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2011-02-15
(�VlIDIAN� --- IDAHO CIN COUNCIL REGULAR MEETING AGENDA Tuesday, February 15, 2011 at 7:00 PM Roll -Call Attendance X David Zaremba X Brad Hoaglun X_ Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance and Posting of Colors by Scout Troop # 92 3. Community Invocation by Pastor Ken Redford with Meridian Friends Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of February 1, 2011 City Council Special Meeting B. Approve Minutes of February 1, 2011 City Council Regular Meeting C. Personal Services Agreement with Lisa Johnson for Human Resources Consulting and Training D. Findings of Fact, Conclusions of Law for Approval: CUP 10- 014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District E. Findings of Fact, Conclusions of Law for Approval: MDA 10- 011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Development Meridian City Council Meeting Agenda — Tuesday, February 15, 2011 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Pedestrian Easement Between William E. Howell and Mary J. Howell and the City of Meridian G. Pedestrian Easement Between Meridian Gateway Associates, LLC and the City of Meridian 6. Community Items/Presentations A. Smoke -Free Parks Presentation, Discussion, & Public Hearing B. Resolution No. 10-759: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Adopting The Recommendation Of The Meridian Parks And Recreation Commission That City Parks Be Generally Declared To Be Smoke Free Premises; And Providing An Effective Date Approved 7. Items Moved From Consent Agenda None 8. Action Items Moved Before Community Items (6A, 6B) A. Continued Public Hearing From January 18, 2011: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved B. Public Hearing: TE 11-001 Baraya Subdivision by Dyver Development, LLC Located on South Side of W. Franklin Road Between N. Black Cat Road and N. Ten Mile Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved 9. Department Reports A. Mayor's Office: Ordinance No. 11-1472A (To Replace Ordinance No. 11-1472): Updates to Title 2, Meridian City Code Regarding the Traffic Safety Commission and Planning & Zoning Commission Ordinance Will Be Brought Back to Council on February 22, 2011 10. Future Meeting Topics Meeting Adjourned at 8:23 p.m. Meridian City Council Meeting Agenda — Tuesday, February 15, 2011 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 15, 2011 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, February 15, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, David Zaremba and Charlie Rountree. Others Present: Bill Nary, Jacy Jones, Anna Canning, Bill Parsons, Warren Stewart, Mike de St. Germain, Joe Silva, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I would like to welcome all of you here this evening. We appreciate you joining us. For the record it is Tuesday, February 15th. It's 7:00 p.m. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance Joshua McMullan with Scout Troop #152 De Weerd: Item No. 2 is our Pledge of Allegiance and posting of colors by Scout Troop No. 92 and they will let us know when we need to stand up. So, come on forward. (Pledge of Allegiance recited.) De Weerd: Special thanks to Troop No. 92. We appreciate you joining us tonight. We do have our city clerk who has City of Meridian pins for you that she will hand out while we are in our meeting. So, thanks again for joining us. Item 3: Community Invocation by Pastor Ken Redford with Meridian Friends Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Ken Redford with Meridian Friends Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor, thank you for joining us. Redford: Thank you. Let us pray. Heavenly Father, as we see the presentation of colors tonight we are reminded of how much we have to say thank you for. Thank you, Lord, for this great country. Thank you for the freedom and the right to assemble like this. Lord, we are blessed in this city with great city employees and servants and leaders and so we remember tonight, come before you and ask for your wisdom, for Meridian City Council February 15, 2011 Page 2 of 28 your help, amidst the many details of this agenda with easements and discussions, details, Lord, we don't want to forget to pause, say thank you to you, to ask for your clarity, for your help. Let every comment be heard well. Let every decision be made in the right way, in Christ we ask, amen. Item 4: Adoption of the Agenda De Weerd: Thank you for being here. Okay. Item 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: There are no changes to tonight's agenda, so I move adoption of the agenda as printed. Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of February 1, 2011 City Council Special Meeting B. Approve Minutes of February 1, 2011 City Council Regular Meeting C. Personal Services Agreement with Lisa Johnson for Human Resources Consulting and Training D. Findings of Fact, Conclusions of Law for Approval: CUP 10- 014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District E. Findings of Fact, Conclusions of Law for Approval: MDA 10- 011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North Meridian City Council February 15, 2011 Page 3 of 28 of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Development F. Pedestrian Easement Between William E. Howell and Mary J. Howell and the City of Meridian G. Pedestrian Easement Between Meridian Gateway Associates, LLC and the City of Meridian De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Again, no changes to our Consent Agenda, so I move approval of tonight's Consent Agenda and the Mayor be authorized to sign and clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, at this point we do have two items under 8-A and B that are -- will take just a short period. I would recommend moving those above our Community Presentation, as I suspect that might take a little bit longer. So, if there is no opposition to that, Council, would you mind if we move those items forward? Item 8: Action Items A. Continued Public Hearing From January 18, 2011: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat De Weerd: Okay. I will go ahead and on Item 8-A is a continued public hearing on TE 10-034. Bill. Meridian City Council February 15, 2011 Page 4 of 28 Parsons: Thank you, Madam Mayor, Members of the Council. This item was continued from the January 18th City Council hearing. Council gave staff direction to make contact with the property owner, who was Washington Federal at the time and it was Council's direction that we try to determine what their purpose is for moving forward on developing this property. I would inform the Council that the property has been sold now and the new owner is CBH Homes. After finding that out staff actually initiated a meeting with the new owner, the applicant's representative, the Kern's lateral folks and the HOA president and at that hearing I brought it up to those folks that they really needed to come to some resolution on the bug control, the weeds, and also the flooding that was occurring on each of these properties. We did get a commitment from the applicant's representative, who was entertaining solutions. She did get a written statement from Corey Barton Homes and in that letter he's outlined his commitments for upgrading and solving those problems out there and just to highlight on what he's committed to, he's committed to upgrading the PI system out there. The timeline for completion of that would be fall of 2011. He's also committed to removing the arborvitae along the southern boundary, which was also a cause of concern for bugs in the adjacent subdivision, Arcadia Subdivision to be exact, and, then, also he's included a -- to -- committed to keeping the weeds down on the property, keeping it maintained until such time as he goes to move forward in developing the plat. He also states in that letter that he is keeping in -- keeping with the commitments that were approved under the previous final plat and the preliminary plat. So, no change is proposed. So, the elevations that I presented to you at the last hearing and that site design and those amenities that were proposed are all to remain intact with this application as well. There are some noted changes for you this evening that I'd like to point out to you. I did have Elroy Huff, the city arborist, go out to the site and do a current inventory of the current trees on the property. I have included that -- that should be included in your packet this evening. That, basically, tells you the conditions of the existing trees on the site. After receiving that report I did refer to the approved landscape plan that we had on file and after looking at his report I determined that there are actually 94 caliper inches that need to be mitigated for in compliance with his report and so, basically, I made that aware to the applicant and he has committed to actually mitigate for those trees and his resolution would be to plant a single two inch caliper tree on each buildable lot and that's something he committed to in an e-mail to me today as well and so staff has revised some of the new conditions of approval with the time extension and that's what you have before you right now. Item number three, when I presented this project to you on January 18th, the -- condition of approval number three, the applicant shall coordinate with the city arborist, I'm actually recommending that that condition be removed and be replaced with the one that is underlined underneath that. So, basically, that states that the applicant will commit to the items that he's stated in that letter submitted to you on that date and that letter is dated February 8th, 2011. If those commitments are not completed by the timelines in that letter this subject time extension would be null and void and, then, condition number four is also a new condition which, basically, states the requirement for adding the additional trees and the fact that he would do that through adding that provision in a CC&R and submit a revised landscape plan to you -- to the city for review as well. So, what I would anticipate is prior to getting signature on the final plat the applicant would have the two additional amenities and, Meridian City Council February 15, 2011 Page 5 of 28 then, also a landscape plan that shows those trees on the buildable lots so that staff can track that if and when homes are proposed and constructed on the property and, then, we would follow up with the building department to make sure that those trees were, indeed, installed. Other than the other -- the letter from the applicant, staff did not receive any additional testimony on the property -- or on the project. Other than the tree issue -- it looks like that's been resolved as well, so to staffs knowledge there are no outstanding issues before you and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Would the applicant like to comment? Stiles: Madam Mayor, Council, my name is Shari Stiles with Engineering Solutions in Meridian, Idaho. And, first of all, Mayor, thank you very much for putting us before the public hearing. That's very much appreciated. And also I wanted to personally thank Bill Parsons and just let you know what a great employee he is to work with. I have never enjoyed working with a public servant more than I have enjoyed working with Bill. He returns calls quickly. We got this resolved. Just literally to almost 5:00 o'clock today we were working on it and he was very responsive and I just want you to know what a great guy he is. De Weerd: Thank you. Stiles: One -- the only thing that I wanted to mention -- and I don't know if members of the Hightower Subdivision are here tonight -- is there will probably continue to be problems with the flooding until that ditch is piped. They have changed the trash racks, so that they are not the vertical kind, they have an angle to them now. There is one up on Chinden, another one just at the northeast corner of this property and they were both vertical trash racks that -- and they were just clogged, they were continually getting clogged. Now, the Hightower Subdivision is going to be monitoring that more closely and as -- I don't know if Hightower Subdivision -- I think -- I believe that's an individual -- that's a homeowners association irrigation system. Correct. I know that when we presented Jericho we had to come up with an irrigation plan for the lots and I think what's happening is that the upstream users are using all the water all at the same time and when they are done it's just -- there is nothing to check that water coming down and, you know, there were also some -- a matter of other ditches that were existing that don't exist now. But it might be that maybe something's in the file that they had to give to the Public Works Department for that schedule and I just wanted to let you know that they should have had that and maybe keep all of their lots on a schedule, because, you know, the farmers used to flood the whole thing all at the same time and, then, let the water go and the next guy would take it. Well, it's a lot different when you're -- when Meridian City Council February 15, 2011 Page 6 of 28 you have got individual lots. So, if you have any questions I'm here to answer them, I hope, and, again, thank you and I would hope that we would get this approval so, hopefully, something will be built there. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you, Shari. Stiles: Great. Thanks. De Weerd: I do have two others that have signed up, a Ralph and Darlene Beilinski signed up for. Good evening. If you will, please, state your name and address for the record. Beilinski: Okay. My name is Ralph Beilinski. I'm the president of Hightower Homeowners Association. I live at 6178 North Saguaro Hills Avenue -- De Weerd: Thank you. Beilinski: -- adjacent to the Jericho property. With respect to some of the issues brought up by the lady before me, we have replaced the grates that were the two flooding grates, one running under Chinden at the exit of our irrigation system. The other one upstream at a transfer point where the box ends and there is -- there is no control in it now. So, we might get three, four, five, six times the water that our system can handle and that's why Jericho is flooding. We did replace the grates and we made provisions to monitor the grates to make sure that the collection -- the debris collection stays down. I also -- Kerns has given us -- given the homeowners association -- they put a special lock on their in box and I have a key for that and we are going to have somebody monitor that, so we can try at being closer associated with the issue that we can have better control over the flow of the water. So, hopefully, for the next year we will be able to do a little better job of controlling the water that comes into our system. Other than that, I would say, then, having had Jericho flood and having had the water in my backyard, I fully support having that box rebuilt and having those two ditches -- having those two ditches tiled per the plan that's been presented. Any questions? De Weerd: Thank you, sir. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council February 15, 2011 Page 7 of 28 Zaremba: Even though it sounds like there may be a little bit of a problem for you, are you satisfied that the eventual plan will solve the problem? Beilinski: Yes. We had an independent -- when the bank -- when D.L. Evans had this they had an independent engineer come in and do an assessment of our system and he -- his feeling was that when the box was repaired and those two ditches tiled, the Jericho flooding problem would go away. Zaremba: Great. Thank you. Beilinski: Okay. De Weerd: Thank you so much. Is there any additional testimony on this item? Well, I will have to commend staff and the applicant for working on it. It seems that there were a number of neighbors that had some concerns about this and it seems that many of those concerns have been addressed. So, thank you. Council, any additional information needed? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I have a motion to close? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on this item. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve TE 10-034, to include the new conditions presented by staff tonight. Bird: Second. Meridian City Council February 15, 2011 Page 8 of 28 De Weerd: I have a motion and a second to approve Item 8-A. Is there any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Did the maker of the motion intend to include the commitments made by the new owner of the property in their February 8th letter? Zaremba: Yes. Rountree: Thank you. De Weerd: Okay. If there is nothing further, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: TE 11-001 Baraya Subdivision by Dyver Development, LLC Located on South Side of W. Franklin Road Between N. Black Cat Road and N. Ten Mile Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat De Weerd: Item 8-13 is public hearing TE 11-001. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject application before you is, again, another two year time extension. The subject property is located on the south side of Franklin Road between South Black Cat and North Ten Mile Road. The property consists of 92 acres. The plat was approved with 34 buildable lots, one school lot, 28 common lots zoned R-8 and R-15 and there is also two multi -family lots proposed and two common lots associated with that currently zoned R-40. Here is the site design that they proposed to you back in 2007. You can see the school lot there and the mix of housing in here. Staff has reviewed the file. They approved approval for this site. It appears that all those approvals comply with the current requirements of the UDC. I would also point out that the density and the road layout is consistent with the Ten Mile interchange specific area plan. This plat was reviewed and found consistent with that plan back in 2007 as well. I did also want to state that as far as amenities, open space, and those items, again, this does comply with current requirements of the UDC. Because of those items being addressed and because there is a development agreement on the site, that also ties this property to the certain design criteria. One Meridian City Council February 15, 2011 Page 9 of 28 being that single family homes need to comply with some of the design standards in that DA and, then, also future CUP approval is required for the multi -family lots. That will also require design review and consistency with the Ten Mile interstate specific area plan as well. And so here were some sample elevations that were presented to you during that hearing as well. So, looking at the related files, looking at the recorded DA, staff is confident that this plan is consistent with the city's goals in the Comprehensive Plan and the standards in the UDC and, therefore, staff is not recommending any new conditions of approval with the subject time extension. Staff did receive written testimony from the applicant. He's in agreement with the staff report. Staff has not received any additional testimony on the application. To staffs knowledge there is no outstanding issues before you this evening. With that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Rountree: I have none. De Weerd: Okay. Would the applicant like to comment? Schultz: Good evening, Mayor and Council. Matt Schultz with the Schultz Company, 2127 South Alaska Way. And I have never had a staff report like that in 15 years. So, it's a good night. There is usually always something. We did get the approval back in 2007 after purchasing the property in 2006 and working through about a year long process with the Ten Mile area planning effort. So, what we have here is a result of that, that's why it conforms to your code in dealing with architectural, landscaping, regional access roads for adjacent properties and all those things. So, that's why we don't have to change anything now, because we kind of came through right when all those things were getting incorporated. You're having to go back and fix some previously approved plans -- four now -- we are coming through later now that has all those things incorporated in the original approval. So, I just want to comment that we did design and submit final plats for a phase one and phase two back in late 2007. We planned to get going under construction early 2008 and as you know everything just shut down and so what we have been doing since then is keeping the plan alive, the Ten Mile interchange getting done here this year, which is a very good thing. This spring. Very exciting. Hopefully that will help us be able to continue with those already designed plans for phase one and phase two and get going here in the next two years, so we don't have to do this again in two more years. We want to get it done. I do want to comment real briefly that when we did submit this back about a month and a half ago the phone started ringing off the hook about you got to help us with some access issues out here, because what we have is good access on Franklin and Black Cat and there are some other properties to the south of us that don't. I can't remember the name of the project south of us, Meridian 118, LLC, Mr. Bradbeau, recently approved -- De Weerd: Meridian Crossing; right? Meridian City Council February 15, 2011 Page 10 of 28 Schultz: Beautiful project. They are landlocked. They did work through some issues with ITD on Ten Mile, but they still needed a second access. I'm happy to report that assume gentle persuasion by staff we -- we did ao talk to the Mninar __ MX1 —4 -- nave got aii the owners together and th agreements are being drafted, easements written, so those -- that value will be adc locked in and it's a good time to add that � before we are ready to go, they can bui property with -- with that. But as long as � and liability and all those attorney -type issu should see an attorney draft any day now. also for the main north -south access that landscaped there for the access as well. days we will have that all resolved and, tl market bears so we can get going. Appreci :re is a high spirit of cooperation. Legal are -- or right-of-way descriptions are being ad to everybody out there of having those alue for everybody and if they want to build J it, you know, and it don't encumber our to take care of the farmer and the irrigation Ds and that's what we are going through is I Not only for an access out to Black Cat, but you see on your landscape plan, it's very �o, that's the goal. Hopefully in the next 30 len, we will kind of wait and see what the ite your consideration. De Weerd: All right. Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Schultz: Thank you. De Weerd: Thank you. Okay. I do have someone that signed the sheet named Doug. Is there someone who would like to provide testimony on this item? Council? Zaremba: Having given the opportunity for public comment and seeing none, I move we close the public hearing. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve TE 11-001. Rountree: Second. Meridian City Council February 15, 2011 Page 11 of 28 De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Rountree: Madam Mayor, just a note to Matt that it's great to hear that cooperation -- the spirit of cooperation out there and we look forward to that to maybe blossom throughout that Ten Mile area. De Weerd: Thank you. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Smoke -Free Parks Presentation, Discussion, & Public Hearing De Weerd: Thank you. And thank you to those that are here for item 6-A. We are now at that item. So, I will go ahead and welcome Mr. Siddoway, our parks director, to introduce this item again. Siddoway: Thank you, Madam Mayor, Members of the Council. This item regarding smoke free parks has had four public meetings so far to date, two with the Parks and Recreation Commission on August 11th and November 10th. Two with the City Council on August 17th and December 14th. At that December 14th meeting this item was continued primarily because we wanted to make sure that there was ample opportunity for public comment, that there was -- the public had the opportunity to know about this proposed policy and give an opportunity for testimony in a public hearing. Since that date on December 14th we have had quite a bit of media coverage on this topic. We have had stories in both the Valley Times and the Idaho Statesman and their representative is here tonight from there. We have also had news stories on Channel 2, Channel 6, Channel 7 and Channel 12 and tonight's meeting has been noticed as a public hearing and we anticipate taking testimony tonight. With that as a introduction I would like to invite Joanne Graff up to the podium from Central District Health to make the first part of the presentation, after which towards the end I will come up to the podium and address some specific questions that were raised by Council at the December meeting. De Weerd: Thank you. Good evening. Graff: Good evening, Madam Mayor and Councilmen. My name is Joanne Graff; I'm a health education specialist with Central District Health Department. Shall I spell my name? Meridian City Council February 15, 2011 Page 12 of 28 De Weerd: No. You're good. Graff: Okay. De Weerd: Thank you. Graff: Thank you. I reside at 4608 North Futurity Avenue in Boise. Thank you for the opportunity to revisit the smoke free parks issue in regards to smoke-free policies for outdoor recreational areas and also public health districts in the state of Idaho are working -- currently working on smoke free park policy. This has been funded by the U.S. Department of Health and Human Services and is managed by the Centers for Disease Control and Prevention. I'd like to define -- since I will be using these terms in my presentation -- of smoke free deals with smoking, which includes the possession of any lighted tobacco product in any form. Tobacco free would include both smoking and smokeless tobacco use. The world has changed. In 1965 about half of men and a third of adult women in the U.S. smoked and they did so just about everywhere. Now, a majority of Idaho residents and U.S. citizens do not smoke. In fact, in Idaho the current data from 2009 is that 16.3 percent of Idaho adults smoke. We also have many examples of smoke free or tobacco free policies at work sites, such as Central District Health Department, Blue Cross of Idaho and area hospitals have tobacco free campuses. Our elementary and secondary schools are tobacco free. Boise State University has a smoke free campus. And Bogus Basin is a smoke free outdoor recreation area. Many hotels are smoke free and 79 percent of Idaho homes have smoke free rules. So, why should you consider smoke free policy? Well, parks promote healthy activities. Adults also influence youth behaviors. Tobacco free policies are becoming the norm. A majority of people are nonsmokers. Secondhand smoke can affect nonsmokers. Cigarette butt litter is harmful and costly to clean up and we have found the public to be very supportive. The mission statement for the Meridian Parks and Rec Department states that it's to enhance the community's quality of life by providing well designed and properly maintained parks and recreational opportunities for all citizens. A smoke free park policy would support this. There is no safe level of secondhand smoke exposure. Exposure has immediate health consequences, including cancer -- including an increase in cancer, asthma, and sudden infant death syndrome and we know that infants, young children, and older people are especially vulnerable. In the most recent 2010 U.S. Surgeon Generals Report, even occasional smoking or secondhand smoke exposure can cause immediate damage to your body and can lead to serious illness or death. Repeated exposure weakens the body's ability to heal the damage and inhaling even the smallest amount of tobacco smoke can also damage the DNA, which can lead to cancer. What about outdoor secondhand tobacco smoke? Research has shown that during smoking outdoor smoke levels may be as high as indoor smoking levels if smoking is occurring. And being upwind from a smoker does not eliminate the chemicals from the air, because as secondhand smoke rises it becomes invisible and drops to a lower level where people breathe in the toxins even if they can't see the smoke. Nationally the smoke free parks concept is not new. In fact, there are over 470 parks that have smoke free park laws that cover the total park area. So, what's happening in Idaho? There are currently policies in Moscow, Melba, Meridian City Council February 15, 2011 Page 13 of 28 Payette, Twin Falls, Victor and Wilder. Ordinances in Ammon, Emmett, Hayden, and Rexburg. And other municipalities that are considering smoke free parks include Boise, Cascade, Coeur d'Alene, Driggs, Idaho Falls, McCall and Pocatello. Meridian currently has a smoke free park policy in the playground area at Settlers Park. In the skate area at Tully Park. And Cable One Movie Night at Settlers Park is a smoke free venue. The City Hall campus is smoke free. And the Meridian Police Department campus as well. Are the existing tobacco policies working? In a 2004 survey of park directors in one hundred Minnesota cities and counties with tobacco free park policies, 74 percent reported that they had no problem with park users violating the policy and 90 percent would recommend tobacco free policies to other communities. Tacoma has had a park wide smoke free ordinance for their 75 parks since 2009 and reports that most people are compliant with the signage and they have had very few complaints about the policy. Salt Lake county with its 70 plus parks has had a park wide smoke free ordinance since 2008. It's predominately self enforcing and they have had only occasional complaints about noncompliance. Most people comply with Ammon, Idaho's park wide smoke free ordinance. And no complaints or opposition has been experienced by Rexburg with their smoke free ordinance, which does not allow smoking 50 feet from designated areas. So, smoke free park policies are working throughout the United States. Is there support? Yes, there is in Idaho. A Department of Health and Welfare 2009 survey showed that more than half of Idahoans surveyed supported smoke free outdoor areas, especially when children were present. Central District Health Department completed surveys last summer and found that 69 percent of survey responders supported tobacco free parks and actually 85 percent supported smoke free -- actually, tobacco free playgrounds. The City of Meridian in a 2010 citizen survey found that 62 percent of Meridian survey responders supported smoke free parks. And South Central Public Health District, which is located in Twin Falls, found 78 percent supported tobacco free parks. North Central Public Health District in Lewiston -- in the Lewiston area found that 80 percent supported tobacco free parks. A U.S. National Institutes of Health survey of over 167,000 people, which was conducted in 2006 and 2007, found that 79.2 percent supported that smoking should not be allowed in outdoor children's playgrounds and sports fields. Some of the comments and concerns surrounding smoke free policy that I would like to revisit include the enforcement compliance, the personal rights issue, discrimination and the concern of what will be prohibited next. And with enforcing and publicizing, similar to other park policies, such as the hours of operation and litter policies, the primary enforcement will be with signage. This empowers park users to speak up and most do comply with the signage. Of course, education is very important and these are just some examples of ways that you could educate the community, including your website, newsletters, activity brochures, policy manuals and coaches and parents meetings. Most communities that have smoke free park policies or tobacco free park policies do not ask their police to actively patrol the parks, you know, instead they rely on peer enforcement among the park users. Smokers are not a protected class, such as race or gender and it's not a violation of anti -discrimination laws to prohibit smoking. Smoking is a behavior, it's not a condition of birth, and so it is not protected from the discrimination. And there is a concern -- there may also be a concern of what is going to be outlawed next and the health problems with sugar, fat, salt, and alcohol stem from the misuse, overuse, and abuse of these products. And tobacco is the only Meridian City Council February 15, 2011 Page 14 of 28 one of these products that when it's used properly as directed leads to severe illness and premature death. Central District Health Department is poised to help you in this endeavor. We have information for those people that are interested in quitting tobacco use. There are tobacco cessation classes available free of charge throughout communities in Ada, Boise, Elmore and Valley counties. There is also -- there are also resources available through the Idaho Quit Line, which is telephone based counseling and the Idaho Quit Net, which is web based counseling. These programs are supported by the Idaho Tobacco Millennium Fund. We will also provide ongoing support as you work through the process of smoke free park policy. And we have free metal signs for the parks. And these are just a couple of examples of the signage that is available, which can be adapted to meet your own needs. And at this point I'll go ahead and turn things over to Steve, who will have some concluding remarks. Siddoway: So, Madam Mayor, Members of Council, at the December hearing there were a handful of specific questions that we were asked to look at and come back with information about. The first one, as mentioned by Mayor de Weerd, was to meet with the police department and talk about enforcement. We did meet with Chief Lavey and talk about this and we talked about the signage that we would put up, the fact that peer enforcement would be empowered through that signage and that what experience shows us from our research is that most comply with the signage element. Officer enforcement would be an option and the police officers would enforce this policy, but as a lower priority compared to other things that would be on their radar. We would begin, of course, with education, as opposed to just writing tickets and it would -- such would be at the officer's discretion. I'd actually like to pause here and ask Chief Lavey if he'd like to come up and add any comments about our meeting? I did give him a heads up was going to do that. Lavey: Madam Mayor, Council, I don't know if I have anything else to add. I will just say that the police department's position on this is neutral. We don't take either side. We will enforce any ordinance that you put into law and Steve is correct in what he says, is that we will enforce any law that we have, but you need to realize that it will be a lower priority based on other calls that are going on. We really look at peer enforcement as being the main thing. But we really look at the opportunity also for education to be the main focus here. And, then, I will add, since I have peers in the back that as a private citizen I support this ordinance. Thank you. De Weerd: I guess -- I guess my comment that I brought up at our last meeting is a concern if this was passed that you had one person in the park and they lit up a cigarette, what -- and a neighbor across the street were to call it in, say someone's over there smoking in the park, what -- what if they are not bothering anyone, what is the recourse there? Lavey: Well, Madam Mayor, the recourse would be the fact that they are committing a violation of city ordinance, so it is against the law. It would go into the queue and any domestic, crash, or any other calls for service that the officers are handling would be handled first, then, the officers would respond to the park. If the person was still there Meridian City Council February 15, 2011 Page 15 of 28 and still lighting up we could take enforcement action at officer's discretion we could use this as an educational opportunity. But if it is an ordinance and a citizen calls in and complains, based on our city values, we need to respond to that call. De Weerd: Okay. Thank you. Council, any questions for the chief? Bird: I have none. Lavey: Thank you. Siddoway: I also point out at this point that the -- one of the key exclusions that we are proposing in this resolution is to exclude the parking lots of all parks from this. So, if someone did light up and was bothering someone, they could be asked to go to the parking lot as a place where they could smoke without having to leave the park entirely. The second item we were asked to specifically look at was the park wide ban versus a distance from specific elements, such as playgrounds, concessions, or shelters. When I was before Council the first time last summer I was favoring the distance from version of this policy. However, in working with the police department they do have concerns about a distance from ban as creating more enforcement problems. For example, if we were to say 50 feet from the playground area, you know, are they 45, are they 55 feet? Are -- you know, where does that line begin? Is it right up against the playground? Is it at the sidewalk next to the playground? It's just a cleaner enforcement if it's -- if it's the park and not a distance prescription. The park wide ban with the parking lot exclusion is preferred for a clear enforcement policy. The next item was regarding sidewalks along the parks and we have talked about this with both the legal department and with the police department and our recommendation is to keep this a clean policy. By that I mean that simply if the sidewalk is on park property smoking would be prohibited. If the sidewalk is not on park property, but in ACHD right of way, then, the rule does not apply, because it's not on our property. We did look at what it would mean to modify the smoke free policy for detached sidewalks that do come into the park's boundary and what would happen if we tried to allow smoking there and the signage that would be required just becomes confusing or simply requires a lot more signage, for one, and we believe that keeping it simple, if it's on park property it's nonsmoking and if it's not on park property the rule doesn't apply, is the simplest way to move forward and would be our proposal to you tonight. We have a recommendation from the Meridian Parks and Recreation Commission. They did pass a resolution, which you should have a copy of in your electronic packet for tonight. They recommend using the existing Meridian City Code, 6-3-2 that prohibits smoking where signage disallows it and there is specific requirements about the height of the lettering and things like that that we would need to comply with. The area covered under the proposal is park wide for all of our parks, excluding the parking lot, so that there is a place within the parks for someone to go if they do wish to smoke and also an exclusion for the Harold Cox monument as it is not a place that is a traditional park that has amenities that are frequented by children. With that I will stand for any questions before we take public testimony. Meridian City Council February 15, 2011 Page 16 of 28 De Weerd: Thank you, Steve. And just to note, we do have two of our parks commissioners in the audience, Michael Martin, their chair, and vice -chair Phil Liddell. Thank you for joining us. Siddoway: Yes. Thank you for noting that. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think I was looking for a little more discussion of a tobacco free ordinance Siddoway: Okay. Zaremba: I have no hesitation to say I already support the smoke free ordinance, but what would change if we also said tobacco free? Siddoway: What would change is it would require a new ordinance, as opposed to just a resolution. The resolution simply directs us, as park staff, to sign the parks as nonsmoking under the existing ordinance, which is a smoking ban where signed. So, we are trying to come under the existing ordinance with a resolution. If you wanted to go tobacco free, then, we would need to propose a new ordinance to you. De Weerd: Any other questions from Council? Rountree: Not at this time. De Weerd: Okay. Thank you, Steve. Siddoway Thank you. De Weerd: This is a public hearing and I do have several people who have signed up. When I get through the list if there are additional people who would like to provide testimony I would invite you forward at that time. I will read these names and if you'd like to come forward to provide testimony I would invite you to do so at that time. I have Doug on here again. So, Doug, are you here this evening? I had to ask. Okay. Steve, if you would like to, please, come forward. Signed up against. Or you didn't mark a box. If you will, please, state your name and address for the record. Davanzo: My name is Steve Davanzo. My address is 132 East Idaho Avenue, Meridian. De Weerd: Thank you. Meridian City Council February 15, 2011 Page 17 of 28 Davanzo: I'm here to urge the Council to, basically, disapprove of this ordinance. I moved here six years ago from California, basically, to get away from what I felt was government interference in my ability to do -- to function as an individual. I don't think anybody here would take issue with the fact we don't want smoking in playground areas, we don't want our children exposed to that, but I think parks are for everybody. It's not for 85 percent of the public. okay? It's for everybody. Most smokers are considerate. If you are offended by the smoke and you go and approach somebody who is smoking, most of the time -- I'm not saying a hundred percent of the time, but most of the time they will move to another area, because they do not want to offend anybody and they want everybody to get along. I don't feel this is something that the City Council should be dealing with direct, I think it's something that should be presented to the citizens of Meridian to have them vote on it. This is not -- I know you have had hearings on this thing, but this has not been a tremendously publicized situation here in Meridian. I own a smoke shop. Most of the people who come into my store are not aware of this. Okay? We have been trying to generate some response and, unfortunately, most people tend to be apathetic. Okay? The reality is most of the facts that have been presented here tonight are misleading. Most of the facts that are presented here tonight talk -- are, basically, based on cigarette tobacco and cigarette smoking. There are a lot of additives in cigarettes that aren't necessarily in pipe tobacco or cigar tobacco and you're, basically, throwing everything into one lump area, okay, and I just think -- I don't want anybody to rush into anything. I'd like for the Council to look into this a little bit more and do something that would be fitting for all citizens where it could accommodate everybody. Other than that, thank you very much. I appreciate the few minutes you gave me. Thank you. De Weerd: Thank you. Bert Montgomery resigned up against. Tom Roy signed up -- oh, I'm sorry. Bert, I didn't -- yes, please. Good evening. If you will, please, state your name and address for the record. Montgomery: Bert Montgomery. I live at 184 Pennwood Street. De Weerd: Thank you. Montgomery: And my biggest thing is people call this a health issue and if it was really a health issue, basically, every major park in this valley would either have one or two major streets going by it where literally hundred of cars and trucks and buses going by every hour spewing out a lot more smoke and stink and things that are a lot worse for you than a little bit of tobacco smoke. So, this isn't a health issue, this is a take away a person's freedom issue. That's the way I see it. And that's all it is. We just keep chipping away at people's freedoms and I'm not a smoker. I occasionally enjoy a cigar once in awhile and that's it. But the thing is I'm looking at the freedom issue. Not so much -- it's -- the health issue is a smoke screen as far as I'm concerned, because, like I said, if it was truly health, we would be worried about those streets next to the parks, because they are a lot more harmful with the smoke they are putting out than any tobacco ever will. And that's about all I got to say. Meridian City Council February 15, 2011 Page 18 of 28 De Weerd: Thank you. Montgomery: Thank you. De Weerd: Tom Roy signed up for Roy: Madam Mayor, Members of the Council, thank you for letting us come and talk to you. My name is Tom Roy, I'm the executive director for the Police Activities League and just want to let you know as we have venues with lots of kids who participate within PAL, typically we have about four to five thousand kids a year, we have always made our -- our venues smoke free or tobacco free and we just encourage good roll models for the kids. My daughter has sports -induced asthma, so we certainly understand some of the negative aspects of smoking in the community. So, I will turn the time over the Hannah to talk a little bit more about some of the affects on her. H.Roy: Okay. De Weerd: Hannah, if you can also state your name, please. H.Roy: My name is Hannah Roy. De Weerd: Thank you. H.Roy: Madam Mayor and Council. I'm a high school student that has played soccer through PAL and other means that use the parks to run and have a good time with my friends and I also have sports -induced asthma. Running while someone is smoking near me can actually stop my breathing and I have to stop and catch my breath. Personally, I like breathing and I like running. I like being able to do both at the same time, too. And on top of this I also help my dad coach girls that are ten years old with their soccer and a lot of these players take in everything that adults do. So, if somebody is smoking around them they will think, hey, there is an adult smoking in a park. That's cool. I may want to do that. And this can put them in a mind set that will make them later on in life smoke. Maybe even before it's legal for them to smoke, getting them in trouble with the law. And this will also have them help like get them to pick up habits that will actually hurt themselves, like physically like with their lungs it could cause problems. Also parks are usually a place for families to get together with their children and so children are also just not soccer players, but everyone in general is looking at these adults thinking, hey, this is what they are doing, maybe I should do this, too. And it puts them in this mind set like that. One of the examples that I like to use whenever talking about smoking is while at a soccer tournament me and my friend both have asthma and we are on the same team and people smoking at a field next to ours -- she actually got sick because of it and I was coughing while on the field. She was taken off the field and I had to try to recover from the people's smoking and the tobacco that was breathing in along with the smoke, which is worse -- secondhand smoke is worse than you -- because there is no filter that you're breathing it through and I was Meridian City Council February 15, 2011 Page 19 of 28 recovering while on the field. So, ever since then my friend and I both strongly believe that smoking should be banned from all parks. Thank you. Roy: Thank you. De Weerd: Thank you both. Any questions from Council? Thank you. Bonnie Speas signed up for. Speas: My name is Bonnie Speas. I live at 2116 West Parkstone Court De Weerd: Thank you. Speas: I'm here in favor of the ordinance and encourage you to vote for it. The nonsmokers in this community are the majority and I think it's important to represent the majority in your decisions. We have the right to breathe clean air. We have the right to enjoy the park without offensive fumes. We have the right to bring our children to the park not seeing bad examples. Not worrying about them picking up cigarette butts that are dirty. And not breathing unhealthy air. The -- I'd like to draw your attention to the park's mission, which has already been mentioned, which is to enhance the community's quality of life and that's in the parks and it's for all citizens. I'd also like to point out the city code. In the disorderly conduct code it mentions that a person cannot conduct themselves in a way which is a breach of the peace of another person and I feel that smoking in a park is a breach of my peace and our family's peace. So, I encourage you to vote for this ordinance. Smokers have the ability to leave the park and go to the parking lot. My family does not have the ability to leave the park and enjoy the amenities somewhere else. It is the only p ace we can. So, please, choose this ordinance and vote for it, because you are voting for the majority of your citizens if you do. Thank you. De Weerd: Thank you. Okay. Is there any other person who would like to provide testimony on this item? These were just the names that had signed the sheet. Yes. I'm sorry, Janelle. Janelle. J.de Weerd: Janelle de Weerd at 2621 North Miranda Avenue. I am on Mayor's Youth Advisory Council and smoke free parks is just kind of something that we took on as an issue in our community that we would be better without. There is no positive reinforcement by allowing smoking in parks. Kids are seeing these teenagers -- I'm sure half of them not even allowed to be smoking, but it's away from the parents. I mean if you're 16 you're not going to have your parents there with you at the park. It's teaching these little kids, looking up to those either teenagers or adults and when they see that negative behavior it starts to rub off and in our society we are already seeing a lot of that stuff increase, because it's more publicized and if we were able to take that out of a park environment, especially parks with those playgrounds -- playgrounds are made for kids. They aren't made for adults or teenagers. So, that's one of the biggest things. We have kids crawling on the ground, picking up cigarette butts and that are littering the entire park. So, I really don't see anything that is coming out of allowing that Meridian City Council February 15, 2011 Page 20 of 28 smoking in parks, because the parking lot is a hundred feet away. It's not that hard to take yourself out of the environment where children are around and be able to do whatever you need to in the parking lot and as Hannah said, I agree with a lot of the things she said and with her having that first-hand experience it does go to show that the smokers -- smoking in the parks that have sports being played, where kids are running around, is having an impact on the kids that have asthma and whatnot. So, I will now stand for questions. De Weerd: Council? Thank you. Okay. Granger: My name is Colton Granger. 