HomeMy WebLinkAbout2011-07-19E IDIAN:-
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CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, July 19, 2011 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 (Pg. 1)
3. Community Invocation by Larry Woodward with Ten Mile Christian
Church (Pg. 1-2)
4. Adoption of the Agenda Adopted (Pg. 2)
5. Consent Agenda Approved (Pg. 2-3)
A. Approve Minutes of July 5, 2011 City Council Regular Meeting
B. Approve Minutes of July 6, 2011 City Council Budget
Workshop
C. Approve Minutes of July 7, 2011 City Council Budget
Workshop
D. Approval of New Beer and Wine License Application for Black
Mor LLC dba Wahooz Family Fun Zone; located at 400 W.
Overland Rd.
E. Addendum to Development Agreement for Approval: MDA 11-
003 Meridian Vision by Kevin McElroy Located at Northeast
Corner of N. Meridian Road and E. Carmel Drive Request:
Amend the Existing Development Agreement (Instrument No.
107067262) to Include a New Site Plan and New Elevations
6. Community Items/Presentations
Meridian City Council Meeting Agenda -Tuesday, July 19, 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.
A. Police Department: Swearing in of New Police Officers
(Pg. 3-5)
7. Action Items
A. Continued from June 21, 2011: Public Hearing: ZOA 11-002
Unified Development Code (UDC) Text Amendment by City of
Meridian Public Works Department Request: Amend the Surety
Section, UDC 11-5C to Include Clarifications, Increase Surety
Amounts and to Provide for Bonds as a Form of Surety
Approved (Pg. 6-9)
B. Continued from July 12, 2011: Public Comment: Ordinance
No. 11-1485: An Ordinance of the City of Meridian, Enacting a
New Section, Title 8, Chapter 6, Section 2, Relating to
Performance and Warranty Surety for Public Infrastructure
(Third Reading) Approved (Pg. 9)
C. Public Hearing: PP 11-001 Avendale Subdivision by Silver
Oaks Apartments, LLC Located North of W. Franklin Road and
West of N. Ten Mile Road Request: Preliminary Plat Approval
Consisting of Six (6) Multi-Family Building Lots and Six (6)
Common/Other Lots on 24.61 Acres of Land Approved
(Pg. 9-12)
D. VAC 11-002 Jayker Right-of-Way (ROW) by SWG Brighton, LLC
Located North Side of W. Greenspire Drive; Midway Between
N. Tree Haven Way and N. Moon Drummer Way Request:
Vacate a Portion of Right-of-Way (751 Square Feet) Platted
with Jayker Subdivision No. 1 Approved (Pg. 12-13)
E. FP 11-006 Spurwing Grove by SWG Brighton, LLC Located
North Side of W. Greenspire Drive; Midway Between N. Tree
Haven Way and N. Moon Drummer Way Request: Final Plat
Approval for Three (3) Residential Building Lots and one (1)
Common Lot on 0.80 Acres in an R-8 Zoning District Approved
(Pg. 14-15)
8. Department Reports
A. Mayor's Office: Community Liaison Update (Pg. 15-19)
Meridian City Council Meeting Agenda -Tuesday, July 19, 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 priorlto the public meeting.
~i
B. Planning Department & Clerks Office: Request for Waiver of
an Accessory Use Permit (AUP) Fee from Ginnie M. Konarik
Vacated (Pg. 19)
C. Police Department Report: Precious Metal Dealers Task Force
Report and Proposed Draft Ordinance (Pg. 19-28)
D. Planning Department: Central Valley Expressway Project
Letter (Pg. 28-31)
9. Ordinances
A. Ordinance No. 11-1486: An Ordinance of the City of Meridian
Amending Title 8, Chapter 6, Section 2, to a New Number Title
8, Section 6, Chapter 5 Relating to Agreements for
Infrastructure Enhancements; and Providing an Effective Date
Approved (Pg. 31-32)
10. Other Items
A. Executive Session Per Idaho State Code 67-2345(1)(f): To
Consider and Advise Its Legal Representatives in Pending
Litigation (Pg. 32-33)
Into Executive Session at 8:35 p.m.
Out of Executive Session at 11:17 p.m.
11. Future Meeting Topics (Pg. 33-35)
Adjourned at 11:25 p.m.
Meridian City Council Meeting Agenda -Tuesday, July 19, 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.
Meridian City Council Meeting July 19, 2011
A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, July
19, 2011, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Bill Parsons,
Jeff Lavey, Bill Johnson, Warren Stewart, Luke Cavener, Robert Simison, 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: Thank you for waiting and we will just launch right into our regular meeting
and I'd like to start by welcoming all of you. For the record it is Tuesday, July 19th. It's
three minutes after 7:00. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard with Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. Is -- oh, there is Larry. Tonight we
will be led by Larry Woodard; he is with Ten Mile Christian Church. If you will all join us
in the community invocation or take this as a moment for time of reflection. Thank you
for joining us, Larry.
Woodard: Well, it's my pleasure and I always enjoy doing this. You're a good group
and your leadership has been excellent I think. Just one note and that is, you know, to
find out that now we are the second most popular place in the nation for recent retirees
and that's going to bring a new change to our community.
De Weerd: Now where did you read that?
Meridian City Council
July 19, 2011
Page 2 of 35
Woodard: It was in a magazine here last week and I left it with Steve, I can retrieve it
and send it to you.
De Weerd: That would be excellent.
Woodard: I think there was a community in North Carolina that beat us
De Weerd: Oh, dang. Well, thank you for sharing that information and, again, thank
you for being here.
Woodard: Let's pray. Our Dear Heavenly Father, we invoke your presence again
tonight as our city leaders prepare to take up business of leading this our community.
We thank you for their contribution to our community. Bless them in everything that
they discuss tonight. May their decisions reflect sober and sound judgment. I also pray
tonight for the many city employees, especially our police tonight as they carry out much
of the day-to-day operations. May they be fair in their decisions, continue to make this
community a place where people are friendly and a place where families can raise their
children in safety, in Jesus' name, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you so much. Item No. 4 is adoption of the agenda
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple notes on tonight's agenda. Under Department Reports, 8-B, there is
a request to vacate from the agenda, since this issue has been resolved. So, if we will
take care of that. Also under 8-D, the -- under Department Reports, that department is
the Planning Department to talk about Central Valley Expressway project letter. Item 9,
Ordinances, 9-A, is Ordinance No. 11-1486. So, with those, Madam Mayor, I move
adoption of the agenda as amended.
Bird: 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 July 5, 2011 City Council Regular Meeting
B. Approve Minutes of July 6, 2011 City Council Budget
Meridian City Council
July 19, 2011
Page 3 of 35
Workshop
C. Approve Minutes of July 7, 2011 City Council Budget
Workshop
D. Approval of New Beer and Wine License Application for Black
Mor LLC dba Wahooz Family Fun Zone; located at 400 W.
Overland Rd.
E. Addendum to Development Agreement for Approval: MDA 11-
003 Meridian Vision by Kevin McElroy Located at Northeast
Corner of N. Meridian Road and E. Carmel Drive Request:
Amend the Existing Development Agreement (Instrument No.
107067262) to Include a New Site Plan and New Elevations
De Weerd: Item 5, Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: No changes on the Consent Agenda, I move approval of the Consent Agenda
and the Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. 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 6: Community Items/Presentations
A. Police Department: Swearing in of New Police Officers
De Weerd: Item No. 6 is -- I will turn this over to our chief and ask him to introduce this
item.
Lavey: Madam Mayor, Council, thank you for giving me the opportunity to speak today.
I'm used to going last, so going first is kind of nice. Although I do see that I'm last on
the docket again tonight, too. What I'd like to do today is something that we started a
few sessions ago is the introduction of new employees and, then, the swearing in of
those new employees and if you look in the back of the room I see a lot of family
Meridian City Council
July 19, 2011
Page 4 of 35
members present for that as well. So, it will be a good opportunity for picture taking, if
that's what we'd like to -- if that's what the family would like to do. But I would like to call
the three new officers present and maybe if they could stand over here. We will figure
out something. Trying to find the best place that Council can actually see them, but,
then, their families can actually see them and --
De Weerd: That's more important.
Lavey: The citizens. And the other thing is this is going to be formal, but informal,
which means that the family, if you need to come up here and take pictures, do it. This
is all about family today and we'd like for you to get that comfortable shot. But what I'd
like to do is just tell you a little bit about each of these individuals. As I have mentioned
before, we often hire lateral officers and all three of these gentlemen here today are
lateral officers and Brett Bateman is the first one and Brett comes to us from Canyon
County Sheriff's Office. Brett has actually worked for several years at Canyon county
and he saw Meridian and wanted to come here and went through the process and he
has been on the road for about two weeks. So, Brett, if you'd raise your hand so they
know who you are.
De Weerd: Hi, Brett.
Lavey: The -- and this is a test for me, because the order that they are standing over
there and the order I have on my -- on my list is different, so it's a real test, do I know
who they are. So, Kevin comes from EI Paso, Texas, and Kevin has an interesting story
that I probably can't share all of it, because he has family in the room, but I will tell you
that he closed on his house on about -- on Thursday, the 7th, and jumped in the moving
van and got up here about Saturday morning at 1:00 a.m. to Meridian, moved into a --
moved into an apartment and Monday morning showed up to work, did some
paperwork, and we threw him in a classroom and he was doing PT and arrest
techniques and everything else on day one. So, he's probably not had much time for
rest yet. So, Kevin, if you would raise your hand so they know who we are talking
about. Now, the last individual is -- we call him TJ, but his name is Tyler Cambron and
Tyler actually is unique, because he comes from two different agencies. He started his
law enforcement career in Gooding, Idaho, and after spending some time in Gooding he
hired on at Garden City and just recently, as of a couple weeks ago, he reported to
Meridian and has been training. So, the nice thing about it is that we wanted to start all
of them on the -- at the same day, but Kevin is about a week behind, because he was
still playing in that weather in EI Paso. So, I'd like to welcome all three of them and do a
formal swearing in. So, if they would -- all three officers raise their right hand and
repeat after me. I -- state your name. Do solemnly swear or affirm that I will support the
Constitution of the United States and the constitutional laws of the state of Idaho and
the laws and ordinances of City of Meridian; that I will abide by the law enforcement
code of ethics and the policies and procedures of the Meridian Police Department; that I
will obey all lawful orders and directives of those appointed over me and that I will, to
the best of my ability, faithfully discharge all the duties of police officer in and for the City
of Meridian, so help me God.
Meridian Cily Council
July 19, 2011
Page 5 of 35
(Repeated by the officers.)
Lavey: Congratulations, gentlemen. Madam Mayor, Council, I'd like to present the new
-- three newest police officers for the City of Meridian.
De Weerd: Welcome.
Rountree: Welcome, gentlemen.
De Weerd: Well, I know I will get a phone call from a neighboring mayor I'm sure and
probably a neighboring sheriff no doubt. But welcome and welcome to Meridian to our
Texas -- our newest Texas resident for -- Idaho resident from Texas. I'm sure the
weather here is much nicer.
Lavey: Not as humid. Did the families get the shots they wanted? Did you? Okay.
Because we can keep them here all day. They are on the clock. Congratulations.
De Weerd: Thank you for allowing us to be part of that. Any comment?
Hoaglun: Madam Mayor, just a quick comment. I serve as liaison for the police
department and we just appreciate what the officers do. I had the opportunity a week
ago Friday to do an evening ride along in the summertime and it wasn't really as
eventful as my daytime ride along, there we had a high speed chase and everything, but
this was -- it was great to be out there to see what the officers do in the patrol car at
midnight and 1:00 a.m. and to observe what they do and it's interesting, I will put it that
way. It's very interesting and the professionalism that our officers carry themselves is
wonderful to see how they deal with the public and what I observed is the fact that we
hire people who have good judgment and that really is so important and that's great to
see, because every situation is different and I realize it's not black and white every time
and they have to exercise judgment on how they are going to handle the situation and I
admire what they do and they do it very, very well. So, I'm glad to see these three
gentlemen that are. on board, because I know they went through a rigorous process to
get here and they were the best ones there and we are glad to see them. So, welcome.
De Weerd: We appreciate the families that are here to support them as well. We know
the sacrifice the families have to those that serve our community from law enforcement
and I think that Larry Woodard had said something that I think is worth noting, is our city
has received some attention because of the quality of life and I know that our residents
hold it near and dear that they can feel safe in the community that they live in and that's
certainly due to -- a lot to our police department, to our public safety servants, and we
are very grateful to all that our current officers and certainly our newly sworn do in our
community. So, thank you for being here.
Item 7: Action Items
Meridian City Council
July 19, 2011
Page 6 of 35
A. Continued from June 21, 2011: Public Hearing: ZOA 11-002
Unified Development Code (UDC) Text Amendment by City of
Meridian Public Works Department Request: Amend the Surety
Section, UDC 11-5C to Include Clarifications, Increase Surety
Amounts and to Provide for Bonds as a Form of Surety
De Weerd: Okay. Moving on. Item No. 7 under Action Items we have a continued
public hearing on ZOA 11-002. I will ask for Pete's comments.
Friedman: Thank you, Madam Mayor, Members of the Council. As the Mayor indicated
that this item, the amendment to the UDC addressing sureties, has been continued over
from your June hearing. At that time after Council discussion there was some direction
that we remove the specific amount for the sureties and actually allow those amounts to
be set by Council resolution. So, that's what we have done. The city attorney's office
has prepared a companion resolution. In it the infrastructure or the life safety
improvements are still set on the 125 percent, but we have backed down the amenities
-- development amenities back to the original 110 percent. So, the attendant resolution
reflects those changes. Other than that change establishing the amounts by resolution,
the rest of the proposed change were as presented to you on June 21st.
De Weerd: Thank you. Council, any questions for Pete?
Rountree: I have none.
De Weerd: This is a continued public hearing. Is there any members in the public who
would like to comment on this item? Okay. Okay. Council?
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: Question. We have an ordinance --
De Weerd: This will be a resolution.
Hoaglun: This will be a resolution.
Nary: Actually, Madam Mayor --
De Weerd: Or it should be an ordinance.
Nary: Actually, Madam Mayor, Members of the Council, this is kind of a two step
process if you recall with UDC amendments. We have had the public hearing in front of
Planning and Zoning, with a recommendation to approve it. You had the public hearing
set here with a recommendation to approve it as is. What would come back to you --
and that's why there is a draft resolution -- we will prepare an actual ordinance to come
Meridian City Council
July 19, 2011
Page 7 of 35
back for final approval. So it's a -- I know it's a -- we don't do a lot of UDC amendments,
so it's a little bit different process than your other amendment, like the ordinance that's
on your agenda tonight for approval. So, what you will be doing is approving this
ordinance, it will, then, come back to you and in your motion it would come back to you,
then, in the form of an ordinance for approval, with the resolution that's attached to your
packet as a draft. So, that was to match up the direction of the Council of establishing
in the UDC those -- both performance sureties and warranty sureties for certain items ai
what level of percentage of surety they have to provide. So, this one you can move to
approve if you're comfortable with it and, then, it will come back to you in the form of an
ordinance. Item B is actually an ordinance that is suitable for approval tonight if that's
what you desire.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question for Mr. Nary. Under 9-A, that ordinance 11-1486, is that the same
as 7-B?
Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, no. What
that actually is -- that was an anticipation of our -- of our code provider at Sterling. That
section is to change the number of the reimbursement agreement. We decided to put
the warranty surety in Title 8 -- or, excuse me, Title 8, Chapter 6, Sections 2, 3, 4 of the
City Code. Currently there is a two, which is the reimbursement agreement. So, it's a
separate code. What we anticipated is if we passed it as is it would follow the existing
code -- we wanted it to precede the existing code and Sterling would come back later
and say, oh, you got the numbers wrong, so you have to fix it. So, this one is
completely -- is just a number change and that's all it is.
Hoaglun: Okay. That's my question, because they almost had identical wording, so I
want to be sure.
Nary: Yes.
Hoaglun: So, Madam Mayor, Mr. Nary, then, we leave 7-A, the ZOA, until we get the
resolution?
Nary: You would move to approve it and direct to bring back the ordinance.
Hoaglun: Okay. And bring back the ordinance and, then, we can also act on 7-B?
Nary: Yes.
Hoaglun: Okay.
De Weerd: As long as the clarifications are -- reflect your intent.
Meridian City Council
July 19, 2011
Page 8 of 35
Nary: Yes.
Bird: With the new ordinance that comes back on this one.
De Weerd: Yeah. No. This one is asking for a resolution to --
Bird: It comes back as an ordinance.
Nary: It will come back as an ordinance and a resolution both.
De Weerd: But that's after you do Item 7-B.
Nary: It doesn't matter.
Bird: No.
Nary: You can do it separately. You can do it as a separate action.
De Weerd: Okay. Okay. Council, I do have an open public hearing, if your -- if all your
questions have been answered, I would entertain a motion to close this public hearing.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close Item 7-A, public hearing on ZOA 11-002.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor, I move that we approve the test amendment to the Unified
Development Code, ZOA 11-002, with the drafting of an ordinance and an attending
resolution to enact it.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second. Discussion? Seeing none, Madam
Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
July 19, 2011
Page 9 of 35
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Continued from July 12, 2011: Public Comment: Ordinance
No. 11-1485: An Ordinance of the City of Meridian, Enacting a
New Section, Title 8, Chapter 6, Section 2, Relating to
Performance and Warranty Surety for Public Infrastructure
(Third Reading)
De Weerd: Item 7-B is also a continued public hearing for public comment from July
12th on Ordinance 11-1485. I would ask Madam Clerk to, please, read this ordinance
by title only for the third reading.
Holman: City of Meridian Ordinance No. 11-1485, an ordinance of the City of Meridian
enacting a section, Title 8, Chapter 6, Section 2, relating to perormance and warranty
surety for public infrastructure and providing an effective date.
De Weerd: Thank you. You have heard this ordinance 11-1485 by title only. Is there
anyone who would like to hear it read in its entirety? Okay. Council? Oh. Is there
anyone who would like to provide testimony on this item? It is a public comment, it's not
a public hearing, but if there is public comment we would invite you forward.
Hoaglun: Madam Mayor, I don't believe we have to close a public comment, as
opposed to a public hearing. I'll just go ahead and move approval of ordinance number
11-1485.
Rountree: Second.
De Weerd: I have a motion and a second to approve ordinance -- the ordinance under
7-B. As there is no further public comment, any discussions from Council? 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.
C. Public Hearing: PP 11-001 Avendale Subdivision by Silver
Oaks Apartments, LLC Located North of W. Franklin Road and
West of N. Ten Mile Road Request: Preliminary Plat Approval
Consisting of Six (6) Multi-Family Building Lots and Six (6)
CommonlOther Lots on 24.61 Acres of Land
Meridian City Council
July 19, 2011
Page 10 of 35
De Weerd: Item 7-C is a public hearing on PP 11-001. I will ask for staff comments at
this time.
Wafters: Thank you, Madam Mayor, Members of the City Council. The next item
before you is a preliminary plat consisting of six multi-family building lots and six
common other lots on 24.61 acres of land. This site is currently zoned R-15 and is
located north of West Franklin Road, approximately a quarter mile west of North Ten
Mile Road. The proposed preliminary plat is a re-subdivision of a portion of Umbria
Subdivision, consisting of one large multi-family building lot, one commercial office
building lot, and one common lot on 28.65 acres of land. Only the residential portion is
proposed to be resubdivided. The proposed plat consists of six building lots on which a
total of 369 dwelling units will be constructed, consisting mainly of apartments with 20
structures, consisting of 12-plexes, 16-plexes, 18-plexes and 24-plexes, with some
duplex structures. The proposed density is 14.99 dwelling units per acre, consistent
with the medium high density residential land use designation for this property. Six
common lots are proposed on which a clubhouse, fitness center, open space and other
amenities, along with streets, will be constructed. The plat is proposed to develop in
three phases shown here on the screen. The first phase will include the clubhouse and
associated amenities shown in the center there. A private ingress-egress easement
exists along the east boundary of the site between the subject property and the church
property to the east. Private streets are required for access to the multi-family units
proposed within this development. Pruvia Street here at the bottom of the plat is
planned to extend to the west as a collector street in the location shown on the plat in
accord with the Ten Mile interchange specific area plan. This is a proposed landscape
plan for the site. The Commission recommended approval on the subject application at
their June 16th public hearing. Becky McKay testified in favor of the application. There
was no opposition or no one commenting on the application. Becky McKay submitted
written testimony in response in agreement to the staff report. There were no key
issues of discussion by the Commission or changes to that staff recommendation by the
Commission. No written testimony has been received since the Commission hearing
and there are no outstanding issues for City Council. Staff will stand for any questions
the Council may have at this time.
De Weerd: Thank you. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: In previous versions of this property -- and I guess it's now called Pruvia
Street -- Pruvia Street, whatever it is. And you have identified it as a collector, which
will continue to the west, but there was discussion about either bonding or putting up a
trust to get a bridge across the canal that dead ends at -- is that still in the mix?
Waters: I believe so. I'm just looking for sure here.
Meridian Cily Council
July 19, 2011
Page 11 of 35
Zaremba: Just wanted to make sure that didn't disappear somehow. I don't remember
what the mechanism was exactly, but somehow this property is involved in that bridge.
Watters: ACHD is currently holding a road trust from the applicant for half the cost of
construction of a bridge over the Kennedy lateral where Pruvia Street stubs to the west
boundary.
Zaremba: Great. Thank you.
De Weerd: Okay. Any further questions? Is the applicant here this evening? Any
comment?
McKay: Madam Mayor, Members of the Council, Becky McKay, Engineering Solutions,
1029 North Rosario business address. This is just a preliminary plat, which reflects the
phasing of our multi-family project and I'm happy to let the Council know that the first
phase has received funding from Wells Fargo Bank and so Mr. Woolf is proceeding
forward. Not as fast as he had hoped, but we are proceeding forward with our civil
design in getting this project off the ground and finishing the facilities that were started
and this is just a step that the banks are requiring now that the phases -- we have lots
which reflect the phases in the event that there are problems down the road, so they
have that requirement.
De Weerd: Okay.
McKay: Thank you.
De Weerd: Any questions for Becky?
Bird: I have none.
Rountree: I have none.
De Weerd: Thank you. Okay: This is a public hearing. Is there anyone who would like
to provide testimony to this item? Council, seeing that there is no public comments, any
further information required? Do I have a motion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on Item 7-C, PP 11-001.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All
those in favor say aye. All ayes. Motion carried.
Meridian City Council
July 19, 2011
Page 12 of 35
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve PP 11-001, to include all staff comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-C. Is there any
discussion? Seeing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. VAC 11-002 Jayker Right-of-Way (ROW) by SWG Brighton, LLC
Located North Side of W. Greenspire Drive; Midway Between
N. Tree Haven Way and N. Moon Drummer Way Request:
Vacate a Portion of Right-of-Way (751 Square Feet) Platted
with Jayker Subdivision No. 1
De Weerd: Item 7-D is VAC 11-002. I will ask for staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. The application before
you this evening is a vacation request to vacate 751 square feet of right of way platted
with Jaykers Subdivision No. 1. If you look at my cursor and look at the vicinity map
here, you can see where that existing curb return exists from 2010, last year, and the
general location of that curb cut and if I go to the next exhibit there you can see where
the proposed right of way is impacted by the subdivision that you will be acting on later
this evening. I did want you to know that ACHD will be the final action on vacation of
the right of way. At a future phase it was anticipated that this will be constructed with a
future phase of Jaykers Subdivision, because a new preliminary plat was approved
there is no longer -- it's no longer necessary to have a road connection with that. Staff
has reviewed the previous conditions of approval for the Spurwing Greens Subdivision
and there is nothing in ACHD's comments or conditions that would require aroad -- a
road to be stubbed with this current curb return. So, staff is pretty confident that a future
road will not be platted in this location in the future. I did contact ACHD. I believe the
application has been submitted to them and also received some comment from
applicable utility agencies and they are in agreement with the vacation of the right of
way as well. My understanding is Public Works had put a hold on one of the buildable
lots until the services are addressed adequately, but there were no concerns regarding
Meridian City Council
July 19, 2011
Page 13 of 35
the vacation of the right of way. Staff has not received any comments. The applicant is
in agreement with the conditions. There are no outstanding issues before you this
evening and I would be happy to answer any questions you might have regarding the
application.
De Weerd: Thank you. Council, any questions for Bill?
Rountree: Yes, Madam Mayor.
De Weerd: Mr. Rountree.
Rountree: Bill, would you put up the subdivision plat? Okay. And I'm trying to figure
out the location here. The roadway to the east -- it looks like it goes down the draw,
which would provide access to the south bank of the Boise River, the Aldape property.
Is that correct?
Parsons: Madam Mayor, Members of the Council, Councilman Rountree that is correct.
Rountree: Okay. I just want to make sure that the one we are vacating isn't proposed
as that access.
Parsons: It is not.
Rountree: Okay. Thank you.
De Weerd: Okay. Anything further from Council? Any comment by the applicant?
Okay. Council, what is your preference on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 11-002, the Jayker right of way.
Rountree: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 7-D. Any discussion?
Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
July 19, 2011
Page 14 of 35
E. FP 11-006 Spurwing Grove by SWG Brighton, LLC Located
North Side of W. Greenspire Drive; Midway Between N. Tree
Haven Way and N. Moon Drummer Way Request: Final Plat
Approval for Three (3) Residential Building Lots and one (1)
Common Lot on 0.80 Acres in an R-8 Zoning District
De Weerd: Item 7-E is a final plat, 11-006. I will ask for staff comment.
Parsons: Thank you, Madam Mayor, Members of the Council. This is a final plat
application for three buildable lots and one common lot on 0.80 acres. The property is
situated on the north side of West Chinden Road and about a quarter mile east of Black
Cat Road. Here is the -- again, here is the approved preliminary plat that you acted on
in October 12, 2010. The highlighted red square before you is a proposed location of
the plat as it relates to the preliminary plat. Staff had reviewed the preliminary plat for
compliance -- the final plat for compliance with the preliminary plat and staff finds that it
substantially complies with the approved preliminary plat. So, here -- again, here is the
lots. Lot 1 will be a common lot for a micropath lot and Lot 3 -- 2, 3, and 4 are the
buildable lots. Again, staff has received comments from the applicant and they are in
agreement with the staff report. No other outstanding issues are before you this
evening. I would be happy to answer any questions you may have.
De Weerd: Thank you, Bill. Mr. Zaremba
Zaremba: Madam Mayor. On a previous issue you -- you said something about Public
Works wanting to have a hold on one of these lots. Is that --
Parsons: Madam Mayor, Council President Zaremba that is correct. That is Lot No. 4 --
or Lot 3. Excuse me. That's where that existing right of way is and if you remember if a
road was to punch through this right now there is a sewer main that's there and
anticipating following through with a future road, but because a road is no longer
platted, you only need residential services to the lot and not a main. So, my
understanding is they are working with Public Works, they are in agreement with
correcting that issue and they are in the process of doing that now.
Zaremba: Do we need to acknowledge that in a motion or that's underway and we don't
need to --
Parsons: President Zaremba, that's conditioned in the staff report.
Zaremba: Okay. Thank you.
De Weerd: Okay. Anything further from Council?
Bird: I have none.
Meridian City Council
July 19, 2011
Page 15 of 35
Rountree: No.
De Weerd: Okay. Applicant?
Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation. 12601
West Explorer Drive in Boise. Just to affirm that that issue relative to the sewer is being
dealt with, so that it would function as a -- just a service, rather than as an extended
trunk line. So, we have no issues on the matter. It's all being resolved.
Zaremba: Great. Thank you.
Wardle: Thank you very much.
De Weerd: Okay. Council, anything further?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve final plat 11-006.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-E. If there is no
discussion, Madam Clerk, roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports
A. Mayor's Office: Community Liaison Update
De Weerd: Item 8-A is under the Mayor's Department and I will ask Luke to give his
report.
Cavener: Good evening, Madam Mayor, Members of the Council. It is time again for a
community update. I included on this quarter's update a picture that only I think a
mother could love. That is myself at the Meridian Senior Center calling bingo as part of
an event that -- leadership Meridian class the Meridian Chamber held to benefit the
Meridian Senior Center. That event, in addition to some additional efforts, raised nearly
8,000 dollars for the Meridian Senior Center. We split half the funds to go directly to
their bingo program, which is a big fund driver for themselves directly, and the other half
Meridian City Council
July 19, 2011
Page 16 of 35
directly to the senior center for their new facility. It was a great event. I didn't have too
many people mad at me and they have asked me to come back, so I have been calling
bingo there about every six or seven weeks. See if we can -- so, let's talk a little bit
about numbers. Currently our city Facebook page has 939 fans, 1,087 Twitter
followers. We do a weekly series on our city website and also goes on Facebook called
This Week In Meridian. We average about 350 viewers a week. This week in Meridian
the highlights -- the activities -- both city sponsored and community driven, that are
happening in Meridian. We have also received a lot of feedback on that, because we
use varying city staff members to serve and host, so I may do it one week, Bill Nary has
done it one week, the Mayor has done it a couple of times, and all four of you have a
standing invitation if you would ever like to be the host of This Week In Meridian for a
week I'm sure we can -- we can make that happen. In addition, we get about 22
average viewers a week on the City Council stream -- streaming the meeting that's
going on right now. We peaked at 74 viewers during the precious metals discussion.
That was about -- oh, about seven, eight weeks ago. After that meeting occurred the
next day we -- we save a copy of that and put it on our website, so that people who
didn't want to come back and watch a piece of it or missed it and want to follow along
with it, can come back and view that and we have had great viewership on that as well.
Each meeting has about a minimum of 20 views .after a couple of weeks. Again, that
precious metals meeting had over 200 views during that meeting. I have talked a little
bit about business and what's going on in kind of my work with -- with our business
community. Meridian Business Day Five is scheduled for September 9th of this year.
This has been an event that has received a lot of accolades that really hold people from
not just Meridian, but from the surrounding area to Meridian and allows us to showcase
our community to the valley. We have worked on producing a series of business videos
where businesses really tell their story about why they choose Meridian. We play those
videos in the Mayor's TV show Celebrate Meridian and, then, Brenda has also re-
purposed those on the city's economic development website. We have been contacted
by a variety of different businesses and organizations that also want to use those videos
to promote Meridian and promote the businesses within. I have been visiting our
downtown businesses with Brian McClure and with Ashley Ford, talking to them about
Destination Downtown, but also using it as an opportunity to talk to them about what's
on their minds, the things they like, the things they don't like, what they like that's
different, what they would like to see stay the same. Business focus, maybe, maybe
not, but next Thursday is the City of Meridian versus Meridian Chamber of Commerce
softball game. We played hard last year, but lost 12 to three. I had to eat a significant
amount of crow today at the Meridian Chamber luncheon, offered any ringers, called
Alex Rodriquez, Derek Jeter, they didn't take my call, but if they are interested I think
that we can maybe hire them to work at City Hall maybe for a day, but that's no takers.
So, we are looking forward to that. I hope everyone would come out and, Councilman
Hoaglun, you were quite the all-star last year. I have got the Icy Hot ready if you're
willing to play again, we look forward to seeing you. Talk a little about our community.
One of the things that we continue to do is attend -- it happens throughout the year, but
they really ramp up during the summer, our homeowners association meetings and it's
interesting in my dialogue, regardless of the size of the homeowners association, large
or small, they typically have the same issues, they typically have the same questions,
Meridian City Council
July 19, 2011
Page 17 of 35
but they have enjoyed having representatives of the city, not just myself, the Mayor
attends many of them, we have had other department representatives attend and really
serve as a voice of the city and that direct link between City Hall and the community.
We continue to do that. City Hall serves as a great venue for a lot of our HOA's. For
those that it doesn't work, we travel to them. As you know, we have a town hall
scheduled for this Thursday out at the Kleiner Park bus garage. I think this is going to
be a very well attended meeting, a great opportunity to learn everything that's going on
in our parks department. The second annual community block party is scheduled for
September 17th. This is an event that was put on by our faith ambassadors and our
parks department last year. We saw upwards of 3,000 people in Settlers Park for free
food, music, activities, and events. We see that number to increase this year. We have
added a couple of -- a rock and roll fun run that's being put on by Meridian's Promise. It
will also be the jamboree for the Police Activities League football program. So, a lot of
different events to bring people into Settlers Park this fall. I'm sad to report that the
community garden group, who has had tremendous success, received a very
substantial grant from Home Depot to expand their services, suffered a setback as a
result of illegal fireworks has burned down a significant portion of their garden, so they
were trying to -- to rebuild and move forward. I know that they are very interested in
meeting with our parks department, who have expressed some interest about maybe
giving them a permanent home in Kleiner Park and I think that's something that they
would really get behind, it could really be a win-win for everybody. While they come and
talk to you every month I like to brag about the Mayor's Youth Advisory Council a little
bit. Some of the things that maybe you didn't know is that the youth council recently
donated 3,700 dollars to the Meridian Senior Center. They raised more funds for their
fundraiser this year than in past years. They -- even with the increased cost of putting
on an event were still able to deliver a significant check to the senior center, who was
happy to receive that. I was fortunate to attend the AIC youth track with them at BSU
where I was able to participate in some pretty amazing accommodations. Talking 35
thread count sheets in the dorm, you show up and -- while I have never been to prison,
when you show up they are handing you your sheets, your towel and your bar soap and
telling you where your room is. So, a great experience with youth to see what dorm life
was like.
De Weerd: Nothing but the best.
Cavener: Nothing but the best. It was -- I enjoy going to the AIC program with our
youth, because it gives me the opportunity to see all the great things that our youth
council is doing. They are year end, year out, the ones that everyone in the youth track
looks to for guidance, for ideas. What are the things that Meridian is doing that are
successful and how can they replicate it in their town the next year. So, it's always
enjoyable to see that. I'm sad to report today after four years Adrian Casper has
stepped down as their advisor for their government affairs subcommittee, so we are
looking to find a new replacement for that spot and it's hard to believe in the middle of
July, but the youth council executive team will be meeting next week to begin planning
next year. So, they take just a quick breath of fresh air and they dive right into it. What
this really kind of boils down to is that other communities are really taking note of what's
Meridian City Council
July 19, 2011
Page 18 of 35
going on in Meridian and in our community. As I mentioned, Meridian Business Day
and This Week In Meridian, were both award winning programs at the AIC convention
two weeks ago. Canyon county has launched their own business day and they have
spoken to all of the key stakeholders in Meridian Business Day to find out what has
worked and how they can best replicate it in Canyon county. I have had multiple
discussions with representatives of Eagle and Nampa who want to explore webcasting
their city council meetings. A month doesn't go by that I'm not solicited with information
about how to start a youth council similar to Meridian. In fact, the Mayor and I were just
at a conference last week in Phoenix and somebody out of the blue said what -- what
information can you give me so we can start something like MYAC in our community.
One of the things that I think is really great is that other departments are getting
involved. We have seen the -- the Facebook page of the Parks Department just
explode. It's the go to place for everything that's happening in our parks. Our police
department has stepped up their efforts and their outreach, both with the Facebook and
a Twitter feed. I think those are really creating an opportunity for our community to
really become -- to look behind Meridian as a brand and become brand loyalists and
they know that when they receive a piece of information from Meridian that's it's
credible, that it's accurate, and that's something that they are going to want to be
involved in and I think that's as a result of a lot of people working really hard to do that.
And at the end of the day that results in greater involvement in our community and that's
something that I really enjoy is to be able to be out with out citizens and talk to them
about what --what their thoughts are. Sometimes they are not always happy to see me,
but that's okay, too. I enjoy having the opportunity to engage with them as well. So,
with that, questions, comments? I tried to be -- keep my comments pithy tonight, so I
hope I didn't run too long for you.
De Weerd: Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Luke, you indicated when you meet with the homeowners associations they
typically have a range of comments and/or questions that are similar. Could you share
some of those with us?
Cavener: Councilman Rountree, absolutely. It typically stems from neighborhood
issues. In some neighborhoods where the HOA bylaws are very strict, they are upset
that, you know, somebody doesn't have the right amount of flowers in their flower
garden. You know, my neighbor leaves his boat parked in -- on the road for more than
three days. Parking typically is an issue in every neighborhood that comes to me upset
with someone. Or it's the -- the HOA board is too controlling or the HOA board doesn't
do anything and, you know, the first question that I like to ask the people that -- the
common questions and concerns is, you know, have you thought about running for that
position, have you thought about being the course of change and nine times out of ten
their response is, ah, I don't want that job. So, it's -- it's challenging at times, but trying
Meridian City Council
July 19, 2011
Page 19 of 35
to encourage people to be more involved in the neighborhood has resulted in better
solutions.
Rountree: Thank you.
De Weerd: And I think, also, Councilman Rountree, there is your usual transportation
questions, like we received when we were on KBOI.
Rountree: Right.
De Weerd: There is questions regarding our parks system, general positive comments
on the upkeep and certainly Kleiner Park and that's one of the reasons why we came
with a town hall meeting out at Kleiner Park. There has been a lot of curiosity to Kleiner
Park, the amenities that it will offer our community and so that -- that has been -- and,
lastly, probably the most common question that I get when I'm in attendance have been
job related. What is the city doing in terms of business out reach and certainly
supporting our existing business community and job creation?
Rountree: Thank you.
De Weerd: Okay. Anything further? Thank you, Luke.
Cavener: Thank you.
B. Planning Department & Clerks Office: Request for Waiver of
an Accessory Use Permit (AUP) Fee from Ginnie M. Konarik
De Weerd: Appreciate you being here. Okay. Item 8-B has been requested to vacate.
I will need a motion to vacate this item.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we vacate Item 8-B.
Hoaglun: Second.
De Weerd: I have a motion and a second to vacate Item 8-B. All those in favor say
aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Police Department Report: Precious Metal Dealers Task Force
Report and Proposed Draft Ordinance
Meridian City Council
July 19, 2011
Page 20 of 35
De Weerd: Okay. Item 8-C is the chief and I will turn that over to him at this point. I
see that we do have several of our task force members. Certainly appreciate you being
here and appreciate the time that you have given this topic.
Lavey: Madam Mayor, Council, 1'd like to make a motion to vacate Item C, too.
De Weerd: Denied.
Lavey: Yeah. I figured as much. Madam Mayor, Council, in February of this year I first
came in front of you to discuss precious metals ordinance. During the next couple of
months we have had a first and attempted a second reading. We also did a public
hearing and last you heard from me was in May. At the May meeting we decided to pull
the ordinance from the agenda and form a focus group and through the Mayor and her
staff they weeded through a lot of applicants and came up with a focus group to work on
this precious metals ordinance and a couple of them are here in the room today and I
want to identify all of them, but I do want to give a special recognition to a couple of
them and I promise they don't have to speak, even though I have been telling them for a
couple weeks that they -- they had to come up and do the presentation, not me. On our
citizen's list we had Valerie James, who is present today. We have Mary Ann Watson,
who is present today. And these two individuals I really want to give a shout out to them
and a big thanks, because they were probably the most helpful citizens on our panel
and contributed the most. There is also a gentleman by the name of Mike Williams,
who contributed a lot in the coin industry portion. And, then, we had two other
members. We had Doug Mason from SSC, who is also a public safety alumni graduate.
And we had Judy Cahill, who was a -- or who is a Meridian city resident and was a
victim of precious metals and she was at our first meeting and we must have scared
Judy and Doug, because they never came back. Likewise, after Mike contributed to a
good portion of the draft that's in front of you today, he decided he was going to go do
simpler things and he resigned from the board as well. I do not know if he will be --
De Weerd: And, chief, you also had Todd.
Lavey: Oh. Excuse me. Yes. I had Todd Thompson, who missed the first meeting, he
had a family emergency, but when he was -- he was at every other meeting and he was
quite helpful and gave some insight on the -- from the jewelry side of things as well and
he's not present here today either, but Todd did help quite a bit, too. And, then, on the
city employees' side, Laetitia Babcock, a detective with the police department, is here
today and she, too, does not have to speak unless she wants to. And Emily Kane and
Emily Kane is -- is I believe out of the office until tomorrow. These two city employees
were very beneficial in what we did. Emily is a great scribe. How she can keep track of
everything and put it together in the form that she does is unbelievable. And Laetitia
has done a lot of the leg work as far as contacting the businesses and everything else
and sending out letters. And, then, Berle Stokes -- Sergeant Berle Stokes and Eric
Stoffle are two detectives that also contributed as far as the focus group. And my main
role on the focus group was to be neutral and I served as the facilitator and we just
created dialogue and got to where we are at. I want to talk just briefly about where we
Meridian City Council
July 19, 2011
Page 21 of 35
are at and where we are heading and what's in front of you today. We'd like to discuss
the current proposal, the newest draft, and it should have a date of July 19, 2011, on
your proposal. I believe that's the most current one. And give Council a chance to ask
any questions. This is what we are going to request to be -- to bring forward for second,
third readings and we request that it be open for either public comment or public
hearing, whatever the proper forum is for that as well, at a time that is best for Council.
But there is just the two areas that I want to acknowledge quickly and, then, answer
questions the Council may have. Some of the highlighted questions -- the holding
period. We -- we actually discussed that amongst myself and Council quite a bit and
the original proposal had ten business days. Some of the task force feedback was that
was too long, we discussed the fluctuations in the market prices and it was agreed upon
that seven calendar days would be an appropriate amount of time. I will tell you that
when we got down to the final ordinance or the final proposal, that the group was saying
is that enough time. So, really, we were kind of working together to come up with what's
the best -- best number and that's what the --the panel -- the original proposal came in,
it didn't differentiate between jewelry and coins and after a lot of discussion we decided
the coins need to be regulated just a little bit differently than the jewelry and Mike
Williams contributed a lot in that area. And they talked about coins are investment
vehicles and they talked a little bit about the privacy of the seller, the reluctance in
providing information about, hey, what -- what items of value I have in my home versus,
you know, what am I selling, what am I keeping, that sort of thing and there was also a
discussion that I believe Council heard about, you know, photographs and how many
photographs you have to take for each lot. Do you photograph a lot? Do you
photograph each individual coin? And the other thing was is that being able to actually
identify the coin from -- and I'm by no means a coin expert, but when you get down to
there is a lot of similar coins and you can't differentiate between I owned this one, but
not this one versus this one. Whereas, on the jewelry there is -- oftentimes they are
engraved or the setting is personalized and -- or there is nicks and chips and those
sorts of things -- broken prongs and those sort of things that can make it easily
identifiable. So, you will see in front of this in your new ordinance the type one and the
type two precious metal. Type one is jewelry items and type two is coins. And as you
go through the ordinance it just talks about if you're selling a type one you do this, if
you're selling a type two you do this. So, it's pretty self-explanatory. We had a lot of
discussion about making -- are you doing it to make money or are you doing this as a
hobby and, really, trying to figure out what would be the deciding factor of whether you
needed to fall under this ordinance or not and, really, we looked at the IRS definition
and so you will see in the ordinance where it kind of refers back to the IRS definition
and it's really an -- just a calculation -- I believe it's nine points and it says -- you answer
the questions yes or no and that really tells you whether you are in it for making money
or in it for making -- or as a hobby. So, we figured that was probably the way to go. A
lot of discussion on trading in of jewelry, requesting upgrades to the jewelry, that sort of
thing, and really, it was discussed amongst the detectives that -- that most people that
steal jewelry just want the money, they don't take it in and say, hey, can you upgrade
this to this or upgrade it to that, they don't want to be associated with it. Here is the
jewelry, give me my money, I'm gone. So, we changed the rules and the wording on
people that actually trade in their jewelry or actually take the ring in and say I'd like to
Meridian City Council
July 19, 2011
Page 22 of 35
trade this in and get it upgraded to something else. And so there is an exemption in
there with the wording so far as remodeling, refastening, rebuilding, repairing of jewelry
and as long as the buyer reasonably believes the seller is a bonafide owner or agent of
that jewelry and that was really a major contributing factor from Mr. Thompson. There
was a debated discussion on whether the city should issue a precious metals license, if
there were other existing code -- city code violations on a premises. There was some
wording in there about if -- if you don't need this or don't meet that, then, you will not be
granted a precious metal license that really kind of concerned some people and we
really kind of backed out of that language, because under the UDC you're already
required to follow rules and everything else. It already gives authority to the -- to the
police department, to the code enforcement office, and to any -- and to the legal
department to address those violations. So, if you actually have a violation of your
business, we didn't necessarily believe that you needed to be -- your license needed to
be withheld, but you do need to come in compliance and there is ways to make you
come in compliance. So, that was the major change there. Then there was also the
time about how to transmit the -- the recorded transactions to the police department and
I believe we use noon the next business day in the original ordinance and there was a
discussion about business owners preferred a 24 hour window to provide more time to
enter or transmit the record and Mary Ann Watson was a big contributor to this and it
was agreed upon by the focus group that it should be within 24 hours. So, once the
transaction is -- takes place they have 24 hours to put it into the -- he must be going to
Middleton. They have 24 hours to get it into the system and the detectives did not have
any issues with that and, then, there was a discussion on the licensing the premises
and license of individuals and if you recall -- I believe it was March and I was giving the
presentation and reading the ordinance and we talked about licensing the individuals
and I made the comment I didn't know why we couldn't just license the premises and
there was really some -- some discussion about excluding certain types of people that
shouldn't be purchasing property, you know, if you have a theft or felony on your record
and that sort of thing. But through the -- the group we discussed that it would be
appropriate and less burdensome to license the premise and if there is any issues with
the premise as in their -- their purchasing stolen property, then, we will deal with it
through the -- through the proper channels. It would be burdensome to license every
individual, the turnover and everything else. And so we are putting some of the onus
and responsibility back on the -- on the business owner, the premise owner realize that
if they don't police themselves, then, they could be the one that is hurting, instead of the
individual. And, then, there was some discussion of Leads Online. There was some
heavy discussion on Leads Online and what they really were talking about is it an
effective and efficient way for the Meridian Police Department to find stolen property
associated with the report -- a reported theft. We believe it is. This is the means that
we use for the pawn shops currently. Mary Ann has spoken in favor of that. There was
concerns about other agencies other than MPD actually having access to it and trolling
for information and hacking of information and the unbridled discretion of regarding
recordkeeping and, you know, we haven't alleviated all of that, but the current proposal
in front of you does not have the Leads Online as the transmittal form and apparently
when we did the pawn shops, the pawn shop ordinance does not include Leads Online
either. We did that through a resolution and we would do the same here. So we are
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July 19, 2011
Page 23 of 35
really looking at what's the best means. It is the most popular in the valley, but we are
not stuck on that and Ms. James has really kind of opened our eyes on -- on Leads
Online on that. So, you will see that Leads Online is still the Meridian Police
Department's first choice of methods of transmitting records from -- from a precious
metals transaction to the police department; it really is the most efficient for us. Task
force members agree to disagree regarding whether the risk of a security breach and
potential trolling outweighs benefits of Leads Online, really discussing the -- there is as
much risk or greater risk when you rent movies with Netflix and that sort of thing,
because of credit cards and everything else. Without -- I can't say there is not a risk,
but there is also a risk in a lot of other things that we do as well. So, we have agreed to
disagree on that and, let's see, what else? We believe that the benefits outweighs the
risks as a prevention resolution tool. We did compromise on the coins and that coins
will not be -- coins transactions will not be transmitted via Leads Online. We have such
a small dealings of it here in Meridian right now that the records will be obtained and
kept at the business and it was also agreed upon by the focus group that in the future if
a lot of coin shops open up in Meridian and a lot of the businesses are going through
there and we are finding a lot more stolen -- stolen pieces of coins, then, we might have
to readdress that issue. But currently they will not be transmitted over Leads Online.
And that I believe is the main issues that were addressed with this board. I am happy
say that I believe that when we started off on the focus group everybody came in with
their own personal agendas, their own self interest and after about the third meeting we
started working together as a group and to come up with something that everybody
could agree with. The one area that I mentioned on the Leads Online is that the most
efficient and effective way of doing it, that's the only area that we have agreed to
disagree on. So, with that if I have misspoke on anything I'm hoping that my focus
group back there will come forward and speak on their behalf. I also promised them
that since they were an active part of this group, that if they had anything to say the floor
was theirs and if neither one of them are brave enough to do that, I stand for any
questions.
De Weerd: Council, any questions for the chief?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just one and this is back on the Leads Online one. If we developed a
system where information was just transmitted directly from the business to the police
department, there wouldn't be valley wide access to that kind of information, so I just
want to make sure I understand Leads Online correctly, if the shop owner transmits it to
Leads Online it is possible that if something was actually stolen in Nampa and brought
to a precious metals dealer in Meridian, that the Nampa police would be able to locate it
as well, which they would not if we had our own internal system. Am I ferreting that out
correctly?
Meridian City Council
July 19, 2011
Page 24 of 35
Lavey: Councilman Zaremba, you are correct. What it does is it gives a tool for any law
enforcement agency who subscribes to it to access that information without having to
drive to the business. So, if we did form an internal mechanism for doing that, it would
help the Meridian Police Department on cases that occurred in Meridian, but it wouldn't
help the Meridian Police Department if our stolen items were sold other places and it
would not help the other agencies, like you said, if -- if it was sold in their businesses.
One of the other concerns is that it's not just viewable by the Treasure Valley law
enforcement, it's -- it's nationwide and that just concerns people with information being
put into databases and all the security breaches that you hear about every day. And I
understand that. But nobody is -- I can tell you that we haven't had a reported case that
we are aware of with Leads Online and nobody's immune. The Pentagon, the banks,
and everything else and so there would be some information that a hacker could glean,
but it's not much information that they could do anything with. But there is the belief that
-- that they would know who you are and where you live and they could come to your
house and steal other things from your house, but they can do that anyway, you know.
So, I'm neutral on it. I understand the concern. I understand there is a risk. You know,
you just have to decide what's -- what's the best way to go, so --
Zaremba: Thank you.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor. If none of the focus group wants to come up and help us
with this, that's great, I appreciate that, but I did want to extend my appreciation and
thank you for the time you spent and the opportunity you took to be involved in this and I
think this is the way government should work and I think this is an example of how to
agree to disagree on some situations, but I think it's tremendous that this is the
outcome. I look forward to seeing this advance, chief, and you folks on the focus group
you did a great job and I really appreciate it. I wasn't sure where we were going with the
last hearing, but it's helpful to hear what you have done and, again, I greatly appreciate
it. One thing I would like to see, chief, is that we made a matrix of our ordinance as
what was once drafted versus Boise and since you have done this Nampa and I believe
Garden City have enacted ordinances. If not they have gone through the process of
getting them into some final form that would be helpful to compare ours with a matrix of
the ones that are in place or about to be in place. I think we now have a better model
than I recall some of the other ordinances that were out there. But that may not be, but
it would be good forme to be able to compare.
Lavey: Madam Mayor, Councilman Rountree, that's easy for us to do. We will just plug
this into that matrix you already have, so you can compare it. I will tell you that as we
progress through this thing we used two cities quite -- quite often as the foundation and
that was Boise city and Nampa city. Those are the two ordinances. Boise city's has not
been updated since 1981, so we really worked on the old and, then, we worked on
Nampa's which was the most current. Worked on the newest and, really, we kind of
blended somewhere in between there. Those were the two -- two ordinances we used
Meridian City Council
July 19, 2011
Page 25 of 35
for the foundation. So, we will plug that into the matrix -- actually, I won't say we will. I
will ask Emily to do it when she returns and we will have that for the other readings.
Rountree: That would be great.
De Weerd: Okay. Come on up.
Babcock: Madam Mayor, Members of the Council. We were just talking with Valerie
and she wanted me to bring up this point and because I'm the most probably -- I work
the most with Leads Online, so one of the things that we do when we access Leads
Online as law enforcement agencies is -- first of all we all have to have a log in, but not
everybody in the police department has a log in. Only a select few. And, then, after
that, before we can start a search, we have to put some kind of a case number in there
so every agency has to do that as well. So, that literally protects everybody what it's
supposed to for -- I know one of the concerns was that law enforcement might just go
and look at anybody's information, just type in a name just to see what they are up to,
which the case number helps keep track of that. There could be audits done, I
suppose, you know, with the -- the detective or whatnot to see who they are looking at,
under what case number, and we don't always live by name, we do this sometimes by
just property, but we always have that case number there that says what we are looking
for, for what reason in a way, I guess.
De Weerd: Appreciate that clarification.
Lavey: Madam Mayor, Council, that brings me to another thing that I recall is that under
type two precious metals, under the coins, we are not using Leads Online and so we did
change some wording in there to alleviate fishing expeditions, we put some wording in
there that an officer has to be conducting an active investigation such -- and a DR would
be assigned to the case and everything else. So, you know, we played the what if's and
the devil's advocate questions about how an officer could just go down there and try to
get information out of the business owner, the business owner thinking he has to give it
to him and trying to alleviate any concerns there. So, the wording you will see in the
ordinance talks about it has to be an active investigation. And, then, the other thing I'd
like to point out is that we -- although we didn't have every business group represented
on the focus group, we have kept in contact with them, we put together a letter with a
copy of the ordinance and we sent it out to every business person that deals with
precious metals in the city and we have a list of that as well. So, just to really kind of
keep the limited amount of people that this is going to affect in the loop and so they are
aware of it and hopefully they will either send in written concerns or written support or --
or show up at the public comment setting, but we have sent out letters for every single
business affected by this.
De Weerd: Valerie or Mary Ann, would you like to provide any additional comment?
Well, Council, if you have any questions for either --
Meridian City Council
July 19, 2011
Page 26 of 35
Rountree: Just if you heard something that didn't quite jive with what your
understanding was let us know.
De Weerd: Okay. But you can't provide comment from there.
Lavey: I think they are saying they are fine, so --
De Weerd: Valerie.
Lavey: I have been asking Valerie -- I have been telling Valerie for a couple weeks that
she had to present. But, really, I told the group that --
De Weerd: You need to speak into the microphone.
Lavey: I told the group that they actually were an active part of this and so it's not just
me speaking, I'd like for everybody to speak, but they didn't have to unless they wanted
to, so go ahead, Valerie.
James: Thank you.
De Weerd: Thank you, Valerie.
James: Madam Mayor, Council Members, I just wanted to say that I appreciated the
process that we went through here and the chief being a pretty good facilitator. I am
your token disagreement person with that Leads Online, which is why I had Detective
Babcock come up and -- and relay that information about that DR number, because that
was one of my hesitations and trepidations with -- with the ordinance in the first place
was this -- who accesses this information. So, that does -- that doesn't completely
alleviate all of my concerns about having databases that I don't have control over, but it
certainly I believe strikes a good balance between the needs of the police officers and,
then, those of us who are concerned about privacy. But I do -- I do want to thank the
Mayor for appointing me onto the committee and my fellow members. It was a -- it was
a good experience. So, thank you.
De Weerd: It sounds like it was a good experience for all to hear every aspect and
opinion and certainly concerns to address each of those.
James: Absolutely. Are there any questions of me?
Bird: I have none.
Rountree: No. Again just thank you so much for participating.
James: Thank you.
De Weerd: Thank you.
Meridian City Council
July 19, 2011
Page 27 of 35
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would have one other for the chief. I guess this is kind of a sideways
question, but we will now have two ordinances, one for precious metal dealers and one
for pawn brokers or are we somehow trying to make those into one ordinance?
Lavey: Madam Mayor, Councilman Zaremba, we already have an ordinance on the
books for pawn brokers and we did not go in and attempt to change that or make
anything in there. This is a separate ordinance and, really, it's because you have some
people -- some pawn shops that are dealing with both and you have others that are just
dealing with one thing and you have pawn shops that actually can do loans and you
have precious metal dealers that don't and it's a completely separate ordinance. One
thing that we have put in place under this ordinance, though, is for those pawn brokers
that are doing business in precious metals, they can just get alittle -- check a little box
on their pawn broker license and they don't have to do the dual payments as far as --
the background is the background and that sort of thing. So, we are trying to merge the
two, but yet keep them separate, too.
De Weerd: Pete or Jaycee, you want to take the PowerPoint off that screen. Okay.
Council, anything further?
Bird: I have nothing.
Rountree: No.
De Weerd: When would you like to see this on an agenda for a public hearing?
Rountree: At any point, Madam Mayor, from my perspective is --
De Weerd: Is everyone here on the 9th?
Rountree: I would be.
Zaremba: Are you looking at August 9th?
Rountree: August 9th.
Zaremba: That's a workshop. We don't normally have public hearings on workshops,
but the 16th probably would be --
De Weerd: Does the 16th work for the committee members?
Zaremba: August 16th we are talking about.
Meridian City Council
July 19, 2011
Page 28 of 35
De Weerd: It would be third week of August.
Lavey: Madam Mayor, I'm just looking at dates that Emily had put in here, just some
suggestions. She had some proposals for maybe the 26th of July being a first reading,
the 9th of August being a second reading and the 16th of August being a third reading
and, then, choosing the most appropriate date for a public hearing and, then, our intent
is to whatever this Council decides is to send out another letter to all the business
owners explaining what the final outcome is and, then, also not putting this in place --
requesting that this not be put in place until October 1 to give the business owners a
chance to adopt it and vet it out to see how it's going to affect them, so we can make it
work. My only concern is if we do anything on the 26th I'm on vacation and I won't be
able to provide any input, but I know that our faithful group could. So, that's my two
cents.
De Weerd: Okay. Well, Council, I would suggest the first reading would be your public
comment. It remains open until you pass, but I think if we wanted to start that on
August 16th, since the recommended start date wouldn't be until October 1st as
suggested regardless, that gives time to notify again through correspondence -- we will
publicize that August 16th would be the public hearing. Councilman Zaremba is -- or
Councilman Hoaglun is gone next week and so I would like to make sure that all
Councilmen are here. Does that work if we have the public hearing on August 16th?
Lavey: Madam Mayor, I believe that works for us. We -- you know, the thing is we can
even push it out past. I just want to make sure that we have enough time to be fair to
our business owners to give them a chance to adopt this before it's put in place and if
we have to make that October 15th or November 1st, we can do that as well.
De Weerd: We can push that out
Lavey: Those are just some rough ideas that we had. I do believe that I owe it to the
group to be present for it as well and I would like all Council to be there and to
participate in that as well and whatever date is appropriate we can do that.
De Weerd: Okay. Well, we will set it for the public hearing, then, and first reading on
August 16th. Okay.
Lavey: We can send it our Facebook and Twitter right now.
De Weerd: Very good. We probably want to push out, then, the start date as
recommended. Okay. Okay. Thank you. And thank you for joining us this evening.
D. Planning Department: Central Valley Expressway Project
Letter
Meridian City Council
July 19, 2011
Page 29 of 35
De Weerd: Okay. Item 8-D is our Planning Department. Council, you do have a draft
letter for the Central Valley Expressway project and, Pete, do you have any comments?
Friedman: Thank you, Madam Mayor, Members of the Council. I really don't have any
comments and I do know this letter has been circulated to the Council. It was a
collaboration between Mr. Nary, Robert and Caleb. Received Council Member
Zaremba's comments. If the Council is good with this letter, I have an original here for
your signature tonight, if you choose to do that. Otherwise, I can work with staff and
circulate it to you or take down changes and get this back to you.
De Weerd: Okay. Council?
Rountree: Madam Mayor, I only have one comment and it's just a point I don't know if
we need to make in letter or not, but in the letter we talk about not only State Highway
16, but US-20, Meridian Road -- or Meridian interchange, transportation projects, some
of which are in the TIP and some of which are not, but there is no mention of
COMPASS and the transportation planning aspect that they have with something like
this as well, beings that all of these are significant projects and all part of the COMPASS
project process. Should we mention that in this letter? I'm not sure Gary understands
that, because he's -- as a group they are going into each territory, if you will, or each
member of COMPASS and making this presentation. Bottom line is if anything does
come of this it's going to have to go through COMPASS, so do we make that point in a
letter? I think it's a great letter, I just wondered do we want to do that now or if -- and it's
a big if --there is any funding identified, then, we do it.
De Weerd: I guess it doesn't hurt to put a sentence or two about the process if funded
or if monies are found, that we would support -- support the project through that
process.
Friedman: Through the Compass vetting, if you will.
De Weerd: It would have to be on the STIP and the TIP and -- yeah.
Friedman: I'll make a note here to note the COMPASS corporation and, then, I will let
the author of the letter do with it and send it back out to you for review.
De Weerd: Okay. And I did notice that ITD is renaming the STIP process to something
else.
Rountree: I something.
De Weerd: ITIP. Yeah
Rountree: ITIP. Yeah.
De Weerd: Okay.
Meridian City Council
July 19, 2011
Page 30 of 35
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have got another clarification. On the sentence -- on the last -- in the last
paragraph towards the end of it it says your coalition and the city has looked for
financial partners. I don't recall us saying we are going to be a financial partner to start
with. We have looked for financial contributors, but -- but I don't think we have ever said
we were going to put any money up on that.
De Weerd: Well, we will give it clarifying -- some clarifying text.
Bird: Yeah. That's all I -- it sounds like we are looking for some financial partners. We
are looking for financial period. We are not saying we are going to be partners.
Friedman: Council Member Bird, which sentence was that you wanted to note?
Bird: Pardon?
Friedman: What sentence was that that you would like us to --?
Bird: On the second page there it's the next to the last paragraph, second sentence --
the third sentence.
De Weerd: Okay.
Friedman: Okay.
De Weerd: I smell smoke.
Bird: You know, I do, too, now.
De Weerd: Okay.
Hoaglun: Madam Mayor, just a comment on this letter. I mean I'm fine with the letter,
but, you know, this is a huge, huge project when you look at everything that's included
in that and I think Councilman Rountree at the last meeting when this was under
discussion kind of was looking at, you know, when projects get so big it sucks all the
oxygen -- not to say money out of a room and it gets very difficult to find that type of
money for projects like this. I think Title Three, federal government program, is going to
be about 400 to 500 million dollars --
Rountree: Five hundred million.
Hoaglun: Is it 500 million?
Meridian City Council
July 19, 2011
Page 31 of 35
Rountree: Yeah.
Hoaglun: And, you know, that -- this project alone could do everything they want if they
take all that money. Well, that's for the whole country they are offering this grant
program, so you know, I hope we still move forward trying to find -- you know, a 35
million dollar bridge project is much more doable and just so people know this -- we
aren't throwing all our chips into one basket here, but we are still going to be looking for
those opportunities for grants for the Meridian interchange and see if we can make that
happen. But it's good that we are part of this coalition to make this all happen, because
we realize that transportation projects are a regional issue and at the same time we are
going to be working on our particular project as well.
Item 9: Ordinances
A. Ordinance No. 11-1486: An Ordinance of the City of Meridian
Amending Title 8, Chapter 6, Section 2, to a New Number Title
8, Section 6, Chapter 5 Relating to Agreements for
Infrastructure Enhancements; and Providing an Effective Date
De Weerd: Right. Thank you. Okay. If there is nothing further on that item, we will
move to Item 9-A, which is ordinance -- proposed ordinance 11-1486. I will ask Madam
Clerk to, please, read this ordinance by title only.
Holman: City of Meridian Ordinance No. 11-1486, an ordinance of the City of Meridian
amending Title 8, Chapter 6, Section 2, to a new number, Title 8, Section 6, Chapter 5,
relating to reimbursement agreements for infrastructure enhancements and providing an
effective date.
De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone
who would like to hear it read in its entirety, since only the anyone is just one shaking
his head. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 11-1486 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion
from Council, Madam Clerk, roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
July 19, 2011
Page 32 of 35
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Council, before I mention Item No. 10, which is an Executive Session, I will
note that I did receive a letter today from the MDA and it's to recognize what our
firefighters have done in support in their Fill The Boot fundraiser to benefit MDA. On
June 27th and 28th these dedicated men and women had a goal to raise 18,000 dollars
and through their efforts they surpassed that goal and raised 22 -- over 22,000 dollars.
As you know that the funds raised from the Fill The Boot event are used in Ada County
to provide services for those families that are living with muscle diseases and so this
letter is a thank you. I will get you each a copy and I did want to note that exceeding
their goal and every year they do a phenomenal job and it just shows the generosity that
our citizens have in this community to support worthy causes like that for families or to
benefit families within our county. So, hats off to our firefighters and, Perry, if you will,
please, extend our congratulations and appreciation.
Item 10: Other Items
A. Executive Session Per Idaho State Code 67-2345(1)(f): To
Consider and Advise Its Legal Representatives in Pending
Litigation
De Weerd: Okay. Council, at this time I would entertain a motion to adjourn into
Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Hoaglun: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session per Idaho --
or per Item -- agenda Item 10-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.
EXECUTIVE SESSION: (8:35 p.m. to 11:17 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Meridian City Council
July 19, 2011
Page 33 of 35
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
De Weerd: Item 11 is other future topics. Anything for the good of the order?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't know if this is a future topic or just a topic of information. You all may
or may not know the Tiger grant -- or the new Tiger grant application process is
underway. Tiger Three. ITD has asked COMPASS to take the lead on submitting a
grant for the Meridian interchange and they apparently are going to match up to about
seven million dollars of the 35 million dollars projected cost and what's being discussed
is whether or not it's worth the effort to complete the grant in the time it's going to take
COMPASS and our staff to do it. Given the outcome of the last grant application and
what the trend was is that those applications that were approved last time had
something on the order of 30 to 50 percent match, which would mean somebody would
have to come up with three and a half million dollars to add to what ITD has indicated
they would match and that's being discussed right now at COMPASS and with our staff
and at some point in time it may be decided that if there is a private entity or funds
available out there somewhere that can come up with that match, then, maybe we move
forward with the grant application or maybe we would -- I think Brad mentioned 400 of
the 500 million dollars that's going to be allocated anyway. I made the point that we
learned yesterday in the COMPASS meeting that ITD has been shopping around for
projects to try to utilize the 25 million dollars worth of federal aid they couldn't get
obligated this year, because it didn't get spent on (unintelligible) that's why can't they
accelerate projects in previous years in the prior -- in the upcoming years and to use
that money, which they will, and, then, dedicate a little bit more federal aid and dispatch
that project. So, that may be discussed (unintelligible). Anyway, just for your general
information. We'll probably have more about that.
Hoaglun: And, Madam Mayor, just to note, a reminder that I will be gone next week to
Washington D.C.
Zaremba: And Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
July 19, 2011
Page 34 of 35
Zaremba: This is a -- I guess a future meeting topic potential and the question is
whether we want to consider something or not. I was contacted by a gentleman and I
know Keith was contacted by him --
Bird: And I forgot. I had a funeral come up Monday and couldn't meet with him.
Zaremba: Well, I -- I hooked myself onto what was going to be your meeting with him
and, then, it ended up just being me. Although I did suggest that he still try and talk to
you, but we may have -- the question is -- it's a gentleman who wants to get adoor-to-
door sellers permit who has a felony conviction that requires him to register as a sex
offender. He claims that it was aone-time event, he's been clean for many, many
years, he has gotten that permit in both Kuna and Nampa, because, apparently, their
provisions are different from ours that have some grace period if you have been clean
and he is asking if we would care to consider making some changes to our ordinance
that would give some grace if somebody's been clean for a lot of time. So, my question
is do we want to discussion that or -- I see the chief shaking his head.
Bird: Let's see what they have to say. That's what I was going to say, what does chief
and the legal say?
Zaremba: We spent about two hours together, so I could -- I could give you the five
minute version of what he claimed happened, but I guess my main question is not just
about him, but about everybody. Do we want to think about some grace -- somewhere
after a certain amount of time of being clean?
De Weerd: Before I ask the chief to respond. We are a family friendly community and,
you know, it's hard to say there is a blanket judgment on everything, because I -- I
understand nothing is black and white, but who is to judge? And I know the police
department has talked with the same gentleman, but certainly -- I had to get my two
cents in. Chief.
Lavey: Well, Madam Mayor, Council, I --
Zaremba: Well, that would be a major -- that would be a major issue is how would we
administer the exceptions if we made them. So, I don't know how Nampa or Kuna does,
but --
Lavey: You're heading down a slippery slope and you have to ask yourself why are you
clean, because when you're in prison you have a clean record and I'm not saying that's
the case here, but I'm saying you have to look at every individual case and they got that
designation for a reason and I believe that a court should be the one that removes that
designation and we could accept that, but us to be the deciders of that, that's a slippery
slope and I don't want to be the one that does that. But I'm sure my peer over here has
a comment as well.
Meridian City Council
July 19, 2011
Page 35 of 35
Nary: I couldn't say it better. I don't know how to put degrees to sex offender status.
There is no protective status to being a sex offender. So, if that's -- if that's a reason
that disqualifies you -- there was an intention that we put that into the ordinance when
we created it and I guess, you know, the easy thing for me to respond to a member of
the public that asks that question is who do I want to defend, the Council that doesn't
provide -- the city that doesn't provide door to door or mobile licenses to people that are
on sex offender registration lists or defend ourselves against the person who gets
accosted by that person. We tried to put those into play for a valid reason and I know
that the reasons changed. I think the person is claiming that there is some grace period
at some point that it doesn't apply, but I think the chief is right, that's for a court to
decide that you don't belong on the registration anymore or the legislature.
De Weerd: And -- yeah. And the court does allow you to go through a process of
dropping that.
Nary: It does.
De Weerd: And, then, you're no longer on the list. Yes.
Nary: Yes.
Bird: I agree with the -- I agree with the legal area.
Zaremba: Thank you. That gives me an answer to give him.
De Weerd: Okay. If there is nothing further, I would entertain a motion to adjourn.
Bird: So moved.
Hoaglun: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 11:25 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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APPROVED
CITY CLER