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2008-02-19E IDIAN Ho CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, February 19, 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 Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: 5. Proclamation for FFA Week: 6. Consent Agenda: A. Approve Minutes of January 15, 2008 City Council Special Meeting: B. Approve Minutes of January 15, 2008 City Council / MDC Special Joint Workshop Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 07- 015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O -T zone for 6t" and Broadway Property by Linda Loehr — 532 East Broadway Avenue: Meridian City Council Meeting Agenda — February 19, 2008Page 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. D. Findings of Fact and Conclusions of Law for Denial: VAR 07- 019 Request for a Variance to UDC Table 11-2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet for Redden by Mike Redden — 1418 North Vineyards Avenue: E. Development Agreement: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07- 010 Request for a Rezone of 75.67 acres from I -L and L -O zones to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: F. Addendum to Development Agreement: MI 07-015 Request for a Miscellaneous application to modify the existing Development Agreement listing the permitted and prohibited home occupational uses within the Brownstones (Live / Work Units) and ensure the Brownstones and future condominiums are constructed as shown with the submitted elevations for Gramercy Townhomes by Tuscany Development, Inc — south of East Overland Road and approximately 1/4 mile west of South Eagle Road: G. Development Agreement: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C -C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean — 6380 North Locust Grove Road: H. Development Agreement: AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C -C zone for Woodland Springs by Morgan Development — Northeast Corner of McMillan Road and Locust Grove Road: I. Third Addendum to Development Agreement: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Corner of Franklin Road and Touchmark Way: J. Change Order Number 13, of Contract with Owyhee Construction, Inc. for Additional Water and Sewer Services, Additional Type "P" Permanent Asphalt Repair, and Additional Meridian City Council Meeting Agenda — February 19, 2008Page 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. Crew Time for the Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project for $23,130.91: K. Cooperative Construction and Reimbursement Agreement by and Between the City of Meridian and Treehaven, LLC for Black Cat Sewer Extension and Jayker Subdivision for $233,255.00: L. Approval of Bid and Award of Contract with Superior Construction for Lanark Avenue North — South Water Improvements for $105,509.63: M. Water Main Easement Agreement for FSC / Venga Works by Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for FSC / Venga Works by Venga Ventures, LLC: O. Task Order 0741 for Ten Mile Road Interchange Utility Improvements with Civil Survey Consultants, Inc. for an amount not to exceed $29,320.00: P. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 1 (aka Gateway Market Place) by James Kissler, LLC: Q. Sanitary Sewer and Water Main Easement Agreement for Gardner Ahlquist Gateway No. 2 by Gardner Ahlquist Development: R. Agreement for Instructor Services with Sanitary Services, Co. for Community Education Instruction not to exceed $88.00: S. Declaration of Environmental Covenant City Hall Deed Restriction for New City Hall Site: T. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-0I-SR for Acoustical Wall Panels by SLA, Inc. Drywall Construction for $5,952.00: U. Change Orders No. 1, 2 and 3 for the North Black Cat Trunk Sewer with Brown Construction for $4,978.00: V. Internship Agreement with St. Luke's Regional Medial Center for Paramedic Training: Meridian City Council Meeting Agenda — February 19, 2008Page 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. 7. Department Reports: A. Mayor's Office: 1. Reappointment of Michael Rohm to Planning and Zoning Commission Seat # : 2. Appointment of Michael Martin to Parks and Recreation Commission Seat # : B. Legal Department / Police Department: 1. Presentation on Police Pay Plan by Bill Nary and Jeff Lavey: 8. Items Moved from Consent Agenda: 9. Tabled from February 1, 2008: Amendment to Bittercreek Agreement: 10. Tabled from February 1, 2008: Cooperative Construction and Reimbursement Agreement for Lift Station, Force Main and Oversize Main for Bittercreek Meadows: 11. FP 08-001 Request for Final Plat approval for 4 commercial building lots on 3.77 acres in a C -G zone for Paramount Commercial Southwest Subdivision by Brighton Corporation — Lots 1-4, Block 1 of Paramount Commercial Southwest, east of North Linder Road and north of West McMillan Road: 12. Continued Public Hearing from January 8, 2008: VAR 07-017 Request for a Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway to allow 3 right -in / right -out access points on both sides of State Highway (SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle Road located on the east side of SH 55/Eagle Road for Meridian Town Center by CenterCal Properties, LLC — Northwest Corner and Northeast Corner of North Eagle Road and East Fairview Avenue: 13. Continued Public Hearing from January 22, 2008: AZ 07-013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development — 1235 East McMillan Road: Meridian City Council Meeting Agenda — February 19, 2008Page 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. 14. Continued Public Hearing from January 22, 2008: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development — 1235 East McMillan Road: 15. Public Hearing: CPA 07-002 Request to amend the Comprehensive Plan Future Land Use Map for the south Meridian area to expand future land uses designations to include the land east of McDermott Road south to Lake Hazel Road and'/2 mile east of Linder Road south to'/2 mile south of Columbia Road, east to 'A mile west of Cloverdale Road; the proposal includes the amendment of Medium High Density Residential as recommended by the Planning and Zoning Commission as well as the following additional amendments recommended by Meridian Planning Department Staff: re -designation of the area at the intersection of Meridian and Lake Hazel Roads recommended for Mixed Employment to Mixed Use Regional; amending the study area boundary in the area south of Columbia and east of Locust Grove Roads and re -designating the area south of Columbia and east of Locust Grove Roads and re -designating the area from future area planning area to Low Density Residential for South Meridian Area Comprehensive Plan Amendment by the City of Meridian Planning Department: 16. Public Hearing: CPA 07-009 Request for a Comprehensive Plan Text Amendment to: add Medium High Density Residential to the Land Use Chapter of the Plan; include residential uses in neighborhood centers and amending the text of the Mixed Use Regional Designation as recommended by the City of Meridian Planning Staff for South Meridian Area by City of Meridian Planning Department: 17. Public Hearing: AZ 07-011 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 Medium Low -Density Residential zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: 18. Public Hearing: PP 07-016 Request for Preliminary Plat approval for 16 single-family residential lots and 5 common lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. — 5230 North Black Cat Road: 19. Public Hearing: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C -C zone for Settler's Square Subdivision by Seagle Three, LLC — 870 West Ustick Road: 20. Public Hearing: PP 07-024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed Meridian City Council Meeting Agenda — February 19, 2008Page 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. C -C zone for Settler's Square Subdivision by Seagle Three, LLC — 870 West Ustick Road: 21. Public Hearing: Proposed Fee Increase for Planning Department: 22. Ordinance No. AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road & RZ 07-010 Request for a Rezone of 75.67 acres from I -L and L -O zones to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 23. Ordinance No. AZ 07-014 Request for Annexation and Zoning of 7.55 acres from RUT and R1 to a C -C zone for Woodland Springs by Morgan Development — Northeast Corner of McMillan Road and Locust Grove Road: 24. Ordinance No. AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C -C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean — 6380 North Locust Grove Road: 25. Ordinance No. : RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN -R zone for GramercV Townhome Subdivision by Tuscany Development, Inc. — south of E. Overland Road and west of South Eagle Road: 26. Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — February 19, 2008Page 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.