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HomeMy WebLinkAbout2018-07-24Meridian City Council July 24, 2018. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 24, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Genesis Milam, Luke Cavener, Ty Palmer, and Treg Bernt. Members Absent: Joe Borton and Anne Little Roberts. Also present: C.Jay Coles, Bill Nary, Caleb Hood, Bill Parsons, Sonya Allen, Clint Dolsby, Chris Pope, Jamie Leslie, Mark Niemeyer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. Anne Little Roberts Joe Borton X Ty Palmer X Treg Bernt X Genesis Milam X Lucas Cavener X Mayor Tammy de Weerd De Weerd: That brings us to 6:00 o'clock. We will go ahead and start our regular City Council meeting. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Michael Pearson with Seventh Day Adventist Church De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson with the Seventh-Day Adventist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you so much for joining us. Pearson: Dear Lord God Almighty, we all pray your blessing on the community and the leadership of the City of Meridian. We ask that you give us a sense of personal humility and the collective empathy for the needs of each other, that our deliberation and decisions made might do good by you and by each other. We ask in Jesus' name, amen. Item 4: Adoption of Agenda Meridian City Council Meeting Agenda August 7, 2018 — Page 114 of 572 Meridian City Council July 24, 2018 Page 2 of 112 De Weerd: Thank you so much. Item 4 is Adoption of the Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple of changes. Item 7-C in our Consent Agenda was improperly listed as a master pathway easement. It should be listed as a master pathways license agreement. And, then, I think it's also just important to note that Items 9-F and 9-G have been requested to be continued to August 21st. Item 9-G was not posted appropriately and love to hear about the reasons for the request for continuance on 9-F. With that I move we approve the adoption of the agenda. Milam: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5. Coles: Madam Mayor, there are no sign-ups for Item 5. Item 6: Proclamation A. MYB All Star Champions Day De Weerd: Okay. Thank you. Item 6-A -- we have a very special team that we would like to recognize before they go to the World Series and if they will join me up front at the podium. Well, this is pretty exciting. I think we have some very excited young men that are getting ready to travel to the World Series and I have a proclamation in their honor. So, I will go ahead and -- and read this. And, then, I do have something to give to each of you. One for yourself and a pin to -- we hope for barter, trade, and get something really good for it. Whereas the Meridian Youth Baseball 12-70 All-Star Team recently won the 2018 Pacific Northwest Regional Tournament and whereas this victory earned them the prestigious privilege of competing in the 2018 Cal Ripken World Series set for August 3rd through the 11th in Branson, Missouri, and whereas it is the third time Coach Whiles has taken his team to the World Series, which builds team spirit and allows these young athletes to walk onto the field with a little extra swagger and whereas with the guidance of the team manger and coaches help all team members focus on work ethic, toughness, and desire, which transformed them into a winning team with each player making valuable contributions and whereas participating in youth Meridian City Council Meeting Agenda August 7, 2018 — Page 115 of 572 Meridian City Council July 24, 2018 Page 3 of 112 baseball gives young people a strong sense of character, teamwork, and confidence, traits that will remain with them all through their lives, both on and off the field. Therefore, I, Mayor Tammy de Weerd, hereby proclaim July 24th, 2018, as MYB All-Star Champion's Day in the City of Meridian and I call upon the community to join me in congratulating this team on their valuable and remarkable athletic accomplishment for representing Meridian so proudly in this upcoming World Series. And I do have a proclamation that I will present to your coach. I also have one that has listed each of your names, which will be in our public record. So, if someday you want to impress someone you can pull up today's minutes and you can show them that you had a proclamation that was honoring your great accomplishment. So, congratulations, young man. We hope that you represent us proudly next month and wish you success and we would love to have you come back as World Series champions. And so, coach, I have a couple things. One, I -- I would love it if you would say a few things about your team and maybe each of the players could introduce yourself and the position that you play, but I also have something for you. This is your third world series that you're bringing a group of young men to. That's quite the accomplishment and in the City of Meridian we have a coin, a challenge coin that depicts our approach to customer service and it's called the Meridian Way and this coin honors our CARE values of Customer Service, Accountability, Respect and Excellence, all part of you're being a winning team. It also says providing CARE in art to our community in a timely, friendly, professional and solution -oriented manner. This challenge coin is given to our Meridian Way champions, those that go above and beyond, day in and day out, and I think that through the contributions that you have shown these young men in learning not only skills on the field, but also off the field. We want to extend our gratitude and our congratulations to being such a role model for us all to learn from. So, thank you. And your Proclamation. Whiles: Well, thank you, City Council and Mayor de Weerd. This is a great group of young men -- keep looking that way. There you go. And we are really proud of them for -- for a lot more than just their baseball skills. They spent this fall and early winter raking leaves for people in Meridian that needed it and they did it for free and that was part of just what they wanted to give back to the community. We have a wonderful park to play in that's owned by the city in Settlers Park and it's beautiful and so they are very thankful for that and they wanted to show that this fall by helping out. What a great group of kids. We are headed out of here August 2nd and we are going to play not only the nation, but the world and -- Japan, Korea, Mexico, Dominican Republic. They are all going to be there. So, a lot of good talent and we are going to go as far as we can and we are going to have a heck of a good time. So, we appreciate you letting us come here and this is kind of the future of our town here and they are a bunch of great young man. So, thank you very much. Do you want them to just say their name? De Weerd: I would love it they would -- Whiles: Yeah. Just kind of go like this. Carson, come here. Don't you go to the back. Okay. So, let's do this so they can see them. Why don't you all come over here and we will bend that down for you. There you go. Just say your name and name what position you play. Meridian City Council Meeting Agenda August 7, 2018 — Page 116 of 572 Meridian City Council July 24, 2018 Page 4 of 112 Russell: I'm Carson Russell and I play right field, left field and second base. Cammann: I'm Cooper Cammann and I play second base and I pitch. Kolka: I'm Kellen Kolka and I play left field. Hibbs: I'm Garrett Hibbs and I play first base and pitcher. Rogers: I'm Collin Rogers and I play catcher. Barker: I'm Jack Barker and I play center field and first base. Russo: I'm Chip Russo and I play outfield. Whiles: I'm Torry Whiles and I play shortstop. Holbrook: I'm Jake Holbrook and I play right field. Morrow: I'm Jacob Morrow and I play third base, first base and pitch. Judge: I'm Patrick Judge and I play third, short, second and pitch. Moriarty: I'm T.J. Moriarty and I play third base and catch. C.Russell: I'm Caden Russell and I am the bat boy. Whiles: I also wanted to introduce the other two coaches, the guys that really run this team. All I do is make practice schedules. They actually do the dirty work. This is James Moriarty. He is a fireman in town and this is Chris Cammann over here and he sells dental supplies and so -- and I'm a teacher. So, we are -- we are kind of all over the place. We -- we do a lot of different things. But what a great summer it's been. Mayor de Weerd, we wanted to give you a pin that we had designed. Christina Morrow designed this pin that we are going to trade as well and it says -- if I had readers on. It says 2018 Cal Ripken World Series Meridian Youth Baseball 12-70 Allstars and so we wanted you to have that. It's not much, but thank you very much. De Weerd: If we can get you right here to get a picture with all of you and just for anyone who is interested, they are raising money to pay for the trip and to make this a life memory. So always ready to accept any sponsorship. Bernt: Hey, guys, what does it say on the back of your hats? Whiles: The back of our hats say So Worth It. Bernt: Oh. Meridian City Council Meeting Agenda August 7, 2018 — Page 117 of 572 Meridian City Council July 24, 2018 Page 5 of 112 Whiles: Hashtag So Worth It. And there is a movement kind of nationwide for everybody to go to club sports, but we are not a club, we are a Meridian youth team and we have had a lot of kids from this age group disappear into other things and we always felt like it was worth it to stay and so we put this on our hats and it -- it was definitely worth it. So, we are really proud to have Meridian on our chest and at the World Series we will have Idaho on our chest, but we are taking Meridian with us, because we are very proud to be from here, so -- Bernt: That was cool, man. Go get them, guys. Go get them. Item 7: Consent Agenda [Action Item] Approved as noted Cat the A. Approve Minutes of July 10, 2018 City Council Workshop Meeting B. Gramercy Heights Subdivision No. 2 Sanitary Sewer and Water Main Easement Resubmittal C. Oaks West Subdivision No. 1 NMID Master Pathways Easement License Agreement D. Whistle Stop Subdivision Pedestrian Pathway Easement E. Whistle Stop Subdivision No. 2 Water and Sewer Easement #1 F. Whistle Stop Subdivision No. 2 Water and Sewer Easement #2 G. Final Plat for Oberg Subdivision (H-2018-0069) by DevCo Development, LLC, Located at 2855 N. Wingate Lane H. Final Plat for Pine 43 Subdivision No. 1 (H-2018-0073) by Dan Torfin, C &O Development, Located North of E. Pine Ave. and East of N. Locust Grove Rd I. Final Plat for Rapid Creek No.1 (H-2018-0070) by Trilogy Idaho Located near the SW corner of W. McMillan Rd. and N. Black mJ J. Resolution No. 18-2089: A Resolution Declaring the Intent of City of Meridian to Exchange Approximately 1,640 Square Feet of City Owned Real Property for Approximately 1,958 Square Feet of Real Property Owned by Woodside Harris, LLC at Meridian's Water Well Lot Number 28. Meridian City Council Meeting Agenda August 7, 2018 — Page 118 of 572 Meridian City Council July 24, 2018 Page 6 of 112 2018- K. Memorandum Of Agreement For Contribution Not -to -Exceed $600 To Close Out Of Idaho Avenue Project L. Residential Real Property Purchase and Sale Agreement at 615 NW 3rd Street, Meridian Idaho for $80,000 Regarding Rail -With - Trail Pathway Connection M. IPDES Permit Required Methylmercury Fish Tissue Sampling Program Agreement Not -to -Exceed $18,360 N. Advanced Metering Infrastructure (AMI) Agreement between City of Meridian and Sensus USA, Inc. O. Development Agreement for Lost Rapids (Costco Site) (H- 004) by Costco Wholesale Corporation, located at the SW Corner of US 20/26-Chinden Blvd and Ten Mile Road. P. City Financial Report for June 2018 Q. AP Invoices for Payment 7/25/18 - $2,338,221.79 De Weerd: Okay. Item 7 is our Consent Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: You already referenced change on Item 7-C. I move we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 8: Items Moved From The Consent Agenda [Action Item] Meridian City Council Meeting Agenda August 7, 2018 — Page 119 of 572 Meridian City Council July 24, 2018 Page 7 of 112 De Weerd: There were no items moved from the Consent Agenda. Again I would like to just state for the record that the applicant on Item F for the final plat of H-2018-0068 has requested to continue to August 21st. Staff, can you -- is there a basis of that continuous -- continuance request? Hood: Madam Mayor, I am not aware of the reason for that continuation. The next one I do have some justification for, but that one I am not aware of why that request. De Weerd: Okay. Is there anyone here for Item F? Okay. Item 9-G has been requested to continue to August 21 st and that is because their site was not posted. Our staff does follow up with the applicant to remind them and we found that it was not posted, so this does have to be posted. Council, you can, when we get to it, if you would so desire, to renotice at the applicant's cost. Certainly that is your purview. But if you don't say it's at their cost, it will be at the cost of the city. Item 9: Action Items A. Appeal of Denial of Mobile Sales Unit License by Don Benbrooks De Weerd: Okay. We get to the Action Items. The first one 9-A is an appeal and, Mr. Nary, you want to introduce that? Nary: Yeah. Thank you, Madam Mayor, Members of the Council. This one is unusual. You don't have this come up in front of the Council very often, but we have a process in the city for people to acquire a mobile sales unit license and this is for -- for various types of mobile sales, whether it's a food truck, whether it's a door-to-door salesperson, whether it's a -- the ice cream truck -- we have varieties of different mobile sales and these also includes things that -- people that come and spray yards. I think it's -- so, basically anybody that is going to interact with the public either by attracting them to their vehicle, like a food truck, or going to their home door to door, like a mobile sales for any of the type of product, that -- like this particular one is, under our code we are required -- we do do background checks. You are required to reveal any prior criminal history of any kind that you may have and, then, we have some specific language in our ordinance that prohibits a person from having a license in the city if they have any type of conviction within the last five years of certain offenses. So, based on our relationship with the police department and, then, the FBI computer where all we get this background information from, all of the criminal history goes to the police department. It's not reviewed by my office or by the city clerk, but just by the police department. They are the only ones that review it. We don't reveal that. We are not allowed to release anything in relation to what that record shows. Basically the police advise us of whether the person has either a history that is consistent with their application, so they have revealed everything that we discover in the background check, and if they have anything that disqualifies them from having a license. In this case this individual, Mr. Benbrooks, that's making the appeal, was denied a license for a mobile sales unit based on the police's response. He did receive a letter. There is an appeal process in here Meridian City Council Meeting Agenda August 7, 2018 — Page 120 of 572 Meridian City Council July 24, 2018 Page 8 of 112 that he has an opportunity to make his plea to you. Lieutenant Colaianni can't tell you what the particulars are, but if you want to ask him about his process and how he goes about reviewing that you certainly can. But in this particular case Mr. Benbrooks was advised that his denial was based on not providing all the -- all the information that was required and having a disqualifying event on his prior record that disqualified him from having a license. De Weerd: Okay. Council, at this point do you want to hear from Lieutenant Colaianni on the process? Okay. Colaianni: Good evening, Madam Mayor and Council Members. I will be brief. Just to give you some context on my role here when it comes to approving city licenses is the application -- the applicant in this case Mr. Benbrooks arrives at the clerk's office, fills out an application, which you have there. The application is very clear. It requires that you self disclose your entire criminal history, citations, regardless of conviction or dismissal, you have to disclose everything. Once that's done they submit fingerprints to the FBI and the FBI runs them nationally through all the states. Within two weeks to a month I get those results back electronically. I review them and I go in and I pull the application in Accella and review what the applicant has put in their application to make sure that we are in sync, that the applicant has given us everything we need to make a decision on whether I'm going to allow this person be licensed to go to homes and go into people's homes and sell stuff and be in our parks, whatever the circumstances may be and once I have that I also check all our local systems, I check driving records and there is a number of databases I check, because sometimes even a two week gap or a month gap between when they submitted fingerprints and when it comes back things can happen. So, I go through all those and, then, I look at the application. In this -- in this particular case when I was going through Mr. Benbrooks' application I came across a disqualifying entry on a conviction that our city code is clear that if you have a conviction within these five years you can't have a door-to-door sales license and so I continued through the application, I looked at how detailed he went into it. The other thing I came across is there -- in nowhere comes close to reflecting his entire criminal history. There has been a lot left out and I didn't feel comfortable moving forward approving this. I did contact our city attorney's office, ran it by them to make sure I was processing right. They concurred and they thought that the denial was appropriate given the circumstances. I, then, notified the clerk's office to send a letter of denial based on this decision and they sent Mr. Benbrooks the denial letter. Mr. Benbrooks did reach out to me. We did have a phone conversation briefly disclosing why I did what I did and what that process looked like if he wanted to appeal, which he's done tonight. But for these reasons I recommend that the Council stand by my decision and affirm the recommendation that we deny this particular one. I do well over a hundred of these a year and it's rare that we get to this point where a denial comes to this. There are a few I deny each year, but, you know, this is a process and you have to abide by the rules and the ordinance is clear on what's allowed. So, I will stand for questions. De Weerd: Okay. Any questions from Council? Thank you. Meridian City Council Meeting Agenda August 7, 2018 — Page 121 of 572 Meridian City Council July 24, 2018 Page 9 of 112 Colaianni: Thanks. De Weerd: Is Mr. Benbrooks here? Would you like to say anything? If you can, please, state your name and address for the record. And you can pull that down. Benbrooks: Yeah. My name is Don Benbrooks. I live at 9488 West Rustica Drive, Boise, Idaho. De Weerd: Okay. Thank you. Benbrooks: While I did complete an application for a solicitor's license, that's what I do for a living, and if I was not one hundred percent complete on it I apologize. I did not have everything in front of me. I did go through a divorce in which was not amiable. That was quite some time ago. However, this is how I currently make a living. One of the things I do do, though, is when I do work in a city I apply for a solicitor's license. The reason I do so is to apply by -- to abide by the laws, because -- and it's rare, but it does occur that police officers or customers do ask you for it and to be better successful and in compliance with everything I do apply for a solicitor's license, which I hold several, so -- and it's the way I make a living, so -- De Weerd: Okay. So -- but you're appealing the denial. Benbrooks: Correct. I admit that I did not -- if I -- if there was something left out in terms of my police history -- I'm not a dangerous criminal. I certainly respect the fact that we don't want that in the city or anything like that, but I had a conviction of a disturbing the peace and a no contact order violation. De Weerd: Okay. Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Can you share with me the -- how long ago was that? Benbrooks: The last one was I think 2015 when I went through my divorce and I actually -- my -- and I don't know -- I don't want to go into a lot of detail -- Milam: I'm not asking you to. Benbrooks: -- but I had -- when I was retrieving my property from my residence and there was a police officer on -- on the property and yet she still filed a police report and, then, I accepted a disturbing the police -- or peace plea and paid a fine. Milam: Madam Mayor, follow up. The police that was on the property was an escort for you? Meridian City Council Meeting Agenda August 7, 2018 — Page 122 of 572 Meridian City Council July 24, 2018 Page 10 of 112 Benbrooks: Yes. It was Ada County Sheriff. Milam: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: This is awkward. Sorry about all this, but -- Benbrooks: That's okay. Palmer: So, are you Donald R. born in '61 ? Benbrooks: I'm sorry? Yes. Yes. Palmer: So, on the repository it's showing that -- either another incident or that same thing that it was in April of last year. Is this wrong or did it happen last year? Or did it happen multiple times? Benbrooks: That was the -- the no contact order violation. That was in April of last year. That was about two years in terms of the court -- going to the courts. I was out of town and I sent a text message and when I went to court and on it I just -- I said, yeah, I sent the text message on it, yeah. So, I pled guilty to it. Yeah. I mean that's a violation. De Weerd: Council, if there is nothing further I -- I guess you -- you have in front of the appeal of the denial. So, I will need a motion on upholding or accepting the appeal. Is there anything further you would like to share? Benbrooks: Just that the business that I'm in it's not common that people actually apply for solicitor's licenses. I run -- you know, I do this for a living. I try to uphold the law and apply for a solicitor's license. There is a lot of people that go out and do it without paying the 107 dollars per city and just do it until they get told to go -- to leave town and go somewhere else. I don't take that route. So, in that respect I try to uphold the law in that respect, yeah, so -- De Weerd: Well, we issue a lot of solicitor's licenses, so they -- they do take that serious and -- and certainly we hope our citizens know when someone knocks on your door, please, ask them to see their solicitor's license, because, then, you do know that they have been gone through a process and I thank you for going through our process, but our police has made a determination that you're appealing and -- and we will see what Council decides. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 — Page 123 of 572 Meridian City Council July 24, 2018 Page 11 of 112 De Weerd: Mr. Palmer. Palmer: One more question. So, looking at the application it looks like you applied in June, but it appears that you were -- to get it -- or however that works. In May. Was that in Meridian or -- or a different city? For soliciting without a -- without the permit to do so. Benbrooks: What's the question, sir? Palmer: So, on May 24th the repository is showing that -- that you were cited for soliciting without a -- without getting the -- the permit. Was that in Meridian or was that somewhere else? Benbrooks: That was in Star. I have that permit on me. I did not have it on me that day. I went to court and -- and -- and showed that, yeah. Palmer: Okay. Cool. Benbrooks: Yeah. Palmer: Thanks. De Weerd: Okay. Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we uphold the decision made by our Police Department in denying the mobile sales unit license to Mr. Benbrooks. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: This is a tough one for me. You know, I'm a small business owner and I get that -- I respect hard work and I respect dedication and I respect our citizens making a living in the right way and this is a tough decision. However, you know, we have our lieutenants, the boys in blue that do a good job and -- and although we were not able to know the exact details, I trust your judgment and this is the first time I have heard or seen an application like this get denied, but I know it's for a reason and although Mr. Benbrooks is a good hard worker and I respect that and I respect your means to make a Meridian City Council Meeting Agenda August 7, 2018 — Page 124 of 572 Meridian City Council July 24, 2018 Page 12 of 112 living, I have to trust our -- our lieutenants in their job in protecting our citizens and making sure that our citizens are one hundred safe all the time and so that's where I came to my judgment and my decision. De Weerd: Okay. Anything further from Council? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Approval of FY2018 Amended Budget in the Amount of 144,675,645 De Weerd: Okay. Item 9-13 is the approval to publish the 2018 amended budget. This is just about publishing. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve the FY -2018 amended budget in the amount of 144,675 -- 144 million dollars 675,645 dollars. Milam: Second. De Weerd: I have a motion and a second. If there is no discussion, Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Approval of Tentative FY2019 Budget in the Amount of 130,464,302 De Weerd: Item 9-C is the approval of the tentative fiscal year 2018 budget and this is to publish for the public hearing. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 7, 2018 — Page 125 of 572 Meridian City Council July 24, 2018 Page 13 of 112 Cavener: Madam Mayor, I move we approve 9-C, approval of the tentative FY -2019 budget in the amount of 130,464,302 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: As you know I promised when I was campaigning that, you know, as long as we were spending money as recklessly as we have been, that there was no way I was going to vote for a tax increase and this proposed budget that we are about to send to you guys includes a tax increase for all kinds of stuff. It would really help that -- that any of you who are interested in where this 130 million dollars is going to go, would come to our meeting in August. That will be the public hearing. To come and let us know, hey, maybe I don't want my taxes increased for -- I could spend an hour going through stuff, so -- actually, I could spend all day. We did spend all day. So, I won't be voting for it. De Weerd: Okay. This is to send it to a public hearing. Palmer: Madam Mayor? And feel that the budget that is proposed to send to the public is inappropriate. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, absent; Bernt, yea. De Weerd: Okay. The ayes have it. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. D. Public Hearing continued from July 17, 2018 for Program Year 2018 Community Development Block Grant Annual Action Plan 1. Resolution No. 18-2092: A Resolution Approving Adoption Of The Community Development Block Grant Program Year 2018 Action Plan And Submission To The United States Department Of Housing And Urban Development; Authorizing The Mayor And City Clerk To Execute And Attest The Same On Behalf Of The City Of Meridian; And Providing An Effective Date. Meridian City Council Meeting Agenda August 7, 2018 — Page 126 of 572 Meridian City Council July 24, 2018 Page 14 of 112 De Weerd: Item 9-D is a public hearing continued through -- from last week, July 17th, for the program year 2018 for the CDBG action plan. Pope: Madam Mayor, Members of the Council, so this is continued, as was noted, from last week. We have been undergoing our public comment period for this program year 2018 CDBG action plan, which ends today and my assumption is that we will conclude the public hearing today in line with the ending of that public comment period. I did receive, in the meantime, one new public comment via e-mail from a resident named Jennifer Cavaness-Williams, whose comment I would like to read on the record right now. She noted all of the organizations and projects chosen are worthy and I would hate to take anything away from them. However, I hope the city considers using future grant money to build a performing arts center. Meridian is at a stage in its growth where it would benefit from a performing arts center. This comment will be included as an appendix to the action plan that we send to the federal government. The suggestion, however, will not change any content of the plan as we kind of already gone through and have a pretty rigorous application process for some of these projects. But consideration will be given in future program years to -- to Ms. Cavaness-Williams' proposal here. This was one of two public comments that have been received. The other was read into the record last week. Before we jump into the -- the public testimony portion of -- of this meeting I did want to note a couple of changes that have been made to the content of the action plan since it was first published and made available to the public in -- in mid June. This is a list of some of those things and I just want to run through them really fast. The language was added to finalize some of the backup projects that we talked about. To remind Council, there are three backup projects that the Department of Public Works has proposed for streetlight installation in certain areas of the community. A couple of clauses were added to the plan to make sure that those meet the standards and regulations that would be expected to kind of formalize that in the plan. In addition, more background information was -- was added as an appendix to those alternate and backup projects. A summary of comments that have been received through yesterday was included in the plan and that included the text and a summary of the comment that was just read into the record. Errors were corrected in regard to certain project addresses -- to admit there was one where I had the -- the word way instead of street, so making just small little typos like that -- were -- were cleaned up. I also put in a summary of the public outreach efforts that we have undergone through these presentations, through newspaper articles, through online articles as well, are included in this plan and detailed there now where they weren't before, because we hadn't really undergone any public outreach at the time. In addition, some of the -- the required documentation certifications to get this in front of HUD and approved by HUD, assuming that everything is found to be eligible, is now included in the document and a few portions of the executive summary section are now updated in the plans to reflect these changes. I just want to make sure that you guys are aware of those changes that have been made over the last month or so. With that we would recommend taking any public testimony that is -- that is here today on any of the things in this plan and move forward with a proposal to adopt via resolution this plan for this upcoming program year. Meridian City Council Meeting Agenda August 7, 2018 — Page 127 of 572 Meridian City Council July 24, 2018 Page 15 of 112 De Weerd: Thank you, Chris. Council, any questions? Okay. This public hearing was continued from last week. Is there anyone who wishes to provide testimony? Okay. Thank you. No one signed up? Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, this is going to be weird. I'm going to make a motion and, then, I'm going to vote against it. So, the reason I wanted to do that is -- so, my assignment this year is as a liaison to Community Development and part of that role is to -- to help I guess with the process for CDBG. I have made it clear in the past that I object to it existing in that it's the federal government spending money that they don't have, but when it comes to the administration of the program, it's done in an amazing fashion. Chris is an incredible wealth of knowledge when it comes to making sure that everything is complied with and dealing with the federal government and -- and ensuring that the projects that are applied for -- that all the applicants know exactly how it's going to work and -- and -- and what to do and -- and what would qualify and, then, the team that made the decisions on what would be put into the project, did a great job in ensuring that -- that every dollar is to be stretched to be the most effective use for our citizens. So, while I plan to make a motion to -- to approve this plan, I plan to vote against it strictly in that I'm -- I'm against the federal government spending money that they don't have and us participating in -- in their reckless spending. So, with that I move we approve resolution -- De Weerd: Can you first make a motion to close the public hearing. Palmer: Madam Mayor, I move we close the public hearing on 9-D. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on 9-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Now I will entertain a motion on Resolution No. 18-2092. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve Resolution No. 18-2092. Milam: Second. Meridian City Council Meeting Agenda August 7, 2018 — Page 128 of 572 Meridian City Council July 24, 2018 Page 16 of 112 De Weerd: I have a motion and a second. Any discussion? Pope: Madam Mayor, if I may, I do want to make one point of -- kind of logistical administrative nuance. The absence of public comment and testimony today, I will need to write that up and include that as an appendix to the plan that you are going to be approving today. So, what you are approving is not in its final version. I just -- aside from the fact that I need to include one more appendix that says that there was no public testimony given today. So, kind of a conditional ask for approval with this, but I wanted to be transparent in that point, that there will be one last change that is made to the plan that will be submitted and that is part of -- of what you are approving with this motion. De Weerd: If the motion can include the upcoming appendix to state there was no public testimony. Palmer: Madam Mayor, yeah, can we amend it on the fly and that way you don't have to -- I don't know if it takes more detail than just saying no testimony was given. De Weerd: I think if you just state that -- with the addition of an appendix stating there was no public testimony. Palmer: If that all flies and that's my intent of the motion for sure. De Weerd: Okay. Second agree? Milam: Yes. De Weerd: Okay. Any further discussion? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, absent; Bernt, yea. De Weerd: The ayes have it. Thank you. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. E. Public Hearing for Proposed Parks Fees 1. Resolution No. 18-2091: A Resolution Adopting New Fees Of The Meridian Parks And Recreation Department; Authorizing The Meridian Parks And Recreation Department To Collect Such Fees; And Providing An Effective Date. De Weerd: Item 9-E is a public hearing for our Parks Department and I will turn this over to Colin. Meridian City Council Meeting Agenda August 7, 2018 — Page 129 of 572 Meridian City Council July 24, 2018 Page 17 of 112 Moss: Good evening, Madam Mayor, Members of the Council. These fees before you tonight are our regularly scheduled activity guide fees. They will be for the fall activity guide coming up here in August and so we have a long list of classes that will be included in that activity guide, so I will just -- I will stand for any questions that you might have. De Weerd: Okay. Thank you, Colin. Council, any questions? Thank you. Moss: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt, can I first ask if there is any public testimony. Bernt: Yes. De Weerd: Okay. Bernt: I was going to ask you to do that, Madam Mayor. De Weerd: Thank you. That was awfully polite of you. Bernt: You're very welcome. Looking after you. Coles: No sign-ups, Madam Mayor. De Weerd: Is there anyone who wishes to provide testimony on our public -- on our park fees? Okay. Mr. Bernt. Bernt: I'm all confused up here. Madam Mayor, I move that we close the hearing for Resolution No 18-2091. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on 9-E. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Mr. Bernt. Bernt: Madam Mayor, I move that we approve Resolution No. 18-2091, park fees. Milam: Second. Meridian City Council Meeting Agenda August 7, 2018 — Page 130 of 572 Meridian City Council July 24, 2018 Page 18 of 112 De Weerd: I have a motion and a second to approve Item 9-E-1. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. F. Final Plat for Hill's Century Farms No. 11 (H-2018-0068) by Brighton Investments, LLC , Located East of S . Eagle Rd. and South of E. Amity Rd. De Weerd: Item 9-F has been requested to continue to August 21 st. So, Sonya, do you know what the reason for the continuance request is? Allen: Yes, Madam Mayor. The applicant needed additional time to prepare an open space exhibit that was required with a previous phase of development. They were supposed to submit it with this application and apparently forgot. De Weerd: Okay. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we continue Item 9-F to August 21 st, 2018. Cavener: Second. De Weerd: I have a motion and a second to continue this item to August 21 st. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. G. Public Hearing for Cherry Blossom Subdivision (H-2018-0018) by Jayo Land Development Company, Located at 615 W. Cherry Lane 1. Request: A Rezone of 10.74 Acres of Land from the R -4 to the R -8 Zoning District; and 2. Request: A Preliminary Plat Consisting of 47 Single -Family Meridian City Council Meeting Agenda August 7, 2018 — Page 131 of 572 Meridian City Council July 24, 2018 Page 19 of 112 Residential Building Lots and 11 Common Lots on 10.25 Acres of Land in the Proposed R -8 Zoning District Palmer: Okay. Item 9-G is -- was not posted, so we cannot hear it even if you wanted to. But I do need a motion to continue or if, Council, you would like to send out notices to the surrounding neighbors once again we can do so. I would suggest that you ask that the applicant pay for it. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: What are noticing requirements? Do they just need to post a sign with the new date or do we -- does it -- the mailing have to happen again? De Weerd: Mr. Clerk or Mr. Nary? Coles: Madam Mayor, Members of the Council, I will jump in and Mr. Nary can correct me if I misstate anything. So, with this application what -- what did not occur was the physical posting of the sign on the property. So, one, they need to do that. What the Mayor was speaking to was if the Council so desires to renotice to the neighbors to have the postcard sent out and/or also include the newspaper noticing, that would be an additional step, addition requirement, that would need -- Council would need to direct the applicant to either pay for that or if you didn't direct the applicant to pay for it, to pay those fees, and you still wanted that to happen, then, the city would absorb those -- that cost. So, those are the options in front of you if you wish to have it renoticed. Otherwise, the renotice that occurs is the sign going up on the property and an agenda notice and that is it in terms of renoticing that date. De Weerd: Council President Borton and I talked about this on Friday, because Council -- we have seen several of these and you have expressed concern, so we talked Friday and asked that Mr. Clerk or our attorney would be available to -- to make suggestions on what you can do, since as our planning staff had talk to you about, they do send out an e-mail reminder and that is above and beyond what is necessary, but it is important that we do have full notification. Milam: Madam Mayor? mylkyr 'iai0TIMOTA"i " Milam: Well, I'm just going to make a motion. I move that we continue -- I can't read -- H-2018-0018 to August 21st and I believe -- and I would like to -- I would like it to be renoticed -- send out new notices at the expense of the applicant. Cavener: Second. Meridian City Council Meeting Agenda August 7, 2018 — Page 132 of 572 Meridian City Council July 24, 2018 Page 20 of 112 De Weerd: Okay. I have a motion and a second. Mr. Cavener. Cavener: Question I think maybe for the clerk's office. We feel competent in our ability to get all that information out in time for it to be received with all of our noticing requirements that citizens can be informed in time? Coles: Madam Mayor, Members of the Council, Council Member Cavener, the short answer is yes. However, with the applicant needing to pay the additional fee to renotice, we would -- that would need to be paid in order for us to -- to move forward. So, we can have everything ready that once that check is in hand we can press play, essentially. Cavener: Great. Palmer: I think you had asked earlier if anybody was here for this item. Was there any indication to the public that this item was going to be requested to be continued until the agenda was amended? Coles: Madam Mayor, Members of the Council, Council Member Palmer, we did get notification late last week from the applicant that this would need to happen, because that -- the site was not posted with the sign. So, we did send out a notice via NextDoor to those within the -- the radius stating this fact, that, yes, it would be listed on the agenda, but they couldn't -- Council could not hear it and it would need to be continued. So, we did do that via NextDoor. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Clerk, I skipped over this and so I didn't look at the packet, because it was going to get continued, but I do have a question regard to the packet. Was there a lot of feedback in regard to this particular application? Coles: Madam Mayor, Members of the Council, Council Member Bernt, yes, there is a lot of public interest on this application. De Weerd: Okay. I have a motion -- Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I was just going to say -- sorry. To the applicant that the reason I -- that I included that is because it was simple negligence that -- that this has to be continued to another date and we have had times where a room full of people show up to an event and -- to a hearing and, then, it has to be continued and it's -- it's -- it's just really rough Meridian City Council Meeting Agenda August 7, 2018 — Page 133 of 572 Meridian City Council July 24, 2018 Page 21 of 112 on our citizens and if you're not going to follow the rules, then, that's why we are going to -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think that -- that since there is nobody here that -- I mean if there is nobody here that would have come with the notice that, then, wouldn't have gotten the NextDoor notice saying not to come, so maybe there was somebody who got the paper notice, but, then, also got the NextDoor notice. I think rather than punishing the -- the applicant by making him pay for something that isn't -- wouldn't be required, I would rather us post it on -- on NextDoor to anybody who may have received the paper and planned on coming, but because they got the NextDoor notification saying, okay, I'm not going to go, that they may receive that notice again and, obviously, require that the applicant post the sign, but not require they repay to -- to send out new notices again, since there is nobody here that -- to testify on it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't think this is punishing the applicant in any way, shape, or form. I think this is the appropriate approach in light of the situation to ensure that our citizens are informed that we are going above and beyond to educate our taxpayers, to educate the citizens that are impacted by this project, that everybody is on the same page so nobody is confused, about this. So, I don't think it's a punishment, I think it's best practices and it is a motion that I obviously support. Call for the vote. De Weerd: Okay. The motion is to continue this to August 21st requesting that the applicant send out notices to that the -- the neighboring properties. All those in favor say aye. Any opposed? Okay. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. H. Public Hearing for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations De Weerd: Okay. Item 9-H is a public hearing for H-2018-0066. I will open the public hearing was staff comments. Meridian City Council Meeting Agenda August 7, 2018 — Page 134 of 572 Meridian City Council July 24, 2018 Page 22 of 112 Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site is located at the southwest corner of North Ten Mile Road and West Chinden Boulevard and is zoned C- G. The property was recently annexed into the city as part of the Lost Rapids project. A development agreement was required as a provision of annexation, but has not yet been approved by Council and recorded. The applicant is requesting an amendment to the development agreement provisions for the Costco project to remove the requirement for conceptual building elevations to be submitted in the future for the Costco store and the addition of a requirement for future development to substantially comply with the conceptual elevations submitted with this application. The concept elevations submitted with the annexation and zoning application were not approved by Council. A provision of the agreement requires the agreement to be amended to include conceptual and building elevations for the Costco store, as discussed at the hearing on April 3rd. Several concept designs were submitted to the Mayor and Council for review prior to submittal of this application. Based on the feedback received, the applicant submitted concept elevations as shown. Building materials consist of split face, stucco, ribbed metal paneling, steel trellis awnings and glass entry and sectional doors. Various colors of materials are used for your interest and variety. A five foot tall berm with landscaping and six foot tall wood fence is proposed along the back, which is the west side of the Costco building, to buffer the future residential uses. This buffer will also assist in screening that side of the building. The applicant is required to submit a design review application for final approval of the building elevations prior to submittal of a building permit to ensure compliance with the standards in the architectural standards manual. If any of the standards cannot be met, a request for designed standard exception should be submitted as set forth in the architectural standards manual. Written testimony has been received from Andrea Nist, Chrys Eastman, Helene Thompson, Jenniffer Card, Jessica Carter, Karen Stagg, Sarah Haynes and Steve Traviss. They are not in favor of the proposed elevations and want a more unique neighborhood friendly design. Written testimony was also received from Shane Hanson. His comments were unrelated to the subject application, though. Staff is recommending approval with the changes to the development notes in Exhibit A-3 of the staff report. Staff will stand for any questions. De Weerd: Council, any questions? Okay. Is the applicant here this evening? The applicant will be given 15 minutes to present the project and, then, we will enter into the public testimony, which is three minutes for each member of the public that would like to testify. If there is a spokesperson for a larger group, an HOA or a neighborhood association, that person will be given ten minutes if they so choose and, then, we will ask the applicant to have concluding remarks and, then, Council deliberation. So, thank you for joining us. If you will, please, state your name and address for the record. Kahn: Thank you, Madam Mayor. My name is Peter Kahn. 999 Lake Drive, Issaquah, Washington. I represent Costco. Madam Mayor, Members of the Council, I will just have a few brief opening remarks. With me tonight is my architect Steve Bullock. He will have some -- Steve will present an overview of the design and the intent of the design and I will start with first saying I appreciate staff's report and, of course, we Meridian City Council Meeting Agenda August 7, 2018 — Page 135 of 572 Meridian City Council July 24, 2018 Page 23 of 112 support the conclusions of the staff report. Secondly, I would like to thank staff and all of you for your help and input on this design. We really tried to make this into an iterative process and their help was -- everyone's help was instrumental in helping us come up with a design that we feel is contemporary, is of visual interest. We believe that it speaks to the community standards, is a sustainable design and is unique and unique for Meridian. With that I will turn it over to Steve. He can walk you through some of the design features and some of the things that we hope you will find makes this an attractive building and a welcome addition to your community. Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sir, I have a question for you. We received many letters over the last week or so and the main -- one of the main complaints is that they were told that the neighbors were going to have some input and they did not have the opportunity to -- to help give the input on the design of the building. Do you have any response to that? Kahn: Well, we did have a community meeting, which we properly noticed and, unfortunately, we didn't have anyone show up at the meeting and -- but, you know, I didn't know how to interpret that, if that was a lack of interest or if community members, you know, didn't want to engage at that time. Many of them had my name and address and we communicated when we had our prior hearings. They certainly could have reached out to me and I always respond and, you know, that's only the right thing to do - Milam: Right. Kahn: -- and if I had known of their interest and, you know, unfortunately, it sounds like there was some miscommunication and it just didn't happen. But we were more than willing to -- to talk to anybody at anytime. Milam: Thank you. Bullock: Good evening, Madam Mayor, Council Members. My name is Steve Bullock. I work for MG2. Our address is 1101 2nd Avenue, Seattle, Washington. As Peter said, we are very grateful with the feedback that we received from both staff and -- and Council Members in -- in trying to get to the design that we have right now and our goal all along with this was to come up with -- with this a final solution in design that reflects who Costco is as a -- as a retailer, wholesaler, somebody that provides quality goods, high quality goods, things that last long for a good value, that's -- that's who they are and they want that imagine to show in their facilities and at the same time we also want to -- wanted to create a design that was something that would fit in with Meridian, that would fit in with the community, that would meet the city's codes and -- and standards and be a unique final design and solution that -- that people would be happy with and in doing that we believe we have come up with -- with a design that -- that does that. It -- it Meridian City Council Meeting Agenda August 7, 2018 — Page 136 of 572 Meridian City Council July 24, 2018 Page 24 of 112 uses a number of materials and -- how do I -- we are using concrete as -- as a material that will have reveals and shadow lines cast into it. We are going to be using split -face CMU. We are going to have a stucco finish. We are using some architectural metal panels for accent pieces and we are exposing a bunch of structural steel in the form of trellises and -- and knee braces and introducing glass all along our front entry canopy and -- and tire center. Glass walls. Trying to incorporate all these different materials and -- and treat them a little bit differently as we go around the building to -- to tie it together as one cohesive whole, as well as to create something that is interesting, that - - that is -- is not static, that -- that provides new glimpses and -- and interesting views and elements as you wrap around the building. We like to start with the entry canopy, because that is such an important feature of the building and as we -- as we develop the two facades, along with the entry canopy that are our most public facades, then, we take cues and -- and features from those and continue to wrap those around the building to make sure that the building has an integrated whole, that it is -- it is something that the design all the way around the building is -- is connected, it speaks to it -- itself and -- and what it is and -- and that's not to say that it's identical on the back as it is on the front, but it is to say that we are coming up with a -- a solution that you do know that it's a Costco as you wrap around the building and it responds from a design perspective to -- to be the back side of the building. It's still part of the building. It's simple, but -- but it still reflects some of the character of the front and in this case it's -- it's quieter and -- and something that is a good neighbor to the -- the surrounding residential to the south and the west. One -- one comment that was made is -- is that the entry canopy -- it would be a nice if the entry canopy had a little bit more of a market type feel and one of the things that we wanted to clarify about the entry canopy is that -- that the -- the glass doors you see on either side of the -- the main entry -- the main entry is a -- is a storefront curtain wall with sliding glass doors, but -- but the glass doors and walls on either side of that are actually roll -up glass doors and -- and the purpose of that is that -- we call it a cold weather canopy and in places where we have cold winters we want to be able to close that area off for the protection of employees, customers, and -- and equipment and facilities. But, then, as -- as things warm up, then, those doors can open up and it becomes more like an arcade and -- and a place where people can sit in the shade or -- or in the sun and -- and -- and it provides more of that market slash arcade or colonnade -type of feel there at the entry canopy and this kind of gives you a better picture of what that's like. As we kind of go around the building in a clockwise fashion, this is going down the east facade of the building, the tire center is along that area and -- and you can see the mix of materials and the change of colors between the concrete pilasters, the CMU found -- foundation strip and, then, where it pops up at the corners, the stucco that kind of wraps around the -- the tire center bays and then -- and, then, the architectural metal panels kind of framing the -- the -- the corner as well with -- with trellis features that -- that provide some additional depth and an interest at the corner of the building there. Oops. Wrong direction. This is -- to the right is the south facade and, again, this is a very quiet facade of the building. We have a driveway there to allow for emergency egress from the building if -- if ever needed and also to provide a secondary way to the receiving area if needed, but in -- in all reality there is -- there is multi -family residential to the right of the screen and there is single family residential to the left of the screen. We are trying to create something here that is Meridian City Council Meeting Agenda August 7, 2018 — Page 137 of 572 Meridian City Council July 24, 2018 Page 25 of 112 still consistent with the design that we have on the north and the east facades of the building, but that is a little bit more subdued and -- and creates a rhythm that's -- that's just quiet and -- and easily fits into -- to the residential areas and we are relying more on landscaping to screen and -- and soften these facades of the building. As we wrap around to the -- the north -- the northwest of the building, you know, again, you see the - - the corners popping up with the CMU and further emphasized with a concrete pilasters and structural steel trellis features and -- and landscaping. Here is -- here is some elevation views and -- and we always show these at the -- at the end, because you never do actually ever experience a building as you see the elevations and so they are always a little bit cautionary. You can get kind of focused on these and go, wow, that's a really long building. But in reality you never experience it like that. If you're -- if you're far enough away from the building that you can see it, it's so small at that point that you don't realize it, but when you're up close to it to -- to see how big it is, then, you're not experiencing it. But this does give you an idea of all the different things that we are doing around the building related to changes of materials, colors, architectural features, pilasters, trellises, glass, curtain walls and roll -up doors and -- and -- and cornice features, too, where we -- we change the depth of the -- the cornice feature to -- to give enhancements in different parts of the -- of the building. We wanted to -- to bring up this site plan, which is also part of the annexation and -- and rezone and -- and just to further emphasize -- does my mouse show? Just how much landscaping is -- is located along the west side of our building and along the south side of our building to -- to screen those two sides of the building that are a little simpler from an architectural perspective, but there is a significant amount of landscaping providing an additional screening and softening of those elevations. This is a section that shows what the -- what that portion of -- Especially particularly from -- from the southwest corner of the site there is a very large planted area that is inclusive of a berm and -- and -- and fencing to -- to screen the building, you know, up over 12 feet in height. So, with that I would be happy to answer any questions that you have of me related to the design. De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: You might not be the person really to question. It's not really about the design, but it's kind of about the design. The windows that are part of the -- the nicer part of the facade on the -- in the building and here they are shown up you said when there -- it's warm weather. Would the intention be to lower those every evening, even in the summer months when they would be open? Bullock: And that's -- that's kind of up to the -- the store manager how they want to deal with that. Those doors are not -- they are not providing any locked up portion of the building. One end of that -- that entry canopy is -- is wide open and doesn't even have a door. So, people could still get behind there, even if those doors are down, but it's -- it's -- it's more of a -- just how does the store manager want to -- to operate that. Meridian City Council Meeting Agenda August 7, 2018 — Page 138 of 572 Meridian City Council July 24, 2018 Page 26 of 112 Milam: Okay. Madam Mayor? De Weerd: Uh-huh. Milam: Somebody may want to answer that, because if the intention is so that the building will look nicer, yet six months out of the year that's not there, it kind of takes away a lot of that intent. So, that's -- and like I said, you may not know the answer to this, but -- Bullock: Well -- and I would argue -- I mean you may think it -- it doesn't look as nice with -- with those down. I think it still looks very nice with them down and it's a different feel when they are up and there is more of an open arcade when they are up, yes. Bernt: Madam Mayor? Kahn: The open field is definitely nice and I think the biggest thing is the winter months here is -- it really becomes an energy efficiency issue for us more than an aesthetic issue, because if you have been to Boise or you have been to the Nampa, the units that we have, the entry and the exit don't have doors. So, we have employees standing there either to check your card or check your receipt and without the glass and the slider door at the front they get cold and we lose a lot of energy to the environment and energy efficiency is a big part of one of our operational concerns since, you know, with all the refrigeration we have and air conditioning and heating and everything, we use a lot of power and if -- at least in the winter months, you know, our goal is to minimize the heat loss from the building and a lot of the materials that we choose just for the building skin are chosen because of their energy efficiency. The stucco that we are using as a -- is an integrated panel that has an R rating of like 19, 1 believe, which is pretty remarkable and is in a -- you know, a wonderful insulation material and so having the doors up or down, as Steve pointed out, it will be up to the -- the manager's call on that, but, you know, you guys have really nice weather here. You know, coming from Seattle I can tell you. The -- I think the doors will be up a lot and -- but, you know, on the colder months I would expect to see them down more than up, so -- De Weerd: Okay. Any other questions? Thank you. Mr. Clerk. Coles: Thank you, Madam Mayor. As far as sign-ups go, first on the list to sign up for the public hearing Linda Arnold, listed as against, no indication of a testimony. Michael Arnold is listed as neutral. Jane Albert is listed as against and wanting to testify. De Weerd: Good evening. If you will, please, state your name and address for the record. Albert: Good evening. My name is Jane Albert. I reside at 6628 North Salvia Way in Meridian. Meridian City Council Meeting Agenda August 7, 2018 — Page 139 of 572 Meridian City Council July 24, 2018 Page 27 of 112 De Weerd: Thank you. Albert: Thank you. First I must reiterate my objection to the project and the fact that the City Council ignored the city's own Comprehensive Plan in approving that. This remains a significant disappointment that residents cannot rely on the very document that is supposed to be used by citizens, quote, to better understand the city's vision for their neighborhood, their business, and the city as a whole. De Weerd: Ma'am? Albert: Yes. De Weerd: If you can testify on the application that is in front of us. Albert: That is the next paragraph. If the Costco project proceeds, neighbors deserve better than the conceptual design submitted by the developer. We want to see an effort put forth to create a unique design compatible with the neighborhoods surrounding it and you did, too, having focused so much time in the April 3rd meeting on design elements of this project. This seems to be simply a mash up of the same old design. It is known that the developer held a neighborhood meeting on the subject and despite the demonstrated wide interest in the project and rather than being inclusive and transparent, they held to the bare minimum of required noticing. But as neighbors of the project our preference is to have a discussion of the proposed elevations with our elected officials present and recorded in official meeting fashion. Prior neighborhood meetings held by the developers have demonstrated that they offer more of a sales pitch for the project, rather than genuine listening sessions. Yes, the Mayor, City Council, and staff had the opportunity to comment on the different designs presented to them, but isn't it in everyone's best interest to have comments from those who actually live in the neighborhood and are directly impacted on the record, rather than relying on the developer's recollection and interpretation of the citizens' input. I urge the City Council to deny the modification to the development agreement and require Costco to make changes to their conceptual plans to reflect our input and, again, go through design review with a concept that is deserving of the neighborhoods that they are invading. Surely the developers have the resources design -- to design something that blends with the existing neighborhoods. I do not observe red, black, blue, gray concrete metal accents nearby. Thank you. Palmer: Madam Mayor? Bernt: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor and ma'am, you had mentioned that you wanted to have a discussion with your elected officials on the record. Here we are. We are on the record. We are here. What would you like to see specifically in the design is the question. Meridian City Council Meeting Agenda August 7, 2018 — Page 140 of 572 Meridian City Council July 24, 2018 Page 28 of 112 Albert: I think something that blends with the color schemes, maybe something that is unique. This is -- doesn't necessarily reflect, in -- in my opinion, the feeling of the neighborhoods. These neighborhoods are now established. There are blends of colors and textures that I believe should at least be considered in some of the design elements that have been presented. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Ma'am, thank you for coming this evening and I -- we certainly don't want to put you in a position where you feel like you're getting blistered with a bunch of questions, but I do have one. You speak about color schemes and different materials. In your opinion what -- what would those be? Albert: Well, again, I think that they should blend. I don't think this blends in -- in the neighborhood. This is being put smack dab in the center of now existing neighborhoods that have very specific guidelines for architecture on colors, et cetera. Bernt: Correct. Albert: I understand the logo, I understand marketing, I understand they are not going to change the color of the Costco logo for my neighborhood, but I do believe that there could be an effort perhaps put forth that showed that this was more of an inclusive design, perhaps, than the standalone commercial project. Bernt: Madam Mayor, follow up. So, are you speaking in regard to like -- just like the same type of -- or similar type of building materials that you would find on homes that are surrounding this -- this potential development? Is that what you're saying? Albert: Well, sir, I'm not an architect and I appreciate Mr. Bullock's comments, but I -- you know, I think that we have some unique properties. I hear that the -- the marketplace that Albertson's just built is a -- is a -- it's an example of perhaps something that would fit better into the core of our neighborhood, because that's where it's going in the -- smack in the core of our neighborhood. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate your comments and, then, I guess I want to echo Council's standpoint. We take this seriously and so I think there is a lot of desire for us to hear from the public and -- and I think whether you believe it or not, the applicant is here and they are going to respond afterwards to the feedback that you provide and so I guess I just would encourage you to take this opportunity to tell them how you would want it to Meridian City Council Meeting Agenda August 7, 2018 — Page 141 of 572 Meridian City Council July 24, 2018 Page 29 of 112 look or you would like to see done differently. I hear a lot of -- I don't like it. I want it to blend. But one of the things that I noticed serving on this Council, you ask six Council Members a question, you're going to get seven different answers. And so you have to sift through that. But help me kind of see through your eyes. Is it -- is it the color? I mean is it -- Albert: This is a -- this is a -- they are calling it a contemporary or modern design and I think this can be done in such a way -- I understand this is a warehouse. I get it. It's a 168,000 square foot warehouse building. I don't know the types of elements that could be used, other than to say I think that concrete, steel, glass -- you know, are there ways -- I would ask -- I would push back on them. Are there ways to modify this. Is this the only option that -- that you see. You had lots of questions about this. There were many questions -- there are other designs that were viewed that evening. This is the only requirement put on them. This is what you want. You're the one that -- that put these requirements on them. Is this acceptable to you? Palmer: Madam Mayor, I will answer that. I mean to me, you know, I look at this and, you know, you mentioned colors and whatnot, to make sure that everything stayed on the record. I don't dare go look at, you know, the colors of the houses that are in your neighborhood, but considering my neighborhood -- I'm, thankfully, no longer on our HOA board, but we -- as we get our daily about -- our neighborhood is about eight to ten years old and daily -- Albert: I'm sorry, I didn't understand you. Palmer: Our neighborhood is about eight to ten years old, most of the houses in there, and daily, you know, we would get e-mails of people with their paint requests and a heavy percentage of them are -- are multiple shades of -- now I just said shades of gray -- dark grays and various grades especially, because they are -- it's a very popular color right now. So, can you -- you know, you mentioned you wanted to blend with the colors of your neighborhood. I know we keep trying to repeat this and asking it, but I'm trying to draw it out of you, what are some colors or -- I understand you might have some concerns with the -- you know, the concrete, a lot of it, you know, the -- amazing things are done with concrete these days. The Meridian Temple, the entire exterior is concrete, but the -- are the colors -- it is the metal that's -- that's really causing heartburn for you? Is -- did you want -- Albert: This is the only design that we have any input to. This is it. We didn't have the -- the opportunity to provide any input to discuss this with the applicant, to talk with the architect, to say what -- what's available to us. What -- you know, I understand this is not designed by a committee, but the -- the -- the tones that are in our neighborhood represent what I feel about it and the feeling that is here in Meridian, which is they are -- they are earth tones and, you know, they mean roots to me. It's -- it is -- this is a -- I think an eye sore. Again, I understand it's a warehouse. I understand that we are not going to change Costo's logo. But it just feels as though there could be an attempt -- a better attempt made to have this blend into our neighborhood. I'm sorry, again, I'm not Meridian City Council Meeting Agenda August 7, 2018 — Page 142 of 572 Meridian City Council July 24, 2018 Page 30 of 112 an architect, I don't know what the options are. Could there be -- what -- could there be -- you know, what are the possibilities. So, I know you're asking me for answers to that and I'm afraid that -- but what I know is that this does not blend in my neighborhood and I don't think it takes anyone too many trips through that area to know that. Bernt: Madam Mayor? I think I can help you out a little bit. We are asking the same question to you and what if -- I haven't seen the Albertson's new marketplace, but I have heard raving reviews about how cool it looks. Is there a possibility that we can get that on the record and maybe get like -- put that on the computers and put it on the record, so that maybe -- maybe you can just -- we all can look at it together and maybe see if that's more like a look you're looking for? De Weerd: I'm sure Costco wants to look like Albertson's. Bernt: I mean -- Palmer: Madam Mayor? Bernt: I mean it is what it is. I mean it's a look. It could be -- it could be a library for all care, but it's a look that maybe you -- that the residents looked at and is liking and I think we are here to discuss and to -- you know, to talk about what they feel is more in tune with their liking and if it's a competitor, I -- I think we should look at it. Albert: Well, Madam Mayor, I was put on the spot to come up with some kind of explanation of what I'm trying to say and that -- that came to my mind. I understand that's a competitor. I'm not asking them to -- De Weerd: No, that was -- Bernt: We were joking. Albert: But I did feel as though -- you know, it's -- it's -- it is a design that perhaps is -- is one to be considered and I'm sure that there are others. Ours is not the only community this company has come into it and has asked for some kind of modification to fit into the community. You looked up those -- on the computer when -- when we were here at other hearings. When you asked them -- when you made this a condition. De Weerd: Mr. Cavener. Cavener: Madam Mayor. And, Mrs. Albert, I guess maybe more than a question to help us kind of see your perspective about the process, I understand that they had a neighborhood meeting and you contend that not the right amount of people were invited. It doesn't sound like that you attended, but -- and we also have the ability to view this application on the city website and we received a bulk of e-mails that all said the same thing and -- and no comments about aesthetics or design or brown or black or Meridian City Council Meeting Agenda August 7, 2018 — Page 143 of 572 Meridian City Council July 24, 2018 Page 31 of 112 purple or polka dots -- none of that. Can you help me get a good understanding as to -- to why we didn't receive any? Albert: Well, that surprised me to get -- they had an awful lot of people. I -- I can say that the neighborhood meeting was held at the exact same time as a neighborhood meeting for another project in my development. There was some confusion on the part of our HOA as far as posting that meeting. I also -- so, I can tell you some of the reasons that I wasn't there. I wasn't even aware of the continuance from last week until I went into the file to see that it had been continued to this week and that's why I'm here testifying. I came last week as well, just in case it was heard. So, I -- I don't know that. I don't know the answer to that. But I would have loved to have gone to the neighborhood meeting to see these -- but the posting requirements, the 300 feet, which is not my home and I think that -- I only -- I know that they held to the requirement, but it -- I wish that there had been more of an inclusive nature as Mr. Kahn is implying that he wishes that -- that he so desires. Cavener: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: On your screen right there are you seeing the -- what they just put up? Is that the -- Albert: Yes. Milam: Are you still seeing the Costco or are you seeing -- Albert: No. I see that. Milam: Okay. So, can you -- so, this is a building that you think would be more cohesive to your neighborhood? Albert: This is -- this is -- I haven't -- I haven't seen this building. Thank you. Someone said and I just thought I would ask and I heard, wow, that's a really cool design. Milam: And I just -- but I'm just asking you to look at it and tell me if there is any feature there that like stands out to you that you think, oh, this is what it -- I think would help us -- Albert: You know, I'm going to -- I just have to push back a little bit and say I -- you know, this is the requirement that you all made of them and so I guess -- I guess -- I guess what you're saying is that this is -- this is a design that you approve of. You know, I see some wood elements here. I see -- I think -- I don't know if that's brick or not. You know, I see some design things here that are more attractive than a concrete Meridian City Council Meeting Agenda August 7, 2018 — Page 144 of 572 Meridian City Council July 24, 2018 Page 32 of 112 building. But, again, this is, you know, my first glance, but I'm -- I guess I just need to -- I'm wanting to be on the record to say that I think that we deserve better and I think that you actually are the -- are the ones who asked them to come back with some more interesting designs and if -- if that's the design that you think is the one that is more interesting and fits into that area, then, you know -- this is my only opportunity for input and I disagree. Milam: Thank you very much for answering that question. Coles: Richard Gardner was signed up against, no indication of testimony. Michael Battaglia against, wishing to testify. De Weerd: If you will, please, state your name and address for the record. Battaglia: Michael Battaglia. 4212 West Wolf Rapids Street in Meridian. De Weerd: Thank you. Battaglia: It's the Bainbridge Subdivision. Just to get back to something -- De Weerd: Can you pull the -- the mic closer? Battaglia: Just to get back a little bit to what Jane was trying to at least -- at least my feelings would kind of piggyback hers. I think there is a lot -- a lot -- a lot better colors like browns, tans, mixtures of browns and like the dark color brown, which is really reflective of the entire -- of our entire subdivision of Bainbridge. There is very few grays and so, therefore, to have this big gray thing sitting there -- it's really out of -- out of character. Granted that there is going to be -- or proposed some apartments and a few other type of developments around it, which would shield it, but until those get even planted, we are stuck with what -- with what -- with the Costco building by itself, albeit landscaping is there, but not -- there isn't anything high like the building is. I just want to touch on four different things that were -- at least three different things that we at the back end or the bottom end of the staff report. Let's see. Store hours. From what I read it was 6:00 a.m. to 10:00 p.m. That was the last line of the staff report. De Weerd: I think we are only talking about design tonight. Battaglia: Well, these are all things that I read in the development agreement. De Weerd: But the development agreement is only being opened up for the -- the elevations. Battaglia: That's it. Okay. Thanks. De Weerd: I do need to note for the public record -- I didn't see the elevations. I did have an opportunity to comment. Mr. Bernt did bring it to a meeting that he showed me. Meridian City Council Meeting Agenda August 7, 2018 — Page 145 of 572 Meridian City Council July 24, 2018 Page 33 of 112 So, I don't know if it was supposed to go to -- to me for comment, but just wanted the neighbors to know I -- I didn't have input, so -- Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: I think the -- you know most of the input -- a lot came from me during the -- the public meeting when we pulled up various other Costcos and it's like could we get some glass, could we get some metal, could we make it look more modern -- I asked the clerk to see if he could pull up an image of the most recent Costco that's been built in our area, the Nampa one to see -- have an idea of the building here compared to -- in my opinion this gorgeous thing in front of us. I wish it was in my neighborhood. And so do they. Madam Mayor? De Weerd: Mr. Palmer. Palmer: I guess -- so the -- here we have got, you know some browns and what -- I am assuming there is more people that signed up, but the -- I don't know. To me this feels more warehousy, you know, with the browns -- you know, we have -- we have several warehouses in Meridian, they are all brown. Drove Franklin -- all these industrial buildings are all brown stucco, so -- De Weerd: Is that brick? Okay. Go ahead. Coles: Thank you, Madam Mayor. Suzanne Langdon was -- signed in as neutral and Marsha Dennis signed in as neutral. And that was all the sign-ups. De Weerd: If your name was read and you do want to provide testimony you certainly can change your mind. Is there anyone who would like to provide testimony that hasn't come up? Yes. I guess the first hand in the back, the woman with the long hair. LeFever: Wait for that to scan in there for a second. De Weerd: That's what I get for not wearing my glasses. If you will, please, state your name and address for the record. LeFever: My name is Denise LeFever. I live at 6706 North Salvia Way, Meridian, Idaho. De Weerd: Thank you. LeFever: That's Spurwing. Bernt: Longtime no see. Meridian City Council Meeting Agenda August 7, 2018 — Page 146 of 572 Meridian City Council July 24, 2018 Page 34 of 112 LeFever: I know. Really long time, isn't it. Is that in? Yes. Great. Great. I am opposed to the project. We all know that. For many reasons. But I just think they can do a better job. Those pictures aren't coming in very well, but Walmart was, basically, built in a field and their design requirements were a lot higher. They have a lot of different elements in there. That's all blurred out there, but there is -- there is -- there is the tile on top of one of the roofs. There is tip outs. There is stucco. There is bricks. There is -- there is just all kinds of different elements over there in that Ten Mile Walmart over there. There is nowhere in there -- there is their traditional blue stripe that goes around the building, even -- even if you go back and look at the logo, it's white, you know. Not that I'm in love with the building, but they really did go back at the time when they approved this Walmart and upgraded the look of Walmart. I expect that out of Costco, an upgraded look in a neighborhood -- they have dropped it right in the middle of a neighborhood, upscale neighborhood, and I expect it to look nicer than what's being presented. Some of the things -- since there is some confusions on what's expected, we would like it to blend. We would like all sides of that building to be upgraded. We would like them to lose the red line that goes around that. They don't need the red line. We would like some tip outs. Some pillars. Some posts. Some change in the logos. Some bricks. Some rocks. Some areas with picnic tables and umbrellas, with an area that you can sit out and have pizza and hot dogs, make it more community friendly. Actually, I -- the marketplace that was up there, I thought it was a lot better look than the building that's been designed here. The other buildings that were referenced, since we will get it on the record, Ty, is those are in commercial space and they are perfect in a commercial space. This is in a residential surrounded area. We expect better. We deserve better. Also one other thing is this is kind of a little outside there. I think this is a real illustration on the part that people didn't show up at that neighborhood meeting that our process as a city on a whole -- the neighborhood process is broken and that's something at a later date and time that we need to go back and revisit. Maybe revisit how we notice them. Revisit the posting. Maybe we put a sign up and post to allow people that opportunity to be involved, to change things from actually embracing the community and having community involvement, instead of just a sales pitch. I have been to all the meetings and by looking in the audience and what happened last time over livestream, there is people that do want to make comments, you know, and I think that would make a better place for Meridian to live in is that people have a chance to comment. In addition, when Costco is this billion dollars in revenue and billion dollars in profit. Knowing the contention that's been on this project, they could have gone out, done advertisement, and as we can see over there with the news here, they have a news release. They could have put that out to the news. If they really wanted the neighborhood input they could have asked for the neighborhood input. So, with that said I think they need to revisit their design and give us something better for that neighborhood, so -- De Weerd: Thank you, Denise. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 7, 2018 — Page 147 of 572 Meridian City Council July 24, 2018 Page 35 of 112 Palmer: Thank you so much for coming to as many meetings as you do. It's great to -- to see you out there. I have got a couple questions for you. You had kind of gone through a list of different materials around the exterior of the Walmart. I believe all of which are presented as a -- the plan for the Costco, so if there is any that -- that you mentioned that are missing, like they will write that down. Also you mentioned the red line. So, it looks like the plan is to have the red line only on the front two sides, but not necessarily facing the neighborhood. Is it a concern of yours that it exists at all, the red line, or just that you didn't want it visible from the neighborhoods? And also are the browns kind of an important aspect to you, other than the grays? LeFever: As far as how it goes, as long as it doesn't look like the commercial Costcos, they need to work on blind -- on blending. It can be different colors. This is kind of -- I would say it's more monotone. It's kind of a two different color look. They can mix it up a little more and, yes, I do want to see the red line removed. Walmart doesn't have a red line around it. It's just right down the corner. You know, they have done a better job of trying to make it blend into their community of upscale. I'm not necessarily fond of the oranges they used, I just think they just need to do a better job of finding materials and give you more of a non -monetary, bland commercial look to this building. So, upscale it. You put it over in nice neighborhoods, give us a nice building. And, once again, the marketplace I think has a lot better elements on it. Palmer: Madam Mayor? So, you want the red line gone -- LeFever: Yes. Palmer: -- but you want brighter, more -- more to stand -out colors? LeFever: No. I want more colors. So, just more -- more features in there. Maybe rocks, bricks, some other features in there. Some aspects of this kind of look still like a concrete warehouse. It would be nice if they would go back in on the marketplace and put that really nice patio area, you know, and make it part of the community. Go back in and put picnic tables out there. Go use your red -- go use your red umbrella. You know, that's a good spot for it. Palmer: Thank you. LeFever: Anything else? Palmer: Madam Mayor? De Weerd: Mr. Bernt. Palmer: Denise, have you ever been to Park City, you know, and how they have -- you go up there and -- in the mountains and all of the buildings, you know, look different, more mountainous and sort of conform with -- is that sort of what you're talking -- Meridian City Council Meeting Agenda August 7, 2018 — Page 148 of 572 Meridian City Council July 24, 2018 Page 36 of 112 LeFever: You know what, I got invited to go visit Park City, but I have not been yet. It's my intention to go visit Park City sometime. So, I wish I had seen that one, so -- I do know in different areas when you travel around the facades go back through and change. If you have ever been on a cruise they completely changed the facades when you -- when you go into the Caribbeans or spots in Alaska or different areas like that, you get off and they have all these lovely facades and stuff that make it look really beautiful. You know, if it's going to be here, which I'm still opposed to, but if it's going to be here, let's kick it up a notch. Let's do a better job, so -- Bernt: Point taken. LeFever: Thank you. De Weerd: Thank you. Bernt: Thanks, Denise. De Weerd: Yes, sir. Good evening. If you will, please, state your name and address for the record. Burke: Madam Mayor and Council, I am Rick Burke. I live at 6092 North Santa Rita here in Meridian. De Weerd: Thank you. Burke: Just wanted to testify today if I may and I appreciate the opportunity. The design -- the change of design is really -- it really doesn't do much for the originality of it. There -- it's -- it looks like a cookie cutter drop from the sky, designed like any other. There is no originality to it, which would help the neighborhood immensely if there was something a lot nicer to look at, as opposed to a big warehouse such as it is. Take a look at what they did for -- or they are doing for the Albertson's on Broadway. There is a lot of originality there, a lot of -- a lot of thought was given to it. So, I think if our developers on the Costco would use that kind of concept, originality and different textures and colors and building materials, it would look far better for the neighborhood. And this could all be very well a moot issue, because since this -- the whole project is going under judicial review, that this may be moot and they may have to come back and start all over. So, I think -- I think making any decision tonight on the design review is -- should be tabled. That's all I have to say. Thank you. De Weerd: Thank you, Rick. Burke: Any questions? De Weerd: No. Thank you. Yes. Meridian City Council Meeting Agenda August 7, 2018 — Page 149 of 572 Meridian City Council July 24, 2018 Page 37 of 112 Swanson: Hi. De Weerd: Good evening. Swanson: First I want to thank you for letting us talk. I'm not prepared, but I didn't think we would get to, but I just wonder -- De Weerd: If you will, please, state your name and address. Swanson: Lori Swanson. 2746 North Exeter Avenue in Bainbridge. De Weerd: Thank you. Swanson: Thank you. So, just for the sake of showing there is some agreement here, the notification process might be legally, but I came in at a time when -- when the last meeting was -- and I just only found out about the meeting the day before, because somebody posted a piece of paper by our mailboxes and so I showed up for that. And, then, you know, I don't know how we missed these notifications, but they are not really obvious, they are not really meant, I don't think, to invite everybody. So, I just want to reiterate that, yes, you might like the other ones, but they are not in the neighborhood and that's the big significant difference here. This is a neighborhood and it's an upscale neighborhood or it's supposed to be and so something should be different. It shouldn't be just like the Nampa one, because it's not in the same kind of neighborhood. I'm thinking of an area that I came from, a Costco, they have in between every row of parking lots they have arbors -- they might not be redwood, but they look something like redwood with vines and things over them. The shopping cart areas have something similar. When you go over here to the Home Depot off the state highway and Eagle, they have a gazebo type thing with benches in there as you're getting close to the entrance of the store. Again, the area that I came from also has a Whole Foods and things like that. They have nicer cement rounded tables. I mean just -- I'd hate to see them just put the metal where people eat in the, you know, courtyard area there for the hotdogs and all that. Just metal tin tables. I'm -- I'm referring to the San Luis Obispo location. They have kind of upscale things, because there is an upscale neighborhood nearby. That might be something to take a look at online. So, that's pretty much all I wanted to say. De Weerd: Thank you. Maybe staff can pull up the Costco in that area. Other testimony? Good evening. Stevenson: Good evening. Madam Mayor, Jerry Stevenson. 6040 North Ten Mile Road, Meridian. A few questions I actually have on this question they didn't really cover are the neon lights at night and my request would be to have them turned off or really dimmed in the evening to try to -- so they are not standing out -- everything. Because I look out my window and they are right across the street from me. So, that's always an eye sore. Then also I didn't see anything on the dumpsters or trash. Is that all handled internally behind closed doors or -- I didn't see any facility plan for that. Meridian City Council Meeting Agenda August 7, 2018 — Page 150 of 572 Meridian City Council July 24, 2018 Page 38 of 112 De Weerd: I think that was part of the original application. This is just on the elevations. Stevenson: Okay. Well, I just thought that for a design standpoint that that would be included in on -- on covering that part. De Weerd: Yeah. That's more a part of their site plan. Stevenson: Okay. I didn't -- and I don't know if it was a hearsay or not, but I thought somebody said that there was an ask for a variance on the height. Is that -- there is no change -- I mean it's just standard heights on this. There is no unusual thing there. De Weerd: I -- I don't recall any request for a variance for height. Stevenson: I just wanted to verify that. And, then, on my input would be for the design on that, I think what everybody is kind of looking at is -- it's a box, it's a warehouse, and one thing that could help soften that up is if there was like a pitched roof look, what you could do by going out with some awnings out to the side would give it a pitched look, so it's more of a roof and I think that would fit in the -- De Weerd: Kind of see the screen right in front of you, that's -- that's the Costco I believe that -- that Lori was referring to. Stevenson: Okay. Yes. And on that line and, then, even around the outside on the sides, if they was wanting to continue back there, too, because that's -- that's what you're seeing on the road, basically, is the -- you know, the whole building itself and even along the whole side of the building, maybe even on the back for the neighbors on the back side might appreciate that. If that's not just in the very front section only I think it would probably help to have them in there. And, then, I don't know, I personally -- you know, it's a personal thing I have that I don't like bright red. If they were to tone that down or darken that up, you know, going to have that for their -- you know, that might soften the impact of the -- the red color a little bit and, then, the other thing that I'm -- again, if I go to the site plan will there be any input on that, too? I'm concerned about the -- the sign -- signage and things like that. They probably have it -- because I have been through a lot of these different things in the past and it seems like my house always gets affected with street lights being put up that I didn't know anything about and now it shines down in the bedroom window. I can't have the windows open at night, there is things that aren't ever thought of in this building process that -- that has affected me and that's why I'm trying to look ahead on the signage and things like that on that, because there is no berm that's going to be on their side of the street from where I am at to, you know, kind of blend anything in. That one is from the -- that one there is from the other side. So, one of my concerns is on the site plan itself is -- so, the other buildings after that one's finished they put new buildings in there, that's going to be right on the street and I think that's a real eye sore. You come down from the interstate and how close those buildings are right there to the -- to Ten Mile, I think that they should -- Meridian City Council Meeting Agenda August 7, 2018 — Page 151 of 572 Meridian City Council July 24, 2018 Page 39 of 112 they shall have all been set back. It would be -- just give everything a much better appearance personally and it's just going to be, you know, just not an open feel at all when they start building the rest of the buildings, too. Then the other thing is, too -- De Weerd: I'm sorry, your time is up. Stevenson: Okay. All right. De Weerd: But I would invite you on your site specific concerns and questions -- staff can -- can sit down with you and show you the site plan and -- and the signage package and lights and -- and all of that. So, I would -- I would suggest that you sit down with them and -- and see what that is. Stevenson: Okay. But has that been -- is that finalized? Is that completed then? De Weerd: That -- that was part of the approval. Pardon? No? There is going to be a hearing on that? Okay. Allen: Sorry. It would help if I turned it on. We look at the light details more at the design review -- staff level review. So, there -- De Weerd: That is why it's important that he sits with you. Allen: -- the design review? Yeah. Stevenson: So, there would be input available then? Allen: Certainly. Stevenson: Okay. Thank you. Allen: It's not -- it's not a -- let me -- let me clarify. I'm happy to talk to you at any -- at any time to receive your input. They do have to comply with the standards in the architectural standards manual. The minimum, so -- De Weerd: Additional testimony? Council, would you like to hear from Denise again? Okay. LeFever: Denise Lefever. 6706 North Salvia Way. Spurwing. I just want to say that picture of the one in California with the tile roofs and the bays, with the tip outs and stuff, that's a good -- that's a nice start. I like that one, so that's all I'm going to say. De Weerd: Thank you. Schindler: Madam Mayor, my name is Marty Schindler. 6835 North Topaz Jewel Place and I live within an eighth of a mile of the new structures. Meridian City Council Meeting Agenda August 7, 2018 — Page 152 of 572 Meridian City Council July 24, 2018 Page 40 of 112 De Weerd: Thank you. Schindler: I would encourage -- since this is a democracy that we all sit and work around in this world, is that as my elected officials is I would suggest that we contact Costco and trash that design that's up there, because it's nothing but a big box store and I think the marketplace is a great example that Albertson's put into that design work. And, Ty, I was offended by what you -- and appalled by what you said you would -- you would encourage that in your neighborhood. Let's not. And I think that -- you know, I think that your representation is ours, we need your help to get it through to the next step. And why don't we bring those people to us and have them do a Charrette, bring it to the streets and let us put our input in properly and that's all I have got. Thanks. Any questions with that? emy,ky[=M01C.a Milam: Madam Mayor? Marty. De Weerd: Mrs. Milam. Milam: Marty, I do have a question. De Weerd: Marty. Mr. Schindler. Milam: Sorry. I was trying not to let you get too far. Schindler: Sorry. De Weerd: There was a question. Milam: So, you saw the picture of the San Luis Obispo. Did you see that picture? Schindler: I did. Milam: Did you like that one? Schindler: It's not about what I like -- what I would like to see and there is probably not enough time to explain that tonight, so that's why I'm asking for a charette to be convened and with Costco's participation. They have, you know, a hundred architects, they can certainly fly them out here, let him sit down with us for a couple hours and hash this through. I don't think it's your place to decide what our streets look like. You know, the roads are a different matter and that's another conversation, but -- you know. So, I'm -- I'm, frankly, just kind of pissed off. That's the easiest I can put it. Madam Mayor, Council, thank you for your time. Meridian City Council Meeting Agenda August 7, 2018 — Page 153 of 572 Meridian City Council July 24, 2018 Page 41 of 112 De Weerd: Thank you, Marty. Any additional testimony? Okay. Would the applicant like to comment? Kahn: Madam Mayor, Council Members. Well, I guess I will say I'm a little confused by what I hear tonight, because I think we went to some pains to -- based on the other public hearings that we had, to try to design a building that was a low in profile. I'm a little surprised that people are saying that they like San Luis Obispo, because I think one of the things we heard previously was they didn't want a tall building and so we went to some effort to try to minimize the height and try to keep the building subdued, so that it wouldn't attract a lot of attention. And, then, I think one thing that we are kind of missing here is that we are not looking at the site holistically. We have a considerable amount of landscaping to the west and to the south, which will effectively, with the berms and the fencing, eliminate most of the view of the building from the Lost Rapid side. To the north and to the east will be numerous other retailers that will be built either at the same time we are building or shortly thereafter, which will effectively screen our building from Ten Mile and Chinden. You're just going to have little peekaboo views from the roadway of our building and I think we had some exhibits at our last hearing that kind of showed that when we showed the guy -- Gasser -- the Gosser's buildings along the frontage. We worked very closely with the Gossers to make sure that there was adequate screening to the south to soften the views of the building and eliminate most of the views of the building from the south and from the west. Yeah, we have heard a lot about color. We can change color. If you want us to eliminate some of the stripe, you know, we have done that in the past. That's not a big deal for us. But I think, you know, in your deliberation I would ask that you just look at the development in its entirety and how many different elements work together to -- and around our building that affect the architecture and -- and how our building will be perceived from the roadways to the north and to the east and to the south of us and I guess I will leave it at that. Thank you. Unless you have some questions. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor. Appreciate you -- it sounds like addressing some of the concerns that came up. The one that I didn't hear a lot about that -- I think there was a considerable discussion about -- in the last public hearing was about this kind of creating a sense of place for the neighborhood and one of the members of the public testified about additional outdoor seating, picnic benches, to really create a sense of place that is -- that supports the neighborhood and -- and I didn't hear you touch on that and I don't know if that's something that you have contemplated, if that was something that was contemplated. If you would share with us a little bit more about that. Kahn: Councilman Cavener, Madam Mayor, Council -- Council Members, we haven't talked about it and we can. Happy to. We have a large landscape area to the south -- southwest corner of our building that, you know, there could be something -- an amenity put there. There is a large park across the street that already exists there, which I think Meridian City Council Meeting Agenda August 7, 2018 — Page 154 of 572 Meridian City Council July 24, 2018 Page 42 of 112 is -- gives the community, you know, a lovely amenity and goes a long way to addressing that sense of place. You know, I think we need to be a little realistic here. You know, we have are a big box. We have a large parking lot, over 850 cars -- parking spaces. I don't remember the exact number. To me -- you know, we do have places to sit and enjoy a hot dog or a piece of pop -- a piece of pizza internal to the building. One design element that we have at the entry canopy that we looked at earlier is we have kind of a pedestal seating and people can sit at the entryway. Let's say somebody doesn't want to walk through the warehouse, they could sit outside there and wait for whoever is shopping. They could enjoy a hot dog out there. I don't know -- I think it's on the screen now that kind of shows the people sitting. That's something -- something that many people utilize when they come to a Costco. You know, adding some other element, whether it's in the southwest corner that the community could use or somewhere else on the site -- I mean we could all -- we are open to talking about that and figuring something out that might make sense. Cavener: Thank you. De Weerd: I think if you would have listened to what people said tonight is -- okay, they are not thrilled about Costco coming to their neighborhood, but if you're coming to their neighborhood they want you to be a part of it and you should look a part of it. So, better modulation on your building and your heights. Maybe not the straight lines. Some variation in color that breaks it up, like the Walmart example -- the Albertson example showed you a little bit more about that place making that Mr. Cavener talked about and making it something that neighbors would walk to. You're going to set the tone for the other buildings around you as well and to me this is a big warehouse and it is a warehouse -- that some of the examples we saw didn't necessarily look like one and it did blend a little bit more in the surrounding area. I don't see any of the houses looking like this. This is modern, it's industrial looking, and in an industrial or commercial park it would fit in. This is close to neighborhoods. So, to -- to look at it in terms of adding some more and making it look more neighborly -- and I appreciate, even though I said don't make it look like Albertson's, I was replying to him, not you, so -- but the pictures that they have pulled up did show some softening, some more landscaping up against the building. Have plants crawling on your trellis or -- you know, I -- I do like the trellis aspect of it, but I think you can do better to make it look a little bit more integrated in with the surrounding areas. You see that further down the road with Fred Meyer. You see it on -- on Chinden. You saw it down the road on Ten Mile with Walmart. So, they tried to be a little bit more friendly with their surroundings and I think that's what the neighbors came here to say tonight is there needs to be more and you have done those in other markets and this market is as important as those other markets where we want you to be part of our community and that's what I heard tonight. Kahn: Well, I apologize if you feel we missed the mark. We tried -- you know, we thought we made our best effort to come up with a building design that we thought we heard in our previous meetings and, you know, like I said earlier, I think when Councilman Cavener or Councilman Milam asked me, you know, we are willing to work with staff or whoever wants to sit down with us and, you know, figure out if there is a Meridian City Council Meeting Agenda August 7, 2018 — Page 155 of 572 Meridian City Council July 24, 2018 Page 43 of 112 better way or something that you feel is more appropriate. We didn't come in here to say this is it and take it or leave it, but as you know, we are in a lot of different communities. We always try our best to do something appropriate for the community and we felt that this effort was a good effort and I'm sorry you feel that it isn't and, you know, I'm sorry that some of the community members feel the same way, too, but -- De Weerd: But I -- I'm sorry, you're going to get -- well, I would have said seven different opinions, but we are missing two. So, five different opinions on what our personal preferences are. But I think one of the things that was raised today is -- is a more inclusive process and I was a little taken back to hear that people didn't go to the neighborhood meeting because they wanted to put their comments on the public record tonight. That's unfortunate, because you did make the attempt. But I also appreciate your statement that this wasn't your -- your final offer, that you still would like to -- to work on it to make it something that -- that people can be proud of and with the realization that the people that don't want it there are probably not going to get to that point, but if they can feel part of the process at least in what it looks like, that's a great step in the right direction. Kahn: It would be. I agree. Palmer: Madam Mayor? sTaTkyr=2 41 ■►L1111111101111M Palmer: Madam Mayor. Sonya -- C.Jay, hold on. Sonya, can you switch this back to a view of the back of this? Yeah. That last one was good. Now -- so this is the back of the proposed Costco. C.Jay, could we see the back of the Ten Mile Walmart as it exists? So, they don't -- the two don't even compare. You know, we are talking about -- we are praising Walmart so much tonight and how gorgeous it is. Well, the front looks great. The back looks like crap. And this is what's facing the neighborhood. The back of the Costco as proposed is -- like you said, it's -- it's calmed, it articulates different materials. It's toned down, simpler, yet still in the articulation. We talk about Walmart as this great partner for the neighborhood -- has anybody driven passed there lately? When is the last time they watered their grass? All of their grass is dead. The trees are dying. They have not watered their -- their grass this season. Has anybody ever driven passed any of our local Costcos and seen anything but well -kept landscaping? Walmart on Ten Mile is not the example that we need to be looking to for what this project needs to be. Yes, I wish that this was in my neighborhood, because what's proposed here is contemporary. It's beautiful. The glass and the steel exposed -- and we talked about the Albertson's on Broadway -- another gorgeous building. I think it's probably significantly taller than what's proposed here, but, essentially, this is the same thing, just without red brick and the front of it has the exposed steel, the glass, the brick, the -- I mean a beautiful entrance. I'm just blown away that this -- I mean, again, also this sits not at the core of the neighborhood. This doesn't sit in the middle of a subdivision. This sits at the corner of a state highway that's going to be five lanes before this opens and seven lanes and its -- when it's finalized, it's just another arterial road that's going to be Meridian City Council Meeting Agenda August 7, 2018 — Page 156 of 572 Meridian City Council July 24, 2018 Page 44 of 112 five lanes before this opens. This is a major intersection in this city. What more appropriate thing than a big box store that is going to provide extremely high -paying jobs for what -- for what the jobs are, compared to their competitors, compared to any other similar industry employing people here in the valley and, really, all we are talking about tonight is the facade. They have prepared what -- what we asked for during the meeting. I mean I -- I apologize if there was somebody here that -- that testified against this that's in favor of the Costco, all I heard was people that were against the Costco not satisfied with -- with what's proposed and as the Mayor pointed out, I -- I think it would be unlikely that we would have people who are against the Costco that would be satisfied with what's -- what design is brought to us. It makes perfect sense to me to approve this tonight as it is. Bernt: Madam Mayor? blaylkyl i4MAN 5 iH Bernt: Peter, thank you. I -- you know, honestly, you guys did exactly what you were told to do. I think that this Costco looks different than a -- a little bit more or less Costcoey, you know, like warehousy -- I don't know what the words are. I apologize. I'm not an architect. Than those Costcos that we have in Nampa or Boise. So, I think -- I think that you did your due diligence. One of the cool parts of having these type of discussions is getting the public involved and whether it's tonight or whether it was a couple weeks ago or whenever originally it was scheduled, I think we have heard tonight from the residents that they would prefer something a little bit different and it's really cool, in my opinion, that you're willing to listen and that you're willing to change things up. I haven't been doing this for a long time, but I can't think of a time when an -- when an applicant has bent over backwards, you know, to try -- at least with us. I don't know what happened with the residents, but with -- with us to get our point of view to see maybe a direction that you need to be going and you guys did that and I applaud you for it. I don't -- I don't -- I want the residents to understand that, you know, they did listen and they did mostly what was said that evening and we did see different renderings and different examples in a book that was provided to us and maybe we can -- if you can provide -- I don't know if you have that tonight that we can put it on the record. If you don't we probably need to so that they -- so the residents can take a look at it. But I think -- I think that what we are hearing tonight is that it just -- we just need to soften it up and I -- and I don't know -- I'm not an architect and the gentleman over there that's sitting down is and I have seen him take notes upon notes upon notes of different things that he has heard the residents talk about and -- and I -- and let's just see if we can soften it up a little bit. I know that one of the examples in that booklet that was -- that was given to us had more of a market look with the entrance and I -- and I plastered on it. I really like this. I think it is awesome and I think that -- I think that the residents, if they were to see that, I think that they would like it more, because it has that type of a look. I spoke to Bill about -- about rules and whatever about that book. We just -- if we are going to discuss it we just need to put it on the record so the -- so the residents can see what we are talking about. But I -- to make a long story short, let's just soften it up a little bit. Meridian City Council Meeting Agenda August 7, 2018 — Page 157 of 572 Meridian City Council July 24, 2018 Page 45 of 112 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Now I forgot what I was going to say. So, I definitely like this better than Nampa or Boise -- Bernt: Me, too. Milam: So, it is -- it is a step in the right direction. I don't love it. I don't really feel like it resembles a lot of the things that I marked in the book, like -- the marketplace front. I think that was one that I also really liked. I do think the front of Walmart looks better and -- I guess I'm a little bit frustrated, because after seeing the pictures of the San Luis Obispo Costco, which I like, maybe -- maybe even in gray. But we were really -- we were given like pieces of three different buildings across the country to pick from and what really would have been helpful I think for us and -- and the residents, have a meeting with them -- and I'm sure you have photographs of all of your stores -- is a photo album. Go to this photo album, tell me what you -- what you like and you're never going to get a hundred percent consensus on one thing, but at least get an idea and, then, there will be I think somewhat of -- of likeness in -- in a certain type of project. We don't need a hundred pictures of just a square warehouse, but anything that is slightly different -- I think just having a photo album would have been much more helpful and having a meeting where people will show up and to hear that this house is packed and nobody came to help you on this -- because they didn't know about it. And so, yes, minimum noticing required -- requirements, maybe, but this is a huge -- as many meetings as you have had, as many people that have come out to contest it -- like I would think you would go to the extreme and make sure everybody knows, so you can get that input, so that they wouldn't even be here. I wish you would have walked in tonight and this -- I have done this process and people are like, okay, this looks good and it would -- could have been a really easy yes. But because that didn't happen it's -- we are still ending up with a -- a box that's just a little bit prettier box. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I mean I haven't been on Council for super long, two and a half years, and in that two and a half years I have received maybe one, possibly two, e-mails or anything ever in favor of a project. We have always -- you know, we receive -- we receive hundreds of things against things. But with this project we received well over a thousand e-mails in favor of it saying, yes, do this and we wanted to make sure that it was right for the neighbors and so we did something that we haven't done otherwise in my term and said, okay, we are approving this, but come back, we are going to have the Council decide on exactly what it's going to look like. So, that's why we are here today. But we have approved the project and we all agree it seems that this is certainly prettier Meridian City Council Meeting Agenda August 7, 2018 — Page 158 of 572 Meridian City Council July 24, 2018 Page 46 of 112 than the other two existing in the valley. I mean we could go -- we could have this meeting with a thousand tweaks, you know, for a next thousand weeks and we are going to have just as many people upset, because they don't want the Costco and many people upset because we never got it done and got it approved and is it really our job to -- I think we -- to be of service to the citizens we took a step further than really was our job in saying we are going to have Council approve a rendering. They presented us a beautiful rendering. Do we need to spend the next several weeks or months or years tweaking it? Cavener: Questions for the applicant? Sorry. Sorry, Madam Mayor. De Weerd: Mr. Cavener. Cavener: So, I just was curious. There is a lot of discussion and the applicant is here, I just didn't know if -- if anyone had additional questions for the applicant while he's -- he's standing here. De Weerd: I thought maybe you did. Cavener: No. De Weerd: Are there any further questions for the applicant? Do you have any further comments? Kahn: I did, but it slipped my mind. So, I guess I will say no. De Weerd: Your architect, any -- any comments? Kahn: Steve? Bullock: Thank you, Madam Mayor. Just a couple -- De Weerd: If you will just restate your name for the record. Bullock: Steve Bullock. MG2. De Weerd: Thank you. Bullock: I heard a lot of comments today where people are trying to characterize this building is being just a cart -- excuse me -- a concrete block and the one thing I wanted to make sure to emphasize to you is that the only place where -- we are using concrete is as -- as an accent decorative item even. There is not a single bit of bare concrete stem wall coming up. Yeah, a lot of warehouses are actually tilt -up concrete buildings, which is bare concrete or -- or a plain metal siding warehouse and -- and that is not what we are doing at all. What we are doing is -- is -- the only places we are using concrete are -- like on this image is those decorative concrete pilasters that are actually Meridian City Council Meeting Agenda August 7, 2018 — Page 159 of 572 Meridian City Council July 24, 2018 Page 47 of 112 going to have score marks on them and -- and things to make them look really attractive and -- and, otherwise, we are doing a stucco building with split face CMU, with architectural metal panels that actually kind of look like a version of a wooden siding and it's in -- in my opinion very far from a standard warehouse type building. You know, we always kind of struggle when we are -- when we are building models like this and we try to render them as accurately as we can, but they never are like a photograph and -- and that's partly why when we were soliciting comments we showed a lot of photos, because photos do have a real -- realism to them and, you know, I believe that this is a very attractive building. I'm -- I'm super excited about it. There is things that we can do to it, yes. We -- we can look at making some changes to the color scheme if that's something that's really a major concern there. There is -- there is some other things that we can do here. But I believe that a lot of things that people talked about that they liked are incorporated into this building. There are seating -- a number of seating opportunities at the front entry canopy along the whole length of it, in -- inside the -- inside the canopy or outside the canopy with those -- with those benches, those integral benches. There is lots of different materials that mimic wood or, you know, that -- the structural steel is -- is -- is like a wood trellis, just at a bigger scale and -- and we believe that it has a lot of the features that people said they were looking for, they just aren't recognizing what's there. That's my feeling. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple questions for you. Bullock: Yes. Cavener: Steve; right? Cavener: Steve, you mentioned soliciting comments and feedback and, obviously, I know the opinion of the Council was asked. Can you share with us the other tactics you used to solicit feedback or is it just from the Council that feedback was solicited? Bullock: It was from the Council and -- and staff. And, then, we -- we just -- and the neighborhood notice hoping to -- to meet with people and -- and had a number of boards out to talk to people and no one showed. Cavener: Madam Mayor, an additional question. Steve, Peter mentioned in his testimony that he -- as the applicant you guys are open to some further discussion and make some improvements, tweaks and -- and based on maybe some of the feedback from the public and the Council if that comes tonight. Should that be the direction that Council would want to go, how much time do you think that you guys would need? Is it something that you need two weeks, four weeks, ten weeks? Give me a ballpark. Meridian City Council Meeting Agenda August 7, 2018 — Page 160 of 572 Meridian City Council July 24, 2018 Page 48 of 112 Bullock: Are you suggesting that we meet with the neighbors -- neighborhood? Cavener: Madam Mayor, if I may. I think that's entirely up to you. If it was me I would. In light of the feedback that I heard, I would -- I would be proactive on that. I'm not saying that you -- again, this is a lot of hypothetical, but I'm just more asking about the time that you would need to reflect some of the changes, if you so choose on the feedback that you heard and may hear from Council tonight. Bullock: Yeah. That's got to be something that Peter and I just have to sit down and talk over. I don't know that I can give you a time frame right now. Cavener: Fair enough. Thank you. De Weerd: Well, if you heard enough from the neighbors to know what some of those -- you keep mentioning that this is to mimic wood and -- why didn't you make it look like wood then? Bullock: I believe some of it does look like wood. De Weerd: Gray wood? Bullock: I mean painted wood. I mean you want -- you want it to look like raw wood? De Weerd: That's warmer and those are some of the comments that I heard -- you know. And I know you sought feedback from the Council and -- and staff, but, you know, if you want to make it warmer using some of the earth tones and -- and I never equated that to wood, but, you know, I -- I think wood would soften the look of it. Bullock: And that's what I was saying, I guess. We can look at some color schemes that would change things and -- and -- and give it a slightly different feel and we can use a warmer color tone -- color palette. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I think maybe what the residents are saying that maybe -- maybe this is just a hair too contemporary, maybe. That -- maybe that's another thing that they -- that they -- I noticed that they said once or twice. Bullock: Thank you. De Weerd: Thank you, Steve. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 — Page 161 of 572 Meridian City Council July 24, 2018 Page 49 of 112 De Weerd: Mr. Palmer. Palmer: At the end of the day, while we want to make sure everybody's, you know, happy go lucky friends with each other. This is not a piece of property that the neighbors own. This is the property that's going to be developed as a Costco, as a -- the project has already been approved. Again, it's at the intersection of a seven lane state highway and a five lane arterial road. It just blows my mind that -- that this isn't an appropriate structure for right there. I feel like it goes way above and beyond what was necessary. Madam Mayor? De Weerd: Mr. Palmer. Palmer: I don't know. Maybe everybody else wants to continue the public hearing, so I will hold off making a motion until -- because I'm ready to close it and vote on it, but -- De Weerd: Okay. Any other comments from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener, Cavener: Some thoughts. Appreciate the applicant's due diligence in soliciting the Council's feedback. I was one that said I -- I don't want to be in the business of designing a Costco. On my background in the grocery business put me in probably almost as many Costco's as the applicant and Albertson's and Whole Foods and it's not my purview. We have all said I think tonight we are not architects. Nevertheless, we said we wanted to provide some feedback. We provided feedback to the applicant and based on the feedback this is what they have brought back to us. So, we are getting what we asked for. My challenge was -- I think the one comment that I put on the book that they provided us was take into account the feedback from the public and here is where my challenge lies is I didn't hear a whole lot from the public that was that dramatic about the building. I heard color schemes. Okay. I heard lose the red stripe. Applicant says they are willing to do that. I appreciate the feedback about additional outdoor seating. I can't remember who said that, but I -- this is great. We need to make a sense of place. While this is adjacent to a state highway, it's also in very close proximity to a neighborhood. We need to take both of those into consideration. The hard part is there wasn't a lot that I heard that was, boy, we need to make some real dramatic changes. And I weigh that with -- you know, we talked a lot about how great the Walmart looked to what -- I don't think it looks that great. For me, the Fred Meyer is -- this isn't a Fred Meyer, though. This isn't a Walmart. This isn't an Albertson's. This is a Costco. They have a business concept and a design. Selfishly I wish what we got was more elevated than what we received, but I also didn't say give me that. I said listen to the public. The public doesn't feel like they were necessarily listened to. You also have to weigh that with they didn't participate and what I heard tonight was that the HOA was notified that there was another meeting and people didn't -- you go to this Meridian City Council Meeting Agenda August 7, 2018 — Page 162 of 572 Meridian City Council July 24, 2018 Page 50 of 112 meeting, we will go to that meeting. I'm shocked that with the amount of people that are in this room tonight and the amount of people that have been at all these public hearings before, that nobody showed up. I can appreciate as the applicant how challenging that has to be for you as well, because you have been in these meetings, you have heard from these people. Here is -- there is a lot of I guess me soapboxing to say, well, I think I would be okay with making a decision tonight. What I would like to do is take the applicant up on -- on their offer to say let's take another crack at this. Take some time, let's take into account the feedback that we heard from the public tonight. Council, if we are going to be in the Costco design business that we need to be real clear about the feedback that we are giving them as well, so that they can bring us back truly what we are asking for. I have seen Costcos that look a whole heck of a lot worse than this, but I have seen some Costcos that look at whole heck of a lot better than this. I think that we as a body, though, for the benefit the applicant and for the citizens, we are proud of our community. Like all the other communities that you serve, they are proud of their community and we want retail establishments that reflects that. Just like we want residential that reflects that. So, while I'm -- I'm open to the discussion about moving forward tonight, I think I would be much more supportive of us giving the applicant another opportunity to connect with the citizens to take our feedback and bring us back a little bit of a better mousetrap. Palmer: Madam Mayor? sTaTkyr=2 4 ■NIMUNI2 Palmer: Madam Mayor. Sonya, you had mentioned that the -- the language of the change would include the words in substantial compliance -- or with the concept. Does that give room for the architect to make, you know, minor adjustments based on what they may have heard, whether they decide -- they wouldn't have to, but if it were approved as it is, if they decided to pull the stripe or -- how far could they adjust things if this is approved as it is? Allen: Madam Mayor, Council, substantial compliance is meant to be just that. I mean it should incorporate some of the same design elements, probably some of the same coloring, materials. However, it still does need to go through the design review process, so there could be some -- some changes associated with that that we don't have, you know, yet. But I would caution you to approve something that you're -- you're not in favor of. Palmer: Madam Mayor? Allen: But if it is conceptual -- De Weerd: Mr. Palmer. Palmer: I think I was clear I am in favor of it as it is, but -- so, then, let's try this. I move we close the public hearing on H-2018-0066. Meridian City Council Meeting Agenda August 7, 2018 — Page 163 of 572 Meridian City Council July 24, 2018 Page 51 of 112 Milam: Second. De Weerd: I have a motion and a second to close the public hearing. Discussion? That would mean you couldn't entertain or accept new information. Palmer: Unless we reopened it. Cavener: Unless we reopened. Yeah. Palmer: So, Madam Mayor? For discussion then. So, my intent is close it, have a vote. If Council doesn't feel that this is appropriate, then, we can reopen and continue it or we can end the saga and approve it, so that -- yeah. De Weerd: Okay. The motion is to close the public hearing. All those in favor say aye. Any opposed say nay. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0066. De Weerd: I have a motion to approve the application. Do I have a second? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: My unwillingness to provide a second isn't necessarily in opposition of the project, but -- or that I -- the more that I look at this, the more that I look at the notes, the more that I take in the public testimony, more supportive I am of -- of giving the applicant a second crack at this. So, I know the applicant doesn't necessarily have an idea as far as timing. I don't want to prolong this project, but I also don't want to have this process feel rushed. So, I'm going to move that we continue item -- we will get there. Thank you, Council Woman Milam. I move that we continue Item 9-H, H-2018- 0066 to August 28th to allow the applicant to take the feedback from the Council and the public tonight and bring us back some revisions. Bernt: Second. De Weerd: Okay. I have a motion and a second to continue this, but in order to accept new information you have to have an open public hearing. You can -- so, you can Meridian City Council Meeting Agenda August 7, 2018 — Page 164 of 572 Meridian City Council July 24, 2018 Page 52 of 112 continue this, but it would be prudent to open the public hearing specific to the new design and, then, continue it. Kind of doing it a little backwards, but -- Cavener: Madam Mayor, I guess on that note, then, I will -- I will retract the motion, if the second is an agreement -- Bernt: I'm in agreement. Cavener: -- and, then, I would move that we reopen the public hearing on Item 9-H. Bernt: Second. Cavener: Okay. De Weerd: Okay. I have a motion and a second to reopen the public hearing. All those in favor say aye. Any opposed say nay. Palmer: Nay. Cavener: Madam Mayor? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would just -- now that the public hearing is open, to ask the applicant if that date is -- if that date works well or if it -- they don't need that much time, because -- I don't want to put this off longer than we need to or if that's not enough time. I don't know if they heard me. De Weerd: Well, if -- the question to the applicant is does August 28th give you enough time or too much time? Kahn: Peter Kahn. 999 Lake Drive, Issaquah, Washington. We were just talking about that and that's why I didn't hear the question. We think that schedule is fairly tight, especially if we have to get a finished product that we hope is acceptable to all the parties -- to staff so they can write a staff report. They need what we figure at least a week, maybe, more. Bullock: I guess that's the crux of the question is when would we have to turn stuff in to meet that hearing? De Weerd: Sonya? Meridian City Council Meeting Agenda August 7, 2018 — Page 165 of 572 Meridian City Council July 24, 2018 Page 53 of 112 Allen: We would like the revised drawings at least ten days prior to the hearing. So, I think that the -- the option was August 21st would be the soonest we could get it back before Council for a public hearing where Council is suggesting the 28th. De Weerd: So, if you could -- if -- if Council continues it to the 28th you do need to get it to staff by the 17th. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Another question for you. So, were you planning on meeting with the neighborhood? Kahn: We would like to try, yes. Milam: Madam Mayor? I would like by a show of hands -- if they go through the trouble and take the time to do this, how many of you are going to show up to that meeting this time? And get the rest of your neighbors, too. Because if -- I really don't want them to go through this trouble again and have nobody show up. That's -- that's disrespectful. Thank you. I hope you didn't -- I'm sorry. Kahn: So, knowing that, you know, it will take us a while to get our act together, so we can take it on the road and let the community know when and where the meeting is going to be. Then we have to digest that and come up with a reasonable response. It would be great if the community and -- had an opportunity to react to that before we came to you. So, I think -- I'm saying -- I guess where I'm coming on August 28th sounds a little aggressive to me. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: We got the -- Cavener: The 4th or the 18th. De Weerd: I guess we look to you for a suggestion on -- Cavener: How many weeks? De Weerd: -- a date that would allow you that. And certainly the clerk can help maybe put on NextDoor when your neighborhood meeting is. I'm sure all of these folks as well will -- will help get the word out as well. Meridian City Council Meeting Agenda August 7, 2018 — Page 166 of 572 Meridian City Council July 24, 2018 Page 54 of 112 Kahn: Yeah. I wouldn't -- I would ask that, you know, staff help us set this up so it's successful, this community meeting, so we make sure that we are getting the word out to the right community. So, what are you saying, the 11th? Milam: September the 11th. Kahn: Yeah. My problem is I leave for Europe on the 12th. De Weerd: Well, that's not a problem. Kahn: That's my problem. So, could we shoot for the 11 th? De Weerd: Yes. And so that -- that means if we can get what you're proposing on August 31 st to staff. Cavener: Madam Mayor? Kahn: Sounds fine. De Weerd: Okay. Yes, Mr. Cavener. Cavener: I guess maybe, then, for -- for discussion where the 11th is our -- our workshop meeting, I wouldn't want to inhibit the public's ability to come in the middle of the afternoon when many of them have to work. De Weerd: Do it at 6:00 o'clock for a special meeting. Cavener: A special meeting. De Weerd: Uh-huh. Cavener: Madam Mayor, that's where my request was going to come, so you were -- De Weerd: Yeah. Cavener: -- two steps ahead of me. Great. De Weerd: Yeah. So, that's generally our workshop, but we can call a special meeting specific to this. Kahn: Okay. De Weerd: Okay? Kahn: All right. Perfect. All right. Thank you. Meridian City Council Meeting Agenda August 7, 2018 — Page 167 of 572 Meridian City Council July 24, 2018 Page 55 of 112 De Weerd: Okay. And, Mr. Clerk, you can help with getting it on NextDoor. Coles: Absolutely, Madam Mayor. If I can get the information from the applicants when that neighborhood meeting will take place, if you can get it to either planning or the city clerk's office, we will help distribute that information as well. De Weerd: And -- and I'm sure we can put that also on our social media. I think this is a unique opportunity to -- to plan for the community Costco and so I'm sure, you know, you will have some enthusiastic participants as well. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: With that, then, I would move that we continue his item to a special meeting on September 11th, 2018, at a time of 6:00 o'clock p.m. Milam: Second. De Weerd: Okay. I have a motion and a second to continue this to September 11th, noticed under a special meeting at -- starting at 6:00 p.m. Coles: And, Madam Mayor, before the vote is taken, do -- would the Council like a renotice to go out to the neighbors for that specific meeting date, via a postcard, newspaper, NextDoor, similar to what happened on a previous application tonight? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I would say yes and I would do a thousand feet. Coles: Should that come at the expense of the city or the -- or the applicant? Cavener: Us. We pay that. Milam: Yeah. De Weerd: Okay. That motion is to continue this to September 11th. All those in favor say aye. Any opposed? Okay. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Madam Mayor, just one thing. I hope that the residents in both Bainbridge and Spurwing Greens will come out to this meeting. Please, please, please come out, because we can't continue to kick this can down the road. It's not fair for Costco. The -- Meridian City Council Meeting Agenda August 7, 2018 — Page 168 of 572 Meridian City Council July 24, 2018 Page 56 of 112 the building is going to get -- you know, it's already been approved and so we just were asking your feedback to make it a project that you're -- that you're able to call home and call it -- you know, a great place where you guys can rec -- you know, go and shop and -- and it's part of your community over in north Meridian. So, please, please, please show up. Please do your part to tell your neighbors and on our end we promise that we will do the very best job we can, along with Costco, to make sure that the people are -- you know, the residents over there are notified correctly. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just my thanks to Peter and your team for your -- your flexibility. I can appreciate the challenges of having a meeting and nobody showing up and, then, coming before the City Council and being asked to have another neighborhood meeting. I don't think that we have ever asked anybody to do that -- Bernt: Never. Cavener: -- and you're willingness to say let's -- let's take a look at this is -- is well noted and appreciated for myself personally. So, thank you. De Weerd: Okay. Thank you for joining us. I will take a five minute break and we will reconvene -- well, a ten minute at -- at 8:50. (Recess: 8:41 p.m. to 8:53 p.m.) Land I. Public Hearing for Sodalicious (H-2018-0046) by 10th & Fairview, Located at 1035 E. Fairview Ave. 1. Request: An Annexation and Zoning of 0.36 of an Acre of from the RUT to the C -G Zoning District De Weerd: Well, thank you for allowing us a moment to break and we will re -- yeah, we will get back to this meeting. Okay. Item 9-1 is a public hearing H-2018-0046. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for annexation and zoning. The site consists of .36 of an acre of land. It's zoned in the county. It's located at 1035 East Fairview Avenue. A drive-thru restaurant, Sodalicious, was recently approved in Ada county to operate on this site. The property is currently receiving city water and sewer services. The Comprehensive Plan future land use map designation is commercial. The applicant proposes to annex .36 of an acre of land into the city with a C -G zoning district, consistent with the commercial future land use map designation for the property. Access is provided to this Meridian City Council Meeting Agenda August 7, 2018 — Page 169 of 572 Meridian City Council July 24, 2018 Page 57 of 112 site via East Fairview Avenue. A cross -access easement exists to this site from the property to the east. Staff is recommending a reciprocal cross -access easement is granted in accord with UDC standards as a provision of the development agreement to the property to the east. Although it's not feasible at this time to utilized a cross -access due to the location of a billboard sign at the east boundary of the site, the easement will be in place, so that in the future when the billboard is eventually removed the access can be utilized. Because parking for the site is located at the northwest corner of the site along the west boundary, staff does not recommend a cross -access easement is provided to the west. Because the billboard that exists along the east boundary of the site was a permitted use under Ada county ordinances, but is a prohibited use in the city, it's considered a nonconforming sign per the UDC. As such the sign is allowed to remain subject to the provisions for nonconforming sign set forth in the UDC. The street buffer along East Fairview Avenue is also nonconforming to UDC standards of ten feet in width. The UDC requires a minimum 25 foot wide street buffer along arterial streets. Because the buffer was previously approved in Ada county, a wider buffer is not required to be provided with this application. The Commission recommended approval of this application to the City Council. Hethe Clark, Spink Butler, the applicant's representative, testified in favor. He also submitted written testimony in response to the staff report. There was no one that provided testimony in opposition or commented on the application and there were no items of discussion by the Commission. There are not outstanding issues for Council tonight and there has been no written testimony received since the Commission hearing. Staff will stand for any questions. De Weerd: Any questions for staff at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sonya, we don't have any information, though, about the expert -- expiration of the billboard lease and when it would come down or if it would come down? Allen: Madam Mayor, Members of the Council, Councilman Cavener, there is no sunset clause on the billboard sign. Council approved that with the annexation agreement. De Weerd: Okay. Any further questions? Is the applicant here? If you will, please, state your name and address for the record. Clark: Absolutely. Hethe Clark. 251 East Front Street. Representing the applicant. I'm from the law firm of Spink Butler. As the Council knows, it's -- well, the Council knows it's been a long night already, so I will be brief on this one. But this is the end -- or the culmination of a process that started last fall. Since that time it's been our pleasure to work with staff and to accomplish the plan that we came up with together. That plan has included getting this Sodalicious application up and running in the county, which it is, and we appreciate the Council's work with us to get them up and going as quickly as possible. In connection with this application, we are in agreement with the terms and Meridian City Council Meeting Agenda August 7, 2018 — Page 170 of 572 Meridian City Council July 24, 2018 Page 58 of 112 conditions of the staff report and I would just note for Council's benefit that we have prepared the cross -access easement and Meridian city legal has reviewed it and approved the terms. So, we are I believe ready to move this on and finish this process out. De Weerd: Thank you. Council, any questions? Thank you. Clark: Thank you. Coles: There were no sign-ups. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Nobody wants to testify, I would move that we close the public hearing for Item 9-H, H-2018-0046. Palmer: Second. De Weerd: I move a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item 9-1 Milam: Second. De Weerd: I have a motion and a second to approve Item 9-1. If there is no discussion, Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. J. Public Hearing for Graycliff Estates (H-2018-0054) by Star Meridian City Council Meeting Agenda August 7, 2018 — Page 171 of 572 Meridian City Council July 24, 2018 Page 59 of 112 Development, Inc. Located West of S. Meridian Rd/S.H. 69, on the South Side of W. Harris St. 1. Request: A Development Agreement Modification to Reflect an Increase of Building Lots and Change in Open Space Consistent with the Proposed Preliminary Plat; and 2. Request: Preliminary Plat Consisting of 136 Building Lots and 9 Common Lots on 52.46 Acres of Land in the R -8 and R-40 Zoning Districts De Weerd: Okay. Item 9-J is a public hearing for H-2018-0054. I will open the public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a modification to the development agreement for Graycliff Estates and the preliminary -- and a preliminary plat. This site consists of 52.46 acres of land. It's zoned R-8 and R-40 and is located west of South Meridian Road, State Highway 69, on the south side of West Harris Street. In 2015 this property was annexed and a preliminary plat was approved, which is still valid. The Comprehensive Plan future land use map designation for 30 acres of the site is medium density residential and 22.5 acres of the site is high density residential. The applicant is requesting a modification to the existing development agreement to increase the number of building lots from 120 to 136 and the qualified open space from 7.95 to 8.85 acres consistent with the new proposed preliminary plat. The development agreement does not require Commission - - excuse me. That was from my last hearing application. The proposed plat consists of 134 single family residential building lots, two multi -family residential building lots, nine common lots and two other lots for the city well lot and the common driveway on 52.46 acres of land in R-8 and R-40 zoning districts. Proposed lots range in size from 6,800 to 11,634 square feet, with an average size of 7,873 square feet. The property is proposed to develop in five phases. The multi -family portion of the site will come in later with a conditional use permit. A 75 foot wide easement for the Williams gas pipeline bisects this site. All development within the easement must adhere to the most current standards in the Williams gas pipeline developers handbook. The Sundial Lateral bisects the western portion of this site and is proposed to be relocated and piped along the west boundary of the site. The Tumbler Lateral runs along the northeast boundary and is also proposed to be piped. A 20 foot wide landscape street buffer is required along Harris Street and South Redwater Avenue. Both collector streets. A total of 8.85 acres or 16.87 percent of qualified open space is proposed within the development, consisting of parkways along local and collector streets, street buffers along collector streets. The open space corridor where the Williams pipeline is located. Micropath lots, internal common areas, and 1.77 acres of land designated for a city park and that is up at the northwest corner of the site. The applicant proposes a ten foot wide multi -use pathway through the common area where the Williams pipeline is located. Children's play equipment and yard shuffleboard as amenities in accord with this requirement. Access is proposed via the extension of West Harris Street, a collector street, at the Meridian City Council Meeting Agenda August 7, 2018 — Page 172 of 572 Meridian City Council July 24, 2018 Page 60 of 112 north boundary of the site that provides access via South Meridian Road and State Highway 69. Stub streets are proposed for future extension to the west, east, and south. A north -south collector street is proposed off site along the west boundary of the site in accord with the master street map, which will eventually extend south to Amity Road. The applicant has submitted sample photos of single family homes proposed to be constructed within this development, along with a conceptual drawing of a typical multi -family structure. Building materials for the single-family units appear to consist of a mix of horizontal and vertical lap siding and stucco with stone veneer accents. The apartment structures appear to be stucco with stone veneer accents. The applicants will require design review approval. Department. Excuse me. So, the Commission recommended approval. Becky McKay, Engineering Solutions, testified in favor. That's the applicant's representative. No one testified in opposition or commented, nor was written testimony submitted. The only issue of discussion by the Commission was that the Commission liked the additional common area proposed with this plat and liked the relocation of the common area and site amenity more central to the development. And that's that large area right in here. It's kind of hard to see on this plat. And, then, the only change to the Commission -- by the Commission to the staff report was the removal of condition number 1.2.1 13 that pertains to shifting the north -south collector street along the west boundary of the site to the east side of the Sundial Lateral. This was inadvertently left in from a previous ACHD report. There are no outstanding issues for Council tonight and there has been no written testimony since the Commission hearing. Staff will stand for any questions. De Weerd: Council, any questions for staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sonya, on the amenities, this is just for the single family portion of this? It just seems very minimal amenities. De Weerd: The question for -- I guess if you remove these multi -family amenities does it meet the minimum? Allen: Madam Mayor, Council, yes, it does. Yeah. The multi -family isn't included in this area. They will -- they will provide their site amenities with their conditional use. Milam: That was -- I just wanted to make sure. Yes. Thanks. De Weerd: Okay. And can you point out -- so, what is the 1.77 acres of land designated for a city park? Allen: That is the area, Madam Mayor, right at the northwest corner here, if you can see my -- my pointer here and it does adjoin another larger area. I believe it's a seven acre total city park. Meridian City Council Meeting Agenda August 7, 2018 — Page 173 of 572 Meridian City Council July 24, 2018 Page 61 of 112 De Weerd: And is the Parks Department interested in it? Allen: Yeah. That was -- that was covered a couple of years go when this initially came in. De Weerd: Yeah. I'm not remembering way back then. So, the other five acres was part of a different subdivision then I assume? Allen: Yeah. I'm sure the applicant can give you more information on that. De Weerd: Okay. And, then, the other open space, is that in phase one or half in phase one and half in phase two? Allen: Madam Mayor, there is -- De Weerd: I can't really tell where the open -- Allen: It's hard to see on this plan. The applicant may have a better plan in her presentation. De Weerd: Okay. I will wait then. Council, anything else at this time? Okay. Good evening, Becky. If you will state your name and address for the record. McKay: Thank you, Madam Mayor, Members of Council. Becky McKay with Engineering Solutions. Business address 1029 North Rosario, Meridian. I'm here representing Star Development on this particular application that's before you. As Sonya indicated, we have a development agreement modification and a revised preliminary plat on these 52.46 acres. My client Lee Centers, he basically has three projects out here. Biltmore Estates located just to the north of -- this is Harris. This is State Highway 69. The average lot size in Biltmore Estates is around -- over 9,000 square feet. And, then, we have Brundage Estates, which is located to the west and goes over to Linder Road and the lot sizes in the Brundage Estates averaged about 10,000 square feet. And, then, we had Graycliff, which is what's before you this evening, and in our original application we had an average lot size of around 9,000 square feet. Mr. Centers came to me and said that, you know, reevaluating the current development and considering the needs that are out there, he wanted to have a wider variety of lot sizes and he said, you know, we have -- we -- we have a lot of larger lot sizes and our home prices are getting up in the four hundred and five hundred thousand dollar range and so we want to have a better mixed use community and so he asked me to take a look at the plat that we did and said, you know, what -- what can we do and I said, well, you know, basically, I would not change the street layout at all. What we changed is we had 65 by 130 and 125 deep lots and I said I would change those to 60 by like 115 and by doing so we added basically 15 lots within the single family area. There is a city well right here located on Harris Street that is Well 32 that has come online that will be deeded to the city. You guys have a 99 year lease. Also this project Meridian City Council Meeting Agenda August 7, 2018 — Page 174 of 572 Meridian City Council July 24, 2018 Page 62 of 112 has a multi -use path lot -- pathway that runs along the Williams pipeline. That's a ten foot. And, then, a portion of this Graycliff will be part of a neighborhood park and, then, the remaining portion is in Brundage Estates. I think that was approximately a little over eight acres. We did go before the parks commission. We did submit a concept plan, ask them for input, if they would like to have a neighborhood park in this section. It's shown on your Comprehensive Plan land use map. And the parks commission said, yes, we would. We think that would be a great location. It's centered directly in the -- the section. We have Kentucky Way coming up from Victory. Harris coming from Highway 69. And, then, Harris Street will extend westward to Linder and they said, you know, it will be accessible, visible, and usable by everyone within this section. We also have open space located right here at the entrance of the development. We will have a yard shuffleboard right there and we propose benches along the -- the multi -use pathway. The only criticism that we received on the project was from Victoria Laidlaw, who lives to the south, and she said one thing I would like you to incorporate in your project is a pocket park in the southern area with play equipment for the kids, because she said even though there will be play equipment in the neighborhood park, that's a long ways for little kids to -- to go. So, when I redesigned this we just had a plain micropath connecting the two blocks. I included a 20,100 square foot pocket park that is accessible via micro path to the south, to the east, and open to the west. So, that's where that amenity is located. So, that we -- our initial application -- our initial application had 15.21 percent open space or 7.95 acres and now we have bumped that to 8.85 acres and we are at 16.7 percent open space. So, with the increase of the 15 additional lots, we did give up some additional open space and added play equipment as recommended by the neighbor. As you can see, this is the landscape plan. Here is the city well. This is the area here and our concept and, like I said, that's about -- it's a little over eight acres and, then, it will also be along that multi -pathway network. Here you can see the northern portion of that pocket park to the south and, then, here it is here. So, that's -- that's what that looks like and that's, like I said, 20,100 square feet. We have pathways that will link everybody into that and that will just kind of help supplement the activities for the children in the development. As far as -- you know, our zoning, we are R-8. We were at 3.27 dwelling units per acre. With this revision we are at 3.66. So, it's a -- it's a moderate increase in the development density. The multi- family -- we just showed that as two vacant lots. It will have to come through as a conditional use permit and we are starting to work on that now, since we are going to be building Graycliff. I know the Council has always indicated why does the multi -family come after all the single family dwellings and, then, it's always quite controversial. So, we are taking a proactive approach. Before these homes go in Graycliff to bring that conditional use permit in and so we are working on our building design and -- and amenities that will be just part of the multi -family. So, they will have their own independent amenities and requirements for open space beyond the single family. We think we have got a great project and -- and, like I said, Mr. Centers just wants to try to make sure that he -- he hits, you know, the different markets that are out there and maintains affordable type housing in Meridian, because, you know, four and five hundred thousand is pretty -- pretty tough. I have got some employees that just bought a house and they were struggling to -- for a 300,000 dollar house and they said there were six for sale in Ada county. All of Ada county. So, you know, we need, as planners, Meridian City Council Meeting Agenda August 7, 2018 — Page 175 of 572 Meridian City Council July 24, 2018 Page 63 of 112 obviously, to do a better job in diversification and -- and that's why I'm here before you with this application. Our average lot size will be about 7,800 square feet. So, these aren't real tiny lots. The only thing that I -- I did want to mention is we did get notification that the property located northeast of us, that was owned by Hawkins and was intended to be regional commercial, that Stapleton Subdivision is proposing -- their there developers are proposing Stapleton Subdivision and they did sent us a copy of their single-family project and so if that goes in I recommend -- and I sent over to them probably a stub street connection right through here, so we could have some interconnectivity between the two. The only reason I did not show a stub street is because we thought this was going to be commercial and so we had cross -access easements, but I guess I'd like it to go on the record that if -- if this Stapleton is approved, we would like to have a stub street instead of this micropath here, to link the two together. Lastly, we are in agreement with all conditions with the staff report. As Sonya indicated 1.2.1 B was stricken because it was an error. It shows up again in 1.2.2E. So, I would ask that that same condition be stricken, because it's not applicable. Thank you for your time and, hopefully, you are supportive of what we are trying to do out here. We are making -- building a great community I think. Do you have any questions? De Weerd: Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Becky, always thorough as always. I really appreciate that. When I start writing my questions down when I'm going through these and as you go through your testimony I'm just checking boxes. You're answering my questions. The only one that I had that was left is kind of odd. One, applaud trying to do something new and different in the amenity with the -- the yard shuffleboard. I don't know what that is. I mean when I think of shuffleboard I think cruise ship and, you know, pushing things and so part of me wonders, well, who -- who is going to use that then? I mean are families going to purchase shuffleboard equipment and, then, go use that at that area or is it something that's conceived differently than what I'm imagining? McKay: Madam Mayor, Councilman Cavener, that's a good question. I had never seen one before either until I went to Hawaii in February and the resorts had installed them and they were like the most popular recreation that was going on and so they basically pour a long concrete pad and, then, you purchase -- it's like a big rubber mat that rolls out onto that and, then, they had the equipment like in a box that was provided for the families and the kids, the parents were just having the best time and so I brought that -- you know, I took pictures of it, showed it to the landscape architects, and I -- and the clients and I said, you know, this is something really cool and, you know, and they could have like a little container with the shuffleboard, the pucks and -- you know. And it will be provided by the HOA. But it was really neat and -- and people played -- I mean even into the dark, because it was just something different, something fun. Meridian City Council Meeting Agenda August 7, 2018 — Page 176 of 572 Meridian City Council July 24, 2018 Page 64 of 112 Cavener: Madam Mayor? It is. It's a different kind of amenity and as long as there has been some thought and a plan put in place so that people can take advantage of it that was my only concern, so that satisfies mine. Thank you. McKay: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: My only thought about was are they going to play shuffleboard in the wintertime? McKay: I doubt it. So, probably they would roll it up and store it in the wintertime. But the playground equipment would be there. Bernt: Madam Mayor. Becky, I agree that it's really popular, but my -- my grandparents lived down in Arizona for a long time and we -- we would go down to visit and I actually entered myself into their -- the championship, you know, like competition and it was absolutely one of the most competitive events I think I have ever been in my entire -- I'm pretty competitive and that was crazy. It was unbelievable. McKay: Maybe we will need two of them. Bernt: It's a lot of fun. McKay: That's a great story. Thank you. De Weerd: Mrs. Milam. Milam: Madam Mayor. Is the playground -- are the amenities in phase one or phase two? McKay: The phase one will bring in the first amenity right here and the well lot will be part of phase one and, then, we will build basically this loop and, then, phase two -- let's see. Milam: Oh, there I see it. McKay: There it is. Phase two. Right there. So, the play equipment is in phase two, to answer your question. Milam: Okay. McKay: Thank you. Meridian City Council Meeting Agenda August 7, 2018 — Page 177 of 572 Meridian City Council July 24, 2018 Page 65 of 112 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Becky, I would ask you to drop the city neighborhood park idea. I hate them, because neighbors -- the vast majority of citizens don't know that these exist. There is a bunch of them. And often the neighbors kind of feel like it's their neighborhood park. You know, I drive at least once -- often more than that weekly past Champion Park and there is nobody ever there, except National Night Out. I have never seen anybody there, other than a few -- a couple people from the neighborhood. On the previous application at the mere mention of the public using the city park that -- that's already in existence behind the proposed Costco, there was major grumbling like, oh, how dare they. But that's a city park. If it's not off an arterial the city shouldn't own it as a park. They are too hard to get the word out that they exist. The neighbors have them, the neighbors assume it's -- it's theirs nobody else's and it's just -- they are just messy to me. So, I -- I would prefer that if you want a park there, you put a park there, and the neighborhood owns it. McKay: Madam Mayor, Councilman Palmer, I have heard you express your concerns about neighborhood parks. From a planning perspective I think it's important that we have neighborhood parks, community parks, and regional parks, because they all serve a different purpose and I think the neighborhood parks that are tucked back into the projects sometimes are not as visible as they should be and I have seen some where, you know, they are lined with a lot of houses and tucked back in. Boise has some neighborhood parks that, you know, you got to see a little sign to find Demeyer Park, which is tucked back in a neighborhood. This is going to be on the mid mile collector and signalized intersection of Harris and Highway 69. It will go clear over to Linder and, then, there is another collector, Kentucky Way, that goes to Victory and, then, will go all the way south to Amity. So, this part will be right in the center of all of that vehicular interconnectivity through the subdivision and I'm not tucking it back, it's right exposed on the collector. Secondly, Mr. Centers, when I went before the parks commission, he said that he will take on the responsibility of installing the irrigation system as per the city park standards. He will also seed it with the -- the city specifications and, then, we have to mitigate the trees that we can't plant along the Williams Pipeline, will be planting those in the park. So, he said basically -- and I will hook it up to my pressurized irrigation system until the city is ready to take it on and has the budget for improvements in it. But he said I will get it green, I will get it usable so that it doesn't put a burden on the city to take it from just, you know, the dirt up. So, I thought that was a real generous offer on his part. We had done that on other projects and it really works out slick. I think -- I think I have probably done at least six neighborhood parks, a community park - - I mean all the people that tell me that I have talked to that live in Champion Park say I love living in Champion Park because I love the neighborhood park. That's what they tell me. You know, over at the Heroes Park, that was part of Lochsa Falls. I did that one. What is it, the Kiwanis Park, that was part of four projects that we took a piece of each one and did -- I don't know what you guys ended up naming that one up there by -- Meridian City Council Meeting Agenda August 7, 2018 — Page 178 of 572 Meridian City Council July 24, 2018 Page 66 of 112 De Weerd: Gordon Harris. McKay: Gordon Harris Park. So, I mean we can do -- I like to see when developers are giving back to the community and creating open space that's livable. So, I think it has -- I think it makes for a good neighborhood. A healthy neighborhood. Palmer: Madam Mayor? McKay: Get those kids outside, get them playing. De Weerd: Mr. Palmer. Palmer: Madam Mayor. Becky, I don't disagree, you know, there is examples they use of Heroes Park, but that's on Ten Mile. McKay: Yes. Palmer: Bear Creek Park, for example, is -- is on a half mile collector. McKay: I did bear Creek Park. Palmer: But Bear Creek Park also has -- it's on a half mile collector I guess similar to this. However -- McKay: Stoddard is a half mile. Palmer: But Stoddard has a middle school there. They have got a Walmart there. They have got intense commercial and not just a residential situation, where as I understand it, especially with what you have mentioned about your future neighbor to the east is that this half mile collector is all going to be residential in there. McKay: Madam Mayor, Councilman Palmer, on your Comprehensive Plan it has regional commercial, so they would, obviously, have to do a Comprehensive Plan change and when I did Bear Creek Park, which I believe was about 15 acres, like a community park, there was no Walmart, there was no middle school, there was nothing out there. In fact, I had -- I had to lift -- I had build a lift station and a well just to provide central services. There was nothing out there. Staff recommended denial because there were no services out there. It took us a year to get it approved and, obviously, as things built up, now -- you know, now it makes sense. At the time it was a park out in the middle of nowhere. Palmer: Madam Mayor. And that was also before my time, but hopefully -- yeah, I mean if that's what the plan is is that someone's going to come and apply for a change, but the plan is to have some commercial there, then, that makes it more of a reasonable idea. However, it still is stuck back passed residential. So, I mean is it a deal breaker Meridian City Council Meeting Agenda August 7, 2018 — Page 179 of 572 Meridian City Council July 24, 2018 Page 67 of 112 for you if -- if Council were to say, hey, just plan on that being -- if you want a park there you're -- you're putting the park there. I understand you're putting it there anyway. McKay: Madam Mayor, Councilman Palmer, I believe in our development agreement we did put a caveat in there that in the event that the city did not want a neighborhood park, that it would be a private park. Palmer: Good enough for me. McKay: And -- and so there is -- there is a caveat in there, because, obviously, we can't bind future councils, they may have the same opinion that you have -- Palmer: Not likely. But it would be great. McKay: -- but we did -- we did go to the parks commission and they said that they were unanimously supportive of it and -- and wanted it -- you know, they liked what we were proposing, so -- thank you. Palmer: Yeah. Madam Mayor. That satisfied me, you know, that a -- that it's not this Council saying, yeah, we are intending this to be a city park. It's -- you're making it available for -- as such if a future council were to budget to build one. Okay. McKay: Madam Mayor, Councilman Palmer, that's correct. You are not voting on a public park this evening. No, sir. De Weerd: Any other questions for the applicant? Thank you. Mr. Clerk. Coles: There were no sign-ups, Madam Mayor. De Weerd: Is there anyone who wishes to provide testimony on this item? Okay. Becky, I guess I had a couple questions in the timing of your open space that seems like most of it is in phase two. There is a small portion that is in phase one, I assume. McKay: Yes. This portion located right here. De Weerd: And not down below where it's kind of divided in two? McKay: And right here. So, this is part -- half of this is in phase two, half of this is in phase three. If it's the Council's desire to move the phase two line to include all of it, that would be possible. De Weerd: Well, this -- this is phase -- McKay: This is phase one. De Weerd: Yeah. Phase one includes that park piece. Meridian City Council Meeting Agenda August 7, 2018 — Page 180 of 572 Meridian City Council July 24, 2018 Page 68 of 112 McKay: Oh, yes, it does. I'm sorry. It does. De Weerd: And you just wrap in all of the park? McKay: So, this is phase one. De Weerd: Uh-huh. McKay: This is phase two. So, you would like us to -- in phase one pull all of this in? De Weerd: Uh-huh. McKay: Yes, we could do that. Could we not do the micropaths? De Weerd: Yeah. McKay: But we could go ahead and -- De Weerd: I mean that doesn't make sense, since there is nothing to connect it to. McKay: Okay. If that is the desire of the Mayor and the Council, obviously, yes, we can make that change. De Weerd: I just asked the question. Certainly it's up to Council, but providing half a park seems that -- if you're going to do one half, you might as well do the whole thing. McKay: Yes, ma'am. We were hurrying in those phase lines. De Weerd: Any questions for the applicant? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Sonya. Sonya, there on the staff report strike condition 1.2.1 B. I heard the applicant also -- and speaks to that I think in the staff report -- also striking 1.2.2E? Accurate and you're good with that? Allen: Yes, sir. Cavener: Great. De Weerd: So, any comments from fire or police? Is that connection from Highway 69, is that a full -- full built -out street? I could ask Justin, but I'm sure Becky can -- Meridian City Council Meeting Agenda August 7, 2018 — Page 181 of 572 Meridian City Council July 24, 2018 Page 69 of 112 McKay: Madam Mayor, on Harris Street it is a mid mile collector and it is I think half plus 12. We have added a turn lane going on Harris and we have added a turn lane on Highway 69 and now that the Frost property is developing just northeast of us, then, they will build the other half. So, it will be a full collector standard and we are -- De Weerd: You know, I have been on that road and it -- it seems very narrow. We are starting to put a lot of houses in there and I'm kind of surprised Fire is not raising any concern, but -- because they have big trucks and -- and they always like wide roads and they haven't even said anything. But at what point when you get enough traffic on that does that constitute that that needs to be a full width of a road. McKay: Madam Mayor, we also -- don't forget we have Kentucky Way that goes down to Victory. So, we have two points of ingress and egress into the subdivision. De Weerd: Everyone goes to the shortest point of connection -- McKay: Correct. De Weerd: -- and so -- McKay: So, when we are -- what we have built Harris is this is a full section that we are building here. This -- we will build -- pave out to the edge of the existing right of way and ACHD in their analysis with the traffic study has a -- a -- basically a trigger point in which this signal has to be installed. We had a trigger point when we had to put in a turn lane off Highway 69 and a turn lane off of Harris, but as far as the number of trips, they -- that's within our traffic study in our ACHD report and they looked at both Graycliff and, then, Brundage. De Weerd: And so what is the trigger? McKay: You would ask that. De Weerd: Uh-huh. McKay: I cannot remember exactly what that trigger point is. I have the ACHD report here. So, we entered into an agreement with ACHD that at a certain point we would have to build out to Linder and make that extend Harris to Linder and then -- I don't think -- if we bring the multi -family in, if we start constructing it, it will require widening and trigger the signal. But as far as the number of lots I can't remember what that trigger point is. I found it. So, Harris Street is just intended to be a 36 foot wide collector roadway. I think what's out there right now is probably 20 some feet. De Weerd: Maybe 20. It doesn't seem much wider than that. McKay: But when you guys put your water line down you guys widened it. It got wider. Have you been out there since they put the water line down to connect to the well? Meridian City Council Meeting Agenda August 7, 2018 — Page 182 of 572 Meridian City Council July 24, 2018 Page 70 of 112 De Weerd: I don't think so. So, do you know how long -- how wide that is out there? Dolsby: Madam Mayor, I'm not exactly sure the width of it. I could check and get right back to you. De Weerd: Okay. Yeah. Because if -- it's supposed to be 36 and we are -- so, I guess maybe I will ask Justin to come up. He's trying to hide behind the person sitting behind the -- I still saw you. Good evening, Justin. I just wanted to -- to hear your voice. Lucas: Well, thank you so much, Madam Mayor, Members of the Council. I wish I could have provided testimony on the design of the Costco, but I didn't think it was appropriate. I'm not an architect either. So, you ask -- the question about Harris Street I think it's a good one. As you recall, when all of the development was proposed out in this area there was a TIS that was done and it -- it identified Harris as a connection out to Meridian Road and I'm -- I believe the number of lots was -- I think something like 290. 1 don't have that exactly and I doubt it's listed in this specific staff report, because it was done with the previous approvals, but there is a lot specific requirement on the Harris Street signal and some of the widening at the signal. Now, the widening of Harris Street itself is likely to occur when it develops the adjacent property. ACHD does not have enough right of way to a widen the street and collector streets are the responsibility of the development community and so they are widened by the adjacent developers. I don't know if that adequately answers your question, but -- De Weerd: What is the width of Harris Street right now, do you know? Lucas: So, Madam Mayor, off the top of my head I couldn't -- I couldn't tell you that. You're -- I know you're all very familiar with that area. Harris Street was built a long, long time ago and so it is a street that as all these subdivisions connect into it, it's likely going to need to be widened I doubt it's at a width certainly that would meet our current standards. It's not 36 feet. Typically in the past for fire department requirements and ACHD requirement streets are built at about 24 feet, which is that half plus 12 and, then, they get up to the 36 feet when the -- the other developer widens it out and has the other facilities and there a few I believe even front -on houses on Harris Street and so a lot of that will have to get cleaned up over time as that area redevelops. De Weerd: So, who is monitoring that? Lucas: So, ACHD, through the traffic impact study process, monitors the lot counts. Every final plat that you act on, ACHD also acts on. So, when we are acting on final plats in an area where there is requirements associated with lot counts, we count those up and make sure that we are meeting the requirements that were set by the commission. De Weerd: And so -- it will be -- are some of these developments -- because this is just one of three or four -- who is paying for it? Meridian City Council Meeting Agenda August 7, 2018 — Page 183 of 572 Meridian City Council July 24, 2018 Page 71 of 112 Lucas: So, the -- all collector -- De Weerd: Did they bond for it? Luas: No. All collector street improvements are typically installed through -- by the developer when they are building the collector street adjacent to their property. So, this specific street -- and Becky can speak more directly to this -- has been built in sections and so as it's built out, as the adjacent -- as the adjacent development goes in you get it built in sections, much like many other streets. For example, there is a collector street near the new middle school on Stoddard that was built in sections. I believe now it finally connects all the way over from Stoddard to Linder, but for a long time it was just those sections that -- that occur through the development process. That's not uncommon. This one's a little different, because Harris was already existing, a very small portion of it. Dolsby: Madam Mayor, I measured the street in GIS and it looks be approximately 24 feet wide currently. De Weerd: Thank you. And that's sufficient for the amount of traffic that has been approved out in that area? Lucas: Yeah. Madam Mayor, Members of the Council, 24 feet is considered a -- a minimum for two-way traffic operations. As the volumes increase, as the developments and the houses continue to get built, that's why those lot triggers are put in place, so that we are able to monitor that the situation out there. Palmer: Madam Mayor? De Weerd: Okay. Mr. Palmer. Palmer: It seems to me it's not too dissimilar from Chateau off Linder, Ten Mile, where it's been there, it just kind of sucked, and, then, as it's been developed around and now it's much more complete, curb, gutter, sidewalk, wider. But it was sufficient for what was there. De Weerd: It depends on if you lived out there. Palmer: How is it now? De Weerd: Now it's fine, but it was moving a lot of traffic and there were issues and -- and so that would be my concern there and I think Chateau was even older. I mean not as old as the section out there that takes you through some of our most beautiful area to get to the nice areas. Bernt: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 — Page 184 of 572 Meridian City Council July 24, 2018 Page 72 of 112 De Weerd: Mr. Bernt. Bernt: Justin, by -- by which phase of this development would the -- would necessitate to widen the road? Lucas: Madam Mayor, Council Member, which road? Bernt: Harris or -- we are talking -- are we talking about widening -- Lucas: So, it's my understanding that the -- the portion of the collector that is within the bounds of these preliminary plats, this preliminary plat and other preliminary plats, that is built completely. So, it's built on both sides. The section of Harris Street will not be fully completed until the adjacent property develops and so there was some discussion of that tonight that there is some potential applications being discussed on that property, but this developer doesn't have the ability to develop portions of Harris Street that are not under their property ownership, because, typically, there is not enough right of way to widen out a collector street until the development occurs and the developer of that property dedicates that right of way to the highway district. De Weerd: But these are just some of the situations we create because you have old and new and -- and, you know, there is really -- it's unsafe if you want to bring a bike or a pedestrian out in that area, because there is no curb, gutter or sidewalk. Lucas: Madam Mayor, Members of the Council, you're right, these are very common situations that occur in these rural -to -urban transitioning areas and as we have discussed on previous occasions, some of the solutions are very challenging because of the regulatory environment we find ourselves in during the development process. ACHD is not able to require off-site improvements of a developer, because there is no direct nexus. Although there may seem to be a nexus, it's -- it's very difficult for ACHD to require an off-site sidewalk, for example, unless the developer voluntarily offers that, because there is no right of way there, ACHD -- we have to go in and buy the right of way, then, to support the development -- it gets pretty complicated and if the -- if the property owner let's say is -- has a use there and they don't want to sell it, I don't see how ACHD would be able to acquire that right of way and the developer has no way to acquire it, because they are not -- they would be purchasing it as private property. So, this -- you're right, it's complex, and we have had discussions like this around schools and areas where -- I know the Council has been proactive at times requiring specific sidewalk connections in the first phase of development, especially on the perimeter of those arterial streets, and that's very helpful, because, then, you get those improvements in -- at least the perimeter improvements. If the inside subdivision area is still developing, at least you get those perimeter sidewalks to fill some of those gaps that exist in the system. De Weerd: But as we add densities on these underdeveloped roadways that are -- aren't fully built out or they are built to county -- old county requirements, our top priority Meridian City Council Meeting Agenda August 7, 2018 — Page 185 of 572 Meridian City Council July 24, 2018 Page 73 of 112 is public safety and are you creating an unsafe situation by creating more and more traffic and reasons for people to go in and out of there -- I don't know. I guess not being the road department and you have certain limitations it's hard to see how that all connects. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Correct me if I misunderstand the process, but wasn't this a previously approved project that we are just discussing whether to let them adjust it to add 15 building lots? Fifteen building lots, enough that it's going to make this -- this is no good, we need to throw this away. De Weerd: Well, I guess if you can go back far enough -- this came in after the property that was on Highway 69 that was going to be the commercial. So, that kind of came in first, if I remember correctly, and I -- I don't know. But there was already the premise that those improvements were going to be made, so -- and, then, all this other residential has happened since that, because that happened eight years ago or something like that? I don't know. I'm kind of scaring myself. Maybe I don't want to know these things, but that -- that is -- so, you are correct to a degree, but even when Council had looked at it at that time they thought there was a better sequencing with a commercial development and this residential. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: Sure. But haven't we entitled the property to be built like this and, again, we are just discussing adding 15 lots and some phase lines. De Weerd: It's a change and so that just kind of opens up the discussion. Thank you, Justin. Okay. Becky. McKay: Madam Mayor, Members of the Council, the Hawkins property never executed their development agreement, so they were never annexed or zoned into the city limits. What happened was they couldn't get their accesses to State Highway 69 that they needed and Walmart was going to go at that location. Walmart gave up on them and went to Stoddard and Overland. When Walmart abandoned that project, then, it sat just mothballed. Well, they have not been able -- my understanding in talking with some of their representatives over the past couple years -- to find another large box type tenant. So, obviously, now that Mr. Conger and Mr. Centers are moving a project forward, whether it be residential, I would say we are making progress, because when they bring that project in, then, they will dedicate the ten additional feet of right of way needed to finish that to a full 36 foot wide collector. Measuring it -- we just got our topo and I measured it 25 feet and there is curb, gutter and sidewalk on the north side, but it's just Meridian City Council Meeting Agenda August 7, 2018 — Page 186 of 572 Meridian City Council July 24, 2018 Page 74 of 112 edge of payment on the south side. The roadway was narrower until the city put that water line down Harris Street and, then, we connected it over to the line exiting out of the well. So, I think we are closer to getting Harris built to the ultimate build out. There are very few trips on Harris. I think there are only 231 trips from Meridian Heights and we have only built I think three phases of Biltmore. So, as far as capacity, even with a 25 foot pavement width there is capacity and as Mr. Palmer indicated, the project's already approved. We are not changing anything, other than we are just adding 15 lots and it is our desire to get Harris widened as soon as possible. So, I think this Stapleton Subdivision that's coming forward is going to help us do that. Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-J. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: All ayes. Mr. Palmer. Palmer: So, I understand the motion to approve it needs to have mention of striking one of the conditions I was trying to write down, but I always get mixed up with the one dot one dot one dot two -- everything. How does that need worded to make this right? Anybody? Allen: Madam Mayor, Council, if you -- if you just include the condition -- I believe it was 1.2.2E. Basically the condition related to 1.2.1 B. Palmer: Madam Mayor, I move we approve H-2018-0054, striking 1.2.2E. Period. Good with that? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Councilman Palmer, did you want to include the playground in phase one? Palmer: With the adjustment to the phasing park line. Meridian City Council Meeting Agenda August 7, 2018 — Page 187 of 572 Meridian City Council July 24, 2018 Page 75 of 112 Milam: The park. Palmer: Yeah. Milam: Thank you. Cavener: Second. Milam: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Can we move Item L up? I'm guessing that the majority of the people here are for that one. No? Never mind. K. Public Hearing for Keep Subdivision (H-2018-0043) by Jack L. Hammond Located at the SW Corner of E. Lake Hazel Rd. and S. Eagle Rd. 1. Request: Annexation and Zoning of 60.55 Acres of Land (7.07 to R -8 and 53.47 to R -2) to the R -2 and R -8 Zoning Districts; and, 2. Request: A Preliminary Plat Consisting of 59 Single Family Residential Lots, and 10 Common Lots on Approximately 53.47 Acres in the Proposed R-2 and R -8 Zoning Districts De Weerd: I'm sure they are here for Item N, the award of the RFQ; right? No, I'm kidding. Okay. Item 9-K is a public hearing for H-2018-0043. I will open this public hearing with staff comments. Parsons: Madam Mayor, Members of the Council, next item on the agenda is The Keep Subdivision. It's an application for annexation and a preliminary plat. The property consists of 60.55 acres of land, currently zoned RUT in Ada county and it's located out on the southwest corner of South Eagle Road and East Lake Hazel Road. In 2006, if Meridian City Council Meeting Agenda August 7, 2018 — Page 188 of 572 Meridian City Council July 24, 2018 Page 76 of 112 you look at the aerial here, the LDS church went through the county and got entitled. As part of that process they entered into a consent to annex agreement with the city, because they are using -- currently using city water and as part of that agreement is once the applicant -- once that property was contiguous with city limits they would be part of an annexation application and annex in per that agreement and so that's why the church -- that's why the application before you this evening has two distinct zoning districts, as the R-2 and the R-8. The Comprehensive Plan -- our future land use map designation for this particular property is low density residential, in which we can anticipate three or less units to the acre on the property. So, the applicant is here tonight to again annex and zone 60 acres of land with the R-2 and R-8 zoning districts. Primarily the reason for the annexation is to develop a preliminary plat consisting of 59 residential lots and ten common lots on 53.47 acres of land. Although the plat is -- the church is not a lot and block in the subdivision, the applicant is in the process of finalizing a property boundary adjustment through the county in order to incorporate a portion of this property in -- in -- as part of the recorded subdivision. Staff had a condition before in the staff report that the applicant have that process finalized before they came before you this evening. That has not happened. We received an e-mail from the applicant and note -- so, they are going to ask for some leniency on that particular condition and I will let them share that with you as they get up and provide their testimony. So, the applicant -- the average lot size for the R-2 lots range anywhere from 22,120 square feet to 77,000 square feet. Access -- as we went to -- when this project got before our Planning and Zoning Commission an access point was proposed to Lake Hazel Road. Staff did not want to impede that mobility corridor, so we had the applicant revise the plat and working with ACHD they came up with a revised plat that is before you this evening that shows -- depicts two access points onto Eagle Road and that's at the north and southern boundaries. So, those are the two access points into this development. Also as part of this development the applicant is proposing a stub street along the west boundary. Landscape ordinance requires that they provide a 30 foot -- 35 foot wide landscape buffer along Lake Hazel Road and a 25 foot wide along Eagle Road. Because the applicant is proposing lots in excess of 16,000 square feet, the code only requires that they provide a minimum of five percent open space and that was a change that was recently approved a year or so ago. I can tell you tonight the plat that's before you the applicant is proposing over ten percent open space. As part of our review we have also required the applicant to provide more amenities than required by code. So, the applicant is providing a tot lot, open space in the amount of five percent. There is a covered picnic structure or gazebo and, then, a bike storage, all on Lot 15 here, if you can look at the landscape plan on your right-hand side. Now, I would mention to Council -- there is -- there is a concern with -- from staff with -- in regards to turnaround being placed on a common lot. I think this has come before you in the past in a previous application. We want to know how that's going to be remediated. So, currently there is nothing in a DA on how that's to be structured and who is to -- if that road is extended who is going to replace the common lot landscaping and see that. So, certainly we need to take that under consideration tonight as we deliberate on this application. The applicant has provided some conceptual building elevations for you to take under consideration this evening. This is similar to what some of the neighbors came to and testified as part of that Southern Rim Coalition, they wanted larger lots in Meridian City Council Meeting Agenda August 7, 2018 — Page 189 of 572 Meridian City Council July 24, 2018 Page 77 of 112 the area to be -- to mimic more of that Black Rock Community and that's what the applicant is proposing this evening. Planning and Zoning Commission did recommend approval of this application. Testifying in favor was Todd Lakey. No one testified in opposition. No one commented on the application, other than Todd. And, then, we did receive written testimony from Judy Lewis. Key items -- or one item of discussion was the number of traffic generation from the project and, then, no key issues of discussion by the -- the Commission. The Commission did strike one condition of approval and that -- when it originally went before them staff had recommended that a pedestrian access be provided to the church along the -- it's between Lots 12 and 13. The Commission didn't feel that was necessary and they struck that condition. So, really, the only out -- a couple things that staff needs you to take under consideration. As one the applicants still need to finalize that property boundary adjustment with the county. That's critical, because we need to make sure that the plat matches the boundary that they are showing to you this evening. So, if that is not done, then, the church has to be a lot and block in the subdivision, which it currently isn't tonight. So, staff has some flexibility, if you will. As you know, a development agreement has a six month sunset clause, so certainly we can work with the applicant, not have them finalized their development agreement until they finalize -- give us the paperwork showing us that they have finalized their property boundary adjustment with the county. And, then, because this plat did change from Planning and Zoning Commission until this evening, I had a chance to look over some of the conditions of approval in the staff report and so some modifications are going to be needed this evening in order to make the DA align with the proposed plat and I will go through those changes with you very quickly. So, DA provision A specifically speaks to access to Eagle Road. Well, at the time this came forward there was only one access point and so the DA reflected that change. So, as you can see here that plat's been modified to show two access points onto Eagle Road, so we need to reflect the change to reflect two access points onto Eagle Road. The applicant added a tot lot to the subdivision that was not included in DA provision D, so we want to make sure that that amenity is added. And, then, condition 1.1.2C, there was a block link issue when we took this project before Planning and Zoning Commission. That issue has been resolved with the additional access point to Eagle Road and so that -- that condition is no longer applicable for this project. So, we asked that you strike that condition. Again, Planning and Zoning Commission did recommend approval. We are recommending a development agreement and I will conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bernt: Madam Mayor, one question. De Weerd: Mr. -- Bernt: Has -- have -- did they -- did you guys receive a letter that started prior to the City Council hearing the applicant shall provide the final approval letter from Ada county indicating completion of the property boundary adjustment. Has that been provided? Meridian City Council Meeting Agenda August 7, 2018 — Page 190 of 572 Meridian City Council July 24, 2018 Page 78 of 112 Parsons: Madam Mayor, Members of the Council, Councilman Bernt, no, that's the Condition 1.1 -- 1.1.5 was a condition that we had in there, so we either have to modify that, that they provide that prior to executing the development agreement or prior to the findings being approved and I will leave it up to your court on how -- how much leeway you want to give the applicant on that. Bernt: Okay. De Weerd: Okay. Anything further at this point? Okay. Would the applicant like to provide testimony? Good evening. Lakey: Madam Mayor, Council Members, it's always a pleasure to appear before you. For the record my name is Todd Lakey. Address is 141 East Carlton Avenue, Meridian, Idaho and as Bill's pulling up the PowerPoint here -- get it started. Okay. Great. Madam Mayor, Members of the Council, Bill did a good job covering a lot of the high points or a lot of the detail and I will cover some of the high points maybe is the better way to say it. We are very appreciative of staff's recommendation of approval, of Planning and Zoning Commission's recommendation of approval and also the support we received from ACHD as we worked with them. This is a very high quality project and it complies with the Comprehensive Plan, the zoning ordinance, and the agency requirements. This initial look is just the type of entrance, landscaping, and treatment that you will see on this project. I'm going to go through and just give you a little bit more of a taste of the character of the area and, then, talk about some of the details and some of those conditions that Bill mentioned. Okay. This is an aerial photo that just kind of shows the -- the character of the area as far as what's kind of being developed currently. Here is the subject property as Bill described and, then, you can see the development that's occurred primarily to the north -- oops, that's not supposed to do that. To the north -- the northwest and a little bit to the east. So, the -- the character of the area is growing. The existing zoning and Comprehensive Plan also reflects that. Our requested zoning is R-2 and that's the lowest density designation that the city has. That gives us up to three dwelling units per acre and our dwelling unit per acre is a 1.1 dwelling unit per acre average. So, we are at the -- at the low end of that. The R-8 for the church lot, that is required, because we need to have R-8 to do a church and, again, as was mentioned, there is a 2006 agreement with the city that they would annex when this comes forward. So, that's part of the cooperative effort with the church. I will talk about it later, but the church currently owns the entire parcel and as I talk about the condition that needs to be modified, I will expound a little bit on that. Here is your existing zoning in the -- in the area. The orange dot there is the subject property. We have got R-4 immediately adjacent to us, some R-15 and some R-8 in the area. So, that's medium to low density, medium to high density, and medium density. So, we are less dense than the existing zoning that's approved in the immediate vicinity. But in addition to that, we comply with the Comprehensive Plan. The Comprehensive Plan requires that we have a low density designation and that's what we pursued, in addition to the input that Bill mentioned we received from our neighbors. The purpose is to provide these type of single family homes on large lots. That's what the Comprehensive Plan calls for and how we are complying. Here is the Comprehensive Plan future land Meridian City Council Meeting Agenda August 7, 2018 — Page 191 of 572 Meridian City Council July 24, 2018 Page 79 of 112 use map. The orange dot, again, is our parcel and the light green is that low density designation. The yellow is medium density and the orange is medium to high. So, you can kind of get a character of what the city is planning for the area and how we fit. So, I want to look -- just show you a few more diagrams or renderings of what the project is going to look like to show that you are going to have a quality project. Hopefully Council Member Palmer won't say this project sucks. It will be a good project. So, there is the entryway. You can, again, the type of landscaping, particularly some -- some of the trees as they mature. The detached sidewalks that we are talking about. Here is an overhead view again looking down on the entryways coming onto Eagle Road. Again, another view of that entryway treatment. You already saw the types of homes and the -- and the exteriors we are going to be looking at for this -- this project. As Bill mentioned, we -- we changed the preliminary plat and the landscaping plan at the suggestion of staff and -- and ACRD. We had the access onto Lake Hazel. There was a sincere lack of enthusiasm for that access by ACHD and city staff and so we modified that, met with ACHD and Eagle Road is classified to a lower degree than Lake Hazel. That was their -- part of their bases for approving the two accesses. Their preference was that it would be on Eagle Road instead of Lake Hazel. There is some geography and some other things that combine to make Lake Hazel a little more challenging. So, the two accesses go around the two portions of the property that abut Eagle Road north and south of the church. A couple points I want to mention there. With our revised plat and a revised landscaping plan, we received, again, the support of ACHD and -- and city staff. That removed the need for what was previously a requirement for an emergency access only to Lake Hazel. We also in our change we increased the open space and landscaped area. Previously were we at -- we were at more than double the other requirement, about 10.6 and now we are about 11.09 open space on the -- on the property -- on the project. The common area, as Bill mentioned, is located here. That's about a 26,000 square foot lot and we are going to include that play equipment, the gazebo, and the bike rack on that lot. The requirement for the temporary access was one that was generated from ACHD. Because of that length we are certainly willing to forego that if -- if we obtained a waiver from ACHD and the Fire Department that that wasn't necessary in this particular case. So, we would be open to that flexibility. If we don't have that flexibility, then, we are certainly willing to include in the development agreement that we signed that the developer or their successor, the HOA, would be responsible to reclaim that if and when that connects to the property to the west. So, that's -- that responsibility is taken care of to put that portion of the temporary turnaround back into grass to match the -- the rest of the lot. With that -- I want to mention a couple of the conditions that we needed to modify. I think Bill touched on them. Modifying 1.1.5, that's the requirement to have the property boundary adjustment done and a letter from -- from the county submitted prior to the Council meeting. As I mentioned, the church owns the whole property. As they looked at it we thought we could do that, but, then, as they thought about it some more they wanted to make sure that they had a city approval -- approval from the Council before they made permanent changes on their property. We anticipate that that can be done in about a week. The record of survey is essentially complete, but the church wanted to know that the Council approved the project before they did it. As I talked with Bill I think having that condition met prior to approval of the development agreement makes good sense. We could have it done and submitted Meridian City Council Meeting Agenda August 7, 2018 — Page 192 of 572 Meridian City Council July 24, 2018 Page 80 of 112 prior to that time. The development agreement established the responsibilities regarding that condition and others. I think I want to denote just a couple others. Bill mentioned I think most of the conditions. The one that I just talked about modifying is 1.1.5 to change that to prior to the development agreement execution and, then, also the -- this still has the old ACHD conditions in it related to the previous plat that had the access onto Lake Hazel. So, for example, 7.1.7 talks about the main entrance on Lake Hazel. That would need to be deleted, because that's been changed. And I think we caught most of them, but it might be good if we had, just in case, some -- some flexibility to double-check with staff to make sure all the conditions reflect the -- the recent preliminary plat and the ACHD approval. You have the general requirements to comply with ACHD requirements, which would cover that. With that, Madam Mayor and Council Members, this is a quality project that complies with the Comprehensive Plan, the zoning ordinance, and the agency standards. City services are available and we would ask for your approval. I would be happy to answer any questions if you have them. De Weerd: I think you didn't even have to provide the detail that you provided. I think we probably could have voted the minute you open your mouth. This is a beautiful project, Todd, and appreciate the thorough review you did of the staff report and appreciate the caution that the church had in making sure that Council approves this before they -- they took that last dot of the I. But this is -- this is quality and -- and, unfortunately, you don't see these very often. So, when we do you almost get giddy. But, Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Planning and Zoning -- thank you, Todd, for your presentation. Planning and Zoning scrapped a -- like a micropath from the -- the cul-de-sac to the LDS church. What is your thoughts on that? Lakey: Madam Mayor and Council Member Bernt, that was removed, essentially, at the request of the church. They preferred not to have that connection for security purposes. Obviously, there is sidewalk connections throughout the property that can get to those -- to the church for those that want to walk, but they wanted to remove that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Todd, yeah, beautiful homes. I'm ready to move in. De Weerd: I already chose my house. Milam: There was a letter, though, in -- in our packet from Judy Lewis. Did you have a chance to review that? Since she had some questions that -- you might have answered Meridian City Council Meeting Agenda August 7, 2018 — Page 193 of 572 Meridian City Council July 24, 2018 Page 81 of 112 some of them already, but she lives right across the street from the LDS church. She couldn't be here tonight. Lakey: Madam Mayor and Council Member Milam, I have reviewed it. It's been a while. It seems like some of her concerns were related mostly to traffic and ACHD, again, did a thorough review on this and approved our plan and, then, also in their report you will note that they have, as part of their capital improvement plan, improvements planned for Lake Hazel and for Eagle Road within the next three years. Milam: Do you know -- what is the time frame for when it's starting and completing it? Lakey: Our project? Milam: Yeah. Lakey: Madam Mayor and Council Member Milam, I can ask my client, but I do know that they are planning on doing it in one phase. So, it would be a final plat on top of the preliminary plat and, then, just developed out in accordance with the city timelines from there. Milam: Madam Mayor? And if you know where the construction vehicles will enter and exit the property when construction begins. Lakey: You might give me a moment to get an answer to that question for you. Milam: Sorry. Lakey: Okay. Milam: Madam Mayor? Todd, I mean there is -- and there is going to be public testimony, so we can -- if nobody else has any questions you can answer that at the end. Lakey: Will do. Milam: That would be fine. That will give you some time. Thank you. I appreciate it. De Weerd: But I do think that the letter addressed the concern about traffic and this has one of the lowest impacts of traffic. Just thought I would bring that up. Any further questions? Thank you. Lakey: Thank you, Madam Mayor. De Weerd: Mr. Clerk. Meridian City Council Meeting Agenda August 7, 2018 — Page 194 of 572 Meridian City Council July 24, 2018 Page 82 of 112 Coles: Thank you, Madam Mayor. We had six sign-ups, all in favor, one of which wanted to testify. Mary Affleck wanted to testify. De Weerd: Well, thank you all for hanging in here with us. It's been a long evening. Thank you for joining us. If you will, please, state your name and address. Affleck: My name is MaryAffleck. My address is 6519 South Raap Ranch Lane. I don't know if you can pull up a picture that has our address on that also? I'm -- I am not against this at all. I think it's beautiful. Ty, finally we get one that the rest of us like. It's beautiful. But as they pulled it up I saw there were a few changes from when we went to the meeting. We weren't able to make the last City Council meeting and ours is the triangle that's right next -- we run the length of this subdivision. It looks to me like right where the tot lot is is like right by our barn and that means animals and also there is a canal that runs the length of that. So, that scared me just a little bit there with children and road just being stubbed into our property. The other thing is that the point of the triangle, we have bees, so -- Bernt: Bees? Affleck: Bees. Yes. So, that's a little bit of a concern for people that are building there and, like I said, I have no opposition to this at all, but I think it would be wise to put a very large fence between ours and -- or even between their property and the canal that runs through there. That's just my recommendation, because we are probably not going to change and we are getting horses, so -- sixteen acres next to a subdivision. De Weerd: Well -- and usually our developments do have perimeter fencing, but we will find out what the fencing plan is in -- in the applicant's remarks. Affleck: Thank you. De Weerd: Thank you. Is there any further testimony? Okay. Mr. Lakey. Lakey: Thank you, Madam Mayor, Council Members. Again, for the record Todd Lakey, 141 East Carlton, Meridian, Idaho. De Weerd: Thank you. Lakey: Madam Mayor and Council Members, so I haven't answered a couple of questions. Council Member Milam asked about our timing and we feel like the -- there is a high demand for these lots currently and so our plan is to develop these as soon as possible. We anticipate having lots available for sale next summer or as quickly as we can get them. So, the project I anticipate will build out pretty quickly. The construction will be the southern access. So, on the south side of the church there. And, then, in regards to tot lot -- it's a little more directly east from the church, so it's not totally lined up with the barn, but we will have wrought iron perimeter fencing in that area to keep the property separated and keep people in the subdivision on that lot inside the Meridian City Council Meeting Agenda August 7, 2018 — Page 195 of 572 Meridian City Council July 24, 2018 Page 83 of 112 subdivision. And with that, Madam Mayor, I think I answered your questions. I would be happy to answer any others if you have them and we would ask for your approval. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Any concern about the bees? Lakey: Madam Mayor and Council Member Bernt, the little critters are kind of hard to control. Not -- I mean not really from our perspective, so -- De Weerd: I was looking forward to your answer, actually. Lakey: A little GPS on them. I don't know what -- no. Bernt: I just wanted it on the record just for, you know, future -- Lakey: Sure. Bernt: -- property owners that have a concern about it, so we are good. Lakey: I would say we recognize, you know, it's a growing area, but there are certainly still agricultural operations in the area. Bernt: Sure. I understand. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Lakey, do you happen to know the height or width between -- I guess the spacing on that wrought iron fence? I recognize the aesthetics and I think with a neighbor like this it's -- it's an appropriate type of fencing. I am just also -- as a father of a toddler who has the ability to move and maneuver through places and things that I never thought possible, just wanting to reduce the likelihood -- you know, any possibility of a little one putting themselves in danger with the water feature and -- and a farm. Lakey: Madam Mayor and Council Member Cavener, I think we can certainly keep that in mind. From -- from personal experience I have been shopping for wrought iron fence for -- for my home and they are -- they are spaced at such a distance they are designed not to let children get through them. De Weerd: That's true. But if you have had kids somehow they figure things out. Lakey: Right. Nothing's foolproof. Sure. Meridian City Council Meeting Agenda August 7, 2018 — Page 196 of 572 Meridian City Council July 24, 2018 Page 84 of 112 De Weerd: Any other questions? Okay. Thank you. Lakey: Okay. Thank you, Madam Mayor. De Weerd: And certainly you can pass along your -- your number to the neighbor. Okay. Council, anything further? If not, I would entertain a motion to close. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we close the public hearing for H-2018-0043. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-K. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve H-2018-0043. Milam: Second. De Weerd: I have a motion and a second. Did you want to note 1.1.5? Bernt: Oh, yes. De Weerd: And the updated comments for the ACHD approvals. Bernt: Yes, I would like to include those. Thank you, Mayor. De Weerd: You bet. Cavener: Madam Mayor? De Weerd: Second agrees? Yes. Mr. Cavener. Cavener: Does the maker of the motion also plan to strike 1.12C as requested by staff? Bernt: Yes, it does. Thank you. Meridian City Council Meeting Agenda August 7, 2018 — Page 197 of 572 Meridian City Council July 24, 2018 Page 85 of 112 Milam: Second agrees. De Weerd: As long as Bill nodded. Parsons: Madam Mayor, another clarification on the turnaround. How do you want to handle the turnaround on the common lot? Are we going to pass the buck onto the HOA in the future to remediate when the road gets extended or are we going to -- De Weerd: I think the applicant noted that that had been straightened out. Parsons: Yeah. They had the option to work with this ACHD and the fire department on that or -- they can't seem to waive the requirement for the temporary turnaround and we will have a DA provision that required remediation by the HOA I guess. Is Council amenable to that? Cavener: That's the appropriate -- sorry. I'm not the maker of the motion. Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm not the maker of the motion or the second, but we didn't have a chance to really discuss that, but that -- I'm supportive of that. It's not my preferred approach, but it's I think the best solution that presents itself. So, I'm supportive of that. De Weerd: Okay. Anything further? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Rd. L. Public Hearing for Compass Charter School (H-2018-0048) by Bouma USA, Located at the northeast corner of W. Franklin and S. Black Cat Rd. 1. Request: An Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 25.05 Acres of Lane from Medium -High Density Residential and Park to Mixed Employment; and 2. Request: Annexation and Zoning of 21.93 Acres of Land from RUT to the ME (Mixed Employment) Zoning District Meridian City Council Meeting Agenda August 7, 2018 — Page 198 of 572 Meridian City Council July 24, 2018 Page 86 of 112 De Weerd: Item 9-L is a public hearing for H-2018-0048. I will open this public hearing with staff comments. Parsons: Madam Mayor, this is on the Compass Charter School. The site consists of 21.93 acres of land currently zoned RUT in Ada county as well and is located near the northeast corner of West Franklin Road and North Black Cat Road. The applicant -- the current Comprehensive Plan designation for the property is medium high density residential and a park. You can see that on the exhibit directly to your right on the screen. The applicant is here to discuss a comprehensive land use change on approximately 25.05 acres of land from medium high density residential in part to mixed employment and to annex 20.93 acres of land into the city from RUT to mixed employment zoning district. So, as I -- as I go through the presentation you will see that there will be two concept plans for you to take under consideration. One specifically is illustrative only and shows how it supports the Comprehensive Plan change and the other one is to show what the applicant intends to do with the annexation of the property. So, currently this is what you have before you. So, again, the exhibit on the left, the applicant has provided two concept plans. So, typically when the applicant goes through that Comprehensive Plan map change we ask them to show us how they can envision the property developing in the future. Keep in mind that we can't condition Comprehensive Plan map amendments and so in this particular case the map on the left is illustrative purposes only. The applicant went to all the adjacent property owners, shared with them the vision for their particular portion of the project and got the other adjacent neighbors on board to change their comp plan with a vision that someday there could be some commercial that can support the future school site in this area and that's kind of that visual graphic on the left that shows future accesses and how other properties can develop in conjunction with the school site. A concept plan on the -- the right-hand side is what they are proposing with the annexation request and that's where the Council has the ability to tie this concept plan to a development agreement and that's what staff is recommending before you this evening. So, one is a little high level detail and the other one kind of shows you what they plan on doing not only with their first phase, but previous phases as well. And so the applicant -- for my purposes of my presentation I'm going to focus on more of the annexation side of things, because that's really what they intend to develop at this time, but I thought it was important context for Council to at least see what they -- they have some kind of vision for -- to support the Comprehensive Plan in that and the other adjacent property owners were supportive of that request as well. So, again, the graphic on the right shows the applicant showing a school site. The subject property does have access to both Black Cat and Franklin Road, as you can see here on the concept plan. As part of the Ten Mile specific area plan in which this property is part of, the applicant is required to collect -- to construct a collector road along the north boundary of the site. The one thing that isn't quite reflected in this is the applicant is trying to purchase the property kind of northeast of this property, so that they can have ball fields in the future, but at this time that property has not been secured, so it's not part of the annexation plan at this point. At some point if they are able to that they will have to come back and modify that agreement and share with you their future plans for that particular property. An interesting point with his Meridian City Council Meeting Agenda August 7, 2018 — Page 199 of 572 Meridian City Council July 24, 2018 Page 87 of 112 particular property is there is currently a landscape business that is part of this particular annexation request. The applicant is pursuing buying the back portion of that particular property and so with the annexation request staff is recommending that there is two development agreements, one that kind of governs what the landscape business can do in the future and one that governs what the Compass Charter School can do. So, it is kind of a unique anomaly and -- but we want to make sure that both parties are set up for success on what they can do with future development of their property. So, the applicant is proposing a parent drop off area -- basically they come in off of Black Cat and kind of isolate the parent dropoff area here and, then, on this portion of the site the buses will enter and exit off of Franklin Road. That was something that was discussed at the Planning and Zoning Commission. So, this particular site plan that you have before you are a result of what kind of transpired during the Planning and Zoning Commission hearing. Originally there -- because this is a future collector road along the north boundary, the applicant is -- originally had a couple curb cuts into the school site. Both the applicant, ACRD, and city staff felt it appropriate to just have one access to that future collector road and so that's why the plan has been modified to reflect that change. I would also mention to you that the Williams pipeline does bisect this particular properly, just like the -- the Graycliff project. So, the applicant will have to comply with the -- their development handbook as they move through development plans on this site. You know, one thing that wasn't really vetted or discussed at the Planning and Zoning Commission, but it really falls under the purview of -- of the Council this evening is -- as I mentioned earlier in my presentation this particular property -- although the neighbors are supportive of changing their comp plan designation from medium high density residential to mixed employment, there are still single family residences that are -- abut up against this property and whenever we have a commercial zone that butts up to a residential use or a zone the code requires a landscape buffer to segregate the uses. Now, the code does allow the Council to grant a waiver or reduction to that buffer to the public hearing process, so I would encourage the applicant to at least bring that point up to you this evening and ask what they are willing to work with you as far as a reduced buffer. Currently here they are showing a five foot buffer up against some of those residential uses. Again, the comp plan change is one thing, but here we are in for annexation and there are existing uses in the county currently. So, that's something that you need to take under consideration as part of this application this evening. As I mentioned to you -- the one thing that I did also want to point out to the Council this evening is once this property is annexed and zoned a school is a -- what we consider a principally permitted use. So, if the development agreement is executed, a public school doesn't -- or the charter school doesn't have -- have to come back through a public hearing process. It's a principally permitted use. So, at that point the site details, the site design, all of that is at staff level approval, so you don't get another bite at the apple. So, this application does have to be scrutinized a little bit more, just because we don't get another chance at a review, except at staff level. Now, it's a different story for the landscape business. That particular use is described as a mobile service in our code, so right now we are going to -- staff is going to recognize that it's an existing business approved through the county. If a business owner is wanting to expand that use in the future they are going to have to come back through a conditional use process in order to do that. So, currently as it's structured in Meridian City Council Meeting Agenda August 7, 2018 — Page 200 of 572 Meridian City Council July 24, 2018 Page 88 of 112 the development agreement -- or proposed DA provision, the landscape business will keep one access point to Franklin Road and the school district will have their access point -- their right -in, right -out only access for their bus entries and, then, a full access to Black Cat. As a provision of annexation the code requires that the applicant grant cross -access with adjacent properties, so this plan does define those locations, but staff feels it appropriate to leave it a little bit fluid for the applicant as they further divine -- design their site plan to kind of refine it -- I think there may be other opportunities for a better location for cross -access. So, certainly we want to work with the applicant as we move forward. We want to make sure that we want to limit those access points to that arterial roadway on Franklin and eventually we hope this collector roadway is stubbed and would be extended with additional properties to the east. So, we want to -- you can see here what the future land use map here that that road will be stubbed here and eventually get extended further to the east as additional properties annex and zone into the city. The applicant did also provide sample elevations for you. Again, these are just renderings. They will have to go through the design review process with their certificate of zoning compliance application. I believe the applicant has made some refinements to their elevations. As we had called out in the staff report that there was too much metal on the building and they would have to work with our design standards and try to eliminate some of that metal siding in order to comply with the design manual. So, our Planning and Zoning Commission did recommend approval. Speaking in favor were Paul Bierlein -- Paul -- Bill Haddock, and Kelly Trudeau. Jane Byam, Cheryl Stores and Stephen Janoushek spoke in opposition of the project. No one commented on it. No written testimony received. And really key issues of discussion at the Planning and Zoning Commission concerned increase in traffic because of the school. A lot of the neighbors came and testified that they weren't adequately noticed, which during that public hearing we did clarify that they were and, then, some of the neighbors testified whether or not their irrigation water was going to be provided to them downstream. So, we addressed that. And, then, also key items of discussion by the Commission included parking for the school site. Some of them felt that it was under parked for a school and, then, also the bus circulation. We spent quite a bit of time on how that would work and how buses would come in and out through a right -in, right -out only access. Originally staff was recommending that the applicant design the site so the buses could get farther north and exit out onto that collector road that would punch out to Black Cat Road, but currently as -- as proposed to you this evening that change had not occurred. So, as far as -- the only written testimony that we received was from Brian Holaman. He was -- his response to the Commission recs. There aren't any outstanding issues for Council this evening. So, I will go ahead and complete my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Meeting Agenda August 7, 2018 — Page 201 of 572 Meridian City Council July 24, 2018 Page 89 of 112 Bernt: One question. I agree with the Planning and Zoning Commission. My experience in the past it seems like there is always more parking that's needed than what's planned or -- than what's been planned for and so not uncommon, you know, to see cars parked out on streets they are not supposed to and it sort of ends up being sort of a cluster and so what's staff's opinion when it comes -- as it relates to parking with this potential development? Parsons: Madam Mayor, Members of the -- of the Council, I think you bring up a valid point. Currently our current standards for this type of development is one per 500 gross floor area of the school, so it's based on the square footage of the building. I think the applicant can maybe share with us on how many employees they plan to have at the school with their phase one and certainly parking won't be allowed on the collector road or any of their other arterial roadway. So, we have to be mindful as -- as we proceed through these approvals. The applicant -- again, the applicant is trying to acquire more property as they go through this process, so they can address some of those concerns. Right now Planning and Zoning Commission talked about parking, but really didn't say what that parking ratio would be. So, for now what you see in front of you is the parking that the applicant is proposing. So, staff's agreeable that -- or amenable to that at this point. Bernt: Madam Mayor, follow up? What is the ratio though? Are they just right at where they need to be or are they just -- are they meeting the minimum or where are they at in regard to what the requirement is from the city? Parsons: Yeah. Madam Mayor, Members of the Council, I don't have that answer for you right now. Maybe the applicant can shed some light on their parking ratio for the site. De Weerd: Any other questions for staff at this time? Okay. Is the applicant here? Thank you for joining us and we know it's late, so we appreciate those of you that are still here. If you will, please, state your name and address. Bierlein: Paul Bierlein with Bouma USA. 445 Pettis Avenue. De Weerd: Thank you. Bierlein: Madam Mayor and Council Members, I would like to start just by thanking the city planning and all the work that they have done with us through this process and we plan to continue to work with them to make sure that all the required guidelines and conditions are met that are in the report. We also -- I will try to keep this brief, too, per your earlier comment of how late it is. Bernt: Take your time. Bierlein: Okay. We also plan to work with the -- the landscape parcel to make sure that their parcel comes up to the standards that would be new for them per the ordinance. Meridian City Council Meeting Agenda August 7, 2018 — Page 202 of 572 Meridian City Council July 24, 2018 Page 90 of 112 So, we are working with them currently. We also are working with ACHD in the design and construction of the road improvements that are required and will continue to work with them to make sure that we meet all those requirements and that we are also working with the irrigation district to make sure that we don't disrupt any of the irrigation rights of the neighboring parcels. So, there is lots of requirements that we have to meet and we are working with lots of different jurisdictions to make sure we -- we do that. A couple items that Bill had brought up. I think maybe there is a misunderstanding on the ten acre parcel to the northeast, which is right here. Our -- our plan is to purchase that and to have that annexed as part of this process and I think that's the way that it was presented at the Planning Commission hearing. Is that different, Bill, than the way you understand or -- Parsons: I was just curious why the concept plan didn't -- I didn't know if we got cut out or -- Bierlein: Yeah. Maybe we are just trying to focus in on the development of this right now, because we are not developing any of this right now on the northeast corner, but we are planning to purchase that right now and would like that to be a part of this annexation. The other benefit of having that right now -- and as we move to develop that in the future there will be additional parking over there as well. So, that will accommodate both sports recreation and parking. So, as the school grows we will have additional capacity to expand parking over there as well. In regards to the landscape buffer that we were talking, Bill discussed this area right through here. I believe it was a 25 foot requirement, if that's correct. We didn't quite have that much room there. We were trying to work within very tight boundaries. There is an irrigation canal that runs along that boundary and we are trying to get as much parking, obviously, as possible and the bus route -- or bus drive. So, we contacted these neighbors here and they are in support of us putting up an opaque fence, so that we could potentially reduce the landscape buffer to a minimum width there in combination with the opaque fence and the neighbors supported that and, Bill, I forget what the process is that we have to go through there to accommodate that, but what you had addressed here earlier. Parsons: Madam Mayor, Members of Council, it just -- it takes Council action on -- on the annexation request tonight whether or not they support a buffer reduction from 25 down to -- what do you have there, five feet? Bierlein: We have a ditch that runs through there. I think it's -- I can't tell from this drawing, because it's pretty small, but maybe more like ten -- ten to 15. Cavener: Madam Mayor? I guess maybe just a point of clarification, then, for myself. The area that includes the -- it looks like a future soccer track -- to clarify, if I heard you correctly, you wanted that included in this application; is that correct? Bierlein: Yeah. That's correct. That's part of this annexation. Cavener: Madam Mayor? But you don't own the land? Meridian City Council Meeting Agenda August 7, 2018 — Page 203 of 572 Meridian City Council July 24, 2018 Page 91 of 112 Bierlein: We are -- we are working to acquire that piece of land, as well as the other three parcels. Cavener: So, you do or you do not -- Bierlein: We have a purchase agreement on all parcels and we are working to close on those. So, we do not own them right now, but we have the permission of the owners to speak on their behalf. Cavener: Okay. Madam Mayor, I guess a question for legal or -- are we able to move forward on an annexation? Nary: Madam Mayor, Members of the Council, it's just to have the -- just to have the approval of the property owners to be the applicant if they can. I mean I think that's what Bill was talking about in clearing up all that property boundary prior to the development. Cavener: Okay. Great. Thank you. Bierlein: You're welcome. Are there any other questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: How -- number of employees -- teachers, staff, janitors? Bierlein: You know, I might have to ask the school representative to come up and answer that question. I don't have that detail. If we can reserve that for -- we can either answer that now or reserve that. Here she comes. I will step aside. De Weerd: Hi, Kelly. If you will, please, state our name and address for the record. Trudeau: Kelly Trudeau. I just moved. 2509 North Kristen Way, Meridian. So -- so, there are several phases. So, our initial phase when we moved into the building will be approximately like 40 employees. That would include teachers, secretaries, administrators. De Weerd: And what is your mix on -- on the -- the grade level? Say you -- is all of your classes going to be here or are you still going to be in the University of Phoenix building? Or your own building? Trudeau: Right. So, this -- so, this building is actually replacing the University of Phoenix building, because that's a leased building. So, we will be moving over 6th Meridian City Council Meeting Agenda August 7, 2018 — Page 204 of 572 Meridian City Council July 24, 2018 Page 92 of 112 through 12th grade to this campus and, then, we will be keeping our building at Cherry Lane, which is our K through five campus. De Weerd: Okay. So, on the University of Phoenix site how much student parking did you find that you were -- you were receiving? Trudeau: Oh -- you know. And I don't know how many parking spaces are there, but we had plenty of room. So, we still have lots of more room that we could have accepted more student parking and staff parking. In fact, we use an entire lane -- I think there is four lanes in that parking lot and we use an entire lane as our bus lane. So, we -- yeah. And as a playground, because we have no ground -- playground. So, I would say we have maybe -- on a regular day 30 drivers from high school at the most. They do a lot of carpooling. IMUTZ=2 4M Yil311115 iH Bernt: Thank you for your comments. Are my-- are you the right person to talk to about parking and the ratios and what we are doing here? Trudeau: No. I should probably turn that back over to Paul. Bernt: Thank you. Hi, Paul. Hendrickson: Good evening. My name is Dan Hendrickson at 4063 Maybeck Drive and I am an architect, so be gentle tonight. De Weerd: Do you have an opinion on -- Hendrickson: I wanted to help so bad, but I -- I couldn't. So -- anyway. Parking. We -- we meet the ordinance. Okay. So, I think we got about 130 some spots. I was trying to count them on the screen and I couldn't, unfortunately, but I know we meet the ordinance, so they have about 70 percent busing. So, with 500 students -- you can kind of do the math, so I think -- I think we are good there, but like Paul said before, we have the ability under -- when we go -- move into the athletic facility to add parking if we need to. So, we -- we do charter schools throughout the country. That's one of the things we specialize in. And parking is always a challenge, but when you have busing it seems to alleviate that quite a bit. So, in this situation I feel comfortable where we are at. And I'm here for two reasons. One to talk about the architecture when we get to that point, but I also am the one who put together the master plan with all the other buildings on there. So, if we want to talk about that at any point I'm willing to do that as well. Bernt: Madam Mayor? I guess I had some questions about the parking. I don't mean to be a pain in the watusi, but it seems like in these schools inadvertently cause a lot of issues when it comes to parking and -- and as you guys grow, you know, you -- you just require so much more parking and what it does is when you have future development along Black Cat, it's going to take up a lot of their parking and they are not going to have Meridian City Council Meeting Agenda August 7, 2018 — Page 205 of 572 Meridian City Council July 24, 2018 Page 93 of 112 enough parking for their people and people are going to end up parking in the roads and places where they shouldn't be parking. It's just -- we see -- I personally have seen it a lot from different -- different schools that are private -- privately owned and ran. So, if -- it sounds like you're in the process of purchasing that -- purchasing the property in the northeast parcel. How many spots are you -- parking located -- Hendrickson: That depends on where we put the athletic fields. Right now we have them located where we can put some parking on the west side of the site and some parking on the south side of that site. You can kind of see the parking dashed in there on the -- on the master plan. Do you see that? Bernt: Yeah, I do see it. Hendrickson: Okay. So, I think we can probably get another hundred spots over there. Bernt: Hundred spots. Madam Mayor, one more follow up. When -- when it's full build out and you are at capacity, how many employees do you expect, plus students? I'm sorry for the question, but I -- Hendrickson: That's okay. Bernt: And people are going to be yelling and scream at us, because of the parking, so may as well just talk about it now. Hendrickson: Yes. So, right now we are at about 500 students -- I think that are starting there. They are looking to grow to 700 in this phase. There is additional phase where if the -- if they sell their building on Cherry Lane, that they can move the kindergarten through 5th grade there and, then, there will be another phase. That, again, would, then, trigger probably additional parking. So, I think right now we are probably okay. I think we are. We meet the ordinance and from my history and the work I have done around the country we are okay. I think we are not -- we are not -- we don't have too many. I think we are probably right about the number we need. So, I feel when we do the next phase that's when we are actually going to need parking. Make sense? Bernt: Thanks. Crystal clear. Madam Mayor, follow up. Where do you expect to get that parking? Hendrickson: In the other lot. Bernt: And where -- right up there? Hendrickson: Yeah. Bernt: I'm good. Thank you. Hendrickson: Yeah. We are going to need that for sure. Meridian City Council Meeting Agenda August 7, 2018 — Page 206 of 572 Meridian City Council July 24, 2018 Page 94 of 112 De Weerd: Other questions from Council? Thank you. Was there anything else, Paul, that you wanted to cover? Okay. Milam: Madam Mayor? ►TAnFroll,M&M&n-"NI Milam: I did have a question for Paul. So, you said you had permission -- you talked to the neighbors to have a five foot buffer with a wall. Do you have anything in writing from the neighbors? Bierlein: Yes. Yes, we do. Milam: So, it's not just a verbal handshake -- yeah, it's fine with us. Bierlein: Yeah, we have a -- we have a letter from each -- each one. Milam: Okay. And what kind of wall specifically -- what are you thinking? Like a brick wall? Bierlein: No. Like a vinyl -- Milam: Vinyl fence? Bierlein: Yeah. Milam: Just like a six foot vinyl fence? Bierlein: Yeah. Yeah. Milam: Thank you. Bierlein: And I think there -- somewhere in there we have a little bit of retaining wall that's needed, because there is a grade challenge with the irrigation canal that runs through there. So, it would be a combination in one area of some block retaining wall and vinyl fencing. Milam: Like Costco. A combination. Bierlein: Any other questions? De Weerd: Anything else from Council? Thank you. Bierlein: Thank you. Meridian City Council Meeting Agenda August 7, 2018 — Page 207 of 572 Meridian City Council July 24, 2018 Page 95 of 112 De Weerd: Mr. Clerk. Coles: Thank you, Madam Mayor. Jane Byam signed up wanting to testify. De Weerd: Good evening. Byam: Good evening. De Weerd: Thank you for still being here. Byam: Thank you for still being here as well, so -- Madam Mayor and Members of the Council, my name is Jane Byam. I live at 6050 EI Gato Lane, Meridian. De Weerd: Thanks, Jane. Byam: I'd like to, first of all, go on record as saying while I attended the Planning and Zoning meeting, opposed to the school, I am not opposed to the school, I'd much rather have the school there than apartments. My concerns are the increase of traffic on Black Cat. The entrance to the school will be just south of the railroad tracks. There is already a stop sign there and that's going to be an entrance to the school. I spoke to Gary Inselman at ACHD and currently there is no intent for the road to have a turning lane into the school so anytime anybody stops to enter it's going to block traffic -- the morning commuters heading down to Franklin to head over to Ten Mile. They -- Black Cat will eventually be widened to five lanes, but that is not slated to happen until sometime between 2021 and 2025. So, unless that changes it's just the single lane each direction right now and I'm concerned about that -- the traffic going in and out of the school, especially with it including not only staff members, but parents dropping children off if it does become a K through 12 school and students themselves driving at high school age. So, I would like to ask the Council to consider the possibility of requiring the vehicle -- the -- what do you call it? Differentiate between buses and cars. The car traffic to enter off of Franklin and the bus traffic to go in off of Black Cat, because I'm assuming there will be fewer buses than there would be cars. There is an issue, however, with the entrance off of Franklin, because of the concrete median that was put in when Franklin was redone. So, I don't know -- I -- I think that goes on Franklin passed where the proposed entrance off of Franklin is, so I don't know what can be done there to make it possible for people to be able to turn left or right heading east or west. I wondered if there was a possibility perhaps of -- it was mentioned tonight maybe that collector road being pushed through, I wondered if there is any possibility that the -- that connector -- collector road could then connect to the end of Zimmerman, which comes out onto Franklin further east and that's passed that concrete median. I guess that's -- that's pretty much it. Like I said, I'm mostly concerned about the traffic at -- when they redid the intersection of Black Cat and Franklin, ACHD diverted the traffic, rather than -- rather than -- when the intersection was closed, when they were working on it, rather than sending them up to Cherry to head west, they sent them down our street, which is a rural street, people walk, bike, ride horses and -- and that traffic hasn't stopped. We have constant speeders and with traffic backing up on Meridian City Council Meeting Agenda August 7, 2018 — Page 208 of 572 Meridian City Council July 24, 2018 Page 96 of 112 Black Cat, because of the entrance to the school, I'm afraid that's only going to get worse. So, thank you. De Weerd: Mr. Bernt. Bernt: Thank you, Madam Mayor. Is there a way to look at the topography in -- or the Google Earth of what Jane is speaking to in regard to her concern about traffic? Zimmerman -- I heard Zimmerman was involved and -- I'm trying to put some eyeballs on it. Byam: That Zimmerman is just -- it's east off of Franklin. East of where the proposed entrance is on Franklin. Can you see that? Bernt: Madam Mayor? I'm still trying to figure out what you were proposing. Byam: So -- so the -- that line right where the cursor is now -- Bernt: Yeah. Byam: -- the entrance is going to come in on Black Cat. Bernt: Right. Byam: And if you travel east on that, that triangle, the green triangle is the area they are proposing for the sports field -- Bernt: Yep. Byam: -- Zimmerman is -- so, if you cross over -- they would have to cross over the canal. No. Keep -- yeah. Keep going. And, then, that's Zimmerman right there. And I believe that that -- Zimmerman comes out on Franklin passed where those concrete barricades are, so vehicles -- vehicles could go either east or west. They would have to, you know, cross four lanes of traffic, but -- and I have to do that on Cherry -- or Fairview and -- you know, we all know how to do that, so -- I don't know if that is a possibility as far as another entrance to the location. Bernt: Madam Mayor? Staff -- Bill, is that a possibility? Parsons: Madam Mayor, Members of the Council, it kind of goes back to Justin's testimony earlier this evening. I mean that's a -- that's quite a substantial run for a public street to go all the way across properties that aren't even annexed into the city, coordination with the school to try to get all that right of way dedicated and, then, that road built. I don't see that happening and certainly can't require that much road extension with an annexation. Byam: Thank you for considering it. Meridian City Council Meeting Agenda August 7, 2018 — Page 209 of 572 Meridian City Council July 24, 2018 Page 97 of 112 De Weerd: Thank you. Coles: Madam Mayor, there were none others that signed up to testify. However, 16 did sign up wishing to just express their favor for the project, but none others wanting to testify. De Weerd: I admire you for being here this late. Thank you. Would the applicant like to address kind of traffic flow in this area and -- Bierlein: Yes. Thank you. Madam Mayor and Council Members, we did do a traffic study. It was done by Thomas -- or Thompson Engineers. So, we got quite a bit of data on both Franklin and on Black Cat. We do plan to put a decel lane in on Black Cat going into the new collector road going northbound. I'm going to hit you with a little bit of data here, just to kind of give an illustration of, you know, what the actual numbers are out there. Right now our traffic study indicated that the peak hours of traffic in that area are from 4:00 o'clock to 6:00 o'clock p.m. Our -- our trip generations for the school will be between 2:00 o'clock and 4:00 o'clock p.m. So, it doesn't really align with the peak traffic generation times, you know, of that area right now. So, that's a good thing. On Black Cat Road right now they are showing a total of 334 vehicles per hour. The road was designed for 690 vehicles per hour for a two lane road. So, well below that in the morning hours and in the p.m. hours the volumes were recorded at 436 vehicles per hour. Again, well below the 690 vehicles per hour that the road is designed for. So, we feel that -- and working with ACHD they all agree that the decel lane going in off of Black Cat is sufficient to accommodate the additional load of traffic. I had similar data for Franklin Road, but it's not as big of a concern as it's all been newly developed already and widened and there is a -- we are proposing right -in, right -out at that drive coming in there. Any other questions in traffic? De Weerd: So, with the -- with the median it -- I assume that's why you have buses only using the -- the Franklin Road. Bierlein: It will be a lot cleaner. We have six buses in the morning and six buses in the afternoon and it will be a lot easier to make sure that we have the proper routes set up for them and they are coming in as a right turn in and a right turn out and in setting up their routes accordingly. If we have parents coming in that way we risk, you know, having parents not following the rules. We all know parents follow the rules most of the time, but there might be a few that don't. And a lot -- additional more traffic coming in to have to deal with right -in, right -outs. So, we said -- De Weerd: I'm sure the charter school parents are much different than public school. Bierlein: They are very well behaved. De Weerd: That primarily will be for the buses? Meridian City Council Meeting Agenda August 7, 2018 — Page 210 of 572 Meridian City Council July 24, 2018 Page 98 of 112 Bierlein: Yes. De Weerd: And the landscaping business maintains their -- their current access point. Bierlein: Correct. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Paul? De Weerd: I think he is already talked about parking. Bernt: I don't know what the big deal is. Geez. But I think I'm okay with reducing the buffer to five feet if it will add more parking. Bierlein: That's a great benefit. Yes. So, that's our plan. De Weerd: That's exactly why he's asking for the reduction. Any other questions for the applicant? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-L. Milam: Second. De Weerd: Thank you. I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0048 with approval of the reduction of the landscaping buffer along the canal to five feet. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Meridian City Council Meeting Agenda August 7, 2018 — Page 211 of 572 Meridian City Council July 24, 2018 Page 99 of 112 Cavener: Madam Mayor. Sorry. De Weerd: Mr. Cavener. Cavener: I appreciated the motion is for five feet. If I heard the applicant it was closer to eight to ten. Is that accurate? I just hate that we -- De Weerd: We have closed the public hearing. Cavener: We already closed the public hearing. So, I guess it's a question for staff. Does staff have -- sorry, Bill. De Weerd: I heard ten to 15. Parsons: Madam Mayor, Members of the Council, that's what I heard, it was about ten or 15, but -- Cavener: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The reason I went with five is because that was the initial word and, then, it wasn't, but there was a sure word and so I went with five to make sure there was space so they didn't have to come back and so, okay, we need seven. Milam: Can we make it as big as possible? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: For what it's worth, I'm not real excited about reducing that buffer to a less than known amount. I would rather that we have a specific amount of that width and, then, once we had that I would be -- I would be more comfortable with approving a reduction, but if there is -- without having an exact number we -- we create a couple of issues here. We have a spot where a fence could be, but now we have got this kind of no man's land of dirt or weeds that are just kind of in existence. I'd rather have the fence and parking and maybe there is more parking for Council Member Bernt, so I'm supportive of the application. I'm -- I'm not supportive of the reduction in the -- in the open space -- or the -- the barrier. I'm tired. I'm sorry. I will shut up. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Do we need to reopen the public hearing to find out? Meridian City Council Meeting Agenda August 7, 2018 — Page 212 of 572 Meridian City Council July 24, 2018 Page 100 of 112 Palmer: Madam Mayor? Or we can vote on the motion -- De Weerd: Mr. Palmer. Palmer: -- and see if three of us think five -- at least five is -- because they don't have to go to five if they don't need to go down to five. Milam: Like I said, as much as possible. Down to -- up five and -- Palmer: Call for the question. De Weerd: Are there any other comments? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, absent; Bernt, yea. De Weerd: Okay. The motion passes. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. M. Approval of AIA G802 Amendment No. 1 to the AIA 113133 Agreement to Rice, Fergus, Miller, Inc. for the "Final Design and Construction Drawings — Fire Station 6" project for a Not -To - Exceed amount of 523,925.00. De Weerd: And so, again, thank you for -- for sticking with us. Item 9-M is under our -- M and N under our Fire Department. Niemeyer: Madam Mayor, Council, good evening. I got you for the next two hours, so let's begin. It seems to be a night of architects. That's what we are going to discuss here with nine, M and N. It happens to be my initials. It's late. De Weerd: So, we had a bunch of architects willing to design the Costco. Niemeyer: The reason I came -- yeah. I'm sure there was plenty of opinions on that. M and N are two items that were on your agenda last week and they were pulled. There was some confusion -- especially over the architectural design and the cost. We pulled back. We met with Keith Watts. Met with the Mayor. Met with Dale Bolthouse. Looking what the city has paid. Looked at what this proposal is as compared to the cost of the project. It is not out of line. It runs about 10.6 percent. I believe Keith Watts did send you an e-mail follow up Friday prior to this meeting. We do have Charlie Butterfield here and our architect Gunnar Gladics, so if you have any architect questions I'm sure an architect would be happy to answer architect questions. Meridian City Council Meeting Agenda August 7, 2018 — Page 213 of 572 Meridian City Council July 24, 2018 Page 101 of 112 De Weerd: Could I ask like when we will have buildable designs, so that we can get this moving forward? Niemeyer: So, the projected timeline to have construction documents is January or February. De Weerd: November. Right? Niemeyer: That's what we have been given is January, February. De Weerd: November. I see the nodding of the heads. Yes. Construction documents. Niemeyer: Perfect. Thank you. Yeah. It's a late night. January, February is the bidding for the subcontractors. So, with that you do have a document that I placed in front of you as well. You will recognize this. I produced for you on June 14th. This was an outline of where we were at to that point, as well as the anticipated movement forward on Station 6, as I committed to each one of you in our one on ones. We are going to increase our communication to you as Council with regards to Station 6, so that it's very transparent, you know where we are going. So, the items highlighted in red -- and after tonight those will be in black and we will just continue to work off this document with updates. So, our update here is for July 24th and you will see that we added clarification in the timelines. The subcontract bidding begins January, February, so construction documents will have November, December. We anticipate breaking ground in February. That's going to be weather dependent, obviously. We are doing our dance, our weather dance to make sure we get a mild winter. So, that will depend on the weather. We do have provisions in here for weather -- Milam: Right now? Niemeyer: -- as part of the overall cost. Right now? Yeah. Agreed. The other thing we are doing that the Mayor is aware of is we are working with Public Works and their project management team laying out once this construction gets started how we are going to team together with Public Works on the -- on the project management side of it. You have ESI, which is -- which is we are requesting to the BR -- CMGC, our construction manager general contractor. You also have to have an internal project manager and so Charlie will be taking on some of those tasks and we are working with Dale and his staff to also get some help there. So, that's in the process. We will have that ready to go as soon as we break ground. The third page is the layout of anticipated cost. We -- we discussed that with you in our one on ones and what that anticipated cost is. This station has decreased in size. We started off in about 12,500 square feet was the original concept before we started getting bids with the cost of construction we cut some things out that we would have liked to have had, but they were like to haves and not must haves for the station. The things that we cut out -- community room. We talked about that months ago. We would have liked to have had a community room, a place for that local neighborhood gathering type -- type situation, a place for CPR classes in the south. We had to cut that because of square footage concerns. We cut Meridian City Council Meeting Agenda August 7, 2018 — Page 214 of 572 Meridian City Council July 24, 2018 Page 102 of 112 our third bay out of it due to square footage concerns. However, we built the design concept of this station with the future in mind, meaning there is places where you can add. We don't have that at any of our other stations. It was never considered to expand them. This is being designed with expansion in mind. So, that's already kind of being pre -drawn into the plans. So if and when the next generation gets to that point and there is some fire chief standing before the future council talking about the need to expand, they will have the plan in place already. So, that is the layout of the cost. With that I will stand for any questions. What we are requesting tonight -- and, again, Keith Watts sent an e-mail to this as well -- is we are requesting approval of the agreement with Rice Fergus Miller, which is Item M and, then, the agreement with ESI, which is Item N. So, with that I would stand for any questions. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know, chief, you sent us a memo this morning that references Keith Watts' e-mail that you have talked about a couple times. Maybe I'm the only one that didn't receive it, but I didn't receive it, so -- and I'm trying to do a quick pulse check with a couple council members here. It doesn't sound like they may not have received it either. Milam: On Friday? Cavener: So -- Niemeyer: That would have been Thursday or Friday. Charlie? Friday. Uh-huh. Cavener: Madam Mayor. I -- when I received this e-mail this morning I went to go look for that and, again, I'm not saying that we all didn't receive it, I'm just saying that it -- it never landed into my inbox. Niemeyer: Okay. De Weerd: Okay. It was sent to myself, Joe and Todd. Niemeyer: Okay. I don't have it in my inbox. I don't know if that can be forwarded or not. Essentially it was -- Keith's e-mail mirrored what I just talked about as far as the percentage with the architectural firm for architectural design. De Weerd: Any other questions? Any other questions. Palmer: Well, everybody's looking at me, I guess I must be the liaison of this department or something. This thing is expensive. Does it still have slanted roofs and Meridian City Council Meeting Agenda August 7, 2018 — Page 215 of 572 Meridian City Council July 24, 2018 Page 103 of 112 special cut glass to fit the slanted roof and -- you're sure we have gotten -- we have cut out anything that we could possibly -- I mean just -- Niemeyer: As a reminder to Council, I mean at some point the cost is the cost. The cost of construction right now is through the roof. We started at 7.9 million. Chief Butterfield has been working diligently and -- and has dropped it down to 6.3. So, we cut everything out that we possibly could that -- again, if I had it my way we would have a third bay. We just simply can't right now due to the cost. So -- so we have tried to reduce this down to the bare minimum to support that station. Palmer: Madam Mayor? I mean it's gorgeous. It looks awfully similar to renderings of a Costco. De Weerd: No. Palmer: Exterior metal, brick, and whatnot. We need to get this thing built. So, I move -- what do we need here? To just approve what's requested? De Weerd: We need to approve M and, then, after that -- Palmer: Oh, there it is. Okay. sTaTiyr=2 0wem, 11 Palmer: One at a time? De Weerd: Yes, please. Palmer: I move we approve the amended number one to the agreement for the final design and construction drawings for Fire Station 6, not to exceed 523,925 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: These are these uncomfortable conversations so why I don't like being on the City Council sometimes. I have really struggled. As the chief knows. Chief and I have had some very robust conversations about this station and it's very challenging for me, because I think a year ago I was the biggest cheerleader for us moving forward and, unfortunately, I'm on the other side of the -- the pendulum on that today. I have some significant concerns about the shepherding of this project and what the City Council has been told when the bouncing ball has changed that we have not been properly updated. Meridian City Council Meeting Agenda August 7, 2018 — Page 216 of 572 Meridian City Council July 24, 2018 Page 104 of 112 I appreciate the chief's willingness to be more transparent. Being very frank it's a little too late for me. This in no way reflects what -- I think the great work Charlie Butterfield is doing, but we had a Council Member a year ago that chose not to support a budget amendment because he had some significant challenges with the project and we were assured at that time that those challenges would be overcome and that we would be moving forward and that hasn't happened. Instead, we are further behind and this project is grossly over budget from what we were initially told. I appreciate what the chief says, the cost is the cost, but this is a cost that I am not supportive of at it this time. So, it's not a motion that I will be supporting. I really would encourage this Council to take a second look, have some new conversations, put together a true plan for how this is going to be communicated to us and begin again. Bernt: Madam Mayor? blaylkyl i4MAN 5 iH Bernt: I would echo what Council Member Cavener has said and just -- we just need to get this going. I mean we need to get going. It's so far behind schedule and it's taken so long, it's -- it's interesting as I go out in the public and I speak to people -- people are bugged by this. There is a lot of people who are bugged by it and -- and I wasn't in those discussions a year ago, so I can't comment on what was said and what wasn't said, but I can -- we just need to get it going. We need to get it going as quick as possible. I don't know if I'm necessarily willing to just stop it in its tracks. I think we need a Station 6 there. We just need it -- we needed a Station 6 there like -- it should have been started construction months ago, so -- just -- those are my comments. De Weerd: I think we have a chief and a deputy chief, acting, that are fire -- their expertise is in fire and in an effort to minimize costs, they didn't go the project management route, which was suggested and they wanted to save money. They have been managing it in -- in a time where they are short staffed and they have had all kinds of things happen in their day jobs that they are the subject experts at. I think we could talk to Lieutenant Leslie about how to do your regular job and, then, try and do a construction project at the same time. It's very difficult and it does extend timelines. Right now we do have Brad and Vince looking at how we can do AIA contracts better, more efficient, and put together a process for some of these departments whose jobs really aren't construction, they are just part of the growth element. So, I -- I think that with the -- the pressures of the environment out in the world of construction and design that's added to it and it's been a combination of things. It's -- it is what it is right now and we need to get this project moving forward. To posture with comments right now isn't going to get us this -- this station built. We can delay it further if that's the desire, but we need to get these contracts signed and -- and -- where we can and maybe our architect sitting there can hear this as where we can we need to save time and certainly talking to ESI and getting this contract on the agenda and he turned it around pretty quickly. But there is a willingness there, too, to figure out how to get it sooner is -- or get some -- some urgency to this. Meridian City Council Meeting Agenda August 7, 2018 — Page 217 of 572 Meridian City Council July 24, 2018 Page 105 of 112 Palmer: Madam Mayor? Cavener: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Twice tonight I'm voting against my own motion, but Councilman Cavener is right, I mean the -- every -- the building is gorgeous, but I think that's a problem. We can't afford gorgeous. I mean, yeah, the money is in the bank, but it takes all of it. There has got to be -- I would always bring up the standard roof is -- if we didn't do a -- I mean we have the architect here. If we didn't do the slanted roof, if we just -- is there a cheaper way? Is that an expensive component? Gladics: Madam Mayor, Council Members, I wouldn't want to speak completely to the cost, I will let ESI do that if -- if that's needed, but there are probably some things with different products that we can do and we are working towards solutions. You know, we -- we do -- it's a basic masonry bearing wall construction. Square openings for windows. Just the slanted roof, so that we can get the height for the apparatus bay and, then, provide a screening area for the mechanical equipment. It's basically trying to just create an integrated simple shape. It's a pretty square CMU building. From a cost standpoint we are working on a project with Twin Falls that they are seeing very similar costs for some bond planning that they are doing right now as well and, again, very simple. So, it seems that the number in that range is -- is pretty close to what everybody else is seeing and I think from some of the other -- the Boise stations and some of the other stations in the state we have seen they are pretty close to that same cost. It's -- it's hard to -- a lot of the -- the complex equipment -- it's a lot of stuff in the concrete. There is heavy equipment, there is diesel exhaust systems, there is rating systems, there is all kinds of stuff that you don't find in your regular garage -type building that you find in these buildings. But we are working towards cutting everything that we can out to make the cost go down. Bernt: Madam Mayor? Cavener: Madam Mayor? De Weerd: Mr. Bernt. Bernt: You know, I agree cost is very important. I -- you know, but more important to me right now, above and beyond cost, is just getting this thing done and going -- I think - - in my opinion we are married to this, you know, whether it's good, bad, or ugly, you know, something that we -- so, I know we have had personnel hired, you know, for this - - you know, for a long, long time. So, we just need to get it going. De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 7, 2018 — Page 218 of 572 Meridian City Council July 24, 2018 Page 106 of 112 Cavener: I think it's important enough -- it's late at night, I think it's important to correct the record. I don't think there is any posturing that's going on here and to Council Member Bernt's comments, I have seen councils -- and they say, oh, we have already -- we have already made these decisions, we have already invested time, we have already allocated dollars, so we just need to go with it just to get it done and I would argue that we as a Council have a role to be a stopgap and to say is this appropriate right now. Council Member Bernt, you are correct, we allocated dollars to hire 12 people based on information that was shared to us. Information that wasn't accurate. And our -- it's my opinion that we are throwing bad money after good and I thing we as a Council need to take a stop, to take a step back, look at this project -- one, look at the appropriate parties that are shepherding this project and making sure that we have the right people in charge in looking at that, because I really have concerns about the information that's been shared with me -- more with the lack of information that has been shared with us for the Council. How we can be 17 months behind and one and a half million dollars over budget on this project and us find out about it a month ago to me is Ludacris and it's disappointing and I'm very upset about it and so I can't support moving forward, because I don't know what other ball is going to drop and when we are going to be informed about it. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: So, Councilman Cavener, so you're -- just to make -- so you're not in favor of this project at all? You're like dunzo? Cavener: Madam Mayor? Mr. Bernt, no, that's not accurate. If you go back a year ago I was -- Bernt: I'm talking about now. Cavener: -- the biggest cheerleader for this project. I believe that we need Station 6, we need Station 6 desperately, but I don't feel comfortable supporting the items that are before us today until we have had a much larger discussion about the project, about who is shepherding it, and about how information is truly going to be conveyed to Council. I appreciate the commitments from the department they are going to be more transparent and more forthright, great, should have happened a year ago and until I have a better understanding as to what that plan looks like, I'm not prepared to spend dollars. We have zero purview over operations, but operations have gotten in the way and now we are being asked to spend dollars and so I'm using my authority of overseeing the city budget to say no until the commitments that have been made to us and commitments that have been shared time and time again are actually followed through. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 7, 2018 — Page 219 of 572 Meridian City Council July 24, 2018 Page 107 of 112 De Weerd: Mr. Palmer. Palmer: Rather than vote no on my own motion twice in a night, withdraw it instead. De Weerd: Okay. So, is there a motion for Item 9-M? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we deny Item 9-M. Palmer: Second. De Weerd: So, I guess to Mr. Bernt's question, are we tossing out what -- what has been done to -- to date? I'm not sure what this is going to accomplish. If -- if Council has a question as to the process of moving forward, I -- I think that's probably a more appropriate question and that the chief can bring back what specifically the project manager from Public Works is bringing to it, the commitment from Charlie's time and -- and there is always also the -- the aspect of hiring the project manager at an additional cost from the outside, so -- but delaying the contract for both the architect and the CMGC I don't think get us anywhere other than further and further behind. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree and I -- and I -- and I agree with Councilman Cavener largely about how this whole project has gone and I have showed my disappointment. However, I don't think that not approving this is going to move us down the road towards Fire Station 6. This is something we need anyway and you need to -- if you want more transparency, then, we need to ask for more transparency, which -- Cavener: We have. Milam: -- we are doing and, hopefully, maybe next time they will e-mail all of us the document and not just one or two people. So -- anyway. Shall we vote? De Weerd: I don't think Keith Watts intended it to -- to be a lack of transparency and -- and the chief thought he sent it to everyone, so he didn't know that. Milam: And I'm not saying this personal -- Cavener: Madam Mayor? De Weerd: But we do have a motion -- yes. Meridian City Council Meeting Agenda August 7, 2018 — Page 220 of 572 Meridian City Council July 24, 2018 Page 108 of 112 Cavener: My motion has nothing to do with Keith Watts or anything along those lines. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, nay; Cavener, yea; Palmer, yea; Little Roberts, absent; Bernt, nay. De Weerd: I vote no. MOTION FAILED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR NAY. De Weerd: We do need approval of this -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I mean, obviously, this is causing a lot of heartburn up here. 11:30 at night and missing a third of our Council. Will it hurt to wait until we have got the other third back and have time to digest even more? De Weerd: We are not delaying it a week, we are delaying it actually to the -- Milam: The 11th. De Weerd: -- 21 st. Coles: Madam Mayor? August 14th is the workshop -- before the 21 st. Cavener: We could add this to the 7th agenda, too. De Weerd: It's three weeks. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve Item 9-M. Milam: Second. De Weerd: I have a motion and a second. Any further discussion? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, absent; Bernt, yea. Meridian City Council Meeting Agenda August 7, 2018 — Page 221 of 572 Meridian City Council July 24, 2018 Page 109 of 112 De Weerd: Okay. I will vote aye. MOTION CARRIED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR AYE. N. Award of RFQ #FD -1809-10770.A and Approval of AIAA133 Agreement to ESI for the "CMGC Services — Fire Station 6" project for a Not -To -Exceed amount of 4.75% of the cost of construction De Weerd: Item 9-N on the CMGC. Chief, anything you want to comment on on that? Okay. Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Item 9-N. Bernt: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk. Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, absent; Bernt, yea. De Weerd: I will vote aye. MOTION CARRIED: TWO AYES. TWO NAYS. TWO ABSENT. MAYOR AYE. Item 10: Department Reports A. Public Safety Quarterly Level of Service Report De Weerd: Thank you for sticking with us until almost tomorrow. Department Reports. Chief. Niemeyer: So, I will continue this on. This is the quarterly public safety report. I will present first and, then, Lieutenant Leslie is going to present as well from PD. Where we have been asked to present to you any anomalies over the last quarter. So, I want to hit just a couple of issues. Current staffing levels, to update you on our current staffing levels, we have had five retirements, which means we have five vacancies at the firefighter level. Fortunately, we had some extra staffing right now, so it's not creating a crisis for us. Normally under normal circumstances this would create the crisis. I have discussed with all of you in our one on ones the plan for our upcoming development programs, as well as the testing that's going to occur in the spring to get the appropriate Meridian City Council Meeting Agenda August 7, 2018 — Page 222 of 572 Meridian City Council July 24, 2018 Page 110 of 112 staffing levels for a captain and engineer. As you recall we didn't have enough folks take the test or pass, so we are going through that process again. We will put on the development programs in the fall and winter. We post the exam 90 days in advance. That's the contract. We will, then, test and, then, we will -- that takes about a month and, then, we will get those ranks fulfilled. Quarterly overtime, just to give you an update there. We had the retirement of Chief Scholl. That created a vacancy in the battalion chief level. That creates quite a bit of overtime. It's the highest rank -- highest paid rank within our nonsalaried individuals. We did put on a test. We promoted Tyler Rountree as you know. So, that has filled that hole. As we discussed already, what we don't have is qualified swing ups and we know that there is negotiations taking place, et cetera. So, we are working on that. We believe a working out of class program helps, et cetera, so we are working on that. We believe we have a class program to help solve that, but that's part of negotiations. I can't speak anything more to that until it's agreed upon. Over the last quarter we had some pretty significant responses that affected our personnel. The Mayor and I had this conversation with regards to mental health and mental health training awareness. You all recall the 1-84 semi -car accident in which we had three fatalities. I'm not going to go into details on what our crews saw or dealt with, but it was pretty horrific and so we made sure we touch base with every crew member after that -- kept touching base to make sure that they had the resources they need. Then an officer -involved shooting that -- it certainly puts stress on our Police Department. Also puts stress on our firefighters as they respond out to those, knowing that we had an officer -involved. We did have a murder -suicide this past quarter. Again, that's an added stressor to our personnel. We had a south Meridian structure fire that was pretty intense. Pretty extensive. We involved mutual aid partners from Nampa and Kuna and that fire. We had two North Meridian fires, one resulted in a mayday with a four by eight sheet of sheetrock coming down on one of our firefighter's head as you were made aware of. Fortunately he is out of the hospital -- treated and released out of the hospital and now he is back in the line. So, doing well there. But, nonetheless, added some increased stressors. The reason I bring this up is that there is a gap right now, which you may have heard of in the news. Chief Doan has -- has done a couple of interviews on it. PTSD -- diagnosed PTSD. I want to be very clear on this. Diagnosed PTSD by a clinical psychologist in first responders is not covered under workmen's comp. It is not a covered illness. I have done this job 25 plus years now. I have seen my fair share and I know that there are -- there are serious concerns over mental health in responders. Some of us do well, some of us don't, and that's not a reflection on the individual, it's just how we cope with things. We treat broken arms. We treat broken legs. We cover broken arms. We cover broken legs. A broken mind we don't yet cover. So, that is something that we are working on with a broad coalition to include the police chief's, the sheriffs association, the Idaho Fire Chiefs Association to have a discussion at the state level on PTSD coverage, clinically diagnosed, for work comp and so that's something you may hear about. I wanted you to be aware that that's something in discussions right now on the boots at the ground level. As we have discussed, our plan is to staff Engine 36 June 21st. As we met one on one and had those discussions, that coincides with the completion of our testing process. We currently don't have enough qualified candidates at -- at captain and engineer, as we discussed, to do that. That is an issue that we have all discussed. We have plans for. We are putting on another Meridian City Council Meeting Agenda August 7, 2018 — Page 223 of 572 Meridian City Council July 24, 2018 Page 111 of 112 test. President Rountree is doing his part to work with the labor group to get them to take those tests and so we are working together with labor to get that done. The deputy chief of operations vacancy -- as you know, that's been vacant for about two months with David Jones leaving. Charlie has been named the interim opps chief, along with his planning chief duties and Station 6 project management. We are in our second process of advertisement and posting. So, we are going through a second round of interviews once we get enough applications. To date I have one and it's been open for two weeks. I have talked to other chiefs who have opps chief openings in the northwest from Washington to Oregon and in those departments I contacted those chiefs, they are having very similar issues getting qualified candidates to apply. So, we are going to go another two weeks, see what kind of candidate pool we get and keep moving forward. The last issue I have to update you on is a follow up. We discussed awhile back harassment training. This was a result of an arbitration hearing. I am here to report to you that we have been working with HR and ICRMP on this issue. We have training Thursday, Friday and Monday. So, we are covering all three shifts. The chiefs will be in attendance. ICRMP is leading the training. HR is, then, chiming in with their piece and, then, administration is chiming in with their piece. So, just a wrap up on that issue that harassment training is going on. Working with Crystal, she plans on, then, running that out citywide. It's about a two hour class -- classroom training. So, that's a brief update on where we are at over the last quarter and where we are going. I would certainly stand for any questions. De Weerd: Thank you, chief. Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: What do we do if you don't have anymore applicants? Niemeyer: Well, the contract calls for a process, so we have to put on a test. If we don't get enough qualified applicants we have to put on a second test. If after that we don't have enough qualified applicants we open it up to the outside. Bernt: I'm talking about your deputy chief. Niemeyer: Oh. That one. We are developing a Plan B. It's something that I haven't had a chance to talk with the Mayor about, but I have been developing Plan B if we don't get qualified applicants. Bernt: Madam Mayor, follow up. I just -- I just heard you list all of the responsibilities that the deputy chief has and that's a lot on his plate. Niemeyer: Yes. Meridian City Council Meeting Agenda August 7, 2018 — Page 224 of 572 Meridian City Council July 24, 2018 Page 112 of 112 Bernt: I don't know how long that he can do all of those things effectively, so whatever we can do to help you in that -- in that situation just know that we are here to help any way possible. Niemeyer: We are working on Plan B. Bernt: ASAP. Niemeyer: Yeah. De Weerd: Okay. Anything further? Lieutenant. Leslie: Madam Mayor, City Council, the chief -- actually, I volunteered to do this for him, because he -- De Weerd: Wow. Leslie: -- seen the agenda -- I mean he's like you're going to be there a while. He was right. So, first off, I will start with Officer Mikowski. He's progressing well. We anticipate seeing him back probably mid August for some light duty functions and I'm not sure yet on his full recovery and when he will be back, but we do expect that. He seems to be doing well. He's lost the cane. He's walking without that now, so that is good. So, we are excited to hear that. Along the personnel we have eight officers currently in -- in field training. Actually two are in field training, six are in our advanced academy. We have four current openings and testing again in August to try to fill those four openings. So, we are progressing well on that as well. We have been pretty busy the last three or four months with the CITS. A lot of our overtime has been spent on those responses guarding people in the jail -- or at the hospital until they go to the jail. We had the vehicular homicide the other night that staff -- it took quite a bit of staffing to handle that as well. That's been pretty much taking up all of our time. We have a critical stress debrief that chief talked a little bit about PTSD and so after the critical incidents involving our officers and the shootings we do bring them together with a peer support group or partner with the Boise Police Department to help with that. So, you bring in an outside peer support group to assist us with a walkthrough on that to help cope through those -- those times and that debrief involves everybody from the dispatcher to the -- to the fire personnel to the EMS personnel to the officers that are out on scene during that incident. So, it's just not law enforcement functions, it's all of the first responders. The building project that we were working on, the architect design for the scenario village is finally legal for the contract approval that's been -- we have been struggling with that a little bit with the vendor. As you know, we only had one vendor put in for that. That kind of echoes the problem that the fire department experiences, too, with building. The way the economy is there is not a lot of -- not a lot of vendors out there willing to bid stuff, so we struggle with that one and it's a small project in scale what they are doing, but we anticipate that to start moving. Once we get that agree -- agreement signed that will be about a four month process to get us some estimations on what it would look like to build a scenario village. So, that's kind of the timeline on Meridian City Council Meeting Agenda August 7, 2018 — Page 225 of 572 Meridian City Council July 24, 2018 Page 113 of 112 that at this point. And that pretty much covers what I had. Do you guys have any questions? De Weerd: Any questions for Lieutenant Leslie? Leslie: Thanks, guys. Item 11: Future Meeting Topics De Weerd: Okay. Item 11. Any future meeting topics? Just a reminder the Town Hall tomorrow at the Boys and Girls Club at 6:30. Concerts on Broadway, Saturday. It also starts at 6:30 with High Street -- High Street Party and the salmon barbecue on -- on August 3rd. So, with that -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Milam: Second. De Weerd: All those in favor? MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 11:40 P.M. 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