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HomeMy WebLinkAbout2019-11-06 Work SessionMeridian City Council Work Session November 6, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Wednesday, November 6, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Members Absent: Joe Borton. Also Present: Chris Johnson, Bill Nary, Clint Dolsby, Caleb Hood, Brian Caldwell, Mark Niemeyer, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll Call. A. Meridian City Council X__ Anne Little Roberts _ _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. Well, I will go ahead and get our work session started. Thank you all for joining us. For the record it is Wednesday. It is Wednesday, November 6th. It's 4:30. We will start with roll call attendance. Item 2: Adoption of Agenda De Weerd: Okay. Item 2 is adoption of the agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve the agenda as presented. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as presented. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] Meridian City Council Meeting Agenda November 19, 2019 – Page 5 of 301 Meridian City Council Work Session November 6, 2019 Page 2 of 28 A. Approve Minutes of October 22, 2019. City Council Work Session B. Approve Minutes of October 22, 2019, City Council Regular Meeting C. Final Plat for Entrata Farms No. 2 (H-2019-0113) by FIG Villageat Parkside, LLC, Located at 3882 W. Franklin Rd. D. Final Plat for Razzberry Point Villas (H-2019-0114) by Integrity Partners, LLC, Located at 1434 and 1492 E. Star Dr. E. Final Plat for Shelburne East No. 1 (H-2019-0077) by Shelburne Properties, LLC, Located at 4080, 4115, and 205 E. Bott Ln. F. Final Plat for Shelburne East No. 2 (H-2019-0078) by Shelburne Properties, LLC, Located at 4115 E. Bott Ln. G. Final Plat for Shelburne East No. 3 (H-2019-0079) by Shelburne Properties, LLC, Located at 4330 and 4301 E. Bott Ln. H. Final Order for Gander Creek South Subdivision No. 1 (H-2019- 0108) by Trilogy Idaho, Generally Located Southwest of the N. McDermott Rd./W. McMillan Rd. Intersection I. Final Order for Little Creek No. 2 (H-2019-0103) by JUB Engineers, Located at 1440 N. Locust Grove Rd. J. Final Order for Summerwood (H-2019-0093) by WHPacific, Inc., Located at 4202 & 4052 W. Daphne St. K. Findings of Fact, Conclusions of Law for Idaho Fine Arts Academy (H-2019-0088) by West Ada School District, Located at 91 E. Central Dr. L. Findings of Fact, Conclusions of Law for Nick Estates (H-2019- 0086) by Nick Shearer, Located at 1180 N. Ten Mile Rd. M. Findings of Fact, Conclusions of Law for Victory Commons (H-2019-0091) by BVA Development, LLC, Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. N. Fiscal Year 2019 Community Development Block Grant Budget Amendment Meridian City Council Meeting Agenda November 19, 2019 – Page 6 of 301 Meridian City Council Work Session November 6, 2019 Page 3 of 28 O. Development Agreement for Stapleton Subdivision (H-2018- 0129) with C4 Land, LLC (Owner) and C17, LLC (Developer), Located at 4435 S. Meridian Rd. P. City of Meridian Employee Benefits Trust Agreement & By-Laws Q. Interagency Governmental Agreement for Waiver of Costs and Fees Between West Ada School District and City of Meridian R. Interagency Agreement Between Ada County Highway District And City Of Meridian For Water and Sewer Improvements for Linder Rd. and Franklin Rd. to Pine Ave. ACHD Project No. 516019. S. Cost Share Permit with the Ada County Highway District for the Linder Road, Franklin Road to Pine Avenue Project T. Master Agreement for Professional Services: Park Identities Public Art Roster Between Ken McCall and the City of Meridian U. Oaks Lift Station Pump Upgrades Reimbursement Agreement for Infrastructure Enhancement between the West Ada School District and the City of Meridian V. Termination and Release of Impact Fee Deferral Agreement - Compass W. Termination and Release of Impact Fee Deferral Agreement - Magellan X. Acceptance Agreement for Display of Artwork in Initial Point Gallery for David Dillon and Friends 1. David Dillon 2. Joan Frey 3. Cathy G. Anderson 4. Judy Holsclaw 5. Victoria Mundy 6. Mareth Warren 7. Margaret A. Thomas 8. Nancy Inaba 9. Zona S. O'Neal 10. Melisa Pearson Y. Traffic Box Community Art Project Artwork License Agreement for Anita Lawson Meridian City Council Meeting Agenda November 19, 2019 – Page 7 of 301 Meridian City Council Work Session November 6, 2019 Page 4 of 28 Z. Approval of Change Order No. 11 to JC Constructors, Inc. for the WRRF Liquid Stream Capacity Expansion Project for a Not- To Exceed amount of $441,997.03. AA. Resolution No. 19-2170: A Resolution Vacating a 20’x20’ Existing Water and Sewer Easement Located Near the NE Corner of Lot 7, Block 2 and the NW Corner of Lot 8, Block 2 of Gramercy Subdivision No. 1 as filed in Book 99 of Plats At Pages 12,619 Through 12,622, Records of Ada County, Idaho Located in the NW of the NE ¼ of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho. AB. Resolution 19-2171: A Resolution Updating the City of Meridian Public Meeting Space Reservation Policy and Regulations; And Providing An Effective Date. AC. AP Invoices for Payment - 10/25/19 - Special - $132,675.41 AD. AP Invoices for Payment - 10/29/19 - Special - $8,537.84 AE. AP Invoices for Payment - 10/30/19 - $1,340,010.50 AF. AP Invoices for Payment - 10/31/19 - Special - $121,005.25 AG. AP Invoices for Payment - 11/06/19 - $490,981.11 De Weerd: Item 3 is the Consent Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor, I move we approve the Consent Agenda as presented. For the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: Okay. All ayes. Meridian City Council Meeting Agenda November 19, 2019 – Page 8 of 301 Meridian City Council Work Session November 6, 2019 Page 5 of 28 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Items Moved From the Consent Agenda De Weerd: There were no item moved from the Consent Agenda. Item 5: Department / Commission Reports A. Fire Department Report: Approval of Change Order for Four Fold Doors for Fire Station 6 De Weerd: So, we will move to Item 5-A, which is our Fire Department change order request. Niemeyer: Madam Mayor, Council, good afternoon. Hopefully you got the e-mail that I did send out -- Milam: What? Niemeyer: -- I believe about a week ago. To give a little bit of explanation on why I'm here tonight, this is a change order request for Fire Station No. 6 for the front bay or front garage doors. If you recall when we went through the process of developing a budget, we weren't ready to say that's what we wanted yet, because we felt like more research was needed and so we have conducted that. We have gone to a station that has these doors to look at the mechanisms, look at the opening. Just briefly, the doors open in seven seconds, as opposed to the standard kind of 15 to 20 of our existing doors. These doors don't have springs. Currently we, twice a year, have someone come in and adjust the springs on our garage doors. These don't have springs, they have a gear mechanism. They do fold open horizontally, not vertically, which is a challenge for some of our folks. As that door goes up and it goes beyond the windshield, you don't know how far up it is and so if you think about the stuff on the back of a fire engine that sits higher than your cab, that can be an issue as far as going out the door. The other -- the other feature that we think is very applicable that we like is the manual mechanism. So, if for some reason the electricity goes out at our station we do have a generator that takes a little while to kick in. The mechanism on these doors is simply a pull chain, you open the doors. Right now at our current stations with those front bay doors you have to get up on top, pull the cord, and, then, chain it open, which takes a lot longer to do. So, happy to answer any questions that you may have. De Weerd: Thank you, chief. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda November 19, 2019 – Page 9 of 301 Meridian City Council Work Session November 6, 2019 Page 6 of 28 Little Roberts: Hearing none, I would like to make a motion that we approve the chain order for the fourfold doors for Fire Station 6. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Niemeyer: Thank you. B. Community Development: Shared Vehicles Update and Next Steps De Weerd: Thank you. Item 5-B is under our Community Development and it's a discussion about shared vehicle update and possible next steps. Nary: So, Madam Mayor, I think Mr. Hood is the one that's going to present this, so he might be in route from his office. De Weerd: Okay. Well, he probably thought there would be a lot more dialogue and giving a hard time to the chief and so wasn't anticipating that. From a legal perspective how are things going? Nary: So, Madam Mayor, Members of the Council, I was in a meeting this week and did go to the Transportation Commission for some feedback as well. A couple of things that -- that Caleb will share with you, we did get data in October from the -- from the provider, from Bird. They have never fully deployed the number of scooters in the city that they had committed to. We haven't reached out to them to find out why that is, so that's a question I think for the Council discussion. We have had very few complaints. Mr. Hood is the one that receives the complaints, he is the connection for that, but we see very few. There has been pretty good usage in the parks, so we haven't had a concern from the Parks Department about usage. There are some speed controls that occur and such. So, some of that's been okay. Here is Mr. Hood. So, we haven't had a lot of complaints, so I mean if one metric is that, that's been a very positive thing that we haven't had a lot of public issues or concerns that have been raised to the city directly. Not a lot of issues from police that we have been made aware of. So, again, I can turn it over Mr. Hood, but that's where I know we are at this point is not a lot of complaints and kind of wanting to seek direction on where do we go next with -- the internal group we had some recommendations, but I don't want to steal Mr. Hood's thunder, so -- Meridian City Council Meeting Agenda November 19, 2019 – Page 10 of 301 Meridian City Council Work Session November 6, 2019 Page 7 of 28 De Weerd: Thank you, Mr. Nary. Hello, Caleb. Hood: Madam Mayor, Council, sorry I was late there. We were having a kickoff meeting to discuss the Ten Mile Village-downtown bus route and lost track of time there, so my apologies. Thank you, Mr. Nary, for covering. So -- and, I'm sorry, I hope this isn't too repetitive to what -- what Bill just mentioned, but I'm here today to kind of give you an update as we prepare to look at the next year of service for shared vehicles in Meridian. The contract with Bird Rides, Inc., expires at the end of the year and we wanted to explore with you a couple of options as we look into -- to calendar year 2020. Before talking about next year, though, I wanted to give you just a quick update and when I walked in I heard Mr. Nary, you know, kind of summarizing from staff's perspective how well it's gone, the issues we have had, and there have been some, but it hasn't maybe been as robust as -- as we would have thought going into this program. I think I would credit a lot of that to the work that staff did before launch in preparing the terms of the franchise agreement in coordinating all the departments to come together to put -- to put up an FAQ on our website, to have ready for the various departments at City Hall when someone comes and has a complaint or a concern about these, to document it in a database. So, with IT's help we have set up both that website FAQs and an internal flowchart was developed and training giving -- given to city staff, including some of the volunteers -- or through the volunteers if there were complaints about that to document it, so we understand how much time is being spent dealing with this and where those issues were. So, I will share with you in a minute some of those -- those numbers from our CRM -- CRM database and what we have tracked to date. The one note I will mention is that -- that the Police Department, if there were any crashes, they have their own database. They aren't using this. I'm not aware, though, of any -- in Meridian anyways -- crashes with -- with e- scooters. So, we have been -- and we have been talking about this, again, with key department staff anyways about this program. The clerk has pulled up, thank you, Chris, numbers for the first two months. So, Bird was authorized to deploy 1st of August. So, what you see on the screen now is what they shared with me last month for August and I have September as well. You can see -- and it's pretty self explanatory, but broken down into weeks and some of the weeks aren't a full seven days, like that first week, 8/1 to 8/4, you can see the number of scooters deployed and, then, how many trips taken. What I don't know is if that 1,317 number, the total monthly riders, if those are unique users or if that was the same -- you know, maybe there is 800 users in there and some of them are multiple users or if those are all different people or if that's -- yeah. So, I just don't know how -- how that's reported. So, I got to understand from them a little bit more what that 1,317 users actually means, if those are, again, unique users. I think we will just jump to September real quick. The real, real similar numbers, you can see deployment does kind of vary a little bit as far as numbers of scooters and I will just note the interagency agreement right now does say they will deploy at least a minimum of a hundred. So, they are technically in violation of our interagency agreement. I have not contacted them and said, hey, you need to put more of these on the street. I figured they are a private business, I realize that they are in violation, but I'm not going to say go put more out there. They are going to put -- if they thought people would ride them they are going to deploy more. They could put up to 150 and they aren't. That's in my discretion, though, but, yeah, there you see the numbers. They are even half of what their agreement said they Meridian City Council Meeting Agenda November 19, 2019 – Page 11 of 301 Meridian City Council Work Session November 6, 2019 Page 8 of 28 would deploy as a minimum. I see that getting potentially even lower as we get into colder weather. I don't know that. So, just something to consider. And that kind of leads me in -- well, first, let's talk about the -- the database. So, I did pull the numbers this afternoon in our CRM database. There are nine cases in there. IT set up for us five different options to classify. When someone calls the Clerk's Office or Planning or Public Works or whoever to complain, you can either drop down -- was it a collision or is it a disabled scooter? Was there a nuisance issue? Was it a parking issue? Or other. So, those are the five categories that we are tracking these under. Under the collisions, again, we have zero. I have zero collisions in the database. I have also had zero under the disabled category. We have had two nuisance complaints. Again, this is documented in the -- in the database. There may have been more, but those are the ones that are documented. Five parking complaints and two other complaints, with about an hour and a half of staff time spent on those nine cases in total. But, again, that isn't all of the time staff has spent, it's just been dealing with complaints. We are coordinating and discussing how can we make this better before the rollout and even answer -- getting -- you know, just trying to get up to speed for this next year and understanding what's -- maybe what our recommendation is going to be to all to look forward for the next year. So, with that we have had two meetings this past -- this past month and a meeting with Parks and Finance and Legal, Public Works, Planning. We would really like to see a full year's worth of data to understand maybe what -- and maybe have a ramp up and a ramp down provision in this agreement. So, looking at maybe doing another 12 months with Bird. The consensus was at that meeting -- they have been pretty responsive. It's worked pretty well. Again, we don't -- at the beginning of this we didn't define what success looks like. What are we really trying to accomplish as the city. So, for -- for us to answer that it was really tough. Like is it our job to push more rides? Like there is really no incentive from city staff or the city's perspective, we don't get -- we talked about the pricing structure, right, and you could have done that, but we didn't. So, really, there is no incentive for us to make this successful as a -- as an organization. Now, do we want them to be -- sure, we wish them success, but are we supposed to dedicate time to making them successful? Anyways -- but that being said, it's been relatively, you know, an hour and a half, a couple few hours of staff time. It hasn't been burdensome. So, I think it's -- I think what we came to consensus earlier this week was we would recommend -- our recommendation to Council would be to do another 12 months with Bird, collect the full year's worth of data and, then, figure out maybe what we can change and tweak going forward. Maybe that's going out for RFP again the year after with multiple vendors. But it seemed to -- and I don't want to say this -- it's worked well, because you just saw the ridership numbers and they aren't high. So, I don't know that anyone will say it's been a successful program. I -- that's a stretch, so don't mishear me, I'm not saying that, but if we were -- all of a concern on our side was about, oh, we are going to be spending hours and days dealing with complaints on this and it just hasn't turned out to be the case. But, again, to be fair it was August, September to date. So, there really hasn't been a big sample size of time and data collection, so -- but we will take your direction, that's why it's on this workshop, is to gear up for December, January, when -- when there is a new contract and just wanted to share that -- the information we have to date and what we have been talking about as staff. Again, my apologies for being late to this meeting and I will stand for any questions you may have. Meridian City Council Meeting Agenda November 19, 2019 – Page 12 of 301 Meridian City Council Work Session November 6, 2019 Page 9 of 28 De Weerd: Thank you, Caleb. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Caleb, I think it's a good idea to -- to try to get a year's worth of data, especially with seasonal issues that will be -- that will affect them there. However, I think the major purpose of the data -- of getting that year's worth of data is to determine what issues we might run into with multiple vendors -- vendors and a lot more scooters. There is no way we are going to be able to determine that with a third to half of the scooters that we required as a minimum out there. So, I think to be able to get effective data to be able to make all those proper decisions a year from now, that Council will probably be served better having more units out there. My hope would be to, you know, try to enforce that minimum number a little bit better and see, then, what might happen. Bernt: Madam Mayor? Milam: Madam Mayor? Oh. De Weerd: Caleb, I -- just a quick question to build off of that. How can you encourage them to meet their minimum numbers? I imagine they have pulled them back because they are getting very low ridership. Hood: Yeah. Madam Mayor, I -- the -- the terms of that would be we would basically tell them that they are in violation and they need to comply with that or they would be in violation of our agreement, our contract with them, so -- and I think they probably would deploy more if we just asked them to. Again, they could put them out there. I don't know what they would do to actually encourage more ridership or what we could even do to maybe help them do that, but I haven't put them on notice that we know that they are in violation. I could do that and just ask them to come into compliance. De Weerd: Well, I guess one question to at least ask them is how -- what efforts are they doing to build ridership, you know, how are they out there encouraging people to even use the scooters is the thought. Hood: I can ask them. De Weerd: I'm sorry, Genesis or -- who -- Milam: Go ahead. De Weerd: Mr. Cavener. Cavener: Madam Mayor, if these aren't being used, I don't love the idea of doubling the amount of unused scooters in Meridian. Meridian City Council Meeting Agenda November 19, 2019 – Page 13 of 301 Meridian City Council Work Session November 6, 2019 Page 10 of 28 Bernt: I agree. Cavener: That said, I think we established a process that we would open it back up right at the end of the year. This information I assume that Caleb has provided us is a public document. If any other vendor wants to present or submit, they are going to see there is not a lot of ridership in Meridian. If they see it and they think they have got a better mousetrap, to Madam Mayor's point of -- to incentivize ridership, I think that's why we have said let's have multiple vendors, so I'm not sold on -- let's not invite anybody in and I'm not super sold on let's have another vendor and I think it's at least going through the process that we outlined to at least invite vendors the opportunity to submit and go through the process and render a decision. I don't love the idea of doubling the amount of unused scooters in Meridian. Bernt: Madam -- oh. You want to go? Milam: It's all right. Bernt: Okay. So, these -- this -- this data didn't surprise me at all, actually. This is exactly what I expected. As a -- as a business owner I certainly wouldn't want to be told how many scooters I would -- you know, I think on the lines of Councilman Cavener, I wouldn't want to be told how many scooters were being -- or I should -- you know, should be deployed, knowing that ridership is so low. I just don't know if that makes a whole lot of sense. I -- the data speaks. It is black and white. Not -- not a whole lot of wiggle room. So, see what happens in the next couple of months and we will have some serious discussions in November it sounds like. Or December. De Weerd: Mrs. Milam. I'm sorry. Milam: So, yeah, I'm really along the same lines. First of all, maybe the reason we haven't had a lot of complaints is because we haven't had a lot of scooters out there and so doubling the amount of scooters that are parked on the sidewalks could just, you know, magnify the number of complaints and like you said, Caleb, this is a private enterprise. If -- you know, it's -- and it's a cart and the horse. Are they -- is there not a lot of ridership because there is not a lot of scooters or is there not a lot of scooters because there is not a lot of ridership and, then, that's not our problem I think to define. We are -- we have an agreement with them to allow their business to park on our -- on our sidewalks and in the parks and -- and to do business here, but it's not for us to dictate how, I don't believe, if -- if their scooters are better used somewhere else and then clogging up our streets, I'm okay with that. I also agree that if somebody else wants to come in and they think that they have a better model or some better marketing that they are going to do and they think their ridership will be better and improve the scooter usage, I'm okay with that. But I don't -- yeah, I don't think that it's -- I would not be in favor of mandating them to, you know, double the amount of scooters they have out there. Little Roberts: Madam Mayor? Meridian City Council Meeting Agenda November 19, 2019 – Page 14 of 301 Meridian City Council Work Session November 6, 2019 Page 11 of 28 De Weerd: Mrs. Little Roberts. Little Roberts: I tend to agree -- I'm not big on requiring that we make them put more out if they are not in use. It seems from watching the numbers that when they are -- there is more demand they are putting more scooters out and my question, Caleb, would be are they in any -- is their thought process that maybe this isn't working for them and they are not going to look at doing another year? Hood: So, Madam Mayor, I have not asked them -- Arthur that question. He has been very responsive in the handful of times that I had to communicate with him over the past -- since August. He's been very -- very responsive. But I have not asked him that question, hey, with these numbers are you guys interested in doing year two. I can ask him that. I -- again, just -- we haven't had those conversations. Our conversations have been, hey, can you correct this, I got a complaint, can you get this taken care of, not can you share with us what your -- what your -- what your plans are for -- for next year, so -- but that said, I will reach out to him and kind of just touch base with him, see what efforts they are doing -- not require them to deploy more, but just say, hey, are you -- is that in the works, is that something -- are you trying to be successful in Meridian and, if so, maybe there is something I can do to help. I can't spend a whole bunch of time with them, but if there is things that they think we can even do to sort of get it off the ground -- I mean we do -- well, I don't want to speak for everybody. I think these could be of benefit to our community. You know, first and last mile things. You know, short trips instead of having to use the automobile. But, again, they can't just rely on the city to make it go. So, I will have some of those conversations. What can we do in the last couple of months, even though snow is probably going to start flying soon, what -- what, if anything, can we do to see if we can work these last couple months and -- and improve rides or ridership or use or whatever. So, maybe it's infrastructure concerns, too. I -- we just haven't had really any of those -- I haven't had any of those conversations with him. He hasn't reached out to me either to have that conversation. But I will engage a little bit more. Little Roberts: Thank you. It just seemed like they were hitting -- falling so far from their mark that they might not even be interested in continuing this, but I do think we should open it up to anyone that thinks they could do a better job and might get more ridership. De Weerd: So, I guess, Caleb, if you can come back after you have had a chance to talk to Arthur and -- and see what some of their impressions have been and you can come back and update the Council, continue this conversation. Hood: Madam Mayor, I will do that. Just before we move on, should we, though, also begin to prepare -- I mean just from the spokes, it sounds like we are going to go out for an RFP more than likely, though, later this year. I mean that's going to take some time to dust that off and make sure it's current. You know, we did talk about that, too, as staff, if that was the desire of the Council, remove the exclusive clause or at least the confusion about, you know, who can apply and that we can have multiple vendors potentially, but at least move that direction. No decision has been made, but should we -- at least that level of effort to put together a draft RFP as well and prepare -- again, we are in November, so Meridian City Council Meeting Agenda November 19, 2019 – Page 15 of 301 Meridian City Council Work Session November 6, 2019 Page 12 of 28 we don't have a whole lot of time to move on this and get requests if we are going to be ready to go in January. De Weerd: It would be interesting if the -- if more companies reply, then, there is an interest to see if there is a market here. If -- if they don't maybe they take what Bird has done so far and said it won't work in -- in our kind of community, so -- Hood: I will -- so, I will talk to Arthur. I will also follow up -- I will just also throw it out there -- I mean this was a pilot and I'm not advocating for this, but we don't have to do anything in 2020. You know, I could talk to him and he would say, you know, yeah, it didn't work for us, good luck to somebody else, and come back to you and we could still go out for RFP, but we don't have to have a service -- shared vehicle service provider. I mean that's not a requirement, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, are you talking about if -- if Bird decides they don't want to provide the service in Meridian? Hood: So, Madam Mayor, I wasn't trying to imply if Bird says they aren't interested we might not go out for RFP and see if someone else is, but just, irregardless, you could make the decision we are done with this, we have got enough data -- the two, three months data is enough, just -- it's not -- this -- our community is not set up for it and you could make that decision. We don't have to have a service provider. Milam: Madam Mayor, follow up. Well, I wouldn't be for that. I think that -- I wouldn't -- I mean I wouldn't be ready to tell Bird, thanks, but no thanks. So, we -- because of the low amount of complaints that we have had. But I do think we should go out for an RFP and see if there is any other interest. It might be is -- is it -- is the number -- the minimum number included in the RFP? Maybe that should come out. That would be my suggestion. Maybe not have that -- maybe that's not necessary to be part of it, since we are not really requiring that at this point. De Weerd: Okay. Any other comments? Okay. Keith, do you want to come up to the microphone. Watts: I was just discussing, you know, when we do go out for an RFP we probably want to have at least -- if we remove that minimum we still would probably want a maximum. I mean we have to put some parameters in our RFP so they understand what they are going to be proposing against. So, I think we need to have some type of information in -- and we probably, even though we are winding down, I mean I don't know if we should do a contract amendment, but if we are not going to hold them to the contract they currently have, I would rather amend that contract. I don't want to sit -- I don't have a contract that we are not maintaining with our vendor or allowing them to violate or not Meridian City Council Meeting Agenda November 19, 2019 – Page 16 of 301 Meridian City Council Work Session November 6, 2019 Page 13 of 28 fulfill the requirement. So, I think it would be best, even when we go out for an RFP and contract with somebody in the future, we want to show that we keep our vendors to our contracts. De Weerd: Well, it doesn't sound like anyone has an issue removing the minimum. Watts: Okay. Palmer: Madam Mayor? Cavener: Mr. Bernt. De Weerd: Sorry. Mr. Palmer. Palmer: I feel like this was a major point of the discussion last time and, then, it was as if it never happened. But the conversation was up to two, instead of exclusive, which I think would be an appropriate move from where we are at now up to two and, then, that way when -- no matter how many apply, one or two, is the decision. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess my only caution about removing any type of a minimum is that would, essentially, allow something I think this Council contemplated is awarding a contract to somebody who never actually deploys and so, again, I trust staff -- look at the numbers, come up with a number that you think is in line with what we have seen in kind of these low turnout months, so that the vendor is at least obligated to fulfill -- and you could say I didn't -- I'm not required to deploy any, so we didn't, which to me, then, kind of fails to achieve what we had at least intended. I think we spent a lot of time contemplating. We spent a lot of time talking scooters in 2019 and so -- Watts: Just -- just to throw something out there. So, if we -- if the number was a hundred, if you say, you know, that was the average, if you put a minimum of a hundred for two, then, you have 200 out there, do you want 200 out there? I just want to know exactly what you're expecting from us, so we -- Cavener: Madam Mayor? Sorry. Caleb had a number that was on one of the charts that was showing us what we had. I would say whatever that lowest number is rounded up -- 50. So, a minimum of 50. I mean if that's a 50 from each vendor, I'm good with that -- Watts: Okay. Cavener: -- Council is amenable. Watts: Thank you. Meridian City Council Meeting Agenda November 19, 2019 – Page 17 of 301 Meridian City Council Work Session November 6, 2019 Page 14 of 28 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Then I guess we need to amend -- obviously amend the contract we have with Bird to 50, if that's what we are going to do and, then, hold them to it if they fall below that. Watts: Okay. Hood: So, Madam Mayor, my -- what I was going to do is first talk to Arthur and say which -- which would you rather -- do you want to -- do you think you can make a hundred work and be in -- consistent with our current contract, because, if so, let's do that, that's maybe easier than amending the contract, but if it's, yeah, we will throw 50 more out there, but they are just going to lay around, then, I would say let's just amend the contract. I don't want to clutter the streets, but what can we do to get you to put a hundred out that will be used, you know. Milam: Madam Mayor? De Weerd: How do we even know how many they have out until they report it a month later. Hood: It is in arrears. It is in arrears. So, I don't -- I can't imagine today, though, Madam Mayor, they are putting out more than they were in September when the weather was nicer. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The -- the problem that I have with that, Caleb, is if the hundred are being used and we are putting out an RFP and say we take on another vendor and we are going to require the same -- the same standards, so their minimum is going to be a hundred, which means we are going to have 200 out there and if only 40 or 50 are being ridden, it is just cluttering the streets. So, I would be for -- because it's a business they are going to put out as many as they can get ridden -- the maximum is not 50, it's the minimum of 50, so I would -- I'm for lowering the minimum to 50 for each vendor and, obviously, if they are going to get more ridership they are going to put more scooters out and they can still put whatever -- what was the maximum? Hood: Up to 500 is what we allow. Milam: Yeah. So, I would rather let them and their business model dictate how many they put out personally. Meridian City Council Meeting Agenda November 19, 2019 – Page 18 of 301 Meridian City Council Work Session November 6, 2019 Page 15 of 28 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Caleb, do you have all your questions answered? What about you? We are good. Move on. Hood: Thank you. De Weerd: I think that that means bring back an amendment to 50 and -- and that's what you consider in bringing a draft back to Council in terms of going out with an RFP and seeing what Council says at that time. C. City Council Discussion: Parking Standards Update De Weerd: Item 5-C is a City Council Discussion that will be led by Mr. Cavener. Cavener: Thank you, Madam Mayor, Council. I will just sit here if it's -- if it's all the same. But this is just a continuation of a -- of a past conversation. You should all have in front of you a draft ordinance. I know Rich is here from Code Enforcement to address some of the questions that came up in terms of what enforcement would look like should this be passed. I think this is just an opportunity for Council to review and if Council still is supportive of moving forward, then, we get this scheduled for a public hearing. But I think it's important before we do that, that you have had the opportunity to hear from -- from Rich and the concerns in terms of enforcement and what staffing would look like. So, I will turn it over to Rich to be able to address his presentation and, then, we can discuss from there. De Weerd: Hi, Rich. Everett: Hi, Madam Mayor, Members of Council. Thanks for having me. Appreciate the opportunity to come and talk. Mr. Cavener and I have had the opportunity to sit down and discuss this issue at length and it's just a great opportunity for me to be able to stand before you and have you understand just the workflow that goes into the current enforcement of the current UDC section and, then, what it might entail if you were to move forward with the amendment. Hopefully that will give you a basis for understanding when you make your decision. So, currently with the way the parking standards are set forth in the Unified Development Code, we receive a complaint of a prohibited vehicle being stored on private property. The officer will respond and verify whether or not there is a violation. They will document that violation through photographs and a short report and, then, we will make contact with that property owner and educate them as to what the requirements are in the UDC and, then, set a reasonable compliance date to have them come into compliance. Just like all of our approach, we are educating before we are taking any enforcement and most times it's -- all it takes is education and, then, the folks come into compliance. After that compliance date expires the officer would return for the second time and if the violation had been remedied the case is closed. If it's not remedied, Meridian City Council Meeting Agenda November 19, 2019 – Page 19 of 301 Meridian City Council Work Session November 6, 2019 Page 16 of 28 then, a formal notice of violation letter will be served to the property owner and, then, it would advise them that they could be subject to prosecution if they didn't come into compliance and, then, we would move forward with prosecution at the last resort if they didn't come into compliance. So, we have two visits, one to verify and educate and, then, two, to confirm the violation still exists or it's been remedied. If you choose to move forward with the amendment as proposed, it's going to require a significant increase in the amount of work put in by -- by folks to document it. The complaint would come in, the officer would go to the property and verify that a violation existed and he would have to document that the vehicle is there. If we have a time limit that a specific vehicle is allowed to be there, we are going to have to somehow mark that vehicle to start the talk -- to start the time, to start the clock ticking, so if we have a 72 hour window allowed, somehow we are going to have to document that vehicle. Right now when we document a vehicle's position and location on public property it's super easy we move up to the vehicle we are able to mark the vehicle or mark the street around it to physically place that vehicle at a documented location. We can't do that on private property on a driveway. We all have rights to be secure in our property and we can't have a government official walking onto your driveway to start marking your vehicle or marking your driveway to start that documentation purpose, because movement is the number one thing in enforcing these vehicles if they are there for a certain duration. Movement, however slight, whether it be an inch or not, is movement and, then, that time window would start. So, we have the hurdle of not being able to readily document the vehicles. We could document the vehicles through photographs, which we were successfully able to do in a lot of cases, but those photographs had to be very specific and taken in a way that we can reference a very specific landmark and part of that vehicle and that's not always feasible from the street if it's in someone's driveway, visual obstructions and things of that nature. So, we have the documentation difficulty. Then if we did find that the vehicle there could be in violation, because it wouldn't be in violation upon our arrival, because it's allowed to be there for the time period, we would go and contact the property owner and advise them that they may be in violation and as you can imagine that's -- that's not a comfortable conversation when you have to go tell someone you might be in violation, because the -- the return from our residents are why are you bothering me if I only might be in violation. You're bothering me at home. So, we would give them that you might be in violation and, then, return after 72 hours to see if it actually were in violation and, then, at that 72 hour mark we are stuck with documenting or referencing the documentation we may have been able to get to document the location of the vehicle. If we have a photograph that it's undeniable, I can say that the placement of the valve stem on the front tire was pointed at 12:00 noon and it's still pointed at 12:00 noon and it looks to be in the same location and I can reasonably believe they are in violation, then, we can move forward with enforcement. The chances of that happening are -- are very slim as far as being able to prove that level of belief on every one of them. We don't have the manpower to surveil, nor would we for this type of violation, a property for 72 hours to see if a vehicle moved. And, then, we run into the problem of if the vehicle is there for the 72 hours, but it did move an inch or so and the clock had to start over, we have a public perception issue of I have complained about this vehicle time and time and time again and you are not doing anything, when, in actuality, the person's in compliance, because they moved the vehicle. So, we have a few things that we would have to work around if we chose to -- or if you Meridian City Council Meeting Agenda November 19, 2019 – Page 20 of 301 Meridian City Council Work Session November 6, 2019 Page 17 of 28 chose to move forward on it. The way it currently sits, just the mere presence of a prohibited vehicle is a violation. There is no time limit. There is no waiting to see if it would turn into a violation. So, it's readily identifiable. We usually have two visits. Approach, educate, come back, close the case and it's done and the complainants, when they make that complaint, they see results. With the new amendments vehicles would be conditionally allowed, so that conditionally allow just creates a pretty significant gray area that's hard for us to identify without extensive work and, then, we have this situation where we would require continual contact -- re-contact with the property owner and it almost becomes somewhat of a form of that annoyance by us, the government official, coming and talking to them on a weekly, if not, you know, a couple times a week basis and so that it just really -- really weakens how the public views us as their servants if we are making that approach all the time and, then, back to the perception. Just nothing's getting done is how it's perceived. And, then, putting that additional workload on my folks is -- is concerning to me just in the fact that we have had a significant increase in work in the last year, over 36 percent increase in the amount of work we are doing with the same amount of people and we are on track to surpass that. So, it makes it tough to be able to put in the work necessary to enforce the new ordinance if it were passed in that way. So, I could stand for any questions you guys might have about it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Rich, how many cases a year are you dealing with this right now? Everett: Dealing with parking standards? Cavener: Yeah. People -- yeah. Everett; I couldn't -- I couldn't answer it specifically. Six thousand cases overall across the year for five officers to handle. But this specifically -- I can't speak to the number, but I can tell you it's probably the most contentious thing that we deal with, but I can't give you a number of how many we deal with. Cavener: Thanks. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: And of those people that you visit when you go back for the second visit how would you say that most of the time is the problem taken care of or what's that like? Everett: Yeah. I would -- an overwhelming number of them are resolved through our education platform. Very few I would -- I can say less than five of these type of cases went to prosecution this year and -- it's a guess, but I would say, you know, we handle Meridian City Council Meeting Agenda November 19, 2019 – Page 21 of 301 Meridian City Council Work Session November 6, 2019 Page 18 of 28 anywhere from ten to 15 of these a week. So, there is a significant number of these complaints that come in, but less than five of them went to prosecution, because of that education platform we take in setting a reasonable compliance date with our residents and getting them to come into compliance without enforcement. De Weerd: And how many of them, though, are -- are repeats? Everett: A lot of them. Madam Mayor, a lot of them are repeat. So, we have folks the way our -- the way the UDC is currently set its upon notice of that violation we have to give them warning and, then, reasonable compliance date. Well, a reasonable compliance date usually is a week, but when you move your vehicle and, then, you bring it back the next day, the process starts over, because the way the UDC is written. So, I might give you a compliance date of seven days. On day six you move it and, then, on day eight you bring it back and the whole process starts over. So, it's a very arduous process that's set forth in the UDC to enforce the violations. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm just going to do a little refresher. So, this -- the point of this original conversation was to allow boats and campers to park in a driveway for up to three days, like they would be allowed to park in the street; correct? Everett: That's the proposal. Milam: Okay. So, say we do nothing and somebody does it anyway and, then, they -- and, then, you get a complaint, so you go over there, you're just going to give them a warning anyway and, then, there will be compliance, am I kind of reading that right? Everett: You -- you absolutely feel my frustration. Yeah. Sure. So -- but that's -- that's the way our city code, the Unified Development Code, is written is that we shall go through that process. It's not our choice of practice. It's following the code. De Weerd: And so, Rich, your point is you already have this long arduous process for the street. If you add the driveway you just double it. Because right now in the driveway it's not allowed, so you can take care of it then or -- it really doesn't save you an effort one way or another. Everett: Madam Mayor, the street -- and to Mrs. Milam's question about whether or not they are allowed for 72 hours, I thought you were speaking to the driveway, but there are differences. On the street we don't take that approach I just talked about where the code requires us to issue the warning and, then, we go back and give a notice of violation. On the street it's a citable offense and we are able to issue a -- an infraction citation on the spot if it's a routine offense. But on the private property on the land use respect, then, we Meridian City Council Meeting Agenda November 19, 2019 – Page 22 of 301 Meridian City Council Work Session November 6, 2019 Page 19 of 28 have to follow the conditions that are set forth in the Unified Development Code and that's that warning, then, enforcement process. Milam: Madam Mayor? De Weerd: Did that help? Milam: Kind of. Except I'm still having a hard time with enforcement between the difference of whether we have this ordinance or not. So, as it stands today I have a boat in my driveway. I'm only keeping it for three days, but you don't know that. Everett: True. Milam: So, my neighbor complains and you come -- well, you come to my house. Do you just ticket me for having a boat in my driveway or do you come give me a warning? Everett: So, a warning. We don't have the authority to issue a citation for a land use violation the way the city code is written. Milam: So -- now, Madam Mayor, follow up. If we pass this ordinance and allow it for 72 hours, then, what is the process? Exactly the same? What it sounds like. Everett: The process would be very similar, with the change being that you could move your vehicle, your boat, whatever it was in question, you can move it one inch and the 72 hour period would start over again and we -- you wouldn't be in violation until that 72 hour period was proved reasonably believed that it had been there for 72 hours. Right now the mere presence of that vehicle is a violation and we are able to address it right away, where we would have to prove that 72 hours every 72 hours or every movement incident. I don't know if I got that across well enough. Milam: Yeah. I understand that. But my -- the main point is if you wouldn't do any -- there is nothing you would do to me today. Everett: In either -- in either situation, no. Milam: In either situation. Okay. Everett: No, there isn't. Milam: Sorry. Thank you, Rich. Everett: Sure. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda November 19, 2019 – Page 23 of 301 Meridian City Council Work Session November 6, 2019 Page 20 of 28 Little Roberts: Madam Mayor and Rich, it's my understanding there is a big difference in how you obtain compliance on the street, public versus private, where you can't get on easily to mark and -- and prove that they have not moved for 72 hours. Everett: Yes, you are correct in that and on the street we have the ability to issue a citation for the violation, but we still start with that education platform if the person is there. On the street a lot of times it moves to a citation right away, because there is no one to educate. We don't know who the vehicle belongs to. It might be parked in a business area where we can associate it with the residence and, then, we have to move towards the citation eventually. But we usually still start with a warning -- a written warning for that vehicle just to educate our residents. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple I guess clarifications. So, Rich, what I heard you shared to Council Member Milam is that in either scenario we just warn. What I have heard from citizens who have been threatened with arrest, vehicles being impounded, citations, are they all just prone to puffery or is that part of the information that we share? Everett: It's -- it's definitely not part of the information that we share. We -- there is nothing in our city code that would allow me to impound a vehicle or arrest someone for being in violation of the UDC. It's just -- the authority is not there even if we were inclined to try it. Cavener: So, I guess, then, Madam Mayor, Rich, Council Member Milam's point, why even have an ordinance to the UDC if -- if people can just do it and you are just going to warn them, I mean -- Everett: Sure. Cavener: -- I guess that's where the disconnect is. What I have heard from citizens is different than what I have heard from you and I -- and I'm not saying one way or another just it's -- I think that's the confusing part is that for us we had one understanding and we are hearing something different from you tonight. Everett: Sure. And I can speak to that. The -- the warning is not -- is not the only thing that happens. The warning is what we always start with, because of our -- our approach. But the case -- if the person does not come into compliance after they have received the warning and they have been served through a method of service that's outlined in the UDC, this notice a violation letter that -- that notices them you were in violation of such code and you have until this day to come into compliance, if that compliance date expires and they are not in compliance, then, an investigative report is prepared and it's submitted to the Boise city prosecutor's office and, then, a summons is issued for that person, that property owner or the person causing the violation and, then, they are subpoenaed to Meridian City Council Meeting Agenda November 19, 2019 – Page 24 of 301 Meridian City Council Work Session November 6, 2019 Page 21 of 28 court and they have to go through the legal proceeding when we bring the criminal charge against them. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, say they do come into compliance, because you are going to come back and check; right? After a certain amount -- a certain date. And, then, two months later they do it again. Does that start over -- Everett: It does start it over and that's -- Milam: So, as long as they come into compliance within that window, then, nothing happens. Everett: Correct. Milam: And how long is that window generally? Everett: The Uniform Development Code is specific in saying a reasonable compliance time. We usually give them a week, but if that vehicle has been there for five years and it's buried by a whole lot of other items, then, we are going to come down and sit down and come to an agreement with them on what is reasonable to them. But usually a week. Milam: But the minimum would probably be a week? Everett: Yeah. Milam: Okay. Thanks. Nary: Madam Mayor, maybe I could help, too, from the prosecution side. I think one of the things that maybe isn't getting across clearly -- from a prosecutor's standpoint if you are going to allow them to park it on the driveway for any period of time, it is virtually impossible to enforce it, because now every time it moves it starts over, which means from the enforcement standpoint the officer has no way to know that it didn't go, leave, park on the street, go to the store, take it up to the river, bring it back. So, from an enforcement standpoint I think that's the difference. Right now they can't park a motorhome or RV on their driveway, not for five minutes, not for ten minutes, not for 72 hours. That's the violation. That's what they -- they have time to remove it. If you are going to allow them to party for a period of time, I think what Rich is saying is it's very difficult to even gauge that it's in the same location, but, secondarily, I -- from a prosecutor standpoint, to be frank, code enforcement violation cases are not the most serious cases they have, so to -- to try to determine that this RV has been sitting there and the stem on the tire is in the same location, is going to be a real tough sell to a magistrate. So, I think when the folks -- and I don't think it's all puffery. I mean these are -- these are ultimately Meridian City Council Meeting Agenda November 19, 2019 – Page 25 of 301 Meridian City Council Work Session November 6, 2019 Page 22 of 28 misdemeanors. They ultimately could lead to potential for a jail or a fine. Never in my wildest dreams is somebody going to get that, unless they are the problem, they cause a problem to the court, they cause a problem for continuing the issue, that may be something, but is somebody going to get fined and jailed for parking their RV on their driveway? Not very likely. But I think that's the point is that if you grant a period of time to park on the driveway from an enforcement standpoint, you are pretty much going to be stuck with it being there, because trying to prove it didn't move for 72 hours is going to be virtually impossible. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: And I guess I will just -- a quick refresher for Council with my work on this. When we talked about this a number of months ago we said, okay, we can leave it as is. We can open it up and let people park there as long as they want, it's their property, or come up with something that was maybe a sensible compromise and I think part of that was based on what I had heard from code enforcement, which is the majority of our citizens come into compliance with the great customer service from code enforcement are educated. So, we can continue to spin our wheels about what the worst offenders are going to do, but, guess what, no matter what we do, the worst offenders are always going to keep doing what it is that they want. So, to me I think this was a sensible approach to meet the overall needs of our citizens. So, those that want to follow the rules can still be able to use their property at their home. So, I think that we have some of the best code enforcement staff in the nation who follow the Meridian Way in terms of educating and working with our -- our citizens and we heard that tonight. By and large you go, you educate people getting in compliance. Yep, there is the bad offenders that are repeat offenders that aren't going to follow the rules and no matter what we do aren't going to do it. So, we can continue to spin our wheels about what they will or won't do or we can move forward or we can be -- we can be done with this. But I -- I don't know how many more hypothetical cases around this issue we should discuss. I just think that we can either move forward or we can -- we can be done with this issue. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I want to thank Councilman Cavener for putting this together. I think this -- this ordinance -- or this -- this code is -- can be a little bit confusing for folks and I want to thank Rich for your -- for your willingness to come and speak to us this evening. I can -- I can sort of read between the lines in what you're telling us this evening. I think you are doing a very gentleman job of saying this is probably not a fantastic course of action and I don't want to put you on the spot, but I just sort of maybe what -- that's sort of what I'm picking up what you're putting down to a certain degree. I probably won't be in favor of going forward with this ordinance, but maybe looking at it in a different direction, maybe if you are having success in regard to education, maybe that's where our focus should Meridian City Council Meeting Agenda November 19, 2019 – Page 26 of 301 Meridian City Council Work Session November 6, 2019 Page 23 of 28 be. I know that just as a side note, when we were educating our citizens in regard to placement of trash cans on the road -- and this is no joke -- the next week every single one of my neighbors who were parking -- or putting their trash cans on the road -- or, excuse me, on the sidewalk were on the road and so I think that the city does a fantastic job getting out messages when things need to change and I think that maybe I would be more inclined to support an educational process in which we reach out to our citizens through our multiple areas of -- you know, whether it be Facebook or social media or whatever and just see how that goes and I think that you will find that it will get better and to the point that Councilman Cavener said about those who will continue to be the problem, well, then, we will just have to deal with those people. It's -- it's impossible to correct bad behavior when bad behavior doesn't want to change. Everett: Sure. Bernt: So, that's my two cents. I appreciate you for all this time and, Councilman Cavener -- Cavener: Madam Mayor? Bernt: -- thank you for putting all this together. So, I think that it is somewhat of a confusing topic. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A suggestion. And just kind of following our past process on this, we typically haven't done where we have had a staff presentation and, then, invited the public to comment and we typically have allowed the public to comment and included staff presentations into this. I don't believe we noticed this as -- as a public hearing. I think that my opinion, again -- but I think just from a process standpoint we should at least schedule this for a public hearing to allow the public to come in and weigh in on this one way or another and if we hear from our citizens saying, yes, this is an issue or from our citizens, no, this isn't an issue, I think that's important context for us to take in before we say, yeah, we want to do this. Just because we have -- we have at least got a draft at this point I think that we owe it to the public to at least allow them the chance to chime in. De Weerd: But we also owe it to the public that we set reasonable expectations on if it's enforceable or not and -- and it sounds like it would be staff intensive and not necessarily effective. So, it is up to this Council if you want to bring it out for public comment, but, then, what? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda November 19, 2019 – Page 27 of 301 Meridian City Council Work Session November 6, 2019 Page 24 of 28 Milam: Just thinking in a different direction, as opposed to allowing them parking, what about changing the penalty and what it currently is from a misdemeanor to -- Bernt: A felony. Milam: Felony. To a citation, like we have done with so many other things when we are trying to get misdemeanors off the books. That way the people who are being threatened or feeling like they are being threatened that they might go to jail, it removes that. It removes a lot of the strain from the code enforcement officers. It's a ticket, a low offense, but that's it. And they still would get a warning and, then, feel like we are being responsible citizens. No? No takers? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: And I would love it. I have got some neighbors that have their RV out and it's parked correctly, it does not stay there long, but it would make our little driveway and area much safer if they could pull it in. But it sounds like it's absolutely completely -- difficult is about the best word I can come up with -- to even try to enforce it, because of coming on private property, how do you mark it, and I can't imagine the time and effort that that would take on an increased number of calls and so I was very much in support of this, because I thought, great, our little street is going to be safer because they can pull it in their driveway. They are there for two days and, then, once a month, you know, he comes back for two days and leaves again and so -- but it just sounds like it's completely unreasonable to try to enforce it. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think that sometimes what's in the best interest of the safety of our children may be a difficult thing. It's worth doing hard things to solve so many of those issues where it would be super easy to just park it in the driveway and avoid weird blind spots around corners and having to take extra wide and around strange corners when there is children trying to take safe routes to school, they are having to deal with cars coming around corners without being able to even see. It might be difficult, but it's for the children. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: One last comment. I guess if we are considering allowing them, then, we just allow them without a time frame. So, we either allow them or we don't allow them and I'm open to having a public hearing and hearing what the public has to say about that. Meridian City Council Meeting Agenda November 19, 2019 – Page 28 of 301 Meridian City Council Work Session November 6, 2019 Page 25 of 28 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate the comment from Council Member Milam and I think when I -- I think Rich knows when we started this process I think that's where I was, like let's just -- if it's too difficult to enforce, well, then, let's just -- let's remove that element. I think we heard from some folks as, no, you know, the UDC is about creating quality life and there is some belief that parking a trailer in your driveway can impact quality life and clearly if you remember Rich put together a great package that showed how quickly this can -- can spiral out of control. So, I appreciate from -- from an enforcement side just removing it makes enforcement really easy. Code enforcement doesn't have to worry about it. If we think this is an issue, then, let's resolve it and the common sense approach that we at least discussed was -- was three days because it mirrors the street's. I'm open to hearing from the public if they would rather we remove it entirely. I don't think that's what we are going to hear, but, again, however you all want to proceed I am in one hundred percent support with, but I do think just from -- from a process standpoint we have got an ordinance, let's hear from the public. If we hear from the public this is something that's important to them and it is an enforcement challenge, we like doing pilots, we can do a pilot for a few months and see what the report back is from code enforcement how many more cases. Does this result in a dropping of other cases that you are enforcing. Had we known that piece, Rich, I think that would also be really helpful to know how many you were dealing with and so I -- I feel like there is some unknowns. I think this is the right approach. I think we should do a public hearing. At least let our citizens weigh in. So, I don't -- Mr. Nary, I don't know for a process standpoint in our agenda do I -- do I make a motion on this, then, to schedule this for a public hearing? Nary: Madam Mayor, Members of the Council, certainly you can. Cavener: So, Madam Mayor, I move we schedule this for a public hearing for the 12th -- is that -- is that comp plan -- is that the week of -- let's -- let's schedule it for -- for November 12th. Milam: Is that enough time to get the word out? Cavener: We can notice it. Madam Mayor, if I can revise my motion that we schedule this for a public hearing for November the 26th. Nary: Mr. Cavener. Cavener: Thank you, Mr. Nary. Nary: So, one suggestion. One -- one discussion that's completely unrelated to this is your comp plan hearing is on the 19th. You may or may not complete all of it on the 19th and the 26th is an opportunity, if necessary, to do that, so -- because right now there is nothing scheduled. So, your first one in December may be better. Meridian City Council Meeting Agenda November 19, 2019 – Page 29 of 301 Meridian City Council Work Session November 6, 2019 Page 26 of 28 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Appreciate the exceptional guidance, Mr. Nary. Thank you for looking out for us. Third modification to my motion, Madam Mayor, is that we schedule for a public hearing on Tuesday, December 3rd. Milam: Second. De Weerd: I have a motion and a second to -- to put this out to the public for December 3rd. Any discussion? Okay. All those in favor say yes. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: And we will do a pilot program from like January until March; right? De Weerd: So, what I would ask from Code Enforcement is a recommendation. I know you are going to do whatever Council decides, but you have to look at what -- what are our cases, what would this mean and how can you enforce it and if it will be an increase, a decrease, whatever, is if you can do that analysis so Council has that. Maybe you can send it out in a pre-packet memo form so Council has that information in advance that would be helpful. Cavener: Madam Mayor, I couldn't agree with you more. I think that's a fantastic recommendation. I would also ask Rich if you could get us the breakdown and how many of these -- of that 6,000 cases you dealt with last year how many of those were dealing with people who were parking on the street for four days or longer or in their driveways. I think breaking both of those down would be good to know. Johnson: Madam Mayor? If I may, how would you like this noticed? We can do the website and NextDoor and, of course, the agenda. Is that sufficient? De Weerd: Yes. And you can work with Shandee to -- to help get it out on social media as well and just list it as a public comment. Johnson: Thank you. Item 6: Executive Session per Idaho State Code 74-206 (1)(c) To acquire an Interest in real property not owned by a public agency De Weerd: Okay. Our next item, Item 6, is Executive Session. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda November 19, 2019 – Page 30 of 301 Meridian City Council Work Session November 6, 2019 Page 27 of 28 Cavener: Move that we go into Executive Session per Idaho State Code 74-206(1)(c). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:34 p.m. to 5:59 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we come out of our Executive Session meeting. Milam: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Could I have a motion to adjourn? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we adjourn our meeting. Milam: Second. De Weerd: I have a motion and a second to adjourn our meeting. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda November 19, 2019 – Page 31 of 301 Meridian City Council Work Session November 6, 2019 Page 28 of 28 MEETING ADJOURNED AT 6:01 P.M. (AUDIO R�NG ON FILE OF THESE PROCEEDINGS) lot /t MAYO EERD DATE APPROVED ATTES �QORATEo „�c o G CH I .QN - CITY CL E IDIgN. Z OgH0 , SEAL '69 7REASCj