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2021-03-23 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 23, 2021 at 6:00 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/89240454128 Or join by phone: 1-669-900-6833 Webinar ID: 892 4045 4128 ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilwoman Jessica Perreault (left meeting at 8:30pm) Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Treg Bernt PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Item 17 removed from Consent Agenda by Councilman Cavener. Motion to approve the remainder of the consent agenda made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the March 9, 2021 City Council Work Session 2. Approve Minutes of the March 9, 2021 City Council Regular Meeting 3. Idaho Fitness Factory Water Main Easement No. 1 4. Final Plat for Ascent Subdivision (FP-2020-0018) by Schultz Development, LLC, Generally Located on the North Side of W. Franklin Rd., East of N. Black Rd. 5. Final Plat for Oaks North Subdivision No. 9 (FP-2021-0010) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. 6. Final Plat for Pine 43 No. 4 (FP-2021-0006) by Kimley Horn, Located at 2255 E. Fairview Ave. 7. Final Order for Lupine Cove (FP-2020-0017) by Matt Schultz of Schultz Development, Located at 4000 N. McDermott Rd. 8. Final Order for Sagewood West Subdivision (FP-2021-0005) by Civil Innovations, PLLC, Located at 1335 W. Overland Rd. 9. Final Order for Sky Mesa Commons No. 5 (FP-2020-0021) by J-U-B Engineers, Inc., Generally Located West of S. Eagle Rd., Midway Between E. Taconic Dr. and E. Lake Hazel Rd. 10. Findings of Fact, Conclusions of Law for Aviator Subdivision (H-2020-0111) by The Land Group, Inc., Located Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd. 11. Findings of Fact, Conclusions of Law for Chewie Subdivision (H-2020-0120) by Kent Brown Planning, Located at 2490 W. Franklin Road and the Lot Directly North 12. Development Agreement Between the City of Meridian and Baron Ten Mile, LLC (Owner/Developer) for Mile High Pines Subdivision (H-2020-0099), Located in the Southwest Corner of N. Ten Mile Rd. and W. Pine Ave. 13. Development Agreement Between the City of Meridian and Dennis Creek (Owner) and Hayden Homes Idaho, LLC (Developer) for Tetherow Crossing Subdivision (H- 2020-0112), Located Northeast of N. Linder Rd. and W. Ustick Rd. 14. Development Agreement Between the City of Meridian and Oaks Build to Rent, LLC, a Delaware LLC (Owner/Developer) for Oakwind Estates (H-2020-0093) Located at the Northeast Corner of N. McDermott Rd. and W. McMillan Rd. 15. Approval of Sole Source Purchase of Fire Department Garments to Include Honeywell Morning Pride Tail Pant and Coats from Municipal Emergency Services (MES) for the Not-to-Exceed Amount of $60,170.15 16. Cooperative Agreement Between City of Meridian and Valley Regional Transit for Fiscal Year 2021 Public Transportation Financial Contribution 18. Resolution No. 21-2263: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Adding a New Policy 5.7 -Vacation Leave Accrual Rollover Program and Amending Policy 5.5 – Director Benefits Program; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 17. Finance Department: Annual Fund Balance Transfer Proposal Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener PROCLAMATIONS \[Action Item\] 19. Procurement Month PUBLIC FORUM – Future Meeting Topics The public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner’s Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time. After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items unless to break a tie vote. 20. Public Hearing for Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date 21. Resolution No. 21-2264: A Resolution Adopting the Summer 2021 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 22. Public Hearing for Community Development Block Grant (CDBG) Program: Substantial Amendment to Program Year 2019 Action Plan 23. Public Hearing for Cornerstone Dental (H-2021-0009) by 12.15 Design, Located at 3250 N. Leslie Way Approved A. Request: Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove the provision requiring all future uses to obtain a Conditional Use Permit. Motion to approve made by Councilman Cavener, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 24. Public Hearing for Ambles Run Subdivision (H-2020-0124) by HomeFound Group, Located ¼ Mile East of N. Locust Grove Rd. and ½ Mile South of Chinden Blvd. Continued to April 20, 2021 A. Request: Annexation and Zoning of 2.88 acres of land with an R-2 zoning district. B. Request: A preliminary plat consisting of 6 single-family residential lots. Motion to continue to April 20, 2021 made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 25. Public Hearing for Compass Pointe Subdivision (H-2020-0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. Continued to April 27, 2021 A. Annexation and Zoning of 7.69 acres of land with a request for the R-15 zoning district. B. A Preliminary Plat consisting of 38 residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun Voting Nay: Councilman Cavener ORDINANCES \[Action Item\] 26. Second and Third Reading of Ordinance No. 21-1916: An Ordinance Adding a New Section to Meridian City Code, Section 7-2-2(B)(8), Regarding Prohibited Parking in Front of Mailboxes; Adopting a Savings Clause; and Providing an Effective Date Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun Voting Nay: Councilman Cavener 27. Ordinance No. 21-1923: An Ordinance Repealing Meridian City Code Section 7-1- 14, Regarding Handheld Devices, and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener 28. Ordinance No. 21-1925: An Ordinance Amending Title 1, Chapter 7, Section 10, of the Meridian City Code, Regarding the Procedure for a Request for Reconsideration of a Land Use Decision; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener 29. Ordinance No. 21-1922: An Ordinance (H-2020-0115 – Schnebly Annexation) for Annexation of a Parcel of Land Being a Portion of the Southwest Quarter of the Southeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.749 Acres of Land from RUT to R-2 (Low Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener 30. Ordinance No. 21-1924: An Ordinance (H-2020-0099 – Mile High Pines) for Annexation of a Parcel Located in the NE ¼ of the SE ¼ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 17.46 Acres of Land from RUT to R-15 (Medium High Density Residential) (11.44 Acres) and C-C (Community Business District) (6.02 Acres) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 9:38 pm