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HomeMy WebLinkAbout2020-04-28 Regular Meridian City Council April 28, 2020. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, April 28, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Caleb Hood, Bill Parsons, and Joe Bongiorno. Item 1 : Roll-call Attendance: X_ Liz Strader _X_Joe Borton X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X Mayor Robert E. Simison Simison: Okay. I will call this meeting to order. For the record is Tuesday, April 28th, 2020, at 6:01 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is the Pledge of -- Pledge of Allegiance. And, Chris, who will this be led by? Johnson: We have Corbin Bains from Scout Troop 77 leading the pledge. Simison: Okay. (Pledge of Allegiance recited.) Item 3: Community Invocation with Allen Yadon of Center Point Church Simison: Thank you, Corbin. We appreciate you doing that for us today. Item No. 3 is our community invocation and we will --that will be by Allen Yadon of Center Point Church. If you would all join us for the community invocation or take this as a moment of silence. Yadon: Let's just pray together. First of all, I just want to say thank you, Mayor, and to the City Council for all that you are doing in this season. We are grateful and I know there is a lot going on, but -- doing it and to their lives. Lord, I know in a season of progress and growth, God, that there is always challenges and stresses that come with that, but I just pray, God, that you give them favor, Lord, that you give them wisdom and new understanding, Lord, and I just pray, God, that you would be with them and their families and their spouses and their children, Lord, that they would be in good health, that you would protect them, Father, in all that they do. Lord, we are grateful for their leadership. Meridian City Council Meeting Agenda May 12,2020— Page 30 of 284 Meridian City Council April 28,2020 Page 2 of 64 We are grateful, Lord, for all that's taking place in the City of Meridian and we believe, Lord, that the best is yet to come and we just seek favor and your blessing upon their lives, Lord, and the wisdom that you give unto them, Lord, we thank you, Father, in Jesus' name we pray, amen. Simison: Thank you, Mr. Yadon. Appreciate it very much. Yadon: All right. God bless you guys. Item 4: Adoption of Agenda Simison: Item No. 4 is adoption the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Move that we adopt the agenda as published. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. 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: ALLAYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) A. Advance Sign Up Required Simison: Item 5, future meeting topics public forum. I understand, Mr. Clerk, that we did have someone sign up in advance for this item. Weatherly: Mr. Mayor, we do. It's Kelsey Crawford to speak on a group of established salon businesses bringing facts and data to the Council on what another two weeks of closure will cost business owners and employees, as well as the state. Simison: Okay. Is she on -- on to speak for three minutes? Weatherly: Yes, Mr. Mayor, she is on and unmuted and ready to speak when she is. Meridian City Council Meeting Agenda May 12,2020— Page 31 of 284 Meridian City Council April 28,2020 Page 3 of 64 Crawford: Hello. Thank you guys so much for hearing us today. I -- I come on behalf of seven businesses -- Simison: Kelsey, we can't hear you. Crawford: Is that better? Simison: No. It's very very faint. Crawford: Is that better? Simison: Yeah. A little bit better. Yeah. Crawford: Okay. First of all, I wanted to thank you guys for -- for letting me come before you and discuss issues that we wanted to bring to your attention, which I'm sure you might be kind of familiar with. I am the owner of A Beautiful Reaction Salon in Meridian and -- and we come -- there is a few of us here representing seven salons and we wanted to discuss the -- basically the phases in which businesses are opening and how it's affected our businesses financially and extending it, then, the additional two weeks that's happened and the seven business, salons that are here in Meridian, it's cost us, if we remain closed to the 15th, 800,200 -- I'm sorry -- 824,542 dollars, approximately, and if we remain closed another two weeks it's a 210 -- I'm sorry -- 210,630 dollar loss. So, we wanted to -- we were wondering what -- basically what we can do from here and what -- what maybe you found out from the Mayor as far as the City of Meridian and their stance on remaining closed and if this was to be extended past the point of the 16th or 15th. Simison: So -- so, Kelsey, this is not a time for where we can engage in a conversation. This is for you to present information and, then, if there is anything that we want to schedule for a future Council meeting we can do that. Crawford: Okay. Another -- let's see where we are. Okay. Another issue that small business owners are facing right now, including myself, is the PPP protection loan and it puts the small business owners in a position that now that we have gotten it our employees are now receiving more funds on unemployment and they are reluctant to come back to work and remain on unemployment, so you have a situation to where we potentially are losing employees and even though we have been granted this loan it's putting us in a tough position that now our staff isn't wanting to come back for -- for, obviously, because they are -- they are getting more income off of work. So, it's kind of a double edged sword in a way. So, getting people back to work is, you know, where we are seeing a resolution and, you know, the situations at hand. Anything -- am I allowed to pass it off to another salon owner at this point? Simison: Yeah. If you stay within the three minutes, yes. Crawford: Okay. Meridian City Council Meeting Agenda May 12,2020— Page 32 of 284 Meridian City Council April 28,2020 Page 4 of 64 Simison: State their name for the record. Nathan. Okay. Nathan Argon. Argon: Thanks for taking time to listen to us. And thanks again. We have all suffered some pretty severe financial losses in six weeks it's been closed. The salon industry, as you guys already know, there is pretty strict guidelines already. So, our -- our standard of business is already pretty high as far as cleanliness goes and -- and we just -- we feel it's a really slap in the face to everybody in our industry that we can't open -- are considered nonessential services and we are much cleaner than any other place that you would even go to. So, what we are asking is we want to know -- like Nampa has done enforcement to business -- businesses if they choose to open -- to get on with more stuff right now with people who don't have income, who are moms, who are kids and just a bad situation. Everybody's kind of just wondering what is going to be the enforcement if people choose to go back to work, because everybody -- most people are ready to get back to work I should say. Simison: Okay. All right. Thank you, Kelsey and Aaron for your -- or, sorry. Mr. Argon. Did I get that right? Argon: Argon. Simison: For your comments. I will stop there. And, Council, is this an item that you would like to have on next Tuesday's City Council agenda or further conversation offline? I do know that we hope to hear from the governor here in the next 24 to 36 hours on what -- what he will do, which will, then, in my opinion, help determine what my recommendation would be. But I will -- I guess I'm really looking for Mr. Nary to help me where I'm supposed to go or not go with this conversation anymore. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I think -- I think probably it would be wise for us to at least to schedule this for a conversation next week, possibly at your work session. Things may change between now and then depending on what the governor does. So, at least it would be on the radar and, then, these folks that are here tonight would be able to know-- you are going to talk about it unless, again, there is a new order, a new directive from the governor, the Mayor were to issue an order or something like that. But I would at least do a follow up next week as to where we are and -- and what's planned for the next couple of weeks. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: You know, I -- I think it's -- I understand the reasoning for waiting to hear what the governor has to say and what his directive is going to be. If -- if this Council feels it's Meridian City Council Meeting Agenda May 12,2020— Page 33 of 284 Meridian City Council April 28,2020 Page 5 of 64 necessary, I think that waiting until next Tuesday might be too long. I mean if we wait until next Tuesday we might be in the middle of -- you know, we are going to be in the middle of this 16 day waiting period and so I wouldn't be opposed to scheduling an emergency meeting to discuss what's going on far -- far before next Tuesday. Next Tuesday is going to be too late in my estimation. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I tend to agree with Council Member Bernt. I guess my suggestion would be not knowing what the governor plans to say, once that announcement from the governor is made perhaps you and the Council President can connect and determine, you know, is it appropriate to schedule a special meeting sometime this week for Council to take this issue on or if it's prudent to wait until next Tuesday. We just don't know what's going to be said. Bernt: Right. Cavener: I think keeping our options available to us is something I'm supportive of, allowing you -- you and the -- and the Council President to work through whatever you think is best. Simison: Yeah. I will just say from my perspective I'm hopeful that we don't need a Council meeting to discuss this topic, but -- and I think if there is another stay at home order extended, which I cannot imagine there will be, then, I think that's when the appropriate time would be. But, yeah, if we need to do a special meeting we can do a special meeting. I think that that would probably be on Friday is when that special meeting would occur, if not Thursday evening, so -- Cavener: Great. Bernt: One last thing, Mr. Mayor, just to follow up, please. Simison: Councilman Bernt. Bernt: Just for those who are listening and those who are watching, right now we are discussing ways through the Chamber of Commerce and we are developing an initiative called Keeping Meridian Healthy and Open For Business and there is a lot to that and I don't necessarily want to get into the specifics right now, I just -- I just want those who are listening and who are watching to know that, you know, there is a lot going on behind the scenes right now in the city and we are leading and we were preparing and we will have the resources available for businesses -- to help businesses be successful during these trying times. So, for those who are watching and listening, know that -- that you are being heard, know that this is important to us all and -- and we are really anxious to see what the governor has to say. Meridian City Council Meeting Agenda May 12,2020— Page 34 of 284 Meridian City Council April 28,2020 Page 6 of 64 Item 6: Action Items A. Public Hearing for Community Development Block Grant Program Year 2019 Action Plan Amendment and Citizen Participation Plan Amendment (Resolutions 20-2191 and 20- 2207) Simison: Okay. Thank you very much. With that we will move into Item 6-A, a public hearing for Community Development Block Grant program year 2019 action plan amendment and citizen participation plan. I will turn this over -- I assume Crystal is on -- on the line and will be the one presenting. Open the public hearing and ask staff to present. Campbell: Thank you, Mr. Mayor, Members of the Council. I have a brief presentation for you guys to kind of cover what the amendments are. There is two of them going on right now. One is for the program year '19 action plan and the other is for the citizen participation plan and I'm trying to press play, but it isn't working. Thanks. Sorry. I'm not sure -- do I have the controls or does somebody else? Johnson: Okay. So, this is Chris. Mr. Mayor, I'm sorry. Crystal, this is Chris. I'm trying to give you control of the screen. One moment. Campbell: Sorry for the delays. It looks like it was a little bit fast forward. Okay. So, now we are going. And, Chris, I don't hear the sound. Johnson: I'm fixing that now. Apologies. Campbell: Let me rewind it again. I know the anticipation is killing all of you right now. Bernt: Take your time. You're good. Campbell: Thanks, guys. The Meridian CDBG program's annual action plan was approved in July 2019 for program year 2019, which runs from October 1 , 2019, to September 30th, 2020. The action plan identifies the annual goals of the program and activities that will be funded during the program year. There have been some changes in the first several months of the program year requiring staff to complete an amendment to the action plan. In this presentation we will address the purpose of the amendment and involvement with the public and Council, the changes that will be made and the next steps to complete the amendment. A substantial amendment requires Council approval and is open for public comment for 30 days. The current amendment is considered a substantial amendment because we will be reallocating more than 20 percent of the funding for PY- 19. MDC is declining the funding that was awarded when the PY-19 action plan for the East Idaho project because alternative funding has been identified to complete that project. Additionally, several PY-18 projects were completed under budget. The ACHA homebuyer assistance program had difficulty locating affordable homes that were not out bid by other home buyers. Admin and fair housing expenses were lower than anticipated Meridian City Council Meeting Agenda May 12,2020— Page 35 of 284 Meridian City Council April 28,2020 Page 7 of 64 and both the Meridian Library District's restroom ADA upgrades and the Department of Public Works Crestwood-Fenway streetlight projects were completed under budget. This leaves a total of 249,376 dollars to be reallocated. Staff has posted two separate documents to the CDBG website that show how the action plan will be amended. Summary of the amendments shows screenshots of all text that has been changed for this amendment. The draft of the amended action plan is a full document with track changes. The amendment affects three specific projects, which are held by the Department of Parks and Rec, the Ada County Housing Authority and Catch. It also addresses the additional funding under the Cares Act. Parks and Rec is requesting a new project that will provide a connection between the pathway and sidewalk on Fairview Avenue. This will be a multi-year project, with the bulk of it being funded during PY-19. Parks and Rec will not need to submit a separate application for the remainder of the funding in PY-20, as the remaining will already be applied to this project and not included in the amount available for new projects in the PY-20 application. Here is a map of the area. This project will include moving electric poles and widening the area to make the section safer and more accessible. The city will be working with a consultant who specializes in CDBG homebuyer assistance programs to provide technical assistance to ACHA. The TA is intended to provide guidance to ACHA to allow them to assist households more effectively. This project has been updated due to information received during the public comment period. In response to community needs related to COVID- 19 Catch is requesting their funding be shifted from the current activity of providing SSI, SSDI care coordination, to providing homelessness prevention. Staff supports this request. The Cares Act was authorized on March 27th, 2020, to address the needs brought on by COVID-19. The Cares Act provides Meridian CDBG program with an additional 288,000 dollars to address the needs of those who have been affected by COVID-19. The application is currently open for projects that will be funded using the Cares Act funding. The priorities for this funding are projects for services related to homelessness prevention and stabilization, food security, behavioral health and domestic or intimate partner violence. Qualified projects will provide assistance to those who have been affected by COVID-19. Staff is also amending the citizen participation plan per HUD guidance to reflect the waiver provided under the Cares Act. A draft of the document that would provide changes is posted on the CDBG website. This amendment will allow the city to shorten the public comment period to five days for emergency circumstances, such as the current situation. It also incorporates alternative platforms, so that virtual public hearings will be accepted. Finally, it updates the name of the Meridian Press, which was included in the document under its previous name. The next steps involve citizen and Council participation. The amended action plan opened for public comment on March 6th, 2020, and the amended citizen participation plan open for public comment on April 22nd, 2020. Both will close on April 28th at the conclusion of the public hearing during the Council meeting. All comments will be addressed to both documents and any necessary changes will be made. Council will be asked to adopt a resolution to accept the finalized documents on April 28th, after which time staff will have one week to upload all changes and submit the amendment to HUD. The citizen participation plan does not need to be submitted to HUD. All questions, comments, and feedback should be submitted to Crystal Campbell at ccampbell@meridiancity.org or 208-489-0575. Thank you. So, I did receive two pieces of public comment. One was from Catch asking if they Meridian City Council Meeting Agenda May 12,2020— Page 36 of 284 Meridian City Council April 28,2020 Page 8 of 64 could change the scope of their project, which we have addressed in this, and we also received an e-mail from Council Woman Strader asking how we are going to address the Cares Act funding and specifically needing to incorporate more homelessness prevention. So, that e-mail was sent out prior to actually updating the presentation to include the Cares Act funding. So, in response to that, then, we are prioritizing homelessness prevention. And with that I will stand for questions. Simison: Thank you, Crystal. Council, any questions for Crystal? This is a public hearing. Do we have anyone signed up to testify on this item? Weatherly: Mr. Mayor, we do not. Simison: Okay. And just remind me, Adrienne, when people go into the -- that are in the attendees, are they aware of what they need to do to raise their hand if they would like to testify or should I be re-iterating that each time? Weatherly: Mr. Mayor, I will have Chris speak to that for you. Thank you. Johnson: Mr. Mayor, they are not aware, but I can put instructions on the screen. Simison: Okay. Well, with that, if there is anybody who is on -- on this Zoom meeting that would like to provide testimony on this item, I would ask you to -- as you can see the clerk just put up information on how you can raise your hand or participate. Now, if you are on the phone using audio only, you need to dial star nine to raise your hand. Otherwise, you can, on the computer, scroll over Main screen and click raise hand at the bottom center. If you are on a cell phone using video capabilities raise your hand at the bottom left of your screen. With that is there anybody that would like to testify on this item? Okay. I do not see anybody raising their hand. If the clerk can confirm that from your perspective as well. Johnson: We can confirm that, Mr. Mayor. Simison: Okay. Council, any additional questions for Crystal? Otherwise, I would entertain a motion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Well, I had asked Crystal some questions on the amended -- the FY-19 amended action plan and that incorporated the Cares funding and if she wouldn't mind sharing her responses to those. Specifically what I wanted to know was -- is -- I apologize, I lost my place here. As far as the additional funds where those were being distributed. She did mention that there were additional funds going to housing affordability and, then, Crystal, would you mind pulling up the questions that I had sent you earlier in writing. My Meridian City Council Meeting Agenda May 12,2020— Page 37 of 284 Meridian City Council April 28,2020 Page 9 of 64 apologies. I don't have them in front of me. And share the responses that you gave. I think they are important for Council to hear. Campbell: It will take me just a minute to get to them. Perreault: Sure. Campbell: So, your first question you were wondering --there were two different projects. One was related to homelessness prevention and one was for the public services related to COVID-19 and you had wanted to know where those were going to be located, because I had just put in there that it was going to be at community and provider offices and so my response was that homelessness prevention will be administered by Jesse Tree and Catch and the application for the public services for COVID-19 is open right now. That application closes on Friday and so we will know more specifically which projects we will be funding at that time. But in this document we want to leave it just as the categories that we are going to be funding, so that every time there is a shift in funding, like if one provider is not able to spend all their funds and we want to shift it to a different provider, we don't have to come back to Council to do a formalized amendment. So, this is -- this is just a little bit more general what we submit to HUD. The next -- oh. And also I wanted to point out that Council will still be able to -- review those. There is a couple of different opportunities with the Cares Act funding being such a large amount than before I even started working with the sub recipients to get the sub recipient agreements out, then, I would send out a memo to Council letting them know which projects were scored and ranked and selected, so that you would have the opportunity to either go through the memo and have it as public record or if you wanted to have a full presentation at the Council meeting and, then, you will also have the opportunity to review the exact dollar amount and specific sub recipient when you review and approve the sub recipient agreements. The second question you had mentioned that there is a lot of funds being used for city improvements that are in LMI areas and my response was that this program has historically completed projects in LMI areas that are not a priority for the city and do not have any funds allocated to them. And another thing I wanted to point out is that there were no other projects that were applied for during PY-19 that would qualify. So, we honestly don't have any other options right now to reallocate these funds to. And also for the PY-20 application that's open, we have two housing projects that requested less than what we plan to allocate toward housing and the only public facility improvement project is streetlights, which is another City of Meridian project. But, again, it's a project that wouldn't get funded if we didn't have CDBG funds. The third question was of the four projects now receiving additional funds how are the Cares funds being distributed and they are not being distributed yet. The application is still open and they will be scored in May. So, we will know which ones. And the final question you had was that 10,000 dollars was going to CDB administration. So, in the presentation it mentioned that that was going towards technical assistance for ACHA, but it comes out of the admin budget, so it is going towards them, but it's just -- it looks a little bit different. And those were all the questions. Simison: Good. Thank you, Crystal. Council, are there any further questions? Meridian City Council Meeting Agenda May 12,2020— Page 38 of 284 Meridian City Council April 28,2020 Page 10 of 64 Cavener: Mr. Mayor, just one. Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Crystal, sorry, this is kind of a -- I guess a -- as Council Member Zaremba would say, maybe a sideways question, but I was thinking about our Parks Department in the -- the care enough to share program, which provides access to sports and recreation for families and kids in need. Just looking to the future would the care enough to share program qualify for CDBG funding in the future? Campbell: I honestly would need to look into that a little bit more. I'm not sure that that one would, because we can fund youth programs, but entertainment is not an allowable cost. So, I would have to look really close at that to see if activities would be able to be funded like that. Cavener: I just -- and Mr. Mayor? Simison: Councilman Cavener. Cavener: I just know -- I have heard from some -- some families that are, you know, rightfully so are concerned about their kids and whatnot and had asked me about that program and so if it's something that we can look to explore and if that's something we can do in the future, it's obviously something I would be really supportive of. I will definitely look into that. Simison: Council, any further questions? If not, do I have a motion regarding the public hearing? Borton: Mr. Mayor? Perreault: Mr. Mayor? Oh, go ahead. Simison: Councilman Borton. Borton: I move we close the public hearing on Item 6-A for the CDBG grant program. 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: ALLAYES. B. Resolution 20-2191 : A Resolution Approving Adoption of a Substantial Amendment to the Community Development Block Meridian City Council Meeting Agenda May 12,2020— Page 39 of 284 Meridian City Council April 28,2020 Page 11 of 64 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 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: As to the next item, I move we approve Resolution 20-2191. Cavener: Second. Simison: I have a motion and a second to approve Item 6-13, Resolution 20-2191 . Is there any discussion on the motion? If not -- Mr. Nary, is this a roll call? If not, we will just have the clerk call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALLAYES. C. Resolution No. 20-2207: A Resolution Approving Adoption of an Amendment to the Citizen Participation Plan for the Community Development Block Grant; Authorizing the Mayor and City Clerk to Execute and Attest the Same on Behalf of the City of Meridian; and Providing an Effective Date Simison: Item 6-C. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we approve Item 6-C, Resolution No. 20-2207. Perreault: Second. Simison: I have a motion and a second to approve Item 6-C, Resolution No. 20-2207. Is there any discussion on the motion? If not, the clerk will call the roll. Meridian City Council Meeting Agenda May 12,2020— Page 40 of 284 Meridian City Council April 28,2020 Page 12 of 64 Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: ALLAYES. Simison: Thank you, Crystal. Look forward to the next steps in the process. Campbell: Thank you. D. Public Hearing for Lavender Heights Subdivision (H-2020-0009) by Westpark Company Inc., Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. 1 . Request: Annexation and Zoning of 55.14 acres of land with R-4, R-8, R-15, and R-40 zoning districts; and, 2. Request: A Preliminary Plat consisting of 188 building lots, 24 common lots, and 3 other lots. Simison: Okay. Item 6-D is a public hearing for Lavender Heights Subdivision, H-2020- 0009. 1 will open this public hearing with staff comments. Dodson: Good evening, Mayor, Council. Thank you for having me. Just to let Chris get up the presentation real quick. Much better. Awesome. Thank you, Chris. Appreciate it. Okay. The application before you is a request for annexation and zoning and preliminary plat. The site consists of a total of 55.14 acres of land with requested zoning of R-4, R- 8, R-15 and R-40 zoning districts. The site is generally located at 2160 East Lake Hazel Road and the existing zoning right now is RUT. The R-4 zoning is approximately 16 acres. R-8 27.8. R-15 three acres. And R-40 7.4 acres. The preliminary plat consists of 187 single family residential lots, one multi-family lot, and 27 common lots. The total proposed unit count is 235 residential units at a gross density of 5.86 dwelling units per acre and a net density of 3.5 across the entire project. Access is proposed via a new collector roadway, South Bloomerang Avenue, from an existing arterial East Lake Hazel. An additional access is proposed to be extending a public local street in the northeast corner, East Brace Drive, from the existing subdivision to the east. The applicant has proposed approximately 9.7 acres of open space, which is approximately 18.5 percent, of which 6.46 acres or 12.3 percent is qualifying open space. Three amenities are also proposed and these include a multi-use pathway across -- along the Farr Lateral that runs from the southeast corner all the way along the lateral around the western edge of the boundary and across the northern boundary until about halfway and it comes back into the property. The pathway also extends up into the center from the collector around the common area where the pool and parking lot are and, then, up that road and connects back to it up in the north. The other two amenities are a swimming pool and, then, additional qualifying open space. Planning and Zoning Commission requested that the applicant work with Meridian City Council Meeting Agenda May 12,2020— Page 41 of 284 Meridian City Council April 28,2020 Page 13 of 64 staff to reevaluate the location of some of the open space proposed. In response the applicant has removed a buildable lot and made it open space and swapped it with an area that was part of one of the larger open space areas in the west portion of the development. Staff finds that this land swap satisfies the intent of the Commission of providing additional open space to the homes in the eastern half of the site. Since the Planning and Zoning Commission meeting Meridian Fire has also updated their comments to state that the project can be serviced and added that the southern portion of the proposed project does lie within the five minute response area. In addition, the Fire Department has added analysis regarding the addition of the new fire station that is proposed directly across the street from this development next to Discovery Park. Once this station is built there will be no response time issues in this development. ACHD is not requiring any additional mitigation or road improvements to any nearby intersections due to each road and intersection being in the -- in their CIP program over the next few years. The applicant is proposing with ACHD an agreement to widen the portion of East Lake Hazel directly in front of the subject site to include a new eastbound turn lane and a new westbound turn lane onto the new collector roadway South Bloomerang. The project is proposed to be developed in four phases, three for the single family and one for the multi-family, which will be entirely in its own phase. The site design of this project proposes transitional densities throughout the property. Larger R-4 lots reside around the exterior of the property to better match the existing homes to the north and the east. The applicant is, then, proposing larger -- sorry. Lost my place there. Is proposing R-8 lots on the eastern property boundary to match the density of the subdivision directly to the east. The R-8 lots continue inward trend towards the higher density that make up the majority of the site. Within the R-8 zoning district there are alley loaded, single family homes located somewhat centrally in the development. These homes, then, transition into higher density of R-15 zoning and homes that are laid out in a sort of four-plex style, but they are all single family homes. These homes abut Farr Lateral and are closest to the future multi-family development. The multi-family development proposed at R-40 zoning and is closest to the arterial roadway East Lake Hazel. Throughout the development landscaping and pathways buffer zoning densities as well. Staff notes that the multi-family requirements have been conceptually reviewed and is not issuing an approval of the current layout or any proposed improvement, site design elevations, or open space and amenities in regards to the multi-family portion of this project. Overall staff does find the site design to be a great example of transitional densities and housing types. In addition, staff finds the proposed open space and pedestrian connections a great fit for the City of Meridian. Therefore, staff does recommend approval of the requested annexation and zoning with the requirement of a DA and approval of the requested preliminary plat per the conditions and findings in the staff report. Staff would like to note that this project was heard at the April 2nd Planning and Zoning Commission and the Commission did move to recommend this annexation and preliminary plat. The key issues by-- of discussion by the Commission were Fire response times and the timing of the future fire station, location of open space relative to proposed homes in the northeast of the development. Enrollment and capacity of nearby schools. Potential future of school sites that could be built nearby as well. And, finally, the phasing of the existing home connecting to city services. Commission did decide to modify the staff report and my condition of approval and allow the home to connect to city services in line Meridian City Council Meeting Agenda May 12,2020— Page 42 of 284 Meridian City Council April 28,2020 Page 14 of 64 with the proposed phasing plan. That was one of the conditions that Commission changed. They also added a condition to the development agreement requiring language be placed into all sales information for this single family homes that let those future homeowners know that there would be a future multi-family development as part of this overall project site. The outstanding issue for City Council that was not part of the previous application is a waiver to allow the Farr Lateral to remain as an open waterway. If Council does support the waiver for the Farr Lateral to remain open, staff recommends Council include a new condition of approval allowing the Farr Lateral to remain open in accord with UDC requirements. There has been no public testimony for this project, for or against. Since the Planning and Zoning Commission the applicant has issued their written response and is requesting that one of the development agreement provisions, Condition 8.A1 .B of the proposed DA is to be amended and they would prefer that the -- I guess the best way to put it is the multi-use pathway is to be constructed in accordance with the phasing plan and not in phase one as I have requested. And with that I am complete and if you guys have any questions I will stand for them. Thank you. Simison: Thank you, Joe. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, in reference to the applicant's request to change the condition you just mentioned, so are they -- are they requesting that they develop the pathway as each phase comes on, so they develop the -- the section that crosses phase one and that phase, etcetera, etcetera? Is that what you mean by they want to construct in accordance with the proposed phasing plan? Dodson: That is correct. Yes, ma'am. Perreault: Okay. Thank you. Dodson: You're welcome. Simison: Council, any further questions for staff at this time? Okay. If not, I will ask the applicant to, please, come forward and state their name and address for the record. Breckon: Jon Breckon. Breckon Land Design. 6661 North Glenwood Street, Garden City. Everybody hear me all right? Simison: Yes, we hear you fine. Breckon: Mr. Mayor, Members of the Council, please -- please -- oh, here we go. I have prepared a brief presentation for you that adds some additional information. Thank you for your support on this -- on this great project. Our team supports the city and staff and we look forward to another successful project. The Westpark Company has been a fan Meridian City Council Meeting Agenda May 12,2020— Page 43 of 284 Meridian City Council April 28,2020 Page 15 of 64 of the city since 1986 and has a history of some very successful past projects, two of which are Bear Creek and Tuscany, both of which have -- have some nice parks within them. Next slide, please. Okay. There we go. Lavender Heights is located on the north side of Lake Hazel Road, between Locust Grove and Eagle Road. You can see -- it is this lavender color on the screen. The existing BlackRock Subdivision is on the north side. East Ridge Subdivision on the east and the Discovery Regional Park on the south, as well as future fire station location. The design responds to the existing topography and takes advantage of the existing use of the Boise front to the northeast. Next slide. This is a design concept of the Discovery Park master plan, which I was involved in. And Westpark has always supported the city in its efforts and is proud to have been instrumental in the acquisition of this property. Next slide. Lavender Heights is somewhat of an in-fill project, as it is surrounded by city limits and you can see that by the shading here on this slide. Next slide. This is a color rendition of Lavender Heights. You know, we started working on this project with the community development staff in fall of 2018. During this time we reworked the original designs many times, ten plus, in an effort to support the city's recommendations for density, as well as ACHD circulation standards. While this proved challenging, the current design provides a mix of four zoning areas and five different housing product types. The pedestrian circulation is exceptional. It's a very pedestrian friendly development, with detached sidewalks throughout. Lavender Heights presents itself as a very walkable community and provides pathway linkages that circulate through the site and connect the adjacent developments, BlackRock and Eastridge, to the Discovery Park on the south side of Lake Hazel. There are three amenities proposed. One is an infinity edge pool that doubles as a water feature and I will show you some more information on that in just a minute. It's at the access -- a terminus of access of the main entry road. There is also an extension of a ten foot wide regional pathway that parallels the Farr Lateral and provides connectivity by wrapping the site and will connect BlackRock on the north to the Discovery Regional Park on the south. You will notice there are three passive neighborhood parks, one, two and three, which help improve our open space percentage and almost double the city requirement. Next slide. The density progression and zoning transition respond to city staff's requests, as well as the neighbors requests. On the northwest, the north, and the northeast we have the R-4 estate lots, which provide a buffer transition between BlackRock on the north and the R-8 zone in the middle. Additionally, the lot lines on the north are adjusted at the neighbors request, so that they align with existing lots to the north. You can't see very well on this, but these colors are a little different, but they do, they align at the property lines here. The R-8 zone provides both single family, as well as alley loaded units, before it transitions to R-15 autocourt style homes. The Farr Lateral, with the ten foot wide regional pathway, provides a natural transition between R-15 and the multi-family on the Lake Hazel frontage. All right. Next slide. There is -- next few slides are examples of amenities and the housing styles. This is a shot of one of the open space areas that's adjacent to the Farr Lateral and this is -- these are accurate representations of the landscaping as well. This is a single family home in the R-4 zone. Next slide. Another example of single family home. R-4. This is the R-8 front of the alley loaded homes. This is the back of the alley loaded homes. Next slide. This is a shot of one of the micro pathways, which there are several throughout. Next slide. This is -- this is the swimming pool amenity that I mentioned previously that's at the terminus of the main entry road and you can see how this kind of Meridian City Council Meeting Agenda May 12,2020— Page 44 of 284 Meridian City Council April 28,2020 Page 16 of 64 doubles as a water feature, as well as a swimming pool. Next slide. Here is a -- more of an aerial view of the pool and pool house. Next slide. This is the parking lot side of the pool house. Next slide. Here is an example of R-8 single family homes. Here is a shot of the autocourt style homes, the R-15. And, then, this is multi-family R-40 conceptual. Next slide. This is just a concept plan of the multi-family phase. It is -- it -- well, it will be submitted as a separate project, so that will not be -- this concept will certainly not be a part of the approval tonight. It will come in later as a separate -- separate project. But one -- the reason I wanted to show it is it does depict the access and egress into the parking lot and it notes that there is no connection to Lake Hazel. Next slide. This shows the alignment of the new approaches off the main entry road. This is a stub to the multi- family and a stub to future development on the west. Next slide. This is a proposed phasing plan. You can see phase one is lavender color and it provides connection in and through, extends Brace Drive from the east -- from East Ridge Subdivision and comes through and, then, connects up to Lavender Heights. This -- this allows for immediate emergency vehicle access from two points of access. We also agree with staff's decision to have the existing home, which is located right here and has been integrated into the design to be in phase two. Phase Three is the west side and phase four would be the multi-family on the Lake Hazel frontage. Next slide. This is an emergency services response map that Joe Bongiorno was gracious enough to share with us. It shows the five minute response time -- estimated edge of that and how it -- how we meet that requirement, as well as the park to the south and the location of the future fire station. Next slide. And here is the -- the color plan again for reference. I just really look forward to completing another high quality project that properly responds to the city's needs and that will be a highly valued piece of Meridian's urban fabric. I would now like to pass the mic to Hethe Clark for closing statements. Johnson: Mr. Mayor, this is Chris. It just takes a moment for me to move Hethe to a different level so he can control the screen. Just one moment. Mr. Clark, it's all yours. Clark: Hi, everyone. It looks like I needed to be unmuted. I think we are on -- we are on board now. Well, it's good to be with everyone again. Hethe Clark, 251 East Front Street in Boise. Just going to provide a couple of closing notes on this and talk about the request for a minor modification of that one condition of approval. On the project level, I want to just emphasize a couple of items. The end -- if I can get that slide to come up. There we go. A couple things. First, this project is in accordance with the -- the city's planning for this area. It's not just on paper, but also in terms of actual timing. It's going in across the street from a park that's already under development. It's a park that's going to be one of the nicest anywhere in the city. As -- as was mentioned, we are happy that this developer played a small part in that. Because the timing is appropriate, the agency comments are all addressed and I want to emphasize and thank Deputy Chief Bongiorno for talking with us about this and for reviewing it and confirming that we are -- with the current fire stations within the five minute response time goal and we look forward to the day when there is a fire station right across the street. I also want to thank staff for their efforts. There has been many meetings, as Jon mentioned. We think there is a great mix of product types here that have an appropriate transition and we have been happy with the response that we have heard from staff. I know our team's really appreciated working with Joe Dodson Meridian City Council Meeting Agenda May 12,2020— Page 45 of 284 Meridian City Council April 28,2020 Page 17 of 64 on this. We think he's done a great job. And, then, finally, before I talk about that condition of approval, I do want to thank the City of Meridian for all of the extra efforts you have been taking to help life continue to move during this strange time. I think Meridian has been very much ahead of the curve when it comes to trying to make sure that these projects can continue to be heard in a -- in a safe way. So, I personally want to thank you for that. So, as we close let me just kind of go over that modification to the condition of approval. And this is a suggestion as to language that we would -- we would like to see on that. We are in agreement with all of the remaining terms and conditions of the staff report, but when it comes to 1-B, this has to do with the regional pathway, which is on the boundary of the project and, then, proceeds down through the multi-family area and let me kind of show you on this slide here. So, we are primarily talking about this location all the way across and, then, it drops through into the multi-family area. We wanted it to be able -- for the -- for the multi-family portion of the project to be able to take advantage of that. So, the current condition calls for the entirety of the regional pathway to be built up front in phase one and that does -- you know, we are concerned about some difficulties that that might create for us. One example is that this -- the multi-family area, as Jon mentioned, is not -- does not get a final approval tonight, that that is subject to a conditional use permit later and what that means is that it will be designed and engineered later and, you know, we are concerned, we want to make sure that we don't have throwaway construction. We would like to do all the design and engineering all at once on -- and that also goes for phase three, we would like to build that--the regional pathway within phase -- phase three while we have our folks mobilized to do the site development in phase three. So, with that we think it just takes a minor modification to that condition of approval to make that work and with that I would be happy to answer any questions you might have. Simison: Thank you, Hethe. Council, do you have any questions? Strader: Mr. Mayor? Perreault: Mr. Mayor? Simison: Council Woman Strader, since you are still at green on my screen. Strader: Okay. Thank you. Can you just go through a little bit the expected timing for the phasing of your project and just for some context, one of the issues I'm really struggling with is the overcrowding right now in this area of the school district. If you could just address the timing of each phase. Clark: Sure. Council -- sorry, Council Woman Strader. Mr. Mayor, Council Woman Strader, the -- the overall build out that we are looking at is generally in a four to five year time period. We are, obviously, aware of the -- the -- the capacity of West Ada School District. West Ada just wrote in -- I think within the last couple of weeks and provided comments. They did not, as you know, in a number of other applications they have asked for projects to be held up for -- you know, until, for example, Owyhee High School comes online. That was a common refrain that we saw in a number of other projects. They have Meridian City Council Meeting Agenda May 12,2020— Page 46 of 284 Meridian City Council April 28,2020 Page 18 of 64 not asked for that in this case. What I would say is that, you know, Meridian is growing and the West Ada School District is planning to match that growth. We do believe that -- you know, that the letter from the school district doesn't call for a moratorium and the city shouldn't either. We would rely on the planning that the city is doing and -- and West Ada is doing to be able to address that capacity, but, you know, with that I think I would rely on the school district comments. Strader: Mr. Mayor, follow up? Simison: Council Woman Strader. Strader: Yeah. I reviewed the school district's comments and I guess, you know, speaking directly to their comments was some -- some data demonstrating clear overcrowding, not even borderline. So, you know, have you had any discussions with them on the location of a future school? I read some discussions on that from -- maybe was the Planning and Zoning meeting, but maybe you or a member of staff that's spoken with West Ada recently could talk about their future plans for the area. Clark: Mr. Mayor, Council Member Strader, the -- I'm not aware of any specific discussions with them, but we are aware of some of their plans. We do know that Mary McPherson Elementary School is set for -- for an expansion that will begin I think later this month. The -- and with that, you know, we expect that there will be additional expansions as well. I don't read the school district's letter as calling for a moratorium on approval. This is a -- it's relatively small project, there is not room for it -- you know, for a new school site or that sort of thing nor do I think one would be appropriate for this scope of a project. The school district is making plans to accommodate growth and -- you know, and they are -- they are matching that up with the -- the -- the plans of the city and I think that's -- we have to rely on that planning. Parsons: Mr. Mayor? Simison: Mr. Parsons. Parsons: If I may address Council Woman Strader's question just a little bit more. I just want -- I just want to let her know that, yeah, some of that discussion did occur at the Planning and Zoning Commission and I can let you know I have a little bit more information from what's transpired from P&Z until the -- to this hearing this evening. But our office right now is actually processing a certificate of zoning compliance and design review application for one of the school sites, which will be Blue Valley Elementary School, which is off of Linder and Overland Road. I don't -- I don't know what the funding sources for that school, but I know it's in for staff level approval. There is a team member that's working on the application diligently so we can get that reviewed and approved as quickly as possible. So, if there are funds available the school district will be able to start construction on that as quickly as possible. Strader: Thank you, Bill. Meridian City Council Meeting Agenda May 12,2020— Page 47 of 284 Meridian City Council April 28,2020 Page 19 of 64 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I believe that that was supposed to have been funded by the bond that they were intending on putting out -- putting out for a vote this year and they have elected not to do that until next year sometime and assuming that that bond passes I would guess that that school would not be available for another couple of years and, you know, until -- until it's built and ready to go, although it sounds like they have -- they have done all the preliminary work, so maybe that time could be shortened maybe a year of construction, which would put us I guess in 2022, let's say. I apologize I -- I missed the applicant's response about how-- about the --the time frames for the phasing. If he could address where he thinks they might be in 2022 best case scenario that would be great. And the second question I have for him is does the -- the entry road that comes into the development, which I think it was called Bloomberg -- Bloomerang, is that how you say that? Does that line up with the entrance -- main entrance into Discovery Park on the south side of Lake Hazel? Clark: Yeah. Council Member Perreault, so I will start with the Bloomerang and, no, it does not align. The -- I don't have control of the screen, but the -- the park entry is further to the east. Yeah. And it's -- let's see if I can find a better picture. So, this map shows you the -- the entry to the -- to the park. Bloomerang, I believe, is mid mile -- mid mile collector. Is that right. Yeah. So, the -- the location was identified -- is identified on the master street map and that's -- that's why it is where it is. With regard to timing, obviously, we are just at the preliminary plat phase now. We still have to come back to the city for a final plat. We won't be paving this year. So, you wouldn't -- you wouldn't only see phase one with the possibility of coming online in '21 . We are talking about a build out of four to five years. So, the -- this will be coming along -- coming on gradually when we expect other schools would also be coming online with the -- with the school district's bonding -- with their development plan. Perreault: Thank you. Cavener: Mr. Mayor? Simison: Council, any other questions? Mr. Cavener. Cavener: Thank you, Mr. Mayor. Hethe, approximately how many units are going to be developed in each phase? Is it a uniform amount or -- I don't know if you have a breakdown. I may have missed that in the staff report. Clark: No. Council Member Cavener, you know, I would estimate it's approximately 60 per -- per phase. And, then, obviously, the -- the multi-family is just a single lot right now and that would come back with that conditional use permit. Cavener: Thank you. Meridian City Council Meeting Agenda May 12,2020— Page 48 of 284 Meridian City Council April 28,2020 Page 20 of 64 Simison: Council, any further questions? Okay. Mr. Borton, are you -- do you have any questions? Okay. Borton: No, sir. Simison: All right. Well, this is a public hearing. I will ask the clerk if anybody has signed up in advance to provide testimony. Weatherly: Mr. Mayor, we had eight people signed in, three of which indicated a wish to participate. The first of which is a representative of the Southern Rim Coalition and that is Annette Alonso. Simison: Okay. And I -- Alonso: I'm here. Can you guys hear me? Simison: Yes, we can. Alonso: Okay. Simison: Just ask if you could, please, state your name and address for the record. Alonso: Yes. This is Annette Alonso. I live at 2204 East Hyperdrive in Meridian. 83642. 1 actually live in the BlackRock Subdivision. So, I am here to represent the Southern Rim Coalition and if you will forgive me, I'm going to read my notes, because I think it's important that I get in all of my details. Simison: Real quick. Representing a group, you will have ten minutes; is that correct? Alonso: Correct. Yes. Simison: Okay. Alonso: Okay. I think that all of us agree that the annexation -- we are asking that be held to a higher bar and I think the question is is this development good for the City of Meridian? Can we provide all the necessary services to all the residents? The staff report points out that developments of eight to 12 units per acre are typically located around a mixed use or commercial area for employment and convenient to services and jobs and I don't know that this fits that model. There are no services currently in the area. The comp plan clearly calls for more open space and amenities and this app not only does not offer a lot of open space, but has even less than it had when P&Z asked them to go back and see if they could relocate that and I think it went from 14.66 percent to 12.3 percent. Granted this is across a main arterial way from Discovery Park, however, there is not going to be any crosswalks and no flashing signs for those children to safely cross that road to get to the park. So, there are no parks located within the one mile radius of the Lake Hazel-Locust Grove-Amity-Eagle Road area, nor is there a school for kids to go Meridian City Council Meeting Agenda May 12,2020— Page 49 of 284 Meridian City Council April 28,2020 Page 21 of 64 play, so -- in that area. So, if they are going to cross that street how are they going to cross that street safely? So, I don't -- we don't see how that that park is really going to be a lot of help as far as open space and we do realize that there is a pool area, but behind the pool area there really isn't enough space there for the kids to really do much. The open spaces that are larger are along the Farr Lateral and with that being open, I don't see how that's going to be safe for children to play -- play with the -- with the open waterway being there. We would like to see more consolidated open space, possibly move some of it around the pool or remove an existing home and turn the space into an open space on the east side of development. Maybe that existing home that's there now, we know that's not going to be developed until the second phase, we know those landowners are moving, so maybe that's an area where open space could be and that's closer to the higher density properties, rather than have it all along their lateral, which is -- I think a hazard -- a water hazard for the children and I do know that the Meridian city did state that if there was a water rescue that they would not be able to respond to the water rescue in time. That was on the -- during the Planning and Zoning meeting that that letter was written and I don't think the new letter talks about that water rescue at all. Let's see. Residents need a gathering space for the children where they should have a safe place to kick a ball or to throw a frisbee and I just don't -- we just don't see where that is along the waterway. Emergency response times are not up to Meridian's high standards of service. Granted part of this is within now the five minutes of the -- of the Fire Department, but we still don't know when that fire station will be built across Lake Hazel Road. So, we are still -- is this good enough? Are we now going to lower our standards to say, oh, it's good enough or maybe -- maybe it's not good enough. As far as schools are concerned it is crisis due to severe overcrowding. West Ada School District has chosen not to hold a bond election for the time being. Approving this application lowers the bar for the public education in Meridian. Grossly overcrowded classrooms and busing students out of their neighborhoods devalues Meridian's quality of life and devalues Meridian's reputation. Eventually those that can afford it will enroll their children in private education or move elsewhere. Both of those erodes the voter base that supports school bonds. Our schools are already nearly at the bottom of the polls nationally. The proposed schools in this area are not slated until 2024 to 2026. So, the soonest schools can be built in our area is 2024 and it will be an elementary school. The high school and middle schools aren't until 2025 and 2026, as long as we get funding from a bond. So, this development will add approximately another 200 children to the system. Ninety-five percent of the schools within a five mile radius of this development are over capacity or capped for enrollment. That's not taking into account the nearly 2,000 homes that are already approved in this area. Where do we propose to put these children for schooling? With the MDR includes R-4, why push this R-8 and R-15 and R- 40 when our schools are so overcrowded right now? How do we support this? So, I just -- I just -- you know, as far as the Southern Rim Coalition is concerned, we really think -- we believe this is a nice subdivision. It's beautiful. I think they have done a nice job, other than the open areas need to be moved a little bit. But right now it's such -- it's a detriment to us in this area to allow this to be approved at this time and that's all I have. Simison: All right. Thank you, Annette. Council, do you have any questions? Okay. Thank you. Meridian City Council Meeting Agenda May 12,2020— Page 50 of 284 Meridian City Council April 28,2020 Page 22 of 64 Borton: Mr. Mayor? Simison: Commissioner Borton. Yes. Borton: Thank you. Annette, you made -- one of your comments you stated that the West Ada Schools are at the bottom of polls nationally and I'm curious what your citation was to that claim. Alonso: Idaho -- Idaho state schools in general. Borton: Okay. Nothing specific with regards to West Ada? Alonso: No. Nothing specific. I couldn't find anything on their database. Borton: Thank you. Simison: Council, any other questions for Annette? Okay. Thank you very much. Adrienne, who do we have up next? Mr. Mayor, Christine Herwy. Simison: Christine, if you are on the line if you can state your name and address for the record. Johnson: Mr. Mayor, this is Chris. We -- I don't see her on the line, so if she is if she can raise her hand. I don't see anyone with that name. Simison: I do not see anybody raising their hand, so we will just go -- is there anybody else who's on the Zoom who would like to provide testimony on this project? If you could do so by raising your hand, which should be a icon down at the middle of your screen if you are on your computer or star nine if you are on a phone call. Okay. I don't see anybody wishing to testify and are we missing anything from your perspective, Chris or Adrienne? Weatherly: Mr. Mayor, there was just one other person signed up. That was Tara and I don't see Tara on the line anymore either. Simison: Okay. Well, with that we will ask the applicant to close up the public hearing. Clark: Thank you, Mr. Mayor. Hethe Clark. 251 East Front Street in Boise. I wanted to just respond to a couple of the -- the items that we heard from -- from Ms. Alonso. You know, obviously, this is an application that was kind of unusual in that it -- there was not a single piece of written public testimony. So, it's -- it's, you know, we appreciate any time folks come in and want -- and they express concerns and it would be nice to have those conversations beforehand, but we are -- we are happy to address those comments. First of all, as has been explained by staff and as -- as Jon Breckon showed, the city's public services, fire, sewer, water, all of those public services are at the project. It is immediately across the street from a significant city park and a fire station that as I understand, Meridian City Council Meeting Agenda May 12,2020— Page 51 of 284 Meridian City Council April 28,2020 Page 23 of 64 according to current plans, is going to be built likely in the next two to three years. Hopefully the legislature doesn't do anything to us to slow that down, but for now that's my understanding. With regard to open space and amenities, it was kind of interesting to hear those comments. One of the changes that we made to the plan after the last hearing was that the Planning and Zoning asked us to basically scatter some of the open space throughout the project. So, we in effect de-consolidated some of the -- the open space, but to be clear, we did not reduce the amount of open space and so I'm not sure where that information is coming from. With regard to density, I would just remind everyone that the density on this project, according to the Comprehensive Plan, this is either medium density and portions of it are medium high density and so that was the reasoning for the transition as we set it up was to be able to accommodate the city's planning and this project in this area was part of the city's recently adopted Comprehensive Plan. So, the densities are precisely in conformance with what the city has planned for out here. With regard to density -- or, excuse me, with regard to the ACHD street crossing question, that's something that we are actively looking at in connection with -- and we will be looking at as -- as things move further. As you know Lake Hazel is an -- as an arterial. We are looking at potential options there that could include a flashing beacon in order to get folks across. As you know, those types of pedestrian improvements require certain warrants with -- that have to be met in order for ACHD to allow that, but that's certainly something that we are investigating and pursuing and we will be looking to coordinate that with -- with our neighbors. I'm certain that that's something that the city would like to see, so that this regional pathway can make it down to the -- to the park as well. And, then, with that, you know, I -- just, again, with regards to the schools, Meridian is growing, we are going to feel growing pains. This is going to be coming online over the course of four to five years. It -- it matches the planning that the city has done, which West Ada School District is -- is doing its best to keep up with and so I don't see a reason and -- or a basis to justify turning off all development in this area or anywhere else in the city for that reason. So, with that happy to answer any follow-up questions that the Council might have. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Mr. Clark, just tell me a little bit more about the Farr Lateral. It doesn't sound like it's a canal, it's -- it's a lateral and laterals tend to be a little bit smaller in -- in size and not that deep, but there is no fencing planned for that and is that going to be future plans of landscape? What's your plan for that? Clark: Mr. Mayor, Council Member Hoaglun, we have been in contact with Boise Project about this, had a number of conversations about what we can or cannot do. You are right that it's not the full blown canal size that you might be picturing, but what we will be developing is outside of the easement, so adjacent to, and we will be putting our pathway in that area, because as you may know Boise Project is pretty controlling when it comes to what can go in within their easement. And, then, those areas around there will be land -- will be fully landscaped to meet your open space standards. Meridian City Council Meeting Agenda May 12,2020— Page 52 of 284 Meridian City Council April 28,2020 Page 24 of 64 Hoaglun: Okay. And, Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: Yeah. Mr. Clark, so, no -- no plans for fence -- doesn't seem to be a need for -- for fencing in that particular situation. Clark: Mr. Mayor, Council Member Hoaglun, because it--we can't be within the easement you are basically talking about 30 feet between the pathway and -- and the canal, so -- so, that's not the -- the intent right now. Obviously, we will be actively monitoring that sort of thing, but if you have ever been to -- for example, the -- the Tuscany Subdivision, which is where I happen to live, they have what I expect will be a similar situation there. There is no fence, you know, and the -- the pathway is actually immediately adjacent to the waterway and it's -- and it's been a great amenity for the -- for the development. Hoaglun: Thank you, Mr. Mayor. Mr. Clark. Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: I have a couple of questions for the applicant. Thank you for answering that question about the fencing. That was one of them. The other question is are you -- are you planning on -- on putting in any measures that will help keep the use of the amenity separate between the multi-family and the single family? So, I know you have separate amenities planned for each part of the project, but is there an expectation that -- that residents in the multi-family will be using the amenities in the single family area and vice- versa? Seems like they will be able to access the properties and also the -- I wanted to ask if you would address a comment that was made by the -- by Annette, who was getting testimony, regarding what is -- that there is not any mixed use or commercial existing in the area. If I remember right, I -- I thought I saw on the Comprehensive Plan that there is expected or there -- there is an anticipated mixed use community planned to the west and in the pre-application notes that were made. I think there was an encouragement by staff that you contact the owner of the property to the west and discuss what their plans were. So, can you share more information on that as well? And I can repeat myself if I threw too much at you. Clark: No. I think I kept up. So, I think the first question, Mr. Mayor, Council Member Perreault, the first question was the fence. I think we are handled on that one. Second question was the common use of the amenities. So, yes, it's intended to be an integrated development where folks are able to use the amenities throughout. That would include the folks in the multi-family. But to be clear, when we come in to do the multi-family there will be additional amenities that are added at that point. So, we are not going to have any boundaries, you know, only -- only single family detached get to use this park and only multi-family get to use another open space. It's going to be an integrated project with everyone being able to use all of the open space. But there will be additional amenities Meridian City Council Meeting Agenda May 12,2020— Page 53 of 284 Meridian City Council April 28,2020 Page 25 of 64 once the -- the multi-family comes online and as I recall I believe that is a condition of approval in addition, a belt and suspenders on all of this. And, then, with regard to the comprehensive planning, thank you for mentioning that. I had intended to mention that as part of my rebuttal piece. So, we do have the comprehensive planning for this part of the project, which is mixed use, and -- or, excuse me, medium and medium high density residential. To the west you have a mixed use -- mixed use node that covers the Lake Hazel and Locust Grove intersection. So, one of the big brown circles, if you look at the land use map, and, then, off to the east there -- at the intersection of Lake Hazel and Eagle, I believe there is also planned for commercial over there, so -- and as you know commercial follows roof tops. So, we expect that that will -- that those things will be coming online as the rest of this area develops. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: Did you -- have you happened to chat with the -- the owner to the west to discuss if there are any plans for anything in the future -- in the near future? Clark: Mr. Mayor, Council Member Perreault, we have been in touch with them. I believe it's Brighton Corporation that has that and, you know, they are planning a pretty significant development around there that would have a mix of -- a mix of uses and we have -- and we have been in touch with the current owner as well and the seller to Brighton. Perreault: Thank you. Strader: Mr. Mayor, when -- Simison: Council Woman Strader. Strader: When we are done with the applicant I have a couple questions for staff. Simison: I think -- I would just go ahead and ask -- ask those now. Strader: Thank you. One question I had just for my own education and so I can understand, can City Council provide conditions of approval for an applicant to construct a crosswalk? Is there a precedent for us doing that? Dodson: Council Woman Strader and Mr. Mayor, Council, I personally do not know if that is something that Council is able to do. I have a feeling that because it's ACHD's property that it may not be something that we can simply condition. I think Hethe kind of spoke to that a little bit about certain warrants that need to be met rather -- before they are going to allow a new crossing to be put in. I would kind of default to my supervisor Mr. Parsons on that one. He has a little bit more of the standard knowledge for that, if he's available. Simison: I will ask Mr. Nary to comment. Meridian City Council Meeting Agenda May 12,2020— Page 54 of 284 Meridian City Council April 28,2020 Page 26 of 64 Nary: Thank you, Mr. Mayor, Members of the Council. So, Joe is correct, the -- the highway district has a long term plan to widen Lake Hazel all the way from the county line all the way into Boise. So, there are phasing plans along that. That would, then, include things like islands and crossings and like -- like Mr. Clark stated, whether it be safety crossings and things like that. So, the highway district is going to dictate that and like he said, they are based on warrants of what is allowed when based on traffic data. So, I would not recommend conditioning their development on something they have no control over. Strader: Thank you, Mr. Nary. Follow up, Mr. Mayor? Simison: Council Woman Strader. Strader: So, I am sure it's no surprise to anyone -- one of the things that I'm really struggling with is the overcrowding in the school district and I don't want to have a moratorium, but, you know, at some point with the amount of units that we have approved and no funding source in sight, it feels irresponsible to me to continue approving applications without some kind of a solution and I have been brainstorming about is there a way to get the whole community's incentives more aligned and so I had a question for Mr. Nary. It seems a little bit unorthodox, but would it be possible to start conditioning applications that they could, you know, actually get their maybe final permitting or something if a bond is approved? Is that technically legally possible? Nary: Mr. Mayor, Members of Council, Council Member Strader, same -- same concern I have. They have no control over that at all. If you have a concern in regards to phasing, that may be something we could put in development agreements. Council Member Borton asked that last year of could you tie phasing into a certain time period and -- and you can. It's a tough one and we had a recent project that was in front of you that was very apprehensive in tying down to year one or year three or year five of certain improvements or certain phasing plans. That's certainly -- that's a fair conversation, especially in an annexation. But to -- to tie a condition to a developer on something they have absolutely no control over, I would not recommend. I don't think that would be upheld. Strader: A follow up, Mr. Mayor? Simison: Council Woman Strader. Strader: I think that's good feedback and I'm very sympathetic with the argument that it's not within the developer's control. I just -- I'm trying to find a better solution than just denying applications and a better solution than a -- than a potential moratorium at some point. I'm just really struggling with where we draw the line here. So, you are saying legally that is not possible. Nary: Yes. I'm saying legally I -- I don't think it's defendable. I don't know that -- I don't know of any case law that exists today that could tell me absolutely no, but I don't know Meridian City Council Meeting Agenda May 12,2020— Page 55 of 284 Meridian City Council April 28,2020 Page 27 of 64 any way a court would be able to support a condition that is completely out of the control of the other party, especially something as attenuated as a bond election, which is, again, not even in the school district's control, so -- Strader: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have another question for the applicant. Simison: Go ahead. Perreault: It sounds like that the applicant has agreed to put in a center turn lane for the section that's running across the front of the property. Is that turn lane going to, then, be -- also be used as a left turn lane into Discovery Park for vehicles that are heading east? Clark: So -- Mr. Mayor, Council Member Perreault, so -- Perreault: Excuse me. West. Excuse me. Heading west. Clark: Yeah. I was going to say -- I was trying to figure that part out. So, if -- if vehicles are heading west -- so, you're asking if there would be an additional -- if the taper essentially would extend to the city entry? Is that -- Simison: Mr. Clark, maybe we could get Mr. Barton, who is on the call, to speak to this issue, because if memory serves me correctly there is -- this -- the entrance we are referring to goes away at some point in time anyways, which I think that would be good information for the Council to hear and be aware of that for this consideration. Mr. Barton, do you remember or know off the top of your head? I see he is unmuted, but we -- we are not hearing you, Mike, if you are speaking. Dodson: Mr. Mayor, this is Joe. City staff. Simison: Okay. If you know, Joe. Dodson: I don't know specifically about the existing entrance going away. I do know that in line with Bloomerang Avenue and directly south of that there -- on the master street map there is a commercial collector planned there. So, if that -- I believe that's what you are referencing, that eventually that center access will go away and, then, there will be one on the western boundary of Discovery Park that will connect and line up with this park, which is what -- sorry -- with this development. What I have heard is that that Bloomerang and the Discovery -- future Discovery Park intersection will likely be a future signaled intersection, because it is at the quarter mile mark. Meridian City Council Meeting Agenda May 12,2020— Page 56 of 284 Meridian City Council April 28,2020 Page 28 of 64 Simison: And I think that one there that is currently the entrance, either goes to the right- in, right-out or it goes away entirely. I just don't remember which one. Dodson: Correct, sir. Yes. I'm also not entirely sure, but I do know that there is a planned commercial collector on the western boundary of Discovery Park that will line up with the collector going into this development. Clark: Mr. Mayor, I would just add to that, the only -- the only thing that I would add to that is that we are doing roadway improvements and dedications of additional right of way along Lake Hazel, so that if ACHD determined that there were a warrant, that the -- the third lane could go in as part of the ACHD approval they did not call for a turn lane into the park, but we are, again, dedicating right of way, making room for that sort of thing. So, the -- the ultimate right of way is going to be there, because you have got right of way on our side and on the city side. Simison: Mr. Barton had his hand raised. Chris, does he have access to speak? Or Adrienne. Barton: Mr. Mayor, Members of Council, can you -- can you hear me? Simison: Yes. Barton: Okay. I'm having some technology problems. Apologize about that. So, the current entrance to Discovery Park is where -- during the construction of phase two will be closed off, it will be a right-in and right-out only, if not closed all together. So, there will be a new collector installed -- constructed on the east side of the park property, which also includes a signalized intersection. So, I think it was our desire that--that pedestrians would move across on the multi-use pathway that you see in phase four or the sidewalk connection along Lake Hazel and, then, get to that signalized intersection to a ten foot wide multi-use pathway and, then, down into the park from there. So, as far as the timing of all that, that's a little bit up in the air, but the long term plan is pretty specific on how to get people across the street and safely into the park. Simison: Thank you, Mike. Council, I'm just going to weigh in for your consideration on one element, because I have had quite a few conversations about south Meridian and lack of infrastructure in this area and I -- and -- and the Council -- and the presenter early on labeled this as an in-fill project. I'm not going to disagree with that assertation, but I will say that one of the important things from our parks -- with my conversations with our Parks and Rec director is the pathway connection. Because there are no sidewalks or road improvements in this area, especially along Lake Hazel, along with Locust Grove and there will be some on Eagle, but this -- this project is really the connection point for many of our communities in South Meridian to Discovery Park and I say that in the context of even with this alignment that we are talking about, the importance of getting the pathway built earlier in the project, rather than later, will provide a safe connection point for this in-fill project for the rest of the people that live in south Meridian. So, I know the applicant has requested not to do that early on, but I think that's an important Meridian City Council Meeting Agenda May 12,2020— Page 57 of 284 Meridian City Council April 28,2020 Page 29 of 64 consideration for this area, if we are going to consider this area being open for development from this perspective, that connection is an important one to make sooner rather than later. Apparently my dog agrees. Dodson: Mr. Mayor, Members of the Council, may I make a clarification? Simison: Yes, Joe. Dodson: Thank you. I -- on the open space question that came up from Annette from the South Rim Coalition, the reason the numbers have changed is because at the time of Planning and Zoning Commission the applicant had added all of the parkways in as qualified open space and with further discussion with me, there are certain areas that they are not meeting the one per 35 for the tree requirement in the parkways because of ACHD drainage beds along the right of way. Now, rather than try to piecemeal that additional area back into the calculation, the applicant and I discussed just removing it from the qualified, but it has been added into the overall open space, which is why that number is actually higher. So, it's 16 percent like I stated and, then, the qualified technically dropped to 12, but that does not include all of the parkways and most of the parkway is qualifying throughout the development and would be added to that qualified open space. So, that's one comment there. And, then, when it comes to large open space, they--they absolutely did not reduce their open space by swapping that land, they just -- they moved the same amount of square footage from the open space area in the southwest area along the Farr Lateral and put that open space more centralized. I believe it's Lot 7, Block 7, on the preliminary plat and, then, move that buildable lot from that lot back over to the open space area on the left there. So, if you wanted to clarify that, that the applicant has not decreased their open space in any way and truly has more than what their qualified open space calculation shows, but wanted to be as -- as transparent as possible. Thank you. Simison: Thank you. Clark: Mr. Mayor, if I could. Simison: Sorry. They have taken away my ability to see who is speaking. Is this -- Clark: Yeah. Sorry. It's the applicant. It's Hethe. Simison: Okay. Yes, Hethe. Clark: Just in -- in response to your comments, like it -- that makes a lot of sense and so as -- as you were talking we were kind of brainstorming over here. You know, we do want to see that connection. We are just trying to avoid throw away construction and so, you know, maybe one -- maybe a compromise position could be that the pathway would be opened up, it would be graded, put in with -- or maybe an interim surface, maybe it's a gravel surface for now, and, then, it gets landscaped and paved with the development of the -- of the particular phase. And, you know, maybe -- maybe that's something that could Meridian City Council Meeting Agenda May 12,2020— Page 58 of 284 Meridian City Council April 28,2020 Page 30 of 64 address the -- you know, the larger -- the Council's concerns and still help us avoid some throw away on that side. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would like to speak to that. I -- I would like to see whatever -- if -- if the Council considers that proposition the applicant just made, I would like to -- it to at least be ADA accessible at a minimum, but also I'm wondering if it would be possible, based on how the -- the -- this is phased, to -- to allow the applicant to put the pathway in -- in some phases and not all four at the outset. So, for example, in phase three, the green area, I don't know that that path would be used by anyone, because none of the properties to the north and to the west currently are developed or -- or I guess, then, the applicant -- I would like to ask the applicant if -- if that really doesn't help them solve the problem. Simison: While -- while we are waiting for the applicant, the one area that I -- phase four doesn't make a lot of sense to me to be built for the pathway -- or the pathway component of phase four until that part is there, because even if you complete it up to the roadway, you provide the access point out. Again, I don't -- I don't have the maps, I don't know where the rest of it goes from that standpoint, but I will -- I don't know where the connection goes into or out of the subdivision to the north. Clark: Mr. Mayor, Council Member Perreault, so the -- I think that the Mayor makes a very good point and that was something that I intended to raise before, is the that -- there will be that access down on Bloomerang that would allow folks to go out interim to the -- the phase four being developed. I think that the -- the issue on the phase three areas, again, just trying to avoid the throwaway, so we would like to put in an all weather surface. Council Member Perreault, I would have to investigate what -- whether we could do that short of a paved pathway, but there will be -- let me -- let me just say that if you look -- and I don't think I have control anymore, but if you look at Brace Street and the connection on the north -- let's see, Chris, do you have -- yeah. So, if -- the -- the pathway does come -- or the sidewalks do come down and there would be an access from Brace -- from the --the connection point near -- near the BlackRock Development and, then, folks would be able to come down Brace and down Sashay into -- into Bloomerang as well. So, there -- there are other ADA accessible alternatives through there with the sidewalk development as it comes in. And just to clarify, so that what -- what I think I'm saying, Council Member Perreault, is that this -- this portion would be paved and, then, allow you to come into the street and, then, we would -- we would pave this with the rest of -- with -- as those lots come online on the backside. Dodson: Mr. Mayor and Council, this is Joe again. Simison: Yes, Joe. Meridian City Council Meeting Agenda May 12,2020— Page 59 of 284 Meridian City Council April 28,2020 Page 31 of 64 Dodson: I would just like to add that staff does have some concerns with waiting until certain phases to put this in as well, only because I don't see how we would lose the construction of the pathway if it's in an easement. That -- that easement would be out of the, you know, line of development for the multi-family. So, adding that connection should not be an issue, because it's already going to be in an easement and separated from the multi-family. So, I just wanted Council to be aware of that. I do understand maybe the portion to the west and around the western boundary, because that's a later phase, understood that -- I can understand that being built at a later phase, as well as the interior portion being built with a later phase, but if we are interested in that connection it's going to be in an easement along the lateral already. I don't see how we would lose that. Hoaglun: Mr. Mayor, question for -- for Joe. Simison: Yes. Hoaglun: Were you referring to -- in phase four that -- that easement there where the multi-family is planned in the future? Dodson: Yes, sir. Council Member, yes, that is what I'm saying, that is -- that should -- as you can see along the lateral there that would be its own easement. So, the multi- family development, no matter if it came on first or last, it shouldn't disturb that, because the pathways are required to be within easements. Hoaglun: Okay. I understand. And, Mr. Mayor, to follow up with -- with what you were saying, to make sure I fully understand, we could require this pathway along the green segment to the north and to the west and, then, as it swings around to the east, go in first with the first phase one and make it a gravel surface and, then, with phase one, Bloom -- what was that Bloomerang would -- would be constructed as part of phase one. So, that pathway around the northeast -- or northwest and south side would be there along with the phase one street coming out and, then, they could cross over to the park and that's why, Mr. Mayor, you are saying there is -- there is no need for -- you didn't see a need for the phase four pathway at this time? Simison: That -- that was my viewpoint. Yeah. I think so long as you -- if you get people to the street, then, I don't know that the rest of it gets you anywhere else at this point in time. Hoaglun: Okay. Simison: Because they have got to continue on the south, that doesn't go into the park, you know, from that perspective. Parsons: Mr. Mayor? Hoaglun: Thank you. Meridian City Council Meeting Agenda May 12,2020— Page 60 of 284 Meridian City Council April 28,2020 Page 32 of 64 Clark: And just to add to Mr. Mayor's point, you know, there will be streetscape improvements, sidewalk, all along the -- the front of -- of Lake Hazel to help facilitate that and to go with Joe's point, there is -- there -- there will be an easement. We are more than happy -- I mean the -- the reservation of the area for the regional pathway shows on our pre-plat. There is no intent to -- to -- to in any way interfere with that. The only question is the timing of the improvements to the pathway and what do they look like on an interim basis. Parsons: Yeah. Mr. Mayor? Simison: Mr. Parsons. Parsons: Just to -- to elaborate on some of the context here and we will just let the commission -- remind the commission of kind of what -- what this -- how the city is trying to process these applications and previously. So, certainly to the east of this project we have the East Ridge development, which is under constructed -- under construction and it has a first phase completed. With the development of that project we required all those streetscapes along Lake Hazel to be installed with phase one. In this particular case I don't see that as a condition of approval for this project. So, even if the pathway doesn't go in until phase four, the commission -- or excuse me -- the Council should at least consider having the streetscape improvements go along Lake Hazel with phase one, because that would tie into the adjacent subdivision to the east and get some of that landscaping and some of those pedestrian facilities in place ahead of the rest of the phases of the development. That would provide an access point to the park in the future at that signalized intersection. I think you had a good point, Mayor, as well. When you look at the phasing plan that the applicant's laid out, they are also extending a stub street that was constructed with the East Ridge development on the east boundary and that will also tie into Lake Hazel, which will provide that internal connectivity to the adjacent subdivision. So, I think with phase one we have great pedestrian connectivity from South Ridge, Sky Mesa, through local streets to get to the park. I think that makes a lot of sense. To consider that also -- maybe even considering requiring the Lake Hazel improvements with phase one to get that infrastructure in ahead of any other development on the site. Thank you. Simison: Thank you, Bill. Clark: Mr. Mayor, the -- I spoke with the development team just now and we are in agreement with doing those Lake Hazel street improvements -- improvements with phase one. Simison: Thank you, Hethe. Council, any additional questions for the applicant or staff at this time? Okay. Then I will sit here and wait -- Cavener: Sorry. I was on mute. I'm sorry. Simison: Councilman Cavener. Meridian City Council Meeting Agenda May 12,2020— Page 61 of 284 Meridian City Council April 28,2020 Page 33 of 64 Cavener: I did have a question for -- for -- for the applicant. Hethe, the city attorney talked a little bit about limiting the amount of -- of buildings that could be built in a certain phase or over a -- you know, a certain year. Have you and your client had a chance to discuss that and do you have an opinion on that one way or another? Clark: Council Member Cavener, Mr. Mayor, the -- the problem with that -- and I have been -- I have -- I have seen that in some other projects, but in those cases we have added a date certain when -- you know, for example, Owyhee High School was coming online. We know -- you know, we know exactly when it's coming online. Can we hold off on permits until then and in -- and I -- and I have seen other -- in those instances holding off, because you knew exactly what you are dealing with. In this case there is no such date certain. In the meantime, we know that -- that plans are in place for these -- for additional capacity to open up. Meridian's growing, it's going to push the capacity of these schools, and that's -- that is the -- the nature of a successful -- successful community. Any -- you know, the problem I have with that, Council Member Cavener, is just that any -- any deadline you put on it is going to be, A, arbitrary and, B, beyond our control and so that's why I just -- I don't feel like that's something that I can commit to. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Yeah. Mr. Mayor, Members of the Council, Council Member Perreault has sent an e-mail that was sent to her to the city clerk from Ms. Alonso, but this is the concern of having these online is people sending in things in the middle of a public hearing. Ms. Alonso has indicated, so you should be aware, because it's part of the record, it says we can access the easement on the southwest side of BlackRock Sub to the green phase three area. So, I just wanted you to be aware of that she sent that to Council Member Perreault, who properly sent it to the clerk to make sure it was part of the record. I just want to make sure you all heard it. Simison: Yeah. And thank you, Bill. That -- that's what I thought was the case, but I -- I couldn't verify that anywhere in -- Nary: Yeah. Simison: -- looking at maps. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If there is no additional discussion, I move we close the public hearing on Item 6-D, H-2020-0009. Hoaglun: Second. Meridian City Council Meeting Agenda May 12,2020— Page 62 of 284 Meridian City Council April 28,2020 Page 34 of 64 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. Public hearing is closed. MOTION CARRIED: ALLAYES. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would be happy to kick off the discussion. Simison: The floor is yours. Strader: I, unfortunately, do not feel good about approving this application tonight and I am saddened that I am in that place. I think the transitions between density and this project are good. If the Council approves it, I would urge everyone to condition it on the pathway and the frontage. Just where I'm at, we have a school district and particularly in this area of our city that is incredibly overcrowded. We have already approved at least hundreds of units that are going to be adding to the population there. There is no funding source that West Ada has identified that they want to put forward anymore to expand and build new schools and I'm very sympathetic with the applicant and I do not believe this is a truly in-fill project. I believe there are shades of in-fill, if you will, and this is at the outskirts of Meridian and because of the overcrowding in the school district I -- I don't think it's a responsible thing to do to continue adding students when we are so dramatically overcrowded and I feel bad that that's where I'm at, but I think at this point it's irresponsible to add fuel to the fire of what's going on in West Ada and they can't keep up with us and I just -- that's the reality that I'm seeing. So, that's my opinion. Simison: Thank you, Council Woman Strader. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I understand Council Woman Strader's concerns and this is a struggle every time that we have this situation, which is not -- which is in nearly every area of Meridian, but this area is very specifically being hit exceptionally hard and I wonder if it wouldn't be wise for us as a city at some point to identify specific areas where we are going to be more cautious, I guess, about -- about new development and that -- if that is a conversation for another time, then, let me know that. Obviously, we are not going to discuss it specifically right now, but it begs the question of are there -- are there school boundaries, whether it's Sienna or Hillsdale or certain -- certain elementary schools and maybe specifically Victory Middle where we have to have a discussion about those land use applications differently from others in the city. So, just wanted to throw that out there. It's not for this application, but I think it is something that -- I think we are going to continue Meridian City Council Meeting Agenda May 12,2020— Page 63 of 284 Meridian City Council April 28,2020 Page 35 of 64 to struggle with this scenario unless the city takes -- takes our approach on it one step further. So, as far as this application goes, I feel like the applicant has done an excellent job of presenting -- addressing concerns by staff and addressing concerns by the Commission and I appreciate that they have had answers for everything that we have asked of them this evening. That doesn't always happen. So, thank you and kudos to them for doing a great job with their presentation. Simison: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just -- I think Council Woman Perreault had touched on something that I think that's important for us to be looking into here in the future, whether it's us as a Council meeting with the school board again or you, Mr. Mayor, meeting with school officials to find out with the delay in -- in the bond issue what does that mean, what does that do, what pressures does that put on. I think that's important information for -- as we look at future developments and what the impacts are and where they are, I think that would be good information. For this one in particular, it's -- it's -- it's -- it's well done, it meets everything that we have asked for in our Comprehensive Plan and the -- the developer is -- is doing things that have been requested that makes it a quality development. It will have an impact. Those students when they get there, if schools don't come online when people think, there -- there may be busing to other schools. And, unfortunately, I have a long history here, having grown up in Meridian, that has happened for a long time. It's -- it's not a new phenomenon. It's probably more in a wider area, because we are -- our footprint is much bigger, but as I mentioned before in a hearing, when my son was going to middle school and was going to be shipped off to Eagle Middle School and we live right here off of Ustick Road, you know, it's one of those things you have to deal with it. There has never been -- schools have never come in advance of the growth. It's always been after. It's just like the comment that the commercial follows the roof tops. Unfortunately, it's -- it's the same with our-- with our schools and I wish it wasn't that way, but like Council Woman Strader, gee, is there something we can do to figure this out and sometimes it's just -- it's just not there and we just have to try to live with it to the best of our ability, but at the same time I think if we -- we can get some feedback now with what we know for this coming year on the bond issue, that will help us down the road as we look at some other applications, but I'm good with this -- this -- this application, probably with doing a gravel pathway in -- in phase one on that phase two portion. Simison: Okay. Yeah. I'm not going to -- I am going to tie this a little bit back to our conversation we had at the 4:30 and I'm not going to say that there is general consensus on whether or not this is a priority growth area for our city or not, but I think -- I think that the questions that are raised are -- are very valid and if Council doesn't want to grow in areas because of school issues, we should let that be known as -- and not -- and take our -- these areas out of priority growth areas from staff's perspective. At least throw that in for food for thought. I don't have a vote and I will say that probably on every application Meridian City Council Meeting Agenda May 12,2020— Page 64 of 284 Meridian City Council April 28,2020 Page 36 of 64 1 ever get to speak on from the standpoint, but I personally have struggled with this one, the application -- in terms of what it offers and how it's doing it, but struggling with the overall timing for this with the great unknowns. And, quite frankly, you know, I don't think that we are going to get anything more from the school district with conversations, in my opinion humbly, begging to redraw the boundaries for the district wide to help alleviate some of the overarching overcrowding issues in south Meridian, but I don't know that they are willing to take that step as the body. So, I think that that does go back to Councilman Hoaglun's comments that, you know, people should just be cognizant that if these are approved they could be potentially bused to other areas and I think that in this case that's not a bad component, because there are no elementary schools within a walking district -- or walking boundary to the school. So, the people in this subdivision are going to be more than likely bused to any school that they go to. Would we like it to be the closest one? You bet. Would their parents like it? I'm sure they would. But that's probably not the reality. It's not -- it's not the same situation. So, you know, that's just food -- food for thought and my perspective, but it's -- it's got the pluses and minuses being on the fringe of our community. Yes, they -- or it's a five minute fire response time, that's stages one, two and three do not on that perspective and stage four is the one that will be built last. You know, I could talk further about my viewpoint on Discovery Park and why at least from my perspective I'm not having that move forward right now from our Parks and Rec for phase two, because there is not adequate infrastructure in south Meridian for roads or otherwise, but this project helps bring some of that infrastructure that we need in order for -- to get people safely to that. So, plus and minus all around. You want to do three and three, I will be happy to weigh in and do a vote, but I don't know how I will go. So, love to hear your comments further. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I thank you for -- for sharing that. I think you made some really great points and I -- the -- the concern for me is that, you know, we are always trying to balance the big picture with the individual application and it's hard for me to say to any applicant, this applicant or another applicant, that we -- that we would deny their application for this one factor and not make it clear to all of the public that if -- if this one factor is -- is a primary issue for us, that we would deny any application that did not -- I mean I think we have to make it really -- we have to make it fair, we have to communicate to the public that we are no longer considering applications in a certain district or a certain area because -- because of the schools and -- and I just -- it's -- I'm having a hard time, I guess, justifying having this response to this applicant when we approved other applications that -- that also would -- would create additional overcrowding. I'm struggling with that and it doesn't have to do with this application specifically, it's just -- I feel like the city needs -- or could do a better job of communicating to our public overall that if an application comes in this district that we are going to have to very -- we are going to have to take the school district crowding -- overcrowding as a very serious component to the decision. I hope I'm -- I'm clearly explaining myself. Meridian City Council Meeting Agenda May 12,2020— Page 65 of 284 Meridian City Council April 28,2020 Page 37 of 64 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I -- I really appreciate that comment. It feels like this has come up -- at least for me as one of the driving issues. In most of applications you have looked at I think for me the -- the new piece of information that I'm kind of putting into my decision making process is that they are not moving forward with the new bond to build additional schools and, you know, I would welcome a future meeting to talk about that very topic, because I -- my fear is that the number of units already being delivered far overwhelms the capacity and I am struggling to understand where students could even be bused to from a macro level perspective. So, I would love to have that conversation personally in the future. I just -- I need to draw a line in the sand and it's -- it's clear to me that at this point it's irresponsible to approve additional applications on the outskirts of our impact area with this level of overcrowding. That's where I'm at. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A couple of thoughts. I -- I appreciate the good commentary tonight and I think some of you are wrestling with the same challenges that I wrestled with when I -- I get really apprehensive about priority growth through, quote, unquote, priority growth areas and what that means for areas that might not fall within that category. Each application we should be vetting on its -- on its own merits and the value that it brings to the community, the quality of product and how it serves our citizens. I think like all of us we are always concerned about how an application is going to impact something we don't have any control over and that being the school district and Council Member Hoaglun hit the -- hit the nail on the head. I was that student. I just lived in the same house and I went to three different elementary schools and was bused six miles away from my home because that's where the capacity was. So, that's -- that's part of our school district's DNA and while it sometimes can be inconvenient for people who are moving in new to a neighborhood, I think that's -- that's okay to set the expectation and the Mayor is spot on, the school district has a great mechanism to solve this and redrawing the boundaries. As I recall, the school year began with the district having capacity for I believe a thousand more students than -- than what they had in the school. So, while we see overcrowding being impacted specifically in the south side, as the district they have got capacity for students, it's just a matter of allocating them the appropriate way. When I look at this application on its own merits, I -- you look at the total number of students and for me the phasing plan was always the critical piece, because if we are going to dump this many students right away, I think that's really really challenging. When you look at the phasing plan over four or five years, you are looking at it as 30, 40, maybe 50 students to be added between three schools a year and at least with the schools right now that's presented, most of those schools can handle that amount of students. So, generally I'm supportive of the application. I think like many of you I went back and forth about the right elements of the application, how it's going to impact our southside residents, but, honestly, I think Meridian City Council Meeting Agenda May 12,2020— Page 66 of 284 Meridian City Council April 28,2020 Page 38 of 64 we all can agree this is a -- this is a high quality development. This is something that is, you know, many of our citizens are going to be proud to call home. I love the -- you know -- and I sometimes am a little challenging about multi-family, but I really like the way that this is all built together to build a strong community. It's a place that I would be proud to call home and, like I said, overall I'm supportive of the application. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I haven't spoken a lot tonight and I wanted to listen and to see what my -- my fellow Council Members' opinions were. I -- if I'm remembering correctly, this was the -- this -- this application was presented to Planning and Zoning the first night that we did virtual meetings and so I was online watching just to make sure that the virtual meeting went okay. It did. It went well. But it's no -- it's no coincidence that Planning and Zoning Commission had the same issues and topic discussions that we are -- that we are discussing this evening. For good reason, too. I mean this -- this subdivision checks all the boxes. It's -- it's well done. It's well planned. It truly boils down to a couple of issues that I deem to be important as well. Schools overcrowding. I get that. I share the sentiments with -- with Councilman Cavener in regard to this. The school district -- you know, I don't -- I -- they know what they need to do, they just need to do it, and I don't know if it's -- I don't know if a future meeting with them will do anything about that, to be completely honest with you, but I have a lot of respect for -- for the trustees. They are -- they are all friends and they do a great job and I know and I have great faith in their -- in their decision making processes. They have some big decisions to make going forward. And so I -- I have waffled all evening long. The Mayor made some excellent points. Council Woman Strader's made some excellent points. Everyone -- everyone's made some -- some great points that have helped in this -- in this decision making process. I think I stand in favor of this -- of this subdivision of this project as -- as of right now, so -- but I appreciate the discussion. It was respectful and it was well done. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: If I might kind of bolster your argument about our -- from our work session, you are -- what you say about our areas of growth that are priorities, we need to let people know -- and I think other Council Members, you know, echo that point, that, you know, we have got to give them a heads up. We have got to -- they are -- they are trying to plan ahead and they look to us, so we have to make sure we are very clear about where we are going and to that point I think that's why south Meridian is developing like it is as quickly as is. I mean signs are -- have been there for several years with the annexations that the city has done, the building -- building a regional park. We are planning a fire station. We encouraged the YMCA to build in south Meridian. Those were all things -- Eagle Road's being widened. Those were all things that were done in the past that sent signals to them to say, hey, this is a priority area. This is where we are going. So, now Meridian City Council Meeting Agenda May 12,2020— Page 67 of 284 Meridian City Council April 28,2020 Page 39 of 64 that we are dealing with this dilemma and with the schools, I think it's incumbent -- and you -- you told us earlier let me know -- we need to speak now and let people know is it going to be this area, is it this area, so while it's kind of independent of this particular decision right now, I think those are good words. We are really going to have to look at that map again and say, okay, are we really going to grow here and make sure people understand where our priorities will be. So, we just -- we just can't send out signals that, oh, we are doing this and, then, you know, a few months later we -- we change our mind, that -- that's tough on everybody involved, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just one piece of information that I -- that I think would be helpful, that I am -- that I am not totally understanding. I think I heard some good data for Mr. Cavener, but I just don't feel like we have a good grip on what the picture looks like for the whole district. Like I don't feel like we have a good grip on the capacity that they have. I think for the number of developments that we have approved to date that are entitled, it looks like we will double their available capacity and I don't understand the phasing of that. I do know that these schools are really overcrowded and that's kind of why I -- you know, I'm -- I'm struggling with it, too. If I felt like, hey, these kids could be bused some where and I knew where they were going to be bused to and that there was a plan for that and that there was capacity, I think I could get on board with approving this application knowing that all the people buying these houses are going to know that and their kids are going to be bused, but I don't feel like I have that information and if I had that I might -- I might feel differently. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I keep hoping that I will hear developers say that they had a lengthy conversation with the school district and they had all the answers when they come to present before us, but it's not happening, but perhaps our planning staff could encourage them to do so -- could encourage them to have those conversations and maybe they already do, I don't know, but my hope is that since we cannot require the school district to take any course of action, that the community would -- would encourage them to do that and I know they do get a lot of public comment from individual parents about specific schools, but I'm also hoping that at some point the development community will come along and also encourage the district to be making these decisions, because it is affecting them as well and so any of the -- oh, Iooky there. Any of the developers that are listening please don't hesitate to call the district and share what you are hearing from us about the concerns we are having with approving these projects. Simison: So, just kind of not related to this application, but maybe it gets us to a point in time where at least we can go on record. We could do a letter to the district asking them Meridian City Council Meeting Agenda May 12,2020— Page 68 of 284 Meridian City Council April 28,2020 Page 40 of 64 to, please, review boundaries district wide to open up capacity in the areas that will be our high growth areas to allow for -- to make sure they are maximizing their spaces and allow for these issues to be addressed since -- you know, it's something that we could consider doing. You can take that offline for a different conversation, but that is that. And while I'm reading the tea leaves, if I were to be put in a position to vote this project up or down, it -- my -- it would be contingent upon the pathway connections being completed in phase one completely, except for the area that would be in phase four. I think, you know, if we are going to -- if we value the connections that this will make to the rest of the projects, you know, I -- you know, completing the pathway on the edge of development in the first phase is just a throw away cost and I actually view a gravel pathway being built in phase one more of a throwaway cost than the other stuff, but it at least provides connection to other -- others easily that would meet the standards and quality that we would expect. But that's only if you need my vote. If you don't need my vote feel free to do whatever you would like. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, then, I would like to make a motion to close -- did we already close the public hearing? Yes. Oh, my goodness. We have been talking so long I don't even remember if we did. Good grief. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, I have had a few technical difficulties to say the least here, so bear with me. I'm now down to the cell phone. But I have tracked the discussion and to cut to the chase, it's a project that I'm supportive of. I have walked through from the comp plan to the UDC to how this plan -- this project meets the elements and the direction that we provided to the community to what should go here and I thought that the fire service reconciling made sense. It was good to hear. I thought the transitions, plus the diversity within the project, and the phasing all made good sense as well. I think the Mayor's suggestion with regards to the pathway is the best amongst the options to have phase one, two, and three, the pathway for those three phases to be completed within phase one and to -- and including the -- the applicant's commitment with regards to the -- to the pedestrian connection on Lake Hazel -- Lake Hazel improvements as well. I thought that was good to hear. I think the conversation with regards to the school district is much larger. It's -- we have been having it for decades. It's just -- it's systematic of the manner in which we fund school construction in the state of Idaho. We will -- we will chicken and egg that conversation for a long time. It's a real one, but I think it's an unfortunate structural flaw on how we fund our public school buildings. So, I -- I'm supportive of it. I think it hits -- hits all the right points to be going forward. Cavener: Mr. Mayor? Meridian City Council Meeting Agenda May 12,2020— Page 69 of 284 Meridian City Council April 28,2020 Page 41 of 64 Simison: Councilman Cavener. Cavener: A question maybe for Council or Council Member Strader. I got a good sense about where I think this is likely going to go, but I'm also most supportive of unanimous decisions by our Council. I don't know if the Council would support a continuance for a week to allow questions from Council Member Strader to be at least sent to the district to give them an opportunity to respond. I just want to make sure that we are doing everything we can so that each Council Member has all the information available to them to render a decision. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I don't think it's necessary. I love to have unanimous decisions, too, but I don't mind sticking up for the decision that I have made. I believe it's the right decision. If I see information in future applications that shows that the school district has enough capacity for a pro-rated absorption of the units that we have already approved and I know that, you know, students can be bused somewhere without dramatic overcrowding, I probably will make a different decision, but the information that I have on the applications that we have approved ourselves and the overcrowding in this district, it is a logical conclusion that these schools will be incredibly overcrowded. I would love to talk about that letter, I think that would be great, and I like this project. So, I feel sad that that's the place that I'm at. Our developers have united with our community to crush the curve and do things about COVID-19. 1 -- I think that our schools overcrowding has reached a level that we actually need a communitywide solution and I hope to see that. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, I will take a stab at this. After considering all staff, applicant, and public testimony, I move that we approve H-2020-0009 as presented in the staff report for the hearing date of April 28th, 2020, with the modification that the pathway that was to be planned in all -- in phase one, two, and three be included in phase one and that will exclude the phase four pathway from being done in -- in phase one and that the Lake Hazel sidewalk and any landscaping improvements that are typically required by the city and ACHD would also be put in in phase one for this project. Bernt: Second. Simison: I have a motion and a second. Is there any discussion on the motion? Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council Meeting Agenda May 12,2020— Page 70 of 284 Meridian City Council April 28,2020 Page 42 of 64 Borton: Does the motion also include keeping the Farr Lateral open? Hoaglun: Oh, yes, Councilman Borton. Mr. Mayor. Yes, we would keep the Farr Lateral open. Thank you. Simison: Does second agree? Bernt: Second does agree. Hundred percent. Simison: Okay. Is there any further discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, nay; Perreault, yea. Simison: Motion passes. MOTION CARRIED: FIVE AYES. ONE NAY. Simison: Thank you to the applicant and Annette for their testimony. I'm going to ask Council would you like to take a ten minute break at this point in time and reconvene at -- a 13 minute break, reconvene at 8:40? (Recess: 8:27 p.m. to 8:41 p.m.) E. Public Hearing Continued from April 21, 2020 for Lupine Cove (H-2019-0133) by Penelope Constantikes, Riley Planning Services, Located at 4000 N. McDermott Rd. 1 . Request: Annexation of 7.09 acres of land with an R-8 zoning district; and, 2. Request: Preliminary plat consisting of 28 building lots, 7 common lots and 2 other (common driveway) lots on 7 acres of land in the R-8 zoning district. Simison: I will call this meeting back to order and with that we will move on to Item 6-E, a public hearing continued from April 21 st, 2020, for Lupine Cove. H-2019-0133. I will turn this over to staff for comments. Parsons: Thank you, Mr. Mayor, Members of the Council. Before I get into my presentation this evening I wanted to at least just share some information with the Council on this particular application. As you are probably aware, you see that both staff and the Planning and Zoning Commission have recommended denial of this specific application. After the Planning and Zoning Commission, the applicant contacted staff and made some revisions to the plat based on some of the discussion that occurred at the Planning and Meridian City Council Meeting Agenda May 12,2020— Page 71 of 284 Meridian City Council April 28,2020 Page 43 of 64 Zoning Commission. I would let the Council know that the Commission did not recommend the applicant revise the plat prior to the City Council meeting, so staff went ahead and prepared some findings based -- or, excuse me, some recommendations based on what transpired at the hearing and we came forward with their recommendation for denial based on the original application submittal. Last week we had determined that the applicant failed to post the site and we could not open it up to hear this information and so this project was continued to tonight's hearing, so that the applicant could actually request this project to be remanded back to P&Z, so that they can have Commission act on the revised -- have staff revise the staff report and have the Commission forward on a -- hopefully a positive recommendation of approval, rather than the denial that's before you this evening. So, I wanted to pose to the Council tonight whether or not they wanted me to at least present the project as presented and as heard by the Commission or was it the Council's desire to have the applicant speak on behalf of the remand and determine whether or not they -- the Council would want to remand back to P&Z without having to hear this application this evening. I would caution the Council on remanding this back to P&Z for a couple of reasons. One, as the Council is aware, we do establish fees for particular applications. Our recommendation and our analysis is based on the product that's presented to staff. The fees that we collect for that work is put into our staff report, put into noticing the project and move forward to the public hearing. What I have seen over the last year or so is applicants meet with staff to give comments on how to make the project better. Sometimes they take those comments and change the plat and sometimes they don't. Staff goes through the project and, then, the Commission -- it gets to the Commission and the Commission may not -- may side with staff, they may not, and, then, they want to take their chances with Council, because they are the decision making body on -- on these types of applications and so what happens is people are trying to circumvent the Planning and Zoning Commission's recommendation or they are wanting to go back and get it remanded back and have Commission take action on the application without paying another application fee and so in this particular case the applicant has paid over 5,000 dollars in application fees to bring this project before you this evening, although it's not the recommendation that they wanted to get from staff or the Planning and Zoning Commission. So, again, they are asking that you remand it back to P&Z with some renoticing fees of 183 dollars. If it is remanded back, then, staff does not collect additional fees, we have to prepare a new staff report and, then, go forward with new public hearings based on that 183 dollar fee. But I just wanted to give you some of that context as you take this in -- under consideration and I'm looking for your direction as to whether or not you want me to proceed with tonight's hearing or have you take action on the applicant's request to remand this back to P&Z. With that I will stand for any questions. Bernt: Mr. Mayor? Simison: Mr. Bernt. Bernt: Mr. Parsons, did you say that this was a substantially different project from -- from what was originally presented to P&Z? Meridian City Council Meeting Agenda May 12,2020— Page 72 of 284 Meridian City Council April 28,2020 Page 44 of 64 Parsons: It is. Yeah. Absolutely. The revised plat has taken into account repositioned open space -- I don't want to go in too much of the details, because, again, we haven't analyzed it, but, yes, based on some of those discussions the applicant has made those revisions and neither the Commission, nor staff has analyzed the proposed changes. Simison: Thanks. So, Mr. Nary, are there any concerns from you or what should the Council be aware of from a process standpoint? Nary: Mr. Mayor, Members of Council, I mean I -- I have had this conversation with Bill as well and, obviously, we should see what the applicant's position is, but it is concerning when -- when -- when you -- when a project gets remanded, when they have been denied by staff, denied by Planning and Zoning, they, then, redraw it completely and, then, ship it back to Planning and Zoning and that puts a lot of burden on the Planning staff without any fees being collected on behalf of the city for the additional work and time that's being put in. So, I -- one suggestion I had made last week in this conversation was that we should consider in the future if there is a remand that there be additional fees attached to it for this very reason, because it can get very time consuming for that. Again, these are not minor changes. As Bill stated, it wasn't something that was requested by P&Z, which you have seen on occasion where they have --they have made direction on what changes need to be before it gets to you. They didn't do that here. So, it really is your call. But I mean I think they will at least want to raise the point to that the city is really the one expending the time and effort and cost of reanalyzing this, because the applicant wants to change their project now after it's been denied at staff and denied at P&Z and there is a cost to that and that's what you should be aware of. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To that point, if it's re -- it could be remanded back and staff expands the time to do the analysis or if the application gets denied, it can, then, get refiled after a time period and the staff is still subject to expending hours reviewing what the new filing might be. Nary: But in that scenario, Council Member Borton, they are paying the fees for that. In this case they would not. Borton: I -- Mr. Mayor? Simison: Councilman Borton. Borton: I didn't -- I didn't have -- to weigh in the equities I didn't have a concern in -- in contemplating remanding this one. I can't recall -- it's pretty rare when this scenario occurs. It seems relatively unique. I don't think we have been caught missing fees too often. If it's a couple times a year that wouldn't surprise me. The fact that we returned over three million dollars back from the development services fund, I'm not as concerned that missing recapturing those fees is really problematic. It just seems -- sorry, it seems Meridian City Council Meeting Agenda May 12,2020— Page 73 of 284 Meridian City Council April 28,2020 Page 45 of 64 a bit silly to proceed on the application that the applicant doesn't know what to do, to go through the mechanics of perhaps denying it and that doesn't really accomplish anything. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Actually, I do have a concern. I feel like we have -- you know, we have done this on a couple of other things, like the daycare, and I think every time that we are waiving the customary fees that we are usually charging we really are running the risk of, you know, not recouping staff time, et cetera, for working on these applications and -- I mean it's -- it's the developer's decision to move forward with what is, essentially, a completely new project. I -- my preference would be to deny it and have them start the process -- unless it adds a -- a different time frame component to the process, I think that's the piece I would like to understand. Simison: You know, just -- just from my perspective, I would suggest we separate -- not to worry about the cost at this point in time, just to focus on whether or not you want to move this project forward or not. We can have a separate conversation about whether or not a remand fee is ever appropriate. But which project would you like to hear or not hear right now I think is the question. Bernt: Mr. Mayor? Borton: Mr. Mayor? Oh, go ahead. Bernt: I -- I think what we should do is remand it back to Planning and Zoning, give them an opportunity to look at it and deliberate on it, contemplate it, and, then, have them recommend something to us in the future. I think having a discussion at a workshop or, you know, at a future City Council meeting in regard to a remand fee certainly like -- like this is appropriate. I don't think it happens very often, like Mr. Borton said, so -- but I do believe it is a conversation worth having. So, I would recommend -- if it's what the applicant is wanting, I believe that we should remand it back and have them -- and have P&Z take a look at it. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The question of timing and it goes back to Mr. Nary. I think if you have an annexation application that's denied, aren't they prevented from reapplying for a period of time? Nary: Mr. Mayor, Members of the Council, yes. The process is a year unless it's substantially different. So, if it's substantially different they can reapply next week. Meridian City Council Meeting Agenda May 12,2020— Page 74 of 284 Meridian City Council April 28,2020 Page 46 of 64 Borton: Okay. Got it. Strader: So, Mr. Mayor? Simison: Council Woman Strader. Strader: I guess I would be concerned -- very concerned about a time frame like that. So, if we could -- if remanded -- as long as it goes through the same process of review, because it's starting over, basically, with a new approach -- I just want to make sure that's -- and I don't know the details, but I just want to make sure we are not like skipping a piece of the process that we wouldn't normally do. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of Council -- and Bill Parsons would probably be more accurate on this than me. I think the only parts you would be missing in this -- in a remand, there would be no neighborhood meeting. So, it would get reset for a new hearing. That would get noticed -- published notice, signs, and postcards. So, that level of notice will be done. The pre-application piece of the neighborhood meeting would not need to be done again. Bernt: That makes a difference. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. It looks like from the staff notes that when this came before the Commission there was nobody in opposition and there was no written testimony submitted. So, I have less heartburn about -- about -- about that, since it wasn't done the first time, and if it's -- if it's a redo -- and if they didn't care the first time are they going to care the second time. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In the letter that the applicant sent that was a response to the staff report, the most recent response they sent a few days ago, they stated that they were happy that the Commission made the recommendations that they made and they thought that this second project was superior to the first one -- or I shouldn't say second project. The revised -- the revised elements were superior to the original elements in the -- in the plat and the overall site plan and that they were appreciative of the comments that were made and they are -- they are happy that the Commission requested those things. So, I don't Meridian City Council Meeting Agenda May 12,2020— Page 75 of 284 Meridian City Council April 28,2020 Page 47 of 64 know -- I thought I heard Councilman Borton say something along the lines of maybe the applicant isn't happy with -- with the application, wouldn't want to proceed. Maybe I misunderstood him. But they indicated in their letter to us that they were happy with the requested changes. They did make them and that letter describes the requested changes that they made -- change -- changes requested by the Commission and at least from reading that letter I feel like they appropriately and thoroughly responded to all of the issues that the Commission had brought up. So, as I was reading through the project file I felt comfortable that I could make a decision on it this evening, but I don't know the other Council Members thoughts on that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: If I could ask Bill Parsons to weigh in. I think you had something in your staff report about what the applicant has asked that -- that it be remanded back to the Commission; is that correct? Parsons: Mr. Mayor, Members of the Council, well, yes, I had a -- I had a motion if you wanted it to go back to -- to P&Z, if that was the desire of the Council, but I want to make it clear to Council Woman Perreault that, you know, the recommendation that came from staff and Planning and Zoning Commission, there are no conditions of approval in this staff report. It's -- even if Council wanted to approve the revised plans it would have to be continued for staff to bring back any conditions of approval for you to even submit the revised plan. So, at this point in time we are going off of what we were asked to do from the Planning and Zoning Commission was to bring forward a recommendation for denial, which means there are no conditions of approval. There is nothing -- even though the applicant's shared their desire to change the project based on the deliberation and discussion at the hearing, it was no -- the Commission did not recommend the applicant revise the plan prior to City Council hearing and staff to update the staff report based on the revisions of those plans and that's why when she and I had communications I said you have two options, you either request a remand back to Planning and Zoning Commission or you go forward, have the Council deny your application, and you come forward with a new application based on what Mr. Nary had testified earlier to that it was a substantial difference from the previous plat and she could do that next week and, then, pay all new fees and start it all over again. Either way she needs to start it all over again and just determine -- just -- what I'm asking of the Council is if that's your desire this evening to do that, you have that ability to do that, but I just wanted to bring it to your attention that there is a cost of doing that. We have to start over. She has to pay 183 dollars. Sorry, Mr. Mayor, about bringing up the dollar amount, but there is a fee associated with that and we start the process over and we do a strikeout-underline in the staff report and analyze the plot -- plat just like any other project. So, it is a redo. Either way it's -- it's starting over from scratch. And as Mr. Nary alluded to, there is no requirement for a new neighborhood meeting and, Councilman Hoaglun, you are correct, there was no one that testified in opposition. I looked at the public record before the hearing tonight there are no public comments. So, I mean it was -- they are out -- for all Meridian City Council Meeting Agenda May 12,2020— Page 76 of 284 Meridian City Council April 28,2020 Page 48 of 64 intents and purposes they are out on the fringe with this particular development and that's why some of the things that I brought up in the staff report and some of the things that we shared with the applicant was why we had come forward with the recommendation for denial. But, again, I don't want to go into all the semantics. What's on -- what's on -- what's before you right now is whether or not you want to move forward with the denial this evening or remand it back to P&Z. Simison: Mr. Nary, do we have to open the public hearing or take public testimony for us to entertain a motion from Council to remand back in P&Z right now? Nary: Mr. Mayor, yes, you would have to open the public hearing and at least make sure that applicant puts on the record that that is their request. Simison: Okay. Bernt: Excuse me. Simison: So, Council, would you like me to open the public hearing, have staff bypass their description of the project, and go directly to the applicant? Okay. Then with that open the public hearing continued from April 21 st, 2020, for Lupine Cove, H-2019-0133 and we will ask the applicant to please comment. Constantikes: Mr. Chair -- excuse me. Mayor and Council Members, Penelope Constantikes. I'm representing the developer of Lupine Cove Subdivision and we would like to be remanded back and have another conversation with Planning and Zoning Commission. Like the Council Woman mentioned, we feel that a lot of really positive changes occurred as a result of P&Z Commission on this and I think we have a better project than we started with and I don't know that it's been substantially changed. I might bicker a little bit with Mr. Parsons on that, but the applicant would -- would be happy to go back to Planning and Zoning Commission, we would be happy to pay the renoticing fee and I would be happy to answer any questions you have. Simison: Thank you, Penelope. So, with that, Council, do you have any questions or do we have any motions on this topic? Bernt: Is there -- Mr. Mayor? Simison: Councilman Bernt. Bernt: Is there a specific date you would -- that this would -- this can be remanded back to Planning and Zoning? Nary: Mr. Mayor? Simison: Mr. Nary. Meridian City Council Meeting Agenda May 12,2020— Page 77 of 284 Meridian City Council April 28,2020 Page 49 of 64 Nary: Mr. Mayor, Members of the Council, Council Member Bernt, I would just -- I would just direct a remand if that's your desire. They will have to figure out on the schedule where it fits and, then, do all the proper noticing after that. So, picking a date certain here isn't necessary. Cavener: Mr. Mayor? Simison: Mr. Cavener. Cavener: Thank you, Mr. Mayor. I think Bill said he had a proposed -- proposed continuance language or remand language. Did I hear that correct, Bill? And, if so, would you be willing to share that. Nary: I think you meant Bill Parsons; right? Cavener: Yeah. I meant Bill Parsons. Thank you, Mr. Nary. Parsons: Yes. Mr. Mayor, Members of the Council, I did. As part of your hearing outline I did -- under possible motions I did have remand back to P&Z language that said -- I picked June 18th for the purposes of the Commission to review the revised plan, staff to update the staff report and review the revised plans and that the applicant pay the renoticing fee, so -- Borton: Mr. Mayor? Simison: Mr. Borton. Borton: Is there more discussion or are you -- Simison: The only other question I was going to ask Mr. Nary is do we need to ask -- take any public comments, since the public hearing is open on this topic? Nary: Mr. Mayor, Members of the Council, you don't need to take other public comment if your desire is to remand, unless somebody has a concern about remanding it. I guess you could check with the -- if anybody's signed up. Simison: Asked the clerk if anyone signed up. I only see one person who is not city staff who is potentially on this meeting at this point in time. Weatherly: Mr. Mayor, no one signed up. Simison: Okay. Then with that I would be happy to entertain any motions from Council to close the public hearing and motion beyond that afterwards. Borton: Mr. Mayor? Meridian City Council Meeting Agenda May 12,2020— Page 78 of 284 Meridian City Council April 28,2020 Page 50 of 64 Simison: Mr. Borton. Borton: Move we close the public hearing on Item 4-G, Lupine Cove, H-2019-0133. Bernt: 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: ALLAYES. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: As requested by the applicant, I move that we remand file number H-2019-0133 back to Planning and Zoning Commission and to be heard on the June 18th, 2020, P&Z Commission meeting for the reasons to allow the Commission to review the revisions to the plans as proposed by the applicant and as part of that remain the applicant shall pay the notice fee of 183 dollars. Hoaglun: Mr. Mayor, I will second. Simison: Motion and second. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. Thank you very much. MOTION CARRIED: ALLAYES. F. COVID-19 Update & City Hall Reopening Plan Simison: With that we will move into Item 6-F, COVID-19 update and City Hall reopening plan, and I'm going to turn this over to -- I guess Chief Niemeyer. Niemeyer: I will take that. Good evening, everyone. It's good to see you again, even if it is virtual, and I sincerely hope you and your families are doing well during this time. I do want to provide a high level update of what we have done as a city to this point, how we are moving forward, and, then, take any questions afterwards, which I'm sure you will have some, so I want to leave some time afterwards for questions as well. I do want to just thank the Mayor for his leadership. I know when -- when he was elected this was not the vision. I know we have new Council Members. When they were elected this was not the vision. And even for our city and council members, this was not the vision of what we would be doing right now. So, I certainly want to applaud everybody's efforts. I just want to thank the director team, behind the scenes some of the things you don't see. They are working hard every day. They meet three times a week to make sure as a city we are doing the right things and that our departments are healthy. The morale is good. They Meridian City Council Meeting Agenda May 12,2020— Page 79 of 284 Meridian City Council April 28,2020 Page 51 of 64 have the equipment they need. They are doing a terrific job. Our public safety folks, our first responders, police and fire and our water and wastewater folks, we get updates three times a week on how they are doing and the morale is good in all those departments. They have the PPE they need. We have readily available testing for our first responders. I know it's been a question often on the policy group meetings. So, spirits are high and we continue to provide service to the community. Some other back -- backside things that you don't see every day, the policy group that the Mayor sits on meets twice a week on Mondays and Fridays. That's made up of all the elected officials across the entire Treasure Valley. They get updates on those calls from the health directors for both Central District Health and Southwest District Health and they also get updates from the hospital CEOs of St. Luke's, St. AI's, and West Valley and if the CEOs can't join they get updates from the staff. So, information is flowing freely as far as our current situation and, then, where we are going moving forward. I know certainly this crisis has caused isolation fatigue. That's a real term and I think at times we all feel it. I know I certainly do. And thank you, Robert, for calling me the chief again. I really appreciate that. I can't wait to get back to doing it. But along with isolation fatigue we know it's caused economic hardship for both individuals and businesses. It's caused some crisis in our homes with mental health and some of those other issues and so we are certainly aware of that and doing everything we can to develop plans that help with those needs. From a standpoint of where we are at today, you know, crush the curve came out and we have had a lot of conversations with Dr. Tommy Ahlquist and -- and that group that -- that brought that forward and the goal of that was to increase testing. We don't have a lot of data, so when we talk about this particular pandemic -- and I think I have mentioned this before in previous updates -- we are in uncharted territory. There is no playbook that we can pull off the shelf for a pandemic of this magnitude to know exactly how to move next. So, it's collaboration with our agency partners, both locally and statewide. It's the partnerships and engagements we have on a national level. I know Robert and Dave and myself have been on a few of the White House briefing calls where we get updates nationally on where we are at with PP, et cetera. So, we are moving forward in collaboration. But to give you an idea of where we are at today, I reached out to Kim Link, who is the Central District Health epidemiologist, and she gave me some numbers that puts this into perspective. Now, granted, Central District Health covers four counties,Ada, Boise, Elmore and Valley. I can tell you as of this morning Boise county had no confirmed cases. The data I'm going to share covers the remaining three counties, Ada, Elmore and Valley. On March 29th we had 304 new positive tests of COVID, beginning that week of March 29th. Beginning the week of April 19th through those three counties we had 51 new cases. So, the term crush the curve, I can safely say from all the health expert information we get and data points, the curve has been crushed. Now, our job collectively moving forward is to keep it down and our plan should be built around keeping those numbers down as best we can using a phased and planned approach to do it. We are in daily contact with the Health District Director Russ Duke and his staff working with him. We are in daily contact with the Ada County Emergency Operations Center, as well as what we call the Treasure Valley Multi-Agency Coordination Group. That is made up of first responders, health experts from across both counties. We know in the Treasure Valley we have a lot of cross-county commute and commerce and gathering and so collectively working together we want to make sure that we are looking at data points similarly and together. As Robert Meridian City Council Meeting Agenda May 12,2020— Page 80 of 284 Meridian City Council April 28,2020 Page 52 of 64 alluded to earlier, we are still waiting for the governor's next announcement. We have read through and analyzed his Idaho rebuild plan. We have compared that against the presidential document that came out several weeks -- a couple weeks ago and, then, we have compared the Idaho rebuild plan to our city employee and city services plan as we move forward. But we do need to wait and hear from him on whether this next approach is going to be through orders or whether it's going to be through guidance. That really will make a difference in how we approach city specific services in our employee group. But as I mentioned, we have built a four phased plan. It's very methodical, very well thought out. It's been thoroughly vetted through the director team, through the Mayor. We have run this plan by the health district. We have run this plan by some of our key business leaders to get input and they all feel that this plan is very well thought out in its approach. You know, speaking of Tommy Ahlquist, he has actually used our plan as a template for others that he talks to as a way to get services back and to bring people back into society from the stay at home order. Again, we will wait for the -- for the governor to give his direction. Moving from our phases in our city plan we will rely on data and that data point can be found in the Idaho rebuild plan and it's really based on three criteria. One is what they call syndromic, meaning low numbers of symptomatic individuals and that will be gauged by emergency room visits. The second point is epidemiologic. That will be low numbers of confirmed cases maintained. And the last data point that we will be looking at is our healthcare system. Do our hospitals have the capacity to manage the COVID patients. And speaking with the hospitals, their numbers are very low right now. Their ICU bed capacity is good and their ventilator capacity is good as well. We want to keep it that way. That's the goal. Something worth mentioning here -- and we have been talking to the directors about this as well. We are seeing low numbers right now as we head into summer. We want to see it maintained through summer, but we have to be aware and vigilant that come late fall, the months of November, December, January when the weather turns cold, we need to be prepared for a phase two of this virus. It doesn't mean it's going to happen, but I think everything we have done to this point has taught us a lot of lessons learned that we can take and prepare for the fall with and bring back. A quick update on the Fire Department. You have heard about the COVID rapid response vehicle. There was one in Boise and one in Meridian. The one in Meridian was staffed by our Station Six crew, along with one paramedic from Ada county. They responded specifically and only to COVID-related calls. They have shut both of those units down. The call volume now is very low because our numbers are very low. We learned a lot through that. We were able to maintain flexibility and if we come in the fall and we see a rise in cases we can bring those units back on to, again, respond only to COVID patients. I mentioned the PP status. We are doing very well with PPE. Those doors are opening up even further through many grants that are now out there. In fact, there is so many grants and vendors that are contacting me daily I can't keep track of all the opportunities out there. We still have some shipping delays with some of the PPs, but as of right now our supply is very good and we have enough to get through the next three to four months in a very healthy manner. So, with that I'm going to open it up to questions. I think that's going to be better. Happy to answer any questions on the four phased approach for our city employees. The other thing I forgot to mention and Council President Bernt already mentioned it. We have been working with the chamber as just help and advisors. We are not leading this effort. The business community is leading the effort and they are Meridian City Council Meeting Agenda May 12,2020— Page 81 of 284 Meridian City Council April 28,2020 Page 53 of 64 doing a great job, but we want to make sure as a city that they know that we are here to help them in any way we can. So, it's been a great partnership. Council President Bernt, if you want to speak to that anymore, I think you already -- you are free to. Bernt: Yeah. It -- Mr. Mayor? Simison: Councilman Bernt. Bernt: It's just a fantastic opportunity for business leaders to get together to discuss ways in which we can make sure that when businesses open that they do so in a healthy manner. Taking it one step further, we are creating webinars that health officials will do, along with Chief Niemeyer, small business leaders, maybe Tommy, that will -- will do webinars where businesses can learn and sort of get into the weeds on what -- what it looks like to open up and do so in a healthy manner where they can communicate and do the right thing. It's been such a popular thing that Boise's chamber has reached out to us and we -- our marketing campaign is such that other municipalities and chambers can use what we have done fairly easily. We are doing this in conjunction with crush the curve and it's -- it's just been fantastic. It's been great to talk with other business leaders -- leaders in our -- in our community who are concerned and provide them resources and solutions to their -- to their concerns. So, we want to keep it short and simple as far as guidelines are concerned, but these webinars will help different businesses learn what they need to do in order to be successful. Simison: Thank you, Councilman Bernt. I just want to thank Treg for his leadership in this area. Him taking on this role and working with our business community has allowed me to stay focused on working in the larger issues -- larger and smaller. The reopening of City Hall, as well as working with our area partners from that standpoint. I appreciate him and, obviously, Chief Niemeyer, he's been involved at all -- all of it on all aspects, providing the guidance and input and some feedback. The only thing I would like to add -- I know you all got an e-mail which kind of outline some of this, but just so it's on the record so the public can hear, it is our intention to reopen City Hall and the Police Department to the public on Monday, the 4th. We will have employees there from 8:00 to 5:00, but we will be open to the public from 9:00 to 4:00. That's our intention. That gives us an opportunity to make sure the space is clean before people come in and after they leave. Extra time for our staff to be able to handle that. We have made some investments in terms of additional filtration for the buildings that we have employees in. These are based on some of the recommendations that have come out, so we have incurred some additional costs. The other part, why we are talking about money -- and I'm going to lean to somebody and I'm still trying to understand what this truly means -- is we were appropriated through the federal package over three million dollars for COVID-related expenses. Now, you can hear by our numbers I don't think we could spend that money even if we tried in issues related to COVID. You know, this -- this is through the year and so who knows what we will -- could experience in the future, but we have received a fairly large amount of money compared to what I would say is our -- a very small amount of money that we have expended to date on COVID in comparison. Chief, do you have anything you want to add to that? Meridian City Council Meeting Agenda May 12,2020— Page 82 of 284 Meridian City Council April 28,2020 Page 54 of 64 Niemeyer: No. Thank you, Mayor. I was going to just leave the time for -- for questions. I think that's time better served is to answer any questions you all might have about where we have been and where we are going. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for Chief Niemeyer. The crush the curve was advocating testing and there is a lot of push for -- for testing and a lot of people are getting tested, which is -- which is a good thing. Gives us more data and information. But one of the things I have not been able to find yet and maybe you can answer, is when the media reports that, you know, yesterday there were 30 some new cases of COVID-19 in the state of Idaho, which is a low number compared to what it used to be, but I don't know, are those brand new cases or are they cases that -- where someone, yeah, may be asymptomatic, but they thought they might have had something and they tested and, yeah, you did have it, is that counted as a COVID case and could be part of that? How much is it new -- new cases that are coming up every day, as opposed to someone got tested and, yes, at one time you did have it? Niemeyer: Councilman Hoaglun, great point. Right now the only data being shared publicly through the state would be testing done by what's called PCR. PCR is -- is the nasal swab that you see in all the news media reports. So, to answer your question, every time a new positive test result happens that gets reported as a new case. What we don't know and what's not consistent is how much time it took the labs to process that case. So, knowing exactly when that person was positive is a little bit more challenging. The crush the curve -- you have heard about antibody testing. I won't go too far into the weeds medically, but -- but to give everybody an idea, the antibody testing has two components to it and, really, what we are looking for is antibodies and at this point that's more of a -- just a data collection standpoint. So, hopefully, that answered your question, Councilman Hoaglun, with regards to new tests that we are seeing throughout the state. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: And to piggyback on what chief said, those -- the results back from at least the crush the curve results on antibody tests have been like really, really, really low. Super low. And so they are not -- they are not testing very many people that are coming up with antibodies. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Meeting Agenda May 12,2020— Page 83 of 284 Meridian City Council April 28,2020 Page 55 of 64 Strader: I'm wondering, you know, about -- and I -- I guess we have another agenda item to talk about City Hall specifically, so I don't know what time is appropriate, but what kind of training we are planning for our employees in the city as they are coming back to work, just to educate people about -- like the protocols of social distancing and how we are going to do things now. Niemeyer: Mr. Mayor, Council Woman Strader, great question. Thank you. We are going to be doing a couple of webinars this week -- later on this week to educate employees online of what our plan is. The plan has been sent out to all employees. The directors are in contact with their employees. We are taking for the first two weeks anyway -- two to three weeks a very cautious approach and making sure that our city employees are safe and healthy. We will be doing employee health screenings every morning as they come to their facility. That's temperature checks and just asking a few questions on how they are feeling. Totally aligned with the CDC guidance. So, again, we are leaning on the health experts to -- to advise us how to move forward. The air filtration has already been mentioned. We have had face coverings -- cloth face coverings made, so every employee will be given a face covering to have at their disposable -- disposal -- not disposable. Disposal. With washing instructions -- everything that we can do we -- believe we have thought of to create a very safe and healthy environment for our employees. Strader: Mr. Mayor, a couple follow ups. Simison: Council Woman Strader. Strader: If we start to see spread among our city employees is there a benchmark or a plan in place of how to handle that? Niemeyer: And, again, great question, Council Woman Strader. Not -- not only with our city employee group, but -- but with our GIS folks collectively, with Boise, Ada county, city of Nampa, along with the health district and their data folks and their epidemiologist, we are building a dashboard where we are going to be able to track daily changes with regards to COVID, with regards to hospital admittance, with regards to ventilator usage. This won't be publicly facing at this point. This is for policymakers to be able to track how we are doing through each phase, so that we know do we need to move into the next phase, do we need to stay in the current phase, are we seeing a significant rise in cases where we may need to step back a phase. So, I think that data is very important as we analyze how we continue moving forward. Strader: So Mr. Mayor? Simison: Council Woman Strader. Strader: And, then, I guess just a -- maybe another follow up. One concern that I have -- I have expressed to the Mayor directly is as we are thinking through our policies and how we are trying to handle this, like one of my concerns is just that like life is messy and Meridian City Council Meeting Agenda May 12,2020— Page 84 of 284 Meridian City Council April 28,2020 Page 56 of 64 there could be people that don't technically fit into some of the categories that we are talking about. Like, you know, a city employee might not be eligible for FMLA because they have another caregiver at home, but let's say that their child is like severely immunocompromised or that we can have people that fall into -- into categories that just don't quite fit and so I think one thing I'm looking for as we handle it as a city -- certainly first responders are in a different category, unfortunately, but do we have a way to handle exceptional cases that fall outside of the typical parameters that we are setting forth in the new policy that we are looking at? Niemeyer: Sure. I can -- I can jump in on that and, then, if -- if the Mayor wants to follow or if the Mayor wants to lead. Simison: I was going to maybe reference Crystal. I see she's on the call. This one gets a little bit into the telehealth remote work policy a little bit, but, you know, I guess I'm going to start by -- from my perspective, you know, we have tried to create a policy driven approach to how we fairly treat all the employees the best way that we can, which includes following the guidance -- or the federal law that has been put in place that really identifies what as an employer we are required to do, which is what you passed last week, as it relates to these issues. There is some elements which are guidance that we are looking towards and, you know, from my perspective it -- I'm open to additional circumstances after people have utilized all the -- all the remedies that they have at their disposal under policies. If -- if they are not willing to utilize the policies to try to address their issues first, then, you know, finding those extra circumstances are a little bit more problematic for me just to put them into those categories. So, Crystal, I don't know if you want to speak to any of these elements. Ritchie: Thank you, Mayor. So, yeah, as the Mayor mentioned, we are taking a policy driven approach. We are listening to our employees. We are listening to the concerns that they have. Certainly as this progresses and as we navigate through this concern and these issues -- now, next week, through the next month, several months, we will continue to meet as a leadership team to see if we need to implement any type of exception or continuity of operations based on current stage and run those through the leadership team, as well as with the Mayor, for discussion. So, we certainly have things that are available to us, but at this point in time based on the information that we have, based on the information that Chief Niemeyer is explaining to you, under the direction of -- and guidance of the experts that he's working with, the approach that we are taking now feels like it's the appropriate approach. It's a policy driven approach. It does give flexibility to employees with needs and we always have the ability to look at a case-by-case basis. So, we are not limited to only the policies that we have, but we are pointing to those policies at this point in time. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Meeting Agenda May 12,2020— Page 85 of 284 Meridian City Council April 28,2020 Page 57 of 64 Strader: Thank you. That's helpful. I think -- I totally agree with that approach being systematic and consistent, but it is reassuring to know that -- I mean this is an unforeseen thing that's never happened for us before; right? This exact circumstance. And it is reassuring to know that if there is an extenuating circumstance that we have not thought of or that is different, that there is technically discretion so that helps reassure me. I guess my only other follow-up question was just if we see spread, you know, within certain departments, that each department has like a plan. Niemeyer: I think, Mr. Mayor and Council Woman Strader, to that point one of the pieces of our -- of our four phase plan is that if we do have an employee test positive, we are asking that employee to contact myself as the central point of contact, to, then, do contact tracing. If you look at the plan, either the president's plan or the governor's plan, there is discussion about contact tracing. That's really catching it early, reaching out to the people who may have been exposed to that individual and in getting them in self quarantine, so we don't see a spread like what we were starting to see back in March. The health district has a very very robust contact tracing plan. We got briefed on that. It's a three step plan. They have surge search capacity built into their plans. So, I'm very comfortable and confident in the level of contact tracing that can go on if we start to see cases on the rise. Strader: Thanks so much. Simison: And I'm going to take a little bit of liberty, chief, and you can cut me off if I go too far, but, you know, really based on what we are seeing from the data now is the time to go back to work for our employees and other things and unless we get to the -- I don't know that we could get lower unless we have a vaccine in place and a vaccine, unknownst as to when it may or may not be available, you know, being in a prolonged state for our employees is not a good thing and that's one of the things that we are really going to caution our employees, while they do have federal hours that they have been provided through the rest of this year, right now may not be the best time, even though they may have concerns. It's a long year and the cases -- numbers out in the community, in our opinion, right now really -- I would caution any employee to think twice about using that time now. Now, if you have got childcare concerns and, you know, your daycare hasn't reopened and you don't have a solution, that's what it's there for and we have got a plan to get employees through the end of May, which is when they normally would, in theory, had their childcare issues and I -- and I -- I was in communication with one of the West Ada trustees earlier and I think that the direction they were headed was to not reopen the schools for the remainder of the year. I don't know if they officially took that action, but that was the recommendation of staff. So, we will have people that maybe have to experience that through the rest of the May, but at the same time our police officers, our firefighters, our Public Works staff, they have been dealing with this for the last seven weeks, you know, where they have had to address these and they don't have the work from home options that many of them in our office environments have had. They have been -- they have been having to navigate this. So, it's just going to be an employee's individual decisions based on what they are afforded, along with the directors trying to meet the operational needs and the hopeful finding a way to still provide all the services that our residents expect from that standpoint. Meridian City Council Meeting Agenda May 12,2020— Page 86 of 284 Meridian City Council April 28,2020 Page 58 of 64 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: We definitely need to get back to work. I'm just noticing that Councilman Borton really needs a haircut. It's just getting to shaggy. It's great. Simison: Fair enough. Well, Mark -- Mark is going to stay on the line. I am going to just transition real quick and if this brings up more questions, but in your packet you did have a proposed city policy that's been put together regarding remote work. So, while we have been working remotely, we have not had a remote work policy for the city. This is something that when I first got elected Dave Tiede and I talked about the need to get something put in place. It just happened a little bit quicker than we anticipated. So, the policy that is put in front of you is meant to be a long-term policy for the city and it's not just about the immediate needs for today. In fact, I would even say it maybe doesn't go far enough if we were just talking about for today. But we brought forth a policy that we think makes sense for the city. It -- it starts off -- and I think one of the key things is we are really looking about allowing identified positions the opportunity to work 50 percent of the time remotely. Why 50 percent? Well, we thought that's a good starting point. I don't think -- I don't think we are ready to go full on from remote work for people. There is still that element of interacting with your fellow coworkers which has value. Fifty percent also allows our departments to open up with only 50 percent of the people working in any given day if they were all eligible for remote work. So, it allows us to help space -- we would be socially distant within departments in a way that makes sense if the departments and the employees want to do that and I think that's the key part. This policy is set up for it to really be in an employee initiated process. They have to have the tools and the resources in order for it to be effective -- in order for them to effectively work from home. So, we are not mandating anybody work from home. It's something that they need to say I would like to do this and I would like to do it under these parameters and, then, they have to prove to be effective in their ability to do it. So, this -- the policy also has potential long-term benefits to the city. If we do get a significant amount of people working remotely it can help solve some of the parking issues we have in downtown and around City Hall where we have fewer people at any given point in time, even if it's just a ten percent a day reduction in our workforce from -- with people working at home, it has a benefit from that standpoint. Does -- obviously it comes with some challenges, you know, with -- for our IT, but I don't think it's anything that they don't think that they can handle. I will let Dave respond if there is any specific questions, but when we get into the procedures element, the one thing I want to point out is Item 11 . It does provide the continuity of operations in situations such as this. It's important to note, though, it requires either an order from the governor, Central District Health, or an emergency declaration. So, really, that -- that in order for employees to -- to potentially work one hundred percent -- say they -- we identify over 65 who really doesn't fall under the FMLA elements of the federal law, you are over 65, you are high risk, we think you should work from home. Well, the section -- the Item 11 in the procedures really gives that ability that if the emergency declaration is not extended, then, that provision goes away. So, that's just one of those little nuances. It's much like the -- the social distancing ability that I have under the current ordinance, you Meridian City Council Meeting Agenda May 12,2020— Page 87 of 284 Meridian City Council April 28,2020 Page 59 of 64 know, it all keys off of that. You need to be in an emergency declaration for these elements to apply for continuity of operations or other reasons for someone to work full time that may not be in a position that we would normally identify as a work from home position and with that I will be happy to stop, answer any questions, and as we got Crystal, Mark, and Dave on the line to answer hopefully any questions you may have further. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of Council, I just wanted to add one thing. Today the pack -- the item that was in your packet on Friday, we added one additional line to it at IT's request. It just says that on the use of equipment that employees can't check out things to take home. So, if you read the other parts of the policy they are supposed to use whatever assigned equipment they already have if -- to work from home. They can't take home computers and things, except in the emergency case. So, Mr. Tiede wanted just to make it clear that, again, checking out stuff isn't -- isn't an option in the work from home on a regular basis. So, just one additional line there that you may not have seen. Simison: Thank you, Mr. Nary. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question on -- up in the top portion of it it talks about remote work shall not exceed 50 percent of the employee's regular work -- weekly work schedule. So, is that based on a week -- so, if an employee work -- can work remotely two days a week they have to be in at least three days or two and a half -- does it go per week or is it like you can work two weeks remotely and two weeks every day at City Hall. How does that regular weekly work schedule, how -- how is that defined? Simison: For simplicity, we have defined it as a week from that standpoint. So, if you are doing four tens you could work two days from home two days from the office. If you are doing otherwise, then, it's, you know, up to two and a half. My guess is what you are really looking at is a policy that allows people to work from home for up to two days a week. You know, that would be my guess in terms of how it would be applied, but we could do for COVID purposes if a department wanted to set it up where they have one person in the office from Monday until Wednesday at noon and, then, they bring in another person from 1 :00 to 5:00 o'clock on Friday, you know, you split it up 50 percent with each of them in that fashion. You reduce your amount of people in the building at one given time. So, those are the -- that's what it's intended. Hoaglun: Thank you. Cavener: Mr. Mayor? Meridian City Council Meeting Agenda May 12,2020— Page 88 of 284 Meridian City Council April 28,2020 Page 60 of 64 Simison: Councilman Cavener. Cavener: No questions. I'm good with it as proposed. I really trust you and your team will continue to evaluate and if we need to make further changes that we will do that. I just -- I'm sure all of Council feels this way, just a word of thanks to you and to Dave and our IT team and really all of our employees. Our staff really scrambled. We are kind of -- we are building this airplane as we were flying it and, you know, I was really apprehensive about the approach to close down City Hall, the concerns it would impact on our citizens and from my perspective we have been able to meet their needs and in some cases exceed it and I just wanted to commend you and all the employees for doing a great job during this time. Simison: Thank you. Yes. So, they all have. And as we move forward we are still going to message to the community, you know, remote interaction is the preferred interaction and I -- we -- myself -- I can't speak for everybody, but I don't think that we expect to see a lot of people come into the City Hall over the next week to two weeks as people still are trying to figure things out. So, it will be measured, but we will be open. Cavener: I have got a chocolate bar in my office. It's calling my name, so just saying. Simison: I will be there tomorrow, so maybe it won't be there after tomorrow. Council, any further questions or comments? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I will just --for you or Treg on -- still planning on doing Council meeting remotely next Tuesday? Bernt: We are going to do it forever. We have got this dialed down. Chris has it dialed down. Simison: Mr. Nary, would you like to speak to what the governor has clarified for us? Nary: Yes. Mr. Mayor, Members of Council. So, the governor still has maintained the portion of his order that does not require public meetings to be held with the public present in the room still. That's at least through the May 25th. So, that would carry us through the entire month of May. I don't know if the government will issue any additional orders, but our recommendation will be to continue with these at least through the month of May. We had our meeting with our Commission over the last week and so -- and going into May and they have been pretty seamless and with no -- no hitches or problems. Hoaglun: Well, Mr. Mayor, I just happened to see a reference to the Boise city council meeting tonight meeting at City Hall. Now, it was the news media, they could have gotten Meridian City Council Meeting Agenda May 12,2020— Page 89 of 284 Meridian City Council April 28,2020 Page 61 of 64 it wrong, but it -- I kind of was taken aback by that, because I thought, well, they will be meeting at City Hall, but -- so, it could have been erroneous reporting. Simison: I'm -- based upon what I know from comments from their leadership, I would be surprised if they had a public meeting with public people in the room in city hall. Bernt: Noway. Simison: Yeah. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just want to echo everybody's comments. I appreciate your leadership and what everyone's trying to do to pitch in to keep services seamless and do the best that we can to adapt. You know, people are stressed out, the public is stressed out, it's been really hard on people and I appreciate that you guys are doing the best that you can and you have our support. G. Resolution No. 20-2208: A Resolution of the Mayor and City Council of the City of Meridian to Amend the City of Meridian Standard Operating Policy and Procedure Manual by Creating a New Policy 2.10 - Remote Work Policy; and Providing an Effective Date Simison: Thank you. With that I would be happy to entertain any motions related to Item 6-G, so we can get to bed and get in the office early tomorrow. Nary: No earlier than 7:00. Strader: Mr. Mayor, I move that we approve Item 6-G. Hoaglun: Second. Simison: Have a motion and a second to approve Item 6-G. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. Thank you very much. MOTION CARRIED: ALL AYES. Item 7: Future Meeting Topics Meridian City Council Meeting Agenda May 12,2020— Page 90 of 284 Meridian City Council April 28,2020 Page 62 of 64 Simison: We have reached Item 7. Anything under Item 7? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I guess the topic either-- if we end up having a special meeting or for potentially next week, I, like probably all of you, got communication from Republic Services that the unlimited collection is delayed. It would be great to get an update from staff and, again, if this can be done via e-mail that's fine, about what our plans are around that. My hope is that it's -- it is delayed and not canceled and we can get some communication out to our citizens about when we plan to do this. Simison: Yeah. It is delayed and not canceled and part of -- there are things they actually had not even advertised to the community from that standpoint, but we can have an e- mail sent around notifying people of what the dates are. I just don't remember what they are off the top of my head. But they have a proposed revised week. Cavener: If we get started -- Mr. Mayor, if we could have them communicate that out, then, too, I think that would be helpful. Simison: Okay. Strader: Mr. Mayor? Simison: It's targeting first week of June. Council Woman Strader. Strader: Just a future topic. I would appreciate us just having a discussion about a letter to go to the district about potentially redrawing their boundaries and getting an update on their overall districtwide capacity by school. I just feel like I need that information going forward on development applications, particularly in south Meridian. Simison: Okay. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I was also going to mention that, but I would like to add to Council Woman Strader's request that we get any information that the district might currently have on projects that they are working on to expand classroom sizes or -- you know, a lot of the -- the small projects that they have done, whether it's adding portables or planning on, you know, adjusting their current facilities, that they include, that there may be schools that are -- that are -- have more capacity coming before the next bond is passed that we are not aware of. Meridian City Council Meeting Agenda May 12,2020— Page 91 of 284 Meridian City Council April 28,2020 Page 63 of 64 Simison: Okay. Bernt: Mr. Mayor? Simison: Council Woman Bernt. Or Councilman Bernt. Bernt: Council Woman Bernt. Hey, that's a new one. If -- just to add onto what Council Woman Strader and Perreault had mentioned, if they want to put some -- an e-mail together with some bulleted points and for that to Dave Miles and copy the Mayor and I in that e-mail, so we can get that letter up and coming. I mean it's worth a try. I don't necessarily know what's going to come from it, but I certainly -- I can understand the importance of it, so -- Simison: Yeah. I -- I think it just -- it puts us on record. I think that's what you are going to get. But it's a conversation that they have heard from me numerous times and they will hear from me over and over. Bernt: Offline and online. Simison: Yes. So -- Berns: Does that sound -- is that okay? Council Woman Strader and Perreault, does that sound like it -- Simison: Okay. And when we have a draft letter put together we will bring that back for -- we will bring it back for conversation. We will put it on a workshop agenda for review and comment. Bernt: Okay. Perfect. Strader: Sounds good. Thanks. Simison: All right. With that do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we all pitch in to buy Joe Borton a new haircut. Oh. I apologize. Wrong motion. Simison: Motion dies for lack of a second. Bernt: I move -- I move that we adjourn for this evening. Hoaglun: Second. Meridian City Council Meeting Agenda May 12,2020— Page 92 of 284 Meridian City Council April 28,2020 Page 64 of 64 Simison: Have a motion and a second to adjourn. Any discussion on the motion? If not, all those in favor say signify by saying aye. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9:45 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 12 2020 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda May 12,2020— Page 93 of 284