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2008-10-07 Revised 10-7-08 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 7, 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 Bob Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. Proclamation for National Arts and Humanities Month: 6. Consent Agenda: A. July 28, 2008 Approve Minutes of City Council Joint Meeting: B. August 5, 2008 Approve Minutes of City Council Special Meeting: C. September 2, 2008 Approve Minutes of City Council Regular Meeting: D. September 9, 2008 Approve Minutes of City Council Regular Meeting: E. September 16, 2008 Approve Minutes of City Council Workshop Meeting: Meridian City Council Meeting Agenda – October 7, 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 10-7-08 F. September 23, 2008 Approve Minutes of City Council Regular Meeting: G. September 30, 2008 Approve Minutes of City Council and Planning and Zoning Commission Joint Meeting: H. Tabled from September 23, 2008: Findings of Fact and Conclusions of Law for Denial: AP 08-004 Request for City McDonalds Redbox Council Review for a (DVD kiosk) located in an approved C-N zone by Anna Canning, Meridian Planning Director – 3415 West Cherry Lane: I. Approve Transportation Project Request List from Planning Department: J. Ratify Art in Public Spaces Purchasing Agreement – “Old East Meridian” by Dwight Williams: K. Ratify Art in Public Spaces Purchasing Agreement – “A Warm Evening” by Gregg Russell: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 063 Request for Annexation and Zoning of 38.68 acres from RUT Waltman Property (aka and R-1 zones to C-G zones for Browning Plaza) by Waltman, LLC – 505, 521, 615 and 675 Waltman Lane: M. Findings of Fact and Conclusions of Law for Approval: 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 Browning Plaza (aka Waltman Property) district for by SLN Planning, Inc. – 505, 521, 615 and 675 West Waltman Lane: N. Findings of Fact and Conclusions of Law for Approval: RZ 08- 003 Request for Rezone of 27.17 acres from I-L to C-G zonefor Kennedy Commercial Center by DBSI Meridian I84 LLC – 1250 W. Overland Road: O. Resolution No. : Appointment to Valley Regional Transportation Authority: P. Resolution No. : 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 to Mixed Use-Regional for Meridian City Council Meeting Agenda – October 7, 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 10-7-08 Meridian and Amity by Hawkins Companies – Northwest Corner of West Amity Road and South Meridian Road: Q. Resolution No. : 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 Biskay Medium Density Residential to 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: R. Resolution No. : CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Kennedy Commercial Center / Western Commercial for Electronics by DBSI Meridian I84 LLC and Herman-Treasure Valley Business Park I LLC – 1250 W. Overland Road: S. Resolution No. : 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 Janicek Ten Density Residential to Mixed Use – Community for Mile / Chinden Property by Janicek Properties, LLC – Southwest Corner of North Ten Mile Road and West Chinden Boulevard: T. Resolution No. : 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 for approximately 10 acres Zamzows Chinden for by JR, LLC – south side of Chinden Boulevard, approximately ¼ mile east of Meridian Road: U. Resolution No. : CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Mapto change the future land use designation on 11 acres of land from Mixed Use – Waste Water Treatment Plan to Office (2+/- acres) and Low Kartchner Density Residential (9+/- acres) for by Richard Kartchner – 4325 and 4315 North Ten Mile Road: V. Resolution No. : VAC 08-003 Request to Vacate note #6, which prohibits direct lot access to Eagle Road and Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1 Jacksons Food Store #105 for by Jacksons Food Stores, Inc. – 3291 East Pine Avenue: W. Union Pacific Supplemental Agreement: Meridian City Council Meeting Agenda – October 7, 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 10-7-08 X. Addendum to Development Agreement: MI 08-002 Request for a Miscellaneous application to modify the existing Development Education Campus Commercial Agreement for by Joint School District No. 2 – Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Y. Change Order No. 2 with Knife River for Black Cat Trunk Sewer Phase 4 for $16,358.00: Z. Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middle School for a Cost Not to Exceed $71,700: AA. Approve Beer and Wine License Application for MeTime Coffeehouse at 2951 East Overland Road: BB. Agreement for Independent Contractor Services for Test Well No. 28 (Construction) with Treasure Valley Drilling and Pump for $99,485.00 with a spending authority for a 10% contingency amount of $9,950.00: 7. Department Reports: A. Public Works Department: 1. PW Department Reorganization B. Legal Department: 1. Tabled from September 23, 2008: Detox Center Agreement: 8. Items Moved from Consent Agenda: 9. FP 08-016 Request for Final Plat approval for 5 building lots and 1 Emerson Park Subdivision common lot on 4.80 acres in a C-G zone for by Kuna Victory, LLC – 130 East Victory Road (Lot 4, Block 1 of Mussell Corner): 10. Continued Public Hearing from September 9, 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 Broadway Integrated Project site to be used for shared parking for the (CZC 08-018) by Ward Schwider – 130 East Broadway Avenue: Meridian City Council Meeting Agenda – October 7, 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 10-7-08 11. Continued Public Hearing from September 9, 2008: 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 to Fairview Avenue and a Instant Equity Auto residential zoning district for by The Land Group – 1065 East Fairview Avenue: 12. Public Hearing: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 Oakcreek (56.82 acres) for by Norpac, LLC – east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 13. Public Hearing: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in Oakcreek the proposed R-8 zoning district for by Norpac, LLC – east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 14. Public Hearing: AZ 08-011 Request for Annexation and Zoning of 2.953 Sgroi acres from the R1 to the R-8 zoning district for by Nunzio Sgroi – 4405 East Ustick Road: 15. Public Hearing: AP 08-006 Request for City Council Review of the Planning and Zoning Commission’s decision to restrict the hours of operation for the Maverik convenience store and fuel sales facility to the hours between 6 a.m. and 11 p.m. / 7 days a week to allow it to operate Maverik – Locust Grove/McMillan 24 hours a day / 7 days a week for by Landmark Engineering & Planning, Inc. – Northeast Corner of North Locust Grove Road and East McMillan Road: 16. Public Hearing: TE 08-018 Request for approval of an 18 month Time Extension to obtain the City Engineer’s signature on the Final Plat for Chesterfield Subdivision No. 2 by Centennial Development, LLC – south side of West Pine Avenue between North Black Cat Road and North Ten Mile Road: Meridian City Council Meeting Agenda – October 7, 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 10-7-08 17. Public Hearing: TE 08-017 Request for approval of an 18 month Time Irvine Subdivision Extension to record the Final Plat for by Dyver Development, LLC – Southeast Corner of North Ten Mile Road and West Chinden Boulevard: 18. Public Hearing: TE 08-016 Request for approval of an 18 month Time Ambercreek Subdivision No. 2 Extension to record the Final Plat for by Dyver Development, LLC – North Meridian Road and West McMillan Road: 19. Executive Session per Idaho State Code 67-2345(1)(a) – (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective (b) – office)(to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, (c) – staff member or individual agent, or public school student), (to conduct deliberations concerning labor negotiations or to acquire an (d) – interest in real property, which is not owned by a public agency), (to consider records that are exempt from disclosure as provided in chapter 3, (f) – title 9, Idaho Code), & (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda – October 7, 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.