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HomeMy WebLinkAbout2020-09-15 Regular Meeting Item#1. Meridian City Council September 15, 2020. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 15, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton and Treg Bernt. Also present: Chris Johnson, Bill Nary, Joe Dodson, Warren Stewart, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE: Liz Strader Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the record it is Tuesday, September 15th, at 6:00 p.m. We will begin tonight's meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item on the agenda is the Pledge of Allegiance. If you will all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Our next item on the agenda is our community invocation, which will be led by Pastor Troy Drake with Calvary Chapel here in Meridian. If you would all, please, take this as an opportunity to join us in the invocation or take it as a moment -- for a moment of silence at this time. Pastor Drake. Drake: Mr. Mayor, Council Members. Let's pray. Lord God, I was just reminded that your Word says that you have made both heaven and earth. That and everything in them are yours. And you also said you will bless those who have a humble and contrite heart and so, God, I just come before you with those things in mind and in humility and just, first of all, Lord, thank you so much that you have created us and made this place in this time for us to live and -- and, God, we are so thankful for Meridian. The great things about this city and -- and -- and, God, we are just asking for you to protect our community, especially with all the -- the fires going on here in the northwest. We ask that you would protect those who are keeping us safe, whether it's in firefighting or the --the local first responders Page 4 Meridian City Council Item#1. September 15,2020 Page 2- — and our police officers, those who -- who care for us and -- and keep the peace and we do pray for peace in our city, God, but it's the upheaval in our world. We pray for our citizens here that -- that we would just be mindful of you and to love our neighbors as ourself. So, God, lastly, I just want to pray for the Council meeting and we are thankful that we get to just seek you for them and that you would give them great wisdom, that, Lord, it seems like you don't think any matters are too small and so I just pray for all things that they will discuss on behalf of our -- our city and that you will bless them as they have just agreed to be our elected officials. So, thank you so much, God, for them and pray that you would give them a lot of grace, in Jesus name, amen. ADOPTION OF THE AGENDA Simison: Council, next item on the agenda is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the agenda as presented. Cavener: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 1, 2020 City Council Work Session 2. Agreement Between City of Meridian and Meridian Chamber of Commerce for Idaho Rebounds Funds 3. Interagency Agreement Between Ada County Highway District and the City of Meridian for Roadway Construction and Water and Sewer Construction at Eagle Road and Victory Road to Amity Road 4. License Agreement Between the Nampa and Meridian Irrigation District and the City of Meridian for the South Slough Pathway 5. License Agreement Between Nampa and Meridian Irrigation District and the City of Meridian for the Twelve Oaks Pathway and Pedestrian Bridge Page 5 Meridian City Council Item#1. September 15,2020 Page 3 of 34 6. AP Invoices for Payment 09-09-20 Special - $51,840.96 7. AP Invoices for Payment - 09-16-20 - $1,039,900.07 Simison: Next item is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second the motion. Simison: I have a motion and a second from Councilman Cavener to adopt the agenda -- or approve the Consent Agenda. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, we will move on to the public forum. Mr. Clerk, did we have anyone signed up under this item? Johnson: Mr. Mayor, yes. Chev Campbell. Simison: Mr. Campbell, if you would come forward you will be recognized for three minutes. Campbell: Yes. My name is Chev Campbell. And I'm here to talk about the Jocelyn Park Subdivision. Is this the proper time for me to do that? Johnson: Mr. Mayor. Mr. Campbell, actually, I'm sorry, the forum -- you signed up for the public forum and I -- by the note I thought this was something else. So that is coming up on the agenda -- Campbell: Okay. Johnson: -- so, we will call your name then. Page 6 Meridian City Council Item#1. September 15,2020 Page 4- — Campbell: All right. Thank you. Simison: No one else signed up under the public forum? Johnson: That is correct, sir. RESOLUTIONS [Action Item] 8. Resolution No. 20-2229: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Steven Yearsley to Seat 4 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Simison: Okay. All right. Then we will move on to Item 8, a resolution. Council, what you have before you is a resolution to appoint Steven Yearsley to the Meridian Planning and Zoning Commission. We did have a vacancy recently for a position that is through January of this year. When I looked at the survey results from the community and saw how important the topic of growth and planning an zoning is, I thought it was really important that we make sure we get the right person to serve on Planning and Zoning. In addition, when I looked at the makeup of the current Planning and Zoning Commission -- Perreault: Mr. Mayor. Simison: Council Woman Perreault. Perreault: You are cutting in and out. Simison: Okay. Let us reduce the volume in this room. Cavener: We are close. We can hear you. Simison: In addition, south Meridian was -- really does not have anybody on the Planning and Zoning Commission from south Meridian, so it's important to me that we find the right person and Mr. Yearsley, who has got plenty of experience, agreed to come on and serve at least through January, which should give us time to find, hopefully, the person that will represent this community in the way that the needs are and be from that part of our community to have a well balanced commission. So, with that I bring this forward to you for consideration. Be happy to answer any questions you may have. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to let you know you are kind of fading in and out. I think we got the gist of it. I know it's hard to get it -- get it right with the microphones, but I would say we are Page 7 Meridian City Council Item#1. September 15,2020 Page 5- — getting about every other word and it's very faint. I also don't have video as well. Simison: Well, it's our goal to keep you in the dark tonight, so -- Strider: That's okay, Mr. Mayor, we will survive. We will make it through. Simison: Just to reiterate, Steven has experience. He's agreed to serve temporarily through January at least, which will give us an opportunity to look for someone else from south Meridian that meets the expectations of where our community is as it relates to Planning and Zoning. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm certainly supportive of this recommendation. I'm just curious, it sounds like, then, maybe you and Mr. Yearsley at least discussed maybe serving in addition past that time in January when the appointment is up or is this really designed to be a temporary piece while we find a more permanent solution from south Meridian? Simison: I took what I could get for now, which was through January, and I think he has to figure some things out on his end as well if he would even consider wanting to go further. Cavener: Great. Hoaglun: Mr. Mayor? Perreault: Mr. Mayor? Hoaglun: Go ahead, Jessica. Simison: Council Woman Perreault. Perreault: Well, I would like to say I had the pleasure of serving with Mr. Yearsley on the Planning and Zoning Commission and he was a fantastic commissioner and a huge asset to the city. So, thank you, Steve, so much for being willing to do this in the interim. I appreciate it. I know all of the Council appreciates it and you are a fantastic leader on that commission and I am secretly hoping and praying that you will stay for another term. Simison: Thank you. Councilman Hoaglun. Hoaglun: Well, Mr. Mayor, I agree with what's been said about Steven. He certainly serves this community well and loves this community and appreciate him taking the opportunity to fill this seat for--for a short time and hopefully longer, but we will see. And I -- with that, Mr. Mayor, I would move we approve Resolution No. 20-2229, appointing Page 8 Meridian City Council Item#1. September 15,2020 Page 6- " Steven Yearsley to Seat 4 of the Meridian Planning and Zoning Commission. Cavener: Second the motion, Mr. Mayor. Perreault: Second. Simison: I have a motion and a second to approve Resolution No. 20-2229. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. Thank you very much. And he will start work on Thursday. MOTION CARRIED: FOUR AYES. TWO ABSENT. ACTION ITEMS 9. Public Hearing for Jocelyn Park Subdivision (H-2020-0067) by Bonnie Layton, Located on the South Side of W. Victory Rd., Approximately '/4 Mile West of S. Meridian Rd. A. Request: A Preliminary Plat consisting of 67 single-family residential lots and 7 common lots in an existing R-8 zoning district. Simison: Okay. Our next item on the agenda is Item No. 9, a public hearing for Jocelyn Park Subdivision, H-2020-0067. I will open this public hearing with staff comments and turn it over to Joe. Johnson: Mr. Mayor, my apologies. If I can let Council Women Strader and Perreault know, I just sent the hearing outline. I accidentally did not send that earlier, so it is in their inbox right now. Simison: Thank you. Joe. Dodson: Thank you, Mr. Mayor, Members of the Council. Can everybody hear me okay? Okay. Good. Thank you for having me tonight. As stated, this lone application tonight is for Jocelyn Park Subdivision, H-2020-0067. The site consists of 12.675 acres of land, currently zoned R-8 and is located on the south side of West Victory Road approximately a quarter mile west of South Meridian Road. Adjacent to this site is residential in all directions and zoned residential. To the northeast -- well, I should say to the northeast is the only county enclave left and was recently heard for comp plan map amendment. To the west is Timberline Subdivision that is currently being built in two phases and is zoned R-8 and the subdivision to the east is Meridian Heights and is also zoned R-8. The subject property was annexed in 2013 as part of a larger area known as Victory South. There is an existing DAassociated with this annexation and property, but the requested application and the recorded DA do not require modification, as the proposed development is consistent with the provisions contained within the agreement. In addition, a preliminary plat was approved for this property in 2018 for the same title plat name, Jocelyn Park. The existing plat is set to -- set to expire in December of this year. The current developer Page 9 Meridian City Council Item#1. September 15,2020 Page , - " wishes to obtain approval of a new plat with higher density more in line with the dimensional standards of the existing R-8 zoning. The proposed development is located in an area of the city where low and medium density residential developments are existing and anticipated. The subject site is surrounded by existing City of Meridian zoning, except for the small parcel that abuts its northeastern property boundary. Therefore, this project is an in-fill development per the definitions in city code. The proposed development has a gross density of 5.1 dwelling units per acre, meeting the density requirements for the medium density residential future land use designation of three to eight. In addition, the existing R-8 zoning allows for detached single family residences with average lot sizes of at least 4,000 square feet. The proposed development meets this requirement as well. This development is proposed as one phase with an average lot size of 4,455 square feet. Staff finds the proposed use and gross density to meet the intent of the future land use designation and zoning district. Specifically on this plat to note there is a sliver north of a small canal road that the applicant is deeding over to the owner of the county parcel to the northeast, because he has a couple sheds and things like that that the owner would rather just deed him the land, rather than deal with the property boundary adjustments and things like that. Access for this development is proposed to be extension of stub streets from adjacent subdivisions. The stub street located in the southeast corner of the site, West Winnipeg Street, is an existing stub from Meridian Heights Subdivision. The other proposed connection is connected -- is located in the northwest corner of the site, but is not yet constructed. This connection is to be constructed with phase two of the Timberline Subdivision, which has received final plat approval, but has not yet received city engineer's signature. These two local streets will supply the access points for this development. In addition, the applicant is proposing to stub a street to the property located to the northeast of the site for future connectivity. On this stub street the applicant is proposing a temporary cul-de-sac turnaround. Off-street parking is required to be provided for single family detached dwellings based on the number of bedrooms per unit. In addition, the applicant is proposing 33 foot street sections within 47 feet of right of way, which would allow on-street parking where no driveways exist. A minimum of ten percent open space meeting the standards listed in UDC 11-3G, is required. Based on the proposed plat of 12.93 acres a minimum of 1.29 acres of qualified open space should be provided. According to the open space exhibit the applicant is proposing a total of 3.65 acres of open space. The exhibit shows three different distinct areas of open space. One area in the south that contains the existing pond that is to remain. One area along the entire northern boundary of the subject site and one centralized area. The large open space lot containing the pond abuts open space area in the Timberline No. 1 Subdivision currently under construction. In addition, there is a micro pathway to the -- connection to the west shown on the open space exhibit that also connects to the Timberline Subdivision. That is this one right here along the western boundary. The existing pond in the south of the site is more than 25 percent of the lot in which it resides and, therefore, that open space lot cannot qualify according to UDC standards. The other area of open space that is listed as qualifying, but is not qualifying, is the end cap lot directly north of the pond open space a lot. This area meets neither the 50 by 100 dimensions, nor the 5,000 square foot dimensions as it is approximately 4,200 square feet. After removing the end cap lot and a lot containing the pond from the open space, there are still 2.46 acres of qualified open space. This area is still vastly more than the required minimums. Page 10 Meridian City Council Item#1. September 15,2020 Page 8- " An area that was of concern for staff within the open space area was that area directly north of Lots 35 through 37 at the end of the cul-de-sac here. The applicant -- sorry. The Commission recommend rotating Lots 35 and 36 and moving the micro pathway to the east, further opening up this area behind the homes. The applicant has submitted a revised plat showing this change and staff finds that it is better for overall visibility from this corridor back here. However, the width of the micro path lot does not appear to meet UDC requirements of being at least 15 feet wide. The applicant should provide revisions to the plat to ensure the micro path lot meets code requirements. The revised plat also shows the micro path lot along the western part of the central open space to be located between Lots 10 and 11, Block 3, as recommended by staff. So, as you can see this is the revised plat with those two changes. These lots rotated, this moved up and this was the previous layout. There are no multi-use pathways proposed or required with this development. There is an existing multi-use pathway on the north side of Victory Road directly north of the subject site. The applicant is proposing micro pathways in multiple locations within the development to add pedestrian-bicycle connections throughout. These pathways connect to the central open space, with the five feet attached sidewalks located along the local streets throughout the development as well. The applicant is also proposing a micro pathway connection on the west side of the project to connect with a pathway and open space in Timberline No. 1. Based on the area of the plat a minimum of one qualified site amenity is required to be provided. The applicant is proposing four qualified amenities to satisfy the requirements. A child's play structure, a shaded picnic area, which are both on the north open space lot, walking paths, which, again, mostly are located in the central open space lot, and an additional 20,000 square feet of qualified open space. The Commission requested that an amenity that provides some form of seeding be added to the open space lot that contains the pond. The applicant has verbally agreed to adhere to this, but has not yet provided an updated landscape plan depicting this. The Ridenbaugh Canal runs through the northern portion of the property and it, essentially, makes up the required landscape buffer along Victory Road. Per the UDC the waterway is required to be tiled. However, the applicant wishes to keep the canal open and act as the buffer between Victory Road, an arterial street, and the common open space lot proposed south of the canal. Staff supports this proposition by the applicant. Therefore, the applicant is requesting a Council waiver to keep the canal open. The location of the canal in relation to Victory Road also brings up another issue with the required frontage improvements along Victory Road by ACHD and city code. Code dictates that sidewalks are required when the property has frontage on public roads, like that of Victory Road. Similarly,ACHD has conditioned the applicant to construct detached sidewalks along Victory Road no closer than 31 feet from centerline. This requirement would place a sidewalk within the irrigation district easement and into the toe of the slope of the raised canal. Since the Commission meeting the applicant has met with the irrigation district to obtain approval of placing the sidewalk on one of the canal roads along the Ridenbaugh Canal to meet this requirement and construct a detached sidewalk. This request was denied by the irrigation district unanimously. In addition, the applicant has filed an appeal of the sidewalk condition with ACHD citing these same issues. It is my understanding that they will not be on the -- be able to get to that commission meeting until sometime in October with ACHD. However, there is no avenue within our UDC for this requirement of the sidewalk to be waived and is not eligible for a variance as it is not Page 11 Meridian City Council Item#1. September 15,2020 Page 9- " considered a structure by building code. Staff understands the position that the applicant is in, but, generally speaking, it is up to the applicant to find a solution and not necessarily the city. However, the situation at hand staff has a few options if Council is willing to hear that out. Briefly with this here, this exhibit, you can see the red -- this was made by the applicant, by the way. I stole this from them. It's very good. The red is supposed to be where the ACHD condition would place a sidewalk, which is well into the toe of the slope and, again, into the irrigation district easement that they are not allowed to go into as -- guess it was yesterday that they sent that over. There is a canal road along the north side of the canal and one along the south side. The irrigation district does not want pedestrians on there at all. This green area as you can see would be the shoulder. Then you have the gravel -- or actually, the borrow ditch and, then, the shoulder here. So, as you can see there is not -- with the two conditions of ACHD and the irrigation district not cooperating either with this, there is not room for the detached sidewalk at this place here. One of the ways that staff has found that we could meet the intent of a detached sidewalk is in Timberline No. 2 there is a micro path lot connecting to the sidewalk along Victory here that will connect to the local street and, then, all of these sidewalks will connect. That will offer future connectivity to the east. With the applications that were heard for the comp plan map amendment, I believe by either City Council or Planning and Zoning for this northeast corner, they were required to put the sidewalk on the south side of the canal as well. So, there will be no detached sidewalk or sidewalk on the north side of this canal, which would be on the south side of Victory Road. So, if Council wanted to do one of the options there they wouldn't be missing anything with a random splice of sidewalk along the south side of Victory Road. Again, there is the ten foot multi-use pathway along the north side of Victory Road. I believe the applicant also has some options that they are willing to discuss as well with City Council. That is the outstanding issue from the Commission meeting. In general for the -- the key issues of discussion by the Commission are the applicability and location of the required sidewalk along Victory Road as discussed. The location of fencing along the Ridenbaugh Canal and the mislabeling -- mislabeling of the irrigation district's access road as a pathway for the proposed plat. The layout and placement and usability of the proposed open space -- specifically how an amenity can be added to the open space lot containing the pond and how to open up the central open space lot more. Fourth, the issue of the sliver of open space around the cul-de-sac lots is outlined by staff. And, fifth, the -- to clarify staff's comments on the fencing within the north and south open space lots regarding open vision or having an opening to connect to the open space lots between Timberline and this subdivision. The Commission recommended five changes to the staff report. Strike condition number four, modify conditions 1-A and 3-B to reflect rotating the lots to the west, the lot at the end of the cul-de-sac. Add a condition to lose a buildable lot around the central open space. Add condition to provide a loop sidewalk within the north open space lot. Add condition to add or-- or move an amenity that will provide seating on the open space lot containing the open water pond. As stated, the outstanding issue for City Council is this sidewalk issue along Victory Road. Since the Commission hearing there was one public comment from Chris Vondemkamp, concern that the property may be part of a national wetlands. Since that came in the applicant worked diligently with the Army Corps of Engineers and has received a letter from them stating that that was the case up until 2014. The city worked with the previous agency out here to clean that up and it has been nothing but fill Page 12 Meridian City Council Item#1. September 15,2020 Page 10—" since