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From YouTube: Boise City Council - Evening Session
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A
C
A
A
A
G
B
C
F
C
Well,
thank
you,
council
member,
appreciate
it
all
right
and
now
we're
going
to
move
into
the
the
special
business
that
many
of
us
are
here
for
tonight,
and
that
is
the
confirmation
and
swearing-in
of
Ron
weiniger's
police
chief
before
I
put
forth
Ron
weiniger's
nomination
as
police
chief
I,
just
wanted
to
say
a
couple
things
and,
and
then
I
imagine
other
people
have
things
to
say
once
we
take
this
up.
C
But
you
know
twice
in
the
last
several
years,
Ron
has
heated
my
call
to
help
support
the
city
and
back
in
2020
and
again
in
the
fall
of
20
Where
Do
We
Now
2022,
and
he
said
yes,
and
he
said
yes
because
of
his
deep
commitment
to
public
service.
That
I
believe
is.
C
It
is
a
deeply
held
value
and
his
deep
commitment
to
this
community
and
the
people
of
this
community
and
the
people
that
make
up
Boise
Police
Department,
and
he
leads
with
compassion
and
kindness
and
I
already
reference
for
who,
but
not
only
for
the
people
of
Boise
and
that
feel
it
sense
it
in
their
interactions
with
them
in
the
feedback
that
I
received
from
the
community,
but
also
the
men
and
women
of
Boise
Police
Department
and
both
are
sworn
officers
and
our
staff,
and
especially
in
these
times.
His
study
leadership
is
deeply
appreciated.
C
You
know,
and
I
want
to
say
that
when
I
have
thought
about
what
our
city
needs
for
a
permanent
police
chief,
it's
somebody
that
is
a
demonstrated
leader
that
shares
Boise
values
and
lives
them
and
believes
them
as
deeply
as
each
of
us
does
and
is
willing
to
do
all
that
one
must
for
the
community
and
for
the
department,
and
also
understands
that
our
cities
growing
and
changing,
and
that
we
all
value
the
sense
of
security
and
safety.
C
That
knows
what
we
have
knows,
what
we
must
do
to
keep
it,
and
he
fits
that
bill
and
after
28
years
of
service
and
six
months
and
I'd,
say
kind
of
an
on-the-job
interview
for
six
months,
I
think
I
called
you
about
six
months
after
you,
you
started
with
us
again:
I
really
I
knew
we
had
the
right
candidate
in
Ron,
and
so
I
just
want
to
say
that.
C
Thank
you
for
your
willingness
to
serve.
Thank
you
to
zelfie
your
family,
two
of
your
kids,
who
are
here
and
the
other
two
that
aren't
for
sharing
you
with
us
and
that
in
Boise
our
crime
rates
are
the
lowest
that
we've
seen
them
in
over
two
decades.
C
Our
promotions
within
the
department
are
up,
our
recruitments
are
up,
and
this
is
happening
on
Ron's
under
Ron's
watch
and
with
Ron's
leadership
and
the
and
the
team
that
he's
helped
us
assemble
to
lead
this
department,
and
this
was
really
important
to
me
that,
as
we
create
place
a
permanent
police
chief,
that
the
results
that
we've
seen
in
the
last
six
months.
The
work
that
we've
done
together
to
keep
this
city
safe
and
welcoming
today
and
into
the
future,
is
exemplified
in
the
leadership
daily
by
Ron.
C
And
it
was
for
that
reason
that
I
called
Ron
to
ask
him
to
serve
and
am
now
asking
that
you
accept
his
nomination.
C
Have
a
motion
a
second
thank
you.
If
there's
any
discussion,
yeah.
F
Madam
mayor
I
brought
props
tonight
because
I
thought
you
rode
down
here.
No
I
did
not
write
down
here,
but
several
years
ago
we
had
a
new
police
chief
and
Ron
was
serving
as
our
Deputy
Chief
of
Police.
We
had
an
event
out
at
Idaho,
Botanical
Garden
with
inclusive
Idaho,
and
it
was
a
kind
of
a
small
Forum
on
police
and
how
we
police
our
city
in
a
way.
That's
respectful
to
people
and
Ron
was
a
great
participant
in
that
I
rode.
F
That
Ron
is
really
excited
to
have
you
here
permanently
in
this
very
important
position,
and
it's
very
important
moment
in
time
for
our
city
as
we
navigate
how
we
police
in
the
21st
century.
So
thank
you
for
heeding
the
call.
G
Memory
I
think
I
can
keep
this
pretty
short
and
sweet.
You
know
I,
don't
think
that
there's
another
person
in
this
room
or
another
person
that
works
for
the
city,
who
cares
about
the
city
as
much
as
you
do,
or
who's
given
as
much
to
the
city
in
so
many
different
ways,
so
just
want
to
say
thank
you
for
your
service.
I
want
to
say,
congratulations
for
when,
when
you
get
the
results
of
this
vote,.
A
G
Hope
this
means
that
I
get
to
see
you
riding
with
your
swing
bike
with
a
bunch
of
kids
here
in
the
future.
So
thank
you.
H
H
You
know
you
and
I
have
had
quite
a
few
conversations
and
every
time
I've
left
I
thought
this
is
a
man
of
compassion,
and
this
is
a
man
who
has
paid
a
heavy
price
for
his
service,
and
you
know
those
who
are
new
to
our
community
may
not
know
that
about
you,
but
I
know
that
we
know
and
you're
continuing
to
serve,
and
that
means
a
lot.
It
means
a
lot
to
the
people
that
not
only
run
the
city,
but
the
people
that
you'll
be
serving.
H
B
I'm
very
much
looking
forward
to
building
to
conform
to
confirm
you,
sir.
It
my
interactions
with
soon
to
be
chief
winegar
have
been
informative,
I've
learned
so
much
about
policing
in
general,
policing
in
Boise
that,
frankly,
the
culture
of
our
community
and
many
of
the
histories
of
things
that
you
know
have
developed
over
time
and
that's
the
right
person
to
be
in
that
important
leadership
role
that
that
long
accumulated
cultural
knowledge
skills
and
the
ability
to
apply
it
to
a
community
that
I
know.
This
man
loves
very,
very
much
he
he
has
to.
B
He
keeps
coming
back
and
and
taking
on
this
selfless
role.
I'm
impressed
with
you,
you're
inspirational
to
me
in
many
ways
and
I'm
deeply
thankful
that
that
you're
willing
to
do
this
for
us.
B
C
A
I
Madam
mayor
members
of
the
council,
it
is
a
privilege
and
an
honor
to
be
here
this
evening
and
I
graciously
accept
the
appointment
at
this
time,
thankful
for
the
opportunity
to
once
again
serve
the
members
of
this
community
and
the
members
of
our
department.
I
do
in
fact
care
deeply
about
the
organization
the
Boise
Police
Department,
as
well
as
the
city
of
Boise
and
our
Greater
Community
in
this
Treasure
Valley.
It
is,
it
is
with.
I
Trying
to
find
the
right
word
is
difficult
it.
It
is
with
with
gratitude
that
I
look
back
on
the
28
years
that
I
have
spent
here
with
the
city
of
Boise.
I
It
has
been
not
all
rainbows
and
butterflies
if
I,
as
I
have
said
many
times
before,
but
it
has
been
rewarding,
it
has
been
satisfying
and
it
has
been
an
honor
to
serve,
and
I
am
grateful
for
the
opportunity
to
continue
to
serve
now
in
this
role,
as
the
chief
of
police
and
I
will
do
my
best
to
bring
Public
Safety
and
community
service
and
community
policing
with
me
and
and
through
the
department
and
through
the
community,
as
we
partner
together
to
make
sure
that
this
is
a
safe
and
livable
City
for
everyone.
C
C
C
We
will
move
into
the
consent
agenda.
All
items
with
an
asterisk
are
considered
to
be
routine
by
the
council
and
will
be
enacted
by
one
motion.
There
will
be
no
separate
discussion
on
these
items
unless
a
council,
member
or
citizen
so
requests,
in
which
case
the
item
will
be
removed
from
the
general
order
of
business
and
considered
in
its
normal
sequence.
G
F
G
There
is
an
item
number
24
that
I
just
want
to
bring
attention
to,
and
it's
an
mou
between
the
city
of
Boise,
Parks
and
Rec,
and
the
land
trust
of
Treasure
Valley,
with
the
hillside
to
hollow
Reserve,
restoration
and,
if
you're
in
that
area
or
if
you've
worked
with
this
non-profit.
You
know
that
their
end
of
the
deal
isn't
necessarily
the
best
one
they
basically
go
in
and
and
clean
up
after
a
lot
of
the
public.
A
G
The
mou
really
is
the
world's
best
deal
for
the
city
of
the
boy,
the
city
of
Boise,
to
partner
with
the
land
Terrace
of
Treasure
Valley,
to
you
know,
plant
Sagebrush,
you
know
to
do
all
sorts
of
things
to
make
this
area
better
and
it
just
it's
a
reminder
to
me
of
how
lucky
we
are
to
have
these
Partnerships
with
the
non-profit
sector.
Thanks.
F
Mayor
I
also
wanted
to
flag
resolution
230-23,
and
this
is
our
air
service
incentive
program.
I,
don't
see
Rebecca
here,
but
I
thought
I
saw
her
a
little
bit
earlier
this.
This
is
our
affirmation
of
where
we
would
like
to
incentivize
Air
Service
in
the
city,
so
that
people
can
access
Commerce
access,
fun
and
vacations
and
visiting
family,
and
it's
a
really
important
program
that
we
have
so
it's
exciting
to
see
us
Target
some
new
East
Coast
cities.
For
that.
E
B
B
C
We've
got
four
this
evening.
The
first
is
the
appeal
of
PUD
22-3
by
Intermountain
Fair,
Housing,
Council
and
Elon
and
Burke
on
behalf
of
erstad
Architects.
With
this
one
we,
the
Jesse,
Lyle
and
Tim
Keane
Keen,
are
here
to
present
on
the
city
perspective.
We're
gonna
have
because
both
parties
have
appealed
part
of
this.
But
one
is
the
applicant.
The
appellant
that
we're
using
in
terms
of
ordering
is
the
Idaho
Fair
Housing
Council
I
saw
Lori
representing
them
tonight,
Monica,
okay,
great
thanks
and
then
so
we'll
go
and
then
we'll
go
to
the
applicant.
C
I've
got
ursat
app
Architects
on
here,
but
I
think
it's
you
all
right.
Okay,
all
right
and
then
from
there
we
have
if
the
central
binge
neighborhood
association
is
represented.
If
you're,
not
here,
I,
don't
see
Jordan
in
person,
but
if
you're
online
just
raise
your
hand
and
we'll
come
to
you
next
and
then
after
that,
I
have
a
list
of
all
the
parties
of
record
and
so
then
we'll
go
into
folks
that
are
here
in
person
as
well
as
folks
that
are
online
to
testify.
C
And
so,
if
you
come
up,
if
you
know
your
party
record,
that
makes
it
really
easy,
but
I'll
be
trying
to
cross-reference.
At
the
same
time,
it
looks
like
it's
organized
by
it's,
not
organized
alphabetically,
so.
A
C
Might
need
a
moment
to
find
your
name
in
there,
but
otherwise
just
come
on
up
and
after
that
I
don't
have
the
then
it's
the
right.
So
then
it's
the
the
applicant
gets
the
last
word
the
applicant
and
then
the
appellant
again.
So
we'll
do
it
that
way
again
at
the
end,
okay,
with
that
we'll
go
ahead
and
start
I,
don't
think
your
mic's.
J
On
mayor
members
and
Council
Tim
Keane,
director
of
planning
and
development
services,
I'll
present
this
item
tonight.
I
did
want
to
mention
one
thing
mayor
which
is
on
the
agenda.
We
have
an
item
here,
that's
deferred,
I,
don't
know
if
people
are
here
for
that
and
just
to
be
cognizant
of
that
which.
J
Is
the
fourth
item,
the
appeal
Amy
George
there,
oh.
C
J
J
That
I
will
go
ahead
and
present
on
this
item
tonight.
Jesse
Lyle
Force
has
been
handling
this
case
from
the
beginning
and
doing
a
great
job
with
it.
I
will
go
through
a
few
slides
here.
J
If
we
can,
okay
I
see
him
over
there
just
to
help
with
my
presentation
tonight,
a
little
bit
of
background
material
for
the
mayor
and
and
everyone
joining
us
tonight.
This
is
the
case
before
you.
As
the
mayor
said.
This
is
we've
got
two
appeals
on
this
case.
We
received
an
application
for
a
plan,
Planned
residential
development
for
77
multi-family
units.
The
property
is
located.
J
This
property
is
of
just
over
it's
it's
5.26
Acres
at
1093,
Hilton
Street
in
an
R2
residential
Zone,
with
a
variety
of
housing
around
it
and
Commercial
uses
in
the
vicinity.
That's
the
location
of
the
property
there
on
these
maps.
On
the
left,
you
see
the
aerial
on
the
right.
You've
got
the
zoning
map.
J
This
item
would
look
familiar
to
some
of
the
council
members
here,
because
the
Planning
and
Zoning
commission
originally
approved
this
project
and
or
approved
the
the
planned
residential
development,
and
it
was
heard
before
Council
in
October
of
2022
of
last
year
when
that
came
before
Council,
you
had
quite
a
bit
of
discussion
about
it
and
remanded
it
back
to
the
Planning
and
Zoning
commission
so
that
they
could.
One
of
the
big
issues
was
the
noticing
of
the
residents
at
this
location.
J
So
there
was
much
discussion
of
that
at
Council
and
a
desire
to
make
sure
that
people
that
were
living
there
had
sufficient
notice,
then
also
to
hold
another
neighborhood
meeting
and
then
importantly,
to
provide
a
transition
plan
for
the
residents
that
live
on
this
site.
Now
this
is
a
location
of
an
assisted
living
center.
The
applicant
is
seeking
to
change
the
youth
from
the
Assisted
Living
Center
to
those
77
multi-family
units.
So
this
this
is
council's
action.
J
From
October
of
last
year
on
February
13th
of
this
year,
2023,
the
Planning
and
Zoning
commission
held
a
new
public
hearing
for
this
item.
Many
concerns
were
raised
about
what
will
happen
to
the
residents
of
the
facility.
This
was
the
main
issue
that
was
expressed
at
this
hearing,
as
well
as,
as
with
other
hearings,
the
difficulty
of
finding
new
housing
and
housing
that
accepts
Medicaid
without
private
pay,
concerns
about
the
proposed
transition
plan
and
concerns
about
the
kind
of
lack
of
transparency
with
the
current
residents
of
this
location
or
the
Assisted
Living.
J
The
applicant
spoke
to
the
vacancy
rates
at
this
location
and
other
facilities
similar
facilities
as
a
reason
for
the
conversion,
as
well
as
issues
around
the
financial
burden
of
operating
the
facility.
During
the
deliberations,
the
commission
found
the
application.
The
application
generally
met
the
land
use
requirements
for
a
PUD,
a
planned
unit
development,
as
shown
on
the
screen.
So
this
these
are
the
put
the
plan
unit
development
criteria
that
the
Planning
Commission
has
to
consider
when
looking
at
a
an
application
like
this
or
any
application
for
a
planned
unit
development.
J
These
are
the
criteria
that
they
use
in
their
deliberations
around
whether
the
plan
unit
development
should
be
approved
or
not,
and-
and
this
has
to
do
with
all
of
these
issues
related
to
land
use
and
design
and
the
impact
on
the
public
infrastructure
and
these
kinds
of
things.
And
so
you
had
this
discussion
as
the
the
technical
discussion
that
the
Planning
and
Zoning
commission
was
having
related
to
whether
or
not
this
application
met
the
plan
unit
development
criteria.
J
However,
the
much
of
the
discussion
related
to,
of
course,
the
concerns
about
the
residents
that
live
on
this
property
and
and
how
this
Redevelopment
would
impact
them
and
the
fact
that
they
would
be
ultimately,
they
would
be
displaced
from
this
property,
so
that
a
lot
of
discussion
related
to
that
and
and
about
the
the
kind
of
vague
and
and
somewhat
moving
Target
aspect
of
the
transition
plan,
its
lack
of
protection
for
residents,
and
so
as
a
result
of
that,
the
Commission
in
approving
this
plain
unit
development
did
add
conditions
which
you
see
here
on
the
screen
to
the
approval
of
the
project.
J
Number:
two
upon
identification
of
that
new
housing
for
the
tenants,
the
application
applicant
would
pay
for
relocation,
expenses
and
the
Planning
and
Zoning
commission.
You
use
the
re
uniform
relocation
act
as
a
guide
here
in
terms
of
what
those
costs
would
be,
because
the
uniform
relocation
act
has
a
schedule
for
what
those
costs
should
be
for
any
one
of
a
different.
You
know
if
you're,
a
studio
apartment
or
a
one
bedroom,
two
bedroom,
three,
three
bedroom.
J
What
those
costs
should
be
that
the
in
this
case
the
applicant
would
be
paying
for
the
relocation
of
people
that
are
currently
on
this
property
and
then
the
third
condition
was
that
there,
if
the
new
new
housing
that
the
is
found
for
the
existing
residents
is
more
expensive
than
what
they're
currently
paying
than
the
applicant
would
have
to
provide
the
difference
in
cost
of
the
new
housing
from
the
current
rent
for
a
period
of
three
years
or
alternatively,
the
applicant
could
make
a
lump
sum
payment
to
each
of
the
residents
again
following
the
schedule
that
is
maintained
by
Hud
through
the
uniform
relocation
act.
J
So
these
conditions
were
added
to
the
approval
of
this
plan
unit
development
by
the
the
Commission
in
on
February
13th
of
2023.
So
we
have
two
appeals.
As
the
mayor
mentioned
tonight,
one
is
from
Intermountain,
fair
housing,
the
Intermountain
Fair
Housing
Council
and
the
other
is
from
the
applicant.
The
Intermountain
Fair
Housing
Council
appealed
the
commission's
decision
to
approve
the
plan
unit
development
and
the
ground
for
their
appeal
are
shown
here
on
the
on
the
slide.
J
The
applicant,
on
the
other
hand,
is
only
appealing
the
conditions
added
by
the
commission
at
the
February
meeting.
There's
no
evidence
to
demonstrate
the
commission
aired
in
their
decision.
The
city
is
responsible
for
administering
the
zoning
code
and
approving
conditional
use
permits
based
on
that
criteria.
That
I
showed
for
plain
unit
development
earlier
in
the
slideshow
and
not
other
regulations
that
may
apply
to
applicant,
or
you
know,
landlord-tenant
relationships
that
come
from
other
levels
of
government.
J
J
And
finally,
the
commission
considered
all
testimony
and
asked
questions
for
clarification
during
the
hearing
within
that
public
realm
and
in
response
to
the
testimony
that
they
received,
the
commission
asked
Claire
questions
for
answers
and
also
for
clarification.
They
also
deliberated
extensively
over
their
findings
and
found
them
with
sufficient
evidence
to
approve
the
plan
unit
development
request,
with
those
added
conditions
of
approval
relating
to
how
those
that
are
living
on
the
property
right
now
would
be,
would
would
be
assisted
as
a
result
of
this
relocation,
so
that
relates
to
that
first
appeal.
J
The
applicant,
the
appeal
ground
submitted
by
the
applicant,
are
here
on
on
the
screen.
Now,
however,
there's
no
evidence
to
demonstrate
the
Planning
and
Zoning
commission
aired
in
its
decision
to
add
conditions
of
approval
to
this
plan
unit
development
approval.
The
commission
has
the
authority
to
impose
conditions
that
proportionally
mitigate
impacts
of
any
development
requiring
a
conditional
use
permit.
The
commission
discussed
the
city-wide
impacts
of
allowing
this
conversion
and
the
comprehensive
plan
goals,
both
in
support
and
opposition
to
the
conversion.
J
They
also
heard
testimony
from
the
public,
as
well
as
from
the
applicant
about
the
challenges
of
finding
housing.
You
know
for
those
that
would
be
displaced.
The
conditions
imposed
by
the
Commission
address
these
concerns
by
addressing
the
comprehensive
plan
goals
that
protect
vulnerable
populations.
The
commission
also
utilized
a
widely
accepted
program.
The
uniform
relocation
act
as
a
guideline
to
provide
a
reasonable
condition
for
both
the
tenant
and
the
applicant
Additionally.
The
commission
heard
testimony
about
the
varying
timelines
for
pay
associated
with
the
the
tenants
here
leading
to
the
adoption
of
the
three-year
subsidy
time
period.
J
B
J
Impacts
Beyond
just
the
site,
considering
the
vulnerability
of
this
population
and
so
forth,
and
and
felt
really
felt,
like
you
know,
when
you
take
into
account
the
criteria
around
the
plan
unit
development,
which
is
a
set
of
criteria
that
you
apply
to
any
request
for
conditional
use,
permit
or
a
plan
unit
of
our
planning
and
development
that,
within
the
context
of
the
land,
use
requirements
that
the
application
met
those
requirements.
J
So,
in
conclusion,
the
planning
team,
the
planning
department,
recommends
the
connect.
The
council
deny
both
appeals
and
uphold
the
commission's
decision
to
approve
the
planning
unit
development
with
the
added
conditions,
as
the
request
meets
the
required
findings
and
complies
with
the
requirements
of
the
development
code.
J
Yeah
mayor
I,
put
that
note
at
the
beginning-
and
we
did
receive
a
letter
this
afternoon
from
Intermountain
fair
housing
who,
as
I
mentioned,
is
one
of
our
appellants
tonight,
appealing
the
approval
of
the
Planning
Commission
action
to
approve
the
plan
unit
development
and
we
did
receive
a
request
from
them
this
afternoon
for
mediation.
G
Mary,
yes
thanks
Tim,
so
in
the
planning
zoning
commission
meeting,
they
referred
to
some
specific
areas
in
the
comprehensive
plan
for
that
I
think
it's
the
fifth
criteria
of
whether
it
meets
and
I'm.
G
And
this
is
where
they
really
felt
like
these
don't
align
with
some
or
align
with
some
of
the
things
that
are
mentioned
or
directly
referred
to
in
the
comprehensive
plan.
I
can
look,
those
up
I,
actually
gotta
got
them
in
the
transcripts
on
page
183
of
the
509
page
packet
or
90,
or
page
94
on
there
I'm
wondering
if
you,
even
if
you
don't
know
the
specific
ones.
If
you
can
speak
to
some
of
the
areas
of
the
comprehensive
plan
that
the
Planning
and
Zoning
commission
were
concerned
about.
J
Well,
the
areas
where
the
the
Planning
and
Zoning
commission,
the
area
that
they
were
concerned
about,
has
entirely
to
do
with
the
vulnerability
of
the
existing
residents.
The
the
evidence,
because
the
comprehensive
plan
plan
speaks
to
This
concerns
around
displacement
of
vulnerable
populations
in
the
city
and
what
the
impact
of
housing
Redevelopment
would
have
upon
them.
So
it
speaks
to
the
community,
the
city,
applicants,
city,
council,
the
Planning
and
Zoning
Commission.
J
Finding
ways
to
help
people
that
are
facing
displacement,
find
new
housing
and
provide
the
financial
support
needed
to
to
transition
to
new
housing
in
cases
where
this
occurs.
So
there's
several
references
to
that
within
the
comprehensive
plan
because,
as
you
know,
the
comprehensive
plan-
and
this
was
mentioned
in
the
Planning
and
Zoning
commission
meeting-
has
a
whole
host
of
goals,
some
of
which
relate
to
land
use
and
development
which,
on
one
side
of
this,
you
have
with
the
plain
unit
development
request.
G
Metamere
just
follow
up
there.
I
can
do
some
some
looking
up
on
some
of
the
specific
ones,
I
think
at
the
end
of
tonight.
Maybe
when
Steph
comes
back,
if
you
are
able
to
pull
any
of
those
up
just
so,
we
can
see
the
specific
ones
that
they
referred
to
and
I
can
I
can
give
you
those
as
well
but
they're
on
page
94
of
the
transcript
or
page
183
of
the
entire
packet.
K
Yeah
man
Tim
with
respect
to
the
request
from
Intermountain
for
housing
on
mediation.
Has
there
been
a
conversation
with
the
parties
to
determine
whether
there's
willingness
to
engage
in
mediation
on
this
issue?
We.
K
C
Yes,
so
it
would
be
an
action
of
counsel,
so,
what's
entirely
appropriate.
Is
that
you
ask
both
parties
if
they're
willing
to
I
mean
council
could
demand
mediation,
but
mediation
works
when
both
parties
are
willing.
So
if,
if
you,
if
you
would
like
to
ask
that
question,
make
a
motion
related
to
that
entirely
appropriate,
it's
it's
a
decision
that
Council
would
ultimately
make.
K
I
actually
would
like
to
ask
if
parties
are
willing
to
do
a
mediation,
I
mean
I'll,
I,
guess
I'll
State.
My
my
concern
here
right,
especially
having
represented
vulnerable
populations
in
this
in
this
area,
is
that
you
know
there's
the
possibility
of
still
displacement
by
just
regular
landlord
tenant
law.
Right
they've
got
leases,
they
can
terminate
leases
or
they
can
cease
operations.
K
So
I'm
concerned
that
the
posture
of
potentially
walking
away
from
the
ability,
in
light
of
the
conditions
that
the
planning
Utility
Commission,
put
places
this
this
population
in
a
vulnerable
position
regardless,
and
so
I
would
like
to
determine
if
the
parties
are
willing
to
engage
in
mediation,
foreign.
A
C
This
is
I
was
just
having
a
conversation
with
Council
about
this.
We
can
ask
the
parties
right
now,
but
mediation
is
more
effective
if
it's,
if
it's
narrowed
in
Focus,
so
it's
it
actually
would
be
advisable
that
we
hear
from
all
the
parties
and
then
I
think
that
that
would
help
counsel
narrow
the
request.
If
we've
heard
from
the
presentations
as
planned
this
evening,
and
then
you
all
could
determine
if
you'd
like
to
make
that
ask
with
a
narrowed
Focus
based
on
what
you've
heard
and
see
if
parties
are
willing.
B
H
Tim
I
need
some
clarification
on
the
uniform
relocation
act.
Was
that
you
just
as
a
guide
in
terms
of
compensation
for
relocation,
or
was
it
called
into
law
as
part
of
the
standing
of
the
case.
J
Well,
it
was
used,
and,
and
by
the
by
the
Planning
and
Zoning
commission,
as
a
guide
for
because
you
know
they
were
concerned
about
just
choosing
arbitrarily.
You
know
amounts,
for
instance,
to
say
Hey
you
will.
You
will
help
them
at
the
at
the
amount
of
x
per
unit
relocate
so
to
tie
it
to
their
uniform
relocation
act
gave
them
some
some
sense
of
credibility
around
what
those
amounts
would
be,
because
the
amounts
within
the
uniform
relocation
act
are,
of
course,
constantly
updated
to
do
to
deal
with
the
real
costs
of
today.
H
J
B
So
Madame
mayor
a
question
for
Tim,
so
I
want
to
make
sure
I
understand
the
staff's
position
with
respect
to
the
applicant's
appeal
and
I
I
think
the
staff's
recommendation
is
affirm
the
Planning
and
Zoning
commission's
decision
to
add
those
three
additional
conditions,
because
that
finding
and
determination
by
the
Planning
and
Zoning
commission
was
supported
by
the
element
of
the
Pud
test.
That
says,
look
to
the
comprehensive
plan
and
then
in
particular
the
comprehensive
plan
considers
the
well-being
of
vulnerable
populations
in
our
city
displacement.
B
L
That
first
really
quickly
I'm
Monica
Fabi,
with
Intermountain
for
Housing
Council,
located
at
4696,
West,
Overland,
Road,
83705
and
I
live
at
630,
South,
Curtis,
Road,
83705
I
speak
on
behalf
of
appellate
ifhc
and
I
would
say
that
ifhc
would
be
happy
to
participate
in
a
mediation
process
and
is
hopeful
that
something
could
be
reached.
That
would
be
make
all
parties
satisfied
with
regard
to
our
appeal.
L
Boise
considers
a
planned
unit
development
to
be
a
procedure
that
provides
an
opportunity
for
creative
Land
Development
and
preserves
natural
features,
allows
efficient
provision
of
services
and
provides
common,
open
spaces
and
other
amenities
not
found
in
traditional
lot
by
lot
development
plan.
Developments
are
intended
to
provide
certain
benefits
to
the
public
and
to
the
developer,
which
may
include
a
variety
of
housing
types
reduction
in
lot,
sizes,
modified
building
setbacks
and
phasing
plans.
L
So
the
city
had
every
right
to
deny
the
destruction
of
115
Assisted
Living
housing
options
so
that
an
investment
company
could
increase
its
profits
and
should
have
because
preservation
of
housing
options
is
an
important
pillar
to
include
all
people
in
the
community,
for
example,
as
our
community
continues
to
continue
to
experience
growth
in
Rising
housing
prices.
The
city
of
Boise
recently
preserved
the
existing
affordable
housing
of
a
mobile
home
park.
L
The
city
purchased
Sage
mobile
home
park,
a
two
acre
Mobile
Home
Park,
located
in
Boise
bench
also
recently,
another
large
Investment
Company
was
granted
its
Cup
on
conditions
that
protected
the
residents
at
rydenbaugh
apartments,
while
actually
purchasing
the
property
to
preserve.
It
is
one
option,
so
is
using
the
right.
This
City
reserves
to
deny
a
PUD
to
preserve
the
types
of
housing
available
within
a
community
and
make
Boise
better
Boise
sh
LLC
the
LLC
expressed
no
appreciation
for
the
city's
Grace
and
comes
here
to
argue
that
they
should
be
granted
more
grace.
L
They
argued
that
if
these
site-specific
conditions
remain,
they
will
be
significantly,
they
will
significantly
exacerbate
the
economic
burdens
that
will
render
The
Proposal
new
proposed
new
use
of
the
property
impossible
and
will
result
in
a
shutdown,
while
no
one
wants
to
see
a
ship
out
down
for
the
families,
depending
on
this
Housing
Resource.
What
the
LLC
wants
to
do
already
is
already
a
shutdown.
The
LLC
purchased
this
property
as
an
assisted
living
facility
with
all
the
burdens
that
carries
and
now
wishes
for
special
exceptions
to
remove
this
precious
resource
from
the
community.
L
The
city
code
is
not
intended
to
bail,
bail
out
llc's
that
enter
into
highly
regulated
industry
with
a
poor
business
plan.
It
is
intended
to
make
Boise
a
livable,
desirable
Community
for
all
residents.
If
the
LLC
wants
out
from
under
its
burden,
it
should
considers
selling
to
an
entity
that
wishes
to
run
the
property
as
an
assisted
living
facility.
L
The
LLC
argues
that
the
issue
of
the
last
meeting
was
limited
to
whether
notice
was
proper
in
the
city
had
no
grounds
to
place
conditions
on
its
approval,
but
the
city
always
had
grounds
to
place
conditions
on
a
PUD.
This
condition
these
conditions
are
not
enough.
They
should
be
more
beneficial
to
the
current
residents
or
the
approval
should
be
not
be
granted.
The
conditions
do
not
amount
to
a
complete
economic,
taking,
as
the
LLC
suggests.
Multiple
properties
like
this
have
models
that
are
workable
with
a
solid
business
plan.
L
This
company
should
be
able
to
operate
as
profitably
as
any
other
assistive
living
facility
in
Boise.
The
LLC
chose
this
property
with
all
of
its
burdens,
considering
federal
state
and
city
law
residents
have
a
constitutional
property
property
interest
in
their
residential
in
their
rental
properties
and
their
Reliance
on
the
federal
state
and
city
laws
that
protect
them
being
observed.
L
L
If
they
wanted
to
a
property,
free
and
clear
of
those
burdens,
they
should
have
purchased
undeveloped,
land
or
an
old
hotel
to
refurbish
these
conditions
do
not
interfere
with
any
contract
between
the
LLC
and
any
tenant.
This
would
be
an
obligation
to
the
city
in
exchange
for
the
city's
approval
that
is
greater
than
its
contractual
obligation
to
the
10
tenants.
No
lease
would
require
revision,
while
the
city
may
be
under
the
impression
that
there
are
no
HUD
requirements
related
to
the
property.
L
L
Ifhc
believes
that
the
city
made
a
fair
housing
act
error
in
not
weighing
the
foreseeable
results
of
a
decision
to
Grant
the
Pud,
because
it
is
foreseeable
that
this
decision
only
adversely
affects
people
with
disabilities
and
may
force
people
with
such
disabilities
into
more
institutionalized
care,
including
hospitals,
skilled
nursing
facilities
and
move,
and
the
move
alone
will
exacerbate
the
disability
of
people,
disabilities
of
people
who
experienced
emission
dementia.
This
does
not
even
address
the
fact
that
some
people
may
not
be
able
to
secure
suitable
housing
and
could
end
up
homeless,
since
this
is
foreseeable.
L
It
takes
this
land
use
decision
from
a
possible
disparate
impact
claim
under
the
Fair
Housing
Act
to
a
disparate
treatment
claim
there
is,
or
was
no
known
person
living
at
Arbor
Village.
That
has
expressed
that
this
action
is
not
adverse
to
their
protected
class
and
their
disability
related
interests.
Additionally,
when
accepting
cbdg
funds
other
and
other
Federal
funding,
the
city
agreed
to
affirmatively
further
fair
housing.
As
such,
the
city
aired
approving
any
plan
or
program
that
adversely
affects
a
disproportionate
number
of
people
of
any
particular
protected
class.
L
L
16.03.22.97
lays
out
the
limited
reasons
that
an
assisted
living
facility,
May
transfer
residents,
and
they
are
violation
of
the
rules
by
the
resident
violation
of
Resident
rights
by
another
Resident
The
Faculty
facility
becoming
unlicensed,
but
any
entities,
but
an
entities
aforementioned
duty
to
cooperate
to
maintain
licensure,
prevent
intentionally
losing
licensure.
There
is
a
present
and
imminent
danger.
L
The
LLC
testified
in
hearing
that
they
would
transfer
residents
to
appropriate
alternative
facilities,
but
they
have
not.
They
have
no
authority
to
do
so.
If
the
resident
does
not
volunteer
for
such
transfer
and
none
of
the
limited
reasons
within
the
law
support
a
voluntary
transfer,
City
and
law
policy.
The
city
has
a
policy
to
analyze
of
analyzing
demand
for
housing
decisions.
It
is
called
a
demand
analysis
that
is
in
this
is
input
as
evidence
that
gives
the
city
reasons
to
deny
the
Pud
altogether.
L
When
considering
how
to
estimate
housing
demand,
the
city's
demand
analysis
considers
earlier
approaches.
Additional
factors,
such
as
cost
burning
households,
homelessness,
need
for
consideration
to
promote
opportunities
for
Boise
populations
into
stem
poverty
through
an
equity
lens
that
considers
marginalized
communities
most
drastically
affected
by
the
changes
in
the
housing
market.
The
city's
own
internal
analysis
indicated
that
in
2016,
the
overall
population
of
seniors
in
Boise
and
Ada
County
was
projected
to
increase
from
approximately
fifty
five
thousand
to
sixty
seven
thousand.
This
is
a
27
percent
increase
over
10
years.
L
According
to
the
Boise
City
Idaho
analysis
of
impediments
to
fair
housing,
Choice
June,
2016,
1400,
very
low
income,
Elder
Lee,
renters
and
homeowners
already
report
having
a
housing
problem
as
defined
by
Hud,
which
which
are
defined
as
either
lacking
complete
kitchen
or
Plumbing
facilities,
overcrowded
or
as
a
cost
burdened
household
of
those
senior
renters
at
the
very
lowest
income
levels,
50.1
percent
to
80
percent
31.1
to
50
50
and
30
percent
Ami,
or
below
68
68
and
79,
respectively
experience
one
or
more
of
the
housing
problems
already.
L
This
highlights
the
urgent
need
by
the
city
to
increase
quality
housing
options
for
very
low
income
and
disabled
seniors,
instead
of
removing
over
115
units
of
Supportive
Housing
from
our
specialized
senior
disabled
housing
inventory.
While
the
LLC
contends
that
the
city
does
not
have
a
statutory
authority
to
impose
condition,
the
city
has
implied
Authority,
present
and
precedented
authority,
and
there
is
no
Authority
conflicting
the
city's
implied
and
precedent
authorities.
L
The
city's
conditions
may
even
be
less
arduous
than
the
idapa
regulations
for
failing
to
maintain
licensure,
which
lend
Credence
to
the
city's
implied
authority
to
impose
conditions
on
the
discretionary
approval.
Finally,
as
a
reminder,
Boise
sh
LLC
proposed
conditions
and
now
indicates
an
unwillingness
to
comply
with
conditions
which
makes
one
Wonder
as
to
the
good
faith
of
Boise
SH
llc's
word.
L
The
city's
decision
to
approve
was
not
supported
by
substantial
evidence
to
approve
the
Pud
Boise
sh
LLC
did
not
offer
a
credible
information
as
to
their
transfer
of
residence,
meant
the
requirement
of
the
idapa
for
involuntary
transfer.
The
LLC
provided
no
credible
evidence
that
they
had
grounds
for
involuntary
transfers
of
residents,
considering
their
idapa
obligations
to
coordinate
with
maintaining
licensure.
L
It
is
not
disputed
that
the
conversion
represents
a
net
loss
of
150
units
of
our
City's
supported
housing
inventory
from
115
to
17
units
of
unsupported
housing,
a
33
percent
decrease
in
overall
housing,
notwithstanding
the
incredible
callous
comparison
of
some
incredibly
callous
comparison
of
some
most,
some
of
the
most
vulnerable
human
beings
in
our
community
to
fuel
tanks.
The
analogy
of
converting
from
a
gas
station
to
a
cafe
is
a
good
but
ignores
the
evidence
both
have
specific
state
and
federal
regulatory
requirements
and
in
removal
of
gas
tanks
and
transferring
people
with
disabilities.
L
The
city
would
not
allow
a
gas
station
to
remove
its
tanks
without
meeting
health,
safety
and
environmental
requirements
of
the
state
and
federal
government,
but
in
this
case
the
LLC
has
not
provided
any
evidence
that
it
has
proper
grounds
for
removing
any
residents
involuntarily
or
that
it
has
a
viable
plan
that
complies
with
the
FHA
or
idapa
arbitrary
and
capricious
the
city
may
not
make
arbitrary
and
capricious
decisions
and
discretionary
matters
to
avoid
capricious
decisions.
It
may
not
make
a
decision
that
contradicts
constitutional
state
or
federal
laws
to
avoid
an
arbitrary
decision.
L
L
One-03-047
with
the
final
one
being
the
proposed
use
is
in
compliance
with
the
comprehensive
plan.
Idaho
code,
67-6512
local
land
use
planning,
act,
Lupa
statute
States,
a
special
use
permit,
may
be
granted
to
an
applicant
if
the
proposed
use
is
not
in
conflict
with
the
plan,
as
demonstrated
earlier
in
the
dis
decision
to
approve
the
Pud
conflicted
with
residents
constitutional
property
interest,
the
FHA
and
idapa,
since
the
comprehensive
plan
makes
a
special
call
out
to
exercise
additional
care
when
it
comes
to
housing
for
our
City's
most
vulnerable
populations.
L
Ifhc
asserts
that
the
Planning
and
Zoning
commission
aired
in
relying
entirely
on
the
provisions
from
zoning
code
and
ignoring
any
comprehensive
plan
positions
that
are
in
opposition
to
the
applicants,
such
as
the
housing
programs.
With
regard
to
the
Pud,
the
LLC
compares
the
taking
of
fees
to
the
transfer
of
liquor
licenses,
which
which
the
state
of
Idaho
grants
to
cities,
The
Limited
authority
to
transfer
liquored
licenses
within
their
city
limits
with
the
conditions
of
the
city
placed
on
on
approval
for
the
llc's
planned
unit
development.
L
The
analogy
fails
because
in
this
manner
the
city's
approval
is
not
mandatory
or
governed
by
the
Legislative
law.
It
is
discretionary
and
it
is
common
for
cities
to
require
conditions
when
a
project
is
being
assessed
for
approval
based
on
whether
it
betters
the
community's
cities
are
only
limited
by
states
by
States
in
their
Authority
by
the
law
that
particularly
prohibits
its
Authority.
