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2011-04-19E IDI~-.N tDAH~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 19, 2011 at 7:00 PM 1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by Keith Hardy with the LDS Church (Pg. 1-2) 4. Adoption of the Agenda (Pg. 2) 5. Consent Agenda (Pg. 2-4) A. Approve Minutes of April 5, 2011 City Council Pre-Council Meeting B. Approve Minutes of April 5, 2011 City Council Regular Meeting C. Findings for Approval: MDA 11-002 Meridian Town Center by. Meridian CenterCal, LLC Located at Northeast Corner of E. Fairview and N. Eagle Road Request: Amend the existing Development Agreement (Instrument #108131103)to Include an Updated and Expanded Development Plan and Minor Edits to the Text of the Agreement D. Development Agreement for Approval: RZ 10-004 Waverly Place by Robert Mortensen, Mountain West Entrust IRA/FBO Located at 2150 E. Magic View Drive: Request: Rezone of 5.17 Acres of Land from L-O (Limited Office) to R-8 (Medium Density Residential) Zone E. Farm Lease between City of Meridian and Bryan Burrows to manage approximately 20 acres of land owned by the City and located on West Cherry Lane between North McDermott Road and North Black Road in Ada County, Idaho F. Resolution No. A Resolution Adopting the Budget Policy for the City of Meridian Meridian City Council Meeting Agenda -Tuesday, April 19, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Resolution No. A Resolution Adopting the Investment Policy for the City of Meridian 6 H. Resolution No. A Resolution Approving a Lease Agreement Between the City of Meridian and Bryan Burrows for Approximately 20 Acres of Land Owned by City and Located on West Cherry Lane Road between North McDermott Road and North Black Cat Road, in Ada County Idaho; I. Resolution No. CPAT 11-001 Comprehensive Plan Revamp by City of Meridian Planning Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following: 1) Adoption of the 2010 Existing Conditions Report as an Addendum to the Plan; 2) Updates to the Text of the Plan; 3) Changes and Additions to the Goals, Objectives and Action Items Contained in the Plan AND 4) A Complete Reformat of the Plan J. Approval of 2011-2012 Beer, Wine, Liquor Renewals as follows: Strikers 24 S. Meridian B/VU/L Wingers An American Diner 1701 E. Fairview Ave. B/W Qdoba Mexican Grill # 473 3068 Overland Rd. B/W Qdoba Mexican Grill # 474 3319 N. Eagle Rd. B/W Pizza Hut # 2165 675 S. Progress B Pizza Hut # 2166 1752 W. Cherry Lane B Ling & Louie's Asian Bar & Grill 3210 E. Louise Dr. B/W/L Winco Foods #48 1050 S. Progress B/W Brewforia Beer Market 3030 E. Overland Rd #100 B/W The Curb Bar & Grill 1760 S. Meridian Rd #100 B/W/L Meridian Speedway 335 S. Main St. B/W Louie's Pizza & Italian Restaurant 2500 E. Fairview B/W/L Flatbread Community Oven 830 N. Main St. Ste A B/W Red Robin 1475 N. Eagle Rd. B/W/L Bill & Lynns BB 229 W. Franklin Rd. Ste 101 B/W/L Tobacco Connection #25 450 S. Meridian Rd. B/W/L Community Items/Presentations A. Environmental Excellence Award Presentation to Citi Cards by the City of Meridian and Public Works Employee Recognition (Pg. 4) B. Continued Public Hearing From April 5, 2011: Precious Metal Dealers Ordinance (Pg. 4-45) Meridian City Council Meeting Agenda -Tuesday, April 19, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Second Reading of Ordinance No. 11-1479: Precious Metal Dealers (First Reading on April 5, 2011) (Pg. 45) 7. 8. 9. 10. 11 Items Moved From Consent Agenda (Pg. 45) Action Items A. Public Hearing: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations (Pg. 45-46) Department Reports A. Mayor's Office: Resolution No. A Resolution Re- Appointing John Gonzales to the Police Seat of the Meridian Traffic Safety Commission (Pg. 46-47) B. Continued from April 12, 2011 -Planning Department: Cost Share and License Agreements with Ada County Highway District (ACHD) for the Landscaping and Maintenance Associated with the Ustick, Duane to Campton and the Franklin, Ten Mile to Linder Roadway Projects (Pg. 47-49) C. Planning and Legal Department Joint Report: Cost Share Agreement Discussion (Pg. 49-51) Ordinances A. Ordinance No. ZOA 11-001 Unified Development Code (UDC) Text Amendment by City of Meridian Planning Department Request: Amend the Text of Certain Sections of the UDC to Include General Clarifications /Clean-Up Items; Standards for Pathway Lighting Along the Eagle Road Corridor; and Allowance fora Council Waiver of Certain Stormwater Integration Standards (Pg. 51-52) B. Ordinance No. RZ 10-004 Waverly Place by Robert Mortensen, Mountain West Entrust IRA/FBO Located at 2150 E. Magic View Drive: Request: Rezone of 5.17 Acres of Land from L-O (Limited Office) to R-8 (Medium Density Residential) Zone (Pg. 52-53) Future Meeting Topics (Pg. 53) Meridian City Council Meeting Agenda -Tuesday, April 19, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Cit Council Meetin Aril 19 2011 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesda ,Aril Y p 19, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Sonya Watters, Warren Stewart, John Overton, Jeff Lavey, Bill Johnson, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. _X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Welcome to the Meridian City Council meeting. We appreciate your patience. We will go ahead and get tonight's meeting started. For the record it is Tuesday, April 19th. It's three minutes after 7:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.} Item 3: Community Invocation by Keith Hardy with the LDS Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Keith Hardy with the LDS church. We will ask you to, please, join us in the community invocation or take this an opportunity for a moment of reflection. Thank you for joining us. Hardy: Our dear Father in Heaven, we come together this day in this Meridian City Council and in so doing we give thee thanks for our many blessings that we enjoy, particularly living in Meridian, and for the blessings it provides in raising families and we thank thee for our state and for all those that are in positions in our state which allow us to have this organization. We thank thee for the blessings of living in this country and for the freedoms it provides. At this time we ask for thy blessing upon this Council that people will be able to share their feelings and that decisions will be made that will be good for the whole entire community. We ask these to bless those that are here today on the City Council and thank them for their service. And at this time as we begin we Meridian City Council April 19, 2011 Page 2 of 53 ask thy blessing upon all those in our beautiful City of Meridian, all those that are citizens of it, and we say this in the name of Jesus Christ, amen. De Weerd: Sir, I would like to offer you a City of Meridian pin. I think this is the first time you have joined us. Thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple items to note on tonight's agenda. Under the Consent Agenda, 5-F, that resolution number is 11-781. 5-G is resolution number 11-782. 5-H is resolution number 11-783. 5-I is resolution number 11-784. Under Item 5-J, approval of the beer and wine liquor renewals, under Tobacco Connection No. 5, that is a beer and wine license renewal only. Under Item 6, Community Items/Presentations, 6-A, there is a request to continue this item to April 26th. Under Item l -- I'm sorry. Item 8, Action Items, 8-A, there is a request to continue that to April 26th. Under Item 9, Department Reports, 9-A, is resolution number 11-785. Under Item 10. Ordinances, 10-A, there is a request to continue that to April 26th. Under Item 10-B, that ordinance is number 11-1481. So, those are all the changes, Madam Mayor, so I move adoption of the agenda as presented. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as changed. All those in in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of April 5, 2011 City Council Pre-Council Meeting B. Approve Minutes of April 5, 2011 City Council Regular Meeting C. Findings for Approval: MDA 11-002 Meridian Town Center by Meridian CenterCal, LLC Located at Northeast Corner of E. Fairview and N. Eagle Road Request: Amend the existing Development Agreement (Instrument #108131103)to Include an Updated and Expanded Development Plan and Minor Edits to the Text of the Agreement Meridian City Council April 19, 2011 Page 3 of 53 D. Development Agreement for Approval: RZ 10-004 Waverl Y Place by Robert Mortensen, Mountain West Entrust IRAIFBO Located at 2150 E. Magic View Drive: Request: Rezone of 5.17 Acres of Land from L-0 (Limited Office) to R-8 (Medium Density Residential) Zone E. Farm Lease between City of Meridian and Bryan Burrows to manage approximately 20 acres of land owned by the City and located on West Cherry Lane between North McDermott Road and North Black Road in Ada County, Idaho F. Resolution No. 11-781: A Resolution Adopting the Budget Policy for the City of Meridian G. Resolution No. 11-782: A Resolution Adopting the Investment Policy for the City of Meridian H. Resolution No. 11-783: A Resolution Approving a Lease Agreement Between the City of Meridian and Bryan Burrows for Approximately 20 Acres of Land Owned by City and Located on West Cherry Lane Road between North McDermott Road and North Black Cat Road, in Ada County Idaho; I. Resolution No. 11-784: CPAT 11-001 Comprehensive Plan Revamp by City of Meridian Planning Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following:1) Adoption of the 2010 Existing Conditions Report as an Addendum to the Plan; 2) Updates to the Text of the Plan; 3) Changes and Additions to the Goals, Objectives and Action Items Contained in the Plan AND 4) A Complete Reformat of the Plan J. Approval of 2011-2012 Beer, Wine, Liquor Renewals as follows: Strikers 24 S. Meridian BIWIL Wingers An American Diner 1701 E. Fairview Ave. BIW Qdoba Mexican Grill # 473 3068 Overland Rd. BIW Qdoba Mexican Grill # 474 3319 N. Eagle Rd. BIW Pizza Hut # 2165 675 S. Progress B Pizza Hut # 2166 1752 W. Cherry Lane B Ling & Louie's Asian Bar & Grill 3210 E. Louise Dr. BIWI L Winco Foods #48 1050 S. Progress BNV Brewforia Beer Market 3030 E. Overland Rd #1 00 B1W The Curb Bar & Grill 1760 S. Meridian Rd #100BIWIL Meridian Speedway 335 S. Main St. BIW Meridian City Council April 19, 2011 Page 4 of 53 Louie's Pizza & Italian Restaurant 2500 E. Fairview BNVIL Flatbread Community Oven 830 N. Main St. Ste A B1V11 Red Robin 1475 N. Eagle Rd. BIWIL Bill & Lynns BB 229 W. Franklin Rd. Ste 101 BIWIL Tobacco Connection #25 450 S. Meridian Rd. BIW De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to repeat a few items on the Consent Agenda. Number 5 is Resolution No. 11-781. 5-G is Resolution No. 11-782. 5-H is Resolution Number 11-783. 5-I is Resolution No. 11-784. And under 5-J, the beer, wine, liquor renewals, Tobacco Connection No. 25 is a beer and wine license renewal only. So, with that, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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. Item 6: Community ItemslPresentations A. Environmental Excellence Award Presentation to Citi Cards by the City of Meridian and Public Works Employee Recognition De Weerd: Item 6-A has been requested to continue to April 26th. The representatives are out of town, so we will move those to that agenda. B. Continued Public Hearing From April 5, 2011: Precious Metal Dealers Ordinance De Weerd: And so we move to Item 6-B, which is a public -- a continued public hearing from April 6th on the precious metal dealers ordinance. We would like to welcome those in attendance that have an interest in this. There are rules of respect. We would ask that when your -- if you would like to provide testimony, I will ask you to come up one at a time to provide comment and, please, be respectful to each other and no Meridian City Council April 19, 2011 Page 5 of 53 clapping or if -- if we can have civil discussion here we would reatl a reciate it. So 9 Y pp , chief, I will let you introduce this item. Lavey: Thank you, Madam Mayor, Council. The precious metal ordinance that we are going to discuss this evening has been under development with our staff, both the police department and the legal department, since December or Janua of this ast rY p year and as you recall over the last three Council meet -- or months, Februa March, . ~ and April, we discussed this item as well.. Two weeks ago we had a public hearin and g thats kind of where we are at today. So, without rehashing everything, the pur ose of p the precious metal ordinance is to document stolen property. I can tell you that the ran Y some figures -- I have quoted you in the past that about 1.2 million dollars of jewelry and coins are stolen in Ada county every year. Those were the last stats we had. But I went and pulled the numbers in Meridian, because Meridian is much smaller and we are -- our contribution to that in total is much smaller. So, I will share with you that since April of 2010, which we are talking approximately the one year, we have had 46 jewelry cases that have come up. Now, a little bit about technology. You have to use key words and so the key words we used was jewels, gold, coin, necklace, bracelet, a ring, and with that search criteria is where we got those 43 cases. The interesting thing is that the value of that stolen property is 131,614 dollars and we have only been able to recover property from one case at a total value of 26,920 dollars. Now, out of those cases we currently have 22 that are open inactive, which means we have no additional leads to follow and an additional 14 of those that are currently open and being investigated. They could result in an arrest or they could eventually end up in an open inactive case as well. So, a little bit of history. Meridian has had a precious metal ordinance from August 1981 to April 2008. So, this is not new to the Council. We introduced the pawn broker ordinance in 2008 and during that time we repealed the precious metal ordinance. You would have to defer to Mr. Na to ive ou a little bit rY g Y about why we did that, because at that point in time we did not have the problems that we are currently facing today. Another item to note is that Ada county, which Meridian resides in, currently has -- and has had for some time a precious metals ordinance. Likewise, the city of Boise has had one since about 1981. Nampa is in the process of -- Idon't believe it's full approved. They are in the same process that we are. I believe they have had the second reading. So, they will also have a precious metal ordinance. A little bit of information that has been erroneous and, hopefully, this will help, is the information gathered under this ordinance is only collected on people who sell precious metals to dealers. Information gathered from the sale -- or from the sellers is sent to Leads Online, which is the private server program, which I have just handed you today. The information is not sent directly to the police. However, the police can log onto this Leads Online network, we can review photos, we can -- of the property. We can review the names and the addresses and any other information that this -- the purchaser or the precious metal dealer, enters into the system. If they enter physical descriptions, phone numbers and such, we have access to that. If they leave the information blank, we -- we don't have access to that. That is our only mechanism for getting that information. Any information collected from people who buy from precious metal dealers is a rivate p transaction between that precious metal dealer and that buyer. No information is sent to Leads Online. No information is reported to the police. I don't even know if they keep Meridian City Council April 19, 2011 Page 6 of 53 records, other than maybe a sales receipt. I believe that this covers most of the information that has been incorrect. One of the things that I also have sent out to Council earlier is a chart that lists the specific items outlined in our cit ordinance versus . Y the Boise city ordinance or the Nampa ordinance, the Ada county ordinance, Chubbock city in Idaho ordinance and, then, our former code. And with that I will stand in for an . Y questions the Council have or wait until after we take public testimony, whatever ou Y prefer. De Weerd: Thank you, chief. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Before we go any further, I have to disclose that I was contacted by a neighbor and who wanted answers or asked questions about this particular proposed ordinance. Before I thought we spoke, no conclusions were reached. I think the information provided was his concern. I provided him information on how to contact the city clerk to get a copy of the ordinance. I don't know that I expressed my particular opinion about the ordinance at this point in time. I heard his concerns about personal identity and constitutionality and those sorts of things. But, anyway, for the record, that conversation did take place. De Weerd: Thank you, Mr. Rountree. We did receive a number of a-mails and phone calls. I would ask the city clerk to just read those names into the record. Jones: Thank you, Madam Mayor. I have Bob Ingersol. John Newton. Bob Jessen. TJ Brown. Audra Tully. Robert Newbauger and Allen Beck. De Weerd: Okay. Thank you very much. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I just want to be sure, chief, if you could go through -- make sure I understand -- when a seller comes in and they have items to sell, coins and jewelry and what have you, the dealer takes a photo of those items and, then, that's what is transmitted to Leads and, then, there is no personal information that's transmitted unless they want to include that or is it just the photograph? Lavey: No. There is additional information that is gathered. So, if -- if I was to go into a dealer -- well, let's back up, because we currently have that ordinance in place for the pawn brokers. If I was to go into a pawn shop to sell something or pawn something, they would actually take a picture of it, they would actually take my government I D, take that information down, they would log that information into the system, along with the Meridian City Council April 19, 2011 Page 7 of 53 photo, a description of the item and, then, of course, the date and time and all that stuff gets logged onto it, too, and it would list the business. On the pawn sho s it would be a . p little bit different, because it would also list whether it was pawned, which means that it would have to be held for that -- that owner to actually purchase it back, or if it was bought -- if they just bought it outright, say I need the money, I'm oin to sell it to ou. 9 g Y Hoaglun: I watch Pawn Stars, so I get the -- Lavey: Yeah. It's maybe not as glamorous as that, but that's -- that's kind of how it is. And so in this particular case, if I was to walk in and sell some jewelry or some old, it 9 would be the same thing, they would actually take a picture of that item and the would y. . take my government ID and list that information. Now, the information that they list into the system we would have access to. In fact, I have a -- I just made a random co of . pY the Leads Online, so I could know exactly what it looked like and it would have -- ou ., Y know, of course, it s like any other database, you could search it many different wa s, . Y search it by property, search by name. It lists the customer's name, it lists the customer's address. The store information. The clerk's initials. The type of government ID. A physical description of the property, serial number of the property, and that's pretty much it. There is a place in here for vehicle tags or vehicle license number and make, but it doesn't look like that's -- that's used. It's blank on everything. There is some things that you can see where the dealers are not putting the information in, where they are putting, you know, physical descriptions they are putting in unknown. Some are leaving them blank. So, it's -- it's as good as the information that the ut in Yp the system. Hoaglun: Thank you. Lavey: The other thing, Mr. Hoaglun, is just to point out is although I believe it takes a little bit longer and perhaps there is some pawn brokers in the audience that can testify to this, but Leads Online claims it takes about 30 seconds for this whole transaction to take place from photograph to recording information. I am not quite that fast a typer, so it would probably take me a little bit longer, but it's a relatively simple process. De Weerd: Okay. Any other questions for the chief at this time? Mr. Zaremba. Zaremba: Madam Mayor, just -- just one if I may. If I'm understanding the Leads Online program, in order for our police department to have access to it we would have to subscribe to the service; is that correct? Lavey: Yes and no. First of all, let me point out for the record that we are a member of Leads Online and we have been at least ever since the pawn broker ordinance went through. But I believe we have been on Leads Online for five or six years. In fact, I know we have been on at least five or six years. If a citizen suspects that their items have been stolen and they are looking for it, they can contact Leads Online themselves, Leads Online will do a search and they will contact any police de artment in that p Meridian City Council April 19, 2011 Page 8 of 53 jurisdiction,. whether they are a -- a subscriber or not. So, that service is available to the -- to the civilians, the citizens, but we are a subscriber, so we have access to that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And you went part way into answering my second question on the sub'ect. . .. ~ Who else has access to it? The way you re describing how acitizen --the don't real) Y Y have direct access, Leads Online still controls the information that they are lookin at. g Can anybody else subscribe to it and -- Lavey: The only people that have access to it would be the people -- the people data entering the information, so any dealer would have entry access. You know, I'm going to have to defer to my staff as far as whether they can search it. But it's only law enforcement access. Keep in mind that the -- the employees of Leads Online, the IT personnel, would have access to that information. Zaremba: The average citizen can't just -- Lavey: No. Zaremba: -- look through the data base and see who is -- Lavey: You actually can go online and you can Google Leads Online and you will see it and there is a public access in the page about a newsletterand some of the stuff that they are doing, but there is a law enforcement log on where you have to have a user name and a password in order to get into the --the private data. And, then, also just for the record I can tell you that -- let's see. Let's get this -- try to get this right -- 326,962,007 entries are currently in Leads Online across the nation. De Weerd: Okay. Any further questions at this point for the chief? Bird: Not at this time. De Weerd: Thank you, chief. Okay. I do have asign-up sheet. When I read your name if you would like to step forward and provide testimony at that time, I would invite you to do so. We have a three minute testimony process. The first name on here is Mr. Robert--and if I murderyour name, I apologize in advance. Jimenez: It's pronounced Jimenez, Jimenez, Jimenez, but I respond to Robert. De Weerd: If you will, please, state your name and address for the record. Jimenez: Boise, Idaho. Robert Jimenez. Meridian City Council April 19, 2011 Page 9 of 53 De Weerd: Okay. Jimenez: Okay. Thank you for allowing me to address you here toda . Briefl I wanted . Y Y to say that at one time I was a borough auditor for the Mayor's staff for the North Star Borough in Fairbanks, Alaska. So, as such I thought I would take our oint of view and Y p address it in that manner. But what I was going to do was ask some rhetorical questions, ergo, no answer required. Okay? What is it that we are tryin to accom lish . g p by passing this ordinance? Are we trying to develop an additional tool to monitor those who launder money in our community? Are we trying to monitor those who are honest buyers and sellers of precious metals and jewelry? None of us here have to wor . rY about mission creep, do we? If we are trying to monitor those who launder mone Y~ would they not be like those who run guns to the drug cartels in Mexico and, therefore avoid honest gun dealers. Therefore, would it not be more -- and not be effective in trying to use it as a tool for money laundering. As an auditor for a big eight CPA firm, I'm more familiar with money laundering. I think one of the major banks -- we had billions of dollars that they laundered and the government fined them a cou le of million ., p , so its very profitable to launder money for big banks. The Attorney General said that if it wasn't with the complicity of both attorneys and CPA that they would not launder money, they can afford to buy them. Because if we are after trying to track honest buyers and sellers, is this not like killing the golden goose, the small business, because as we pluck the feathers from its breast will not the other geese see what we have done to one of the fellow brethren and fly and feed in other fields. It was an Egyptian who rebelled and -- of the people that they bludgeoned and the people that they killed, he was surprised, it didn't take that many people to overthrow the government. Therefore, if by passing this ordinance you have them, then, call for recall, as you show our Y feathers, so, too, will they show theirs. Thank you. De Weerd: Mike Williams signed up in opposition. If you will, please, state your name and address forthe record. Williams: My name is Mike Williams. I am a resident of Meridian. I'm also a business owner. Here in this bag I have a hundred dollars face value in silver dimes. There is a thousand coins in here. Under this ordinance I will have to photograph each and every one, as well as give a written description as far as the date, mint mark, and where it was made and submit this by noon the next day. Also, the current value of this is 3,100 dollars as today. How many bags of these can I afford to hold for ten da s before I can Y sell them, let alone a gold coin that's worth 1,500 dollars. Basically, what this will do will put me out of business and also how do I conduct myself in business when I can't afford to maintain an inventory? Anyway, the city of Boise does not have this precious metals or coins included in their ordinance, they get along fine and they catch crooks. I'm a firm believer that there is things in play that doesn't meet the eye. Who has access to all these records? It's a violation of people's privacy as far as what they want to do, when they want to do it, and how they want to do it and that's the way I stand. Anyway, thank you very much for listening to me and I appreciate the opportunity to do so. Meridian City Council April 19, 2011 Page 10 of 53 De Weerd: Thank you. I'm sorry. Please -- lease don't do p that. Hoaglun: Madam Mayor, Mr. Williams, too, ou're in the busin Y ess. I notice that in the sheet the chief provided it talked about Boise cit does not re ula Y g to hobbyists and I m trying to wrap my mind around what is the definition of hobb fists in our ' ' ? y y opinion. Williams: My opinion is a hobbyist is a person that collects for the nov I ety as forthe fun, and the enjoyment of collecting different examples of different items. But today that hobby has evolved into a big time business. Toda eo le are concern Y p p ed about the buying power of their currency and throughout histo old and silver has bee ry g n a store of value and today people are seeking that store of value because of the un ' certain economic climate. Therefore, they like their privacy. If you o to a bank and make a g deposit into the bank, nobody knows about it, except for ou and the bank and th Y at rightfully so. Well, what you re doing here is you're puttin eo le that invest in old gp p g and silver at risk, because their name goes into a database. Databases can be hacked you know, Mastercard, everybody has had this security problem. There is no reason for people to have that problem unless they are doing something wron and I understand 9 that there is a problem with theft, but there is also many thin s that are in lace toda g p Y that can deter that theft. There is Neighborhood Watches, that's crime revention. p Thats what I would suggest people do, came prevention. As far as what oes on I g , don't have all the answers, but I can tell you this, Meridian is not a hot bed for stolen property. People come there to my business, they ask questions and I try to five them . g the answers, but if I think something is stolen, I have no problem ickin u the p 9 p telephone and alerting the police that they might want to seek out that automobile that has three youngsters that -- possibly crack heads that have stolen ro ert on them. p p Y That's how things are done. I don't want them on the streets. If m customers feel . Y ripped off, they quit. doing business. If they get their stuff back they have faith in societ Y that the system works. Hoaglun: Thank you. Williams: You bet. De Weerd: Ed Rayer, signed up against. Okay. Blaine Toole. Signed up against. If you will, please, state your name and address. Toole: Yes. My name is Blaine Toole. I live off of West 2nd Street here in Meridian. If I sound like my speech is slightly impaired, I had five or six needles shoved into m Y mouth this afternoon, I spent two hours in the dental chair, which more close) . Y resembles road construction than anything else. De Weerd: And now you're here, another joy. Toole: I am really sore. I'm just a little surprised that we are here talking about such things and we have to gather in numbers to safeguard our privacy. We would actual) Y think and hope that you ,guys would do that for us. But, instead, we are here needin to g Meridian City Council April 19, 2011 Page 11 of 53 do that. As far as the numbers that were resented and th p e amount of goods that have been identified probably as being stolen, I would be curl ' ous to see if any of those numbers had been cross-checked with the com an claims offic ' p Y e. I know as being a former adjuster that if a claim in filed, then, the will investi a . Y g to and pursue that claim and decide whether to pay it, whether it's a le itimate claim or not. 9 There have been claims I denied, there wasn't enough evidence that showed he even ' had this property to begin with, even though it was reported stolen. So I would be ' curious if there is another way to check these numbers and really nail down somethin that's ' .. g a little more verifiable. The other thing is is there another wa to do this besides me r ' Y povingtoyou I m not a suspect and I m not guilty of a crime. Wouldn't it be better if we ' ' ' dust identified the people that are more or less the suspects and we o chase them around ' g ,instead of everybodys got to prove their worthiness and their end -- and the fact that the r yae guiltless and try to avoid this type of thing. I just think there is another wa to do ' y this. We got to be more creative than taking people's privac and liberties and ri hts aw Y g ay. We have got to stop doing that. We won't have any left if we kee it u .And one la p p st comment. Seventy-eight years ago this month FDR signed an executive order outlawing the possession of gold by any US Citizen. Well, this ordinance takes ou one clos ~ Y erto that orwill it take us in a different direction. Thank you. De Weerd: Thank you. Rountree: Madam Mayor, I have a question. Blaine, I don't want to ut ou throu h p Y g anymore misery, but bear with me. You made the statement that there has to be another way. There has got to be another way. And that's why we are here toni ht. . .g We have a problem and we have a solution. It s not like we created a solution t in to . rY g find a problem. My question is do you have some specificity in that statement? Do ou . Y have a suggestion how to address the issue of returning your famil valuables whether Y , it's coins. -- and I'm kind of not sure what to do with coins, but if it's, ou know a famil . Y y heirloom, a gold medallion or a wedding ring from a parent or somethin like that that's 9 been taken from your home, how -- how do we provide redress to ou as havin lost Y g that? Toole: Right. Rountree: Help me understand a better way to address that. That's all I'm askin . g Toole: I respect that. One of the things I can tell you is that after handlin over 6,500 . g insurance claims, the majority of times the property was not safeguarded. It wasn't locked up and it made it much easier for somebody to take it. It was more visible to be taken and found and taken. And forme to take -- to say I have of the solution and to • ~ ~ g .. lay it all out for you right now, I can t say that. I can say that as a citizen I et a little .. g sensitive when people start closing in on what I consider to be my privacy and my freedoms and my rights. It seems to be the progression nowadays and we all kind of do it without batting an eye. Twenty-five years ago we would not hear of such thin s, nor ' ~ ~ ~ 9 would we be talking about something like we are talking about tonight. I don't thinkthis is an epidemic. I don't. I would like to know the total number of households in Meridian Meridian City Council April 19, 2011 Page 12 of 53 and what percentage of those households had been affe ' cted by this type of theft. And by -- based on the search that he was loin Leads Onl' g, ine, jewels and all the different words he would type in there, not all of them are exclusive t ' o what we are discussing tonight, coins and bullion. It's jewelry and 'ewels of various 1 types. So, that s a real broad stroke that he put together as far as the numbers. T ' hat s why I wanted to see if there was any other way to verify those numbers. Let's fin d out what we are really dealing with here. Let's not get into sensationalism and et all g wound up about it. Let s find out what we got going on. But I don't think that for me to have to prove to you I didn't steal the coins my dad gave to me if I decide to sell them I ' . dont want to go there. I don t want to talk about that kind of stuff. It's 'ust not ri ht. I did ' ' 1 g n t spend time in the U.S. Air Force defending this country for this kind of stuff. I real) did ' y nt. There has got to be a better way. I know we have got enough minds and talent in this roo ' m and in this city to find some other way, besides, okay, eve bod u a ainst the wall rY Y p g to see who has got what. I just don't want to go that far. Thank ou. Y Rountree: Thank you. De Weerd: Steven Monroe signed up against. Good evenin . If ou will lease sta g Y , p to your name and address. Monroe: Absolutely. Steven Monroe, 2900 North Willowside Avenue Meridian. Madam Mayor, City Council, distinguished guests and we the eo le I would 'ust like to p p ~ 1 bring your attention to -- I believe it's page two of the pro osed ordinance and it's 359 p records. I believe maybe the police chief might have left this out, but number five sa s Y specifically -- and I should go to the top at B, contents. It says this: Eve transaction . .. rY shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a co of this written record. pY The written record of every regulated transaction shall include the followin information. g It lists all of them, but I bring to everyones attention here toni ht number five. Full g name, complete current residential address, current phone number, date of birth, race sex, height, weight, hair and eye color and thumb print of the person or ersons whom . p the transaction is made. I know that everyone here on the City Council, includin the . g Mayor, has taken an oath for the Constitution. This is an intrusion on our rivac as we p Y the people and we want you to absolutely vote this down. It's not a uestion of what we . q do to find a solution for a problem or a solution, it's that this is re u Want to the pg Constitution, to our Idaho State Constitution, as well as the United States Constitution. Also, the police chief brought up that there were 46 -- if I remember correct) , 46 thefts Y of this nature; is that correct, Madam Mayor? Was it 46? Rountree: Correct. De Weerd: Yes. Monroe: I can make sure. Forty-six. I understand that the sign on Linder sa s 56 000 Y , in population. Thats one per every 10,000 residents herein Meridian. That means that 99 percent of us will be having to follow this Draconian ordinance for the ve -- less ry Meridian City Council April 19, 2011 Page 13 of 53 than one percent that commit the crimes. I know Mike. I do business with Mike. And I also have we will say 50,000 coins and if m 50 000 coins w ' Y ~ ere left out, that is my fault. We have to have responsibility for ourselves. We the eo le ' p p can handle this. That was the solution. That is what we need to do and that is what w ' e would like to see done. Thank you. De Weerd: Thank you. Cindy Rogers si ned u a ainst. Ok 9 p g ay. Deborah Allexco. Steven Blackburn. Blackburn: My name is Steven Blackburn. I'm a Meridian resident. 