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HomeMy WebLinkAboutApril 18, 1995 C/C Minutes " - "",. 8 . Meridian City Council April 18, 1995 Page 17 Corrie: Mr. Mayor, I have one question, Gwen, have you read all of those staff, you have no problems with those? Mr. Mayor, I move that we approve the request for conditional use permit for the gift shop and office use for Brent and Gwen Alger. Morrow: Second Kingsford: Moved by Bob, second by Walt to approve the conditional use permit for a gift shop and office use by Brent and Gwen Alger, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: CONDITIONAL USE PERMIT REQUEST FOR A DAY CARE CENTER BY RICK AND GEORGIANA ELLIOTT: Kingsford: Is there any questions of the Council on the issue? Have you seen the findings on that, any problems there? Is there a motion on the findings? Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as written for the Planning and Zoning Commission. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as prepared by the Planning and Zoning Commission for Rick and Georgiana Elliott for a day care center, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? (End of Tape) Morrow: Mr. Mayor I would move that the City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Conditional Use Permit for a Day Care center by Rick and Georgiana Elliott conditioned upon the conditions in the findings of fact and conclusions of law, all those in favor? Opposed? ., -, -", 8 8 Meridian City Council April 18, 1995 Page 18 MOTION CARRIED: All Yea ITEM #11: AMENDED ELK RUN SUBDIVISION NO.2 FINAL PLAT: Kingsford: Does Council have any questions on that? Morrow: I have some questions, and primarily due to confusion I think. Coupled with this information on Elk Run we also had a letter from Nampa Meridian talking about participation in the tiling and piping of the ditch and then we had a letter in today's or this afternoon from City Attorney Crookston talking about he thinks the City should require a letter of credit or a cash deposit on the piping of the Kennedy Lateral before we allow any additional building permits or approval of final plat that is on today's agenda. I guess and reading this over, it is not very clear in my mind, I thought that what we had done in Elk Run Subdivision was is that on 2 different occasions in my time we had indicated that they needed to tile that lateral and it appears to me that if I understand this correctly the lateral is not tiled and that apparently the Elk Run folk have cut some sort of deal with Nampa Meridian by virtue of the copy of a letter to Jack Boon from John Anderson stating that in the Fall of 1995 which is 6 months from now that they will participate in donating the machinery or putting the machinery there to lay the' pipe. I think I am in complete agreement with Mr. Crookston given the fact of the history of this particular subdivision that we need substantially more guarantees that this is going to take place and so I guess I would like Gary Smith or someone to enlighten me as to how we got to this situation that we are at now. Kingsford: Well, I think in part and you might correct me if I am wrong somewhat, but in part we had misrepresentation of ownership. The people that actually are the owners have basically struck a deal with Nampa Meridian, you don't want to pipe during the irrigation season and I think as I see it that is the deal now they have struck with Nampa Meridian. I think Wayne's comment is correct and I just clarify one thing that you said is not for doing the project necessarily but for the value of the pipe and materials because Nampa Meridian has obviously said they are going to do the work. Crookston: Mr. Mayor, I have had a discussion with the Attorney I guess representing Elk Run, (inaudible) Bill Hart, he is not in management of that any longer. The Attorney who is Alan Camron indicated to me this morning that they had deposited a letter of credit with the Nampa Meridian Irrigation District to have the work done. The only thing I would suggest is that we get verification from Nampa Meridian that that in fact has been done. Kingsford: I think Mr. Berg is telling me that he has been in contact with their Attorney and has refused to sign the plat until he has that.