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HomeMy WebLinkAbout2019-08-27 Work SessionMeridian City Council Work Session August 27, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, August 27, 2019, by Mayor Tammy de Weerd. Members Present: Joe Borton, Luke Cavener, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Tammy De Weerd and Ty Palmer. Also present: Chris Johnson, Bill Nary, Kyle Radek, Sonya Allen, Mark Ford, Mark Niemeyer, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton ___ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener _____ Mayor Tammy de Weerd Borton: Good afternoon. It is Tuesday, August 27th. 4:30 p.m. We will start up our workshop agenda. Welcome, everybody. Big crowd. Chief. We will begin tonight's meeting with roll call attendance. Mr. Clerk. Item 2: Adoption of Agenda Borton: Item No. 2, adoption of the agenda. Cavener: Mr. President? De Weerd: Mr. Cavener. Cavener: I don't see any proposed changes. So , I move we approve the Consent -- or we adopt the agenda as presented. Milam: Second. Borton: It's been moved and seconded to adopt the agenda as p ublished. All those In favor say aye. Thank you much. MOTION CARRIED: FIVE AYES. TWO ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of August 13, 2019 City Council Work Session Meridian City Council Meeting Agenda September 3, 2019 – Page 68 of 245 Meridian City Council Work Session August 27, 2019 Page 2 of 19 B. Approve Minutes of August 13, 2019 City Council Regular Meeting C. Approve Minutes of August 20, 2019 City Council Work Session D. Final Plat for Sky Mesa Subdivision No. 2 (H-2019-0083) by Engineering Solutions, LLP, Located NW of the intersection of S. Eagle Rd. and E. Taconic Dr. E. Final Order for Burlingame Subdivision No. 1 (H-2019-0080) by Engineering Solutions, LLP, Located at 1923 N. Black Cat Rd. F. Findings of Fact, Conclusions of Law for Rackham Subdivision (H-2019-0081) by BVABC Eagle View, LLC, Located at 1020 S . Eagle Rd. G. Revised Findings of Fact, Conclusions of Law for Verona Lot 12, Block 12 (H-2019-0070) by Jacksons Food Stores, Inc., located at 4870 N. Ten Mile Rd. H. Development Agreement for Razzberry Villas (H-2018-0130) with Integrity Partners, LLC located at 1434 and 1492 Star Drive I. First Addendum To City Utilities Reimbursement Agreement - Meridian Costco J. License Agreement Between City Of Meridian And Meridian Library District For Non-Exclusive Use Of Walking Path In Julius M . Kleiner Memorial Park K. Professional Services Agreement for Community Art Projects Artwork Licenses Not-to-Exceed $600 1. Andrea Harris, "Reserved Parking" $300 2. Tena Rogers, "Splash Pad" $300 L. Professional Services Agreement for Meridian Art Week Not- to-Exceed $500 1. Lisa Johnson, Musical Talent $200 2. Hanover Park Entertainment, Movie Screening $300 M. Resolution 19-2162: A Resolution To Amend The City Of Meridian’s Citywide Records Retention Schedule; And Providing An Effective Date. Meridian City Council Meeting Agenda September 3, 2019 – Page 69 of 245 Meridian City Council Work Session August 27, 2019 Page 3 of 19 N. City Financial Report - July 2019 O. AP Invoices for Payment - 08/21/19 Special $4,106.45 P. AP Invoices for Payment - 08/28/19 - $2,019,785.65 Borton: Item No. 3, the Consent Agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we approve the Consent Agenda, for the Council President to sign and the Clerk to attest. Milam: Second. Borton: It's been moved and seconded to approve the Consent Agenda. Any discussion? If not, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Items Moved From the Consent Agenda Borton: Nothing moved from the Consent Agenda. Item 5: Department/Commission Reports A. Fire Department: Station 6 Change Order Update [Action Item] Borton: Moving along. Item No. 5, Department/Commission reports. We are going to start off with Station No. 6 change order update. Chief Niemeyer. Niemeyer: Council, good afternoon. I am here to present what we anticipate is some future budget amendments with regard to Station 6. We knew going into this project of its size we were going to have some change orders, but for us change orders are scrutinized within the department, certainly with Stacy and Keith Watts, kind of like budget amendments. We want to make sure we are presenting for the right reasons. That said, we knew we were going to go into them. I learned this lesson the hard way, as a little story telling. When Cheryl and I built our house five years ago we spen t hours on the weekends planning every detail to that house and the bet I had with the builder was no more than three change orders. By the time the project was done we had lost the bet. We had eight. So, we know change orders are a part of a process, but I did want to talk Meridian City Council Meeting Agenda September 3, 2019 – Page 70 of 245 Meridian City Council Work Session August 27, 2019 Page 4 of 19 about them and answer any questions. We do have one action for this evening. We are hoping are hoping you will consider it and that is the fire hydrant and I want to go into a little bit of detail on that, because it is a pretty spendy cost to a fire hydrant add. So, with that I sent out the spreadsheet earlier today. Hopefully you all received it. Councilman Cavener, I apologize that it came out today. We just got an update on it today, so we tried to get that out earlier. So, I apologize for that and I hope you had enough time to look at it. We are here tonight primarily to request funding -- a change order in funding that's already been allocated for a second fire hydrant that will be located on the rear of the station. Each of our other stations has a fire hydrant in the back and the purpose of that is to not meet fire code, but, rather, to provide for training -- water supply for training. This lot is big enough that we can actually do some training on the backside of this parcel in the backside of this lot. We also use that hydrant when we come back from a fire, our engineers pull up to that hydrant and fill up their tanks, so that they are ready to go for the next call. That was not put in the initial design. We were trying to limit cost and so we took out things that we felt we could take out. We have funding available and so for discussion tonight is the second hydrant in the back side of the fire station. This would come out of the contingency dollars that you had in the spreadsheet that I sent to you . A couple other things that we are looking at that will come before you if we need to. Big ticket -- you will see the 50,000 dollars for the design emergency signalization. Keith Watts is currently negotiating through that and I don't want to go into too much detail, because he is working through that with the architect , the subcontractor, on this. The design of the emergency signal is that arm that goes across the road that signals stop for traffic that's coming through when we respond to a call. Where they had proposed to put that there are underground utilities right in the spot that they proposed to put that and we feel that the design folks should have caught that . So, Keith is looking through that. We are hoping that this cost does not come before you. We feel that that's on them. So, Keith is working through that. The doors -- the folding doors -- this was actually a discussion -- I'm sorry to see Councilman Palmer not here. We discussed this during -- way back on the design phase of this project. The folding doors are something that has been incorporated in many fire stations around us. Boise in particular. They are really neat looking. They have a lower maintenance cost, but outside of that when we designed this station we didn't know of any other benefit to them . Chief Butterfield has been researching this and as I spoke with our Council liaison about my intrigue in these doors is they open in about seven seconds. Standard garage doors open in anywhere from 21 to 35 seconds. So, it doesn't seem like a lot at all, but in our business when seconds count getting out of the station it's a big deal and Chief Butterfield is looking at that. Again, that would come before you for consideration and discussion, so I wanted to make you aware that we are looking into it. Tonight we are asking for a change order approval for the second fire hydrant and it is a cost of 37,000 -- I'm getting older. 37,678 dollars. Why the cost to put in a fire hydrant? It's 331 linear feet that this line would be laid to put in the hydrant. I worked with Stacy to get more information, because I kind of asked the same question. Why -- why so high. What's the cost involved. This is four feet down that you have to bury this and what you have to do with the hydrant line is jacket it, meaning there has to be a pipe around the pipe to protect it. That's a big part of the cost. So, this cost includes labor and materials, all the above. So, I'm certainly happy to stand for any questions on the f ire hydrant. Meridian City Council Meeting Agenda September 3, 2019 – Page 71 of 245 Meridian City Council Work Session August 27, 2019 Page 5 of 19 Borton: Thank you, chief. Council, any questions? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Question either for chief or Bill. It seems like you're bringing us kind of like a provisional vote, then, before you bring us a budget amendment. Is that what we are doing here? Niemeyer: Councilman Cavener, I can chime in and certainly Bill can as needed, too. This isn't a budget amendment, this is within the contingency funds that have been approved. So, it's not a budget amendment, it's not asking for new dollars. Cavener: Mr. President. So, just basically asking us for our approval to spend dollars that are in a contingent budget that have already been allocated. Niemeyer: In a nutshell, yes. Yes, sir. Cavener: Okay. Borton: I think we -- we brought this up a while back on a different project with trying to have change orders brought to us and presented, to have us on the record affirm approval of them. Cavener: Great. Niemeyer: And, Mr. President, that was -- that was why we pulled it from last week. It was on the Consent Agenda. The Mayor and I had a discussion. We didn't know that -- that you like to hear the change orders, so that's why we pulled it and brought it tonight. Cavener: Great. Borton: That's great. Milam: Mr. President? Just a quick question. Has this been compared, the price, to what we have done at previous stations? Is the price in line? Is it more because it's a contingency, because it's later in the process or because they can -- because they can I guess? Niemeyer: Yeah. I haven't researched our other projects. The last time we built a fire station was ten years ago. Certainly we rely on Public Works and some of their input on what -- what the cost is to put in lines like this and hydrants and there was nothing alerted out of the ordinary. Unfortunately, materials have gone up in ten years, the cost of them -- Meridian City Council Meeting Agenda September 3, 2019 – Page 72 of 245 Meridian City Council Work Session August 27, 2019 Page 6 of 19 Milam: Sure. Niemeyer: -- and especially now that even home builders are finding that out. So, we didn't hear anything that alarmed us that this is out of -- out of line with previous. Milam: Thank you. Borton: Any other questions, information needed? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Mr. President, I would like to move that we approve the 3 7,678 dollars for the change order. Cavener: Second. Borton: Moved and seconded to approve Item 6 -- 5-A. Any discussion? Mr. Clerk, please call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Niemeyer: Great. Thank you. And we look forward to coming back and updating you. The good news is we are on time and on budget, so -- Borton: While you are here, the venting system is a part of this as well; right? In Station 6? Niemeyer: That's included in our original design. Borton: Sure. Niemeyer: As far as our other stations go -- Borton: Right. Niemeyer: -- chief, correct me if I'm wrong, but the last update I got is they have all been installed. They are all attached. We have one fire engine that had to have a modification to their exhaust system to attach, but everything's been done. Borton: Okay. Great. Meridian City Council Meeting Agenda September 3, 2019 – Page 73 of 245 Meridian City Council Work Session August 27, 2019 Page 7 of 19 Niemeyer: Yes, sir. Yeah. Good news. Borton: Good to hear. Thanks. Niemeyer: Thank you. B. City Council: Proposed Amendment to Meridian City Code 6-2- 8(D) and (G) to Increase Fine Amounts Borton: Item No. 5-B. This is kind of the continuation of our process if Council has questions and ideas they want to bring forward for discussion . This one came up from Council Woman Milam, who is -- oh, she's going to the podium. I love it. So, if you recall a couple of months back there was remarks that -- that surrounded dogs off leash and the consequence of dogs off leash and there are better ways to address it or deter it and making sure that stayed on the radar. Genesis, the floor is yours. Milam: Council President, Members of the Council, good afternoon. Thanks for having me this afternoon. It feels really weird being over here and I wrote some stuff down, because you guys are really intimidating. All right. So -- this seems really loud. I'm here to -- to discuss with you today a possible amendment to the City Code 6-2-8(d)(e), which are, basically, dog at large. And maybe G, which is dog rushing. To increase the fine amounts. The reason I feel that we need to increase the fines is due to the extreme number of people who do not abide by the law and I have seen so many -- what brought this about to me is I saw so many posts on NextDoor and hearing people's stories that are getting attacked by dogs. Their kids are getting attacked by dogs, their dogs are getting attacked by dogs, and just going taking their -- just walking down the street being rushed at and either scared, you know, and psychologically -- have psychological trauma or physical harm. I have got a couple -- okay. So, I have two pages and just a very quick couple minute search of all of these different quotes from different people who have been attacked by dogs just within the recent month or so and I'm just going to read a couple of them to you. Today my children and tiny dog were attacked by a dog. A man walking three dogs, one unleashed, could have caused my children lots of harm. We are animal lovers, but also responsible pet owners. I don't want to turn this into a long rant, but I simply feel that people need to be responsible pet owners . My daughter is very brave to fight the dog, but it could have been tragic for all involved . That's just part of one. My puppy and I were charged three times today by the same dog racing toward us teeth bared. The dog came around the corner the first time . Owner not in sight. The last two times he raced across the street toward us. We were on the sidewalk. He said no worries, he won't bite. Well, that wasn't the impression the dog was giving us. And another one. I was running with my dog this afternoon around 3:00 and we were both attacked by a dog. The owner had his dog off leash and was 20 plus feet behind the dog. So, this is just -- it's becoming more and more. I was -- I go for a walk every day and I see this firsthand. I personally haven't had any run-ins, but I see it -- I see it all the time and it could happen and especially for children. So, this is a matter of public safety and they are crying for help. They are asking on the NextDoor they are saying why aren't -- why isn't anybody doing anything about this. So, my hope is if we increase the fine enough it Meridian City Council Meeting Agenda September 3, 2019 – Page 74 of 245 Meridian City Council Work Session August 27, 2019 Page 8 of 19 will prevent many of the circumstances that are causing the incidents, because less pet owners will let their dogs roam without a leash. The current off-leash penalty is 25 dollars for the first offense, 50 dollars for the second offense, and a hundred dollars for the third offense and I am proposing like 300, 500 and a thousand at a minimum. And the point isn't really to make a lot of money, it's to be high enough that people will be discouraged from doing it in the first place. If we could prevent dogs being off leash, then, we can prevent dogs attacking people. I would like the city to use all of its media resource outlets to -- to publicize it and educate our citizens, so they know that this is what it is and really it's about prevention. However, if fees are collected I would like the money to go towards our contract with the Humane Society, which we already have, which would, then, potentially save taxpayer dollars that we allocate towards that every year. There is also in 6-2-8(s), removal of dog feces. Now, this one is a little bit in jest, but it doesn't have to be. So, we could include a penalty of picking up dog feces in public parks or other public places if you get caught not picking up your own. Bernt: The owner's or the dog's? Milam: Your own dog's. Thanks, Treg. Councilman Bernt. I'm not asking for any action, just simply want to see if you as a body -- I think this would be something to discuss further and have a public hearing on. And I will stand for questions. Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Mr. President. Councilman Milam. Which one were you referring to regarding the -- is it the dog -- were you referring to (e), dog at large on -- would that impact (e), dog at large on public -- Milam: The private property -- Councilman -- sorry. Mr. President, Council Woman Little Roberts, The (e) is not your own private property, it's somebody else's private property. And it's if you don't have permission to allow your dog on that property. So, I think that it should -- again, this is all -- we can discuss all of the particulars on how that would be at a later date, but I did put it in there because it's still a dog at large off of leash and I don't think -- I mean if they can't be on the sidewalk why would it be okay for me to let them into my neighbor's yard. Little Roberts: Follow up. Well, like community parks that are owned by the subdivision -- we live right across the road from one and we have got a lot of people that off leash very safely work their dogs in that park and I'm just worried that -- because it's really kind of fun watching them. We have never had one single complaint and I'm concerned that that would impact the opportunity that these people , including myself, have on working their dogs in the park that's within a community. Milam: So, that's private property. Oh, sorry. Meridian City Council Meeting Agenda September 3, 2019 – Page 75 of 245 Meridian City Council Work Session August 27, 2019 Page 9 of 19 Borton: You bet. Milam: Council Member Little Roberts. Borton: Genesis. Milam: That's the hardest part. That is private property; correct? So, if the HOA allows that would be my assumption and, again, I appreciate you bringing that up, because those are details that we do need to look into. However, personally, same thing goes for me when I'm on my walk, there is somebody that's constantly out there with a dog off leash and the dog comes chasing up at me pushing the stroller with the baby. It doesn't bare teeth or attack me, but it's a little startling sometimes and the owner yells at them and they usually retrieve, but, you know, personally I think that we have amazing an dog park and -- and, you know, we need more. We have another one at Discovery now, so there are a couple places to -- to do dog training, but it's definitely something to consider. Borton: If I understand what you're saying as to, (d), (e) and (g), any or all of those, it's not an ask to make a new prohibition, to ban something that otherwise was lawful, but just to raise the fine on what is already prohibited -- Milam: Sure. Yes. Borton: -- for the deterrent effect. I think (d) prevents me going to your HOA and bringing my dog, but I don't think it prevents you. That's probably a Mr. Nary question. I think it's great to have a public hearing on raising these amounts for that purpose and getting some awareness to the problem and perhaps it may be a chilling effect on folks even with good intention who let their dogs run up and down the street. We have been attacked. Our dog's been attacked. Same thing. Multiple times. Happens all the time. So, it's -- I think it's worthy of a discussion. Increase the fines and people say, oh, my God, that's so expensive. Good. Have that conversation. Milam: Thank you, Council President Borton. And that's exactly the -- the purpose is really to just discourage it from happening. It's happening too much and, hopefully, we can get some people that have been -- like yourself who have actually been attacked to come and share their stories and -- and give their feedback on -- on that as well. Nary: Mr. President? Borton: Mr. Nary. Nary: Mr. President, Members of the Council, Council Member Milam, the only thing I was going to mention on the fines. So, currently our dog at large in public place is an infraction. So, the -- the maximum fine for an infraction in the state of Idaho is 300 dollars. So, if you want to leave it as an infraction , just understand that's the maximum fine. If you want to leave it as a graduated fine you can certainly go 50, 100, 300 or whatever you want, as long as you understand the max is 300, unless you wanted to make it a Meridian City Council Meeting Agenda September 3, 2019 – Page 76 of 245 Meridian City Council Work Session August 27, 2019 Page 10 of 19 misdemeanor on the third offense or something like that, then, it becomes a jailable offense and that's concerning -- you know, we were asked a number of years ago by the state legislature to try to eliminate as many city misdemeanors as we felt reasonably possible and so this is one that I think has always been an -- well, I take that back. It hasn't always been an infraction, it was a misdemeanor, but this is one that we did downgrade to an infraction. So, you can still use the fine as a deterrent, just understand what your maximum is. On the other ones, they are misdemeanors at a certain level. I mean some of them require a second offense, but the maximum on misdemeanors are a thousand dollars and six months in jail. So, you do have more flexibility to change the penalty on the ones that are already misdemeanors and that would still align with state code. Milam: Council President? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Good job. Milam: Thanks. Cavener: Real proud of you. You did so good with this. I just -- it was awesome to see. And thanks for bringing this. This is something that you look at it and it's like, oh, maybe there is some inconsistencies here in our code that we can fix and clean up. It wasn't on my radar, but I am one hundred percent in support of having a public hearing on it. I'm not sold on this 300, 500, 1,000 dollar business, but some conversations, hearing from the public, is something that I'm -- I'm supportive of. I don't know if you know and if you do I would love to hear it and it's not, then, I think this is a topic to be covered at the -- at the public hearing is how many citations have been written . I appreciate your recommendation that the funds go to the Humane Society. I have been pretty vocal on the record about what I think is kind of the lack of -- of their service that they are providing to us and our citizens. If I'm wrong on this particular piece, this is going to be a great place to see it, but if I'm right I don't know if any change is going to warrant the intended outcome that we want, except for the people are going to be educated and if our goal, then, is education, well, then, let's work with our public information officer and just start educating the public. So, that's where I am. I -- nobody knows this. When I was five years old I got attacked by a dog. His name was Rooster. Tore my butt. I still got a scar. I won't show it to any of you, but it's there. My younger brother was attached by a pit bull on his face when he was 12 years old. Both were well behaved according to the owners. Very nice, friendly dogs. That weren't those two days. And so anything we can do to educate the public on something I support. I'm going to need a little more information about where we head in terms of code before I can be fully behind it. Milam: Council President? Meridian City Council Meeting Agenda September 3, 2019 – Page 77 of 245 Meridian City Council Work Session August 27, 2019 Page 11 of 19 Borton: Mrs. Milam. Milam: So, a couple of things. And I -- I agree with you about the education part. I mean that is -- that is a lot of this, but also it needs to be education that is scary enough that you don't want to have the consequences , which is why the large fine. I don't want to make it a misdemeanor. We don't want to go backwards. We did just change this. I did speak with the chief and he's willing to speak at the public hearing as well . I don't think he would support it becoming a misdemeanor and I don't know if there is a way to just do like -- maybe just -- maybe on your third offense it becomes -- at the thousand level it becomes a misdemeanor or something like that. I don't think starting out too low is a good idea either and I agree most dogs -- I'm an animal lover and most dogs are nice dogs -- are nice until they are not and you don't know what it's going to take to antagonize them or get them off that day and make them attack, so -- Cavener: Mr. President? One thing that -- I don't know if you're looking for other people to help you with this, though I'm happy to help and assist if -- if you're looking for a set of hands on this. Milam: Thank you very much, Councilman Cavener. Cavener: I think it's a good idea. Milam: Appreciate it. Thank you for your time. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: So, I'm in agreement with Council Member Cavener. I think he explained it perfectly. I also -- you know, I think most people don't even register their dogs, let alone want to pay 500 bucks to pay it as a fine of some type when they bite another person or a dog and so I -- the only thing that I'm concerned about is the -- the amount. So, maybe you bring back some information in regard to -- you know, increase the last five years, three years, last year, whatever from the Humane Society. I'm sure they have that data. That would be really interesting to know. Borton: Awesome. So, it sounds like there is some consensus to bring this back for a public hearing, to gather info, discuss it more and, then, make a decision. Milam: All right. Thank you very much. Nary: Mr. President? Borton: Mr. Nary. Meridian City Council Meeting Agenda September 3, 2019 – Page 78 of 245 Meridian City Council Work Session August 27, 2019 Page 12 of 19 Nary: I take it from the tenor of the conversation the Council isn't requesting we draft a draft ordinance to have a public hearing, but merely advertise a public hearing on the subject matter -- Borton: Correct. Nary: -- and, then, decide at that point whether a change is necessary. Borton: Correct. Nary: That's what I thought. Borton: If there is going to be a change it's pretty minor to the existing language. Nary: Okay. That's what I thought. C. Community Development: Draft Ordinance Prohibiting Use of Compression Brakes within the City of Meridian Borton: This will come back. thanks, Genesis. Item 5-C, Community Development, draft ordinance on -- back with compression brakes. Nary: So, Mr. President, Members of the Council, I offered to present this, because it's really at the draft ordinance stage that's in your packet. You may recall a number of months ago we had a discussion with you regarding compression brakes and we had some people that had an interest in the Ten Mile-Chinden area about a compression brake ordinance and part of the conversation was that the ACHD will post in cities where there are compression brake ordinances a no compression brake use sign and the City of Meridian doesn't have one, so we didn't have a sign in the city. The sign is literally on the edge of the city on Chinden near Highway 16, but not within the city limits. So, we drafted this ordinance. We actually took it to the transportation commission. The chair, Mr. Ballard, of the commission works very heavily with the trucking industry, so he had some good insight and some good suggestions for the ordinance, which we have incorporated. There are two exclusions and those are really for public transit. So, we are talking about buses and things like that, as well as the Fire Department, because our fire engines -- all fire engines have compression brakes. So, we want to make sure that those two types of vehicles are excluded from this, but the ordinance is in front of you for your review. Again, we are -- if we want to schedule it for other public hearing or passage or both. We certainly can do that. Borton: Thanks, Bill. Council, any questions? Cavener: Mr. President? Borton: Mr. Cavener. Meridian City Council Meeting Agenda September 3, 2019 – Page 79 of 245 Meridian City Council Work Session August 27, 2019 Page 13 of 19 Cavener: And maybe this is for the public hearing, but as I recall from being at the Transportation Commission, it was pretty clear that we don't have the resources , nor the ability to enforce an ordinance like this. Get the sign up. You educate the public. But unless you have got an officer that's there that witnesses it that has nothing else on their plate for them to enforce, this -- this largely goes unenforced. I -- I think like all of us often weigh enabling or enacting new ordinances for the sake of doing it . I'm one that typically leans towards passing due to the public health benefit. I haven't heard yet what the public health benefit is. So, I'm -- I'm a little reluctant to head down this path, although we would at a public hearing have the opportunity to learn what, if any, public health benefit an ordinance like this has and maybe it would allow the chief or PD to come and provide testimony about their ability to enforce this. As I understand in a lot of municipalities that have this it either falls one of two categories. It's very very heavy-handed or it's not really addressed at all. So, I think those are some areas we should be concerned with. Bernt: Mr. President? Borton: Mr. Bernt. Bernt: If I'm remembering correctly, I think Chief Lavey in his testimony to us said that -- I think if I'm remembering correctly he wasn't in favor of it, because of the difficulty of, you know, managing it, you know. Cavener: Transportation or City Council. Bernt: Yeah. So, I think -- I think that Chief Lavey mentioned that he probably wasn't a big fan of this ordinance. Maybe he's changed his mind. Maybe he's a hundred percent behind it. Borton: And you're the Council direction if you want to see this to come back or just end it and move on. Bernt: Mr. President? Cavener: Just -- Bernt: Oh, sorry. Cavener: Mr. President. I believe because this came from our Transportation Commission it's worthy of landing on the public hearing. I'm not I don't think at this time in support of it, but I believe in trusting the process and allowing something that comes from our -- one of our commissions to land before the public for consideration . So, I'm -- I'm supportive on that aspect -- in that aspect. Borton: Any other direction up or down? Bring it back for a first reading and see what happens? It's drafted. Sound good? Meridian City Council Meeting Agenda September 3, 2019 – Page 80 of 245 Meridian City Council Work Session August 27, 2019 Page 14 of 19 Cavener: Mr. President? Borton: Yeah. Cavener: Even if we get a draft at a point in time that Transportation Commissioner Ballard is back in town -- I think he's out of town right now -- it might be beneficial to have someone from the Transportation Commission -- because it kind of just closes the loop on that entire process. Borton: At the first reading. Cavener: The first reading. Yeah. Milam: Mr. President? Borton: Yeah. Milam: We could ask our lieutenant in the room if he has an opinion on this either way. Ford: You know, I don't have a huge opinion on it. It's not something that we have got a lot of calls on for people in the community complaining about. It would be something that would be hard to enforce unless we focused on like a directed for a day in reference to it. But I know there hasn't been a lot of complaints from the community that I'm aware of in reference to the compression brakes. Nary: Mr. President? If I recall from Ted Baird from my office who is the one that staffs the Transportation Commission, I think the chair, Mr. Ballard, is out of the country I think almost the entire month of September. So, it maybe towards the end of September or the first of October if you're okay with that. But we would be happy to coordinate that with his schedule. D. Benefits Trust Agreement Discussion Borton: October it is. Any other questions for Council on this one? Okay. Thanks, Bill. Item 5-D. This is coming back to us. The benefit trust agreement discussion. In the packet the trust agreement and I believe the bylaws are uploaded for our review and, Bill, I think you're going to kick it off. Nary: Yes. Mr. President, Members of the Council, so what you have in front of you is two documents. One is seeking Council's approval and one is for all your information in regards to the -- the bylaws. So, the trust agreement is the founding document to establish the benefits trust that's necessary for the Department of Insurance to approve the city being a partially self -funded trust. The bylaws are the operating rules for the trustees and so the intent is with -- as you can imagine with a lot of these, the benefits trust agreement would likely be approved at -- approved and, then, not likely amended much. Again, it's supposed to be the founding document to begin a trust. The bylaws Meridian City Council Meeting Agenda September 3, 2019 – Page 81 of 245 Meridian City Council Work Session August 27, 2019 Page 15 of 19 may change as processes change or procedures change . We had one issue that was of concern to the Finance Department and we did reach out to our outside counsel Mr. West about it and part of it is is the current process for the city and how we fund benefits is done in a way that it's -- it's paid at the -- the employee pays at the end of the month and so the state requires that the payments be uploaded at the beginning of the month and the state, of course, is wanting to ensure that any trust that's out there has the financial capability to pay the claims that are going to be forthcoming and so that the -- so, I got an e-mail from Mr. Lavoie this afternoon saying, okay, now they understand that we will have to sit down and figure out how we are going to make that work, but we will -- we will figure out a way to make that work. It isn't the way we currently do things, but if we have to comply with the statute, we have to comply. So, the agreement -- I think our recommendation from outside counsel was the way it is currently draft ed in front of you is compliant with the state code and that is his recommendation is to move that forward and, like I said, we will work out the details with the Finance Department, anticipating at a future point there will probably come another agreement that will come in front of you between the benefits trust and the city for those services and how they are going to get done, completed and paid for, whatever -- how that's going to be done, so -- so, you probably will see something about the operational piece later, but this intent was simply to get the -- the basics of the agreement, the foundation of the benefits trust moving forward, so we can submit it to the Department of Insurance for their review. They have already -- they have already reviewed the trustees and this is another step in the chain . As with any agency of that size it does take a little bit of time , so we want to try to keep this moving as much as possible. So, we were asking for your approval of the trust agreement tonight. If you need some time to digest that -- I know I sent it to you I think last Thursday. Certainly one week won't really delay things, but we would like to keep this moving, so we can make sure this gets approved timely. Borton: Sure. Thanks, Bill. I saw Christena pop in the back. Did you have anything you wanted to add or comment on it? Okay. Any questions or concerns raised by any of the trustees about any of its language of either document? Nary: Mr. President, Members of the Council, great question. So, we -- actually, the four of us met with Mr. West. We had a few questions about some of the language and some of the way it was originally drafted, because he used sort of a model they have used before and so we tried to craft it and customize it to Meridian and so we had a -- he made all those changes that were requested, so they have been seen. This issue with Finance did come up in the Finance's review and so, again, we have to comply with state code, so we will work out those details and make that work. So, that isn't -- it isn't a hurdle that we think we can't overcome. Borton: Is it any potential change to the language that would come from Finance that necessitates us waiting a week and making sure that's totally buttoned up? Nary: So, Mr. President, Members of the Council, we actually asked Finance for language that would suit them. Unfortunately, that language would be noncompliant with the code. So, that's why I think Mr. Lavoie's view was we will figure that out. Well, we are going to Meridian City Council Meeting Agenda September 3, 2019 – Page 82 of 245 Meridian City Council Work Session August 27, 2019 Page 16 of 19 have to meet and figure that out, so we are going to have to do that, but it wouldn't be a change to the agreement, because the agreement has to comply with the statue. Borton: Council, any other further questions? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Mr. President, Mr. Nary, I was just kind of surprised in reading the trust membership regarding the term the trustees would serve until death, incapacity, dah, dah, dah, but nothing about leaving the city, because that seemed to be a major concern that it only be employees serving as trustees to start with. So, Section 2, 2.2. Cavener: Of the trust or of the bylaws? Little Roberts: Of the trust. Bylaws. Sorry. Nary: So, Mr. President, Members of the Council, Council Member Little Roberts, so we talked about that and we were looking at originally some trust agreements have terms, but Mr. West didn't recommend term periods, because, again, most of these are -- the same people tend to just do it until they don't want to do it anymore . We -- we can certainly add, if you prefer, resignation from the city. We presume, obviously, if they are resigning and they are not eligible any longer they are not eligible, so -- because they have to be part of the trust to be a trustee. So, they can't be a trustee -- in the trust if they are not an employee. But certainly if that would make you more comfortable we can ask him to add that addition, because we have, again, felt they weren't going to be a member of the city, they weren't eligible to be in it, so -- but we can add that. Borton: Good to clarify that. Little Roberts: Thank you. Borton: Couldn't hurt to add that. I think see Section 3 point -- Nary: 3.4. Borton: -- four of the trust, yeah, would cover that. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I did have a question -- Section 3.6 in the agreement to me appears to conflict with 2.4 in the bylaws. 3.6 says that a trustee can be removed from office by majority vote of the City Council. In the bylaws it says it is removed by a notice from the Mayor. Meridian City Council Meeting Agenda September 3, 2019 – Page 83 of 245 Meridian City Council Work Session August 27, 2019 Page 17 of 19 Nary: So, thank you. Thank you for pointing that out. So, the -- and what was the number of the bylaws? Cavener: Mr. President. Bill, it's 3.6 of the -- of the agreement to 2.4 in the bylaws. Nary: Mr. President, Members of the Council, Council Member Cavener, thank you for that catch. We had discussed that originally with Mr. West, because some benefit plans have that authority with the mayor. We suggested it should actually belong with the council. So, the agreement is correct, that's the intent was the council. So, I will ask him to change the bylaw one to reflect and they be the same. We felt that since the Council's approving the trust, approving the agreement, approve the original trustees and any subsequent trustees, that it would be the same reason for removal, that it would all flow through the City Council, not the Mayor. So, we will fix that. It was just an oversight, because I know we talked about it with him. Cavener: Mr. President. An additional question, more just about process. In the bylaws it talks about that these are public meetings, so my assumption is we would post them like we would post any other commission, committee meeting that we have here at City Hall. Nary: Yes, but, Mr. President, Council Member Cavener, they are -- they do fall under the open meeting law. Borton: Any other questions, Council? Bill, one question on the t rust agreement, Section 4.2, references the amendment process where the trust and -- the agreement can be amended by the trustees, as opposed to by the Council. Nary: So, Mr. President, Members of the Council, I don't recall us discussing that, so what I think would make more sense is it would be, then, with approval of City Council, because, again, every amendment to the agreement I think would come back to the City Council. The intention of the bylaws was to have the trustees manage that piece of the agreement itself, which, again, is the foundation of the -- of the benefits trust itself I think should have to come back to the Council. So, we could definitely amend 4.2. Borton: Any other questions of counsel? Good work by the crew getting this put together. This is a lot of structure and bones to make this thing successful. Bernt: Almost there. Borton: Would it make sense, Bill, that with these changes to have it come back on September 4th? Nary: Yeah. Mr. President, that was our intent. We would bring it back next Tuesday. Borton: Okay. Allow it to kind of be cleaned up and make those few corrections. Okay. Great. Any other questions, Council, on language, operations? Meridian City Council Meeting Agenda September 3, 2019 – Page 84 of 245 Meridian City Council Work Session August 27, 2019 Page 18 of 19 Cavener: Good work. Appreciate bringing this back to us. Borton: Great. Nary: Thank you. Borton: Thanks, Bill. Thanks, Christena. December 4th. 3rd? 3rd. Perfect. Item 6: 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 litigate Borton: That's the end of the work session agenda. We have an Executive Session. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move that we go into Executive Session per Idaho State Code 74-206(1)(d) and (1)(f). Milam: Second. Borton: It's been moved and seconded to go into Executive Session as stated. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:09 p.m. to 5:35 p.m.) Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we come out of Executive Session. Milam: Second. Borton: It's been moved and seconded to come out of Executive Session. All those in favor say aye. Meridian City Council Meeting Agenda September 3, 2019 – Page 85 of 245 Meridian City Council Work Session August 27, 2019 Page 19 of 19 MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adjourn our work session. Milam: Second. Borton: Moved and seconded to adjourn. All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. 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