8364 ' 6 zip code. I'm a Meridian businessman not related to coins or 'ewel or thin s of h ' 1 rY g tat nature. I m also a consumer. Part of being a consumer, of course this articular ' . p ordinance concerns me, insomuch that it would require me to divulged certain private information that I consider private, particularly my thumb print and certain other identif in y g features. Perhaps most troubling to me is the practical application of this ordinance and if I can use Mr. Williams' example of that thousand coin bag, if I as a seller of those coin s approach Mr. Williams or any other dealer with a desire to sell those coins think about again, the Draconian effects of this statute. Even using I think a ve conservative for rY , lack of a better word, time frame in which the chief said that he could do this transacti n 0 -- well, not him, but this transaction for the Leads program in 30 seconds if ou take a . ~ Y thousand coins times 30 seconds, I get 500 minutes. Five hundred minutes divided b y 60 minutes into an hour is over eight hours that I would have to sit there in this gentleman's office while we are conducting this transaction, because that statute and ordinance makes it very clear that this is to be done at the time of urchase or sale. p Now, I dont know about you folks, but I do not have ei ht hours to sit in someone's 9 store to sell him a thousand coins or to purchase a thousand coins. I'm sure Mr. Williams and others who own these particular businesses also don't have that amount of time to dedicate to one sole customer. I know as a consumer if I walk into one of these businesses and I have to wait one, two, or three hours while he's com letin a -- or p 9 shes completing a transaction, thats going to have a chilling effect on business. I'm going to go elsewhere and elsewhere they might have the same roblem, which is . p going to lead me, most likely, online or to another venue somewhere else. So respectfully, I think the devil is in the details when you look at the effect that this is oin 9 g to have on some pretty basic transactions that could otherwise be conducted with consumers and business people in this community. Respectfully request that this ordinance be struck down. De Weerd: Thank you. George Bishop signed up against. Okay. Irvin Hill. Oka . . Y Wayne Hoffman signed up against. If you will, please, state your name and address for the record. Hoffman: Sure. Good evening. My name is Wayne Hoffman. I'm the executive director of the Idaho Freedom Foundation. I reside in Nampa. Idaho Freedom Foundation is anon-profit public policy research organization. We try to resent p solutions to problems without growing government and raising taxes and so forth and appreciate the opportunity to speak to you tonight. I will be very brief. I'm sure you will Meridian City Council April 19, 2011 Page 14 of 53 hear a lot of this --the same stuff from folks toni ht. Bu g t, you know, I guess I would dust say this: If you -- if you look around at what oes on ins ' g ociety there are plenty of ordinances you can pass to try to protect eo le and the ue p p q soon is what are you doing to restrict people s liberties or invade their rivac or cause ' p Y government intervention in their everyday life that are unnecessa sim I because o ' ry p Y y u ,can. And I don t mean to be hyperbolic, but we could solve a lot of crimes b sus endin Y p g the Fourth Amendment. I m not advocating you do that, but I'm sa in that the Fou Y 9 rth Amendment, we could have police to raid people's houses in the middle of the ni ' ght, look through their possessions, look through their papers, figure out what the bou ht wha ' y g t they did, and maybe you will find stolen articles, you will find, ou know nefari . Y ous deeds, and different crimes in the process. But that's not the world we live in. ' We live in a free society, a free country, because we believe in those values that are in the ' Constitution. Freedom is not for the timid. For people out here who will be victims of ' crime, they will understand that, because freedom comes with the otential that bad thin s ar ' p g e going to happen to good people. We have law enforcement to res and to that ' . p and bring up those issues. But when you try to create new la ers.and et overnment i Y g g n between the public and the ability to transact business, all you do is take awa those fre y edoms that we hold as precious. I d urge you to reject this ordinance and allow fr eedom to prevail. If you have any questions I would be happy to answer them. De Weerd: Thank you, Wayne. Any questions from Council? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Okay. Mr. Zaremba. Zaremba: We have never met, but I have read some of the articles that ou write in I y ocal newspapers and you often bring up very good points, but ou also often have Y some very good suggestions for how to solve it and I guess I would like to ask ou do Y you have any suggestion on how we should go about recoverin stolen items that 9 wouldn t be this same method? Hoffman: Council Member, I appreciate your comment. You have law enforcement that investigates crimes, that's what they are here for. There is a lot of thin s that are stolen 9 all the time. Are you going to next suggest that there be a database for eve car ry purchased and every -- I don t know -- iPad purchased and so -- I mean there are a lot of things that get stolen all the time and I understand it's a very noble thin to want to t 9 ry to do everything you can to protect property and so forth. But m oint is that we Yp recognize that under our system of government bad things are going to ha en . pp occasionally. There are plenty of places where they don't have freedom and there is fewer crimes. I'd rather live in a free society and take my chances. That's what we want. Zaremba: Thank you. Meridian City Council April 19, 2011 Page 15 of 53 De Weerd: Thank you. Hoffman: Thank you forthe opportunit . Y De Weerd: A.J. Ellis signed up against. Hi. Ellis: Madam Mayor and Council Members. M name is A.J. Elli . Y s, at 5559 Pasco Road in Marsing. I come to Nampa and Meridian and Treasure Valle ' y to do business occasionally and I have also bought some precious metals in the area. I d o have an idea for a solution. While we are talking about recious metals and 'ew p ~ elry dealers or purchasers, we are usually talking about people who have the mone and wh .. y o would be willing to take steps to protect theirs. I think that's a reasonable assum tion ' p that if theft was really a problem people would be taking steps to catalo their item and the woul g y d be able to -- there is -- there is certain things they could do certain or anizatio g ns they could submit this information to to have the information on hand so that law enforcement, if they so chose, voluntarily, could go and investi ate the theft of thes . g e items. Perhaps if the Council would consider rather than usin -- usin such an . 9 g ordinance to attack everybody in this way, perhaps an ordinance which would allow people to voluntarily catalog their items to facilitate such a thin would be in order. g Aside from that there are a couple of reasons why I would o ose this ordinance in pp general. This will be a burden to the coin dealers. It will cost them extra mone .The Y extra costs will cause their prices to rise and possibly cause some of the weaker dealers to lose business and go out of business. Not only will this reduce the business to coin and precious metals dealers, but their customers purchasing those ro'ects will take . .. p J their business to other cities. The customers are trying to save tri s b loin all their p Y 9 business at one time. Those that wish to purchase those goods, without interference will choose a more favorable .city or seller in which to do their business. You will see that.. However, small an economic action might seem, it will affect the whole, no matter -- no matter what part you try to tweak. And there is the question of what business does the city have to track and manage such a benign product as precious metals. I believe that this will add to the fears of some reminiscent of FDR's executive order that a gentleman earlier mentioned, 6102 in 1933, which would -- which required holders of gold to turn them into the treasury in exchange for paper currency under enalt of ten p Y years imprisonment and 10,000 dollars fine. Now, I don't by any means see the Council intending to do such a thing or even proposing such a Draconian, as it was said measure, but, obviously, some people are, obviously, concerned about that. Wh do Y we need to suppose that force and control is always necessary for business owners and precious metals holders or jewelry holders to take steps to protect their items? Wouldn't it be better to ask them, rather than demand everybody to do so. I see that m . .. Y time is -- very well. But I believe that the laws pertaining to the trade and sale of stolen goods are sufficient and thank you very much. De Weerd: Thank you. Council, any questions? Bird: I have none. Meridian City Council April 19, 2011 Page 16 of 53 De Weerd: Okay. Thank you, A.J. Hubert Osborn. ' Signed up against. If you will, please, state your name and address. Osborn: Good evening, Madam Ma or, Members of th ' Y e Council, and fellow citizens. My is name Hubert Osborn. I reside at 4199 East Switzer W ' ay in Nampa, Idaho. De Weerd: Thank you. Osborn: Most of the reasons against this have been addres sed by people more eloquent than I am. You have asked for su estions. I think ed ' 9g ucation is a great suggestion. I think that -- I can remember in Nampa we had a missin erson. g p It was not advertised for over a year after the person was missin . I think time) adv ' ' g y ertising of what is missing would be very helpful. I also advocate nei hborhood wa g tches. Your neighbor knows what's going on .and assimilation b the olice and advertisin Y p g these things would be a good help. I commend the City Council for takin the time f g or two hearings on this. I think it's important to citizens and I would ho a that ou wo p y uld turn this one down. Thank you. De Weerd: Thank you. Osborn: Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Yes. You indicated you were a Nampa resident? Osborn: Yes, I am. Rountree: Have you participated in their process? Osborn: Yes. Rountree: And what's your sense where they are going? Osborn: The city police chief introduced this in January. It was total) off the wall. He .. Y met with two citizens. They put together a different ordinance and the took most of the . ., Y objections out. The chief at the hearing in testifying basically of a civic's lesson. The . g two main things I would say that the Nampa ordinance does, there is a five da holdin . Y g period and the dealer has to hold the record for one year of the things that the bou ht. . Y 9 The police do not investigate unless they have a reason to do so. And I have a co if . pY -- as the police chief said, last -- two weeks he had a copy. But if you would care to see it I have it right here. Meridian City Council April 19, 2011 Page 17 of 53 Rountree: If you want to give up that cop I would a reciate it. Y pp Osborn: It's got my scribbling on it. Rountree: Well, we won't read that. De Weerd: Thank you. Osborn: Thank you. De Weerd: Valerie King signed up against. King: Good evening. My name is Valerie King. I live in Meridian, Idaho. I haven't had a lot of time to really look over the ordinance. I have read it a cou le times and then p come here more to find out some of the reasons behind the ordinance. I hadn't real) Y prepared anything either. But I am opposed to the privacy intrusions and as the gentleman who read earlier, I think in the pawn broker section, but to re uire .. .. ., q (unintelligible) in Meridian to do a legitimate transaction that I have alwa s en'o ed Y JY have the freedom to do in the past, suddenly I'm subject to having all of m ersonal . .. Yp identification, fingerprint, everything, as if I'm presumed to be a criminal. I reall find .. Y that quite chilling and the presumption that many of our legitimate Meridian business owners would be partaking in criminal activity. I don't know of any legitimate business owners that would not turn over stolen evidence or stolen goods or contact the police, that's going be suspecting that. I don't know that. this ordinance is really needed, but I also am concerned that the database that you're requiring basically -- that these business owners keep and its leads and it's subject to hacking, identity theft is now our concern, as well as anybody that gets the records from that precious metals dealer database or however that electronic format is, is now possibly going to target my home, believing that I have precious metals. I found that very upsetting. There was a few things I was confused on as well listening to -- I guess the chief that was -- that was talking about this earlier -- who had said that it just sounded like there is just some personal identification that was -- that was taking our license and photo ID and everything. But 3-9.4 of the operating requirements, the records of this quote extensive and it requires to be transmitted by noon the next business day to the designated online Internet service designated by the chief of police who can get that upon request, I don't see that as any different than transmitting this directly to the police department. So, I have a -- I have some issues with the way that the ordinance is written and as well as what is this really going to accomplish, except for treat business owners and citizens of Meridian as .potential criminals most of the time. Thank you. De Weerd: Thank you. Any questions from Council? Rountree: None. Bird: I have none. Meridian City Council April 19, 2011 Page 18 of 53 De Weerd: Now, these next two names I have no clue. So, does an one know who Y signed up after Valerie? Their name begins with a C. I can only ima ine. Oka . If I . g Y didnt call your name at the end -- oh, there you go. Todd, I don't think ou be in with a Y g C. Thompson: Igo by Todd at work. I have -- I am a Meridian business owner. I actual) • .. y own a jewelry store. My address is 3163 East Fairview Avenue. De Weerd: Thank you. Thompson: The issues that I -- or the issue that I'm mainly going to speak about toda Y has not been brought up yet at all. It's on page three under Section D, under regulated transactions. The acquisition of precious metal, whether new or previously owned for consideration in the form of cash, goods, or other precious metal, whether by sale or trade. I specialize in building custom jewelry. A lot of my customers come in with previously owned wedding bands, wedding rings, that they are wanting to either get a new ring made using the existing stones. A 18t of people currently are actually wantin 9 to go from yellow gold to white gold, which is more popular right now. Under this ordinance as stated I have an example of this to sort of share. A senior coming in to purchase a jewelry item. Right now sales tend to be a little bit slow based on the economy. People are trying to leverage themselves the best way possible by reducing the cost of the product. I had a gentleman walk in that had a previously owned wedding ring with a colored stone in that. That color stone was very damaged needed to be refastened. Based on this ordinance forme to --for him to purchase a ring, trading me his stone, I have to, therefore, hold the stone. I can't -- excuse me. I have to take his information, assume that, you. know, whatever -- have to follow that process. And maybe yourself, when you purchase a piece of jewelry and have to give a thumb print to actually begin to purchase the product. Basically, can't touch that item for ten full business days, or basically two weeks, which means in pulling that stone I have to refasten, if I have a stone to be refastened it's going to take me an average ten days. My standard time for custom jewelry items is normally two weeks -- two to three weeks turnaround time. Once I get that stone back after the two weeks, plus the week roughly time for cutting it, I cannot start on that piece until I have the final measurements of that stone. So, this customer is now being pushed back to over five weeks construction time on that custom item, just for bringing in something that they wanted to have built that was theirs from -- from their original wedding, they want to have them touched up. Trade -- I actually contacted an attorney and was told that I would get back today and did not hear anything back today in regards to this. This is a small -- small little word of five letters that has huge impact on my business. As I said, I specialize in custom jewelry and that is the majority of my business and taking people's property and building them something that's more appealing to them currently. Any questions? De Weerd:. Being one of your customers I know exactly what you're saying. Mr. Rountree. Meridian City Council April 19, 2011 Page 19 of 53 Rountree: Just -- Todd, thank you for bringing that up. That's a concern question that I brought up earlier in a previous hearing and I still don't have a particularly clear answer for that, but been there as well and I understand what you're talking about. Thank ou. Y De Weerd: Thank you. The next person I can't read your writing either. It's got a lot of loops in it. Okay. Again, if I don't call your name I would invite you at the end. Martha De Simmons. Signed up against. Okay. And another skip. Maybe Sue Lynn? Stu? Okay. Randall Miller. That's all right, sir. Sir, you do have to wait until you're in front of the microphone. Miller: My name is Randall Miller and I live in Nampa, Idaho. De Weerd: Thank you. Miller: I'm a senior citizen and one point that has not been brought up by anybody is senior citizens don't get any money for their savings -- go to any bank, they don't give you any. The only way a senior citizen can make any savings grow is to occasionally buy some silver or gold coins and keep them for awhile and they get a little bigger and you got a little bit of savings. The only way they can --the best way they can do that is to find a dealer that's honest and, unfortunately, coin dealers are somewhat like car salesmen, some are good and some ain't. If you find one you have to hang onto them. So, we have a got good sale -- a good coin dealer and the good coin dealer works in a small shop with a small margin of overhead, so that he can give you the best deal for your coin and he can still make a living. This ordinance will wipe that out. It will wipe it out. But it not only wipes it out for that individual coin dealer, look what it does to all the rest of the senior citizens that nobody seems to care about. I just recently buried my wife. and I want you to know if I hadn't of had some coins sold up and saved I would be bankrupt right now and a lot of senior citizens are in the same position. And this ordinance does not help the situation. If people -- if you want honest people to turn people in, that's fine, they will. They have in the past. Our crime rate in this area is very low, the lowest it's been in 15 years. I cannot see the need at this time for an ordinance as hard on people as your is. Any questions? De Weerd: No, sir. Thank you. Jolene Peterman. Signed up against. Okay. Dan. Peterman. Peterman: Hi. My name is Dan Peterman and I live in Boise. I oppose the precious metals coin ordinance and my friend Tom Mund did not get his name on your list there, so if it please the Mayor and esteemed Council, I would like to give my slot to him. think that yourtime todaywould be better served listening to Mr. Mund. De Weerd: We will ask him to come up once I get through the names that signed up. Peterman: Okay. Great. Well, he was going to come up now, so I guess if I have a few minutes, you know, I think with coins going up, everybody is certainly looking at them and there was a dealer here that spoke to you today and he certainly I think made a Meridian City Council April 19, 2011 Page 20 of 53 very good point with their value and it has definitely peaked interest of a lot of eo le. I ., p p think its dust interesting now that we are seeing this ordinance come to the forefront you know, and in the .name of safety and of protecting us. I just think the foundin . g fathers some of the things that they did lay down for us to look at -- I mean Ben Franklin said if we are willing to give up the essential liberties for a little bit of safet ,well, then, . y we dont deserve liberty or safety and I think we really need to take a hard look at where we are taking this nation, especially you on the Council when you have the power to put these laws into act. I'm about to bring a life into this world and given the gift to do that and I'm concerned with, you know, the new generation coming up, what they are goin . g to face, and are they going to be used to just being -- basically given a shake down where ever they go, whether it's in the airport, in the local gold dealership, I think all issues are tied together and I think we are starting to see a lot of our rights being taken away and this certainly is one of them and so I would hope that you do listen to a lot of your constituents here today, the majority of whom are saying that they do not want to see this pass. De Weerd: Thank you. Rountree: Madam Mayor, I have a question for Dan. De Weerd: Dan. Mr. Peterman. We have a question for you. Rountree: And I should have asked this earlier, but you have indicated .you're from Boise and -- again, I don't mean to be -- I'm just curious, do you feel you're better served in Boise with the ordinance they have in place versus being anon-Meridian resident and having an opportunity in Meridian to do business differently? Peterman: Well, I'm a native Idahoan and I actually have lived in Meridian for awhile at a time, but, you know, I think we are all really in the same boat in these issues and I think one gentleman did make a good point that, you know, law and order is being taken care of sufficiently in Boise. With this particular ordinance it seems that it does kind of overstep the boundaries of what authority is called to do, they are called to really prevent force and fraud. I mean that's it. Is there a crime committed? Is there a victim? Okay, we target that. But when -- when the government is actually in many ways are the ones doing the force and the fraud, I think it does begin to bring people to say, hey, what is happening around me, how can I conduct business when, you know, I'm not just -- I'm not just being protected by my government if a contract is faulty or if someone breaks in, but, in fact, they are coming in and looking at, you know, a lot of my -- my own private things and the way I live my life. That just seems -- I think we need to look at when it comes to crime is there a victim, then, we go there, we target that, like the Air Force vet said, you know, we have -- we have laws in place to handle these things. These men are smart in their homes, they can protect themselves. If we have a crime we deal with that, but we shouldn't be having all this oversight and really causing more problems I thinkthangood. Meridian City Council April 19, 2011 Page 21 of 53 Rountree: I fully appreciate your opinions that you have stated. M uestion was Yq , though, do you feel better served by Boise who has an ordinance that does what we are talking about versus having been a resident of Meridian that at this point does not have such an ordinance. Do you feel better served by Boise or -- Peterman: Well, I guess, you know, it's not something that -- I think I would actual) ut Yp an answer to, because I think here we are on this topic saying, you know, this ordinance is what we are talking about today and I'm just showing up to give you my two cents and say, hey, I don't agree with it, specifically this ordinance. De Weerd: Thank you. Peterman: Did that answer your question? Rountree: No. But thank you. Hoaglun: Madam Mayor, I just wanted to comment. You know, Mr. Peterman said, you know, he wanted to defer to Tom, because he could speak better than him. I think he just put a lot of pressure on Tom. He did very well. So, you know -- De Weerd: No pressure, Tom, but -- Hoaglun: Thank you for yourtestimony. Appreciate it. De Weerd: Harmony Black signed up against. Black: Thank you for this opportunity to speak. My name is Harmony Black and 46 years ago next month I was born here in Meridian. I have seven children, nine grand children and, frankly, I am appalled at the direction that the city, the state, this country is taking at the loss of the rights and freedoms that we hold dear. I am a database and network administrator, so I know that the people fear that this -- their personal data could be -- fall into the wrong hands and, frankly, people who hack aren't their hacking for good reasons. And .have considered the crime that would be committed with these people's personal information if it was hacked would far outweigh the good that people think this ordinance is doing. Secondly, I know that all officials take an oath to the Constitution. However, unfortunately, there is no test to see if those officials understand the Constitution that they are taking oath to. There is proof positive that too many officials do not understand the oath -- don't understand the very Constitutions that they are talking oaths to, which is evident in the laws, the statutes, the codes and ordinances that are being passed currently. I think that the very first and most important question that should be asked when considering any rights reduction is is this constitutional. Is it going to take away the rights and the freedoms that God gave every individual that he created on earth. If the answer is, okay, we are going to take away some freedoms, but you're going to get -- you're going to get safety, I'm sorry, even as a mother of all these children and grandmother of nine, I would take my freedoms before the safety. I will Meridian City Council April 19, 2011 Page 22 of 53 take the personal responsibility and risk, the heirlooms and everythin that I hold dear if 9 you will dust let me keep my personal rights. And those reasons. Thank you. De Weerd: Okay. Lee --thank you. Thank you. Rice: Good evening. Thanks for allowing me to speak. De Weerd: If you will state your name. Rice: My name is Lee A. Rice. Want my full name? Lee Arthur Rice, the II. De Weerd: No. You're fine. Rice: Okay. Well, Lee Rice. I'm domiciled in Nampa. I have friends that have businesses here in Meridian. I'm a native son here. I was born and raised in Idaho. I have seen it go through some really crazy things, but one thing that really upsets me -- I'm aformer -- I'm a veteran. I spent time overseas. I didn't fight in any wars, but I did serve my country. I lived outside of the country and I have had the pleasure of meeting some really good people who live overseas. You know, they view -- they view us here in the states as being quite ridiculous, because they allow -- you know, they say that we allow a handful of people to control our population here, which is totally ridiculous. Now, ordinances -- and I agree with Harmony and the others, because it has come up here before, you know, freedom, that's what it's about. I mean it's -- this ordinance does nothing but interfere and get in people's lives and I -- you know, you need to take that into consideration. I mean some of you're saying -- maybe there is personal interest with regard to this ordinance. How do we know that the police chief -- why is he pushing so hard, you know. We know that there is corruption within our own government and I think that this sort of ordinance -- it's kind of evidence of that. You know, it's not about protecting the people and Idon't -- I'm not trying to -- you know, I'm not trying to insinuate anything. You always presume that we need to have your protection when we can protect ourselves. We the people can protect ourselves, we don't need more government interference in any part of our life and- that's basically all I have to say. Let the people live their life. Thank you. De Weerd: Okay. If you will not do that, please, or I will ask you to leave. Is there a Mr. Smith or a Ms. Smith? I would imagine it begins with a B. Berlin. Thank you for solving my mystery. Sukett: Sorry for my scribbles. I thank you for allowing me to speak. I'll keep it short and sweet, because a lot of things have already been said. De Weerd: If you will say your name, please. Sukett: Oh, I'm sorry. My name is Blaine Sukett and I reside in Nampa right now. De Weerd: Thank you. Meridian City Council April 19, 2011 Page 23 of 53 Sukett: And I do deal with a metal dealer in Meridian. So, one of the reasons wh I'm Y here. I was a little confused. The chief gave some information there and I wanted to -- it was reaffirmed by one of the other speakers that it was 46 thefts in -- was that last year or this year? De Weerd: It was last year. Yes. Sukett: 2010. So, of one my concerns is the cost, how much money is it going to cost to do all this to try and counteract, you know, 40 thefts. The other thing is I'm a little confused on how this prevents -- or how this helps capture crooks. Sounds good on the surface, but if I'm a crook and I have to go to do all this rigamarole to unload some stolen goods, am I going to do that? No. I'm going to go find someplace else to sell it. So, it seems to me this really doesn't help catch criminals, all it does is it punishes law abiding citizens who would be willing to come in and ive all that information because 9 , they have got nothing -- because they are not doing anything wrong. Why don't we focus on the criminals instead of people and -- excuse me --that way we keep the focus where it's at and we save money doing. that and you guys have asked several times what's your solution. I got a couple solutions. Number one, get a safe and lock your valuables up. Okay. And perhaps the police could do an education campaign on that, you know, post some statistics -- excuse me, my mouth is really dry. Post some statistics -- gee, I can't even say that. Anyways. And encourage people to lock up their valuables. Why do I have to be punished, because somebody didn't lock up their valuables? You know, that's a rhetorical question, obviously. So, it seems to me we are spending a lot of money or you would be spending a lot of money to catch 46 criminals in this type situation and I concur with everybody who has talked about the intrusion on privacy and rights and liberty and freedom, our founding fathers. I do believe these ordinances, including the one in Boise, in Nampa, are -- exceed the state constitution and they also exceed state. law, Title 50, Section 301. It says that the cities can only do what they are directed to do or what they are specifically allowed to do. So, that's paraphrased a little bit, but you can look at it and see what it says. So, anyway, that's all I had to say on that and --any questions? De Weerd: Thank you. Rock -- I can't read the last name. Sir. That's all right. I'm trying to mind read on these. Armstrong: That's all right. My name is Rock Armstrong. I live in Boise. I have two sons who live in Meridian and I brought you a gift. I'll just leave it here on the podium. De Weerd: If you could give it to our clerk. Armstrong: This is The Proper Role Of Government written by Ezra Taft Benson in 1978. I'm a member of the Boise Tea Party. You people are out of your mind. This is about freedom. This is about liberty. It's not about law enforcement. It's not about gold. It's not about silver. It's about government and we have had it and one day you're going to get the message and I have a suggestion for you and it's been done in several Meridian City Council April 19, 2011 Page 24 of 53 -- hundreds of communities across the nation. Pass an ordinance that re uires q everybody to have a gun in their home. De Weerd: You know, Mr. Armstrong, it's because we believe in freedom and the abilit . Y to speak your mind is why you re here today. Armstrong: This is a wonderful opportunity. De Weerd: So, thank you for being here. Armstrong: My pleasure. De Weerd: Mary Ann Watson. Signed up against. Watson: Good evening, Madam Mayor. My name is Mary Ann Watson. I am born and raised in Meridian. But one of the other things that I also do is I work atone of our local businesses, which happens to be a pawn shop and I know that this is part of the ordinance, has an effect on the pawn shops. One of the things that I heard the chief say earlier was something about the coins -- about the precious metals. I want to read out of 35-12 -- out of the ordinance that was done back in 2006 when we all went on Leads Online. It states: Removal of or allowing removal of property from the business premises within seven days after the receipt of said property. Excluded from these restrictions are transactions in gold and silver bullion or coins. We have as our pawn shop -- we have gone on Leads Online since the date authorized.. Our own computers, get our own AOL log on, and it does not take very long to enter the ticket. We do them via name. We only have access to only tickets that our pawn shop does. We do not have access to any other pawn shop records, just to let you know. We have no access to any records that would show any thefts, so that we could compare notes. We have just the records that we actually put in and we do maintain our records for a year. We do not put descriptions of unknown. Okay? We actually put descriptions 14 carat jewelry with small diamonds, maybe how many small diamonds. If it's a colored stone. We also put if we take face value coins. We also put the dollar amount that the coins add up to. So, if it's $2.50 face value, we will put $2.50 in face value, whether it's been silver or gold. Now, each dollar amount is going to be represented in whatever the silver and gold market is of the day and as you know -- and I'm sure you have been watching and following the gold and silver markets, they are fluctuating daily, as well as by the minute. So, once New York market closes, then, the world market opens up again and starts everything all back over again. I just wanted to clarify that I know the pawn shops herein Meridian, I know the people that run them, do the Leads Online, we do things -- we work with the Meridian police every day. We are willing to help them out, but we do need a little bit of leniency as far as on the coins and the bullion. Any questions? De Weerd: Thank you. Mr. Hoaglun. Meridian City Council April 19, 2011 Page 25 of 53 k ou Ma Ann fortestifying. I do wanttofind out Hoaglun. Yes, Madam Mayor. Than y rY uestions about the photography. When you -- when someone - because I have some q e coins or ulti le items sa 'ewelry and I don't know if you do th brings an item and them p YJ .. . h them? I mean do ou -- I think Mr. W~Iliams ~s suggesting not -- how do you photograp Y a hoto ra h of each coin or can you do it as a group? you have to take p g p • is the new art of the ordinance. That is not part of the Watson. I will tell you that p ' 'current) online. So, the chief -- that is one of the things that is going ordinance that is y to be new, along with the thumb print. ' 'f it's another item that ou are required to submit to Leads and it's Hoaglun. Okay. And i Y ' u able to ut multi le and take one picture of several items or do multiple items, are yo p ,p ou have to do each one individually if it s been sold at your shop? Y • uld list them se aratel .All right? We would list each item separately Watson. We wo p Y en the Cit Council, whoever is going to provide us with the cameras, because and wh y ave them then we could make those arrangements to take a picture. But we do noth , ' es now ri ht now ou would have to take an individual picture of each as this stat g Y ' ' ' m and as ou heard from the coin dealer, you know, a couple of dollars will individual ite y a Ion time and es, it is only a little bit of time to put one item in, but when you take g , Y . -- someone comes in and awns or sells, trades any number of items -- and it have p I be 'ewe) coins, and, then, you could have your firearms to the top of it, you cou d J ry, u're takin a lot of ictures, ou're taking a lot of time. Are you going to provide know, yo g p Y the extra erson that it's oing to take, you know, to put that information in? p g Hoaglun: Okay. tson: Because most of us are private individual companies. We are not the Pawn Wa One's we are not the Vista Pawns, we are Meridian Coin and Pawn, we are Benneys, we are privately owned, we need to be respected as such. oa lun: I'm lad ou worked in your company name. I didn't want you to advertise H g g Y your competitors, so --thank you. Watson: I did all the above. I did not do -- Hoaglun: Thank you. De Weerd: Good job. Thank you. Watson: Thank you. De Weerd: Paul Watson. Signed up against. P.Watson: M name is Paul Watson. I'm the manager of Meridian Coin and Pawn. I Y . have lived in Meridian for probably 35 years. Okay? The ordinance, as my wife Meridian City Council April 19, 2011 Page 26 of 53 rd because we do have to report anything we take mentioned, there is a double stands , ' with coins and that being exempt, which we worked as a pawn shop, hold it seven days, ' hief stated that we have to take pictures. We do not on that in 2008. All right. The c ' e. Oka ?This ordinance would do that. You have got a take pictures at the present tim y tesman that come out this week and from two dealers full page ad in the Idaho Sta ' bu in coins and 'ewelry. No regulations. They can hit outside the state that are in y g J , I was a thief would I go to him and ID me? No. No. I m town, they can take off. If ' finance is workable and something needs to be done. But, going to hit that. This ord ' and talked to us about it. Period. Other than that, that's all quite frankly, no one s come I have to say. Any questions? De Weerd: Any questions from Council? Rountree: No. I have none. De Weerd: Thank you, Paul. P.Watson: Thank you. Tom Mund. Now we are at the end of our list of sign-ups, then, so it will be De Weerd open after Tom. Madam Ma or thank ou very much. It's nice to be able to speak in front you Mund Y Y ' u s don't real) a ear as arrogant as some as I have been in front of tonight. You g y Y pp and I real) a reciate you for that. What we really are facing today is -- Y pp Weerd: If I could et ou to state your name and address. De g Y I actual) live in Caldwell, but I have friends that do business in Meridian and I Mund. y tuall en a e in business here as well through some of the Jewelry shops and pawn ac y g g shops as well. De Weerd: Thank you. Mund: What I wanted to say is that we really are -- we are struggling with a dilemma here aren't we? It's a moral issue. It really is. We are -- we have decided that we wanted to -- tot to allow everybody to -- to believe what they want and to feel the way ry want and to be able to have all this and now all of a sudden we are struggling with they the re ercussions of that. Basically what we have done -- and I have heard you guys p ask about su estions to problems that we are having. The suggestions are in our gg histo ..The are in our Biblical history for one thing. If you guys would -- the oath that rY Y we took and the ra er that we said, which was great, basically stated that we are pY cknowled in as a -- as a eople that we do look for God's guidance and that we do a gg p have a rule of law in which we need to adhere to and we need to understand. Saying that we take an oath under the Constitution, people may understand -- they may understand the wordin of that, but do they understand the historical context and the g Meridian City Council April 19, 2011 Page 27 of 53 'n of that oath. I have asked many police officers whether they have actually means g wn their oath and re ular officials and they actually don't remember it, because they kno g 't feel it's im ortant. Basically, what I'm trying to say is we are struggling with a don p . oral issue here and we -- and that is what's spawning off everything else. I mean to m onstitutional art of this whole thing is completely absurd. It's completely out of the the C p Im of the ro er role of overnment for the police to be able to try to establish an rea p p g nce u on its eo le when the people are the ones that establish the police ordina p p p de artment to be able to protect us, not to hide behind bushes and spend taxpayer p Ilars ivin us ou know, tickets going one mile an hour over the speed limit. I mean do g g , y is absolute) ludicrous what we are doing here. It is not -- you know, the -- this this y nce is -- I uess what I'm saying is there is so much going on in my head right ordina g , , I could o on for an hour. If we look to God's law God's law specifically says that now g w is criminals should be unished. Okay? And what we have got across the nation no p . these -- are the t rannical governments and we all know what tyranny looks like now in Y America don't we folks? And we are getting that here. We know about the guns tion. We know about the old. We know about history. And a lot of what's legisla g enin is we are for ettin our history. God has given us history for us to be able to happ g g g understand and not re eat the same mistakes that we have made before and we are p oin down that ath again. My friends here know that. We see that. We are warning 9 g p as eo le that know history, about what we are facing and about what s going to you, p p if we don't et a handle on this. This isn't a threat of violence like the media might come g nt to su est. What this is is this is an acknowledgement and accountability factor wa gg ~ on and for --for us to be able to tell you, look, we have established you guys for a reas didn't establish us. And when we stand before you and are telling you that this you 'Hance is unconstitutional and it's inhibiting the free capital market and things like ordi that for these business owners, it's important that you understand that. De Weerd: Sir? Mund: Yes. De Weerd: You need to wrap up your remarks. nd: Oh. Well ou have been very kind, I must say, and I just wanted to be able to Mu , y . , , ou that I am o osin this thing, because I know where it s going. It s another telly pp g vernment wa to be able to take control of the people and we just -- we have about go y on re ulations throu h the law enforcement and through the legislature and had it g g throu h our cit overnments that are becoming more and more corrupt and we are g Yg aware of it, by the way, and we are watching carefully. Thank you. De Weerd: Oka .Yes. Come forward. You read my mind. Please state your name Y and address forthe record. Anderson: Diane Anderson. 10105 Harvestor Drive. De Weerd: Thank you. Meridian City Council April 19, 2011 Page 28 of 53 Anderson: Right on the verge of Meridian, but not quite. My concern as I read this -- and here the proposal is for the risk of identity theft. You know, our law enforcement might be just as honorable as the day is bright today, but anything online can be hacked and it will be hacked by nonhonorable people and it could be in some part of the world and the thumb print -- the thumb print is what worries me. I have been the victim of identify theft and you can do anything if you had a thumb print. That just really is alarming to me. And I wanted to mention that we understand the Second Amendment of the Constitution that provides the right to bear arms. Everyone in Idaho understands that right intimately. And I have had people from other countries say, ooh -- Canada for one -- ooh, they --they let people own guns there. No. We let the government do what they want. We own the guns and we have the right to do it. And the Supreme Court has supported that. And I would say that the only people who --criminals don't abide by the ordinances. That's not who abides. The only people that are damaged and put at risk are the people who are the law abiding citizens. They are the ones who -- if there is a record of -- of what they have purchased or whatever from a dealer and someone hacks that information, the have of an address, they have got everything. They have Y g got a description of what it is --guess what, I know right where you live and I can come and find you and take your stuff in the middle of the night if I'm a criminal. It doesn't protect from criminals, it -- it puts the people -- the law abiding people at risk. So, I would say that. And the last thing is I claim association with Tea Party values as well and I thought this person who said, you know, are you going to provide a person to keep track of all this? Well, if I weren't involved with Tea Party principles, I would say you could call this a jobs bill, but that's growing government and we don't want to go there. So, just in the name of, you know, not spending taxpayer money on things that we really can't afford, we want to keep the money in the education budget and not in the criminal justice budget. So, that's all I have to say. De Weerd: Thank you. Additional testimony? Yes, sir. We will get you next. Sigman: Hello. My name is Clint Sigman, I'm from Star. I am an owner in a bullion business locally. We have got, you know, eight of us employed there and, you know, just by way of a little bit of a history lesson, in 1933 when Roosevelt confiscated gold, he did .that when gold was valued at 25 dollars an ounce and paid people 25 dollars an ounce for it and when they reached a certain, you know, point they revalued that at 35 bucks over night and stole ten dollars of value from people, you know,and that was overnment that did it. Roosevelt did that. Part of our history. And so I think there is a g .. legitimate concern about sharing this kind of information with government and I can tell you from experience that the biggest question that we get from our customers are, you know, what are you going to do to protect my privacy. They all have -- you know, our customers are -- you know, can be history buffs, you know, folks who are concerned about overnment, that's one of the reasons they are calling us, you know, devaluing g dollars, you know, ever more intrusive, you know, federal government, state government, and city government and we are seeing that here now. If we had the demand from customers of thumb prints and a copy of their driver's license in order for them to, you know, sell us the metal, it would be devastating to our business. You Meridian City Council April 19, 2011 Page 29 of 53 know, my business is in Eagle, if you guys, you know, pass this here, I suppose, you know, the smart thing that we could do would be to, you know, immediately advertise in the area that, you know, you can still sell in Eagle without all this ridiculous reporting requirement and get some business. I hope you don't do it. De Weerd: Thank you. Okay. Rohner: My name name Joe Rohner. I spoke at the meeting two weeks ago and have a few things to add, if I may, please. De Weerd: Okay. Thank you. Rohner: A couple of nights ago I did a pretty exhaustive search on the Internet of the various different city codes. The server that publishes Meridian City Code, if you click on their home page it will give you a drop down to search city codes in just about anywhere that uses that server and what I found was that very few municipalities actually regulate precious metals. One of them is Boise and I want to make sure that I point out a real important difference between the proposed ordinance and .address Councilor Rountree's question of the gentleman does the Boise ordinance serve better. And although I'm a free. marketeer in the same vein as Wayne Hoffman of the Idaho Freedom Foundation, I still would like to point out by reading one sentence that pretty much makes it clear. This is Chapter 5-20, Section 01 on the front page of that ordinance. You can search that pretty easily online just by looking at the Boise city website and going to their code. Let me read one sentence. The term precious metals shall not include any coin or any gold or silver ingot or bar. Now, this ordinance is possibly similar to what was in effect here in Meridian up until 2008, possibly, and this one has been in effect in Boise since 1981. Although it does discriminate against precious metals other than coins and bullion, it excludes them and saves all of the headaches that most of the people complain about here tonight. I would suggest that if you duplicated the Boise ordinance, as Garden City has recently just done, and it will soon take effect -- it hasn't yet, but you can go to their ordinance page and see it and it's pretty much a duplicate of this. By exempting this class of product we do not have take to 20,000 pictures of a bag of -- thousand dollar bag of junk silver dimes, which would have three different styles, probably mostly Roosevelt dimes and Mercuries and maybe some Barbers, the front and the back, and the date and the mint mark. That is pretty clear indication of possibly why those classes of precious metals products are exempted from the reporting requirements that this ordinance proposes to have. It's just cumbersome and simply not workable, aside from all of the privacy issues that people have expressed here tonight. And I think I will let that go and stand for questions if you have any, since most of the issues have been raised already. De Weerd: Thank you. Council, any questions? Rountree: No. Thank you. De Weerd: Thank you for your testimony. Yes, sir. Meridian City Council April 19, 2011 Page 30 of 53 M. Armstrong: I'll keep this short and sweet. I'm not going to take a lot of yourtime. It's been a long night already. But my name is Mark Armstrong. I'm a resident of Meridian on Bayside Avenue. Also a member of the Tea Party. I just want to make this really quick. I'm not going to -- first of all, let me tell you that I'm not a dealer in gold and silver, I don't buy gold and silver, I don't sell gold and silver, I don't have a thousand silver dimes with me. As a matter of fact, at the rate that the price of gas is going I don't have a thousand pennies, so it's not really an issue for me that way. And I'm not going to spend a lot of time getting into the fact that I do feel this is almost a presumption of guilt without any evidence of a crime on a citizen and that makes it an invasion of privacy. That's been belabored a lot tonight, so I'm not going to go into that. I'm going to tell you that I'm just an old hillbilly, I'm not real bright, but you guys have asked several times for suggestions and, you know, my daddy always told me that if you got birds in the corn, startwith a BB gun, you get the shotgun if you need it, because you do a lot less damage to the crops that way and it just seems to me that we are reaching for the shotgun right off the bat, when maybe we ought to be looking at the BB gun. And I know that I look like a real young vibrant guy, but I'm getting just old enough to remember when I used to have to go in and turn in my credit card for something and they had a list of credit card numbers on stolen credit cards and they would just compare my credit card number against that list and if my number was on there, then, they had a reason to do something about it. And so I'm going to throw the burden back on the Meridian Police Department and I'm sure the chief is just thrilled about that, but since we obviously have this database, he was able to search it, why don't we provide a list to the dealers. We are not talking about a huge number ofdealers -- of stolen goods that they can compare things that are brought into their shop against to see if there is any reason for any suspicion to begin with and, if so, then, something can be done about it. But until then I just don't think that we ought to presume that someone is guilty or even possibly guilty when there is no evidence of a crime. And that's really all I have got say. De Weerd: Thank you. Yes, sir. Good evening. If you will, please, state and address. Needhammer: Yes. My name is Rick Needhammer. I live in the Applegate Subdivision in Meridian. De Weerd: Thank you. Needhammer: Yes. My name is Richard Needhammer. I live in the Applegate Subdivision in Meridian. Originally I wasn't going to come up here and talk, but some things that came up -- the gentleman that was just here kind of stole all my thunder. Being a veteran of the Navy there was a motto that a boss of mine had that says: I have an open door policy for any problem that you have. If you come to me about a problem you will be one of two things and I will only see one. If you don't come here with a solution, then, you're part of the problem. I thought it was a really good idea that maybe as the reports came in the Meridian Police Department had a section that they could build -- this is the stuff that we have had stolen. Then, all the pawn brokers, Meridian City Council April 19, 2011 Page 31 of 53 jewelers, whatever kind of store that deals in recious metals co p uld take a look at that and say, oh, I have that item. Come on over here. Oka ?This data . y base to me, as understand it, the way I read it, is, basically, a database to accumulat e who has the most stuff. That scares me. Okay. For every transaction to be memorialized -- ' and this information will be collected, I mean it even goes to vehicle descri tion. . p What does a vehicle description have to do with precious metals? Wh does an bod nee Y y y d to know what kind of car I drive. Also with that firearms descri tion. What art of ' . p p a firearm description do you need in a precious metals ordinance. Oka .Fourth Amendmen y t and Second Amendment violations I see coming up here. That scares me. I'm not oin g g to go into all the other things. Another thing that I was thinking about, as I think there was a gentleman that used to be with insurance, the Meridian Police De artment could et p g together packets at any one of the public events that we have, set u a booth and issue p people packets on how to identify their stuff when they get home, have the descri tions p for their stuff locked away someplace else that the criminals aren't oin to et to and if g g g they are by chance broken into, they can take that packet to the police de artment I . p , have this stuff here missing. I m also a veteran of law enforcement. There were all too many times that I went to a burglary -- what was taken? I don't know. The come Y home, their house has been ransacked, I mean the amount of violation that this erson . p is feeling over their house being gone through I can't even imagine. It's never happened to me. So, I can't speak to that. But I know that I have come to a lot eo le p p completely in tears. Their house has been broken into, they don't know what was lost, and they always said if only I had written stuff down. It's the responsibility of the homeowner and the property owner to write their stuff down. I do that, because I saw so many broken hearts, so many people that had their stuff gone through. I write my stuff down. I videotape everything. I have got it locked away se crate from m p Y belongings. And all too often people don't do that. If they want to own stuff they have to have the responsibility to safeguard their stuff. That's also why -- I'm not going to go into that. That's why we have amendments in the Constitution. De Weerd: Sir, if you could summarize your comments. Needhammer: This is overreaching and I'm dead set against it. This is way overreaching. There is too much stuff in here that people don't need in a database. Thanks foryourtime. De Weerd: Thank you. Good evening. Ferness: Hi. My name is Kelly Ferness. I live in Star. Star being the bedroom community it is, we do a lot of our -- our shopping here for groceries and other things. There were two points that I -- I don't know if there is answers to these, but -- I don't know if the city has inquired -- the question has been asked a couple times about the Boise ordinance, Nampa is considering -- I wonder has the city contacted Boise at all and seen what results have they had from their database, have there been arrests made, have crimes been solved, that sort of thing, and if they haven't, maybe that's something to look at. There is obviously a cost in implementing this, probably to the dealers and also to the police department I would imagine. But it just makes sense that, Meridian City Council April 19, 2011 Page 32 of 53 you know, something to --that makes sense to look at. The other thin is I think ' g we I i ve in a globalized world, get on the Internet, you can get about an hin ou want. Hen . .. Yt g Y ce the red tape, it gets too thick, the Meridian coin dealers will o out of business. P g eople will get online, they will go to the next town or they will o where ever the can to n . g y of deal with the red tape and have a -- you know, purchase a -- a less ex ensive roduct. . p p So, I think thats a big concern is that these dealers won't be here if the red to a is too p severe. And so that hurts everyone. That hurts the tax base. That hurts -- hurts everybody. So, anyway, that's --that's all I had. De Weerd: Thank you. Hoaglun: Madam Mayor, just a comment. I can't wait until we see Mayor Mitchell a ain g and say one of his constituents referred to Star as a bedroom community of Meridian. So, we will use that against Nate, so -- De Weerd: I will. Next time I see him. Yes, sir. Stewart: Councilmen, my name is Terry Stewart and I live out on Black Cat. I have a business here in Meridian, competition to Paul. I do most of the -- well, all the stuff that the police department calls for at this time. What they haven't spoke to if something that is stolen and, then, they come and confiscate it, I'm out the money I put out for that item. I don't get reimbursed from it or nothing else. It's just taken away. I consider that cost of business. Therefore, I make sure that I don't have a lot of stolen stuff, because I listen to my gut feeling when people walk in the door. I turn away business, because I don't feel right. Igo out of my way to make sure that I don't do business with thieves. Any reputable dealer in town is going to take that point of view. As far as coins and that kind of stuff, unlike Paul, I list them as a coin collection. There might be 600 coins. can't list every -- 600 coins in my report on the -- on the police reports. The -- it's just impossible. I spend right now, depending on the day, an hour to an hour and a half, my employees, listing everything on the -- on the police report. It would be nice if I could come to work in the morning and the police department had a list of things that were stolen the night before or those things during the day. It would be hel ful to the p businesses if we knew what was coming through the door. What was out there that was stolen so we could look for it. It would be nice just to be able to do that and help out the customers. If not, the cost of business is just going to go up. It goes up for the city, because they have to buy the customers -- us the cameras to do that. It costs us time to do that, so --any question? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Mr. Stewart, you answered a question I had that I was formulating when Paul was speaking that was so you do -- if your gut tells you you might be dealing with some goods that could be dicey, you're not going to -- Meridian City Council April 19, 2011 Page 33 of 53 Stewart: I don't -- see, unlike most people, I don't have to do bu ' ' siness with people. And that's one reason I am a pawn shop, because I have the choice of whether I want to do business with you or not. And it might be because I 'ust don't like ou. Y . J y ou know, I Just -- Hoaglun: I hope not. Stewart: You know, I'm up front about that. You know, I want eo le to like me b p p ut like to like my customers, too. There are people that 'ust to be broke oor mone . J ,p Y managers at the time. If somebody's never been broke they have never done an hin . .. Yt 9 in their life and thats Just the way it is. Hoaglun: Thank you. De Weerd: Thank you. Anyfurthertestimony? Yes, sir. Halstead: Murray Halstead. I'm a native of Idaho, a resident of Meridian for some 16 years. I thank you for the privilege of speaking and I want to say that anytime I have been in an audience before this group you have always treated everyone with res ect . p and dignity and I -- thats very much appreciated. I appreciate law enforcement people and I would be the first to stand and applaud them and defend them. They have a thankless job and I'm glad they are doing it. As an individual I feel a sense of violation of my person and my space and my rights by the sense of this ordinance. So, I'm not a debator, but I just want to stand and be identified as a person opposed to it. I thank you for letting me speak. De Weerd: Thank you. Any additional testimony? I do know we have Mr. Hill as our last speaker, but we have -- yes, ma'am. Good evening. Pasguella: Good evening. De Weerd: If you will, please, state your name and address. Pasguella: My name is Patty Pasguella. I live at 1409 Manitou in Boise. De Weerd: Thank you, Patty. Pasguella: And I came here just to find out what the issues were all about and I had no intention of talking. I don't have any political affiliations and Idon't -- but I am startin to g study the Constitution and I have never voted a day in my life. I never voted throughout my whole adult life. So, I'm not here to -- to showboat or not that anybody else is, but I'm not here to impress upon any politics. But what I do know is is that based on what -- how lunderstand what's going on here and the issues here is that the whole idea of putting all this information onto adatabase -- I'm going to give you a little background about myself. I'm a victim of extreme hacking and stalking for almost seven years and I have been on Channel 2 Eyewitness News, I have been on Fox Channel 12 and KBOI Meridian City Council April 19, 2011 Page 34 of 53 radio telling my story. And just last Friday the news a er did an article on . p p my story. And, basically, I have been eavesdropped on and -- and I'm 'ust oin tom ' . 1 g g ake this really quick. I do have a point. I have been eavesdrop ed on cell hones via hackin p p g and my car was -- somebody put a GPS tracker in it and m car was bein controlle Y g d remotely via laptop computer. Very much like Bait Car. What I know is that technolo 9Y is outpacing privacy laws and I think any of -- you know, an bod -- let's sa I have five Y Y Y ounces of gold and I go to a pawn shop and then -- or if Mr. Smith oes to the awn g p shop with five ounces of gold and sells it and, then, maybe a month later he oes and g sells some more gold -- if I have access to that database via hackin -- and I'm 'ust . g 1 trying to highlight the hacking aspect of this as a very, you know, possibilit of this bein Y 9 a -- maybe a bad idea, because nobody needs to have all that information on an bod . ~ Y Y and if -- you know, no, if I m a bad guy and a hacker and I m trolling that database and I realize Mr. Smith is dropping of gold and cashing in gold, I'm going to think that Mr. Smith might have some gold in his house and I have his address. I have his cell hone, p and I know right where he's at. And just think all in all it's just a bad idea. So, that's all I have to say about that. De Weerd: Thank you. Hello. Crozier: Hi. I'm Norm Crozier, Household of Hobson. I live near 5048 Silver Spur, Boise. 83709. De Weerd: Thank you. Crozier: Madam Mayor and City Council, thank you for the opportunity and your patience in listening to me and to these people. What I wanted to say is that it seems to me that the opposition to his ordinance is on the grounds of it being an invasion of privacy and an overreach of government. The corporate government strate has real) gY Y hit us hard as a people. We are oppressed. And I know that you people do not consider yourself to be oppressors, but you're good, decent people. But when you consider this ordinance and you get into the detail of it and you even entertain it in your mind, you're on the threshold of oppression or you're sticking to it. So, if you think about this, I would hope that the opposition that each of you has to this is that it's unconstitutional and it steps on your people, because that's what it does. Comments that were made earlier, it has nothing to do with coins, nothing to do with recious p metals, the opposition to it has to do with a stepping on people. When your rights are violated, my rights are violated. When my rights are violated, your rights are violated. Stop violating our rights. Thank you very much. De Weerd: Thank you. Good evening. If you will, please, state your name and address. De Simmone: My name is Martha de Simmone. I live in Boise, Idaho, and you called my name earlier, so I will make this brief. I just stepped out for a minute. I want to thank everyone here -- all of you for listening to all of us. I hope you will take heed to all of our remarks. I entirely support everyone who opposes this ordinance. They couldn't Meridian City Council April 19, 2011 Page 35 of 53 say it more clear. I had just briefly skimmed the ordinance a few times and what I'm really concerned about is the database. I know that we have an honorable olice p department and I m -- we already discussed the hackin , but I 'ust think about the 9 1 turnover of personnel and just other ways that people can et in outside of the . g personnel that can get into the database. I don't like that. And I wish that I were u h ~ p ere right now discussing an ordinance about how we can prosecute and unish . p criminals who violate our privacy. I -- it just seems like it's slipped. Wh we are alwa s Y Y defending our innocence and our freedoms and our liberties that allow us to come here like this. Instead, you're taking that away from us and we have to prove ourself with a thumb print and all this private information that you are going to be pullin from us, I am g frightened to death of that. My late father was very -- he was -- he was ve ro ressive rY p 9 as a -- as a thinker and he -- when he passed away -- I didn't know he had done this, but he put aside some nice coins for seven siblings. I just now went to those coins. I had a dear friend who is in this room, he's a -- he's a guru of the coins and I said help me out with this, what do I do, and he just -- he would roll his eyes and we went through it and Ijust -- the thought that I would have to thumb print -- give you my information about something that I may need to do with these coins terribly frightens me. Furthermore, my father would be turning over in his grave right now the fact that I have to say this to a council -- and I appreciate you listening to us, but I'm sure this is not where he thought this was going. Thank you. De Weerd: Thank you. Okay. Any other testimony? Mr. Hill. Still have one more. McAfee: Thank you for squeezing me in there. Has somebody spoke in favor of this? De Weerd: Can you, please -- McAfee: Oh. I'm sorry. Challis McAfee. I live in Boise. De Weerd: Thank you. McAfee: Business owner. I was going to speak against this, but given all this great testimony that I have heard today I'm in -- I'm in favor of this ordinance, because I have been looking for a new business to start up and I was thinking somewhere right outside the city of Meridian limits I could start a coin shop and all the people that are, you know, bound by these new regulations are going out of business left and right, I will be taking all their old customers, new customers, whatnot, you know, and I thought of a little slogan: No shirt, no shoes, no thumbs, no problem. Thank you. Any questions? De Weerd: I'm so glad we allowed your testimony. Mr. Hill. Hill: My name is Erwin Hill. I live in the unincorporated Ada county. I do significant portion of my business transactions within Meridian. De Weerd: Thank you. Meridian City Council April 19, 2011 Page 36 of 53 Hill: I believe we have heard from the numerous testimony its concerns of what people refer to the law of unintended consequences. I believe that the -- the setup of this ordinance was the intention to catch criminals, return stolen property. What it does is it provides the patrons and proprietors of the coin dealerships the burden of proving their guilt -- of proving their innocence under the assumption of guilt. The other reasoning that's listed in the -- in the header of the ordinance is that the pawn shops already bear some portion of this burden anyways and we have heard from a couple of pawn shop owners. The correction of an injustice against one business is not expanding that injustice to other businesses, it's removal of the original injustice. At this point I would like to ask the people of the gallery if all those in favor would say aye. I believe the people have spoken. I also -- Commissioner Rountree has asked for a solution. One of the early gentlemen suggested that a notification be sent out to the pawn and coin dealers. I also believe that most of these dealers, given the volume of money that they are dealing with, probably will have video surveillance. So, it would be very easy, even for people that were turned away because they were shady, for that record to be turned into the police without any invasion of privacy and the unintended consequences that have been discussed here. De Weerd: Thank you, Mr. Hill. Any questions from Council? Okay. Thank you. Chief. Lavey: Madam Mayor, Council, kind of a hard act to follow when you hear all of that opposition and I guess all I can do is offer a response and we will take it where ever it goes. I respect the right to privacy. I respect the comments made here today. I will say that every bit of information that they are afraid of being online is already online and every bit of information that they are concerned about can still be obtained by criminals through burglaries or such. So, I understand their concern, but this isn't the only way that those people get that information. As I stated in the beginning factually, it isn't new, as it was originally stated. This law was on the books for 27 years and we have only had three years where it wasn't on the books. The reason was -- why it wasn't on the books is because we felt that the pawn broker's law would cover it. We found out that the pawn broker -- broker law would not cover it is when we asked to extend this. The question at the very very beginning is what are we trying to accomplish and let me tell you right now that was news to me that Garden City had the ordinance, but that helps the justification. If every other municipality and Ada county has the ordinance, those criminals will come to Meridian to sell their goods. Is that what we want? Nobody has to prove anything when you make the sale. All you have to do is provide your identification, like you have to do at a bank when you cash your check. Or as the gentleman just said, as you get pulled over by the police. Yes. That is true. Or when you get a driver's license. Or when you register your kids in school. And when you register to vote. It's the same information. One of the things about the thumb print I just heard is the concern about is the thumb print's not transmitted. The thumb print is maintained within the business. So, the thumb print is not online. The thumb print is required under the Boise city ordinance for pawn brokers and for those that do reside in the city of Boise and do business, I will tell you that their precious metal ordinance is coming up for review as well. I would suspect, since they require it already, that it Meridian City Council April 19, 2011 Page 37 of 53 maybe something that they will be required and in the law as well.. When it comes to the thumb print, we are not opposed to having that removed, but I will tell you that that's the only piece of information that cannot be forged and I will tell you that there has been a couple times where we have done business with the pawn brokers -- and let me say that everything that they have said is absolutely true, they have been great to work with. Although I will say that Meridian Coin and Pawn, we have had contact with them, we have had a detective contact them, because they are the business that had the dial up that they were talking about. So, we have had contact with them, but. they said they haven't. A story. On the Leads Online all you have to do is start typing the information and, then, it will start searching for names and if you type in just a couple of names -- and Idon't recall the exact one, but it was -- it was Stacy and something else and the data was misentered. The person that was doing the data entry onthe --from the pawn broker said, oh, that's the person already online, I will just put everything to that file. It wasn't the same person and it was the thumb print that actually proved that this person was totally legit, that they did nothing wrong. Whereas the items that they had listed -- the pawn broker had listed for them was stolen. So, that's just one thing to consider. I will tell you another story. Yes, the businesses -- most of them have video and the videos also helped us for identifying people. I get more than three minutes. De Weerd: Chief, don't worry. Lavey: The videos help, too, but the video only helps us is if we have some other additional information to go on, such as the name or something else. Having a picture out there does absolutely nothing for us, unless someone is willing to come forward and say, oh, I recognize that person, that's who they are. If we have a name and we can start matching the name with the picture, then, we can go forward. Surprisingly --and I guess this is because this is the way that -- I'm not found of criminals, so I hope I don't offend anybody in here. They are not the. smartest individuals and they do use these businesses to sell this property. And we have individuals that are on probation, we have individuals that are on parole that continually sell items that they have no access to, they have no jobs or anything else. And we can catch those people through Leads Online. I will tell you that those people that are doing lawful business, we -- there is so many of them we don't even now who they are. We have no interest in knowing who they are, we have no interest in searching them, anything. It's only the people that are dealing with illegal goods. Now, one individual said that I will not do business with someone that is shady. Respect that and that does happen. I will tell you that there was one thief -- I will leave his name out -- that has gone to three gold and coin stores and sold property. Not one of those businesses thought that that was suspicious, just because of the way that this person presented themselves. Nonetheless, the items were stolen. He's a thief. So, that doesn't always work. One of the gentlemen was concerned about being elderly and having a large amount of coins and I will tell you that often our victim's are the elderly and those coins and they are often stolen by their caregivers. A Voice: Objection. Meridian City Council April 19, 2011 Page 38 of 53 De Weerd: Sir. No. Please sit down. Please. Sir, please sit down. I'm sorry, but I run the meeting. We have had two hours of testimony that the chief is responding to some of the comments and it is my prerogative to allow him the respect of not interrupting. I did not hear him interrupt anyone else that was providing testimony and expect the same respect for him. No, I am not having a conversation with you, sir. Lavey: Do you want him removed? There was a comment about the low number of thefts in Meridian. And that is true, it is 46 thefts. But this goes beyond what is actually stolen in Meridian, it covers more than what is sold in Meridian. So, oftentimes ou will Y have things that are stolen elsewhere in the valley and are sold in Meridian. The database covers nationwide. So, we would still be helping out other law enforcement agencies by collecting that information. So, it's just not the 47 thefts that occurred here in Meridian. It is our interpretation of the law and it was -- of the proposed law and it was mentioned by a couple of individuals that you photograph the lot, not each individual dime. So, if it came in as a collection, if it came in as a bag, if it came in in a display, that's one item, regardless of the number that are there. And if we need to make clarifications