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HomeMy WebLinkAbout2008 03-25Meridian Citv Council Meeting March 25,,2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March 25, 2008, by Mayor Tammy de Weerd. Members Present: Mayar Tammy de Weerd, Keith Bird, Joe Bortan, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Tracy Basterrechea, Ron Anderson, Kyle Radek and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will call tonight's meeting to order. Thank you for the few that have joined us this evening. It's always nice seeing you, Brenda. It is Tuesday, March 25th. It's 7:00 a'clack far the record. We will start tonight's meet with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Okay. Tonight we will be led in the pledge by Ralph. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation: Bishop David Keeley. De Weerd: I know that Bishop Dave is here, but I can't remember his last name. Keeley: That's okay. De Weerd: Pardon? Keeley: That's all right. Meridian City Council March 24, 2008 Page 2 of 26 De Weerd: So, he goes by Bishop Dave. And he will lead us in the community invocation tonight. If you will all join us in the community invocation yr take this as an opportunity for a moment of reflection. If you will step to the microphone. Thank you. Keeley: Our Heavenly Father, we are, indeed, grateful for this opportunity we have to meet as a City Council and as members of the Meridian City here. Father, we are grateful for thy blessings upon us and for this great land in which we live. We pray that they spirit would be given unto us that we may make appropriate and right decisions as we govern in the affairs of men here upon this earth. Wilt thou bless this town council and the Mayor that they make decisions that will benefit this community and bring greater joy, peace, and happiness to the inhabitants of Meridian here. And, Father, we again acknowledge thy hand in our lives and are grateful for it and this we do in the name of Jesus Christ, amen. De Weerd: Now, Bishop Dave, I will ask you what your name is. Keeley: David. De Weerd: Okay. What is your last name? Keeley: Keeley: De Weerd: And, see, because I just called -- kind of called you Bishop Dave when I came in here, so it kind of stuck in my mind. Keeley: That's okay. I have been called many things. De Weerd: Me, too. I wonder ifi they are the same. I hope not. Keeley: Probably not appropriate for -- De Weerd: I would like to present you with the City of Meridian pin that will some day soon be obsolete, because we are almost out of them, so they are coveted. You might find them on eBay some day, but we appreciate you being here tonight leading us off with the right message to set the tone for our meeting. Keeley: You're welcome. De Weerd: So thank you. Keeley: You're welcome. Thank you. Item 4: Adoption of the Agenda: Meridian City Council March 24, 2008 Page 3 of 26 De Weerd: Thank you. Bishop Keeley. Thank yau. Okay. Item 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Let's see. When we get to the Consent Agenda I will ask that items J and K be moved to Item 7 and I understand that both Item 8 and Item 9 need to be continued to April 1st for failure to post. With that I move we adopt the agenda as modified. Bird: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as approved. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. I don't have whatever you just read off of, so I don't -- Anna, did you give a report tonight, which I don't have in front of me? Holman: Madam Mayor, I put one in front of everybody's station. De Weerd: Thank yau. Canning: Madam Mayor, Members of the Council, I did not provide meeting notes tonight, because there is just the temporary use and I have it all on the slide show. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 9.7(x4 acres from RUT to C-C zone for Settler's S uare Subdivision by Seagle Three, LLC - 870 West Ustick Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone far Settl_er's Square Subdivision by Seagle Three, LLC _ 870 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 019 Request for Annexation and Zoning of 15.49 acres from RUT Meridian City Council March 24, 2DD$ Page 4 of 26 to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement A reement for Gardner Ahl uist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Agreement for 10-Mile Christian Church: F. Change Order No. 4 for th__e North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $13,952.00: ~~ H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: I. Task Order No. 2.6 for CEPT Pilot Test Support with CH2M HILL for $9,973.00: L. Temporary Construction Easement between City of Meridian as Grantor and ACRD as Grantee for Split Corridor Phase 1: De Weerd: Well, thank you. Okay. Item No. 5 is the Gonsent Agenda. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: With a request to remove Items J and K from the Consent Agenda and put them onto Item 7, I hereby move that we adopt the rest of the Consent Agenda and for the Mayor to sign and the clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: Meridian City Council March 24, 2008 Page 5 of 2fi A. Planning Department /Legal Department 1. Discussion of the Outdoor Sales and Tem ora Use Permit Ordinance: De Weerd: Okay. Item No. 6 under Department Reports, we will start with the Planning Department with the discussion of the outdoor sales and temporary use permit ordinance. Canning: Madam Mayor, Members of the Council, this is the second discussion you have had regarding this. We have not yet had a Public Hearing. I believe the first Public Hearing is scheduled for April 1st. We wanted to give you an update of where we were and the work we have done within the last couple weeks. I apologize that I wasn't able to make the last one, because I was sick and Emily wanted to apologize for not making this one, but eventually we will both show up to help explain any questions related to this matter. I had the clerk make a copy of a draft that Mrs. Kane forwarded to me today that has some changes based on the previous conversation you had. So, if you look at like page two of that draft, you will notice that under First Amendment activity there is a new -- or a last sentence that says this definition shall not include activity that damages, harms, or injures persons or property and, then, that was added per Councilmember Zaremba's request on the March 11th, '08, hearing. So, you will see comments as we go through thane. I wasn't going to spend any significant time on those, but if you have concerns about how Mrs. Kane has addressed a previous issue you raised, you can send something to either her or I and we will make sure we address it correctly. Are there any questions with regard to the general edits from the previous draft? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, not a question, but a comment, a thank you to have the side notes with who the comment comes from and what it was for. Very helpful. Canning: And, actually, yeah, Emily did that for me, since I wasn't at the last one, I didn't know what exactly had gone on, but I will relay to that Mrs. Kane, that those were helpful in general. And they are also based on not only your discussion, but I met with Teri Backman and we came up with some changes as well, So, when you see the -- that kind of comment added per Teri Backman input, that was the discussion that Mrs. Backman and I had and, then, I relayed those to Mrs. Kane. So, we have addressed a number of issues. I think there are. still a few things that we want to make sure we are on the right track and a few things that perhaps I have labeled them outstanding issues, but I think we just need more input from Council on a few items. First of all, let me go through a couple things. I think at your March 11th meeting Councilmember Rountree Meridian City Council March 24, 2DD8 Page ~ of 2B asked that the square footage limitation be removed from real estate sales office. There is a 700 square foot limitation. And Mrs. Kane didn't understand some of the background history of that one. She was concerned about removing it. I assured her that there is really no concern and we can go ahead and remove that square footage and so we will -- that is not in the draft that's before you, but she will make that change quickly. The next draft won't have that square footage limitation. Now, with regard to the parks permit, this was kind of a big change. The original idea was to still have parks permit do -- the parks department do the permitting for events that were only in the park. A lot of events are in the park and also on the Dairy board side or also in the street or -- but there are same that are only in the parks. So, originally, we thought that the parks department would just do those. Unfortunately -- well -- and, then, the idea was, basically, to take whatever we came up with for Title 3 for special events and replicate that for the parks department and, then, they could implement that through their office. But they aren't -- it didn't address the need or the -- for sign regulations. So, that was unfortunate. So, that we didn't see how we could regulate signs through the parks department. So, we pulled it all back and we wrapped it up in the temporary use permit again. So, there may be ones which are going to the parks -- you still got to go to the parks and they are going to make the first call on whether or not you exceed what they can allow just by themselves. So, you know, if it's grandma's 80th birthday party in the park, they can make the call, you know, that's not a special event, that's just a birthday party. But if it's -- if it's something that really meets the threshold of special event -- and we will do some training with the parks department to make sure that we are all on board with our definitions, but -- so, they will make the call and, then, they will send them to us if it needs to be an outdoor market or special event, they will send it our way. So, we have modified the chart and none of the lines show up now. There were lines -- the columns were showing up earlier, I don't know why they are -- they are rather ethereal. But this is that decision tree that I think you saw last time. Apparently had same -~ some irreverent employee head skull and crass bones on there that were asked to be removed. They are gone now. They are red instead. But, basically, we have taken the parks department out of this one and made some modifications with regard to that. It's probably not large enough to see, it is? And Idon't -- and this one's really fuzzy. Did Mrs. Kane go through this in much detail? Do you want to go through this in much detail? This is not something we are looking to codify, this just helps us make decisions as to what kind of temporary uses are -- we were excited about this in our nerdy kind of way, because it gave us some way to finally structure and think about temporary uses. So, it was very helpful for us in kind of just getting our arms around this concept of temporary uses. And so the first question -- I will go ahead and read it for you. Are you traveling -- or are you a traveling or door-to-door salesman. If the answer is yes, then, you come down to this blue square and -- purple square and it says you're a mobile sales unit and you need a mobile sales unit license. So, that's very straight forward. If the answer is no, then, you have to go on and ask additional questions. Are these selling fireworks? If the answer is yes, then, you need a temporary fireworks stand for anon-aerial common fireworks permit. Okay. If you answer no to the fireworks, are you closing a public street? If the answer is yes, you go Meridian City Council March 24, 2D08 Pago 7 of 26 through the citizen use permit process. And, then, this is an interesting one. Are you only on a public street? If the answer is yes, you're dune. That's all you need. If the answer is no, you still got to work your way through the entire thing. Now, this is important because this gets to a streamlining question I'll ask you later. So, the next question: Are you or does your use include a temporary vendor or vendors or entertainment? If the answer is yes, are you on vacant or undeveloped property. This, again, is an important question. If the answer is, yes, you're on undeveloped property; we are saying you're a prohibited use. I know that this is kind of an outstanding issue. I'll talk about this in a moment. No -- if you answer no, so you're on developed property, are you on property you own, lease, or lawfully possess? Yes. Are you a resident? If so, then, it's just a garage sale and that's all you need to know. You don't need to get a permit. If you're not in a residence -- De Weerd: Why didn't you just ask if you were a garage sale first ofF? Canning: That would be too easy. Ifi -- if you're not in a residence, then, are you a promotional sales -- then you're a promotional unit or you're model homes or a real estate sales office and those do require a temporary use permit. So, that's that chain there. Going back over, if you answered that, no, you're not on property you possess, then, are you a single vendor and not located within a city park? If the answer is yes, then, it's a temporary sales unit and you need a temporary use permit. I wanted to take the opportunity to explain the difference between temporary sales unit and promotional sales unit. Barton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, can I -- real quick interruption. Can you -- what is the definition of developed property for use in this? Canning: I think that what it says in the code is that the