Loading...
HomeMy WebLinkAbout2012-04-17~~E IDIAN~--- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 17, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X_ Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Rusty Bang with Holy Apostles 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approval of 2012-2013 Beer, Wine and Liquor License Renewals as follows: Fiesta Guadalajara 704 E. Fairview Ave. BWL Lucky Fins 1441 N. Eagle Rd. #100 BWL Sizzler #215 3380 N. Eagle Rd. BW Goodwood BBQ 1140 N. Eagle Rd. BWL Fuddruckers 3421 N. Eagle Rd. BW Chicago Connection 1629 N. Main St. B Chicago Connection 1935 S. Eagle Rd. BWL R&R Public House 1626 S. Wells Ave. BWL Divine Wine 2310 E. Overland Rd. #105 BW Gelato Cafe 2053 E. Fairview Ave. #101-103 BWL -- KB's Burritos 3240 E. Louise Dr. #110 BW The Big Smoke #6 234 W. Franklin Ave. BW Texas Roadhouse 3801 E. Fairview Ave. BWL B. Approval of Beer and Wine Owner Transfer from Helina Maries Inc. to DR3, LLC. dba Divine Wine Bar Located at 2310 Overland Rd. Suite 105 C. Approval of Award of Bid and Agreement for "Sewer Line Repairs -Tuscany and Paramount" to Pipeline Inspection Services for the Not-To-Exceed Amount of $219,400.00 and Authorize the Mayor to Sign and Clerk to Attest Meridian City Council Meeting Agenda -Tuesday, April 17, 2012 Page 1 of 4 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. D. Approve Minutes of April 3, 2012 City Council PreCouncil Meeting E. Second Amendment to Development Agreement for Knight Sky MDA 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision Removed F. Development Agreement AZ 11-005 and RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District and Rezone of 51.61 Acres of Land from R-4 (Medium Low- Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-8 (Medium-Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts Removed 6. Items Moved From Consent Agenda None 7. Action Items A. Close Public Comment Period on the Analysis of Impediments(AI)to Fair Housing Choice Study and Adopt the Study and the Fair Housing Action Plan Approved (Pg 4-5) B. Public Hearing: ZOA 12-001 Unified Development Code (UDC) Text Amendment by City of Meridian Community Development Department Request: Amend Specific Sections of the UDC to Include General Clarifications/Clean-up Items; Specific Use Standards for Wireless Communication Facilities; CPTED (Crime Prevention Through Environmental Design) Strategies, etc. Approved with One Exception (Pg 5-13) C. Public Hearing: MDA 12-001 Sgroi Property by Nunzio Sgroi Located at 4405 E. Ustick Road Request: Amend the Development Agreement to Modify the Conceptual Development Plan to Allow 14 Single-Family Homes and Two (2) Townhomes on 2.81 Acres of Land in an R-8 Zoning District Denied (Pg 13-29) Meridian City Council Meeting Agenda -Tuesday, April 17, 2012 Page 2 of 4 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. D. Public Hearing: TEC 12-006 Ambercreek No. 2 by Trilogy Department, LLC Located Near Southwest Corner of N. Meridian Road and W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat Approved (Pg. 29-31) E. FP 12-003 Paramount No. 18 by Brighton Development, Inc. Located West of N. Meridian Road Between W. Producer Way and N. Fox Run Way Request: Final Plat Consisting of 19 Residential Building Lots and One (1) Common Lot on 5.66 Acres in an R-8 Zoning District Approved (Pg 31-32) F. FP 12-004 Zebulon Heights Subdivision No. 5 by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 39 Building Lots and 3 Common Lots on 14.39 Acres of Land Approved (Pg 32-33) 8. Department Reports A. Planning Department: Home Occupation Discussion (Pg 34-39) B. Mayor's Office: Resolution No. 12-847: A Resolution reappointing Bill Nary and Tim Curns to the Meridian Traffic Safety Commission Approved (Pg 39) C. Mayor's Office: Resolution No. 12-848: A Resolution re- appointing Carol Harms to Seat 5 of the Meridian Historic Preservation Commission Approved (Pg. 39-40) D. Parks & Recreation Department: Improvements at 8th Street Park Discussion (Pg 40-42) E. Purchasing: Protest of Non-Responsive Bid Finding and Award of Bid for "Waste Water Treatment Plant (WWTP) Sludge Handling Bed Improvements -Construction" Bid #PW- 12-10049C by GUHO Corp. Motion Approved to Accept Protest (Pg 42-49) F. Police/Clerk's Office/Legal Department Report: State Legislation to Preempt Massage Therapist License as of July 1, 2013 (Pg 49-51) Meridian City Council Meeting Agenda -Tuesday, April 17, 2012 Page 3 of 4 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. Clerks Office: Approval of New Liquor License Application for Smoky Mountain Pizza & Pasta Fairview Lakes LLC dba Smoky Mountain Pizzeria Grill Located at 980 E Fairview Ave. Pending Ada County Approval Moved to Consent Agenda H. Solid Waste Advisory Commission Report and Request for Funding Authority for Two Projects for the Community Recycling Fund Approved (Pg 52-55) 9. Ordinances A. Ordinance No. Proposed # 12-1509: An Ordinance (AZ 11-005) for the Annexation of a Parcel of Land Situated in a Portion of the S '/z of the Southeast'/4 and in a Portion of the Southwest '/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) and Providing an Effective Date Removed B. Ordinance No. Proposed # 12-1510: An Ordinance (RZ 11-006) for the Re-Zone of a Parcel of Land Situated in a Portion of the South '/Z of the Southeast '/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 4.64 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN-C (Traditional Neighborhood Center) Zoning District to C-C (Community Business District) Zoning District and Providing an Effective Date Removed C. Ordinance No. Proposed # 12-1511: An Ordinance (RZ 11-006) for the Re-Zone of a Parcel of Land Situated in a Portion of the South '/2 of the Southeast'/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 46.97 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN-C (Traditional Neighborhood Center) Zoning District to R-8 (Medium Density Residential) Zoning District and Providing an Effective Date Removed 10. Future Meeting Topics None Adjourned at 9:27 p.m. Meridian City Council Meeting Agenda -Tuesday, April 17, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council April 17, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, April 17, 2012, by President Brad Hoaglun. Members Present: David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Sonya Wattes, Kyle Radek, Bruce Chatterton, John Overton, Perry Palmer, Lori den Hartog, Keith Watts, Molly Mangerich, Kristy Vigil, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Hoaglun: Thank you for your patience tonight and we are going to move right into our regularly scheduled Council meeting. Today is Tuesday, April 17th. It is five minutes after 7:00 and our first item of business is roll call. Madam Clerk. Item 2: Pledge of Allegiance Hoaglun: Our next item of business is the Pledge of Allegiance. Would you all rise and join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rusty Bang with Holy Apostles Hoaglun: -tem 3 is our community invocation. That will be given tonight by Rusty Bang of Holy Apostles Catholic Church and if the audience would join us at this time or take this as a moment of personal reflection. Thank you for being here. Bang: Thank you. Let us pray. Almighty God of the universe, we give you thanks for giving us another day. We thank you that you give us a share in your creative work, having endowed each with unique and important talents. On this day we ask your blessing on the members of the City Council who have been entrusted with the care of this city and its people and on all who have heeded the call to public service throughout our state and nation. Please teach each member of this Council to be generous with the gifts you have given and the opportunities with which they have been presented. May they give and not count the cost, fight for the greater good and not count the wounds, toil in their efforts and not seek rest, labor and not ask for reward, other than to Meridian City Council April 17, 2012 Page 2 of 56 know that they are doing your will. May all that they do this day be for your greater honor and glory. Amen. Hoaglun: Rusty, is this your first time doing this for us? Bang: Yes. Hoaglun: Great. Let me give you a City of Meridian pin, as a token of our appreciation and thank you. Item 4: Adoption of the Agenda Hoaglun: Our next item on the agenda is the adoption of the agenda. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: With some changes, Item 8-G on the agenda we would like to move to the Consent Agenda. Items 5-E and F on the Consent Agenda are requested to be removed. And Items 9-A, B and C have been requested to be removed. And with those changes I move that we adopt the agenda. Bird: Second. Hoaglun: We have a motion to adopt the agenda as amended. All those in favor please say aye. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approval of 2012-2013 Beer, Wine and Liquor License Renewals as follows: Fiesta Guadalajara 704 E. Fairview Ave. BWL Lucky Fins 1441 N. Eagle Rd. #100 BWL Sizzler #215 3380 N. Eagle Rd. BW Goodwood BBQ 1140 N. Eagle Rd. BWL Fuddruckers 3421 N. Eagle Rd. BW Chicago Connection 1629 N. Main St. B Chicago Connection 1935 S. Eagle Rd. BWL R&R Public House 1626 S. Wells Ave. BWL Divine Wine 2310 E. Overland Rd. #105 BW Gelato Cafe 2053 E. Fairview Ave. #101-103 BWL KB's Burritos 3240 E. Louise Dr. #110 BW The Big Smoke #6 234 W. Franklin Ave. BW Meridian City Council April 17, 2012 Page 3 of 56 Texas Roadhouse 3801 E. Fairview Ave. BWL B. Approval of Beer and Wine Owner Transfer from Helina Maries Inc. to DR3, LLC. dba Divine Wine Bar Located at 2310 Overland Rd. Suite 105 C. Approval of Award of Bid and Agreement for "Sewer Line Repairs -Tuscany and Paramount" to Pipeline Inspection Services for the Not-To-Exceed Amount of $219,400.00 and Authorize the Mayor to Sign and Clerk to Attest D. Approve Minutes of April 3, 2012 City Council PreCouncil Meeting G. Clerks Office: Approval of New Liquor License Application for Smoky Mountain Pizza & Pasta Fairview Lakes LLC dba Smoky Mountain Pizzeria Grill Located at 980 E Fairview Ave. Pending Ada County Approval Hoaglun: Next item is Consent Agenda. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve the Consent Agenda. Zaremba: Second. Bird: With changes. Rountree: With the changes. Hoaglun: Yes. The Consent Agenda has been moved -- and we have a second, Councilman Zaremba. Zaremba: I agree with that and are we including approving the President to sign and the Clerk to attest? Rountree: Yes. Hoaglun: Great. We have a motion to approve the Consent Agenda with the additional item and the President to sign and Clerk to attest. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.. MOTION CARRIED: ALL AYES. Meridian City Council April 17, 2012 Page 4 of 56 Item 6: Items Moved From Consent Agenda Hoaglun: We did not have any items moved from the Consent Agenda. Item 7: Action Items A. Close Public Comment Period on the Analysis of Impediments(AI)to Fair Housing Choice Study and Adopt the Study and the Fair Housing Action Plan Hoaglun: So, we move onto 7-A and this is a public comment on the analysis of impediment to fair housing choice study and adopt the study in the Fair Housing Action Plan. Did I get that all in? Den Hartog: Thank you, President Hoaglun, Members of the Council. I was before you on March 7th to present, along with our consultant from BEC research, to present the Analysis Of Impediments In Fair Housing Action Plan. We have not had any comments to date, unless we have anyone here this evening on the draft plan, so I'd like to ask you to approve that report and to adopt the fair housing action plan. The one thing I did want to address when I was before you on March 7th, Councilman Zaremba had a question regarding the potential cost to the fair housing action plan items. I provided that to you. Most of the action items in terms of cost can be covered by my staff time. Most of the action items simply require staff time. There are a few things that require some expenditures, approximately 3,000 per year, and that can be covered out of the administrative budget from our Community Development Block Grant. So, with that I would ask your approval of the Analysis of Impediments report and the Fair Housing Action Plan. Thank you. Hoaglun: Thank you, Lori. Are there any questions, Council? Bird: I have none. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Thank you for your extra research and those answers. Rountree: Mr. President? Zaremba: Do we want to ask if there is any public testimony before we -- Hoaglun: Yes, we should before we close it. Is there anyone who does wish to speak to this -- this item on the agenda? Last chance, folks. Going once -- okay. Council? Zaremba: Mr. President, I move we close the public hearing on Item 7-A. Meridian City Council April 17, 2012 Page 5 of 56 Rountree: Second. Hoaglun: Motion and a second to close the public comment period -- Zaremba: Public commenfi period. I'm sorry. Hoaglun: -- on 7-A. Let's see. Closing public comment period, do we need a roll call on that? Just a -- I think that's just a motion. Okay. Or voice vote. All those in favor say aye. Any opposed? Hearing none, we close the public comment period. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I think there is two parts to this. I move that we adopt the study and the Fair Housing Action Plan. Rountree: Second. Hoaglun: Okay. We have a motion to adopt the study and Fair Housing Action Plan and this will be a roll call vote. So, Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Public Hearing: ZOA 12-001 Unified Development Code (UDC} Text Amendment by City of Meridian Community Development Department Request: Amend Specific Sections of the UDC to Include General Clarifications/Clean-up Items; Specific Use Standards for Wireless Communication Facilities; CPTED (Crime Prevention Through Environmental Design) Strategies, etc. Hoaglun: Thank you. Moving on to 7-B. This is a public hearing on text amendment by the City of Meridian Community Development Department and, Sonya, are you up on this? Wafters: I am. Hoaglun: Okay. Turn it over to you Meridian City Council April 17, 2012 Page 6 of 56 Watters: Thank you, Council President Hoaglun, Councilmen. The next application before you is a text amendment to the Unified Development Code. The Planning Department is the applicant requesting specific amendments to sections of the UDC in order for the code to function more efficiently and meet the needs of our customers and the city. This application includes changes to Chapters 1 through 5 of the UDC as detailed in Section 7 of the staff report. Many of the proposed changes are clean-up items. Some are requested by code enforcement, Council, and others as follows: Replace all references to planning director with community development director. Modify definition of construction sand and gravel mining to exclude crush operations at the direction of Council. Modify healthcare and social services definition to include examples of social service uses not previously included. Add definitions for full array, slim line, and stealth wireless communication towers, along with a diagram of full array and slim fine towers. Allow group daycares as a conditional use, instead of a prohibited use in the R-4 zoning district. Restrict business hours of operation in the C-C and C-G districts from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. Extended hours may be requested through a conditional use permit. Incorporation of CPTED, Crime Prevention Through Environmental Design, strategies in collaboration with the police department to reduce the opportunities of fear and incidents of crime and improve the quality of life in the city as follows: Illumination of pathways through internal common areas. Safe access and adequate lighting for outdoor service and equipment areas. Landscaping design and installed to provide natural surveillance opportunities from public areas. Location of open space and site amenities in areas of high visibility. An example along streets where doors and windows overlook public areas, et cetera. Locate drive-thrus so they are visible from a public street for surveillance purposes. Locate all approaches and entrances to ATMs so they are highly visible and adequately