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HomeMy WebLinkAbout2010-10-05E IDIAN IDAHO CITY COUNCIL REGULAR MEETING AGENDA UPDATED AGENDA Tuesday, October 05, 2010 at 7:00 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 by Wood Chuck Norris Cub Scout Den 7, Pack 62 3. Community Invocation by Pastor Galen Caldwell of Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of August 24, 2010 City Council Budget Hearing B. Approve Minutes of September 14, 2010 City Council Workshop Meeting C. Task Order #10022a Pursuant to the Master Agreement Approved by City Council April 13, 2010 for Meridian Wastewater Treatment Plant Facilities Plan with CH2M Hill for a Not-To-Exceed Amount of $128,224.00 D. Agreement for Independent Contractor Services with Stevens & Sons Well Drilling, Inc. for Well 10B Test Well Construction for aNot-To-Exceed Amount of $122,390.00 Meridian City Council Meeting Agenda -Tuesday, October 05, 2010 Page 1 of 3 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. s. 7. 8 Community Items/Presentations A. Fire Prevention Month Proclamation B. Resolution No. 10-747: Naming Centennial Park Shelter "Terry Parker Smith Shelter" Approved C. Second 8< Third Reading of Ordinance No. 10-1457: Texting While Driving Continued to October 12, 2010 Items Moved From Consent Agenda Action Items A. Continued Public Hearing from September 28, 2010: VAC 10- 006 for Spring Creek by Douglas Clegg Located at 3165 N. Meridian Road Request: Vacate an Existing Irrigation Easement on the Site Approved B. Public Hearing: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Continued to October 26, 2010 C. Public Hearing: TE 10-022 Ambercreek No. 2 by Trilogy Development Located Southwest Corner of N. Meridian Road and W. McMillan Road Request: Approval of an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved D. Public Hearing: TE 10-023 Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP Located South Side of E. McMillan Road and West of N. Eagle Road Request: Approval for an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved E. Public Hearing: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project Approved Meridian City Council Meeting Agenda -Tuesday, October 05, 2010 Page 2 of 3 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. 9. Department Reports A. Mayor's Office Department Report: Amended Resolution No. 10-745A: An Amended Resolution of the Mayor and the City Council of Meridian Clarifying the Ex-Officio Members of the Solid Waste Advisory Commission and Appointing Todd Carlson to the Meridian Solid Waste Advisory Commission Approved B. Police Department Report: Proposed Ordinance Prohibiting Sale and Use of Synthetic Cannabinoids ("Spice") C. Police Department: Budget Amendment for Department of Justice (DOJ) Award Acceptance Approved Adjourned at 9:55 p.m. Meridian City Council Meeting Agenda -Tuesday, October 05, 2010 Page 3 of 3 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. ~~E IDIAN~-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA Tuesday, October 05, 2010 at 7:00 PM -7 ~- O~ P-'~'~ 1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree / ~~ Keith Bird / Mayor Tammy de Weerd ~2. Pledge of Allegiance by Wood Chuck Norris Cub Scout Den 7, Pack 62 ~. Community Invocation by Pastor Gordon Slyter of Treasure Valley Worship Center Pastor Slvter is out of town on an emergency Galen Caldwell from ~ Treasure Valley Worshia Center will do the invocation in his place 4. Adoption of the Agenda QPl~,e~ ~ ~ ~ ~~C~ ~5. Consent Agenda C~~~v,~G~ ~~I'~C~ A. Approve Minutes of August 24, 2010 City Council Budget Hearing B. Approve Minutes of September 14, 2010 City Council Workshop Meeting C. Task Order #10022a Pursuant to the Master Agreement Approved by City Council April 13, 2010 for Meridian Wastewater Treatment Plant Facilities Plan with CH2M Hill for a Not-To-Exceed Amount of $128,224.00 D. Agreement for Independent Contractor Services with Stevens & Sons Well Drilling, Inc. for Well 10B Test Well Construction for aNot-To-Exceed Amount of $122,390.00 Meridian City Council Meeting Agenda -Tuesday, October 05, 2010 Page 1 of 3 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. ' n G C l.J~~ ~~ ~ ~p Q.s12 ~~~ ~L7 (,~~~a ~Q~ ~ ~ ~ ~uuJor~ ~ gam. ,~, ~ ~3 a m~~ ~~ t~ 6. ommunit Items/FT °~ L h.`~~ y resentation A. Fire Prevention Month Proclamation . /, V B. Resolution No. Proposed # 10-747: Naming Centennial P rk Shelter "Terry Parker Smith Shelter" G2~~~ v C. Second & Third Reading of Ordinance No. 10-14 7: Textin ~ Whi e D iving i lZc~d.~.... • eo~.e Grc~., ~t.~~ - OQ ~-~/ u- ~f 7. Items Moved From Consent A enda~ g 8. Action Items /A.~ Continued Public Hearing from September 28, 2010: VAC 10- Jld~ C (,p-~ 006 for Spring Creek by Douglas Clegg Located at 3165 N. (~G C(L~ ~~ Meridian Road Request: Vacate an Existing Irrigation Easement on the Si e 17ou_~~~s-"4.~r,~olic.-a.~~- (:K K~ B. Pu I c Hearing: E 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Request to Continue to Oct ber 26, 2010 C Public Hearing: TE 10-022 Ambercreek No. 2 by Trilogy C `~,,,~ ~'~'~ Development Located Southwest Corner of N. Meridian Road ~~t ~~ ~ ~~-and W. McMillan Road Request: Approval of an 18-Month Time Extens' n to Obtain the City Engineer's Signature on the Final Plat ~ca~ D - ~G~~~f D. Public Hearing: T 10-023 Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP Located South Side of E. McMillan Road and West of N. Eagle Road Request: Approval for an 18-Month Time Extension to Obtain the Ci y Engi_n~er's rr~ ~~ Signature on the Final Plat ~ ~~ '~G E. Public Hearing: MDA 10-008 Regency at River Valley by Bach C~ ~ r,~ o P,~ Investments, LLC Located at 2500 N. Eagle Road Request: /;~ ~8~~ Modify the Site Plan, Landscape Plan, Building Elevations and W, Certain Provisions Contained in the Development Agreement A~ roved foreg~ at River Valley partment Proj ct ~ ~ p 1' ~. ~ ~ V. Meridian City Coun it Meeting Agenda -Tuesday, October 05, 2010 Pag/ ~j 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. 9. Department Reports A. Mayor's Office Department Report: Amended Resolution No. 10-745A: An Amended Resolution of the Mayor and the City Council of Meridian Clarifying the Ex-Officio Members of the Solid Waste Advisory Commission and Appointing Todd Carlson to th Meridian Solid aste Advisory Commission C K~ ~ ~ 13. Police Department Report: Proposed OrdinanceG~`Tr hibiting ~ Sale and Use of Synthetic Cannabinoids ("Spice") ~0~ C. Police Department: Budget Amendrpent for Department of Justice DOJ) Awar~/Ac~~ance ~(-{~ ~:~-v-e,~, ~~ ~ - ~- ~.- PL~~~ ~et~ ~ ~~~.!. ,~ - ~~ - ~~ s- ~~~~ ~- ~~- L - P Meridian City Council Meeting Agenda -Tuesday, October 05, 2010 Page 3 of 3 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 _ October 5, 2010 A Council meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, October 5, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Waters, Kyle Radek, Joe Silva, John Overton, Jeff Lavey, 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. I will go ahead and call this meeting to order. I would like to thank all of you for joining us here this evening. For the record, it is Tuesday, October 5th. It's two minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance by the Wood Chuck Norris Cub Scout Den 7, Pack 62 de Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led by the Wood Chuck Norris Cub Scout Den 7, Pack 62. Cameron Foster will be leading us. If you will all rise. (Pledge of Allegiance recited.) de Weerd: If I could ask the cub scout troop to come forward. Boys, if you would like to come forward for a moment, I would like to give you a City of Meridian pin. Item 3: Community Invocation by Pastor Galen Caldwell of Treasure Valley Worship Center de Weerd: Item No. 3 is our community invocation. Tonight we will be led by Galen Caldwell with the Treasure Valley Worship Center. If you will, please, come forward. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for being here. Caldwell: Thank you, Madam Mayor. Please join me as we ask God's blessing on tonight's events. God, thank you that we live in a country where we are able to come together. Where we are able to make decisions as a group. God, thank you for this Meridian City Council October 5, 2010 Page 2 of 54 honor. Thank you for this blessing. Thank you for this group of people you have placed around us to help lead and guide this community. God, I ask your guidance on tonight, that we would be able to make wise decisions for the good of all of those in this community and wise and unselfish decisions, God, and that your blessing would just fall over this place and would influence the decisions and actions that are made here tonight, God, and again thank you for allowing us the opportunity to be here tonight, in Jesus' name, amen. de Weerd: Thank you. I'd like to present you a City of Meridian pin as well. Thank you. Item 4: Adoption of the Agenda de Weerd: Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple things to note on tonight's agenda. Under Item 6, Community Items/Presentations, 6-B is Resolution No. 10-747. I'm sorry. 10-747. Yes. That's correct. Item 8, Action Items, 8-B, a public hearing. There will be a request to continue that to October 26th. And with those, Madam Mayor, I move adoption of tonight's agenda. Rountree: Second. de Weerd: I have a motion and a 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 August 24, 2010 City Council Budget Hearing B. Approve Minutes of September 14, 2010 City Council Workshop Meeting C. Task Order #10022a Pursuant to the Master Agreement Approved by City Council April 13, 2010 for Meridian Wastewater Treatment Plant Facilities Plan with CH2M Hill for a Not-To-Exceed Amount of $128,224.00 D. Agreement for Independent Contractor Services with Stevens & Sons Well Drilling, Inc. for Well 10B Test Well Construction Meridian City Council October 5, 2010 Page 3 of 54 for aNot-To-Exceed Amount of $122,390.00 de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: There are no changes to our Consent Agenda. I move approval of tonight's Consent Agenda and the Mayor be authorized to sign and Clerk to attest. Rountree: Second. Zaremba: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no 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 6: Community Items/Presentations A. Fire Prevention Week Proclamation de Weerd: We will move to Item 6, which is our Community Items/Presentations and, Council, I will move down to the podium and ask our firemen and our fire department -- I think we have a special guest as well. Shoot, our Boy Scouts left too early. Okay. As you see from our agenda tonight, we have Fire Prevention Week and it's my honor to read this proclamation. Whereas the City of Meridian is committed to insuring the safety and security of all those living in and visiting our city and whereas Meridian's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention, education, and whereas Meridian's residents are responsive to public education measures and are able to take personal steps to increasing their safety and fire. Give me five. And whereas the 2000 -- or 2010 Fire Prevention Week theme, Smoke Alarms: A sound you can live with -- effectively serves to remind us all of the simple actions we can take to stay safe from fire. Therefore, I, Mayor Tammy de Weerd, City of Meridian, do hereby proclaim October 3rd through 9th, 2010, as Fire Prevention Week in the City of Meridian and call upon all citizens to heed the important safety message of preventing home fires in support of public safety. Thank you for being here with us and I would invite you for any comment. Meridian City Council October 5, 2010 Page 4 of 54 Silva: Mayor, on behalf of the Meridian Fire Department we'd like to thank you for making this proclamation. Unfortunately, about 3,000 nationally die in home fires and it's oftentimes the result of just a battery or smoke detector that fails, so about 25 percent of our homes out there lack an operational smoke detector, so that's what we are -- we are working on this month and we will be taking that program to the schools. We are sponsoring a public safety open house at Meridian Fire Station One with police and fire demonstrations on October 30th from 10:00 o'clock to 2:00 p.m. in the afternoon at 540 East Franklin. So, we look forward to having everybody there. Thank you very much, Mayor. B. Resolution No. 10-747: Naming Centennial Park Shelter "Terry Parker Smith Shelter" de Weerd: Thank you. Thank you for joining. Thank you Sparky. Okay. Our next item, Item 6-B, is a Resolution No. 10-747. It is to officially name the Centennial Park shelter the Terry Parker Smith shelter that City Council approved last week. Rountree: Madam Mayor? de Weerd: Yes, Mr. Rountree. Rountree: It's my honor to move that we approve Resolution 10-747, naming Centennial Park shelter after Terry Parker Smith, and authorize the Mayor to sign and the Clerk to attest. Bird: Second. de Weerd: I have a motion and a second to approve Item 6-B. If there is no discussion from Council I would ask for roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Second & Third Reading of Ordinance No. 10-1457: Texting While Driving de Weerd: Now we are at our Item 6-C, which is the second and third reading of Ordinance No. 10-1457, texting while driving. And I will turn this over to Chief Lavey. To Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Before you is the second -- second and third reading tonight for the texting while driving ordinance that you had asked us to prepare. We are requesting for you to evaluate or look at an addition or an Meridian City Council October 5, 2010 Page 5 of 54 amendment to that ordinance. In doing our research and looking at both Twin Falls, as well as the state law that was proposed last year, one thing that isn't defined, even though it is a term of art and it is something that I believe a court could define, we felt it was important to include a definition of what a wireless hand-held device is. So, we have recommended the definition to be inserted into the ordinance and I can read it out loud for the public. There are some copies on the back table as well. But, basically, it would define a wireless hand-held device as used shall be defined as an electronic device which communicates or transmits a typed or pictorial information by electromagnetic waves or radio frequency and which is designed to be held or used by or is actually held or used by a human hand. This term shall include, but not limited to cellular phones, satellite telephones, pagers, computers, mobile messaging devices, tactile texting devices, personal electronic devices, personal digital assistants, and any device with two or more such capabilities. We felt in doing our review that -- that that definition probably enhances the ordinance and makes it clearer as to what we are -- what type of behavior we are trying to prevent, along with what type of device we are trying to relate it to. We felt it would make it a little bit stronger. There has been a couple of things, just so you're aware, we have had some comments and you have received some comments in your packet and you will probably hear some comments tonight and I thought I could at least address a couple of things that have at least come to our attention. There are folks that have raised a concern or an issue they believe with that -- a recent study that's gotten a lot of press, about the potential that additional crashes actually occur or they have a higher incidence of crashes that occur because of these types of prohibitions that people, essentially, continue to do the behavior, but don't modify their behavior, they try to hide it more, causing more distraction and more -- more crashes. The police may have an additional comment as well. But in reviewing that and doing the research by my staff, I think you don't have a real definitive answer here from one study. The study was performed by the insurance institute, the Highway Loss Data Institute, which is an affiliate of the Insurance Institute for Highway Safety and immediately afterwards the -- it was criticized by Secretary of Transportation Ray La Hood as there is not enough data and not enough time to allow both the -- these types of ordinances or state laws to take effect and for people to, then, alter their behavior. So, you do tend to get a little up tick sometimes in these changes, but what I guess the criticism on the other side was there is not enough time with these ordinances or laws being in place, to really do a valid study. So, I don't know that that really answers your question for you either way. Secondarily, some of the comments that have come to my office has been a concern or a belief that the state's inattentive driving statute is more effective in this particular area and I'll read to you what the state law says. Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless, or imprudent in light of the circumstances then existing, rather than heedless or wanton or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight. As a prosecutor that's adifferent -- it's a difficult charge to prove and it's difficult to try to assess what individual behaviors are adequate for a court. Each court takes a subjective view of that. What this ordinance does is takes a specific type of conduct and prohibits it. Much easier to prove, much easier to address in a court setting than this. Secondarily, this is a misdemeanor that Meridian City Council October 5, 2010 Page 6 of 54 carries up to a 300 dollar fine and 90 days in jail. The ordinance that's before you carries a 75 dollar fine for the first two offenses and, then, it becomes a misdemeanor after the third offense of it. We had a recent discussion on a different offense regarding dogs at large and there was a lot of concern by members of the public that that offense carried a misdemeanor violation and we are evaluating that and looking at an alternative to bring back in front of you to make that an infraction for the first couple of offenses. So, I think in light of our recent discussion, making this offense an infraction makes more sense and the specificity of the offense is, actually, much easier to prove and is less subject to the subjectiveness that the circumstances may dictate. Without a collision, if you have -- a police officer trying to cite somebody for inattentive driving for just driving down the road and texting, that may be much more complex to prove for a prosecutor than what we are proposing. But, again, that's kind both sides of that discussion. Terry Derden from the Boise City Attorney's Office, who is a prosecutor that works closely with the City of Meridian and our police department, is also here if you have questions in regards to prosecution, Terry certainly could answer those as well. That's all I had on this ordinance. As you see, there is a number of people here that may have something else to tell you, if you have other questions for me, or if you want to wait until the end, that's fine. de Weerd: Thank you, Mr. Nary. Any comments from the chief? Lavey: Madam Mayor, Council, you heard from me last week or maybe the week before on this issue, so I'll keep it really brief. I hope that we all can agree here today that texting while driving is bad and, hopefully, that the debate we have today is how do we approach that. As I stood before you I said in the past that I believe that the use of cell phones completely should be taken out of the motor vehicles, but this is really kind of a compromise. I think our debate would even be stronger if we said we are going to have no cell phones at all while the vehicle is in motion. But just let me say that texting is bad practice. It requires two hands and the eyes on the screen and not on the road. understand there is considerable debate on how we address this activity. I would be the first to say that we do not need an additional law if those that text simply do the right thing and not drive while texting or not texting while driving. I also disagree that inattentive driving is the most practical answer. If this was the case there would be no need to have laws about drinking and driving, as inattentive or reckless driving would cover that. Approximately 20 years ago we put DUI laws in effect because it was such a major hazard out on the roads. Text is taking the same sort of pattern. On a daily basis we have officers that witness people doing inappropriate things in their cars. Shaving. Brushing their hair. Reading. Applying makeup. And doing many other activities. However, texting is something we see on an hourly basis every single day. It's the number one thing that we see people doing in their cars, other than talk on the cell phones. We have worked with Representative Marv Hagedorn, which I believe is in the audience today. Various youth groups, which I believe are in the audience today. And other groups to make texting while driving a state law. There was further discussion currently in congress that this may become a federal law. I believe there is people in the audience that are going to speak to that as well. Some additional problems with using inattentive driving while texting -- or for texting. It's a mandatory Meridian City Council October 5, 2010 Page 7 of 54 court appearance. You have to go to court if you're cited under that. There is no set fine. You have to have a court trial to determine what that fine is. It results in a misdemeanor on your record if convicted. The burden of proof is higher. It's beyond a reasonable doubt rather than a preponderance of the evidence. Also it requires an additional result. You must be texting while driving and doing something else, such as swerving, hitting a curb, hitting a bicycle, wrecking your car -- something like that. You just -- if you're driving down the road texting while driving you cannot use inattentive driving if the car is maintaining its lane of travel and doing no other act. I have Prosecutor Terry Derden here to speak on that as well when I'm done and it's -- in my opinion, it's not the most efficient use of our courts with overburdened docket already. It also is not our desire to add misdemeanor convictions to the permanent criminal record to anyone for texting while driving, especially our youth. Our proposed ordinance would make it a misdemeanor for repeat offenders who truly are the people that deserve a misdemeanor conviction. I know that we need to change the cultural mind set that I can drive and text and do both safe. We will continue to have this debate as to what is the best way to make this happen. And I thank you and I will answer any questions or I will be here to answer questions after everybody else is done speaking. Thank you. de Weerd: Thank you, chief. Council, any questions at this point? Bird: Not at this time. de Weerd: Thank you. Terry, did you want to comment? Derden: Madam Mayor, Members of the Council, thank you. Everything that you said think is correct in terms of the court system and I would second those comments. The -- I have prosecuted inattentive driving several times in the last year, from everything from someone driving while eating a burrito to shaving, brushing their hair, all kinds of things the chiefs listed. I have prosecuted inattentive driving for someone simply texting. The case that I did that in, the person was swerving and didn't even notice a police car was trying to pull her over. So, the judge was very easily able to conclude she was inattentive. The judge in his findings when he found that person guilty, made it very clear that had that not been there he likely would not have reached that conclusion. So, I think it's safe for the Council to assume and you, Madam Mayor, that the magistrate from that county likely expects there to be some sort of action on the part of the operator to signal to the officer that their driving is being affected by texting. So, with that I'll leave it for any other questions you may have for me. de Weerd: Thank you. Okay. I do have a number of people who have signed to indicate their support of or opposition or neutrality to this discussion. So, when I read your name if you'd like to come forward and provide testimony at that time I would invite you to do so. If you just want your statement on the record that will serve as that statement. So, our first name listed is Eli Nary. Signed up for. Good evening. If you will, please, state your name and address for the record. E.Nary: All right. And address? Meridian City Council October 5, 2010 Page 8 of 54 de Weerd: Yes. E.Nary: All right. Madam Mayor, Members of the Council, for the record my name is Eli Nary and I live at 2140 North Todd Way in Meridian, Idaho. de Weerd: Thank you. E.Nary: And I'm also the chair of the Meridian Mayor's Youth Advisory Council or MYAC and I'm in strong affirmation of Ordinance No. 10-1457. It's a new year with MYAC, which means new faces, new goals, and new projects. Although we may look different, we continue to thrive in the City of Meridian. One thing that has not changed is our advocacy for a cause like this tonight. Last year MYAC took it upon themselves to put an end to this growing issue, that issue being texting while driving. In a few sort months MYAC organized a dinner auction with local legislators to educate them on this important topic. We spoke at the capital twice and we created a Facebook page titled Teens In Idaho Against Texting While Driving. As of today this page holds 768 followers. And what is truly extraordinary is that those people have spread beyond any generational gap. Instead of just teenagers, we see parents, grandparents, aunts, uncles, and everyone in between also on this page. You see this merely hasn't touched a cord with the members of MYAC, but has touched a cord with everyone. We have also received overwhelming response on the page. One user states: I don't know how people do this. I can't text and walk, let alone text and drive. Another says: Texting while driving should be banned in all 50 states. And of the comments on the page, it's almost unanimously in support of this cause. Those who do speak against this cause typically site things like educating the public against texting while driving, instead of creating a law. But can't this law be a part of the education? If we took that stand with something like the new drug Spice, would education solve as many problems as a law would? In short, no. And texting while driving is no different. Finally, I would just like to thank you all for bringing this issue front and center. For instance, if you were to walk through the parking lot of any Meridian high school, there would be dozens upon dozens of students texting and driving and that's what this law is for, because if we save one life -- if this law saves one life, then, we have all succeeded in making a better, safer community. Thank you. And I open myself up to questioning. de Weerd: Thank you, Eli. Any questions from Council? Bird: I have none. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Just a quick question. Eli, next legislative session will you guys be returning to the legislature for a statewide law? Meridian City Council October 5, 2010 Page 9 of 54 E.Nary: You know, we haven't had our full planning yet, but I'm sure that that will be discussed. Hoaglun: Okay. Thank you. E.Nary: Thank you. Anything else? De Weerd: Thank you, Eli. E.Nary: All right. Thank you. de Weerd: Caroline Lincoln signed up for. If you will, please, state your name and address for the record. Lincoln: Hi. I'm Caroline Lincoln. I live at 2231 West Los Flores. de Weerd: Thank you. Lincoln: Madam Mayor, Members of the Council, I am the vice-chair of the Mayor's Youth Advisory Council, otherwise known as MYAC, and I'm in strong affirmation of Ordinance 10-1457. I have a little bit of facts for you guys. In 2007 AAA Incorporation with 17 magazines, found that 61 percent of teen drivers admit to using risky behavior and 46 percent of those teens confess that those risky habits were mainly due to driving while texting. In a Virginia text study it found that those risky habits -- oh. It found that these were the cause of distractions for all drivers was the use of a cell phone. The Insurance Institute of Highway Safety found that one in four accidents involve the use of a cell phone. I understand that the use of a phone to text and drive is universally known to be dangerous, but to ignore these statistics is to ignore the deaths of local residents and my school member Kassy Kerfoot and Megan Bartley. Thank you for your time. Are there any questions? de Weerd: Thank you, Caroline. Any questions? Bird: I have none. de Weerd: Thank you. Janelle de Weerd signed up for. I think you know the routine. Please state your name and address. J.de Weerd: Janelle de Weerd, 2621 North Miranda Avenue, Meridian, Idaho. de Weerd: Thank you. J.de Weerd: Okay. And this is the testimony I used last year in the legislature, so some of the things are about last year, but just -- yeah. Okay. Madam Mayor, City Council, hi, I'm Janelle de Weerd. I'm a junior at Meridian High School, as well as I'm on the Meridian Youth Advisory Council. This ordinance at hand is really a problem that is Meridian City Council October 5, 2010 Page 10 of 54 close to my heart. Recently one of our very own high school graduates was killed due to a car accident due to her texting while driving. It really gave my high school and MYAC an opportunity to look at this rising problem in our state. We are keying youth efforts from all around Idaho. Every major network and newspaper has covered this growing problem. Much of the media coverage stems from the banning of texting while driving in 19 states, plus the District of Columbia. These concerns arose when a number -- the number of fatal accidents were the result of DWT, driver while texting, which makes sense. When studies are done Virginia Transportation Institute found that drivers who were texting were 23 times more likely of a risk or -- of crash or a near crash event than nondistracted driving. Also, statistics by the National Highway Traffic Safety Administration attribute four out of five -- 80 percent due to text -- or distracted drivers. The numbers don't lie in this case. Coming from a youth point of view, I see my peers put into the situation where they could lose their lives, not because they are purposely putting their self in a dangerous situation, but solely because of their oblivion to the matter. So, another question is raised. Why not just push education. Let's put it in a scenario. Why are people very hesitant to speed? Because they know if they are caught, not only will their insurance go up, but they could -- and get a ticket, but they could also risk losing their license. It's the same factor that would drive this new law. If you knew you were at risk for a raise in insurance prices, a ticket and for a new driver losing your license, you just wouldn't do it. A scare tactic just may be needed to curb this problem. My group had a breakfast and presented this report to get feedback from the leaders of our community. As we heard what they had to say, personal freedoms were brought up as something that would be violated, such a seat belt and helmet laws. When people choose not to wear their seat belt or wear a helmet, they are putting their selves in jeopardy, though, when people choose to text and drive they do not only put themselves in jeopardy, but they also put the passengers of the car and other cars in a bad situation. As you see, there isn't anything personal about this. As the texting phenomenon continues, precaution must be taken. When there is an average of teens with a cell phone sending 97 texts a day, you begin to wonder where they find the time to text. As opposed to banning using the cell phone at all, it has proven your focus is completely taken off the road, as reported by Jennifer Luven, a study found that texting took a driver's focus away from the road for an average of 4.5 seconds. Enough time to travel the length of a football field at 35 miles per hour. The reaction time is also dramatically slowed. The Drew study, drivers median reaction time increased by 30 percent when texting and nine percent when talking on the phone, compared to performance in a driving only situation. Representing the teens of our state, I would like to make myself clear, that a law banning DWT would save countless lives and make the road safer for all. I thank you for your time, Madam Chair, and City Council. I now open myself up to questions. de Weerd: Thank you. Council, any questions? Thank you. J.de Weerd: And I will be really pushing for government affairs to get involved with this law again, because it's really important for the whole state. Thank you. Meridian City Council October 5, 2010 Page 11 of 54 de Weerd: Thank you, Janelle. Wanda McQuire signed up for. Thank you for joining us. If you will, please, state your name and address. McQuire. My name is Wanda McQuire and I live at 16630 Mulberry Lane in Nampa. de Weerd: Thank you. McQuire: And Madam Mayor and Council, I'm here today as a parent to hopefully you guys will pass this law. I have a son that graduated from Meridian High School two years ago. He is a sophomore in college. He has just lost a good friend last year doing this and he's still invincible. He thinks that it's okay to text and drive down the highway and he said to me: Mom, if they pass this law 80 percent of the high school kids in Meridian will not abide by it, because it's easy, all you have to do is take that phone, hide it, there -- there it is. I feel as a parent that the city needs to take this responsibility and as a state of Idaho I would love to see cell phones banned and it's not only our teens. I have seen adults in their 50s and 60s texting and, let me tell you, they are not nearly as good as these kids behind me, because these guys can text pretty fast. But I would love to see them ban it and save some lives. If there is anything we can do to help this -- and I would also like to see that fine higher than 75 dollars. Seventy-five dollars to a lot of people -- and especially students and kids, it's not a lot of money. can tell you, their friends are going to get together and pull that together. I have a daughter that just moved to the state of Washington. She's been there four days. The state has a no cell phone ban. She picked up her cell phone this morning, not thinking that she's in another state, to call her husband, because she was blocked by the preschool to take her daughter. A state officer pulled her over and he said, ma'am do you realize that we have a law that says no cell phones in this state and she said, sir, I'm from Idaho. I just moved here. Two hundred fifty dollar ticket first time. I don't want to hear your excuse. This is the law. I would love to see this pass and I would love to see a higher fine for anyone that uses a text message, to get the message across it's not okay to text and drive. Thank you. de Weerd: Thank you. Mason Wardell -- Wardell. I'm sorry. Has signed up for. Wardell: I'm Mason Wardell. My address is 115271 La Pine Court. Me, Hallie Knife, Raylee Graves, and Ashley Metcalf signed up for this, not knowing that it was speaking, so -- de Weerd: You don't have to speak. Wardell: I understood that. But I do want to say that I am for this law ban, because have seen teens on the highway driving at, you know, 65, 70 miles per hour texting with no hands on the steering wheel and I just cleared out of that area as fast as I could, because it really scared me and I really think that we should push for this, just because I feel like it really does endanger other lives than just yourself and that's not something that anyone wants to do. So, that's all I have to say. Meridian City Council October 5, 2010 Page 12 of 54 de Weerd: Thank you so much. Hallie Knife signed up as neutral. Knife: Hi. I'm Hallie Knife. I live at 514 North Sanson Avenue in Boise, Idaho. I signed up as neutral, because, really, I just wanted to see everybody's views on this. Like I -- honestly, Idon't text while I drive. I just don't. I would kill 20 people in one day. I can't do that. So, it doesn't really affect me and so I just wanted to see how other people felt about it and what their views were on it, so -- yeah. de Weerd: We appreciate you being here. Knife: Yeah. Thank you. de Weerd: Raylee Graves also signed up as neutral. Okay. Ashley Metcalf signed up for. Okay. Representative Marv Hagedorn signed up as neutral. Good evening. Hagedorn: Thank you. I'm Marv Hagedorn. I live at 5285 West Ridgeside Drive in Meridian. The reason that I signed up to testify was to kind of give you a little bit of a background on the same struggles that you're probably having right now that we had in the legislature with this particular ordinance. I have a saying: In God we trust, everyone else needs data. And one of the things that the Meridian Youth Council did very early on last summer was they brought some very specific data on what the impacts of texting and driving really do. We don't have studies, we don't have data on putting on your makeup, nor do we have data on reading a book or doing a PowerPoint presentation, but we absolutely have data on the impacts of text and driving. The issues that we had in the legislature were very -- quite a number. We have to write statute in the legislature that is applicable to the entire state. From Dixie, Idaho, to Boise, Idaho, and it's very hard to get all of law enforcement, all of the prosecutors, insurance companies, everybody that has something to do with creating that statute to agree on how do we define texting, how do we define rubber necking. Do we need to define these things? Is it applicable to our particular area? And as you all saw, as our legislative session went, we came to an end of the session without being able to do anything. I appreciate the City of Meridian taking this on. I truly believe that there is going to be a number of legislators that are going to watch what happens in Meridian, they are going to watch what happens in Twin Falls, to better understand how our law enforcement folks, including our prosecutors, are going to be able to use these ordinances to educate and to enforce an ordinance such as this. These are hard things for us to come to grips with and I think that an ordinance like this will help us understand if this is something the state needs to do to define texting to this level or do we need to look at other alternatives, of which I'm working with the chief, the prosecutors, and some others on at the state level. After we failed at the legislative level to come to an agreement, the Mayor and I had a discussion about maybe the appropriate solution would be an ordinance, because it is important in Meridian. We do have a problem in our urban areas. The problem is not as much -- or seen as much in our rural areas and, thus, we have issues at the state level getting enough legislators to agree that we need to do something like this. So, at this time I would recommend that you take the auctions that you're looking at that you -- that you approve an ordinance and allow our law Meridian City Council October 5, 2010 Page 13 of 54 enforcement folks, including our prosecutors, to get a better understanding of what it's going to take to enforce an ordinance such as this. We could not change inattentive driving at the state level for a number of reasons, which we wanted to do, because we were -- in the urban areas we were going to plug our court systems up with misdemeanors. The rural areas wasn't that much of a concern. But if we were to change inattentive driving at the state level, that impacted some negotiations that the prosecutors also do. And so there was -- there are so many issues at the state level to try and wrap our arms around this, it's going to take us a little bit longer to do that. I think that at your level here in this city I think you have a great opportunity to have an impact on educating people on what's safe and what's not safe and making our kids and those of us that drive across traffic with our kids much safer. And with that, ladies and gentlemen, I stand for questions. de Weerd: Thank you Rountree: Madam Mayor? de Weerd: Yes. Rountree: Marv, it's not often we get an elected official before us that actually takes a position on a particular item and I thank you for doing that. I appreciate that. My question is do you anticipate or have a sense that the government affairs group is going to take this subject on again? Hagedorn: Council, we do have -- I'm working with Senator McGee now and Representative Wood and the prosecutors, the sheriffs -- we have got a coalition together that we have been working on another bill trying to get everyone to agree on a basis of what we can do. I believe that it's going to be more encompassing than just texting. I think that's where we are going to have. to go in order to get some kind of a state statute and I believe that will be at the level of an infraction and it will cover more things than just texting. So, I guess the answer is, yes, we are going to do something. The last texting bill came through -- started in the senate in a transportation committee, came to the house transportation committee and, then, we -- we sent that to the floor for amendment and that's where things started getting mucked up when we started asking a lot of the same questions I know you guys are asking yourselves. Can we define this? If we define this do we have to define that. How far down this rabbit hole do we go. And at the end of the day I think the key to this whole thing is data shows texting is dangerous. Keep that in mind. That's the bottom line. So, how do you -- how do you wrap your ordinance and your law enforcement around the fact that texting while driving is dangerous. That's where it goes and that's what you have to focus on, because there is a lot of -- there is a lot of testimony, which I'm sure you will hear more of, which we all heard, the makeup argument, the rubber necking argument, all of those kinds of things. If data was there to support that I think that would have been much easier to do that. We don't have that data. We do have data on texting. Rountree: Thank you. Meridian City Council October 5, 2010 Page 14 of 54 de Weerd: Any other questions? Thank you. Hagedorn: Thank you. Zaremba: Madam Mayor, I would just thank you for your service in the legislature and appreciate you're always looking out for Meridian. Hagedorn: Thank you. de Weerd: John Longhurst signed up against. And also in part of our public records you did note that Mr. Longhurst also called earlier today. Thank you for being here. Longhurst: Yes. You're welcome. Madam Mayor -- de Weerd: If you will state your name and address. I'm sorry. Longhurst: Oh. Okay. John Longhurst. 2141 Northeast 10th Avenue, Meridian. 83646. Okay. Well, I just want to first of all commend everyone who has spoken so far, because they have -- everyone has made at least one good point and I think there is one thing we can all agree on and that's that it's not good to text and drive. I mean, you know, I personally have never done it, but, then, you know, I have never -- I don't send too many text messages and -- but -- but aside from that, which really has nothing to do with anything, Ijust -- I just want to say that we really -- I don't think we need another law on the books. We already have, in my opinion, too many laws. In fact, there are laws on the books right now that -- at least one or more that everyone in this room doesn't know anything about and that -- you know and we just don't need more laws. Now, the gentleman that just spoke that served in the Idaho legislature -- I don't recall his name. Anyway, Idid -- there was one thing he said about -- you know, concerning how far down a rat hole we go. That's a concern, because if we pass this law, you know, what are we going to pass next. Is it going to become -- you know, are we going to say, okay, well, if we -- in the name of safety if we say -- if we require drivers of automobiles to wear helmets, that would save lives, too. Are we going to do that? Are we going to require pedestrians on sidewalks to wear helmets, because that might save a life somewhere also. Those are things we need to look at, you know, and if we -- if we pass a law like this today and keep -- you know, where are we going to be five, ten years from now, 20 years from now? In Idaho, you know, I think, in my opinion -- I have lived in this state for most of my life. I was born here. I have lived here for about the last -- ever since 1978. Before that I actually grew up in eastern Washington. But aside from that -- but, anyway, the reason I mention that is people who were -- have been born and raised in Idaho I believe have pretty good common sense and we don't need an excess amount of laws here and I can't speak for every other part of the country, but here, you know, I mean we can figure out -- we know the difference between right and wrong. Parents teach their children, you know, what's right and what's wrong and -- and that should be what we should look at. Also, the very first speaker -- gentleman, I want to commend him for mentioning the website. I think that's a real good idea. You know, Meridian City Council October 5, 2010 Page 15 of 54 mean we need to be against that, but the way -- the way to solve this problem is to use positive peer pressure among the teens that are doing this. You know, now Meridian High School apparently has some kind of a club now. I'm glad to hear that. I have a daughter that just graduated from Meridian High School last spring and, you know, that's something that -- that every high school in the area could have and we could become, in fact, a leader in -- in using positive peer pressure to solve this problem, instead of a law. So, just -- those are some good ideas. Another -- another thing that we could do would be -- you know, we could have a website, maybe the one that's already there, or create one where anyone caught texting and driving, no matter their age, you know, where it would -- could be absolutely proven that's what they were doing, that they would have their name posted on that website for, you know, whatever period of time we deem it necessary, just to make it socially unacceptable to do that. And so those are some of the -- you know, the reasons why I'm against it and against a law being passed and, you know, I just think that we can do it without the law and, besides that, you know, police officers don't want to cite somebody for a misdemeanor and have them serve possible jail time when they want to take somebody to jail for something like that. They'd rather -- they'd rather find a real bad guy, you know, that committed a violent crime and put him away, you know, and we don't want to clog up the jail system and create a burden on our -- you know, on us as taxpayers to create more jail space, you know, for all these people that, you know, haven't done -- you know, they haven't committed violent crimes, they don't belong in prison. You know, not saying that they are all going to -- they'd all go there, but, anyway, I think that police officers could understand that and probably relate to that idea. And so with that said, I guess I'll leave myself open for questions. de Weerd: Thank you. Council, any questions? Rountree: I have none. de Weerd: Thank you, sir. Longhurst: You're welcome. de Weerd: Okay. Nanette Knight. Oh, it's Nan. Okay. Signed up in favor. Knight: Madam Mayor and City Council Members, Nanette Knight. Go by Nan. 1382 North Penbrook Avenue, Meridian. de Weerd: Thank you. Knight: I'm actually here to -- a testimonial. I was actually rear-ended by somebody not paying attention. Not only was she texting, but she had several other things going on. Three weeks before my wedding. In less than two minutes my life changed. I went to the doctor this morning, I'm at 60 percent to where he thinks I'm going to be. I may never get back to a hundred percent, because somebody decided to be negligent. Driving is a privilege, not a right. Everybody is entitled to drive. Nobody is entitled to Meridian City Council October 5, 2010 Page 16 of 54 put other people in danger, themselves or anyone else, and to totally disregard someone while you're behind the wheel and think, oh, well, you know, this law needs to be passed. It needs to be stiffer than a 75 dollar fine. These children are adults that are doing this -- this behavior, changing people's lives drastically. It's selfish. No one's going to learn at a 75 dollar fine. I mean it does need to be passed. It's imperative that we save lives and we educate and I am so proud of these youths that are here today. I mean what happened to me from somebody that had six priors to hitting me under the age of 20. Now, my honeymoon was canceled and my job went away and I have had to start over, because somebody decided to be negligent behind a vehicle and all I want to say is driving is a privilege. Everybody deserves to be safe in their own vehicle. This law needs to be passed. It's imperative that we do something. I appreciate the opinion of the speaker before me. I think he's completely wrong, because if we don't do something now and consider it just as dangerous as drinking and driving, texting and driving, or any inattentive behavior behind a vehicle, is like having a loaded weapon. We do not have the right to endanger others while we are behind the wheel. Thank you. Do you have any questions? de Weerd: Thank you, Nan. Appreciate it. Brian Knight also signed up in favor. Thank you. Christy Sterns, signed up against. Thank you for joining us. If you will, please, state your name and address for the record. Sterns: Christy Sterns, 2625 Selway Rapids Lane in Meridian. de Weerd: Thank you. Sterns: I'm not necessarily testifying against this, because I do agree that it's a huge problem and a big distraction. However, my concern would be -- is to the effectiveness of the way that this ordinance is written, because when you look at the way that it is described here and the description under the definition of texting, I don't know if it's necessarily going to do what you put it in place to do and if it's going to make that big of a difference. Although the texting isn't -- it's a horrid distraction. There is so many other things. And this is where I think it failed in the legislature, it's so broad and like when you look at the way it's written here, there is quite a bit of vagueness to it, because you have got different things, like GPS devices where people are taking their eyes off the road and typing it in, which I agree is a distraction also. But, then, when you read it under the texting here and it talks about transmitting wireless messages, how do you -- you know, you get people that use these phones that have got their mobile web on there, they have got their Facebook and different networking sites and that's, I guess, where my concern would be is that I do agree that this is a huge problem, but does this really cover the entire issue, because there are many things that people use these handheld devices for other than texting and that would be my main concern. That's about all I have to say. de Weerd: Thank you. I appreciate your comments. Sterns: Thank you. Meridian City Council October 5, 2010 Page 17 of 54 de Weerd: Those are the names that are signed up on this list. Is there any other testimony from any member of the public? Yes. Catherman: Hi. My name is Liz Catherman and -- 2667 West Sheryl Street, Meridian. de Weerd: Thank you. Catherman: I really wanted to address a lot of things that were said by -- I believe it was John Longhorn. I have lived here -- okay. I have lived here for 48 years. I was born and raised. And I can tell you now that the majority of Idahoans do want this law passed. I have lived here all my life and the people that I have talked to -- and I have talked to a few -- and they do want this law. Also, police officers don't mind writing out tickets to people. I have even talked to the police officers myself, they have really been wonderful with us, the Meridian Police Department, and they would rather write out a ticket to somebody than go to somebody's house to tell them that their child is dead or that their parents are dead. I believe this is something that we do need to do. Yes, it could be a stiffer penalty, but this is a great start and I applaud you for doing this and the police department and anybody else who was involved with this. I believe my daughter is involved with this, too, getting this together and -- Megan Bartley. I have got in front of me here a collage of pictures of people that -- they are families I met back in Washington DC. There are so many stories out there of people dying from not just texting and people driving, but cell phone use period. So, my idea is we get cell phone use out of the cars all together. Story after story. A woman walking on the side of the road, minding her own business, hit and killed. A young man who wanted to be on the bicycling team at Berkeley in California. Riding his bike, minding his own business. Hit by a young lady texting. Mothers, children -- a 13 year old here, she was on her way home on a school bus. Truck driver who was texting his company, slammed into the bus killing people and this little 13 year old was stuck in that bus and she burned to death. You cannot look at the families of the victims and tell them that this is unimportant, it's just another law. It is not just another law and I'm tired of hearing about studies, data. Just look at the facts. Let's just see what's going on here. It's a no brainer. And I guess that's really all I wanted to say. I have been on the other side of the coin. I have been on the other people's side where I think why is the government telling us what we can or cannot do in the privacy of our own car. This is ridiculous. But now that I'm on the other side, I have lost a loved one. Now that I'm on that side of it, I look at it totally different. So, if people who think that this is unnecessary, if you could, please, just picture one of your family members dying from this or walking on the sidewalk getting hit and killed or your family being wiped out, try to look at it from that side. I have been on the other side and I guess that's all to my ranting. And I'm open for questions. de Weerd: Council, any questions? Hoaglun: Madam Mayor? Meridian City Council October 5, 2010 Page 18 of 54 de Weerd: Mr. Hoaglun. Hoaglun: A question, Liz. Catherman: Absolutely. Hoaglun: If we pass this law that's just, really, one component of this. We need enforcement, which I believe we have officers who can use good judgment to do that, but I think there is a third thing that's needed and an education component. We need to educate people about the dangers. I understand there might be some things that you will be doing in the future on that front? Catherman: Yes. We are going to be going around to schools, drivers ed classes, churches, youth groups, anybody who will listen to us and just talk to them and show them the reality, you know -- like I said, studies are fine and all, but when you show them the reality of this, it really can happen -- it can happen to anyone of you guys in your family. God forbid, I hope it doesn't and I'm hoping this will help out, but that is a big deal, education. We have got to let people know and we have to hold each other accountable. I was in a car -- after this happened to my own daughter I was in a car with a friend. Her phone rang and she went to answer it. Well, I grabbed it and I said, no way, not on my time. I don't feel like dying today, but thanks. And I know it surprised her, but I just was -- we have got to hold each other accountable, even when you're the passenger in the car, it's your responsibility, as well as the driver. Hoaglun: Thank you. de Weerd: Well -- and, Liz, I think when you stated that there is a gale storm behind all of this and it was your loss and the loss of Kassy that really got our youth council -- their attention to be part of the solution. We appreciated you coming and sharing your story with the youth council and the legislators and saying, you know, we have too much to lose. Catherman: This is reality and we need to face it. Just one more thing. Ten rows back from where my daughter is buried is another young lady Megan Bartley, who was minding her own business, too. She was stopped in traffic and a young man doing 70 miles an hour came up from behind her and shoved her into semi that was in front of her. She was two months away from getting married. If you could look at it from -- like said, the victim's families and who is left behind and who is not left behind and we do have a right to be safe when we are in our cars. We have a right to be safe when we are walking on the sidewalk or riding our bikes. We have the right to be safe. And this is a good step. It's a first step, but it's a good step. de Weerd: Thank you for being here. Catherman: Thank you. Meridian City Council October 5, 2010 Page 19 of 54 de Weerd: Is there anyone else who would like to provide testimony on this issue? Clegg: My name is Doug Clegg. I'm actually here for another cause, but I'm inspired by the youth and so I'm going to tell you where I'm from and tell you some thoughts that I have just quickly. I reside in Eagle at 1342 East Covey Run Court. I'm thrilled at the youth and it .kind of excites me, because it makes me feel like I watch more TV and do less public community service. We have got -- our future's in great hands. I remember when we first started getting mobile phones we called them car phones and I was actually living in Southern California and at that time the only car phone you could get was, actually, attached to your vehicle and there was a little remote that set on your visor and if you weren't in the car the car would honk and so you could drive down the road very amiably and somebody would call and you'd push a button and it would be similar to pushing your radio on and the whole car would light up and you would just talk, chat it up. And, you know, our technological world is evolving very rapidly. I am definitely in support of a law and in support of positive change. This is an issue in our society, but I think we have to be very careful and recognize that we are dealing with a myriad of distractive influences and I'm not supporting the decision of the one individual that was in contestation of this, I'm just simply saying that however this is drafted, we have to be very careful that we are not drafting a document that is so micro designed that as this technology evolves we miss the scope of distractions. So, that's -- that's my only comment. I doubt you want to ask me questions, so I won't stay, but thank you. de Weerd: Thank you. Testimony? Bond: Thank you, Madam Mayor. My name is Ryan Bond of 694 West Amity Road in Boise. de Weerd: Thank you, Ryan. Bond: I have witnessed two accidents, one last year and one this year of texting and driving. The one last year, a high schooler about a junior, my -- the same year as me -- was coming out of Borah High and he cashed into a female driver, a student of my age, too, coming into Borah. I went back later to talk to the kid and they never gave him a ticket. They gave the lady driver, who was paying attention, the ticket, because she was turning in. And, then, the one this year, the -- there was a truck in front of her and there was a truck behind her. The guy behind her was texting and driving going 60 miles an hour. He hit the car, which plowed her into the truck in front of her. They don't know how bad it was. They don't know if -- the guy behind them is fine. He never went to the hospital. I have almost just today just about got into a wreck. The lady was pulling out of -- out of a street and I was coming up the hill, didn't see her, she pulled out in front of me, I honked at her, and she rudely flipped me the bird. And my friend started laughing, I said it's not funny. That could have been us that could have been just the same accident that happened two weeks ago. And, then, later that week I went back to go back to school and another driver did the same thing to me. He pulled out in front of me when I was trying to get to school and I don't appreciate it, they don't do anything about it. A cop, he passed me, didn't care. He just went on. And, then, a Meridian City Council October 5, 2010 Page 20 of 54 couple weeks ago I witnessed a cop texting and driving. He was coming -- he was in front of me and stopped for no reason. There was a light in front of me that was green and stopped to look at his phone and I just about hit him, because I was trying to pay attention to the person behind me who was tailgating me and I have recently tried to not get in accidents. Most of them are all caused by texting and driving and I'd appreciate it if this law was passed, because it would save me the time, it slowed me down at work, my boss yelled at me for it, and I just about lost my job for it, because too many driver's were texting at 5:00 o'clock in the morning. I will open up myself for questions. de Weerd: Thank you. Any questions from Council? Thank you. Any further comments? Good evening. Lowe: My name is McKenna Lowe. I live at 13270 West Scotfield Street. I would just like to say that this issue has become very important to me. It hasn't really directly affected me. I was riding in a car with a friend and he picked up his phone and I told him to put it away, because I know what can happen from picking up a cell phone while driving and he thought he was invincible or something, he didn't listen to me, and just blew it off and I notice a lot of teenagers are reacting to this and people of all ages, you know, they just shrug it off and think it's not a big deal. Oh, it's not going to happen to me. I'm invincible or whatever. But the truth is that it does happen to people and, like I said, it hasn't happened directly to me, but it has happened to people and it could happen to any of us and it's one hundred percent preventable and I think until people who are held accountable for it, either by other people in the car or by a law that requires them to pay a fine and until they are held accountable for that, they are just going to keep shrugging it off and saying it's not going to happen to me or until something bad happens and it needs to be prevented, you know, rather than an accident actually happening. So, I think this law needs to be passed and it's very important that people take this more seriously and I think by enforcing that and holding people accountable more lives can be saved, because what's really that important that you have to say in that text message and people just don't understand that. So, I would just like to say that. de Weerd: Thank you. Okay. Any further comments? Council, any questions for staff? Rountree: Madam Mayor, I have a process question for Bill. We did -- we do see a new draft tonight with some additional that weren't on the first reading. We are now looking at the second and third reading of the ordinance. I'm questioning what's the appropriate process at this point, to move forward with the action on the ordinance or should we publish it one more time because of the addition? Nary: Madam Mayor, Members of the Council, Council Member Rountree, our recommendation would be to bring it back next week. You could do it as a first, second, and third reading on your next calendar, if you wish to include the definition. We, again, felt that was -- made it a little bit stronger and more clear. But if you would like to add that, our recommendation would be to put this on for one more reading. You can combine all the readings under a first, second, and third and put it on for next week. Meridian City Council October 5, 2010 Page 21 of 54 Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A question for Mr. Nary. We had talked about this at one time, about texting while driving and the definition of driving and I see you made the change here in that first sentence, texting while operating a motor vehicle while such vehicle is in motion shall be prohibited. So, if I recall correctly, that should take care of the issue at some of our lights, especially at 5:30 at Fairview and Eagle and you're going to be waiting there through two lights, you can while you're sitting there, the vehicle is not in motion, you can text and do that until you start -- start to proceed, is that correct? Did I read that correctly? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun that is correct. In the discussion the decision was made to allow that -- if the vehicle were stopped to allow that type of action, but not while it was moving. Hoaglun: Okay. Great. Well, I'm a texter, so I like that, but we definitely have to make sure they are not moving, so -- Nary: Yes. de Weerd: Any other questions from Council? Rountree: Madam Mayor, I -- I think the definition adds some substance to some of the issues that people have brought up about being specific enough in defining what some of these things are. Though I don't want to put off action on this item, I think it would help to have that in there and if we can have that definition in and do it as a first, second, and third reading, that would be where I would suggest we go. If not, I'm prepared to take action as well. I don't know about the rest of the Council. de Weerd: Council, what are your thoughts? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I would -- I think that draft needs to be put into it. I agree. We can bring it back forward. I don't agree with the -- I was the one that disagreed with texting in a vehicle at all. The only time you should be texting is when you're off the street. If you're sitting at a stop sign how many times have we seen people on phones and stuff -- the light turns green and they are still sitting there and somebody rams them in the back, because they are ready to go. I think if they are in a running vehicle they shouldn't be allowed to do it. That's my opinion. But I think we need to add that to the ordinance so it's clear. Meridian City Council October 5, 2010 Page 22 of 54 Hoaglun: Madam Mayor, I like this ordinance and I do like this change. It does add some things to it and making sure the definitions are clearly there so our prosecuting folks can -- not have anything that would hamstring them and it takes out the questions about GPS and those types of technology and tried to narrow the scope to what we are trying to deal with and, hopefully, protect people from drivers that aren't paying attention when they are texting. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would comment that I hope at sometime soon that the state legislature is able pass such a law as well. In the meantime, I feel we need to. The dangers are pretty clear and we should do it. Like the other Councilmen have expressed, putting it off for another week is not something I would really like to do, but if we end up with an ordinance that is more enforceable, I think that's the wise thing to do. We all hope that some day it will be replaced by one made by the legislature, but in the meantime we need to do this and if it takes another week to get the wording right, then, that's fine with me. Nary: Madam Mayor? de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, just so you know as well, that the draft that's in front of you tonight was not to be effective until the 1st of November anyway. So, your delay won't impact what was intended, which was to give a little bit of time for some media coverage and some opportunity for people to be informed of the change. By your turnout tonight and the comments we received it sounds like a lot of people have been informed. So, it won't change, really, what the objective was, which was November 1st it would be effective. de Weerd: Chief or Terry, any comments? Lavey: Madam Mayor, Council. Just one last comment. I do believe that education is quite necessary, but I will like to point out that for 20 years or more we have been trying to educate people that drinking and driving is not appropriate and we have over 3,500 DUI arrests here in Ada County alone each and every year. So, we need something more than merely education. Thank you. de Weerd: Thank you. Well, Council, I know that this was a passion and a subject of our Mayor's Youth Advisory Council, but particular at the state level were recognized as the voice of youth that provided a lot of research as Representative Hagedorn had pointed out and their passion you have seen in front of you. Certainly was stirred by some of the personal stories that have hit us very close to home, to our very own families, and the dangers of this form of distracted driving. They made it their mission Meridian City Council October 5, 2010 Page 23 of 54 and I think that their mission gave fuel to our police department and a challenge of how can we make it work, something that can make our streets a little safer. Some of the discussion at the state level and the senate committee that considered this or the transportation committee and, then, pass the senate floor, did have it as a misdemeanor, which concerned our law enforcement officials, that until you have that opportunity to get their attention, an infraction was for the first one or two incidences, was that warning. But after that a misdemeanor was warranted and that they could -- they could pallet that. I think we have a challenge tonight with the response from our community. We are a -- family friendly and we value our youth, but I don't want to purport that this is just a youth problem. The other day we were returning from a meeting in Boise and I was with the chief and deputy chief. We went more than a football field next to a car that was texting and he didn't even know we were there. Almost rear-ended the car in front of him until our deputy chief got his attention with his siren and, then, he looked up. It really was concerning to think that someone can drive that distance with -- in total oblivion as to what was going on on the road and that's what's happening. We appreciate everyone that's been here with us tonight. It does sound like Council will continue this until next week, so that we can fully publish what has been brought in front of Council this evening with the addition and definition of wireless handheld device and so action will be taken at our next Council agenda next week. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I would move that we send ordinance -- proposed ordinance number 10-1457 back for redrafting and adding on the definition of a wireless handheld device, bring it back next week for passage with suspension of rules. Zaremba: Second. de Weerd: I have a motion to continue this to next week with the addition of the wording that's in front of you. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Thank you for join this evening. I will call a five minute recess, so we can clear -- clear the room, except for those who would like to stay and join us for the rest of the meeting. RECESS: (8:18 p.m. to 8:33 p.m.) Item 7: Items Moved From Consent Agenda de Weerd: Okay. I will go ahead and call this meeting back to order. Okay. there were no items moved from the Consent Agenda. Meridian City Council October 5, 2010 Page 24 of 54 Item 8: Action Items A. Continued Public Hearing from September 28, 2010: VAC 10- 006 for Spring Creek by Douglas Clegg Located at 3165 N. Meridian Road Request: Vacate an Existing Irrigation Easement on the Site de Weerd: So, we will move to Item 8-A, which is a continued public hearing from September 28th on VAC 10-006. Wafters: Thank you, Madam Mayor, Members of the Council. Just a little background. The Commission recently approved a Conditional Use Permit for an assisted living facility on this site. The applicant is requesting approval now to vacate an existing recorded 12 foot wide public utility drainage and irrigation easement bisecting this site that serves the Presbyterian Church to the west. The applicant proposes to relocate this easement along the south boundary of the site. This is a vicinity map and zoning and aerial view of the property. And the site plan that was approved for the assisted living facility. You will note the existing easement and the proposed easement location where it will be relocated. The applicant has submitted a new easement and maintenance agreement as required by Public Works. It has been signed by the property owner, but not yet signed by the church. Written testimony has been received from Doug Clegg, the applicant, in agreement with the staff report and Tim Morgan. Staff is recommending approval of the subject application. Kyle Radek, assistant city engineer, will answer any questions the Council may have on this application. Thank you. de Weerd: Council, any questions? Rountree: I have none at this time. de Weerd: Okay. Does the applicant have any comment? Clegg: Madam Mayor and City Council, thank you. Doug Clegg for the record again. 1342 East Covey Run Court. I just -- I wanted to thank your staff, they have been very amenable and done agreat -- great job processing this. I would like to clarify for the record this -- this easement that we are seeking to abandon was initially put into place when the church, who owned all this property, did a development application with the City of Meridian and it was subdivided into Strausser Farms. I believe that's the name of it. At the time it was subdivided there was a property line about mid way on -- from north to south running east and west and according to the current ordinance, the current ordinance at that time, a public utility easement was put in place. That was, I believe, in 2003 and a couple years after that the church entered into an agreement with David Price, sold him that property, and when they sold it to him I believe what they did was a metes and bounds adjustment and vacated that property line that was put in place. The due diligence was never done and the easement was never vacated. The existing Meridian City Council October 5, 2010 Page 25 of 54 private sewer that the church currently has in place that is accessed to Meridian Road, is about 45 feet to the north of this existing easement that's in place -- or a PUC that's in place right there. We were -- it was requested that we create another easement on the south side of this project to provide a -- and with that a maintenance agreement with the church to relocate their sewer and to develop an irrigation lateral that would provide them access through the irrigation rights through our property. We have done that and it's our feeling -- opinion, even though incorrect -- and I'm open for education regarding this -- that there is no and should not be a connective relationship between the proposed easement on the south side of the project and this existing easement that we are trying to vacate, which, frankly, just was not done when it -- when that property line was -- was abandoned back in 2005. So, I'm stating that as a clarification and I'm open for questions or education or any thoughts on that from staff or Council or the Mayor on that. de Weerd: Council, any comments? Or staff? Rountree: Madam Mayor, I'd have to have comments from staff, because I'm not sure what he said. Clegg: I'm not either. I just talk. de Weerd: I was concerned that I didn't know what he said, too. Friedman: Madam Mayor, Council Members, I guess it falls to me to provide an answer to that, so if you will give me just a moment to make one up, I'll see if I can. I believe if -- what I heard Mr. Clegg saying is there may have been some differences of opinion over the last few weeks as to the legality and necessity of having this easement and maintenance agreement. It is a rather unclear situation, but if I'm correct, even if there was some lack of clarity in it, the applicant has, in the interest of good neighbor -- being a good neighbor, has provided the easement and the maintenance agreement to provide some certainty and surety for his neighboring property owner. Did I accurately reflect what I thought I heard you say? de Weerd: Now, Doug, is that the property owner the church or the property owner the suites? Clegg: It's the church. de Weerd: Okay. Clegg: Tim Morgan has been their representative and that private sewer lateral that they are wanting to keep in place, we certainly want to maintain that, but it has to be rerouted and it was understood when the property was acquired from them that at some date they would have to abandon that or reroute that private sewer lateral. But there is no connection with the private sewer lateral and the current easement that we are trying to abandon. It's 45 feet to the north of this existing easement and the easement was Meridian City Council October 5, 2010 Page 26 of 54 put in place when they subdivided the property to protect --Ithink it was just probably the ordinance -- of that common property line for future utilities to be brought through there. So, when the church abandoned that property line, they never did the work to get rid of the easement and now we are saying we really can't build this building unless we get rid of it. The misunderstanding Ithink that took place on our part was that we felt the city's position was -- we are not going to let you abandon this easement until you first have a new easement in place to protect the sewer and irrigation, but right now the current easement doesn't protect anything. It's just there. There is no utilities inside the easement and there is no need for it. We are just saying let's get rid of it. We are going to do the easement for the sewer and the irrigation and we have a maintenance agreement for that. What we don't want is to have that hold up our project because the church -- the way they function, they have got a local and, then, they kind of have a diocese level where they go through an approval process for signatory procedures. We are not even until November until we can get them to sign this agreement when they go through this multi-tiered process and I'm sitting here saying I'm going to be digging 18 inches of frost if we don't get this abandonment taken care of and kind of get things going a little bit. So, that's kind of our hope. Is that too much information? Rountree: That's helps. Clegg: Okay. de Weerd: Ithink it's just helps to say you will work with the church and make good whatever and -- you need approval. Is that what I understand you to -- Clegg: In behalf of the church, amen. Yes. We are on board. de Weerd: Very good. Clegg: Okay. de Weerd: Any other questions from Council? Rountree: I have none. Bird: I have none. de Weerd: Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we close the pubic hearing on Item 8-A. Meridian City Council October 5, 2010 Page 27 of 54 Bird: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve VAC 10-006, vacation of the existing irrigation easement on the site. Bird: Second. de Weerd: I have a motion and a second to approve Item 8-A. Any discussion? Hoaglun: Madam Mayor? de Weerd: Yes. Hoaglun: Question probably for staff. Was there a change to the DA in this or nothing that needs to be changed in this? Friedman: Madam Mayor, Council Members, Council Member Hoaglun, no, there is nothing affecting any DA or anything. There was a condition of the Conditional Use Permit that required this matter to be addressed. Hoaglun: Okay. Thank you. de Weerd: Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: TE 10-021 Arch Rock Subdivision by CTD Development, LLC Located at 4550 N. Linder Road Request: 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Meridian City Council October 5, 2010 Page 28 of 54 de Weerd: Item 8-B is a public hearing on TE 10-021. This has been requested to continue to October 26th. I have opened the public hearing. Council, do I have a motion to continue? Rountree: So moved. Bird: I move that we continue TE 10-021 to October 6, 2010. Zaremba: Second. Bird: October 26. I'm sorry. Zaremba: Second. de Weerd: I have a motion and a second to continue this to October 26. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: TE 10-022 Ambercreek No. 2 by Trilogy Development Located Southwest Corner of N. Meridian Road and W. McMillan Road Request: Approval of an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 8-C is a public hearing on TE 10-022. I will open the public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. The time extension is for Amber Creek Subdivision final plat number two. The site is located on the southwest corner of Meridian Road and McMillan Road. The original plat was approved by Council in February 2006 and the final plat was approved by Council initially in July of 2006. Subsequent to that time the applicants did apply for and have received two time extensions to obtain the city engineer's signature on the final plat. The last time extension that was granted by the Council back in -- I believe it was March of this year, was predicated -- that approval was predicated on the applicant signing and -- the development agreement, which had not been signed, but also to construct the five foot sidewalk along McMillan Road along the boundary of the subdivision and, in fact, there had originally been some conditions for that to be extended off site to Meridian Road. That -- both of those conditions have been met. The development agreement has been signed, the sidewalk has been constructed. So, they have fulfilled the conditions of the last time extension. Therefore, staff is recommending approval of this third time extension without any new conditions to be added to it. And that is all I have. de Weerd: Thank you. Council, any questions? Meridian City Council October 5, 2010 Page 29 of 54 Bird: I have none. de Weerd: Is the applicant here this evening? Brownley: Thank you, Madam Mayor, Members of the Council. For the record, Shawn Brownley, 2365 South Titanium Place in Meridian. And we are requesting an 18 month time extension and we do concur with the staff report and I would just really like to say that we apologize for not meeting our obligations on phase one. There was some turnaround in the office, lack of experience with the development agreement and everything, so I'd just make a record that I really do apologize that wasn't done the last time I came in front of you, so I am happy to say that it is completed and just request a time extension. I'll stand for questions, apologize, and thank you. de Weerd: Thank you. Any questions from Council? Rountree: I have none. Bird: I have none. de Weerd: Okay. Is there any testimony on this item? Seeing none, Council, any further questions for staff or applicant? Zaremba: Madam Mayor? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we close the public hearing on TE 10-022. Rountree: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve TE 10-022, the Amber Creek No. 2. Hoaglun: Second. Meridian City Council October 5, 2010 Page 30 of 54 de Weerd: I have a motion and a second to approve Item 8-C. If there is no 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. D. Public Hearing: TE 10-023 Zebulon Heights Subdivision No. 2 by The Traditions by Amyx II, LLP Located South Side of E. McMillan Road and West of N. Eagle Road Request: Approval for an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Item 8-D is a public hearing on TE 10-023. I will open this public hearing with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for approval of a third 18 month time extension to obtain the city engineer's signature on a second phase final plat of the Zebulon Heights Subdivision No. 2 preliminary plat. Here is a vicinity map of the property. The property is located on the south side McMillan Road, west of Eagle Road. A copy of the preliminary plat that was approved for this subdivision. It consists of 175 single family residential building lots and 20 common other lots on 72.85 acres of land. The applicant states the construction drawings and final plat for the next phrase have been completed and the construction plans have been approved by all governing agencies. The project is under construction and expected to be paved on or before November 15th of this year. The developer intends to record the final plat for Zebulon Heights Subdivision No. 3 in 2010. A little background on this project. A development agreement was approved with annexation of the property, which required future buildings on the site to comply with the elevations approved by Council with the planned development Conditional Use Permit. These are copies of the elevations that were approved at that time. Because the Unified Development Code now requires ten percent open space to be provided for developments over five acres in size, the applicant has submitted a revised conceptual plat showing 10.91 percent qualified open space as required. As a condition of the subject time extension, the applicant shall be required to provide a minimum of 10.91 percent open space as proposed. There are no outstanding issues for City Council. Written testimony was received on this application from Sheri Stiles, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the time extension with the conditions in Exhibit B of the report. Staff will stand for any questions the Council may have. de Weerd: Council, any questions for staff? Bird: I have none, Mayor. Meridian City Council October 5, 2010 Page 31 of 54 Rountree: I have none. de Weerd: Okay. Would the applicant like to make comment? Good evening. McKay: Becky McKay, Engineering Solutions, 1025 North Rosario, Meridian. I'd just like to let the Council know that this phase is under construction. We are about 70 percent through and we plan on paving this. With this particular -- this phase that you approved here back in July, we will be opening up our second entrance to McMillan Road and bridging the Settlers Canal, which is desired by the existing residents out there, because we have got a lot of complaints about left-hand turns onto Eagle Road and I would like to let the Council know that they told me the other day that all their model homes were sold and these are larger, what I would consider kind of, you know upper end homes and the big selling point they have out there is they allow an RV garage or they allow an accessory building behind the home, because we have larger, deeper lots and so it's kind of setting them apart from the others, but -- and they have had a lot more interest in custom homes since they saw the construction with the McMillan entrance, because a lot of people were turned off by Eagle Road entrance limitation. Thank you. Do you have any questions I'd be glad to answer them. de Weerd: Council, any questions? Hoaglun: Madam Mayor, just one quick one, Becky. You have no problem -- the new update on open space, the 7.95 acres, you will be able to meet that it sounds like? McKay: Yeah. It's based on the calculation. We have about 85 percent of the project is detached walks, so with that -- being able to count that parkway, then, that puts us up over the ten percent. I know we had a big discussion on the last time extension about imposing new standards on older projects. Thank you. Hoaglun: Thank you. de Weerd: This is a public hearing. Is there any member of the public who would like to provide testimony on this item? Okay. Seeing none, Council. Bird: Madam Mayor'? de Weerd: Mr. Bird. Bird: I move we close the public hearing on TE 10-023. Rountree: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. Meridian City Council October 5, 2010 Page 32 of 54 MOTION CARRIED: ALL AYES. Bird: Madam Mayor`? de Weerd: Mr. Bird. Bird: I move we approve TE 10-023. Hoaglun: Second. de Weerd: I have a motion and a second to approve Item 8-D. If there is -- yes. Hoaglun: Madam Mayor, just to clarify with the maker of the motion, that is to include the condition that they meet the ten percent open space? Bird: Yeah. That's right. You bet. That's included in the motion. Hoaglun: Then, second will agree. Bird: It was part of her testimony. de Weerd: Per the drawing in front of you; correct? Bird: You bet. de Weerd: Okay. If there is no 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. E. Public Hearing: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project de Weerd: Item 8-E is a public hearing on MDA 10-008. Watters: Thank you, Madam Mayor, Members of the Council. The project site is located on the east side of Eagle Road between Ustick and Fairview Avenue. This is a request for a development agreement modification. There is also a conditional use permit modification in process to be heard by the Commission on Thursday. The applicant requests approval to modify the site plan, landscape plan, building elevations Meridian City Council October 5, 2010 Page 33 of 54 and certain provisions contained in the development agreement for Regency at River Valley apartment project as follows: A change in the maximum number of apartment units from 204 to 240. A change in the minimum square footage of the clubhouse from 4,804 square feet to 4,536 square feet and removal of the 75 -- excuse me -- 755 square foot cabana. The restrooms and changing area that were originally proposed in the cabana are being included in the clubhouse now. A change from a water feature to a bronze statute at the entryway and inclusion of a hot tub as a site amenity. Update the requirement for covered parking spaces to reflect that shown on the updated site plan and the previously approved variance. Allow for a temporary emergency access to be provided via Eagle Road until such time as Allys Avenue extends from River Valley to the north and connects to Ustick Road. Remove the requirement for a six foot tall chain link fence to be installed along the south slough and pedestrian bridge to be constructed over the South Slough as the South Slough has been tiled. Staff also recommends the design of the site and all future structures comply with the Meridian design manual and the building materials for the clubhouse are consistent with those of the apartment buildings. I'll just go over the changes here. The plan on the left is the previously approved site and landscape plan. The one on the right is the proposed plan. There is one less building proposed now. The apartment buildings are going to four stories, rather than three, as previously proposed. These are the previously approved building elevations that show the three story versus the four story as proposed. Basically, the same building materials as before. This is the previously approved clubhouse elevations and floor plan. And this is the proposed elevation. It's the same elevation, just different building materials and new floor plan. Staff is recommending approval of this application. There was written testimony submitted by Greg Rindlesbacher in response to the staff report in agreement. That's all staff has. If the Council has any questions. de Weerd: Council, any questions for staff? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I do have one. In the packet -- and this would be the next to the last page, which the pages aren't numbered, but it's the 14th page in the packet, listing the conditions. I understand with the South Slough having been tiled there is no need to have a bridge over it, but it appears that the entire paragraph S is being crossed out, which means that we are losing the ten foot wide multi-use pathway and it seems to be rather than the entire S being crossed out, only the two words and bridge should be crossed out. The ten -- ten foot multi-use pathway still needs to remain. Am I not interpreting this correct? Because it's not real clear, but it just looks to me like all of A is crossed out. Wafters: Madam Mayor, Councilman Zaremba, if you look at the site plan, the multi-use pathway is shown to be constructed to the property line here at the northwest corner of Meridian City Council October 5, 2010 Page 34 of 54 the site and development of the site is required to comply with the site plan. Zaremba: Okay. Wafters: There is also a requirement of the conditional use modification that that be constructed also. Zaremba: Okay. Hoaglun: So, Madam Mayor and Sonya, just to make sure I understand, the picture trumps the words, because I see what Councilman Zaremba is talking about, so that site plan that the picture depicted with the pathway, that's what they must follow. Wafters: That is correct. I was just looking to see if there was another condition in here. I was thinking there was that dealt with the pathway. But we can leave that in and, you know, modify that if it's the Council desire. Friedman: Madam Mayor, Council Members, as Sonya said, we can leave it in here or -- it's clearly our intent to leave it in there and if -- if the Council's comfortable that we can also include that as a condition of approval in the CU mod that will be heard on Thursday. We will get it either way and it will be binding either way, it's just whatever the Council's most comfortable with. Nary: Madam Mayor? de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think for clarity in the future it probably would be better to just eliminate the bridge language and leave the condition there for the pathways, so we aren't relying just on the drawing. It might be safer. de Weerd: Okay. Rountree: Madam Mayor'? de Weerd: Yes, Mr. Rountree. Rountree: Question for Sonya. What's -- and I can't make it out on this -- this rendering. On .the proposed modifications on the south border is that parking and parking garages or -- Wafters: Madam Mayor, Councilman Rountree, Councilmen, those are parking garages and there are also some just regular parking spaces and covered parking spaces. Rountree: Okay. Meridian City Council October 5, 2010 Page 42 of 54 with changes to the different schedules almost every year or every other year, new drugs come around. The basic components that are listed in that model ordinance are found in virtually every form of Spice that's been marketed today. They all come from a basic set of compounds that all mimic the initial effects of THC. When we first started looking here with who was taking it, we didn't have to even leave own department. As you know, we have probation and .parole housed within the police department and they were getting it thrown in their face with their own parolees and probationers coming in and saying, no, I'm clean, your tests aren't going to find this and all of them were admitting right up front that they were smoking Spice as an alternative to doing anything that we had currently as being illegal. Then it became -- I mean as a title wave, it hit the drug courts and they were finding over 30 percent of their kids in the drug courts were testing positive for Spice. Just two months ago when I contacted the state as part of this early committee with the office of drug policy and I said can you test for this. They said, no, we are not set up to test for it. I'm telling you two weeks ago they said we can now, because everybody's had to jump and run and do everything they can to get in place. Traditionally when we get a drug on the street we apply what's called an NIC test kit to it. We don't have that yet. Nobody has it, even the states that have already passed the laws and the 13 other states, they don't have a field test kit for Spice. There is a university that believes they have that done. It's going through all the process -- or the testing phase now before they will be able to get that product back out on the streets for all of the states that have already outlawed it. But we have labs that can test for it. We still have ways that we can enforce it. There is nothing preventing us from doing the enforcement of Spice now, other than having the tools and I'll turn it over now to either one of the attorneys and they can talk about the advantages and disadvantages of where we sit currently with what was just passed by the Board of Pharmacy and any potentials for struggling with that enforcement rule as it sits, unless there is any questions I can answer first. de Weerd: Council, I would say that earlier the chief and I met with the school principals about texting while driving, about this Spice, as the chief told the principals, synthetic drugs -- this is just the tip of the iceberg, so -- any questions, comments for --okay. Bill. Nary: Madam Mayor, Members of the Council, I'm going to let Terry speak directly on the ordinance. Terry is the one that helped craft this ordinance for us and -- but I will say, you know, the debate that you will hear from both the public or other attorneys not in this room, is whether or not this is necessary, whether or not we should either wait for the state or whether or not it's enforceable now and we have the same concern, Terry has the same concern, that although it maybe illegal now -- or classified now by the Board of Pharmacy, it's not in the Idaho Code that this particular substance and mixtures of substances are illegal and that's the concern. You know, I'll echo the same thing that was said by the chief and Lieutenant Overton, I have never seen anybody selling a legal product by waving a sign like this and although the governor's good intention of wanting people to have the opportunity to return the product and get rid of it lawfully, I think the 50 percent signs that I was told about today by four different people says really what people are trying to do to get rid of this stuff. So, I don't think -- I don't think delay is really the right answer to curb this problem or address this. And the last Meridian City Council October 5, 2010 Page 36 of 54 de Weerd: Mr. Zaremba. Zaremba: I'm pleased to see you taking advantage of some new height limitations. I believe we changed sometime ago and going to the four stories. My only question would be are there going to be elevators or does everybody go up and down the stairs for -- Rindlesbacher: We are debating that right now. There is projects we have seen that are four story without elevators. We may do a mix, but we are not sure yet. We are still doing a little research on that. Zaremba: I'm curious I guess. Rindlesbacher: Yeah. Zaremba: As I get older I get adverse to going up and down stairs. de Weerd: Okay. Any other questions from Council? Bird: I have none, Mayor. de Weerd: Thank you. Rindlesbacher: Okay. Thank you. de Weerd: Is there any testimony on this item? Okay. Council, what is your desire here? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we close the public hearing on MDA 10-008. Rountree: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? de Weerd: Mr. Bird Bird: I move we approve MDA 10-008 with staff and applicant comments. Meridian City Council October 5, 2010 Page 37 of 54 Rountree: Second. de Weerd: I have a motion and a second to approve Item 8-E. Is there any discussion from Council? Seeing none, 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 9: Department Reports A. Mayor's Office Department Report: Amended Resolution No. 10-745A: An Amended Resolution of the Mayor and the City Council of Meridian Clarifying the Ex-Officio Members of the Solid Waste Advisory Commission and Appointing Todd Carlson to the Meridian Solid Waste Advisory Commission de Weerd: Under 9-A, Council, I do have an amended resolution number 10-745A. It is clarifying the ex-officio members of the Solid Waste Advisory Commission and also appointing an additional citizen Todd Carlson to that Commission. I stand for any questions. Rountree: Madam Mayor? de Weerd: Yes. Rountree: As I recall the makeup of that -- had a Council member to be an ex-officio; is that correct? Has that been assigned? Bird: That's Charlie Rountree. de Weerd: Uh-huh. That would be you. Rountree: Because I have not heard. Bird: We volunteered you, Charlie. de Weerd: Hey, you have a good deal. We are not going to change it. Rountree: Again I thank you all. I hadn't seen anything on that, so -- Bird: You didn't think you was going to get off, did you? Meridian City Council October 5, 2010 Page 38 of 54 Rountree: Well, no, I didn't figure it, but I just wanted to get an official notice. Bird: We need that experience between you and Bill. de Weerd: Okay. If there is no questions, I would appreciate a motion. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve the amended resolution 10-745A with authorizing the Mayor to sign and the Clerk to attest. Zaremba: Second. de Weerd: So, the motion is to approve resolution number 10-745A. Any discussion? Hearing none, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Police Department Report: Proposed Ordinance Prohibiting Sale and Use of Synthetic Cannabinoids ("Spice") de Weerd: Item 9-B is discussion on a proposed ordinance. And I will turn this over to the chief. Lavey: Madam Mayor, Council, I believe it was two weeks ago that I mentioned in the department report that we would be back in front of you discussing Spice and over the past several weeks you have probably heard a lot more in the media and from the governor's office and even a press release was distributed today. But let me say that with Spice, Genie, Ultra, Bombay Blue, Black Momba, K-2, Yucatan Gold -- none of these items are cooking spice, cartoon characters, reptiles or any type of snow skis or high mountains, but it is actually a product sold as an incense not for human consumption, but, actually, it is an herbal plant mixture soaked in chemicals that mimic active ingredients in marijuana. Why is this alarming to us? Well, officers are dealing with our youth with substance -- this substance in the schools. We have adults that are resisting arrest and being involved in other disturbances and domestic violence's and both our youth and our adults are showing up in our hospitals on a weekly basis. We have eight -- excuse me. We have 80 documented visits to our emergency rooms in over the last six months. These are only the documented incidences where the person has either confessed to or we have additional evidence that prove that they were under consuming Spice. There is many more incidences that have not been documented. Meridian City Council October 5, 2010 Page 39 of 54 We have worked with the governor's office, the office of drug policy, the DEA, the U.S. Attorney's Office and other entities with trying to get Spice outlawed in the state of Idaho. This has met with some resistance as the claim that it's merely an incense. Well, we have documented incidences that people are offering to deliver grams of Spice to schools, to parks, and other places to our kids and other adults. Some places it goes for five dollars a gram. We recently had a commercial burglary here in Meridian where they were trying to steal hundred dollar a gram Spice. I don't know what makes it more valuable, but it's out there. This really kind of goes back to our discussion on texting while driving and why is this a local problem and not a state problem or a federal problem. And, once again, we would like to take a proactive approach before this slaps us in the face. Now, I have brought a couple additional people that can speak about this and give you some history on this better than I can and hopefully they will answer your questions and really that's what this is all about today. But I believe in your packets you have a proposed ordinance for this. I will defer this to our legal department and to Terry Derden, who is the author of this, but we have it set that it would sunset if such a time comes that it becomes a permanent state law. The one thing I will tell you that you have probably heard about is that there is an emergency rule that just got approved with Department of Pharmacy. That's temporary and it's upon the legislators to decide whether they are going to make that a permanent law. Further, the emergency rule needs to be signed by the governor, which it has not. He has indicated that he is going to sign it and he indicates that he is going to sign it in ten days to give our retailers a chance to either properly dispose of the product, return it, try to get their money back and such. And I think that that's a really good idea. Well, like our texting, it's going to involve a lot of education on the part of our business leaders, our schools, our community, our business retailers. One of the other things that has been up for discussion is can the Department of Pharmacy deal with other entities beyond licensed pharmacies and as anybody would guess that you put two attorneys in the room they will argue different points, but -- Nary: It depends on the attorneys. Lavey: It does depend on the attorneys. But it -- it is the opinion of the governor's attorneys that it would allow the Department of Pharmacy rule to make it a schedule one narcotic and it would affect everybody, not just the pharmacies. Recently a Deputy Attorney General said that law enforcement could not enforce this emergency rule and the governor's attorney disagrees with that, although there is a couple different concerns that we have that either Terry Derden or Mr. Nary will talk about, why a local ordinance would probably make more sense for us. So, with that being said, I'm going to turn it over to Lieutenant John Overton first to give you a little bit more history or I suppose I'll open it up for questions right now and, then, I can let him answer those questions and go into his presentation and, then, we will open it up to the attorneys. de Weerd: And I guess, Council, before I ask for questions, I would like to express my thanks to our police department, to the chief, to Lieutenant Overton, to Terry for their responsiveness and their proactive actions and their understanding what this is. It's presented itself in very rapid order and as we were discussing we had a presentation to Meridian City Council October 5, 2010 Page 40 of 54 our Faith Ambassadors Council and I know that Lieutenant Overton has given a number of PowerPoint presentations to educate and to give a heads up to our hospitals, to our safety personnel, to our community, to the schools, to whoever would listen to him and to other communities and those other communities have responded back that had they not gotten that information they would not have understood what was presenting itself to them and would not have known how to respond. I think you can take pride in your law enforcement that they are taking the lead on this and as we sat in the U.S. Attorney's Office on Friday we were apprised on a number of things and one of them was this -- and the very serious growing concern this is. They told the Faith Ambassadors Council we have a conservative Council that doesn't believe in passing laws just to pass laws, that there has to be a serious issue and we believe this is serious. The message to our youth has been this is legal and that's what endangers them even more, because even though it says do not consume on the packaging, it's still legal. And it's been congesting our juvenile justice courts, our adult courts. It is a rapidly -- I don't think we have seen any kind of rapidly growing issue like this is and it's an in-your-face issue. There is not too many potpourri or incense dealers out there who shake a sign saying you can get 50 percent off and because we want your house to smell so good, we will deliver it to you. There is a very major concern there. So, I just appreciate our police department, our prosecutor, our city attorney, for stepping up and working together and seeing how we can address this community concern. Lavey: With that said I will turn it over to Lieutenant Overton. de Weerd: Thank you. Overton: Good evening, Madam Mayor, Members of the Council. Spice kind of presented itself at the beginning of the summer we started to hear about it and we knew nothing about Spice. It was kind of embarrassing that we didn't know anything about it. As part of our Mayor's anti-drug coalition and our drug free communities grant, I travel at least once a year to what's called the biggest anti drug conference in the world and this year it was in Phoenix, Arizona, and one of the things on our agenda for me and our project director Elisha Figueroa was to find out as much as we could about Spice and what we can do when we get back here. What we found out was quite alarming that many states in the southern United States have been dealing with Spice for three years. I don't remember reading anything in Time magazine, Newsweek, anywhere about this until it was on our doorstep. It's really been kind of very quiet as it's come through. At that period of time -- and we are talking July of this year, there were only seven to eight states that had legislation against Spice. I mean they got caught off guard, just like we did, and we are trying after three years to get legislation to figure it out. Where it sits right now as I sit here -- and this is updated from the office of drug policy currently, is we have 13 states and 17 countries and the U.S. military that have outlawed this. It might be new here, but it's been around in Europe and in Germany since 2002. It was designed for -- there is a couple different stories about what it was designed for. It was done on some research for cancer patients originally. It was never designed with any type of human use. They never found one. But somebody found the recipe and the found out that they can make this product, put it on just about any green leafy Meridian City Council October 5, 2010 Page 41 of 54 substance and smoke it and get a high much more potent than marijuana. When we first heard about Spice we thought it was a legal form of marijuana. What we have discovered since then -- and you heard the chief rattle off a whole series of names, you also heard him talk about different prices. Of the list of components that are in the ordinance, there is a couple of those components in there that have the ability by concentration to be 25, 50 and up to a hundred times stronger than the THC in marijuana. The marketers that we have in the valley have been doing everything they can to say this is an incense product and I love the one when they say it's aroma therapy, because I actually spent some time yesterday afternoon in one of our very legitimate spas that does aroma therapy and talked to them at length about what aroma therapy is and the essential oils that are legitimately used and they laughed -- they had never heard of Spice and you wouldn't rub a plant material or use it at anytime for aroma therapy. It doesn't exist. It wouldn't be used in any legitimate form. So, we go back to the incense, which is their claim to fame. It's incense only because it's an unregulated section of our marketing. But, then, it's marked not for human consumption. The part that really -- we struggled with to begin with is you're taking a product, you're saying you can light it and use it as an incense, but you can't consume it. Well, unless you're lighting and you're not in your house, you're going to be consuming it in some manner or not and if you have children in that house, a scenario we threw out very early, you could very well wind up with your children in the emergency room facing an injury to child report, because they have inhaled these almost toxic fumes of these chemicals that are so much more powerful than marijuana. I was on the conference call, as was Terry Derden with the Board of Pharmacy when the ruling was made, because I got myself in a position to sit on the early meetings as that was set up and I listened to them argue on why we should allow Spice to be legal and we heard the aroma therapy argument, we heard the argument that it was only being sold to adults. At no point did they ever come back and really prove to anyone that it was safe and it didn't take very long for the Board of Pharmacy to overwhelmingly approve this as an addition -- all of those chemicals to schedule one. The most striking argument that I can't get past as we look at this is we are not talking about an alternative to alcohol, we are talking about an alternative to a substance that's already illegal and we are not only talking about an alternative to a substance that's already illegal, but a synthetic form that is much more potent and powerful and depending on how they mix these substances together has drastically different and more harmful effects on the people we are dealing with. Joe Silva was telling me just as we were starting that he heard about when one of the officers -- or, excuse me, nine of the officers were out on one subject who had overdosed on Spice, because we are dealing with people that are out of their minds. It's not normal behavior. Certainly not -- if anyone's a fan of watching the old Cheech and Chong movies, that's not a normal response to someone who even smokes marijuana. This is stuff that's way beyond that, much more dangerous, much more unpredictable. This is advertised and I don't think we have a soul here tonight trying to argue that Spice is something that needs to be part of our society. It didn't go over well when they were up against the Board of Pharmacy. think they are going to go way once we get an ordinance in place. If it goes underground, you know, we will deal with it as we have to deal with it. The arguments about if the chemical compositions change, well, we deal with that all the time. We deal Meridian City Council October 5, 2010 Page 42 of 54 with changes to the different schedules almost every year or every other year, new drugs come around. The basic components that are listed in that model ordinance are found in virtually every form of Spice that's been marketed today. They all come from a basic set of compounds that all mimic the initial effects of THC. When we first started looking here with who was taking it, we didn't have to even leave own department. As you know, we have probation and parole housed within the police department and they were getting it thrown in their face with their own parolees and probationers coming in and saying, no, I'm clean, your tests aren't going to find this and all of them were admitting right up front that they were smoking Spice as an alternative to doing anything that we had currently as being illegal. Then it became -- I mean as a title wave, it hit the drug courts and they were finding over 30 percent of their kids in the drug courts were testing positive for Spice. Just two months ago when I contacted the state as part of this early committee with the office of drug policy and I said can you test for this. They said, no, we are not set up to test for it. I'm telling you two weeks ago they said we can now, because everybody's had to jump and run and do everything they can to get in place. Traditionally when we get a drug on the street we apply what's called an NIC test kit to it. We don't have that yet. Nobody has it, even the states that have already passed the laws and the 13 other states, they don't have a field test kit for Spice. There is a university that believes they have that done. It's going through all the process -- or the testing phase now before they will be able to get that product back out on the streets for all of the states that have already outlawed it. But we have labs that can test for it. We still have ways that we can enforce it. There is nothing preventing us from doing the enforcement of Spice now, other than having the tools and I'll turn it over now to either one of the attorneys and they can talk about the advantages and disadvantages of where we sit currently with what was just passed by the Board of Pharmacy and any potentials for struggling with that enforcement rule as it sits, unless there is any questions I can answer first. de Weerd: Council, I would say that earlier the chief and I met with the school principals about texting while driving, about this Spice, as the chief told the principals, synthetic drugs -- this is just the tip of the iceberg, so -- any questions, comments for -- okay. Bill. Nary: Madam Mayor, Members of the Council, I'm going to let Terry speak directly on the ordinance. Terry is the one that helped craft this ordinance for us and -- but I will say, you know, the debate that you will hear from both the public or other attorneys not in this room, is whether or not this is necessary, whether or not we should either wait for the state or whether or not it's enforceable now and we have the same concern, Terry has the same concern, that although it maybe illegal now -- or classified now by the Board of Pharmacy, it's not in the Idaho Code that this particular substance and mixtures of substances are illegal and that's the concern. You know, I'll echo the same thing that was said by the chief and Lieutenant Overton, I have never seen anybody selling a legal product by waving a sign like this and although the governor's good intention of wanting people to have the opportunity to return the product and get rid of it lawfully, I think the 50 percent signs that I was told about today by four different people says really what people are trying to do to get rid of this stuff. So, I don't think -- I don't think delay is really the right answer to curb this problem or address this. And the last Meridian City Council October 5, 2010 Page 43 of 54 thing I'll say is, you know, I have read some of the articles, Lieutenant Overton has read much more information and research on this subject, but I'll tell you -- and one thing have not seen in any product -- or any article about Spice is a person who bought it who uses it as incense and said this really is good and I'd hate to lose it. I haven't read anybody that uses it as incense. So, I don't really think it's being used as incense, think it's being used for something else. But I will let Terry speak to the ordinance directly and the concern from the prosecution staff. de Weerd: Well, in fact, I did ask the chief -- I said what does it smell like. I mean potpourri, incense, usually it's -- you burn it or have it in your house because it's supposed to smell the house up in a good way. Nary: Yeah. I think they sell incense and potpourri at Fred Meyers and Walmart and I don't think they sell Spice either, so -- de Weerd: No. Nary: -- I think they figured out where the ceiling is here, so -- de Weerd: Yeah. And I don't think it's to smoke it. Terry. Derden: Madam Mayor, Members of the Council, two things they addressed. One is I have smelled it not burnt. We have samples of it from my office and when I went to teach in Arizona to a conference of officers about Fourth Amendment, it was on the discussion as well with Spice and Officer Galloway had several different versions of it that he had gone in and bought from smoke shops in uniform and they were happy to sell it to him, because they smiled that it's legal, officer. Have as much as you want. And so it doesn't smell like vanilla or anything you think would make your house smell better, it's smells like a weed or what any other kind of spice you buy off the rack at Walmart or Albertson's would smell like when you open it up. It's simply a sprayed chemical on a substance. The other thing is when you have two lawyers in a room they typically fight, when you have three we get a third opinion, so -- as to the ordinance, I can't take most of the credit for this. Jodi Nafzger, my predecessor out here in Meridian and who still works for the Boise police department, wrote this and spent as much time as Lieutenant Overton has on it. I simply did -- I simply assisted her with it and went through making it applicable for Meridian. When we look at the sections you will see that we made it unlawful for any person to use or possess. I think it's important how we define person in Section C, meaning any individual corporation, partnership, wholesale or retailer, licensed or unlicensed business, including a clerk, manager, owner of business. We didn't want this to apply simply to students in schools. You know, I have SRO Officer Hurst and Officer Rowe come into my office almost every day that I'm in Meridian and tell me about they have got a kid with Spice and what can they do with it. Can we charge the inhalants code, can we charge this, and I tell them be patient, I'm working on it. We are all working on it. Pretty soon it will be illegal and we can cite those kids for it and get them into court and deal with them appropriately, as we would any kid who misuses a substance. So, person is defined in that way and I think that Meridian City Council October 5, 2010 Page 44 of 54 makes it clear to cover those people, so that if for some reason the governor fails to sign that, the retailers at least in Meridian would be required to pull it from the shelves. Next is as you look in the sections, including the chemicals, never more had I wished paid more attention in chemistry and biology classes than I did when we sat through those meetings with the pharmacy board. I can't pronounce most of these, but I can tell you that they are correct and that we left it up to the pharmacy board and the actual doctors and chemists on that board to come up with the correct compound. Some of these are pulled from -- when we originally drafted it we had five compounds. One of the compounds we didn't realize was already a scheduled drug. The compound has been removed. That was HU-211. You will see it's no longer on this new list of A through G. HU-210 is not. HU-210 is now on this list to be covered as well. The chief gave you the list of all the names we hear it go by. All of those names that he listed off would be covered under this list of chemicals. Also important is Section H and I have sent to Mr. Nary a copy of how I think H should be slightly amended to be a little broader to cover synthetic cannabinoids and I think he will make that amendment for you as we get closer to having readings on this. That's all I have to say about the ordinance itself. I think it's fairly well written. Not to toot my own horn. But it makes sense and it's easy for officers to put into practice. You're going to get some questions over the next couple of weeks and I want to head those off at the pass here. One is what the pharmacy board actually did and what that authority was for. My office, Ralph Brown, Jodi Nafzger, and I have talked about this at length, along with Tim Jorgensen, who is a Deputy Attorney General, about what action the pharmacy board and the government -- governor takes and how that actually gets applied. The pharmacy board has to rule to change the control substances list under IDAPA. That authority is derived from state code. That state code allows them to change the controlled substances list, but it limits them to say you can enact a temporary emergency measure to change the state code list of controlled substances and that temporary rule can be effective until -- well, it becomes effective once the governor signs it and it is effective until the end of the next legislative session. That gives the next legislative session the ability to adopt it as a permanent change to the controlled substances list. The governor has to sign that to make it effective. The legislature then has to act to make it permanent. The ordinance as designed has that sunset clause in it, so that if the ordinance is passed by Council, then, it is no longer needed. Mr. Nary can either come before you and ask to have it repealed with the chief or it, essentially, becomes something we no longer use. The other question I think you will get when we have commentary from the public about this is when the governor signs this into law under this temporary rule, trafficking in Spice, selling it, will instantly become a felony, because trafficking in marijuana over a certain amount is a felony and anyone who is caught selling it in an amount over certain ounces is going to be charged with trafficking as a felony. The county will have that option. Now, with an ordinance in place that makes it a misdemeanor to sell it, you get the chance to educate those people. I would say there won't be few, but there will be many -- and at least when they go to court to argue it there will be a lot who say I didn't know Spice was illegal to sell. I'm very sorry. Can I have a free pass here? And just like with texting and driving, we say, no, you don't get a pass, you get an infraction. We will say, no, you don't get a felony, you get a misdemeanor. So, it gives the county that ability -- it gives us that ability to prosecute as misdemeanors. When the -- the state Meridian City Council October 5, 2010 Page 45 of 54 legislature acts and they make it a felony, the county now will have some ability to deal with cases in Meridian at least who say you were charged with trafficking, it was a small amount, we'd like to be able to offer you this plea bargain deal. So, it gives the freedom to your county prosecutors and your city prosecutors as we move forward to learn how to deal with Spice in the future. The last thing I'll talk about is can't we just use the state code. The governor's office is clear that once he signs that rule -- that temporary rule does go into effect and it makes it illegal under 3727(32)(c)(3), which you may not know, but is close to my heart, because that's what we charge every person that has marijuana with. Just like the Fourth Amendment, that's what makes me -- keeps me so busy. But those -- that particular code section would have to, then -- the officer would have to cite that, cite the IDAPA rule, and, then, site the state code for the IDAPA rule that gives that authority. That's a lot for an SRO that's busy to write on a high schooler's citation to provide them the correct notice of what they are being charged of. The argument also, then, exits for that person to come to court and say I had no notice of this, because while IDAPA acted and maybe the pharmacy board published it under the rules effective for publishing a new amendment to a law, they didn't publish it as they would a part of the code and make it an official part of state code until the legislature acts. This makes it much cleaner in terms of your officers being able to charge it and to be able to prosecute it the way that it's written. With that I will take any other questions from you. de Weerd: Thank you, Terry. Council, questions? Rountree: Madam Mayor, just a point of clarification. Assuming the governor signs it and it falls under the state statute or codes that you cited, you indicated that that's prosecuted as a felony based on amount? Derden: Well, trafficking would -- Rountree: Or trafficking. Derden: Trafficking would be. Rountree: Okay. Derden: Simple possession still would be a misdemeanor. Rountree: Okay. With our ordinance in place you're saying that trafficking in Spice could be prosecuted as a misdemeanor? Derden: With the ordinance in place it gives the county prosecutor the ability to pick. Rountree: So, he can choose either one. Derden: He will be able to choose either one. Essentially, what would happen, Councilman, is that misdemeanor citation like it gets written, it comes to my office for Meridian City Council October 5, 2010 Page 46 of 54 screening. We look at it and investigate and go this is really a trafficking case with a seller who was warned or maybe previously had been given a citation, we are going to ask the county to now prosecute this as a felony. Rountree: Okay. Derden: So, it gives us the ability to move that up, rather than start as a felony and their work way down. Rountree: Okay. de Weerd: Any other questions from Council? Hoaglun: Madam Mayor, I have a question and I don't know if it's for Terry or maybe Lieutenant Overton, but part of this is an education process. I mean we as a community we do this, we ban the substance, it's against the law, how do we get that word out there? A, for the kids who may be using it, for the dealers, the sellers of this substance, what -- do we have a plan for that? Derden: Well, if you want I will take that -- or at least the first swing at it, Madam Mayor and Councilman Hoaglun. The -- like the texting with driving and the gentleman that talked about earlier, I wish education alone would work. I'd much rather be a professor than a prosecutor, but the chief and Lieutenant Overton and I have a job to do in terms of enforcement and education. I think they actually go hand in hand. The fact that we will have an ordinance in place starts the public interest in it. It gets the public's attention. It brings to it a level of attention you would not get if it did not exist. The DARE program goes through schools. DARE I bet will start to include talking about Spice. As counselors and SROs and school administration and school boards are learning about what to look for when kids show up to school intoxicated on alcohol, what to look for when kids show up on marijuana, they are going to start to be educating on Spice as well and that will filter down. So, I think the education efforts certainly have to be there. I know from the chiefs perspective and mine that education we would see as important, but having the ordinance in place brings your level of education higher, so that there is more attention called to it. de Weerd: Council Hoaglun, I think our kids have been educating us. Every single one of them I have talked to knows it is not incense, it is not potpourri, it is a legal drug and it's probably more educating the parents of what the heck Spice is and it's not something they want their kid to have. But anyone who is buying it and anyone who is using it they know exactly what it is. No education needed. This is not like a legal can of dust off that they are inhaling, they are buying it specifically to smoke it. Overton: Madam Mayor? de Weerd: Lieutenant Overton. Meridian City Council October 5, 2010 Page 47 of 54 Overton: If I can address -- and the answer to your question, Councilman Hoaglun, that's kind of down in my realm in what we do with anti-drug coalition. When we got the drug free communities grant they charged us with several aspects of how we approach different drug problems in our community. One of the biggest aspects is what they call environmental change. So, if we see something that needs to be changed, we do everything we can to see -- if it's through signage, if it's through city ordinance, if it's through Board of Pharmacy change, we push and push and push in all avenues to get it done. The second part of that is to go back and give the educational piece to the parents, because as the Mayor just spoke very correctly, the kids know, the parents don't. We have been teaching for three years -- or almost four years a class called Not My Kid, in which every time we put this on -- and we put this in front of parents in this city, in this community, they come up to us and go we had no idea this was going on. The kids know. The parents don't. So, when you talk about education, it's very much a focal point of what we do in our anti drug coalition, what we do with our funding through our drug free communities grant in the community. Our major partner -- our number one partner is our school district. We are constantly working with them and we are putting on just this month probably a dozen to two dozen different presentations and classes across the district on different aspects of anti drug this, anti drug that, it just depends on where you're at what message you're getting. That goes out to the teachers, the staff, the students, the parents. It's nonending. There is no end in sight for the education. We can't afford to end it. But we are charged with that and we get creative on how we put those messages out. So, besides the enforcement, we take a huge role in that education in the community role as well. Lavey: Madam Mayor, Council, I have one additional comment on that. Just yesterday we met with the high school principals and that was our intent was to educate them on that and really find out what they are experiencing in the schools and to inform them of what our intent is, not only on the local level, but on the state level. So, that's part of the educational process. One of the other things that we have done in the schools is we have had our SROs and NCOs train the school staff as to what is Spice, what are the problems, what are the concerns and, then, they can actually take that down to the students as well. Also, I have been quite busy that -- I will speak about Spice to anybody that's willing to listen and I just spoke with the Lion's last week and I'm speaking with other groups this week to get that out there. Our other intent would be to get it on our website. I really wish that the media that was here for the texting would have stayed for this, because we need to get the word out. A perfect example is for sometime now -- and I can't quote the actual months or years, the Drug Enforcement Agency has had the -- had Spice on as a drug of concern and they were collecting data and I can tell you that with the major push that we have experienced over the last couple of months, just in Idaho alone, the DEA has finally took notes and said we are going to do an emergency rule of our own. It's time. And so I think enough states are getting together, enough local ordinances are getting together that said if this is not being done on a state level or on a federal level, we are going to take care it on our own. So, the education has started a long time ago and it continues today and that would be our intent is -- it's really not to get anybody in trouble, but it's to educate them Meridian City Council October 5, 2010 Page 48 of 54 to make the right choice and, like the prosecutor says, sometimes that involves prosecution as well. Hoaglun: Well, thank you. I appreciate that answer. You know, they talk about when it comes to war, the politicians make the strategy, but the generals worry about the logistics, and as Council working on policy, it's what we are doing, but you as generals, if the logistics -- if you don't have the tools to do the logistics, we won't be successful. So, I wanted to be sure that what we are doing -- yes, we are doing the right thing, but you guys are able to move forward and to attack this thing and the education component is very critical and letting -- as the Mayor said, the kids are educating us and, unfortunately, I have seen a few parents who mail it in and their kid tells them, hey, you can go down to the store and buy it, it's legal. I can use it. And the parent -- oh, okay, and walks away. Unfortunately, that's what we deal with in our society today, but it sounds like you guys have a good plan that -- to move forward with and I appreciate that. Lavey: Madam Mayor, Councilman Hoaglun, education is the number one value in the mission statement of the police department. Education, prevention and enforcement. So, education comes first. de Weerd: Can't tell you're a little passionate about this. Bird: Madam Mayor. de Weerd: It makes me proud. Mr. Bird. Bird: I think we need to just get this going and get it out on the books as fast as we can. As long as Terry and Bill believe that this ordinance is pretty bullet proof and will do the job, we can't get on it soon enough, in my opinion. We got a lot of young kids that not only need to get educated, they -- the people that are pedaling to it need to get dealt with. So, I would say we bring it on and get it on the agenda as soon as we can. I can't speak for the rest of the Council, but that would be my preference. Nary: Madam Mayor? de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess the question I would have for all of you is the process you will want to go through if you'd like to take some public input, like you did tonight for texting, you have got two more meetings this month, the 12th and the 26th. If you'd like to -- you don't have a very heavy workshop next week. If you'd like to we could certainly put a press release out, like we did for the texting, you could take some public comment, we could have a first reading. There is a couple of minor things to change in the draft that's in front of you in your packet. If it's satisfactory to you after you have heard public comment, you can move it forward to the 26th for approval if you'd like to have -- I just don't want the Council and -- the Mayor and the Meridian City Council October 5, 2010 Page 49 of 54 Council be criticized because she didn't have an opportunity for people to know about it, that you're passing something. I think we have all seen those a-mails of when did you sneak this by and we have had something there for a year and we have had people not pay attention. So, we have an opportunity, at least, that might be beneficial. Again, I'm sure what the opposite side is on this and, obviously, there are businessmen that sell this stuff, but they seem to have gotten word about it, but if you'd like us to do that we could put it off for the 12th for first reading, if you want to do something different, we will do whatever you want. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Mr. Nary, aren't we bringing the texting one back the 12th also? Nary: The texting -- yes, we are. But that's just -- Bird: Why not have a public hearing on this the 12th, get it drafted, and, then, we can bring it back at the next meeting and get it passed and get going. I think it's very, very important to get this thing out and going. I could really -- I'm proud of what the pharmacy board did, but I think they can only go so far. We need to go farther in the city. I -- drugs -- you know, if I could put a ban on alcohol and cigarettes I would, but can't. So, I just think that we need to get -- step forward and worry about City of Meridian and do what we believe is right there, so -- and I think this is definitely a step forward. Nary: Madam Mayor, Members of the Council, Council Member Bird, yeah, absolutely. The only reason I raise it is on your workshops you don't normally like to have a public hearing types of hearings, but you're not required to have public hearings on legislative actions, but certainly certain types of ordinances warrant that. Right now it just shows your economic development update, a clerk's office update discussion about some process changes and, then, I think it's just a finalization of the strategic plan for Public Works that they already presented, so there is no additional presentation. It may be long. I know there is some new things that got added. There is a discussion on policy, a couple of city policies that we wanted to have next week, but nothing real heavy. So, If you have the desire to hear the public's input, that might work and, then, you wouldn't lose track with us not having a meeting on the 19th. Rountree: Madam Mayor, I don't have a real burning desire to necessarily take public input on this at this point in time, having heard what I have heard this evening. de Weerd: It might be entertaining. Rountree: It could very well be very entertaining. Unless there is some indication and it's been indicated as -- tonight that there is no medical value to this, but if, in fact, there might be, because of what's been said about medical marijuana and that sort of thing, Meridian City Council October 5, 2010 Page 50 of 54 the ordinance might make a provision for that if, in fact, it ever were to happen. I would not want to preclude that, but I think we need something in place to get a handle on this. If we can -- if we can meet the first of November deadline by waiting until the 19th when we would normally have -- or, no, I guess it's the 26th, isn't it? So, we wouldn't make that November date by waiting. So, I would say let's get on, unless something comes up with what the governor signs, which he's indicated I heard on the news tonight it's going to be next week sometime. Lavey: October 15th. Rountree: 15th. So, it will be after. But I assume we will have an indication what he's going to sign between now and then and make sure there is consistency there. Let's move forward and get it going and do it -- readings one, two, and three, unless something comes up. de Weerd: I'm sure our police officers would be more than thrilled to hand out fliers to our retailers. Lavey: We will hand out something. Hoaglun: I agree, Madam Mayor, the sooner the better, if we can do it the 12th, and just to provide an opportunity for people to comment. I don't know if anybody will. It might be -- Derden: Well, if I can, Madam Mayor and Councilman Hoaglun. The retailers did hire an attorney to speak for them on their behalf at the pharmacy board meeting. I would assume they would do the same. If you advertise it as a public hearing they likely would show up want to be heard, so just for you to consider that. Bird: At 200 an hour I don't blame them. Lavey: They may hire a different one. Nary: So, Madam Mayor, Members of the Council, if I'm hearing correctly, we will prepare the ordinance for first, second, and third reading for the 12th. We will offer an opportunity for input. If there is input that makes you want to change or amend you still have the opportunity to move it to the 26th for another reading, if you desire, and that way we would -- then, if it is approved on the 12th, it would be published the following Monday and be effective on the 1st. If it's approved on the 26th, it would be published the following Monday, it would be effective that date -- November 3rd, I think. Rountree: That sounds good to me. Bird: That sounds great. Madam Mayor, I'd mention one thing. You will get the publicity out regarding this, so that anybody that does want to have their opinion voice they can do it within the next week. I know we got -- I know we got one good one here, Meridian City Council October 5, 2010 Page 51 of 54 so let's make sure that people don't think we are trying to slide something through on them. de Weerd: And we would be more than happy to work with Frank on getting some information together and getting it out to the other outlets and making sure the few retailers in our city, in particular those that are out there waving signs, to promote their incense, are notified. You might get a bargain basement deal here soon. Lavey: Robert has a -- maybe a release to write in the morning. de Weerd: Yes. If there is nothing further -- any further questions or comments from staff? Lavey: I'm just going to stay up here for the next one. de Weerd: It's not four legged. It's not an animal, so -- Lavey: I wasn't going to mention that. de Weerd: Okay. If there is nothing further, we will go ahead and move to Item 9-C and, Terry, thank you for hanging out with us this evening Derden: Certainly, Madam Mayor and Council. Bird: Thank you. C. Police Department: Budget Amendment for Department of Justice (DOJ) Award Acceptance de Weerd: Thank you, chief. Item 9-C. Lavey: Madam Mayor, Council, I believe this is the last item of the evening. It's always my pleasure to come in front of you and ask for money, but let me express to you what -- what the real purpose is. Several months ago I came in front of you with permission to seek an additional Byrne Grant. About a month ago I came in front of you and told you that we were successful. We have accepted that grant. I need a budget amendment that gives me the spending authority for (believe -- I don't have it in front of me. It's 32,403 dollars. That would be fully one hundred percent reimbursable back to the city. So, really, what you're doing is just giving me the authority to have finance create a paper trail for us so we can purchase it and, then, get reimbursed and have a way to audit the money. So, I am seeking that permission in front of you today. de Weerd: Council, any questions? Rountree: I have none. Madam Mayor? Meridian City Council October 5, 2010 Page 52 of 54 de Weerd: Well, how about congratulations? Rountree: That's -- good job. Bird: Good job. Lavey: I do have one additional comment on the grant, but I will wait until Councilman Rountree is done. Rountree: Madam Mayor, I move that we approve the budget amendment for Item 9-C for the Department of Justice award. Bird: Second. Zaremba: Second. de Weerd: I have a motion and several seconds. Any discussion? Bird: None. de Weerd: 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. Lavey: Madam Mayor, the last thing I had was -- I already forwarded to the Council on our COPS grant. Just a quick update on that. As you recall the saga that we have gone through on that where we originally were not -- we did not receive the grant and, then, told us there was an error and that we were going to receive the grant. We have successfully obtained that grant. The good thing about it is by them making the error waiting a year, we actually were able to submit our new financial figures to them and so the amount of the grant to the city is -- instead of 726,000 dollars, it's 774,000 dollars over the three year period. So, for once with the federal government being slow it's worked in our favor. So, we have a one hundred percent grant that's going to cover four officer positions for three years. So, with that being said I'm done. Bird: Madam Mayor? Rountree: Excellent. de Weerd: Mr. Bird. Bird: Chief, when were you going to get the four going or have you already? Meridian City Council October 5, 2010 Page 53 of 54 Lavey: Well, I can tell you that the four people for the position that we are looking at are going to be veteran officers that we already have in place. We are going to use four -- or, excuse me, we are going to use two detectives and two uniform patrol to put together apro-active enforcement team, a crime suppression team. So, they will -- they are already there. As far as hiring, I can tell you that I have two in the academy that started yesterday. I can tell you I have two that start two -- lateral officers that start on October 5th -- 18th. October 18th. And, then, we have an additional eight openings where we have processed 21 lateral officers and we are currently processing 57 green applicants and they are going to be on our campus within the next couple of weeks interviewing and I hope to have those positions filled by the end of the year. Bird: And this will bring you up to level? Lavey: This will bring us up to a one hundred percent level in patrol -- or, excuse me, in sworn officers. I don't really want to say that too much, because it's only happened one time in the last eight years and it only lasted for about five weeks. So, if we are successful and we get everybody on board and they successfully pass all their training, that will give us 87 sworn officers for the City of Meridian. Bird: Eighty-seven. Lavey: There was 31 when I started. de Weerd: Anything further? Lavey: Well, with that being said, I believe Council has heard enough from the police department and myself this evening and I'm ready to go home. Bird: So are we. Nary: Sounds like he was moving to adjourn. de Weerd: Thank you. I thought that was a motion. Lavey: I don't believe I can do that. Rountree: I will follow that up with a motion. Bird: Second. de Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council October 5, 2010 Page 54 of 54 MEETING ADJOURNED AT 9:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) a_~_.... __.. f to /a~ /ate MAYOR TA de WEERD DATE APPROVED ~., ~~ _ n ~i ~.~` ~ ~~° ATTEST: JA Changes to the Agenda: ~„~ - Item 8.B. Arch Rock Subdivision Time Extension- continue to October 26, 2010. Item 8.A: Spring Creek -Easement Vacation (VAC-10-006) Application: Vacation of easement Summary of Request: The applicant requests approval to vacate an existing recorded 12-foot wide public utility, drainage, and irrigation easement bisecting this site that serves the Presbyterian Church to the west. The applicant proposes to relocate this easement along the south boundary of the site. Outstanding Issue(s) for City Council: The applicant is in the process of finalizing the new easement and maintenance agreement required by Public Works. These documents must be signed & submitted to the City prior to Council acting on this application. Written Testimony: Doug Clegg, Applicant (in agreement w/staff report); Tim Morgan Notes: Item 8.C -Ambercreek No. 2 (TE-10-022) Location: The site is located near the SWC of N. Meridian Road & W. McMillan Road. ~ Applications: Time Extension History: • The annexation (AZ-OS-055) and preliminary plat (PP-OS-057) for Ambercreek Subdivision were approved by the Meridian City Council on February 26, 2006. • The final plat (FP-06-027) for Ambercreek Subdivision No. 2 was approved by the Meridian City Council on July 18, 2006. The final plat for phase 2 consists of 74 residential lots and 5 common lots. • City Council granted a 6-month time extension (TE-10-001) for the plat subject to additional conditions on March 23, 2010. Summary of Request: The request is for a third 18-month time extension to obtain the City Engineer's signature on phase 2 of the final plat for Ambercreek Subdivision. The previous time extension was granted by Council predicated upon the applicant signing the amended development agreement and installing the 5-foot detached sidewalk adjacent to McMillan Road along the entire northern boundary. The applicant has completed the necessary requirements of the previous time extension. Staff Recommendation: Approval (to expire March 23, 2012). Staff is not recommending any new conditions of approval with the subject time extension. Outstanding Issue(s) for City Council: None Written Testimony: None Notes: Item 8.D: Zebulon Heights Subdivision No. 2 (TE-10-023) ~ Application: Preliminary Plat Time Extension Summary of Request: The applicant requests approval of a third 18-month time extension to obtain the City Engineer's signature on the second phase final plat of the Zebulon Heights Subdivision No. 2 preliminary plat. The subject preliminary plat consists of 175 single-family residential building lots and 20 common/other lots on 72.85 acres of land. The Applicant states the construction drawings and final plat for the next phase have been completed and the construction plans have been approved by all governing agencies. The project is under construction and expected to be paved on or before November 15, 2010. The developer intends to record the final plat for Zebulon Heights Subdivision No. 3 in 2010. Background: A development agreement was approved with annexation of this property which required future buildings on the site to comply w/the elevations approved by Council with the CUP/PD. Current UDC Requirements: Because the UDC now requires 10% open space to be provided for developments over 5 acres in size, the applicant has submitted a revised conceptual plat showing 10.91% qualified open space as required. As a condition of the subject time extension, the applicant shall be required to provide a minimum 10.91% open space as proposed. Outstanding Issue(s) for City Council: None Written Testimony: Shari Stiles, Applicant (in agreement w/staff report) Staff Recommendation: Approval with the conditions in Exhibit B of the staff report Notes: i"r Item 8.E: Regency at River Valley (1VIDA-10-008) ~ Application: Development Agreement Modification Summary of Request: The applicant requests approval to modify the site plan, landscape plan, building elevations, and certain provisions contained in the development agreement for the Regency at River Valley apartment project as follows: - Change in the maximum number of apartment units from 204 to 240 - Change in the minimum square footage of the clubhouse from 4,805 to 4,536 & removal of the 755 s.f. cabana - Change from a water feature to a bronze statue at the entryway; inclusion of a hot tub as a site amenity - Update the requirement for covered parking spaces to reflect that shown on the updated site plan & the previously approved variance. - Allow for temporary emergency access to be provided via Eagle Road until such time as Allys Avenue extends from River Valley to the north and connects to Ustick Road. - Remove the requirement fora 6-foot tall chainlink fence to be installed along the South Slough & a pedestrian bridge to be constructed over the South Slough as the South Slough has been tiled. - Staff recommends the design of the site & all future structures comply with the Meridian Design Manual & the building materials for the clubhouse are consistent with those of the apartment buildings. Outstanding Issue(s) for City Council: None Written Testimony: Greg Rindlisbacher (response to staff report) Staff Recommendation: Approval with the modifications to the DA as shown in Exhibit A.6 of the staff report Notes: Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 24,.2010 City Council Budget Hearing MEETING NOTES ~.~v cCl ~7ir ~~. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 14, 2010 City Council Workshop Meeting MEETING NOTES ~P""~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Task Order # 10022a Pursuant to the Master Agreement Approved by City Council April 13, 2010 for Meridian Wastewater Treatment Plant Facilities Plan with CH2M Hill for aNot- To-Exceed Amount of $128,224.00 MEETING NOTES Q CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (v-1 1(~ - 1 ---- •- o v-~ q, ~ a ~ ~-v ILc ~~ W a f~S ~' ~1 ~~i~E IDIAN~-- Public IDAHO Works Department Mayor Tammy de Weerd ~ ca~a~ M~r~:~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: September 20, 2010 SUBJECT: TASK ORDER #10022a FOR MERIDIAN WASTEWATER TREATMENT PLANT FACILITIES PLAN WITH CH2M HILL FOR A NOT TO EXCEED AMOUNT OF $128,224.00 PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL APRIL 13, 2010 (Next Available Consent Agenda) I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with CH2M HILL for Engineering Services for the Meridian Wastewater Treatment Plant Facilities Plan, in an amount not to exceed $128,224.00; and 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The most recent Wastewater Treatment Plant Facility Plan Update (completed in August 2007) recommended the construction of a separate treatment train at the west end of the plant for plant expansion when the flows reached 7 million gallons per day. Since that time Public Works has deviated from the August Page 1 of 3 2007 Facility Plan Update and undertaken extensive optimization efforts at the plant to increase capacity in an effort to postpone the construction of the new treatment trains. These efforts will be captured in the 2010/2011 Facility Plan. Public Works has achieved capacity gains at the Wastewater Treatment Plant, at minimal cost, and plans to continue optimization efforts to get the most out of our existing plant before construction of the separate treatment trains commence. B. Proposed Project During the scoping process for the 2010/2011 Wastewater Treatment Plant Facility Plan, key additional subtasks were identified for incorporation into the plan. This task order will utilize the funds approved for fiscal year 2011 for the Facility Plan to expand on the current 2010/2011 Wastewater Treatment Facility Plan task order No. 10022 with CH2M Hill through the addition of the subtasks. Public Works is proposing to incorporate these sub-tasks into the project to provide a more complete plan. • Trading and wetlands treatment - an evaluation of the feasibility of trading and/or wetlands treatment as a potential long-term strategy to help with compliance to phosphorous limits defined in the upcoming NPDES Permit. • Energy and sustainability considerations -investigate strategies to reduce energy usage and to increase energy production from available resources. • Administration and Laboratory Evaluation -evaluate future needs and options for expanding the administration and laboratory buildings. • Final Preliminary Financial Planning - a refinement of the phased approach for meeting treatment needs over the planning period with a business plan that addresses funding and resource requirements. C. Consultant Selection The consultant, CH2M HILL, was selected through a formal Request for Qualifications. The City received three outstanding submittals from well qualified consultants. The proposal from CH2M HILL was ranked by all reviewers and received the best overall score. IV. IMPACT A. Strateg,~c Impact: This project supports the Public Works Mission and Vision for utilizing closed- looped systems to recycle and/or reuse 80% of the waste stream utilizing water reclamation, co-generation and nutrient recycling while emphasizing financial stewardship and environmental sustainability. Page 2 of 3 B. Service/Delivery Impact: The 2010/2011 Wastewater Treatment Plant Facility Plan will provide a roadmap for plant growth for the foreseeable future. It will not only address issues such as sustainability, phosphorus, nitrogen, and biosolids management alternatives, it will analyze how different initiatives interact with each other and recommend a path forwazd. C. Fiscallmpact: Project Costs Consultant Agreement $128,224.00 Total Cost $128,224.00 ProLct Funding Meridian WWTP Facilities Plan (3500-55090) ,128,224.00 Total Funding $128,224.00 V. ALTERNATIVES A. The City could defer the completion of the 2010/2011 Wastewater Treatment Plant Facility Plan until fiscal yeaz 2012 or later. However, without a clear path forwazd on several outstanding issues at the Wastewater Treatment Plant, it would be more challenging to develop future capital improvement plans and implement projects at the plant. VI. TIME CONSTRAINTS Council's approval will allow this critical project at the Wastewater Treatment Plant to be completed in the first part of fiscal yeaz 2011. VII. LIST OF ATTACHMENTS A. Task Order No. 10022a. Approved for Council Agenda: ~ c r r~ ate Page 3 of 3 p CH2MHILL CH2M HILL 322 East Front Strete Suite 200 Boise, ID 83702 Tel 208.345.5310 Fax 208.345.5315 PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER NO. 10022a Between CITY OF MERIDIAN AND CH2M HILL This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated April 13, 2010. PAGE 1 OF 9 '~`~ Meridian Wastewater Treatment Facility Plan Task Order 10022a Project Understanding The City of Meridian needs to develop a comprehensive wastewater treatment facility plan in order to effectively plan for and deliver treatment services in the future in relation to growth and development and evolving regulatory requirements. This plan is to be prepared in accordance with the Idaho Administrative Procedure Act (IDAPA), IDAPA 58, Title O1, Chapter 16, more commonly referred to as IDAPA 58.01.16-Wastewater Rules. Section 410 of the Wastewater Rules lists the requirements and contents for Facility Plans. Scope of Work This Task Order 1022a includes tasks and subtasks identified, but not authorized in existing Task Order 1022. The Scope of Services for Task Order 1022a includes the following main tasks: • Task 5-Alternatives Development • Task 11-Final Preliminary Financial Plan ~ • Task 12-Project Management A detailed description of the objectives, activities, assumptions and deliverables is provided below for each task. Tasks 1 through 4, 6 through 10, and additional subtasks under Tasks 5 and 12 are included in Task Order 1022. Task 5-Alternatives Development This task presents the evaluation and development of wastewater treatment alternatives and concepts for the City to future regulatory and growth requirements. The work completed in the previous tasks will be used within this alternative development task, providing the design criteria and basis for the treatment strategy. A number of subtasks are included within as listed below and described in the following sections. 5.4 Trading, wetlands, additional WWTP modeling 5.7 Energy/sustainability considerations 5.10 Administration/Laboratory evaluation Subtask 5.4-Trading, Wetlands, Additional WWTP modeling Objective The objective is to evaluate the feasibility of trading and/or wetlands treatment as a potential long- term strategy to help comply with stringent phosphorus limits in the NPDES permit. A second objective is to conduct additional WWTP modeling. Description ~ This subtask entails ahigh-level, feasibility-type, evaluation of the concepts of trading, with or without wetland treatment. This will include potential trading and wetlands treatment within the PAGE 2 OF 9 !'"'~~ Fivemile Creek sub-watershed, as well as within the lazger Lower Boise River watershed. This could occur within the existing Lower Boise trading framework, or via a separate trading or permitting process specific to the City of Meridian. The evaluation will be based on trading/wetlands treatment being a method to avoid having to treat to very low levels of phosphorus discharged to surface waters (Fivemile Creek or Boise River) from City treatment facilities. The analysis will use existing information available from the Lower Boise Watershed Council, such as information on loadings from the overall Fivemile/TenmilelFifteenmile system, and also those within the system based on the detailed USGS study of the sub-watershed in 2009. The Consultant will use its experience in other trading programs to evaluate the feasibility and rough costs of certain types of trades or offsets.. Wetlands treatment is just one potential type of offset. Other nonpoint sources can be considered, including agricultural sources and removal of septic systems. The results of this evaluation will assist in determining if trading should remain on the table in relation to the long-term implementation plan that would be developed in Task 7.2 (see Task Order 1022). This subtask also includes additional effort to complete Pro2D and CPES modeling of liquid stream WWTP alternatives. Assumptions This evaluation will not include assessment of specific sites or trading partners, but will focus on the broader-scale aspects of the feasibility of trading. ~ Deliverables Consultant will prepare draft and final technical memorandum summarizing the results of the trading/wetlands evaluation (electronic .pdf format). Results of additional WWTP modeling will be .included in the Task 5.1 technical memorandum (see Task Order 1022). subtask 5.7--Energy/Sustainability Considerations Objective Develop alternatives for energy/sustainability considerations. Description • Investigate opportunities to reduce energy usage and to increase energy production from available resources. • Identify and describe methods to improve sustainability at the plant. • Identify projects to reduce greenhouse gas emissions, reduce energy and chemical consumption, expand biogas utilization beyond digester heating by investigating cogeneration, and reduce odors and possibly make the plant a valuable educational tool for the public. • Description of the sustainability benefits resulting from improved on dissolved oxygen control for the aeration basins (with accompanying flow/speed control of the new high speed blowers), right sizing of new equipment, and modifications for potential denitrification, optimizing biogas production by improving primary clarifier performance, and the potential for adding fats oil and grease receiving facilities, and associated planning-level capital cost ,W,~ opinion for implementation of each of these technologies. • Investigate renewable power options including wind and photovoltaic. PAGE 3 OF 9 ~"'`~ • Recommend energy and sustainability strategies to include in the implementation plan. Assumptions • Being mindful of wastewater facility plan budget constraints, this effort will be limited to a preliminary, conceptual review of opportunities and will not include a comprehensive effort to reduce energy demand to remove the treatment plant from the energy grid nor to identify a comprehensive list of opportunities for sustainability. Deliverables • Energy/Sustainability Considerations draft and final technical memorandum (electronic .pdf format). Subtask 5.10-Administration Building and Laboratory Evaluation Objective Evaluate whether additional laboratory space is necessary for present and future staff and the laboratory methods that are pending future NPDES and process modifications. Description • Conduct a programming effort to determine the size and characteristics of the laboratory. • Evaluate options for the addition of a new or expanded Laboratory Building to accommodate the laboratory needs of the treatment facilities. ,-~ • Conduct a preliminary survey of space needs for the wastewater division laboratory staff through interviews with key staffmembers and from current facilities planning. • Evaluate options for the addition of a new or expanded Administration Building to accommodate anticipated future administrative needs through year 2030. • Develop a preliminary programming and space planning summary using similar planning efforts completed at other similar facilities. • Include a brief summary of the programming data collected, a summary of recommended space needs, listing of required equipment and support facilities necessary for identified functions, and up to three preliminary layout options. • Identify costs associated with the options and an evaluation of the feasibility of the options. Assumptions • City staff will answer key questions to space needs, required staff functions, and specific equipment needs by staff. Deliverables • Administrative and Laboratory Evaluation draft and final technical memorandum (electronic .pdf format). Task 11-Final Preliminary Financial Plan Objective ,•.r Refine the phased approach for meeting treatment needs over the planning period (through 2030). Develop a business plan to address funding and resource requirements. PAGE 4 OF 9 -.r ~^.. Description • Conduct aone-day business planning workshop with up to four Consultant team members to integrate the updated wastewater treatment plant improvement program with other activities in the Wastewater Division including collection system, biosolids composting, and other activities/fimctions (e.g., site management and reclaimed water use). • Considerations include ideas for reducing cost, increasing the value of services provided, and improving business management practices. Incorporate optimization and resource development ideas developed in other portions of the work effort. The workshop will be organized as follows: o Update statement of Wastewater Business Plan goals and objectives o Integration of Wastewater Division functions, capital and O&M programs o Brainstorm new approaches and ideas to Wastewater Division operations o Assign priorities to ideas generated o Separate ideas into short-term (5-year) and long-tern (20-year) measures o For highest rated ideas, assign responsibilities for developing an action plan for implementation • Develop an updated wastewater department business plan including o Update the preliminary financial plan (Task 8, see Task Order 1022) to reflect revised assumptions. o Review of funding and finance options including grants, loans, judicial validation, revenue bonds and existing revenue. ~ o Develop a final financial plan that identifies projected O&M and capital costs, potential funding sowces for capital projects, estimated rate impacts and key financial planning criteria (e.g. debt service coverage, adequacy of reserves). o Review of affordability criteria in relation to the final financial plan. o Summary of ideas and action items to reduce cost and improve business management. • Prepaze an updated draft Implementation and Business Plan chapter for inclusion in the facilities plan. Submit to City for review; incorporate review comments and prepaze final chapter. Assumptions • Judicial validation will be prepared sepazately by the City's bond counsel. • A detailed wastewater rate or impact fee analysis is not included in this scope of work. Deliverables • Draft and final Wastewater Division Business Plan (electronic .pdf format). Task 12-Project Management Objective The objective of this task is to successfully manage this project, perform all tasks to the City's ^, satisfaction, within the established budget and schedule. Description PAGE 5 OF 9 -~-.. The following activities aze included for project management: • Budget Status Monitoring: Monitor the project work remaining to complete the overall Project, the budget expended, and the estimated cost of the work remaining, and the estimated cost at completion. Inform the City of budget status through the monthly invoices and the monthly progress meetings. Manage activities within overall total Project budget. • Schedule Status Monitoring: Monitor progress of work tasks and compare progress to overall Project Schedule. Estimate the time to complete remaining work tasks and update the Project Schedule. Inform the City of schedule status through the monthly progress meetings. Manage activities within overall Project Schedule. • Subcontractor Management: Engage the Subcontractor in the Project execution, review scopes of work and budget, issue purchase orders to the Subcontractor, review and approve Subcontractor invoices, and monitor the progress of the Subcontractor's deliverables. • Staff Management -Hold regulaz meetings with key members of the CONSULTANT and Subcontractor team to review the status of the work and coordinate work activities. Coordinate between tasks and team members. Document meeting decisions and action items, assign activities to team members, and follow up to ensure timely resolution. • Change Management -Monitor Project activities for potential changes, anticipate changes whenever possible, and with City approval, modify Project tasks, task budgets, and approach to keep the overall Project within budget and on schedule. • Invoicing -Prepare and submit a monthly invoice and narrative report. • Execute Quality ControUQuality Assurance Plan: Manage the quality control review of all work activities and project deliverables. Identify senior technical consultants for the various technical disciplines and oversee the adherence to the plan during the execution of all Task Orders. Ensure all draft and final deliverables aze reviewed according to the final QA/QC Plan prior to submittal to the City for review. Assumptions • Budget status monitoring is a monthly activity for the duration of the project, 4.5 months. • Schedule status monitoring is a monthly activity for the duration of the project, 4.5 months. • HDR is the Subcontractor on the Project. • Project coordination meetings for key internal staff and Subcontractor's key staff are conducted weekly for 3 months • Assume 5 monthly invoices and narrative reports are prepazed • Execution of the Quality ControUQuality Assurance Plan will be completed under the appropriate tasks. Deliverables ~'`~ • Budget status monitoring results incorporated into the monthly invoice narrative and the monthly progress meeting with Management. PAGE B OF 9 • Schedule status monitoring results incorporated into the monthly invoice narrative and the ~- montlily progress report. • Change management issues identified in Monthly Progress Report • Monthly invoices and narratives. PAGE 7 OF 9 CITY OF MERIDIAN CH2M HI ,--~~ , TAMMY de W D, MAYOR Mark o~ Dated: O ,„, , Dated: ' \\\~,~~~ pF MElgj~~~.,~~'', Attest: RAT ti ~'- F ~ O EE L. LMAN, CITY CLERK . $EAL $~ ., Approved to Con nt ~''~~90 ~~T ~S~ ' ~~ i ~, ~- ~O ~. KEI RCHASING AGENT Dated:_ ! O (~ TITLE: ~N~T ~~~ ~ ~r. ~~r_ vu ~~ IL Dated: PAGE 9 OF 9 Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Agreement for Independent Contractor Services with Stevens & Sons Well Drilling, Inc. for Well 10B Test Well Construction for aNot-To-Exceed Amount of $122,390.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS X01 b ~ o j~ -- ~ ~ ~~ ~~'~a~,-,Q,~ ~~ eo, tv ~©r s~ev~ 9~ ~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE Assistant City Engineer DATE: 9/27/2010 Mayor Tammy de Weerd City Ce~ncil Memberf~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH STEVENS & SONS WELL DRILLING, INC FOR WELL lOB TEST WELL CONSTRUCTION FOR ANOT-TO-EXCEED AMOUNT OF $122,390.00. (OCTOBER 5, 2010 CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: Approve the Agreement with Stevens & Sons Well Drilling, Inc for Well lOb Test Well Construction for anot-to-exceed amount of $122,390.00; 2. Authorize the Mayor to sign the agreement. IL DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 III. DESCRIPTION A. Back rg ound In September of 2008, Well 10 was taken off line due to the presence of Uranium above Maximum Contaminant Levels allowed by the Environmental Protection Agency. If this agreement is approved, Public Works will drill a test well at the existing well lot to assess the feasibility of obtaining better quality water at a different well depth. If so, much of the existing well infrastructure can be used to develop a new well at that location. B. Proposed Project This project is the drilling of a test well at the existing Well 10 lot. Page 1 of 2 IV. IMPACT V A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. Anew well at this location will be developed to serve Pressure Zone 3. This well is needed in order to avoid pumping capacity shortfalls. B. Service/Delivery Impact: Development of a high quality source of water supply at this location will serve to improve water quality to customers and ensure capacity for fire flows. C. FiscalImpacts: Available Budget Amount $122,390.00 Proposed Construction Cost $122,390.00 LIST OF ATTACHM""""' A. Agreement for Approved for Council Agenda: 2- O Page 2 of 2 2010-09-27 13:25 » 20834407b9 P 3/14 ~ AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES Well 10B Test Well Construction Project 1OD11.a THIS AGREEMENT FOR PRQFESSiONAL SERVICES is made this day of _Sentember , 2010, and entered Into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Stevens 8~ Sons Drilling ,hereinafter referred to as "CONTRACTOR", whose business address is 3709 Hawthorne Dr. Boise, ID 83703 and whose Public Works Contractor License # is C-125_,2f~. INTRODUCTNON Whereas, the City has a need for services involving WELL 10B TEST ]~/ LL CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, ,~ terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, ali services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties, 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to dv so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to Well i OB Test Wefl Construction page 1 of 12 ~,,,` Project 10011.a .010-09-27 13:25 » 2083440769 P 4/14 ~. any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. t .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Gontractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2,1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Nat-To-Exceed amount of $122,390.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, Ivdging, transportation, drawings, renderings or mockups. Specifically, WeU 10B Test Well Construction page 2 of 12 ~ Project 10011.a 2010-04-27 13:2b » 20834407b9 P 5/14 ~"~, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any #ype ar kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon {a) completion of the agreed upon work, {b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is fisted in Attachment A. 3.2 Should Contractor default in the perforrnance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3,3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty {30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars {$300,00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Well 10B Test W ell Construction page 3 of 12 Project 10011.a 2010-09-27 13:2b ~. 4. Termination: » 20$34407b9 P b/14 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill In a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsrfies any record ar document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreemen# is in the best interest of GITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by GONTRACTOR under this Agreement shall, at the option of the CITY, became its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the GITY for damages sustained by the GITY by virtue of any .~.. breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of GITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the perfomnance of this agreement shall be made by the CITY. Well 10B Test Well Construction page 4 of 12 ~ Project 10011.a 2010-04-27 13:26 » 2083440769 P 7/14 r., 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and nat as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shat! not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. fi. lndemniflcatlon and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shat[ be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars {$1,000,000) per incident or occurrence and Workers' Compensation {nsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harrnless CITY; and if GITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resuking in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, ar other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the Wsll 108 Test Well Construction page 5 of i2 ~,,,` PfojBCt 10011.a 2010-09-27 13:27 » 2083440764 P 8/14 .-~. C1TY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOa shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-Insured retention, or named insureds must be declared in writing and approved 6y the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance ar self-insurance maintained by the City or the City`s elected officers, officials, emplayees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6,4 The Contractor's insurance shall apply separately to each insured against wham claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be Subject to alf of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall nvt limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Well 10B Test Well Construction page 6 of 12 ~ Project 10011.a 2010-04-27 13:27 !"~. City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 5~vens & Sons Drillin Attn: Ron Stevens 3709 Hawthorne r. Boise. Id 83703 208-344-0726 Email: » 20$3440769 P 9/14 Idaho Public Works License #: C-12526 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, terrninatian or forfeiture .--~ of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, reliigion, sex, national origin or ancestry, age or disability. Wel! 10B Test Well Construction page 7 of 12 Project 10011.a 2010-09-27 13:27 13. Reports and Information: » 20834407b9 P 10/14 1$.i At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. ~. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreemen#. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other ma#erials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17, Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid ar unenforceable, such holding will not affect the validity or Well 106 Test Well Construction page 8 of 12 ~,,,,~ Project 10011.a 2010-04-27 13:28 » 2083440769 P 11/14 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably Capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreemen# contains the entire agreement of the parties and supersedes any and all other agreements or understandings, ora( of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. :.r-t.. 23. ApplicabMe-Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CIT1(OF MERIDIAN ./'"~~-- BY: ~.lGi~91_~ rte TAMMY c~ WEERD, MAYOR i _„~ Dated: 10 " S ~ I ~ StEVENS &N WEL LLING, INC ; BY: Dated: `~ ~~ ~// ° " Approved by City Council: ~ l7' S " l l~ well 108 Test Well Construction Project 100'11.a page 9 of 12 2010-09-27 13:28 » 2083440769 P 12/14 Attest: JAYCEE. HOLMAN, CITY ~Q~ rF o ;BK ` = B~AL "__ ~~ $~, .% "9~ Usr ,s~ ~, ro ~~` A roved as to Content '~~'%~ C OP `'` pp ~~ ,, OilNT`~ ~~b'i~partment Approve) BY: BY: KEIT , PU ASING AGENT p. In NAME: ~~ ~~ ~e~ Dated: ! '~ ~~/ ~./ TITLE: ,9rr~' C~,-y ~ ~z Approved as to Form Deted: ~ Z7/i~ CITY ATTORNEY Well 10B Test Well Construction page 10 of 12 Proj®ct 10011.a 2010-09-27 13:28 Attachment A SCQPE OF WORK » 2083440769 P 13/14 REFER TO INVITATION TO BID PW-10-10011.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-10-10011.a, signed and dated 9-22- 2010 by Ron Stevens, are by this reference made a part hereof. Well 106 Test Well Construction page 11 of 12 Project i0011.a 2010-09-27 13:28 » 20834407b9 P 14/14 r, Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $Y 22,390.00. Item Description Estima#ed Unit Unit Price Total Amount Duanti 1 Stomt Water Mana ement 1 lum sum $2,000.00 $ 2,000.00 2 Mobilization and demobilization 1 lum sum $5,000.00 $ 5,000.00 3 Drill borehole for 12-inch 38 linear foot surface casin $ 100.00 $ 3,800.00 4 Furnish and install 12-inch 40 linear foot surface casin $ 48.00 $ 1,920.00 5 Furnish and install surface sea) 38 linear foot $ 40.00 $ 1,520.00 6 Drill borehole below i 2-inch 960 linear foot $ 65 00 0 0 surface casin . $62,40 . 0 7 Geophysical logging 1 lump sum $3,500.00 $ 3,500.00 $ Furnish and install 2-inch 2800 linear foot $ 4.50 $12 600.00 Schedule 80 PVC casin , 9 Furnish and install 2-inch 200 linear foot Schedule 80 PVC slotted well $ 6.00 $ 1,200.00 screen 10 Furnish and install sand filter 350 linear foot $ 20.00 $ 7 000.00 ack , i 1 Furnish and install well seals 650 linear foot $ 20.00 $13 000.00 12 Wefl develo ment 40 hours $ 200.00 $ 8,000.00 13 Ri time 2 hours $ 225.00 450.00 Total Contract Amount $122 390.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy, Well 1 OB Test Well Construction page 12 of 12 ~ Project 10011.a Meridian City Council Meeting DATE: October 5, 2010 ~ ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Fire Prevention Month Proclamation MEETING NOTES J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ E IDIAN~-- ''~``` ~oAHo ~~®C~~ICIl7l~~~®Ill F~~e ~~e~e~~~®~ Weep WHEREAS, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, Meridian's first responders are dedicated to reduce the occurrence of home fires and home fire injuries through prevention education; and WHEREAS, Meridian's resident's are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, the 2010 Fire Prevention Week theme: "SM®KE ALARMS: A SOUND Y®U CAN LIVE WITH" Effectively serves to remind us all of the simple actions we can take to stay safe from fire. THEREF®RE, I Tammy de Weerd, Mayor of the City of Meridian do hereby proclaim October 3ra-9th, 2010 as Fare ]Prevention Week throughout this city. I urge all people of Meridian to heed the important safety message of Preventing Home Fires in support of public safety. Dated this 5`h day of October, 2010 r~~'y~-, fig-,~.~~~.'v/ Tammy de eerd, Mayor David emba, Council President Charlie Rountree, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Resolution No. ~ ~ ~ ~ ~(~ :Naming Centennial Park Shelter'Terry Parker Smith Shelter" MEETING NOTES ~"" CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i~'to ~~~ ~ ~,~ CITY OF MERIDIAN RESOLUTION NO. ' ~ ~ l,~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE NAMING OF THE SHELTER AT CENTENNIAL PARK, 223 EAST IDAHO AVENUE "TERRY PARKER SMITH SHELTER"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Terry Parker Smith (b. January 11, 1938; d. August 21, 2010) was a fixture of the Meridian community, known for his warm smile, comforting personality, and willingness to serve; WHEREAS, as a leader in our community, Mr. Smith was dedicated to supporting and empowering youth, inspiring others to serve, and building Meridian through the Chamber of Commerce, Meridian Kiwanis, and several other city and community organizations; WHEREAS, Mr. Smith's commitment to Meridian resulted in community institutions including Paint the Town, Generations Plaza and the Centennial Celebration; WHEREAS, Mr. Smith was committed to cherishing Meridian's history as a weekly volunteer at the Meridian History Center where his willingness to discuss "all things Meridian" made him a favorite of the center's visitors; and WHEREAS, the Meridian Parks and Recreation Commission and the Mayor and City Council of the City of Meridian wish to establish a lasting tribute to Mr. Smith's spirit, service, and generosity; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That, pursuant to the City of Meridian Parks Property Naming Policy, adopted by City Council via Resolution no. 07-552, the shelter in Centennial Park, at 223 East Idaho Avenue, in Meridian Idaho, shall be, and hereby is, named the "Terry Parker Smith Shelter." Section 2. That this resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 5th day of October, 2010. APPROVED by the Mayor of tl~a~OiVy,pf Meridian, Idaho, this 5th day of October, 2010. '. ~it7G,f ~ ~G~~.E~ test: Tammy deg erd, Mayor _ SE M aycee olman, City Clerk ~ ~ p RESOLUTION NAMING CENTENNIAL PARK! ~ \ ,~~ ,~~ >T Y ~i~R SMri'H SHELTER PAGE 1 OF 1 ~~~~ii~~iri~i n~'n~~~~`~ Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Second & Third Readi f Ordinance No. 10-1457: Texting While Driving l~.cL (~ 2, 3 '~ ru ~v ~h~ MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ,~~ ~ ~ ~_ ~.._ IJe ~ C~ wilt Ct~w~ -~'rt~"') ~~'al - ver ~ e, c.~S CITY OF MERIDIAN ORDINANCE NO. ~~- i'~5~- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING TITLE 7, CHAPTER 1, SECTION 9 OF THE MERIDIAN CITY CODE, REGARDING IMPOUNDING OF VEHICLES; AND REPLACING WITH A NEW TITLE 7, CHAPTER 1, SECTION 9, REGARDING TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the passage of Idaho Code section 49-1819, effective July 1, 2010, the Idaho legislature expressly preempted municipal code provisions regarding towing of vehicles; and WHEREAS, in recent years there has been a proliferation of drivers who choose to use cellular telephones or other wireless electronic devices to write, send, and/or read text-based communications, while driving motor vehicles; and WHEREAS, distractions caused by such devices, including the act of texting while driving significantly impair drivers' reaction time, increase crash risk, and has in fact resulted in traffic accidents, injuries, and deaths within the City of Meridian, particularly among less experienced drivers; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to prohibit drivers within the City limits from engaging in text messaging while driving in order to improve roadway safety for all vehicle operators, passengers, bicyclists, pedestrians, and other road users; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 7, Chapter 1, Section 9 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: 7-1-9: TEXTING WHILE DRIVING PROHIBITED: Texting while operating a motor vehicle while such vehicle is in motion shall be prohibited. A first and/or second violation of this section shall be an infraction, punishable by a fine of seventy-five dollars ($75). A third and/or subsequent violation of this section shall be a misdemeanor, punishable by a fine of up to three hundred dollars ($300), or by imprisonment in the county jail for up to ninety (90) days, or both such fine and imprisonment. "Texting," as it is used in this section, shall be defined as engaging in the review, preparation, and/or transmission of a typed or pictorial message via a wireless, handheld device. This definition shall not include: the use of avoice-operated or hands-free device to review, prepare, and/or transmit a message without the use of either hand except to activate, deactivate, or initiate a feature or function of such voice-operated or hands-free device; the use of any device to dial a TEXTING WHILE DRIVING ORDINANCE PAGE 1 OF 2 telephone number, initiate a telephone call, and/or verbally communicate; or the use of a mobile data terminal by law enforcement, fire, or emergency medical personnel while acting in the course and scope of their duties. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective on November 1, 2010. PASSED by the City Council of the City of Meridian, Idaho, this day of .2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2010. APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk TEXTING WHILE DRIVING ORDINANCE PAGE 2 OF 2 age 1 of 3 Jacy Jones ~,~ From: Melinda Croswell [melcros@cableone.net] Sent: Saturday, October 02, 2010 11:01 PM To: clerk Cc: mayortammy Subject: Texting While Driving I would like to express an opinion about the texting while driving ban the Meridian City Council is considering. I am AGAINST the ban. Texting while driving is very well covered under the current Inattentive Driving law (49-1401(3)) which reads: Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator's conduct is slight. Every person convicted of inattentive driving under this section shall be guilty of a misdemeanor and may be sentenced to jail for not more than ninety (90) days or inay be fined not more than three hundred dollars ($300), or may be punished by both fine and imprisonment. This code quite clearly covers texting and driving if it causes the person to drive inattentively. If texting while driving causes an operator to be inattentive then there is already a law to cover it. Or does the fact that a citation is written. under a Meridian City code instead of an Idaho State code mean the city of Meridian gets more revenue from the ticket? Also, is the science accurate? Some studies find. that outlawing texting while driving does nothing to reduce the number of crashes. In fact, some studies find that the crashes increase after the laws are passed because people try to hide that they are texting and then become distracted. 10/4/2010 Page 2 of 3 http://abcnews.~o.com/Technolog /texting-driving-bans make roads safer stud /~story~ id=11744804 If a police officer responds to a crash his interview of the subjects involved in the crash should be able to determine if texting while driving contributed to the crash. If that happened. then writing the cite under 49-140].(3) (Inattentive DI-iving) should be quite effective in curbing the further texting while driving behavior. If an officer sees a vehicle that is not being driven correctly and pulls it over he should also be able to determine through talking with. the driver (coupled with his training and. experience) if the driver is texting. He should be able to articulate, in court, the reason for the stop, his observations, and the driver's admissions in court. With all due respect to Chief Lavey, I think he is selling his officers short. I am confident in their abilities to conduct an investigation in the field and determine if texting was a factor in the behavior they saw. Additionally, there are unanswered questions: Will this law be a "primary violation" where an officer can pull someone over if they see the person texting? Or will it be like the seatbelt law where they need another reason to pull the person over. And what if the officer pulls me over and I was dialing my phone and not texting? Wili he take my word for it because I truly do not text and drive, but I do sometimes dial and drive. Will. texting itself be prima facie evidence of a violation or will the texting need to be believed to have caused some other errant behavior? If some other behavior is needed then why not just use the code that fits that behavior (ie, failing to maintain lane, following too closely, inattentive driving)? Do we really need yet another traffic law on the books? Again, I have faith in the officers of the Meridian Police Department to know the state codes, and city ordinances, for driving and to enforce the ones that are already on the books as they relate to texting. I am a Meridian resident and am writing this to express my OPPOSITION to a new law banning texting while driving when there is already a law on the books that covers this behavior if it causes a problem. Incidentally, my husband agrees with. me and we are both registered voters. I am happy to discuss this matter with anyone who wishes to contact me. Sincerely, 10/4/2010 age 3 of 3 Melinda Croswell 914-0922 Zip Code 83646 10/4/2010 age 1 of 1 Jacy Jones From: Wendy Murray [crazycroppermom@hotmail.com] Sent: Sunday, October 03, 2010 5:51 PM To: clerk Subject: City Texting Ban ~~AN~~D As a citizen of Meridian, I am IN FAVOR of the proposed ban on texting within the City of Meridian. I have seen too many close calls involving people who are texting while operating vehicles. In addition, I would also suggest the City look at requiring headsets for verbal cell phone communication while driving. Sincerely, Wendy Murray 5412 N Beaham Ave. Meridian, ID 83646 208-884-1501 10/4/2010 acv Jones From: Michael Schneider [mSchneider@adaweb.net] Sent: Monday, October 04, 2010 11:42 AM To: clerk Subject: Study: Crashes Rise Following Texting Bans: Top News Stories at Officer.com This isn't written testimony, but rather just some information to consider. Thanks, Mike. http://www.officer.com/online/article.jsp?siteSection=l&id=54712 Mike Schneider 1443 N. Haven Cove Ave. Meridian, ID 83642 208)887-4828 Study: Crashes Rise Following Texting Bans (Officer.com) Page 1 of 2 Study: Crashes Rise Following Texting Bans Posted: September 29th, 2010 10:09 AM EDT BY JEFF GELLES The Philadelphia Inquirer Could state bans on texting be boosting accident rates? That was the disturbing suggestion of a study presented Tuesday at ahighway-safety conference, and it closely followed separate research estimating that drivers' texting caused 16,000 fatalities from 2001 through 2007. The surprising finding came from the insurer-sponsored Highway Loss Data Institute, whose researchers examined crash data from four states -- Washington, Louisiana, Minnesota, and California -- in the months before and after they enacted texting bans. Rather than reduce collision losses, bans on texting appeared to trigger a small uptick in crashes in three of the four states, said Russ Rader, a spokesman for the industry group and its parent group, the Insurance Institute for Highway Safety. The researchers said the study raised a question: If the laws simply didn't help, why was there a rise in crashes? Adrian Lund, president of the institutes, said the problem may be that drivers are suffering a dual distraction -- first by the texting itself, and second by attempts to avoid being noticed. "Clearly drivers did respond to the bans somehow," Lund said in a statement. "What they might have been doing was moving their phones down and out of sight when they texted, in recognition that what they were doing was illegal." Rader said the data showed a particular rise in crashes among young drivers -- the same 18- to 24-year -olds who surveys show "are most likely to text while driving" whatever state laws decree. New Jersey and about 30 other states have banned texting while driving, and proposals are pending in Pennsylvania. The industry's methodology drew a sharp response from Secretary of Transportation Ray LaHood, who wrote in a blog entry that the study "created a cause and effect that simply doesn't exist" and ignored the role of effective enforcement. LaHood said the portion of fatalities linked to distraction rose from 10 percent in 2005 to 16 percent in 2008 before stabilizing last year. That leveling off coincided with our national anti-distracted driving campaign, other public education efforts, and an increasing number of state anti-distracted driving laws," he said. A study published last week in the American Journal of Public Health put stark numbers on the risks of texting, which it said had apparently contributed to "an alarming rise in distracted driving fatalities." The study by University of North Texas researchers estimated that texting caused 16,000 U.S. fatalities from 2001 to 2007 in crashes that "increasingly involved male drivers driving alone in collisions with roadside obstructions in urban areas." McClatchy-Tribune News Service http://www.officer.com/publication/printer.jsp?id=54712 10/4/2010 Study: Crashes Rise Following Texting Bans (Officer.com) Page 2 of 2 Printable version may be for personal use only. Content may not be duplicated, re-used or otherwise replicated without expressed, written consent from Officer. com and/or the original author/source. Visit Officer.com daily for the latest industry news, commentary, features and more. http://www.officer.com/publication/printer.jsp?id=54712 10/4/2010 Page 1 of 1 Jacy Jones SCANNED From: Karen Anderson [karenand04@gmail.com] Sent: Monday, October 04, 2010 3:27 PM To: clerk Subject: Texting Ban Hello! A friend of mine stated I could call and voice my opinion on the texting ban after seeing my post of the link from ktvb's website about how Meridian could be the second ID town to pass the ban. I hope this passes. I was in traffic yesterday and watched as a woman was texting on her phone while the light was green holding up at least 7 cars behind her. When she did realize the light changed, she almost ran a red light. Please, please, please do what you can to get this texting ban passed. Our church family lost a dear young lady (Megan Bartley) due to an inattentive driver. We don't need any more lives taken because someone (young or old) decides a text message is more important than paying attention behind the wheel. Thank you for taking the time to read my email! Karen Anderson Meridian Resident 10/4/2010 age 1 of 2 ~^~~:N Jacy Jones From: Tammy de Weerd Sent: Monday, October 04, 2010 5:27 PM To: Kenneally, Lynn Subject: RE: Texting While Driving Ordinance Dear Ms. Kenneally, Thank you for your comments. They will be included as part of the public record on this topic. City Council will consider this ordinance on Tuesday evening if you should have an interest to be involved in the process. Best wishes, TammyOde Weerd Mayor, City of Meridian ~~E zpzar~ :- tdeweerd@meridiancity. org www.meridiancity.org (208) 489-0529 (208)884-8119 LinkedIn -Click Here Facebook -Click Here From: Kenneally, Lynn [mailto:Lynn.Kenneally@wgint.com] Sent: Monday, October 04, 2010 1:52 PM To: mayortammy Subject: Texting While Driving Ordinance Dear Mayor Tammy de Weerd: I was very pleased to hear that the City of Meridian is considering passing an ordinance tomorrow against texting while driving. Not only am I currently writing a paper on this issue for my English class at BSU, but I have also been a near victim of a teenage texter. While driving in Meridian one afternoon, a car drifted into my lane. I honked to get his attention, then looked in at the driver and saw that he was driving with his knees, texting with both hands, and just occasionally glancing up at the road. I was infuriated. I proceeded to yell at him and even though he couldn't hear what I was saying, he immediately dropped his phone, put both hands on the steering wheel, and started paying attention to the road. I can only hope this caused him to think twice about doing it again, but I fear that illusion is just my way of maintaining my sanity. Asa 10 year resident of Meridian and a daily commuter to downtown Boise, I would feel much safer knowing that my city is taking a vested interest in my life and in the lives of its citizens. I can only hope that our State Legislatures will follow suit in the near future and enact similar laws to protect us statewide. Why should we continue to allow people to text while driving when this has resulted in multiple accidents and deaths? According to University of Utah psychologist, David Strayer, "texting while driving results in impairment levels double that of drunk driving". We have strict laws in place against drunk driving, 10/5/2010 age 2 of 2 including suspending offenders licenses, so why is there such a debate against passing laws to protect people against a negligence that has double the risk. Let's not be more worried about people's rights than their lives. I hope that you and the City Council will pass this ordinance tomorrow. Thank you for your consideration! Sincerely, Lynn Kenneally, PHR Office Services Coordinator URS Phone: (208) 386-5789 Fax: (208) 386-5040 Lynn. Kenneally@wgint.com 10/5/2010 age 1 of 1 Jacy Jones ~~,~`~ .-.._ ~.~..M___~_.,._~______.....~~.~.... .~_.___..~_._.._____..~__.~_._.~._.._~~.....,.__~._.~._._~ ~-D _.~._..__._... _~ From: Peggy Gardner Sent: Monday, October 04, 2010 4:43 PM To: 'sckgl@aol.com' Cc: clerk Subject: RE: Texting While Driving Ban Dear Mr. Cagle, Thank you for taking and concerns over the your comments to the Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 time to send an email voicing your support proposed texting ordinance. We will add official record of the meeting. From: meridian_apps@meridiancity.org [mailto:meridian_apps@meridiancity.org] Sent: Monday, October 04, 2010 2:02 PM To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Brad Hoaglun; Peggy Gardner Subject: Texting While Driving Ban Request for Mayor and Council Name Scott Cagle Last Cagle Name Email sckgl@aol.com Address Street 2659 N Santee P1 Address . City Meridian State ID Code 83646 Texting Subject While Driving Ban Message Mrs Mayor and Councilmen, I wholeheartedly support a texting while driving ban in Meridian. As a retired California Police Officer with 30 years on the job once cell phones became available I could see the changes in driving behavior. On several occasions I stopped a suspected intoxicated driver who was weaving over lane lines to discover that they were merely talking on a cell phone. Texting requires taking your eyes off the road and definately divides your attention. I also believe a total cell phone usage ban for juveniles while driving is appropriate. Juveniles are still learning how to drive and they are vastly overrepresented in all injury and fatal car accident statistics. 10/5/2010 age 1 of 1 Jacy Jones spa From: Peggy Gardner Sent: Tuesday, October 05, 2010 11:20 AM To: Tammy de Weerd; Brad Hoaglun; Charlie Rountree; David Zaremba; Keith Bird Cc: clerk; Robert Simison Subject: Texting Donna Anders Donna Anders called to let you know she is in full support of the ban on texting while driving Phone 887-5394 (Jacy can you make sure this gets added to the record?) Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 10/5/2010 age 1 of 1 Jacy Jones ___~..~._.__~x.w._... . _ ~. ~_._ .__~..._. From: Peggy Gardner Sent: Tuesday, October 05, 2010 1:21 PM To: 'warrendavid95@yahoo.com' Cc: Tammy de Weerd; clerk Subject: RE: Texting Ban Dear Mr. Warren: Thank you for taking time to send an email in support of banning texting while driving. Your opinion is important to us. We will make sure this information is added to the record of public comments. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: meridian_apps@meridiancity.org [mailto:meridian_apps@meridiancity.org] Sent: Tuesday, October 05, 2010 12:46 PM To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Brad Hoaglun; Peggy Gardner Subject: Texting Ban Request for Mayor and Council Name David Warren Last Name Warren Email warrendavid95@yahoo.com Address Street 3719 S. Brigham Ave. Address City Meridian State ID Zip Code 83642 Subject Banting Message I just want to say I am 100% in favor of the ban on texting while driving. Please pass this ordinance as soon as possible to make our streets safer. Thank you 10/5/2010 age 1 of 1 Jacy Jones __._ From: Peggy Gardner Sent: Tuesday, October 05, 2010 1:23 PM To: 'Karendallman@hotmail.com' ~` •{ ~..:~ Cc: Tammy de Weerd; clerk; Robert Simison Subject: RE: Text Banning Dear Ms. Dallman: Thank you for taking time to send an email in support of banning texting while driving. Your opinion is important to us. We will make sure this information is added to the record of public comments . Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: meridian_apps@meridiancity.org [mailto:meridian_apps@meridiancity.org] Sent: Tuesday, October 05, 2010 12:22 PM To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Brad Hoaglun; Peggy Gardner Subject: Text Banning Request for Mayor and Council Name Karen Dallman Last Dallman Name Email Karendallman@hotmail.com Address Street 3025 W Forecast St Address City Meridian State ID Zip Code 83642 Subject Text Banning Message I hope you make it a law not to text and drive hopefully one day no phone while driving. I have almost been hit so many times from people not paying attention to their driving because they are texting. So I hope you do the right thing for all the people of Meridian and vote it through since the state can't or won't do it. Thanks 10/5/2010 Vim. ?~y 'v~'~ ~ i `v LLJ Peggy Gardner recorded a phone call with a concerned citizen, John Longhurst, in regards to the texting ban ordinance. A summary of his comments are typed below. We will save a copy of the conversation if needed in the future. Comments: There are already laws in place that address things like texting while driving such as the inattentive driving laws. You can receive a ticket for doing any activity that takes the attention away from driving. A law to ban texting while driving seems excessive, what's next; a law to outlaw eating while driving, doing nails or hair while driving, or engaging in a conversation. A law to ban texting just says that as a society we are not disciplined. He is unsure that it will solve any problems. The inattentive driving law needs to be enforced without developing new ones. He feels that we already have enough laws. People are ticketed for things they do not even know are laws restricting. He feels that he is losing his freedoms. He would like a response to some of his concerns and is open- minded to having a discussion. RECEIVED OCT 0 5 2010 CITY OF ~Gf Dom,,,, CITY CLERKS OFFICE age 1 of 1 Jaycee Holman From: Jon F Diggs [jonbo_d@yahoo.com] Sent: Tuesday, October 05, 2010 5:03 PM To: clerk Subject: Meridian City Council Meeting Input I applaud and support your efforts to outlaw texting while driving. My only disappointment is that it does not go far enough. I would encourage you to look at the possibility of including all forms of electronic distraction -Cell phones, laptops, electronic tablets (like Kindle), in-dash LCD monitors to watch movies while you drive, ad infinitum. This may sound a bit silly, but it has or will happen. I would call it 'Elecronic Distracted Driving' (EDD). I would also make the fines attention-getting and progressive. No call, message, or whatever is so important as to endanger other drivers or yourself. I consider this behavior as INSANITY. Color me old fashion, but I believe the number one job of city and state givernment is public safety. The biggest threat I face in my life, on a daily basis, is distracted drivers. They are the terrorists that worry me most. Thank you for your concern and action. Keep up the good work. Jon F Diggs Meridian, ID 10/5/2010 DRAFT adding definition of "Wireless, handheld de ' " ~~cEI ~~~ CITY OF MERIDIAN ORDINANCE NO. `' OCT ~ 5 2010 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREIV>~AY OFGG(s~, CITY CLERKS OFFICE AN ORDINANCE REPEALING TITLE 7, CHAPTER 1, SECTION 9 OF THE MERIDIAN CITY CODE, REGARDING IMPOUNDING OF VEHICLES; AND REPLACING WITH A NEW TITLE 7, CHAPTER 1, SECTION 9, REGARDING TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the passage of Idaho Code section 49-1819, effective July 1, 2010, the Idaho legislature expressly preempted municipal code provisions regarding towing of vehicles; and WHEREAS, in recent years there has been a proliferation of drivers who choose to use cellular telephones or other wireless electronic devices to write, send, and/or read text-based communications, while driving motor vehicles; and WHEREAS, distractions caused by such devices, including the act of texting while driving significantly impair drivers' reaction time, increase crash risk, and has in fact resulted in traffic accidents, injuries, and deaths within the City of Meridian, particularly among less experienced drivers; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to prohibit drivers within the City limits from engaging in text messaging while driving in order to improve roadway safety for all vehicle operators, passengers, bicyclists, pedestrians, and other road users; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO:. Section 1. That Title 7, Chapter 1, Section 9 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: 7-1-9: TEXTING WHILE DRIVING PROHIBITED: Texting while operating a motor vehicle while such vehicle is in motion shall be prohibited. A first and/or second violation of this section shall be an infraction, punishable by a fine of seventy-five dollars ($75). A third and/or subsequent violation of this section shall be a misdemeanor, punishable by a fine of up to three hundred dollars ($300), or by imprisonment in the county jail for up to ninety (90) days, or both such fine and imprisonment. "Texting," as it is used in this section, shall be defined as engaging in the review, preparation, and/or transmission of a typed or pictorial message via a wireless, handheld device. This definition shall not include: the use of avoice-operated or hands-free device to review, prepare, and/or transmit a message without the use of either hand except to activate, deactivate, or initiate a feature or function of such voice-operated or hands-free device; the use of any device to dial a TEXTING WHILE DRIVING ORDINANCE PAGE 1 OF 2 CITY OF MERIDIAN CITY COUNCIL PUBLIC COMMENT SIGN-UP SHEET DATE October 5, 2010 ITEM # 6C Page 1 ITEM NAME Texting While Driving PLEASE PRINT NAME FOR AGAINST NEUTRAL ~ ~ / 'one L'n dt / ~, ff ~~~G~ S a.~ VU D ~ ~ ~ (/~ ~~J n~ ~ ~ ~~,! 'C~ i~ Ly /1 ~' (~°~ i ~ ~ ~ ~~ ECEIVE OCT 0 5 2010 CITY OFC4~f Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $A PROJECT NUMBER: VAC 10-006 ITEM TITLE: Spring Creek Continued Public Hearing from September 28, 2010: VAC 10-006 for Spring Creek by Douglas Clegg Located at 3165 N. Meridian Road Request: Vacate an Existing Irrigation Easement on the Site MEETING NOTES a CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS in~ ~ ~ n r ~ ._-- rze~o on -~,r ~ a ~ a~ Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $B PROJECT NUMBER: TE 10-021 ITEM TITLE: Arch Rock Subdivision Public Hearing - 18-Month Time Extension to obtain the City Engineer's signature on the Final Plat by CTD Development, LLC MEETING NOTES ~rn~~~' +"~0~a`'~i~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $C PROJECT NUMBER: TE 10-022 ITEM TITLE: Ambercreek No. 2 Public Hearing - 18-Month Time Extension to obtain the City Engineer's signature on the Final Plat by Trilogy Development - SWC of N. Meridian Road & W. McMillan Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $D PROJECT NUMBER: TE 10-023 ITEM TITLE: Zebulon Heights Subdivision No. 2 Public Hearing - Final Plat by The Eagle Road 18-Month Time Extension to obtain the City Engineer's signature on the Traditions by Amyx II, LLP -south side of E. McMillan Road, west of N. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ic~~~ ~O-b - r~rd.ex- o~ -fir r~/acs c~ Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $E PROJECT NUMBER: MDA 10-008 ITEM TITLE: Regency at River Valley Public Hearing -Modify the site plan, landscape plan, building elevations and certain provisions contained in the development agreement approved for the Regency at River Valley apartment project by Bach Investments, LLC - 2500 N. Eagle Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Office Department Report: Amended Resolution No. 10-745A: An Amended Resolution of the Mayor and the City Council of Meridian Clarifying the Ex-Officio Members of the Solid Waste Advisory Commission and Appointing Todd Carlson to the Meridian Solid Waste Advisory Commission MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ..~- CITY OF MERIDIAN AMENDED RESOLUTION NO. ,Q- ~~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR MEMBERS FOR THE MERIDIAN SOLID WASTE ADVISORY COMMISSION TO INCLUDE TODD CARLSON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1450, on June 22, 2010, approved the establishment of a Solid Waste Advisory Commission; and WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1452, on August 17, 2010, thereby created the Meridian Solid Waste Advisory Commission; WHEREAS, the City Council of the City of Meridian desires to amend its Resolution no. 10-745 approved on September 28, 2010 clarifying that the appointed Sanitary Services Company member and the Meridian City Council member to the Solid Waste Advisory Commission serve as ex-officio members without voting rights and do not therefore require a seat designation; WHEREAS, the City Council of the City of Meridian desires to amend its Resolution no. 10-745 approved on September 28, 2010 to allow for the appointment of Todd Carlson to the Meridian Solid Waste Advisory Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3(C), the following members of the Meridian Solid Waste Advisory Commission, be appointed to the following seats and initial terms of service to be effective October 1, 2010 with subsequent three-year terms upon reappointment: Seat 1, one-year term: citizen member to be appointed at a later date Seat 2, two-year term: Robert Corrie, citizen of Meridian, to expire September 30, 2012; AMENDED RESOLUTION FOR APPOINTMENT OF SOLID WASTE ADVISORY COMMISSION MEMBERS -Page 1 of 2 Seat 3, two-year term: Todd Carlson, citizen of Meridian to expire September 30, 2012; Seat 4, three-year term: Steven Cory, citizen of Meridian, to expire September 30, 2013; Seat 5, three-year term: Nancy Mann, citizen of Meridian, to expire September 30, 2013; Seat 6, three-year term; City of Meridian Utilities Billing Manager or designee; Seat 7, three-year term; City of Meridian Director of Public Work Department or designee; Seat 8, three-year term; City of Meridian City Attorney or designee; Seat 9, one-year term; youth member to be appointed at a later date. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, thisS~day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this J day of ©~Z ©~~•.~/~ , 2010. APPROVED: ~r %L,~~ Mayor T,dmmy de Weerd ATTEST: ``\.\`~~~.``~ ~ ~,~~I,~'~'~:. ;. c~ r~ ,~ By' Jaycee Holman, City Clerk = $~i~L 94 ~T 1$'S • P~. AMENDED RESOLUTION FOR APPOINTMENT OF SOLID W?C~'f~14~~O~Y ` MISSION MEMBERS - Page I Of 2 //I//!IIl1111\~~~ Dear Mayor De Weerd, My name is Todd Carlson. I am writing the letter of interest in the position offered on the Solid Waste Advisory Commission. I have no public office experience, but am a citizen of Meridian, father of two boys and a husband for 16 years. I am the Scoutmaster for Meridian Troop 62 and spend endless hours working with the youth of Meridian. I have been successfiil in business and relationships for my entire professional career. I am also a US Army Veteran and am proud of my Country and Community. I would like to be considered for this commission. Please see the enclosed resume. Yours Respectfully, Todd Carlson 896 S. Pine Bar PI Phone 208-860.8928 QAeridian Idaho 83842 Email todd.carlson~hotrnaiLoom Todd A Carlson Prolia~aional Jan 2008 to Present Dealers Auto Auction of Idaho Nampa Idaho ^ Manage Sales /Operations /Detail /All Customer Relations ^ Manage 43 Employees Jan 2005 to Jan 2008 Carlson Performance Group Meridian • Auction Consulting Company Nationwide p~aip~ Sales and Marketing Executives International merlni~ersldpea ~ Scoutmaster Boy Scouts of America Troop 62 8~ Pack 51 Cub Scouts activltleis To attain a volunteer position with the City of Meridian in hopes of helping the community Volunteering at the Boise Rescue Mission with the Boy Scouts actlvitles In~errlsslts and Climbing, Hiking, Camping. Real Estate Investing sal~ivltles VoN,~I _ Behr Scouts of America 8 gears and counting Secarity iclooArslnoe Top Secret White House 1988-1989 During time spent in the Army Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: JB PROJECT NUMBER: ITEM TITLE: Police Department Report: Proposed Ordinance Prohibiting Sale and Use of Synthetic Cannabinoids ("Spice") MEETING NOTES -~ ~G C.¢~-~ mom. /0~'w ~ ~<' ,,..l,E,/. Gamma r~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DR~1 FT 10-5- l0 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION, TO TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO THE POSSESSION AND SALE OF PRODUCTS CONTAINING SYNTHETIC CANNABINOIDS, KNOWN OR SOLD UNDER PRODUCT NAMES SUCH AS "SPICE" AND "K2"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code, Title 50, Chapter 3, the City of Meridian has the authority to enact ordinances not inconsistent with the laws of the state of Idaho to preserve public health, maintain the peace, and promote the general welfare of the City; and WHEREAS, certain businesses within the City are selling a mixture of herbal and spice plant products which are laced with synthetic cannabinoids; and WHEREAS, the products are sold under names, including but not limited to, "Spice," "K2," "Black Mamba," and "Blue Pearl"; and WHEREAS, the products are labeled as incense and "not.. for human consumption" but are marketed, sold, and used as a smoking product; and WHEREAS, the product is often referred to as "synthetic marijuana" because the ingredients are designed to mimic the active ingredient THC found in marijuana; and WHEREAS, this synthetic, marijuana is becoming increasingly popular with those vulnerable to drug abuse,.. such as minors, probationers, and parolees; and WHEREAS, such products are known to cause hallucinations, blurred vision, elevated blood pressure, rapid heart rate, nausea and vomiting, seizures, and loss of consciousness; and WHEREAS, the Drug Enforcement Administration has labeled the product a "drug and chemical of concern"; and WHEREAS, approximately 13 states have banned the sale and possession of these synthetic cannibinoids to date; and WHEREAS, the Idaho Board of Pharmacy is in the process of adopting an emergency rule to prohibit the sale of the product in businesses which are licensed by the Board of Pharmacy; and WHEREAS, the product is widely available in retail stores not regulated by the Board of Pharmacy, including tobacco shops, bars, pool halls, and convenience stores, some of which are accessible to minors; and SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 1 OF 4 DR~I FT )0-5-10 WHEREAS, the chemicals commonly found in these products are not yet categorized as illegal controlled substances under state or federal law and, therefore are not prohibited for sale, possession, or use within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 6, Chapter 3, Section 11, Meridian City Code, shall be, and hereby is, enacted to read as follows: Section 6-3-11: UNLAWFUL SALE AND POSSESSION OF ILLEGAL SMOKING PRODUCTS: A. It shall be unlawful for any person to use, possess, purchase, or attempt to purchase any illegal smoking product. B. It shall be unlawful for any person to sell, offer to sell, give away, deliver or publicly display for sale any illegal smoking product. C. For purposes of this section, the following terms shall be defined as follows: I. PERSON: an individual, corporation, partnership, wholesaler, retailer, and any licensed or unlicensed business, including a clerk, manager, or owner of a business; 2. ILLEGAL SMOKING PRODUCT: Any substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, which, when smoked or ingested, mimics the effects of a controlled substance, regardless of whether the substance is marketed for the purpose of being smoked or ingested, which includes any one or more of the following chemicals: a. CP 47,497 and homologues: 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2- yl)phenol) b. HU-210: [(6aR,l0aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol)], also known as 6aR-trans-3-(l,l- Dimethylheptyl)-6a,7,10, l Oa-tetrahydro- l -hydroxy-6,6-dimethyl-6H- dibenzo [b, d] pyran-9 -methanol c. JWH-018: 1-pentyl-3-(1-naphthoyl)indole, also known as Naphthalen-l-yl-(1- penttlindol-3-y1)methanone d. JWH-073: 1-butyl-3-(1-naphthoyl)indole, also known as Naphthalen-l-yl-(1- butylindol-3-yl)methanone e. JWH-200:1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 2 OF 4 DR~1 FT JO-S-JO f. JWH-081: 1-pentyl-3-(4-methoxy-l-naphthoyl)indole, also known as 4- methoxynaphthalen-l-yl- (1-pentylindol-3-yl)methanone g. JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 2-(2- methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone h. other synthetic cannibinoids or substances with the equivalent chemical structure of the substances defined above. D. Any person in violation of this ordinance shall be guilty of a misdemeanor. E. If the Idaho Legislature adopts a statute enacting criminal penalties for the possession, sale or delivery of any illegal smoking product as defined by this ordinance, then upon the effective date of such state statute, this ordinance shall no longer be deemed effective. However, a violation of this ordinance occurring prior to the effective date of such state statute maybe prosecuted after the effective date of the state statute. F. If any provision of this ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That,this Ordinance shall be in full force and effect immediately upon its passage. 2010. 2010. PASSED by the City Council of the City of Meridian, Idaho, this day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this day of October, APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 3 OF 4 DR~1 FT 10-5-10 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- PROVIDING FOR A NEW PROVISION OF THE MERIDIAN CITY CODE PROHIBITING THE USE, POSSESSION, PURCHASE, SALE, OFFER, GIVEAWAY, DELIVERY OR PUBLIC DISPLAY OF PRODUCTS CONTAINING SYNTHETIC CANNABINOIDS An ordinance of the City of Meridian adding a new section, Section 6-3-11, to Meridian City Code, relating to the possession and sale of products containing. synthetic cannabinoids, known or sold under product names such as "Spice" and "K2." The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council BY: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO.10- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2010. William. L.M. Nary City Attorney SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 4 OF 4 Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Police Department Report: Budget Amendment for Department of Justice (DOJ) Award Acceptance MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ ~ _ ~ /~ ~, --~ ~ r~q ~ YZ A~ -~ i~dd ~- ~1 y d C '~``, V C O w C 0 a a 'Q i .y 1~ y ''U 'Q 'd Q: (1 N >, m m ~ _~ U c ~ ~ ~ ~ ii ~ a i A. ~a ~ r-~ .a ~ ~ ~ ~ E ~ ~ ~" ~ F-~ € ~ ~ .~ ~ ~ o ~ o ~ ,w ~ O W ~ ~ ~_ " m~ ~ Q Z W W ~~~ Z ~'~ W H ~ ~ ~ o Q ~ ~ W 0 m Z v c d w d W c L M N w 0 rn c '~ c w C .d N Q 0 a~ c 3 >°+ ... c~ a~ v~ a~ a~i ~ N ~ ~ a> aL~i $ ~ 7 N ~ ria C 0 rn O C O N 3 a~ N 0 m 0 N_ C c`a C~ N .N Q U ~° .~ 0 ca rn c 'v c ~" C N N 7 Q N C O :_~ 'c E .~ o° rn c .~ .~ m r c ~ ~ N ~ EU ~~ N ~ ~~ d ~ O O C c~ ~ ~ ~ ~ o c°o 0 ~ '> 'c .. 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N C H V w O .. `: ~ Q O ~ V a °z ~ V ~ ~ M M ~, ,~ O ~ ~ '~! ~V M N L ~ ' t"7 +7 m a E ~a > .3 ~ rn p w .~ ~ Q ~ C ~ Z v y~ f~ r n ~ ~ ~ .. ~ C ~ J ~ ~ ~ a ~ c , ~ D o J A z a ~! 0 ~ V N ~ „ M m { ~~ C ~ O ~t rm s~ ~~ ~~ ~ `~ m£ m ~ ~~ ~m c ~ m c c ,~ G ~ 'as m O Em m ~ rn we m V age 1 of 2 *;,t~~lt~t: Jacy Jones From: Tammy de Weerd Sent: Monday, October 04, 2010 5:27 PM To: Kenneally, Lynn Subject: RE: Texting While Driving Ordinance Dear Ms. Kenneally, Thank you for your comments. They will be included as part of the public record on this topic. City Council will consider this ordinance on Tuesday evening if you should have an interest to be involved in the process. Best wishes, Tammy de Weerd Mayor, City of Meridian tdeweerd@meridiancity.org www.meridiancity.nrg (208) 489-0529 (208)884-8119 LinkedIn -Click Here Facebook -Click Here From: Kenneally, Lynn [mailto:Lynn.Kenneally@wgint.com] Sent: Monday, October 04, 2010 1:52 PM To: mayortammy Subject: Texting While Driving Ordinance Dear Mayor Tammy de Weerd: I was very pleased to hear that the City of Meridian is considering passing an ordinance tomorrow against texting while driving. Not only am I currently writing a paper on this issue for my English class at BSU, but I have also been a near victim of a teenage texter. While driving in Meridian one afternoon, a car drifted into my lane. I honked to get his attention, then looked in at the driver and saw that he was driving with his knees, texting with both hands, and just occasionally glancing up at the road. I was infuriated. I proceeded to yell at him and even though he couldn't hear what I was saying, he immediately dropped his phone, put both hands on the steering wheel, and started paying attention to the road. I can only hope this caused him to think twice about doing it again, but I fear that illusion is just my way of maintaining my sanity. Asa 10 year resident of Meridian and a daily commuter to downtown Boise, I would feel much safer knowing that my city is taking a vested interest in my life and in the lives of its citizens. I can only hope that our State Legislatures will follow suit in the near future and enact similar laws to protect us statewide. Why should we continue to allow people to text while driving when this has resulted in multiple accidents and deaths? According to University of Utah psychologist, David Strayer, "texting while driving results in impairment levels double that of drunk driving". We have strict laws in place against drunk driving, 10/5/2010 age 2 of 2 including suspending offenders licenses, so why is there such a debate against passing laws to protect people against a negligence that has double the risk. Let's not be more worried about people's rights than their lives. I hope that you and the City Council will pass this ordinance tomorrow. Thank you for your consideration! Sincerely, Lynn Kenneally, PHR Office Services Coordinator URS Phone: (208) 386-5789 Fax: (208) 386-5040 Lynn.Kenneally@wgint.com 10/5/2010 age 1 of 1 Jacy Jones ~ ,~ _..__._~_~__. ___.. _._m... _»___.._.. __.___~....... ~..____rv ~~D From: Peggy Gardner Sent: Monday, October 04, 2010 4:43 PM To: 'sckgl@aol.com' Cc: clerk Subject: RE: Texting While Driving Ban Dear Mr. Cagle, Thank you for taking and concerns over the your comments to the Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 time to send an email voicing your support proposed texting ordinance. We will add official record of the meeting. From: meridian_apps@meridiancity.org [mailto:meridian_apps@meridiancity.org] Sent: Monday, October 04, 2010 2:02 PM To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Brad Hoaglun; Peggy Gardner Subject: Texting While Driving Ban Request for Mayor and Council Name Scott Cagle Last Cagle Name Email sckgl@aol.com Address Street 2659 N. Santee Pl Address City Meridian State ID Code 83646 Texting Subject While Driving Ban Message Mrs Mayor and Councilmen, I wholeheartedly support a texting while driving ban in Meridian. As a retired California Police Officer with 30 years on the job once cell phones became available I could see the changes in driving behavior. On several occasions I stopped a suspected intoxicated driver who was weaving over lane lines to discover that they were merely talking on a cell phone. Texting requires taking your eyes off the road and definately divides your attention. I also believe a total cell phone usage ban for juveniles while driving is appropriate. Juveniles are still learning how to drive and they are vastly overrepresented in all injury and fatal car accident statistics. 10/5/2010 age 1 of 1 Jacy Jones ~AP~JN',~[} From: Peggy Gardner Sent: Tuesday, October 05, 2010 11:20 AM To: Tammy de Weerd; Brad Hoaglun; Charlie Rountree; David Zaremba; Keith Bird Cc: clerk; Robert Simison Subject: Texting Donna Anders Donna Anders called to let you know she is in full support of the ban on texting while driving. Phone 887-5394 (Jacy can you make sure this gets added to the record?) Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 10/5/2010 age 1 of 1 Jacy Jones From: Peggy Gardner Sent: Tuesday, October 05, 2010 1:21 PM To: 'warrendavid95@yahoo.com' Cc: Tammy de Weerd; clerk Subject: RE: Texting Ban Dear Mr. Warren: Thank you for taking time to send an email in support of banning texting while driving. Your opinion is important to us. We will make sure this information is added to the record of public comments. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: meridian_apps@meridiancity.org [mailto:meridian_apps@meridiancity.org] Sent: Tuesday, October 05, 2010 12:46 PM To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Brad Hoaglun; Peggy Gardner Subject: Texting Ban Request for Mayor and Council Name David Warren Last Name Warren Email warrendavid95@yahoo.com Address Street 3719 S. Brigham Ave. Address City Meridian State ID Zip Code 83642 Subject Ba ting Message I just want to say I am 100% in favor of the ban on texting while driving. Please pass this ordinance as soon as possible to make our streets safer. Thank you 10/5/2010 age 1 of 1 Jacy Jones From: Peggy Gardner Sent: Tuesday, October 05, 2010 1:23 PM To: 'Karendallman@hotmail.com' ~s ~~-~ Cc: Tammy de Weerd; clerk; Robert Simison Subject: RE: Text Banning Dear Ms. Dallman: Thank you for taking time to send an email in support of banning texting while driving. Your opinion is important to us. We will make sure this information is added to the record of public comments . Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: meridian_apps@meridiancity.org [mailto:meridian_apps@meridiancity.org] Sent: Tuesday, October 05, 2010 12:22 PM To: Tammy de Weerd; Charlie Rountree; David Zaremba; Keith Bird; Brad Hoaglun; Peggy Gardner Subject: Text Banning Request for Mayor and Council Name Karen Dallman Last Dallman Name Email Karendallman@hotmail.com Address Street 3025 W Forecast St Address City Meridian State ID Zip Code 83642 Subject Text Banning Message I hope you make it a law not to text and drive hopefully one day no phone while driving. I have almost been hit so many times from people not paying attention to their driving because they are texting. So I hope you do the right thing for all the people of Meridian and vote it through since the state can't or won't do it. Thanks 10/5/2010 ~v..i~~i'.L~ Peggy Gardner recorded a phone call with a concerned citizen, John Longhurst, in regards to the texting ban ordinance. A summary of his comments are typed below. We will save a copy of the conversation if needed in the future. Comments: There are already laws in place that address things like texting while driving such as the inattentive driving laws. You can receive a ticket for doing any activity that takes the attention away from driving. A law to ban texting while driving seems excessive, what's next; a law to outlaw eating while driving, doing nails or hair while driving, or engaging in a conversation. A law to ban texting just says that as a society we are not disciplined. He is unsure that it will solve any problems. The inattentive driving law needs to be enforced without developing new ones. He feels that we already have enough laws. People are ticketed for things they do not even know are laws restricting. He feels that he is losing his freedoms. He would like a response to some of his concerns and is open- minded to having a discussion. jZECEIVED OCT 0 5 2010 CITY OFCGf~ID„?~~-~ CITY CLERKS OFFICE age 1 of 1 Jaycee Holman From: Jon F Diggs (jonbo_d@yahoo.com] Sent: Tuesday, October 05, 2010 5:03 PM To: clerk Subject: Meridian City Council Meeting Input I applaud and support your efforts to outlaw texting while driving. My only disappointment is that it does not go far enough. I would encourage you to look at the possibility of including all forms of electronic distraction -Cell phones, laptops, electronic tablets (like Kindle), in-dash LCD monitors to watch movies while you drive, ad infinitum. This may sound a bit silly, but it has or will happen. I would call it'Elecronic Distracted Driving' (EDD). I would also make the fines attention-getting and progressive. No call, message, or whatever is so important as to endanger other drivers or yourself. I consider this behavior as INSANITY. Color me old fashion, but I believe the number one job of city and state givernment is public safety. The biggest threat I face in my life, on a daily basis, is distracted drivers. They are the terrorists that worry me most. Thank you for your concern and action. Keep up the good work. Jon F Diggs Meridian, ID 10/5/2010 DRAFT adding definition of "Wireless, handheld de ' " ~~CE~ CITY OF MERIDIAN ORDINANCE NO. '~ Y ~,~ OCT 0 5 2010 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREIV>~AY OFCGf' mr,,N CITY CLERKS OFFICE AN ORDINANCE REPEALING TITLE 7, CHAPTER 1, SECTION 9 OF THE MERIDIAN CITY CODE, REGARDING IMPOUNDING OF VEHICLES; AND REPLACING WITH A NEW TITLE 7, CHAPTER 1, SECTION 9, REGARDING TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the passage of Idaho Code section 49-1819,:effective July 1, 2010, the Idaho legislature expressly preempted municipal code provisions regarding towing of vehicles; and WHEREAS, in recent years there has been a proliferation of drivers who choose to use cellular telephones or other wireless electronic devices to write, send, andlor read text-based communications, while driving motor vehicles; and WHEREAS, distractions caused by such devices, including the act of texting while driving significantly impair drivers' reaction time, increase crash risk, and has in fact resulted in traffic accidents, injuries, and deaths within the City of Meridian, particularly among less experienced drivers; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to prohibit drivers within the City limits from engaging in text messaging while driving in order. to improve roadway safety for all vehicle operators, passengers, bicyclists, pedestrians, and other road users; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 7, Chapter 1, Section 9 of the Meridian City Code is hereby repealed, and shall be replaced with language to read as follows: 7-1-9: TEXTING WHILE` DRIVING PROHIBITED: Texting while operating a motor vehicle while such vehicle is in motion shall be prohibited. A first and/or second violation of this section shall be an infraction, punishable by a fine of seventy-five dollars ($75): A third and/or subsequent violation of this section shall be a misdemeanor, punishable by a fine of up to three hundred dollars ($300), or by imprisonment in the county jail for up to ninety (90) days, or both such fine and imprisonment. "Texting," as it is used in this section, shall be defined as engaging in the review, preparation, and/or transmission of a typed or pictorial message via a wireless, handheld device. This definition shall not include: the use of avoice-operated or hands-free device to review, prepare, and/or transmit a message without the use of either hand except to activate, deactivate, or initiate a feature or function of such voice-operated or hands-free device; the use of any device to dial a TEXTING WHILE DRIVING ORDINANCE PAGE 1 OF 2 CITY OF MERIDIAN CITY COUNCIL PUBLIC COMMENT SIGN-UP SHEET DATE October 5, 2010 ITEM # 6C Page 1 ITEM NAME Texting While Driving PLEASE PRINT NAME FOR AGAINST NEUTRAL ~~ 'one L~n d~ / r ~ 1~~~~~ s ~~ ~U c r ~ l ~/~ ~~S' ~~ ~~ ~' ~ ~ - r i~.~ ~ ECEIVE OCT 0 5 2010 CITY OFC~fi~~~- Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $A PROJECT NUMBER: VAC 10-006 ITEM TITLE: Spring Creek Continued Public Hearing from September 28, 2010: VAC 10-006 for Spring Creek by Douglas Clegg Located at 3165 N. Meridian Road Request: Vacate an Existing Irrigation Easement on the Site MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (~'~ (© ~ I~' (p ~ZE' SO o~r1 ~-or ~ a ~ a~ Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $B PROJECT NUMBER: TE 10-021 ITEM TITLE: Arch Rock Subdivision Public Hearing - 18-Month Time Extension to obtain the City Engineer's signature on the Final Plat by CTD Development, LLC MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $C PROJECT NUMBER: TE 10-022 ITEM TITLE: Ambercreek No. 2 Public Hearing - 18-Month Time Extension to obtain the City Engineer's signature on the Final Plat by Trilogy Development - SWC of N. Meridian Road & W. McMillan Road MEETING NOTES CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $p PROJECT NUMBER: TE 10-023 ITEM TITLE: Zebulon Heights Subdivision No. 2 Public Hearing - Final Plat by The Eagle Road 18-Month Time Extension to obtain the City Engineer's signature on the Traditions by Amyx II, LLP -south side of E. McMillan Road, west of N. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~(~' Eo I 0 - b C)rde~ o r1 -~r t c~ ~a~ Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: $E PROJECT NUMBER: MDA 10-008 ITEM TITLE: Regency at River Valley Public Hearing -Modify the site plan, landscape plan, building elevations and certain provisions contained in the development agreement approved for the Regency at River Valley apartment project by Bach Investments, LLC - 2500 N. Eagle Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Office Department Report: Amended Resolution No. 10-745A: An Amended Resolution of the Mayor and the City Council of Meridian Clarifying the Ex-Officio Members of the Solid Waste Advisory Commission and Appointing Todd Carlson to the Meridian Solid Waste Advisory Commission MEETING NOTES CLERKS OFF/CE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 ~O "~--- ~F V 1 CITY OF MERIDIAN AMENDED RESOLUTION NO. ~_~,,,~,~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR MEMBERS FOR THE MERIDIAN SOLID WASTE ADVISORY COMMISSION TO INCLUDE TODD CARLSON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1450, on June 22, 2010, approved the establishment of a Solid Waste Advisory Commission; and WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1452, on August 17, 2010, thereby created the Meridian Solid Waste Advisory Commission; WHEREAS, the City Council of the City of Meridian desires to amend its Resolution no. 10-745 approved on September 28, 2010 clarifying that the appointed Sanitary Services Company member and the Meridian City Council member to the Solid Waste Advisory Commission serve as ex-officio members without voting rights and do not therefore require a seat designation; WHEREAS, the City Council of the City of Meridian desires to amend its Resolution no. 10-745 approved on September 28, 2010 to allow for the appointment of Todd Carlson to the Meridian Solid Waste Advisory Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3(C), the following members of the Meridian Solid Waste Advisory Commission, be appointed to the following seats and initial terms of service to be effective October 1, 2010 with subsequent three-year terms upon reappointment: Seat 1, one-year term: citizen member to be appointed at a later date Seat 2, two-year term: Robert Corrie, citizen of Meridian, to expire September 30, 2012; AMENDED RESOLUTION FOR APPOINTMENT OF SOLID WASTE ADVISORY COMMISSION MEMBERS -Page 1 of 2 Seat 3, two-year term: Todd Carlson, citizen of Meridian to expire September 30, 2012; Seat 4, three-year term: Steven Cory, citizen of Meridian, to expire September 30, 2013; Seat 5, three-year term: Nancy Mann, citizen of Meridian, to expire September 30, 2013; Seat 6, three-year term; City of Meridian Utilities Billing Manager or designee; Seat 7, three-year term; City of Meridian Director of Public Work Department or designee; Seat 8, three-year term; City of Meridian City Attorney or designee; Seat 9, one-year term; youth member to be appointed at a later date. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this~~day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this J day of ©~Z ©.~/~ , 2010. APPROVED: _.., ~__~. ~ml ~ .~'~ Mayor T mmy de Weerd `~ `,~n,rrr /rr~ / ATTEST: `\`\~~~~~ V` ~~~~~~' •~ C~' ~ By. Jaycee Holman, City Clerk $~,',~~ ~: '9Q ~` T 18"t . 1` ~~ AMENDED RESOLUTION FOR APPOINTMENT OF SOLID w?Cf~T~~S~~~DRY MISSION MEMBERS -Page 1 of 2 rrrrrrrn rzN~~~ Dear Mayor De Weerd, My name is Todd Carlson. I am writing the letter of interest in the position offered on the Solid Waste Advisory Commission. I have no public office experience, but am a citizen of Meridian, father of two boys and a husband for 16 years. I am the Scoutmaster for Meridian Troop 62 and spend endless hours working with the youth of Meridian. I have been successful in business and relationships for my entire professional career. I am also a US Army Veteran and am proud of my Country and Community. I would like to be considered for this commission. Please see the enclosed resume. Yours Respectfully, Todd Carlson `, . 896 S. Pine Bat PI Phone 208-880-8928 Meridian Idaho 83642 E-mail todd.carlsonQhotrnail.oom • • • ~ r ~ plrol~esesional Jan 2008 to Present Dealers Auto Auction of Idaho Nampa Idaho s~Mnco Assiislbr~t 6enerad Nlansgeir ^ Manage Sales /Operations /Detail /All Customer Relations ^ Manage 43 Employees Jan 2005 to Jan 2008 Carlson Performance Group Meridian • Auction Consulting Company Nationwide p~ Sales and Marketing Executives International ~nernUersldpes Scoutmaster Boy Scouts of America Troop 62 8 Pack 51 Cub Scouts actlvitles p To attain a volunteer position with the City of Meridian in hopes of helping the community Volunteering at the Boise Rescue Mission with the Boy Scouts acfivitlas ~ and Climbing, Hiking, Camping. Real Estate Investing scttvltiss V~ ester Scouts of America 8 years and counting _ ~ _ gay ~e Top Secret White House 1988-1989 During time spent in the Army Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Police Department Report: Proposed Ordinance Prohibiting Sale and Use of Synthetic Cannabinoids ("Spice") MEETING NOTES ~ :~ ~ ~/~~ ~~ ~ G~~ ~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DR~1 FT 10-5- l0 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION, TO TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO THE POSSESSION AND SALE OF PRODUCTS CONTAINING SYNTHETIC CANNABINOIDS, KNOWN OR SOLD UNDER PRODUCT NAMES SUCH AS "SPICE" AND "K2"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code, Title 50, Chapter 3, the City of Meridian has the authority to enact ordinances not inconsistent with the laws of the state of Idaho to preserve public health, maintain the peace, and promote the general welfare of the City; and WHEREAS, certain businesses within the City are selling a mixture of herbal and spice plant products which are laced with synthetic cannabinoids; and WHEREAS, the products are sold under names, including but not limited to, "Spice," "K2," "Black Mamba," and "Blue Pearl"; and WHEREAS, the products are labeled as incense and "not for human consumption" but are marketed, sold, and used as a smoking product; and WHEREAS, the product is often referred to as "synthetic marijuana" because the ingredients are designed to mimic the active ingredient THC found in marijuana; and WHEREAS, this synthetic marijuana is becoming increasingly popular with those vulnerable to drug abuse,.. such as minors, probationers, and parolees; and WHEREAS, such products are known to cause hallucinations, blurred vision, elevated blood pressure, rapid heart rate, nausea and vomiting, seizures, and loss of consciousness; and WHEREAS, the Drug Enforcement Administration has labeled the product a "drug and chemical of concern"; and WHEREAS, approximately 13 states have banned the sale and possession of these synthetic cannibinoids to date; and WHEREAS, the Idaho Board of Pharmacy is in the process of adopting an emergency rule to prohibit the sale of the product in businesses which are licensed by the Board of Pharmacy; and WHEREAS, the product is widely available in retail stores not regulated by the Board of Pharmacy, including tobacco shops, bars, pool halls, and convenience stores, some of which are accessible to minors; and SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 1 OF 4 DRAFT 10-5-10 WHEREAS, the chemicals commonly found in these products are not yet categorized as illegal controlled substances under state or federal law and, therefore are not prohibited for sale, possession, or use within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 6, Chapter 3, Section 11, Meridian City Code, shall be, and hereby is, enacted to read as follows: Section 6-3-11: UNLAWFUL SALE AND POSSESSION OF ILLEGAL SMOKING PRODUCTS: A. It shall be unlawful for any person to use, possess, purchase, or attempt to purchase any illegal smoking product. B. It shall be unlawful for any person to sell, offer to sell, give away, deliver or publicly display for sale any illegal smoking product. C. For purposes of this section, the following terms shall be defined as follows: PERSON: an individual, corporation, partnership, wholesaler, retailer, and any licensed or unlicensed business, including a clerk, manager, or owner of a business; 2. ILLEGAL SMOKING PRODUCT: Any substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, which, when smoked or ingested, mimics the effects of a controlled substance, regardless of whether the substance is marketed for the purpose of being smoked or ingested, which includes any one or more of the following chemicals: a. CP 47,497 and homologues: 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2- yl)phenol) b. HU-210: [(6aR,l0aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol)], also known as 6aR-trans-3-(1,1- Dimethylheptyl)-6a,7,10, l0a-tetrahydro- l -hydroxy-6,6-dimethyl-6H- dibenzo [b,d] pyran-9-methanol c. JWH-018: 1-pentyl-3-(1-naphthoyl)indole, also known as Naphthalen-l-yl-(1- penttlindol-3-y1)methanone d. JWH-073: 1-butyl-3-(1-naphthoyl)indole, also known as Naphthalen-l-yl-(1- butylindol-3-yl)methanone e. JWH-200:1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 2 OF 4 DRAFT 10-5-10 f. JWH-081: 1-pentyl-3-(4-methoxy-l-naphthoyl)indole, also known as 4- methoxynaphthalen-l-yl- (1-pentylindol-3-yl)methanone g. JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 2-(2- methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone h. other synthetic cannibinoids or substances with the equivalent chemical structure of the substances defined above. D. Any person in violation of this ordinance shall be guilty of a misdemeanor. E. If the Idaho Legislature adopts a statute enacting criminal penalties for the possession, sale or delivery of any illegal smoking product as defined by this ordinance, then upon the effective date of such state statute, this ordinance shall no longer be deemed effective. However, a violation of this ordinance occurring prior to the effective date of such state statute may be prosecuted after the effective date of the state statute. F. If any provision of this ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this Ordinance shall be in full force and effect immediately upon its passage. PASSED by the City Council of the City of Meridian, Idaho, this 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 2010. APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk day of October, day of October, SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 3 OF 4 DRAFT 10-5-10 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.10- PROVIDING FOR A NEW PROVISION OF THE MERIDIAN CITY CODE PROHIBITING THE USE, POSSESSION, PURCHASE, SALE, OFFER, GIVEAWAY, DELIVERY OR PUBLIC DISPLAY OF PRODUCTS CONTAINING SYNTHETIC CANNABINOIDS An ordinance of the City of Meridian adding a new section, Section 6-3-11, to Meridian City Code, relating to the possession and sale of products containing. synthetic cannabinoids, known or sold under product names such as "Spice" and "K2." The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council BY: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- of the City. of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2010. William. L.M. Nary City Attorney SYNTHETIC CANNABINOIDS/"SPICE" ORDINANCE PAGE 4 OF 4 Meridian City Council Meeting DATE: October 5, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Police Department Report: Budget Amendment for Department of Justice (DOJj Award Acceptance MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~_ ~ Id ~~ --~ ar~q ino.~ -~ iddd~ L- z~ ~~ ~o Q: rTl H C t V G O w .~ a 0 a Q 0 .y ti y U .~ .~ LL 4. e- N L i+ ~+ m ~ ~ ~ } ~ U ~ a LLa I I~ L ~ a~'i E ~ °~ ., ~i ~ ~ ~ ~ .~ ~ ~ c ~ ~ c •- U ~ ~ ~ a ~c~~~a ~, w o ~ ~ it ~" o ~i Z } v W c L W ~, OTC O F- Z W O Z W a H W m N L_ N 0 c w ca C a N 0 a~i a~ c .. c~ c rn a~ m f~ N N N N 7 a~~i a ~~ ~~ L ~ c C O w .~ t` .N E 0 rn c .~ r c ~ ~ O N N ~ ~ .~ EU ~~ a~ ~ N ~ ~ ~ C N C. ~ .0 N ~ U Q. ~ X (~Up N N C r ~ ca ~ c m ~: .~ o N ~~ c '~ w '~ .. 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