landscape buffers need to be in and the site needs to be developed with at least the landscape buffers and we are looking for some dustless material that's not -- so, we are not on a dirt lot, basically. Borton: Madam Mayor? Would it make sense to include that definition in the definition portion of this? Canning: It is. Borton: It is? Canning: We added -- we changed the definition of dustless before it was concrete or asphaltic concrete and we expanded it so that it was the same as the definition in the Meridian City Council March 24, 2008 Page 8 of 26 UDC. And we will come back to dustless, because that's a big outstanding issue. If I could just get through the decision tree for a second and, then, we will come back. Borton: Okay. Canning: I wanted to explain the difference between temporary sales and promotional sales, because there is a big difference in what we allow. Because these are promotional sales units, you have got an established business that just wants to have a promotional sale like Joe's big tent sale; the allowances for the square footage are significantly greater than they are for the temporary sales. So, if you're a fruit stand coming in that wants to set up on a piece of property that has made no investment in the community, other than to bring your fruit trailer there, you don't have the same allowances as a business that's come in, invested in developing a piece of property, paying property taxes, generating sale tax revenue, that kind of stuff. So, the allowances for the promotional sales are significantly different. And one of the guiding principles in developing this -- and this was what I felt was the direction of Council when I first started hearing about temporary uses, it would have been close to five years ago, so -- but we tried to put the emphasis on those businesses that have contributed to the community, that have put an investment in the community. So, again, you know, that -- that was part of the vacant land, too, was that, you know, those folks haven't made an investment in the community yet; it's just a raw piece of dirt. They haven't gone to the length to develop the property that we require of others, so we didn't want to give temporary uses on that piece of property unfair advantage over the existing businesses. So, that was always kind of the guiding principle in these temparary uses. And then -- okay. So, if you're not a single vendor, are you primarily a group of multiple vendors that makes you an outdoor market. Now, this one was important because we had a -- we wanted to limit the number of days for temporary uses, but every time we put a limit on the number of days, if you have a standing farmer's market that's out there every day of the year or even every day of the summer, they exceed those number of days. So, we wanted to be able to allow that out -- that outdoor market that occurs once a week on a recurring basis. Now, it's just once a week, though. We didn't make provisions for three days a week, because that gets to be more than an outdoor market. I don't know what that is, but it's way mare than an outdoor market. So, the outdoor market is just far one day a week, so that we can get the proper number of days for them throughout the year. If you're going to do more than one day a week, basically, you have to stick with the special event stuff, so that's the final question. Do you meet the definition of a special event and that definition is in there. If not, then, you're a prohibited use. So, I don't know if Emily had gone through that in detail. I thought it was important that you understand some of the -- some of the thinking that went on behind the actual standards and codes. Okay. I'm going to go back up to what I think are the outstanding issues and ask for your comments with regard to these. First one on the list, unimproved surfaces. Now, we did go back and make sure that the temporary use section had the same definition for surface restrictions that the UDC did. So, we opened that up. The -- again, the idea was to acknowledge the businesses that have made a commitment to Meridian Gity Council March 24, 2008 Page 9 of 26 the city. Now, the exception on this one, which I haven't figured out exactly how to deal with or that -- that comes about is the speedway, unfortunately. Now, the speedway and the dairy property have been ahuge -- have had a huge commitment to this community over the years and I know that. But I also know that they have got some dirt surfaces out there. So, we pulled back the discussion to the driving surfaces. I would rather find a way to make an exception for that property, rather than have it guide all the standards, if that makes sense. Sa, I'm hoping for some direction from Council on that one. Again, Ijust -- there are -- there are same praperties that have a regular string of temporary uses that have no improvements to them, that just create a dust storm, five -- you know, every time the wind picks up in the summer it just blows off those properties and creates a real air quality problem. So, I'm trying to get to those issues, as well as the equity issues about folks that have made a commitment to the community versus those that haven't. So, I will take what direction Council wants, but I just wanted you to understand the thinking that went behind them. With regard to the streamline permitting, we were hoping to get a one stop shop. We never figured out how to get the citizen's use permit into the one stop -- you know, we -- it, basically, becomes either the planning department takes on everything or the clerks take an everything. Clerks didn't feel comfortable taking on the temporary use permit stuff. Planning department didn't feel camfartable taking on the citizen's use permit stuff. So, we have still got two agencies doing stuff. If that's a concern for Council. At this point we thought we'd just take it to you and tell you what we came up with as our best shot. If we need to da something else, just let us know. But, again, that shows up in that -- that decision tree, you have got the ones that the clerk's office does and, then, the anes that the planning department does. But sometimes you -- you require both a citizen's use permit and the temporary use permit. Okay. And Ms. Backman is nat here. There are some examples that come up that -- that we wanted you to be aware of that -- what we are going to require of them and just get your thoughts on -- on -- on how you feel about those restrictions that we are putting on those activities. Again, these temporary events are so different and they are sa hard to get your arm around and some of them seems like we are overkill as far as what we need to do, but if we lump them all together, according to that decision tree, this is what happens. On the three day outdoor market every