lit. And, then, to change the setback for free- standing signs back to one foot from five feet as previously required. The five foot setback created too many nonconforming signs, so we are changing it back. More code amendments addressing signs and home occupations will follow. Removal of the requirement for a conditional permit for daycare facilities to be modified when a change in ownership occurs. The new owner would still be required to obtain a license from the Department of Health and Welfare in their name and comply with the specific use standards listed in the UDC for daycare facilities. New specific use standards for wireless communication facilities that are more concise, user friendly, and up to date with the current technology. The new standards encourage the location of facilities in nonresidential areas. The co-location of new wireless equipment on existing structures and the ability for future co-location on new towers and use of stealth towers that are compatible with the surroundings and don't detract from the visual quality of the city. Highlights of the proposed standards include specific standards for street light, roof and wall mounted antennas. Specific standards for stealth, slim line and full array tower facilities, as well as amateur radio antennas. Lattice or guide designed structures are prohibited. Full array towers shall be deemed a principal permitted use in industrial districts and prohibited in all other districts. All new communication tower facility structures, except for those contained within an underground vault, require administrative design review in addition to other necessary permits. The Commission recommended approval of the subject application. Planning Department testified in Meridian City Council April 17, 2012 Page 7 of 56 favor of the application. There was no one testifying in opposition or commenting on the application. Dave Splett from Idaho Transportation Department submitted written testimony. He was concerned that ITD's communications towers located in a right of way might be prohibited by the proposed changes to the wireless communication facility code, but this is not applicable, as ITD is not a wireless communication industry. Key issues of discussion by the Commission. They discussed the proposed restriction on the business hours of operation in a C-C and C-G districts when adjacent to residential zoning and use. And key Commission changes to the staff recommendation. At staff's request they amended the following sections shown in Section 7 of the staff report: 11- 5B-3C3. 11-5B-3C4. 11-4-3-43E8. And Table 11-5B-5. There have been no written testimony submitted to the city since the Commission hearing. And there are no outstanding issues for City Council. Staff will stand for any questions the Council may have. Hoaglun: Thank you, Sonya. Council, any questions for Sonya? Bird: I have none, Mr. President. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Just one. On the -- there was a lot of stuff there. That's very comprehensive and thank you very much. All good stuff that -- most of which I think have been talked about a little bit already. On the -- moving the sign setback, replacing it to one foot, instead of five foot, that -- signs still have to fall under the safety triangle rules as well, their distance from a driveway or intersection setback in a safety triangle. That doesn't cancel that, does it? Wafters: No. Zaremba: Okay. Wafters: Councilman Zaremba, it does not. Zaremba: Just wanted to make sure that was still clear. Watters: The site triangle still has fo be observed. Yes. Zaremba: Okay. Hoaglun: Any other questions? Rountree: Mr. President? Hoaglun: Councilman Rountree Meridian City Council April 17, 2012 Page 8 of 56 Rountree: Sonya, give me some background on the fourth bullet --fifth bullet point from allowing daycare -- a group daycare as a conditional use, as opposed to a prohibited use in an R-4. Having been all around the circle on this over the years, it seems like we are right back to the beginning of time. Watters: President Hoaglun, Councilman Rountree, it seems, you know, okay with staff that it be allowed as a conditional use in the R-4, so that's why we are proposing the changes. There didn't seem to be any harm to go through the conditional use permit on it. Do you have any concerns with that? Rountree: Well, previously it was that way years ago. It seems that every time that comes up there is such a human cry about not allowing it that it was changed to make it prohibited and now we are going back the other way and we will have I believe the same kind of response, that neighbors are not going to be particularly excited about a group daycare in an R-4 zone. Watters: It is -- it is allowed in an R-8 district, too. Rountree: I understand that. Watters: But I don't recall whether that -- you apparently do -- that that was allowed before. Kristy may be able to give some input on that. Come on up, Kristy. She's been involved in the daycare stuff more than I have. Hoaglun: And, Kristy, just for the record give us your name so we get it on the record correctly. Vigil: Okay. Kristy Vigil. Assistant city planner. Hoaglun: Thanks, Kristy. Vigil: Good evening, Council President, Members of the Council. I do most of the daycare --Ideal with most of the daycare conversations, the people who call into our office and people who call into us don't understand why they can't apply for a group for up to 12 children within their home in one district and not another district and so we wanted to bring it before the public hearing process to see how it would workout and see what they -- maybe if there was history and be able to give them some better answers, because from my limited knowledge -- UDC is my first knowledge from 2005, really. The Title 11 -- Title 12 I didn't really get into very much, so I had pretty limited knowledge on that and I didn't really have a very good answer for them, so I told them that I would take it before and let it run the due process and, hopefully, to get some enlightenment on it. Hoaglun: Thank you, Kristy. Any questions for Kristy? Councilman Bird Meridian Ciiy Council April 17, 2012 Page 9 of 56 Bird: I agree if we -- it is in R-8. I never have understood why we don't have it in R-4. You got the same traffic problems in R-8 as you do in R-4 and that's the most problems that I have been approached with is the traffic -- the extra traffic an the street. But if we are going to allow it in R-8 I don't see why it's going to hurt us in R-4, if we are consistent. Hoaglun: Any other comments or questions, Council? Rountree: I have none. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I was just going to -- my recollection is similar to Councilman Rountree's and my experience on the Planning and Zoning Commission was that every application -- at the time it was a conditional use in R-4 and every application was accompanied by a full room full of neighbors and friends objecting to it. It raised many issues. Noise. Safety. Traffic. And that happened so many times that I think at one point we did say, okay, let's just say this is not possible. R-8 did seem to be enough different in that people expect traffic and some amount of noise in an R-8 zone, so t'm -- I'm not really falling on one side or the other, although I am commenting that I agree with why that happened, along with Councilman Rountree. Hoaglun: Okay. Thank you. Zaremba: There was a reason. Hoaglun: This is a public hearing on the changes to the UDC. We didn't have anyone sign up, but does anyone wish to comment? You're welcome to do so at this time. It's a quiet bunch tonight. Okay. Sonya, anything you want to wrap up with? Last thoughts? Wafters: No. Hoaglun: Okay. Council, what are your wishes on this? Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we close the public hearing on ZOA 12-001. Rountree: Second. Meridian City Council April 17, 2012 Page 10 of 56 Hoaglun: We have a motion and a second to close the public hearing on ZOA 12-001. All those in favor say aye. Any opposed? Hearing none, we close the public comment hearing. MOTION CARRIED: ALL AYES. Hoaglun: Council, it is before you. Rountree: Mr. President, discussion. I would like to see that particular item that we talked about explored a little more with staff and get into the history. There is some interesting history there I think that might bring both of those residential districts in line, but Idon't -- 1 don't want to approve that particular element right now without a little more information. Hoaglun: Okay. Are you moving to hold this item to a time certain to -- what's your -- Rountree: What I'm suggesting is if there is an inclination of approving it, that we approve it with that one item referred back to staff for further analysis. Hoaglun: Okay. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Councilman Rountree, you want to reopen the public hearing and, then, continue it? That way we can get some public input if they want. Rountree: That's fine. Bird: I think that would be the best way to continue it, in my opinion. Rountree: That's fine. Hoaglun: We can do that if changes are brought back. Rountree: Do you want to -- Wafters: Well, if I may input. President Hoag-un, if you would rather you can do that or if you would rather we can hold this over until a future code amendment if you would like to. Zaremba: Mr. President? Hoaglun: That is an option. Councilman Zaremba Meridian City Council April 17, 2012 Page 11 of 56 Zaremba: Again, giving my interpretation of what I think Councilman Rountree was suggesting, I would be comfortable approving everything with the exception of that one paragraph, if that's possible to do, and just holding that one subject over. Hoaglun: And Councilman Zaremba --and still have staff research that, come back and say there is still a need for a change or after looking at it again we don't need it. It sounds like to me that we have gone through and they are getting from the one side people who are trying to make the application and wondering why it doesn't work the same way. So, we know that -- it sounds like there is a need to do it from that perspective, but historically it sounds like -- and not having been on the Council as long -- that you guys have run into that where there have been push back when you try to do that in those -- those zoning areas. So, I wouldn't mind having the historical background and learning more about that to see if there is a way to make it work or not work, so -- Zaremba: Mr. President, I am agreeing with that. I'm just saying I don't feel the need to hold up all the rest of the changes just for that one thing that I would like to discuss farther as well. Hoaglun: Okay. Bird: Make it a motion. Hoaglun: We can -- Rountree: Mr. President? Hoaglun: Councilman. Rountree: I move that we adopt the UDC text amendments, with the exception of the one amendment that -- with respect to group daycares. Do you need any more than that? Zaremba; I'll second that. Hoaglun: There is a motion and a second to accept the changes to the UDC, with the exception as noted to group daycares in R-4 districts. Roll call vote on that, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: Alt ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Great. And, Sonya, we can get that process rolling on that other and we can schedule a time to hear that again, so -- Meridian Cify Council April 17, 2012 Page 12 of 56 Wafters: For clarification, do you want that to come back for that information and, then, after that meet in a subsequent meeting for the findings? Hoaglun: My thinking is I would like to receive that information and we can do that publicly to find out the background, history, a little more about what those pressures are to make a change versus why it hasn't been changed or -- the cycle, as Councilman Rountree referred to it, it sounds like it's been through that a couple times. And, then, we can determine what we do from there with that particular portion. Watters: Okay. So, findings don't need to be prepared for the next meeting on this, then? Hoaglun: Unless -- Council, does anyone have the needed for findings? Watters: 1 won't necessarily be able to, I guess, is what I'm getting at without a decision on this --this one, so -- Hoaglun: Sonya, I'm missing the point here. Rountree: Don't understand why that would be the case. Watters: Well, if I prepare findings it's going to include the one that you have a question about, so -- Hoaglun: We didn't approve that one. Watters: I know. That's my point. Are you just wanting this continued for discussion at the next hearing on this one item and, then, I wilt come back at another meeting for the findings? Rountree: Mr. President, my understanding is it would come back with a future text amendment for the UDC. Watters: You want this one just pulled out of this amendment and it will come back with another application down the road? Rountree: Yes. Watters: Okay. I didn't understand what you meant. Okay. Sounds good. Nary: Mr. President? Hoaglun: Yes, Bill. Nary: Did I -- maybe I misunderstood. Do you want this to go -- if you do that this is going to go all the way back to Planning and Zoning or do you just want to separate this Meridian City Council April 17, 2012 Page i 3 of 56 -- we still have to bring you an actual ordinance, so we would bring you an ordinance to make all these other changes into the UDC but for this one and you're going to have a future discussion within the next month or so on this particular item. If you decide to grant this, then, we would bring that forward as an ordinance as well. Rountree: Correct. Nary: Was that your intent? Rountree: Yes. Nary: Okay. So, we are not going to start all the way over -- Watters: Right. I didn't expect that. Nary: Okay. Zaremba: Yeah. Mr. President, that -- that was my understanding that the whole offering ZOA 12-001 has been approved with this one exception, which we withdrew from it and have not approved yet. Nary: Yes. Zaremba: So, the rest of it can go forward and be implemented however it needs to be done. Hoaglun: And, Mr. Nary, you suggest they will work on that, come back, and, then, we will decide to go from there. So, I think we are in agreement on how to move forward, so -- Zaremba: Separated them. C. Public Hearing: MDA 12-001 Sgroi Property by Nunzio Sgroi Located at 4405 E. Ustick Road Request: Amend the Development Agreement to Modify the Conceptual Development Plan to Allow 14Single-Family Homes and Two (2) Townhomes on 2.81 Acres of Land in an R-8 Zoning District Hoaglun: Yep. All right. We will move on to Item 7-C, public hearing on MDA 12-001. And who -- Sonya, are you up? Watters: Uh-huh. Hoaglun: All right. Meridian City Council April 17, 2012 Page 14 of 56 Watters: Thank you, President Hoaglun, Members of the Council. The next application before you is a development agreement modification. The subject property consists of 2.81 acres of land. It's currently zoned R-8 and is located at 4405 East Ustick Road, on the south side of Ustick, approximately a quarter mile west of Cloverdale Road. And I guess just for clarification, this hasn't technically been annexed yet, but Council did approve annexation of the property with an R-8 district back in 2008 and we are still waiting for the development agreement to be signed. So, we are doing a modification to a development agreement that's been approved, but not yet signed by the applicant. A summary of the request. The applicant requests approval to amend the existing development agreement to modify the conceptual development plan, building elevations, and certain provisions of the agreement. The previous development plan for this site was for an assisted living facility that you see here on the overhead. The applicant now proposes to construct 14 single family detached homes and two townhomes on 2.1 acres of land with a gross density of 5.7 dwelling units per acre, consistent with the R-8 zoning and medium density residential future land use map designation for this property. Access to the site is proposed at the south boundary of the property via Sharon Avenue and Red Feather Estates Subdivision in accord with the UDC and Ada County Highway District standards, since access to Ustick Road is prohibited. A driveway is depicted on the concept plan on Lot 6 where you see the arrow there to the property to the west for cross-access as required by the development agreement. The applicant proposes to modify certain provisions in the development agreement as follows: Number 5.1.3, remove the requirement for residential densities not to exceed that allowed in the R-4 zoning district. This was a provision placed on this. Although the property was zoned R-8, they restricted densities to the R-4 standards. Zoning of this site is R-8, consistent with the future land use map designation of the medium density residential, which allows three to eight dwelling units per acre. The density that is proposed is below the maximum amount of -- at 5.7 dwelling units per acre. And, then, a second modification is to number 5.1.4, to modify the requirement for the certificate of zoning compliance and design review approval to apply it to the proposed townhomes only and be consistent with the site and elevations proposed with this application. Written testimony was received from James and Irvana Sell. They had concerns about unsafe traffic conditions, especially in regard to school children. They would like to have safety measures implemented, such as signage notifying motorists of the school zone, speed bumps, et cetera. Additionally, they oppose the density increase from the previous approved use of the assisted living facility and the residents will have access to the common area in Red Feather Subdivision. Written testimony was also received from Thomas Whitworth, the applicant's representative, in agreement with the staff report, except for the following change: The applicant requested that DA provision 5.1.A be modified to allow -- would require the septic system within the project to be removed upon development of the property, rather than within six months after the date of annexation ordinance approval. And staff is okay with that request. Staff is recommending approval of the development agreement modification application with the modifications noted in Exhibit A and the previously mentioned change to 5.1.A. Staff will stand for any questions Council may have. Meridian City Council April 17, 2012 Page 15 of 56 Hoaglun: Thank you, Sonya. Questions from Council? Bird: I have none. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: Sonya, would you put up the previous display? I guess the one prior to that. The layout. And what's the zoning around this parcel again? Watters: It is R-8. Rountree: And what's to the -- to the east? Watters: That is a school. Elementary school. ft's in the county. Rountree: Okay. Hoaglun: Sonya, I have a question. When the assisted living was being proposed was the access off the same street or was it off of Ustick? Watters: Councilman Hoaglun, the access was shown on the concept plan off of Ustick, but the development agreement did require the access be taken off of Sharon. Bird: Yeah. Hoaglun: Okay. Thank you. Anything else, Council, right now? Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: Does the development agreement address the amenities that might be proposed with this and the sidewalk and that sort of thing and how that would be phased in with the project? Watters: Councilman Rountree, Councilmen, the sidewalk will be constructed with the road improvements to Ustick, the widening, and the site is under five acres in size, so there are not site amenities required or open space with this subdivision. Rountree: Thank you. Hoaglun: Okay. This is a public hearing. We do have some folks signed up. If you would like to testify I'll call your name, come up, give your name and address and you have up three minutes to state your case. If you just signed up, you're for or against the Meridian City Council April 17, 2012 Page 16 of 56 project and don't want to speak, just indicate and we have your name on the record. So, we will start that right now. Adam Flaherty has signed up against, so Adam, welcome. Flaherty: City Council, Mr. President, I'm on the HOA in Red Feather -- Hoaglun: Okay. Name and address. Flaherty: Adam Flaherty. 536 North Sharon Avenue. Bird: Thank you. Flaherty: Meridian. We have currently 46 signatures against the rezoning of this property. Highly based on the fact that Ustick Elementary is there, our children walk right past there to get there and there is nothing really other than across-walk for them now. Roughly 61 homes now, which is by the plans not -- you mentioned Sharon. But it's actually going to tie into Race the way it's drawn out and there is -- if you look at our subdivision currently there is all kind of homes that use Race now. My biggest concern -- you get more homes in there, obviously, they are going to use our HOA and our amenities on top of the increased traffic flow. I mean you're adding four lanes to Ustick, but you're going to pack more traffic onto a residential street. The prior access to this property was Ustick, so that's my biggest complaint is why can't we continue to come off of Ustick. The other thing (would like to propose is to have this delayed to after our annual meeting next month, so we can approach it to our homeowners, so they have a better understanding of what's going on, because most did not know about this, other than the ones we went around home to home to talk about and talk to. And, then, like the one homeowner had mentioned about adding speed bumps, because we had proposed that, speed bumps at Granger and Grenadier with ACHD in the past and it had gotten denied, but I think adding even more vehicles we would -- that would almost have to be a must. And they also had a temporary speed -- stop signs in there right now for the road construction on Ustick and the other thing I would ask if this did get approved if we could leave them stop signs in place, because it's helped traffic flow for safety of our kids already. That's all. Thank you very much. Hoaglun: Okay. Any questions for Adam? Bird: I have none. Hoaglun: Okay. Thank you, Adam. And now I'm going to do what I should have started out -- you got a preview of coming attractions on the list. We usually let the applicant go first and present their case. So, is the applicant here to speak? We will do this and, then, we will go back to the list of people signed up. So, sorry about that. Got a little ahead of myself. Meridian City Council April 17, 2012 Page 17 of 56 Whitworth: Thomas Whitworth. 953 North Roosevelt, Boise. 83706. Basically, we agree with all the items in the staff report and just waiting for a positive reaction from you. Hoaglun: Okay. Whitworth: Any questions for Tom while he's here? Rountree: I have none. Hoaglun: Okay. And, of course, I will give you time to close following the testimony. Whitworth: Thank you. Hoaglun: Thank you, Tom. Okay. Continuing on. Jeanie Bail is signed up against. Jeanie. Bail: Thank you. Jeanie Bail. 4371 East Spear Fish Drive. And as Adam had presented, we are very concerned about the school children and how this will impact their availability of safety going to and from school. As you can see with Ustick School, that actually is an opening off of their yard for many children that ride their bikes and walk past there to and from school, as well as a lot of events that happen after school hours. There is continual parents that park along there to pick up their children and drop them off as well and many of us don't see how adding at least two cars per residence will insure safety for our children, as well as maintaining the safety for us property owners of them respecting our areas and doing the speed limits that they should, you know, just generally being safe for our families. So, this is a great concern for many of us. Hoaglun: Okay. Thank you, Jeanie. Any questions? Rountree: Yes, Mr. President. Hoaglun: Councilman Rountree. Rountree: Could you point what you just talked about out on a graphic? Bail: Yes. Rountree: Because I'm confused where the traffic conflict is. Holman: If you -- Sonya, if you could get it back on the right slide? If you push one of the colored buttons on top of the screen there, that will change your color and, then, your pen will write with that color, rather than changing the slide. Meridian City Council April 17, 2012 Page 18 of 56 Bail: So, the area that the children come out is actually right here. There is a walk and a crosswalk area and it is our understanding that the access is probably going to be along this area here. But, again, a lot of the, you know, parents and everything are parked along here to pick up and drop off their children every day. Hoaglun: And, Jeanie, I might ask -- that particular lot where you just drew the line where they walk to, is that just the ACHD drainage tot? What is right there? Bail: Yes. That is a drainage area, as well as a home is next to it. Hoaglun: Okay. Thank you. Any other questions, Council? Rountree: I have none. Hoaglun: Okay. Thank you. Bail: Thank you. Hoaglun: Also signed up Judy Barney against. Welcome. Barney: Hello. Judy Barney at 4008 East Conklin Drive. The -- the things that I was going to talk about have been addressed, but I would like to reiterate them at Ustick, why it isn't there if it has was already been approved by the prior homeowners. This creating -- if you come off Cloverdale -- if you come off Cloverdale their major drive is going to be up Sharon to come back into this area and so, again, it's going to increase your traffic area on this street and so if this is approved we would like to see flashing lights approved here. Maybe one speed bump in the middle of Sharon right here to decrease that speed. Traffic signs at 20 miles per hour here and here. The usage of the children coming from this school is going to affect it right here, coming up here to the school, usage of our greenways for their playground area, since it doesn't seem to be approved in here for any -- for them. They are going to use our greenways and perhaps our pool and, yet, not be part of our association. So, again, the Ustick access is what we would like to see. Keeping this part as a fence. If they are going to use our greenways what is going to be done to clear that up? The access from Cloverdale coming up to here, there is a stop sign here. They come up here to Spear Fish. Right -- it doesn't show on here, but they are going to come right down here, come up Sharon and come here. Otherwise it's off Ustick and it's going to be along that major street right here. So, it's an increase of at least 40 cars and probably more and, again, this not only affects Red Feather, but Dawson Creek -- Creek is right over here and it also will affect that area and those children that also use this same area to get to Ustick School. So, those were the concerns of that -- that we were talking about so far that we would like to see addressed or the improvements for the safety of our children addressed being one speed bump into here, flashing light, and a cross ways -- all children are taught to -- to cross at crosswalks and there is not one crosswalk marked on those 11 stop signs, except right there at the school. That's a major issue. Those children are crossing everywhere, including at the stop signs, but they are crossing in the middle of the road, Meridian City Council April 17, 2012 Page 19 of 56 because there is nowhere shown where to cross at. is there anything else I needed to address on that? Okay. So, that should reiterate what was said and, hopefully, make that a little clearer as to how much usage is coming off Cloverdale right here, Dawson Creek, our neighborhood and the addition of the motor vehicles there. Thank you. Hoaglun: Thanks, Jeanie. Any questions for Jeanie? Rountree: I have none. Hoaglun: Okay. Thank you. Next person signed up -- yes, Councilman Zaremba. Zaremba: Better turn my mike on. A number of the subjects that have come up are actually under the jurisdiction of Ada County Highway District and I guess my question is I know the original proposal would have been run past the Ada County Highway District. My question for staff is on a modification of a development agreement do we run that by Ada County Highway District as well? Have they commented on these changes? Watters: President Hoaglun, Councilman Zaremba, Councilmen, yes, ACHD did submit a report on this and they are in agreement with the applicant's proposal. ACRD, as well as city code, does not allow access to an arterial street when access to a local street is available, such as in this case. Zaremba: Thank you. Watters: Their current plan complies with city code and ACHD standards. Zaremba: Okay. Thank you. Hoaglun: Okay. Thank you. Continuing on. Christina Barney has signed up. Okay. She agrees with the previous speaker. Since they share the last name it's in her best interest, 1 assume. No. Brenda Ross signed up against. Brenda, do you wish to address the Council? Ross: President Hoaglun and Councilmen, my name is Brenda Ross. I live at 3720 East Tahiti Drive in Meridian in the Red Feather Subdivision. And I agree with everything that has been brought to your attention already. I wanted to make it clear that the main Red Feather access to Ustick Road is right -- I mean we only have the one that accesses Ustick. There is no traffic light there, it's just a stop sign, and if we add all this traffic from this additional complex I think it's going to create some serious problems. The other thing is people chose Red Feather as a place to live and picked their lots according to the original plan where they would be on a nice quiet street and their children would have access to a school and this is going to be a huge major change for all those residents. Basically, that's all I have to say. When we first heard about the plan to put these homes in we didn't really have any objection to it until we realized that they would -- their only access to Ustick would be though our Red Feather Meridian City Council April 17, 2012 Page 20 of 56 Subdivision. I think that's our biggest concern and that's all I'd like to say. So, 1 hope it will be reconsidered. Thank you. Hoaglun: Any questions for Brenda? Bird: I have Wane. Rountree: I have none Hoaglun: Thanks, Brenda. Also signed up Carol Menton. Carol? Okay. You're signed opposed. Other person Dick Ross signed up -- D.Ross: I'm Dick Ross. 3720 East Tahiti. The first gentleman that spoke about this asked that this wait until after the gathering of the Red Feather Subdivision folks next month and I would like to encourage that. I'm in Red Feather, 3720 West Tahiti Drive. Didn't know this development was going in until I saw the flier, which must have been with the original senior center or what -- I`m sorry. What was it called before? Hoaglun: Assisted living center or -- D.Ross: Assisted living. And at that time the access was off Ustick, so I didn't have any problems with that. Now, as you have already heard, we have concerns, because it's coming back into Red Feather. If this is approved these folks need to be part of the Red Feather Association and pay dues, which there hasn't been any presentation to the association to do that as far as I know. The other thing that concerns me -- and if I can put another red line on here, there is talk right here in the development that there is going to be an access road to this piece -- parcel that's still undeveloped. What's going to happen there? If we approve it today we know what's going on with that acreage or that -- 1 have no idea what size it is or what kind of use it is. Why would those people also have to go back through Red Feather Subdivision, instead of going out onto Ustick. A simple solution to all these problems, in my mind, seems to be to go either back to Ada County Highway and see why we can't access Ustick and apparently you folks have already approached them, but that needs to be readdressed again. We don't need this kind of traffic in the Red Feather Subdivision. Another possibility would be for the developer -- whoever owns this property to do a land switch or a land trade with the Meridian School District. These are done all the time and that property would very nicely work well with Meridian School District, which adjoins it right now and those folks have all kinds of land available for this kind of development somewhere else. It's the old NIMBY thing, right? Not in my backyard. Thank you. Hoagfun: Thank you, Dick. And any questions? Rountree: I have none. Thank you. Bird: I have none. Meridian City Council April 17, 2012 Page 21 of 56 Hoaglun: Okay. Diane Madsen. Signed up against. Madsen: Good evening, Council. Diane Madsen. I'm at 4247 East Palm Street. I just am mostly concerned about the children crossing. There is a sidewalk there. They don't just go to and from school there, they linger there after school playing in that little green area and on the sidewalk right where that street would come out of that proposed subdivision. Sometimes I go, you know, like an hour after school and there is still -- there is kids there all the time. So, I just wanted to reiterate that. And I also agree that this should be part of our subdivision and they should pay dues. We already have problems with neighboring subdivisions of children climbing the fences to get into the pool. I'm head of the neighborhood watch and I'm -- I'm concerned about that also, just because we already have the problems with people climbing the fences with the safety issues with the pool and things like that. Hoaglun: I have a question real quick. Do you guys do the cards or some sort of access for -- Madsen: We do have cards, but they climb over the fence. Hoaglun: Sure. Okay. Same thing in ours, so -- okay. Madsen: Yeah. Okay. That's all I have. Hoaglun: Thank you. Madsen: Okay. Hoaglun: Shawna Smith. Smith: Never done this before. You guys all seem calm. Shawna Smith. 2504 North Lancer Avenue, Red Feather Subdivision. I actually had a lot of different complaints that haven't been addressed. Their lot sizes are really small and even with that the floor plan for these houses and all of the bedrooms are upstairs -- because they were proposing -- I was looking at some of the prior notes that maybe like seniors could buy those homes and different things like that, but we are just looking at those homes thinking they are really small, you're going to end up with a tot of new beginning people moving in, they won't take care of the houses, and we bought in Red Feather, because it's the top of Corey Barton. It had, you know, all hardwood floors. You had to have hardwood floors, stainless steel appliances -- you know what I mean? It has fiber optics. It's supposed to be this nice neighborhood. And, then, it's not a trailer park per se, but it's almost like they want to put a trailer park into your neighborhood and so I do have issues with that. You know, it's a townhome, it just doesn't stand par with what we were held accountable for to be in our neighborhood and so it doesn't meet any of the standards that we had to meet to live in that neighborhood. I have a problem with that. And, then, my other issue was, again, with the pool. I'm actually on the pool committee. We do have keys. And, then, they break the fences and they have broken clocks, they Meridian City Council April 17, 2012 Page 22 of 56 have broken lights -- you end up with all these teenagers that come through and don't take care of it. I would like to see them part of the Red Feather neighborhood, so that we can fine them, we can have some sort of access -- they -- tiny houses. This isn't always the case, but if they park a great big -- okay. My neighbor in my old neighborhood he would work on his truck and he had a great big crane that takes your engine out of your car in your driveway, we will have no way to have any control over that if it's just a junk yard in our neighborhood. So, I have a concern with that. And, then, our kids walking to school and all the other issues I believe have been addressed. And if you are adding stop lights or leaving the stop signs in, there is one turn that's not on your map where the biggest accidents would be. I would like to add one more stop sign there. Any questions? Hoaglun: Any questions? Bird: I have none. Rountree: No. Hoaglun: Thank you, Shawna. Amber Woolner Woolner: Good evening. Which -- this one? Hoaglun: That works. Woolner: My name is Amber Woolner and I live on 4228 East Race Street in Red Feather. And just to reiterate -- I mean pretty much everything I have been thinking and feeling and concerned about has already been addressed, but just to reiterate it, number one, I'm concerned about our property values and what's going to happen and the economy is not great as it is and we have seen our home values already decrease and, then, to add to it homes that are not part of the HOA that are not concerned about our green spaces, our pools, our parks and they are just going to have access to them and there is no way for us to keep them out and they are not going to be paying -- we pay quite a substantial amount of money every year just to keep them nice and to keep them going and to be able to use them and to feel safe using them. My other concern is, obviously, with the school -- the access to the school is right there right where they are proposing access to these homes. I have a six year old son and I have two other little ones who are going to be going to Ustick Elementary and I let him walk to school with his friends and there is one little area out to Race Street -- I was going to -- Hoaglun: You can use either microphone if you want, Amber. Woolner: I can see him almost get to the school. He goes to his friends house straight ahead and they turn the corner and I would be really concerned for those five feet I can't see him going to the school property, because all those cars and whoever else is there zooming in and out and having no respect for our neighborhood or our children and what's happening there. So, those are really my biggest concerns. Meridian City Council April 17, 2012 Page 23 of 56 Hoaglun: Okay. Great. Thank you. Last one signed up Lacey Holzbauer. Holzbauer: Good job. Hoaglun: I try. With a name like Hoaglun you kind of get used to it being mispronounced, so -- Holzbauer: Yeah. Exactly. Lacey Holzbauer. I'm at 4026 East Chandler Street. I'm sorry. I'm trying not to think of the worst case scenario, but with kids you really don't want to think it could ever happen. We live on this street. If you were to follow this street right here, this is Chandler and so we live -- if you were to continue with this picture we live right here or on this one it's right here. So, my daughter likes to ride her bike to school. A lot of times that is in the street. She always wears a helmet. But can't guarantee, unless !'m there, that she is going to stay on the sidewalk and so I -- I see issues and the odds going up that there are going to be accidents with children, because she's ten, she's not going to be thinking -- you know, she can't even remember to make her bed, let alone I better watch out for those cars. Cars are quiet. If they had a horn on them you could see them coming, like the ice-cream truck, you could see them coming, but you can't see that. On that street -- on the road that -- the access that is proposed, if there isn't room for visitors of the people that are in that complex where are they going to park? Is there going to be an overflow of parking -- I have a neighbor who likes to have family parties and those bring 20 cars and so -- but those cars -- under our HOA those cars can't be overnight and so -- and they can't -- it can't be a regular thing. So, those cars are going to be associated with someone who doesn't have to follow those rules, unless we can tow them. And so there is more parking there that is just a two lane residential road, it's not made for parking on this side, parking on this way, and two lanes in the middle and, kids, watch out. There could be continual parking all the way on both sides. And what if they don't park all the way to the sidewalk, you're now even more -- if you're in a regular residential road typically only one can go by if you got parking on either side. And so it's -- I -- my daughter comes out, here is the walkway, she's coming from school, there is a sidewalk there, she goes straight for it and there is the drainage here, tons of kids going on here and so, then, she gets to the sidewalk and -- before she gets to the street there is a sidewalk, then, it goes this way, the entrance would be right there. And, then, there is a sidewalk that goes this way. And so she, coming off the sidewalk, goes off there, and there she goes. So, that's all I have to say. Hoaglun: Okay. Holzbauer: It's for the kids. That's all it is for me. Hoaglun: Thank you, Lacey. That's all I have signed up to testify. Is there anyone who didn't sign up that would like to testify? The gentleman in the back. Meridian City Council April 17, 2012 Page 24 of 56 Fuhrman: My name is Curtis Fuhrman. I live on 4171 East Race Street in the Red Feather Subdivision. And, you know, just express my sentiments that's already been related by many of the people here. Biggest concern is about where the outlet of this new housing would be located at. Red Feather is a really big subdivision. There is a lot of families in the subdivision and that means that there is a lot of the kids that go to that school and the way that it's designed really isn't very ideal, there has been a lot of people speaking about how even that drop off area at the capacity that we are now is actually very stressed and so there is a lot of different situations where it's hard to see the kids, there is cars, because the subdivision is so large some people do bring their kids and so it is stressed as it is right now. It's actually -- I don't feel that it is safe in its current state and the location where that outlet would be is a very difficult area, because it's putting stress on an area that's already past its capacity and so if I were just to say, you know what, my biggest concern on that would be is if I'm taking my kids to school and felt it would be unsafe as it is now, just to add this additional stress to that, it's really not an appropriate place to do and, you know, my personal sentiment would be that there shouldn't be an outlet there. You know, if there is no way to prevent that type of outlet, then, I believe that the responsible thing is to keep the -- the density of that traffic to as minimal as possible. Thanks. Hoaglun: Okay. Thank you, Curtis. Okay. The developer -- Tom, back up to make your closing remarks. Whitworth: Thank you. The access -- our hands are tied on that. There is nothing we can do about it because of -- ACHD is requiring it to be there. So, as far as the lot sizes, the lots are all meeting the requirements and the guidelines and the parking -- each unit has two covered parking, which is a two car garage and, then, two parking stalls in the driveway and, then, there would be additional parking -- some minimal amount along the street. And, then, other than that, yeah, we would love it if we could access straight across and align with the roadway directly on the other side, but, like I said, we are just following the guidelines from ACRD. So thank you. Hoaglun: Quick question. You know, the couple comments have been that they think this development ought to be part of the homeowners association of Red Feather. Comment on that? Whitworth: It would be -- yeah, we could meet with them to discuss that. That would be fine. Hoaglun: Okay. Questions from Council? Rountree: Mr. President? Have you had a homeowners meeting? Whitworth: Meaning -- we did have one where the -- the open meeting? Yeah. And at that point we originally looked at using all of the site with duplexes and there was opposition to that, so we went back and redesigned it, so that each one of the lots would Meridian City Council April i7, 20i2 Page 25 of 56 be a single family home, except for the two on the side where we couldn't fit anything in except the duplex there. Or a townhome. Rountree: So, you haven't taken this concept back to the homeowners, other than through this process? Whitworth: I sent this in an e-mail back to the homeowners is all. Rountree: Have you approached ACRD on what they would do with respect to the school access? Because I'm not sure they are aware that that's there. Whitworth: The school access on that -- Rountree: The sidewalk that provides access to the school that's off that particular street that you would be -- Whitworth: Well, the sidewalk is actually at the end of that property, isn't it? It's not even next to this. Rountree: I understand that. Whitworth: So, what's your question? Rountree: My question is have you approached ACHD with what they might do at that crossing with an additional access point coming onto that street. Whitworth: I have not. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I have a question that's actually more process oriented. With the original proposal that this be an assisted living center, I can understand why it came through as an R-8 zone. That would be required for the assisted living. Had this been originally presented as a single family residential I would want to have discussed it as an R-4, as is the surrounding subdivision. To me changing from an assisted living to single family dwellings, however many of them there are, is a more significant change than I would make with a deve-opment agreement. I would want to review the possible rezone as an R-4. So, I guess my question to staff is wouldn't it be more appropriate to be discussing what the zoning of this should be if we are changing from an assisted living, which was the original plan? Wafters: President Hoaglun, Councilman Zaremba, Councilmen, the Council has already acted on the annexation request, so I don't believe we could go back and change that at this point. Correct me if I'm wrong, Mr. Nary. Meridian Cify Council April 17: 2012 Page 26 of 56 Zaremba: Actually, that can be withdrawn if the development agreement has not been signed. And, actually, it's not valid until that's signed. Hoaglun: Mr. Nary? Nary: Mr. President, Members of the Council, Council Member Zaremba, no, you're asking a fair question. I mean, yes, they have an R-8 entitlement now. If they were to sign the development agreement they have an R-8 entitlement, but it was based on an assisted living as you stated. The Counci- is free to consider, because it is contractual with the development agreement, to reject this alternative. They can come back and consider whether or not an R-4 would be more appropriate, if that's the more compatible uses in the area or if you feel this is not consistent with development in that area, they are allowed to, essentially, request what they have, but your question is legitimate, certainly can -- the Council can reject it and say, no, you want what's already been approved or if you were to consider residential in this area it has to be compatible with the other zoning in the area as well. That's perfectly fine. Zaremba: Thank you, Mr. Nary. And I would add to that, though, it's approved subject to the signing of the development agreement and some time ago we put a time limit on development agreements as well. Wafters: That is correct, Councilman Zaremba. Zaremba: Refresh my memory. Was it originally done in 2005? I -- Watters: No. 2008, I believe. Zaremba: Okay. Watters: And this applicant did request an extension to that time limit. Zaremba: Okay. Watters: So, they are within their time. Zaremba: Within their time? Okay. Watters: Yeah. And just for clarification on that, the future land use map designation for this property is medium density residential. Densities are proposed -- or allowed between three and eight dwelling units per acre. This one comes out at 5.7 dwelling units. That is a little higher than the adjacent R-4 zoning. The R-4 zoned area is also designated medium density on the Comp Plan. Just information. Zaremba: Thank you Meridian Cify Council April 17, 2012 Page 27 of 56 Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Sonya, Red Feather is R-4? Wafters: Yes, it is. Bird: Okay. Hoaglun: Tom, question -- I'm sure you looked at this in a number of different configurations on what to do and you have an investment and -- as a return on that and did an R-4 pencil out for you? Whitworth: An R-4 does not at this time. It would be approximately 11 units on the property. Eleven to twelve. But the major issue is still there. All of the traffic does have to still flow into Red Feather. Hoaglun: Okay. Anything further for the applicant? Thank you, Tom. Whitworth: Thank you. Hoaglun: Council, what is your -- use the word pleasure, but that's a tough one in these things. Rountree: Mr. President, I'm inclined to stick with the original DA. I do understand that the access would be back into the subdivision no matter what happens here, with the exception of a commercial establishment and that might change it. That would keep the densities at the R-4. Just as a suggestion, I would suggest that the developer work with the subdivision and Ada County Highway District. This is not much different than a subdivision that I live adjacent to and drive though on a daily basis and the crosswalk situation from the school is -- is painted, it's signed, and there is daily crossing guards. So, that kind of thing can be worked out. But ! -- I don't -- I don't have a strong desire to change what's been already approved. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I agree wholeheartedly. I do not see any reason to change it from an R-4 zoning period. I will say one thing, that if we -- if you leave an entrance there and -- on their drive to the south and you get an entrance to the -- to Ustick off -- in that deal, well, then, we will be hearing complaints of these people in this subdivision from the Red Feather people going through their subdivision. So, if you get one from Ustick you better close the one on the back. Meridian City Council April 17, 2012 Page 28 of 56 Hoaglun: Well, fortunately, Councilman Bird, we have dealt with ACRD on that and that's going to beano go, so -- Bird: Yeah. Hoaglun: -- so that's beating your head against the wall on that one, so -- and, Councilman Rountree, I do agree, I think they would be more amenable to doing some things -- signage and striping on the streets for the crossing. The issue of the school kids and keeping them safe -- and it sounds like the situation is such they could use that right now, even if this development is not going in, that this is something that needs to be done. Zaremba: Mr. President? Hoaglun: Councilman Zaremba Zaremba: I agree with those suggestions and it is something that I think needs to be addressed with Ada County Highway District whether this subdivision moves forward or changes form and doesn't change form. ACRD needs to be made aware of and to deal with those issues, regardless of what happens here. I tend to agree with what I think Councilman Rountree said is I'm not favor of this modification. The original development agreement, which is not signed, is still available to be signed. That would be an assisted living center and, yes, it would still have access not to Ustick, but to this internal street. But I'm inclined to deny this modification to the DA and if they want to make it something other than assisted living, then, I want to talk about it going to R-4. Nary: Mr. President? Hoaglun: Mr. Nary. Nary: Yeah. Mr. President, Members of the Council, if you approve Item 8-B, which is the appointment for the Traffic Safety Commission, I will add this to our next agenda discussion. ACRD is a member of that commission as well and they do -- they do have all the schools in mind. I don't know if Ustick Elementary is slated for any of these types of school safety crossing types of improvements, but I would agree, basically, from the information you have tonight, at least it needs to be brought to their attention. It may be in the program somewhere. I don't know that. But we will add it to the traffic safety agenda for the May meeting just to get it on their radar, because, obviously, by the next school year you would want to have crossing signs and the like there now. I agree that it's certainly -- at least needs to be evaluated today. Bird: Or look at what happens. Zaremba: Great. I appreciate that for sure Bird: Mr. President? Meridian City Council April 17, 2412 Page 29 of 56 Hoaglun: Councilman Bird. Bird: Well, hearing no more public testimony or stuff, I move we close the public hearing on MDA 12-001. Rountree: Second. Hoaglun: I have a motion and a second to close the public hearing on 7-C. All those in favor say aye. MOTION CARRIED: ALL AYES. Hoaglun: Council, MDA 12-001 is before you. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I move that we deny MDA 12-001. Rountree: Second. Hoaglun: I have a motion and a second to deny MDA 12-001. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Public Hearing: TEC 12-006 Ambercreek No. 2 by Trilogy Department, LLC Located Near Southwest Corner of N. Meridian Road and W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Piat Hoaglun: Continuing on, we have Item 7-D, a public hearing TEC 12-006, Ambercreek No. 2 by Trilogy. And, Sonya, you're up again. Watters: Yes. Hoaglun: Okay. Watters: Thank you, President Hoaglun, Councilmen. The next application before you is a request for a two year time extension on the preliminary plat for Ambercreek Subdivision No. 2 to obtain the city engineer's signature on the final plat. The site Meridian City Council April 17, 2012 Page 30 of 56 consists of 16.47 acres of land that's currently zoned R-8 and is located near the southwest corner of Meridian Road and McMillan Road. Hoaglun: Sonya, one second. Folks, I need you to take the conversations outside, please. We still have many more meetings to go through. Thank you. Okay, Sonya, go ahead. Watters: The subject preliminary plat consists of 74 building lots. This is the fourth time extension requested by the applicant. If approved the applicant will have until March 23rd, 2014, to obtain the city engineer's signature on the final plat. Staff recommends three new conditions of approval with the subject time extension to coincide with the recently adopted surety requirements set forth in the UDC and the new Public Works street light requirement. Written testimony was received from Shawn Brownley, the applicant's representative, in agreement with the staff report. There are no outstanding issues for City Council and staff is recommending approval of the subject time extension. Hoaglun: Any questions for Sonya, Council? Bird: I have none. Hoaglun: Not -- Rountree: Mr. President? Hoaglun: Yes, Councilman Rountree. Rountree: I missed this. The zoning to the south is R-8 as well? Watters: That is correct. Rountree: Okay. Thank you. Hoaglun: is the applicant's representative here? Shawn? Brownley: President and Members of the Council, for the record Shawn Brownley. Business address at 2358 South Titanium Place in Meridian. And we are just requesting approval for a time extension and reasoning for -- unfortunately, economic slow down. 1 think it's getting better, so, hopefully, this is the last time, knock on wood, we will be before you for a time extension. And thank you, Sonya, we do concur with the staff report and with that said I will stand for questions. Hoaglun: Thank you, Shawn. Any questions? Rountree: I have none. Meridian City Council April 17, 2012 Page 31 of 56 Hoaglun: Thank you. Brownley: Thank you. Zaremba: Public comment? Rountree: Public hearing. Hoaglun: Oh, yeah. They kind of cleared out, so I thought -- this is a public hearing on TEC 12-006. Is there anybody else who would like to speak to this issue? As suspected, but I have to do that for the process. Rountree: Mr. President? Hoaglun: Yes. Rountree: Seeing none, I move that we close the public hearing on Item 7-D. Bird: Second. Hoaglun: Motion has been made and seconded to close the public hearing on 7-D. All those in favor say aye. None opposed? MOTION CARRIED: ALL AYES. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve the time extension far TEC 12-006. Zaremba: Second. Hoaglun: I have a motion and second to approve the time extension on 7-D. Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. E. FP 12-003 Paramount No. 18 by Brighton Development, Inc. Located West of N. Meridian Road Between W. Producer Way and N. Fox Run Way Request: Final Ptat Consisting of 19 Residential Building Lots and One (1) Common Lot on 5.66 Meridian City CounciE April 17, 2012 Page 32 of 56 Acres in an R-8 Zoning District Hoaglun: Moving on to 7-E, FP 12-003. Paramount No. 18. I will just call Sonya, just out of habit. Watters: Thank you, President Hoaglun, Members of the Council. The next application before you is a final plat for Paramount Subdivision, Phase 18. The site consists of 5.66 acres of land. It's currently zoned R-8 and is located west of North Meridian Road between West Producer Way and North Fox Run Way. Subject property was annexed and preliminary platted in 2003. This is phase 18, consisting of 19 residential building lots and one common lot on 5.66 acres of land. The gross density proposed in this phase is 3.36 dwelling units per acre, with an average lot size of 8,515 square feet. Open space consists of six and eight foot wide parkways adjacent to the proposed public streets. Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat. Written testimony was received from Mike Wardle, the applicant's representative, in agreement with the staff report. There are no outstanding issues for City Council and staff is recommending approval of the final plat with conditions in the staff report. Hoaglun: Thank you, Sonya. Any questions for staff? Okay. Mike, any comments? Okay. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve FP 12-003, Paramount No. 18. Rountree: Second. Bird: Final plat. Hoaglun: I have a motion and a second to approve Item 7-E. Madam Clerk, wil( you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: We have before us -- all ayes. Motion carries. MOTION CARRIED: ALL AYES. F. FP 12-004 Zebulon Heights Subdivision No. 5 by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 39 Building Lots and 3 Common Lots on 14.39 Acres of Land Meridian City Council April 17, 2012 Page 33 of 56 Hoaglun: We now have before us Item 7-F, FP 12-004. Sonya Watters: And the last public hearing before you is the final plat application for Zebulon Heights Sub No. 5. This site consists of 14.39 acres of land. It's currently zoned R-4 and is located south of East McMillan Road and west of North Eagle Road. The proposed final plat consists of 39 single family residential building lots and three common area lots on 14.39 acres of land, for a gross density 2.71 dwelling units per acre. Staff has reviewed the proposed plat for consistency with the approved preliminary plat and found there to be two fewer building lots than shown on the preliminary plat. Because the number of building lots is fewer and the amount of common open space has not decreased, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required. Written testimony was received from Becky McKay, the applicant's representative, in agreement with the staff report. There are no outstanding issues for City Council and staff is recommending approval of the proposed final plat with the conditions in the staff report. Hoaglun: Thank you, Sonya. Questions for staff? Rountree: No. Bird: I have none. Hoaglun: Is there a representative of the applicant anywhere? Rountree: There is Sheri. Hoaglun: Okay. Council? Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve the final plat 12-004 for Zebulon Heights, subject to staff's comments. Zaremba: Second. Hoaglun: We have a motion and a second to approve Item 7-F. Madam Clerk, will you, please, call the roll. Roll Calf: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. 7-F is approved. MOTION CARRIED: ALL AYES. Meridian City Council April 17, 2012 Page 34 of 56 Item 8: Department Reports A. Planning Department: Home Occupation Discussion Hoaglun: Moving on. We will start with Department Reports. First up is Planning Department home occupation discussion. Kristy, do you have this one? Vigil: Now you know why I'm really here. Hoaglun: That's right. You do not look like Pete Friedman, that's for sure. Vigil: No, I'm not Pete Friedman. Kristy Vigil with the -- assistant city planner, Planning Department. And I'd like to thank Sonya for clearing the room for me. All right. tam here before you tonight to present my research on home occupations and accessory structures with other codes across the nation and locally and what I have found. I researched, gosh, probably 50 to 75 different home occupation codes all over the place and I have to start by saying the City of Meridian really is normal. We are not out of the box by not allowing them in accessory structures. I did find few of them that did allow them in accessory structures and the ones that I did find, most of them allowed them for like 25 percent or they even capped them at 250 square feet or something like that. Boise City, they actually allow them in accessory structures and they capped it at 500 square feet. Locally also I called Eagle. Their code is actually written not to allow them in accessory structures, but their determination has been made to allow them in accessory structures. Most of the places that do allow them in accessory structures were not on the west coast. Most of them were not on the west coast. Most of them were out of our region for the most part. And also I researched storage of materials, because that's been a hot topic also lately and we are absolutely on topic with storage of materials. Nobody allows them outside. Period. They all required them to be inside, whether it's within the dwelling unit or an accessory structure. As I kept going into this researching, I thought, well, let's look at incompatible land uses, because if you're approving a home occupation and you have an accessory structure, you don't want somebody who goes in there and opens, you know, vehicle repair or a kennel or something that is more intensive land use than really a residential unit is allowed and so I went through and a lot of these codes that I researched actually listed prohibited uses and the UDC is consistent with listing the prohibited uses, we just do it within the standards -- in the home occupation standards, we do it in Chapter 2 of the residential zoning districts by stating that if the use is not allowed within our table, then, it is a prohibited use. So, an example would be motor repair. It is not allowed within the residential districts, so we would not even allow that as a home occupation. And, then, the last area I researched was retail sales, again, another topic has come up recently and we are -- we are either ahead of the curve on that by allowing the -- on a limited basis, has to be associated to the personal aspect of it, so if you have a hair salon or something like that, or if you fabricated on site. My example, typically, for fabricating on site is a bird house or something of -- you know, it's small in nature than if you're trying Meridian City Council April 17, 2012 Page 35 of 56 to make very large objects and, then, a lot of codes I read don't even allow retail sales at all and we used to not allow retail sales at all as well and, then, we started allowing them fabricated or produced on site and as part of a personal service home occupation, like a hair stylist or something like that. So, I kind of went quickly through my memo that I gave to you guys, but I want to give you plenty of opportunity to have discussion and ask any questions that you might have. Rountree: Mr. President? Kristy, did you find in any case where it wasn't allowed there was some appeal process that was clear, maybe not quite as expensive and laborious as ours -- Vigil: President Hoaglun, Councilman Rountree, Councilmen, I actually did not look at fees when I was doing this research to see if there was another process where it wasn't as laborious as ours, but I didn't see during my process where they really had an appeal if you didn't meet the home occupation standards either. In Boise city if you want to go over 500 square feet you're required to have a conditional use permit. Rountree: Okay. Vigil: So, which would be even more than what we do with the appeal process. Rountree: Yeah. Okay. Thank you. Vigil: You're welcome. Hoaglun: Question, Kristy. So, in the valley Boise and Eagle do allow accessory structures, but the limit in Boise is 500 square feet and is that the same for Eagle or are they 250? Vigil: Eagle doesn't have a standard. It actually says it's prohibited, but their determination has been that they do allow them, because they had -- it was just an out cry. I had a feeling when I was looking at Eagle's code, I'm like, you know, you better call them and check, because that's just kind -- I know Mike Orien in Eagle and I just had a feeling to call him and he told me it's been a determination to allow them. Hoaglun: Okay. Interesting on retail sales, I understand where retail sales are, but like hair salon, that is for self service, so there is kind of -- we do allow a mix to some extent of retail sales as kind of broadly defined, I guess. Vigil: Well, it says to the personal service aspects, so if -- if you look at the definition of personal service in the UDC it's going to be limited to your hair salons and your massage -- your spas, those kinds of things. Honestly, when I approve most of these home occupations most of them don't even have a retail sales component. The ones I have really ever approved have been in home salons. Most people when they call -- and they do sell other stuff out of their home, it's just -- they stop. Meridian City Council April 17, 2012 Page 36 of 56 Hoaglun: Okay. Vigil: They don't pursue. They look for a commercial location. Hoaglun: Okay. To follow up on that. But if I guess sales -- thinking of products where they may go out and visit other people to sell their product -- I mean that's -- they can store that stuff, they can do all that. What if they have in-home demonstrations, but they are selling the product there or they are selling other things that -- opportunity for another person to take part in that sale, so -- Vigil: They all tell me they go other places. Hoaglun: Okay. Vigil: I will be honest with you, they -- they do, they all tell me that they go other places. Scentsy, Avon, Pampered Chief -- all of those distributors or representatives, they tell me that they go other places, so I -- I don't have probably a very good answer for you. Hoaglun: And I think, Kristy, you know, most of them do. You know, I know my wife has received those calls for the latest products, to, hey, can I came to your house and call your friends and do a demo, et cetera, et cetera, so I think for the most part they do, but it's interesting. Watters: Yeah. Hoaglun: So -- it's a social gathering. Watters: It is. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: So, Kristy, do you have any recommendations for us after your research? Vigil: I do. Rountree: Well, very good. And what are those? Vigil: I think we should stay status quo. I think -- the home occupation standards are written to allow people who want to run an office or a small -- very -- you know, very small business out of their home to give them the opportunity to be successful and actually have these opportunities out of their home and still protect the residential character and surroundings for what their neighbors signed up for. Their neighbors signed up to live next door to a residential area and we have -- we have plenty of commercial locations where people can locate if they want a bigger operation than what Meridian City Council April 17, 2012 Page 37 of 56 our home occupation standards allow. I have been doing home occupations for probably eight years within the Planning Department and this is the first time I'm before you on this subject and I don't know if we need to reinvent the wheel for all of those different kinds of aspects and I understand we might have some piecemeal residentials that are on -- along arterial roads and if we need to we could always put some standards in that, if you're along an arterial road you get a little bit more than if you're within a subdivision. We could do that as well, but I think our standards have been working and I don't know that we need to open up and compromise the residential character in districts that we have. And after what we saw tonight it's pretty important to them that their residential districts stay how they are. Rountree: Well, I think that's a grant recommendation. Vigil: Well, thank you, Councilman Rountree. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: First, thank you very much for all of that research and that's nice to know that we have acceptable rules in place and, as you have stated, it's really for the protection of the residential feel of a residential neighborhood. It needs to say that way and customer traffic and delivery and shipping isn't normally considered appropriate in a residential neighborhood and even the issues that neighbors with this use afl have to go through a CUP process before Planning and Zoning Commission and, then, the Council -- again, the neighbors would come and say this isn't what I bought my neighborhood in. My neighborhood for and, you know, I want my kids to be able to play in my front yard, not have strangers parking there, and worry about what they are doing and I appreciate and am comfortable with your suggestion that we don't need to change it and I think one of the things that makes me even more uncomfortable with that is that we do actually have an appeal process if -- if somebody just simply thinks that they ought to be the exception, we have an appeal process, but that appeal process incorporates the neighbors into the process as well. So, I'm comfortable with and appreciate your suggestion that we got something right. Vigil: Thank you. If I may just have a few more minutes, President Hoaglun, Council Members. When we had these other topics of discussion recently about, okay, well, 1 want to attach my accessary garage, so I can actually meet your standards, I think if we need to have more of direction on what a structure needs to look like. Roof. Walls. Actual breezeway. And I'd like to get your feeling on how you guys feel about that as well, because that really is my bone to people that I throw out there to them when 1 say, okay, it's not allowed here and they are like, well, how do I attach it without spending a whole bunch of money. I'm like, well, it has to be a structure and a breezeway is a structure, but I think we probably need to give them a little bit more direction on where we want to go with that. Meridian City Council April 17, 2012 Page 38 of 56 Hoaglun: You mean you don't like the response: We know it when we see it? Because that doesn't help you? Okay. I understand. Rountree: Mr. President, I think that's a good suggestion and I would recommend that you sit down with the rest of the planning staff and identify what would fit within the design criteria of the structure and put some words on paper that -- or maybe some graphics that show us some types of architectural elements that would be considered a structure for people to see and visualize and move forward with, as opposed to a few two-by-fours and a couple of vines. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: And I agree with that. Looking towards it being a more substantial new connection and I would involve the building services part of your group, now that you're all together, in that discussion, as well as what it should look like and -- and I agree if we are going to allow people to say, well, I can connect these two structures, we need to have some rules about that, that it should be something more substantial. The one thing that I would add into that discussion is a distinction between what's an accessory structure and what's actually the garage. There are detached garages around as well and we do have a Meridian ordinance that says you must use the garage for parking your car. Vigil: Yes. Zaremba: I would not want to redefine a garage as an accessory structure and give up parking the car there. So, kind of keep that in mind -- Vigi{: We will be careful with that, I promise. Zaremba: -- as well, so -- Vigil: Yes. Zaremba: Great. Thank you. Hoaglun: Councilman Rountree. Rountree: One thing you might want to add to that, what's a structure, you might put in a definition of what may or may not require a building permit. Vigil: Okay. Good point, Councilman Rountree. Anything else for Kristy at this point? Bird: Good job, Kristy. Meridian City Council April 17, 2012 Page 39 of 56 Vigil: Well, thank you. Hoaglun: And to note no one left during your presentation, so -- Bird: You didn't run anybody off. Vigil: There was people though. Thank you. B. Mayor's Office: Resolution No. 12-847: A Resolution reappointing Bill Nary and Tim Curns to the Meridian Traffic Safety Commission Hoaglun: Thank you. Council, next up Item 8-B is a resolution that's reappointing Bill Nary and Tim Curns to the Meridian Traffic Safety Commission. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve Resolution 12-847. Zaremba: Second. Rountree: We have a motion and a second approving resolution 12-847. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: Item 8-C is -- all ayes. Motion carries. I guess I need to get that on the record, I guess, so -- MOTION CARRIED: ALL AYES. C. Mayor's Office: Resolution No. 12-848: A Resolution reappointing Carol Harms to Seat 5 of the Meridian Historic Preservation Commission Hoaglun: Item 8-C, Resolution 12-848 is reappointing Carol Harms to Seat 5 of the Meridian Historic Preservation Commission. Councilman Bird. Bird: We approve Resolution No. 12-848. Rountree: Second. Zaremba: Second. Meridian City Council April 17, 2012 Page 40 of 56 Hoaglun: I have a motion and a second reappointing Carol to the Meridian Historic Preservation Commission. Madam Clerk, will you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: Item -- thank you. All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Parks & Recreation Department: Improvements at 8th Street Park Discussion Hoaglun: And we are now at Item 8-D, Parks and Recreation Department, improvements at the 8th Street Park. And, Mike, are you going to lead us in that one? Barton: Yes, I am. Hoaglun: Great. Barton: Good Evening, Mr. President, Council Members. We need your direction this evening on the use of an existing budget. We have an existing budget of 64,000 dollars that was -- that is budgeted for improvements at 8th Street Park. This is money that was budgeted originally for a pathway construction that connected Bud Porter Path across the new pedestrian bridge and on through the -- the park itself to 8th Street. The pathway we were able to build with CDBG grant money, so the existing budget that was originally earmarked for that pathway construction is -- is still there. So, as you know the 8th Street Park is one of our older parks -- or one of our oldest parks. It has an aging playground and really no other amenities to speak of. Open play field and some drinking water, so what we would like your approval on is to utilize some of that remaining budget money to replace the playground as currently the playground is in disrepair. It's about 18 years old. Replacement parts are no longer available. We are kind of piecing it together in plastic welding and, actually, removing some components as they fail. So, what we would like to do is replace that existing playground. We'd like to construct a 20 by 20 picnic shelter. Part of the playground replacement would be combined with a SWAC application and try to have SWAC do a 50 percent match on that playground purchase. Also, the Parks and Rec Commission did a -- did an amenity survey and identified 8th Street Park as one of the -- one of the parks that is in need of an upgrade and a face lift. They feel that it's underutilized and the addition of some of these amenities -- the playground is a -- you know, kind of a need or a replacement need. Picnic shelter would be an upgrade. We are planning to submit a CDBG application for the next program year to construct a small restroom on the site as well. And so with that we would like your direction on using our existing budget for a different purpose. Same park, different purpose. Hoaglun: Council, questions from Mike? Comments? Meridian City Council April 17, 2012 Page Al of 56 Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I appreciate the need at 8th Street, but we have had a discussion here I believe last week about another major initiative on the part of the Parks Department and my response was what aren't we going to do in order to move forward with the maintenance facility and to me you're looking at 64,000 dollars that's -- oh, it's a tenth of what we are short. Is it better spent there than here? I don't know. I just bring that up, Mike. I appreciate the need. Barton: That's an excellent question. Rountree: But there are other funds that would be available to do the park with CDBG and SWAC monies and those kinds of things, as opposed to out of your General Fund budget. Barton: Yeah. And I think part of the -- part of the discussion and the real -- the real need, if we just set aside the upgrades, the picnic shelter and, you know, put aside the CDBG application for a restroom -- we do have an aging playground that is really in need of replacement, so I think at a -- maybe at a minimum a request to replace the playground or at least provide enough money to do a 50 percent match for some SWAC funds would bring that up to standard. Rountree: That sounds good to me. Hoaglun: That sounds good as well. Councilman Rountree is correct. We are looking for those funds and how do we make it work and if there is a real need, we need to address those, but at the same time we got to make the other work as well, so -- Barton: And that's why we are here, so -- Hoaglun: Any other comments? Zaremba: Mr. President, Ijust -- I agree with what's been said. Just to kind of put a target on it, if -- if it were the playground equipment and a 50-50 match, then, that would be 6,000 dollars or 8,000 dollars or -- Barton: Closer -- closer to 15. Zaremba: The half of it? The 50-50 match would be 15 -- the whole cost would be the 30? Barton: Yeah. There is some potential ADA issues that would have to be addressed at the same time and -- Meridian City Council April 17, 2012 Page 42 of 56 Zaremba: And the fall zone, whatever that material is, and stuff? Barton: Yeah. Maybe reconfiguring the pit a little bit. Not much. I mean there is an existing space there, but it might have to be pushed out in some areas to accommodate something that's -- Zaremba: But that would still leave in the neighborhood of 50,000 that could go into the new facility. Barton: Correct. Zaremba: The new maintenance facility, so -- Barton: Yes. Zaremba: That makes sense to me. Barton: And it's my understanding that SWAC is going to open their program year -- open it up again for future applications, so if -- if the direction is to use 15,000 in combination with a SWAC application, there is a good possibility we can do that this year. Rountree: We wi11 find out here in a little bit if that's going to happen. Barton: Okay. Hoaglun: Okay. So far so good. Barton: Thank you. E. Purchasing: Protest of Non-Responsive Bid Finding and Award of Bid for "Waste Water Treatment Plant (WWTP) Sludge Handling Bed Improvements -Construction" Bid #PW- 12-10049C by GUHO Corp. Hoaglun: You got your direction there and we will see what -- see what else is said. Thanks, Mike. Okay. We have before us Item 8-E, a protest of a nonresponsive bid finding and award of bid and, Keith Watts, you're going to be talking about this ! assume. Watts: Yes, thank you, Council President Hoaglun. In March the Purchasing Department went out for abid -- issued an invitation for a bid for wastewater treatment plant sludge handling bed improvements. We opened bids on March 30th and the apparent low bidder was Guho Corporation. When we came back to the office to review the bids for -- to make sure they were complete, I did notice that the list of subcontractors that Guho Corp had listed exceeded 80 percent -- it was actually about Meridian City Council April 17, 2012 Page 43 of 56 94 percent and I have given you a copy in your packet of Statute 54-1902, which states that it's unlawful for any public works contactor to subcontract in excess of 80 percent of their total project and the Purchasing Department consulted with the Legal Department on whether or not that we deem their bid nonresponsive, since they did list 94 percent of their project subcontractors and they advised me to do so, which I, then, sent Mr. Guho a letter -- or an a-mail letting him know the finding of nonresponsive and giving him the opportunity to come forward. He did send me an e-mail and request to be here tonight and protest that finding. Hoaglun: Okay. Thank you, Keith. Council, any questions for Keith at this point? Bird: No, I don't have any. Rountree: No. Hoaglun: Okay. We do have a request by Mr. Guho to speak and, Nick, if you want to come up and -- and if you wouldn't mind, name and address for the record. Guho: Nick Guho. 1300 West Osprey Ridge Drive, Eagle, Idaho. President and Council Members, can I distribute some paperwork? Hoaglun: Yeah. Go ahead and give it to the City Clerk and she can get that out to us. Guho: What I tried to do is to make something real simple and if you turn to the third page of the bid documents, this particular bid was formatted by the Purchasing Department to have a base bid and one alternate and that bid comprised of, basically, the concrete work under the base bid and the pavement and, then, under the alternate was for the screw conveyor and on the bid documents what I attached was our worksheet. I didn't give you the bid documents, because I don't have them. But when we filled out the list of subcontractors what we did is we -- being that there is a base bid and an alternate, we took the percentage of the electrical and the water control core, who supplies the screw auger, who is actually a supplier, which we are going to install. It was 61 percent of the alternate bid of 123,000. So, the 75,000 dollars 120 -- or 61 percent of the 123,000 dollars. So, back to my first sheet under the base bid, we self perform all of our concrete work and we built Generations Plaza for you here in the city. We also did the treatment plant's laboratory out at the treatment plant now and we -- under the base bid we -- and I don't know if the city is going to just accept the base bid or the base bid with the alternate, so under the base bid we are actually performing 64 percent of the bid item three and nine percent of bid item four, which means that we are actually self-performing 73 percent of the base bid project. And, then, if you add the alternate to the base bid project, we are doing those two items, plus we are self performing bid item one, which is a demo of the conveyor, which means that we are actually performing 39 percent of the work self performing that. And -- and we are also supplying the conveyor, which I even think the Council you're supplying and installing the conveyor, so I think there was a misinterpretation by the Purchasing Department and the way the bid was presented and the way the -- it says a percentage of the bid Meridian City Council April 17, 2012 Page 44 of 56 price and is that of alternate or is that of the -- of the bid plus the alternate is what the confusion is and we -- we put it down as a percentage of the alternate price. So, that's where the confusion is and I think we are very justifiable in being awarded the contract as is and we accept our bid on the project. Hoaglun: Thank you, Nick. Is there any questions for Mr. Guho? Great. Thank you. Guho: Okay. Hoaglun: Mr. Watts, if you would like to follow up. Watts: As far as misinterpreting, Ican see in -- you have a copy of Exhibit 1 that Mr. Guho submitted for his bid and it does say conveyor on there and it -- this form is for the list of subcontractors and I think Mr. Guho will attest that he -- he is stating that that conveyor is -- that's 61 percent isn't even a subcontractor, it's an equipment supply. And I understood that was the claim when we had had conversations prior to this meeting. The fact that we discussed it in the Legal Department was that they put it down as a subcontractor and that's why I wanted to bring it to Council and let Council take a Took at that and declare either way. It addresses it yourselves as whether or not you want to allow a minor technicality that the -- that the bidder placed supplier, not a subcontractor, in a list of subcontractors in his bid. So, basically, the form was filled out incorrectly, that if you're supplying -- if you have equipment that's being supplied you wouldn't put them down as a subcontractor typically on a bid that you're submitting. And in this instance it actually looks like that's what took place. Nary: Mr. President? Hoaglun: Councilman -- Mr. Nary. Former councilman. Nary: Mr. President, Members of the Council, yeah, just to supplement what Keith's saying, I totally get what -- the discrepancy here. The problem we have at the staff level is we can't make that assumption. When someone lists that as a conveyor, my -- would have assumed it was a piece of equipment as well, but a conveyor could be a person, it could be a subcontractor, I don't know what. So, the law doesn't give us that leeway, but it does give you that leeway in this -- in the bid protest to be able to clarify those errors or inaccuracies or whatever you want to call them. It just doesn't give us that at the staff level the ability to do that. The courts are pretty strict at staff, if we simply said, oh, we know what that is, we are going to just change it, we wilt make it right, we get it, court's don't let us do that, they don't give us that kind of leeway, it's a very strict interpretation that we are left with, but in the protest you are allowed to at least consider that and hear all of the evidence that we aren't able to do at the staff level, so that's why it's in front of you tonight. Rountree: Mr. President? Hoaglun: Councilman Rountree Meridian City Council April 17, 2012 Page 45 of 56 Rountree: I see in the breakdown and the list of subcontractors that that item apparently is either -- I suppose is suppliers, water control Corp, but in the trade it talks about screw auger supply slash installation. To me that implies subcontractor. Watts: Yeah. And, actually, that form that you're looking at that Mr. Guho gave you was not part his bid package. That's something he did afterwards to help clarify to you. The other form -- Rountree: Which further compounds it Watts: Correct. Zaremba: Mr. President? Hoaglun: Councilman Zaremba Zaremba: At this point what have the other bidders been notified? What have they been told? Watts: When the Legal Department gave us the direction that we were to take, we did notify the second low apparent bidder that this process was going on, that we were officially notifying them that they were the apparent low bidder at that point and that they did know that Mr. Guho would be coming forward. I let them know that this process was taking place. Zaremba: Thank you. Rountree: Mr. President, what was the intent breaking out the base bid versus the add alternate and was the intent to award both or -- you haven't answered that, Keith. Watts: From my discussion with the project manager it was a decision based on funding. If the funding was available or they thought they could get a good price they would add the add alternate. That's why we broke it out -- they were definitely going to award the base bid and, then, if funds were available they would do that add alternate and I don't believe that Public Works has made that distinction, that determination yet. Rountree: Mr. President, then, I would have a question for Mr. Nary. If -- if we are not clear on what we are going to award, how can we reject this? Nary: Mr. President or Members of the Council, Councilman Rountree, 1 thought -- I thought they were clear on what they were going to award. They are going to award the base bid to the low bidder. Depending -- I think what the intent of Public Works was -- if the low bid was low enough that they had enough funds budgeted to do the add alternate now, they would do the add alternate now. If the -- if the base bid wasn't low enough, then, they would do the add alternate at some other point in time. Meridian City Council April 17, 2012 Page 46 of 56 Watts: That is my understanding as well and that is fairly common practice Hoaglun: Keith, what was the percentage of -- under the base bid? Seventy-three percent? Watts: That is what it appears to be, yes, sir. That they will be self-performing, so they would be well within that range. The -- one of the things that the list of subcontractors does not break down the add alternate from the base bid. Zaremba: Mr. President? Hoaglun: Councilman Zaremba Zaremba: I'm not sure I'm getting the math. I'm looking at the revised bid form, either page 17 of 25 or page four of five. And there is two. Under the base there is a lump sum total, 107,200 and, then, under the add alternate one there is a lump sum total, 117,700. Is the add alternate total cost 117,700 or is the add alternate like 10,500 dollars in addition to the base price? Watts: The add alternate in Mr. Guho's bid was 117,700. If you look at Exhibit 1 that he submitted with his bid and you remove the conveyor it looks like that they were only contracting out 33 percent. So, if Council looks at the -- Exhibit 1 and beings that that conveyor is actually that add alternate, then, you would have to come to the conclusion that he was only subcontracting 33 percent of the base bid, not 94. And I guess the question that I was posing before Council was whether you wanted to give Mr. Guho leeway and say that the -- even though he incorrectly added the conveyor as a subcontractor, it's actually an equipment supply, if you want to -- that's the question before Council is whether or not you want to remove that from the list of subcontractors that he provided with his bid documents. Hoaglun: I wouldn't mind, Mr. Guho, if you wouldn't mind responding to a question that have. Come back up. Can you -- now that we have zeroed in on the specific problem, what went wrong? I mean you do good work around the community, you have done this before, what happened? Guho: The -- what happened in today's environment is that the different municipalities and stuff are getting very technical as far as listing all the people that you are using on a particular project. I went to the -- the mandatory pre-bid opening and one of their worries of the project was that they were going to -- wanted to match the screw conveyor that was existing with the new screw conveyor that we were supplying, so that both pieces of equipment were equal. So, what I did is I listed the screw conveyor company that was the one that they were looking for, so that they knew they were getting the right product and that they weren't getting a brand X, which is allowed by -- allowable by substitution and everything else. So, I was trying to clarify my bid and it's hard to -- when you -- when you do all these percentages and everything, are you taking Meridian City Council April 17, 2012 Page 47 of 56 it of the base bid or are you taking it of the alternate or are you taking it of a combination. There is all different kinds of combinations on what that percent could be, so -- in how you can interpret it. So, to me what the most important thing is is that, you know, that I am here stating that and we self perform all of our own concrete work, so I -- and it states on the bid document -- I didn't list any subcontractors that are concrete guys and that's the majority of the work. And even if you -- you threw -- even if you included the alternated the alternate and just took the concrete work by itself and took out everything else, I'm still performing more than 'i0 percent of the work, so -- Hoaglun: Okay. So, it was just a matter of trying to show Public Works in the bid documents that you match the equipment that they were -- Guho: They were very specific on the job walk that we were -- that we do that and that's what I was trying to do. Hoaglun: Okay. Thank you. Guho: You're welcome. Hoaglun: Well, Council, what's your pleasure on this? And I did want to ask, Mr. Nary, that whatever decision the Council comes to, if someone's unhappy -- in protests somebody's always unhappy, because you're choosing winners and losers -- from a legal perspective are we -- will we be on solid ground either way? Nary: Mr. President, Members of the Council, that depends. That's the reality of the question. But, no, I -- if the Council is comfortable with the finding of the explanation and what Mr. Guho was trying to accomplish giving the information regarding equipment, the volume of work that his company will be doing, that there was -- there wasn't a method to divide in that -- in that bid document for subcontractors between base bid and bid alternate, if you're satisfied with all of that and with the intent, that's fine. Then, that's the finding you would make and you would allow that to be a responsive bidder. Hoaglun: Mr. Watts, have you dealt the -- with the Guho Corporation before? Watts: I believe they have done work for us out at the treafiment plant I believe in fihe past. Hoaglun: Okay. Have there been any problems in previous bids? Watts: No, sir. Zaremba: I -- Mr. President? Hoaglun: Councilman Zaremba Meridian City Council April 17, 2012 Page 48 of 56 Zaremba: Just to throw a thought and -- I am concerned that we do need to be legally covered. I do think that it certainly would be fair to declare Mr. Guho a responsive bidder, having had the further explanation. In the fairness, what opportunity -- normally to me the requirement would be if -- if we are going to re-interpret something that was in the bid, there needs to be some equal opportunity to all bidders to reinterpret something in their bid I would think and that doesn't appear to be necessary in this case. So, I'm not really helping myself on the legal part of it, but I still think it would be fair to reconsider and consider Mr. Guho to be responsive. Hoaglun: We are not changing -- he's not changing any of the numbers. The bid amount remains the same, which most bidders, if they don't win, they want to change their number if they would have known, but, Mr. Watts, comment? Watts: Just -- just some information for you. In my discussions with the second low bidder I do not anticipate any recourse if you do award this to Mr. Guho. Hoaglun: Thank you for that information. Rountree: Is that a motion? Zaremba: Yes. I appreciate that. In that case, Mr. President, I would make a motion that we accept the explanation -- the further explanation of the numbers that were already given and, therefore, consider Guho Corporation's submittal as responsive. Rountree: Second. Hoaglun: We have a motion and a second to -- Mr. Nair, is this an acceptance of the protest or what is the actual -- Nary: It is an acceptance of the protest, yes. Hoaglun: Okay. A motion to accept the protest of Guho Corporation as the low for this project. So, Madam Clerk, would you, please, ca-I -- we don't do many protest bids, so I`m assuming this is a roll call vote, so go ahead with that. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Watts: Thank you, Council Members. I will plan on having an agreement back to you next week for approval. Hoaglun: All right. Thank you Meridian City Council April 17, 2012 Page 49 of 56 Watts: Thank you. Police/Clerk's Office/Legal Department Report: State Legislation to Preempt Massage Therapist License as of July 1, 2013 Hoaglun: Council, we now move to Item 8-F. Police/Clerk/Legal Department report on state legislation to preempt massage therapists and we have been at this for awhile, that would feel good, actually, about now, but, Lieutenant Overton, are you going to be chatting with us? Overton: Council President -- President Hoaglun, Members of Council, I figured at 9:00 o'clock massage therapy might work. We really wanted to make this report this evening to kind of update you on the status of the new approved Idaho state statute and how that's going to affect our city and how we do business and concerns we have currently that we need to get resolved within the next year. The new legislation that was passed goes into effect July 1 of 2012. But, in effect, it leaves open our law until July 1 of 2013 and it does not require that people get their license until July 1 of 2013. They are going to spend a lot of this first year building their board and developing their rules and regulations for how they are going to operate. Currently it's probably one of the most expensive background checks that we do, not so much on renewals, but on new applicants. And, for example, it's a little tricky and I'm not going to get into a lot of details, because we don't like to give away too many tips of the trade, but, for example, four weeks ago we had an applicant that came in for a massage license in our city. There is very little required, other than applying for a massage license. We were able to discover through the background that they had two charges of prostitution in the state of Nevada, as well as finding in the state of Nevada their online ad for prostitution and we were able to deny that license and you don't find that information out unless you're willing to do a pretty extensive background check and looking for it, from where they came from and where their previously locations were. And one of our biggest concerns right now is the language used in the state code is kind of -- well, it says they could do a background check. They are not talking yet about what kind of background check they are going to do or how expensive it will be. They are requiring certain things, a high school diploma, a G.E.D., they must be 18, they have a certain certification in massage, but the background check is probably one of the most important aspects. In working with Emily in legal, one of the things that we are going to make sure we do and get on their agenda as soon as they get their board set, so that we can approach them from our city's perspective to find out what exactly those steps are going to be, because when July 1 of 2013 hits and our code gets sent into the sunset, we need to make sure that we feel comfortable with what the state's process is going to be. Another aspect of this is to just update you -- we want to ask for your continued support that we continue with our current process for how we approve massage licenses in the city until that point of July 1 of 2013 when we get into the point of starting 2013 we fully understand and appreciate that we are going to have some folks that would be faced with having to recertify a license in the city and turn right around and get one with the state and we don't -- we don't wish to try to penalize with that process. So, before that time period we Meridian City Council April 17, 2012 Page 50 of 56 will have some sort of a process with the state worked out where we are comfortable with allowing them to continue to operate if it's a renewal while they apply with the state license board. Most of our problems right now have to do with new licenses versus renewals anyway. Most of the renewals we have enough background information on them, because they have been working in our community and they are not generally a problem. It's the new license applications that tend to come from out of state that are new people we are aware of. Some of you probably have a good idea -- currently we probably have -- and I don't have the exact numbers. We didn't grab them before the meeting, but somewhere between 30 and 40 active applicants in the city right now -- and (probably have done 70 to 80 just in the last four years. When the economy started to go down, we saw certain career paths going up. Massage therapy went through the roof and we started to get applications tripling coming into the city and we did a lot of background checks and approved a lot of people. Now, most of them didn't survive, but there is a whole lot of places to get legitimate massage therapy in this community that didn't exit just five years ago. So, we want to assure you that we have got a really good hand on this. We have denied probably less than ten for various provisions of our current code. We have one of the strictest codes in the state right now. In fact, we want to come forward either next week or in a few weeks with some revisions to the current code that are actually going to drop by a couple of years so many the requirements on some of the offenses we look at, trying to bring them more in line with some of the other licenses that we have already modified and that will still keep us as the most -- the strictest in the state on those provisions. We don't get too much of a kick back from that. I think as a city we do a darn good job of screening who gets to do what job in our city. We just went out this last week, for another example, we had a new one we knew coming into the city. We saw the applications. They are all from out of state. When they came in we noticed they immediately opened a store front. The store front was advertising. Most of these do it through online advertising. I find them, because I go through those every day. I found the online advertisement. We found the store front. I had two of our officers in that place Friday afternoon and we caught them operating without their licenses, because we had yet to find -- we have yet to do the complete background checks on them. So, the message is out there that if they operate within our community we are not only going to do a thorough job, but we are going to follow up on them and we are going to check on them to make sure they are legitimate. So, really, the bulk of this report tonight is just fio kind of enlighten you to what we have been doing, what we continue to do, how we are going to work with integrating this within the state and try to assure that as the state process goes forward we get right on their agenda first thing to have some assurances to give you and for us that they are going to give some sort of an in-depth background to these applicants and notify us of who these applicants are within our community when they are approved. And I would allow -- if legal has any further comments and I'd stand for any questions if you have them. Hoaglun: Bill. Nary: Mr. President, Members of the Council, I just want to !guess add onto what John said is that what he finds more often than not is that the ones that we do reject -- which Meridian City Council April 17, 2012 Page 51 of 56 isn't very many, but those that we do have licenses in other cities in our area. So, they don't do a thorough background, some of the other cities, we don't think that's the best for our community. There are legitimate people who are educated and trained to do this type of work and I believe that's the intent of the legislature is to make sure that if people are doing this type of massage therapy in the state, are licensed and trained to do so. It's in their best interest to make sure that people who aren't, who are using this as an in road to something else, are not licensed and competing with them or giving the community the impression that that's the type of business it is. I don't think that's the intent. I think the board would be at least willing to listen to that. The problem you're going to have at the state level, of course, always is going to be manpower, time, effort, those types of things. There is preemption language that takes effect in 2013, but once 2013 rolls around if -- if somebody claims they are a massage therapist they have to get -- they have to get licensed by the state and we can't -- we can't a get license of any to related that. I think there will always be potential of people who can't pass the state requirements of either testing or experience that will still want to do something like this as an in road to something else, so we may still need an ordinance and it may just be called something else. But we will get to that road when we need to. We just wanted to make you aware that this ordinance was changed -- or this state statute was implemented. It goes into effect July of 2012. But there is a whole bunch of rule making and board configuration that needs to happen and so we have a year to see if we can have some impact at the state level and, then, see how that impacts us. Hoaglun: Thank you. Council, any questions, comments? Bird: I have none. Rountree: Just keep on doing what you're doing, John. Zaremba: Yeah. Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Yeah. I -- and many of the things that we have in our ordinances that you enforce and take care of are what make this city the family friendly city that it keeps being rated very highly and these are the important things that make us a family community and I think I'm understanding clearly that the state law is not a minimum that allows us to add to it, it's a replacement and we don't get to add to it. So, I appreciate your being on this and letting us know what's happening and, yes, please, be in front and whatever commission they put together or committee that they are putting together, please, do take Meridian's word to them. Appreciate that. Overton: Councilman Zaremba, that's our plan. We hope to be one of the first items -- agenda items they hear. Thank you. Zaremba: Thank you Meridian City Council April 17, 2012 Page 52 of 56 H. Solid Waste Advisory Commission Report and Request for Funding Authority for Two Projects for the Community Recycling Fund Hoaglun: Yes, we do have good experience, John, and I think you can help them get them off on the right foot and right direction, so good luck on that. Okay. That was Item 8-F. Item 8-G was moved to the Consent Agenda, so now 8-H, Solid Waste Advisory Commission report and request for funding authority. Molly. Mangerich: Good evening, Council President, Council Members. I'm here on behalf of our Solid Waste Advisory Commission for the purpose of seeking -- of providing you a recommendation for funding for the community recycling fund and, then, seeking a motion in approval or disapproval of such recommendation. That's okay. I can speak to it. I appreciate that. I wanted to give you some details about -- we came to you in early January for the approval of 38,000 dollars to be made available for our community -- thank you, Kyle. In which we had a cycle that was opened from launch to deadline from February 1st to March 31st. Would like to let you know that within the time period I was point of contact for our SWAC and we received nine contacts during this application period, of which three sent in applications and tonight we are recommending two for immediate funding and the third applicant I have worked with personally, along with our Parks Department, and we keep that window open for them to resubmit and provide a more clear, more refined application. So, that third applicant is the Meridian dog park task force. In front of you you will see the two organizations that SWAC is recommending for funding. The Western Ada Recreation District is requesting 5,000 dollars cash within the criteria of this community recycling fund requires no match, but the money will be used to procure two amenities at both here in downtown, both benches, tables, and trash can receptacles. What's amazing about what they have selected to purchase is that these items are manufactured from post-consumer plastic, mixed resins, and they are fabulous and are used throughout. Seventy to a hundred percent recycled content materials in this, blended with the wood fiber. The second recommendation for finding that in front of you tonight is an application by our Old Town clean up. This is the seventh year they are coming into with this effort within our community and this is the first time that they have been able to have funding available to them to provide for the fees necessary for a household hazardous waste collection truck to be made available during the clean up, so that we have a safe diversion and recycling and recovery from paint, solvent, cleaners, et cetera -- pesticides -- instead of going into our landfill, as well as the many volunteers that support this effort annually, that the volunteers will receive a T-shirt made from a hundred percent PET, that's a number one, resin, plastic, your water bottles and your soda bottles and they have got about 135 T-shirts made and that's the number of youth. The Ten Mile Christian Church provides a lot of youth and -- to do the clean up. And as well that they have provided informational and educational materials in paper format that's using a hundred percent post-consumer recycled paper. So, both of these applicants have really come forward with -- have met all the criteria and obligations of the community recycling fund and SWAC asks that you consider them for approval. Looking forward, SWAC recognizes that we have had a very poor response to the application period, so we are devoting our Meridian City Council April 17, 2012 Page 53 of 56 May SWAC recycling meeting to get some feedback to evaluate how well -- where we can improve upon the next cycle, which we hope to slate within this fiscal year. We have available, as a proof by your recommendation or your approval back in January -- we still have 30,000 dollars available to our community and we certainly want to get the word out and see if we can't get some more information out to our people who want to -- need some funding. So, if you have any questions and need help in making the motion, there is your reason. Bird: Mr. Chairman? Hoaglun: Councilman Bird. Bird: Molly, what -- on Ward, what are you -- you're recommending 5,000 or 4,400; is that right? Mangerich: Five thousand dollars cash. Bird: Or 4,400 if they -- if they got a -- Mangerich: If they chose to not go with the match, the program criteria, but if they ask for greater than 5,000 dollars -- Bird: They got to match. Mangerich: -- it pushes them to a 50-50 match. And so we provided them two options and approved two options and this is the option that they choose. Bird: They went to five and -- Mangerich: Yes. With no match. Bird: Okay. Mangerich: So, they would reduce probably the number of benches by two hookups. And this is also a wonderful time for us to consider -- to provide comments to me that I can relay back to SWAC. Hoaglun: Molly, when is the next period for applicants? Mangerich: To be determined. Hoaglun: Okay. It depends on the money; is that right? Mangerich: The money is there, we just need consent for the advisory commission. Bird: And you got 30,000. Meridian City Council April 17, 2012 Page 54 of 56 Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Conversation we had earlier about 8th Street Park on playground equipment there is -- is our Parks and Recreation Department eligible to apply? Mangerich: As a member of our commission I would heartily suggest that they do and that would be an appropriate -- an appropriate submission to this community recycling fund, because it would be a broad use by our community and it is a special park that is in need of some building up and freshening up. Zaremba: Okay. Hoaglun: Councilman Bird. Bird: Just -- David, SWAC has put a lot of money into our playground equipment for us. They have matched funds. Hoaglun: Councilman Rountree. Rountree: Mr. President, I have to declare a potential conflict. Since I'm a director of the Western Ada Recreational District I will abstain from voting. Hoaglun: Okay. Thank you. Bird: Mr. Chairman -- or Mr. President? Hoaglun: Councilman Bird. Bird: I move that we approve the Solid Waste Advisory Commission's recommendation of giving the Old Town clean up $2,346.80 -- I don't know why it isn't 2,350, but -- and to Western Ada Recreation District for their pool amenities, a total of 5,000 dollars. Zaremba: Second. Hoaglun: We have a motion and a second to approve the funding authority for two projects for the recycling fund. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, abstain; Zaremba, yea; Hoaglun, yea. Hoaglun: Carries. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Meridian City Council April 17, 2012 Page 55 of 56 Hoaglun: Molly, go forth and keep doing good. Mangerich: Thank you. Overton: Council President Hoaglun? Hoaglun: Yes. Lieutenant. Overton: May I approach Councilman Bird? You saw that odd number for the Old Town clean up. Those folks work for me and we count every penny, so that's why you saw that. Bird: And, you know what, I'm so happy, because it saved me a whole bunch of money for T-shirts that I had purchased in the past for participants. Item 9: Ordinances (Removed.) Hoaglun: That's right. That's right. We are at Item 9, Ordinances, and 9-A we will have the Clerk read the -- Rountree: They have all been removed. Hoaglun: Oh, that's right. They have been removed. I forgot to make a note. We removed those, so -- Item 10: Future Meeting Topics Hoaglun: We are at Item 10, Future Meeting Topics. Council, any discussion on future meeting topics? Bird: I have none. Rountree: I have none. Hoaglun: We have none. Motion? Rountree: Move to adjourn. Bird: Second. Hoaglun: Move to adjourn. All those in favor say aye. Opposed? MOTION CARRIED: ALL AYES. Hoaglun: We are adjourned. Meridian City Council April 17, 2012 Page 56 of 56 MEETING ADJOURNED AT 9:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ or, amp dt ~-•-9~ ATT ST: J CE .OLMAN, CITY CLERK DATE APPROVED 0¢A~~D A UG~ST G°~ ,j~' ~a City of IgAH0 ~~ ~~ ti~ ~~r~~ ~~~ rf f! ~ 'Ck~ hS~~