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HomeMy WebLinkAbout2023-07-11 Regular Meridian City Council July 11, 2023. A Meeting of the Meridian City Council was called to order at 6:01 p.m. Tuesday, July 11, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Liz Strader and John Overton. Members Absent: Luke Cavener and Jessica Perreault. Also present: Joy Hall, Bill Nary, Sonya Allen, Shawn Harper, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton Jessica Perreault Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is July 11th, 2023, at 6:01 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Tonight's community invocation will be delivered by Jennifer Caviness Williams with the Baha'i Faith. If you all would, please, take this as a moment of silence and reflection, either one, or join along. Williams: Does it matter? Simison: No. Williams: Oh, my God. Oh, my God. Unite the hearts of thy servants and reveal to them thy great purpose. May they follow thy commandments and abide in thy law. Help them, oh God, in their endeavor and grant them strength to serve thee. Oh God, leave them not to themselves, but guide their steps by the light of thy knowledge and cheer their hearts by thy love. Verily thou art their helper and their Lord. Meridian City Council July 11,2023 Page 2 of 40 ADOPTION OF AGENDA Simison: Thank you. Next up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adopt the agenda as published. Strader: Second. Overton: Second. Simison: Have a motion and a second to adopt agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. PROCLAMATIONS [Action Item] 1. Proclamation for Owyhee High School Baseball State Champions Simison: So, first thing we are going to do is a proclamation. If I could get the Owyhee High School baseball team to join me at the podium, along with their coaches, that would be great. So, Council, we are going to have to get used to Owyhee for the next two weeks as we have the baseball team this week and the softball team next week coming in for their state championship. So, we really appreciate the fact that you guys are willing to come in during your summer. I'm sure you all are just doing nothing, sitting around playing video games -- no. Hope you are doing some good stuff. But we are here to recognize them for -- for their achievement on the field, which is a -- I know it's something that they were looking forward to. So, what we will do is read the proclamation and if each of you can kind of come and state your position -- your position with the team, then, we will let the coach say a few words and do a picture. That works? All right. So, whereas, being an Owyhee High School baseball player is more than making -- pitching, fielding, hitting achieving state titles, it is training to build leadership, character, confidence, teamwork and resilience, all trades needed to succeed on the field, in the classroom, and in the real world and whereas the hard work and dedication of the Owyhee Storm baseball team and coaches has resulted in the second year program with back-to-back 5A baseball state champions and whereas The Storm completed the regular season with a record of 11/1 in conference and 19 and two overall and whereas The Storm baseball finished the season with the 23 and four record and clinched their second straight Idaho 5A baseball state title by taking a 5-2 win in the championship game providing the team -- proving that the team was in it to win it and whereas the leadership, training and discipline of their coaches helped all team Meridian City Council July 11,2023 Page 3 of 40 members to focus their talents, passion and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I, Mayor Robert E. Simison, hereby proclaim July 11th, 2023, as Owyhee High School Baseball State Champions Day in the Meridian and call upon the community to join me in congratulating the Owyhee High Storm on the remarkable athletic achievement and representing Meridian so proudly in the state tournament. So, on behalf of the city congratulations. While I know the Mayor of Star likes to claim you and there may be some of you from Star, we consider you Meridian, because that's where your address is. So, congratulations. Carlson: Pitcher only. Cooper Carlson. Pitcher only. Price: Easton Price. Outfield. 2025. Curl: Jake Curl. Outfield. 2023. Doty: Kaleb Doty. Pitcher. 2025. Mcghee: Xavier Mcghee. P.O. Class of 2023. Burbank: Ryan Burbank. Outfield. Pitcher. 2024. Rohlmeier: Cole Rohlmeier. Shortstop. Class of 2023. Ryan: Jack Ryan. Outfield. Pitcher. 2023. Mahaffey: Hunter Mahaffey. Pitcher. Infield. 2025. Skinner: Lucas Skinner. Catcher. Pitcher. 2024. Kelly: Keagan Kelly. Second base. 2025. Haws: Gage Haws. Catcher and third base. 2025. S.Rohlmeier: Coach Steven Rohlmeier and teacher out at Owyhee. Thank you. Wright: I'm not -- I'm not doing the class thing. Russ Wright. Teach at the high school and the head coach. It would have been nice to get all of our guys. Obviously we got as many as we could get here tonight. We have got a young team playing tonight and so some of our coaches are there working, but probably the -- the most important thing -- all the stuff that they read about this group, they really live it. It's a -- it's a wonderful group to work with. So, proud of them. Great kids. I would take them all as my sons. So, we appreciate it. Thank you for the honor. Simison: And for those that aren't here we do have another proclamation which has everybody's names on it. That will be entered into the record for those that weren't Meridian City Council July 11,2023 Page 4 of 40 here. So, in case they ever want to come back and look at City Minutes they will -- they will find them, so -- if you don't mind joining me up here we will do a quick picture. PUBLIC FORUM — Future Meeting Topics Simison: Okay. With that, Madam Clerk, do we have anyone signed up under Future Meeting Topics? Hall: Mr. Mayor, there is not. ACTION ITEMS 2. Public Hearing for Julia Subdivision (H-2023-0003) by Hesscomm Corporation, located at 2435 N. Black Cat Rd. A. Request: Annexation of 2.77 acres of land with an R-8 zoning district. B. Request: Preliminary Plat consisting of 10 buildable lots and 5 common lots on 2.77 acres of land in in the R-8 zoning district. Simison: Okay. Then we will go on to our Action Items this evening. Item 2 is a public hearing for Julia Subdivision, H-2023-0003. We will open this public hearing with comments from staff. Sonya. Allen: Thank you, Mr. Mayor, Members of the Council. Let me get the presentation up here. The first applications before you tonight our a request for annexation and zoning and a preliminary plat. This site is an enclave consisting of 2.77 acres of land. It's zoned RUT in Ada county and it's located on the west side of North Black Cat Road, midway between Ustick Road and Cherry Lane, at 2435 North Black Cat Road. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre. The applicant is proposing to annex 2.77 acres of land with an R-8 zoning district for the development of ten single family residential detached homes at a gross density of 3.61 units per acre, consistent with the medium density residential future land use designation. A preliminary plat is proposed consisting of ten building lots and five common lots on 2.77 acres of land. Proposed building lots range in size from 4,151 square feet to 12,671 square feet. There is an existing home that is proposed to remain on Lot 4. All the other structures are proposed to be removed. There is an existing driveway access via Black Cat Road for the existing home that are proposed to be removed. Access will be provided via the extension of Julia Avenue at the northern boundary of the site. Another driveway exists for irrigation district access that will remain along the southern boundary of the site. A 25 foot wide buffer is required along Black Cat Road, which is listed in the CIP to be widened from two lanes to three to five lanes between 2031 and 2035. Because the site is below five acres in size, common open space and site amenities are not required. However, the applicant is proposing .59 of an acre of common open space consisting of Meridian City Council July 11,2023 Page 5 of 40 street buffer, open space with pathways and a storm drainage area as shown. The Sky Pilot Drain exists on the adjacent property to the west and is piped and is open on the subject property along the southern boundary of the site and is required to be piped with development. The drain lies within a one hundred foot wide easement, 50 feet each side measured from center line. All of the lots along the western and southern boundaries of the site encroach within this easement. Nampa-Meridian Irrigation District has stated they will consider encroachments within the outer 20 feet of the easement with a license agreement similar to what they approved with the adjacent development to the west, Trisha's Crossing. No buildings or trees would be allowed in the inner 30 feet of the easement area, but lawn and fences could be allowed. The UDC requires irrigation easements wider than ten feet to be included in a common lot that is a minimum of 20 feet wide outside of a fenced area unless modified by City Council at a public hearing with notice to surrounding property owners. The width of the easement encroachment on this site is approximately 27 feet. The applicant is requesting Council approval for the easement to be located on buildable and common lots. That's Lot 7, 9 through 12 and 15, rather than a common lot. If the irrigation district approves an encroachment agreement as anticipated, there will only be approximately seven feet where no buildings or trees would be allowed. For this reason staff is supportive of the applicant's request. Several conceptual building elevations of one story homes with a bonus room over the garage were submitted as shown. Building materials consist of a variety of siding some with stone and brick veneer accents. As a provision of the development agreement staff recommends all homes include brick and stone veneer accents on the street facing elevations. The existing home is proposed to be renovated and reoriented to take access from the internal street rather than Black Cat Road. A new two car garage will be constructed accessible from the internal street from which access is provided for that home. Due to concerns pertaining to the height of the homes and related privacy issues expressed during the neighborhood meeting with the original developer, the current developer has agreed to a provision in the development agreement that limits all homes to a single story in height with a bonus room above the garage, with all windows facing the front of the lots. The Commission did recommend approval of these applications. I will go through a summary of the Commission public hearing. There was only one person, the applicant, Bruce Hessing, that testified in favor of the application. There was no written testimony or any other commenters on the application. The Commission was in general support of the proposed in-fill project. The Commission did not make any changes to the staff recommendation. The only outstanding issue for Council tonight is -- as I mentioned the applicant is requesting Council approval for the irrigation district easement for the Sky Pilot Drain to be located on building and common lots, rather than a separate common lot as allowed by the UDC with -- with Council approval. No written testimony has been submitted since the Commission hearing. The applicant is here to present testimony tonight. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions for staff? Okay. Then would the applicant like to come forward? Meridian City Council July 11,2023 Page 6 of 40 Hessing: Bruce Hessing. 