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HomeMy WebLinkAbout2020-03-17 Regular Meridian City Council March 17, 2020. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, March 17, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Cameron Arial, Caleb Hood, Joe Dodson, Jeff Brown, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun (6:15 pm) _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, it is Tuesday, March 17th. 6:01 p.m. Open this City Council meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Adoption of Agenda Simison: Item No. 3, adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Cavener: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there discussed on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. The agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Future Meeting Topics Meridian City Council March 17,2020 Page 2 of 53 Simison: Item 4, future meeting topics public forum. I understand we have no one who has signed up. Johnson: Mr. Mayor, that is correct. Item 5: Department Presentations A. Presentation and Discussion of the Draft First Amendment to the Meridian Revitalization Plan Simison: Then we will move into Item 5-A, Department Presentations, and this will be a presentation discussion, the draft first amendment to the Meridian Revitalization Plan. Arial: Mr. Mayor, we are going to be calling in two consultants who helped put together the amendment and the draft plan and so we will just get them online. They may be joining. We may not need them as well, but we wanted to make sure that that resource was available for you all if you had questions. Mr. Mayor, I am -- I'm swapping out with Caleb, so I did hear your previous discussion about the budget amendment and the transportation letter and the priority. So, appreciate the support there, but just trying to be sensitive to the situation. But I wanted to discuss with you briefly the proposed de- annexation, as well as the -- the new plan for this evening. It sounds like we have the consultants on with us now. Armbruster: Yes. Arial: So, really, this is the -- Armbruster: Ryan. Arial: -- the next step in this. We do have -- it does need to be kind of a two step process where we will have the de-annexation first, so we will look to take the proposed parcels out of the existing plan and, then, from there create a new plan for those parcels. I did attach a memorandum for each of you kind of outlining the rationale behind this, as well as kind of our summary of the -- of the documents. I will just highlight just a couple things. First of all, the de-annexation, it-- it really is, all intents and purposes, as far as monetarily, it's a deminimis amount to the existing district, as well as MDC in general. So, after talking with MDC we are talking about 12,000 dollars or so of -- of increments that would be, then, replaced. If everything goes well you have the -- you know, the full redevelopment of the parcels or at least of the -- what we know of the Galena parcels of over 125 million dollars of investment into our downtown that would generate approximately 600 and -- excuse me -- 16,286,000 dollars. So, again, from just a numbers perspective this is a phenomenal opportunity for us. The thing I would highlight for you all is this does enable us to tackle some things that would otherwise be very difficult to do from a private developer-- development perspective and I think that that's what the proposed plan really gets at. We are trying to tackle a number of things that just simply wouldn't occur otherwise, things like public parking, things like potential movement of irrigation -- Meridian City Council March 17,2020 Page 3 of 53 irrigation laterals. Potential improvement of -- of right of way and things like that. So, don't want to belabor this too much, but, again, we are removing properties that are in the existing plan and, then, creating a new plan specific to both properties. The purpose of -- of this for each of you is to consider the information, to provide any feedback that you may have to us, that we can, then, pass on that -- so that we can make sure that that gets into the -- the final document that has been publicly heard and addressed and, then, ultimately if you so choose adopt it into a new -- new district. So, with that it sounds like we do have our consultants on the line. I'm certainly open to any discussion or question. I'm just going to leave up here the actual area, so we could have at least a visual. I also have the plan that was in your packet, so if you want to talk to anything specific we can quickly go to that and talk through any questions or comments that you may have. Simison: Thank you, Cameron. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was hoping that you could touch on -- touch a little bit on what the key risks might be. Are there any -- what are the key risks that could -- that could happen associated with an urban renewal district, like this de-annexation and, then, reestablishment of one and, then, why do you think those risks -- how do you think those risks are being mitigated? Arial: Thank you, Mr. -- Mr. Mayor and Council Woman Strader. So, I think, you know, certainly that is a -- that is a question that we need to consider. There is -- as far as a monetary risk, I think -- I mentioned that in the -- in the memo. It really is a deminimis amount to MDC and their obligations and their ongoing operations. I think where that truly is mitigated is the overwhelming abundance of additional revenue that would be generated and so, yeah, there -- there would be a potential loss. Let's say we just, you know, we de-annex, nothing occurred, the project didn't go forward, something didn't happen, yeah, we would lose approximately 12 -- 12,000 dollars in increment. That being said, you know, after discussions with MDC, you know, they are -- they are comfortable with that risk and -- and look forward to the potential, you know, additional revenue that would be generated. Strader: Mr. Mayor, follow-up. Simison: Council Woman Strader. Strader: Thank you. That's helpful. I think --just thinking a little bit deeper and I want to try to -- I'm thinking out loud here, so I apologize. Is it that, you know, provided Galena is making the investment in the civic block, the assumptions behind the tax increment revenue that will eventually come from this essentially cover the forgone property tax -- I mean can you kind of walk through the mechanics of how that works and how any kind of gap between the private investment and what we think we need to recruit is -- is Meridian City Council March 17,2020 Page 4 of 53 mitigated because we feel like it -- for example, you know, did they sign a contract, they are moving forward, they lined up their construction financing --just kind of give me a feel for where they are at and why we feel like that is kind of locked in. Arial: Mr. Mayor, Council Woman Strader, so, again, great question. So, there -- you know, as far as the -- the Galena project, I think you guys are generally aware of where that's at. There was the -- the hearing before P&Z that was unanimously accepted for their height. That is the primary driver of -- of this additional value and, therefore, additional tax increment revenue. So, we -- we have good -- have had and continue to have good conversation with Galena and their representatives. I believe one of them, Mike Chidester, is -- is observing and could be available if you would like to question him on, you know, where they are at in their commitment to the project. Like I mentioned at the -- the tail end of the -- of the memo here, you know, we -- we perceive going full steam ahead with not only the community center and community block -- civic block projects, but every indication we get from Galena is that they are moving forward as well. I do think -- I will point this out as well just in the memo, I think this is a -- certainly a consideration is, you know, the -- the investment would generate over 16 million and, again, that this may be a question for Mr. Kushlan, who is on the line with us, but that was a conservative number, that that -- that that investment would generate. We are anticipating using about 15 of that and, then, when you consider the city's participation of approximately three million for the community center, that would reduce that number to about 12. So, we feel like, you know, give or take we are in a good conservative spot considering that this moves forward. Like I said, if -- if nothing does go forward, then, we are -- we are going to be de-annexing 15 properties that generate about 12,000 dollars of increment. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And I apologize, I will stop hogging the mic, but it sounds like limited downside risk in the event that it doesn't move forward. It doesn't sound like we are taking a lot of -- I guess what I'm trying to get a feel for is -- is the city taking on any kind of market risk in terms of the success of commercial businesses in this area in the future, you know, is somehow driving whether this is successful or not. I feel good about the Galena project and as long as they are moving forward it seems like the upside in terms of the investment that we are making in this area would really revitalize it, but I just -- I wanted to get a feel for, you know, is there any kind of risk that I'm missing here or some kind of downside scenario, particularly if we are heading into a bad economy. Arial: And, Mr. Mayor, Council Woman Strader, so, yes, definitely to market risk. It's particularly hard to address kind of the unforeseen -- I mean, again, so worst case scenario nothing occurs, Galena walks away and we continue to have, you know, the blighted areas and, then, we would potentially do something else with the civic block, you know, is there --what is that risk. I think that that could be a true risk, you know, but that's -- that's up to Galena to take -- not necessarily us -- I think if we were to see that occur Meridian City Council March 17,2020 Page 5 of 53 we would arguably be in the same scenario we are now. So, downside risk of that market occurring I -- again, kind of talking off the cuff, I'm not sure I can say to much there. Armbruster: Mr. Mayor, Council Member, I mean one of the advantages by doing it the way it's proposed is that you are resetting the clock. So, you will have a full 20 year period for development. So, even assuming you go through some economic cycles, certainly the intent is that within the 20 year period you are going to redevelop property that for now has set pretty much fallow for most of the period of the 2002 plan. Simison: For the record was that Mr. Kushlan or -- Armbruster: That was -- that was Ryan Armbruster. I'm sorry. We are trying new technology and that's great, but always kind of forget the formalities when you are linked up by mobile device. But, yes, Ryan Armbruster representing the developer. Arial: Okay. Simison: Thank you, Ryan. And for the record I just want to show that Councilman Hoaglun has joined us at 6:15. Are there further questions? Strader: Thank you. Simison: Okay. Thank you very much. Arial: Thank you. B. Presentation and Discussion of the Draft Urban Renewal Plan for the Union District Urban Renewal Project Simison: Well, I guess that leads us into Item 5-B. Armbruster: Well, thank you very much. Appreciate the opportunity. Have a good evening. Bye. Simison: Cameron, are you -- Arias: Yea. That's me as well. So, again, this is just the follow up to that, which is now the -- the plan itself. So, again, the de-annexation, the amendment to the existing plan, now the plan itself that would be proposed for the -- for the de-annexed properties going forward. So, again, here just to hear any comments that you have to the proposed plan. Simison: Council, any questions or comments regarding Item 5-B? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council March 17,2020 Page 6 of 53 Cavener: Just a brief comment and speaking I think a little bit to Council Member Strader's question about risks and I think the part where I have been struggling on this project -- I love the concept of the -- the civic block and when you look at the potential for downtown it's very intriguing. My concern is is that -- I think in part because of good leadership at the MDC we have been able to be off the legislature's radar in terms of concerns and criticisms about urban renewal for nearly 20 years. I worry a project like this that benefits one single entity would very quickly land on ourfriends in the legislature's radar and as we have seen this session, their desire to be more and more invested and involved in local government seems to be growing, not -- not decreasing, so -- and Cameron and I had a chance to talk today and he is aware of my concerns. I just -- I recognize the opportunity and as somebody who loves downtown and wants it to be successful, I just worry about the potential risk we face -- both urban renewal in general, how it impacts Meridian if we move forward with a project with a single entity that benefits. I think it's important for Council to be aware of that, at least my perspective, as we continue to move forward. I'm open to continuing the conversations. That's why I was supportive of the action items last week, but I think it's something that we need to be paying very special attention to as we move forth in this process. Armbruster: Mr. Mayor, Council Members, this is Ryan Armbruster again. So, actually, this project, which is pretty focused and under one ownership, is really the kind of project that the 2016 legislature, when they made all those changes, really anticipated. So, it's a very focused, very finite project, so it would seem to at least meet most of the objectives that the legislature has indicated concerning project scope and project breadth. Simison: Thank you, Ryan. And I think everyone looks forward with these -- with their own eyes. I view this much like the Ten Mile project, which was very similar, done in conjunction with one group for one purpose. The property was bigger. But this is simply the same type of situation for the most part. You know, there may be a few changes, but I don't want to dismiss what Councilman Cavener says, it is a -- you know, every urban renewal is -- every urban renewal project, in my opinion, has the potential to have the legislature re-question their use of urban renewal by anybody. Cavener: And Mr. -- Mr. Mayor, if I may. Simison: Councilman Cavener. Cavener: I think -- if my memory serves, I don't think I was very supportive of that project at the time either. Huge regret. Absolutely was wrong about that. But I voiced concerns about the -- I think at the time of limited ownership group. There were multiple members. This one for me takes it just even yet another step further, because there is only one single entity that would benefit. So, I think that the conversation is good. I appreciate the dialogue between you, Mr. Mayor, Council Members, and staff. I think everybody is going in the same place. We want to do something that's great for our downtown and great for our community. I'm just a little apprehensive about this step that we are going to take together. Meridian City Council March 17,2020 Page 7 of 53 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I had similar reservations as Councilman Cavener on this, looking at it going, boy, this is a very focused, very individual and --and so I carefully went through the project and the rules and -- and what the legislature puts in place for urban renewal district creation and in going through that and the report that -- that was developed, I -- I find that we meet the rules and the --what--what they determine is the correct use of the funds that we gather for redevelopment, for everything that these districts are created for, I felt like, okay, we are meeting that and if they want to go ahead and later say, oh, because of this we are going to change the rules again, so be it, but for what's written and what's there to me it -- it met the criteria for urban renewal. So, I -- you know, again, I think Councilman Cavener is correct in saying that, well, this is going to put a target on us -- yeah, it might, but we are playing by the rules that they set, so I think that's -- that's fine. We can -- we can -- I'm comfortable moving forward then. Strader: Mr. Mayor? Bernt: Mr. Mayor? Strader: Oh. Simison: Council Woman -- Bernt: Ladies first. Simison: Council Woman Strader. Strader: Just a quick comment. You know, I -- I think we run that risk all the time of the legislature, you know, changing their whims and changing the rules that we are playing by, clearly, but we have a limited opportunity set I think to use this tool and it seems like this is -- from a timing perspective and the catalytic project, this is that -- kind of meets what we need to try to transform downtown and it feels to me like the downside risk is fairly boxed in and that has gotten me