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HomeMy WebLinkAbout2010 04-06,~ Meridian City Council Meeting April 6, 2010 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, April 6, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Jim Lavey, Ron Anderson, Mark Niemeyer, Joe Silva, Steve Siddoway, Kyle Radek, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd r-~ De Weerd: Okay. It is after 7:00 o'clock. I will go ahead and get this meeting rolling. For the record, it is Tuesday, April 6th -- thank you. It's five minutes after 7:00. I would like to welcome all of you here this evening and appreciate that you joined us. We will start tonight's meeting with roll call attendants. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance are recited.) Item 3: Community Invocation by Darrell Taylor wih Ten Mile Christian Church. De Weerd: Item No. 3 is our community invocation. We will be led tonight by Darrell Taylor within the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Taylor: Heavenly Father, we thank you for another beautiful day. In fact, every day is a beautiful day when we have the freedom to live in this community. Be with those, Lord, that have dedicated their lives to make this a beautiful community. Be with those that have and who are serving in our Armed Forces and thank you, Lord, for those that have given their lives for the freedom we enjoyed. Heavenly Father, I ask your blessing on this meeting. May your wisdom and calm spirit be the watchword for this meeting. And, ,,-o Father, may we just have a wonderful meeting and, Father, a safe trip home and just a Meridian City Council April 6, 2010 Page 2 of 35 ~ wonderful evening. We ask your blessing upon this time and it's in Jesus' name we pray, amen. Item 4: Adoption of the Agenda. De Weerd: Thank you for being here. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple of items to -- to insert into tonight's agenda. Under 5-L, under the Consent Agenda, Item 5-L, that resolution number is 10-717. Item 5-M, right underneath it, is a Resolution No. 10-718. And, then, going to Item 6 under the Department Reports, A-2, that resolution number is 10-719. Moving down to Item 8, which is Action Items, 8-B, the resolution number is 10-720. And under Item 9, Ordinances, and 9-A, that ordinance number is 10-1445. And with that, Madam Mayor, move we adopt tonight's agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in ,~--~ favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. March 23, 2010 City Council Meeting Minutes B. Final Closeout of Meridian Senior Center Rehabilitation Project for aNot-to-Exceed Amount of $460.00 C. Community Development Block Grant (CDBG) Subrecipient Agreement with the Boys & Girls Club for $17,000.00 D. Water and Sewer Main Easement for Kings Congregation Church E. Development Agreement: AZ 09-005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District Meridian City Council April 6, 2010 Page 3 of 35 F. Acceptance Agreement: Display of Artwork of Chris Wethered in Initial Point Gallery G. U.S. Geological Survey Joint Funding Agreement for Water Quality Sampling for aNot-to-Exceed Amount of $33,952.00 H. Change Order #3 to the Original Contract Dated November 30, 2004 with Civil Survey Consultants, Inc. for Additional Professional Services Associated with the Construction of Well #27 Pump House for aNot-to-Exceed Amount of $6,000.00; Original Contract Price $26,500.00 I. First Addendum to the Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP, for the Construction of a 12-Inch Water Main from the Intersection of Ten Mile and McMillan Roads West Approximately 1,000 feet J. Beer/VVine/Liquor License Owner Transfer from Restaurant Concepts II, LLC to Am Rest, LLC DBA Applebee's Neighborhood Grill and Bar; Located at 1460 N. Eagle Rd K. Approval of 2010-2011 Beer/VNine/Liquor License Renewals: JBs Restaurant 1565 S. Meridian Rd. Beer/Wine Ram Restaurant 3272 E. Pine Ave. Beer/VUine/Liquor Cheerleaders Bar & Grill 3541 N. Eagle Rd. Beer/VVine/Liquor The Cigarette Store 200 E. Fairview Ave. Beer Maverik #410 1630 E. McMillan Rd. Beer/VVine Maverik #343 1545 E. Overland Rd. Beer/VVine Maverik #233 1605 Cherry Ln. Beer/VUine Baja Fresh Mexican Grill 1440 N. Eagle Rd. Beer Buffalo Wild Wings 3223 E. Louise Dr. Beer/V11ine/Liquor Ustick Chevron LLC 770 W. Ustick Ave. Beer/Wine Don Diego's Restaurant 2951 E. Overland Beer/Wine Meridian City Council April 6, 2010 Page 4 of 35 ~ WinCo Foods LLC 1050 S. Progress Ave. Famous Daves 3510 N. Eagle Rd. Applebee's 1460 N. Eagle. Rd. Texas Roadhouse 3801 E. Fairview Ave. Albertsons #180 3301 W. Cherry Ln. Albertsons #164 20 E. Fairview Ave. Beer/VVine Beer/Wine/Liquor Beer/VHine/Liquor Beer/VVine/Liquor Beer/VVine Beer/V11ine Its All About You Catering 2951 E. Overland Rd. Beer/VVine Walmart #2862 4051 E. Fairview Ave. Beer/Wine Epi's 1115 N. Main St. Beer/VVine Winger's 1701 E. Fairview Ave. Beer/V11ine Fiesta Guadalajara 704 E. Fairview Ave. Beer/VVine/Liquor Divine Wine 2310 E. Overland Rd. #105 Beer/VVine Vina Restaurant 1534 N. Main St. Meridian Speedway 335 S. Main St. Louie's Pizza 2500 E. Fairview Beer Beer/VVine Beer/V11ine/Liquor Strikers 324 Meridian St. Beer/VVine/Liquor The Big Smoke #6 234 W. Franklin Beer/Wine White Water Saloon 1646 N. Meridian Road Beer/VNine/Liquor Fred Meyer Store #198 1850 E. Fairview Beer/Liquor L. Resolution No. :Adopting Reallocation Amendment to Program Year 2008 CDBG (Community Development Block Grant) Action Plan M. Resolution No. : A Resolution Vacating a Portion of the Water Easement within Lots 45 and 46, Block 7, Settler's Crossing (aka Sundance Subdivision No. 5), Located in the Southwest'/4 of Section 31, Township 4 Meridian City Council April 6, 2010 Page 5 of 35 ~. North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho N. Department of Environmental Quality (DEQ) Joint Powers Agreement Discussion: De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun: Hoaglun: Under Consent Agenda, as I noted earlier, Item 5-L is Resolution No. 10- 717. And 5-M is Resolution No. 10-718. And with those insertions I move that we approve the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports. A. Mayor's Office 1. Appointment of Fire Chief Mark Niemeyer De Weerd: Item No. 6 under Department Reports. Council, tonight, I have the honor to appoint our next fire chief. Certainly it's -- it's with mixed emotions, maybe, with the retirement of a colleague and certainly a -- one of our senior management team leaders. I -- with Ron leaving. But I said we are not swearing him in today, because I could not tolerate two fire chiefs at the same time. That would just be too much to ask, but I have in front of you the appointment of our next fire chief Mark Niemeyer. We went through a process that started -- we posted the job opening the end of January, had a number of applicants that we narrowed a list to nine, conducted phone interviews and, then, narrowed that to three, which we brought in and participated in panel interviews. During that process we kept the applications open, got a number more, we did conduct phone interviews -- four additional phone interviews and I think as I have shared with each of ~--. you, we found out that our greatest asset resided here at home. A lot of times what you find doing a national search is what others are doing and some of the qualities and Meridian City Council April 6, 2010 Page 6 of 35 ~ experience and background that other communities have in their chief positions and I saw across the nation that many of those fire chiefs came with aparamedic-EMS background, because if you really stop and think of it, the majority of our calls are medically related and certainly it's the same in our community. It was with a lot of discussion and had some great participation from the community from internal in this selection and tonight I am very honored to bring to you the name of Mark Niemeyer for our next fire chief. Would entertain any questions. ~^. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have any questions, I will be glad to make a recommendation and motion to accept Mark Niemeyer as our new fire chief for the fire department of Meridian, Idaho. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mark, do you want to make some comments? I didn't think I would get away with not asking you. Niemeyer: Yeah. There has got to be something. Madam Mayor, Members of the Council, I certainly want to first and foremost thank you for this opportunity. As I said in the interview, I truly believe this is a once in a lifetime opportunity. It's not very often that you get to step into a department like ours with the foundation that we have and I certainly attribute that to the leadership of our retiring fire chief. And I need to thank him for setting such a firm foundation. The men and women of our department I have had the opportunity and the luxury of working with the last three years are some of the most dedicated, hard working thinkers that I ever had the opportunity to work with and I certainly look forward to the many more years that we have working together and seeing what we can do together. It's a great city, it's proactive, it's a great fit. And certainly am honored to be a part of it. De Weerd: Thank you, Mark. Any ribbing to -- ,---~ Rountree: Just to take back my previous comment. Congratulations. Meridian City Council April 6, 2010 Page 7 of 35 r"'~ Niemeyer: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would also like to say congratulations and I look forward to your continued contribution to Meridian and also comment that you are well known and well respected around the state and that reflects well on Meridian as well. We appreciate your -- the work that you have already been doing around the state to raise the awareness of Meridian and thrilled that you will be in a position to keep that up. Niemeyer: Thank you, Councilman. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I just want to congratulate Mark, you came through and rose above everyone else and that's a tribute to you and to our department as well and as alluded to the fact, you have got big shoes to fill, you know, but -- ~ Niemeyer: I do. Hoaglun: -- we know that you're up to the task of meeting the new challenges that are ahead and we look forward to working with you down the road. Niemeyer: Thank you. De Weerd: Well, thank you for being here tonight. We look forward to serving with you in this new capacity. As we have discussed, you certainly have big shoes to fill and look forward to the implementation of your vision and your energy and the passion you have for the department. Niemeyer: Thank you. De Weerd: Thanks for joining us. Rountree: Madam Mayor, a question and I'm sure Mark knows the answer, but I don't. When is the swearing in? De Weerd: It will be the first Council meeting in May. Rountree: In May? Okay. Very good. De Weerd: Okay. Meridian City Council April 6, 2010 Page 8 of 35 Niemeyer: Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: Can I say something? We have grown accustomed to having a cranky and opinionated fire chief at the directors meetings and I'm hoping that Mark will continue that tradition that we love so much. Thank you. De Weerd: Now, Mark did mention something about working with planning. You know, he got that somewhere from the chief, so he's been forewarned. Chief, do you have anything you would like to add? Anderson: Madam Mayor, Council, thank you. Yeah. It is tough, you know, when you finally get ready to retire and if you spend as many years doing something as I have and if you love it and feel as passionate about it as I do, it's hard to -- it's hard to give that up and you worry a lot about what's going to happen when you leave, but going through the process and having worked with Mark for three years now and seeing how he's been able to bring folks together and get collaboration on EMS issues and things like that in the state, I feel very comfortable retiring knowing that I'm going to be leaving the fire r-~ department in very capable hands. So, thank you and I think you made a wise choice. De Weerd: Well, thank you for being involved in the process. I think it must be a bitter sweat experience, you know, saying goodbye and bringing in your replacement. So, we appreciate your involvement and certainly the comments and contributions you had during that. Anderson: Well, thank you again and it's not often you get to be involved in the process to pick your successor and so that was a great honor for me, too. So, thank you. 2. Resolution No. :Appointing Treg A. Bernt to the Meridian Parks and Recreation Commission De Weerd: Thank you, Ron. Well, Council, if there is nothing further on that, I will move on to Item 6-A-2, which is resolution 10-719, appointing Treg Bernt to the Meridian Parks and Recreation Commission. Treg is here with us this evening. He even wore a suit and tie. I wanted to make sure to point that out. We were afraid what the tie was going to be, but appreciate you being here, Treg. Council, if you have any questions would be certainly happy to entertain them. I will tell you that during our last opening we did put this out for notice and felt that we didn't have to go out again -- boy, that came out really good, uh. Felt that we did not have to readvertise it, because we had excellent candidates in the first round. Treg was -- was at tied position for first and you .---~. can only have one name and so when the opening came I talked to our parks director Meridian City Council April 6, 2010 Page 9 of 35 Steve Siddoway and there was no question as to the direction we wanted to move. Any questions? Rountree: I have none. Bird: I have none, Mayor. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No question, but I would make a motion to approve Resolution No. 10-719, appointing Treg Bernt to the Meridian Parks and Recreation Commission. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES: De Weerd: Treg, would you like to make any comment? Your 15 seconds of fame. Starting now. Bernt: Madam Mayor, Members of the Council, I'm just really grateful for this opportunity to come serve. I have always had a strong desire to serve and I'm thankful for this opportunity. I hope I don't let you guys down. Rountree: Welcome. Bird: Welcome. Zaremba: Thank you and welcome. De Weerd: That comment was on the public record. I will bring it back if I need to. Bernt: You don't need to bring it back. It was an inside joke between you and me. know exactly what you're talking about. I was going to go something wild, but I decided to tone it down a little bit. Thank you. De Weerd: Thank you. Meridian City Council April 6, 2010 Page 10 of 35 Bernt: Appreciate it. De Weerd: Thank you for being here. Treg, you might introduce your wife. Bernt: This is my wife Tiffany. B. Clerk's Office: Request to Waive the $50.00 Fee for a Temporary Use Permit Application by Meridian High Lacrosse Team (Jenni Foster, Parent Representative) De Weerd: Hi, Tiffany. Thank you for being here. Okay. Item 6-B is our Clerk's office. I will turn this over to Jaycee. Holman: Thank you, Madam Mayor, Members of the Council. What we have here is a request to waive the 50 dollar fee for a temporary use permit application. The application was submitted by Jenni Foster, she's a parent representative for the Meridian High lacrosse team. What the lacrosse team was hoping to do was to have a rummage sale on the property that is, I believe, Pioneer Federal Credit Union. When we went back to our code and it was somewhere back in my mind when we talked about all of this, what we have in our code right now is exemptions already for fees for three items. If someone has a 501(c)(3) they can be exempt from the fee. If the applicant represents a government entity and the one that's closest to this issue is s~ applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting car wash to raise funds for a school or youth organization. We had put that in to hopefully avoid the schools having to come forward all the time, but there seems to be a lot of community car washes for school fundraisers. This -- and a lot of them are at the Pioneer Credit Union. This one, technically, in our code right now -- we did remove the section on the last -- I guess iteration of when we were amending all the temporary uses and the clerk's fee schedule. There really isn't a provision in here right now for an applicant to request a waiver of this fee. But I talked to Mr. Nary and I wanted to give him an opportunity to provide comment on whether we wanted to possibly use this as an opportunity to think about some of the wording in that code, so other uses beyond just the car wash -- I guess do we want to open it up -- I'll let you, Bill, kind of -- go ahead. Nary: Yeah. Madam Mayor, Members of the Council. We found when this request came in that there was a disconnect in the code and the reason is the code that is on the website that Sterling Codifiers maintains for the city, still has the old language that allowed for waivers. If you recall last year we went through this discussion, as Mrs. Holman just stated. We decided to specifically grant wafers for only three very narrow areas and we felt that that wouldn't encapsulate most of the types of requests that we would be dealing with and, then, this request comes in and it doesn't really fit those categories, but it's pretty close. And we felt that since there was the fee that's -- or the -- excuse me -- the ordinance that's currently posted has the old language in it, yet the new language that was passed last year is really the one that applies, we felt it was -- would be unfair to the applicant to not give them at least the opportunity to make the Meridian City Council April 6, 2010 Page 11 of 35 ~. request. But as Ms. Holman stated, we made it real specific that they either had to have their own 501(c)(3), they had to be representing a governmental entity, or they could do a car wash and we felt that was adequate. Again, this is a rummage sale, so it's a little bit different. We were concerned in the discussion a year ago about these types of sales out in the community and how to sort of hold the line, so we don't have this perpetual rummage sale. Our garage sale ordinance only applies to residential properties, not commercial properties, so that could be problematic if we, again, allow these continued types of sales and, realistically, here the lacrosse team is concerned, as the letter that's in the packet, I believe, is -- the requester is here -- fifty dollars for many of these activities would pretty much absorb all the profits they would make. So, we felt it was something that was appropriate to bring back in front of you for direction on how you would like to handle this particular request and if there is a necessity to change the code, then, we can certainly bring that forward to you. De Weerd: Council, any questions for either Jaycee or our counsel? Rountree: I have none. I would make a motion that might get some discussion, however. Madam Mayor, I move that we approve the request for fee waiver for the lacrosse program at Meridian High School and to direct legal to assure that not only the ordinance that they discussed this evening, but all ordinances that have been amended are being published in Sterling Codifiers and, three, to change the wording on the one item that the clerk read as it related to the school activities, the reference to car washes, use wording along the lines of fundraising activity. Bird: Second. Rountree: And bring those two last items in the motion back to the Council for consideration. Bird: I second that. De Weerd: You want to second it in the microphone? Bird: I second. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And just a discussion and perhaps a thought of guidance. To distinguish I would call them one time event fundraisers or something like that, as opposed to a continuing event. Rountree: Reference is temporary, I believe, in the language now. Meridian City Council April 6, 2010 Page 12 of 35 Zaremba: Okay. De Weerd: I was going to offer to Jenni -- you can just wash a car there and this wouldn't be an issue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- these young people want to go out and work and get a fundraiser instead of going out and begging or doing nothing, expecting entitlement to and I -- I don't want to stand in their way anytime they want to raise money and not afraid to work to do it. That's --forme that's what it's all about. De Weerd: Mr. Rountree? Rountree: I'd just call the question. De Weerd: Okay. If there is no further discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. SWAC Update: Sanitary Services Company (SSC) Public Outreach Campaign De Weerd: Thank you for joining us and now we hope they won in your absence. Item 6-C is our SWAC update. I will ask Mr. Nary to join us at the podium. Nary: I think I'm just the mouthpiece today, Madam Mayor, Members of the Council. Robert and Shelly from the Mayor's office prepared most of this. De Weerd: Thank you. Nary: Madam Mayor, Members of the Council, from the Solid Waste Advisory Committee we felt in discussion after the Council's direction to move to the automated collection system in July that we would think we would need to provide some campaign materials and information back to you as to how to get this word out to the public. We know there is a lot of disconnect many times with the public on these types of issues and until we actually start seeing trash cans changing and moving around, people don't ~-. always understand what they need to do or why they need to do it. So, these were a couple of things that we thought as a starting point and, actually, the Mayor's office and Meridian City Council April 6, 2010 Page 13 of 35 ~"~ Robert and Shelly and others have gathered more information from other cities. One idea that we have --and Mr. Sedlacek did in an a-mail agree, so I'm going to hold him to it, to help pay for a flier that we could mail to folks. We know that if -- as you look at this public information campaign, some of the things that we can do are very inexpensive and very easy to -- tag lines in bills, inserts into the bills, but we also know there are many folks that we can do that every week and they may not read it. So, we know there is still a lot of disconnect to that. So, we know there is other things we need to do and one idea was to create a mailer that we could send out that would be separate from the bill. So, that way there is more -- more, I guess, opportunity for people to view it and to be able to see what they need to do. This is a very simple brochure that we can put out into MUBs, we can put into bills, to help get people ready for this transition and how it's going to work. Ms. Houston from the Mayor's office helped put this together and I think this really answers most of the questions people are going to have. They intend to have a training opportunity with both the utility billing staff, the clerk's office staff, and probably the Mayor's office staff, the folks that -- the areas where the phone calls are likely to come, so we make sure that people are going to get consistent information from the city as to what's happening, how the contacts need to be made, how they select the trash receptacle size, how they are going to answer the questions. We still have been getting questions occasionally through the website and I have been answering those, SSC has been answering those, so we want to make sure that we don't have a-mails that come in that nobody responds to. So, every one of them to this point has been responded either directly by SSC, Samantha Zimet, or myself. So, we wanted to just ,~ put this in front of you. We recognize there was some cost to some of this and some of it -- the mailer, especially, was one that probably -- we looked at the cost of both the printing and the mailing of that and it's about 6,500 dollars was the original estimate. And SSC did agree that they would pay for that. I think there may be a discussion when we get to the fall when our normal -- in the ordinance when our normal time to review the bills and the billing structure and the billing rates, is -- is come before you. As we mentioned I think previously we may have a discussion about whether a continuing education outreach campaign -- we do varieties of different types of things in the city that I think a lot of the members of the public don't know. I think many people know we do recycling. It's kind of hard to miss giant green trash cans with red lids on them, but I don't think many people know about the needle program. Many people don't know about the transfer station and what can be taken there and what can't and what it costs and some of the things that are able to actually be taken to the transfer station and taken for no charge at all. So, there is a lot of hazardous materials, it's a very popular program we have, but I don't that -- again, a majority of the citizens know it even exists. And so I think there is at least some argument to be made that public out reach and education is something that should be funded out of the rates. It can be done at a very small amount to the rates and I think we will have that discussion in the fall, but this initial one, SSC said they can -- they can afford to cover the difference here and the rest of it I think is stuff that we can absorb ourselves to be able to put into the bills and those kind of things. But if you had questions or if you want us to come back later with a little more detail, that's fine. I think this pretty much covers timing of the things that we are ~-.. trying to do. The second and third pages is the timeline. The first is merely a laundry list of the different elements we want to do and, again, SSC is a great partner to work Meridian City Council April 6, 2010 Page 14 of 35 ~ with, they have always been very supportive of these types of information, education campaigns, they are always very good to put a staff member on this to be able to make sure the public knows what -- what's going on and how to make it as easy as we can. Questions? De Weerd: Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You know, there is still a lot of room on this thing in terms of the header on the page, so as opposed to this little tag line that -- include a recycling cart free of charge upon request, I think there ought to be a paragraph in that first column or in that first area of the first column talking about the recycle program and that you can -- if you don't, you can request a cart at no charge -- of any of these three sizes and I also think that there ought to be a little more information about -- instead of the last paragraph in that first column it just talks about, well, if you got too much stuff you can request an extra cart and, then, you have to dig back in here and in answer to a question that there are other services available for large bulky items or if you have got a number of items and you have got your own cans and bags and you want the special service, you can actually contact SSC and for a fee they will pick them up. So, I think a little more ~ information on that would be helpful. Nary: Okay. Rountree: Other than that I think it -- you know, you can't get all 30 some comments that were addressed, but I think it does everything else pretty well. Nary: I think we could show up at everybody's door step and spend five minutes and they still wouldn't all get it. Rountree: Oh, yeah. Yeah. You're right. Nary: But I agree with what you're saying, Council Member Rountree, and we can make those changes to the pamphlet and, you know, all we can do is provide the information in as many different forms as we can to give as much opportunity for people to know what they need to do, know how they need to do it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think this is very helpful and it's the .right idea, the right thing to do. If SSC .