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HomeMy WebLinkAboutMiscellaneousA CITY OF IDAHO tiF CFVR'/*' TRE1SURE \1-3-Y SINCE 1903 MAYOR Tammy de Weerd October 23, 2006 CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Michaelina (Mia) Murphy Shaun Wardle Murphy Law Office P.O. Box 409 CITY DEPARTMENTS Meridian, Idaho 83680-0409 Phone (208) 855-2200 City Attorney/HR 703 Main Street 898-5506 (City Attorney) Re: Request for Public Records 898-5503 (HR) Fax 884-8723 Dear Ms. Murphy Fire 540 E. Franklin Road Your request for copies of public records was received on the 18th 888-1234 / fax 895-0390 day of October, 2006. The City of Meridian has processed your Parks & Recreation request within the statutory three (3) working days. Enclosed you will 11 W. Bower street. find the following items or explanation for not including the requested 888-3579 / fax 898-5501 item: Planning 660 E. Watertower Lane - 1997 Conditional Use Permit Findings for Ultra Touch Car Suite 202 Wash at 835 East Fairview Avenue - included 884-5533 / fax 888-6844 - 1996 Annexation and Conditional Use Permit Findings for Police 835 East Fairview Avenue -- included 1401 E. Watertower Lane - Development Agreement for Ultra Touch Car Wash and/or 888-6678 / fax 846-7366 KBC Development, LLC - item apparently not completed Public Works and not on file with the City Clerk nor Ada County 660 E. Watertower Lane Recorder Suite 200 - Development Agreement for Initial Point development with 898-5500 / fax 895-9551 LaMont Kouba and Robnett Construction, Inc. - item - Building apparently not completed and not on file with the City 660 E. Watertower Lane Clerk nor Ada County Recorder Suite 150 887-2211 / fax 887-1297 1 look forward to assisting you with completion of the pending - Wastewater development agreement(s). Please feel free to call my office with any 3401 N. Ten Mile Road 888-2191/fax 884-0744 concerns. - Water Sincerely 2235 N.W. 8th Street 888-5242 / fax 884-1159 Sharon Smith Senior Deputy City Clerk CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK —FAX 888-4218 FINANCE & UTILITY BILLING —FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119 Printed on recycled paper Page 1 of 1 e"1 e"N Sharon Smith From: Sharon Smith Sent: Friday, October 20, 2006 12:34 PM To: C. Caleb Hood; Bill Nary; Will Berg; Anna Canning Cc: Tara Green Subject: Murphy Law Office / Kouba Development Agreement Attachments: DOC (8).PDF I spoke to Mia Murphy yesterday about her records request — and let her know that I have the UltraTouch carwash CUP findings as she requested from our office, but that I did NOT have a copy of the recorded DA by Lamont Kouba, which was a public hearing in July 2004. (which was done since they didn't complete one in the 1990's), and told her that I didn't think we finished the DA. She then told me that they submitted one signed copy of the DA after the public hearing, and that we must have lost that, as she has a second signed document in her office. She wanted to make an apptment with the Mayor to get it signed and take it to record herself since it was holding up a building permit — I told her that she could submit it here, I would pursue signatures and find the exhibits (which Tara says were a question when copies were sent out) and then we record it and send her a copy. She was rather flippant about us losing things, and I told her I would track it if she would submit it. (and a comment from Tara, we don't send out two originals on a DA, we send ONE and have ONE document recorded ....??) Just an FYI as I get this records request done. Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 10/23/2006 *..MURPHYLAOFFICE PLLC October 16, 2006 City of Meridian Legal Department 703 N. Main Street Meridian, Idaho 83642-2300 Re: PUBLIC RECORDS REQUEST Development Agreement - Initial Point To Whom It May Concern: /"'N Michaelina (Mia) Murphy Charles M. Murphy* *also licensed in Utah 00 18 2006 Human Resources/Legal City of Meridian We are writing to request a copy of the Conditional Use Permit(s) obtained by Ultra Touch Car Wash/Phillips 66 located at 835 E. Fairview, Meridian, Idaho 83642, and the Development Agreement between the City of Meridian, Ultra Touch Car Wash and/or KBC Development, LLC. Pursuant to Idaho Code § 9-339, I will expect to be contacted within three (3) days of the date of your receipt of this request. Please provide the requested materials to PO Box 409, Meridian, ID 83680. Please contact me or my paralegal, Beth Rountree, with any questions at 855-2200. Sincerely, Murphy Law Office., nT T `' A�ur Michaelina ("Mia") 847 E. Fairview Ave. P.O. Box 409, Meridian, ID 83680-0409 • (208) 855-2200, Fax (208) 855-0873 • www. murphylawoffice.com •'•`:` MLIRP1-f ' LAW OFFICE PLLC October 16, 2006 City of Meridian Legal Department 703 N. Main Street Meridian, Idaho 83642-2300 Re: PUBLIC RECORDS REQUEST Development Agreement - Initial Point To Whom It May Concern: Michaelina (Mia) Murphy Charles M. Murphy* *also licensed in Utah RD rJ?E`ZMV' . OC1 18 2006 Human Resources/Legal City of Meridian We are writing to request a copy of the fully executed Development Agreement for the Initial Point development. The Agreement is between the City of Meridian, LaMont Kouba and Robnett Construction, Inc. Pursuant to Idaho Code § 9-339, I will expect to be contacted within three (3) days of the date of your receipt of this request. Please provide the requested materials to PO Box 409, Meridian, ID 83680. Please contact me or my paralegal, Beth Rountree, with any questions at 855-2200. Sincerely, Murphy Law Office, PLL5 4CA OLI, I.. ichaelina ("Mia") Murphy 847 E. Fairview Ave. P.O. Box 409, Meridian, ID 83680-0409 • (208) 855-2200, Fax (208) 855-0873 • www. murphylawoffice.com Meridian City Council July 27, 2004 Page 47 of 56 drafts of things already going back and forth on the wording for that hearing. I did inform them that they would have to pay for the additional noticing costs. We have not asked them to file a separate application, but it is -- we have informed them that they will have to pay for the noticing costs. De Weerd: Okay. Well, I guess I would ask that in the information we get we can get a little bit more information. All we have is to table this and that a Public Hearing will need to be held and no other information is available and I think that would be helpful. Okay. Is -- okay. We have -- we are moving on. Item -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would move that we table Item 13 to August 3rd, 2004. Rountree: Second. De Weerd: Okay. It has been moved and seconded to table Item 13 to August 3rd, 2004. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: Development Agreement for Lamont Kouba / Robnett Construction: De Weerd: Item 14 is a Public Hearing for a development agreement for Lamont Kouba and Robnett Construction. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, again, this is one that usually comes to you on a Consent Agenda, but we have asked that it be a Public Hearing. Unlike the Item No. 12, this one has a very detailed description why that's necessary. This development agreement was initiated sometime ago, 1996, but is now being executed. That's one of the reasons for bringing it forward to you in a Public Hearing process. The other is to remove the requirement for -- that all the -- all the buildings on the parcel be approved through the CU process. The Lamont Kouba Robnett development agreement involves the Initial Point Subdivision as shown here south of Fairview Avenue. You just saw the subdivision I believe last month. This is the outline of that subdivision. Ultra Touch Car Wash is just to the north on the east side of that property and, then, they have a street that comes down in between them. So, this is the subject of this development agreement. All the proposed uses are office at this time, so staff did look at taking away the CUP requirement, in addition to the fact that it had been a long time since this development agreement was initiated and the Comprehensive Plan that's referenced in that document is not the current plan, so that we felt it was important to change that reference as well. Those are the three primary reasons we are bringing it to you in this Public Hearing form. The big issue, though, is the -- what this Meridian City Council July 27, 2004 Page 48 of 56 development agreement does do is it relegates 11 parking spaces on this property for the use of Ultra Touch and that has been a concern of the Ultra Touch folks, it's been an outstanding issue for quite some time, but we do have recorded easements in place and the plat, it did reference that cross -access and use of those spaces as well. Staff is satisfied that it meets the conditions of the original approval and is -- protects the 11 parking spaces arrangement as well. De Weerd: Thank you, Anna. Any further comment? Questions for staff? Is the applicant here this evening? You probably looked at our agenda and thought, boy, it's going to be a fast meeting. Robnett: Madam Mayor, Members of the Council -- De Weerd: If you will, please, raise your right hand. It is a Public Hearing, so I need to swear you in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Robnett: Yes, I do. De Weerd: Thank you. If you will, please, state your name and address. Robnett: My name is Mike Robnett. I reside at 655 Oakhampton, Eagle, Idaho. De Weerd: Thank you. Robnett: I'm here tonight to represent Mr. Lamont Kouba on this development agreement for Initial Point Subdivision. Lamont sold the front part to Ultra Touch Car Wash years ago and, then, he got the back half rezoned, started this development agreement with the city, and the use that he had intended did not go through and we were not involved in any of that process up until about six months ago we became involved with Mr. Kouba and we have put together this -- he still owns the ground and we are working with him to get it through the city. One of the biggest issues was the 11 parking stalls and we do have a recorded easement that allows Ultra Touch Car Wash 11 parking stalls on the property, as well as the required public access through to the property to the west. As far as the CUP goes, that was put on -- I believe it was a snowmobile shop that was going in there prior and so it was put on the property due to that and we are asking that that be lifted, because now we are just putting in an office complex with six office buildings all similar uses. So, with that I would love to answer any questions. De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: No. Thank you. Meridian City Council July 27, 2004 Page 49 of 56 Robnett: Thank you. De Weerd: Is there anyone else who would like to provide testimony on this application? If you will please come forward. And if you will raise your right hand. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Bainbridge: Yes. De Weerd: Thank you. Please state your name and address. Bainbridge: Steve Bainbridge, 5317 North Brigadoon, Meridian. First of all, I want to just say I almost missed my golf tee time tomorrow just because of the meeting. Okay. Just real quick, the easement that Lamont Kouba recorded, I just want to make sure that that recorded easement on July 8th of 2004 by Lamont meets all the necessary requirements and complies with the Ultra Touch Conditional Use Permit and development agreement set forth by the city. That's the only thing I have. Thank you. De Weerd: Okay. Any questions, Council? Thank you. Is there any further testimony on this application? Thank you. Council, any comments. Hearing none, do we have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on Item 14. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the development agreement for Lamont Kouba, Robnett Construction and to include all staff and public comments. Wardle: Second. Meridian City Council July 27, 2004 Page 50 of 56 De Weerd: It's been moved and seconded to approve the development agreement on Item 14. Is there any further discussion or clarification? Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, I think Mr. Bainbridge needs an answer to his question and I believe, Anna, that Brad has reviewed the cross -access easement or parking easement and approved that, has he not? Canning: Madam Mayor, Members of the Council, yes, he has and Mr. Bainbridge called this afternoon and we talked to him briefly and Brad rechecked the easement and is satisfied that from the city's standpoint it does meet all the conditions of approval for Ultra Touch and for Initial Point. De Weerd: And so, therefore, there are no changes needed to this agreement? Canning: Correct. De Weerd: Thank you. Okay. Okay. Well, the motion in front of you is to approve Item 14. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Public Hearing: VAC 04-003 Request for a Vacation of utilities, drainage and irrigation easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: De Weerd: Thank you. I think that's affirmative; right? Okay. Item 15 is a Public Hearing on VAC 04-003. 1 will open this Public Hearing with staff comments. Watson: Thank you, Madam Mayor and Council Members. I have the pleasure of presenting you probably the most mundane thing tonight, I hope. This is a vacation of an existing public utilities drainage and irrigation easement along and interior side lot line in Packard Acres Subdivision No. 2, Lots 22, 23. 1 signed a lot line adjustment I think in May where they relocated that interior lot line. As part of that relocation they need to vacate that ten -foot wide easement that was created with the original plat. We only do that, so that there is no problems with the buildings being over the top of that. That's about all there is to it. There is no known utilities within that easement. We don't have any issues from any other utilities, so we recommend approval. CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE July 27, 2004 ITEM # PROJECT NUMBER 14 PROJECT NAME Development Agreement for Lamont Kouba NAME (PLEASE PRIN JUk_ 2 7 2 FOR I AGAINSTINEUTRAL CITY OF MERIDIAN NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, July 27, 2004, for the purpose of reviewing a new Development Agreement between the City of Meridian and Lamont Kouba and Robnett Construction, Inc. to allow an office park development on 2.6 acres in an existing C -G zone generally located east of North Meridian Road and south of East Fairview Avenue, A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available to review upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public mpptipg,:, 0/1 DATED 9t" day of July, 2004 �'ev�.oc PORq 3 WILLIAM G. BERG, JR1, CITY CLE PUBLISH 12 and 19July,Gc �� day of to to 2004 �'Oy Gsr �s c °j' ; a,o-to'w ICINITY MAP FC INITIAL POINT SUBDIVISION LOCATED IN A PORTION OF THE NW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., R.IE., B.M. MERIDIAN, ADA COUNTY, IDAHO 2004 J w E JOY CIR w z a Z ��LLAGE St .. E __FAIRVIEW AVE - U. S HWY 30 RADIUS NOTICE REPORT FILE NAME kouba2 09 -Jul -2004 Owners Owner Address ARMOLEA TONY S 1054 E CROSSBILL CT HAYS JOANNE C MERIDIAN, ID 83642-0000 Property Address: 1054 E CROSSBILL CT BACHLEDA DONA M 997 E CROSSBILL CT MERIDIAN, ID 83642-0000 Property Address: 997 E CROSSBILL CT BERTRAM PHYLLIS A 1471 N INEZ PL MERIDIAN, ID 83642-0000 Property Address: 1471 N INEZ PL BOWMAN ROBERT P 1341 N SHREVEPORT AVE BOWMAN KRISTIN D MERIDIAN, ID 83642-0000 Property Address: 1341 N SHREVEPORT AVE BROWN TIMOTHY J & 1472 N INEZ PL BROWN LISA A MERIDIAN, ID 83642-0000 Property Address: 1472 N INEZ PL BUER JASON P 991 E CROSSBILL CT BUER WENDY M MERIDIAN, ID 83642-4045 Property Address: 991 E CROSSBILL CT CREEKSIDE ARBOUR II LLC 2720 S ARIEL LN MERIDIAN, ID 83642-0000 Property Address: 1425 NE 5TH AVE DANBURY FAIR HOA INC PO BOX 190446 BOISE, ID 83719-0446 Property Address: E CROSSBILL CT DIFFIN DEAN C & 1470 N INEZ PL DIFFIN LESLIE M MERIDIAN, ID 83642-0000 Property Address: 1470 N INEZ PL Owners Owner Address DWYER THOMAS M 1093 E CROSSBILL CT DWYER GERDA M MERIDIAN, ID 83642-0000 Property Address: 1093 E CROSSBILL CT GARCIA JULIO C & 992 E CROSSBILL CT GARCIA CHRISELDA MERIDIAN, ID 83642-4045 Property Address: 992 E CROSSBILL CT GUENTHER BILLY G 1469 N INEZ PL MERIDIAN, ID 83642-0000 Property Address: 1469 N INEZ PL HENBEST MATHEW W 3139 S BAYOU BAR AVE MERIDIAN, ID 83642-0000 Property Address: 1088 E CROSSBILL CT JOHNSON ELNORA L 8306 W STATE ST JOHNSON ELNORA L TRUSTEE BOISE, ID 83714-0000 Property Address: 1005 E FAIRVIEW AVE JONES RICHARD E & 91 W OAKHAMPTON DR JONES LYNDA K EAGLE, ID 83616-6731 Property Address: 813 E FAIRVIEW AVE JORDAN STEVEN M 1033 E CROSSBILL CT MERIDIAN, ID 83642-4017 Property Address: 1033 E CROSSBILL CT KBC DEVELOPMENT LLC 835 E FAIRVIEW AVE MERIDIAN, ID 83642-0000 Property Address: 835 E FAIRVIEW AVE KOUBA LAMONT 13490 GUFFEY LN KOUBA LYNN MELBA, ID 83641-0000 Property Address: 835 E FAIRVIEW AVE MCINTURFF CHARLES A 1435 N INEZ PL MCINTURFF DORIS L MERIDIAN, ID 83642-0000 Property Address: 1435 N INEZ PL 2 m Owners Owner Address /'S MERCER THOMAS J 890 E WENTWORTH ST MERCER JANICE KAY MERIDIAN, ID 83642-4046 Property Address: 890 E WENTWORTH ST MORGAN SCOTT W & 1020 E CROSSBILL CT MORGAN JODI MERIDIAN, ID 83642-4016 Property Address: 1020 E CROSSBILL CT MERIDIAN, ID 83642-0000 OLIVAS JOSEPH F 1466 N INEZ PL GOLDER TARA L MERIDIAN, ID 83642-0000 Property Address: 1466 N INEZ PL MERIDIAN, ID 83680-1192 PINAIRE DOUGLAS A 710 E BADLEY AVE STERLING CREEK HOMEOWNERS ASSOCIAT MERIDIAN, ID 83642-0000 Property Address: 710 E BADLEY AVE SHORT ELI A 1422 N INEZ PL SHORT STEPHANIE R MERIDIAN, ID 83642-0000 Property Address: 1422 N INEZ PL STERLING CREEK HOMEOWNERS ASSOCIAT PO BOX 1192 MERIDIAN, ID 83680-1192 Property Address: E BADLEY AVE STERLING CREEK HOMEOWNERS ASSOCIAT PO BOX 1192 MERIDIAN, ID 83680-1192 Property Address: E BADLEY AVE STERLING CREEK HOMEOWNERS ASSOCIAT PO BOX 1192 MERIDIAN, ID 83680-1192 Property Address: N INEZ PL STERLING CREEK HOMEOWNERS ASSOCIAT PO BOX 1192 MERIDIAN, ID 83680-1192 Property Address: N INEZ PL STERLING CREEK HOMEOWNERS ASSOCIAT PO BOX 1192 MERIDIAN, ID 83680-1192 Property Address: N INEZ PL 3 Owners Owner Address STRAIN ESTHER L Property Address: 1069 E CROSSBILL CT YUAN TRUST CHANG KEE WEN Property Address: E FAIRVIEW AVE 1069 E CROSSBILL CT MERIDIAN, ID 83642-4017 115 W WOOD DR PHOENIX, AZ 85029-0000 ���_lnl_J ��m I � I I I ��m SII I I