HomeMy WebLinkAbout2019-01-22Meridian City Council January 22, 2019.
A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, January
22, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis
Milam, Anne Little Roberts and Treg Bernt.
Also present: C.Jay Coles, Bill Nary, Caleb Hood, Sonya Allen, Warren Stewart, Jeff
Lavey, Shawn Harper, Joe Bongiorno, Emily Kane, Steve Siddoway, Mike Barton and
Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X_ Mayor Tammy de Weerd
De Weerd: Okay. Good evening. I would like to thank you all for joining us here. For
the record it is -- that was great timing. For the record this is Tuesday, January 22nd. It's
a minute after 6:00. We will start with roll call attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: 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 Tim Pusey of Valley Shepherd Church of the
Nazarene
De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Tim
Pusey with the Valley Shepherd Church of the Nazarene. If you will all join us in the
community invocation or take this as an opportunity for a moment of reflection. Tha nk
you for joining us.
Pusey: Thank you, Mayor. Heavenly Father, we thank you tonight for the freedoms we
have as citizens of this great country and we thank you for our city and for the many many
ways in which you have blessed the City of Meridian and we thank you for our leaders,
those who service us, city councilmen and women and -- and for our Mayor and for -- for
the many servants of this city who keep our streets safe and -- and our homes secure.
Lord, we pray your blessing on them and, Lord, we are reminded in your word that you
instruct us that if we want wisdom we are to turn to you and so tonight in these -- this brief
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moment at the beginning of this meeting we -- we turn to you and we seek your wisdom
and guidance. I pray, Lord, for your wisdom for our Council and any and all of the
deliberations that they are doing. And, Lord, may they have calm minds and hearts as
they debate significant, important issues for our community and, Lord, may we always be
mindful of the less fortunate in our community who so much need acts of love and
kindness. We pray, Father, for your blessing upon this meeting tonight and upon this
community and -- tonight and in the days ahead. In your name we pray, amen.
Item 4: Adoption of Agenda
De Weerd: Thank you. Item 4 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We have two items from the Consent that are going to be moved to Item 7. We
will be pulling Item E -- 6-E and 6-L from the Consent and move them to Item 7. So, with
those amendments I would move that we adopt the agenda.
Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda as read. All those in favor
say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Mr. Clerk, any sign-ups under Item 5?
Coles: Thank you, Madam Mayor. One sign up. It looks like Andy Seal signed up, but I
believe he is here for an item later on your agenda , which is Item 8-A.
De Weerd: He is.
Coles: So, that was the only sign-up this evening.
Item 6: Consent Agenda [Action Item] Approved as noted
A. Approve Minutes of January 8, 2019, City Council Workshop
Meeting
B. Forty-Three North Subdivision Sanitary Sewer & Water Main
Easement
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C. Impressive East Ridge Subdivision Water Main Easement
D. Impressive East Ridge Subdivision Sanitary Sewer & Water
Main Easement
F. Final Plat for Paramount Director No. 2 (H-2018-0137) by
Brighton Development, Inc., Located on the SW corner of E .
Chinden Blvd. and N. Meridian Rd.
G. Final Plat for Verado No. 3 Subdivision (H-2018-0138) by DevCo
Development, LLC, Located on the SW corner of the
intersection at N. Locust Grove Rd. and E . Ustick Rd.
H. Final Plat for Vicenza Valley No. 2 (H-2018-0140) by Cottonwood
Development, LLC, Located East of N. Black Cat Rd. and North
of W. Gondola Dr.
I. Modified Final Plat for Little Creek No. 1 (H-2018-0136) by Little
Creek Partners, LLC, Located on the E side of N. Locust Grove
Rd. on the S side of E . Wilson Ln.
J. Development Agreement for Owyhee High School (H-2018-0075)
with Joint School District No. 2 located at 7020 W. Ustick Rd., in
the east 1/2 of Section 32, Township 4N., Range 1W
K. Development Agreement Owyhee High School (H-2018-0075)
with Robert G. Spriggel located at 7020 W. Ustick Rd., in the east
1/2 of Section 32, Township 4N., Range 1W
M. Acceptance Agreements for Display of Artwork in Initial Point
Gallery
1. Bonnie Alexander, February 2019
2. Kerri Silvernell, July 2019
3. Patricia Gibbons, September 2019
4. Chi E Shenam Westin, August 2019
N. Award of RFQ and Approval of AIA Agreement to Insight
Architects for “ Homecourt Renovation Design Services” for a
Not-To -Exceed\ amount $42,350.00
O. Award of RFQ and Approval of AIA Agreement to Kreizenbeck
Constructors for “Homecourt Renovation Construction
Management Services” for a Not-To -Exceed fee of 5.25% of all
direct costs and reimbursables within the approved budget.
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P. AP Invoices for Payment 1/23/19- $784,962.68
De Weerd: Okay. Thank you very much. Okay. Item 6 is our Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: With Item 6-E and L having been removed, I move that we approve the Consent
Agenda, for the Mayor to sign and the Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no
discussion, Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved From The Consent Agenda [Action Item]
A. Final Plat for Caven Ridge Estates East No. 3 (H-2018-0132) by
JUB Engineers, Located between S . Meridian Rd. and S .
Standing Timber Way, South of E . Victory Rd.
De Weerd: There were no items moved from the Consent Agenda and before we move
to Item 8 --
Coles: Madam Mayor --
Borton: There were two.
Coles: -- there were two.
De Weerd: I'm sorry. There were two. I know. I have --
Milam: Autopilot?
De Weerd: Yes. Autopilot. Okay. Who do I turn this over to?
Coles: I believe Ms. Allen will address --
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De Weerd: Okay.
Coles: -- the final plat.
De Weerd: Sonya, if you can kick us off in the -- in the discussion of Items 6-E.
Allen: Thank you, Madam Mayor, Members of the Council. Caven Ridge Estates East
No. 3, the applicant brought up a concern here just a couple hours ago that needed to be
addressed in the staff report, so I revised it to just add a couple tweaks to it and the
applicant did submit a response in agreement to the revised staff report. So, unless you
want me to go into the -- the final plat I can -- I can do that if you would like, but, otherwise,
the applicant is in agreement.
De Weerd: Council, would you like further information?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just kind of a quick summary of what was the concern and what was the fix.
Allen: The concern was -- is there is a buildable lot in the final plat that the applicant
wishes to have as a developer owned private park slash open space. I added a condition
of approval. The applicant was concerned that the amount of buildable lots would throw
them over the number of buildable lots approved with the preliminary pla t, because they
added this -- this lot. We did speak with the applicant -- staff did a while back about this
very thing and determined that we would handle it kind of like a common lot, but it wouldn't
count towards their buildable residential lots. So, I did include a condition in the staff
report -- or a note to be added to the plat that this particular lot be prohibited from having
a single family residential home on it, so that they wouldn't exceed their number of
buildable lots.
De Weerd: Okay. Any further information needed on this item? If not, do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we approve Item 7-A, now the final plat for Caven Ridge Estates, H-
2018-0132, to reflect the modified staff report as referenced by staff.
Cavener: Second.
De Weerd: I have a motion and a second to approve the original items 6-E. If there is no
discussion, Mr. Clerk, will you call roll.
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Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Subrecipient Agreements for Program Year 2018 Community
Development Block Grant Funds
1. Ada County Housing Authority Agreement not to Exceed
$30,000
2. Boys & Girls Clubs of Ada County Agreement Not to Exceed
$13,000
3. Jesse Tree of Idaho Agreement Not to Exceed $10,000
4. Meridian Food Bank Agreement Not to Exceed $30,000
5. Meridian Library District Agreement Not to Exceed $77,970
6. Public Works Department Agreement Not to Exceed $61,178
De Weerd: Okay. Also moved from the Consent Agenda was Item 6-L.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, forgive me while I try to muddle through some comments here.
I have got a nasty cold and it is really affecting my ability to think and speak and walk
straight. I can drive okay though. The reason I asked for this to be remove d from the
Consent Agenda is just for -- for Item No. 1 on the sub recipient agreement list, the Ada
County Housing Authority Agreement for 30,000 dollars. The purpose of this 30,000
dollars is to provide funds for people who don't have them for downpayment assistance
to purchase a home. I feel that the practice of providing cash for a down payment for a
home purchase is immoral as it can put people who haven't prepared sufficiently or not in
a position to be able to purchase a home into a situation where -- the idea of a home can
be exciting and it is a goal worthy of attaining and working towards , but it can turn what
would be believed to be a blessing into a curse, making it so that people can be
overextended and get into a situation that they might not -- probably shouldn't have gotten
into by, again, not preparing sufficiently or being in a position to be able to afford a home.
So, whether it's tax dollars or not, whether -- even if it's people privately doing it -- I live in
a world of loaning money to the people who have struggled financially and we found time
and time again that when dad, mom, brother, sister, cousin loans or gives money to
somebody for their down payment for their car, that alone is almost entirely doomed to
fail, because there is no sense of ownership, there is no preparation that took place for
that person to -- to secure their own down payment and it just doesn't work and so rather
than take our citizens' dollars and give them to other people who -- who aren't in a position
to be able to handle what they are going to be doing with it I think isn't the right move, but
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I would love to see this money moved instead into a streetlight project that has been a
success with -- with much of these dollars over the years. I may be alone up here. If
that's the case that's fine, but I would really rather not see these funds go to that.
De Weerd: Thank you, Mr. Palmer. Mr. Hood or Mr. Nary, I believe that there are certain
criteria that dollars are to be allocated towards with this -- and a plan that's been approved.
Is there concern to removing this and reallocating it?
Hood: Well, Madam Mayor -- excuse me. My concern would be is the -- is the action
plan that's been adopted by you all and now by HUD and this is really ratifying that -- the
previous decision. What Mr. Palmer brings up certainly is possible, although, again, this
has been already vetted through the public hearing process and -- and the sub recipients
have been put on notice that -- to expect to receive these funds. Again, this is kind of the
point of no return. So, there is a -- but that process, again, if we were going to do street
lights, additional street lights, that should have been the motion when we were coming up
with the action plan and allocating dollars. But, again, it's not too late to do that if that is
what a majority of Council wants to do. It's possible. But, again, all -- all things up to this
point have been pointing towards the allocation that you can see on your agenda tonight.
Palmer: Madam Mayor?
De Weerd: Thank you. Mr. Palmer.
Palmer: And I believe that -- that we are not here symbolically, but we are here with a
decision in front of us, because it's never too late to make the right choice and so while it
may cause heartburn or -- or extra work, I -- just like I will not vote for a tax increase no
matter how many times it ends up on the agenda and how many times it still gets a
majority, if it still ends up on my agenda I'm still going to vote against it. So, that's why I
brought it up here again today.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I believe that the program exists for a reason and it helps people who are -- have
been maybe struggling or they can't come up with an entire -- the whole down payment.
I don't look at this as a handout, but a hand up, and certainly it's not enough funds to give
many people an entire downpayment. If they were going to not be able to, you know, pay
the loan back they wouldn't qualify for the loan from the bank. So, I look at it different.
Palmer: Madam Mayor?
De Weerd: Okay. Are there any other comments before I call Mr. Palmer? Mrs. Little
Roberts.
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Little Roberts: Madam Mayor, Caleb, if you don't mind answering a question. Did I
understand you right that the families have already been selected and vetted out? Okay.
But there is quite a vetting process before it gets to that; correct?
Hood: Sure. Madam Mayor, if I could just clarify what -- I'm talking about the sub
recipient. So, the people that are actually going to be managing the grant have been led
to believe they are getting 30,000 dollars to, then, distribute to families that qualify. But,
no, the families -- they are in the process of identifying those and moving forward with
spending, but I don't believe they have spent any of these funds ahead of -- ahead of
tonight.
Little Roberts: Thank you. Madam Mayor, follow up. One of the things we keep hearing
is that our housing prices, because we are doing so well, is -- are going up and we are
squeezing the people that need this type of assistance out and so I agree with Councilman
Milam that it's a help up, not a hand out and would like to see us go ahead.
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. And to those points, I look at credit reports every day and so
many of them will be people who are in a position to -- to, you know, fill out enough forms
to get enough grants for your down payment. You get, you know, not enough certainly,
being a single -- one family selected to receive some money out of this program, but ,
then, you have got another forum, you got Idaho Housing to give you a loan on your down
payment. So, then, you're borrowing on a down payment, so you have got two payments
and, then, somebody else -- and somebody else goes in and -- and that stuff doesn't go
away in a foreclosure. The bank might still approve it, because they got enough money
in a down to know that if they have to foreclose and sell the house that they are going to
get their money back. So, that's why they get approved, but at the end of the day, even
in a foreclosure, all those others loans, which I understand this is not that case that they
had to get for their down payment, those don't go away and those become what shows
up in the credit report, what turns into judgments, what turns into garnishments, which
turns into having to get a car loan from me at 30 percent interest, which is not a good
position to be in. So, I -- even -- I don't want to be up here for some people to have to be
in a position to have to come to me to get a car loan is what I'm trying to say I guess. So,
it sounds like I'm probably alone, but that's fine. I just will be able to sleep at night knowing
that I wasn't part of it.
De Weerd: Okay. Any other comments?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just to not have silence imply any agreement, I do disagree. I -- I appreciate and
understand the background that you're coming from, but I strongly disagree that it would
be immoral to provide financial assistance and to judge the program in how the Housing
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Authority administers it without speaking to the individual recipients and -- and what they
go through and how it's specifically vetted. I'm not saying some of your conclusions are
wrong, but I certainly can't say they are right without having that type of background data,
but I'm aware of this program and how it is more thoroughly vetted than perhaps you may
believe and -- and is about as far from immoral as -- as you could get for these families
who are trying to make ends meet. So, I'm supportive of it. It's consistent with our existing
plan and perhaps a broader discussion on some of your concerns can be had later.
De Weerd: Okay. Anything further? We do need to take action on this.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Move we approve Item 7-B, subrecipient agreement for program year 2018 for
the CDBG fund.
Milam: Second.
De Weerd: I have a motion and a second to approve the original 6-L to 7-B. Any
discussion? Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE NAY.
Item 8: Community Items/Presentations
A. Resolution No. 19-2125: A Resolution Of The Mayor And The
City Council Of The City Of Meridian, Reappointing Rhonda
McCarvel To Seat 1 And Appointing Andrew Seal To Seat 3 And
Appointing Reid Olson To Seat 4 Of The Meridian Planning &
Zoning Commission; And Providing An Effective Date [Action
Item]
De Weerd: I would like to welcome our Cub Scouts or Boy Scouts in the audience. We
always love to see our scouts earning their -- their communication badge. Very good.
Well, thank you for joining us and good luck. Item 8-A under Community Presentations
we have Resolution 19-2125. This resolution is to reappoint Rhonda McCarvel to Seat
One. To appoint Andy Seal to Seat Three and Reid Olson to Seat 4 of the Meridian
Planning and Zoning Commission and it does provide an effective date. Our chair of the
Planning and Zoning Commission -- Jessica and I conducted interviews and are proud to
bring these names in front of you this evening and would stand for any questions. I do
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have at least one of the two new ones here and I will ask him to come forward and I will
introduce him to you, but I would stand for any questions. If there aren't any questions, I
would entertain a motion.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move we approve Resolution No. 19-2125.
Bernt: Second.
De Weerd: I have a motion and a second to approve Item 8-A. If there is no questions,
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Council. And we do have Andy Seal with us this evening. Andy,
would you like to introduce yourself up here at the podium. We certainly appreciate your
willingness to -- to delve into the world of planning and zoning and -- and your desire to
serve our community.
Seal: Well, thank you very much. I appreciate being brought on board and hope to do
great things and see the city continue to prosper and grow and, hopefully, we can get a
handle on, you know, everything that's going on there and I look forward to being a part
of that.
De Weerd: And Andy has a background -- and I believe that you have seen his paperwork
that he submitted. He has an eye for detail and we thought that Andy would be a great
replacement to Steven Yearsley, who just stepped off, who was an engineer as you all
know him, and we do feel that the skills that And y brings will help bring some of that
perspective that we lost with Steven. So, thank you for your willingness to serve.
Seal: You're very welcome.
Bernt: Madam Mayor?
De Weerd: Yes, Mr. Bernt.
Bernt: Andy, I -- congratulations.
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Seal: Thank you.
Bernt: Big shoes to fill. Commissioner Yearsley has been on that Commission for many
many years and has been a strong leader on that Commission for a long time. So, I just
wanted to say on the record how appreciative I am of Commissioner Ye arsley and the
years of service. Also grateful for you and for your -- your willingness to serve. There is
one -- I don't want to put you on the spot, but what made you want to do it?
Seal: Just felt it was time to take a bigger role in serving my community, so -- and there
is a lot of -- a lot of people out there that are still sitting on the sidelines and I felt that it
was my turn to step up and take a role.
De Weerd: Thank you for joining us, Andy.
Seal: All right. Thank you very much.
De Weerd: Thank you. And, yes, last week was the last meeting for both Steven Yearsley
and Greg Wilson and so Reid and Andy will be stepping in at -- at the next Planning and
Zoning Commission and I'm sure will -- will benefit from talking with staff and -- and be
being brought up to -- not brought up to speed -- yeah, I think that will take a little while,
but we will have the benefit of meeting with staff and getting set up . So, thank you so
much again, Andy, for joining us today.
B. Vehicle Sharing Program Discussion
De Weerd: Item 8-B is a continued conversation on the vehicle sharing program and I
will turn this over to Emily.
Kane: Madam Mayor, Members of the Council, I'm Emily Kane, deputy city attorney in
the city attorney's office and as the Mayor mentioned this is an ongoing conversation
about a draft vehicle sharing program ordinance that I brought to you January 8 th. I am
following up on the great feedback that you gave me that day and just to quickly touch on
the objectives, the first two we discussed at your workshop a few weeks ago. Our goals
include balancing public safety, but also making this idea happen in Meridian , facilitating
the micro mobility transportation concept. Adding to the list some of the things that we
talked about last time, I -- there was pretty clear consensus that we need to minimize our
administrative workflow and the resources that staff invests in making this work. We need
to make our operators and riders accountable for how it plays in Meridian. We need to
balance our supply of the shared vehicles with demand and kind of look at that as we
progress in this initial year as we move forward. So, specifically some of the updates in
the draft that I incorporated. I'm -- I changed the number of vehicles deployed initially to
350. That goes somewhat with the structure of the franchise fee that I will get to in a
moment. We talked about the number of franchises available . This draft reflects that two
franchisees would be -- two franchises would be available in the city. We didn't talk about
-- specifically about beacons, but I did receive some feedback about that and , actually, I
noticed in this draft that I shared with you a mistake, the benefit of the long weekend is
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fresh eyes. On page eight, Section 363F where it actually talks about the beacons, it
does still sound like they are mandatory, but that's not the intent. So, I would -- I guess,
hopefully, final draft I would add if the operator uses the beacons, then, the operator would
provide that electronic interface that would let the city know where they are and let the
city weigh in on maybe some ideas where they would be useful. So, to clarify that , the
beacons -- the intent is that if they are available, if they are offered by the operator, that
may be used as a designated parking spot. We talked about the fee for -- that the city
could charge if the city were required to get involved to remove the shared vehicle and
store it, either police or possibly parks department doing that, that fee we discussed as
250. There was at least a majority that thought that would work. So, this draft does reflect
that. This draft on the franchise fee I incorporated the flat annual fee of 25,000 dollars.
This roughly approximates kind of a full-time employee certainly on the lower end, but this
is also kind of close to -- it kind of is in the neighborhood of a 30 cents per scooter per
day. If there are 350 scooters and we assume kind of a season, so if there is an eight
month season where people are actually using these scooters that is a rough
approximation of 30 cents per scooter per day or if we look at the whole year, which
maybe this winter we could use the scooters all year, 20 cents per scooter per day. It's
about 25,000 dollars. If you use the other -- the per ride model where we assume three
rides per day, it approximates a ten cent per ride. If there are 350 scooters at three rides
a day for a seasonal 240 days, it's about 25,000 dollars or seven cents for year round.
It's -- it's -- you end up with fractions of cents. So, rather than do lots of math, I just left
the actual number. So, about seven cents is roughly approximate. A little bit more than
the proposed flat fee. The benefit of the flat fee is that it achieve s that goal of minimizing
staff involvement in collecting it and calculating it and verifying that fee. The thing to
remember about franchise fees is it is a contractual amount. It's not a fee in the classic
sense. We have heard over and over again that fees really approximate the service that
the city provides. That's almost always true. This is the exception. The word fee is used,
but it's really consideration for the value of what the contract -- contracting party is getting.
In this case the right to use the streets and the sidewalks . So, they are adding a use to
public infrastructure for private gain and in return the city, one, doesn't operate a
competing service and, two, allows that to happen and facilitates that with this oversight.
So -- and I guess it's streets, sidewalks, pathways and parks. So, this 25,000 is intended
to kind of represent that -- the value of that right. It really is on the low end , both as to
other cities and as we are looking at calculating that in comparison to other -- in the
context of other models, but it is the initial year and as we have discussed and as you
provided your feedback January 8th, it's really -- we need more data. We need to know
more about the impact that this would provide. Having that money ahead of time it also
achieves the goal of having a resource -- a ready resource available in the event that we
do need to invest resources, either in preparing or maintaining public infrastructure or
public safety issues, oversight, taking public feedback about this and in the event that it's
not used it does offer a way to invest back into that infrastructure. We -- we took away
the requirement that the city reinvest it and we took away the -- the one draft had kind of
percentages to say this amount went to each of these things, but it 's -- it is there to do --
to do just that, to make the infrastructure grow and be improved for the riders and also
other pedestrians and users of this resource. So, l ong story about franchises. The final
thing I will mention in this draft -- you -- you provided some feedback to say that the speed
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limits in parks and the geo fences in parks should be on the riders, that the riders should
be ultimately responsible for that. This draft reflects that feedback, but it also -- I kept in
the requirement that the operator control that remotely and use geo fencing and govern
the speeds remotely. That is the -- I brought that back, because that's the
recommendation of the parks commission. That's the input that we received from our
public on that and Director Steve Siddoway is here to talk more about that if you would
like. So, with that are there any questions or other feedback?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I do have some notes. Thanks for that detailed -- the detailed information you
provided for us. Went through it and have some questions. You answered most of them.
Good job. One of the things that I was -- that we spoke about was the 250 dollars and
having that be collected if -- I guess we give the scooter -- you know, the scooter company
two hours notice -- is that -- if I'm remembering correctly we let them know that maybe a
scooter is parked in the wrong spot or whatever to give t hem notice and they have two
hours or -- but, then, I read something later on in the paragraph that says they have
upwards of 72 hours to actually grab them. If they don't grab them within that 72 hour
time frame that -- that we go collect and charge them 250 bucks; right?
Kane: Madam Mayor, Council Member Bernt, yes, we -- they have two hours to respond
and -- yes. And so the -- I should say the operators have two hours to respond and move
a vehicle that's not where it's supposed to be. The 72 hours is really to -- intended to
address a scooter that is lawfully parked , but just sits there. So, if -- it's hard to imagine
a scenario where it would be so in the way that we would really want to wait that long to
move it, but that allows us to move basically abandoned scooters and the -- there is a
provision that says that in exigent circumstances the police can move the scooters or it
actually just says the city can remove them. So, if a city staff member or police officer
happens upon a scooter in the road or blocking the sidewalk or something where it's
unsafe or it's prohibiting other uses, then, they could just remove that if necessary. Again,
the police really -- their -- the intention is that they will ride the scooter and lawfully park
it, rather than take custody of it. But if that is what needs to happen, if there is no other
way to deal with it, then, that's an option available to them.
Bernt: Okay. Make sense. And so the second question is -- it's not a question, I guess,
but there was a lot of information in your report saying, you know, about operation, the
parking requirements and usage requirements of the citizens that will be riding on them.
So, what are we going to -- I know this wouldn't be part of the ordinance, but just a
question about what would we be doing as a city to help educate people so they know
what our expectations are while they are utilizing these -- these scooters, so that we can
minimize the -- the tickets that could be, you know, just so they know what -- how to ride
them and how they -- you know, safety precautions and such.
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Kane: And Madam Mayor, Council Member Bernt, I guess I -- I don't have handy any
details about a public education plan, but I know that is part of the plan. So, there will be
outreach to let people know. I know social media is going to be part of it, but certainly --
we have learned that the city needs to really be proactive in reaching out to the public
and helping educate the public. It's -- of course it's on the operators as well and that
benefits them and their business model, but the city will do something. I guess I just don't
have specifics of that plan. There is -- I have kind of a proposed next steps and public
outreach and education. There is a two week dedicated portion. I know that it won't be
confined to that, but that's maybe an opportunity to sort of roll it out and, you know, that's
something -- actually that's something we are really very good at . Kaycee Emery is just
kind of the master of getting the word out. So, I know that that's -- that will happen.
Bernt: Okay.
De Weerd: Okay. Other questions, comments?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Emily, great work. Appreciate -- appreciate coming and kind of giving a status
check with Council and, then, bringing this back. I do have a couple of questions -- just
some clarification pieces. On -- where did the -- you kind of touched on the genesis of
the -- the 25,000 dollar franchise fee. That's something we could really discuss if I recall
as kind of a set fee last time you were here. Can you helped me understand where that
came from and, ultimately, why it's being recommended?
Kane: Madam Mayor, Council Member Cavener, it's -- you're right, I didn't discuss it last
time. That was a product of the clear consensus that we really wanted to keep
administrative costs low. It's -- it's definitely convenient and -- and easy for everyone to
understand. It requires no calculations. It doesn't require us to invoice or ask really for
that money. If anything we would ask for it in July just as a reminder maybe. I would
rather just leave it on the operator to pay what they owe, but it really is an attempt to
incorporate a franchise fee that's both fair, but also it gets done. Having that upfront fee
without any calculation that also has that nexus to what we are really trying to do, to make
that consideration reflect what it's worth and have that nexus to, you know, other methods
that have been used in other circumstances and other cities. I think it's -- it's a model that
would work for us to achieve all of those goals.
Cavener: Madam Mayor, follow up. If I remember seeing it here, it follows the calendar
year. So, I guess kind of a two part question. We are a few weeks into January. Is the
intent that if we have two operators that come forth that it's going to be a pro -rated amount
and, then, I guess the second question would be is what happens if we have an operator
who isn't acting above board, as an action of the clerk's office we revoke their ability to
operate, are we, then, in the business of cutting them a pro-rated refund?
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Kane: Madam Mayor, Council Member Cavener, as to your first question regarding pro-
rating the franchise fee for the initial year, that's not something, honestly, that I had thought
of. If this does follow this timeline that I have outlined and it starts in March, they would,
essentially, be missing two months of their year. So, you could direct that we pro-rate it
minus two months. The -- the ordinance does not reflect that, but your adoption of the
franchise ordinance could incorporate that direction . As to revocation, it is a
nonrefundable franchise fee. That's part of the reason that I think it's a good idea to split
it into two payments, because it is really -- I think it would disincentivize revocation if we
felt that we, essentially, owed them the benefit of their bargain. So, I think having that --
it really -- it's still a contract, so, you know, if they pay their consideration and don't uphold
their end of the contract, contract theory tells us that it's just over. You -- you're out. So,
it's -- but having it broken into two, there would be, essentially, a decision point in July if
that were a concern. I don't -- we are honest brokers, I don't see us revoking on July 2nd,
but certainly if that happened we would be legally okay. I really don't think that -- in
practice that is going to happen. However, if it does they lose six months, essentially, of
their bargain.
Cavener: Madam Mayor, just one question. Item G about requiring the operators to
control the speed, I think we touched on this last month and maybe this is a question for
Mr. Siddoway. I really struggle with us establishing a speed limit for, you know, one
operator when the public would be able to go at any speed they wanted on their own
personally owned scooter. So, unless we have got a speed for these types of vehicles in
our parks, because I don't think we do or that's something we are planning to do -- I hope
we are not -- I really struggled with this particular piece. I'm not sure if Mr. Siddoway kind
of wants to convey where the parks commission was coming from on this, at least it would
help me have some better understanding. Sorry, Emily. I know I asked that question of
you and, then, kind of pivoted to Steve.
Bernt: Hi, Steve.
Siddoway: Thank you, Madam Mayor, Members of the Council, Mr. Cavener. First of all,
I just want to say thank you for taking the pause that you have to help us get this right,
because I think it's so important to have these discussions and try and get it right. So,
why a speed limit is -- is kind of the question. Right now there is only one park where we
have a road in a park and that's Kleiner Park. The vehicles in that park are -- have a
speed limit of ten miles per hour, so they can't go 15.8 -- or shouldn't according to the
posted speed limit in the park. So, their speed limit is ten. Why eight and not ten. Could
be ten. What we were trying to do was -- because these scooters are not limited to the
road where the vehicles are, they are also on the pathways. There is lots of people
walking, jogging, doing whatever. Eight miles per hour -- we wanted to have it fast enough
that someone can still ride and get through the park and not have it be so slow that , you
know, it's hard to balance, but -- and eight miles per hour is the average speed at someone
-- at which someone typically runs a 5K, you know. We are just looking for some guidance
as to what -- you know, what people using the pathways are going to be at and most
people are walkers, so we didn't want to limit it down that far. So, what's a reasonable
speed. I think that's a fine topic for discussion. So, is eight the right number? That's the
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number we -- we put out there. We think it's -- it's slow enough to be safer, but fast enough
to move through and be able to ride the scooter. When the scooters were initially
deployed there were quite a few complaints, concerns came in. A lot from our park
ambassadors that were witnessing the behavior in the parks, as well as some from
citizens concerned about some of the behavior they were seeing. Large groups of kids
on these Lime scooters at the time that were -- some near misses of pedestrians. Just
some general bad behavior. Why these and not a personal one, they -- or bicycles or,
you know, we haven't had the -- the issues or concerns and when these were deployed
we had immediate issues and especially if they are going to be deployed in part in the
parks and made available, there is an opportunity to encourage that use and behavior
that does not exist with the personal one in your home. So, I -- I would just support the
proposal as Emily has outlined it. I think it's the right balance of making it safer for
everyone, but still allowing the use and the mobility options that we are -- we are trying to
strike the right balance for.
De Weerd: Thank you, Steve. Any other questions? Any other questions for Emily?
Okay. Nice job in capturing everyone's comments and -- and, again, to the committee
that kind of collected all of the different issues and tried to identify them to have the
discussions in front of Council, our thanks to them as well.
Kane: Thank you, Madam Mayor. I will pass that along. It's really been a great team.
And if -- if it's okay with everyone, I would like to enact this plan. Okay?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I'm -- I am generally supportive, but I -- I really am in favor of striking Item G.
To me it would no different than if we created a separate set of laws for people who rent
cars as for people who drive their own commercial vehicle -- or their own personal vehicle.
So, I'm not supportive of Item G. Then should we bring something back? I am supportive
of kind of a pro-rated amount, seeing how it sounds like that this won't begin until
beginning of March. If the Council wants to move to this direction -- kind of this one fee
catches all, I think that we should pro-rate it for the first couple of months that the
operators were unable to be in our community.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I agree. I would rather strike it, but if it is going to be in there to maintain a
provision that we can decide what the speed will be, but not to do one at the beginning
and then -- I mean, of course, the beginning there is going to be like there was. It's a new
shiny toy. There is going to be craziness. But if it continues to maintain that way, then --
then, yeah, we should be able to come in and adjust that. So, keep it in there saying we
might do this, but we won't right now and I totally agree on the pro-rated and especially
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as one goes away and another one comes in, to be able to have that as an option, so that
it's not a problem to come in anytime of year.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, I was wondering if we could hear from Chief Lavey before
we make any type of decision on this.
De Weerd: Absolutely. Chief , do you have comments you would like to add?
Lavey: Madam Mayor, Council Woman Little Roberts, I don't really have any comments,
so I will stand for any questions that anybody has. If you're just curious what I'm thinking
or no. No. We are ready to implement it and proceed and actions are going to speak. I
do have -- I do have some -- some comments on the -- on the speed in the parks. So, I
want to be considerate to what the parks commission has to say, but, frankly, we don't
have any way to enforce that anyway and we don't enforce it on bicycles, we don't enforce
on skateboards, we don't enforce it on scooters currently, so why would you pick one
particular entity to enforce it upon. I'm not even sure we enforce it on the cars on the --
on the ten miles an hour, because you would have to look and see can you legally enforce
that or is it just a park rule and so I'm always opposed to laws or rules that say, hey, this
is great, but we are not going to really enforce it. So, if we are not going to enforce it,
then, it shouldn't be in there, so -- but trying to be considered to what the parks wants as
well, it -- it really doesn't mean anything to us, but it's -- it's going to be hard to enforce
unless you geo fence the actual device whe re it's controlled -- the speed's controlled
without the operator and, then, I will stand for any other questions you may have.
De Weerd: Thank you, chief.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: As a path forward, because we have got publishing of an ordinance and public
hearings, when we move forward with the plan as Emily's presented , publish the
ordinance, you don't have to strike anything at this point, because we are going to receive
public input, whether it actually comes out or there is a change made by March, we can
let this hearing run its course and see if additional information supports changes. I don't
know if we have to make action right now to launch this process . We would rather launch
the process and get it going as presented on the screen.
Kane: Okay.
Palmer: Madam Mayor?
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De Weerd: Mr. Palmer.
Palmer: We had another ordinance that was planned to be over a few month period and
was going to have a public hearing and, then, give us a chance to make some
adjustments. Well, as soon as the public testified we voted to approve the thing. So, I
think if we are going to -- we are here, we are discussing changes, she's going to finalize
a draft, might as well have what -- we are all -- we are all here today. What we want in it.
I would say strike G and make a pro-rated. Anybody disagree with that?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Well, first of all, the only place that I was ever really in favor of geo fencing is right
adjacent to playgrounds where you might have very little kids that could get run over. As
far as the speed limit, they -- if we want to use some of that money to put up speed limit
signs in the parks, I would be in favor of that. Even though they can't be enforceable it's
at least a suggestion that people to slow down in the parks, but I think the same speed
should apply to anybody riding a scooter or bike or whatever they are riding through the re,
not just these rental scooters. So, I'm either in favor of striking it or adjusting it to include
just adjacent to or within a few feet of a playground area .
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I appreciate I think Council Member Borton's intent to keep this process moving
forward and let's get to the public hearing. Me personally I would want whatever we would
be -- put forth to the public hearing to -- is for me to be something that I'm most
comfortable with either adopting or been on the record saying I'm going to oppose it either
way. So, I'm supportive of moving things forward, however but to include at least -- I
believe with the appropriate changes to make here tonight. It was brought here as a
status update to gauge the feedback of City Council. I have tried to provide that feedback
and other -- other Councilors have indicated similar feedback at least about the speed
piece. So, I think it would be appropriate to at least have it represent the dialogue that
occurred here.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Along those lines, the page eight, G, I don't -- I probably would have deferred to
-- to the parks' recommendation that we include it if it comes out. We can always address
it down the road when this thing rolls out, so I'm fine if G comes out, quite frankly. I just
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want to get this thing going and -- and enact this. As far as the pro-ration, I think each
year pro-ration coming into the program is appropriate to allow entry of new vendors
perhaps in years to come, but I wouldn't pro-rate or provide any refund should it be
determined based on a breach. So, with those two changes I think it's great to go forward.
De Weerd: Okay. Any other comments?
Siddoway: Madam Mayor. I might just ask the question for clarification just to make sure
we get what Council wants. What's been referred to as -- as strike G, it's G-1 that is
specifically the -- the speed limit issue. There are some issue s -- some areas where we
don't think they belong at all that include the -- the playground areas of the regional parks.
The dog park. We don't want them on the tennis courts. That's in there as G-3. I'm just
asking for clarification, if you're also wanting that stricken or if the intent was to strike G-
1 specifically.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: My thought was I heard G-1. Two and three is probably to help facilitate what
we would otherwise require anyway.
De Weerd: Okay. Anyone disagree with that?
Cavener: Madam Mayor, just -- my thoughts are if we have already got rules that prohibit
bikes, skateboards, scooters, personal electric scooters, from being on the tennis court,
from being at the bark park and to me it seems appropriate. I just -- I hate that we are
creating an extra regulation for a business that, again, if I owned it I wouldn't be subject
to. So, I take creating special -- especially those that are, in my opinion, extra terms of
an extra regulatory -- same for everybody. I'm great with it. If it's special rules, such as
something that -- I get really excited about, as small and as germane as they maybe. And
maybe that's an opportunity for the parks commission to look at that overall about what is
appropriate near the bark park, what is appropriate near playgrounds.
De Weerd: But I think we are creating a special circumstance and their parking it on
public property and you are creating that opportunity that -- that no one's parking their
private one there every day all day and making a profit off of someone renting it and
picking it up. So, it is different in just it's model. I think the -- the idea was around you
are -- you are creating more of a situation for these things to -- to concern the
ambassadors, parents and -- and the commission in particular as they -- as they talked
about it. So, it is different than the privately owned.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: I agree and the taxpayers are going to be compensated 25,000 dollars for each
operator because of that. But I would envision is that two people, one rents a scooter,
one brings their own and the one that brings their own is able to go -- all the things that
are trying to be intended by this one, while the person who rented is not. I agree, I don't
think that they should do that and -- and in the ordinance it looks like there is a hundred
fine if they are breaking rules, if they are parking them in the wrong place, and so what I
-- I -- I think that if we are going to say we don't want scooters, we don't want skateboards,
we don't want bicycles near playgrounds or on tennis courts or by the bark park, then,
let's just ban them for everybody, because you are creating, you know, two sets of rules
that -- we have heard from law enforcement is going to be difficult to enforce already.
De Weerd: Mr. Bernt.
Bernt: Thank you, Madam Mayor. I believe that we are in agreement that we are going
to strike G-1. However, I think there is a difference between having Lime or Bird or
whoever it is having a potential of 350 to 700 scooters along a public area, as opposed
to -- you know, as I drive down the street I don't see , you know, private scooters parked
or, you know, on private property -- public property or I go to the parks and I don't see a
ton of scooters or -- you know, being utilized as much as maybe these -- the Bird or a --
Bird or Lime or other potential scooters and so I think that this is different, something that,
you know, we haven't seen in the past, other than the one time frame when -- when they
were allowed to be used. So, I think -- I get what you are saying, Mr. Cavener, that, you
know, you want to be able to compare the two, but I don't think that they are comparable
because of the amount of scooters and the amount of vehicles or whatever that will be
utilized on the public pathways. So, I think that's my thought.
De Weerd: So, at this point it sounds like the pro-rated is something I have heard the
majority all agree with and the removal of G -1 it sounds like everyone was in agreement
on. Is there a motion, further discussion, desires?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we proceed with the proposed next steps as presented with
the ordinance that Ms. Kane has drafted, which has been amended in those two ways
today, at least for now, removal of G-1 and the inclusion of a pro-ration for inclusion into
the franchise program. I think G-2 and 3 will probably be discussed further and perhaps
we will get comment from the providers themselves on how cumbersome of those
provisions may or may not actually be.
De Weerd: So, that last statement was part of your motion or --
Borton: That was a little editorial note.
De Weerd: Oh. Okay. Just trying to get clarity.
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Borton: All right.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I don't know that this required action, but I'm supportive of the comments of
Council Member Borton and if we do need to take action I'm happy to provide a second ,
but I actually don't think it's necessary.
De Weerd: I think it's great so that when we bring the ordinance back we have clear
parameters on what it will look like instead of our best guess . So, I appreciate the -- the
motion and the second. Anything further in discussion? Otherwise, all those in favor say
aye.
Nary: Madam Mayor, it isn't listed as an action item to vote on.
De Weerd: Oh.
Nary: So, we can't vote on it, but for the record it's just fine.
De Weerd: There you go. I think with that direction it seemed good.
Borton: A ceremonial motion I meant to say --
De Weerd: I forgot about the action item thing. Okay.
Kane: Thank you very much.
Cavener: Thanks, Emily.
Item 9: Action Items
A. Public Hearing for Villasport (H-2018-0121) by Sadie Creek
Commons, LLC, Located on the SW corner of E . Ustick Rd. and
N. Eagle Rd.
1. Request: Modification to an Existing Development Agreement
for the purpose of removing the property from DA Instrument
108008770 and enter into a new development agreement
De Weerd: I guess we did take out all question of what the intent was, so thank you for
that. And thank you for pointing that out, Mr. Cavener. Okay. Item 9-A is a public hearing
that has been requested to continue to February 19 th. This public hearing is for H-2018-
0121. I will open the public hearing and ask staff a little bit of the background of what the
request is to continue regarding.
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Allen: Madam Mayor, Members of the Council, Item No. 9-A, Villasport, the applicant is
requesting continuance to the February 19th meeting in order for a request for City
Council review of the Commission's decision on the associated conditional use permit to
be heard at that same meeting.
De Weerd: So, they would like to have the CUP and the DA considered at the same time?
Allen: The City Council review for the conditional use permit application and the
development agreement modification, yes, Madam Mayor.
De Weerd: Okay. Is there anyone that is here in the audience for this 9-A? Okay. It's
hard to take public testimony without the applicant p resenting the -- the request and I
apologize for the inconvenience. I guess I can't offer any further explanation, but if this
Council wants to hear it regardless of the request to continue , that certainly is their
purview and I would ask the Council for your direction.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: First, is the person who wants to provide testimony going to be able to on the
19th?
De Weerd: Thank you. And we apologize for any inconvenience.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Borton: I move we continue Item 9-A public hearing for Villasport, H-2018-01212, to
February 19th, 2019.
Milam: Second.
Bernt: Second.
De Weerd: I have a motion and a second. I guess I would ask do you want the applicant
to repost this on the site or any notification? I waited until -- sorry.
Cavener: I'm open to feedback from Council. I don't necessarily think it needs to be
reposted. Perhaps a renotification via our NextDoor, any contact that we have had from
anybody who has sent in any other testimony.
De Weerd: I guess I would asked Mr. Clerk if the CP is coming on the 19th is it already
going to be noticed on -- posted and noticed at that time.
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Coles: Madam Mayor, Members of the Council, the Council review application will be
noticed for that date.
De Weerd: Okay. Well, I have a motion and a second to continue Item 9-A to February
19th. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
B. Public Hearing for Alicia Court Subdivision (H-2018-0107) by
Riley Planning Services, Located 4036 E . Granger Ave.
1. Request: Preliminary Plat consisting of 6 building lots and 2
common lots on 3.084 acres of land in an R -4 zoning district
De Weerd: Item 9-B has -- has requested to continue to February 5th. The site was not
posted correctly. This is about public hearing for H-2018-0107. Staff.
Allen: Madam Mayor, Council, staff really doesn't have anymore to add on that. We --
City Council can't legally hear this project because the noticing requirement was not met.
De Weerd: And that was the public hearing sign on the property.
Allen: Yes, ma'am.
De Weerd: Okay. So, Item 9-B is -- it can't be heard whether you wanted to or not.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just for clarification -- and I think for those that are watching online or here in
the audience, is that mistake the city's fault or was it the applicant's fault?
De Weerd: The city does not post the sign.
Cavener: Madam Mayor, I was aware of that. I just was making sure that for those
watching if they thought the city was the one that made the mistake , that it wasn't our
fault. The reason -- this isn't being continued because of the city, it's because of
somebody else.
De Weerd: Thank you. Okay. We do need a specific motion to continue?
Nary: Yes, Madam Mayor.
De Weerd: Okay. Well, then, I will open the public hearing first on 2000 -- or on H-2018-
0107 and ask for a motion to continue to February 5th.
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Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move that we continue the public hearing for Alicia Court, H-2018-0107, to
February 5th, 2019.
Milam: Second.
De Weerd: I have a motion and a second to continue Item 9-B to February 5th, because
of the posting requirements not being met. All those in favor say aye . All ayes.
MOTION CARRIED: ALL AYES.
C. Public Hearing for Entrata Farms (H-2018-0125) by FIG Village
at Parkside, LLC , Located 3880 and 3882 W. Franklin Rd.
1. Request: Annexation and Zoning of 19.07 acres of land with
an R-15 zoning district; and
2. Request: a Conditional Use Permit for a multi-family
development consisting of 238 dwelling units on 18.18 acres
of land in an R -15 zoning district; and
3. Request: a Preliminary Plat consisting of 67 building lots and
3 common lots on 18.18 acres of land in the R -15 zoning
district
De Weerd: Okay. Item 9-C is a public hearing on H-2018-0125. I will open this public
hearing with staff comments.
Allen: Madam Mayor, Members of the Council. The next applications before you are a
request for annexation and zoning, conditional use permit and preliminary plat. The site
consists of 18.18 acres of land, zoned RUT in Ada county, located at 3880 and 3882 West
Franklin Road. A little history on this project. A multi-family residential project was
proposed on this site last year that was denied by Council. The proposed project is
deemed to be substantially different than the previous project. The Comprehensive Plan
future land use map designation is currently high density residential, which is 15 and over
-- 15 plus units per acre. The applicant is requesting approval of a step down in density
as allowed on the comp plan with Council approval from high density residential to
medium high density residential, which is eight to 15 units per acre, consistent with the
abutting properties to the east and west and resulting in a proposed density of 13.09 units
per acre. Annexation and zoning of 19.07 acres of land with an R-15 zoning district is
requested consistent with the requested step down in density. A preliminary plat is
proposed as shown there on the right, consisting of 67 building lots and three common
lots on 18.18 acres of land in the R-15 zoning district that is proposed to develop in two
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phase -- two phases, starting with the front portion of the development nearest Franklin
Road. You can see this little dotted line right here. This is the first phase down here and,
then, the second phase is to the north there. Access is proposed via Franklin Road and
via the extension of West Perugia Street at the east boundary. Perugia will extend east-
west through this site and stub at the project's west boundary. If you will remember, the
project to the east is the Silver Oaks Apartments and, then, they had a self service storage
facility that was recently before you that's directly to the east . Emergency access is
proposed via Franklin Road near the east boundary of the site and also near the north
end of the site to the west and that is -- if you can see my pointer here in this location and
also right here. The entry street, as well as Perugia, will be public streets. The internal
streets will be private. A conditional use permit is requested for a multi-family
development, consisting of 238 dwelling units on 18.18 acres of land in the R-15 district.
A site plan is proposed as shown there on the left and conceptual building elevations were
submitted how the site is proposed to develop with a combination of two and three story
townhome style multi-family structures in groups of four, six and eight attached units, both
front and rear loaded. Two story units are proposed along the west boundary of the site
adjacent to the existing residential and agricultural property and that is the Delinda four-
plex, eight-plex and Tucker six-plex elevations that you see before you. A combination of
two and three story units, i.e., two story on the ends with three stories in the middle are
proposed along Franklin Road. Those are as shown there before you. Three story
structures are proposed internally and those are the Payton six and eight-plex units as
shown. Qualified open space and site amenities are proposed that far exceed UDC
standards. A minimum of 3.19 acres of qualified open space is required. A total of 6.15
acres is proposed. A minimum of five site amenities are required. The following are
proposed: An outdoor pool complex with clubhouse and restroom facilities and property
management office. Two children's play structures. Three covered picnic shelters and
pavilions with barbecue stations and picnic tables . A dog park. A half basketball court.
Two open grassy fields larger than 50 feet by 100 feet in area. Benches and pathways
throughout the site. Again, the open space here is -- they are proposing almost double
what the minimum standards are. Parking for the development is proposed in excess of
UDC standards based on 238 two and three bedroom multi-family units a minimum of
476 spaces are required with half of those, 238, being in a covered carport or garage. A
total of 603 spaces are proposed consisting of 274 driveway spaces, 254 garage spaces,
which are on the first floor of each of the units under the living unit, and 75 guest parking
spaces for a total of 127 spaces over the minimum required. Commission recommended
approval of this project. Kent Brown, the applicant's representative, testified in favor.
There was no opposition or commenting folks on this application. Written testimony was
received from James Doolin, the applicant. He is in agreement with the staff report. There
are -- there were no issues -- discussion other than that. There wasn't any public
testimony. Key issues of discussion by the Commission are as follows: They were in
favor of the single maintenance and management company for the overall development ,
as proposed by the applicant. A walkable distance of the site to future employment uses
within the Ten Mile area. They were in favor of the design of the proposed structures with
parking underneath the structures and incorporation of MEW s within the development
and concern pertaining to timing for this property to develop in conjunction with other
nearby multi-family developments and their overall impact on public services. The
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Commission did not make any changes to the staff recommendation. The only
outstanding issue for Council tonight is that the applicant is requesting Council approval
of a step down in density from high density to medium high density residential. There has
been no written testimony submitted since the Commission hearing. Staff will stand for
any questions.
De Weerd: Thank you, Sonya. Council, any questions? Is the applicant here? Good
evening. If you will, please, state your name and address for the record.
Brown: For the record Kent Brown, 3161 Springwood, Meridian, Idaho. Thank you,
Sonya. She is a mind reader also. As you look at the site plan that's on the screen, let
me quickly talk about the items that we heard from the City Council and as we met with
many of the City Council members before resubmitting, we addressed each one of those
issues, so that they weren't a concern anymore. Originally we were looking at doing this
in a phased development. Sonya has covered that and described that. The concern was
is what that would do to your resources, police, fire, so forth. Realistically with approval
tonight and moving forward we would be lucky to start doing vertical the latter part of
2019, maybe having the first occupancy in August of 2020 is where phase one would
come in. It's almost exactly half and half of that 238 units that splits it almost exactly. But
the swimming pool, the major amenities are built with that first phase, which I think is a
plus and, then, there is always that question of doing a landscaping along the roadway
and that would also be included in that first phase. One of the items was in the original
design, which was down here, the very bottom right-hand corner, we originally had 20 flex
buildings. There was concern that that didn't meet the flavor of what's along Franklin , so
-- with single family being on the other side and we removed that. There was also a
concern that we didn't have any indoor amenities. So, now with the clubhouse we have
the ability to have a fitness room and so forth. It's there. Giving this more year around
amenities. I think many of these others -- people are going to continue to use. Probably
the biggest thing that we -- that I see in any of the developments that I do is people walking
and this entire system allows you to walk out your front door and be connected throughout
this -- this neighborhood that is being developed here. There was concern in the original
proposal about a single management versus multiple managers and -- and we -- we see
the benefit of that. In fact, my clients have kind of adopted that in the projects that they
are doing here in Idaho. There was a concern in the original design of a lack of a street
appeal. I'm going to show you some pictures later on, but what's kind of unique about
this design -- Sonya, if I touch the screen is it going to back one? Well, as you come in
the main entrance over here on the right-hand side, that's Franklin Road. It's the southern
part of our site, you have the main entrance. The main entrance comes in to where the
swimming pool, clubhouse is located. If you look along that public street, the units all face
that street. The front doors of the units that are there are facing that local street . There
is a sidewalk in front there. One of the drawings that we are going to see later on show
that that has some street appeal to it. Then across and to the upper part of the area
where the field is north of the swimming pool, that unit -- those face onto that park space.
So, most of the streets in here end up acting like alleys would. The street that is along
Franklin, that's an alley. The street that the buildings as they face out onto Franklin, they
have a street appeal. They have a streetscape with a front door, a sidewalk that's there
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for those -- those residents. There is a large landscaping space. So, as you look at this,
the development, you are going to see front doors that make this a little more -- as a good
neighbor. The coloring on this shows the two story levels versus the three story levels.
So, as you look along Franklin, instead of seeing a solid hedge of tall buildings, it drops
down. So, as the two buildings meet each they go down to the two story and you will be
able to see that in one of the drawings. As Sonya was explaining to you, along the bottom
of the screen here we have the -- the Delinda building and they back up, so their
backyards of those two story buildings are against the undeveloped property to the -- to
the west of this and, then, right next to that there is a Tucker building at the end of that
unit is again two story. So, as development takes place to the west of us, anything that
is abutting our western the boundary is two story. There is not a three story building right
up next to our neighbors. As you look along the east boundary we have the Kennedy
Lateral there, but we also have the fronts of the units facing there to the Kennedy Lateral
with the sidewalks and so forth that are in and around that area . Sonya, let's go to the
next one. So, here is what we have described. You can see the streetscape . You can
see where the pool is and you can see the entrance. And, then, the end of the building
that's out on Franklin Road, it's not -- it's down to a two story on the end and, then, the
buildings that are fronting the public street, they have a nice streetscape with doors
coming out and, then, the park space that is to the top of where the pool and the clubhouse
is, you can see how those front doors are using that park space and MEWs to come out
onto that open space. So, everybody in this development is looking out onto a park space
for the most part in a traditional townhouse type of venue. We also have covered picnic
area that's next to the clubhouse. A tot lot area that's there. So, there is quite a few
amenities just in that local area. Next one, Sonya. Again, this is the Tucker building. As
you can see, the three story in the middle of the two on the ends , and how that's the
streetscape that you end up seeing out on Franklin Road and, again, along our westerly
boundary we are down to a two story unit. Next one, Sonya. This is the other side of the
building. The alley loaded side. The rear loaded side of that building. This is the Payton
that's in the center where most of those MEWs are at. So, the top screen picture is what
you see facing out onto those parks. The next one. This is the other side of that that
would face back into the alley. This is the one -- the building that is along our westerly
boundary. It's a two story. This is the top one where the garages are. That's what faces
the street. And the next one, Sonya. This is what is the back of the building facing to the
west and the backyard portion of that. Here is a color rendering of that Delinda and here
is the area showing to the north of the pool and how those Payton building s space out
onto those park spaces. Throughout this, as you go through -- all the way through here,
whether you're up at the very north end where the point of the development is, you can
walk through green spaces all the way down to the pool and clubhouse. You can go east,
west, north, south through the pathway system that's in there and there is tot lots, picnic
areas throughout the development, the dog park that's in an area. The only storm
drainage that isn't underground is in the very tip of the point . It's at the very end. The
rest of that is all underground and not seen. I will stand for any questions that you might
have. I -- I like this design. Part of the biggest reason I like this is that there is garages
and what I view is for a renter this is as close to them having a single family home as
possible. To have a garage. They police that to make sure that they are parking in their
garage and so forth. That these garages are being used for that -- that purpose and we
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have tried to over -- over park. We have got over the amount of amenities and we had
over the amount of common area. In these individual areas by breaking this up, east-
west with these MEWs it creates little tiny neighborhoods within the development of the
space where you can look out your front door and see your kids. Another factor that
needs to be talked about is in this local area with the businesses that are in -- in
construction currently in and around the cheese factory, this is going to be one of the
closest residential areas for someone there. There is approximately 2,000 jobs between
Amazon and the one that's going to the north of the cheese factory, that are going to need
places for people to stay, plus its overall location being close to the Ten Mile interchange
makes us a premier site for people to be. I would stand for any questions.
Milam: Madam Mayor?
De Weerd: Thank you, Kent. Mrs. Milam.
Milam: Well, I don't have any questions just yet. I just want to say what an amazing
change. Good job, team. Really listening to what we had to say. The open space is
fantastic with the walking path, the amenity package, really impressed with the changes.
Brown: Thank you.
De Weerd: Any questions from Council? Mr. Borton.
Borton: Madam Mayor. Just one. Can you show me the -- the Kennedy Lateral and the
Purdham Drain and describe the fencing that's along next to it? I saw a condition that
referenced mesh fencing and --
Brown: Yeah. We are going to -- we are going to have a -- whether it's a solid fence or
-- and work with the ditch company to fence those facilities. Kennedy. I think initially we
showed like a rail fence, which, obviously, that's not going to work. The Purdham is down
here where those larger units were supposed to go in the very bottom right -hand corner
and it just barely comes into our site. The whole portion of that ground, if you look at it
distantly it's sloping off. So, we are going to have a retaining wall that comes up and ,
then, on top of that retaining wall we will have a fence. So, we will fence whatever the
ditch company will allow us to do. Ideally it would be solid.
Borton: Madam Mayor. On the Kennedy Lateral is what kind of fencing?
De Weerd: You need to respond, please. Yeah.
Brown: Tall fence to me means six foot fence and see through.
Borton: Madam Mayor? That's -- that's helpful. There is a condition of approval that I
may be misreading, but it references mesh fence, which sounds like chain link, but am I
misconstruing what that word means in our -- I'm looking at that 2.12 condition, which
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talks about types of open vision fencing -- fencing, which might be mesh. I don't know
what mesh is, unless it's chain link.
Allen: Madam Mayor, if I may respond to that? Councilman Borton, that's our minimum
code requirements and that would be a chain -- chain link fence, but wrought iron is
certainly preferred.
Borton: Sure. And Madam Mayor? So, you are not proposing -- the way the condition
reads, then, would be changed to reflect the representation of the applicant.
Allen: Chain link fencing meets the minimum requirements. If the applicant is proposing
something more than that they could certainly commit to that on the record and , then, that
would be what they would be required to construct. But chain link meets our minimum
standards.
Borton: Madam Mayor. That was the question. It sounded like there might have been a
commitment or perhaps some discussion you need to talk about.
Brown: Well -- and the difficulty for me comes in that, obviously, the ditch company will
allow you to do wrought iron. We can do a wrought iron six -- six foot fence. Generally,
the reason that chain link goes there is that it's the preferred item of the ditch company,
because of their burning -- yeah. We are open for either one my client's telling me,
whether it's wrought iron or chain link.
Borton: And Madam Mayor. And I appreciate that. I'm not necessarily trying to put you
on the spot. It's a public hearing, you might have a chance to visit here and -- I just want
to make sure it's -- it's crystal clear if there is something that's a commitment that's to do
something more aesthetically pleasing than chain link, that we will clear up that condition
to reflect that. Appreciate that clarification.
De Weerd: Okay. Any other questions? Thank you, Kent.
Brown: Thank you.
De Weerd: Mr. Clerk?
Coles: There were no sign-ups indicating anyone wanted to provide testimony.
De Weerd: Okay. Is there anyone in the audience who would like to provide testimony
on this item? Thank you for joining us. If you will, please, state your name and address
for the record.
Doolin: Yeah. Madam Mayor, Commissioners, my name is James Doolin, with FIG
Development, 1338 South Foothill Drive, Salt Lake City, Utah.
De Weerd: Thank you.
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Doolin: And just to clarify the fence issue, I think initially we proposed a rail -- open rail
fence for visibility. There were some issues with -- some concerns about safety for kids
and so the goal was to put in a six foot fence. I think the mesh was in there for visibility
sake. We were open to fencing if the Commission would like to see a real -- I mean a
wrought iron fence we find that that -- ultimately our goal is to have a fence for safety. We
would like to have visibility, so it doesn't create an alley behind our project where there is
the potential for people to hide or whatnot.
Borton: Okay.
De Weerd: Thank you. Certainly understand. Any further testimony? Yes, sir. Thank
you for joining us. If you will, please, state your name and address for the record.
Baldwin: My name is Harlin Baldwin. I'm at 124 Fritts in Meridian.
De Weerd: Thank you.
Baldwin: Okay. Thanks for allowing me to -- to visit with you on this. I own property just
to the west of this proposal and my only question is if the representative from the Nampa-
Meridian Irrigation District has been involved in this.
De Weerd: Yes, they -- they have and they are an agency that gets the ap plication and
they have had a chance to review it.
Baldwin: Okay. The reason I'm asking about that, because if you look on the map on the
-- be on the east side that drops down to the railroad tracks, that irrigation system goes
all the way down there and it cuts back down going back to the south towards Franklin
Road and that's how the irrigation system has been for over -- I don't know, 25 years that
I have been there and my question is is that going to be converted to something different?
Is that going to continue the same? We are talking about a fence and some kind of a
blockade or something right in that area there. I was wondering if that's been addressed.
De Weerd: It sounds like from the comments that the application made -- the applicant
made is it has and it's addressed in the conditions of approval as well -- or the
recommendation from staff.
Baldwin: And I understand the folks that irrigate off of this irrigation system here there is
not going to be any change at all because of this established area.
De Weerd: A requirement for approval of developments is they have to deliver water to
the users, so they can't disrupt that. In some cases they can re-divert it and I will have
the applicant comment on that when they come back up.
Baldwin: Okay. Thank you.
De Weerd: Thank you very much.
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Borton: Madam Mayor?
De Weerd: Mr. Borton. Sir.
Borton: In -- kind of in follow up.
De Weerd: Sir.
Borton: I was just going to -- sorry, I was just going to respond. Amidst the application
materials that we have there is a letter of November 28th from Nampa-Meridian Irrigation
District, which references their requirements which become conditions of approval, which
speak to protecting the easement and the waterway and the water delivery system that
the Mayor is referencing. Any encroachment without a signed license agreement is not
acceptable unless they approve it. So, they are involved in the process . The applicant is
kept in the loop.
Baldwin: Do I have access to that information?
Borton: Madam Mayor. Certainly. Yes. It's in the public record and the clerk can provide
a copy. The applicant probably can do so as well.
Baldwin: Okay.
Borton: Any questions?
Baldwin: No.
De Weerd: No. Thank you very much.
Baldwin: Thank you.
Borton: Thank you.
De Weerd: Is there any further testimony? Okay. Kent.
Brown: I think you covered --
De Weerd: If you will restate your name for the record.
Brown: Kent Brown. 3161 East Springwood, Meridian, Idaho.
De Weerd: Thank you.
Brown: Madam Mayor and Councilman Borton, I -- I believe that you have covered it
really well. State law requires us to work with the irrigation ditch company, that we need
to continue water services that go through our site. We have asked not to the pipe the
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Kennedy or the Purdham, but any of those other ditches you are asking us to pipe. We
worked with Nampa-Meridian and lateral users to pipe those facilities through our
property, so that it makes it easy for people to continue to water the way that they have
been done. That's why state law is the way that it is, that it says that we need to continue
water through our property. We are allowed, as the Mayor commented, to manipulate
that on our own property, how we want it, but we have to come out at the same place they
collect it. I appreciate being able to do this project . I -- I think that this product type
provides the city with something different than p arking lots with lots of asphalt. Having
these garages -- it's just something a little unique. I was recently visiting family in Logan.
They have a lot different weather than we do and I thought it was really interesting that
most of the apartment complexes have garages and it has to do totally with the amount
of snow that they get versus what we get and when you guys were talking earlier about
the scooters and how much usable time that is, I was going in Logan that would be
opposite, because it's sunny that other part of the time and the rest of time there is snow
on the ground. So, as we tease our relatives that we are mowing the lawn and they are
shoveling snow. That's all I have. Thank you.
De Weerd: Thank you, Kent. Council, any questions? Kent, I would ask that you meet
with the property neighbor and share the plans, just to -- to make sure he understands
that his water delivery will not be interrupted.
Brown: I'm sure John Carpenter will be glad to make sure that that happens.
De Weerd: Okay. Thank you.
Brown: Thanks.
De Weerd: Okay. Council, anything further? Yes, Sonya.
Allen: There is one other outstanding issue that I failed to mention in my presentation
and that is the applicant is requesting a waiver to not tile the Purdham drain because it's
not entirely located on this property and it is a large facility -- large capacity facility. So,
that is something that should be included in your decision. Thank you .
De Weerd: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Sonya, do we need to reflect the Kennedy Lateral as well or --
Allen: Madam Mayor, Councilman Borton. No, the Council previously -- probably 12
years ago approved a waiver for the Kennedy Lateral to remain open and not be piped.
With the Silver Oaks Development.
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move that we close the public hearing on H-2018-0125.
Cavener: Second.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just a quick comment to Kent, James and John. I think Genesis pointed it out
first -- to come back and provide a different application that takes into account a lot of the
comments that were provided from staff and the Council and the Mayor before is greatly
appreciated. You have been creative and problem solved in a way that is a much better
project. So, hats off to all of you. We appreciate your patience and continuing to work
and try and find those solutions. So, job well done. As for some of the conditions, I think
the Purdham drain remaining open seems to clearly be appropriate here. The findings
that are set forth in the staff report for the annexation, the preliminary plat and the
conditional use permit, all are well reasoned and make a clear record of what would
support approval of this project. One question on the conditional use permit , Sonya, is
are the renderings -- all of the pictures that we saw, the renderings that we are
referencing, some are black and white, some are pretty color ones and -- is it everything
or do we need to reference --
Allen: Madam Mayor, Councilman Borton, they are -- they are all the elevations that were
presented tonight.
Borton: The black and white and color?
Allen: Correct.
Borton: Okay. Madam Mayor, I'm just super supportive of the project as presented to
clearly go forward in my mind.
Cavener: With a motion?
De Weerd: Okay.
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Borton: If there is no other discussion, Madam Mayor, I would move that we approve H-
2018-0125, inclusive of the comments of the applicant with regards to the fencing, to
amend that condition -- I think it's 2.12, but whatever condition specifically references the
fencing and the applicant's commitment there and to approve the request that the
Purdham drain remain open. I believe those were the only two -- oh. And the approval
of the step down required in this application.
Allen: Madam Mayor, clarification. Did you -- on Condition No. 2.1.2 on the fencing type,
did you want it to remain with the mesh or did you want it to be wrought iron?
Borton: Wrought iron.
Milam: Second.
De Weerd: Okay. I have a motion and a second. Any discussion?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Just to echo Councilman Borton and that -- I mean two applications ago you
brought us a fantastic project. The last application was a step up from that. Your
frustration was palpable when I was with you. So, thank you for sticking with us and
coming back and I mean as Sonya was going through it I was checking the boxes in my
mind, okay, two tot lots --
Milam: Two.
Palmer: -- 127 extra parking spaces like --
Milam: Indoor.
Palmer: -- there is literally nothing else that we could ask for that in the three years I have
been here -- there is -- there is nothing anyone up here has ever asked for that you didn't
put in there and like quadruple it. So, thanks for sticking with us and coming back and
bringing us another amazing project. Come back again.
De Weerd: Any other comments?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Hey, guys, fantastic job. It's so awesome to see applicants listen and come to the
table and to provide a project that makes sense for our community and -- good job. I
really appreciate it and I -- I would hope that other applicants, other developers who are
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out there listening and watching, can really take -- you know, you could take -- they take
your lead and -- and learn from this process. You did a great job and I appreciate it .
De Weerd: I guess I would just add my two cents. I -- I would also comment on what Mr.
Palmer said. I know when you left after the last application there was a lot of frustration,
but you have listened to all the concerns that were -- were stated on the record and
addressed the reasons for the denial. This is -- this really has set a different standard.
You listened about building community and -- and a lot of the frustration in our community
has been centered around apartments. You have shown how you can build a community
with your open space, with the covered parking, with the different elevations, with the
different product types in there you offer a lot of different choices . You absolutely did
everything that the Council talked about and that's admirable. You also even phased it,
which addressed the concern of our ability to make sure as this is brought into ou r
community that we are able to serve it. So, your sensitivity to that is also greatly
appreciated. So, thank you for the time and thought that you put into bringing something
back and what -- what you did here. If there is nothing further, Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: Department Reports
A. Police: Advanced FTO Training Budget Amendment Not to
Exceed 2,500 (Net Zero) [Action Item]
De Weerd: Item 10-A under Department Reports, we have our Police Department. Are
you the -- the budget presenter in all budget amendments? Glutton for punishment.
Harper: This is my last one.
Milam: I hope everybody has lots of questions.
Harper: Good evening, Madam Mayor, Members of the Council. Lieutenant Harper,
Meridian Police Department, i.e., the uniform. I'm here to request moving 2,500 dollars
obtained from a training class -- it was revenue that we obtained from a training class
back in November. So, I -- actually I'm not asking for money at this time. I'm actually
wanting to move this 2,500 back into our training -- our training budget.
De Weerd: Thank you. Council, any questions for Lieutenant Harper? Make them good.
Milam: Madam Mayor?
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De Weerd: Mrs. Milam.
Milam: Could you -- could you give me the names of each of the participants that these
monies came from? I'm just kidding.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I move we approve the budget amendment proposed for 2,500 dollars.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 10 -A. If there is no discussion,
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Parks and Recreation Department: Homecourt Moisture ICRMP
Claim Budget Amendment Not to Exceed $108,566 (Net Zero)
[Action Item]
De Weerd: Okay. Item 10-B is under our Parks and Recreation Department and I will
turn this over to Mike.
Barton: Good evening, Madam Mayor, Members of Council. I'm here to ask for your
approval for a net zero budget amendment for 108,566 dollars that will move our
insurance settlement money into our operating budget , so we can make the repairs.
De Weerd: Okay. Any questions for Mike?
Bernt: Madam Mayor?
De Weerd: Mr. Brent.
Bernt: And just to confirm, it sounds like you are just basically going to start this process
in May when you -- when you start the renovation of the Home Court?
Barton: Yeah. Madam Mayor, Councilman Bernt, yeah, that will be -- it will be done
simultaneously, concurrently with the Home Court renovation.
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Meridian City Council
January 22, 2019
Page 37 of 41
De Weerd: Okay. Very good. Any further questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Item 10-B, a budget amendment not to exceed 108,566
dollars, a net zero to the city.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 10-B. Any discussion? Mr.
Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Mike.
Barton: Thank you.
Item 11 : Ordinances
A. Ordinance No. 19- 1807: An Ordinance (H-2018-0075– Owyhee
High School) For Annexation Of A Parcel Of Land Being A
Portion Of The East One Half Of Section 32, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, As Described
In Attachment “A” And Annexing Certain Lands And Territory,
Situated In Ada County, Idaho, And Adjacent And Contiguous To
The Corporate Limits Of The City Of Meridian As Requested By
The City Of Meridian; Establishing And Determining The Land
Use Zoning Classification Of 108.76 Acres Of Land From Rut To
R- 8 Medium Density Residential) Zoning District In The
Meridian City Code; Providing That Copies Of This Ordinance
Shall Be Filed With The Ada County Assessor, The Ada County
Recorder, And The Idaho State Tax Commission, As Required
By Law; And Providing For A Summary Of The Ordinance; And
Providing For A Waiver Of The Reading Rules; And Providing
An Effective Date.
De Weerd: 11 -A is ordinance 19-1807. Mr. Clerk, will you, please, read this by title.
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Meridian City Council
January 22, 2019
Page 38 of 41
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1807: An
Ordinance file H-2018-0075, Owyhee High School, for annexation of a parcel of land
being a portion of the East 1/2 of Section 32, Township 4 North, Range 1 West, Boise
meridian, Ada County, Idaho, as described in Attachment “A” and annexing certain lands
and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate
limits of the City of Meridian as requested by the City of Meridian; establishing and
determining the land use zoning classification of 108.76 acres of land from RUT to R-8,
medium density residential zoning district, in the Meridian City Code; providing that copies
of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder,
and the Idaho State Tax Commission, as required by law; and providing for a summary of
the ordinance; and providing for a waiver of the reading rules; and providing an effective
date.
De Weerd: Okay. Council, you heard this read by title. Do I have a motion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approved Ordinance No. 19-1807 with suspension of rules.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 11 . If there is no discussion,
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Ordinance No. 19-1808: An Ordinance Removing Park Alcohol
Permit Requirement From Meridian City Code Sections 13-2-6
(C), General Park Regulations, And 13-2-8, Regarding Denial Or
Revocation Of Permits And Appeal; Adopting A Savings
Clause; And Providing An Effective Date.
De Weerd: Item 11 -B is Ordinance 19-1808. Mr. Clerk, will you, please, read this by title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1808: An
Ordinance removing park alcohol permit requirement from Meridian City Code Sections
13-2-6(C), General Park Regulations, and 13-2-8, regarding denial or revocation of
permits and appeal; adopting a savings clause; and providing an effective date.
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Meridian City Council
January 22, 2019
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De Weerd: You have heard this ordinance read by title. Do I have a motion ?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we approve Ordinance No. 19-1808 with suspension of rules.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 11 -B. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 12: Future Meeting Topics
De Weerd: Council, anything for -- under Item 12?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Two items. One, after -- after learning tonight about the retirement of
Commissioner Yearsley from Planning and Zoning, perhaps we could do something to
recognize his service at the joint P&Z-City Council meeting that we have scheduled in
February.
Bernt: Good idea.
De Weerd: Mr. Cavener, we presented a plaque to him on -- last week before the Planning
and Zoning Commission meeting and also a certificate was presented also by Mr.
Parsons to Greg Wilson.
Cavener: Fair enough. Second thing. January is almost over, which means budget
season will be here very quickly. Last spring, early summer, Council supported the
decision to absorb the ward asset at Fuller Park. Discussion at the time was that the
Parks Department was going to replicate the same process they went through at Fuller
with Meridian Pool, bring us back some information and so as we get closer to budget
hearing it would probably be appropriate to have that report from the Parks Department
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January 22, 2019
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about what they have explored, what information we need to have available for ourselves
as we move into our budget season.
De Weerd: Okay. I will talk with our parks director and -- and see where they are at.
Cavener: Great. Thank you.
Item 13: Executive Session per Idaho State Code 74-206(1)(b): To consider the
evaluation, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or
individual agent
De Weerd: Okay. Item 13 is Executive Session.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move we go into Executive Session pursuant to Idaho State Code 74-206(1)(b).
Milam: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk,
with you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (7:49 p.m. to 8:25 p.m.)
De Weerd: Okay. I would entertain a motion to come out of Executive Session.
Borton: Move to come out of Executive Session.
Little Roberts: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Meridian City Council Meeting Agenda February 5, 2019 – Page 152 of 736
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January 22, 2019
Page 41 of 41
Borton: And I would move to adjourn.
Little Roberts: Second.
Bernt: You would?
Borton: I would and now I will move to adjourn. I hereby move to adjourn.
Little Roberts: Second.
De Weerd: Okay. I have a motion and a second to adjourn. All those in favor? All ayes.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 8:26 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR Teq&IY DE WEERD DATE APPROVED
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