HomeMy WebLinkAbout2020-11-04 Regular Meeting Item#3.
Meridian City Council November 4, 2020.
A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday,
November 4, 2020, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Brad Hoaglun
and Liz Strader.
Member Absent: Jessica Perreault.
Also present: Chris Johnson, Bill Nary, Alan Tiefenbach, Shawn Harper, Joe Bongiorno
and Dean Willis.
ROLL-CALL ATTENDANCE
X Liz Strader X Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
X Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: For the record it is Tuesday, November 4th, at 6:02 p.m. and we will begin
tonight's meeting with roll call attendance.
PLEDGE OF ALLEGIANCE
Simison: Next item is the Pledge of Allegiance. If you would all rise and, please, join us
in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Next item on -- on our agenda is the community invocation, which will be led
this evening Pastor Daryl Zachman of Calvary Chapel -- Calvary Chapel Treasure Valley.
If you would all, please, take this -- take this time to join us in the invocation or take this
as a moment of silence.
Zachman: Our Heavenly Father, we come before you this evening, acknowledging that
our hope and trust are in you. As the psalmist says: Blessed is the nation whose God is
the Lord. Our nation and our communities face many challenges, including a pandemic
and political and racial divisions. We ask for your mercy, protection, and healing for our
land. We lift up our Mayor and City Council Members. We thank you for their leadership
and the many hours they devote to serving the people of Meridian. Help them in the
decisions they make tonight. Guide them in protecting our citizens and improving our city
for everyone. We ask these things in the name of your son Jesus Christ, amen.
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ADOPTION OF AGENDA
Simison: Thank you. Next item is the adoption of the agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I would like to change up the agenda a little bit this evening. It has to do with
Executive Session. We will be adding Idaho State Code 74-206(1)(a) and 74-206(1)(f)
for discussion for Executive Session this evening. Other than that, I think everything looks
good. So, with that I move that we approve the--the --the agenda as-- as--as amended.
Hoaglun: Mr. Mayor, second the motion.
Simison: There is a motion and seconded to adopt the agenda with the additions. Is
there any discussion on the motion? If not, all in favor signify by saying aye. Opposed
nay. The ayes have it and the agenda is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
COMMUNITY PRESENTATIONS [Action Item]
1. Parks and Recreation Department: Service Recognition for
Commissioner Creg Steele
Simison: Next item is under Community Presentations. Parks and Recreation
Department service recognition for Commissioner Creg Steele. I'm going to turn this over
to Director Steve Siddoway.
Siddoway: Thank you, Mayor Simison and Members of the Council. It is my pleasure
tonight to be able to take this opportunity to recognize someone who has done a great
deal of service to our department and our city and that is -- is Creg Steele. Creg, would
you mind coming up and joining me. We were able to recognize Creg and give him a
plaque for him -- as he stepped off the commission at the meeting in October. However,
there was an award that had not come to us yet that I want to present to him tonight.
That's from the Idaho Recreation and Parks Association, our state parks and rec agency,
and I'm glad to see Treg here tonight, because Treg, Councilman Bernt, was formerly on
the -- the Parks and Recreation Commission before he was on Council and I believe it
was him that coined the term Godfather as our beloved nickname for Creg Steele for his
numerous years of service. So, I just want to read a little bit for you of what we submitted
that -- that won the award that we are going to present tonight. We call him the Godfather
of Meridian Parks and Recreation and for a very good reason. Meridian resident and
businessman Creg Steele volunteered as a member of the Parks and Recreation
Commission continuously since January of 2000. Prior to being appointed to the Parks
and Recreation Commission by the mayor then, Creg also volunteered with Meridian's
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March For Parks program for two years. Creg also served two terms as the president of
the commission and served as its vice-president numerous times as well. We have
actually lost count, but we believe it may be as many as eight times. In addition to these
roles, Creg has served the City of Meridian on its golf course advisory committee,
downtown revitalization committee, and its pathways committee. In the community he
also has served as a volunteer coach for youth athletics and for several years he donated
his time and talents to the Friends of Meridian Parks organization raising funds for needed
park projects. Creg will tell you his favorite projects over the years involved work on
Settlers Park and Kleiner Park because of the wide variety of amenities these popular
regional parks include and the wonderful assets they have become for our city. When we
asked him why he served the city for so long as a volunteer, Creg replied it's for the kids.
His commitment to preserving future park space in our community, developing quality
neighborhood community and regional parks, and enhancing the connectivity of our city's
pathway system has never wavered. Creg recently retired from a seat on the Meridian
Parks and Recreation Commission and attended his final commission meeting last month.
But he didn't get away without being recognized for his two decades of service to the
Meridian Parks and Recreation and for the positive impact he had on our community. So,
I would also like to note that earlier this year Mayor Simpson recognized Creg with the
prestigious Meridian Mayor's Legacy Award and, as I was mentioning at the beginning,
just a couple weeks ago was honored by the Idaho Recreation and Parks Association
with the citation of merit award for outstanding individual for someone who has made a
significant contribution to parks and recreation in the state of Idaho. Neither Creg nor I
were able to be in attendance at that particular conference, so it's my distinct pleasure to
take this opportunity to award -- to award this award to him tonight with all of you and
here it is. IRPA 2020 Citation of Merit Outstanding Individual Creg Steele in recognition
of outstanding service and achievement in the parks and recreation field. So, with that
thank you, Creg, for your 20 years of service and dedication to parks and recreation in
our community. I will turn this over to you and let you say a few words.
Steele: Thank you. Nice to see you guys here tonight and thank you. Yes, it's been a
while I guess and I have said it before and I just think, you know, Meridian -- we have
some awesome parks and it's because of what you guys do and the effort that you put in,
the commission and our citizens and all of us working together we have been able to
accomplish some -- some awesome things and our parks I think are some of the best in
the state and we have always had that attitude here. Steve and his department -- gosh,
what a great department they are and everybody treats it like it's their own, but with that,
though, with everybody doing and working together, you know, our parks are just second
to none and when we have had the ability to build a park we don't just build a park, we
build something that we can actually look forward to and something that's better than just
your average park. You know, you look at Discovery Park and Kleiner and all of these you know, Bear Creek -- any of them. Settlers. They are not just parks, you know, we we didn't have to have the tennis courts that we have out there, but we built it that way so
we could have a tennis tournament to bring people together and these groups and same
thing with the baseball fields there and stuff. So, I just thank you guys for working with us
on the commission and being there and supporting Meridian like you have.
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Simison: Council, the only thing I got is probably a standing ovation, but I will turn it over
to you for some comments if you would like.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: Along with the kiddos, Creg, I know that's the reasons why you said you do these
things and you have donated so much of your time over the years, but just as important I
believe you did it, excuse me, because you care not only for the kiddos, but the deep love
that you have for your community. I have known you for a long time and consider you a
dear friend. I know your family. Know your wife. Know your daughters. And you have
been a great volunteer. So, just want to let you know thank you so much. I hope your
tangerine color sells a lot in your neighborhood and business. Hope it's a hug hit for you.
And I just want you to know I hope you are not a stranger. I hope that you continue to do
what you do. I know it's in your soul. It's in your blood. I guarantee you that you are not
going to be able to stay, you know, sitting on your hands for -- for too long, because you
are going to get an itch to come back and do something and I want you to know when
that happens that the door is always open for you. So, thank you so much. Thank you,
Sandra, and thank you to your kiddos for the long nights away from home and all the
hours that you have donated to this community. Thanks, Bud.
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor. Creg, thank you so much for your service to our community. I mean
this is a true definition of someone who has a passion to see things done and they
volunteer, they step up to serve, and I don't want people to be scared away thinking they
have to serve 20 years, but you set the bar awfully high for everyone. But at the same
time you are a great example of what it means to serve your community and we are so
blessed with these outstanding parks because of service by you and others on the parks
commission and like you said, the staff and -- and people that sit up here, all working
together to make it better -- a better community and a great location. You know, just
thinking back, you know, I think we first met in 2008 when -- when I first came on Council
the first time and -- and those were -- those were tough times and I remember the
discussion when we had the ability to purchase that 70 acres, what is now Discovery Park
out there, and we just scraped pennies together to see -- it was such a great deal we had
to do it and I remember thinking someday, you know, what, 20 years from now that's going
to be fantastic. We will develop that as a park. It's going to be great that we did that.
And here it was ten years later we have first -- the first phase open, you know, from that
purchase time and it's -- you know, looking ahead of the foresight you had to make sure
that we think to the future and what our kids and grandkids and those that follow us have
and will it be something that's a quality and -- and the Kleiner Park is a good example.
We were blessed with that wonderful gift. But the involvement of the park commission
and staff on having that come about a reality in a way that's just beautiful, you know, you
just -- you just had your hand in so many of these parks that it's just a blessing for our
community, because -- because of you being involved. So, thank you for that, Creg, and
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I'm glad to call you friend and, yeah, like Councilman Bernt, I don't know if you will be able
to keep -- keep out of something, you know, but we would welcome your involvement.
So, we much appreciate your efforts. Thank you.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I would love to add a little bit to it. You are so loved around this community for
so long, Creg. Truly appreciate everything that you have done for decades literally. That
long-term vision that Brad talks about, Settlers Park is the example that -- that comes to
mind for me, because I remember the work when it was planned and, then, constructed
and, then, you know, both my boys grew up playing on it for years and years and years
and years. So, that long-term vision and the ability to, then, you know, most recently with
Discovery Park to know that -- that your efforts are to make the community successful for
generations. I know I got a chance to live it with my boys and they are grown up. You
served on the parks commission with one of them as he got older and I know their -- their
kids will probably play on Settlers Park and the fields that you envisioned as well. So,
appreciate all that you have done and it's -- it will last a lifetime in our community, so --
Steele: Thank you.
Borton: And Treg's right, do not be a stranger. I don't think you will be, but --
Steele: No. I don't think I can be, but --
Borton: Thanks, Creg.
Simison: Councilman Cavener.
Cavener: Thanks, Mr. Mayor. First, Steve, thanks for doing this award presentation here
at Council. Everything that's going on you could have easily taken it to Creg, sent us an
e-mail, and all that stuffs really great, but the fact that you took time to let us share part
of the celebration is really great and it speaks to I think so much about what makes Creg
unique is that he's truly an ambassador of our community. A convener. He's the guy -- I
think probably all of us on Council -- at least a lot of us that have been here for a little bit
at one point or another have called Creg to wrestle with an idea. I know that I can count
on -- on a couple of hands the times I have called him out of the blue say, hey, Creg, let
me -- let me throw something at you and his commitment to our community extends
outside of just the parks commission. Here is a guy who is really -- he's really on fire for
Meridian and is I think a shining example of a great Meridian citizen and Council President
Bernt hit the nail on the head, just thanking the family for -- for sharing him with our
community, with -- with our kids over the past 20 years, leaving quite a legacy that all of
us will be able to enjoy. Thanks, Creg.
Steele: Thank you.
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Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I will just say thank you so much, Mr. Steele, and your great example to our
community, especially because you gave the most precious resource, which was your
time, and I hope that other people are inspired by that to do the same. Thank you.
Steele: Thank you.
Simison: And -- and while I do want to end this with a standing ovation for your service,
you know, we are designed for living here and a lot of that has to do with the -- the parks
and what they mean for our families and I think that it's safe to say, you know, we have a
lot of people that volunteer in our community and a lot of people that make it special, but
here at the city we -- I think there is certain people that are part of the city family and you
definitely are part of that city family. So, whether you want to come back and help out or
you want to come back and complain, you know, whatever families do, you have that right
and when you have that and you will be respected for that whatever it is that you decide
to do. So, I don't want this to be like you are going away from that standpoint, but we do
just want to honor and respect all you have done for our community and say thank you.
Steele: Thank you.
Simison: And with that --
Siddoway: I think Shelly is going to want to get a quick picture.
CONSENT AGENDA
2. Approve Minutes of the October 20, 2020 City Council Regular Meeting
3. Approve Minutes of the October 22, 2020 City Council Joint Meeting
with Ada County Highway District
4. Hill's Century Farm North No. 1 Water Main Easement No. 1
5. Millbrae Subdivision Water Main Easement No. 1
6. Apex Offsite Sanitary Sewer Easement No. 5
7. Final Plat for Edington Commons No. 1 (FP-2020-0005) by Conger
Group, Generally Located on the East Side of N. Linder Rd., North of
W. Ustick Rd.
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8. Final Plat for Movado No. 9 (H-2020-0006) by DevCo, LLC, Located
Approximately '/4 Mile South of E. Overland Rd. on the West Side of S.
Cloverdale Rd.
9. Final Plat for Quartet Northeast No. 1 (FP-2020-0003) by Kody Daffer
of Brighton Development, Located on the East Side of N. Black Cat
Rd., '/4 Mile South of W. McMillan Rd.
10. Final Plat for Shelburne South No. 1 (FP-2020-0001) by Ian Connair of
KimleyHorn & Associates, Located on the North Side of E. Amity Rd.
Midway Between S. Eagle Rd. and S. Cloverdale Rd.
11. Final Plat for Shelburne South No. 2 (FP-2020-0002) by Ian Connair of
KimleyHorn & Associates, Located on the North Side of E. Amity Rd.
Midway Between S. Eagle Rd. and S. Cloverdale Rd.
12. Findings of Fact, Conclusions of Law 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.
13. Agreement for Extension of Domestic Water and Sewer Service
Outside Meridian City Limits at 2690 E. Franklin Rd.
14. Agreement Between the City of Meridian and Kurita America, Inc. for
the Purchase and Supply of Well 18 Iron and Manganese Removal
Tank and Equipment for a Not-to-Exceed Amount of $791,862.00
15. Approval of Cost Share Permit with Ada County Highway District
(ACHD) for NonTransportation Improvements Associated with Eagle
Rd., Victory Rd. to Amity Rd. Widening Project
16. License Agreement Between the Nampa and Meridian Irrigation
District and the City of Meridian Regarding a Pathway in the Baraya
No. 5 Subdivision
17. Estoppel Certificate by City of Meridian in Favor of Lakeview Meridian
Investors and Western Ada Recreation District Confirming Meridian's
Consent to the Assignment of the Lease at Lakeview Golf Club to
Western Ada Recreation District and Discharging Lakeview Meridian
Investors from All Covenants and Obligations Under the Lease
18. Memorandum of Understanding with Local 4627 and the City to Extend
Specific General Employee Benefits to the Union Members through
November 30, 2020
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19. Resolution No. 20-2240: A Resolution Vacating the 5 Feet Existing
Property Drainage, Utility and Maintenance Easements Established
Along the Interior Lot Lines of Lots 1-4, Block 4 of the Gemstone
Center No. 3, in the City of Meridian, Ada County, State of Idaho
20. Resolution No. 20-2241: A Resolution Authorizing the Eighth
Continuance of a Local Disaster Emergency Declaration and its Terms
for an Additional Thirty (30) Days; Authorizing the Continued
Immediate Expenditure of Public Money to Safeguard Life, Health and
Property; and Providing an Effective Date.
21. AP Invoices for Payment - 10-27-20 - Special - $51,803.31
22. AP Invoices for Payment - 10-28-20 - $5,283.50
23. AP Invoices for Payment - 11-03-20 - $786,413.41
Simison: Next item is our Consent Agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: Mr. Mayor, I don't believe that we have any changes on the Consent Agenda. So,
I move that we approve the Consent Agenda, for the Mayor to sign it and for the Clerk to
attest.
Hoaglun: Mr. Mayor, I second the motion.
Simison: I have a motion and a second to approve the Consent Agenda. Is there any
discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have
it and the Consent Agenda is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: Mr. Clerk, do we have anything -- nothing removed from the Consent Agenda.
PUBLIC FORUM — Future Meeting Topics
Simison: Do we have anyone signed up under the public forum?
Johnson: Mr. Mayor, we do not.
ACTION ITEMS
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24. Public Hearing for Proposed Winter/Spring 2021 Fee Schedule of the
Meridian Parks and Recreation Department
Simison: Okay. Then with that we will move into Action Items. Our first item is a public
hearing for proposed Winter-Spring 2021 Fee Schedule for the Meridian Parks and
Recreation Department. I will open this public hearing with staff comments and turn this
over to Mr. White.
