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2008-09-09 Amended 9/9/08 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 9, 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 Pastor Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 08-005 Request for Variance to UDC 11-2A-6 which requires building setbacks to be measured from sidewalk or property line; applicant requests to measure street setback from the back of ribbon curb for 12 lots, located on the south side of E. Deerhill Street between Montague ay and Genoard Avenue in Messina Messina Meadows Meadows Subdivision No. 1 for by Tuscany Development, Inc. – south side of Deerhill Street approximately ½ mile west of South Eagle Road and approximately ½ mile south of East Victory Road: B. Findings of Fact and Conclusions of Law for Approval: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05-076) by removing the requirement for a 5-foot detached Meridian City Council Meeting Agenda – September 9, 2008 Page 1 of 4 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. Amended 9/9/08 sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Messina Meadows Avenue for by Tuscany Development, Inc. – ½ mile west of South Eagle Road and ½ mile south of East Victory Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 08- 007 Request for Annexation and Zoning of 4.79 acres from RUT to Shops at Victory C-C zoning district for by LDR-II/DMG, LLC – 3210 S. Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: PP 08- 006 Request for Preliminary Plat for 3 building lots on 3.68 acres in Shops at Victory a proposed C-C zoning district for by LDR- II/DMG, LLC – 3210 S. Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 08-011 Request for Conditional Use Permit approval for a drive-thru pharmacy in a proposed C-C zoning district within 300 feet of an Shops at Victory existing residence per UDC 11-4-3-11 for by LDR-II/DMG, LLC – 3210 S. Eagle Road: F. Findings of Fact and Conclusions of Law for Approval: PFP 08-001 Request for Preliminary / Final Plat approval of 2 single- family residential building lots on 0.33 of an acre in an R-8 zoning Fullmer district for by Jeffrey Fullmer – end of E. Carlton between E. Fifth Street and Cathy Lane: G. Findings of Fact and Conclusions of Law for Approval: AZ 08- 008 Request for Annexation and Zoning of approximately 5 acres Redmont Health Services from RUT to an R-8 zone for by The Land Group, Inc. – 5075 W. Cherry Lane: H. Findings of Fact and Conclusions of Law for Approval: CUP 08-015 Request for Conditional Use Permit for an Assisted Living Facility consisting of 2 residential treatment buildings and 1 Redmont Health administrative building in a proposed R-8 zone for Services by The Land Group, Inc. – 5075 W. Cherry Lane: I. Addendum to Development Agreement: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross-access between the properties st Mittleider located at 125 W. Cherry Lane and 1645 W. 1 Street for by Dr. Dan Thieme – 125 West Cherry Lane: Meridian City Council Meeting Agenda – September 9, 2008 Page 2 of 4 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. Amended 9/9/08 J. Change Order No. 1 for Well 14 Rehabilitation (Construction) with McLeran Well Drilling for $3,775.00: K. Water Easement Agreement for The Cottages by Jeff Fullmer: L. License Agreement between Nampa & Meridian Irrigation th District and City of Meridian for the 8 Street Crossing of the Five Mile Drain: M. Fourth Amendment to Lease Agreement with William A. Hon for 660 East Watertower Lane: N. Deed of Conservation Easement for Five Mile Creek Restoration Project with Arthur Berry & Kobe, LLC: O. Change Order No. 1 for Class A Reclaimed Wastewater Disinfection and Distribution Improvements with Star Construction, LLC for $6,414.49: P. Award of Bid and Authorization to enter into Contract with Paul Construction for Settlers Village Square – Phase 1 for a Not to Exceed Amount of $566,489.: Q. Contract with Star Construction for Well 27 Flush Line for a Cost Not to Exceed $29,409: R. Child Safety Day Property Use Agreement with State Farm Mutual Automobile Insurance Company: S. Addendum No. 6 to Agreement for City Prosecutor / Criminal Legal Services with the City of Boise: T. Approve 2009 Stenographic Service Agreement with MD Willis, Inc. for Stenographic Services: 6. Swear in Brad Hoaglun as City Council Member Seat #2: 7. Department Reports: A. Finance Department: 1. Ada County Landfill Rates / Service Update: B. Legal Department: Meridian City Council Meeting Agenda – September 9, 2008 Page 3 of 4 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. Amended 9/9/08 1. Discussion on FY09 Benefits: 2. Discussion of Dogs Off Leash Ordinance: 3. SWAC Recommendation for Compass Public Charter School for Playground Equipment for $12,000.00: C. Public Works Department: 1. PW Departmental Reorganization: D. Police Department: 1. Mutual Aid / Joint Powers Agreement Regarding Controlled Substances and Illicit Drugs: 8. Items Moved from Consent Agenda: 9. Continued Public Hearing from August 12, 2008: AP 08-003 Request for City Council Review for an Appeal of Director’s Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to Broadway Integrated Project (CZC be used for shared parking for the 08-018) by Ward Schwider – 130 East Broadway Avenue: 10. Continued Public Hearing from September 2, 2008: 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: 11. Public Hearing: AP 08-005 Request for City Council Review for an Appeal of the Planning Director’s denial of Instant Equity Auto’s request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent Instant Equity to Fairview Avenue and a residential zoning district for Auto by The Land Group – 1065 East Fairview Avenue: 12. Public Hearing: Proposed Fee Increases for Solid Waste Collections by Sanitary Services Company: 13. Ordinance No. : Amendments to Director Position and Titles Ordinance: Meridian City Council Meeting Agenda – September 9, 2008 Page 4 of 4 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.