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HomeMy WebLinkAbout2020-02-25 Work Session Meridian City Council Work Session February 25, 2020. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, February 25, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Member Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Brian McClure, Kyle Radek, Jeff Brown, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault Luke Cavener _X_ Mayor Robert E. Simison Simison: The meeting will come to order. For the record it is Tuesday, February 25, 2020, at 4:30 p.m. We will start this meeting roll call attendance. Item 2: Adoption of Agenda Simison: Item 2 is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as presented. Hoaglun: Second. Simison: I have a motion and a second to adopt the agenda was published. Any discussion on the motion? If not all those in favor signify by saying aye. Opposed nay. The ayes have it. The agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of February 11, 2020 City Council Work Session Meridian City Council Work Session February 25,2020 Page 2 of 21 B. Approve Minutes of February 13, 2020 Special Joint Meeting of the Meridian City Council and the West Ada School District Board of Trustees C. Approve Minutes of February 18, 2020 City Council Regular Meeting D. Burlingame Subdivision No. 1 Sanitary Sewer Easement No. 1 E. Burlingame Subdivision No. 1 Water Main Easement No. 1 F. Caven Ridge Estates West Subdivision No. 2 Pedestrian Pathway Easement G. Eagle Commons at Overland Sanitary Sewer Easement No. 1 H. Eagle Commons at Overland Water Main Easement No. 1 & 2 I. Hill' s Century Farm Commercial Subdivision No. 1 Sanitary Sewer Water Main Easement No. 1 & 2 J. Final Plat for Caldera Canyon (H-2019-0147) by Vanessa Klaus, Located at 1294 E. Leigh Field Dr. K. Final Plat for Jump Creek No. 5 (H-2020-0003) by Trilogy Idaho, Located Near the NW Corner of N. Black Cat Rd. and W. McMillan Rd. L. Final Plat for Movado No. 7 (H-2020-0001) by Movado Development, LLC, Located Approximately 1/4 Mile South of E. Overland Rd. on the West Side of S. Cloverdale Rd. M. Final Plat for Silver Springs (H-2020-0002) by Todd Campbell Construction, Located at 805, 905, 1035, and 1157 E. McMillan Rd. N. Final Order for Oaks North Subdivision No. 6 (H-2019-0145) by Toll Southwest, LLC, Located at 6060 W. McMillan Rd. O. Development Agreement for Percy Subdivision (H-2010-0097) with MWT, LLC, Located on the East Side of S. Meridian Rd., South of E. Amity Rd. P. City of Meridian Financial Report - January Q. AP Invoices for Payment - 02/14/20 - $632,459.75 Meridian City Council Work Session February 25,2020 Page 3 of 21 R. AP Invoices for Payment - 02/26/20 - $850,919.99 Simison: Item 3, Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda. For the Mayor to sign and the Clerk to attest. Hoaglun: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Items Moved From the Consent Agenda [Action Item] Simison: And that will move us into Item 4. Any items moved from the Consent Agenda, which was none. Item 5: Department/Commission Reports [Action Item] A. Legal Department: Annual Report Simison: So, we will go to Item 5-A Department/Commission Reports and 5-A is from our Legal Department, which will be presented by our city attorney Mr. Bill Nary. Nary: Thank you, Mayor, Members of the Council. I know you all wait all year for this presentation. I know this is the most exciting one you have, by far the best one. My team is in the back. All of you know everybody that's on our team. Strong and mighty. Small, but mighty. We are all very very proud to work for the city attorney's office here. But we still work for the best Mayor in -- in the state, so we are pretty fortunate here. I wanted to -- this is our outing this year. We got to go -- go on the blue. We got to tour some of Boise State. I wore my Vandal socks. But we all -- for those that don't know, each of our departments has some opportunity here to do some type of team building outing and things like that, so we have done a variety of different things. This year we have a connection with Boise State, so we got to do that, we have done the walking tour, we have gone to Scentsy, we have gone to Wahooz. So, we have done a variety of different things in our community, just some time for us to get out of the office for a little bit and get away from the legal walls for five minutes. So, it's a pretty fun opportunity for us as a team. Now, we have been here since 2004. Andrea Pogue is our newest member of office, she will be here 12 years this year. So, we have a pretty senior level crew with our Meridian City Council Work Session February 25,2020 Page 4 of 21 department. We are pretty proud of that. This is our mission statement, which you can read. I won't read everything on all these slides to you, but I would like to talk about the things that we do, especially for our newest members. You probably know, since we have had some conversations, but the level and depth of -- of what we review, how we review, what we do, it's kind of hard to understand until you actually see it, but I tried to highlight a few of the things on there. We can stop and talk about any of them if you wish. I do have the folks from Boise city, who will come up at the end to talk about our prosecution and police attorney services that we have with them. But I always highlight the first one. Review every item in the City Council agenda. That is no joke. We look at every single thing that goes in that agenda and we either wrote it or reviewed it, because you can be assured that it has been legally vetted, it's been reviewed, and you don't have to concern yourself with any of that. Occasionally Mr. Bird, when he was here, he would ask me did you read this or did somebody look at this, yes, we look at every one of them every week. Nothing gets on the agenda until we have approved it. Again -- and we also have prep meetings before and after. We have a lot of meetings to prepare for these meetings to make sure we can answer your questions, address your concerns, make sure if there is a legal issue we can help answer it. We can help address it on the record or off as needed, but we want to make sure that we are there for all the City Council meetings, all of our commissions, all of the internal, external committees, like I have listed there, impact fees and the golf course. We have --we manage litigation. We do land use appeals. We have done mediation. So, we have done a variety of different types of things for the city that, again, the five of us are all engaged with in some low degree. So, here is the services we provide to different departments. City Clerk's office. You can look at that number, 685 response to public records requests. Lots of them are routine and many of them are not and those that are not take a little bit more time, but you have a clock running in the state code of when you must respond to those, so we make sure we meet those deadlines every time. We review all the temporary use permits. As you can see we have 173 alcohol licenses in the city. If that doesn't sound like a big number to you, it is a big number. You think -- when you think you get one per 1 ,500 residents and, then, beer and wine doesn't have a limit on that, so some of those are beer and wine licenses, too, it is quite a bit of growth that we have seen in the last 15 years, 16 years of growth in our population and that's what that number reflects. All of those numbers as you see are increasing annually and, then, Michael or Kevin will talk about the public records that police -- there are only three times that many. So, there is a significant number that goes through the police department that Boise city handles for us. Human resources. Again we assist in writing all their policies. We have been working on this major project of rewriting our policy handbook. Our