No
such
state
law
prohibits
the
city
from
placing
conditions
even
expensive
ones,
on
the
approval
of
a
discretionary
land
use.
L
The
city
does
not
Place
conditions
on
the
current
use
of
the
land
and
the
LLC
can
con
continue
using
the
property
in
the
way
that
it
was
originally
planned.
But
if
it
wants
the
city
to
use
its
discretion
to
allow
a
change
in
the
planned
use
that
was
originally
granted
by
right
under
the
City
Planning
and
Zoning
code
that
adversely
affects
over
90
percent
over
90
disabled
people
in
it,
it
is
reasonable
that
the
city
require
conditions
for
the
protection
of
those
residents
in
exchange
for
the
approval
of
discretionary
use.
Obviously,.
C
M
Yeah
Monica
I
have
some
questions
about
the
payer
sources
for
the
individuals
that
are
in
the
assisted
living
facility.
Are
these
questions
that
you
can
answer?
I,
don't
quite
understand
the
relationship,
if
there's
an
official
relationship
between
the
residents
and
your
organization,
if
you
could
just
help.
A
M
Okay,
do
you
have
an
idea
of
how
many
of
these
residents
are
receiving
Medicaid
services
that
pay
for
their
their
Assisted
Living
stay.
L
Since
we
don't
represent
every
one
of
the
people,
there
I
can't
give
a
percentage
or
a
particular
number,
but
I
can
say
that
a
fair
number
of
people
do
and
the
applicant
may
be
able
to
be
more
specific
about
that.
Another.
M
Question
another
question
about
that:
Madame
mayor
is,
it's
generally
a
standard
practice
at
facilities
that
if
someone
is
going
to
eventually
be
a
Medicaid
resident,
that
they
have
one
two-year
period
where
they
private
pay,
even
if
they
can't
afford
it?
L
Councilman
Nash
I
I
can
I
happen
to
be
able
to
answer
that
question,
because
my
mother-in-law
for
a
brief
period
was
there
before
this
management
and
at
that
time
there
was
a
verbal
explanation
that
they
could
live
there
paying
privately
until
they
spent
down
the
amount
of
money
that
was
the
resource
of
the
patient
or
resident,
and
that
at
that
point
in
time
they
would
allow
them
to
continue
in
Medicaid.
And
that
was
the
same
thing
that
we
heard
from
all
of
the
assisted
livings.
L
Most
of
them
indicated
that
they
would
not
take
someone
who
was
already
on
Medicaid
and
so
I
can't
speak
to
the
exact
policy
of
appellate
applicants,
and
so
I
think
it
would
be
only
fair
to
let
them
feel
that
question
themselves
as
well,
but
Lori
might
be
able
to
give
a
little
bit
more
information
about
I.
N
Was
I
was
just
going
to
add
I
know
we
have
one
client
from
the
facility,
that's
an
ifhc
client,
and
that
is
her
the
case
with
her.
She
spent
down
her
savings
to
be
there
was
promised
it
would
be
her
forever
home
and
now
is
looking
at
being
displaced
and
without
any
private
pay.
Any
savings
Etc.
You
know
it'll
be
much
more
challenging
to
find
a
place
for
her
to
go.
M
N
O
B
C
B
And
then,
in
exchange,
it's
common
to
have
a
promise
to
keep
the
tenant
at
the
facility
or
the
property
until
the
tenant
no
longer
has
to
be
no
longer
will
be
there.
I
guess
what
I'm
trying
to
get
my
head
around
is
like
and
I'm,
not
saying.
This
is
the
business
model
here,
but
is
there
a
business
model
where
you
collect
a
lot
of
elderly
people
savings
up
front
in
return
for
a
promise
to
keep
them
for
a
long
time
at
the
lower
Medicaid
payment
and
then
close
down
the
business
and
profit?
B
Maybe
more
than
was
representative
people
I.
G
Yeah
I
want
to
be
clear
that
I
understand
what
you're
you're
asking
in
your
testimony,
so
I
think
what
you're
asking
is
that
we
just
denied
the
Pud,
but
then
I'm
also
kind
of
wondering.
If
that's
the
case
like
then
what
are
the
next
steps
and
what
is
the
best
interest
of
the
folks
that
live
there?
G
Because
my
observation
and-
and
please
tell
me
if
I'm
wrong-
is
that
you
know
we
heard
this
in
front
of
planning
and
zoning
and
what
they
saw
was
that,
like
the
best
thing
that
we
think
we
can
do
to
address
the
needs
in
the
comprehensive
plan
with
these
vulnerable
community
members
is
try
to
figure
out
conditions
that
can
help
them
going
forward
and
I.
Think
what
I
hear
you
saying
is
those
conditions
don't
really
matter.
We
just
want
the
application
shut
down.
Is
that.
L
Our
argument
is
that
the
PUD
should
be
denied
that
the
business
should
be
continued
running
as
an
assisted
living
and
I
understand
that
the
applicant
has
indicated
that
they
can't
afford
to
do
that,
which
means
they
may
need
to
look
for
a
buyer
who
can
afford
to
do
that.
They
have
responsibilities
under
idapa
to
run
it
as
that
kind
of
a
business
until
everyone
is
either
has
voluntarily
left
or
they
have
a
licensure
to
keep
and
they
have
to
comply
with
idapa
for
as
long
as
they're
running
that
business.
L
So
you
know
whether
they
run
it
or
another
entity
that
they
find
to
take
it
over
runs
it
either
way.
That's
that
that
keeps
that
that
housing
option
as
an
assisted
living
for
those
families
that
live
there,
regardless
of
who
runs
that
facility.
G
L
If
the
city
was
to
choose
to
not
deny
the
puc
or
PUD
pardon
me,
thank
you,
ifhc
would
participate
in
negotiating
whatever
conditions
were
in
the
best
interest
of
the
families
that
lived
there
and
that
were
satisfactory
to
the
applicant.
The.
G
If
yes,
because
if
we
don't,
if
there
isn't
an
agreement
to
go
into
mediation,
there's
a
chance
that
the
council
is
going
to
have
to
put
on
some
of
those
additional
conditions
tonight
or
would
have
an
opportunity
to
put
on
some
of
those
additional
conditions
tonight.
So
do
you
know
what
those
additional
conditions
any
of
them
would
be.
N
I
I
would
definitely
just
add
one
more
which,
for
this
population,
transportation
is
hugely
challenging.
A
lot
of
people
are
in
wheelchairs
or
have
mobility
issues
and
to
be
transported
to
look
at
other
facilities.
Is
you
know,
trying
and
cost
a
lot
of
money
out
of
pocket,
so
we'd
like
to
see
something
added
for
transportation
for
sure.
Thank.
C
I
hear
you
both
saying
we
should
deny
this
and
in
my
mind,
then
mediation
wouldn't
work.
If
that's
your,
if
that's
your
line
of
you
know
going
into
mediation,
but
then
I
also
hear
you
say:
you'd
like
to
be
involved
in
negotiating
the
conditions.
So
what
is
it
in
your
request
for
mediation?
Were
you
in
anticipating
would
be
mediated.
L
Exactly
what
Lori
said
that
they
would
also
get
Transportation
help
to
look
at
new
facilities
and
I
I
have
to
point
out
that
the
mediation
requests
that
ifhc
submitted
was
denied
and
that
the
mediation
requests
that
we're
talking
about
is
the
one
from
an
actual
affected
party.
Someone
who
lives
on
the
facility,
and
so
their
their
wishes
may
be
more
specific.
Okay,.
N
I
can't
remember
the
language
also
submitted
one,
so
there's
two
and
the
intent
is
that,
basically,
you
know,
can
we
explore
as
a
community
a
way
to
save
this
like
critical
infrastructure
that
have
that
we
haven't
had
the
time
or
intention
or
the
willingness
to
do
so,
and
there
have
been
some
preliminary
meetings
to
talk
about
options
like
some
federal
funding,
other
ways
to
save
those
Medicaid
beds
for
our
community,
but
there
just
hasn't
been
enough
time.
It
could
be.
B
A
couple
of
things
because
I
think
we're
going
to
be
discussing
mediation
later
think
about
it
for
your
rebuttal.
We
can't
have
you
coming
to
us
and
saying
we
represent
one
individual
client
and
then
also
this
group
and
this
appeal
we're
willing
to
mediate.
But
then
the
interests
of
our
one
individual
client
might
be
adverse
to
the
mediation
and
could
cause
a
problem.
We
need
some
kind
of
Consolidated
representation
from
you
that
you
can
immediate
on
behalf
of
everybody.
B
B
To
mediate
after
you've
lost,
so
what
we're
going
to
talk
about
at
the
end
of
this
is
whether
to
mediate
this
at
all
and
I.
Think
what
the
mayor
is
trying
to
get
from.
You
is:
what,
specifically,
would
you
be
willing
not
to
bring
to
the
table
but
to
negotiate
or
talk
about
in
that
mediation?
If
that's
the
direction,
we
go.
N
M
I
have
a
question
for
Mr
Keane.
If
you
would
yield.
M
Mr
Keane,
it's
my
understanding
that
there
is
a
the
Planning
and
Zoning
is
acted
on.
The
modern
zoning
code
and
I
just
want
to
understand
how
would
applications
that
are
we're
considering
now
be
affected?
Should
the
zoning
code
change
during
this
process,
for
example,
if
do
old
applications
get
grandfathered
into
the
old
rules
or
if
a
new
application
emerges
after
the
zoning
code
changes?
How
would
that
affect
this?
Well.
J
Yes,
approvals
that
occur
before
the
new
zoning
ordinance
is
adopted
would
be
subject
to
the
rules
that
were
in
place
when
that
approval
occurred.
So
it
wouldn't
be
until
the
effective
date
of
the
new
ordinance
that
you'd
be
operating
under
the
new
rules
and
Council
will
make
that
decision.
Regarding
the
effective
date
when
this
comes
to
you
in
June,.
P
I'm,
the
vice
president,
DiNapoli
Capital
Partners
we're
the
owner
of
Arbor
Village.
Our
company
corporate
address
is
3021
Citrus,
Circle,
Suite
130
and
that's
Walnut
Creek
California
94598
Madam
mayor
members
of
the
council,
we're
here
to
respectfully
request
that
the
council
affirm
PUD
22-3,
but
remove
the
three
site-specific
conditions.
Number
two
number
three
number
four,
and
there
are
a
few
reasons
we're
making
this
request.
P
First,
the
commission's
decision
to
impose
you
three
conditions
exceeds
its
statutory,
statutory
Authority
and
imposing
these
conditions
we're
talking
about
government
overreach
into
private
agreements.
We
have
individual
leases
with
each
and
every
resident.
These
leases
have
been
reviewed
and
approved
by
the
state
licensing
agency.
These
leases
have
been
reviewed
and
signed
by
residents
and
their
families.
These
are
terms
they
agreed
to
the
leases
provide
that
the
lease
may
be
terminated
with
30
days,
advance
notice
by
other
party.
This
is
a
binding,
binding
contract
between
us
and
the
residents.
P
B
Not
a
mayor
I've
read
that
in
your
memo,
but
I
didn't
understand
it.
You
can't
just
contract
around
the
law
and
the
point
that
was
made
in
the
Planning
and
Zoning
commission
was,
if
you
are
going
to
receive
this
benefit
in
a
change
in
land
use.
You
need
to
do
some
things
to
take
care
of
some
people,
and
one
of
the
things
you
need
to
do
is
make
one
of
your
lease
terms
that
you'll
be
performing
more
generous
by
giving
them
more
notice.
B
P
P
Think
the
question
is
that
this,
the
lease
has
been
approved
by
the
state
licensing
agency
and
we've
checked
with
a
lot
of
people.
Lawyers
attorneys,
you
know
about
our
ability
to
execute,
follow
that
lease
and
we're
okay
and
understand
your
point
that
we're
asking
for
something
special
do.
P
Second,
these
conditions
actually
violate
the
law.
Many
of
our
residents
use
government
funds
to
pay
for
our
services
through
Medicaid
they're,
a
very
strict
Financial
requirements
to
qualify
for
Medicaid,
including
income
and
asset
requirements.
This
is
closely
monitored
the
conditions.
Can
the
commission's
conditions
include
payments
to
these
residents?
However,
Not
only
would
such
payments
be
fraudulent
and
potentially
legal
under
Medicaid
rules.
Such
payments
could
actually
result
in
the
Resident
being
removed
from
the
Medicaid
Program
entirely,
which
would
leave
them
in
a
substantially
worse
position.
P
Next,
we
struggle
to
understand
how
the
specific
conditions
were
arrived
at,
as
there
doesn't
appear
to
be
any
explanation
given.
For
example,
at
the
last
hearing,
the
interact
Intermountain
Fair
Housing
Council
filed
in
a
PR
requesting
90
to
100,
to
120-day
advance
notice
to
vacate
I,
stood
in
front
of
the
commission
and
indicated
we
plan
to
offer
120
days
of
mass
notice.
Yet
the
commission
arbitrarily
arrived,
it
arrived
at
a
one-year
requirement.
P
Well,
I
believe
the
commission
had
good
intentions,
the
imposed
conditions,
don't
actually
address
the
problem,
in
fact,
I
believe
they
do
the
opposite
and
potentially
make
it
worse.
We
started
this
process
because
of
financial
burdens
that
we
and
the
industry
as
a
whole
face
like
any
business.
We
hope
that
our
income
is
enough
to
pay
our
expenses
when
our
Revenue
drops
and
our
expenses
jumped
dramatically.
That
is
the
recipe
for
disaster
and
that's
the
problem
we
currently
face.
B
B
There
was
some
discussion
earlier
with
the
I
guess
nominally
the
appellant
here
about
a
business
model
where
you
take
assets
up
front,
spend
those
down
the
person
then
qualifies
for
Medicaid.
You
take
the
Medicaid
payments
and
not
in
perpetuity,
but
for
as
long
as
they're
available
you
keep
talking
about
this
industry
Trend
or
this
shortfall
that
everybody's
facing
like.
How
is
that
not
anticipated?
So.
P
When
we
bought
this
community,
our
intent
was
not
to
be
here
today.
We
bought
it
as
a
senior
housing
community.
We
invested
several
million
dollars
in
renovating
it,
with
the
intent
of
making
it
better.
Anyone
who
was
in
the
community
before
we
bought
it
can
attest
to
the
differences
between
prior
ownership
and
us
I.
B
P
And
inflation
impacts,
so
the
Staffing
costs
to
if
you
just
compare
2020
to
today
have
gone
up
about
a
million
dollars
and
that's
all
surprise
to
anyone
in
the
industry
and
so
I
think
generally,
what
we've
seen
is
demand
for
our
product
is
decreased
to
talk
economically
and
the
expense
load,
just
as
anyone
who
goes
to
the
grocery
store
and
you
buy
eggs
or
juice
or
anything,
the
expense
load
is
increased
dramatically.
I.
P
J
B
There's
different
sense
and
the
concern
is
that
somebody
from
out
of
state
has
come
and
bought
a
property
that
very
vulnerable
people
live
in
suck
the
value
out
of
it
and
is
now
trying
to
suck
some
more
value
out
of
it
by
changing
the
land
use
and
that's
the
that's
the
vibe
here
so
I
need
the
reasons
why
I
should
really
believe
that
that's
not
true,
so
there's
no
value
to
be
sucked
out
honestly.
Well,
there's
a
Redevelopment
there's
a
PUD
that.
P
Will
generate
service
value
so
to
date,
and
the
next
thing
I
was
going
to
talk
about
is
since
2020,
so
we
started
on
an
upswing
in
2020
covet
hit.
You
know.
Obviously
the
industry
was
impacted
a
lot
there
with
trying
to
protect
our
residents.
We've
lost
over
two
million
dollars
since
then,
so
we
have
an
extraordinate
value.
P
We've
been
coming
out
of
pocket
every
month
to
support
this
community
and
I
think
any
other
business
that
loses
money
for
three
years
in
a
year
for
three
years
in
a
row
to
that
tune
would
have
closed
long
ago.
So
we've
been
trying
to
keep
this
afloat
in
an
attempt
to
get
to
a
point
where
we
can
actually
run
a
sustainable
business,
but
I
think
the
point
that
we're
getting
to
is
it
three
years
is
a
long
time
to
be
funding.
Something
and
we're.
B
P
I,
it's
an
incredibly
challenging
situation.
I
don't
want
to
be
here.
We've
never
done
this
before
I.
Understand
that
it's
just
it's
a
terrible
situation
to
be
in
I.
Think
sorry,
I'm
I'll
jump
around
a
little
bit.
Something
I
was
going
to
cover
later,
but
this
is
happening
across
the
industry
and
there
are
numerous
communities
that
are
just
closing
and
some
of
them
give
30-day
notice.
Some
of
them
just
say
we're
closing
tomorrow
and
kick
the
residents
out
we're
trying
to
avoid
that.
P
We've
tried
to
avoid
that,
but
there's
a
reality
that
we
can't
continue
to
prop
up
something
where
you
know.
This
is
a
broader
issue
with
particularly
with
Medicaid,
where
the
the
funding
the
government
provides
is
about
a
quarter
of
what
it
costs
to
provide
the
service
and
that's
again,
a
terrible
problem
and
and
one
that
people
are
trying
to
solve,
but
we
can't
bear
the
burden
of
propping
up
the
you
know.
What's
what's
the
political
and
a
federal
issue
of
Medicaid
funding.
B
Fair
I've
soaked
up
a
bunch
of
time,
just
one
more
so
I
really
understand
it.
Yeah
Medicaid
funding
provides
a
quarter
of
what
it
costs
to
operate,
but
it
would
have
provided
100
of
your
cost
to
operate
if
not
for
covet
and
inflation.
No.
P
No
that
so
we
stopped
we
stopped
emitting
Medicaid
residents
as
a
lot
of
owners
do
and
I.
Think
again.
The
main
thing
has
changed
is
that
the
wage
we
pay,
someone
for
any
role
has
gone
up
so
dramatically
that
what
you
expect
at
the
cost
to
run
a
community
it
has
doubled
and
I.
Think
you
see
that
at
you
know,
Starbucks
Chipotle,
McDonald's,
someone
who
is
making
twelve
dollars
an
hour
three
years
ago
is
making
20.
and
when
you
add
that
across
the
board
it
changes
the
picture
dramatically
from
what
everyone
thought
three
years
ago.
K
P
So
I
may
repeat
myself
a
little
bit
because
I'm
going
in
order,
but
I
mean,
like
I,
said
since
2020
we've
lost
almost
two
million
dollars
of
the
business
and
it's
not
getting
better
we're
on
Pace
to
lose
a
million
dollars
in
2023
and
so
we're
losing
a
huge
amount
of
money.
Each
month
and
frankly,
we
just
don't
have
the
ability
to
continue
to
fund
this
community
and,
like
I,
said
any
other
business
that
has
lost
three
months.
P
Money
for
three
years
in
a
row
would
have
closed
its
stores
long
ago
and
in
asking
us
to
pay
relocation
expenses
and
cover
any
rent
variants.
For
three
years,
we're
being
asked
to
come
up
with
money
that
we
just
frankly
don't
have,
and
it's
just
not
an
option
for
us,
and
so
these
conditions
are
taking
a
financially
untenable
situation
and
making
it
worse.
P
I
think,
as
we
heard
before,
the
proposed
use
is
appropriate
for
this
particular
site.
This
has
been
obvious
throughout
this
process
and
the
evidence
supports
that
the
planners
recommend
recommended
this
for
approval
multiple
times.
The
commission
found
that
our
proposed
use
met
the
land
use
requirements
for
PUD,
and
there
are
multiple
comments
at
the
Port
of
this
as
well.
To
hang
up,
of
course,
as
you
mentioned,
is
a
human
side
and
I
agree
that
this
makes
this
process
really
challenging.
P
P
If
we
look
at
another
scenario,
let's
go
back
in
time
and
say
we
gave
30-day
notice
as
our
leases
allow
we
vacated
the
building
and
then
afterwards
we
started
this
process
applied
for
a
change
of
use
to
multi-family.
Would
you
look
back
at
how
we
handled
the
notices
in
transition
in
deciding
the
Cub
c?
U
p
should
be
approved
and
what
conditions
to
attach
I
doubt
it
the
conditions
could
not
even
be
applied
to
a
vacant
building.
Instead,
you
would
see
a
vacant
building
with
another
potential
use.
