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HomeMy WebLinkAbout2011-07-05E IL~iA~l~3-- I CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 05, 2011 at 7:00 PM 7:07 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X_ Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by No One Present to Perform This 4. Adoption of the Agenda Adopted (Pg. 1-2) 5. Consent Agenda Approved (Pg. 2) A. .Approve Minutes of June 21, 2011 City Council Pre-Council Meeting B. Approve Minutes of June 21, 2011 City Council Regular Meeting C. Approve Minutes of June 28, 2011 City Council Meeting D. Agreement with ZGA Architects and Planners for Investigation and Construction Document Services for the Remediation of the Meridian City Hall 6. Items Moved From Consent Agenda None (Pg. 2) 7. Action Items A. Continued from June 28, 2011: Public Comment: Ordinance No. 11-1485: An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter 6, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (First Reading) Second Reading on July 12, 201'1 (Pg. 3) Meridian City Council Meeting Agenda -Tuesday, July 05, 2011 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Amended onto the Agenda: Resolution No. 11-795: A Resolution Rescinding Council Action Approving the Bittercreek Meadows Nullification Agreement; and Approving a Revised Bittercreek Meadows Nullification Agreement; and Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Authorizing the Mayor to Execute Certain Deeds and Direct Staff Actions to Carry Out the Requirements of Said Agreement; and Providing an Effective Date. Approved with a note that the funds will be released as part of normal City business and in accordance with City Finance policy. (Pg. 3-4) 8. Department Reports A. City Council: Budget Amendment for the Solid Waste Advisory Commission in the Not-to-Exceed Amount of $10,000.00 Approved (Pg. 4-6) B. Human Resources Department: Elected Officials Compensation Committee Motion was made and approved to accept the Committee's recommendation with the note to increase the size of the Committee to include a local developer and member of the Chamber of Commerce (Pg. 6-10) 9. Future Meeting Topics (Pg. 10-11) Adjourned at 7:31 PM Meridian City Council Meeting Agenda -Tuesday, July 05, 2011 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Meeting Julv 5 2011 A meeting of the Meridian City Council was called to order at 7:07 p.m., Tuesday, July 5, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jacy Jones, Jeff Lavey, Mark Niemeyer, Warren Stewart, Bruce Freckleton, Luke Cavener and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We are done with our special meeting. Thank you for waiting for us to start our regular meeting. For the record it is Tuesday, July 5th. It's 7:07. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in our pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by De Weerd: Okay. We have no one here to lead us in our community invocation. Item 4: Adoption of the Agenda De Weerd: So we will move to Item No. 4, adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On the agenda tonight we do want to add in under Action Items, Item 7, a 7- B, which is Resolution No. 11-795. And with that addition, Madam Mayor, I move adoption of the agenda as amended. Bird: Second. Meridian City Council July 5, 2011 Page 2 of 11 De Weerd: I have a motion and second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of June 21, 2011 City Council Pre-Council Meeting B. Approve Minutes of June 21, 2011 City Council Regular Meeting C. Approve Minutes of June 28, 2011 City Council Meeting D. Agreement with ZGA Architects and Planners for Investigation and Construction Document Services for the Remediation of the Meridian City Hall De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor be authorized to sign and the Clerk to attest. Bird: Second. De Weerd: I -have a motion and a second to approve the Consent Agenda. If there is no discussion by Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items Meridian City Council July 5, 2011 Page 3 of 11 A. Continued from June 28, 2011: Public Comment: Ordinance No. 11-1485: An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter 6, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (First Reading) De Weerd: So, we will move to Item 7-A, which is a continued public comment on Ordinance 11-1485. Madam Clerk, will you, please, read this ordinance for its first reading. Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian enacting a new section, Title 8, Chapter 6, Section 2, relating to performance and warranty surety for public infrastructure and providing an effective date. De Weerd: Okay. That was the first reading of Ordinance No. 11-1485. We will have it for the second reading at our next agenda. B. Amended onto the Agenda: Resolution No. 11-795: A Resolution Rescinding Council Action Approving the Bittercreek Meadows Nullification Agreement; and Approving a Revised Bittercreek Meadows Nullification Agreement; and Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Authorizing the Mayor to Execute Certain Deeds and Direct Staff Actions to Carry Out the Requirements of Said Agreement; and Providing an Effective Date. Approved with a note that the funds will be released as part of normal City business and in accordance with City Finance policy. De Weerd: As amended on our agenda we do have an Item 7-B, which is Resolution 11-795. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: This resolution that we added is one that rescinds a prior Council action approving the Bittercreek Meadows nullification agreement and approves a revised Bittercreek Meadows nullification agreement and authorizes the Mayor and City Clerk to execute, so on and so forth, and also -- so, with that, Madam Mayor, let me move approval of Resolution No. 11-795 and with the understanding that the funds would be released under the normal course of city business and finance policy. Rountree: Second Meridian City Council July 5, 2011 Page 4 of 11 De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. City Council: Budget Amendment for the Solid Waste Advisory Commission in the Not-to-Exceed amount of $10,000.00. De Weerd: Item 8-A is a budget amendment for the Solid Waste Advisory Commission, SWAC, in the not to exceed amount of 10,000 dollars. Mr. Nary, did you want to say anything on this budget amendment? Nary: Certainly, Madam Mayor, Members of the Council. This is a --this is a very good news budget amendment and I can turn it over to Councilman Rountree, because he's an ex-officio of the commission, but just for some background, as you know for a period of time in our recycling program we were not collecting any revenue, we were actually paying for the privilege of recycling and also the funds were also being used to do the hazardous material recycling that we do. Or, excuse me, disposal. Well, now the commodities market has changed and last month SSC, the city's provider, was able to acquire approximately 10,000 dollars in revenue from recycling. So, this is really spending authority for the commission and I think if -- if what I understand from the member in my office that's on the commission, what the commission is planning on doing is creating a -- essentially a template of requirements, side boards for these funds. In the past, of course, we used them for public projects for different things that were recycling related and I think that's still the intent of the commission and, then, at that point I think it's up to Council Member Rountree and this Council as to do you want all the projects to come in front of you for review as it's a recommendation from Solid -- from the SWAC, do you want the SWAC to have some authority to approve those with Council Member Rountree's sign off on those projects without seeing every one of them? I think it's kind of up to you and I don't know if timing wise you need to make that -- that particular decision tonight. This is just spending authority of the funds that have already been provided by SSC, but if that's kind of the direction that you'd like them to have that discussion and bring it back to you, I think that's probably appropriate to do that tonight. If I'm misstating any of that Council Member Rountree, please, correct me. De Weerd: Thank you, Mr. Nary. Mr. Rountree. Rountree: Madam Mayor, the advisory commission has this problem that we all wish we had and that's unforeseen money coming to them finally from the commodities of Meridian City Council July 5, 2011 Page 5 of 11 recycle. It looks like it's going to be somewhere around 10,000 a month, as long as the commodity prices stay. That's above and beyond SSC's cost and -- and they are, in effect, remitting that back to the city for a solid waste program. The committee is actually -- the commission is actually looking at reinstating the grants program that they had previously, but with some much stronger oversight. They are looking at doing some educational programs. The first one I think they want to pursue are cloth shopping bags with recycling emphasis. They are very strong on establishing a fund of a set percentage of these monies they received to start -- or get to a point where they can do a composting pilot project with -- with our Public Work folks. They are very engaged in wanting to do this. This is -- this is the first increment that's been received by the city and I believe probably the first thing they are going to be looking at is an educational piece. They also want to continue on with the environmental awards and probably be looking at using some of that money for environmental awards towards the end of the year. So, anyway, that's -- that's their intent. They are up and running and they are -- they have some very interesting dialogue and they don't -- they are not short for things to talk about. De Weerd: Thank you, Mr. Rountree. Any questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add the comment that since they are now an official commission of the city, I mean they used to be just a committee. Since they are now an official commission I have no problem giving them more authority than they had before and under Councilman Rountree's guidance I welcome them making the small and medium decisions. If they want to pass a big decision along to us, that's fine. De Weerd: The differential on small and medium. Zaremba: I would even leave that up to Councilman Rountree. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have no problem with them making the decision period, regardless of the amount. They are the ones that take it in and look at it and they can run it by us, but if they do run it by us I hope they have a recommendation. That would be my biggest concern is -- I don't mind them being run by us, but, you know, bring a recommendation. But I like what Councilman Rountree said, I hope they screw down the -- who gets it and who don't. Rountree: Very much the intent and as far as where they spend the money, I've -- I've reinforced that they need -- if they are uncertain to have strong recommendations on Meridian City Council July 5, 2011 Page 6 of 11 projects, if, in fact, they do come before the Council and their chairperson is more than willing to be here and talk to us at any point in time, so -- Bird: You bet. Yeah. De Weerd: I think to just be consistent with our other citizen commissions to bring the recommendation to Council for -- for your final approval. That's how I would feel most comfortable. Rountree: I think that's probably the appropriate way. De Weerd: Okay. Okay. Well, do I have a motion to approve this budget amendment? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for the Solid Waste Advisory Commission in an amount not to exceed 10,000 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Human Resources Department: Elected Officials Compensation Committee. De Weerd: Item 8-B is under our HR department. I'll turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. It's our biannual time of reporting on the elected officials' compensation committee in our city ordinance. There is a report attached and I neglected, I apologize, to list the Idaho Code section that governs elected officials compensation. That's Idaho Code 50-203. Anyway, as you recall in our city code we -- each election cycle year we form a committee of citizens, including myself, and on this election cycle we had Joe Borton, a former Council member, Dr. Tom Hammond, the current historic preservation commission chair, Clint Shiflet, the current Chamber of Commerce board chairman. Chris Klein also a local businessman, and, then, Tom Sauer, another local citizen, who is also a member of our Solid Waste Advisory Commission, meet to discuss how compensation is done for the Meddian City Council July 5, 2011 Page 7 of 11 elected officials, the Mayor, and the Council in our city. They had three different meetings and discussed wide ranging ways of doing this and what they did is they reviewed both the past on how we have come to the different levels of compensation for both Mayor and Council and, then, we also were fortunate this year, the Association of Idaho Cities had commissioned a survey statewide on what their compensation they provide for their elected officials in various cities. It wasn't a hundred percent responsive, but there was a fairly significant number of responses, so they felt comfortable that it was at least reflective of the elected official world, because, again, it's hard sometimes compared to the normal business world, it's just two different types of operations. So, they looked at that. They looked at the last three cycles we have had of elections where we had committees such as this and how we have been able to come up with compensation things. They looked at all the city work groups, police, fire, and general employees, who have their varying compensation and pay increases and work -- and pay adjustments are done. So, they evaluated that and, basically, came up with a recommendation that's provided to you and I'll summarize what's in your report. Basically, the committee's recommendation is that there be no change in the base salaries for both the Mayor and the Council members for the next two years. So, for 2012 and 2013. And, again, 2013 under our current ordinance we would form a new committee again and go through the process. That elected official would continue to receive the same benefits. So, no change in either salary or benefits for the next two years. The committee recommends that a permanent committee -- whether it -- and the current members of the committee were willing to serve -- now whether they want to serve for two years or two months I don't know, but they were willing to be part of a transitional committee and the purpose of that committee was to evaluate a variable compensation program for the Mayor and this is a fairly unique -- I couldn't find any other cities in Idaho that do this. But one of the things the committee said -- and we had -- one of the members of the committee Chris Klein has been on every group and has wrestled with how do we do this fairly, because they have recognized that our Mayor -- not just because she is sitting here, but our Mayor does go above and beyond in the group's opinion and that it's not required in the Idaho Code. It's very unclear in the Idaho Code what mayors are required to do, if anything, and they recognize that our Mayor does more than probably a lot of other mayors do. So, wanting to find some way to recognize that, they didn't feel it was fair to simply just change the base salary, because that may or may not be appropriate, it's sometimes uncomfortable to do, it's not really reflective of anything specific and it's just an ongoing additional cost and you may have a different mayor at some point in time who may not expend the same level of effort and, then, rewarding them for what somebody else actually did is really what they were trying to address. So, the committee said what they would recommend to the Council is to form a committee that -- that committee would, then, establish benchmarks for annual performance and the intent of that committee would be to meet with the Mayor to discuss what the Mayor would like to accomplish in the coming year and what the committee thinks the citizenry would like to accomplish and, hopefully, come to a meeting of the minds between the citizen group and the Mayor as to what those benchmarks for the next evaluation year would be. Similar, we had a discussion about our city employees and how we do things and that's a process that we follow internally for our merit system for general employees and so they thought that was an interesting Meridian City Council July 5, 2011 Page 8 of 11 way to both get a citizen perspective on what the Mayor should be doing and the Mayor's perspective on what the Mayor thinks the Mayor should be doing and trying to come up with some way to figure out what those benchmarks would be. Then, they would, then, meet -- so they would meet at the end of one fiscal year and, then, go into the next year and, then, come back again with the Mayor sometime before the end of the year to see how they do. Did they meet those? Did they not meet those? And, then, recommend to this Council, who have the ultimate decision authority, on whether or not the Mayor would be entitled to the -- and the term that the committee came up with was an additional variable compensation and they couldn't add it to the base, because the state statute is very specific about what you pay as a base to the Mayor, but they certainly could provide it as a one time compensation annually and, again, this committee would have to come up with, again, benchmarks for the Council to be comfortable with and, secondarily, what would that look like? Would that be a percentage? Would that be a fixed amount? Would that be based on some other factor or something else. That wasn't all defined and that was -- and it doesn't have to be defined at this moment if you're comfortable with that, because it wouldn't impact your FY-12 budget, because the Mayor cycles -- and like all of you your pay cycles are based on a calendar year, not a fiscal year. So, if you decided that that sounded intriguing we could explore that further with, again, that committee or other additional people if you think that would be appropriate, come up with a recommendation to all of you, if you think that's something to continue worth exploring, you wouldn't need to fund it until FY-13, because the Mayor wouldn't receive it until January of 2013. So, they wouldn't -- it wouldn't impact your next budget, but it would be something we could explore if we never could get satisfactory benchmarks for you, then -- then we just wouldn't do it, if we felt that that was something that you could come up with, something that the Council would feel comfortable with, they could work with the Mayor in coming up with those annual benchmarks, it's just another way Ithink -- and I guess a very innovative way from Meridian trying to address what our citizens of this committee felt were extraordinary effort and not a lot of tools in the Idaho Code to recognize that and this is a tool they felt both complied with the code, as well as provided some incentive for extra effort. They recognize we are not always going to have the luxury of having a Mayor that just does the extra effort, because that's what they do and they felt this is a good way to have that connection a little bit better. And I think I said ultimately the final say would be the Council, so -- De Weerd: Thank you, Mr. Nary. Questions from Council? Rountree: Madam Mayor, I have no question, but that certainly is an approach that addresses the concern I've had every year when we talk about this with respect to, you know, comings and goings of the personalities of the elected officials and that if you compensate one because they are extremely effective and efficient and go above and beyond that, then, becomes a base and your next elected official is -- meets the intent of the law, but is not necessarily a ball of fire, why are you compensating them at a level that probably is more than necessary. So, I think it's a great idea to explore and could very well address that concern that I have had in the past about changing the base. So, I for one would support that. Meridian City Council July 5, 2011 Page 9 of 11 De Weerd: Any other -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba? Zaremba: I would agree with that. I think not only is our current Mayor deserving of bonuses, but I think that's a way to address not making it a permanent raise in case there is ever a different Mayor, but it -- as the program works out it would give the Council an opportunity annually to reward an excellent mayor and not penalize, but not reward somebody who is not doing such a good job. I guess my only hesitation is one elected official passing judgment on another elected official, but it does address -- and we have all talked about we think our current Mayor should be paid more. This is a way to do it without etching it in stone and I would support having the committee get together and make something of it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with it. But I do have one suggestion. I'd like to see a developer or builder on this committee, somebody that actually brings jobs to town and stuff, that works -- works, you know, with the city quite handily. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: My comments on that -- I'm willing for the committee to take a look at this and see what they can come up with for the benchmarks. That's going to be an interesting process and to see what possibly could be established. Compensation is always a tricky thing and certainly it's not because you're not deserving, but we want to make something that's workable that we can -- as a Council you see have they achieved, have they not achieved or were they reasonable. So, it's going to be some work for this committee. So, we will see if they can come up with something that -- that passes the test. De Weerd: Well, Council, you know, I'm not sure about the -- the merit piece of it,-but certainly I'm interested in those benchmarks from the citizens' perspective on performance of their elected officials. As Mayor I would certainly welcome that and would look for what their recommendation would be coming back as far as those -- those measurables. Nary: Madam Mayor? Meridian City Council July 5, 2011 Page 10 of 11 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Excuse me, Bill. But to keep us on the timeline you have established in the benchmark for this evening, I would move that we accept the recommendation of the compensation committee and direct them to move forward by increasing the size of their committee to include at a minimum an additional citizen and a business person in the development industry and to look at the compensation -- Bird: Second. Rountree: -- variability that they have addressed in their recommendation. Bird: I second that. De Weerd: Okay. I have a motion and second. Any discussion? Mr. Zaremba. Zaremba: Short discussion. I like the idea of having somebody from the development community on it. The names you mentioned do include members of the Chamber of Commerce, but we might want to specify somebody that belongs to the Chamber of Commerce as well. Just a comment. Rountree: I would accept that as an amendment to my motion. De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Any items under Item 9 for future meeting topic consideration? Zaremba: No. Bird: Madam Mayor, I move we adjourn. Rountree: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye? All ayes. Motion carried. Meridian City Council July 5, 2011 Page 11 of 11 MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 7:31 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) /-~'~' ~ 7 i 19 i Zoll MAYOR A MY De W~,~Rq,~ DATE APPROVED \\\" ~, ,.~`~ DF FtIF~€,~,~'~~,, •~~~f'C ~° ~ ~ ~ s . \~co"~ A`~'~1` T J `: CE HOLMAN, CITY CLERK '~'~Q~~ uT iS~'hG "Z~~~ q ~~~~I x1111) 111111\\\