1734 West Sugarcrest Street. I'm the vice -chair of the government affairs committee on MYAC. And I think it's pretty interesting listening to this whole debate. Actually, our generation was the first generation to kind of grow up and realize and had realized the full extent of the health affects from tobacco use. I mean we grew up being -- the entirety of my childhood I grew up knowing that like tobacco use has cancerous properties and yada yada. I think this -- I mean our generation is a generation that expects change and I think that this ordinance is key to set a social image and these societal norms that we expect growing up. This is a positive image, because, first off, it stigmatizes smoking in parks, so it prevents certain teens from smoking and just an overall in parks, open air, clean air, healthy activity, healthy lifestyle and it just clears up the issue that simultaneously advocating that, oh, smoking is bad for your health, but at the same time not regulating it is kind of sending a mixed image to the entire population and so pretty much without regulation you have no effect on setting the social norm that you don't want people smoking. And the biggest reason behind this is it's not necessarily an individual right, because it affects the lives of others and it's a higher risk to the lives -- I mean dealing with smoking like this is a high risk activity and it's an activity which one small segment of the population has the ability to enforce a biological control over a larger percent of the population. I mean even dealing with -- with just the fact that, oh, this is a high risk activity, that should be absolutely no question that, oh, this isn't an individual right, like what you do affects other people and the fact that it's such a high risk effect that -- I mean you have less -- you have a -- less risk if violating the rights of the smokers or -- by saying, all right, smoke in the parking lot, than you do of violating the rights of the higher percentage of people in parks who don't want to inhale secondhand smoke. And so 62 percent of those surveyed approved. So, thank you. Any questions? De Weerd: Questions, Council? You can tell you're a debater. Thank you, Colton. Additional testimony? Yes, please. Connolly: Thank you, Madam Mayor and Councilmen. My name is Carrie Connolly. I live at 2948 West Divide Creek, Meridian, Idaho. I am completely for smoke free. I have a child who is allergic to smoke and every time I used to take him at a young age to the parks we would come home for a two week bout of him being in bed sick because of people around smoking. It wasn't fair that he was punished to stay in his home and not get to enjoy the other children. Otherwise, he would be in bed sick for weeks at a Meridian City Council February 15, 2011 Page 21 of 28 time and I just really, really hope that you guys vote to put this into place, so that everybody can enjoy the parks. Thank you. De Weerd: Thank you. Okay. Any other citizen wish to comment? Yes. Sheets: Sayara Sheets. 2948 West Divide Creek, Meridian. De Weerd: Thank you. Sheets: I'm really for the nonsmoking in like playgrounds and parks and stuff, because like I feel like I should have my rights to live as long as I can and smoking is going to like lower -- or possibly make me die sooner, because of lung cancer and things like that, which secondhand smoke does cause. So, I'm just saying that I'm for it. Thank you. De Weerd: Thank you. Okay. Any other testimony? Good evening. Knapp: I'm Elizabeth Knapp and I live at 747 East Redrock Drive. 8646. De Weerd: Thank you. Knapp: And I am for smoke free parks. Someone mentioned earlier that -- the parks are for everyone and it's true that parks are for everyone and different people, as has been mentioned, have different health issues and things like that and I don't think that people in these free parks should be forced to breath in secondhand smoke just because they wanted to go play at the park. So, I think that we should definitely ban smoking in parks as dangerous to our health and it does set a bad example for the youth. Thank you. De Weerd: Thank you. Okay. Any further testimony? Okay. Council? Oh, Steve, do you have concluding remarks? Siddoway: Madam Mayor, my concluding remark would simply be that in crafting the proposed resolution we have strived to find the best middle ground that we can. We have seen tremendous public support in the surveys that we have done through both Central District Health and the citywide survey. We wanted to be conscious of the fact that someone in the park who wanted to smoke -- we wanted to provide a way for that to happen away from the places where the kids were at the playgrounds and the sports fields and the shelters and the concession areas and bleachers and things, so we felt like an exemption for the parking lots was a way to do that without forcing people to get in their car and leave the park entirely. So, that is our proposal to you tonight and I will stand for any questions. De Weerd: Thank you. Mr. Zaremba. Meridian City Council February 15, 2011 Page 22 of 28 Zaremba: Madam Mayor, I should know this, but does this include the community center as well? Siddoway: The buildings are already smoke free, but -- so it includes Centennial Park now next to the community center. I suppose the parking lot between the two would be covered by this exclusion. Zaremba: Okay. Thank you. De Weerd: Council, any other questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: A question for Bill or Steve or both. I have heard some different words tonight. Excuse me. Apparently it's not on. Now it's on. I have heard some words tonight talking about policy. I have heard words talking about ordinance. Bill, is there a difference? Some of the explanation on some of the other communities talked about a policy in place and others were ordinances. We have an ordinance. We are contemplating a resolution, which appears to be a policy that would, in effect, extend the ordinance. So, help me understand the legal aspect of those. Nary: Certainly, Madam Mayor, Members of the Council, Council Member Rountree. In 2010 the City Council passed an ordinance that prohibited smoking -- either lighting up to smoke or refusing to put out a cigarette or tobacco product once you were asked to do so anyplace that is signed no smoking. So, we posted no smoking signs, for example, on City Hall campus that comply with our city ordinance that makes it, then, illegal to violate that ordinance. What your resolution that's in front of you tonight would then direct staff to, essentially, sign different city properties as no smoking, in addition, similarly, to what's been done at the City Hall campus and the police department campus. So, the reason it's a resolution in front of you is because all your -- all you're being asked to do in the resolution is direct staff to post signage. The ordinance already exists -- it says anywhere that signs exist that say no smoking and there is some specifics about the size and it has to be visible and those kinds of things, but, basically, anywhere that no smoking is posted is a violation of city ordinance to smoke or refuse to put out a tobacco product when asked to. So, that's why it is -- it is a little unusual in the sense that you already have an ordinance in place and I think one of the comments that was made was if the desire of this Council was to create tobacco free or possession of tobacco as a violation of city ordinance, that's a different ordinance. The only ordinance that you have currently on the books makes smoking or refusing to put out a tobacco product as a violation of law. If you wanted to make possession of tobacco products or use of smoke free tobacco on city properties a violation, we would have to craft a new ordinance to do that. But all you need to do tonight, if your desire is to follow the recommendation of the parks commission, is the ordinance that's in front of you basically directs no smoking signage to be placed in the city parks to identify that the Meridian City Council February 15, 2011 Page 23 of 28 exclusion does not apply to the parking lot areas, that the Harold Cox Park, essentially, would not be signed at all that would prohibit smoking there, so it wouldn't be prohibited at the Harold Cox monument or, obviously, the parking lots that are adjacent to it wouldn't be covered as well. So, that's -- that is an unusual circumstance that we don't normally see, but we already have an ordinance in place and that's why a resolution is all that's necessary. Rountree: Thank you. De Weerd: Anything further from Council? Rountree: I have nothing. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on the smoke free parks. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Resolution No. 10-759: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Adopting The Recommendation Of The Meridian Parks And Recreation Commission That City Parks Be Generally Declared To Be Smoke Free Premises; And Providing An Effective Date Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve resolution number 10-759. Bird: Second. De Weerd: I have a motion and a second to approve Item 6-13, which is ten -- resolution number 10-759. Any discussion? Hoaglun: Madam Mayor? Meridian City Council February 15, 2011 Page 24 of 28 De Weerd: Mr. Hoaglun. Hoaglun: Just a couple quick comments. Number one, I do want to thank the parks commission for their work on this. They took it through a couple of meetings and looked at what other communities were doing, how they are doing it, and I think came up with a good recommendation to the City Council in how this ordinance is going to be drafted and -- or the resolution that would be part of the ordinance is going to move forward. It's certainly within the purview of the city to regulate safety -- health and safety issues and this is something that is a health and safety issue and it's no different than creating areas of skateboarding, we only allow it in certain areas because of the potential harm and impact to people if they are skateboarding in a crowded area. Pets off leash, there is liability concerns of control, because it's a safety issue. Smoking is a safety issue. There is an impact to someone else's health and we are not telling the person not to smoke if that's their choosing, but we are regulating where they can smoke and that is to the parking lot and while it might have been easier to say completely smoke free, we recognize -- or I recognize the fact that we have some city employees that smoke, parks employees, you know, sending them off to someone else's property to smoke is -- I don't think responsible on our part. So, I think the parking lot area is a compromise that works and I can live with that. So, I just -- I think we are being responsible to our citizens about protecting their health and safety while they are utilizing our city parks. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On that note I'd also like to thank Central District Health and the work that's being done statewide as well and our youth who are, of course, our future and very much appreciate your being in favor of this and behind this and understanding the impacts to yourselves and your friends as well. So, thank you for your efforts in support of this. De Weerd: Okay. Any further discussion? Rountree: No. De Weerd: Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda. Meridian City Council February 15, 2011 Page 25 of 28 De Weerd: Okay. Item 6-B -- oops. We just did 6-13 the Consent Agenda. Item 9: Department Reports We did not move any items from A. Mayor's Office: Ordinance No. 11-1472A (To Replace Ordinance No. 11-1472): Updates to Title 2, Meridian City Code Regarding the Traffic Safety Commission and Planning & Zoning Commission De Weerd: 9-A is under Ordinance 11-1472-A. This is to update Title 2, Meridian City Code, regarding the Traffic Safety Commission and Planning and Zoning Commission. Council, we reported on this earlier in terms of number of commissioners. We did take one of the designated commission seats for the school district and put it as an ex -officio, so now the number of commissioners on this -- to this particular one is at nine. So, this was mostly a clean-up item. Mr. Nary, do you have anything further to add? Nary: Just briefly, Madam Mayor, Members of the Council, I think a few weeks ago I mentioned to you this would probably be coming as we confirm that with the -- a few weeks ago we mentioned this would be coming as we confirm that with the school district. This, again, would bring it back to nine. We held the prior ordinance, if you recall. We passed it so we could make sure we had the right number of members, but we held publishing that until we could clarify this position. So, we can put this on your agenda next week if you're comfortable with it for approval and, then, we would have, again, nine back on the traffic safety and the other clean-up is on the Planning and Zoning, is just the location, so — Item 10: Future Meeting Topics De Weerd: Okay. Any questions? Okay. We will put that on the agenda next week, then. Thank you. Okay. Our last item, Item No. 10 is on future meeting topics. Council, we put this on here. On occasion we get requests to be added to a City Council agenda and so we thought this would be one place that we would have that opportunity to bring those requests in front of you. Mr. Nary. Nary: Madam Mayor, Members of the Council, there is two items and the clerk's office can confirm -- there is two items that have been a request basically made through the Mayor's office. The process has been that if a citizen has an interest to speak before the Council about any topic they've needed to identify what the specific topic is, so that we can notice it properly. It's gone through the Mayor and the Council president and the agenda setting process to determine, one, if it's something of topicality, I guess, for this Council to hear and, then, when would be the appropriate time to hear that. The two that are -- the two that have had the most recent request that I'm aware of and Madam Mayor can certainly correct me if I'm mistaken. One was a request from a citizen that wanted to speak in regards to the backflow program. You have heard that a number of times in varieties of forms, but this particular concern or question was in regards to how Meridian City Council February 15, 2011 Page 26 of 28 the rate setting was done back in 2002 and how the system has evolved to now where the Council has changed the backflow testing program and he wanted to address the Council to inquire about that. The second was an individual who has requested -- and he wasn't very specific as to what the topic was. He talked about liability issues. I did talk with the gentleman, as both the city attorney and the risk manager, and, then, the topic of liability was pretty vague and not very specific, but his individual concern was that there are some liability issues in his mind of the city's interaction with him or with his group and he wanted to make the Council aware of those things. So, if you have an interest in hearing either of those topics, we could get those noticed on a future agenda. Just for the public record, we couldn't -- we can't take -- the way the public meeting law is set up we can't take essentially random topics at this meeting, we have to notice them so that there is an opportunity for both the information that's needed for you to make a decision or anything, is being able to be presented, but, secondarily if anybody has an opposing viewpoint or a like viewpoint they have an opportunity to know that we are going to discuss it. So, just for the record sake we couldn't talk about future topics here, it was merely simply to raise these to you and if you'd like to hear them, then, we could schedule them in the future for you. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just to express an opinion, I think we have discussed the backflow issues and made what I think is a final decision on that with the support of the Public Works Department. The other one -- is that an open discussion or an executive session type discussion? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, the gentleman hasn't identified specifically what liability if any he thinks exist. The -- in my brief discussion -- again, he wasn't necessarily very forthcoming about what liability, but it wasn't something, in my opinion, that rises to the level of executive session type of discussion at this point. Zaremba: Then, my opinion on that one would be I would want more information from him before we calendar that for the agenda. That's one person's opinion. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I guess my comment on that, too, either one of these issues, if -- if they haven't gone to staff -- and, I don't know, like the backflow program where they sit down and have a full discussion and get a thorough understanding of what happened in 2002, 1 don't want people coming before the Council and we say, okay, now we go -- you need to go talk to staff, because they can explain that to you. I mean that's just a waste of time. There is a process and if there is a decision to be made, that's what we are here Meridian City Council February 15, 2011 Page 27 of 28 for is to make decisions. And so if they have a problem, want us to consider changing city code or policies, that sort of thing, I'm a little more open to it, but if they just want information, then, they need to sit down with staff and do that and, then, formulate what they want changed. If there is no change, they just want to talk about it, well, they can sent us an e-mail as well. So, I guess that's my approach to it. De Weerd: Okay. Any other comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't have an issue with somebody wanting to come and talk to us, but I think that what they want to bring ought to be specified. The idea of exploring what happened in 2002, even if I would have been on the Council at that point in time, I wouldn't be able to recall what happened, that would be something that they would have to take up in the record with staff and -- and it should be resolved at that point. Having said that, anything that Council has done previously does not necessarily hold a newer Council, because we can shape, change, modify resolutions, ordinances, et cetera, to accommodate what needs to be done presently. So, I have kind of a -- I'm unclear what would be accomplished with that kind of a conversation. With respect to the second one you brought up, it seems a little bit vague and nebulous at this point in time and, again, I'm not sure what we would accomplish, other than hearing it. I don't have a problem with hearing it, but I would hope that whomever brings that kind of a discussion does not expect an action on the part of the Council, because we simply couldn't take an action, particularly if it meant changing policy or whatnot, because that all has to go through some kind of a public hearing process. Those are my thoughts. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Along the line of Councilman Rountree, I think we are a public entity and if people want to come before us, I think they have a right to come before us. The procedure, as have been told for the 13 years I have been on here, you get a hold of the Council president, who is head of setting the agenda or the city -- through the city clerk's office and get it on here. But I mean it should be a valid reason to get on. The two items you have mentioned I don't see where coming before us is going to help at all on it. But I think if they have got a legitimate reason to come before us, I'm for one to listen and while we can't make any decisions, because there is a procedure to do it, we can at least listen. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council February 15, 2011 Page 28 of 28 Nary: Madam Mayor, Members of the Council, we can certainly communicate all those things back. I mean just so you know -- and, again, as anybody that reviews the minutes, the record here, in the six years that I have been here in this role, both with Madam Mayor and almost all the Council members that are here, I don't think we have had really any issue that hasn't ultimately come before you if it couldn't get resolved at the staff level. I think as Council Member Hoaglun stated, I mean that has been the process that's worked fairly well. I mean many of the things do have to get vetted through the staff just for explanation and understanding of history and those type of things and you all know many times, whether it's my office or Mrs. Canning or Public Works or whatever, we have certainly come to a point where we have said, you know what, we can't resolve anymore issue for you, but we certainly can ask the Council to do that and that's worked effectively on most occasions. These two were just simply out of the norm, they didn't want to talk to staff any more than they had to this point and -- and guess just from the legal standpoint it concerns me that if the Council becomes a shortcut to people that they don't necessarily follow any process to do that, it becomes a very unworkable type of situation. But we can certainly communicate back to both the parties that, one, without really some real specificity of what they want to talk about, the Council is certainly willing to hear it once they can identify what it is that you would be able to have a conversation about and that they vetted it through the staff as much as is reasonably possible and, then, we can just take it from there. De Weerd: Okay. Thank you. So, Mr. Nary, will you or the clerk's office follow up? Nary: Yes, Madam Mayor, we will do that. De Weerd: Okay. Thank you. Okay. We are at the end of our agenda. I would entertain a motion to adjourn. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR a a a o l De WEEI�E9` �4f''% DATE APPROVED A ST: ��I�CEE tom! /�'� 9 �� T 1 S� • 1 `C' �•�` LMAN, CITY CLERK Item #8A: Jericho Subdivision (TE -10-034) Continued from the January 18th CC Meeting Application(s): ➢ Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 9.52 acres, zoned R-4 & R-15, and is located at 6055 and 6185 N. Jericho Road. Written Testimony since January 18th Council Hearing: The applicant's representative submitted a letter detailing CBH Homes commitments to upgrading the pressurized irrigation system in the fall, removal of the arborvitaes along the southern property boundary and a weed mitigation plan. Summary of Request: Council continued this item to have certain items (weeds, bugs and flooding) addressed before proceeding with the time extension request. Council directed staff to contact with the bank to find out what their intentions were for developing the property. After making contact, staff was informed that the property changed ownership and the property was purchased by CBH Homes. On February 4th, staff facilitated a meeting with the new owner, a representative of the Hightower HOA and the Karnes Lateral to address the items (weeds, flooding, and bugs) that were discussed at the last hearing. The applicant's representative has transmitted a letter with the new property owners' consent that details the commitments from the new owner. CBH Homes has agreed to the following: 1) make the necessary upgrades to the PI system (Fall 2011) 2) remove the row of arborvitaes along the southern property boundary (bugs) and; 3) activate a weed mitigation plan The only change requested to staffs recommendation is the requirement to mitigate for the 113 caliper inches of trees. Proposed Plat Conditions: 1) Future construction of the Townhomes shall be subject to CZC and Design Review approval per the standards set forth in the UDC and the City of Meridian Design Manual. Further future residential structures shall be consistent with, the attached elevations (see exhibit AA). 2) The applicant shall submit a revised landscape plan to include the addition of two (2) amenities consistent with the qualifying site amenities as set forth in UDC 11 -3G -3C prior to City Engineer's signature on a final plat. 3) The owner shall commit to the items (weed control, PI upgrades and removal of the arborvitaes) and timelines outlined in the letter dated February 8, 2011 or the subject time extension shall be null and void. 4) The applicant shall submit a revised landscape to include a single 2 inch caliper tree on each individual buildable lot prior to City Engineer's signature on a final plat. In addition, the owner shall incorporate the requirement for the trees into the Jericho Subdivision's recorded CCR's. A copy of the recorded CCR's shall be submitted to Planning Department prior to receiving City Engineer's signature on a final plat. Staff is recommending a new condition of approval that ties the owner's commitments to the subject time extension request (see condition #3 above). The owner has also committed to planting one 2 -inch caliper tree on each of the subject lots to mitigate for the loss of trees on the site (see #4 above). The applicant is in agreement with the new conditions of approval. Outstanding Issue(s) for City Council: The applicant has requested that the proposed new condition of approval requiring mitigation for the loss of trees not be required as an additional condition of approval for the project. The City Arborist went to the site and took an inventory of the remaining trees on the site. Per his recommendations, 94 caliper inches should be mitigated for. His letter detailing the conditions of the remaining trees has been included in your packet. Staff Recommendation: Approval of a two-year time extension Notes: Item #913: Baraya Subdivision (TE -11-001) Application(s): ➢ Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 92.66 acres), zoned R-8, R-15 and R-40, located on the south side of Franklin Road between Black Cat Road and Ten Mile Road. Summary of Request: This is the first time extension requested for approval by City Council. The project is located within the boundary of the Ten Mile Interchange Specific Area Plan (TMISAP) and the plat was reviewed in conjunction with said plan. Specifically, the street layout, land uses, density, open space and building design were items that were addressed with the approval of the plat. In the recorded development agreement (DA) specific design criteria is spelled out for the single family residential homes. Further, the multi -family portion of the development is conditioned to comply with the design criteria contained in the TMISAP with a future conditional use permit application. It appears the subject plat complies with the current requirements of the unified development code (UDC) regarding open space, pathway connections, amenities, subdivision standards and dimensional standards of the underlying zoning districts. Further, the previous time extension required that future townhomes receive certificate of zoning compliance and administrative design review approval. This condition still remains in affect with the subject time extension request. Since the previous conditions of approval and the recorded development agreement address future design concepts (plat and residentiao, Staff is not recommending any new conditions of approval with the subject time extension request. All other conditions of approval remain in affect for this project. Written Testimony: Matt Schultz, Written response in agreement with the staff report. Outstanding Issue(s) for City Council: None Staff Recommendation: Approval of a two-year time extension Notes: Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 1, 2011 City Council Special Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of February 1, 2011 City Council Regular Meeting MEETING NOTES t)-?py0v -�C\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Personal Services Agreement with Lisa Johnson for Human Resources Consulting and Training MEETING NOTES N(o 0,C�gkn0,1 _ f),pp,-Ov C� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES ENT made thi ay of F, 2011, by and between the City THIS AGREEMENT, of Meridian, a municipal corp or ' oration ani under the laws of the State of Idaho, hereinafter g CITY referred to as "CITY", 33 East BroadwayAvenue, Meridian, Idaho 83642, and LISA JOHNSON COUNSELING AND CONSULTING, LLC, hereinafter referred to as "LISA JOHNSON COUNSELING AND CONS LILTING LLC9% 815 South Bridgeway Place, Ste 112, Eagle, Idaho 83616. Scope of Services: LISA JOHNSON COUNSELING AND CONSULTING, 1. L LC shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit A incorporated y " and inco orated herein b this reference, together with any amendments that may be agreed to in writing by the parties. 2. Ti agreement of Performance: This a reement shall become effective upon execution by b p p both parties, and shall ire on September 30, 2011 unless earlier terminated or expire extended. 3. Indemnification and Insurance: LISA JOHNSON COUNSELING AND CONSULTING, LLC shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons orrope�y and losses and expenses caused or incurred by LISA JOHNSON p COUNSELING AND CONSULTING, LLC, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. LISA JOHNSON COUNSELING AND CONSULTING, LLC shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, LISA JOHNSON COUNSELING AND CONSULTING, LLC covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for or damages liability to persons or property. Additionally, LISA JOHNSON g �' COUNSELING AND CONSULTING, LLC shall maintain Workers n Insurance in the statutory r'y limits as required by law. LISA JOHNSON COUNSELING AND CONSULTING, LLC shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing LISA JOHNSON COUNSELING AND CONSULTING, LLC'S compliance with the requirements of thisparagraph and file such proof of insurance with the CITY. In q the event the insurance minimums are changed, LISA JOHNSON COUNSELING Human Resources Consulting Agreement - LISA JOHNSON COUNSELING AND CONSULTING, LLC -- page I of 5 AND CONSULTING, LLC shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Human Resources, 33 East Broadway Avenue, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, LISA JOHNSON COUNSELING AND CONSULTING, LLC shall be acting as an independent contractor, and neither LISA JOHNSON COUNSELING AND CONSULTING, LLC nor any officer, employee or agent of LISA JOHNSON COUNSELING AND CONSULTING, LLC will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Presentation Materials: All materials prepared for the purpose of this agreement as well as any and all materials actually used in the presentation of the services contemplated by this agreement shall be the property of the CITY. 6. Compensation: LISA JOHNSON COUNSELING AND CONSULTING, LLC shall be compensated for professional human resources services pursuant to and specified in attached Exhibit "A." During the remainder of this agreement, if the CITY uses LISA JOHNSON COUNSELING AND CONSULTING, LLC for the same or additional training then a new Scope of Work shall be prepared and incorporated by reference with this Agreement. 7 Method of Payment: LISA JOHNSON COUNSELING AND CONSULTING, LLC will invoice the City of Meridian Human Resources Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 8 Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City Clerk City of Meridian Attn: Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 LISA JOHNSON COUNSELING AND CONSULTING, LLC 815 South Bridgeway Place Ste 112 Eagle, Idaho 83616 Human Resources Consulting Agreement - LISA JOHNSON COUNSELING AND CONSULTING, LLC — page 2 of 5 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictlyof the essence with respect to each and every term, condition and provision p hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that LISA JOHNSON COUNSELING AND CONSULTING, LLC shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement g g except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, LISA JOHNSON COUNSELING AND CONSULTING, LLC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for Y � examination all of LISA JOHNSON COUNSELING AND CONSULTING, LLC' S records with respect to all matters covered by this Agreement. LISA JOHNSON COUNSELING AND CONSULTING, LLC shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or inp art under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to Human Resources Consulting Agreement - LISA JOHNSON COUNSELING AND CONSULTING, LLC — page 3 of 5 publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of services required hereunder, P LISA JOHNSON COUNSELING AND CONSULTING, LLC shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of LISA JOHNSON COUNSELING AND CONSULTING, LLC's compensation, which are mutually agreed upon by and between the CITY and LISA JOHNSON COUNSELING AND CONSULTING, LLC, shall be incorporated in written amendments to this Agreement. 18. Termination: If, through any cause, LISA JOHNSON COUNSELING AND CONSULTING, LLC, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this yg g Agreement b giving written notice to LISA JOHNSON COUNSELING AND g CONSULTING, LLC of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. LISA JOHNSON COUNSELING AND CONSULTING, LLC may terminate this agreement at any time by giving at least fifteen (15) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by LISA JOHNSON COUNSELING AND CONSULTING, LLC under this Agreement shall, at the option of the CITY, become its property, and LISA JOHNSON COUNSELING AND CONSULTING, LLC shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, LISA JOHNSON COUNSELING AND CONSULTING, LLC shall not be relieved of liability to the CITY for damages sustained by y the CITY b virtue of any breach of this Agreement by LISA JOHNSON COUNSELING AND CONSULTING, LLC, and the CITY may withhold any payments to LISA JOHNSON COUNSELING AND CONSULTING, LLC for the purposes of set-off until such time as the exact amount of damages due the CITY from LISA JOHNSON COUNSELING AND CONSULTING, LLC is determined. This provision shall survive the termination of this agreement and shall not relieve LISA JOHNSON COUNSELING AND CONSULTING, LLC of its liability to the CITY for damages. Human Resources Consulting Agreement - LISA JOHNSON COUNSELING AND CONSULTING, LLC — page 4 of 5 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whetherp revious to the execution hereof or contemporaneous herewith. 21 Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until Pp q approved by the City of Meridian. LISA JOHNSON COUNSELING AND CONSULTING, LLC. Lisa Johnson/ Principal CITY OF MERIDIAN \`` �11tII#IIII#,fir./ Attest: a Mei �`// -9 F a cee o an, City Clerk BEAL C? 0 Human Resources Consulting Agreement - LISA JOHNSON COUNSELING AND CONSULTING, LLC — page 5 of 5 EXHIBIT "A" Scope of Work The City of Meridian wished to conduct training for public works staff to help them attain a better awareness and respect for each others personalities and work towards building a better and more effective Public Works Team. Services Requested The services requested by Lisa Johnson Counseling and Consulting, LLC, will include but will not be limited to the following: Utilize purchased curriculum and design, develop, and customize a facilitator guide, PowerPoint presentation, and worksheets/handouts for the course Emotional Intelligence. Course will utilize experiential learning techniques to engage learners and allow them to practice concepts introduced in the class. Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able to be customized and utilized for different employee groups for training in the area of emotional intelligence. Facilitate the delivery of two course sessions, each 2 hours in length, in March 2011. Dates will be determined by both the City of Meridian schedule and Lisa Johnson Counseling and Consulting availability. Roles and Responsibilities of the City of Meridian • Provide purchased curriculum and information needed to adequately customize the course for your needs. • Provide timely feedback regarding course materials regarding any revisions you wish to be made. • Provide the training goals/objectives. • Provide the training venue (location), copies of course materials, and other training materials (flipchart or white board, LDS Projector — if you would like a PowerPoint slide show to support the class), TV and DVD player. • Provide timely payment of services (within 45 days of the final service) Timeline of Services • Lisa Johnson Counseling and Consulting Services can begin on January 20, 2011 • Submit rough draft of materials to City of Meridian by February 28, 2011 • Submit finalized materials to City of Meridian by March 7, 2011 • Conduct two training sessions (two hours in length each) on March 14, 2011. Cost: Fee Schedule Description of Work Projected Time Spent Fee Customize and develop course materials for 6 hours $75.00 per hour Emotional Intelligence Included customized (total $450.00) Leaders Guide, course outline, participant materials and PowerPoint Presentation. Revise materials — up to two revisions 2 hours No cost Facilitate two course sessions ( 2 hours in length) (2) Two hour course $100.00 per hour sessions total $400.00 dotal Cost: $900.00 ** Project deliverables, timelines, and fees are negotiable. Anticipated hours for this project are: Approximately 12 hours Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 5D PROJECT NUMBER: CUP 10-014 ITEM TITLE: Silver Oaks Apartments Findings of Fact, Conclusions of Law for Approval: CUP 10-014 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 114 Mile West of Ten Mile Road, North of W. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 369 Units on 24.61 Acres in an R-15 Zoning District MEETING NOTES to CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 5E PROJECT NUMBER: MDA 10-011 ITEM TITLE: Silver Oaks Apartments Findings of Fact, Conclusions of Law for Approval: MDA 10-011 Silver Oaks Apartments by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of Ten Mile Road, North of W. Franklin Road Request: Modification to the Development Agreement to Reflect a New Development Plan and Increase in the Number of Residential Units Within the Development MEETING NOTES A ?� yovf-o� I", Cup 10 - Ol q -PY oge e+- .49" CLERKS OFFICE FINAL .ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Pedestrian Easement Between William E. Howell and Mary J. Howell and the City of Meridian MEETING NOTES AWyc;,jc6, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AUA wuNI Y rtwunu fl unristopner u. un AMOUNT .00 i BOISE IDAHO 02116111 01:17 PM RDEPUTY Viid Allen ECORDED cREQUESTOF Meridian City 111014768 PEDESTRIAN EASEMENT THIS AGREEMENT, made and entered into this day of , 2011, between William E. Howell and Mary J. Howell husband and wife, hereinafter referred to as "Grantors", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantors are the owners of a development on which portions of a City of Meridian public sidewalk is located; and WHEREAS, the Grantors desire to grant an easement to the City of Meridian and provide connectivity to present and future portions of the sidewalk; and WHEREAS, Grantors have constructed the sidewalk improvements upon the easement described herein; and NOW, THEREFORE, the Grantors do hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto n and incorporated herein. The easement hereby granted is for the purpose of providing the general public easement for non -motorized pedestrian access to and upon the sidewalk. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said pedestrian sidewalk, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantors, their successors or assigns, shall repair and maintain the sidewalk improvements that are located on or adjacent to Grantor's property on Meridian Road. L\Idaho\Metidian -Meridian PromenadeNeridian Gateway Associates, LLOPedestrian Easement\11-01-06 Pedestrian Easement -Maty and Bill Howell.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: William E. Howell and Mary J. Howell, husband and wife By: William E. Howell By: STa Cou On this 5�` day of , 2011, before me, the undersigned, a Notary Public in and for said tate, personally appeared William E. Howell and Mary J. Howell, known or identified to me to be the Grantors that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NO ARY PUBLIC FOR IIAHO Residing at: �, 'n Commission Expires: L:IdahoWeridian -Meridian Promenade\Mciidian Gateway Associates. LLC\Pedestrian Easement\11-01 A6 Pedestrian Easement -Mary and Bill Howell. doc GRANTEE: CITY OF MERIDIAN 7ldf�5 Tammy de We ayor Attest by Ja a Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) OF SIAL %90 �jsl�O OUNTY \0 On this_�day of g 6r—xa-,j , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. I C- -4A A I NO R PUBLIC IDA O Resi ing at: dt,, 1 b Commission Expires: L'\IdahD\Meiidian - Meridian Promenade\Meridian Gateway Associates, LLCTedestrian Easement%11-01-06 Pedestrian Easement-Meridan Gateway Associates, LLC.doc December 29, 2010 Project No. 110141 Legal Description Howell Sidewalk Easement 10,799 SF. THE LAND GROUP, INC. Exhibit "A" Page 1 of 2 A tract of land being a portion of lots 4 and 5, Block 1 of Medina Subdivision, filed in Ada County, Idaho in Book 100 at Pages 12,948-12,950 and further situated in the Northeast One Quarter of the .Northeast One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at an aluminum cap monumenting the East One Quarter Corner of said Section 24, thence following the easterly line of said Northeast One Quarter, North. 0°37'06" East a distance of 1,896.36 feet to a point which bears South 0°37'06" West a distance of 753.55 feet from a brass cap monumenting the Northeast Corner of said Section 24; Thence leaving said easterly line, North 89°47'00" West a distance of 65.00 feet to a 5/8 -inch steel pin monumenting the southeast corner of said Lot 5, Block 1 of Medina Subdivision and being the POINT OF BEGINNING. Thence following the southerly line of said Lot 5, Block 1, North 89°47'00" West a distance of 20.00 feet to a point; Thence leaving said southerly line, North 00°37'06" East a distance of 440.86 feet to a point on the northerly line of said Lot 4, Block 1; Thence following said northerly line, North 90°00'00" East a distance of 31.27 feet to a 1/2 - inch steel pin monumenting the northeast corner of said Lot 4, Block 1; Thence following the easterly line of said Lot 4, Block 1, and the westerly right-of-way line of South Meridian Road, South 06°06'55" West a distance of 34.11 feet to a 5/8 -inch steel pin; Thence following the easterly lines of said lots 4 and 5, Block 1 and said westerly right-of- way line, South 00°37'06" West a distance of 206.85 feet to a 5/8 -inch steel pin; Thence following said easterly line of Lot 5, Block 1 and said westerly right-of-way line, North 89°22'54" West a distance of 8.00 feet to a brass cap; Thence following said easterly line and said westerly right-of-way line, South 00°37'06" West a distance of 200.26 feet to the POINT OF BEGINNING. i Site Planni,uq • tandscope Archire,', Lure • Civil Engineering •Go!f Course l r trio. ion & Engineering .Graphic Ccrnrnwnicotion .Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939,4445 • www.thelandgroup;nc.com g:\2010\110141\ddmif,'•,legais;1 101229 ho-w,'si;iewalk easement 110141.doc Page 2 of 2 THE LAND GROUP, INC. The above described tract of land contains 10,799 square feet more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 a+ 1246 1) 208-939-4041 208-939-4445 (FAX) ft •tg •!o 01 Site Planning-Li;-dscopeArciulectir, •Civil Engineering •Golf (bursehrigation & Engineering •GraphicCornmunicotion •5urveviog 462 r Shore Drive, 5to. 100, Eagle, Idaho 83616 • P 20 _',.939A041 F 0:,x.')39.4445 s www.thelandgroupinc.com g:\2C10`1,110141\3dmin\Iegals\I 101229 hoavc-!I sideriai : easement 110141.doc Lots 4 & 5, Block 1 of Medina Subdivision situated in a portion �...� of the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 2010 POINT OF I BRASS CAP 8E61NNING ® ALUMINUM CAP • 5/8e STEEL PIN E 1/4 CORNER SECTION 24� O 1/2" STEEL PIN 24 19 ® CALCULATED POINT I — — ` " — — — — — EASEMENT LINE SUBJECT PROPERTY BOUNDARY r — SECTION LINE ENGINEER/SURVEYOR •L6ndscope Architecture 1 Iw► -C1HY Eng/neerinp -Site Piannhy • Cd! Course Irriyotim Engineering Graphic Communication y -Land Surveying 0 162 E Shan lY.. EegN �. BJ616 M-415 r, PROJECT INFORMATION Exhibit "B" Sidewalk Easement Medina Subdivision Scale: 1" = 100' 12/29/10 110141 1 of 1 NE CORNER SECTION 24-\ 13 1 18 2419 N90W00 E W $81D8'S5`W 34.11' I2 I 28'—� Z Lot 4, Block 1 I Medina Subdivision I g I TOTAL SIDEWAU( EASEMENT AREA - 10,799 S.FI f + Q �I 0 (I I n Q �I 20' ---i I) SIDEWALK N89'22'51 8.00' Of Uj EASEMENT M07H VARIES I Uj Lot 5, Block 1 IM iq Vj Medina Subdivision I N89'4roo-W I 20.00' I N89'47100'W Legend 65.00' (TIE, POINT OF I BRASS CAP 8E61NNING ® ALUMINUM CAP • 5/8e STEEL PIN E 1/4 CORNER SECTION 24� O 1/2" STEEL PIN 24 19 ® CALCULATED POINT I — — ` " — — — — — EASEMENT LINE SUBJECT PROPERTY BOUNDARY r — SECTION LINE ENGINEER/SURVEYOR •L6ndscope Architecture 1 Iw► -C1HY Eng/neerinp -Site Piannhy • Cd! Course Irriyotim Engineering Graphic Communication y -Land Surveying 0 162 E Shan lY.. EegN �. BJ616 M-415 r, PROJECT INFORMATION Exhibit "B" Sidewalk Easement Medina Subdivision Scale: 1" = 100' 12/29/10 110141 1 of 1 n. Title: Medina Sub Lots 4 & 5 Sidewalk Easement ED)ate:12-30-2010 Scale: 1 inch = 80 feet File: Tract 1: 0.248 Acres: 10799 Sq Feet: Closure = n1.0.4420w 0.01 Feet: Precision =1/156751: Perimeter= 941 Feet 00 1 =n89,4700w 20.00 004=s06.0655w 34.11 002=n00.3706e 440.86 007=s00.3706w 200.26 003=00-0000e 31,27 005=s00.3706w 206.85 006=n89.2254w 8.00 Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Pedestrian Easement Between Meridian Gateway Associates, LLC and the City of Meridian MEETING NOTES A�p'(O'f -e-d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 BOISE IDAHO 02116111 01:11 PM DEPUTY d Alien RECORDED -REQUEST OF it I I I II I II I II II I I II I IIIII II I II I I I I III Meridian City 111014769 PEDESTRIAN EASEMENT THIS AGREEMENT, made and entered into this L.!�!?day of &8,A-, 2011, between Meridian Gatewgy Associates, LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of a City of Meridian public sidewalk is located; and WHEREAS, the Grantor desires to grant an easement to the City of Meridian and provide connectivity to present and future portions of the sidewalk; and WHEREAS, Grantor has constructed the sidewalk improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing the general public easement for non -motorized pedestrian access to the sidewalk. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said pedestrian sidewalk, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor, their successors or assigns, shall repair and maintain the sidewalk improvements that are located on or adjacent to Grantor's property on Meridian Road. L.-WahoWeridian - Meridian PromenadeNeridian Gateway Associates, LLC\Pedestrian EasementA 1-01-06 Pedestrian Easement-Meridan Gateway Associates, LLC.doc THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Meridian Gateway Associates, LLC By:White-Leasure Development Companv Its: By: T. Vjhite j6f "ti -Leasure Development Company STATE OF IDAHO ) ss County of Ada ) On this —2 -111 -day of r , 2011, before me, the undersigned, a Notary Public in and for said State, pe onally appeared Jason T. White, known or identified to me to be the Manager of the company that executed the within instrument, and acknowledged to me that such company executed the same. , I have hereunto set my hand and affixed my official seal the itten. N ARYPUBLIC FO DiHO Residing at: ,�i�� Commission Expires: L:\Idaho\Meridian - Meridian Promenade\Meridian Gateway Associates, LLC\Pedestrian Easement\11-01-06 Pedestrian Easement-Meridan Gateway Associates, LLC.doc GRANTEE: CITY OF MERIDIAN of k4ic-I Tammy d!�!` d, Mayor C%�pFtPOR,t� �"ay SEAL - Attest �ee, 4C4ityCeler�k�- Approved By City Council On: STATE OF IDAHO ) ss. County of Ada 0,9 ST IS1- .Z. P ; On this\547�3 day of 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,...00 .•cc�iCA 46 - SFisA '• q`���BL14 p � ., til. t��P'.• NO Rrat:" LIC 61A -HO Resi ing P �,,;� ( n Commission Expires:�Q �, �► �_ L:\IdahoWeridian - Meridian PromenadeNeridian Gateway Associates, LLC\Pedestrian Easement\ 1 1-01-06 Pedestrian Easement-Meridan Gateway Associates, LLC.doc December 29, 2010 Project No. 110141 Legal Description Meridian Promenade P1, LLC Sidewalk Easement 8,077 SF. `\ /'//w� ' W, �/ A THE LAND GROUP, INC. Exhibit "A" Page 1 of 2 A tract of land being a portion of Lot 1, Block 1 of Medina Subdivision, filed in Ada County, Idaho in Book 100 at Pages 12,948-12,950 and further situated in the Northeast One Quarter of the Northeast One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at an aluminum cap monumenting the East One Quarter Corner of said Section 24, thence following the easterly line of said Northeast One Quarter, North 0"37106" East a distance of 2,337.54 feet to a point which bears South 0°37'06" West a distance of 312.37 feet from a brass cap monumenting the Northeast Corner of said Section 24; Thence leaving said easterly line, North 90°00'00" West a distance of 53.73 feet to a 1/2 -inch steel pin monumenting the southeast corner of said Lot 1, Block 1 of Medina Subdivision and being the POINT OF BEGINNING. Thence following the southerly line of said Lot 1, Block 1, North 90°00100" West a distance of 31.27 feet to a point; Thence leaving said southerly line, North 00°37'06" East a distance of 249.68 feet to a point on the northerly line of said Lot 1, Block 1 and the southerly right-of-way line of West Overland Road; Thence following said northerly line and said southerly right-of-way line, South 89°47'20" East a distance of 1.59 feet to a 5/8 -inch steel pin; Thence following said northerly line and said southerly right-of-way line, South 41925'00" East a distance of 37.96 feet to a 5/8 -inch steel pin; Thence following said northerly line and said southerly right-of-way line, South 89°22'54" East a distance of 8.00 feet to a 5/8 -inch steel pin monumenting the northeast corner of said Lot 1, Block 1 and being on the westerly right-of-way line of South Meridian Road; Thence leaving said northerly line and said southerly right-of-way line, and following the easterly line of said Lot 1, Block 1 and said westerly right-of-way line, South 00'37'06" West a distance of 182.37 feet to a 5/8 -inch steel pin; Thence following said easterly line and said westerly right-of-way line, South 06°06'55" West a distance of 38.97 feet to the POINT OF BEGINNING. Site Planning *Io0dsCope A,,J iu,ch.ne •Civil Engineering *Golf Course It & Engineering •Graphic Communication •Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com e:\2010\110141\admin\legals\I 101229 meridianpromenade sidewalk easement 110141.doc lr Page 2 of 2 THE LAND GROUP, INC. The above described tract of land contains 8,077 square feet more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 9� w 462 E. SHORE DRIVE, SUITE 100' EAGLE, IDAHO 83616 a` 208-939 1245 c -4041 � 208-939-4445 (FAX) J• /Z •Z9 •/r� Site Planning • Landscape /architecture • Civil Engineering • Golf Course Irrigation & Engineering • Grophiu Communication • Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 . P 203.59:39.4041 F208.939,4445 • www.thelandarouoinc com g:\2010\110141\admin\legals\l 101229 nieridianpromenade sidewalk easement 1110141.doc Lot 1, Block 1 of Medina Subdivision situated in a portion of the Northeast 1/4 of the Northeast 1/4 of Section 24, ^ Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 2010 N 1/4 CORNER SECTION 24 NE CORNER SECTION 24 N89.4Y2o'W 261&71' _ 13 18 W. OVERLAND ROAD 2� 19 S89'47'20'E 1.59' S41'25'00'E I 37.96' ir I Q SO -22'S4 -E O ,�� Z m I Q Lot 1, Block 1 " i i . D i� M Medina Subdivision i 35' 3 I W TOTAL SIDEWALK EASEMENT i AREA = 8,077 S.F I S6106'551 3x97' N90WOVIN N90 00'00'M 31.27' I 53 73' (7IE) POINT OF I I BEGINNING n�N Legend i E 1/4 CORNER I BRASS CAP SECTION 24� ALUMINUM CAP ' .L LAND 24 19 • 5/8" STEEL PIN O 1/2' STEEL PIN ..4 A CALCULATED POINT a 12459 — — — — — — " ` — — EASEMENT LINE SUBCT PROPERTY BOUNDARY q�� if OF a1V ti _ SECTION UNE rL. ENGINEER/SURVEYOR PROJECT INFORMATION Scale: 1" = 100' `\ //r..+ TIB IAM GROUP. WC. +, /AV 4 -landscape An*lt•ctur• n rr 12/29/10 -Cite Engln"'g Exhibit B :site a°"nlny 110141 & rRym•Wtog Sidewalk Easement -L-d Ic C yinq koVon 0'1°.°x'6 Medina Subdivision 1 Of 1 r �-�". tion Title: Meridain Sub Lot 1 Sidewalk Easement Date: 12-30-2010 Scale: 1 inch = 80 feet File: Tract 1: 0.185 Acres: 8077 Sq Feet: Closure = n78.2050w 0.01 Feet: Precision =1/87525: Perimeter = 550 Feet 001=n90.0000w 3 l .27 004=s4! .2500e 37.96 002=n00,3706e 249.68 007=s06.0655w 38.97 005=s89.2254e 8.00 003=s89.4720e 1.59 006=s00.3706w 182.37 Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: $A PROJECT NUMBER: TE 10-034 ITEM TITLE: Jericho Subdivision Continued Public Hearing From January 18, 2011: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat "0 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: $B PROJECT NUMBER: TE 11 -0 11 ITEM TITLE: Baraya Subdivision Public Hearing: TE 11-001 Baraya Subdivision by Dyver Development, LLC Located on South Side of W. Franklin Road Between N. Black Cat Road and N. Ten Mile Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES A-7pt, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Smoke -Free Parks Presentation, Discussion, & Public Hearing MEETING NOTES v�tve_ SJCkou_�o`. ,Bv\r+ ry-l" H&nn&h P,,� J0.�ne t1 �1 eWf 0.vte Conroe V4 C-1 vzalc)P_4 tri Krt app Chtet t_kvf_1 S4 ve. -DevC"za M -P--©4 `B0v*'\y-N V -p- Co 141:�,� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN�-- IDAHd PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION RECOMMENDING THAT CITY COUNCIL DECLARE ALL CITY PARKS TO BE SMOKE FREE PREMISES. WHEREAS, Meridian City Code section 2-2-2(C)(3) charges the Commission with proposing and recommending rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; subject to approval by the Mayor and City Council; WHEREAS, as to the public, Meridian City Code section 6-3-2(A)(7) prohibits smoking on any premises in the City where signage is posted declaring such premises to be "smoke free," and as to City employees, City of Meridian Standard Operating Policy and Procedure no. 7.2 states that smoking shall not be allowed in City parks designated "smoke free"; WHEREAS, cigarettes consumed in City Parks create litter, increase maintenance expenses, diminish enjoyment, and pose health and safety risks to children and others related to ingestion, sanitation, and second-hand smoke inhalation; WHEREAS, Harold Cox Monument, a mini -park located at 33 E. Idaho, is equipped with litter -prevention devices and does not feature amenities designed to attract underage park users; WHEREAS, the Commission finds that generally declaring City Parks to be "smoke free" would be in the best interest of the health, safety, and welfare of park users; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Parks and Recreation Commission hereby recommends that City Council declare all City Parks, exclusive of parking lots therein, to be smoke free premises, except that Harold Cox Monument shall not be declared to be smoke free. Section 2. That the Parks and Recreation Commission hereby recommends that City Council request that the Parks and Recreation Department Director put up signs in all City Parks, exclusive of parking lots therein and Harold Cox Monument, notifying all park users that such premises are smoke free. ADOPTED by the Parks and Recreation Commission of the City of Meridian, Idaho, this 10th day of November, 2010. APPROVED: Creg S ele, President Parks and Recreation Commission RESOLUTION OF PARKS & REc. COMMISSION - SMOKE FREE PARKS PAGE 1 OF t W, V 0 CD 3 cD V a) m CD n O (!) n O pr m 1 MM Mg m Ma O A �D O O CL O O MT 1 0 0 Ln 3 me u n■ r -r CL um 0 0 (A I O _. 3 O :3 u O 0 O 0 cli C: =3 (D pr o- O '< CD n O (D �, � �: 7n CD cn � p o. O � 0- 1in O m 3 O � CD 0 -h �D 3 =3 3 O OUl C _. L Lo =r Lo LQ r* %% =q � O 0 C: 3 �( A O cn n 77 o - CD =- O cD -0 CD v O 1'1 0- Ml 2=11 ; A 0 0 L�O" 0 0 F1 1" m Zoo Ln 0 0 NO O N I—q C)� v 0 CD �' o o 0 D U � O cD 27 < <p T rr < 3 3 0 O o Ln �. 3 vo T Ln .-,.0 z c� 0 W Un 3 O 77 rD rD =i O i vsv_m 0 2��� f -M Z� 0 (D O r"h 0- Cn O cn O C O 0- 3 � �. 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C 0 cD n CD —. x O x CD -n-. CD r -r LO _ . cn CD O Lo � O :3-1 CD CQ rt CD ' 0; W 77 n co O cn co 0- � =3 CD un w X CD O rt O CL M 0 X m A MT m O n O Ul O ID CD O ID O W o N 5. U I m m (JI 50 nD o v 3 3 < FCD Q O O nCD o 0 M 3 W CD O p G) CD c,n- _� • --, O 0-11_ W CCDD CD W �rn� pCLo CD .p n v w O CD Tobacc kw Recrea Areas Promote Health! ee Parks are for everyone, right? Parks are built to promote healthy activities and improve the quality of life for community members. Tobacco -free policies promote good health. Tobacco -free environments show a community's support for the health, safety and welfare of community members. Tobacco4ree policies help establish a community norm that says tobacco use is not an acceptable behavior for young people or adults. When children see adults smoking in a family place like a park, they think smoking is acceptable and are more likely to copy the behavior. Tobacco4ree policies help reduce litter. Cigarette filters aren't biodegradable — they'll stay around for a long time unless picked up. What's the big fuss about? Cigarette litter is dangerous. Discarded cigarettes pollute land and water. Worse, yet, cigarette butts can be eaten by children, pets and wildlife. Ingesting cigarettes is hazardous! Secondhand smoke harms everyone. The 2006 Surgeon General's Report on secondhand smoke concluded that secondhand smoke is a human cancer causing agent. The U.S. Environmental Protection Agency states that there is no safe level of secondhand smoke. Secondhand smoke is harmful in outdoor settings, too. Studys show that secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor spaces where smoking is permitted. Local governments can enact policies to restrict tobacco Neither federal nor state law prohibits local governments (cities, counties, etc.) from regulating tobacco use outdoors. An ordinance is a local law, generally passed by a legislative body (city council) and signed by a city executive (mayor�,'and then enforced by local police and district attorneys. Violating an ordinance can result in a fine. Won't policies and laws keep peopic from . parks? prohibitTobacco-free policies are similar to ones that alcohol use,, littering and pets off ® Each one of these policies are established to protect the health and safety of all citizens. CENTRAL Central District Health Department DISTRICT 707 North Armstrong Place HEALTH Boise, ID 83704-0825 DEPARTMENT 208-375-5211 FAX: 208-327-8610 www.cdhd.idaho.gov Tobacco use is the single most important risk factor for cancer incidence and mortality.' Cancer is the leading cause of death in Idaho and lung cancer is the leading cause of cancer -related death for both men and women.' Cigarette smoking increases the risk for many types of cancer.' Cancer-causing agents (carcinogens) in tobacco smoke damage genes that control the growth of cells, causing them to grow abnormally or to reproduce too rapidly.' Incidence of Tobacco -Related Cancers by Health District (2007)' Cancer Bladder HDI 74 HD2 32 HD3 40 HD4 56 HD5 30 HD6 19 HD7 34 Totals 285 Cervix 4 1 8 14 5'`'' 1 2 35 Colorectal 108 55 108 153 70 63 47 604 Esophagus 15 1 12 18 13 _ 10 3- 72 Kidney 36 19 38 56 25''' 20 21 215 Larynx 8 3 7 12 9' 2 7 48 Lung 147 ' 72 138 210 104'. 59 64 794 Oral Cavity/ Pharynx 32 11 25' 43 21=' 15 a''6 163 Pancreas 26 16 26 37 34' 14 14 167 Total by HD 450 210 402 599.1 l .i,; 203 208 2,383 To see which counties fall in each Health District see the back side of this sheet Morbidity & Mortality Tobacco use is the leading preventable cause of disease and premature death in the U.S., resulting in an estimated 438,000 (1 in 5) premature deaths annually.$ Approximately: • 2.4 million cases of tobacco -related cancer were diagnosed during 1999-2004 in the U.S.' • 30% of cancer deaths, including 87% of all lung cancer deaths, are attributable to tobacco use.' • 1,500 Idahoans die each year from smoking .6 • 5,805 people died from lung cancer from 2000-2009. Of these, 3,247 were male and 2,558 were female .2 • • • • ' - • - • • - Goals of CCAI Join us in the efforts to: Bladder Tobacco consumption has been associated with a 2 to 5 fold higher incidence of bladder cancer.' • Decrease the incidence of preventable cancers Cervix Exposure to cigarette smoke is a known risk factor for cervical cancer.' • Decrease preventable cancer deaths • Improve the quality of life for people in (olorectal Cigarette smoking is significantly associated with colorectal cancer incidence and Idaho affected by cancer mortality.' Call to Action Esophagus Reductions in smoking and smokeless tobacco use could prevent many of the new You are invited to: cases and deaths from esophageal cancer occurring annually! • Support evidence -based policy and Kidney Smokers are at twice the risk of developing kidney cancer as non-smokers.' legislative solutions designed to eliminate tobacco as a major health problem Larynx The combination of alcohol and tobacco use increases the risk of laryngeal cancer.' Adopt the appropriate tobacco -related goals, objectives, and strategies from Lung Lung cancer is the leading cause of cancer death, and cigarette smoking causes most the Idaho Comprehensive Cancer Strategic Plan and Tobacco Free cases.7 Idaho Alliance (TFIA) Strategic Plan as priorities for your organization Oral Cavity/ Reductions in the number of people who use tobacco products could prevent most of Become a champion for effective Pharynx the new cases and deaths from oral cavity and pharynx cancers annually! tobacco prevention and cessation programs, which support tobacco -free Pancreas Pancreatic cancer is more common among smokers than non-smokers.' lifestyles Bounden • Refer friends, family, coworkers, and References employees to cessation programs and Benner 1. Annual Report of the Cancer 4. Behavioral Risk Factor services Data Registry of Idaho. Cancer Surveillance System. Results • Join CCAI and the TFIA and work in Idaho 2007. December 2009. from the 2009 BRFSS. Idaho toward a tobacco -free and healthier K ilot al Available at www.idcancer.org. Behavioral Risk Factors. Idaho 2. Bureau of Vital Records and 5. Youth Risk Behavior Survey. B newa Shoshun Health Statistics. Idaho Dept. of 2009. Information & Resources Latah Health & Welfare. Sept. 2010. b. Toll of Tobacco in Idaho. Clearwater Campaign for Tobacco Free Comprehensive Cancer Alliance ez e 3. Centers for Disease Control. Kids. Available at http://www. Smoking &Tobacco Use. for Idaho wi tobaccofreekids.org/reports/ d ~ o r Available at http://www.cdc. settlements/toll.php?StatelD=1D. www.ccaidaho.org ccai@teamiha.org gov/tobacco/basic_information/ g health effects/cancer. 7. The Health Consequences Cancer Data Registry of Idaho of Smoking: A Report of the Surgeon General. May 27, 2004. www.idcancer.org Lemhl x B. Centers for Disease Control rl " MMWR. Sept. 5, 2008. Idaho Comprehensive Cancer Control Program hi �f Caster Clark Surveillance for Cancers 208-332-7344 Fremon Associated with Tobacco Use. U.S. r « 1e arson 1999-2004. M T on Tobacco Cessation Resources SO Butte 1 -800 -Quit Now Bonneville Blaine www.idaho.qu,itnet.com `Binaharn Is Secondhand Smoke Safe to Breathe Outdoors? Introduction Knowledge about the dangerous chemicals contained in secondhand smoke, along with their deadly consequences for smokers, has been well established for decades. We also know that the secondhand smoke breathed in by non-smokers from the burning end of a lit tobacco product or exhaled from a smoker's lungs contains essentially the same dangerous chemicals and is therefore also very unhealthy to breathe. The volume of scientific evidence showing that secondhand smoke causes serious illness and death in adults and children has grown to a level where in 2006, the U.S. Surgeon General called it massive, conclusive and indisputable. As a result, more and more people in the United States (and throughout the world) are taking action to eliminate people's exposure to secondhand smoke, in order to protect everyone's health. Most of these actions have been through the elimination of indoor smoking in homes, cars, worksites and other public places. To a lesser degree, smoking restrictions are being adopted for outdoor settings. Background What does the scientific evidence say about breathing secondhand smoke outdoors? While the amount of research conducted on secondhand smoke in outdoor settings is not as vast as that completed in indoor environments, the research findings are showing similarities. The California Air Resources Board(l) measured secondhand smoke concentrations in a variety of outdoor locations at airports, colleges, government centers, office complexes and amusement parks They found that when smoking occurs in these settings, people could be exposed to levels of secondhand smoke that is comparable to indoor concentrations where smoking is permitted. In another study(2), where measurements were conducted when active smoking was taking place at outdoor patios, sidewalks and parks, similar results were observed. One of the researchers stated that this type of outdoor tobacco exposure should not be dismissed as trivial. Measuring Secondhand Smoke A common measure of air quality in detecting secondhand smoke pollution is particulate matter (PM). PM 2.5 is air particles that have a diameter of smaller than 2.5 microns. Particulates of this size are easily inhaled deep into the lungs. The U.S. Environmental Protection Agency (EPA) has set air quality index levels and corresponding health advisory descriptors, based upon PM 2.5 measurements. PM 2.5 AQI Break Points microns/cubic meter Air Quality Index A I Health Advisory Descriptor 0.0-15.4 0-50 15.5-40.4 51-100 Moderate 40.5-65.4 101-150 Unhealthy for Sensitive Groups 65.5-150.4 151-200 for Everyone 150.5 — 250.4 —Unhealthy 201-300 Very Unhealthy 250.5 — 350.4 301-400 Hazardous 350.5 — 500.4 401-500., Ve Hazarclou ,..,r A Canadian study(3) measured secondhand smoke levels on outdoor hospitality patios (restaurants/bars). Measurements were taken at three different locations, with some variation in dimensions and structure. The most significant difference was the number of smoking customers. The location with the