P
Well,
the
Family
Apartments
that
would
help
fill
up,
help,
fill
up
housing
need
and
approve
that
use.
So
I
asked
what
the
legal
distinction
is
between
these
scenarios
and
the
position
where
you're
in,
in
essence,
we're
being
penalized
for
making
an
effort
of
going
above
and
beyond
what
is
legally
required.
I
know
that
multiple
of
our
competitors
in
Boise
have
closed
their
doors.
Some
have
given
30-day
notice
some
have
given
none.
Arguably
we
could
have
done
the
same
thing
and
been
in
a
much
better
position
than
we
heard
today.
P
And
I
realized
that
senior
housing
is
housing
is
a
major
issue
for
our
senior
population,
especially
those
with
limited
resources,
but
we're
being
unfairly
asked
to
Bear
the
burden
of
these
problems
that
are
outside
of
our
control.
We're
not
given
any
time
to
discuss
or
negotiate
these
conditions.
We
just
had
a
set
of
ambiguous
conditions
placed
on
us,
which
we
believe
are
well
beyond
what
the
Commissioners
has
to
do.
The
unfortunate
reality
is
that
a
current
the
current
use
is
not
working
and
is
not
sustainable
as
a
business.
P
The
conditions,
as
shown,
do
not
solve
that
problem
and
one
last
attempt
to
find
a
workless
pollution,
workable
solution.
We
put
together
a
proposal
that
is
feasible
from
our
perspective,
significantly
exceeds
our
obligations
to
terminate
tenancies
under
both
state
and
federal
standards
and
is
compliant
with
Medicaid.
Rules
will
substantially
comply
with
two
of
the
three
conditions.
P
We
will
voluntarily
add
a
condition
to
hire
a
third
party
to
assist
attendance
with
the
process
of
finding
a
new
home
and
moving
and
we'll
do
so
without,
despite
the
legal
we'll
do
so,
despite
having
a
legal
right
to
vacate
everyone
with
30-day
notice
and
no
additional
assistance
condition,
four
is
essentially
a
blank
check.
It
is
not
acceptable
and
we
think
not
even
legal
for
many
of
our
residents.
B
P
Perfect,
thank
you
to
summarize
book
of
the
tenants
existing
tenants
at
least
six
months
prior
written
notice
to
vacate
the
facility
after
the
notice
to
vacant
is
given
and
upon
identification
of
new
housing
for
each
existing
tenant.
We
will
pay
for
relocation
expenses
consistent
with
the
cost
schedule.
The
uniform
relocation
act
subject
to
our
ability
to
do
so,
legally
condition
four
would
be
removed
and
we
would
add
a
condition
that
states
that,
after
notice,
the
vacate
is
provided.
We'll
hire
a
third
party
to
assist
attendance
with
the
process
of
finding
a
new
home
and
moving.
P
P
P
C
So
I
just
have
a
clarifying
question
on
that
too.
So
you're
not
you're,
referring
to
Medicare
Medicaid
laws.
Excuse
me
not
the
possibility
that
then
you
would
refute
the
legality
of
this
Council
requiring
you
to
do
this.
P
C
P
P
With
this
specific
condition,
this
is
strictly
related
to
Medicaid.
Our
intent
is
to
make
this
payment
to
every
resident
unless
there
is
a
Medicaid
specific
issue,
but,
like
I
said
this
is
Medicaid
is
very
complicated.
I
am
far
from
an
expert
I
think
we
just
want
to
make
sure
we're
not
doing
anything
that
gets
us
or
them
in
legal
trouble.
Thanks.
P
Yeah
sure
so
I
think
there
are
some
questions
at
the
last
hearing
about
you
know,
I
mean
what
we're
willing
to
do
and
the
transition
plan
we
provided
and
what
that
actually
meant,
and
so
we
thought,
if
we
brought
in
a
third
party
who
had
experienced
this
industry
experience,
Helping
Seniors
move,
we
would
take
ourselves.
We
would
still
help
as
much
as
we
can,
but
if
we're
bringing
in
a
person
who
has
experience
in
this,
we
can
point
to
them
and
say
they're
an
expert
in
this.
K
Kind
of
Mayor
follow-up,
so
when
you
envision
what
that
service
would
be,
are
we
talking
like
a
realtor
type
service?
Are
we
talking
maybe
responding
to
the
appellant
arguments
on
Transportation
assistance
right,
I'm,
just.
P
So
two
comments:
we
actually
have
a
bus
and
a
driver,
so
we
we
drive
our
residents
around
to
events,
doctors
Etc.
We
could
utilize
that
to
take
them
to
other
communities
if
they
had
that
desire.
As
for
the
the
first
question,
I
think
there
are
options
from.
There
are
consultants
in
this
industry
that
can
help
they're.
P
Also
people
or
companies
called
referral
agent
companies
which
basically
step
in
and
help
the
senior
navigate
that
process,
so
they
will
come
meet
with
them
figure
out
what
their
needs
are,
help
them
pick
a
new
community
which
fits
their
needs
and
basically
walk
them
through
the
whole
process,
start
to
finish.
G
A
couple
of
things
first
is
just
an
ask
for
some
folks
in
the
audience:
I'm
really
trying
hard
to
pay
attention
to
everything
that
the
speakers
are
saying
and
when
you're
up
there
as
well,
so
any
sort
of
like
you
know,
gestures
or
or
things
like
that
it
it
is
distracting.
So
please
try
try
your
best
not
to
I
realize
it's
the
most
issue.
So
it's
hard
but
here's
my
question.
So
one
of
the
one
of
the
I
realize
you're
not
done
with
this
presentation.
G
Perfect
Since
we're
kind
of
looking
and
picking
apart
some
of
these
conditions,
one
of
the
things
that
was
brought
up
to
us
was
the
possibility
of
mediation
and
I
think
that
the
conditions
are
probably
where
that
mediation,
you
know,
would
occur,
and
so
I
guess.
My
question
for
you
is
like:
are
you
open
to
mediation
to
talk
about
to
talk
about
these
conditions.
P
I
think
we've
put
a
lot
of
thought
into
this
and
I
I
never
want
to
say
no
entirely
to
something
but
I
think
a
lot
of
the
driving
force
behind
this
is
our
financial
position
and
we're
not
in
a
position
to
drag
this
out
for
six
months
or
a
year
or
two
years,
and
you
know
I
the
last
sentence:
I
was
going
to
say
that
I,
you
know
we're
hoping
we
could
obtain
relief
from
as
we
propose
and
we
can
agree
in
these
conditions.
P
But
if
not
we're
just
going
to
withdraw
our
application
and
you
know,
exercise
our
rights
as
as
our
Lisa
say,
or
whatever
else
we're
entitled
to
do.
I
mean
we're
we're
at
the
point
where
I
think
things
are
bad
and
we're
struggling.
We
need
a
resolution
and
I,
don't
know
what
else
would
come
out
through
mediation
or
what
other
things
are
being
requested.
P
It
was
a
bit
of
a
surprise
to
us
today.
That's
the
first
time
we
heard
of
it
so
putting
me
on
the
spot
a
little
bit,
but
that's
my
initial
reaction.
Yeah.
G
Madam
mayor
I'm
going
to
follow
up,
and
this
question
is
going
to
come
up
again
throughout
the
process,
so
I'm
not
going
to
make
that
be
your
final
answer.
So
one
of
the
things
I
think
that
that
you've
brought
up.
Is
you
thought
that
the
planning
and
zonings
commission
was
arbitrary
and
capricious?
Where
did
they
come
up
with
these
numbers?
G
Well,
they
pointed
specifically
to
the
uniform
relocation
act
and
I
realized
that
we
as
a
city
aren't
here
to
enforce
that,
but
they
were
appointing
it
to
guidance,
so
they
would
be
saying
that
these
aren't
arbitrary.
There
actually
is
a
guiding
document
that
tell
us
where
we
would
find
these
types
of
conditions.
A
P
I
I
think
there's
probably
some
questions
about
given
there's
an
appeal
in
the
last
hearing
that
was
asking
for
a
certain
time
period
and
we
offered
more
I.
Think
that
surprises
a
little
bit
but
I
I
mean
just
being
fully
transparent.
I
know,
there's
a
lot
of
discussion
about
six
months
versus
12
months
or
four
months.
G
If
I
could
follow
up
on
a
on
a
different
question,
so
we
two
questions:
if
I
can
so
one
of
the
things
that
you're
bringing
up
tonight
and
I,
don't
remember
you
bringing
up
last
time,
I
could
be
wrong
because
it
was
a
long
time
ago.
One
of
the
things
that
you
brought
up
tonight
is
that
you
have
a
high
level
of
vacancy
and
I
have
to
imagine
that
a
high
level
vacancy
doesn't
help
you
pay
the
bills
either.
Is
that
correct.
G
Yeah,
and
so
what
I'm
curious
about
is,
was
that
an
issue
the
last
time
that
you're
here
or
has
there
been
an
increase
in
vacancy
since
you
started
pursuing
this
I
would
imagine
that
there
may
be
some
people
who,
once
this
process
got
started,
said
hey
we're
going
to
get
out
of
here
and
we're
going
to
try
to
start
getting
this
ball
moving
to
find
another.
So
has
the
vacancy
increase
100.
P
We
haven't
done
ourselves
any
favors,
obviously,
every
time
this
comes
up,
residents
get
concerned
and
some
move
out,
I
think
if
you
look
at
Boise
as
a
whole,
there's
vacancy,
if
you
look
at
the
industries
all
across
the
country,
there's
vacancy-
and
so
this
isn't
we're
here.
But
this
isn't
an
us
problem
right.
The
the
demand
for
our
product
has
gone
down.
The
expenses
have
gone
up,
you
know,
I
can
rattle
off
competitors
that
are
similar
occupancy
ranges
and
and
losing
just
as
much
money
or
more
yeah.
G
And
and
then
Madame
my
final
question
and
I
guess
this
comment
there
I.
Imagine
that
if
you
have
the
means
to
move
out,
if
I
would
have
had
the
means
to
move
out,
I
would
have
been
moving
out
after
that
last
hearing.
But
if
I
didn't
have
any
other
place
to
go,
then
maybe
that
isn't
as
much
of
an
option.
G
One
of
the
letters
that
we
got
is
a
joint
letter,
I
believe
from
a
lot
of
the
the
folks
here
and
one
of
the
things
they
asked
for,
and
it
was
just
a
little
confused
and
I
was
wondering
if
you
could
help
me
with
this.
Is
they
asked
for
a
notice
of
three
months
moving
expenses
and
ten
thousand
dollars
to
reimburse
each
resident
for
the
deposit
paid
to
Arbor
Village
and
to
cover
the
cost
of
a
deposit
at
a
new
facility?
G
P
Bring
any
light
to
that
most
of
our
residents
when
they
move
in
there's
a
what's
called
a
community
fee
and
again
this
is
industry
standard.
Sometimes
it's
waived,
and
basically
what
that
covers
is
if
you
move
into
a
apartment
building
you
just
kind
of
move
it
right.
You
bring
your
stuff,
you
show
up
with
seniors,
there's
a
whole
process
that
has
to
occur.
A
nurse
has
to
do
an
assessment.
P
G
P
No,
it's
right
now
we're
2500
to
3
000.
for
all
the
fees
you
just
described,
correct.
G
P
M
Generally,
in
my
experience,
occupancy
rates
is
a
Big
Driver
of
Revenue.
It's
often
a
result
of
management,
I'm
curious.
What
has
your
management
been
like
there?
Have
you
how
many
executive
directors
have
you
had
since
2019.
P
So
we
bought
the
community
one
to
one
on
a
third.
We
use
a
nationally
recognized
management
company
that
manages
Senior
Communities
across
the
country.
I
think
that's
answered,
two
questions.
P
I
again,
I
said
before
I
think
it's
challenging
going
through
this
process,
but
it's
not
limited
to
us.
I
mean
I
talked
to
other
owners
in
Boise
and
there's
a
building
that
is
100
full
that
was
losing
about
seventy
five
thousand
dollars
a
month.
P
They
just
started
removing
Medicaid
medic
residents
by
giving
them
30-day
notice,
because
that
was
impacting
their
business,
so
do
I
think
our
management
company
could
have
done
a
little
bit
better
like
we
always
think
so,
right,
I
think
I
mean
you
always
want
Improvement
and
always
want
to
drive
performance.
But
this
is
again.
This
is
a
problem
that
goes
well
beyond
us,
because
there
are
multiple
communities
in
Boise
that
are
in
similar
positions
and
and
trying
to
figure
out
what
to
do.
H
I'm,
a
mayor
so
I
want
to
make
sure
I'm
following
some
of
the
potential
scenarios
here.
What
I
hear
you
saying
is
you're
not
able
to
make
money
you
could,
instead
of
doing
all
of
these
things
and
trying
to
to
be
a
good
partner,
you
could
essentially
call
up
the
leases
for
whatever
those
were
negotiated
at
close
it
up
and
then
try
again
with
no
one.
There
is
that
what
I
heard
you
say,
I.
P
I
think
we're
trying
to
figure
out
what
our
options
are,
because
the
current
business
is
not
working
continuing
to
cut
a
check
every
every
month.
We've
been
doing
that
for
three
years,
and
you
know
we
don't
have
a
bucket
of
money
to
continue
pulling
from
and
I
think.
If,
if
we
don't
get
some
relief,
then
we
start
exploring
what
our
other
options
are
in
terms
of
decaying
building
selling
I.
You
know
I,
think
everything's
on
the
table.
H
D
P
I
think
that
so
there's
there's
two
main
issues:
the
we're
essentially
agreeing
to
the
relocation
expense.
The
one
big
issue
is
the
rent
variance
for
three
years,
which
is
unquantifiable,
and
someone
can
move
into
the
the
something
that's
double
and
just
say
you
should
pay
this
and
I
think
the
other
problem
is
going
from
six
months
to
12
months.
Just
costs
us
six
more
months
of
expenses
to
run
a
community
while
we're
losing
money,
and
so
shortening
that
period
is
less.
You
know
for
lack
of
a
better
word,
Casper.
A
C
Right,
thank
you.
We're
gonna!
What
yeah
we're
gonna
take
a
break
now:
I,
usually
I,
try
to
take
a
break
every
hour
and
a
half
or
so
we're
just
over
that.
So
before
we
move
into
public
testimony
we'll
take
a
10
minute
break.
C
C
Q
At
mayor
council,
as
you
said,
my
name
is
Greg.
Anderson
I
live
at
2549,
East,
Satterfield,
Street,
Meridian
83646,
and
for
more
than
a
year
my
wife
and
I
have
been
performing
musical
entertainment
at
Arbor
Village
once
a
month
and,
more
importantly,
we
also
conduct
church
services
there
twice
each
month,
and
this
isn't
the
only
Community
we
do
this,
but
it
is
the
only
one
that
I
know
that's
undergoing
such
a
little
turmoil
here
as
they
are
at
Arbor
Village.
So
I
just
wanted
to
give
you
a
face
of
somebody
else.
Q
That's
not
a
resident,
that's
not
an
attorney
that
has
a
feel
for
what's
going
on
and
as
usually
is
the
case
in
church
services.
We
speak
with
those
in
the
congregation,
in
this
case
the
residents
there
before
and
after
the
service,
and
we
pray
with
them
about
issues
in
their
lives
and
for
several
months.
One
of
the
most
frequent
prayer
requests
was
this
for
these
residents.
Arbor
Village
is
not
just
a
building,
it's
their
community
for
them.
Q
The
other
residents
and
staff
are
neighbors
and
family,
not
just
other
people
who
occupy
and
work
in
the
building.
There's
a
saying
on
a
wall
that
reads
something
to
the
effect
of
remember:
the
residents
don't
live
where
we
work,
we
work
in
their
home
and
the
staff
there
actually
takes
that
to
heart.
Q
Q
These
beautiful
people
have
lived
productive
lives
for
years,
contributing
Society
in
general
and
specifically
to
the
cities
in
which
they
have
lived,
including
Boise,
now,
they're
being
told
they
will
have
to
leave
their
home.
However,
before
that
he
can
even
do
that,
they
must
find
another
residence
before
they
could
even
think
about
living
there,
leaving
I'm
sorry
they're
forever
home
at
Arbor
Village.
Q
Now
there
are
other
Senior
Communities
in
the
area,
but
again
this
is
their
home.
As
a
society
I'll
tell
you
right
now,
I
don't
have
the
answers,
I,
really
don't
and
as
a
society.
I
think
this
is
a
bigger
picture
question
we
have
to
decide
whether
decisions
will
be
driven
primarily
or
even
solely
by
Financial
factors
or
if
we
will
take
a
stand
to
protect
the
most
vulnerable
in
our
society,
including
the
elderly,
while
I
believe
the
pnz
missed
an
opportunity
to
send
a
stronger
message
along
these
lines.
Q
By
rejecting
the
rezoning
request,
I
commend
them
for
imposing
some
stricter
requirements
to
at
least
provide
additional
assistance
and
time
to
allow
the
residents
to
transition
to
other
communities
and,
while
I
recognize
the
existence
and
potential
impacts
of
the
law
of
unintended
consequences.
I
strongly
encourage
you
set
a
precedent
and
deny
the
appeal
of
the
applicant
and
support
the
appeal
of
the
appellant
I.
Q
Think
I
got
them
in
the
right
order
and
if
that's
not
possible,
then
I
do
suggest
that
the
mediation
process
would
at
least
take
place
because
there
there
are
so
many
questions,
and
so
much
was
brought
up
tonight
that
I
hadn't
thought
of
before
and
your
heads
are
all
spinning
as
well.
I'm
sure
so,
thank
you
very
much.
C
D
D
So
this
is
Boise
Care
Connections
and
it
shows
us
every
week
what
Medicaid
beds
are
available
as
of
today
I
think
we
have
maybe
10
if
we're
lucky.
This
is
updated
weekly,
it's
a
good
resource
to
kind
of
see
how
few
options
there
are.
So
there
was
a
lot
brought
up
tonight
between
both
parties.
That
was
helpful,
but
I.
D
The
facility
Arbor
Village
I
have
talked
to
some
of
the
family
members
there
and
the
bus
doesn't
take
the
Medicaid
residence
around.
They
have
to
find
their
own
transportation
to
medical
appointments.
So
how
does
that
work
if
they
can't
find
another
home?
D
So
those
are
questions
that
I
think
are
really
important
to
be
asking
of
the
facility
owner
himself
like
how
is
he
going
to
facilitate
it
and
then
at
the
February
hearing
he
said
that
him
and
his
office
worker
shut
down
their
office
and
they
called
around
for
the
day,
and
they
said
oh
there's
plenty
of
beds
available,
but
are
they
Medicaid
beds
he's
not
giving
numbers
on
Medicaid?
Does
he
have
a
Medicaid
specialist
that
he
would
hire
to
help
facilitate
this?
D
There's
a
lot
of
unanswered
questions,
so
I
think
that
you
know
I
hope
that
the
commission
takes
all
that
into
account
again.
There
was
a
lot
I
learned
as
well
through
this,
but
this
website
really
gives
a
really
good
view
of
what
is
not
their
resource
wise,
and
this
also
includes
assisted
living
facilities,
which
is
what
they
are
currently
living
in,
and
it
also
includes
skilled
nursing
facilities.
D
You
have
to
be
no
one
can
just
go
into
a
Skilled
Nursing
Facility,
so
those
beds
are
probably
not
even
an
option
for
the
majority
of
the
residents
there.
You
have
to
be
appropriately
planned
for
care.
So
then
you
go
through
that
list
and
you're
like
okay,
what
assisted
living
facilities
are
an
option
and
the
numbers
just
kind
of
keep
going
down
and
down
and
down
and
I
think
it's
a
good
resource
to
kind
of
give
that
broad
view
of
What
the
residents
are
looking
at
and
again
there
are
vulnerable
populations.
D
C
B
Hi
just
help
me
with
your
experience
with
the
website,
so
we
can't
scroll
through
it
but
I'm
sure
you're
right
that
there's
10
beds,
10
Medicaid
beds
available
now.
I
B
D
If
only
one
facility
was
competing,
how
many
facilities
are
competing?
There's
a
lot,
we
call
I
mean
you
know,
calls
are
being
made
every
day
to
try
and
find
homes
and
other
facilities
for
people
for
Medicaid
beds,
and
there
just
aren't
many
I.
