated De Weerd: It's nice talking trash with you. Yes. Okay. Item 5 is an Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we go into Executive Session pursuant to Idaho State Code 74-206(1)(d) and (1)(f). Milam: Second. Meridian City Council Meeting Agenda August 27, 2019 – Page 23 of 403 Meridian City Council Work Session August 13, 2019 Page 21 of 21 De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:21 p.m. to 6:01 p.m.) De Weerd: Do I have a motion to come out of Executive Session? Borton: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALLAYES. De Weerd: Do I have a motion to adjourn? Borton: Move we adjourn. Little Roberts: Second. De Weerd: Thank you. I have a motion to adjourn. All those who favor say aye. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:02 P.M. (AU -:3-be ATTER C H %( N FILE OF THESE PROCEEDINGS) at, P-rr uc��, DATE APPROVED