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HomeMy WebLinkAbout2017-06-06Meridian City Council June 6, 2016 A meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, June 6, 2017, by Council President Keith Bird. Members Present: Keith Bird, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Sonya Allen, Steve Siddoway, Warren Stewart, Brown, Mark Niemeyer, Baker, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _O Mayor Tammy de Weerd Bird: Okay. It's 6:04 and I'd like to call this meeting to order. It's the regular City Council Tuesday night, June 6, 2017, Council meeting and start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance by Troops 153 & 306 Bird: Number two on the agenda is the Pledge of Allegiance and we are going to be led by Troop 306 and Troop 153. If they would come forward and get us on our Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard, Ten Mile Christian Church Bird: Thank you, young men. Item No. 3 is our community invocation by Mr. Woodard from Ten Mile Community Church and if you would take this time to join in the community invocation or a time of reflection. Woodard: It's Ten Mile Christian -- Meridian City Council June 6, 2017 Page 2 of 112 Bird: Ten Mile Christian. What did I call it? Woodard: My prayer tonight is as follows: Our Dear Heavenly Father, we come before you tonight to ask for your protection of our nation and for wisdom by this our City Council. I pray for each of them that they remain wise in their handling of city business . We are listed nationally as one the fastest growing cities in the nation, number 13, and this kind of growth brings a whole new set of issues for the city services, police and fire protection, schools and trying to keep a small town friendly atmosphere in now Idaho's second largest city. We are fortunate to have this Council. They are open to new ideas and progressive in their thinking. Concerns raised by citizens are addressed and not swept under the rug. Keep our youth safe this summer and now that -- and now that school is out. We cringe at what happened to a young man in Nampa just a couple days ago and pray that similar incidents do not happen in Meridian. I pray tonight for his full recovery and prosecution of the two young men who almost killed him. But aside from the local issues, I pray tonight for our nation. In my 80 years I have never seen such a division in national attitudes as I see today. When we pray each City Council meeting and pledge allegiance to the American flag, may we really mean it. We are not a nation of division, but of one people who abhor evil by groups who claim violence is a God given right. I simply ask that you protect our city, its citizens and especially the men in blue who put their lives on the line to safeguard our families each day, in Jesus' name, amen. Item 4: Adoption of the Agenda Bird: Thank you, Larry. Next item is the adoption of the agenda. Mr. Borton. Borton: Mr. President. Item 7-K, H-2016-0027. Item 7-R is proposed Resolution 17- 2016. And Item 10-H is proposed Ordinance No. 17-1730. Ordinance in Item No. 12-A is proposed Ordinance No. 17-1731. And 12-B, which will be -- is being amended onto the agenda as proposed Ordinance No. 17-1732. And Item 14, which is identified as an Executive Session, that item will be vacated and removed from the agenda. Okay. And, Mr. President, Item 7-Q will also be vacated and removed from the agenda. With those amendments I would move that we adopt the amended agenda. Milam: Second. Bird: Okay. We have got a motion and a second to adopt the amended agenda as read or -- yeah. Mr. Clerk. Coles: Mr. President? Meridian City Council June 6, 2017 Page 3 of 112 Bird: All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 5.: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum Bird: Now Item 5 is Future Meeting Topics, Public Forum. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to active land use development application s. By law no decisions can be made on topics presented under the public comment section , other than the City Council may request that topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving a matter following the meeting. I will open this public meeting up and is there anybody that would like to come forward for a three minute testimony? Testify. Coles: Mr. President? Bird: Have we got sign up? Coles: There was nobody on the sign-up sheet. Bird: Nobody on the sign-up sheet. Would anybody like to come forward? Seeing none, we will close Item 6 then. Milam: Five. Bird: Five. I'm sorry. I can't read. Item 6: Proclamation for Public Works Week Bird: We will now do Item 6, which is a proclamation for Public Works Week and with your permission, Council, I will go down -- this week is Public Works Week, which is a very, very important position on the city. Coles: Mr. President, will you pull the microphone -- Bird: If Mr. Bolthouse will come up, our director. Whereas the dependable delivery of public works service, including supply and distribution of clean, safe water, wastewater collection and treatment and solid waste management is critical to the health, safety and quality of life of the residents of our community and whereas the ability to -- to sustain the quality of these services to independent and understanding and support of informed Meridian City Council June 6, 2017 Page 4 of 112 citizens and whereas planning, design, construction, operation and efficient and reliable Public Works facilities are dependent upon the dedicated and skill of Public Works employees and whereas the staff and leadership of the Meridian Public Works Department and those of our Public Works partners understand the importance of the work they perform and are dedicated to serving the community, therefore, I, Tam my de Weerd, do hereby proclaim the week of June 3rd through June 9th, 2017, as Meridian Public Works Week in the City of Meridian and I will call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing any Pu blic Works Service and to recognize the contribution that Public Works officials make every day to our health, safety, and comfort and quality of life. Thank you. Bolthouse: I do have a couple comments. Thank you. Do you want to take a moment to migrate? Okay. Thank you very much, Council President Bird and the Council Members. I appreciate the opportunity and thank you and gladly accept on behalf of the hundred professionals in our Public Works organization who are tirelessly serving you and the community on our responsibilities. This is the 9th Annual Public Works Week that we have celebrated here in Meridian and we are off to a great start. Saturday we kicked off with our annual Poop Scoot. That's the traditional run to chase the tennis ball through the city onto the wastewater treatment plant and we had a small , but energetic group that participated. We had a great day and very much appreciate support of that. Something unique to that fun run is that our registration fee is food for the food bank and so canned goods -- we brought -- brought in several barrels of food that we were able to give to the -- the food bank. We actually collected about 20 percent more food this year on the fun run. So, that's an important part of that activity and along the way you follow Five Mile Creek and there is all kinds of wildlife and ducks and there was even some rumor that there was an Oregon Duck that actually had a pretty good showing in the race this year, but, you know -- still trying to validate just exactly what route they ran, but did it very, very well. So, no, we appreciate -- appreciate the support and the attendance by the Council to help us kick that off. Tomorrow we continue the week's events with the Go With The Flow Tour. Once again, we got a full bus. Hopefully got a great evening planned for that group. Not only are we picking up the iconic water tower tour and the lift station at South Black Cat, but this year we have added Well 27 and the water treatment facility. So, this will be t he first time we have been able to share with the public some of the technology that we have installed to improve and continue to work on our water quality throughout the city. So, this is our newest installation for water treatment and, then, obviously, we end up at the wastewater treatment facility, the Wastewater Resource Recovery Facility and have a great tour out there. A lot of things going on as we -- as we continue to expand that facility to meet our needs. One of our cornerstone events, then, is Thursday afternoon, which is out here at the City Hall Plaza. That's the Wastewater or, excuse me, the Meridian City Council June 6, 2017 Page 5 of 112 Public Works Expo. Got a growing attendance from -- from our partners throughout the community that work with Public Works. It's a great opportunity for particularly kids to come, get an education on the things that we do in Public Works, fun, food, hands-on experience. So, we look for a great event there. So, once again, we very much appreciate it and in -- in our tradition we develop a commemorative coin. This year's theme of Public Works Week is Public Works Connects Us and I'd like to offer the Council a coin. It's a show of our appreciation. We also give these to each of our partners that participate throughout the week as well. So, I'll take a moment. Bird: Thank you, Dale, for your staff and everything they done and do and the facility that they maintain for us. We certainly appreciate it. I know the community appreciates it. Thank you very much. Bolthouse: Thank you. Look forward to seeing you this week. Item 7: Consent Agenda A. Approve Minutes of May 23, 2017 City Council Regular Meeting B. Chesterfield Subdivision No. 4 Sanitary Sewer and Water Main Easement C. TM Crossing Subdivision No. 1 Water Main Easement No. 1 D. TM Crossing Subdivision No. 1 Water Main Easement No. 2 E. Whitebark Subdivision No. 2 Sewer Easement F. Final Order for Bainbridge Subdivision No. 5 (H - 2017 - 0043) by Brighton Investments, LLC Located Approximately 1/2 Mile South of W. Chinden Boulevard and 1/4 Mile West of N. Ten Mile Road G. Findings of Fact, Conclusions of Law, Decision and Order for New Beginnings (H - 2017 - 0026) by Chris Fuhrman Located 780 E. Ustick Road H. Findings of Fact, Conclusions of Law, Decision and Order for Rockbury Subdivision (H - 2017-0018) by Rock Harbor Church, Inc. Located 6437 N. Tree Haven Way Meridian City Council June 6, 2017 Page 6 of 112 I. Final Order for Gyro Shack at Par amount (H-2017-0059) by Jeff Likes Located 5038 N. Linder Road J. 2nd Addendum to Development Agreement for TM Crossing (MDA-H-2017-0027) with Brighton Investments, LLC; SCS Investments, LLC; SBG Ten Mile Office No. 1, LLC and SBG Ten Mile Office No. 3, LLC located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the southwest ¼ of Section 14, Township 3N., Range 1W K. Development Agreement for Maverik (H-2016-0027) , by Maverik, Inc. for Development located at 1515 E. Fairview Avenue on the Southwest Corner of E. Fairview Avenue and N. Locust Grove. L. Surety Agreement between City of Meridian and Maverik, Inc. for property located at Locust Grove/Fairview M. Final Plat for Silverwater North (H - 2017 - 0069) by Trilogy Development Located Southwest Corner of E. Victory Road and S. Mesa Way N. Final Plat for Little Creek Subdivision No. 1 (H - 2017 - 0067) by David Alexander Located 1470 N. Locust Grove Road O. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the “WELL 29 PUMPING FACILITY - CONSTRUCTION” project for a Not-To-Exceed amount of $776,045. P. Approval of Award of Bid and Agreement to SUNROC CORPORATION for the “SIMPLOT RV RELOACTION PAD” project for a Not-To-Exceed amount of $212,546. Q. Amendment to January 24, 2017 Subrecipient Agreement Between City Of Meridian and West Ada School District for PY 2015 Community Development Block Grant Funds adjusting grant allocation amount from $65,000 to $80,000 for the Meridian Picnic Shelter Project Vacated Meridian City Council June 6, 2017 Page 7 of 112 R. Resolution No. 17 - 2016 : Reflection Ridge (H-2017-0071) Slope Easement Vacation S. Finance Vendor Payments Made on May 31, 2017 of $698,891.14 T. Finance Vendor Payments of $458,165.63 Bird: You bet. Next item. Consent Agenda. Mr. Borton. Borton: Mr. President, with Item K being H-2016-0027 and the removal of Item Q. Item R is proposed resolution 17-016, I would move that we approve the Consent Agenda and have the President sign and Clerk attest. Milam: Second. Bird: I have got a motion to approve the agenda as amended and second. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved From the Consent Agenda Bird: We had no items moved from the Consent Agenda. Item 9: Community Items/Presentations A. Muscular Dystrophy Association: Fill the Boot Thank you Bird: So, we got the Community Items/Presentations. A, Muscular Dystrophy Association Fill The Boot thank you. Presenter -- is April here? Gannon: First of all, I just want to thank the members of City Council for taking the time to hear me today and thank you for all of you r support. My name is April Gannon and I am the fundraising coordinator for the MDA Idaho office. We serve over 600 families in southwestern Idaho and cover the City of Meridian. We have a clinic that's multidisciplinary for our families. We also have low closet support groups and a week long summer camp for kiddos living with muscular dystrophy, ALS, and other life- Meridian City Council June 6, 2017 Page 8 of 112 threatening diseases and I wanted to let you know how much we appreciate your support of Meridian Fire Local 4627 Fill The Boot each year. They actually raised over 15,900 dollars in one day this past year. Bird: All right. Gannon: Yeah. And that thanks to their hard work and dedication, as well as the City of Meridian and the community here and I wanted to let you know that, you know, firefighters are longest -- largest standing partners and they have raised over six hundred million dollars for MDA. We have seen a lot of advancements throughout the years. One example is with Duchenne muscular dystrophy. When we started in 1950, the average life span of a kid living with Duchenne muscular dystrophy was only 12 years old. As of today kiddos of -- the average lifespan is into their late 20s and within the last six months the FDA has approved two drugs that are actually fighting the disease itself, not the symptoms. So, we are very excited to see these advancements and they wouldn't be made possible without the dedication from our firefighters that take their time off duty to come out and fill the boot and to support MDA, not only, you know, raising money for us, but also spreading that awareness, so the community knows how much their support is needed. So, we really appreciate their support, your support, and the support of the local community. Bird: Thank you very much. Gannon: Thank you. Gird: We appreciate that. Gannon: Yes. And I wanted to present a plaque to the City Council and, then, also one for the Mayor. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: If I may -- I know we have got a full agenda , but before we move onto the next item, I just wanted to reiterate my thanks to the association for taking their own personal time to do this. I think that's something that's important for our public to be aware that these guys, who work day in and day out, take their own time to go and volunteer and do this and it's a show of how our community supports one another at all levels, and so thank you guys and, please, pass it on to all of your fellow employees Meridian City Council June 6, 2017 Page 9 of 112 and other firefighter. We appreciate them taking time to do this. It's a great cause and I know I have heard from a lot of Council Members that hope they are able to raise a ton a money and it's great to see that we did. B. Mayor’s Youth Advisory Council: Participatory Budgeting Bird: Okay. Item B. Mayor's Youth Advisory -- Baumgartner: Hello? As Mr. Coles passes out a packet for you, I will introduce myself. I'm Lance Baumgartner with the Mayor's Youth Advisory Council participatory budgeting. So, I'm going to be speaking for a little bit. I actually have two presentations for you. So, Council President, I'd like to start with our participatory budgeting process presentation for the fiscal of 2016-2017. Bird: You bet. Baumgartner: So, to begin I will go over a little bit of the basics of the participatory budgeting planning committee or the PB planning committee. The subcommittee comes out of the Mayor's Youth Advisory's government affairs subcommittees. So, we are a subcommittee of a subcommittee and as of that we have about seven to ten individuals that regularly participate on the planning committee and every year we take time to do elections and assignments in which we elect a vice-president -- a vice-chair, a chair, and an historian and as of this year we have also added a scribe to that appointment list and we also -- with the members that participate we also have a few advisors, including Madam Mayor Tammy de Weerd, who is, unfortunately, not here tonight, Councilman Borton and Todd Lavoie, the chief financial officer for the City of Meridian and Jenny Fields, the budget analyst for the City of Meridian. So, this year we have taken quite a few actions and decisions that have changed from years previous. Our timeline was changed quite a bit this year. We developed new criteria for the project application. We developed a new application, which is included in that packet there. We also instituted a plenary project review period in which we reviewed all of the applications to ensure their professionalism and their seriousne ss in regards to the projects, assigning city and community partners to the authors of each individual project to help facilitate the professionalism that's needed in order to conduct this process and we also worked on our communication to the authors of e ach individual topic and, then, working on developing the individual's presentation skills and operating the standard elections for the process. The application development and project eligibility standards. So, this year we adopted a new application model and I know this is a little boring, but for us it was quite exciting and we went from an anonymous submission process to one that incorporated the ability of the authors to fully own and participate in their idea from Meridian City Council June 6, 2017 Page 10 of 112 the beginning of the process to the end of the process and you will see in your packet there an example of the application utilizing fiscal year 2015-2016 example of Tully Park and this new application process allowed us, one, to keep accurate records and in doing so allowed each of the authors to really work with us to develop their idea and prevented us from just taking over the projects as we have in years previous. Furthermore, we develop project eligibility standards, which are as follows: The project does not require the hiring of a new employee, is open to use by all citizens and is located within Meridian and its area of influence. It is a one-time expense and, obviously, the project must be legal. With this new application and the project eligibility standards, we had a great turnout of projects, about 33 serious ones. We get a few unserious ones every year. But 33 that were eligible for consideration. So, we took on two different types of voting this year. We did a preliminary vote and a final vote. So, the preliminary vote was of the three -- 33, excuse me, projects that were reviewed previously by the planning committee and that were eligible for consideration -- of these approximately nine presented. That number seems low and I will explain that number. Several presentations incorporated more than one and in some cases several applications that were either very similar ideas or the exact same idea and two of our final three projects, intergenerational community garden and the memorial plaza at Kleiner Park were both applications that combined several applications. So, with that we have probably 18 total applications represented out of that 33. And out of the preliminary vote we had the top three move forward and those are intergenerational community garden, the sensory park addition, and the memorial plaza at Kleiner Park. And, finally, we had our final vote and of those three, the memorial plaza at Kleiner Park was our selected project. So, I'd like to go over a little bit about what PB does for the community and part of that community that PB reaches out to is the youth. So, the teen factor, really, is a unique factor of participatory budgeting. Participatory budgeting is a new -- new way of engaging a community and is -- as Meridian's adopted it, it has come to the Mayor's Youth Advisory Council to operate this process and with that we have the ability to engage our youth in a way that we have never had before and really what PB does, if you get down to the gist of it, is it builds a sense of community and ownership within the community from the youth's perspective and it illustrates the values of one's civic duty and the responsibility of your own voice and your vote within the community and it's building that civic duty and that community mindedness that PB really s eeks to engage the youth at. So, some of the skills that were gained by all of the participants from the authors, to the planning committee, to anyone that was really touched by this project, which is far and wide, were skills and professionalism, leadership skills, and group communication skills, which are key for our youth success in the near and distant future. Presentation development. Public speaking skills. Developing community relationships and partnerships, which building such networks will push our youth to go farther in the future, open up doors and opportunities that would otherwise be closed to Meridian City Council June 6, 2017 Page 11 of 112 them and build a community in which we develop an attitude of helpfulness and an attitude in which we can seek to improve our city by partnering with local organizations, businesses, and individuals to improve the quality of life we have here in the City of Meridian. Further skills are working within a budget and building the philosophy and responsibility of spending taxpayer dollars appropriately and adequately in terms of their proposed application and developing a project within criteria , where many skills that the youth that -- that were involved in the process gained. So, on a broader perspective, we have several benefits to the community and fore most is the development of our youth. That being said, we have an engagement in civic duty, builds informed citizens and the understanding of local government and its operation . Long lasting improvements to the city are also key benefits. The Tully Park from last year and the future memorial plaza are just a few examples of those and as the process continues into the future , hopefully, we will see more and more amenities that become desirable for the community and, most importantly, for many of us is the retention of our youth. It builds a sense of community roots in our youth as they participate in the process and it draws them back to continue improving Meridian and bring back the talents they garner from the wider world and brings them back into the c ommunity. So, for next year, while it was widely successful this year, we have room to improve for sure. So, we are looking to -- within ourselves to improve the process in terms of a higher level of commitment to the planning committee, a more organized effort to work through the applications faster and quicker, and to accommodate that goal we are adopting a vice-chair position that will operate through the government affairs committee of MYAC. We will also be seeking to begin the process a little earlier to allow professional ideas with inspired talents to really be developed and grow as we had a short period to do so this year. Develop comprehensive expectations for the authors, so that they understand that they will be championing their project all the way through the process and some feedback directly from the planning committee was creating brochures, instructions, and an informational handout about participatory budgeting to authors and the general MYAC council, but also to the wider community. So, they can understand the benefits and the reasons for maintaining participatory budgeting. And the other improvement that we seek to correct as a committee was the lack of commitment to the project from several of the authors and that can be attributed to the youthfulness of the area in which we operate, but we also seek to curb that and provide a level of professionalism that 's appropriate for the city. And, finally, we thought that marketing PB was going to be our biggest task for next year to the general community and general MYAC as well, just so we understand what it is, the value that it has and the benefits it has for our community. And as I conclude and get to a portion of the questions, I'd like to ask that the City Council as you consider next year's budget here shortly, that you would continue to allow PB to have the benefits that it has in society and we are asking that you also give us feedback, so Meridian City Council June 6, 2017 Page 12 of 112 that we can improve our projects in the future. So, with that I would open it up to any questions, comments, concerns, and what have you. Bird: Council, any questions or concerns? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Lance, two years ago, when Youth Council embarked on participatory budgeting I was really cautious. I was not at the forefront of this idea and kudos to the Youth Council, Councilman Borton for -- for pulling me along and you guys continue to improve each year. Just a couple of thoughts. One, I hope everybody had a chance to review the list of ideas here that didn't happen. A lot of these are winners. There is a lot of really -- Baumgartner: Yeah. Cavener: -- great ideas, things that I'm hoping that either the Youth Council can continue to be a champion for or perhaps get in contact with cit y staff, because I think there is some things in here for our community that would make a lot of sense. Suggestion for moving forward. I recognize that while every high school student in Meridian should be in the Youth Council, not every one of them are and I would really encourage you to reach out from your walls and engage the high schools and see if maybe there is another great idea that comes from -- from our schools. Just because they haven't been on Youth Council shouldn't preclude them from participating in this process. Baumgartner: Thank you. Bird: Anything else, Council? Mr. Borton. Borton: Mr. President. Lance, is the request that the funding of 20,000 -- Baumgartner: Uh-huh. Borton: -- continue going forward. Baumgartner: Correct. Yes. Meridian City Council June 6, 2017 Page 13 of 112 Borton: Tell us briefly about the -- the winning item. Baumgartner: Yes. And so I have a following presentation for that specifically. Borton: Okay. Baumgartner: But the winning project was a memorial plaza at Kleiner Park to be placed almost adjacent to the Rock of Honor. The -- and I will get to the specifics of the project here shortly. Borton: Okay. All right. Milam: Mr. President? Bird: Mrs. Milam. Milam: Lance, your presentation was so thorough that you answered all of the questions that I was thinking of during your presentation . So, great job and I love this whole process and how involved you guys are . Last year's project was amazing. I'm very, very proud of it and proud of you guys. So, keep up the effort. Baumgartner: Thank you so much. Borton: Mr. President? Bird: Mr. Borton. Borton: I echo those comments. Your group has done phenomenal work and you're blazing the trail on this in the state of Idaho and your report and this information in particular about the process you go through is really fantastic and some feedback, I guess, to give back is don't necessarily ask for feedback from us. The process -- right -- it's a democratic process where we give the voice to the youth and we try not to taint it in particular by elected officials and -- and steer you towards a good project that we think might make sense, because it's not our voice, that we are trying to hear right now, we are trying to hear yours, so -- and I think you did a great job of keeping us out of that and in creating this list and culling it down to the final selection. That's going to be critical going forward. You have to be vigilant in avoiding influence from -- as to the items of interest, because they have to truly be of interest to your population, MYAC in this case. So, as long as the rules of the road which you described are maintained, we want to hear what your voice says. So, I think that's well done. Meridian City Council June 6, 2017 Page 14 of 112 Baumgartner: Thank you. Bird: Lance, you guys have done a great job with this budgeting and -- in fact, there is a lot of us elected officials that could learn from you. We should get feedback from you. Baumgartner: Thank you. Bird: Thank you very much. Baumgartner: Thank you. And I'm back for the next presentation. If you don't mind, I might grab a sip of water real fast. Bird: Yeah. Baumgartner: I'm going to forget that, but we will try to remember. Cavener: We will remind you. Baumgartner: So, hello again. I'm Lance Baumgartner and it's my privilege and honor to present to you the 2016-2017 participatory budgeting selected project and that is the memorial plaza at Kleiner Park. This also happens to be a project that I submitted and worked in tandem with my partner Logan Denon and I think that's how you say his last name. And so with that I will give you a little bit about that proposed project. So, here we have an overview. This project is proposed at a Kleiner Park, which is immediately adjacent to the Rock of Honor as mentioned before. For those in the audience and City Council, this -- the Rock of Honor is approximately -- very close in the park to the senior citizens center, as well as the south pond and this area, which is highlighted in color, is where the new project will be placed. So, a close up of that. We have a very simple and very peaceful design of a central piece of concrete and paving -- of pavers that will make a circle around a memorial tree. This design is not one that is very bold or ambitious. It falls within the budget very nicely and gives us a good buffer in case we run into any problems or issues. This is an idea that's not necessarily new or inspired from something that has come from abroad. It's just new to Meridian. We as a city do not have a place in which loved ones, family members, companies, organizations can commemorate people for their actions and their character and their lifestyle. And so that's what this really seeks to foster as an area of -- where we can appreciate the members in our community that have really made a difference and that we can also come forward as a community and remember the mission of Julius Kleiner. As the park was dedicated in his honor he also hoped to allow the park to get used and memorialize Meridian City Council June 6, 2017 Page 15 of 112 other people and that's what this addition to the park does, it allows families and so forth to commemorate those they have lost or loved ones and with that I will get into some specifics about the project. So, really, this project -- the very unique quality of it is it's scalable. We will start with the basics in terms of the construction period. We will have the initial development where the memorial tree is put in. The pavers and first ring of bricks will be installed, but as kind of subsequent need and additions are requir ed, there is room in the area and in the design for additions to the plaza to be made. So, as the plaza grows larger and larger, we will be able to expand as needed. Obviously, there is a limit to the expansion and growth area, but we have a good amount of that. But that obviously -- those additions are not included in this budget. Just to highlight that. So, more sections can be added and there is potential for more memorial benches to be added in the future to add to the atmosphere of the plaza. So, the brick purchases, as memorial bricks are purchased -- essentially, they -- they will be installed, but as they are purchased they will be taken out and engraved and replaced back. So, it's a very simple thing, it's an immediate development, we are not waiting for all of the bricks to be sold out to establish this project. And you can see in the picture at the bottom of the screen a little bit of what it looks like. Some of the most famous memorial plazas include the Olympia Plaza for the -- Olympics Plaza in Canada. I can't remember the city at the moment, but it's not a new idea. It's everywhere. And that's kind of where our -- ours is unique, though, is that it takes a new spin off of that . It's not for fundraising for a city or a building or an establishment of its own, it's as -- it's, essentially, a way for families to come together and commemorate those that they have lost, for members of the community that have made a great difference . So, that's the unique flavor of this particular project. So, again, here is an aerial location. The senior citizen center is just to the north of this. The south pond is visible in this picture and the Rock of Honor is immediately to the right of the proposed location. And what you see and read is what will be added and in orange is a second entrance way to the plaza . That's not necessary -- it's part of our contingency funds, so that we don't overspend. So, we have two phases as the first phase is completed we will add that second strip of pavers and so forth. So, the cost breakdown. In total it costs $18,851.25. We got it very precise. This is not the exact bid that we received, but this is the city staff 's estimates and we have a contingency in that of $1,713.75. The sidewalk breakdown costs by far the most with 9,240 being purchased or used from the sidewalks. The brick pavers themselves cost 4,080 dollars and the sandstone benches that will be added around the plaza are 1,400 dollars. The in-house expenses as the Parks Commission seeks to develop this portion of the park, will be adding nine trees and utilizing the several that are already installed in the specific area. So, to give you a breakdown of what it look like, we have here sandstone benches and potential brick patterns . We are still working out the fine details of how the bricks will be placed and how -- the style in which they will be engraved, but as that becomes clear, these are just a few potential Meridian City Council June 6, 2017 Page 16 of 112 options. We have got some fishbone patterns, some square patterns and so forth. And the benches, again, not a precise image, but one that gives a representative understanding of what will be installed . So, we have decided on an oak tree. And, again, these are not perfect pictures, but we have a representation of what it will look like when installed and, then, hopefully 50 years in the future what it will turn into. We decided on an oak tree, because it doesn't attract many pests, it's sturdy, it's stable and can deal with the weather. It's pretty low maintenance and it has a tendency for deep roots, so that it doesn't necessarily crack the pavers and the concrete construction. And it's also a shade tree, which will be very nice for the area as it lacks amounts of shade that would be beneficial and it will also blanket the plaza in shade as well as it grows. So, the design around the tree. Before you get to the pavers you see here on the right image cylindrical circular piece of pave work where the tree might be placed with pavers around it and, then, you see up in the top left images of shrubbery around the tree and, then, below you see a representation of what something in a plaza with an extending pathway might look like. And, obviously, these are not exact images, but they are good representations of what we are looking to accomplish. So, the construction schedule -- and we are in the beginning phases of this. One to two months for the final planning, getting bids, logistics and scheduling for materials and labor and, then, two to three months of construction time and into the future there will just be ongoing maintenance that the Parks Department will be taking on and with that we have everlasting enjoyment of this really serene area that will not detract from the area of the park, but will only add to the atmosphere and the memory of not only the families and the individuals that will be commemorated at the plaza, but also Julius Kleiner. So, with that I will take any questions, comments. Bird: Council? Well, I will start if nobody else -- fantastic. On your brick price, does that include the etching, too, the 4,000? Baumgartner: So, the bricks themselves will be purchased by the family and not -- the purchase price of the bricks will pay for the craving -- the engraving and the labor. Bird: Do you have prices yet on what the bricks are going to cost? Baumgartner: Each individual brick we are trying to get it down as much as possible, but we have estimates of a range from about a hundred dollars to 250 dollars and we will be working to ensure that the engraving is consistent throughout the plaza and the font and whatnot is consistent and when we establish that price it will be far -- somewhere in that range most likely. Meridian City Council June 6, 2017 Page 17 of 112 Bird: From experience, the more you can sell before you start laying, the better off you are. It's tough to go back in and pull them out and come back. Baumgartner: We will definitely consider that. Thank you. Bird: Done a couple of these. Any other questions? Great -- great, Lance. We are going to miss you. Baumgartner: Thank you. Council, thank you for your time and thank you for your help and consistency in participatory budgeting. C. 2017 CableONE Movie Night Sponsor Recognition Bird: Thank you. Next item is 9-C, Cable One. Renee. White: Isn't he an amazing young man? I got the pleasure of watching all of the presentations for that process and he knocked it out of the park and all of the youth council who voted on that project, they recognized the -- the quality of the presentation, so -- so, I am here to acknowledge the sponsors for the 2007 Cable One Movie Night and I realize you have a very long evening ahead of you . Give me just -- I'm going to tell just a really quick story before I thank these sponsors. I recently had the opportunity to go visit a family who has moved from Meridian up to Coeur d'Alene. They have two young daughters, a 14 year old and an 11 year old and I asked them what they were doing and how they like their new community and what they missed and Cable One Movie Night was what they both remembered and what they both missed. I promise I didn't prompt them. It was -- it was dear to their hearts. It created lasting memories, which, of course, is what we set out to do in the parks department. So, with that I will launch into this very impressive list of sponsors. First, Cable One has already come before you, they renewed for another five years and gave us the ability to purchase a brand new projector and I will tell you that that projector -- we test drove it on our first movie night last Friday and the quality is spectacular. So, I thank you all for that budget amendment that allowed us to ensure the picture quality for all of the Movie Nights to come. You might be seeing a few more movies at parks events as well. Let's see. We have two returning season sponsors. That's St. Alphonsus and Mountain -- America Credit Union. I'm going to have to put on my glasses. I was hoping to do it without. All right. Now -- there we go. Every night we have a talented production crew that comes in and they are, obviously, vital to -- to the production of the movie and so I would like to thank VCI Audio Entertainment. They set up the sound and they run the projector. They help make -- make everything happen. We have seven returning nightly sponsors. So, I'm pleased to thank the Meridian Library District, RC Willey, the Median Meridian City Council June 6, 2017 Page 18 of 112 Anti-Drug Coalition, Westside Body Works, New Horizon Academy, and both with two different movie nights, Biolife Plasma Services and Idaho Central Credit Union. And we have four new sponsors. I never have trouble filling these positions. People come out of the woodwork to come and be a part of this event, but that 's Kendall Ford, Heritage Auto Repair, Full Sail Real Estate and Four Seasons Spa and Pool and I will tell you that these sponsors pay the lion's share of what it costs to produce Movie Night. The rest of it is made up in our food sponsorship. So, this is one of the events that is -- the budget is completely covered through sponsorship and the food -- contributions that we get from the commissions. So, thanks to all of them and do you have any questions before I -- Bird: Any questions for Renee? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Renee, mostly I would just like to say thank you. Thank you to all of our sponsors, of course, but thank you to you and your team that do such an amazing job to put on an event that this community just absolutely loves, so -- White: Thank you. Yeah. I appreciate that. We had over 3,000 people at our first one. It's always a bit -- we hit it with a bang. It's fun. Bird: Fantastic. White: Yeah. Bird: What a great community event. White: Thanks to all of you. Item 10: Action Items A. Public Hearing Continued from May 23, 2017 for Goddard Creek (H-2017-0007) by Brian Porter Located 2780 W. McMillan Road 1. Request: Rezone of 12.38 Acres of Land from R-4 to the R-40 (5 Acres) and the C-C (7.38 Acres) Zoning Districts Meridian City Council June 6, 2017 Page 19 of 112 2. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 12.38 Acres of Land from Office and High Density Residential to Mixed-Use Community 3. Request: Conditional Use Permit for a Self - Storage Facility Consisting of Ten (10) Buildings on Approximately 7.38 Acres of Land in the Proposed C-C Zoning District 4. Request: Conditional Use Permit for a Multi- Family Development Consisting of Eighty-Two (82) Dwelling Units in the Proposed R-40 Zoning District on Five (5) Acres of Land 5. Request: Preliminary Plat Approval Consisting of Twenty- Two (22) Building Lots, and Five (5) Common Lots on 12.38 Acres of Land in the Proposed C-C and R-40 Zoning Districts 6. Request: Amendment to an Existing Development Agreement (Lochsa Falls Inst. #103012598) to Update the Development Plan for this Site from Office to Multi-Family and Self Storage Bird: Thank you. Okay. Item 10. Action Items. Item 10-A is a public hearing on Goddard Creek and the applicant has -- requests continuance to June 20th, 2017. Is there a reason to continue it again? Allen: President, the applicant is working with staff to resolve some issues. Bird: Okay. Council, what's your -- is there anybody here that -- Coles: Mr. President, we did have several individuals sign up on the public hearing sign-in sheet as well. Bird: Council, do you want to hear it tonight or -- I prefer to -- when the applicant -- Milam: Mr. President? Bird: Yeah. Meridian City Council June 6, 2017 Page 20 of 112 Milam: Generally in a situation like this we ask if there is somebody that really feels they need to speak about it tonight, if they can't be here on the 20th. But the presentation I think and the feedback is better to have them the night that we are actually having the hearing. Bird: Is there anybody here that would like to testify on Goddard tonight? The public hearing is -- come forward, then, sir. Fleck: Good evening, Council Members. My name is Donald Fleck. I live at 5197 North Black Sand Avenue. Meridian. And I have come before you to request this be denied for the following reasons: Each one of the items listed on the agenda is an extension of the language of the multi-use residential items. After the last meeting where this was overwhelmingly rejected as a multi-residential area, I would recommend that you deny the extension on this and ask them to resubmit a new request for the storage units. I don't see where this extension of this particular point of leaving the multi-use resident would serve any purpose for the residents that live in this community. And I also would like to reaffirm the last two testimonies I have made in this regard and ask that you just put an end to this one at this time. Thank you very much. Bird: Any questions? Thank you. Come forward. Please state your name and address. Pullman: Jean Pullman. 5130 North Goddard Creek Way. And I am just -- I will take just one minute, hopefully. I would like to read this, because last time I was way too nervous and didn't say what I wanted to say. Any continuance for this project -- for this applicant is not warranted. Any approval of this application as one or two parts breaks the development agreement within Lochsa Falls CC&Rs. So, you're either going to break the development or you're not. Why are we going forward with this? I'm a realtor with Silvercreek Realty. Any real estate agent will tell you that not every property sells and is it the responsibility of the City of Meridian to help every property owner make sure their property sells and develops? If so, you're going to have a long line out that door of sellers who can't sell and want Meridian City to help them meeting after meeting after meeting after meeting get this done. So, what -- at our last meeting someone said it sat for 15 years. We are in a brand new development area out there in northwest Meridian. It's just coming. And, again, is it the city's responsibility because a property owner's parcel has sat for 15 years to help them get that done? I don't think so. We have massive new development coming of houses and high density communities coming into that part of the city. Only have to drive one mile. As I testified last time, three -- if you approve this there will be three storage units within one mile. We can all see the City Council schedule. You guys are slammed with applicants. The city is just Meridian City Council June 6, 2017 Page 21 of 112 busting at the seams. I don't know why this one parcel seems to be getting continued hearings, continued hearings. You're either going to vote to break this agreement or you're not -- and rezone it or you're not. And we are hoping here tonight that you will just not give them a continuation on this application and we urge you to vote no to disapprove. Thank you. Bird: Any questions? Come forward if you would like to testify. Tolman: I'm Sheryl Tolman at 2695 West McMillan Road. Directly across the street from where this storage unit is proposed to be built. I know they stated last time they didn't think anybody was opposed to the storage unit. I want to go on record as being opposed. Unfortunately, I can't be here on the 20th. I don't know anybody that would be more negatively affected than me and my family. Traffic is insane and it 's only going to get worse if you put a storage unit with -- I don't know what they are going to do with the -- our telephone that sits right there where they are proposing their entrance. I think it's just going to be a haven for crime and other things. I don't know how the security is proposed for it, but if people from the road can't monitor what's going on -- I have already found abandoned gallons, knives and other things on my lane and I can only imagine it getting worse with -- with people having a place to store things and crime to be committed. I want to go on record that I am opposed to this and that I don't see any good coming from him it. The developers will leave in five years, it won't matter to them. But it will matter to me. It will matter to others I have talked to that are also opposed to this and I hope you will honor the agreement that's already in place for the zoning and Comprehensive Plan. Thank you. Bird: Any questions? Come forward, sir. Caliendo: Good evening, City Council. I'm Michael Caliendo -- Bird: Please state your name and address, please. Caliendo: I'm Michael Caliendo. I'm at 2582 West Divide Creek Street. Bird: Thank you. Caliendo: In Lochsa Falls. At the risk of being pummeled by tomatoes and eggs, I came from California. I grew up in Roseville, California. It was a beautiful area of oak trees, farmland, fruit trees, and it was a very rural community, much like Meridian. My job with the federal government moved me up here in 2007 and I came up here hesitantly, but when I moved up here I realized this was Roseville, California, 1970 all Meridian City Council June 6, 2017 Page 22 of 112 over again. What happened subsequent in Roseville -- I watched within 20 years strip malls, tilt-ups, warehouses, and storage facilities down every main boulevard, which took away the hometown feeling. Also when you move in -- I moved into Lochsa Falls because it has the nice roundabout -- it was the only thing out there at the time and everybody says you're crazy to move way out there. Since, then, a lot of development has come around us, as well as a lot of high-density. Traffic is -- my commute to work has gone from 15 minutes to sometimes up to 40 minutes. So, I am opposed to the storage facility. We have one on Linder, one on Chinden, and one on Ten Mile. One additional one -- four in a two Mile area is ridiculous. The other thing is storage facilities do create a lot of crime, like the others have mentioned, and as well as -- I would like to keep the Lochsa Falls community genre the way it was developed and designed and keep it in its integrity. Thank you for letting me speak. Bird: Thank you. Anybody else? Council, what's your pleasure? Continue? Cavener: Mr. President? I'm going to make the assumption -- Sonya, the applicant's not here? They are not here? Bird: The applicant is not here. Cavener: I don't know if the applicant -- if the applicant's here and wants to have the opportunity to provide response or -- I would just like to hear from the applicant as to -- Bird: The applicant has already requested a continuation to June 20th; right? Nary: Mr. President? Bird: This is the second -- this would be the second continuance? Nary: Mr. President? Mr. President? So, planning staff and myself met with the applicant's architect last week on Tuesday and discussed what -- the direction that Council had provided at the previous meeting and for them to be here tonight -- for what -- what was discussed is the potential of -- of changing the application somewhat -- the discussion was on the storage units only, not providing any type of residential component to this, requires some major redrawing of that. To meet our timeline that would have to have been done by Thursday and Mr. Carpenter said there is no way I can do that by Thursday, because there is a bunch of things that we would have to do to make that happen. So, that's the reason for the continuance. So, he's attempting to meet the Council's direction -- again, as one person wrote yesterday and I responded to -- again, I don't know that he can meet that or not. I mean really until he submits an Meridian City Council June 6, 2017 Page 23 of 112 application that we can evaluate it and -- then it either complies with the ordinance or it doesn't, there really isn't any way for the -- the staff to comment on anything. So, that was the reason. When we met with them on Tuesday there wasn't really any adequate time for him to prepare anything to meet this deadline , of -- which was last week. So, that's the reason as far as I know. Why he isn't here tonight I don't know. Milam: Mr. President? Bird: Mrs. Milam. Milam: Well, then, why is it still listed with the multi-family if -- Nary: Mr. President, Members of the Council, Council Member Milam, remember, this is the -- this is the application that's been noticed and vetted. The Council didn't deny the application, you just didn't approve it. So, it's the same application. So, the request, for example, you had tonight is saying let's just take all that out. That would be starting over. That would require a new notice. That would require a remand. We don't even know that that's necessary at this juncture. So, what's in front of you is what's been properly noticed for you to consider. You still have the ability to deny it. You still have the ability to consider it or remand it. That's what we are waiting on is the applicant to see if they have met the requests the Council's had or not. If they have and it's satisfactory to you, then, you can move forward. If it isn't you can deny it. So, it's -- it really hasn't made any decision points, but we couldn't change this, because this is a notice that the public already has received and is required by code . Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Maybe a comment, then, for Council. Or if the applicant is in the building, but is not in council chambers is are they able to meet a deadline that would -- all these people don't have to come back on -- on June 20th and ask to continue it again, because that I do not have the stomach for and so I don't know if -- someone said the applicant is here or isn't here -- if they are here and would like to provide -- and I don't know for Sonya or for Bill that the applicant has indicated that they would be able to adhere to a deadline, so that they could be here on the 20th. Nary: Mr. President, Members of the Council, Council Member Cavener, in the meeting when Mr. Carpenter indicated that he could not meet a deadline of Thursday of last week, we said the following week is a workshop, we by code don't do land use hearings Meridian City Council June 6, 2017 Page 24 of 112 in there unless it's absolutely necessary and, then, the following week, the 20th, is a normal Council meeting. If that's the one we would set it to can he meet that and he told us he could. So, again, if the Council wants to make it very clear that if you do grant this extension you're not getting another one that's certainly within your prerogative and you have done that previously, so -- Cavener: The public hearing is still open. Bird: Come ahead. Forsyth: My name is Jonathan Forsyth. I'm at 2903 West Apgar Creek Drive, Meridian. Last time we were here on May 23rd, you know, we were trying to come to a conclusion on the application that was submitted for having residential and the storage unit. At that time, you know, it was kind of -- I was kind of blown away a little bit, because Mr. Carpenter actually was able to voice his opinion way after every testimony to try and change his application on the spot, which I was surprised was even an option and there is an agreement in place for that area already and, you know, I have been taking time off of work. This is the third time I have been here. My wife and I have been here to try and just hope to plead with you that we can deny this. I mean there is plenty of reasons. We have brought up so many different reasons over the past few times we have been here. I feel that, you know, that it should be declined. Now, Mr. Carpenter agreed last time on the 23rd that June 6th would be sufficient. Why that's changed I'm not sure. But I still feel that that should be sufficient. You know, I -- we are all used to deadlines. You know, you all have deadlines of your own. You know, I -- I, actually, am in home repair and improvement. My customers expect deadlines to be met and I have to do that, whether it's, you know, cutting my budget or hiring extra people to -- to get the job complete. That's just what we are used to doing. So, I mean I would just urge that, you know, everybody be on the same level there. Any questions? Bird: Any questions? Thank you very much. Forsyth: Thank you. Bird: Is there anybody else that would like to testify? Come on. Fisher: My name is Penny Fisher. I live at 2382 West Apgar Creek Drive, directly adjacent to this property. I'm coming to you today with a request to deny this. The reason why is it was one application and as one application I do not feel that we can just choose and pick and choose what part of the project we like versus which one we don't. We have come out -- this is the third time again. What I would like to be -- seen done is Meridian City Council June 6, 2017 Page 25 of 112 that if they do want the storage units they should come as a separate application and, again, it should come through all the Planning and Zoning and go through that, rather than just changing it and saying, okay, yes, is this okay, this is not. So, again, for those reasons I do ask for you to not continue to -- but to deny this project and if he does again if he wants to make him do a new application. Thank you. Bird: Any questions? Anybody else? Last call. Okay. Council, what's your -- what's your pleasure? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: We pretty consistently continue applications at applicant's request without much question. Given this one we had the opportunity to hear from some additional citizens, but I can understand why the applicant wouldn't be here given how consistently we do continue them at their request and so with that I move that we continue Item H- 2017-0007 to June 20th. Bird: A second? Little Roberts: Second. Bird: Okay. Motion and second to continue to June 20th, 2017. Any discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Council Member Palmer brings up an interesting point that we do continue at the request of applicants, as is their privilege. That said, we often have many Consent Agenda items that are a request of development, many of those applicants arrive and sit here in case there is a question from the Council or a request for additional -- or a request for additional feedback and commentary. There is a public hearing that's noticed. If you're the applicant -- if the public has turned out for this -- I am saying I am flabbergasted that the applicant is not here tonight to at least hear from the p ublic and have an opportunity to provide an explanation from their perspective as to why this should be continued. So, I don't know if I'm -- if I'm -- if I would support these -- Bird: Hey. Meridian City Council June 6, 2017 Page 26 of 112 Cavener: Please, no applause. And, again, it's a -- it's a struggle for me to say, yes, let's continue it without that applicant being here to say here is the reasons why. I appreciate the feedback from staff and from Mr. Nary -- I guess Mr. Nary is staff, but I don't know if I'm there personally. Milam: Mr. President? Bird: Any other discussion? Milam: I'm -- I tend to lean towards Councilman Cavener's way of thinking and I -- I wanted to say, you know, first of all, to you, you know, thank you to everybody that came today and, then, you're taking the time and you came a few weeks ago and sat here for hours and hours and we really appreciate that commitment and we think -- I also I believe it is fair to hear out the applicant and -- and to give him a chance to -- to show us the improvements and the changes that he's made in this application. But, on the other hand, I feel it's very disrespectful to you all and to us to be asking for something without even showing a presence. So, I'm on the fence. Bird: Any other discussion? Borton: Mr. President? Bird: Mr. Borton. Borton: You hit the nail on the head, Councilman Woman Milam did and apologies are owed to the public who doesn't have a developer here to at least answer questions for the extension request, whether it's due to architectural or engineering or some third- party that's relied upon -- maybe there is a good reason. We hope there is. I'm supportive of the request to move it to the 20th, but I think I would want the applicant, in addition to addressing all of the concerns that were raised at the last hearing by the public, that the applicant, who probably automatically will, but be reminded to review the hearing from tonight and the members of the public that have shared their concern tonight and be able to be prepared to address those on the 20th. Not being present and giving some justification is probably not the best way to start. The reason for the continuance -- or one of the reasons for the continuance was if there was some mechanism that permitted a portion of the project to pr oceed or not and there wasn't censuses that that was appropriate or even that was possible. But it wasn't the time up here for us to try and dissect that project and the application into pieces and -- not the best way to get -- get the work done. So, if it was continued with reservation that was Meridian City Council June 6, 2017 Page 27 of 112 shared in the open meeting to see if there was some way that might have a viable solution, that clearly has not been decided. I think the continuance to Council Woman Milam's point to at least give the applicant that opportunity to answer that question -- might not be able to answer it. There might not be a solution. But I'm supportive of the 20th and Councilman Cavener's concern that if it were to go to that date, that's got to be the date and if you can't create a solution by then, then, there is your answer. So, I'm supportive of the 20th with those reservations and the direction to the applicant to respond to what the public has shared with us today. Bird: Any other questions? Mr. Clerk. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Maybe a question for Mr. Nary. If -- if this were to be continued, then, this would be the final continuance granted? Does that need to be made in the -- Bird: Motion. Cavener: -- in the motion? Nary: Mr. President, Members of the Council, Council Member Cavener, you certainly can add that to the motion. You could also add if -- I mean the other -- the other impetus many times to get this resolved is if -- if it isn't done you're either not going to grant a continuance or you will grant it or you will consider only a denial. But if you at least put some parameters around that it certainly makes it clear to the applicant what your intention is. Cavener: I don't know if the maker of the motion wants to -- Bird: Maker of the motion want to add that? No. Okay. Call for the question. Mr. Clerk. Roll Call: Bird, nay; Borton, yea; Cavener, nay; Milam, nay; Palmer, yea; Little Roberts, yea. Bird: Motion fails. Fails. MOTION FAILED: THREE AYES. THREE NAYS. Meridian City Council June 6, 2017 Page 28 of 112 Bird: Someone like to run a motion. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I move we continue H-2017-0007 to June 20th and that it be -- however I need to word it, but that we make a decision and that the applicant is made aware of that -- Bird: That it will not be continued again. Palmer: We won't have a continuance. Bird: Is there a second? Little Roberts: Second. Bird: Okay. Any discussion? Call for the question, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. B. Public Hearing for Oxygen Subdivision No. 1 (H-2017-0061) by James A. Kissler, LLC Located 1303 S. Silverstone Way 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on Ten (10) Acres of Land in the C - G Zoning District C. Public Hearing for Oxygen Subdivision No. 2 (H-2017-0062) by James A. Kissler, LLC Located East of S. Eagle Road and North of E. Overland Road on East side of Rackham Way, North of the File Mile Creek 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 4.72 Acres of Land in the C-G Zoning District Meridian City Council June 6, 2017 Page 29 of 112 D. Public Hearing for Oxygen Subdivision No. 3 (H-2017-0063) by James A. Kissler, LLC Located 1260 S. Eagle Road 1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 3.77 Acres of Land in the C-G Zoning District Bird: Item B is a public hearing for Oxygen Subdivision No. 1 and, staff, can we open all of them up on the Oxygen? And C is Oxygen Subdivision No. 2. And Subdivision No. 3. Those three we will open at the same time. Staff. Sonya. Allen: Thank you, Council President, Councilman. I will try to kind of hit these all at the same time. Oxygen Subdivision Sub One consists of ten acres of land. It's zoned C-G and located at 1303 South Silverstone Way, north of Overland Road and east of South Eagle Road south of I-84. This is the vicinity map and short plat for phase one. Phase two consists of 4.72 acres of land, also zoned C-G. The same location generally. And phase number three consists of 3.77 acres of land , zoned C-G also. All of these properties were annexed back in 1995 as part of the development area of the I-84 center, a plan commercial development that never came to fruition . A development agreement was approved in 2015 that included changes to the original provisions of the annexation to accommodate the current development plan . The Comprehensive Plan future land use map designation for this property is mixed -use regional. Each of the short plats before you consist of two building lots and they do all comply with the dimensional standards of the C-G zoning district. All three of the sites do have frontage on Rackham Way, which is currently a local street, at the west boundary of the property. The first Oxygen Sub No. 1 also has frontage on Silverstone Way that is along the east boundary of the site here and there is also a little bit of frontage on East Overland Road. So, ACHD -- we don't have a staff report from them, but I have been in contact with Christy Little and she said that ACHD is requiring the applicant to improve Rackham that abuts the side on the west boundary as half plus 12 feet of a 36 foot wide commercial street with curb, gutter and sidewalk and a temporary turnaround at the end or Rackham with a sign stating the road will be extended in the future . The applicant may need to dedicate additional right of way to construct the improvements. In lieu of improving Rackham Way, the applicant may vacate the roadway and provide cross- access to the parcel to the north. Street buffers are required to be provided along all streets in a permanent dedicated buffer or a common lot depicted on the plat, maintained by the property owner or business owners association. The main issue for Council on these plats is if Council does have a preference one way or the other , if Rackham Way should be improved or vacated, would like to hear from Council on that. Otherwise, no written testimony has been received on these applications . Staff is recommending approval with the conditions in Exhibit B of each of the reports and if you Meridian City Council June 6, 2017 Page 30 of 112 choose not to have Rackham vacated, there are a couple of conditions of approval that would need to be modified, specifically in Oxygen Sub One we would want to modify site specific condition number five, which requires Rackham to be vacated to allow it to remain open and be improved per ACHD standards. In Oxygen Sub Two the site specific condition would be number four that would need to be modified the same. That is all staff has. If Council has any questions. Bird: Council, any questions for staff at this time? Is the applicant here? Thompson: Mr. President, Members of Council, my name is Tamara Thompson, I'm with The Land Group, 462 East Shore Drive in Eagle. Sonya went through real quickly the three and if you're not aware, Silverstone to the north is currently under construction. So, the -- the property owner is the same for all three of these and he's currently constructing that road to the north. So, that will be in soon. This summer. With the -- without having the ACHD staff report and that process to vacate would be a process through ACHD. We would respectfully request that the condition number five on number -- on the short plat number one that that read, basically, the way it is now where it says South Rackham Way that abuts the site shall be vacated and, then, strike the rest of that sentence and say or improve Rackham abutting parcel -- the parcel as half plus 12 feet of a 36 foot commercial street. So, that way we can work with ACHD. The applicant's intent is to vacate and -- but just because that is an ACHD process we would like that or in case that doesn't happen. So, that would be for all three. They all three have frontage on -- on -- on Rackham there. And then -- so that's number one. And, then, number two that would be conditioned number four where that would -- would say that exact same that I -- that I said before, which -- for number one, condition number five. So, number two would be condition number four. And the condition number six on plat two would need to be modified to say if vacated the applicant should coordinate the details of the emergency access with the Fire Department at or near the southwest corner, something to that effect, in case it's not. And, then, number -- number three did not have that condition to vacate or improve -- or to vacate and it seems like we should perhaps add that to the staff report , so it's consistent with the -- with the same language. And with that I will -- we have read the staff report and we agree with the conditions with the modifications that I have just outlined and we respectfully request your approval tonight. Bird: Council, any questions for the applicant? Thanks, Tamara. Thompson: Thank you. This is a public hearing. Mr. Clerk, have we got any sign-ups? Coles: Mr. President, there were no sign-ups for any of these applications. Meridian City Council June 6, 2017 Page 31 of 112 Bird: Okay. Is there anybody that would like to testify? This is a public hearing. Seeing none -- you got a reply, Tamara? Okay. Council, what's your pleasure? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Council, the question is for police. Rackham -- my mic is on. I'm just not eating it. Sorry, Dean. Rackham Way. I live on the south side. To me I see accidents there. I see that as somewhat of a traffic hazard, but I'm not a subject matter expert. Hate to throw out a question to kind of catch you off guard, but thoughts on Rackham Way? Concerns about if it's vacated, support of vacation, any -- any comments to provide? Brown: Mr. President, City Council, Councilman Cavener, I -- I don't have any information to provide you on that right now. Cavener: Thank you. Bird: Any other discussion? Allen: President Bird, Councilmen, if I may add on this. The applicant can only apply to request to vacate the portion that abuts their site. It isn't the entire length out to Overland of Rackham. So, just to clarify. And, then, just another note on that. When -- when the property southwest of this develops at some time in the future, Rackham -- if it remains a public street will likely be relocated further away from the intersection to the east. Bird: Thank you, Sonya. Any other discussion? Questions? Borton: Mr. President? Bird: Mr. Borton. Borton: Sonya, do you have a response to the applicant's proposed language for those modified conditions?. Allen: It was, essentially, the same as mine, so it's fine. Yes. Meridian City Council June 6, 2017 Page 32 of 112 Borton: Okay. Bird: Any other discussion? If not I would entertain a motion to have the public hearings closed. Cavener Mr. President? Bird: Mr. Cavener. Cavener: I move we close the public hearings on -- I'm not prepared. Milam: B, C and D. Cavener: -- in B, C and D. Bird: Okay. Got a second? Milam: Second. Bird: Got a motion and a second to close the public hearings on H-2017-0061, H-2017- 0062 and 207 -- H-2017-0063. Any discussion? If not all in favor say aye? Any opposed? Okay. Public hearings are closed. MOTION CARRIED: ALL AYES. Cavener: Mr. President, I move we approve 10 -B, C and D and include all staff and applicant testimony, including the request for the language related to Rac kham Way on the application. Milam: Second. Bird: I have got a motion and a second to approve B, C and D. Any discussion? Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Mila m, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 6, 2017 Page 33 of 112 E. Public Hearing for Caven Ridge Estates (H-2017-0020) by New Cavanaugh, LLC Located South of E. Victory Road and East of S. Meridian Road 1. Request: Preliminary Plat Approval Consisting of Ninety- Three (93) Building Lots and Seven (7) Common Lots on 32.59 Acres of Land in the R-8 Zoning District 2. Request: Modification to the Development Agreement to Include a New Conceptual Development Plan for the Site Bird: Okay. Next item is E. It's a public hearing for Caven Ridge Estates, H-2017- 0020, and I will open the public hearing and turn it over to staff. Allen: Thank you, Council President, Councilmen. The next application is a request for a development agreement modification and a preliminary plat. This site consists of 32.59 acres of land, it's zoned R-8, and is generally located south of East Victory Road, east of South Meridian Road and north of East Rumple Lane. This property was annexed back in 2006 with a development agreement and included a preliminary plat for Tenana Valley Subdivision, which was later replatted as Cavanaugh Subdivision. Since that time individual parcels have been sold off and are now under different ownerships and are being developed separately, rather than as a single master planned development as originally envisioned. The property north of the canal is almost fully developed with multi-family and single-family residential homes. The property south of the canal, except for a 22 acre parcel on the west side of Standing Timber Way and the four and a half acre parcel where the existing home is located -- and that is -- if you can see my pointer here -- that piece right there -- is owned by the subject developer. Most of the site amenities for this development were located north of the canal and that would be up in this area here and those south of the canal were on the property where the existing home is located that is now under private ownership . For this reason staff requested the applicant submit a new preliminary plat for the remaining area south of the Ridenbaugh Canal owned by this developer that contains its own amenities. Property boundary adjustments have been approved that have resulted in the cur rent property configuration. The Comprehensive Plan future land use map designation for this property is medium density residential, which is three to eight dwelling units per acre. The applicant is requesting a modification to the current development agreement, which encompasses all of the former Cavanaugh preliminary plat to remove the property owned by this developer and proposes a new development agreement just for the subject property and that would encompass the property that's shown on the map -- map on the left side that's a hatched. A concept plan was submitted that depicts how the 47 acres owned by the applicant located on the east and west sides of Standing Meridian City Council June 6, 2017 Page 34 of 112 Timber Way is proposed to develop. A preliminary plat is proposed for the property on the east side of Standing Timber as shown that consists of 93 building lots and seven common lots on 32.59 acres of land in the R-8 zoning district. The plat is proposed to develop in five phases as shown on this map. The average lot size is 10,550 square feet, with a minimum lot size of 6,955 square feet. The proposed revised plat complies with the UDC dimensional standards. The plat there on the left was the one that was submitted originally with the application and to comply with UDC code provisions a nd the staff report the applicant recently submitted the revised preliminary plat after the Commission hearing. Access is proposed by a local street from south -- Standing Timber Way, a collector street, via East Victory Road. Access will eventually also be provided by a Rumple Lane, currently a private street, at the south boundary of this site when the property to the west develops and a signal is planned for the Meridian Road- Rumple -- which will probably be Harris in the future intersection. Until su ch time access via Rumple will be emergency only. A ten foot wide multi-use pathway is proposed as an amenity along the south side of the Ridenbaugh Canal, along the north boundary of the site and that would be this area right up here . Other amenities proposed consist of a swimming pool with a structure containing restrooms and storage , a large open area, playground equipment and internal pathways. All amenities are required to be constructed with the first phase of development. Parkways with detached sidewalks are proposed throughout the development. Fencing is required to be installed between the pathway and the canal to deter access to the waterway for public safety. Conceptual building elevations have been submitted that shows the pool house and also a concept site plan for that area. Concept elevations were also submitted for the homes proposed to be constructed within this development . Commission did recommend approval of this preliminary plat. Kristi Watkins, J-U-B Engineers, the applicant's representative, testified in favor at the hearing. There was no one testifying in opposition. Dennis Bedient commented on the application. And written testimony was received from Kristi Watkins, the applicant's representative in response to the staff report. Key issues of public testimony where the traffic impact of the proposed development on adjacent streets, standing Timber and Victory, without Rumple Lane being improved as a collector street out onto South Meridian Road, State Highway 69. The applicant only has 25 feet of frontage on Meridian Road, which isn't enough width to construct a public street. So, that's why they aren't proposing a public access. Key issues of discussion by the Commission was the reconfiguration of the southern portion of the plat to comply with block length standards. As you can see here previously this was just one long block face along here and the applicant has broken that up some with these two cul-de-sacs and provided a pathway here on the south side of Pisa to break up the length. Another issue of discussion by the Commission was the concern that providing street frontage through the common area for the outparcel where the existing home is located will reduce the amount of qualified open space, which currently Meridian City Council June 6, 2017 Page 35 of 112 exceeds the minimum requirement at 12 -- 12.6 percent. There is a condition in the staff report that the applicant provide detailed calculations on the open space to verify that its qualified open space calculations are met. The Commission did include one change to the staff recommendation and that was a condition that street frontage via a local street is provided for the outparcel where the existing home is located. Direct access via Standing Timber Way, a collector street, is prohibited. The applicant has -- the applicant has provided street frontage right here to this outparcel as required. A couple of outstanding issues for Council tonight. The ACHD commission held a hearing for this project on May 24th and continue d the project to their June 21st meeting due to concern the project won't have public access via South Meridian Road, State Highway 69, via Rumple Lane. Only emergency access is proposed due to the lack of right of way for a public street. Staff did speak with ACHD staff regarding this matter and staff didn't expect their draft conditions, which are included in the staff report, Exhibit B, section seven, to change as this property just doesn't have enough frontage on Meridian Road for a public street to be constructed. Secondly, the applicant requests a waiver to UDC 11-3A-6A to allow the Ridenbaugh Canal to remain open and not be piped due to the large capacity of the facility and , lastly, include revisions to the staff report as noted in the memo to Council from staff based on the revised plat. You should all have that before you tonight and it is part of the public record . There has been no written testimony received on this application since the Commission hearing. Staff will stand for any questions. Bird: Any questions for Sonya at this time? Is the applicant here? Watkins: Thank you, Council President Bird, Council Members. Thank you, Sonya. That was very detailed. She doesn't leave me with a lot left to talk about, but the developer intends to develop this portion of the project similar to that which was originally approved in 2007. It's intended to compliment the existing single family residence uses that are already there. They own what is now Caven Ridge Estates Phase One. It's almost completely built out and they i ntend to continue this quality development in the future phases of this project. They intend to work with the builder that will provide the same quality of homes and intent to install all the attractive amenities that she listed. I'd like to address the three key issues that were in the summary on page one of the staff report that she reiterated. Bird: Ma'am? Before you go any farther would you give your name and address, please. Watkins: Oh, I'm sorry. I'm Kristi Watkins with J-U-B Engineers. Meridian City Council June 6, 2017 Page 36 of 112 Bird: Thank you. Watkins: 250 South Beechwood Way in Boise. Bird: Thank you. Sorry to interrupt. Watkins: Totally missed that one. So, Item C-I . The reconfiguration of the southern portion of the plat to comply with the block length standar ds, we did resolve that issue and just today we added another pathway as was noted in the memo that you received this afternoon between Lots 51 and 51 to decrease that even further. Item C -ii -- C-2, concern providing street frontage through the common ar ea for the outparcel where the existing home is located, they were afraid that it would reduce the amount of qualified open space. I have not had the opportunity to recalculate it, since we added the pathway between Lot 51 and 52. Before we did that this afternoon we had only decreased the open space by one percent, which took it down from 12.6 percent to 11.6 percent, so we didn't go below the ten. Now having added this pathway back in it's going to go back up. So, we did not go below the ten as far as we can tell. E-1. The ACHD commission held a hearing on the 24th and, then, choose to continue it to June 21st to address some additional concerns. I have three -- three points to make towards that. One, the area on Rumple Lane that would need to be improved is not fronting the applicant's property, nor any other property that they own, so they cannot improve property that does not belong to them. Two, the applicant only owns 25 feet width of the south side on Rumple Lane. This was originally provided as part of the property to create frontage that was needed on Meridian Road to make it a legal parcel when all of those properties were divided out and given two different owners. It's been noted that 25 feet is not enough width to construct a public street or even a safe access way according to ACHD standards. And, three, the applicant has agreed to ACHD's requirement for future improvement of Rumple Lane. They will be dedicating that 25 foot portion of Rumple Lane to ACHD and contributing to a trust for future improvements and a trust to the traffic signal that will be installed at Meridian and Harris . We have done our best in the past few weeks to work with staff and address all the issues that have come up. We intend to comply with the conditions that are set forth in the staff report and that were presented by other agencies that were involved with the review of this project. We appreciate your time this evening and we will stand for any questions. Bird: Any questions for Christy? Not at this time. Thank you. Watkins: Thank you very much. Bird: Mr. Clerk. Meridian City Council June 6, 2017 Page 37 of 112 Coles: Thank you, Mr. President. Brenda Walther signed up as a neutral, but would like to provide testimony. Walther: Mr. President, Council Members, Brenda Walther. I live at 661 East Ionia Drive, the north side -- north side of Ridenbaugh Canal. Right across from where the proposed is to start. Okay. The proposed is on the south side and I live on the north side. And I'm not opposed to this subdivision at all. The concern that I have is with a copse of trees -- I have -- I'm not very literate here, so I got pictures and I can give them to the City Clerk when I'm done. Oh, you can? This is the view from my second story window and as you can see -- well, I'm looking right across the canal at where there is going to be some houses and I know that there is going to be some houses there. Just to the left of me is a copse of trees, very wild copse of trees with good ground cover, scrub brush, and an amazing amount of birds in there and each morning I wake up, I -- I can give you a -- if can work my phone -- the wildlife that is in there is not stuff that -- okay. It's sideways, but this is the view. To the right as the copse of trees and look -- okay, there we go. And you're looking -- I'm looking directly like right in the middle there, so there will be houses there and, then, to the -- I mean to the left is the copse of trees, to the right is the development that's already going in and what I'm concerned about is the birds that are in there and I have -- I will just see if I can -- can you hear that? Come on. Okay. Never mind. Okay. There is the Goldfinch. I know there is two nesting pairs in there. And in the winter, actually, if anybody knows about Goldfinches in the winter, we had a dozen Goldfinches wintering in there, which I am very surprised, because they usually leave Idaho for the summer. We also have the hummingbird. I think this is the broadtail. We have a pair of broadtail. And we have at least two pairs of -- this is the Black-chinned -- this is the Black-chinned hummingbird and we have those in there. In the winter mostly we have the black crowned sparrow. There is a whole flock of those in that copse of trees. And we have a whole flock of quail. Our lovely quail. And why I like that copse of trees, compared to what I call green desert where there is lawn and trees, is because a lot of these birds need cover. They need the scrub brush. They need the brush. So, if you have got a green lawn with a bunch of trees, they are not there and there is a spot -- it's called -- I call it the green desert, that they have put in right before you get to that subdivision to take the place of the trees that they already took off the canal and I call it the green desert, because there is nothing there, except pocket gophers and people with their dogs walking. And I will real quickly -- we house finches. They are the second songbird. The Goldfinches are a beautiful song bird and, then, we also have red-winged blackbirds that are back there and we Jonquils that winter there. And also this guy was sitting on my fence. He comes hunting. Of course with wildlife you got the Cooper hawk -- this is the Cooper hawk that comes and hunts and every once in a while leaves a pile of feathers. Meridian City Council June 6, 2017 Page 38 of 112 Bird: Madam, would you, please, wrap of. Walther: Okay. Bird: Your time is up. Walther: And, then, the last guy is the peregrine falcon. I have seen him in the trees hunting, too. And so I'm just saying that with that copse of trees, this is about the birds and I wanted to raise this issue and speak for the birds, to try to keep that copse of trees, because they don't have a voice here and , hopefully, we can preserve their homes while building a bunch of our own. Bird: Thank you. Any questions? Milam: Ma'am? Cavener: Mr. Chairman? Bird: Ma'am. Milam: Sorry. Mr. President. Oh, I -- Bird: Mrs. Milam. Milam: -- did have a question for you. Are those all photographs that you took? Walther: Yes. No. No. No. No. No. These are photographs that I got off the internet. Milam: Those are some amazing photographs. Walther: Thank you. It's amazing to hear these birds and see them there and this copse of trees has got the scrub brush and t he snag and the -- you know, different things and I was thinking, you know, we don't -- I can't see any other place along this canal right there and it also -- just to -- it also -- there is space for that walking path to be continued from one end to the other in front of that copse of trees. Milam: Could be a nice addition I see. Bird: Thank you. Meridian City Council June 6, 2017 Page 39 of 112 Coles: Mrs. Walther, I will actually need those -- those photographs. Walther: Oh. Sure. Bird: Mr. Clerk? Coles: Thank you, Mr. President. Brett Walther also signed up to testify. B.Walther: Good evening. Thank you, Council. My name is Brett Walther and I'm Brenda's husband. I also live at 661 East Ionia, conveniently. I'm not going to repeat what Brenda said. I just want to add a couple of points from my perspective. We moved in there last year to East Ionia. We are just across the canal from this development. And we -- we have loved living in Meridian. We lived in Boise for 22 years. Came out to Meridian. Enjoy it very much. And one of the benefits I didn't expect was the sounds in the morning or the evening and we truly enjoy that every day and the invocation was interesting, because they spoke about our increased growth and we are losing our small town feel. This little island of life will be gone forever and so will all the birds and we do that in subdivision after subdivision after subdivision and eventually we don't have these sounds anymore. They are gone. We don't have this enjoyment. I totally understand developers have to make a living, that council members have to control growth and accommodate as best they can . All I'm asking is somehow with all these smart people from the developers, through Council and the city, that they find a way to approve this subdivision -- and it's a nice subdivision -- that allows a small island for wildlife and, really, that's our only point is -- is it's -- it's a huge benefit. It doesn't just benefit the birds, it benefits the people, all the neighbors that really enjoy this area and the benefits it provides and just asking that that be considered. Bird: Thank you. Any questions? Thanks. Cole: Next Patrick Thomas signed up to testify. Thomas: Good evening, Council. My name is Patrick Thomas. I live at 3360 South Andros Way in Meridian. I'm on the board of directors of the Redtail Homeowners Association, which is directly south of this -- of the Caven Ridge Estates Subdivision. Directly north. I'm sorry. And I want to get to -- okay. First let me state that we are not opposed to the subdivision. What we are opposed to is the completion of the subdivision without completing Rumple Lane to Meridian Road and what that's going to do -- that's going to cause a lot of traffic on Victory Lane. It's going to flood Victory Lane. Victory Road. Let me go over this map here real quick. This is the subdivision Meridian City Council June 6, 2017 Page 40 of 112 right here in yellow. Can you see this? Okay. This is the subdivision here. This is the Ridenbaugh Canal in blue. This is the portion of Standing Timber that the developer is going to complete. It connects to Rumple Lane. But, then, a portion of Rumple Lane that they have proposed completing only connects to Windstone, which is connecting to the Reflection Ridge Subdivision. We would like them to complete this portion in red to Meridian Road. And so Reflection Ridge Subdivision is outlined in orange on this map. There is right now only one access point to Reflection Ridge and that's Wrightwood Drive that's down here outlined in black. So, what will happen when they complete this section of Caven Ridge, these 93 lots, they are going to complete this section of the road right here in brown, which will connect to Reflection Ridge. So, what's going to happen is not only are all these homes in Caven Ridge going to go down Standing Timber to access Victory Road, but you're going to have a good portion -- a majority of the Reflection Ridge that are going to go down there as well and it's just going to bottleneck Victory Road. And, then, as you can see, you know, Reflection Ridge, it's a lot easier to go direct north to get to the highway down Standing Timber here than it is to go south, this direction. South to Wrightwood Drive to access Locust Grove and, then, you have about a mile of Locust Grove to traverse to get to Victory Road and, then, you have another mile either east or west, to get to Eagle or Meridian Road and so you can see where a lot of the Reflection Ridge homeowners are going to go and one other thing I want to point out -- for the traffic study, they considered Victory Road -- Thompson Engineering, the company that did the study, they considered Victory Road a three lane arterial. If you look at Victory Road, it's only a three lane arterial from Meridian Road east a half a mile. It's a two-lane arterial farther east than that and, of course, on the west side of Meridian Road it's a two-lane arterial. So, that's important, because they use that to determine what the peak p.m. hour count limit is for a three- lane arterial. Seven hundred twenty vehicles. For a two lane arterial it's 575. So, that's kind of an important distinction. And what we want to point out is that when the Thompson Engineers did their traffic study they were looking only at Caven Ridge, what impact Caven Ridge would have on Victory Road. What we are saying is that it's just not Caven Ridge, we have these 38 lots here in Caven Ridge that are already underway. There are approximately a hundred unbuilt lots in Cavanaugh. There are 31 lots in Bannock. Silverwater has three separate subdivisions -- Bird: Sir, can you summarize. Your time is up. Cavener: Mr. President -- Thomas: I have ten minutes. Bird: Oh. Okay. Meridian City Council June 6, 2017 Page 41 of 112 Cavener: I think he's with the HOA. Thomas: I'm with the HOA. Bird: Okay. Thomas: There are a hundred -- approximately 133 lots in Silverwater. So, you have all these subdivisions that are coming into play into Victory Road. But the -- the study was really focused on Caven Ridge only and I'm going to go over some of their numbers here in a second, too. Okay. Subdivisions. Oh. Another thing I want to point out, too, is Bannock Subdivision and the three Silverwaters access Victory Road at a two-lane arterial, not three-lane arterial. Okay. Second slide. This is from page 23 of the full Thompson Engineering report and it basically shows the same subdivision and they stated it's likely that traffic from existing subdivision may use the roads and in Caven Ridge to access Standing Timber Way and Victory Road, as that provides a significantly shorter route to the signal light at Victory Road and Meridian Road. So, they are, basically, saying that Caven Ridge is going to access this way. They are not going to go -- even though it's connected to Reflection Ridge and that's the second access point, they are going to go in this direction and so it's clear that Reflection Ridge will do the same thing. So, this is from their study they are kind of agreeing with, you know, what we are saying here. This is from page three of the ACHD report and it's copied from the Thompson Engineering study. It shows the peak p.m. hour traffic count on Victory Road on January 26th, 2017, was 599. Now, they are stating that this is acceptable level of service for a three lane minor arterial of 720, but it's above the 575 two lane arterial spec limit. In this section of the ACHD report Thompson Engineers estimates the peak p.m. hour impact the proposed development would have on Victory Road . So, they state the additional 93 lots in Caven Ridge East, the proposed development, will generate 93 additional peak -- p.m. peak hour counts based on the Institute of Transportation Engineers Trip Generation Manual, 9th Edition. And this is their statement here. So, each new lot will generate one additional peak p.m. count. A one- to-one ratio. So, if we add those 93 lots to the 599 empirically collected data that they had, that's 692. That's getting close to the 720. And, then, in this section here titled conclusions of the full Thomas Engineering report , this is on page 27, they estimate the peak p.m. impact Caven Ridge Phase One 1 and Caven Ridge East would have on Victory Road. A total of 138 lots. So, when you add those to the 692, you come out with 730. It's ten above the limit and now we are not even counting the other subdivisions that I mentioned. So, if we add those other subdivisions in, then, you look at this spreadsheet here, the left side here is for a three-lane arterial limit. There is three different scenarios here. So, if you look at Caven Ridge East, the 93 lots added to Meridian City Council June 6, 2017 Page 42 of 112 the empirical data, that's 692 total p.m. peak hour traffic counts. You add Caven Ridge phase one, that's 38. Now, you're at 730, like I mentioned before. You're ten above. If you add about 80 percent of the Reflection Ridge lots -- there is 240 lots in there -- about 80 percent coming down Standing Timber into Victory, that's 192 lots. Now you're at 922. You add the Silverwater Subdivisions, another 133, approximately. You can see what happens. Add Cavanaugh there is another hundred there. Add Bannock, 31. Now, we are at 1,186 peak p.m. counts. That's 435 above the 720 limit. So, what they're doing is that, you know, the contractor that was hired looks only at Caven Ridge, not at the rest of these subdivisions that are going to impact Victory Road. If you look on the right side, this side here, for a two-lane arterial of 575 limit, now we are 580 hours above that -- 580 p.m. peak hours. Now, if Rumple Lane were completed now, we are saying that most of Caven Ridge and all of Reflection Ridge now will go Rumple Lane to Meridian Road. It's a lot easier to take a right turn on Meridian Road than it is to go down Standing Timber to Victory, take a left turn across traffic and, then, access Meridian Road. So, if Rumple Lane were completed now, Caven Ridge and Reflection Ridge would go that direction. So, that would take them out of the equation. The total number of hours now above the limit is only 112 . It's still above the limit, but it's much better than the 435. If you look at it as a two-lane arterial, you're at 257. It's pretty high. Now, all these homes are not going to be completed right away. The immediate impact, though, is going to be the Reflection Ridge lots -- homes, because those are -- a lot of those are done and, then, Caven Ridge Phase One and Silverwater Three. So, right away, as soon as they pave the roads in Caven Ridge East, you're going to have 151 excessive peak p.m. hours. Now, one more issue to discussion that was not included in the report that we gave to ACHD last month. The traffic study was done in January. There were 23.7 inches of snowfall between the 1st and the 26 th. I'm sure you're all aware of that. There were 4.3 inches that fell the five days before the 26th when the Victory Road data was collected. ACHD did not clear any of the side streets in January, so all were barely passable. Was January 2017 an ideal of time of year to be doing a traffic study? And, then, last -- we know from last month -- last month's ACHD hearing that the commission cannot f orce the developer to complete Rumple Lane. However, we believe the data we present provides sufficient -- sufficient legal justification for the denial of the developer's proposal. Basically, the infrastructure is not sufficient. It can't handle all that traffic. In addition, based on the total number of homes that will access Victory Road, we recommend that ACHD take a serious look at changing the 2026 to 2030 capital improvement plan -- improvements plan for Victory Road between Meridian Road and Locust Grove from a three-lane arterial to a five-lane arterial to be able to handle this traffic. That's it. Any questions? Bird: Any questions? Meridian City Council June 6, 2017 Page 43 of 112 Milam: Mr. President? Bird: Mrs. Milam. Milam: I don't have any questions, but I was very impressed with the work that you did and good job on -- on that presentation. Thomas: Thank you. Milam: So, that's really interesting. And I don't think that any studies that happened in January should count towards anything, because p eople weren't driving and they couldn't drive, so -- and they stayed home if -- unless they had to be somewhere. Thomas: Even then they had 599 peak p.m. counts on Victory Road, so -- Milam: Yeah. Thomas: -- even restricted as well. Milam: Thank you for your presentation. Thomas: You bet. Cavener: Mr. President? Bird: Mr. -- Cavener: Appreciate your testimony representing your HOA. I say this a lot. Serving on an HOA board is a labor of love and so I appreciate -- I have been in those trenches myself. So, thank you for serving in that capacity. Our process is really designed to encourage interaction between the applicant and stakeholders and it's very evident that you have put in enough time and energy and resources into this presenta tion. Have you shared that with the applicant and what has their response been? Thomas: No, I have not. We, actually, went to ACHD to the meeting last month. I think it was the 24th. And they said there was really no legal grounds to stop them. So , we wanted to present data that would give them legal grounds. So, we looked at it from, you know, the peak p.m. hour counts and that it would exceed. So, there is another meeting scheduled for tomorrow and at noon and we plan to attend that. Although we are not sure we are going to be able to testify. We were told we may not be able to Meridian City Council June 6, 2017 Page 44 of 112 testify. So, I sent them an e-mail. We just found that out about three hours ago, that there is a meeting tomorrow and I don't know why they would do something like t hat, but -- anyway. I sent them an e-mail, said we have some more data, you know, we would like to present this data and this is this numerical data that I presented tonight. So, hopefully, we will be able to do that. Cavener: And I appreciate you sharing this, because oftentimes we get a 300 foot view and are trying to run that with a 3,000 foot view and you definitely put a lot of information together. So, thank you for presenting here tonight. Thomas: Sure. Any other questions? Bird: Thank you. Mr. Clerk. Coles: Denny PB and signed up against. Does not wish to testify. And that concludes the sign-ups. Bird: Okay. Is there anybody else that would like to testify? The applicant? Christy, would you like to -- Watkins: Thank you, Mr. President, Council Members. I'm going to start in order. As far as the trees are concerned, the city arborist did do a site visit out there and they categorized the trees that are along that easement as trash trees. So, they will probably be removed. But they will be replaced by UDC approved trees, according to city standard spacing along the pathway and we can't put the pathway inside the -- the access road to Nampa-Meridian and so where the pathway will run will go pretty much right through where those trees are located. So, they will be moved outside of that and we will be replacing them with trees that will be more appropriate for the area . So, hopefully, the birds will come back. That's the best we can do. As far as the traffic goes, our traffic engineer is here. The gentleman that prepared the traffic study is here, so if you have any questions for him he would be happy to come and address those . The proposal is that this phase -- these phases will be built out over the next two to three years, possibly. Like he mentioned, the -- the houses will not, obviously, all be built at one time, but, hopefully, over that period. We do not know what the intention is from the property owner to the west, whether or not he plans to develop or to sell at some point. So, it's -- it's unclear as to when Rumple would be developed , although we would hope that as this one becomes more built out , that he would choose to continue on with the development and, then, improve Rumple. Do you have any questions? Bird: Any questions for the applicant? Mr. Borton. Meridian City Council June 6, 2017 Page 45 of 112 Borton: Mr. President. Did I hear you right that the proposed ACHD conditions of approval you are in agreement with? Watkins: We are. Yes. One of those conditions includes the dedication of tha t offsite portion that you don't control. Watkins: No. No. We have a 25 foot width that goes along the southern section of Rumple and we would be dedicating that portion. Borton: Okay. Watkins: From the boundary of this preliminary plat out to Meridian. Borton: Okay. Thank you. Bird: Any other questions? Borton: Mr. President. Sorry. Bird: Go ahead. Borton: To that point, then, what was ACHD's concern that there might not be access to Meridian Road if you were willing to do that -- agree to that condition? Watkins: Well, the issue -- the issue is that we only have 25 feet -- Borton: Right. Watkins: -- and that's not a safe -- safe enough width to improve and we can't go about improvements on the north side, because we don't own the property. Borton: Right. Watkins: And so, basically, they would just hold that piece in reserve until that west side would develop out and, then, they would work in conjunction with that property owner to build the full width of the road. Borton: By they you mean ACHD. Meridian City Council June 6, 2017 Page 46 of 112 Watkins: ACHD. Because we would be putting money into a trust for future improvements that would improve that portion at some point when it is wide to be safe. Borton: Mr. President. And until that time the access to Meridian Road would not exist? Watkins: It's an emergency access currently. Borton: The general public couldn't utilize it -- basically, it doesn't exist for the intent and purpose of the residents. Watkins: I couldn't say if they can or can't. They do. Whether or not it's legal I don't know. Borton: Oh. An unimproved dirt road. Watkins: Basically. Yes. Borton: Okay. Bird: Any other questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: In light of probably the most thorough presentation about birds this Council has -- has heard -- and I appreciate your intentions in bringing in the city arborist to provide an expert on -- on trees, oftentimes what we see in our community is long- standing trees get removed because they are identified as a trash tree -- Watkins: Uh-huh. Cavener: -- and they are replaced with a very small tree that will take a significant amount of time to get back to its level of growth. Watkins: That's true. Cavener: I'm hoping that you can provide some clarity to the Council as to the intentions for what the trees are going to look like that are replaced. Should we expect Meridian City Council June 6, 2017 Page 47 of 112 that they are a small sapling is the word that comes to mind -- as opposed to a -- a more established tree? Watkins: Well -- Cavener: And I only bring that up because of -- I think a very valid concern brought by some of our residents. Watkins: I don’t disagree and I have actually attended quite a few hearings where animals are a huge topic. So, that was not a surprise to me, actually. As far as the landscaping goes, you know, it's a pretty standard landscape plan as far as what the city -- city's requirements are. If there is something that needed to be larger scale, I'm sure that we can work with staff on those types of conditions to make sure. I can't answer for the -- for my client at this time as to the size of trees that he would be willing to put in there. They would have to work with their landscape architect to decide as far as the root balls and that kind of thing what could be placed there. But I don't think that that's out of the question. Cavener: Great. Watkins: Okay. Bird: Any other questions? Thank you, Christy. Watkins: Thank you. I'm sorry, would you like to hear from our traffic engineer? Bird: Would you guys like to hear from the traffic engineer? Borton: Mr. President, I would -- Bird: I would, too. Borton: -- at least to the -- answer the question of traffic counts in January versus another month and -- Watkins: Okay. Great. Borton: It would be helpful to -- Meridian City Council June 6, 2017 Page 48 of 112 Thompson: Good evening. My name is Dan Thompson with Thompson Engineers. Business address at 181 East 50th Street in Garden City. Yeah, it was a tough winter for everybody. We actually had to delay the counts on -- for this project a couple of weeks until we actually had a small window that we could get it in there. When we did the counts we had some historical counts from ACHD on their website from '15 -- I think '15 and '16 and we compared our counts to those and in every case we were above their counts. Some of their -- their counts were taking at all different times of the year. So, in our professional opinion those -- we deem that the counts we had were acceptable. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Can you share with us -- you said you had a small window of -- of time. Maybe you could share with us what the road conditions were like during that small window. I can't remember a small window of time in which it was easy to get out of my neighborhood in January. Thompson: Yeah. I really can't remember off the top of my head exactly what we had, but it was -- we had a break in the weather, very short, that we deemed we could at least try and when we took the weather and got the counts we compared it to this historical counts that we had. We didn't have exact turning movement counts at those intersections, but we deemed they were acceptable. And they were accepted by ACHD. Bird: Any other questions? Thompson: Thank you. Bird: Thank you. Council, any questions for staff? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I see Mr. Lucas has joined us yet again and I'm hoping maybe I can pick his brain, if he is willing to -- to share some of his expertise with us. And it's -- as he's coming I will ask the question. I'm sure he will articulate things much better than I am capable of. But I'm fascinated with doing traffic count in the middle of Snowmageddon Meridian City Council June 6, 2017 Page 49 of 112 and we have had ACHD here many times to provide us an update as to the many challenges that your department -- or the ACHD dealt with during the month of January and I'm just curious did you guys do any type of traffic counts during the month of January and were they on par with what you were expecting? Lucas: For the record, my name is Justin Lucas. I represent the Ada County Highway District. Business address is 3775 Adams Street in Garden City, Idaho. Mr. President, Councilman Cavener, I'm not intimately involved in our traffic count program, so I probably am not qualified to answer that question. What I can say is that the ACHD staff who is responsible for reviewing traffic counts and traffic impact studies, reviewed what was submitted and accepted what was submitted by the applicant. Much more than that I really can't provide much -- much commentary. I apologize. Bird: Any other questions for Justin while we have got him on the hotspot? Thanks, Justin. Appreciate it. Council, what's your pleasure? If you have no more questions or anything in the public, I would at least entertain a motion to close the public hearing. Borton: Mr. President? Bird: Mr. Borton. Borton: Move that we close the public hearing on Item H-2017-0020. Little Roberts: Second. Bird: I have a motion and a second to close the public hearing. Any discussion? Hearing none. All in favor say aye. Any opposed? The public hearing is closed. MOTION CARRIED: ALL AYES. Borton: Mr. President? Bird: Mr. Borton. Borton: The Planning and Zoning Commission in the process has done a good job addressing a lot of issues with this project. The Commission In particular addressed some of those concerns that the applicant made note of. So, I would move that we approve Item H-2017-0020, to include the staff memo, proposed edits to the conditions of approval from June 6th, that address condition of approval 1.2.1 and 1.2.2 and with regards to the Ridenbaugh Canal, that the applicant be provided a waiver to UDC 11- Meridian City Council June 6, 2017 Page 50 of 112 3A-6A to allow the Ridenbaugh Canal to remain open due to its large capacity of that facility. Palmer: Second. Bird: We have a motion and a second. Any discussion? Milam: Mr. President? Cavener: Mr. President? Milam: Go ahead. Bird: Mrs. Milam. Milam: I have no problem with this development, but I -- I still am like feeling for those birds and I don't know if there is any way to allow that to -- to remain or how -- it's hard to tell by the pictures like how large that is, if it's going to interrupt the -- the development or if they could both live harmoniously with each other. I guess I should have asked that before we closed the public hearing, so -- otherwise that was turning into a question. Maybe it's a question for the rest of you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, I'm probably the last person on earth that would be accused of being an environmentalist, but there -- there has been two times in Idaho when I have noticed and appreciated birds that weren't ju st brown. One time I saw a mountain blue bird. It was really cool. And yesterday in my front yard -- in a tree in my front yard I saw one of those bright yellow birds and I was like, hey, look at that and I live in your subdivision. I imagine it was there because that tree is infested with aphids, that tree is going away, but I -- they are not just in those trees. They are -- there is a ton of trees in these developments, thanks to our requirements. A lot of them are really young, because a lot of -- of the development is young, but they are surviving, you know, throughout the neighborhoods and not -- I imagine not just in that clump of trees right there. So, I'm hoping to still see them as well in the future and I imagine they will stick around. They might just find some other trees while I feed them my aphids right now. Cavener: Mr. President? Meridian City Council June 6, 2017 Page 51 of 112 Bird: Mr. Cavener. Cavener: Question for the maker of the motion. Council Member Borton, the applicant had indicated a -- a willingness to engage with staff and work through to make sure that the type of foliage that goes into that development is supportive of the natural bird wildlife. I assume that in your motion is including staff to work with the applicant on sufficient foliage or not? Borton: Mr. President, it is to the extent that that was the representation that that co- operation -- those efforts would be made. Cavener: Just looking for clarification. Thank you. Borton: Mr. President? Bird: Mr. Borton. Borton: For further discussion -- to Council Woman Milam's point, I think the Walthers brought up a good point, whether a particular tree in this project is saved or not, but -- but Mr. Huff, in our arborist's review, you know, to take into account not only the condition of -- of trees, but perhaps the -- the creatures that live within them and -- and maybe there is an opportunity in the particular development that that -- there can be a request that a -- that's an amenity within the project. At least to have us be open to the idea. It may or may not make sense in certain situations, but I thought an interesting perspective to -- to remind us to think of those types of things as well . So, we appreciate you sharing that. Bird: You know, the sad part of development and stuff is the wildlife and stuff, you know. Most of these subdivisions that we have approved over the last 20 years in the '60s and '70s I shot a lot of pheasants in and it -- it's sad, but, you know what, if it hadn't have been for development and stuff, most of us wouldn't be able to live here. You got to make a living first. And while I love seeing beautiful animals, birds and stuff, they seem to adapt. You go into the subdivisions and we still got the little quail running around, if you can keep the cats away from them. So, it's sad that we have taken away a lot of the area for our wildlife -- and not just birds, but your mountain lions, your coyotes, everything else have been pushed farther back and now they are starting to come back into -- into our subdivisions and stuff. So, it's sad that we have to do this, but I guess it's life, you know. Call for the question, Mr. Clerk. Meridian City Council June 6, 2017 Page 52 of 112 Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. F. Public Hearing for Hastings Subdivision No. 3 (H-2017-0032) by Encore Development, LLC Located 2100 & 2160 W. Everest Lane 1. Request: Combined Preliminary/Final Plat Approval Consisting of Eleven (11) Building Lots on 3.48 Acres of Land in an L-O Zoning District 2. Request: Modification to the Existing Development Agreement to Remove the Number of Buildings that can be Constructed Within the Development Bird: Item F, public hearing for Hastings Subdivision, H-2017-0032. I will open the public hearings and turn it over to Sonya. Allen: Thank you, President Bird, Council. The next applications before you are a request for a combined preliminary and final plat and a development agreement modification. This site consists of 3.48 acres of land, zoned L-O, located at 2100 and 2160 West Everest Lane. This property was annexed with a development agreement back in 2002 and included in the plat and planned development for Lochsa Falls Subdivision. The property was rezoned L-O in 2006. The Comprehensive Plan future land use map designation is mixed-use community. The applicant requests a modification to the development agreement to remove the number of office buildings that can be constructed within the overall Lochsa Falls development. It's currently restricted to a maximum of 11 and that is over the entire purple area that you -- you see there on the -- the map. A combined preliminary and final plat is proposed. Preliminary on the left, final on the right, that consists of 11 building lots on 3.48 acres of land in the L-O zoning district. This is a resubdivision of Lots 44 and 45, Block 49, of Lochsa Falls Subdivision No. 12. The proposed plat is in compliance with UDC standards. A ten foot wide landscaped street buffer and sidewalk is required along West Everest Lane, a private street, as proposed. A cross-access easement is proposed between all lots within the subdivision. The Commission did recommend approval of the -- of the combined preliminary and final plat at their Commission hearing. Kelly Kehrer, KM Engineering, testified in favor at the hearing. No one testified in opposition. Tom Mannschreck and Robin Findell commented. Written testimony was received from Cheryl Walston and Josh and Sarah Lidell, Thomas Mannschreck and Tom Rudd. Key Meridian City Council June 6, 2017 Page 53 of 112 issues were the existing access, parking and high traffic volume in this area via Everest Lane, a private street. Key issues of discussion by the Commission was the ownership of Everest Lane and possible solutions to traffic and parking issues. These were not created by this development. Commission changes to the staff recommendation. The Commission added the DA provision requiring the property owner to install no parking signs along Everest Lane and paint the curb red signifying no parking adjacent to this property. There are no other outstanding issues for Council. Written testimony since the Commission hearing was received from Tina Gosney regarding adequate on -site parking for the development should be provided. Staff will stand for any questions. Bird: Thank you, Sonya. Any questions for Sonya at this time? Is the applicant here? Kehrer: Kelly Kehrer. KM Engineering. 9233 West State Street, Boise, Idaho. And Sonya did a great job of doing a quick recap and from the public testimony that had been received and what we reviewed, it -- it really looked like the issue was less a traffic issue and more of a -- a parking issue from the -- from the neighboring subs spilling out into the roadway where you are having parking along the -- along the street narrowing it down further. Obviously, we are planning on providing adequate parking for our development. In fact, more so than what's provided in code. And so beyond that we agree with the conditions within the staff report and I'd be happy to stand for any questions. Bird: Any questions? Thank you -- Kehrer: Thank you. Bird: -- very much. Any public hearing? Coles: Thank you, Mr. President. Tom Mannschreck signed up to provide testimony. Mannschreck: Thank you, Mr. President, Members of the Commission. Tom Mannschreck. My business address is 413 West Idaho in Boise . My wife and I own about a 10,000 square foot office building at 2270 and 2280 Everest Lane in the business park just west of this development. I'm speaking on behalf of the other owners in the office development. We are -- and also on behalf of Challenger School. I'm not making financial representations, but just as -- as concerned neighbors. First and foremost we support this subdivision. Most of the businesses in the Everest Business Park are destination consumer-type businesses and so having more development in the area is -- is very good for business. There is no question about that. We acknowledge that there is an existing parking problem. We acknowledge and probably speculate that Meridian City Council June 6, 2017 Page 54 of 112 Everest Lane, it being looked at today, would not be developed as a private road. It has no curb, no -- and is simply a very narrow road section and we acknowledge there is both an existing parking problem and traffic volume problem on Everest Lane. There is no question that whatever gets developed in that vacant space between our office park subdivision and Challenger School will increase the traffic and I don't know that -- that a number of smaller office buildings or one large office building will make any difference in that regard and the existing condition is not one the developer created. But it's also very clear that any exist -- any additional development will add further burden to that private road. That burden has been noticed by both Meridian Fire Department and the planning department. There is an e-mail exchange amongst your staff acknowledging that there are -- are safety issues out there. It's very clear under the Uniform Development Code that one of the things the Planning Department can request in a subdivision request such as this is for a traffic study and the language in the code says traffic and parking study. We have discussed that with the developer. I'm authorized certainly on my behalf and others, to participate in that study financially, to help shape that study to -- to deal with the existing issues and plan as best we can for any additional traffic, which will undoubtedly result from additional development. We understand that. We support it. We embrace it. We want it to be the best development we can. So, we support the subdivision. We would ask the City Council to add conditions of approval requiring a parking and traffic study consistent with Uniform Development Code 11-3C-7 for staff to work with the Fire Department and other public safety officials to determine the city's concerns relative to existing safety and future safety issues by virtue of increased traffic, model the traffic and parking study, and improvements if needed to Everest Lane and come up with a reasonable financial sharing for creating those improvements. Thank you. Bird: Any questions? Borton: Mr. President? Bird: Mr. Borton. Borton: I apologize, I thought I heard you say at one point that a larger number of smaller buildings versus a smaller number of larger buildings might be the same, chopping them up into smaller buildings doesn't change much. But, then, the last part was speaking to an increased parking concern that might exist with smaller units, as opposed to larger ones. Mannschreck: Councilman Borton, Members of the Council, if that's what I said it wasn't what I meant to say. Meridian City Council June 6, 2017 Page 55 of 112 Borton: I might have misheard you. I -- Mannschreck: The -- the applicant is here because the allowed use for this site is to develop one single large office building. There would be no action before the city, other than a building permit if that's the use the applicant proposed. We support cutting the lot up into smaller pieces and developing individually owned, in all likelihood, offices and that's very good for commerce and we support that. I don't know enough about traffic engineering to know whether a single 20,000 square foot office building or five 4,000 square foot office buildings generate the same number of cars. What I do know is that any development -- office development of 3.8 acres will general probably several hundred vehicles trips a day on a private street that is already bursting at the seams. Borton: Thank you. Bird: Any other questions? Thank you very much. Mannschreck: Thank you. Coles: Tom Rugg also signed up to provide testimony. Rugg: Mr. President, Council Members. My name is Tom Rugg. My address is 45422 Stewart Creek Road, Pilot Rock, Oregon. I just mainly want to hear -- the last comments that were made I agree with what was said , but before -- before this development really come to fruition I believe we have to address the traffic and parking problem that exists there now. So, I just simply want to say that I agree with the last statements made and wholeheartedly support that. One other thing -- I had wondered if there could be any consideration of an eastbound exit from that proposed development onto Chinden. That would help eliminate quite a little through traffic on -- on West Everest Lane that -- that currently exists from the Challenger School and different things, so -- Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Sir, do you mean north to Chinden or east out of Everest? Because we are all looking at this image, Everest does continue out to Chinden now since this image was taken. Meridian City Council June 6, 2017 Page 56 of 112 Rugg: Right. At the light -- at the lighted intersection. I'm talking about a non-lighted right access -- Palmer: A right-in, right-out -- Rugg: -- going east on Chinden out of that new development. Bird: Right-in, right-out. Palmer: Oh, to be able to turn east on Chinden is what you're saying. Rugg: Yeah. Palmer: Okay. Rugg: To be able to turn. Not across -- not across Chinden, but simply turn east on Chinden. That would possibly eliminate some of the three concerns that we have now. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: The last two people talked about parking concerns and I'm curious if you can kind of share with us where the parking concerns are emerging from . Are they people that are parking on that private street? Is it there is just -- there is not enough adequate parking in the current commercial developments? Share with me a little bit more what you mean about parking concerns. Rugg: Yes. That's -- that's where the problem exists is people having to park on West Everest Lane. I would be hopeful that we can arrive at some solution with the developer to widen that street and provide possibly parallel parking on the south side of it to help alleviate a current situation that's not really tenable . Cavener: Thank you. Bird: Any other questions? Thank you very much. Rugg: Thank you. Coles: There were no other sign-ups, Mr. President. Meridian City Council June 6, 2017 Page 57 of 112 Bird: No other? Is there anybody that would like to testify? Applicant, come on back. Kehrer: Kelly Kehrer. KM Engineering. 9233 West State Street, Boise, Idaho. I can appreciate the want for a traffic study, but I guess I'd first reiterate -- I mean it's really from the pictures that have been provided previously it really looks like a parking issue that's spilling out onto the street and we want to do our part to help mitigate that by actually providing the signage, painting red at the curb along our portion, so that -- that we, you know, try to discourage the -- the parking along the street. The second thing I would point out is that, you know, when this was master plan there -- there was a traffic study that was originally done to look at that, to deal with -- with the parking -- or deal with the traffic and the -- without people parking along the street I think that you're going to find that -- that actually traffic flows freely through there. Further, there is going to be an extra exit out of this now this actually does continue all the way out to both Linder on the east side and ITD where the hand is pointing, Black Rock -- cut right in front of the Black Rock Coffee there is also a right-in, right-out out there now. I can tell you that there is no way in heck that ITD will allow another approach onto the highway through that section. In fact, I was really surprised that right-in, right-out got approved. So, when construction over there clears up, there is going to be other routes to help clear out traffic through this area. The last thing I'd like to point out is West Everest is a private lane and it's not a public street and so we don't have control over the improvements that can be done in there and I know neither do the -- do the neighbors. There was a lot of discussion in the last public hearing about who actually controls Everest right now and I can't even remember what the decision was or if we figured out who exactly owned it. But with that, you know, we are excited to get additional development going here in a place that was approved for this previously and has been waiting to be built out, finish out this -- this office area and this development and I'd be happy to stand for any additional questions. Bird: Any questions? I have one. Kelly, where -- who is -- who is causing the parking problems? Is it all of them up not having enough spaces for their businesses or for the school and are they parking out there on Everest? Kehrer: So, I can't tell you exactly, but I have got my own thoughts on that. You have got a few destination businesses like you said in this development where you have the fitness center, you have a large building that's a -- it's a music academy type thing and, then, you also have a daycare. Both -- all three of those businesses are high volume, right before work, right after work type of businesses that are drawing a lot of parking and so even though -- I don't know if they meet current parking requirements for Meridian, but with the high volume that all those businesses have, you're going to create Meridian City Council June 6, 2017 Page 58 of 112 some congestion and, then, additionally, you know, I don't know, you may have people parking to get into the school. I don't -- I don't know if -- if the Challenger school is having spillover from their lot as well. Bird: Thank you very much. Any other questions? Kehrer: Thank you. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Question for Sonya. Sonya, who owns the private street? Allen: Council President, Councilman, Marty Goldsmith, the developer of Lochsa Falls, is shown as being the owner on the property tax information. If Council doesn't -- Bird: Do you want to -- Mannshreck: Tom Mannshreck again. President, Members of the Council, Marty Smith -- Marty Goldsmith does own the private street. I have known Marty for 25 years. I spoke with him the other day and he acknowledges that it would be good to -- to improve traffic, improve parking in that part of town and he's more than willing to co- operate with a study to looking at this -- it's very clear that the existing parking problem is not something that Mr. Hosack's subdivision is creating. It's also clear that the additional traffic is just going to exacerbate the problem. Mr . Goldsmith is happy to help participate in this solution. Bird: Okay. Thank you. Kelly, you get the final word if you want it. Kehrer: Try to speed things up for you guys. Kelly Kehrer. KM Engineering. You know, I guess I'd just like to say that I don't know what else we would do with Everest Lane, to be perfectly honest. It's built out within its width. I don't know what additional benefit -- I will say that as we go through the city process es I know Sonya is going to be checking our -- as each of these lots develop checking extra hard to make sure that we are complying and providing plenty of parking. So, with that, if there is any more questions I'm happy to answer them. Bird: Thank you. Anymore questions? Thank you. What's your pleasure, Council? Meridian City Council June 6, 2017 Page 59 of 112 Milam: Mr. President? Bird: Mrs. Milam. Milam: Move we close the public hearing on Item 10 -F. Cavener: Second. Bird: Got a motion and a second to close the public hearing on H -2017-0032. All in favor say aye. Any opposed? The public hearing is closed. MOTION CARRIED: ALL AYES. Milam: Mr. President? Bird: Madam Milam. Milam: I move that we approve H-2017-0032 with all staff, applicant, and public testimony, including the Commission changes to staff recommendation. Bird: So I have a second? Cavener: Second. Bird: Second? We got a motion and a second. Any discussion? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I appreciate the testimony of the adjacent business owners and a willingness to participate in a traffic study. I have to say, though, I -- I agree with the applicant, I'm not quite sure what a traffic study would tell us that's different than what we already know. You would hope that a new business, while bringing more traffic, coul d also provide more parking, specifically during maybe those peak periods, but I think the application is sound and I do think that the -- the DA provision would help eliminate that on-street parking and eliminate what sounds like to be a pretty significan t traffic hazard in the area. So, I'm supportive. Bird: Thank you, Mr. Cavener. Any other discussion? Hearing none, Mr. Clerk. Meridian City Council June 6, 2017 Page 60 of 112 Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. G. Public Hearing for 2017 UDC Text Amendment (H-2017-0044) by City of Meridian Planning Division 1. Request: Text Amendment to Certain Sections of the UDC Pertaining to Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements and Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing , Minor in the Commercial, Industrial and Traditional Neighborhood Zoning Districts Bird: Item G, public hearing for 2017 UDC text amendment, H -2017-0044 by City of Meridian Planning Division. I take it that's you, Caleb? Thank you. Hood: Yes, sir, Mr. President. Sure you want to roll right into this one or do you guys need a five minute break or something? Are we good? Rolling on. Okay. So, this next item on your agenda is UDC text amendment. We in the planning division -- I have been working with Code Enforcement and Legal and Building Division staff. We have shared the -- the proposed changes that I'm going to run through this evening with our developer group to review code changes, as well as BCA. We did not have an in- person meeting. Most of the things we are going to talk about tonight are -- don't really pertain to our regular customers, our developer committee that we established to look at our -- our UDC code, but we did vet these through them and share them with -- with our developer group to review the code amendments. So, there is really three subsections that -- that all of the amendments can fall under and I think I'm going to kind of take them -- lowest hanging fruit, if you will, to maybe the most controversial as of today. So, bear with me a little bit. But, again, there are really kind of three different subtopics within the proposed zoning ordinance amendment. So, the first one is to update -- Palmer: Mr. President? Caleb -- if I might -- Bird: Mr. Palmer. Meridian City Council June 6, 2017 Page 61 of 112 Palmer: My computer doesn't -- isn't tonight letting me switch over to the computer, so I don't know if you might be able to have it on the display. I would have printed it off had we known our 300,000 dollar investment wasn't going to pan out tonight. Hood: I will -- I do plan on using this to -- to go through and highlight some of this. I'm not going to run through all of the changes, but there are definitely some sections that I want to highlight for you -- for you all. I'm going to start with another document I think first when I get there, but -- so, hopefully, everybody can see that. So, again, kind of three different subsections within this. The first one, again, has to do with updating certain sections of the UDC that pertain to timing for occupancy and building permits. So, over the last several months we have had some requests from developers to kind of do things out of order, get occupancy before all the improvements were made or get building permits before a plat records and we have had this discussion. We told you we are going to bring a code amendment back to you to kind of put it more in chronological order, because it was -- it was sort of this, but, then, it talked about this, which really this happened next and so, really, what you see in Section 11-5C-3 -- let me jump there real quick and I think it's at the very end. It's mostly the same information. But, again, it reorders these things to be in a more chronological order about talking about us not issuing building permits for life safety things versus if they are non-life safety issues we can go ahead and issue these, provided we have a surety in place. So, hopefully, this makes it clear to developers and applicants that there is a difference between us needing landscaping being in and us needing roads to be in with fire hydrants. So, again, hopefully, this is ringing some bells and -- and you recall this -- this discussion from a couple of the applicants. But, again, essentially, the information is the same, we have just reordered it again to generally fo llow a chronological order, so -- and, then, this sentence right here just aligns with current practice and resolutions that says that the performance surety is established -- the 110 percent or 115 or 120 percent is established by you all by resolution. So, that's kind of the first -- again, that's the -- that's to me the simple one. No one has really commented on that. Hopefully that helps clarify when you can ask for things out of order in our process. A second subtopic has to do with incorporating new standards for food and beverage products processing. So, we are getting enquiries -- particularly in downtown, but other parts of town, too, for some microbreweries and our code right now really doesn't address microbreweries or distilleries or even wineries, but that's something that's becoming more and more popular and so we were -- we have been asked and -- and kind of saw the need to address that in our code. So, what you see is really several different changes. So, we have added definitions for things like distilleries, winery, brewery and what that means and we put parameters around that and so, okay, if you're going to be a brewery -- a brewery is you're producing a beer. If you're a microbrew -- microbrewery you're -- you know, generally it's a smaller operation. I think we limit it to 5,000 square feet and it's Meridian City Council June 6, 2017 Page 62 of 112 mostly tables and chairs with, you know, brewing kind off on the side. You're not Coors brewing with a couple of bar stools at somewhere to say, oh, this is -- it's more -- it's the opposite; right? So, we say you're food products processing if what your -- your main use is producing this and I'm shipping it to -- and the retail is somewhere else versus I'm more the tasting type of a room and I do that here, but it's more of a craft brewery type of a thing. So, again, we have got definitions and processes and in what zones we believe that's appropriate to do that and not do that. It also clarifies some -- an existing definition. So, right now one of the issues we have -- one of the things we discussed -- I shouldn't maybe call it an issue, but there is some gray area in our code between restaurants, drinking establishments, which common nomenclature is bar. So, restaurants, drinking establishments, and retail wine sales and service -- sales and serving. So, in the retail component we allow you to have drinks -- again, tastings. Sometimes that maybe gets clouded in, okay, what are you mainly doing? Is your main business retail sales for somebody to go and purchase off -- you know, drink off site or are you a bar and maybe they can take a Growler home. You know, that's the -- so, what we have tried to do in this code is clarify that, say if you're doing this, this is what we are going to call you. If you're doing that, this is what we are going to call you, you know, or define you and -- and in the schedule you say you're allowed or you need a conditional use permit and so on and so forth. I will just pause and let you know in that section of the -- in those -- in that vein of changes at the Planning and Zoning Commission they had some concern -- we discussed anyways, so that same topic that I just mentioned, retail beer and wine, sales and serving. So, that's 11-4-3-44. So, here is -- so, everything in this chart that's just black and white is currently adopted code. Anything that's got red and underlined is new proposed text. So, the one that they wanted to talk about and we are questioning -- and I really don't have the right answer and I'm -- they bring up some good points, although at the end of the day they didn't strike this. But, again, we are trying to blur -- trying to make -- to provide more clarity and not blur the line between so much -- this is meant to be a retail store, a wine bar, that you can have a tasting of some wine, but it's not really a bar, if that makes sense. That's kind of what this definition is and we said, okay, if you're mainly retail, we thought you shouldn't be having live entertainment. That seems to blur that line. You're now moving more towards being a bar if you're having -- they said, well, what about occasionally? You know, spring release or something, they have -- I'm like I think that would probably be okay, although this is pretty black and white that says it's prohibited. So, again, that was the topic of discussion. Everything else they were proposing to kind of, again, clarify these different land uses and say, okay, you're a restaurant, you're a bar, you're a retail group. So, I just call that one out, because, honestly, that one to me is marginal, too. I'm just trying to give you a little peek behind the curtain of our thought process and we thought that was -- that was appropriate of staff to where to draw that Meridian City Council June 6, 2017 Page 63 of 112 line. I see Councilman Cavener reaching for his microphone. So, I don't know if he's -- feel free to interrupt. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Clarifying question to help me kind of wrap my head around these Growler Guys on Overland at Locust Grove. Based on this would they be considered a retail store for wine and beer or would they be considered a bar? Hood: So, I will be honest -- and I don't know if this is a confession or not, but I have never been in, so I don't really know what their business model is. We can go to the -- we can go to the -- the definitions. But, again, that's -- that's the idea here. You -- as the business owner or applicant, you tell us what you are and we will say, okay, you can be that, here is the rules. You play by them if that's what you want to be. So, if you're going to be -- there is a bar, a drinking establishment -- so, again, if that model is mainly Growlers to take away, but you can sit there and have a pint , we would call you retail wine and sales and servings. The other thing with that -- and we didn't dwell on it, but there is an hours of operation limitation that typically you don't want to call yourself that . If you're really going to be a bar, most people are going to stay past 10:00 o'clock. Cavener: 10:00 o'clock. Sure. Hood: So, that's the other reason we are, you know -- and, again, I don't know about Growler Guys, but that -- that model for a drinking establishment or a bar -- most of them are going to call themselves a drinking establishment or bar or restaurant. The backstop we kind of have with the restaurant definition is got to go through the state of Idaho -- Cavener: Right. Hood: -- and they check your receipts and so you can't just call yourself a restaurant, but only serve pretzels -- you know, you got to have some food receipts to back that up to say, okay, I'm serving food and can clarify yourself as a restaurant. So -- Cavener: Fair enough. Bird: Okay. Thank you. Any other questions? Meridian City Council June 6, 2017 Page 64 of 112 Milam: Mr. President? Bird: Mrs. Milam. Milam: Sorry, Caleb, but that one really kind of caught me up on -- I was thinking of -- what I had in mind is the Boise Co-op. They are a retail establishment. They sell beer and wine. They also sell pre-made food and have tables for people to sit at . They do wine -- I know they do wine tasting. Hood: I don't know if that's the end of the statement or if there was a question. Milam: So, what, what would they be? Where would they fit into that? Hood: So, they are a retail -- I mean their main use, though, is a grocery store. Retail establishment. It's not unlike -- you know, we do have other banks, financial institutions within those same buildings and they -- you know, it's blurring the line. Growler stations are in a lot of grocery stores now. So, that component is still allowed. Your principally permitted use is still a grocery store or retail store. So, we look at -- again, same thing kind of with the brewery or microbrewery, what are you mainly doing? Milam: I just thought it said something like you cannot sell -- serve food. That was the part that I was looking at was where it said that you could not serve food under retail. Nary: Mr. President? Bird: Mr. Nary. Nary: Mr. President, Council Member Milam, I can maybe add a little bit to that portion of the discussion. So, in the state of Idaho there are two different types of licenses. There is liquor by the drink and, then, there is beer and wine. The state regulates all liquor by the drink and they regulate it both with drinking establishments that only serve liquor and they basically have one set of rules and the easiest one to remember is bars can allow smoking, restaurants can't. So, if you're a restaurant you have to sell -- 40 percent of your sales have to be non-alcohol-related and you can serve food or not, but generally you do and that's how you get your 40 percent. You can serve food in a bar. You can serve a full-scale menu in a bar. The difference of the bar is it's -- there's no one under 21 is allowed and smoking is allowed and it's not considered a restaurant. It doesn't mean they can't serve food. They can still serve food. The co-op has a -- a beer and wine license for retail and they also have a beer and wine license for serving. So, they have both at that location. Some places have only beer and wine licenses for Meridian City Council June 6, 2017 Page 65 of 112 retail sales. There is provisions in the code to allow beer tastings and wine tastings without an additional license, because it's considered to be infrequent and they already have a license to sell it and the -- where we are trying to get some clarity and what we work with planning on is we have some of these places that want to create this sort of hybrid model. They want to be a store, but, then, they want to have a sit down menu. Well, as Caleb said, that 10:00 o'clock is really the backstop that the city uses to say, okay, you're mostly a store, because if you're serving food just until 10:00 o'clock, it doesn't have the same impact on the businesses or the surrounding neighbors as it would be if it is a full-scale restaurant with a bar that's open until 2:00 in the morning. So, those are the kind of ways we sort of differen tiate between those. So, you're allowed to serve food, that's not an issue. But, again, if you want to be a restaurant and you only serve peanuts and pretzels, you're not going to reach that 40 percent threshold and the state's not going to certify you as a restaurant. Does that help at all? Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: Sorry. Along that line with the co-op and, then, New Vintage Wine is the other one that comes to mind, that do tastings on occasion and occasionally when they do that have live music. So, does that -- with no entertainment, does that shut down that ability to have the two hour wine tasting event and cannot have entertainment or not -- not do it or they are risking their license? Hood: So, what would -- well, the last part of that I guess -- maybe I will let Mr. Nary address, because I'm -- I don't work with ABC quite as much on risking their license. I was going to answer your question -- Little Roberts: Okay. I will take the last part off. Hood: Maybe another way, just to -- I believe, even if -- even if this gets approved the way we are proposing it through the clerk's office, I think you could still get a temporary use to have that -- that -- and it's not temporary use, but the -- maybe C.Jay can help me -- I mean Mr. Clerk can help me out with -- not a citizen's use permit, but like a catering permit or have the live music through another limited duration type of permit to allow that -- particularly if it's going to be outdoor live entertainment. So, I think there is sort of a work around, even here, although we haven't -- I haven't discussed that with legal -- I think through our clerk's office and, again, a temporary use permit type of a permit, you can do those types of things still. My interpretation of that, as overseeing the planning department is that would not be in violation. If the cl erk issues a three day Meridian City Council June 6, 2017 Page 66 of 112 permit to have, you know, spring release and you have some live music and stuff as a three day limited duration type of an event, that does not conflict with this. This is meant to say can't have Wednesday and Saturdays being, you know, karaoke night, because that is not a retail store. Nary: Mr. President, Members of the Council, I could help add to that. So -- Bird: Mr. Nary. Nary: -- to go back to your last question. So, a liquor catering permit is what Caleb is talking about. That's only a service issue in regards to serving alcohol. So, they already have the ability to serve alcohol. So, I'd have to check -- and I can't remember, but either a TUP or a special event activity could be allowed in a place that normally doesn't allow that, because that's -- that's what the purpose of those permits are for. But violating the UDC doesn't affect your liquor license. So, with the state or with the city. So, those are -- those are two separate animals that we deal with. W e deal with UDC through code enforcement, we deal with the permitting through the clerk's office and the ability to revoke that permit or through the state. Little Robert: Thank you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, while I understand -- and correct me if I'm -- if there is more to it, but as I understand it, in order to have live entertainment is to assist in defining what the establishment is, but while doing so it creates additional regulation, which I woul d rather throw out, unless there is -- there is more to it than my simple understanding of it. Hood: So, Mr. President, if I can, again, D -- the proposed D to me is marginal. I think we had good intentions. It may have some unintended consequences for, you know, some of these wine bars that really are mainly a retail component, but they want to occasionally have, you know, someone playing the violin while you, you know, sip your wine or something like that. Do you know what I mean? I mean they are -- that I don't think is an egregious land use issue that should bother your neighbors, because you got somebody -- you know, we were just trying to kind of head that off and, again, draw that distinction between the various uses, but if -- my heart is not broken if D gets struck, because I think it could have potentially, again, some unintended consequences or Meridian City Council June 6, 2017 Page 67 of 112 making more bureaucracy for them to obtain another permit to do that event and have somebody play the cello or whatever. Milam: Mr. President? Bird: Mrs. Milam. Milam: I'm still looking at this -- this same one, the D and E. I just don't see what either one of these -- how they really benefit -- there are already so many restrictions. I don't see what is gained by adding those on there and -- yeah, unless you have a good example of something that's really going to make a difference on, it's just like Councilman Palmer said, is this additional bureaucracy that -- and laws that we don't necessarily need. Hood: So, Mr. President, I don't want to get too specific with any one business, because it's not just one, but we have had some folks that -- depending on where they are at in their zoning, will call themselves this, but are a bar. I mean nine out of ten people would say that's a bar, even though they are complying with maybe A, B and C, their sales -- and we don't check sales and I don't want to check sales . I don't want to check receipts. You could call yourself a retail store and operate, essentially, like a drinking establishment if you're staying open until 10:00 or 10:30 or maybe even 11:00, who really checks it; right? I mean to be honest. So, we are getting some of those folks that come in and are skirting these or -- or not fully complying with that or calling themselves something they are really not by definition. So, again, that's what we are trying to avoid is getting sideways with the state or with a proprietor and saying in year two of your business you're -- that's not how you're operating. You're not doing this. So, we are trying to be more up front and say you can call yourself that, but here is what you can and can't do there, so -- Milam: Mr. President? Bird: Madam -- Milam: And not to dwell on this too long, I'm sorry, Caleb, but -- so adding food would -- that would make them be able to call themselves a bar? Because that's what those two items are, is music and food, and I don't see how either one of those constitutes a bar. Hood: And I guess I look at it the other way and I say that doesn't constitute retail sales to me. I'm looking at it the other way going, well, how is that a retail store. If you're serving -- if you got dinner that's a restaurant. So, I guess -- that's how I'm looking at it; Meridian City Council June 6, 2017 Page 68 of 112 right? But, again, you guys get to make the decisions. So, if D and E go away, we are really trying to help define that, but if you don't think it helps -- Nary: Mr. President? Bird: We are getting -- we are getting into some Idaho liquor laws that I'm sure Mr. Nary will tell you has got a lot of gray areas and somebody that's been a licensed liquor dispensary -- I think that a lot of this stuff we need and I have never known where music or food affected a beer and wine or a liquor license. I mean I don't know of any restaurant that can't have somebody come in play music and do that. So, I don't even know why we are treading that way myself. Milam: That's what I'm saying. Nary: Mr. President? Bird: Mr. Nary. Nary: Mr. President, Members of the Council, I mean if -- if you would like us to go back and -- and kind of scrub through this a little bit more -- because I think one of the things that Caleb hasn't touched in, but we have had issues in the past is, again, not everybody is up front on what their business -- they are doing and we have had issues in the past and I think Mr. Bird, you remember when we had the closet bar problem, where we had some -- little specificity in our code and people were taking licenses and literally taking closets in a building and claiming that was a drinking e stablishment, enough to preserve their license. Now, the state has cracked down on that and the state has created some laws around that and think we on the city side also want to be assured that people use these licenses appropriately. These are commerce and they have a great economic impact on the city when people use them and they have a great disadvantage to city when they don't and so what we're just trying to do is make it really clear what kind of business they are, because where it operates is really -- it ends up being the issue that comes before all of you. If we allow bars in neighborhoods, you're probably going to get a lot of calls. If they start pushing that envelope, we are probably going to get a lot of calls. So, we can certainly scrub through this a little bit more and -- and come up with some maybe better language or clearer language, but I think that was really the intent is we are trying to make sure that those that are primarily retail stores that have an occasional -- you can sit down and try this glass of wine before you buy it -- is different. We did create some of these because of Divine Wine and New Vintage, because of their -- their business model and I think we are just, again, trying to still Meridian City Council June 6, 2017 Page 69 of 112 improve that product. But we can certainly take it back to our group and talk about it a little bit more and see if we have different language to propose to a future meeting . Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President. And while you do that, in my opinion , I don't see why we need to regulate anywhere beyond A and B, because we are saying, A, if you're going to sell beer and wine, have a permit and, B, make sure you don't break any other laws. I don't know if the hours are that important, because the store itself could stay open beyond 10:00, you just have to stop selling alcohol at 10:00 and be open, you have a product. Hood: Mr. President, just -- you're kind of going down the path of what Mr. Nary just said is probably not a good idea and now I'm a ret ail store, which is almost, de facto, a drinking establishment or bar in residential districts. You just opened up bars to be principally permitted, basically, throughout the city. So, I would caution -- again, our main backstop is C, which says you got to stop serving at 10:00. If you take that away, then, they can stay open until 2:00 and that's a drinking establishment. Now, I would say, well, let's get rid of our drinking establishment definition then . And I guess we haven't even really looked at that. But I mean that's, again, what we are trying to -- lines are blurred already. Bird: But, Caleb, most of these -- some of these grocery stores that sell retail liquor -- beer and wine I mean -- they are open all night and I -- I have never known anybody walk in at midnight and pick up a six pack that didn't get sold. Hood: So, just to clarify -- so, the part -- the part that's prohibited is to have the -- the glass after 10:00. You can go into a retail grocery store and still purchase th at until whatever the state law is. Again, in the primary use -- the primary use -- a drinking establishment is for primarily the sale and dispensing of alcohol by the drink or glass . I know some semantics, but these are the types of -- you know, no, I'm primarily take- home Growlers. No, I'm primarily not. Okay. We need some more -- Bird: Let me ask you a question. I just found out a month or so ago what a Growler was. Cavener: I would have shown you. Meridian City Council June 6, 2017 Page 70 of 112 Bird: So, that's how up to date I am. Now, when you go in and get one of those, can you sit -- like at Fred Meyers has got them and I think Fast Eddie's has got them. Can you sit there and drink it? No, you bottle it up and you go just like a retail six pack; right? Hood: Yeah. They put up -- they put a sticker or whatever over the lids, so -- Bird: I just think that we are -- I know the state liquor people have inherited many gray hairs over liquor laws. Hood: And, Mr. -- Mr. President -- Bird: And they are short staffed, but let's let the legislature play with it. Borton: Mr. President? Bird: Mr. Borton. Borton: This is noticed as a public hearing. Bird: Yes. Borton: I don't know if the members of the public are present to provide comment, but -- Bird: I would -- Borton: If they are I would be -- Bird: I think if -- if the truth be known, 90 percent of them out there are here because they think the city is trying to eliminate home-based business and I don't think it's liquor businesses or anything. Hood: Yeah. So, Mr. President, we haven't -- this is only the second of the three that I said, so if you want to take --- Bird: Let's get it done and, then, we can let -- let's get it done, Caleb, and, then, we can let them testify. Hood: Okay. So, then, the third -- the third group of changes to the UDC has to do with establishing an clear procedure for approving, revoking, modifying or denying an Meridian City Council June 6, 2017 Page 71 of 112 accessory use permit and these are commonly known and actually defined in our code right now as home occupations. So, today we sort of have -- well, not sort of. We do have three different processes for someone that wants to run a business out of their home. We have the home occupation that -- doesn't have any customers or clients and today what we have you do, if that's the case -- keep grabbing the wrong mouse. Is we have you come in and sign this statement of compliance and this says -- and this is the big one -- in no way shall the home occupation cause the premises to differ from its residential character. But it goes on to have other things that say you can't have more than two outgoing pick ups. Not a headquarters or main office. So, you can't be, you know, dispatched from there. No retail sales permitted from the dwelling. There are some exceptions to that. But we have people sign this and it's sort of the honor system. Like, yep, I read it, I signed it, we take it in and we file it away. So, there is two -- two people that typically use this. One is the ones that are proactive and they maybe jus t move here or want to start a business and they are like, hey, what do we need to do and it's like, well, what is your business model. Can you comply with these. If so, sign this. The other one that typically signs this is Tom and his group make a visi t to your house, because your neighbor ratted you out and said this guy has a landscape business and he has four people come in the morning and his fleet is there and they dispatch from here, can you look into it. They send them to us, we say can you comp ly with this and they say, sure, and they sign it and they continue to go on and violate the code. We don't have anything to revoke. We didn't issue anything. They just sign something saying, yep, I agree to be a good neighbor. They are still not being a good neighbor. We don't have anything to take it to the next step to say, listen, you're in violation of the code, therefore, it's a misdemeanor or -- or whatever the -- there is really no stick there. So, really, the main purpose for this is to establish a process similar to what we require for other home businesses, like daycares. So, for a daycare we require you to have -- to obtain an accessory use permit. So, your daycare is ancillary to you living in your home. Primarily it's a single-family dwelling. But you also have a home- based business of a daycare. In that case what we require is you to get an AUP and hold a neighborhood meeting with everybody within one hundred feet, let them know I would like to open up a daycare, do you have any concerns, real similar to our development process. The only thing is you guys don't see that. We approve it at the staff level. So, we require the applicant or someone that wants to run a daycare to have this meeting. They submit to us as the planning department -- they basically sign a similar thing saying I agree to be a good neighbor. We issue the permit and we send that to the neighbors, the same one hundred feet and we say we just issued a permit for that property to run a daycare. If you have any problems you have 15 days to let us know and you can appeal that decision. But, again, kind of same honor s ystem. We say you be a good neighbor, be a good daycare operator and, then, there is a process if they want to appeal it and I won't go through all that, but that's really the model we are Meridian City Council June 6, 2017 Page 72 of 112 using is an accessory use permit, requiring anyone that runs -- wants to run a home business to obtain an accessory use permit from the -- community development. That's a 160 dollar application fee. We issue the permit basically -- and this is -- I want to run through this, too, because these are changing. So, we need to talk about that. That's kind of the other thing. So, really, there is kind of two pieces to this. One is the process. It would require somebody to apply and obtain an accessory use permit for home occupations. The other is we are proposing to tweak these standards and some of them are more substantial than others, so I do want to run through that. But that's for really to be consistent in our process, because right now we have this -- this form that you can sign for free, it doesn't cost you a penny. Come in, you sign it, you're on your way. We have the accessory use for home occupation. So, the third one is if you have clients, customers, or employees, you can do this similar thing as daycares. You can apply for the accessory use permit where we require you to meet with a hundred neighbors -- or a hundred -- with property owners property within a hundred feet of your property to explain, hey, I have got two employees that are going to come here , you got any problems with them coming -- working at my house during the day or whatever. But it's the same kind of vetting process through the neighborhood to see if there is any issues with it. We don't get very many of those. Again, most people are like, no, don't have any employees, so -- and you can have, actually, one employee -- one non- resident employee. But it's the client's customers and employees and any variance to that. So, again, what we are looking for is some consistency in the process, so that when code enforcement sends somebody to planning saying, hey, you're in violation, you can't run a business out of your home. It is a residential district, you can't run your business, we are getting complaints, we can direct them to say, yep, if you want to run a business here is the application you need to make sent . Essentially irregardless of the -- the type of business you're running, if it's a daycare or -- and, again, we need to run through the -- the types of use -- ancillary uses you can even have. So, that's kind of the process side and -- and I don't know if Mr. Nary or anyone has anything kind of on the consistency and process that we are trying to obtain from this and we do nee d to spend some time on the actual standards. Nary: Mr. President, Members of the Council. Bird: Mr. Nary. Nary: So, I think -- I think Caleb's covered it really well. I mean that really is the -- the crux of that portion of the change. It's trying to create both standards for people that want to operate home businesses that are consistently applied across the board, because the trouble that we end up with is -- and this is Mr. Baker and his team end up with is how come I can't do this and that guy can do that and it looks kind of the same, Meridian City Council June 6, 2017 Page 73 of 112 because it's really -- the types of home businesses that occur in our city are not just people selling products. It is people doing home repair. People doing vinyl wraps on cars. People doing paint booths in their backyard. People making drapes in their garage. People selling products out of their garage, like it's a retail store. So, I mean there are a variety of different things. But when you look at it from a legal perspective , it's really hard to say you can make drapes, but you can't make something else. You can sell home-based products, like -- like some of the many different types that are out there, or you can have a garage sale every single Saturday for 52 weeks a year . So, that's what we are trying to do is get some clarity, so that we have some way to say here is the standard. Now, one of the things I have read in a lot of the material today from people that are concerned is are we -- is does this code change -- and I'm probably jumping ahead of Caleb, unfortunately. I apologize. Does this code change affect me as a representative of some business going to somebody else's residence and holding some type of gathering to sell products. No, it doesn't. It doesn't address that at all. That's not what they are talking about. It is talking about if you as the representative want to continuously use your residence as the business and operate it like a business in the middle of the neighborhood. So, the folks that have expressed concern that I have read today that this is affecting other businesses and how people operate those businesses by going to other places, renting spaces or going to places -- homes and other stuff to do this type of thing, that's not what this is about. It doesn't have an ything to do with that. It has to do with how you choose to operate your business on your residence and how that, then, impacts your neighbors and, again, we hear all the time about quality of neighborhoods and wanting to maintain the neighborhood feel an d neighborhood character. We on -- on the staff side, Legal, Planning and Code Enforcement, hear many times somebody that operates this thing, it's just me operating one business to teach drums to people all day long. But it isn't just one person, it's o ne person doing that, it's one person painting cars, it's another person repairing cars in the garage and somebody else selling multitude amounts of products out of the garage. So, it isn't one, it's usually many, and that's what we are trying to address is standards, so that we have something to say here is what you need to do consistently and, then, if you don't do it we have to have a means that prevents you from doing it and currently our code is a little outdated in that regard. It was built back in, you know, 2005 when this wasn't a huge issue and it's a bigger issue today. So, that's probably a longer answer to that question than you wanted, but that's kind of the basis of what we are here for, because I think there has been a lot of misunderstandi ng that I have read in the last day or two about people thinking it's affecting one type of thing and it really isn't and if the concern is it might, we can certainly talk about that. But t hat's really the intent behind these changes in regards to this area. Meridian City Council June 6, 2017 Page 74 of 112 Bird: I got two questions and I don't know whether Caleb or Bill wants to answer. Daycare has to be licensed; right? Nary: No. Bird: It -- daycares are not licensed? Nary: No. Bird: Holy cow. Nary: Well, daycares above -- Mr. Bird, to answer your question more specifically, daycares that have more than seven children have to be licensed by the state. Bird: That's what I mean. Nary: The city doesn't license -- Bird: No, we never license -- we never license -- Nary: The city has accessory use permits -- Bird: Yeah. Nary: -- of different -- Bird: Yeah. Nary: -- types that are allowed for all medium and large daycares. Bird: I mean the state. Nary: Yeah. Only after they -- Bird: If they have seven. Okay. I didn't know -- I didn't realize that. And, then, a lot of the things that Caleb is discussing -- I don't know how many times we have had people in here complaining about these and we say that -- well, that's part of your CC&Rs. You got to take care of it and why -- why are we -- why are we -- either we enforce CC&Rs or we let it go like it is and let the subdivisions enforce their own CC&Rs. Meridian City Council June 6, 2017 Page 75 of 112 Nary: Well, Mr. Bird, Members of the Council, I can possibly answer that question. One, not every subdivision is governed by a homeowners association. So, that's one problem. You may recall the gentleman that was in front of you a year or two ago that had a boat that was very problematic to the neighbors and he specifically testified in front of you I moved to a neighborhood that didn't have any CC&Rs, so I could park my boat out here. So, there is the issues that occur of his type in areas that don't have any other means of governance than whether or not the city ops to regulate this or not. Hood: I will also just piggy back on that answer a little bit. There is a life safety issue to this, too. When you talk about retail and offering the general public to come into your home that hasn't been constructed with ingress and egress and ramps and those type s of things, you're into building code issues. So, we talked about before your alcohol laws in the state and getting sideways with them, you're approved for occupancy to live there, not to run a business, and if you start to run a business out of that , you're violating other codes, again, potential life safety issues. I'm not saying people will die or what, but, potentially, that can happen if you don't have -- you know, it's not properly designed and -- depending on what you're doing in there, too. Bird: And I don't disagree -- Hood: -- HVAC and electrical and all that stuff. Bird: Anytime you start messing with life safety you have to come in and -- Hood: Those are typically covered by your CC&Rs. I mean that's something that building codes and land use codes regulate is residential district is meant to live in, commercial districts are meant to do business in. Bird: In the essence of time, if it's okay with the rest of the Council and with Caleb and Mr. Nary, let's let the public hearing start and maybe you can answer the questions as they ask. Hood: Well -- Milam: Mr. President? Oh. I have a question. Cavener: I do, too. Milam: I really have a question I wanted to ask. Meridian City Council June 6, 2017 Page 76 of 112 Bird: Okay. Go ahead. Milam: So, this is where I'm struggling with this. And I definitely see the need for this and I understand why you're doing it, for the most part, for the types of businesses that -- that Bill talked about. However, probably 50 percent of the households in Meridian are somehow directed -- doing some kind of direct marketing business -- to all different extents. Some very, very minor, some might be doing very well at it. I personally -- I get doTerra and I sell it. So, I'm breaking the law. I don't have a permit and so y ou want me to come and pay you 160 dollars and I probably sell less than that a year. So, it doesn't make sense in some situations and I and a lot of -- I know there is just so many different uses and where I don't think that there will be a lot of traff ic and I know they are not making stores out of their homes, but they may have somebody over to pick something up or they might have a small gathering of people and as long as they sell one thing, that, then, makes them a business and now we need to get a permit and pay 160 dollars. So, that's where I'm struggling with this. Hood: So, Mr. President, since we are confessing on the record that we are illegally operating businesses -- Milam: I am. Hood: -- I sell things on e-Bay. I could sell things -- no, that's not what we are talking about. It -- you can still do those things. What we are talking about is when our code enforcement officer gets called, because you now have an open house every day to sell purses or lipsticks or whatever and you have turned your front room into a retail store, we have something that says you can't have a retail store at your house. It really is so just the philosophy of the city has been to react to those complaints. I don't know that -- and this is where I -- again, I'm looking at Tom and maybe even Bill, we are not going to prosecute somebody for, you know, 31 or lip sense, Scentsy or -- it just doesn't -- you know, if you're a good neighbor, the neighbors aren't going to call and rat you out and if you do just because you don't like your neighbor and they do an investigation, they are going to say there is no violation here. You can't tell that I sell things on e -Bay. You know, I'm -- that's a -- is that a business because I made a buck? No. That's not -- so that's not the intent here and so the way we have talked about it and it doesn't read -- I mean this is technically, yes, you should pay turn 160 dollars and get a license to run a home business. Technically you should. But I don't expect everybody -- and I wouldn't even require everybody to do that. It's when there is that issue we have been notified we are going to issue a permit. If we get that call again saying you have employees, we should do a permit that says you guaranteed you weren't going to have employees or whatever you're violating, we could revoke that. That's -- Meridian City Council June 6, 2017 Page 77 of 112 Milam: We can't get the permit without spending 160 dollars. Hood: That's correct. Nary: Mr. Bird? Bird: Yes. Nary: Another thing I guess -- and I know you want to get to the public hearing part, so I don't want to belabor it, but I'm the lawyer, so I have got to give you the lawyer piece. Again, at the end of the day what we are trying to do is establish some standards and those standards are not different than other standards that exist. There is standards for how fast you can drive your car. There are standards when you can turn. There is standards when you cannot turn. There is standards when you can do certain things. Every time you violate that I guarantee you there is nobody in this room that can tell me they got a ticket for going 56 in a 55. Right? There are limits, but yet there are standards as to when enforcement is necessary and when it's appropriate. If the standards that they are asking you to consider are too low, that's fine. That's part of the conversation. If you think there is -- but if you think there shouldn't be any standards I would be more concerned. If you think the standard should be higher when it -- when the threshold of concern from the city should be involved, that's what we are here to talk about. But we are really just trying to create some baseline to say this is what a business looks like -- again, Mr. Baker and his folks don't give a lot of citations for code enforcement. They go out and talk to people, they inform them, they educate them, they will tell them we actually have some standards, we have requirements, you need to do this. They spend a great deal of time educating our citizens on what -- what types of things they can do and how to do it property. So, the concern that I have been reading the last couple days of every person who holds a party is going to get a ticket is not a realistic view of how enforcement occurs. And, again, if the standards need to be higher or different, because that's where your level of concern is, that's what we are here for. Hood: So, Mr. President, I appreciate your -- you know, I'm not trying to delay -- Bird: No. No. Go ahead. Let's -- Hood: I just feel like if we put this -- and I have got it on the screen, but I don't -- if I can kind of go through the proposal and, then, have people react to that. Meridian City Council June 6, 2017 Page 78 of 112 Bird: Okay. That's fine with me, Caleb. Hood: I will try to -- I don't want to gloss over it, but I -- but I understand what you're saying. People have been there for a long time this evening. So, here is really the meat, then, of the changes we are proposing to the home occupation -- and, again same thing. Anything in red is new proposed. Anything that's in black and white is already on the books. So, you can see the changes -- and, again, I'm not going run through all of them, but I will just highlight A, which says, basically, be a good neighbor. Don't make a bunch of noise and cause smells and those types of things. B is really the -- the change to B is based on the International Building Code. The International Building Code restricts in a residential dwelling no more than ten percent or 500 square feet, which -- whichever is more restrictive, to being set aside for a home office and I'm going to emphasize the office part of that , because that's how the code reads in the -- in the International Building Code. I mentioned at the beginning we have been working with Code and Legal and Building and that's from Building. They are like technically they should only have ten percent, not 25. So, that's the main -- that's the main change there. That kind of dovetails in with -- with D, allowed home occupation accessory uses, include, but are not limited to -- and so this is -- it's -- they are not all office uses. You know, an art studio is not an office use. But those are some of the things that -- again, this is just staff saying we think these are the -- the appropriate type of ancillary uses in a home -- and I'm not going to read you the whole list there, but those are the uses we are proposing would be explicitly allowed and would be explicitly prohibited, although it doesn't list every single potential use . It's meant to give a flavor, you know, including but not limited to. There is going to be other -- Growler fill stations weren't a thing 15 -- someone's going to come up with a home occupation thing that we didn't think of. Is it industrial in nature? Is it more of a professional service or personal se rvice? Are you cutting hair? Are you doing nails? Are you a CPA? You know, those types of things are the types of home offices that we are envisioning here. If you're repairing vehicles, that's not what we are talking about. So, that's -- again, I don't want to beat that too much, but that's -- D is a big one. So, that is -- lists the type of uses you -- you can and can't do, although it's, again, not an exhaustive list. E and F -- so, F, just a real quick point on F. Most of the last part of F it says the home occupation shall be conducted by the inhabitants of the dwelling. But if you look at L and M, it actually allows one non- resident employee in L, the -- the new part of that, then, is -- we didn't think it was appropriate in multi -- so, apartment complexes to run a business. We said you shouldn't have employees -- our parking ratios are already less in apartment complexes. To have an employee come to an apartment complex and cut hair or whatever it is, didn't seem appropriate. So, I did want to call that out, too, that we are -- this would be for single family, not for multi-family. Basically prohibit non-resident employees in -- in multi-family dwellings. So, then, jumping back up, then, to G. Really no changes there. Meridian City Council June 6, 2017 Page 79 of 112 It's just -- we are calling all of these accessory uses. That's what most of the changes are here. And H is another pretty big one. So this is one where I'm going to -- Mr. Nary, again, kind of jumped -- jumped ahead with some of the letters and I have go t the list at least as of 4:00 o'clock today everybody I received comments from. But -- but H right now technically -- again, this is -- we have violators today. If you look at this no retail sales permitted from a dwelling. And there are some exceptions, but the first one is get your hair cut there and you want to buy the conditioner or the hair product, you can sell that. You can sell them the hair products. You can't just sell hair products, you got to cut their hair first, but, then, you can also sell them the conditioner or whatever. That's really the -- the exception to retail sales. Two, it's something you -- sorry, I got that backwards. That's two. One is I have honey bees and I make the honey on site and you can -- you can have some honey or I'm a woodworker and I have some of that that I actually make on my -- in my garage or whatever. And, then, the third one is products -- it says sold online. I think this is where we need some discussion , because this is, again, most of the comments I have received -- and, again, confession time. My wife is a Scentsy consultant. So, we are not -- we not saying you can't, but her parties are people come, they look at a catalogue -- she has some samples and you could buy that if you wanted to. We're not classifying that as retail sales. If you like the sample you could take it home. Most -- 90 some percent are placing an order. She gets the order. she packages it up into a little bag or whatever and delivers it. You don't get it that night typically. And that's just my personal experience. That's how the model that I'm familiar with works. So, that's -- three is -- this says right now on the books products ordered online. Well, those aren't ordered online. We are in violation. They aren't ordered online. They are ordered in person. But she's not completing the transaction at the home, so -- we don't have customers or clients and whatever . But -- and -- and it says by mail. So, a lot of this was added for people who are -- here is an example where this most typically applies today. Somebody goes and buys the wine and the cheese and the nuts or the fruit or whatever, they put together gift baskets at the house. They go and buy these things locally or whatever and they ship Idaho Baskets of Goodies to everywhere. You can do that. That doesn't -- the neighbors don't know that that's -- they shouldn't know that that's going on even. And that's -- again, that's the intent. I'm going to jump back. It shouldn't change the residential character. We aren't tr ying to peek in your windows to see what you're doing, but it shouldn't be egregious to the neighbors to say, listen, they are running a business out of their home and that's the intent. So, I'm here to say -- kind of like we did with the first -- maybe three could use some work and massaging in that, to say, you know, parties, you know, that's -- that's what we are -- we are not so -- we are not concerned at all, quite frankly, about the parties. We are concerned -- and this is where the line is starting to get blurred -- the consultant that now has, again, lipstick or whatever, converted their front room and there is a sign out on the main drag that says open house , come to my house and buy Meridian City Council June 6, 2017 Page 80 of 112 lipstick or whatever, you shouldn't be doing that. So, that's where this retail component aspect -- and that's habitual; right? That's every day or every Friday or Saturday -- every weekend it's an open house at your house -- it's not really what should be allowed. So, that's the intent. Whether it reads that way or not, I'll let you decide that. But that's the intent with some of these. So, just quickly moving on. That -- those are the big ones. I and J are essentially the same. K, again, no real big changes there. M is -- is new. The no more than two clients and/or customers. And, again, I think that's some of the -- the concern that -- that I read that -- from when I read the letters that's some of the concern that I actually read was they weren't so concerned about me as a consultant going to someone else's house and having the party, it's me having parties at my house and this one -- again, by the letter of the law you would be in violation. Are there consultants that have parties every Saturday? Maybe. It's probably a better question for Tom. He gets the phone calls, not me necessarily on that, but -- so that one probably requires some more dialogue and I -- again, I imagine the people that are here for this probably want to talk about that. So, with that -- sorry, I -- Bird: No problem. Hood: -- tried to be quick, but there is a lot to it, so -- Bird: Thank you. Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Before you jump in, just a couple of clarifying questions that will be helpful for me and maybe set the tone for some of the conversations we are going to have. Caleb, you and your staff do a great job of engaging stakeholders on issues you reference d earlier. BCA. We have got probably the most successful direct sales company in the world in our community. Did we reach out to them, discuss this before tonight? Hood: Mr. Cavener, no, to directly answer your question, no, we did not. Cavener: Okay. Hood: We definitely talked about them. Absolutely. Because that is not the intent is to say -- because we realize -- and I don't know if it's 50 percent, but we realize that this -- there is a large majority or a large percentage of households that do this . So, it was definitely -- I think at probably all of our meetings that came up. Hey, how is this really Meridian City Council June 6, 2017 Page 81 of 112 -- how is it going to be applied? How is it interpreted? Are we really going to say you can have a party? No. So -- Milam: Mr. President? Bird: Mrs. Milam. Milam: I have one more question. First a comment and, then, a question. Caleb, you said -- so, A and B was -- said something about home office and I didn't see anything about -- the word office in that one. Maybe I looked in the wrong place. Hood: So, that's in the building code. So -- and if you look in B -- so, right now in the UDC we allow up to 25 percent of a home to be used for your home business. Milam: Yeah. It doesn't say office. Hood: It doesn't say office, but in the International Building Code -- so, the problems we have is our code says you can have 25 percent. You go to the building department and say, you know what, I got to upgrade my electrical, because I need hair dryers or whatever for my salon and they go -- we can't issue a permit for that, because that's a commercial permit and you're in an R occupied home, we can only allow ten percent of this. So, we are trying to be consistent and not mislead people to say, oh, yeah, just go and convert that section of your home to a -- to commercial. You can't. Building code will prohibit that. So, it's to line up our codes a little bit there. Milam: My -- my question is what about -- just throwing this out there -- creating a different type of permit that created especially for direct marketing? So, it would actually -- so that we are not taking away stuff from the potential real bad kind of businesses that we are going to get complaints from, but allowing the -- the people that are doing this to feel -- for one, feel comfortable, for, two, not spend a fortune, have it be some kind of simple process, but if they still have a permit and, then, can be confident about that as well and it -- but with a little bit -- but just a little bit different guidelines. Some of the same stuff. Hood: I'm open -- I'm open to that and almost the model could be kind of what we do today with this. We need to talk about that in the context of, okay, well, how do we exclude them from -- how do we call them out separately. So, we need to kind of think about that. I'm not asking us to, you know, come up with city code necessarily on the fly, but let's at least brain storm -- Meridian City Council June 6, 2017 Page 82 of 112 Milam: Yeah. Hood: -- potential ways to do that, so -- absolutely. I'm open to -- I'm open to all kinds of solutions. I mean this is really meant to help our code enforcement officer and the -- the neighbor that's complaining that my neighbor and we don't have any way to help them out, where you sort of go, yep, sorry. Milam: No. I get that. And I -- so, I support that for sure. Thank you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: One quick question. Just on -- on E where it mentions no more than two outgoing pick ups per day from a common carrier. So, I'm assuming that would not prohibit -- like is in your case -- your wife delivers them. If customers were to come pick them up, because they are not a common carrier, is it -- would it be all right if 25 people came to pick up their orders? Hood: Again, I would say technically probably no, but how realistic is that -- and if it happens one time that's different. Than if it happens every day 25 people are coming to your house to pick it up -- we had this conversation, too, with code enforcement. They are not going to sit there and stake out a house all day long and count how many times the UPS truck comes. But if the neighbors continually complain that says, hey, they are having 25 people come and pick stuff up every day and they go out there for a few hours and, yeah, there is a substantial -- we are going to say, listen, you can't have this many pick ups per day. Is that a common carrier? I don't know. I guess that's more of a legal question. They are not the same person. But that is retail sales. Right? And we are in another section now that says retail sales are prohibited. Palmer: Thanks. Bird: Mr. Clerk, we got any sign-up for public testimony? Coles: Thank you, Mr. President. We do. Kevin Priest signed up again and does not wish to testify. Rebecca Priest signed up against. Does not wish to testify. Theresa Wier signed up against and does not wish t o testify. Eric Wallentine signed up against and would like to testify. Bird: Okay. Eric. Meridian City Council June 6, 2017 Page 83 of 112 Hood: So, just quickly, as he's coming up, we do have a list -- I do have a list and typically I would read that to you of all of the public testimony we ha ve received to this point. I did put it in a -- a summary sheet, so I just -- if you're in here and you just signed up and you don't want to testify, we got about 25 different letters from f olks saying they are concerned about this. So, I have got about 25 different letters from folks saying they are concerned about this. So, I just wanted that to be on record and it is part of the record that we have got. Bird: And I would ask -- I would ask in the public testify -- testifying that we stay to the subject, please. Eric. State your name and address. Wallentine: Eric Wallentine. Address is 2886 South Tagish Way. You were my coach 42 years ago and you're -- Bird: Was it that many years ago? Wallentine: You seem a lot shorter now. Bird: I was a young man. Wallentine: So, first of all, I don't -- I'm not -- I don't participate in -- my daughter just finished participating in the multi-level marketing, so that's not why I'm here. But I found out on Facebook that this was happening. I s aw the requirement of the two, you know, customers and immediately I thought that would have -- that would have wiped out both -- if I would decide to follow the law that would have wiped out my first two businesses that served as seed companies for the two businesses that I run today. All four have been successful and I think that's the -- my biggest concern is I teach classes -- I'm a facilitator right now with an entrepreneur group. I have done peer groups. I have been on boards. And I just think, you know, we can't do anything -- we -- not anything, but we can't do things that are going to stifle, you know, new small businesses. I mean there are some businesses I shouldn't run out of my home, but if I read the -- the requirements and the changes, then, I should never have run my remote control business out of my home, because I was in my garage, you know, fixing equipment. Now, what's equipment? Is it a bulldozer or is it a remote control? So, that's where -- if a reasonable person -- I think that's the standard we have to take here is take the standard of a reasonable person. If I'm a reasonable person and I read through those rules, how many businesses are not going to start in their garages, because they read those rules and say, oh, oh, I can't do that -- if they want to follow the law. And I don't think we should put people in a position where they have to say, well, I'm not going to Meridian City Council June 6, 2017 Page 84 of 112 follow the law, I'm going to escape through and hopefully they won't catch it. You won't catch me. You're not going to come in my garage. But the thing that -- the phrase that really bothers me -- and I'm not picking on you, Caleb -- I just remember your name, because that's my son's name. But the -- the phrase that really gets to me is when we say, well, technically, no. Technically we are not going to do that. What that means is we can do that, because you're breaking the law and that's what really bothers me. So, the two things in this that -- I and alluded to this a little bit -- is the equipment repair and rental. That one would have negated my first business -- or second business. The other business I did was we did waffle irons out of our home and I would take these waffles irons to places and you would see them in hotels where you make yourself waffles in the morning, and we would supply things out of that and I had a delivery once a month. It wasn't a lot of traffic. I took it to them, but I did have a couple of occasions where I had five or six people come together to meet with me in my home. Th at wasn't -- nobody knew it. My -- my neighbors didn't know it. They didn't complain. And it was very quiet. And, then, I have a guy that lived down the street from me that drives up and down with -- he has trucks -- he has six cars parked out front of the house all the time, because he's doing construction. That's where his teams come and pick up their trucks. So, there is a -- there is a clear differentiator here and I would just ask that we -- that we differentiate those. I don't think two peop le -- I don't think two clients and their customers is a reasonable line. That the one that really bothered me. Besides the -- the what is an equipment repair and so I think those are the two things that I -- I thought they were D and J, but you said the y were M later in the -- in the conversation. I have a bunch of notes here, but I'm not going to read them, because I think what I just said covers what I'm trying to say. Bird: And your time is up, Eric, so would you summarize. Wallentine: I don't get ten minutes? Bird: Yeah. Wallentine: That's it. It's just -- those two were the toughest things I -- things I had a problem with, so -- Bird: Thank you very much. Cavener: Mr. President? Bird: Yes. Meridian City Council June 6, 2017 Page 85 of 112 Cavener: Question if I may. You said two is not a reasonable number and I think that -- I think you see a -- with the Council you ask as a question -- you ask us a question, get seven different reasonable answers. So, it's an arbitrary term. I'm curious to what -- what a reasonable amount of customers is to you? Wallentine: I think it depends on how many of those people are staying -- I mean if I have two people coming throughout the day and they are coming and going, but there is not a stack of cars out in front of my house, I don't think anybody is going to complain about that. I don't think a reasonable neighbor would come in and say, hey, you know, he had eight people at his house today, but they were all there separately. Now, if I had eight cars pull up at 8:00 o'clock in the morning -- like my business now has 110 employees. We have paydays and they all come to the office on payday. And so that's not reasonable. I mean I'm not going to have a 110 or even ten people coming to my home at once. So, it just depends if they are staggered. Defining that is a difficult thing and I get that. Milam: Mr. President? Bird: Mrs. Milam. Milam: I'm pretty sure -- so, it's very clear that it says two at a time. So, exactly that. Two could be there at 10:00 a.m., two could be there at 11:00, you could have those people coming all day, but only two at each time. So, exactly the way you just described a good situation is what that document says. Wallentine: The thing that ran through my mind is that I did have six people on o ne occasion -- actually, a few occasions and I had five people, but it wasn't a whole boat load of cars. I am more concerned about -- I mean I -- I do talk to these small business owners that are just trying to get started and think they are not going to go do what I did and rent an executive suite on my third business. Milam: I had a business meeting at my home. Wallentine: So -- Palmer: Mr. President? Bird: Mr. Palmer. Meridian City Council June 6, 2017 Page 86 of 112 Palmer: Mr. President. Eric, question for you. So, having the exp erience that you have, have -- running businesses out of your home and with your neighbor you said down the street that has lots of cars there -- Wallentine: They were all legal, by the say. Every one of them was legal, so -- Palmer: And so -- I know. I don't doubt -- with that experience -- and this is also an outstanding question that I would love to hear lots of people's opinions on, understanding that most, if not all of you are going to say this goes too far. I'm curious if you feel like there are -- if there is something we should do -- if we should be tweaking this to -- to figure out ways to eliminate some of the other ones that we brought up that have been issues or if we need to just back away and let the free market do its thing. Wallentine: I must live in a good neighborhood, because I know that there are people around me running businesses out of their homes and I don't see the impact of it. So, I can't speak to that as far as what's the line -- I do have the one neighbor that -- he and I will have a chat, but I will deal with that on a personal basis and he will have to go get an office or he will have to go get a shop, but, otherwise, I can't really tell you what my line would be. Palmer: Thank you. Bird: Thank you. Thanks, Eric. Mr. Clerk. Coles: Cindy Lee signed up against and does not wish to testify. Elizabeth Bright signed up against and does not wish to testify. Norman Stoddard signed up against and does not wish to testify. Cheryl Stoddard signed up against and does not wish to testify. Eric Ritter signed up against and would like to testify. Bird: State your name and address, please. Ritter: My name is Eric Ritter. I'm general counsel for Scentsy, the aforementioned most successful direct sales company in the world. Bird: Thank you. Ritter: We are located at 21 -- or 2901 East Pine, as all of you probably are well aware. As you're also probably well aware, Scentsy generates about 500 million dollars in revenue a year that supports 840 employe es in our Meridian campus. Those employees have an average salary of 51,000 dollars a year and our annual payroll Meridian City Council June 6, 2017 Page 87 of 112 approaches 43 million dollars a year and that's just at our Meridian location, that's not our other location. We also have in Meridian 216 consultants who participate in home based sales. Now, I want to be crystal clear that all of that success that we have had is based on the sales of these consultants in their home and we have some real concerns about the way this legislation is drafted, primarily along the lines of -- and the number has changed in the various things, so let me make sure I have got it right. M -- can I control this computer or am I -- M -- it was J in one version, L, which is multi-family use -- I don't know where it is here. We have concerns about D and we have concerns about B. So, concerns about B, D, M and L. And we have -- these concerns are the same concerns that Eric articulated first. Number one, having a limitation on only two clients just isn't feasible for the majority of our consultants if they are having a home based party. They are going to have ten or 15 people there. Now, the only difference between their parties and your neighborhood barbecue or your family barbecue on a Sunday is the fact that there is Scentsy products there as Caleb alluded to. I think that there is already adequate code to address the type of issues that people are complaining about. We already have noise ordinances. We have parking ordinances. Those are things that the city enforcement -- code enforcement officers can enforce if those are the problems. Nobody really has a problem with people having guests in their house, whether or not they are participating in a commercial venture. Number two, we have concerns about the prohibition on any clients being able to participate in a multi- family dwelling. So, you know, I look at this as sort of a regressive tax. If you're in the lower percentage of the income bracket you're more likely to be in a residential dwelling. If you happen to be a Scentsy consultant in that dwelling you can't ever have a party in your house and I just don't think that creates a level playing field, it creates one that disadvantages people that are trying to start off and get ahead. I think, finally, in D , the limitation to ten percent, that's an International Building Code, because that's the IRS regulation for home tax deductions. It really has no effect whether I'm using my entire living room for a party or whether I get to use my home office, which is only a ten by ten room. I just think that that's too restrictive and is not actually based on a life and safety issue, but is present because of IRS regulations. And with that, like I said, I do think there is ways to come about the actual problems. Wh at are we actually trying to solve here. If we are talking about cars and noxious uses, you can prohibit it based on the type of activity. Is it dealing with hazardous materials? Does it have proper disposal? I mean there is already regulations to cove r all this. Let's enforce the regulations we already have and not create, again, with all due respect -- technically, yes, you're violating the regulations, but we are just going to look the other way, because at some point somebody won't look the other way and, then, we are going to end up, you know, hurting what has been, both in my life and the lives of all 260 consultants in the valley and the 140 employees that are based here, a very sustaining and dearly bought living. Meridian City Council June 6, 2017 Page 88 of 112 Bird: Thank you. Any questions? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: The previous individual providing testimony, same question I'm going to ask you. In your opinion what's the appropriate amount of people that should be allowed? Ritter: Well, we have maximum occupancy standards in the International Fire Code that's been adopted by the city based on square footage. In a residential that divisor I think is the square footage divided by seven. So, that's what I would say. I would say look to the code you already have. You already have maximum numbers of people. Cavener: Thank you. Bird: Thank you. Any other questions? Thank you for your testimony. Mr. Clerk. Coles: Carolyn Smith signed up against and would like to provide testimony. Bird: Okay. Smith: Hello. My name is Carolyn Smith and I live at 2715 South Hibernation Place in Meridian, Idaho. I have been an independent consultant for Scentsy -- independent Scentsy consultant for eight and a half years and a resident of Meridian fo r 11 and a half years and I have to reject the changes to the home based business ordinance. I am disabled, but I don't look like I am. Working from home allows me the opportunity to stay off disability and contribute to this community. In fact, a home -based business is about my only option. Scentsy has changed my life for the better. It has allowed me to stay home and raise my daughter and has given me the opportunity to help others. I'm like so many people who cannot afford child care, so a direct sa les opportunity allows them to still contribute to the family income. And the customers who love our products and if I had more time to prepare for tonight I could have brought some with me, because I'm sure they would like to express that they like the c onvenience of being able to come to my home. These changes currently proposed to the city ordinance scare me. To have no more than two people allowed at my home at one time would significantly hinder my ability to successfully conduct my business in Meri dian. In fact, it would put me out of business and I would once again have to go through the foreclosure process and I can't go through it again. If every town across America had similar legislation Scentsy would crumble and all of the towns to create th is legislation, Meridian City Council June 6, 2017 Page 89 of 112 the last place I would think would be so willing to hurt Scentsy would be Scentsy's own hometown Meridian. Hopefully it was not the intent of the planning commission to hurt Scentsy, a company that gives so much to this community, but it was just not thought through. Scentsy sales are significant and a large portion of their sales are generated through customers who come to our homes and take part in our home -based parties and open house and that includes taking product home. It's not jus t about ordering. There are people who can't afford shipping -- that are going to refuse to pay shipping and the likely convenience and want to come by and smell our products or if it's Lulu Stockings, to feel the fabrics and so forth. Please consider how Scentsy -- how Damsel In Distress which is also based in Meridian, how all the other home-based businesses, such as Pampered Chef , Cookie Lee Jewelry, Mary Kay, Avon, 31, Lipsense, LuLaRoe, doTerra, Tupperware, et cetera, bringing a lot of revenue for this community. That loss of revenue would severely impact our city and the lives of so many families like mine. Scentsy touts itself as family-friendly, a positive place to live and, please, please keep it that way. Thank you. Bird: Thank you. Any questions for the young lady? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Thank you for coming here tonight and sharing your testimony. At the beginning of your testimony you indicated that you object to all the changes. Smith: Oh. Cavener: And I just want to make sure if that was your testimony, that's fine. I just -- I wanted to give you a chance to clarify if that wasn't your intent. Smith: I reject the ten percent. There are people who own maybe homes of only a thousand square feet and need a home office and that's going to be more than ten percent of their home. It doesn't affect me, but it affects others. The two people at one time -- I do hold open houses, which I have been told is one of the situations that is being considered against. I don't have them every weekend. Scentsy has a rule we are only allowed to have two public open houses a month and I'm lucky if I have a chance to have more than one a month . That does generate some traffic, but typically I have about six people come to my house. I will have nobody for four hours and, then, three people will show up at one time and I will be in violation. I -- sorry, I'm trying to remember all of the rules. So, I -- obviously, one of them is not up for debate. It's Meridian City Council June 6, 2017 Page 90 of 112 already legislation. The retail sales. But definitely the number of people -- it is a consideration. Cavener: Thank you for that clarification. I appreciate it. Smith: Thank you. Bird: Thank you. Any other questions? Thank you, young lady. Smith: Thank you very much. Coles: Mr. President, the rest of the sign -ups all indicated they did not wish to provide testify. So, I can read those names into the record if that is your preference. Bird: If you would like to, I would appreciate that. Coles: Absolutely. Tricia Miller signed up against and does not wish to provide testimony. Reed Brimhall signed up against and does not wish to provide testimony. Jeff Pruitt signed up against and does not wish to provide testimony. Robert Reeder signed up against and does not wish to provide testimony. Heidi Thompson signed up against and does not wish to provide testimony. Owen Thompson signed up against and does not wish provide testimony. Elaine Anderson sign up against and does not wish provide testimony. Kareem Betalli signed up against and does not wish to provide testimony. Carrie Motley signed up against and does not wish to provide testimony. Jessica White signed up against and does not wish to provide testimony. Richard Steele signed up against and does not wish to provide testimony. Tanya Steele signed up against, does not wish to provide testimony. Lonnie Leavitt Barker sign up against and does not wish to provide testimony. Lisa Patton signed up against and does not wish to provide testimony. Stephanie Marchello signed up against, does not wish to provide testimony. And Casey Lyon signed up against, does not wish to provide testimony. That is all the sign-ups, Mr. President. Bird: Thank you, Mr. Clerk. This is a public hearing. If you didn't sign up or -- and would like to provide testimony, please, come forward. Come on up. Miller: I actually wrote no, but I changed my mind. My name is Tricia Miller and I live at 2571 West Astonte Drive in the City of Meridian. I am a fairly new resident, four months here, now in the state of Idaho. I wanted to address having an open house with some regular hours each weekend. The last two weekends -- let me back up just a little bit. I am an independent fashion retailer for a company called LuLaRoe, which we provide Meridian City Council June 6, 2017 Page 91 of 112 women and children's and men's clothing and I left a state where I had a very established business, a very established clientele, and regular in-home parties in my home. I came to a state with no friends, no family, just my husband and my six children. Having open house hours has allowed me to reach out to the community with a sign that I responsibly set out and pick up immediately when it's over in my subdivision . It has allowed me to meet people in my neighborhood. It has allowed me to reach out to the community and let them know -- come to my home, I can provide you with a service, the service of clothes that make you feel amazing, clothes that make your family pictures -- you will look beautiful. It has allowed me to be a mom. I have six children from ages 21 down to four years old. My oldest is an autistic adult. He has a small part time job also in the City of Meridian. He will never drive. By allowing me to have set open house hours where I can be a mom and not have nap times interrupted or say I'm only going to have people allowed to come over to my home from these hours to these hours, allows me to say, hey, 3:00 o'clock, we are done, we can go to the pool or we can go do this or my son knows on these days don't schedule to work these times, because I cannot drive you. He will never drive. That will not happen because of his disability. It allows me to not have to pack up 1,500 pieces of clothing that takes me three hours to pack to leave to go somewhere else and to spend an additional two hours setting up for a party somewhere. So, having these things in my home allows people to come over and experienced a one-on-one personal styling session where I make women feel amazing every single day. By taking those open house hours away from me really prohibits my ability to show other women -- as being a leader in the company of 80 girls underneath me, it takes away that ability to show that they, in turn, can turn around and go make thousands of dollars every single month, which I do, and I put a lot of money in my bank account and provide for my family where my husband sometimes cannot. So, by taking that away in a new community, especially for me, really, really hurts my business and clothing is much better in person. So, when people can come over and touch it and feel it, they just love it. So, that's pretty much it. As far as tax structure goes, that's also something right now -- I'm in an HOA subdivision, but one day I would love to buy a home on property where I can have a Lula Cottage as we call it and have my clothing up and have kind of a little type of boutique that people can come into and feel like they can shop at home and as far as life safety goes, that's what business insurance is for. Thank you. Bird: Thank you. Any questions? Cavener: Mr. President? Bird: Mr. Cavener. Meridian City Council June 6, 2017 Page 92 of 112 Cavener: Tricia, thanks for coming and providing some testimony specifically from your industry. I became -- well, I should say my wife has become very familiar with your company and that packages that we have at our house somewhat frequently. But as a result I have also noticed in Meridian business owners setting up shop in parking lots and on public streets. Miller: Yes. Cavener: And specifically the public streets is something that concerns me and I think that this Council is trying to get a very pragmatic approach to some of these presentations, but setting up a business on a public street to me is concerning and I'm hoping that maybe you can address if that is part of the business model , if that is the case of a bad apple or maybe I guess just address that particular element that seems to be popping up more frequently in our community. Miller: Okay. Well, part of the business mode l is creating urgency and it is creating -- we as retailers we buy wholesale, we do not get to pick the prints that we get, we can order sizes and styles, but we do not know -- when we get a box of inventory it is like Christmas Day to us. It is a big surprise. So, then, we turn around and we create urgency and that is part of the business model with LuLaRoe is to get that product out there. We only have 5,000 -- up to 5,000 of any one individual print across the board for say this sweater. There is only 5,000 of them in the United States. That's it. So, when I get that the need is to create urgency and get out there and get our product in front of people, because, obviously, it's better in person than maybe my bad lighting as you would see online on a Facebook group. Now, I apologize, because her name just escaped me right now, but the clerk that -- so, I contacted her recently, because you can get something called a mobile sales permit in the City of Meridian and I believe her name is Nancy -- am I correct? Bird: Yes. Miller: Okay. So, I have recently contacted her. Now, that is the legal way to go about it and she has issued some of those permits. I have talked to her extensively about it and she has invited me personally to come and sit with her and explain more about it, because she is getting more and more calls about this . Now, if I open my trunk and I have a garment rack in the back of my trunk and I have clothes hanging there , I am within the legal use of that permit to go ahead and sell out of the back of my car. Getting those clothes out say under an easy up and setting up in a parking lot , that I am not familiar with, unless it is something set up with the business -- that is the part that may be does need to be addressed of what those fine lines are, because I'm very much Meridian City Council June 6, 2017 Page 93 of 112 a rule follower, but I'm also a fly by the seat of my pants kind of girl. So, if I had a trunk full of clothes and people -- I'm at the park with my kids and people want to look at them and, you know, I just start -- I have a rack and I'm just setting him up, I'm going to do it if I don't think that I'm breaking any rules , but I don't and I have not yet, because I don't feel like -- I didn't know -- I honestly did not know the laws or the rules in regards to that. So, maybe something like that can be put in place. But, again, it's going to -- you're getting now down to a LuLaRoe Consultants can, but maybe Scentsy consultant can't or Tupperware -- you know, if you don't want to get into all this, you know, picking and choosing on which businesses can and can't. Bird: Thank you. Cavener: Thank you. Miller: You're welcome. Bird: Any other questions? Thank you very much. Miller: Thank you. Bird: Is there anybody else that would like to testify? Please come forward. J.Pruitt: My name is Jeff Pruitt. 14518 West Barclay Street. I'm also with LuLaRoe and there is a couple things that I just want to pick up on . I don't know all your names, but Council Milam -- Milam? Milam: Milam. J.Pruitt: That of the 160 dollars. And to me -- first off, I agree with her we should not have to pay that and, then, two, what's the cost breakdown of that 160 dollars? Why is it 160 dollars? Why isn't it ten, twenty, thirty. Why is it 160? I don't know. And that's a question I would like -- maybe he can answer. It seemed to me, too, that the bigger issue that I -- that I was hearing personally is the rate at which the customers are coming to the home; right? That's the big topic. To me, like the very first gentleman that spoke, it shouldn't really depend on the type of business -- business, in my opinion. Because how many have started were -- Steve Jobs; right? He started in the garage. There's so many instances where people start in their garage and grow bigger. In LuLaRoe I have a four car garage with over 6,000 pieces of inventory. Retail sales like he's saying. That is our full-time income. I do this full-time with my wife now. We make a full-time income off of selling women's clothes. Did I ever think that was my career? Meridian City Council June 6, 2017 Page 94 of 112 No. I was an accountant prior to this. Now I sell women's clothes. But a lot of what he was saying would shut us down. Right now it would shut us down on -- on what we do. We have two days a week where customers come to our house for two hours. Sometimes I get 30 to 50 women show up -- showing up at my house. But I like Eric, the lawyer from Scentsy said, there is already code that addresses these issues. There is parking codes. There is -- relevant to your question. There is a certain number of people that can be in your house at a specific time , right, per square footage. So, I think a lot of the things were like nitpicking and micromanaging of a lot of these things. Even back to the liquor license. My brother owns his own bar. Like they are so governed already -- in my opinion, leave me alone. There is so many state laws that already govern what they're doing, let them be governed and let's not nitpick down to the smallest minute details where we can't even run our own businesses the way we want to run them, because that's why we live in America; right? It's that freedom that we have continually to run our businesses the way we want and still be governed , obviously, to a degree. One other thing, too. After -- and I didn't know a lot of these rules or laws or ordinances existed either, I will be honest. But one of the other things was my business depends on my neighbors approval . A hundred feet. What if my neighbors hates my guts, but I'm trying to start a business. Now, I can't start that business because my neighbors don't like me? Luckily my neighbors like me right now and they know what I'm doing and they -- the women come over to my garage all the time. So, they are big supporters. But what if it was someone else? And now they can't, because I didn't take them cookies and a glass of milk; right? So, there is so many things that it's -- it's based on someone else's judgment of me. My suggestions are this, based off of Council Milam -- Milam: Milam. Pruitt: Milam. We will get it at the end. Is create a separate ordinance specific to this industry, because we don't have catalogs that we can order from . Like our customers, we are a different type of direct sales company. There's no catalog. So, we have to carry our entire inventory. And, then, like Eric said, enforce the current state and city codes that are already in place. That would be my suggestions. And, then, I really liked what Council Cavener said about get into the field. Did they go out and ask the current field that's already existing out there, like Scentsy, the biggest one. That would be my suggestions. Bird: Okay. Thank you. Pruitt: Yeah. Meridian City Council June 6, 2017 Page 95 of 112 Bird: Any questions? Thank you very much. Is there anybody else that would like to testify? This is a public testimony, Council -- public hearing. Do you -- what's your pleasure? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: I don't know how the rest of the Council feels, but I would hope maybe we could at least keep the public hearing open for the meantime. We may have some discussions that may spur some feedback and if this Council would -- Bird: Fine with that. Any discussion? Milam: Second. Bird: Mrs. Milam? Milam: If you need that -- so -- Cavener: Discussion. Milam: Oh. Go ahead. Cavener: No. Go ahead. No, you go. Bird: Well, do something. Little Roberts: Mr. President? Cavener: Go ahead, Ann. Bird: Mrs. Little Roberts. Little Roberts: I would just like to go on record that I appreciate you all being here and everything and I don't think any of this was ever intended to even remotely come across as not being business-friendly. I also run the Meridian chamber and we work really, really closely with the city to make sure that -- I mean we run our Young Entrepreneurs Academy and we are encouraging kids to -- at 14 and 16 to start businesses in their homes and create entrepreneurs that can be out and creating their own businesses. Meridian City Council June 6, 2017 Page 96 of 112 So, I don't think that any of this was an intent at all to come across as not being business-friendly in the community of Meridian. Bird: Thank you. Mr. Borton. Borton: Mr. President. This is, although lengthy, fantastic. It's -- the distinguishing characteristic, at least for this discussion, is it's not a -- it's not a meeting in public that we are having, it's a public meeting and part of this process -- and I appreciate all of the staff's work on this -- is to get through this stage and grind and get the written letters and get the public comment that each of you provided with your own diverse backgrounds and reasons to raise concerns that some or all of us might not have -- have seen. It's exactly what we are supposed to do. I think it's been extremely helpful for me. Early on in this discussion there was -- there was a recommendation or a comment about tabling this, sending it back to staff and address all of the concerns that we are going to hear. I think it's a fantastic idea. There is no way that I'd go forward with approving this right now. There has been some fantastic input of unintended consequences that have been raised in writing and here that I'm -- that I think our staff appreciates, too. The intent of what we are trying to address, we need to make sure that we don't create, you know, create more regulation that's unnecessary and harm a lot of the -- the citizens and businesses that our community depends on. So, I think it's been fantastic. I appreciate the information. I wouldn't vote against it -- my recommendation would be to remand it back to staff and to try and work through some of these concerns, reach out to some of these -- whether it's Scentsy or other providers that our residents utilize and try and come up with some alternative language that addresses all those concerns, if there were to be any change at all. Bird: Thank you, Mr. Borton. Mr. Palmer, do you have something to say? Palmer: Yeah, Mr. President. Ever since I was first running back in 2015 I have always put my cell phone number on all my literature and I have it on the city website and no one has ever called me until today. It's fantastic. My phone is ringing off the hook. And the great thing was I was agreeing with almost everything -- and usually I get e-mails after things and people are pretty upset with me, everything everyone has called me about I was -- I as on board. So, thank you for calling. Please keep doing it. I echo Councilman Borton. I feel like we -- as I am far from an environmentalist and I'm far from a guy who loves regulation, I'm very pro business, pro property rights, in every possible way. There hasn't been a development project that's come before us yet since I have been on Council that I voted against and so I want to make sure that we are not hampering anyone's ability to -- to build a business and to be able to grow it -- I know Micron was started in a garage and it's obviously not in a garage anymore. And so I Meridian City Council June 6, 2017 Page 97 of 112 would like to -- to continue to have Meridian as an opportunity for people to be able t o start in their home and stay there if that works or grow out if they -- if they need to. But there are circumstance -- paint booths, people painting their cars next to other people's homes. There are situations that we do need to find a remedy to and so while we can't just throw this all out, I think -- again, echo Councilman Borton, definitely we need to make some tweaks and all of your input was very valuable. So, thank you for enduring with us and providing the testimony. Bird: Anything else? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: So, today was kind of a unique day to Council Member Palmer's comment, because at about 1:00 o'clock today someone -- maybe good intentions or not, I think created a panic on social media and like Councilman Palmer, my phone number has been on every piece of my campaign material and for the first time ever my voicemail box is full. I can't take anymore messages, as my wife text me and told me no, because she was trying to leave me a voicemail. And part of that frustrated me, because I think that we as a Council have been pretty even handed and I think you have -- hopefully you have heard a lot of that this evening. So, it's frustrating -- there was this -- what I thought was an unneeded sense of panic and, boy, why is somebody doing this? But the result has been really fantastic and specifically to Ms. Smith, I don't think that if this panic wouldn't have been created that you would have been here tonight and I'm really glad that you were here tonight, because I really enjoyed hearing your very candid testimony and it created food for thought , because the challenge is is that -- and we have talked about this a lot, is that we all have our opinions about what's acceptable and what's not and what might be acceptable to Council Member Palmer is going to be obtrusive to me and as a Council it's our goal to weigh reducing regulation, so that your business can be successful at the expense of our community standards . We heard from people and all of our issues tonight people have got up and said I have moved to Meridian. Well, you have moved to Meridian because we are a pretty remarkable community and we have something to offer and we wouldn't be remarkable if we didn't have standards and so we have go t to work through staff with this and I hope staff will engage some of the folks that are here tonight, we will engage some subject matter experts, because when I hear I want to open a retail business in my garage , with all due respect, I don't think that gels with our community standards and if that's what you want to do, maybe Meridian isn't the best place to open a retail business in your garage in our neighborhood. But that doesn't mean that we need to paint with such broad brush Meridian City Council June 6, 2017 Page 98 of 112 strokes and so I recognize it's a challenge for staff whether it's helpful or a hindrance -- I'm willing to sit at the table and work through this. I think you have heard from a lot of people that are here to do that tonight. I know this was probably not intended to be a first of many steps on all three of the subjects that we have talked about tonight, but I feel that it is. I think Council Member Borton recommended that we remand this back to staff to work through. That's something I'm very supportive of. I don't know if any other Council member has any other comments -- if they do I want to make sure there is time for that. But if -- if there is not, then, I would be happy to make a motion. Bird: Mr. Cavener, I want to -- I think that -- I think that we -- I think that we got some faults leads out there and even I have to admit that I wasn't sure of what we were trying to do, but the worst thing I can see -- and -- and it happens way too often is we want to micromanage everything and you can't do it -- the regulations -- most -- every one of us up here worked -- work or do work for small businesses or we wouldn't -- and that's how you make your living and regulations, micromanaging kills those kind of things. I definitely think this needs to go back. I think planning needs to get with people -- developers and BCA aren't the right ones to talk about working out of your house. You need to get with the Scentsy's, the Mary Kay's, those -- those people that are -- I have known a lot of women that helped their family and bought a lot of toys and stuff for their family through Mary Kay and all this kind of stuff. I think there is a way that we can have regulations, but we can also be sensible and have decent businesses out of it. That's my say. Now what do you want to do? Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Unless there is any other comments -- Hood: Maybe just one comment or maybe two. Bird: You bet. Hood: First is I appreciate Councilman Cavener somewhat volunteering to serve on this committee. I guess part of the -- the struggle that I have to some degree is I don't mean -- we have people here that testified tonight and -- I don't have a list of -- I can get a hold of Scentsy. I know how to get a hold of Scentsy. But the ma and pa's, th at's -- some of the -- we don't have a business registry. We don't require that. But I can reach out to some of the folks -- if they are interested. I don't know if they are. But I need -- I don't know how to put together this group I guess is what I'm saying. I'm used to working with Meridian City Council June 6, 2017 Page 99 of 112 the developers, you know, so -- I appreciate and I agree, I just don't know who that is, so -- Cavener: Mr. President? Bird: Mr. Cavener. Cavener: Caleb, I think we have been inundated with communication from people in our community. Many of them are here tonight. I would imagine that many of them would be happy to reach out and offer -- maybe all of them are able to, maybe we only need a fraction of them, but I think that -- I wouldn't be surprised if you would hear some people that would volunteer. It sounds like you're going to reach out the Scentsy, which is great. Someone indicated in their testimony tonight that there is another direct sales company -- I think Damsel In Distress that is located here in the valley. They may be another organization to connect with. I think start there. Hood: Okay. So, I'm going to start I think with the folks that have sent the e-mails and the letters already, as well as -- Bird: I think there is 25 e-mails. Hood: If you don't -- if you didn't -- you know, most of them did leave an e-mail or a phone number and I -- I don't want this to get too big, though, either; right? I'm not going to do all 216 or however many there were. That's just -- it's going to be chaos. But, you know, ten or 12 or 15, something manageable, right, that we can kind of work through some of these things. So, I just want to kind of -- the expectation, make sure we are on the same page here and, then, I have a council liaison, too, so I will let you guys arm wrestle over that, who is going to co-serve on this or whatever. Bird: I think -- I think he ought to be volunteered. Hood: It's decided then. The other thing I would just request, as you -- because this seems to be where it's going, is as you -- if you continue it, a date certain to me makes some sense. Let the people know when we are going to pick this up again. Three months. Four months. There is -- from my standpoint -- and, again, I will look to Code Enforcement and Legal -- if they have more urgency than I do -- I don't think we are in a rush to change things. Three, four, five, six months. Whatever you think. But some date certain. If you can look at your calendar when you continue this to a date certain, I will defer what date that is to you, but -- Meridian City Council June 6, 2017 Page 100 of 112 Cavener: Okay. I can put that in a motion. I think I'm fine with that. Bird: Just a second. Tom, we have sat here -- you're the -- you are the enforcement. Have you had a lot of complaints and stuff over what we have been discussing? Baker: Well, when it comes to do -- oh, thank you. When it comes to home occupations we do get quite a few complaints on home occupations. I was just looking through my numbers and they are not near as high as I -- I envisioned them to be and I think the reason is when we do get a complaint, the people that complain about them are very passionate, but as they make the statement that -- they make statements to us that, hey, I moved -- this is a residence, it's not meant to be a business, why do I have all these cars parked in front of my house. Now, to the gentleman from Scentsy that mentioned we have parking codes, a lot of the people park legally, so there is nothing we can do about the actual parking of them. To go back to -- and if I'm saying too much here, please -- Bird: No. No. Go ahead, Tom. Baker: Is to go back to what people were wondering about as far as ticketing and writing citations to home occupation people that are conducting home occupations. We -- that's not how the UDC works. That's not how we work. We don't write -- we don't -- it's not even in our code that we can do that. We can't write you a citation. The other thing is when it comes to Scentsy and other businesses like that -- so, I don't want this to come across as Scentsy got a -- some type of an exemption, because it wasn't, but my understanding since I have been here -- almost ten years now -- we have never tried to prosecute any type of -- well, actually, I have to say, we -- I don't even recall us getting a complaint on a Scentsy or any modeled business that's like Scentsy and when I say that I mean -- I don't know too much about your business, so if I'm -- if I'm speaking incorrectly here, please -- please forgive me. But where you have people come to your house to have like a party where you're looking at products and , then, they order things and, then, they come back or you take them there. I was always under the understanding that that model of business didn't -- did not violate our home occupation standards and it wasn't regulated by home occupation standards. The one exception -- and I hate to say this -- has to do with the blue jeans. We did get a complaint on the blue jeans where -- and it wasn't you, it was many years ago, and I don't even think it was your product. It might have been something else, because that doesn't sound familiar. But the person had boxes and boxes in the garage and they were selling them retail out of their house and it was -- you can see how murky these waters can get, as we are talking about all this. It was decided in that case -- it was my case -- that it was too similar to the Scentsy model, to the Tupperware model, to the Terra model, to delve Meridian City Council June 6, 2017 Page 101 of 112 in and try to enforce our code, because it was too similar and the lines were too blurred. So, the decision was made to just -- to back off, unless we just had overwhelming evidence to the contrary. Now, the vast majority of home occupation -- excuse me, I'm getting kind of tired here. Home occupation complaints that we get are the vehicle paint booths that I think Mr. Palmer mentioned. The vehicle repair and we get a lot of daycare complaints that people are turning around improperly and so we do have a lot of people here that have showed up, but what we don't see are the people that are calling to say I live in this neighborhood, I bought this home and I didn't expect there to be a drapery factory across the street from me or this other type of business where, you know, people are coming all the time to buy things. Those are the types of complaints who get to -- from other -- on the other side of it and I think Mr. Cavener kind of was alluding toward that. I don't want to put words in your mouth , but it kind of sounded like that's where he was going with what he was saying. Very eloquently. So, I think the portion of this that we really ought to pay attention to was the permit process. This -- that is drastic. It -- without that portion of this -- that component of this code -- and I'm not saying it has to be done exactly like that, because Caleb, in all fairness, he did mention that, as -- as Mrs. Milam pointed out, maybe certain types or levels of occupation could have a different level of permit processing and goes back to what the gentleman brought up -- and forgive me if I'm not supposed to be pointing, but I just want to make sure we know where I'm talking about here. The gentleman brought up about what do those fees go to. Well, with certain permits -- Caleb -- he said in our meeting that, you know, they -- certain types of home occupations -- one part require the amount of work, so maybe we can have a different level of permit. But I can tell you from a code enforcement standpoint and knowing what the -- what Meridian expects of our neighborhoods, I am very thankful that we are making this attempt. I'm very thankful to Caleb, I'm very thankful to Bill that they have -- they have taken this on, because it is very hard. It's not easy to please everybody, to make sure that everybody has a fair shake. We are trying, I promise you that, and this is not intended to hurt anybody's business, it's intended to try to walk that line between what Mr. Cavener said regarding keeping our neighborhoods looking like neighborhoods and satisfying the citizens that are complaining, because they are out there, I promise, and we were making this up and they are very frustrated when they say, well -- we tell him they have a permit. Well, they're not doing what the permit says and there is no process here. There hasn't been since I have been here. There was no process to try to revoke that permit or do anything with it. The only process we had was to write a violation letter and, then, have it go to City Council as it's spelled out in there and you guys decided whether or not and how many of -- how many times has that happened? Probably zero. So, we need to -- we need to streamline that process, so we can better serve that side of our -- of our citizenry that is frustrated that people are violating their home occupations and that they are -- they are not following the rules. So, I am really thankful Meridian City Council June 6, 2017 Page 102 of 112 that you guys have -- we have finally tackled this. It's -- it's a huge, huge thing for the community. I really am thankful that we are trying to tackle it. And, you know, to go to the nice young lady you were putting it -- that has the operation -- the open house. I have been looking at those -- I have been looking at those signs on Overland all the way up into Bear Creek for years now and how many times -- I don't even recognize your face. I'm sorry, where are you? You're -- I don't -- yeah. Hi. I don't even recognize you. You probably -- I have never been to your house because of that, because we try to exercise due diligence when it came to that. We were to ld the Scentsy model, once again, not giving the exemption to Scentsy. We are not singling them out to say, hey, it's okay for Scentsy, no one else. It's that particular model did not violate our home occupation standards and, therefore, we left them alo ne. It sounds to me like what you were doing may have, if we wanted to get nitpicky on it and, you know, like -- like the other gentleman said, technically, you know -- well, sometimes there are gray areas in city code and we -- we do our darnedest to make sure that we enforce our city code with the intent of our City Council and our Mayor and to make sure that we are doing it fairly and we never ever go after people and try to maliciously go after businesses, but one case -- what was your product? The jeans that you're selling? He said he's become very successful. I have a case over in -- in Red Feather. That -- the one on Ustick. It was a hospice business and she started out in one little tiny room and she became so successful that every single room in her house was filled up with personnel to help -- not -- not sick people, they weren't conducting the actual -- they were actually -- that was their office building and she had no idea -- back when she asked about it, she -- they called the business, they said, sure, you can do that. It was that long ago. But it has became so successful. So, what she ended up having to do is move out of her house, because they were having literally conventions of a hundred people that would come to that house and cars parked everywhere. Most of them legally. We couldn't do anything about the way they were parked. She had to move out of her -- out of her house and in -- she had to get a commercial warehouse to -- and you know what she said to me? I went and saw her one day. You said, you know what, that was the best thing you ever did for me, because once I moved into that -- that -- that office space I was actually able to even expand better and my business became even bigger and bigger and she thanked us. So, the re are flip sides to these matters. Sorry for being long-winded. I just -- I have been hearing a lot of passion here. We are not out to get Scentsy. We are not out to maliciously get anybody. That's not what this is about. It's to try to provide equity. That's all. Bird: Thank you, Tom. Council? Mr. Cavener you got a -- you want to continue the public hearing or are we going to close the public hearing and then -- Meridian City Council June 6, 2017 Page 103 of 112 Cavener: I -- Mr. Bird, if -- unless there is an objection, I would just move t hat we keep the public hearing open and we -- Bird: I don't disagree. Cavener: -- and continue it to -- here is the date. November 14th, 2017. That give us six months and, then, I would -- I would like to ask staff to establish a stakeholder group to look at this issue, involve individuals from the direct sales industry, as well as those that work in the beer and wine, retail, on premise industry and perhaps, if it's appropriate, maybe some goals of that group, potentially be to maybe establish a direct sales definition that could be included in with the -- with this proposal. Palmer: Second. Bird: Second? Cavener: I see Mr. Hood is rubbing his -- Bird: Any discussion. Hearing none -- Cavener: Mr. President, if I may? Bird: Yeah. Cavener: I just want to give Mr. Hood an opportunity to answer -- ask a question or clarification before we vote. Hood: Poker face, I guess. Cavener: We should be playing cards. Hood: Yeah. I will do whatever -- I'm just trying to envision how that works two subcommittees and, similarly, I'm not quite sure from the beer and wine side of things who to -- and I definitely wouldn't mix that up into one work group I don't think. That seems like that's just too different groups. Milam: I agree. Hood: And so I'm trying to figure out how you envision that working in your motion, how that plays out in real life. Meridian City Council June 6, 2017 Page 104 of 112 Nary: Mr. President? Bird: Mr. -- Nary: How about -- we will take the lead on the beer and wine stuff , since we deal with that both of the licensing side and include as part of that discussion and we know who the contact folks are to talk to on that. If the planning folks would take the lead on the home occupation stuff, we could probably get that -- Bird: I think that's very good. Cavener: While one group was much more vocal here tonight, I think both of those are issues that we both -- we discussed -- Bird: And I think Mr. Nary spent about two years on a liquor thing, so he's very familiar with liquor laws. Okay. Got a continuance to November 4th, 2017 -- Cavener: 14th. Bird: 2017. November 14th, 2017. Cavener: It's a workshop session. I thought that would be best to go with. Bird: That's great. If I said 2014, we have passed that. All in favor sa y aye. Any opposed? See you the 14th of November. MOTION CARRIED: ALL AYES. Cavener: Thank you all for being here. H. Public Hearing to Consider the Conveyance of Certain Real Property on E. Pine Avenue near Main Street to the Ada County Highway District for Right of Way Purposes 1. ORDINANCE NO. 17-1730: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-WAY PURPOSES LOCATED NEAR THE SE CORNER OF E. PINE AVENUE Meridian City Council June 6, 2017 Page 105 of 112 AND N. MAIN STREET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE Bird: Okay. We got a public hearing to consider the conveyance of certain real property on East Pine Avenue next to Main Street to the Ada County Highway District for right-of-way purposes. Mr. Nary, I'm sure you're lead in that. Nary: Yes. Thank you, Mr. President, Members of the Council. What this is -- this is the final step in conveying a portion of right of way to the Ada County Highway District. This area on Pine -- Pine is going to be widened in 2018, so this is a portion they need as part of that widening project. It is a major amount of property of the city. It's 44 square feet and there is no cost, because of our waiver -- our fee waiver agreement that we have with the Ada County Highway District. All of the noticing has been done. All of the noticing that's required has been taken care of. This is just the opportunity for any public comment and, then, an ordinance is attached to your agenda to approve to move this and make this conveyance complete. Any other -- to know where this is for the record purposes, this is the public parking lot that is behind the Meridian Cycles. That -- that building on Main Street, that portion of the public parking lot -- or portion of that lot is public. This is a portion of the driveway. So, they are going to take some of that as part of the right of way and, then, they will rebuild the driveway. Bird: I think, what, half of that lot is public and the other half is -- Nary: The western -- or the eastern half of that lot is a public plot and the western half is attached to the building, so -- Bird: Council, any questions for Mr. Nary? If not, would you read the ordinance by title only. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1730: An ordinance authorizing the conveyance of certain city-owned real property to the Ada County Highway District for right-of-way purposes located near the southeast corner of E. Pine Avenue and N. Main Street; authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents Meridian City Council June 6, 2017 Page 106 of 112 necessary to complete the transaction; providing for a waiver of the reading rules and providing an effective date. Bird: You have heard it by title only. And I -- does anybody want it read in its entirety? Seeing none -- oh, you got to close the public hearing first. Does anybody want to testify on it? Coles: There were no sign-ups on the public hearing sign-in sheet. Bird: I'm sorry, I got ahead of myself. Milam: Mr. President. I move that we close the public hearing on 10-H. Bird: Do I have a second? Cavener: Second. Little Roberts: Second. Bird: All in favor? Any opposed? MOTION CARRIED: ALL AYES. Bird: Now the ordinance. Milam: Mr. President. I move that we approve ordinance number 17 -1730 with suspension of rules. Cavener: Second. Bird: Okay. We got a motion to approve ordinance number 17-1730 and a second. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 11: Department Reports Meridian City Council June 6, 2017 Page 107 of 112 A. Parks & Recreation Department: Hillsdale Park Agreements with the West Ada School District Bird: Okay. Department Reports. Steve, you stayed awake this long? Siddoway: Stayed up for my 45 seconds with you. This item probably could have been on Consent -- Milam: Oh, man. Siddoway: -- but the reason why it's not is because it was on Consent a couple of months ago and we pulled it off of Consent to address a specific issue that Councilman Borton had found and brought to our attention that the agreement had not addressed the maintenance of the parking lot at Hillsdale being clarified as the responsibility of the school district. We did make that clarification. I wanted to come before you and just verify that we did work with Councilman Borton and the school district to get those changes made. School board has approved those changes and sent them back to us for your consideration and approval. There are two agreements that we are asking for your approval for tonight. The first one being documenting the school's right to use the park and the second is the city's right to use the school's parking lot . And with that I will stand for any questions. Bird Any questions for Steve? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, Steve, I think we should probably spend 20 or 30 minutes on this to justify you being here until late. Or would you rather go home? Siddoway: I think I would rather go to sleep. Palmer: So, then, do we just approve it -- approve the agreement in a motion? Is that what this means or -- Bird: I would -- I would think that has to come back as a resolution, don't it? Siddoway: I don't think it's a resolution. Meridian City Council June 6, 2017 Page 108 of 112 Bird: Where is Mr. Nary at? Little Roberts: I think he's in the hall. Siddoway: I believe it's an approval for the Mayor to sign and the Clerk to attest is what I believe is -- Bird: Is this already an agreement that's been drawn up? Siddoway: And signed by the school district. Yes. Bird: Oh. Okay. Well, then, yeah, it's an agreement already. So, that's what we need. Approve the agreement. Siddoway: And there are two separate agreements. Milam: Here it comes. Let's look through it. Palmer: I will let somebody else do it then. Bird: I will take a motion. Little Roberts: Mr. President? Bird: Mrs. Little Roberts. Little Roberts: I move that we approve both agreements, the one for the -- using -- allowing the school to use the park and a second one allowing us to use the parking lot for parks. Milam: Second. Bird: Okay. We got a motion to approve and a second. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Siddoway: Thank you very much. Meridian City Council June 6, 2017 Page 109 of 112 Item 12: Ordinances A. ORDINANCE NO. 17-1731: AN ORDINANCE (H-2016-0104- PARAMOUNT DIRECTOR) FOR THE RE-ZONE OF A PARCEL OF LAND BEING A PORTION OF THE NE ¼ OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM TN-C (TRADITIONAL NEIGHBORHOOD CENTER) AND C-C (COMMUNITY BUSINESS DISTRICT) TO R-15 (MEDIUM- HIGH DENSITY RESIDENTIAL) 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 Bird: Thank you, Steve. Ordinance 17-1731. Would you read that by title only, Clerk. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1731: An ordinance file number H-2016-0104, Paramount Director, for the re-zone of a parcel of land being a portion of the NE ¼ of Section 25, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada County, Idaho; establishing and determining the land use zoning classification from TN-C (Traditional Neighborhood Center) and C-C (Community Business District) to R-15 (Medium-High Density Residential) 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 Bird: Council, you have heard this by title only. Is there anybody that would like it in its entirety? Hearing or seeing none, Mrs. Milam. Milam: Okay. Mr. President, I move that we approve Ordinance No. 17 -1731, with suspension of rules. Cavener: Second. Meridian City Council June 6, 2017 Page 110 of 112 Bird: I have got a motion and to approve this and a second with suspension of rules. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. B. AMENDED ONTO AGENDA: ORDINANCE NO. 17-1732: AN ORDINANCE (H-2016-0027 MAVERIK) FOR ANNEXATION FOR PART OF THE NORTHEAST QUARTER OF SECTION 7, 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 SAID LANDS FROM RUT TO C-C (COMMUNITY BUSINESS 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. Bird: Mr. Clerk, would you read 17-1732. Coles: Thank you, Mr. President. City of Meridian Ordinance No. 17-1732: an Ordinance, file number H-2016-0027, Maverik, for annexation for part of the northeast quarter of Section 7, 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 said lands from RUT to C-C (Community Business 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, Meridian City Council June 6, 2017 Page 111 of 112 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. Bird: Council and audience, you have heard this by title only. Is there anybody that wants it read in its entirety? Seeing none, Mr. Palmer, would you make a motion. Palmer: Are you sure? Bird: You got to do something. Palmer: Yeah. I haven't done anything tonight. I just got a text from the Mayor accusing me of taking some of her candy. Told her, no, I was leaning back over to put her pen back. Then, Mr. President, I move that we approve Ordinance 17 -1732 with suspension of rules. Is that what -- Bird: Yeah. Palmer: Yeah. That. Milam: Second. Little Roberts: Second. Bird: You heard -- we got a motion and a second on Ordinance No. 17 -1732. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Cavener, yea; Milam, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. Item 13: Future Meeting Topics Bird: Any future topics? Seeing none -- Item 14: Executive Session per Idaho Code section 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Meridian City Council June 6, 2017 Page 112 of 112 Bird: Item 14 was vacated. So, I would entertain a motion to adjourn. Little Roberts: So moved. Cavener: Second. Bird: All in favor? Any opposed? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TPS DE WEERD ATTEST: C.JAY 6OLEUCITY CLERK 6 / �o / �l � DATE APPROVED ,SED AUGUST 0 City of w E IDIAN�-- IDAHO SEAL ')