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2019-03-05 C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, M arch 5, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by T roy D r ake of C alvar y C hapel M er idian 4. Adoption of Agenda Adopted as amended 5. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assi st you i n resolving the matter following the meeting. 6. Consent Agenda [Action Item] Approved as amended A. Approve M inutes of F ebruary 19, 2019 C ity Council S pecial M eeting B. Approve M inutes of F ebruary 19, 2019 C ity Council Regular M eeting C. P erman ent E asement Contract for a Not-to-E xceed Amount of $5,718.09 for the F ive M ile Creek P athway C onnection J ames Court S idewalk Widening D. J ames C ourt S idewalk Widening E asement E. S eyam E ast Subdivision S anitar y S ewer and Water M ain E asement F. F inal P lat for T hird S treet S quar e S ubdivision (H-2019-0009) by T renten S eltzer, L ocated at 324 NE 3r d S t. G. F inal P lat for B icentennial F arm S ubdivision No. 3 (H-2019-0018) by Toll I D I, LLC , L ocated at 3880 E . L ake Hazel Rd. H. F inal Order for E dgehill S ubdivision No. 1 (H-2019-0003) by Trilogy D evelopment Inc., L ocated at 1393 and 1405 W. Victor y Rd. I. F inal Order for Hill's C entur y F arm No. 12 (H-2019-0008) by B righton Investments, LLC , L ocate on the Nor th side of E . L ake Hazel Rd., 1/4 mile E ast of S. E agle Rd. J. F inal Order for Hill's C entur y F arm No. 13 (H-2019-0010) by B righton Investments, LLC , L ocate E ast of S. E agle Rd. and Nor th of E . L ake Hazel Rd. K. F indings of F act, Conclusions of L aw and F inal O r der for Avebur y (H-2018-0141) by AD 800, LLC , L ocated on the Nor th side of E . Pine Ave., West of N. L ocust G r ove Rd. L. D evelopment Agreement for Shelburne E ast (H-2018-0112) with S helbur ne P roper ties, LLC located at 4080, 4115, 4205, 4301 & 4330 E . B ott L n., in the S E 1/4 of S ection 28, Townsip 3N., Range 1E M. M emorandum of Understanding between the C ity of M eridian and the Nampa Highway D istrict (NHD ) to gr ant to C ity a non-exclusive license for the installation, repair, and maintenance of water and sewer improvements in NHD right-of-way N. 1st Inter state B ank P ar king L ot Use Agr eement for M ain S tr eet M arket O. Agr eement for E xtension of D omestic Water and S ewer S er vice O utside M er idian C ity L imits: 5233 W. F r anklin Road P. Moved from Consent: Approval of Task O rder with M cC all S tudios for Renaissance P ar k Identity P ublic Ar t P r oject Not-to-E xceed $40,000 Q. Awar d of C hange Order No. 10 to J C C O NS T RUC T O RS , I NC. for the “WRRF L iquid S tr eam C apacity E xp ansion” project for a Not- To-E xceed amount of $88,646.26. R. City F inancial Report - J anuar y 2019 S. AP I nvoices for P ayment 2/28/2019 - $107,009.20 T. AP I nvoices for P ayment 3/6/2019 - $556,885.75 7. Items M oved F rom T he C onsent Agenda [Action Item] A. Approval of Task O rder with M c C all S tudios for Renaissance P ar k Identity P ublic Ar t P r oject Not-to-E xceed $40,000 Approved 8. Community Items/Presentations A. Amended onto Agenda: Mayor’s Youth Advisory Council Update 9. Action I tems Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. The City Counci l may move to continue the item for additional information or vote to approve or deny the i tem with or without changes as presented. The Mayor is not a member of the Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. P ublic Hearing for Rackham S ubdivision (H-2019-0005) by B VA D evelopment, L ocated 1020 S. E agle Rd. Approved 1. R equest: Modified Development A greement Modification to the terms of the previously required Development A greement f or L angly/P ower Mall to update the development plan for the site and associated provisions. B. P ublic Hearing for E agle C ommons (H-2019-0016) by J ames A. Kissler, LLC , L ocated G enerally North of E. O verland Rd. and E ast of S . E agle Rd. Approved 1. R equest: Modification to an E xisting Development Agreement f or E agle C ommons at O verland to update the development plan and associated provisions. C. P ublic Hearing for Proposed Vehicle Immobilization (Booting) O rdinance Second reading scheduled for March 12, 2019 1. First Reading of O rdinance No. 19-1815: A n O rdinance A dding A New Chapter, Chapter 3, To Title 3, Meridian C ity Code, R egarding Vehicle I mmobilization: Definitions, Vehicle I mmobilization L icense, Vehicle I mmobilization R egulations, P rohibited A cts, A nd P enalty; A dopting A S avings Clause; A nd P roviding A n E ffective Date. D. P ublic Hearing To C onsider T he C onveyance To T he Ada C ounty Highway D istrict F or Right O f Way P urposes A Portion Of C ertain Real P roper ty L ocated Near T he Nor therly P edestr ian E ntr ance To Heroes P ark O n Ten M ile Rd. E. O rdinance No. 19-1814: An O rdinance Authorizing T he Conveyance O f C er tain C ity O wned Real P r operty To T he Ada County Highway D istr ict F or Right-O f-Way P urposes, A Portion Of C er tain Real P roperty L ocated Near T he Nor therly P edestr ian E ntr ance To Her oes P ar k O n Ten M ile Road, In S ection 26, T 4n, R1w, B m (A P ortion O f Ada C ounty Assessor ’s P ar cel S 0426233770) In T he City Of M er idian, Ada C ounty, Idaho; Authorizing T he M ayor And C ity C lerk To E xecute And Attest On B ehalf Of T he C ity O f M er idian T he D eed And O ther Documents Necessar y To C omplete T he T ransaction; P roviding F or A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. Approved F. Recommendation to Allow the West Ada S chool D istrict (WAS D ) to P roceed with a Reimbur sement Agreement for Infrastructure E nhancement (RAI E ) for the ‘O aks L ift S tation’ P ump Upgrades Recommendation Approved 10. D epar tment Reports A. Citywide S trategic P lan Update B. M ayor's O ffice: Update on G overnment Accountability O fficer P osition C. P olice: I T D /O HS Alive at 25 B udget Amendment Not to E xceed $15,000 (Net Zero) [Action Item] Approved 11. O rdinances [Action I tems] A. O rdinance No. 19-1813: An O rdinance (H-2018-0112– S helburne S ubdivision) F or Annexation O f A P ar cel O f L and L ocated In T he NW ¼ Of T he S E ¼ of S ection 28, Township 3 Nor th, Range 1 E ast, Boise M er idian, Ada C ounty, I daho, As D escr ibed In Attachment “A” And Annexing C er tain L ands And Territory, S ituated In Ada County, Idaho, And Adjacent And Contiguous To T he C orporate L imits O f T he C ity O f M eridian As Requested B y T he City Of M eridian; E stablishing And D eter mining T he L and Use Zoning Classification O f 35.09 Acr es O f L and F rom Rut To R-4 (Low D ensity Residential)(23.58 Acres) And R-8 (M edium D ensity Residential)(11.52 Acr es) Zoning Distr ict In T he M eridian C ity Code; P r oviding T hat C opies O f T his O r dinance S hall B e Filed With T he Ada C ounty Assessor, T he Ada C ounty Recor der, And T he Idaho S tate Tax Commission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O r dinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. Approved 12. F uture M eeting Topics 13. E xecutive S ession per Idaho S tate C ode 74-206(1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent Into Executive Session at 9:27pm Out of Executive Session at 10:47pm Adjourned at 10:48pm All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity C ler k's Offic e at 888-4433 at least 48 hour s pr ior to the public meeting.