greatest number of smokers resulted in average PM 2.5 levels of 102 (unhealthy for sensitive groups) and peak levels of 660 (very hazardous+). A study conducted at one of the University of, Maryland campuses(4) measured the distance from the source of secondhand smoke in which PM 2.5 can be detected. Previous studies found that odor detection can occur at 1 micron/cubic meter and irritation begins at 4 microns/cubic meter. In this study, odor was detectable at 7 meters (23 feet) from the source and irritation levels began at 4 meters (13 feet). The study also found that anyone positioned downwind from an outdoor source of secondhand smoke is going to be exposed to secondhand smoke, even at significant distances from the source. People who are positioned upwind should be at. least 25 feet from any outdoor source, in order to minimize the risk of breathing the unhealthy chemicals found in secondhand smoke. Conclusions These studies should begin to dispel the common misperception that outdoor secondhand smoke immediately dissipates into the air and, therefore does not pose a health risk. The dangerous composition of chemicals in smoke is essentially the same — indoors or outdoors. If a person smells secondhand smoke in any setting, they are breathing it into their lungs. The risk of secondhand smoke exposure outdoors appears to be related to both dosage and proximity to the source: a person in close proximity to the source of the secondhand smoke or a person in an area with a high concentration of secondhand smoke would be most likely to be at risk in outdoor settings. Action Steps We are beginning to see more policies established to protect people from secondhand smoke exposure in outdoor settings, as has occurred previously at indoor settings. Restrictions are beginning to be placed on smoking in such places as: ■ Parks ■ Trails ■ Playgrounds ■ Beaches ■ Zoos ■ Patios ■ Building Entrances ■ Ball Fields ■ Skate Parks ■ Bus Stops ■ Street Dances ■ Festivals ■ Amusement Parks ■ Fair Grounds ■ Water Parks ■ Stadiums ■ Rodeo Arenas ■ Picnic Shelters By eliminating smoking at these types of outdoor settings, people are receiving protection from the health consequences of secondhand smoke exposure, just as they have come to expect to receive this type of protection indoors. References (1) CARB. (2003). "Technical Support Document for the Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant: Part A," Technical Report. California Environmental Protection Agency, California Air Resources Board, Office of Environmental Health Hazard Assessment, Chapter 5, pp. V6 -V19. (2) Klepeis NE, Ott WR, Switzer P. (May 2007). "Real -Time Measurements of Outdoor Tobacco Smoke Particles." Journal of Air & Waste Management Association, Vol. 57. (3) Kennedy RD, Sendzik T., Elton -Marshall T., Hammond D., Fong G. (2006). "Tobacco Smoke Pollution in Outdoor Hospitality Settings." University of Waterloo, Canada. Presented at the 13th World Conference on Tobacco OR Health 2006. (4) Repace, J. (2005). "Measurements of Outdoor Air Pollution from Secondhand Smoke on the UMBC Campus." www.repace.com Sept. 2007 Smoke -Free Park Policy Evidence of Public Support In Ada County: • 62% City of Meridian Survey responses supported smoke-free parks. City of Meridian 2010 Citizen Survey • 275 "YES" to smoke-free park policy and 10 "NO" Signatures on Informal Petition Banners 9/18/10 Meridian Block Party at Settlers Park • 68% Ada County survey responses supported tobacco -free city parks. 85% supported tobacco -free playground areas within parks. Central District Health Dept Community Tobacco Survey, 2010 754 surveys at 5 venues within Ada County • 58% of Boise residents recommend the City of Boise ban smoking in city parks & facilities. Boise Parks & Recreation 2009 Comprehensive System Plan Survey In Idaho: • More than half of Idahoans surveyed support smoke-free outdoor areas, especially when children are present. Department of Health and Welfare 2009 • 78% of South Central Public Health District Survey responses supported tobacco -free parks. South Central Public Health District, June 2010 • 80% of North Central Public Health District Survey responses supported tobacco -free parks. North Central Public Health District, August 2010 In United States: 79.2% supported "Smoking should not be allowed at all in outdoor children's playgrounds/sports fields." Tobacco Use Supplement to the Current Population Survey (TUS-CPS) U.S. National Institutes of Health. Surveyed: 167,046; 2006-07 G:\W0RDD0CS\Tobacco\2010-2011 Grant\ARRA-Parks\Community Tob Survey\2-15-10 Summary Survey Responses Ada, 11), US.doc2/15/2011.jg CENTRAL CP,= • DISTRICT WHEAETH DEPARTMENT Community Tobacco Survey April 6 — September 23, 2010 N= 754 Tobacco use should be prohibited (not allowed) in the followina Dlaces: TOTALS — 5 venues* Strongly Disagree Disagree g Neither agree nor disagree Agree Strongly q ree g Parks 14% (105) 6% (45) 12% (88) 8% (62) 60% (454) Playgrounds 9% (67) 2% (11) 4% (31) 4% (32) 81% (613) Outdoor sports facilities 12% (94) 5% (35) 17% (126) 9% (67) 57% (432) Skateboard/bike parks 10% (74) 3% (26) 8% (61) 13% (99) 66% (494) Hiking/biking paths 13% (95) 7% (51) 14% (107) 8% (62) 58% (439) Picnic grounds 10% (74) 5% (37) 13% (94) 9% (71) 63% (478) How often do you visit a Boise Once week Once Onceear y Skipped or Meridian Park? 24% (183) month Total: <1% Total: 56% (426) 32% (239) 10% (77) 2% (12) Where do you live? Boise or Meridian Within 20 miles of Over 20 miles from Total: 70% (529) 24% (183) 4% (32) Age 6 —10 11-17 18-24 25-39 40-50 51+ Skipped Total: <1% 15% 12% 43% 19% 9% 1%(6) (2) (115) (91) (327) (142) (70) Ever been bothered by secondhand smoke while in a Boise or Meridian City Park? N'-726 Yes Total: 43%(314) *Survey venue/dates/(number) Baby Steps Program 4/6, 4/15, 9/23 (39) Boise Hawks Fan Fest 5/7/10 (161) Meridian Speedway 7/10/10) (265) Meridian Settlers Park Movie Night 8/6/10 (67) Meridian City Rec Softball Bear Creek Park 8/23-26/10 (222) G:\W0RDD0CS\Tobacco\2010-2011 Grant\ARRA-Parks\Community Tob Survey\CDHD Survey Results Apr 2010 - Sept 2010.doc10/21/2010.jg Enfoming and Publicizing Youirr, Tobacco -Free Park Policy A well-publicized policy informs park users about the reasons why the policy has been adopted and helps enforce the policy by reducing violations. Post Signs Let Community Members 2• e Know About the Policy The most important way to publicize your tobacco -free policy is by posting signs. If you have not done so already, contact Central District Health Dept. to : ,N,,, order your FREE metal tobacco -free signs. The following locations are suggested places for posting your tobacco -free signs: • Fencing around playgrounds and fields • Backstops • Picnic shelters • Restrooms • Concession stands • Parking lot entrances • Lifeguard stands • Hiking trail entrances 3' Ask for Assistance! • Central District Health Department 707 N Armstrong Place Boise ID 83704-0825 (208) 375-5211 FAX: (208) 327-8610 www.cdhd.idaho.gov In addition to posting signs, park and recreation staff has used a variety of means to educate citizens about their tobacco free policies: • Staff notification of the new policy and setting procedures for handling violations. • Bookmarks or small notification cards explaining the policy distributed by park staff or community members to park users. • Articles in a local or regional newspaper, as the result of a news release or reporters' coverage of city council meetings. • Park and recreation department and city newsletters. • Recreation program brochures, catalogs, and announcements. • Rulebooks or policy statements that are distributed to sports league administrators, coaches, officials, parents, and participants. • Other fact sheets or educational articles about tobacco and secondhand smoke distributed at coaches' meetings, in mailings, or through newsletters. • Postings on the recreation department's or city's website. • Public address announcements at recreation events. Or public service announcements on local radio stations or public access cable channels. • Kick-off celebration or community event with tobacco -free pledges, activities, etc. Potential dates for this event: Spring — Kick butts Day; May 31— World No Tobacco Day; Thursday prior to Thanksgiving -Great American Smoke Out. Please note: computer artwork files are available from CDHD for the tobacco free sign image. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE February 15, 2011 ITEM # PROJECT NUMBER PROJECT NAME Smoke -Free Parks PLEASE PRINT NAME FOR AGAINST #EUTRAL v2T�ONTGo/�Y IN� ? 2091 u pJ- C,IT°1;'.ERf"S, 0FFIGE: Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Resolution No. 10-759: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Adopting The Recommendation Of The Meridian Parks And Recreation Commission That City Parks Be Generally Declared To Be Smoke Free Premises; And Providing An Effective Date MEETING NOTES oppyovtc\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I n - 3M BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING THE RECOMMENDATION OF THE MERIDIAN PARKS AND RECREATION COMMISSION THAT CITY PARKS BE GENERALLY DECLARED TO BE SMOKE FREE PREMISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 10, 2010, the Meridian Parks and Recreation Commission did unanimously vote to recommend to the Mayor and City Council that all City Parks, exclusive of parking lots therein and Harold Cox Monument, be declared and posted smoke free premises; WHEREAS, as to the public, Meridian City Code section 6-3-2(A)(7) prohibits smoking on any premises in the City where posted signage designates such premises "smoke free," and as to City employees, City of Meridian Standard Operating Policy and Procedure no. 7.2 states that smoking shall not be allowed in City parks that are designated "smoke free"; WHEREAS, cigarettes consumed in City Parks create litter, increase maintenance expenses, diminish enjoyment, and pose health and safety risks to children and others related to ingestion, sanitation, and second-hand smoke inhalation; WHEREAS, Harold Cox Monument, a mini -park located at 33 E. Idaho, is equipped with litter -prevention devices and does not feature amenities designed to attract underage park users; WHEREAS, the Mayor and City Council find that generally declaring City Parks to be "smoke free" would be in the best interest of the health, safety, and welfare of park users; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That all City Parks, exclusive of parking lots therein, are hereby declared to be smoke free premises, except that Harold Cox Monument shall not be smoke free. Section 2. That the Parks and Recreation Department Director is hereby directed to post signs in all City Parks, except Harold Cox Monument, notifying park users that such premises, exclusive of parking lots therein, are smoke free. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this t 5 - day ofd, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this )5 day of F26 2011. ATTEST: Ja RESOLUTION DECLARING CITY PARKS SMOKE FREE, PREMISES Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: Mayor's Office: Ordinance No. 11-1472A (To Replace Ordinance No. 11-1472): Updates to Title 2, Meridian City Code Regarding the Traffic Safety Commission and Planning & Zoning Commission MEETING NOTES a a --,y N'41 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 11-1472A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-3-3, REGARDING MEMBERSHIP ON THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-3-5, REGARDING MEETINGS OF THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-4-3, REGARDING MEETINGS OF THE PLANNING AND ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that the objectives of the traffic safety commission, as set forth in Meridian City Code, would best be served by a membership that includes ten individuals to represent diverse aspects of the community as enumerated below; and WHEREAS, the Traffic Safety Commission and Planning and Zoning Commission now meet in Meridian City Hall, located at 33 East Broadway Avenue, Meridian, Idaho; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 2-3-3 is amended as follows: A. Membership: 1. The traffic safety commission shall consist of up to nine (9) members. 2. Members of the traffic safety commission shall be appointed by the mayor and approved by the city council on a vote of a majority of the city council members, and traffic safety commission members may, in like manner, be removed. 3. All members of the traffic safety commission and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the traffic safety commission to properly transact and attend to its business. The budget for traffic safety commission equipment and supplies shall be provided for through the Meridian police department budget. B. Qualifications: Members of the traffic safety commission shall be seleeted ftem the fell include the followini?: one city staff member specializing in transportation issues; one Ada County highway district (ACRD) representative; one Meridian police department representative; the city attorney or designee; one individual designated to represento� uth and four (4) Meridian citizens. The four (4) Meridian citizens should, if possible, represent different areas of Meridian: Old Town, northwest Meridian (from west of Meridian Road to Black Cat Road and north of the interstate to Chinden Boulevard, excluding Old Town), northeast Meridian (from east of Meridian Road to Eagle Road and north of the interstate to Chinden Boulevard, excluding Old Town), and south Meridian (from south of Interstate 84). One position fflay be desibto represent'iT,„ eh ec+nnnrsJr-ii--Pm}ber- may be, csrthe miic-vr TITLE 2 UPDATE PAGE 1 OF 4 . One Joint School District 2 administrator or designee may be appointed to serve in an ex -officio non-voting capacity. C. Terms: Each traffic safety commissioner shall serve a term of three (3) years, provided that the youth member shall be appointed to a term of one year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the mayor, with confirmation by the city council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. Section 2. That Meridian City Code section 2-3-5 is amended as follows: 2-3-5: MEETINGS: The Traffic Safety Commission shall convene regular meetings at Meridian peliee depai4mepA-, 40 East Wale e Avenmue, Meridian City Hall, 33 East Broadway Avenue Meridian, Idaho, each month at three forty five o'clock (3:45) p.m. on the third Tuesday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. Section 3. That Meridian City Code section 2-4-3 is amended as follows: 2-4-3: RULES, RECORDS, AND MEETINGS: A. Adoption of bylaws: Written organization papers or bylaws consistent with this code and other laws of the state for the transaction of business of the commission may be adopted. B. Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. C. Meetings: The regular meetings of the planning and zoning commission of the city shall be held at the Mewd a l t 33 t Idaho 7 Meridian City Hall, 33 East auauai vi Broadway Avenue, Meridian Idaho on the first and third Thursday of each month at seven o'clock (7:00) p.m. of said days. If the said first or third Thursday of any month is a holiday, the meeting shall not be held on that Thursday but shall be held the following Thursday at the same hour and place. All meetings and records shall be open to the public. A majority of the voting members of the commission shall constitute a quorum. Section 4. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. TITLE 2 UPDATE PAGE 2 OF 4 Section 5. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 15th day of February, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 15th day of February, 2011. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk TITLE 2 UPDATE PAGE 3 OF 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 11 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-3-3, REGARDING MEMBERSHIP ON THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-3-5, REGARDING MEETINGS OF THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-4-3, REGARDING MEETINGS OF THE PLANNING AND ZONING COMMISSION AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, 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. 11 - 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. 11- 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 , 2011. William. L.M. Nary City Attorney TITLE 2 UPDATE PAGE 4 OF 4 Meridian City Council Meeting DATE: February 15, 2011 ITEM NUMBER: 10 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES CIO -6111'-A- r1 mores IV -,CPO � &-CK (2� &- CUS LO l 40 6e_ -7mv.d eA wi c A ve�vtcf cDoutA be acc c: ►vtsp tis+-te�i e � �-t �e� Fir go In ©v CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS