HomeMy WebLinkAbout2003 01-14 Pre
Meridian Citv Pre-Council MeetinCl
Januarv 14. 2003
The Pre-Council Meeting of the Meridian City Council was called to order at 6:00
P.M. on Tuesday, January 14, 2003, by Mayor Robert Corrie.
Members Present: Robert Corrie, Bill Nary, Keith Bird, and Cherie McCandless.
Others Present: Bill Nichols, Kenny Bowers, Gary Smith, Mike Worley, Stacy
Kilchenmann, Janice Smith, Pauline Skeggs, Brad Watson, Steve Siddoway, and
Will Berg.
Item 1.
Roll-call Attendance:
X Tammy de Weerd X
X Cherie McCandless X
X Mayor Robert Corrie
Bill Nary
Keith Bird
Corrie: (Inaudible) the Meridian City Council at 6:00 P.M. and have roll call
attendance please Mr. Berg.
Item 4.
Ten Mile Interchange Report:
Corrie: What we will do we will make a little change here. We will have the Ten
Mile Interchange Preliminary Concept Report first since Susie has not arrived yet
if you would like to Chief.
Worley: Hi Mr. Mayor and Members of the Council I just talked to Susie on the
. phone and she's stuck in traffic on the freeway. There's an accident out there so
I'm not sure when she'll get here.
Corrie: Okay we'll wait for her, thank you, Steve.
Siddoway: Thank you Mr. Mayor and Members of the Council. We're here
tonight to present the findings of the Ten Mile Interchange Report. On December
26th, you all should have received in your boxes copies of the report. It basically
comes in the form of three booklets. The first of which is the actual Preliminary
Concept Report where they look at the pros and cons of their top four
alternatives. The Demographic Analysis shows - is the foundation for the other
two reports showing the demographics for the area, and what their projections
are. The third one is the Traffic Analysis, which is a Traffic Study that includes
traffic projections for 2010 and 2025. The project was completed and we have
Earth Tech here to make the presentations to you on the major findings of that
study so I'm going to turn the time over to him at this point. If -- I haven't seen
Eric Davis, but if he shows up he may have a few concluding remarks as well.
With that, I'm going to -- I have some copies of this presentation, which I'll pass
out to the Council Members and turn the time over to time over to them.
Thompson: Mr. Mayor and Members of the Council I'm Dan Thompson. I'm with
Earth Tech and our business address is 3071 East Franklin Road in Meridian.
Meridian City Pre-Council Meeting
January 14, 2003
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Just to kind of tell you why we got three volumes is that basically the Preliminary
Concept Report was the gist of what we were trying to get to but we couldn't get
to that until we did the Traffic Analysis that's why we spent a lot of time on that.
We couldn't get to the Traffic Analysis until we did the demographics so we're
trying to get back in reverse order. You obviously, as you recall I was here
previously on some other occasions and we did discuss basically the
demographics report and the traffic. We'll briefly touch on those but focus mostly
on the Preliminary Concept Report at this point. Basically, the people that are
involved from financing the study are Retail West, the City of Meridian and
Eastborn Investment Limited is what they are (inaudible). As mentioned, the
Demographics Analysis was done by John Church of Idaho Economics. This is
what we have with the existing demographics and the COMPASS 2025 model.
Basically, this is in the area and the four quadrants around it there were a half a
dozen Traffic Analysis (inaudible) as you recall. We had about 7,400
households, about 600 retail employees. They're estimating about 2,000 office
employees, 900 industrial employees, and about 550 government employees. At
the request of ITD, they asked us to review the demographics and see what
really would happen out there. With the next slide what we're kind of seeing is
based on the estimate of John Church using models of some of the other similar
areas in the valley we're seeing basically an increase of about 4,000 households,
about 5,000 retail employees, 3,500 retail employees and about 800 other
employees. Just to put it into a perspective the total retail employees if we kind
of work backwards, it comes out to about 1.7 million square feet of retail space,
5,500 office employees that comes out to about another 6 or 700 square feet of
office space. The next slide please. We took that data, went to COMPASS, and
worked on our trip generation. They determined how many trips are going to be
interacting between the different Traffic Analysis zones. They're going to take
that traffic and distribute it between the zones but they do it on a daily traffic
basis. Our problem is we have to do our study on a peak hour basis so we had
to take a peak hour, or daily traffic, and convert it into a peak hour. We did kind
of focus on the interchange. We did discuss some of the other areas but our
focus was on the interchange and our goal is to make it work. If there was,
something that we felt wasn't functioning, we add a lane whatever we had to do
to make it work, and that's where we ended up. The next slide please. Probably
two of the critical findings of our analysis is that we did determine that Interstate
84 is going to require three lines by 2010 and will require four lanes by 2025 with
our without a proposed intersection. This is also consistent with the findings of
the 1-84 Corridor Study done in 2000 (inaudible) by COMPASS. What was good
to see was that the traffic on both Meridian Road Interchange and the Eagle
Road Interchange was relieved by this interchange construction of that. That
gets us to our Preliminary Concept Report. What we do is we take those
alternatives and actually do a conceptual design in probably more detail than is
normally done but ITD is very concerned as well as Eastborn and the other
parties are very concerned about having a very good control of the cost. We
probably did a more detailed design than would normally be done at this stage.
We want to look at any issues that might be involved with each design and
discuss those. Then want to prepare a conceptual cost estimate to hopefully
have a good grasp on it and look at any environmental issues that might be
created from (inaudible) then from there prepare a report. With the cost
Meridian City Pre-Council Meeting
January 14, 2003
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estimate, they want to include as many elements as we could think of. We
included sound walls and we included all the (inaudible) that would be necessary.
The structure is as best as we could estimate them at this point is there anything
you could think of relocating a (inaudible) is to try to include as much as possible
(inaudible). Next slide. The first one we looked at was the standard diamond
interchange that we discussed. The red line if you can see is proposed or
estimated right of way, which would include (inaudible) required for any fill that
we would require on that. As you can see in the southwest corner of this option,
thank you, it has a significant impact on that neighborhood in there. Other than
that, it's basically a standard type interchange that people would expect to find
there and the next slide please. You're probably going to notice that we did have
some change in the numbers on this compared to what you have in your report.
That was basically because while I was traveling on vacation my boss reviewed it
and at this stage there's always going to be different opinions and since he's the
boss his opinion won. These will change slightly and I will issue a preliminary
addendum to reflect that. In the diamond, interchange construction costs are
about 10 and a half million and right of way costs of about four million. Other
costs which includes the engineering, just other factors that ITD has in their
estimate form and all those costs. Again, the standard type of construction is
something that the drivers expect to see and they recognize it. Most of the right
of way in this option is undeveloped with the exception of the southwest corner
and that is one of our major disadvantages for this option. The other major
disadvantage is the location of Tasa Drive and Overland Drive. Tasa Drive is
probably very close and you'll probably have to have restrictive movements.
Overland is close enough (inaudible) be a little problem getting a signal at
Overland Road that worked with the signal at the off ramps. Next, slide please.
The next option we looked at was what we're calling the offset diamond and what
we did was to move that diamond just to the east. We moved it to the east of the
farm located on Overland Road. There's an assumption that there's some
historical buildings in that therefore we kind of try to avoid those. We still in the
southwest corner do have an impact on that. Other than that it's still standard -
pretty much a standard interchange. If we could go to the next slide. The cost is
again about 10 and a half million for construction the right of way a little less and
other costs is comparable. We have considerably fewer relocations involved in
that which makes this advantageous. Again, it's a standard type of construction
it doesn't violate any driver expectations. There is a lot of available right of way
involved in that. Some of the disadvantages we have a longer structure that
means it needs to be quicker as well as it's going to be more expensive to do
that. Again, we still have a problem with the location of Overland Road.
Probably one of the main concerns with this one is it's got (inaudible) of
disconnect on Ten Mile Road. People are going to have to come and take a
(inaudible) 90 to go straight through. The analysis level we had didn't really
indicate any operational problems but it's generally not considered a good thing
to create a disconnect if you can avoid it. We'll go to our next one. This is our
what we're calling a modified leaf a modified cloverleaf is what it would be. It's
modified because we just have it in one quadrant we don't have all four
quadrants (inaudible) out there. Again, this also is a typical type interchange
that's very similar to the Overland off ramp over near Cole and Overland up
there. If we go to our next slide construction cost on this we're looking at about
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January 14, 2003
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9.3 million in construction, about three million in right of way and about another
one and a half million in other costs. We still do have so many location costs,
which is one of our advantages. The eastbound off ramp loop kind of creates a
nice even flow and that is a major movement on this so it creates a nice even
movement to get cars in that direction, One advantage I guess is we don't need
the - the only other one that we probably warrant a move would be the
southwest quadrant and that's the house in the canal and everything to kind of
preclude us looking at that option, Some of the disadvantages we've got a little
more right of way required. Again, we have a longer structure because we're
going to have to have the off ramp lane included in that and then the location of
Overland is still a problem at this (inaudible). This is our favorite one just
because it's fun I think it's a preferred alternative here. This is our offset skewie.
Remember our skewies are single point urban interchange. If we could go to the
next slide, I guess we'll just look at that. Again, a construction cost you see is 13
million. Right of way costs are about 1.7 million and other costs we've got 1.8
million. We only have -- estimate only one relocation with this alternative, which
is actually an advantage, which we did mention on there. Other major
advantages listed is we can set the signals so we have signals at one third mile
spacings which works very well for traffic operations. The disadvantages are of
course the cost. We have many more structures involved with this one and we
do - since we're - we'll have opposing left turn movements on the off ramps that
there will be an increase delay on the ramps we think we can handle but
(inaudible). One of the things we kind of looked at in each one and is very similar
in all of them is we are talking about 13 million and it just doesn't. seem that
there's that kind of money available to construct it here in the near future there's
a possibility of phasing. One thing we can do is construct part or a portion of the
bridge. We would need anywhere from five to six lanes to cross the bridge we
could actually construct three maybe four at this time. Then when the traffic
warrants we could add on (inaudible) put turn lanes on the off ramp would reduce
some of the (inaudible) requirements. We did - phasing it would resolve as an
overall increase because we would have to have two construction phases there.
Our basic feeling was is that there's probably not a significant savings in doing a
phasing but that's something that we could probably be looking at in the future if
you decide to go on with this process. The next slide please is what's next. It's
currently under review by lTD. I did talk to them today they are expecting a
completed review by the end of the month. It's my understanding it would be
reviewed at the district. They are fully on board they've been brought up at all
our meetings. They are understanding and I'm sure they'll have some comments
and there should be no real surprises on that part. I think that taking the steps
that Eric gave us would be involved in the (inaudible) of these maps and things,
going to some of the existing owners and talking with them to make sure they
have an understanding of what's going to be happening. Make sure there won't
be any surprises that they read about in the paper or hear about from one of their
neighbors. We do plan on having a public meeting and presenting this probably
many of the displays we're looking at here. If everything goes well and things
work out they're will be some negotiations with ITD between Retail West and ITD
as to how we want to proceed next. Can I have the next slide please? This is
just one last one. These are the owners. You know you can see we've
numbered all the parcels on there that could be involved with this. I think there
Meridian City Pre-Council Meeting
January 14, 2003
Page 5 of 21
are up to 18 of them and they will be all contact (inaudible) and somebody stated
they will not be involved but there's some - at least they got something to work
with on that. Finally, I guess the next step if everything does proceed as we
proceed on to our new interchange at exit 42.
Nary: I thought that was the years it would take to get it going.
Thompson: I guess that does bring up a timeframe. A lot of it does depend on
the environmental issues left better uncovered. At this point, we don't - our
preliminary stage really didn't show any of them typically thinking to avoid any
relocation or anything like that you think that would significantly reduce the time
required for environmental approvals. Environmental (inaudible) is almost
always a hang up. If we can get everybody on board and keep everybody going,
we're probably looking at a year of design time and probably about an 18-month
construction period. That would be a very optimistic timeframe. I can answer
any other questions you would like.
Corrie: Questions.
Bird: I have none.
Siddoway: Mr. Mayor.
Corrie: Good, yes.
Siddoway: I was just going to point out Eric Davis is here now and he would like
to wrap up with just a few closing remarks if there's time.
Corrie: Okay Eric.
Davis: Could you back up to the last one? Thanks Steve. Mr. Mayor and
Council thanks. We were late coming in from - it's raining out there and traffics
all backed up. We, just to back up on this Mike Ballantyne and I have been
around now we've made it a point to try get to all the neighbors before this skit
takes it's next step. Earth Tech has given us about eight steps that they have to
go through that are you know sort of prescribed by ITD and the full formal
process of (inaudible) highway. We didn't want to have that take on a life of its
own before the neighbors really knew what was going on. We have been in
living rooms, restaurants and all kinds of places with about two thirds to three
quarters of the ownership there on that map. We have had unanimous support
except for one and we're going to make a second call because we just think
there's more information that's available now. It's really encouraging and some
of the people that are pretty experienced in both the transportation venues
around here and people experienced in real estate Investment that's really
encouraging. I wanted to pass that on not to get into a lot of specifics. The other
thing we'll do after we talk to the neighbors this first week or two of the year I
think we'll finish it up the middle of next week. Then we want to go around to
ACHD, COMPASS, and ITD and actually make sure that we have full support in
all those grooves so we don't get to the finish line and have a surprise. Then I
Mertdian City Pre-Council Meeting
January 14, 2003
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want to have a meeting with ITD - with the property, owners and ITD
Representatives maybe right here some night if we can use the room. Let the
property owners meet each other, ask each other questions and ask ITD
questions about the liability of this dispel anything that they might think is an Eric
Davis, Mike Ballantyne and Earth Tech story. Here it from the horses mouth. I
want to get the full, momentum, positive momentum and full consensus before
we ask for contributions and so far it's just been really good support. One last
item it's not really on. interchange it's the sewer. There was a little bit of
confusion on the invoice and Eastborn's cost of the study. I've brought a check
for the full amount of that invoice and I have a copy for you Gary. It's attached to
a letter to the Mayor and what Eastborn is asking is some consideration that you
know here's - you know they've paid almost 19,730 dollars for the JUB phase
with one study and asking that that be considered as either a reimbursable item
or a credit against future costs. When it comes time to formalize the financing
structure of that sewer system, there will be participation of some sort by property
owners to tie on. We thought that paying this up front money might be
recognized later on. Gary was good enough to give us some support and said
that that would take Council action some time some how. It's not on the agenda
or anything but, I wanted to clear the slate of that because there was a little bit of
confusion and it's over so thanks.
Corrie: Okay thank you Eric. Any questions or - anybody have.
u
Nary: And I'm not sure Mr. Davis can answer this question or Steve but we've
been trying and working through both COMPASS and ACHD. They're working
with ITD about trying to get the Locust Grove Overpass built. They're the same
folks we have to work with to get this going and I don't know if there's any impact
that one may have on the other. I know we're trying to get the . Locust Grove one
moved up further and I don't know Steve, if you have any thoughts as to is there
any impact to the city in trying to get both of these projects done through both
ITD and (inaudible) at the same time? How that's going to impact funding,
priority, and all of that.
Siddoway: Mr. Mayor and Mr. Nary I have not had that conversation specifically
with ITD and ACHD. I don't - it's a valid question because we've been
postponed several times with Locust Grove and we're trying to move it up. We
would hate to have one postpone the other. Did you have some input on that?
Thompson: Basically, -- Dan Thompson with Earth Tech again. It's just basically
as you have seen that the projects can get shuffled around there but I don't really
believe that this one would have an impact on Locust Grove. It's my
understanding that Locust Grove that that is basically funded by the state and
this one is going to have basically some private participation, which would be a
huge help towards getting that on the project. This project is currently not within
the state transportation improvement funds.
Nary: Thank you.
Corrie: Okay thank you.
o
Meridian City Pre-Council Meeting
January 14, 2003
Page 7 of 21
Siddoway: Thank you.
Item 3.
Tabled from January 7,2003: Update on Prosecuting Attorney
Service:
Corrie: I guess the next one we move back up to the update on the Prosecuting
Attorney. Glad to see you're here in one piece Susie.
Mimura: Mayor and Council for the record I'm Susie Mimura I'm the City
Attorney for Boise and that we have been providing, as you know based upon
your Council actions under contract your prosecutorial services and your legal
services to the Meridian Police Department. I have provided you with - we put
together a pamphlet for our first quarterly report to you. We started doing your
prosecutions at the beginning of November although we started transitioning and
getting your boxes and your files from White Peterson back in October. To
outline what our service, what you've contracted for services. You've contracted
for criminal, prosecution of misdemeanors and infractions that occur within your
city limits. You've also contracted with the City of Boise for victim witness
services not only for your domestic violence cases but you've also asked us to
provide on call service. If a police officer in the street comes upon a scene for
domestic violence and apparently in one particular case on a suicide here in
Meridian that they had the ability to call our victim witness unit and have
somebody respond to help the family or help the victims in those matters. You've
also asked us to implement a diversion program for Meridian under the juvenile
accountability grant funds and so I've outlined to you what we have done to date.
To summarize we have teams that provide legal services in the Boise City
Attorneys Office the team that is providing the conduit for the Meridian Police
Department's services is what's called the public safety team led by Elisa
Massoth. Lisa's covering the Boise City Council Meeting tonight and she was the
team leader, you've met her at the prior meeting. She has on her time, Allison
Sticklets-Tate. She goes by Tate I made her put Sticklets on there because
that's what her bar license said for a short period of time. Allison is the Assistant
City Attorney that is assigned to the Meridian Police Department. The Police
Department provided an office space down in their patrol division so she's readily
available and accessible to the officers. She currently is housed out in the police
station here two days a week and Allison is seated right there. Allison comes to
us with background at the Attorney Generals Office where she served in the
criminal division doing a pellet work and review work so she's a great asset to
both of our cities and in fact has provided recent training to all of the police
officers on search and seizure. Further, she is providing an on call service for
Meridian Police Department so if they have a question in the street as to do we
have enough to make an arrest or what's the proper code section that we should
use they have her available to them 24 hours a day, seven days a week. When
she's not available the rest of her time covers for that on call service. She also
reviews and handles property disposition matters. For instance, if you have a
local store where there has been some items taken there in the evidence log or
they need to be disposed of as well as firearms which have particular sensitivity
because there's federal regulations. She reviews that and helps in the proper
Meridian City Pre-Council Meeting
January 14, 2003
Page 8 of 21
handling and distribution of those properties. She is currently assigned and
working on a draft for your consideration in the future at Chief Worley's request
for a Meridian School Zone Ordinance. I expect that it will look much different
than Boise's however as that, we've told you before we're not trying to provide
services as we would expect Boise would do it but what you want us to do.
Statistically, we received 65 boxes from White Peterson. We went through every
box and we went through every file. The legal secretaries reviewed on the
computer to see whether or not those in face were active files or dead files. We
were able to immediately archive 51 of those, put them in order, put them in files
and return them to the City of Meridian so that they could be properly archived.
The way that we put that together you should be able to locate, retrieve, and give
it out to the public if they should ask for any particular file. We receive 1,522 total
criminal cases, which also include 288 closed cases. We received from the
Meridian Police Department reports and citations that we hand entered into a
database so that we can track how many cases are currently active and where
they are as far as status, the number there is 1,278. We have 905 active cases
being currently prosecuted, which are misdemeanors or infractions and there
were 373 departmental reports where no cases were filed, which include 60
where the prosecution was actually declined or deferred. The victim witness
services that are provided by Tina Perkins and her team. Both Chief Don Pierce
and I jointly manage the victim witness unit and Tina is the supervisor over the
unit. She has assigned an individual, a victim witness coordinator Robin Fischer
as the Meridian contact and is also cross training a new part time victim witness
coordinator Lisa Norton to provide additional services. Lisa will be out at the
Police Station every Friday morning and she coordinates with the Police Officers
as well as Allison as to what are the ongoing cases. How are we serving those
victims in Meridian? As you see in the middle of your pamphlet, statistically the
number of cases so far that we've opened there are 32 total cases 20 of which
are still active. Seven are inactive or closed cases. One has been routed to the
County for felony review because we believe that it should properly be looked at
for felony as opposed to misdemeanor domestic violence case. Four are in the
screening review process, two prosecutions have been declined and there have
been five call outs for the victim witness coordinator. The type of cases that the
coordinators also are providing services to Meridian, there are 25 domestic
batteries, two stalkings, two indecent exposures, two violations of no contact
orders and at the request of the police chief and myself there is one barking dog
howling case which is taking up quite a bit of staff time and we are hoping that by
use of the victim witness coordinator they will be better (inaudible) as to the court
proceedings, the proper dates the court trials are currently set and what to be
prepared for. As far as training already two months is what this quarter actually
entails is November and December, We have provided records training to the
Police Department and the records custodian, which was a full day training
provided by myself as well as Tony Smith the records custodian for Boise Police
Department. We provided them with a manual and have indicated to them areas
where they may want to look at policy changes or to bring to you as Council
members as to what you would like to happen as far as releases. There are
certain standards or even the cost that you may want to contemplate as a
Council. We also provided the records custodians and the police administrators
that attended that training your ordinances that actually apply that are currently in
Meridian City Pre-Council MeeUng
January 14. 2003
Page 9 of 21
place here in Meridian. Allison has provided search and seizure training and we
also are providing the Police Department with timely training bulletins. The last
training bulletin was more like a minnie book because we covered not only the
State court of appeals Supreme Court decisions but we also cover the night
circuit the Federal Supreme Court and if there is applicable district court holdings
that are published we also provide those in the outline. The juvenile
accountability services, I know that Steve Minnice who is our Program Manager
and Matthew Haines the juvenile accountability coordinator have met our here
with Police Chief Worley and have made some strides in beginning the
implementation of you r program. They have passed to me the questions that
they will be asking the applicants that they are looking to hire immediately.
Another juvenile accountability coordinator that will be out here in Meridian
meeting with your parents and teens that are caught with alcohol and tobacco
violations. I have put a summary on the back side of the services that have been
provided since November first and outlined our efforts in trying to provide you
with a high level of service and also try to put together a summary of what we
intend to do for the next quarter. We will continue our training efforts we will be
hiring a JA coordinator to be assigned to the Meridian Police station where they
will do the interviews with the parents and the teens or juveniles. We will
continue to prosecute your criminal cases with the same energy and the high
standards that we have for our Boise caseload. There is a new opportunity, the
trial court administration has hired Judge Castleton a retired judge to put a new
calendar on the fourth floor called family violence court and we will be covering
that court on behalf of Meridian in DV cases that will be slated for that court
session. The next quarter we will also be hopefully be reporting to you customer
satisfaction. I am in the process of looking at some measurements or survey tool
that we can send out to our customers, the police officers in the street, the
victims, your JA participants and be able to report to you what the level of
satisfaction of the services we are providing. We will also be asking you to
contemplate whether or not you want us to participate on your behalf in the
amnesty program. Meridian in the past has not. We have through the month of
April for the last four years have allowed people to come in payoff their fines in
court costs for contempt warrants or PD warrants where the only condition that
has put them in violation of the law is failing to pay those fines and court costs.
And if they pay them all off the entire amount, we quash the warrant and close
out the case. In doing a recent review by our internal intern that we had this
summer, we have been able to show that Boise actually peaks every April in the
fine distribution and the amounts collected off of our traffic fines and court costs
in April every year. Which I find is a good sign because most people are worried
about paying their taxes and they let those things go but we actually see a peak.
The last thing that I would ask is that if you have any questions feel free to give
me a call or any of the team leaders. My phone number is on the back. I've also
included, Lieutenant John Overton was gracious enough to send over an email to
Alisa and Allison thanking them for th~ training, and I have provided you with that
because I'm not sure you get copies of information and I thought that would be
valuable to you. I'll stand for questions if you have any.
Corrie: Thank you Susie. Nice report.
Meridian City Pre-Council Meeting
January 14, 2003
Page 10 of21
Mimura: Thank you.
Corrie: Any questions of Council?
De Weerd: Mr. Mayor.
Corrie: Mrs. McCandless, but I'll let Tammy go first.
De Weerd: I would just like to compliment you on this. This is very nice
presented to us. It's nice to be kept appraised as to what's going on and it's a
very pleasant change.
Mimura: Thank you very much, we are really pleased to be working with the
Meridian Police Department and I'm real excited by the fact that they have been
so receptive and so positive to the. services we have been providing and that
speaks very well for the chief and his staff. We felt very welcomed. I know that
Allison has been thrilled. I went out and looked at her office and I said I'd like this
office I'll trade with you. And she won't take me up on the trade but we are
warmly received in the trainings, they have been very vocal in telling me how
much they appreciate the service level that they are being provided. We have
been contacting a number of witnesses. There Was a few DR's that had
apparently not been acted upon from the summer and we've made personal
contact with those victims and those witnesses getting everything caught up. We
feel that we are right now caught up, current, and acting upon cases that are
coming in on a daily basis.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: Chief is there anything from the Police that you wanted to add to that or
anything on their perspective? I didn't want you to fee\left out.
Worley: Thank you Mr. Mayor, members of the Council, Mr. Nary. I can only say
I just echo what Lieutenant Overton put in his letter we have been very
impressed with the level of service. Allison is just more then readily available to
anybody who needs her assistance. They've even gone out of their way to the
extent that last Sunday when we had our homicide. Initially we were unable to
contact the Ada County Victim Witness coordinators and of course we had a
fairly extended family. We were calling Boise and they were more then willing to
come out and help us with that, we finally did get Ada County out but it was over
and above the call of level of service we were very impressed with them.
Corrie: Okay anything else from Council. Thank you Susie, great job. Thank
you very much. Next we have the Mill Levy, do you want to do that one next or
do it last?
De Weerd: We can do it last.
Mertdlan City Pre-Council Meeting
January 14, 2003
Page 11 of21
Item 6.
Discussion of Existing Deferred Compensation Plan:
Corrie: Okay. Discussion of existing deferred Comp Plan. I think we can have
that one very quickly. Janice.
J. Smith: Thank you Mayor and Council members. You received in your packet
some issues that we have on our existing deferred comp plan. And I did get a
copy of this to our city attorney. I'm sure that he probably didn't have time to look
over it but our existing deferred camp plan and resolution needs to be updated.
Federal Laws have changed and the rights of the employer and participant on
our existing one do not meet these laws. We as a trustee versus a plan
administrator, we would like that changed. There are also limits on our maximum
deferral amount on 457 plans and also a big issue that I have is on the
withdrawal being on the payroll side and accounting side of it. Withdrawals we
have three former employees that are no longer with the city but we still have to
manage their money if they decide to take it out. We did have one former
employee that was disabled, he wanted to take it out, and with our existing plan,
and we had to tax him 20 percent. If we get this updated he could've moved that
over into a roll over and worked with that because that is quite a hunk of money
when he's trying to use that for retirement. That's kind of hitting the top part of it
without going into detaiL We have been working with our agents that handle the
American funds at Waddell Reed but the first American funds they do not have a
plan they would like the City Attorney create or update it. Waddell Reed they
said that they have one but they don't have it yet but that has been over a month
ago and we still don't have it. The other option we have on Page 3 is to freeze
these two eXisting plans and we would like to go with the VALlC Plan, which
would, signing this contract would cover all the federal laws. I think I have a copy
there. It would be the adoption and the services agreement. We did have our
HR, she went ahead and our committee reviewed it and she did go ahead and
sign it because we wanted to make sure the city was in compliance for year
ending 2002. At this time we want to freeze the employees accounts that are on
the other two plans. Our option is they can put that money into our 401 k plan
that is with PERSI choice so they would still benefit on the deferred taxes.
Another thing that we are looking into is if there are any fees to roll these over
into a VALlC Plan. We don't have that information at this time. Would HR have
any input on this?
Skeggs: In the old resolution 142, which we are out of compliance several
components. What VALlC did is just give us a new plan document that we can
utilize to bring us into compliance for the plan year 2002. Right now the way that
the current 457 is it's set up as the city that administers it. They are the trustees
it is actually our plan versus have somebody else administrate it. Switching over
to VALlC, they become the Plan Administrator and do all the paperwork and the
process and the employees actually work directly through them. Where currently
they have to work through our accounting department and we manage the funds,
the funds are considered City funds instead of the fund that the employees put
into the accounts and so what we are trying to do is come into compliance that
we - unless we get it signed off we are still in compliance with resolution 142
which would have to be updated. Versus the new VALlC plan that would bring
Meridian City Pre-Council Meeting
January 14, 2003
Page 12 of21
us Up into compliance, like under Resolution 142 it says that it talks about I guess
the individuals that are the trustees, they are no longer even here at the city.
You are talking about Grant Kingsford, Jack Niemann and then Janice is the only
person still at the city versus the other individuals listed in that resolution. I'm not
sure if any Council Members have had an opportunity to read that. Also another
area is the maximum amount of contributions under resolution 142 it says the
maximum amount is 7,500 where the new laws and resolutions have changed
from plan year 2002 it was 11,00 but we would still only be allowed to have
employees contribute 7,500 according to the resolution. Going with VALlC in
signing that agreement it would bring us into compliance for year 2002 where the
maximum amounts would be the 11,000 dollars. Are there any questions?
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: So what would you like us to do, do you want us to say go ahead and
bring these back? Is that the intent because it makes perfect sense to me
although I would note Pauline and I read in the resolution there was a method to
replace the plan administrators in the resolution. Was that not done?
Skeggs: It was never done.
Nary: So Janice is the only one off of this plan.
Skeggs: Janice is the only one still that was the Plan Administrator.
Nary: But I mean basically are you just looking tonight for just some direction to
come back basically to bring a new resolution (inaudible)
Skeggs: Exactly so we can be in compliance and so in order to do that if we
adopt the agreement from VALlC that will automatically bring us into compliance
and it will give us the opportunity to look at the other options available to let
employees know that we are no longer in compliance that we are no longer the
trustees we are switching over what this means to them. They will sit down with
a VALlC representative to see if they can roll their monies into a different
account. And if they are we have to look at if there are any penalties or right now
for payroll deductions we have to freeze the payroll deductions for January until
we decide what we want to do for this year which we would give the employee
the option if they wanted to roll the money they are already putting into a 401 k
plan until you know we have an agreement as to what we are going to do, what
plan we are going to put in place. We are still trying to gather-
...End Of Side One...
Skeggs: -- we can do this. What we are trying to do now is just make sure that
we are in compliance with the law because there are penalties from the IRS if we
are not in compliance. That is the whole purpose of getting that resolution
processed through,
. Meridian City Pre-Council Meetlng
Jenuary 14, 2003
Page 13 of21
Nary: It sounds to me like that's what we need to do.
Bird: I agree.
Nary: It's not like there is an alternative. I mean we need to do it. I assume we
need to do it within the next 30 days. Right we don't have the agreement here.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, members of the Council. One of the attorneys in our firm,
Phil Peterson, is one of the few attorneys in the state that does employee benefit
plans like this retirement plan and I got a copy of the resolution. I didn't have a
copy of the VALlC agreement until I got my packet but I got a copy of the
resolution to Phil to look at. I'll have him review the V ALlC Agreement it just may
be that VALlC has a form type resolution that they like to see. We need to ask
them, if you would please, whether they have some kind of a checklist or form
resolution that they prefer for these types of plans so that we can add the
necessary things in the resolution when we redo it to go forward. As I
understand it from Mr. Peterson the law changed in 1996 and the deadline to get
things up to stuff was 1999 so we definitely need to.
Nary: 30 more days won't hurt.
Corrie: Okay lets have the attorney get that done. Anything else you need
Janice?
J. Smith: No that's everything thank you.
Item 7.
Discussion / Decision on MUBS Billing Directive:
Corrie: The next one going down the line here is the MUBS Billing Directive.
. Smith: Good evening Mr. Mayor, Council Members. Leslie Howard is here this
evening along with Rick Clinton and they have presented information to you
concerning this residential billing directive. Leslie put together a short letter
report along with doing some research on the subject as far as what other cities
in our area are doing on this matter, and along with a recommendation.
Hopefully you've had a chance to review all that information and both Rick and
Leslie are here this evening to answer any questions that you might have so I will
turn it over to them, thank you.
Corrie: Thank you Gary.
Howard: Mayor and Council. I hope that you've all read the memo that I have
submitted to you in regard to our billing directive and what I'm proposing is that
we reinstate the billing directive. Not that I stood behind your decision that was
Mertdlan City Pre-Council Meeting
January 14, 2003
Page 14 of 21
made back in April to do away with that. However with all the testimony that we
have received similar to Mr. Horton's and the research that we have done with
other cities. I propose that we reinstate the billing directive into the Billing
Department so that we can better serve our property owners that have properties
within the City of Meridian.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: Leslie I guess I'm a little unclear and I did read your memo and my
recollection is that when we made that directive to change the system was
because that was what your department recommended. It wasn't something that
we just came up with I mean it was something you recommended because the
staff time to get it accomplished was taking a tremendous amount of time and
there was no legal reason we had to do it that way and that was the reason for
that decision. I've read your memo but it doesn't tell me other then we heard Mr.
Horton's complaints, we asked previously to have a Public Hearing so that we
could hear those particular ones but it doesn't tell me what's changed. Is this
going to cost the taxpayers more internally for us to staff something to manage
something that we aren't legally required to do or is it really just a customer
service issue that we can provide better service to our community by doing that.
Your memo says that's what your position is, is that we can provide better
customer service but other then Mr. Horton we haven't heard anything from
anyone else so I guess I don't know why we would want to change it back
without knowing what the particular problems are.
Howard: Mr. Nary we have several property management companies that have
addressed to me the same problems or the same problems that Mr. Horton
brought up as far as having trouble managing his properties when they aren't in
town. I have several properties owners that live out of country. I have one that
lives in Italy I have several that live in Canada that manage their properties.
Another problem that has arisen since we decided to do away with (inaudible) we
are having property renters that are having their water turned off because the
property owner is either not getting the bill or they are getting the bill and not
getting it to the renter in time to get that paid. Their water is getting turned off.
We have a lot of renters that are in on turn off day upset because their water is
turned off for non payment and no one was notified they weren't notified the
property management company either wasn't notified. We're having a lot of
trouble with the bills being out there in limbo where the property owner isn't
getting them or the renter because the property owner has put in a forward
address and then - well they could of put in a property or forward their property a
couple of times and then so its out there in limbo and no one gets the bill, their
water gets turned off and then they are upset because this has happened.
Nary: My perception which might be wrong, but on the turn off list we receive
monthly it seems that the number of unpaid water bills has gone down in the last
year. Is there any relationship to that to this policy and if we changed it. Is it just
going to go back up?
Meridian City Pre.Council Meeting
January 14, 2003
Page 15 of 21
Howard: I think the reason for their decrease in delinquencies that you see is the
reminder notice that we have started sending out to remind those people I had
several people - its bright pink. They have made several comments that is really
hard to ignore that bright pink piece of paper when it's in a pile of bills and the
pink is what they see. I think that the reminder notices brought that down
substantially but we still have those problems where water is getting turned off. I
do know for a fact that we had one renter that got his water turned off two months
in a row because his property owner or management company didn't let him
know that he had an outstanding bill and he was in my office threatening my staff
- I mean he was angry, we really though he was going to come over the counter
at us and he's not the only one, that's not the only time that we've had someone
this angry come in because their water was turned off and there was
miscommunication between our office and the property owner and the renter
where no one had received the bill.
Nary: How many property owners have adjusted and changed the system
because we changed the policy a year ago but now it will be an inconvenience to
change it back.
Howard: Everyone has conformed or tried to conform to the change that we
made however we still hear management companies and property owners
wanting us to change it back because of the inconvenience to them.
Nary: But how many people does that mean? Is that 10 or is that 1000? I don't
know how many users of the system we have but is this a very vocal 10 to 15
people or is this a very vocal 500 people? I mean I don't know and your memo
doesn't tell me.
Howard: I would say it's a very vocal 50 people.
Nary: Out of how many users in the system?
Howard: 14,000 approximately.
Nary: And of those 50 people some of that is management companies so we are
talking in an apartment complex where it has 100 people or something like that.
Is that some of that 50?
Howard: Yes.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Leslie I appreciate the research you have done in contacting the
other cities and utility companies to see how they handle it and that's provided
some good background for what you are presenting. How has this
Mertdian City Pre-Council Meeting
January 14. 2003
Page 16 of 21
recommendation changed if any from the original way you were doing it previous
to this last change?
Howard: The changes we have made or are going to make is better is
information from the property owner has far as getting a notarized signature from
the property owner so that for certain we have the correct person signing the
form. We are also going to incorporate sending a reminder notice to the property
the service address as well as the property owner so each person is aware. That
the property owner is aware of the delinquent bill so that they can get a handle
on that before it gets really out of hand as far as a high water bill goes and no
surprises when their tenant moves out on them in the middle of the night.
De Weerd: As I understand it and I think Gary had mentioned that you were
getting feedback from a number of these people that you work with to develop
this recommendation and have you discussed this with them? Is this something
that seems workable because I do know how disruptive it is to an office
environment when you have angry people at your counter and I think we do this
not only has a customer service we do it has a employee benefit.
Howard: Sure. I believe doing away with the billing directive was more time
consuming to my staff then actually having it. Just due to the fact that the
property management companies and the property owners are calling us and
complaining about the process that we have decided to take and we spend more
time letting them know we understand their frustrations. However this is how
we've chosen to move forward and we can spend twenty thirty minutes on the
telephone with these property management companies just telling them the same
things over and over again and then when they are done with the staff they want
to talk to the manager so that I know that they are unhappy with what is going on.
De Weerd: Thank you Leslie.
Howard: You are welcome.
Corrie: Any other discussion? I will say that this is better then what we had
before. I also get a lot of complaints right after they get out of your office its easy
to walk across the hall and I've been trying to really go through this and see if we
we're a better service and to the people and the property owners and I really
think it's a good one. I appreciate that. The only question I have is to the
attorney, have you seen this Bill, I'm sure you have?
Nichols: Mr. Mayor, Members of the Council. Rick and Leslie have copied me
with drafts and information as they have gone along and so this is not the first
time I've seen it. They have actually we have corresponded back and forth in
terms of things that they are looking at. Their recommendation was not one that
was lightly arrived at, its been one that they have been working on and thinking
about easily for the last couple of months or so because I know that looking at
maybe changing back actually started back in October. They have been working
on it for a while, I've looked at it, and it does provide some flexibility. I think as
far as the collection goes having a delinquent notice also go out to the property
Meridian City Pre-Council Meeting
January 14, 2003
Page 17 of 21
owner is an improved process that will allow those folks to ding their tenants who
aren't paying the bill. It's an improved process overall of what was there before.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: Mr. Nichols wasn't part of the problem is the collection when the tenants
moved out and the problem was in the past system we didn't have a way to
collect it other then through a collection agency and that was the intent of
switching to this property owner requirements so that we didn't run into problems
with the (inaudible) we had a commitment from a property owner who was
responsible for that property if that water bill was paid and if it's a communication
issue between them and the tenant, my recollection, that was their problem not
our problem. How is this new system going to resolve that issue of collecting
after they vacate?
Nichols: Councilman Nary, Mayor, and Members of the Council. The issue of
the Grangeville case has to do with the ability to lien and I think what we are
looking at in the billing directive is before a bill gets sent to someone other then
the property owner the property owner has to say its okay to do so and if they
don't pay I will. Then it becomes a way to say we can't turn this water on for the
new tenant until you pay the old bill because it's clearly their bill. That's I think is
the advantage for the billing directive as far as the collection part on the old one I
think one of the problems we had on the old one was folks who sell their house
haven't paid their bill for a month or two and then what do you do with that one
and that is a little different issue then the tenant situation.
Howard: Mayor and Council. If we do incorporate the billing directive back into
the Utility Billing Department my plan is to do a mass mailing and make all
property owners resign a current form and have it notarized so that we have
current addresses for the property owner and current signatures to make sure
that we actually have that property owners signature and we're not getting a
tenant who went out into the parking lot and signed that homeowners name on to
that billing directive when they have come back into the building with it. Then
that way everybody is up to speed right from the very beginning. If they fail to fill
out a new billing directive, my plan is the bill goes directly to the homeowner if
they so not have a current notarized billing directive on file in my department.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council another that can be looked at is a
one time fee to the landlord. For example, Intermountain Gas charges landlords
up front a 14-dollar fee for doing a Landlords Agreement, which allows the bill to
go to the tenant. Then when the tenant moves out and they call for a termination
read the gas doesn't get shut off it just reverses into the landlord name but they
charge an up front fee for processing that agreement and entering it into their
Meridian City Pre~Council Meeting
January 14, 2003
Page 18 of 21
system. It may be appropriate when you look at your water rates again to
consider a fee for those landlords that want the bill to go to their tenants and to
have that kind of agreement so that you do recoup some of your staff time for
processing it.
Clinton: Mr. Mayor.
Corrie: Yes.
Clinton: One other thing I would like to answer is Mr. Nary had asked the
question about to what extent this would impact the staff. I'm estimating that it
would add an additional 20 hours per week to our staff load to go out and
physically padlock off the water meter every time we have a change of tenants.
And Leslie's estimate close to 20 hours a week as well. Even though she feels
like they can absorb that with the current staff they have but I don't think that I
can predict that long term we could absorb it without some additional staff
requirements.
Corrie: Okay other questions.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: I guess I don't have a question but I know the room is getting full and it's
getting a little late. I guess I'd like the opportunity to sort of think about all the
information that we've had and ask that we continue this matter maybe to next
week Pre-Council so we can have a little more discussion and some time to
digest the information. Especially I think Mr. Nichols has bought up at least
something to consider on whether or not a fee for that service is something we
would want to consider and then we would have a process we would have to
follow to do that. I guess I'd like to ask that we would consider continuing this
particular matter to our next Pre-Council Meeting next Tuesday.
Bird: I agree with Mr. Nary.
Corrie: Okay do you have any objection to that?
De Weerd: No.
Corrie: How about you Cherie?
McCandless: No.
Corrie: Then we will defer the further discussion until the next week's Pre-
Council Meeting then.
De Weerd: Mr. Mayor.
Meridian City Pre.Council Meeting
January 14, 2003
Page 19 0121
Corrie: Mrs. de Weerd.
De Weerd: I guess if Council would agree maybe we can add the Mill Levy
Adjustment Committee and discussion of the temporary building use by Rocky
Mountain Management to the end of our Regular Agenda.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I have no problem with the committee deal but I believe we got all the
applicants here for this Rocky Mountain Temporary Building, a person to do that
and it was on Pre-Council.
De Weerd: I didn't know we had someone here.
Bird: I think we ought to go ahead and take that. We are already 10 minutes
over our Pre-Council anyway.
Corrie: Council, want to hear it?
Item 8.
Discussion of Temporary Building Use by Rocky Mountain
Management at East Pine Avenue and North Eagle Road:
Corrie: Well let's hear the discussion of temporary building use by Rocky
Mountain Management on east Pine Avenue and north Eagle Road. Is that you
Brad.
Hawkins-Clark: Yes it is. Thank you Mayor, Members of the Council. I believe
you should've received two items in your Pre-Council packets. One was a letter
from Mr. Andrew Simmons with Rocky Mountain Management and the other was
a memo from myself kind of outlining this item. It did come out by Councilman
Bird at last weeks City Council Meeting so that's the reason it was put on to the
agenda tonight. Generally to summarize the request that was given to our
department was for a temporary facility to be allowed to go on to the lot that is at
Pine and Eagle Road. It's currently vacant it was a part of Presidential
Subdivision and its vacant to a parcel that does have utilities to it but the request
is to put a temporary facility there for I believe for a rather unknown period of time
but approximately 18 months it could be more it could be less. Simply what staff
of course just told them what the zoning ordinance regulations were which I've
summarized for you there? Obviously staff has no problem with the reasons that
were given and Mr. Simmons January tenth memo as to why a temporary facility
for Saint AI's is a good thing. It really does come down to the schedule of use
control and that it does require a conditional use permit. It fairly is a clear black
and white issue for staff in the Zoning Ordinance in our interpretation so we felt it
required a Conditional Use Permit. I outlined that in the memo and I guess the
main reason it was on here is to inform Council of why we were not allowing
them to just proceed with putting up the temporary facility on Eagle Road. I'm
not sure of what - you are not allowed to do a variance for a land use under the
Meridian City Pre-Council Meeting
January 14, 2003
Page 20 of 21
Zoning Ordinance. You can do variances for dimensional setbacks you know
bulk height etcetera but that use is prohibited under the variance so it did not give
them that option. I think more or less the only outlet that was kind of provided for
you was whether or not this could be called a roadside stand that was shown in
Mr. Simmons letter and then we did not feel that that was the definition of the
proposed Saint AI's facility. I'm open for any questions you might have from
staff's perspective.
De Weerd: I have none.
Corrie: Mr. Bird, do you have any?
Bird: I don't other then I believe Mr. Simmons is here.
Corrie: Is staff recommending this be approved just by the staff level, or are they
going to get a Conditional Use Permit I'm kind of confused here?
Hawkins-Clark: No sir it's Conditional Use would be what wewould require them
to go through.
Corrie: Any other Council questions? Do you want to hear Mr. Simmons?
Nary: Sure.
Corrie: Are you here Mr. Simmons? This isn't a Public Hearing but if you could
kind of give us some information on what you have there and give us your name
address just for the record.
Simmons: I'm Andy Simmons with Rocky Mountain Management and
Development. P.O. Box 15407 in Boise, My letter was fairly descriptive of our
purpose for requesting this. I guess I would just question just the interpretation of
the use. I'd argue that the use is allowed. The thing that is not mentioned is the
temporary facility to house the use. I might be splitting hairs here but my intent is
really to just shorten the process for everybody and save work for everybody.
Then when we came up with the roadside stand it technically does fit that
definition. I would just like to see us if possible defer this back to staff. We are
happy to comply with any reasonable comments that staff would require or
conditions that staff would require. Our intent is more to just save some time for
the Saint AI's people and save some work. Thank you.
Corrie: Okay. What does the Council? This is a discussion.
Nary: Mr. Mayor.
Corrie: Mr. Nary.
Nary: You know I guess I understand the motivation that Mr. Simmons has in
trying to get this facility going. You know I'm just not very much in favor of
shortcuts. I don't see a reason here - I don't see some extenuating meeting to
,
Mertdian City Pre-Council Meeting
January 14, 2003
Page 21 of 21
take shortcuts. Especially imply the fact that we really have language that really
requires that and I think Mr. Hawkins-Clark is correct. I don't think the variance
provision implies and even if it did, I don't think there would be grounds for it
anyway. I think that we do need to comply with our code. I don't think this would
be considered a roadside stand and that would be the only exception that would
allow it. I think otherwise we'll just have to make an exception just because and
everybody comes here and asks for that and we really don't like to do that so I
don't think the process is that erroneous to go through to get a Conditional Use.
It does take a little longer then just giving it to somebody but again I don't see
any reason in our code that fits what they would like to do and I don't see any
real reason to shortcut what we have just to for some convenience.
Corrie: Any other comments? Since that's the comment then that's our
discussion. Have Brad then will do the CUP.
Hawkins-Clark: Thank you Mayor and Council.
Corrie: Thank you. I would like to take about five minutes if we can to get
reorganized after we close this pre council. If everybody is agreeable then we
will move this Mill Levy adjustment Committee report at the end of the agenda, is
that all right with everybody. With that being said I will close the - I need to make
a motion.
Bird: I motion to close the Pre-Council Meeting.
De Weerd: Second.
Corrie: Motion has been made and second that we close the Pre-Council
meeting. Any further discussion? Hearing none. All those in favor say aye. All
ayes motion carried.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 7:20 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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~ORRIE, MAYOR
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