-1, is paying for it, should we have a little fine print at the bottom of one of the columns that says not printed at taxpayer expense? Meridian City Council April 6, 2010 Page 15 of 35 Nary: Well, Council Member Zaremba, the one that SSC actually would be paying for is the mailer that we are going to send out. Zaremba: Okay. Nary: So, we could certainly add that to the mailer. These ones we could simply do -- these are -- you know, obviously, pretty inexpensive. These are photocopied. And we intended to put these in the bills and so we send it through our own billing service, but we are going to do the other ones through a service, so we will make sure we -- Zaremba: These aren't going to be full color glossy, they are going to be -- Nary: No. I think this is it. This is what it's going to look like. Zaremba: Photocopy, tri-fold, that's -- Nary: Right. The one that's a mailer for the home will probably look more along this line. This is a sample from the city of Cleveland. It will probably be color. It will be a little larger on a card, so that it has a little bit -- a little bit more reason not to throw it away, so that one will be what SSC was saying they would take care of. ,~ Zaremba: Great. Thanks. Rountree: Madam Mayor, as far as the program itself goes, I don't know more you can do. You guys have done a great job trying to identify all the possibilities. It's -- it's all we can do. Nary: Just keep going. Rountree: Just keep moving forward. Nary: Thank you. D. Building Department: City Wide Fire Alarm and Monitoring Recommendation De Weerd: Thank you. Okay. Item 6-D. Joe, are you doing this? Silva: Madam Mayor, I'll attempt to pinch hit. I believe Eric is in the building, I think they are working on that and they were going to make this particular presentation. They had approached us about consolidating -- the possibility of consolidating all the monitoring that goes on in all the city buildings for monitoring our respective systems in a number of buildings that we have as a city. We have -- for example, in the fire department six facilities. The police department has one. Water department has one. And, of course, we have City Hall. And what we were going to attempt to do -- Eric's intentions, I Meridian City Council April 6, 2010 Page 16 of 35 !~ believe, was to seek out some Council direction to determine whether or not we would want to put that under one umbrella under a state bid process where we -- we would secure the lowest price that had been negotiated as part of servicing all state buildings that have -- require monitoring services. So, I believe that's what -- what Eric's intentions were with this proposal to put in front of Council and just seek some direction whether or not you want us to pursue that on behalf of the city. De Weerd: Okay. Council, questions? Rountree`. Madam Mayor? De Weerd: Mr. Rountree. Rountree: And, Joe, I don't know if you can answer this, but the water department has the most facilities and they also have the telemetry system that monitors the wells I think. Can that system be modified to include this and adapted to the rest of the buildings? Rich, maybe -- maybe you -- De Weerd: You will need to come and talk into the microphone. Dees: Madam Mayor, Members of the Council, what you're talking about is SCADA. ,~-•,, Rountree: SCADA. Yeah. Dees: And it does have that capability to do that. However, it's not ideally suited tc monitor the fire alarm systems as Joe was talking about; it's a separate type of system. SCADA can do it, but you would have to ferry-rig it to make it happen. Rountree: Madam Mayor, just -- Anderson: Madam Mayor and Council, I'm not sure where this is headed, but about a year ago I was asked to work on a committee with Eric and Keith Watts to look at the fire alarm system and how this all came about was originally we were looking at our contracts with some of the fire alarm vendors and out of the six facilities that Joe mentioned that the fire department had, we had three different vendors that we were paying monthly fees to do our fire monitor alarm system and that's a requirement in the code that those have to be monitored, so if there is somebody not in the building and a sprinkler system goes off or a smoke detector, that it, then, notifies an alarm company, who calls the dispatch center. And so we requested a meeting and explained that we would like to see if we couldn't get a better rate for the city if we consolidated all of those contracts that we have with city buildings and put that out and have one vendor bid on those, but the process kind of went awry, in my opinion, and I'm not sure where it's at now, but what happened was we started looking at an entire new system that was changing over from a phone line system to a wireless system and so there was quite a bit of equipment that is involved in that to set up wireless equipment and what our intention originally was simply consolidate all the contacts with one vendor to save on Meridian City Council April 6, 2010 Page 17 of 35 ~ the monthly fee. Now, if Eric were here -- and maybe he could explain this a little better -- if you switch over to the wireless system you, then, eliminate the monthly phone line cost, so there is a pay back eventually, but it's over a number of years that you would recoup the money that you would have to spend to install the wireless equipment initially. So, I have not heard anything back from the committee, there hasn't been a meeting in several months that I'm aware of, so I'm not sure where we are at in that process, but that's what I know about this particular project and, hopefully, you can get a little bit more information from Eric on it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would suggest that we continue this request until we can get the -- all our stories straight. De Weerd: That's kind of what I'm thinking. Thank you. That's clear as mud now. Zaremba: I hope we make sure that none of the fire stations burn down. Bird: We tried to once. ,--~ Rountree: Been there, done that. De Weerd: Thank you for that comment. Okay. We will reset this to another agenda. E. HR/Public Works Departments: Discussion on Personnel Changes De Weerd: Okay. Item 6-E. I'll turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Rich Dees is here as well. What we wanted to do is update you on a couple of different personnel changes that have occurred and I had a discussion with finance last week and we were just concerned that we were making some changes and maybe the full Council wasn't aware of. The Mayor had agreed -- had approved these, my office had approved these, and I think the liaison was made aware of these changes, but we wanted to make sure the full Council knew what was going on, because of the uniqueness of these -- of these couple of different circumstances. I'll let Mr. Dees explain the specifics of the jobs, but, basically, we took existing positions that we had for operators and one person, I believe, was reassigned, if that was -- if memory serves me. The other one was an upgraded position to what we have called an instrument tech to help manage the plant. The second action we did so -- so, there really was no change in personnel, we didn't add any head count to the city, we simply redirected one position into a different job and ,--., there was a -- there as a monetary change for that that becomes part of the next budget as we roll out. There is adequate savings for this year to make that change and, then, Meridian City Council April 6, 2010 Page 18 of 35 r-. that becomes your budget the next year and what finance was concerned was just to be sure the Council was aware of this change. The second one is more of a temporary need. There are no -- there are no seasonal jobs in any other departments, except for parks, and Public Works found a need for a job that can be accomplished within this fiscal year. Originally we thought it could be done by the end of May, it may take a little longer, but it can't take longer than -- I believe it's August, because of PERSI requirements and so we did hire two temporary positions -- again, we had vacancies in Public Works that -- so, we are not adding any personnel to the city's payroll, outside of what's already been approved, but these are for functional jobs different than what they were original approved for, but, again, it's only on a temporary basis. So, I'll let Mr. Dees explain the specifics of the job, but all these transactions -- these folks are already working and going about their jobs, but I wanted to make sure you knew what they were about and why it was done that way. Dees: Madam Mayor, Members of the Council, just as Mr. Nary said, there are two jobs that we are talking about. The first one is an instrument technician job and we converted, essentially, an operator position, which was a midnight shift operator into an instrument technician. With the expansion of all of our equipment and all the infrastructure we have, we have a burning need for