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2008-05-06 REVISED 5-6-08 At 4:13 PM CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 6, 2008 at 7:00 p.m. “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 the best of the ability of the presenter.” 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Troop #463 with LDS Verona Ward: 3. Community Invocation by Pastor Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. April 8, 2008 Approve Minutes of City Council Regular Meeting: B. April 15, 2008 Approve Minutes of Pre-Council Meeting: C. April 15, 2008 Approve Minutes of City Council Regular Meeting: D. Sanitary Sewer Easement Agreement for Selway Apartments by Daniel G. and Carolyn A. Gibson: E. License Agreement with Nampa & Meridian Irrigation District for a Water System Flush Line in Association with the Water Division Facility Phase 2: Meridian City Council Meeting Agenda – May 6, 2008 Page 1 of 6 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 5-6-08 At 4:13 PM F. Resolution No. : Computer Surplus to Boys and Girls Club: G. Encroachment License Agreement with Nampa & Meridian Irrigation District for the Water Division Facility Phase 2: H. Temporary License Agreement for Meridian City Library Street Scape at 18 East Idaho Avenue between ACHD and City of Meridian Parks and Recreation Department: I. Approve Beer and Wine License Transfer of Owner Application from MD Pizza, LLC to Pier 49 Pizza, at 1551 W. Cherry Lane #102: J. Approve Beer, Wine and Liquor License Renewals: Pier 49 1551 W. Cherry Lane #102 Beer Fuddruckers 3421 N. Eagle Rd. Beer & Wine K. Development Agreement: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low-Density Belhaven Subdivision Residential zone for by Pole Creek Properties, Inc. – 5230 North Black Cat Road: L. Approval of Task Order 0759 with Hydro Logic, Inc. for Ground Water Level Monitoring and Aquifer Testing for a Not to Exceed Amount of $26,500.00: M. Approve Contract Amendment for Western Building Maintenance for Additional Cleaning at Parks Department for an Additional $80.00 Per Month: N. Approve Contract for McLeran Well Drilling for Well No. 14 Reconstruction for a Not to Exceed Amount of $106,790.00: O. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 1 by James Kissler, LLC: 6. Department Reports: A. Mayor’s Office: 1. Appointment of Joe Marshall to the Transportation Task Force: Meridian City Council Meeting Agenda – May 6, 2008 Page 2 of 6 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 5-6-08 At 4:13 PM 2. City Clerk’s Office Question Regarding Bach Home Minutes from January 8, 2008 City Council Meeting: B. Legal / HR Department: 1. Budget Amendment for Recycle Revenue for Bleachers in Storey Park Mo Brooks Field for $25,000: 2. Budget Amendment for Director Vacation Conversion for FY2008 for $26,341: C. Public Works Department: 1. Budget Amendment for Operations Manager: 2. Budget Amendment for Building Maintenance Technician: D. Finance Department: 1. Change Order No. 2 with Idaho Custom Wood Products Not to Exceed Amount of $5,541.86: 2. Change Order No. 1 with Integrated Interiors for a Not to Exceed Amount of $10,700.00: 3. Change Order No. 1 Phase 3 with Custom Glass for a Not to Exceed Amount of $19,784.00: 4. Change Order No. 1 Phase 2 with Custom Glass for a Not to Exceed Amount of $2,137.00: 5. Change Order No. 2 with Commercial Painting Contractors for a Not to Exceed Amount of $22,185.00: 6. Change Order No. 2 with Buss Mechanical for a Not to Exceed Amount of $12, 295.00: 7. Change Order No. 2 with Suncoast dba B&B Steel Erectors for a Not to Exceed Amount of $2,677.38: 8. Change Order No. 3 with Architectural Building Supply for a Not to Exceed Amount of $6,122.00: Meridian City Council Meeting Agenda – May 6, 2008 Page 3 of 6 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 5-6-08 At 4:13 PM 9. Change Order No. 1 with Architectural Building Supply for a Decrease of $897.00: 10. Change Order No. 1 with Simplex Grinnell for a Not to Exceed Amount of $2,917.98: 11. Change Order No. 3 with TMC Masonry for a Not to Exceed Amount of $5,989.71: 12. Change Order No. 2 with Tri-State Electric for a Not to Exceed Amount of $12,059.26: 13. Agreement for Independent Contractor Services for New Meridian City Hall Phase IV with Terra-West for a Not to Exceed Amount of $338,000.00: 14. Agreement for Independent Contractor Services for New Meridian City Hall Phase III Architectural Building Supply for a Not to Exceed Amount of $277,230.00: 7. Items Moved from Consent Agenda: 8. FP 08-007 Request for Final Plat approval for 18 single-family residential building lots and 1 other lot on 1.383 acres in a TN-R zoning district for Gramercy Subdivision No. 3 by Tuscany Development, Inc. – west of Eagle Road and south of Overland Road: 9. VAC 08-003 Request to Vacate a portion of the existing right-of-way platted on Lots 20 and 22, Block 2 and dedicate new right-of-way from a Sundial Subdivision portion of Lot 22, Block 2 for by Gemstar Properties, Inc. – south of Ustick Road and west of Linder Road: 10. FP 08-008 Request for Final Plat approval for 26 single-family building lots Sundial Subdivision and 3 common lots on 7.70 acres in an R-4 zone for No. 1b by Gemstar Properties – west of North Linder Road and south of West Ustick: 11. FP 08-009 Request for Final Plat approval for 2 single-family building lots Sundial Subdivision and 1 common lot on 2.94 acres in an R-4 zone for No. 2 by Gemstar Properties – west of North Linder Road and south of West Ustick Road: 12.Public Hearing: 2008 Parks & Recreation Fees: Meridian City Council Meeting Agenda – May 6, 2008 Page 4 of 6 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 5-6-08 At 4:13 PM 13. Continued Public Hearing from April 15, 2008: TE 08-003 Request for approval of an 18-month Time Extension to obtain the City Engineer’s signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, Umbria Subdivision (aka Silver Oaks) PS 07-003 and TE 07-004 for by Ten Mile Development, LLC – north side of West Franklin Road, approximately ¼ mile west of North Ten Mile Road: 14. Public Hearing: VAR 08-003 Request for a Variance to UDC Table 11- 2A-5 to allow a structure encroachment into the required rear yard setback Silman Setback in the R-4 zoning district for by Stanley Silman – 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): 15. Public Hearing: VAR 08-004 Request for a Variance to UDC 11-3H- 4B.2.a, which prohibits new approaches directly accessing a state Great Wall highway to allow a temporary access to SH 55/Eagle Road for Restaurant by Kinsan Chan – 2590 North Eagle Road: 16. Continued Public Hearing from April 22, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G Waltman Property (aka Browning Plaza) zones for by Waltman, LLC – 505, 521, 615 and 675 Waltman Lane: 17. Continued Public Hearing from April 22, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot Browning Plaza (aka on 38.21 acres in a proposed C-G zoning district for Waltman Property) by SLN Planning, Inc. – 505, 521, 615 and 675 W. Waltman Lane: 18. Amendment to Ordinance No. 08-1346A: AZ 05-052 Request for Sadie Annexation and Zoning of 7.87 acres from R1 to C-G zone for Creek Promenade Subdivision by Landmark Development Group, LLC – 3055 North Eagle Road: 19. Ordinance No. : Amendment to the Flood Damage Prevention Ordinance: 20. Ordinance No. : AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low- Belhaven Subdivision Density Residential zone for by Pole Creek Properties, Inc. – 5230 North Black Cat Road: 21. Ordinance No. : Repeal Precious Metals Ordinance: Meridian City Council Meeting Agenda – May 6, 2008 Page 5 of 6 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 5-6-08 At 4:13 PM 22. Executive Session per Idaho State Code 67-2345(1)(b) – (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or (f) – individual agent, or public school student) &(to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda – May 6, 2008 Page 6 of 6 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.