B
Guess
let
me
yeah
I,
hear
you
what
I
heard
so
far
tonight
is
one
way
or
the
other.
This
facility
is
closing
yeah.
B
D
Well,
I've
worked
with
a
few
people
that
have
ended
up
homeless
I
mean
we
can
look
online
on
social
media
and
see
Boise
Dev
Margaret
Carmel.
She
has
done
great
work
at
exposing
that
we
can
talk
to
our
homeless
shelters
right
now
and
ask
how
many
elderly,
like
over
60
65
that
are
currently
homeless
and
can't
get
into
these
facilities.
You
can't
just
go
into
these
facilities.
You
have
to
be
screened.
Okay,.
D
D
F
Mayor
I
have
a
question
for
Kristen
as
well
Kristen.
This
is
a
question
in
your
experience.
Working
with
this
population,
the
applicant
mentioned
a
third
party
provider
who
might
help
with
relocation
assistance.
Are
you
aware
of
anyone
kind
of
currently
doing
that
type
of
work
in
the
Treasure,
Valley
or
even
regionally,
I.
D
O
I'm
nervous
hi,
my
name
is
Tracy
Snyder
I
live
at
4470
North
Linda,
Vista,
Lane,
Boise,
Idaho,
83704
I
have
been
a
nurse
in
this
community
for
28
years,
and
I
can't
even
wrap
my
head
around
this
I'm
here
this
evening.
To
advocate
for
the
residence
I
think
at
least
refunding
them
their
deposits,
which
my
mom's
Medicaid
been
there
a
year.
She
had
to
pay
her
deposit
of
twenty
five
hundred
dollars
from
this
day
forward
to
help
them
find
and
help
them
move
into
another
facility.
O
This
morning,
I
looked
up
at
the
Boise
connection
and
I
called
all
facilities
that
were
on
there.
There
are
only
10
Medicaid
beds
in
the
assisted
living
and
I
also
called
several
of
the
skilled
nursing
facilities
and,
like
she
said
they
do
not
meet
their
level
care
criteria.
There
are
30
Medicaid
residents
at
Arbor.
Village
I
do
know
that
there
are
two
marketing
and
finance
Managers
from
senior
living
facilities
that
have
attempted
to
speak
to
the
acting
administrator
to
offer
their
assistance
to
helping
some
of
the
residents
finding
rooms
of
the
non-medicade.
O
They
are
actually
reducing
some
of
the
prices
of
their
rooms
to
help
the
residents
find
new
places.
They're
acting
adminar
administrator
denied
Arbor
Village
raised
the
rent
anywhere
from
three
to
six
hundred
dollars
per
private
pay
residence
this
year
in
January,
I,
know
personally
that
they
are
actively
still
trying
to
get
residents
to
move
in
this
Friday.
O
The
marketing
manager
called
somebody
and
set
up
an
appointment
with
them
to
show
them
their
mother-in-law
to
move
in
right
away,
but
I
guess
they
don't
mind
going
ahead
and
taking
their
money
and
their
deposits,
knowing
that
they're
closing
and
they
will
not
give
it
back.
They
also
took
on
three
hospice
patients
and
I,
say
patients
because
they're,
not
residents,
hospice
or
patients
that
are
going
through
the
end
of
life
transition.
O
They
are
in
a
cute
situation
and
Home
Health
nurses
are
coming
in
to
take
care
of
them,
this
type
of
Resident
that
they
wouldn't
be
getting
hospice
unless
they
have
been
living
in
this
facility
for
a
while,
but
I
guess
again
they
don't
mind
taking
their
money,
hopefully
when
they
give
their
30-day
notice
or
120
day
notice
that
it's
not
in
the
middle
of
their
ending
stage
of
Life.
O
Instead
of
moving
more
people
in
the
management
and
staff
should
be
reaching
out
to
programs
that
Boise
reach
to
help
them
move,
find
new
homes
figure
out
financing
to
be
able
to
live
into
a
new
home
should
offer
their
own
facility
bus
to
drive
their
residents
around
to
appointments
and
find
places
to
live.
It
doesn't
matter
if
you
give
30
days
120
days
on
that
day
after
that
day
that
they're
supposed
to
move
out.
Unless
you
give
them
help
and
assistance,
they
will
still
be
there
yeah.
O
My
mother
is
Medicaid
and
I've
worked
countless
hours
in
the
last
two
months
as
well
as
working
trying
to
figure
out
a
place
for
her
to
live
and
for
these
people.
Luckily,
I
have
found
a
place,
but
these
other
residents
haven't
and
they
don't
have
anybody
to
help
them.
They
can't
drive,
they
don't
drive
and
that
bus
does
not
take
the
Medicaid
patients
to
the
hospital
they
don't
take
them
to
and
from
their
appointments,
so
for
their
bus
to
be
helping
them.
O
C
R
Good
evening
my
name
is
Daniel
Hutcherson
I
reside
at
102
North
jayantoni
here
in
drive
here
in
Boise.
Idaho
I
want
to
take
a
little
different
attack
than
we've
been
hearing
tonight.
But
if
we
look
at
May
2023
to
even
be
discussing
closing
a
care
facility,
that's
housing.
Our
elderly
is
not
only
irresponsible.
It's
short-sighted
and
totally
misunderstands
history.
R
Also
as
the
seniors
in
the
baby
boom
generation
enter
the
care
facilities,
they
will
be
leaving
their
single-family
homes
or
their
apartments
or
wherever
they're
residing
now
leaving
a
vacancy
rate
in
that
type
of
housing
in
a
extremely
high
demand.
So
it's
irresponsible,
short-sighted
and
doesn't
show
any
understanding
of
History
if
we
allow
a
senior
facility
to
be
converted
into
normal
Apartments.
Thank
you
very
much.
Thank
you.
Yes,.
B
I
have
a
question
for
you,
sir
I'm,
going
to
tying
it
a
little
bit.
Everything
you've
told
us
about
the
history
to
one
of
the
things
we're
thinking
about
here
today,
our
comprehensive
plan,
which
is
kind
of
the
overarching
policy
document
that
then
informs
the
rules.
We're
supposed
to
apply
include
statements
like
it
is
a
goal
to
ensure
an
adequate
supply
of
safe
sanitary
housing
at
costs
appropriate
to
the
varied
Financial
capabilities
of
City
residents.
B
If
this
Council
were
to
take
the
position
that
destroying
or
demolishing
any
assisted
living
facility,
given
these
population
Trends
you're
talking
about,
would
violate
that
part
of
the
comprehensive.
B
R
C
C
S
T
T
She
is
a
74
year
old,
beautiful
woman,
Boise
native
who
thought
she
had
found
her
forever
home
with
Arbor
Village
she's
met
some
wonderful
people
made
wonderful
friends
and
her
disability
would
not
literally
allow
her
to
make
a
move.
Many
of
these
people
are
severely
disabled.
I.
T
Don't
think
anybody
takes
into
consideration
how
much
of
an
impact
there
is
for
people
to
pack
up
their
things
label,
their
things
move
their
things
and
so
on
her
behalf,
she
wanted
it
mention
that
making
such
a
move
is
would
be
exhaustive
and
take
a
toll
on
her
health.
T
As
my
own
self
Michelle
Whipple
I
would
like
to
make
a
comment
now,
if
that's
all
right.
C
Sorry
Michelle,
yes,
just
keep
talking.
You've
got
three
minutes
to
to
say
it
all.
So
you
you
can
continue.
Thank.
T
You
the
developer,
having
10
years
experience
and
developing
and
being
proud
of
that
fact.
T
I'm
I'm,
not
I'm
dismayed
I
have
been
in
healthcare
for
over
30
plus
years
and
when
you
buy
a
building
filled
with
people,
you
care
about
the
people
and
not
about
a
vacant.
Building
this
guy
just
doesn't
get
it.
The
bus
does
not
help
Medicaid
patients
help
find
a
new
place
to
live.
How
crazy
is
this?
T
They
are
taking
new
residents
every
day.
Currently.
T
Through
that
building
taking
their
deposits
up
until
the
time
that
they
close
the
doors
is
that
a
credible
and
acceptable
way
for
a
California
company
to
do
business
in
Boise
I?
Don't
think
so.
These
people
are
former
judges,
they
are
people
that
are
veterans,
they
are
people
that
are
Boise,
Natives
and
DiNapoli
cares
only
about
money.
They
look
forward
to
shutting
the
doors
as
soon
as
possible
at
any
expense.
They
do
not
care
about
the
people
and
shame
on
them,
and
I
am
very
hopeful.
T
G
T
A
G
Your
mother
did
so
in
the
in
the
letter.
Thank
you.
In
the
letter
it
refers
to
some
specific
asks
that
are
a
little
bit
different
different
than
what
was
proposed
by
Planning
and
Zoning.
Specifically,
it
says
a
a
notice
of
three
months:
moving
expenses
and
ten
thousand
dollars,
I'm
wondering
if
you
know
how
the
ten
thousand
dollars
was
arrived
upon
as
far
as
the
reimbursement
for
the
resident
for
the
for
the
deposit.
T
I,
don't
I
and
I
I
may
be
speaking
out
of
turn
in
saying
that
she
was.
She
was
letter
of
record
as
being
on.
You
know
wanting
to
speak,
but
I'm
not
sure
that
Jimmy
that
I'm
answering
you
correctly.
So
pardon
me
I'm,
not
sure.
A
G
G
That's
fine
I
just
was
curious.
If
you
knew
I
appreciate
you
testifying
I'm.
E
U
U
You
know
here
they
are
at
the
end
of
their
lives
and
that
the
developer,
when
he
he
talks
about
what
a
tough
time
it
is
in
the
you
know,
Elder
Care
world.
U
Some
of
some
of
the
statements
just
to
me
seem
outrageous
about
how
much
the
costs
have
increased
and
that's.
Why
they're
doing
this
and
I'm
wondering
for
any
supporting
documents
submitted
with
it
his
testimony
with
the
developers,
the
developers,
the
corporate
the
company
that
owns
this
facility
with
their
appeal.
That
would
support
some
of
the
statement.
U
Statements
made
here
tonight
and
I
guess:
I
have
a
concern
after
listening
to
all
the
cost
about
what
a
tough
time
it
is
and
in
for
for
the
owner
of
this
property,
I'm
just
wondering
if,
after
if
you,
if
you,
if
you
after
you,
approve
whatever
you,
whatever
decision
you
take
here,
if
they'll
just
turn
around
and
flip
the
property
and
maybe
demolish
the
building
and
put
something
else,
there
I
mean
properties,
flip
all
the
time
and
I've
seen
project
after
project
end
up.
U
Not
you
know
going
the
way
that
going
the
way
that
the
initial
proposal
laid
in
front
of
city
council
was
supposed
to
go
so
anyway,
I
apologize,
I'm,
a
little
incoherent
I
just
got
back
from
a
long,
long
drive
and
so
excuse
my
sort
of
stuttered
testimony.
But
please
do
all
you
can
for
these
residents
thanks.
C
Katie
and
welcome
back
we've
got
Sarah
rosin
next.
S
Hey
hello,
Madame
mayor
council
may
I
share
my
screen.
C
S
Test
there
we
go.
Thank
you.
I
would
like
to
keep
that
up.
There
I'll
pull
that
up
when
I'm
ready
for
that
sure,
I
typically
have
two
monitors,
so
I'm
a
little
confused
there.
S
Sorry
I
live
at
1209,
South,
Phillippe,
Street
and
I
attended
the
hearing
on
February,
13th
and
I,
intended
to
be
in
person
today
to
speak,
but
unfortunately,
I
couldn't
make
it
due
to
a
scheduling
conflict
with
work
regardless
I
want
to
strongly
respond
to
the
appellant's
memorandum
submitted
on
February
23rd.
First
off
I
want
to
draw
attention
to
the
fact
that
DiNapoli
to
look
at
what
it
is
or
what
it
is.
S
It's
a
private
capital
investment
group
that
specializes
from
time
to
time
and
housing
for
the
elderly
I
think
it's
prudent
to
consider
to
Napoli
as
a
whole
and
take
into
account
what's
on
the
table
for
them
as
a
private
investment
group.
As
listed
on
the
current
DiNapoli
website,
which
I
showed
earlier
and
I'll
show
again,
as
of
today,
May
2nd
their
portfolio
includes
seven
senior
housing
units,
including
Arbor
Village,
10,
hotels
and
22
multi-family
properties.
The
appellant
claims
that
they
have
been
coming
out
of
pocket
for
Arbor
Village,
which
may
be
true.
S
However,
the
value
of
the
entire
portfolio
owned
by
the
LLC
total
is
well
over
a
billion
dollars
and
has
multiple
avenues
for
dealing
with
and
negating
their
marginal
loss
here
in
Boise.
We
should
also
keep
in
mind
that
of
the
total
39
properties
in
this
portfolio.
Seven
of
them
are
homes
to
vulnerable
people.
This
is
not
a
one-off
business
opportunity
for
DiNapoli.
They
didn't
just
stumble
into
this
this
and
then
a
pandemic
happened.
S
This
is
the
lane
that
they
continually
choose
to
play
in
and
thus
they
must
play
by
the
rules
which
are
actual
laws
that
distinctly
protect
elderly
citizens.
So
my
question
is:
how
is
it
not
feasible
for
this
real
estate
investment
firm
to
uphold
the
very
reasonable
conditions
from
the
city
and
still
remain
loyal
to
their
obligations
to
their
shareholders?
The
two
managing
Partners
have
over
50
years
of
experience
between
them
and
we
heard
from
Mr
Seaman
himself
that
he
has
over
a
decade
of
experience.
S
So
surely
they
could
figure
something
out
or
move
some
funds
around,
that's
their
job,
and
yet
here
we
are
again
all
gathered
listening
to
this
california-based
investment
firm
attempt
to
fight
their
way
out
of
their
business
responsibilities
in
order
to
recoup
the
losses
from
their
poor
investment
decisions.
My
statements
here
are
not
solely
based
on
the
emotional
and
empathy
stoking
element
of
this
particular
dispute.
Of
course,
as
a
human
being,
I
cannot
ever
condone
the
commodification
of
vulnerable
people,
which,
unfortunately,
is
not
one
of
dinapoli's
operational
values.
S
However,
as
a
person
who
also
works
in
e-commerce
and
marketing
and
is
also
a
startup
founder,
my
statements
are
based
on
business
as
well.
It's
my
strong
opinion
that
DiNapoli
is
not
acting
in
a
responsible
way
that
benefits
my
community
or
Boise
At
Large.
When
it
comes
to
business
with
the
closure
of
Arbor
Village,
a
staff
of
over
a
dozen
people
will
lose
their
jobs
and
more
than
90
residents
will
be
displaced,
likely
requiring
city
state
and
federal
assistance.
This
is
not
a
good
deal
for
Boise
business
or
Boise
residents
plain
and
simple.
S
This
is
a
good
deal
for
DiNapoli
and
now
that
they
are
not
getting
exactly
what
they
want.
They
are
playing
by
the
all
too
common
business
game
called
as
long
as
the
rules
benefit
me
I'll
play
by
them,
but
once
they
don't
I
quit
DiNapoli
doesn't
want
to
sell
the
property
in
which
the
case
their
lease
contract
with
residents
might
stand.
The
reality
of
the
situation
is
that
the
property,
including
the
90
human
beings,
who
live
there,
is
no
longer
profitable
to
the
degree
that
they
believe
it
could.
C
C
C
P
P
I
don't
have
time
to
respond
to
everything,
but
I
do
want
to
respond
to
a
couple
things
specifically.
First,
all
of
our
residents
get
the
same
exact
treatment
and
amenities,
regardless
if
they're,
Medicaid
or
not-
and
second,
we
have
not
done
this
before
we.
Yes,
we
own
other
senior
housing
communities.
We
have
never
tried
to
convert
one
before
we've
never
tried
to
remove
residents
before
this
is
new
we're
in
an
unprecedented
situation
and
despite
pulling
up
our
website-
and
you
know
trying
to
point
out
what
we
do.
P
This
is
not
limited
to
us
or
15
communities
in
Boise
have
closed
and
those
are
local
listeners
and
out-of-state
owners.
So
this
is
a
problem
that
goes
beyond
us
and
I.
Think
a
lot
of
the
problems
specifically
is
with
Medicaid
there's
a
reason:
there's
a
shortage
of
Medicaid
beds.
It's
a
public
policy
issue
and
these
complaints
should
be
directed
towards
federal
politicians.
We
can't
control
the
policy,
we
can't
control
the
reimbursement,
but
we're
being
asked
to
bear
that
responsibility.
P
Nobody
can
force
anybody
to
take
Medicaid
residence
and
we're
seeing
multiple
Senior
Communities,
especially
in
Boise,
start
moving
Medicaid
residents
out
and
that's
not
us,
that's
other
buildings
that
are
saying
we
can't
afford
to
do
this,
and
anybody
watching
this
going
to
senior
community
is
now
thinking
the
same
thing.
I'm,
never
going
to
admit
another
Medicaid
resident,
because
not
only
is
it
do
I
lose
money,
but
it's
an
incredible
political
Challenge
and
a
public
challenge.
I
realize
no
matter
what
I
say:
I'm
the
bad
guy
and
nothing
I
can
do,
will
change
people's
mind.
P
We've
been
in
this
process
for
over
a
year
we've
been
trying
to
find
a
Oracle
solution.
You
know
I
I.
Unfortunately,
it's
it's,
not
a
binary
decision.
I,
don't
think
it's
a.
We
can
force
us
to
continue
to
operate
this
and
continue
it
has
Medicaid
residents.
Just
like
you
can't
force
any
other
owner
in
Boise
to
take
Medicaid
residence.
P
We've
tried
to
find
a
workable
solution.
We
tried
to
propose
something
today
we
think
was
fair,
it's
beyond
what
is
required
and
we
hope
that's
acceptable
and
I'll.
Look
at
that.
G
A
G
I'm
going
to
tip
my
hat
a
little
bit
here,
so
I've
got
a
Planning
and
Zoning
commission
that
we
trust
to
make
really
good
decisions
who
we've
been
told
by
our
staff,
who
has
expertise
in
this
field
that
took
all
public
testimony
into
account
that
they
went
through
the
conditions
on
the
for
the
requirements
and
cited
some
stuff
I
think
in
in
the
fifth
area.
G
As
far
as
references
in
the
comprehensive
plan
I'm
going
to
ask
about
that
later,
and
then
they
came
up
with
conditions
put
forward
that
were
referenced
to
the
uniform
relocation
act.
So
to
me,
that's
not
arbitrary
if
they
found
a
way
to
do
it.
So
there's
not
a
lot
telling
me
showing
me
at
this
point
that
they've
made
error
in
in
their
decision.
So
here's
my
my
question
to
you.
You've
got
a
a
business
that
you
how
much
a
month
are
you
losing
about
a
hundred
thousand
dollars
about
a
hundred
thousand
dollars
a
month?
G
G
They
could
add
up
right,
yeah
and
then
you've
got
a
letter,
that's
written
by
the
folks
who
are
staying
here,
asking
for
something
less
they're
asking
for
three
months.
Instead
of
a
year
they're
asking
for
ten
thousand
dollars
per
resident.
G
If
it
was
me,
I
would
be
doing
the
math
in
my
head
and
trying
to
figure
out
how
much
is
one
of
these
gonna
cost
versus
the
other,
and
that
would
be
affecting
my
decision
on
whether
or
not
I
would
be
going
into
mediation
and
so
I
guess
you
know
what
I'm
trying
to
figure
out
here
is
when
they,
when
they've
got
a
request
for
mediation,
they've
got
a
different
offer
on
the
table.
To
me,
their
offer
looks
better
than
what
Planning
and
Zoning
put
forward.
G
P
I
mean
it
is
ten
thousand
dollars
better
than
three
years,
certainly
but
I
think
we're
one
year.
One
year,
yeah
yeah,
I
I
think
we're
at
the
point
where
we
know
what
we
can
do.
We
know
what
we
can't
do
we're
in
a
situation.
That's
you
know
it's
challenging
and
it's
to
continue
operations.
It's
untenable
and
we
tried
to
come
up
with
something
that
was
was
fair
and
again.
G
P
G
Yeah,
let
me
rephrase
that
so,
if
we
directed
Council
to
go
to
mediation,
to
negotiate
conditions
on
what
the
conditions
would
be
in
place
for
this
to
get
approved,
would
that
be
mediation
that
you
would
be
willing
to
go
to.
P
B
I'm,
going
to
twist
your
arm
on
mediation,
a
little
bit
sure
one
thing
that
you
don't
have
is
finality.
This
council
could
vote
to
deny
both
appeals,
leave
the
Planning
and
Zoning
commission.
You
know
ruling
stand.
It
could
adopt
your
amended
conditions,
but
one
of
these
people
is
going
to
take
you
to
court
and
the
court
could
reverse
and
Undo
It
All,
so
you
don't
have
finality
you'll
get
that
out
of
a
mediation.
Second,
there's
been
some
interest
in
the
questions
from
this
Council
on
preserving
assisted
living
facility
inventory.
B
And,
if
that's
true,
and
if
that's
where
the
weight
of
the
council
votes
are,
you
may
not
get
this
approved,
even
if
you
turn
it
into
an
empty
building,
because
we'll
want
to
preserve
that
inventory.
So
you're
not
facing
the
situation
where
you
know
where
your
bottom
line
is
and
you've
made
your
best
offer,
because
you
have
the
risk
that
everything
could
change
in
court
and
you
have
the
risk
that
your
only
option
is
to
run
an
assisted
living
facility
there
or
let
the
building
fall
down.
B
You
can
take
all
that
off
the
table
by
neutralizing
each
other's
rights
to
go
to
court
and
by
neutralizing
each
other's
rights
to
appeal,
so
I,
don't
think
you're
at
your
true
bottom
line,
because
you
still
face
all
these
risks
that
you,
if
you're
rational,
ought
to
be
willing
to
give
something
to
ameliorate.
Does
that
change
your
view
on
mediation.
B
Well,
just
like
I'm,
not
interested
in
the
fact
that
you're
from
California
or
the
fact
that
you've
been
disparaged,
I'm
not
interested
in
what
other
owners
are
doing.
I
want
to
talk
about
this
application
here.
What's
reasonable
and
rational
for
you
and
what's
reasonable
and
rational
for
the
opposing
party
in
this
appeal,
it
makes
sense
to
me
it.
B
A
fiscally
prudent
operator
of
a
business
would
want
to
take
that
delay
and
time
risk
off
the
table
would
want
to
take
off
the
table,
the
risk
that
would
reach
a
decision
here-
that's
very
favorable
to
you
and
then
a
sympathetic
judge
who
is
the
same
age
as
the
patients
in
this
facility
unravels
at
all,
you
could
get
rid
of
all
of
that.
Does
that
change
any
of
your
perspectives.
P
B
C
And
there's
a
cost
incurred
to
the
city
for
mediation,
so
it's
got
to
be
legitimate
willingness
to
mediate,
not
a
we'll
walk
into
mediation.
But
put
you
know
the
offer
that
you
propose
to
Council
on
the
table
and
that's
it.
So
the
question
is:
I'll:
go
back
to
council
president
pro
tem
and
council
member
of
agent,
whether
or
not
you're
willing
to
it
like
intentionally
and
authentically,
enter
into
a
mediation
to
discuss
this.
C
Why
don't
we
we'll
take
five?
You
can
do
that
and
then
of
course,
I
still
want
to
hear
rebuttal
from
the
appellant
as
well.
But
let's,
let's
take
five
now,
yes,
can.
P
Ready,
no
I
guess
I
I
asked
back
what
particular
conditions
were
you
interested
in
mediating
and
what
happens
if
mediation
fails.
B
Remember,
I,
don't
speak
for
every.
Only
me
I
think
that
the
view
in
light
of
the
last
hearing
was
that
there's
likely
to
be
an
approval,
but
there's
also
likely
to
be
conditions
that
you
say
you
can't
you
can't
contend
with
so
I
would
expect
it
would
be
relocation
conditions,
but
I,
don't
know
we're
not
we're
not
there
yet
I
mean
the
way
it
would
come
up
would
be
a
at
the
end
of
everything.
B
Someone
would
make
a
motion
to
direct
you
guys
to
mediation
and
the
motion
would
say
what
they
want
to
mediate
and,
and
it
would
be
discussed
I
think
that's
how
it
would
go.
B
G
We've
got
a
letter
from
the
folks
that
are
that
are
living
there
and
they're
afraid
of
they're
afraid
of
what
the
next
steps
are,
they're,
afraid
of
their
not
being
enough
staff
there
to
actually
serve
the
needs,
they're
afraid
of
what
their
future
is
going
to.
Look
like
and
they're
mentioning
that
they're
willing
to
compromise
in
the
letter
and
the
compromises.
G
Look
to
me
better
than
what's
on
the
table
right
now
with
three
months:
moving
expenses
and
ten
thousand
dollars
to
reimburse
each
resident
for
the
deposit
pay
to
Arbor
Village
and
to
cover
the
cost
of
a
new
facility.
I'm,
not
saying
that
that's
going
to
be
the
exact
amount,
but
what
I'm
reading
looks
like
a
better
deal
than
what
Planning
and
Zoning
offered
so
I
think
that
there's
probably
space
between
those
areas
to
be
negotiated,
and
it's
a
group
of
folks
who
I
think
they
want
some
direction
on.
G
What's
going
to
happen,
that
isn't
vague
and
in
my
personal
opinion,
the
conditions
that
you
put
forward
were
very
vague
and
I
could
not
figure
out
exactly
what
was
going
to
happen
and
I.
Think
people
just
want
to
know.
I'm
happy
to
address
those,
and
so
I
think
that
that's
where
mediation
can
take
place
is
that
you've
got
a
group
of
folks
willing
to
compromise
on
a
deal
that
to
me
looks
better
than
what
Planning
and
Zoning
does
and
you've
got
conditions
that
you've
put
forward
as
well
I.
G
H
W
I
may
speak
Amanda
shouse,
251,
East,
Front,
Street,
Elam
and
Burke
representing
the
applicant.
W
Just
a
Manor
mayor
council
members,
just
another
concern
with
the
mediation
that
we
have
is
the
Practical
aspect
of
the
time
which
we
just
discussed
and
also
the
issue
that
council
member
agent
brought
up,
which
is
who
are
we
negotiating
with
there's
a
letter
from
some
residents?
Do
we
have
to
come
to
an
agreement
with
all
of
the
residents,
there's
just
a
practical
application
of
that?
That's
just
really
difficult
in
the
situation.
If
we
get
half
of
the
residents
to
agree,
how
do
we
address
the
other
half
so.
L
Madam
mayor
council
members,
council,
president
woodings
and
Council
Pro,
tem
I,
want
to
correct
statements
that
I
made
earlier
that
were
inaccurate.
One
was
that
ifhc
submitted
a
mediation
request
that
was
denied.
In
fact,
it
wasn't
denied
we
just
besides
hearing
that
it
was
received,
did
not
hear
anything
back.
C
L
Yesterday,
the
prior
one
right
and
then
also
that
when
we
sent
those
mediation
requests,
we
thought
appellants
would
re
or
applicants
would
receive
them
and
did
not
know
that
they
wouldn't,
and
so
we're
very
sorry
that
that
came
as
such
a
surprise
to
them.
We
just
thought
that
was
part
of
the
process,
and
so
those
are
the
two
things
that
I
wanted
to
correct
for
the
record
ifhc
with
with
regard
to
our
our
appeal.
L
Ifhc
strongly
believes
that
the
community
is
stronger
for
having
this
facility
and
that
we
would
continue
to
zealously
advocate
for
keeping
the
facility
a
working,
assisted
living
facility
here
in
the
community
of
Boise
Idaho
right,
and
we
also
see
that
it's
possible
that
you
that
that
part
of
the
that
is
a
disservice
to
the
entire
community,
to
allow
an
investment
group
to
come
in
and
when
their
plan
failed
to
let
the
rest
of
the
community
pick
up
the
slack
of
their
their
the
people
that
they
were
supposed
to
be
serving.
When
that
happens.
L
With
regard
to
mediation,
ifhc
has
in
many
times
I
mean
many
times
in
the
past,
helped
with
mediations
for
other
communities
within
the
city
of
Boise,
and
we've
never
put
our
personal
interest
before
our
company's
interest
before
the
interest
of
those
particular
individuals,
and
we
will
continue
to
work
that
way
we
will
zealously
advocate
for
their
needs.
We
can
reach
out
to
those
people
and
see
if
they
would
like
to
organize
together
and
be
a
single
entity
receiving
a
single
deal
together.
L
K
And
so
just
and
I
appreciated
that
you
brought
up
sorry
follow
up
sorry
that
you
brought
up
mediation
as
a
possibility.
K
But
can
you
speak
to
the
practicalities
of
being
able
to
accomplish
that
when,
in
your
prior
statements,
you
mentioned
what
you
might
or
your
four
residents
may
be
asking,
which
seems
very
different
from
the
ask
that
we've
received
from
the
residents,
which
was
quite
a
long
list,
I,
don't
know
how
what
percentage
it
represents
of
the
full
tenants
there,
but
it
was
a
decent
number
that
signed
on
to
that
letter.
N
Yeah
there
was
a
family
member
of
a
resident
who
is
one
of
our
clients
who,
of
her
own
volition,
went
to
the
facility
on
Friday
and
held
a
meeting
with
tenants,
residents
and
and
during
that
process,
ask
them
what
they
wanted
from
this
process
and
basically
transcribe
that
letter
for
them.
So
we
were
knowledgeable
of
it,
but
we
weren't
a
part
of
that,
but
just
because
she
did
it
of
her
own
volition.
That's
how
it
came
about
I,
don't
know
if
that
answers
your
question.
N
It
does
thank
you,
okay
and
can
I
just
add
one
more
thing
to
what
Monica
said,
which
is
when
we
originally
submitted
our
request
for
mediation.
It
was
really
about
to
explore
other
ways
to
keep
the
facility
open
and
find
past
possible
other
ways
to
fund
the
Medicaid
beds
and
or
find
a
different
purchaser
I,
don't
know
if
the
Housing
Authority,
if
there's
Federal,
Medicaid
funds
and
I
just
want
to
put
that
out
there
because
I
know
we're
talking
strictly
about
mediation
for
the
conditions
and
I
that
wasn't
necessarily
our
intent.
C
G
I'll
go
first,
so
I
I'll
follow
up
on
a
question
that
I
asked
earlier
and
I
think
I
asked
it
incorrectly
going
through
the
minutes.
I
think
what
commissioner
Blanchard
was
referring
to
was
some
different
parts
of
the
comprehensive
plan,
but
I'm
wondering
if
you
were
able
to
find
some
specific
parts
of
the
comprehensive
plan
that
the
rest
of
the
Commissioners
were
referring
to
as
far
as
not
meeting
condition,
number
five
I
think.
J
P
J
Section
two
chapter:
two
of
the
comprehensive
plan,
the
last
section
of
that
chapter,
which
is
entitled
support
a
range
of
Services
for
Families
and
persons
in
need,
and
it
has
a
number
of
different
goals
and
objectives
in
that
section.
But
I'll
just
reference.
One
sentence:
I
won't
read
the
whole
thing,
but
Boise
recognizes
the
need
to
protect
the
health
and
quality
of
life
of
its
residents,
including
its
most
vulnerable
populations,
and
then
it
gets
into
goals
that
speak
to
that
specific
outcome
that
the
community
was
seeking.
Perfect.
That's
helpful.
G
And
then
I've
got
I
think
just
one
other
question
here
and
I
just
have
some
unclarity,
and
so
maybe,
if
you
can
help
with
that,
I,
don't
know
that
we
have
the
ability
to
require
this
to
stay
or
remain
as
a
assisted
living
facility.
If
that's
not
the
will
of
the
owner,
but
that
kind
of
keeps
getting
talked
about
and
I
guess
I
just
I,
don't
know.
If
that's
something
that
we
actually
have
the
ability
to
do
that.
J
J
It's
certainly
the
venue
to
discuss
the
request
by
the
applicant,
which
is
which
is
seeking
to
redevelop
the
property
into
Apartments,
but
that,
regardless
of
what
that
determination
is
by
Council
relative
to
this
application,
that
doesn't
necessarily
mean
that
this
would
be
assisted
living
in
the
in
the
future.
I
mean
that
that's
not
the
question
the
question
before
us
is:
do
we
think
his
application
meets
the
terms
of
the
zoning
ordinance
yeah.
G
And
I'm
going
to
ask
just
a
different
way,
because
I
know
what
you're
saying
and
I
100
agree.
If
we
rejected
the
rezone
that
still
wouldn't
make
it
maintain
an
assisted
living
facility.
J
That
action
in
and
of
itself
would
not
protect
the
assisted
living
or
the
residents
that
live
there.
Thank.
G
H
Director
Keane
I
have
a
question
in
terms
of
the
timeline
given
to
Residents.
You
know.
One
of
the
things
we
obviously
look
at
is
was
pnz,
arbitrary
and
capricious.
Can
you
talk
to
us
about
how
that
that
year
mark
came
about
and
their
deliberation
on
that,
because.
J
Mayor
councilmember
Willits,
there
was
a
lot
of
discussion
and
Frank
a
little
bit
of
frustration
at
the
Planning
and
Zoning
commission.
Hearing
deliberations
on
this,
because
clearly
they
were
their
greatest
concern
was
towards
the
people
that
live
at
this
location
and
and
honestly,
they
were
frustrated
by
a
lack
in
their
minds
of
any
kind
of
specifics
from
the
applicant
as
to
how
these
people
would
be
assisted
and,
and
that
runs
the
whole
gamut.
J
That
includes
not
until
the
very
end,
any
kind
of
reference
to
how
long
they'd
be
given
to
move
or
any
kind
of
support.
They'd
be
given
to
move
any
kind
of
help.
They'd
be
provided
to
find
new
housing.
Any
kind
of
financial
assistance
they'd
be
given.
So
since
the
none
of
that
was
offered,
even
though
that
transition
plan
was
foremost
on
their
mind,
they
were
searching
for.
How
do
we?
How
do
we
enact
conditions
that
address
those
those
issues
that
we're
most
concerned
about
and
that
we
feel
are
relevant
to
the
comprehensive
plan?
J
A
M
Director
Keane,
what
are
some
allowable
uses
for
the
property?
Should
it
be
developed
that
would
not
require
a
conditional
use.
Permit.
J
It
would
be
other
forms
of
residential,
so
it
would
be
single
family
or
townhouses.
This
kind
of
thing,
the
what
kicks
this
into
a
plan
unit,
development
or
conditional
use,
permit
and
I
use
those
together
because
a
plane
unit
development
is
a
type
of
conditional
use
permit.
But
what
kicks
them
to
the
conditional
use
permit
is
the
apartments
that
are
being
proposed,
that
that
does
require
the
conditional
use
and
the
plan
unit
development
in
the
R2
District.
K
Amir
Tim
just
to
follow
up
on
the
the
prior
question.
I
appreciated
that
playing.
It's
only
looked
at
the
uniform
relocation
act,
but
I
am
curious
about
the
requirement
for
the
period
of
three
years,
and
that
is
also
not
something
that
I've
seen
within
that
act.
So
I'm
just
curious
as
to
what
was
the
rationale
for
planning
and
zoning
and
coming
up
with
that
period
of
time.
J
Well,
my
understanding
is
that
that
was
that
was
directly
from
the
uniform
relocation
act.
The
requirement
that
that,
in
cases
where
the
relocation
Act
is
relevant,
that
the
those
that
are
moving,
the
people
that
are
living
there
are
required
to
help
them
with
that
housing
and
in
cases
where
the
housing
that
they,
where
they
end
up,
is
more
expensive
than
the
rent
that
they're
currently
paying
that
they
pay
that
additional
amount
for
three
years.
K
Do
you
I'm
sorry
to
ask,
but
do
you
have
a
specific
I
couldn't
find
that,
specifically
for
three
years
and
also
whether
there
was
a
caps
associated
with
that
I?
Think
we've
heard
that
in
prior
testimony
about
does
that
mean
I
can
go
and
live
in
the
most
luxury
Place
possible
and
you
have
to
pay
for
that.
I.
Just
I
wanted
to
I
tried
to
find
that
in
advance.
I.
J
Just
yeah
and
I
can
look
for
that.
Council
member.
It's
a
as
you
know,
a
significant
document
yeah
to
go
through
the,
but
my
understanding
was
that
the
lump
sum
requirement,
that's
included
as
an
option
in
that
act,
doesn't
include
an
amount.
You
know
that
that
is
associated
with
that.
So
it's
it's
not
to
be
negotiated
between
the
tenant
and
the
landlord,
but
is
set
forth
in
that
act
based
on
the
size
of
the
unit.
C
I'd
propose
that
that
would
be
appropriate
to
come
back
with
findings
rather
than
holding
this
evening.
For
that,
and
that
this
is
probably
something
that's
ought
to
be
determined
by
Council.
If,
if
you
believe
there
ought
to
be
a
cap
or
a
finite,
a
shorter
period
of
time
that
that
would
be
covered,
and
then
you
could
direct
staff
to
return
with
additional
backup
materials
for
findings
that
you
take
a
look
at
at
our
next
meeting.
H
J
J
You
all
know:
we've
had
this
discussion
as
part
of
the
new
zoning
code
and
requiring
a
conditional
use
permit,
not
only
in
cases
where
people
are
where
you've
got
assisted,
living,
but
also
nursing
homes,
mobile
home
parks
even
naturally
occurring
affordable
housing
for
people
making,
60
or
less
so
their
immediate
income.
This
interest
in
in
cases
where
we're
seeing
that
Redevelopment,
that
the
people
that
are
living
there
taken
care
of
so
I
think
this
is
an
important
decision
around.
J
You
know
what
are
the
expectations
that
relate
to
how
we
expect
people
in
this
circumstance
to
be
assisted
by
Redevelopment
or
those
that
are
seeking,
Redevelopment
or
rezoning
or
or
zoning
approval
to
do
other
things.
C
B
B
C
B
I,
don't
think
it
makes
legal
arguments
that
that
showed
the
playing
and
Zoning
Commission
violated
the
law,
the
process
or
that
the
Idaho
code
and
I
think
that
the
factual
conclusions
that
it
made
were
deliberated
over
hard.
You
can
tell
everybody,
took
it
really
seriously
giant
policy
questions
here,
but
I
don't
find
the
error
or
abusive
discretion
or
arbitrary
and
capricious
standard
is
met
by
the
Planning
and
Zoning.
Commissioner.
C
E
G
B
And
then
on
the
applicant's
appeal,
I
guess
the
technical
wording
would
be
to
deny
the
appeal
but
issue
revised
conditions
and
my
revised
conditions
are
really
zooming
in
on
just
the
three
that
were
appealed.
Number
one,
no
revision.
The
applicants
will
give
the
tenants
one
year
to
find
suitable,
comparable
housing
number
two
upon
identification
of
new
housing
for
each
existing
tenant.
The
applicant
will
pay
for
relocation
expenses
consistent
with
the
cost
schedule
of
the
uniform
relocation
act.
So
no
change
number
three:
the
a
change
to
number
three.
B
The
applicant
shall
be
responsible
for
the
difference
in
monthly
rent
if
the
new
household
rent
is
higher
than
the
current
household
paid
rent
for
a
period
of
three
years,
but
I
would
strike
the
second
sentence
about
a
lump
sum.
Payment
and
I.
Don't
understand
why
that
would
have
a
basis
and
then
I
would
add
that
the
applicant
shall
hire
a
third
party
specialist
to
assist
with
transportation
and
moving
and
that
that
person
shall
be
a
Medicaid
specialist.
F
B
The
comprehensive
plan
directs
us
to
consider
a
whole
lot
of
things
in
its
intention,
but
one
of
the
elements
of
the
comprehensive
plan
is
our
City's
desires
planners
to
care
for
or
at
least
provide
housing
and
meet
the
basic
needs
of
vulnerable
populations,
including
this
one.
So
the
Planning
and
Zoning
commission
was
correct
to
consider
that
in
the
cup
analysis,
as
we
discussed
at
the
beginning,
these
factors
that
I've
listed
are
designed
to
mitigate
the
harm
to
those
particular
damaging
elements
to
that
vulnerable
population.
B
We
heard
a
lot
of
testimony
about
how
Medicaid
is
complex
and
about
whether
the
bus
can
carry
people
back
and
forth
and
Medicaid
reimbursement,
and
all
that,
if
there's
a
third
party
involved,
I
think
it's
reasonable
and
supportive
that
that
person
have
expertise
in
Medicaid
I.
Don't
think
it
makes
any
sense
to
begin
this
process
until
we
have
provided
shelter
and
resources
for
each
of
the
people
who
are
currently
living
there.
B
And
so
that's
why
the
condition
that
you
can't
start
work
until
everybody
has
been
moved
out
and
the
same
with
accepting
new
tenants
in
the
interim
that
the
comprehensive
plan
goal
here
is
to
take
care
of
this
group
of
people
who
are
vulnerable.
We
can't
be
swapping
them
in
collecting
rent
for
a
few
months
and
then
kicking
them
out.
That's
the
opposite
of
what
the
comprehensive
plan
wants.
So
that's
the
record
support
that
I
find
for
each
of
those
conditions.
C
I'd
ask
that
you,
just
as
part
of
your
motion
I
know,
there's
still
discussion
to
be
had
that
you
direct
staff
to
return
with
findings.
B
S
C
The
findings
will
be
findings
in
support
of
the
motion
that
councilmember
beigent
made
and
he
is
referencing
I.
Think
my
understanding
is
that
in
your
motion,
you've
left
three
years.
Is
it
contingent
on
uniform
relocation
act
or
is
it
three
years.
B
Madame
Mary
it's
three
years
that
I'm
not
importing
the
federal
standard
into
our
code
and
I'm
not
relying
on
it,
but
it
is
a
guideline
that,
based
on
the
facts
here,
meets
our
need.
I'm,
certainly
not
following
federal
law,
in
the
sense
that
it
controls
us,
but
we
have
a
risk
to
address
or
harm
to
address
and
it
happens
to
coincide
with
what
this
federal
guideline
document
says.
G
B
That
Madame,
the
motion
was
one
year
to
find
suitable
and
comparable
housing.
The
applicant
will
pay
relocation,
expense
expenses
and
then,
for
a
period
of
three
years,
we'll
make
up
a
rent
difference.
I
thought
you
were
talking
about
the
first
yep
and
then
a
couple
of
other
conditions,
but.
A
F
Mayor,
yes,
I
just
have
a
couple
of
comments
as
we're
deliberating
here
and
one
of
those
really
revolves
around
the
states,
responsibility
to
reimburse
Medicaid
in
a
way
that
takes
care
of
people.
F
F
She
was
able
to
live
out
the
rest
of
her
life
there,
but
here
we
have
an
issue
where
people
aren't
able
to
do
that,
and
that's
just
kind
of
like
been
the
way
that
these
facilities
work
for
a
number
of
years
and
I
understand
that
perhaps
there's
not
the
the
legal
mechanisms
in
these
leases
to
make
that
a
reality,
and
maybe
that's
part
of
the
problem
as
well.
But
I
really
think
that
the
root
of
the
problem
is
that
we're
not
reimbursing
Medicaid
sufficiently
to
take
care
of
people
when
they
need
assisted
living.
F
So
I
just
wanted
to
make
that
point.
I
really
think
it
puts
us
in
a
bad
position.
It
puts
families
in
an
untenable
position.
It
puts
property
owners
in
a
frankly
bad
position
because
they're
not
able
to
run
a
business
in
a
way
that's
solvent
and
that's
not
good
either.
So
we
really
have
been
put
in
this
position
because
of
that
lack
of
responsibility
and
lack
of
accountability
bear
state
to
do
their
job
and
to
take
care
of
people.
K
The
reason
why
I'm
struggling
and
I'm
struggling
with
the
motion
is
because
I
I
loved
the
term
that
was
used
about
the
forever
home,
and
it
strikes
me
as
Troublesome
that
we
have
that
concept,
but
we
enter
into
month-to-month
leases,
so
I
I'm
struggling
here,
because
I
I
worry
with
the
motion
that
those
conditions
are
even
greater
than
what
the
Planning
and
Zoning
commission
approved
and
that
this
will
lend
more
Credence
for
the
owner
to
just
simply
close
the
this
facility
and
make
this
vulnerable
population
even
more
vulnerable.
K
And
so
I
am
just
really
struggling
with
this
motion
and
this
dynamic,
because
that,
because
we
entered
into
month-to-month
leases,
30
days
notice,
that's
all
that's
required
and
they
could
do
that
and
close
this
facility
and
will
not
have
any
of
the
abilities
and
that
to
support
these.
This
population
to
at
least
find
some
compromise
here
and
that's
where
I'm
really
struggling
this
evening,
because
I'm
afraid
that
that
is
what
will
end
up
happening.
B
Madam
mayor
I
have
that
have
the
exact
same
concern.
The
only
stick
is
that
if
they
do
that
they
lose
the
Redevelopment
right,
they
can't
do
the
Pud.
They
can
close
the
doors
and
sell
it
to
somebody
else.
They
can
do
a
whole
bunch
of
cold
and
heartless
things.
Disgusting
things
I,
don't
know
what
we
can
do
about
that.
They
have
the
property
right.
We
can
condition
it
more
heavily.
B
We
can
condition
it
less
heavily
I
get
the
the
capitalism
Financial
business
point
of
view
that
they
have
and
in
a
sense
it's
fair,
It's,
Not
Human.
But
it's
it's.
The
rules
we
play
by,
but
I'd
rather
be
in
a
precarious
position,
doing
what
we
can
within
the
scope
of
how
we
interpret
the
comprehensive
code
to
take
care
of
people,
then
construing
the
code
to
harm
them,
and
so
I
I
guess
I'm
going
to
take.
B
My
feeling
is
to
take
the
risk
that
they
really
do
want
this
PUD
and
that
they
really
will
live
up
to
their
representations,
that
they're
trying
to
help
people
in
this
community
and
can't
make
it
work
financially
and
that
that
they'll
figure
out
how
to
get
there.
I,
don't
I,
hear
you
loud
and
clear.
I
just
don't
know
what
to
do
either.
Ben
Mary.
G
I'm
going
to
be
voting
to
support
the
motion
and
here's
why
I
had
really
hoped
that
we
could
go
to
mediation,
I
thought
that
that
was
going
to
be
our
Our
Winning
route
for
everyone
for
this
and
I
ran
into
two
major
issues.
One
I
didn't
feel
like
the
applicant
was
really
willing
to
negotiate
in
that
mediation
to
the
mediation
that
was
being
proposed.
Didn't
seem
like
it
actually
had
a
great
representative
and
it
seemed
like
when
the
mediation
was
proposed.
It
was
actually
proposed
for
something
else.
G
It
was
proposed
to
actually
shut
down
the
application
and
not
actually
put
those
conditions
in
place,
so
we're
basically
sending
two
people
to
mediation
that
weren't
in
any
sort
of
agreement
to
start
with,
so
that
didn't
feel
like
it
was
a
route
forward
and
then
really
you
know
looking
at
what
we're
charged
to
do
in
this
particular
situation.
It's
to
see
if
Planning
and
Zoning
made
an
error
and
going
through
the
testimony
tonight.
G
Listening
to
folks
talking
with
the
applicants
looking
through
the
the
minutes
and
the
transcripts
I
really
wasn't
able
to
see
anything
that
looked
like
a
clear
air
that
they
put
forward
and
everything
that
they
referred
to,
that
maybe
was
interpreted
as
arbitrary
or
capricious
they
gave
a
specific
spot
where
they
found
that,
and
that
was
the
uniform
relocation
act.
So
they
had
something
to
point
to.
That
said:
hey
we're
not
just
making
these
numbers
up,
we're
actually
pointing
to
another
document
that
exists.
G
This
document
doesn't
say
that
we
have
to
do
this,
but
it
provides
some
guidelines,
and
so
one
I
think
that
this
is.
This
is
the
right
thing
to
do.
I
hope
that
it
happens
this
way,
I
don't
know
for
sure
that
it
is
but
I
think
that
my
decision-
and
you
know
my
interpretation
of
our
decision-
is
we're
trying
to
figure
out
if
Planning
and
Zoning
made
an
error
on
this
I.
Don't
think
that
there
was
anything
that
was
talked
about
tonight.
That
would
show
that
they
did.
G
I
would
remind
everybody
that,
like
this
started
out
with
an
applicant
that
we
said,
didn't
give
a
proper
notice
structure
that
was
reasonable
to
its
tenants
and
we
fixed
that
we're
going
to
make
sure
that
that's
changed
in
our
zoning
code
going
forward
that
we
actually
make
progress
in
this
area.
That's
a
really
good
thing
that
should
have
been
done
to
begin
with
I'm,
not
because
it
was
written
in
code,
but
because
it
was
the
right
thing
to
do.
G
And
then
we
asked
for
requested
a
transition
plan
and
there
really
wasn't
a
specific
transition
plan
that
was
presented
to
planning
and
zoning,
and
so
Planning
and
Zoning
had
to
up
here
make
a
decision.
There
was
an
opportunity
before
they
have
the
application
even
came
to
the
table
to
do
the
right
thing.
There
was
a
second
opportunity
to
come
with
a
realistic
transition
plan
that
wasn't
big.
None
of
those
things
happened
and
then
Planning
and
Zoning
did
the
best
they
could.
G
They
made
a
decision
that
was
based
off
of
city
code,
our
comprehensive
plan
and
they
referenced
the
uniform
location
act.
A
relocation
act
as
a
guideline,
so
I
don't
see
that
there's
any
air
that
they
made
and
so
while
I
do
have.
Those
same
concerns,
that's
kind
of
where
I'm
grounding
myself
in
this
decision.
F
The
added
conditions
are
really
I,
think
pretty
reasonable
and
even
proposed
by
the
applicant
adding
a
relocation
specialist
whose
third
party
that
was
proposed
by
the
applicant
and
I
think
that
the
one
of
the
things
that
we've
heard
is
that
this
facility
is
still
accepting
new
tenants,
and
that
is
troublesome
to
me
going
through
a
process
where
you
are
changing,
use
so
substantially
of
a
building
and
still
accepting
people
with
it
doesn't
seem
like
a
lot
of
transparency
about
your
future
plans
is
really
troubling,
and
so
that
added
condition
about
not
accepting
new
tenants,
I
think
is
very
appropriate
and
I
think
that
Planning
and
Zoning
did
their
absolute
best
on
the
conditions
that
they
provided
so
I'm
happy
to
support
the
motion
and
I
think
it
strikes
the
right
balance
for
protecting
the
current
tenants
and
still
allowing
the
property
to
be
redeveloped.
F
M
Just
to
comment
on
this
I
would
like
a
little
more
finality
than
I
think
what
the
motion
offers
I.
My
concern
is
that
we're
going
to
approve
this
and
it's
going
to
result
in
more
litigation
and
I,
don't
have
a
guarantee
that
our
conditions
are
actually
going
to
hold
up.
I
would
say
my
biggest
frustration
in
this
is
the
lack
of
tools
that
I
feel
like
I
have
to
preserve
Assisted
Living
inventory
in
the
state
and
just
to
put
staff
and
Council
on
notice.
M
M
M
But
I
don't
think
I
have
support
for
that.
So
it's
not
a
more
motion.
I'm
gonna
make,
but
that's
a
motion.
I
would
vote
for
and
I
would
like
once
again
just
to
have
more
tools
to
be
able
to
protect
Assisted
Living
inventory
at
the
same
time,
I'm
not
convinced
that
what
we
do
tonight
with
this
motion
is
going
to
have
the
finality
that
we
want
so
I.
Think
I
would
make
a
substitute
motion
to
accept
the
conditions
as
provided
by
the
developer.
C
Sorry
Colin,
our
excuse
me,
council,
member.
Our
process
is
a
little
different.
B
C
C
E
A
M
Okay,
my
substitute
motion
would
be
that
we
accept
the
conditions,
as
provided
by
the
developer,
with
the
the
exception
that
the
final
condition
that
that
include
the
Medicaid
specialist,
as
suggested
by
council
member
Beijing,.
C
So,
are
you
just
to
clarify
you've
just
made
a
substitute
motion
that
has
the
three
originally
included
by
Planning
and
Zoning
commission
you're,
adding
the
third
party
specialist
with
Medicaid
background
or
specialty
you're
taking
off
the
council
members
conditions
that
no
new
tenants
can
be
accepted
and
that
they
don't
have
to
be
all
relocated
before
construction
happens.
C
M
I
think
my
difficulty
with
this
is
amending
such
a
complicated
set
of
conditions
on
the
Fly
I
think
I'd
be
more
comfortable
if
we
had
something
come
back
from
staff,
so.
C
C
C
H
Madam
mayor
I
I,
just
like
to
put
in
my
two
cents
here,
I
think
anyone
in
the
audience
and
anyone
watching
will
see
how
frustrating
the
situation
is
for
everyone
up
here.
Not
only
are
we
trying
to
make
really
complex
policy
on
the
fly
but
also
trying
to
help
residents
and
and
just
do
the
best
that
we
can.
H
My
concern
with
the
planning
and
zonings
decision
was
I
do
think
it
was
arbitrary
and
capricious
I
think
that
they
used
a
federal
law
as
a
marker,
but
not
on
everything
and
so
I'm
really
struggling.
Seeing
that
thought
process
through
I'm
also
concerned
that
we're
setting
pseudo-policy
about
what
happens
in
the
future,
based
on
this
I
I
would
prefer
that
the
parties
could
get
together
and
figure
this
out,
that's
not
going
to
happen.
I
think
we
all
wish
that
was
going
to
happen.
H
That's
always
better
when
there's
compromises
brought
to
us,
but
I,
think
Planning
and
Zoning
was
was
arbitrary
and
I
understand
why
they
tried,
but
at
the
end
of
the
day,
I
I
don't
feel
comfortable
voting
for
this,
because
I
think
there's
just
way
too
many
questions
for
something.
This
large
that's
going
to
have
implications
far
beyond
this
meeting.
B
C
B
I'm,
we
may
get
you
out
of
time
in
this
situation.
So
let
me
let
me
propose
to
the
secondary
modification
just
addressing
the
three
conditions
that
were
at
issue
in
the
applicant's
appeal.
B
The
applicant
will
give
the
existing
tenants
six
months,
not
one
year
prior
written
notice,
to
vacate
the
facility
upon
identification
of
housing
for
each
existing
tenant.
The
applicant
will
pay
relocation
expenses
consistent
with
the
cost
schedule
of
the
uniform
relocation
act,
because
it
happens
to
be
a
good
proxy
for
what
this
will
cost.
C
All
right
well,
I,.
C
G
B
Madame
mayor
that
and
because
the
condition's
a
little
bit
inert
in
that
they
can't
do
anything
until
everybody's
moved
out,
but
it
shortens
the
timeline
for
them
to
get
this
work
done,
and
so
it
provides
some
of
the
finality
that
council,
member
Nash
was
looking
for
and
then
clarifying
that
the
uniform
relocation
Act
is
a
guide
that
exists
out
in
the
federal
world.
That
happens
to
apply
well
to
the
facts
here,
rather
than
something
we're
applying
like
a
law
hopefully
addressed
some
council
member
Willits
concerns.
H
Mayor
had
another
question
sure,
council
member
of
agent,
can
you
talk
a
little
bit
about
not
removing
the
condition
on
number
four.
B
Madam,
mayor
I
think
we
have
incredibly
ample
evidence
that
that
there
is
not
a
place
for
people
these
people
to
go
at
exactly
the
rent
that
they're
paying
they
need
to
go
somewhere.
Otherwise,
we
heard
testimony
the
alternative
is
quite
possibly
homelessness.
The
only
way
to
ameliorate
that
is
to
provide
some
sort
of
buffer
that
opens
up
the
range
of
places
they
might
be
able
to
get
into
that
buffer
in
our
society
as
money
and
that
money
gets
paid
and
conditioned
for.
C
C
All
right
with
that
I'm
gonna,
I'm
gonna
call
the
question
and
we'll
I'll
ask
the
clerk
to
call
the
rule.
B
C
You
I
I,
didn't
want
to
say
anything
earlier,
because
I
wasn't
sure
if
I
was
Voting,
I
figured
I'd
just
asked
to
explain
my
vote
on
this
one
first
I
want
to
thank
everybody
for
being
here.
I
want
to
thank
the
Planning
and
Zoning
commission
for
the
work
that
they
did
and
the
Deep
deliberation
that
they
had
and
I
hope
that
the
public
here
in
the
community
sees
how
seriously
this
Council
takes.
C
These
issues
I
would
have
voted
for
the
first
motion
with
the
the
year
Runway
and
I
appreciate
that
you
explain
that
if
you
tighten
it
up
with
relocation,
it'll
just
get
it
done,
but
I
would
have
voted
for.
C
The
first
motion
and
I
appreciate
that
the
Fair
Housing
Council
has
asked
us
to
have
a
policy
discussion
about
bit
more
issues
than
just
the
specific
application,
and
so
while
mediation
for
this
application,
I
also
believe
it
would
not
have
worked
with
the
with
two
parties
coming
at
it
from
such
a
different
place,
but
the
appropriate
place
for
the
discussions
about
how
we
care
for
our
seniors,
how
we
ensure
that
there's
housing
for
everyone,
that's
affordable
at
Boise
budgets.
C
At
all
ages,
some
of
those
things
that
you
brought
up
saying
you
that
you
wanted
us
to
have
a
conversation
about,
is
better
to
be
had
as
policy
make
policy
makers
as
we're
looking
at
our
housing
strategies
and
housing
policies
in
this
community
and
then
in
a
mediation
and
and
I
just
say
that
it's
something
we
do
need
to
look
at.
I
really
appreciate.
Mr
Hutchinson's
comments
in
history
on
the
the
booms
in
our
own
in
our
own
Community
I.
C
Think
many
of
us
have
experienced
or
have
friends
that
have
experienced,
trying
to
find
and
places
for
their
loved
ones
to
live
at
this
age
and
Beyond
in
their
life,
and
it's
either
it's
a
responsibility
that
falls
on
all
of
us,
but
as
we
look
at
at
just
the
importance
of
Housing
and
dignity
and
care
for
everyone
in
our
community,
this
is
important
that
we
get
this
right.
C
As
we
look
at
nationally
occurring,
affordable
housing
in
our
modern
zoning
code,
it's
important
that
we
get
that
right
and
so
I
I
do
want
to
continue
that
conversation
because,
ultimately,
like
we
were
talking
about
you
know,
is
it
going
to
cost
this
investor
to
help
it's
right,
their
residents
find
a
new
home,
or
is
it
going
to
cost
the
city
as
we're
dealing
with
those
who
are
unhoused
now,
because
this
has
happened
which
is
ultimately
a
cost
to
the
public,
and
so
we've
got
to
figure
out
as
a
community
how
we
tackle
some
of
these
really
big
issues
that
we're
doing
a
lot
and
making
a
lot
of
progress
on,
but
I
think
that
this
application
in
particular,
pointed
out
the
need
for
us
to
have
a
a
conversation,
a
policy
conversation
and,
frankly,
a
community
conversation
about
how
we
preserve
housing
for
our
seniors,
that's
affordable
and
how
we
meet
the
need,
that's
sure,
to
come
in
the
days
and
years
to
come.
C
Thank
you
and
with
that
we
have
two
more
topics
that
I
believe
we
can
finish
before.
10
we're
not
going
to
pick
up
new
business
after
10.
before.
F
We
move
on
I
need
to
make
a
motion
that
on
CBA
22-27
4355
North,
five
Shire
requesting
a
deferral
to
a
date,
certain
of
May
16
2023.
G
C
F
B
C
Is
there
a
neighborhood
association
present
for
this
one
online,
all
right
and
anybody
here
in
the
public
to
testify
on
this?
How
about
online
all
right?
So
one
of
the
things
if
you're
in
agreement
with
the
terms
and
conditions
of
Staff
report,
you
can
also
just
let
us
know
that
all
right
go
ahead.
N
Madam
mayor
council
members
I'll
make
this
quick,
then,
for
you
is
car
23-7,
a
modification
of
the
development
agreement
to
increase
the
height
of
the
da2,
accommodate
elevator
overruns
and
roof
access
stairs
located
on
Denton
Street.