more comfortable. So, I'm supportive of it. Simison: Councilman Bernt. Bernt: So, I -- I had the same reservations and questions as did many others who are on the MDC commission. For the record I am a commissioner on the MDC commission and I did --and we all know that there is always a moving ball at the state legislature, especially as it relates to urban renewal and so it's tough to have a crystal ball as to what they are going to -- how they are going to approach it. There is strong -- there is some legislators who have -- definitely have some strong opinions in regard to urban renewal and I respect that. I -- we did ask Mr. Turlington, who is the contracted lobbyist for MDC at the statehouse in regard to this concern and he mentioned that he didn't have great concern Meridian City Council March 17,2020 Page 8 of 53 because of what was discussed earlier in regard to the rules and what we are doing and dotting our I's and crossing the T's and so MDC has historically been a model urban renewal district, like Mr. Cavener mentioned earlier, so just wanted to state that. Thank you. Simison: Are there any further questions or comments from Council? Okay. Thank you very much. C. Fire Department: Staff Report Discussion Arial: Thank you, Mr. Mayor, Members of Council. Appreciate your -- your dialogue. Simison: Okay. Item 5-C, Fire Department staff report. Turn this over to Chief Niemeyer. Niemeyer: Good? Hey. Whoa. There we go. Good evening, everyone. Just checking to see if you are awake. Mr. Mayor, Council, thank you. Originally Joe was going to be working from home tonight. We had a little switch today, so we just stuck with the plan and I'm presenting. This is, however, Joe's presentation. I want to take the opportunity, in the interest of time, to briefly walk through our staff report and to answer any questions. I know there has been a few questions over the last few weeks. I wanted to make sure we were able to walk through that, get any questions answered as we move forward certainly with development in our community. The first thing that we look at with regards to the staff report is our travel time. I want to briefly touch on the entire response time, because that's a piece of the puzzle that we don't articulate throughout. So, somebody calls 911, your house is on fire, that's about a minute long process for the call taker to take all that information, get it into the system, get in the queue, push the button, get those tones going to our stations. So, we are one minute in there. We have a 90 second mandated turnout time. Or that's our goal. I apologize. Our goal is 90 seconds. Turnout time means from the time the bells go off in the station until the time the wheels roll out of the station. That's day or night. We are at about 80 seconds average right now. So, we are under our goal. That is a standard goal. I know there was some questions about what are others doing, what's best practice with that. That is best practice. So, we are about two and a half minutes there already and, then, we add our five minute travel time, which are our wheels rolling goal. So, from the time we leave the station to the time we get on scene our goal is five minutes. We are just under that goal currently in the department. We have been able to maintain just under that. So, that's the -- that's the reasoning behind the five minutes. I know I have been here before, so I don't want to be repetitive, but the reason that's important -- in a structure fire we have about four to four and a half minutes to get there ideally -- in ideal circumstances to get that fire contained to where it started. The room of origin is what we call it. After that for every minute that fire burns it's doubling in size. We want to get there early to stop the fire. On the medical side in cardiac arrest, we have about six minutes to get there before brain death. So, we need CPR going, we need medications pushed, defibrillation. That's where those standards come from. So, there is some science behind it where they determine this is the standard that you want to shoot for. The national standard, just so you know, is four minutes. We locally looked at that and, quite honestly, a four minute travel time -- we Meridian City Council March 17,2020 Page 9 of 53 would have about four more stations when we ran our analysis. I think Councilman Cavener asked the question what -- what is Boise's standard. They are four minutes for a planning purpose goal, as well as Nampa. I reached out to Chief Carpenter and that's what Nampa uses for a planning tool, a planning goal. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Is that -- then from a planning perspective is much different than the actual? Niemeyer: Yes. Their actual -- Cavener: What's the actual? Niemeyer: Boise's actual is five minutes and 30 seconds. They also use a percentile or a fractal. We use an average. There is two different ways you can -- you can run your numbers. We chose to use average years ago. They use a fractal. So, what that means is 90 percent of the time in the Boise Fire Department they are arriving in five minutes 30 seconds. With that page two -- and I apologize it's not in color, but I was trying to save some ink. That is the map that you have seen before. That's the planning map that we have been using. This is the map that Joe is now using. This was developed by our GIS team, Doug Green up in IT. So, we are all consistently using the same map. The challenge as you look at this when you are trying to determine from point A to point B how long would it take us to get there, you can use Google, you can use MapQuest, you can use -- there is -- I don't know what others are out there, but every time you might get a different answer from each one of those, because of traffic, road conditions, et cetera. We are using a static map that Doug developed. We can look at this map as compared to where the parcel is and know if it's within or without -- outside our five minute travel time. So, we are using a consistent map here that IT has helped build for us as part of that planning effort. The next thing we look at is station reliability. That is simply -- simply put, how often is that apparatus from that station able to handle calls within that geographical boundary. We like to be 85 percent or higher as far as reliability. All that means is when we are below 85 percent we start talking about, okay, let's start watching this station. Is the call volume going up? Is road construction tying that. It's kind of a check and balance. When we get down to 75 percent we start planning to talk about what do we need to implement within that station to augment the response. That could be something as simple as let's look at our EMS responses. For those of you that were on Council, we did that two, three years ago where we said let's quit going to all these EMS calls and we did that as a system. We actually saw our reliability improve, because we weren't responding to as many calls in the jurisdiction in that district. With our growth we are starting to see that call volume within each district rise. Our busiest station right now is Station One and we are just over 3,000 calls and when I got here as the chief ten years ago I believe we were at about 1 ,200 calls at that station. So, you can see the increase in the -- in the call volume. So, that's station reliability. That's another factor we look at. On that next page you can see how we capture that reporting. That comes through a Meridian City Council March 17,2020 Page 10 of 53 database system called FireView that calculates that station reliability and it's taking those factors into play. Call was here. Which unit went. Was it the unit that's assigned to that station. And that's how we correlate those two things together. The next one is just a simple look at what's the risk of whatever development is going in and the higher the risk the more hazards there are. So, residential, just a residential development is our lowest risk as we look at our risk factors. When you have residential with hazards --for example, not necessarily in Meridian -- in some subdivisions in areas around us they have deep ponds. That would be that additional risk factor besides just the residential homes going in. Commercial is right in the middle. Commercial with hazards. And, then, industrials are our highest risk. We don't have a lot of industrial development, but when you do you bring in -- incorporate hazmat, technical rescue, et cetera. So, that's on the risk factors. Accessibility. Joe looks at access and road widths to make sure they are in compliance that we can get our apparatus into that -- that development and make the turns that we need to make. Specialty resource needs. Anything higher than three stories we -- we -- will trigger that. Requires a ladder truck to get beyond that third story. Our ground ladders can only extend to three stories. So, if we are anything above that that aerial ladder device gets us to the roof, it gets us to windows, it gets us access to where we need to go. We also look at any potential water rescue, hazmat or technical rescue. For example, any development down on the south channel of the Boise River we would be looking at water if we developed right along the river there. And, then, there is additional comments. Any additional comments Joe has. So, I would certainly stand for any questions. Hope to clarify anything or just provide this update. Simison: Thank you, chief. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Chief, on the risk identification point scale, if I'm reading this -- am I reading this correctly at -- for example, residential development with hazards is categorically always less risky than commercial development? Niemeyer: Yes. Borton: No matter what. Niemeyer: Yeah. That's -- that's a standard -- you know, there is all kinds of variables you could throw in there. I think -- and Joe can certainly speak to it. I would guess that he -- if we had a residential with hazards, for example, ponds, there may be a comment to mitigate the hazard. Put fencing around the pond or limit access to the pond. That would be an example of a comment. So, you might have some -- and I will let Joe chime in. Bongiorno: Typically -- sorry, Mayor and Council, typically if we have something like that it's going to be an open waterway of some sort. The -- sometimes I will throw a hazmat Meridian City Council March 17,2020 Page 11 of 53 thing and you're like this is a residential neighborhood, why are you throwing a hazmat in here. Because we have inventive people in the city that like to make biodiesel in their own garages that is not allowed and, then, they spill it and it becomes a big project. So, that's why a lot of times you will see -- what's he talking hazmat for. Because we never know what people have in their houses. So, that's always just a risk that's there, but we can't really calculate it. Niemeyer: If I could add one more thing, Councilman Borton. And part of that risk -- as we look at risk it's how many things do we have to send to that call to mitigate the issue. So, even in a residential neighborhood with some hazard, it's going to take less resources to mitigate those emergencies than it would R.C. Willey with a fire. We are going to send more resources to that fire, because it's a much larger box type building to mitigate that. Even though it might have sprinklers, we send more units initially to that, because it's just bigger hazards. Borton: Interesting. Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chief, appreciate you bringing some of this back. As is often the case your responses, then, come with maybe a few additional questions. Niemeyer: Sure. Cavener: I'm curious how -- in the fire service or in Meridian this -- we have been talking a lot about travel time it seems lately like and I'm curious when you are taking those averages if you have the ability to separate travel time for calls within the city versus travel time for calls that are served within the rural district and how if those calls that are made after the rural district are skewing our average in any, way, shape or form. And I don't need an answer on that now and I hate to bring this back, I hope that I won't have more questions from them, but I just think it's something we have been talking a lot about lately, so having real data about how a development in Meridian could potentially impact travel times and fire response times within Meridian I think is really important. To me that also, then, goes back to the cost of delivering fire service and what if -- if the fire service has a -- a standard for this is what a cost per call is and if you look at that as what it costs to deliver a response in the city versus response to a residential that's within the county, but we are serving in the district -- do you get what I'm saying? I just want to make sure that we are really looking at what our cost is to our -- our taxpayers, recognizing that our taxpayers help pay the cost of -- of service to the rural, just like the rural department with ours would bill the capital. I'm not trying to say one is more important the other, I'm just trying to get a good sense of what our ongoing cost would be and at those times within -- if -- if serving the rural is impacting our ability to have the clearest data about how a development would be impacting Meridian. Meridian City Council March 17,2020 Page 12 of 53 Niemeyer: Perfect. I got those two questions written down, Councilman Cavener, and I will follow up on that. Cavener: Great. Thanks. And we can check offline if it's -- if it's beneficial. Niemeyer: Perfect. D. Fire Department: COVID-19 Update Simison: Any further questions for the chief? All right. Thank you, chief. Appreciate it very much. Yeah. Why don't you go ahead and go into 5-D. Niemeyer: Sure. Mr. Mayor, Council -- and I'm going to maybe be a little all over the board with this. As you can imagine it's been nonstop. I have been up since 1 :30 this morning. Brain's getting a little fuzzy. But I want to provide an update with you on the efforts that have been going on with regards to COVID-19. This really started about a week, week and a half ago, discussions about this is coming, we need to prepare. So, we laid out, basically, a three phased approach for the City of Meridian. Phase one was information sharing. When it came to wash your hands -- I mean the messages we have all heard and reinforcing that message. We prepped our responders with the Coronavirus information education. Made sure that we had the right PPE and equipment for our firefighters, our police officers, our paramedics. So, it was really that -- that preparing phase was phase one. We just went into phase two not too long ago and that was with the first confirmed patient or victim and since, then, we have moved into basically phase 2.5 where you are now seeing further restrictions in limiting movement. I will say I want to just thank Mayor Simison for his leadership. We did have on Friday an elected officials meeting where we had the mayors throughout the valley, as well as commissioners in both counties there. I have been doing this 29 years, I have been through several different of these iterations of local disaster. H1N1, the Ebola, H5N1, Y2K -- the list kind of goes on and I have never seen collaboration like this. This is a regional valley wide issue. It's not a city issue. It's not a county issue. It's going to become a statewide issue. So, the more we can collaborate and share -- I will tell you we are -- we have prepared for disasters like this for a long time, but I also need to be honest, I have never seen something like this. This is different. But we are prepared for that and we are moving forward as a -- as a group with that. So, with the city in the -- in kind of this 2.5 iteration we are restricting down and you can see the seating behind. That's one of those moves. The work from home that you are seeing is one of those moves. I do believe we are absolutely doing the right thing. As we looked at what others are doing that -- that had this virus ahead of us, we are doing the right things and we are prepared for the next step. From a first responder standpoint I want to touch on that as well. We have been meeting -- we had our first large multi-agency coordination group meeting on Tuesday. Typically in a disaster -- or in -- in a crisis you would have a county EOC setup. That's very common. We recognized very early on that our two counties need to work together. We have cross-commute, cross-commerce, so let's start off working together. Those groups made up of first responders, law enforcement from across the entire valley, have been working together since Tuesday. We met again today to ensure that our plans for Meridian City Council March 17,2020 Page 13 of 53 emergency response to our communities are solid and they are. We are prepared for that. We are also starting to look at the next layer in which you would look at typically in an