White: Mr. Mayor, Members of the Council, thanks for having me tonight. In front of you
guys is the proposed fees for the 20-21 Spring-Winter activities that we plan to offer. With
that I will stand for any questions.
Cavener: Mr. Mayor?
Simison: Council, any questions? Yes, Councilman Cavener.
Cavener: Thank you, Mr. Mayor. Garrett, not necessarily a question about the fees, just
maybe a quick overview for Council about kind of how the Parks Department's had to
pivot around COVID, kind of what the plans are, backup plans related to the winter-spring
activities and -- I guess I don't -- I don't see us necessarily coming out of this phase
anytime soon and I think it would be good to know kind of how the department is
responding.
White: Councilman Cavener, Mr. Mayor. Good question. We are constantly -- and we
this past year have had to be flexible all the way through and adapt as the orders come
down either from the CDH and/or the governor's office and, really, it's to keep our
community safe. So, we collaborate with the Central District Health Department quite a
bit on our programs, giving them an idea of what we want to do, make sure they are on
board with it and make sure we are a partner with them as well in doing this. So, to
answer your question, we just kind of-- kind of roll with the punches and see what we can
offer and adapt to what we do. Sometimes we will limit numbers based on number of
gatherings and things like that. But, ultimately, we do work with CDH to make sure we
are being safe and providing programs or community engagement activities for the
community. So, I hope that answers your question. Kind of. Do you have a follow-up?
Cavener: Mr. Mayor, follow up if I can.
Simison: Councilman Cavener.
Cavener: I guess, Garrett, taking all of the -- all that we have learned over the past year,
one of the changes that the department has done in response to -- I mean to your point
we are not offering programs the same way that we have, but I mean does -- in your
opinion does this next rec guide look the same as years past or have we made changes
and what do we do if-- if this doesn't get any better in terms of refunds or communicating
with our -- with our customers?
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White: Councilman Cavener, Mr. Mayor, some of the things we do -- we just try to
communicate the best we can with our customers. If for some reason we have to go
backwards and cancel classes, we put that information out as soon as possible. We offer
things based on the current order and how we are going to proceed with those orders and
adapt as we get towards the class. So, really, it's just a communication between the
public and what we do. Our current activity guide we plan to -- we would like to see it the
same as in the past. We are going digital with it to make it more -- I guess cost effective
getting information out. A lot of things are going digital. We tried that this last time and it
worked out very well. We got good feedback and it got out to everybody. A lot of
information was posted. But when it comes to the actual protocols that we have in place,
each program is different. Like I mentioned, we do limit the gathering sizes. We have
hand sanitizers in place. We have the mask requirements there for all of our programs.
We have the social distancing things. All while working with Central District Health while
we are putting these programs on. And that's the key thing is we want to make sure our
community stays safe.
Simison: Council, any other questions? This is a public hearing. Is there anybody that
would like to provide testimony on this fee schedule or did we have anyone sign up, Mr.
Clerk?
Johnson: Mr. Mayor, no one signed up and there is only one participant here.
Simison: Okay. If anyone would like to provide testimony, please, do so by using the
raise hand feature at the bottom of Zoom. Just give that a second. Seeing no one,
Council?
Hoaglun: Mr. Mayor?
Simison: Council Member Hoaglun.
Hoaglun: I move that we close the public hearing for the proposed Winter-Spring 2021
Fee Schedule for Meridian Parks and Recreation Department.
Bernt: Second.
Simison: I have a motion and a second to close the public hearing. Is there any
discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay.
The ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
25. Resolution No. 20-2236: A Resolution Adopting the Winter/Spring 2021
Fee Schedule of the Meridian Parks and Recreation Department;
Authorizing the Meridian Parks and Recreation Department to Collect
Such Fees; and Providing an Effective Date
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Simison: Next item is Resolution No. 20-2236.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I will move approval of Resolution No. 20-2236, adopting the Winter-Spring
2021 Fee Schedule of the Meridian Parks and Recreation Department.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I second that.
Simison: I have a motion and a second to adopt Resolution No. 20-2236. 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 resolution is agreed to. Thank you, Garrett.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
26. Public Hearing for East Ridge (H-2020-0096) by Devco Development,
LLC, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd.
and S. Eagle Rd.
A. Request: Development Agreement Modification to replace the
approved clubhouse amenity with a dog park, water feature and park,
and removal of additional requirements for berming, increased
setbacks and fencing.
Simison: Next item on the agenda is the public hearing for East Ridge, H-2020-0096. I
will open this public hearing with staff comments and turn this over to Alan.
Tiefenbach: Good evening, Mr. Mayor, Members of the Council. Alan Tiefenbach,
Associate Planner. So, this is a proposal for a modification to an existing development
agreement for reconfigurations to the second and third phases of the East Ridge plat,
removal of a required clubhouse amenity and removal of a development agreement
addendum that was approved to address neighbor comments. Put up a vicinity map here,
so refresh your memory. It's at the northwest quadrant, basically, of Eagle and Lake
Hazel. I'm going to run through a little bit of the history, because there is a lot here. The
property was annexed, zoned, and platted for 139 residential lots. Let me close this. And
it was platted for seven common lots. And that was done in 2017. The development
agreement included general layout, amenities, building elevations. In 2019 it was
discovered that additional concessions that were made by the developer during the public
hearing had not been included into the original development agreement. In 2019 the
Council approved a DA addendum that included these conditions and most of these
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conditions were specific to the western property at 2310 East Lake Hazel. They -- they
included wrought iron fencing, a one story height berming and increased landscaping.
However, it's important to point out that some of the additional requirements were not just
specific to the western property. That includes a one story height for all houses in the
Village area -- and I will go through in a minute with some diagrams to kind of explain this
to you. So, some of the additional requirements that weren't just specific to the western
property included one story height for the houses in the Village area, increased setbacks
at the northwest and east portions of the platted area, as well as an age restriction for
properties in the Village area. I think it's important to note that that age restriction was
one of the reasons why -- it was one of the justifications that was used by the applicant in
the public hearings to rezone it to R-15, because there were some significant community
concerns at that time. So, the filing one of the plat was approved in 2019 and the majority
of this is built out. The applicant requested a pre-app to discuss filing two and phase
three as well. The lot configuration for filing two did not differ enough to require revisiting
the preliminary plat. You can -- you can do things -- you can make changes as long as
you don't increase the number of lots or decrease the common -- or open space, which it
didn't do, but the layout did different enough that the design didn't match what was shown
in the original DA exhibit and that also includes the elevations. They were different as
well. In addition to that, at this pre-ap meeting the applicant proposed to remove the
clubhouse. There was a clubhouse that's required to be built with filing two and this
applicant wanted to eliminate the clubhouse and reduce it -- and replace it with a dog
park, water features, and an outdoor shelter structure. Also this applicant requested that
the DA addendum be terminated, because the property to the west is now under a
different ownership. On the left here is the original preliminary plat and what really is
different here, Council, is that the dotted lines you see there were common lots. There
were common lots all over this plat and it became very difficult for staff to try to enforce
setbacks on this. What you see on the right is what is proposed now. And, again, the
major difference is is that those common lots have gone away and you will see now that
in that -- I guess that loop that you could call it in here, there is two new internal private
roads that are taking the place for those common lots. Outside of that, the lot sizes and
the lot numbers have not changed. This is the approved landscape plan and I just put a
little label there to show you where the clubhouse is. So, Lake Hazel is down here and
this is the entrance. Most of all of this up to the north and all of this to the east is mostly
under construction. There are probably a third of the lots that are still vacant and being
built on. I put this exhibit together to try to explain the addendum to you. So, the
addendum has four sections to it. It talks about the whole development. It talks about
the estate lots, the rim estate lots, and the Village area. I want to sort of go through and
talk about this, if that's okay with you, Council. Starting on the left-hand side -- so, the
applicant proposes to terminate the entire addendum. Staff had concerns with the entire
addendum going away, because, as I mentioned, there are some restrictions that would
apply to all of the properties, not just the western property. So, starting with the estate
lots, the DA addendum restricts properties to one story in this area and rear -- rear
setbacks should be 45 feet. So, there are -- there are numerous properties to the north
here that would be affected by that as well, not just this property to the west. The -- in the
estate lots the DA addendum requires all of these properties to have 45 foot setbacks and
seven and a half foot side setbacks and there are -- there are a few lots that have not
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been built on here yet. Staff looked to see if building permits had been issued and they
have not yet. That's why staff is concerned about removing all of those restrictions. Those
would affect actually all of the properties in the subdivision that's under development to
the east. We recommend in addition -- this is the Village area here. It's in green. That's
the area that's zoned R-15. It's supposed to be age restricted. The DA addendum
restricts properties in this area to one story and it also requires it to be age restricted.
There is numerous -- some 80'ish, maybe -- or maybe 90 lots there still to be built out
here. Staff thinks that removing that addendum is a pretty significant change and that
would affect a lot more than just the western property. And, finally, the DA amendment
requires all of the specific properties -- it requires specific things for this western property
and that's the wrought iron fencing, the setbacks, the berming, the landscaping, staff is
okay with removing all of those requirements. In addition, on the left here you can see
the elevations that were proposed with this DA. In general what you are looking at here
is your duplex-type houses and on the -- on the right-hand side what is being proposed
are these patio homes and you can see that these are being shown as one story. So,
staff is fine with that. So, staff recommends termination of the development agreement
addendum, referencing the staff report. Staff recommends the original DA be -- be
amended and this DA amendment would retain the requirement for a clubhouse. So, we
don't agree with the applicant on that particular thing. We also recommend that -- we
referenced the new lot layout and the elevations and that is in the -- the recommendations
in the staff report and it would also retain -- or I guess you could call carry over all those
requirements that I talked about in the addendum that were not specific to the western
property. Again, those are all listed in the staff report. And with that I will entertain any
questions, Council.
Simison: Thank you. Alan. Council, any questions for staff at this time?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Thank you very much, Alan. I guess do you have a concern about the amenity
that is specifically because this is age restricted housing and is that typical?
Tiefenbach: That's a great question. Thank you. Yes, we do. So, there is a few reasons
why we -- we didn't -- we didn't support removal of the clubhouse. The applicant's
justification -- and I think this is going to be the only issue that the applicant and staff are
not going to be seeing eye to eye on. So, the applicant's justification for the clubhouse
was that with the COVID pandemic there are less people that want to mingle indoors and
their argument is that more people now want to do things outside. Staffs concern with
that, first of all, is the -- the pandemic, hopefully, is going to be a temporary situation, I
really hope. Not a long-term situation. We don't believe that the -- the desire for a
clubhouse amenity for indoor gatherings is going to go away just because of this
pandemic. The second thing, Council Person, is that the --the --this clubhouse is specific
to the Village area, which is this R-15 zoned area, which are these patio homes and patio
homes typically have very narrow side yards, not a lot of backyard. So, we think that's
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even more reason why there should be some sort of community gathering place and,
third, I guess-- and really importantly is that outdoor areas in Idaho are probably not going
to be super useful in maybe November until April when it's cold and snowy and icy. We
think that an indoor amenity, like a clubhouse, would be much more useful to the local
population.
Strader: Thank you. Mr. Mayor, a quick follow up.
Simison: Council Woman Strader.
Strader: I guess my question would be is this typical that we would get this specific about
a particular amenity. I know sometimes we require a tot lot, for example. I guess I'm just
trying to wrap my head around it in terms of is there a precedent that we have set that we
are specific to age restricted housing requiring a clubhouse for any specific safety reason
or another overarching concern that's different because that population is different. Is
there anymore to it than just usability and for it to fit with the community?
Tiefenbach: Not being here longer than seven months I'm not sure if I can give you a
specific example. It's very common that the Council has approved development
agreements with very specific requirements. There has been some additions to projects
for tot lots or something like that within a specific area, so -- so, yeah, I think -- I think
staff's opinion is that this is -- this amenity would -- would provide a much greater benefit
to the -- to the residents than like a dog park. The other thing we are concerned about is
that many of those lots have already been -- have been sold in the area and we are not
sure which ones are already sort of in the pre-sale area now, so we do have concerns
about maybe people thinking that there was going to be a clubhouse there and finding
out that that clubhouse has gone away.
Strader: Thank you.
Tiefenbach: And if I can add, I want to give a little personal experience if I may. I just
bought a house. Literally. I just closed on it on -- on Monday and in the -- in the
neighborhood where I just bought a house there is a lot that has a clubhouse and a pool
right now under construction. It's about half completed. And being a resident of that
subdivision I can tell you that I'm very excited to know that I have a clubhouse and a pool
that I can use year around.
Bernt: Congratulations.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Yeah. Alan, congrats again. How far away is this location from Discovery
Park?
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Tiefenbach: Yeah. It's pretty close. Is it right across the street? I don't have the GIS up,
but it's -- if you are talking about the one that's under development, it's down Lake Hazel
-- yeah, a quarter mile on the left-hand side.
Cavener: That was my thought. Okay. Thank you.
Simison: Council, any other questions for staff? Okay. With that I will recognize the
applicant for 15 minutes and we will turn this over to Mr. Clark.
Clark: Thank you, Mr. Mayor. Can everybody hear me? Okay. Thanks. And I would like
to share a presentation if I could. It looks like I have got a -- I'm competing -- oh, nope.
Now it's -- now it's available. Thank you. Okay. So, Hethe Clark. 251 East Front Street
in Boise and I am working with BlackRock Homes and Conger Management Group on
the development agreement modification that Alan's discussed with you tonight. I thought
I would start with a little bit of background. I think Alan has kind of given you that to a
pretty high level, so I'm not going to spend as much time on that as I might have been
thinking before. But as you know, this is an existing project. It is underway. It's been
very successful through phase one. Some of you will be aware that phase one, which we
call the estates -- and that's how I will refer to it through the course of the night. Those
are the larger lots on the exterior. Those are -- that area is well on its way too being built
out. What we are doing now is we are moving on to phases two and three, which is the
Village. So, I will refer to these smaller lots in the age restricted community as the Village.
It is not built, but we know a lot about how it will best function based on what we have
experienced with other projects and I would point you to Movado as a very good example
of that. What we are dealing with now is we are dealing with a number of things as we
-- as we are moving forward. What we have learned in having conversations with folks in
these communities that there are certain types of amenities that they want to see. One
thing that they want to see is small, easily maintained backyards and that goes to the --
the lot reconfiguration that we have discussed -- that Alan has shown you. Another thing
that we have learned from talking to folks is that the amenities that they want are not
clubhouses anymore. The amenities that folks are looking for are outdoor amenities, like
dog parks, and so we will -- we will circle back on that, but I wanted to point out that this
-- this application comes from that -- the conversations that we are having with folks who
either live in these projects or would like to live in these projects. So, as we -- as we look
at this application and as Alan mentioned, we propose to modify the layout to respond to
what we have learned from these other homeowners and from what we have learned
through working through this process with the city, as Alan mentioned, the common
driveway thing is pretty tough to manage. This application proposed to remove the old
addendum -- and that came -- I want to be clear about that. That wasn't an attempt to try
to affect some of these restrictions in -- in phases two and three that we have talked about
tonight. That was done at direction of staff, because it looks like at this point you will
recall that the -- it was the Baumgartner property to the west that drove those additional
restrictions and -- and that is now part of the Lavender Heights project and so a lot of
that's been overcome by events. You know, we -- again, there -- I just want to be clear
that there is no increase in density here. It's the same number of lots. We are using
private streets, rather than common drives. It simplifies life for us. It simplifies life for the
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city and we are in agreement with the -- all of the points that Alan made tonight. So, there
is no -- there is no debate about the drawing that Alan showed with the gold around the
estate lots and around the rim, all of that. We are all on the same page when it comes to
all of those standards. And, again, we appreciate Alan's work on that and there really is
only one item for us to talk about tonight, which is this -- the amenity package for this
project. So, let's cut to the chase with that. So, as you enter the property -- I want to give
you a feel for -- for what folks would see here, because this really comes down to have
we met your code and, then, are we responsive to what the market would dictate for this
type of a project. So, as one enters the project they are going to see this entry monument
that they will pass on their way into our amenity area. So, this is the--the entry monument
from Movado. It's going to look a lot like this as people come into the project. And, then
this is what they will see once they get there. So, we are proposing for the -- for this 20
-- for every -- you know, for every 20 acres there has to be another amenity. So, for this
area we are proposing three. The combination that we are looking at, rather than the
single clubhouse from before, is a ramada or what I would like to call an open air
clubhouse and why do I call it that? This is not just a picnic shelter like your code would
speaks to. It's going to be a substantial structure. It's going to be nicely designed with
seating, with barbecue area, electrical hookups, extra parking and I will show you a photo
soon of what that's going to look like in a moment. But I want you to see it in context with
the rest of the amenity package. The second amenity would be the water fountain that
you can see on the right. I have a photo of what that's going to look like as well. And,
then, the third amenity would be the dog park. That's going to have double gates. It's
going to be fully fenced. It will have seven seating benches in it. There will be -- as you
can see on the screen, a walking path around the perimeter. It will be fully landscaped.
It's about a third of an acre and it's the right size for this small gated community. So, if
we look at the water feature, this is what was proposed -- or, excuse me, what was
approved in Movado and we are proposing to use a similar design. As you know, water
features are improved active use to meet your qualified open space requirements. This
is what we are proposing as the ramada, though I like to call it an open air clubhouse. It's
-- this design is a photo from another project that we are working on in Eagle. It's been
through design review there. It's about 16 by 30. As you can see it's -- it's got substantial
construction. It's sharp. It's a beautiful amenity. It's going to be a functional gathering
space with -- as I said, electrical and gas hookups and parking nearby. So, bringing this
back around to the application, you know, what -- what are we asking for? So, the -- the
current Condition 5.1.d says that in the Villages we would provide a clubhouse for that
area. It's only for the Villages. It is not for the surrounding estates. Only for the Villages.
And I need to emphasize that, because to be clear we have to go -- we need to do this
DA mod before we can plat. So, no -- no lots in the Villages have been sold. There is no
expectation by anyone of a clubhouse at this point. It hasn't been promised. It's not
something that the estate area would use. You are -- if you look at Section 5.1.d, the
same one we are talking about modifying right now, it is very clear as to that allocation
between the Estates and Villages. So, what we are trying to do here is to get out ahead
of the question and we are addressing it with the benefit -- benefit of insight from owners
at our sister communities as to what they want to see. Again, they want to see dog parks.
They don't want to see clubhouses. And I think that's an important thing here, because
we have to think about the size of this community. It's -- this area -- you know, the Village
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is 96 lots. That's not enough to provide the extensive use of an indoor clubhouse and
what that means is we would be saddling those 96 lots with the ongoing expenditure of
maintaining, repairing, and keeping a clubhouse going, when we don't think that that's
what they want and what -- it would be appropriate for the market. So, we think this
amenity not only meets the market, it's smarter for the future HOA and I want to be clear
-- and this goes to Council Woman Strader's point -- this does meet -- it still meets your
-- your code requirements. Your code -- one of the qualified site amenities is a picnic
structure with tables. We think this is a heck of a lot more than a picnic structure with
tables, but it absolutely needs to -- and we don't think that there is a requirement or that
it's -- that it's appropriate, really, to micromanage that amenity, so long as it's being
provided in a way that satisfies your code. So, in order to keep it simple, this is the
language that we would suggest for 5.1.d. We can keep a pretty light footprint in it. The
underlined words would be added and, then, this -- there would be just a strike through
of the one word. So, it would read the amenities specific to the Village concept include a
ramada slash open air clubhouse, sitting area, a dog park and water feature on a large
common lot. We think that's a pretty straightforward way to deal with this. It allows us to
move forward in a way that we think is appropriate to the market and we would appreciate
your approval on that and happy to answer any questions in the meantime.
Simison: Thank you, Mr. Clark. Council, any questions for the applicant?
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor. Mr. Clark, I just wanted to make sure, since we are on video
conferencing and sound is -- sometimes it's -- it's difficult, but I want to make sure to
confirm with you that-- the clubhouse amenity is for the Village area only. I think you said
it was and the other question I have is that there are no lots sold yet in the Village complex
portion of this development. Is that right?
Clark: Mr. -- Mr. Mayor, Council Member Hoaglun, you are correct on both and to just
reemphasize, there are no lots sold in the Village area. We haven't -- we are not platted
yet at this point. This is what -- the process we are going through now is preliminary to
-- to taking any of those actions.
Hoaglun: Thank you.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Hethe, a couple of questions for you. I know you guys have done kind of similar
projects like this over the valley. Do you have a ballpark about what the O&M is on -- on
a clubhouse facility like this, what was originally proposed -- or was originally -- or still
being proposed a year?
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Clark: Mr. Mayor, Council Member Cavener, I don't have a specific number for you right
now. That's something that I can -- I can certainly try to get for you. I mean it's certainly
going to be significantly more to maintain -- you know, to power, maintain, take care of,
HVAC systems, cleaning, you know, I -- so, this is a -- kind of a commonsensical approach
to it, rather than a pro forma approach is the way I would put it.
Cavener: Mr. Mayor, a follow up?
Simison: Councilman Cavener.
Cavener: Hethe, clearly, you know, there is -- there has been an increase of excitement
or demand for dog parks in -- around Meridian and -- but I'm curious if you have had any
conversations with the planning staff about building an amenity that's, again, from my
perspective fairly close to a very similar public asset and what the decision was and why
-- why a dog park versus another proposed amenity?
Clark: Mr. Mayor, Council Member Cavener, so -- and that's a -- that's a fair point and
definitely kind of thought that might be where your question was headed after we had
talked to Alan about it. I would just say that this is a -- a gated community that, it's going
to have a small clientele that are going to be living there, they are going to want to bring
their small dog to this area and we are thinking a little more as a -- kind of -- exclusive
isn't the right word, but something more along those lines for this neighborhood, you know.
And, then, the other thing is that until -- until we get some of those sidewalks connected
and things, you know, other -- you are looking at basically -- even though it's kitty corner
you are probably going to be driving over there. So, this is one that allows people to walk
to it within the community.
Cavener: Okay.
Simison: Council, any additional questions for the applicant at this time? Okay. Thank
you very much. This is a public hearing. Mr. Clerk, do we have anyone signed up to
testify on this item?
Johnson: Mr. Mayor, no one was signed up in advance, but Annette Alonso was in the
lobby, so I brought her in.
Simison: Okay. Ms. Alonso, if you were wishing to testify, if you would like to unmute
yourself and you will be recognized for three minutes.
Alonso: Can you hear me?
Simison: Yes, we can.
Alonso: Okay. This is Annette Alonso. I'm at 2204 East Hyperdrive in Meridian, Idaho,
and I'm representing the Southern Rim Coalition in this situation. I was heavily involved
in the original debate over this development, as I do live in BlackRock, but I don't have a
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lot of faith in this developer. There has been a lot of things change that have been said
and unsaid and things done, so I'm kind of hesitant when they talk about doing something,
because it always seems to be there is a DA at the end, so -- so, a couple things. You
know, they talk about surveys, so were those surveys done on paper or were they done
on the computer? Did somebody just call somebody? Are we talking about hearsay?
Because, you know, I don't know what surveys they talk about, because I haven't seen
anything like that. So, I would like to know what they are talking about as far as that's
concerned. And when we are talking about the amenities, I kind of don't have an opinion
whether they do a clubhouse or the outdoor park. I think the outdoor is kind of nice. This
development in general is very very lacking of open space. There is one small -- maybe
-- maybe a half an acre, maybe three-quarters of an acre that has a huge -- a huge
irrigation pond on it and it's got a couple of benches and it's got a little pump house on it.
That's the only open space there is in this development right now and there is no place
for kids to kick a ball, because when Devco developed this there was a big talk about
them-- how they were going to do the continuity of the hill and how the natural topography
--well, they filled in thousands of yards of dirt and built this up to build these lots and even
though the lots seem big, they are actually mostly like a 60 foot hill that drops straight
down into Sky Mesa. So, you know, a lot of things have been done and I worry about
what they tell us, because I don't necessarily know that it's true. I know they talked about
deed restricting this to a 55 or older community, but when I read the documentation I'm
not sure they are talking about doing that now. So, I just want to make sure and verify
that they are planning on deed restricting. And if deed restricting, why are we putting
private roads in here? I don't understand. This development is kind of tight to get in and
out of anyway. There is really only one road in and one road out and, then, another one
through BlackRock that's on a little windy kind of cul-de-sac kind of road down to Taconic.
So, not putting the gated community in would make this a much easier subdivision to
move around in as far as commuting is concerned. So, I don't really understand why the
private gated. These are all estate lots up against estate lots. I don't know what the
reasoning is between -- behind the gated community. So, I just kind of wanted to find out,
make sure that's deed restricting and find out why exactly they want to do a gated
community, because I think it kind of blocks a lot of pedestrian and road traffic and, then,
as per the DA, I know they talked about the fact that that property has sold. I believe the
Baumgartners are still living in that home and that house is still there and that house is
always going to still be there, it's going to be part of Lavender Heights and it's going to
stay. So, to remove all those restrictions that were going to be there for that home seems
a little silly as the house is still there and Lavender Heights was platted with -- thinking
that this is what was going to go and was going happen along that area that would be the
east side of Lavender and the west side of this Village position. So, I wouldn't want to
see those things that -- those restrictions released along that border, because I think it's
nice. There is already-- I don't think there is quite a fence there yet, there is just a barbed
wire fence, but I think the open fencing is nice, it just makes everything seem open and I
don't understand why we want to change that at this point. So, anyway, those are my big
questions. The other thing is I kind of feel like we don't have any parking in this little part
of the development now. These houses are so close together, other than a driveway
where are these people going to park? There is not even a place to park around the front
where the open area is, where the common area is. Where are people going to put their
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-- park their cars if they come to visit? So, those are kind of my questions. Would like
the applicant to go over those for us. That would be great. Thank you.
Simison: Thank you. Council, any questions? Okay. Thank you very much. Is there
anybody else that would like to provide testimony on this application at this time? If there
is anyone online that would like to do so, please, raise your hand, but I don't think we
have anybody, except for those already in the room. Then I will invite the applicant to
provide final comments.
Clark: Thank you, Mr. Mayor. Hethe Clark. 251 East Front Street. Again representing
BlackRock Homes and Conger Management Group. So, obviously, just one speaker to
respond to. You know, I -- I always find it hard to have a good, useful conversation when
people are talking about trust and these sorts of things, so I'm just going to focus on the
facts and keep this as simple as I possibly can. So, when it comes to the surveys, where
they come from, we -- this group works with a number of communities like this. Those
surveys are in person and in writing. But what it really comes down to is what does the
market look for and that's what we want to know, that's what we want to understand. We
want to understand if people are happy with the community. We want to understand what
people think they would prefer to see. That's where this comes from. So, the -- I think
the point is is that we are trying to be responsive to the market with this change. The
open space, we exceed the open space requirements. With regard to the deed restriction,
the -- the -- what staff has proposed here is a condition of approval that this be an age
restricted community. It's also included conditions of approval that deal with the height
and the setbacks and we are in agreement with all of the changes that staff -- or, excuse
me, the -- the height limitations and setback limitations that staff identified. I happen to
be the attorney for the Lavender Heights project as well and I will just point out that, yes,
the Baumgartner home is still there, but there are multiple homes in between these --
these two projects that are going to be constructed through the course of the Lavender
Heights development. There are deed restrictions that have already been put in on both
sides of the property with regard to the height and that -- that -- that's already been taken
care of and what staff has done with including some of those setback restrictions just is
belt and suspenders. With regard to the gated community comment, the original project
here did not have a gated community. The gated community was a response to what
neighbors wanted and so that-- that's -- that's a tough one for me to respond to, but that's
-- the original submittal had -- did not have a gated community. That was a response to
what the neighbors were looking for. Then with regard to parking, we exceed parking
requirements and there will be parking -- additional parking -- parking allowed on street
and we have shown parking in the -- around the amenities area as you can see here. So,
we think that all those comments are addressed. Happy to answer any follow-up
questions.
Simison: Thank you. Council, any questions for the applicant?
Borton: Mr. Mayor?
Simison: Councilman Borton.
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Borton: Hethe, you made reference that -- I think you had indicated you are part of the
project directly to the west; is that right?
Clark: Mr. Mayor, Council Member Borton, that's correct. That's Lavender Heights.
Borton: Okay. Are you able to represent that project's position on removal of those
conditions along the western boundary? There is several of them that would impact that
adjacent property and they are not here directly to speak whether or not they would have
an objection to them, but you might be able to comment on that, but --
Clark: Mr. Mayor, Council Member Borton, so the -- they have not indicated any
opposition to that. I wouldn't want to say I'm putting words into anyone's mouth as -- but
they are aware of what's going on here. So, I think I would just leave it at that. Again,
those -- a lot of that's already been built on and both sides have those restrictions in place,
in addition to the -- the development agreement requirements.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Okay. I might have miss -- misheard you before. The -- the property just to the
west, those -- those lots have already been built on as part of that project; right?
Clark: Mr. Mayor, Council Member Borton, not yet. No. I'm talking about the ones in
East Ridge.
Borton: Oh.
Clark: A lot of East Ridge is built at this point.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Here is the question that would come up, Hethe, is if I said -- and the public
comment referenced it -- if I had concern that the project directly to the west would have
an understanding of how it was going to be built along that shared border with berming
and setbacks and planned accordingly, how are we to know that this requested change
isn't something that they would object to and have concerns with? Try putting you in the
hot seat to see if you were able to -- to comment on their behalf, but if you -- if you can't
that's a fair concern, a fair question.
Clark: I think, Mr. Mayor, Council Member Borton, I would say it's pretty much like any
other application, you know, that's -- there is an opportunity to speak. I know it's been
posted. I know that there are ongoing conversations between the two principals that I'm
not party to, but this is the -- I would see this like any other application in the sense that
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there is an opportunity to speak or-- you know. Or forever hold your peace and so I think
I would leave it at that.
Borton: Okay. Thanks, Hethe.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I -- Mr. Clark, I guess I -- I would ask you a question. It's not often that someone
gets put in the middle of the peanut butter and jelly sandwich here with these two
developments, but do -- do you need time to get back to us to confirm that point to ensure
that you don't have a conflict or a situation? I would hate for you to get thrown in the
middle of something awkward if it's a simple matter of getting confirmation that the
property to the west is on board.
Clark: Mr. Mayor, Council Member Strader, no, I don't think so, because what we are
doing is the -- the single level restriction is remaining at the areas adjacent to those
properties. So, functionally, there is really no difference between what we are talking
about here. I don't see this as a fundamental change for purposes of those properties to
the west. You know, they are taking -- they are getting rid of the open area fence -- open
air fencing, the wire fencing between the two, and -- and we are going to have single level
matching up against single level. So, I -- I don't see that as being, you know, something
that raises a significant concern there and, again, there have been multiple conversations
between the property owners, the site's posted -- I appreciate your point certainly, Council
Woman Strader, because I get the -- the peanut butter analogy. I think it's very apropos.
But I don't -- I don't see that as being a -- an issue here.
Strader: Thank you.
Simison: Council, any further questions? Okay. Thank you very much.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I will ask one, actually. Hethe, if you are still there. So, amongst these changes
it sounds like the 5.1.d with that clubhouse, are you able to comment on that individual
item in relation to all the other requested changes, being if -- if 5.1.d was not changed
and the clubhouse -- the amenities remain, is the entire request contingent upon that
provision changing as well or would you still be seeking to make the changes in the DA
that -- that staff has identified excluding this amenity change?
Clark: Mr. Mayor, Council Member Borton, I'm not sure that I understand the question,
but I will take a stab at it. I -- the way I would put this is that a lot of this is clean up. You
know, it is trying to address some of the logistical concerns that have come up with regard
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to the use of the common drives and -- and we -- eliminating that, you know, and allowing
for a lot configuration that gives backyards. It's to try to take away some of the logistical
headache of dealing with those common drives that was happening in the city. It's -- and,
then, it's just cleaning up that amendment that really addressed concerns that really don't
exist anymore and in large part have been overcome by events. So, yeah, I would say a
lot of it is clean up from that perspective. The substantive item here is the clubhouse.
We would like to see that changed. We think that that would be appropriate for that to be
changed. We --we meet your code with the different amenities, other than the clubhouse.
This is -- shouldn't be a question of, you know, which one do people want to see more,
it's a question of what meets code and it certainly meets code as we proposed it. So, you
know, from that perspective we think that it should be approved, but I -- I would say that
all of the elements of this development agreement modification are worthy and we would
want to just see all of it approved and if we can't get all of it, then, we would still want the
remainder of it to be approved.
Borton: Okay. Mr. Mayor?
Simison: Councilman Borton.
Borton: Just some -- some comment if we are -- we are pondering and considering.
Hethe, I appreciate the -- the presentation. I will just tell you bluntly where I'm coming
from. It -- I just have concern over that part and maybe it's credit to the prior -- the DA
provisions and the request to put in the clubhouse, that it made great sense and it tied to
the type of community this was intended to be and the age restricted and the single level
and it's kind of compact and -- and folks socializing in this clubhouse facility. I recall it
being a pretty integral part of it and I thought it was presented pretty well and made great
sense to be part of this and that was not very long ago. So, I can't recall very many
situations, if ever, where we pivoted on something like this in such a short time frame.
So, I wrestle with that. And, then, wrestle with the COVID being some or all of the
justification for the desire to not be in closed spaces and I'm not sure about that. I agree
with staff, that's a short term issue we hope.
Clark: Mr. Mayor, Council Member Borton, if I could respond to that. So, COVID is
certainly one of the elements there. It's not the primary. You know, the primary is to try
to respond to what we think the market wants and that we think a clubhouse is overkill for
the -- for this type of a project, that would be saddling it with, like you said, long term
financial obligations that would be we think inappropriate. The -- whether it was specific
in the prior applications, I wasn't -- I didn't do the presentation, but I have reviewed the
application materials. There is no elevations of the clubhouse. There is no design of a
clubhouse. There is no dimensions of a clubhouse. It's shown on the -- on the landscape
plan as a concept and, you know, I just wanted to point out that it -- a clubhouse is one of
a handful of qualified site amenities in -- that include, you know, picnic areas, tables,
benches and structures for shade. Very clearly qualifies as an -- as a -- as a site amenity
here and I -- I just don't read the -- the prior application as being contingent on the
clubhouse. It currently has a condition that speaks to the clubhouse, that's why we need
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to modify it, but that's -- but I don't think that anything I have read suggests that that was
the linchpin of the prior approvals.
Borton: Okay. Well, I appreciate that. Part of just expressing some of the hesitation.
Some of the comments and looking at the narrative page four of the DA mod, amenity
update narrative from your application, is where it's coming from, at least the reference to
the, quote, new COVID era. It just begged the question of-- if there wasn't COVID would
the request still be coming and I only asked that because it was cited in your -- in part of
the application. So, it seemed to be some -- at least portion of the reason for the request.
If that's not the case I understand as well, so --
Clark: Mr. Mayor, Council Member Borton, I take your point and I'm not saying that it
wasn't a portion of the request, but I'm -- I'm also hopeful that it is an era. I think -- if I'm
getting on my own soapbox, I'm afraid we are going to have this kind of thing happen.
We got lucky that we didn't have that happen for 50 years or a hundred years. I'm afraid
it's going to happen again. That's just Hethe -- science by Hethe. But, again, the real
issue we think is trying to be responsive to the market and so we are asking for the ability
to be responsive to the market and that's what we see and that's what we are trying to do
here.
Simison: Council, any other thought provoking statements prior to closing the public
hearing?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: Are you saying that Councilman Borton's comments weren't thought provoking?
Simison: No. I would say they were very thought provoking.
Bernt: Okay. Mr. Mayor, all kidding aside --
Simison: Councilman Bernt.
Bernt: I -- I remember this application when it first came to Planning and Zoning when I
was a commissioner many moons ago. In fact, I remember even testimony from Ms.
Alonso directed at me during that -- during that commission hearing. In regard -- there
has been very few instances, I believe, in what we do when a project is presented and
isn't well received and the developer goes back and completely re -- like completely
redoes -- you know, re-designs the entire project and it went -- and it really made a lot of
sense and I -- and this was one of those projects. Mr. Conger's original design had some
issues and he worked with the neighbors to the -- to the west and to the north and -- and
came up with this -- this application -- on this project and I thought it was phenomenal. I
mean I think -- I think -- I thought it dotted all the I's and crossed all the T's. One of the
cool aspects of this -- of this project -- and I believe it was even spoke about that evening
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was the clubhouse. It was one of the amenities that made this project, you know, so
appeal -- you know, so that a -- that it would appeal to so many people, knowing that
across the street or at least up from the street there would be this -- this park and so I
think I --just to be forthright and honest and clear in my comments, I believe that I support
staff's recommendation and comments that have been made prior to mine and so that's
where I stand this evening.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I will make a comment. I don't have the same history with this application and
-- and so I respect my other Council Members opinions if they think that the clubhouse
was like what cinched the deal, but just -- for me personally, just taking a step back, this
is an equity risk and it's -- to me it's different than a tot lot where we feel like we have a
population that doesn't have a voice and we need to make sure that those kids have a
place to play. These grownups can decide if they want to buy one of these houses or rent
one of these houses or not and if not having the clubhouse is a failure in the market, then,
this developer will sure figure out how to go and build one I think. I'm not as concerned
about the amenity package personally. I feel like that--that they should know their market
and what amenities will appeal to the potential people -- residents who will move in and
so I'm just not as -- I'm not as concerned about that personally. I do feel like Ms. Alonso
has a lot of valid concerns about open space and things that we are looking at. It just
feels like this is a multiple phase project that we are already very far into and I do think
it's an improvement cleaning up the private drives and I just don't think we are going to
tackle that here, but I do take her point on that. I'm in favor of most of the changes that
are requested tonight.
Hoaglun: Mr. Mayor?
Clark: Mr. Mayor, if I might -- and I want to make sure that some of these concerns about
the --
Simison: Mr. Clark, turn the time to Mr. Hoaglun, please. Councilman Hoaglun.
Hoaglun: Thank you, Mr. Mayor. My comments will basically mirror Councilman Strader's
remarks where we don't have, like her, the history of having dealt with this multiple times
and hearing the testimony and different things. So, it comes to me in a different look and,
you know, making sure that the clubhouse amenity is for the Village only. The fact that
there have not been lots -- it hasn't been marketed with that clubhouse, that to me makes
a -- makes a difference and as long as they are meeting the amenities -- qualified
amenities for our community and they want to pivot from a clubhouse to these other
amenities, if -- if -- if they think that's what's going to appeal and be able to sell these
units, then, I -- I don't have an issue with that. It's a -- there hasn't been a promise made
to someone that that's what they are going to do. They are going to offer something
different and let the market decide if that's what they want or not. So, I'm less concerned
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about that. I think Councilman Borton did bring up a good point, making sure that the
issues to the west, was it, that -- are taken care of and I understand Mr. Clark's situation
there, but-- and he makes a good point that if there was concern they needed to be here
and voicing that concern. So, that's -- that's kind of my take on the situation right now.
Simison: Councilman Cavener, I see you are unmuted.
Cavener: Oh, sure. Mr. Mayor, thanks. Good -- good deliberation from the body tonight.
I have to admit I kind of started in a spot very similar I think to Council Members Bernt
and Borton. I remember this hearing. We had a lot of meetings I think about this particular
project with a lot of good deliberation and if I recall I think one of the comments that was
made from the applicant at the time about the clubhouse, as opposed to more open
space, spoke to the park that's just right down the street, which is why I have struggled a
little bit with the dog park. It's just maybe a personal preference where it's so close to an
amenity and so much of what the testimony was when we last heard this. But the piece
about the clubhouse -- while I know the applicant talked a little bit about, yeah, this has a
little bit to do with COVID, frankly, I think that this is going to be something that we are
going to see a lot of as a -- as a body. I think that the last year is going to change the
habits of folks and we are going to see more people that are going to place a higher
emphasis on outdoor community gathering, as opposed to indoor confined spaces,
specifically in an age restricted type of environment. So, I have -- I have kind of evolved
my thinking on this a little bit. Council Member Hoaglun hit the nail on the head. If -- if
there had been any commitment or communication to the public about --the buying public
about what this is going to be, I think that's a different conversation. Do I think there is a
better amenity than a dog park? Yeah, I do, but I also trust that the applicant is going to
put forth the most competitive amenity to meet their audience. They know their business
better than I. If it falls within our amenities package I'm -- I'm supportive. So, I have -- I
have changed on this. The other piece, too, that I think that it comes down to and -- and
Council Member Strader touched on this a little bit. Obviously, anybody who buys or rents
knows what they are -- what they are getting into. But I'm sure all of us have talked to
some neighbor in some form or another that have complained or voiced concerns about
the high cost of homeowners association dues and when you look at the cost to operate
a large building, the O&M on that, that doesn't fall on the backs of the developer, that falls
on the backs of our residents and the homebuyers. So, that's a piece that I'm concerned
with as well. So, I think overall I'm supportive of the request and -- and would be
supportive of it moving forward.
Simison: Thank you. And while, you know, I -- I won't obviously be voting tonight, unless
someone recuses themself. You know, I was going to play the Devil's advocate to what
Council Woman Strader had said, it -- it's on both sides to your point. Anyone who goes
and purchases a home in this area will know what their obligations are on the front end,
as much as it is on the developer to determine that. It's -- you know, it is a completely
market driven decision that, yes, could have unsettled costs, just like putting in a pool in
your backyard, you know, you love it until you don't and many things. But those are
market decisions. So, I don't have a big opinion about whether or not this should be
changed or not. You know, there is no public here really testifying on these changes and
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1 think that to me is always the bigger concern is to put something through at one point in
time and come back and do a modification later. It's more perception to the public is my
bigger issue if that exists in this case, but I assume everyone was notified properly and
they had the opportunity to be here to testify and no one has chosen that decision at this
point in time, so -- Council -- I know Mr. Clark was attempting to speak earlier. Do you
feel you have the need to hear what he had to say? Would you like him to -- okay. Mr.
Clark.
Clark: Mr. Mayor, I'm -- I'm fine. I think it-- it got worked out through the --the deliberation.
So, I will leave it at that. Thank you.
Simison: Okay. So, Council, with that do I have a motion?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I move that we close the public hearing.
Cavener: Second the motion, Mr. Mayor.
Simison: I have a motion and a second to close the public hearing. Any discussion? If
not, all those in favor signify by saying aye. Opposed nay. The ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: After considering all staff, applicant, and public testimony, I will move to approve
file number H-2020-0096 to terminate DA addendum 2019-021791 and to approve DA
number 2018-052339 with the conditions as presented in the staff report for today's
hearing date with the change that we will allow -- instead of having a clubhouse as an
amenity, that we will allow as presented by the applicant, ramada outdoor seating area,
the dog park, and the water feature.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: I will second the motion.
Simison: I have a motion and a second. Is there any discussion on the motion?
Bernt: Mr. Mayor?
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Simison: Councilman Bernt.
Bernt: I think I'm okay with that. Wondering if the Council would like to talk about real
quickly maybe about the dog park and -- and maybe -- maybe opening that up to a third
amendment -- amenity other than a dog park. Maybe something similar or something
different or whatever. I -- I don't know. Maybe we are too late. You know, Council Woman
Strader's already made her motion. But having a dog park -- a dog park right across the
street -- I don't know. I might be the only one that cares.
Simison: I would suggest a pickleball court, but I think we might have one of those right
across the street as well.
Nary: Mr. Mayor?
Simison: Mr. Nary.
Nary: I think part of the conversation that Alan had, too, though, was the addendum
requesting rescission. I didn't hear that as part of the motion. We wanted to resend the
addendum that I believe was related to the western boundary changes, so --
Strader: Mr. Mayor?
Nary: -- is that included in the motion?
Simison: Council Woman Strader.
Strader: I believe my motion included to terminate the DA addendum and to, then, amend
the DA.
Nary: Okay. Thank you.
Simison: Did the second hear that when they seconded?
Cavener: Yes.
Simison: Okay.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Thanks, Mr. Mayor. To Council Member Bernt's question, it's something
through tonight's hearing I have wrestled with. If -- if not a dog park, then, what? And I
haven't -- I haven't been able to draw a conclusion as to something that I think would
maybe be a better mousetrap. I don't know if you have anything that you are wanting to
suggest. I'm clearly open to the conversation, although I'm a little concerned, because
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we closed the public hearing. We may want to reopen it up if it gains any traction to at
least get some feedback from the applicant.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: You know, I'm in the open space amenities committee and one of the most popular
amenities that we have is walking paths. Maybe like a connection to walking paths.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I guess I'm -- I'm not sure if -- if -- if we have the ability to do that. I would be
open to that. I'm open minded. I just -- I guess I have heard what the applicant's willing
to do. I kind of get it, like a dog park across from a dog park. I get that. I also think,
though, maybe there is a convenience factor of why they have proposed a dog park. You
know, maybe that's the reasoning. I just feel like we can't really solve the open space
issue. In the past if we had an inadequate requirement now through amenities -- I'm just
more tempted to approve as presented by the applicant personally. Unless you have
something more specific --
Bernt: Mr. Mayor?
Strader: -- personally, that's just my opinion.
Simison: Councilman Bernt.
Bernt: Maybe we just -- maybe we just -- just leave it as open space, you know. Maybe
make a recommendation, hey, you know -- I don't know. the number two -- you know, the
number two most popular amenity in the city in the -- on the open space committee that
I'm on is just open space.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I will amend my motion to approve the dog park or if the applicant chooses open
space, I would be okay with that as well.
Cavener: Mr. Mayor?
Simison: Yes, Mr. Second.
Cavener: I guess a question for staff. If that qualifies as an amenity.
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Tiefenbach: Typically open space has to be more than 20,000 square feet to qualify as
an amenity.
Cavener: Mr. Mayor, because of that I wouldn't agree to that.
Simison: Second does not agree.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I will go back to my original motion then. Let's -- let's get it done.
Cavener: Mr. Mayor, unless there is any other deliberation, I'm happy to call for the
question.
Simison: The question has been called. With that clerk will call the roll.
Roll call: Bernt, nay; Borton, nay; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault,
absent.
Simison: Motion passes. Three to two. And the item is agreed to. Thank you very much,
Alan and applicant, for the information this evening.
MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT.
FUTURE MEETING TOPICS
Simison: Council, next item is future meeting topics. Anything under that item?
EXECUTIVE SESSION
27. [Amended Title] Per Idaho Code 74-206A(1)(a) To deliberate on a labor
contract offer or to formulate a counter offer. 74-206(1)(a) To consider
hiring a public officer, employee, staff member or individual agent, and
74-206(1)(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 27, Executive Session.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
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Bernt: I move that we go into Executive Session per Idaho Code 74-206A(1)(a).
Simison: And --
Bernt: And 74-206(1)(f).
Hoaglun: Mr. Mayor, second the motion.
Simison: Motion and a second to go into Executive Session. Clerk will call the roll.
Johnson: Mr. Mayor, I apologize. There were actually three Executive Sessions we did
at the beginning. 74-206A(1)(a), 74-206(1)(a) and 74-206(1)(f). Make sure you had that
correct.
Bernt: So, let's add 74-206A(1)(a) to that motion.
Hoaglun: Second agrees, Mr. Mayor.
Simison: All right. We have a motion and a second. Clerk will call the roll.
Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault,
absent.
Simison: All ayes. We will adjourn into Executive Session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
EXECUTIVE SESSION: (7:30 p.m. to 8:18 p.m.)
Simison: Council, do I have a motion?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we come out of Executive Session.
Hoaglun: Mr. Mayor, second the motion.
Simison: I have a motion and a second to come out of Executive Session. All those in
favor signify by saying aye. Opposed nay. The ayes have it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bernt: Mr. Mayor?
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Simison: Councilman Bernt.
Bernt: I move that we adjourn the meeting.
Hoaglun: Mr. Mayor, second the motion.
Simison: I have a motion and a second to adjourn the meeting. All those in favor signify
by saying aye. Opposed nay? The ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 8:18 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
11 / 17 / 2020
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
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