2338 West Boulder Bar Drive, Meridian. These are hard to do, these little in-fills. I -- I take pride in doing them. I like turning weed patches into houses. Been doing this for about 30 years. It's a good -- good little project. I think it will fit in there very well and Sonya is -- is amazing. She said it best and I'm here for questions. Simison: Thank you. Council, any questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a comment. Sir, if you could just speak into the microphone a bit more. Thank you. Hessing: I will do that. Simison: All right. Thank you very much. Madam Clerk, do you have anyone signed up to provide testimony on this item? Hall: Mr. Mayor, there is not. Simison: Okay. Is there anybody present or online that would like to provide testimony on this application? If you would like to come forward. State your name and address for the record, please. Nuttman: My name is Alex Nuttman. I reside at 2540 North Julia Place. I just wanted to say I'm in favor of it. I'm a direct neighbor and I think this in-fill project looks well thought out and will be a great asset to our community. Simison: Excellent. Thank you. Council, any questions? Appreciate it. Okay. Orem: Anna Orem. 2584 North Julia Avenue. I live right next to this. I am in favor of it, but I don't know if this is the place to ask about this. I'm nervous. Sorry. Simison: You are doing great. Orem: The first discussion that we had with the original developer -- he had mentioned replacement of the fence along -- like because we live right on Julia where they are going to extend the road, so he had mentioned replacement of the fence and removal of trees that were impeding that fence and actually on the side of the development property, as well as my property and our neighbors across Julia from us. I don't know if that could be included in this officially. Simison: We can ask the developer to respond to that question when it's their time to come up afterwards. Meridian City Council July 11,2023 Page 7 of 40 Orem: Sorry. I think other than that I -- we are not opposed to it. We are in favor of it. We would just like to see those original things that were discussed upheld and I know it's not the same developer, but he's holding true to single story and some of that stuff as well, so that is all. Thank you. Simison: Thank you. Council, any questions? Okay. Is there anybody else that would like to provide testimony on this item, either in person or online? If you are online you can use the raise your hand feature. Seeing no one come forward, would the applicant like to come forward for final comments and address that question? Hessing: Yes. If -- if I would have had a chance to take a look at that on site I'm -- I'm sure I could respond not so vaguely, but it would depend on where those trees are. A lot of times if we -- when they are right up against the fence we know the root patterns of trees they go under into the backyards and it -- it causes issues and I -- I -- I would be glad to look at that with her if I could get addresses or -- or contact information. Fencing wise we are -- we are big on replacing the old fencing, but I'm not sure how old that fence is in there. That's a fairly recent subdivision, relatively speaking if you are my age. But, yeah, we -- we always do that. We will look at that. We are -- we try to be good neighbors and that's our position. Simison: Okay. Council, any additional questions for the applicant? All right. Seeing none, do I have direction from Council on how you would like to proceed? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Sonya, do you need to have us give approval for the irrigation district easement as part of the motion? Allen: Mr. Mayor, Members of the Council, yes, please. Thank you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Seeing no other public comment, I would move that we close the public comments. Hoaglun: Second the motion. Simison: 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 nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council July 11,2023 Page 8 of 40 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I would like to make a motion that -- after considering all staff, applicant, and public testimony I move to approve File No. H-2023-0003 as presented in the staff report for the hearing date of July 11th, 2023, including the approval for the irrigation district easement for the Sky Pilot Drain to be located on building and common lots, rather than a separate common lot as allowed by UDC 11-38-6E. Hoaglun: Second the motion. Simison: Have a motion and a second. Do I have discussion on the motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to the point of the -- the request that Mr. Hessing would -- will go ahead and look at the tree issue and the fencing issue and -- and, hopefully, will come to agreement that what -- what's workable and can -- can make that all work out. So, appreciate them taking a look at that. Simison: Okay. Any further discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much and good luck on the project and it might be best to get her contact information right now, rather than to see what's said on the record. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. 3. Public Hearing for Cole Valley Christian School Pre-K-12 (H-2023- 0011) by LKV Architects, located at 7080 W. McMillan Rd. A. Request: Annexation of 71.28 acres of land with an R-15 zoning district. B. Request: Conditional Use Permit for a 259,000 square foot private education institution for pre-kindergarten through 12th grade on 48.48 acres of land in the R-15 zoning district. Meridian City Council July 11,2023 Page 9 of 40 Simison: With that we will move on to Item 3, which is a public hearing for Cole Valley Christian School, pre-K through 12, H-2023-0011. We will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you tonight is a request for annexation and zoning and a conditional use permit. This site consists of 71 .28 acres of land. It's zoned RUT in Ada county and is located at 7080 West McMillan Road on the north side of McMillan approximately a quarter mile west of North McDermott Road. A little history on this property. A property boundary adjustment has been tentatively approved by Ada county for this property for a land swap with the adjacent property owner at the southwest corner of the site, which will allow for the extension of Owyhee Storm Avenue along the project's west boundary. Final approval of the property boundary adjustment is required prior to City Council approval of the annexation ordinance. So, if Council does approve this project tonight we will be holding off the annexation ordinance approval for a little bit until that gets done. The Comprehensive Plan future land use map designation is medium density residential, which calls for three to eight dwelling units per acre and it does have a school designation on it. And this site is within the area governed by The Field sub area plan. The applicant is requesting annexation and zoning of 71 .28 acres of land with an R-15 medium high density residential zoning district. The applicant proposes to develop 48.48 acres of the site with a private education institution in accord with the future land use map in the Comprehensive Plan. The remaining 23 approximate acre portions of the site at the north and south boundaries are anticipated to be used for future expansion of the school. The property will be used for agricultural purposes in the interim. Because the R-8 zoning district is more appropriate zoning district for the medium density residential future land use designation and accommodates the proposed use, staff does recommend an R-8 zoning district instead of the proposed R- 15 district for the subject property, which the applicant is in agreement with and the Commission did recommend approval of. A conditional use permit is proposed for a private education institution on 48.48 acres of land. The use requires conditional use approval, because it exceeds 250,000 square feet within a residential district at 259,919 square feet. It includes lighted fields adjoining or within a residential district. It will generate in excess of 1,500 vehicular trips per day at approximately 4,132 trips per day. It takes access from a collector street, i.e., Owyhee Storm Avenue and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. There are actually no -- no adjacent neighborhoods at this time. Cole Valley is -- currently has two existing campuses that will be relocated and consolidated into one building on the subject property. The proposed school will be for pre- kindergarten through 12th grade and the development area will include parking, access drives, open space for student play area and out -- outside athletic venues. The new facility will serve approximately 1 ,825 students with the potential to add 12 additional classrooms with future building additions on the south, east and west wings, totaling 15,300 square feet to serve an additional 300 students. Four portable classrooms are planned in the future on this site, totaling another 8,400 square feet. Development of the school site will likely occur in two phases as shown on the phasing plan on the right there. That is a revised phasing plan that was submitted late last week, but may occur Meridian City Council July 11,2023 Page 10 of 40 in one phase. If phased, phase one, that's the pink area shown on the plan, is proposed to consist of all the outside athletic venues, except the tennis courts. A portion of the southeast parking lot, public restroom outbuilding, partial construction of Ersatz Road and partial extension of Owyhee Storm Avenue and the adjustment and piping of the Creason Lateral. Phase two, the blue areas on the plan, are proposed to consist of building construction, remaining site development of parking lots, access points, play structures, extension of streets, Owyhee Storm and Ersatz, to the northern boundary of the subject property as half plus 12 foot street sections as required by ACHD and public utility connections. The gray areas on the plan at the north and southwest corners are future development areas for the school, which will be farmed in the interim. The applicant is requesting Council approval to not construct the sidewalks and street buffers along the streets -- and that's McMillan, Ersatz, and Owyhee Storm -- on the future development areas, the gray areas, until such time as they develop, since they will be farmed in the interim and damage to those improvements would likely occur. Two accesses are proposed via Owyhee Storm Avenue and two are proposed via Ersatz Place Road. No access is proposed or allowed via McMillan Road. Off street parking is depicted on the site plan in excess of the minimum standards. A minimum of 742 spaces are required at full build out, including the portable classrooms and the classroom additions. A total of 843 spaces are proposed resulting in 101 extra spaces overall. A ten foot wide detached sidewalk, multi-use pathway, is proposed within the street buffer along Owyhee Storm Avenue in accord with the pathways master plan and five foot wide detached sidewalks are proposed along McMillan and Ersatz Roads. Because ACHD is changing policy to require ten foot wide multiple use pathways along arterial streets in lieu of on-street bike lanes and because school children will be using this sidewalk to bike and walk to school, staff recommends a ten foot wide multi-use pathway is required along McMillan Road as a provision of the development agreement. All utilities, except for city sewer, are available to the site or in close proximity. Sewer will be provided from the Can-Ada lift station, which is planned to be completed towards the end of fiscal year 2025. The city plans to install a trunk sewer from the lift station to be located near McMillan Road and Can-Ada Road one mile to the east near the intersection of McMillan Road and Star Road as part of the project. The school will need to extend sewer down McMillan Road and Owyhee Storm Avenue to the school campus in accord with the sewer master plan. The city is amenable to allowing a temporary lift station for the sports field and concession and restroom buildings only, which shall be taken offline as part of the construction of the school. Building elevations were submitted as shown for the proposed two story school building. Building materials consist of a combination of smooth face and split face masonry in two colors and deep ribbed and smooth metal with large expansions of glazing, which should be low maintenance. Raised parapets are proposed for modulation and screening of rooftop mechanical equipment. Because the property is located within the area governed by The Field sub area plan, the general character, design and identity of the development within this area is required to have a cohesive modern rural design theme. Because the proposed school doesn't front on McMillan and isn't oriented towards Owyhee Storm and because it's not residential or retail commercial, staff does not recommend the building is required to have a modern rural design theme. However, some of the other thematic design elements that contribute to the desired character of the area should be Meridian City Council July 11,2023 Page 11 of 40 adhered to, such as lighting, fencing, for example split rail, landscaping, for example, tall fescues, dry creek materials, wildflowers, street trees, et cetera. Public art, on-street bike lanes and/or off-street multi-use pathways. Signage, for example, metal roof on sign, et cetera, as outlined in the plan. The applicant proposes to develop some of the areas adjacent to building entrances with dry stream beds, with a mix of rock types, boulders and plantings in accord with the plan. The detail on the right there shows some examples of those items. In the portions of the site that will not be developed with phase one a meadow seed mix is proposed to be planted for wildflowers and grass. The applicant has submitted details on fencing, which propose a split rail fence along the southern property line adjacent to McMillan Road and along the Bentley out-parcel and black coated chain link fencing along the east, west and north property lines for security and safety of the students. City Council should determine if the chain link fencing is appropriate in this area. Details on signage, public art and other modern rural design themed items have not been submitted as recommended by staff prior to the Council hearing, as they have not yet worked out the interior design theme yet. I will go over a summary of the Commission public hearing. Several of the applicant's team testified in favor. Amber Van Ocker, LKV Architects, applicant's representative. Sonia Daleiden, Kittelson and Associates. Wayne Thowless, LKV Architects. No one testified in opposition. Patrick Nichols commented on the application. Written testimony was received from the applicant's representative Amber Van Ocker, the applicant's representative. Excuse me. Key issues of discussion by the Commission were as follows: The applicant requests to not be required to construct Owyhee Storm and Ersatz and the associated sidewalks and pathways and street buffers to the north property line, just to the northern boundary of the school campus proposed to develop at this time and the street buffer and pathway along McMillan to be constructed with future development of that area. And, lastly, concerns pertaining to traffic and existing congestion in this area and impacts from the proposed development. The Commission made the following changes to the staff recommendation. At staff's request they included a clarification to development agreement provision A-1-1 D in Section 9 that all street buffers adjacent to public streets also be constructed by the applicant, unless already constructed by ITD prior to issuance of certificate of occupancy for the high school building. And the Commission required McMillan Road improvements and the extension of Owyhee Storm Avenue and Ersatz to the northern parcel boundary to be completed either by the applicant or ITD as applicable prior to issuance of certificate of occupancy for the high school building in the second phase of development. Outstanding issues for Council tonight. Council should determine if the proposed black coated chain link fencing is appropriate in The Fields sub area and represents the modern rural design theme as required and the applicant requests the ability to work with staff further in the future on signage, public art and other modern rural design theme items for this site in accordance with The Fields sub area plan. No written testimony has been received since the Commission hearing. The applicant is here tonight to present. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions for staff? Okay. Would the applicant like to come forward. Meridian City Council July 11,2023 Page 12 of 40 Van Ocker: Good evening. Thank you, Mr. Mayor, Members of the Council. Really appreciate the opportunity to be here. Amber Van Ocker, LKV Architects. My office address is 2400 East Riverwalk in Boise. Sonya has taken all my thunder. She did a great presentation. I think covered most of the topics that we kind of need to go over this evening. Cole Valley is exceedingly excited about this project and we have been working on this for well over a year and a half to get to this point. So, this is a milestone for us and we appreciate this opportunity. There is -- pretty much most of the folks in the room are part of either our design team or our construction team, which is ESI Construction -- Construction here in town and, then, members of the administration. Allen Howlett, the superintendent, is here, and if there is other additional questions you want to ask him directly he will be available. I think the -- the main points that we really do want to discuss -- the staff report is excellent. We don't have hardly any issues with any of the conditions that have been placed on -- on the application. We do want to visit a little bit more about the extension of the roadways. There is an additional 20 acres associated with that northern piece that if there was a way that we could not extend past our -- what we have identified as our construction boundary at this point for Owyhee Storm. ITD is going to be doing most of the extension of Ersatz beyond that, so it's really Owyhee Storm that we would like to -- to discuss. It is the intent of Cole Valley to still allow a farmer to farm that -- that 20 acres up until the point that the school would -- would deem it appropriate to develop further. So, that's -- that's part of the reason. Of course, the other reason is just the economics behind it. Extending a roadway that goes nowhere at this point is -- is difficult on a project of this magnitude where we are trying to, obviously, cover a lot of other financial implications. So, that -- that's one aspect that we would like to visit a little bit about. The phasing plan that we have included -- I don't know, Sonya, can you jump to that one? So, Sonya did a really good job of explaining what we have shown here and this is kind of a fall back and this is just me wanting to make sure that -- that we present something to you that can be approved this evening. But the blue does indicate extending Owyhee Storm all the way to the north parcel line. We would love to be able to stop it right here and go ahead and have that roundabout occur at that location or the cul-de-sac. ITD will be extending Ersatz, so that's not as much of a discussion, with the exception that we do not want to at this point extend a sidewalk or that landscape buffer for that area of the -- that 20 acres that we are not going to develop at this time and the same discussion also occurs along McMillan. There is some requirements for the pathways in the landscape buffers. We would -- we would like to be able to hold off on that until that parcel is also developed and, you know, a lot of it is extending, obviously, of these roadways, but extending irrigation, the maintenance of all of that for property that we are -- we are not actually developing at this -- at this stage. Everything else is still very much in play and we have agreed with -- with all of the other conditions of approval that have been placed upon this application. Sonya already mentioned the -- the -- the discussion that we would like your approval to not do the split rail fence everywhere on all of our boundaries and that -- that primarily really is a -- a safety issue. We feel we can do it on the southern boundary lines, because we are not as concerned about being able to protect play areas, which occur to the north of -- of the building itself and the athletic components, but -- so, we -- we really do request to have a black coated chain link fence solution that is going to be something that the school can maintain. It can really provide that safe Meridian City Council July 11,2023 Page 13 of 40 perimeter that we need, where a split rail wood fence would be very very difficult to control this site. And, then, the -- the other follow-up item would be some of the other details associated with The Fields sub area plan. We just still need to work out some of those details with staff. A lot of it has to do with signage. We want to make sure that not only is our site signage cohesive, but it also makes sense with what we are going to be doing as far as building and signage and interior signage is concerned. So, we just need a little bit more time on that. We are not disagreeing with that condition of approval, we just need a little additional time to work out some of those details. The other component, which Sonya mentioned right at the beginning, is that we are still working through some legal documents associated with the land transfer that's occurring with the Dean Bentley parcel to the south. So, you know, we were very successful, in my opinion, to be able to convince an adjacent property owner to let us swap out some land, so that we could extend Owyhee Storm. Obviously, that's something that our traffic study really encouraged us to be able to do. The city has been saying that this is, obviously, something that needs to happen in order to have good access onto this site. So, we are still just working through some legal aspects on that. We -- we expect those documents actually any day now to be signed by everybody and then -- then filed with the county. The county has given us approval of that, just waiting for these -- these legal documents. So, that is forthcoming and I think, you know, we have got members of our traffic engineering team also here, if -- if there is very specific details that -- that you need to ask from a traffic engineering perspective that's -- that's over my head I would pass it off to her. And, then, also our landscape architect is here if there is some very specific questions that you may have associated with landscape design. But other than that I think I would -- I would stand for any questions. Simison: Thank you. Council, any questions for the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Thanks for your presentation, Amber. A quick question. When we talk about the black fence, can you kind of delineate a little more where that will be going? Is it around primarily the ball fields and -- Van Ocker: Yes. It will -- it will actually extend along all of Owyhee Storm, all of Ersatz and, then, the north -- you know, what we are calling our construction limit zone, it will -- it will extend there. And, then, we -- we do have some fencing that is going to secure the ball -- the -- the football stadium, just to be able to control access to that and, then, we do have a little bit of -- this mouse is difficult. There is a little bit of fencing that occurs around a preschool play area, but for the most part that black coated chain link fence is on our perimeter. Hoaglun: Okay. Follow up, Mr. Mayor? Meridian City Council July 11,2023 Page 14 of 40 Simison: Councilman Hoaglun. Hoaglun: Also I wanted to check -- on phase one in the pink you show on Ersatz and Owyhee Storm they are extended into the edges of the property. Owyhee Storm, you know, shows phase two in blue. Is that for fire access for phase one -- secondary access; is that -- Van Ocker: So, with -- with phase one we are basically going a full road section to hit our first southern entry point and, then, ACHD is requiring us to do a half road section for the remainder. So, that's -- that's the designation from the pink to the blue on Owyhee Storm. The thought being when adjacent parcels are, then, developed that developer would come in and finish that other half section of roadway. Simison: And follow up on that. Is that phase one requirement to do the half all the way down or -- Van Ocker: No. That would be part of phase two. Simison: And I guess the question I was -- because I had the same question, why are you doing -- why are -- what's -- what's the rationale for the phase one of Owyhee Storm, because it connects to nothing at that point in time. Van Ocker: It's fire access, so that we have two means -- Simison: To -- to a vacant undeveloped parcel of land? Because phase two is not -- and that's -- it's like nothing connects over to the rest of phase one, at least on this drawing, that's what I was trying to figure out, what's it -- what's the purpose of the fire access? Van Ocker: So, if I -- if I'm understanding your question correctly, we will only be doing this pink portion under the phase one. We will -- this will all still be graveled out, so that if there is an emergency at the football stadium, let's say it's -- it's operational at this point, you would still be able to reach -- Simison: Okay. So, there is a connection back -- Van Ocker: Yeah. Simison: -- making a -- I was just trying to find out why does it need to be in phase one versus phase two. Van Ocker: I think we are -- the fire marshal has told us that they -- he would work around a single access point, but we are kind of looking that that needs to occur as soon as we can get that to happen. Hoaglun: Yeah. And Mr. Mayor. That -- Meridian City Council July 11,2023 Page 15 of 40 Simison: Councilman Hoaglun. Hoaglun: -- that was exactly where I was going with that was, okay, is there going to be a connection -- otherwise why do that portion of it? And you can work with the -- our -- our -- our fire department on making sure the weights -- that you have a gravel access point to have that secondary access and, yeah, we can work with you on that, certainly, but -- Van Ocker: Correct. Hoaglun: So thank you. Harper: Mayor? Simison: Lieutenant. Harper: Just for the access part, definitely it is a secondary access. As long as we are able to get through the gravel section. Hence if you guys are starting to use the phase one at some point for games or whatever it may be, if -- if the primary entry point is blocked we need to have a secondary access to -- to render aid or deal with whatever the emergency is. So, both fire and police definitely support the secondary access initially -- initially in that first phase. And the fencing I -- I wanted to ask a follow-up question, if that's all right, Mayor. What is the height of this fencing that you are looking at? Van Ocker: It's six foot. Harper: Okay. And you are talking about the coated chain link? Van Ocker: Uh-huh, Harper: And that's just from a safety and security side for schools that is something that we support as well for the security of the school and the students and staff. So, that's something that we would -- we would recommend. Thank you. Borton: Mr. Mayor? Simison: Council Borton. Borton: Let me jump into that topic. The staff report -- and, Amber, your comments -- it makes it look like this is going to have a -- you were asking to have a six foot chain link fence surrounding the entire property on the perimeter. Is that -- let me start there. Is that a correct summary? Van Ocker: With the exception of the southern boundary line, so that the southern property line that abuts the Bentley parcel and, then, the -- this section that would abut Meridian City Council July 11,2023 Page 16 of 40 McMillan, that's where we are proposing to have that wooden split rail fence, because we are not as concerned about security in those locations. It's really adjacent to the building itself and, then, primarily it's -- it's the play fields. We just have to really control access from, you know, anyone being able to just walk back onto a playfield during the course of, you know, a school day. Hoaglun: Mr. Mayor, I guess -- I get that. I'm just trying to -- to visualize -- I -- I think chain link, even if it's powder coated, is -- is unattractive to say the least. I am envisioning this to be along -- it sounds like it's along Owyhee Storm the whole way, the northern boundary, Ersatz out on the east the whole way. Is this the new norm that schools are going to get -- it has a -- and I know it's not the intent, but it just feels -- well, I guess it's safe, but it feels kind of prison like, quite frankly. I know that's certainly not the intent and I don't make light of safety, but is that -- it's really chain link along three full sides of this whole project, six feet tall the whole way on the edge. Van Ocker: And it's -- it's actually fairly standard. I mean all of our public schools that we -- we do projects for, West Ada, Boise School District, we are definitely fencing almost all perimeter. We -- we generally don't fence the -- the approach, the front of the school, but those connection points back to, you know, a -- a logical location back to the school building Itself to create gated areas, we always have fire access areas, but the schools are fenced. That's certainly normal. What isn't normal is going with the black coated fencing solution. Chain link would be very standard. Borton: So, just to follow up. So, Sonya, tell me what the discussion point was, then, your -- your -- your comments in the staff report was for the Council to determine whether or not that's appropriate. Is the -- is the requirement a blank slate for options here or is there something that's required, whether it's the split rail and -- and we are being asked to consider to vary from either a recommendation that our staff made or any parameters that help us on this topic? Allen: Yes, Mr. Mayor, Councilman Borton, Council, this area is located in The Fields sub area plan and it does call for a modern rural design theme. An example of that is the split -- split rail fence. Staff didn't really feel like the chain link fence is consistent with the modern rural design theme that's desired in this area. So, staff is deferring to City Council on whether they feel this is appropriate or not -- or not for the -- the use and the area. Thank you. Harper: Mr. Mayor? Simison: Lieutenant. Harper: So, with chain link fence -- and I think I'm with Councilman Borton, I'm trying to track here as well, exactly where the fence is at. But that fencing is very standard and, again, it heavily falls on safety and that's what we have to focus on first. On the front of the school, from what I remember from our pre-apps and -- and looking at the files, is the split rail, so visibly from McMillan it's -- it looks nice, it's more aesthetic to the area, Meridian City Council July 11,2023 Page 17 of 40 but in regards to where we have any types of fields, athletics and just like we do at Rocky, Mountain View, at all the high schools, we have that fencing in place for a reason. It's to try to keep out those that we don't want in and protect those who are actually attending events or at school. So, you know, a split rail fence around the entire school is not something that the Police Department would support. It creates a lot of safety hazards and concerns for us. So, I -- again, the -- the fencing is very standard. Simison: And just as a follow-up question, because, you know, I'm racking my brain about where we -- what schools actually have a fence in the front of them. Is that a requirement of The Fields district that they have to have -- or is that a design choice of the school to put something into the front? Because I don't know that you would need to put in a split rail. I don't know that you need a fence anywhere. It's only where you want them. And, then, what you want them to function -- or is there a design element? So, that's -- if you want to put a split rail on the front, great. Do you need it? Van Ocker: Mr. Mayor, we -- we -- we actually would not want to put the split rail in. That would be a -- a maintenance type of fencing design that we probably wouldn't advocate for. We are just trying to meet some of the requirements of -- of The Fields sub plan and, you know, the location of that fence wouldn't necessarily be right at -- adjacent to the entry point, it would be along this property boundary, this property boundary and this property boundary. So, the intent is is that if you are on McMillan and you are looking onto the site you would see that split rail fence. It's going to serve no purpose for the school, other than an aesthetics associated with the sub Fields plan. I mean we -- if it wasn't a condition of approval we would not ask to develop that type of fencing on a school site. Simison: It is a condition of approval in the location. I guess that would be a question for staff. Is there -- is there a requirement that they have to put a fence in on the front or is that -- I understand you want the certain type of fence to meet the intent in other locations, but if you -- if Council is fine with that do they have to do it in front -- or who made that determination? Allen: Mr. Mayor, Council, no, it's not a requirement that they provide fencing, but if fencing is provided fencing should be consistent with The Fields area plan in a modern rural design theme. So, if you deem chain link is appropriate it could certainly be provided along that boundary as well, along McMillan Road. But, yeah, it's not a requirement. Simison: I -- I guess I don't see them putting -- those schools don't have it in the front, they only have it side and back. But I'm not -- you know, you don't have to be most schools, but your school downtown has chain link right there alongside to keep it apart from the -- and I know that's an older facility, but -- yeah. But you don't have it in front of the school. You have on the side, not in front. Van Ocker: Correct, Mr. Mayor. We would -- I mean it would run around the perimeter and, then, it would connect back to points associated with the building to create that -- Meridian City Council July 11,2023 Page 18 of 40 that perimeter fencing. We would fence all the way around the football stadium and then back. So, you know, we are creating that -- that containment zone and, obviously, any area where we would have emergency access points that's where we have, you know, Knox box gated, gates that are able to be controlled by the police department and the fire department for emergencies and I -- I think the other thing that I would add is that, you know, this is a unique design. We are dealing with pre-K through 12th graders and the whole facility really is designed to have kind of a school within a school approach. So, we do have separate entrances identified for the younger grades compared to the upper grades. The playfields are being designed so that there is segregation so to speak between the grades and a lot of that is handled with fencing and it's -- it's very important to be able to control that site. Oftentimes you are going to only have a handful of staff members that are going to be out, you know, during a recess period and -- and they really have got to be able to contain, you know, what is going to be, you know, 1,800 students eventually on this -- on this campus. So, it's -- it's a -- it's very very important, the -- the fencing to be able to have that perimeter. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just to bring some clarity to the mud, so if I get this right, the black coated six foot fence perimeter on the north side, east side, west side, but no fencing is actually required on the south side and if it's not required you would rather not put it in. Van Ocker: Correct. Overton: Thank you. Mr. Mayor? Simison: Councilman Overton. Overton: Question for staff. Regarding subdivisions that eventually go in there, for their fencing -- out front if they wanted a fence it would have to be the split rail, but in backyard, side yards, can they go a six foot cedar or is it going to be split rail? I mean I'm trying to figure out what -- what this applies to and what that looks like as it develops over time. Allen: Mr. Mayor, Council, I -- you know, this is honestly the first application I have had in The Fields area plan, so, you know, that's what the plan calls for. I think it's mainly the -- the feel you get from the streets and -- and walking, you know, of the area. I -- I think the six foot solid fence would be appropriate in rear yards, but I think from the street we are just trying to attain that design feel. Hoaglun: Yeah. Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council July 11,2023 Page 19 of 40 Hoaglun: Yeah. And that's what I think we want a look, a feel, aesthetic for -- for this area and having it up front, you know, adds to that. I'm looking at, you know, Rocky Mountain and -- and Meridian High School, along Linder Meridian doesn't start the fence until they are to the high school, but, then, it goes all around the perimeter of all their fields and everything. I get that. And -- and Lieutenant Harper says, you know, it's -- it's a safety thing and having that back there, because that's kind of the back lot if you will, and having -- having split rail up front to kind of be part of the neighborhood might be a good look, but I understand the need for that. And, then, powder coat it's better than the regular chain link, so that -- that's a nice -- nice touch to -- to have for a safety fence, so I'm -- I'm okay with that approach. Simison: Council, additional questions for the applicant? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Another comment that seems -- sounded maybe unresolved was the construction of the half roadway to the northern field boundary versus the northern property boundary is that issue -- is the -- the normal standard requirement would be to do it to the northern property boundary, but there is an ask to do something different. Is that correct? Van Ocker: Correct. That's correct, Mr. Borton. Thank you. Borton: And -- and if that's the case, then, the full street width north of the school property gets built by the property that develops ultimately to the west, they get the whole thing? Van Ocker: Mr. Mayor, if I can follow up on that. I -- I think that that's what the Planning and Zoning Commission also struggled with and I mean -- and we understand that, is that down the road who will be building this full section of roadway. The school does not have any intention of -- of -- of getting rid of this parcel right now or this 20 acres. So, the intent would be that eventually Cole Valley would be building their portion of that roadway when, you know, this additional 20 acres was built, but, you know, obviously, that is -- that -- that whole discussion is what the Planning and Zoning Commission also struggled with. Borton: I see. So -- so, back in -- Mayor, follow up on that. Amber, is the idea that -- that Cole Valley's obligation to construct the half road width north of the athletic fields remains an obligational of Cole Valley, but -- but the timing of doing that isn't until the northern site develops. Van Ocker: That's what we are requesting. Borton: Okay. Is that -- it looks like it's a cul-de-sac. It's a dead end? Meridian City Council July 11,2023 Page 20 of 40 Van Ocker: Correct. It's -- right now it's a road that would go nowhere. Borton: Okay. All right. Mr. Mayor, the reason for my question is I thought I had heard the ask being that it never be an obligation of Cole Valley to construct that half north of the field, but you are saying you just don't think it's necessary until that future -- the northern site develops, at which point Cole Valley would, then, construct its half. Van Ocker: That's correct. Overton: Okay Thank you for the clarification. Simison: Council, any additional questions for the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: One more and that's timing for the phases. What are you looking at for a timeline for things to start? I know it's always fluid depending on funding, but -- Van Ocker: Yeah. Mr. Mayor, Councilman, great question. Right now we are -- we are intending on -- after the irrigation season is over this summer we will be on site piping the Creason Lateral, which basically bisects east to west the parcel. That work has to happen first and we have already gone through our approvals with the irrigation district to secure all of that. So, once the irrigation season is over we will be on site to do that. Best case scenario, once we move through this process with -- with the city we are -- we are currently working on our design documents. We would be submitting those to the city after the new year. So, in '24 they would go in for plan review. Best case scenario we would be following up on -- in earnest on the site spring of '24. Simison: All right. Do we have anyone signed up? Hall: Mr. Mayor, we do not. Simison: Okay. Is there anybody else present who would like to provide testimony on this item at this time, either in the room or online? I -- I -- I see nobody coming forward or raising their hand, so I -- I -- we can invite the applicant back up for final comments or if Council wants to talk further themselves for a second and, then, we can go from there. The applicant's coming back up for final comments and to stand present for questions. Van Ocker: Thank you, Mr. Mayor. We have -- we have no other additional comments and just appreciate your time. Simison: Okay. Overton: Mr. Mayor? Meridian City Council July 11,2023 Page 21 of 40 Simison: Councilman Overton. Overton: I knew I made a note on one other question. Early in the presentation it was talked about that you were going to try to do a five foot wide detached sidewalk along with McMillan, but the staff recommendation was what fits with our city pathways was a ten foot wide multi-use pathway required along McMillan. Were you in agreement with that? Van Ocker: Yeah. The -- the ten foot is what we have currently shown. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: With -- with the discussion that's happened, Sonya, does staff have any areas where there is either confusion or -- or inconsistency in what final conditions might be? Allen: Mr. Mayor, Councilman Borton, Council, not at this time, no. Borton: Okay. Thanks. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for staff. Sonya, you had mentioned this early in the presentation on some of the history and the boundary adjustment and you had mentioned something about the final approval boundary adjustment is required prior to Council approval of the annexation ordinance. So, how does this process work? If we are looking to approve this and with the variations of conditions and whatnot, are we not annexing -- annexing at this point in time or we annex, but it won't take effect until after that final approval of boundary adjustment? Allen: Mr. Mayor, Councilman Hoaglun, Council, you may go ahead and approve the application tonight if that's your decision. The findings would come back for approval approximately two weeks later as is typical. But the annexation ordinance usually follows with the development agreement and that would be held up until that property boundary adjustment gets finalized. Hoaglun: Thanks for the clarification. Allen: And, then, the annexation isn't -- isn't a done deal until that annexation ordinance and DA is approved and recorded. Thank you. Borton: And Mr. Mayor? Meridian City Council July 11,2023 Page 22 of 40 Simison: Councilman Borton. Borton: On that point, a motion to approve an annexation, would -- it would be contingent upon that future boundary adjustment being approved. Is that a condition in the DA that needs to be specified, so it's not merely a timing of, you know, the waiting for the ordinance to get before Council, but the actual -- got a little nerdy and technical, but the actual annexation approval itself I guess has to be contingent on that boundary adjustment, doesn't it? Allen: Mr. Mayor, Councilman Borton, yes, the -- the development agreement won't be acted on and approved by Council until the annexation ordinance and its staff's recommendation that that property boundary adjustment be finalized at that time. I don't believe staff included a development agreement provision that that be done, because it wouldn't be necessary to have that in the development agreement, because it would already be done by that time. Borton: And -- and, again, just to ensure there is no snags and maybe Mr. Nary can help -- help out. Is it -- well, I will just be quiet and listen to Mr. Nary. Nary: So, Mr. Mayor, Members of the Council, Council Member Borton, I think as the findings reflect that the intent is to -- is what Sonya stated of the property boundary adjustment completed prior to the action on the development agreement, that it doesn't need to be in the DA, but it should be in the findings. Borton: Perfect. Thank you. Mr. Mayor? Simison: Councilman Borton. Borton: I don't have a question, but just a comment. I think this applicant is -- is, has been a special part of our community for some time, so there is lots of options of where you probably explored to make this -- this master plan be housed and I think it's fantastic that it's in the City of Meridian and you have clearly done a lot of really good heavy lifting to make this co-location super facility look beautiful and try and also address the -- the critical needs of -- of safety and I think the questions from the P&Z minutes seem to reflect some good valid concerns over traffic and how this might integrate into The Fields district. I think our staff has done that as well and we have been impressed with Amber, you have done -- you have been involved in as many schools in this valley as anybody else. So, I think this is -- it appears to be a reflection of really good work done by you and your team in conjunction with city staff. So, I think it's a -- it's a beautiful project. I think the conditions as presented make good sense. That's my take on it. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council July 11,2023 Page 23 of 40 Strader: Yeah. I -- I echo those comments and I think it's great for, you know, the community to have another educational option and this definitely provides that. I don't have heartburn over the split rail fencing, you know, being -- not being in the front. I think that's fine. Appreciate the safety factor in enclosing the athletic fields and so forth and I think it makes sense and, you know, if the roadway is not totally completed until phase two, I think that's fine as well. So, I don't have any issues. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Certainly as long as the applicant works with the -- we always talk about fire department, because they are the ones that drive the big heavy trucks. You know, if they -- if those trucks can go on it and we know police can go on it. So, that's the main thing off of Owyhee Storm, making sure that's taken care of. I don't have any issues of them having to put in that dead end road north of the phase one, just because, you know, who knows they might end up selling that for development purposes and that developer would put in that -- that road as opposed to having them put in the half and that sort of thing. So, it kind of keeps it a cleaner -- cleaner project and process. So, yeah, I think it's going to be a -- it's exciting I'm sure for the people who go to Cole Valley to have a school site with K through 12. That's unusual. It's -- it's kind of fun to see. I think that will be very attractive and -- and having gone to 7th grade and 9th grade where Cole Valley is now, yeah, it's -- it's time to have a new school I think, so -- because that was a long time ago just for me, so -- that's exciting. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: I would just like to clarify something for the record. I'm not sure -- I'm not sure if I'm understanding the -- some of the comments correctly, but -- so the current development agreement provision requires the extension of Ersatz and Owyhee Storm to the property boundaries -- northern property boundary, not just the boundary of the school site. The gray area would be the property boundary at the north. That is what ACHD is requiring, as well as staff in the staff report. If -- if you do not require the extension of those streets to the north boundary as requested by the applicant, this will also not extend city services to the northern property boundary or streets or adjacent developers and adjacent properties. So, just be aware of that if you do choose to go that route tonight. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council July 11,2023 Page 24 of 40 Hoaglun: Sonya, what I was looking at was that extension of Owyhee Storm stopping on the north side at the end of the phase one line. So, you are saying it needs to go to the end of the gray to the north or is phase one okay? Allen: The staff's recommendation in the staff report is it goes to the -- this is one property, one -- one parcel. So, staff is recommending that it go to the north boundary line of the gray area. If -- if the school doesn't develop that area for quite some time there will be no connectivity to adjacent parcels and no extension of services in that area if you don't require that. Again, as I stated, ACHD is requiring that as well. So, it's consistent with their -- their conditions. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: I guess to piggyback on what Sonya just said, without that -- since it is one parcel there is no boundary to build to. I mean there is no -- they need to -- they need to carve off that property separately to not have to extend it. Otherwise it is required by code to go all the way to the end of the property. Hoaglun: And, Mr. Mayor, Sonya, that could be, though, part of phase two as they show here. It doesn't have to be in phase one. It's at some point. Allen: Mr. Mayor, it is in phase two currently. Hoaglun: Correct. Allen: They did revise their phasing plan. That wasn't initially what they proposed, but staff did ask them to revise the phasing plan to include that -- those requirements. It's -- it's half a street section plus 12 feet is what ACHD is requiring. Clear to the northern property boundary. The applicant did ask for the street buffer and walkways on those future development areas, the gray areas, to not be required at this time, because they were concerned that with farming the property in the interim use that they would -- it would get, you know, messed up, so -- so that is something that you should actually include in your motion tonight, too, if -- if you are okay with the applicant deferring construction of the street buffer and walkways on the gray areas. Hoaglun: Okay So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just thinking out loud, then, well, if they have to require that and they end up do selling it that -- they just improve the property and they get a higher price, so I guess that might be one way to look at it, but it is extra cost right -- you know, in phase two, but if that's what's needed to extend amenities and whatnot and ACHD requires it, that kind of does limit our options a little bit. Meridian City Council July 11,2023 Page 25 of 40 Simison: Like I said, it goes -- and goes back to the question -- not to delay, but could they come back and split the property and not annex that portion in? That's an option if you don't want to build it, I just know how it would impact your timing. Mr. Mayor, just to -- Simison: Councilman Hoaglun. Hoaglun: -- further then. So, I -- I'm fine with them not putting in the sidewalks and those items, because that would have impact for agricultural operations out there. So, that part I'm fine with. Can't get the other we will get -- get that. Simison: Is it the sidewalk or the landscape buffers? It says -- because she's okay if they don't put in the sidewalks? Allen: Mr. Mayor, Council, I'm unsure if ACHD is okay with that. I -- I believe they are requiring it, but I'm not positive without looking. I would imagine they are requiring the improvements. That's typical. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: In light of Sonya's information on city services being extended, yeah, that kind of -- that's pretty important. I -- I'm okay with the walkways not going in. The buffer not going in. But I think we have to have that half roadway go in to connect city services to the north. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: These are just standard conditions in any development. If the buffer and sidewalk on this annexed property don't go in what is the future trigger that requires the installation? Allen: Mr. Mayor, Councilman Borton, Council, it would be with future development of the -- those areas, the two gray areas shown on the phasing plan. Borton: Okay So, it's -- it's a deferred obligation to install those improvements, not a waiver of them. Allen: It is, yes. Borton: Okay. Good. Thanks. And I agree it makes -- it makes sense in the interim in the short period in light of the agricultural operations if there is a means to -- you know, no need to waste funds if they might get removed when those operations end, but Meridian City Council July 11,2023 Page 26 of 40 certainly to preserve the commitment that the buffer and pedestrian connectivity goes in with any redevelopment is critical. Strader: Oh, hey, I'm back, you guys. Sorry about that. I had a technical issue. Simison: Well, we left it all in your hands to make the motion, so pay no attention to what you didn't hear. Yeah. So, Mr. Nary, if it's in our -- our code -- is our code speaks -- is it our code or ACHD's code? I'm confused on who -- on the street requirement to extend -- you know, I understand services. I didn't know roads and I don't know sidewalks, if that's part of whose obligate -- whose code. Because, yeah, I don't think that we can do something if our code -- if our code says roads and sidewalks, but -- Nary: And Sonya is correct. So, our -- our code requires you annex your entire parcel. So, if that's not severed, it's -- it's not a separate piece they have to annex all of it. Then the requirement for the road I thought was both ours and ACHD, but I could be wrong, that you have to -- you have to build the adjacent road. You know, I think here it's just the half plus 12 1 think is the northern part, if I'm correct. But I thought that was -- I was -- I thought that was our code and ACHD, but it might just be ACHD. I can't recall at this moment. Simison: I just want to know what is obligated under the code for people to be built, so it's not -- we are not waiving something that we shouldn't be waiving if Council desires to do so. Nary: Well, normally we -- we do require by code that they extend services all the way to the edge of their property and that's normally through the road. Simison: To my knowledge the road includes sidewalk, but I don't -- just want to be clear for the applicant. Allen: Yeah. Mr. Mayor, the services are required to be provided to and through properties, so that other properties adjacent to them can extend it to their properties for development. Unless a property is being subdivided we look at one parcel as one parcel for development purposes and require improvements accordingly. So, if they were subdividing the property and phasing it, then, we would allow those improvements to be constructed with the phase that they are associated with, but the difference is is this applicant is not proposing to subdivide the property. Nary: So, Mr. Mayor, Members of the Council, I believe it -- I mean we have certainly delayed with bonds for landscaping. We -- I think they can trust for the sidewalk, because they sometimes will wait on doing that, because if they have to, again, construct more road later they don't want to have to move the sidewalk or rip it up. Same thing with the landscaping. So, I think we can work with the landscaping and sidewalk, if the Council is comfortable with that, but we definitely want to make sure the service is extended and if ACHD is requiring the roadway, then, they are going to have to build the road. Meridian City Council July 11,2023 Page 27 of 40 Simison: Yeah. And my guess is the roadway includes the sidewalk. I have never seen half a road built without the sidewalk on one side of it. Nary: True. Simison: Personally. I mean -- I look at half roads that were in my subdivision that was required. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I'm just going to say, though, but with agricultural activity that -- you know. And -- and if that takes away say a ditch or something like that, now you have got vacant land that's not under production, to me that's just -- just -- we are -- we are just wasting resources here. Simison: I'm just going to the -- whatever the -- what I think is the question is what does ACHD define as the half plus 12. If ACHD is not -- is fine with that not occurring, but I don't -- Council is considering waiving something that ACHD requires is half plus 12, that's really my question is in that regards. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: We have a little bit of time to think through this. What concerns me now is we approve that they build just the half roadway and they don't build the walkways and the buffer and, then, we do get a development to the north that is going to be walking down a sidewalk that doesn't exist, because we waived that tonight and I don't think any of us want to have anyone walking in an area where we have allowed them not to build the sidewalk. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: A question for staff. I mean if the applicant really doesn't want to complete it how difficult would it be for them to subdivide the property as, you know, a way to tackle that? Allen: Mr. Mayor, Council Woman Strader, Council, they would have to submit a preliminary plat application or a some version of that. Short plat. If it meets the applicability. Meridian City Council July 11,2023 Page 28 of 40 Simison: I'm kind of looking at the applicant to see what they -- you have heard options. What's -- what's a better less option or more expensive worst option? I don't know. Van Ocker: Mr. Mayor, thank you. It was discussed early on in this process on whether or not we were going to divide out that 20 acres and the Cole Valley administration board did not want to do that. They wanted to keep the parcel intact. So, that has complicated this whole discussion. I -- I mean I think if -- if -- if -- you know, obviously, if we are tied to what ACHD is going to require us to do and the sidewalk is something that ACHD deems important -- these are detached sidewalk requirements. It's -- the landscaping component is a big piece of it. We don't want to extend all this landscaping on this 20 acres and have to maintain it when the adjacent ground is going to be put into farming. So, you know, that's -- that's where it's -- it's your comment earlier, you know, putting in resources that potentially could be destroyed, I mean if it was a deferred requirement I mean maybe -- you know. And I don't know, Mr. Nary, if there is a possibility of something like that if adjacent parcels start to develop, but it -- it really does come down to just a -- you know, a practical nature of not wanting to build this infrastructure and have to take care of it when you have got a farmer out there growing crop on it. We don't -- we do not want to subdivide this out as -- as was suggested. It's not the direction that the board wanted to take. It would certainly stop this process that we are in right now and delay things. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Got a question then. And maybe also for Legal. Is there a way to allow just the road to be built, city services to be extended and we don't require walkways and landscape buffer, but in some form of a deferral that if any of the properties that we now connect with to the north develop that that automatically triggers they have got to go in and build the sidewalks to connect? Are we reaching too far? Nary: Mr. Mayor, Members of Council, Council Member Overton, yeah, I mean it's just the mechanics of doing that. You know, there is -- I mean I'm just looking at an aerial map of the area and there is significant amount of land north of this property. So, I don't know what -- what or when something is going to connect to it. So, I think that's the concern is you have got 20 acres with this gap that's -- that may remain in the ownership of Cole Valley and not get developed for ten years and the immediate parcel to the north of that gets developed two years from now and, then, you have this gap. I'm not worried -- I'm not worried about the landscaping. I know we have dealt with landscaping on other occasions. We have bonded for landscaping, because it's the winter, it's not available or whatever. So, we have -- the landscaping I don't think is a big hurdle. It's -- it's the sidewalk and I think what I heard Ms. Van Ocker say the concern was -- is there a concern in accessing the property with a driveway access for farm vehicles? Is that the concern? Meridian City Council July 11,2023 Page 29 of 40 Van Ocker: Correct. Nary: Yeah. Van Ocker: And just everything associated with an agricultural use and, you know, he will still be irrigating this 20 acres off of a ditch, you know, and now water is running all over the place that we can't control. I mean it -- I think it kind of snowballs on us a little bit. The landscape I completely agree. If there was a way that that could be bonded for later, it -- I just think that it would be very very difficult to maintain and it's a -- Nary: Mr. Mayor, Members of the Council, I -- I don't know if Sonya can think of a solution with ACHD. I know they have done trust for sidewalks and bridges and things like that, but I don't -- and I don't know if the trigger, like Councilman Overton comes up, is something we can deal with from a development agreement standpoint. I mean we can put the words in, but somebody still has to go back and tell somebody go build a sidewalk and get it done, because the property to the north wants to develop now. Allen: Mr. Mayor, Members of the Council, I did have a chance to review the ACHD report and it does require half plus 12 of the street extensions, along with curb, gutter and sidewalk. I'm not sure if ACHD -- they may be amenable to accepting some kind of surety or bond for those improvements. That would be something that the applicant would have to work out with ACHD. You know, I know the city in the past has handled these kind of situations through -- through development agreement, either deferral of the improvements -- I know at times the Council has not required the landscaping within the street buffer, but has required the sidewalk, especially near schools, for safe -- safe access to schools. Another option might be a temporary asphalt pathway. Simison: That's what I was just going to suggest. We did that at the intersection of Victory and Locust Grove and I'm just hopeful that they -- to pulling out that assault pathway and put in sidewalks, because it was -- but it -- it's met a need and doesn't have the same impacts. You know, just -- if it would -- could be a temporary asphalt pathway next to the curb and, then, replace eventually with a -- something else in the future when property is developed. But that's what -- again what they -- it sounds like that's a -- those are ACHD conversations. If Council is okay with that type of a consideration. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Good conversation. Short of us staring at each other trying to figure this out, it seems like a discussion of legal staff and the applicant and ACHD needs to have and to articulate what that would look like. Simison: Or to go back with their board. Meridian City Council July 11,2023 Page 30 of 40 Borton: I mean -- I mean we are -- we are -- this is -- this is really extremely unique in the sense -- I think annexing property without, you know, design and a plat and anything that indicates what's going to be on this northern parcel. That's not very common. I understand the ask, but -- Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I -- I guess in the same conversation, Councilman Borton, I mean I know what the Planning and Zoning Commission wrestled with a lot on this was the timing and I -- I don't know what the timing for Cole Valley is for this, because technically they are -- they are asking for an approval tonight and I don't know how long the property boundary adjustment is going to take to -- to get finalized, but nothing's going to happen until that happens for the city. So, we won't be annexing it, we won't be signing a development agreement. So, since there is a built-in delay, but that's still having to happen, you -- in my opinion you don't have to approve anything tonight. We can maybe get some of the answers to these questions before we bring it back In a month or so with a better answer to the access issue and the available -- use of that, because in my opinion -- I mean the -- the property north of this with two large schools out in this area are going to be ripe for someone to want to develop it at some point in the next three to five years. So, I mean this is really going to come up soon and we could maybe come up with a solution between now and a month from now, but I don't know the timing that Cole Valley has. Van Ocker: Mr. Mayor, Members of the Council, we would prefer that you act on this application tonight and if that means, you know, requiring us to do what ACHD is requiring us to do on these roadways, we would prefer to move forward. I would rather approach ACHD with your approval if there is some other option on the sidewalk, for example, rather than waiting for them. It took us a long time to get to this point with ACHD and I would not want to necessarily revisit that and delay your decision this evening. Simison: Okay. So, Council? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. And -- and to Amber's point, I -- I can see why they want to move forward, but I'm just trying to think is there a way we can craft this that says, hey, we are okay with a temporary path and -- and -- and if -- if ACHD agrees to it, that's fine, or if there is something -- whatever ACHD gives to them we are fine with that. But I don't know how you -- how you craft that saying, yes, at a certain point in time we want landscaping, we want sidewalk, but if ACHD is willing to waive or alter or delay those types of things, then, we would be fine with that. So, I don't know, Mr. Nary, if there is a Meridian City Council July 11,2023 Page 31 of 40 way to say, hey, if they required it at all, that's what's going to happen, but if they do something different we can -- we can go along with that. Nary: So, Mr. -- Mr. Mayor, Members of the Council, Council Member Hoaglun, I think our -- our standard condition is to follow all the requirements of ACHD. So, if they do work out with ACHD a temporary, a bond, something else, all our conditions is require us to meet whatever they require. Same thing with the landscape and we always require landscaping, we do allow for bonding for periods of time to not put it in and they usually work that out at the staff level. So, I -- I think the standard conditions I think are applicable -- are adequate, but -- Allen: Mr. Mayor, if I could chime in on that. There -- there is no standard condition that says to comply with ACHD requirements. Maybe there should be, but there is not. They kind of -- I think the -- I think the most restrictive applies between the two agencies and -- and along with the -- the development improvements for the -- for the entire site, those are required with development, unless otherwise specified in the development agreement. So, if it is your wish to allow those improvements to be deferred, please -- please state that in your mention -- or in your motion and we will include that in the development agreement, just to ensure there is no issues down the line. Thank you. Nary: Yeah. Mr. Mayor, I simply -- if we are going to add that, I would simply say that it will allow the -- allow for the applicant and the city and other agencies to work on any potential deferral -- deferrals or alternates and comply with those requirements. So, that way we don't know what they are going to be, we don't know what it is, but we just want to make sure -- whatever either we allow or the ACHD allows that they are required to do that. Hoaglun: Mr. Mayor, I guess -- Simison: Councilman Hoaglun. Hoaglun: -- find out from Amber -- or are we -- are we good with that approach from your perspective? Van Ocker: Yeah. We would agree to that. Hoaglun: Okay. Simison: Then do I have a motion to close the public hearing? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing on H-2023-0011. Meridian City Council July 11,2023 Page 32 of 40 Borton: 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 nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: I didn't want to make the motion to close public hearing, because usually, then, you follow up with a motion and I don't think my notes are good enough to capture everything on this thing, but -- Simison: Does that mean I get to make the motion tonight? Oh, I can't. Hoaglun: Only if we tie. There is four of us. I don't think there is going to be a tie, Mayor. Simison: That's breaking the -- but I was like making the motion -- one of these days I'm going to make a motion. Hoaglun: Well, let me -- let me give it a go. Simison: Councilman Hoaglun. Hoaglun: Certainly we have done this before, we can -- we -- we work through it and -- and make it happen, so -- well, Mr. Mayor, after considering all staff, applicant and public testimony, I move to approve File No. H-2023-0011 as presented in the staff report for the hearing date of July 11th, 2023, and that would also include that the issue of the final approval of the property boundary adjustments required prior to Council approval of the annexation ordinance as we discussed for the DA. It would also include that -- and I haven't formulated my thought on how to -- how to word this. But the fact that we are willing to waive the develop -- the inclusion -- or the construction of sidewalk and landscaping until such time the northern property is developed, but, however, will -- will -- applicant will comply with all ACHD requirements for that street and sidewalk and other amenities as -- as they require. That was a hard way -- bad way of saying it, but I think you understand my gist. So, what else am I missing? Overton: Does the maker of the motion wish to add allowing the black coated chain link fence north, south and east? Hoaglun: Oh, yes. Thank you, Councilman Overtone. I did. That it also be allowed to include the black chain link fencing around the north, east and west portions of the property as they have indicated in their application. Overton: Second. Meridian City Council July 11,2023 Page 33 of 40 Allen: Mr. Mayor, clarification of the motion, please. Simison: Motion and a second and staff for question. Allen: Did you intend to not require a fence as proposed by the applicant along McMillan Road, the split rail fence? As is they have proposed it, so it's a requirement and if you are okay with removal of that we can allow for that. If not, it can -- it can stay. Thanks. Hoaglun: I'm on the fence about that one though. I mean, you know, I -- you know, it's -- I don't know what's going to develop out front. I mean they do have one portion of it that's going to be at the corner there of Ersatz. Everything else, if that's developed or stays in that farm property, it's not going to be seen, but if they proposed it and -- and want to continue with fencing, then, it would be required. How is that for getting around things? Yeah. Getting that look from Tonya, so -- Sonya. So, anyway, I don't know, Council, what -- let's -- let's have a little discussion about that, because I -- I really am -- I -- I -- I don't -- there is part of me that says, hey, this is what we are doing in The Fields district, we are trying to create this atmosphere, if you will. So, why not -- they are going to be part of that community of the -- what we call The Fields district, so let's try and -- try to blend that in or tie them in with the signage and everything else that's doing. So, that's kind of where part of me falls into, it's -- it's not going to be as expensive I think as chain link. I don't know. But, Council Members, what -- Strider: Mr. Mayor? Simison: Council Woman Strader. Strader: I think if we are going to require something we should just try to make it cohesive. I'm like concerned that we are going to just require a split rail fencing, but we are going to get like four different versions of it in The Fields district and it's not all going to look the same. So, I just think whatever we do, if we do it it should all be like really specific. I'm -- I'm -- I'm -- I have a different concern, which is I'm just -- I -- I keep getting hung up that we are not -- we are open to not requiring like the sidewalk and the roadway improvements if ACHD basically agrees to some alternative. Like I'm okay putting the landscaping I think in -- in a bond or something like that. But I'm kind of struggling with like the school has the ability to subdivide the property and they are choosing not to and that is within their control, then, to avoid those improvements. So, just sort of having a hard time being open to making an exception. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Members of the Council. I would suggest, instead of the word waive, which always has a really bad connotation, is that we just allow deferral and deferral is done fairly often, but it's not deferral for ten years generally, it's going to be a deferral for a Meridian City Council July 11,2023 Page 34 of 40 period of time, but I think that's what the tenor of the conversation was more of a deferral to a future point. I think the concern we have that I don't have an answer for is when the immediate property to the north begins to develop and this one hasn't, you are going to want a sidewalk to connect it and so it's -- it's going to have to get done. So, don't know how the deferral works with ACHD, but we could work through that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: On the agreement of the second on that I would like to substitute deferral for waiver. That is a much better word. Overton: And second agrees. Hoaglun: Not going to waive it in perpetuity, we are just deferring them doing it at this point in time. Simison: Motion maker and the second agree, so we will do so. You know, I know you didn't ask for my opinion on the fence, but it's not required and that's where I'm like -- there is no reference requirement ever on a property and so I don't know how we -- why would we require a fence. I understand that if they want to build it, meet -- meet the areas, but there is -- should there be a requirement? We don't require people to fence subdivisions, do we? Just a perimeter. So, I guess if that was to become something else it would require to be fenced in that manner, but if it's not that's going to be a real interesting -- when we -- you might have to rethink if split rail is what we are going for. I just don't see homeowners wanting split rail fences in their yards. But that's just me. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: Not to correct Mr. Nary, but we do not require perimeter fencing around subdivisions. We do require fencing around common open space areas to delineate private from common areas. Before your motion is done would you please clarify -- I heard you say waive and not defer. I wasn't sure if you were referring to the fencing -- the split rail fencing or the landscape buffer along the northern portion of the future development area. Hoaglun: Mr. Mayor, Sonya, it was related to the sidewalk and landscaping to the -- Allen: You want to waive that requirement? Hoaglun: No. That is deferred. I wanted to substitute the word deferral -- according to -- you know, Mr. Nary had a better alternative. Instead of waive it was deferred, so -- and the second agrees, so we are good. And as to the fencing, yeah, I keep going back Meridian City Council July 11,2023 Page 35 of 40 and forth on that. So, I -- I -- I would not include requiring fence -- the split rail fencing in in my motion. Overton: Second would agree. Hoaglun: Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The clarification on the -- when the reference is made for a deferral of the landscape buffer and the sidewalk on the property to the north, until that develops, are you talking about the -- the 23 acre northern portion of this application when that develops or the property north of this entire annexed area? What do you mean by property to the north? Hoaglun: And -- and Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Councilman Borton, my -- my motion would be for the property that is under their control. The sticking point I have is -- and if we do talk -- and I know that's an idea that, okay, if something across the road develops and, then, that would trigger their -- their effort, but what -- what does develop mean and how many? Is it, you know, three homes that decide to build right away. Usually it's going to be a big development, if -- and -- and when does -- once those -- when they start building does that trigger it? It does -- as Mr. Nary pointed out, you know, it gets a little sticky in there. You know, how do you define this, how do you do that? We do want schools to be walkable. So, if people are living there to the north we want to have that access point -- a safe access point. If there is a way to come up with what does that trigger, what does that development mean, at what point in time, that, then, they have to -- to move forward and I -- I'm -- I'm fine with that, because I get that aspect of it and it is a safety issue, so -- but originally, Mr. Borton, I -- I -- I was thinking of just that particular property, because they might sell that to a developer who wants the develop it right away, they can put in the sidewalk. That's going to be part of the requirement, so -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I apologize, I'm just -- I'm not tracking. Does the phrase property to the north mean the 23 acres that is part of today's annexation or does it mean something outside of today? Meridian City Council July 11,2023 Page 36 of 40 Hoaglun: Mr. Mayor and Councilman Borton, my -- my motion was with the 23 acres in -- Borton: Okay. Got it. Okay Thanks. Hoaglun: And I'm open to -- if -- if someone wants to say, hey, no, if we define it this way, if we want -- if something could cross the road -- well, it's going nowhere right now. If there is development that starts occurring that would be the trigger to have -- require them to do that -- that -- that would be fine, but how do we -- how do we do that gets a little murky in my mind, so -- we can only control this particular area in this application. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: Councilman Hoaglun. Yeah. There is -- unless you require a surety to be submitted for those improvements there is -- there is no way for us to go and get them later if the property to the north of the subject property develops and we typically aren't in the -- in the habit of holding surety for extended periods of time. So, I -- I would recommend if you want those improvements to be constructed at this time that you require them. A possible solution for farm access to the property would be to leave a driveway open, so they wouldn't be destroying the sidewalk and, then, when that northern portion of the subject property redevelops and they could complete that section that's missing. Just a suggestion. Thank you. And the property to the north, just an added thing, I shouldn't say to the north, but the northern portion of the property is -- I believe it's a 19 acre site. Nineteen -- Borten: We can't hear you. Strader: We can't hear you. Allen: Sorry. The northern portion of this property, just for clarification of the record, is 19.6 acres. The approximate 23 acre reference actually included that southern future development portion. So, I just wanted to clarify that. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm -- I'm -- I'm comfortable certainly with the approval of motion and for me I hear this portion -- the condition of approval state that the -- the sidewalk and landscaping improvement on this 19'ish acres within the subject parcel, the northern part, can be deferred until the earlier of the development of this 19 acres, which is the northern part of the subject process -- property or the development of the property immediately adjacent on the northern portion of this subject property and that staff create and articulate some condition that ensures when either of those two events -- the Meridian City Council July 11,2023 Page 37 of 40 first of those two events were to occur that this applicant's obligation that has been deferred is triggered and if a driveway is an interim -- a driveway into that northern portion of this subject property is an interim remedy to allow that to occur, seems wholly appropriate. Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: Unless we require a surety for those improvements there is no way that we can get those in the future. Nary: Mr. Mayor, I was going to -- Allen: The abutting property to the north developing. Nary: Yeah. The only way that we could trigger us to be able to enforce that would be require a surety bond for that -- those improvements and put those two conditions. Allen: And -- and like I stated there, we typically don't hold sureties for an extended period of time. Nary: It's normally a year and -- but we never know. But I mean we don't like to hold them for much longer than a year. Allen: I think ACHD -- I think this was mentioned earlier -- may be able to do it through a road trust or something similar, but I can't speak for them, so -- like the sidewalk, for instance. Borton: Mr. Mayor, I don't know -- I don't know how else -- yeah. I don't know how else you proceed on this without solving that problem and if it's something that can't be done we are back to the start of this in my mind. Simison: Yeah. I think this goes back to the question about taking two weeks to go and try to solve these issues. They don't seem -- I know they don't seem little, but they are big, but they are and time to get this right is very important to the city, it's very important to the school and I would hate for us to say one thing and think we got it and who knows what type of obligations or challenges we have put on somebody somewhere through this process. I -- I don't think we are far off. I think it's just work -- it doesn't work well trying to solve things from the dais when you really need to work with another agency to get a solution. But we do have a motion. Hoaglun: Mr. Mayor? Simison: I'm just not sure where the motion would go based on -- or where the votes will fall on -- on the motion. Meridian City Council July 11,2023 Page 38 of 40 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I like Councilman Borton's discussion points of earlier of development -- the northern portion -- earlier development of the 19 -- whatever is earlier, the development of the 19.6 acres or development to the adjacent northern property, a deferral is triggered, but I guess it does come down to, you know, that road trust. If they are able to do the road trust that we can require that, but that's what we don't know if that's doable. Now, how long will ACHD take to discuss that, is that a staff level discussion where they can have that and go, yes, we would accept a road trust and do that and -- but I will stop talking and see what we might have for solution wise. Allen: Mr. Mayor, Council, the applicant just relayed to me that the school is willing to go ahead and construct the -- the sidewalk and the buffer on the northern portion of the subject property. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I -- I would strike from my motion any -- any reference or requirement regarding any deferral, waiver or other items related to the landscaping and sidewalk requirement for that northern 19.6 acres. Overton: Second agrees. Simison: Second agrees. Is there further discussion on the motion? Allen: Mr. Mayor, sorry, another clarification, please. Simison: Sonya. Allen: I don't believe we ever got a final answer on the split rail fencing along McMillan Road, whether that's required or if you were leaving it open for the applicant to not do it if they don't wish to. Hoaglun: We can leave it open to the applicant to -- to do it or -- or not. We are not going to require -- we will not require it from the city. Allen: Thank you. Simison: That's part of the motion. Does the second agree? Overton: Second agrees. Meridian City Council July 11,2023 Page 39 of 40 Simison: So, there we have our -- you want to repeat the entire -- I'm kidding. Is there further discussion or questions for clarification from Council or staff? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Congratulations and we look forward to seeing it move forward. MOTION CARRIED: FOUR AYES. TWO ABSENT. 4. Public Hearing for Costco Development (H-2023-0007) by Barghausen Consulting Engineers, Inc., located at 3403 W. Chinden Blvd. A. Request: Development Agreement Modification to the existing Development Agreement [Inst. #2018-069276 (H-2018-0004), amended as Inst. #2018-114828 H-2018-0066)], which currently prohibits deliveries from occurring between the hours of 10:00 pm and 5:00 am to prohibit deliveries from occurring between the hours of 11:00 pm and 3:00 am. B. Request: Conditional use permit to allow extended business hours of operation from 6:00 am - 11:00 pm to 3:00 am - 11:00 pm. Simison: With that move on to Item 4. Do we need to open this or a motion to satisfy -- Nary: A motion satisfies. Simison: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just for the record, the developer -- the applicant in this case Costco Development, under H-2023-0007, has requested and sent a letter requesting withdrawal of this application for the development agreement modification and I -- I just wanted to note in the letter that they sent for the request I -- I thought they -- they heard the neighbors, they understood the issue and -- and we appreciate that willingness to not only withdraw the -- the application based on the testimony, but also they have -- they have committed in this letter to enact the following operational improvements at the site, just to read into the record, that no trucks will be allowed to travel behind the Costco store, except emergency vehicles and public service vehicles. Wayfinding signs will be installed to guide trucks to the approved delivery route. Education reinforcement Meridian City Council July 11,2023 Page 40 of 40 of required truck routes will be provided to the drivers and Costco will work with city staff to replace the small load truck sign at North Ten Mile Road and West Lost Rapids Drive with a larger more conspicuous sign. So, just -- my motion just to make sure that is into the record and -- and that we do appreciate that effort and -- and being good neighbors for that -- for that area. So, I make that motion that the withdrawal be granted. Overton: Second. Simison: Have a motion and a second to withdraw the application. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the application has been withdrawn. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS EXECUTIVE SESSION 5. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: Council, anything under future meeting topics or do we have a -- do we need to vacate Item 5? Hoaglun: Mr. Mayor, I move that we vacate Item 5. Overton: Second. Simison: Have a motion and second to vacate Item 5. Is there any discussion? If not, all in favor signify by saying aye Opposed nay? The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: And we are at the last item on the agenda. Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying Aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 8.00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7-25-2023 MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON - CITY CLERK