staff has been helping with that directly with their staff to make sure we meet the legal requirements, as well as the human resource's needs. We get involved in all personnel actions, whether it's terminations or anything less than that, we try to advise departments as best we can, both to treat people right, to be the right kind of employer that we think is important and also to make sure we avoid legal liability and avoid any issues that might pop up later. Sometimes it takes longer than people would like, but there is a reason for that, and most of the time we try to get it right and we have been very fortunate, in all the time I have been here we have -- to this point not had one complaint to the Human Rights Commission that we had somehow infringed on somebody. We have had very few personnel actions that have gone beyond a Meridian City Council Work Session February 25,2020 Page 5 of 21 complaint or a letter or a concern by somebody, but we have had very few to any type of grievance or anything like that and that's mostly because we do try to take our time in dealing with employees, because it's difficult and it is very personally difficult for individuals, both for the departments, as well as the employees, and we try to be cautious in how we do that and so we do take our time. Finance Department. Again we work with their bankruptcies and we have those. Those have slowed some, but we are directly involved with those. We review and advise on all our purchasing contracts. We have been working on a rewrite of that for our contract database and our team has been helping them with that. We deal with all of those financial issue questions that come up that have some legal ramifications. Somebody on our team is going to take care of that. Fire Department. So, we have been directly involved in the labor negotiations. We have had nine labor agreements since 2005. 1 have been our lead negotiator since that time. We have negotiations this year. We think we have done a good job as a city working with our unit. They -- there is a lot of mutual respect. We don't always agree, but there is a lot of mutual respect on both sides. I think it's been a very healthy process for us to work with them. Again we don't always agree on everything, but I think we have at least been able to disagree in a more respectful way than I have seen in other places or I read about in other places. So, I think it's been a good process that we have had. Again we advise the Fire Department on a variety of issues that come up, whether it's purchasing and involving the new station, whether it's contract reviews with other agencies or agreements with them. So, a variety different things. And, again, we are involved in all of that. The Police Department -- again our -- because we have a police attorney and prosecution, the city of Boise is very heavily involved with the police on those issues, but we also involve with them -- and code enforcement is primarily a function that we work with the Police Department directly on those most of the time. We also write the ordinances. I highlighted here the hands free ordinance that we wrote last year. That was well received both in our community, as well as the community to the east, they passed a fairly identical ordinance to ours. We write all of those. Vehicle mobilization. For those that don't know, that's what car booting is called and so we had car booting become a thing in the city the last couple years and so we felt it was important for our citizens to license those folks that do that type of activity to make sure they are safe, they have insurance, they are doing it properly in a way that's fair and equitable for our citizens as well. So, we crafted an ordinance for that and we licensed all of those now. I think on the other side we did 16 licenses so far last year. Parks and Recreation. Again we work with them closely. Again besides staffing their commission, we help advise on a variety of issues that come up on special events, activities in the park -- as you see a number of partner agreements we have had with other agencies, other entities. Work with them on the dog enrichment equipment. Donor agreement that some of you saw just recently that went into Discovery Park. And so we helped with that. Again we worked with the Home Court project as that came on board with the city and we worked closely with the arborist -- but for those that don't know our arborist just retired, so they have a new arborist on board, but we do get nuisance tree questions and things like that and we, again, work with them in crafting letters, notices to people on what they need to do. Community Development. It may look like -- it must have been the downturn that we had only 25 land use ordinances in '19 and 33 in '18, but, again, there is a lot more that goes into those ordinances. These are just what we annexed in 2019. As you see the development agreements stayed the same. So, again, Meridian City Council Work Session February 25,2020 Page 6 of 21 there is lots of developments that have already been annexed. They either had a DAthat came through or they came to modify the development agreement in 2019. So, those still are fairly active and busy for us. We also provide support to the Community Development -- to the building department. They do get questions on code compliance issues periodically, so we do assist them with that. Of course we work very closely with Planning on a variety of issues and all the land use that comes before you, it's probably our busiest area we deal with is land use as you would all know. So, we are pretty actively engaged with how those end up in front of you, both at Planning and Zoning, as Council Member Perreault can attest, we, again, go to all those meetings. We try to provide the same level of advice there as you get here. Public Works. Again there is lots of ordinance work that goes into that. There is also a lot of purchasing and contracts that go along with that with our treatment plant and some of the things that we are doing. One we are working on currently is water and sewer assessment fees. We have been working with outside counsel on that. It's a very -- can be a very contentious area of law. In southern Idaho it hasn't been so contentious. In northern Idaho it was very contentious and, actually, a case up there in the city of Hayden that went to the Supreme Court twice. So, it's very concerning if you don't do it right and so we are working both with outside counsel and inside counsel to make sure we get this right before it comes back to you probably in the summer I think is the timing for that. So, one thing I don't always highlight and I probably should, so that -- the Idaho Municipal Attorneys Association is an association that all of our department belongs to. Two of our -- two of our key members have been the past president of the organization. But the thing about it that's really interesting and been really a fun partnership we have had with the IMA since 2012 is an internship program. I was the president back in 2010 or so and I pushed with the board at the time that -- that a lot of the city attorneys in this state, statewide -- one there wasn't a lot of full-time city attorneys. There is a lot more of them now than there used to be. But a lot of the attorneys around the state have been the city attorney for many of our smaller cities or serve our largest cities for 20 and 30 years. So, they are looking to retire and so ten years ago I pushed to the board saying we need to get more engagement of people in law school. I don't know about Councilman Borton, but when I went to law school I didn't have a municipal law class to take. Probably wouldn't have taken it. It sounded kind of hard. But I didn't even have an option to do that. So, falling into municipal law is how many of us end up doing this is it's the job you end up