an instrument technician in our midst. Right now -- last year we spent over 130,000 dollars for contractors to maintain symptoms that our person can do for less than 60. So, we thought it would be economically better if we had our person on staff that could be called 24 hours a day, seven days a week, or whatever to come out and fix the -- fix the instruments. We are talking about SCADA systems, we are talking about programmable logic controllers and those things in the plant that keep the plant running, things that we need to have attended to right away if there is a problem. So, what we did is we asked to convert an operator position, which we abandoned, because of our midnight shift elimination sometime ago to an instrument technician position and that's where the switch for the full-time person came from. The other two temporary positions are, again, from a vacant position is where we are going to get the money from, is to do survey work on our manholes inside the city. We have 7,000 manholes and we have to get the elevations on and it requires the skill of a survey person to do it. We hired two temporary survey people to go out and measure the elevations of these manholes and to put them into -- put them into our database so the contractor we hire can complete the -- complete task they have to come up with a master plan for our sewer system. So, basically, we are asking for a couple of temporary folks and, then, for -- to switch the one FTE in the operation section to an instrument technician section -- person. De Weerd: Thank you. Dees: Any questions? De Weerd: Council, any questions? r-, Bird: I have none. Meridian City Council April 6, 2010 Page 19 of 35 ~'"~ Rountree: Thanks for the info. Yeah. Nary: Madam Mayor, Member of the Council, it will be our practice in the future to make sure we try to bring these to you before we hire them, so if there is a concern -- we felt these were fairly minor, but we wanted to make sure that you knew about them and in the future we will bring them to you before we finalize it, so -- Rountree: So, I guess a question on your survey worker. Renting the survey equipment or are you utilizing building department's -- Dees: We already own it. We already have -- Rountree: You have it? Dees: Yes, sir. We already have it on hand. Rountree: Okay. Very good. De Weerd: Thank you. Dees: Thank you. r~ F. Legal Department 1. Continued From March 23, 2010: Approval of New Beer/VVine/Liquor for Sunrise Bakery and Cafe; located at 805 N. Main St. 2. Continued From March 23, 2010: Approval of Beer/Wine/Liquor 2010-2011 Renewal for Sunrise Bakery & Cafe located at 805 N. Main St. De Weerd: Okay. Item 6-F is also led by Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is a continued item for both the new liquor license at the Sunrise Cafe on Main Street, as well as the approval of the renewal for the -- after the May 1st change over. You have the information in front of you. The reason, if you recall, you asked for -- originally when this came in front of you there was a slight delay to make sure we notified the Church of the Harvest, which owns a church facility that is within 300 feet of this location. We did -- we did provide notice to the Church of the Harvest, we did have contact with them, they have provided you a letter that's in your packet and they did express some concern. Mr. Thomas of High Desert Harley, has a letter in your packet as well or an a-mail as to what the intent of this -- of this liquor license location is and what they're attempting to ,.--~. do with it and why. Mr. Donesley, a representative of Mr. Thomas, is present in the audience if you have questions. I think the matters speak for themselves. I did explain Meridian City Council April 6, 2010 Page 20 of 35 ~ to the Church of the Harvest the difference between liquor licenses and beer and wine and that there are other facilities about the same distance from them that are beer and wine only, but they still have a concern and that's in their letter. So, unless you have specific questions or concerns -- there is nothing illegal about approving these. I think I may have mentioned to you before, the law in Idaho is somewhat antiquated in this area and this is probably not going to shock any of you, but in many cities a licensing officer can issue licenses and it never gets to the City Council level, it may never get to the Mayor's level in many cities. It may simply be issued by the licensing officer, which is usually the city clerk. The state legislature made a point that if you are going to issue a license of this type, then it has to be issued by the City Council. They just wanted to make sure that the city leadership had knowledge that a license was being issued. So, nothing prohibits you from doing it and there is nothing illegal about it and that was -- and Iwanted to clear that up, because that's some of the language the church used and that may have been their misunderstanding of the conversation I had with them. There is nothing that's illegal about having a liquor establishment within 300 feet of a school or a church, it only requires that you be -- that you be the issuing authority, rather than a licensing official. Zaremba: Madam Mayor? De Weerd: Thank you. Mr. Zaremba. ,•-~, Zaremba: There was one thing I was unclear about and that is if this is originally Harley Davidson's license -- and I understand the purpose of that. Is this just being loaned temporarily to Sunrise and at some point in the future when they are ready to build their own little thing next to the motorcycle store they will take the license back? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I can attempt to answer that and if I get it wrong Mr. Donesley can certainly correct me. Without going into licensing 101 for everybody, there is two terms that probably are most commonly used in this type of endeavor and one of them is seasoning and the other one is parking. And what you have happen occasionally -- there are requirements by the Alcohol Beverage Control on when you have to put a license into play, when you actually have to use it, and it's to prevent people from simply acquiring licenses and not using them at all. Because of the quota system in the state of Idaho that would -- that would be a detriment to the system to allow people to simply acquire them and never actually open a business. So, there are requirements of timing when it has to be done. In reading Mr. Thomas' a-mail, their intention is to take the license that belongs to them and use it on their property for their facility. Because of some banking issues and loan issues and financing that's currently available, they are not able to do that. If they don't do this -- if they don't find another place to locate it where it can be used, even to a limited degree, then, ABC has the ability to rescind the license and take it back, because it's not being used. So, it appears to me that what their intent is is to have it at this location for the period of time until they can actually take it back and use it on their ,,...~, facility. So, there is some limitations as to how Sunrise operates and I think that probably works in their favor is what they are considering, but ultimately that's the Meridian City Council April 6, 2010 Page 21 of 35 ~ reason for it is to find a location that can, then, legally serve it, so that it can continue to be in play, even if it's on a limited duration or for a limited time. We have had other ones in the past -- you recall we have had discussions before, but we used the term closet bars that are places that simply operated and didn't actually serve. I think, at least from the letter I'm reading, that's not their intent here, but we have had other ones where people literally operated out of a closet and didn't really serve much of anything. That practice seems to have gone away predominately, but in this particular case it really is going to be used, just not to the same degree that it might be in a regular -- a regular bar or a regular restaurant type of bar. And if that's wrong, Mr. Donesley, certainly please correct me if -- Zaremba: Well, I am -- that piece of it I think I even understood from reading -- what was unclear about and I think you answered is this is not a permanent license for Sunrise Bakery, eventually, it will be taken back. Nary: That's what it -- I mean right how it's efficient the way it is, I mean until that business arrangement between them and transferring it back to High Desert Harley, that's a business arrangement between them. That appears to be their intent. Zaremba: But that is possible. Nary: That's certainly what -- it appears at the outset what they are wanting to do, but ,-~ they can't do that until they build their facility and, again, that's not a transaction the city is involved in. The only issue that would come before you if there is a transfer, you will see the transfer, all of those are on your agenda, or next April you could be asking the same question, if Sunrise is still operating a license, when is that going to occur. You certainly have the right to ask that. Zaremba: Great. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for counsel. Bill, Sunrise -- it's been in the news that -- that their chain or their three restaurants -- it looks like they are going through foreclosure and some -- the bank may take action, we don't know. What happens if that liquor license is transferred to them, they go away, what happens to that liquor license? Nary: Well, the liquor license is issued to a particular vendor, so I don't know what the business relationship is. ABC actually monitors those business relationships between the licensee and where they are located at and what relationship that -- the licensee here, which I'm assuming is Mr. Thomas -- has with the Sunrise Cafe, so it's not uncommon -- and, again, I don't know in this particular circumstance that you may have ,-~ a licensee that is a partner in the underlying business, because ABC requires it, but they have maybe no other business interest in the location. So, Autumn Cafe, when Meridian City Council April 6, 2010 Page 22 of 35 partnered with their business. So, those types of arrangements happen routinely, so in this circumstance I don't know, obviously, that's more their business concern, but it's certainly possible that the Sunrise Cafe and whatever financial issues they may have, may have no impact on this license, other than if the business closes they might be back here in three months looking for another location for it. they originated here a few years ago on Fairview, had that type of relationship, they had a license that came from another location -- or another licensee, who, basically, Hoaglun: Thank you. De Weerd: Mr. Rountree. Rountree: Madam Mayor, thank you. Question for Bill. Out of curiosity I have actually observed some of the closet establishments that we have allowed in Meridian and I guess my question is why couldn't that kind of arrangement be done on -- at the Harley Davidson facility in the commercial zone, as opposed to having to find another place to hang season or whatever their license? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I think I can partially answer that question and maybe Mrs. Canning may have to answer part of it as well. Part of the problem is that the closet bars that we have issued in the past at Bill and Lynn's and the Whitewater, where we have had those, those are already liquor establishments. Having a secondary liquor establishment by our ordinance had specific requirements for them to meet, but they are already a liquor establishment. Harley Davidson isn't a liquor establishment; therefore, they don't have the same approvals for their facility. That's why the intent of this Thunder Mountain Restaurant or whatever they called it, is a separate building, because they have never -- they have never had approval to be a bar. They are approved for a store and a retail outlet. So, I think that's the difference and maybe Mrs. Canning, if I'm incorrect certainly correct me, but I think that's the reason why they simply can't hang a license in a retail store. If you recall in the past when we had these -- these types of circumstances happen, five, six years ago and we have had this -- first discovered we had a licensing problem in Meridian, we had a number of licensees who had licenses that they were attempting to claim were in play in an insurance office, in a doctor office, in a dentist office. ABC wasn't paying close attention to those at that period of time and that's changed. So, that's my belief as to what it is and, again, I may be incorrect. Mrs. Canning, do you know anymore on the High Desert Harley issue? Canning: Not on a specific High Desert Harley, but the only thing I would add to what Mr. Nary said before is that the ones that weren't in bars before were in restaurants and so they would -- if you wanted to buy a drink you have to buy a hamburger, too, so that they could keep that restaurant relationship going. So, it was one of those two scenarios on all the other closet bars. Here you don't have a restaurant or a bar to associate it with, so it wouldn't work out there. Rountree: So, I'm confused. Sunrise has never had a liquor license, so -- Meridian City Council April 6, 2010 Page 23 of 35 Nary: But it is a restaurant and a restaurant with an accessory use of a bar is allowed in the city and a motorcycle shop with an accessory use as a bar is not. Rountree: Not allowed. Okay. Canning: The liquor license for the Sunrise had a restaurant certificate on it. So, that's the box they checked. Rountree: Okay. All right. Donesley: If I might be of some assistance. Rountree: You might confuse it, so -- Donesley: I'm very much aware of that and if there are no questions, I will -- De Weerd: Just state your name for the record. Donesley: Brian Donesley. De Weerd: Thank you. Donesley: I'm a lawyer, I have been doing this stuff for a long time and those closet bars are some of my -- in the old days the ABC didn't care where you put it, frankly, and it was -- and the city was still in its infancy in terms of liquor law and the liquor law's evolved. City Council -- the city's changed its ordinances, it's a very different situation now. That closet bar thing is gone away. The Harley store -- it's not built out. They'd have to build it out. They'd have to qualify zoning-wise to be a bar under the ordinance. Of course, that's not a permitted use without a special use permit and the trouble here is that this loan dried up with the bank, because the bank was requiring another valuation of the property or an appraisal and the appraisal dropped more than 50 percent and there was no build out money. The developer is developing that still. We hope that to happen in the near future. The Sunrise is simply a place where the license could be put because it's a restaurant, it qualifies as a restaurant, and a liquor license in a restaurant is different than a liquor license in a bar, because, it's an approved use in the proper zone. The Sunrise is a temporary placement. The intent is to sell alcohol on a very limited basis, not on Sundays, with whatever drink limitations -- we are thinking not more than two drinks to a person, what have you. And it is an accommodation, but it's a lawful accommodation that's -- it's in a context that's -- I'll present to you totally legitimate and responsible use within the city and the expectation is that there will be substantial development involving that liquor license and, again, I hope I didn't confuse you, I hope that was some help. If there are any other questions that I might address, I would be happy to do that. De Weerd: Anything further? Mr. Bird. Meridian City Council April 6, 2010 Page 24 of 35 Bird: Mr. Donesley, how long before they have to hang a license? Before they have to get it out? Donesley: Madam Mayor, Councilman Bird, there is no limit. It's a month to month rental. It really is a lease agreement of the license. Bird: Oh, no. No. I mean if I got a liquor license today how long do I have before I have to hang it, have it active? Donesley: Madam Mayor, Councilman Bird, if you got -- there are two ways to get licenses. One is off the waiting list. If that happens, then, they give you 180 days and another 90 days to get it done. It used to be 90 days, which was impossible and I know we talked about that in the past. Two hundred and seventy days now to put it into use typically. That means actually using it, selling, build out, the whole deal. And that's very difficult even. Notwithstanding, that's what the law is. However, if you buy an existing license, a so-called seasoned license, there is 90 days to put it into use. There is potentially another 60 day extension under ABC's rule. One hundred and fifty days to use it. Use means actual sales. Bird: And how long has Thomas had this license? Donesley: I don't know when he bought it, but it's been some time. That's true. Bird: Did he buy it from somebody? It's an existing license that he bought? Donesley: Yes, sir. De Weerd: Because he needs to put it into use. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Mr. Donesley, you talked about looking at Sunrise would only probably have a two drink minimum, nothing on Sunday. Now, this is an arrangement that they would agree to, but how does the city enforce that? I mean this is an internal arrangement. Is my assumption correct on that? Donesley: Madam Mayor, Councilman Hoaglun, there is no law that requires that. If the City Council were to specify tonight, I would commit to that. I see that Mr. Thomas has and I know Mr. Godsell, who will be the licensee, his corporation will be the licensee, I have talked to him and he's completely agreeable to that. The intent is not to open a bar, the intent is to have alcohol available on occasion when somebody wants to buy a drink. I would commit that to the Council. There would be -- how would the Council regulate that? I'm not asking that the police go in and do that. We would take Meridian City Council April 6, 2010 Page 25 of 35 ~. that on good faith. These are responsible business people and we don't want to offend neighbors, we don't want to offend the city, we simply want to address this economic immediate licensing reality in a way that makes sense. Hoaglun: Thank you. And if I might follow up with another question and I don't know if you're aware of -- they post it on the website, it's in the media, we received letters that they are looking for financial help and they are in dispute with Wells Fargo and they may be facing foreclosure. What does happen, in your opinion, if that business shuts down, which would be unfortunate? Can you enlighten us on what would happen to that license? Donesley: Yeah. Madam Mayor, Councilman Hoaglun, again, it's amonth-to-month rental agreement, lease agreement of the license, at such time as the lessee, that would be Sunrise, can no longer maintain or even based upon 30 days notice from the lessor, Thomas Entertainment, LLC, the license would be pulled out of there and we would put it someplace else. Hopefully, we would be able to put it to use. I know Mr. -- I know the operator Mr. Godsell and he's working really hard and with a little bit of luck he will be able to pull this thing out. If anybody can he can. And he deserves certainly my support in that. Hoaglun: It would be a loss to the community. Thank you. n. Donesley: The reason that happened -- excuse me -- is that he had a liquor license and he forgot -- he failed to renew it timely. The license renewal application was sent by the state to his -- to an accounting service. There was only ten days -- or the account -- the renewal period expired, he lost the license, because the statute expired that license. That was in that Eagle Cheerleaders store and as a result it created this domino effect that has just been devastating to him and his family and it's really a terrible result. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean the -- to answer Council Member Hoaglun's question, if this licensee were to operate outside the conditions of a restaurant, then, code enforcement would become involved, because they would be in violation, they can't operate this as a bar without a Conditional Use Permit. And that's the same issue -- some of you may recall we had with Busted Shovel a couple of years ago, they wanted to convert from a restaurant with an accessory bar into a bar. We required, before they could do that, to go through the process to convert that and the Council issued a CU with some restrictions. If the Council wanted to restrict this license further than a restaurant, you certainly have the ability to, we would just need to establish the factual basis to do that or what your concerns were that you were wanting to restrict this further than what any other restaurant in the city is allowed to do. I think they volunteered, essentially, to do that on their own and I think their posted business hours right now I think are 9:00 o'clock on the weekdays and 10:00 o'clock on the Meridian City Council April 6, 2010 Page 26 of 35 ~. weekends. So, I think that's their current one. But if your concern is of serving on Sundays and those kinds of things, you certainly have the ability to do it; we just need to establish the facts to make that happen, so -- Hoaglun: And Madam Mayor and Council and Bill, I'm not well versed enough to know -- can you give me a thumbnail sketch on what the restaurant -- if they are serving wine, beer, liquor, what that requirement is? Nary: The biggest difference you would see, Council Member Hoaglun and Mayor and Council, the biggest difference you see today is more the practical impact. Restaurants in the state of Idaho cannot allow smoking where there is food service. So, most food service restaurants that have an accessory bar, your Applebee's, Chili's, those types of places, will have an area that may be sectioned off for alcohol service only and ABC has to come in and inspect that. You have to provide a floor plan; they have to define the different area. You go to The Ram Pub, for example. The Ram has a certain bar area. They don't allow children to sit in that area. At Applebee's they don't allow children to sit at the bar. But the children can sit anywhere else in the restaurant and there is no smoking and that is, I think, an unintended consequence of the no smoking law in Idaho. Most bars, unless they actually choose to be nonsmoking, which there are a few of them now that do that, want to have smoking allowed in there. Once they allow smoking they are not a restaurant anymore. Under our code we wouldn't consider them to be a restaurant anymore; we would now look at them as a bar. So, that's the ,-~ practical distinction. It's not the way the code spells it out, but that's the reality of how they get distinguished. But if they want to serve alcohol in an area and restrict minors from sitting there, ABC is the one that comes in and inspects that and makes a determination on where the seats need to be, if there needs to be a wall that separates children from all the other patrons and those types of things and that's part of their floor plan and we have been looking at a revision to our city code, hopefully within the next year, that would put the same requirements on the city's license to at least provide us the same thing that the state does. Right now we get it sort of voluntarily, but we don't require in our code currently that they provide us the same information the state has on the floor plans, locations, or intent, those kinds of things. But, anyway, the state's going to regulate that. If they are going to allow children in an area and they serve alcohol, the state's going to make sure there is some separation or there isn't a separation in the way that the service is done that's going to be more consistent with what you see out there at your other restaurants that serve alcohol. Donesley: Madam Mayor? De Weerd: Yes. Donesley: If I may. Councilman Hoaglun, the state law requires now by rule 60 percent of all purchases for resale be non-alcohol to define a restaurant. There are other requirements. A kitchen. What kind of food. What kind of health -- there has to be a ,,-., real stove, kitchen stove, and dishwasher and all this kind of health district stuff and the city ordinance for Meridian has adopted the requirements in terms of defining a Meridian City Council April 6, 2010 Page 27 of 35 ~ restaurant for the city ordinance purposes that the state has promulgated previously. So, those two definitions coalesce and are the same, which was one of the things that was done back a few years ago to address those closet bars. Hoaglun: Thank you. De Weerd: Thank you. Anything further from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, let me ask a question. In our ordinance a -- restaurant the food service, can it close before the bar or does -- does the food have to be available as long as the bar is open? Nary: Madam Mayor, Members of the Council, Council Member Bird, I don't recall that we have a specific ordinance that it requires the food to be available the whole time. That's why some of the places will stay open a little bit later. Bird: In Oregon they require you to -- ,~-~. Nary: But I'm not certain -- Mr. Donesley is correct, I mean the state looks at the percentage of sales and that's why -- Bird: I know that. Nary: -- many places sell shirts and hats and other stuff is to make up that difference. Bird: I was just wondering about times. Donesley: Madam Mayor, Councilman Bird, when food is no longer available are children excluded from the premise and it's -- notwithstanding, that's an interesting question. It's one I know the state has wrestled with. I'm not sure the answer is clear. We want to, as a matter of public policy, exclude children from bars. Bird: You bet. Donesley: We don't want restaurants to be called restaurants that are really just bars, because we don't want the over and under scenarios, at least I don't and I'm sure we share that and I don't think it's an issue here, because this is clearly a family restaurant. It has no intention of becoming a bar. It's an accommodation primarily. De Weerd: Council, I think we are getting a little into an educational and you're getting ~-., us off our time schedule. Meridian City Council April 6, 2010 Page 28 of 35 ~ Donesley: I'm sorry. Zaremba: Madam Mayor? Donesley: Excuse me. I will sit down. Thanks. De Weerd: Well, it wasn't intended for you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to throw a comment in, I'm comfortable with moving ahead and approving these two items, but in light of the presentation by MDC earlier and a number of times where the discussion has been that we need to support our downtown businesses, as a side issue I would suggest that everybody go to the Sunrise Cafe sometime this week and have a meal there. Canning: And a drink. Sorry. De Weerd: Okay. Council, I need a motion on this item. ~. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Items F-1 and 2, both the approval of the new and the approval of renewal of the use of the beer and wine and liquor license at Sunrise Bakery and Cafe. Hoaglun: Second. De Weerd: I have a motion and a second to approve this item. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. Item 7: Items Moved From Consent Agenda. De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items. Meridian City Council April 6, 2010 Page 29 of 35 A. Public Hearing: Meridian Parks & Recreation Department Fee Schedule B. .,r-~ Resolution No. Recreation Department Fee Schedule Meridian Parks & De Weerd: We will move to Item 8 under Action Items. Our first item is a public hearing on Parks and Recreation fee schedule. Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. I'll address both Items A and B together, they are the same issue. I came before Council last month and gave you a heads up that I would be here tonight with the updated fee schedule. In conversation, as you know, with legal department we determined that we would be coming before you with each activity guide update and so the 2010 fee schedule before you tonight shows the fee changes, additions, and removals for the upcoming spring and summer activity guide. Those fees have been noticed per our ordinance and in conjunction with the legal department. So, tonight we have two items, the first is the public hearing as required by ordinance for those fees and Item B is the resolution for you adopting those fees and I would stand for any questions. De Weerd: Thank you. Any questions from Council? Bird: I have none. Rountree: None. De Weerd: Thank you, Steve. This is a public hearing. Is there any member of our public who would like to provide testimony on this item? Council, seeing none, I would entertain a motion to close if there are no questions. Bird: So moved. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Item 8-B is a resolution on 10-720. Hoaglun: Madam Mayor? ,--r. De Weerd: Mr. Hoaglun. Meridian City Council April 6, 2010 Page 30 of 35 ~ Hoaglun: I move to approve resolution number 10-720 and for the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: I have a motion and second to approve Item 8-B. If there is no discussion -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would add a discussion that since there was a question raised earlier about whether or not the recreation activities are subsidized, I would remind everybody the answer to that is that the recreation activities are self sustaining and that's what these fees do. De Weerd: Thank you, Mr. Zaremba. Any further discussion? Hearing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. ~ De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Continued Public Hearing from March 2, 2010: TE 10-002 Emerson Park by Kuna Victory, LLC Located at 2910 & 3030 S. Meridian Road Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat De Weerd: Item 8-C is a continued public hearing. I'll turn this over to Mrs. Canning. Canning: Madam Mayor, Members of the Council, you did hear this application in March -- on March 2nd, actually, and continued it to this date. Since it's been awhile I'm going to do a very quick review of the project. It is a time extension. It's for the properties located at 2910 and 3030 South Meridian Road, which is close to the corner of Meridian Road and Victory Road. They are requesting an 18 month time extension for the preliminary plat in order to obtain the city engineer's signature. There was a director's time extension done in the past that included a letter of credit for their proportionate share of the Black Cat sewer trunk line. The applicant did not provide that letter of credit and that was the discussion that led to the continuation of the March 2nd hearing. Staff is recommending a change to the approvals. It's noted in your Council notes for tonight in the underlined, bold, and strike out -- I guess not -- yeah, some strike out, too. So, basically, the applicant will submit to the city an irrevocable letter of credit or cash deposit for their portion of the sewer construction improvements and that Meridian City Council April 6, 2010 Page 31 of 35 ~ amounts to approximately 30,000 dollars and that will be verified in the construction bills received by the city. So, we did receive an a-mail from the applicant stating that they are in agreement with these new conditions of approval, so to our knowledge there are no outstanding issues before Council on this time extension application. De Weerd: Thank you so much. And certainly we appreciate the time and effort that staff has put on this to find a reasonable solution and ask does the applicant have any comment? Oaas: Madam Mayor, City Council -- Meridian City Council, I'm Erik Oaas, 519 West Front in Boise and I am here to just applaud Director Canning and staff for -- for their work in working with us and working with Mr. Tverdy from our company in coming -- really presenting what we consider to be very fair and reasonable solution and we certainly appreciate all your hard work and effort. I know I threw a little bit of a curve ball on the March 2nd meeting and -- and we are certainly pleased with the results and just wanted to come here and we appreciate it and thank you. De Weerd: Thank you. Council, any questions? Bird: I have none. Hoaglun: Just a comment, Madam Mayor. Since opening day was yesterday or .-~ Sunday night at least one thing this Council has become truly adept at and that's hitting the curve ball, so too bad. De Weerd: Oh, brother. Thank you. Okay. If there is no further questions or comments I would entertain a motion to close. Hoaglun: Madam Mayor, I move that we close the public hearing on TE 10-002. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: I move approval of the 18 month time extension as submitted by staff with the conditions that they have provided and that the applicant has agreed to. .-., Zaremba: Second. Meridian City Council April 6, 2010 Page 32 of 35 ~'`~ De Weerd: I have a motion and a second to approve Item 8-C. If there is no further discussion -- seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 9: Ordinance. A. Ordinance No. : AZ 09-005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District B. Amended Ordinance No. 766 A. An Amended Ordinance Granting Annexation and Zoning for Land Known as Tremont Place Subdivision Commonly Located in the Southwest'/4 of Section 12, Township 3 North, Range 1 West. of the Boise Meridian, Ada County, Idaho De Weerd: Item 9 is our ordinances under A and B. I will ask Madam Clerk to, please, read Ordinance No. 10-1445 and 766-A. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, before the Clerk reads that, Madam Mayor, Members of the Council, I just wanted to point out to you on Item B, the reason the numbering is odd from what you're used to is this is an ordinance that was actually approved in 1997 by the city and in all that time they have given notice I guess back in 1997 to the city under a different city attorney and a different administration that this zoning attachment to this didn't close. We have this happen periodically and we simply bring it back and correct it and do a corrected survey and bring it back for approval. Somehow in 1997 that never got done. So, this property hasn't been in the city for this long and you may have thought it was. So, they -- we received notice recently, because there was a need for a building permit, I believe, and that's when we discovered that this error had occurred back then. So, it's odd, because of the numbering system and odd because of the date on it, and I just wanted to be aware of it. So, there is nothing really other than that that's abnormal about it, we are simple closing the loop and getting it done as we would do it today on any other property in this circumstance. De Weerd: Thank you for that clarification. Okay. Madam Clerk. Meridian City Council April 6, 2010 Page 33 of 35 Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 10-1445, an ordinance AZ 09-005, JJA Subdivision for annexation of a parcel of land being a portion of the southeast one quarter, southeast one quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-C, Community Business District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian amended Ordinance No. 766-A, an amended ordinance number 766, for property located as south of Pine Street and West of 8th Street, more specifically described as a portion of property located in the southwest one quarter of Section 12, Township 3 North, Range 1 West, of the Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low Density r~ Residential, in the Meridian City Code, providing that copies of this amended ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the amended ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you, Madam Clerk. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing none, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinances No. 10-1445 and 766 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve these two ordinances. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council April 6, 2010 Page 34 of 35 ~``~~ De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 10: Other Items. A. Executive Session per Idaho State Code 67-2345 (1) - (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; and (fl To Consider and Advise its Legal Representatives in Pending Litigation De Weerd: Our next item is Executive Council -- or a Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(fl• Hoaglun: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (Into Executive Session at 8:20 p.m. and out of Executive Session at 10:05 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. .~ Bird: Second. Meridian City Council April 6, 2010 Page 35 of 35 De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 10:05 P.M. 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