This
subject,
property
is
rezoned
c2dda
in
1999
and
then
modified
in
2003
to
allow
for
additional
uses
in
height
in
2021,
There
Was
An
approved
PUD
and
da
modification
to
allow
for
multi-family,
residential
and
Commercial
uses
within
the
single
structure,
and
this
also
allowed
for
a
height
exception,
up
to
63
feet.
N
Currently,
the
applicant
is
requesting
a
modification
to
that
PUD
and
da
for
an
additional
height
exception
to
accommodate
the
elevator
open,
runs
and
roof
access.
Staircase.
The
planning
team
is
supportive
of
the
modification
and
is
minor
to
the
overall
development
and
the
proposing
height
increase
was
modified
and
administratively
under
PUD
23-5,
with
all
other
conditions
of
the
original
PUD
upheld
and
in
conclusion,
the
planning
team
recommends.
Approval
and
I
will
be
happy
to
answer
any
questions.
V
You,
madam
mayor
councilman,
my
name
is
Jay
Gibbons
I
represent
South
beckenberg
and
the
owner
of
this
project.
I.
My
address
is
2002
South
Vista
here
in
Boise,
so
first
off
I'm,
gonna,
I'm,
gonna,
say
yes,
I'm
in
favor
of
of
staff's
conclusions,
recommendations
and
and
the
conditions
that.
V
V
What
the
reason
we're
back
is
because
we
got
ready
for
building
permit
submitted,
submitted
drawings
and
and
staff
pointed
out
that
okay,
you
gotta,
you
gotta.
You
got
a
height
exception
to
six
three
feet
for
the
height
of
the
building,
but
they
were
concerned
that
our
proposed,
because
we
have
the
the
we
have
three
elevator
each
of
those
have
to
extend
above
the
roof
a
certain
distance
in
order
to
to
to
have
the
elevator
equipment.
And
then
originally
we
had
roof
access
for
maintenance
of
AC
mechanical
units.
V
What
have
you
was
through
a
hatch?
So
it
didn't
add
to
the
roof
height,
but
we
had
a
change
of
Architects
and
a
conversation
with
the
owner
and
it
was
we
felt
it
was
safer
for
our
future
maintenance
people
to
carry
their
their
tools
and
equipment
up
the
stairs
to
the
roof,
as
opposed
to
crawling
up
a
ladder
through
a
hatch
and
so
that
increased
it
further.
V
But
I
I
have
a
Graphic
that
shows
the
three
locations,
so
the
West
elevator
is
near
the
corner
of
Denton
and
Cole
the
South
elevator
is
you
got
the
the
off-ramp
from
the
connector
to
Coal
Road
we
face
up
there,
there's
one
there
and
there's
one
in
the
middle
of
the
roof,
the
central
elevator
that
you
won't
see
from
the
ground,
anyways
and
then
the
roof
Tower
access
is
just
one
one.
V
We
have
several,
of
course,
still
stereo
elements,
but
just
the
one
on
on
Denton
goes
to
the
roof
itself,
so
those
are
basically
we're
just
asking
for
allowance
to
to
increase
the
height
for
those
elements.
The
building
doesn't
change
height,
we're
sticking
to
the
the
original
63
feet
for
the
parapet
height.
It's
just
the
overruns
on
the
and
the
scare
Tower,
and
this
this
graphic
shows
it's
a
pretty
picture.
What
has
never
really
been
discussed
before?
Would
you
see
all
the
color
there?
V
On
top
of
the
parapet,
the
building
is
set
back
from
the
parapet
interiorly,
and
then
that
is
all
there's
a
clubhouse
and
Recreation
space
for
all
the
residents
that
that
is
on
and
there's
so
there's
pool,
there's
quartz,
there's
a
dog
run
and
everything.
So
that's
not
germane
to
the
topic
at
hand
per
se.
I
just
wanted
to
show
this
graphic
shows
where
those
those
elements
extend
above
the
roof
height.
With
that
I'll
stand
for
questions
great.
F
C
All
right,
I
just
want
to
confirm,
nobody's
here,
for
this
I'll
go
ahead
and
close
the
public
hearing.
F
B
E
G
C
All
right
and
our
final
item-
CR
22-46
on
Starview
Drive
we've
got
Jesse
again
and
then
David
Powell
from
River
Ridge
engineering,
oh
great,
all,
right
and
then
do
we
have
somebody
from
Warm,
Springs
Mesa
here
online,
all
right!
So
there's
no
neighborhood
association.
Here!
Anybody
from
the
public
here
for
this
one
online!
All
right!
You
can
kind
of
do
the
same
drill.
N
N
I
was
about
to
say
that
yeah,
thanks
to
that
sub
is
also
included.
The
subject
property
is
currently
undeveloped,
with
single
family
homes
on
all
sides,
and
it
is
located
in
the
Foothills
planning
area
within
the
Wii
area
and
approximately
600
feet,
north
of
the
Warm
Springs
and
Park
Center
Community
Activity
Center.
N
N
The
open
land
District,
which
is
currently
zoned,
is
intended
for
Parkland
and
low
density
residential
development,
while
the
r1c
zone
is
intended
for
other
residential
uses
with
the
existing
r1c
across
the
street
that
the
proposed
zone
is
the
most
fitting
for
the
area,
and
while
there
was
some
public
opposition
to
the
proposed
Zone
due
to
density
concerns,
the
commission
found
the
r1czo
to
be
appropriate,
especially
accompanied
with
the
two
lot
subdivision.
N
These
two
lots
would
have
access
from
Starview
Drive
their
existing
curb
and
gutter
improvements
along
the
north
side
of
Starview
Drive,
but
no
improvements
on
the
south
side
of
the
street
as
the
boulder
Heights
estate
subdivision
continues
to
develop.
There
will
be
sidewalk
on
the
north
side
of
Starview
Drive
connecting
to
Warm
Springs
Avenue.
A
recommended
condition
of
approval
at
the
Planning
and
Zoning
commission
meeting
was
to
require
the
applicant
to
install
curb
Gutter
and
detach
sidewalk
with
Street
trees
in
that
landscape
buffer
along
Starview.
N
Yesterday,
ACG
comment
was
received
with
recommendations
to
not
stall
and
solve
curb
and
gutter
and
sidewalk.
With
concerns
about
drainage.
There
is
planned
storm
drain
system
that
is
not
currently
installed
in
achd
expressed
concerns
about
the
impact
of
the
proposed
improvements
on
neighboring
properties
prior
to
the
installation
of
the
storm
drainage
system,
and
in
conclusion,
the
planning
zoning
commission
recommended
approval
of
the
applications
and
I
can
answer
any
questions.
F
N
Mayor
council
members,
it
is
up
to
your
discretion.
Usually
we
do
work
with
achd
on
these
type
of
applications,
but
being
as
this
comment
was
so
late,
we
hadn't
really
had
any
chance
to
revise
that.
Typically,
their
concerns
have
to
do
more
with
the
curb
and
gutter
with
drainage
rather
than
sidewalk,
because
there
will
be.
You
know
a
lot
of
Paving
and
Imperial
Service
on
the
site
already,
but
the
carbon
gutter
tends
to
direct
storm
water
one
way
or
another.
N
N
B
The
storm
draining
drainage
system
that
I'm
sorry.
What
is
it
is
it
something
achd
is
installing.
Is
it
something
the
applicant
is
installing?
Is
it
part
of
achd's,
Master
I,
just
I,
don't
know
what?
What
is
that.
N
B
X
I
appreciate
everybody
he's
had
a
long
evening:
Wyatt
Johnson,
5549,
North,
Mendelson,
Meridian
I'm,
the
owner
of
the
project
and
again
I
I
appreciate
it.
This
is
it's
been
a
long
evening.
X
X
It
fits
well
with
the
topography.
All
the
surrounding
large
lots
are
on
slope.
This
is
one
last
large
area
that
is
not
on
a
sphere
slope,
we've
done
all
the
geotechnicals
and
it
really
fits
the
comprehensive
plan
goal
of
increasing
density
without
increasing
the
city's
footprint.
Now
on
the
sidewalk.
X
You
can
cut
me
a
break
where
you've
got
an
unusual
condition.
I
know
that
the
ordinary
the
ordinary
case
with
new
subdivisions
is
that
you
want
curb
Gutter
and
a
grow
strip
and
divided
sidewalk.
X
This
is
not
the
ordinary
case
and,
in
this
case,
I
think
requiring
that
that
sidewalk
would
be
problematic
with
achd
and
wasteful.
If
you
look
right
now,
this
is
at
the
lot
looking
West.
X
X
My
understanding
is
that
from
the
engineer
in
this
case
that
how
you
deal
with
this
is,
if
we
don't
have
a
curb
running,
the
drainage
is
that
we
basically
have
to
allow
for
the
natural
flow
to
continue
over
the
property
and
we're
going
to
have
to
work
with
that
with
grading.
X
The
sidewalk
would
be
as
much
of
a
problem
as
a
curb
and
gutter,
because
again
it
would
be
directing
that
runoff
Down
star
view,
which
now
what
we're
gonna
have
to
do
is
we're
gonna,
have
to
figure
out
a
way
to
basically
allow
it
to
flow
over
over
the
property.
X
So
they're,
one
of
the
reasons
why
I
came
into
planning
and
zoning
and
said
look:
can
we
weigh
the
sidewalk
requirement?
In
that
case
it
wasn't
occur,
but
just
the
sidewalk
was
because
it
was
the
sidewalk
from
nowhere
to
Nowhere.
In
an
already
developed,
a
place
and
I
know
that
there's
a
concept
of
look
every
time
things
are
getting
developed,
let's
go
ahead
and
put
them
sidewalk,
but
this
is
a
residential
neighborhood.
That's
that's
fixed!
It's
going
to
be
the
same
in
100
years,
but
Planning
and
Zoning
such
well
Mr
Johnson.
X
We
don't
like
that.
Second
concern.
I,
think
that
this
is,
if
I
had
to
have
a
sidewalk,
the
only
other
sidewalks
up
there
are
attached.
This
is
further
up
on
the
boulder
Heights
and
you'll
notice
that
or
the
boulder
point
they
have
the
sidewalks
attached
to
the
curb.
X
My
understanding
is
that
the
reason
for
that
is
to
minimize
the
hard
surface
area
in
the
Foothills.
So
if
I
had
to
have
a
sidewalk
and
at
least
like
it
attach
the
curb
that
was
an
alternative
except
for
today
we
just
learned
that
achd
has
said
you
know
no,
a
we're
not
requiring
any
improvements,
because
the
traffic's
the
light
and
B.
We
don't
want
any
curb
or
any
improvements
at
all,
because
we
don't
want
to
direct
the
water,
because
the
drainage
that's
being
posed
down
further
down
star
view.
X
The
storm
drainage-
it's
not
completed,
yet
they
apparently
say
look
we're
forcing
more
water
down
starving
on
us.
Until
we
have
this
completed,
it's
going
to
be
a
problem.
Okay,
a
third
issue
is
courtesy
to
the
neighbors.
Honestly,
as
you
can
imagine,
the
neighbors
up
here
are
not
really
excited
about
anything
being
built
on
the
slot.
They've
had
a
lot
of
open
space
there
and
they've
seen
it,
and
this
is
this
is
a
view.
X
Looking
from
my
neighbors
across
the
street
looking
out
over
their
viewscape
is
that
they've
they've
got
some
Vistas
there.
One
of
the
byproducts
of
doing
the
proposed
condition
site
condition.
Number
two
is
that
I
would
plant
a
class
three
or
class
two
trees.
Every
40
feet
right
up
along
the
road
which
really
the
class.
Those
trees
are
between
30
feet,
wide
and
high
to
70
feet
wide
time.
X
Under
the
circumstances,
we
have
really
three
reasons
to
cut
me:
a
break
on
the
sidewalk
one
and-
and
this
one
I
think
is-
is
serious,
and
this
is
one
that's
new.
Is
it
achd
doesn't
want
to
be
directing
any
more
water
down
starving
for
the
for
the
time
being.
X
Second,
of
course,
my
neighbors
I
I,
if
I,
can
avoid
putting
those
trees
up.
That's
great.
Third,
it's
a
sidewalk
from
nowhere
to
Nowhere,
which
I
I
know.
There's
a
policy
putting
in
sidewalk,
but
I
think
this
might
be
an
occasion
to
avoid
it
and
it
it
it's
gonna
I,
don't
I,
don't
it's
going
to
make
it
problematic
for
us
to
deal
with
that
drainage
without
without
the
curb,
as
an
alternative.
I
personally
am
interested
in
being
able
to
tie
into
drainage
with
with
achd
whenever
they're
fit.
X
If
we
could
pose
an
alternative
condition,
rather
than
the
curb
Gutter
and
sidewalk,
just
to
condition
that
I
work
with
achd
on
developing
whatever
curb
or
Improvement
or
drainage
Improvement,
they
want
along
star
view,
when
they're
ready
to
put
it
in
place.
If
we
can
do
something
like
that
and
work
on
their
timeline,
I'd
appreciate
that
I
really
appreciate
everybody's
time
and
energy.
X
I
know
this
isn't
as
consequential.
Some
of
the
things
that
we've
been
dealing
with
today,
but
it's
important
to
me
and
I
appreciate
you
taking
your
time.
Thank
you.
A
B
Mayor
I
have
one
question:
it's
really
difficult.
The
photos
are
helpful.
It's
difficult
to
tell
from
the
flat
photos
in
our
packet,
but
the
Lots
look
like
they're
on
a
slope
or
partly
on
a
slope,
and
my
question
is
how
or
to
what
extent
does
the
presence
of
a
sidewalk
there
affect
how
you
can
build
on
or
use
the
lot.
X
Here,
let's
look
at
some
photos
that
are
probably
yeah
this.
This
shows
again
I'm
looking
East
here
so
they're.
The
presence
of
a
sidewalk
does
there's
probably
some
space
there.
It
is
going
to.
It
is
going
to
take
some
regrading.
X
X
It's
it's
not
going
to
be
inexpensive,
and
this
is
240
feet.
Frontage
I
mean
that's
why
these
lots
are
going
to
be
so
great
they're
going
to
be
two
120
foot:
lots
that
people
should
be
happy
with
I'll
be
happy
with
it.
It'll
push
that
back
and
it'll
cause
some
problems.
X
I
think
the
biggest
problem
in
the
immediate,
the
immediate
problem
in
in
a
real
one
that
I
didn't
contemplate
before
is
that
if
I
put
in
a
sidewalk,
even
if
I
don't
put
in
the
curb
and
gutter,
that's
still
going
to
be
forcing
drainage
down
down.
Star
view,
which
is,
is
the
concern
that
achd
was
Raising
and
yeah.
However,
so.
A
X
I'm
only
planning
on
keeping
one
of
the
Lots
I.
Imagine
that
we'll
probably
be
two
stories
over
grade
that
you
build
with
a
daylight
basement
typically
out
there.
So
it's
going
to
depend
on
on
that.
So,
okay,
yeah.
G
I
think
that
the
trees
you're
referring
to
are
the
ones
that
would
be
required
for
the
separated
sidewalk.
That.
X
G
Escape
but
you're
not
in
opposition
to
the
re-vegetation
plan.
That's
also
one
of
the
conditions.
No.
X
No
I
I
haven't
no
that
the
only
the
only
the
thing
with
the
trees
that
I
had
the
issue
is
what
what
what
that
would
be
building
is.
It
would
be
building
a
screen
along
the
roadway
and
and
I
and
I
get
the
picture
in
most
in
most
of
most
of
our
other
neighborhoods,
that's
actually
a
nice
amenity,
it
goes
up
and
and
it
it
grows
up
it's
over
the
street.
X
It
makes
the
streetways
nice
and-
and
it
has
a
different
aesthetic
in
this
case,
because
the
the
real
concern
is
that
that
foreign
viewscape,
those
those
neighbors
have
across
the
street
and
granted
there's
going
to
be
something
in
their
way,
but
those
those
six
trees
of
that
size
are
whatever.
A
G
That
because
I'm
I'm
on
board
with
you.
A
O
G
Think
that
this
is
in
the
woolly
area,
we've
got
some
restrictions
and
some
re-vegetation
that's
listed
in
here
that
has
to
be
approved
by
a
re-vegetation
specialist.
The
trees
I
think
were
specific
to
the
sidewalk.
Yes
and
so
I,
don't
know
that
the
trees
would
actually
be
required.
You
know
without
the
sidewalk
the
last
question
I've
got
for
you
regarding
the
sidewalk.
Is
that
I
think
I
agree.
G
I,
don't
know
that
it
makes
sense
to
put
this
on
here,
especially
doing
it
without
the
carbon
Gutter
and
a
variety
of
other
things,
and
it's
not
recommended
by
achd
now
I
do
you
know
never
want
to
give
up
hope
that
there
may
be
a
sidewalk
somewhere.
Is
there
the
ability
to
make
sure
that
there
is
room
for
a
sidewalk
in
the
future
if
they
ever
decided,
there
was
going
to
be
put
one,
even
if
you
didn't
have
to
put
it
in
yourself.
There.
X
Probably
is
if
we
did
that,
where
did
I
go
it's?
G
X
I
I
I
could
live
with
that
I
I'm
I'm
I'm,
trying
to
think
of
how
that
would
be
there.
But
you
know:
yeah
I,
I
I
could
live
with
that
as
some
sort
of
a
I
I
suppose
it
would
be
some
sort
of
a
covenant
or
something
like
that
that
maybe,
when
you
already.
X
When
the
curb
went
in
that
it
would
include
an
attached,
sidewalk
or
something
cool.
G
Men
mayor,
the
question
was
going
to
be:
if
we
didn't
require
the
sidewalk,
which
achg
at
this
point
is
recommending
that
we
don't
put
in,
could
we
include
in
a
condition
I
guess
it
would
be
an
easement
in
case
there
was
a
future
sidewalk
that
that
easement
would
be
protected.
N
C
All
right,
I
would
just
want
to
confirm
nobody
is
here
for
this
one
online,
any
further
questions
of
staff.
C
F
That
a
mayor
can
we
do
these
as
one
motion
or
is
it
two
motions.
F
B
A
F
The
motion
a
second
to
go
ahead,
yeah
I,
think
that
it
makes
a
lot
of
sense,
Madame
mayor
to
remove
the
curb
better
sidewalk
coordinate
on
a
drainage
plan,
but
I.
It
seemed
I
mean
on
projects
like
this
when
achd
does
end
up
installing
sidewalks
in
the
future.
Generally,
it's
already
inside
the
achd
right
of
way,
so
I'm
not
concerned
about
require
requiring
additional
easement
in
a
setback
that
already
exists
to
create
a
sidewalk,
that's
outside
of
achd's
current
right-of-way
in
future.
G
Yeah
man,
I
guess
I,
would
have
to
ask
staff
if
that
would
limit
our
ability
to
put
in
a
sidewalk
in
the
future.
If
it
would
give
us
enough
room,
there's
a
chance
that
this
could
be
a
sidewalk.
It's
also
a
chance.
It
could
be.
You
know
a
future
future
easement
to
a
pathway
further
up
in
the
Foothills
I.
Think
that
the
point
I
was
trying
to
make
was
just
to
not
eliminate
that
from
being
a
possibility,
and
so
I
would
worry
about
taking
away
any
sort
of
space
or
opportunity
for
that
for
the
future.
N
Madam
Madam
mayor
council
members
I
did
just
check
and
it
looks
to
be
that
there
is
about
nine
or
ten
feet
between
the
property
line
and
the
current
roadway.
So
there
would
be
enough
room
for
an
attached
sidewalk
in
the
right-of-way
as
that
currently
stands.
But
if
there
was,
you
know
a
want
or
a
thought
process
about
an
additional
easement
while
there
is
a
building
setback
of
20
feet
from
the
front
property
line,
just
protecting
that
public
area.
N
After
that,
you
know,
area
between
the
road
and
the
property
line.
I'm.
Sorry,
my
brain's
not
working
very
well.
G
N
Mountain
America
council
members,
any
building
that
would
go
on
to
this
parcel,
would
have
to
meet
any
of
the
building
setbacks,
which
are
typically
20
feet
to
parking
15
feet
to
building,
and
that
is
something
that
is
around
the
city.
We
do
see
that
achg
sometimes
does
take
right-of-way
out
of
that,
even
so,
and
that
does
make
for
a
fairly
crowded
front
area.
But
again
that
is
the
minimum
that
would
be
required.