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HomeMy WebLinkAbout2020-05-26 Regular Meeting Meridian City Council May 26, 2020. A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, May 26, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Brad Hoaglun and Liz Strader. Members Absent: Jessica Perreault. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Bruce Freckleton, Joe Dodson, Mark Ford and Joe Bongiorno. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Okay. We are going to call this meeting to order. For the record it is Tuesday, May 26, 2020, at 6:03 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all stand and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rabbi Daniel Fink of Congregation Ahavath Beth Israel Simison: Item No. 3 is our community invocation, which will be offered by Rabbi Fink. If you all wouldn't mind taking -- joining us in this invocation or take this as a moment of silence. Rabbi Fink, you are recognized. Fink: Thank you. Creator and sustainer and source of life, source of justice and mercy, we pray. In this challenging time we come together to continue the sacred obligation of creating community committed to a governing vision of justice, compassion, and well being for all of its citizens and so we pray for insight, for courage and dedication in tending to the sacred tasks and obligations that this season brings. May we lead by example, loving our neighbors and placing the communal good, the welfare of all, especially our most vulnerable citizens, as our best and highest goal. May are leaders lead by recognizing the sacred ties that bind the entire body politic and a web of interdependence and shared responsibility. Eternal one, grant to our appointed representatives the wisdom Meridian City Council Meeting Agenda June 2,2020— Page 84 of 263 Meridian City Council May 26,2020 Page 2 of 48 to guide our future, the patience to secure it and abundant compassion for all those whose destinies will be shaped in part by the decisions that they render. May we be blessed in this challenging season with a shared commitment the healing of body, soul, and spirit for our community as a whole and for all its members. And let us say amen. Simison: Thank you very much. Appreciate it. Bernt: Thank you, Rabbi. It was a pleasure to meet you. Fink: My -- an honor to be here. Thank you. Item 4: Adoption of Agenda Simison: Okay. Item No. 4, adoption of the agenda. Bernt: Before we start, Mayor, there was a comment made last Tuesday about the Pledge of Allegiance. Simison: Yes, Councilman Bernt. Bernt: I just thought -- I normally just say the Pledge of Allegiance. No big deal. I get it. You don't want to talk about it. We will save it for another day. Mayor, Item 4 is the adoption of agenda. I move that we adopt the agenda as presented. No changes. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I second the motion. Simison: I have a motion and a second to adopt the agenda. 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: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda [Action Item] A. Approve Minutes of May 12, 2020, City Council Work Session B. Approve Minutes of May 12, 2020, City Council Regular Meeting C. Stapleton Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 D. TM Crossing No. 4 Water Main Easement No. 1 Meridian City Council Meeting Agenda June 2,2020— Page 85 of 263 Meridian City Council May 26,2020 Page 3 of 48 E. Final Plat for Warrick Subdivision No. 2 (H-2020-0044) by Schultz Development, Located at 2445 E. Amity Rd. F. Final Plat for Warrick Subdivision No. 3 (H-2020-0045) by Schultz Development, Located at 2445 E. Amity Rd. G. Findings of Fact, Conclusions of Law for Delano Subdivision H-2019-0027) by Boll Cooke Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. H. Findings of Fact, Conclusions of Law for Idaho Central Credit Union (H-2020-0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. I. Development Agreement for Bach Storage (H-2019-0121) with Rami, LLC (Owner) and Bach Homes (Developer), Located at 2480 Eagle Rd. and 2500 N. Eagle Rd. J. Community Development: Program Year 2019 Community Development Block Grant Sub-Recipient Agreement Amendment with CATCH, Inc. for a Not-to-Exceed Amount of $16,000 K. Professional Services Agreement for Concerts on Broadway Musical Talent 1. Kings of Swing Performing 9/12/2020 2. High Street Bond Performing 9/26/2020 L. Resolution No. 20-2212: A Resolution Reappointing David Ballard and David McKinney to the Transportation Commission M. AP Invoices for Payment - 05/21/20 - $254,925.87 Simison: Item No. 5 is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda June 2,2020— Page 86 of 263 Meridian City Council May 26,2020 Page 4 of 48 Hoaglun: I second the motion. Simison: I have a motion and a second to approve the Consent Agenda. 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: FOUR AYES. TWO ABSENT. Item 6: Items Moved From Consent Agenda [Action Item] Simison: There are no items moved from the Consent Agenda. Item 7: Future Meeting Topics — Public Forum Simison: So, we will move into Item 7-A, future meeting topics public forum and I will ask our clerk to call up those -- I believe we have three people at least who have signed up under this and for the record you will be recognized for three minutes. I will be doing the timer for you and I will try to signify when there is one minute remaining under this category for each person. Weatherly: Mr. Mayor, there are currently four people signed up, three of which we were able to touch base with regarding their topic. All three people at least that we know of have signed up to discuss 5g and small cell towers. The first person signed up is Rick Walsh. Simison: Okay. Mr. Walsh, if you could state your name and address for the record and, then, you will have three minutes. Walsh: Hi. Yes. My name is Rick Walsh and I live in Meridian. 4081 North Breeze Creek Way, Meridian, and thank you for the time today. Could I share my screen? Is that -- Johnson: Mr. Mayor, we don't have that set up. We need that well in advance. Walsh: Okay. Okay. Not a problem. So, I'm part of a group called Idahoans For Safe -- is my camera on for Zoom or -- should I start video or is it just audio? Simison: It's video if you would like it. Walsh: Okay. Here we go. All right. That's better. So, yes, my name is Rick Walsh and I'm a husband, father of five. I own a business here in Meridian and live in the Bridgetower Subdivision and I'm with a group called Idahoans For Safe Technology and we met with the Ada County Highway Department last Wednesday regarding Ordinance 244 and that ordinance would have authorized the placement of small cell towers within 20 feet of residential houses and so we presented the case, some local control that can be done, that's legal, that the government has recognized and we also brought up some other issues and they were convinced to postpone the vote, so -- but the cities still have a say Meridian City Council Meeting Agenda June 2,2020— Page 87 of 263 Meridian City Council May 26,2020 Page 5 of 48 and so I wanted to present to you what we are talking about to alert you and, hopefully, get this on your agenda. So, real quick, the facts about 4 and 5G --you know, the purpose of local government is to protect the community and RF microwave radiation is a hazardous pollutant and antennas must not be close to homes and elected officials, their hands are not tied. There is local protective control that can be done legally. Telecom has kind of misrepresentative -- misrepresented the relevant laws. So, some people think they don't have control, but we actually do. So, real quick, we need stronger, more protective control over a hazardous pollution and that right now is being excluded on the general liability insurance policies of the cell providers. They do not cover liability. So, if there is ever a health concern, a health issue, they will not be addressed and, then, we have ways to control the vertical, horizontal and power output of the cells. We want to preserve our home values, we want to preserve the quiet enjoyment of our streets and they should -- these towers should be either not in residential areas or the power should be regulated if they are in the residential areas and you could do setbacks, you can do distance between the towers, and you would ask the cell company to provide a signal -- you know, to prove there is a significant gap in coverage and right now speaking of Meridian, there is no gap in coverage and we also want to promote fiber optic to the house and there is a big push for fiber optic, the next -- now, you know, it's been going on, but there is a big push I heard in 2020 and 2021. So, we would like for you to address these concerns on an upcoming agenda or a workout session and I thank you so much for your time. Simison: Three minutes. Thank you, Mr. Walsh. Weatherly: Mr. Mayor, next we have Dr. Ann Huycke. Simison: Okay. Dr. Huycke, if you can state your name and address for the record and you will be recognized for three minutes. Huycke: My name is Dr. Ann Huycke. I live at 10900 West Wasdale in Boise. I am a medical doctor -- can you hear me? Simison: Yes, we can. Huycke: Okay. And I have been working in emergency medicine for over 30 years. have also worked in integrated family practice for about the same amount of time. I also belong to Idahoans For Safe Technology. I got very interested in this, because I had patients come to me that were having problems with electromagnetism with illness, but I would like to encourage you to strongly look at your wireless facilities operations with -- which is within your authority under the 1996 Telecommunications Act. The limited preemptions do not include health effects, nor does the act anywhere prohibit speech. The 4G and 5G infrastructure causes the public to be inundated with pulse modulated microwave radiation. Vast amounts of research on radiofrequency microwave radiation bio effects have been performed. There has been over 25,000 studies. Now, to put this in perspective, asbestos and lead were removed from the environment with under 10,000 studies. This radiation, particularly when modulated to carry data, produces a myriad of Meridian City Council Meeting Agenda June 2,2020— Page 88 of 263 Meridian City Council May 26,2020 Page 6 of 48 serious medical effects, including, but not limited to, neurological effects, including learning and memory impairments, Alzheimer's, dementia, autism, insomnia, depression, anxiety, ADD. Cardiac effects include arrhythmias or abnormal rhythms and sudden cardiac death even in children. Fertility effects with decreased fertility, increased birth defects, and increase miscarriages. Genetic effects cause breaks in the DNA which can lead to cancer and genetic defects. Idahoans For Safe Technology is working cooperatively with the Ada County Highway District, historic neighborhood associations, city mayors and councils, building specialists, planning and zoning, local entomologists, local farmers, realtors, all to provide a healthful environment. As a medical doctor I know for a fact that microwave irradiating equipment 20 feet or even a hundred feet from a bedroom, particularly a child or an elder, is hazardous. This is proposed by some wireless ordinances, but it is avoidable by legal means. I urge the Council to hold hearings on this matter and strongly regulate the operations of wireless facilities as is your authority to do under TCA 47, US Code Section 332, C-7-B-4. Thank you. Simison: Thank you very much. Weatherly: Mr. Mayor, next we have Cathy Cooke. Simison: All right. Cathy, if you could say your name and address for the record and you will be recognized for three minutes. You need to unmute your mic. And for the record Councilman Cavener has joined us. I know he was trying to get in, but I think that happened about 6:12. Cooke: Got it. Sorry about that. You can hear me now? Simison: Yeah. Cooke: Great. Thank you. Cathy Cooke. 688 North 29th Street, Boise, Idaho. I attest and affirm that the following statements are true, accurate, and within my personal knowledge My name is Cathy Cooke. I'm a certified building biologist and electromagnetic radiation specialist practicing here in Ada county and most of my clients are in Meridian. I'm an expert in measuring and mitigating radio frequency microwave RF MW radiation exposures. So, my business has been booming ever since the small wireless telecommunication facilities, SWTF, are being installed in the public rights of way of Ada county. Because RF MW exposure from SWTF is actually tens of thousands of times higher than RF MW from our big macro towers and this is because the SWTF are so much closer. It's all about the proximity to homes and businesses and this is what's so hazardous. So, I use professional certified calibrated radio frequency meters and always measure the peaks of radio frequency microwave radiation, which is thousands of times higher than the averages, because the peaks of RF MW is actually what really matters. So, people in the Ada -- in the Ada county cities are facing safety, privacy and property value hazards simply because municipalities and ACHD has failed to sufficiently regulate the vertical, horizontal and power for SWTF antennas. So, vertical is the number of feet off the ground. Horizontal is the number of feet away from homes and, then, power is the maximum effective radiated power watts ERP that the antenna can output. So, it's Meridian City Council Meeting Agenda June 2,2020— Page 89 of 263 Meridian City Council May 26,2020 Page 7 of 48 easy to calculate ERP from the antenna spec sheet. You just multiply the maximum power input by antenna gain for each channel and then, sum the total. When the original macro towers were constructed on hillsides they had antennas with 200 feet of vertical, 3,000 plus feet of horizontal. This VHP recipe allows the RF signal to be wafted into residential areas at low enough level to enable calls -- calls and will not ruin the quiet enjoyment of streets, but when the cell tower antennas only have 30 to 50 -- 50 of vertical and only 20 to 50 of horizontal, like the small WTF will, then, we have really got a big disaster. The maximum output power of these close in small WTF antennas needs to be kept to that which enables phone calls, but will not ruin the quiet enjoyment of streets, just like the larger macro towers. Because the ACHD and local municipalities have not been paying attention the SWTF they are deploying 15,000 to 22,000 watts ERP, many of which are within very very close to home -- within feet of homes and actually only .1 watt of ERP is needed to go down the street for a half mile for five bars on cell phones and 3,000 plus people can simultaneously make a call. So, none of my clients want their children to sleep in this radio frequency microwave radiation of a macro tower that is only 20 to 50 feet from their bedroom windows, which is currently being allowed. Our legislators understood this back in -- Simison: If you could, please, wrap up. Your time is up. Huycke: Okay. So, I strongly urge the City of Meridian to adopt regulations to prevent this large output of ERP. Thank you. Simison: Thank you. Weatherly: Mr. Mayor, we were able to verify the last speaker on tonight's public forum is here to discuss the same topic and that is Lynette Daudt. Daudt: Hi. Yeah. So -- Simison- Can you state your name and address for the record, please. Daudt: Sure. I'm Lynette Daudt. I live at 1401 West Idaho Street in Boise. Downtown Boise. I also have a business here. I'm a 20 year licensed healthcare practitioner and I have patients all over the county and beyond this county. But I'm here not to talk about the health effects, although those -- those are very real and important, but I wanted to share a couple of things that I shared in the ACHD meeting about what cities have the power to do. Cities and counties. Local government. And so I will just go ahead and run through that really quickly and if it's too fast I can submit this in writing so you can follow up on the links. So, as I stated, I'm Lynette Daudt. I attest and affirm that the following statements are true, accurate, and within my personal knowledge. I'm Lynette Daudt. told you all that. In 2020 nearly all new wireless facilities for telecommunication services are not needed, because the existing telecommunication coverage is adequate. This has been simply demonstrated and Cathy and Rick have already spoken to this. So, I'm going to skip through that and get a little bit further down. But the -- they both spoke about the significant gap in coverage needing to be proven and before any new telecoms are placed Meridian City Council Meeting Agenda June 2,2020— Page 90 of 263 Meridian City Council May 26,2020 Page 8 of 48 and that is true, that is in the law, and what happens, then, is that if a need is determined, then, by law the telecoms may install, quote, unquote, using the least intrusive means. So, thus, any kinds of city planning, zoning -- city planning and codes must, you know, include that kind of language and it has every right to do so, as well as the ACHD codes need to have that kind of language as well, encouraging these telecom companies to use the least intrusive means. And what does that mean? Well, in particular right now, as -- as Cathy already spoke to you, lowering the power levels on the external WTFs that are outside in the common places is the way that you regulate that there, but as far as incentivizing within city planning and zoning is that, you know, your cities are missing a golden opportunity to incentivize the installation and completion of fiber optics to the premises. It's faster, much much faster and much much safer. So, if you write your codes right you can provide broadband in ways that preserve the quiet enjoyment of streets and residential areas. Something that, you know, the cities must protect and wireless broadband in contrast can pump when -- can pump excessive effective radiated power, as Cathy was mentioning, and -- and into this -- the homes of individuals. So, think of big data, which is really really loud, that's internet and video and streaming and gaming, that should go via fiber optics and only small data, which is soft and that would be phone calls and text, and that could go through wireless after a significant gap in coverage is proven. So, you know, we as the public have the right to determine what we need as a community and in our fire prone state fiber optics really is the best long term solution. It's safe, secure, reliable and energy efficient and during the northern California fires those with landlines received notice and got out. Those with only wireless phones got no alerts and died in much greater numbers. Simison: Lynette, if you can please wrap up. Daudt: Yes. So, anyway, in an electrical box owned by the utility there started that fire. So, to avoid fires and have safer, faster -- faster internet, let's just put it all underground. Thank you. Simison: Okay. Thank you very much. Those were the four people that signed up under future meeting topics. Borton: Mr. Mayor? Simison: Mr. Borton. Hoaglun: Could I ask one --just one quick question? Simison: Can I let Mr. Nary speak first? Borton: Okay. Simison: And I assume your question is to your city attorney or fellow city Council Members, not to the individuals. Meridian City Council Meeting Agenda June 2,2020— Page 91 of 263 Meridian City Council May 26,2020 Page 9 of 48 Borton: No. But -- and if that's the -- the parameters of not asking questions, then, that's fine. Simison: Yes. These are -- not to engage in a dialogue with people. So, I'm going to let Mr. Nary just speak briefly to this topic as -- Morton: Okay. Simison: So, Council can consider the information they heard. Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. My office has been involved in this discussion and research to this issue for a number of years now. We have worked with the Association of Idaho Cities, as well as other cities and the highway district on this topic. Mr. Baird has been -- of my office has been heavily involved in the research and the evolving area of the law. So, this is very topical what these folks have brought up. There are issues out there and we are trying to wrestle with various courts in other states and how they are addressing these, both at the federal level, as well as at state levels and they are correct, there are some things that we as a regulatory agency of land use may have some ability to regulate, but we aren't ready to have this -- Mr. Baird actually was involved with last week's ACHD meeting, has been in touch with their deputy counsel as well on their approach and how they are treating this particular issue. So, we have been very engaged with this and we intend to bring this conversation forward with the Planning Department at a future topic -- or a future meeting, probably within the next few months, but we aren't quite ready yet. Again, he has been working pretty -- pretty long on the research for what can we as a city engage with, what we can prohibit or what we can restrict and what limits we have. Again, federal law does preempt certain things. It doesn't preempt everything. So, again, we don't have any of these facilities on city property currently. There are facilities on other-- in other cities in the Treasure Valley and there are facilities on other entities' properties, not the City of Meridian. But we do intend to bring this back in front of you for discussion. So, I know the folks that have been on the call today are very engaged with what we are involved in and what the city is doing, so it would be a future agenda item that we would have, like I said, within the next couple of months. Simison: Mr. Borton, did that address anything that you were curious about? Borton: Yes. Thank you. Item 8: Action Items A. Community Development: Budget Amendment for the Not-to- Exceed Amount of $835,329 for Third-Party Contracted Building Service Providers Simison: Perfect. So with that, if you -- if Council would like anymore information I encourage you to reach out to your Council President regarding next steps. Otherwise, I Meridian City Council Meeting Agenda June 2,2020— Page 92 of 263 Meridian City Council May 26,2020 Page 10 of 48 will -- I will be working with our planning and legal team to bring this forward when it's ready for appropriate discussion with our city. Okay. Excellent. Then we will move on to Item 8, Action Items. Item 8-A is from our Community Development, a budget amendment. I will turn this over to Mr. Freckleton. Freckleton: Thank you, Mr. Mayor and Members of the Council. It's good to be before you today digitally. This is a new experience. I do bring before you tonight a budget amendment to increase the budget amount for our third-party contractors that provide services to our building section. The thing that has necessitated this budget amendment is that we are depleting quickly our budgeted amounts that we set at the beginning of the budget year. This is due to higher than anticipated building activity and so we are trending hot and we won't make it through the rest of the fiscal year unless we do make these adjustments. The important thing to point out with this is that these contracts are written to be a percentage of revenue. So, in essence, when we issue a building permit and that permit is paid for, there is a certain percentage of the permit amount that goes to these contractors for the work that they perform. So, as our revenue goes up we see the expense go up as well. So, revenue is trending hotter than we thought it would and, therefore, our expense is trending hotter than we thought it would. So, it is an increase in -- in our building mechanical, electrical, plumbing and fire areas -- no. Excuse me. Let me correct that. In the electrical area we are actually doing a reduction in our budget amount. We had budgeted a little too much and so we are bringing that one back down to what we think is a reasonable number. You know, we are -- we are still early on in our -- in our growth of the building section and so we have been able to look at historical data for '19 and that's helped us to make these decisions. We also -- because of the experiences that we have had with the COVID-19 and the -- you know, the slow down -- a little bit of a slow down in the building activity we factored some of that in, too, with our new projections. We have worked with Finance in these projections and feel comfortable about it. The reason we are before you tonight is because June is the last opportunity to make any adjustments to the FY 20 budget and so with that I would stand for any questions you might have. Simison: Council, any questions? Okay. Do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we approve the budget amendment amount for Community Development in an amount not to exceed 835,329. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Second. Meridian City Council Meeting Agenda June 2,2020— Page 93 of 263 Meridian City Council May 26,2020 Page 11 of 48 Simison: I have a motion and a second to approve the budget amendment for 835,329. 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, absent. Simison: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Police Department: Budget Amendment in the Amount of 47,500 for Patrol Vehicle Replacement Simison: Item 8-B is from our Police Department, a budget amendment. I will turn this over to -- I don't know if that's going to be Lieutenant Ford. I had Chief Lavey down, but -- Ford: Mr. Mayor, yeah, that would be Lieutenant Ford. Are you able to hear me okay? Simison: Yes, we can. Ford: Excellent. So, Mr. Mayor and Members of the Council, this is a budget amendment for 47,500 to purchase a 2020 Chevy Tahoe. This came up for a vehicle that was involved in an accident and totaled out by ICRMP. With this ICRMP will be putting forward 29,475. So, the difference leftover will be 8,225. In everything we have looked at this is the cheapest option for us to go. In reference to a -- even a newer Tahoe, the 2020 ones, they have not released the pricing yet. If we went with the Ford option, the factory is still shut down, so we don't have any time frame on when we could get that and it would be closer to 53,000. With this Tahoe we will be able to take the equipment out of the Tahoe that was totaled and put it into this Tahoe and that pretty much covers that portion of it. Simison: Thank you, Mr. Ford. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Lieutenant Ford, thank you very much. It sounds like in this case, given that the equipment transfers over to the Tahoe, that makes financial sense. I guess I'm curious just holistically if you guys have started looking at electric vehicles as a possible cost saving option. You know, are they getting to a point that they are a viable alternative we should start looking at and if we started analyzing the cost, considering that we wouldn't be paying for fuel, just curious on that -- on that point. Ford: Yes, Council Woman Strader, Members of the Council, Mr. Mayor, we have looked at some of those. I would have to get with Stacey Pechin on that. If I recall, I think we Meridian City Council Meeting Agenda June 2,2020— Page 94 of 263 Meridian City Council May 26,2020 Page 12 of 48 have one in the works that we are going to try that's been built. That's more of a hybrid, so -- I know she's done a bunch of research on that. I don't know what all her findings are. But, yes, that is something for -- Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: Thank you. Yeah. That's helpful. It makes sense to me that we would look for a pilot to try that out. But I just thought I would check in there. It's always good for us to be forward thinking and make sure we are accounting for all of our options. Thanks. Ford: Thank you. Yeah. And that's something I can follow up on and give you more information at a later date, too, as well. Strader: That would be great. Thanks. Simison: Council, any further questions? If not do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we approve the budget amendment Item 8-B for the Police Department in the amount of 47,500. Strader: Second. Simison: I have a motion and a second to approve the budget amendment in the amount of 47,500 for the Police Department. 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, absent. Simison: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for McKay Farm Subdivision (H-2020-0030) by Fairbourne Development, LLC, Located Near the Half Mile Mark on the West Side of S. Eagle Rd. Between E. Amity Rd. and E. Lake Hazel Rd. 1. Request: Annexation and Zoning of 10.5 acres of land with an R-8 zoning district, and Meridian City Council Meeting Agenda June 2,2020— Page 95 of 263 Meridian City Council May 26,2020 Page 13 of 48 2. Request: A Preliminary Plat consisting of 42 building lots and 9 common lots. Simison: With that we will move into Item 8-C, a public hearing for McKay Farm Subdivision, H-2020-0030. I will open this public hearing with staff comments and turn this over to Mr. Dodson for information. Dodson: Thank you, Mr. Mayor, Members of Council. Can you all hear me? Simison: Yes. Dodson: Awesome. Thank you. Thank you for having me tonight. Chris, do I have control? Johnson: You should see an invitation right now to take control. Dodson: How do I do this? Johnson: And, Joe, you should be able to press your right arrow to go to the next slide. Back and forth just as if it were on your computer. Dodson: Oh, there we go. Sorry. I couldn't unmute myself for a second. Apologize for that. The site consists of 10.5 acres of land currently zoned RUT, located at 5875 South Eagle Road, between Amity and Lake Hazel, which is near the intersection of Taconic Drive and Eagle Road. Simison: Joe, just for the record, the slide says Item #6D, Lavender Heights Subdivision. Dodson: That is correct. Simison: I do believe this is the correct location for the preliminary plat? Dodson: Yes, sir. Simison: Just for the record. Dodson: Correct, Mr. Mayor. I apologize for that mistake. Yes, it is the correct location, not the correct heading. Before you is the preliminary plat of the proposed subdivision for McKay Farm. This request for annexation and zoning of 10.5 acres of land with an R- 8 zoning district and preliminary plat consisting of 42 building lots and nine common lots is proposed as one single phase. Currently on site is an existing home and related farm buildings. All structures are proposed to be demolished and both existing driveway accesses to Eagle Road are to be closed upon development. Due to the size of the property being ten and a half acres, this development is required to provide ten percent minimum open space and at least one amenity. The applicant has proposed 1.15 acres of qualified open space, which is approximately 10.9 percent, exceeding the minimum Meridian City Council Meeting Agenda June 2,2020— Page 96 of 263 Meridian City Council May 26,2020 Page 14 of 48 requirement. The open space is a combination of landscape parkways throughout the entire development and a large open space lot near the center of the project that, essentially, serves as a pocket park. The open space lot itself is over 16,000 square feet, without counting the parkways along the interior. Within this open space lot the applicant has also proposed a picnic area with shade structures meeting the one amenity requirement as well. The applicant has submitted conceptual elevations proposed -- of the proposed single family homes for the subdivision. Conceptual elevations show combinations of stone and lap siding, architectural elements. In addition, all of the conceptual elevation shows single story structures, but staff is unaware of any desire by the applicant to only build single story structures. This was discussed in the Planning and Zoning Commission meeting as well and the applicant is planning on having a combination of single and two story structures. Staff has not included any condition in their required development agreement limiting structures to single story, except for those noted or requested by the Planning and Zoning Commission. Staff notes that all homes abutting Eagle Road will be required to show proof of adequate modulation and articulation across building plans prior to receiving building permit. The project is proposed with one public access through the development due to ACHD and city policies regarding access points to arterial roadways. As noted, the subject site abuts South Eagle Road, a major arterial roadway, and resides too close to an existing intersection at Taconic and Eagle Road in order for an additional access to Eagle Road. The city's Comprehensive Plan encourages development that will utilize existing local and collector street infrastructure in lieu of additional access points to arterial roadways. Residents in this subdivision would enter and leave the property via extension of East Mardia Street, which is this -- the street in the south of the subdivision and, then, they would follow through Sky Mesa Commons where the street currently is proposed. Sky Mesa Commons is an existing subdivision, minus the very southern portion, which has not yet been constructed. They would take this East Mardia Way and could access South Montague Way, which is the closest and most logical local street connection for residents to access East Taconic Drive, a residential collector roadway, that intersects Eagle Road. In order to develop more than 30 homes on one public access, the applicant has proposed an emergency only access from the subject site to South Eagle Road. The emergency access will also serve as a common driveway for three buildable lots as proposed and Meridian Fire Department and ACHD have reviewed and approved of their location and dimensions of this emergency only access. As with all proposed development in this area, school capacity is a point of discussion. West Ada School District provided staff with a report noting their continued concern over enrollment and capacity, as they do with all applications. The three closest schools to this site are Hillsdale Elementary, Victory Middle and Mountain View High School. Hillsdale Elementary is currently capped and is no longer accepting additional students. So, elementary age students in this development would be -- would be bused to Sienna Elementary. Both Sienna and Victory Middle School -- Sienna Elementary and Victory Middle School are over capacity at this time. Mountain View is currently under capacity. The Commission did recommend approval of this application to City Council. The key discussions by the Commission were the history of the parcel and available vehicle access points and the applicant and the adjacent representative of Sky Mesa comments, which is Boise Hunter Homes, to discuss sharing costs associated with the installation of the future signal to Taconic Driver and Eagle Road Meridian City Council Meeting Agenda June 2,2020— Page 97 of 263 Meridian City Council May 26,2020 Page 15 of 48 and the use of Sky Mesa Commons amenities. The Commission also discussed the number of lots being served by common drives, as well as the number of amenities being offered by this development. They also discussed the height of homes on lots that run perpendicular to those in Sky Mesa Commons. The three changes that the Planning and Zoning Commission recommended was a DA provision limiting Lots 32, 40 and Lot 50, Block 1, to single story homes and those are the three homes that do run perpendicular to the Sky Mesa Commons Subdivision. They also added a DA provision requiring an additional amenity be added to the central open space lot and they proposed a tot lot. They also added a DA provision and condition of approval restricting the number of lots served by common drives to no more than two lots each. Staff would like to note that the applicant is not in agreement with these Commission changes and, therefore, did not provide a revised plan to staff prior to this. In addition to this, the Commission recommended that the applicant and staff and possibly the representative from Boise Hunter Homes meet with ACHD again and discuss the disagreement on the share proportional cost. Per that recommendation staff and the applicant met with ACHD to discuss the circumstances around the Taconic and Eagle intersection. To keep it short, ACHD stands by their staff report and their amount of proportional share cost and is not going to revise the staff report. Staff still recommends approval of this application per the conditions of approval and the DA provisions and I -- with that I will end my presentation and stand for questions. Thank you. Simison: Thank you, Joe. Council, any questions at this point in time? Okay. With that we would the applicant like to -- Bernt: Mr. Mayor, one question, please. I apologize. Simison: Yes. Councilman Bernt. Bernt: Hey, Joe, quick question. Did -- did the -- did the -- did the folks from -- from McKay Farm, did they -- did they agree to any of the discussions by the Commission at all? I didn't quite get all of that. Dodson: They did not agree with any of the changes to the staff report conditions. However, they did agree to meet with ACHD and we did and they said that they would work with the Boise Hunter Homes to try and work out some kind of way to help mitigate any possible use of this subdivision using the amenities in Sky Mesa Commons, but I have not heard if that meeting had taken place. Bernt: Thank you. Dodson: You're welcome. Simison: Okay. I have down that Mr. Johnson will be presenting the information as -- on behalf of the applicant. Is that accurate? S.Johnson: It is. Meridian City Council Meeting Agenda June 2,2020— Page 98 of 263 Meridian City Council May 26,2020 Page 16 of 48 Simison: Okay. Mr. Johnson, you are recognized for 15 minutes. S.Johnson: Great. Thank you, Mr. Mayor. My name is Sam Johnson. My address is 2701 East Pine Avenue in Meridian, Idaho. 83642. 1 appreciate your time tonight and appreciate working with staff as always on -- on these applications. So, yes, we agree with -- excuse me. Got a little bit of a frog in my throat. I do not have Corona. But, anyway, we agree with the staff report, with the exception, as Joe mentioned, with a couple of -- of points that the P&Z Commission recommended that we change our plat. First off, they recommended that we add an additional amenity, specifically a tot lot, to our -- our central open space there in the middle of the project. You know, per the -- per the UDC 11-3G and 3C, you know, the -- the size of a plat requires certain number of amenities and which we selected our amenity would be a shaded picnic table or picnic area and feeling that would be a good amenity that all residents could enjoy, so we picked that one as our minimum. The P&Z Commission believed that we should add one more, but we disagree with that. We feel like the code, as written, proportionately scales the requirement for more and more amenities as the projects get larger and larger and so we would request that the additional requirement for an additional amenity be removed. Also the second thing that they required or recommended was the common driveways, that we have -- we have four of them as you can see. Each one of them gives access to three lots and code required -- or code allows up to six common -- or six lots to take access off a common drive and we felt it was reasonable to have this design with only three, which is 50 percent of the maximum allowed, and we felt that it was a -- you know, they are not -- we know the challenges that common driveways can present, but we also believe that reducing a project -- reducing and eliminating nine to ten percent of the lots in a subdivision -- proposed project is a little excessive. So, we feel that we meet the -- the code and -- and we are only half of the allotted -- allowed access -- a lot access off of those common driveways. So, we also on that one would like that one be removed from the conditions. Also -- staff also mentioned the lots. We self--we self imposed the single story homes on Lots 32, 40 and 50 of Block 1. That was due to some conversations with the homeowners that live there on the other side of the fence that came to our neighborhood meeting and we -- we agreed that we would make those lots single stories. So, that's on a condition that we -- we do agree with and self imposed. So, we have -- we have -- we first came to the pre-plat application and met with the city and ACHD on the design. We had a connection to Eagle Road, but both city staff and ACHD staff recommended quite quickly that we eliminate that access if possible and we do have that one -- one connection to the Sky Mesa Subdivision. All of those streets are local streets. ACHD feels they are adequate to add 42 more homes onto those -- those streets. Sky Mesa Commons is -- or recently Sky Mesa Highlands, which is just south of this project, and Sky Mesa Commons, added I believe up to 50 plus homes or more that will also be taking access through their community and getting access to Taconic. So, we don't feel that that's an unreasonable design and -- and we agree that having less access on Eagle Road is -- is a good thing. Also with -- regarding the interim signal that would potentially be required there at Taconic and Eagle Road, we believe that -- we agree with staff -- ACHD staff report, their assessment of the costs for that interim signal, and -- and so we had discussions with them, but they were -- they were not willing to change their staff report and we have agreed with their staff report from -- from day one. We believe this is Meridian City Council Meeting Agenda June 2,2020— Page 99 of 263 Meridian City Council May 26,2020 Page 17 of 48 a good -- you know, it's a tight -- tighter neighborhood. We do not plan to restrict it with any age restriction, but it's going to -- could be a similar product type to that type of home and community and we agree that it--we believe that it's a -- it's a good use of this project and stand for questions. Simison: Thank you, Sam. Council, any questions of the applicant? Bernt: Hey, Sam -- Mr. Mayor? Simison: Councilman Bernt. Bernt: Sam, good to see you, Bud. Got a question for you. Do you guys have a parking plan involved in this project? I noticed that one wasn't submitted. S.Johnson: Yes, we -- we don't have one ready to submit, but we know that one is required, so we will -- we will work with staff on making sure that we meet those requirements before final plat. Bernt: Follow up, Mr. Mayor? Simison: Councilman Bernt. Bernt: I believe -- I believe that the P&Z Commission had mentioned that in -- in the P&Z meeting. Is there a reason why you haven't came up with one yet? S.Johnson: I don't recall parking being the discussion in the P&Z -- Bernt: Maybe it wasn't. S.Johnson: -- hearing, but I may be mistaken, but it wasn't specifically requested in the staff report, except for before final plat. Bernt: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Mr. Mayor and Mr. Johnson, I just want to make sure I understood. Since you purchased your property and an existing farm that had an access to Eagle Road, that is something you -- you have given up to allow use for -- the residents to go around to use the signal, is -- is that right? That was something you just voluntarily agreed to? S.Johnson: That is correct. Hoaglun: Thank you. Meridian City Council Meeting Agenda June 2,2020— Page 100 of 263 Meridian City Council May 26,2020 Page 18 of 48 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Sam. I guess I -- I don't understand the concern about the additional amenity that was requested, the tot lot. Is it that you feel that that amenity doesn't fit with the targeted buyers? Is it the cost of the amenity? Help me understand the -- the hesitation on that. S.Johnson: Sure. Really, the -- the hesitation there is -- is mainly just we feel like that we have -- we have met the code. It's certainly something we can add. My personal preference and pet peeve is when a tot lot, quote, unquote, is required that a token postage stamp is put into a parking -- a parked lot and everybody looks at it and that's about it. I -- when I -- when I -- I personally believe that having a tot lot needs to have lots of activities and -- and be fairly large in scale. You know, that's my own personal belief and -- but a small tot lot certainly could be added, but we felt the reason mainly is that we feel like we have met the condition. We originally believed -- or thought that this big open green space was going to count as an amenity. The code I believe calls out a large open space of 50 feet by one hundred feet. That park space is, I believe, 188 by 85 feet wide, so it's fairly large, but-- and I'm still a little confused on why staff didn't allow that to be an amenity. Big open grass area is something that I feel is a -- is a -- is a big amenity, but -- so, we felt like we had two already with the shade structure and the open space and adding the third tot lot was a personal preference from the P&Z Commissioner, not necessarily required. Strader: Thank you. Simison: Council, any additional questions at this time? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a quick-- quick follow up on that. I -- in reviewing the materials it looked like the reasoning behind the open space was that the code requires the open space in order for it to qualify to exceed 20,000 square feet. Right or wrong. That's what the code says. And the area on the application shows it to be 16,000 and change. So, that's how I understood it at least to be not code compliant to qualify as open space, but to the -- to your point on the proposed picnic area, shade structure, et cetera, is there something that shows -- shows what that's going to look like? Has that been designed to your point on sometimes tot lots are -- are smaller than people hope they might be, if that concern were shared with regards to shade structures and picnic shelters could you alleviate any concern -- and maybe that came up with P&Z as well, but apparently there was still a desire to have a tot lot, so it must not have met our Commission's intent. Meridian City Council Meeting Agenda June 2,2020— Page 101 of 263 Meridian City Council May 26,2020 Page 19 of 48 S.Johnson: Commissioner Borton, the -- there wasn't a whole lot of discussion on the specifics of the shade structure and picnic area at P&Z. We have -- we have a graphic that shows a little 15-by-15 shade structure with picnic tables and, you know, concrete slab underneath is the intent, but it's really just a landscaping plan with the 15-by-15 shade structure shown on the -- on the open space there. So, that's -- there wasn't a whole lot of discussion about the details of that shade structure. Borton: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Thanks, Sam. I guess maybe kind of following the theme as -- as of right now, I have to say I agree with you, I have seen some tot lots that have popped up in developments that even calling them a tot lot is a very generous term. Likewise, though, I have also seen shade structures and picnic tables that have always left a lot to be desired and so kind of taking some of your subject matter expertise, were there other suggestions or ideas that you guys noodled around? I mean I appreciate the -- the big chunk of green space and clearly for some that will be beneficial, but I really honed in on kind of your comments about usable activities or things that the -- the neighborhood would be able to take advantage of and I'm -- I'm curious did you and your cohorts noodle on any other suggested ideas that just didn't have a chance to bubble up or be addressed in the Planning and Zoning Commission? S.Johnson: Commissioner Cavener, we really didn't talk about it a whole lot internally. It was --we thought this, you know, open space didn't meet the requirements, so let's -- let's provide something in typical a tot lot is kind of first on the table. We noodled around with really what could benefit the neighbors of the community the most -- or I shouldn't say -- be of benefit to the most and utilized by -- by all, where tot lots -- you know, certainly love kids, got four of my own, but we ultimately just decided let's do a shade structure with picnic tables and -- and benches and I'm happy to define that and -- and, you know, get more detailed here if -- if that's required as far as dimensions or number of picnic tables. We are a little limited. We would be limited to the -- keeping this to the east side of this open space, because of an underground seepage bed on the west half, but there is -- there is ample room for, you know, a structure that's actually going to service more than just two people. That's not the intent and -- you know. So, if that's something you would like to go into detail about that's -- that's certainly -- we can do that, but that's not -- that was basically the conversation that we had internally when we decided to go with the picnic area. Hoaglun: Mr. Mayor? Simison: I couldn't tell who said that. I don't have -- Councilman Hoaglun. Meridian City Council Meeting Agenda June 2,2020— Page 102 of 263 Meridian City Council May 26,2020 Page 20 of 48 Hoaglun: Mr. Mayor, Mr. Johnson, I was just curious where the location of that will be. The picnic shelter. I was just thinking is -- is that going to be off -- I notice you said you couldn't put it onto the -- the west side, but is that going to be off more to the corner or to the edge just to maximize open space? You know, I'm thinking if neighborhood kids want to get together and kick a soccer ball you don't want it right smack in the middle of it. You know, you got to play around and like to maximize the opportunities for kids to run around or fly a kite on a March day if that works out. So, what are your plans for location? S.Johnson: Yeah. We are -- Commissioner Hoaglun, we are going to hold it -- in this graphic here either to the left or the right of the word block two, there near-- more --closer to the corners and near the sidewalk where it's easily accessible to help maintain as much open space as possible. Hoaglun: Well, good. Thank you. Simison: Council, any additional questions at this point in time? Bernt: Mr. -- Mr. Mayor, one -- one additional question, please. Simison: Councilman Bernt. Bernt: In the ACHD report it said that Eagle Road may expand in 2023 and because of that expansion I wanted to clarify what -- if there was going to be like a sidewalk or some type of pedestrian pathway along Eagle Road, but, obviously, there is nothing there right now and I don't know what's across the street. I believe it's Century Farm. I don't know if they have -- I don't know if they have a walkway there. I don't remember. Could you clarify what that's going to look like and what it may look like after 2023 in regard to a connection of a pedestrian pathway? S.Johnson: Certainly, Commissioner Bernt. The -- the staff report at ACHD does talk about how ACHD -- or Eagle Road is planned to be widened in 2023 to five lanes. Until that time the requirement is to --for us to put up some money in a -- in a deposit and trust to -- to go toward that improvement in our portion of that road. We will be dedicating up to 48 feet of right of way on our side of the road. My hope is that we can get the sidewalk in, so we can at least put the landscape -- the common lot between the homes, the back of those lots and the sidewalk and give us a -- a place to -- to improve and, then, from the sidewalk to the road would be a borrow ditch until that improvement is done by ACHD in a couple of years. Yeah. Century Farm is across the Eagle Road. They have sidewalks already in. I believe they are almost -- they -- their sidewalk almost connects completely to Lake Hazel. It's very close now with all their -- their building over there and just to the north or on this -- on this design -- or on this plat here in front of you and to the right or just to the north of us is part of the Sky Mesa Commons plat that goes between us and Taconic and they -- it's part of one of their future phases of their approved plat that sidewalks will, then, have to connect to Taconic through them. Strader: Mr. Mayor? Meridian City Council Meeting Agenda June 2,2020— Page 103 of 263 Meridian City Council May 26,2020 Page 21 of 48 Simison: Council Woman Strader. Strader: I guess just a follow up on that point and maybe I wasn't just totally following. Is your intention to put in the sidewalks if possible or is there something preventing that from happening? S.Johnson: Sorry, Council Woman Strader. The ACHD staff report talks about leaving some of those improvements for them to do when they actually did the widening of the road. I'm in conversations with them to figure out what's that line between how far can I improve and -- and work together on that, because it also depends on when this plat gets developed. No, we are subject to the utilities coming through the Sky Mesa Commons Subdivision to the west and we are kind of on their timetable as they develop the utilities to and through their project, so -- and they have told us that that is one of the very last phases that they will improve is the connection to this Mardia Street, so it might be 2023 before we are building this subdivision out. We could do it as early as next year if everything else -- if they could cooperate and get us those utilities, but we would like to find a defined line depending on our timing and work with ACHD to hopefully improve as much as we can and bare minimum, like I said, earlier to the sidewalk. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you for elaborating on the timing. As you may know, if you have watched previous City Council meetings, the school district overcrowding in this particular area is a big concern, so I think just to follow the logic, so it sounds like the -- the latest likely sort of start or delivery time would be 2023 and at the earliest you said it would be 2021. Would that have -- I'm trying to figure out when kids would --would actually join the school district. Would that be, you know, starting at the -- you know, sort of fall of 2021 or can you elaborate a little more specifically on the earliest timing? S.Johnson: Yes. Certainly, Council Woman Strader. Excuse me. The -- if -- if we were to push really hard and we had -- had utilities available to us now, I think with the amount of growth and the amount of processes that-- processing that your staff has to go through, it would be at least 12 months before we would have final plat or the plat recorded on this project, so that would be summer of 2021. So, schools -- you know, school aged kids probably would not even be moving in until the end of 2021 after homes were, you know, built in the fall of 2021. That would be -- that would be the soonest. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Sam, when you were talking about improvements I noticed it sounded like maybe you kind of separated between landscape improvements and sidewalk improvements and so I'm trying to get a good sense about -- when you are -- Meridian City Council Meeting Agenda June 2,2020— Page 104 of 263 Meridian City Council May 26,2020 Page 22 of 48 when you are referring to improvements are those separate in your mind or are those one and the same? And clearly if the highway district is going to request that you fund the trust to build the sidewalk along that neighborhood in 2023, 1 understand that. I do have some concern, though, about that -- I think it's a -- it's an emergency access or maybe it's your -- your alley load that kind of goes there onto Eagle Road. I mean that's going to be a pathway that kids and families are going to utilize to get over to Hillsdale or to go to the YMCA and as somebody who is always frustrated with living in a neighborhood where our pathway comes out into a borrow pit, it's not something I would ever wish on anyone else and so can you share with us your conversations with the highway district about sidewalks if they are requiring you not to build them, if you are choosing not to build them and wait until 2023, if there is an opportunity for partial build, help me understand that. Simison: And, Mr. Johnson, just real quick, we do have Justin Lucas here as well, so we can turn some of these to ACHD if needed, but I will let you take a stab at it if -- if you want to. S.Johnson: Give me -- let me give it a try here, Mr. Mayor, and Commissioner Cavener. You know, my -- my hope -- or I guess backing up. When I say improvements, I mean everything's done as far as like the landscaping and the sidewalk. I would like to have the landscaping -- I should say the landscaping on the berm side of the sidewalk, if you will, because I -- yes, I agree that it's nice to have a hard line with landscaping, but, then, our emergency access would, obviously, have to connect all the way to Eagle Road. I don't know the timing of-- of the sidewalk improvements from Boise Hunter Homes to the north, which, then, would connect these residents to Taconic, you know, on a sidewalk on Eagle Road. The -- that will -- that would be an obvious connection point there. I know since they are -- since -- what they -- what they have told me -- Boise Hunter Homes has told me that the connection to Mardia and giving me utilities will be one of the last phases. That means that the property just to the north of this and to the right on the -- on the screen will have been developed prior to me being developed. So, if that's the case, then, their sidewalk will go in before mine and, then, I would connect to theirs. One note -- one point to this note that we do have the --the Grimmett Lateral runs along Eagle Road there on our side of the street and it will be required to be tiled and this project is requiring a 28 foot easement in that common space for that -- that very lateral with no berm and they certainly like the common lot, but they don't want a large berm on top of it, so with that said we increased the width of that 30 foot buffer to 35 feet to allow us to put trees and shrubs at least along our fence line at the back of those -- those lots, so there is some -- some vertical vegetation there not just a big open flat green space that -- with -- with restrictions to what's being planted there. So, that's just a side note. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Yeah. Thank you. I have a couple -- I guess a clarifying point for this sidewalk and landscaping there. Meridian City Council Meeting Agenda June 2,2020— Page 105 of 263 Meridian City Council May 26,2020 Page 23 of 48 Simison: Okay. And if we could also have Justin come into the -- Chris, if you could bring Justin in so we can have him provide some comments, as we are in the section right now. But go ahead, Joe. Dodson: Thank you. Mr. Mayor, Members of the Council, because Mr. Johnson and their team planned for this widening, they have a 35 foot wide common lot that is outside of the additional right of way. So, within that common lot they can -- they can build this sidewalk without having to risk it being destroyed. My understanding is that ACHD already has the set right of way that they are going to be taking and so this common lot and landscape buffer will accommodate a sidewalk, unless the -- tiling the Grimmett Lateral will inhibit that. I have not heard that. I'm pretty sure that those will still allow sidewalk, just not additional trees. So, that should be a pretty easy condition to add. I admit I did not put the street frontage improvements as a condition, so that would be one that you guys would have to add. Simison: Thank you, Joe. Mr. Lucas, do you have anything that you are able to add to provide some clarity as to timing for some of these elements along Eagle Road? Lucas: Thank you, Mr. Mayor, Members of the Council. Can you hear me first off? Simison: Yes. Lucas: Excellent. For the record my name is Justin Lucas. Business address is 3775 Adam Street, Garden City, Idaho, and I'm here representing Ada County Highway District. I think the applicant described it as clearly as we can describe it, which is it's a matter of timing. If ACHD is, indeed, able to hold our schedule and build this project in 2023, the widening of Eagle Road in this section and the applicant is simultaneously, you know, just about to begin construction or under construction on their subdivision, it makes a lot more sense for the highway district to go ahead and -- and put that sidewalk in. If our project is delayed and this applicant is moving quickly or moves forward well before our project, it makes sense for them to put the sidewalk in and I don't think ACHD staff report prohibits them from doing that and this is -- yeah, the only reason this is different from anywhere else in the city is because we have an active project that's going to happen here very shortly on Eagle Road. I hope that -- I hope that helps and I will stand for any questions. Simison: Council, any questions for Mr. Lucas on that point? Okay. Thank you, Justin. You probably will want to stick around here, because I don't think that that's going to be the last question forACHD on this project. Are there any other questions for the applicant at this time from Council? Borton: Not at this time. Simison: Okay. Thank you very much. Chris or Adrienne, did we have anybody sign up in advance to testify on this application? Meridian City Council Meeting Agenda June 2,2020— Page 106 of 263 Meridian City Council May 26,2020 Page 24 of 48 Weatherly: Mr. Mayor, we had one person sign in, a Hank Allen. I don't see Hank Allen specifically on the call, but if you are here, please raise your hand and we will get you in to talk. Simison: And I think that goes for anybody else who is in the meeting. If you would like to testify on this item, please, raise your hand, so that we can bring you in to speak or if -- it does not appear that we have anybody just on the phone, but if so you can do star nine for the clerk to bring you in for comments and it's not looking like we have anybody raising their hand for -- for Council. We did have someone who was logged in to this earlier and had to leave and an e-mail was sent to you by Mr. Johnson. I just want to bring that to your attention. I think it mirrors the comments that were made and the requests by Mr. Johnson in his comments, but I encourage you to look at that if you have the ability to do so. If not, we could also ask the clerk to read it into the record if you prefer. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I can't easily pull it up right now. If it's -- if it's a short e-mail if we could read it in that would be amazing. Thank you. Simison: Is it a short e-mail? Adrienne or Chris, would you like to read it into the record? Johnson: It's a short e-mail. I can do that. This was received at 6:27 p.m. from Fred Boelter. Hello. I wish to submit my comment on the McKay Farm Subdivision application below. I own and live at 5906 South Cubola Way, Meridian. I have two requests regarding the planned McKay Farm Subdivision. The first is I would request the primary entrance be off of Eagle Road, rather than from East Taconic Drive and into Cubola Way. My concern is increased traffic in front of my home. The second is I request the two houses that share a fence line with my property, I believe it's Lot 40 and 50, be single story as to limit the impact on the view from my property when looking east. Thank you, Fred Boelter. Simison: Thank you, Chris. Council, before we call -- ask Mr. Johnson to provide any final comments, would you have any questions that you would like to specifically address to Justin about regarding any of the traffic issues that have been brought up? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Justin, for that expansion of Eagle Road, you know, we talked about 2023 and we understand that's all dependent on revenue and who knows what that's going to look like ahead, but is the Grimmett Lateral also part of that? Will that be tiled at the same time? I'm just trying to figure out timing and when -- when things could potentially be done, but the tiling of that and the expansion will all occur simultaneously; is that correct? Meridian City Council Meeting Agenda June 2,2020— Page 107 of 263 Meridian City Council May 26,2020 Page 25 of 48 Lucas: Mr. Mayor, Councilman Hoaglun, so we don't -- we don't -- we have not finished the design and the -- and all the detailed technical work on this segment of Eagle Road. We are beginning that shortly and we will finish that up in fiscal year '21. We will purchase the right of way necessary in fiscal year '22 and, then, the -- the idea is to construct the project in fiscal year '23 and that's based on our current integrated five year work plan. So, I'm really not able to answer specific technical details about the project elements. What I can say is if the tiling of that lateral is required forACHD's project, then, we certainly would do that, but based on the preliminary plat and the location of the easement for that -- that lateral, I don't -- I don't think -- I don't think it would be part of ACHD's project. It looks like that is something that falls within the developer's common area landscape for the frontage of that -- that -- that frontage improvement and so a lot of this, once again, depends on timing. If the lateral's currently, you know, within the right of way or future right of way of ACHD and we get there and our project is before this development then -- then, yes, it's possible we would do it. If the developer goes first and then -- and has to remove that lateral or replace it for their project, then, they would do it. I don't know if that exactly answers your question, but certainly if it is impacted by ACHD's project we would relocate it, yes. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Thank you for your response. It's very thorough as always. I appreciate that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I actually had a question for staff. Simison: Okay. Strader: I'm just wondering -- is it typical that the parking plan would not be complete at this point coming before Council? Just give me a feel for whether that is typical or if that's the exception. Dodson: Council Woman Strader, Council, from my understanding a parking plan is not a requirement, it is something that the Council and Commission, you know, largely wants, but it's not a code requirement. I did not ask the applicant for a parking plan. I did note in my staff report that one was not submitted, because it is, always as we say in our pre- application meetings, it's always helpful for these situations to --for the applicants to have a parking plan, but it is not a requirement. Parking was not really discussed in the Commission meeting, nor was the missing parking plan discussed. That -- nor do I have a condition in my staff report requiring that prior to final plat. If that is something that Council would like, then, that would be an additional condition. I hope that answers -- Meridian City Council Meeting Agenda June 2,2020— Page 108 of 263 Meridian City Council May 26,2020 Page 26 of 48 Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: I think that's helpful. It certainly is very helpful in reviewing these. I guess one other question that I had. You know, I saw the condition about limiting the common drives and I can, you know, hear, obviously, the applicant is not in agreement with that. In terms of the context for that, how big of an issue is it typically to have this many lots off a -- you have three, as opposed to -- what kind of issues are we taking on by going outside of that recommendation? Dodson: Council Woman Strader, Council, thank you for that. Generally Public Works has been really pushing us to not -- I mean if they had their way there -- there wouldn't be any common drives at all,just because of servicing them can be a hassle,just because of their widths and -- and how much room that they need to take up with their trucks and, then, limiting people's access and things like that. I remember from the Commission meeting it was not a contentious point, but it was something that I believe Commission is listening to staff comment, you know, Public Works comment regarding the use of common drives and how they become -- they are becoming more and more popular. I am not an expert on those types of distances and what's required for the service lines. I do know that no -- no mains at all can be inside common drives, so there would be service lines going to each one of those. So, obviously, as you get further and further -- more and more 40 foot wide lots you -- you start getting some really long service lines that are difficult to maintain, you know, because the mains cannot go in the common drives. But beyond that I couldn't speculate as to why the difference between three or two is going to matter that much. I -- I will admit that. Strader: Thank you. Dodson: You're welcome. Simison: Council, any additional questions? If not, I will ask Mr. Johnson if he would, please, come and close out the -- S.Johnson: Thank you, Mr. Mayor, Council and staff. Appreciate all your comments. You know, understand that this is a very small project being ten acres, somewhat of an in-fill, if you will, because it is surrounded by -- three sides by a subdivision that's either in or in the process of going in. You know, the intent of this density was to increase the density against Eagle Road, similar to what is required to the north at the entrance of Taconic for the Sky Mesa project. So, this -- that was the basis for this design was to get it -- get a dense project in here and -- and provide also a price point that would allow -- that -- that is a little smaller, a little -- a price point that's lower than some neighborhoods in the area. So, we agree that common driveways -- you know, they -- have their challenges, but they also are allowed by code and up to six lots per -- per common drive and so we feel like we have -- we have met that -- that code. We are -- we are -- we have got a good design. It's -- it's -- it's not perfect. It's always fun to be a little more creative, but when you have Meridian City Council Meeting Agenda June 2,2020— Page 109 of 263 Meridian City Council May 26,2020 Page 27 of 48 ten acres to work with you can only do so much. But, again, trying to hit the price point that we feel is needed. So, we feel like the open space is -- is -- is better than a lot of projects this size and we feel like we have worked out the kinks and have a -- have a good project before you and I will stand for questions. Simison: Thank you very much. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a couple of quick follow ups. Did I hear you correct in your earlier comments that there is no objection to having Lots 32, 40 and 50 being single story? S.Johnson: Commissioner Borton, yeah, that's correct. Borton: Okay. S.Johnson: We actually-- we -- we submitted that as a condition, but, yes, we agree with that. Borton: Okay. And Mr. Mayor? Simison: Councilman Borton. Borton: One other quick follow up from another comment in earlier remarks. Is there any portion of that open space that's -- that's part of or going to act like a drainage swale or any -- anything like that? I might have misheard you. S.Johnson: Commissioner Borton, no, none of that is planned to be a drainage swale or anything. It's -- the big open space is basically planned to be level with the back of curb. Nice flat space. The little common lot where our drainage --where our pressure irrigation station will be is to the -- the left side there in a -- in a wide pathway, but all seepage beds will be -- well, there is no drainage ponds in this project. Borton: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Could you elaborate -- you don't have to be super specific, but just give us a feel for the price point that the -- this project serves and how that's serving a broader purpose of, you know, being more affordable for people. If you could provide anymore background on that that would be helpful. Meridian City Council Meeting Agenda June 2,2020— Page 110 of 263 Meridian City Council May 26,2020 Page 28 of 48 S.Johnson: Sure, Commissioner Strader. The price point -- you know, as land gets more and more expensive, cost of the home actually gets more and more expensive, it costs us to drive that -- you know this better than probably a lot of people -- that those lots need to be smaller and smaller to try to get to the -- a price point that others can afford. So, these -- these homes will probably be in that -- I would say in 300 to 350 range. We are not working with any builders right now. We don't build the homes. So, I can't speak exactly to what the product type or the finished product will be, except for what we have depicted in the application. Originally one of the thoughts was to have this be a 55 and older community, but we have decided not to pursue that, because there is others in the -- in the area that are doing that. But, you know, that 350 is probably an average and it's becoming harder and harder within Meridian to buy a home that's under 400. So, that's -- we went to a smaller -- smaller lot to try to accommodate that. Strader: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Sam, if I recall at the Planning and Zoning Commission you guys testified that you weren't going to limit it to any builder or building group, it was -- really your plan was to kind of get this project moving forward and, then, turn over the lots to any builder that would want to build on them. Is that still the case? S.Johnson: Yes. That's still the case, Commissioner Cavener. Hoaglun: Mr. Mayor? Simison: Was that Councilman Hoaglun or Borton? Hoaglun: Hoaglun. Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Mr. Johnson, I wanted to talk about the Eagle Road right of way, which we know is 48 feet. You have got 35 feet of common lot. The lateral I believe was within that common lot and, then, there is space for-- then part of that right of way would also include area that you can landscape and where you put your sidewalk. Do I understand that correctly? S.Johnson: Yes. Sorry. I meant to mention that in my -- earlier. But, yes, that -- that Grimmett Lateral will be tiled within the 35 foot buffer in that -- in that common lot. Thus it has a 28 foot easement that's going to go along with that that restricts the landscaping in that. But it will be in the common lot and outside of the right of way. Hoaglun: Mr. Mayor, follow up? Meridian City Council Meeting Agenda June 2,2020— Page 111 of 263 Meridian City Council May 26,2020 Page 29 of 48 Simison: Councilman Hoaglun. Hoaglun: So -- and also -- so, your landscaping could -- could be done sooner like -- like you desire, if -- if all things, you know, move together as planned. Would -- would you also be putting in the sidewalk along that landscaping at the same time? Is that -- is that in your plan? S.Johnson: Commissioner Hoaglun, yes. The -- so, our intent -- you know, when we submit our final plat with our construction drawings, the improvements there will be part of the conditions to be built out. We will be required to tile that Grimmett Lateral and, then, landscaping on top of that with the sidewalk, depending on the timing we said earlier with ACHD's improvements, my -- my -- my hope is that if we are before -- if we were building this out before ACHD widens Eagle Road, I would hopefully work something out with ACHD that we build the sidewalk and landscaping to the west, so, then, that they can have -- we can have a nice clean edge to landscape to and have most of our improvements in and, then, they can build to that and it's -- right now it's proposed to be a detached sidewalk. So, it would allow them to do the work that they need at the -- at the appropriate time. Hoaglun: Mr. Mayor, another follow up. Simison: Councilman Hoaglun. Hoaglun: Yeah. Mr. Johnson, thank you for that information. Yeah. You know, I'm just concerned with the revenue stream forACHD and who knows if they can keep that within their five year plan, depending on how things keep flowing, but if you are able to move that project forward, I know I would like to see that landscaping and that sidewalk move forward as well and -- and not wait until Eagle Road gets expanded to allow that access point to the light and crossing, like -- like you would. So, would you mind if that was -- was a condition if we approve this? S.Johnson: Oh, not at all. I'm okay with that, Councilman Hoaglun. And I did -- I have pulled up the ACHD -- the ACHD staff report. It specifically states that -- let's see. If the Eagle Road widening project remains programmed for 2023 or sooner prior to ACHD's final signature on the plat, we will provide that road trust for the -- the widening of Eagle Road and the sidewalk abutting our site. If -- and, then, another condition is if -- if it -- that construction and widening of Eagle Road is -- is moved to a later date past 2023, then -- then, I'm -- then I should -- I have to build that five foot sidewalk and widen the road at that time -- or before the -- before the dedication of the right of way. So, if-- if this project gets pushed out because ACHD loses funding or something like that, then -- then worst case I have to do the improvements myself, if that all gets pushed out. Hoaglun: Thank you, Mr. Johnson. Bernt: Mr. Mayor? Meridian City Council Meeting Agenda June 2,2020— Page 112 of 263 Meridian City Council May 26,2020 Page 30 of 48 Simison: Councilman Bernt. Bernt: I just wanted to make sure with all of these common driveways, just wanted to make sure that the -- the Fire Department --just make sure that all our I's are dotted and our T's are crossed. If they have any questions or concerns. Just wanted to confirm. Simison: Deputy Chief Bongiorno. Bongiorno: Mr. Mayor and Council Member Bernt, yeah, we have met with the client and looked at the plans and we are okay with them. Typical emergency access, they will put some wrench activated bollards out on Eagle Road, so it won't be reused for traffic --foot traffic can still walk through like you have been discussing, but it will be closed to vehicular access. Bernt: Thank you, chief. Simison: So, deputy chief, related to that question, with the unknown timing of this project and the road project, if you can't access that emergency access because there is not a connection point because of the culvert, how does that impact that for this project? Bongiorno: Mr. Mayor and Council, then, they would be limited to 30 building lots, starting at the beginning of the subdivision and coming into it. They would not be able to build over 30 -- 30 lots -- have 30 building permits for that subdivision. Simison: Thank you. Dodson: Mr. Mayor? Simison: Joe. Yes. Dodson: Yes. Thank you. Mr. Mayor, Members of the Council, I just wanted to clarify that a little bit. I did also add a DA provision within my staff report that requires them to construct an emergency access to Eagle Road prior to receiving any certificates of occupancy, so -- to try and avoid this type of situation and Sam has agreed to that and we haven't had any -- any disagreement on that. Simison: So, that section will have to be tiled to a minimum of some sort. Dodson: From my understanding, yes, Mr. Mayor, that is correct. Simison: Council, any further questions or would anyone like to entertain -- throw out a motion to close the public hearing? Bernt: Mr. Mayor, before we go into the public hearing, I just -- I just wanted to express maybe like a couple of concerns. I don't know if the applicant wants to discuss or have -- maybe provide an explanation. One of my -- one of my concerns about this project is Meridian City Council Meeting Agenda June 2,2020— Page 113 of 263 Meridian City Council May 26,2020 Page 31 of 48 the parking plan. This is a -- this is a small development. I get that ten -- there is -- your -- you are constrained, there is no doubt, but because of that everything seems to be a little bit more dense and a little bit more on top of each other and in these small developments I think a parking plan, especially with these common driveways, it would be very helpful to know what that's going to look like. Another concern is the common driveways. They account for almost 30 percent of the lots provided for this project. That's a lot. That's -- that's -- that's quite a lot. So, that gives me a little bit of heartburn. And, finally, I --you know, I don't know if a tot lot is necessarily the --the answer to the amenities and I don't know if I'm necessarily going to pound that drum, but it would be really nice to see what that -- that -- that structure is going to look like. It could be fantastic, actually. It could be beautiful and it can look really nice and something that the community would use. It would just be really nice to see what that looks like. It -- you know, in some -- some of our sub -- parts of our subdivision we had those -- those covered amenities and after about five years they took them down, because they were just -- they were sort of dilapidated and didn't look very nice anymore. I'm not saying that yours are going to look this way, but it certainly would help my decision going forward just to know what those things look like. Just details. I feel like there is -- there is some details that are lacking in this -- in this project that would certainly help not only myself, but I'm -- I don't mean to speak for everyone else, but I -- I sort of -- reading the tea leaves I think there is some things that -- there is some details that are just missing. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I share some of the same concerns and I do think it's helpful to have the discussion. So, maybe the applicant could respond or -- you could think about a continuance or something. You know, usually my biggest hang up is the schools, which are incredibly overcrowded. Now we have data indicating that West Ada does have capacity districtwide. The timeline for this project would allow them to redraw their boundaries, which clearly we have urged them to do and that ball is in their court, but I -- I am struggling with -- like to me because it's so in-fill it is really just barely hitting the minimum requirements. I'm concerned about the parking plan. I definitely think we would need to see the sidewalk done along Eagle Road. The common lots are a concern for me as well, as well as the amenity. It just feels like barely meeting the minimum. It is not quite -- quite doing it for me without enough detail behind -- behind some more of the project. So, I'm struggling a little bit with this one. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think for the sake of the -- the applicant I will also chime in and -- and, Sam, one, I really appreciate you trying to engage with the neighborhood -- I guess to the north of you to try and find some resolution. I think that's showing that, hey, you are willing to try and get to the bottom and solve some of these things. But the comments that I have Meridian City Council Meeting Agenda June 2,2020— Page 114 of 263 Meridian City Council May 26,2020 Page 32 of 48 heard from my two colleagues are true with me. I --for those of us that have been on the Council a while, I have got like former Council Member Milam just sitting on my shoulder like pounding her fist, like this is the minimum, this is the minimum, this is the minimum and that's really what this feels like. Sam, you know Meridian is a community worthy of investment. That's why this project is -- has been identified for -- for you and your applicant friends. I appreciate that you have met the minimums. I just have some concern about if -- if we are going to really add these extra homes into our community, our communities has got to benefit both from those that live in and around the neighborhood and in our community at large and I just don't feel like that it cuts the mustard when it comes to that. I share Council Member Strader's concerns about the school impact. Again, we have heard from -- from parents that send their kids to Hillsdale, recognizing that this neighborhood would like to not send their kids to Hillsdale -- about the challenges of getting folks across Eagle Road and the challenges associated with that, which is why my comments about the sidewalk would have to be a requirement. I have got a lot of hang ups about this project. I'm not completely sold that it's the right project at the right time for this part of our community. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. There is a lot of concerns I hear that I share. My -- my struggle is a little bit differently from the perspective of, yes, it meets the minimums and is it enough. Then I -- then I look to us where we want to have a parking plan, you know, and I heard that it's not required, it's desired. I wish he would have brought forward a parking plan and we could have looked at it and discussed it. These are single family homes. They will have garages. They will have a parking pad. That does help. But it would have been helpful and I think we need to say it is required when it comes before us. The common driveways, yeah, they are -- they can be a nuisance and access to Public Works utilities, that sort of thing, and we allow six and maybe we need to clarify that unless it exceeds a certain percentage of the subdivision. I think Councilman Bernt brought that up, that it's this particular percentage and maybe that's too much for this size and -- and the amenity, you know, we talked about a tot lot, we talked about the thing -- how -- how do we make sure developers -- I think most of them want to play by the rules. They do that. But I think we need to be a little more specific then. If we want something to have that drawing -- that specific drawing and warranties or things like that, that -- that's -- that's where I'm just going -- I don't know if we are providing enough requirement when they come before us, because if they meet the minimum, yeah, it's the minimum, it's like my kids when they were in school, some classes they met the minimum -- you are not getting lower than a C on this course. I know it's hard for you. They met the minimum. Could they have done better? Probably. But, hey, they met the minimum. Well, I don't know what you do. So, that's my struggle is they -- they looked at the code, they meet the minimum. Would I have liked him to do more? Yeah. And as others have expressed. But I don't know if I can turn down -- other than, you know, putting in the requirement about the single story homes and what to do with the sidewalk if ACHD gets delayed, but that's -- that's my struggle right now. Meridian City Council Meeting Agenda June 2,2020— Page 115 of 263 Meridian City Council May 26,2020 Page 33 of 48 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I -- a great discussion. I think the added wrinkle on this and other -- the annexation applications is that exercise of discretion that goes with determining whether something is the right fit to -- to join our community and -- and amongst the concerns, which I agree with fellow Council Members, it sounded like it made sense to me that there is some additional detail that's desired to make that determination. At least I heard -- I heard a little bit about that and I tend to agree with that on some of the specificity, even if it's not required by code, but if it's helpful for Council Members to see the complete picture in order to make that discretionary decision, then, I think that's -- that's a wise path to go down. And also using what Councilman Hoaglun brought up about any area that we do have concern, the sooner we can provide pivots of clarity to our development community, if any of our standards need to be raised on a particular issue or adjusted or clarified, by all means let's do it quick, because he is spot on that we have to provide that direction clearly and early in fairness to anybody who brings an application to our community. So, I did hear those comments of concern with regards to the parking plan and -- and perhaps the amenity-- a couple of examples that there is a desire for some missing specificity that would assist and in that regard I agree. Simison: So,just to throw my two cents on is -- I have heard this Council and the previous Council speak about the minimum concern of open space, which is why we are undertaking that open space conversation right now. To Councilman Borton's point, I do think that that has been clearly articulated out to the development community that while there is a minimum, there is a viewpoint that the minimum may not be good enough from that standpoint. So, that -- I think that's been out there, but it is current code from that standpoint. I guess the question for Council -- this is just more information with two --two weeks to give the applicant, if they would like that, time to gather information back or are there any fundamental flaws with the overall development that you would like to see addressed further? Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Before we go down that, I just wanted to comment really quick, Members of the Council. The street sections in this are all 33 feet wide, which would allow parking on both sides of the street. So, you know, minus the -- each lot is no less than 50 feet wide as well, which is more than the minimum in the R-8 zoning district. There is at least parking for two in front of each home on the street. So, that's part of the reason why I did not request a parking plan, because usually when we have 33 -- 33 feet wide parking -- or street sections we do not -- you are not pushed for that, just because it's assumed that there will be enough. I do hear Council Members' comments about the common drives. Agreed, those do get a little tighter and you are going to have issues there. But I just wanted to make a comment on those streets sections there for you. Meridian City Council Meeting Agenda June 2,2020— Page 116 of 263 Meridian City Council May 26,2020 Page 34 of 48 Strader: Mr. Mayor? Simison: Oh, Council Woman Strader. Strader: Just a quick follow up. You know, would you be able to make a determination about the adequacy of the parking if -- if you don't have anymore detail? I guess my concern is the common lots, if I'm just eyeballing it and I have a concern about them in general, but if I am just looking here it seems to me like the parking would be really tight because I don't think those common lots are as wide as the street. If you could -- if you have further comments or if you need more information. Dodson: Council Woman Strader, Mayor, Members of the Council, so those -- generally those common drives are a no parking zone per Fire. They do not want people parking on them. They are only 25 feet wide from what I see on the plat. But each home will have its own parking pad, as well as their garage minimum requirement based on their bedroom count. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Yeah. Mr. Mayor, Members of the Council, in listening to your concerns about the open space and the amenities there, you know, that is why oftentimes we do see what they intend to build and, again, I don't have any concern with Mr. Johnson specifically, but we have had in the past where we weren't specific, so we couldn't include it in the DA and so what you got was not what you anticipated. We had one once -- it's been a number of years, but they indicated they would put in a horseshoe pit and a barbecue and what they put in were two pieces of rebar in the ground and a -- and a non-commercial grade barbecue chained to a pole. So, without some way to put clarity for staff in a development agreement, there is no way that -- for them to do anything with whatever comes forward and we have seen -- I think it's been alluded to -- occasions where the type of shade structure they want to build really looked like a metal awning and that isn't something staff would normally approve necessarily. So, I echo your concerns without some specifics on whatever they are going to do in regards to their amenities to make some clarity so we can include that in the development. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. We haven't closed the public hearing yet. Would it be possible I could ask Mr. Johnson a question? Simison: Yeah. I have been waiting to bring him back up to provide feedback to all these comments, so go ahead. Meridian City Council Meeting Agenda June 2,2020— Page 117 of 263 Meridian City Council May 26,2020 Page 35 of 48 Hoaglun: Mr. Johnston, I was just curious, now that you have heard our conversation, what are your thoughts to the subject matter and possibly taking another look at this a couple weeks from now to -- to address our concerns? S.Johnson: Councilman Hoaglun and Mayor and Council, I appreciate all the concerns and -- and comments. And, again, I apologize for my very -- very white voice, but I just can't get rid of it tonight. The -- as a developer -- you know, I'm developing another property right now currently that is -- that goes above and beyond the minimums and -- because the property allows for that and -- and I guess as a developer coming in and seeing what is allowed and what's not allowed, there is -- there is -- there is a minimum and so you design and work toward meeting that minimum and making sure that everything's okay, that -- that it would work within the code allowed. So, I understand the concerns. You know, I have said earlier this -- but, then, I think that there is some details on -- that are being discussed that, frankly, I thought were -- would be just dealt with on staff level during the approvals. You know, streetlights, for instance, we don't talk about streetlights, because that plan gets approved by -- by Public Works and staff and the condition that I have off-street parking is required and provided to meet -- meet the code. That's -- that was -- that's my plan and make sure that that is provided for and that detail gets worked out to meet that standard, to meet that condition. If I don't meet the condition of the code, then, I can't move forward with approvals from -- for construction. So, understand that, yes, I feel like I should have brought more detail here, obviously, to help ease some of your concerns and if we want to get specific about the shade structure and the number of picnic benches and the size, I'm happy to do that, because I want to have a -- a community that is worth building, it is not something that's just built out and -- and one and done and move on and just blow through it. I want something that's going to be an asset to the -- to the community. Early on -- I will back -- back up. Early on in my design process here we reached out a couple of times to Boise Hunter Homes to see if we could be a part of their HOA and part of their amenities and we would pay for our pro rata share of their amenities and -- and whatnot, because we are surrounded by them, might as well be a part of their HOA, contribute to their fees and to their -- their upkeep and -- but we weren't given that opportunity. So, to try to come in here -- to try to come and -- and provide a development that meets the standards, yeah, it might be minimum. I get that. It still meets the standards. It still meets the code and if the code is -- if the minimums in the code are -- are not desirable, then, by all means change them and -- and we will -- as a development community will abide by those minimums and by those codes. But I feel like this isn't--this isn't a --this is a fairly straightforward project, because it is surrounded by residential and trying to put all the pieces together to make sure that this all fits together and meets the code, that's our intent, you know, and we don't want to be minimalists here. I want to provide something and so if we need to get into specifics here tonight, happy to do so, and -- but I believe that, you know, we have played by the rules, like it's been said earlier. We have presented something that is -- it meets those rules. So, we feel like we have done what we -- what we can and what we need to and -- and, sure, it's not a -- a super creative project and I get that, but it is -- meets the code. Hoaglun: Mr. Mayor, follow up. Meridian City Council Meeting Agenda June 2,2020— Page 118 of 263 Meridian City Council May 26,2020 Page 36 of 48 Simison: Councilman Hoaglun. Hoaglun: Mr. Johnson, you had mentioned that you might have had a drawing or a picture or something of the -- of the shade structure. Is that something you have available? I mean we are talking about, you know, the amenity and that's -- that would be it. There has been an issue of discussion about -- about common driveways and the parking plan, which we just now found out that the streets are -- are the wider options, which allows some, you know, adequate parking to -- to a degree, we would like to have a little more -- you know, just a visual of that to make sure. But for the parking -- for the amenity, if you have some, I would like to see that. S.Johnson: I don't have anything specific picked out at this point. I can show you what we have just -- we have plopped on as the landscape architect to put on what a 15 by 15 would look like on the site and I can show you. It looks about the same size as one of those trees. If I could share my screen here. Johnson: Mr. Johnson, it will take one moment for me to switch the address and give you that. S.Johnson: You know-- and -- so, again, if a tot lot was required I -- typically at this stage of the game we are not sure -- we are not asked to see what the specific tot lot looks like, but the -- are there swings, are there -- how tall is the slide, how many slides, how many rock walls, is there a rope, is there, you know, a jungle gym. That typically has not been required at this stage, so I didn't expect to need to have that decision already made at this point in the game. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I respectfully disagree. I mean I think -- I think it's rare that we don't have that information. And I personally -- and I don't -- you know, asking just to see what it looks like for verification, honestly, is something that's one hundred percent within your purview and I don't think -- I think it's a reasonable ask. I don't think that it's anything that's abnormal or something that hasn't been done before. I can honestly say of all of the applications I have heard I don't consider myself a new Council Member anymore, but I would say the vast number of applications we hear for land use have demonstrations and examples, if not the exact design elements of what these -- these -- these amenities look like and I -- and I do think it's important, because community is important and I -- you know. So, I don't mean to get my feathers ruffled too much here, but I do feel like what we are asking is -- is quite reasonable. Simison: So, I'm going to go back to Mr. Johnson and maybe the question. Would -- would a continuance two weeks to allow you to bring back some of this additional information for Council -- be supported by yourself if a motion were made in that fashion? Meridian City Council Meeting Agenda June 2,2020— Page 119 of 263 Meridian City Council May 26,2020 Page 37 of 48 S.Johnson: Had to make sure I was unmuted. Mr. Mayor and Council, absolutely. If that's -- if this is something that the Council would like to see, absolutely willing to do that and whatever your -- whatever you would like to hear it. Simison: I'm not great at math, but I did hear, but three seemed to indicated a desire out of the five. So, Council, would anyone be wanting to make a motion? Or is there anything else that you would like the applicant to consider before going down that road? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I do think it's helpful for a little bit of context just to respond to one of the comments. You know, I -- I appreciate that we have our code and we have the UDC, but part of the context of what we are going through as a community is we just revised our Comprehensive Plan and we just started our whole process of kicking off our UDC and our standards for open space specifically, as the Mayor mentioned, are a big focus for us. So, part of what we are trying to do is go about this in the right order, but we have really been taking a look at whether we have the bar high enough. I'm just speaking for me, would really appreciate if you could come back to us with some more information to try to help us feel like this is really going to fit in well with the community, that the amenities are going to look great with where they are going and that the parking will be adequate and I think that would go a long way, particularly in -- in an area where we already have concerns about the schools, et cetera. Simison: Council, would anyone like to make a motion? Hoaglun: Mr. -- Simison: Councilman Hoaglun? Hoaglun: Yes, Mr. Mayor, I move that we continue the public hearing for McKay Farm Subdivision, H-2020-0030, to the date of -- I don't have a calendar in front of me. What's two weeks? Johnson: June 9th. Hoaglun: Thank you, Chris. June 9th. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Chris, before we -- before we have a second on that motion, what does that day look like? I don't have the agendas in front of me right now. I would have to look at my e-mails. But do you have those in front of you, Chris? Meridian City Council Meeting Agenda June 2,2020— Page 120 of 263 Meridian City Council May 26,2020 Page 38 of 48 Johnson: I have them very close. Just one second. Mr. Mayor, Mr. -- Council President, you have two public hearings on Victory Commons and Cedar Brook Subdivision. Hoaglun: Mr. Mayor, since I made the motion, can I ask Chris, is -- is there a less busy date sooner or later? Johnson: Mr. Mayor, Councilman Hoaglun, on the 2nd of June is less on land use public hearings, but there are two public hearings on ordinances you have the first reading of tonight and I do not have a draft beyond the 9th at this time. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think the 9th will be fine. I don't project this to be relatively complex when we -- when we discuss it again. I think the 9th would be okay. Simison: As long it gives the applicant enough time to gather the information and present it. That's I think the key. Bernt: True. Simison: I'm still waiting for a second or we will have -- Borton: Second. Simison: Okay. I have a motion and a second. 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, absent. Simison: All ayes. We will move that to the 9th. Thank you, Mr. Johnson. Appreciate you being here tonight and look forward to you coming back shortly. Bernt: Thanks, Sam. Good to see you, man. S.Johnson: Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Council, It's 8:05. 1 typically try to do breaks. I'm going to turn to you all for -- the ordinance readings should go fairly quickly, but it's the Item 10-A, I don't know how long you would like to go. Would you like to take a break for a few minutes or do you want to push through? I'm getting one push through -- keep going? Meridian City Council Meeting Agenda June 2,2020— Page 121 of 263 Meridian City Council May 26,2020 Page 39 of 48 Item 9: Ordinances [Action Item] A. First Reading of Ordinance 20-1881: An Ordinance of the City Council of the City of Meridian, Approving the First Amendment to the Meridian Revitalization Urban Renewal Project Plan, Which First Amendment Seeks to Deannex Certain Parcels From the Existing Meridian Revitalization Project Area; Which First Amendment Amends a Plan That Includes a Revenue Allocation Financing Provision; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: Okay. With that we will move to ordinances, 9-A, a first reading of Ordinance 20-1881, and turn this over to Adrienne or Chris. Weatherly: Mr. Mayor, I will go ahead and start with the first reading of Ordinance 20- 1881. An Ordinance of the City Council of the City of Meridian, approving the first amendment to the Meridian Revitalization Urban Renewal Project Plan, which first amendment seeks to deannex certain parcels from the existing Meridian Revitalization Project Area; which first amendment amends a plan that includes a revenue allocation financing provision; authorizing the City Clerk to transmit a copy of this ordinance and other required information to the county, affected taxing entities, and state officials; approving the summary of the ordinance; and providing an effective date. Simison: Thank you. This is the first reading of this ordinance. It will be on next week's agenda. B. First Reading of Ordinance 20- 1882: An Ordinance of the City Council of the City of Meridian, Approving the Urban Renewal Plan for the Union District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: Item 9-13, the first reading for Ordinance 20-1882. 1 will turn this over to Adrienne. Weatherly: Thank you, Mr. Mayor. This is the first reading of Ordinance 20-1882. An ordinance of the City Council of the City of Meridian, approving the urban renewal plan for the Urban -- excuse me -- for the Union District Urban Renewal Project, which plan includes revenue allocation financing provisions; authorizing the City Clerk to transmit a copy of this ordinance and other required information to the county, affected taxing Meridian City Council Meeting Agenda June 2,2020— Page 122 of 263 Meridian City Council May 26,2020 Page 40 of 48 entities, and state officials; approving the summary of the ordinance; and providing an effective date. Simison: Thank you, Adrienne. This item will also be on next week's City Council agenda under second reading. C. Ordinance No. 20-1883: An Ordinance (H-2019-0121 — Bach Storage) for Annexation of a Parcel of Land Situated in the Southwest 1/ 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.999 Acres of Land From RUT to C-C Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Item 9-C is Ordinance No. 20-1883, which is a little bit longer. Turn this over to Adrienne. Weatherly: Thank you, Mr. Mayor. This is Ordinance No. 20-1883, an annexation H- 2019-0121 , Bach Storage, for annexation of a parcel of land situated in the Southwest 1/4 of Section 4, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment "A" and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of 0.999 acres of land from RUT to C-C (Community Business) zoning district in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anyone that would like it -- like it read in its entirety? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't see anybody raising their hand, so I would move that we approve Ordinance No. 20-1883 with suspension of rules. Meridian City Council Meeting Agenda June 2,2020— Page 123 of 263 Meridian City Council May 26,2020 Page 41 of 48 Borton: Second. Simison: I have a motion and a second by Councilman Borton to approve Ordinance No. 20-1883 under suspension of the rules. All those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Department/Commission Reports A. City Council Discussion: Potential Liaison Assignment to West Ada School District Simison: Item 10-A, a City Council discussion. I'm going to turn this over to Council President Bernt. Bernt: Thank you, Mr. Mayor. I appreciate that. There has been some recent discussion regard to a liaison role, a representative from the City of Meridian, whether that's a Council Member or whatever -- that would be a liaison to the West Ada School District. My -- I believe that came up either last week or the week before by Councilman Cavener, but I know that there has been other discussion as well by other Council Members. So, I just wanted to bring up this topic and have an opportunity to discuss what this liaison role looks like and what the responsibilities would be. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm happy to chime in. I have put a little thought to this and this came from -- Council President Bernt to your point -- I think there has been a lot of Council Members that have been inquiring. It's been no secret that we have had I think more robust conversations with the school district probably in the past six to nine months than we have in the past number of years, which I think is a -- a benefit for both bodies and it's a win for our citizens. What kept coming up kind of time and time again is this loss of information that our -- our communication with the district is somewhat formal in nature. We request information. They may or may not provide it and sometimes what gets missed in some of the subtext, either of our request or what's going on, and I know that -- that many of us -- perhaps all of us have some level of engagement or another with members of the West Ada trustees. My thought was -- and I know that at least another Council Member had inquired -- and Jessica is not here to chime in -- is that to maybe create a better flow of information, so that all of our information is kind of being concentrated between a couple of individuals, so things don't get lost and the information can remain consistent. I know I'm -- in conversations with you guys at lunch or a coffee with the Mayor, will say, oh, talked to somebody at West Ada and I heard this and you say, oh, well, I talked to somebody at West Ada and I heard that and sometimes the information, while well intended maybe, just gets lost in translation and this might be able to create a better Meridian City Council Meeting Agenda June 2,2020— Page 124 of 263 Meridian City Council May 26,2020 Page 42 of 48 approach for us to receive more consistent information and to maybe create a little bit more of a formal process of how we engage with them outside of sending kind of our standard letters. That was my thought. And, again, for me if this is something that we want to do now, we want to do later, or don't do at all, I think it's -- either option is okay. I'm excited that we have got a new staff member that will come on that will help to alleviate some of this. As I mentioned earlier, I think our personal communication engagement with the trustees is at an all time high. So, I think maybe with time some of these things would be resolved as well. I was just wanting to advocate that I -- you know, I think sometimes we do a really good job as a body of saying if there is a Council Member that's interested in something, let's at least talk about it, let's noodle on it, let's come up with a decision and we can go from there. Bernt: Yeah. I -- I don't disagree with any of those points. I know that the Mayor and I have had, you know, more discussion within the past two weeks than -- than we have in the past, you know, three years for sure. So, I understand your -- your -- your talking point, Council Member Cavener. So, I mean -- I guess going forward I mean would this -- is this a City Council Member that's going to attend City Council meetings -- or, excuse me, West Ada meetings? I know they meet the same night as us. So, that might be a hair difficult. Is this something that may be scheduled -- you know, maybe once a month, you know, our liaison maybe with a representative from West Ada breaks bread and -- and shares that information with us as a body. As you said, you know, we will have a planner in place hopefully very soon, so what does that look like? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Or maybe a question for either you or Council President Bernt. I know that you, both had a meeting with the -- with Trustee Smylie and with Trustee Klopfenstein. Did this topic come up amongst the four of you? And the reason why I ask is if this is something that the -- the trustees don't have the capacity -- and I would completely understand that, again, we are all essentially volunteers and many of us have regular schedules that maybe would prevent this from occurring. I didn't want to send us down this kind of rabbit hole if there isn't somebody on the other side of West Ada that would be interested in doing this. Bernt: Good -- great question. Cavener: Or have the ability to do it I should say. Bernt: Right. Great question. So, we did meet with the two trustees about a week, week and a half ago, two weeks --fairly recently. We have another meeting scheduled I believe for Friday -- or some -- I know that there was some back and forth today. And to answer your question, yes, we did ask them what their level of interest was in regard to a liaison role from Council and they were open to it. They were going to go back and have that conversation amongst themselves and have -- discuss it further. Meridian City Council Meeting Agenda June 2,2020— Page 125 of 263 Meridian City Council May 26,2020 Page 43 of 48 Cavener: Okay. Simison: Well, it -- so, this is the interesting part, because we were both on that same call and I heard something different from them. I heard one of their council members say exactly the opposite, that they don't feel like they have the time to invest in this, that this is not in their priority, and so I think that you are -- you are going to get a different answer from different people based upon what you want to do and to this -- now, I'm just going to speak from my comments on that call is I said I don't know what Council's vision is and so I think that what you decide and what you want to do and how you are going to do it probably impacts the response you are going to hear from them about their element and I'm only speaking for one of them where they said you guys actually get paid to do the work, they don't. So, taking on additional responsibility for one of them was like -- I'm not going to say no, but it's not something I'm signing up to do in this call by any stretch of the imagination. So, I think defining what your -- what you want and your expectations will help them determine whether or not they may want something similar or not and with whom. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think from my perspective the number one priority is the flow of data from West Ada and their plans to us and I -- and I actually feel like the right first step -- I'm very encouraged, you know, that at a leadership level you are having discussions with them directly, that the Council President is having discussions, and I wouldn't want to change that. Like I think that having people who can speak with authority, that have a good grip on the consensus of our group is important, so I don't want to disrupt that information flow. I do think the most important first step would be -- I'm hoping they really buy into the idea that we are dedicating a planner to help work with them and that -- and really if we can get that individual to start getting a great working relationship with them that to me is the most important aspect of it, so that we have better information about their enrollment and their capacity and their expansion plans and projections. I would love to give that a try and, then, come back to this discussion if we really feel like we are not getting what we need. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to follow up on that, that was my thinking as well, what Council Member Strader just said, was I -- I'm not opposed to having the -- a potential liaison assigned to West Ada, but I would like to see how this staff person works with West Ada and the information they get and just give that a try and not that it would preclude us from doing this later on, but just -- just to see what -- what -- what fruit that brings back to us in this process. So, it's just one of those things that I'm really interested in seeing that and appreciate you, Mr. Mayor, bringing that forward as a -- as a potential solution to try to Meridian City Council Meeting Agenda June 2,2020— Page 126 of 263 Meridian City Council May 26,2020 Page 44 of 48 enhance the information flow to us, because the decisions we make do impact them. So, yeah, I'm just kind of more of a wait and see mode to see how that plays out. Simison: And I will say from the call that we had I think that there -- at least at the trustee level there was a real desire to -- they understood hearing the information, again, what it is that we are looking for and want to be part of helping that occur. Obviously, this will be a staff -- a staff level when that comes on and it will be that -- need that buy in as well, but I have committed to working with the superintendent to help make sure that that is occurring and -- her and I have not talked about this since COVID in any real meaningful way and she was not part of this conversation, so that's where this next phase of this communication will be occurring for the meaningful part. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: And to piggy back on your comment, I -- after -- after speaking with the trustees think that I'm -- I'm fairly confident they understand the urgency of what we are talking about and I think that they have listened to our meetings and they understand that -- the information that we are wanting to hear and, honestly, I think that we are just being proactive, you know, and I think that they understand that -- that we are reaching out to them in good faith and wanting information that will honestly, when we get it -- and I understand that information is somewhat complicated and I know that -- that they are working on it to make it less complicated and that -- that information is only going to help out the citizens of Meridian and I think they understand that. So, I'm grateful for the trustees and for the time spent. I'm grateful for the time spent going forward and, again, I'm confident that -- that something fruitful will come from these discussions. There is no doubt. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I love the conversation and -- and I think maybe, then, the liaison piece might be getting a little too ahead of our skis right now with everything else that's going on, but maybe a request for this follow-up meeting is them coming up with a better plan to give us some type of transfer of knowledge about changes to capacities in schools -- Bernt- Right. Cavener: -- I think it can be frustrating for us as Council that we hear about changes that are happening in the school district from the development community and not from our trustees and -- and hearing from them, especially with -- even there is ideas that are being conceived, I think that's very very helpful for us and so until we get this staff member coming on, some type of an approach that they feel there is a flow of communication either to -- here is a monthly update to staff or a quarterly update to staff or to Council, Meridian City Council Meeting Agenda June 2,2020— Page 127 of 263 Meridian City Council May 26,2020 Page 45 of 48 just that we can be better kept in the loop and -- and if there is things that they want to hear from us, that we work to provide that to them as well, because it should be a two way street. It shouldn't just be trustees give us all this information and, then, we take it and run. It should be a full conversation both ways. Simison: Well, I'm not going to speak for your Council President, but I do believe that he is engaged in this conversation and is a de facto liaison and I believe that their board trustee president is also committed to the conversation. So, I think you have got a good communication point of occurring right there. It was not that formalized or whatnot moving forward. Cavener: Second. Simison: It appears -- it appears that that conversation is occurring. Bernt: And Mr. Mayor? Simison: Councilman Bernt. Bernt: Councilman Cavener, one of the questions that we asked them was exactly what you just stated almost verbatim and so, you know, the ball is sort of quasi in their court, you know, and they didn't say no and they were -- they were receptive and so I wrote down your information in regard to like a monthly or a quarterly update until our planner is -- a position is on board and so I will -- we will discuss that -- I will discuss that with him on Friday as well. Cavener: And Mr. Mayor? Simison: Councilman Cavener. Cavener: To that point I think starting those reports will also help to frame some of the things that are key priorities for the Mayor and Council for this new person to really embrace once they have got their feet underneath them in this new role. Simison: Yeah. So, I just want to, again, put realistic expectations. You are talking to two trustees, not the superintendent and not to staff. Bernt: It's a process. Simison: So, any -- any conversations we are having where requesting has multiple layers, because it's got to go through even at the district before anything may or may not be prepared, which is why I have always gone back to us having a staff member will get you the information -- Bernt: Right. Meridian City Council Meeting Agenda June 2,2020— Page 128 of 263 Meridian City Council May 26,2020 Page 46 of 48 Simison: -- that you desire. But we will do our -- we will continue the conversation and see where it leads. Bernt: Ditto. Simison: Councilman Borton, any words of wisdom? Item 11: Future Meeting Topics Simison: Okay. With that we are to Item 11. Any items of future meeting topics? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have a suggestion about a future meeting topic and I would like to feel out my fellow Council Members a little bit if they would like to put that on a future agenda. You know, recently being new to Council I have discovered that occasionally we have an applicant who is an LLC. LLCs are very common legal entities in real estate. I own several LLCs. There is not an issue with that. But I personally think it would be helpful to have at least some information about significant underlying beneficial owners of LLCs, so that I could establish for myself if I have a conflict of interest. To me just knowing that there is an LLC, especially a nondescript one, isn't enough information and I just think, you know, for the sake of being able to, you know, kind of get that minimum information that exploring that with the Legal Department to see if there is a way to get that information without violating fair housing laws would be of interest and I wanted to check if my fellow Council Members would be interested in that, exploring that for a future meeting topic. Simison: Yeah. And when I spoke with the Council Woman Strader on this topic the real question is how can you declare a conflict if you don't know who you are talking to. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: The purpose of the request itself makes it certainly appropriate for some continued discussion. Anything that we can explore that improves transparency in how we do our business and can provide greater opportunity to avoid even unforeseen conflicts and disclose them, be aware of them earlier, then, by all means it seems to be rooted in a great purpose. So, some future exploration on what it might mean in a future agenda sounds wise. Simison: And perhaps we could have Mr. Nary prepare some information on this topic that can be discussed and what it means. Nary: We can do that. Meridian City Council Meeting Agenda June 2,2020— Page 129 of 263 Meridian City Council May 26,2020 Page 47 of 48 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Either a potential topic or maybe a -- something -- again, I don't know if it could be addressed or if we would want to address it administratively. I have heard from some citizens -- and maybe you have, too, with some concerns about individuals with mobile sales licenses coming to their door without wearing masks and they are concerned about that. It's -- frankly, it wasn't something that I was even thinking about and I don't know where the governor is headed in terms of easing restrictions, if it's a moot point, or if that's something that we would want to discuss during this COVID-19 crisis, requiring those with mobile sales licenses to be wearing a mask, if we don't want to require them to wear a mask -- it was something that just -- I heard from -- from three different folks this week inquiring about our process on that and I offered that I would at least bring it up to the Council level to see if it's something we wanted to discuss. Simison: So, my recommendation would be to maybe, again, have Deputy Attorney Kane provide a written information to you all about what that would entail if you want to go down that road, because to my knowledge there is no -- nothing like that is put out there by the governor and so it would have to be a local action. Cavener: Mr. Mayor, that's my understanding as well. I just didn't know if that was something that we even wanted to discuss. You know, what I had shared with those citizens is that I felt like that we are more on the downhill run in terms of the requirements at the state level, provided I thought some suggestions to those individuals that they could do to mitigate it on their own, i.e., not opening the door, but at least two of them persisted that they wanted at least, you know, the Council to at least be aware of their concerns and see if there was anything that we wanted to do about it and, honestly, I don't have an opinion either way, I just -- I brought it up in case that was something that we did decide we want to run with. Simison: I don't want to go into the conversation, but I think that, you know, we start with the information we will provide to Council and, then, if we get further direction to add it on we can go from there. Cavener: Okay. Great. Thank you. Nary: We can do that. Hoaglun: Mr. Mayor, just a comment on that. I think that information will be helpful and maybe, you know, attorney -- the attorney could also make sure they don't start their opening line if they have to wear a mask -- I'm here to see if you would part with some money. That would not be a good opening line. Simison: Council, anything else under future meeting topics? If not, I will entertain any other motions you would like to make for the evening. Meridian City Council Meeting Agenda June 2,2020— Page 130 of 263 Meridian City Council May 26,2020 Page 48 of 48 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor -- Horton: Second. Simison: I have a motion and a second to adjourn the meeting. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. Have a good evening, everyone. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 2 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda June 2,2020— Page 131 of 263