HomeMy WebLinkAbout2011-03-01E IDIAN~---
iDAHo
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, March 01, 2011 at 7:00 PM
1. Roll-Call Attendance
David Zaremba Brad Hoaglun
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance (Pg. 1)
3. Community Invocation by Pastor Tim Pusey, Valley Shepherd
Nazarene (Pg. 1)
4. Adoption of the Agenda (Pg. 1-2)
5. Proclamation
A. Skills USA Proclamation (Pg. 2-6)
6. Consent Agenda (Pg.6-7)
A. Acceptance Agreement for Display of Artwork of Art
Expressions in Initial Point Gallery from May 20 to June 17,
2011
B. Findings of Fact, Conclusions of Law for Approval: AZ 10-004
Pecchenino Annexation by City of Meridian Public Works
Department Located 1955 N. Ten Mile Road Request:
Annexation and Zoning of One (1) Acre of Land from RUT (Ada
County) to R-4 (Medium Low-Density Residential) Zoning
District
C. Agreement for Connection of Domestic Water and Sewer
Service And Installation of Fence Upon Annexation for the
Property Located at 1955 Ten Mile Road (AZ 10-004)
D. Final Order for Approval: TE 10-034 Jericho Subdivision by
Washington Federal Savings Located 6055 & 6185 N. Jericho
Meridian City Council Meeting Agenda -Tuesday, March 01, 2011 Page 1 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Street Request: Approval of a Two (2) Year Time Extension to
Obtain the City Engineer's Signature on the Final Plat
E. Final Order for Approval: TE 11-001 Baraya Subdivision by
Dyver Development, LLC Located on South Side of W. Franklin
Road Between N. Black Cat Road and N. Ten Mile Road
Request: Approval of a Two (2) Year Time Extension to Obtain
the City Engineer's Signature on the Final Plat
F. Resolution No. Proposed # 11-773: A Resolution Adopting a
Substantial Amendment to the Community Development Block
Grant (CDBG) PY08 Action Plan
7. Items Moved From Consent Agenda (Pg. 7)
8. Department Reports
A. Planning Department: Request for City Council Comments on
Ada County Application (Pg. 7-12)
B. Legal Department and Clerk's Office Joint Report: Conditional
Use Permit Fee Waiver Request by Ilene Dudunake for A New
Vintage Wine Shop (Pg. 12-16)
9. Ordinances
A. Ordinance No. An Ordinance of the
Mayor and City Council of the City of Meridian for Annexation
of a Parcel of Land Known as the Pecchenino Parcel Located
at 1955 North Ten Mile Road, Meridian, Idaho (AZ 10-004)
(Pg. 17)
10. Future Meeting Topics (Pg. 17-18)
Meridian City Council Meeting Agenda -Tuesday, March 01, 2011 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's OfFice at 888-4433 at least 48 hours prior to the public meeting.
,~ Meridian Cit Council Meetin March 1 2011
A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesda ,March
Y
1, 2011, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird
and Charlie Rountree.
Others Present: Bill Nary, Jacy Jones, Anna Canning, Warren Stewart, Tracy
Basterrechea, Joe Silva, Robert Simison, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
_X David Zaremba X~Brad Hoaglun
X Charlie Rountree _X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Well, I would like to welcome all of you here this evening. We appreciate
you being in attendance. For the record it is Tuesday, March 1st. It's a few minutes
after 7:00 o'clock. We will start tonight's meeting with roll call attendance.
,~ Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Tim Pusey, Valley Shepherd
Nazarene
De Weerd: Item No. 3. Is Pastor Pusey here? I don't see him.
Item 4: Adoption of the Agenda
De Weerd: Okay. We will just move to Item No. 4, which is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: On tonight's agenda just a couple items to note. Under the Consent Agenda
Item 6-F, that resolution number is 11-773. And under Item 9-A, Ordinances, that
,-~,, ordinance number is 11-1475. So, with those items noted, I move adoption of tonight's
agenda as presented.
Meridian City Council
March 1, 2011
Page 2 of 18
Rountree: 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: Proclamation
A. Skills USA Proclamation
De Weerd: Item No. 5 is a proclamation and as I go down below -- I would like to first
note that we have been in partnership in years past with this group and they
represented us very well at nationals and certainly we were honored at that time that
was with our Habitat For Humanity home that was first built here in Meridian. We were
always very proud to say this was a home that was fundraised and the opportunity
created by our youth and. it was built by our youth and I know that there is proud
ownership of that home today because of the youth efforts and so that is one thing that
we take a lot of pride in. I will read this proclamation. I will ask the teacher to come up
and introduce the -- or have the students introduce themselves and tell the Council what
their area of competition is and, then, I will go down there and present the proclamation.
,~ Okay? And I do have a City of Meridian pin for each of you as well. We appreciate you
students being here with us. Okay. Whereas the City of Meridian is proud to recognize
deserving citizens of this community, especially students who accomplish great things
on behalf of their community, and whereas Skills USA Team Renaissance willingly
performed numerous hours in planning and constructing a home within the Joint School
District No. 2 during class time and weekends for a family in need and whereas Skills
USA Team Renaissance have reached out to other community organizations, such as
the Lion's Club, by constructing a child's playhouse at no cost for that organization and
whereas the Mayor and City Council of the City of Meridian acknowledge Skills USA
Team Renaissance and the efforts of their classmates and Mr. Mark Enger's residential
construction class; therefore, I, Mayor Tammy de Weerd, of the City of Meridian do
hereby proclaim March 1st, 2011, as Skills USA Team Renaissance Day in Meridian,
Idaho, and call upon the people of our city and the Treasure Valley to celebrate the
accomplishments of Skills USA Team Renaissance. And so with that I will turn it over to
you and ask you to represent your team.
Enger: Thank you, Madam Mayor.
De Weerd: And you will have to do it in the microphone. Because we want this on the
public record, you know.
Enger: Thank you, Madam Mayor. I, myself, Mark Enger, as an adviser -- one of four
~ advisers for this particular team, Team Renaissance, has been very successful in the
past years, which has been backed and supported by you folks, the Mayor, as well as
Meridian City Council
March 1, 2011
Page 3 of 18
~~ the Council Members, as well as the city patrons of Meridian -- couldn't have done it
without you. Plain and simple. And, obviously, you can tell I'm not really a public
speaker and I can say, honestly, that, unfortunately, some of our members are not here
this evening due to conflicts and some of those were successful members last year
dealing with the national competition where we fortunately came in second place in the
nation in our community service projects dealing with the Habitat For Humanity home.
So, with that I'm going to turn it over to these fabulous young adults who are going to
be, obviously, taking all of our places in time in the future and, hopefully, we will let them
introduce themselves and their competitions. So, with that this is Team Renaissance.
Thank you.
De Weerd: Thank you, Mark.
Enger: Come on up.
McDonald: Is it working?
De Weerd: You're just taller than it is. Worked for the teacher, not for the student.
McDonald: Yeah. Hi. My name is Sam McDonald. I am second year student in the
masonry program at Renaissance, a first year student in the construction program. I
competed last year in the masonry program. Masonry won and won first place. I am
r~ going to be competing this year in the masonry program, as well as job skills demo and
I hope to compete again next year.
De Weerd: Very good. Thank you for being here.
McDonald: Thank you.
Burmingham: I'm Josh Burmingham and this is my second year in the masonry
program at Renaissance and I competed in Skills USA last year and I got second, so
I'm going to compete this year and try and, hopefully, get gold this time and maybe go
to nationals and we worked on the Habitat Humanity house for awhile and just trying to
help out.
De Weerd: Thank you, Josh.
Cooper: Hello, Mrs. de Weerd.
De Weerd: Hello.
Cooper: My name is Zachery Cooper. I am also second year in the masonry program
for -- yeah. Last year I did compete and I did place in third and I will be doing that again
this year and the composition and I'm not yet assigned my job skills, so I will get back to
.~~ you on that.
Meridian City Council
March 1, 2011
Page 4 of 18
~~ De Weerd: Thank you, Zachery.
Sipher: Hello.
De Weerd: Hi.
Sipher: I'm Danny Sipher and this is my second year in masonry. This is going to be
my first masonry competition, though, so I'm pretty excited. Hope I do good.
De Weerd: We appreciate you being here tonight.
Sipher: Thank you.
De Weerd: Thank you.
Freeman: My name is Garth Freeman and I'm also part of the masonry program. It's
my second year doing it and this is my first year competing, so, hopefully, try it out and
like our teacher said we have worked on the Habitat Humanities house a couple times
and it's fun working. I enjoy this.
De Weerd: Thank you.
Driscoll: My name is Lucy. Driscoll. I am competing in the firefighting competition. This
is my first year. I am in the class for orientation to police, fire, and EMS. This is the first
year it's been offered, so we are seeing how the program goes and we are also seeing
how the competition goes.