EOC the next layer of what's coming. We know that deliveries are sometimes sent. We want to make sure deliveries occur. Our homeless populations that we may have throughout our valley, are we taking care of them. Our high risk population, are we taking care of them. We are interacting almost daily with Central District Health and Southwest District Health, as well as the hospital system. Well, St.AI's, St. Luke's and the VA Medical Center. So, I feel confident we are ready if this gets worse. Our challenges right now -- and we are working very hard on that -- is supplies. As you can imagine you have seen in the news some of the N-95 masks that our responders wear, we started this with 21,000. So, we had a good supply. We were able to outfit every fire department, every EMS department, as well as every law enforcement department. We are actively searching and working with vendors for more. I just had a phone call today from a vendor. The price of those masks is now eight dollars each and we need about 10,000 if this thing continues. So, do the math, that's 80,000 dollars. So, there is some cost to this -- this epidemic coming. Again, I feel very comfortable -- and I'm going to open it up for questions, because I kind of walked through where we are at today. I have just been meeting all day on this and we will be meeting all day tomorrow and all day Thursday and Friday and we are going to stay on top of it. We have a good group of people, both on the elected official side, as well as the first responder community, working with all the partners throughout the Treasure Valley on this issue. Simison: Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chief, sorry. Appreciate your -- your leadership. You know, this has been a challenging time for everybody, but I'm sure for you and your staff especially. I got I guess a couple of questions. You talked about being prepared for the next step. In your mind what is that next step and what do we as a community also need to be doing to be prepared for that? Niemeyer: I think the next -- next logical step is to see multiple positive cases and, then, the next step beyond that is to see clusters of cases. The Central District Health is tracking where those cases are. I think that is our next step. If we begin to see clusters of cases of positive tests, which we could see, that is going to just ramp up even more our efforts that we have already laid out. Chief Butterfield, the entire operations group, has been talking about how do we deploy in that situation. The other challenge is we are the first responders in the community and there are always chances that we are exposed at all times, even PPE. They have a plan in place that if we have folks that we have in self quarantine and we have a reduction in workforce, we are working collaboratively and together to make sure we are still covering the needs of emergency response. That would be the next step. Meridian City Council March 17,2020 Page 14 of 53 Cavener: Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: At that point you said we are on step 2.5. From I guess the community emergency preparedness group, how many steps have you guys planned for and is -- does clustering -- is that step three? Help me understand kind of where you guys are envisioning this thing could potentially go. Niemeyer: That's a really good question, Councilman Cavener. We -- let me first say we take our lead from the health district. This is a healthcare crisis, a health emergency. So, we take our lead there. We also take our lead in turn from the CDC and those two are tied together recommendation wise. You just saw the CDC go from a 250 mass gathering recommendation down to 50. 1 understand there is a chance -- just tonight a change to ten. I got to look. But that change is there. So, I think we would take our lead where the Central District Health says now stay home, don't congregate at all. That is the next step. It's really that -- that nobody move anywhere for -- for a little bit. I know President Trump has -- has addressed the country and I think he's right, you know, the more we can limit movement -- he mentioned the 15 days. There is health experts that I have mentioned the 15 days of just stay at home, don't move around for 15 days, that will help contain that spread. Cavener: Mr. Mayor, one more if I may, then, I will be happy to turn over the mic. I guess you are kind of getting to as -- I work with staff all across the country and so we are hearing in different states you have got local, county, statewide mandated curfew, quarantines, public cannot leave their homes. On the steps that you guys are planning for, where is that step? And I just -- I don't want to create panic with our public, but I also think that -- what I'm hearing from lots of folks is that this is an inevitability and so I'm just hoping that we as community leaders can be at least educating our public about what will trigger those types of responses that they can be prepared. Niemeyer: I think the trigger really is the clusters. When we start to see clusters in the community -- and, again, not to pawn that off on the health district, but we really do take our lead from them. But that next step is coming out with strong recommendation, strong language in our messaging to stay home. At the -- at the -- we are going to tell you you have to stay home, that's a different conversation. That's an extreme. I think the president mentioned that, that -- that that is a possibility just to stop the spread of this. But that's an extreme measure. It takes a lot of discussion, a lot of thought, and a lot of approval. Yeah. Cavener: Okay. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council March 17,2020 Page 15 of 53 Perreault: Chief, the -- there has been a variety of reports regarding the accessibility to testing kits and it seems like there is -- there is a lot of confusion in the media right now about whether -- whether individuals can go get tested on their own or if they have to come through emergency service, whether they can walk up to the hospital or if they have to have certain diagnosis. Can you just share with us is there -- is -- are you comfortable with the -- your ability to take --to take individuals to the hospital and get those tests done in fairly short order? Niemeyer: Yes, I am comfortable. Just today -- and I don't know the details. I have been in meetings all day, but I understand St. Luke's in Meridian opened up kind of a drive-thru test. St. Luke's downtown is going to open up tomorrow that capability. You know, talking with the medical community -- and I understand why they are doing this. A lot of folks want to get tested. You know, there is that fear; right? We all have it. I mean I think that's an honest answer. We all have that little bit of fear of what is this. So, when you're not feeling well you want that knowledge of what is this. The challenge with testing is unless you are symptomatic to the levels that all of the physicians are recommending, the doc's going to say you're not meeting that criteria. And I know that's super hard for our community to hear. It's hard for me to hear. But it makes sense medically and so I think anybody that -- that has that criteria met there are tests out there to be tested. The test kits are not the problem right now. The delay in just the number of tests going into the labs, that's the challenge. They are turning those around as quick as they can, but they are getting a lot. So, that's, really, kind of where the --where the anxiety can live, because you are waiting for that result to come back. Either way the treatment is pretty much the same, especially for the healthy folks in our community. They are going to stay at home, they are going to quarantine, and almost everybody's going to get through that. We need to make sure we take care of that -- that risk population. Simison: Are there any -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: One more. Thank you, Mr. Mayor. And maybe this is a question for Mr. Mayor. Chief, you mentioned we haven't seen anything like this and, you know, the only other time we kind of experienced something really impactful to a community is -- is our large snowstorm that we had I think three years ago. At the time the Council authorized budget authority to provide for extra plowing and for emergency response. From your perspective is that an action that we should be taking or, Mr. Mayor, are you looking for us to do proactively? I just want to make sure that -- that our emergency responders -- the city has the -- the funds that they need to be able to do the things you think is best to protect our community. Niemeyer: Mr. Mayor, Councilman Cavener, I can answer that. We are working up a cost. We know there is going to be a cost to this. We didn't know -- what does that cost Meridian City Council March 17,2020 Page 16 of 53 look like, depending on how this progresses. We are developing a cost to bring back for your consideration at some point. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm curious if-- you know, not -- not to overly worry people, but to prepare them appropriately. In the event that someone has a compromised immune system, they really are limited at this point to being at home. Maybe they are elderly. You know, how -- how does it look in terms of some of the resources we have heard in the community that are available, you know, ways for folks to get groceries delivered -- I mean have people started thinking about scaling that up, though, logistically? Niemeyer: We have. That's a great question as well. We -- we do have a social services branch within that group that I talked about that's working valley wide. As you can imagine that ICS org chart is pretty deep on this. We have transportation. We have social services. We have homelessness. Some of those boxes are being filled by people who are focusing on that very thing. The challenge is with this one -- this is unlike what we have faced before. So, we have prepared for earthquakes. I know who to call if you have an earthquake. I know who to put in the boxes, who to bring in. This one is so much different, because you have so many different groups involved in trying to mitigate this. So, it's -- Joe Lombardo is doing a great job from Ada County Emergency Management in bringing the right people to the table to have those conversations. So, we do have a social services branch on that. And I think it's a good reminder -- I will just grab the dais for a little bit. It's a great reminder as we are all running to the grocery stores to try and get lucky and buy toilet paper, because it's out, it is a great time to make sure your neighbor is okay and that's going to help get us through as well. If you have got toilet paper and they don't, if you have got produce and they don't, if you have got anything and they don't, it's a great time to be a community and to make sure that we are helping each other out and I think -- I think over time that message is going to continue to resonate and continue to build, knowing that we can get through this together and I think that will be a message we continue to send. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: You know, we have -- I think in the city we -- because of our development application process we have really good connection through NextDoor and just a comment or maybe something to brainstorm about would be a way to use some of those forums, if this does escalate into a phase three or something that's not a good scenario, having -- having some kind of a plan or a central place that people could contact for help if they did need to get groceries or they did need help with something I think would -- it would be great if we could get to that point. Thank you. Meridian City Council March 17,2020 Page 17 of 53 Simison: Are there any other questions for the chief? Niemeyer: Probably be another update next week I'm guessing. Okay. Thanks. Item 6: Action Items A. Public Hearing for Everest Surgical Institute (H-2020-0013) by Jeremy Telford, Arete Investments Group, LLC, Located Approximately % Mile South of E. Franklin Rd. on the West Side of S. Eagle Rd 1. Request: To Vacate plat note number 7 on Mystery View Subdivision (PFP-01-005) plat map restricting Lot 2, Block 1 to single-story buildings only. Simison: All right. Thank you. With that we will move on to item -- into our action items for this evening. Item 6-A, a public hearing for Everest Surgical Institute, H-2020-0013. I will open this public hearing with staff comment. Dodson: Good evening. Thank you for having me. Item 6-A is for Everest Surgical Institute -- is a request to vacate plat note number seven on the Mystery View Subdivision restricting Lot 2, Block 1, to a single story structure as you can see here, Lot 2, Block 1 -- by Jeremy Telford, who is in attendance here tonight. The plat note and subsequent story restriction was added to the approval in 2002. However, the single story restriction is not necessarily effective as it did not limit the overall height of the building. So, as a single story or a two story building it could be built at 35 feet currently with the plat note or without. The applicant is proposing to build a 15,800 square foot ambulatory surgical center on this property under the maximum height of the 35 feet. If the plat note is to remain he states he will have to build the property approximately 56 feet from the properties to the -- the residential properties to the north. If the plat note is vacated, the applicant states the same amount of building, same square footage, can be built 65 feet further away, which would bring it to about 120 square -- or 120 feet away from the residential properties and would allow an additional 26 more parking spaces. In addition, the applicant has discussed this proposal with each of the residential neighbors that abut the property. This is for the last comment I made. The applicant has discussed this proposal with each of the residential neighbors that abut the property to the north and has garnered support from each of them, as can be seen in my staff report from the nonopposition statements that each of them signed. They all agree that they would rather have a two story building further away, rather than a one story building closer to them. To reiterate, the landscape buffer requirement for this zone against residential uses is 20 feet. So, this applicant or any applicant could theoretically build a 35 foot tall building at the 20 foot buffer line with -- you know, meeting all code requirements. This applicant does not want to do that as he wants to be a good neighbor. Staff is recommending approval of the request to vacate plat note number seven as proposed by the applicant, as the vacation will allow the building to be the same size on a smaller footprint located Meridian City Council March 17,2020 Page 18 of 53 further away from the residential properties and, therefore, meeting the original intent of the plat note. No further comment. Simison: Okay. Thank you very much. Council, any questions for staff? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Not a question, but a comment. I think this is your first presentation to Council; right? Dodson: Yes, sir, it is. Bernt: Are you a little bit nervous? Dodson: Just a little bit. Bernt: Doing great. Did a great job. Dodson: Thank you. Bernt: Pleasure to meet you. Dodson: Pleasure to meet you. All of you. Thank you. Simison: Okay. Would the applicant like to come forward. Telford: Do I need to state my name and address? Simison: And address for the record, please. Telford: My name is Jeremy Telford. I reside at 2048 West Astonte Street in Meridian, Idaho. Mayor and Council, thank you for having me. I'm going to plug in here and I'm just going to show you -- more out of -- just so you guys understand why we are doing this and also what we are doing. This is going to be approximately a six million dollar building that we plan to build within the next year. Can we toggle for -- for those of you -- ambulatory surgical centers are a popular trend right now in surgical services for medicine. Apart from hospitals, ambulatory surgical centers allow doctors to actually own their own facility and capture some of those facilities fees. Last year over -- I believe it was 80 billion dollars was saved by Medicare nationwide by shifting minor surgeries that don't necessarily have to be achieved in a hospital to ambulatory surgical centers, because nowadays what used to be a three week stay in a hospital people walk out two hours later and so the word ambulatory meaning outpatient is just the -- the product that we are putting in. The building is located just to the west of St. Luke's Meridian. It's the -- to the left down here on the bottom is also the surgery center -- or Surgical Center of Meridian City Council March 17,2020 Page 19 of 53 Idaho and the Idaho Urological Institute and so very -- very good mix. The situation that we found -- this is just a comparison of the two layouts. Originally we were trying to build this building -- part of the -- half of it will be the ASC, the other half will actually be medical offices for the surgeons and as the building started to grow a little bit we just got pinched -- or we were starting to sacrifice either elements that we needed within the project or parking and so by doing this as a two story building -- if you look at the two elevations on the bottom -- you have to really look at it for a second before you realize which one's the two story and which one is the single story and so I went to the neighbors and I actually showed them this -- wrote up a statement of nonopposition before we spent the money to redesign the building and every contiguous residential neighbor showed no opposition to it. They actually encouraged it, just because it moves the building further away from the residences, it adds additional parking and it just -- it just kind of works and so that's about it. That's -- that's the layout on the inside and if you have any questions I'm happy to answer them. Simison: Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a comment. Thank you. It's rare and so refreshing and nice to have a development application before us where -- not that it doesn't happen a lot of the time, but where you really got ahead of something and worked with the neighbors before coming before us and I just really want to say how much we appreciate that. Telford: Appreciate that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Yeah. I'm absolutely in favor of this application. I love the fact that you reached out, like Council Woman Strader said, to the local neighbors and got their blessing. You didn't have to do that. But one of the things in these type of developments is -- one of the unintended consequences of these type of -- is -- is parking. You know, sometimes you get something -- a business moves in or whatever that's really popular and hogs all the parking and you just -- it meets code and -- you know. And that's the reason why it was approved, but, you know, to give -- to provide more parking is key, especially in this -- in this neck of the woods. I believe it's going to be -- extra parking can be a really big deal. Telford: I -- I appreciate that. We are -- as shown in the numbers down in the bottom, just by building it as a two story building, which -- which doesn't save us really any cost, because the building as a single story building we have more roof space, more foundation. Going two story we now have to build two stairwells, elevator systems -- I mean it's -- so, it's not anything that we are trying to do from a cost perspective, but it does add 26 parking Meridian City Council March 17,2020 Page 20 of 53 spaces and already, if you look at the bottom here, there is 11 parking spaces on the south side of that building, those parking spaces are actually existing already and so they are under a temporary easement with the building next to us and so I have already been working as well with the building owner next to us to try and alleviate his concerns, because as soon as we start development those become our parking spaces and he called me and said you're taking our parking spaces and I said, yeah, but the reason you're going to notice is because I'm trying to build this with 26 more parking spaces than if you say no. So, he was -- he jumped on board pretty quick. Bernt: Follow up, Mr. Mayor. Simison: Councilman Bernt. Bernt: I drive down that road quite a bit and, you know, if you were to drive a little bit further down the road there is a brand new assisted living center -- memory care center down -- and their parking is already full and they are already, you know, starting to partner on the -- on the streets and ACHD got involved and they are putting up signs and so anytime that you can provide more parking is greatly appreciated, so -- Telford: And if I can make one more comment, the good news -- if you look at the -- the two story nature of an ambulatory surgical center, that means that we have medical offices for surgeons above the surgery center and even though we have that much space, the good news is that the surgeons are never in their office and in the operating room at the same time and so the actual traffic demand of people coming to have surgeries in a day -- we are predicting that, you know, if the business plan goes well we could provide somewhere between -- between eight to 12 surgeries per day in the surgery center, which creates a trip load that's minuscule. I mean that's 15 minutes at a Starbucks throughout an entire day of business in this building. So, we should have a very low parking need anyways, but we want to make sure we are a good neighbor in having that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Telford, appreciate you being here. To your point I think this type of project is so needed throughout our country and is, obviously, a great addition to kind of that medical area that's kind of sprung up around St. Luke's. I'm just curious if -- because I don't know when we will -- if we will see you again on this. Hours of operation. Any -- I was thinking of anytime I have ever went for surgery I got to be there like at 3:30, 4:00, 4:30 in the morning. Same type of approach with this business model? Telford: Yeah. Hours of operation fall within the guidelines for limited office, which I believe at 6.00 a.m. to 10.00 p.m. is regular hours of operation, Monday through Friday. There will be limited operating hours outside of those hours for cleaning staff, for -- on -- on weekends we may have some meetings for bariatric patients, who have had weight loss surgery and do support groups on the weekends. Other than that -- and we -- there Meridian City Council March 17,2020 Page 21 of 53 -- we may in occasion of a customer that has to stay later, just as medical needs permit. But regular operating hours will fall within the -- the guidelines. Simison: Thank you. Cavener: Thanks for being here. Appreciate the project. Telford: Okay. Simison: Council, any further questions for the applicant? All right. Telford: Thank you, everyone. Simison: Thank you very much. This is a public hearing. Do we have anyone signed up to testify? Johnson: Mr. Mayor, no one's signed in in advance. Simison: Okay. No one's signed up in advance. Is there anyone in the audience who would like to testify on this project? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we close the public hearing for H-2020-0013. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? All those in favor signify by saying aye. Opposed nay. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve Item No. H-2020-0013. Cavener: Second. Simison: I have a motion and a second to approve the item. Is there discussion on the motion? Hearing none, all those in favor signify by saying aye. Opposed nay. The ayes have it. Motion approved. Thank you. Meridian City Council March 17,2020 Page 22 of 53 MOTION CARRIED: ALLAYES. B. Public Hearing Continued from March 10, 2020 for Graycliff Estates Subdivision (H-2019-0129) by Star Development, Inc., Generally Located South of W. Harris St. and West of S. Meridian Rd. 1. Request: Modified Development Agreement to update the development plan for the site consistent with the proposed preliminary plat and conceptual building elevations; and, 2. Request: Preliminary plat consisting of 202 building lots, 15 common lots and 4 other lots on 52.46 acres of land in the R- 8 and R-40 zoning districts. Simison: Item 6-B is a public hearing continued from March 10th, 2020, for Graycliff Estates Subdivision. I will turn this over for staff comments. Hood: Thank you, Mr. Mayor, Members of the Council. As you just mentioned, Mr. Mayor, this project was continued from last week to get some clarifying information from the West Ada School District and the Fire Department. I will turn it over in just a second to Chief Bongiorno, but I do want to provide you the updated information from the school district. I'm going to slide -- so, as you can see on the screen we did receive some supplemental information from -- and this is in the staff -- updated staff report that Sonya prepared as well, but we did receive some updated enrollment information from the school district. Hopefully this answers some of the questions you had last week from them. Maybe we should just jump back real quick. It wasn't that long ago, but just to reorient you, the project is on the -- about a quarter mile west of Meridian Road, south of Harris Street, between Amity and Victory Roads. So, there is the updated school district information. Like I said before, I will turn it over to the chief unless you have any questions on school district enrollment information or anything else I guess in the staff report for that matter. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just checking. I had sent a series of follow-up questions. Did the school district respond to those? They -- they -- I was -- they were hopeful in nature of hoping what we would ideally receive. I do appreciate the update. I think it is very helpful. But I was curious if they provided any further detail. Hood: So, Mr. Mayor, Council Woman Strader, I have not seen that, but I did not ask Sonya if there -- if some of your other questions, comments, concerns were addressed by them or not. I will provide that if that's the case, but I am not privy to the real answer there, but I will do some further digging. Meridian City Council March 17,2020 Page 23 of 53 Nary: Mr. Mayor, we did provide that to Ms. McKay, too, so she may have information from the school district as well. Simison: Are there any further questions for staff at this time? Okay. If the applicant would like to come forward. Bongiorno: Excuse me, Mr. Mayor, would you like me to go ahead and put my two cents in or wait until she's done. Simison: Okay. Why don't you go ahead. Bongiorno: Okay. All right. So, I apologize for not being here last week. I was at a conference learning about the fire code and the building code. So, my original report was written back in November and so since that time a lot has changed and with that new response time map that we had that came out, I went ahead and rewrote my report from when I was sitting in Las Vegas and so you -- you all should have in the staff report are my updated comments. So, at this point we are good with the response time. At this time the reliability rating -- Station 6 is now open. At the time when I initially wrote my first report Station 6 was not open yet. So, six is open. We don't have a reliability rating yet on that station, as it just opened. Probably by June we should have a reliability rating where it's going to be sitting. My -- my -- I would imagine it's going to be pretty high. So, I don't think we have a response reliability issue at this point with that project. I have been in communication with Becky for the last four days and the only really outstanding problems -- project -- issue, I guess, that she's working on is just secondary access. The problem is is you have Kentucky Ridge that comes up and you have Harris that comes in and the problem is they both converge to one point and so with the accesses that are proposed they are too close together, we don't meet the half the distance of the diagonal rule and so she has been working with Conger -- Mr. Conger to create a temporary secondary access and Becky can talk about that when she comes up. And, then, one other comment that I sent to Council also is Scott Colaianni -- Lieutenant Colaianni and I both had concerns when the first project came in, Mr. Conger's project, that we had concerns with not having a light at Harris, just because making left turns -- the other problem is you are cresting a hill and you are coming down a hill right at Harris and so the people coming up Meridian Road at 55 miles an hour and, then, you have got people making left-hand turns, it's going to be a very dangerous intersection and so with Stapleton coming, the multi-family coming and this project that's kind of all together, that intersection is going to be rapidly overwhelmed and fire and police both have concerns about not having a signal. Simison: Thank you, chief. Council, any questions? All right. Becky, now would you, please, come up. McKay: I'm being safe. Look at that. Thank you, Mr. Mayor, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I'm here representing Mr. Centers on this project that's before you, the Graycliff project. As Caleb indicated, we were deferred for one week to obtain additional information for the Council Meridian City Council March 17,2020 Page 24 of 53 in order for them to make a determination on this project. One, Mr. Yochum indicated that the letter that was sent and was part of the staff report was outdated. We all kind of questioned why -- why wasn't Victory Middle School in there when we know it's operational right there on -- on -- on Stafford -- or Strat -- Stafford Street. What is it? Stoddard. Stoddard and Stratford. I always get them mixed up. And so I e-mailed Joe myself. The letter was shot out. Sonya beat me to him. Joe indicated that -- as you can see on the overhead, that--that Mary McPherson has a capacity of 500. However, during the 20-21 school year they are increasing that capacity to 600. They currently have an enrollment of 551 . Victory Middle has an enrollment of 971, with a capacity of a thousand. Meridian High has an enrollment of 1 ,994, with a capacity of 2,400. The other thing that -- that we received that we did send over to the staff was the -- the West Ada future school map, which indicates that Blue Valley Elementary is -- they already have the school site within the South Ridge Subdivision. They have had that school site for many many years. When I initially had met with -- with the Meridian -- or it was Meridian School District at the time -- they had indicated they did not want a site within our project or within any of Mr. Centers' projects due to the fact that they already had the middle school site there for Victory Middle and that the Blue Valley Elementary site was proposed within South Ridge. We did get a copy. They already have a site plan for Blue Valley Elementary. They have an engineer architect online. The e-mail I received from Joe Yochum said that it is in the bond issue for May and that they believe that with the addition of that elementary site that they will be able to adequately serve this area and these proposed developments. Secondly, the question arose as far as the response time, because we did have some variation in what Chief Bongiorno had in his initial November comments and what we have today and now that Station 6 is online and operational. As -- as Chief Bongiorno indicated, the response time is good. We fall within the five minute boundary as their goal and so that's -- that's good news. The secondary access issue -- initially we did meet with the adjoining development, the Stapleton Estates, which is currently under construction. I met with Mr. Conger. Mr. Conger did -- we had initially asked for a public street connection. I also contacted Ada County Highway District, sent them a lengthy e- mail stating that we would like to have some interconnection of our public streets. Ada County Highway District, Christy Little, e-mailed me back and also called me and said that their primary concern with a public street connection was the fact that Harris is the mid mile collector with the anticipation that that will be signalized. Our project will be participating in the cost of that signal to the extent of approximately 31 ,500 dollars and, then, Stapleton will be participating 25 percent of the cost of that 250,000 dollar signal, then, the projects to the east, which is the Cavanaugh Ridge, they are going to be the east leg of that Harris Street signal. They will be participating and so according to Mindy Wallace, the Ada County Highway District already has all parties in agreement accepting those conditions of approval for an extended period of time, that they all will participate. When the warrant for that signal is triggered, then, ACHD, whoever triggers that warrant, whether it's my client, whether it's a Stapleton development, they will be responsible for installing that signal. All of the backbone for that signal has been installed and Mr. Centers has already, with his Biltmore project, been required to -- he's installed a southbound decel lane to turn into Harris. We have also installed a left-hand turn, right-hand turn where we were -- we had the room within the right of way to expand that and Mr. Centers was required by Ada County Highway District to run fiber optic from the Amity -- existing Meridian City Council March 17,2020 Page 25 of 53 Amity signal to the future signal at Harris all the way down to Victory and the reason being is there was an existing fiber optic line, it only had ten feet of excess cable and in order to widen the intersection so we could have a left out and a right out, we had to move that signal box over, that feature box, so we had to run a mile of fiber optic cable. So, we have -- we have, obviously, been doing what we can. He has been spending his money to make sure that everything's there for that signal. When that warrant is met it's going to go in. I agree with Chief Bongiorno that as we get more traffic on Harris Street that warrant will be met. I think there is only about 400 -- 400 trips right now or less than that, but we are, obviously, cognizant of the need for that signal and we are participating financially to make sure that that happens and, like I said, when that warrant's met ACHD will require it. As far as the secondary access, I met with Mr. Conger initially when he had his first concept plan that he submitted to the City of Meridian. We worked out an emergency vehicle access, since ACHD did not want us to have a vehicular permanent access. Then the Council asked him to redesign his project. When he redesigned his project it kind of shifted that emergency access a little bit further north. When Chief Bongiorno looked at that interconnection for the emergency access he wants it further south. So, we are working with Mr. Conger. We will continue to work with Chief Bongiorno to meet the requirements of the International Fire Code for the secondary access. If we can't meet that, then, we are capped at three dwelling units as -- according to the International Fire Code. Lastly, the question came up about the -- the park -- future park site. I did receive an e-mail from the Parks Department. They want to start that dialogue as far as getting that parks agreement in place for the neighborhood park. I did look at my calculations. I think Councilman Perreault asked me the question, okay, if you don't develop the 1.69 acres that is a component of that overall park site, where do you stand in your percentage of open space, because we have a little bit over 17 percent. I pulled that 1.69 out. I'm at 14 percent open space. So, I still exceed the required ten percent. The neighborhood park -- I didn't -- I did not have this information for you when I was here before. It is going to be 10.93 acres total. That is with the neighborhood park. 8.24 acres comes from our Brundage development that Mr. Centers has and we already have approval for that project. One acre comes from the Biltmore project, which we already have entitled, and we have two, three phases built. And 1.69 acres comes from Graycliff. In looking at that we want to develop that in its entirety, because we do have to pipe a portion of the Sundell Lateral through that property. We will also have to work with the Parks Department as far as elevations, the type of irrigation system, the type of seed they want. So, we have agreed with the Parks Commission that we will -- when we get all the components put together and get to that point we are going to put the sprinkler system in, we are going to green it up, we are going to get it rolling and, then, when their budget allows for them to take it over and, then, they will have it. We have a concept plan that's on it-- on the parks property based on the plans that they gave us to model, but, obviously, your parks and what your needs are change over time. So, I assume that when we reach the point that we want -- that we are going to develop the park, they may want a little bit of tweaking to that concept plan. We have got a good project here. We comply with the medium density. What we are doing here is, obviously, trying to stay competitive and meet the needs of the marketplace. We have a project that's just to the east of us that has almost seven dwelling units per acre. We are at 4.89. So, we are not pushing that envelope. We are within the parameters of that medium density residential for single family. We have upped Meridian City Council March 17,2020 Page 26 of 53 our open space. We have improved our amenity to be a pool facility and playground facility from just a playground and I think we had bocce ball. We still have 1 ,668 linear feet of multi-use pathway that we will install. We requested that the Council allow us to install it with phase four. We have been in contact with the Williams pipeline. We anticipate that they are going to come through and do an upgrade. So, we need to allow them to have an opportunity to do that. Mr. Centers does not want to install that too early. So, we ask that the Council give us that latitude to install the multi-use pathway and the Williams pipelines 75 foot landscape corridor with our phase four. Obviously, if they get in there before that and Mr. Centers decides he wants to move that forward, we just don't want to go ahead of the Williams pipeline. We ask the Council for their support. We think we have got a great project and we are excited to get going. Do you have any questions? Simison: Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just wanted to clarify my question. Thank you for answering my question about open space. But the piece of that that was significant for me was that once or if this were to become a community park and, then, in my mind it's no longer an amenity that belongs to that -- to your development, now that's something that belongs to the whole city and I would be hesitant to -- you know, I feel like it's important that whatever open spaces are included in each of these applications in this whole area still meet that minimum outside of what is going to be -- of the 10.93 acres that -- that will be the neighborhood park, because, again, to those residents that's not an amenity that's just exclusive to them at that point. So, that was -- that was the purpose of that. So, thank you for answering that question for me. I wondered if you could give some time frames on -- on the light at Harris. I know that that's not set yet, but it sounds like the -- all of the players -- the players are identified, the funds are going to be accessible, any idea on when that installation occurs in relationship to your project development. What phase it might be in. How many homes do you think will be completed at that point. McKay: Mr. Mayor, Councilman Perreault, in my conversations with Ada County Highway District, the critical thing to the light was getting additional right of way for Harris to the south within the Stapleton development. The previous council members placed a condition of approval on Stapleton that they could build phase one and have a collector going directly out to Meridian Road, but phase two had to include a secondary connection and expansion of Harris Street. So, that is going to be the prerequisite to that signal going in. We, obviously, can't signalize an intersection that we can't build out as a full blown collector. We have done as much widening as we can with the existing right of way and that was kind of a throwaway, because the final expansion will take place with Stapleton. So, ACHD, in my conversations with Christy Little and Mindy Wallace have said that they were -- they are going to be monitoring Harris and those traffic counts. Obviously, the north-south warrant is met with the high volume on Meridian Road. It's the fact that we only have a west leg of Harris. You are going to see that when that east leg of Harris Meridian City Council March 17,2020 Page 27 of 53 comes in, but -- but ACHD has already, you know, indicated that that's a 250,000 signal and that they want it to go in, obviously, sooner than later. They see the importance of that mid-mile collector. So, I -- the warrants are a complicated thing. There is, you know, I don't know, 25 different criteria that they evaluate to meet the warrant, so for me to say, oh, you know, when I hit my -- my 50th house I'm going to trigger the warrant, I -- I can't say that, because I don't know how many homes Stapleton is going to have occupied. Their first phase is under construction, so I assume they will be online here probably early summer and they may trigger the warrant with the second phase. We are required with our first phase to put up all of our proportionate share. With our first phase. Because ACHD wants those monies there, so when it's triggered the monies are there and it can be spent. So, you know, I want to assure the Council that, you know, we have -- we have stressed that we want the signal, too. Obviously, it will help our sales and create relief for Kentucky Way, because, you know, some people are using the Kentucky Way to get down to Victory, so they can go out to Meridian Road and make a left-hand turn. Right now the current volumes do not meet the warrant. Thank you. Simison: Council, any other questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Becky, thanks for coming back for another week working with us to get that -- more clear data I guess I should say. I know the conversation about the park is -- is really for another day, but you indicate in your testimony that the Parks Department is telling you they want to move forward, then, with taking it as a city park? Is that what I heard you say? McKay: Mr. Mayor, Councilman Cavener, the e-mail that I received is they want to get the agreement in place, so that the criteria, the timing and -- and all the provisions of what my client's providing and the timing of when the city parks' budget allows it, everything will be memorialized in that agreement, which I do believe my client signs and it has to be approved by the Council after the Parks Commission approves it. So, that's what they want to move forward. Cavener: Great. McKay: And -- and that this will be kind of a -- you know, what they call a jewel in that multi-use pathway that's going to run all the way from Meridian Road over to Linder, so that will be, you know, a central activity center. We are allowed to put like benches along the multi-use pathway. I can't plant trees, but we do have to mitigate. We have an alternative compliance that was approved by the Council with our original design. So, every tree that I can't plant within that Williams pipeline I have to put in the park. Cavener: Okay. Meridian City Council March 17,2020 Page 28 of 53 McKay: Or either give the park the money. Simison: Council, any other questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Becky, would a condition with regards to the pathway be acceptable that says the pathway is to be done during phase two unless the pipeline upgrade is not completed, at which point it would be in phase four? It would seem to be -- it sounds like the intent is to do it in phase two if it was possible, but let's not be wasteful and have it done twice, which makes total sense, so -- McKay: Mr. Mayor, Councilman Borton, Shari Stiles, our other planner at my office, has been in contact with the -- the Salt Lake Office. They have a new gal that's in charge. She had indicated to Shari that they are running behind schedule. She could not give us any definitive date. Although they have -- we have -- we have provided them all of our site plans. I even -- I even gave them other maps of projects along that -- that corridor of their pipeline, so they can plan ahead. I did that four years ago and we have seen no design, no timeline. So, I guess, you know, from my client's perspective he would like to leave it at phase four, because he just -- he's just concerned that, you know, they are -- they are -- they are not -- they don't move quickly. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: We might have not connected on that. I think I was just trying to find a middle ground that if the stars aligned and things got done quicker, then, there would be an opportunity to do it earlier, but yet you are not boxed in with the earlier requirements. So, if it was you would do it in phase two, unless the upgrades are not yet completed, at which time that it would, then, be phase four. McKay: And I guess -- we did talk about that. We talked -- my client and I spoke about that on the phone. We didn't have a face-to-face meeting, because it's not recommended, but we talked about that on the phone. We have to pipe some additional Sundell Lateral that's north of Harris. It also includes -- because that -- that -- not only does that multi- use path go -- okay. This will work. Not only does that multi-use pathway go along here, but it goes north of Harris and so we have piped the Sundell Lateral from -- from here all the way up to this point. So, we have additional piping that needs to take place and so the multi-use pathway goes through here to the park site. If I install this section, the discussion we had today Mr. Centers says where does it go. I mean until we get the 10.98 acre park site developed it would just stop right here at Harris. So, it's not-- I guess not leading to anything or -- so, his opinion is he thinks that it is best that he include that multi-use pathway with the multi-family component and the question also was brought up Meridian City Council March 17,2020 Page 29 of 53 about the multi-family component. We do have a condition of approval that says that all of our marketing information, our concept plans shall show the multi-family, because I think one of the councilmen said we want to make sure that the single family residents are fully aware that that multi-family component is already part of the DA, that it's already zoned R-40, so there -- we have two conditions in there that address that to make sure that we communicate that to all potential buyers. But we -- Councilman Borton, we would like to leave it within phase four. Borton: Got it. Okay. McKay: Thank you. Simison: Becky, just to follow up on that question. Under that type of scenario are you saying that until the Williams pipeline is approved phase four will never be completed? McKay: Well, I think -- I think that's obviously going to kind of hinge on that. I mean it's kind of a chicken and egg thing, because that is, obviously, part of -- you know, part of our -- one of our amenities in addition to our pool facility and our playground, that the multi-use pathway is one of our amenities. So, you know, we are, obviously, going to stay on them. We have started our -- you know, a dialogue with this new representative out of Salt Lake. I'm trying to get them to be proactive. I have talked to them about Meridian and the growth that's taking place and so to answer your question I kind of think we -- you know, we might have to -- we may have to wait on them. Simison: Because the next question I would ask -- if that's the case what's your open space percentage without phase four completed if it were to be ten years. McKay: Mr. Mayor, I don't believe it will be ten years. Simison: You had already said it's been four years and you haven't -- McKay: It's been four years. Simison: -- heard back. So, just -- just curious if that's the case what -- what's the scenario for phase one, two, and three with phase four never being done and no open space being put into that area? McKay: The way the representative explained it to us is once the rooftops start going up that's when it triggers their design teams to start a design for their upgrade and, then, it goes into their budget. So, one of the comments was that they were X number of home -- I guess is a trigger point within a certain radius. I don't believe it will be ten years from what -- the information they have given us. Four years have gone by. We haven't put any homes next to it. Neither has Stapleton. So, the gentleman that I was working with out of Salt Lake said, you know, whatever information you can give me will help me argue to my superiors to make this a priority and we have provided them additional information beyond our own project to show what's happening in south Meridian along this corridor. Meridian City Council March 17,2020 Page 30 of 53 So, now that Stapleton is under construction they are going to have to get off the dime. I don't see it dragging out ten years, sir. Hoaglun: Mr. Mayor? Simison: I'm going to refrain from my comments on that and I will -- Councilman Hoaglun. Hoaglun: Mr. Mayor and Becky, your comment about the chicken and egg -- I have been mulling over Councilman Borton's, you know, well, if it happens sooner we have to wait until phase four, why not phase two or upon completion and, then, I thought, well, what about if we condition that in the -- in the event that Williams pipeline comes in, they get it done, and upon -- that would go in upon the start of phase four, because, then, if they have completed that, you can go ahead and start phase four, there is the chicken in the egg. If the egg has hatched, you're going to have a chick here pretty soon and, then, you can continue building with that. So, it -- we don't have to wait until the completion, but we now know, okay, they have completed their portion of it, they are done, you guys are moving forward and maybe that's -- that's the way around all this. I don't know. McKay: Mr. Mayor, Councilman Hoaglun, my client is agreeable to that. Yes, sir. We, obviously, you know, want to make sure that we get our amenities in in a timely fashion to provide as much recreation for this section as a whole, the community as a whole, and not just our own development. Simison: Councilman Cavener. Cavener: Mr. Mayor. But, Becky, to that point, though, if -- we have heard tonight is it is possible that phase four never begins --so, if phase four never begin building the pathway at the beginning of a phase that never is actually going to begin, we are still back at this same place with the chicken and the egg. I guess to further refine that -- and to me -- what everyone is trying to get at is we want to make sure this pathway is built. I think that you have got a Council that's sympathetic to the issue that you have presented of concern, which is you don't want to build this twice and I'm sympathetic to that, but being very frank for our community's standpoint, I would rather it be built twice, then, never built at all. McKay: Yes, sir. Cavener: So, help us get to a place of comfort where we have a good understanding that this is going to be built in a relatively shorter time frame. I recognize what you are saying, it's not going to be ten years, so help me understand the when, so that I can get a greater level of comfort around this pathway issue. Mr. Mayor? Simison: Councilman Cavener. Cavener: Take a ten minute recess so -- Meridian City Council March 17,2020 Page 31 of 53 McKay: Yeah. Can I consult with my client? I don't want to make me commit on his part, it's his money, not mine. Simison: Yeah. Council, let's take a ten minute -- we will reconvene at 7:45. McKay: Thank you, sir. (Recess: 7:35 p.m. to 7:46 p.m.) McKay: Mr. Mayor, Members of the Council -- Simison: All right. I will call us out of recess. Okay. Yes, go ahead. McKay: Thank you, Mr. Mayor, Members of Council. Becky McKay. Engineering Solutions. So, I did consult with -- with my client Mr. Centers. I did consult with Caleb on the Planning Department and their ability to track it. So, what -- what we would like to do is prior to any occupancy of any building permit within phase three, we will install the pathway if the Williams pipeline has already done their upgrade and that they -- Caleb has indicated they can track and put in as a solid condition that would not be missed. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thank you, Becky, for that clarification, willingness to do that. One question. If -- hypothetical. If that does not happen are you still willing to do it at the beginning of phase four like you mentioned earlier? McKay: Yes, sir. Bernt: Okay. McKay: Absolutely. At the latest. We will just have to do it. We are not going to allow ten years to -- we will just have to do it. Yes, sir. Cavener: So -- Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you. Appreciate -- I'm glad we are all on the same page. Ten years doesn't make a lot of sense. Are you and your client comfortable, though, with a date certain to be built by? If it's not on -- if the pipelines is not done -- when? I mean I think that's -- that's the big question. If the pipeline doesn't get built and you're not moving forward with phase four, because you said you don't want to move forward with phase four until the pipeline is done, then, to when? Meridian City Council March 17,2020 Page 32 of 53 McKay: Mr. Mayor, Councilman Cavener, in my conversations and my staff's conversations with the Williams pipeline, they are assuring us that they are getting ready to start design. They indicate that they are -- they are within 27 building permits or 27 homes and, then, that triggers their upgrade. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Becky, I'm -- I'm not trying to jam you up, I'm just trying to get a -- a clear of an answer as possible. McKay: So, I would like it -- Cavener: Because arguing with you is not with them. McKay: Yep. Cavener: So, help me understand. McKay: So -- so, based on the information they have given me that their backs are up against the wall, they have to take action. They have not taken any action even though preliminary plats have been approved along the corridor. The trigger is when the homes actually physically go up. That's when, under federal regulations, they go in and they do their upgrade and go to a class one pipe is what they call it. Secondly, we will construct it -- our pathway, hell or high water, with phase four at the latest and phase three -- if the pipeline's upgraded, then, prior to any occupancy within the phase three we will install it. So, we have got -- you don't like that? Do you got a better idea? Cavener: I just would like my question answered, Becky. I'm not trying to -- to go rounds with you here, but I'm asking for a timeline and I'm not getting that and that's really frustrating -- McKay: Oh. A timeline. Okay. So -- Phasing. Phasing, not timeline. Simison: If I could -- if I could help maybe -- Cavener: Please. Simison: -- from that standpoint. I think the concerns -- I think before it's ever built you're essentially asking for approval for never having to build this. I think that's the end result. So, the question that you feel so confident in your assurance what you are hearing from Williams pipeline, I think Council is looking for an assurance on a date, because if the houses start going up and you tell us they must do under federal guidelines, it sounds like you should be able to give me an assurance, based upon the assurance that you are Meridian City Council March 17,2020 Page 33 of 53 receiving from Williams pipeline is a date that you will construct this open space pathway, even before phase four were it never to be built. McKay: Mr. Mayor, Councilman Cavener, I see what you're getting at. So, our -- our timeline is to roll into design right now on phase one and, then, Mr. Centers -- we have -- typically we build a phase a year. So, phase -- we have got three years for phase one, two, and three, based on -- that's based on current market conditions and what he anticipates for the absorption out there. So, three years. Obviously, the multi-family component, he's had people that have been very interested in it. He's also contemplated building it himself and he likes to keep his projects, obviously, within his building team and so I -- we will be coming back with a conditional use permit on that -- that multi-family. The Planning and Zoning Commission said -- their comment to us is we would like to see that sooner than later, because we know the more rooftops that go up, obviously, the more troubled people become about those conditional uses for the multi-family. So, we are cognizant of that. So, I don't think you need to be concerned that we are going to push that out a long ways. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Becky. Is there -- maybe to speak to Council Member's question. Is there just a very very generous outside date that's like a no brainer that you could agree to that -- by a certain date you will -- you will build it. I mean that's what I'm wondering is -- isn't -- isn't there like a commercially reasonable assumption we could make about really an outside date where -- where you could agree to -- or your client could agree to build it by? McKay: Mr. Mayor, Council Woman Strader, I wish I could give you a definitive date, but I don't control the Williams pipeline. Now, all I have to go -- all I have to go off of is what they are telling me out of their Salt Lake office, which is in charge of this. I mean in -- you know, by 2024 that pipeline is going to be in. I don't know. I -- I think so from what they are telling me that they have got to get off the dime and get under design and put this in their budget and get it done. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: I guess I'm just -- I'm just trying to brainstorm, but I'm thinking, you know, there should be some date that clearly is far outside of any of your phasing plans that -- if seven years from now or something -- or eight years -- I hope that that's not the case. It's not like a ten year delay or something goes wrong, but we don't know -- you know, we can't control the future. We don't know what's going to happen. I think Council would just feel good to know that one day it's going to be built no matter what. I don't want to speak for everybody else, but I'm just trying to brainstorm is there some outside date that -- that's Meridian City Council March 17,2020 Page 34 of 53 just really easy for everyone to agree on, because, you know, by that point it's all figured out. Simison: And if I -- I think that there -- that is where we are really getting to. Because, otherwise, you are essentially asking Council to approve a subdivision that could never have open space, other than a community pool. If phase four never gets built ever -- which is a possibility, especially if your client sells it, this subdivision is left with zero no open space out of -- out of their control. Simison: Also -- let's take some public testimony if there is anyone -- McKay: 2025. 2026. 1 guess I would leave it up to the purview of the Council. I mean -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. McKay: I'm -- I'm trying. I'm trying. I'm trying. Hoaglun: Mr. Mayor and Becky, I'm just trying to make sure I understand your -- your offer. Prior to occupancy of phase three and with completion of Williams pipeline -- McKay: Yes, sir. Hoaglun: So, if -- if they don't complete it -- I'm trying to figure out -- prior to occupancy of phase three, there is no occupancy of phase three. Is that -- is that the logical -- I mean -- or if they don't complete it -- prior to occupancy of phase three -- because I can read this a couple ways -- and with completion of Williams pipeline you will do it. The alternate -- the converse kind of is if you want to move forward with occupancy of phase three you will put the pathway in. I -- I wasn't sure which way to go with that -- with that statement. So, can you enlighten me a little bit on that? McKay: Mr. Mayor, Councilman Hoaglun, so I think what -- what we -- what we are trying to do is that if the Williams pipeline upgrades it, then, we will install the pathway and the landscaping along the 75 foot corridor prior to any issuance of an occupancy within phase four. If -- Hoaglun: Four? McKay: -- if at that time there is no upgrade, then, we will have to install it with phase four. Hoaglun: Thank you, Becky and Mr. Mayor. Just to follow up. Yeah. You meant phase three -- Meridian City Council March 17,2020 Page 35 of 53 McKay: I mean phase three. Hoaglun: And then -- McKay: Phase four. Yes. Sorry. I have been up for 17 hours. I worked 17 hours yesterday. Sorry. I'm trying to get my people all working remotely and it's been a chore. Hoaglun: So, it's just a matter of the phasing. We understand that -- McKay: Yes. Hoaglun: -- typically it's -- it's phase one -- a phase a year approximately, you know, and, of course, understanding, too, when I served previously in '09 and '10 those were not good times and I thought the only thing Council did for the longest time was approve extensions of plats, because no one was building anything and it was for a couple years, so -- and if you don't have the roof tops I guess you don't have the people there to -- to utilize the pathways. So, I -- I'm not quite so hung up on saying it will be done, but if there is development we want it done by -- and that's why I was trying to work with the -- with the phasing and make sure that fits with the rooftops, but -- and I -- I think -- I think we are close, but -- McKay: Yes. Hoaglun: -- we just need to make sure we are all on the same page. McKay: And for -- and, Mr. Mayor, Councilman Hoaglun, from what their representative in Salt Lake has told us, the Stapleton phase one development will -- when those homes go vertical, that will trigger it. Then they have to -- under the federal regulations, then, design and upgrade, because that -- that defines their classification of the pipe, whether it's in ag ground or urban ground. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Follow-up on Councilman Hoaglun's clarification of that condition and your earlier remarks would something be satisfactory that the -- the pathway would be fully installed and developed at the earlier of the condition that Councilman Hoaglun described or September 1st, 2025? McKay: Yes, sir. Borton: Whichever were to occur first -- McKay: Yes. Meridian City Council March 17,2020 Page 36 of 53 Borton: -- it would be complete by. McKay: Yes, sir. Borton: Okay. Thanks. Hood: Mr. Mayor? Sorry, you guys are making such progress there. Just letting you know we don't have like some magic light bulb that goes off September 25th, 2025, if it hasn't been -- and, then, I don't have a stick to hit her with to say, hey, it's not done. So, I don't know what the expectation is there, just -- it could potentially be a condition that I can't enforce, because I don't -- there is no trigger -- there is a date; right? But I don't have a real -- I don't have a hammer or anything to do or -- withhold -- we can withhold occupancy or building permits or not sign a plat. When a date comes I don't have anything, but to say, hey, remember that paper you signed. Simison: To that point -- and that's -- my concern -- again I don't have a vote, so this is all what you guys want to do, but tying all the open space to -- to the phase four, which may or may not be built by this developer as part of this phase -- and, granted, any phase could be sold off -- that's a real challenge to approve a subdivision with that situation. I understand the -- you meet the roof tops and whatnot. My recommendation would be at least to include it as part of phase three. At the start of phase three, because that would give the planning department the ability to withhold permits at that point in time. Strader: Mr. Mayor? Simison: My food for thought. Council Woman Strader. Strader: I -- I think I was tracking with what Councilman Borton was saying, perhaps tying it to the early of -- earlier of these three and some outside date and I do appreciate there is an enforcement question, but at the same time I mean you're a long term developer in our community and I think you know -- you have got -- you guys have met your promises before, it sounds like you have done a great job in the past based on Councilman Hoaglun's comments, so, you know, I'm sure that you will know that to continue to do business in Meridian you need to meet your obligation to the city and I can hang my hat on that. McKay: And, Mr. Mayor, I think Council Woman Strader has a good point, Councilman Cavener has a good point, when we submit the final plat, the construction plans and landscape plan for phase three we will know if that -- if that's been updated. So, then, I guess we can -- when we bring -- we got to come back before you with that final plat, so, if I come before you with that final plat and they have still not updated or upgraded that facility, I mean, then, we can have a discussion is it appropriate that we wait or just put it in and say let's just put her in, because you guys have another shot at us on that phase three, so -- Caleb, I don't know if you have got some verbiage -- Meridian City Council March 17,2020 Page 37 of 53 Hood: Madam Mayor -- or Mr. Mayor. Sorry. Just kind of playing off of Becky's scenario there, if that's agreeable to the Council, I mean I would -- you can almost word it, then, that it would be included with phase three and, then, give the option for the Council to not require it with phase three approval if it's not been, you know, improved by Williams pipeline at that time. So, it's -- so, include it, but the Council has the right to not require it if it's not quite done, if that makes sense. McKay: That makes sense. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: We are making sausage in this. It sounds -- I thought that -- whatever this condition would be would be part of their DA mod -- McKay: DA mod, yes, sir. Borton: -- part of this; right? So, these conditions would be put into today's DA modification. Hood: Yes. Borton: So, you would at a future date -- so, if we said, for example, you are going to do it in phase three period and that's the DA and it were to go forward, you would, then, perhaps in 20 -- some other future date if you choose -- make a new application to modifying it again and try and remove that obligation for whatever reasoning. Is that, Mr. Nary, kind of what would happen? I don't know how the plat itself would do it. Nary: Yeah. Mr. Mayor, Members of the Council, Council Member Borton, yeah, this is -- this is all around the condition that was the outstanding one left from the Planning and Zoning. So, it is what -- the condition in regards to when the multi-use pathway has to be built. It would be a DA provision, but as Caleb has stated, again, without having some method in which to track it and, then, also do something with that, then, it's very difficult. An imaginary date doesn't really help. So, based on phasing, based on building permitting, before occupancy, those are all triggers that we need. It would go into the development agreement. The plat -- a plat note is nice, but, really, from the enforcement tool we really need the DA to reflect that. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: What would be the language in a -- in a DA that is the enforcement tool? Meridian City Council March 17,2020 Page 38 of 53 Nary: The language -- Mr. Mayor, Council Member Borton, the language would be prior to occupancy, when building permits for each 30, when -- before -- before the beginning of phase four -- anything like that that's a trigger. I don't know if Caleb has one that he prefers, but anything like that that's a trigger for them to -- I know we have issued building permit 37, 38 requires this. We have issued -- were you going to issue occupancy, this requires this. Something like that. And, again, I'm sure Becky has suggestions, but that type of trigger in the development agreement, because, again, 130 of these homes can be built without anything today. They were already approved. So, we are talking about 65 homes 'ish. Or 66. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That's the trigger that you are recommending is no CO in phase three until it's built. McKay: Yes, sir. Thank you. Simison: Okay. This is a public hearing. Is there anybody that would like to offer testimony on this project? Johnson: Mr. Mayor, Suzy Hutteball is here. Simison: If you would come forward and state your name and address for the record, please. Hutteball: Good evening, Mr. Mayor, Council Members. My name is Suzy Hutteball. My address is 573 West Oak Springs Drive, Meridian. Thank you for allowing me to speak again. I did talk last week a little bit about the school. I did go down to West Ada and talked to some people there. It's been, obviously, a crazy week for them down there with everything, so it was a little bit hard to get ahold of some people, but I did get a couple of letters that I do think that you already have, but Stapleton is 220 and, then, with this -- a Biltmore phase and, then, this new phase we are talking 382 total. When I talked to Kim that actually does these letters, she said that usually when you ask for something it's only based on that certain subdivision, so I did just want to make sure that we know that's a lot of homes in the same area that are going up right now. She did explain to me that they feel like they have asked for a reprieve before and that may feel a little beat down I guess. So, I just wanted to say we love living in Meridian, we love having this community, there is a lot more to it than just growth of houses, I believe, and we do need to make sure that our children continue to have that excellent education that we have -- schools that they are in and that we don't wait until we are 700 over capacity, like Rocky Mountain has been dealing with for a long time now. So, I didn't get to talk to Eric Exline, but she did mention to me that he had wrote a thing for KTVB or 6:00 On Your Side last year and so she sent that to me and it does just explain some of it from his point of view that I guess it still stands. He said it becomes a problem when you -- your stage becomes a Meridian City Council March 17,2020 Page 39 of 53 classroom or at an elementary school where their auxiliary gym they put a temporary divider between it and that was a fourth grade on one side and a fifth on the other and the growth is not stopping. Eric said more than 14,000 home sites have now been approved across the entirety of West Ada. That's a big number. That's 11 ,000'ish future kids that will show up when those houses are built and sold. This is adding pressure to a district that's already been under strain from overcrowding in its major high schools and, then, it just goes on to talk about -- and it said Rocky is about 600 kids over, Mountain View 500 over. So, things are coming into place with Owyhee and -- but I would just like to point out that I just want our kids to be important and remembered as we put these houses up and just hope that West Ada can actually keep up with that, rather than try to catch up later, and our kids are the ones that are paying the price for that, so that's all I want to -- Simison: Thank you. Hutteball: Thank you. Simison: Council, any questions? Strader: Just a comment. Simison: Council Woman Strader. Strader: Thank you for-- for saying that and that really speaks to what's in my heart right now about West Ada and, you know, I -- I know -- we all are keeping that in mind and clearly the bond that they are trying to issue is going to be really critical. I think we all know that and there is no doubt that if the bond fails that they have no way to build more schools, that that would be a factor that would weigh heavily at least for me on approving future developments. So, thanks for saying that. Hutteball: Thank you. Simison: Is there anybody else that wants to testify? If not, the applicant will come forward. McKay: I will be brief, Mr. Mayor, Council. I work closely with the West Ada School District. I have for the past 28 years that I have been coming before the City of Meridian. We have incorporated more school elementary sites, high school sites and middle school sites in our projects than any firm in the valley, because I -- my kids went to Meridian School District and I know the importance of--we don't have good communities and good neighborhoods without schools. Mr. Yochum has indicated to me that based on their projections that the charter schools, the private schools, are taking a lot of the new growth and so they did not meet their projections like last -- last year that they had anticipated and so he said that that did give them some relief, because they had -- their projections were far more than the number of kids that showed up. But, obviously, they are being proactive with -- with the school sites and the bonds. I'm working with Mr. Yochum on a Meridian City Council March 17,2020 Page 40 of 53 new elementary site in north Eagle that is essential that we are trying to -- we are -- we are planning as part of a large project off of Beacon Light and Floating Feather Road and so I'm doing everything we can -- I can and, like I said, people don't want to buy houses if there is no place for their kids to go to school and that's just a reality. So, we need to do what we can and I want to assure you that we work with the district as much as possible and I always encourage my clients if they have that ability and the property that has size, to donate school sites, discount sites, do whatever they can. I think I'm atone high school, one middle school and about five elementaries now in my career. Maybe six. I forgot. Lost count. But I'm proud of that. That's part-- that's -- it makes me feel good about what I do. Thank you. Simison: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To frame one component of the discussion, the last remark that I heard from the applicant was the proposed solution as to the pathway, that the pathway will be installed prior to any certificate of occupancy for phase three, period, as being the trigger. So, as to that point question to Council if anyone has any specific concern on that being one of the -- should there be conditions of approval that that be one of them. I think it's 5.1 .M. Cavener: I'm good. Borton: Okay. Thanks. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sorry about that. Maybe just to kick us off a little bit, because it's partially my fault that we delayed the last time. I appreciated the additional information from West Ada. I remain unsatisfied in terms of the amount of information I'm looking for, but I do understand that these are extraordinary times. They have a lot on their plate. I totally think that the school is an important thing for us to keep in mind going forward. It seems like we are getting very close to maximum capacity in this area. It appears that the elementary school can take on some additional students with its expansion. The houses are not all being built at once. They are going to be -- the students will be divided among the three schools. They will be phased in. Hopefully the bond will pass. I think, you know, the clarification on the middle school is very helpful for me. What I do appreciate about this project is that it is within our priority growth area in terms of having services there already. The fire response time seems adequate. And, really, the applicant has worked with the city to put in a lot of infrastructure in the past and I do think that the neighborhood park is important and I do consider that in addition to the open space, to be a big amenity that we shouldn't totally discount. So, I'm supportive of approval with Meridian City Council March 17,2020 Page 41 of 53 some of the conditions that people alluded to about the pathway. But that's just for my two cents. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Council Woman Strader just said something about parks and that brought up some of those mentioned earlier and Councilman Borton. Do we need to include anything about memorialized -- a park agreement should be signed or anything like that in this or is that something that just takes its place -- I mean it will happen as Parks works with them and they get that done. I -- I'm not sure about that. Bernt: Mr. Mayor? Simison: Council Member Bernt. Bernt: Because --this is --this is just my opinion. Because of the uncertainty of the future of open space in this application, because of in Williams pipeline what we discussed, personal -- and -- I personally would want that open space that -- that has to do with this project done well before, you know, this subdivision is complete. You're talking about a possibility of having very little open space, with exception of, you know, the little park area in the middle. We don't know -- although we are talking about it with -- the applicant is talking to the Parks Department in regard to what that entire park looks like, I don't think it's an unreasonable ask if the applicant is going to possibly develop or green it up with sprinkler and pass it over to the Parks Department to just throw down some sod and -- and sprinkler it and -- and consider it to be open space for the subdivision. I -- personally, if I were a homeowner in that subdivision, knowing the uncertainty of that pathway and having a big dirt lot that's just sitting there that potentially could be, you know, a future park or at least future open space in conjunction with this -- this subdivision, you know, -- that would bug me and so I -- actually I'm -- I'm in favor of greening that area up as well within the time frame of this -- this project. Hoaglun: Mr. Mayor? Cavener: Mr. Mayor? Simison: Let's go to Councilman Cavener. Cavener: To Council Member Hoaglun's question about a parks agreement, I don't think that's necessary, in part because I think that we need to have a much larger conversation about if we want to take on this as -- as a city park. These types of parks to me are somewhat challenging for us as a community, because they are served by the folks that live around them. So, they, essentially, become taxpayer subsidized private parks and, you know, I think a number of years that we have moved to -- kind of shifting a model to these larger, more regional parks where everybody from our community can come to us, Meridian City Council March 17,2020 Page 42 of 53 to these kind of pocket hidden parks that unless you live in the neighborhood you don't really know about. So, you know, this part of Meridian is really, really special to me for a lot of reasons and I think we have seen a lot of really smart thinking with the projects that are going in and around that, allowing them to design what meets the needs for their residents I think is better than us having that -- another city park that the vast majority of our citizens don't ever get to really participate or visit. So, I think that -- that's why I said this is maybe a conversation for us for another day. I think Council Member Bernt's comments about, you know, getting something green -- I think they are -- the developer is willing to be doing that sooner rather than later, to at least getting it grassed and sprinklered, but turning it over to the city to maintain that's not something that I'm necessarily supportive of. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a comment on -- on that. I remember when we approved Reta Huskey Park over there off of Ten Mile and I thought the same thing, but I have found since I live over in that area when you have a pathway along the park it really changes the dynamic. It really truly is more useful to people and we are putting in the trailhead on Ten Mile and I don't know if there will be a trailhead here, but that was -- that was interesting to see that dynamic with -- with -- with a pathway that -- that comes in. So, this kind of gives me some comfort level with the pathway, just --just to let you know. But I -- I wanted to follow up and I don't think we have closed the public hearing, so I don't know if Becky would have a response -- respond to this, but I thought the last meeting we did talk about having them green that up, but I could be mistaken. Becky, if-- if you wouldn't mind did -- did we have agreement on greening up that 1 .88 acres -- not trees or anything, but having grass and having it mowed? I -- I could be mistaken and I could be thinking of another application. Sorry. McKay: Mr. Mayor, Councilman Hoaglun, I think what we talked about is that we would green the whole 10.89 acres up as a -- in its entirety. Mr. Centers didn't want to do it in a piecemeal fashion, because we need to, obviously, get our parks agreement in place. Secondly, we have got to work with the Parks Department as far as the design for the concept. I did the Reta Huskey Park as part of our Isola Creek or Bellano Creek project. It's -- like you said, it's along that multi-use pathway corridor along the Five Mile Creek. So, this one I think has a lot more to offer than the ones that are tucked within the development. But what we don't want to do is just do it piecemeal, because we are going to have to, obviously, do a grading and drainage plan and where they are going to want restrooms and parking lots and services and everything. So, I think the question arose is -- is this 1.69 acres part of your required ten percent and my answer to that is, no, it's above and beyond that. We have 14 percent qualified open space, because we have all detached walks in here, eight foot parkways, which we did not have in the previous preliminary plat, I only had six foot parkways. We have -- we have a pool facility. We have a playground facility. So, we are building our own private amenities within the project Meridian City Council March 17,2020 Page 43 of 53 and we would like to wait to do that 1.69 acres as a whole, so we can do all 10.89 under that agreement. Strader: Mr. Mayor? Hoaglun: Thank you, Becky. Appreciate it? McKay: Thank you. Simison: Mr. Barton, did you want to come forward and have any comments to add? Barton: Good evening, Mr. Mayor and Council. I just wanted to make a couple of comments about the park. We are -- as -- as staff is in favor of having a neighborhood park here, there is a lot of good attributes to this site. The size is -- is four plus acres over what our minimum neighborhood park is. One of the things about that is that, you know, yes, it serves the residents that are in close proximity to it, but at the same time, because this is located on that Williams pipeline pathway, that that's -- that, then, becomes very walkable and it connects other communities outside of that particular neighborhood. The other thing that -- that we like is because this isn't part of the minimum open space that's required it will become open space. I mean that's a -- that's a guarantee. We are not in favor of greening it up piecemeal. It's -- there is grading issues and also with the 1.69 acres -- the Williams pipeline runs through that as well, so that shrinks that even more, so there is going to be a dirt corridor there and it gets really weird and how do you -- how do you integrate just that little bit of grass into a larger more cohesive park design. It would be our preferred option to receive all of the property in one piece, negotiate a reimbursement agreement or green up or whatever that looks like with the developer and, you know, we have done three of these in the last few years and they have worked out really well. We have an idea of what an equitable contribution would be that is both good for the neighbors and good for the community. Our last three neighborhood parks that we received there is an average of about 750,000 dollars in contributions between both land and construction costs. So, I think we start there. I mean some of the land values have gone up, but I think we have -- we have got a good framework for a -- for an agreement and it's -- it would be our preference to structure it that way. Hoaglun: Mr. Mayor? Simison: Thank you, Mike. Mr. Hoaglun. Hoaglun: Question for Mike. And so when you memorialize these -- these issues, that's just something the department will do when --when -- is it when you are ready to do them or do you do it early on knowing that in the future this will -- will take place? Barton: Mr. Mayor, Councilman Hoaglun, we would -- we would work on that and bring it back to Council for approval as a memorandum of agreement. Hoaglun: Okay. Thank you. Meridian City Council March 17,2020 Page 44 of 53 Simison: And, Council, if I could say -- I have had some conversations with Director Siddoway on this and informed him to go forward and have these conversations, don't need to come back to Council, you know, to explore this -- this option. It is still part of what we are looking at, another component we talked about. It's on a mid-mile collector, that also opens it up. That's a pretty straight road compared to most -- some of the other locations just from that sample. But it ultimately will be your decision whether or not you wish to have this as the park in the city or not. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Let me ask the applicant another question. Simison: The hearing is open. Yes. Perreault: Becky, would you come forward. Getting your 10,000 steps in tonight. McKay: Yes, I am. Perreault: So, regularly on -- on construction sites, as am I, we have had some conversations recently about concerns in general with safety with these open lots. We had another application come before us recently with something similar and I'm wondering if there is any way that we can get -- could ask that that be somehow -- I don't know. I hate to say fenced off, but it's -- I'm sure there will be signs that will go up to say no construction dumping, no parking, but is there anything that -- that the applicant can do to protect that space so that we don't have safety concerns. It's -- it's -- you know, it's going to be right there on that collector and I just -- do you know -- do you understand what I'm getting at? McKay: Mr. Mayor, Council Woman Perreault, I -- I understand fully what -- what you are saying. The beauty of this particular project is Mr. Centers lives on the property and he watches it like a hawk, believe me. And this property is actively farmed, so it's not like it's going to be a weed patch, a dumping ground, or everybody's going to go out there and -- and wash out their concrete. That does not happen, I guarantee you, at Mr. Centers' property. I have been out there. It's the cleanest site I have ever seen. Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: Thank you for clarifying that. I'm so used to these random dirt lots going out there and the challenges that come with them. So, I appreciate that. McKay: And they become weed patches. Yeah. This is actively farmed. Meridian City Council March 17,2020 Page 45 of 53 Simison: Council, any further questions or comments or do we have a motion regarding the public hearing? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move we close the public hearing on Item 6-13, H-2019-0129. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: For a brief comment. I'm -- I had concerns and I think I framed them in that -- in the last hearing about liking the earlier project better, but, in all fairness, it doesn't necessarily mean that this project is fatally flawed in any sense. I kind of went back on my own and read through the comp plan and tried to capture some of the residential language which talks about diversity of housing options, not only in the style of housing, but in the economic range that they are provided within the community, so I think there are some policies within our comp plan that try to capture and promote some of the diversity and affordability that it sounds like this project is trying to capture, which I -- which I appreciate and in the light of our new comp plan and how it tries to frame those policies that we are to support, but comfortable enough as presented and with the -- the specific change to condition 5.1.M concerning the pathway, that it's appropriate in my eyes to go forward. I agree with Councilman Hoaglun, I think -- I think there was an example -- or the analogy to Reta Huskey Park is a great one with what this pathway and, then, an adjacent -- adjacent park can be long term for this area, which is -- I think will be wildly popular for -- for the entire region, so I'm supportive of it as presented with those changes. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I echo a lot of Council Member Borton's comments. I think Council Member Strader did a really eloquent job early on in her comments talking about the importance of the school district and appreciate your patience to let us get better data. I didn't recall in the first letter from the school district about the expansion that was happening at -- is it Meridian City Council March 17,2020 Page 46 of 53 Mary Mac. So, it seems they are building a modular to accommodate more students to accommodate the growth gave me more comfort. Appreciate the conversation back and forth about the pathways. You know, my -- my motivation is -- I mentioned that earlier -- this part of town is just really special and not going back and forth because we are trying to jam you out, because we want to keep it special. We know that that's your goal as well, so with the -- the discussion here tonight about the pathways, I'm -- I'm incredibly supportive of this. I think it checks so many boxes. It will be a great addition to our community. I'm not quite there that it provides affordability. Maybe it's a less expensive, but still higher quality housing options for folks in south Meridian, something that we definitely need in that part of town. Simison: Council, any further questions or comments? Bongiorno: Mr. Mayor, quick comment over here from the Fire Department. Simison: Are we allowed to take public -- Bill? Okay. Bongiorno: Just a quick comment for Council Member Cavener. I have seen the plans for the addition at the school. They are actually adding a building with four classrooms in it. Cavener: Wow. That's even better. That's great. Mr. Mayor? Simison: Councilman Cavener. Cavener: If nobody else has any comments, I'm ready to move things forward. So, Mr. Mayor, I move we approve Item 6-B, Graycliff Estates, H-2019 -- let me grab my agenda, make sure I do this right. Thank you. Sorry, I jumped ahead of things. Thank you, Mr. Hoaglun -- dash 0129, modifying the DA to -- I guess approve that as presented inclusive of condition 5.1.M, which speaks to the creation of the pathway on issuance of the phase three certificate of occupancy. I can't hear you. Sorry. Borton: Prior to. Cavener: Prior to. Did I say after? Prior to. Thank you. Prior to. Strader: Second. Cavener: Sorry. Simison: Do I have a second? Strader: Second. Simison: Okay. A motion and a second. Is there discussion on the motion? Meridian City Council March 17,2020 Page 47 of 53 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: My vote is going to be no tonight and I wanted to just discuss it really quickly. I owe it to the applicant and to Ms. McKay and the citizens that live in that area, to be honest with you. I -- I -- I just think that there is just too much uncertainty in regard to the open space. I realize it's going to happen by -- may or may not happen by the beginning of phase three, but in the meantime there is just going to be one little sliver of open space that's going to be usable and I would -- I would just like more -- more certainty in regard to the pathway and that extra portion of acreage to the north. I know that the parks and rec superintendent Mr. Barton has mentioned that he would rather have it all done in one phase, but as a -- as a homeowner living in that subdivision I would prefer to have more open space and so I just wanted to clarify that for the -- for the record before -- before the vote takes place. Simison: Thank you. Council, any further comments on the motion? If not, clerk will call the roll. Roll call: Bernt, nay; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: The ayes have it. Motion agreed to. Thank you very much. MOTION CARRIED: FIVE AYES. ONE NAY. Item 7: Future Meeting Topics Simison: Item No. 7, future meeting topics. Are there any future meeting topics the Council would like to have for a future agenda? Item 8: Executive Session per Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency; and 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: Okay. Item 8. Bernt: Mr. Mayor? Simison: Councilman Bernt. Meridian City Council March 17,2020 Page 48 of 53 Bernt: I move -- wait a minute here one second. We had an Executive Session earlier. We didn't quite finish and so I move that we go back into Executive Session per Idaho Code 74-206(c) and (f). Hoaglun: Second. Simison: I have a motion and a second to go into Executive Session and discussion on the motion. If not clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (8:33 p.m. to 8:48 p.m.) Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we come out of Executive Session. Hoaglun: Second. Simison: I have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. We have two items we would like to add to the agenda. One is a resolution and the second is an ordinance. You can add items to the agenda after the meeting has started and take action on them and I will -- and I will -- for the record Idaho Code 74-204(4)(c) says an agenda may be amended after the start of the meeting upon a motion that states the reason for the amendment and states a good faith reason the agenda was not included in the original agenda posting. Final action may not be taken on an agenda item added after the start of the meeting unless an emergency is declared necessitating action at that meeting. The declaration and justification shall be reflected in the minutes. So, we have had an emergency declaration across the county and across two counties yesterday by Mayor Simison and the other mayors around the state. State law requires after an emergency declaration is Meridian City Council March 17,2020 Page 49 of 53 made that the Council must review and approve that by resolution within seven days of the declaration. That would, then, make that emergency declaration good for 30 days and may be extended if needed in the future. Second, the second item is -- we were proposing an ordinance that provides powers for the Mayor to enforce -- or to enact, if necessary, during this emergency to create some safety for our community in regards to separation, business closures, limitations of large scale events and the like. So, the ordinance is required by Idaho Code to give the Mayor the authority to do those types of actions if needed. So, those two items in -- in my opinion as your counsel, because this is an emergency fits the requirements of the ordinance and maybe moved forward tonight if you would concur. Bernt: Mr. Mayor? Simison: Thank you, Mr. Nary. Mr. Bernt. Bernt: Thank you, Mr. Nary, for that clarification and that guidance. With that said I would like to amend the agenda to add Ordinance 20-1877 and Resolution No. 20-2195. Cavener: Second. Simison: I have a motion and a second to amend the agenda. Is there any discussion on the motion? If not ask the clerk to do a roll call vote. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. MOTION CARRIED: ALLAYES. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Just one request -- request that the Council would approve the resolution first and, then, move forward on the ordinance. [AMENDED ON TO AGENDA] Item 9-A: Resolution 20-2195: A RESOLUTION RATIFYING A DECLARATION OF LOCAL DISASTER EMERGENCY; AUTHORIZING THE CONTINUANCE OF THE LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR A PERIOD OF THIRTY (30) DAYS; AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD Meridian City Council March 17,2020 Page 50 of 53 LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Simison: Okay. So, Item 8 -- Borton: 8-A. Simison: 8-A. Resolution No. 20-2195. Ask the clerk to read by title. Johnson: Thank you, Mr. Mayor. I'm trying to find the title. I apologize. This resolution is a resolution ratifying a declaration of local disaster emergency, authorizing the continuance of local disaster emergency declaration and its terms for a period of 30 days. Authorizing the immediate expenditure of public money to safeguard life, health, and property and providing an effective date. Simison: You have heard this resolution read. Would anybody like it -- like it read in the entirety? If not, do I have any discussion or a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Resolution 20-2195 with suspension of rules. Hoaglun: Second. Simison: I have a motion and a second to approve resolution 20-2195 under suspension of the rules. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Resolution is approved. MOTION CARRIED: ALLAYES. Item 9-13: Ordinance 20-1877: AN ORDINANCE ADDING A NEW CHAPTER TO TITLE 4, MERIDIAN CITY CODE, REGARDING PUBLIC HEALTH HAZARD AUTHORITY; DEFINITIONS; PUBLIC HEALTH HAZARD ORDERS; PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS; PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Simison: Item 8-13 is Ordinance No. 20-1877. Ask the clerk to read the ordinance by title. Meridian City Council March 17,2020 Page 51 of 53 Johnson: Thank you, Mr. Mayor. An ordinance adding a new chapter to Title 4, Meridian City Code, regarding public health hazard authority, definitions, public health hazard orders, process for enacting public health hazard orders, penalty, adopting a savings clause and providing an effective date. Simison: Thank you. Is there anybody who would like this ordinance read in its entirety? Seeing none, do I have any discussion or motion on the ordinance? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe both. I'm happy to make a motion we approve Ordinance 20-1877 with suspension of rules. Hoaglun: Second. Simison: I have a motion and a second to approve Ordinance 20-1877 under suspension of the rules. Any discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Real quick. I'm sure like all of-- a lot of America, I have wavered around these issues that we are faced from somewhat as being dismissive about it to really being really scared and I think that both this resolution and this ordinance is a good step in our community's efforts to protect our citizens. I think it's important, Mr. Mayor, that oftentimes city leaders try to get it perfect in the box and we don't have time to get things perfect in the box and so I urge you to be quick and know -- I try really hard to never speak for this body, but to know that we as a body really have your back on this and want to support you in this. It's important not just for our employees, but for our community at large and I'm happy to be supportive of this. Simison: Thank you very much. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I also wanted to thank Deputy Emily Kane for putting this together. She -- you know, this -- this ordinance and this resolution has been adopted by other municipalities throughout the valley, including Boise. So, grateful Deputy Attorney Emily Kane for putting this together. Thank you. Simison: Thank you. I second that. Meridian City Council March 17,2020 Page 52 of 53 Nary: Mr. Mayor, if I can add one more thing to that comment. Actually, Deputy Attorney Ted Baird wrote the reso. We also provided that reso statewide to other municipalities, as well as the ordinance, so we are going to see this same one all over the place, both of them written by our folks. Bernt: Awesome. That's leadership right there. Simison: Agree. Do I have any further discussion on the motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just want to echo Councilman Cavener's comments and just state that, you know, I hope you feel that we do have your back and I know the whole community is counting on us and I just urge us to be as proactive as possible and I think that, you know, doing a great job might -- might result in looking occasionally like an overreaction and I hope and pray that that's the case, but I think the -- the danger of not acting is too great. Thank you. Simison: All right. With that ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Simison: Do I have any last motion for the evening? Bernt: Anything you want to say before we close the meeting? Simison: Just that I appreciate the confidence that you all have displayed with that effort and I will be in constant communication with you all if any of these actions need to be put in place, so -- Bernt: Thank you, Mayor. Simison: Thank you. Bernt: With that said I move that we adjourn the meeting. Hoaglun: Second. Meridian City Council March 17,2020 Page 53 of 53 Simison: Motion to adjourn the meeting. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 7 / 2020 Robert E. Simison, Mayor DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK