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HomeMy WebLinkAbout2020-04-14 Regular Meridian City Council April 14, 2020. A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, April 14, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Sonya Allen, Bill Parsons, Brian Harper, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Okay. Well, I'm going to call this meeting to order. For the record it is Tuesday, April 14, 2020, at 6:03 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item 2 is the Pledge of Allegiance. We will see how this goes. (Pledge of Allegiance recited.) Item 3: Community Invocation with Steve Moore of Ten Mile Christian Church Simison: We will now turn it over to Item No. 3, our community invocation Steve Moore of Ten Mile Christian Church. Moore: Let's bow our heads. God in Heaven, we just acknowledge that we are a community that is under your providence and I am grateful that I am a part of a community that pauses when we do business to recognize that you are the true leader of our world and of our universe and we praise you for that. We have just come through the -- the journey to the cross and we have found the empty tomb and that and these circumstances this year has impacted our lives in new and additional ways. I pray that the lessons we are learning as we are working together as a community to -- to stop something that -- that's really destructive, I pray that we will keep that lesson and we will retrieve that lesson of how well our community can work together. I pray that that spirit will be over this very Council meeting, that tonight that there will just be camaraderie and a unity among our Council and our Mayor as they make decisions that are in the best interest of our community. We pray for -- for that direction and for your protection. God, particularly we Meridian City Council Meeting Agenda April 28,2020— Page 28 of 272 Meridian City Council April 14,2020 Page 2 of 61 are missing one of our Council Members here tonight, Liz Strader, and I pray for--for her family and the loss of her father-in-law and we pray that this -- this time when it's so hard to deal with things that even the loss of life and that your -- your care will be with them, your spirit will bring them comfort and just that you would be with them in this hour. God, while we are making requests, I -- I both make request and express gratitude for those in the medical community that are serving us and putting their lives in a difficult situation and there is so many emotions besides the physical in their-- in their needs. I pray, God, also for first responders and for people involved in businesses that are providing us food and those sort of services that we all need, that you would protect them, give them special wisdom. I pray for our community that we would follow the leadership of our Mayor and our Council in just keeping a healthy community the best we can. We pray for your intervention and that our world -- would just move to a place that's safe again. We pray that this virus could be -- could be stopped swiftly. Be with those especially that have been affected financially, that their lives are upside down because of this, may we be neighbors to them in this season as well and come alongside them. God, we are grateful for your gift of love in Jesus Christ and in his name I pray, amen. Simison: Thank you, Pastor Moore. Appreciate it very much. Moore: Thank you, you guys. God bless you. Item 4: Adoption of Agenda Simison: Okay. Item No. 3. I'm sorry. Item No. 4 is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Let me get to my notes here. I'm -- there is -- there is going to be some changes to the agenda this evening, this regular meeting. We are going to -- Item 6-F and 6-G have requested to be continued to April 28th and Item 6-K has requested to be continued to May 19th. With those changes I move that we approve the agenda as amended. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I second the adoption of the agenda as amended. Simison: Okay. I have a motion and a second to approve the adoption of the agenda as amended. 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: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda April 28,2020— Page 29 of 272 Meridian City Council April 14,2020 Page 3 of 61 Item 5: Proclamation A. The Week of the Young Child Simison: Okay. So, next item we have on the agenda, Item 5-A is a proclamation for The Week of the Young Child. So, I do have a proclamation. We will pretend like I'm down, turn around the podium for this proclamation. But we are joined by Beth Oppenheimer, who is here to represent The Week of the Young Child. So, I'm going to go ahead and read this proclamation and, then, ask Beth for any comments she -- that she would like to make after the reading. Whereas the City of Meridian, in conjunction with the Idaho Association for the Education of Young Children and the National Association for the Education of Young Children, are celebrating The Week of the Child -- of the young --The Week of the Young Child and whereas these organizations are working to promote and inspire high quality early childhood experiences for our state's youngest citizens, that provide a foundation of learning and success for children in Meridian, and whereas teachers and others who work with or on behalf of young children from birth through age eight make a difference in the lives and deserve thanks and recognition and whereas public policy supporting early learning for all are crucial to young children's futures and to the prosperity of our society and whereas this is a time to recognize the importance of children's earliest years and shaping their development and to recommit ourselves to ensuring that each and every child experiences a type of environment at home, at childcare, at school and in the community that will promote early learning. Therefore, I, Mayor Robert E. Simison, proclaim April 11 th through 17th, 2020, to be The Week of the Young Child in the City of Meridian and encourage all citizens to work and support the efforts of Idaho AUIS and NAEYC and invest in early childhood in our community. Dated this 14th day of April 2020. So, Beth, thank you for giving me the opportunity to present this and we will invite you to make any comments. Oppenheimer: Thank you so much, Mr. Mayor and Members of the Council. I really appreciate you taking the time to issue a proclamation for Week of the Young Child. It's interesting this time, it -- this is an annual celebration that recognizes across the country our youngest children and especially those who work with and care for our youngest children, including parents and grandparents and family members, childcare providers, and everyone who joins together to support our youngest children and interesting that it happens to fall during this time and I hope that we can all take an opportunity, especially those childcare providers who have remained open to serve families of our essential workers during this time and -- and I think it's important to remember that our childcare providers are also essential workers, especially as they are caring for the young children that are keeping -- trying to keep our families healthy and safe as well. Real quickly I just wanted to say another thing about Week of the Young Child. All this week there is a theme every week -- or every day of this week. Yesterday was Music Monday and that's an opportunity to promote music and young children and whether that's singing a song or -- or playing some instrument or something like that, encouraging folks to participate in music. Today is Tasty Tuesday and I have heard lots of great stories of families and caregivers cooking with their young children. It's a great way to incorporate early math skills with our young children. Tomorrow is Work Together Wednesday. So, we will be Meridian City Council Meeting Agenda April 28,2020— Page 30 of 272 Meridian City Council April 14,2020 Page 4 of 61 promoting some activities that -- that everybody can join in and work together. It's a little bit different now that we are doing it virtually, but -- but we are still doing everything we can in our communities across the state to work together. Thursday is Artsy Thursday, so we are promoting art activities with young children and, then, we finish the week with Family Friday and we all know we are spending a lot of time with our families right now and so Friday is really a good time to reflect on the importance of family and the importance of supporting all of our young children. So, thank you again for issuing the proclamation. I believe at this point we have 25 cities across the state who have issued proclamations and we are so thankful. Idaho has the most cities and communities throughout the country that are issuing proclamations and I'm so happy that the City of Meridian has been in on this. So, thank you so much. Simison: Thank you, Beth. Appreciate it very much. Council, any -- any comments you would like to make? Okay. Appreciate it very much. Oppenheimer: Thank you so much. Item 6: Action Items A. Resolution No. 20-2201: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Appointing Elizabeth Lizzie" Taylor To Seat 1 And Jenifer Cavaness-Williams To Seat 7 Of The Meridian Arts Commission; And Providing An Effective Date. Simison: Okay. Moving on to Item 6-A. Council, the item you have before you is appointment of two individuals, Lizzie Taylor and Jennifer Cavaness-Williams to the Meridian Arts Commission. I was able to sit down with Leslie Mauldin and these two individuals prior to the COVID outbreak, but the appointment got a little waylaid as we were focused on some other items. I think that these two individuals and our conversation with Leslie will bring some good additional viewpoints to the commission. Both of them have artist genes that they are both actively a part of that, but they also bring a business sense to it with the loss of Gretchen Caserotti off of the Arts Commission, having -- having someone that really is also focused on the ins and outs of what needs to occur in terms of events and activities and looking at things in a different perspective, I think that that does something that -- especially that Jennifer brings to the commission with -- with her background and her perspective, but I -- I'm excited to nominate these two and I would be happy to stand for any questions. Okay. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve Resolution No. 20-2201, appointing Elizabeth Lizzie Taylor to Seat One and Jennifer Cavaness-Williams to Seat Seven of the Meridian Arts Commission. Meridian City Council Meeting Agenda April 28,2020— Page 31 of 272 Meridian City Council April 14,2020 Page 5 of 61 Cavener: Second. Simison: I have a motion and a second to approve Resolution No. 20-2201. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed? The ayes have it. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: And I do see that we have Jennifer Cavaness-Williams. I would see if she has any comments that she would like to make at this point in time now that she's been appointed. Cava ness-Williams: Can you hear me? Simison: Yes, we can. Cava ness-Williams: I just want to say thank you for this opportunity. I'm really looking forward to serving in this capacity. B. Resolution No. 20-2202: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Appointing Jared Smith To Seat 7 Of The Meridian Transportation Commission; And Providing An Effective Date. Simison: All right. Well, thank you, Jennifer. Appreciate you being here remotely. Okay. And I did not see Lizzie on the line or in the audience, so with that we will move on to Item 6-B, Resolution No. 20-2202 appointing Jared Smith to Seat Seven of the Meridian Transportation Commission. We had two great applicants for this seat. Jared brought a different-- I think the other applicant was someone that was much more into the -- he was a traffic engineer by -- by their profession and we already have quite a few traffic engineers currently on the Transportation Commission. So, Jared brought a little bit more of just a regular everyday perspective, you know, is new to the community and is looking to get involved in transportation issues and just really a passion for serving, a passion for the community and wanting to be involved and interested in transportation. So, I did reach out to the other applicant and told them to -- encouraged them to continue to apply and he said that he would, especially when we had someone that currently has traffic engineering experience maybe steps off the commission, so I would like to recommend that we appoint Jared to the commission. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't know if anyone has any comments. I will just -- another opportunity to speak so highly of our Transportation Commission and your point is well heard, we have got a lot of great engineers, but I'm really excited about this proposed appointee and if Meridian City Council Meeting Agenda April 28,2020— Page 32 of 272 Meridian City Council April 14,2020 Page 6 of 61 nobody has any questions or comments, I would be happy to make a motion. Mr. Chair, I move we approve Resolution No. 20-2202 appointing Jared Smith to Seat Seven of the Meridian Transportation Commission. Perreault: Second. Hoaglun: Second. Simison: I have a motion and a second to appoint Jared Smith to the Meridian Transportation Commission. 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: FIVE AYES. ONE ABSENT. C. Resolution No. 20-2203: A Resolution Authorizing the Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date. Simison: And I do not see Jared in the queue, so with that we will move on to Item 6-C. Johnson: Mr. Mayor, before you go to that, we have had several people raising their hands. I didn't know if you had a moment to talk about how the process will work this evening on the public hearings. Simison: Are they asking questions specifically to that do we think? Johnson: I am not sure. I can only -- I can only allow them to talk when they raise their hand. Simison: Do you have the question function enabled that they could send questions to you? Johnson: We do not have the Q and Afor this. Simison: Okay. Well, then, I guess if Council is amenable we can open up to see the one question that someone is asking. Bernt: Mr. Mayor? Cavener: Mr. Mayor? Bernt: Go ahead, Luke. Meridian City Council Meeting Agenda April 28,2020— Page 33 of 272 Meridian City Council April 14,2020 Page 7 of 61 Cavener: I assume we are going to say the same thing. This new approach I'm all about -- at least if the public has questions, want to get some clarification on the process, I think, Mr. Mayor, you will do a good job of letting the public know this isn't an opportunity to testify, but just to ask questions from a process standpoint and I'm supportive. Simison: Okay. All right. Chris, if you want to open it up for Mr. Binford, so we can see what question he asks. Mr. Binford, what question do you have? Binford: Yeah. Can you hear me okay? Simison: Yes. Binford: Yeah. My only question was there was an earlier move to move out some of the agenda items and I wasn't sure which of those -- it was pretty quick, so I would like to understand which ones were actually pushed. Simison: Treg, can you repeat that? Bernt: Sure. Binford: In specific I'm -- after the Bannock Ridge. What is it, 6-J? Bernt: Sure. Binford: Was that -- was that part of the original push? Bernt: So, Mr. Binford, thank you for your question. The Bannock Ridge item is still on the agenda for this evening. We requested to continue the -- Item 6-F and 6-G that have to do with our Community Development Block Grant-- Block Grant program and also Item 6-K was continued until May 19th. That was for a public hearing forAndorra Senior Living. Binford: It was just kind of quick through -- through those extensions and we were just trying to follow up with the agenda and what that meant for us. Bernt: I appreciate it. It's my fault. I should have been more clear. Binford: Thank you. Bernt: You're welcome. Simison: All right. Thank you. And, Chris, you will just have to -- I will trust that you will notify us if there is other questions that pop up from the -- from the community. So, with that we will move to Item 6-C. Mr. Nary, is this something you would like to speak to? Nary: Yes, sir. Mr. Mayor, Members of the Council, for the public's benefit this is an extension of the emergency declaration that was done 30 days ago. It expires this Meridian City Council Meeting Agenda April 28,2020— Page 34 of 272 Meridian City Council April 14,2020 Page 8 of 61 Thursday, so this will extend that time period for any necessity -- necessities and whether it be procurement or some other actions that the Mayor may need to take while this Governor's order is both in effect, as well as what might come next. So, this is just a continuation. It's required by code to come back to you within the 30 day time period for an additional extension. So, that's what it is. Simison: Thank you, Bill. Council, do you have any questions? Okay. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve Resolution No. 20-2203, a resolution authorizing the continuance of a local disaster emergency declaration and items for an additional 30 days. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I second that motion. Simison: I have a motion and a second to approve Resolution No. 22-03 -- 2203. Is there any discussion on the motion? If not -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just to echo what was stated last -- last time when we made this motion from Councilman Cavener. Just know that I think we are doing -- I think I can speak on behalf of Council, I think you have done a phenomenal job in -- in leading our city during this -- this -- this -- this trying time period and I also wanted to reach out and say thank you to staff who have supported you in your efforts as well. So, thank you very much. Simison: Thank you, Councilman. And as I have said --told many other people, it makes it really easy to do yourjob when you got a great team. If-- if there is no further discussion on the motion, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing: Proposed 2020 Summer Fee Schedule of the Meridian Parks and Recreation Department Meridian City Council Meeting Agenda April 28,2020— Page 35 of 272 Meridian City Council April 14,2020 Page 9 of 61 Simison: Item 6-D is a public hearing on the proposed 2020 summer fee schedule for the Meridian Parks and Recreation Department. It looks like I will turn this over to Garrett. White: Okay. Can you guys hear me all right? Simison: Yes. White: Right on. Well, thank you guys very much for having me tonight. Before you is the summer 2020 program fee proposals and schedule. The class fees listed are fees set by instructors per our contract with them and all internal recreation program fees are set to cover all direct costs of the program. Really with that I will stand with any questions anybody might have. Cavener: Mr. Mayor? Mr. Mayor, I think you are muted, but I think you are giving me the okay to go ahead. Simison: Councilman Cavener, yes. Cavener: Garrett, appreciate you bringing in this each time. I don't mean to put you on the spot, but can you just give Council and the public an understanding about what happens in terms of classes and programs that we are offering if they have to be cancelled because of continuing statewide orders? White: Sure. Sure. Right now we are just kind of taking it almost day by day just like everybody else is. Really it comes to -- you know, the size of the class comes into play. What the governor's order is. What our city stance is on all this COVID-19 concerns. Right now we have been refunding some classes if they have been canceled due to the COVID-19 and we are basically postponing or extending some of the programs if need be, like softball or volleyball and things like that. And, then, on top of that with the classes and stuff with our instructors, we are communicating with instructors and trying to make things work the best we can, but the reality of it is we are postponing things and/or ultimately if we have to cancel we refund fees. I hope that answers that question. Cavener: Sorry. Mr. Mayor. Thank you. Mr. Mayor, a follow up, though, if I may. Simison: Councilman Cavener. Cavener: Garrett, can you share with us -- you know, we have had a lot of conversations as a Council about full, partial, no cost recovery. Where do these classes fall? Are they a full cost recovery? Are they a partial cost recovery? Help me understand that. White: Sure. So, right now our contract instructors are on an 80/20 split. So, they get 80 percent of the fees and we get 20 percent of the fees and the 20 percent helps cover the admin -- administrative costs. For our youth programs that we run internally, such as like summer camp and things like that, the program fees cover those costs with a ten percent administrative cost built into that program fee as well. For the adult sports Meridian City Council Meeting Agenda April 28,2020— Page 36 of 272 Meridian City Council April 14,2020 Page 10 of 61 program it's a 20 percent admin cost compared to the ten percent with the youth and all the program fees cover all the direct costs of that. So, like with the summer camp, for example, all the direct costs include our seasonal staff, transportation, our field trips, our arts and craft supplies, things like that. So, all those -- that -- that cost recovery model was adopted in our parks master plan update that we did. I want to say it was late December, January of '15, '16, something like that. But that -- that's kind of how our cost recovery model currently works. Cavener: So, Mr. Mayor, a follow up then. Simison: Councilman Cavener. Cavener: Garrett, is it possible, then, that some of our classes we are not recovering the full cost to operate it? The 20 percent administrative costs? But say, for instance, the adult flag football or ballet three where it's a 20 percent, are we confident that -- that we are recovering the total cost to operate that program and the overhead and maintenance of our buildings, facilities, etcetera? White: Councilman Cavener, good question. So, we look at each one of our programs with a different or a separate budget per program and that's kind of how we come up with our fees. So, in that -- in that budget -- I know when I was doing adult sports say such as flag football, we added every kind of cost we could think of when it came to the cost of flights, like to line paint, to the flags, to the pylons, to the cones and everything we could think of to cover all those direct costs for that. So, to answer your question, each of those either break even that include the 20 percent admin cost and/or, you know, make a little bit of money based on if we have higher numbers than projected. Cavener: Mr. Mayor, one more if I may. Simison: Yes. And I would be happy to get rid of your question if you would like to. Cavener: No. I don't think there is really a question, I just -- I want to make sure that I'm -- I'm hearing you correctly. Is the -- the cost of the class covers all of the hard costs, facilities, equipment, officials, et cetera and, then, on top of that a 20 percent to cover the cost of staff that manage the program; is that correct? White: Correct. If I'm understanding you correctly, correct. Cavener: Okay. Simison: But I would point out that I don't think it covers the cost of what it takes to operate the Home Court to run a program within -- or all the one hundred percent of the administrative costs of our Parks and Recreation Department. There is a certain cost recovery, but it's not going to be one hundred percent of all costs to pay for every aspect of the recreational programs we do. Meridian City Council Meeting Agenda April 28,2020— Page 37 of 272 Meridian City Council April 14,2020 Page 11 of 61 White: Mr. Mayor, that is correct. Yeah. The Home Court is kind of its -- its own animal. Cavener: Sure. Okay. Thank you. White: Yeah. Simison: Are there any other questions for Garrett at this point in time? Do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: This is a public hearing and I just wanted to check with Chris if there is anybody in the queue for this. Simison: Thank you very much for helping me get back into the public hearing mode. Yes. Is there anybody that -- in the queue or that would like to provide public testimony? And, Chris, I think that we probably have provided some information to people, but I assume we would ask people to raise their hand if they would like to provide testimony? Is the direction you are giving people at this point in time? Johnson: Yes, Mr. Mayor. We have asked people to sign up in advance and have that on our website. Adrienne will call those who have signed up in advance and, then, you can move to others who would like and I will unmute those at that time. But there were no signups in advance for this topic. Simison: Okay. Johnson: Nobody raising -- currently nobody is raising their hand. Simison: Okay. Hoaglun: So, Mr. Mayor, I don't know how long we want to pause for anybody to raise their hand -- Simison: And technically -- Bill, I'm going to ask the question. I don't know that I technically opened the public hearing in this process, so while -- while we do that why don't I open the public hearing on the proposed 2020 summer fee schedule of the Meridian Parks and Recreation Department and see if there is any additional comments or public testimony at this point in time. If not, I would entertain a motion to close the public hearing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda April 28,2020— Page 38 of 272 Meridian City Council April 14,2020 Page 12 of 61 Hoaglun: I move that we close the public hearing on the proposed 2020 summer fee schedule Meridian Parks and Recreation Department. Perreault: Second. Simison: I have a motion and a second to close the public hearing on the proposed 2020 summer fee schedule of the Meridian Parks and Recreation Department. 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: FIVE AYES. ONE ABSENT. E. Resolution No. 20-2192: A Resolution Adopting the Summer 2020 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adopt Resolution No. 20-2192, which adopts the Summer 2020 schedule for the Meridian Parks and Recreation Department. Simison: And that's Item E on the agenda? Correct, Mr. Nary? Nary: Yes, sir. Simison: Okay. Do I have a second? Perreault: Second. Simison: I have a motion and a second to adopt Resolution No. 20-2192. Is there any discussion on the motion? If not, the clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault, yea. Simison: All right. All ayes. Motion passes five to zero. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Thank you very much, Garrett. Appreciate your time this evening. Meridian City Council Meeting Agenda April 28,2020— Page 39 of 272 Meridian City Council April 14,2020 Page 13 of 61 White: Thank you, guys. F. Public Hearing: Community Development Block Grant Program Year 2019 Action Plan Amendment G. Resolution 20-2191: A Resolution Approving Adoption Of A Substantial Amendment To The Community Development Block Grant Annual Action Plan For Program Year 2019; Authorizing The Mayor And City Clerk To Execute And Attest The Same On Behalf Of The City Of Meridian; Authorizing The Community Development Program Coordinator To Submit The Same To The United States Department Of Housing And Urban Development; And Providing An Effective Date Simison: So, Items 6-F and G have been moved. So, we are to Item H, a public hearing for Blue Valley Elementary School, H-2020-0023. I will open this public hearing with staff comments. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: You have to make a motion to move Items F and G. I think the only thing was it was noticed at the beginning that that was going to be done. Simison: Okay. All right. Thank you, Bill. Do I have a motion to move Items F and G? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we move Items 6-F and G --that's been requested to --to be continued to April 28th. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second to move Items F and G to April 28. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing for Blue Valley Elementary School (H-2020-0023) by Becky Yzaguirre, The Land Group, Located at 1830 W. American Fork Dr. Meridian City Council Meeting Agenda April 28,2020— Page 40 of 272 Meridian City Council April 14,2020 Page 14 of 61 1. Request: To vacate the portion of note #17 on the Southridge Subdivision No. 1 plat that prohibits direct lot or parcel access to S. Spanish Fork Way. Simison: Okay. Now we will open up Item 6-H, a public hearing for Blue Valley Elementary School, H-2020-0023, with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The first application before you tonight is a request for a vacation. It's actually a modification to a plat note for South Ridge Subdivision No. 1. This site is located on the west side of South Linder Road just south of West Overland Road. The final plat was approved by City Council back in 2008. The applicant proposes to amend Plat Note No. 17 on the recorded plat for South Ridge Subdivision No. 1, which prohibits direct lot or parcel access to South Spanish Fork Way, to allow an exception for Lot 2, Block 2, to have two accesses for the proposed elementary school. The two accesses are proposed to accommodate an ingress-egress for school buses and parent pick-up-drop-off lanes. The proposed change to the plat note would still restrict access to the collector street for other lots in the subdivision. The final plat approved by Council in 2008 did not include a note prohibiting direct lot access to South Spanish Fork Way, a collector street. Note 16 on the plat stated direct lot or access -- excuse me -- direct lot access to South Linder Road and West Overland Road is prohibited. Prior to ACHD signing the plat they required the applicant to modify the note to add a restriction prohibiting direct lot access to South Spanish Fork Way. Even though the city didn't require the restriction, because it is on the plat, the Ada county surveyor requested City Council, along with ACHD, approve the proposed modification prior to removal of the note from the plat. A traffic impact study was submitted to ACHD for review with the request for modification to the plat note. Although ACHD policy does not allow the proposed accesses, staff recommended a modification to policy to allow only one driveway onto Spanish Fork Way 400 feet north of the roundabout. Only the northern access for school buses and staff was approved due to the following reasons. There wasn't sufficient justification in the traffic impact study for two driveways. The southern driveway is proposed to be located on the departing leg of the roundabout and drivers are typically accelerating as they exit and are not prepared to stop. The southern driveway doesn't meet district policy for right-in, right-out only driveways to be offset at least 220 feet from a signalized intersection. And, lastly, the southern driveway doesn't meet district policy for the driveway to be offset 245 feet from the north driveway. The applicant submitted a response to the staff report in agreement with staff's recommended change to the plat note and the single access via South Spanish Fork Way. A revised site plan was submitted depicting the access approved by ACHD as shown. No other written testimony was submitted. Staff is recommending approval of the request as follows: Plat note 17 should read direct lot or parcel access to West Overland Road, South Linder Road and South Spanish Fork Way is prohibited, except for Lot 2, Block 2, consistent with ACHD's action on the matter per their revised site plan. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions for staff at this point in time? Okay. Then I will ask the applicant to come -- applicant to please unmute themselves. I assume this is Mr. Russell, but, please, state your name and address for the record, please. Meridian City Council Meeting Agenda April 28,2020— Page 41 of 272 Meridian City Council April 14,2020 Page 15 of 61 Russell: Thank you, Mr. Mayor, Members of Council. My name is Doug Russell. I'm with The Land Group. 462 East Shore Drive in Eagle, Idaho. And I am representing the West Ada School District on this project this evening. I think that Sonya summed things up pretty well and I have nothing further to add, but I would be happy to answer any questions that you might have for me tonight. Simison: Council, any questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Mr. Russell, for being with us this evening. Does this significantly change the flow of how parents or family members and buses will drop off and pick up students? Russell: Council Member Perreault, we do -- we had originally desired to have a parent egress lane onto Spanish Fork Way. However, ACHD was adamantly opposed to two accesses on Spanish Fork Lane. We do feel that that would have made things work maybe a little more smoothly. That said, the main focus in the site plan is to have parent pick up and drop off separated from the bus lane, which we were able to achieve and so we do feel confident that this -- that this site plan is going to work well. We kind of -- I guess went for the fence and then -- the first go round and ACHD just couldn't come to terms with that due to the close proximity of the roundabout. So, we -- we settled on this site plan. We have ran this by the West Ada School District's busing professionals and they are comfortable with it and so we do feel like it is going to function well without that access. Simison: Thank you. Any additional questions for the applicant? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Mr. Russell, not -- I guess a question that pertains specifically to the project, but maybe just some insight from you. As I understand this school was supposed to be built based upon successful passage of a bond that West Ada was going to run this spring. I understand they have delayed that. Do you know has that impacted any communication they have had with you about delaying the construction of this project and, if so, when do they anticipate building it? Russell: Council Member Cavener, I do not have the exact answer to your question as to when they plan to build the school. I do have some basic information in regards to the bond. My understanding is there was concerns about participation in light of recent current events and so, therefore, that has been postponed. I could not tell you when they are planning to carry that bond forward and start construction on this project, but I can tell Meridian City Council Meeting Agenda April 28,2020— Page 42 of 272 Meridian City Council April 14,2020 Page 16 of 61 you that they have directed us to continue moving forward with our design and we are -- we are beyond 90 percent completion with construction documents and we plan to wrap these up fairly soon. So, my guess is they are going to put these on the shelf very close at hand and as soon as they feel like they can get this bond passed they will move forward immediately. I do know that this is an important school for the district. Simison: Thank you. Any other questions? Okay. Thank you. This is a public hearing. Chris, did we have -- or, Adrienne, did we have anyone who signed up in advance? Weatherly: Thank you, Mr. Mayor. One person. Shawn Conner. Simison: Okay. Is Mr. Conner with us in the system? I did see Shawn who is an attendee. Johnson: Mr. Mayor, he has permission to speak in the system if he wants. Simison: Yes. While we are getting this put in place, just a reminder that after the staff presents the background information, the applicants have up to 15 minutes. Public testimony. Each person is given up to three minutes to testify and, then, the applicant will have the final comment following all public testimony. And with that we will -- just information for all these public hearings as we move forward. So, no one would like to testify on this item? Is that your confirmation, Chris? Johnson: I just spoke into a muted microphone. My apologies, Mr. Mayor. He is unmuted and able to speak, but I have not gotten a response. Simison: You have not got a response from him yet? Johnson: That is correct. Russell: Mr. Mayor, this is Doug Russell again if I may. If it's Shawn Conner that's on the list, I in no way would want to inhibit him speaking, but I would just like to clarify that he is with my office and working on this project with me, unless he has something he wants to add in the way of a public member, I think as far as representation for West Ada we are okay. That's all I will say on that matter. Simison: Okay. Well, since we have not gotten any response I guess I will turn this over to Council if they feel comfortable with that information about -- if they would like to make a motion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve the Blue Valley Elementary School application, H- 2020-0023, to vacate the plat note for Southridge Sub No. 1. Meridian City Council Meeting Agenda April 28,2020— Page 43 of 272 Meridian City Council April 14,2020 Page 17 of 61 Nary: You need to close the public hearing first. Perreault: Oh. My apologies. Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing for Blue Valley Elementary School, H- 2020-0023. 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. Those opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Perreault: Would you like me to try that again? Simison: Absolutely. Council Woman Perreault. Perreault: I move that we approve the -- the application for the vacation of a plat note for South Ridge Sub No. 1 on application 2020-0023 for Blue Valley Elementary School. Cavener: Second. Simison: I have a motion and a second to approve Item H-2020-0023. 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, absent; Perreault, yea. Simison: All ayes. Motion passes. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. I. Public Hearing for Idaho Central Credit Union (H-2020-0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. 1. Request: Modification to the Existing Development Agreement for TM Creek Subdivision ( Inst. 2017-113747) to update the conceptual development plan for the site to allow for the development of a financial institution with a drive- through. Meridian City Council Meeting Agenda April 28,2020— Page 44 of 272 Meridian City Council April 14,2020 Page 18 of 61 Simison: With that we will move on to Item 6-I, a public hearing for Idaho Central Credit Union, H-2020-0016. I will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you is a request for a modification to the existing development agreement. This site consists of 2.03 acres of land. It's zoned C-G and located at 3152 West Peak Cloud Lane at the southeast corner of West Franklin Road and South Ten Mile Road. A development agreement exists for this site that has been amended a couple of times previously. The applicant proposes a modification to the existing agreement to update the conceptual development plan for the site to allow for the development of a financial institution with a drive thru for Idaho Central Credit Union. The existing concept plan depicts building footprints for three separate structures on Lots 9 through 11, Block 2, TM Creek Subdivision No. 2. Structures are depicted abutting the adjacent street buffers along Ten Mile and Franklin Roads to the north and west and the drive aisle along the south boundary with parking internal to the site. A single driveway for a drive thru is depicted on the north and west sides of the building at the corner of Franklin and Ten Mile Roads. The applicant intends to combine the three lots into one parcel through a subsequent property boundary adjustment application and construct one 5,672 square foot single story structure with five drive-thru lanes on the north side of the building adjacent to the street buffer along Franklin Road, with an exit driveway along the west side of the building adjacent to the street buffer along Ten Mile Road and parking to the south and east of the structure. The development agreement states that most buildings along South Ten Mile Road should address the street by being built to the street buffer in accord with the Ten Mile interchange specific area plan. This provision is especially important as this site is situated at the corner of two major access thoroughfares, Franklin and Ten Mile Roads, and is highly visible from these roadways. The proposed building is not planned to be built to the street buffer as desired and the five drive-thru lanes will be highly visible from Franklin Road, directly conflicting with the intent of the aforementioned development agreement provision. The development agreement also requires all future development to be consistent with the design elements contained in the Ten Mile plan. The design standards listed in the UDC, 11-3A-19, and the design guidelines in the Meridian design manual, which has been replaced by the architectural standards manual. The following are goals and design elements in the Ten Mile plan that are applicable to the proposed development, along with staff's comments in regard to consistency with these elements. The first traditional neighborhood design concepts with a strong pedestrian oriented focus are essential. The proposed drive thru use and design with five drive-thru lanes is extremely vehicular focused and not pedestrian as desired. Street oriented design is critical in urban environments and especially at a gateway to the Ten Mile area, such as this. Buildings should be at or close to the property line creating a consistent edge to the public space and making streets more friendly and walkable. The proposed structure is separated by five drive-thru lanes on the north side of the building adjacent to Franklin and one driveway on the west side of the building adjacent to Ten Mile. All new commercial buildings should have continuous unbroken frontage along required build to lines to a minimum height of 30 feet or at least 75 percent of the property frontage. The proposed building height is only 22 feet. Most of the existing structures in the overall development so far are built to the frontage. Furthermore, their proposed building and Meridian City Council Meeting Agenda April 28,2020— Page 45 of 272 Meridian City Council April 14,2020 Page 19 of 61 site design lack any gateway features or enhanced integration with the overall site and district, despite the prominent corner visibility. New buildings at street intersections should hold the corners and avoid additional building setbacks, unless a new public space is specified. The proposed building is set a substantial distance away from the intersection and is separated by major vehicular oriented drive-thru lanes. No public spaces are proposed. At least 40 percent of the linear dimension of the street level frontage shall be in windows or doorways. While the west elevation is consistent with this design element, the north elevation has no windows or doorways. The goal in these areas is to achieve a floor area ratio of one to 1.25 or more. The proposed development has a bar of .06, which is .94 under the minimum desired. In order to achieve this goal and recognizing the site limitations with the Ten Mile Creek, buildings must be multi-story or make heavy use of shared parking areas and with less vehicular oriented design. Multi- story examples at other banks that would be in closer alignment with the FAR goals that exist at the northeast corner of Fairview and Eagle and on the southeast corner of Eagle and Overland. So far this area is not developing consistent with the floor area ratio goal in the plan. Building height should be two to four stories over much of the area, with opportunities for taller buildings in a few locations. Their proposed building is only a single story in height. So far the TM Creek commercial use area has only developed with single story buildings. The future commercial buildings to the east in the TN-C district are required by the development agreement to be a minimum of two stories in height. Four story apartment buildings have been constructed to the east and south within the TM Creek area. Single story structures surrounded by surface parking and drive aisles make it difficult for the plan to ever meet the unique destination elements of the plan that would draw and support broader demographic diversity important to many employers in this area. The following are design elements in the UDC, 11-3A-19, that are applicable to the proposed development. Site design. For lots with frontage on a public street, a minimum of 40 percent of the buildable frontage of the property shall be occupied by building facades and/or public space. Within mixed use areas, such as this, buildings may be placed away from roadways if a minimum of 30 percent of the building frontage is occupied by building facades and/or public space. The building is proposed to be located away from the adjacent roadways. There are no buildings or public space along the frontage of this property. However, there are buildings along the buildable frontage on the larger mixed use designated area. Pedestrian walkways. A continuous internal pedestrian walkway that is a minimum of five feet in width is required to be provided from the perimeter sidewalk to the main building entrance for nonresidential uses. Where the walkway crosses vehicular driving surfaces that is required to be distinguished from the vehicular surface through the use of pavers, colored or scored concrete, or bricks. There is a pedestrian walkway depicted on the site plan from the sidewalk along Ten Mile Road to the main building entrance, but there is not a pedestrian walkway from the north from the sidewalk on Franklin Road. One will be required. During the pre-application meeting staff discussed with the applicant the need for the structure to be built to the street buffer along Ten Mile and Franklin Roads and discussed other site design options. These options consisted of locating the drive thru on the south side of the building or detaching the drive thru from the building and locating it south of the building similar to that of Cap- Ed Credit Union located at the intersection of South Meridian Road and East Overland Road and there is a diagram of an example in your staff report if you would like to Meridian City Council Meeting Agenda April 28,2020— Page 46 of 272 Meridian City Council April 14,2020 Page 20 of 61 reference it, if you haven't already. The proposed plan is deficient in many of the goals and design concepts and elements in the Ten Mile plan as noted. Due to its location at a major intersection and gateway to the Ten Mile area development of this site consistent with the Ten Mile interchange plan is key. If the proposed concept plan is approved by Council, staff recommends as a provision of the amended development agreement that screening is provided in the street buffers along Ten Mile and Franklin Roads adjacent to the five drive-thru lanes in the form of berms, landscaping, walls, architectural elements or combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways. Concept building elevations for the financial institution were submitted as shown. The design of the structure is required to comply with the design elements in the Ten Mile plan as set forth in the development agreement and with the standards in the architectural standards manual. This review will take place with the middle of the design review application with the certificate of zoning compliance application. A conceptual perspective drawing was submitted for the north side of the building demonstrating how the drive thru area could be screened with vegetated screen walls as shown. Staff is supportive of this concept if the proposed concept plan is approved by Council, but would like to see more landscaping, trees and shrubs, and berming within the street buffers adjacent to the drive thru along with the screen walls. If Council approves the applicant's request for an amendment to the concept plan, staff recommends that berming and additional landscaping, trees and shrubs, with vegetated screen walls are provided in the street buffers adjacent to the drive thru along the north and west boundaries of the site as previously mentioned. Written testimony has been received from Aurora Riopelle, the applicant's representative, in agreement with the staff report. Staff will stand for any questions. Simison: Thanks, Sonya. Council, do you have any questions for staff? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Real quick question for Sonya. To require additional landscaping are there minimum standards that we have already that to -- to say, okay, you need to do this, how do we -- how do we be specific about, yes, you need additional landscaping? Allen: Councilman Hoaglun, Mr. Mayor, Councilmen, there are no specific requirements specifically like a certain amount of trees per linear frontage, that kind of thing. If you want to approve this with a dense landscape buffer, I would suggest possibly a buffer that results in trees that touch at maturity, similar to landscaping within buffers to -- abutting like commercial uses on residential properties. Hoaglun: Mr. Mayor, Sonya, thank you. That helps a little bit. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Meeting Agenda April 28,2020— Page 47 of 272 Meridian City Council April 14,2020 Page 21 of 61 Perreault: Sonya, would you help -- help me understand -- it sounds like from your presentation that the application does not meet the site design requirements. There are challenges with pedestrian walkways. There are challenges with it complying with the intended plan for the TM Creek area. It doesn't sound like there was any additional information provided by the applicant that addressed any of those concerns that the staff had specifically. I guess what I'm trying to understand is -- is basically if Council approves the applicant's request we are, essentially, saying that the applicant does not have to comply with all of the concerns that were just pointed out in your presentation? Allen: Mr. Mayor and Council Woman Perreault-- Council Woman Perreault, Councilmen, it would be letting them out of the floor area ratio design elements of the plan and the height. The applicant did come back with the plan that's before you with the screen walls as -- as kind of a mitigation for -- for screening that drive thru from the public street. So, that is one thing they have done. The pedestrian walkway connection from the north is something that we could condition to be provided with the certificate of zoning compliance, but overall the site layout as is is what they are proposing and that's -- that's what's before you tonight for your -- for your decision on. Simison: Are there any additional questions at this time? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Sonya, on that FAR, the floor area ratio, in the Ten Mile Creek area, is -- is that just for the corners or is that for that whole development? Allen: It's for the entire Ten Mile area, Mr. Hoaglun. Hoaglun: Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: In looking -- you know, driving past that regularly is that something that the other buildings have achieved or is -- are they lacking as well? Because as noted other -- other buildings are two story. Allen: Mr. Mayor, Councilman Hoaglun, Councilmen, that--that's the reason that Council is bringing up these issues is that so far we have not received the development that complies with the FAR goals. So, Council really needs to consider in approving this application for this application, as well as future applications, how this is going to affect the Ten Mile area. Simison: Okay. Thank you. With that I will ask the applicant to come forward and I believe -- I'm assuming it's going to be Aurora -- and I will not try to pronounce the last Meridian City Council Meeting Agenda April 28,2020— Page 48 of 272 Meridian City Council April 14,2020 Page 22 of 61 name, even though it was already stated, but, please, come forward and say your name and address for the record, please. Heazle: Mr. Mayor, this is Mark Heazle with Lombard Conrad Architects. I am a principal at Lombard Conrad. Aurora is one of my staff members. Simison: Okay. Thank you. Heazle: I want to thank you and thank the City Council for -- for reviewing this. My address is 1221 Shoreline Lane, Boise, Idaho. 83702. And I'm representing Idaho Central Credit Union. We also have Dustee Woolstenhulme on the line, who is the representative for Idaho Central Credit Union. So, at any point we would like to hear from the owner we can. I will -- I will start by saying that public safety and pedestrian safety is first and foremost on our minds when it comes to site layout and with a financial institution that does require having lanes -- or traffic lanes. The layout of those lanes is critical. This site is a unique configuration with these three parcels. We are flanked to the east with a irrigation district easement and the -- the parcels that we are consolidating create somewhat of an L shape. So, with these three parcels and the consolidation, laying out of the drive thru as we tried and looked at several different variations of how to put these drive thrus on this site. The issues that we ran into while laying out the drive thru locations were that we --when locating these elsewhere on the site and with the turn-ins off of West Peak Cloud Lane and the adjacent drive to the east, putting these -- these drive thrus on any other location puts pedestrians at risk. What we really want to mitigate here is pedestrian access crossing over drive thru lanes. In Idaho we --we have multiple different variations of vehicles that people drive from, you know, small Priuses to large F-350s and what we do not want to have happen is family members -- a mother and their children crossing over a drive thru lane in order to access the credit union and for somebody fumbling through their wallet or trying to take care of their receipts to pull out and accidentally hit a -- hit a child or -- or a pedestrian. So, when laying out the site we -- we -- reviewing the best safety to the pedestrians was to locate this drive on the north side. We understand that -- that that does put the city in a position to having to -- to reviewing and approving a layout and a concept that deviates from the set standards out here and we are cognizant and Idaho Central Credit Union is cognizant as to the responsibility to the community to provide aesthetically pleasing and long-term institutions. They are not building these financial institutions to last three to four years, they are building these to last 15 to 20 years. So, this is a long term facility that will be out here for hopefully multiple generations. When discussing this with the city prior we -- we discussed the concerns with the layout with the drive thrus being at the intersection of Ten Mile and Franklin Road and one of the suggestions made and one of the suggestions that we thought was -- was a good approach to help screen this was to provide an architectural and landscape screen wall on the north side along Franklin Road. What this does is it -- it helps screen the drive thru traffic on the northernmost ATM lane from vehicle traffic off of Franklin Road. We do not currently have berming shown or additional landscape as -- as was commented on in the revised staff report. We are happy to work with the city to revise frontage landscape to come with -- come up with a compromise and a solution that works for the city. Idaho Central Credit Union wants to be out at this location, wants to be a part of this community Meridian City Council Meeting Agenda April 28,2020— Page 49 of 272 Meridian City Council April 14,2020 Page 23 of 61 and wants to provide pleasing facilities that are not only safe, but -- but meet the -- meet the requirements of the city. This was our -- the most appropriate solution for this as -- as we saw it. Again having the -- the irrigation easements that would not allow us to build structures over it, including a drive thru lane or a remote drive thru puts us at a hindrance as far as the -- the best and most appropriate layout and location for this credit union. I would also mention that to the south we have Happy Teriyaki and Epic Shine Carwash that also have what I can tell drive thrus along South Ten Mile Road. I believe we are providing a very aesthetically pleasing building out here and we will work with the city to make sure that we are providing adequate berming and adequate landscaping to -- to make sure that this --this meets the city-- the city requirements or come to a compromise on how to meet the city requirements with landscaping. If there is any other questions we can loop Dustee Woolstenhulme in at this time if-- if the Council would like to ask any questions of the architect specifically or the owner specifically. Simison: Thank you, Mark. Council, do you have any questions for the applicant at this time? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. So, this is -- I'm familiar with this --with this location. It is a unique -- uniquely shaped property with the three lots and how they are -- how they join together and -- and all the different factor -- geographic -- geographical factors on that site. Mark, first of all, let me say that I think the screens are very nicely done, that they are aesthetically appealing at least from the -- the photos that are on here, the renderings that are on here. Two questions for you. The first would be would the screens extend farther down to the -- to the east to -- to cover potentially your three or four cars that are --that are lined up to go through or is it --they just -- are they just going to stop, you know, essentially, behind what would be the first or second car? And, then, the other question I have is sort of a bigger picture question, which is what -- what is it about this building in this location that would encourage us to -- to basically approve something that -- that doesn't really fit with the plan for this area. What is unique about -- about your building that would encourage us to basically overlook a bunch of requirements that had already been set for the Ten Mile Creek area? Heazle: Thank you for the question. I would address the first question. We in the concept, yes, we do only show that covering primarily just the -- the main drive right there, that -- that 62 feet of ATM area. We can extend that further over to cover more of that eastern section to -- to help screen any incoming vehicles. That might be -- it might be better addressed with berming on that end. We do need to address the fact that the Council has commented on providing landscape berming in here and -- and I think we could have a nice mixture of these screen panels and a mixture of the berming as well. Now, whether that berming happens on the east end or the screen panels extend I would -- I would be fine with either of those options and coming up with a concept to extend that screen wall to the east to -- to mitigate visibility of that traffic, as well as some -- some Meridian City Council Meeting Agenda April 28,2020— Page 50 of 272 Meridian City Council April 14,2020 Page 24 of 61 additional tall tree areas. Now, as far as the second question goes, what makes this an appealing site? The -- the appealing site would be that this is at the intersection of West Franklin and Ten Mile Road. I think the -- it's been very evident over the past several years that the City of Meridian is growing -- growing very rapidly and with this parcel in this undeveloped site this would be a -- a very nice iconic location for -- at Franklin and Ten Mile for Idaho Central Credit Union to have a very aesthetically pleasing branch. The general material palette that we use on these facilities is a mixture of long lasting metal panel and -- a composite metal panel and brick. This design is -- is primarily a metal panel and -- and brick structure. It is -- you know, the -- if you -- if you look at this compared to an EIFS system this is a 20 to 25 year plus product before it is refinished or needs maintenance. We are using durable, strong materials to establish a presence here. We want to show that this is a financial institution that is going to be here for the long term and we are doing that I believe through the materials and not only through the materials, but also through the -- the entry location. I know it's not presented here -- maybe on the prior slide, but as you can tell we have a very strong open public entrance on that southside off of West Peak Cloud Lane. That does have a very -- a taller volume. So, we do have a mixture of solid wall on the front, but we also have a very nice mixture -- a nice area of open glazing off of South Peak Cloud Lane and it will be very evident from Ten Mile Road with the -- I would say the pitched roof at the main entry. Perreault: Mr. Mayor, a follow up. Simison: Council Woman Perreault. Perreault: Thank you. I guess maybe my second question wasn't -- wasn't very clear. What I was asking -- obviously, this is a very desirable intersection with as much traffic as comes by this location. I guess what I was asking was is there something unique that Idaho Central is providing to this Ten Mile area that, you know, perhaps -- or have you looked at other-- other sites in -- within the entire development or what -- I guess -- is that -- is my question making sense? It's sort of like I look at this as a trade off. If we are going to allow -- allow you to -- to not meet all these other requirements within the Ten Mile Creek, is there something that's very unique about what you are doing that couldn't go in in a different location? Heazle: I understand -- I think I understand the question. I think this question is better suited for -- for Dustee Woolstenhulme, the owner's representative from Idaho Central Credit Union. The question sounds to be -- sounds to me to be like -- as far as the catchment area and as far as what -- what services is this financial institution providing that no other -- or that isn't present here currently that this community needs and if we are able to -- Sonya -- or I don't know who is controlling -- would we be able to -- to open him up to comment on this? Yes, I can hear you. Woolstenhulme: Statistically two of our Council Members should be members of Idaho Central Credit Union. Nary: He needs to identify himself for the record, please. Meridian City Council Meeting Agenda April 28,2020— Page 51 of 272 Meridian City Council April 14,2020 Page 25 of 61 Woolstenhulme: This is Dustee Woolstenhulme, project manager for Idaho Central Credit Union. Address P.O. Box 2469, Pocatello, Idaho. 83206. Statistically two members of the Council should -- one or two members of the Council should be members of Idaho Central Credit Union. Somewhere between one in four and one -- one in six residents in -- depending on the area of Ada county are members of our credit union. We provide a very essential service to members to our communities. We are a credit union. As a credit union we are one of the best as far as financial institutions go. We are number one in the northwest for our return number. That means that we are better for the people who are members of the credit union than anybody else in the northwest. As a community you want financial institutions like that. We are good for you. We are good for Idaho. We are good for Ada county and we are good to our members. We are -- our -- our mission statement is helping Idaho and helping others achieve financial success. Now, yeah, maybe -- maybe it would be great if this building were seven feet taller or if -- if the drive- ups weren't visible, but this location is highly attractive only because of the visibility. You build a bunch of berms and put trees that touch edge to edge that block the visibility of the building, then, residents of Meridian won't be able to tell that there is a financial institution there to help them. So, those sorts of things -- those sorts of decisions that are very unfriendly to business are very unfriendly to the people who -- who use those businesses. I get -- and I understand the desire to have a very pedestrian friendly community, but-- but we all know that we just came out of six months of winter when folks aren't going to be walking five miles to get to this branch. We also as a credit union we know that in order for a financial institution building to be very successful it needs somewhere between 20 and 25 thousand members to have very easy access and easier the access the more successful for them and for the local branch location. So, all these things that make us hard to see, hard to get to, make it dangerous for our members, for elderly members, for are young mothers having to walk across the drive aisles where vehicles are -- are going through the same area or have to walk around the entire site to get to a sidewalk are unfriendly to -- to business and they are unfriendly to the members and to your residents in your local community. So, yeah, we have made some compromises here. We have tried to do the very best we can. We are good neighbors. We are good for Idaho. Now the other side of that is if you -- you know, if you push and you -- and you really want this to be 30 feet tall or two stories tall, very heavily biased towards sharing parking with -- with one of our neighbors, all of those sorts of things that staff level review push for, will it drive us away? Maybe not. But it -- it just won't be as good for the members and for the residents of the community and that should be the most important thing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yes. I have a question probably more for Mark. When we talk about berming -- you talked about screening. There is also possibility of berming. But when we look -- when the site plan -- and I don't know, Sonya, if you can get back to that or whoever was controlling that to -- to -- to the layout, the site plan, it's -- we see these -- these lines on the map and we can't even -- you know, we don't even know the distances that are from Meridian City Council Meeting Agenda April 28,2020— Page 52 of 272 Meridian City Council April 14,2020 Page 26 of 61 the drive -- last drive lane to the sidewalk. So, if we say, yeah, we want berming, we think you ought to include berming, no idea what that would look like. I mean is that a four foot berm, is it a six foot berm, is it an 18 inch berm? What -- as someone who looks at the site plans and can -- has the knowledge base to say, yeah, we can do berming with these screens, but the maximum height would be X, what -- what would that be? What fits that site that makes it look nice that -- as Dustee said doesn't -- doesn't obliterate the view of your building, but at the same time it's going to be a nice quality look to the outside, just seeing cars stacked in a queue. So, can you give me some idea what type of berm would work in that area, if any? Heazle: Well, I would have to work with our landscape architect and make sure that we are not exceeding a slope for -- slope for any of the bermed up areas that would require a retaining wall or a small retaining wall, but I would assume that we could --we could put a three to four foot berm up there. Now, a three to four foot berm with some vegetation included over the top of that would -- you know, it would -- it would increase the size of that vegetation, so we -- we would end up with a taller blocking screen area, but based on the distances there I would say three feet is a comfortable -- is a comfortable height. Hoaglun: Okay. Thank you. Heazle: We can -- and we can come up with exhibits -- we will come up with exhibits to provide -- provide to the city to make sure that -- that we are -- exhibits including not only an updated landscape plan showing any berming needed by the city, but also, you know, renderings like we have provided that will give you an accurate depiction of what our intent is. Hoaglun: Okay. Thank you for that. Heazle: Yes, sir. Simison: Council, any additional questions for the applicant at this time? Okay. Thank you. We will move on to public testimony then. Chris or Adrienne, did we have anybody from the public who signed up to testify? Weatherly: Mr. Mayor, we did have just Dustee and Aurora signed up prior to the hearing to testify, but no other citizens were signed in. Simison: Okay. Well, if there is anybody that would like to provide comment on this application I encourage you to raise your hand at this point in time. And not seeing anybody raise their hand, I guess I will ask the applicant if they would like to provide any additional last words to the Council? Heazle: No. No, sir. Not at this time. Simison: Okay. So, go back to questions like to Councilman Borton. Meridian City Council Meeting Agenda April 28,2020— Page 53 of 272 Meridian City Council April 14,2020 Page 27 of 61 Borton: Mr. Mayor, thank you. I didn't know if there would be public providing some questions or not, but in following up I think Council Woman Perreault was focused on the right question regarding the Ten Mile specific area plan and the staff report of April 14th on the second page has seven bullet points, each identifying specific components of that plan and none of which are met by this design. So, in preparation for the hearing it looked as though Idaho Central Credit Union, which is a fantastic community partner, is an exceptional round peg and our long term plan at Ten Mile is a wonderful square hole and with that mindset I hadn't heard how you address those specific -- those seven specific bullet points in the staff report that are admittedly not addressed with what's presented. Again, a wonderful looking project, but it just misses on so many elements that -- that we just still haven't heard why each of those seven should be ignored for the greater good. Heazle: Would you -- would you like me to comment on those? Borton: Sure. I -- Mr. Mayor? Simison: Councilman Borton. Borton: You know, I hear a lot of great remarks about this project and it sounded like staff had tried to steer this application to be compliant with the Ten Mile interchange specific area plan and that is our goal and we comply with our plan and we hold ourselves and our applicants accountable to it or we just don't have a plan at all and if-- if this application is trying to send a message that, really, the plan almost as a whole it just shouldn't apply at all, that's what I hear this application stating, because it requires overlooking so many different components of it in order for it to get approved and it's a wonderful looking building and it's a wonderful community partner, but back to my round peg square hole, can't -- and I wanted to give you the opportunity to try and articulate specifics on why those seven points shouldn't apply here. Perreault: Mr. Mayor? Simison: Let's see if Mark has -- if you would like to address those first. Heazle: Yes, Mr. Mayor. So, we -- we had a couple of workshop sessions with the City of Meridian to review the noncompliance and the primary concern in reviewing with the City of Meridian during these workshops was the frontage -- the frontage and the screen wall. One of the recommendations was to -- to review what was done at Connections Credit Union just north of Ten Mile -- or just north of this -- this site along Ten Mile and to see how they screened their drive thru that faces the main roadway and through those workshops I was under the impression -- and the renderings hadn't changed from the initial workshop up until now, with the exception of the screen panels. I was under the perception that the -- the primary focus and the primary concern was the screening of the drive thru on the north side. That was our primary focus was to come up with a solution to screen that drive and to -- and, basically, not impose additional costs to increase the overall building height to a two to four story facility. If that is required for the city to -- to develop here, that's -- that's something that we will have to address with the owner and Meridian City Council Meeting Agenda April 28,2020— Page 54 of 272 Meridian City Council April 14,2020 Page 28 of 61 get their sign off as -- as that's a much -- much larger cost impact than berming and -- and screen along the north and west side. Hoaglun: Council Woman Perreault, did you have some questions or comments? Perreault: First I wanted to say that I -- I agree with Councilman Borton and he stated the question much more -- much clearer than I did and, basically, that was the point I was trying to get at. But I also wanted to say that one of the things that we consistently heard through our Comprehensive Plan update was that there is a desire from the public for us to stick to the plans that we make and that go through very long -- lots of input from citizens, which is the same process that was gone through when this plan was put together for Ten Mile. So, it is -- it is about this particular location. It is about this particular application, but it's also about a bigger picture element for us as decision makers that our citizens have been very clear that they want us to stick to the plans that we create. So, just wanted to give the applicant that context for why we are -- we are honing in on these kinds of questions specifically. Heazle: So, is the -- I guess what I'm hearing is that the -- the staff recommendation to City Council is contingent on the screen wall. It is not. The staff recommendation for approval is not only contingent on the screen wall, but would be contingent on meeting the seven other -- or six other requirements, including the overall building height and -- and story -- minimum story requirements. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That's a --that's a fair question. I looked at the top of page four of the staff report in preparation. It talks about that more holistic concern that I saw staff raise about the multitude of-- of elements in that Ten Mile plan, which just aren't being met. It speaks to the screening specifically, you are correct, but I didn't think that eliminated what staff had identified as the broader concern. At least that staff had noted. Simison: So, to the point that's been made -- and I guess I would ask the -- the staff if they feel like they can make -- answer this. Is there a point--and I'm just looking at what's already there. You know, I have heard the conversation, you know, and it's much -- kind of like -- I almost feel like it's right downtown, you know, where we -- or our urban renewal district where you come off the interstate and you got a lot of transit oriented businesses right there and that's what seems to be going in or already been developed in this area. Does it make sense in any way to carve out a portion of the existing plan? Is there that line that would make sense because of what's already been approved? I'm just asking the question. I mean my big concern is kind of to what the applicant has said, they are building a long term building for 50, 75 years and is this the building --the type of building that you would envision as being an important part of our community in this location in this manner for the next 50 to 75 years with or without the changes to the plan from that standpoint and so I did hear a little bit of a conversation where other parts are -- have Meridian City Council Meeting Agenda April 28,2020— Page 55 of 272 Meridian City Council April 14,2020 Page 29 of 61 these same DA-- or have DA restrictions on them, but it sounds like this area does not, so I don't know if this is a Bill, Sonya, Caleb, if he's on -- thoughts. Allen: Mr. Mayor, Members of the Council, I'm not sure if Bill or Caleb is on, but this site, as well as all of the sites in this Ten Mile Creek area and the overall Ten Mile plan, they are tied through their development agreements to be consistent with the Ten Mile plan design elements and goals, as well as the architectural standards manual. This corner is very prominent, as I said, and it is -- it is very important -- as a cornerstone to this development. If this is approved, you know, it will further affect probably future applications down the line and, as you said, this is going to be a long term building and it is a very nice structure, but is it the -- is it the correct location for it to be here? You know, that -- that's what the Council needs to determine tonight. I think I did hear the applicant say that they could go up I believe to two stories if -- if pressed, if they had to, and I think that would be a huge, you know, avenue towards combined with some of the Ten Mile design -- Heazle: So, my -- I apologize. This is -- this is Mark Heazle. Am I still unmuted? Simison: We can hear you. Heazle: Okay. I would like to point out again -- I mentioned this earlier, but with the Happy Teriyaki and Epic Shine Carwash and Einstein's Oilery, is -- is this particular site unique or different than the developed sites I just mentioned in that they are -- I mean I don't believe the Epic Shine Carwash is a two story building. I don't believe Happy Teriyaki is either or -- or Einstein's Oilery just off of Franklin Road two parcels over. So, I guess my -- my question would be is Idaho Central being held to a different standard than the already developed sites in this area? Allen: Mr. Mayor, if I may respond. Simison: Yes. Allen: Mr. Mayor, Council, it is different in that it is located at the corner at the gateway to the Ten Mile area. Franklin and Ten Mile Roads -- that intersection on this corner, as well as across the street to the west are the gateway corridors into this development. So, yes, it is different than the other ones. However, they are all still in the same plan and -- and they are all subject to these design elements, but this one is -- is very important where it's located. Nary: And Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, what I can add to -- when we discussed this with staff last week it was my suggestion to Sonya to make clear where we are deviating from the plan significantly, because, again, the Council has the ability to choose to do that if you wish, but you need Meridian City Council Meeting Agenda April 28,2020— Page 56 of 272 Meridian City Council April 14,2020 Page 30 of 61 to know that you are choosing to do that and I think where we were concerned from the staff level is because this is such a prominent structure in a prominent location, that it will more likely than not set the stage for other applications that come in this area in -- and -- and, again, I don't think it's holding them to a different standard, it's holding them to the standard that's in the plan and, then, the DA that already exists. So, it's not new. What -- what other ones may have gotten approved is really not the point. The Council needs to be aware that we do have plans and they did take a lot of community involvement to get there and you at least need to be aware of the consequences, because of the impacts it can have on future requests. Woolstenhulme: Mark? Mark, this Dustee. Were you clearly made aware that you were deficient in seven areas of your design, especially the height? Heazle: The areas of design, yes, we were deficient. All new commercial designs should have a continuous unbroken frontage. We deviate from that with our drive thru on the north with the punched openings, because we do have a drive thru on the north. What I understood during our workshop sessions was that the -- the screen wall was the -- the major element that would --would help -- help be a compromise as far as a deviation from these -- these seven items that -- by providing additional screening, by putting additional costs into our frontage that that would assist or be a compromise in meeting the city's -- city's requirements and getting through the process. Woolstenhulme: The -- you know, the sidewalk thing is a non-issue. We can fix that easily; right? Heazle: Correct. Woolstenhulme: But were you -- were you aware that -- that the building was drastically undersized for the site and should have been taller -- maybe even two stories and should have been heavily dependent, as staff said, on a shared parking agreement? Heazle: No, that was not made -- that was not made -- was not a major concern to get through this process. The major concern was, again, that the -- the screening. The -- based upon the staff recommendation and, you know, if we -- if we -- if the staff did not recommend approval we would have had more conversations as to how to meet the height requirement, but with the current design and with the discussions of the current design with staff, we felt that the primary concern was the frontage screening and that the other seven items were -- were minor items based upon the design that we presented, with the fact that we provide long lasting materials, high durable materials, in our view a very aesthetically pleasing building that does set a good stage for this intersection. That the -- that the -- after discussing that with staff it was recommended that just by providing the screen walls on the other side that we would be able to work through this process with the city and that that was the -- the -- the one item that would help -- help -- help the city and ICCU come to an agreement on how to move forward by providing an aesthetically pleasing frontage on those two sides with additional landscaping. The height requirement was -- was minor from what I was made aware of. But if there is -- you know, if there is Meridian City Council Meeting Agenda April 28,2020— Page 57 of 272 Meridian City Council April 14,2020 Page 31 of 61 -- this is the venue to discuss this again -- and I guess at this point we are open to recommendations or criteria to discuss with the owner -- recommendations from the city to discuss with the owner on how to meet the requirements. Simison: So, Council, I mean the way I'm going to try to maybe help frame this and -- for you all and maybe you are already there, but I do think that you are at a turning point in this area where currently you have an area that you go, you drive your car to get your oil changed, spill it up, and get money on your way out without ever leaving your car. If -- but with it -- knowing that this is not the last application that will come through in this area, do you want to get back to adherence to the plan moving forward or not? And I think if -- if you are looking to deviate from these seven areas, I do think you need to -- we need to open this back up for consideration about which direction we are going to go. That's going to be my recommendation. You all can take it or leave it from -- from that standpoint, but I assume the applicant was made aware that there was a specific area plan. They had access to read that plan. They knew the requirements of the plan and they moved forward despite what conversations may or may not have, then, occurred with staff, that they were aware of what they were developing into from that standpoint or should have been made aware. So, it's really whether or not you want to hold them to what standard moving forward. Are there any further questions? Hoaglun: Mr. Mayor, a question, but perhaps with a comment. You know, every -- every site is not perfect to fit what the applicant may want to do and they have to do mitigations and we have to do some work like screenings on the north and west and how do we make that acceptable, but I think it's been pointed out by Council members that there is -- there is a lot of deviations or -- or not complying with hardly any of the standards that are set for this area and it does bother me that there are other businesses there already that didn't meet the standards to one degree or another. I think it's a matter for this particular project and, again, it goes back to the particular site, looking at the flow, understand, okay, the drive has to be for safety reasons that were worked out on the north side. Okay. So, how do we mitigate that. But being that this corner is a statement corner, what other mitigations could be put into place to enhance this project and this building and that's something I would like to see and I don't like designing on the fly, because, A, I'm not a designer and, B, it just doesn't turn out too well. I would prefer that we delay this application, move it a couple weeks to hear it again and maybe have the applicant come back and see if they can mitigate reasonably and, then, we could consider -- consider that. We have given consideration to other projects before because they don't meet every single item and it might be that they come back and they don't meet enough in our eyes, but I would like to give them that opportunity to see what more -- more could be done. But I'm open to suggestions on that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I would agree with Council Member Hoaglun. ICCU is a great partner in the community. They always have been. Always will be. I really want this project to happen. Meridian City Council Meeting Agenda April 28,2020— Page 58 of 272 Meridian City Council April 14,2020 Page 32 of 61 If there are certain things that we need to give guidance to ICCU, if we choose to continue or to -- or to put -- you know, move this project out so they can, you know, do a redesign or talk about different things they can mitigate. What are those two or three things -- or points of reference that we can help guide ICCU in doing? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to say that -- so, full disclosure, I am a member of the ICCU and this would be near my home. It would be wonderful. But for me this isn't about who -- who is applying, whether it's ICCU or a different bank or a different company, this would be personally highly beneficial to be located there for me and my family. For me it's about what -- what's a standard that we are setting if we choose to overlook the multiplicity of -- of items that is in our plan and -- and not require the applicant to comply by them. It really doesn't matter who the applicant is, for me it's about the standard that we are setting and for any of the applications moving forward. I wish I could -- could speak to the decisions that were made from the past, the past approvals. I can't. I wasn't on the Council at that time. But I can say that we have had --just, like I said, we have had a lot of -- a lot of communication with the public, who was wanting us to follow the plans that we have set forward for these different areas specifically. So, I just wanted to say that this -- for me this is not about Idaho Central Credit Union, that I would be looking at this just as critically if it was about any applicant. I don't want to -- I don't want them to feel like they are being singled out. Simison: Council, anyone else like to provide some feedback to Councilman Bernt's comments about what issues you would like to see addressed, if any? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think Councilman Hoaglun's suggestion is a good one. Provides that opportunity to address the questions that Councilman Bernt's asking and I think the starting point are those found in the staff report of April 14. In particular I mean the plan as a whole identifies the components that are required for development within its boundaries, so that gives the direction. But specific to this one we have a short list that staff has compiled that would be a really good starting spot. Simison: Okay. And with that in mind -- I guess I would ask staff and the applicant is there a specific time frame that would make sense to bring this back before I ask Council for a motion? Is it two weeks? Is it three weeks? Allen: Mr. Mayor, if I may respond. Staff would need revised plans at least ten days prior to the hearing date that they select, so they should probably consider that in their request. Meridian City Council Meeting Agenda April 28,2020— Page 59 of 272 Meridian City Council April 14,2020 Page 33 of 61 Simison: So, more likely closer to minimum of three weeks, if not a month, is what I just heard. Mark, do you have any suggestions on what you are hearing and the time frame? Heazle: We will hit the -- whatever time frame is established. So, if you -- if we can hit a three week time frame we will and meet the city requirements. Borton: Mr. Mayor, that would be the May 5th. Simison: Thank you. I was trying to get to a calendar. Okay. Parsons: Mr. Mayor? This is Bill. I would like to point out to the applicant and even the Council that the Planning and Zoning Commission we also are processing that--we have processed the conditional use permit for ICCU to have that taken up by the Commission at next week's P&Z hearing. So, it also asks if the applicant request continuance of that project, because they need to get the DA in place before they can move forward on that conditional use permit application. Simison: Okay. Chris or Adrienne, how does the -- the May 5th pose any problems with what's already put on there or not? Johnson: Mr. Mayor, there is only one public hearing on May 5th regarding land use and a budget amendment from Community Development. So, you are wide open. Simison: Okay. May 5 seems to be a good date. Heazle: Yes, sir. Simison: With that do I have any motions -- a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Unless Mr. Bernt wants to go forward, I can give this a try. I would move that we continue the public hearing for Idaho Central Credit Union, H-2020-0016, to May 5th -- was that the right date? May 5th. And that they also request continuance of their conditional use hearing at the Planning and Zoning level in conjunction with this move of their public hearing at the Council level. Perreault: Second. Simison: I have a motion and a second. 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: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda April 28,2020— Page 60 of 272 Meridian City Council April 14,2020 Page 34 of 61 Simison: With that I'm going to ask Council real quick, does -- do we need a recess or would you like to continue -- okay. Let's go ahead and take a ten minute recess and we will reconvene at 8:00 p.m. (Recess: 7:49 p.m. to 8:01 p.m.) J. Public Hearing for Bannock Ridge (H-2019-0143) by Ryan Recta, Located at 2940 S. Mesa Way 1. Request: Development Agreement Modification to remove the subject 4.26 acre property from the boundary of the existing agreement (Bannock Ridge - Inst. # 2017-084176) for the purpose of entering into a new agreement consistent with the proposed development plan; and, 2. Request: A Preliminary Plat consisting of 10 building lots and 5 common lots on 4.26 acres of land in the R-4 zoning district. Simison: All right. So, since we are all back we will go ahead and call the meeting back into order. The next item on our agenda is Item 6-J, public hearing for Bannock Ridge, H-2019-0143. Open this public hearing was staff comments. Allen: -- request for a development agreement modification and a preliminary plat. This site consists of 4.35 acres of land. It's zoned R-4 and is located at 2940 South Mesa Way. This property was previously platted as Lot 3, Block 2, Kachina Estates Subdivision. It was annexed back in 2017 as part of a larger 13.58 acre parcel also called Bannock Ridge and is governed by a development agreement approved with that project. The Comprehensive Plan future land use map designation is low density residential, which calls for three or fewer units per acre. Development agreement modification is requested to remove the subject 4.35 acre property from the 13.58 acre boundary of the existing agreement for the purpose of entering into a new agreement consistent with the proposed development plan. A new preliminary plat is proposed consisting of ten building lots and five common lots on 4.35 acres of land in the R-4 zoning district for the construction of single family residential detached homes. There is an existing home and accessory structures that are proposed to remain on a lot in the proposed subdivision. The southern most accessory structure on Lot 10, Block 1, that has a purple star on it, does not comply with the minimum 15 foot rear setback. The plat will need to be revised to comply or the structure will need to be removed. Access is proposed via South Mesa Way at the east boundary and via the extension of an existing stub street, East Loggers Pass Street at the west boundary of the site, which is proposed to stub to the south boundary of the subdivision for future extension. Those accesses are noted with -- with the red arrows. A ten foot wide segment of the city's multi-use pathway system is proposed along the frontage of this site adjacent to South Mesa Way, extending along the southern boundary to the northwest corner of the site for connection to the existing pathway in Glacier Springs Subdivision to the west along the Ten Mile Creek in accord with the pathways master plan. There is a short segment, approximately ten feet of the pathway in Glacier Springs Meridian City Council Meeting Agenda April 28,2020— Page 61 of 272 Meridian City Council April 14,2020 Page 35 of 61 Subdivision at the northwest corner of the site that didn't get constructed with that development, leaving a gap in the pathway system. The current development agreement contains a provision for the missing section to be completed with this development if approval can be obtained from the Glacier Springs homeowners association. Staff is recommending that this provision is carried over into the new development agreement. Because the area of the proposed plat is below five acres in size, the qualified open space and site amenity standards listed in the UDC do not apply. However, common area is proposed for a segment of the city's regional pathway system is planned through the subdivision and where the Ten Mile Creek is located, totaling 11 percent of common open space. Conceptual building elevations were submitted for future homes within this development. Homes depicted are a single story and a single story with a bonus room over the garage with a variety and mix of finish materials, consisting of horizontal and vertical siding and stucco with stone and brick veneer accents. Two story homes aren't shown, but may also be constructed. The Commission recommended approval of this application. I will just go through a summary of the Commission public hearing. Dan Lardie from Leavitt and Associates, the applicant's representative, testified in favor, along with Ryan Recla. No one testified in opposition. The following folks commented. Aneke Binford. Matt Binford. Celeste Blackburn. And Jamie Clawson. Written testimony was received from Dan Lardie, Leavitt and Associates, the applicant's representative, in agreement with the staff report. Key issues of public testimony were as follows: Concern from the homeowners to the south, the Binfords, pertaining to the lack of substantial buffering between the public walk path and the full length of their property and the impact on their ability effectively -- to effectively irrigate their land. They request a good neighbor fence and a more substantial vegetative buffer along the pathway to clearly distinguish the private from public space and to discourage trespassing and protect their privacy and a berm along their property to allow them to continue to effectively flood irrigate their property. Preference for the multi-use pathway to follow the creek consistent with the pathway and adjacent developments rather than jog through the proposed neighborhood. Concern that the proposed development isn't consistent with the existing CC&Rs for the subdivision for Kachina Estates. Complaint pertaining to the neighborhood meeting, i.e., the time of day it was held when nobody could attend and that it was held in a place where there wasn't much room in a pub restaurant. They didn't provide a space for them to meet as they thought no one would show up. Concern that the proposed homes in the development won't be compatible with existing homes in the area. Key issues of discussion by the Commission were as follows: The new preliminary plat won't trigger minimum qualified open space and site amenity standards, since the site is below five acres in size, whereas the existing plat does. They would prefer more open spaces provided. Preference for three -- the three original parcels to develop together as currently platted, rather than splitting this one and possibly others off into individual developments and, again, its effect it would have on the overall common area and site amenities or lack thereof and preference for a berm, fence, and landscaping to be constructed by the developer along the southern boundary adjacent to the Binford property and preference for Lot 2, Block 2, to be a common area lot, rather than a buildable lot for a future retention pond space. The Commission made the changes to the staff recommendation as follows: They added a development agreement provision requiring the developer to construct a berm no less than 18 inches tall along the southern Meridian City Council Meeting Agenda April 28,2020— Page 62 of 272 Meridian City Council April 14,2020 Page 36 of 61 boundary of the development with fencing on both sides of the pathway and landscaping between the pathway and the fence. The applicant was requested to work with the adjacent property owners, the Binfords, on an agreed -- agreeable berm height and placement and enhanced landscaping prior to the Council meeting tonight for presentation and, lastly, they added a condition requiring Lot 2, Block 2, to be converted from a buildable to a common area lot. Outstanding issues for Council tonight is resolution of the landscaping and fencing along the southern boundary of the site adjacent to the Binford property. A revised landscape plan was submitted as shown that depicts twice as many trees as originally proposed along the southern boundary of the pathway. The applicant should address the perimeter fencing as proposed and, if so, what type and height and whether a berm is proposed or not and, if so, how tall and whether or not it's necessary for it to encroach on the Binford's property. There has been no written testimony received since the commission hearing. Staff will stand for any questions. Simison: Thank you. Thank you, Sonya. Are there any questions at this point in time from Council? Okay. At this point in time I would ask the applicant to come forward. Cavener: Mr. Mayor? Simison: Mr. Cavener. Cavener: Before we start with the application or the applicant's testimony, I just -- I thought it was important to disclose -- I live in the Glacier Springs homeowners association that's adjacent to this project. I haven't attended any of the Planning and Zoning Commission meetings, didn't attend the neighborhood meeting. I have -- I have kept more than an arm's length away from this process and while I'm not directly affected -- not within 300 feet, I just thought it was important to disclose that before we go through this process. Simison: Thank you, Councilman. Lardie: Good evening, Mayor, Council Members. Dan Lardie. Leavitt and Associates. 1324 1st Street South, Nampa. 83651. So, I want to say thank you for staff -- or thank you to staff. Do I have my PowerPoint? Is it -- is it available? Johnson: I'm getting that for you right now. My apologies. Lardie: All right. I have it in front of me, but I don't know -- it might -- it might be useful for Council to see it. So, while we wait, just want to let you know that we have -- we do agree with the staff report and that we have proposed a couple of different options for the berm, along with -- for our neighbors to the south. I'm not having control of the slides. Am I missing it? Johnson: You will just have to tell me when you want to go to the next slide. Meridian City Council Meeting Agenda April 28,2020— Page 63 of 272 Meridian City Council April 14,2020 Page 37 of 61 Lardie: Oh, fine. Next slide, please. So, we have -- we have had some brief conversations with the Binfords to the south and we have proposed a couple of different options. We are in agreement with the 18 inch berm, which puts it all on our property that was stated in the staff report. The -- the next slide, please. So, we have proposed the berm one option. It provides a little bit of irrigation control, a little bit -- at least a little bit more irrigation control for -- for the Binfords. Height I think is an issue with -- with them. The -- it also encroaches onto their property by about four and a half foot. Again, the 18 inch berm, we will put it all on our property, but if they -- if they would like a taller berm, then, we would need to probably work with them to try and gain some slope easement on their property. Next slide, please. So, berm two. It seemed like the conversation that I had with the Binfords that berm option two was more -- more what they were looking for. It provides them a bit more privacy and a little bit more separation from people looking over and trying to -- to go along -- or look -- or encroach onto their property or trespass onto their-- onto their property. This -- this would require some -- a slope easement from -- from the Binfords of about nine feet. The height of this berm is three foot from existing ground. We put the fence at the top of the berm and, then, we slope down at three to one until we hit our pathway, which puts the pathway just a little bit lower than the height of the berm and it also allows -- would provide a bit more privacy. Next slide, please. So, just --just a quick note. Their property is -- the -- the back of their home is about 160 feet from the -- from the rear corner to -- to where the fence is proposed on there. It doesn't seem like a lot in -- in their realm. You know, they live on a five acre piece of property. In a subdivision, though, 160 feet, that's -- you know, it's half-- about a half of a football field, again, which is the reason why we are trying to help them with the berm and to come in to -- and to try and help shield them from the pathway. Next slide, please. So, this is just a blow up. It looks like Sonya had these in her proposal about the turnaround on ACHD proposed at the end of Loggers Pass and with that I -- I look forward to your approval. I think it's a nice addition. I think we have tried to work with the Binfords and I believe probably the Binfords are here this evening and that's -- that's great. We look forward to their input and I will stand for any questions. Simison: Council, any questions for the applicant at this time? All right. Thank you very much. Chris or Adrienne, do we have anyone signed up in advance? Weatherly: Mr. Mayor, we do have four people signed in. The first of which -- actually, we do have an HOA representative here, Annette Alonzo, for the Southern Rim Coalition. Simison: Okay. Are they on the line or -- Johnson: Mr. Mayor, I do not see her on the call. Weatherly: Okay. Aneke Binford. Simison: If you could state your name and address for the record, please. A.Binford: Yes. Can you hear me? Meridian City Council Meeting Agenda April 28,2020— Page 64 of 272 Meridian City Council April 14,2020 Page 38 of 61 Simison: Hear you great. A.Binford: Great. Aneke Binford. 3101 Mesa Way, Meridian. Good evening. My husband and I own the property to the south that -- that we have been looking at on the -- on the slide and we are south of the proposed subdivision. We did express concerns to Planning and Zoning regarding the public walking path, which will run the full length of our property. We are concerned mostly about a loss of privacy and an increased risk of trespassing. We also did express the concerns about the impact this development will have on our ability to effectively flood irrigate our land. The City of Meridian pathways master plan states that the city should be sensitive to private owners when trails are proposed adjacent to private property. The city also acknowledges in the master plan that pathway safety is, quote, a major concern of both pathway users and those whose property is adjacent to a pathway. According to the plan one of the city's recommended improvements to address privacy of adjacent owners is the use of good neighbor fencing and the planting of landscape buffers. Also to address trespassing concerns is to clearly distinguish public pathways from private property with vegetated buffers and the use of good neighbor fencing. The existing fence will not discourage trespassing. You can see in some of these slides I have pictures of the fencing. Much of it is pole fencing that is easily slipped through and much of it is being held together with wire and twine. Planning and Zoning did recommend that the developer provide fencing and enhanced landscaping to address privacy and safety concerns. They also recommended the berm to allow us to fully irrigate while still controlling our water. Right now we are able to run our irrigation water long enough to fully saturate our high spots, but some of the water does run off into the adjacent neighbor's pasture, which has never been a problem, but that will become a problem when that pasture becomes a walking path. We feel it's the developer's responsibility to mitigate impact to our ability to effectively and responsibly irrigate our land, as well as to provide privacy and trespassing mitigation. We have been in communication with the developer and his party about the landscaping plan. However, we did not see that the fence was graphically depicted on the plan and we didn't see any enhanced landscaping for a buffer as recommended by Planning and Zoning. We -- we have been in communication regarding the height of the berm and the 18 inch berm will not provide a sufficient buffer to control our water. We talked about the three foot berm and, yes, we will allow that to come onto our property. We understand, you know, that -- that they are saying that the -- with the 18 inch berm they just don't know have room, you know, really to -- with their setbacks on that walking path. So, we did offer to allow the slope to come onto our property to achieve our goal. However, we would prefer not to have to give up a portion of our land just so we can continue to use it productively. We want to ensure that the following is made a provision of the development agreement, that the three foot berm run the full length of our property with enhanced landscaping, not just to that stub road. We need it to go beyond. We would like to have that good neighbor fencing and for it to be wrought iron, not chain link, running the full length of the property, not just to that road. It needs to go to the very end of our property and we would like to be able to sign -- to sign off that all this work was completed prior to issuance of building permits. During Planning and Zoning one of the commissioners noted that it is the developer who is creating the changes that's going to most affect our property, so it should be the developer's responsibility and we agree. We feel it's not unreasonable to request Meridian City Council Meeting Agenda April 28,2020— Page 65 of 272 Meridian City Council April 14,2020 Page 39 of 61 these conditions to mitigate the impact that this development creates on the usability, safety, and livability of our property and we did put some pictures in there. I think there is three pictures of the fencing -- the existing fencing that on their landscape plan it shows the existing fence to remain. I don't know if I can move these. If I'm controlling them. Johnson: You are not. I'm moving through them for you. A.Binford: Okay. And, then, there is two or--two or three other photos. So, when Glacier Springs went in on our-- to the -- let's see. That would be to the west of us -- on our west border. So, right there, that picture is bordering Cabella Creek. That is the landscaping berm that the developer put in to mitigate the lights from a new road. The new road would put lights right into our house and so in that case the developer provided that landscape berm and, then, there is a photo -- that's -- that's the same landscape berm against Cabella Creek. And, then, I think one of the very -- so, that photo -- that's on Glacier Springs there on -- to the west -- our west border and you can't really see it very closely there, but that developer did put in a landscape berm and perma bark, full landscaping and a full fence. There you go. Along that whole border of our property. And those -- those were our concerns that we brought up to Planning and Zoning and to the city and, you know, we would -- we would really like it if something similar was, you know, to come out of this for us as well. And that's all I have. Simison: Thank you. Council, any questions? All right. Appreciate it. A.Binford: Thank you. Weatherly: Mr. Mayor? Simison: Yes, Adrienne. Weatherly: Next on the list is Matt Binford. Simison: If you could state your name and address for the record. Binford: Yeah. It's Matt Binford. 3101 Mesa Way. My wife did a great job describing what we are after. My-- my main concern is our irrigation and if you can pull up the picture on the -- where the road -- actually, the initial project where -- where they planned on ending the berm and the fence. Yeah. So, all our irrigation -- if you look to the left of that, which is the -- what is that, the west, south or north -- north corner of our property boundary, that's where all the water congregates. So, what we are asking is that that berm when -- and fence, that it would extend beyond what they are showing as their proposal and if they don't we are just going to flood the crap out of them. So, I don't know how else to ask for this, but that berm and fence needs to really extend all the way to Glacier Bay, which is the -- what is that? The -- the west side of that diagram. So, I don't know how else we can flood irrigate unless they propose that fence and burn to extend beyond and that if they don't we are just going to flood that -- you know, that road and that -- that drainage ditch with our flood irrigation. And the -- the other concern I have is Meridian City Council Meeting Agenda April 28,2020— Page 66 of 272 Meridian City Council April 14,2020 Page 40 of 61 basically where that ends up in that corner to the -- to the left of the red is we have a drain field that was put in by Glacier Bay that runs over to Ten Mile Creek and my neighbor and myself -- our flood irrigation all leads to that ditch. So, during construction I'm kind of worried that that might be compromised during the construction phase. So, anyway, I don't -- I don't know that -- that leads to a few questions for the City Council or for the developer, but those are our concerns. Simison: Okay. Thank you. Cavener: Mr. Mayor? Simison: Council -- Councilman Cavener. Cavener: Mr. Binford, I don't know if you are still on the line I guess. I do have a question for you. Binford: Yeah. Cavener: So, if I'm hearing you correctly, you are -- obviously you flood your whole property. The concern you are sharing is not only the potential for water from your flood irrigating to impact the potential homeowners, but to flood that street as well; is that correct? Binford: That's -- that's correct. Because that's -- where that street is is the -- the low spot in our irrigation. Cavener: Right. Binford: And so everything funnels down to that point. Cavener: Okay. Binford: Yeah. Cavener: Thank you. Simison: Council, other questions? All right. Thank you, Mr. Binford. Binford: Thank you. Weatherly: Excuse me, Mr. Mayor. I'm sorry. The last on the list is Ryan Recla. Johnson: Mr. Mayor, I'm attempting to unmute Mr. Recla and it comes up that I cannot unmute him, because he is an older -- on an older version of Zoom. Simison: Chris, can you unmute everybody instead of just one? Meridian City Council Meeting Agenda April 28,2020— Page 67 of 272 Meridian City Council April 14,2020 Page 41 of 61 Johnson: I was able to promote him to panelist, which I believe is allowing him to speak as soon as he comes back in. Cavener: Mr. Mayor, just for clarification, too, either for you or Chris or Adrienne, I think Adrienne said that there was one other person, at least at the start of the public hearing, that was signed up to testify and we couldn't hear them either. Just that we get a chance to maybe circle back and make sure they testified before we wrap things up. Simison: Yeah. Councilman Cavener, I do not show them as being on the call, so they probably signed up in advance and did not make -- did not come into the call, but we will still ask for anybody else. Johnson: Mr. Mayor, Mr. Recla is with us now. Simison: Okay. If you would, please, state your name and address for the record, please. Mr. Recla, we can't hear you if you are speaking. Johnson: It appears there is no audio. Bernt: Mr. Mayor? Simison: Mr. Bernt. Bernt: Would it be appropriate for Ryan to call in just on a cell phone -- you know, on a cell phone to us on a -- on a landline maybe, instead of using the Zoom option? If he can hear us. Simison: Chris, can you -- Johnson: Yeah. Mr. Mayor, yes, I will put that up on the screen for him to call -- I just received that same message from Jared Day in IT, recommending that, so I'm just getting to that now. Mr. Recla, if you can see the screen -- it's getting there now. That is the number to call, area code 669, and you will enter that nine digit ID. Simison: While he is hopefully calling in, if there is anybody else who would love to testify on this application if you can raise your hand and let us know, that way we can get you set up to be the next speaker. Johnson: It looks like we have Mr. Recla and he will need to press star nine on his phone in order for me to recognize and unmute him. And there you are, sir. Recla: Hello. Bernt: There we go. Meridian City Council Meeting Agenda April 28,2020— Page 68 of 272 Meridian City Council April 14,2020 Page 42 of 61 Recla: Yeah. I got kicked off the Zoom side. I had to call in, but that's all right. You know, actually, I didn't really want to speak. I wasn't planning on speaking, I just wanted to be available to if I had any issues with what was going on. But I have missed the last five minutes of it, so I'm not actually really even sure what's going on. But I -- I am faithful that Dan Lardie has taken care of it for me. Simison: Mr. Recla, we were waiting for you. If you could just state your name and address for the record, so we can -- Recla: Oh. Sorry about that. Yeah. My -- my name is Ryan Recla. My address is 4123 West Garnett Street, Boise, Idaho. 83703. Simison: Council, any questions for Mr. Recla? Okay. Thank you very much. Recla: Sorry about that. Simison: Oh, you're good. Would the applicant like to come -- or I will do one more quick one to see if there is anybody else on -- on the call who would like to provide testimony. And seeing no hands raise, will ask the applicant to come back and close this up. Nary: Mr. Mayor, can I ask one question? I think the applicant could probably answer this. Simison: Yes. Nary: Mr. Mayor, Members of Council, so if the applicant can answer, I -- I noticed on the posting that it says it's 4.26 acres, but the staff report says it's 4.35 acres. So, if you could just explain the difference in that acreage, so it's clear for the record. Lardie: Mr. Mayor -- Mr. Mayor, Councilman -- or Council Members, this is Dan Lardie. So, as far as the acreage goes, the county site for some reason has it shown as 4.26 acres or -- and I checked with my surveyor and the surveyor -- you know, he attributes that it is 4.35 acres per survey on the ground. Nary: Perfect. Thank you. Lardie: Mr. Mayor, Council Members, so back to the -- Mr. and Mrs. Binford. We don't -- I don't think we have a problem placing a berm across the road and across our -- all the way to our west boundary. The question would be is we are --we are supposed to provide a link to them for future development by ACHD. The -- if they -- if ACHD will allow that berm and that -- then we can place it. The other -- the other issue I had -- so, during Planning and Zoning we were asked to provide an enhanced landscaping plan. However, no one could -- could place a quantity on that or what -- what that entailed. So, we provided an enhanced landscape plan and, of course, now it seems to be a moving target, which is what we were afraid of. It -- Mr. and Mrs. Binford, their property -- yes, it's -- it is important and I -- and I appreciate and want them to reserve their private property rights. Meridian City Council Meeting Agenda April 28,2020— Page 69 of 272 Meridian City Council April 14,2020 Page 43 of 61 The -- the -- they also had made a mention of the fact that they don't want to give up any land for -- for a taller berm. That's fine. We are okay with the 18 inch as stated by staff. The -- we can try some different fencing. No problem. As long as it meets City of Meridian's code we are -- I think we are okay with that. Within reason. They also made a mention that they would like final approval of such things that are -- that are established by -- and I -- and I just don't think that's a good precedent to send -- to set by staff or by the City of Meridian in accordance with, you know, just saying that, hey, your neighbor can decide what you can and can't do. With --with the Binfords it has always been proven to be a moving target and so with that I could stand for any other questions. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would like to ask the applicant their thoughts on the Commission's recommendation to require Lot 2, Block 2, to be converted to a common lot. Lardie: Mr. Mayor, Council Member Perreault, the -- we have actually created that lot because the ACHD would like to actually put a turnaround there, which makes that lot nonbuildable. So, we have made it -- we have turned it into a common lot. Perreault: Mr. Mayor, a follow up. Simison: Council Woman Perreault. Perreault: Is that actually going to be a functional open space for the residents or is that just going to be empty space? What -- what is that going to consist of? Lardie: Mr. Mayor, Council Member Perreault, so with the -- with the turnaround there, until the road extends, that lot will just be landscaped. There is -- there is not much left there to do much with. It will -- it has a drainage facility on it and, then, it will have some -- some grass and be landscaped. Simison: Just a question. Is it a functioning turnaround that people would be able to drive upon with the -- some sort of road structure? What -- what does that mean, turnaround from ACHD's standpoint or our expectations? Lardie: Mr. Mayor, yes, it -- it is -- it has to be a paved functioning turnaround. The sidewalk will continue and terminate at the boundary or the berm -- or the to be berm. But in order for fire trucks to go in and turn around they will have to turn around on the curb -- on the curb and, then, there will be a surface there for them to turn around at. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda April 28,2020— Page 70 of 272 Meridian City Council April 14,2020 Page 44 of 61 Hoaglun: I just want to be sure I completely understand what I'm looking at. So -- and that road is currently constructed. What we see there, that road with that curb is in place right now; correct? Lardie: Mr. Mayor, Councilman Hoaglun, which road are you -- are you speaking of? Hoaglun: Where that -- that surrounds Block 2. Lardie: So, East Loggers Pass. It -- it is constructed up to our western boundary where that red arrow is on the slide that's up. Hoaglun: Okay. I'm sorry. On the preliminary plat where you have the blue star, that -- or purple star, whatever. The schematic to the left where Block 2 is, that -- that particular road is that in place? Lardie: Mr. Mayor, Council -- Council Member Hoaglun, no, that road is not in place. Hoaglun: Okay. So, also -- if I may follow up, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, that Block 2, then, is going to be a drain for future development; is that correct? Lardie: Mr. Mayor, Council -- Council Member Hoaglun, the -- the drain on this -- on this slide that's up it's shown as a skinny drain and we don't need that much for this particular roadway. The -- because we are only -- we are only required to hold our -- our development on this particular site. Future developments would be required to retain their own drainage on their site. This slide that's up doesn't have a representation of that turnaround. It has -- it has an alternate turnaround that we were attempting, but the -- ACHD did not like and I had one in my -- in my PowerPoint proposal -- or a PowerPoint that showed that and I was trying to think if Sonya had it in her proposal -- or her -- her information. I don't remember that she did. Hoaglun: Yeah. Mr. Mayor, this -- I thought that -- yeah, I saw something with a -- with a turnaround, but if that road is not there with Block 2, to build that berm across there, to continue to the west boundary would -- would -- is something they could do and, yes, if they develop their property they would plow right -- you know, the developer -- whoever develops that property would plow right through and take it out, but that would be of no concern once the property is developed, but you can accomplish finishing out that berm and fencing to -- to that other boundary; is that correct? Lardie: Mr. Mayor, Council Member Hoaglun, that is correct. Hoaglun: Okay. Thank you. Meridian City Council Meeting Agenda April 28,2020— Page 71 of 272 Meridian City Council April 14,2020 Page 45 of 61 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I guess a couple of questions. First about--about the berm and that road. The -- the residential homes that are going to access -- like their access is going to come off of that road; correct? Lardie: Mr. Mayor, Council Member Cavener, yes, that is correct. Cavener: Okay. I'm struggling to see how they are going to be able to access their home in a berm -- but maybe you guys have that -- have that figured out. My question, though, Mr. Mayor, if I may, pertains to the pathway. So, as I'm looking on this, it looks like that the pathway starts along the canal and, then, goes through the neighborhood and, then, reconnects along the canal -- kind of circumvents the canal and I'm curious if I'm -- if I'm seeing that correct and why we are doing that, as opposed to just having it follow the nature of the canal, as with the rest of the pathway. Lardie: Mr. Mayor, Council Member Cavener, so the -- the pathway does jog through the neighborhood. It does show that -- I guess your pathway--the City of Meridian's pathway master does say that it should follow the creek -- Ten Mile Creek. However, the homeowner would like to keep his home and it's within 30 feet of the canal, which doesn't provide us a pathway to put a pathway. I guess. It doesn't -- it doesn't provide us enough surface to get the cross-section of the pathway through that portion of the canal through -- by his home and et cetera. Cavener: So, Mr. Mayor, one more if I may. Simison: Councilman Cavener. Cavener: I guess I'm not tracking you. Are you saying that you don't have enough land to be able to build the pathway there and so you can build it up against the other neighbor? That's how it looks. And I guess I'm trying to wrap my head around -- Lardie: Mr. Mayor, Council Member Cavener, so the -- the city requires a certain amount of distance -- the Nampa Highway -- or Nampa-Meridian Irrigation District, who manages the canal, requires another 50 feet of easement with that. There is only 30 feet from the existing home to the centerline of the canal -- or, excuse me, to the -- to the easement of Nampa-Meridian Irrigation District. So, there is no room to get that pathway in there. It's just really tight. Right here -- I don't know if -- I don't know if I'm -- my cursor is actually moving anything. Cavener: I'm not seeing it. Lardie: You are not seeing it. Sorry. Meridian City Council Meeting Agenda April 28,2020— Page 72 of 272 Meridian City Council April 14,2020 Page 46 of 61 Cavener: That's okay. I -- we are trying to make this work together. I appreciate your comments. Lardie: That's -- so -- and that's really the reason why the pathway winds through the -- through the -- through the site. Bongiorno: Mr. Mayor? Simison: Yes, Deputy Chief. Bongiorno: I did e-mail the alternate turnaround to Chris. I don't know if he has access to his e-mail. So you can see what Councilman Hoaglun was asking about. Simison: I assume Chris is looking for something right now. And I guess I'm -- I will ask the question -- from the conversation of Planning and Zoning are -- is the pathway amongst some of the reasons why Planning and Zoning was more interested in seeing this property redevelop as a group, compared to individual, or were there other reasons from a staff -- Sonya, if you can try to clarify or say why. Allen: And, yes, Mr. Mayor, Members of the Council, primarily it was because of the open space and site amenity requirement doesn't exist when the site is below five acres in size. So, that was a lot of it. They wanted to -- they wanted to see more common open space area and they are afraid that if this one's developed outside of that, then, maybe another one of the three properties would also develop individually without common area and site amenities. This -- this project does -- does have some. I mean it has the multi-use pathway. That's really about it. Simison: Well -- and I will speak to it, because I don't want to put Mr. Cavener on the spot, but I think that's an issue with Glacier Springs as well as -- I lived in that for a brief period with my in-laws and there is really no amenities in that subdivision either or open space, with the exception of the pathway, which currently even dead ends. Cavener: Mr. Mayor, you are a hundred percent correct. Aside from some greened up drainage pond, we do not have any amenities in that area, except for a pathway that -- that dead ends. Hoaglun: So, Mr. Mayor, just to follow up on the new preliminary plat that's up there with the turnaround, that would allow the access for firefighter -- for fire trucks to turn around until such time the other property is developed to drive completely through and -- and, chief, is -- is that -- that, I assume, is adequate for our Fire Department? Bongiorno: Mayor and Councilman Hoaglun, yeah, this was approved --the previous plat that was up was denied by ACHD for the turnaround and this was the alternate and it meets the -- the fire code. So, we are okay with it. Meridian City Council Meeting Agenda April 28,2020— Page 73 of 272 Meridian City Council April 14,2020 Page 47 of 61 Hoaglun: Okay. Thank you, chief. And, Mr. Mayor, if I might ask a question of Mr. Lardie then. With the pathway -- looking at that plan and how the pathway comes out, would that -- how is that pathway going to be constructed? Is that part of a sidewalk now or what's the plan for that? Lardie: Mr. Mayor, Council Member Hoaglun, this -- this is not the current turnaround. I apologize. There were several iterations of this and as you can well see it's -- it is -- it -- Chris, if you could find the -- the turnaround in my PowerPoint is the one that we were is the one that we are proposing and the one that will probably serve -- there it is. Hoaglun: There. Okay. Lardie: That might be more helpful to you, Mr. Hoaglun. Hoaglun: Yes, it is. Mr. Mayor and, Dan, yes, that -- that's the one I recall. I recall seeing one that was this one. So, back to Deputy Chief Bongiorno. It looks like 46 feet, that meets the requirements for the Fire Department? Bongiorno: Mayor and Council Hoaglun, no, it does not. It needs to be 48 feet. Hoaglun: Forty-eight. Okay. Bongiorno: Yes, sir. Hoaglun: And that -- Mr. Mayor and Dan, that -- it's blurry. So, is that 49 feet or 46 feet? I really can't tell. Lardie: Mr. Mayor and Council Member Hoaglun, I apologize, I am looking at the same slide and you have me at the same disadvantage. It's easy to turn it to 48 and it -- and it will fit. But I don't have a larger plan with me. I apologize. Bongiorno: Mayor and Councilman Hoaglun, if -- if that goes to 48 feet, then, it will meet the fire code. I apologize. I thought I had the latest one. Simison: And, Dan, just to clarify, if you have to berm that area, does that -- do you still think you have got the space to put 48 feet into that? Lardie: Mr. Mayor, I believe, yes, even with -- even with -- we moving that to 48 feet we -- we can slide it to the north just a little bit in order to accommodate a berm to -- to assist the -- or to be a good neighbor to our neighbors. Johnson: Mr. Mayor, you also have the Binfords are asking to speak again, if you are willing to entertain more testimony. Simison: Council, I'm going to defer to you all. We are at the applicant and they are the ones to speak last. Meridian City Council Meeting Agenda April 28,2020— Page 74 of 272 Meridian City Council April 14,2020 Page 48 of 61 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I did have further questions for -- for the Binfords based on the information I received. Can I have one of them come up -- or open up to answer -- answer a question about the berming and fencing? Simison: Council, are we open to bring back -- we haven't closed the hearing yet, so we will give the applicant another shot at this once the Binfords provide comment or answer questions or both. A.Binford: Hi. This is Aneke. Am I unmuted now? Simison: Yes, you are. If you could give your name and address for the record. A.Binford: Okay. It's 3101 Mesa Way, Meridian. And I would -- I just wanted to clarify, I'm not sure if Mr. Lardie was confused by my testimony. We are not opposed to giving up part of our-- a portion of our land in order to achieve a three foot berm, because, quite frankly, without a three foot berm we probably are not going to be able to flood irrigate without, you know, trespassing our water onto this subdivision. We just wanted to, you know, make a note that we are doing that, we are giving up a part of -- a portion of our land in order to achieve the goal that we need to be able to irrigate based on this, you know, development. That -- that was really the only comment that I wanted to make, that we are not in any way opposed to giving up a portion of our land to do that, so -- and, then, as far as the enhanced landscaping. That's -- you know, that's something that we can work out at a point down the road. We just were asking for more of a vegetative buffer versus just trees, you know, spread out throughout the berm and, then, I think that was -- my husband -- there was one other item he wanted to make, but I can't remember what he was saying. Yeah. Just -- I think just -- that the berm and the fencing do extend all the way down to the -- to the very end of our property. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. So, I wanted to make sure that one of the questions I had was about the height of the berm, because there has been discussion about 18 inches and three foot. So, a three foot berm the length of your property is acceptable, along with enhanced fencing and that's something I will ask Dan about in a bit when we go back to him. Enhanced with -- with the -- not the pole fencing and not chain link, but something that looks a little nicer; right? A.Binford: Yeah. It should -- we were kind of hoping that it would match whatever they are putting on the other side. Meridian City Council Meeting Agenda April 28,2020— Page 75 of 272 Meridian City Council April 14,2020 Page 49 of 61 Hoaglun: Okay. I will follow up with him on that. The enhanced landscaping -- when I was looking at the photos that you -- you were showing -- and I think it was Glacier Bay that -- it had the houses and Chris brought in the photo, so we could see that, yes, it was bermed up a little bit. There were some trees along there, but they were on your side. Were those trees that you had planted? A.Binford: So, there is trees on both sides. There are some evergreen trees that sit on top of the berm that the developer put in and, then, we have also planted trees on our side. Some poplars and willows. Hoaglun: Okay. And, Mr. Mayor and Aneke, the reason I asked -- you know, we throw around words like enhanced and different things. I really don't know what that means. What it means to me is completely something different to someone else. So, I didn't know if you think is that enhanced, is that something that would be acceptable if that was on the other -- over here on this -- this berm area and on the other -- so, that's -- that's kind of -- I guess can you give me a definition of enhanced? A.Binford: Oh, was that question to me? Hoaglun: Yeah. It's for you. For -- A.Binford: Yeah. Hoaglun: What -- what would that look like? A.Binford: Well, enhanced landscaping is just more than just a few trees plunked down on top of a berm, because the situation that we are -- we are worried we are going to run into is that where that slope of the berm will be extended onto our property now we are responsible for doing something with it. So, we are going to have this huge dirt berm that we are going to have to try and control weeds on and, you know, we will eventually have to plant something on it, because it's, you know, kind of hideous. So, that's our big concern is we would like it to look like a landscaped area and not just a big dirt berm, you know, that's kind of outside of our control and it is an ambiguous term, enhanced landscaping. What does that mean? Does that mean, you know, landscape fabric? Does it mean perma bark. Does it mean gravel? Extra shrubs? So, that's -- that's kind of what -- what we were trying to figure out is how -- how do we make sure that even if this goes into a development agreement that there is a berm and a fence and landscaping included, how do we make sure that we don't end up with just this dirt mound that's completely hideous. You know, that -- I guess we are just feeling a little bit out of control with -- with how that's going to look. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda April 28,2020— Page 76 of 272 Meridian City Council April 14,2020 Page 50 of 61 Hoaglun: Yeah. I certainly understand that and that's why a lot of these questions we are just trying to figure out how -- how do we make this work. It sounds like, you know, there has been discussions and there has been some agreements and as long as we can make sure everyone's understanding the same thing. Would you anticipate -- I know the developer would put landscaping on -- on their side of the fence, whatever that looks like to be determined. Are you expecting landscaping to be done on your side by the developer of that line -- your property? A.Binford: Well, that would be preferable. Hoaglun: Okay. Good -- good to know. Thank you. Simison: And this is a question -- I don't know -- it's -- because we are talking a little bit about the fence. You know, typically along pathways it's a four foot wrought iron fence, which is what is -- I believe what is generally recommended, but I also am under the understanding from --we typically do not like to fence two sides of a pathway as a general rule, so I'm guessing that we do not want both sides of the fence to be identical, if one side is the four foot wrought iron, but I wonder if Garrett or -- I don't know if we have anyone from the Police Department on or if Sonya could weigh in on that aspect. Allen: Mr. Mayor, I'm sorry, I was only half listening. Members of the Council. Were you referencing the fence line? Simison: Yeah. Just the -- typically I don't think the Police Department supports having a fully fenced pathway on both sides in this -- would this typically be a four foot wrought iron on the -- on the new home side and, then, do we want the same or not want the same on the other side? Allen: Well, we have code that actually speaks to that and I believe that they can do a four solid, if they are wanting to do a solid material, with two feet of semi-private on the top or they can do a six foot open vision or four foot open vision. So, if there is a preference of Council as to if it's closed vision for screening purposes for the Binfords, they should probably specify that as our-- as our code does allow the open vision as well. Simison: Sonya, my question went more to fencing both sides of a pathway. That's what my understanding is, that we typically do not like to see both sides completely fenced in, because it basically creates an area where no one can escape if there is an attack in that area. I'm being -- you know, that's what I have heard. Allen: Well, I -- I haven't understood that from the Police Department, but maybe you have. The -- the standards -- that's why the standards of strict solid fencing to four feet, so that there is some visibility of the pathway. But, again, if you -- if there is somebody there from police tonight that would like to speak up, they could clarify that. Bongiorno: Mayor and City Council, I was just texting Shawn to see if he's on. Meridian City Council Meeting Agenda April 28,2020— Page 77 of 272 Meridian City Council April 14,2020 Page 51 of 61 Harper: I don't have any specific clarification on that. I would probably have to do a little more research to figure out what kind of precedent we have set in regards to those pathways, because a lot of times that -- if there is no lighting and, then, like you were saying, Mayor, with fencing on both sides that can bring on some safety challenges. So, that would be something I would have to get back to staff to clarify. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: If I might throw this in, though, as we consider this, I would think if it's required to have at least one side lower for lighting, safety, access, that sort of thing, it would be on the property to be developed, as opposed to Binford's side. I think they should have the six foot privacy fence that allows their property to be blocked from --from the pathway based on they were there and so that's kind of how I see that and we could research that and if a lower fence is required that it would be placed on -- on the property under the Bannock Ridge property as the homes are developed. Allen: Mr. Mayor, if I may. Simison: Yes, you may. Allen: City code does not -- it -- it prohibits a six foot tall solid fence adjacent to pathways and interior common open space areas, so, please, don't make that a requirement or it will be in conflict with our code. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, if I might ask Sonya. So, it --we cannot have on either side a six foot fence or just on one side it's allowed, but not -- not two sides? Allen: No. A six foot tall solid fence is not allowed adjacent to pedestrian pathways or interior common open space areas for visibility reasons. Hoaglun: Okay. Allen: And according CPTED standards. Again, if you are doing a solid fence you can go up to four feet in height, just that in itself, or they could be allowed to add two feet of semi-private fence, which is defined by city code as being 20 percent closed vision with 80 percent open vision or you could do an open vision fence. Hoaglun: Okay. Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda April 28,2020— Page 78 of 272 Meridian City Council April 14,2020 Page 52 of 61 Hoaglun: To follow up with Sonya then. So, they could have a four foot solid -- we will say vinyl fence for four feet, have the open vision latticework type of thing for the next two feet, so it's a six foot fence and there is no prohibition -- it has to be bermed to -- for the irrigation purposes, that fence can sit on top of that needed berm; is that correct? Allen: That is correct. There is nothing in our code that would prohibit that that I'm aware of. Hoaglun: Okay. Thank you. Simison: Yeah. And what I'm referring to -- more to is the -- the concept that I believe is -- what I have heard from our chief say is we typically don't like to have two sides of a pathway completely fence and that would be four foot open vision on both sides even and I think there is --there is probably some distance thresholds where that's not an issue or lighting thresholds. You know, I have got a -- right down from my house on both sides of me I have got two micro paths, which are, you know, probably about 70 feet in length, which are fenced on both sides by open vision, but I believe that as you extend the length of a pathway and you don't have an escape point for people within that space, that's what we are really talking about and I don't know the length of this pathway that we are -- that runs along this area to know if it is longer than police may or may not like to have completely enclosed pathway. Harper: And, Mayor, we are trying to -- Mr. Mayor? Simison: Mr. Harper. Harper: Mayor, Members of Council, I agree with you, Mayor. This is kind of an interesting project and it's kind of hard to figure out exactly what it looks like from looking on this little map, but I would agree, I mean we -- we want to make it as safe as possible for people who are traveling through this area on foot or on bikes and families, whatever it may be. So, I mean putting two large fences on both sides I don't think would be something that we would recommend, but I would -- to be honest with you, would really like to see it in person to get a better depiction of what it looks like. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I have some similar in our subdivision where we had an existing subdivision, they have got the six foot solid fencing, because it's an older part of the development. They ended up where Reta Huskey Park is they ended up developing the Creason Lateral as -- as a pathway and they have the four foot open fence on -- on the new development side to provide that light access and complete lack of privacy to their backyards, but that's another issue. If I might ask one of the Binford -- since we are -- we are trying to -- trying to nail down details to make things work, I just -- I want to get their input on a three foot Meridian City Council Meeting Agenda April 28,2020— Page 79 of 272 Meridian City Council April 14,2020 Page 53 of 61 berm with a solid four foot fencing and a two foot open lattice type of system. Their thoughts on that. A.Binford: I think that would be ideal and, like you said, if it can sit on top of the berm that's going to provide us, you know, not only the ability to irrigate, so we have the berm now that's a barrier and a buffer for our water, but, then, also, you know, something that helps to protect our privacy as well and we are not opposed to an open -- I mean our understanding in -- in researching this was that it -- that it needed to be kind of an open -- open fencing, but I mean if -- if you could do a solid with, you know, the -- the open latticework on top as high as we can go would be great. Hoaglun: Yeah. Mr. Mayor and Aneke, yes. And that would go all the way to the end of your property line? A.Binford: Yes. Hoaglun: Yes. Yeah. That would -- that would be the -- the plan and I think they agreed to that, so -- and if you are good with that, that, hopefully, rectifies that in making sure the drainage stays open for your water and your neighbor's water to exit the property during -- during development, so -- A.Binford: Yes. Simison: Council, would you like to hear from the applicant again at this point in time? Because they have the last word. Just want to make sure you are done with the Binfords at this point in time. Okay. We will ask the applicant to -- Dan, if you would like to provide any feedback on the comments you just heard. Lardie: Mr. Mayor, Council Members, so as far as -- as far as I understand is we are trying to -- we want to accomplish a three foot berm from all the way across our south boundary, including the roadway and the -- our open space. Along with that a four foot --four foot solid fence with a --with an open two foot lattice on top and, then, other fencing may be -- may be determined in the future for our development? Is that what I'm understanding? Simison: I think that's what Councilman Hoaglun has suggested. Lardie: Okay. I just wanted to make sure that that was clear. With that I will stand for any questions. Thank you. Have a good evening. Hoaglun: Mr. Mayor, if I might follow up with Dan. You are -- you are good with that situation? Now, it may be that your property -- on the other -- the Binford property, those homes you develop, you know, they don't want any fencing and it just accesses the pathway, but if there is fencing requested that it would be four foot. Lardie: Mr. Mayor, Council Member Hoaglun, yes, that -- that is the understanding. Meridian City Council Meeting Agenda April 28,2020— Page 80 of 272 Meridian City Council April 14,2020 Page 54 of 61 Hoaglun: Okay. Thank you. Simison: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for Sonya. Sonya, on this -- the original application that took all three properties together, did the pathway run along the Ten Mile Creek continually or was it broken up and ran through the neighborhood? Allen: Mr. Mayor, Councilman Cavener, I believe that it went around through the neighborhood as well. Chris, there is a -- I believe a copy of the previous plat in my presentation, if you could go back a couple slides. Or the existing approved plat I should say. Go back one more, please. Thank you. Yeah. You can see the pathway. They were trying to retain that existing home along the north boundary adjacent to the creek as well, so that pathway ran along the southern and western boundary, similar to what it is now. Cavener: Okay. Okay. Thank you. Allen: Yes. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Yes. Mr. Mayor, Members of the Council, I just want to be sure -- if you -- if your desire is that the -- that the fencing on the Bannock Ridge side of the pathway is limited to four feet in height, that you specifically call that out as part of your motion, because, otherwise, they would still be able to put a four foot fence with two foot lattice on their side, because the code would allow it. So, if you want to make sure to limit it to four feet, I would include that in your motion. Simison: Yeah. And that was my concern. I mean the three foot berm with a four foot fence with a two foot ladder, that's a nine foot barrier. I mean that's -- that's huge, especially when you have four foot-- and this is -- maybe this --there is no redevelopment of this property for the next 30 years, 40 years, who knows, but, regardless, a nine foot fence in that location does not seem to be appropriate along a pathway. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. And I understand that, but we are requiring that three foot -- foot -- if -- as our Council Members may go, you know, a four foot solid fence on top of the berm should be plenty. You know, I was just trying to figure that out. If they get a six foot fence Meridian City Council Meeting Agenda April 28,2020— Page 81 of 272 Meridian City Council April 14,2020 Page 55 of 61 on top of that, that enhances the privacy and -- and any trespass issues, so -- and maybe with a berm -- you know, a berm you can -- you can walk on and jump a four foot fence, so that's -- from a privacy standpoint I was -- that's why I was including it with the extra lattice on top. That's see through, but harder to -- harder to jump. So, if we were to do that, yes, I could see the need for a four foot fence on -- on the other side. Harper: Mr. Mayor? Simison: Mr. Harper. Harper: Mayor, Members of the Council, I just kind of reached out to get some clarification and I think our code is pretty clear on -- on when it comes to fencing on pathways. CPTED kind of -- CPTED rules kind of vary, but I know Sonya was talking about the code and I think it's important that we stick as closely to that, because that was developed more than anything for safety reasons. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: I think Councilman Hoaglun's solution in these circumstances make good sense to the south and, then, the accommodation to the north with the four foot limit. All of that seems appropriate. Simison: Council, do I have any further questions you would like to ask or do I have a motion to close the public hearing or what directions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing for H-2019-0143. Hoaglun: 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: FIVE AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Meeting Agenda April 28,2020— Page 82 of 272 Meridian City Council April 14,2020 Page 56 of 61 Cavener: I'm happy to kick things off for deliberation. I really love our Council in that we -- we take these small issues and we really wrestle with them and dig into them and try and find a solution that benefits everybody and I appreciate our work on that tonight. That said, I don't think that I'm in support of this application and for one big reason and it's something that I have learned by being on the Council for six years are some of the well intended actions that have long lasting repercussions as it pertains to sidewalks in -- in Meridian, specifically in south Meridian where we have just kind of this patchwork makeup of sidewalks where you have got sidewalks and, then, a big gap and, then, more sidewalks and, then, ultimately, it's us as a Council trying to come up with taxpayer dollars to try and fill in those gaps and I worry is that on this particular piece where you went from kind of three pieces of land with one total project that would have filled in a gap on a sidewalk there, that if we part and piece this that we will never solve the sidewalk problem on -- on -- on Victory between Locust Grove and Meridian Road. I like the application as was previously presented. I'm not supportive of this DA. I really applaud the applicant trying to make something work here. Obviously, that connection of the pathway is a nice connection for south Meridian. Again, it would serve my neighborhood well, because we have got a pathway to nowhere. I just think that if-- if we aren't beholden to keep getting these sidewalks connected along the way, that future councils are going to be saying, well, why -- why did the past city council approve this? Or they are going to be saying let's kick in some, you know, taxpayer dollars to get the sidewalk connected there. So, I can't support it. Simison: And while I don't have a vote on this, if we have to build a nine foot structure for a pathway, I think that we are probably not approving the right project. Now, that doesn't seem to be -- it -- whether it's a timing issue or anything else, that to me seems overkill for any pathway in our community. That's just my two cents. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. And I understand that. That's a -- that's an issue that, you know, I -- I -- I would be willing if it -- if it helps your heartburn, you know, with the three foot berm to go with the four foot solid fence. That gives them seven feet. I mean part of it is -- if people want to do harm or do wrong they will figure out a way to do it, whether it's seven foot or nine foot. You know, if that -- if that works a little better for you and it still gives them privacy, because that would be a solid fence and from their -- their viewpoint that would be seven foot that they can't see and people walking on the path. That's -- that's a seven foot fence as well. And, then, you would have the four foot fence like -- like we have here in my subdivision, one side has the six foot fence, the other side has the four foot fence. I'm coming from it -- having been in Binford's shoes where we were a farm property and -- and development moved in around us and working with the developer trying to make that work and put those things into place. So, I'm -- I'm very aware of how -- they are being squeezed and it happens and -- and you are -- you are willing to go along with it, but you are trying to protect what you have to a certain degree to keep that -- that feeling of -- of open space, if you will, to as much as you can. So, that -- that's my desire there. Meridian City Council Meeting Agenda April 28,2020— Page 83 of 272 Meridian City Council April 14,2020 Page 57 of 61 Some members feel like, hey, just go with the four foot fence. That's the best we can do, that -- I'm fine with that. Simison: And, Councilman Hoaglun, I think you kind of hit it on the head. This is -- to me we are trying to protect too much in this area. We have another home on this property that doesn't want to redevelop, which is creating some of the challenges. You -- you don't -- kind of going back to the other point, you have got Glacier Springs, which doesn't really have too many amenities or other elements. This piece of property would be in the same situation. You throw in a large fence for the pathway, it just seems to be there is a lot of elements that we are trying to make accommodate an area which maybe is not ready to develop altogether. Again, I don't have a vote, so I'm not going to tell you where -- how high your fence should be or-- or where -- what you should do, but, you know, this almost goes back a little bit -- to me it's a little round peg in a square hole trying to make it work, when the area is not ready to redevelop is what I'm hearing. Hoaglun: Mr. Mayor? I appreciate that -- that perspective and if we are ready to move forward on it, we got to find ways to make it work. They are providing 11 percent in an area that didn't -- doesn't require it. It does move pathways, but if we are trying to slam a peg in there that doesn't fit, then -- then we will just have to move on. So, I will hold off on making any motion at the time. Simison: Councilman Bernt? Bernt: I -- am I on? I -- I don't want to regurgitate what's been said. I agree with Councilman Cavener. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I haven't spoken a lot during this application, because I'm wrestling with it and I tend to agree with the Commission's recommendation that they would like to see this entire 13 acres that was originally part of the DA developed together. That's tough, because you have three different property owners who have very different ideas about what they want to do with their properties. But I think if we look at the big picture of what we as a city have set out to do with -- with our Comprehensive Plan, our focus has really been on -- on trying to not develop in these small pieces, in these five acre sections. It creates too much of a patchwork and so just in that -- in that vein, I would say that -- that while I completely respect the applicant's right to pursue this and I think that they have done as absolutely best they could possibly do with this small size property, the plat that they have created -- they really are -- have worked very hard to make it work. Just from a big picture standpoint I would feel a lot more comfortable if-- if we weren't allowing such small acreages to --to develop, unless they are in -- completely surrounded by properties that are already annexed, like we have discussed our focus on in-fill projects. This is not one of those. Cavener: Mr. Mayor? Meridian City Council Meeting Agenda April 28,2020— Page 84 of 272 Meridian City Council April 14,2020 Page 58 of 61 Simison: Councilman Cavener. Cavener: I'm not sure if anyone else wants to chime in. If not, I'm happy to make a motion. Simison: Mr. Borton, would you like to speak on this item? Okay. Councilman Cavener, if you are up for it, go ahead. Cavener: Mr. Mayor, I move that we deny Item 6-J, A DA for Bannock Ridge, H-2019- 0143. Bernt: Second. Simison: I have a motion and a second to deny the application. Is there any discussion on the motion? Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Councilman Cavener and second, I just want to be clear your -- your basis is you would like to remain with the current existing development agreement on this property and not allow the separation into separate pieces and, therefore, it's not in the best interest of the city to allow this amendment. Is that what I heard? Cavener: Yes. Mr. Mayor. Mr. Nary, thank you for -- for chatting me through that. You have absolutely summarized my comments in my head from probably not the exact way that I articulated them in my motion. So, I appreciate that. Nary: That's perfect. Thank you. Simison: If there is no discussion on the motion, I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault, yea. Simison: The motion is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. K. Public Hearing for Andorra Senior Living (H-2019-0127) by Sawtooth Development Group, LLC, Located at 715 & 955 S. Wells St. and 971 E. Wells Circle 1. Request: Annexation of 16.99 acres of land with TN-R zoning with a conceptual development plan for a senior (age 55 and Meridian City Council Meeting Agenda April 28,2020— Page 85 of 272 Meridian City Council April 14,2020 Page 59 of 61 older) living community consisting of (76) single-family dwelling units and a 3-story apartment building with 88 dwelling units and a building footprint of 30,000 square feet; and, 2. Request: Request to Vacate existing ACHD right-of-way (unnamed cul-de-sac) consisting of 0.45 of an acre of land that lies between the properties located at 715 and 955 S. Wells St. & 971 E. Wells Circle. Simison: Thank you very much to all for your time and attention this evening. Item 6-K is a public hearing for Andorra Senior Living, H-2019-0127. It has been requested to continue to May 19th. Bill, do I need to open the public hearing? I'm sorry. Was that a yes? Nary: Yes, sir. Yes. Simison: I will open the public hearing on this item. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we continue Item No. H-2019-0127, Andorra Senior Living, to May 19, 2020. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second. Simison: I have a motion and a second to continue the public hearing on Item 6-K, H- 2019-0127. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Ordinances [Action Item] A. Ordinance No. 20-1878: An Ordinance (H-2019-0109 — Edington Commons) for Annexation of a Parcel of Land Being a Portion of the W '/2 SW '/4 SW '/4 of Section 36 Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as Described in Attachment " A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to Meridian City Council Meeting Agenda April 28,2020— Page 86 of 272 Meridian City Council April 14,2020 Page 60 of 61 the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 14.564 Acres of Land From RUT to R-15 Medium High Density Residential) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Next item up is Ordinance 7-A, Ordinance No. 20-1878. 1 will ask the clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. Ordinance No. 20-1878, an Ordinance, H-2019-0109, Edington Commons, for annexation of a parcel of land being a portion of the W '/2 SW '/4 SW '/4 of Section 36, Township 4 North, Range 1 West, Boise meridian,Ada county, Idaho, as described in Attachment " A" and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 14.564 acres of land from RUT to R-15 (Medium High Density residential) zoning district in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Would anyone like this ordinance read in its entirety? If not, is there any discussion on the ordinance? I will ask the clerk to call the roll. Weatherly: Thank you, Mr. Mayor. Borton -- Cavener: I don't think anybody's made a motion. Weatherly: Oh, I'm sorry. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we adopt Ordinance No. 20-1878, with the suspension of rules. Cavener: Second. Simison: I have a motion and a second. Is there discussion on the motion? Cavener: Sorry for interrupting things. Sorry, Mr. Mayor. Meridian City Council Meeting Agenda April 28,2020— Page 87 of 272 Meridian City Council April 14,2020 Page 61 of 61 Simison: You're good. If not, the clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Future Meeting Topics Simison: We have reached to Item 8. Future Meeting Topics. Is there any item for future meetings? If not, I will entertain a motion. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. Any discussion on the Motion? If not, all those in favor signify by saying aye. Opposed nay. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: We are adjourned. MEETING ADJOURNED AT 9.26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 28 / 2020 _ MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK