HomeMy WebLinkAbout1996 07-16~~ MERIDIAN CITY COUNCIL ~(
AGENDA
TUESDAY, JULY 1B,199B - x:30 P.M.
CITY COUNCIL CHAMBERS
1. TABLED MAY 7, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION
BY BRIGHTON CORPORATION: (TABLED UNTIL AUGUST 20, 1996)
2. FINAL PLAT: HUMMING BIRD SUBDIVISIGN BY GARY & CYNTHIA BIRD:
(APPROVED)
3. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
CHILD CARE CENTER BY JERRY COBLER: (APPROVED FINDINGS
OF FACT AND CONCLUSIONS OF LAW; APPROVED CONDITIONAL
USE PERMIT)
4. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TG C-G BY
LAMGNT KGUBA AND RICHARD JGHNSGN: ~APPRQVED FINDINGS
1NITH AMENDMENTS; CITY ATTURNEY TU PREPARE GRDINANCE~
5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
RECREATIONAL AUTOMOTIVE USE BY LAMONT KOUBA AND
RICHARD JOHNSON: (CONTINUE PUBLIC HEARING UNTIL
AUGUST 6, 1996)
6. PUBLIC HEARING: REQUEST FOR VARIANCE ON FRONT SETBACK BY
CAMERON CORDOVA: (CITY ATTORNEY TO PREPARE FINDINGS
OF FACT AND CONCLUSIONS OF LAW)
7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G
BY JAMES ~ DONNA HASKIN AND MAYME ELLEN GREEN:
(APPROVE FINDINGS; CITY ATTORNEY TO PREPARE ORDINANCE)
8. REQUEST FOR A CONDITIONAL USE PERMIT FOR RETAIL SALE OF
ALCOHOL BY DWAYNE WINN: (DENIED)
9. REQUEST FOR ANON-DEVELOPMENT FOR INTERSTATE CENTER:
(TABLED UNTIL AUGUST 6, 1996)
10. CONCERNS REGARDING FENCE VARIANCE FOR LOT 13 AND 14
BLOCK 2 OF HAVEN COVE SUBDIVISION:
11. REQUEST FOR HOOKUP TO CITY SEWER FOR WILLIAM VAUGHN
BY MAX BOESIGER: (TABLED UNTIL AUGUST 6, 1996)
12. DEED FOR GOLF COURSE PROPERTY: (SPECIAL MEETING TO BE HELD
JULY 23, 1996)
13. AWARD BID FO~~ GOLF COURSE CONSTRUCTIOf~~ 1PPR~VED SUBJEOT
T~ RECEI~~T CAF DEED, SIDE AGREEMENT A1~~ EASEMENT
AGREEM ENT
14. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER:
1. SANITARY SEWER EASEMENT FOR THOMAS: (APPROVED)
2. RECISION AGREEMENT FOR PECK: (APPROVED)
B. WALT MORROW, CITY COUNCILMAN:
1. RELEASE OF NON-DEVELOPMENT AGREEMENT FOR BEDFORD
PLACE SUBDIVISION PHASE 2: (APPROVED)
2. RELEASE OF NON-DEVELOPMENT AGREEMENT FOR HAVEN COVE
NO. 5 PHASE 2: (APPROVED)
3. ASSIGNMENT OF COMMISSIONERS: {APPROVED 2 TO 1)
C. GLENN BENTLEY, CITY COUNCILMAN:
1. TULLEY PARK REDESIGN: (APPROVED)
D. MAYOR ROBERT CORRIE:
1. MUTUAL AID AGREEMENT WITH BLM: (APPROVED)
MERIDIAN CITYCGUNCIL JULY 1B X998
The regular meeting of the Meridian City Council was called to order by Mayor Robert D.
Corrie at 1:3g P.M.:
MEMBERS PRESENT: Wait Morrow, Tenn Bentley, Charlie Rountree, Ran Tolsma:
OTHERS PRESENT: INiil Berg, Ullayne Grookstan, Gary Smith, Shari Stiles, Lee Stucker,
Tony McDonald, Paula and Russell Rice, Jerry Gabler, Greg Craw, Gary Lee, Garl
Stucker, Mike Kauba, Chief Gardon, Carla Glson, Greg Crvw, Bab Daugherty, Cameron
Gardova, Dale Uwnby, Robert Morrison, D'Ariene Stutzman, Jennifer Lovan-Holloway,
Guy Valentine, Jonathan Steele, John Van Zante, Mike Conner, Richard Boesiger, Craig
Groves, Jahn Fitzgerald, Jack Riddlemaser:
Corrie: Council with your approval I would like to move item number S to number 1 since
the acting City Attorney has a conflict of interest and Mr. Riddlemoser is here sa he can
get that out of the way if it meets your approval.
ITEM #8: REQUEST FOR A CONDITIONAL USE PERMIT FOR RETAIL SALE OF
ALCOHOL BY DWAYNE WINN:
Carrie: Chief Gordan, do you have some insight on this particular one?
Gardon: Mr. Mayor and Gauncil as of 12:Oa today the State of Idaho has revoked the liquor
license far Mr. Winn, he no longer has a State liquor license.
Corrie: Any questions from Council?
Marrow: l guess my question would be, if he doesn't have a liquor license, there can't be
any retail sale of alcohol is that what you are saying?
Gardon: Yes sir that is correct. It was a permanent revocation.
Corrie: Does the Council have any questions of the attorney, Mr. Riddlemoser your opinion
on that.
Riddlemaser: My opinion on that with it being revoked this matter here is now moat and
terminated.
Carrie: Do we need a motion?
Riddlemoser: I think there I would just move that based upon the representation by the
Police Ghief that this matter is declared moot and null and the application tonight.
Morrow: Mr. Mayor, I would move that based on the information from Chief of Police
Meridian City Council
July 16, 1996
Page Z
Gordan that the alcohol liquor license was suspended by the State of Idaho that we
declare the point moat and that the application for the conditional use permit far the retail
sale of alcohol as requested by Dwayne Winn be denied.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, any furkher discussion? All
those in favor? Gpposed?
MGTIGN CARRIED: All Yea
ITEM #1: TABLED MAY 7, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON
CORPORATION:
Morrow: Mr. Mayor, as requested by Mr, Turnbull we have not as of yet reconciled by
committee the Nampa Meridian change in handling the covering of ditches and the City
ordinance. So, by virtue of his letter that I received late this afternoon with request to table
that until August 20th, hopefully that will give us the time to deal with the issues that we
had talked about before.
Rountree: Second
Corrie: Motion by Mr. Marrow, second by Mr. Rountree that we table item 1 the variance
request until August ~0, any further discussion? All those in favor? Gpposed'~
MGTIGN CARRIED: All Yea
ITEM #Z: FINAL PLAT: HUMMING BIRD SUBDIVISIGN BY GARY & CYNTHIA BIRD:
Corrie: Is Gary or Cynthia or the representative here tonight?
Bentley: Mr. Mayor, I need to address the Council on this issue. Although I have no ties
to this project monetarily ar otherwise Gary Bird is a very close friend of mine and I want
to let you know in case there is a conflict.
Morrow: I don't perceive that to be a conflict Mr. Mayor.
Corrie: Gkay, Mr. Bird. Does Council have any questions of Mr. Bird?
Morrow: I would like to have him review his project far us please.
Meridian City Council
July 18, 1998
Page 3
Bird; Review of the project would be that we are trying to make two lots out of two existing
lots plus a third parcel of land. Twenty five years ago the Ada County surveyed it and
proceeded to run a fat line #hrough our house. So now we are trying to get the lot line
moved and to get an acre in the lot that we are selling off. We have to incorporate part of
this third parcel. It would have been nice tv have just done a fat line adjustment but we
weren't allowed to do that because we had to go outside the subdivision. This parcel is
unplatted ground who was deeded to the original owner about 25 years ago. And another
subdivision was put in and this land just kind of sits there and we can't do anything with
it so we get it platted into the subdivision and then to da that we need tv make a ~ acre
subdivision and we are basically just using two lots to start with and adjusting some lot
lines and making no other changes ar conditions that weren't there originally.
Morrow: So you are attempting to make everything legitimate that the perception was to
begin with.
Corrie: Any further questions of the Council? Questions of staff?
Morrow: nary and Shari, do you have any comments on this project?
Smith: Mr. Mayor and Councilman Morrow, we did file a review fetter with the Gity Clerk
and there were same comments that my associate Bruce Freckleton had in his review of
the plat that need to be addressed before the City Engineer will sign off which is before
the City Clerkwill sign. I don't know if the applicant has a copy of that information ar not.
The applicant does know about it and he will have that information back to us tomorrow
or the next day. Sa when we get that if all of our questions are addressed then we don't
have a problem.
Morrow: Mr. Mayor I would like to ask Mr. Bird for the record to, are you agreeable to those
conditions?
Carrie: Mr. Bird would you came up here please, since this is inaudible} thank you.
Bird; Yes we are agreeable to them, they were just same reconciliations of some numbers.
It is just redrawing it.
Morrow: So you have no problem with the six conditions of Bruce Freckleton's letter then?
Bird: No
Carrie: Any further discussion, Council or staff? Entertain a motion from Council.
Meridian City Council
July ~ ~, ~ 995
Page 4
Morrow: Mr. Mayor, !would move that we approve the final plat for Hummingbird
Subdivision by nary Bird subject to staff conditions.
Bentley: Second
Carrie: Motion made by Mr. Marrow, second by Mr. Bentley that the final plat for Humming
Bird Subdivision be approved subject to conditions of the Engineer, any further
discussion? All those in favor? apposed?
MoTI ~N CARRIED: Al l Yea
ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
CHILD CARE CENTER BY JERRY COBLER:
Currie: I will know open the public hearing and invite the representative from the child
care center to speak first.
Carla ~Ison, 4735 East Castlewood Drive, was sworn by the City Attorney.
Olson: Mr. Mayor and Council members I am here tonight as a planning consultant
representing Jerry Cobler the applicant far this neighborhood child care center that he is
proposing as the lot that is directly across the best way I can describe where it is, it is the
lot that is directly across the street from Chief Joseph elementary school. V1le feel that this
is an ideal existing building, it is unusual to find in a neighborhood in terms of being able
to convert it to a child care center. VVe also feel that it is an ideal location. It is is a large
one level home, again it is located directly across the street firom Chief Joseph school so
there is a lot of child activity in the area anyway. It is within a neighborhood, it is largely
single family detached housing with many young families. The child care is really not
expected to draw children from all over the valley, there appears to be an existing need
within this neighborhood for quality child care. The proximity of the child care center to the
elementary school will make it handy far before and after school care of elementary
students as well as a one stop destination for parents delivering older children to school
and younger children to the child care center. Because the child care center expects to
attract clients within the neighborhood many of whom are already travelling to Chief
Joseph school the child care center should not noticeably increase traffic levels. The size
and the layout of this existing home lends itself nicely to conversion to a child care center.
The rooms are spacious, airy and well lighted with separate areas far playing, sleeping
and eating. It has two restroom for boys and girls rooms. There is a fenced yard, actually
two fenced yards suitable for outdoor play. The child care operators plan to accommodate
two different play levels playing out doors at one time. Vile have worked extensively with
your staff and with other agencies to meet all the requirements that apply tv day care
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i
Meridian City Council
July ~ fi, ~ 99B
Page 5
centers. The applicant is very concerned about wanting to be a good neighbor in this
area. He has done a great deal of out reach to the neighborhood, he is hoping the
neighborhood will support his center that neighborhood children will come to his center.
And that he certainly wants to fit in and be an amenity to the neighborhood. we kind of
went the extra mile in contacting people before submitting this application. we contacted
adjacent land owners before applying. we individually delivered notices after applying to
each resident within 340 feet. Before tonight's meeting we contacted everyone by phone
who had expressed any interest or concerns throughout the process. In every contact we
have asked that if the neighbors have any site plans concerned that we would certainly
try to accommodate them. Again it is very important that we be a good neighbor. I will try
to keep this brief tonight I can see tha# you have a horrendous agenda ahead of you. I
guess in summary your planning staff, APA's planning staff and your planning commission
have all recommended approval of this application. The applicant Jerry Gabler is hereto
answer any questions that you might have. we would request that if in this hearing that
new issues are raised that we have not had an opportunity to address we would request
that you allow us time by continuing to the next meeting so that we can address them. Are
there any questions?
Morrow:l have one, in the draft copy of the findings of fact and conclusions it indicates that
it is concluded that if the owners consent of this use is not delivered to the City this should
be denied, has that consent been in fact delivered to the City?
Olson: Yes, that is actually not an issue, the application included their signatures
approving of the application being submitted. In fact in the meanwhile Mr. Cobler has
obtained the property, has purchased the property.
Cowie: Any furkher questions of Ms. ~lsan? Thank you, anybody else from the public that
would like to enter testimony on this agenda item?
dreg Crow, Z~ 62 Jericho way, was sworn by the City Attorney.
Crow: I live at 2~ ~2 Jericho way, which sits directly behind the proposed site in question.
I wanted to express my apposition to the permit for the child care. I can probably sum it
up in one ward and that is more, more traffic and more noise, I moved here about a year
and a half ago and once I moved in there the people directly across the street on Jericho
wanted to have a day care and I didn't abject to that one at the time. And that was for four
or five children. Since then there has been traffic across the read there and in this day care
being behind me it is going to be a day care basically in front and behind me which is
going to be added traffic coming in and out. Mare noise, during the school hours which she
made the point that it would be an excellent location for the school and that I agree on but
also I think it will contribute to the traffic that is Gaming and going out of the school there.
Meridian City Council
July 1 G, 199
Page 6
And possibly even a safety violation for kids walking along the street. I have counted
between 90 and ~ 2U cars that pass through there in the morning to drop their kids off or
pick their kids up which they park along bath sides of the roads when they pick them and
also when they take them to school. Sa, in my feeling it would be just too much congestion
there. And plus through the normal day hours, more traffc more people coming in and out
of the area. My personal opinion is I would have no problem if it was something smaller
but i think something this scale would be a little too large. And !, the final thing would be
the monetary or financial losses #o me if I decide to resale my home if the day care wasn't
kept in the appropriate manner. Thank yvu Council.
Corrie: Council, any questions?
Rountree: You indicated you wouldn't have a problem if it were smaller, could you quantify
what that means?
Crow: well the one across the road is 4 to 5 children is what they have and again there
are cars parked in front of their house. So I could live with something like that or that would
be feasible I would expect.
Corrie: Any further questions from Council? Thank yvu, anybody else from the public that
would like to enter testimony? Council, discussion.
Rountree: My comments would be is that it appears that Planning and Zoning draft findings
of fact has been available for same weeks pretty much covers the issues. And conditions
the day care to be within City ordinances, requiring off street parking, pick up spat for
children, play areas, fencing, State licensing, and meeting all other conditions of the City.
think with those conditions it appears that this would be something that I could look upon
favorably.
Morrow: I don't think that there was substantial different testimony here in the findings of
fact and conclusions. I do think that by ordinance you would not limit the size or number
of children that can be in this particular day care at this location.
Rountree: Yes and I think Shari can give us the numbers an those.
Stiles: I am sorry Councilman Rountree, what did you ask?
Rountree: The break down of numbers and the various types of day care facilities.
Stiles: The family daycare if 5 or fewer children, the group day care would be ~ to ~~ and
aver 12 would be a regular day care center.
Meridian City Council
July ~ ~, ~ 99~
Page l
Tolsma: How high is your fence in the proposed front yard (inaudible)
Olson: Councilman Tolsma, the front fence, the chain link fence along the front is four feet
high, the remainder of the fence along the sides and the back of the property is an existing
woad fence that is sixfeet high.
Tolsma: Did you get a copy of the letter (inaudible)
~Ison: l received the letter that was submitted in advance of the Planning and Zoning
Commission meeting unless there is a more recent one.
Tolsma: They wanted a chain link fence to protect (inaudible)
~Isan: Yes, and I have talked with Mrs. Hihath a couple of times about that issue.
Apparently the wood fence is actually on the Cabler's property it is their fence. But of
course being a boundary fence they were concerned that it not be broken dawn by the
activity of the children. In talking with a#her day care operators and sa forth it is typically
not a problem because the children unlike even a regular single family home situation
children are constantly supervised when they are outside. So they wouldn't be allowed to
climb an the fence that would be unsafe for the children as well as a problem for the fence.
1Ne feel that will be dealt with by good management in the day care center.
Tolsma: But the fence (inaudible) because of the lower fence.
Olson: That would probably be the case, in addition to the four foot fence there is a row
of rose bushes that have been planted between the fence and the street which we think
will provide an even better buffer than the fence. (Inaudible)
Tolsma: That is all that l had.
Carrie: Are there other questions from Council? Hearing none I will close the public
hearing. Council your pleasure?
Morrow: Mr. Mayor, I would move that we adapt the findings of fact and conclusions as
prepared for us by Planning and Zoning Commission.
Tolsma: Second
Cowie: Motion made by Mr. Morrow, second by Mr. Tolsma that we approve the findings
of fact and conclusions of law prepared by the Planning and Zoning Commission, any
further discussion? Roll call vote.
Meridian City Council
July ~ 6, ~ 996
Page 8
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Carrie: Decision ar recommendation?
Marrow: Mr. Mayor, The City Council of the City of Meridian approves 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 that the use should be
denied if the owner does not give his consent.
Rountree: Second
Corrie: Motion by Mr. Morrow, second by Mr. Rountree an the decision and
recommendation any further discussion? All #hose in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G BY
LAMONT KOUBA AND RICHARD JOHNSON:
Corrie: I will open the public hearing now, and is there a representative.
Bob Daugherty, SQO~ N. Eugene, Boise, was sworn by the City Attorney.
Daugherty: Mr. Mayor and Council members we are hereon behalf of Lamont Kouba, he
has a piece of property that is situated at S35 East Fairview Avenue in Meridian. He is
proposing a commercial development, the property is a little under 4 acres, 3.78 acres.
The commercial development he is planning an that is he is proposing would be geared
towards the automotive and recreational industries, primarily sales and service. In your
packet you can see the initial building that is facing Fairview, he is proposing a jet ski
dealership and an automotive parks store that would be in the first two buildings. The
other three smaller units to the south are, would be unoccupied at this point but he has
been talking about the possibility of like an espresso shop, something similar in that nature
and the rear buildings. That area is mare conceptual in nature and that is something that
we had discussed with staff members. Those buildings would be geared even more sa
toward the automotive type industry, as far as service type facilities. There has been
discussion of items such as a welding shop, perhaps automotive detail, RV repair, things
similar to that. 1 believe that through the Planning and Zoning Commission we have pretty
much met all of the staff requirements as far as our set backs, our requirements as far as
the utilities. Currently on the site ar previously an the site there was a single family
r, ....
4.
Meridian City Council
J u ly ~ 5, ~ 995
Page 9
residence and various vut buildings and the remaining of the property was in pasture. To
the east of our property is Rountree Chevrolet and to the west is Meridian Auto Sales. The
property primarily to the south is vacant and there is a residential area that is to the south
and east which overlaps our southerly property line by approximately ~1 feet. In our
discussions with staff members they have indicated the required set back as being ~a feet
from a separation of any commercial development. They specifically required a planting
strip from the residential area which we have adhered to in our site plan, I guess at this
point if you have any questions I would go ahead and entertain those. we do also have
a few items that we would like to discuss as far as the facts and findings. There are a
couple of issues that we would like to bring up.
Currie: Do you want to bring those up now'
Daugherty: I will, on page 23, item Z1, it was indicating that all waterways so forth be tiled.
In this southwest career of our project we have Five Mile Creek drainage that runs through
there. My discussions with Ms. Shari Stiles indicated that we wouldn't be required to file
that anyway, l guess what I wanted to da was to bring that up now so that we can perhaps
eliminate the possibilities of confusion down the road. Perhaps we can get that Five Mile
Creek omitted from that statement there. Our property owner is in agreement with signing
the development agreement. There was also an issue taking place as far as the access,
we are currently in negotiation with the property owner to the east which is Eleanor
Johnson. They have leased their property to LB Industries and we are in the process of
negotiating with both of those folks to obtain an easement on the east side of our property,
the west side of theirs. There was a 40 foot strip that was left vacant to access the rear of
that property should and when they develop it. In our discussions with ACRD they required
our access to be moved to the east side of our property which ACHD's requirements would
be that 40 foot strip would no longer be able to be used because it would be too close a
proximity to our ingress and egress. So what we are trying to do there is a shared access
with them, them providing the ground and us constructing the entryway and that would
also provide access to the rear of their property when they decide to develop it. There
were also some concerns as far as the EPA that were brought up in the testimony with the
Planning and Zoning. I guess I would like to relay a little bit of information with regards to
that, I am sorry it was DECD. There was a pest site previously on the property and there
was some concerns as far as contamination. DECD has sunk some test hale wells and they
have done a lot of monitoring, Mr. Kouba has employed Mark Tart Environmental
Management Company to dv same work there. He since then has cleaned up the property.
vlCe have a verbal okay from Eileen Lurch from DEO that says that the property is clean
but it is going to take about two weeks to get those reports and get everything back to us.
So that is an issue that has been addressed and I believe that it has been handled. There
is a letter that we received also as a concern from one of the property owners which is
Ruth Crow. She has a property that is two parcels to the south of us. She was indicating
Meridian City Council
July ~ ~, ~ 996
Page ~0
that her concern that her property would be landlocked if we don't provide a public access.
Currently there is no public access through our property or through the property that is
directly to the south of us. She does however according to our legal description we have
drawn up some pictures and have a copy of her deed that if you care to see those we can
show you that there is access provided to her property from the west side of her property.
No less than 3 different streets and two alleys it Looks Tike that go into her property. I
guess that, I do have one more thing. The site plans that you have were revised site plans
which indicated that the initial building that is up front facing Fairview Avenue there is 340
by 25 foot areas, your plans may indicate a ~0 foo# that was a change that we had
submitted. The second part of the planning and zoning process since then our architect
has suggested that we reduce that to 40 feet. I have some new site plans which just reflect
that change if you care to see these. I think that is all !have if you have any questions I
would be mare than happy to try and answer those.
Rountree: I just wanted to reaffirm that you had no other comments an the draft findings
of facts?
Daugherty: I believe that is all.
Rountree: I would like to see both of those items that you mentioned, the deed showing
access and your new site plan.
Daugherty: The shaded area on the drawing is reflecting the deed on Mrs. Crow's
property. in our initial evaluation there seems to be some problems with the deed itself.
But nevertheless there would still be access.
Rountree: I have nv more questions.
Morrow: I have a couple of questions, the new site plan that you are showing us is
basically flopped over and that is for the cvmman access point off of Fairview that you
addressed earlier.
Daugherty: That is correct. That was actually addressed in the second part of our
Planning and Zoning meeting, when we had gone to them we had indicated that was a
requirement of ACRD. Ul~e provided them updated drawings and I was assuming that you
had those updated drawings that showed the building basically where it is. The only
change we were doing from that from the site plan that they had was 40 foot buildings or
that you should have would be the updated 50 foot wide building which would be the C,
D and E and those we have reduced back to 40. I believe that they were 40 on that original
plan on the very first one that showed that building on the east side of the property. So if
that is the one that you are having then yes it is basically kind of flipped.
Meridian City Council
July ~ 6,1996
Page 11
Morrow: That is correct and then there is a difference in terms of apparently spaces J, K,
mean F, G H, L, I, J, K, M.
Daugherty: From the original site plan that is correct. The last one we had submitted to
Planning and Zoning and to Ms. Shari Stiles you must not have the updated version then.
Morrow: It is apparently not par# of this packet. Unless it is buried somewhere else in here.
My next question is this site is proposed to be under one ownership is that correct'
Daugherty: That is correct.
Marrow: Sothis is not a subdivision process anticipated here?
Daugherty: No sir.
Morrow: You are aware that at some paint in time if it is to be subdivided it will have to go
through the subdivision process?
Daugherty: Yes
Marrow: That is all the questions that I have.
Corrie: Any furkher questions from Council? Thank you sir, anybody else from the public
that would like to enter testimony on the request for annexation and zoning?
Gary Lee, J U B, 25B South Beachwood, Boise, was sworn by the City Attorney.
Lee: I would like to hand out a vicinity map showing the property in question. We were
contacted by Ron Crow who is Ruth Crow's son last Friday. Apparently he had been
discussing some issues with his mother and she brought up this particular conditional use
and annexation to him and he started looking at some of the paperwork that she received
in the mail and was a little bit concerned with the property. As stated earlier a letter had
been sent to the City by Mrs. Crow requesting that a public street be considered to provide
access through this proposed development to their south boundary. As you can see on
the vicinity map is probably similar to what you received earlier where her property is
located in relation to the planned development. We show that there is one public street
access in the property an the west boundary that being Washington Avenue. There is a
small private road in that Catherine Park Subdivision kind of down on the South end but
it is not a public standard road, it is quite narrow and probably would never be convertible
to a public road. As you can see there is no access into Danbury. Badley Avenue which
is to the west through another parcel could eventually be extended to this property at some
f~
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Meridian City Council
July 15,1996
Page 12
future point. The concern that we had noticed looking at this not only the Five Mile Creek
being an obstacle to cross but to service her property north and east of the File Mile. But
the length of the proposed street coming off Uvashington into the subject property would
be the X50 maximum length allowed by the City of Meridian for access to properties. UVe
see a real need there far a secondary access point somewhere in that northern say 30 or
~0°/0 of the property. The comp plan calls far mixed planned development in this particular
area. I suppose that could mean a number of things, although there is na specific plan in
mind at this point. I can see probably some mixture of single family, maybe some duplex
and maybe even some apartments. There are apartments now that border her property
along the west boundary so maybe there could be some transitional things going in there.
But in any event we would have to have an adequate public road system to service this
area. Particularly if we have same higher density developments in there it is going to
generate some additional traffic that would probably be better to exit to Fairview rather
than going into the local streets that are in that 1Nashington Avenue area. And again we
would like to reaffirm Mrs. Craw's request that the City consider a public street through the
property that is before you tonight. If you have any questions I would be glad to answer
them the best that I can.
(Inaudible)
Marrow: nary, I have a question here, an the northern boundary of the Crow property and
the southern boundary of this property before us it doesn't look to me like the are
contiguous, what is the little, what is this and what is this?
Lee: That is separate ownership.
Morrow: Bath parcels they are two different parcels of ground here?
Lee; Yes
Marrow: And are they the same ownership ar separate or different for those two's
Lee: I don't knew for sure if they are or not. Any road that would come down there would
obviously have to go through there. That particular parcel is going to need access as well.
Morrow: Sa really the bigger issue here is access, the Crow property at least has one
access and potential another one on Badiey. But these two properties here have no
access.
Lee: They are in worse condition, absolutely.
Meridian City Council
July 1 x,1996
Page 13
Morrow: Thank you,
Carrie: Any further questions of Council? Thank you Gary. Anybody else from the public
that would like to give testimony at this time? council, questions?
Morrow: Mr. Mayor, I have some questions of Gary and Shari, either ar both. With respect
to these two parcels that we have identified, Gary da you know if they are under different
ownership and what the status of those properties?
Smith: No I don't Councilman Morrow.
Marrow: And would you have a proposal for access to those two properties?
Smith: Na
Morrow: Shari, do you have any thoughts?
Stiles: I don't know how they would get access except through the Ruth Craw property if
there is na access through Fairview.
Morrow: Let me ask you this, what does our comp plan call for for those two properties?
Stiles: Those are in mixed planned use development area.
Marrow: Thank you
Corrie: Any other questions from council ar staff?
Rountree: I would have a question for the applicant. It appears that there would be an
enclave of non-annexed property that would have no access with this proposal and the
way the property boundaries fall to the south. UVauld the joint use of the access off of
Fairview be one that the applicant and the owner would consider either permanent
easement or public access to provide that access to that parcel of land?
Daugherty: I guess currently what we are looking at is there are two other properties that
are in between that parcel of ground and they actually do have access to that property off
of Washington. I guess because of the fact that Five Mile Drainage in is in there that is
just a problem with the parcel of ground itself I guess. 1 don't see that us granting an
easement is going to solve their problem.
Talsma: Are you speaking of the two parcels of ground directly south?
Meridian City Council
July ~ ~, ~ 99fi
Page 14
Daugherty: Na, there are two parcel of ground that sit, they would be to the south of us
and north of the Craw property, there are two separate parcels there. There is a one acre
parcel and then there is anather strip in there that they are under separate ownership they
are not under the same ownership. End of Tape} sent to the Mrs. Johnson who is also
the property owner of Rauntree which is to the east of us. And then there is anather, the
smaller parcel there is property held by I believe it is Daily so it is two separate individuals.
guess what we are saying is the property basically has this problem to begin with and I
don't believe that should be something that we should have to resolve. I guess that is
something where they do have access there are ways to get over Five Mile Creek and
access that property and we believe that should be their responsibility to handle that.
Tolsma: Have you talked to the two property owners that are directly south of you, those
two small parcels?
Daugherty: Specifically I have nat.
Tolsma: So you don't know what their thoughts are about being land locked in there's
Daugherty: I believe that Mr. Kouba has talked to the Johnson's about that parcel but we
haven't been able to contact the bailey's at all. At this paint there, I don't believe that there
are any current negotiations to purchase that property now. I guess I might add one more
thing, the gentleman from JUB had indicated that they might look at something like, I guess
it was hard to say, something like apartments or town houses I guess in that area. vUe
don't feel that a street I guess going right down the west or the east side of our property
to access a bunch of residential units going right down through the middle of strictly
commercial development, I just don't feel that would bean appropriate use of the site the
way that we are proposing it. In addition, the access that we are proposing is on the east
side of our property which is actually on the Rauntree property. If you follow that line dawn
that easement that we have worked, that we are in the process of working out with them,
what it would do it go directly into the back part of that Danbury Subdivision without having
to make a right turn and then go south, ga to the west and then south. I think that we are
basically putting our project in jeopardy by doing that.
Carrie: Mr. Daugherty, are you aware of a letter from the APA to the Planning and Zoning
Administrator, did you get a copy of that?
Daugherty: des sir I did, it clarified a couple of issues. Their initial statement was that they
wanted a sidewalk constructed from our front building to the sidewalks along Fairview
Avenue. In that particular location there are no sidewalks along Fairview Avenue. They
have indicated that what they would still like to see and I think we would be willing to go
ahead and dv that is tv construct a sidewalk from our front building there to the right of
Meridian City Council
July 1 ~, ~ 99~
Page ~ 5
way of Fairview Avenue. I believe that was their preferred option.
Carrie: Any further discussion from Council? I will close the public hearing. Council
discussion or pleasure?
Morrow: Mr. Mayor, if l might with respect to the issue of access, it is a very difficult issue.
However, whatwe are doing here an Fairview, particularly on this site is we are creating
a line that exists between residential uses and commercial retail types of uses. if we
extend the line that has been drawn for Danbury Fair that would seem to indicate that
everything south of that line is a residential use in same nature. Now it appears to me that
it is going to take same operation amongst property owners in that area for those folks to
get their properties developed at any rate, no matter what is done with this particular
property. So, it is a tough issue with respect to access but I don't think you access the two
parcels that we are talking about here when we are talking about a joint access along a
common property line between the Rountree parcel and this parcel. And so, I don't think
you can get to these two properties without effectively taking away the use of the property
before us. 11Uith respect to the issue of the sidewalk and APA there is provision within the
findings for the staff report to deposit to ACHD's trust fund I think that is an appropriate
manner of handling the sidewalk issue. There are no sidewalks anyplace along Fairview
in this area. ~o I don't think it is reasonable to expect to have those built now, there are
also no specs for those. So the logical course of action to me seems to be tv deposit to the
trust fund and at such time as they are built they are funded by ACHD. Those would be
my two thoughts concerning the two issues that were brought up.
Carrie: Any other comments from Cauncil? Mr. Rountree?
Rountree: I agree with Walt with what he said with respect to the sidewalks. I am
somewhat concerned with the potential difficulty of providing access to that parcel. And
by acting an an annexation and or use when the property on Fairview potentially land
locking that site particularly being the middle property being awned by one of the owners
that is involved in this and I don't know that there is recognition that they are doing this to
themselves. I would like to see that some kind of an effort made with those property
owners that they are aware of what is going an. Even though they have been notified of
the hearing I believe some effort should be made with the Johnson property to make sure
that they understand that they are severing any ties with the adjacent property.
Morrow: Question, Charlie, what would you da with that property? The thing is if you are
going to have a line between commercial and residential at what point is potential access,
what benefit is it?
Rountree:l guess I am more concerned with the access proposed for this site is actually
Meridian City Council
July 18,1998
Page 18
an property owned by that middle, by the people that own that middle property at least that
is how it was represented that is who is paying taxes on that property. I guess if I was
assured they do that was going and they wouldn't find out at a later date and all of a
sudden get into a situation where they got contrary about providing access to this property
and then seeing this thing again. Because access shifts or changes on Fairview. That is
the only concern that I have. As far as what I would do with it I would sell it.
Tolsma: I might ask a question of Mr. Smith over there, nary, do you have a copy of this,
well directly to the west of Mrs. Crow's property right about in the middle isn't that where
the apartment complex is located?
Smith; Yes, correct.
Tolsma: And wasn't that in future phases supposed to have access to Fairview Avenue's
Smith: That is what they reported yes.
Tolsma: And they were also going to tie into Badley Avenue at that time?
Smith: Badley does tie into the complex right now.
Tolsma: And when the future development then would go to Fairview Avenue.
Smith: Yes
Tolsma: So then at that time then possibly Badley could run into the northern part of Mrs.
Crow's property?
Smith: Yes sir.
Tolsma: And then we could probably also have partial access or provide for access to this
property then to the west those two little parcel that is between Mrs. Crow's property and
the proposed project.
Smith: You would have to cross Five Mile Creek with a bridge, Uve also have a sewer line
a trunk line that extends from East Crossbill Court to the west through that second parcel
of property over to Five Mile Creek and then north along Five Mile.
Tolsma: It goes down Badley to Five Mile Creek?
Smith: No, Crossbill Court in Danbury Fair Subdivision to the east of the larger of those
Meridian City Council
July 16, 1996
Page 1~
two parcels between Crow's property and the proposed project.
Tolsma: The little strip to the east that is in there that goes to the property line at the end
of the culdesac?
Smith: Yes off the culdesac yes. There is a sewer line trunk in there that extends to the
west across that, see where that stub drain is, it is just north of that stub drain and it runs
over to Five Mile Creek and then north an Five Mile. So that property has a sewer trunk
that crosses through it also. It might be a goad spot far a small neighborhood park.
Marrow; If I may ask, Gary, with that easement extending to the west that means that there
is no building on top of that easement through that property. It appears to me that it leaves
just a little, it would leave a very small sliver on the south side of the easement.
Smith: If that stub drain is correct, if everything is in scale on this drawing that is correct.
Morrow: So we are rapidly looking at a piece of property is pretty much consumed with as
Charlie says there is not much developable there anymore,
Tolsma: (Inaudible)
Corrie: I must assume that we are waiting an a comment from Gary.
Smith: I am sorry, I am going to have to ask for you to repeat that.
Morrow: It was a comment from the standpoint that with the easement to the west far the
sewer interceptor and with the stub drain and the Five Mile drain we are not talking about
apiece of property that there is much left of is that correct based on this drawing that we
are seeing?
Smith: Yes sir correct.
Morrow: And far the most part that is not buildable or it wouldn't be buildable except far
the stuff to the north of the easement it appears according to this.
Smith: Yes
Morrow: And Ron has indicated there may be an access to this property from this piece
right here where the multi family is.
Tolsma: It might be that you have to build a bridge.
Meridian City Council
July 16,1995
Page 18
Morrow: Across Five Mile.
Smith: If you extended 5th Street where R-15 is Hated dawn there, vvashington and 5th,
5th Street right now extends north through that parcel that is numbered 1304 and it ties
into Badley Avenue which extends from the west to the east. That exists right now, it
doesn't show an this map but that is in place out there. It is a private road through the
apartment through that 13x4 parcel. Badley I believe is a public road over to the boundary
of that parcel and I am not sure if it continues on or Hat but it does connect with an
extension of 5th that is a private road. The gentleman that developed the apartments on
parcel 1304 had plans to extend 5th Street north to Fairview. I don't know if he awns that
property above 1304 or whether that just has a zero in it, it is labeled R-8 open field. vllhat
the plan was to extend 5th Street north of Fairview and continue the apartment
development inaudible}. As Councilman Tolsma mentioned at that time Badley could
conceivably be extended aver to the Crow property for access to that property. And it
would have tv cross Five Mile Creek to get to her property that is on the east and the earth
of Five Mile. If there was any access needed for that property between this project that
is being proposed and the craw property it could be provided from the craw property but
again #here are several what ifs in that line.
Rountree: Given that explanation I am a little more at ease about being able to access
those parcels.
Tolsma: (Inaudible)
Morrow: I have no further questions.
Corrie: Any other comments from Cauncil? Entertain a motion an the request for
annexation and zoning to C-G.
Marrow: Mr. Mayor, we need to da something with the findings of fact and conclusions as
prepared far Planning and Zoning, I guess my inclination would be to adopt these with the
added phrase that exempts the tiling of Five Mile Creek.
Bentley: Second
Rountree: vUas that a motion?
Morrow: That was just a point of discussion. I will make it a motion, I move that we adopt
the findings of fact and conclusions of law as prepared far P & Z to be amended that under
article Z1 of the conclusions that we add the phrase not required to the Five Mile Creek.
Meridian City Council
July 1 ~,199G
Page 19
Rountree: Second
Carrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of
fact and conclusions of law by Planning and Zoning with the addition to item ~1 on page
23 not to file Five Mile Creek, any further discussion? Roll call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree w Yea, Tolsma -Yea
MOTION CARRIED: Ali Yea
Morrow: Mr. Mayor I would move to instruct the City Attorney to prepare an annexation
ordinance.
Roun#ree: Second
Carrie: Motion made by Mr. Morrow, second by Mr. Rountree far the attorney to draw up
an ordinance, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL AUTOMOTIVE USE BY LAMONT KOUBA AND RICHARD JOHNSON:
Carrie: I will now open the public hearing, Mr. Daugherty.
Bob Daugherty, was sworn by the City Attorney.
Daugherty: Again we are here on behalf of Lamont Kouba, just a continuation of the
annexation and zoning in requesting a conditional use permit far construction of a black
building facing Fairview Avenue which is reflective of your site plans. U1Je have brought
along some pictures and also an architectural rendition of what we anticipate the front
building looking like. The pictures are of a development that is over in Boise that is very
similar in construction. The artist rendition will actually show more along the lines of what
our building would actual look like. If you would like to see any of these. The small picture
down at the bottom we are anticipating that those will be R & M Steel type prefabricated
buildings and those would be the buildings that would be located to the south of our
project and those we would anticipate would be very similar in nature to the ones at
Rountree Chevrolet. we have had several discussions with staff members along with
Public Works Department and the various utilities. All of the utilities are on site, we have
as previously discussed a sewer main at the southwest career of the property. There is
power and basically all of the other services are located off of Fairview Avenue. We
Meridian City Council
July ~ 5, ~ 99G
Page ~4
believe that everything is pretty much handfed, with the exception of getting the drawing
and the engineering done to submit to the appropriate agencies. If you have any
questians with regard to this conditional use, I guess I would be mare than happy to try
and answer those for you.
Carrie: Council, any questions.
Rountree: an how you represented the photographs, are those a likeness of what you
propose to build ar is that actually a development that has been done by the applicant
Daugherty: Na, that is similar in construction, that is a similarly constructed development
aver in Boise that doesn't have anything to do with our applicant. That was just primarily
to show the construction type standards.
Tolsma: Have you seen ail the comments of Bruce Freckleton and Shari Stiles?
Daugherty: Yes I have.
Tolsma: And you have na problems with those?
Daugherty: No sir we don't.
Rountree: I have a procedural question, can we acf on a conditional use permit without the
annexation having been acted on?
Fitzgerald: No, you an ga ahead and .have your public hearing and then we wil! adopt the
annexation ordinance and then we can move an the conditional use permit.
Marrow: I think normally do we not continue the public hearing far the next meeting in
case there is any additional testimony?
Fitzgerald: That would be fine.
Morrow: I have a question far staff, l don't have any questians far Mr. Daugherty. Shari and
nary, is this conditional use permit application far a single building or far the entire project.
Are your comments directed to the entire project as proposed to us or just for the first
buifding?
Stiles: Councilman Marrow, Mayor and Council, I haven't looked at this specific plan that
was presented tonight. I want the applicant to realize that this approval shouldn't be for
total develapmen#, this is just the first part. For one thing I think the parking requirements
Meridian pity Council
J u I y ~ ~, ~ 996
Page ~ ~
haven't been met in the phase 2 even if they were all if it was entirely to be used for ware
house they would be short on the parking space. So, I think they just presented this
because they wanted to annex and zone the entire property at this time and the have
specific plans for phase 1. But they still would need to meet all of the findings and
(inaudible) changed significantly from what they presented. (Inaudible)
Morrow: Sa if I understand what you are saying correctly and your comments were
directed towards uses A, B, C, D and E which is assumed to be one building with multiple
tenants based an the pictures that we saw is that your understanding?
