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2019-10-08 Regular C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, O ctober 8, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer Treg B ernt X Genesis Milam L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation 4. Adoption of Agenda - Adopted 5. Announcements 6. P roclamation A. C rime P r evention M onth 7. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Si gni ng up pri or to the start of the meeti ng is required. This time i s reserved for the public to address their el ected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/devel opment application. By law, no decisi ons can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussi on or action. The Mayor may also direct staff to further assist you in resolvi ng the matter following the meeti ng. 8. Action I tems Public Hearings for Land Use Applications follow this process: Once the Public Hearing is opened, City staff will present their report. F ollowing the report, the applicant is allowed up to 15 minutes to present thei r application. Members of the public are allowed up to 3 minutes each to address council regardi ng the application. If a person is representing a l arge group such as a Homeowner's Associati on, indicated by a show of hands, they may be allowed up to 10 mi nutes. Followi ng all public testi mony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The Ci ty Council may move to continue the item for additional informati on or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing i tems, unl ess to break a ti e vote. A. P lanning D ivision P resentation and Discussion: AC HD P lans for L ocust G r ove Rd., Victor y to O verland C ross-S ection B. P ublic Hearing for C ity of M eridian B usiness Hours C. P ublic Hearing for Hands F ree D riving O rdinance 9. O rdinances A. F ir st Reading of O rdinance 19-1852: An O rdinance Adding M eridian City C ode S ection 7-1-14, P rohibiting T he Use Of Handheld Electronic M obile D evices While O perating A Vehicle; Adopting A S avings C lause; And P r oviding An E ffective D ate – First Reading Moved to October 15, 2019 B. O rdinance 19-1853: An O rdinance Amending T itle 10, Chapter 4, M eridian City C ode, Adopting L ocal Amendments to S ection 307 of the 2015 International F ir e C ode, Reg ar ding O pen B ur ning; and P roviding an E ffective D ate - Approved C. O rdinance No. 19-1854: An O rdinance Amending M er idian C ity Code S ection 2-1-1C Allowing for Appointments for P artial Terms for Commissioner s; Adopting a S avings C lause; and Providing an E ffective D ate - Approved 10. F uture M eeting Topics 11. E xecutive S ession per Idaho S tate C ode 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal r amifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated – Removed from Agenda Meeting Adjourned at 6:58 pm Meridian City Council October 8, 2019. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 8, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Genesis Milam, Ty Palmer and Anne Little Roberts. Members Absent: Luke Cavener and Treg Bernt. Also Present: Chris Johnson, Bill Nary, Caleb Hood, Brian McClure, Warren Stewart, Mark Ford, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer ___ Treg Bernt __X___Genesis Milam ______Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: I will go ahead and start us on our next -- our regular City Council meeting. For the record it is October 8th at 6:00 o'clock and we will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the 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 De Weerd: Mr. Clerk, I don't think we have someone for the -- Item No. 3. Johnson: Madam Mayor, you are correct. Item 4: Adoption of the Agenda De Weerd: Okay. So, I will move to Item 4, adoption at the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda October 15, 2019 – Page 27 of 294 Meridian City Council October 8, 2019 Page 2 of 21 Borton: Move we adopt the agenda as published. Milam: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Announcements De Weerd: Council, I just have a few announcements. Under upcoming events I was mistaken, last week was not the last Main Street Market. It is actually this Saturday. If any of you have not attended the Main Street Market it's out in our City Hall Plaza. It runs on Saturday from 9:00 a.m. to 2:00 p.m. and it's -- it's a community asset and we would love to see you support it. So, the AFSP Out Of The Darkness Treasure Valley Community Walk is Saturday from 8:00 a.m. to 1:00 p.m. at Kleiner Park and there is a Chamber Mayoral Candidate Forum on Tuesday, October 15th, from noon to 1:30. That is through the chamber office and it's at West Ada Auditorium. So, you can get the tickets from the Chamber of Commerce. With that are there any other announcements? Item 6: Proclamation A. Crime Prevention Month De Weerd: Okay. I will go ahead and move to Item 6, which is our proclamation and I see that Stephany and Sarah are here. If you will join me at the podium. Well, it is Crime Prevention Month and, you know, it really does take our entire community to continue to remain a safe place for families and kids to live, work, and for our parents to raise their family. So, this is an important proclamation. Whereas the City of Meridian is committed to ensuring the health, safety, and quality of life of all those living and visiting our city, benefiting from the dependable delivery of public safety and that our citizens so greatly appreciate and whereas the Meridian Police Department's 109 sworn and 33 non-sworn employees are dedicated to keeping the fear of crime from the hearts of 115,000 Meridian residents -- and growing -- and whereas the Meridian residents are responsible -- or responsive to public education measures and able to take personal steps to increase their safety and whereas each year we are excited to celebrate Crime Prevention Month with fun and engaging public safety events, including the National School Day, Selfie With A Cop Day and Public Safety Day and whereas effective crime prevention programs succeed with partnerships between the Meridian Police Department, other government agencies, civic groups, schools, faith communities, local businesses -- really? Lieutenant. Local businesses and other citizens as they collaborate to nurture collective responsibilities and instill pride. Therefore, I, Mayor Tammy de Weerd, hereby proclaim the month of October 2019 as Crime Prevention Month in the City of Meridian and call upon the community to acquaint themselves with our Meridian Police Department and actively participate in preventing crime through education, prevention, and awareness. Meridian City Council Meeting Agenda October 15, 2019 – Page 28 of 294 Meridian City Council October 8, 2019 Page 3 of 21 And it is with great pleasure I turn this over to Stephany and, Stephany and Sarah, do you have any comments you would like to make? Galbreaith: Thank you. De Weerd: Thank you. Galbreaith: I just wanted to extend our gratitude to City Council and Mayor Tammy for always supporting our education and prevention efforts. We put together over 80 events a year, reaching roughly 21,000 community members, and we couldn't do it without the continued support and so we -- we just really appreciate everything you guys have done for our -- our department and our division. Thank you. De Weerd: Thank you. And you have some activities coming up; right? Galbreaith: Yes. De Weerd: What are they? Galbreaith: Yeah. Sarah, do you want to speak to the upcoming events we have? Herrick: Yeah. So, on October 19th we have Public Safety Day and it's going to be at Meridian Fire Station No. 1 and we will have our SWAT, canine, our traffic team and also with Meridian Fire out there. And, then, on October 24th in the downtown area we will have trunk or treat with two police officers out there for you guys. Galbreaith: Yeah. Thank you. De Weerd: Thank you both for being here and Lieutenant Colaianni. Galbreaith: Our photographer. De Weerd: Both -- both meetings we have had their presence. Thank you for being here and thank you for all you guys do. Galbreaith: Thank you. De Weerd: I like the coordination of the photos during the reading of the proclamation. It's not distracting at all. Item 7: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. Mr. Clerk, anything under Item 7? Johnson: Madam Mayor, there is nothing. Meridian City Council Meeting Agenda October 15, 2019 – Page 29 of 294 Meridian City Council October 8, 2019 Page 4 of 21 Item 8: Action Items A. Planning Division Presentation and Discussion: ACHD Plans for Locust Grove Rd., Victory to Overland Cross-Section De Weerd: Okay. Item 8 under Action Items. 8-A is from our planning division. We will talk about ACHD plans for the Locust Grove Road, Victory to Overland cross-section. Ryan or Caleb. Hi. McClure: Madam Chair, both of us will talk about this. In addition to the Locust Grove, Victory to Overland cross-section, just also some general ACHD coordination -- dialogue I'm hoping -- in terms of what City Council would like to see. So, Locust Grove, Victory to Overland, is the city's number one ACHD roadway priority. It has an existing two lane cross-section with no center turn lane, no bike lane, no curb-gutter, no consistent sidewalks. Traffic volumes over -- over design capacity and projected 2040 volumes suggesting a need for two -- or four or five lanes. One other note as maybe a pen for later, but Locust Grove matches Meridian Road and, then, it goes all the way down to Kuna Road in the south. This is the 50 percent concept that the public reviewed at the recent public involvement meeting which ACHD held. It's five lanes with a center turn lane and includes bike lanes, detached sidewalks, and also two pedestrian crossings at Puffin and Time Zone. This cross-section has heavy landscape impacts with this design. Almost all the trees are in the way. Parkway is just turf where it exists currently or rock where it doesn't, without city partnership. The remaining area behind the back of curb in some areas is too narrow for turf. That condition varies a lot and there is also no shrubs or trees contemplated with the project. Right of way preservation has been inadequate in this area at least for the transportation network as it's planned today. So, what are the city's priorities for this project, the neighborhood -- at least in terms of the feedback that ACHD received seems split roughly 50-50 for whether they like it or dislike it, with varying degrees of whether they really dislike it or really like it. Staff has been hearing that a sense of and quality of place is important during the comp plan outreach. Sometimes question why not just a turn lane for this project. Most people, however, are unaware of the long-term traffic projections. Even if Meridian doesn't approve any additional housing, Kuna to the south will. They are using our north roads -- north-south roads and will continue to do so. If the traffic doubles the road will not function well, even with a center turn lane. That doesn't mean we can't advocate for what we view is in our best interest though. A parking lot may be safer -- perhaps a safe -- a sense of place is more important. More broadly, though, what is the city willing to do, if anything? ACHD does not do landscaping. There is no guarantee that any compensation for impacts will be used for landscaping by the HOA boards. And a lot of the landscaping, including a lot of the trees, currently are within ACHD right of way. They may not even receive reimbursement or impact for those losses. From staff's perspective, besides sitting on the sidelines, there is two options. We can support a cross-section that meets long-term traffic needs. That could take any number of forms. We could also support a cross-section that provides more opportunity for neighborhood identity, with less emphasis on a thoroughfare. The cost benefit may not be -- exist, though, in an interim or built-out right here. There is also a large network to consider. Eagle Road, for example, dead ends at Hubbard and Meridian City Council Meeting Agenda October 15, 2019 – Page 30 of 294 Meridian City Council October 8, 2019 Page 5 of 21 Meridian Road, by all appearances, seems to be turning into a North Eagle Road. In either option, even just a three lane -- three-lane cross-section the street will change dramatically. Maybe the trees will still go, regardless of what that cross-section is. Anything new will be turf or rock. Comparable landscapes will require a higher level of effort to achieve the same feeling and in a smaller area. Here is a few cross-sections for comparison. ACHD may be open to some of these or none of these. And note for all of these is at the end of the drawing on the left to right doesn't necessarily mean there is not some remaining area for landscaping, but it varies heavily depending on which section of the street you are looking at. The top is an existing example. This varies, again, a lot. Sometimes most of the landscaping is in existing right of way and will be impacted by any project. The second is the 50 percent ACHD public involvement proposed cross-section. The third is the same facility, but instead of detached sidewalks it has seven foot attached sidewalks. ACHD by default typically does seven foot attached sidewalks and by default city staff typically requests five foot detached sidewalks. Attached sidewalks in this case would consolidate remaining open space better. So, rather than having turf and a parkway and, then, some on the back of the sidewalk, you would have it all together. The benefit of attached sidewalks in this condition is the idea that there is a bike lane here which does provide some separation between the pedestrians and bicyclists and automotive traffic. The last example here is what's being done on Eagle Road, Victory to Amity. It has no bike lanes and instead a shared multi-use sidewalk is provided, which requires less overall right of way. Just one note. I know it's been discussed among the public and in other media, but I have not shown a three lane exhibit here, because I'm not able to have any confidence that that would work locally or regionally. That would require work by others to do that and I'm not willing to suggest that. Regardless of the cross- section, though, there is an attractive option. Time and money. And I will turn it over to Caleb. De Weerd: Good job, Brian. Thank you. Hood: So, maybe before we jump into kind of the second part of this, we are looking for some direction, if there is any to weigh in, as we -- as we work with ACHD on that project that Brian just walked you through. As he mentioned, I'm going to go back to this slide -- kind of our standard default that we ask ACHD to do is this five foot detached sidewalk. That generally creates a more friendly pedestrian environment when you are not walking next to a five lane roadway, even though there are bike lanes there, so cars -- typically that gives you five or six feet. It provides some landscaping and a little bit more just separation from that. But, as Brian mentioned, on this project that really pushes that sidewalk almost literally into people's backyards in some cases. So, being, as much as we can, to limit the impacts of the overall cross-section, the second two options kind of on this one seem to be a little bit more appropriate and this kind of goes into the second part of this. Again, we have gotten some general direction from the Council in the past that, yes, we prefer detached sidewalks and in that case ACHD requires us to request a cost share agreement and pay for improving the area here in between the curb and the sidewalk. As Brian mentioned, they typically don't do landscaping. They will patch back in some landscaping occasionally if there is sod there and -- and they rip it out, they will -- they will patch it back in, but they won't put in new landscaping. So, this is something Meridian City Council Meeting Agenda October 15, 2019 – Page 31 of 294 Meridian City Council October 8, 2019 Page 6 of 21 where we work with our Parks Department quite regularly to pay for and sometimes if it's in the county, maintain the area between the curb and the sidewalk and, again, in this case we even told ACHD staff, maybe we do an attached sidewalk in this case just to limit those neighborhood impacts down. So, again, if you have really any -- anymore direction on that for staff as we continue, particularly on just this mile segment right now. If you want to have a larger discussion about, hey, let's get away from detached sidewalks, we can have that conversation, too. But, really, on this one we wanted to kind of disclose that to you that we -- Brian sent an e-mail to them saying, hey, you know, in this case maybe we don't do detached sidewalks just to limit those impacts. So, are there any thoughts that way or -- you don't have to weigh on anything. We are really just sharing and it's an ACHD project. This is one where the city could -- could kind of just be on the sidelines, to use Brian's term there, and -- and watch, monitor, but maybe not actively participate in. De Weerd: Caleb, what is the width of the multi-use sidewalk? Hood: Is that a ten foot? Brian? So, he is working on the Eagle Road project, too. So, he's more familiar with that one. McClure: Madam Mayor, I could be wrong, but I believe that's ten foot, but that does not included three foot buffer there, which is also paved. Kind of the extra concrete. De Weerd: So, the buffer is concrete then? McClure: For Eagle Road it is, yes. De Weerd: Okay. I do understand -- so, what they have done on Ten Mile -- the sidewalk is not widened and I understand the concern of the residents in that area. What you have is you have created a corridor of a fence, the sidewalk, and, then, the roadway. You have no storage area for snow that is, then, plowed and it is plowed right onto the sidewalk up against the -- the fencing and I -- in reading the comments it looks like the concern is yes that sense of place to not get into the corridor fill and have some safety aspects of it. I think with your multi-use sidewalk, the buffer approach seems to get more of that. Could you also look at a four lane with a center turn lane where you have roads that intersect with it, so you have a widening where you have cars coming and entering and exiting off the road. Has that been discussed at all? McClure: Madam Mayor, I'm not sure how much thought ACHD has put into that. I can say that there are lots of subdivision entryways in this area, though, and there are also a lot of front-on housing taking direct access from the street. So, I think that's the reason for a lot of the congestion that occurs today. De Weerd: It seems like many cities across the country are -- are not widening roadways, they are looking at other ways to move traffic. I'm not saying keep it at two lanes by any means, but have other methods and intersection improvements and other ways to move traffic more efficiently along the roadways been considered. Meridian City Council Meeting Agenda October 15, 2019 – Page 32 of 294 Meridian City Council October 8, 2019 Page 7 of 21 McClure: Madam Mayor, we have some new language in our -- in our new Comprehensive Plan to consider things like that. I do not believe ACHD has done a lot of work in that regard as part of their master street map or their capital improvement plan, though, so I'm inclined to say no, but that might be a good question for ACHD or Caleb. Hood: And, Madam Mayor, I know Mr. Lucas is here -- not to put him on the spot, but if you have questions that way. I will just -- kind of to Brian's point, I mean we do work with ACHD on a master street map in trying to keep some of those shorter local trips on collectors and the local roadway network, instead of having to have everybody get on a -- an arterial roadway. That's not necessarily anything new or innovative, but through design and making sure that these roads don't dead end, that you can actually get -- traverse between the section line roads internally I think can help to some degree. We are still moving motor vehicles, though, even in a lot of that approach. De Weerd: Good evening, Justin. Thank you for joining us. Lucas: Madam Mayor, Members of the Council, for the record my name is Justin Lucas. I represent the Ada County Highway District. Business address is 3775 Adams Street in Garden City, Idaho. Madam Mayor, Members of the Council, so ACHD carefully considers how wide a street needs to be. We don't want to build roads that are too wide either. They are more expensive to build, they are more expensive to maintain. What we are finding as we build out an urban network in the county, specifically in the City of Meridian, is that there is a lot of growth planned in the future and so when we do a project like this one of the biggest considerations we take into account is we would prefer just to touch this roadway once and be done and not have to come back in five years or seven years or ten years even and then widen it again and that has been our strategy. That is the strategy that is supported by our commission. And in some cases five lane roadways, you know, based on the projections, based on the modeling, based on your Comprehensive Plan are the appropriate solution. You know, this -- this specific road, Locust Grove, if you look at it in context, it's one of the very few ways to get over the freeway. There is a freeway overpass that is five lanes in this area. It connects into Overland, which is a major east-west corridor and the freeway itself is not that far away and there is a lot of growth currently happening and planned to happen south of this corridor. So, that's why we -- we are pursuing a five lane cross-section on this specific -- on this specific project. Our CIP calls for it. All of the analysis we have done calls for it. And we believe it's the right approach for this specific cross-section. That being said, certainly there are right of way implications to that -- to that strategy and this subdivision -- I'm not sure the name of it -- that is on the west side of Locust Grove -- has been around a long time and when it went in it wasn't preserved for that space back. I don't know. It's been there quite a while. Maybe -- De Weerd: Is that Sportsman Point? Lucas: Yeah. Sportsman Point. Might have been the '80s. It's been -- it's been a long time. And so we have tried really hard -- as you think about Ustick and some of these other corridors we have built out, we haven't had these issues, because we have been Meridian City Council Meeting Agenda October 15, 2019 – Page 33 of 294 Meridian City Council October 8, 2019 Page 8 of 21 able to preserve for the right of way. In this specific instance it's one of those situations where the -- the full right of way has not been preserved and, therefore, we are going into some of those HOA lots that have been established years and years ago, which we have done many times before. De Weerd: Council, questions for Justin? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Justin, thank you so much for being here. We always appreciate it. I am a 23 year resident of Sportsman Point, so I have been hearing a lot from my neighbors that back up to Locust Grove and they are really upset and they are really sad and I just say I can help relay and I don't know if there is anything else -- if there is any other -- I know there was one town hall open house, but I know they are looking for -- for more information and to be heard. Lucas: Madam Mayor, Council Woman Little Roberts, thank you. Yeah, we did hear from -- from the neighbors at the town hall. When we do these types of projects oftentimes we are having specific conversations with specific people, many of which live along that -- that road and back up against the Locust Grove Road and so there is ample opportunity for the -- this -- this type of dialogue. Certainly one of the outcomes of the public involvement meeting was you having this conversation and potential further conversations with ACHD commission about what type of pedestrian facility, detached, attached -- that's certainly up for consideration and something that can be looked at. I think if it's the three versus five lane question, that's really more of a policy question. I mean that -- that would be a significant shift from all of the planning and -- and thought that has gone into this network. It's really more a network question, because once you squeeze traffic in one location it spills over into other locations. There is no way in a mile grid system to have all those mile grid streets be three lanes when you have 115,000 people in your community. Certainly communities are searching for options on how to move traffic more efficiently, but if you go to areas similar to ours that have grown even larger, it's not uncommon to see five lane roadways, sometimes seven lane roadways within those communities trying to accommodate the -- the traffic that is -- that's going to and through the area. That may not be what the neighbors want to hear and that's certainly fair, especially if they have a piece of property backing up against Locust Grove. That being stated, I wish we would have -- back in the -- whatever it was -- the late '80s, early '90s I wish we would have known what this area was going to be back then and I don't know if anyone really thought about that. I don't know if we had the vision back then to know that it would grow this fast, to know that it would be this attractive of an area for people to come to. We do now and we certainly have changed our procedures when it comes to right of way preservation. But in this case, you know, we just -- we just didn't preserve it at the time. Meridian City Council Meeting Agenda October 15, 2019 – Page 34 of 294 Meridian City Council October 8, 2019 Page 9 of 21 Little Roberts: Madam Mayor, follow up. Justin, another one of the issues that -- it's been several years ago, but one of our residents, a teenager was hit and so they are really concerned about the students trying to cross traffic and there has been rumors saying that the Hawk signal would be moved closer to the intersection of Overland and Locust Grove and I have not heard anyone that thinks that that is -- would enhance safety. Lucas: Madam Mayor, Council Woman, that's a great question. I'm not exactly sure of that project detail. I can find out about that. I'm not the project officer on this specific one, so I don't know the -- I know there are -- if it's not one, maybe multiple pedestrian crossings planned into this project, which is very typical for our projects. As to how it's located I don't know off the top of my head, but I can find that out. Little Roberts: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: As a former 12 year resident of Sportsman and the rest practically, in observation and down Green Valley, I want to try to put a nail in the coffin of the three lane idea. As Council Member Little Roberts -- Mr. Nary, you spend plenty of time there on Locust Grove there as well -- the -- myself -- this is Citizen Palmer speaking -- I have very little -- I mean just here and there slow downs with people wanting to turn left, because it's -- in the morning everyone is headed north, in the evening everyone is headed south so left isn't really a problem. The problem exists nine months out of the year during school when there is a two mile backup where everybody is headed north to get to Mountain View High School and having a center turn lane and just two travel lanes would not do a single thing for that. So, the reality is there is absolutely no way that this road gets expanded and it not be five lanes and so whatever we as a Council, even though it's, obviously, out of our hands, whatever -- whatever we can do to help facilitate the discussions and -- and peacekeeping and -- and help with the landscaping, whatever might be necessary to try to preserve the sanity of the neighbors who have experienced decades of an exceptionally wide, beautiful, giant berm, winding sidewalk that will go away, whatever we can do to help ease the pain. Even though I only have three months left I'm talking for a future council, apparently. Happy to do, but there is just no way that this turns into a three lane road. I will literally move closer to Ten Mile to -- because there is -- that's -- I mean I talk a lot to my neighbors, because they are always like when -- when is the roundabout happening, when is Locust Grove getting widened and I try to keep them updated with -- with the dates and it's not just myself, I mean I can't tell you how many are like we are only sticking around because we know that that's going to be five lanes and that we are also looking forward to the next mile. But certainly with that to ease the high school issue nine months out the year is just -- it's bad. Hood: Well, Madam Mayor, if I can this kind of transitions and -- and might be appropriate for Justin to just stay there if you don't mind, but I do want to -- I want to touch on some things, because that is part -- part of mine and we can -- and we can double back if you Meridian City Council Meeting Agenda October 15, 2019 – Page 35 of 294 Meridian City Council October 8, 2019 Page 10 of 21 have more that we can do to mitigate some of those neighborhood impacts, whether it's, you know, requesting this multi-use cross-section -- I'm not saying we, you know, buy trees for those subdivisions or whatever -- or whatever that might be to -- to help kind of lessen the pain there, but I do want to talk about some of those future projects and you just mentioned the mile south and here is some of my concern. History is going to repeat, because all we are doing right now in the CIP is preserving for three lanes on that section of Locust Grove south. Guess what, no one is going to be surprised when the model shows a need for five lanes. You like those subdivision entrances and landscape buffers on Tuscany, that wasn't done in the '80s, that was done this last decade. The planning -- it's nonexistent and that's the concern. Just in 2016 even that's when this section we are just talking about here went to five lanes. Up until then we were preserving for that to be a three lane roadway. So, it's frustrating as staff that these landscape buffers aren't landscape buffers, but holding zones for ACHD to, then, come in and buy them for the right -- the right of way and improve the roads, which are needed, I'm not saying they aren't. I'm not advocating for a three lane roadway, I'm just saying there is -- the planning -- and they are constrained by state code. They can only plan for a 20 year horizon. But, again, don't be -- and I may not be in this, you probably won't be there in five years, but this exact same conversation is going to happen, because the same thing is going to happen the mile south. We all see the need for five lanes there, but no one is planning for it, no one is preserving for it. That is part of this conversation. How do we stop this from happening. Meridian Road I get it, those subdivisions are older. Some of these you can kind of say, yeah, it's been there since the '80s or whatever, but we are seeing a lot of these projects that are newer subdivisions and brand new and we are still not preserving for what we kind of anecdotally know we will need, a five lane roadway on most all arterials and McMillan we kind of give that one -- you know, there is some constraints there with power poles and a big irrigation facility, but for the most part that future model is going to show a need for five and we -- we just don't plan to preserve for the ultimate need and that's what's frustrating I guess is -- but that's -- and, again, it's not -- ACHD is constrained that way that they have to -- they have to show how they can pay for these improvements and not just plan for these really wide roadways all over the place. But, again, the land -- subdivision landscape buffers are the ones that end up paying the price or the cost to accommodate that future roadway, so -- and that's part of the conversation that we want to talk about future projects and how do we -- Locust Grove to the south is -- is currently planned for three lanes and I don't have that up, but most of that is annexed and developed in the city already. So, there is really not even a lot we can do about that one, it pretty much is where it is, but ACHD is only planning for that to be three lanes. What are we supposed to do as staff? You know, it's tough. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: To ask Caleb, I think we definitely -- you know, just seeing the explosion that's happened over the last, you know, ten, 15 years, I think that it's really important to maybe change the way that we do things and look into the planning better for this and to Council Woman Little Roberts, this is the first time I have ever heard anybody complain about Meridian City Council Meeting Agenda October 15, 2019 – Page 36 of 294 Meridian City Council October 8, 2019 Page 11 of 21 wanting a smaller road. Traffic problems have been the main number one complaint of every citizen I have talked to in Meridian for the last -- for as long as I have talked to citizens, so -- because I started campaigning over six years ago that -- that's the main complaint and it -- it's getting worse and worse and worse every year. So, I'm not saying make roads too big, but they -- definitely make them big enough. I live on Meridian Road, you know, it's like counting -- how many people go through that road during rush hour. It's painful. It's a painful drive. I'm excited for next year. But I have never heard anybody say, no, please, make my road smaller. I just really struggle with that. De Weerd: Well, I have. Once -- once your three lanes -- your two lanes with the center turn lane turns to five and they see now how fast traffic travels and how hard it is to get across two fast lanes of traffic going one direction to turn left, people get a little bit different opinions and especially when they have lost their sense of place, because you now have a corridor of pavement, a narrow sidewalk, and a fence. So, it's -- it's the width of the sidewalks, it's the separation between those fast cars now that -- that have concern and people almost want to go back to their three lane roads, because it -- it feels safer. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Then we put walls up around the city, because there is -- De Weerd: Oh, what a unique idea. Milam: We can't have it both ways. You either get your sense of place or you can move traffic. I mean we can't do -- sure, wouldn't we all love a cobblestone road and a view, but if you can't drive down it what good does it do you, unless we just give up cars. Sorry. You can't have it both ways. De Weerd: Well, you did say you hadn't heard and I was offering -- Milam: Okay. De Weerd: -- I have, so -- Milam: All right. Thank you. De Weerd: What a cop out. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To the question before us, for -- for me the -- when you show the cross-sections, it's the bottom one that seems to balance the consideration the best in the stretch. Meridian City Council Meeting Agenda October 15, 2019 – Page 37 of 294 Meridian City Council October 8, 2019 Page 12 of 21 Relatively smaller footprint, removing the bump in the bike lane, allowing that to be multi- purpose sidewalk is the -- I think the fairest consideration under difficult challenges. So, there is the answer. And, then, the question for maybe a later discussion, but -- but soon is what are the options and opportunities for how we could help mitigate some of this impact. We don't need to vet may be right now on the dais, but put a pin in that, knowing that we want to try and assist if we could in some reasonable manner. The ship has sailed and the need is there. That one seems to be the one that balances the consideration the best in my -- in my view. And, Madam Mayor, I think a future meeting topic would be what we can do within our control, whether it's south -- and there will be other areas that we need to highlight and, you know, take maybe a more proactive approach than we have, understanding ACHD's constraints, nothing constrains us from imposing our own land use conditions for right of way preservation if necessary. Again, that's a different conversation for a different day, but -- so we don't -- De Weerd: Caleb, is there another cross-section choice that is not on here? Hood: Madam Mayor, I mean I think these are -- these are some that Brian just came up with as reasonable alternatives as you mentioned and it doesn't sound like three lanes is all that popular, but there are -- there are several hybrids of these and even within the travel lanes those can vary in width, too. So, you can pick up a foot here or make it, you know, a foot wider, kind of give or take on some of that. So, yeah, there is -- I don't want to say limitless, but there is certainly other cross-sections that potentially could be out there. You know, ACHD's already invested in the 50 percent design concept, the second one. It is a concept at this -- at this point and they are seeking publicly -- De Weerd: See -- and we are saving you -- we are saving you eight foot there. So, maybe we can save a couple trees and not have you replace them somewhere else. Can we do that? So, I guess, Caleb, by your statement, if they have planned for the 99 foot right of way and you say that maybe you have a couple of -- a foot here and there, can you make the buffer a little bit wider? Lucas: Madam Mayor, Members of the Council, just to throw a few thoughts in here. The ultimate difference between 99 feet and 92 feet is -- you know -- De Weerd: It's seven. Lucas: -- seven feet. If you split that on either side you are talking about three and a half feet on either side and so I just don't want there to be an impression that we are going to be able to save a bunch of trees by mitigating this three and a half feet on either side. De Weerd: Just making a suggestion. Lucas: Yeah. There may be a way to -- that may have that outcome, but oftentimes once you get close to a tree, even within the root line, the tree is -- is a loss, because either -- either we remove it or it dies a year later, because it -- because we damaged the roots. So, I just -- if -- this widening project is going to have impacts on the landscaping. That Meridian City Council Meeting Agenda October 15, 2019 – Page 38 of 294 Meridian City Council October 8, 2019 Page 13 of 21 is a -- that is a fact and I just -- I don't want you to believe that by modifying the cross- section some way -- and that may be your recommendation, which is totally up to you and there may be other reasons to modify it, but if it's solely to preserve landscaping, that -- that -- or trees specifically, that is an unlikely outcome. Borton: Madam -- De Weerd: Mr. Borton. Borton: The reason for my comment on that is it seems to -- it captures all of the purposes of the 99 feet, so it meets those needs, yet provides, you know, all things being equal, a net less impact. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, I guess to add to that, if there -- you already have 99 feet of right of way. They could put in -- they could do the bottom one with the extended buffer, plus a bike lane. No? Lucas: Madam Mayor. Just to clarify, we haven't purchased the right of way yet. So, we are in the design phase. Once we design a project and determine the ultimate cross- section, we, then, go and purchase the necessary right of way. So, if, indeed, the cross- section has shrunk down a little bit, we would have to likely buy less, because we wouldn't need as much to -- to build -- build the project. So, there is just -- those are some of the balancing factors there. De Weerd: And I think that we have identified those multi-use sidewalks would be both bike and pedestrian. Lucas: And Madam Mayor, Members of the Council, further information on those. Many people like the multi-use pathway idea. Many cyclists do not like them. I'm just -- just for full -- we hear on both sides all the time. This isn't a new issue for us. And so we have some knowledge on this specific issue. Many of the cyclists who commute or ride want to ride faster -- don't like the concept of being up and out of the street on a pathway, because they can't go as fast, there is potential conflicts with pedestrians, et cetera. So, there is some tradeoffs. There is always tradeoffs to these decisions and that's my only point with -- with that comment. De Weerd: And there will be a tradeoff. But I think if we ever want to move from auto dependency you have to provide a safe environment for your kids to bike and no parent would put their kid out on a bike lane on the road. So, if we want to change that, that we have more bike friendly -- they have figured it out in other countries of how bikes and people can share a lane and it can actually move along. But we need to start somewhere. Any -- any other questions for -- for Justin? Or for Brian or -- or Caleb? Meridian City Council Meeting Agenda October 15, 2019 – Page 39 of 294 Meridian City Council October 8, 2019 Page 14 of 21 Hood: We will come back at a future date, then, and talk some more and I would like to talk to Justin offline and see if there is maybe some way that we can come up with an ultimate preservation and I will just throw this out there now and we will have the conversation maybe later. We did a similar thing for Chinden before ITD had need to purchase that, but we knew that the cross-section was going to be wider. We had -- as development came in we had them, basically, plat two common lots along -- paralleling the state facility, one that would be the future buffer and one that was reserved that -- when ITD had the money they would go buy it from the developer. So, your building setbacks were at its ultimate location, but the transportation agency had -- didn't have the funds yet to do that. So, we worked with them -- that puts the city in the middle of some of that, but I would rather have that discussion, if you will, with the development community, rather than having it with existing neighborhoods later on and buying those landscape buffers. But that -- that could be one solution, but we still need ACHD's help in that to come up with the ultimate cross-sections for some of these roadways and this -- just one final -- this ties into some of the conversation we will have next year, too, with the Comprehensive Plan and implementing that and -- and where we grow -- are we going to do that on all arterials everywhere all the time or are we going to say we are going to target growth in certain areas and work with ACHD to say we are preserving the right of way, because these roads are the ones we need to widen to five lanes or whatever. And, yeah, Black Cat, we are going to -- we are not, because we are not approving development out there or whatever. So, I just wanted to kind of tie that in. That -- to me that is part of this conversation is -- for Meridian, anyways, we need to strategically grow and we need our community partners to be part of that and be on the same page with them, too. Anyway -- De Weerd: And I think the comment that South Eagle Road dead ends into Hubbard Road, you know that the impact at some point is finite. These other ones that have good connectivity, they probably should be locked at, but when you say that Locust Grove is now going to look like Meridian Road, that's frightening and -- but it's what it will look like. Maybe not at the same speeds hopefully. Yeah. That's concerning, because it is in the middle of your -- your community and -- and -- but in that area you have to get some sidewalks out there for these high school students to walk to school on. That's paramount. Okay. So, we will come back to this at some point. And just some -- the master mobility map on the Comprehensive Plan contemplates a lot of this. Hood: Again, that's kind of -- yeah, that last part of the discussion working with ACHD on -- realize you're fiscally constrained to 20 years, but let's think 50 and 75 years out and -- De Weerd: Yeah. Well -- and we appreciate your involvement, Justin, with that, because we do have to look like David Zaremba said, longer term and further down the road. Lucas: Thank you. De Weerd: Thank you. If there is nothing further -- Brian or Caleb, anything further on this? Okay. Meridian City Council Meeting Agenda October 15, 2019 – Page 40 of 294 Meridian City Council October 8, 2019 Page 15 of 21 B. Public Hearing for City of Meridian Business Hours De Weerd: Okay. Item 8-B is public comment on the plans for City of Meridian business hours, contemplating a pilot project that would last two months on what would be office or City Hall hours that would be most convenient for our citizens. We did go out and poll on NextDoor what would be the most convenient for you to apply for permits, pay your utility bill, meet with staff and ask questions at City Hall. We asked to provide the vote on -- by yesterday and we had 117 votes vote between Monday through Thursday 8:00 a.m. to 6:00 p.m. and Friday 8:00 a.m. to 1:00 p.m. The other option was Monday through Friday 8:00 a.m. to 5:00 p.m. We did not reduce the amount of hours of open office time to our citizens. We did have some citizens say they did like the idea that they could do business with the city on their way home from work. We have 58 percent choose the Monday to Thursday 8:00 a.m. to 6:00 p.m. and Friday 8:00 a.m. to 1:00 p.m. Forty-one percent chose to maintain the office hours that we have now. So, Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Madam Mayor, nobody signed up. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to weigh in on our office -- our hours of operation for City Hall and city facilities? Okay. Council, we can put this on for next week, so we have a full Council. What would you like to do? Borton: Madam Mayor? De Weerd: Uh-huh. Borton: That makes great sense to do that. Have it available for potential action next week. C. Public Hearing for Hands Free Driving Ordinance De Weerd: Okay. Very good. Well, then, we will move to Item 8-C, which is a public hearing for hands free driving ordinance. This we also put on NextDoor to ask our citizens to weigh in. The question was should drivers be allowed to hold handheld devices while driving in Meridian. We did note that their input would be provided to City Council for their consideration on determining a hands free city ordinance, if it's right for the City of Meridian or not. We had 553 votes. Seventy-four percent said it should be illegal and 25 percent said it should be allowed. So, Council, at this point I will ask our clerk to see if there is any -- anyone signed up. Johnson: Madam Mayor, nobody signed into this topic. De Weerd: Okay. This is a public hearing. We are seeking comments from our citizens on what your thoughts are on this particular ordinance. Is there anyone who wishes to provide comment? I think you should get an extra patch if you make comment. Come on up. Oh, part of it is you have to come to the podium, state your name and address and -- and we would love to hear -- especially what a youth perspective is. Meridian City Council Meeting Agenda October 15, 2019 – Page 41 of 294 Meridian City Council October 8, 2019 Page 16 of 21 McCormick: All right. So, I'm Michael McCormick and my address is 2250 West Piazza Street. And so I would like to say that I don't think handheld devices should be allowed to be in someone's hand or possession while driving, because I don't think it's safe for other people. De Weerd: Thank you. McCormick: Yeah. De Weerd: We appreciate you getting up and good luck with that. Okay. Is there anyone -- yes, I -- yes. Please. Now, see, I think you're going to have to grab that mic and pull it down. M.McCormick: Probably. My name is Miles McCormick. I live on 2250 West Piazza Street. Same as him. I do not think handheld devices should be allowable when someone is driving, because it could be dangerous for other drivers, along with yourself, because say you're like having a call and you're thinking about something else, well, you might not be looking in front of you, so -- oh, no, poor big Johnny, I'm just going to say, just ran down -- just gets -- hits you as you run a red light. De Weerd: I think it's happened before, so that's a very likely scenario. Thank you for your testimony. Torrence: My name is Lynn Torrence and I live at 740 -- no. 7042 North Agrarian Avenue. I think. Or -- I'm -- I'm not sure. De Weerd: In Meridian; right? Torrence: Yes. Same thing for -- like Miles said, because if you -- so, you know how like the road moves, so like all the fences, so say you accidentally like -- they could accidentally like rip through somebody else's house and just end up like chaos in the neighborhood. De Weerd: That's -- that's true. Torrence: Yes. De Weerd: Thank you for your testimony. Is there anyone else who would like to provide testimony on this item? Okay. Again, Council, we can continue this to next week when we have a full Council. Okay. Well -- and thank you. We appreciate you joining us at our City Council meeting and weighing in. We always love to hear the voice from our youth. Item 9: Ordinances A. First Reading of Ordinance 19-1852: An Ordinance Adding Meridian City Council Meeting Agenda October 15, 2019 – Page 42 of 294 Meridian City Council October 8, 2019 Page 17 of 21 Meridian City Code Section 7-1-14, Prohibiting The Use Of Handheld Electronic Mobile Devices While Operating A Vehicle; Adopting A Savings Clause; And Providing An Effective Date De Weerd: Item 9-A is the first reading of Ordinance 19-1852. We can read it for the first reading. We still will have two others. Mr. Nary. Nary: Madam Mayor, Members of the Council, so you have two ordinances actually listed and so I would suggest if you want to give us direction what you would like to see -- De Weerd: Which one? Nary: -- you could put that on for a first reading next week. De Weerd: Okay. Nary: Or you can do it for all three. Whatever your preference is. First reading or all three. But next week I would pick one and give us that direction. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In light of the -- all of the information we have received, it seemed to make the most sense to go forward with the single fine version and -- but change that amount to 90 dollars, rather than 25. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I think that in -- in all of our outreach that we are going to do that needs to be -- I think it needs to be well known that that 90 dollars is 150 dollars, not 90 dollars, once you add the court fee in. So, I think that will help. I think 90 is a little steep once you add in the court costs myself, so -- maybe go -- I would go for something that maybe ends up being a hundred, but I understand the chief wants it to be 90 and that's the standard for a lot of other things. But the state distracted driving is 25 plus for court costs, which is 90. So, it's either we market it as 90 or we charge the 90 plus court costs and let people know that it's really 150, because court costs are quite substantial and so it's not a surprise to people. We are already hitting him with something -- and, you know, if they are breaking the law they should be, but -- Borton: Madam Mayor? I think it's totally -- Meridian City Council Meeting Agenda October 15, 2019 – Page 43 of 294 Meridian City Council October 8, 2019 Page 18 of 21 De Weerd: Mr. Borton. Borton: Mr. Nary, isn't -- inclusion of court costs is not required, isn't it? Aren't there other infractions that are just a fine and -- period? Nary: Madam Mayor, Members of the Council? No, sir. All -- all of them have court costs attached. So, they are all a fine and, then, there are required court costs that the court must collect on infractions. De Weerd: Versus the -- the example that the chief gave if we did enhance other fines, like the off leash, this -- that -- that doesn't have court costs then? Nary: Madam Mayor, Members of the Council, court costs are attached on every single infraction. They are required by code. De Weerd: Okay. Nary: So, the county clerk is required to collect it. De Weerd: Okay. So, whether you have a handheld device or a dog off leash, it would -- you still have court costs? Nary: Yes, ma'am. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, for an infraction are their court costs included? Nary: Are they included in the 90 dollars? Borton: We are asking the same question, but -- Nary: Yes. Court costs are always attached. Borton: Same answer. Nary: Yes. Milam: They are not included, though. De Weerd: Yes, Mr. Borton. Meridian City Council Meeting Agenda October 15, 2019 – Page 44 of 294 Meridian City Council October 8, 2019 Page 19 of 21 Borton: And if we publish with the 90 dollars plus court costs that might invite some public hearing next week, so maybe we will get some new comments. De Weerd: Yes. Chief Bongiorno, did you have your hand up? Bongiorno: Madam Mayor, I did not. De Weerd: Okay. Okay. Anything further on this? Okay. We will bring this back next week for the first reading. B. Ordinance 19-1853: An Ordinance Amending Title 10, Chapter 4, Meridian City Code, Adopting Local Amendments to Section 307 of the 2015 International Fire Code, Regarding Open Burning; and Providing an Effective Date De Weerd: Okay. Item 9-B is Ordinance 19-1853. Mr. Clerk, will you, please, read this item by title only. Johnson: Thank you, Madam Mayor. It is an ordinance amending Title 10, Chapter 4, Meridian City Code, adopting local amendments to Section 307 of the 2015 International Fire Code, Regarding Open Burning; and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Okay. Thank you for that. Milam: Madam Mayor? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Ordinance 19-1853 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-B, Ordinance 19-1853. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, nay; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. Meridian City Council Meeting Agenda October 15, 2019 – Page 45 of 294 Meridian City Council October 8, 2019 Page 20 of 21 C. Ordinance No. 19-1854: An Ordinance Amending Meridian City Code Section 2-1-1C Allowing for Appointments for Partial Terms for Commissioners; Adopting a Savings Clause; and Providing an Effective Date De Weerd: Item 9-C is Ordinance 19-1854. Mr. Clerk, will you, please, read this by title. Johnson: This is an ordinance amending Meridian City Code Section 2-1-1C, allowing for appointments for partial terms for Commissioners; adopting a savings clause; and providing an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who wishes to hear it read in its entirety? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1854 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-C, Ordinance 19-1854. Any comments? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 10: Future Meeting Topics De Weerd: We did add one thing under Item 10, Future Meeting Topics, is to have further discussion on the roadway designs and right of way needs for future roads. Anything else? Item 11: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated De Weerd: Okay. Council, we took care of our business in our work session for the Executive Session and so if there is nothing further I would entertain a motion to adjourn. Meridian City Council Meeting Agenda October 15, 2019 – Page 46 of 294 Meridian City Council October 8, 2019 Page 21 of 21 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we adjourn. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:58 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD�ORATEoq��Gs DATE APPROVED Go�Q ATTEST (ifY Of IDIgN " CHI J 0N_- CITY CL K SE ° i �fhe TzenSU�F• �ifE IDIAN*,----- CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 6 A Item Title: Proclamation - Crime Prevention Month Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time for P resentation: Title of I tem - Crime P revention M onth C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roclamation C over Memo 9/18/2019 RE V I E WE RS : Department R eviewer Action D ate Mayors Office J ohnson, Chris Approved 9/18/2019 - 11:13 A M Meridian City Council Meeting Agenda October 8, 2019 – Page 4 of 57 Meridian City Council Meeting Agenda October 8, 2019 – Page 5 of 57 E IDIIZAN*,---,, CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 7 Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their: elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes: Ci/�H IDIAN*,--IZDAHO CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 8 A Item Title: Planning Division Presentation and Discussion ACHD Plans for Locust Grove Rd., Victory to Overland Cross -Section Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Caleb Hood, Brian M cC lure Estimated Time for P resentation: Title of I tem - Planning Division Presentation and Discussion: AC HD Plans for L ocust Grove Rd., Victory to Overland Cross-Section AC HD is designing a ro ad way projec t to imp ro ve Lo cus t G rove, s outh of O verland. C urrently, they have planned a 5-lane ro adway with b ike lanes and s id ewalks . T here is s ome c onc ern about the impac ts that this projec t wo uld have on adjac ent p ro p erty owners and commuters. S taff wo uld like to s hare this informatio n with C o uncil and seeks direc tion on s taff's ro le as well as any p referenc e in design. Link to AC HD Public Meeting D ocuments C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council C over Memo 10/3/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 10/3/2019 - 10:25 A M Meridian City Council Meeting Agenda October 8, 2019 – Page 6 of 57 Community Development Department 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org October 3, 2019 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk Cameron Arial, Director Caleb Hood, Planning Division Manager FROM: Brian McClure, Comprehensive Associate Planner RE: Locust Grove, Overland to Victory Road Project & General Guidance with Roadway Projects The Ada County Highway District (ACHD) recently went out to the public with a 50% design concept for the Locust Grove Road, Victory Road to Overland Road widening project. This is the #1 project on the City’s yearly priority list to ACHD. The road is currently improved with a single-lane in each direction with no center turn-lane; no curb/gutter, limited (if any) paved shoulder, limited deceleration/turn-lanes, and fragmented sidewalk connectivity. Most of the section mile on each side of Locust Grove Road are built-out with City subdivisions and several direct access County enclaves on each side of the road. Information on this project including displays and concepts from the public meeting can be found on the project website here: http://achdidaho.org/Projects/proj_road_locust-grove-victory- to-overland.aspx . The proposed design concept is fairly controversial. Staff understands there is congestion and safety concerns with the current configuration of the roadway and that improvements are needed. However, there are significant impacts to adjacent neighborhoods if this roadway is improved as currently designed. Staff would like to better understand what level of involvement and advocacy (if any) that the Mayor and City Council would like Planning staff take with this project, and others like it. Staff would like to better understand from Council the preferred level of City Meridian City Council Meeting Agenda October 8, 2019 – Page 7 of 57 2 involvement in this ACHD project, and others like it, preferences with regard to design, and commitment (if any) for additional improvements including shared bike-ped facilities that could conceptually be on the back-side of the curb. Typically, the City and ACHD plan/preserve for most arterial roadways to be 5-lanes wide, with curb, gutter, bike lanes and sidewalk. Usually, Staff requests detached sidewalks on these types of projects, understanding that the City is generally willing to cost-share for additional right-of- way over an attached sidewalk configuration as this presents a more friendly pedestrian environment. This project is more complex however, with limited right-of-way for improvements and severe impacts to subdivision landscape buffers. While ACHD’s Master Street Map (MSM) shows this section of Locust Grove as being preserved for 5-lanes (97-feet), most of the subdivisions in this area were approved prior to the MSM Plan, with landscape buffers more appropriate for 3-lanes. Therefore, the City-required landscape buffers are being significantly impacted in order to provide the additional through-lane in each direction. Existing right-of-way (ROW) varies throughout the corridor, but is generally in the area of 70-feet wide along the residential portions. More of the existing right-of-way falls on the western side of the roadway, with the edge of property on the eastern side of the road often much closer to the road. The 50% concept design depicts a cross-section of 99-feet which includes buffered bike lanes and a combination of attached and detached sidewalk. The alignment of this concept impacts properties to varying degrees, but generally speaking there is more ROW needed on the eastern side of the road, and more impacts to subdivision landscape buffers on the western side of the road. Much of the existing landscape improvements, including trees, are within existing ROW. Subdivision common area property is often limited to as little as 5 or 10 feet, with much of the landscaping improvements in ACHD ROW. ACHD will generally patch-back and replace turf impacted by construction impacts and the final roadway cross-section, but they do not typically replace other landscaping such as trees and shrubs; ACHD typically compensates HOA’s for ROW and tree impacts in common area, but does not coordinate or pay to install landscaping. The City does not have a mechanism to ensure that HOA’s use any reimbursement received from ACHD for new landscape improvements in remaining landscape areas. Throughout the outreach efforts for the new Comprehensive Plan, City staff have heard about neighborhood identity extensively. Is that important here, and what is the City’s role if any for that element on an ACHD project? Is the City willing to participate in efforts to preserve or re- establish neighborhood identities through landscaping? Would the City be willing to request and support a 3-lane configuration roadway, understanding that 2040 projections warrant a 5-lane configuration? Meridian continues to find itself accommodating traffic from other communities, and not just east-west, but also north-south. There exists tremendous growth potential in southern Ada County and consequences and trade-offs should be considered in accommodating it. Attachments: Location Exhibit Map Meridian City Council Meeting Agenda October 8, 2019 – Page 8 of 57 ACHD Project Coordination Locust Grove, Victory to Overland + Future Project Coordination Meridian City Council October 8th, 2019 Locust Grove, Victory to Overland (Existing) •City’s #1 Project Priority •Existing 2-lane cross-section –No Center turn lane –No bike lanes –No curb/gutter –No consistent sidewalks (many gaps) –Traffic volumes over design capacity –Projected 2040 traffic volumes suggest need for 4/5 lanes. Locust Grove, Victory to Overland (Proposed) 50% Concept Design •5-lanes (including center turn lane) •Bike lanes •Detached sidewalk •Two pedestrian crossings Consequences •Heavy Impacts to landscape buffers and trees (almost all of them). •Damage to quality and sense of place •Parkway (buffer) marginalizes remaining landscape area City Priorities What does the City want (long-term)? •Quality of Place vs. Congestion Public is divided •Comments received by ACHD generally split on cross-section More broadly… •Is the City willing to step-in more? ACHD won’t re-establish landscaping •Should our baseline standard change (along with commitment to fund)? Cross-sections & Ideas Two Paths •Support a cross-section that better meets long-term traffic needs •Support a cross-section that may better preserve community values, but will be congested Either way: •Restored landscaping will be turf and rock. •Much of the landscape now is nice because of mature trees and space –Both are lost –Keeping it nice will require more thoughtful landscape designs with less space Cross-sections Future Projects •Most arterials are planned for 5-lanes, curb, gutter, sidewalk and bike lanes •Locust Grove to the south of Victory and north of Ustick = 3-lanes –LG/Fairview intersection and LG north •Overland and Fairview (to Meridian Road) = future 7- lane sections •McMillan, Victory (east of Eagle Rd), and Meridian (north of Ustick) = preserving for 3-lanes Discussion & Feedback •Pedestrian, bike and neighborhood character vs. Traffic Model and congestion •Should staff be advocating for more, less (of what)? •Should our baseline standards/requests change (on-street bike lanes, detached sidewalk and street lights)? •ACHD Cost Share Policy and “non-transportation” elements. Are we willing to commit more resources to road projects? For what elements? •How active/involved does Council want to be? QUESTIONS ACHD Project Website http://bit.ly/LocustGrove191008 3 Location Exhibit Map: Meridian City Council Meeting Agenda October 8, 2019 – Page 9 of 57 EIDIAN*,----- IDAHO CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 8 B Item Title: Public Hearing for City of Meridian Business Hours Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time for P resentation: Title of I tem - Public Hearing for C ity of M eridian B usiness Hours C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate NextD oor Poll Results C over Memo 10/7/2019 Comments Received by E mail C over Memo 10/8/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 10/4/2019 - 11:09 A M Meridian City Council Meeting Agenda October 8, 2019 – Page 10 of 57 Meridian City Council Meeting Agenda October 8, 2019 – Page 11 of 57 1 Charlene Way From:Alexa Conway <alexaconway@earthlink.net> Sent:Thursday, October 03, 2019 10:04 AM To:Meridian City Clerk Subject:Meridian City Hall I would dearly love to have more ability to conduct business in our own City Hall in Meridian. It makes me nuts that we have to drive to downtown Boise, fighting for parking and go through so much just for basic court items. Even having a Magistrate available a few days a week in Meridian would be of great benefit considering our growth in Ada County. We’re not a small area anymore but we still have to drive to a different City in order to do basic things that require a Court Officer. Case in point: my name was not returned after my divorce but I have to drive to Boise in order to do anything about it. Case in point: a friend of mine was hit in her vehicle in Meridian but the only Judge she could see (the kids’ parents fought their ticket) was in Boise. She lives in Meridian and has a business but had to take the day off because of the time involved to go to/from, find parking, clear security and wait for the case. Case in point: I just did a job for a gentleman and his wife while they were out of the Country. He did not fully pay me. I have all the proof of our agreement but in order to fight this I have to drive to Boise, find the Courthouse, etc. and so do they. It’s crazy inconvenient when our City is this size and we have facilities that could serve us. My two cents. Alexa Conway, Meridian Idaho 83642 Meridian City Council Meeting Agenda October 8, 2019 – Page 12 of 57 1 Charlene Way From:Shelly Doty <sdoty@boisestate.edu> Sent:Thursday, October 03, 2019 10:01 AM To:Meridian City Clerk Subject:Re: Poll on doing business with City Hall Hello, Just wanted to send a suggestion that offering short Saturday hours, along the lines of 9 am - 1 pm, would really be beneficial to members of the community. Most of us work full time and it's hard to take time off work to get to City Hall when needed. Thank you for your time, Shelly Shelly M. Doty 204 E. 2nd St. Meridian Meridian City Council Meeting Agenda October 8, 2019 – Page 13 of 57 �rE IDIZ IAN? - CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 8 C Item Title: Public Hearing for Hands Free Driving Ordinance Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.C . Presenter: Estimated Time for P resentation: Title of I tem - Public Hearing for Hands F ree Driving Ordinance C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Draft Ordinance with F ixed Penalty Ordinance 10/1/2019 Draft Ordinance with G raduated Penalty Ordinance 10/1/2019 NextD oor Poll Results and Comments C over Memo 10/4/2019 P ublic Comments Received by E mail C over Memo 10/8/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 10/4/2019 - 11:09 A M Meridian City Council Meeting Agenda October 8, 2019 – Page 14 of 57 ORDINANCE ADDING SECTION 7-1-14 PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD WIRELESS DEVICES WHILE OPERATING A VEHICLE UPON A STREET OR HIGHWAY WITHIN THE CITY OF MERIDIAN; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld wireless devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, the use of handheld wireless devices while on the roadway in a vehicle on a street or highway can be a cause of road rage and distracted driving; and WHEREAS, an ordinance prohibiting the use of handheld wireless devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD WIRELESS DEVICES: A. PROHIBITED ACTS: It shall be unlawful to use a handheld wireless device while operating a vehicle upon a street or highway within the City of Meridian. B. EXCEPTIONS: This provision shall not apply to the following: 1. Use of a handheld wireless device in a voice-operated mode, where the operator of the vehicle does not hold or manually operate the device, except to activate or deactivate the voice-operated function of the device. 2. Use of a navigation feature on a handheld wireless device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld wireless device to report an emergency to a law enforcement agency, fire department, health care provider, or other emergency services provider. Meridian City Council Meeting Agenda October 8, 2019 – Page 15 of 57 ORDINANCE ADDING SECTION 7-1-14 PAGE 2 4. Use of a handheld wireless device while the vehicle is parked off the roadway. 5. Use of a handheld wireless device by a peace officer, firefighter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person’s official duties. 6. Use of a handheld wireless device by a public utility employee or contractor acting within the scope of that person’s employment while responding to a public utility emergency. C. DEFINITIONS: The definitions set forth in Title 49, Chapter 1, Idaho Code shall apply to terms used in this section. Further, for purposes of this section, the following terms shall be defined as follows: Handheld Wireless Device. Any handheld or portable electronic device capable of receiving, producing, displaying, or providing wireless data or voice communication. “Handheld wireless device” shall not include a radio designed for the citizen band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device. D. PENALTIES: 1. Every person who violates this section shall be guilty of an infraction and punishable by a fixed penalty of $25.00 plus the appropriate court costs. 2. A conviction under this section shall not result in violation point counts as prescribed in section 49-326, Idaho Code. In addition, a conviction under this sectio n shall be deemed to a non-moving traffic violation and shall have no points assessed as prescribed by Idaho Code . E. SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Meridian City Council Meeting Agenda October 8, 2019 – Page 16 of 57 ORDINANCE ADDING SECTION 7-1-14 PAGE 3 Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this ____ day of ____________, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of _____________, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda October 8, 2019 – Page 17 of 57 ORDINANCE ADDING SECTION 7-1-14 PAGE 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while driving a vehicle; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ____________________________________ City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-____________ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-_____ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2019. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting Agenda October 8, 2019 – Page 18 of 57 1 Chris Johnson From:Shandy Lam Sent:Friday, October 4, 2019 2:01 PM To:Chris Johnson Cc:Adrienne Weatherly Subject:Hands Free Ordinance Poll Hi Chris, Below are the results and comments from our hands-free poll. Would you mind sharing this with City Council so that they can view and digest it before Tuesday? Thank you! Shandy Meridian City Council Meeting Agenda October 8, 2019 – Page 24 of 57 2 Meridian City Council Meeting Agenda October 8, 2019 – Page 25 of 57 3 Meridian City Council Meeting Agenda October 8, 2019 – Page 26 of 57 4 Meridian City Council Meeting Agenda October 8, 2019 – Page 27 of 57 5 Meridian City Council Meeting Agenda October 8, 2019 – Page 28 of 57 6 Meridian City Council Meeting Agenda October 8, 2019 – Page 29 of 57 7 Meridian City Council Meeting Agenda October 8, 2019 – Page 30 of 57 8 Shandy Lam City of Meridian | Communications Manager 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.489.0538 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda October 8, 2019 – Page 31 of 57 Chris Johnson From: Robert Simison Sent: Monday, July 29, 2019 4:22 PM To: B rya n Cc: Jeff Lavey; mayortammy; Anne Little Roberts; Joe Borton; Ty Palmer; Treg Bernt; Genesis Milam; Luke Cavener; Chris Johnson Subject: RE: Please support hand-held phone ban Bryan, I wanted to let you know your email has been received and I know the Mayor and City Council appreciate hearing your comments and perspective on this issue. I have also copied Chief Lavey so he is aware of your comments regarding this issue. Currently the City Council is considering any next steps on this issue. Should a hands free ordinance move forward with a public hearing, I will ask our City Clerk to include your comments into the public record. Thank you and have a great day. Robert Simison Chief of Staff City of Meridian Mayor's Office All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Bryan <bry876@yahoo.com> Sent: Friday, July 26, 2019 10:02 AM To: mayortammy <mayortammy@meridiancity.org>; Anne Little Roberts <alittleroberts@meridiancity.org>; Joe Borton jborton@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Luke Cavener <Icavener@meridiancity.org> Subject: Please support hand-held phone ban A recent Meridian Press article reported that Police Chief Jeff Lavey asked the Meridian city council to create a hands free cellphone ordinance. He explained that getting drivers off of their phones would help to reduce incidents of road rage, accidents, and distracted driving. As a resident of Meridian I agree with Police Chief Lavey and strongly support the creation of a hands free cellphone ordinance in the city of Meridian --with the inclusion of significant fines/penalties for those who violate the ordinance. Traffic is going to keep increasing and it's time to get more serious about safety and attentive driving in our city. The only way to get some people to drive attentively and responsibly is to make this a law. Please make our roads safer and implement a hands-free cellphone ordinance. Meridian can lead the way on this issue in the Treasure Valley. Thank you, Meridian City Council Meeting Agenda October 8, 2019 – Page 32 of 57 Bryan Swain Meridian City Council Meeting Agenda October 8, 2019 – Page 33 of 57 Chris Johnson From: Genesis Milam Sent: Monday, August 5, 2019 2:36 PM To: Chris Johnson Subject: FW: Proposed Cell Ban For the record Genesis Milam I Councilmember City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0529 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Daniel E [danedl8@gmail.com] Sent: Thursday, August 01, 2019 5:29 PM To: Genesis Milam Subject: Proposed Cell Ban Dear Ms.Milam, I am strongly against the proposed cell ban in Meridian. A state proposal was terminated earlier this year. Many people have moved from other states, because of the freedoms Idaho offers. There is already a text ban in Idaho. If someone drives and causes an accident while texting, Idaho law allows that person to be cited. Drivers found to be inattentive (Idaho Code 49-101(3)) can be fined up to $300 and/or receive 90 days in jail. I strongly urge a no vote on this issue Respectfully Submitted, Daniel Edralin Meridian City Council Meeting Agenda October 8, 2019 – Page 34 of 57 Chris Johnson From: Cynthia Gibson <cynthia@idahowalkbike.org> Sent: Wednesday, August 7, 2019 4:44 PM To: Chris Johnson Subject: Re: Hands Free Ordinance Great, thank you Chris. We are a statewide non-profit and we want to offer our members the opportunity to voice their support of this ordinance. We will share the email address you provided to them so they can email you. If you think of it, feel free to email me when it is on the agenda. I will try to keep an eye on your website too, I'd love to hear the discussion. Best, Cynthia On Wed, Aug 7, 2019 at 12:44 PM Chris Johnson <ciohnson@meridiancity.org> wrote: Cynthia, It has not yet been determined when it will be on a City Council agenda. You can submit a letter to our email address cityclerk@meridiancity.org) and we will save it to be included in the record when the item appears before Council. Have a wonderful afternoon. Chris Johnson City Clerk I City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433 1 Email: clohnson@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, 1 Meridian City Council Meeting Agenda October 8, 2019 – Page 35 of 57 in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Cynthia Gibson <cynthia@idahowalkbike.org> Sent: Tuesday, August 6, 2019 4:55 PM To: Meridian City Clerk<MeridianCityClerk@meridiancity.org> Subject: Hands Free Ordinance Hello Chris - I wanted to write a letter of support for Meridian's proposed Hands Free Ordinance. Do you know when it will be on the City Council agenda? I looked online but was not able to find it on any agendas. Kindly, Cynthia Cynthia Gibson I Executive Director Idaho Walk Bike Alliance O: 1 M: 203-336-5821 cynthia@ idahowalkbike.org FJrl „ 1,()1 T. 7 F V2 -11I idahowalkbike.org Go Places... Safely 4 Meridian City Council Meeting Agenda October 8, 2019 – Page 36 of 57 Cynthia Gibson I Executive Director Idaho Walk Bike Alliance O: 1 M: cynthia@idahowalkbike.org idahowalkbike.org Go Places... Safely Meridian City Council Meeting Agenda October 8, 2019 – Page 37 of 57 walk 5C >..ACE5.. 5AEELY1 P.O. Box 1594 Boise, ID 83701 208)345-1105 www.idahowalkbike.org August 8, 2019 Meridian City Council President Borton City Council members Little Roberts, Palmer, Bernt, Milam, and Cavener 33 E. Broadway Avenue Suite 300 Meridian, ID. 83642 Dear Meridian City Council President Borton and Council members, The Idaho Walk Bike Alliance supports the City of Meridian's effort to pass Hands Free Ordinance. Our mission is to promote active, safe and healthy transportation for Idahoans. This includes walking, bicycling and any other forms of movement powered by humans, not motor vehicles. Because our members travel primarily by foot or bicycle, they are much more vulnerable to car crashes than motorists who are protected In their cars. These vulnerable road users deserve to be safe as they travel throughout their community, but unfortunately too many motorists are looking down at their phones and aren't aware of people walking or bicycling. We support the City of Meridian's effort to pass an ordinance that requires all motorists to be hands free while they -operate a heavy, steel -encased motor vehicle. We hope you all feel the same wayand will pass this ordinance to keep everyone, especially children, seniors and the other 31.5% of our population who does not drive, safe. We supported the state legislation in both the 2018 and the 2019 sessions but were disappointed to see neither bill was able to be voted into law. Therefore, we support any/all Idaho jurisdictions working to improve safety of its residents. Thank you for your support of safer roads. Sincerely, U Cyn is Gibson E utive Director Idaho Walk Bike Alliance Meridian City Council Meeting Agenda October 8, 2019 – Page 38 of 57 Chris Johnson From: Benjamin Hoopes <bhoopes@gmail.com> Sent: Wednesday, September 25, 2019 1:23 AM To: Meridian City Clerk Subject: Comment on proposed ordinance 7-1-14: USE OF HANDHELD ELECTRONIC MOBILE DEVICES Dear Meridian City Council members, Due to other obligations, I was unable to attend this evening's city council meeting. But I would like to comment on the proposed mobile device ordinance. While I certainly appreciate the desire to encourage safer behaviors behind the wheel, I have serious concerns about the language of the proposed ordinance. It is imprecise and open to misinterpretations that are not to the benefit of citizens of Meridian or the city of Meridian. I would love to discuss further, but to be brief, there is a serious disconnect between the impetus for this ordinance (distracted driving due to mobile phone usage while behind the wheel) and the actual scope of the ordinance. The ordinance would apply to "us[ing]" mobile devices including: fitness bands, wireless headphones, AM/FM transmitters, OBD2 monitoring devices, dashboard cameras and GoPros, etc. o Did you just glance at your Apple Watch on your wrist to see what time it is? Violation (see my next point; no physical manipulation of the device is required to "use" the device). o Did you just press a button on your Bluetooth headset to receive a call? Violation (the only allowed physical manipulation of a device is to enable/disable hands-free mode; answering a call is not enabling/disabling hands-free mode). o Is your phone broadcasting music through an AM/FM transmitter to your car radio? Violation again, no physical manipulation of the device is required; it just needs to be used by the driver). o Is an OBD2 monitoring device transmitting vehicle driving characteristics (e.g., MPG) to your phone? Violation. o Is a dashcam filming? Violation. The ordinance does not specify that physical manipulation of the device is required for a violation, just use. Therefore, all of the aforementioned example devices would violate the ordinance, as drafted. My suggestion would be to severely limit your mobile device definition down to phones. Additionally, I would provide a definition for "use," such as manipulating a mobile device keyboard or other physical manipulations that distract a driver for more than a set number of seconds. Best of luck. Thanks for your efforts to make Meridian such a wonderful place to live and raise a family. Best regards, Ben Meridian City Council Meeting Agenda October 8, 2019 – Page 39 of 57 1 Charlene Way From:Chris Johnson Sent:Thursday, September 26, 2019 10:21 AM To:Charlene Way Subject:FW: New submission from Ask Mayor Tammy From: Josha Iverson <jiverson@meridiancity.org> Sent: Thursday, September 26, 2019 10:18 AM To: dwcw@centurylink.net Cc: mayortammy <mayortammy@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Subject: RE: New submission from Ask Mayor Tammy Dale, Thank you for your email; it has been received by the Mayor’s Office. We appreciate you sending in your thoughts and comments. Please know your elected officials appreciate you weighing in as well and sharing your opinion on the issues that they will be making decisions on. I do want to let you know that the proposed hands free driving ordinance will be heard at a public hearing on Tuesday, 10/8/19. It will be discussed at both the work session at 4:30pm and the regular City Council meeting at 6:00pm. You are welcome to attend if you are interested and I invite you to check the City’s website, meridiancity.org, for additional information regarding public hearings about this topic. I am also forwarding your comments to our City Clerk for the public record. I hope you find this information helpful. Again, thank you for reaching out Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Formspree Team < submissions@formspree.io > Sent: Wednesday, September 25, 2019 4:50 PM To: mayortammy < mayortammy@meridiancity.org > Cc: Shandy Lam < slam@meridiancity.org >; Robert Simison < rsimison@meridiancity.org > Subject: New submission from Ask Mayor Tammy Meridian City Council Meeting Agenda October 8, 2019 – Page 40 of 57 2 NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/mayor/mayorsoffice/askmayor. Here's what they had to say: Ask Mayor Tammy: replyto: dwcw@centurylink.net Question or Comment: Regarding banning cell phone use in the city limits of Meridian, it would be difficult to enforce given the seamless boundaries between communities. My suggestion would be to leave as is for now, and write a proclamation to the Idaho Legislature saying you will enact it next year if they FAIL to do their jobs in the spring and pass some common sense cell phone use laws like most other states. Put the burden on them where it belongs. Driving has gotten a lot more hazardous recently due to distracted driving. Every day i see examples of it. I wrote a letter to the editor after the legislative session regarding the senate killing it after one legislature said his farmers couldn't order up a gallon of anti-freeze should they need some. Ridiculous. Thank you for having the guts they do not. Good luck. Should we contact you?: No name: Dale Warriner Phone number: 2082503498 Submitted 10:49 PM - 25 September 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish to receive these emails, please remove the form on meridiancity.org/mayor/mayorsoffice/askmayor or click here to unsubscribe from this endpoint. Meridian City Council Meeting Agenda October 8, 2019 – Page 41 of 57 3 Meridian City Council Meeting Agenda October 8, 2019 – Page 42 of 57 1 Charlene Way From:Chris Johnson Sent:Thursday, September 26, 2019 10:14 AM To:Charlene Way Subject:FW: New submission from Request for Mayor and Council Please add to the record. From: Josha Iverson <jiverson@meridiancity.org> Sent: Thursday, September 26, 2019 10:09 AM To: kaboulton1@gmail.com Cc: mayortammy <mayortammy@meridiancity.org>; Anne Little Roberts <alittleroberts@meridiancity.org>; Treg Bernt tbernt@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org>; Chris Johnson cjohnson@meridiancity.org> Subject: RE: New submission from Request for Mayor and Council Kathy, Thank you for your email; it has been received by the Mayor’s Office. We appreciate you sending in your thoughts and comments. Please know your elected officials appreciate you weighing in as well and sharing your opinion on the issues that they will be making decisions on. I do want to let you know that the proposed hands free driving ordinance will be heard at a public hearing on Tuesday, 10/8/19. It will be discussed at both the work session at 4:30pm and the regular City Council meeting at 6:00pm. You are welcome to attend if you are interested and I invite you to check the City’s website, meridiancity.org , for additional information regarding public hearings about this topic. I am also forwarding your comments to our City Clerk for the public record. I hope you find this information helpful. Again, thank you for reaching out Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law Meridian City Council Meeting Agenda October 8, 2019 – Page 43 of 57 2 From: Formspree Team < submissions@formspree.io > Sent: Tuesday, September 24, 2019 11:49 AM To: mayortammy < mayortammy@meridiancity.org > Cc: Anne Little Roberts < alittleroberts@meridiancity.org >; Treg Bernt < tbernt@meridiancity.org >; Joe Borton jborton@meridiancity.org >; Luke Cavener < lcavener@meridiancity.org >; Genesis Milam < gmilam@meridiancity.org >; Ty Palmer < typalmer@meridiancity.org > Subject: New submission from Request for Mayor and Council NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/council/request. Here's what they had to say: Request for Mayor and Council: Name: Kathy Boulton replyto: kaboulton1@gmail.com Street Address: 2745 W Willard St. City: Meridian State: ID Zip Code: 83642 Subject: Meridian City Council Meeting Agenda October 8, 2019 – Page 44 of 57 3 Cell phone and driving Message: Please, please ban cell phone usage for drivers. I walk and bike a lot for errands and work. My observation is 10% to 20% of drivers are distracted drivers. Dangerous. This is comparable to a DUI in other states. Do we need to experience more life changing injuries and death? The state of Idaho is ignoring common sense, so the city of Meridian needs to step it up. Besides, I can tell you as an educator, parent, and grandparent the "littles" are observing our habits..... Submitted 05:48 PM - 24 September 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish to receive these emails, please remove the form on meridiancity.org/council/request or click here to unsubscribe from this endpoint. Meridian City Council Meeting Agenda October 8, 2019 – Page 45 of 57 Chris Johnson From: Sent: To: Subject: Good morning Chris, Jeff Lavey Friday, September 27, 2019 8:52 AM Chris Johnson; citycouncil; Tammy de Weerd Hands Free Public Hearing, Please log this into the public record for the Hands Free Ordinance discussion. I was contacted Tom McKnight 208-922-6061 who said he watched the entire hearing on line and wanted to add two thoughts after he complemented the City for having this discussion. He said there was talk about a $25-30 dollar fine and he felt that it should be $100 or more so people know they are not supposed to be on their phones. He said that texting/on phone while stopped at a light should not be allowed. He said "they can pull over/off road and text all day long". In his opinion. He said that I could use his comments the next time I am in front of Council. He had nothing further for the record. Thanks - Jeff Jeff A. Lavey I Police Chief Meridian Police Department 1401 E. Watertower St., Meridian, Idaho 83642 Phone: 208-846-73701 Fax: 208-846-7372 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Meridian City Council Meeting Agenda October 8, 2019 – Page 46 of 57 Chris Johnson From: Bill Nary Sent: Tuesday, October 8, 2019 10:13 AM To: Chris Johnson Subject: Fwd: Ordinance 19-1852 FYI Sent from my iPad Begin forwarded message: From: Joe Borton <jborton@meridiancity.org> Date: October 8, 2019 at 10:03:18 AM MDT To: Bill Nary <bnary@meridiancity.org> Subject: Fwd: Ordinance 19-1852 An argument in opposition, add to the discussion. FYI. Sincerely, Joe Borton I Councilman City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Begin forwarded message: From: David Goodwin <david.goodwin.mail @ gmail.com> Date: October 8, 2019 at 9:31:01 AM MDT To: Anne Little Roberts <alittleroberts@meridiancity.org>, Joe Borton jborton@meridiancit org>, Ty Palmer <typalmer@meridiancity.org>, Treg Bernt <tbernt@meridiancit. >, Genesis Milam <gmilam@meridiancity.org>, Luke Cavener <lcavener@meridiancity.org> Subject: Ordinance 19-1852 I am writing to strongly oppose ordinance 19-1852. Clearly the council is out of step with the conservative values that have been part of Meridian's culture throughout my life. This is a second glaring example of unprincipled action that reflects the increasingly destructive ideologies common in Washington State, Oregon, and California. Meridian City Council Meeting Agenda October 8, 2019 – Page 47 of 57 The principle is simple: In a free nation, people are not restricted in actions that could conceivably cause harm but rather held accountable when those actions harm or endanger others. There is no evidence that EVERY person who uses a cell phone while driving is a danger. The police chief s statement to that effect is his opinion, not fact. He has the ability to write tickets for inattentive driving— and he should. But to restrict an act that in most cases is as safe as any number of other driving activities is simply the nanny -state that does not reflect Idaho values. It's an emotional reaction that has no place in law. My objection is pragmatic as well. I have one car with blue tooth and an interface with my phone. "Hands free" is a far greater distraction because the interface on your dashboard is unfamiliar, further away, takes multiple steps, and often glitchy. For that matter, these car computer screens are far more distracting than answering a phone call. Turn up the heat? Change the radio station? Figure out what's beeping? These screens in cars have distracted me far more than my phone ever has. What about those who fiddle with video systems in the back seat while driving? Comb hair? Attend to children? Eat? There are countless ways to be distracted while driving. In my experience, phones are on the list, but the list is long. Phones are just the latest whipping boy of those who think the government can regulate every behavior that seems "dangerous", and gets enough press. The fool's errand of the "no texting while driving" laws has been seen— it doesn't stop distracted driving, or even slow it down! Distracted driving fatalities continue to increase on Idaho roads, even when no-texting laws go into effect AAA statistics). Of course, somehow, the logic is that this increase means we need even more laws. There's always other technology. We can always chase another law. Police should write tickets for inattentive driving, but I've heard they don't like to because it ends up in court— and they say that wastes their time. Maybe a little more due process is in order. My point is that there is a solution— and it's not another law. Like many who live here, I do not have time to attend city council meetings to oppose these bad ordinances the council passes. But, my friends and I do vote in every election. Last year, it was a SOGI law. A group of us who get together regularly are tired of the council's leftward lean. Please consider that playing with leftist politics in a city like Meridian might eventually result in a political rejection of those council members who show consistent left leaning votes. Sincerely, David Goodwin, 393 W. Dreyfuss St. Meridian, 83646 T- 208 412 4506 yes, its a mobile) ra Meridian City Council Meeting Agenda October 8, 2019 – Page 48 of 57 E IDIA DAHO CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 9 A Item Title: First Reading of Ordinance 19-1852: An Ordinance Adding Meridian City Code Section 7-1-14, Prohibiting The Use Of Handheld Electronic Mobile Devices While Operating A Vehicle; Adopting A Savings Clause; And Providing An Effective Date. Meeting Notes: �, (S"I kct�,ny (eSCNe)v)ed `ice 10 -6-(j I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Estimated Time for P resentation: Title of I tem - F irst Reading of Ordinance 19-1852: An Ordinance Adding M eridian City Code Section 7-1-14, Pr ohibiting T he Use Of Handheld E lectronic M obile D evices While Operating A Vehicle; Adopting A S avings C lause; And P roviding An E ffective D ate. Version to be determined after public hearing C ouncil Notes: RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 10/4/2019 - 11:09 A M Meridian City Council Meeting Agenda October 8, 2019 – Page 49 of 57 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/8/2019 Hearing Type: Council Item Number: 8-C Project Name: Public Hearing for Proposed Hands Free Driving Ordinance Project No.: Active: ❑ There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 1 of 1 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=344 10/9/2019 9/24/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/24/2019 Hearing Type: Council Item Number: 7-D Project Name: Public Hearing for Proposed Hands Free Driving Ordinance Project No.: Active: Signature Name Address City -State- Zip For Against Neutral I Wish To Testify Sign In Date/Time Bryan 4647 N Tipton Avenue 9/24/2019 X X Leisle Meridian 83646 3:37:34 PM 9/24/2019 Jim Nunley 2767 west willard street X X 6:00:19 PM Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=326 1/1 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/8/2019 Hearing Type: Council Item Number: 8-C Project Name: Public Hearing for Proposed Hands Free Driving Ordinance Project No.: Active: ❑ Page 1 of 1 Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=338 10/9/2019 City - Signature I Wish To Sign In Address State- For Against Neutral Name Testify Date/Time Zip Ryan 346 E. Moskee St., 10/8/2019 X Lancaster Meridian, ID 83646 3:16:38 PM 4028 N Donavan 10/8/2019 Alan Maslac X X Way, Meridian 4:21:25 PM Catherine 4028 N. Donavan 10/8/2019 X Maslac Way, Meridian 4:21:27 PM Shaun 2239 E. Greiner st. 10/8/2019 X X Wardle Meridian 4:32:42 PM Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=338 10/9/2019 Chris Johnson From: Josha Iverson Sent: Wednesday, October 9, 2019 11:46 AM To: waltherelayne@outlook.com Cc: Anne Little Roberts; Treg Bernt; Joe Borton; Luke Cavener; Genesis Milam; Ty Palmer; mayortammy; Chris Johnson Subject: RE: New submission from Request for Mayor and Council Good morning, Thank you for your email; it has been received by the Mayor's Office. We appreciate you sending in your thoughts and comments. Please know your elected officials appreciate you weighing in as well and sharing your opinion on the issues that they will be making decisions on. I do want to let you know that the proposed hands free driving ordinance will be heard at a public hearing next Tuesday, 10/15/19. It will be discussed at the regular City Council meeting at 6:00pm. You are welcome to attend if you are interested and I invite you to check the City's website, meridiancity.org, for additional information regarding public hearings about this topic. I am also forwarding your comments to our City Clerk for the public record. I hope you find this information helpful. Thank you again for reaching out to us, Josha Iverson I Administrative Assistant City of Meridian I Mayor's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 1 Fax: (208) 884-8119 �,(fE [DIAN Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Formspree Team <submissions@formspree.io> Sent: Wednesday, October 9, 2019 10:17 AM To: mayortammy <mayortammy@meridiancity.org> Cc: Anne Little Roberts <alittleroberts@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Luke Cavener <Icavener@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org> Subject: New submission from Request for Mayor and Council NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/council/request. Here's what they had to say: Request for Mayor and Council: Name: _replyto: waltherelayne@outlook.com Street Address: 1231 E. Prairiefire St City: Meridian State: Idaho Zip Code: 83646 Subject: cell phones while driving Message: I just wanted to chime in on the subject of cell phones while driving. I agree they are a distraction and should not be allowed to be hand held while driving. I see too many people staring at their phones while ignoring our speed limits and not noticing others driving on the road around them. As one who drives a motorcycle on occasion, this can be a life or death situation. There is NOTHING that important that commands one to drive with a phone in one's hand. They can pull over and take themselves out of the traffic flow. I, for one, do support a large fine that would make one consider the consequences if caught while driving with a cell phone in hand. Submitted 04:16 PM - 09 October 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish receive these emails, please remove the form on meridiancity.org/council/request or click here to unsubscribe from this endpoint. Chris Johnson From: Robert Simison Sent: Monday, July 29, 2019 4:22 PM To: B rya n Cc: Jeff Lavey; mayortammy; Anne Little Roberts; Joe Borton; Ty Palmer; Treg Bernt; Genesis Milam; Luke Cavener; Chris Johnson Subject: RE: Please support hand-held phone ban Bryan, I wanted to let you know your email has been received and I know the Mayor and City Council appreciate hearing your comments and perspective on this issue. I have also copied Chief Lavey so he is aware of your comments regarding this issue. Currently the City Council is considering any next steps on this issue. Should a hands free ordinance move forward with a public hearing, I will ask our City Clerk to include your comments into the public record. Thank you and have a great day. Robert Simison Chief of Staff City of Meridian Mayor's Office All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Bryan <bry876@yahoo.com> Sent: Friday, July 26, 2019 10:02 AM To: mayortammy <mayortammy@meridiancity.org>; Anne Little Roberts <alittleroberts@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Luke Cavener <Icavener@meridiancity.org> Subject: Please support hand-held phone ban A recent Meridian Press article reported that Police Chief Jeff Lavey asked the Meridian city council to create a hands free cellphone ordinance. He explained that getting drivers off of their phones would help to reduce incidents of road rage, accidents, and distracted driving. As a resident of Meridian I agree with Police Chief Lavey and strongly support the creation of a hands free cellphone ordinance in the city of Meridian --with the inclusion of significant fines/penalties for those who violate the ordinance. Traffic is going to keep increasing and it's time to get more serious about safety and attentive driving in our city. The only way to get some people to drive attentively and responsibly is to make this a law. Please make our roads safer and implement a hands-free cellphone ordinance. Meridian can lead the way on this issue in the Treasure Valley. Thank you, Bryan Swain Chris Johnson From: Genesis Milam Sent: Monday, August 5, 2019 2:36 PM To: Chris Johnson Subject: FW: Proposed Cell Ban For the record Genesis Milam I Councilmember City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0529 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Daniel E [danedl8@gmail.com] Sent: Thursday, August 01, 2019 5:29 PM To: Genesis Milam Subject: Proposed Cell Ban Dear Ms.Milam, I am strongly against the proposed cell ban in Meridian. A state proposal was terminated earlier this year. Many people have moved from other states, because of the freedoms Idaho offers. There is already a text ban in Idaho. If someone drives and causes an accident while texting, Idaho law allows that person to be cited. Drivers found to be inattentive (Idaho Code 49-101(3)) can be fined up to $300 and/or receive 90 days in jail. I strongly urge a no vote on this issue Respectfully Submitted, Daniel Edralin Chris Johnson From: Cynthia Gibson <cynthia@idahowalkbike.org> Sent: Wednesday, August 7, 2019 4:44 PM To: Chris Johnson Subject: Re: Hands Free Ordinance Great, thank you Chris. We are a statewide non-profit and we want to offer our members the opportunity to voice their support of this ordinance. We will share the email address you provided to them so they can email you. If you think of it, feel free to email me when it is on the agenda. I will try to keep an eye on your website too, I'd love to hear the discussion. Best, Cynthia On Wed, Aug 7, 2019 at 12:44 PM Chris Johnson <ciohnson@meridiancity.org> wrote: Cynthia, It has not yet been determined when it will be on a City Council agenda. You can submit a letter to our email address (cityclerk@meridiancity.org) and we will save it to be included in the record when the item appears before Council. Have a wonderful afternoon. Chris Johnson City Clerk I City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433 1 Email: clohnson@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, 1 in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Cynthia Gibson <cynthia@idahowalkbike.org> Sent: Tuesday, August 6, 2019 4:55 PM To: Meridian City Clerk<MeridianCityClerk@meridiancity.org> Subject: Hands Free Ordinance Hello Chris - I wanted to write a letter of support for Meridian's proposed Hands Free Ordinance. Do you know when it will be on the City Council agenda? I looked online but was not able to find it on any agendas. Kindly, Cynthia Cynthia Gibson I Executive Director Idaho Walk Bike Alliance O: 1 M: 203-336-5821 cynthia@ idahowalkbike.org FJrl „ 1,()1 T. 7 F V2 -11I idahowalkbike.org Go Places... Safely 4 Cynthia Gibson I Executive Director Idaho Walk Bike Alliance O: 1 M: cynthia@idahowalkbike.org idahowalkbike.org Go Places... Safely walk 5C >..ACE5.. 5AEELY1 P.O. Box 1594 Boise, ID 83701 (208)345-1105 www.idahowalkbike.org August 8, 2019 Meridian City Council President Borton City Council members Little Roberts, Palmer, Bernt, Milam, and Cavener 33 E. Broadway Avenue Suite 300 Meridian, ID. 83642 Dear Meridian City Council President Borton and Council members, The Idaho Walk Bike Alliance supports the City of Meridian's effort to pass Hands Free Ordinance. Our mission is to promote active, safe and healthy transportation for Idahoans. This includes walking, bicycling and any other forms of movement powered by humans, not motor vehicles. Because our members travel primarily by foot or bicycle, they are much more vulnerable to car crashes than motorists who are protected In their cars. These vulnerable road users deserve to be safe as they travel throughout their community, but unfortunately too many motorists are looking down at their phones and aren't aware of people walking or bicycling. We support the City of Meridian's effort to pass an ordinance that requires all motorists to be hands free while they -operate a heavy, steel -encased motor vehicle. We hope you all feel the same wayand will pass this ordinance to keep everyone, especially children, seniors and the other 31.5% of our population who does not drive, safe. We supported the state legislation in both the 2018 and the 2019 sessions but were disappointed to see neither bill was able to be voted into law. Therefore, we support any/all Idaho jurisdictions working to improve safety of its residents. Thank you for your support of safer roads. Sincerely, U Cyn is Gibson E utive Director Idaho Walk Bike Alliance Chris Johnson From: Benjamin Hoopes <bhoopes@gmail.com> Sent: Wednesday, September 25, 2019 1:23 AM To: Meridian City Clerk Subject: Comment on proposed ordinance 7-1-14: USE OF HANDHELD ELECTRONIC MOBILE DEVICES Dear Meridian City Council members, Due to other obligations, I was unable to attend this evening's city council meeting. But I would like to comment on the proposed mobile device ordinance. While I certainly appreciate the desire to encourage safer behaviors behind the wheel, I have serious concerns about the language of the proposed ordinance. It is imprecise and open to misinterpretations that are not to the benefit of citizens of Meridian or the city of Meridian. I would love to discuss further, but to be brief, there is a serious disconnect between the impetus for this ordinance (distracted driving due to mobile phone usage while behind the wheel) and the actual scope of the ordinance. The ordinance would apply to "us[ing]" mobile devices including: fitness bands, wireless headphones, AM/FM transmitters, OBD2 monitoring devices, dashboard cameras and GoPros, etc. o Did you just glance at your Apple Watch on your wrist to see what time it is? Violation (see my next point; no physical manipulation of the device is required to "use" the device). o Did you just press a button on your Bluetooth headset to receive a call? Violation (the only allowed physical manipulation of a device is to enable/disable hands-free mode; answering a call is not enabling/disabling hands-free mode). o Is your phone broadcasting music through an AM/FM transmitter to your car radio? Violation (again, no physical manipulation of the device is required; it just needs to be used by the driver). o Is an OBD2 monitoring device transmitting vehicle driving characteristics (e.g., MPG) to your phone? Violation. o Is a dashcam filming? Violation. The ordinance does not specify that physical manipulation of the device is required for a violation, just use. Therefore, all of the aforementioned example devices would violate the ordinance, as drafted. My suggestion would be to severely limit your mobile device definition down to phones. Additionally, I would provide a definition for "use," such as manipulating a mobile device keyboard or other physical manipulations that distract a driver for more than a set number of seconds. Best of luck. Thanks for your efforts to make Meridian such a wonderful place to live and raise a family. Best regards, Ben 1 Charlene Way From:Chris Johnson Sent:Thursday, September 26, 2019 10:21 AM To:Charlene Way Subject:FW: New submission from Ask Mayor Tammy From: Josha Iverson <jiverson@meridiancity.org> Sent: Thursday, September 26, 2019 10:18 AM To: dwcw@centurylink.net Cc: mayortammy <mayortammy@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Subject: RE: New submission from Ask Mayor Tammy Dale, Thank you for your email; it has been received by the Mayor’s Office. We appreciate you sending in your thoughts and comments. Please know your elected officials appreciate you weighing in as well and sharing your opinion on the issues that they will be making decisions on. I do want to let you know that the proposed hands free driving ordinance will be heard at a public hearing on Tuesday, 10/8/19. It will be discussed at both the work session at 4:30pm and th e regular City Council meeting at 6:00pm. You are welcome to attend if you are interested and I invite you to check the City’s website, meridiancity.org, for additional information regarding public hearings about this topic. I am also forwarding your comments to our City Clerk for the public record. I hope you find this information helpful. Again, thank you for reaching out Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Formspree Team < submissions@formspree.io > Sent: Wednesday, September 25, 2019 4:50 PM To: mayortammy < mayortammy@meridiancity.org > Cc: Shandy Lam < slam@meridiancity.org >; Robert Simison < rsimison@meridiancity.org > Subject: New submission from Ask Mayor Tammy 2 NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/mayor/mayorsoffice/askmayor. Here's what they had to say: Ask Mayor Tammy: _replyto: dwcw@centurylink.net Question or Comment: Regarding banning cell phone use in the city limits of Meridian, it would be difficult to enforce given the seamless boundaries between communities. My suggestion would be to leave as is for now, and write a proclamation to the Idaho Legislature saying you will enact it next year if they FAIL to do their jobs in the spring and pass some common sense cell phone use laws like most other states. Put the burden on them where it belongs. Driving has gotten a lot more hazardous recently due to distracted driving. Every day i see examples of it. I wrote a letter to the editor after the legislative session regarding the senate killing it after one legislature said his farmers couldn't order up a gallon of anti-freeze should they need some. Ridiculous. Thank you for having the guts they do not. Good luck. Should we contact you?: No name: Dale Warriner Phone number: 2082503498 Submitted 10:49 PM - 25 September 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish to receive these emails, please remove the form on meridiancity.org/mayor/mayorsoffice/askmayor or click here to unsubscribe from this endpoint. 3 1 Charlene Way From:Chris Johnson Sent:Thursday, September 26, 2019 10:14 AM To:Charlene Way Subject:FW: New submission from Request for Mayor and Council Please add to the record. From: Josha Iverson <jiverson@meridiancity.org> Sent: Thursday, September 26, 2019 10:09 AM To: kaboulton1@gmail.com Cc: mayortammy <mayortammy@meridiancity.org>; Anne Little Roberts <alittleroberts@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>; Genesis Milam <gmilam@meridiancity.org>; Ty Palmer <typalmer@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Subject: RE: New submission from Request for Mayor and Council Kathy, Thank you for your email; it has been received by the Mayor’s Office. We appreciate you sending in your thoughts and comments. Please know your elected officials appreciate you weighing in as well and sharing your opinion on the issues that they will be making decisions on. I do want to let you know that the proposed hands free driving ordinance will be heard at a public hearing on Tuesday, 10/8/19. It will be discussed at both the work session at 4:30pm and the regular City Council meeting at 6:00pm. You are welcome to attend if you are interested and I invite you to check the City’s website, meridiancity.org , for additional information regarding public hearings about this topic. I am also forwarding your comments to our City Clerk for the public record. I hope you find this information helpful. Again, thank you for reaching out Josha Iverson| Administrative Assistant City of Meridian | Mayor’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0529 |Fax: (208) 884-8119 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law 2 From: Formspree Team < submissions@formspree.io > Sent: Tuesday, September 24, 2019 11:49 AM To: mayortammy < mayortammy@meridiancity.org > Cc: Anne Little Roberts < alittleroberts@meridiancity.org >; Treg Bernt < tbernt@meridiancity.org >; Joe Borton <jborton@meridiancity.org >; Luke Cavener < lcavener@meridiancity.org >; Genesis Milam < gmilam@meridiancity.org >; Ty Palmer < typalmer@meridiancity.org > Subject: New submission from Request for Mayor and Council NEW FORM SUBMISSION Hey there, Someone just submitted your form on meridiancity.org/council/request. Here's what they had to say: Request for Mayor and Council: Name: Kathy Boulton _replyto: kaboulton1@gmail.com Street Address: 2745 W Willard St. City: Meridian State: ID Zip Code: 83642 Subject: 3 Cell phone and driving Message: Please, please ban cell phone usage for drivers. I walk and bike a lot for errands and work. My observation is 10% to 20% of drivers are distracted drivers. Dangerous. This is comparable to a DUI in other states. Do we need to experience more life changing injuries and death? The state of Idaho is ignoring common sense, so the city of Meridian needs to step it up. Besides, I can tell you as an educator, parent, and grandparent the "littles" are observing our habits..... Submitted 05:48 PM - 24 September 2019. Mark as spam You are receiving this because you confirmed this email address on Formspree. If you don't remember doing that, or no longer wish to receive these emails, please remove the form on meridiancity.org/council/request or click here to unsubscribe fro m this endpoint. Chris Johnson From: Sent: To: Subject: Good morning Chris, Jeff Lavey Friday, September 27, 2019 8:52 AM Chris Johnson; citycouncil; Tammy de Weerd Hands Free Public Hearing, Please log this into the public record for the Hands Free Ordinance discussion. I was contacted Tom McKnight 208-922-6061 who said he watched the entire hearing on line and wanted to add two thoughts after he complemented the City for having this discussion. He said there was talk about a $25-30 dollar fine and he felt that it should be $100 or more so people know they are not supposed to be on their phones. He said that texting/on phone while stopped at a light should not be allowed. He said "they can pull over/off road and text all day long". In his opinion. He said that I could use his comments the next time I am in front of Council. He had nothing further for the record. Thanks - Jeff Jeff A. Lavey I Police Chief Meridian Police Department 1401 E. Watertower St., Meridian, Idaho 83642 Phone: 208-846-73701 Fax: 208-846-7372 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Chris Johnson From: Bill Nary Sent: Tuesday, October 8, 2019 10:13 AM To: Chris Johnson Subject: Fwd: Ordinance 19-1852 FYI Sent from my iPad Begin forwarded message: From: Joe Borton <jborton@meridiancity.org> Date: October 8, 2019 at 10:03:18 AM MDT To: Bill Nary <bnary@meridiancity.org> Subject: Fwd: Ordinance 19-1852 An argument in opposition, add to the discussion. FYI. Sincerely, Joe Borton I Councilman City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Begin forwarded message: From: David Goodwin <david.goodwin.mail @ gmail.com> Date: October 8, 2019 at 9:31:01 AM MDT To: Anne Little Roberts <alittleroberts@meridiancity.org>, Joe Borton <jborton@meridiancit�org>, Ty Palmer <typalmer@meridiancity.org>, Treg Bernt <tbernt@meridiancit. >, Genesis Milam <gmilam@meridiancity.org>, Luke Cavener <lcavener@meridiancity.org> Subject: Ordinance 19-1852 I am writing to strongly oppose ordinance 19-1852. Clearly the council is out of step with the conservative values that have been part of Meridian's culture throughout my life. This is a second glaring example of unprincipled action that reflects the increasingly destructive ideologies common in Washington State, Oregon, and California. The principle is simple: In a free nation, people are not restricted in actions that could conceivably cause harm but rather held accountable when those actions harm or endanger others. There is no evidence that EVERY person who uses a cell phone while driving is a danger. The police chief s statement to that effect is his opinion, not fact. He has the ability to write tickets for inattentive driving— and he should. But to restrict an act that in most cases is as safe as any number of other driving activities is simply the nanny -state that does not reflect Idaho values. It's an emotional reaction that has no place in law. My objection is pragmatic as well. I have one car with blue tooth and an interface with my phone. "Hands free" is a far greater distraction because the interface on your dashboard is unfamiliar, further away, takes multiple steps, and often glitchy. For that matter, these car computer screens are far more distracting than answering a phone call. Turn up the heat? Change the radio station? Figure out what's beeping? These screens in cars have distracted me far more than my phone ever has. What about those who fiddle with video systems in the back seat while driving? Comb hair? Attend to children? Eat? There are countless ways to be distracted while driving. In my experience, phones are on the list, but the list is long. Phones are just the latest whipping boy of those who think the government can regulate every behavior that seems "dangerous", and gets enough press. The fool's errand of the "no texting while driving" laws has been seen— it doesn't stop distracted driving, or even slow it down! Distracted driving fatalities continue to increase on Idaho roads, even when no-texting laws go into effect (AAA statistics). Of course, somehow, the logic is that this increase means we need even more laws. There's always other technology. We can always chase another law. Police should write tickets for inattentive driving, but I've heard they don't like to because it ends up in court— and they say that wastes their time. Maybe a little more due process is in order. My point is that there is a solution— and it's not another law. Like many who live here, I do not have time to attend city council meetings to oppose these bad ordinances the council passes. But, my friends and I do vote in every election. Last year, it was a SOGI law. A group of us who get together regularly are tired of the council's leftward lean. Please consider that playing with leftist politics in a city like Meridian might eventually result in a political rejection of those council members who show consistent left leaning votes. Sincerely, David Goodwin, 393 W. Dreyfuss St. Meridian, 83646 T- 208 412 4506 (yes, its a mobile) ra 1 Charlene Way From:Ryan Lancaster <lancaster.ryan@gmail.com> Sent:Wednesday, October 09, 2019 7:24 AM To:Joe Borton; Luke Cavener; Anne Little Roberts; Ty Palmer; Treg Bernt; Genesis Milam Cc:Meridian City Clerk Subject:Proposed Air Compression Brakes and Hands Free Driving ordinances City Councilors, I am writing concerning the proposed Air Compression Brakes and Hands Free Driving ordinances. I state these comments as a resident of Meridian. I am also a member of the Meridian Transportation Commission. I was unable to come to yesterday's public hearing for the "hands free driving ordinance." I discourage you from creating these ordinances. If brought to a vote, I encourage you to vote no on both ordinances as currently written for the following reasons: Air Compression Brakes: • The Transportation Commission has twice recommended to the city council to not proceed with adopting a compression brakes ordinance • The ordinance addresses devices without stating a reason. Presumably the reason is to prevent noise, but that is not clear through the ordinance. • The ordinance does not differentiate between muffled and unmuffled compression brakes. There is no need to prohibit muffled braking systems that already reduce engine braking noise. • The ordinance will be difficult to enforce. This will mean it is a paper ordinance that may have no discernible effect. Hands Free Driving (Handheld Wireless Devices) ordinance • The ordinance will create inconsistent laws between neighboring jurisdictions. • The ordinance is overly restrictive. • I have yet to see evidence that such an ordinance has a discernible effect on crashes or injuries. • The ordinance will be difficult to enforce. This will mean it is a paper ordinance that may have no discernible effect. Please let me know if you have any questions about my thoughts on these two proposed ordinances. Thank you, Ryan Lancaster 346 E. Moskee St. Meridian, ID 83646 CjP/�SDAHO IDIAN+�-- CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 9 B Item Title: Ordinance 19-1853: Amending City Code An {ordinance Amending Title 10, Chapter 4, Meridian City Code, Adopting Local Amendments to Section 307 of the 2015 International Fire Code, Regarding Open Burning Meeting Notes: 0 I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Deputy C hief J oe B ongiorno Estimated Time for P resentation: 5 minutes Title of I tem - Ordinance 19-1853: An Ordinance Amending T itle 10, C hapter 4, M eridian City C ode, Adopting Local Amendments to S ection 307 of the 2015 International F ire C ode, Regarding Open Burning; and P roviding an E ffective Date An Ordinance amending Title 10, C hapter 4, Meridian City Code, adopting local amendments to Section 307 of the 2015 I nternational F ire C ode, regarding open burning; and providing an effective date C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council C over Memo 10/3/2019 Ordinance C over Memo 10/3/2019 RE V I E WE RS : Department R eviewer Action D ate F ire J ohnson, Chris Approved 10/3/2019 - 4:38 P M F ire Gerhart, J udy Approved 10/4/2019 - 10:30 A M Meridian City Council Meeting Agenda October 8, 2019 – Page 50 of 57 ADOPTION OF LOCAL AMENDMENTS TO OPEN BURNING PROVISIONS OF 2015 INTERNATIONAL FIRE CODE PAGE 1 OF 3 CITY OF MERIDIAN ORDINANCE NO. 19-1853 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, ADOPTING LOCAL AMENDMENTS TO SECTION 307 OF THE 2015 INTERNATIONAL FIRE CODE, REGARDING OPEN BURNING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian hereby finds that it is in the best interest of the public health, safety, and welfare to adopt the following amendments to the 2015 International Fire Code (“IFC”); and WHEREAS, the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of 2015 IFC; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That new language shall be added to Meridian City Code section 10-4-2, to read as follows: IFC section 307.1.1 shall be amended to read as follows: Section 307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous. Hazardous conditions shall include, but shall not be limited to: a) winds of ten miles per hour (10 mph) or greater; b) a red flag warning of high fire danger issued by the National Weather Service; or c) an open burning ban due to the air quality index or other conditions determined by the Idaho Department of Environmental Quality. IFC section 307.4.2 shall be amended to read as follows: Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition. Recreational fires shall not have a total fuel area larger than three feet (3’) in diameter and not more than two feet (2’) in height. A new section shall be added to the provisions of the IFC as follows: Section 307.6 Open burning rules. The following additional rules shall apply to open burning: 307.6.1 Hours. Open burning shall be allowed only between 8:00 a.m. and sunset, with the exception of recreational fires. 307.6.2 Prohibited materials. Burning of the following materials shall be prohibited at all times and under all conditions: yard waste, grass clippings, hazardous materials, construction waste, demolition or salvage debris, junk motor vehicles, commercial waste, industrial waste, tar or tar paper, railroad ties, oil, grease, household waste, tires, plastics, Meridian City Council Meeting Agenda October 8, 2019 – Page 51 of 57 paints, petroleum products, telephone poles, rubber, dead animals, asphalt materials, preservative -treated wood, pathogenic waste, and/or insulated wire. 307.6.3 Burn barrels prohibited. Open burning in metal barrels shall be prohibited. 307.6.4 Smoke management. Any person conducting an open burn shall ensure that smoke caused by burning shall rise up and away from neighboring residences, highways, and other populated areas. Section 2. That this ordinance shall be effective immediately upon its passage and publication. 2019. PASSED by the City Council of the City of Meridian, Idaho, this -E day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this day of October, 2019. APPRO Qoa z° Tammy de e , Mayor s STATEMENT OF MERIDIAN CI7 ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1853 PIED AUX-F EST: The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-1853 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 94" day of C)06Ce�- , 2019. � Z''I �4�—� - William L.M. Nary, City Attorney ADOPTION OF LOCAL AMENDMENTS TO OPEN BURNING PROVISIONS OF 2015 INTERNATIONAL FIRE CODE PAGE 2 OF 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1853 An Ordinance Amending Title 10, Chapter 4, Meridian City Code, adopting local amendments to section 307 of the 2015 International Fire Code, regarding open burning; and providing an effective date. /�Z6 C' o er' Mayor and eity Council By: Chris Johnson, City Clerk ADOPTION OF LOCAL AMENDMENTS TO OPEN BURNING PROVISIONS OF 2015 INTERNATIONAL FIRE CODE First Reading: /O - C)V/ '!� Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES -' NO Second Reading: IJ /A Third Reading: ,, /* PAGE 3 OF 3 CjQ/rE IDIZ NIA*,----- DAHO COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 9 C Item Title: Ordinance 19-1854: An Ordinance Amending Meridian City Code Section z-1-1 C Allowing for Appointments for Partial Terms for Commissioners; Adopting a Savings Clause; and Providing an Effective Date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.C . Presenter: Chris J ohnson Estimated Time for P resentation: 1 minute Title of I tem - Ordinance No. 19-1854: An Ordinance Amending M eridian City Code Section 2- 1-1C Allowing for Appointments for P artial Terms for Commissioners; Adopting a Savings C lause; and P roviding an Effective D ate. Ordinance to amend MC C 2-1-1C to allow for partial terms for commissioners. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Ordinance Ordinance 10/4/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.J ohnson, Chris Approved 10/4/2019 - 7:36 A M Meridian City Council Meeting Agenda October 8, 2019 – Page 54 of 57 CITY OF MERIDIAN ORDINANCE NO. 19-1854 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-1-1C, TO ALLOW FOR PARTIAL TERM APPOINTMENTS TO CITY COMMISSIONS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has various Commissions that have Commissioners that are appointed by the Mayor and approved by the City Council to designated seats and terms WHEREAS, occasionally a Commissioner may be appointed to a partial term to complete the term of a Commissioner that resigned or was removed, WHEREAS, occasionally a Commission will expand its membership and the new appointees may be appointed to a shorter time period to align the terms with the time period of terms with other Commissioners; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1 . That section 2-1-1 of the Meridian City Code is amended as follows: 2-1-1: COMMISSIONS: C. Membership: 1. Appointment: Commission members shall be appointed by the mayor and approved by the city council on a vote of a majority of the city council members, and commission members may, in like manner, be removed. 2. Size: Commissions shall consist of up to nine (9) members that are over eighteen (18) years of age, at the time of appointment, with one member who may be designated to represent youth, which commission member may be at the time of appointment, under eighteen (18) years of age. 3. Compensation: All commission members and the officers thereof shall serve without salary or compensation for their service on the commission. This shall not apply to paid city or other governmental staff on commissions as part of their work assignment. 4. Terms: All commission terms shall be for a period of three (3) years except that one position that may be designated to represent youth, for all commissions except for planning and zoning, which commission member shall serve for a term of one year. Commissioners appointed prior to the passage of this title may serve the full term that they were appointed to initially and the number of terms shall not be counted toward any subsequent limitations. Meridian City Council Meeting Agenda October 8, 2019 – Page 55 of 57 5. Partial Terms. Commissioners mU be gppointed to a partial term when they are appointed to fill an existing seat that has been vacated due to resignation or removal. Commissioners may also be appointed to a partial term when a new seat is established to allow the term expiration to align with the other seats on the commissions' expiration time period. Partial term appointments shall not be counted towards the limitations of successive terms. 5: 6. Maintaining List Of Members: The city clerk shall maintain a record of the current and future commission seats with the starting and ending dates of each respective term identified. Any new seat added as a result of this title may be for a partial period of time for the initial appointment to allow the seat to align with the other seats on the respective commission. 6-.7. Expiration Of Terms And Reappointments: When a commission term expires the position shall be publicly noticed for appointment to the commission seat. The incumbent commissioner may reapply for the same seat. Appointments shall be done as described in this section. -7-.8. Successive Terms: Commissioners may serve up to two (2) consecutive full terms, and including any partial term they may serve prior to appointment to a full term, without separate approval. A third or all successive terms must be approved by a unanimous vote of the full city council unless otherwise provided by law or ordinance. S 9. Termination: Any commissioner may have their appointment terminated in the same manner as they were selected, unless required otherwise by law. Additionally, any commissioner that misses one-half (1/2) of the meetings that are held in any twelve (12) month period shall have their appointment automatically terminated. 99: 10. City Council And City Staff Members: All commissions shall have a council member liaison as an ex officio member of the commission without voting rights, the city attorney or designee, and a designated staff member for support assigned to each commission. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this � day of b , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this E�" day of aACW� , 2019. APPROVED: Tammy erd, Mayor ATTEST: NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1854 An ordinance amending Meridian City Code section 2-1-1C,to allow for partial term appointments to City Commissions; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. 4,40" Vayor idid City Council By: Chris Johnson, City Clerk First Reading: / U Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES /v NO Second Reading: A/ A Third Reading: 1,114 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1854 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1854 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 0 - day of � ter' , 2019. William L.M. Nary, City Attorney 2) EIDIADAH N?- CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 10 Item Title: Future Meeting Topics Meeting Notes: it �E IDIAN*,---- (IZ�J CITY COUNCIL REGULAR MEETING AGENDA October 8, 2019 Agenda Item Number: 11 Item Title: Executive Session Per Idaho State Code 74-206(1)(f) To Communicate with Legal Counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated Meeting Notes: