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2006-06-06 REVISED 06-05-06 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 6, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho “Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter.” 1. Roll-call Attendance: X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Members of MYAC 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. May 9, 2006 Approve Minutes of City Council Regular Meeting: Approve B. May 16, 2006 Approve Minutes of City Council Regular Meeting: Approve C. May 23, 2006 Approve Minutes of City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C-C (3.68 acres) Hightower Subdivision for by Hightower, LLC – southwest corner Approve of Chinden Boulevard and Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-003 Preliminary Plat approval of 106 residential Meridian City Council Meeting Agenda – June 6, 2006 Page 1 of 7 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. REVISED 06-05-06 lots, 4 commercial lots, 2 private street lots and 25 common lots on Hightower 22.94 acres in proposed R-8, R-15 and C-C zones for Subdivision by Hightower, LLC – southwest corner of Chinden Approve Boulevard and Jericho Road: F. Findings of Fact and Conclusions of Law and Order for Approval: CUP 06-004 Request for a Conditional Use Permit for a Mixed Use Planned Development that includes single-family detached, townhouse units, commercial uses, private streets, a neighborhood park and a vehicular access to Chinden Boulevard Hightower Subdivision for by Hightower, LLC – southwest corner Approve of Chinden Boulevard and Jericho Road: G. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-004 Request for a Variance to construct an Hightower access to Chinden Boulevard, a State Highway, for Subdivision by Hightower, LLC – southwest corner of Chinden Approve Boulevard and Jericho Road: H. Findings of Fact and Conclusions of Law and Order for Approval: VAR 06-009 Request for a Variance to allow for a patio 5278 N. Cougar Flat Place structure in the required rear yard for Dana & Rhonda Patterson by – 5278 N. Cougar Flat Place: Approve I. Findings of Fact and Conclusions of Law for Approval: VAR 06-010 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11- TNT Tents TNT Fireworks 3E-4C1 for by – 1601 S. Meridian Road, 1600 Main Street, 1850 E. Fairview Avenue and 4051 E. Approve Fairview Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 06- 014 Request for Annexation and Zoning of 20.16 acres from RUT Cabella (Ada County) to R-4 (Medium Low-Density Residential) for Creek Subdivision by ATM Development, LLC – northeast corner Approve of East Victory Road and South Mesa Way: K. Findings of Fact and Conclusions of Law for Approval: PP 06- 012 Request for Preliminary Plat approval of 47 single family residential lots and 11 common lots on 18.84 acres in a proposed Cabella Creek Subdivision R-4 zone for by ATM Development, LLC – northeast corner of East Victory Road and South Mesa Way: Approve Meridian City Council Meeting Agenda – June 6, 2006 Page 2 of 7 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. REVISED 06-05-06 L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 005 Request for Annexation and Zoning of 58.56 acres from RR to R-4 (32.86 acres), TN-C (14.54 acres) and C-C (11.16 acres) for Knight Sky Estates Subdivision by Sea 2 Sea, LLC – northwest corner of Chinden Boulevard and Linder Road: M. Findings of Fact and Conclusions of Law for Approval: PP 06- 004 Request for Preliminary Plat approval of 126 residential lots (22 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common lots on 55.83 acres in a proposed R-4, TN-C Knight Sky Estates Subdivision and C-C zones for by Sea 2 Sea, LLC – northwest corner of Chinden Boulevard and Linder Road: Approve N. Findings of Fact and Conclusions of Law for Approval: AZ 06- 010 Request for Annexation and Zoning of 11.50 acres from RUT Cardigan Bay Subdivision to a R-4 zone for by Big River, LLC – Approve 5450 and 5500 Larkspur Way: O. Findings of Fact and Conclusions of Law for Approval: PP 06- 008 Request for Preliminary Plat approval of 28 building lots and 3 Cardigan common lots on 11.50 acres in a proposed R-4 zone for Bay Subdivision by Big River, LLC – 5450 and 5500 Larkspur Approve Way: P. Development Agreement: AZ 05-062 Request for Annexation Sharp Estates and Zoning of 5.11 acres from RUT to R-8 for Subdivision by The Gables, LLC – 2445 North Wingate Lane: Approve Q. Consent for Representation Dealing with Conflict of Interest for Impact Fee Committee with Spink, Butler, LLP: Approve R. Water Main Easement Agreement for Meridian High School Tech Building by Meridian School District: Approve S. Agreement for Connection to Sewer / Water Services outside City Limits for LDS Church at 5555 North Locust Grove by Eagle FM Group: Approve T. Contract for Rip Rap Installation on Five Mile Creek at Ten Mile Road by Star Construction: Approve U. Givens Pursley (Frank Lee) Retention and Conflict Waiver Agreement for City Hall Contracts: Approve Meridian City Council Meeting Agenda – June 6, 2006 Page 3 of 7 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. REVISED 06-05-06 V. Agreement for Professional Services with Emily Peeso for Reconnaissance Survey of the City of Meridian with the Meridian Historic Preservation Commission: Approve W. Contract for Timing for Barn Sour Run with Spondoro.com, Inc.: Approve X. Approve Beer and Wine License Applications for Tom Atkins for 43 North at 114 E. Idaho Avenue: Approve 6. Update of the Property Tax Assessment for the City Of Meridian by Robert McQuade, Ada County Assessor: Presented 7. Department Reports: A. Mayor’s Office: 1. Paint The Town Proclamation: Presented 2. Mayor’s Youth Advisory Council report: Presented 3. Impact Fee Committee Appointments: Approve B. Parks Department – Doug Strong 1. Update on Bids for the Meridian Youth Baseball Project: Approve Budget Amendment – Award Bid of $1,969,000.00 to McAlvain C. Public Works Department – Len Grady 1. Water Master Plan Update: Instruct Staff to Prepare Resolution for Adoption 2. Sewer Master Plan Update: Instruct Staff to Prepare Resolution for Adoption D. Planning Department 1. Letter to Board of Commissioners Regarding North Meridian Area of Impact: Send Letter E. Legal Department 1. Update on Architect and Construction Management Contracts for New City Hall Building: Update Meridian City Council Meeting Agenda – June 6, 2006 Page 4 of 7 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. REVISED 06-05-06 8. Items Moved from Consent Agenda: Nothing 9. FP 06-022 Request for Final Plat approval for 22 single-family attached residential building lots, 2 single-family detached residential building lots Windham Place and 3 common lots on 5.87 acres in an R-8 zone for Subdivision by Eagle Springs Investments, LLC – 2640 N. Meridian Approve Road: 10. FP 06-024 Request for Final Plat approval of 25 four-plex lots, 11 garage Sommersby lots, and 5 other lots on 8.02 acres in an R-15 zone for Subdivision No. 2 by Liberty Partners, Inc. – Northeast Corner of West Approve Pine Avenue and North Ten Mile Road: 11. Continued Public Hearing from April 18, 2006: AZ 05-058 Request for Keego Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Springs Subdivision by Todd Campbell – 5910 North Black Cat Road: Prepare Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from April 18, 2006: PP 05-060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 Keego Springs Subdivision acres in a proposed R-8 zone for by Todd Prepare Findings of Fact and Campbell – 5910 North Black Cat Road: Conclusions of Law for Approval 13.Continued Public Hearing from May 23, 2006: AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C-G zone for Williams Pipeline by Northwest Pipeline Corporation – 1301 Locust Prepare Findings of Fact and Conclusions of Law for Grove Road: Approval 14. Continued Public Hearing from May 23, 2006: VAR 06-011 Request for a Variance to allow for larger temporary structures from the maximum 500 square feet allowed per UDC 11-3E-4C1 for fireworks sales, Christmas Fat City Fireworks tree sales, and produce sales for by Richard Handke – 535 N. Eagle Road, 3301 W. Cherry Lane, 20 E. Fairview Avenue, 1375 E. Fairview Avenue, 97 Main Street, and for the lot at the northwest corner Prepare Findings of Fact and of Ten Mile Road and W. Franklin Road: Conclusions of Law for Approval of 750 sf tent 15.Continued Public Hearing from May 2, 2006: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed-Use Community by Conger Management Group – 675 and 715 South Wells Street: Deny – Prepare Order Meridian City Council Meeting Agenda – June 6, 2006 Page 5 of 7 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. REVISED 06-05-06 16. Public Hearing: AZ 06-017 Request for Annexation and Zoning of 11.79 Wells Street Subdivision acres from RUT to R-15 zone for by C2B Prepare Findings of Developments, LLC – 675 and 715 Wells Street: Fact and Conclusions of Law for Denial 17. Public Hearing: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone Wells Street Subdivision for by C2B Developments, LLC – 675 and 715 Prepare Findings of Fact and Conclusions of Law for Wells Street: Denial 18. Public Hearing: CUP 06-012 Request for a Conditional Use Permit for Wells Street 18 multifamily dwelling units in a proposed R-15 zone for Subdivision by C2B Developments, LLC – 675 and 715 Wells Street: Prepare Findings of Fact and Conclusions of Law for Denial 19. Public Hearing: VAC 06-007 Request for a Vacation of a portion of the th ACHD drainage pond to exchange right-of-way for SW 5 Avenue for Waltman Court Subdivision (Track Utility) by Buffalo Hump, LLC – NW th Approve Send Letter corner of SW 5 Avenue and W. Corporate Drive: 20. Public Hearing: AZ 06-004 Request for Annexation and Zoning of 358.57 acres from RR to R-2 (66.02 acres), R-8 (167.02 acres), R-15 The Tree (79.82 acres), C-N (17.26 acres) and C-C (28.45 acres) for Farm by Treehaven, LLC – north side of Chinden Boulevard on both sides Prepare Findings of of Black Cat Road; west of Spurwing Subdivision: Fact and Conclusions of Law for Approval 21. Public Hearing: VAR 05-027 Request for a Variance to UDC 11-3.H Meridian Gateway requirements for access to State Highway 69 for by White-Leasure Development Company – 1601 South Meridian Road: Prepare Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 Gateway Marketplace commercial lots on 22.85 acres in a C-G zone for Subdivision by Landmark Development – southeast corner of Ustick Continue Public Hearing to June 27, 2006 Road and Eagle Road: Meeting 23. Public Hearing: VAR 06-002 Request for a Variance for two access Gateway Marketplace points to Eagle Road SH / 55 forby Landmark Development – southeast corner of Ustick Road and Eagle Road: Continue Public Hearing to June 27, 2006 Meeting 24. Ordinance No. 06-1233 : AZ 05-051 Request for Annexation Ellensburg and Zoning of 12.84 acres from RUT to R-15 zone for Meridian City Council Meeting Agenda – June 6, 2006 Page 6 of 7 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. REVISED 06-05-06 Subdivision by Centennial Development, LLC – northwest corner of Approve North Ten Mile Road and West Pine Avenue: 25. Ordinance No. 06-1234 : AZ 05-062 Request for Annexation Sharp Estates and Zoning of 5.11 acres from RUT to R-8 for SubdivisionApprove by The Gables, LLC – 2445 North Wingate Lane: 26. Ordinance No. 06-1235 : AZ 05-038 Request for Annexation Irvine Subdivision and Zoning of 38.5 acres from RUT to R-8 zone for by Dyver Development, LLC – southeast corner of Ten Mile Road and Approve Chinden Boulevard: 27. Ordinance No. 06-1236 : AZ 06-011 Request for Annexation Basin Creek and Zoning of 29.69 acres from RUT to an R-4 zone for Subdivision by Pacific Landmark Development – 5603 North Locust Approve Grove Road: 28. 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): Adjourned at 1:22 AM Meridian City Council Meeting Agenda – June 6, 2006 Page 7 of 7 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.