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2020-06-09 Regular MeetingMeridian City Council June 9, 2020. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, June 9, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Bill Parsons, Joe Dodson and Joe Bongiorno. Item 1: Roll-call Attendance: __X__ Liz Strader __X__ Joe Borton (6:51 p.m.) __X__ Brad Hoaglun __X__ Treg Bernt __X__ Jessica Perreault __X__ Luke Cavener __X__ Mayor Robert E. Simison Simison: Okay. Well, with that we will call this meeting to order. For the record it is Tuesday, June 9th. It's 6:01 p.m. We will begin this meeting tonight with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is the Pledge of Allegiance. If you will, please, rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation with David Snyder of Twenty Six Eight Church Simison: We will move on to Item No. 3, our community invocation. It will be delivered by David Snyder -- Pastor David Snyder of Twenty Six Eight Church. If you will all join us in the invocation or take this as a moment of reflection. Pastor Snyder, thank you for joining us. Snyder: Thank you for letting me be here tonight. Appreciate being able to pray for the city. Let's pray together, everybody. Father, we bless you tonight and we think that living in this city is amazing because you love us, because you have protected us and given us great provision and I pray, Lord, tonight that the City Council, Lord, would be granted wisdom in all that they have to do. We pray not only for wisdom, but for the provision that they need to accomplish the task before them. Father, I pray for Mayor Robert, just bless you, Lord, for his leadership and the way that he has positioned Meridian for blessing and growth. I pray, Lord, for business leaders and ask, Lord, that you would give them the favor that they need to continue to help the City of Meridian grow and, Father, most of all in these tumultuous times we are praying that what we are doing in Meridian would be a Meridian City Council June 9, 2020 Page 2 of 50 light to other cities and communities, that they would be able to look here and say what's going on there and we would be able to be a voice, Lord, of hope and of peace for other places. Lord, would you bless this city in every way, in the name of your son Jesus whom we love, amen. Simison: Thank you much, Pastor Snyder. Appreciate your time this evening. Snyder: Thank you. Bernt: Pastor David, love you, buddy. Snyder: Love you, too, man. Have a great day. Bernt: Yep. Item 4: Adoption of Agenda Simison: We will move on to Item No. 4, Adoption of the Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: There will be the continuance with Item 6-B. When we get there we will announce that. Other than that, I don't believe we have any changes, so I move that we adopt the agenda as presented. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics – Public Forum Simison: Item No. 5, Future Meeting Topics. Did we have anyone signed up this evening? Weatherly: Mr. Mayor, we did have people signed in, but only for a current land use item that is not open for public hearing. Item 6: Action Items A. Reconsideration Request for Findings of Fact, Conclusions of Law for Delano Subdivision (H-2019-0027) by Boll Cook Meridian City Council June 9, 2020 Page 3 of 50 Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. Simison: Okay. Then we will move on to our Action Items and go to Item 6-A, which is a reconsider request for Findings of Fact, Conclusions of Law for Delano Subdivision, H- 2019-0027, and I will turn this over to Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. You have before you a request for reconsideration. Under our city ordinance these have to be filed within 14 days of a final decision. This was filed timely for that. Basically, Mr. Clark has requested you to reconsider the decision that you have made on the Delano project that was concluded a few weeks ago. The findings have been approved by the City Council. It's within your purview to either grant or deny his request based on the letter that's in front of you. There is no public testimony at this stage of the proceeding s. If the decision is made to deny his request that would be it. We would issue an order based upon that -- based upon that decision and Mr. Clark can take that where ever the law would allow him to go. If the decision is made to reconsider that request , you would, then, set this for a new public hearing at a future date. The applicant would need to pay the cost of noticing this project and you have a new public hearing, basically a reset back to the last public hearing you had on this project based upon the reasons Mr. Clark has raised in his letter as his basis for making this request. So, again, no public testimony. There is written material in your packets, both from Mr. Clark, as well as some of the neighbors in regards to this. The sole real point in here was Mr. Clark had raised that the Council had not specifically raised their -- what their specific objections were during the course of the hearing and, therefore, he did not have the opportunity to address those when the hearing was still open , so that those concerns that were raised were not able to be addressed by the applicant or even by the opponents or the neighbors. So, that's it before you. Again, there is no testimony of Mr. Clark or the neighbors in this case. It really is a decision within your purview. Simison: Thank you, Mr. Nary. Council, any questions for Mr. Nary? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Nary, can you -- I know you can't speak on behalf of the applicant, but I just wanted clarification. It's my understanding that they have a potential solution to the concerns that were presented by -- by Council Members during that hearing. Is -- is that -- is that what their -- their -- their request is involving? I'm not -- I'm not necessarily -- maybe I misunderstood what you were saying that, I'm not necessarily in agreement that Council was unclear about their concerns. I think that Council was very clear. I'm just wanting to understand if the intention having the reconsideration is because they have some solutions that they would like to present or how it would be different from the first hearing. Meridian City Council June 9, 2020 Page 4 of 50 Nary: So, that's a great question, Council Member Perreault. I mean that -- the basis of the request is -- is as I stated that what's stated in Mr. Clark's letter was he wasn't able to address the Council's concerns because those were not clarified prior to closing the public hearing. He, therefore, goes on -- and, really, the rest of the information is not really relevant to the decision point. It is his desire to rehear this and he has raised some of the issues in this letter that they may be able to address, but, really, the decision point for the Council is whether to grant that opportunity for a second -- a new hearing and that's within your purview on whether or not, again, those opportunities to be heard were not presented or you believe they were. They had the opportunity to present those. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: A follow up for Mr. Nary that, apologies, I would like to get clear on is whether today our decision has -- the scope of what we are deciding has to be limited to whether or not they had that opportunity or if it is a broader scope of decision that we do think there is an additional solution that's interesting and, therefore, we want to rehear it and we can grant that opportunity, as opposed to just agreeing with him that the basis of our decision was not correct. Nary: Well, that's -- that's a great question, Council Member Strader, and it's a little bit different question. So, under our code the reconsideration can only consider whether or not the decision needs to be reconsidered and, again, I think the broadest interpretation of that would be that under Mr. Clark's request that there was an adequate opportunity to present all of the information necessary for the Council to make a good decision in this case. If the Council wishes to reconsider their decision entirely, then, under the rules that we have used previously the Council could reconsider their decision. It's a little more complicated from a procedural standpoint , because now we are not talking about our reconsideration ordinance, we are talking about a reconsideration of the decision entirely and so if you would like me to go through what that would take I could do that, if that's the direction you want to consider. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Sorry, Bill, I didn't quite follow that. So -- so, we would not be -- we would be -- we -- we are reconsidering whether to have a public hearing. That's -- that's the scope and if Council, through that public hearing, were to change or return its original vote, then, that is -- that's what you are referring to; right? Nary: No. Not exactly. And I'm sorry it's -- it's a little confusing. Again, we are trying to -- trying to stay within the confines of our ordinance. So , the reconsideration is as I have already stated. What Council Member Strader is asking is can the Council reconsider the decision entirely, not based on the reason that Mr. Clark's raise , but you have simply Meridian City Council June 9, 2020 Page 5 of 50 changed your mind, for lack of a better way to state it. If that's an aven ue you want me to explain how to do that process I can if you would like to. I just don't want to make it more confusing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. You know, I -- I'm -- I'm in favor of reconsideration, just based on the fact we had a very lengthy discussion about North Cent repoint Way and it was a good discussion, there was disagreement, but I think that was central to the fact of when that was going to be developed, but my recollection is that -- that did occur after we closed the public hearing and that did not afford the applicant the opportunity to possibly offer a solution to that to help with the traffic and -- and not create traffic through the -- through the subdivision, through other folks areas of subdivisions and houses. So, you know, to me that -- that was what it was, we just disagreed on that one point and that was a matter of if we had a potential solution that he could have offered, it doesn't mean that it will be, you know, redone in terms of the final decision, but that does give us an opportunity to explore it further to determine is that's a workable solution. So, that's -- that's where I'm coming from. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A question I think maybe for -- for Mr. Nary. In terms of process, should this be something Council wants to entertain, are there any limitations to motions being made from Council Members who voted in the affirmative or the negative on the original motion to deny? Nary: Council Member Cavener, you are reading my mind. So, on the reconsideration request, no. If the Council wants to proceed, anybody can make the motion to either affirm or deny the prior decision, and it can be seconded by anybody. Again, I -- I don't want to go down the path of alternative options until you want to get there , because I don't want to make it confusing. So, for this portion of the decision anyone can make the motion. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: One -- one point that I want to bring up is, obviously, when we first heard this application we voted, we were all in attendance, it was close as we all know. This evening Mr. Borton is not available, he is working, and I would very much like to have everyone in attendance when we vote on this. I know we have 60 days to accomplish this. We have plenty of time. This is not -- this does not need to happen this evening. There is not a Meridian City Council June 9, 2020 Page 6 of 50 time crunch. We have plenty of time to re -- review this. I would just -- my recommendation would be to continue this until we had a full Council , including Mr. Borton. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It's an interesting point that Council Member Bernt raises. Perhaps maybe if Council is at least amenable, maybe we move this to the end of our agenda in case Council Member Borton is able to join us -- Bernt: Good point. Cavener: -- later and, then, maybe perhaps have that conversation about what future steps make the most sense. Bernt: I'm okay with that, Mr. Mayor. Cavener: Councilman Bernt. Bernt: I'm -- I'm okay with that -- that request from Council Member Cavener. I don't -- I haven't reached out to Mr. Borton, so I don't know what his schedule looks like, but I'm definitely open to moving this until later on. No problem. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: With that I guess I would move that we -- I guess, Mr. Nary, help me if I screw this up -- move item -- or continue Item 6-A later this evening following Item 7-C. Nary: Yes. Bernt: Second. Simison: I have a motion and a second to continue Item 6-A to become Item -- is it 7-D in that case under ordinances or is a new number eight or just leave the number as is and just take it up later? Bernt: Mr. Mayor? Simison: Just asking Mr. Nary for -- Nary: Mr. Mayor, as long as it's still -- you are moving it as an action item it's fine to me if it's a new A-8 or an eight becomes a new nine. As long as it's clear it is an action item Meridian City Council June 9, 2020 Page 7 of 50 and since that's what it has been labeled to begin with, it would remain that. So, that's all that really matters from an agenda standpoint. Simison: Okay. So, we would move this to Action Item No. 8 on the agenda. Nary: Yes. And I have reached out to Council Member Borton to see if he might be available, so -- Bernt: I think -- Mr. Mayor, I think everyone has. I think his phone is blowing up as we speak. Simison: Well, I have not, but there we go. So, there is one. So, is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. Okay. We will take that up later in our meeting. MOTION CARRIED: SIX AYES. ONE ABSENT. B. Public Hearing for Cedarbrook Subdivision (H-2020-0012) by Toll Southwest, LLC, Located at 4185 S. Linder Rd. 1. Request: Annexation of a total of 118.58 acres of land with R -2 (9.48 acres), R-4 ( 65.45 acres) and R-8 ( 43.66 acres) zoning districts; and, 2. Request: A Preliminary plat consisting of 330 buildable lots, 38 common lots and 4 other lots on 118.58 acres of land in the proposed R-2, R-4 and R-8 zoning districts. Simison: So, Item No. 6-B is a public hearing for Cedarbrook Subdivision, H-2020-0012. We do have a request by the applicant to continue this until July 7th, 2020. Mr. Nary, do we need to open up the public hearing? Nary: Yes, we do. Simison: Okay. So, I would like to open this public hearing at this time and I guess we don't have to take staff comments, but I would ask for any questions Council has at this point in time in regard to this request for continuance. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Well, the question would be maybe for the -- the city clerk. The applicant's requesting July 7th. Just curious what our agenda looks like for that particular meeting. Meridian City Council June 9, 2020 Page 8 of 50 Johnson: Mr. Mayor? Mr. Mayor, Mr. Cavener, I'm looking right now July 7th Apologize. It will take one second. But you have a limited agenda that evening with two public hearings currently. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Follow up for Chris. Chris, how are we looking the week after? Johnson: Mr. Mayor, Councilman Cavener, I'm going there right now. Perreault: Mr. Mayor? Simison: One second, Council Woman. Johnson: Mr. Mayor, Councilman Cavener, there are also two public hearings that night. Of the two weeks they both look to be about even with the amount of testimony and public involvement you may be expecting, so I believe either night would look good at this point. Simison: Council Woman Perreault. Perreault: Just had a quick question. Wondering if we -- sometimes the applicant will speak when we -- when we do the continuations. Wondering if we have any knowledge of why the 7th was -- is the 7th significant for them or is it just when that was the next available opportunity? Simison: I think I will ask Mr. Parsons if you would like to speak to that. Parson: Certainly, Mr. Mayor. I'm not privy to a specific hearing date requested by the applicant. I think they just wanted to give staff enough time to react to the ACHD 's commission on this application. We anticipate some minor changes to the plat and so I want to give staff adequate time to amend their staff report based on the Commission's agenda. That gives us about two weeks. So, we feel comfortable with that 7th date, but certainly there is no heartburn from staff if it's the 7th or the 16th. We can manage it either way. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just for Council's benefit, the reason why I think why I'm inquiring is I know that we are going to start navigating back into holding Council meetings in Council Chambers in some degree, inviting the public in. I just want to make sure that we are being mindful of how many people we are putting in Council Chambers and just making sure that we are -- we are not making our citizens feel like that they are -- they are, you know, putting Meridian City Council June 9, 2020 Page 9 of 50 anything in jeopardy to come and testify in favor or against. I know, obviously, we will have the opportunity to continue to use the Zoom platform. I just -- something I want us to be mindful of as we are scheduling continuances. Simison: Council, any further questions or do you feel you need to hear from anybody else before you make a motion on this topic? Or if you don't want to make a motion we can have staff go right into this presentation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Hearing that staff has an adequate time to review the information that will be coming from ACHD, I would move that we grant the continuance to July 7 th for Cedarbrook Subdivision, H-2020-0012. Strader: Second. Simison: I have a motion and a second to continue this item to July 7th. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. We will add that to the July 7th. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing Continued from May 26, 2020 for McKay Farm Subdivision (H-2020-0030) by Fairbourne Development, LLC, Located Near the Half-Mile Mark on the West Side of S. Eagle Rd. Between E. Amity Rd. and E. Lake Hazel Rd. 1. Request: Annexation and Zoning of 10.5 acres of land with an R-8 zoning district, and 2. Request: A Preliminary Plat consisting of 42 building lots and 9 common lots. Simison: So, that moves us to Item 6-C, a public hearing continued from May 26th, 2020, for McKay Farm Subdivision, H-2020-0030. I will turn this over to -- I'm sorry, I didn't -- haven't pulled up my cheat sheet for this evening. Is this going to be Mr. Parsons? Are you the one speaking on the item? Or is it Joe? Dodson: Thank you, Mr. Mayor. Can everybody hear me all right? Simison: Ye s. Dodson: Appreciate that. All right. So, as Mr. Mayor, states -- stated, Council heard this item a couple of weeks ago and so I don't want to rehash everything, but I will go into the Meridian City Council June 9, 2020 Page 10 of 50 main points. Just to reiterate, this is a request for annexation and zoning of ten and a half acres with an R-8 zoning district preliminary plat that consisted of 42 building lots and nine common and they are proposing one building phase. Of the nine common lots four of them are common driveways. One of the main points discussed in the previous hearing was a proposed amenity and what that might look like . The applicant and I have discussed this proposed amenity and Mr. Johnson, the applicant, provided staff with this rendition and it is a larger picnic shelter, roughly 16 by 32, 34, which is larger than what I think you should get on a picnic shelter, which is good. If Council does approve of this conceptual design and size, staff recommends that Council add an additional condition requiring that the applicant build something significantly similar to this submitted elevation that is not written specifically in the staff report. In addition, one of the major concerns in the previous Council meeting was the need for a parking plan. The applicant has provided staff with that parking plan as shown here that shows all of their required parking dictated in yellow and the garage parking orange on the driveway and the available street parking in coral color. All of the on-street parking is in addition to the required -- to make a specific notice that. I understand the concern with the common driveways. My belief is that the available on-street parking around the center area should provide some adequate extra parking. In addition, if you notice the common drives do tend to stop right at the property line, so the guests of the lots in the very end of the common drives -- so, their driveways are larger than typical driveways. Bernt: Mr. Mayor? Mr. Mayor, I don't mean to interrupt, Joe. But two points. It's really hard to hear Joe and -- but most importantly Dean is not able to hear Joe at the moment and so is there a way in which we can have Joe do something with his audio to make it so that he's more -- so we can hear him better. Simison: Joe -- Dodson: I apologize. Simison: Whatever you -- if you can speak closer to the mic or louder. Dodson: Sure. Absolutely. I don't want to yell. I don't want to put the coach voice in. Bernt: It's okay to put the coach voice on, buddy. Dodson: All right. How much of that did you miss, Council Member Bernt? Bernt: Well, I heard it. There is some others that didn't. So, we just need to confirm that Dean if Dean can -- if Dean can hear this okay, Dean, can you raise your hand. Boom. Dodson: Awesome. Okay. Thank you. So, to reiterate, this is the proposed parking plan. The yellow is the garage parking. Orange is the driveway and the on-street parking is dictated in that coral color. Also I wanted to note that the lots located at the end of the common drives do tend to have larger driveways that could be used for additional parking. The applicant did not show that specifically as additional parking , but that would be Meridian City Council June 9, 2020 Page 11 of 50 available there. Again, the street sections are proposes as 33 feet wide, which do allow on-street parking on both sides of the street and also again parking plans are not a requirement in the code, but, obviously, greatly appreciated by Council and so that's why the applicant did want to provide this and appreciate the opportunity to provide that . Another issue that did come up is the access to this and, again, in order to develop more than 30 homes the applicant did propose that emergency access to Eagle , but the only available access is going to be through the adjacent Sky Mesa Subdivision to the west. I believe those were the main points of discussion . If I -- if there are any questions from Council I'm happy to answer them. Simison: Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, I would imagine that on that emergency access off of Eagle Road that they will have signs, but is it possible that the -- that cars may try to access that to get to their property more quickly? Dodson: Council Woman Perreault, Council, I surely hope not, but it will be bollards. There will -- there will be bollards up there, as is normal with the common drives. Mr. Bongiorno -- sorry -- sorry, Joe. I forgot your name there for a second. He has approved of this emergency exodus and as a standard requirement there will be those removable bollards there. Perreault: Thank you. Dodson: You're welcome. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Joe, you may have touched on this, but I -- I missed it. I recall when this was last before us I had brought up some concerns about the -- the sidewalks around Eagle Road and connectivity. Can you address that or did the applicant provid e any updates around that? Dodson: Councilman Cavener, yes, that is something that came up from the Council. It has not been specifically addressed since then between the applicant and I, but as I did state a couple of weeks ago, the landscape buffer is adequate for the sidewalk to be built within that and not necessarily at the edge of right of way on Eagle. Again, I -- I did not place that specific condition in the staff report, so if that's something that Council would like, I do recommend adding it as a condition, that it be built, you know, before certificate of occupancy or however you would like to word that and -- Meridian City Council June 9, 2020 Page 12 of 50 Cavener: Okay. Dodson: -- and it be built within the landscape buffer. Cavener: Great. Thanks, Joe. Dodson: You're welcome. Simison: Any other questions at this time from Council for staff? Okay. Well, then, I will recognize the applicant Mr. Johnson. I got to get out my handy dandy timer to recognize you for ten minutes, if you are so inclined, but I will turn this over to you. If you could state your name and address for the record. Or 15 minutes. Sorry. Fifteen minutes. S.Johnson: All right. Thank you, Mayor, and -- my name is Sam Johnson. Address is 2701 East Pine in Meridian, Idaho. 83642. And I certainly do not plan to take 15 minutes, but I appreciate you having me back here tonight and Joe's done a great job of presenting the -- the two exhibits that we have provided to hopefully address your concerns that we had a couple of weeks ago here with the parking plan and the on-street parking shown in that coral color. There is -- there is quite a bit of parking available on this site. I know that common driveway parking or lots that -- that have access on a -- on a common drive, which there will not be any parking allowed on the common drive, but where do those visitors park? You know, there are three common driveways that are very close to that central park and with the allowed parking all the way around it on street that I believe is -- is quite adequate for -- for any visitors coming to those homes. And, then, the other lot -- the other common driveway in that bottom left corner, there is a common lot on the side of the -- it's Lot 45 just the -- you know, down the street -- across the street and down a little bit there is quite a bit of on-street parking that will not be interfering with any driveways or any other access. So, I feel like there is a lot of parking availability here. So, hopefully, this addresses your concerns. And, then, Joe, if you could go back to the -- the shade structure exhibit, that -- that drawing or that rendering is what we have had planned to do on this site. This is the old homestead of the McKay family that owned this property for a long time and farmed the property for a long time and this is the -- the -- their old dairy site and home and so we want to do a little bit of a farm feel to this shade structure and make it fairly sizable to , you know, allow, you know, 25 people or so. So, this is very close to what we want to do. We may have to do some kind of enclosures to help with bird nesting and such, but this is the basic idea. So, if this is agreeable, happy to make this part of the conditions that we -- that we substantially conform or -- or build something to this standard. Other than that, I guess I will stand for questions. Simison: Thank you, Sam. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council June 9, 2020 Page 13 of 50 Hoaglun: Yeah. Mr. Johnson, we went through this before and I just want to reconfirm, because I recall your answer on the landscaping that would be along Eagle Road up against the back fence there to the -- to the houses. You were amenable to having that done sooner as opposed to later. I just couldn't remember was that phase one or what part of the construction process would that go in? S.Johnson: Mr. Mayor, Commissioner Hoaglun -- or Councilman Hoaglun, we -- we will want to -- it's all done in one phase. The -- the entire project is -- is one phase and we want to landscape that berm -- that buffer along Eagle with our initial construction and with, you know, part of our condition to -- to do so and build that out. Since the -- since the -- we still have to work out detail with ACHD as far as the timing of their widening, it's planned to be in 2023, but we certainly want to landscape as much as possible of that -- that buffer along Eagle Road. Hoaglun: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Johnson, I, unfortunately, did not get a chance to watch the Planning and Zoning meeting video, but I wanted to follow up on one of their concerns regarding the residents of this community potentially using the Sky Mesa amenities and just curious -- I live in a neighborhood where we had that same challenge and our HOA had spent a lot of money -- costs that have been incurred to us because of the neighboring community that's tied together through the street and there is a misunderstanding by those residents that they belong to the same association, because the streets are all connected. So, just curious if you have had a chance to chat with the Sky Mesa representatives or maybe if there might be some signs that are put up. What are your thoughts on that? S.Johnson: Yes, Mr. Mayor and Council Woman Perreault, we had several -- I had reached out several times to the developers of Sky Mesa. We were not able to come to an agreement trying to -- my proposal to them was to be part of their HOA and to help -- and, then, I would pay for some of the infrastructure of those amenities my pro rata share and -- and become part of the neighborhood, since they are wrapping around three sides of this -- of this property. But we were not able to come to any kind of -- really any kind of discussion or agreement. And, yeah, I understand the concern. I know that their -- their community pools are planned to be either badge accessed or a code from those -- the actual neighbors that pay for those amenities, but we couldn't come to an agreement, so we certainly can put up some kind of signage that -- and notify the homeowners when they are buying the property -- or buying a house in this project that they do not have access. You know, I -- I -- I live backing up to another subdivision's park. I enjoy it. I use it and -- and I pay for my park, but I don't pay for that park, but I use it. So, it's hard to police that. But it's certainly something that we can put an effort toward. Perreault: Thank you. Meridian City Council June 9, 2020 Page 14 of 50 Simison: Council, any other questions? Hoaglun: Mr. Mayor, I did have one other. I just wanted to confirm, if I might -- Simison: Councilman Hoaglun. Hoaglun: -- with the applicant that I believe he also had agreed that the lots -- was it 32, 40 and 50 were going to be single story in the development; is that correct? S.Johnson: Councilman Hoaglun, yes, that is correct. Lots 32, 40 and 50 of Block 1, single story only. Hoaglun: Thank you, Mr. Johnson. Thank you, Mr. Mayor. Simison: Council, any further questions? Okay. Thank you, Mr. Johnson. This is a public hearing. Did we have anyone sign up to testify on this item? Weatherly: Mr. Mayor, we did not. Simison: Okay. Well, we do have quite a few people on today's call. So , if this is an item that you would like to testify on, if you can raise your hand and we can bring you in to testify on this item or if you are on the phone -- I do see we have at least one person on the phone. You can press star nine to indicate your desire or wish to testify. My cursory walkthrough does not show anybody who has raised their hand . If the clerk can confirm that. Weatherly: Mr. Mayor, from my perspective that is correct. Simison: Okay. Well, then, Mr. Johnson it is yours to close. If you were -- would like to. Otherwise, I will just turn this over to Council. S.Johnson: Thank you for your time. I will turn it over to you. Simison: Okay. Thank you. So, Council, any questions or further action as it relates to closing the public hearing? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just wanted to thank the -- the applicant for more details. It helped out quite a bit. I still have a concern about the common driveways in this subdivision. I noticed that that wasn't changed at all. So, I don't know if the applicant wants to respond to that or if -- but I just wanted to make that clear before we closed the public hearing and -- and went from there. Meridian City Council June 9, 2020 Page 15 of 50 S.Johnson: Mr. Mayor, Councilman Bernt, yes, appreciate the -- that reminder. The common driveways we haven't proposed to change the number of lots that those -- those give access to. We believe that three is -- is a workable and doable number on those -- on each one of those. There are quite a few and, yes, these lots are -- are -- are packed in there, but we didn't feel the need to increase -- or sorry. To decrease the number of lots on those common driveways, so we left the plat as is and -- and the -- the -- the request from last hearing a couple of weeks ago to remove the -- that condition that P&Z put on still stands. We would like to have that -- that's condition removed if the Council so sees it, that's -- that they agree with that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sam, before we close the public hearing I just -- again, we talked about this the last time you were here and I asked staff for some insight. I don't know if you had any comments or suggestions or recommendations on the -- the sidewalk challenges that will face this property. S.Johnson: Mr. Mayor and Council Member Cavener, the -- the -- I have learned and see that the development to the north -- or part of Sky Mesa that is just to the north along Eagle Road, they have submitted for their final plat for that section. So, they are ahead of me with any kind of improvements that they will put along Eagle Road and -- and that also includes the Taconic and Eagle intersection. So, their sidewalk will most definitely be in prior to mine. That will connect my property to Taconic and then -- so, when we come in we will have our improvements to make and connect to that sidewalk and , then, that will give our residents access to that intersection , so they can cross Eagle Road. Cavener: Mr. Mayor, follow up if I may. Simison: Councilman Cavener. Cavener: Sam, again, my memory may not be correct, but if I recall when you were before us last time your request was to delay those sidewalk improvements until there were some roadway improvements that were -- that were planned around Eagle Road. If I'm hearing you correct, you are not anticipating any delays with sidewalks because of the -- the project that's occurring north of you, is that -- am I hearing you correct? S.Johnson: Council Member Cavener, there is -- in the ACHD staff report they are recommending that the sidewalk and the wait -- the -- the widening of Eagle Road in front of our property wait until they do their widening of Eagle Road in 2023. Excuse me. And they have -- as part of that would be the sidewalk, but I'm wanting to have that sidewalk in when I build the rest of my subdivision and do the landscaping on that -- on that buffer. So, I'm hoping that I can have that -- I don't see why ACHD would not want me to put in a sidewalk -- put it in the appropriate place that meets their future needs and -- and I can Meridian City Council June 9, 2020 Page 16 of 50 landscape up to that. So, if -- if -- I am agreeable to having that sidewalk installation be part of the condition for occupancy. Simison: Just one item on that and I don't know exactly how this works, because we often will be asked by ACHD -- because we do prefer detached sidewalks, that they will ask us to fund the difference between the sidewalk and the road. So, I understand what you are trying to do, Mr. Johnson, in terms of putting it in, but want to make sure that you will also be responsible in this project to finishing the landscaping that would occur between the sidewalk and the curb-gutter when the rest of that road is put in. S.Johnson: Mr. Mayor, yes, absolutely. Hoaglun: Mr. Mayor, question for Mr. Nary. In this instance where the -- the applicant desires to put in a sidewalk prior to the widening of the road , you know, they look at the setbacks and do all that, but yet ACHD may say, no, please don't do that, yet we want it as soon as possible, who prevails in that situation? Nary: Well, that's a great question, Council Member Hoaglun. I think -- and Bill Parsons is still on the call. We had a brief discussion about how we could position this either -- I think in the DA and I don't know if that was an acceptable resolution , Mr. Johnson, of where to build this and basically putting it in a separate lot. Again, if it's out of the right of way it really is the city's call. If it's anywhere near the right of way or incorporated within the right of way it's, obviously, ACHD's call. So, I think -- I think the desire has always been make sure it's completely out of the right of way, so it can get built at the city's timing or the developer's timing, rather than ACHD. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Yes, I agree with Mr. Nary that as long as that pathway is constructed within the landscape buffer, which is already outside of the ACHD right of way, then, there will be no issue with the ACHD widening. Unless they completely change their street widths between now and 2023 to make it wider. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I keep coming back to the tot lot. You know, I know it's something that came up -- it's a great legacy that Council Woman Milam left us. You know, I -- I don't love the common driveways. I -- I understand what, you know, Councilman Hoaglun's point was the last time about, look, if we need to look at our common driveway standards maybe we just need to look at them. I appreciate the parking plan. I feel like that helps me get over the hump. I'm anticipating some friction with the Sky Mesa Subdivision over their amenities and I'm just wondering if -- you know, if where we ended up with was the Meridian City Council June 9, 2020 Page 17 of 50 limitation on the single story homes, adding an additional amenity of a decent tot lot, and, then, you know, having the applicant obligated to finish that sidewalk along Eagle Road and all the other additional improvements if -- you know, that would kind of get us all over the hump. So, I was curious what the applicant's opinion was about adding that tot lot with the idea being, you know, maybe that helps avoid people going elsewhere to other subdivisions to use their amenities. S.Johnson: Mr. Mayor and Council Woman Strader, I'm -- I guess I'm -- I'm -- I'm -- I understand the concern and I -- there is -- I think no matter what we put in this -- because of the amenities elsewhere, whether it's Sky Mesa or Century Farm or even -- you know, clear across the valley, if some -- if the amenities of a community are -- are so appealing that they are going to draw people there, you know, it's -- it's impossible to stop them and -- and, you know, I know that there is going to be controlled access to the pools for Sky Mesa. Pathways, walkways, all of that is supposed to be connectivity and amenities to the community at large, so I'm -- I'm -- I believe and we believe that having a -- an additional amenity with -- you know, what's -- if you say substantial -- a tot lot apparatus of some sort, you know, who is to say what's that line -- what is substantial, what's not. Again, I go back to if this -- if a tot lot is -- is required -- you know, an additional requirement, then, we will -- we will deal with that. We don't agree with it or we would have proposed that. You know, this is not a -- a huge neighborhood and we believe that the open space and this shade picnic structure is -- is something that's going to be used and appreciated by all in the community. So, you know, that's -- that's why we have proposed what we have. So, if -- if the Council feels like there is -- another amenity is required, then, maybe condition that it's another amenity and maybe -- and give us the opportunity to pick which amenity that might be. But, again, we have met the code and -- and we have -- we have talked about that previously and we believe what we have provided is -- is a -- is fairly substantial for this size of community. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: Your point -- I get your point. I -- you know, I think what I'm trying to drive at -- I will be curious what my fellow Council's opinion is on that. I understand what the code requires, but, you know, I'm trying to create a better balance I think is what I was getting at. A better balance in terms of, you know, your neighborhood offering quite a bit for those residents there and for their kids to play there. So, that maybe the Sky Mesa kids come over there and maybe, you know, the kids over here kind of go down the pathway and maybe somebody like lets them in the pool every now and then and maybe there is a better balance that -- that might just provide for a better outcome. But, you know, I will defer to everybody else and we will have that discussion. Thanks. Perreault: Mr. Mayor? Simison: For the record real quick that Councilman Borton has joined us as of 6:51. Council Woman Perreault. Meridian City Council June 9, 2020 Page 18 of 50 Perreault: Yeah. I'm struggling with this extra amenity conver -- you know, discussion as well. Well, not the discussion, but the potential requirement, and I think, you know, the -- the poor pedestrian connectivity here is really why I'm in favor of that second amenity, because if -- if we know for sure that that sidewalk is going to go in when this project is constructed and not three years later, those -- those residents will have access to Hillsdale Park. That's the official name of that park. They will have it -- they will have walking access to Hillsdale Park and then -- and, then, they would -- you know, had that area been a little bit further down the road they would have a walking access to Discovery Park at some point and Discovery Park is a little farther out. I know that there is a -- we had a hearing for development just south of this one , which I think got approved if I remember correctly and so there should be some sidewalks that are being connected to the intersection at Eagle and Lake Hazel and so with good pedestrian connectivity there is access to two nice sized parks where a tot lot may not be required , but that -- that connectivity doesn't exist yet, so just keeping that in mind, that's where I'm -- I'm having a hard time kind of going back and forth on this. Simison: Well, Council, I'm not the developer or ACHD, but I think your timing between the road being constructed and these homes being built and occupied is not going to be that far off based upon the work that still has to be done in this project and when ACHD typically builds their projects within their calendar year. You know, I'm -- the south Meridian has huge connectivity problems, but the situation where I look at Locust Grove and I see connectivity problems galore with no solution coming, but in this case I see a solution that will be there within a year or less of homes being occupied, which is -- as far as I'm concerned, quite frankly, a blessing compared to what others are waiting for for connectivity issues, not -- and I don't hear the developer trying to skirt the need to put in a sidewalk. The question was going to be even if he puts in his sidewalk where is it going to go and for how long and the one thing we know is by 2023 it should go someplace. S.Johnson. Mr. Mayor? Simison: Mr. Johnson. S.Johnson: To speak a little to the timing of -- of our projects, we have our connectivity and our sewer and water will come through the Sky Mesa project and through our one access point, which, again, are -- that access point -- originally when we sat down with the city and the ACHD staff we had a connection to Eagle Road, but that was one of the first points of discussion just to -- to say we don't want that -- or staff didn't want that. So, I guess don't penalize me for not having another connection. The timing of this -- you know, at least Boise Hunter Homes, who is developing Sky Mesa, says that they will be connecting to my property on that road the very last phase that they plan to build. So, that means that everything to the north up to -- near Taconic, which is actually underway with their final plat number four, they have approval for Sky Mesa Highlands to the south and so there will be substantial homes -- a lot more development around me. I'm going to be the last person in line, I guess, so there will -- if that's -- if that holds true sidewalk along Eagle Road to the south, to the north, all of that will be in prior to me getting Meridian City Council June 9, 2020 Page 19 of 50 occupancy and approvals. So, that's right now from my -- my knowledge is what the -- the timing of my project is. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: That being said, Mr. Johnson, are you thinking that -- that the homes will be ready to be occupied sometime in 2022? S.Johnson: That's my hope. Council Woman Perreault, the -- the -- you know, they do have a lot of homes and lots to build out, but if the market continues to go the way it is I would think that 2022 would be the first people moving into finished homes. Dodson: Mr. Mayor? Simison: Mr. Dodson. Dodson: Yes. I'm just wanting to reiterate on this sidewalk issue, since it's coming back around, code does dictate along arterials and collector roadways that there is five foot -- at least five foot detached sidewalks. So, that is something that is requiring code to be within that landscape buffer. Now, for this subdivision and including that one to the north, that is recently come in for final plat, as Mr. Johnson stated. So, that pedestrian connection to the multi-use pathway along Taconic and, then, out to Hillsdale is going to be there. When is kind of just determined when this subdivision actually does get built. But, again, as long as it's in that landscape buffer should not have any bearing. ACHD shouldn't have any bearing on that sidewalk and pedestrian connection. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It feels like we have gone around and know where we stand and unless any other Council Member has a question or objection or something , I would move that we close the hearing on this item. Bernt: Second. Simison: I have a motion and a second to close the public hearing on H-2020-0030. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Bernt: Mr. Mayor? Meridian City Council June 9, 2020 Page 20 of 50 Simison: Councilman Bernt. Bernt: I appreciate Sam and his team for, you know, providing the details necessary for us to make a more educated decision this evening. I'm not in love with this project. I wish there could have been something different in regard to common driveways. Not a huge fan of them. I get this is only ten acres and I understand that, you know, there is just so much he could have possibly have done to change it up. However, I do like what he has done with the sidewalks and I'm grateful for him and his team for agreeing to -- for that connection. I think this would be really important. In regard to the tot lot, I'm not going to hang my hat on that. I -- I'm sitting in -- currently in an open space amenity committee right now. We are discussing these very same things and -- and I'm learning more and more about amenities and -- and finding out that one of the least used amenity in our communities are tot lots and so they sound great and they look great, but they are underutilized and since there is a -- there is a park right across the street that -- that -- where folks from the subdivision can -- can go and congregate and recreate and have a good time, I think that I'm okay with that. My personal belief , if I were moving into a sub -- I would appreciate more open space and appreciate the -- the -- what -- the layout of the open space and the common areas, excuse me, that he's provided. So, not super in love with it. I don't think it's a terrible project. I don't think it's a spectacular project either. So, I'm generally in favor of this one going forward. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Well, I appreciate Councilman Bernt's comments. I -- I think the park information is very helpful. I -- I had forgotten about that. You know, it sounds like the timing of that connection or the ability to access that isn't too bad. I think I can live without it. You know, I'm kind of tempted to just support the Planning and Zoning Commission in terms of almost their exact recommendations, but I look -- I don't love it. I feel like it's -- it's generally going to fit for this small of an area. Appreciate the sidewalk, but I feel like they need to do that anyway. Appreciate the limitation to single story. I don't know. I -- I personally am inclined to just ask for them to add an additional amenity without specifying necessarily what it is, but I'm not going to fall on my sword over denying the project on that on this one. So, I think I'm in a similar place. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Yeah. I agree with much of what Councilman Bernt and Council Woman Strader had said and the only thing I want to add is just that we always -- we always encourage our -- the owners and the developers to get together and see if they can make the developments more cohesive and to flow better with -- with, you know, vehicles and pedestrian access and amenities and it's unfortunate that this wasn't i ncorporated into the bigger association. I think that would have made a great scenario for all involved and I Meridian City Council June 9, 2020 Page 21 of 50 don't know what the history is. Perhaps there was a conversation about Sky Mesa, you know, purchasing this -- or Boise Hunter purchasing this property. I don't know. I -- I think it's -- it is challenging that it's this piece that -- that is surrounded by this -- this other large development, but that being said, that's not what we are here to decide, so I agree that there are things that I like and things I don't and I think I'm generally in favor -- not in love, but in favor enough to -- to vote for the application. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think I share a lot of the same sentiments of my colleagues, although I'm leaning towards the other way. I keep looking at this project trying to convince myself that it's good enough. I just can't quite get there. You know, I'm a firm believer that we give applicants a -- you know, every fair shake to level up and bring a development that meets the values of our community and this just does not check the box for me. It goes back to again -- I think I mentioned this two weeks ago. I have got, you know, a mini Council Member Milam sitting on my shoulder saying minimum, minimum, minimum and -- and the only things I'm really seeing that's changed from what we heard two weeks ago is that it's a -- it's a really nice picnic shelter. I'm really looking forward to learning more from our open space committee, but I would argue the only thing I think gets used less than a tot lot is like a picnic shelter. So, to me there is just still so many unknowns here that -- and, then, you add on top of that, you know, when we -- when we first heard this it was before a levy election for the school district and while the levy has no impact on future schools, to me it's a good sign about where district patrons feel about investing in our kids and with the levy being very very unsuccessful, I have significant concerns about the district's ability to find public support for bonds for future schools and we talk every week about the challenges in the south side related to Hillsdale and so with this being so close to me that kind of tips me going in the opposite direction, so I'm not supportive. I think that we could have seen something better. I think we have seen way better projects in Meridian and you all know that I'm a cheerleader for the south side . I think the south side is special and I just think that we could have had a much better take in a project like this for south Meridian. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess I would be curious. It is somewhat of an -- it's becoming an in-fill project and I guess I would be curious if Councilman Cavener had -- had a vision that most of us agree on of what -- what a better product would look like that would be enough that the applicant could move forward with it if we -- if we sort of agreed on what that looked like. In other words, is it an additional amenity? Is it additional open space? Is it restricting the common driveways? I guess I'm coming back a little bit to the -- the Planning and Zoning Commission recommendations, which if we followed them it would be very restrictive on the applicant, but they would be getting an approval and there would be Meridian City Council June 9, 2020 Page 22 of 50 significant changes required that -- that would kind of require them to up their game. I guess I'm just wondering, you know, where -- what his opinion would be about falling back to something more similar to the Planning and Zoning Commission, if that would get him there. Cavener: Mr. Mayor, if I can respond. Simison: Councilman Cavener. Cavener: Great question, Council Member. I appreciate you asking. Yeah. I think that he -- I think you and I are kind of landing on the same place , so if -- if a motion is fairly restrictive, similar to where the Planning and Zoning Commission is, those alley load over there, it just doesn't make a lot of sense to me. You know, I would like to see what -- again, a more usable amenity. I always try and refrain from , you know, kind of putting my fingers on types of projects. I try and be really transparent about what I think ki nd of represents the values and the needs of the community. We rely on our subject matter experts in the development community to kind of -- to bring that. You know, maybe I -- maybe I have just been conditioned by Council Member Milam to talk about , you know, a tot lot or a playground, something along those things, but I don't care what corner of Meridian you go to, we are a community for young families and young families will want to take advantage of that. I think we discussed when -- when this was last before us about if this was an age restricted product and if I recall -- I mean this isn't even really a planned community. I think the -- the business plan is to turn around and sell the lots to a handful of different builders to kind of build everything under the sun. So, to me it gets back to what's going to make this neighborhood build a sense of community in Meridian and -- and I think if we lost some lots, if we increased our open space, if we added a more usable amenity and, then, moved that alley load or common drives, those are the things that I would be more comfortable with to be supportive. Hoaglun: Mr. Mayor? Bernt: Mr. Mayor? Simison: Councilman Hoaglun hasn't yet spoken. Hoaglun: Well, Mr. Mayor, Council Woman Perreault and, then, Council Woman Strader mentioned the similar things about this really being an in-fill. You know, the last one in in a development, it has to -- to fit from a financial standpoint, from the area that you have to work with. I agree that -- I wish it had been part of the whole collective development when -- when that was done, that I think it would have been different, but how you can make it fit now -- and there is a lot more restrictions on it. You know, we are not that far off from what the Commission changed to the staff recommendation. I mean he's agreed to limit those particular lots to a single story. Instead of a tot lot it's a picnic shelter and I like the looks of it. It's a nice picnic shelter. You know, city code allows up to six lots that could be served by a common drive and in the last meeting Councilman Bernt had talked about, you know, from a percentage basis how -- who many that is and I think he's onto Meridian City Council June 9, 2020 Page 23 of 50 something that we need to look at those things and kind of mayb e figure out a way that it's less impactful, because, yeah, having just three with four, that's 12 of 42, you know, that -- that has a much higher percentage than if you had six in a , you know, 400 home subdivision. So, per four. So -- you know. But that's something we have to look down the road. We can -- I don't -- and to me the -- these -- these fit. They are -- they are tight, but they fit for this project and maximize the space, but provide open space. So, with what the -- with -- with the developer willing to put in the landscaping and sidewalks as soon as practicable and we could say, you know, before a building permit's issued putting in a picnic shelter, changing the lots to two from three, I'm fine with three and we can take a look at city code and maybe do some things in the future. I mean it's -- it's -- it's -- you know, like Councilman Bernt said, it's -- I'm not in love with this, it's -- it's okay, you know, and it serves the need and we move on and we see things here from this an d other things that we see that need to be tweaked in our -- in our code to make it more amenable for -- whether it's amenities or styles or different things like that and, you know, I'm open to looking at that, but for -- for this particular project I think they did the best they could with what they had to work with in this particular situation. Simison: And, Council, just from my perspective, you know, I look at my own home and, you know, we have got a tot lot, swing set in our backyard. Many of my neighbors do as well. We have got a city park two blocks away that we can all -- or three blocks away that we can all walk to, which has plenty of amenities as well and I have a small rectangular large backyard kind of across the street from me where all the families send their kids to go play, because it's the closest thing to their home and has some open space for people to do things and I -- when I look at -- I know this was brought up by the -- I believe the applicant last time, but I do view the open space in front of roughly two-thirds of the homes in this subdivision out their front door, where if you have kids and you want to see them all go play together, I think that that in and of itself is a great amenity to have in an area that I think the open play aspect is sometimes lost when it's over programmed and over encumbered by other things. I don't think that most people are going to leave the subdivision and go over to Hillsdale Park. I don't -- not without getting in their car and driving over there. It's -- it's -- it's a hike, you know. So, I think it's really a question of whether or not you believe in what this offers to the people that may choose to move into a more compacted area and I think that -- that it has a nice benefit to being surrounded or overlooking a majority just in a large open space. It has a certain feel that I don't think we have a lot of that in our community, to be honest with you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, a couple of things that have been mentioned that struck me. I'm sitting here thinking about if I lived in a community like this would I use the picnic shelter and very unlikely. I mean unless I was having like a family re union or something, which I probably would rent -- rent a shelter from the Parks Department, I don't know that I would ever just take a picnic that I could have in my backyard on my patio down the street or, you know, to a picnic shelter and wondering abou t the -- really -- really the usability of it Meridian City Council June 9, 2020 Page 24 of 50 and I think Councilman Cavener is right that it might be -- it's probably less used than a tot lot on the list of amenities. So, that being said, I'm always very conscious of not wanting to continue applicants several times, because I know they have deadlines and timelines, but I'm curious based on what Councilman -- Council Woman Strader has mentioned about maybe just -- you know, do we need to ask the applicant to just look and -- just to review the amenities altogether. The picnic shelter -- I know they have already had work done to have those renderings done , which were beautiful and very helpful. The visuals are very helpful. But do we or should we consider asking the applicant to reassess whether they need two amenities and what they should be, because I know I -- it's very unlikely I would go sit at a picnic shelter down the road from my house if I have a patio in my backyard. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: My opinion -- I think we have continued this once to address some of that specifically. I think what we have received from the applicant was their response. To your point I don't like continuing for continuing sake or to -- I think we gave a fair shot for them to bring back something. I think asking them to come back yet again -- we would just go through another two hours of conversation that -- and likely into the same result one way or another. So, my decision won't be based solely on adding an additional amenity or not. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve item -- let's do this. McKay Farms, Item No. H-2020-0030, as presented with -- with an addition of allowing the developer to add a usable amenity that will help with the project. Hoaglun: Mr. Mayor, I will second the motion for discussion. Simison: I have a motion and a second and I'm expecting discussion. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would support that motion. I'm assuming that it will also just include the limitation to single story homes on Lots 32, 40 and 50 and, then, it would also reference the completion of the sidewalk and the landscaping buffer as stated previously. Bernt: Yes, ma'am. Meridian City Council June 9, 2020 Page 25 of 50 Hoaglun: Second agrees. Simison: Is there further discussion on the motion? If not, then, I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion is agreed to. MOTION CARRIED: ALL AYES. D. Public Hearing for Victory Commons (H-2019-0150) by BVA Development, LLC, Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. 1. Request: Preliminary Plat consisting of 12 building lots on 16.74 acres of land in the C-G zoning district. Simison: Thank you very much for your -- for the applicant's and staff's work on that item. With that we will move on to Item 6-D, a public hearing for Victory Commons, H-2019- 0150, and I will turn this over for staff comments. Or open the public hearing for staff comments. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Perhaps maybe while staff is getting their -- their microphone situation resolved, I just -- before we maybe jump into the public hearing, I just wanted to put on the record I live in the neighborhood that's adjacent to this proposed project. I don't live within 300 feet of the project and I haven't attended any Planning and Zoning Commission or neighborhood meetings around this project, but just wanted to note for the record it is adjacent to me, but I haven't participated in any of the other processes. Simison: Thank you, Mr. Cavener. Parsons: All right. Mr. Mayor, can you hear me? Simison: Yes. Simison: Perfect. Pleasure to be with you here tonight. So, the next project on the agenda this evening is the Victory Commons preliminary plat. The subject property consists of 16.74 acres of land. It's currently zoned C -G within the city limits and the properties have two addresses, one being 3030 South Meridian Road and the other is 130 East Victory Road. But the project is located on the northeast corner of Meridian and Meridian City Council June 9, 2020 Page 26 of 50 Victory Roads. Some history on this particular property. It was annexed and platted in 2003 and, then, just recently, approximately six months ago, this body did approve a development agreement modification to basically terminate the previous DAs and have the applicant enter into a new DA that had a new concept plan. As part of that approval and because of that approval there is actually three certificate zoning compliance applications that we have already approved for this site and one of those structures are currently under construction as we speak tonight. The Comprehensive Plan for this particular property is commercial and the current zoning of C-G is consistent with that designation. Sensitive arrows. The -- the preliminary plat that's before you this evening -- so, to get you oriented the left hand of the screen is north and , then, the right, of course, is south, which is Victory Road and Meridian Road would be on the southern edge of this exhibit as well. So, the plat consists of 12 buildable lots, again, on 16.74 acres of land and the applicant is proposing to develop this in two phases. So , the first phase is the area that is not outlined in red and, then, of course -- so, the first phase would be the northern half, the second phase the southern half , which is outlined in -- in red for you this evening. The site is currently developed with a commercial nursery and a multi-tenant building. As I stated earlier, there is an existing urgent care facility that's currently under construction along the north boundary of the site. Other uses approved for the site include a retail paint store and a multi-tenant flex building that you can see here on the northern half of the exhibit, which, again, is consistent with the DA modification that this body did approve approximately six months ago. On this exhibit before you I have a couple arrows . They depict the access point that is approved for this particular development. The first access, which is the purple arrow on the south end of the exhibit, shows the right-in, right- out only access to Meridian Road. This was a topic of discussion as part of that DA modification in which both ITD and City Council approved that access point. As part of that approval ITD did require the applicant to set aside some additional right of way, put in a decel lane for future widening of Meridian Road as well and, then, there is an access point to Victory Road, which is a full access at this point. In looking at the ACHD staff report they have concluded that the project meets all the current thresholds of the proposed development and they have not required any additional improvement s to Victory Road. I would also mentioned to Council that all of the lots within the subdivision are subject to a cross-access agreement as required in the recorded development agreement. The applicant was required to submit a landscape plan for the prop osed development. Per city code Meridian Road is an entryway corridor, which requires a minimum 30 foot wide -- 35 foot wide landscape buffer and, then, Victory Road is designated an arterial road and that requires a minimum of a 25 foot wide landscape buffer. Again as part of that DA modification the applicant was required to put in all of the buffer requirements along Victory Road and Meridian Road with the first phase of development. I would also mention to the Council that you can see here along the northern boundary -- or I guess the northeastern boundary the applicant is required to do a 25 foot wide landscape buffer when you have commercial uses to a residential use. The plans that are submitted this evening do depict that buffer and the applicant will work with the irrigation district and the city to make sure that the landscaping as shown can go in as proposed by the applicant. As part of the DA modification the applicant did provide conceptual building elevations for the proposed development. The three structures that are currently under development on the site were found to be -- comply with those Meridian City Council June 9, 2020 Page 27 of 50 requirements and did meet the standards of the architectural standards manual. All futures -- all future structures in this development are required to comply with the elevations in the amended DA, the design standards in the UDC 3-A-19 and those in the ASM or the Architectural Standards Manual. The Planning and Zoning Commission did recommend approval at the May 7th hearing. Testifying in favor was Geoffrey Wardle. There was no one testifying in opposition, commenting, or submitting written testimony on this application and there was no testimony discussed during the public hearing as far as public testimony I should say. Key issues of discussion by the Commission included the height of the proposed structures. If the Council remembers, there is a restriction in the DA that restricts the heights of the buildings on this site to 35 feet and that was also a discussion as part of the DA mod. There was some discussion of a pedestrian connection from the adjacent residential subdivision. Again, that was a DA provision that was -- the applicant agreed to and is currently complying with and extending that pathway from the subdivision to the north into the site along Meridian Road. Timing for the Victory Road access. Some of the Commission was concerned about another way in and out of this development, since it was phased as part of two phases. Rest assured that the -- I shared with the Commission that the secondary access point will be required when there is a certain amount of square footage threshold constructed on this site and the applicant's also required to have cross-access with the C-store that's located on the hard corner. So, there is going to be another right-in, right-out only access to Meridian Road between this development and the existing developments at the hard corner. Planning and Zoning Commission had discussed the parking ratio for this particular development. Again, I informed them that there is a concept plan and that the parking ratios approved with the three CZCs that have already been approved for the site met the minimum parking standards per city code and, then, I also informed the Commission that the landscaping along Victory Road would be installed prior to occupancy of the first building on the site. The applicant and I have discussed that requirement. They are aware of it and so moving forward they either install it or put up a bond for that improvement. So , any Commission changes that were -- were not -- there weren't any Commission changes required of the staff report and there are no outstanding issues for Council this evening. In looking at the public record I have not seen where there was any written testimony provided after the Planning and Zoning Commission. So, with that both staff and Planning and Zoning Commission are recommend -- recommending approval of this plat and I will stand for any questions you may have. Simison: Thank you, Mr. Parsons. Bill, could you just clarify for me that -- you said right- in, right-out, but I will be -- one of my biggest concerns with this corner is actually the exit out of the convenience store onto Victory Road due to the exit being so close to the intersection and going through turn lanes. My guess is eventually that enters -- that's going to be required to be a right-in, right-out only by ACHD at some point in time or ITD. So, where is the right-in, right-out and how is the cross-access, if that -- if that ever doesn't become right-in, right-out, how would people get out to go west on Victory -- or east on Victory? Parsons: Yeah. Mayor, Members of the Council, no one's going to be able to get back out onto Victory from Meridian Road. They are going to actually have to drive through Meridian City Council June 9, 2020 Page 28 of 50 that development and use the current access -- or the future access to Meridian Road. It's actually the current access that they have now that serves the multi -tenant building and the nursery. So, as it stands now that the access for the gas station -- I think they have an access to Amity as well -- or, excuse me, Victory and they also have a right-in, right-out to Meridian Road. So, I'm -- right now as -- as you alluded to -- or at least what I said in my testimony is ACHD has not restricted that access at this point, but I imagine as traffic warrants and things increase, that may be restricted at some point. So, cross -- cross-access will be critical in the future, but as I mentioned to you, Mayor, in looking at the staff report ACHD has not required any further traffic pattern changes to Victory Road at this point. Simison: I understand. I guess my question, Bill, is based upon the -- what we are seeing up on our screen is cross-access going to require someone to go essentially north out the back of the convenience store? If that -- if that access to the convenience store ever went away cross-access would require them to go north, work their way around through to come out at the access point that is currently shown on Victory through this other -- through the project? Parson: Yeah. Mr. Mayor, Members of the Council, absolutely. That would be the only way they could go out, except for, like I said, if you look at the right -- at the very low -- the very bottom of the screen there, the convenience store does have an access to Amity there. Simison: And that's what I'm talking about. I think eventually that one will be restricted to a right-in -- Parsons: I don't have any doubt about that either. I'm sure at some point that will close and, then, everyone will have to funnel internally to get out to Meridian Road and potentially Amity -- or, excuse me, Victory. Simison: Okay. Thank you. Council, any further questions for Mr. Parsons? Perreault: Mr. Mayor? Hoaglun: Mr. Mayor? Simison: Council Woman Perreault got you just by a hair. Perreault: Bill, I did not see any elevations in the file. Do you have any copies of those that you can put on the screen? Parsons: Mr. Mayor, Members of the Council, I guess, Council Woman Perreault, are you wanting what we have approved with the CZC or what was submitted and improved with the development agreement? Meridian City Council June 9, 2020 Page 29 of 50 Perreault: Oh, I apologize. I thought you were referencing the elevations that have been submitted with this as examples, but I was -- I was looking -- I realized that we are just considering the preliminary plat. I thought maybe the elevations might be just helpful to get a visual of what it is they are -- you know, they are attempting to do, just because sometimes these two dimensional plats are hard to -- to visualize, but it's -- I just wanted to clarify there -- there weren't any submitted with this application ; correct? You are referring to ones from the DA modification? Parsons: Yeah. Mr. Mayor, Members of the Council, Council Woman Perreault, that is correct. I -- this particular case -- and in an effort to keep it simple I did not attach any elevations to this project, because I knew the development agreement had that covered. But I'm happy to drag over the elevations if you would like to see them. Perreault: I don't recall -- I'm wondering if this was -- was this approved last -- in 2019? Because I don't recall this application since I have been on Council. Parsons: Mr. Mayor, Members of the Council, Council Woman Perreault, yes, it was approved October, November last year. I don't think you we re sworn in yet. So, it predates your -- your term. Perreault: Okay. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Question for Mr. Parsons. Bill, I think I read -- it was either the staff report or in the P&Z minutes that there is a requirement for a ten foot wide sidewalk along Meridian Road; is that correct? Parsons: Yeah. Mr. Mayor, Members of the Council, Councilman Hoaglun, a portion of it is. So, in the development agreement -- or as part of that development agreement modification the applicant was required to extend a portion of that pathway along the Meridian frontage, which, basically, ties into -- so, if you look at this slide that I have in front of you here, the -- in that northern corner there is -- is the urgent care and the applicant is expanding that pathway up to that -- essentially that intersection or close to that new curb cut into the site from Meridian Road and at -- anything south of that new intersection will remain the five foot wide detached sidewalk with an easement. So , if and when the city desires to widen that, include a pathway, that it could be built in the future. So, a portion of it's being constructed and a portion of it's being preserved through an easement for future expansion if needed or desired. Hoaglun: Okay. Mr. Mayor, Mr. Parsons, thanks for that explanation. That helps. Simison: Council, any further questions for staff at this point? Okay. Thank you very much. With that we will ask the applicant to come forward. And if you can state your Meridian City Council June 9, 2020 Page 30 of 50 name and address for the record. It looks like we will have Mr. Wardle before us today and you will have 15 minutes. Wardle: Thank you, Mayor. Thank you, Members of Council. Glad to be with you. Bill did a great job covering the topics in the staff report. To give you a brief overview of this, for those of you who are new and who didn't hear this last fall, this does implement a development agreement that was am ended in late 2019. Bill, if you can click to the next slide. Or -- Johnson: Mr. Mayor. Mr. Wardle, you should have control of the screen. You should have a pop up asking if you want to control. Wardle: There we go. All right. So, background. This property was part of an application in 2003 culminating in its zoning and annexation in 2004 with a development agreement. The zoning has been consistent with the Comprehensive Plan that was in place at that time and as it went forward. The development agreement was amended in 2006 and the initial Mussell Corner Subdivision was platted and that's how and when the -- the convenience store was constructed and as part of that implementing the requirements that were imposed then were provisions for master cross-access throughout the site. So, to the Mayor's question, it has always been contemplated by the City of Meridian, the property owners, Ada County Highway District that in order to head east on Victory you would have to use the internal circulation through the site to traverse your way over there. Now, currently there are buildings that will be modified and there are -- there are a variety of other structures that will need to be modified as we redevelop this from the existing Victory Greens use, but that is the plan that -- that that access would be a full access to the east with right-in, right-out out of the convenience store and, then, where Bill identified a -- an approved access onto Meridian Road that would be right-in, right-out. In the original development agreement it had a -- a different site plan and it contemplated a western themed project and the building standards and the building designs at that time were -- were very much a pole barn western themed, which was fine, but as we move forward with users, you know, the determination was made that we needed to significantly modify the site plan for internal circulation issue matters and also for design. So , in 2019 this body approved an amendment to the development agreement that i ncluded additional conditions of approval, one of which conditions of approval we agreed that the buildings would be limited to 35 feet in height. Even though this is a C-G zone that would permit a significantly higher elevation, we made that commitment due to the comments that we heard from the neighborhood and the questions posed by the City Council. As you see , this is the first -- the -- the design configuration of the first phase that we modified with that development agreement. The -- phase one is the northern piece, which will provide that access to the north onto Meridian Road. Originally the 2004 development agreement maintained a temporary access at the very very north , but it was always intended that that would be subject to relocation when a full development application came forward. So, we made that -- the contemplated plan here is for a variety of uses from -- as Bill indicated that we do have three CZC applications that have already been approved with a Saltzer health clinic under construction in that northernmost parcel that you see there at the north is what's currently under construction and, then, south of that access drive -- Meridian City Council June 9, 2020 Page 31 of 50 or south of the Meridian Road access is a retail building that we have a user for and is in for permitting and, then, those larger buildings in the back are contemplated to be a flex space with a variety of uses for sale and for lease. So , as we move forward the 2019 development modification -- development agreement modification replaced the prior 2004 and 2006 development agreements. It modified the site plan , modified access and eliminated the western theme design standards , replacing it with the ones that Bill has outlined for you that were integrated into that. This preliminary plat is a resubdivision of that 2006 Mussell Corner Subdivision as we replat and reconfigure a portion of it. There have been some additional parcel boundaries and the whole purpose of this preliminary plat is to implement the development agreement consistent with what was approved in 2019. As Bill indicated, we have outlined this work in two phases. We recognize the conditions of approval relate to certain improvements that have to be done on Victory Road, even though that's not in the first phase , and that work either is or will be done as Bill's outlined and in the phase one of this project we will have five -- five lots that will initially proceed and, then, everything will come forward to the south. When we come forward with the plat for the southern most piece along Victory I anticipate that we will be required to come back before Council with a more specific plan as that was preserved for future improvement and future evaluation. So, as Bill outlined, 12 building lots, C-G zone, intended to enhance the commercial node that was previously approved here in 2004 when the property was annexed. The northernmost parcel currently under development -- and as Bill indicated that is where connection to the existing micro path has been requested to the neighborhood to the east of the Kennedy Lateral and that will be constructed and installed and the second retail building will be just to the south of that and as Bill indicated that is a retail user who has already been in for permit. So, we are in general agreement with the conditions of approval. The conditions are consistent with the development agreement and we will be proceeding forthwith with the northern phase one as the Saltzer health facility will be completed we anticipate in just a few months providing that urgent care facility to the residents of south Meridian. So, with that we believe it complies with all UDC requirements and request approval as recommended by the staff and the Planning and Zoning Commission. And with that I will stand for any questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Bernt: Mr. Mayor? I defer. Simison: Council Woman Perreault. Perreault: Would it be possible for Bill to bring the landscape plan back up? And, then, I have a question for the applicant. That shows the buff -- I have a question about the buffers. Okay. I just wanted to make sure that I understood that on the -- that full length of the north side, which is going to be behind the flex spaces, that is a 25 foot buffer to the -- the residents; is that right? Meridian City Council June 9, 2020 Page 32 of 50 Wardle: Correct. But it's also within a larger easement for the Kennedy Lateral. Perreault: Okay. Wardle: And there is some degree of elevation change there. So, that's what Bill meant when he indicated that there would still be some design work to be done with the irrigation company and the city on that. But, yes, it's a 25 foot easement -- a 25 foot buffer on our property. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: Mr. Wardle, do you happen to know the -- the full distance from the -- the south side of the buffer to the fence line of that subdivision? Wardle: Mr. Mayor, Council Member, I do not, because a portion of that fence line is adjacent to a common area that's platted as part of that. So, a portion of that easement -- I mean what you're seeing there is -- as to the east and it's -- it's a rather substantial facility. There is a significant amount of distance between the two. So, it is 25 feet on our property, but it's 25 feet on our property, plus there is additional space to the north adjacent to those parcels. Perreault: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Geoff, just one question. Do you -- do you guys project any tenants that will -- that will require more parking than what you have planned for that would make a -- have a problem parking? Wardle: Mr. Mayor, Council Member Bernt, no, I mean that question came up at Planning and Zoning and as Bill answered I mean it's zoned C-G, we are going to have to comply with all of your parking requirements. Of course it's going to be very much site specific and as to this location we are certainly not contemplating any types of the larger office buildings that you are seeing elsewhere. So, these are intended to be small users and it's something we are hypersensitive to, because you have got to thread that needle. Bernt: Not going to be a popular restaurant in there or anything? Wardle: I -- I -- I don't have any idea of any restaurant users for that site yet, Council Member Bernt, but if we do the beauty of restaurants is the parking demand for restaurants is counter cyclical with office, so -- except at lunch on Thursday. Meridian City Council June 9, 2020 Page 33 of 50 Perreault: Mr. Mayor, I have a similar question. Simison: Council Woman Perreault. Perreault: So, we are starting to see restaurant users put in drive-thrus, even in these flex spaces. Any anticipation that will happen? We don't get to hear those, they go through the conditional use permit process that the Commission decides. Is there any way to put a limitation on that and not -- I would prefer that that not be permitted. Wardle: Well -- I mean it's not -- I -- it's a C-G zoned use. It's a C-G zoned use with a very specific design. You are right, there are those types of users that we have seen go into flex space, but here are the flex spaces. The visibility is such that if there is a drive- thru user it will be out on one of the pads on either Victory or Meridian Road. I just can't see -- I can't see a drive-thru user wanting to be interior on those flex spaces. I mean -- and that was a conscious decision on how we spaced it and located it, but you would have more intensive retail uses to the street and the -- the flex -- the flex use to the back. But never say never, because you never know what a user wants and that's why we come back for conditional use permits. Simison: Council, any additional questions at this time? Okay. Thank you very much. Did we have anyone signed up to testify on the item this evening? Weatherly: Mr. Mayor, we did not. Simison: Okay. Well, just like in previous conversations for those who are still tuned in, I think that we have a lot of people still waiting to get back to the first item that was on our agenda, but if there is anybody that would like to testify on this item, please, raise your hand by clicking the button at the middle bottom of your screen to -- and we will bring you in to testify and if you are on the phone and you would like to participate press star nine. And we will give this just about 30 seconds to see if anyone would like to testify. I am not seeing anybody raise their hand otherwise. I will just confirm that with the clerk that they agree. Weatherly: Mr. Mayor, I agree. Simison: Okay. Well, with that, Mr. Wardle, would you like to make any final comments? Wardle: No. We are ready to proceed with your decision. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council June 9, 2020 Page 34 of 50 Cavener: Quick question for Mr. Wardle. My wife's asked me to wrap up a couple of yard projects. How much longer is that nursery going to be around, so I can get those wrapped up this summer? Wardle: Obviously it's a phased redevelopment and we are starting on the north. So, you know, I wouldn't wait too long. But you will have some time. Cavener: All right. Appreciate the reprieve. Simison: I hear they might be having a fire sale, so pay attention. Bernt: I doubt it. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No other questions, I move we close the public hearing on Item 6-D, Victory Commons, H-2019-0150. Bernt: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Item 6-D, a preliminary plat for H-2019-0150, Victory Commons. Bernt: Second. Simison: I have a motion and a second. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes and the motion is agreed to. MOTION CARRIED: ALL AYES. Meridian City Council June 9, 2020 Page 35 of 50 Simison: Council, I have had a request to take a few minutes to a llow people to take a quick break, so with that I'm going to call a recess until 8:00 o'clock. That should hopefully give everyone time to take care of what they need to. So, we will -- we will see you back here in 12 minutes. (Recess: 7:48 p.m. to 8:02 p.m.) E. Combined Public Hearing for Ordinance 20-1881: Deannexation Plan Amendment) - First Amendment to the Meridian Revitalization Plan and Ordinance 20-1882: Union District Plan Simison: Okay. Council, I'm going to call us out of recess. It is 8:02 and we will move on to Item 6-E, which is combined public hearing for Ordinance 20-1881, deannexation plan amendment. The first amendment to the Meridian Revitalization Plan and Ordinance 20-1882, Union District Plan. Council, we left this public hearing open last time for any additional public comment. I will ask the clerk if anyone has signed up to testify on this item. Weatherly: Mr. Mayor, we did not have any sign-ups. Simison: Okay. If there is anyone who is on the call that would like to provide testimony on this item, if you could, please, indicate by hitting the raise hand button in the Zoom platform or star nine on the phone and we will bring you on to testify for this item. Council, I'm not seeing anybody who would wish to provide testimony on this item, so with that I would be happy to entertain a motion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Appreciate, Cameron, your team, Ashley, everybody at MDC, Mr. Kushlon, your report. One, thank you for all the information, but, two, for the extra week for us to at least invite the public to one more opportunity to provide some testimony on this. As you all know, this is an issue that I have taken very very seriously and have weighed the pros and cons back and forth. As I alluded to last week, I'm -- I'm supportive, but I appreciate having one more opportunity for our public to weigh in. If -- if none of my colleagues have any comments, I'm happy to make a motion. Okay. Mr. Mayor? Simison: Councilman Cavener. Cavener: Do we need to have the ordinance read one additional time or because we have continued it from last week are we good to -- to move forward? Simison: I think we need to close the public hearing and this process will be taking place in the next ordinance reading. Meridian City Council June 9, 2020 Page 36 of 50 Cavener: Okay. Mr. Mayor? Simison: Councilman Cavener. Cavener: If that, then, I move that we close the combined public hearings for Ordinance 20-1881 and 20-1882. Perreault: Second. Hoaglun: Second. Bernt: Second. Simison: I have a motion and several seconds to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. The ayes have it. MOTION CARRIED: ALL AYES. Item 7: Ordinances [Action Item] A. Third Reading of Ordinance 20-1881: An Ordinance of the City Council of the City of Meridian, Approving the First Amendment to the Meridian Revitalization Plan Urban Renewal Project, Which First Amendment Seeks to Deannex Certain Parcels from the Existing Meridian Revitalization Project Area; Which First Amendment Amends a Plan That Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: So, with that we will move on to Item 7-A, which is the third reading of Ordinance 20-1881, and I will ask the clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. This is the third reading of Ordinance 20-1881, an ordinance of the City Council of the City of Meridian approving the first amendment to the Meridian Revitalization Plan Urban Renewal Project, which first amendment seeks to deannex certain parcels from the existing Meridian Revitalization Project area; which first amendment amends a plan that includes revenue allocation financing provisions; authorizing the city clerk to transmit a copy of this ordinance and other required information to the county, affecting taxing entities, and state officials; providing severability; approving the summary of the ordinance; and providing an effective date. Meridian City Council June 9, 2020 Page 37 of 50 Simison: Council, we have heard this ordinance read for its third time. Is there any motion or is it just deemed passed upon reading the third time, Bill? Nary: Mr. Mayor, Members of Council, you will need to vote. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Ordinance 20-1881. Bernt: Second. Simison: I have a motion and a second to approve Ordinance No. 20-1881. Is there any discussion on the motion? If not, the clerk will call the roll. Roll call: Bernt, yea; Borton, abstain; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: Five ayes. One abstain. Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. B. Third Reading of Ordinance 20-1882: An Ordinance of the City Council of the City of Meridian, Approving the Urban Renewal Plan for the Union District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: Up next is Item 7-B, a third reading of Ordinance 20-1882. Ask the clerk to read it by title. Weatherly: Thank you, Mr. Mayor. This is the third reading of Ordinance 20-1882, an ordinance of the City Council of the City of Meridian approving the Urban Renewal Plan for the Union District Urban Renewal Project, which plan includes revenue allocation financing provisions; authorizing the city clerk to transmit a copy of this ordinance and other required information to the county, affected taxing enti ties, and state officials; approving the summary of the ordinance; and providing an effective date . Simison: Council, you have heard this item read for the third time. Do I have a motion? Meridian City Council June 9, 2020 Page 38 of 50 Cavener: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. I move we approve Ordinance 20-1882. Perreault: Second. Simison: I have a motion and a second to approve item 20-1882. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, abstain; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes and one abstain. The motion is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. Simison: We will move on to Item 7 -- well, just, again, as Councilman Cavener said thank you to everyone who worked so diligently on those two previous items and we look forward to the fruits of that labor. Hopefully coming forward in a timely fashion. C. Ordinance No. 20-1884: An Ordinance (H-2019-0135 – Allmon Subdivision) for Annexation of a Portion of the Southeast Quarter of the Northeast Quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 10.03 Acres of Land From RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: With that we will move on to Item 7-C, Ordinance No. 20-1884, ask the clerk to read this item by title. Weatherly: Thank you, Mr. Mayor. This is Ordinance No. 20-1884, an ordinance, H-2019- 0135, Allmon Subdivision, for annexation of a portion of the southeast quarter of the Meridian City Council June 9, 2020 Page 39 of 50 northeast quarter of Section 30, Township 4 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 10.03 acres of land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this item read. Do I have a motion ? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move approval of Item 7-C, Ordinance No. 20-1884, with suspension of rules. Strader: Second. Cavener: Second. Simison: I have a motion and a second to approve Item 7-C under suspension of the rules. Is there discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. The motion is agreed to. MOTION CARRIED: ALL AYES. Item 8: Action Items A. [ITEM MOVED FROM 6-A] Reconsideration Request for Findings of Fact, Conclusions of Law for Delano Subdivision (H- 2019-0027) by Boll Cook Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. Simison: Next we will go to Item 8, which is what was moved from earlier, the reconsidering question of Findings of Fact, Conclusions of Law for Delano Subdivision, H-2019-0027. Mr. Nary, would you like to reintroduce this so Mr. Borton has the privilege of hearing your comments, so that we are all on the same page. Meridian City Council June 9, 2020 Page 40 of 50 Nary: Certainly, Mr. Mayor, Members of the Council, Council Member. So, as we stated earlier -- so, this is a request by the applicant of the Delano Subdivision for reconsideration of your decision from a few weeks ago. The decision was final . The Findings have been approved. This was timely filed. So, your consideration tonight is whether to grant the request for reconsideration, which would require a new public hearing. The applicant would, then, need to pay the noticing fees and provide noticing for this project for a new public hearing. It would be as if you had an additional or a second public hearing in addition to the one that was previously heard. The other option is to deny his request for reconsideration and the applicant can take it forward as the law may allow him to do. So, that's really within the purview of what you have tonight. There is no additional testimony. We have allowed written testimony, but the testimony really has to be relevant to the issue and the issue in front of you was as raised by the applicant was his concern that his opportunity to present a response to the project to the issues and concerns of the Council was cut off because it was -- because what was raised after the public hearing was closed were things he was not able to address. Any -- any testimony -- written testimony that's unrelated to that issue is really not relevant. So , the only consideration you could consider is whether or not to grant his request or deny his request. Mr. Borton, before you joined us part of the conve rsation was was there any other alternatives and I tried to avoid getting into that detail of any other alternatives until we resolved the issue under our ordinance, under the request for reconsideration. I think that captured our earlier discussion. So, if I missed something please let me know. Simison: Sounds good. And if I could get Adrienne or Chris -- it looks like Mr. Hoaglun got kicked out and he's in the waiting room with his hand raised . If we can bring him back. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: While we are waiting for Council Member Hoaglun to join us I just -- I wanted to put on the record -- during our break I was going through my e -mail and my text messages and I received an e-mail correspondence from an individual I used to attend church with. They were voicing some of their concerns not about the request that's before us, but similar type of communication we have heard from residents in the Alpine neighborhood just about the project as a whole. I have taken a screen grab of that and have provided it to the clerk. It's been added to the public record, but I wanted to disclose that to the Council and to the public. I know it was likely well intended , but it's a good reminder for Council and for the public that anything that is important for you to share with one of us, it's really important to share it with all of us as Council , which is why we have continued to accept written testimony. So, just wanted to disclose that before we moved into any deliberations or any motions were made. Thank you, Mr. Mayor. Simison: Thank you, Mr. Cavener. Council, any questions or motions? Perreault: Mr. Mayor? Meridian City Council June 9, 2020 Page 41 of 50 Simison: Council Woman Perreault. Perreault: I just have a question for Mr. Nary. What would be the downsides, for lack of a better word, to consider a reconsideration on our part -- the city's part? Nary: Yeah. Mr. Mayor, Members of the Council, Council Member Perreault, I guess there is not really a downside. I mean certainly if that's the purview of the Council it's totally within your discretion to grant the request and reset it for a public hearing. So , from a legal perspective, which is all I can give you, there is certainly no downside. It's -- it's certainly within your discretion. Perreault: Mr. Mayor, a follow up. Simison: Council Woman Perreault. Perreault: Mr. Nary, if I understood you correctly, if we were to hold a public hearing that that hearing is just going to cover the -- the applicant's one concern regarding not having had an opportunity to comment after -- after the hearing had closed; is that right? Nary: Mr. Mayor, Members of the Council, no. It would be a full public hearing. So, it could be over -- since it wasn't a continued hearing for a limited purpose, this would have to be a new public hearing under our ordinance. It wouldn't be limited. Perreault: Okay. I must have misunderstood what you were explaining just a little bit ago. Nary: Sorry if it wasn't clear. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, as I understand your remarks, Bill, that it's a discretionary call by the Council that doesn't necessitate a specific finding of legal defi ciency in the process; is that correct? Nary: So -- Mr. Borton, so that's what the ordinance states, is that's the basis of the request and I will pull it up real quickly just since you asked that question. It -- it basically states you have to state that in the request and basically what Mr. Clark has done is that's his basis of his request. So, to grant it -- I just want to make sure I have the proper language out of that. And it just says if the request is properly filed notice shall be provided. No additional evidence or testimony will be allowed at the meeting. At the City Council meeting the Council shall consider the request and may affirm, reverse, or modify after compliance with the procedure. If necessary the Council may direct a new public hearing and all the procedures and notices that are necessary. So, a written decision has to be issued upon a find -- or a direction here. So, again, if it's to reverse the decision I Meridian City Council June 9, 2020 Page 42 of 50 have to have some basis to put that in the order. But the order can be, again, if it's raised that he didn't have an opportunity to present additional testimony based on concerns that were not raised at the public hearing, that's certainly within your purview. Borton: Thank you. Mr. Nary -- or Mr. Mayor. Excuse me. Simison: Councilman Borton. Borton: The reason -- my internet's kind of cutting out. Am I still connected? Nary: Yes, sir. Simison: Can you hear me? Nary: Yes, sir. We can hear you. Borton: Great. It's cutting out on my end. I will just talk and we will see. The reason that I asked that question on the scope of what authority we do have is in review of the letter and the process that we went through I don't necessarily agree that the actio n is legally suspect or legally deficient. So, with regards to that claim in the request for reconsideration, I don't -- I don't think that's correct. However, I do understand the perspective of the applicant in the letter in the footnotes and while this issue with Centrepoint was discussed in both hearings, I am open to the idea of a reconsideration in light of what's been presented and what very well might be an agreeable solution to a very large component of the issues that were discussed in both hearings and caused a large share of the concerns. So, I know a discussion today isn't a discussion on whether anything like that would or would not be approved , that only comes from a -- from a new public hearing as you have described, but I am -- I am supportive of the request. We rarely grant them, we rarely see them, and even more rarely do we ever grant them, but I -- I see these circumstances and the unique record in this case to support it, not because there was anything improper with the substance or the process utilized by the Council in making its decision. I do think there was ample opportunity to -- to discuss it, but there was a disconnect and -- and our ultimate goal is try and make the best decision with the best data for -- for the long term and in this very unique situation I for one think that a reconsideration makes sense. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Yeah. I could help add to that. So, in the ordinance itself, Council Member Borton and for the rest of Council, it specifically uses the word deficiency, which is also used in the statute. That does not necessarily have to rise to a legal error. A deficiency as you define it, as you want to interpret your code. My belief has always been and my argument has been to a district court on more than one occasion that the intent of these statutes and the ordinance are to allow an opportunity to address an issue again if it's appropriate Meridian City Council June 9, 2020 Page 43 of 50 and whatever that deficiency may be is within your discretion. So, I don't believe you are setting a precedent that it's a legal error for you to raise issues after the hearing is closed , but it's certainly within your discretion to consider on a case-by-case basis that that might be a valid reason to reconsider other opportunities to hear this over and get it right, as Mr. Borton said. So, I don't think it requires a legal finding that -- that an error was made and that a -- if a finding of the efficiency raised was -- is adequate to call for another hearing, that's within your discretion to do. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: I appreciate that. That's -- I think that's very helpful for us. One of the -- the scenarios that could illustrate the fact that as to that issue -- and a project on this parcel could be developed with fewer lots that would not necessitate a second access at all as an example of, okay, a reason why I disagree with some of the representations in the letter, but, nonetheless, understand and think that reconsideration is appropriate. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I think Council -- Councilman Borton said it just about as -- as well as I could and I -- I'm in agreement with -- with what he is -- what he has shared about giving the applicant an opportunity to present again and -- and to approve the reconsideration request. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I wholeheartedly agree. I don't think there is a deficiency in our process necessarily. I think it's typical that an issue that was brought up would be the basis of a decision and I don't -- I don't think there is a disconnect in how our decision is made. So, I am open to I guess looking at this again with a public hearing in -- in light of the solution that they are bringing forward, but I want to echo Councilman Borton's comments. I don't think that they are -- I don't agree that there is a legal basis for a deficiency in our process is the reason that we are doing that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just wanted to chime in. I -- I would -- I would support a motion to reconsider this -- this issue. Meridian City Council June 9, 2020 Page 44 of 50 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Although I believe that that connection from, you know, Centrepoint to Wainwright is extremely crucial to the importance of this -- of this deal, I don't -- I don't -- I'm the gentleman that was -- that made the motion that didn't talk before the hearing was closed and so -- but with that said, I -- I'm open to reconsideration as well and see where it goes from here. Simison: I have got a lot of people that are open to it. Does anyone want to make a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm happy to make -- make a motion. Just real quick. Good decision, Council Member Bernt, by waiting for Council Member Borton to come and attend. I think his feedback and insight has been really helpful to us. Also, Mr. Nary, thanks for your education. Council Member Borton hit the nail on the head. I don't think in the six years I have been on Council we have ever granted one of these and so your education to us on the process has been also very very helpful. With that said I'm -- I'm in agreement with my colleagues. So, I move that we approve -- I guess this is Item 8-A and grant the reconsideration request for the Findings of Facts for the Delano Subdivision, H-2019- 0027. Bernt: Second. Simison: I have a motion and a second to approve the reconsideration. Is there any discussion on the motion? Cavener: Mr. Mayor? Simison: Mr. Cavener. Cavener: Just from a process standpoint, I assume the appellant will work with staff to determine a date for a public hearing or do we need to set that tonight ? Nary: Mr. Mayor, Members of Council, Council Member Cavener, if I could. Yeah, I would -- I was going to suggest you vote on the motion first and, then, direct to the staff, but I do agree with what you just stated. Staff has to review any revisions that are being proposed. We will have to find a date. We will have to notice. Both newspaper, mailed notice and sign -- signage. So, it will probably be about six weeks out'ish. So, I want them to work with them to do that. So, if we could finish the motion and vote and, then, we make that direction we could do that. Meridian City Council June 9, 2020 Page 45 of 50 Cavener: Thank you, Mr. Nary. Thank you, Mr. Mayor. Simison: Okay. If there is no further discussion on the motion I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes and the motion carries. MOTION CARRIED: ALL AYES. Simison: So, with that, based on that information and the previous conversation, is there a time frame, next steps, Mr. Nary, that is being recommended? Has there been any conversations with staff or -- Nary: Mr. Mayor, not that I'm aware of. I think really if the Council would simply -- and you can do this by voice vote, too -- make a motion to -- the applicant to -- applicant to work with staff to schedule a date with the clerk's office to work through -- and to pay for the public noticing as part of this reconsideration. I think that's probably the -- enough direction we will need for tonight. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Unless there is any other comments from anybody else, I'm supportive of that. So, I would move that we direct staff to engage with the applicant and the clerk to find a date that works for our community to have a public hearing , for the applicant to renotice as is typical with any other land use application and to pay for those associated fees and to -- Mr. Nary, am I missing anything from your perspective? Nary: No, sir. Cavener: Okay. That would be the end of my motion, Mr. Mayor. Simison: Okay. I have a motion. Do I have a second? Strader: Second. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Meridian City Council June 9, 2020 Page 46 of 50 Item 9: Future Meeting Topics Simison: Okay. Thank you very much, Council. So, we are to our -- I don't know if this is Item 8-B or Item 9 under Future Meeting Topics. Is there any future meeting topics? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would be interested in finding out if my fellow Council Members would like to add a future meeting topic to our agenda. I will just give a tiny amount of background. I'm new to Council, but the more I have learned about our Police Department the more impressed I have become, especially without a lot of background on them, and I feel that we are doing a lot of things right, but at the same time I don't think that we take anything for granted and I would love to have either the police chief or a member of staff have an opportunity, in light of current events, to come and present to Council some detail about our procedures for the use of force and any other material that they think is important for us and the public to have as additional background on training and how we could b est support them. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Strader asked Council's opinion. I think all of us are very proud of our emergency responders, police, fire, EMTs, et cetera, both that work for the city and serve our community. Any opportunity that I think that they can come to share what are the best practices that really sets them apart from some of the other jurisdictions across the country I welcome that. I'm proud of them and think this would be a great opportunity for them to demonstrate what makes them one of the best in the nation. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Earlier in the meeting Pastor David gave -- gave a prayer and in his prayer, his invocation, he mentioned that our city is -- excuse me. Is a -- is a light in our valley. Excuse me. Simison: Take your time. Cavener: Doing great. Meridian City Council June 9, 2020 Page 47 of 50 Bernt: I -- I couldn't agree with him more. It's been tough. The last couple of weeks have been tough and I'm sure that many of our citizens feel the same way, but if there is -- if there is one thing that brings solace to my soul and brings a smile to my face it's great citizens who care for one another, who have reached out, who have tried to listen and who have listened and who have tried to make a difference and ultimately I'm so grateful for that, along with our citizens and the great people that they are, also grateful for our first responders who wear the badge and who honor the badge. Tracy Basterrechea said it best in his Facebook post a couple of weeks ago when he said that for one bad apple that makes poor choices there are thousands of first responders who go out on a daily basis to protect us all and I'm grateful for them as well. So, I'm grateful for Council Woman Strader for bringing this up. We spoke earlier and I thought it was appropriate for her to -- to make this recommendation to Council. I'm grateful for Councilman Cavener for his support of this recommendation as well and I'm -- and I believe that there is not a Council Member and along with the Mayor who would not agree with -- with the chief or the deputy chief or whoever might want him to come speak to us next week. So, thank you so much for bringing this up. Simison: And the latitude I'm going to ask is allow me to work with our chief. Based upon some of the comments that we have seen I don't think this is going to be a simple come and have a presentation from our police chief or member of our department, if that's the direction we go, and I don't know if a City Council meeting is -- is the most appropriate venue in which to do what may be asked to being done. You know, because we have protocols, we have rules, we have -- it can make it very stifling depending upon what the expectations of Council is. If you just want to get a presentation and end the conversation at that point in time that would be one thing. If you are looking to do more than that, then, I don't know of a City Council public hearing testifying in front of a podium first week back is how you want to do that. So, if I could take that feedback, have a conversation and see what makes sense from the community and the Police Department and I will work with the Council President on options and see where we go. Strader: Mr. Mayor? Bernt: Mr. Mayor, one more thing on top of that. I think that it would make sense to work with your office -- you know, work with Shandy and Dave as well, I think they have some great insight on how that process works out as well. Simison: Yes. That's where I was going. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe just a request if it -- if it works and, again, I don't know if Council Member Strader is supportive of that, but where -- where Council Member Strader is the one that brought this as a potential agenda item, I think it would be appropriate to also involve her in that process as well to make sure the things that she's hoping are -- are captured, both Meridian City Council June 9, 2020 Page 48 of 50 that we have shared here tonight and kind of in her mind , that we work to address that as well. Simison: Yeah. Councilman Cavener, I assume that your Council President works with the people and all points in times when you bring up these issues . If he doesn't I will -- we could address that, but I do not try to circumvent his interaction with you all on those type of issues. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sometimes I'm a little clumsy about how I go about it, but I appreciate your comments. I fully trust you and -- and the chief and the Council President and everyone and involve me as much as you want to to come up with a good community forum to have this discussion. I am very proud of us for not shying away from it and I'm proud of us also, because I think our community really does support our Police Department and this is a great conversation to have about what we are doing right and that we don't take it for granted. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I also appreciate Councilman -- Council Woman Strader recommending this. I had an opportunity to chat with Council Member this morning about something very similar. We were talking about this this morning and -- and about whether we would -- we would want to -- to make that same recommendation and I -- I was talking -- he was sharing with me all of the -- all the support that the Police Department has been receiving, which I am incredibly grateful for, and -- and Council Member -- and I appreciate your -- your show of emotion, now I'm going to choke up, because, you know, I haven't been teary eyed about -- about this necessarily, but I have about the state of our country and how much difficulty is happening and so I'm thankful that we have an opportunity to praise our Police Department and our first responders. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will make one more comment. I -- I agree with that. At the same time I think it's very clear that a lot of people in our country are hurting and that they may face some circumstances that, frankly, our Council doesn't face and so I think what I would like to see from this community forum is -- which I know is true, that our Police Department is sensitive about that and that if people have concerns that -- you know, that there is a method for our community to express them and -- and that -- again that we are not taking Meridian City Council June 9, 2020 Page 49 of 50 it for granted that -- that we are going to -- we are willing to look at ourselves even when we think we are doing a good job, that we are willing to look hard at it. Simison: All right. Well, thank you. We -- we will find a way to effectively have that conversation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question on a totally different subject. Next week are we back at City Council Chambers for our meeting? Simison: Mr. Nary, would you like to -- my short answer is yes, but I think there is with caveats. Nary: So, Mr. Mayor, Members of the Council, the governor has two separate orders -- emergency orders and the second one was the order that suspended the open meeting requirements of having all the Council -- or at least one Council Member in a room and the public being allowed into the room. That is set to expire on the 11th, unless the governor extends that order. We don't know for sure until we know. The governor may extend the emergency order similar to the one that we put on tonight for the Mayor, but that's the financial component piece, not the open meeting piece. We have some -- have had some feedback from the Attorney General's office that they -- that second order may not be extended, but until that occurs we don't know. At this point potentially we will need to be back in chambers next week or allow the public in. We have met with the clerk's office and IT. We think the system will work to still maintain a Zoom meeting. Again, the law only requires one of you be in the room. Again, you can all be in the room or some of you could be on the Zoom meeting as well. We can maintain the Zoom platform as a meeting forum, so that not everyone has to be in the room if they don't want to be and they can appear remotely and testify as they have been doing for the last couple of months and so we are -- we are -- we are ready to go forward with it if that's the direction we have. Simison: Council, the direction I gave to the directors and to departments today was be prepared to come just -- much like we did with City Hall, everyone's coming back and we are doing it from the room and, then, we will peel the layers of the onion out of the room as necessary and I would say that's the same for you all to determine how many of you feel like you need or should want to be there. I -- I think it's myself and one member of Council the minimum need to be in the room. We will be limiting the number of people in the room to an appropriate number, but it will not look like it did before. If I was a betting person you are looking at up to 50 seats in that room, somewhere in that -- or 50 people, including the staff and available for all Council to be present, which puts us closer to about 35 people in the audience is what we are anticipating being able to accommodate. Perreault: Mr. Mayor? Meridian City Council June 9,2020 Page 50 of 50 Simison: Council Woman Perreault. Perreault: If the Council Members are present at the dais and we have the Zoom meeting up on our screens is it -- it's going to be essentially the same for us where we will be looking at the presentation on our computer screen in the Zoom meeting format. There won't be separate presentation screens from -- from the video screens? Nary: They will be up on the video screens in the room, too. Perreault: Okay. That -- okay. Simison: Council, any other items under future meeting topics? If not, do I have any other motion for the evening? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion, Mr. Mayor. Simison: I have a motion and a second to adjourn the meeting. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 16 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda June 16,2020— Page 75 of 223