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HomeMy WebLinkAbout2003 07-15 Pre Meridian City Pre-Council Meeting July 15, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, July 15, 2003, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Others Present: Bill Nichols, Bill Musser, Gary Smith, Anna Powell, Doug Strong, and Will Berg Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: We’ll call the meeting to order on Tuesday, July 15, 2003 in the City Council Chambers. At this time, I would like to have City Clerk have roll call attendance please. Item 2. Adoption of the Agenda: Corrie: The second item on the agenda is the adoption of the agenda. Council’s pleasure. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we adopt the agenda as presented. Bird: Second. Corrie: Okay motion has been made and second to adopt the agenda as presented. Any further discussion. Hearing none all those in favor of the motion say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Item 3. Update on Adventure Island Playground: Corrie: Item Number 3 is the update on Adventure Island Playground. We invite the young lady to come up and talk to us. Meridian City Pre-Council Meeting July 15, 2003 Page 2 of 8 Lindig: Mr. Mayor for the record Angela Lindig with the Adventure Island Playground. Corrie: Thank you Angela. Lindig: I’m actually just here to give you an update of where we’re at from where we’ve been in the last year. I think it’s been awhile since I’ve come and talked to you. We’ll go over some of the documents that you have there. Just as a background, the project is a universally accessible playground where all children can learn, play, and grow together. It’s to be located in Settler’s Park. We are doing our darndest to break ground with site development within this month. th We’ve set a date for July 30 and that may or may not happen but we’re holding it firm and doing everything that we can to get the commitments that we need to be able to do that. What you have before you is the current support document that shows our fundraising efforts. We began fundraising only a year ago in July and so this is a pretty big accomplishment to have done this within a year’s time especially with the economy the way it looked last year. There were times last winter where it didn’t look like we were going to go very far at all so we’ve had a huge surge of momentum this spring. You can see that quite a number of folks have started to take notice of the project and are really rallying to support it. What we’re trying to do right now more than anything is firm up in kind commitments for site development. The equipment we currently have enough cash to purchase the main play equipment for Phase 1 of the project. If you remember the project was divided into two phases possibly three for that water feature if need be. At this point, we have enough cash to pay for the grand voyage, which is the main play structure that will be done as the community build in next spring. Also, the smaller structure which was called Bully Put that was the castle then the special safety surfacing which is the port and play safety surfacing. That is essentially Phase 1 and on top of that is site development. Down at the bottom you will see the pending approximate in kind donations. We have been all over town and are just very excited at the folks that are coming forward on those. It’s kind of vague there what all those astric marks are. Basically, these are folks that have expressed a desire to help and we’re in the process of pulling it together to see who can do what and what kind of cash that we’ll need on top of that if it’s not a full donation. The ones up above in the current in kind donations are those that are already fully committed and taken care of where we would have no cash on top of that that we’ll need to come up with. Some of the pending fundraisers that I wanted to tell you about that are exciting Number 1 is the Albertson’s Boise Open ticket sales and also the fact that we were chosen as a beneficiary to the Albertson’s Boise Open. I’ve included that document on the back there that shows how people can order those tickets and then information on the playground hoping that the city help pull for us on this and get the word out that we’re selling these tickets. We get 100 percent of the proceeds for this as well as being entered into a bonus bowel of 25,000 dollars so we’re doing what we can there. In addition, I would ask if the city is interested, I have received a seven-foot banner that Albertson’s Boise Meridian City Pre-Council Meeting July 15, 2003 Page 3 of 8 Open has provided us with that says proud beneficiary of the Boise Open. It might be a good idea to possibly set it up here at city hall with the flyers and letting folks know that with our partnership that this playground will benefit directly from that banner. That might be something to consider or possibly over at the Park’s Department. IN addition we are also once again we’ve been th chosen as a recipient for the Friends for Meridian Parks September 5 golf tournament so we’re trying to get the word out on that as well and that’s another area that the city could be able to help with in spreading awareness and spreading the word on that golf tournament. Finally, we were informed yesterday that the Eagle 969 is – I actually went into talk with them in the hopes of getting some air time and possibly an interview just getting some publicity for the playground. They came back with the fact that they were going to raffle a Harley on our behalf and they’re hoping to make somewhere between 10 and 50,000 on that directly for us. I’ve given a low number of hopefully getting 20,000 out of it but we may get more than that. That I think is going to be really good for Meridian businesses because one of the things that they’re going to do is obviously go out on remotes, locations, take the bike with them and promote the different Meridian businesses at the same time as helping the playground. Other than that, on those pending in kind donations some really good things I met yesterday with the associated general contractors and they are actually trying to pull together a meeting for us to pull together all the different concrete companies and excavation companies on our behalf and divvy up what people can rather than us going out individually. You can see things are really moving along well th and we’re excited about it. July 30 is only 15 days away but even if we don’t pour concrete, this year as long as we have the commitment to do it our build won’t take place until next spring anyway so it shows that we’re ready to go and move forward with this thing. I also am asking that you consider applying another 50,000 dollars towards the project. I know that you’ve already committed 100,000 and another 50,000 would really give us that leeway that we need. Right now with the current cash that we have we have that break even point of being able to pay strictly for the equipment that is in Phase 1. That extra 50,000 dollars in addition to some of our pending fundraisers gives about an overage of 90,000 dollars in case we have some in kind overages where it’s not 100 percent donation and it would allow us that. In addition, you’ll notice the International Brotherhood of Electrical Workers. One of the things that’s not on our playground budget or wasn’t included in the beginning was the electrical work for the security lighting that has been decided needs to be out there. That wasn’t part of the campaign’s original budget. I’ve been offered to go and present to the union or the Brotherhood of Electrical Workers and try to get all of that electrical th work donated on behalf of the city. I’m going to be doing that on August 7 even though it’s not in our budget and hope that will help cover those costs. Other than that, there’s a lot going on. I’m in the process of creating a full list of everybody that we have either supplied a grant to or applied for a grant from or spoke to or presented to. One of the things that I need to point out on this project is that there’s such a greater message that’s being heard throughout the community that goes beyond just the fact that we’re doing a playground out here. Meridian City Pre-Council Meeting July 15, 2003 Page 4 of 8 The city is really getting the recognition that it deserves. Everybody that hears that the City of Meridian has not only donated the land but also money and this willingness to maintain this project afterwards gets excited and says – everyone says to me that’s super of the City of Meridian to be doing that. I’ve been over the last year invited to speak to the Treasure Valley Association of the Education of Young Children just to spread the greater message on inclusion same with Child Care Health Consultants. At the end of July, I’m going to be going to Coeur d'Alene to talk to the (inaudible) Syndrome conference on adaptive recreation and inclusiveness in communities. How – so individuals and volunteers through the community can get involved with their city and their parks and create greater accessibility for all citizens. There’s a far greater message going on. I think that the Association of Idaho Cities has recognized. Tammy has worked with this project and has nominated her for an award. The Human Rights Message is getting out with this project so I think the partnership has been terrific. We’re thrilled and I hope you guys are equally as happy with the way it’s going. That’s all. Any questions? Corrie: Thank you good report. Lindig: Thank you. Corrie: Council any questions or statements? Nary: When you’re done with this could you help with the levy issue? Lindig: I am trying already. De Weerd: Thank you. Lindig: Thank you. Corrie: Thank you very much. Item 4. Discussion of Park Regulations Ordinance: Corrie: Next on the agenda is the discussion of Park Regulations Ordinance. Mr. Doug Strong. Strong: Mr. Mayor, Members of the Council I hope that before you, you have a copy of the proposed ordinance that has been a collaborative effort between the Park Department, the Police Department and respective attorneys involved in getting it in that form. We feel, we meaning Captain Musser and myself feel that it’s in pretty good form so I think for the sake of time we would stand for any questions that you may have about the ordinance and why it went together the way it did. Meridian City Pre-Council Meeting July 15, 2003 Page 5 of 8 Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I just had a couple of questions. In 13-2-3 motor vehicles in the parks would probably be wise to exclude emergency vehicles and city vehicles. This says you have to have a writing for the city truck to drive on the grass. You probably don’t really need that. You would have the same thing for emergency vehicles. It’s certainly implied by Idaho Law that they probably could do it anyway but we could certainly exclude emergency vehicles and city vehicles from that provision of vehicles off the roadway. The other thing Doug I was looking at the exclusion provision. In Boise, we have been wrestling with this provision for a while and maybe Bill can address this as well. The length of the exclusion is fairly short. At least my recollection of some of the case law and then in this circuit I mean it seems like we’re – certainly an overabundance of processes. It’s not harmful but I wander if it makes it somewhat cumbersome to exclude someone for seven days they have five days to come in which it’s running at that time. They can come in and ask for a stay then they can stay. They may only have two days left of their seven-day exclusion potentially then you have to hear it in 30 days. It just seems like it might make it more cumbersome. I don’t recall in at least the case law that those seven days really requires this level of process. I wander if it’s a little much. Nichols: Mr. Mayor Members of the Council I asked Allison Tate to put in an appeal provision when she drafted this for this reason. The exclusion notice can trigger a trespass misdemeanor charge. It was my feeling that if you at least put in the ability for somebody to say hey this wasn’t fair that if you had that in and they didn’t and they came back that it made the trespass case stronger because there was the ability to appeal. If they say I wasn’t the one that was doing the thing whatever their excuse would be or their reason but that’s the reason I asked her to put something like that in just because it has the ability to trigger that trespass. It becomes elevated from a simple civil exclusion to a misdemeanor criminal charge. That was my thought on that. I did have some discussion with Allison about the exclusion period and you know whether there should be some kind of escalating first offense seven days second offense 30 days. That’s (inaudible) offense a year and apparently Park staff and the Police felt like try it with the seven day see if it works and then we don’t have to mess with these longer exclusions or keeping track on when somebody can come back and when they can’t and that sort of things. I wasn’t privy to those discussion but that’s what I understand from Allison is the seven days is what staff was comfortable with as a workable solution. Nary: Well I wander if and that makes sense. I think that’s reasonable. I wander if maybe at least the time period – it just seems like if you give them five days and then stay it you really might only be staying about two days worth of time or maybe even one depending on if there’s a holiday in there. Maybe if we Meridian City Pre-Council Meeting July 15, 2003 Page 6 of 8 shortened the time period to request it like two days and then stay it from that point so at least there’s something there left. It seems kind of pointless to have a hearing set one more day this person can’t go to the park. At least there would be some meat left of this exclusion period and then maybe shorten the time period as well for us to hear it. That way we kind of get – I mean the whole idea of these things is to get the person out of the park today and for a little while to make some impact on their behavior. If we wait – here it’s potentially it’s 35, 40 days later before it impacts them and that might be kind of losing the impact of it. We can always change it later but maybe if we looked at like a two-day request and then maybe 10 days to hear it so that it’s fairly short in nature. I don’t think many people are going to ask but I think that way at least it will have the more immediacy of the impact on them. Corrie: Any other comments on that one? Nichols: Mr. Mayor Members of the Council then as consents of the Council we should revise that then to two days to request and then hear it within how many days 15 or 10. Nary: Maybe 10. Something we can do it fairly soon. I know occasionally we miss a meeting but we don’t miss too many unless it’s during a holiday even if we did it within 10 unless extended by the Mayor or some other mechanism if there was a missed meeting in there or something. Otherwise it just seems to me that the immediacy of it would be lost if we wait too far out. Nichols: We could in terms of at the second Council Meeting following – Nary: That’s great. Corrie: That would be better yes. Any other comments? Bird: We need to get it brought forward. Nary: Yes, I think it’s really good. I mean it’s really going to answer a lot of questions so that’s good. Corrie: Will you – think you’ll have that Bill by the next meeting? Nichols: Yes Mr. Mayor. Corrie: Okay well we can put it on – Mr. Clerk if you’ll put that on the Consent nd Agenda then on the 22. That’s agreeable to the Council? Nichols: Mr. Mayor did you mean the Consent Agenda or just on the agenda for the first reading? Meridian City Pre-Council Meeting July 15, 2003 Page 7 of 8 Corrie: Oh it’s on the agenda I’m sorry it’s an ordinance yes. It’s an ordinance. Item 5. Discussion of Revised Ethics Code Ordinance: Corrie: Next is discussion of revised Ethics Code Ordinance. I believe the Ethics Code the main thing Mr. Nichols was the change in the word verbiage on special to personal. Nichols: Mr. Mayor, Members of the Council there are two substantive changes in this ordinance. One is there was a term that was not defined. It appeared that simply the wrong word was used. That special was used when personal was meant to be used because personal interest was a defined term. This just simply tied it up that way. The second substantive changes is that in the past we’ve had a list of State Criminal Statutes that are referred to but it was simply the code numbers. Anybody looking at it would have to go to the code to see what those were. Now prosecutors and perhaps defense counsel might know exactly what 18-1356 charge is but the rest of us wouldn’t I added those titles in there. Then at the recent Idaho Municipal Attorneys Meeting Roger Cockrill presented an ethics and government portion of that meeting. There were some additional charges in Chapter 59, which I felt were also necessary to include so I’ve added those in. That’s the substantive change is putting in the titles in addition to the code sections on those that are in Title 18 of the code then adding the ones that are in Title 59. Then just simply changing that or clarifying what a personal interest special interest is. That’s the change. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: You said personal just is defined somewhere else? It’s not defined in this section but it’s somewhere else? Nichols: Yes Councilman Nary it should be previously in Chapter 14 of Title 1. Nary: Looks good to me. Corrie: Okay any other comments from Council? Hearing none then do you nd want to put that on the 22 as well? Nary: Sure. Corrie: Okay Mr. Clerk if you would do that it would be fine. I guess at that point we’ve reached the end of our Pre-Council Meeting so I will entertain a motion to close the Pre-Council Meeting. De Weerd: So moved. Meridian City Pre-Council Meeting July 15, 2003 Page 8 of 8 Nary: Second. Corrie: Okay motion been made and second to close the Pre-Council Meeting. Any other discussion? All those in favor say aye. All ayes motion carried. The Council Meeting is hereby closed and we will open up the Regular City Council Meeting in seven minutes. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:53 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK