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HomeMy WebLinkAbout2013-10-22E IDIAN ~' CITY COUNCIL REGULAR MEETING AGENDA ~~i~~i~I~DED AOFI~D6~ City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 22, 2013 at 6:00 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 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda Adopted (Pg 1-2) 5. Consent Agenda Approved (Pg 2-3) A. FP 13-037 Woodburn West Subdivision No. 1 by Northside Management Located North of W. Ustick Road Approximately 1/4 Mile East of N. Linder Road Request: Final Plat Approval Consisting of Fifty-Two (52) Building Lots and Ten (10) Common/Other Lots on 25.75 Acres of Land in the R-8 Zoning District B. Street Lighting Easement for Maintenance Access on Walmart Property at 795 W. Overland Road C. Second Addendum to the Memorandum of Understanding Between The Julius M. Kleiner Memorial Park Trust and the City of Meridian regarding Well Relocation and Water Rights D. Release of Temporary Sanitary Sewer Easement for Reflection Ridge Subdivision No. 1 E. Approval of Award of RFQ and Master Agreements for Professional Services and Authorize the Purchasing Manager to Sign the Non-Financial (Zero Dollar) Master Agreements with the 15 Firms Listed Below in the Following Categories: Meridian City Council Meeting Agenda -Tuesday, October 22, 2013 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. 1C -Water Supply & Distribution Engineering -Water System Modeling (JUB, Keller Associates, Murray Smith & Associates) 2C - Wastewater Collection & Treatment Engineering - Sewer Line Extensions, Pressure Sewers, &Misc Collections Design (Civil Survey, JUB, Murray Smith & Associates) 2E -Wastewater Collection & Treatment Engineering - Sweer System Flow Monitoring; Sewer System Modeling (JUB, Keller Associates, Murray Smith & Associates) 9A -Surveying -Topographic Surveying, Construction Staking, As-Build Surveying, Misc (Civil Survey, JUB, T-O Engineers) 10B -Geographic Information Systems -Enterprise Software and Asset Management Software Support, Water Sewer Modeling Support (JUB, Keller Associates, Resource Data Inc) 6. Community Items/Presentations A. Neighborhood Star Awards (Pg 3-7) B. Presentation of Our Newly Sworn Fire Personnel (Pg 7-8) C. Split Corridor Pedestrian Traffic -Discussion of the Sidewalk Network Near the Main/Ada Intersection at the Cross-Over Island (Pg 8-10) 7. Items Moved From Consent Agenda None (Pg 10) 8. Action Items A. Continued from September 17, 2013: Public Hearing: TEC 13-005 Cavanaugh Subdivision by Trilogy Development, Inc. Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Continued to November 6, 2013 (Pg 10-11) 9. Department Reports A. Finance Department: Budget Amendment for One Desktop Computer for Part Time Staff for the Not-to-Exceed Amount of $1,600.00 Approved (Pg 11-13) B. Public Works: Budget Amendment for FY2014 in the Amount of $500,000.00 for Ground Reservoir #2 Construction Approved (Pg 13-14) Meridian City Council Meeting Agenda -Tuesday, October 22, 2013 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. Legal Department: Discussion of Proposed Ordinance Regarding the Use of Tobacco Products and Electronic Cigarettes in City Buildings and Facilities (Pg 14-15) D. Ordinance No. 13-1580: An Ordinance Amending Title 6, Chapter 3, By and Changing the Title of Chapter 3 From "Misdemeanors" to "Misdemeanors/Infractions", Adding Section 6-3-12, Regarding the Use of Tobacco Products and Electronic Cigarettes in City Buildings and/or Facilities; and Providing an Effective Date Approved (Pg 15-16) 10. Future Meeting Topics (Pg 15-16) 11. Executive Session Per Idaho State Code 67-2345 (1)(b)(c)(f): (b) To Consider The Evaluation, Dismissal Or Disciplining Of, Or To Hear Complaints Or Charges Brought Against, A Public Officer, Employee, Staff Member Or Individual Agent, Or Public School Student. (c) To Conduct Deliberations Concerning Labor Negotiations Or To Acquire An Interest In Real Property, Which Is Not Owned By A Public Agency, And (f) To Consider And Advise Its Legal Representatives In Pending Litigation Into Executive Session at 6:45 p.m. Out of Executive Session at 8:13 p.m. (Pg 16-18) Adjourned at 8:13 p.m. Meridian City Council Meeting Agenda -Tuesday, October 22, 2013 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 October 22, 2013 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 22, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Kyle Radek, John Overton, Mark Niemeyer, Shelly Houston, Melissa Delaney 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: Well, I would like to welcome everyone here to our City Council meeting. It's always nice to see a good group of citizens in our crowd and it's -- that's not why you were invited, to fill our room, but we do appreciate you being here. So, welcome. For the record it is Tuesday, October 22nd. It is 6:00 p.m. We will start with roll call attendance, Madam Clerk.. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance and tonight we have Shelly Houston that's going to bring some of the kids in our audience forward to lead us in the pledge. So, if you will all rise and join us. (Pledge of Allegiance recited.) De Weerd: And so to those brave souls, our kids that helped to lead us today, we do have a City of Meridian pin that we hope you will take home and treasure. So, Shelly will get those to you. Item 3: Community Invocation by De Weerd: Okay. Item No. 3 is our invocation. Is Darrell here tonight? I don't see him. Bird: I didn't see him come in. Item 4: Adoption of the Agenda De Weerd: Okay. We will go ahead and move onto Item No. 4, adoption of the agenda. Meridian City Council October 22, 2013 Page 2 of 17 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda, Item 8-A, the applicant has requested a continuance to November 6th of 2013. Under Item 9-B that ordinance number is 13-1580. So, Madam Mayor, I would move adoption of the amended agenda. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. FP 13-037 Woodburn West Subdivision No. 1 by Northside Management Located North of W. Ustick Road Approximately 1/4 Mile East of N. Linder Road Request: Final Plat Approval Consisting of Fifty-Two (52) Building Lots and Ten (10) Common/Other Lots on 25.75 Acres of Land in the R-8 Zoning District B. Street Lighting Easement for Maintenance Access on Walmart Property at 795 W. Overland Road C. Second Addendum to the Memorandum of Understanding Between The Julius M. Kleiner Memorial Park Trust and the City of Meridian regarding Well Relocation and Water Rights D. Release of Temporary Sanitary Sewer Easement for Reflection Ridge Subdivision No. 1 E. Approval of Award of RFQ and Master Agreements for Professional Services and Authorize the Purchasing Manager to Sign the Non-Financial (Zero Dollar) Master Agreements with the 15 Firms Listed Below in the Following Categories: 1C -Water Supply & Distribution Engineering -Water System Modeling (JUB, Keller Associates, Murray Smith & Associates) 2C -Wastewater Collection & Treatment Engineering -Sewer Line Extensions, Pressure Sewers, & Misc Collections Design (Civil Survey, JUB, Murray Smith & Associates) Meridian City Council October 22, 2013 Page 3 of 17 2E -Wastewater Collection ~ Treatment Engineering - Sweer System Flow Monitoring; Sewer System Modeling (JUB, Keller Associates, Murray Smith & Associates) 9A -Surveying -Topographic Surveying, Construction Staking, As-Build Surveying, Misc (Civil Survey, JUB, T-O Engineers) 'IOB -Geographic Information Systems -Enterprise Software and Asset Management Software Support, Water Sewer Modeling Support (JUB, Keller Associates, Resource Data Inc) De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: There are no changes to our Consent Agenda, so 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 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. Neighborhood Star Awards De Weerd: Under our community presentations -- I'm going to move down to the podium. Tonight we are really pleased to be able to recognize some very important people. These are people who quietly make our neighborhoods great places to live and so annually we have an opportunity to recognize -- some of these are unsung heroes that don't want recognition, they are doing it because they love their neighbors and they have a heart to care for others. The Neighborhood Stars award is a presentation that we are doing tonight and it does recognize Meridian residents who are exceptionally committed to reaching out and serving their neighborhoods, preserving, maintaining and improving the quality of life and the safety in those neighborhoods and blocks that they live. In preparing to present these annual Neighborhood Star awards we ask you, our Meridian City Council October 22, 2013 Page 4 of 17 citizens, neighbors, to look into their neighborhoods and say do you have a family member, friend, neighbor or nearby business who shines brightly by making significant contributions to improving the quality of life or safety of those on your street or in your neighborhood. An adult, a youth, a senior, who has helped enhance your neighborhood by performing an especially good deed or providing a service that you feel deserves special recognition. We are very pleased with the response that we got and we have asked both the nominators and those that they asked to be recognized to all be here in attendance tonight, because we know that without the nominators we would have never heard some of the amazing stories that you will hear tonight and we will get started on that. I'm going to ask Shelly and -- Shelly is in my office and the Melissa is our crime prevention specialist out of our police department -- to read descriptions on each of those that are being nominated and we will present you with a certificate. But more so the certificate is just a token that we give you to thank you for what you're doing in your neighborhoods. But sincerely on behalf of myself and the City Council and all of our city employees, you make our lives easier by improving the safety and the quality of life in your neighborhoods. You do make this a premier place to live, work, and raise a family. So, heartfelt thanks to all of you. Houston: Don and Judy Menger. Would you, please, join us. Yes. They were nominated by Michelle Rickro. Do you want to come up, too. No, she does not. That's the spirit. Come on. The Mengers -- or Mr. Don and Mrs. Judy as some neighbors call them -- do countless favors for their neighbors, whether loaning missing cooking ingredients or spraying neighborhood ant piles, it's said they are always thinking of others. Some families liken them to adoptive parents or grandparents, always showing great interest in the accomplishments of neighborhood children. Since Don's retirement both Mr. Don and Mrs. Judy have been active volunteers at the Meridian library, especially helping out with the summer reading program. They both also play a big part in the neighborhood watch program, helping keep nearby streets and neighborhoods safe. Don and Judy Menger. De Weerd: I'm just going read to you what we have on the certificate and this will be presented to all of our awardees. In recognition of your exceptional commitment to preserving, maintaining and improving the quality of life and safety in your neighborhood and our community and certainly it is signed with great honor. Delaney: Our next awardee is Carol Ogg, who was nominated by Marv Hagadorn. If you could both come up. Carol and her husband Ken are active in their church, creating and running educational programs for the needy. She works weekly at the Meridian Food Bank and was a dedicated volunteer at the animal shelter -- Meridian animal shelter. Prior to its passing Carol took her dog Belle to the Meridian Senior Center each week to share love and dog kisses with the seniors there. Carol is always helping out neighbors by watching and loving on their dogs. When people travel picking up mail and watching out for inappropriate activity in Seasons Park. All the neighborhood dogs know Carol has a treat in her pocket as she walks along. Besides all of her community involvement Carol stays fit by walking 10,000 steps per day. She certainly sets a high standard for others to emulate. Meridian City Council October 22, 2013 Page 5 of 17 Houston: Do we have representatives from the Tuscany HOA present? No shy ones. Come on. Is Ann Marie Baird present? Oh, hi. I'm sorry. She was kind enough to nominate the Tuscany HOA, which stands for homeowners association. So, Ann Marie, someone who manages a great number of neighborhood associations throughout the Treasure Valley, nominated the Tuscany HOA for the Neighborhood Star award. She describes Tuscany as one of the most inviting and generous neighborhoods she's ever had the pleasure of working with. Tuscany residents hold an annual door-to-door food drive, then, they meet at Renaissance Park where they hold a pancake feed and sort their food. Over the years Tuscany has held fundraisers for many other charitable organizations, such as those benefitting refugees and children's diseases. The association has helped Sienna K through 8 Magnet School share information between the school and residents and even helped with maintenance and beautification projects to keep the school grounds looking nice. Tuscany residents also support each other. They come together in times of need when loved ones are passed or when residents are sick or become disabled. They have taken care of foreclosed properties, shared the bounty from their community gardens and bought school supplies for a family who lost its belongings to fire. They are a model HOA, which deserves to be recognized for working so well. Delaney: The next awardees are Roger and Mary Noble, who I know. Right there. And nominated by Valerie James. Roger and Mary Noble have proactively taken care of their Raven Hill neighborhood for many years. They are the kind of people that glue neighborhoods together. Roger has served on the HOA board many times, collecting dues, paying bills, making sure the sprinklers are set right in the common areas, getting the grass mowed and the fence stained and trees trimmed. He will pick up trash down the street, take kids on four wheeler rides, help any neighborhood, in need, and will step up when our neighborhood needs to get things improved. For many years they set up a haunted house in their garage asking for donations for the Food Bank. Or to oversee the military gift packs. Mary has assisted this effort and volunteered for many things. Notably she's organized her first neighborhood watch working countless hours setting it up, mapping the neighborhood, finding volunteers to be block captains, hanging signs and keeping people informed. She has been the impetus at getting neighbors together for National Night Out every year. They have been steadfastly loyal to the neighborhood and never once waivered in their commitment to people and community. They also have great roses. Houston: Ron and Sonya Hope, could you come forward, please. And is Michael White present this evening? Okay. He wanted to be here, but he's had another engagement. Ron and Sonya Hope have been very active in the subdivision and community. Ron has served on the Edinburgh HOA board and volunteered for committees in all kinds of ways and capacities. He frequently invites any and all young children to his home near the subdivision's park to participate in fun and enriching activities. They have made airplanes, kites, bird houses and more. They kid all know the Hopes as caring people. They know that their home is a safe place at anytime. You will always find Sonya and Meridian City Council October 22, 2013 Page 6 of 17 Ron taking good care their home, their yard, and the subdivision. They make living in Edinburgh and Meridian better absolutely every day. Delaney: Okay. This is a pack of women who I know very well. They are from Tully Cove. And so I would like to have Roxanne Corsi, Diane Pride, Susan Lepore, and Arlene Baldwin who nominated them. Two other of the women of this pack were unable to come, Jody Gossett and Donna Olson. Please step forward. They know how to get things done. That's what I would say. The neighborhood watch captains of Tully Cove do an excellent job keeping their neighborhood safe, educated, and connected. Roxanne Carsi, Diane Pride, Susan Lepore, Judy Gossett and Donna Olson faithfully attend neighborhood meetings, participate in special events and help promote the goals and spirit of the neighborhood watch. In addition to communicating with homeowners, they also do an excellent job of engaging renters in order to instill in them a sense of pride in the neighborhood. That's great. Houston: Could Travis and Brenda Hansen please join us, as well as Diana Green. Paul, you come up here, too. She looks funny by herself. You're such a match set. Travis and Brenda Hansen are said to always be there when anyone needs assistance in their downtown Meridian neighborhood. At the beginning of irrigation season Travis was behind a fence hunting for a missing cat beloved by his five little children when he recognized that a neighbor was having difficulties starting his pump. He immediately stepped in and stayed until everything was working properly. Brenda is very active at Meridian Elementary School. She's a woman who listens with her whole heart and open face and gives great hugs, too. Whatever family in the neighborhood is in need Travis and Brenda are always the first to step up to try to make things better. Houston: Before we move on to the final award of the evening -- yes, you can stay. There were two award winners that were unable to join us tonight. Stan and Suzie Young who live in Baldwin Park, as well as George and Fran Olsy of Lochsa Falls, they will be honored at another time. They were unable to make it this evening. Now we will move to our final award of the evening and after that our special guests that were here just for the award, you're going to be free to leave and enjoy more refreshments or just to head home safely. So, thank you for joining us. Here is our last award. You're welcome to stay. Did you bring some No Doze? Okay. I'm just saying. I just call it like it is. Okay. Do you want me to read this one or do you want to? De Weerd: I would like to. Okay. Paul and Diana were nominated by my office and this was a complete surprise to them, but let me -- let me share what we think of the Greens. When it comes to good neighbors, God broke the mold after he made Paul and Diana Green. Paul and Diana are regular fixtures in downtown Meridian and at community events of all types and sizes. Despite losing their home and having to move to a new home to accommodate the split corridor road construction project, Paul and Diana weathered the move with incredible grace and good spirits. In fact, they attended every single community update meeting that was held to update the neighbors and nearby merchants about the enormous progress of this project, sharing the information with others in their neighborhood. Paul and Diana support downtown Meridian with their Meridian City Council October 22, 2013 Page 7 of 17 whole heart. They attend grand openings and ribbon cuttings, celebrate events and Boys and Girls Club, Meridian Elementary School, Meridian City Hall and they maintain close contact with their neighbors and help -- to help insure a safe and friendly atmosphere for their neighborhood. These two were incredible during a very difficult road construction project and they kept a smile and a good attitude the entire time. So, it's with great pleasure, honor and pride that I present this to the Greens. Presentation of ®ur Newly Sworn Fire Personnel De Weerd: So, Item 6-B is a presentation of our newly sworn fire personnel and I will ask the chief to come forward. Niemeyer: Madam Mayor, Members of the Council, thank you. Before we get started would like to invite Verlyn Brower and his wife Carla to come down to the podium. Oh, got a rock star already here. Madam Mayor, Members of the Council, as you know, you have heard me say several times that where we could find areas of cooperation and collaboration we are going to seek that out, hunt it out, and find it. We have done that with our response policies and breaking down some of those walls and barriers. We have done it other areas, such as EMS and the joint powers agreement. The other area that Chief Doan and Chief Winkle and I from Boise and Eagle fire got together and talked about was a recruit academy in bringing folks together early on. We note that these men and women have to work together out in the field at some point, so instead of waiting for day 101, let's pick day one and we did that. I do want thank real quick division chief of training Kevin Fedrizzi. This academy -- recruit academy was held at Boise fire, but certainly Chief Fedrizzi had a big part of that in making that happen. So, to you and your staff, chief, thank you very much. Verlyn Brower, as you know, has been with our department as a reserve and also as our department chaplain. With that, when we opened up the testing he had to test like everybody else. He had to go through the rigors of a written test and the CPAT and the oral interviews and sweating in front of a bunch of chiefs with suits and all kinds of good stuff and Verlyn did really well and we were very happy to give him a job and offer him that job, but, then, the real big test started and that was the recruit academy and as you know those recruit academies are not easy and it is with great pleasure that Verlyn completed that recruit academy. This is actually his second swearing in. He got sworn in on Friday. But we wanted to do it twice just to make sure he understands where he's at and that he's here in Meridian. Verlyn and Carla have a great philanthropic mind, they give back to the community, they give back to their children. What he brings in trust and honor and compassion and integrity is exactly what we are looking for in every single person we hire here in the fire department. He's a great representation of what we hire. So, with that we are going to say the oath and do the badge pinning. So, Mayor, I'm going to hand you the badge to hold. Verlyn, if you would raise your right hand. Repeat after me. I, Verlyn Brower, do hereby declare that I will support the Constitution of the United States and the state of Idaho and that I will faithfully discharge my duties as a firefighter for the Meridian Fire Department and to the citizens of Meridian to the best of my ability. I promise to protect and enhance our community through professionalism and Meridian City Council October 22, 2013 Page 8 of 17 compassion in accordance with the Meridian Fire Department's guiding principles and policies. (Repeated by Verlyn Brower.) Niemeyer: Congratulations. Carla, this is your one opportunity. You know that. Mayor and Council, let me present to you Verlyn Brower, newest member of the Meridian Fire Department. The microphone is yours, sir, if you would like to say a few words. You're good? Man of few words. Hoaglun: As Madam Mayor comes forward, Verlyn, we want to welcome you. You have been a very important part of this city to this time and now to have you as on board as one of our firefighters we are really pleased with that and we just know we will continue to have great service from you and everyone else that's part of the department. We are really proud of our firefighters and the folks that oversee that and we know you're joining the best in the state. So, welcome. De Weerd: And, Verlyn, I will just add, you know, it was -- it was certainly a pleasure to see you get pinned both times, but you have given lot to the department already. We just look forward to continuing that service and I know at the service on Friday they talked about an acronym PRIDE, which means Professionalism, Respect, Integrity, Dedication and Excellence. I think that the bar has been set high by the group that just graduated and I know that you will step up to every one of those character traits. You have already showed them. We are thrilled to have you part of an already great family. So, congratulations and thank you, Carla, for -- for your support through this. I did understand that you were given a hard time during your recruit academy, but you showed -- you showed the younger guys a thing or two; right? So, congratulations. C. Split Corridor Pedestrian Traffic _ Discussion of the Sidewalk Network Near the Main/Ada Intersection at the Cross-®ver Island De Weerd: Okay. Item 6-C is a discussion on our split corridor and I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. The -- as you know the split corridor has been open for a little over a month now and a couple of weeks ago, as the Arts Commission was presenting their recommendation for the piece part that would go in the triangular -- the cross-over triangle. I don't have a real good term or a name for that area. It's the area that the city is currently looking to landscape and install a piece of art. It came up that a concern from a few citizens that were trying to walk in this area would -- were concerned again that there weren't any sidewalks going to or through that -- that triangular piece that you see on the screen now. So, just after that meeting I did engage with ACRD staff. Brought to their attention -- I believe Ryan had it here that night of that meeting, said, hey, can you guys look into this. I also talked with the project manager to refresh my memory a little bit as this was going through the Meridian City Council October 22, 2013 Page 9 of 17 design process, what did we talk about, what -- can you refresh my memory on why sidewalks don't go all the way around this. I do recall having some of those discussions. Basically there is a concern of a couple -- that pedestrians would get trapped in there. Essentially there is no good way to get to or from depending on how you're trying to get there and that the cross-over -- the two lane cross-over northbound we really were trying to encourage vehicles to use that area and at a higher speed and so to put a crosswalk right there that's around a curve and as speeds are getting higher from what they were further to the south, just wasn't a good idea to encourage pedestrians in this area. So, I talked with, again, various members of ACHD. Ryan Head is here tonight. They have communicated amongst themselves and he's here to explain some of that evaluation process and their recommendation based on our request for -- for that evaluation. So, with that, Madam Mayor, unless you have any questions of me at this point, I will turn it over to Ryan. De Weerd: No. We might have questions afterwards. Hi, Ryan. Head: Hi. De Weerd: If you will, please, state your name and address for the record. Head: Ryan Head. 3775 Adams Street, Garden City. Ada County Highway District. I'm feeling a little bit -- after the presentations that have been given -- not quite as popular and I'm not sure I'm going to be, but I appreciate the opportunity to -- to respond to the request that has been made. We have looked at this and in general to sum up -- and Iwill give the points as to why -- it is the feeling of ACHD that it's not appropriate to provide additional pedestrian crossings at this time to or from the triangle and, really, in looking at this we have -- we have considered some of the things that Caleb has already mentioned. First and foremost in the development of the split corridor it was done in partnership with the city and we really tried to evaluate and identify some of these issues ahead of time and this is a pedestrian attractor destination was not really in that picture. The triangle does -- as you can see have pedestrian access to it in the north -- northeast corner and it's the feeling of ACHD is that this is where pedestrian activity to and from should be encouraged. There is short crossings, which are most ideal for pedestrians and it would allow access to it. It also has areas which are lower in speed and volume, which are safer for pedestrians. We did do some -- we did take your request seriously and went out and did some pedestrian counts just to see what the activity is there. What we saw was from the hours that -- we looked at a couple different times. From the hours of 12:00 to 1:00 we saw one pedestrian go -- enter and exiting the triangle. From the time of 4:00 to 6:00 we saw four. They came in pairs. So, really, what we are seeing is there is not a high level of pedestrian activity. Additionally, the gaps in the traffic there for those who would still continue to use it are sufficient that it would still allow someone to cross safely, as long as they waited for those -- for those gaps to come. If pedestrian activity were to increase in this area through development, currently there are -- there are minimal amounts of attractors in particular to the west for pedestrians and that could currently use the existing crossing. We would most definitely consider the city's request for reconsideration of this. But, however, it is at this time that Meridian City Council October 22, 2013 Page 10 of 17 we do not feel that it is appropriate for additional crossings and I'd stand for any of your questions. De Weerd: Thank you, Ryan. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Rountree: I have none. De Weerd: Okay. Thank you. Head: Thank you. De Weerd: I think as downtown develops and it does become a destination and a place that people do want to get out of their cars and walk we can visit it at that time and appreciate ACRD keeping that conversation and that door open. So, thank you, Ryan. Anything you want to add, Caleb? Hood: Madam Mayor, just one quick thing. I do want to -- just to that end, we have been in discussions involving not just ACRD, but our Parks Department on potentially if sidewalks ever do go in here this is the landscape plan that's going in there and we think with very little disruption to what's going to be installed, sidewalk crossing ramps could be put in with the landscape plan and the art that's planned. So, we are keeping that door open or the conversation going, if you will, and I don't think we are setting ourselves up for -- if ever it is warranted to do that with, again, very little disruption to the investment that's going to be made in the landscaping and art that's going to go in. so, I wanted to point that out. De Weerd: Okay. Thank you so much. Okay. Hoaglun: Madam Mayor, just a comment. Appreciate that, Caleb, what you guys did looking at that and, yeah, there is access to it and looking at how those cars pass by it -- Ithink ACRD has the right -- made the right assessment on that and -- and for now. Who knows what it's going to be ten years from now. Things may change and, then, we can take another look at it again. So, just appreciate everyone's time and effort in relooking at that, so thank you. Item 7: Items il~oved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items Meridian City Council October 22, 2013 Page 11 of 17 ~,. Continued from September 17, 2013: Public Hearing: TEC 13- 005 Cavanaugh Subdivision by Trilogy Development, Inc. Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: And Item 8-A is continued from September 17th and has asked another continuance to November 6th. Council, do I have a request or a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue public hearing TEC 13-005 to November 6, 2013. Hoaglun: Second. De Weerd: I have a motion and a second to continue this item to November 6th, 2013. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports ~-. Finance Department: Budget Amendment for One Desktop Computer for Part Time Staff for the IVot-to-Exceed Amount of $1,600 De Weerd: Item 9-A under Department Reports is our Finance Department. Our Finance Department, yeah, I don't see anyone here to present this, so should we ,turn it down. Oh, there he is. Hood: There is a delay on the screen, so Todd was probably waiting for his turn. Hoaglun: We have a five second delay -- De Weerd: There he is. We Were getting ready to deny this budget amendment, but -- Zaremba: Well, actually, I was getting ready to explain that it's supported, but if Todd -- Todd's here. De Weerd: Todd, come on up. Meridian City Council October 22, 2013 Page 12 of 17 Lavoie: Well, I apologize for that, Madam Mayor, Members of the Council. I stand here to answer any questions about the 1,600 dollar amendment that the Finance Department was proposing for one computer for our part-time staff. De Weerd: You know, since you're the Finance Department and your asking for a budget amendment, there are all kinds of things we could say. But, Council, I would ask do you have any questions for Todd? Rountree: I have none. Hoaglun: Well, Madam Mayor, you know how many times they said no to other departments setting budgets. You can't believe how many people ask me about turning this down, you know, but we won't. Bird: Madam Mayor. Three weeks into the new year and they are asking for a budget amendment already? And they moan and groan about everybody else. De Weerd: I can't. Raising the bar high; right? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In their defense I would say if we turn this down they would have apart-time person sitting at a desk twiddling thumbs with nothing to do and nothing to do it on and part of our job is to supply them with the tools they need to do their job. De Weerd: I'm sure we have a computer that's retiring they could probably use. Bird: There is one sitting right there. De Weerd: Okay. Do I have a motion or any further questions? Zaremba: Madam Mayor? Rountree: Thank you, Todd, for doing your job. Zaremba: Thank you. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the budget amendment for one desktop computer for part-time staff to the not to exceed amount of 1,600 dollars. Rountree: Second. Meridian City Council October 22, 2013 Page 13 of 17 De Weerd: I have a motion and a second. Any discussion? Bird: I have none. De Weerd: Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: I think we had all ayes. And thank you, Todd. MOTION CARRIED: ALL AYES. Public Works: budget Amendment for FY20~4 in the Amount of $500,000.00 for Ground Reservoir 2 Construction De Weerd: Okay. 9-B is under our Public Works Department. I will turn this over to Kyle. Radek: Madam Mayor, Council Members, the Public Works Department is presenting a budget amendment for 500,000 dollars for ground reservoir number two construction. We bid this project out at the end of September and found that our engineer estimates were a little low and we were able to get the construction contract going, but we have the commitment of design changes, reimbursement agreement, materials testing and a generator that we could not afford with the current budget. So, the generator was taken out as an alternate, but we can put that back in after we get our budget amendment -- assuming we get our budget amendment. But that's what we were requesting. After all those limits, that leaves about 85,000 dollars left as a small contingency on this construction project. With that I will stand for any questions. De Weerd: Thank you, Kyle. Any questions from Council? Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-B, budget amendment for an amount not to exceed 500,000 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion, Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council October 22, 2013 Page 14 of 17 MOTION CARRIED: ALL AYES. C. Legal Department: Discussion of Proposed Ordinance Regarding the Use of Tobacco Products and Electronic Cigarettes in City Buildings and Facilities De Weerd: Item 9-C is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Last week you recall we passed a policy related to e-cigarettes with employees use during work hours. Previously you passed a new ordinance for the parks to change to -- and add e- cigarettes and the vapor units, whatever they are called, to the parks code. We already have prohibited park -- smoking or ingesting tobacco -- or smoking in the parks. Last year the state legislature created a new code provision that prevents the sale of e- cigarettes or a like product to minors, but they didn't amend the State Clean Indoor Air Act, which prohibits smoking inside buildings and so we felt it was appropriate and consistent with the actions you had already taken to make sure in the City of Meridian that the use of those products would be prohibited in the buildings just like smoking products are. Same thing in the parks. So, we felt for consistent sake, since the state hasn't amended the state act yet, that we should amend our city code to make sure that the same behavior isn't allowed in the city buildings or city facilities until the state catches up with it. You have the ordinance in front of you. Part of the reason we put it on tonight and asked you to consider accelerating it is because you have a two week -- you have a two week gap before you meet again. So, it's up to you, if you'd like to approve it tonight you can, because you won't meet again until November 6th. If you don't want to approve it tonight you don't have to, but I wanted to bring it to our attention that there was a little window gap here that we wanted to fill, too. De Weerd: Council, any questions for Mr. Nary? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Does the term facilities include vehicles? Nary: No. Facilities are not defined as vehicles. They are already prohibited in city vehicles now. Rountree: Okay. De Weerd: Yeah. This is just a clean up and make consistent to the intent of City Council. Meridian City Council October 22, 2013 Page 15 of 17 Rountree: Okay. D. Ordinance IVo. : An Ordinance Amending Title 6, Chapter 3, By and Changing the Title of Chapter 3 From "Misdemeanors" to "Misdemeanors/Infractions", Adding Section 6-3-12, Regarding the Use of Tobacco Products and Electronic Cigarettes in City Buildings and/or Facilities; and Providing an Effective Date De Weerd: Okay. Madam Clerk, will you, please, read Ordinance 13-1580 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1580. An ordinance amending Title 6, Chapter 3, by changing title of Chapter 3 from misdemeanors to misdemeanors-infractions, adding Section 6-3-12 regarding the use of tobacco products and electronic cigarettes in city buildings and/or city facilities and providing an effective date. De Weerd: You have heard the reading of this ordinance. Is there anyone who would like to hear it read in its entirety? I thank everyone for not raising your hand. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Ordinance 13-1580 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-D. Any discussion on this item? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Council, under Item 10 are there any topics for future meeting agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 22, 2013 Page 16 of 17 Zaremba: This is not a topic necessarily, but we have mentioned a couple times that the next meeting is on November 6th, which if anybody is paying attention is a Wednesday and I would like to point out to those that are listening or care that that is correct, our next meeting is on a Wednesday, because the Tuesday is election day and we hope you all vote, but we don't hold a meeting on election day. So, the 6th is correct. Item 11: Executive Session Per Idaho State Code 67-2345 (1)(b)(c)(f): (b) To Consider The Evaluation, Dismissal Or Disciplining Of, Or To Flear Complaints Or Charges Erought Against, A Public Officer, Employee, Staff IVlember Or Individual Agent, Or Public School Student, (c) To Conduct Deliberations Concerning Labor Negotiations Or To Acquire An Interest In Real Property, V-/hich Is Not Owned Ey A Public Agency, And (f) To Consider And Advise Its Legal Representatives In Pending Litigation De Weerd: Okay. Thank you Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Appreciate that clarification. Item 11 is Executive Bird: I move we go into Executive Session as par Idaho State Code 67-2345(1)(b), (1)(c), and (1)(f). Hoaglun: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:50 p.m. to 7:00 p.m.) De Weerd: I will entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. Meridian City Council October 22, 2013 Page 17 of 17 MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD ATTEST: / /_ DATE APPROVED JAYCEE HOLMAN, CITY Meridian City Council October 22, 2013 Page 17 of 17 MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD DATE APPROVED ATTEST: ~, . ,, ~; ~. - I - ~ ~~ -~~w a~~~ 2 rf