De Weerd: Very good. Thank you.
Madsen: My name is Tiffany Madsen. I am also in orientation to police, fire, and EMS
and this year I will be competing in the promotional bulletin board and this is my first
year.
De Weerd: Thank you.
Buttars: My name is Ryan Buttars. I'm also president of this chapter. Last year I
competed in masonry and chapter display. I went to nationals for chapter display and
we placed fifth overall. And I plan on going again this year.
De Weerd: Thank you, Ryan. Congratulations.
Irminger: Hello. My name is Dillon Irminger. This is my third year as part of Team
Renaissance. I am the secretary this year. The last two years I have competed in
chapter display, winning state last year and being a -- I can't think of the word. I went to
.~. nationals -- a substitute for nationals the year before we got fourth place. This year I'm
planning on doing American spirit.
Meridian City Council
March 1, 2011
Page 5 of 18
.~
De Weerd: Thank you. I should have asked Dillon what does the America spirit mean?
So, can you tell me what American spirit means?
Irminger: Do you want me to go back up there?
De Weerd: Yeah, Dillon, if you would. Didn't want to take away yourthunder.
Irminger: Well, for American spirit is really having a pride for our country right now and
doing whatever I can to better our country and that's my emphasis in the competition.
De Weerd: And so your -- it's a speech, I assume?
Irminger: It's a presentation more so of a team of three and we are just getting down to
business and we are really hammering out the details right now.
De Weerd: Okay. Well, thank you.
Irminger: Thank you.
Barber: My name is Kyle Barber and this is -- I am -- for the Team Renaissance I am
the parliamentarian. This is my third year in the digital home technology course at our
,~,, school and this year I'm competing in the job skills demo -- Demonstration A.
De Weerd: Thank you, Kyle. We always appreciate the parliamentarian. I probably
need lessons.
Harwig: My name is Jacob Harwig. I am a senior attending Meridian High School and
the class I take at Renaissance is the residential construction class in which we built the
home for Habitat. And the competition I'm competing in is Habitat -- or, sorry,
community service and also will be introducing the teammate that took silver in
nationals Trevor Pogue. He was unable to make it tonight. And we hope that he will
lead us to a gold this year at nationals.
De Weerd: All right. Good luck.
McFadden: Good evening. Thank you for having us. I'm Shreela McFadden and this is
my second year in residential construction at Renaissance and this year I am working
on the Habitat home. And I am competing in community service for the first time, so I'm
really excited.
De Weerd: Very good. Thank you for being here. You want to wrap up and I will come
down there.
Enger: Absolutely. Again, I would like to thank the Mayor, as well as the City Council
members for having us and taking a moment of your time. I know it's a very busy time
Meridian City Council
March 1, 2011
Page 6 of 18
of the year for, obviously, all legislative bodies throughout the entire state. I see on the
news, unfortunately, all too much of the problems going on or concerns we will say
dealing with the issue of legislatures and real tough decisions that need to be made and
I feel for every single one of you folks on making those types of decisions. It's not easy,
obviously. So, again, I want to appreciate and thank every single one of you folks for
having us here. Mayor de Weerd -- so, thank you.
Zaremba: While the Mayor is returning I would just like to add that I'm really impressed
and I think our future is in good hands and appreciate what you're all doing as a group
and individually.
De Weerd: And good luck in your competition. Thank you. We expect a report back,
by the way. Okay.
Item 6: Consent Agenda
A. Acceptance Agreement for Display of Artwork of Art
Expressions in Initial Point Gallery from May 20 to June 17,
2011
B. Findings of Fact, Conclusions of Law for Approval: AZ 10-004
Pecchenino Annexation by City of Meridian Public Works
,~, Department Located 1955 N. Ten Mile Road Request:
Annexation and Zoning of One (1) Acre of Land from RUT (Ada
County) to R-4 (Medium Low-Density Residential) Zoning
District
C. Agreement for Connection of Domestic Water and Sewer
Service And Installation of Fence Upon Annexation for the
Property Located at 1955 Ten Mile Road (AZ 10-004)
D. Final Order for Approval: TE 10-034 Jericho Subdivision by
Washington Federal Savings Located 6055 & 6185 N. Jericho
Street Request: Approval of a Two (2) Year Time Extension to
Obtain the City Engineer's Signature on the Final Plat
E. Final Order for Approval: TE 11-001 Baraya Subdivision by
Dyver Development, LLC Located on South Side of W. Franklin
Road Between N. Black Cat Road and N. Ten Mile Road
Request: Approval of a Two (2) Year Time Extension to Obtain
the City Engineer's Signature on the Final Plat
F. Resolution No. : A Resolution Adopting
a Substantial Amendment to the Community Development
,~,,, Block Grant (CDBG) PY08 Action Plan
Meridian City Council
March 1, 2011
Page 7 of 18
~~ De Weerd: Okay. Item No. 6 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr, Hoaglun.
Hoaglun: Just to note under Item 6-F, that resolution is number 11-773. And so I would
move approval of the Consent Agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda.
Hoaglun: And, Madam Mayor, that includes the Mayor to sign and Clerk to attest, of
course.
De Weerd: I appreciate that. Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
~ MOTION CARRIED: ALL AYES.
Item l: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8; Department Reports
A. Planning Department: Request for City Council Comments on
Ada County Application
De Weerd: So, we will move to Item No. 8 under Department Reports and I will turn this
overtoMrs. Canning with the Planning Department.
Canning: Thank you, Madam Mayor. I will let Mr. Stanfield represent his applicant's
request and, then, I have a brief follow-up to his project.
De Weerd: Okay. Thank you. Good evening.
Canning: Good evening, Mayor, Members of the Council. I'm Scott Stanfield of Mason
Stanfield Engineering, 826 3rd Street South in Nampa, representing the owner of the
parcel Mr. Mike Mussel) who is here should you have any questions for him. Basically,
,-~, he owns the roughly 1.6 acres that is across Meridian Road from the Chicken Coop
Storage facility between Victory and Amity and he's surrounded by several large parcels
Meridian City Council
March 1, 2011
Page 8 of 18
~- that recently came in for an annexation into the City of Meridian and he agreed to join
that annexation, but I believe these people that are between him and the city limits, they
have not signed the annexation yet, so Mike's kind of in a conundrum where he has a
buyer that's interested in buying portions of his building and operating an agricultural
dairy related type laboratory. To do that he has to apply for a Conditional Use Permit in
the county, because he's not in the city and he doesn't have an annexation path or else
he would sign up and finish his own annexation. So, that's, basically, what I have here
before you this evening is to just get your input and get your opinion. I know staff --
Anna has some ideas and some concerns and we will hear those out. Basically, we
have tried to cover all the bases that we could think of. We met with the health district,
because sewer is not available, nor is water, so we can meet the health issue
requirements without any issues. We met with Matt Ward with ITD and we will be
required to submit another access approach permit to utilize the existing approach, but
ITD will only grant that on a temporary basis and Mike has agreed with ITD and this will
be part of the application in the approach permit, that he joins in the overall access
management for the entire area when -- if and when it annexes and develops. So, we
are trying to cover all the bases and at the same time allow Mr. Mussel) to move ahead
and bring another small commercial business into the Treasure Valley. So, with that I'll
stand for any questions.
Rountree: I have none right now.
. De Weerd: Okay. Thank you, Scott.
Stanfield: Thank you, Mayor.
Canning: Madam Mayor, Members of the Council, the only concern staff has is that the
annexation and development agreement have been approved and so there is a pending
approval contingent upon the applicant signing the development agreement. So, after
time that will expire, but we've probably got a full year and a half before that expires.
So, we kind of have two jurisdictions at play here, because there is a pending
annexation. I did have a representative from Hawkins Company call and say that they
were in favor of this. They haven't provided written testimony, but they did verbally state
that they were in favor of it and that they did not plan on signing the development
agreement, because they were told it compromised their ability to sue for additional
access points on Meridian Road. So, we may never see them actually sign that
development agreement. I don't know. But it just puts this in an awkward place is all.
De Weerd: So, Anna, what are the options?
Canning: Well, we could just let it go through in the county and if for some reason it
was annexed, then, when the site developed -- and I do have that concept plan, but
when the site developed they'd have to redo the plan to accommodate this existing
building, which it looks like it may be fairly new. That wasn't in the original plan. The
,~, original plan it's not. there is my understanding. The other option is to -- once they get
approved in the county, for the city to take action and rescind the annexation approval.
Meridian City Council
March 1, 2011
Page 9 of 18
~~ The third --those are, really, the two options. So, the first one we would just let the DA
lapse after two years and, then, it would be automatically rescinded.
De Weerd: Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: If this had already been annexed would the use that's being proposed on the
property be permitted in the city?
Canning: That's a good question. I think it would --
Zaremba: Shall I repeat that? I wasn't on the microphone.
De Weerd: Yeah. Would you repeat that.
Zaremba: My question was if this whole property had already been annexed would the
proposed use be permitted in the city.
Canning: I don't know specifics on the use, but my general inclination would be to say
,~ yes, because it was the C-G zone, which is very permissive. If they are conducting it
inside a building of this size and shape, it's probably not a full industrial use, one that
would require an industrial zone to be in and the C-G and the I-L have a lot of overlap.
So, I'm guessing. Sorry. I didn't think to look that up. But I would anticipate that it
would be an allowed use.
Zaremba: Great. Thank you.
De Weerd: So, Anna, if this were to move forward under the county, I guess the --what
I would have question in is once the development agreement was signed, provided it
was signed, it would be annexed in the city. Could there be provisions that once
annexation was in effect that certain improvements bringing it up to city code would be
put in place or how do you deal with that?
Canning: Madam Mayor, Members of the Council, I would suggest that you ask Mr.
Stanfield to comply with our landscape ordinances and our parking design, because I
think ours would work in the county. I don't think they conflict with one another. So, he
may be amenable to designing it for future conformance with our code. The two codes
aren't -- aren't very dissimilar. The difference would be the width of the landscape
buffer.
De Weerd: And I guess at the time a DA was signed is that when services would be
,.~ provided to this property? I guess --
Meridian City Council
March 1, 2011
Page 10 of 18
..~~ Canning: No. Probably services won't be pulled down to that portion of the site until the
developer moves forward with -- with development of the property, because services
are a little ways away. Let me bring up the concept plan.
De Weerd: And Central District Health is good with that.
Stanfield: They are good with it with certain restrictions and Ihave -- we have went over
their restrictions and we can live with those restrictions. And while Anna is bringing that
up, Mr. Mussell's ultimate plan -- he wants to be in the city now and he recognized that's
the best use of the property, but, unfortunately, he can't. He wants services to be there
and what he really wants to do is add onto the building and do a retail mixed use
condominium plat. That's his long-term goal. And he can't do that until he's annexed
into the city, because the county has already told him you can't add onto your building,
because we are in the city's impact area. So, we don't have any problem with you
suggesting any conditions to the county when they request formal input from the city,
you know, complying with the Meridian landscape and parking standards, because the
two are really close and when Mr. Mussell comes in when he's annexed some day in
the future and redevelops, he would have to comply at that point anyway. So, it's in his
best interest to bring it to code now. He's just -- he's stuck in the middle. He's not part
of the --
De Weerd: It's frustrating.
Stanfield: -- Hawkins, he's not part of the -- and he's ready to move ahead and he's a
small fish surrounded by a bunch of big whales.
De Weerd: I commend you for finding an interim use that -- that seems feasible until
that time.
Canning: Madam Mayor, I misspoke. It does look like the concept plan retained that
building.
De Weerd: Council, any other questions?
Bird: Ihave none.
Rountree: Madam Mayor, just a question for Anna with respect to the DA. Could it not
specifically call out that lot, if you will? This particular lot and put some qualifications
about it in terms of annexation and consideration of -- I mean they are, essentially,
going to be an access point, so it's not going to -- they are not going to be in question if
there is litigation about access. They are going to be right next to one. The only
question is if Hawkins doesn't continue on with the annexation and my guess is that's
not going to happen. I think they want to get that done. I don't know how long it's going
to be before they get ITD to agree to the access points or not. But it seems to me if
.~., that's included in that package and the DA was written in such a way as it would, you
know, provide some provision for the separate ownership and separate applicability as
Meridian City Council
March 1, 2011
Page 11 of 18
.~, the conditions of the DA, that we could go ahead and finalize the annexation for this
property in hopes that --
Canning: Madam Mayor, Members of the Council, Councilman Rountree, parts of that
are -- will work and that's a great idea. We hadn't thought of that. There would be an
opportunity -- we have in the past done development agreement modifications on
development agreements that haven't actually been signed yet, so we have done that
before. They could submit for a development agreement modification that would
basically just pull it down to this site and we could attach a number of conditions
associated with that development agreement. Once they signed it we'd have to hold it
and wait for the larger parcel, because they don't have an annexation path. They are
not contiguous. So, that portion of it -- we couldn't finalize the annexation, so to speak,
because we couldn't actually annex them. But we could get a development agreement
signed.
Rountree: And, then, my next question is for Mr. Nary on the term of contiguous and
my contention that it doesn't mean that they have to touch, but they just need to be
adjacent to or near and actions the city's taken in the past with respect to nontouching
annexation.
Nary: Madam Mayor, Members of the Council, the courts in Idaho have not addressed
that specific question directly on that. I think my -- I would agree with you that there
,,~,, have been occasions that cities, including this one, have annexed properties that were
adjacent or near and have not been challenged to those, but the courts have never --
the courts in Idaho have not said one way or the other what that specifically means.
When you look up the common meanings in -- whether it's Black's Law Dictionary or
any other dictionary they all tend to be repetitive of themselves. So, they will say
contiguous means adjacent and adjacent means near and near means contiguous. So,
it's not very clear whether or not that's a problem. That's certainly something we could
address if we need to.
De Weerd: Mr. Nary, is your microphone on?
Nary: Oh, it is not. I'm sorry. So, I guess to repeat, the answer is maybe. The courts
in Idaho when we have looked at that question in the past have not had to address that
directly, because they have not been challenged to that point to the Supreme Court that
it's not annexable because it's not adjacent, contiguous, or near. The various legal
doctrine we have looked at all interchange those words to mean the same thing. So, it's
not clear to me that you couldn't annex something based on what you're asserting here
that it is adjacent and near your city limits. The very few cases out there where you
have the shoestrings and those kind of things, the courts have decided they aren't
annexable, but that's because someone's objected to being annexed, not when it was
consensually being annexed and someone else has objected to it, we haven't seen that
case.
Zaremba: Madam Mayor?
Meridian City Council
March 1, 2011
Page 12 of 18
De Weerd: Mr. Zaremba.
Zaremba: I'm -- I'm in favor of this moving forward somehow. The one difficulty I see
with annexation, even if we could say that it's near enough, is that upon annexation,
then, we have to hook up to water and sewer and we don't have those available. So, I
don't know of a solution, but I'm happy to recommend to the county that they approve it
and request that they require what the applicant has already agreed to, that it matches
our landscaping and parking plan.
De Weerd; And it appears they have already done all these scenarios themselves and
came up with probably the same conclusion you just did.
Zaremba: And I'm sort of repeating what he said, so --
De Weerd: Council, any other creative ideas that maybe haven't been thought of? I
don'tthinkthere are any.
Stanfield: Okay. Well, we haven't -- what I will do now is move ahead with our formal
applicant to the county. This is just an informal discussion we wanted to have and you'll
get -- you know, obviously, you know, you will get your chance when the county remits
the application down to you. We just wanted you to be somewhat prepared for it and
,~, give you time to think about it.
De Weerd: Appreciate that heads up and I think our planning director probably has a
good sense of -- of what comments the city would provide in support.
Stanfield: Okay. Sounds reasonable.
Bird: That would be my thinking.
De Weerd: Okay.
Stanfield: Thank you.
B. Legal Department and Clerk's Office Joint Report: Conditional
Use Permit Fee Waiver Request by Ilene Dudunake forA New
Vintage Wine Shop
De Weerd: Thank you. Okay. Our next item, Item 8-B, is with our Legal Department
and Clerk's Office regarding our Conditional Use Permit fee waiver request by A New
Wine or NewVintage Wine Shop.
Nary: Thank you, Madam Mayor, Members of the Council. I'm going to also turn some
,,r•, of this over to Mrs. Canning from Planning about kind of how we got there, but,
basically, what's in front of you is a request from New vintage Wine Shop for a waiver of
Meridian City Council
March 1, 2011
Page 13 of 18
~~ fees for a Conditional Use Permit. They have been in operation for ten years. Yeah.
So, ten years this year and the way they operate their business is -- sort of falls in
between what the state code allows for serving of alcohol on their premise. They have
a premise license, so they have the correct license to be serving alcohol, so they serve
beer and wine in their shop. That's -- so, it's not a licensing issue or a problem. The
problem is in our code for those types of establishments they need a Conditional Use
Permit, because although they are not a bar and they don't look like a bar and they don't
act like a bar, under our code they are a bar. and bars require conditional uses, unless
they have a restaurant attached to it and they have a restaurant certification by the
state, then, they need a conditional use. So, they have been in operation for a long time
and, like I said, Mrs. Canning can explain kind of how we ended up getting there with
them and there is the potential that at least one other licensee in the city may ask for the
same consideration, Divine Wine, which is over near the Majestic Cinema, also
operates in a similar fashion as New Vintage. So, wanted you to be aware of that, why
they were asking, and we did ask the clerk's office to at least look at whether or not the
Council would be interested, if you were to grant this waiver, that you would want to
grant the entire waiver of the cost --there are some costs that are essentially staff costs
that we would absorb if you grant a waiver. There are some costs that we actually have
to expend as part of the conditional use process. Some of it is the noticing that's
required, the newspaper noticing that's required, and I asked the clerk's office to at least
give us an estimate of that cost and those would range for both supplies, postage, and
printing costs, between 136 to 171 dollars would be just that cost and, again, for what
.~~ it's worth, we thought the cost of us absorbing something is different than the cost of us
actually writing a check to somebody else to provide a service. So, if the Council would
be wanting to consider that, that's how those fees split up is 1,396 dollars is the fee for a
Conditional Use Permit for the staff time that it takes and the hearings and processing
the reports and all those things. And of that up to about 171 dollars of it is going to be
staff time. If you want Mrs. Canning can give you kind of a little bit more background on
how we got there with this discussion. And, then, the do next, the owners of New
Vintage are here if you want to hear from them.
Canning: Madam Mayor, Members of the Council, the applicants were curious and I'm
sure you're curious, too, why after ten years of being in operation there was now a land
use issue and to clarify or reiterate, it's never been a liquor license or a beer and wine
issue, it's --they have always done that correctly. Here is what happened. Every year I
sign off on the beer and wine licenses and my understanding of the liquor laws has
increased over time and every year I get a little more uncomfortable when it comes to
signing these applications as I learn a little bit more about, you know, what qualifies as a
tasting. It's really a very small tasting. And just a little bit more about the state laws
regarding liquor. The UDC allows me a little flexibility in my interpretations and because
these were primarily retail stores, which I think everyone can agree with, I didn't see that
a Conditional Use Permit was necessary for a drinking establishment. It was truly in this
gray area. And Divine Wine came in shortly after I started work and my first question
was, well, you know, what's New Vintage, how did we do that one, it was a retail store,
okay, we will do a retail store again, knowing that they served some quantity of alcohol.
But, again, the UDC gives me a little flexibility. Last year we had also sorts of strange
Meridian City Council
March 1, 2011
Page 14 of 18
~~~ things come in. We had Brewphoria, which was kind of like a beer tasting place, which
we weren't quite sure what to do with. They have taken kind of the restaurant route, so
we were able to satisfy the land use issue by the fact that they serve a fair amount of
food at that location. And, then, we had these salons that were coming in and wanted
to serve wine while you were getting your pedicure and things like that and we finally
said -- we collective from .legal and the clerks and planning, we -- and in code
enforcement, we said, you know, we better really go talk to Council and find out what
they want to us to do. So, you may remember last summer we came in and said, all
right, what do you want us to do and you said, no, it's either a bar or it's retail sales. So,
my flexibility and my ability in signing off on the liquor licenses kind of went away at that
point. So, that's why we have contacted them and said these -- these particular two
businesses and said we need you to get a Conditional Use Permit, but that's also why
we are -- we can see the wisdom in waiving the fees, too, because they really haven't
changed their operations at all, this is just a new requirement that we have put on them.
De Weerd: Council, questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess maybe it's a wrinkle in the -- I think it's a state law now -- that a place
.~. that is actually a bar has to have the servers licensed and trained and checked and
stuff. Would that suddenly now apply to these two businesses as well?
Canning: No. The land use approval is -- is separate from the beer and wine license
approval. So, again, they have been operating completely within their beer and wine
license and nothing would need to change. When they are serving they put up the
signs that they need to put up, if they are serving throughout the store. They have
always done everything they needed to as far as that. Just the land use approval is just
my ability to sign off on the beer and wine license every year is really all it is.
Zaremba: Madam Mayor? And a separate question is part of the CUP process is to
measure the distance from establishment to any schools or churches. Is that likely to
bean issue?
Canning: No.
Zaremba: Okay. Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
,~, Hoaglun: A question for Anna. Is there -- is your department looking at possibly putting
these into a different category as other requests for approval come along? I mean I see
Meridian City Council
March 1, 2011
Page 15 of 18
~~. it as a retail store that does serve a small amount for tastings or whatever and sampling
and different things like that. But has there been discussion in your department to take
a look and see if this is a different category that you can fit in that we can establish
fees?
Canning: Madam Mayor, Members of the Council, Councilman Hoaglun, we can and
that's the question we asked Council last summerwas do you want us to do that and we
are still happy to do that. It seems to make some sense, but it's going to be hard to
draw that line and when do you cross over.
De Weerd: So, I guess our -- is the suggestion bringing these into compliance, because
they are somewhat grandfathered and -- and, then, to move forward with any new
establishments that that would be the process that they have followed getting the CUP.
Canning: Yes.
De Weerd: okay.
Canning: And the most recent one we have had is -- is Corkscrews and they came in
and said we want to be a wine bar. They didn't say they wanted to be a wine store. So,
we had them get a Conditional Use Permit. So, they are --they are squared away.
,,~, Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, they do have to have server training. To
serve -- to serve beer and wine on their premise they have to have server training as
well.
De Weerd: Right. And that's under the --
Nary: That's city code. Yeah. That's part of their license requirements, so --
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, I don't have any questions. I think that this is an issue that
we have created and I'm in favor of honoring the request to waive the fees and I would
so move.
Bird: Second.
De Weerd: okay. I have a motion --
~..,, Zaremba: Madam Mayor?
Meridian City Council
March 1, 2411
Page 16 of 18
~, De Weerd: -- and a second and discussion with Mr. Zaremba.
Zaremba: Discussion. I agree with the motion. I would like to clarify that that applies to
the two establishments that we are talking about tonight and is not a precedent for other
establishments.
Bird: Mr. Chairman -- or Madam Mayor?
De Weerd: Mr. Bird.
Bird: The second deal, is it just for this one application? Because that's all wegot --
Canning: Mike.
Bird: --that's all we got before us. I'm on. I'm on.
De Weerd: Okay. Can you get closerto the mike, then? Thank you.
Bird: Yeah. I believe that all we are voting on tonight is this one application. If the
other one has to come in, then, that's another source that we take up. That's my
personal opinion as a second.
,,~, De Weerd: We will ask the motion maker.
Rountree: My intent was for what we have before us this evening.
De Weerd: Okay.
Zaremba: Thank you for the clarification.
De Weerd: Any further discussion? The motion is to approve the item in front of you as
printed in the agenda. Okay. Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Canning: Madam Mayor, clarification. I'm sorry. Did you mean the full cost or did you
wa nt to --
Rountree: Yes.
~, Canning: Okay.
Meridian City Council
March 1, 2011
Page 17 of 18
r~ Item 9: Ordinances
A. Ordinance No. : An Ordinance of the
Mayor and City Council of the City of Meridian for Annexation
of a Parcel of Land Known as the Pecchenino Parcel Located
at 1955 North Ten Mile Road, Meridian, Idaho (AZ 10-004)
De Weerd: Thank you. Okay. I'm 9-A is Ordinance 11-1475. I will ask Madam Clerk
to, please, read this by title only.
Jones: Thank you, Madam Mayor. An Ordinance AZ 10-004, Pecchenino, for
annexation of a parcel located in the southeast quarter of the southeast quarter of
Section 3, Township 3 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 R-4, Medium Low Density
Residential District, in the Meridian City Code, providing that copies of this ordinance
shall be filed with the Ada county assessor and 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.
De Weerd: Thank you. You have heard this ordinance read by title only. Is there
anyone who would like to hear it read in its entirety? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve Ordinance No. 11-1475 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-A. If there is no
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.
Item 10: Future Meeting Topics
Meridian City Council
March 1, 2011
Page 18 of 18
~ De Weerd: Item 10 is future meeting topics. I do have a resolution next week to be ut
p
on to put a new commissioner on the Parks and Recreation Commission and we will
add that to next week's agenda. Is there any further business for consideration for
future topics? Okay. Hearing none, Iwould --
Rountree: Move to adjourn.
Bird: Second.
De Weerd: I have a motion to adjourn. All those in favor say a e. All a es. Motion
Y Y
carried.
MOTION CARRIED: ALL AYES.
De Weerd: At 7:47.
MEETING ADJOURNED AT 7:41 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
,,
~~~~
MAYO MMY De WEERD ,,,,~~~~~~~~t~,,,, DATE APPROVED
.~ Q~ ,,
~' air
,~ ~o
..
1 ~ i
~ i
AT T' ~~
A~ EE` . HOLMAN, CITY CLERK
.~ ~
~.
~ ,~~
=, 9 ~T 1ST , ~,~
ti
~~~~a!~rRr1~ ~~~~e~~~~