week couldn't really occur. You wouldn't -- it would have -- it would be a special event and you wouldn't have enough days -- you only get 14 days. So, you could only da it for a month -- month and a week. You couldn't do it all summer long. If they did it two days a week, then, you're talking seven weeks. If they do it -- if they drop it back down to one day a week, they can do it all year long. So, again, those are the kind of situations that we are looking at for -- as far as like a farmer's market. The events at schools not related to the students -- the change that we made in the Unified Development Code ar -- was to say that activities at a school that are related to their curricular or extracurricular activities are an accessory use. But if the school wants to rent out their facility to an art show, then, that -- that become a temporary use. If they want to rent it out to the symphony, that becomes a temporary use. So, those -- those kinds of issues are coming up with regard to the school. Because it's not really extracurricular. I looked Meridian City Council March 24, 2008 Page 1 D of 26 up the definition of extracurricular and it says it has to be students, so -- now, if it's students selling art -- Zaremba: Madam Mayor? Canning: -- that's fine. If it's student -- a student symphony, that's fine. These are just the weird things that come up. So, I'm trying to -- these are the ones we haven't figured out how to solve. De Weerd: So, Anna, you're saying that they would need to get a permit? Why? Canning: Well, it's not -- it's not an accessary use, because it's not curricular or extracurricular. De Weerd: Have we been requiring that? Canning: We have for -- they had an art sale that they put out a bunch of signs and we tagged them on the signs. We can still make a change to the UDC. You haven't adopted the findings yet for the ordinance. You just acted on it. I can ask you to reconsider and we can open up fihat hearing again for the UDC changes, and that would be the place where we'd need to have more discussion about perhaps opening it up to community activities at the -- at the schools. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, is -- has the Meridian symphony been getting a temporary permit? Canning: No. Bird: And we are going to ask them to? Canning: Well, I'm in favor of going back to the UDC. That's why I'm raising it tonight, because I think that community events at the school I think are a very reasonable exception. It's just we changed it to say curricular and extracurricular and we didn't realize -- we weren't thinking about all the other activities that happen there. Bird: Well, if we -- Zaremba: Madam Mayor? Bird: Madam Mayor, follow up. I'm afraid if we -- if we get stuff like that going, they will be going back to Eagle to -- for their performances, like they started out doing. Groups Meridian City Council March 24, 2008 Page 11 of 26 will be leaving us. So, I think we need to really think on this matter. I'm glad you brought it up, Anna, because it's something that we really, really need to think about. And art shows and stuff like that, I -- I don't know, I just have a real hard problem, unless it's -- I don't know. Have to think about it. De Weerd: Mr. 'Zaremba. Zaremba: Thank you. Actually, two thoughts. Adding to the list would be our parks department regularly uses school property for -- I wouldn't call them events, but repetitive classes and stuff like that and, then, also the Chamber of Commerce does. Canning: The city events would be exempt, but we can look at -- Zaremba: The second thought was -- I would assume that the school district itself would have some sort of -- I don't know what the word is -- a vetting process or something that they are not going to let just any event happen on their school property - - you're shaking your head no. They -- they don't put them through same kind of a test to see whether they are okay or not? Canning: It's a fee basis. It's available for a fee. Zaremba: Okay. Canning: That's the concern because there is some strictly retail uses that go in and perhaps we can write them out. That was the concern was not having -- or having a higher -- the concern was that we felt it was appropriate to have a higher standard far the strictly retail uses that were occurring within -- when the school rents their facilities. De. Weerd: So, a for profit would be permitted and -- a need for a permit, where a nonprofit, which would be more community. It wouldn't be? Canning: Generally -- the attorneys don't like us to just -- too judge based on profit versus nonprofit, so I think we would be safer with retail versus nonretail, because that's -- De Weerd: That's a problem with attorneys. Bird: Madam Mayor? Anna, I got a question, then. If we -- if we put on a youth basketball program at the middle school and we do charge and it is for profit, because all the profit goes back to the school sports, but it isn't -- it isn't sanctioned by the school, would we have to get a temporary use permit? Canning: Madam Mayor, Members of the Council, I believe the answer would be no, because that falls within how I would interpret the definition of extracurricular. If it Meridian City Council March 24, 2008 Page 12 of 26 involves students, it would extracurricular. ,It's just when students aren't involved that it kind of becomes a problem. But I will take your concerns, we will figure this out. I do have a question perhaps for Mr. Baird. Do I have to formally request reconsideration or can -- would this serve as them granting reconsideration and we could just notice it for another agenda? Baird: Madam Mayor? De Weerd: Yes. Baird: If I could answer that question, because the findings have not been finalized, I think if you notice it up you don't have to go through the formal request for reconsideration like you do on an application. So, you can save yourself a step there. don't think anybody's going to find any sort of error if you streamline it that way. Canning: So, then, if the clerks could just find us another date far that hearing. Okay. Borton: Madam Mayorf? Anna, does this change the -- the need for the April 1st Public Hearing on this? You need to get through that decision before we go further on this? Canning: Well, normally three hearings -- normally you would conduct three hearing on this. So, the first one would be April 1st. Councilmember Bird discussed briefly with me beforehand if we might just want to have one hearing. We might end up having two if we need to go back and amend the UDC. Borton: Madam Mayor? De Weerd: Yes. Borton: Also, the notes show that -- the side comments that Steve Siddoway will not have a chance until April 2nd to review and comment. So, it sounds like we are adding two -- or a real good chance we are having two. Canning: And, Madam Mayor, Members of the Council, we did run it by other folks in the parks department. We don't anticipate much opposition from the parks department. But it would be nice to have his comments, so -- Ms. 5ackman is expecting more than one hearing. I'll tell you I think we told her there would be three, so -- I'm sorry. Bird: That's okay. Canning: We would like to get this wrapped up as well. So, I will -- we will work on that -- events occurring in schools and, then -- you know, the odd fundraising event will -- depending on the fundraising event it will show up different places. If it's a garage sale being held at a bank as a fundraiser, it may end up as a temporary sales or special Meridian City Council March 24, 2008 Page 13 of 26 event. If it's, you know, a car wash at a place that normally does car washes, it won't be any -- it will just -- won't be anything, so -- I mean there are some possibilities that the strict application of this will require some odd things. You know, we are not going to be out there looking to nail people because they are having a car wash, but, you know, just want you to know that there are a whale realm of temporary uses that are really difficult to classify or to make go away just because they are minor. But we did our best. That's all. Zaremba: Madam Mayor? Can there be a category called other? Canning: Yeah. De Weerd: Just like miscellaneous. Zaremba: Yeah. Miscellaneous. Bird: That's what we do in budgets, put miscellaneous. Canning: Well -- and what we do is -- we have considered that. The problem is where it really should be a prohibited use, then; somebody comes in and says, well, I just want to do it fior a year. I'm going to call it a temporary use. Well, it still should be a prohibited use, really. I mean -- and we have -- we have really done our best to try and make these work for folks. It may not be perfect, but it's way better than what we have got right now, so -- maybe we'll be able to fine tune it in the future. The sign provisions, we gave folks a ton of signs for these temporary uses. The thought was we will give them as many signs as they want, as long as they are gone in two days, then, it doesn't matter. But if you need 200 signs, you can have 200'signs. But they better be gone the day after the event is over, So, we have really tried to make them work for folks for a wide variety of really weird things and, you know, we have done our best. That's all can say. De Weerd: Two hundred signs in one place? Canning: Well, if it's a special event -- that's for special events. So, that would be -- you're talking about the whole city for Dairy Days. You're talking about the whole city far -- De Weerd: Oh. Not on one piece of property. Canning: No. It would be for special events, which are generally larger, so -- you know, you could have one property asking for 200 signs. We don't think they will, but Dairy Days -- Meridian City Council March 24, 2008 Page 14 of 26 De Weerd: Well, we have seen it -- we have seen it. They are called political and they are awful. Canning: Yeah. De Weerd: So -- Canning: And we -- we purposely left them quite large, because we needed to accommodate things like Parade of Homes, Dairy Days, the Scarecrow Festival, but it may prove that we need to scale those back over time and we will -- we don't think this is set in stone, but we thought we would give those signs a try. De Weerd: Okay. Canning: I think I have gotten comments on the school stuff and some of the other little stuff, the fundraising, maybe, but if I could comment on the surfaces and the streamline permitting, that would be helpful, and we will bring. this back to you April 1st. Or any other comments that Council may want to throw our way -- my way. De Weerd: Well, on the unimproved surtaces, when -- I think it was in early 2000, they were looking at nonconformance to air quality with PM-10 and the commitment was made by the city and Ada County Highway District on unimproved surfaces to minimize use and that sort of thing. So, consistent with that we would want same kind of improved surface and what that means I don't know. But it means dustless. And I guess we should walk what we talk, so you need to -- need to do something there. Canning: The way it's set up now, we -- for driving surfaces -- it originally was all surfaces, but I think we have scaled it back to driving surfaces have to be a dustless material and I can work with the parks department and the Dairy board for alternative compliance on those portions of their property. Hopefully, we can get the parks department to get an oil that they can spray on the driving surfaces to keep that dust down. It's not really an oil. I call it that. But it's same special solution that is environmentally friendly and dustless and .doesn't hurt the ground water. So, we can work with them on that. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I would -- in the section where it references that, if there is such a thing that has a name, it probably should be included as well. Canning: Okay. Meridian City Council March 24, 2008 Paga 15 of 2B Zaremba: As an option. I was the one that brought it up at the last meeting and what I was doing was making adistinction -- it originally said pedestrians and vehicles all had to be on dustless surfaces. Well, actually, it said they had to be on paved surfaces. That was the only option. And it really was a question, whether or not we really needed to say that for pedestrians. I like the Mayor, I feel it's important to air quality and other things that are also in the UDC, that vehicles must be on a dustless surface, but I'm not so concerned that that means paved. There are other options for dustless surfaces. So, I think all those options should be listed and it appears that we just automatically took out the pedestrian. So, I really meant it as a question, not as that's the way it needs to change, but -- Canning: Well, Madam Mayor, Members of the Council, if you do want it all surfaces versus driving surfaces -- Zaremba: I'm happy with just driving surfaces. Canning: Driving surfaces. Okay. Zaremba: So, I don't think we need to -- De Weerd: No. Canning: With regard to listing the spray product, whatever it is, the -- again, back to that principle that we are trying to use these to -- we are trying to limit the activity on properties that haven't made an investment in the community. Opening up the solution -- spraying the solution to everyone goes counter to that thought. Again, I was hoping to use some alternative compliance for the speedway, rather than having it listed within the code. Now, that may or may not have been appropriate to say, but -- I mean that is -- it was a guiding principle behind this, was to -- to not really let a whole lot of temporary uses on vacant properties. Zaremba: All