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HomeMy WebLinkAbout2021-04-27 Regular Meeting Item#2. Meridian City Council April 27, 2021. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, April 27, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Joe Dodson, Alan Tiefenbach, Mark Ford, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is April 27th, 2021, at 6:02 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Our next item on the agenda is the community invocation, which tonight will be delivered by Pastor Tim Pusey with the Valley Shepherd Church of the Nazarene. If you all would join us in this -- in the community invocation or take this as a moment of silence. Pastor. Pusey: Heavenly Father, we call on you tonight in behalf of our community and we thank you for the many ways in which you have blessed the community of Meridian. We find it such a -- such a blessing and a privilege to be a part of this community and we thank you, Lord, for the good people who serve our community in lots of different ways. Tonight I -- I pray for our Mayor. I have reflected so many times of how he came into office in one of the most challenging seasons really in my lifetime and thank you for the way you have helped him and our City Council and our other leaders. Thank you now for -- for our new police and fire chiefs, Chief Basterrechea and for Chief Blume. We pray, Lord, that you would be with them and all who serve with them and all of our first responders and the people who serve in this building, work behind the scenes. Lord, I pray for our City Page 15 Meridian City Council Item#2. April 27,2021 Page 2 of 24 Council tonight. I thank you for these who serve. I think in so many ways it's probably a thankless job, but I thank you for the interest in our community, the passion for our community they bring to the table and their willingness to serve in this way and, Lord, I pray wisdom and guidance for them tonight as they deal with various issues and, Lord, may the -- may the conversations and the decisions that are made reflect godly wisdom and wisdom that -- wisdom that comes from you. Lord, I pray that you would help us to ever be mindful of those in our community who are struggling just to have their basic needs met and, again, we -- we thank you for the privilege of living in this community and we look forward to what you are going to do in the days and the years ahead. In the name of Christ we pray, amen. Thank you. ADOPTION OF AGENDA Simison: Thank you, Pastor Tim. Our next item is public forum. Do -- Mr. Clerk, do we have anyone signed up? Oh, I'm sorry. Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: We do have an item, Item 5, that the applicant has asked to be continued, but in the interest of -- of public testimony we are going to leave it open, just in case there is folks in the audience that would like to offer some testimony. So, with that said I move that we adopt the agenda as presented. Hoaglun: Mr. Mayor, I second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is agreed to. The agenda is adopted. MOTION CARRIED: ALLAYES. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, not for that topic. PROCLAMATIONS [Action Item] 1. Denim Day for Sexual Assault Awareness Month Simison: Okay. The next item will be a proclamation, which is Denim Day for Sexual Assault Awareness Month. I'm going to ask Bee Black, Julie Eng, Chris Davis and Becky McGuire to join our city Council President Treg Bernt at the podium to read -- for the Page 16 Meridian City Council Item#2. April 27,2021 Page 3 of 24 reading of a proclamation. Bernt: Thank you. Very honored to read this proclamation this evening. I think the reason why is because I'm the only guy up here who is wearing jeans and so -- thank you. Thanks. But very honored to do this. So, thank you, Mayor, for that. I thank you for the --for the opportunity to have you guys here, the Women and Children's Alliance, to accept this proclamation. So, whereas the United States government has declared April as Sexual Assault Awareness Month and the Women and Children's Alliance has declared April 28th, 2021, as Denim Day and whereas both events are intended to draw attention to the fact that rape and sexual assault remains a serious issue in our society and whereas Sexual Assault Awareness Month and Denim Day were also instituted to call attention to misconceptions and misinformation about rape and sexual assault and the problem that many in society remain disturbingly uninformed with respect -- with respect to issues of assault and forcible rape and whereas with proper education on the matter there is compelling evidence that we can successfully reduce incidents of this alarming psychologically damaging crime and whereas the City of Meridian is an important partner in the Women and Children's Alliance efforts to educate our community about the true impact of rape and sexual assault, therefore, I, Council President Treg Bernt, on behalf of Mayor Robert E. Simison, do hereby proclaim April 28, 2021, is Denim Day for Sexual Assault Awareness Month in the City of Meridian, encourage all citizens to speak out against sexual assault and support local efforts to provide help and healing to victims of these crimes. Thank you. Black: So, I'm Dee Black and I have had the privilege of being the CEO at the WCA for the last six -- 13 years and I just am so honored and privileged that we are able to stand here tonight with your Mayor and with your City Council and have this proclamation read. Raising awareness is what Denim Day is all about. Raising awareness around how insidious and how damaging sexual assault is in our community. As a service provider to anyone in your community who had suffered that trauma, we are ready, willing, and able to assist and so really invite you to, please, learn more about Denim Day, about the origins -- origins of it and to do just like the Council President is doing, wear denim tomorrow if you are comfortable doing so. Thank you. Davis: I will really quickly -- on behalf of the Council and the Mayor and all of your police force and everyone else who has reached out to engage with us recently, I want to say thank you. I am a citizen of the city of -- or the town of Meridian city -- the big growing town. I actually just live right over the bridge and it took me like 20 minutes to get here. Couldn't believe it. It took me longer to get from downtown Boise. But I really appreciate the efforts to let members of this community know that the WCA is here for them, because the WCA is a free resource for anyone who might be listening now or you might know someone who is suffering from the trauma of sexual assault, because it -- it can have a lifelong impact and I am guaranteeing that you probably do know someone. If you don't know someone now you will and if it's not the WCA there are lots of other resources, but just know that that can have a lifelong impact, whether it's a child or a young adult, or a young man or a woman or someone who is in a relationship when it happens. Being believed and just having someone offer resources and, then, reaching out to those that Page 17 Meridian City Council Item#2. April 27,2021 Page 4 of 24 have that knowledge to offer that deeper help can mean so much and can make such a difference to the rest of that individual's life and their family and everybody else who touches them. So, I appreciate being here as a member of this community and I'm really excited about the more -- the deeper opportunities and relationships that we could have. So, reach out to us. We have got a 24 hour hotline and our website and we would love to be here for you. But on this special day I think it's really great. Tomorrow is Denim Day. Wear your denim. If you are on social media throw your picture out there and tag us and we will be sharing all day long. This is an international event and millions of people across the U.S. tomorrow will be joining you in Meridian, Idaho, tomorrow. The mayor of Boise will also be making a proclamation, so that is hundreds of thousands of people and those two together and we hope each year will be making it bigger. So, we are so excited to be here tonight and so we are so grateful for you for making this proclamation. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe just a quick comment that I know we sometimes reach a bigger audience and if people need help, their 24 hour sexual assault hotline is 208-345-7273 and their domestic abuse hotline is 208-343-7025. Simison: Thank you, Council Woman Strader, for bringing that to everyone's attention and appreciate you, Council President Bernt, for doing that on my behalf and -- and Bee and everyone with Women and Children's Alliance, it has been great having many opportunities to engage with you over the last several months. There is a Meridian patrol call car out there that has a pin roll on it. It's the newest addition to our fleet in terms of a car that is identified for the -- to all who work the women's and children's lives. I know that's not necessarily tonight, but we have appreciated the strong partnership working together. So, thank you. ACTION ITEMS 2. Final Plat Modification for Lupine Cove (MFP-2021-0004) by Matt Schultz of Schultz Development, Located at 4000 N. McDermott Rd. Simison: Okay. Council, we are ready to move on to our action items for this evening. First item up is the final plat modification for Lupine Cove, MFP-2021-0004. I will turn this over to Alan. Open this public hearing with -- or it's not a public hearing. Open this with Alan for comments. Tiefenbach: Good evening, Council. Can everybody hear me okay? Bernt: Yes, sir. Simison: Yes, we can. Page 18 Meridian City Council Item#2. April 27,2021 Page 5 of 24 Tiefenbach: All right. There we go. There I am. Good evening, Mayor, Members of the Council. This is a modification to a final plat. The property consists of 6.89 acres. It's located at 4,000 North McDermott Road, which is between Ustick and McMillan and it's zoned R-8. So, this final plat for 26 buildable lots on six -- a little more than six and a half acres of land in R-8 was approved by the Council on February 9th. Following the City Council hearing ACHD requested for North Patmos Avenue to be shifted to the east to align with the stub street, which would line up with the subdivision to the north and also increase the offsets on McDermott. So, you can see here this is the original configuration, if you can see my pointer here. It's been shifted -- basically, shifted and slipped a little bit so there was two lots there when we started, there is three lots there now. No increase in lots. However, staff has reviewed the proposed final plat for substantial compliance. Because of the modification only involves a shift in the northern stub to the east and creation of-- of an additional track for an irrigation easement, with no additional lots, staff finds that the proposed final plat is in substantial compliance with the approved preliminary plat request. However, I want to mention that the revised landscape plans did differ slightly from the approved final plat landscape plan in that there were trees that were shown as existing that have been removed. Staff has added a condition that prior to the city engineer's signature on the final plat the applicant shall submit a tree mitigation plan approved by the city arborist that accounts for how qualifying trees that were shown on the approved landscape plan and proposed for removal will be mitigated per UDC 11-3B- 10C and with that I would entertain any motions or any questions. Simison: Thank you, Alan. Council, any questions for Alan? Okay. I see Mr. Schultz is with us. Matt, did you have any comments you would like to add? Schultz: Let's see here. There I am. Matt Schultz, 8421 South Ten Mile. Sorry you guys have to see me twice in one week on a final plat modification. Been doing this for 20 years and this is the only two I have ever had, so -- it's pretty simple. I think it was the day of our hearing we got a comment from ACHD to move that back and also to -- for a couple different reasons that Alan covered and that's pretty much it. We don't need to get any changes of code or -- or doing anything crazy, we just adopted the wrong graphical representation of our final plat. We need to replace it with a new one and we will -- we do agree with staff's conditions on resolving a tree issue where the sewer construction for the high school came down that road 30 feet deep and wiped out a few trees last fall and I think our landscape architect is a little too -- too accurate and we are going to mitigate for those within our site or probably put two or three times the number required along McDermott to accommodate them. So, with that we won't do it again. We will make sure we get these comments back early enough and we don't have to do anymore final plat modifications. So, thank you. Simison: Thank you. Council, any questions? If not, do I have any motions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 19 Meridian City Council Item#2. April 27,2021 Page 6 of 24 Perreault: I move that we approve the final plat modification for Lupine Cove, MSP-2021- 0004. Cavener: Second the motion, Mr. Mayor. Strader: Second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you, Mr. Schultz. MOTION CARRIED: ALLAYES. 3. Public Hearing for Meridian South Fire Station & Police Substation (H-2021-0008) by City of Meridian, Located at 2385 E. Lake Hazel A. Request: Annexation of 4 acres of land with the R-8 zoning district to develop the property with a fire station and police station. Simison: Next item is a public hearing for Meridian South Fire Station and Police Substation. H-2020-0008 and I will open this public hearing with staff comments and turn it over to Alan. Tiefenbach: Thank you very much, Members of the Council, Mr. Mayor. This I think is a relatively simple one. The site consists of four acres of land, zoned RUT, located at 2385 East Lake Hazel Road. This is directly adjacent to Discovery Park. This is Discovery Park here. It is just west of Eagle. The property is zoned RUT in Ada county. It's surrounded by R-4, R-15, and R-40. The Comprehensive Plan recommends this property for a medium density residential. This is a --this is a request for an annexation and zoning of four acres of land with the R-8 zone district to develop an 11,600 square foot fire station, an 11,000 square foot police substation building. I have not received any comments from the public. Here is the site plan. So, although much of the -- the land surrounding this cite was zoned and -- and annexation in 2015 as the South Meridian Annexation, the subject property was not included as part of this annexation. As I mentioned, the site is directly adjacent to the new Discovery Park, which is what you see over here. The plans are to develop a fire station, which would be down here to the south, and a police station, which will be up here to the north and these will be done separately. They are going to be on different timelines. The fire station is planned to be constructed -- I believe what they said was 2022. Following annexation, if this were to annex, then, there would be a conditional use which is required for both of these, because these are public or what are called public or quasi-public uses in the R-8 zoning district. The applicant will be required to construct a new north-south collector roadway. So, this does not exist here now, but Page 20 Meridian City Council Item#2. April 27,2021 Page 7 of 24 this is shown on our -- on our master street map and ACHD has already talked to them about this. Right now there is an existing access from the north and there is already access to Discovery Park. The plans are eventually that they will close off those driveways and I believe they will also eventually be closing off the access for Discovery Park off of Lake Hazel. It is intended to get as many accesses off of arterial roads as possible and to connect the accesses onto this new collector road. Although ACHD is requesting that the applicant construct a five foot wide sidewalk along the collect -- the collector, one -- one for the police station and one for the fire station, the -- per the parks department the applicant will be required to construct a ten foot detached pathway along this sidewalk. So, ACHD said five -- five feet, but our trails master plan talks about ten foot pathways along both of these. The applicant is well aware of this. The city is well aware of this and are amenable to this. Just as a point -- a point of information, this collector street and Lake Hazel is eventually planned for signalization. That was something that would be dealt with in the future. The applicant has submitted colored elevations for both of the buildings. Architecture consists of sloped roof buildings with CMU and woodgrain metal panels as primary filled materials and exposed timber frame and metal soffit accents as the accent materials. The proposed architecture will be reviewed in detail with the administrative design review. It must meet the requirements for the City of Meridian architectural standards manual. That would be done with the certificate of zoning compliance. The Meridian Planning Commission heard this item on April 1st. There was no discussion. They moved for approval. And with that I would entertainment any comments or questions. Simison: Thank you, Alan. Council, any questions for staff? All right. Then with that do we have the applicant here? Gladics: I will be speaking as the applicant. My name is Gunnar Gladics and I'm the architect on the project. My address is 11400 Olympus Way, Gig Harbor, Washington. So, I wanted to say to Mr. Mayor and Council, thank you for letting us speak here today and, Alan, thank you, that was a good introduction to the project. As you know the project -- the intent of the project is to -- to help the city increase the level of service to grow in areas of-- of the city and reduce response time for fire and police. The opportunity of this site that is beneficial is the ability to provide police and fire on one site and, hopefully, provide some economical development of the site. The -- as far as our conditions of approval go, I just wanted to say that we agree with all of the conditions that staff has given to us in the report and we will execute those in the next phase of design. Thank you. I will stand for any questions. Simison: Thank you. Council, any questions? And, I'm sorry, my screen just went blank, so if anyone out there is wanting to speak you will have to speak up. Johnson: Mr. Mayor, I had to reboot the cameras in the room, so that's why our screens went this way, but they should be coming back online now. Simison: Okay. We are back. Okay. And we have no one who has signed up, but this is a public hearing. Is there anybody in the audience that would like to provide testimony Page 21 Meridian City Council Item#2. April 27,2021 Page 8 of 24 on this item or anybody online who would like to provide testimony? If so, use the raise your hand feature at the bottom or come up to the podium at this time. Okay. We do have one person who has raised their hand. Mr. Clerk. Johnson: Mr. Mayor, Annette Alonso coming in the meeting now. Simison: Okay. If you could state your name and address for the record, Annette, and be recognized for three minutes. Alonso: This is Annette Alonso at 2204 East Hyper Drive in Meridian. I'm just to the north of this site in BlackRock. Just have a question about when the police substation is going to be built. Will that be built simultaneously with a fire station or is that planned for a future date? Simison: Is it appropriate for me to answer that or -- Gladics: The applicant could answer that. Simison: Would the applicant like to answer or would they like me to try to answer that? Gladics: I can -- I can give some information on -- on the construction. So, through our perspective, what we know to date is that the fire station is the likely candidate to start construction in early 2022. The site development portion of the -- the entire site will be completed, so that all the street trees and all of the required streetscape and landscape will all be completed during the initial phase of construction and that the police precinct, I believe -- and I may need somebody else to speak up to it -- is still under review for -- in budgeting. So, I -- I am unaware of a solid start date for the police substation. But we will be landscaping and creating a pad for that, so that isn't -- it won't be a dirt field or anything like that. We will have landscaping and appropriate city standard -- city standards for that. Simison: And I think to my knowledge, Gunnar, to answer that as best as we can at this point in time is there is a north precinct and a south precinct, both under consideration and -- at this time. So, Annette, hopefully, that answers your question as best we can today. Is there anybody else that wants to provide testimony on this item? If not, are there any last comments? Gladics: None from us. Thank you. Simison: Okay. And, Council, do I have a motion or discussion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing. Page 22 Meridian City Council Item#2. April 27,2021 Page 9 of 24 Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed no. The ayes have it. MOTION CARRIED: ALL AYES. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It seems like it's in the best interest of the city to annex this and we certainly will need a future fire station and police station no matter when we ultimately do them. So, unless there is other discussion, I would put a motion out to approve this. After considering all staff, applicant, and public testimony, I move to approve file number H- 2021-0008 as presented in the staff report for the hearing date of April 27th, 2021. Cavener: Second. Simison: I have a motion and a second to approve this item. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is approved. MOTION CARRIED: ALLAYES. 4. Public Hearing for 1450 W. Ustick Road (H-2021-0016) by Mark Bigelow of MRS Landholdings, Located at 1450 W. Ustick Rd. A. Request: Development Agreement Modification to amend the Sugarman Subdivision Development Agreement (Inst. #2018- 088000) to replace the existing concept plan with the submitted development plan. Simison: Next up is a public hearing for 1450 West Ustick Road, H-2021-0016. We will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor. Alan, can you close yours up? Thank you. Everybody can see my screen and hear me. Thank you. There we go. First item by me tonight is 1450 West Ustick. The application before you is a development agreement modification. The site consists of four acres of land, currently zoned C-C and located at 1450 West Ustick or the northeast corner of Ustick and Linder. The applicant -- well, first, the site was annexed in 2014 and was short platted for four lots. The plat was never recorded, Page 23 Meridian City Council Item#2. April 27,2021 Page 10 of 24 but the DA and zoning ordinance was and so both are still applicable. The applicant proposes to amend the existing development agreement, which was under the Sugarman Subdivision -- Subdivision. The amendment is to replace the existing concept plan and amend or add new provisions consistent with the new development plan. The existing DA concept plan depicts three buildings, a gas station, a multi-tenant building and a bank with a drive-through. The existing DA restricted the location of the drive-through through the hearing process and stated that it could not be facing the east. The new concept plan depicts eight single story multi-tenant office buildings that --that could contain those uses allowed in the C-C zoning district. The applicant has indicated that they only allow office uses within the development, but staff did not recommend specifically prohibiting any uses. Key points of interest for this site are going to be as follows: The public road stub on the subject site's northern boundary, that was not part of the original approvals and comes from Eddington Commons, which is this. ACHD does not provide action or conditions of approval on development agreement modifications, so they will not act on this. They did not submit anything other than a letter. They will not provide comments or conditions until a future development application is applied for would be a certificate of zoning compliance. I have discussed that in more depth and recommended certain provisions within the staff report. In addition, the Linder access point should be closed with the future CDC application submittal. The need for this access is mitigated as there would be an access through Eddington Commons to the north and, then, out to Linder Road and be a safe access to Linder Road. In addition, the applicant is requesting Council waiver to reduce the required landscape buffers along the northern and eastern property boundaries from the required 25 feet to 15 feet as shown and includes a pedestrian pathway within both buffers on the north and the east. In addition to the buffers themselves, the site plan shows a drive aisle and parking spaces between the rear -- rear yard fences of future homes in Eddington Commons and the proposed commercial buildings. Overall the buildings should be at least 45 feet from the eastern property line and 60 feet from the northern property line, which is ample separation between the uses. The MDA only requires Council action so that's why I did not go to Commission and staff does recommend approval of this subject DA modification. I will stand for questions. Simison: Thank you, Joe. Council, any questions for staff? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Hey, Joe, thank you. Just one question for me. Is there a reason why staff didn't recommend prohibiting uses? Dodson: Only because the -- the C-C zone already has some restrictions in it naturally and with the proposed buffers and the -- the parking spaces, again, being 60 feet and 45 feet we just didn't find it necessary. We think that these tenant spaces alone will kind of limit what uses go in there. Council is more than welcome to. I did list some probable uses within my staff report that are more specific that I think would go here and those are limited compared to what is in the -- our use table and if you want to use that as a condition Page 24 Meridian City Council Item#2. April 27,2021 Page 11 of 24 that's perfectly fine or you can leave it as is. Simison: Council, any additional questions for staff? Okay. Is the applicant with us in person or online this evening? Dodson: Should be online. Simison: Online? Dodson: Oh. Sorry. Simison: Okay. If you would like to come forward and state your name and address for the record. Dodson: Sorry about that, Mark. Bigelow: Mayor and City Council, thank you. My name is Mark Bigelow. I reside at 1716 North Stagno Bello Place in Eagle, Idaho. First of all, Joe's been great. It's been a -- it's been good. There is -- there is some nuance to this -- there were some nuances with Eddington Commons' access and ACHD that we worked through and it's a -- it's been good. It's been really good. We are fully ready to comply with whatever ACHD decides. In fact, any -- any further restrictions as we go through the existing zoning compliance and -- and in terms of uses that we have been marketing and we have reservations and the majority of the reservations, just to give you an idea, are -- is insurance agencies, real estate agencies, real estate appraisal. We do have one nail salon, a couple of counseling and therapy -- Bernt: Mr. Mayor? No breweries or anything like that? Bigelow: No breweries. Bernt: Any restaurants or -- Bigelow: No restaurants. Yeah. We -- Bernt: Super -- super popular places where they will take up a ton of parking. Bigelow: That's exactly -- yeah. No. We -- the -- I don't know if you have the elevations up there, but on the application we showed the elevations. We -- I live in Eagle. We have done this four times previously in the Houston area. They -- we -- we want to be -- we want them to be professional. We want them to be Class A office type -- look modern and add to the -- to the community. With that I will take any questions if you have any. Simison: Okay. Council, any questions for the applicant? Hoaglun: Mr. Mayor? Page 25 Meridian City Council Item#2. April 27,2021 Page 12 of 24 Simison: Councilman Hoaglun. Hoaglun: Just a question mark. I'm just kind of curious, you know, as we are hopefully coming out of this pandemic, but people have spent -- a lot of people a year at home working. Is there still a demand for -- for office space in your opinion? Bigelow: That's a great question. Yes, especially the office space that we build. So, what's unique about us is they are -- they are 12 -- about a little over 1 ,200 square foot units. They are buildings. But each building has four units in it. We actually will -- we will make them a condo. So, they are going to be able to purchase it for themselves and -- and own it and it's -- it's something unique that we have found that people really like and rather than being a big office building of four stories or a skyscraper, people who come in and -- if they need an office space, 1,200 square feet is really good -- good size for them. If they need to buy two they will buy two. Hoaglun: Okay. Thank you, Mark. Bigelow: Yeah. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, just a question about the pedestrian access. These -- these types of developments they tend to -- at least I have noticed and specifically really in this north Meridian area there is times of the days that they can get really full if you have a retail shopping, restaurant type of uses, maybe less so with the insurance agents and -- and whatnot. Is there going to be walkability from the north to the south side in between the buildings? Is there going to be some -- some walkways, pedestrian access? Bigelow: They will be -- they will be around, not in between. Say the front four and the back four, but there will be walkability around the -- the cross -- or the sidewalks. Perreault: Okay. Hoaglun: Mr. Mayor, a follow up to that question. Simison: Councilman Hoaglun. Hoaglun: Mark, so what do you have in between the buildings? Is it just landscaping? Bigelow: It will be landscaping. Greenery. It will be grass with some shrubs. Hoaglun: Okay. Simison: Council, any additional questions for the applicant? Okay. Thank you very Page 26 Meridian City Council Item#2. April 27,2021 Page 13 of 24 much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, there are no signups online or in the back. Okay. If there is anybody in the audience who would like to provide testimony on this item, if you would come forward and state your name and address for the record or if there is anybody online that would like to provide testimony, please, use the raise your hand feature and we will bring you into the beating. Seeing no one in the audience or online, would the applicant like to make any final comments? We have no desire for additional final comments, so, Council, I will turn this over to you for next steps. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: One quick question to staff. The -- what triggers -- that Linder Road access closes and the Ustick is right-in, right-out; is that correct? Dodson: Council Borton, that is correct. Borton: Okay. Dodson: And the access through Eddington Commons up to Linder. Borton: Got it. Okay. So, that's an existing condition already in the DA. Dodson: Yes, sir. Borton: Okay. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I also have a question for Joe. So, it was my understanding from reading the staff report that the applicant does have a decision to make regarding what happens with that stub street. Did I misunderstand that? It sounds like the applicant said they were in agreement with whatever ACHD decides, but it doesn't sound like ACHD is make -- makes a decision on this necessarily. It's just that the applicant needs to be compliant with their code. Am I understanding that correctly? Dodson: Councilman Perreault, that -- yes and no. Your secondary comment is correct. Your first one not so much. It's not that the applicant hasn't made a decision, they are just -- they are kind of waiting on ACHD to make that call. Their code -- their policies states that they need to end that street from Eddington Commons, because the public street ended in a cul-de-sac. That seems like a waste of space and the applicant and staff agree on that in order to do what they are showing here and it would be that Page 27 Meridian City Council Item#2. April 27,2021 Page 14 of 24 hammerhead is shown -- it would be a public use easement, but they have to ask ACHD for a waiver for that. But ACHD will not accept a waiver request until there is an application that they act on, which would be CZC. The applicant does have a -- a secondary site plan so to speak that would show that cul-de-sac just in case that is what ACHD told us to do and the site will still work with that. But we are going forward with this, because this is the -- the hope and what we want out of this. I hope that answers your question. Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: Yes, it does, although I wouldn't be opposed to seeing that -- if-- if you have it available or if the applicant has it available -- available, just so I can get a visual understanding of what -- what it is. I think -- I think I understand it, but I just want to see it if possible. Dodson: I do not have that out -- the layout. I do not know if the applicant does. Simison: Council, any further questions or comments? And we will see if the applicant has that information. Hoaglun: Mr. Mayor, while he is looking, a question for Joe. Simison: Councilman Hoaglun. Hoaglun: And, Joe, if it is a cul-de-sac it -- it will meet all the code requirements for -- for fire trucks and everything else that would traverse the area and have that access? It's -- it's really no different than we have done in another location; is that correct? Dodson: Councilman Hoaglun, that is correct. Yeah. It would have to meet the turning radius and all that -- big 48 foot radius, which is, again, why staff and the applicant thinks that for the site layout it -- you know, it's a waste of space when -- this would function the same. Hoaglun: Yeah. Dodson: But it's up to ACHD to make that final call. But they will not act on this application. Hoaglun: And, Mr. Mayor, yeah, just to comment on that. I agree -- Simison: Councilman Hoaglun. Hoaglun: -- this would -- this would be a better -- better use and layout for -- for this situation. So, it sounds like we do need to take action to make that a reality to have them Page 28 Meridian City Council Item#2. April 27,2021 Page 15 of 24 make their decision for it, so -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Another question for Joe. So, if -- obviously the -- the Linder Road access needs to -- it won't exist and -- so it sounds like there is just this one entrance on Ustick and if it's required to be a right-in, right-out, does staff have concerns, then, about movement around this development and access and whatnot? Dodson: Council Woman Perreault, no. And I would be because of the two way drive aisle all the way around the buildings. Fire had signed off. All their turning radiuses are with -- around the corners, so we are satisfied with that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to comment further on this particular property. I'm very familiar with it, since I just live a half mile down -- down the road, so go through here -- this intersection quite often and -- and, really, for the use of this property and the amount of land that's there, I think this is a much better layout and activity pattern for--than what was proposed before. Certainly the -- what was proposed before was allowed and -- and was -- was approved. But I think this is a -- a better plan for this -- this location and I think it will -- it will work well and -- with the existing homes that are -- that are in the area as well. So, I'm certainly in support of it. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would move that we close the public hearing for H-2021-0016. Simison: Mr. Hoaglun, can I get you to hold off on that motion as staff is still -- Hoaglun: Oh, they are still searching? Okay. Simison: Did they -- it's in progress. I have seen the -- it going back and forth, they just don't know where it is. So, they will at least provide that. And, Joe, how close are we? Dodson: I'm going to pull it up right now. Maybe. If I can figure it out this whole technology stuff. Good job, Zoom. Here we go. It shows the overlay of what that would look like. Yeah, they would lose a building. Simison: Council, any further questions with that? Okay. Councilman Hoaglun, back to you. Page 29 Meridian City Council Item#2. April 27,2021 Page 16 of 24 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing for H-2021-0016. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The public hearing is closed. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After hearing all staff and applicant testimony, I move to approve H-2021-0016 as presented in the staff report for this evening and I just want to make mention that we do agree with the reduced landscape buffers that have been presented in the staff report. Dodson: Thank you. Cavener: Second. Borton: Second. Simison: I have a motion and a second. Is there any discussion on the motion? Seeing none, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALL AYES. 5. Public Hearing Continued from March 23, 2021 for Compass Pointe Subdivision (H-2020-0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. A. Annexation and Zoning of 7.69 acres of land with a request for the R-15 zoning district. B. A Preliminary Plat consisting of 38 residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district Page 30 Meridian City Council Item#2. April 27,2021 Page 17 of 24 Simison: Next item is a public hearing continued from March 23rd, 2021, for Compass Pointe Subdivision, H-2020-0100. The applicant had asked to have this continued to 5/11/21, originally, and that's partly because I think the understanding Council likely will not make a decision tonight due to pending legislative action that is yet resolved at the state legislature this year where we have not been taking action on applications typically over five acres. However, based upon the interest from the community that's here tonight we -- we were going to open this up to take testimony from the public. I don't know if the applicant ever made -- did decide to join us. Johnson: I believe he is here, Mr. Mayor. Online. Simison: So the applicant has joined us this evening for this conversation, but there is no -- no additional staff over-- unless Joseph wants to give a brief overview, if Council wants it, otherwise, we will just go into testimony from the public. Okay. Would the applicant like to make any comments before we go into additional testimony from the community? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just one comment. If -- if -- if there are folks in the community that are able to come back and testify in two weeks, we will welcome that as well. Just-- if there are folks in the audience that aren't able to return in two weeks, this is the reason why we are allowing public testimony this evening. So, if you -- if you are able to come back in two weeks that would be helpful. Just wanted to make that comment. Simison: Okay. Would the applicant like to make any comments? Arnold: Yes, Mr. Mayor, City Council. For the record Steve Arnold, A-Team Land Consultants. 1785 Whisper Cove, Boise. 83709. And I assume you can hear me. My camera is not working. Simison: We can hear you, yes. Arnold: Good deal. So, yeah, based on some recommendations we requested to table this item and -- for the two weeks until May 11 th, so we are not really prepared to provide a -- a presentation tonight. I can certainly give you an overview -- overview, but I think, you know, same as staff can do that as well. So, if-- if the Council would like I could just help provide some input to any concerns that the neighbors have and, then, take notes and possibly have those addressed at our next City Council meeting. Bernt: Sounds good. Simison: Okay. That would be our plan. Would Council like -- anybody like any additional comments or background on this item at this time? Okay. Not seeing anything -- so, we will just continue to public testimony for this evening, understanding to those that are Page 31 Meridian City Council Item#2. April 27,2021 Page 18 of 24 present there won't be any rebuttal from the applicant this evening, anything will be done in the future hearing when this is continued to, whatever date is chosen, and we will ask if you testified previously to not testify, but with that we will move on to taking public testimony on this item. Mr. Clerk, I will turn it over you to bring up those who provided -- who wish to testify. Johnson: Thank you, Mr. Mayor. There were over 50 sign-ins on this. Some signed in on other projects, so they are not captured here. On your desktops there is a link called sign-in dashboard, so if you want to see the complete list of sign-ins you can. Of the 50 plus who signed in, only two, four -- seven indicated they wished to testify. I'm not sure they want to continue this evening, but first would be John Buckner. Simison: And as you come forward if you can state your name and address for the record and be recognized for three minutes. Buckner: Greetings, Mayor and Council. My name is John Buckner. I live at 3877 South Picasso Avenue in Meridian. Thank you for this evening and giving me the opportunity to speak. I did have a presentation prepared, but in good faith and consideration for the Council and my neighbors here, I will withhold that presentation for the continuance. just want to say I hope many of you have seen and read the e-mails that you have received from the community and so simply saying you know how we feel, you know what the overwhelming feeling and concern is of the community and I just ask that you take that into consideration even now or at least especially in the upcoming hearing. I do plan on returning and to testify on our continuance, as I do hope the rest of my neighbors as well. Thank you very much. Simison: Okay. Cavener: Mr. Mayor? Simison: Council -- if you have questions. Councilman Cavener. Cavener: Thanks, Mr. Mayor. Mr. Buckner, just appreciate you being here tonight. Have you had an opportunity to engage with the applicant about your concerns since the last hearing? Has there been any communication between you and the applicant? Buckner: No, I have not. Cavener: Okay. Thank you. Johnson: Mr. Mayor, next is Annette Alonso and she is online. Simison: Annette, if you could unmute yourself. There you go. Alonso: Okay. I'm going to withhold my testimony until the 11th when we see this again. Page 32 Meridian City Council Item#2. April 27,2021 Page 19 of 24 Simison: Okay. And before we go any further is the 11th the date that -- I know that that's the request. I just want everyone to -- because we don't know if the 11th will be the date. I just have to say that at this point in time, but -- Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: The request of the date was because of me. I -- it's going to be my Joe show again on that Council date, so I figured it made sense, but if Council knows that it's going to be further out, then, obviously, that's up to the Council, because I -- Simison: I think that's the question from Council is -- is that going to be enough time for us to know where the legislature is? It seems pretty close. Bernt: I don't know. Simison: Okay. Johnson: Mr. Mayor, next -- and I apologize I can't read the last name. But Rhonda. Unruh: Good evening. Thank you. I, too -- well, my name is Rhonda Unruh. U-n-r-u-h. And I live at 3246 South Murlo Way in Meridian and 1, too, would like to withhold commenting until the next meeting. Thank you. Simison: So maybe we will go to it this way. Is there anybody that would like to provide testimony this evening on this application because they don't know if they will be able to make a future one? Okay. Well that gets us to that point. Is there anybody online that would like to provide testimony on this item this evening? If so will you use the raise your hand feature on this item. Seeing nobody wishing to provide testimony this evening, Council, I guess the question for you is when would you like to consider continuing this item to? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: We discussed this with some of the applications last week and I was under the impression from Council President Bernt that the 11th was fairly full. Did I misunderstand that? I believe we were moving things out to the 18th at that point and, then, we had a discussion -- brief discussion about possibility of an additional meeting, but I'm not sure if that was ever determined. Johnson: Mr. Mayor, if you would like I can speak to the number of hearings. Okay. May 11th there are four public hearings. One is a UDC text amendment and, then, there are two short plats for projects downtown and, then, another that is an annexation of 20 plus Page 33 Meridian City Council Item#2. April 27,2021 Page 20 of 24 acres. So, we have moved beyond that. But this was continued previously before, so it is sort of in line ahead of the others, if that's what Council wanted to do. Dodson: That annexation on the 11 th is a continuance as well. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I was just intrigued by the -- the thought of a Joe show. I mean that -- we could go viral with that thing, so I -- I don't know. I mean, obviously, we put off several of these public hearings and annexation requests due to potential legislative action. So, we will have to pay the price at some point in time and having some long meetings and so it's -- it's, you know, depends on everybody else's schedule and whatnot if we want to go long that night, so be it, and -- within a reasonable time frame, of course, but I'm willing to do that if the 11th is what the rest of the Council wants to do. Simison: My only concern with the 11th is that we are not going to -- that we are going to ask these people to put on the 11th and we are going to be right back here the same -- it's going to be close. The legislature has decided not to do anything this week. They basically are done for the week, which means that they are going at least through next week, which takes you up to the 9th or that -- that time. So, I would be really concerned about trying to rush it to the 11th. One thing I do think we will put down tomorrow when we talk about agendas is we will see if we can identify a special meeting date that we can start moving things to -- maybe in May for opportunities, but this one I would think the 18th is maybe close. Even that's close. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Hoaglun hits -- I think is a very important point. We are going to have some long nights ahead of us and as best as we can, the long nights that don't necessarily have a lot of public participation I think are -- those are the nights that we should go on. I -- I feel for the public when we invite them back and, then, to continue it again or, then, ask them to go through a late night. I don't know if that's necessarily fair to them. I'm certainly supportive of us, Mr. Mayor and Council President, looking at a -- a special date for us to take some of this backlog, so that we can, one, take care of some of these applications without having to go late at night for the public. Mr. Mayor, I agree, I think the 18th is still cutting it close. I don't know what the 25th looks like, if that's a date that we would want to look at. I feel bad for the applicant. I feel bad for the public when we have to keep continuing this and the one thing we have learned this year about the legislature is they are very unpredictable and it's hard for us to make decisions when we have got that unpredictable nature that is impacting us. Dodson: Mr. Mayor? Page 34 Meridian City Council Item#2. April 27,2021 Page 21 of 24 Simison: Yes. Dodson: If my workload matters, the 25th works for me as well. I have two projects on that night anyways. Hoaglun: It's a sequel to the Joe Show. Dodson: Many -- many to come. Hoaglun: And, Mr. Mayor, as -- Simison: Councilman Hoaglun. Hoaglun: -- as we mull this over, I just want to encourage the folks here, because a lot of the comments -- most of the comments were related around transportation and there are several bills in the legislature about transportation funding where they are taking sales tax funds to distribute to ITD and there are some earlier bills that were to also distribute funds to local highway districts, like the Ada County Highway District, to help expand our roads and a lot of those have been shelved and they are just going -- the funding to ITD and if there are anything left over, yeah, it might go to the locals. So, I would encourage you to take a look at what the legislators are doing. Encourage them to move that funding to the local level and I know, yes, our state highways are important, but when you look and realize that a lot of people are traveling the local roads to get to their destinations and not the state highways, that's -- that's something we just -- we need those dollars to expand. That's -- that's what it's come down to and -- and so take a look at that and see what you would like to do and, then, contact your local legislator for -- for your thoughts on that. Thanks. Cavener: Especially our local legislators from your district. Simison: Okay. Councilman Bernt. Bernt: Mr. Mayor, I think maybe what we -- the most prudent action is to move -- continue this to the 25th maybe temporarily and, then, the Mayor, myself, can speak tomorrow morning and come up with a date, maybe see what dates with Council works. We can make sure we have a quorum and schedule a special meeting for annexation approvals and -- or proposals to that date. So, I would -- I would maybe propose us continue this until the 25th and, then, in a short time period we will have a special date that we can start continuing some of the past applications that we have continued. Simison: Or the ones that are going to have to be continued next week or potentially the week after. Bernt: Right. So, thoughts on that? Strader: Mr. Mayor? Page 35 Meridian City Council Item#2. April 27,2021 Page 22 of 24 Simison: Council Woman Strader. Strader: So, would the idea be to communicate with the public that this will be scheduled on the 25th and, then, hoping that we will have an additional meeting to clean up some other items that we don't think involve as much participation from the public? Is there some way we can give the public certainty on that, if possible, that date for that hearing. Simison: My recommendation would be, no, that we move this one to the 25th and leave it at that date, because I think we are going to set us -- will have to set a special meeting still somewhere between the 20th and the 30th, that we will have to move likely next week's continued ones and the week after that. So, it's really setting things up would be my recommendation and let's tell the public when this one will in theory come back. As much as I love NextDoor and Facebook and the network, I think we should stick to a date and not let it be game of telephone, tell a friend when it starts to move. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: For clarification, I guess what I'm hearing from you is likely maybe a motion to continue this item to the 25th, but some of the future items that we have before us that will likely be continued will work for a special meeting to capture those, likely on the 26th or at a later point in time. Simison: Sometime in that last part of May. Cavener: Mr. Mayor. Sorry. Simison: Councilman Cavener. Cavener: Just maybe I guess a question for the applicant and especially for those three homeowners associations that are representative, the 26th works for both of them. Simison: 25th. Cavener: 25th. Sorry. Thank you, Mr. Mayor. Arnold: If the question is for me I will make whatever time works. The sooner the better, but I understand that the Council is -- is looking to have some sort of legislative action and that's unknown, but I don't know how tabling it would be -- you know, if we set it for the 11th, it sounds like that's a little too soon for the Council. So, we will take whatever we can get. The sooner the better. Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 36 Meridian City Council Item#2. April 27,2021 Page 23 of 24 Cavener: I don't know -- I don't know if Ms. Alonzo is still on or the first gentleman who spoke, if the folks that said they were going to bring their testimony that at least representing homeowners associations or anyone here can make sure that that date works for them as well and, if not, let's give them the opportunity to testify tonight. Johnson: Mr. Mayor, Annette is also unmuted if you would like to comment. Simison: Ms. Alonso. Alonso: Are you there? Simison: Yes. Go ahead. Alonso: Okay. Yeah. That works for me. The 25th is fine. Or whatever other date you set that's totally fine. I will be there. Simison: With that do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we continue the public hearing on H-2020-0100 to March -- April 25th. I'm sorry we are in April. May 25th. Thank you. Cavener: Second. Simison: I have a motion and a second to continue this item to May 25th. Is there any discussion? If not, all in favor signify by saying aye Opposed nay. The ayes have it and the item is continued until the 25th of May. Thank you. To everyone's attention and understanding. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: So, with that we are down to future meeting topics. Anything under that item, Council? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just real quick. I had a good discussion with community development with regards to the presentation of staff reports at Council meetings and looking for ways to be efficient and you might have noticed today was an example where we -- we -- we Page 37 Meridian City Council Item#2. April 27,2021 Page 24 of 24 demoed a little more compressed presentation from staff, even though it's relatively simple projects. Because the staff report has all the detail and we all prep and review it all in advance of the hearing, there may be opportunities for -- for our planning staff to give us a more abbreviated presentation than reading the long script and preparing a long script, makes their work a little easier and they can instead use their time to focus on big picture of what the application is and some of the decision points that became most relevant in the underlying hearing. Kind of focus our attention. It's quicker, more pointed, and maybe more productive for us. So, we will get to that in maybe a future meeting topic, maybe in June or July, to see what we liked and didn't like about some of these demos and maybe the process gets better. So, just a heads up that you will see some of the abbreviated presentations on -- when appropriate. Simison: So, Council, pay attention. Okay. With that do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Second the motion. Simison: Motion and a second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7.07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 11 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 38