to that ordinance we can do that. Let's talk a little bit about the pawn shops, because as they said is they do already use Leads Online. And I will tell ou Y that honest people -- 99 point -- percent of the time probably honest people use the pawn shops. They are already doing this. You have heard a couple people talk about it doesn't take that much. You know, it is an extra burden, granted, but people are already doing that. Honest people are doing business with these shops and they are still making money. Are they a victim of identify theft? I don't know. Possibly. UUas it because of this or was it because of something else? You know, we can't say. I wrote this -- it was Steven Todd Thompson or Todd Steven Thompson and if he's in the audience -- he did actually have contact with our detective as well and he did offer some displeasure in the trading comments that we have forwarded to the -- our legal department, so that was an issue for him. We had contact with him. All of the ordinances in the valley cover coins in one fashion or another. Talking about cost to the police department, talk about cost to the businesses. It's free. Cameras are provided or will be provided free. I did make -- I did -- misspoke on one thing and I thought that the pawn shops are already taking photographs. They are not. But the cameras will be provided free of charge. Under the current proposed ordinance only pictures for coins and jewelry are required. There was a comment about the information required for vehicles orforfirearms. Those are only if they are pawned or sold at a pawn shop. And that's under current ordinances. It has nothing to do with whether you own a firearm or what vehicle you're driving. It's only if you intend to sell it. One individual talked about the -- the trade shows or the out-of-town advertisements, the big flier in the Statesman, I, too, have seen it. Under our proposed ordinance they would be covered as well. I mentioned this before, but the businesses, the dealers, homeowners already keep records on file and they are subject to identity theft if they are stolen through burglaries and such. Madam Mayor, Council, I believe that covers the areas that were addressed. I heard that they don't want this ordinance. So, I guess I would leave you with this is does Meridian want to be known for the place that criminals come and do business, because we are the only city that does not have an ordinance. Thank you. Meridian City Council April 19, 2011 Page 39 of 53 De Weerd: Council, I guess I would ask if you have questions for the chief at this time. Rountree: Madam Mayor. Chief, you indicated in your comments that all the existin g ordinances that are out there deal with coins in some fashion. The matrix that we have indicates that that's not the case in Boise. I believe we heard testimon to that effect as Y well. Lavey: I stand corrected. You're absolutely correct. Rountree: Thank you. Lavey: Every other one, except Boise is the one that gives the coins. Rountree: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jeff, I understand that you have no problem taking -- De Weerd: Do you have your -- Bird: Yeah, I do. I understand that you have no problem taking a thumb print out, as we are the only ones that are requiring a thumb print and I think that was a lot of the people's concern, because if it's picture identity, you do that at the hospital, at the doctors, or where ever you go you give that in. So, if it's a thumb print, if you could live with that, I think that's something we could look at taking out myself personally. Lavey: Madam Mayor, Mr. Bird, that -- in fairness to the audience, that only covers a small part of what their concern was and we are not opposed to removing that. But you would still have to collect that personal information and I did hear that that has created some fears in people. So, that would help. We would be willing to do that. But I don't know if that accomplishes everything that we are trying to address here. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Chief, you know, the old ordinance -- we talked about it didn't regulate hobbyists and I asked the question of a gentleman earlier, Mr. Williams, his definition of hobbyists, trying to find out is there a line there of someone who, you know, just dabbles in coins and whatnot versus someone that's a constant thing. Do you have any idea what -- where that line was in the old ordinance? I think that was probably before your time, but --any thoughts on that? Meridian City Council April 19, 2011 Page 40 of 53 Lavey: Madam Mayor, Mr. Hoaglun, the onl -- the com arisons that I h v ' Y p a e noticed is that all of the county ordinances and city ordinances were in 1981, so I can onl assume Y that we got together as a group and put some sort of ordinance in effect and as ou . Y know we are all dust a little bit different in how we word things. Thirt ears a o I don't YY g know what the thought process was. I know it was probably the fact that there were only hobbyists that you dealt with and like the gentleman said is onl over the last . y couple of years has it really gained in popularity and really became a business. So again, I would have to defer to staff on that one and I don't personally have a concern about not regulating hobbyists again, but I guess we really would have to define in the ordinance what is a hobbyist versus what is someone that is doing it for a business. Hoaglun: And Madam Mayor. In your research have you found an ordinances that . Y regulate -- the requirements only fall if they reach a certain value? Just to ull a . ., ~ p number, if its 5,000 dollars and above, that s -- of course I think gold touched 1,500 today, so that's not too many coins before that, but do any cities in our memo do .. Y rY anything with minimum values? If someone comes in and does 4,000 dollars -- of course you could come in several times and do 4,000 dollars, but -- Lavey: No. You know, I'm sure -- Mr. Hoaglun, I'm sure they are robabl out there. .. p Y The only familiarity I have with the ordinance is that some ordinances will -- will differentiate between what's a collector item and what's legal tender and the don't Y really go into a dollar value, other than those values. Hoaglun: Okay. And, Madam Mayor, follow up to chief. The gentleman that raised the issue about custom jewelry and trading, that ordinance, does that get into that -- and can't remember if you -- I don't know if you addressed that or not. Are we getting into that area, which -- I mean makes sense what he's doing is a normal process, so I'm not sure how we get around that or-- if it is a problem. Lavey: I don't -- Mr. Hoaglun, I don't know if it's a problem either. I know that it was probably acatch-all wording through legal as far as buy, sell, trade, that sort of thing. I would have to defer to some others before I spoke further on that. Looking at the proposed ordinances he is correct, it would affect him. I was trying to go back and look at the old ordinance and see if it addressed that and Idon't -- it talks about trading in there, but I don't think that was really the intent that the old ordinance was getting at. So, we could address that as well. Hoaglun: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The suggestion was made that we proactively notify pawn shops and coin dealers, precious metal dealers when we do have a report of stolen property. Are we able to do that and are we perhaps already doing that? Meridian City Council April 19, 2011 Page 41 of 53 Lavey: Anything is possible with money. That is a major staff commitment and it would require additional staffing, but we could do that. De Weerd: I'm sorry. Thank you. Zaremba: Thank you. De Weerd: Any further questions from Council? Chief, I guess I have heard a lot of concern expressed tonight and some comparisons with other ordinances and even our precious metals dealers and our pawn shop owners that have skin in the ame, so to g speak, and it seems like Mr. Osborn from --who lives in Nampa mentioned an a roach . pp that their city took in crafting an ordinance that met the goals of the olice de artment p p and the shop owners that would be affected and the citizens who had concern about the invasion of their privacy, that they came together and found somethin that seemed . g palatable for --for those involved. Would it make sense at this point to take a ste back . p . and to convene a group to look at the ordinance in Boise, the proposed ordinance in Nampa, and start bringing some similarities to the different communities to have more of the commonalities of -- of enforcement and have some dialogue on some of the concerns that have been expressed? Lavey: Madam Mayor and Council, as you recall in March when we brought this in front -- or, actually, it was in February when this was brought in front of Council, you asked us to go out there and make contact with every business that was dealing. We did that. We provided them with a copy of the ordinances. We took their comments and we encouraged them to give us additional comments. I shared that three pa a list with 9 Council several months ago, so we already went in that direction with the businesses. We did not do -- we did not go into the direction with the citizens that do business with those --those dealers and if that's the direction that you wish us to take we can do that, yes. De Weerd: I guess I put that out there for both your and Council's discussion and looking for any feedback. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Before I go there, there were a lot of -- to me the concern that I heard tonight is privacy and let me assure you folks out there that I am very concerned about that as well. Some of you folks have indicated that .you have been a victim of identity theft. I have. And I can tell you I feel your pain. I know how frustrating it is to unweave the mess that some no good nick out there did in terms of violating essentially all of my financial records and it's not a good place to be. I have no idea how it was done. I will tell you the best support from the IRS, Social Security, Federal Trade Commission, senators' offices, state department of law enforcement, state judicial folks that look at no Meridian City Council April 19, 2011 Page 42 of 53 good nicks, the best direction and help I received was from Meridia ' n Police Department. So, I have a lot of faith in what they can do. But I do under stand your concern for privacy and I have been at it eight months and it still isn't untan led. I ' . g is not a fun place to be. My question, though, is for Bill. There were a lot of folks -- an ' d I m not a legal scholar, as you well know, but the question of constitutionalit -- cert ' ' y ainly that s been raised before, because we have evidence before us that the cit actual) ' y y had this ordinance in place atone point in time and a number of cities around us in ' cluding our county, has this ordinance in place in some form or another at this oint in ti p me, particularly as it relates to providing identification, with the exce tion of the thumb rin p p t. Has that question been addressed at any point in time in an of those? And I su Y spect you dont have that answer, but can you get that answer? Nary: Madam Mayor, Members of the Council, Council Member Rountree well in our research for preparing this ordinance that my staff attorney crafted, I mean we did research other states and other cities. The general police powers under the Idaho Code in Title 50 -- and I know a gentleman spoke about that -- do rant olice owers to cities g p p to enforce to protect life, liberty and property of its, citizens. Courts have addressed that in a number of cases in regard to how intrusive can that be and it is -- it is not a tar et . 9 that I could tell you exactly -- to point to, but certainly gatherin information for . .. g identification purposes has been upheld by courts all over this country and the Su reme p Court numerous times. So, I don't have any issue that it's constitutional to toda . I don't Y have any issue that the ordinance that we are proposing is significantly different. I do have the ordinance that we used to have. If the Council is interested I could ma be . Y answer a couple of those questions in regard to what we used to regulate and what's proposed to be regulated now. But gathering information for identification purposes for the purpose that the police have requested it, has certainly been upheld by courts in this state and others. Rountree: Thank you, Bill. And, Mayor, to your question to the Council, I -- it's always a good thing to do to encourage and provide an opportunity to develop focus group or a task force or whatever to look to the problem and come with solutions and look at this ordinance and see what the solutions might be. I would favor not necessarily a step back, but that's the step forward, taking what we have and it needs to be exercising whatever shape, fashion or form to -- to do as Bill indicated, that we do have the ower ... p and we do have the responsibility to protect and provide safety and protect private property. So, it's being perceived as that's a bad thing. People are correct, we did take an oath and part of that oath is to do that. Is this the right way to do it? Apparently it doesn't seem to be tonight. So, I would -- I would welcome moving forward, that way if we can -- if we can figure out howtoget that done. And one final comment --and Pat is no longer in the room, but she made a statement tonight that struck me havin been not 9 near as involved as she was in the access to private information, but technology is out pacing privacy and I would say technology is outpacing a lot of things we do today and I think this whole area of technology could be part of the solution. Hoaglun: Madam Mayor? Meridian City Council April 19, 2011 Page 43 of 53 De Weerd: Mr. Hoaglun. Hoaglun: I just want to say I agree with the chief when he says he doesn t want Meridian to be a place where criminals come to do business I ' . mean thats -- I dont think anybody wants that to happen and the Meridian Police De a ' p rtment is doing the best they can and they do a good fob of it and the are alwa s looki . Y Y ng for ways to do better fobs and greatly appreciate that. And it's 'ust a matter of if we m ' ' 1 ove forward it s how are we going to do this. And I think a lot of uestions were raised and I ' q think I have more questions than answers and I think it's good to step back and sa ma be we can do y Y better and maybe we can take some of the concerns and look at these thin s g and say, you know what, maybe we can tweak this, maybe we can make this more acceptable, maybe folks will live with this and invite the input of folks to -- to do that. We got to make sure if we do it I prefer to do it right than do do-overs. So I think our su e Y gg soon is a good one and to take a step back and see what we can do and come u p with maybe something a little better. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with that wholeheartedly. Make sure we get it ri ht so we are not . .. g back redoing it in a year or so and have problems in the meantime. But I also ho ewe p can draft up something that would not take liberties away, which I don't think we are, but we are still protecting the citizens of the city that we are charged to do and legally I don't know how we do this after the second reading, how we go about it, but -- or if we even have to continue or how we go about it and I do respect all the work that the chief and the Police Department's put into this and -- and I believe we got the finest -- Zaremba: Madam Mayor? Lavey: Madam Mayor? De Weerd: I'm sorry. Mr. Zaremba. Zaremba: If I may say something, but let him go first. Lavey: Okay. Madam Mayor, Council, Mr. Hoaglun and I had a discussion I believe yesterday or the day before and one of the statements I made to him was that there is no rush to do this, that we wanted to do it and do it right. So, I guess that leads into what you are suggesting what I'm hearing Council say. I, too, am not a legal scholar in regards to forming the laws. We enforce them and so that's why we defer to the legal department and kind of gave them a guideline of what we were looking for and .what everybody else is doing and this is what we got. Perhaps there is a way that the Mayor's office could entertain some interest from maybe the businesses or some of the citizens in the audience that may be willing to sit on a board. I don't know what the optimum number is. I know that when we get too large a number we don't get anything Meridian City Council April 19, 2011 Page 44 of 53 accomplished, but we need to get afair enou hnumber to -- to ' ' . g get those opinions out there. Five maybe. According to him. Mr. Bird. And we ca n sure explore that. And, Mr. Zaremba, you had a comment? Zaremba: Yes. Thank you. Madam Ma or and chief -- actual) ' Y y, two different subjects that I would like to address. One is that I -- I do feel it's in a ' . , p rt of our important responsibility to deal with this issue and resolve it somehow. I a reciate the th pp comments at were brought up tonight and I think it's very clear that we do need a little ' bit more work on it and I do feel it would be a step forward to ather a citizen co ' . g mmittee to discuss it. I suspect we can suspend the second readin and not move fo ' g rward with it until somewhat of the wording has been changed, I am in favor of movin forward. I .. g do believe that it is our responsibility to resolve this problem. But I also feel that it c an be tweaked and many of those subjects were brought up toni ht. As a second sub'ect I g ~ , would really like to thank everybody for coming tonight. You have taken our time to Y come and express to us some well thought out opinions. I learned some thin s toni ht . 9 9, thats why we have public hearings, and I really appreciate ou comin . I would onl Y g Y say that we feel we deal like this issue -- with issues like this eve week and I wish ou ry y would come more often. But thank you for coming, De weerd: Mr. Nary, procedurally? Nary: Madam Mayor, Members of the Council, if it's the desire of the Council, from what I'm hearing, to take this matter back, create a focus group to help address some of the issues being raised and maybe additional issues that may be discovered as art of that p process, then, I would still recommend you make a motion to that effect and there is no necessity to do the second reading of the ordinance tonight, which is your next item, nor would they need to do a third reading, because what would likely come back to ou . Y would be in a different format in some --and because there would be enough of a break between tonight and a future reading, it would most likely make sense to do a first reading all over again with a new ordinance. De weerd: Council, certainly as has been made and suggested by the chief, since I made a suggestion to him, he put it back in my lap, anyone who would have an interest --and if you don't call my office to volunteer I might volunteer a couple of ou. So, if ou Y Y have an interest I would certainly encourage you to contact my office and we will ull p this committee together and hopefully we can come up with something that serves our community and our community desires and needs and I see that it is fine balance that we have in front of us and I think we have some people up to the task. So, Council, at this point I would need a motion. Hoaglun: Madam Mayor? De weerd: Mr. Hoaglun. Meridian City Council April 19, 2011 Page 45 of 53 Hoaglun: I move that in place of movin forward with or ' _ g dinance number 11 1479, that a focus group be established and convened b the Ma y yor and that they come up with potential language that --for Council consideration in the future. Bird: Second. De Weerd: Okay. I have a motion and a second. An disc ~ y ussion. Madam Clerk roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, ea; Hoa lun ea. Y g ,y De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Second Reading of Ordinance No. 11-1479: Precious Metal Dealers (First Reading on April 5, 2011) De Weerd: Chief, I appreciate you and your comments and certain) I know som ' . , , , y etimes its difficult to sit through personal attacks, but we appreciate our olice de artment and p p your dedication to protect and serve and I know it is a fine balance that ou walk. I . Y would also like to thank all of those that joined us tonight. We a reciate the res ectful pp p nature that you showed each of the people that got up to testif and we are rateful that .. Y g you were here and joined us. So, thank you. We are only on item 6-A and so we have a whole agenda in front of us. I will go ahead and recess for five minutes so we can get onto our next item. (Recess: 9:41 p.m. to 9:54 p.m.) Item 7: Items Moved From Consent Agenda De Weerd: I will go ahead and call this meeting back to order. We are on Item --there were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: MDA 11-003 Meridian Vision by Kevin McElro Y Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations De Weerd: So, we will move to Item 8. Mr. Nary, do I need to open this ublic hearin .. p g if it has not been signed appropriately? Meridian City Council April 19, 2011 Page 46 of 53 Nary: Madam Mayor, Members of the Council es . , y ,you do. Actually, there is three methods of notice. They did perform two of them. One of th ' em was defective, so we didn t make them redo that, but if you would o en the meetin ' p g and continue it. De Weerd: Okay. I will go ahead and open the ublic hearin - . p g on MDA 11 003 and, Council, I will entertain a motion to continue this item to A ril 22 p nd. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue public hearing MDA 11-003 to A ril 26 2011. p , Rountree: Second. De Weerd: I have a motion and a second to continue Item 8-A until A ril 26th. All th p ose in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Mayor's Office: Resolution No. 11-785: A Resolution Re- AppointingJohn Gonzales to the Police Seat of the Meridian Traffic Safety Commission De Weerd: Item 9-A under the Mayor's office. In front of ou, Council ou have . Y ~Y resolution 11-785, reappointing Sergeant John Gonzales to the police seat of the Meridian Traffic Safety Commission. I would need a motion to authorize this reappointment. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we approve resolution number 11-785, reappointin Ser eant John ~. g 9 Gonzales to the police seat of the Meridian Traffic Safety Commission. Rountree: Second. De Weerd: I have a motion and a second to approve the resolution on 9-A. Madam Clerk, will you call roll. Roll-Call:.Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council April 19, 2011 Page 47 of 53 MOTION CARRIED: ALL AYES. B. Continued from April 12, 2011-Plannin De artme ' g p nt. Cost Share and License Agreements with Ada Count Hi hw . Y g aY District (ACRD) for the Landscaping and Maintenance Associated with the Ustick, Duane to Cam ton and the . p Franklin, Ten Mile to Linder Roadway Pro'ects J De Weerd: Item 9-B is continued from April 12th under our Plannin g Department. I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. As ou n -- . y oted in the on the agenda this is a continued item. In fact, I think it's the third time I hav e been here now to talk to you about these two cost share agreements for Ustick Duane . to Campton, and Franklin, Ten Mile to Linder. I will also oint out he's on p e of the few remaining in the audience and for his boss who may be watchin online Crai Herndon . g g , who is the project manager from ACRD on both of those cost share a reem g ents and projects. Both of those projects, again, just to quick) reiterate are tanned f . Y p or construction in 2012. Under the terms of the draft agreements the cit is res onsible for . Y p reimbursing ACRD for the installation and maintenance of the arkwa areas between p Y the curb and sidewalk for the properties that are in Ada count . So the ones that r Y ae already in the city already have the detached sidewalks and the landsca in that cit pg y code requires. Back in January we discussed the interim treatment. More recent) the Ma or and Y y our legal department Mr. Nary represented the city at ACRD last week and the commission voted to use the language that they had reviousl used in a reement p Y g for Ten Mile last year in a cost share agreement we did with them and so the two documents that you have before you now that we would ask for our a royal and the Y pp Mayor's signature on do have language similar to the last a reement we did with ACRD . g regarding roadway projects. So, that is a very quick staff report. If ou would like me to ,. Y go into anymore details I certainly am willing to, but I just thought I would ive a uick g q refresher and an update that we now have consensus I believe from le al de artment g p and other city staff on the agreements. We would ask for your si nature and a royal g pp this evening. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: First off, I want to thank staff, Bill, and the Mayor for continuin the effort with g ACRD to get the language right and unless there is other discussion, I would move that we approve and authorize the Mayor to sign the cost share license agreement and maintenance -- landscaping maintenance associated with Ustick, Duane to Com ton, . p and Franklin, Ten Mile to Linder Road projects. Zaremba: Second. Meridian City Council April 19, 2011 Page 48 of 53 Nary; Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, just so ou also know to -- and m Y aybe Craig said it -- or Caleb said it, but I missed it -- it is on the a enda for tom r ' g o row s meeting for the ACHD in anticipation of tonight. So, ho efull tomorrow the will p Y y approve it as well and life will move on. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need to add the motion --authorization for ou to si nor -- Y g Rountree: I said that. Zaremba: -- is that assumed? Rountree: I said that in my motion. Zaremba: Okay.. Thank you. De Weerd: Okay. We have a motion and a second. An discussion? Madam Clerk. Y Roll-Call: Bird, yea; Rountree, yea; Zaremba, ea; Hoa lun ea. Y g ,y De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, with this they -- they wanted to move these forward and are ve interested i ~ n meeting on a joint meeting to discuss some of the concerns that the cit has had. Th Y ey had not. realized that we did not have a response to the letter that was sent from the city in response to the TLIP and some of the items in that so that will be an item for a joint meeting that we are working to setup. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If we all could receive that original letter that would be hel ful because I'm . p , sure I wont be able to find it, so we can put in place what our on final comments were 9 and I would suggest that we, then, all look at the proposed resolution, which -- or their Meridian City Council April 19, 2011 Page 49 of 53 resolution, which they will probably be proposing as an ordinance, and get our thou hts 9 together before that meeting. De Weerd: Very good. C. Planning and Legal Department Joint Report: Cost Share Agreement Discussion Hood: Madam Mayor, I assume we are 9-C or do you want to officially move to 9-C, because that is part of the --the discussion on 9-C. Rountree: Madam Mayor, I'm addressing that as 9-C because of your comment, but I am not in a position tonight to reread the resolution and try to remember what we said originally to go through any kind of discussion. Hood: And, Madam Mayor, I know it's been a long night, so I will resend our letter from about two years ago is when ACHD adopted their cost share policy. We, essential) , Y asked for some more time to review that -- was the meat of our letter, just because it progressed very quickly and we wanted some more time to comprehend how this would impact the city and doing business with ACRD. And also forward on some joint meeting notes, because we did talk about that in joint meeting. That would have been about two and a half years ago. I will also forward on the staff memo that I prepared in preparation of that meeting and, then, the current cost share policy at ACHD. I can come back next week or two weeks or whenever. We were asked by Sally Goddell at ACRD, they are looking at potentially making their cost share policy an ordinance and so they wanted to know -- and Madam Mayor and Mr. Nary, please, help me if I'm missing these gaps, but I understand last week when they were at ACHD, ACHD asked, well, what is exactly the city's rub with the cost share policy. So, if you're not comfortable doing that tonight that's fine, but Ididn't -- enough time has elapsed that wanted to make sure that I was portraying what our issues really are with the cost share policy as they look to implement it. So, I think with that I will stand for an other . Y questions or comments, but that's where we are at. I told Sally I would get back after hearing from you what --what exactly-- we don't like her bullet points that we would like to see addressed, so -- Nary:. Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council -- and I would concur with Caleb, I know it's been a long night and there is a lot of information to digest for the Council. Mi ht I g suggest that as Caleb will contact Ms. Goddell to verify timing -- because he's correct, at the meeting last week that the commission did direct their staff to look into our concerns. I don't know how fast they were expecting that, but Ms. Goddell was very quick in following up and asking those questions. In -- probably in two weeks we could put this on your agenda for at least a discussion item if you're ready to have that Meridian City Council April 19, 2011 Page 50 of 53 discussion, if not three weeks at the next workshop -- one of those two robabl -- at . p Y least discussion -- if not three weeks is your next workshop, so I mean one of those two probably is at least a reasonable target. I don't think -- and I don't know what their timing is. Last week they were talking about creating an ordinance, but I'm not sure what the speed of that process is for them, so I think the intent from the commissioners was to make sure that they address -- the ACRD staff addresses the concerns or at least is aware of them, so they can at least report that back to the commission but certainly a couple weeks is probably doable. Rountree: Madam Mayor and for you or Bill, since you met with ACRD, did the y indicate a time when they would like to get together or just if they want to et to ether? 9 9 Nary: Madam Mayor, Members of the Council, Council Member Rountree, I don't think they were picking dates, I think the intent from the director was to et with the Ma or's .. g Y office and coordinate a point meeting date that will work for their commissioners and the Council, so -- and I don't know -- we didn't even talk in general the conce is of timin p g between June, July, or exactly when they would be looking at that. Or sooner. I don't know. De Weerd: Mr. Rountree, I did get together with Commissioner Arnold and we will be getting our calendars together and it might easier doing it through the clerk's office with Director Wong's office as well. And I met his new person, but I don't recall her name. Rountree: Stephanie. De Weerd: Stephanie. Yeah. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: While Caleb is still here, a few days ago some of us were at the Air ort Road . .. p -Overland Road connection joint meeting of several agencies and- the thou ht was . g expressed after that that -- or somewhat during it as well that the ACRD commission feels the need to have a public hearing in Ada county on some of the sub'ects and .. J suggested that the City of Meridian and Ada County Highway District have a joint ublic . ~ p hearing to hear from the public about Ada countys input on that corridor connection and I just wanted to mention that as a heads up. I don't know if anything has been done on picking a date for that, but it should be soon I would think. Hood: Madam Mayor, I don't have adate -- that just happened yesterda , so -- we did Y talk about that after the meeting. Zaremba: Was that only yesterday? Hood: Yeah. Meridian City Council April 19, 2011 Page 51 of 53 Zaremba: It seems like three days ago. ' bout that at the staff level as well, if we are going to choose an Hood. We did talk a ' in all the folks that would be responsible for implementing it alignment and a study hav g • ~ ~ ' int ado tion. We haven't quite talked to legal and the clerk doing a point hearing and ~o p ' to make that ha en. Potentially, though, we could talk about about all of the logistics pp ' re we have a ublic hearing on Airport-Overland, so that may be a cost share right befo p ve both of the --the full bodies there to do a joint meeting and, then, place where we ha ' ublic hearin otentially. So, just -- if you get the calendaring that follow that up with a p g p ense to -- to work that out and kill those two birds, if you will, with that may make some s one meeting, so -- ' Well --and another ve timely item is the split corridor and I think there is a De Weerd. rY , ' to that that we need to have that discussion at the joint meeting. So, don t time element much on the -- on the late, but those are certainly three items. And I want to get too p ' u a follow-u note on that. I think on the airport alignment something that did send yo p ' n Zaremba and I talked about afterwards, is to look at land uses. I know that Counc~lma ' loner Baker had brou ht that up on something that she would be looking Commiss 9 . . o the cit on -- we need to look at the sewerability and some of the utility tows rd s t y ' tions in those areas as well. So, I think we have a little bit of discussion to do considers before we meet with the highway district perhaps. ' Thank ou Madam Ma or. And Bill just threw out there June, July and if that's a Hood. y Y time frame -- if that's the earliest we can get a joint meeting, we -- I can have you on land uses and sewerabilit probably before then, but we will see how that all answers Y shakes out. eerd: I'm not sure if the want to wait until summer to address the TLIP stuff, but De W Y we will work with --with the director's office. Hood: Thank you. Item 10: Ordinances A. Ordinance No. _ : ZOA 11-001 Unified Develo ment Code UDC) Text Amendment by City of Meridian p ~ Planning Department Request: Amend the Text of Certain Sections of the UDC to Include General Clarifications 1 Clean- U Items; Standards for Pathway Lighting Along the Eagle p Road Corridor; and Allowance for a Council Waiver of Certain Stormwater Integration Standards De Weerd: Oka .Oka .Item 10, Ordinance 10-A has been requested to continue to Y Y April 26. I would need a motion to do so. Meridian City Council April 19, 2011 Page 52 of 53 Rountree: Madam Mayor? De Weerd: Mr. Rountree. • that we continue the ordinance under Item 10-A until April 26th. Rountree. I move Hoaglun: Second. a motion and a second to continue Item 10-A on ZOA 11-001 to April De Weerd. I have 26. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Ordinance No. 11-1481: RZ 10-004 Waverly Place by Robert Mortensen, Mountain West Entrust IRAIFBO Located at 2150 E. Ma is View Drive: Request: Rezone of 5.17 Acres of Land from g . L-0 Limited Office) to R-8 (Medium Density Residential) Zone ( Weerd: Item 10-B is Ordinance 11-1481. Madam Clerk, will you, please, read this De by title only. Jones: Thank ou, Madam Mayor. An ordinance RZ 10-004, Waverly Place for the Y . rezone of Lot 6 of Amended Magic View Subdivision at a portion of East Magic View Drive located in the southwest one .half of the northeast one quarter of Section 17, hi 3 North Ran e 1 East, Boise meridian, Ada county, Idaho, as same is Towns p g . recorded in Book 52 of Plats at 4,445, Records of Ada county, Idaho, as described in Attachment A and annexin certain lands and territory situated in Ada county, Idaho, g .. . nd ad'acent and Conti uous to the corporate limits of the City of Meridian, as required a 1 9 .. b the Cit of Meridian, establishing and determining the land use zoning classification y y of 5.3 acres of land from the L-O, Limited Office Zoning District, to the R-8, Medium Residential Zonin District, in the Meridian City Code, .providing that copies of Density g this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and he Idaho State Tax Commission, as required by law, and providing for a summary of t ,. the ordinance and roviding for a waiver of the reading of the rules and providing an p effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like it read in its entirety. No? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seein no one wanting to hear this read in its entirety, I move that we g approve ordinance number 11-1481 with suspension of rules. Meridian City Council April 19, 2011 Page 53 of 53 Zaremba: Second. Weerd: I have a motion and a second to approve Item 10-B. If there is no De discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics e Weerd: Item 11 under Future Meeting Topics, you heard one tonight and that's a D . follow u on land use for the airport alignment --Airport-Overland Road alignment. Any p other item to considerforfuture agendas? Rountree: Madam Ma or, the other one we heard was a discussion on a proposed Y tential ordinance with res ect to ACRD. So, that would be a future topic of po p discussion. De Weerd: Very good. Anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adjourn. Hoaglun: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:1.~;~R:f~.:~ .'~` ~,~ UDIO RECORDING ON FIL~~ P~I~~~'~~CEEDINGS) A ~~ ~: d' iM ~ ~ ~' ~ ~ ~ i lI AYO MMY De WEE ~-~ ~ ~ ATE APPROVED ~~~, .~.:a.~~ ~~ ~~ ~. ~~ AST ~ "~~~ ,. ., x f OMAN, CITY CLERK ~~ ~a ~~aP~td~llil9~~i~~~