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HomeMy WebLinkAbout2011-03-15E IDIAl`~T~ IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 15, 2011 at 7:00 PM 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 Ralph Lowe of MGT Legacy Church (Pg. 1-2) 4. Adoption of the Agenda (Pg. 2) 5. Consent Agenda (Pg. 2-4) A. Development Agreement for Approval: AZ 10-005 Ada County Highway District (ACRD) Ten Mile Annexation by City of Meridian Public Works Department Located Southwest Corner of W. Ustick Road and N. Ten Mile Road Request: Annexation and Zoning of 1.50 Acres of Land From R1 (Ada County) to R-4 (Medium Low-Density Residential) Zoning District B. Development Agreement for Approval: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project C. Development Agreement for Approval: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 3299 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District Meridian City Council Meeting Agenda -Tuesday, March 15, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Task Order #10157 For SCADA Master Plan With Brown And Caldwell For A Not-To-Exceed Amount Of $296,134.00 Pursuant To The Master Agreement Approved By City Council April 13, 2010 6. 7. E. First Addendum to Agreement for Connection to Domestic Water and Sewer Service and Installation of Fence Upon Annexation for the Property Located at 1955 Ten Mile Road F. Resolution No. Adopting the Meridian Parks and Recreation Commission's Recommended 2011 Pathway Development Priorities G. Beer and Wine Owner Transfer from Ming Xing to XI Xing dba Sakana Sushi & Steak House; Located at 1716 S. Eagle Rd. H. 2011-2012 Beer, Wine and Liquor License Renewals Big Smoke 234 W. Franklin Rd. B/W Carino's Italian 2551 E. Fairview Ave. B/VV/L Jacksons #1 412 E. Fairview B/V11 Jacksons #11 1585 S. Meridian Rd. B/VV Jacksons #35 522 Cherry Lane B/W Jacksons #56 66 E. State St. B/W Jacksons #97 3100 E. Magic View Dr. B/W Jacksons #98 1950 E. Fairview Ave. B/W Jacksons #99 180 E. Central Dr. B/W Jacksons #105 3291 E. Pine St. B/W Jacksons #118 1625 W. Franklin B/W Sakana Sushi & Steak House 1817 S. Eagle Rd. B/W Items Moved From Consent Agenda (Pg. 4) Action Items A. Public Hearing on the Meridian Police Department Fee Schedule -Moved to April 5, 2011 to Allow Time to Complete Proper Public Notice (Pg. 4-5) 8. Department Reports A. Mayor's Office: Request for Proposal (RFP) Discussion Regarding Old City Hall (Pg. 5-6) Meridian City Council Meeting Agenda -Tuesday, March 15, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Public Works: Budget Amendment for Surface Water Protection Plan (SWPP) Carryforward for a Not-to-Exceed Amount of $35,217.00 (Pg. 6) C. Police Department: Budget Amendment for Substance Abuse and Mental Health Services Administration (SAMHSA) Service to Science Grant Award for a Not-to-Exceed Amount of $29,777.00 (Pg.6-7) D. New Beer/V11ine/Liquor License Approval for L&L-Idaho LLC dba Ling & Louie's Asian Bar & Grill located at 3210 E Louise Dr. (Pg. 7-9) 9. Ordinances A. Ordinance No. An Ordinance (AZ 10-005 ACHD -Ten Mile) for Annexation of a Parcel of Land Located at the Southwest Corner of W. Ustick Road and N. Ten Mile Road; Establishing and Determining the Land Use Zoning Classification of Said Lands From R1 in Ada County to R-4 (Medium-Low Density Residential) in The Meridian City Code; and Providing an Effective Date (Pg. 9-10) B. Ordinance No. An Ordinance (AZ 10-002 Barletta Subdivision) for Annexation of a Parcel of Land Located in the Northeast'/4 of the Northeast'/4 of Section 22, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of Said Lands From R1 in Ada County to R-2 (Low Density Residential). in The Meridian City Code; Providing an Effective Date (Pg. 9-10) 10. Future Meeting Topics (Pg. 10-14) Meridian City Council Meeting Agenda -Tuesday, March 15, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ Meridian City Council Meeting March 15, 2011 A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, March 15, 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, Jaycee Holman, Anna Canning, Warren Stewart, Tracy Basterrechea, Kenny Bowers, Steve Siddoway, Todd Lavoie, Keith Watts, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X _Brad Hoaglun X Charlie Rountree X Keith Bird De Weerd: Okay. I will go ahead and call the regular meeting of the City Council to order. For the record, it is Tuesday, March 15th. It's ten after 7:00. We will start with roll call attendance. Madam Clerk. ,,~,, Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Ralph Lowe of MGT Legacy Church De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Ralph Lowe and he is with the MGT -- I almost -- Legacy Church. Thank you for being here. Lowe: We are still trying to get it right ourselves. Let's pray. Dear Heavenly Father, thank you for the community that would beg to hear your voice and to ask your blessing upon their proceedings and their governing. Father, we thank you for them. We ask tonight that they would have wisdom as always and continued wisdom to govern this great community, Father, and to lead and guide us. Father, we know that if you protect us we are protected. If you don't protect us, Father, there. is nothing we can seem to do. So, Father, we thank you for the way you have looked after our community and blessed us so greatly. Father, tonight I ask a special request that as the Mayor and this City Council and those who serve them, Father, give themselves in servant-hood to us as a ,,~,, people, that, Father, you would give their families a special blessing tonight and all these nights that they are away from home, that, God, you would look over their homes Meridian City Council March 15, 2011 Page 2 of 14 ~~ and after them and you just bless their spouses and their children, and their family, Father, in their absence as they serve us so beautifully. Thank you for them, Father, in your precious name we pray, Jesus, amen and amen. Item 4: Adoption of the Agenda De Weerd: Thank you, Pastor Lowe. Item 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: A couple items to note on tonight's agenda. Under the Consent Agenda, item 5-D, this item title should read: Award of RFP number PW-11-10157, SCADA master plan to Brown and Caldwell for a not to exceed amount of 296 thousand fourteen -- Holman: Let me look that up real quick. What is it? Lavoie: One thirty-four. Holman: One thirty-four. ,,rte Hoaglun: One thirty-four. 296,134 dollars. In the form of task order 10157 pursuant to the master agreement approved by City Council April 13th, 2010. And, then, under also the Consent Agenda, 5-F, that resolution number is 11-776. Item 7, Action Items, 7-A, the public hearing on the Meridian Police Department fee schedule, they would like to move that to April 5th, 2011, to allow time to complete proper public notice. Under Item 9, Ordinances, 9-A is Ordinance No. 11-1476. 9-B is Ordinance No. 11-1477 So, with those, Madam Mayor, I move adoption of the agenda as amended. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. Development Agreement for Approval: AZ 10-005 Ada County Highway District (ACRD) Ten Mile Annexation by City of Meridian Public Works Department Located Southwest Corner of W. Ustick Road and N. Ten Mile Road Request: Annexation and Zoning of 1.50 Acres of Land From R1 (Ada County) to R-4 ,,,,..~, (Medium Low-Density Residential) Zoning District Meridian City Council March 15, 2011 Page 3 of 14 B. Development Agreement for Approval: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project C. Development Agreement for Approval: AZ 10-002 for Barletta Subdivision by Russell & Karen Hunemiler Located at 32.99 W. Davis Lane Request: Annexation and Zoning Approval of 5.94 Acres with an R-2 Zoning District D. Task Order #10157 For SCADA Master Plan With Brown And Caldwell For ANot-To-Exceed Amount Of $296,134.00 Pursuant To The Master Agreement Approved By City Council April 13, 2010 E. First Addendum to Agreement for Connection to Domestic Water and Sewer Service and Installation of Fence Upon Annexation for the Property Located at 1955 Ten Mile Road F. Resolution No. :Adopting the Meridian Parks and Recreation Commission's Recommended 2011 Pathway Development Priorities G. Beer and Wine Owner Transfer from Ming Xing to XI Xing dba Sakana Sushi & Steak House; Located at 1716 S. Eagle Rd. H. 2011-2012 Beer, Wine and Liquor License Renewals Big Smoke Carino's Italian Jacksons #1 Jacksons #11 Jacksons #35 Jacksons #56 Jacksons #97 Jacksons #98 Jacksons #99 Jacksons #105 Jacksons #118 Sakana Sushi & Steak House Hoaglun: Madam Mayor? 234 W. FranklinRd. BIW 2551 E. Fairview Ave. BIWIL 412 E. Fairview BMI 1585 S. Meridian Rd. BIW 522 Cherry Lane BIW 66 E. State St. BIVII 3100 E. Magic View Dr. BIW 1950 E. Fairview Ave. BIW 180 E. Central Dr~ BNV 3291 E. Pine St. B1W 1625 W. Franklin BIW 1817 S. Eagle Rd. BMI DeWeerd: Mr. Hoaglun. Meridian City Council March 15, 2011 Page 4 of 14 ,~ Hoa lun: On the Consent Agenda, as noted, under Item 5-D, that item title should read 9 award of RFP No. PW-11-10157, SCADA master plan to Brown and Caldwell for a not o exceed amount of 296134 dollars in the form of task order 10157 pursuant to the t , master agreement approved by City Council April 13th, 2010. And Item 5-F is resolution number 11-776. So, with those, Madam Mayor, I move approval of the Consent Agenda and authorize the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. 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 6: Items moved from the Consent Agenda. De Weerd: There were no items moved from the Consent Agenda. Item l: Action Items. A. Public Hearing on the Meridian Police Department Fee Schedule -Moved to April 5, 2011 to Allow Time to Complete Proper Public Notice De Weerd: So, we will move to Item 7-A, which has also been asked or requested to move to April 5th to allow time to complete proper public notice. Holman: Madam Mayor? De Weerd: Yes. Holman: This public hearing was never opened. What happened is there was an error in the noticing. It printed once, but not the second time. So, we had to start over again. So, this is just really vacating an item to an agenda inthe-future. De Weerd: Okay. Do I need a specific motion to vacate an item? Nary: Yes. ,,..~, Bird: Madam Mayor? Meridian City Council March 15, 2011 Page 5 of 14 ~. DeWeerd: Mr. Bird. Bird: I move we vacate the public hearing for the Meridian Police Department fee schedule. Rountree: Second. De Weerd: I have a motion and a second. Do I need roll call? Nary: Voice vote. DeWeerd: All those in favor of the motion please say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Mayor's office: Request for Proposal (RFP Discussion Regarding Old City Hall De Weerd: Okay. Under Department Reports, Item 8-A, we will hear from Robert, who is standing in for Brenda, who is sick this evening. ~ . Simison: Thank you, Madam Mayor, Members of the Council. What we have tonight for our consideration is a proposed RFP for use of the old City Hall building. After y. extensive discussions with some of our educational partners here in the community trying to find a valued use for that building to the community, we have been unsuccessful in those attempts. So, in working with Brenda she's been looking at different ways to try to put that building into. the best use and in discussions with legal and financin it was felt that the best way to try to do that would be through the RFP g process. So, what you have in front of you is RFP for discussion to really look if this is the best way to look at a use for this building and if the criteria for selection would be a criteria that would be appropriate for use of that building. I'll keep this brief, because as I mentioned, I wasn't planning on speaking tonight, it was Brenda, but I'm here to answer any questions. I have been involved at least in some of the discussions and know Keith Watts is here as well. He can provide any feedback. Just a couple of points I would point out, in addition to the basis of selection, it does have in here up to 16 parking spaces for that. That doesn't change any of the occupancies for this building. This building we receive our occupancy based upon that building being in place as well. It would require some -- some work on our end to adjust some of the parking, but we feel confident we can make that occur. Just wanted to point those two things out to you and, then, open up for discussion and any questions. De Weerd: Council, any questions? Okay. There are none. We will move forward on the RFP. Meridian City Council March 15, 2011 Page 6 of 14 ~. Simison: Thank you. B. Public Works: Budget Amendmentfor Surface Water Protection Plan ~SWPP) Carryforward for aNot-to-Exceed Amount of $35,217.00 e Weerd: Oka .Thank ou. Okay. Item 8-B is our Public Works Department for a D y Y bud et amendment. And Todd with our Public Works Department will be presenting 9 this. Lavoie: Yes Madam Ma or, Members of the Council, tonight I'm going to present to Y ou a bud et amendment for 35,217 dollars. This is for the surface water program. Y g Unfortunate) Burin m bud et rocess I forgot to carry this forward from 2010 through Y g Y g p 2011. So this re uest is to ask for spending authority to finish the projects that we had q in 2010, so that they can finish it in 2011. So, I stand for any questions. De Weerd: Thank ou, Todd. Council, any questions? I think he already had his Y . conse uences having to stay for Council. Do I have a motion? q Hoa lun: So moved, Madam Mayor, that we make a budget amendment for surface g water rotection Ian carry forward for a not to exceed amount of 35,217 dollars. p p ~. Bird: Second. De Weerd: I have a motion and a second to approve the budget amendment in front of ou. If there is no discussion from Council Members, Madam Clerk. Y Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Police Department: Budget Amendment for Substance Abuse and Mental Health Services Administration (SAMHSA) Service to Science Grant Award for aNot-to-Exceed Amount of $29,777.00 De Weerd: Thank ou, Todd. Item 8-C is our Police Department, a budget amendment Y as well. These budget amendments are always nice. Found money. Basterrechea: Madam Mayor, Members of the Council, the budget amendment we brin to ou toda is, basically, we are looking for spending authority on a grant that we g Y Y received. The Cit of Meridian and the Mayor's Anti-drug Coalition was recently Y awarded aservice-to-science contract in the amount of 27 dollars -- 29,777 dollars from the Federal Substance Abuse and Mental Health Services Administration Center for Meridian City Council March 15, 2011 Page 7 of 14 .~ substance abuse and revention. It's known a SAMHSA. This contract will fund a p scientificall ri orous evaluation of the award winning recognized program that the Y g .. MADC has im lemented in partnership with Meridian Police Athletic League or PAL for p the ast two ears. It is a longitudinal study that shows a correlation between this p Y ro ram and the reduction of substance abuse and we would seek to publish our pg findin s and re uest the program be listed as an evidenced based program on the g q .. national re ist of effective programs and policies. This listing would allow MADC to g ry .. actual) sell and market the recognized program to other communities, thereby insuring Y . the Ion -term sustainabilit of the coalition and substance abuse prevention in the City g Y of Meridian and I stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: No. De Weerd: Fantastic. Rountree: Good job. Hoaglun: Yeah. ~. De Weerd: That was very exciting news. Council, I would need a motion on this item. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoa lun: I move approval of the budget amendment for a Substance Abuse and Mental g .. . Health Services Administration service-to-science grant award for a not to exceed amount of 29,777 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve this budget amendment for the Police Department. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTI(JN CARRIED: ALL AYES. D. New BeerNVinelLiquor License Approval for L&L-Idaho LLC dba Ling & Louie's Asian Bar & Grill located at 3210 E Louise Meridian City Council March 15, 2011 Page 8 of 14 ,~. Dr. De Weerd: Our next item, Item 8-D, is a new beer, wine, liquor license approval. Holman: Madam Mayor, that's mine. De Weerd: Thank you. Holman: Madam Mayor, Members of the Council, the reason this item was on the re ular a ends is because until this afternoon they did not have their certificate of 9 9 occu anc , so they were looking for a conditional approval, but they will be picking up p Y their certificate of occupancy tomorrow, because everything was signed off according to Mr. Stewart. So, what we are looking for is just approval of this one at this point. De Weerd: Thank you, Madam Clerk. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the new beer, wine, liquor license for L&L-Idaho, LLC, doing business as Ling & Louie's Asian Bar and Grill, located at 3210 East Louise Drive, ,,~. Meridian, Idaho. Zaremba: Second. De Weerd: I have a motion and a second to approve this item. Madam Clerk, will you, please, call roll. MOTION CARRIED: ALL AYES. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Just a reminder to our Councilmen, they will be having an opening ceremony on April 2nd. Is that a Saturday? You should have gotten an invitation in the mail, so make sure you respond, please. Yes, Mr. Zaremba. Zaremba: Madam Mayor, while we are on the subject of liquor licenses, we have a ;~. request from -- I lost the name of it. Divine Wine Bar, similar to a request we discussed Meridian City Council March 15, 2411 Page 9 of 14 s this need to show u on the agenda or can we discuss it ~., a couple of weeks ago. Doe p tonight? Councilman Zaremba, we were going to bring that up under Holman. Madam Mayor, the future items topic. Zaremba: Okay. Thank you. Item 9: Ordinances A. Ordinance No. : An Ordinance AZ 10-005 ACRD -Ten Mile) for Annexation of a Parcel of Land Located at the Southwest Corner of W. Ustick Road and N. Ten Mile Road; Establishing and Determining the Land Use Zonin Classification of Said Lands From R1 in Ada County to g .. R-4 Medium-Low Density Residential) in The Meridian City Code; and Providing an Effective Date 6. Ordinance No. _, : An ordinance AZ 10-002 Barletta Subdivision) for Annexation of a Parcel of Land Located in the Northeast'/4 of the Northeast'/4 of Section 22 Townshi 3 North, Range 1 West, Boise Meridian, Ada p .. County, Idaho; Establishing and Determining the Land Use ~. Zoning Classification of Said Lands From R1 in Ada County to R-2 Low Density Residential) in The Meridian City Code; Providing an Effective Date De Weerd: Oka . Item 9-A and B are proposed ordinances 11-1476 and 11-1477. Y Madam Clerk, will you, please, read these two ordinances by title only. Holman: Thank ou, Madam Mayor. City of Meridian Ordinance No. 11-1476, an Y . ordinance AZ 10-002, Barletta Subdivision, for annexation of a parcel of land located in the northeast one uarter of the northeast one quarter of Section 22, Township 3 North, q . Ran e 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and g annexin certain lands and territory situated in Ada County, Idaho, and adjacent and g .. Conti uous to the car orate limits of the City of Meridian, as requested by the City of g p .. . Meridian establishin and determining the land use zoning classification of said lands g .. from R-1 in Ada Count to R-2, Low Density Residential, in the Mer~d~an City Code, y. rovidin that co ies of this ordinance shall be filed with the Ada County assessor, the p 9 p Ada Count recorder, and the Idaho State Tax Commission, as required by law, and y .. . rovidin for a summary of the ordinance and providing for a waiver of the reading rules p g and providing an effective date. Holman: Cit of Meridian Ordinance No. 11-1477, an ordinance AZ 10-005, ACRD Ten Y ~... Mile for annexation of a parcel of land located in the northeast one quarter of the northeast one uarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, q Meridian City Council March 15, 2011 Page 10 of 14 scribed in Attachment A and annexing certain lands and ,~.. Ada County, Idaho, as de ' da Count Idaho, and adjacent and contiguous to the corporate territory situated in A y, idian as re uested b the City of Meridian, establishing and I~m~ts of the City of Mer , q ' ' use zonin classification of said lands from R-1 in Ada County to determining the land g _ nsit Residential, in the Meridian City Code, providing that copies R 4, Medium Low De y ' hall be filed with the Ada County assessor, the Ada County recorder, of this ordinance s e Idaho State Tax Commission, as required by law, and providing for a summary and th . . i ance and rovidin for a waiver of the reading rules and providing an of the ord n p g effective date. Thank ou. You have heard these two ordinances read by title only. Is De Weerd. y one who would like to hear them read in their entirety? Okay. Council, do I there any have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Items 9-A and 9-B with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve these two ordinances. 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 De Weerd: We are at Item 10 under future meeting topics and as Councilman Zaremba has ointed out, we do have a letter from the owner of Divine that has asked for the p same consideration that we acted on of a similar establishment last week. Council, if there is no concerns there, we will put that on the agenda for next week. Zaremba: Madam Mayor, I kind of jumped the gun, but I agree with that. Rountree: Madam Mayor, I think Anna might have some light to shed on this. Canning: I can. And after the last meeting Council Member Rountree asked me to reconsider the idea of a hybrid and kind of think of what that might be and bring that forward. Regardless, what we told these folks was they had to get in the process for the Conditional Use Permit, so that I can sign their liquor license before April. So, either Meridian City Council March 15, 2011 Page 11 of 14 .~` the will need to et the a lication filed. But one of the options we wanted to way y g pp ain erha s consider would be the hybrid, which would be a principally permitted use ag p p ~ ~ ~ f r r beer and wine tastin s -- or sales and tastings, so it would be really targeted o fo g finesses 'ust like Divine Wine and New Vintage where they have a retail sales bus ~ . ' where the have a servin license. We talked to them to find out if we could license, Y . fi ure out a limited hours of o eration, something like 9:00 to 9.00, you know, not late at g p . ' ertainl not until 2:00 in the morning. And we didn t come up with a whole lot of n fig ht. C y tractions other than the hours was the big one that we could think of and, then, just res , ' ' in the kind of licenses the had. But the advantage would be that you wouldn't be limit g Y a rovin a bar in the middle of Crossroads Shopping Center, as would be the case pp g st here or -- or the other one. And the one in the middle of Crossroads seems the odde me I uess I would sa . So -- because those conditional use permits run with the to g Y .. ro ert so somebod else might want to make it more of a bar than it is there now. p p Y~ Y But if we et these businesses in the loop we can discussion that further. It would be a g little benefit to them in that the won't have to notice for the public hearing, I will dust Y .. hold onto their a lication and since they have paid no fees it will dust be in limbo for a pp little while but I will o ahead and sign their liquor license, which is really -- or not their g li uor but their beer and wine license, which is of greatest importance to them. So, dust q a consideration. If ou want to provide input on -- on the idea of a hybrid I would love to Y . hear it now. If it's not an o tion, please, let me know now and -- but, otherwise, I will p bring it forward. ,,~ Zaremba: Madam Mayor? De Weerd: Yes Mr. Zaremba. Hold on. Mr. Nary, can we have this discussion, since it was not added? We are just talking about future agenda items. Na Madam Ma or, Members of the Council, yeah, you're talking about a future ry Y a enda and I think ou're really trying to give really dust some direction to Mrs. Canning g Y on kind of somethin -- an item she's going to bring back to you, so, really, I don't see g that as a problem. De Weerd: Okay. Mr. Zaremba. Zaremba: Thank ou, Madam Mayor. I think it's a good idea. I think that's great. I Y . would add to it -- I remember some discussion at some point that a facial spa wanted to be able to serve wine to their customers. I probably would lump that in with this. My uestion is are the still subject -- would this category -- new category still be subject to q Y distance from schools and churches? Canning: Well, Mr. Nary is nodding his head. Nary: Yes. Cannin : M understanding it was bars that were -- is it any serving establishment? 9 Y Meridian City Council March 15, 2011 Page 12 of 14 An lace that serves beer, wine, or liquor is subject to that requirement. ,~,,, Nary. yp Canning: But not restaurants? Nary: Not restaurants. Zaremba: Those are the directions I would go. ' ~ ,With re and to servin ,the -- or the spas, this new category probably Canning. Okay g 9 . ' it needs because one thin ou have to do for the license is rope off wouldn t meet the 9 Y h re alcohol is bein served and most of those salons have kids running anyplace w e g . So the wouldn't be able to -- you know, at some point there is some kid through them y r nnin back and forth. So, it robably wouldn't work for them. But thats just the way -- u 9 p that has nothin to do with our code, that has to do with the permit from the state. g Zaremba: Nothing's ever simple. Canning: No. Nary: Not when there is lawyers -- Bird: Madam Mayor? ~ . De Weerd: Keeps you employed. Yes, Mr. Bird. Bird: Clarification. I think this is probably Bill. If they don't sell it just like -- and I know this is done in -- in women's hair dressing salons. If they just bring you a class of wine or a class beer -- it's usually wine. Is that legal, even if you -- do you have to have a license for that, Bill? Na :Madam Ma or, Members of the Council, Council Member Bird, if they are serving rY Y . --and it doesn't matter whether or not they are giving it away or selling it, the only thing that could uali -- but, then, again, they still need a license, because you can do wine q fY tastin ,but ou still have to have a license to even sell alcohol on the premise to have a g Y .. wine tastin .You could get a liquor catering permit is your only other option, where you g ~~ don't have a license for that premise, but you have somebody elses license. So, the sellin doesn't make any difference, it's providing it to -- so, technically, if you have a g barbersho and ou have a refrigerator full of beer and your customers can come in and p Y get a beer, you're suppose to have a license for that. Bird: That's what I thought. Na So, it doesn't matter how you're serving it. The other thing that's problematic I rY . think for some of these businesses, whether it's a salon or barbershop or whatever, is the also have to qualify under our ordinance for serving, so they have to have a ,~ Y server's certificate. Meridian City Council March 15, 2011 Page 13 of 14 .-~"'~~. Bird: That's right. Nary: So, now your barber also, then, has to go online and go get a server's certification. Most places aren't going to do that and most places don't want their hair salon or their nail salon people to have to go do that, too. Bird: Thank you for answering it. Nary: So, it's probably not very practical for some of them. Bird: No, it isn't, but I think it's --the sad part is I think it's done -- being done. It's --and I think it's a lot of ignorance on the owner's part. They-don't know. Nary: It's not Mayberry anymore. De Weerd: Okay. Other topics, Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. .,,~A Hoaglun: It's been brought to my attention -- and maybe other Council Members, I'm not sure, but, you know, the cities of Boise, Nampa, Caldwell all have taxi cab ordinances and Meridian does not and it's been brought to my attention there is someone who is operating a cab out of Meridian that does not have ordinances and they are not complying with any of the other city's laws and there is some concern about that and that's a topic I think we need to have a discussion about in the future. It doesn't have to be next week, it's -- I think legal counsel will probably need to look at some of the other city ordinances and what should we do and how we do it and have that discussion of is it time for Meridian to -- to look in that direction. So, future topic for when staff can put things together we can -- we can have a good discussion about that, so -- Nary: Madam Mayor, Members of the Council, what I thought might make some sense is that between the police and the clerk's office and my office we could probably meet and plan on putting that on one of your future workshop discussions -- Bird: Great. Nary: -- whether that be April or May or one of those two probably would be the target. We probably would look at April first, because that's three weeks out, four weeks out. But we could meet and at least give you some preliminary discussion by that -- by that week. Meridian City Council March 15, 2011 Page 14 of 14 :~~. De Weerd: And I think just in that regard there was an article that came out in the Idaho Statesman about this and kind of reiterates the importance. of kind of a regional ordinance that we have similar standards that the cab driver is the first face of your valley and it becomes very important and so appreciate that staff would look into those things and -- and people are pretty trusting. When they get into a car with a cab driver they do assume that all of those I's are dotted and T's are crossed and that they are getting into a safe environment. Bird: Amen. De Weerd: Do you have anything you'd like to add, Tracy? Basterrechea: The only thing I would say is we definitely do need to look at an ordinance. I know that a lot of the problems that Boise city deals with out at the airport are cab problems, the majority of the issues they are dealing with, whether it's licensing, following the rules, and I know that Kuna has had a huge issue with a cab company running out of a neighborhood, out of a residence, basically, and parking 15, 20 cabs within that neighborhood in the evenings and that's what the neighbors have to look forward to every day. So, I think that's a huge issue that we probably need to get ahead of. Definitely. De Weerd: Okay. Council, any other topics? Okay. I appreciate it. Do I have a motion ~ to adjourn? It's 1:35. Rountree: So moved. Bird: Second. De Weerd: I have a motion and a second. All those in favor. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO MY De WEER~~,~~~~,<<1~... . ~,; ~~ C~ ~' E~:L! i '~ A ~ ~ ~ ~ r r. •- ~~ _ r~ I ~ ~y ~ ti ~ ;~ -y- SST 1,~ , ~ `~: 0 ,9 Q' ~ ,~,,J~ c ~ ,© `~,~, ~~~i~~~>>~~s~,1~R DATE APPROVED LMAN, CITY CLERK