Loading...
HomeMy WebLinkAboutFebruary 20, 2007 City Council minutes ~ Meridian City Council February 20, 2007 Page14 of 31 Item 12: Public Hearing: RZ 06-013 Request for a Rezone of .43 acres from an R-8 to an 0- T zone for Valley Shepherd. Church of the Nazarene Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: De Weerd: Okay. Item 12 also has been requested to continue. I will go ahead and open the Public Hearing on RZ 06-013 and I believe this was a request by the applicant; is that correct, Anna? Or posting? Canning: Madam Mayor, it was a posting error. The site is posted for next week currently, so -- De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item 12 -- or continue Item 12 until 2/27/07. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 12 to next week. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: RZ 06-014 Request for a Rezone of 15.58 acres from an R-4 zone to an 0- T zone. for Joint School District No.2 by Joint School District No.2 - 911 N. Meridian Road: De Weerd: Okay. Item 13 is a Public Hearing on RZ 06-014. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Joint School District NO.2 project. It is around their administrative offices, which are located at the northwest corner of Meridian and Pine, as you know. The application before you tonight is for a rezone from the R-4, as shown here, to Old Town and that would be rezoning 15.58 acres. The purpose being to sell a portion of the property for commercial and office uses where the existing offices are now. I don't have my laser pointer out. Sorry about that. These are the existing offices along Meridian Road. And, then, this is the old Pine Street school, which I will discuss in a moment. The Planning and Zoning Commission recommended approval at their January 18th, 2007, Public Hearing. Sheri Stiles spoke in favor of the application. No one spoke in opposition. Wendell Bigham from the school district commented. Key issues of discussion by the Commission were the relocation of the old Pine Street school house onto the elementary site. I think what was proposed at the Planning and Zoning Commission was that there was an older home on the site that Meridian City Council February 20, 2007 Page 15 of 31 would be removed and they could move this old Pine Street school onto that property. They also discussed a change in address for the elementary school from State Street to West 1 st Street. So, here is 1 st Street coming into the property that basically provides the entrance. State Street is over here and, actually, the school does not have frontage on State Street currently. Or -- yeah. State Street. So, the key changes from staff's initial recommendation were to require a development agreement. The provisions of that development agreement would be -- there is just two of them. The first one would be that the old school house building shall be moved and maintained on the Meridian Elementary School parcel prior to development of the parcel along the northwest corner of Pine and Meridian. And that re-addressing of Meridian Elementary shall be coordinated with emergency services and planning staff with the address change happening after school lets out for the summer of 2007, prior to school resuming in the fall of 2007. So, those are the only two provisions of the development agreement. Just before the hearing the applicant's representative did inform me that they would like to not have a development agreement, so there is that as an outstanding issue before City Council. And we have not received any written testimony since the staff report. With that I will answer any questions you may have. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what's your thought on a development agreement? Canning: Madam Mayor, Members of the Council, Councilmember Bird, given that it is another public agency, it seems awkward at times to require a development agreement with them, but I think that the Planning Commission did recognize two issues associated with the site that did need to be addressed. If there were something else to tie them to, that would be a possibility, but I don't think that the school district has any definite times on when they'd like to move the old Pine School house and, then, the readdressing is just kind of the right thing to do regardless and I think we could probably get to that one in another fashion, but the applicant did point out that we are currently in a -- have an agreement regarding the Pine school building and that may just need to be redone and we could just trust that the readdressing gets done, because it's the right thing to do for everyone involved. De Weerd: You're mumbling and-- Canning: I'm sorry, ma'am. De Weerd: -- Dean doesn't like that. Bird: I was going to say, you're becoming a very good politician there. You're circling the question. We are supposed to do that, not you. Thank you, Anna. Meridian City Council February 20, 2007 Page 16 of 31 De Weerd: Okay. Mr. Nary, do you have anything you would like add on that point? Nary: Madam Mayor, Members of the Council, that was discussed at the Planning and Zoning Commission. Mr. Bigham was there. He didn't have an objection with it. I agree with Mrs. Canning that sometimes with public agencies it ends up being awkward and we end up retitling it or something else that suits their purposes, but if you're comfortable that we can get those few things taken care of, that's certainly within your prerogative. If you want to make sure that it gets accomplished in some reasonable fashion, a DA is really your only method to do that, so -- De Weerd: Okay. Thank you. Would the applicant like to comment? Stiles: Sheri Stiles, Engineering Solutions, 1029 North Rosario in Meridian. De Weerd: Oh, you have moved. Bird: Beautiful office, too. De Weerd: Finally opened. Stiles: Open for business. De Weerd: When is the ribbon cutting? Stiles: Spring. So we can have our barbecue out and get the bar set up and everything. De Weerd: Okay. Welcome to Meridian. Stiles: Thank you. De Weerd: Or welcome back to Meridian. Stiles: Thank you. I do have a copy of the agreement. Unfortunately, I didn't get copies made, but that agreement was entered into in May of '94 between Grant Kingsford and Dan Mabb and the reason we would like to dispose of the development agreement requirement is this is pretty specific. It does have a clause at the end that either of the parties to this agreement may terminate it by first giving the other party 60 days prior written notice of intent to terminate the agreement. This is the only fashion in which this agreement may be terminated. And it sets out that -- what the school will do and what the city will do. I don't know if any of you recall that agreement, but it probably needs to be either terminated and rewritten or -- we would hate to encumber the plat with a development agreement, because that shows up in all the title reports. The city and the school district may decide that's not the place that they want it in the future, it's not all that visible there, and, you know, you may have more of a historic area that you want to relocate with museums or something like that. But, yeah, it is an encumbrance on the Meridian City Council February 20, 2007 Page 17 of 31 property. I thought that we could take care of it -- that the Mayor or her designee would amend that agreement and work together to come to an acceptable agreement. I don't know if you need to come back before Councilor -- but we would like to do that. I think we have a good working relationship with the school district. Of course, we have no problem getting that new address figured out. We will get Tricia Shindel in Public Works Department and get a new address for that, so they are prepared, so they can print new checks and letterhead and all that. I think those were, really, the two issues that we would really not -- we would really appreciate not having to have a development agreement. Of course, the other reason being that by the time that property is sold and someone wants to get a building permit, it's all going to be done, you know, and it's -- that's my reasoning for requesting that we not be required to have the development agreement. De Weerd: Okay. Stiles: That's it. If you have any questions. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Sheri, I guess the addressing issue I don't have a whole lot of heartburn with. The agreement that you referenced, really, isn't an agreement or a contract at all. So, my only concern is as we sit here now there is no assurance as to what's going to take place with that school house. I don't know what type of authority you have to bind the district, so to speak, but at this time about what he's willing to agree to and if there is something that needs to be written up between the city and the district, not necessarily a development agreement, but a redo of what you have referenced. Do you have anything you can comment or offer on that or -- Stiles: Well, it is very specific as to what will be done. You're saying that this is not an agreement. Borton: Well, if you can terminate it -- Stiles: For no reason -- Borton: I mean we agree to it, unless we don't agree to it, and, then, we don't agree to it. De Weerd: Leave that to an attorney to point that out. Stiles: Mayor de Weerd, Councilman Borton, Councilmen, I guess I would hope that the city felt comfortable enough that they would get this resolved without unnecessarily Meridian City Council February 20, 2007 Page 18 of 31 encumbering their property that's no longer going to have this -- I mean it's got to go somewhere. Borton: Right. Stiles: And they were -- you know, if the city owns the school and it's on their property, but to forever say that they are -- that that lot is encumbered by instrument number whatever, recorded in Ada county, and they go and look at it and say what are you talking about, it's a school. I mean if this is something that you would like to wait a week or put it out a week, so Wendell can be here and make a definite -- I don't know what the Mayor's schedule is like. I'm sure they want to get it taken care of as soon as possible. Borton: I don't necessarily have -- I don't have any problem with it, I was just curious what your response was and what your position was. I feel comfortable with that situation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And, Ms. Stiles, I guess my question would be -- I agree that between public agencies, you know, a hand shake and a smile probably should be good enough. I'm assuming -- maybe I'm reading more into this -- for one thing, this agreement, apparently, is 12 years old and nothing has happened. There is no deadline or timeline on it, I guess. But, then, the other thing that I assuming is that the school district plans to separate this parcel off and sell it separately. Is that -- is that what's happening? Stiles: Councilman Zaremba, Mayor de Weerd, Council, they are doing a property line adjustment. I don't know if you had a copy of it in your -- in your packet, but it -- do you happen to have that, Anna? Zaremba: Yeah, I do have that. It does say that they would like to offer the property for sale. So, I guess my comment would be we would not be encumbering the school district, we would be encumbering this new piece of property and I personally don't have a problem with that. Stiles: I don't believe they would be able to sell it with a building that is not owned by them. Zaremba: So, you're saying they have to move the building anyhow in order to -- Stiles: Yeah. I mean there is no choice. Zaremba: Yeah. I can see that point also. Meridian City Council February 20, 2007 Page 19 of 31 De Weerd: And, Council, I guess if it remains a question, we could have myself and maybe Mr. Nary get together with the school district and try and bring something back to you next week, if that -- if that puts this particular item to rest, we could come back with more details and -- on what could possibly happen. But I would look for your direction on that. Certainly, this could be continued to answer some of those questions. Rountree: Madam Mayor, I guess my take on this -- it's a matter of timing. Sheri indicated in something in her testimony that it's going to happen. I don't know what that means in terms of timing, if it's going to happen in the next six months, I'm sure a development agreement isn't necessary, but if it happens, like all good things happen between two governmental entities, and it's five years from now, who is going to be here to remember who agreed to do what? And that's my concern, so-- Nary: Me and Will. Me and Will will be here. Rountree: Will and Bill. Bird: Will and Bill. You might be close to being senior by then. Rountree: So, I don't have a bit of a problem if we can work out an agreement with the school district, so we have records of what the agreements were, but I know Councilman Bird and I have some stories about agreements past that have not proved out too well. So, whether it's a development agreement or refreshment of the language that was done 12 years ago and turning it into an agreement about this property. I'm fine with that, so if you want to wait another week or two, that's great. De Weerd: I do like your terminology of refreshment. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would agree with Councilman Rountree, because we have been bit a few times. I'm sure people say we bit them. I could wait a week. Let's get this thing worked out. I think you offered up a great suggestion. You and Bill get together with whoever they want, their attorney and something, let's get one drawn up that's pretty in the sand. I just want to make sure that it happens and gets done. I don't want to be five years from now, you know. Canning: Madam Mayor? DeWeerd: Yes, Anna. Canning: Madam Mayor, Members of the Council, if Mr. Nary might comment for us. Is it okay that the Mayor be part of that discussion, since this is an open application? Meridian City Council February 20, 2007 Page 20 of 31 Nary: Madam Mayor, Members of the Council, I think if all we are talking about is just this particular piece of it, I'm not too concerned that the Mayor sit in on that discussion with the superintendent. I think we will be okay. The only suggestion, Council -- I mean one week is probably adequate, other than this is a short week and I don't think the Mayor may have time the rest of this week and I don't know about the superintendent. So, it might be two weeks would probably be wiser just to make sure we can have the opportunity to meet and discuss it. De Weerd: Okay. Does that work for you? Stiles: Mayor de Weerd, Council, they are anxious to get it rezoned, so I mean they have got signs up saying that it is already zoned OT, but -- and I'm sure that they would like to get this done sooner, rather than later, but I don't know if it would help if we came back with some proposed language for an agreement or -- I mean I guess I'm asking you do you think that's the best place for it and do you think it will always be there? Because a development agreement would require that it -- you know, that goes forever, unless you amended or terminated or -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't -- you know, they are going to set it around where they got the portables now, is that what I understand? Stiles: I believe so. Yes. Bird: It depends on what's built in there. You just brought up a very good point to me. Is that going to be the best location for that. I don't know, to be truthful with you. Depends on what they build and whoever would buy it and what they built in there. If they built something that blocked it off, you know, an office building -- an office building wouldn't, because we kind of like it out where people can come to it. You brought up a subject I didn't think about of the location. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Perhaps maybe you or Mr. Nary can clarify the issue for me, but it's a matter of the school house is owned by the city; correct? On the district property? Or owned by the district and maintain by the city, but -- Bird: I got news today. I thought it was owned by the district and maintained by the city. That would be part of it. I can't remember, to be truthful with you. De Weerd: Mr Berg? Meridian City Council February 20, 2007 Page 21 of 31 Berg: Thank you, Madam Mayor, Members of the Council. It was a centennial project jointly done with funds that was raised for that particular project. Terry Smith could probably give you a longer history than I would, but I believe that it initially is owned by the school district and we had an agreement to help maintain that and keep it so that it was available for the public to use for special events or elementary schools to tour it or historical society to have special meetings or something of that nature. You have the other part of it, the history people part, that I'm sure would want to play some roll in to what they could utilize it for, especially if it's located in a unique spot. I wish I could call some of the other people, the guy that signed the agreement, I'm sure I could ask him a couple of questions. But I don't believe that -- you know, that it was kind of a community, everybody took part of it, but I think the school district really owned it, because it was sitting on their property. We did a lot of work to get it up to where it was. Bird: That's what I thought, too, Tammy, and I was on the committee. I felt that that was -- it was school district property -- on their property and we raised the money. There wasn't any city funds that went into it, it was strictly raised by our committee, as I understand -- as I remember, so -- but I think we can weed out some kind of agreement. I'm like Mr. Rountree, let's go back and get the thing and come back and I don't think we need a development agreement. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not to muddy the waters, but, of course, I'm the one that always goes sideways with suggestions. Considering the apparent purpose for the refurbishment of the building and the possible future uses, if you're going to go to the effort to lift a building and put all the wheels under it and get it ready to move, the difference in cost in how far you move it I don't think is all that great and I wonder whether it might make more sense to move the building to a city park where people would be more aware of it and that it could be available for others uses, even if it became a museum. De Weerd: Well, I do believe that we have looked at that and of consideration in Meridian Settlers Park that the parks department did come back with. So, that has been an item of discussion. It seems that we probably should just see if we can get together by next Tuesday and -- I don't know what my calendar looks like, but I don't have to be at the meeting, if we just got staff together, too. So, let's see what we can do between now and next Tuesday and with both sides committed to getting together and discussing this. Okay? Bird: I'm for that. De Weerd: Okay. Does that seem reasonable, Sheri? Stiles: Yes, it does. Meridian City Council February 20, 2007 Page 22 of 31 De Weerd: Okay. Stiles: Mayor de Weerd, Council, I just briefly would like to go through what the school is paying for or what this agreement said, since, I'm sorry, you don't have copies of it. The school pays for fire and casualty insurance, electrical power, and maintenance, water, winterization of water and sprinkler lines, janitorial service of minor maintenance, vacuuming, dusting, snow shoveling, et cetera. Scheduling of use as a Pine Street school, which includes key, checkout, opening for guests. Pine Street school groups, collecting deposits, if necessary, et cetera. The city's responsibilities were lawn care and upkeep, including mowing, edging, fertilizing, sprinkler repair, et cetera. Maintenance and upkeep, including care for the schoolhouse, outhouse -- is there an outhouse? De Weerd: I think it's the outer building. Stiles: Playground equipment, signs, steps, and ramp, repair of wear and tear, vandalism damage, window breakage, furniture repair, painting repairs, et cetera. Intermountain gas costs, liability insurance, janitorial services, exterior window cleaning, step and ramp cleaning, receiving calls for repairs or reports of damages, et cetera, which shall be relayed onto the school and shall be monitored by the school. So, there may be liability issues that, you know, they go on that you might want to look at and I will get this copy to Will, but I did get it on your website, which is fantastic. I don't think a week will make or break it, so -- I know they do have people interested in it, you know, that's a pretty high visibility corner and I don't know what's going to be left after ACHD gets ahold of it, but that's alii had. De Weerd: Okay. Council, if there is nothing further for Sheri -- Bird: No, I have none. De Weerd: Okay. Thank you. Stiles: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council, it looks like a continuance is in order. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 13 until 2/27/07. Bird: Second. Meridian City Council February 20, 2007 Page 23 of 31 Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. You know, it is a motion that doesn't have discussion, so I will first ask for action on the motion and, then, ask for your comments. Bird: We have a second on it. De Weerd: We did have a second, Mr. Rountree. The motion is to continue Item 13 to next week on the 27th. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Zaremba. Zaremba: It, actually, was not discussion on the motion, but I assume that it needed to be made before the motion was completed. Maybe not. My question was can somebody enlighten me on the pathway to find this document? De Weerd: Yes. You go under the clerk's office and, then, you would have to go into the documents. I'd have to go in and do it myself. So, Mr. Berg will sit over there and walk you through the process. Zaremba: I will talk offline with the clerk and get that information. Thank you. Item 14: Public Hearing: AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: Item 15: Public Hearing: PP 06-049 Request for Preliminary Plat approval of 6 multi-family residential building lots consisting of 24 multi-family units, 1 clubhouse building lot and 3 common / other lots on 5.3 acres in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: Item 16: Public Hearing: CUP 06-030 Request for a Conditional Use Permit approval for a multi-family development in a L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: De Weerd: Okay. Okay. Council, Items 14 and 15 and 16 are public hearings on AZ 06- 047, PP 06-059 and CUP 06-030. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Waverly Place project. It's Lot 6, Block 1, of Magic View Subdivision, which is located at 2510 West Magic View Court. It's this property here. The applications are for annexation and zoning, preliminary plat, and conditional use approval for a multi-family development in the L-O