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2008-05-20 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 20, 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: 3. Community Invocation by Pastor Shawn Ragan with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Proclamation for Recreational Water Safety Week: 6. Consent Agenda: A. April 7, 2008 Approve Minutes of City Council / ACHD Joint Meeting: B. April 22, 2008 Approve Minutes of City Council Regular Meeting: C. April 22, 2008 Approve Minutes of Pre-Council Meeting: D. May 6, 2008 Approve Minutes of City Council Regular Meeting: E. Development Agreement: RZ 07-017 Request for Rezone of 5.29 acres from R-8 zone to C-G zone (1.62 acres) and L-O zone (3.67 Verona Commercial acres) for by Primeland Development Group, Meridian City Council Meeting Agenda – May 20, 2008 Page 1 of 5 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. LLC – Northeast Corner of West McMillan Road and North Ten Mile Road: F. Development Agreement: RZ 07-018 Request for a Rezone of Bridgetower Crossing 12.64 acres from R-4 to an L-O zone for Office by Primeland Development Group, LLC – Southwest Corner of West McMillan Road and North Linder Road: G. Development Agreement: RZ 07-022 Request for a Rezone of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 Bridgetower Crossing acres from R-4 to L-O zones for Commercial by Primeland Development Group, LLC – east of North Ten Mile Road and south of West McMillan Road: H. Development Agreement: AZ 07-018 Request for Annexation Settler’s and Zoning of 9.764 acres from RUT to C-C zone for Square Subdivision by Seagle Three, LLC – 870 West Ustick Road: I. Addendum to Development Agreement: MI 07-013 Request for Miscellaneous application to modify the Recorded Development Verona Commercial Agreement for by Primeland Development Group, LLC – Northeast Corner of West McMillan Road and North Ten Mile Road: J. Addendum to Development Agreement: MI 07-014 Request for a Miscellaneous application to modify the recorded Development Bridgetower Crossing Office Agreement for by Primeland Development Group, LLC – Southwest Corner of West McMillan Road and North Linder Road: K. Findings of Fact and Conclusions of Law for Denial: VAR 08- 003 Request for a Variance to UDC Table 11-2A-5 to allow a structure encroachment into the required rear yard setback in the Silman Setback R-4 zoning district for by Stanley Silman – 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): L. Development Agreement: RZ 07-023 Request for Rezone of 0.62 Blackstone No. 2 acres from R-4 to an R-8 zone for by Landmark Engineering and Planning, Inc. – 4700 West Aspen Creek Street: M. Sanitary Sewer Easement Agreement for Kelly Creek by Jim Durst: Meridian City Council Meeting Agenda – May 20, 2008 Page 2 of 5 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. N. Resolution No. : 2008 Meridian Parks and Recreation Fees: O. Resolution No. : Drug and Alcohol Policy: P. Resolution No. : Introductory Period of Employment: 7. Department Reports: 8. Items Moved from Consent Agenda: 9. Request for a Waiver of Fees of the Temporary Use Permit for Le Bois Soccer Association a Non-Profit Organization Garage Sale at the Pioneer Federal Credit Union Parking Lot by Judy Trimbole: 10. Ordinance No. : RZ 07-017 Request for Rezone of 5.29 acres from R-8 zone to C-G zone (1.62 acres) and L-O zone (3.67 Verona Commercial acres) for by Primeland Development Group, LLC – Northeast Corner of West McMillan Road and North Ten Mile Road: 11. Ordinance No. : RZ 07-018 Request for a Bridgetower Rezone of 12.64 acres from R-4 to an L-O zone for Crossing Office by Primeland Development Group, LLC – Southwest Corner of West McMillan Road and North Linder Road: 12. Ordinance No. : RZ 07-022 Request for a Rezone of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of Bridgetower Crossing 5.88 acres from R-4 to L-O zones for Commercial by Primeland Development Group, LLC – east of North Ten Mile Road and south of West McMillan Road: 13. FP 08-010 Request for Final Plat approval for 12 commercial building lots Verona and 2 other lots on 18.9 acres in C-G and L-O zoning districts for Subdivision No. 4 by Primeland Development, LLC – NEC of Ten Mile Road and McMillan Road 14. Continued Public Hearing from April 22, 2008: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) Regency at River Valley (REVISED) and C-C (1.15 acres) zones for by Mason & Stanfield – 2500 North Eagle Road: 15. Continued Public Hearing from April 22, 2008: CUP 08-004 Request for Conditional Use Permit for a multi-family development in a proposed R- Meridian City Council Meeting Agenda – May 20, 2008 Page 3 of 5 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. Regency at River Valley 40 zoning district for by Mason & Stanfield – 2500 North Eagle Road: 16. Continued Public Hearing from April 22, 2008: VAR 08-002 Request for Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings in covered carports or Regency at River Valley garages for by Mason & Stanfield – 2500 North Eagle Road: 17. Continued Public Hearing from May 6, 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: 18. Continued Public Hearing from May 6, 2008: VAR 08-004 Request for a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Great Wall Restaurant Road for by Kinsan Chan – 2590 North Eagle Road: 19. Public Hearing: SHP 08-003 Request for Short Plat approval to create 4 condominiums in an existing 4-plex unit on 1 residential building lot on Noe Valley Condominiums 0.15 acres in an O-T zone for by James McLean and Karen Swett – 121 East King Street: 20. Amendment to Ordinance No. 04-1067A: AZ 03-034 Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for Razzberry Crossing proposed by Carl and Bonnie Reiterman – south of East McMillan Road and west of North Locust Grove Road: 21. Ordinance No. : AZ 07-018 Request for Settler’s Annexation and Zoning of 9.764 acres from RUT to C-C zone for Square Subdivision by Seagle Three, LLC – 870 West Ustick Road: 22. Ordinance No. : Repealing Amusement License and Escort and Escort Bureau Licenses: 23. Ordinance No. : Reconsideration for Final st Decision Ordinance (1 of 3 Readings): 24. Executive Session per Idaho State Code 67-2345(1)(b) – (to consider the evaluation, dismissal or disciplining of, or to hear complaints or Meridian City Council Meeting Agenda – May 20, 2008 Page 4 of 5 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. charges brought against, a public officer, employee, staff member or individual agent, or public school student): Meridian City Council Meeting Agenda – May 20, 2008 Page 5 of 5 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.