then. So, as of the letter from the Army Corps of Engineers, again, there is no wetlands on this property and so it should be a non-issue going forward. And after that I will stand for questions. Thank you. Simison: Thank you. Council, questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor. Joe. This -- this issue of the sidewalk is kind of a sticky wicket. But as you are going east along the Ridenbaugh where their sidewalk ends and you have got the big curve for West Victory, it looks like that same situation occurs all the way probably up to Meridian Road; is that correct? Dodson: Council Member Hoaglun, yes, sir, that is correct. With the ACHD's comments regarding this frontage for the comp plan map amendment to the northeast, there is no room on -- between the canal and Victory Road. So, they are also going to have it on the south side of the canal. So, there is -- this issue, yes, persists all the way to Meridian Road. Unfortunately, this section of Victory -- or none of Victory as far as I know is in the next five year work plan to be widened or rerouted. So, this type of issue is going to persist no matter what property would -- no matter what project is proposed. Hoaglun: Thank you. Simison: And, then, a follow up on that. So, the property to the east has already been approved to not provide a sidewalk along Victory Road. Dodson: The northeast -- no. It was heard by -- I apologize, don't remember. I think at least commission and it was recommended for denial. However, that -- one of the requirements from ACHD was to have the sidewalk on the south side of the canal. Nonetheless, that -- I'm using that as a reference of the pathway, that the line of thinking that is going forward with that, not necessarily anything that had been conditioned. Simison: Okay. So, to relate -- really because my question was related to the decision -- is the decision to not tile creating part of this problem or if the -- if it was tiled would there be adequate space for a sidewalk or does it have to go into the Nampa-Meridian easement space where they would not allow it. I guess because to your point I mean this area is not one that is planned for redevelopment. This corner is -- in this stretch of road, as far as I'm concerned, the -- the most dangerous stretch of road in Meridian that I'm aware of or the potential. I don't know that there has been accidents, but it's crazy and so I'm just kind of curious what the long term plan and vision for that area is. Because if the answer is to tile the entire Ridenbaugh through that area, that provides the safety for people, as compared to having them trying to cross the road in this area versus the decision not to, that's really where I'm kind of wondering. Page 13 Meridian City Council Item#1. September 15,2020 Page 11 of— Dodson: Understood. Thank you, Mr. Mayor, for clarifying that. Yes. From my understanding tiling this had not come up throughout this process. So, I don't know where Nampa-Meridian stands on that. I do know that all the way along this area it has not been tiled and that does not mean that it doesn't need to be, but, again, I am not sure where that would stand with the applicant, nor Nampa-Meridian at this juncture. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, thank you for your presentation. These pictures are very helpful. A question about that multi-use pathway on the north. Does that extend all the way to Meridian Road? You just show on the photo here that -- that, you know, partly around the curve, but does that extend all the way to Meridian Road? And, if so, is it possible for the applicant to request the ACHD put in a sign that clarifies that there is not a walkway on the south side? Dodson: Council Woman Perreault, Members of the Council, that is correct, yes. The ten foot multi-use pathway does go all the way to Meridian Road. I'm assuming that there could be some signage in place, if not by ACHD by the applicant to make sure that there is notice that there is no sidewalk on this -- on the south side of Victory. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Joe. I was -- I was referencing specifically at the intersection of Victory and Meridian, which I assume the applicant wouldn't be permitted to put a sign there. But I -- I have not run across this before, but I think it would be helpful for anybody who is crossing over who was accessing directly from Meridian Road that they are aware that -- that they -- that's the only pedestrian space and I don't know -- I don't know if that's something actually that the applicant has to work with with ACHD as part of this application or if that's something that would happen separately. Dodson: Thank you, Council Woman Perreault. I appreciate the clarification. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Joe. I -- is there -- it just seems like common sense to me or like it would make more sense if the irrigation district were to work with everybody and, you know, try to create kind of a sidewalk there along their road. I know they don't usually do that. Is there an appeal process or is there a way that the city could try to weigh in to influence them? Just curious from your perspective if -- if we have ever been able to do that. Thanks. Page 14 Meridian City Council Item#1. September 15,2020 Page 12 of— Dodson: Council Woman Strader, I do happen to agree with you. I wish that was something that was more applicable right now to work with Nampa-Meridian. We did do a site visit and that was the assumption that we could try to make that work, because it was detached and it would be able to cross everything that needed to be crossed. But Nampa-Meridian has been -- through e-mail and through meetings and specifically with the applicant has been very adamant that they do not want anybody on or near their -- this canal. So, I don't know personally where the city could flex anything with that. It is my understanding that Nampa-Meridian will do what they need to do to protect their rights. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess maybe a question for you, if you are open to it. You have been around the city longer than I have. Do you think there is any chance of us trying to influence them, maybe from the Mayor's office or something along those lines, or a letter from Council? Just curious what your perspective is on it. It just seems like a shame to not, you know, develop this the way that it should. Maybe work better for everybody, but -- Simison: My honest opinion is I don't think a letter from the Mayor and Council will weigh -- have any impact on their long -- on their decision specific to this parcel and this application. However, I think that there is a -- not knowing where all this is going, I think there is a better conversation to be had about what should this entire stretch look like from here to the road. I think that there is a better conversation to be had with them about that and the long term needs, but that's my two cents and I say that with all due respect. They -- they guard the -- these -- these areas and the Ridenbaugh very stringently. Strader: Thank you. Simison: Council, any further questions for staff at this time? Okay. Do we have -- I assume we have the applicant online or -- oh, in the room. Okay. If you would like to come forward to be recognized for 15 minutes. If you can state your name and address, please. Layton: Good evening, Mayor and Council. Bonnie Layton. I'm with WH Pacific, NV5, and I am at 690 South Industry Way in Meridian, Idaho. 83642. And I'm here before you tonight for our client and to discuss Jocelyn Park. Thank you for your time this evening and speaking with everybody and not being able to see everyone's full face. Joseph's done a great job and we really appreciate the hard work of staff on this and in the interest of time I think, you know, Joseph did a great job of going through the project and some of the revisions that we had sent over and some of the conditions I think for us, of course, this is a -- we believe that this project is in compliance with the Comprehensive Plan and is a nice addition to the community and another option for -- or a choice for residential housing type in the city, again, in compliance with the Comprehensive Plan and the densities that -- that you have outlined. And with that we feel like it's a -- it's a great in-fill piece and a good use of a piece of property that's sat vacant for a while and was reclaimed Page 15 Meridian City Council Item#1. September 15,2020 Page ——" from -- from a previous sewer lagoon facility that was decommissioned in 2014 in conjunction with the City of Meridian assisting with that and pumping those lagoons dry and connecting the subdivision to the east on to city services. So, the applicant acquired this property within the last year. There were some design plans going -- going forward on it. The open space we believe we have provided, as Joseph mentioned, more than the minimum standard for the open space. Tried to do micro paths for connectivity, not just within our site, but to adjacent properties and, then, leaving the pond at the south end as a -- kind of manmade, but now sort of natural amenity with maybe a park bench or something to really just add something -- something to the quality of the area. With that I think I will just cut to the main issue at hand that we are discussing and as Joseph mentioned we had several meetings, conversations, e-mails, site visit regarding the sidewalk and the improvements and it was a condition of Planning and Zoning -- we -- we discussed the issue with them and they moved it forward and we met with the irrigation district. I made a formal application and met with them last week on a request to place the sidewalk. Showed them the two options as you saw on the -- how do I get back to this other-- on either side of the canal road. As you can see from this image that's on the screen right now, this location along Victory Road is very unique as -- as you know. It's really a hairpin turn. The grade elevation changes on the west side where -- there is a 16 foot drop in the -- in the road elevation and you can kind of see that from some of the photos that I took from the site. So, it's this kind of hairpin corner as you are coming -- heading east coming down around the corner. When I spoke with the irrigation district they said they often see tire tracks up along the toe of their bank or up on their bank, so we believe that that's a pretty unsafe condition for pedestrians and in talking with ACHD they were insistent that we seek permission from the irrigation district. Everything that staff at the district had told us led us to believe that that was probably not going to happen and they were correct. Even though we tried to propose a couple of different options, either on the north side or on the south side with some fencing to keep people out of an attractive nuisance, so that nobody has to, you know, fish children out of the canal. That said, they told us no and so we are trying to come up with a solution that meets the intent and the purpose of sidewalks and public use ways for pedestrians. And as Joseph mentioned, obviously, we have connectivity in -- in our sight on the -- on the sidewalks that are adjacent to the street to connect into Timberline and the micro paths. But as we get up to Victory Road, you know, there is no five year plan for ACHD to straighten that road out or realign it. I -- it's my understanding that the parcel that's north of us -- there is actually two parcels. Joseph, do you have an image that shows -- so -- yes. Thank you. So, right where the arrow is. So, there is an out parcel and, then, there is the big RUT parcel that's supposed to be some sort of multi-family. I have not seen a plan for that yet, but we -- but we are still dealing with this out parcel. So, realignment of the canal or-- or the road, you know, to my knowledge, none of that has been considered in any of those parcels going forward. I think to one of the questions one of the commissioners had -- one of the comments and so just really looking at that, do we want to put a bunch of folks, you know, down on a low corner that's -- that's unsafe, that's within the irrigation district's easement, which they have said, no, we are not going to allow that anyways. So, we said what can we do that would be a great alternative and, of course, we have identified on the north side of Victory Road that there is this very substantial and well built piece of city infrastructure, this ten foot public pathway, and I was out there, I didn't see a Page 16 Meridian City Council Item#1. September 15,2020 Page —of— whole lot of folks on it. It's nice because it's off of the road -- separated from the road quite a bit, so the comfortability for pedestrian and bikes and moms with their -- with their strollers, you feel very safe having that level of separation and so what we had looked at in this is how do we maximize the use of that city infrastructure to achieve really what we want to achieve as a community and -- and so we were proposing what if there was a crossing at the entrance to the Timberline Subdivision that was clearly marked, that would identify for people this is where you are going to cross, from a topography standpoint there is visibility in that location. As you move to the east the road starts to slope down, but we felt like that's probably the -- the safest alternative for pedestrians and, likewise, you could do something out towards Meridian Road that-- oops. As you head east. Sorry, Joseph, if you could pull that -- pull up the -- the main map. Thank you. So, as you go out to Meridian Road, just sort of, again, I'm not sure how those properties to the east of us are actually going to be laid out and developed, but I think a good alternative would be to really clearly encourage pedestrians in that area -- get them all to the north side of Victory, you know, to provide the most safety as possible. And with that I think -- I think I covered everything. Joseph did a great job, so I can stand for any -- any questions that you have regarding our application or the solution that we have proposed to solve this frontage. We would ask that the City Council consider that condition of approval from Planning and Zoning and maybe accept our proposal in light of the fact that the irrigation district has said no and, then, we ask for your support for when we go to ACHD to try to resolve this issue, so that we can develop this community into much needed homes. Simison: Thank you, Bonnie. Just a question and a comment. Is the property to -- and have you spoken to ACHD about that crossing and the property to the west and are they open to that? Is someone going to put it in? Is that the plan? And a secondary comment, just so Council is aware, is down at the intersection of Meridian Road where you would be putting people, that -- there is no access to the roadway, it's actually a curved corner that does not have pedestrian access, unless you walk through the grass in that section. So, that Meridian-Victory intersection would need to have improvements as well if we are going to put people to that corner, because it does not have a safe crossing even to go across Victory -- or Meridian Road on that side, so -- but I would just be curious about, you know, the -- the first part of my question. Layton: Thank you, Mr. Mayor. For the first part of your question, the answer that we had from ACHD is you need to go ask the irrigation district. They were adamant that we did that, even though the irrigation district said, no, this is probably not going to happen. asked for -- Simison: I'm just talking about the crossing of the road. You are showing a pathway that crosses on someone else's property, if I'm not mistaken. The old pathway. It's on that -- Layton: Oh, I -- I'm sorry, Mr. Mayor. To be quite honest with you -- and, Joseph, jump in here if I'm mistaken, but I mean that wasn't even on the radar. It was like put this in in the irrigation easement and until you talk to them, you know, we don't have the authority to tell you, yeah, that would be a good option, because it's a very -- we actually have to appeal what the staff has recommended, which is put us in a rock and a hard place, Page 17 Meridian City Council Item#1. September 15,2020 Page 15—" because they have required us to put per their regulations a sidewalk in a location that we are not allowed to put it. So, we are kind of caught between two agencies. So, we are trying to come up with a thoughtful, safe solution for the residents of the community in the entire area and so that would be our appeal is to put it there, you know, and that's why we are asking -- we would be asking humbly for your support on that. Simison: So, you haven't talked -- you don't have anything official from ACHD or the property owner to know if that would be amenable to them? Layton: Mr. Mayor, we are scheduled to be before ACHD on October 7th and that's what we would be asking for at that time. The entrance to Timberline Subdivision is going in -- the timing of that -- that's under construction at this point and so we -- you know, we asked to work with -- with staff on that to get that resolved. Simison: Council, questions for the applicant? Layton: Pardon me? Simison: I'm asking Council any other questions for the applicant. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bonnie, thanks for being here. Appreciate the quick turnaround trying to engage the Army Corps of Engineers. I just -- I hadn't realized that you had got a response until I think Joe brought it up, so I was trying to glance through it during -- during your testimony, but I was --wanted to give you an opportunity to summarize a little of that. I didn't see that there was anything from the Army Corps of Engineers included in this. It's a fairly large packet that you sent us, so I didn't know if there was anything from them or just kind of what you have summarized from your conversation with them at the top. Layton: Thank you, Councilman Cavener. What we did is we spoke with the Army Corps this afternoon. We received the e-mail about 10.30, 11 :00 o'clock this morning and got right on the phone. I left a message -- Matt Monger in our office also left a message. We finally got a call back. Just looking at the history of that site -- and I included I believe Joseph's -- it was late, I was trying to, you know, really go through everything and make sure that I addressed it thoroughly. So, basically, in regard to the issue in that letter that we received really last minute, you know, this issue hadn't -- hadn't come up and looking at the history of the site, as you know, these are former sewer lagoons that were decommissioned and when I looked at the -- at the site there was -- I went online and it clearly states -- and I think you can see it in my letter that I wrote -- that the mapping was done in this particular area in 1981 with infrared imagery, so it picks up -- there is areas -- according to staff at Army Corps there is areas that it picks up that aren't applicable or not actually what -- what they think it is and, then, other areas that should be in there that aren't and so we tried to address this as quickly as possible. Our clients sent over the Page 18 Meridian City Council Item#1. September 15,2020 Page 16 of— report that they had in their files, which was the final decommissioning report done by Keller and Associates in 2014. 1 think that did a really great job of outlining what actually was the site condition throughout the history of the property. So, if -- if we look through that report those -- the first portion of the lagoon, the smaller one where that blue bubble is on -- on that screenshot that was sent over from the comment letter today, that was actually the first part of the lagoon and, then, the second part, the larger part, was added in the early '90s. But in between adding of that, that's when this infrared LIDAR at one to 58,000 foot level, flew the site and picked it up as, oh, this is a wetlands, no, it was -- it was sewer lagoon. In the '90s when that north piece was added, they did a lined pond on the larger one and they lined the smaller one and aerated it, so it really functioned as a sewer lagoon the entire time, it was just a mislabel from a 58,000 foot level perspective on some antiquated infrared from 1981. So, those maps don't necessarily get updated all the time and, again, there is -- sometimes there is things that are in there that are not applicable and vice-versa. So, looking through the history of -- you know, thankfully we have got this decommissioning report and, you know, this has been a dry site since 2014. 1 mean I think the report is very clear and thorough on that, that -- that the city helped drain those ponds and over the years fill has been brought in prior to my client, the applicant, acquiring the property even and as I noted in my letter -- I think in the last paragraph, that the drainage pond that's on the south end of the property actually is a man-made drainage pond, but an amenity that we are keeping. So, there is actually a viable wetland that's not identified on that -- or a viable water amenity that's not identified in that mapping system. So, it -- you know, we are not losing anything, but we weren't really losing anything to begin with, because it was a sewer lagoon and not a wetland. So, it was kind of long-winded, but hopefully that -- Cavener: I appreciate it. Layton: You know, I know those are sensitive topics, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Thank you. I would like to get the applicant's reaction to just floating out there the possibility of a continuance. If we were to continue this application would that give you, you know, time to work with ACHD on a solution and kind of come back to us with a crosswalk that -- that's been kind of flushed out and sort of -- perhaps that even would give us time to work a little more on a comprehensive solution for the -- for the whole area with the irrigation district. I'm just curious how you would react to that -- to that approach? Layton: Council Woman Strader, thank you for your question. What we were hoping to get from you is an acknowledgment that maybe this is a good alternative that you could support in light of this very unique and specific condition in this corner and it doesn't -- there is no pathway on this side that shows up in the city plan, there is no five year plan forACHD, you know, so we are, essentially, as I mentioned, sort of stuck between a rock Page 19 Meridian City Council Item#1. September 15,2020 Page 17—" and a hard place on that trying to figure out -- I -- it would be great to be able to go to ACHD and say that, yes, in this instance the city, you know, does believe that this is a viable and a safe solution that achieves the same objectives, which is to move pedestrians through the area. So, I mean if we -- if it was maybe a condition of the final plat or approval of the final plat, so that we could keep moving forward. I'm concerned that we will get in this back and forth -- well, get the approval from the city, get the approval from -- you know, and we will just keep going back and forth, back and forth. That is my only concern, respectfully, Council Woman Strader. Strader: Mr. Mayor, a quick follow up? Simison: Council Woman Strader. Strader: Yeah. I guess just to react to that a little bit. No one wants you to be caught in a bureaucratic feedback loop that leads to nowhere, believe me, but I guess I'm not convinced that the case has been made that this crosswalk is safe and I think that's a big concern of mine. That solution -- I'm not sure I have been presented personally as one of the members with a full solution that I feel comfortable with yet. I'm hearing there is a hairpin turn and there is cars flying down this road, how do we know that that, you know, crosswalk I guess would be an adequate solution? I just don't see how -- personally I'm just not there yet. Simison: And, Council Woman Strader, I'm going to piggyback on your -- your comment, because what I -- what I have heard so far is that this is an area that has a lot of interest from several different people in developing it. We don't know -- and ACHD doesn't necessarily have a plan, but we have one opportunity to get this area right and making a -- well, I'm going to call just a -- well, let's go that direction, because that seems to be the easiest as compared to working with the neighbors to the east, working with the irrigation district and working with ACHD and the other property owners to come up with a plan for how this entire intersection and roadway to this area is going to function, because I don't feel like I have any idea I mean at all of what the long term vision for this is, whether it's density or, you know, traffic patterns or otherwise. But it's a real challenge to try to suggest that this is something that we should do today and if moving this forward with so many questions when there is a -- obviously, a group of people that have an interest in developing this area that could work together to find the best long-term solution for the community. That's -- so, I'm piggybacking on your statement. I would even go further the continuance -- a short term continuance is probably not the best interest, but a longer term conversation to get to the real viable solution for the future. That's my two cents. Because I have -- what -- what is ACHD's need to make this roadway really work. It may not be on their five year work plan, but I guarantee you the way it's designed now is not what their needs are going to be long term. And I see Mr. Lucas is there. Perreault: Mr. Mayor? Simison: We could bring him in if necessary. Council Woman Perreault. Page 20 Meridian City Council Item#1. September 15,2020 Page ——— Perreault: Just wanted to make sure I understood Joseph's statement when he was doing his presentation. I thought I understood him to say that Council -- that there is not any kind of waiver that we can do of this -- I mean it's an ACHD requirement, essentially, so there isn't anything that allows us to -- to grant-- essentially to grant this at the applicant's request for us to -- to grant an approval. We really can't essentially do that is my understanding. Is that right? I mean we don't -- we don't have a mechanism in our code that allows us to overlook ACHD's requirement. Dodson: Council Woman Perreault, Mr. Mayor, so what I meant by that is there is no avenue for Council to waive that requirement from our code. Not ACHD's Obviously, we are competing agencies, so to speak, but there is no way for us to say you don't have to put in the sidewalk at all. That's the key point -- Perreault: Okay. Dodson: -- there and that's not something that we want to encourage either. You know, as Bonnie has stated, we are -- we have been working through this for months now trying to figure this out and work with the different agencies involved. I do have a -- the final plat for Timberline, if I could show that for Council Woman Strader and for the benefit of the Council to show where the pedestrian crossing that Bonnie was speaking about would be, just to clarify that. I will share my screen maybe. Okay. So, this is the approved final plat for Timberline No. 2. So, Jocelyn Park is this property abutting to the east. All of these streets will have attached sidewalk. This is a common lot that will have a micro pathway to it connecting to the sidewalk out to Victory Road here, but Timberline is stopping the sidewalk right at the edge of the canal easement, which, actually, is not even all the way to the property line, it's actually even a little bit further into the site than that. So, my first comment regarding that was to potentially count the sidewalk -- the detached sidewalk from Victory to be the attached sidewalk on the proposed local street, because there is this connection out to Victory here. The second option that Bonnie has brought up is to say -- to build the pedestrian crossing up here from this road up north to the pathway on the -- well, it's actually just a sidewalk that, then, connects to the pathway to the east on the north side of Victory Road. So, Councilman Strader, that she -- Bonnie was referring to how bad the further east part of Victory Road is, whereas here is a little flat area, visibility on both east and west of this crossing if it were to be used as a pedestrian crossing. So, I just wanted to clarify that for everybody, so they kind of understood the placement. Strader: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In theory I would be comfortable with that, but to Councilman Strader's point I still think there is more work that needs to be done before I'm ready to make a decision and have a comfort level that that -- that that is a solid plan for a pedestrian route. I don't Page 21 Meridian City Council Item#1. September 15,2020 Page 19 of— know if maybe you could provide some more information for when -- when or if the pedestrian crossing is going to be implemented and any information, conversation you have with the Timberline developers. I don't know if they are the same group that is developing -- or is going to be building in -- in your subdivision as well, if -- if that's the case maybe it will be a little bit more fluid of a solution. But I don't -- I'm kind of torn as to whether I need to see a follow-up plan on the entire area before I approve this, but I definitely want to see a solution for the pedestrian route. Simison: Yeah. Council, any further questions for the applicant? Okay. Thank you very much. Layton: Mr. Mayor, I have a question. If we were -- in talking with ACHD if it's something that's even on the radar for the city, you know, to consider in terms of a viable interim option to provide this crossing until there is a longer range plan for maybe straightening -- straightening out Victory Road or handling, you know, how that Ridenbaugh Canal, you know, makes that very unique bend in the area. But, you know, to staffs point, you know, we have worked really hard -- they didn't have any authority to say, you know, yes, we can or can't support something, that really has to come from Council to say, yeah, we would support this, maybe investigate that a little bit more potentially for the crossing there that, again, maybe it's an interim solution, but probably the safest option until there is a longer range plan, to Council Woman's Perreault and Strader's points, just so that we can keep moving forward with the project. Simison: I -- I think that will be something Council will consider as they consider this application. Layton: Thank you. Simison: All right. This is a public hearing. I know we do have someone in the audience who is here to testify, but for those that are on the Zoom call as well, if you would like to provide testimony on this item, please, use the raise your hand function at the bottom and we will bring you into the meeting. But Mr. Clerk. Johnson: Mr. Mayor, Chev Campbell. Simison: If you can state your name and address for the record and be recognized for three minutes. Campbell: My name is Chev Campbell. I live at 3505 South Peoria Way in Meridian, Idaho, in Meridian Heights Subdivision, adjacent to the pond in the Jocelyn Park Subdivision. I'm here to talk about four different key items. If I'm able to have you guys pull up that revised plot map that was used earlier. Johnson: Mr. Campbell, I know you are a little taller. If you could speak into those if you can so people can hear you. Page 22 Meridian City Council Item#1. September 15,2020 Page 20—" Campbell: Sorry. Johnson: No problem. Yeah. It will pull up a little bit, too. Campbell: Is that better? Thank you. I live adjacent to the south pond. I'm the largest piece of property to the west. My main concern with this is in 2001 my family had the canal tiled over in our backyard, just as they are suggesting to do for the canal for the sidewalk, and on there it states that the adjacent land is a retention pond for drainage, as well as the Wilson Creek Wetland Watershed. So, I do --would like to know if that's being protected as it's stated in the county regulations. The second part of it that I was asking -- or wanting to know about is the lot sizes. When this was first brought forward to us there was only going to be 23 homes built in this area and, of course, everybody in our subdivision was like, great, nice big pieces of property, just like we like in Idaho. Well, we are small property sizes in regards to a lot of properties adjacent to us. This new subdivision that's going in, Jocelyn Park, the lots are three-quarters the size of even our lots. So, once again, it's narrowing how much open space we have. The second part of it that directly relates to that is the park spaces. The new subdivisions that have gone in, Timberline -- I don't recall the one that's directly south to where Timberline is now, but they had posted in their parks that the parks are only for the homeowner use only and that we do not have access to use them and at the same time Meridian city dismantled the pumphouse and killed all the grass in our park in our subdivision and now our subdivision has no park, no green space, no open space for our children to play. The second part on the sidewalk issue -- our subdivision has no sidewalks connecting it to the rest of the city. None whatsoever. Our children walk along 55 mile an hour roads to get to where they want to go, including their schools, which is very very difficult and very worrisome to us parents. The main school that a lot of the children are attending is either Mary Mac or Victory. Both great schools. Ones that my children have attended. Love them. Great teachers. Great everything. But now they are going to have a hard time, as they always had, to access that school, because they have to walk along busy roads. So, I urge the Council to make sure we find something that gives a good sidewalk for our children to walk along to get to school. The last part that I was concerned about is -- is purely with the ponds and the wetland -- or the ponds and the wetland. Yes, that was a sewer pond before, two of them were, but the last pond has always been Wilson Creek Watershed and a retention pond for the neighboring subdivisions. It was never part of the sewer system at all. The two ponds that were north of that were part of the sewer system and one of them was not lined and the other one was lined. I watched day to day as the non-cleanup happened when it was addressed. They came in, took down the fences and bulldozed over the land, even when it was still wet with water. So, that was an inaccurate statement. I have pictures of it to show it. I did not know I was going to need to have that information today or I would have brought it. Sorry, I have a hard time breathing with the mask on. And I would gladly work with the City Council and I could provide that documentation if needed. That basically addresses most of my concerns. I don't know if anybody has any questions for me. Simison: Thank you. Council, any questions? Page 23 Meridian City Council Item#1. September 15,2020 Page 21 —" Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chev, thanks for your testimony being here tonight. Help me be -- make sure that I'm seeing this through your eyes. So, it looks like there is a pond that's being retained. Is that -- is that the same pond that you are referring to that is kind of the -- kind of called a wetland pond? I just want to make sure that what you are talking about is the same thing that the applicant is talking about. Campbell: Yes. Cavener: Fantastic. Great. Thank you for that piece. Mr. Mayor, additional follow up. Simison: Councilman Cavener. Cavener: Chev, you touched on a piece in -- and while I'm familiar with the south side, I'm not super familiar with your neighborhood. You indicated some concern about that the city had destroyed your -- your grass in your-- in your common area. I'm just -- if you could maybe -- I don't know if you are -- if there is a way to point us in that direction and maybe articulate, yes, what happened and, then, I may have a follow-up question for staff about that. Campbell: Yes. Is there a way for me to go through the images on here for -- or can you change it back? Go back -- I guess -- that one right there. So, this large lot that's at the bottom of the image -- Cavener: Uh-huh. Campbell: -- and, then, there is a small one with two little structures that you are moving your mouse around right there, that was our old water system. That's where my whole entire subdivision got its water from and that was a landscaped and sprinklered field. I don't know the relative space of it, but it's big enough that our kids used to play catch in it and have nerf wars and picnics and lunches and that was the only green space in our entire subdivision and since the well was decommissioned, which I believe it was a week and a half ago that they finally got it capped off, but over -- basically at the beginning of the summer they turned off the sprinklers and killed all the grass in the entire area and so now we have absolutely nothing for our kids to play on. So, our kids play in the street now, which is very very dangerous, because we have anywhere between two and 15 trucks that come in to dump dirt in this field that they are trying to fill in and they don't cover their loads and they don't follow the EPA dust requirements either. Cavener: Mr. Mayor? Simison: Would you like Mr. Stewart to respond to that? Page 24 Meridian City Council Item#1. September 15,2020 Page 22 of— Cavener: Yes. I was hoping that maybe Mr. Stewart would be willing to kind of give us a status update from the water department on that particular piece of grass and what the department's intended use is and just maybe educate the citizens about what they could expect. Stewart: Yeah. Mr. Mayor, Members of Council, that was a well lot and it was never -- just to clarify, it was always a well lot. It was owned by Meridian Heights and -- and Kentucky Ridge together to provide a well to the water system. When we took over that was transferred to us, so that lot, if I understand correctly, is -- and I believe I do -- that is a City of Meridian lot, but that well had uranium in it and so we abandoned that well, according to the DEQ requirements and have decommissioned the site. The building itself was honestly scary to go into, because it had wasps nests all over the place. So, I don't know -- it was never a park. It was never intended to be an amenity for the subdivision. It was always intended to be a well site that provided water for that development. Ultimately I suspect we will someday either construct a new well on the site to a different aquifer or we will try and auction or get rid of the property. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Warren, just for clarification, it sounds like, though, that maybe we are not maintaining that same piece of property to the same level that it was when we acquired it. Is that accurate? Stewart: I can't tell you for sure. I haven't been out there in a while. But I would suspect that that is correct, that we have not watered that --that site. So, we will have to maintain it to keep the weeds mowed and things like that, but we would probably not be watering it, since it's been -- it's basically a vacant lot at this point. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Warren, from a -- is there a -- I'm not trying to jam you up here, but I'm just trying to understand the -- we acquired this piece of property -- I get from the neighbors' perspective it looked really good when it was into the neighborhood's control and now that it's into the city control -- normally we have got a reputation of improving stuff when we take it over and it sounds like from the -- the neighbors' perspective that that's not the case. It sounds like maybe from your perspective that may not be the case, too, and I'm just -- I'm just trying to wrap my head around -- if there was just miscommunication or something slipped through the cracks or what it would take for us to -- if it's -- if it's water we seem to be in a pretty good business with water. I'm just trying to figure out why we couldn't water the grass for them, so that their neighborhood looks at the same level it was when we took it over and maybe I'm missing something here. Page 25 Meridian City Council Item#1. September 15,2020 Page——— Stewart: Mr. Mayor, Members of the Council, Councilman Cavener, I will have to look into it. The bottom line is that the sprinkler system that watered that lot was part of the well, although I -- I don't think so, because the well hasn't been run. The well didn't run when we acquired it. The well had been -- essentially, they had stopped using the well because it didn't meet regulatory requirements. We acquired the site as part of the takeover of that system. We have abandoned that well, because it's no longer usable. I don't know if -- I haven't been out to the side, I don't know if it's been sprinkled or not. I will take the gentleman's word for it and it's probably not been sprinklered, but it should be -- like all of our pieces of property that we purchase that are vacant lots that we plan to eventually do something with, we try and keep -- you know, keep them mowed, the weeds down and so forth, but we don't necessarily irrigate them, because our plan is to either get rid of them -- I think in this case we will ultimately try and sell this land. Get rid of it. So, it really is -- so, just what it would take to irrigate again. Simison: Mr. Stewart, perhaps you guys could find a way to engage with representatives here and have the conversation about what this -- and if that is the intention of the department. I mean, obviously, we do have processes to get rid of property, so you can't guarantee it, but at least engage in conversation with the neighborhood in the short term. Stewart; Sure. I would be happy to do that. Simison: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I had a question for Mr. Campbell. You talked about no sidewalks along roadways. Were you talking about Victory, Meridian, your streets? Campbell: I do want to clarify that for you. Our -- inside of our subdivision it's completely sidewalked. But to leave our subdivision anywhere there is not a single entrance with a sidewalk that takes you out of our subdivision, except one, which is South Bear Claw, which connects Timberline to the other new subdivision that went in just adjacent to Meridian Heights. Willow Creek Heights is I think my specific area. Hoaglun: And, Mr. Mayor, to that point, I was -- I was previously on Council when we were handed a -- a very difficult situation. This was a county subdivision that the sewer system was failing and the DEQ was requiring immediate action and we had to come up with -- Mr. Stewart and the Public Works folks worked very very hard to come up with a plan and not break the bank of the residents. I mean this was -- this was a difficult deal and it wasn't fair to hand the problem -- to the ratepayers of Meridian to fix it, because it's not their problem and this -- this was a very difficult site. It kind of gives me -- breaks me out into a sweat a little bit when I think about it again and -- because, you know, we had a real situation where we wanted people to have an adequate sewer system that functioned well, but at the same time we had to do it within very limited means of the Page 26 Meridian City Council Item#1. September 15,2020 Page——— property owners and city residents and that was -- that was a lot of work and now I -- when we -- when we look at this site now in terms of the sidewalks -- we were on a pathways tour -- I'm liaison to Parks Department and our pathways tour went on this site. So, we came from the southeast corner of Meridian and Victory, you have to cross on the east side across Victory on Meridian Road and, then, you cross on the north side on Victory to cross Meridian to get to the ten foot path. There is no -- no route anywhere else and -- and we want our pathways -- and I'm sure everyone on Council knows to try to follow the canals as it is on the -- on the north side, it follows the Ridenbaugh. But for whatever reason it was not allowed by the irrigation district to stay on that course and come across to that -- to that south side, hence the pathway being on the north side. So, I think we are dealing with an issue here that -- to Council Woman Strader's question about the irrigation district allowing something to happen, my guess -- I thought the Mayor was generous and I was slim to none. So, we -- in dealing with them on this issue. So, it -- it's one of those things -- I think we are going to have to figure an alternative planned pathway. Now there is some good questions raised about where does a crosswalk work to get to those -- to that pathway, where does that go to. What sidewalks we use. What about the property to the east and those types of things. But I appreciate you, Mr. Campbell, bringing up some of these issues and things that we have to deal with, but I'm glad we are getting things a little more dialed in than it was way back when, because that was -- that was a -- that was very difficult. It was one of the hardest things I had to deal with while I was on Council at that time, so I'm glad it's worked out, but understand your concern and what you want to try to do here to keep things nice and a nice place for your kids. Campbell: Yeah. That's what we are looking for. Simison: Any further questions from Council? Okay. Thank you. Campbell: Thank you. Simison: Mr. Clerk, do we have anybody else signed up to testify or raise their hand? Johnson: Mr. Mayor, no one signed up or raised their hand, except that Mr. Lucas from ACHD has raised his hand. Simison: Okay. Johnson: I'm bringing him into the meeting now. Simison: Mr. Lucas, you are recognized when you are ready. Lucas: Mr. Mayor, Members of the Council, first off can you hear me? Excellent. Excellent. I just wanted to, you know, stand up and offer myself to answer any questions. I think the applicant and city staff adequately described the -- you know, the conundrum that we are in here. I just did want to clarify that, you know, staff when we -- when we issue our staff report from ACHD, you know, we are required to follow the codes and Page 27 Meridian City Council Item#1. September 15,2020 Page 25 of— policies of the highway district, which require sidewalk facilities, and that is why we were so adamant that the applicant, you know, work with the irrigation district to try and get that sidewalk on one of those canal roads and I -- I don't believe that ACHD's development services staff have had the opportunity to review any alternatives or any potential crossings or anything like that, so -- so, I wish I had all the answers tonight, but I don't and I certainly don't want to get in front of the ACHD commission, which would have to hear any appeal or special consideration on this application. So, with that I can stand for any questions. Simison: Thank you, Mr. Lucas. I'm going to ask you a very unfair question, but to your knowledge if ACHD were to rebuild this road, based upon what you know about this current road, would you see it being built in the same basic manner with the pin and -- the hairpin turn and the drop in elevation or would you see likely modifications to this road if it were to be rebuilt? Lucas: Mr. Mayor, Members of the Council, you know, this is the type of situation where ACHD would really have to do, you know, a pretty significant concept study to determine the right solution. As stated tonight, there is a lot of challenges with this roadway. The canal creates really significant issues when it comes to realigning the road and so this is where you have to look at several different alternatives and have some sort of, you know, design considerations and -- I guess I'm giving a very long answer to a straightforward question, which is it's going to be hard and it's -- it's likely that there is going to be some significant reconfiguration in this area. Simison: Perfect. Thank you. And I won't hold you to that. Lucas: Thank you. Simison: Council, any further questions for Mr. Lucas? Thank you, Justin. Lucas: Thank you. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Mr. Mayor, Members of the Council, just to put another option out there that -- before we close the public hearing, something that I had --the staff had mentioned before, but as Lucas -- Mr. Lucas discussed, they had not really heard many alternatives until such time that the applicant makes a formal appeal, but something I think could work is putting up a trust for the sidewalk, knowing that this area of the road is going to be completely redone and reconfigured at some point in the future. That way we make sure that we have some avenue to add a sidewalk or at least mitigate the cost for a sidewalk, rather than just giving it away for free, not that we are trying to do that, but -- and, then, also potentially doing the pedestrian crossing as an interim solution, as Ms. Layton stated. That's just, again, one of those things that we can't and shouldn't just waive the Page 28 Meridian City Council Item#1. September 15,2020 Page 26 of— requirement, but at the same time I don't know that it's fair to the applicant to stop the entire project for something that is not a hundred percent in their control. So, I just wanted to make that clarification. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess just -- you know, I'm struggling a little bit with how to look at that; right? I mean presumably when this property was bought, understanding the canal and -- and the various aspects of the site were part of the due diligence process, so I -- you know, I'm struggling a little bit with just saying that we shouldn't punish an applicant for a situation out of their control. I mean presumably they were aware of the situation when they did their diligence. Simison: Thank you, Council. Is there anybody else that would like to testify on this application? If not, I would invite the applicant to come up and close. Layton: Thank you, again, Mr. Mayor, Members -- Members of the Council. In response to what Joseph just brought up, that was one of our suggestions was -- it's not that we don't want to contribute to the improvements, but, you know, is there some sort of road trust that we could potentially do or, you know, if a variance -- if a structure was defined as -- if a sidewalk could be included as -- in the definition of a sidewalk being a structure, then, maybe it would comply for a variance. You know, at this point it -- as everyone has discussed, there are some longer range issues here that will take more than just our frontage and so that's where we thought maybe the road trust would be a good solution for that to provide much needed homes and to comply with some of the object -- other objectives of the Comprehensive Plan and to grow the community and in the interim, you know, evaluate that -- you know, the potential and discuss with you folks this evening if -- if that's even on the radar that we could provide, you know, something -- a crossing to the west as -- as a temporary alternative until some of these bigger issues get resolved. If not, you know, it, essentially, condemns our project from a -- from a development standpoint, because there is just -- we don't have an opportunity to put in anything. So, we have been really trying to work with -- with -- city staff has been great and ACHD staff and really in our conversations, you know, we understand that staff can only communicate to us what the requirements are and, then, it's individuals like yourself and the commissioners at ACHD to make any determinations that maybe can vary from that. You know, we feel like it's a very unique situation. The infrastructure is there with the canal and the road, but the topography of the site and just really at least let us keep moving forward in this process as we go through, you know, and develop our plans for final plat and try to get this resolved and it's not in the five year work plan on your pathways, it's not on the ACHD plan, I don't know if that's something that can be modified or -- it sounds like, according to testimony tonight, that there is concerns in the -- in the entire area, not just this branch, but appreciate your time this evening and could stand for any additional questions. Page 29 Meridian City Council Item#1. September 15,2020 Page— of— Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Real quick question regarding when -- when is your meeting with ACHD? It's October 6th? Layton: 7th, I believe. Hoaglun: 7th. Wednesday. Okay. Layton: Yes, Councilman. Hoaglun: Okay. Thank you. Simison: Thank you very much. Layton: Thank you all for your time this evening. Appreciate it. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing for H-2020-0067. Simison: Motion dies for lack of a second at this time. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm certainly supportive of fellow Council Member's motion, but I just thought Council Member Hoaglun started by saying this has got a little bit of a sticky wicket and sticky wickets tend to create more conversation. I just think it's best to keep the public hearing open in case we need to reach out to the applicant again. Hoaglun: Mr. Mayor, just to -- Simison: Councilman Hoaglun. Hoaglun: -- throw some things out there for discussion purposes, I am interested in seeing what ACHD can do or will be doing, but-- and -- and I know that's a delay for-- for the applicant, but sometimes I think, Mayor, you made a point about making sure we get this right and even, then, we don't know if whatever happens will be an answer that will work, but I would like to see what another agency can do in this situation. I also recognize the fact that to not do anything doesn't solve the problem. There will be no access. I Page 30 Meridian City Council Item#1. September 15,2020 Page——" mean that's it. Nothing will be done. And I think there are solutions there that we could look at, but there is that unknown about where the crossing goes, how does it work, what about tiling the canal. I -- you know. I know they do laterals and they do other smaller drains and other canals, but I haven't seen them tile the Ridenbaugh or New York Canal or anything like that. I don't think that's done. I think there has been bridges and crossings, but as far as tiling I -- but I'm not positive, but I don't think that's -- that's done. So, we have to deal with what we have here and -- and I think there is -- there could be a solution that creates a pathway from the subdivision going in on the west to this subdivision and potentially down the road for development to the east that gets people to that intersection and -- and we got to deal with some things over there, so -- but I think we don't want to be too hasty in moving forward until we get more information on that, maybe look a little bit more, Joe, on -- on the trust and what -- what that is involved with for this type of project. Our code, Mr. Nary, on what we can waive and can't waive and making sure we do not get into a situation there. So, that's -- that's just my thinking on it to see if-- see if we can get some answers first and, then, make a more informed decision later. Simison: Thank you, Mr. Hoaglun. I will just weigh in and from my perspective is a sidewalk on the south of this road doesn't make a whole lot of sense next to the canal. You are really not accessing anything from here to the intersection, but a safe passage on the south side of the canal does make sense and I think that that does lie to the property to the west and I think that that requires planning and coordination to create a alternative route for people on this side of Victory to make it safely down to Meridian Road in that area, because that's ultimately the only place that -- if you have a sidewalk on this side of the road the only place it's taking us to is the intersection. So, how do you safely get from this property to the intersection. To me it's through the property to the -- to the west -- to the east, unless the road is completely reconfigured in a way that, then, a sidewalk may make sense. So, I'm -- you know, I can't sit here right now and say a sidewalk, you know, makes sense from that perspective, but a plan makes more sense and not a cross here now and wait and see what happens in the future. That to me is not a plan and we -- we know we have a property to the east that is wanting to develop. They have had plans, they -- they are an open, willing partner to discuss a solution, but I think that there needs to be some investment made to find a viable solution that can be done. A ten foot multi-use pathway through this property and through the property to the west doesn't have to be on our pathways map, they can still be put in to solve the issue for everybody from that standpoint and, then, leave the road to ACHD in the future to figure out. That's my two cents. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think to that point I initially wasn't incredibly warm to the idea of a continuance, but the more I think about it I think not only does it give an opportunity for Council to hear from ACHD, I think it also creates an opportunity for the applicant to work with the -- the owners of the property to the east and maybe bring back some additional creative Page 31 Meridian City Council Item#1. September 15,2020 Page——" proposed ideas for us to at least consider. If I'm not mistaken, I think that project, though, to the east was withdrawn. Simison: Correct. Cavener: So, again, that also creates some opportunities to -- to maybe work collaboratively hand in glove to bring forth something that--that meets our needs. I agree with you, Mayor. I don't think that just a sidewalk there makes sense by itself. Getting people to Meridian Road is -- is, obviously, the end goal, so -- I know we are not at a point where the public hearing is closed and we are making a motion, but I think using this opportunity between now and the ACHD meeting to explore some creative solutions is a good opportunity for the applicant and for the city. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I -- I think I am -- most strongly relate to Councilman Hoaglun's comments and I -- I really am concerned about the element of us, you know, not -- not being able to waive and not -- shouldn't be able to waive our city code in regard to completely just -- you know, there isn't really any way for us to waive the requirement for the sidewalk. So, I don't-- I would like some clarification before we get to the next meeting where we will -- we will be making a decision from our Legal Department about how that will work for us, because I guess where I'm still struggling is -- is, you know, this is a requirement that we cannot waive, so how -- even if -- even if the applicant -- and I think the applicant's done a really good job trying to find solutions for this. I mean I applaud them for all the hard work they have done, even if they provide us with a greater solution regarding the pathway -- the multi-use pathway to the north. Are we -- are we still going to be able to approve the application as it stands without a sidewalk. Just -- just wanted some clarification on that. The applicant can go and pursue all these other options and alternatives and I think they should, but if that's one thing that we can't change, I think we are going to be challenged to make the decision again, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I support a continuance. I think that would -- you know, I would encourage the applicant to really work with the city and the, you know, property owners next to your property to try to come up with a solution. I tend to think that we do need just a broader plan for the area. I take Councilman Hoaglun's point that, you know, right now there are no -- no improvements and no pedestrian access and connectivity, but I still don't want to be hasty in approving -- a solution hasn't been presented that has a full vision, that has safety concerns in mind, that has a rationale of why this is the right place to cross and how that interacts with the traffic and we really need to see it laid out. I think we need kind of a fuller solution, even if it's an interim solution, but we need something that's more Page 32 Meridian City Council Item#1. September 15,2020 Page 30—— flushed out. I'm just not comfortable with it right now. Ask the applicant if we have a continuance do you want that to go past the ACHD meeting? Would you like a few more weeks after that? Maybe some feedback on -- on the right timing. I'm not sure I understood what -- what that was with that meeting. But that's my feedback. Simison: Thank you. Would the applicant like to provide comment to that point? Layton: Mr. Mayor, Councilman -- Council Woman Strader, you know, ideally we would like to keep this moving forward as -- you know, as expeditiously as possible. You know, we were hoping to get on the -- on the 23rd agenda with ACHD. We were told that it would be the 7th. You know, we would like -- we would like to keep moving forward. Tonight to me what I'm hearing from you is that you're possibly open for maybe some sort of alternative compliance or something that maybe is supported by -- by Council would help solve this issue in the short term or in the interim until there is a longer range plan and funding available first and larger capital improvements, but I would like to try to move this quickly as -- keep moving forward as quickly as possible. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, on that particular point, we will take a look and see if that's an alternate that we can support. I would remind the Council, again, this property is already annexed and it already has a preliminary plat that's been approved that I think expires is partly the discussion. So, I know you are looking to expand it, so that's really the decision point, but I mean this property already had an approval to move forward and entitlements, so we do want to remember that that's still out there and this is an already entitled property, it's not an annexation. So, it is slightly different than many of the applications you see. But we can look at this particular issue, because I think that is a big sticking point for -- for this -- for the plat that was probably approved, as well as this, so -- Layton: Thank you, Mr. Nary. And also if I may add just in terms of the questions about the parcel to the east -- and, Joe, if you could bring that back up. There was that larger application that was -- has just been withdrawn, but that barely touches our northeast corner and I don't know if you have got a Google Earth image or a Land Pro image that you could pull up there, but the majority of -- let's see. Not sure the -- do you have a Google Earth one? No. Okay. All right. Yeah. Right there where your arrow is. That's an -- that's an outparcel that was not part of that larger application that had just -- just been withdrawn and that one was a pretty substantial piece. It's four acres it looks like, according to my records, so -- and that's -- so, when you look at the property lines in there in terms of continuing -- because we had talked about maybe we do a path through the park that's on our north end and it's like, well, we have got the sidewalk right there, so that would seem to be somewhat redundant and, you know, Joseph was great at looking at, okay, how can we make this work and connect along the street in this area, just given this very unique geographical situation, so -- Page 33 Meridian City Council Item#1. September 15,2020 Page 31 of 34 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for the applicant. Ms. Layton, I just want to reconfirm. It does look like you provide two access points to that property to the east. They are in the north side and is that Winnipeg I think down in the south side. Does that-- or does Winnipeg already go into the existing development? I can't tell from that. Layton: Councilman Hoaglun, actually, what happens there -- Winnipeg right now as it exists there is a cul-de-sac there and, then, that's being removed as we develop the site and connect the roads through. So, yeah, right now it just turns around right there and, then, of course, we are providing the stub street up on the north section of our project. We are providing that stub street to that outparcel that's about four acres. Hoaglun: So, Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: I guess more of a comment, then, to the applicant that you are providing access points that could be part of the solution for us to get from west to east and vice-versa as we try to unravel this thing and put it back together in something that will work for everybody, so -- Layton: Yes. That is correct. And thank you for that clarification, Council -- Councilman Hoaglun. Hoaglun: And one last question and information for the applicant -- question for the applicant and information from the Council, I guess, is looking at our hearing schedule, on the 13th of October we have one public hearing and, then, on the 20th and 27th nothing yet, so just to -- as we look ahead and I -- and I recognize that for these developments time is money and -- but as you understand -- I don't think there is necessarily opposition, but at the same time we just -- we have to make sure we -- we are able to make this function in the -- in the larger sense, all the properties involved -- that will eventually be involved, so -- Layton: Thank you, Councilman Hoaglun, for your comments and that's why we had suggested, you know, trying to do something, you know, an interim alternative compliance, you know, a land trust, some -- or a road trust, something that we could, you know, keep moving forward, but, you know, ultimately, building a sidewalk that would be torn out, you know, next to a road that's unsafe. That was one of the suggestions. Just seemed like why would we do that. It would -- you know, we are just creating an unsafe situation and tearing out infrastructure eventually, which would cost more even just to tear it out, so I appreciate your comments and questions. Simison: Council, any further questions, comments, motions? Page 34 Meridian City Council Item#1. September 15,2020 Page 32—— Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm going to move that we close the public hearing on Item 9, H-2020-0067. Hoaglun: Second the motion. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? Just -- I will ask my -- I'm going ask a question, but Mr. -- if we -- if this was to be continued would it be preferred to be closed, since we would be taking additional information based on what happens at ACHD? Nary: Mr. Mayor, Members of Council, that's what I was curious, because if-- if the desire is to at least take whatever information or in some of the other -- you asked for a legal opinion about the road trust as an alternative compliance, you asked them to work with the neighbors to bring some information back to you, so I would suggest if so to simply just continue the matter to your next hearing date or whatever date you choose. Cavener: Mr. Mayor, I'm happy to withdraw my motion. Hoaglun: Second agrees. Simison: I have a motion and a second to withdraw the motion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for either you or Mr. Johnson is the public hearing that we have scheduled on the 13th expected to be lengthy? Johnson: Mr. Mayor, Councilman Cavener, I'm going to defer to Mr. Dodson. That is Modern Craftsman. I believe that was lengthy and it was continued and was not as lengthy the second time at Planning and Zoning. Do you concur, Joe? Dodson: Yes, Mr. Johnson. The Modern Craftsman shouldn't be that lengthy. However, I did have an application that should be continued from next week to that hearing as well for City Council and that's a time extension. That is not as simple time extension as it should be, but it will be there. So, considering the ACHD meeting is on the 7th, staff does recommend that we give, you know, a couple of weeks following that to make sure that we have adequate time -- by we I mean myself to work with the applicant, depending on any potential alternatives. Cavener: Mr. Mayor? Page 35 Meridian City Council Item#1. September 15,2020 Page 33 of— Simison: Councilman Cavener. Cavener: Appreciate that, Joe, and I don't want to overly burden staff. I want to try and kind of thread the needle between meeting the needs of the applicant and supporting you guys. I think maybe go right in the middle on the -- the 20th it sounds like we don't have any public hearings right now. So, unless I'm hearing any concern, shoulder shrugs, or not, I move that we continue Item 9, H-2020-0067, to October 20th. Hoaglun: Second the motion. Simison: I have a motion and a second to continue this item. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. It is continued. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, next is future meeting topics. Anything under that item? EXECUTIVE SESSION 10. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer; and (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated Simison: If not, we will move on to Item No. 10. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206A(1)(a) and (f). Cavener: Second. Simison: I have a motion to go into Executive Session. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, absent; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. We adjourn into Executive Session. Page 36 Meridian City Council Item#1. September 15,2020 Page"—" MOTION, CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (7:44 p.m. to 8:35 p.m.) Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Cavener: Second. Simison: Motion and second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn. Cavener: Second. Simison: I have a motion and a second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 8:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 29 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 37