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2008-09-23 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 23, 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 Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. July 7, 2008 Approve Minutes of City Council Special Joint Meeting: B. August 12, 2008 Approve Minutes of City Council Regular Meeting: C. August 19, 2008 Approve Minutes of City Council Regular Meeting: D. August 26, 2008 Approve Minutes of City Council Special Meeting: E. August 26, 2008 Approve Minutes of City Council Regular Meeting: Meridian City Council Meeting Agenda – September 23, 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. F. Findings of Fact and Conclusions of Law for Approval: VAR 08-007 Request for a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway, to allow a right-in only access to the site from SH 55/Eagle Road for Jacksons Food Store #105 by Jacksons Food Stores, Inc. – 3291 East Pine Avenue: G. Findings of Fact and Conclusions of Law for Denial: AP 08- 004 McDonalds Redbox Request for City Council Review for a (DVD kiosk) located in an approved C-N zone by Anna Canning, Meridian Planning Director – 3415 West Cherry Lane: H. Development Agreement: AZ 07-019 Request for Annexation Stake House and Zoning of 15.49 acres from RUT to L-O zone for by the Church of Jesus Christ of Latter Day Saints – 5555 North Locust Grove Road: I. First Amendment to Development Agreement: MDA 08-001 Request for a Development Agreement amendment to include a church and other specified uses designated by the UDC as Paramount permitted or conditional in the L-O zoning district for Subdivision by Paramount Development, Inc. – west of N. Meridian Road and north W. McMillan Road: J. Amendment to Task Order No. 0766 with Parametrix for Sewer Improvements for Franklin – Ten Mile to Linder Project for $41,900.00: rd K. Approve Response to ACHD Regarding East 3 Street: L. Approve Response to Draft Traffic Study Report Recommendations for Split Corridor Phase 2: M. Task Order No. 0778 with DC Engineers for Whitestone Lift Station Upgrades for $9,550.00: N. Irrigation System Connection Agreement with Settler’s Irrigation District for 1100 North Hickory Avenue: O. Change Order No. 1 for Class A Reclaimed Wastewater Disinfection & Distribution Improvements with Star Construction, LLC for $7,572.41: P. Resolution No. : No Smoking Policy: Meridian City Council Meeting Agenda – September 23, 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. Q. Professional Services Agreement with Red Sky Public Relations for a Not to Exceed Amount of $9,500.00: R. Professional Services Agreement with BBC Research and Consulting for a Not to Exceed Amount of $7,500.00: S. Professional Services Agreement with J. Amber Conger for City Hall Public Art Proposal: T. Professional Services Agreement with Francis Fox for City Hall Public Art Proposal: U. Change Order No. 4 with K2 Construction for the Water Division Phase 2 Project for $581.69: V. Art in Public Spaces Purchasing Agreement – Brook Blues by Joyce Green : W. Art in Public Spaces Purchasing Agreement – Meridian Creamery # 5 by Charles Hoffman: 6. Department Reports: A. Planning Department: 1. Transportation Project Request List: B. Mayor’s Office 1. Art in Public Spaces Selection Committee Recommendation on Art for City Hall: C. Legal Department 1. Detox Center Agreement: 2. Ingress-Egress Easement for Generations Plaza Parking Lot Required as a Condition of VAC 00-005 for the Partial Vacation of the Alley Intersecting Main Street between Pine and Idaho Avenue: 7. Items Moved from Consent Agenda: 8. Request for Reconsideration for Overland Village by Relo Development: Meridian City Council Meeting Agenda – September 23, 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. 9. Findings of Fact and Conclusions of Law for Denial: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 Overland zoning districts in Ada County to the C-G zoning district for Village by Relo Development – 3330 East Overland Road: 10. Findings of Fact and Conclusions of Law for Denial: VAC 08-001 Request for a Vacation of the existing right-of-way of S. Rackham Way for Overland Village by Relo Development – 3330 East Overland Road: 11. FP 08-015 Request for Final Plat approval for 19 single-family residential building lots and 7 common lots on 6.78 acres in an R-4 zoning district for Bancroft Estates Subdivision by Providence Development, LLC – 2180 East Amity Road: 12. Continued Public Hearing from August 26, 2008: PP 08-007 Request Una for Preliminary Plat approval of 21 building lots on 12.62 acres for Mas by Una Mas, LLC – 3945 E. Ustick Road: 13. Continued Public Hearing from September 2, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 Waltman Property (aka Browning Plaza) zones to C-G zones for by Waltman, LLC – 505, 521, 615 and 675 Waltman Lane: 14. Continued Public Hearing from September 2, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C-G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. – 505, 521, 615 and 675 West Waltman Lane: 15. Public Hearing: CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Eagle and Victory Mixed Use – Community for by Rose Law Group – Northwest Corner of East Victory Road and South Eagle Road: 16. Public Hearing: AZ 08-010 Request for Annexation and Zoning of 3.75 Eagle and Victory acres from RUT and R1 to C-N zoning district for by Rose Law Group – Northwest Corner of East Victory Road and South Eagle Road: 17. Public Hearing: CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential Meridian City Council Meeting Agenda – September 23, 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. Meridian and Amity to Mixed Use-Regional for by Hawkins Companies – Northwest Corner of West Amity Road and South Meridian Road: 18. Public Hearing: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use-Community Volterra Commercial for approximately 94 acres for by Primeland Investment Group, LLC – west of North Ten Mile Road and north of West McMillan Road: 19. Public Hearing: CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to Biskay High Density Residential for by Greg Johnson – south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: 20. Public Hearing: CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 Kennedy Commercial acres of land from Industrial to Commercial for Center / Western Electronics by DBSI Meridian I84 LLC and Herman- Treasure Valley Business Park I LLC – 1250 W. Overland Road: 21. Public Hearing: RZ 08-003 Request for Rezone of 27.17 acres from I-L Kennedy Commercial Center to C-G zonefor by DBSI Meridian I84 LLC – 1250 W. Overland Road: 22. Public Hearing: CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use – Community Janicek Ten Mile / Chinden Property for by Janicek Properties, LLC – Southwest Corner of North Ten Mile Road and West Chinden Boulevard: 23. Public Hearing: CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use – Community Zamzows Chinden for approximately 10 acres for by JR, LLC – south side of Chinden Boulevard, approximately ¼ mile east of Meridian Road: 24. Public Hearing: CPA 08-006 Comprehensive Request to amend the Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use – Waste Water Treatment Plan to Office Kartchner (2+/- acres) and Low Density Residential (9+/- acres) for by Richard Kartchner – 4325 and 4315 North Ten Mile Road: Meridian City Council Meeting Agenda – September 23, 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. 25. Public: CPA 08-008 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use – Community for Postal Annex approximately 5 acres for by Jack Gish – Southwest Corner of Meridian Road and McMillan Road: 26. Ordinance No. ___________ : Dogs Off Leash Ordinance: 27. Ordinance No. : AZ 08-006 Request for Annexation Alter Property and Zoning of 0.92 of an acre from R1 to an R-2 zone for by Denise Alter – 2741 East Leslie Drive: 28. Ordinance No. : AZ 07-019 Request for Annexation Stake House and Zoning of 15.49 acres from RUT to L-O zone for by the Church of Jesus Christ of Latter Day Saints – 5555 North Locust Grove Road: Meridian City Council Meeting Agenda – September 23, 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.