getting and you find you can make a career out of it. We felt -- and I felt it was important that maybe we introduce that earlier to law students as an internship program, so they could maybe see is this for them. So, the IMA agreed to fund it. We have agreed to house it. We have an extra space in our office, so we have agreed to house it. We have housed it every year but one since 2012 and it's been a very successful program. I mean we have had -- the first intern we had in 2012 is now the Twin Falls city attorney. But all of the ones that we have had, all seven, we have had -- all worked at some level in the public sector. One works at the Supreme Court. Some work for the Attorney General's Office. One works for the sheriff's office. But they all work in public service and most of them -- not all, but most of them didn't think that's where they would go. They all thought differently about what type of career in the law they might have and so this program I think had a great impact in them realizing this is something you can make a career out of that they never really thought about before. So, I am very proud of it. I think it's been really good. Again we have had some very Meridian City Council Work Session February 25,2020 Page 7 of 21 good interns. The one we had last year, Kurt Starman, was one of our best. Kirk had been a city manager, so he knew what cities were like, so that was an area he wanted, but he was such a good fit and -- and we have had many stories of all of our past interns that -- if any of you have worked with any of them they have been pretty good. Emily Kane from our team supervises them, but they work very closely with our team and we collaborate with them, too, and we really just dragged them along to everything else we do and they do work for us and we also provide this service to all of the cities in the state. So, we let all of the members of the association know if you have work that you need, research, writing, whatever, the intern can do it for you, send it by e-mail, we will send it back. Again, it's been very successful, both with our private sector attorneys that represent cities, as well as public sector attorneys. So, it's been a good program. Risk management. For those that don't know, we also manage the risk management program in our department and we review all the claims that come through the city. As you can see they are fairly low. I mean we have been very fortunate as a city to not have a significant amount of claims, either -- the most expensive that you see in this arena statewide are either false arrest claims or personnel fights. We have had one personnel claim in 16 years. We have had no false arrest claims that went beyond a tort claim and never even to a lawsuit. We have had no -- well, false arrests or excessive force complaint. Again nothing that's got to a lawsuit. So, we -- we manage these very well as a -- as an entity. It funnels through my department, but we do work together and over the last couple years we have actually created a team that is made up of all department directors, Human Resources, Public Works, Parks, Fire, Police and we collaborate on all of those and it's been a good opportunity for those departments to see how what they do can affect other departments. Previously when we didn't have that they had no idea that something that would happen in police that maybe police needed training on could be beneficial to Public Work or something that Parks does as a -- as a regular practice could be very helpful to the Fire Department to know that -- that that was happening. So, that collaborative team that we built out of that I think has made it better and a better process for us as a city. But we do manage the claims. Again they are fairly consistent as you can see a number across the board and I think we have done a pretty good job of keeping a handle on that for the city. We work very closely with ICRMP, who is our insurer. They do a good job at helping us when needed and we -- we -- they do a good job in -- in helping them keep the cost of claims down. That -- that was -- I guess I got ahead of myself. This is the initiative that we worked on. We have 70 percent complete. The next step is to bring you folks a policy that will match what we are doing there, so we have a consistent practice in both the practice and policy and that's the next step to cover for you. Now I will turn this over to the Boise city attorney's office. We have Michael Dean and Kevin Borger from the Boise city attorney's office. Again they provide us both prosecution services and police attorney services and I will let them kind of give you a little bit of what they do. Dean: Thank you, Bill. Thank you, Mayor and Council, for having both Kevin and I here. We appreciate the relationship we have with Meridian city and the relationship we have with the police department here as well. I have worked for the Boise city attorney's office for 15 years and this relationship -- this contract predates me and so my entire time at the Boise city attorney's office has been working for the City of Meridian as well and I have Meridian City Council Work Session February 25,2020 Page 8 of 21 great respect for the --when we have worked here for your law enforcement officials, who partner with us in that -- in that endeavor. A few things I wanted to point out -- a few numbers here and right before that I will -- I will say this. I will be speaking about the prosecution services and, then, give some time to Kevin Borger from my office to speak about the police advice services. We handle all prosecution services from inception -- from first appearance of the case through trial, through appeal, through -- in District Court. We have worked on -- with the police department -- the police department to help with investigations, seek warrants, magistrate inquiries, to build cases, as well as screen cases to determine whether it's appropriate to charge or not and we notify the victims and those who report whether we are planning to proceed on the case and answer their questions as well. In 2019 -- calendar year 2019 we opened approximately 4,000 new cases for the City of Meridian. Those cases had approximately 5,600 new charges and among all those cases we had just over 7,500 hearings. Hearings anywhere from arrangements, to pre-trial conferences, settlement conferences, trials -- bench trials or jury trials. I believe I counted in calendar year 2019 we had 11 jury trials for the City of Meridian. I would probably estimate at least a couple hundred, if not more, bench trials, usually on traffic -- misdemeanors or traffic infractions. It's a busy calendar. It comprises approximately 28 percent of our caseload. Last year was 25 percent. It went up slightly, 28 percent this year. Incoming charges historically over the past ten years you can see how many we have had come in. It's a very slight increase over -- over last year and a little bit over the year before that, but it's been a fairly busy -- busy prosecution service that we have had for Meridian Police Department. Incoming charges. I want to point this out just so you can see what type of charges we typically see. The vast majority are related to traffic, whether they be traffic infractions or traffic misdemeanors. DUI on the other side, but that would relate to a traffic misdemeanor and we have carved out a special exception just to track DUIs. I pay particular attention to those -- to the public safety risk and the need to prosecute those and work with police. I'm proud to report that in 2019 our conviction rate for DUIs was 94 percent. We -- we take pride in that and that's one thing I do follow closely. Our top ten charges in the year 2019. Most of this didn't change from 2018. Paraphernalia was the top charge we had. Possession of controlled substance slightly below that. I think the only thing that was new on this chart from the previous year was driving without privileges, our third charge there, and some of that probably because the way we track those and some changes in the law. It used to be driving without privileges first offense, second offense, third offense, there is now one catch all for that. Some infractions. Some misdemeanors. And we track this pretty specifically related to different statutes. Driving under the influence there is only -- on the first offenses. The previous slide we had three hundred some. Overall DUIs -- so, this is first offense DUIs 242. As I said, driving without privileges is the one that crept on this year, probably because of how we report and how we track those now. Everything else was fairly consistent. A few numbers were slightly higher, but fairly consistent in the top ten charges this year. I will segue a little bit into what Kevin will speak about, but we have an on-call team and it provides 24/7 assistance to police --the police officers. Four-- four attorney staff -- that one who is a full-time police advisor are full-time prosecutors and they are available anytime law enforcement needs help, whether it be during hours or after hours and weekends as well to help with warrants, help with the search and seizure issues, any question they may have they are welcome to call in and we -- we help with Meridian City Council Work Session February 25,2020 Page 9 of 21 those. I bring this up because we have had some interesting challenges over the past year in relation to prosecution. In the summer of 2019 the Clarke decision was issued by the Idaho Supreme Court, which had a great impact on the ability of police to arrest in certain instances, specifically for the domestic violence related offenses and we have come to find DUI offenses as well. We have increased our on-call team on our on-call services to allow police to call and request that we get access to arrest warrants. To call a judge -- to do that and we have adapted somewhat so that we can do the warrants right there, transmit them electronically to the judges, have the judges sign off on those to make an immediate arrest where needed. Particularly we see those in the domestic violence type of arena. We have also increased our ability to do blood draw arrest warrants -- or, I'm sorry, blood draw warrants when DUI is suspected and the person is refusing to comply with testing procedures. We see quite a bit of those. Our on-call team participates in the securing of that warrant and also the warrant return and in delivering the case to -- to our office. I say that because I think that will be something upcoming. We will continue to see quite a bit more of. As we move forward in 2019 to 2020, a few changes that we are seeing in the court system. One is the domestic violence court. In 2018, as I look back over the previous year, we had 15 pages -- Meridian city cases put into the domestic violence court. It's a specialized court where people have judges who are more familiar with issues related to domestic violence. There is more treatment options and more -- more supervision given, more attention given to those people, and they are expedited as well. So, victims are able to come in and have their cases moved quite -- along quite -- quite a bit faster. Earlier this year -- about a month ago the decision was made to put all domestic violence related cases in which there is intimate partner violence or any intimate partner relationship into domestic violence court. We are seeing a great increase in that and we will see a lot more Meridian city cases put into that. We have two attorneys that staff that full time. A victim witness coordinator that assists the Meridian city victim witness coordinators and we are excited about that as we think that will help us deliver better access and better services to victims of domestic violence in this community and in the valley here. We cover overall by five -- five full-time judge calendars and approximately three or four other part-time judge calendars. We -- it used to be where our calendars were split across all the judges and all the magistrates in Ada county. We have shrunk that down now so that we cover -- we have judges dedicated specifically to Boise city and Meridian city cases. We appreciate that that allows us to send more prosecutors to handle those cases and provide what we believe is a better service. As I said, we -- we value this relationship. We have had it -- had it for quite a while and we appreciate the support we have been given by Council, the Mayor, and law the enforcement here. I'm happy to answer any questions you may have on the prosecution services and, then, I will let Kevin to ask any questions -- or address you in regard to police services. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session February 25,2020 Page 10 of 21 Perreault: Just a curiosity question. Have you seen an increase in the charges for paraphernalia and possession since Oregon and Ontario area legalized the recreational use of marijuana? Dean: I looked since last year and I believe there was a slight increase. The paraphernalia numbers may have increased by virtue of the way we track them. When I prepared -- had someone prepare the slide for me today, depending on if we tracked them by citing to 27-34(a) or 27-34(a)(1), they are separated. I put them together. I haven't gone back in previous years to combine those two, but I think there has at least been a slight increase, at least in comparison to year over year numbers. My belief is we probably are seeing more, but I don't have that right now. Simison: Are there any other questions? Dean: Thank you very much. Borger: Good afternoon, Mayor, Council. Kevin Borger. I wanted to put just a little person, I guess, flavor to our relationship. As Mike mentioned, long term relationship between Boise and City of Meridian and whenever that happens I think the Council always thinks, well, is this just a money thing for Boise and how are we doing that. I can assure you it is not. Meridian is treated as any other client. Our case -- your cases are assimilated within ours and when I prosecute it I didn't notice if it was a Boise case or a Meridian. My decisions weren't based on if I treat Meridian differently. You were treated the same. My assignment I feel is intentional. Bill's the one who hired me at Boise. have worked with Michelle, Emily, and Ted back when they were with Boise city, so very familiar with them and I live in Bear Creek, so I live here in Meridian and I'm pleased to come over here three afternoons a week. One thing I do back in my office is I review the police information that comes through daily just to see how things are going, if there are any problem areas. I met with Lieutenant Brown today and he had noticed one and had some questions, so I'm available. I need -- and I very much appreciate being a part of Meridian and I appreciate Boise allowing me to do that. I have been doing training for the police department. I think I have got one more week to do that, so it's approximately a 12 -- 12 week process and I want to compliment the officers. Whenever you do training -- legal stuff, frankly, can get boring. I understand that. It's stuff they have heard a lot, specially the experienced ones. But your police officers are very attentive, they are respectful. They aren't playing on their phones or looking at the computer, it's eye to eye, and they have legitimate questions and very pertinent ones. This Clarke decision that's throwing everyone for a loop and so what I most appreciate is that your police department's desire to get it done right and a lot of that is the oversight they give to each other, holding each other accountable, and the methods that they do that and part of that is reliance upon our office and the questions I get show that it isn't just let's not get sued, no, it's