right. I can agree with that. That's agood -- a good principle. And I would think the Chamber of Commerce would also appreciate that. It protects the businesses that are here from fly-by-night operations, I suppose you could call it. So, I can see that part of it. Absolutely. Canning: And I did discuss this issue with Ms. Backman. I think she was comfortable with the idea of an alternative compliance for the Diary board's property, recognizing that they use that on a regular basis. Zaremba: Thank you. De Weerd: And that would pertain only to special events beyond the normal functioning of the speedway; correct? Meridian City Council March 24, 20D8 Page 16 of 26 Canning: Yes, ma'am. De Weerd: Okay. Okay. So, do you have enough direction on the unimproved? Canning: I think we are -- I think we are good. I think the changes that Mrs. Kane has already made are refilected in the conversation we have had and I will just make sure we have some mechanism for alternative compliance. De Weerd: And, Council, you feel comfortable with that? Bird: Yeah. I will read more, but I don't see anything right offhand that -- De Weerd: What section is that in, Anna? What page? Canning: Oh, I don't know this well enough to find it quickly. Zaremba: I found it a minute ago. Hang on just a second. It's about a third of the way through, I think. Bird: Yeah. I found it now. Canning: I think it will say added per Mr. Zaremba's -- Zaremba: Yeah. Page 17. Item B-6. Surface. De Weerd: You guys comfortable? Council, are you comfortable with that? Not you guys. Bird: I'm not comfortable with that. I wouldn't be. De Weerd: Do you have suggestions or feedback? Bird: Well, I think there is -- I think there is -- I think there is more dust blown out here in undeveloped ground and I can tell you for a fact that since they took the grass up at the speedway most of the dust you get at the speedway is from the infield in between. But they are putting grass back down in that. We never had that problem, because we kept -- we kept it grassed up and watered up. But it's hard -- I don't know. And the Speedway isn't the only place either. You got property right down there at Hohn's old place that dust blows all over. Undeveloped ground, so -- it's driven on. It's parked on for the park. For legion baseball. For softball. Canning: Madam Mayor, Councilmember Bird, out there by -- in that same area by the park. By Settlers. And, again, I'm not trying to penalize that area. I know that's a Meridian City Council March 24, 2008 Page 17 of 26 special area that we have got to figure out a solution for. You know, the perfect example of the area that I think we do need to -- to try and curb the kind of temporary uses going on it is the one at Franklin and Meridian with -- that has nothing to keep that dust down there just across from the park and it blows like crazy and we get a regular string of temporary uses that want to set up there and it's a real challenge, because there is no improvements anywhere near the corner. Bird: You're talking about Corielle's corner'? Canning: Sir, I don't know the owner, but it's just the -- the one where the -- all the temporary uses are. Yeah. Bird: Bay, Idon't -- to be truthful with you, I don't know how anything blows there, because I have tried to put signs in there and that's like going through -- that thing is gravel put down like mad, but -- I don't know. It is definitely a problem. And I will be the first to say that, but -- I don't know how you -- I don't know how you're going to do it, because you got it all along Franklin Road. You got a -- you got undeveloped property. Got it out at Settler's Park. Every baseball field that we have has it. When the wind blows you get dust flying then. I don't know. I wish there was a good answer. De Weerd: Councilman Bird, those -- those are different circumstances. We are setting up those by adding traffic to it. Those others are not something that's caused by -- by a particular action, other than an act of God. So, I guess they are just trying to -- and, again, I know there is a number of properties and businesses that paved dirt roads because of the air quality -- being part of the air quality solution. So, we are just trying to, I believe, be pro-active in doing our part and avoiding something that we actually set up. But the vacant properties you can't. Borton: Madam Mayor'? De Weerd: Yes. Borton: Madam Mayor, I don't -- I don't disagree with Councilman Bird or his comments. For where we are in the process I -- I see the concerns both ways. I'd be inclined to give it some thought and a-mail Anna with comments and -- Canning: I would welcome anything. Borton: -- suggested language. Canning: And I understand, Councilmember Bird's concern, too. I have tried to figure out what to do with this. I think there is -- there is an opportunity to do just the alternative compliance in general for that piece of property, similar to where that -- where optimists set up their tree -- tree lot on Overland, that little piece of property there Meridian City Council March 24, 2008 Page 18 of 2fi already has alternative compliance for that surface as being acceptable for parking the temporary cars on until they further develop that site. So, when the optimists come in they are okay on that piece of property, because there is already an alternative compliance for that surfacing. So, that was done through the -- the regular CZC process, rather than the temporary use process. And I think we can do that same thing for -- for properties that we need to. But I -- I have batted this about in my head from 2:00 to 4:00 at night on a regular basis and just tell you I have yet to come up with a stroke of genius, so I welcome anything that anybody has to offer. De Weerd: Well -- and I agree, I don't know if I get more phone calls from vacant properties or special events. I think it's -- but when people have dirt flying in their properties, then, there is -- there is concern and we will be more than happy to forward you all calls. Canning: So, the last issue would be the -- are you okay with the fact that you still have to go to the clerks for the citizen's use permit and come to us for a temporary use permit or do you really want us to try and get these all in the same department? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Get them all in the same department. Bird: Amen. Canning: All right. Borton: If at all possible. Canning: We will try. And that clerks will still do the mobile sales unit and the non- aerial common fireworks permit? Those two usually don't require also a temporary use permit. Those aren't combined with one, it's just the -- it's just the citizen's use permit that ends up being in two different offices. Borton: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree wholeheartedly with Councilman Borton. I just -- that's why we are moving into one -- we are spending the money to build a City Hall that we can all move in, so people can come to one place and get their permits. The fireworks and stuff has to be Meridian City Council March 24, 2008 Page 19 of 26 done by the fire department, in my book, but the others could -- I think could be done with the clerk ar however you have to do it. One department. Canning: All the others, sir, or just -- ar just citizen's use permit? Bird: I don't know why we can't -- other than the fireworks and stuff, I dan't know why the rest of them can't be done at one department, whether you want to do it at planning or whether you want to have the clerk do it. Canning: I'd vote for the clerk doing -- oh, sorry. Bird: Anna, I'm not too sure (wouldn't -- I wouldn't agree -- I wouldn't agree with you on that, because I think most citizens they come in, look for a permit, think the clerk's office. And -- and I'm sure -- if there is any questions you're going to be right there in the same building. I mean, bang, how hard is it to -- with electronic stuff we got nowadays -- I just hate to see people have to run around from this door to that door. I hate it as -- when I get the run around. Like I say, other than the fire permitting, I think one person should handle -- ar one department should handle it. Canning: And, Madam Mayor, Members of the Council, Mrs. Holman hasn't had an opportunity to even know what might be coming her way. So, we will sit dawn and toss a coin and bring something back to you for the 1st. Borton: Okay. De Weerd: Okay. Anything further? Canning: No, ma'am. I think that was it. Are you -- any other comments? De Weerd: I think any other comments they will send your way. Canning: Okay. B. Legal Department 1. Approve SWAC Recommendation for funding of Trash Can Holders purchase of $2,723.00 for Western Ada Recreation District: De Weerd: Okay. Item 6-B is our legal department. Mr. Baird. Baird: Madam Mayor, Members of the Council, in your ,packet is a SWAC recommendation for using 2,723 dollars to purchase trash can holders for the Western Ada Rec District and we'd ask for your consideration of that recommendation. Meridian City Council March 24, 20D8 Pege 20 of 26 Bird: Madam Mayor`? De Weerd: Yes, Mr. Bird. Bird: I wish Mr. Rountree was here, so I could give him a hard time. I move that we approve the request by Western Ada Rec for 2,723 dollars from the SWAC. Borton: Second. De Weerd: Okay. We have a motion and a second. I assume these are made out of recycled material? Bird: They are. De Weerd: And where will they be used? Bird: At Fuller Park. De Weerd: Fuller Park? Thank you. Okay. If there is -- is there any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: J. Approve New Beer 8~ Liquor License for Cheerleaders Sports Bar and Grill at 3541 North Eagle Road: K. A rove Beer Wine and Li uor License Renewals: A New Vintage Wine Shop Kahootz Pub 8~ Eatery LLC Meridian Speedway Whitewater Pizza & Pasta The Cigarette Store Inc. Ultra Touch Car Wash Louie's Italian Restaurant Sakana White Water Saloon Rite Aid #5412 Carino's Italian Grill 1400 N. Eagle Rd. 1603 N. Main St. 335 E. Main St. 1510 N. Eagle Rd. 200 E. Fairview Ave. 835 E. Fairview Ave. 2500 E. Fairview Ave. 1718 S. Eagle Rd. 1646 N. Meridian Rd. 1600 Main St. 3551 E. Fairview Ave. Meridian City Council March 24, 2008 Page 21 of 26 WinCo Foods, LLC. 1050 S. Progress Ave. Idaho Pizza Co. 405 E. Fairview Ave. Cheerleaders Sports Bar &~ Grill 3541 N. Eagle Rd. De Weerd: Okay. Item 7, we did have two items moved from the Consent Agenda. Items Kand -- or J and K. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I just had a question. Item J is for Cheerleaders Sports Bar and Grill at 3541 North Eagle, asks to approve a new beer and liquor license. Item K, the very last one appears to be a renewal for the same people. And my question was is that correct? Are they doing a new one and a separate renew of one they already have or -- or is there some confusion there? And, then, I will have a second question after that. Holman: Madam Mayor, I had the same question. So, I was looking here and it appears to me that there are two different applications. One is a renewal; I believe of last year's that ends -- it expires on April 30th of '08. And the second one expires -- it's for the next year of April 30th of '09 and I don't know the history or the background on this. Bird: Why would they -- they have not had alocation -- maybe -- Holman: I have -- Madam Mayor, Councilman Bird, I have an a-mail here from Bruce Freckleton saying he doesn't have a problem with this application going forward in the approval process with Council. However, I request that the actual license be withheld until such time as we Issue a certificate of occupancy for the restaurant. And apologize, I don't know why we would have -- I would assume the way this process works is it's -- I'm new to this, so if they would be renewing this other license, but I was actually trying to get a hold of Nancy to find out why we had two and reading the supporting documentation. De Weerd: Maybe Lieutenant Basterrechea. Basterrechea: The only thing I can tell you is there is no Cheerleaders yet, so I don't know why they would have an existing license. They have a location in Eagle, Idaho, but they have never had a location here in Meridian. De Weerd: So, I would assume that that is a request ofi the building department. In order to do the appropriate inspections you would need to have a facility that's complete to inspect and that's his comment on the CO. So, we can -- we can pull this from the agenda and reset it once the CO has been issued. But I'm sure they want a liquor Meridian City Council March 24, 2008 Page 22 of 26 license for when they open their restaurant. So, we just would have to work with them on the timing of that. Anna, do you have comment? Canning: Madam Mayor, Members of the Council, Mrs. Radford called me I believe on this issue and when she called she was trying to get it on the agenda far tonight. They were begging. It was the last moment. Sometimes this happens when things are done at the last moment, so I think we do have some questions. When she talked to me I thought it was just a beer license. I didn't think it involved a liquor license, which has a much different standard. So, I'm concerned that -- that perhaps we don't even have all the approvals, because I think she was going to a-mail it out and beg to have everything -- I don't remember getting one. Holman: Madam Mayor. Anna, Ihave -- I looked through the paperwork here and I have signed off Mr. Basterrechea -- did I say that right? I'm sorry. He signed off for the police department. Ihave -- it looks like a sign off from the planning department by Anna, a sign off from Joe Silva from fire. And, then, I have the two different licenses from the county. Now, the question I had is I was looking at the dates and I could be completely wrong, but I was wondering if they had these two different licenses because it expires on April 30th. If they were open before April 30th, would they have to have this license that expires April 30th and, then, the new one for the fiollowing year would be -- I don't know. That's just --Ihave two different licenses. One ending April 30th of this year and one ending April 30th of'09. Canning: And, Madam Mayor, Members of the Council, perhaps Mrs. Radford was talking to me about a different one. I just know that she was looking for guidance at the last moment and I wasn't much help, I have to confess. So, I would feel a little more comfortable now if we all had a chance to review it and figure out what was going on: De Weerd: If you have an a-mail from our building department who is stating that they don't have a CO, Ithink -- I don't know. If the police and fire signed off on it, apparently they have gone out and inspected it. Bird: I didn't -- is the building that close to being occupied? That's what I -- I was going to say if the fire has signed off and the police have signed off, evidently they are ready to -- to have occupancy. Holman: Madam Mayor, Councilman Bird, that's what I get from this, because in Bruce Freckleton's a-mail, which was dated last Friday, It says: Nancy thanks for the help with the transition. I don't have a problem with this application going forward in the approval process with Council. However, I request that the actual license .not be given to them, obviously, until we get the certificate of occupancy for the restaurant. I think they -- my understanding from what I'm seeing in these a-mails is that it's fairly -- they should be getting a certificate of occupancy fairly soon and, again, looking at the two different dates on the licenses, the possibility that they are trying to get this through this week, so Meridian City Council March 24, 2008 Page 23 of 26 that if they do get their certificate of occupancy they can open. And, again, I apologize; I'm not real familiar with the process. De Weerd: I just don't know how you can authorize signing it and not give it to someone. I mean once I get authorization to sign, it's in legal and so -- Bird: I agree with you. Gorton: Madam Mayor? De Weerd: Yes. Borton: I would be inclined to wait a week and get this sorted out. I also don't know how you can issue a license and, then, renew it all in the same action. Maybe you can, but that seems add, so -- unless someone knows of some pressing tragedy that occurs if this isn't done on April 1st. Bird: Does anybody know when they plan on opening? De Weerd: If they plan on opening this week it will be a problem. Bird: That's what I thought. De Weerd: But t don't know. Canning: I can try to call Mr. Freckleton, if you'd like me to do that. Yeah? No? De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: The other question I had, while we are sorting that one out, is in Item K, the third one, Meridian Speedway, the address is given as 335 East Main Street. I would expect that to be South Main Street. I realize it used to be East 1st Street, but now that it's Main Street that would be a south address and Ijust -- Bird: Is it still listed as East Main? Holman: Madam Mayor, Councilman Bird, I would assume that Mrs. Radford was getting this infiormation out of our beer -- beer, wine, and liquor data base from which we issue permits and the information is saved in there from year to year. Meridian City Gouncil March 24, 2008 Page 24 of 26 De Weerd: I would imagine the city clerks office can clean up whatever the real license is. Holman: Madam Mayor, yes, we can do that. De Weerd: Okay. Okay. Any other item on -- on this one? Bird: Madam Mayor, I do have a question to ask. Has everything been signed and everything, Madam Clerk? All the licenses have been signed by the proper people and already to ga? Holman: Madam Mayor, Councilman Bird, yes, I have the backup for all of those licenses here. I haven't looked through every individual page, but, yes, she has all of the backup, state police certificate from -- I apologize certificate from them and a certificate from the county for each of these. Bird: Still can't figure out why Cheerleaders has a renewal and a new. De Weerd: I think the reason it has arenewal -- yeah -- a renewal and a new is the new one being requested expires April 30th of this year and, then, the renewal would take it from that point forward. So, there is a month overlap if they are wanting to open here soon. So, I think that would be the reason for that. Canning: Madam Mayor, Members of the Council, Mr. Freckleton hadn't heard an update within a week, so he doesn't know if they have asked for final inspection. He says it is fairly common that we hold the permit until they have the C of O. Also, my approval is based on it being a restaurant use. So, they would be in violation of my ordinance if -- or of my approval if they didn't have the restaurant going, then, they are a bar. But it sounds like it's fairly standard to just go ahead and approve them and, then, just hold the actual permit until they have the C of O. Gorton: Okay. Bird: I have no problem with that. De Weerd: Okay. Council, this is yours. Zaremba: If I understood what happened, Madam Mayor, I move that we approve Item J and Item K as presented. Bird: Second. Borton: Second. Meridian City Council March 24, 2008 Page 25 of 26 De Weerd: I have a motion and a second to approve Items J and K that were removed from the Consent Agenda for the regular agenda and ask if there is no further discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Public Hearing; CUP 07-022 Request for a Conditional Use Permit for a medical office in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Meridian E e Care by Dr. Dan Thieme -125 West Cherry Lane: Item 9: Public Hearing: MI 08-001 Request far a Miscellaneous application to modify the Development Agreement to remove the requirement for cross- access between the properties located at 125 W. Cherry Lane and 1645 W. 15t Street for Mittleider by Dr. Dan Thieme -125 West Cherry Lane: De Weerd: Okay. Items 13 and 9 have been requested to be continued. I will open these two public hearings, CUP 07-022 and MI 0$-001, and ask for a motion to continue. Bird: Madam Mayor'? De Weerd: Mr. Bird. Bird: I move we continue to April 1st, 2008, CUP 07-022 and MI 08-001. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the continuation of these two items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. We are at the end of our agenda. Bird: I move we adjourn. Borton: Second. De Weerd: All those in favor`? MOTION CARRIED: THREE AYES. ONE ABSENT.