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2011-03-22
E I DIANA I©AHC7 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 22, 2011 at 7:00 PM 1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg.1) 3. Community Invocation by Tim Pusey with Valley Shepherd Nazarene (Pg. 1-2) 4. Adoption of the Agenda (Pg. 2) 5. Consent Agenda (Pg. 2-3) A. Approve Minutes of March 8, 2011 Special Workshop Meeting B. Approve Minutes of March 15, 2011 City Council Special Meeting C. Approve Minutes of March 15, 2011 City Council Regular Meeting D. Agreement for Connection to City Water System at 2055 Ten Mile Road Between the City of Meridian and Richard Hatch E. Utility License Agreement with Settlers Irrigation District for Water Line Crossings of the Harrell and Wolf Laterals F. 2011-2012 Beer, Wine, Liquor License Renewals: Fiesta Guadalajara 704 E. Fairview Ave. B/VU/L Ustick Chevron 770 W. Ustick Ave. B/W Ultra Touch Car Wash 835 E. Fairview Ave. B Chili's/On The Border 3004 N. Eagle Rd. B/W/L Gelato Cafe 2053 E. Fairview Ave. B/W/L Baja Fresh Mexican Grill 1440 N. Eagle Rd. B The Cigarette Store 200 E. Fairview Ave. B Meridian City Council Meeting Agenda -Tuesday, March 22, 2011 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. 6. 7. 8. Community Items/Presentations A. Meridian Police Activities League (MPAL) Basketball Program Proposal in Heroes Park (Pg. 3-11) B. Presentation and Discussion Regarding an Agreement with Cole Valley Christian Schools for Joint Use of Sports Facilities (Pg. 11-13) Items Moved From Consent Agenda (Pg. 13) Action Items A. Public Hearing: TEC 11-001 Crossfield Subdivision by Pride, LLC Located Southwest Corner of N. Venable Lane and W. Ustick Road Request: Time Extension Approval on the Preliminary Plat (Pg. 13-15) 9. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update (Pg. 15-17) B. Mayor's Office: Resolution No. A Resolution of the Mayor and City Council of the City of Meridian Reappointing Keith Bird to Seat 6 and Julie Pipal to Seat 2 of the Meridian Development Corporation (Pg. 17) C. Clerk's Office/Planning Department Joint Report: Request for Fee Waiver for a Conditional Use Permit (CUP) by Divine Wine Located at 2310 Overland Road, Suite 105 (Pg. 17-18) D. Planning Department: Eagle Road Safety Improvements Request Letter to the Idaho Transportation Department (ITD) (Pg. 18) E. Planning Department: Budget Amendment for Spending Authority of the Community Development Block Grant (CDBG) PY2010 Award in the Amount of $274,368.00 (Pg. 18-19) F. Police Department: Meridian Spice Ordinance Status Following Designation of Spice as a Controlled Substance Under Idaho Code (Pg. 19-22) Meridian City Council Meeting Agenda -Tuesday, March 22, 2011 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. G. Police Department: Second Precious Metal Discussion (Pg. 22-28) 10. Future Meeting Topics (Pg. 28) Meridian City Council Meeting Agenda -Tuesday, March 22, 2011 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. .. March 22 2011 .~. Meridian Ci Council Meetin ' ' cil was called to order at 1:05 p.m., Tuesday, March A meeting of the Meridian City Coun 22, 2011, by Mayor Tammy de Weerd. • de Weerd Brad Hoa lun, David Zaremba, Keith Bird Members Present. Mayor Tammy g and Charlie Rountree. • ill Na Ja cee Holman, Anna Canning, Warren Stewart, Tracy Others Present. B ry, Y . ' nson Steve Siddowa ,Luke Cavener, Robert Simison, and Dean Basterrechea, Bill Joh Y 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 Weerd: Thank ou for our atience. We will just go ahead and enter right into our De Y Y p . lar meetin a enda for Cit Council. It is Tuesday, March 22nd. Its five minutes regu g g Y after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance r :Item No. 2 is ado tion -- oh, I'm sorry. Pledge of Allegiance. If you will all De Weed p rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Communit Invocation by Pastor Tim Pusey, Valley Shepherd Y Nazarene Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor De ... Tim Puse with Valle She herd Nazarene in south Meridian. Thank you for joining us. y Y p Pusey: Thank you. De Weerd: I would invite everyone to join us in the invocation or take this as an opportunity for a moment of reflection. Puse :Let's ra . Heavenl Father, we want to thank you for the beautiful day that you Y p Y Y . ve iven to us toda and we want to thank you for the many blessings in our personal ha g Y lives and our blessin s u on the community of Meridian and we also thank you tonight y g p for our Cit Council and the other servants of this community and we seek your wisdom '~` y 'this and discernment for them as they carry out the business of our city this evening in Meridian City Council March 22, 2011 Page 2 of 30 ow we mi ht best live together as a community meetin .Guide us, Lord, and teach us h g g need and the lonely and the hurting and ma we alwa s be mindful of the poor and the y y y are so mindful all around all around us here in this community and, indeed, we . who are as ect of this meeting our lobe toni ht and, Lord, we seek your blessing upon every p g g tonight, amen. Item 4: Adoption of the Agenda ' ' in us this evenin .Item No. 4 is adoption of the agenda. De Weerd. Thank you for join g g Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. eaks to toni ht's a enda. We are going to jump to Department Hoaglun. A few tw g g e have 9-B that resolution number is 11-777. 9-D will be a request Reports, Item 9. W , ' ntil the A ril 5th meetin .And we are going to add Item No. 11 to continue this item u p g . ' n Executive Session. Idaho State Code 67-2345(1)(f}, So, with those, and that will be a Madam Ma or, I move adoption of the agenda as amended. Y Rountree: Second. ave a motion and a second to adopt the agenda as amended. All those De Weerd. I h in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. A rove Minutes of March 8, 2011 Special Workshop Meeting pp B. A rove Minutes of March 15, 2011 City Council Special pp Meeting C. A rove Minutes of March 15, 2011 City Council Regular pp Meeting D. A reement for Connection to City Water System at 2055 Ten g .. . Mile Road Between the City of Meridian and Richard Hatch E. Utilit License A reement with Settlers Irrigation District for Y g Water Line Crossings of the Harrell and Wolf Laterals F. 2011-2012 Beer, Wine, Liquor License Renewals: Fiesta Guadalajara 704 E. Fairview Ave. BIWIL Meridian City Council March 22, 2011 Page 3 of 30 .~, Ustick Chevron Ultra Touch Car Wash Chili'slOn The Border Gelato Cafe Baja Fresh Mexican Grill The Cigarette Store De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. 770 W. Ustick Ave. BNV 835 E. Fairview Ave. B 3004 N. Eagle Rd. BIVIIIL 2053 E. Fairview Ave. BNUIL 1440 N. Eagle Rd. B 200 E. Fairview Ave. B to the Consent A ends. I move approval of tonight's Consent Hoaglun. No changes g A enda and the Mayor to sign and Clerk to attest. 9 Rountree: Second. a motion and a second to approve the Consent Agenda. Madam De Weerd. I have 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 ItemslPresentations A. Meridian Police Activities League (MPAL) Basketball Program Proposal in Heroes Park I em 6 under Communit Presentations. I will turn this over to our parks De Weerd. t Y director who has the next two items. ' ~ Thank ou Madam Ma or. This first item is regarding Meridian PAL and a Siddoway, y Y . r a basketball court in -- in Heroes Park. This presentation was made to the proposal fo ecreation Commission last month and the commission liked it and asked Parks and R ' forwarded on to the Council for your consideration. So, I'd like to introduce that it be he's PAL's executive director, and Mark Lightner, he's MPAL's vice- Tom Roy, ' r to make the initial resentation, after which I will join on at the end for commissione , p some additional comments. De Weerd: Good evening. Meridian City Council March 22, 2011 Page 4 of 30 . is Tom Ro I'm executive director for the Police ~. Roy. Members of Council, my name Y • • • at 250 North Baltic Avenue and this is Mark Lightner. Activities League located • ~ ss is 1215 East Le acy View Drive herein Meridian. Lightner. Mark Lightner, addre g De Weerd: Thank for joining us, Mark and Tom. • ~ ha to be here. Madam Mayor and Council Members, Lightner. Thank you. We are ppy • or ei ht slides here and before Mr. Siddoway has a few I will begin. I have about seven g . ' s we resented the slide deck to the Parks and Rec Commission, we as well. So, just a p ~ our ' 'ust talkin about some of the contributions that not only began with a presentation ~ g . swell as our volunteers with PAL, so beginning with director and board members, a • ffer to the communit with more than 5,000 youth and as looking at what -- what we o Y ' me of the numbers esterday, we actually have about 200 Tom and I were looking at so Y ' cence in the Meridian area participating in programs this more children and adoles ' some considerable rowth. Probably a little bit of an spring. So, seeing g ' ' n here with more than parent -- 500 parent volunteers mentoring our underestimat~o ' swell as other res onsibilities of board members and such. youth through coaching, a p ducation ro ram that we participate in is certainly something to The drug and alcohol e p g ' h the MADC ro ram, the recognized program, as well as be very proud of wit p g , , ' well as kind of followin on that, the 2009 recogn~t~on of the Leadership First, as g ' award for exem la voluntary service. So, certainly part of Governors Brightest Star p rY reco nized ro ram that PAL participated in. Again, some of the programs ,,~ the MADC g p g -- ntioned re istration is about ten percent above where we were the that we offer I me g ' II is one of the ro rams that we operate both in the spring and prior year. Flag footba p g ason. We have a roximately 1,500 youth participating in that program. the fall se pp ' rest ro ram which does participate out at the Heroes Park facility. Soccer being our la g p g 00 kids in the s rin and again in the fall. Baseball is where we have seen a About 1,4 p g ' ear about 150 or so kids more than last year, and we offer that lot of growth this y ' rin onl . Basketball is our newest addition we are proposing in the program in the sp g y ' of a Ma June time frame, and as well as Meridian PAL offers various late spring, kind y, hrou hout the ear various by sport. The basketball program that we are camps t g Y , ' ni ue ro ram in that currently there is nothing in the community that s proposing is a u q p g ' 's a three-on-three basketball program to be played outside on outdoor being offered. It nd the desi n of our ro ram and management, it would be handled just as our co u its a g p 9 .. ' rams within PAL. We would like to offer additional camps and other existing prog u hout the summer to en a e the youth in many activities. So, we feel tournaments thro g 9 g ed artnershi with the Parks and Rec Department at Heroes Park ~s that a propos p p the success car in this new vision and new mission for a program out. paramount to rY g ' here the basketball ro ram is projected to have two to three hundred Carrying forward p g ' ' This is based on 'ust some prior year -- or prior programs when we part~c~pants 1 ou know what kind of involvement and engagement we had from the launched them, y , i . We did also conduct a survey and I have some survey results to share as communty . f the thin s that we do incor orate is some fees to cover park use and this is well. One o g p ro osal for the Parks and Rec Department for a fee that we paid to them ,,~ part of the p p ' oin to enerate an additional two to three thousand dollars per year for that we feel is g g g Meridian City Council March 22, 2011 Page 5 of 30 ' wth we believe of this program could reach 500 ~~ our contribution to the park. Future gro • • ositive im act to the youth in the community. Other plus participants, having another p p .. • • themselves with an outdoor basketball facility. opportunities that may present • he do so feel inclined to offer an adult league. We Obviously, either PAL or the city, if t y , ise cit does have an adult three-on-three league that have -- we do understand that Bo y eir arks. Youth camps, as well as other three-on-three they operate at at least one of th p . , ' artnershi s with or anizations like the Boys and Girl s tournaments, as well as possible p p g . ' s. And of course, ou know, we believe this would be Club or other youth organization Y ' (read a rest ark that PAL is, you know, utilizing right now. another great amenity at a y g p ' There we o. Some survey results. We did complete a I think I went backwards. g .. . ' he res ondents said that they would have a child participate in survey. Fifty percent oft p _ _ I ro ram and of those respondents at least half -- 55 our three on three basketba I p g , , ' t the would have multiple children -- at least two participate in percent of them said tha y ' n of our ro rams it is a family event and many of them have our program. So, like may p g . , ' members artici ate in our programs. We had a lot of positive ones, as multiple family p p . . h them all. Of course, I brought the positive. Any good comments. I won t read throug know a ain eo le 'ust commenting that they think this ~s a presenter would. You g , p p J , . ' ' ~ a to build skills for the program. They would definitely have great idea, it s a g rest w y ,, ' ' ' in the ro ram. It sounds like fun. People think it s a great their children participate p g to add other ro rams like volleyball here. So, we are always idea and they want us p g ' to make a ositive im act to the community. So, in conclusion, a looking for new ways p p . . ' idian Police Activities League and the Meridian Parks and Rec partnership between Mer . . reatl benefit the outh and the community of Meridian and Department we feel would g y Y - tball ro ram while it would certainly be unique to our area being a three on three baske p g , r the outh and, of course, you know, the courts would add some its the only kind fo y , w o ortunities that aren't currently available, as well as, you know, value and create ne pp ' ' e that we could enerate accelerate and complete our commitment the additional revenu g ' at Heroes Park. I will turn it over to Mr. Siddoway now. Thank you. to the protect De Weerd: Thank you. ' ~ u. The next uestion is where we are talking about. This is the Siddoway. Thank yo q ' Heroes Park hase three improvements that we are just wrapping up site plan for the p ' u can see next to the arking lot what was intended for the in-line and on this map yo p are ro osin to convert that in-line hockey pad to the basketball -- hockey pad that we p p g .The would line out running north-south side by side on that pad. the basketball courts y ' ns to be exact) wide enough as a basketball court is long, so that we can It Lust happe Y ' side with about 17 feet between each court. As I said, they would line those out side by ' basketball with their ro rams, but this would make it available for be playing half court p 9 - - hree adult ro rams that we might like to run in the future as well. any other three on t p g ve had in our acket the roposed addendum to the existing agreement You should ha y p p ' hard co ies to ou with some specific changes to point out from what and I provided p Y . ' ts. Those chan es are on page two, section two, regarding the PAL was in your packe g ' nd the version that was in our packets -- it was arranged as if PAL was commitment a Y ' in the ro'ect in both the city and Pal would get billed 50 percent for ,.-.,, going to be manag g p J -- . We have cost estimates for that project that put it just under 16,000 that the protect Meridian City Council March 22, 2011 Page 6 of 30 ~. total. We had a meetin esterday with purchasing and legal and parks staff dollars g Y and talked about what's the best arrangement to get this done right and we have chap ed this arran ement to propose that we would manage the project, much like we 9 g mana ed the rest of the construction in Heroes Park and that --that PAL would donate g u front 8 000 dollars -- 'ust over half of the cost of that project going into it and, then, p ~ 1 we would mana a the ro'ect through completion. The funds for this partnership on the g p1 art of the cit Parks De artment already exists in the Heroes Park budget under our p Y p add alternate. You will remember last year we came forward with an enhancement for add alternates as art of the Heroes Park phase three. It included the arbor around the p concession buildin ,some drainage work in the northwest corner and the east side g athwa ro'ect. Two of the three are completed. The third is under contract and we p Yp 1 have the funds available to do this without a budget amendment if the Council is a reeable to that. With that we are here to take comments from Mayor and Council. If 9 ou have an suggested changes we can make those and put that on a future Consent Y Y .. A enda for ou. If you like ~t the way it is, then, PAL is actually prepared to sign it and g Y move on with it as is tonight. So, with that I will stand for questions and Tom and Mark are also here to answer any questions you may have. De Weerd: Thank you, Steve. Council, any questions? Hoaglun: Madam Mayor? .~ De Weerd: Mr. Hoaglun. Hoa lun: Quick question for whoever wants to address it. One of the comments talked g about overlap and you have got a lot of programs going on. Is there overlap and if there is how is the parking situation out there? Roy: What our design for the basketball portion is going to be, it's going to be during the week, so there may be a couple weeks at the end of May that we overlap with our soccer season, but rather than doing it on Saturday when all the parents are there for the games, we will do it during the week, so we will have no weekend games is the intent of our three-on-three -- or our three-on-three league. If we do a tournament or something such as that where it would be more on a weekend, we would do it on an open weekend and we would just work with Parks Department to coordinate our reservations between the two sports. Siddoway: Our intent is to not have them overlap with the spring soccer schedule -- well, on those game days when it's just full of soccer kids. Bird: Madam Mayor? De Weerd: Mr. Bird. .~, Bird: I got a couple questions. What --what surface are you going to use? Concrete? Meridian City Council March 22, 2011 Page 7 of 30 .~. Siddoway: Yes. It's the concrete pad that's already out there. Bird: Pretty slick. What age group are you going to use? Ro :You know our tar et is we want to open it up. one of the reasons we designed it Y ~ g . as athree-on-three, we want to open it up to fairly young kids, kindergarten, first grade a e and u . We feel it's a good venue just to get -- to start learning how to play. 9~ p basketball at those a es and, then, for kids who are more advanced three-on-three is g nice too, because you get a lot more time with the ball and a lot more time to, you know, participate. Bird: Are ou oin to ut adjustable baskets in, so kids don't -- the younger kids don't y g g p 1 start with a ten foot? Siddowa : The answer to that is yes. They would be adjustable and lockable. You Y actual) have a detail of those as one of the attachments to the agreement in front of Y . , .. . ou as art of our due diligence this week we did go out and solicit two additional bids Y ~ p .. . to make sure we were getting a good price and the two additional bids that we got were uit a bit hi her than what PAL has been able to work out with Recreation Today. So -- q g and they are a contractor that we have worked with in the past. Bird: You got to have a lot of money for maintenance. Siddoway: What's that? Bird: You got to have a lot of money for maintenance with those. Hoa lun: Madam Mayor and Steve, I noticed they were break away rims, so in the 9 event they are left at eight foot and you get some boys who, hey, I can slam dunk now, yeah, that's -- Siddoway: We talked about that. Ro :Our intent is when the board goes out and sets up for --for the games, they would y , lower them and, then, raise them back to ten feet. We are just like you, we don t want to see them vandalized or anything else. The other thing as I mentioned, too, is the posts also have pads and stuff, so if you have other kids out there we can leave the pads up or we can take them down, just depending, but we will have them up for the games and, then, they will be available for anybody else who wanted to use them. Bird: What age group are you capping off at? Ro : You know, we are not -- generally most of our kids are -- junior high and high y ... . school we lose most of our kids. I think initially we will open it up and dust see how .,.-~. much participation or interest we get from junior high and high school age kids. Mark Meridian City Council March 22, 2011 Page 8 of 30 ~~ and I actual) talked about that today. You know, our anticipation is we may not get y enou h kids in hi h school to participate with a league. Junior high might be pushing it. 9 g But based on our other lea ues, the bulk of our kids would probably be third to about g sixth grade. Bird: Your hi h school kids in May and June, that's when they are playing their spring g tournaments in their basketball. School ball. Roy: Yeah. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Steve. Have you done some estimating on the question that Councilman Bird raised in terms of having adequate reserves for maintenance and replacement? Siddowa : Well, we have existing basketball courts that we maintain. They are not Y adjustable. So, etting the adjustable hoops would be a bit of an unknown to us, but I J g don't antici ate a lot more. We will have to be replacing the -- the nets on an annual p basis, but we can absorb that cost. The key is going to be making sure that those hoo s are locked in the full upright position after PAL game day, so that it's not a p dunkfest location. Rountree: But what kind of costs are you incurring now with the ones that you have on an annual basis? Siddoway: Let's see. Garrett, do you -- so, you're saying 15 dollars per Court -- per hoo , so there would be six out there. So, 90 dollars for the nets themselves. We don't p .. have a lot of other costs associated with them today. One of --the original proposal that went to the commission actually had a tempered glass backboard and we had concerns about those being broken with rocks and things and in the proposal that we have got now we have changed that out because of maintenance concerns and have that as the acrylic backboard that we have in other parks as well. Rountree: Thank you. Bird: Madam Mayor? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I'm remembering correctly, years go when you were first talking about this park there was discussion about basketball hoops in this area, so it's not particularly a Meridian City Council March 22, 2011 Page 9 of 30 ~ new idea I uess but at the time there was some discussion about maybe putting in g , some sleeves that would have removable basketball hoops in them, which didn t ha en. But I uess m uestion is if we go by the design that I'm seeing here, that's a pp g Y q ermanent installation and this would never be used for in-line skating again. Is that p acceptable? Siddowa : We have talked about that as well and the -- the poles would be installed Y 'ust off the concrete in the as halt area and come out forward over the concrete. The -- ~ p ri ht now PAL does not have current intentions to do -- to further their in-line hockey g ro ram and the can talk about that more if you d like, but we are putting these in with p g Y . -- to make it flexible, so that it does have the ability to be used for in-line hockey, if that should come back up, because the posts will actually sit just outside of the concrete area in where the asphalt is. Zaremba: Great. Thank you. De Weerd: Mr. Bird. Bird: Oh. Yeah. Steve, I think I would check into the acrylic against the tempered. That ac lic breaks very easy and it's very dangerous. It don't -- if it's broke it comes ry down and it can cut kids. Take it from a guy that s replaced three of these for his grandsons.. I'm serious. These same things. Siddoway: I would be glad to re-look into that. Bird: I would seriously -- Siddowa : We have had some feedback that they were something like ten times Y strongerfrom the manufacturer, but Iwon't -- Bird: Acrylic? Siddoway: Yes. Bird: Yeah, it's strong, but I don't know if it's ten times stronger. How thick is it? Siddoway: I'd have to look at the specs. Bird: I don't know, I -- and if you got the -- if you got the -- if you have got the edges covered on the tempered it's hard to break. Hitting tempered flat on is tough to break. Siddoway: I would be glad to look at that to insure that we are getting the least the breakable version. ~• Bird: But Ijust -- you'd have a lot in maintenance. If you're paying 15 dollars a net I think you betterfind a new supplier. That's all I got. Meridian City Council March 22, 2011 Page 10 of 30 ~. Siddoway: Any of other questions? Comments? De Weerd: Mr. Bird, there is -- Bird: I seen it. De Weerd: Okay. Siddowa : So we would seek any comments or feedback from Council. If you are Y comfortable with the arran ements we have made with PAL donating the 8,000 dollars g and us mana in the contract, we would -- we would seek your approval tonight or ask g9 for any changes that you would like to have brought back. De Weerd: Okay. Council? Rountree: Madam Ma or, if there aren't any changes being proposed -- and I don't hear ,Y an bod wantin to sit on it for awhile -- I have a final question for Bill. Bill, have you Y Y g reviewed the agreement and does it pass your test and -- Na :Madam Ma or, Members of the Council, Council Member Rountree, Mrs. Kane ry Y from my staff is the one that wrote it. Rountree: Oka . So, it's --with that, Madam Mayor, I would move that we approve the Y . a reement ro osed here this evening for a point venture with PAL for a basketball g pp facility at Heroes Park. Hoaglun: Second. De Weerd: I have a motion and a second to approve moving forward on this project and, Mr. Bird, just for your information, it is 3l8ths of an inch thick, clear acrylic. Bird: That's right. De Weerd: So, I knew I saw it somewhere. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoa lun: Just a quick comment. Just appreciate PAL for your work on this and g ... . willingness to find new activities for kids. I mean that s -- that s a great partnership we have and really do appreciate it very much. Ro : Well, thank you. And I think, you know, it kind of helps, too. I know last year Y . when we talked about renegotiating the contact one of the things we talked about was Meridian City Council March 22, 2011 Page 11 of 30 ~ i s to accelerate the a off, putting more kids at Heroes Park kind of helps doing th ng p Y meet that oal as well. Plus it gets more kids out there. So, thank you. g De Weerd: Okay. Any further discussion? Bird: I have 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. De Weerd: Thank you, Mark and Tom, for being here. Roy: Thank you. Lightner: Thank you. B. Presentation and Discussion Regarding an Agreement with Cole Valle Christian Schools forJointUse of Sports Facilities Y De Weerd: Okay. 6-B is also Mr. Siddoway. Siddowa : Thank ou, Madam Mayor, Members of the Council. This is another Y Y a reement, but this one is related to gym usage and we have a proposed gym use g ... a reement with Cole Valley Christian School. We have been using their facilities for g some time, but this would formalize an arrangement and benefit the city with lower costs and riorit use, as well as benefit Cole Valley. Matt Begliner is here from Cole Valley p Y .. Christian School with his kids and, Matt, if you would come up and Join me. You should have co ies of this a reement already signed by -- signed by Cole Valley Christian p g School re resentatives for your review. I do have some highlights on the overhead for p ou to °ust o -- hit some of the high points. In this agreement what the city would be Y J g rovidin to Cole Valley is priority use of the Settlers Park football field, which they -- p 9 . the have been us~n . We would provide three service calls on their basketball hoop Y g . motors because the have the motors that raise up and down in that -- in that facility Y and our limits on our res onsibility for cost would be approximately 400 dollars in lift p rentals and then, u to 600 dollars in repairs. For comparison we currently pay, based p on 25 dollars a ni ht, about 2,000 dollars to -- to that, so this would represent a cost g savin s to the cit . We would also be providing some paper products to them for -- to g Y re lace those that our patrons use. Cole Valley Christian would provide to us priority p use of their mnasium for our spring and fall volleyball and basketball seasons. They gY ~. would be res onsible for any of the repair costs that exceed the 600 dollars noted p above and if -- of course, major replacements they would also be responsible for. Now, Meridian City Council March 22, 2011 Page 12 of 30 .~. we propose that this is a win-win proposal for both the city and to Cole Valley. The city benefits by saving money in exchange for providing services, which we have some expertise in our maintenance crew in and we receive priorities of the gymnasium, which is a big big deal for us these days with the limited gym space available and the growth that we have seen in our programs. Cole Valley benefits by securing the needed services they have for servicing those hoop motors and securing that priority use of the Settlers football field. With that I would like to turn just a moment over to Mr. Begliner to make a few comments on behalf of Cole Valley. Begliner: Hello, Madam Mayor and Council Members. Thanks for having me here tonight. I just wanted to share what the use of the football field has meant to us. We don't have a field and so trying to run a football program without a home field is pretty challenging and we are on the paying end with all of our home games, we pay a fair amount of money to Meridian High School and Rocky Mountain once last year. So, having a park that we can kind of call home has been really -- I'm not sure we could have actually kept our program going without it. So, really want to express my appreciation to these guys. Garrett has been great to work with and really flexible. So, I just want to from Cole Valley thank you to what you guys have provided so far and just little a bit about the agreement. We met several times trying to kind of hash out -- you know, nobody is trying to pull one over on each at all, so we kind of just talked through, you know, there is the cost of gym time. When we go over to home court we pay 75 an hour for two courts and that's a very real cost to us and, like I said, we pay for the .---~. football fields and we feel like our gym is a resource that we want to use it and have it be used, so we kind of had this conversation -- I mean are there ways that you guys maybe have resources that can help us and that was a big one for us is when one of those hoops gets stuck or motor goes out, we kind of scramble and have a hard time sometimes finding somebody to come out in a timely manner, so that's how we came up with this and we both think it's fairly awin-win, like you said, so --well, thanks. Siddoway: You know, I have got to say if we were to pay the 75 dollars an hour that is paid for -- at Home Court Y, this agreement would save us over 17,000 dollars a year. That's a big big deal for us with the time that we use. And I just invite -- I want to acknowledge Garrett, he's put a lot of work into this, and Emily Kane over the last year in working this out with Cole Valley and, you know, I'd like to give Garrett just a moment to talk about what that gym time means to us as a city. White: Madam Mayor, Council, thanks for having us. Right now we currently have 140 volleyball teams throughout the year. That's from winter and the spring leagues. We average about a thousand games just for the volleyball. We, obviously, use the school district besides that and Cole Valley as a partner is just a huge help and the fact that, you know, obviously, it's a cost savings to us in having Home Court Y costs or other locations. To me it's awin-win and makes it easy on scheduling. A lot of the teams really do request Cole Valley, considering it's a great facility. I'm sure most of you guys have been there or driven by there. It's a great spot to play. So, I -- you know, this ,~, agreement is a big benefit to me as well in scheduling, so --thanks. Meridian City Council March 22, 2011 Page 13 of 30 ~~"'~. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Well, I can say when the -- your school broke ground on those facilities they wanted it to be a community asset and they felt very much a part of our downtown. We certainly have appreciated our partnership with Cole Valley in a number of different ways and this looks like a win for both entities, the city and the community as a whole, as well as Cole Valley in that ongoing partnership that we have together. White: I would agree. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the agreement between Cole Valley School and the City of Meridian and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second. Any 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. De Weerd: Thank you, Matt. And thank you, Steve and Garrett. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: TEC 11-001 Crossfield Subdivision by Pride, LLC Located Southwest Corner of N. Venable Lane and W. Ustick Road Request: Time Extension Approval on the Preliminary Plat De Weerd: Item 8-A is a public hearing on TEC 11-001. I will open this public hearing .~ with staff comments. Meridian City Council March 22, 2011 Page 14 of 30 ~, Canning: Thank you, Madam Mayor. This is a time extension and it is for Crossfield Subdivision, which, as you know, is located off of Ustick Road near Venable, and this time extension is for the remaining portion of the preliminary plat. So, this is phase four and it consists of 5.83 acres, currently zoned TN-R, Traditional Neighborhood Residential, and it's located on the southwest corner of Ustick Road and Venable Lane. The applicant requests approval of the time extension on the preliminary plat in order to obtain the city engineer's signature on the final plat for the fourth and final phase of Crossfield Subdivision. The final plat consists of just one building lot and one common lot and it's already been improved by City Council, but has not yet been signed by the city engineer. Staff is recommending approval of the time extension to expire on March 28th, 2013., and we have written testimony from Sheri Stiles, the applicant's re resentative, stating that they are in agreement with the staff report and to our p knowledge there are no outstanding issues before Gity Council. De Weerd: Thank you. Does the applicant have any comment? Thank you. Council, any questions? Bird: I have none. De Weerd: If there are no questions, this is a public hearing. Is there any member of the public who would like to provide testimony on this item? Seeing none -- ,~, Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing -- Rountree: Second. Bird: -- on TEC 11-001. Rountree: Second again. 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. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 11-001. Rountree: Second. Meridian City Council March 22, 2011 Page 15 of 30 De Weerd: I have a motion and a second to approve Item 8-A. 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: Mayor's Youth Advisory Council MYAC) Update De Weerd: Item 9-A under the Mayor's office, we have with us tonight Eli Nary, who will give us our Mayor's Youth Advisory Council update. Thank you for joining us. E. Nary: Madam Mayor, Members of the Council, thank you as well. I love doing the MYAC updates. I love doing it at the beginning of the year and, then, coming back towards the end, because at the beginning of the year we are just bursting with ideas and we have, you know, 50 plus kids and by this time we have a good 30. We have a ,~ good 35. But of that 30 or 35, I find so much more promise in that number, because of that 50 we have a whole bunch of people who want to be involved in their community. We have got 30 -- we have 30 people who are leaders in their community. So, those people that stayed they really grow and that's an exciting experience. I love being here at the end of the year, because at the beginning there is always at least a couple kids where you look at them and you go this person is going to be here for a month, maybe a little bit longer, and, then, they are not going to come back and every year there is at least one kid --and this year we had plenty -- who come back and they come back and they come back until the point where they are integral in the Mayor's Youth Advisory Council. If MYAC was a machine they wouldn't function without those people and I find that just such an exhilarating experience and so this year we really have 30 leaders every other Monday and that's -- that's I think a really great thing in our community. At our upcoming events we have -- we have three really important upcoming events. One of them being this Friday Teen Activities Council will be having -- they will be having kids go the Stealheads game. We have purchase some tickets and, then, also we have tickets donated. So, it's just another great aspect of the Teen Activities Council to get kids off the street in a fun and positive environment. Then, we also have our MYAC dinner auction this Thursday at Renaissance High School and we have about ten seats left, so if anyone would like to buy tickets, it's --they are going quick and I would like to thank Councilman Hoaglun and Councilman Rountree for purchasing tickets. It's always a great help to see your support and for being there. It's -- I mean it just adds such a -- such apositive -- it just adds another positive element to MYAC and ,~., everything to see the support of the Council. And, finally, we also had Smoke Free Parks on May 14th. That will be our launch date for all the kind of things that we are Meridian City Council March 22, 2011 Page 16 of 30 trying to do within the community and, anyways, I would just like to thank you again for everything you do and thank you for everything that we get to do because of you and all the support that we get. Thank you and if there is any questions I open myself up. De Weerd: Thank you, Eli. Council, any questions? Rountree: Madam Mayor, no questions, but, Eli, like you I really enjoy the first of the year and the end of the year and particularly with MYAC and you being here. You are a shinning light. E.Nary: Thank you. Bird: And I would second that, Madam Mayor. E.Nary: Thank you. Bird: Thanks, Eli. De Weerd: Any other questions from the two Councilmen who are not yet RSVP'd for the dinner on Thursday? Bird: Oh, I'd love to go, but I got a wife that's in the hospital and I'm not going to be .~ going. De Weerd: Well, that's even more of a reason. Who is going to make you dinner? Bird: You're looking at him. Nary: Madam Mayor, part of the question is is Mrs. Rountree going. That's probably the more critical. De Weerd: Mrs. Rountree is going. Anyway, he has bought two tickets. Rountree: On her credit card. Zaremba: Madam Mayor? De Weerd: As is Mr. de Weerd and his credit card. Mr. Zaremba. Zaremba: Like last year, I do plan to buy a ticket and donate it for somebody else to use if they wish. E. Nary: Thank you. ~. Zaremba: Haven't done it yet, you're reminding me I need to do it. I'll see Luke. Meridian City Council March 22, 2011 Page 17 of 30 .~. De Weerd; Thank you. E.Nary; Thank you all again and I can't wait for next time. B. Mayor's Office: Resolution No. ; A Resolution of the Mayor and City Council of the City of Meridian Reappointing Keith Bird to Seat 6 and Julie Pipal to Seat 2 of the Meridian Development Corporation De Weerd: We appreciate you being here tonight, Eli. Okay. Item 9-B is also the Mayor's office. You have in front of you, Council, resolution 11-777. This resolution is for reappointing Keith Bird to Seat 6 and Julie Pipal to Seat 2 of the Meridian Development Corporation. I would stand for any questions on these reappointments. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve resolution 11-777. Hoaglun: Second. ,~ De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Clerk's OfficelPlanning DepartmentJoint Report: Request for Fee Waiver for a Conditional Use Permit SCUP) by Divine Wine Located at 2310 Overland Road, Suite 105 De Weerd: 9-C is the Clerk's Office and Planning Department joint report and so I will turn this over to Anna. Canning: Madam Mayor, Members of the Council, similar to the fee waiver request we had a couple weeks ago, Divine Wine is requesting that you waive the fee for the Conditional Use Permit, so that we may sign the beer and wine license for them and, then, as Council directed last week, I will hold those applications with the applicant's permission. I have talked to Divine Wine about the next step. I haven't talked to New Vintage yet, but I'm sure they will be fine with it. But I will hold those applications until .~.~ we can get a next amendment done and, then, we will move forward from there. But Meridian City Council March 22, 2011 Page 18 of 30 ~ the first step in the process is getting the application complete and filled out so that I can sign the beer and wine. So, we do ask that you waive that fee toni ht. 9 Bird: Okay. De Weed: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we waive the fees for the Conditional Use Permit for Divine Wines. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will ou call Y roll on Item 9-C. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Planning Department: Eagle Road Safety Improvements Request Letter to the Idaho Transportation Department (ITD~ De Weerd: Item 9-D was asked to continue this Item to the April 5th meeting, so we will just put it on that agenda. E. Planning Department: Budget Amendmentfor Spending Authority of the Community Development Block Grant (CDBG) PY2010 Award in the Amount of $274,368.00 De Weerd: So, Item 9-E is our planning department with a budget amendment regarding our Community Development Block Grant. Canning: Madam Mayor, every year our funds for the Community Development Block Grant come in after our official budget process, so every year we do a budget amendment -- or a funding -- what exactly are they called again? Amendment for spending authority to add this to the -- our current budget. So, the budget amendment is in the amount of 274,368 dollars and it's for the current CDBG program year, which is program year 2010, which lasts from October 1st, 2010, through September 30th, 2011. Meridian City Council March 22, 2011 Page 19 of 30 ' for the Con ressional release of funds in ~. And that is the amount the city received g November 2010. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. rove the bud et amendment for spending of the 274,368 Rountree. I move that we app g dollar CB -- Bird: Second. Rountree: -- CDBG grant monies. Zaremba: Second. ' motion and a second to a prove Item 9-3. Madam Clerk, roll call. De Weerd . I have a p Roll-Call: Bird, ea; Rountree, yea; Zaremba, yea; Hoaglun, yea. ~, y De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Police De artment: Meridian Spice Ordinance Status Following F. p Desi nation of S ice as a Controlled Substance Under Idaho 9 p Code m 9-F is our Police De artment report and a follow up after the state De Weerd. Ite p assed the statewide le islation. Tracy or Bill, are you taking this? p g tuall the chief is ri ht outside and he was going to speak to this, Basterrechea. Ac y, g so -- De Weerd: Okay. Basterrechea: So, he should be just a minute. De Weerd: Very good. Basterrechea: We will wait with bated breath. Meridian City Council March 22, 2011 Page 20 of 30 . ion for De ut Chief Johnson, from our Fire ,~ Hoa lun. Madam Mayor, I have a quest p Y g ~ over b Ea le and Ustick? Was that a De artment. Was there a residence fire today Y g p serious one or not so much? i I serious fire. It a peared to have started in a dryer, Johnson. It, actually, was a fa ry p , room throu h the kitchen. Unfortunately, I wasn t extended out through the laundry g ' nother event so one of the other chiefs got to go and come able to go, I was tied up on a , into our next meeting smelling like smoke, so -- ' -- ' was noted in the news media that there was a fire and Hoaglun. Okay. I dust it ' tin that the would note that, so I didn t know how -- the extent thought that was interes g y of the damage, if it was serious. ' w for sure. I was lookin through my report to see if they had put a Johnson. I don t kno 9 damage estimate and they don't have one in yet. Hoaglun: It wasn't a false alarm. o. He smelled like smoke when he came in. Okay. Council, I'm going to De Weerd. N call a five minute recess. (Recess: 7:50 p.m. to 7:57 p.m.} Oka . We will call the meeting back to order and we are on 9-F. I'!I turn De Weerd y this over to the chief. • dam Ma or Council, before I get started on my agenda item, I'd just like to Lavey. Ma y , or. If ou notice toda in the Idaho Statesman on the front page and on thank the May y Y e of the Life section, there was two stories about the Mayor sAnti-drug the front pag ' ' I 'ust wanted to thank her for that vision that he had when she first took Coalition and j ' a or and for the success that we have had over the last eight years on that office as M y nd it made a lot of citizens proud. It's not just the Mayor, it's not just the program a ' rtment it's a lot of citizen volunteers and a lot of faith groups and Police Depa and schools that make that all happen and it just kind of reenergized counselors to see the ood thin s that we do today. So, with that being said I just want everybody g g to say thank you and congratulations. De Weerd: Thank you. • Movin into the next item, it has to do with drugs. If you recall several months Lavey. g a o I was in front of ou speaking on the local ordinance for Spice and as we were g Y ' the -- the law o throu h the legislature and also through the federal watching g 9 ment a lot of thin s ha ened. They enacted an emergency clause and the govern g pp I overnment actual) enacted and emergency clause through the DEA, but they federa g Y . ' II after Meridian had alread set it into law and one of the things that we talked did that a Y was havin that law sunset upon it becoming an official state law. A couple about g Meridian City Council March 22, 2011 Page 21 of 30 ' en us at the overnor's office signing the bill into law. It ~~ weeks ago you might have se g w become a state law. Not onl for Spice, but also for the basalts that I think I has no Y mi ht have mentioned also that were -- we were monitoring. So, we had a great year in g to 0 the le islature and now it comes time to allow that to -- local ordnance to sunset, g g ~ is the awa .However we would like to delay that for approximately six months and this Y sonin behind that. U on recommendation from the Boise city prosecutor who rea g p . r secutes Meridian cases, we would like to get all cases adjudicated through the po em under that law before it sunsets. They estimate about three, four, maybe five syst n hs de endin on the case. The have an incident tracker that actually can track mot , p g Y . the cases. As soon as eve case is adjudicated under the local ordinance, I will come rY back in front of ou and we can allow this to sunset and close and use just the state Y . rdinance. A ractice in the Police Department is to use the state law, not the local o p .. . r finance now on this law and mainly that comes down to fail housing and cost and od such. So, with that being said I stand for any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: I would like to note that Officer Hurst was one of the people who testified both at the House and Senate on both the Spice and basalt legislation and it was his uttin a ersonal face to the issue that our communities are facing. It had a real p 9 p owerful im act. I would also sa that the state legislation that was passed took a lot of ~ p p y the same com onents that we band through our local ordinance and they expanded on p that. So the looked at that family of that particular compound, so that, in fact, that Y nation is takin notice of what Idaho did in being able to really identify those different 9 in redients so the can't keep coming back with different forms of it, it really does have g ~ Y .. a much lar er im act. So, I'm pretty proud of our Meridian Police Department and their 9 p involvement in settin statewide policy that addressed some pretty serious drugs that g we were findin in our community that were facing both our youth and our adults. So, g congratulations toyou as well, so -- Lavey: Thank you. De Weerd: Council, any questions? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would 'ust comment that that sounds like a good plan to me, that 1 intervenin tickets be written on the state law and that you come back and tell us when g ~, all of our current cases are done and we sunset it at that time. Do we need a -- any kind of a motion to say don't sunset now? Did we put that into the ordinance? Meridian City Council March 22, 2011 Page 22 of 30 ers of the Council, in the ordinance it said we would sunset Nary. Madam Mayor, Memb ' I it. So until we brin it back to repeal its still valid on the it, but we still have to repea 9 books. Zaremba: Okay. All right. Thank you. De Weerd: Okay. Thank you. Thank you, chief. Police De artment: Second Precious Metal Discussion G. p Lavey: I think I have the next item, too. De Weerd: Yes, you do. ?Madam Ma or Council, on the last item I think in front of us is Lavey. How lucky am I y , recall sometime toward the end of February I came in front of precious metals. As you ' I cal ordinance dealin with the purchasing of precious metals, Council discussing a o g ' and we had a discussion of -- of what that law would look like mainly gold and silver, ' me to o back and address a couple issues. One was the --the time and Council asked g e held. One was to make contact with the local businesses and frame that they would b ' then I also believe we had a discussion on whether it should be see their reaction and, , ' individual license and I'm here to address all of those today and ,~ a single license or an ' ns that Council mi ht have. The new proposal in front of you has a ten any other questio 9 -- the ten da s. We on finally proposed 21 days. As you recall, day proposal holding y g , ' m a I believe Chubbak, all have ten days. So, we -- thats where we Boise city, Na p , ' a s. None of the businesses that we talked to had any problems come up with tend y ' orter is better. It should also be noted that Boise currently finds that with 21 days, but sh ' enou hand that the are going to go in front of Council and request ten days is not long g Y it's whatever Council wants. Somewhere between ten and 21 is 21 days. So, really, 'ke to see. The second issue when I was in front of you was whether what we would li ' nse the business or license the person and I was thinking at first license we should lice ' then when I went back and did some research currently under the the business, but, . , had each erson workin those pawn shops be Incensed and I think it s pawn shops we p g ' he same with the recious metals, but really what we are looking for only fair thatwe do t p ' ment those eo le that actually have a criminal history that involve is the criminal ele p p and that sort of thin ,are really not the people thatwe want purchasing -- theft, robbery, g . . ' 'ewel and such and that is really why it goes to the individual. We or buying back this ~ ry ale itimate business owner that would have no record. He would would actually have g nless he is back roundin his employees himself, has no idea what come back and u g g his em to ees are haven . So, really, in essence, he s getting a free sort of background p y g if he re uires his em to ees to pay the fingerprinting. So, we leave it as background q p Y ' ' ' ne of the thin s that we talked about with the business owners is they the individual. 0 g ' ose who the have licensed. So, it's not like they have to take -- if they can pick and cho y I ees the have to have all ten employees licensed, they could just have .,,..~ have ten emp oy y m to ees and this is the time frames that we buy it or -- example at Lee a number of e p y Meridian City Council March 22, 2011 Page 23 of 30 rte, Read they actually have a jeweler that's there -- sometimes he's there, sometimes he's not. They say, well, he's here between these hours and this hours, come back at noon or whatever and we can -- we can do that. It would be the same thing with the precious metals is we can't buy that back right now, but if you come back at 3:00 o'clock we could. We also talked about not license -- or, excuse me, not charging a fee for the license for the first year until everybody gets to -- use to it. One thing that I pointed out to Emily with the prosecutor's office, though, is if this is a new business they would have to -- I believe it's 29 or 39 dollars -- a fee to the state for fingerprint checks. So, that would not be going to the city, it actually would be going to the state. But, in essence, it's not really free, the state would -- I mean the city wouldn't be bringing in any money. The other thing is is the pawn shops have -- said, well, we already do all of this, why do we have to do everything else and, really, they don't, they would just have to come in and say we would like to have a license to do this, this, this and this and it's the same background. So, there is not any additional fees unless we pose some sort of -- I think we talked about ten dollar license in the future. So, it's little impact to them. The --each individual business was contacted and their reaction to it was pretty accepting. A lot of the pawn -- one of the things that we found out is there is a distinct difference between pawn shops and precious metal dealers. You do not want to call them one and the same. They are individuals. And so we have pawn shops, we have precious metals independent shops and, then, we have the jewelry stores in town and we talked to everyone and if you have a question of -- of what an individual person said I can tell you, but the biggest resistance we had was one person said that I have dial-up Internet ,~ connection in my business and it will take me forever to load the pictures and I said that's a personal choice. You can still do it, it's just a matter of convenience. Do you want something fast or do you want something slower. But it's not that they couldn't do it, it would just be an impact to them. Everybody else didn't seem to have a problem. The pawn shops says we already do it for everything, what's another --what's --there is no issue doing it for this item as well, so --and, then, one business --one of the jewelry stores says we don't even buy metal back, so it doesn't affect us at all. We have other people say that they have some people that trade in jewelry once in awhile and have them build custom pieces and they were just asking about how that sort of scenario would work. The one place that we didn't get a response from was the Money Tree, is after I gave the proposal to Council, Money Tree had actually sent us a letter saying, hey, we are thinking about buying -- or thinking about doing this. We understand you have no ordinance on it. Is that the case? Let us know. And we actually went to the Money Tree here locally, they didn't have any idea what we were talking about. They said it probably came out of corporate. We sent a response back to corporate and we have not heard a response back. So, I can't tell you what --what Money Tree's reaction is. A couple things I have flagged here just to make sure I covered it with Council. We did include bullion and bars at the request of people. We changed the time frame to ten days -- holding period for ten days. And, then, there is one other change here. Allow any person and his or her employee to conduct a regulated transition where such employee does not meet the qualifications of this chapter, it talks about a prohibited act that was included. And I will defer to Mr. Nary to see if we actually -- right as he's ,~.~., coughing -- if we've covered all of the questions Council had and, then, I will also open it to Council for additional. Meridian City Council March 22, 2011 Page 24 of 30 De Weerd: Mr. Nary, any additional comments? Nary: Excuse me. Madam Mayor, Members of the Council, I'm looking at -- Mrs. Kane has been working with the Police Department on this project and I think the chief has covered all the issues that I think we had on our list, so I think those are all the concerns. I think -- like the chief said, I think Boise city is looking at some other changes, but they would probably be more regulatory than what we are proposing, but I think right now we think this would meet the needs that we see in our community and, like he said, I think the Money Tree is the only one we haven't heard back from, but I think it's a new avenue for them, so I'm not sure how significant it is. We did receive one letter today. I don't know that the chiefs seen it. Lavey: I have it right here. I was going to address it, too. Nary: Okay. And we haven't had an opportunity to discuss that and see if that's an issue of legitimate concern or whether that's something that our ordinance won't really address. De Weerd: Okay. Rountree: Madam Mayor? De Weerd : M r. Rountree. Rountree: Chief, you brought up one scenario and you just kind of left us hanging and that was the scenario of people bringing in existing jewelry and having it recrafted into another piece and how is that to be handled? The same way or is that going to not fall under this ordinance, because I know that happens from personal experience. Lavey: Yeah. Right now that would be if they actually brought it in and actually were just going to have it recrafted, I do not believe it falls under this ordinance. If they are, actually, going to melt it down and trade it in and get a whole new piece, I, then, do believe it does cover --the ordinance does cover that. So, if you already own it and you just have some modifications to it, this law does not fit. Rountree: I guess my question is how extensive are modifications, because typically if you're modifying a piece of jewelry it will require recasting either all of it or a major portion of it. Lavey: You know, I guess it comes down to it's a judgment call that you're going to have to make and is it -- is it worth it, is it suspicious -- I mean it's one of the things that business owner is going to have to sit there and say I have been dealing with this person for 25 years, I know who they are, versus I don't have a clue who this person is ,.-~, off the street, this is suspicious, maybe I better take a picture and do this. I don't foresee us actually going after someone and saying you didn't do this, we are really Meridian City Council March 22, 2411 Page 25 of 30 ' art of the investi ators and on the part of oin to have to use some discretion on the p g ,~. g 9 the business of owners. DeWeerd: Mr. Hoaglun. ' n the time frame. You know, one of the concerns is, Hoaglun. Just a question, chief, o , . recious metals commodities, gold, silver particularly, you know, when we talk about p . ' II ou know if the bu it is there a quick turnaround time you know, the thinking is, we , y Y Y , ' ~ -- the time frame didn t make a difference to any of and you indicated that there was ? ' welers versus recious metal dealers versus the pawn shops. them, whether they are je p ' ~ we had is that the were good with up to 21 days. It really Laney: The information that Y ' he norm in the Indust and you're seeing a lot of that be 21 days now. goes with what s t ry e tin of that. What we thought was that since everybody else was So, they were acc p g k ' we mi ht as well t ten days and if that doesn't work we can always as doing ten days, g rY for a modification. So, trying to do as less as possible. ' Madam Ma or and chief, the next question I had was is that ten day Hoaglun. I guess, Y ' -- is it like) ou're oin to come back -- I mean we haven't --don't have period enough y y g 9 . ' et so it's hard to tell until ou get out there, but considering that Boise is this ordinance y Y , ' a s now does that make ou think that maybe -- since people arent looking at 21 d y Y , ' bi concern was the businesses, if they had a hardship with it, I didn t opposed to it, my g ' se somethin on them that was a hardship if we could do it in a shorter ,.~,, want to impo g ' frame but if the are used to dealing with things that way does that give you a time Y better window to find folks who aren't doing things the right way? ' the -- Madam Ma or, Councilman Hoaglun, longer is always better for us, Laney. Well, Y 'have an idea what's oin to come our way to sit there and say how busy but we dont y g g -- this week and we are already missing some of this stuff now, so the time are we that ' ' m u and ten da s is ast, then, they would just release it if we didn't frame, if it ca e p Y p ' ke t -- if we ke t findin that we were missing, then, that's when we'd catch it. If we p p g back to ou. I real) don't see it being a problem. I think ten days is what have to come y Y with the awn sho s. So, we are fine with that. I guess we are looking at it we do now p p no da s now so ten da s is a major improvement. A thousand percent as we have y Y improvement. Hoaglun: Okay. Thank you. Lavey: That's where we are at. Hoaglun: Okay. I mean we would like Ion er, but we also recognize that we have to find a Laney. g compromise, too. DeWeerd: Okay. Mr. Zaremba? Meridian City Council March 22, 2011 Page 26 of 30 ~. uld 'ust acknowled a for the record that we have all Zaremba. Madam Mayor, I wo ~ g . , nt from a Mr. Jack H. Stewart of Meridian and that that letter received a letter of comme is in the public record. ' a comment -- concern about, you know, his privacy, if De Weerd. Yes. Chief, he raises II. It's the identi of individual transactions is not part of he chooses to purchase or se fY this, is it? r the identification is taken at the time and a photograph Lavey. Actually, Madam Mayo , ' so if it does come back stolen you have an identity that we can of the item is taken, , ' t we do ri ht now with the pawn shops is anything thats track back. Likewise, wha g o ID -- overnment ID has to be presented and, then, the pawned and an actual phot g ' tion down. So if we find something stolen, that's a lead that shop will take that informa , k to. We don't ublicize it, it's not public information, but the business we can come bac p lice de artment would actually see that, yes. I believe this letter is owner and the po p ' know more overnment into private lives and I respect that really dust kind of, you g ' ' hin was on the u and up there would be no reason to be opinion, but if everyt g p concerned at all. ' Well Madam Ma or, Members of the Council, the way I read the letter -- Nary. Y ,~ De Weerd: More on the purchase. Nary: --that he's talking about purchasing. De Weerd: Yes. ouldn't be -- that's not what this ordinance would impact. So, if it's just Nary. And that w he entleman raised in the letter of purchasing precious metals, that's the concern that t g . ' 'ust the sale of the recious metals to the -- to the store. So, I think not an issue. Its ~ p ' 'ff rent thin s because he does talk about pawn brokers and such and he there is two di e g , ' rtainl an avenue for folks, but if it's just a purchase concern, that's not thinks that s ce y an issue. De Weerd : Right. nd then we would not -- Madam Mayor, we would not have information on Lavey. A , he sho owner would have the information possibly, but any purchase we that. T p ' e an information nor would it be required to put it into the Leads Online wouldnt hav y , thin else. So I misread this, because he's actually selling his annuities system or any g , ' the silver and in that articular case this scenario would not even apply and purchasing p to the current ordinance or policy. I n: Actual) Madam Ma or and chief, under this proposed ordinance if he was a .~,, Hoag u y, Y . , ' bur la this actual) would help him if -- if we had the waiting period and we victim of a g ry Y Meridian City Council March 22, 2011 Page 27 of 30 • ~ ~ e item that was sold, it's a potential that this .~ had distinguishing marks or whatever on th ordinance could help him recovery his stolen goods. ' dam Ma or Councilman Hoaglun, that is true, is if, unfortunately,if Lavey: That is -- Ma y , larized and the thief had actually taken that either to a pawn shop or to a he was burg ' I business that we are ro osing, then, there is a higher likelihood that we precious meta p p may recover his property under this ordinance. De Weerd: okay. Council, any further questions? Bird: I have none. De Weerd: What is your pleasure on moving this forward? • Ma or I would like to see us move forward with explanations Jeffs Rountree. Madam y , ' I think he's covered our concerns and let's get it before us for approval. given us. Bird: Second. De Weerd: I don't need a motion, but -- Bird: I second it. De Weerd: You agree. Bird: I agree. De Weerd: So -- Zaremba: Madam Mayor, I join in the consensus. : Well that's reat. So, what kind of time frame are we looking at in bringing De Weerd g this back for Council's consideration to adopt? Lavey: April. Madam Ma or Members of the Council, what you have done in the past is you Nary. y , ' n for a first readin in case there is an opportunity for additional comment put it o g ' r. Stewart. We could certain) -- either the police department or my office besides M Y . act him to see if we can address his concerns. We would usually put it on for could cont ' readin once and, then, a second and third reading on the second week, so a single g ' an o ortunit for eo le to comment. So, we could put it on for the 5th and, there is pp Y p p then, the 19th for approval. Lavey: That works for the Police Department. Meridian City Council March 22, 2011 Page 28 of 30 ,~, De Weerd: Okay. Bird: Okay. Let's do her. d. Well that's how we will proceed, then. Thank you, chief. De Weerd. Well, very goo , Lavey: Thank you. Item 10: Future Meeting Topics .Item No. 10. An future meeting topics that need to be put on future De Weerd . 0 kay Y agendas? Holman: Madam Mayor, I have none. De Weerd: Okay. Mr. Nary? N :Madam Ma or Members of the Council, no, just so all the Council can hear, a ary Y . entlemen here was writin ou a letter regarding Boise city taxi. We had a meeting g gY with m staff m self, and the clerk's office and the police department to try and today y Y i nti a number of different issues. What I told Mr. McCurdy is that -- oh. And de fy . Plannin .And Plannin staff. That's right. And trying to identify both the issues, the g g •-~ concerns that the cit would have on enforcement and how we would accomplish that. Y . We haven't been able to -- we had one meeting, we left it with some direction of things to do. Our tar et was either the April or May workshop. Because of having off next 9 week and t in to make sure we also meet with some of the taxi cab vendors before rY 9 we come back to ou with a recommendation, it would probably be the May workshop Y , and he was fine with that. I have his number, we can get in touch with him. So, that s our tar et now. So, that's the only meeting topic and I will totally apologize to Mrs. g Canning for forgetting she was there, so -- De Weerd: I'm sure you didn't forget. Bird: I was going to say, you couldn't have forgot that. De Weerd: Yeah. Any anything from Council? Bird: I have none. Item 11: Executive Session: Idaho State Code 67-2345(110 De Weerd: Hearin none we do have an Item 11, which is an Executive Session per 9 Idaho State Code under Item (1)(f). Hoaglun: Madam Mayor? Meridian City Council March 22, 2011 Page 29 of 30 DeWeerd: Mr. Hoaglun. ~, Hoaglun: I move we adjourn into Executive Session per Idaho State Code 67- 2345(1)(f}. Bird: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. DeWeerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:21 p.m. to 8:43 p.m.) Hoaglun: Move to adjourn the Executive Session. Rountree: Second. De Weerd: Motion and a second to adjourn the Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. Rountree: Move to adjourn the meeting. Zaremba: Second. DeWeerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) .,t1r 111,, ~ ./ MAYO AM MY De W ~ ~~ Ml~R1 ~''~%, 0~ , T 'y ~, `~ Fa .. AT T' A A E~ :~ ~ :- ~ o ,~ .. .. ~ ,~~ .. 9~ sr i~~ , eq~: ~,lr/ .~ `a t`~~~ ~~i ~~~Y ~ ~~~ ~~~~~1~~,~~„~~t~~~~~~~ ~_ DATE APPROVED OLMAN, CITY CLERK