let's do the right thing by everyone and so I -- I greatly appreciate that and appreciate the relationships of being able to -- I grew up in this town, basically. Lived here since 1986 and I have known Brad since probably that time and dealt with Joe professionally since shortly thereafter. So, greatly appreciate that -- that relationship and Meridian City Council Work Session February 25,2020 Page 11 of 21 know that you are being well taken care of by the city of Boise and we do value your relationship and ours very very much. I will certainly stand for questions. Simison: Any questions, Council? Borger: Thank you. Simison: And if I could just add in real quick to that. I did meet with Mayor McLean last week and where we did discuss this relationship that we have for these services and expressed our gratitude and our desire to continue a strong relationship with the new administration. Understanding that everyone always has to review what's best for them at the right time, but she assured me that if there was ever a change on their end they would give us plenty of lead time and, conversely, if we ever feel like we had to do this in- house we would do the same. Nary: Mayor, I would totally agree with that. I think the -- we have had a contract with the city of Boise since 2002. So, nearly 20 years we have had them providing us -- this is the fifth city attorney they had there since we started this arrangement and I know -- in speaking for our police -- I mean you can certainly ask them yourself -- they really do enjoy this relationship. These are professional prosecutors. That's what they like. They are used to this. They do it all the time. They are very good at it. Again we have a great relationship. Yeah. I hired Kevin in 1991. So, we have been doing this for a long time. But it works. It works for the City of Meridian and it works for the city of Boise. So, it's been a great fit. I was going to wrap up, so that we could start the next -- the next report. If you had any questions. Again I can't stress enough -- and I know you all have heard me say this. I truly value being the city attorney here and so does my team. We all really appreciate the opportunity we have in working for the city, providing the legal advice to our departments, to the Mayor and Council, to all of our employees on a daily basis and we are grateful for the opportunity to be here and we just appreciate that and if you have any questions I could answer them or, otherwise, I can be done. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Not a question, just wanted to express appreciation, Bill, to you and your team and to the Boise team as well from the prosecution side for all your efforts and -- and appreciate all the work that you guys go through and, of course, if I really think about it it's a lot easier to prevent something than to bail us out later when we screw it up. So, you know, it's probably, you know, smart work on your -- your end to do it that way. But we really do appreciate it, because we know you have our backs -- you guys have our backs and want to make sure the city is successful and everyone who lives here is -- is well taken care of. So, that's -- that's a great thing. Thank you. Nary: Thank you. Meridian City Council Work Session February 25,2020 Page 12 of 21 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I just want to say thank you as well. You guys are a great support to us and for sure you guys make our jobs a lot easier, especially when we get in the weeds up here. It happens quite frequently, so -- but each -- every one of your staff members I consider dear friends, so thank you so much for all you guys do and you guys are fantastic. Nary: Thank you. B. Police Department: Idaho Standard Command Responses for Schools Simison: All right. Thank you very much. So, Item 5-D is our Police Department. Idaho Standards Command Response For Schools and this will be presented by Lieutenant Harper. Council, this was an item that was scheduled to be presented to both West Ada and the City Council at ourjoint meeting. We broke it up to allow more time for discussion. So, appreciate Mr. Harper's diligence in doing this twice to both groups and sharing that information. So, with that Mr. Harper. Harper: Mayor, City Council, thank you for having me. For some of you guys this will be new information. To others this is going to be kind of a rerun, but I just wanted to give a -- more of a general overview and an update on the standards of -- standardization of basically emergency responses inside of schools. The Idaho Standard Command Responses was developed in 2018 thanks to a -- a really large partnership of first responders, school district officials, emergency management and state officials focused on doing what was best for Idaho students. That's pretty good, because there is a lot of things that you can take away from other places, but it's not Idaho. So, we needed to figure out what would work best for Idaho students and schools across the state. So, in '18 we spent about a year developing the Idaho Standard Command Responses For Schools and we really took a different look at school safety. We focused on working from the inside of the school out, instead of first responders explaining to schools that we think is best for them. We reached out to our school partners across the valley, in several parts of the state, and said what do you guys need to be successful in all sorts of emergencies within your schools. So, that was a -- that was a big thing, because, again, that was something new and different, so we took a different approach to it and I think it -- it really worked out. On top of it this -- this program -- and Joe sits over here, he's -- he's on the Treasure Valley School Safety Committee as well and it was pretty impressive to have 30 something people in a room together and being able to agree on something with that many people, but everybody knew how important it was to make sure our kids are safe and they are in an environment where they feel safe and can learn. So, that was -- that was pretty impressive. One of the best things about this program is it's free. Sort of. Obviously it costs each city that's involved. But, again, it's free to -- to train our schools across the state, because we here in Meridian are about partnerships and collaboration with others and that's I think how you come up with good, new, fresh ideas by involving a Meridian City Council Work Session February 25,2020 Page 13 of 21 lot of different people. So, the purpose again -- some of the big things were -- there is a lot of schools across the state who are using a lot of different emergency response procedures and as Idaho has grown it has caused a lot of people to move around the state more than they ever have and in -- in an emergency probably one of the biggest concerns is -- is confusion. If you are going from one school district to another and you are having to learn new procedures, new terminology, what kind of stress does that bring on in an emergency situation. So, ultimately, what it did was this program being shared across the state is reducing that confusion and bringing standardized language and procedures into each school. This is a voluntary thing. I left you guys with a two page brief on the program, so it's a little more detailed. If it's new to you that explains everything. I'm giving like a 30,000 foot view. But, again, this --this program is something that could standardize school safety across the state, which I believe is extremely important. It is our most sensitive population and we need to make sure we are doing the right things to keep them safe. The interesting thing about Idaho is when you are developing a program you have got to be able to adapt to a lot of different types of communities and areas across the state. You have school districts like the West Ada School District, which is your typical large urban style school district and, then, you have places like Cottonwood or even more rural than that where it's elementary, middle school and high school all under one roof with limited resources for emergency services and those types of things. So, when we develop this, four initial simple responses that could deal with all emergencies, not just an active shooter, but for a medical situation, a fire, a flood, whatever it may be -- an unknown person on campus. A wild animal. Those are big in the northern parts of the state, whether it's cougars or moose or bear. So, we had to really be creative in developing this to make sure we gave every school district a good foundational model that they could also build upon to fit their community and their school district. So, where are we at today? We have spent, thanks to the support of my chief, the Mayor and Council, we have been able to travel lots of parts of the state. I have gotten to see parts of Idaho I have never gotten to see in almost 16 years of being here. So, there is a benefit there personally, but I have gotten to meet a lot of great people and engage with a lot of -- a lot of different organizations as you see -- basically every major organization in law enforcement, our first responders, the school districts, we have been able to have that face-to-face time and share this product and really get their support, because, again, you got to have the support of all of these folks collectively to make something successful. So far we have -- we have implemented ISCRS into 33 school districts across the state. Yes, there is 164 school districts, but a lot of the school districts are only going to be like 30 kids, 50 kids. We have covered over 60 percent of the student population just by these 33 school districts. We have also made sure that we partnered with our charter schools and private schools, because we have quite a few of those in our community and they are our kids, Meridian kids, and they are just as important as any other kid in any other school. So, moving forward really is -- we are continuing to -- to share this information, help train others. We have a very robust training program that was built into this, including state of the art videos thanks to Ada County Emergency Management being able to fund these projects and we have got several more school districts that are coming on board, specifically the whole area of Kamiah to Cambridge, that whole area up on the prairie will be coming on board next fall, which is very good. I have been working with Sheriff Davis up there and she's extremely Meridian City Council Work Session February 25,2020 Page 14 of 21 supportive in this. What else have we got? The Treasure Valley School Safety Committee. We are going to continue to work on some other projects looking at standards -- standardizing reunification across the state for the -- the -- the other side of emergency situations, the recovery side. So, it's important that we can try to standardize that as well, because currently people aren't very well trained or have good programs in place for the recovery side of it once you have a major event, whether it's a building collapse again or fire or some sort of mass casualty incident, so -- besides that that's pretty much where we are at with -- with this program. It's been a lot of fun. We have learned a lot. We have met a lot of good people, but, again, this is a homegrown program, meaning an Idaho program developed by people that are passionate about school safety and it's not just Meridian, again, it's -- there is a whole lot of partners involved here and I think ultimately in the long run, silver lining, the whole state will be on board, because we do have a good program that provides all the training material they need and it makes sense in schools. So, I will stand for questions. Simison: Council, questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I just wanted to say, you know, as a parent and a member of Council, this is some of the most important things to me in terms of seeing my values reflected in how the city is spending time and energy protecting our children and keeping them safe. I just want to thank you for doing this work and developing this program. I do want to check and make sure you feel like it's resourced. What kind of funding sources do you have and are there grants available or other programs available that you can take advantage of. If you think there is a need or you see some enhancements that are necessary. Harper: Can I speak to that just real briefly? Simison: Yes. Harper: So, currently this is -- again, there is no private funding. This is good old fashioned hard work by a whole lot of people and, again, a whole lot of leadership across the valley and the state, offering up resources to go out and share this with others. So, there -- there is probably grants available, but it gets a little challenging when it's law enforcement and, then, schools and how do you find that funding that matches. So, really, what we are doing right now is really just grassroots. Simison: And if I could on that, it's a partnership with other organizations, it's not just the Meridian Police Department that's going out and sharing this information, it's others that you are training who are also -- the spiderweb is growing in terms of who can educate and train. Meridian City Council Work Session February 25,2020 Page 15 of 21 Harper: Yes. That is correct. A whole lot of people. Correct. Bongiorno: Mr. Mayor, if I may. Also, Council Woman Strader, we -- we also -- like last summer I followed the Idaho School Board Association around the state doing our presentations to help spread the word. So, Shawn and I both have been pounding the pavement like the -- like he said, good old fashioned detective work finding those people and it's been -- we have been very successful. So, it's been pretty awesome. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you very much. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Shawn, who does the training? If a one-off charter school in east Boise or Nampa or Eagle calls somewhere and says we would like to be trained, who --who provides that? Harper: It's probably a little more complicated than a simple -- but I will give you a -- try to give you a simple answer. So, there is a group -- a core group of the Treasure Valley School Safety Committee that provides this training, but we have built a -- basically a video -- a train the trainer video that we can share, as well as a guide -- a guide for them to follow and learn -- learn how to teach it, because the biggest thing is not only is standardizing school safety, but we got to make sure the messaging is standardized when we are delivering that information and we are using consistent language, because one word can really derail -- derail a program. So, we have people from the Idaho Office of School Safety and Security, which is the governor's office, or through building. We have fire personnel, police, and every agency in this valley are really stewards of this. They all are training in their schools, because the big part of this program was how do we make sure that we are having our first responder community teaching the stuff in the schools. Well, this is how -- this is how we did it. We really focused on making sure that first responders are teaching it, so we developed that training material to share with other agencies, so that we don't have to end up driving all over the great state of Idaho to be face to face. Also with that it really helps build relationships within those schools, because there is some jurisdictions that have very little crossover between first responders and -- and the school population, so I think it benefits on several levels. Borton: Thanks. C. Community Development: Locust Grove, Victor y to Overland Project Update Meridian City Council Work Session February 25,2020 Page 16 of 21 Simison: Any further questions for Lieutenant Harper? All right. Thank you very much. All right. Our final item for our workshop, Item 5-C is our community development and we are getting an update on Locust Grove, Victory to Overland, by Mr. McClure. McClure: Good evening. I'm here tonight to provide a status update for you all on the Locust Grove, Victory to Overland project, and the Locust Grove and Victory intersection. I am going to be brief. So, if you have any questions feel free to interrupt or hold onto those for the end. This is currently the city's number one priority projects I think it -- as of this last year. Currently the existing conditions out there, the two lane cross-section, it has an interim signal at Victory, no center turn lane, no bike lanes, and lots of sidewalk gaps. Traffic volumes that exceed design and, then, projected traffic volumes indicating a need for four or five lanes in the future. The proposed cross-section for this project has five lanes and is designed to handle the projected growth and, then, there is a proposed dual lane roundabout at Victory. Just briefly. History here. Last September ACHD had their first public involvement meeting for this project. Public opinion in person and online was the full array of love it, hate it, and everything in between. Of particular note that citizens brought to me were concerns for landscape, the way that corridor felt, and just sort of the neighborhood preservation. After the PIM, staff met with the Council at the time to request direction. Council did not express any uniform opinions, but generally they were preferring a narrower cross-section to reduce impacts to the property owners and stakeholders. Was open to partnering with ACHD if there is an opportunity to do some of that neighbor preservation and they had a general preference for sidewalk facilities that were multi-use. So, rather than having a detached sidewalk and a buffered bike lane, they would just have one multi-use sidewalk on each side of the road with no bike lanes. And I will share those on the next slide. So, the top exhibit here you can see -- and it's probably small, I apologize. You can -- you can see the existing conditions out there. this is generalized. It really is a two lane road, no turn lanes. Worth noting. A lot of the landscaping you see out there currently -- a lot of the mature trees are actually within ACHD right of way. Any road widening of any type is going to wipe those out. So, it's not -- you can't really save most of the trees in this corridor regardless. The next one you see down there was the concept that ACHD proposed at the first public involvement meeting. This is typical five lanes. Again, as I mentioned before, we have sidewalk and bike lanes. The one kind of caveat to the typical comment here is ACHD is now doing what they call buffered bike lanes and facilities that meet the standards to that and what they do is they, basically, provide an extra two feet between the edge of the travel lane and the actual bike lane. So, you have curb and gutter two feet, bike lane five feet, buffer two feet, and, then, your travel lanes. Also worth noting, the -- this corridor we have not adequately preserved the right of way necessary for this cross-section, so even a normal five lane cross-section would have adverse impact of buffered bike lane facility and the sidewalk have even more. The city's preference at the time, which is the next graphic you see here, is also what I mentioned. Be a five lane, no bike lanes, and, then, multi- pathway on both sides of the street. This is significantly narrower than the original concept. It also has the benefit of consolidating the landscaping that -- that it can retain and that will be put back afterwards by the HOAs into one area versus on both sides of the sidewalk. So, you have a little more area to make better use of the space. The last exhibit there is whatACHD has designed for. So, it's a 95 percent design concept. While Meridian City Council Work Session February 25,2020 Page 17 of 21 they don't have a multi-use facility there, they did attach the sidewalks, again, preserving quite a bit of right of way to help alleviate that concern from the neighbors. They do have the buffered bike lanes there though. That was quick. And a quick project -- and quick summary -- overall summary. Our last conversation with Council generally seemed -- understood that this was needed. Generally understood that we would like to partner. I would like to hear from you regarding whether that's still true with the new Council, whether we are interested in partnering. There doesn't seem to be a wealth of opportunities here. The roundabout would be the most striking opportunity, but that's only on one side of the corridor, Victory, and nothing on the Overland side. The use doesn't seem to generally be available here, because of all the curb cuts and all the front-on property. So, lots of side streets, lots of properties taking direct access from the street. So, there is really not a lot we can do without going in and actually doing the landscaping for these subdivisions. If anyone has any suggestions or if ACHD has come up with any new ideas that they haven't shared with us, I just wanted to verify, one, that you were interested in it and, then, two, taking them our comments. We have a meeting next week or the week after and, then, a PIM with them and the public on March 30th. If you -- Council and Mayor has any specific request, directions, thoughts, would be happy to carry them forward and pass them along. Again, this is just an opportunity for you to sort of influence that-- at least through staff. Again that was quick. I will stand for any questions. Happy to go back to any previous slides. Simison: Brian, would you go back two slides. I'm going to -- Caleb and I chatted a little bit, so if I can maybe go a little bit deeper than what Brian is referencing in terms of why this is -- probably the number one reason why this one is before you from my perspective -- if you look at the city preference versus the ACHD 95 percent design, what -- what I know -- many of us have heard throughout the -- our conversation with the community is that the -- the buffered bike lanes -- you know, what is the value of the buffered bike lane versus a multi-use detached sidewalk from our community standpoint. I have heard -- you know, I don't know any residents that want to take their kids on the buffered bike lane in this community and it doesn't really provide a huge value as compared to what a multi- use sidewalk might do. I would bet dollar for dollar that even the seven foot attached sidewalk would get three times the bicycle traffic as a buffered bike lane on this road ever would from that perspective. But we are at a point where we are 95 percent design and I think that staff is -- the only value -- and what I would say would have much value -- is that this Council is in one hundred percent agreement -- is willing to sign a letter on this topic to send to the Commission before we send any staff forward to deliver a viewpoint on that very specific topic, because that's really where our conversation was. It doesn't really take anymore space. In fact, it might even take less space or close to the same from that standpoint, but that would be one question I would want Council to weigh in on is do you have a viewpoint about the values of buffered bike lanes versus multi-use sidewalks in this situation and generally throughout the city. I think that that's -- you know, we may be fighting an uphill battle with ACHD's viewpoints and priorities, but I know we have an ordinance that says we want multi-use sidewalks, multi-use pathways. That's what our ordinance says and ACHD doesn't -- doesn't build their roads to our ordinance request. Instead we get buffered bike lanes. So, we are in conflict as a --as an ordinance from our city and ACHD's designs of their projects. So, that would be my one question Meridian City Council Work Session February 25,2020 Page 18 of 21 that I would throw out to you all first and foremost and, then, we can get into the other comments, so I won't even talk about the roundabout. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To dovetail on comments the end of last year, the citywide preference with the multi-use sidewalk comes from our residents and it is such a strong preference over the bottom ACHD design and buffered bike lanes, the use of the multi -- multi-use sidewalk second from the bottom is a strong preference for 19 out of 20 folks that I talk to anywhere in the city and the preference for me as well. I think that was a pretty strong sentiment expressed many times -- most recently the end of 2019 and certainly anything that could reiterate that preference now I would be in strong support. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I agree with Councilman Borton. I think that our multi-use sidewalk makes a lot more sense for our residents and we are trying to be a premier city built around families and I think, you know, multi-use sidewalks are more accessible, they are safer, they are easier for people to use, I don't like taking my kids on a bike and -- right next to the road and I prefer to have that buffer and have that bigger sidewalk. So, I feel very strongly in agreement with that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, during our campaigning this fall I know I heard it in some neighborhood meetings and, you know, going door to door, there were -- it came up a few times and it truly was that issue about they are not letting -- and let their kids ride, you know, in the road. I mean that's just the way it is, so -- and I know it's great. Hey, we got this many miles of bike lanes, but they are in the road, they are not -- they are going to be for some hardcore adults, but it's not going to be families, it's not going to be kids and that multi-use sidewalk is -- is preferable. I think we -- that's what we want to have and it sounds like past Council and -- supported that and I definitely see the benefit of that and that's for one foot -- I know there is a cost of one foot for a mile, but I really think it's -- it's worth it to have that usability for bikes. Simison: Councilman Bernt. Bernt: Thank you, Mr. Mayor. I echo the comments of my fellow Council Members. So, I am in full support. Meridian City Council Work Session February 25,2020 Page 19 of 21 Simison: Unless I hear otherwise then -- at least on this topic I would ask that staff put together a letter and that we try to get all of Council's signature on that letter, so that it can be -- go along to the meeting with staff or in advance, so that they see that this -- this is a huge issue from our perspective on this and, quite frankly, I don't know where -- it would not be this way on any road improvement project in Meridian whatsoever, personally, unless it's designated by corridor in a way that bike lanes must make sense, but -- McClure: Mr. Mayor, it's -- I have heard this loud and clear, but I just would like to get a head nod, too. Is this just kind of the direction we would like to have on all of our future projects is we asked nicely last time, they -- they didn't explain everything, but they -- they chose to take some of it and not take some of it. Do we want to -- you want staff to push harder on this moving forward? Okay. Simison: From my perspective, yes. Unless there is a real explicit rationale why a bike lane must exist in this location or should and the multi-use just one hundred percent can't. You know, like Fairview. I don't know that a detached, multi-use pathway on Fairview would make sense in the current configuration with businesses. So, a bike lane on that may make sense. McClure: Okay. Simison: Outside of that, though, I don't know where it wouldn't. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just brainstorming here, but is there a more scalable way for us to convey our preference very strongly -- not just for this project, but perhaps a way that your office could reach out to ACHD or maybe members of the transportation committee to get involved or something like that, so we could try to, you know, kind of hit them a few different ways with our strong preference? Simison: Yes and yes. I -- the meetings I have held with the commissioners so far, two of them I have made this point. Honestly we have been saying this to ACHD for years and I -- it still comes back this direction regularly. McClure: Mr. Mayor, it's worth noting, ACHD is doing our preferred --ACHD is doing our preferred cross-section on the Eagle Road widening from Victory to Amity, so they are willing to do that in some cases. I don't understand them fully -- the rest -- not always, but definitely for that. Perreault: Mr. Mayor? Bernt: Mr. Mayor? Meridian City Council Work Session February 25,2020 Page 20 of 21 Simison: Council Woman Perreault. Perreault: I am not really familiar with -- with the partnering that the city does with ACHD and what -- what the players do in these scenarios and so if you could maybe go to a more basic level and help me understand. Is this -- this is a project that ACHD has planned and it's in their budget and they are coming to the city and they are -- they are discussing our -- or asking for our preferences or what's -- what's the role of the partnership and what does that look like? McClure: Mr. Mayor, Council Woman Perreault, this project has been planned out for several years. It's now towards the end of design phase, so we are really late in the game to sort of be having this conversation. Logistically it would be difficult for ACHD to pivot now. It doesn't mean it's impossible. Typically ACHD fronts all the roadway and transportation related improvements for projects. So, curb, gutter, sidewalk, asphalt, striping -- all the basics. They will patch back buffered areas, things like rocks. They will not do landscaping of any kind and they will not replace landscaping of any kind, except to do like turf rehabilitation where they have messed it up sort of thing. Anything above the basic transportation projects identified in our capital improvement plan, their integrated five year work plan, we rely on partners to do that sort of stuff. So, if we wanted to do landscaping, if we had a pathway that required extra sidewalk, it's -- there is -- it's something up above and beyond what their typical cross-section is and they would expect the city or someone else to partner with that project. Does that answer the question? Simison: Were there any other questions or comments on the rest of this project that you think would be worth having at this time? We are 95 percent designed, so I think we are limited in what we can really impact from that standpoint, but at least this is one that potentially we could. Okay. With that we will say thank you and if-- any time frame when you think you need to get a letter drafted up. McClure: I will coordinate that with Caleb tomorrow. We will see if we can get something drafted and send it to your office for review. Simison: Okay. Hopefully we can have it here next Tuesday for Council's signature and that's -- if we can get it out in advance, they can review of they have any questions, but I expect it to be pretty simple from that standpoint. McClure: Thank you. Simison: Thank you. Okay. We have reached the end of our agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Meridian City Council Work Session February 25,2020 Page 21 of 21 Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. Any discussion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 10 20 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK