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HomeMy WebLinkAbout2012-06-19~E IDIZ IAN,- ~J CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 19, 2012 at 7:00 PM 7:03 PM 1. Roll-Call Attendance X David Zaremba O Brad Hoaglun X Charlie Rountree X_ Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by David Brown with the LDS Church 4. Adoption of the Agenda Adopted with Addition of Item 12 5. Consent Agenda Approved A. Findings of Fact, Conclusions of Law for Approval: AZ 12-001 Ustick LDS Stake Center by Church of Jesus Christ of Latter- day Saints Located at 3775 E. Ustick Road Request: Annexation of 7.67 Acres. of Land from RUT (Ada County) to the R-8 (Medium Density Residential) Zoning District B. Final Order for Approval: FP 12-009 Spurwing Greens No. 2 by Lion Land LLC Located a Quarter Mile North of Chinden Boulevard; East of N. Jayker Way Request: Final Plat Consisting of 24 Residential Building Lots and Two Common Lots on 16.87 Acres in an R-2 Zoning District C. Interlocal Agreement Between the City of Boise and the County of Ada and the City of Meridian for Development of Interface Between The New World System and Incident Tracking for an amount not to exceed $28,800.00 D. Award of Bid and Approval of Agreement for "Pressure Zone 1 PRV Construction" to Cascade Pipeline for aNot-To-Exceed amount of $234,150.00 Meridian City Council Meeting Agenda -Tuesday, June 19, 2012 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. E. Approve Minutes of June 5, 2012 City Council PreCouncil Meeting 6. 7. 8. F. Approve Minutes of June 5, 2012 City Council Regular Meeting Items Moved From Consent Agenda None Community Items/Presentations A. Public Works Donation to Meridian Food Bank (Pg. 3-5) Action Items A. Public Hearing on the Draft Community Development Block Grant (CDBG) Five-Year Consolidated Plan (2012-2016) and Open 30-day Public Comment Period Public Hearing and Comment Period opened and continued to the City Council meeting on July 24, 2012 (Pg. 5-12) B. Public Hearing on the Draft Community Development Block Grant (CDBG) Annual Action Plan for Program Year 2012 and Opening of 30-day Public Comment Period Public Hearing and Comment Period opened and continued to the City Council meeting on July 24, 2012 (Pg. 5-12) 9. Department Reports A. Public Works: Approval of Agreement with Ada County Highway District (ACHD) for Construction of the Meridian Split Corridor Phase 2 Project Concept of agreement approved with language clarity -final agreement scheduled for City Council on June 26, 2012 (Pg. 12-17) 10. Ordinances A. Ordinance No. 12-1516: An Ordinance for Annexation of a portion of land located at 3775 E. Ustick, in the Northeast 1/4 of the Northwest 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, . (AZ 12-001 -Ustick LDS Stake Center) Approved (Pg. 18) B. First Reading of Ordinance No. 12-1517: Nuisance, Solid Waste, and Noise Code Updates Second reading and public testimony scheduled for City Council on June 26, 2012 (Pg. 19-22) Meridian City Council Meeting Agenda -Tuesday, June 19, 2012 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. C. First Reading of Ordinance No. 12-1518: Animal Control Code Updates Second reading and public testimony scheduled for City Council on June 26, 2012 (Pg. 22-24) 11. Future Meeting Topics None Amended onto the Agenda 12. Executive Session Per Idaho State Code 67-2345 (1)(c)(d): {c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code. Into Executive Session at 8:04 PM Out of Executive Session at 8:47 PM Adjourned at 8:47 PM Meridian City Council Meeting Agenda -Tuesday, June 19, 2012 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 June 19, 2012 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, June 19, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Charlie Rountree. Members Absent: Brad Hoaglun. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Clint Dolsby, Kyle Radek, Lori den Hartog, Tom Barry, Chris Amann, Tracy Basterrechea, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order. Thank you for joining us here this evening. For the record it is Tuesday, June 19th. It's a few minutes after 7:00. We will start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by David Brown with the LDS Church De Weerd: Item No. 3 is our community invocation. Is David Brown here? I'm not seeing him. We will go ahead and skip that. Item 4: Adoption of the Agenda De Weerd: And move to Item No. 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda, Item 10-A is the ordinance that is proposed number 12-1516. B is proposed 12-1517. And Item C, the proposed number for the ordinance is 12-1518. Meridian City Council June 19, 2012 Page 2 of 25 And also it has been requested to have Item 12, which will be an Executive Session per Idaho State Code 67-2345(1)(c) and (1)(d). Rountree: Second. Bird: With that I move we accept the amended agenda. Rountree: I still 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: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law for Approval: AZ 12-001 Ustick LDS Stake Center by Church of Jesus Christ of Latter-day Saints Located at 3775 E. Ustick Road Request: Annexation of 7.67 Acres of Land from RUT (Ada County) to the R-8 (Medium Density Residential) Zoning District B. Final Order for Approval: FP 12-009 Spurwing Greens No. 2 by Lion Land LLC Located a Quarter Mile North of Chinden Boulevard; East of N. Jayker Way Request: Final Plat Consisting of 24 Residential Building Lots and Two Common Lots on 16.87 Acres in an R-2 Zoning District C. Interlocal Agreement Between the City of Boise and the County of Ada and the City of Meridian for Development of Interface Between The New World System and Incident Tracking for an amount not to exceed $28,800.00 D. Award of Bid and Approval of Agreement for "Pressure Zone 1 PRV Construction" to Cascade Pipeline for aNot-To-Exceed amount of $234,150.00 E. Approve Minutes of June 5, 2012 City Council PreCouncil Meeting F. Approve Minutes of June 5, 2012 City Council Regular Meeting De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 19,2012 Page 3 of 25 Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as published. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Community Items/Presentations A. Public Works Donation to Meridian Food Bank De Weerd: So, we will move to Item No. 7-A, which is Public Works Department and a presentation to the Meridian Food Bank. Barry: I'm just going to turn this around. Great. Thank you, Madam Mayor, Members of the Council. Tom Barry, Public Works Department Director, for those of you in the audience. I appreciate this opportunity to the talk with you about Meridian Public Works Week, which was a celebration we held in late May of this year. Last month you might know that the department participated in the National Public Works Week events that was a celebration of tens of thousands of men and women across the United States and Canada that participate in leading the development of the programs, plans, projects and services for the greater good of the community. The American Public Works Association is the organization that we are members of and puts on this event and it involves 28,000 member organizations and staff. In Meridian we use this opportunity to build awareness of the programs, plans, projects and services that our Public Works professionals in and around Meridian lead to improve the quality of life for all of the citizens that we serve. This was the fourth year, as you might know, that we participated in the event and I want to just at this point in time recognize Kyle Radek and, Kyle, if you wouldn't mind joining me for a moment. Kyle is our assistant city engineer in Public Works. This was a great moment for Kyle. Kyle was last year our chair for the Public Works Week committee. He again volunteered, stepped up this year and served as our chairman for the Public Works Week committee and did a tremendous job and actually was looking for ways to improve upon last year and also looking for ways to expand the various types of activities for the week and I wanted to recognize him for his efforts as well. This year we were able to add a Public Works golf Meridian City Council June 19, 2012 Page 4 of 25 scramble, which was a charity golf scramble, which raised an additional 500 dollars or so and in addition we also had a number of other events that we added. The Poop Scoot grew again this year, which was great to see. As part of this year's Poop Scoot event we have the entrance fee. And for those of you who don't know what that is that's a fun run-walk, 3K, 5K, fun run-walk. The entrance fee we decided this year instead of being free was actually going to be a can or a food item that we could donate to the Meridian Food Bank and that particular event alone helped us raise about 225 pounds of food that we donated to the Meridian Food Bank. So, we are really excited about this event. As in years past our Public Works Department has teamed up with engineers, consultants, and contractors, as well as other public works providers to enhance the experience of this event. This year we had over 15 sponsors and partners who together have contributed nearly 4,000 dollars to make this event possible. I want to recognize them here. It's a long list, but it's worth mentioning, because we rely on sponsorships to help make this program work. They are CH2M Hill, Civil Survey Consultants, GSI Water Solutions, Incorporated, Hydrologic, JUB Engineers, Keller Associates, Murray Smith & Associates, Parametrics, Republic Services, Incorporated, Star Construction, Teo Engineers, HDR, Project Engineering Consultants, Ltd., Sesco, and Western States Cat. Now, in addition to that list we had more than 35 other businesses sponsor the event by donating in kind either through services or through coupons and discounts and even prizes for the various events that we held through the week. So, that's a huge list of sponsors that we are very very proud to call partners in this event and we are so excited, because this event couldn't be possible without them. Thanks to Kyle and the Public Works committee for helping to bring those sponsors together and helping this event be possible. Now, in years past we have collected the proceeds of the week long event and we are pleased to donate them to a local nonprofit organization that does a tremendous amount of good for our community here at home and that is the Meridian Food Bank. Last year we participated with the Meridian Food Bank and we raised about 2,200 dollars that we donated for the bank for the week's activities. This year we were able to raise nearly 225 pounds, as I mentioned of food, but we were also able to increase our funding through donations and sponsorships by 45 percent to the Food Bank for a total of 3,400 dollars. So, it's with great pleasure that I present to the Meridian Food Bank tonight our collected food, which has already been delivered. We didn't want it to spoil. But also a check. And I have some sad news and some good news. It says 3,200 dollars. We just finalized our accounting and it's actually 3,400 dollars that we are able to present to you. De Weerd: Wow. Barry: So, the check wrong is, but we have -- the real one is going to be right. So, if you wouldn't mind coming up. Dan Clark is the founder and chairman of the board for the Meridian Food Bank and also Pat Porter is a board member of the Meridian Food Bank. It's with great pleasure that on behalf of the Public Works Department -- and I'd like to get Kyle in this, too, because he has so much behind the scenes work. We'd like to give you that check. There you go. Would you like to say anything or -- you don't have to. Meridian City Council June 19, 2012 Page 5 of 25 Porter: Pure appreciation. I tell you. It goes a long way. De Weerd: Dan, you need to speak into -- Barry: I was hogging the mike. I'm sorry. Clark: We found that 20 dollars a month will feed one kid in the backpack program, so when you talk 3,400 dollars you're talking a lot of kids and probably where this is going to go, since we are getting ready for next year's backpack program. So, thank you. De Weerd: Fantastic. Barry: Lastly I do want to recognize the Meridian City Council and our beloved Mayor for your support in this event. To be able to do this four years in a row now and watch it grow and watch us touch more and more people in our community, both through the educational opportunities that we provide, but also through the tangibles, like this kind of relationship we have forged with the Meridian Food Bank, it just warms all of our hearts in Public Works and I just thank you for that opportunity and your support. De Weerd: Thank you, Tom. Bird: Thank you and your staff. De Weerd: Well -- and Kyle took off -- oh, there you are. We certainly appreciate you doing this again, Kyle. Had heard great feedback from the public in regards to all the activities that week from the tour, which was, again, wildly successful and appreciated the fun run and the exhibit here at City Hall. Great job. You show a lot of pride and I think that that resonates to our public that is appreciated. So, thank you so much. Item 8: Action Items A. Public Hearing on the Draft Community Development Block Grant (CDBG) Five-Year Consolidated Plan (2012-2016) and Open 30- day Public Comment Period B. Public Hearing on the Draft Community Development Block Grant (CDBG) Annual Action Plan for Program Year 2012 and Opening of 30-day Public Comment Period De Weerd: Okay. Item 8-A under Action Items is a public hearing on the draft Community Development Block Grant and I will turn this over to Lori. Den Hartog: Madam Mayor, if I could request -- could we open Items 8-A and 8-B together? De Weerd: I guess. Yes. Meridian Cily Council June 19, 2012 Page 6 of 25 Den Hartog: Thank you. De Weerd: I will open up the public hearing on Item 8-B as well. Den Hartog: Thank you, Madam Mayor, Members of the Council, we are here before you this evening to present the draft 2012-2016 consolidated plan and the 2012 annual action plan for our Community Development Block Grant program. This evening we will -- I will review some of the information in the draft plans and answer any questions that you might have. So, just a little background on the consolidated plan. A consolidated plan is required of any city, county, or state that receives federal block grant funding for housing and community development. The plan identifies the city's housing and community development needs, priorities, goals and strategies and the plan directs the city's spending priorities for the Community Development Block Grant funding for the next five years. In terms of the process in the development of our plan, the city retained ABC Research and Consulting last fall for assist with the research and preparation of our analysis. of impediments to fair housing choice report, which was adopted in April of this year and our five year consolidated plan. The consolidated plan development began in the fall of 2011 with resident and stakeholder surreys and interviews. One of the -- we learned a lot as we were going through the development of the consolidated plan. The top needs and priorities that were identified in the city's area of greatest need is in downtown. All three of the identified low to moderate income census blocks are in downtown Meridian. This area accounts for the oldest housing stock in the city and the lowest average home sales price. The average sales price for 2010 was 103,000, which was 63 percent less than the city's overall average sale price for that same year. Over 1,000 households were determined to be at risk of homelessness in Meridian and the way that that's defined is households that are extremely low income, they are houses that own 30 percent of median family income and pay more than 50 percent of their gross income for their housing needs. So, that's how that 1,000 households at risk of homelessness is defined. There was found to be a shortage of over 1,000 affordable rental units available to those households earning less than 25,000 per year. Again, an affordable rental unit is defined as not being -- as being less than 30 percent of their gross income. Conducting our resident survey, we had 330 respondents. Thirty-eight percent of the renter survey respondents said they were extremely interested buying a home in Meridian. Seventy-three percent of those renter surrey respondents said they had not purchased a home, because they do not have money for a down payment and that becomes important later as we talk about what types of activities we are proposing to fund. I know this chart is small. One of the things we ask our residents to respond to in the survey was to identify their top needs and priorities and there were seven sections there and the top services that the residents identified out of each of those segments -- for community facilities the top priority was youth centers. For infrastructure the top priority was sidewalk improvements. Under community services youth activities were the highest priority. Under neighborhood services cleanup of abandoned lots and buildings was the highest. Under business and jobs, job creation and retention was the highest priority and in housing energy efficient improvements were the highest. Out all seven categories, the one that rated the highest out of any Meridian Cily Council June 19, 2012 Page 7 of 25 category in any option was job creation and retention. Through the process we also worked with our stakeholders and service providers, those organizations within the community that are serving our low to moderate income residents and we ask them to identify what they believe to be the greatest housing and community development -- community development needs. Excuse me. They identified downtown redevelopment. They wanted to see an improved area. Because our low to moderate income households are concentrated in the downtown area they would like to see more services and the area improved for those households. Affordable housing was a top priority and services for persons at risk of homelessness was a top priority. So, based on the needs and priorities that we heard from our residents and from our stakeholders we identified three strategies and related objectives to address those needs. The first strategy is to improve access to affordable housing opportunities for Meridian residents. You will see there that the objective is to address the need for affordable decent housing by supporting a down payment assistance program for qualifying households. We have done this in years past and we have had a great deal of success in working with our community partners to achieve that. Our five year anticipated outcome is to assist seven households through that program. The second strategy is to improve the life of Meridian residents with special needs and residents at risk of homelessness. We have two objectives with that. Objective 2.1 is to support public service activities that serve the city's LMI residents. This could be done in a number of ways. We have done this by supporting the Meridian Food Bank and services through the Boys and Girls Club in the past. Objective 2.2 is to invest in public facility improvements that serves persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas or serving LMI residents. We have done this in the past with improvements to some of our park facilities and to our community center. Our anticipated outcome for the next five years is to fund and complete three public facilities under this -- under this objective. The third and final strategy is to improve economic opportunities in the city's low to moderate income areas. The first objective under that is to support public service activities that provide employment training or job creation and retention for the city's low to moderate income residents. Our five year anticipated outcome is to assist 20 residents under this objective. The second objective under the strategy is to invest in public facility improvements or activities in the downtown area that address one or more of the conditions which contributed to the deterioration of the area and our anticipated five year outcome for that is two businesses or public facilities. We anticipate working closely with the Meridian Development Corporation in achieving that objective as well. So, moving on into how that impacts our action plan for the next year, as you know our action plan and our program year start on October 1, so our estimated entitlement for this coming year is just over 256,000. Our public service dollars are capped at 15 percent of the allocation. That's a federal requirement. And administration is capped at 20 percent of the allegation, although this year were are allocating just 18 percent for administration. For the public service applications I was before you about a month ago presenting the applications that we had received through our outreach to our service providers. We had two applications submitted for a total funding request of just over 78,000 dollars. Available funding for this program year is 38,500 dollars. The scoring committee recommended partial funding for both of these applications. The first was hunger Meridian City Council June 19, 2012 Page 8 of 25 relieve for the Meridian Food Bank and we are recommending 26,500 dollars for that. And this relates to consolidated plan objective 2.1 that I was just discussing, with an anticipated outcome of 2,000 persons assisted. I will say that that is a low number and looking at the numbers that we receive on a monthly basis from the Food Bank -- and certainly ours are not by any means the only dollars being contributed to the Food Bank, but they serve a lot more than that throughout the year. The second public service project that we are proposing to fund this year is a job training and placement program for Meridian seniors, in coordination with Open Lines Training and we are proposing a funding amount of 12,000 dollars for that program to address our objective 3.1, which ties back to that job creation and retention. And, again, we are anticipating ten seniors to receive job placement and training through this program. For our nonpublic service applications we received four this year, for a total funding request 300,000 dollars. Available funding for these type of applications was 172,000. The scoring committee recommended three of these applications for funding at varying levels. As you recall when I was before you in May, there was a fourth project that we did not recommend for funding was one submitted by the Meridian Development Corporation for street lighting and we recommended to not fund that, because it would have triggered the Davis Bacon requirements for the entire split corridor roadway project, which is something we did not want to impose on everyone. So; with that, the three programs and the three applications that we are proposing to fund are two down payment assistance programs, one through Neighborhood Housing Services and one through the Ada County Housing Authority, both for 21,000 dollars for a total households assisted at three. The reason they are different in the same amount of funding, they set up their programs a little bit differently and they can choose, so it could be more households than that, but the two organizations can choose how much assistance to provide the time qualifying households. And the third project we are proposing to fund this year is the 8th Street Park A.D.A. accessible restroom facility. This is our only park facility that does not have a restroom. We are proposing a recommended funded of 130,000 and that's for design and construction and to address consolidated plan object 2.1. So, with that the schedule that we have had in place and moving forward, we had this evening's presentation, which opens up the comment period on both the five year plan and the one year action plan and, then, looking to come back before you at end of the line to close the public hearing and present any comments that we might have received and, then, forward the adopted plans to the U.S. Department of Housing and Urban Development for review. Comments can be submitted to me directly throughout this comment period, people are welcome to stop in, provide written comment, give me a phone call, shoot me an a-mail or provide testimony in front of you here. So, with that I'm happy to answer any questions that you might have. De Weerd: Thank you, Lori. Questions from Council? Bird: I have none. Rountree: Madam Mayor? De Weerd: Councilman Rountree. Meridian City Council June 19, 2012 Page 9 of 25 Rountree: Lori, on the public service applications, what -- what are the qualifications to be a senior? Is it age and income? A combination? Den Hartog: Madam Mayor, Councilman Rountree, it is age and income and I have looked after our last meeting and everyone has a different definition for senior. I believe for HUD it was 65. So, we will set that up with Open Lines Training, but we are looking for seniors that also are below the moderate income. And from what I have discussed with Open Lines Training, it doesn't sound like they will have difficulty finding -- finding people who want to participate in the program. Rountree: And follow up on that -- on that particular project, is there follow up in terms of the effectiveness and placements of the folks and some kind of monitoring to maybe make the program even better? Den Hartog: Yes. Madam Mayor, Councilman Rountree, that's absolutely one of the things that I will be doing this year working with Open Lines Training as they submit for reimbursement for their expenses to run this program. One of the requirements will be to identify how many people they have reached out to, how many people they have assisted, and how many seniors have actually been placed in jobs. They have requested a higher amount of funding because it's the first time we have done a project like this and this is the first time we have worked with this particular organization. We proposed a lower amount just to kind of see how it goes this first year and to see if we get the type of results that they are anticipating. So, that will be one of the things when I come back to you in a year and report I will be able to report to City Council what types of achievements we have actually seen throughout the year. Rountree: Thank you. De Weerd: Any other questions from Council? Bird: I have none. De Weerd: This is a public hearing. We are taking public testimony on Items 8-A and B. Is there anyone who would like to offer testimony on this item -- on these two items? Yes, sir. Come on forward. Thank you for joining us. If you will, place, state your name and address for the record. Carter: Okay. My name is Brian Carter. I'm at 2860 North Mule Deer Way in Meridian here. De Weerd: Thank you. Carter: For the training -- if I may. I don't recall your name. Den Hartog: Lori. Meridian City Council June 19, 2012 Page 10 of 25 Carter: Lori. For the training for the seniors that are 65 years or older, where will this training occur at, perhaps? Do we have any idea where that training might occur? Den Hartog: Madam Mayor, Members of the Council, training will take place -- Open Line Training is a business that's located in downtown Meridian, so they anticipate doing the training and providing these skills workshops at their location in downtown Meridian or at the new Meridian senior center. I know that they have been in discussions with the senior center to coordinate with that. Carter: So, at the new -- De Weerd: Thank you, Lori. Carter: At the new -- De Weerd: If you will just direct your questions through me and -- Carter: Okay. So, there will be training, then, at what appears to be a private business location and at a public facility, is that what I understand, that private being the downtown location and, then, the public location being at the senior center now in, as I understand it, Julius -- De Weerd: Julius M. Kleiner Park. Carter: Right. De Weerd: Those details would have to be worked out. At this point it's just a proposal. Carter: Okay. De Weerd: So -- Carter: So -- because my parents had seen this and they were very interested in seeing what type of training they could receive. They are over the age of 65 and so I was researching this for them. They, like me, do also carry and they do know that private property -- people do have the ability to say, you know, cannot open carry -- conceal carry -- Idaho Code 18-3302, Subsection 7, but 3302Q) does -- is a preemptive law which says public facilities can't pass any rules, laws, or anything like that banning the carrying of firearms, but that presently is the case at Julius M. Kleiner Memorial Park on one of the plaques there near the -- near the facility and my parents were concerned about whether or not they would be called upon -- or, you know, just wanted to be sure that where ever the training is going to be held at that the responsibility of the City of Meridian and the public department -- parks and rec is able to rectify that no firearm emblem on the Julius M. Kleiner big map thing that's to the -- I guess to the south of the Meridian City Council June 19, 2012 Page 11 of 25 stand -- where you stand at the senior center and that's -- I want to make sure that they are aware that they can take the training in a place where they can -- De Weerd: Well, if it's in the senior center that is a nonprofit Carter: Oh. Okay . De Weerd: It is not a public facility. Carter: Oh. Okay. I wasn't even aware of that. De Weerd: So, they are a nonprofit organization. If they were inside their building that would be different and, Mr. Nary, perhaps you can address the park. Nary: As you stated, Madam Mayor, Member of the Council, the senior center in the Julius M. Kleiner Park is a private facility. They can prohibit the carrying of firearms in their building. Carter: But on -- in the park itself are they -- because they will be traveling through the park to get to the facility. Nary: Right. The park isn't prohibited, just this facility. Carter: No. But there is a marker emblem in the -- in the park itself that says no firearms allowed. Nary: I'm not aware of that, so I would -- Carter: And so I would just encourage -- Nary: Where is the marker related to -- Carter: -- the City of Meridian to look into that to insure that it is in compliance with the preemptive firearm law that the state of Idaho has. De Weerd: Well, perhaps after this our parks director is sitting in back of the room and he can talk with you privately. Carter: All right, then. De Weerd: Okay. Carter: As far as my parents being trained to some things, perhaps if that might be the case and it's wonderful to see the Council considering these type of things for our seniors. Meridian Cily Council June 19, 2012 Page 12 of 25 De Weerd: Okay. Thank you, sir. Is there anyone else who would like to provide testimony on this item? Seeing none. Steve, did you want to go out and talk with that gentleman? Thanks. Den Hartog: Madam Mayor, Members of the Council, with that I would just request that we leave this item open and I will be back before you at the end of July requesting adoption of both that five year consolidated plan and the 2012 action plan. De Weerd: Thank you so much. So, these two items will continue for the 30 day public comment period and they will -- we do need to officially continue this public hearing? Nary: Yes. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we continue the public hearing on Items 8-A and 8-B for a public comment period to conclude on our regularly scheduled meeting of July 24th, 2012. Rountree: Second. De Weerd: I have a motion and a second to continue these two items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Public Works: Approval of Agreement with Ada County Highway District (ACRD) for Construction of the Meridian Split Corridor Phase 2 Project De Weerd: Item 9-A under Department Reports, I will turn this over to Clint. Dolsby: Thank you. Madam Mayor, Members of the Council, I'm here to present the agreement between ACRD and the City of Meridian for the construction of split corridor phase two project for your consideration. A couple things to consider in this agreement. First of all, the city will not be paying for project admin traffic control and mobilization. That's typically a shared cost between the city and ACRD. In this particular agreement ACRD is going to take the full weight of that cost. Also the alternate accesses, which were originally estimated at a cost of one million dollars, it would be split 50-50 between the city and ACRD, so it would be 500,000 for each. We have received the bids on Meridian City Council June 19, 2012 Page 13 of 25 those and the total bid makes the city's share of that cost 124,000 dollars, instead of the originally estimated 500,000 dollars. De Weerd: Wow. Like the sound of that. Dolsby: Yeah. Yeah. So did we. De Weerd: Good job. Dolsby: And, lastly, ACHD is proposing to split an incentive that they'd like to offer the contractor for early finish 50-50 with the city based on the ratios of cost between the city and ACHD, the max cost to the city would be approximately 90,000 dollars for this incentive if the contractor finished as early as possible on the project. So, with that I'd stand for any questions. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: There was some discussion about how the last item was calculated that -- the numbers that you're stating are the 50-50 split that was -- Dolsby: Madam Mayor, Councilman Zaremba, yeah, that is correct. A 50-50 split. Zaremba: Okay. I would add that I personally support that, particularly the savings on the other two items and whatever we can do to help our businesses. We had talked different percentages some other time, but I'm -- I'm comfortable with a 50-50 split. De Weerd: Well -- and I know Adam had a comment, as did Caleb. So, arm wrestle Zaragoza: Madam Mayor, Members of the Council, for the record Adam Zaragoza. ACHD project manager. I just wanted to clarify the last item that Clint presented and maybe because the current staff member that's been working with us on it is not here, but the proposal that was on the table was for the city to split the incentive up to 350,000 dollars, so that would put the total cost to the city at 175,000. I just wanted to be clear on that versus the 90,000 that was proposed. De Weerd: So, Adam, I wasn't part of the discussion, but is -- is there going to be a penalty if they do not finish on time? Zaragoza: Yeah. Madam Mayor, Members of the Council, the way that equation was worked out it's 4,000 dollars per calendar day. That 4,000 dollars per calendar day will equate to the back end if they do not finish on time and we will split that cost back with the city at 50-50, too. Meridian City Council June 19, 2012 Page 14 of 25 De Weerd: Okay. Council, any questions for Adam while we have him here? Rountree: Madam Mayor, I'm confused on the two amounts for the incentive. An amount not to exceed 175, but the amount estimated is 88,000? Dolsby: Madam Mayor, Councilman Rountree, on a maximum total to the city of 175,000 dollars for the incentive, but based on a ration of the city's project costs to the ACHD project cost, the maximum cost to the city would be 89,000 dollars is the figure that I had, based on the bids that have come in I'm guessing. I don't know if Adam would like to clarify. Zaremba: I would comment on that. That's -- that's kind of why I asked my question. We went away from the ratio of cost, I think, when ACHD proposed 50-50, that the ratio of cost was an earlier estimate and your number is probably accurate if you're using that ratio, but the discussion was to use a different ratio and that would be 50-50 and I'm -- as Ihave stated, I'm comfortable with the 50-50. Rountree: Still confused, Madam Mayor. Zaremba: That would -- the 85, 89 thousand dollar figure uvould -- would not be relevant. It would be -- the 175 would be the potential exposure. Zaragoza: Yeah. That would be the max that the contractor would get paid from the city. At least that's the last total that we sent to the staff. De Weerd: And Councilman Rountree -- Rountree: I was confused about the comment that Clinton made that ACHD would do the traffic control and all of that stuff. That's our position, not ACHD's position? Zaragoza: I can touch on that. Clint is kind of in a bad spot here, because Tim is out sick, so I will try to cover for that. But when we looked at the traffic control amount, basically with the roadway being shut down we would probably spend more in administrative fees between the two agencies than actually paying for the traffic control, so we went ahead and just waived that part of the city reimbursement back to the city -- Rountree: Okay. Zaragoza: -- while the road was shut down. Rountree: Okay. All right. Now it all makes sense. De Weerd: Well, that's what we live for. Nary: Madam Mayor? Meridian Cily Council June 19, 2012 Page 15 of 25 De Weerd: Mr. Nary Nary: Madam Mayor, Members of the Council, in looking at the agreement, though, if I could ask Adam, I don't see language in regards to the incentive in this agreement. This cost share agreement has sections on the -- the -- it's in the memo that was prepared, but it's not in the agreement itself. Am I missing something? Bird: I don't know. The last agreement that we sent over to the staff -- Nary: The one that's in front of the Council tonight was dated last week as a final, but I don't see anything regarding the incentive. I only see the -- the section deals with the -- Imean Iguess it's something if we -- is it all right if we don't approve it tonight, if the Council's direction is to approve that, that we make sure that's in here, because I'm not seeing -- all I'm seeing is these large numbers in regards to the lighting project, the sewer project, and the cost share in regards to the landscape project of the free right turn. But I don't see anything in regards to the incentive. Zaragoza: And I can't speak to that, because I know the last one that we sent over to the staff included the 50-50 language. De Weerd: Okay. So, would it be all right if we didn't approve it tonight, if that's the Council's direction, and we get that worked out and approve it next week? Zaragoza: If we can get the Council direction that the Council would support it 50-50, my plan is to take it to the commission next week with your position on that -- your position on that, on the 50-50 split and, then, we can sign -- get the three parties to sign between MDC, ACHD and the -- Nary: All right. De Weerd: Okay. Anything further from -- Dolsby: Madam Mayor? De Weerd: Yes. Dolsby: Madam Mayor, Members of the Council, in Section 6.4 of the agreement that I have in front of me -- I think it's the -- the third line, it says that city shall also be responsible and shall reimburse ACHD for one half of any early completion incentive costs that may be paid to the construction contractor. I wasn't sure if that was the same one we were looking at. That's the one I have in front of me. It's Section 6.4. Looks like it's the second sentence. It's on page six. Nary: Yeah. Madam Mayor, Members of the Council, I guess my only concern is all they are talking about there is the -- I guess most of what they are talking about in that Meridian City Council June 19, 2012 Page 16 of 25 section is the sewer project. Not the overall project. So, I guess -- I think if the city is going to be responsible for a portion of an incentive, that to put it in the middle of the section dealing with the sewer project might be very misleading, if that's where it was supposed to be. And since we called out every other section of this agreement in regards to the project and the phases, it probably makes more sense to have it by itself. If the Council direction is to pay that. So, if we could clean that up we could put it on next week. Zaragoza: Certainly. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would suggest that I am in favor of what we are talking about, the split on the incentive and possibly the penalty would be 50-50. And if that takes some cleaning up of the wordage and we can actually pass that next week, that's fine, but I'm -- I would suggest that we go that direction. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't see any place in here where it says 175 is going to be our -- our top dollar value. De Weerd: Well, if we can get agreement to the concept, we can work with ACHD to clean up the language, to put the cap in there and put it in the --amore transparent place, so it's easier to find. That -- with Council's direction we can certainly do that. I guess what we need to know is is that what the majority of you believe. We know what one thinks. Rountree: Well, I kind of like the way the contract's written right now. Bird: It will come back to hang us somewhere. Rountree: But I'm okay with moving ahead with the inventive. We need to get this project done as fast as we can, whatever it takes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council June 19, 2012 Page 17 of 25 Zaremba: Just to confirm with us and with Adam, our meeting would be on Tuesday, the 26th. Your commission meeting would be on Wednesday the 27th? Zaragoza: Madam Mayor, Councilman Zaremba, yes, that's correct. Zaremba: Okay. so, even though it's only like 24 hours before, that's still soon enough for you to act? Zaragoza: Yeah. Madam Mayor, Councilman Zaremba, yes, that's correct. Zaremba: Okay. De Weerd: And I think it would be fair if Council wanted to make a motion tonight on the document with the direction to staff to add clarity with specifics and to bring back a final version next week that will also give Adam a little bit more leeway in what he can indicate to the commission ahead of time. Even though you don't like to get things the day of. Zaremba: So moved. De Weerd: I didn't make any motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that in concept we approve the cost share agreement, with the clarity of working being made of the 50-50 split on the incentive and, actually, defining the not to exceed of 175,000 and accepting ACHD's offer to handle the road control and flagging costs and offer to handle the administrative costs. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Any further needed, Caleb? We are good? Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All eyes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Adam. Zaragoza: Thank you. Meridian City Council June 19, 2012 Page 18 of 25 Item 10: Ordinances A. Ordinance No. 12-1516: An Ordinance for Annexation of a portion of land located at 3775 E. Ustick, in the Northeast 1/4 of the Northwest 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, . (AZ 12-001 -Ustick LDS Stake Center) De Weerd: Okay. Under Item No. 10-A, Proposed Ordinance is 12-1516. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An Ordinance AZ 12-001, Ustick LDS Stake Center for annexation of a portion of land located in the northeast one quarter of the northeast one quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as described in Attachment A and annexing certain land and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian establishing and determining the land use zoning classification of said lands from RUT to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rule, and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1516 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. First Reading of Ordinance No. 12-1517: Nuisance, Solid Waste, and Noise Code Updates Meridian City Council June 19, 2012 Page 19 of 25 De Weerd: Item 10-B is Ordinance No. 12-1517. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An ordinance adding definitions of graffiti and nuisance materials to Meridian City Code, adding provisions to prohibit a nuisance graffiti and nuisance materials. Establishing abatement processes and penalties for failure to abate nuisance weeds, graffiti and nuisance materials. Establishing penalties for general nuisances, clarifying ownership of solid waste or recyclables. Clarifying public disturbance, noise time period, providing a savings clause and providing an effective date. De Weerd: You have heard this ordinance read by title only. And, Council, it is the first reading. Would you like to consider a motion waiving the additional readings? Rountree: Madam Mayor, I have a couple of comments that I'd like to bring up. De Weerd: Okay. Rountree: I'm not concerned about whether we pass it or not. The first question is -- and it's just an explanation to me is why is an abatable nuisance a misdemeanor and the other nuisances that are later described just an infraction, if you will? Nary: Madam Mayor, Members of the Council, I think when we brought this up last week we were trying to separate out the certain nuisances to require that they can be citable, so they can cite them at the time, but, then, there are other types of offenses that require court action, which is why they end up having to be misdemeanors. Otherwise, you could just continue to receive tickets and not actually abate the nuisance, so -- Rountree: Okay. My next comments come from a conversation I had with a gentleman last week, Thursday or Friday. He called and was very upset about the weed issue that he was dealing with in dealing with the city. On a positive note, he was very very complimentary of code enforcement. He thought they acted in a very professional manner. But he was very upset about the tone in the letter that he received about the violation and he indicated that the code enforcement officer really didn't have a lot of choice, that the letter contained information that it had to have and, in fact, in Section 4-2-3, paragraph B, of abatable nuisances, it goes out and explains and lists what the notice need to contain and I suspect it needs to contain that to be in compliance with the law and being able to site and being able to enforce -- and I don't know how you write it into the ordinance, but the letter -- and Trace and I have talked about this just a little bit ago, that it ought to be more of a positive tone. It comes across as being pretty harsh and, in fact, he was very upset that he was being threatened with the possibility of a thousand dollar fine and possible jail, because it is a misdemeanor and is explained as such in the letter. So, I don't -- I don't know whether you address it -- whether the ordinance has to be this strong. I guess that's my question. If it does, then, it's just a Meridian City Council June 19, 2012 Page 20 of 25 matter of working with code enforcement and getting the letter and the communication from the city more on a please and thank you basis. De Weerd: Well -- and, Mr. Rountree, if I can, we do have a please and thank you for the first number of letters and, then, there does come a point where the language is stronger. Rountree: And I can understand that. De Weerd: And from -- we did get a concerned citizen that made comment. I don't know if it's the same, but the one that we received, that was not the first letter that had been received. I think it was the fifth or sixth. I -- I don't recall what -- what number, but it was a number of letters down in the correspondence. Mr. Nary. Rountree: I know there is two sides to the story. The story I got was that there was -- it was the first letter and was offensive. Basterrechea: May I address that, Madam Mayor? De Weerd: Yes. Basterrechea: Some of the letters that have gone out were the first letters that were sent out. Because trying to track down who the actual owner was of that property or who was in charge of that property was -- was difficult to do. I did generate several complaints. Code Enforcement handled those complaints very well. But as part of the proactive approach towards the weeds in the city, because of issues we have had in the past, the initial letters that have gone out have been the letters that have said clean these up. One of the complaints has also been that it's complaint driven, which to an extent many of these issues are complaint driven by neighbors and other people in the city. However, code enforcement has been very proactive of going out and finding this property before the complaints come in and trying to address those issues. We have looked at the letter. We have reviewed it. It is pretty stern and I think there are some improvements that may be able to be made to that letter while still containing the information that we need a line out on what the penalties are. De Weerd: Tracy, were those -- was this the outreach to our repeat properties that have had weed -- Basterrechea: Many of them are from in the past. Not necessarily this year, but in the past, yes. De Weerd: Okay. So, it's not like this was the first touch from the city, but I do understand. There are certain things and points that we need to make, but there is a -- not gentle, but maybe the velvet hammer thing. Meridian City Council June 19, 2012 Page 21 of 25 Basterrechea: Exactly. And, to be honest with you, some of the complaint was, basically, if you would have started out the letter with please I would have taken it a lot better. It's something as simple as that. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment that I perhaps have had a conversation with what sounds like the same gentleman that we are talking about and I'm not sure he said it specifically, but I took it to be his first letter and I'm in line with what is being said, that I understand by the time you get to the third or fourth letter it needs to be pretty -- pretty serious. But I had another thought after talking to him, whether or not whatever letter was sent out, instead of putting all the details and fines and the jail time and all that in the text of the letter, could we have a little violation pamphlet -- and I'm not talking about an expensive production, but just a photocopied eight and a half by 11 that's folded three times, where the violations -- or the penalties are listed, so that that actually isn't in the body of the letter, but they still get the message. It could be produced fairly cheaply I think and just inserted with the letter for them to read at their leisure. I know vue often -- like with our electric power bills, get a separate little notice that says we are looking for a rate adjustment or something and it -- it's sort of separate, but you can read it and understand what could happen. De Weerd: Well --- and statistics show us that people don't read that. Rountree: Yeah. De Weerd: You know -- and I would agree if it was the first letter with the pamphlet, but the third or fourth or fifth or sixth -- Zaremba: Then it becomes very pointed. De Weerd: Yeah. Zaremba: I agree. De Weerd: Yeah. Rountree: Madam Mayor, I just brought that up to find out if the language in the ordinance had to be that way. Apparently it does. But take care of the issue some other way, not with -- not with the ordinance, so -- De Weerd: Right. Meridian City Council June 19, 2012 Page 22 of 25 Rountree: With that I'm okay with the ordinance, with that explanation. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, our desire or I guess hope for your direction was to leave this on for one additional week, allow some opportunity for public comment. We, basically, introduced it as a department report last week. We, then, put it on your agenda this year. There hasn't been very much if any opportunity for comment about it. Again, we will work on the letter issue, that's a little separate, but we are really just trying to get some clean up and some clarity and I will say both in our office's defense and Code Enforcement we do take a much stronger proactive approach. The two, three, four letters on weeds, by the time you get to your weeds, they are six feet high. So, we really can't -- we can't give them that much warning or leeway on weed issues, because we know they will grow pretty quick in the summer and all of a sudden they are a fire hazard. So, we do try to -- but, again, we can work in a little bit of language that maybe isn't quite so draconian sounding to people that the next thing they are going to get is -- De Weerd: And start with please. Nary: We will certainly always try to start with please. Anyway, our intent would be to -- if you would like to leave it on for an additional week, opportunity for public comment before you were to approve it. Rountree: I'm good with that. C. First Reading of Ordinance No. 12-1518: Animal Control Code Updates De Weerd: Okay. Very good. Okay. Ordinance No. 10-C is 12-1518. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An ordinance of the City of Meridian, repealing and replacing Chapter 2, Title 6, of the Meridian City Code relating to animal control, including definitions, animal control officer, city dog pound, City of Meridian dog license, impoundment, reclamation and relinquishment of dogs, declaration of abandonment, declaration of vicious dog, livestock harbored on private. property, prohibited acts, providing a savings clause, providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. Council, you have heard this first reading. Are there questions? Concerns? Rountree: Madam Mayor? Meridian Cily Council June 19, 2012 Page 23 of 25 De Weerd: Mr. Rountree. Rountree: The definition defines an animal as any member of the animal kingdom, with the exception of humans. In the body of the ordinance itself it talks about actions against any animal. Cruelty and whatever. And I suspect that there are some critters that if you hit with your spade in the garden, like a garter snake or -- De Weerd: A gopher. Rountree: -- a toad or a gopher, that somebody could file a complaint that you have done something cruel to an animal. De Weerd: The gopher might. Rountree: To me it's probably better language to address either domesticated animals or -- most of the ordinance speaks specifically to dogs, with a little bit about livestock. So, maybe we ought to get it -- get it zeroed in to where we don't have that wide open door for more enforcement problems. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think we can probably just clean that up in five, because in Section E has what cruelty is and cruelty -- that's a state code definition of cruelty as well. But section five talks about poisoning rodents and pests. It doesn't talk about any other method like a trap or something else. So, we can certainly include that in section five, that any type of -- I mean, obviously, nobody is going to go to jail for having a mouse trap and -- that crushes a mouse and I think this one only deals with poisoning and not necessarily any other type of, you know, rodent control or pest control, those kind of things. So, we can add that to five to make it clear that that's what we are talking about. Rountree: And I -- yeah. De Weerd: But isn't that what the agencies come out and do, is they poison the rodents? Nary: And poisoning is exempt. De Weerd: Oh. Okay. Nary: I'm talking about traps. If you were to trap some or as Council Member Rountree -- Meridian City Council June 19, 2012 Page 24 of 25 De Weerd: Or hit it with a -- Nary: Hit it with a shovel. De Weerd: --shovel. Nary: -- then -- but, obviously, any type of rodent control isn't what we are talking about. And I think on the first one is the state code and the case law is pretty clear on the --the maliciously cruel, killing, maiming, wounding, beating animals isn't talking about like the -- the slaughtering of animals for food. We are not talking about that. We are talking about the method of -- that different. But that's what -- state code defines it. But if you feel it needs more definition, we certainly could do that. We are really good at writing lots of things to make it sound pretty icky if you want, so we could do that. De Weerd: Yeah. Like slaughtering animals for food, you know. Yeah Nary: Right. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move that we continue this to a second reading. De Weerd: I don't think we need a motion to -- we will just put it on -- Nary: Put it on. Yes. Item 11: Future Meeting Topics De Weerd: -- next week and -- and we will bring back some changes for your consideration and discussion next week. Okay. If there is nothing further, are there any items to consider for future meeting topics? Bird: I have none. Item 12: Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code. De Weerd: Okay. Well, then, we will go to Item 12, which is an Executive Session per Idaho State Code 67-2345(1) (c) and (d). Do I have a motion? Bird: So moved. Meridian City Council June 19, 2012 Page 25 of 25 Zaremba: Second. De Weerd: 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, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: (8:04 p.m. to 8:47 p.m.) Bird: I move we come out of Executive Session. Rountree: Second. De Weerd: Motion and a second to come out of Executive Session, all those in favor say aye. MOTION CARRIED: ALL AYES. Bird: Move to adjourn. Rountree: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ -1 ~ 3 ~ ~- DATEAPPROVED ATTEST: o~oRp,~apnu~G ' J _ _ sr 3~ ~''¢. CE~I OLMAI~CITY CLERK "~'°I E fI~IAN ~ IDAMA ~~ S~ w ~ ~~ t ~e Tl~A