Stiles: My camments as far as the Five Mile Creek and the buffering of the adjacent
subdivision would apply to the whole project.
Marrow: I understand that, what ! am after here is the conditional use, I understand the
protection on the perimeter but with respect to are you telling us that we are looking at a
single building and the conditional use requirements for that single building which is
similar fia the picture that we saw which is at the corner of Plantation Lane and State
Street at Boise. This picture, it has multiple uses in a single building.
Stiles: I think that the development agreement could still address the entire parcel as part
of the annexation but I just basically think they are asking for approval of the first main
building.
Daugherty: Perhaps I can clarify that, in our discussions with Planning and Zoning what
we were seeking was a conditional use permit on fihat front building. with fihe
understanding that once that is developed then what we would da is proceed with the back
portion of the property, the R ~ M Steel type buildings and that would fall under a separate
canditiona! use permit, does that help clarify it.
Morrow: That clarifies your position and based on that Shari is telling me that her
camments are two fold therefore the perimeter plus the first building.
Stiles: Yes
Marrow: Gary yours are the same?
Smith: Looking through my assistant's camments they are pretty generic to the whole site.
Marrow: Thank you, I have no ether questions.
Meridian City Council
J u l y ~ 6, ~ 096
Page 22
Carrie: Anything further from the Council? Anybody else from the public that would like
to give additional testimony?
Gary Lee, JUB, was sworn by the Gity Attorney.
Lee: i would just like to reaffirm our client's position, Mrs. Ruth Grow about her desires to
see a public street access in the north of her parcel. Thank you
Gorrie: Thank you Gary. Anyone else from the public that would like to issue testimony?
i guess we need a motion to continue the public hearing.
Morrow: Mr. Mayer I would move that we continue the public hearing an the request far
conditional use permit for recreational automotive use by Lamont Kouba and Richard
Johnson to August 6.
Rountree: Second
Gorrie: Motion made by Mr. Morrow, second by Mr. Rountree to continue the public
hearing on item 5 to the Council meeting on August 6, any further discussion? All those
in favor? Gpposed?
MC~TIGN CARRIED: AI[ Yea
ITEM #6: PUBLIC HEARING: REQUEST FOR A VARIANCE ON FRONT SETBACK BY
CAMERON CORDOVA:
Garrie: I will apes the public hearing on the request far variance. Is Cameron Cordova
here?
Cameron Cordova, 5106 Fircrest,l3oise, was sworn by the City Attorney.
Cordova: Mr. Mayor and Council you have all the notes on this request. I filled out the
application and the outline provided, I filled that out to the best of my knowEedge. I guess,
I don't have any idea whether there was anybody within that 300 feet that were contacted
that opposed that variance or if there any concerns that I need to address.
Gorrie: Does Caunci! have any questions?
Marrow:lNell the obvious question, haw come you are in this fix?
Cordova: We were under construction when we found the pin in off the sidewalk there.
Meridian City Council
July 1 x,1996
Page 23
In fact we never would have found if the inspector wouldn't have tripped over it. Upon
digging the driveway and getting ready to pour the garage that is when we found the pin.
Morrow: Yau are talking about the pin in front of the garage?
Cordova: Right
Morrow: Were not your other property pins when you staked out the house off set from
the sidewalk?
Cardava: Na, Wane of those were located. It was, an my part, I thought the set back was
off the top side of sidewalk and that was an oversight and mistake on my part.
Morrow: Do you build houses for a living?
Cardava: Yes sir, they are usually up in the mountains, the only other houses I have built
here in town on an 5 to ten acre parcels where I don't have this kind of problem.
Marrow: Let me ask the question in this manner, in order to get this house on this lot with
these setbacks it appears to me that you would have had to have had some property pins
sited when you laid the house out is that correct?
Cordova: Right, the two lots an either side, this is a corner lot, there is another lot, Lot 13,
that is also a corner lot and then Lat 2 they are both developed, the whale subdivision is
basically developed, I think that was the second to the last lotto be built oe there. So I did
have the property lines stamped in the sidewalk there and then I had the canner where the
fenced came in. I staked it out in fact went out and put the prospective buyers and we
staked it all out and went over the setbacks and made sure the house was going to fit an
there the way we needed ta. Like I said I was off ~ feet because I went off the back top
side of sidewalk. And no i did not find, I did not know those property pins were inside two
feet.
Morrow: ~n the other career, you have a broomed off corner on the house that is right on
the setback line and then you are touching on the fve foot line, and so how, and you touch
at another point on that line. I guess my question is how are you getting all of those points
and then missing this one paint?
Cordova: Upon the inspector finding that we changed that on the spat. That corner wasn't
shaved off like that, we ended up making a bay window there and then that front corner,
that was a den we had to take two feet off of that also. Actually it was only 16 inches I
believe is what we had to take off of that.
Meridian City Council
July 16,1995
Page 2~
Marrow: And this area that you asking for the variance on I assuming is the garage area?
Cordova: 1Ne attempted to take Z feet off of that also but it would have made it a
dysfunctional. garage.
Morrow: Vllhat does dysfunctional mean?
Cordova: As far as getting vehicles in there?
Morrow: How deep would it make the bays?
Cordova: The deepest bay would be 19 feet and then the next would be 1 ~ and 15
believe.
Marrow: I have no mare questions.
Cowie: Are you aware of Bruce Freckletan, Assistant to the City Engineer's comments, did
you get a copy of that?
Cordova: Yes sir I just got a copy of that this evening and that would be no problem to
bollard that in fact I have talked that aver with some ideas an how to do that and make it
aesthetically right.
Carrie; Any further questions from Council?
Morrow: I have Wane for Mr. Cordova.
Cowie: Mr. Cordova thank you very much. Anybody else that would like to issue testimony
on this request? Council, comments?
Morrow: I would like to ask nary precedence for this that you are aware af?
Smith: Mayan and Council, Councilman Morrow, the only one that I can recall was a
setback problem that we had in Chateau Meadows Subdivision. In that particular case the
developer and his engineer had established the street width that was less than but still
acceptable by the Highway District and ultimately the City but less than our normal right
of way width. In conjunction with that they provided a street easement. Ul~hen the standard
street section was built property pins on the front fell under the sidewalk. The property
owner or the builder laid out his house he went off the sidewalk and that pushed the house
back an the lot to the point where they had a problem with the rear yard setback. They had
impacted the 15 feet required and so they were less than the allowed setback in the rear
Meridian City Council
July ~ ~, 1996
Page 25
yard. In that case I don't remember the exact conditions of the Council action but they did
approve of the variance far that home. It was I believe framed and sited and was in the
process of being finished interior wise. The concrete driveway had been poured. That is
the only other case of a setback variance that I can recall.
Marrow: Your thoughts concerning this one?
Smith: ~IVell, I guess typically or technically it is obviously not in compliance. Typically the
property owners are utilizing the two foot area between the property line and the back of
sidewalk as their property. That includes landscaping, fences, legal or athen~vise are built
up to the back of sidewalk, The Highway District doesn't look at it as an infringement upon
their rights although it is their right of way. So I guess from a technical stand point it is in
violation from a practical standpoint. It probably wouldn't be seen I wasn't at the site so I
can't say that for certain.
Morrow: Thank you I have no other questions.
Corrie: Any other questions?
Talsma: l have a question for 111ra1t, what is your typical depth of a garage?
Marrow: Typical depth of a garage, ~p to ~~ feet.
(Discussion Inaudible)
Marrow: In a three car garage a short bay will be ~0 feet, the Langer two bays will be either
Z~ feet deep or ~4 feet deep. Sv his comment about it being an undersized non-functional
garage at 16,18 and 19 are accurate.
Talsma: Now my garage then is 26 feet and I have a freezer sitting in one end and we still
run the car in the garage up against the freezer and still walk between the car and the
freezer.
Morrow:1111e11 I think your garage is ~0 feet wide and 22 feet deep isn't it.
Talsma: Na because we shortened it.
(Inaudible)
Tolsma: That is why I was wandering because ~ 9 feet is not functional and an average ar
fits in an 1 S foot garage, a full size car fits in a 19 foot garage, it is tight but it will ga in.
Meridian City Council
J u I y ~ ~, ~ 995
Page ~5
Morrow: Generally speaking you don't see houses with much less than ~5 feet in the short
bay, 22 to 24 feet in the long bays.
(Inaudible)
Cordova: Did you all receive a copy of this here The way that is cocked over dust the
corners are sticking out there instead of the full face, I don't know if that would make a
difference or not but the way that is turned there. Another thing is it is under construction
~ wanting to know if upon approval if I could commence construction also at this point.
Tolsma: If we grant this tonight you are not going to build anymore like are you'
Cordova: Na sir.
Morrow: Are you going back to the mountains?
Cordova: Yes sir.
Corrie: Thank you Cameron, any further comments of the Council? Hearing none I will
close the public hearing.
Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare findings of
fact and conclusions.
Rountree: Second
Corrie: Motion made by Mr. Morrow second by Mr. Rountree to have the attorney draw up
the findings of fact far the variance, all those in favor? Gpposed'~
MGTI~N CARRIED: All Yea
Corrie: Mr. Cordova, you have to wait until we get that approved on the findings of fact.
Vve will approve the findings of fact and then you can start if they approve it.
Cordova: Gkay, and that will be an the 5th'?
Corrie: Right
Morrow: I guess from my perspective, I will be in favor of the variance. But that doesn't
mean that you can do anything between now and the 5th.
Meridian City Council
J u I y 15, ~ 995
Page Z7
Cameron: Right, I have the rest of the house under construction I just have the garage is
not staked out.
(Inaudible)
ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G BY
JAMES AND DONNA HASKIN AND MAYME ELLEN GREEN:
Corrie: !s there a representative?
Dale ownby,18~4 Sportsman V11ay, was sworn by the City Attorney.
ownby: Mr. Mayor and Council members I have read the transcript of the public testimony
at the Planning and Zoning meeting on the 14th and agree with those. I have read the
findings of fact and conclusions of law prepared by the City Attorney and agree with those
and do not have any problems. The owners Jim and Donna Hoskin and Mayme Ellen
Green have also read the transcript and the findings of fact and conclusions and have no
problems with those. one comment in regard to the letter to Planning and Zoning and
Mayor and Council from Shari Stiles dated May 10,1996, paragraph eve, states landscape
setbacks are required on Eagle and Franklin Road, 35 feet would be excessive due to the
available property. However a minimum of ~0 feet should be provided. So I would just
comment that when that point in time comes I would like consideration for that.
Morrow: Excuse me Mr. Mayor, a question, is that reflected in the findings of fact and
conclusions?
ownby: Yes it is.
Rountree. Yes page 14, item (End of Tape)
Corrie: (Inaudible) reference to the annexation and zoning.
Guy Valentine, ~71o East Franklin Raad, was sworn by the City Attorney.
Valentine: I wasn't present at the Planning and Zoning hearing but I have no problem with
this application. I did want to mention and state for the record that there were some
restrictive covenants for this property that was prepared years ago by Mr. and Mrs. Green
and I don't know whether that came out in the Planning and Zoning hearing or not. I am
all in favor of what they are wanting to do, but I want to inform the City Council that there
are these covenants just for the record. I have copies here that I can give you on these.
Number one on the covenants states restriction against business use that under any
Meridian City Gouncil
July 16, ~ 996
Page 28
conveyance shall not at any time conduct or permit to be conducted an premises any trade
or business of any description. Nor shall said premises be used far any other purpose
whatsoever except for the purpose of a private dwelling or residence. I don't have a
problem with them having a commercia! property there a commercial business or anything
else that they want to do but I wanted to point this out that the other property owners along
that rim are included in these covenants and they don't appear to be here tonight to voice
any objections. ~o, if you would like a copy of this I could give it tv you and just for the
record, that is all I have to say.
Gorrie: Counselor, any comment an that?
Fitzgerald: Well, not being familiar with this property or exactly what we are talking about,
when we are talking about CG&R's or covenants, conditions and restrictions certainly
those are binding an the piece of property and they run with the property. The question I
would have in my mind is who or what properties have the ability to enforce them. I do not
know frankly right off the top of my head what application it would have to the request that
is being made ar the application. But certainly I would think that in terms of the use of the
property and the people that are bound by these CC&R's would certainly have a basis in
which to institute some litigation tv prohibit the:,, use of the property which is contrary to the
GG&R's.
Corrie: Would that be even if we annex and rezone it, it would still go with the land?
Fitzgerald: Yes, I believe it would.
Morrow: If I might Mr. Mayor, historically it has gone with the land and it has been found
that we cannot take those into consideration when we are taking an action. Remember that
has always been a paint of contention with respect to day cares and so on and so forth
ar home operated businesses within a subdivision. Where City Attorney Crookston has
always come down is that is a civil issue or a civil matter for the homeowners association
if one exists and for individual homeowners if one does not exist.
Corrie: Any other questions?
Valentine: Vllould you like a copy of these?
Talsma: Let me ask you a question while you are there, these restrictive covenants, how
many parcels of land do they entail's
Valentine: 1 believe that according to the legal description here it says whereas Glenn E.
Green and Mayme Ellen Green, husband and wife, are owner of that certain tract of land
Meridian city Council
July ~ 6, 1996
Page 29
designated as part of the SE 114 of Section 8, it runs slang from the corner of Section 8
towards Meridian along Franklin Road. It goes down, I think it includes, it would include
inaudible} I think about 9 lots along Franklin Road there. I don't know exactly haw many,
it runs down to at least 269U from Eagle Road all the way down to at least 2696.
Tolsma: So the covenants basically include all the parcels of property that are in this
annexation or are the covenants (inaudible)
Valentine: I believe the way I read it is that it starts right there at Eagle Raad and Franklin
and it runs along Franklin Road and that would include these 4 Tots I guess it is.
Tolsma: Are there properties outside of this plat here that will be under those covenants?
Valentine: Yes, and apparently they are not interested in objecting or anything to it even
though there are covenants and I am certainly not objecting to it. I am all in favor or it
personally. Thank you
Carrie: Thank you, anyone else from the public that would like to issue testimony an this
request? Council, discussion? I will entertain a matian on the annexation and zoning, I
am sorry on the findings.
Morrow: Mr. Mayor, I would move thatwe approve the findings of fact and the conclusions
of law as prepared for us by P & Z with item 1a, page 14 amended to read 20 instead of
35 feet.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact
of fact and conclusions of law of the Planning & Zoning Commission with the amendment
of page 14, item 10 to 35 feet landscape to 20 feet, any further discussion? Roll call vote.
RILL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: Ali Yea
Morrow: I have a question for counsel with respect to under the recommendation this
parcel of property should probably be subject to the late comers agreement or to add a late
comers agreement for services that have been extended with respect to sewer and water.
would ask Gary if that is the case?
Smith: It, Councilman Morrow, Mayor and Council, it would be subject to extension of a
Meridian City Council
July ~ 6, ~ 99B
Page 30
water line in Franklin Road from Eagle. Right now the water line only exits at the west side
of, at the northwest carnet of the intersection of Eagle and Franklin Road. It would need
to be extended, the water line would need to be extended west in Franklin Raad.
Morrow: So they would be extending to and through?
Smith: They would need to yes, correct. As far as the sewer line is concerned that is a little
more difficult, there is no sewer in Franklin, there is no sewer in Eagle Raad. This is kind
of on the hill you might say. It would sewer probably to the north along Eagle Road and
tie into what will be extended, sewer extended by Van Auker in Lanark Street. Ullhether
it ties in with an extension Eagle Raad or ties in through the ~lsan Bush Annexation into
Lanark I guess would need to be determined. But they would be subject to a late comers
fee bath sewer and water slang with the extension requirements, So I guess that these
extension requirements would need to be part of the annexation ordinance if it is your
desire to da that. Similar to what was required of Van Auker. Mayor and Council, also if
could jump back to this declaration of restrictions that was handed to you this evening.
I will check the legal description against the legal description of the parcel that is being
requested for annexation. It appears in just reading this boundary of property involved in
this declaration that it starts l~l.S8 feet west of the section corner and then continues for
1 B43 feet to the west. But l don't know how it comes back so we will have to chase that
legal description out and see how it conforms with the description of this parcel that is
being requested for annexation.
Morrow: once you do that you can relate to the owners and Mr. C~wnby and the
representatives so they can handle that as they need to handle it.
Smith: Correct
Marrow: Mr. Mayor, I am prepared to make a recommendation, I move that the City Council
approve the application for annexation and zoning under the conditions set Earth in these
findings of fact and conclusions of law including that the applicant ar his assigns enters
into a development agreement prior to the issuance of building permits or final plat
whichever tames first. That the property only be developed as commercial ar general
planned development or under the conditional use permit process. if the applicant is not
agreeable with these findings of fact and conclusions and is not agreeable with entering
into a development agreement the property should not be annexed.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the recommendation, any
further discussion? All those in favor? ~ppased?
Meridian City Council
July 16, ~ 996
Page 31
MGTIGN CARRIED: All Yea
Carrie: Point of information I will close the public hearing at this time.
Marrow: Mr. Mayor, I am prepared to move to instruct the City Attorney to prepare an
annexation ordinance far this property. I would like to include in that the extension of the
water and sewer requirements as necessary and a late tamers fee if applicable.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the ordinance, any further
discussion? All those in favor? Gppased?
MGTION CARRIED: All Yea
FIVE MINUTE RECESS
ITEM #9: REQUEST FOR ANON-DEVELOPMENT AGREEMENT FOR INTERSTATE
CENTER:
(Inaudible)
Marrow: Let me ask you this Shari, have we not done development agreements before at
various stages from preliminary plat to final plat? I guess my question here is why do we
have to approve a final plat without construction drawings to da anon-development
agreement?
Stiles; The non-development agreement would have no use unless you have a retarded
plat. UVe don't do non-development agreements an non-recorded subdivisions.
Seel; Jonathan Seel, l am with the 1JI1. H. Moore Company, the purpose ofi being here
tonight is just to give you a very brief history, this is Interstate Center which has been
referred to at different times as Va11ey Center Marke#place. But the fiinal name is Interstate
Center. The preliminary plat was approved back in November of last year. V1re came in
with the final this year and started providing documentation and was instructed by staff that
we needed to provide construction drawings as part of the process of getting the final.
The purpose of being here tonight is to ask I think very simply that we ga ahead and in lieu
of doing construction drawings we can provide anon-development agreement. I will
explain the reason, in essence the way this has been setup is it has given us a certain
degree of flexibility in terms of whether we might go in the direction of mare retail or we
might go in terms of a business park. Given that depending on haw it turns out the
Meridian City Council
July 1 x,1995
Page 32
construction drawings we may spend up to $a,9ag could turn out to be very useless.
Another point that is very important and we are finding out and I think the more important
point in this thing is that as we are talking to particular investors people who are looking
at purchasing this land ar doing developments within this project one of the main concerns
is the land plated. Our comment right now is it isn't and that creates a great deal of
concern to them. As an example right now we have a plat into the County and it has been
in there l weeks and it will most likely be in there another ~ or 3. There is plenty of land
if you go down Nampa or Caldwell or you go towards Boise as I think you are all very
aware that it is platted right now and very suitable to develop it. Most people out there do
not want to take the chance of saying great we will go ahead and proceed and then find
out that this land is not platted at the time they are ready to go in there and develop. It puts
us way behind the curve on this and it puts us in position where we really can't effectively
market this project to the various people out there. UVhat we are suggesting is that if we
can ga ahead and do anon-development agreement and at the time we know what we are
going to do then we can come in with the construction plans because we will know. Things
may change aver time as we are talking to different people. People are saying well this is
our requirements, this is what we need, #hese are the modifications that we want and what
have you. Those can change from what we see right here. They may not but they could
potentially. Our feeling is if we provide you with anon-development agreement it will give
you the comfort of what I think you are looking for in terms of assuring that we don't sell
some dirt to somebody, they go in there and get ready to develop and then they find out
that there is not roads and infrastructure in there. As Mr. Moore said when I met with him
we are not trying to pull anything fast here, we are not trying to slip something by the City,
all we are asking very simply to the point that we know what we are going to do that we
don't have to spend the amount of money on construction drawings that as I have said
potentially will be useless and that we will provide the development agreement that !think
will be structured in such a way that will give you the comfort and allow us to ga ahead and
get the plat finalized so we can talk to the people out there and potentially talk to the
businesses that will come to this community and I think without saying will create the
enjoyment and the of environment for the City that I think we are striving for. Vve want this
to be a quality project, we simply need your assistance in getting to that point.
Corrie: Council, questions? Discussion
Morrow: I guess discussion from my standpoint is that in terms of trying to do construction
drawings at this point when we can make those conditions of the non-development
agreement prior to re-activating the parcel does seem like a waste of money because it
is difficult to do construction drawings when you don't know who your #enants are and
what their desires might be. Other than just concept renderings and of course there is not
a lot there that is very meaningful. So I don't have a problem with doing anon-
developmentagreement and crafting within that development agreement some of the staff
~,
Meridian City council
J u fy ~ 6, ~ 996
Page 33
conditions and concerns. Also the City Attorney's concerns.
Rountree: I would like to have nary respond to that.
Smith: Mr. Mayor and councilmen, I believe and i will paraphrase this a little because I am
not sure of the exact wording, but in the ordinance part of the final plat submittal requires
that develapment plans be submitted five sets with the plat. That is a package, it all comes
in at the same time. From my standpoint if the applicant wants to do something different
then what the ordinance requires then a variance would be required from the ordinance
requirements. The second thing is that the preliminary plat on this project has been
approved I believe by council but the final plat has not, there is a one year time limit
between the approval of the preliminary plat and the required approval of the final plat or
the preliminary plat approval goes away. There is also a one year time limit from final plat
approval to required recording of the final plat or final plat approval goes away. f don't
know what the applicant time line is in marketing the property on the second part of those
comments. But an the first park it seems to me that if the develapment plans are not forth
coming with the final plat then a variance should be requested from the ordinance
requirements because it is a shall requirement. i might be commenting here when Shari
should be commenting but I believe that is what the ordinance says.
Marrow: Now the construction information you are referring to is site construction, sewer,
water, it is not necessarily building construction.
Smith: That is correct, it is what I call the off site construction. Sewer, water plans, street
plans. Which in effect is defining the alignment of the streets within the subdivision which
in turn defines the lot configurations of the subdivision.
Seel: Inaudible} one of the things too that was requested of us was to meet with Mr.
crovkstan who is unfortunately not here tonight. I did meet with him and discuss this thing
just as I have discussed it today. His comment was he did not see any problem with it
again and anyone is cerkainly welcome to talk to him I am not going to try and put words
in his mouth. That was his comment to us which gave us the comfort to move fon~vard.
Again I think and I just want to emphasize it is not so much the time frame of this, that is
really not the issue. When we are sitking down with an investor across the table one of his
questions is dv you have a final plat. No we don't have a final plat, at that point you can
kind of see the light goes dim and you can see them looking indifferent directions. We
are at a disadvantage right now in order to compete with what is a Iot of other land
available in the market Mr. Moore as you are probably aware owns Meridian Business
Park, Wedid anon-development agreement with that and I know that goes back a ways.
But we put the infrastructure in before we really began to talk as far as any type of
development we would have done if that infrastructure was in. I think the key thing is here
Meridian City Council
July 16,1996
Page 34
we need help in terms of being able to market to people out there in the community.
Whether we had ~ years, five years or two weeks between the preliminary and final is
really irrelevant in my opinion. It is whether we can respond to that and say we have the
final. That and whether or not there are other hurdles out there that we have to achieve.
They don't hear that, they hear no we don't have a final plat. Sv again what we are really
trying to dv is put ourselves in the position where we can go out there and talk to these
people and compete. We are talking to people, this is not a pipe dream. But you can easily
have 16, ~0 weeks or better between the time it takes to get a final plat approved. As I say
we are one right now in the County and it is 8 weeks. As another example on a project we
did in Boise and I understand this is not Boise. vVe went ahead because it was platted we
were able to go ahead and consummate a transaction with inaudible} Medical and in that
particular case the road wasn't in yet. But they were comfortable enough to proceed with
it because they knew the plat was in place, they knew we could mane forward with the
road. Had that plat no# been in place and it is only speculation I would have to venture a
guess that it was unlikely that they would have taken that risk. So, again without beating
this too much we are simply asking far your assistance. We are asking for a way that we
can move forward, be in that ring with both hands in front of us instead of one tied behind
our back and be able to go after those types of companies that I think you want within this
community. With a preliminary plat we are at a disadvantage, whether again that is 2 years
or 3 years between now and the final. So that is really in many respects the key thing
here.
Rountree: I have a question for Gary, and maybe Mr. Seel, how would one go about
advancing roadwork on a final plat that had not construction plans with ACHD?
Smith: Councilman Rountree you couldn't proceed without approval from ACHD on the
street plans. You could proceed with sewer and water without approval from the City of
Meridian public works department. If they have a final plat in hand and they are selling, is
that what I am understanding that the applicant is going to proceed with final plat for
approval and then market the praperky? The final plat outlines the street alignment.
Rountree: If that were to change then the plat would have to be modified.
Smith: Right, so I guess I don't understand the rationale here to have a final plat but not
have development plans that are drawn around the final plat. If streets stark changing in
the final plat and lots are delineated on the final plats and lots start changing then that
comes back to the City Council for approval again. or back to P & Z. What have I missed,
obviously there
Bowcutt: Becky Bowcutt, Briggs Engineering, I think I can answer Gary's questions. one
of the problems that we have had with the commercial developments and having the utility
Meridian City Council
J u I y 15,1996
Page 35
easements either in prior to the buyer coming in and purchasing a Iot is utility locations
and sizing of like our water lines and sa forth. ~111e have had same cases where we had to
tear out streets and they had to be reconstructed. It had to be moved aver. The example
that Jonathan gave of the vllestpark project it was a previously platted development, it had
been done quite awhile. We came in and did plans and we went through the City of Boise
with our sewer plans, United Uvater with our water, ACHD with our street plans and we put
that street and sized and the lot configuration we did a Iot line adjustment fia accommodate
inaudible} who was relocating from downtown. So that the lot line adjustments and the
fact that we don't have any dedicated right of way internally within this project. The utilities
are to the property, there is central sewer to our north boundary. There is central water an
our southeast corner. So we don't have any off site design that would be required,
everything is internal within the project. Ada County Highway District will sign a plat
without plans if you bond for improvements or you sign a non~development agreement with
them. They da allow us fio do that under certain circumstances. UVe will have same
flexibility an this plat I think with the lot line adjustments. ~l11e have never, we have sized
these lots based on what we can guess a typical user however they always change. Gne
thing problem we have is relocating of seepage beds. Vve did on a project just a few
months ago aver where the Bureau of Land Management building was going tn. The
building ending up having to be placed right where we had a $30,OOg seepage bed. Ifi was
torn up, it was relocated and moved. In doing sv irrigation was damaged that went onto
an adjoining property that had to be repaired. It is just really difficult these are totally unlike
a residential subdivision in how they are developed and over the long term haw they build
out and what the needs are. Every user has a different need. Based an the ordinance this
concept that we brought forward fia this body is fihe mast flexible concept that we could
come up with within the confines of the ordinance. Uve understand that you da not have
carte blanche, we can't came back and it just turns this loop road that is already a
recorded plat turns into just a culdesac, we understand that but it does give us the
flexibility to make some minor modifications based on the State Cade and the City of
Meridian code. So we are just basically trying to wank within the confines and figure out
a solution to these peoples problems and based on our experience with problems an other
commercial developments. Thank you.
Corrie: Thank you Becky.
Marrow: Mr. Mayor, it seems to me that there are some legs! issues that need to be
resolved and it might be to our benefit, to the applicant's benefit and the staff s benefit to
have City Attorney Crookston here or between now and our next meeting prepare some
information as to some guidelines as to how we aught to be going here. Gary has same
valid issues to address that we need to cover. I #hink it is beneficial to table to the next
meeting and in between now and then have City Attorney Crookston address the issues
that we have gat tv deal with this from ar what standpoint we need to dea! with it or the
Meridian City Council
July 1 ~,199~
Page 3~
direction that we need to deal with it. Sa I would move that we table until August 6.
Talsma: Second
Cowie: Motion was made to table this to August 6, second by Mr. Talsma, motion by Mr.
Morrow, any further discussion? All those in favor? Opposed?
MOTION CARRI EQ: AI I Yea
(Inaudible)
Fitzgerald: Mr. Crookston will be back on the Z~nd of July.
ITEM #1 a: CONCERNS REOARQIN~ FENCE VARIANCE FOR LOT 13 ANQ 14, BLOCK
~ OF HAVEN COVE SUBQIVISION:
Cowie: Is Russ ar Paula Rice, or John and Suzanne Van Zante here? Vljauld you like to
came up please and address the Council.
Van Zante: My name is John Van Zante I live at 26421Nest Leonard, Russ Rice is here
as well and he would like to express some of his concerns as well. 1Ne live in Haven Cove
Subdivision and currently a variance has been granted to fence off the two lots directly to
the east of my property. After talking with Mr. Stucker the owner his has informed me that
he intends to use these lots for storage, to stare RV's and whatever. He even mentioned
offering storing other neighbors RV's within in this particular area. My concern first of all
is thatfencing off two lots in the middle of his subdivision is not harmonious to the rest of
the property owners. My concern is property values will be decreased, I bought in a
subdivision, there were several undeveloped lots within that subdivision. It wasn't a big
deal, these two were no exception. Now come to find out the owner wants to fence them
off and put a storage unit next to my house. It kind of upsets me. So my concern, I am not
an attorney, I don't understand all of the legal ramifications but ! am not sure that it would
be legal for him to da this. I don't think it would be legal if I were to go into the middle of
anybody else's subdivision and buy a lot fence it off and park a boat. The lots are zoned
residential, the primary use is for residential. Yes ultimately they are not going to be used
residentially. There have been rumors going around the neighborhood as to what exactly
Mr. Stucker's final end use will be. And frankly !don't wish to share those because I am
not Mr. Stucker and I can't tell you. I guess all I am looking for is an answer, can he, is it,
can he fence these two lots off in the middle of our subdivision and do anything with it
other than a house? Yau have granted him a variance which basically in my
understanding gives him permission to do that. 1 don't think that like !mentioned before
that I can ga out in the middle of same subdivision buy a lot and fence it off and park my
Meridian City Council
July 16, ~ 996
Page 3l
RV's and my boats in there. Russ has some comments that I think I would like to have him
address right now. So that is my concern.
Carrie: Council any questions?
Rountree: Mr. Mayor, I might make a point, the variance that was given was for fence
which can be built an a residential lot, there was no variance for use. The use was
specified in the variance fetter that it would be used for residential use.
Van Zante: Can you build a fence without a house?
Rountree: Certainly
Van Zante: So he can fence it off and leave it far afl eternity?
Rountree: As long as it is maintained.
Van Zante: That is some questions that Russ has is concerning maintenance.
Rountree: It is still zoned residential.
Bentley: That would be no different than if you had a house and you had two lots and you
didn't build a house on the second one you just used it as your yard.
Van Zante: I wouldn't have a problem using it as a yard. There are concerns, a six foot
fence a variance of ~ a fioot from the road so we are backing out vfi our driveway we won't
be able to see down the road.
(Inaudible)
Van Zante: Sa there is a safety concern there as well. Your comments didn't make me
happy but I understand that is the way it is. Ida need to understand that if he begins tv
start parking other people's RV's or his own stuff on that Iot I think it needs to be made
clear that he cannot do that, he cannot use that iot far anything other than residence. In
my limited conversation with him he has some clear intentions of using that Iot far
something other than what it is zoned for. Ifi l had known that l wouldn't have moved where
moved. Thank you.
Rice: My name is Russ Rice, I live at ~6281Nest Leonard, right next door to IVIr. Van Zante.
He has expressed our concerns pretty well, a few of the things that I want to address is
first of all one thing he mentioned about the ten foot, if you are backing out of a driveway
Meridian City Council
July ~ 6,1996
Page ~8
how much room is required for a visual, to back out of the driveway far oncoming traffic.
I don't know if there is a law or whatever but I think that needs to be addressed. Also, the
landscaping in front of the fence, we would like to find out and get it on record what he
plans to do for landscaping. Is it going to be rock, is it going to be grass, it is something
that is going to match along what the rest of the neighborhood is. Vlle have single family
dwellings all along the streets, everyone has lawns. I don't think it would look very good
to have anon-growing landscaping in front of that. And the end use, I would just like to
get it on record what Mr. Stucker's end use plans are for the inside of that six foot fence.
spoke with Mr. Stucker, he seems like a very good neighbor and I just would like to get
it on record what his plans are for this property.
Corrie: Anyone else out of the two parties here, that you want to say to us? Council,
anything? I think that this was requested by just two parties that they wanted an audience
with the City Council, I guess I can ask the City Council if they would like to hear anything
further an it.
Morrow: Mr. Mayor, was this request in the farm of an appeal of the findings of the fence
committee?
Corrie: There is nothing here that says it is an appeal, it just says they want an audience
with the City Council.
Marrow: It may not be, it sounds tv me like it may not be a formal appeal but certainly they
are appealing the issues under which it was approved. It sounds to me like their desire
would be the Council reverse the approval and I think the courtesy would indicate at least
Mr. Stucker who is the one that owns the property and has asked for the fence variance
be given an opportunity to answer some of the questions.
Corrie: Is Mr. Stucker here?
Stucker: I am Lee Stucker, I live at 2695, 2541 UVest Leroy Court. Mr. Mayor and Council
my full intentions is to be a good neighbor. I asked for the fence variance with the idea
that it was going to please same of the neighbors mare than leaving it there. i have, as the
use of the lots, I have not indicated, I did not say that I was going to store RV's. I have had
same neighbors say it would be a goad idea and I think it would be a good idea if it could
be and when I asked for the variance and met with Mr. Smith 1 think I indicated to him that
I would not do that without City approval we discussed that. So stating that I said that I did
not state that. I do not intend to unless we develop an agreement a proper agreement with
the City as such. As far as the fence is concerned my thought was to agree to build the
fence with the idea that it would come here pleasing some of the neighbors but it doesn't
please others. I stated to Mr. Smith I would just assume not build a fence as far as I am
Meridian City Council
July ~ 6, ~ 996
Page 39
concerned it is $~ ~ 64 out of my pocket that I have na reason to spend. I have not stored
anything on the two lots 2698 West Leonard and 261o West Leonard the two lots being
referred ta. one of the neighbors had a trailer sitting on the back corner far a short time,
it is not there now. There has never been anything stared there, the lot is totally vacant.
I have mowed them twice, I have sprayed them once. I spot inaudible} once and I mowed
them again the other day. I wold welcome anybody to come out and look at them and they
are not weedy or trashy. I own some of the property there, these two Tots have nothing an
them.
Corrie: I might add Mr. Stucker I have gotten phone calls just the other way around. They
did want it fenced so you are between a rock and a hard place. I apologize for not
recognizing you Mr. Stucker.
Morrow: Mr. Stucker do you live adjacent to these two lots? Is your residence adjacent to
these?
Stucker: Yes, that takes a little explanation, I did own the existing farm house atone time,
the original farm house. I did live there awhile. I sold that five or six years ago and my son
is living there. He, that is X695 West Cherry Lane, he has the house and a 11~ acre only.
The rest, I I ive at X641 1lvest Leroy Court which backs up to the house that has the out
buildings on it.
Morrow: Then these two lots that you are proposing to fence off there is nothing on the
lots?
Stucker: Na; the existing barn the one that has been there for 5o years extends does
extend into one of the back of one of those lots. That barn extends into it but as far as that
goes there is nothing else there. I do not know, I have no plans specifically far that.
Morrow: Your intent to fence off here then is to fence off while it is you are deciding what
to do with these lots.
Stucker: Right
Morrow: They are residential cats?
Stucker: Absolutely, yes, I know that.
Morrow: So your only use of that at some point in time to sell them is as buildable lots is
that correct?
Meridian City Council
July 1 x,1996
Page 4D
Stucker: Yes as the present zoning is yes.
Marrow: And your fencing them, is there a requirement by the subdivision that either you
landscape them ar fence them is that the issue here?
Stucker: If I build a fence the City has asked me to landscape the front.
Marrow: I understand that but from the neighbors the adjacent property owners view is the
issue here that you are fencing them so that you don't have to plant the remainder of the
lot in grass or something like that for weed and dust control.
Stucker: Basically I guess that would be true but I have no intent to make a total yard out
of it. I just intend to keep them clear and sit on them for awhile and see (End of Tape)
Morrow: (Inaudible) no requirement in the covenants and restrictions in this subdivision
that you build on this lot within a certain period of time?
Stucker: Not tv my knowledge no. once a house is started then there are some time
elements.
Morrow: Well most subdivisions nowadays require na land banking which is essentially
what you are doing. And they require that you actually start construction on a lot within
a ~ year period ar something like that. And so maybe that doesn't exist in this subdivision.
Stucker: Not to my knowledge.
Morrow: Thank you
Corrie: Council do you want to hear anything further since (inaudible) a couple others that
said they would like to.
Marrow: I don't have a problem with that.
Cooner: My name is Mike Loaner, I live at 2707 West Leonard, Mr. Stucker's property is
right in front of me, it is a field. He keeps it mowed, keeps it clean, I would rather not see
a fence but like you said he is between a rock and a hard spot. If he did he has no water
out there that would be an extra expense dragging wa#er out there. I told him that I would
be happy just to see some decorative rock down there. I am the guy looking at the fence,
nobody else is, it is not in front of anybody else but me. I know the weeds, you are going
to get weeds I don't care where you live. Derma-green isn't going to kill them all and
everybody spends 30 or ~0 a month there, The fence if it goes up it goes up and if gets an
Meridian City Council
J u I y 16,1996
Page 41
easement of 10 feet back my neighbor I give them an easement, I don't have a problem
with backing out of my drive way. There are not a lot of kids, besides that the dogs that
they run in the neighborhood they all ga poop over there and that takes the pressure off
of my shrubs. So he can put shrubs over there he is just going to relieve me a little bit.
i just see decorative rack or something like farkher out I don't see any shrubs because
don't know if he wants to carry a bucket of water out there every day ar spend another
$500 and get it ar run a pipe out there. Thanks for listening.
Corrie: Thank you, anybody else that has a comment? Da I assume then that you are
asking the Council to reconsiderthe variance that was granted? I mean the fence be, the
fence committee said they can't have the fence. Are you asking the Council that they
rescind that variance, is that what you are wanting to do? okay you need an appeal,
Counselor does that have to come under a separate appeal ar could they do it tonight'?
Smith: Mr. Mayor, when we held the hearing for the variance request by Mr. Stucker we
didn't make a decision at that meeting because there was a question that was raised and
that had to do with whether or not Mr. Stucker could ga back ~0 feet from the property line
and build a fence with nothing more than a fence permit. I talked to City Attorney and he
said yes, there is no restriction. At that point Mr. Stucker's request for a variance to ten
feet seemed tv the fence committee to be in the best interest of the neighbors. And;we
granted that variance.
Corrie: Sa folks your request would be that the ten feat or not that there be a fence there
but that it be ten foot or 2D fence. If he wants to put a ZO foot fence there he can. If he
wants, the variance committee gave him a variance far ten fact sv you are probably going
to get a fence there if he wants to put a fence at 20 foot or stay where it is at 1 ~. So I
guess I ask you once more do you still wish the Council to consider the ten foot?
Rice: Ullhen you were asking about the, ~inaudible~ the first time the fence was denied
because Mr. Stucker wasn't able to attend because his wife was iii and then there was a
letter sent to Mr. Stucker vn April ~1 that they had rescinded it and he could build the
fence. Well the rest of us didn't get the letter until June 21 so there has been a little bit of
emotions stirring in the neighborhood. Everybody just wants it to leak nice, Vl~e all want
to live inaudible}.
Corrie: ! think Mr. Stucker has agreed that the fence he would do the landscaping and the
best he could. So I guess Council, my original question to you I guess, Counselor is it in
the proper form now that we can address that at this time?
Fitzgerald: Well in soaking at this letter dated July 1 from Mr. & Mrs. Rice and Mr. & Mrs.
Van Zante. It does not appear to be a request for an appeal. I believe that there are
Meridian City Council
July 1 ~, 199
Page 42
specific pracedures in which you fallow to file an appeal to such a variance. So my
answer would be no that I don't believe that this is the time to take up such an issue. If
they would look back at the methods and pracedures and file an appeal if that is what they
desire to do.
Carrie: Do you understand what we are saying here, if you want to appeal that variance
than there is a procedure to follow we will put it on the agenda and go at that paint with
it.
Rice: It wasn't sa much to appeal it, it was just in working with the developers and real
estate we just wanted it in black and white, we wanted it before the Council and we talked
to Shari and Shari said to be able to get it before you guys that we needed to request an
audience. That is what the letter was doing was requesting an audience. Just so that it
would be black and white an tape and we all would know what is going to happen.
Corrie: I might suggest that yvu talk with Mr. Stucker maybe you get a plan of the
landscaping, i think could be worked out. It would be much easier and much better if yvu
could da it that way rather than to come back with it, it is entirely up to you how you want
to handle it. If you want to handle it the other way then we will get it on the agenda and we
will get you the proper procedure. Thank you.
ITEM #11: REQUEST FOR HOOK UP TO CITY SEWER FOR WILLIAM VAUGHN BY
MAX BOESIGER:
Corrie. Richard?
Boesiger: Good evening Mayor and members of the Council, I am Richard Boesiger.
when we purchased the Summer~eld 3 property from Bil! Vaughn a little aver a year ago,
he requested that we hook his existing house up to sewer and I admit we didn't think to
discuss ar we didn't think of the annexation issue. V11e agreed to that of course and that
we would do it when we built the subdivision. Now we started building the subdivision and
we looked into what it was going to take to get it hooked up and realized that it is Council's
general preference that the property be annexed. So I called Bill, I have had three or four
calls to Bill and he has expressed an unwillingness to be annexed at this time. He does
recognize that when, I forget his name, the farmer next door, when Tom inaudible}
becomes annexed he recognizes that he will have to go in at that time because he will be
surrounded. At the present time he is just on the boundary. I really am not sure what
exactly his reasoning is, he never really did say. He just basically said he prefers not to be
annexed at this time. V11e are aware of the additional fee involved when we are not in the
City. I guess that is it. I will answer any questions that you might have.
Corrie: Council?
Meridian City Council
July ~ B, 199
Page 43
Marrow: I have a question Mr. Mayor, generally speaking these requests are far sewer and
water and of course there are the double fees that are involved in that. UVhat he is asking
far is just sewer and not water?
Boesiger: That is correct, he, well part of our agreement was that we would hook him up
to sewer and stuff the pressurized irrigation to him which we have, that is now done. He
says his well on the site currently is fine. V11ith pressurized irrigation all of the well would
be used for is domestic water inside the house so he felt like he didn't need water. He did
want to be assured that the main would be available if he ever did want to hook up to it
which it will be. Vlle are carrying the water line dawn Ustick to just past his boundary line.
So, if he ever wants to hook up in the future then he would have the ability to do that.
Carrie: Any further questions from council?
Rountree: I would have a question for Gary Smith on the daability of this?
Smith: The obi I ity'~
Rountree: The dvability of making this connection.
Smith: I need to ask Richard a question, this is the house that is at the southeast corner
of the parcel that you purchased is that correct?
Boesiger: Right this is that one small out parcel with that one existing house on it.
Smith: It would be connecting to an interior street, sewer at an interior street?
Boesiger: Na, we are extending sewer and water down Ustick just past the line and
Smith: Past his east boundary or your subdivision
Boesiger: Past his west boundary
Smith: Just past his west boundary so you are proposing to hook in at that point then, his
southwest corner?
Boesiger: That is correct, basically travel through his lotto the Ustick right of way.
Morrow: Explain this to me, is this property not between their subdivision and the Davis
property?
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Meridian City Council
July 1 ~,199~
Page 44
Smith: Yes right.
(Inaudible)
Morrow: So the agreement, are they going to the wes#ern boundary with the sewer and
water line at this property sine of this property?
Smith: Yes
Marrow: Then who pays to go across the front of the property to the Davis property does
this property da it at some point in the future with the sewer and water lines? Theta and
through issue?
Smith: Well,
Morrow: If we are going to extend sewer service to this property don't' we by ordinance
have to go through to the east boundary of this property?
Smith:1111e11 it is to and through the development, the developed praperky. This isn't part
of the development although the development is along the north side of this property. I
don' know, that is a fair question and a good question. I don't know, typically it, we don't
have these out parcels or if they are out #hey are in the middle of the development and
they just continue the extension right on past them. 1Nhere they are in the corner like this
1 don't know.
Morrow: My question to you is how you get, if you are going to allow sewer hook up know
hvw do you get at some point, and let's assume the Davis's develop ten years from now.
How do you get the sewer and water line from the west boundary of this property to its
east boundary at the property's expense?
Smith: 1lvell you don't, Vaughn would not be very amenable to paying the cost of an
extension across the front of his property if he is already connected to it you are exactly
right. It would be up to Davis to front the bill unless the Summerfield Development was
required to extend it.
Marrow: ~lllell normally when somebody fronts it like the Davis's then we give them a late
comers agreement that allows them to recapture their cost. But in this cast if we granted
the sewer hook up this guy has already got his sewer and he is never going to pay the late
comers.
Smith: It would be very difficult, impassible to collect a late comers fee from him if he is
Meridian City Council
July 1 G,199B
Page 45
already connected. I guess the other part is if you allow him to connect to it then you
require him to extend it across the front of his property so that Davis could connect to it at
his west boundary. That you would lack at it as a mini development whatever the size of
that parcel is. That is a ~~ inch water line and an S inch sewer line. Is that right Richard?
Boesiger: l believe that is correct.
Smith: It is a main transmission water line and that is a lateral sewer line. So for his
connection then far a single family house that throws another iron in the fire, that is not the
right word, that throws a kink.
Boesiger: I guess my comment would be is that all developers have to do some off site
sewer and water extension. We are all used to that, this is only 15a feet. When that parcel
develops, having sewer and water within 1 ~0 feet of your parcel is quite an advantage
nowadays.
Morrow: (Inaudible) in terms of the Davis's?
Boesiger: Correct
Smith: There would also be sewer and water stubbed into Davis's property from your
subdivision right, from Summerfield No. 3, it stubs into Davis's west boundary, isn't that
correct Richard?
Boesiger: Na
Smith: Isn't there a stub road out of your property into Davis? Where your pressure
irrigation pump station is?
Boesiger: Yes, you are correct, you know the plat better than I do.
Smith: So there is a sewer and water stub into Davis from Summerfield that Boesgier
(inaudible)
Boesiger: That is right we are stubbing sewer and water right to his property line. So he
want' even need to tie onto that Ustick Line.
Smith: He will have to extend it because it is a main section line road extension,
Morrow: what I am having trouble with here is that basically you are talking about ~ 5~ feet
of property that was left out of the subdivision and you are suggesting that at same point
f~
Meridian City Council
July 1 ~, 1998
Page 48
somebody ease aught to pay far it or the tax payer aught to pay for it when in reality either
the property owner which in this case is Mr. Vaughn aught to be paying for it because that
is the same rules that everybody else plays by. And you are into a Ioop system sa it is
going to ga through there at some paint in the future anyway. It is a tough break for him
but if he would have sold to Max and Richard then it would have been part of their
subdivision and the house wouldn't have been there and it would have been developed
into whatever and it would have been a requirement of them to take it to that Davis
property line. Is that correct?
Smith: Yes, I might ask another question of Richard, perhaps he can answer on the basis
of the Highway District, when they have an out parcel like this do they make any kind of
recommendation for extension af, if curb, gutter and sidewalk was to be built for extension
of that past parcel that is not included in the subdivision boundary?
Boesiger: ACHD it is a little more complicated, it kind of depends. It depends on whether
impac# fees are involved or not. To be honest with you I have never run into one of these
things since the impact fee ordinance was into effect. I believe in one of their discussions
their general guidelines were that if you are making less than BgB feet worth of
improvements you wouldn't have but if it was less you would. Like I said there has been
a Iot of water under the bridge since then and I am really not sure what #heir policies are.
Smith: I think that had to do more with the parcel that was surrounded by a subdivision,
in other words it was an out parcel an existing homestead that was being subdivided
around.
Boesiger: That is right, in this case you have a legitimate split, one time split of a pre-
ordinance lot. They can't. force a developer to make the improvements in front of that,
somebady else's property unless that praperky was included in the plat. 1Nhich of course
this one wasn't. So I would think in this case they wouldn't require you to.
Smith: As I remember there was a distance a maximum distance that they would allow to
exist as undeveloped. Below that distance they would require the development to take
place the improvements to take place by the developer even though the parcel was
outside the boundaries of the subdivision. I don't remember what those distances are but
it seemed to me that there was a criteria that was established by the Highway District.
Boesiger: But that had to do with could the developer get impact fee refunds for that work.
don't think it had specifically to do with whether it was an actual requirement or not.
Smith: I don't remember and maybe that doesn't play into our decision toni ht Council.
Y g
Meridian Gity Council
July ~ 6,1996
Page 47
Boesiger: !take that back that is not 159 feet that is 96 feet wide.
Morrow: (Inaudible) is 90 feet wide?
Boesiger: Right
Gorrie; Any recommendation nary?
Smith; Well, Richard is right inmost cases development or a developer is going to need
to extend sewer and or water a distance to get to their boundary for development. Not
always but generally speaking they will. However, in thaw cases the developer does
have an opportunity to recover some of that cast of extension in a late comers agreement.
In this case Mr. Vaughn connects to the sewer, there wouldn't be an opportunity for Davis
or whoever purchases and develops Davis's property to collect a late comer fee from Mr.
Vaughn. Unless, well I don't even know if legally he could. If the City allowed him to
extend that sewer line ar connect to that sewer line without extending it. Unless perhaps
a compromise could be reached where the sewer line could be extended far a distance
across his prapertar to allow him to connect rather than allow a service line to came out at
an angle and connect at his southwest corner. l don't know how deep that sewer line is
right in there. So again that is not going to bean expense coupled with the double hook
up fee. And, I would suspect that if they are having troubled based an other incidents that
we have observed recently that if they are having trouble with their septic tank and City
sewer is at their southwest corner Central District Health is not going to allow that septic
tank drain field to be replaced. They will require Mr. Vaughn to connect. And when
questioned the authority of them to make that requirement I was advised that yes they da
have that authority. I took him at his ward. So I think that it is a done deal as far as the
connection is concerned and I guess the only matter is the terms of the connection from
a cast standpoint. And whether or not an extension would be necessary on the sewer line.
Boesiger: This is turning out to be a little more complicated than I thought it would. I should
have come and talked to you first nary.
Smith; Has it failed?
Boesiger: No, it still works he dust has to pump it out every once and a while.
Smith: Maybe that is his best alternate right now I don't know. if it is still functioning. ~f
course you have made an agreement to connect him haven't you?
Boesiger: Yes, that is where we are kind of between a rock and a hard spat. INe agreed
to hook him up, granted we made a mistake by not thinking about the annexation issue
Meridian City Council
July 16,1996
Page 48
when we agreed to that it just never crossed our minds.
Smith: Is he connectable any where besides to Ustick?
Boseiger:lNell there are twv property lines between lots in Summerfield 3 that we need
to go through to get to his Iot that we were under the understanding that you preferred not
to do that.
Smith: Service lines are not our jurisdiction.
Baesiger: V11e did that in the Vineyards on that existing house in the Vineyards and it
seems like shortly after that somebody at the staff said they preferred not to do it that way.
Smith: Illlell l think the preference would be to not do that, but if you use a schedule 44
sewer pipe and don't cheap up an the pipe material and do a good job in laying the pipe
and it has some depth to it so it is not disturbed by fence posts and others digging that
over the long run it will last for a Tong time. But again aver the long run there is a
possibility of interference from lot improvements. And or other things happening
underground that could cause distress to the pipe and require access to the pipe. Then
you have problems with the neighbors.
Baesiger: Boy I wish I had come and talked to you Gary.
Smith: So the preference is to not do that.
Boesiger; But if it is an option it would be a lot cleaner way of handling this because that
would get us a lot closer to his house.
Smith: I suspect his septic tank is in the back yard anyway.
Boesiger:lNell the house is towards the back of the lot plus the septic tank. Well the septic
tank is actually on the side. That would actually be a shorter run, the service line would
actually be shorter to come in between those two fats between Lot 30 and 31 then it would
be to come off of Ustick. It would be twice as tang to come off of Ustick. Can I suggest
that maybe I postpone this and talk it over with Gary and go aver what our options are.
Morrow: I would move to table to August G.
Rountree; Second
Corrie: Matian made by Mr. Morrow, second by Mr. Rountree to table this request for hook
Meridian City Council
July 1 B, 199
Page 49
up to the August 6 meeting, any further discussion? AI those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM#12: DEED FOR GOLF COURSE PROPERTY:
Corrie: Council you received a fax from Spink and Butler. I don't know if you have had a
chance to read it yet. l guess how clean is this Walt in what we were looking far.
Morrow: In terms of the deed we are light years ahead of where we were. We are within
a couple of hours of getting that completed. The desire by Mr. Turnbull is to link the
recording of the deed and the side agreement together to be signed at the same time.
Really where we are at here is that there have been two revisions or two re-writes of the
side agreement. There are still some things in there that l am uncomfortable with. I won't
speak for the counselor but I think in terms of the deed, the deed is just about there, the
side agreement needs some fine tuning yet. Having said that I would have the counselor
take it from there.
Fitzgerald: Mr. Mayor and Council 1 kind of gat in on this actually an Saturday so I have
been having a quick education into the status of this. As I understand it there are basically
three issues presently the one is the deed to the property, the second is the side
agreement, third is an easement agreement. As I understood it originally although the
easement agreement is somewhat separate and distinct it is a related issue to this.
Focusing in on the deed which is exhibit B to the facts that you received as Councilman
Morrow indicated it has been cleaned up. But in terms of concern one of the issues is item
~ which is the easements and right of ways far roads, ditches, tunnels, utilities and other
purposes on the date hereof. Ta my knowledge the City has not received a legal
description of that property. So they have not been able to obtain a title report. Sa in
essence what we are dealing with is these easements and rights of way far roads etc., not
know what those are until a title report is dune. Also coupled with that is item 3,
exceptions, reservations, terms, covenants and conditions of record. Again that would be
shown in the title report. So we are in somewhat in the dark on that. Based upon my
conversations with Joann Butler today and this fax the message on that fax Mr. Turnbull
is to fax over to vur office a legal description. From that we can obtain presumptively a title
report to find out what exactly those easements and rights of ways and etc. any exceptions
or reservations are to clean up that issue. In terms of the agreement my understanding
is as Councilman Marrow indicated is that they want to execute the deed of gift with this
agreement concurrently. There are some issues with regards to this agreement that BRC
who is the grantor wants to have same so to speak protection in terms of the development
and use of this. My concern is how do these relate to obligations that exist under the
current lease agreement with Cherry Lane Recreation Inc. for the operations and
{ .....
Meridian City Council
July ~ ~, ~ 996
Page 59
~,,
4
maintenance of the golf course. That in my mind is a very big issue. So that the City is
not agreeing with BRC to do something that it has no capability of performing or ability to
perform. In terms of the maintenance, there are issues of what is a material change and
BRC having the ability to approve or disapprove of that development. So in terms of the
agreement itself I see some real issues that need to be ironed out. Again given my quick
education in this and the long history I think that it is an extensive examination of the lease
and this agreement and how the two inter-relate needs to be given same careful
consideration. Sa at this paint in time I think that we are or I would advise the Council that
given the status of this agreement and the issues that are out there that it is not ready to
necessarily proceed with the absolute approval of the agreement and correspondingly with
the deed until that examination can be made. However I would indicate based upon my
review of where we were previously and where we are this evening it is moving forward.
Cowie: Thank you counselor, I guess my question would beta 1Nalt haw are we as far as
time?
Morrow: I think what we can do here is that we are really close. I think we can authorize
as a Council we can authorize the Mayor to accept and also the Mayor and Clerk to sign
and attest the agreement and the deed because I am fairly convinced within the next few
days these will both becoming and we don't meet as a Council for these technical issues
to review those if the Gauncil is comfortable with that. From the standpoint of the next
steps that we will be talking about that is awarding of the bids that we have that Brad will
discuss here in the next agenda item I believe. Sa it would be beneficial to be able to have
the capability to at least award those bids and be moving an with that. And then in the
interim we don't meet far almost a regular meeting for almost three weeks. And given the
progress that we made today my anticipation that we need to have the Counselor's da a
little bit of work cross referencing the existing lease agreement with the conditions in terms
of maintenance and have the title policy to define what easements do exist. Those are
really the only two major issues left and once those are resolved then there is no reason
not to accept the deed and not to accept the side agreement. And we are on down the
road. Gne of the other things after we are done discussing this and you also have a copy
of a letter of commitment today by Brighton Corporation and David Turnbull in terms of
extending the road to the club house site by the latest next Spring depended on weather
conditions. That takes it out of the discussion that we had at our last meeting with Gary
and comments of an agreement between Mr. Lavan and Mr. Turnbull which the City wasn't
a party really too and it didn't do us any goad for them to have an agreement because it
didn't get the road built in order to get a club house built. With this letter of commitment
that Mr. Turnbull has as a first draft then essentially what happens is the road is
constructed to the club house site next Spring and it is simply up to us as a City to say
okay everything is ready to ga what is the schedule and design of the club house and the
disposition of such. So we have made substantial progress an both of those issues that
Meridian City Council
July ~ 5, ~ 995
Page 51
is where we are at now.
N
r-
Fitzgerald: I just want to interject two comments, number one, I noticed that in the facts
from Joann Butler that it says that please note that have Turnbull has not reviewed this
document so that it must remain subject to his final review. And then in terms of my
comments I also then address this other easement agreement although !think that needs
to betaken into consideration just in simply my understanding of haw the whale package
is put together. UVe don't know at this where those easements are going to be or any
information in that regard as to that easement agreement.
Carrie: Do we have a written agreement with Cherry Lane Golf Course Inc. that they will
build a club house?
Morrow: Not to this, what has been happening is that the tail has been chasing the rabbit
wit the road and the club house. By virtue of this letter then we are getting ourselves into
position of saying okay here is the schedule far the road, now we want these other issues
resalved.lNe can do that now that we have something concrete in terms of the schedule.
Prior to this Mr. Lovan's position and rightfully so was that I can't build a club house if I
don't have a road tv it. Mr. Turnbull's position was that he didn't know exactly when he
was going to build a rand. And so in the course of the last couple weeks and ultimately
today we have got the position now where based on our last meeting we made the
recommendation to Gary as a Council that we weren't releasing the approvals far Ashford
Greens No.1 until we got the issue resolved with respect to a letter between he and vUally
Lovan. ~Illhere we ended up with is we didn't want a letter of agreement between the two
of them because that did us na good. vllhat we wanted was an agreement between us the
City and Mr. Turnbull first. once we have the road in position then we dea! with the issue
of Mr. Lovan and the club house.
Rountree: A process or a timing question,lNalt you are suggesting doing something this
evening in terms of an action on this. Could we not, it would be my preference to deal with
this at our planning session if that is possible given the situation with Mr, Turnbull's
comments about not having had an opportunity to review this. I would certainly like to sit
dawn and read this. if I do have comments that gets to my second question not having a
meeting for 3 weeks, should I direct them to Mayor inaudible} for discussion and
incorporation or consideration of change so the Council can consider those if l have any.
vVhat I am telling you now is that I am not in a position #o take action on this this evening
if it means a special meeting because of the criticality of timing on this I am all for that. I
want to move it but I am uncomfortable given the information or lack of information I have
had an opportunity to review.
Morrow: I think it is certainly appropria#e then the night of our strategic planning meeting
4
Meridian City Council
July 16,1995
Page 52
we could notice that as a special meeting fora 5:30 start and that gives us, I really think
that at the rate we went at today that a week firom today we are essentially a done deal
plus we have the familiarity of Wayne being back so that if there are any little hidden
issues there we are not thinking of he has it covered. So I think it is appropriate that we
have a half hour special meeting and then move on into our planning session.
Rountree; That would be my preference.
Corrie: A quick question an that one, we have one Councilman that is not going to be here,
can we have it on the 30th if he wishes to be involved in it?
Morrow: Well the question is if you are going ta, you have to understand this only applies
to ~ and 113 holes approximately.
Corrie: It is required for the whole nine as you say, this deed (inaudible)
Morrow: Well not it is not required far the other 5 and 213 holes.
Corrie: Well it is if you want to use the money, it has to be deed in hand.
Marrow: Well if you recall there are two different layouts, if this whale thing falls apart and
we never got the property we have another layout to make use of the property hat we have
in terms of the nine holes. We can do nine holes in two different manners and always
could from the very beginning. And so the issue is that we have designed this with this
property for these nine holes the Ashford greens property comprises approximately 2 and
113 holes. The paint is that if we were never to get the property then we switch to the other
design and develop the nine holes with the existing property. where we are at right now
is that we are close to getting these. If we are going to tie the award of the deed to the
award of the bids we can't wait to the 30th it has to be next week. The issue is that we
have the bids 26th of June and they are 30 day bids which expire the 26th of July.
Corrie: I guess my only problem with that is you are eliminating, if that happen to be the
case, you go to the original nine holes how many homes are we eliminating to pay back
the $350,040?
Morrow: All of the homes that (inaudible) they are part of the agreement.
Carrie: They are part of the agreement? So they would have to pay regardless of whether
they are an the golf course or not?
Morrow: Yau have to pay now whether you are on the gaff course or nat. There are a lot
Meridian City Council
July 1 ~, 1996
Page 53
of hames that don't have inaudible} 3 different subdivisions or 4 different subdivisions.
Corrie: I guess I would have to go back, we are talking about 600 and some hames that
took in total and I would i guess I would like Mr. Turnbull End of Tape} that is your call.
I just had same questions if you go with the original back nine and you say it is I would
assume it was correct but we call i#, would Turnbull's group be involved in that anymore?
Because they are not even in part of that back nine.
Marrow: No, Bob, they were required like anybody else it is a condition of their approval
to pay the fee within the subdivisions, whether they have frontage on the golf course or
nat.
Carrie: If that be true than that is fine, I just didn't know what it was, i would have to look
at that, I want to make darn sure that they are involved in it because there are a Iot of
hames.
Marrow: At this paint it is in Mr. Turnbull's best interest to proceed with this because his
entire design of the subdivision and those homes are contingent upon them being on the
gaff course. The whole reason far the signed agreement is his concern that the golf course
be an amenity to help sell his homes. So at this paint he has everything to Iose by na
proceeding forward with the deeding of the 280113 acres. vVe as a council and City by
virtue of expiration of the bids make our decision at next Tuesday's meeting. There is no
other option. By virtue of the construction time schedule we need to be making that
decision and awarding those bids either tonight subject to work starting once we have the
deed in hand or we award those bids next week based on having deed in hand.
Corrie: I guess my original question is Inaudible} it is your call. Charlie?
Rountree: I don't have any problem with awarding the bids tonight with the condition that
we get the deed in hand. That just takes care of the legal time line I assume we could
cancel it if the deed fell through inaudible} but as far as the agreement I would just like
to see that in fairly final form.
Morrow: I don't disagree with that and it needs to be next week because you also have a
construction time line (inaudible) all of a sudden you are in August and it is too late to get
(inaudible) very little seeding growth.
Carrie: Any further comments of the Council?
Morrow: So let me ask you this, da we need a motion?
Meridian City Council
July 18,1996
Page 54
Corrie: If everybody is in agreement I will call a special meeting an the 3rd, along with
the planning meeting there will be a special meeting if nobody has any objections.
Bentley: So we need a motion to table?
Corrie: Na I will just call a special meeting for the agreement and deed.
Rountree: So likewise defer item 13 until the 23 ar is there any advantage
Morrow: No, let's award the bids tonight so that we have got them out there and ready to
go.
Rountree: With the conditions?
Morrow: Yes with the conditions that we accept the deed and the side agreement.
Rountree: Is that a motion?
Morrow: Yes
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we award the bids, I
guess we have to look at the bids, I guess there is only one in each category, well we will
look at the bids at that point, to award the bids based upon the agreement and the deed
easemen# agreement inaudible}with Council.
Fitzgerald: I don't know if this is necessarily appropriate but in terms of the motion the
acceptance of the bids is subject to and conditioned upon the deed, the side agreement
and easement agreement is that correct
Corrie: That is correct, any further discussion? All those in favor? Qpposed'~
MOTION CARRIED: All Yea
ITEM #13: AWARD BID FQR GOLF CGURSE CQNSTRUCTIQN:
Corrie: Brad, are you going to do that?
Watson: Mayor and Council we together with the Golf Course Committee have put
together a budget, construction budget. There are twelve items on there. We went out for
Meridian City Council
July 15, ~ 995
Page 5a
bid an three large items and received bids for two of those. The one that we received a
formal bid forwasthe irrigation equipment. That is from Silver Creek Irrigation they were
the law bidder. The greens construction, we received a formal bid from Cloverdale
Nursery, The other ane that was put out for formal bid was for an irrigation system
installation. VIle received no bids for that, I have since talked tv four or five people that
provided quotes. The firm that provided the lowest quote is Hillside Nursery. That was
provided actually through Cloverdale Nursery who is doing the greens construction, the
one that submitted the only bid for the greens construction. The Golf Course Committee
I think recommended them since they would work hand in hand with greens contractor. We
have obtained quotes for nine other items, those weren't put out for bid because they are
all under the $Z5,DDD limit. There is ane item an here, I haven't talked to waft about this
yet, it is for construction of pipe fine befinreen the ponds. The quotes that 1 have gotten sa
far indicate that it would aver the $~5,a4D limit and possibly may have to be put out far bid,
The total dollar amount that I came up with adding all of these quotes and bids together
i s $339, D99.
Carrie: Do you know what we have in the account?
Marrow: In the $35D,ooD account? `Illell actually we have been paying off the $35D,9Da
and haven't borrowed any of the money as of yet. And sa the issue is that we have had
some payments off there, we had the $35D,oD0 plus the last financial repack we had is we
had approximately $2~,DDD from the donation account thereabouts and we have never
been able to get the information from the City of Meridian concerning the balance of the
accounts from Paul white within Cherry Lane Subdivision nor from Gary Marshall in Galf
View Estates. Paul 11Uhite donated for a period of a time $~DD per lot we don't knew what
that balance is we have requested that information since this committee was farmed, we
have not been able to get it. The same is the issue with Gary Marshall in the Galf View
Estates monies, don't know haw much it is, there is money there. Dennis Marshall, I am
sorry.
Corrie: We are not being able to get anything from the Treasurer's office?
Morrow: That is what I am trying to tell you.
Corrie: I hear you but
Marrow: The farmer Mayor Kingsford has made two ar three requests, l have requested
as of yet we do not have a handle nor have we found that money through our financial
reports. So i need help getting that money or at least finding out what it is and where it
is.
Meridian City council
July ~ 5,1995
Page 55
Corrie: You have it. So you are well within, we are $372,000 (inaudible). The only thing
we really have to worry about is that $25,000 plus if it is over that then we have to go bid
on that.
vUatson: Possibly
Morrow: There is same design work there and then there is some question in terms of
specs.
Rountree: And timing of asking for quotes.
1Natson: There is only one thing that I wanted to bring up, in the bid documents I specified
a 50 day bid open period because I knew there was a possibility of this. That is kind of
irrelevant because this needs to be done like you said the time line. I just wanted to clarify
that. The only other thing an this total that I gave you, there is a passibility for this panel
pipe line that some engineering and construction staking would have to be done but the
cost for that wouldn't be any more than $3Da0 I estimate.
Morrow: I guess the gray area to bring you up to speed on the pipe (inaudible) whether it
is a drain line or just a supply line and whether it is a deep set line graded or whether it is
a shallow set line that just gravity flows between the ponds. Because at the end of the
pond there is a provision for it to drain into a ditch, what is the name of the drain ditch
Gary? Drain ditch 1 (inaudible}
1lllatsan: Right it is an Black cat.
Garrie: So we are looking at 12 items one possible bid yet?
VIlatson: Yes, and the only thing as far as I am concerned that needs to be taken care of
like Uvalt has said is these two formal bids they need to be notified soon.
Carrie: Thank you Brad, any further questions?
Marrow: Excuse me, we did have the motion to award those bids.
Corrie: Yes subject to the (inaudible).
ITEM #14: aEPARTMENT REPORTS:
Carrie: Gary?
Meridian City Gouncil
July 1 ~, ~ 996
Page 57
Smith: I would like to acknowledge Brad for all of his goad work, hard work on that golf
course project, I think he pulled together a lot of information and was able to present it in
a very concise format far the golf course committee.
Morrow: He has done a heck of a job for us on the golf course committee and brings a lot
of expertise by virtue of having dealt with some of these folk that we are working with
before when he was in norkhern Idaho somewhere well above Moscow. So he is not in the
same position as our Counselors might be.
Smith: The two items that you have in front of you on my department report concern
easements far an extension of a sewer line from the Five Mile Trunk Sewer that was done
as park of the St. Lukes project under the interstate to the south to Gveriand Road. That
line would ultimately serve the Voigt property which was known as Sundance subdivision
and I believe now that 5g some acres has been purchased of that site by Meridian School
District for a future high school. Sa this sewer line would service that future high school
site. Along with property to the east and west of the extension basically from Eagle Road
west to the Playground where the driving range is and south of Gverland Road which
would include the Sundance development. Anyway, easements were obtained by the
developer for that extension some time ago. In fact it was, it has been at least a year ago.
During that period of time one of those easements they have found a need to change the
alignment on one of the easements or change the alignment of the sewer line which
changes the easements. So a new sewer easement has been obtained by the developer
which is Mr. Voigt and Mr. Craig Groves from the Thomas family and in turn they have the
developers Mr. Voigt and Mr. Groves have obtained a recision agreement from, recision
and termination of easement agreement from Mr. and Mrs. Peck which eliminates the
easement across the Peck property and establishes an easement across the Thomas
property for this sewer sine extension. The terms of the easement for the Thomas property
are basically identical to the terms of the easement that you approved far the Peck
property. So the reason that this is before you tonight and I don't think I erred and didn't
get you a copy of the agreement but far you to approve the easement for the Thomas
property and approve of the recision of the easement for the Peck property, The Peck's
have signed the recision and termination of easement agreement. Mr. Groves delivered
a copy of that to me and I have it in my possession. I have a copy of the easement of the
agreement for the Thomas's in my possession and they have signed that agreement, So
I would request your approval Mayor to sign and Gity Clerk to attest both of those
documents.
Morrow: Mr. Mayor I would move that we accept the sanitary sewer easement for the
Thomas parcel and the recision agreement for the Pecks's and that we authorize the
Mayor to sign and the City Clerk to attest both of those agreements.
Meridian City Council
July 15, ~ 995
Page 58
Tolsma: Second
Corrie: Motion made by Mr. Marrow, second by Mr. Tolsma, any further discussions All
those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Thank you
Corrie: Shari?
Stiles: Mr. Mayor and Council I had two items today. One has come up recently on
Sportsman Point No. 5 this would be at the southwest corner of Locust Grave and
Overland. The developer got approval for his final plat originally in April of 1995. Wait
maybe that is wrong, he got an extension to record the final plat on June ~5 of 1995 which
would mean by June ~o of this year he was required to have the final plat recorded. He
has not done that, he has not made any requests to to the City. He wants to get apre-
construction conference approved and when Rick asked him about the expiration of his
plat he said that is okay go ahead. But I really don't think that is a staff issue and it is not
up to the developer to tell us what our ordinance. It is very clear about the final plat shall
be recorded unless the Council gives the maximum of one year extension and he has
exceeded that time. I just, do I direct the developer to apply far a variance, do we tell him
his plat is null and void, do we over look it and give him an extra two months. I don't know
if Gary has any issues that are unresolved wi#h this plat.lNe are running into this more and
more lately, I would like us to either go with what the ordinance says or change it. It gets
a little difficult when somebody comes in two years after the fact and then all of the sudden
wants to hurry and have us drop everything and Iook at his plat again.
Carrie: Gary?
Smith; Mr. Mayor and Council, Mr. Johnson the developer of this project told me that one
of the reasons that he hadn't recorded the plat was that he was waiting for approval on the
construction plans. I have admittedly been hassling him on the construction plans
because of some irrigation, pressure irrigation issues. I don't know if that is the absolute
truth or not but I can only assume that it is. He does have streets cut out there and he is
very anxious to proceed with construction of the subdivision. INe did give him approval
of the development plans and he has taken that approval along with the plans to DECD far
their approval. Upon receipt of that he can schedule a preconstruction meeting with the
City of Meridian. So it is his intent to proceed with the project.
(Inaudible)
Meridian City Council
July 16, ~ 99~
Page 59
Groves: My name is Craig Groves, I would like to address this issue. My capacity I am
speaking with you as a partner in Gem Park No. ~ which is the development company that
is developing Sportsman No. 5. I wanted to just clarify and reiterate a couple of issues.
Development financing for that project was obtained and closed in April of this year. We
proceeded to schedule some site clean up and grading work and at the same time
submitted plans tv the City of Meridian. Mr. Smith had some issues in regards to the
pressurized irrigation system. My partner Mr. Johnson didn't have construction drawings
on the pressurized irrigation system detailed enough to meet Mr. Smith's requirements.
And did have some issues regarding that pressurized irrigation system that they went back
and forth on. Mr. Johnson felt that since the pressurized irrigation system was going to
be awned by the homeowners association and not operated by the City he was
questioning why the City had to approve all of those plans. So they kind of went back and
Earth a little bit on that. So I think Gary had a little bit of a position there to hold the project
up. If there is any way that you can see yourselves allowing us to move for~nrard I believe
all of those issues have been resolved. We would sure Pike to get started on it.
Corrie: Thank you, Council, discussion?
Smith: Mr. Mayor, I might ask Mr. Groves what is the timing for you to retard that plat then
if that is the issue and it is not so much the construction of the project as the issue righ#
now is just the recording of the plat.
Graves: Inaudible} Gary, my knowledge, we needed the construction drawings approved
so that we could obtain the necessary letter of credits to take to the agencies so we can
record it. Bank financing is in place and the bank will issue the letters of credits but we
have to have construction drawings, approved construction drawings to proceed.
Smith: So that you can get the signatures of the agencies on the plat?
Groves: Right.
Smith: Do you have a time line as to when that is all going to happen
Groves: It takes a little while to run those plats through the agencies, it was, it is our
intention to just move as quickly as we can. I think the least amount of time that we need
to get a plat recorded by the time that you get it to all of the various agencies and have
them sign off on it is going to be 94 days. We will have the project built and paved out
within 9~ days, we will have it built and paved out before we can get it recorded.
Smith: Thank you
Meridian City Council
July 16, 1996
Page 60
Morrow: So Shari would you recap for me exactly what the issue seems to have been that
there was not an application for extension on the plat within the required time because
there was information going on back and forkh between the developer and the public works
department, is that where we are at here's
Stiles: Councilman Morrow, Mayor and Council the issue is that the ordinance is very
clear, !don't think it is subject to my interpretation or anyone else's interpretation. It says
that the final plat shall be recorded within one year unless the Council grants an extension
up to a maximum of one year. That time has come and gone and if the Council in their
discretion wants to give them another 90 days that is fine but I would like that to be the
direction of the Council and not a staff decision,
Morrow: I believe that we have lane 90 and 100 day extension before far other folk as I
recall. You are nodding in the affirmative Mr. Smith'?
Carrie: Vllas that a formal request, Gary, was that done by formal request? we don't have
a request at this point from them to do that.
Smith: No, that is correct. Golf View was one, I don't know if that was, I think we had a two
year situation an that, it lapsed an year and then the Council granted another year far an
extension on that through a variance.
Groves: l would like to say, it was truly just a complete oversight. Gur extension expired
what did you say June 21 or 2~, 20.1Negot approved construction drawings and letters
back from Gary I think just after the 4th of July. I guess if you will take a request fora 90
day extension right here and now I would like to ask you far that please.
Morrow: Is it inappropriate to grant a 6 month extension from the day of expiration?
Corrie: I suppose you can do anything you want, the Council can extend if they want.
Fitzgerald: without reading the statute, and or the ordinance and if it is as clear as it is it
would seem to me that the only way you could do it is through a variance the way it has
been done before. I have trouble in my mind saying that the Council can disregard the
language of the ordinance and grant an extension in its discretion unless there is some
basis whether it be through a variance or not.
Rountree: So I guess what you are saying is that would be inappropriate to act an the
request received.
Fitzgerald: Based upon what !have heard tonight yes. If you want to give me some
Meridian City Council
July ~ 6, 1996
Page ~~
Rountree: That is as close to a yes as l am going to get i think.
(Inaudible)
Carrie: It is ordinance 9-644, any request for extension must be filed with the zoning
administrator prior to the lapse of the original one year it must be written.
Fitzgerald: That sounds pretty defining to me.
Morrow: So !guess the direction then to Mr. Grove is to request through the formal
channels what we have do here and proceed forward. There is no other option
unfortunately.
Corrie: Gkay so then a variance request. Shari?
Stiles: I had another issue come up today and actually Gary did too, somebody has
submitted a building permit application in La Playa Subdivision, I want to hand out these
maps to you. As you know we have had some recent experience and we are on a learning
curve on planned developments as witnessed by the Ashford Greens Subdivision and this
La Playa Manner Estates subdivision. The owner came in today, wants to build single
family zero lot lines development an same of these lots. I don't think that was made clear
during the process and apparently they said that they wanted the duplex lots because they
said they were having trouble with the Vvater Superintendent as to where these utility
locations would be. This is another case where the ordinance says that even in zero lot
line development there will be a ten foot separation between buildings. The developer is
requesting that he be allowed to have his five foot setback or a five foot distance between
buildings to be able to build single family homes on the lot sine. in that case they would
also have to dedicate an easement as Gary and I discussed about so that they can
maintain that site of their building that was on the lot line.
Morrow: Let me ask you this Shari, so what is the total distance between the two
buildings?
Stiies: There would be five
Morrow: Five feet?
Stiles: Yes
Morrow: 1111e1i normally in this kind of a zero lot line you will have, for example you might
have zero on one side and then a 3 and a seven ar something like that far a composite of
Meridian pity council
July ~ 5,196
Page ~~
ten an the other side that allowed space for service lines like sewer and water lines and
so on and so forth. What you are asking for on this is that total distance be five feet and
then an easement for use to maintain the site of the house I guess, is that what you are
saying?
Stiles: Yes, the easement would be within the five feet between the buildings.
Marrow: That allows both parties access to maintain their houses?
Stiles: Yes, they have drawn on this map what might happen. But they had a real problem
with the ten feet between the buildings. The ten feet is in our ordinance in regard to zero
lot lines.
Marrow: Ten feet meaning on the off side.
Stiles: Just ten feet between buildings.
Morrow: Your zero on one side of your building, the next side, it doesn't matter how the
property is divided, it could be any multiple of ten feet but fvr a total of ten on the other
side.
Stiles: Yes
Rountree: I would have to say I would want to hold with that. What are they asking, far
a variance?
Stiles: Mr. Kirby when he came in, he seemed to be of the understanding was this was
always what he was asking for. I don't think it was ever presented that way. He says that
the fats are unusable if he is not allowed to do it this way. I guess what 1 always saw when
they were discussing it is duplex and single family development was that the narrow 4~.5
foot frontage lots would all be duplex lots and that the larger lots that could accommodate
single family homes would be built as single family homes. He was very adamant that this
goes on in surrounding communities all of the time and I just, !don't have the experience
with these kinds of developments to know. I could do some research on that and get back
to you but from planning and zoning standpoint it doesn't make that much of a difference
but as the utilities and sewer and water and any kind of other utility easement I don't know
what that does. I probably should have had Mr. Kirby come tonight to explain his concept
better to you.
Morrow: Shari I can't give you an answer, from my own personal experience I am trying
to recall right now and I just need to think it through. I don't ever recall working in a deal
Meridian City Council
July ~ ~, ~ 995
Page 53
where there was a total of a five foot separation on the off side. So I need to ask same
other folk within the industry and sa an and so forth. 1 am not prepared to give you an
answer.
Stiles: Is there a way that you could maybe individually get back to me.
Rountree: I will get back to you right nvw, it would be my opinion that you hall to the
ordinance the way it is and that off side minimum is ten feet.
Bentley: Mine too.
Tofsma: Same here
Corrie: I think your answer has been given to you, they want a variance then they can
come for it. But it, you have your answer.
Morrow: Let me ask one other question here, if he can furnish documentation that he was
approved with what he thinks he was of the five foot then that is another matter.
Stiles; I will research that, I didn't have much time to Ioak through the tale but I will research
that and make sure it wasn't presented.
Corrie: But at that time he can bring it to Cauncil.
Stiles: Thank you
Corrie: Chief?
Gordan: Nothing your honor.
Corrie: Counselor, do you have anything you want to (inaudible).
Fitzgerald: I have two things, two quick things. There is a guy by the name of Mike Dailey
called today concerning Meridian Taxi Cab and an ordinance reciprocal, I dust mention that
to make the Cauncil and Mayor aware of that. Then I do have a question and if you can
answer, there is a Gordon Slyter who is developing or I believe is trying to enter into a
development agreement with two Tots, one is to the north of Spicewaad and the other is
to the south of Spicewaad. He represented to me today in the conversation that the
Council has previously approved that if he gvt it straightened out that the Mayor could ~ust
a ~
go ahead and sign off on ~t. V1layne didn t recall anything like that.
Meridian City Council
July 1 ~, 1996
Page 64
I~auntree: is that the wedding chapel
Berg: Na the church.
Stiles: That would be the Treasure Valley worship Center, was he saying anything about
not wanting to include both of those parcels?
Fitzgerald: Yes, what he is trying to da is exclude as I understand the south parcel or the
south lot and he just wants it for the north lot.
Stiles: I told him, I think the language is pretty clear as to what is determined far each lot
and it is all part of one annexation or one rezone so that was the reason I put that
restriction on there so that both of these properties are covered with this development
agreement. So he doesn't sell off his piece of property without those people knowing that
there are some restrictions on the property and what they can do with it. That was the
reason that they were both included. As far as the Mayor being abEe to sign, I had asked
him, there is a clause on the signature page that it is not effective until it is approved by
the board of the Four Square ~aspel so I told him to get the board to sign it first and then
submit it to the City when it had all of their approvals on it.
Fitzgerald: okay
Stiles: Is Mr. Daily going to be calling you back?
Fitzgerald: I told him after talking to Mr. Crookston that it was a Council matter.
Carrie; I think that there is a little more to this, the legal, you and the City of Boise is going
to have to get together with their legal department. He is under the impression that if we
have a license in Meridian he has a license reciprocated to Boise. I don't think the City
Council of Boise is going to approve that in any way shape ar form where he can get in
line like anybody else and not pay their fees. So I think that we need to have same
questions asked like from our Council to their Council and also Moony had some definite
ideas, a taxi cab from here can go there and drop off people and come back. And he said
he wants to pick up the people there and bring them back here, but he was getting in line
with the other taxi's and not paying the fee to get a license. Sa whether reciprocity is
involved there not that is a legal thing we have to discuss too.
Morrow: Do we even have reciprocity an taxi cabs'
Carrie: Mlle don't and I don't think Boise does either.
Meridian City Council
July ~ 6, ~ 996
Page 65
Stiles: This is related to that issue, we have been trying far several months to get Mr.
Daily to come in and get a conditional use permit. It is not a permitted use where he is at,
he keeps saying it is going to be next month, next month and now all of a sudden he wants
us to bend over backwards and came up with some agreement with Boise City and I don't
think we awe the guy anything at all.
Carrie: This is the agreement he says if he gets it from us then the reciprocity is there. I
think that is a legal matter that we need to get straightened out first.
Fitzgerald: Like I said I just brought this to the Council's attention.
Corrie: Just so you know if he calls you and I need to talk a little more tomorrow about that.
Mr. Morrow?
Morrow: Two or three issues, one is that 1111111 handed us an issue under department
reports forthe release of the non-development agreement for Bedford Place Subdivision
No. ~. The necessary letters of credit and such were filed is that correct'
Berg: Yes, I received those late yesterday, but like everything else I want to make sure it
is all okay with Wayne Crookston. They have not returned the release or the formal
release as to the other department report item I had with Haven Cove No. 5 we have an
actual release of anon-development agreement.
Morrow: So we could approve that like we have done the other ones subject to the
attorney review.
Berg: I would recommend that yes.
Marrow: So I would move that we approve the release of the nonwdevelopment agreement
for Bedford Place Subdivision phase 2 subject to the City Attorney's approval.
Bentley: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, any further discussion? All
those in favor? Opposed?
MOTION CARRIED:
Corrie: Do you want to da the other one too waft on Haven Cove?
Morrow: Yes sir, what phase of Haven Cove is that
Meridian City Council
July 16, ~ 996
Page 66
Berg: It is number 5 but it is phase 2.
Morrow: I would move that we approve the ar that we apprave the release of the nvn-
deveiopment agreement for Haven Cove No. 6 phase 2 subject to the City Attorney's
approval.
Rountree: Second
Cowie: Matian made by Mr. Morrow, second by Mr. Rountree, any further discussion? All
those in favor? apposed?
M~TI~N CARRIED: All Yea
Morrow: okay, next couple of issues quickly is to remind you on our strategic planning
meeting we will be talking about further discussions in determining the Council President,
President term limits, Vice President, Districts, size of Council, staff and future City hall
building, update an sewer and water fees and level pay and delinquency and when we are
going to take care of Chase. The first item an the agenda, Mr. Cowie will based on a
promise that you and I made to Ms. Stiles will be the Capital Improvements Plan. She gat
short circuited last time.
(End of Tape)
Morrow: Inaudible}tiling ordinance and try to develop same sense of direction with #hat.
That takes care of those, in line with our Commissioner ordinance from last week I am
prepared to assign Councilmen to departmen#s. My assignment would be Mr. Tolsma to
the Fire Department, Mr. Rountree to Parks and Recreation, Mr. Bentley to Police and I
would continue with the Public V1lorks. I think commensurate with that ordinance that
Council would have to vote to apprave those assignments.
Bentley: UVhen is that effective?
Morrow: It would be effective immediately.
Bentley: Isn't that kind of, since everybody has sat down and gone through the budget
process with these people and turn around and switching now.
Morrow: we wouldn't be switching now because from an effective standpoint we wouldn't
be meeting with those folks and doing the purchase orders and those kinds of things until
well into August anyway when we are basically done with our budgeting process.
Meridian City Council
July 16,1 g96
Page 6l
Corrie: You said Fire was Tolsma, who was Parks and Rec was Rountree and Police was
Bentley and Morrow is Public Works. I don't know how the rest of the Council feels about
it, they either accept ar reject it.
Bentley: Who is going to present the budgets that have been put together then'
Morrow:lNe will be presenting those, we have already done the preliminary stuff on two
of them we will just continue through with what we are doing from a practical standpoint.
You have given us the tentative budget from the Fire Department, that presentation will
came as soon as you are back from vacation. While you are gone we will do as per our
discussion we will do the City Clerk's issue. vUe need tv decide tonight also about times
for that, we will do the City Clerk and we should have everything done except fire and
police. Mr. Gordon has already submitted a preliminary budget he was working with
Charlie an that. So by effectively by the first part of August we will have those things all
done.
Carrie: I guess you have to decide whether you want to accept the position that he has
ached you to do or you could refuse it and try some other combination.
Rountree: I guess for discussion I as Mr. Bentley has pointed out I have been working with
the Police with their budget, I don't have a strong feeling either way in four years we are
all going to have a whack at all of these the way we are set up. it doesn't give me any
heartburn to !guess jump ship at this paint in time. But I would like to continue an at least
through the budget process with efforts we have lane with the Police Department.
Morrow: I absolutely concur 1 don't see any change in that.
Bentley: Refresh my memory with the ordinance when was the changes supposed to take
place, the yearly changes ar the yearly appointments?
Morrow: The yearly appointments take effect at the start of the fiscal year, Gctober 1st.
Bentley: Sa why don't we just hang in place until Gctvber 1st and then take the changes.
Marrow: Well I think as we get through the budget process it makes a certain amount of
sense to start familiarizing ourselves with the new departments as soon as possible.
Tolsma: It makes no difference tome.
Rountree: Would it be a motion by Counci!? Mr. Mayor, I would move that Meridian City
Council accept the appointments as identified by Council President Morrow.
Meridian City Council
J u I y 16, 199B
Page ~S
Tolsma: Second
Cowie: Okay, now each individual according to that ordinance has the right to refuse to
take that one too is that correct?
Morrow: No, with the vote, the only way that it is refused is through the vote system. If the
Council votes 3 to na or 2 to 1 not to accept the assignments then the assignments are
redone. If the Council votes in the majority of the assignments then the assignments are
binding on all four.
Carrie: And this becomes effective what time?
Rountree: Do you want me tv restate by motion or just add a clarification? Would be
effective August 1.
Tolsma: Still second
Cowie: Motion made by Mr. Rountree, second by Mr. Tolsma, any further discussion? Ail
these in favor? Opposed?
MOTION CARRIED: ~ Yea,1 Nay
Marrow: The last item is for a time for budget presentation by the City Clerk's department
and P & Z far next week.
Rountree: Didn't we have one set up for Monday?
Marrow: I thought we were shooting for Monday to get in and out before the school board
met.
Tolsma: (Inaudible)
(Discussion Inaudible)
Berg: The 22nd is fine.
Morrow: Can both of you have yours ready by then? Sa we will plan an hearing both of
yours on Monday night at ~;30
Smith: Mr. Mayor, may I have a point of clarification for Councilman Morrow, I received
a copy of a letter that was written to Councilman Marrow from Brighton Corporation
Meridian City Council
July 1 ~, 1996
Page 69
concerning Ashford Greens and extension of road to club house area. Am I to release
based on that letter am I to release those approved plans for Ashford Greens No. 1.
Morrow: i think it would be appropriate for Council to take that action once deed is in hand.
Carrie: UVe haven't approved it yet.
Smith: Gkay, sa i will hang an to those plans then until the Mayar and Council has
received the deeds for the golf course property.
Marrow: I think that was the discussion that we had last week, I think that maybe it is
appropriate that each Councilman indicate whether they still support that position. Last
week was that we get that deed issue resolved that those things are to be released and
on down the road. If this letter constitutes and agreement that the Council is happy with
ar acceptable to them then the letter becomes the agreement, we have the deed and the
construction drawings are released. That is as I see this. Bob, is that how you remember
it to be?
Corrie: Yes after everything was into be released not until.
Marrow: And we had changed, originally it was Mr. Lovan and Mr. Turnbull that was the
presentation last week. In our meeting last week we changed that to have the agreement
between the City and Mr. Turnbull once we had that in place then we would negotiate.
However with Mr. Lovan for the club house and in the mean time Gary was to continue to
keep those based on the receipt of that letter continue to keep Chase plans until we had
the deed concluded. So, If the letter is acceptable as an agreement between us and Mr.
Turnbull that is fine. But we don't release anything until we have the deed done.
Corrie: Because phase 2 is already in effect and
Morrow: So that is my position.
Corrie: That thing is going to be released until we know until the 3rd, it will be the 2~rd
before we know about.
Morrow: We should know before then if everything is fine. You would have to ask the other
three guys if that is their position too.
Smith: Is that what the rest of the Council feels that you want me to do then? Is to hang
auto these approved plans until that deed transfer takes place?
Meridian City Council
July ~ 6,1996
Page ~0
(Inaudible)
Smith: Thank you
Corrie: Anything else Mr. Morrow?
Morrow: That is it.
Corrie: Mr. Bentley?
Bentley: I talked to all the Gauncil members after Ran and I and Gary had met an the
proposed changes to the Tulley park plan. I believe that we might have to take a vote on
that, we discussed changing out the two tennis courts to sand volleyball courts, possibly
eliminating one basketball court to give more room for a picnic area. So if everybody is still
in agreement I would make a motion to that effect if that is what it takes on those plans.
Rountree: I will second that.
Carrie: Matian made by Mr. Bentley and seconded by Mr. Rountree, any further
discussion? All those in favor? Gpposed?
MGTIGN CARRIED: All Yea
Corrie: Mr. Bentley anything further?
Bentley: No
Corrie: Mr. Rountree? Mr. Tolsma?
Tolsma: V1le had a couple of ladies from town that went down and do some beautification
far our little flag pole on the corner lot, Mrs. Hoyle and Mrs. Marks, went down and planted
some petunias and did some weeding down there. Inaudible}
Corrie: Do you want me to send them a letter?
Tolsma: It might be good to send them a letter.
Bentley: Mr. Mayor, I have one more thing, I have phoned a message into Cynda down at
APA to get Claire out hereon the, at 1:06 on the 6th to meet us early to discuss the off
ramp situation. If that is not acceptable he was gone for the day. He will calf back or she
will tali back and talk to the Mayor. Vlle asked if 3D minutes would suffice if not they wiii
Meridian City Council
J u ly ~ 0,1996
Page 7a
Marrow: Gr the extension doesn't need to be more than 90 days ar 1 S~ days that is all we
da.
Smith: I wil! talkto Brad Miller and see when he is going to connect that temporary septic
tank to the sewer.
Rountree: You will get a reaction anyway, you should get something.
Crookston: vUhen they not use that septic system anymore can't we convert that to a little
pool a little swimming pool.
(Inaudible)
Smith: I dropped another little memo in your box concerning Ashford Greens Subdivision.
A year ago yr mare I wrote a letter which is attached to that memo and it concerned the
construction of Ashford Boulevard from Black Cat into what would be the new club house
location. There was concern at that time that the club house would be built before the next
phase ar a phase of Ashford Greens that would be built that would include the construction
of Ashford Boulevard. Thereby eliminating access ar not providing access to the club
house. Sa, a condition of approval that was placed on the Ashford Greens No. 1
development plans that this developer enter into an agreement with 11Vally Lvvan outlining
a time line as to construction of either the club hawse and or the boulevard so that the two
would coincide with each other. The club house wouldn't be built ahead of Ashford
Boulevard. That agreement was never written, was never obviously signed. Now the
developer is requesting that we release those development plans for Ashford Greens No.
1 without this agreement. Their claim is that Ashford Greens No. 2 which is the one that
the amended findings were approved for tonight will be built well ahead of the Club hawse
and Ashford Boulevard would be part of that project. Sa Ashford Boulevard would be built
to the club house long before the club house is built. l haven't heard anything about the
club house at all. f don't know what its status is, if it has a status I don't know. I am a Tittle
hesitant to release those plans because of this request that was made at the time that
Mayor I~Cingsford was here. That was part of the approval far phase 1 or one of the
conditions of approval far phase 1. I can believe that if Ashford Greens or Brighton
Corporation moves ahead as they are moving right now that number ~ the multi family ar
the higher density development would exist before the club house but I don't know that.
Things can happen between here and there that may fall apart. The golf course continues
and the golf course is built and the club house paps out ofthe ground and Ashford Greens
No. 2 is still not constructed and Ashford Boulevard does not exist. So how do you get to
the club house. That was the reason far the agreement ar the request far the agreement.
Carrie: Gary you said there was na signed agreement?
Meridian City Council
Duly 1 a,1 ~~~
Page l1
Smith: I have not seen a signed agreement between the lessee of the gaff course and
Brighton Corporation as to when things were going to be done.
Marrow Mr. Mayor, with respect to this Ashford Baulevard, essentially the common sense
thing is the club house can't be built until after Ashford Boulevard is put in. So it appears
to me that and 1 don't really know and l am not familiar with what the need would be for
agreement with Mr. Lavan given what we did tonight in terms of giving a revisionary clause
or side agreement to Mr. Turnbull concerning the fact that we would have the golf course
and would be maintained at a certain standard over a ten year period. It seems to me like
how we solve this is to get out the catch ~~ or constant circle is we simply request for Mr.
Turnbull a letter committing to build Ashford Baulevard through phase 1 and ~ as he has
indicated he is willing to do. He has indicated he is willing to build the street but if we are
not going to release the deal until, it seems like it is fair to ask to have a letter from him
stating the same thing that we have committed to as a City.
Bentley: Does that mean we get the attorney to draw up some more findings (inaudible)
Morrow: No
Smith: I guess I don't follow what we have committed to as a City.
Marrow: Well we committed earlier tonight to a revision to a side agreement for revisionary
position in terms of ten years of constructing the golf course. He wanted the assurance
from the City that we were in fact going to construct the golf course. So we committed to
that. What I am suggesting to you is that we want a commitment from him that he is in fact
going tv construct the road within a one year period of time or whatever it might be. He has
indicated that he is ready to start construction in the very near term, obviously from Mr.
Lovan's standpoint my suspicion is his position is I can't commit to a club house until I
have a road to get to it from it. It is kind of a fair position I think.
Smith: I think the intent of my letter in 1995 that they come to same kind of an agreement
that they are going to da certain things by a certain time.
Morrow: At this point how does that affect Mr. Lavan?
Smith: It was my understanding that he was committing to da, committing to build a new
club house on the basis of the completion of the number of the second nine hales. Naw
I don't know what the terms of that agreement are, if they are written if it is verbal.
Morrow No, there is nothing that I am aware of that is in writing. The premise has always
been and I understand it verbally that yes he has committed to building a club house but
Meridian City Council
J u I y 10,1995
Page 7~
once the secand nine is in and operational and once he has a road to get to his site.
Smith:1111e11 Iguess that wasn't the way I understood it because ! wrote that letter. I don't
think the tone of that letter reflects that concept. It was my understanding that these two
things have to happen together or if one happened the other one needed to happen close
by.
Morrow: Gbviausly from one direction that is true, you can't build a club house without a
road to get to it. I am not aware of any written agreements that exist anywhere other than
verbal positions are that you have to have a road to get to there. You have to have the
secand nine up and operational.
Carrie: Sa can't you work backwards inaudible}Ashford Boulevard has to be done by that
time. Again you sti11 haven't any guarantee that the clubhouse is going to be built then
either but at least you have the road to it sa you can build it. You have to have the
agreement I think that is what Gary is saying.
Morrow: His agreement, what I am suggesting is that we get the commitment from Ashford
or David Turnbull that he is going to build the road within that time frame he is suggesting
he is going to do that. Then all of a sudden we as a committee go to Mr. Lovan and the
road is July 1st let's see the plan start on the club house. I don't know Gary, from my
perspective the agreement from Mr. Lovan and Mr. Turnbull does anything in particular.
I think what we really want is the road there. From the standpoint of the developer of the
golf course it would be nice to have the entire road there to begin with. If they are going
to build Ashford Greens No. 2 prior to No. 1 they have to build through 1 to get to 2.
inaudible} gets them to the site.
Smith: They would build number 1 frst that would be part of Ashford Boulevard would built
with number 1 subdivision.
Morrow: Are they asking to build number 1 is that the paint
Smith: They are asking far me to release their development plans which I have had far
some time approved and I have been waiting for this agreement. Which I asked far in that
letter after talking to Mayor Kingsford at that time that was a condition that he wanted
attached to Ashford Greens No.1 sa I attached that condition to it. I never received that
agreement so I haven't released those plans. Of course they want to build No. 1
subdivision and they are hammering an me to get those plans. I keep saying well haw
about the agreement. Their return comment is we are going to be building No. 2
subdivision in short order and Ashford Boulevard is going to be part of Na. ~ subdivision
and the thing is going to beta the club house site as part of the no. ~ subdivision.
Meridian City Council
duly ~ o, ~ 99~
Page 73
Marrow: Sa why don't they just give is us a letter in writing and give us a date when that
is going to be done.
Crookston: (Inaudible) a bond to do the road.
Smith: I can request anything that you would like meta request, I am just trying to have
them live up to what the original conditions of approval were. dealing with Brighton it is
getting harder and harder to get them to live up to what they said they were going to do.
~lUe are still battling to get a deed far the gaff course property.
Crookston: (Inaudible)
Smith: I can da whatever you like.
Morrow: I think we need, the key to the whole program here is getting the road in. I think
where we are here, we gave them something tonight in terms of commitment on our part
!would like to see something came from them in terms of commitment on the road. From
my perspective as a member of the golf course committee l want to see the road to the site
and then my next question to Mr. Lavan is okay, let's see the plans ar let's begetting after
it. Let's do whatever we are going to do with the club house.
Rountree: (Inaudible)
Crookston: The problem with the bond is that it doesn't get the road built it puts the funds
there but if they still don't do it then we have the problem of going after the bond company
to get it done which is very difficult.
Corrie: And time consuming too,
Morrow: Yes that can be (inaudible)
Carrie: I have a suspicion that we need to get something in writing on this road and 1 think
that is what inaudible} l have some awfully uneasy feelings about this whole thing. But
if want to have them give us a letter that the road will be in by a certain time hopefully by
the time we get the back nine in that is where it will be and if he doesn't agree to that then
back to square one.
Crookston: There should be dates.
Corrie: That is what I am saying.
Meridian City Council
July 19, ~ 99fi
Page 74
Crookston: Not when such and such is lane.
Corrie: what I am saying is we need to go back and say by I don't know when will it be
done?
Morrow: we will be ready for seeding by f rst of ~ctaber somewhere in there. ~bviausly
it is my understanding that those things aren't playable for a year.
Corrie: (Inaudible) be constructed by that time and done. (Inaudible) because he can
write a letter but there is no (inaudible)>
Rountree: I guess my question is was what you are talking about in your letter actually an
original condition or was that just something that the previous Mayor pulled out of his hat
and said we were going to inaudible}.
Bentley: If it is not a condition then we just stop (inaudible)
Rountree: I think if it is an actual condition of the plat then hold up on the plans.
Corrie: That is what my question was, was that signed agreement actually a signed
agreement.
Smith: Na, there never has been an agreement.
Corrie: An agreement between Kingsford and David Turnbull that they do that but it was
never done. Now what is to say it wasn't done inaudible} so we have no leverage there
either inaudible} ~ctaber 1991 and if yvu don't what?
Morrow: well that is a gaol paint, if you don't what is your hall,
Talsma: The same thing that you gvt Leavitt New Pacific the first time.
Marrow At this paint finding out this information we can't tie it to the approval of phase 1
or phase 2 because those things have already been done. I guess could you tie it to or
simply state that there is na further approvals of future phases until it was lane. ~f course
if the market was bad what would he care.
Crookston: I think the other thing that right now that you need to be concerned with is you
want to get the deed to the golf course so that you can get the gaff course constructed and
the ability to get it constructed anyway and then deal with this problem with Ashford
Boulevard.
Meridian City Council
July 10, ~ 995
Page ?5
Marrow 1 agree ~ 00°/~ I think that the approach is that we are not gaing to da anything with
Ashford Boulevard or those plans until we have deed in hand. That is an extra incentive
that in terms of having it lane by the 15th. And then once we have deed in hand then we
discuss one agreement is a fair return far the other agreement. We gave him a ten year
guarantee with revision they need #a give us a guarantee an the road. Does that help?
Smith; Yes thank you.
Rountree: (Inaudible}
Smith: Thank you, I received a fax today from Scott Edens at Albertsan's concerning
extension of sewer and water lines across their property to Lovan's property. His
background I guess he is an attorney but l am not sure, he writes, we have issued three
stop work orders on him out there for various reasons and of course they have taken
exception to that. Nevertheless they have agreed to build an inch and a half water line to
Lavan's property where they said they were going to to originally build it. They have
agreed to extend ar Scott Eden's has agreed to extend a four inch service line from the
end of their six inch line to Lavan's property. They have transmitted to me and l have
transmitted those to Wayne some costs to pay far thane extensions and l suggested to
Wayne that they be transmitted to Lovan sa he knows what Afbertsons is saying they are
gaing to pay. I think that wally Lovan has indicated that he would pay the cost of those
although he wasn't aware of what the costs were going to be at the time he said that. It
would be my feeling that v~ lift the stop work order an the construction of the fire hydrant
off of Cherry Lane Road with the agreement that they will build the inch and a half line to
Wally Lovan which is the size of pipe that he wanted at Mr. Lavan's cost, about $4809 for
200 feet of I i ne.
Crookston: What about the sewer's
Smith: The sewer line is another issue, first issue that l have with it is that Albertson's is
suggesting and the letter response that I sent to Wayne on Mr. Mollerup's fetter, Mollerup
is an attorney representing same faction of Albertson's. Qne of my concerns is that
Afbertsan's wanted the City to have an easement aver that six inch line and be responsible
far it. By our ordinance it is my opinion that six inch line is a service fine and we don't take
responsibility for service lines. if Albertsan's had just concurred with our request in the
beginning to construct an eight inch line from Ten Mile Raad to their future pad site none
of this would be necessary. However here we are. It is part my fault because when we had
that meeting it should have been a very matter of fact thing.
Morrow: What does that mean's
Meridian City Council
July ~ 6, ~ 996
Page ? ~
let us know of any changes.
Carrie: Does that meet with the approval of the Caunci I?
Marrow: I don't have any problems with that.
(Inaudible)
Corrie: Anything else, !have one thing on the Fire Department, there is a mutual aid
agreement between the Bureau of Land Management Department of Idaho Lands, Boise
Fire Department, Eagle Fire District, Kuna Fire District, Meridian City and Rurai Fire
District, North Ada County Fire and Rescue District, Star Fire District and Whitney Fire
District, What this is, if they have a land fire let's say in ground by Kuna and Kung is
already on another fire this gives them the opportunity to call the one closest to the fire
without having to go through Kuna to Meridian. It is just a mutual aid agreement it is pretty
standard. It has been signed by the Rural Fire Commissioner President. All it does is cut
out a little bit of middle man there.
Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the City Clerk
to attest the mutual aid agreement with BLM.
Rountree: Second
Corrie: Motion made and seconded, any discussion? All those in favor? Opposed
MOTION CARRIED: A11 Yea
Corrie: That is all I have.
Berg: You have one thing is ACRD meeting time far our next workshop. We had mentioned
some time maybe end of July or beginning of August. They are working on budgets as well
as we are, I just need to tell Alice a time frame. They have a couple of people that are
going an vacation and so it looks like maybe the first week of August or the second week
of August area.
Morrow: Let me ask you this are you sure it makes sense for us to even meet them in July
and August and maybe does it make sense to do it in September because they have
tremendous budget loads
Berg: Alice and !talked about that and the only question is if you had same arguments or
concerns to where they should budget same of their money.
ti4
Meridian City Council
July 15,1995
Page 7~
~.,
Morrow: well they should budget it all here, can we mail that into to them'
Berg: Sign the letter and I will mail it into them. That was the only concern, if there isn't
any then we can just push off. She just
Morraw: l don't have a strong emotion about i# one way ar another, I think we made our
feelings felt and they seem to be pretty well set an what I have seen on this proposed
budget far next year, they are pretty well set an a path already. I don't know that we are
going to impact that a lat.
Berg: I am just throwing it out on the table, you can step on it or hand it back to me. I will
inquire back to her and ask if after Septemberwould be okay with them.
Rountree: September I think would be the soonest I would think would be even necessary.
Berg; The middle of September.
Corrie: Anything else? I will entertain a motion to adjourn.
Rountree: So moved
Tolsma: Second
Corrie: All those in favor'? Opposed
MOTION CARRIED: All Yea
MEETINOADJOURNED AT 11:55 P.M.
(TAPE ON FILE FOR THESE PROCEEDINGS)
APPROVED:
ERT D. CORRIE, MAYOR
Meridian C ity ~ounci I
July ~ x,1995
Page l3
ATTEST:
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i MERIDIAN CITY COUNCIL i
AGENDA
TUESDAY, JULY 16~, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
1. TABLED MAY 7, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW
FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION
BY BRIGHTON CORPORATION:
~tG~ GGf-~~~ ~~~ Gz f f ~~ f12 f~ .
2. FINAL PLAT: HUMMING BIRD SUBDIVISION BY GARY & CYNTHIA BIRD:
3. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
CHILD CARE CENTER BY JERRY COBLER: G~~~rr~ tie ~1~~ ~ ~~G-
~z/~ ~r7v~ c~~~ ~ ~ ~ ~(,~ ~
4. PUBLIC HE~RING: REQUEST FOR ANNEXATION AND ZONING TO GG Y
LAMONT KOUBA AND RICH/~RD JOHNSON: ~=~/a%'P~~ ~l~ ~ ~~L
w. ~i~ a v~.ena'~,.e~.~r cr~ ~~t~~H e/ f~ ~re~~vare a-1G~ihah ev
5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
RECREATIONAL AUTOMOTII~E USE BY LAMONT KOUBA AND
RICHARD JOHNSON: ~nfjh,c~ /~%c~/~r~r,~te ,~~jusf ~~ ~i~,
O
6. PUBLIC HEARING: REQUEST FOR VARIANCE ON FRONT SETBACK BY
CAMERON CORDOVA: ~~~~~c,~'fi~~-h~ Arena-,,e_ -~~,~' ~e%
7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G
BY JAMES ~ DONNA HASKIN AND MAYME ELLEN GREEN:
~cpprov~ elf' ~~~L a prov.~ ~eco~hte~~afi~,., c~~ c~-tt~rneJ ~ ~~~~~
8. REQUEST FOR A CONDITIONAL USE PERMIT FOR RETAIL SALE OF dYdthan`~
ALCOHOL BY DWAYNE.WINN_
~Ce~~.y r-e~u e~~
9. REQUEST FOR ANON-DEVELOPMENT FOR INTERSTATE CENTER:
Mlle ~t~ 7 ~~ ~r--t ~ ~ ~yc~~'
10. CONCERNS REGARDING FENCE VARIANCE FOR LOT 13 AND 14
BLOCK 2 OF HAVEN COVE SI~BDIVISION:
hea~.~C Ca7n ~e~v~.s
11. REQUEST FOR HOOKUP TO CITY SEWER FOR WILLIAM VAUGHN
BY MAX BOESIGER:
12. DEED FOR GOLF COURSE PROPERTY:
13. AWARD BID FOR GOLF COURSE CONSTRUCTION:
14. DEPARTMENT REPORTS:
A. GARY SMITH, CITY ENGINEER:
1. SANITARY SEWER EASEMENT FOR THOMAS: ct~D~~ov~e-
2. RECISION AGREEMENT FOR PECK: a~,prod~
1~C~xvE~
JUL 1 6 1995
(may OF AiER8D3ATd
Sri Y ur in~xwiai~
PUBI _.: MEETING SIGN-IJ~ SHEET
~~r~~~ CITY OF MERIDIAI`T
,lUl 1 6 4s~S PUBLIC MEETING SIGN-UY SHEET
c~°tr o~ a~~e~~~n~a --1~~~h r~ 2 l6 -qh
NAMF ~ ~ PHONE
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~~~ t rr 'fvi~ e.,~ ~~tb-'33o
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MERIDIAN CITY COUNCIL MEETING: Jul 'I fi 199fi
APPLICANT: ITEM NUMBER; t4
REQUEST:
REPORTS
~~/c~a~r~- r ~ ~~~ -R°~~e t~~~~e~~ ~~,~~e~~~ t
~~- /~~c~cw C~~r~ -~~ ~has~ #2
AGENCY COMMENTS
CITY CLERK: ~.~~.j~/ ~eG'~~0!/C ~diZGc~~~7~ CG~ d ~'C G!!~l/J GI t~D``hL!' ~/' 6Zp~Y0!/~ .
CITY ENGINEER: (SCL~n~ 7~f l~t~te GC,f ~f2 l1/d~.f Q~~`2C dYiehtS>
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT;
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS;
BUREAU OF RECLAMATION:
t,~~l ~Pp
OTHER:
All Materials presented a# public meetings shall become property of the City of Meridian.
a
f
+fJ .' ~.
S
RELEASE ~F
NON-DEVELGPMENT AGREEMENT
The non~develap~nent agreement entered into by and between Ir~terwest ~e~eiopmeut Iac., whose
address is 335o Americana Terrace Sure IQQ, .Boise, Idaho, 837ob, and the ~'ity of ~eridiacn, a
municipality of the State of Idaho, acting by and through its Council Members, as filled fox record
in the office of the Ada County Recorder as instrument No. _ - ,_.,_.....__ , on the
day of , 199 is hereby released and revoked, the provisions thereof are no
larger binding on the parties thereto, and the time for development of Haven Cove No, 5, Phase 2
construction as required as required by the Ordinances of the City of Meridian, shall commence
on the day of July,1996.
Qwner,
A. Leon Blaser, President
City of Meridian,
Robert D. Cowie, Mayor
Attested:
ACKNGwLEUGMENT
William G. Berg, City Clerk
State of Idaho }
} ss
County of Ada }
~n this ~_ day of July, 1996, before m.e, the undersigned Notary Public in and for
said State, personally appeared A. Leon Blaser, known to me to be the President, of Interwest
Development Inc,, and acknowledged to me that he executed the above instrument far and on
behalf of said Corporation, and acknowledged to me that said Corporation executed the same.
IN ~ITNESS wHERE~F, l have hereunto set my hand and affixed my official seal, the day anal
year ~. this certificate first above written.
No ary Pu lic fdr t'he S to of I
Re iding ' Boise, Idah .
My Commission Expires: f
ACKN~wLEDGMENT
State of Idaho )
} ss
County of Ada ~
0n this day of July, 199, before me, the undersigned, a Notary Public in and
for said State, personally appeared Robert D, Corrie and ~illia~n G. Berg, known or identified to
me to be the Mayor and City Clexk of the City of Meridian,, and the persons who executed this
instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian
executed the sane.
IN ~ITNESS VLrHERE~F, I have hereunto set my hand and affixed my official seal, the day and
year ~.n this certificate first above written.
Notary Public for the State of Idaho.
Residing in ,Idaho.
My Commission Expires:
c:12~avenlre~nodev, doc
Brighton
~Q~~`Rtir4n
ruly Z 6, X996
Mr. Walt Morrow
City of Meridian ~ J ,~ ~ ~ ~y ~~~~
PO Box 770 ~~ ~~~~~
Meridian, ID 83680
Vfa Facsixp~,le; 8$7-4813
1tE: Ashford Greens - Exteasion of Rand to New Clubhouse Area
~eax Walt:
As we discussed, Brighton Corparataon has pre~rivusl comnvitted to e
Y form r Mayor ~tngsford to
complete the road extension tQ the ~aevv clubhouse area of the Ch Lane Go '
erry if Course with
canstru~iion of Ashford Greens Na, 2. The construction of Ashford Greens No, ~ '
road half wa in and the c ill take the
Y onstructiau of Ash~Ord Greens No. 2 vv~ill complete the cxtens~on,
Xt was originally our hope to have Ashford Greens No. 2 a roved earlier "
construction soul pp m the year so that the
d be completed this fall, but Since the approval process took $ months ~t seem
uu~ikely at this port that we can a~ccom fish that un#ess we s
p can get expedited approval of vur
construesion plans by the City Engineer. w'e ant~Gipate sub ' " the constructs
Au st, W .. ~ on playas to
gu a vvtll d~lagently pursue cons~ruc~oo~ as soon as we have a naval t4 raced
Meridsan Ci and antics pP p from
tY pate a complctaan date of Spnng 1997 if we are not abbe to coin fete i '
Fall. p t thas
'tau have my c~ttmuitment. By the same token, our Ashford Greens No.
~ plat wb~ch was
approved a year a~ad a half ago is still held up far oonstrucfi~on b Ga b
that Z need to Bch an ~ Y rY ecause of has contenuan
aunt with Wally ~oveu. As x rscussed and agreed with NZa ox
~ingsfard, and subsequ~tly discussed with ou X should y
Y '
not a required to negotiate with the
lessee of Meridian City, I would appreciate the ~cdiate schedulin '
g of a pre~canstruot~on
meeting fOr Ashford Greets No, l based on the fact that at was revao
Council in Jams p usly approved by the CNty
any 1995 and also based on my comrrutment as outlined above. VVe m
construction now sn order to be v ust beg~ta
pa ed before ~V~nter. Z am sure you can appreciate the vi a f
this request and 1 appreciate your ass~sta~ace in th ~ ty
e matter.
Si~acerely, '
~~~
Aavid W. Turnbull
DWTIhs
12424 '~'. Exploarer Dave, Suite 220 •
Boise, Idaho 83713 TF~.2~8-37g-40p0 •
FAX ~OV~~/ J -~/~~
JUL 16 '96 1?~19 12083??8962 PAGE.02
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MERIDIAN CITY COUNCIL MEETING:
%~~ l6, l 1y6
APPLICANT: AGENDA ITEM NUMBER.
REQUEST:~QGn-~~W`.2-"~ ~`x~°r'~5
~'v~oa~2 of men-dev~Pop~eht /~q~eemev~t
Zvi. ~ed~a-~ d 1~/ace ~+,6 ~.'Ni~%~ Pf~ate Z
AGENC
COMMENTS
CITY CLERK: ~.~ICd~L C~~~r't~1~~' C'~~<LF,~~'~~ GLp~-- G~~~ G~ tL~,~-fi~UJ ~1'
J
CITY ENGINEER: G~~~>'t~t~'u.~ ~~Gt'`i-Le ~' y~-/n~-~ ~J" ~r~~,~~rtJ
CITY PLANNING DIRECTOR: ~'~ ~~~~ ~~~
CITY ATTORNEY: ~ /~
CITY POLICE DEPT: n-
7~T t. ~~-~1?i-o (tee ~ie.~vtS'
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDfAN P05T OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL D15TRlCT HEALTH:
NAMPA MERIDfAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
Y ~~~,(
~~'~.sf ~~%-~'~' ~ err/~/ " (~I'fl
Leh c~h J
free t l~ f ~ f~"
f~~~ ~,~,~n Js
J
OTHER:
duly ~ 6,1996
~". V~alt Morrow
City of Mendia,o,
FO Box ??0
Meridian, ~] 83680
Via Facsimile: 88?-4813
RE. Bedford Place - Release of Non-bevel meet .
op Agreement
Ashford Greens Variance
Dear'~alt;
As we discussed regarding tonight's City Council Me '
. ~•
] . Wiu told us he is going tQ bring before the Ca c,
.. , u~ d the release of the Bedford Flare
Subd~v~s~on Non-Development Agx~,t, We hav '
. e delivered the bonding to ~V'ill and
ev~r~g should be ~ place. Y would ap reciate fO
2. The ~ anal release of the Agreement.
Ashford greens Varia~ace Request for " ' the Savor .
. ~$ d aid F~gbt-M~le Z.atearals was
tabled to ]uly 16 penda~g a t~k force to sq~ Nam a
.. dY p NZendxan lmgst~on D~st~ct s 1tC~eS
. and the Menda~an Czty Orduaapce r ditch .. po
~ Eng. Snare thst task force has riot been
e~cmvened, Z suppose we should tabte die Variance R nest
eq again.
z
am sorry that I will not be at tonight's m ~ but er our
~ ~S p Conversation I believe we have covered
of the items of business that concenq Bri ton. z
~ thank you for your help.
Sincerely,
F ~~/~
David 1~, Turnbull
DWT`~hs .
12426 W; ExFlorer Drive, State 220 • .
Bose, Idaho 83713 ~ TEL 20&378
. ~QO FAQ 208-377-8962
JUL 16 ' 96 ~.? ~ 20 ~ 12083?'78962 PAGE. 03
Meridian City Council
March 5, 1996
Page 40
Morrow: Mr. Mayor I would move that we offer endorsement of the lot s lit as er the
p p
configuration and that lot split occur with the County and then a lication be made b the
pP Y
parties for the normal subdivision annexation and zoning process with the ~Cit of Meridian.
Y
Bentley: Second
Cowie: Motion made by Mr. Marrow, second b Mr. Beetle ou heard the mot'
Y y, y ton any
further discussion? Hearing Wane I will call for the vote all those in favor sa a e~
r yy.
apposed?
MOTION CARRIED: All Yea
Sweet: Mr. Mayor, members of the Council and Staff thank you very much.
ITEM #10: RELEASE OF NON-DEVELOPMENT AGREEMENT ON BEDFORD PLACE:
Cowie: You have that release of the non-development agreement in front of you Council,
what is your pleasure? Any discussion?
Marrow: I would like, this would be the first release that we have done in m time on
y the
Council. I would like to have counselor take us throu h this rocess or at least take
g p me
through this process.
Cowie: Counselor would you take us all through this process?
Crookston: I have not looked at this application this evenin
ga
Smith: Mr. Mayor and Council members, ma be I could hel .Since the letter
Y . p wrote the
letter to me and I have had some discussions with him vn the I uess it is the '
g third or
fourth page of the packet you have, title non-develo ment a regiment at the
. p g top of the
page, fifth paragraph from the tap of the page. Starts in ca ital letters develo er I thin
p p k
we read through that paragraph pretty well spells out what the develo er is re uired to do
p q
as part of this non-development agreement. uThe develo er hereb a reel that no
P Y 9
improvements will be installed in said subdivision lat5 as re uired b the Cit without the
. ~ sa q Y Y
prior written perm~ss~on of the City. That ~s what he is re uestin . ulf develo er desires
q 9 p
to install any of the said improvements far said lots then said develo er shall submit
p a
written request to the City which shall contain a detailed descri tion of the limited
p
~mp~ovements which are desired and estimated time-and cyst of such im rovements. The
. p
City reserves the right to require an irrevocable letter of credit or cash de osit or sure
p tY
agreements in the amount sufficient to secure the full and ode uate erformance of the
q p
developer. Upon such stated improvements and detailed construction fans such curet
p Y
Meridian City Council
March 5, ~ 995
Page ~4~ ~ .
deposits will figured at the prevailing construction cost as determined by the Cit . He has
. Y
submitted along with his letter a copy of on the third page a copy of the improvements that
he would make vn those fats that were part of the non-development a reement. It would
g
be my recommendation as City Engineer that he does submit a letter of credit for the
installation of those improvements.
Corrie: Or a cash deposit.
Smith: Anything that is liquid to the point other than a surety band. l think that is
inaudible} what he is requesting. l will refer to Wayne to add anythin to that.
9
Crookston: I don't have this packet.
Rountree: Gary, I guess for my own understanding this is an agreement with the developer
(inaudible) .
Smith: Yes
Rountree: And (inaudible) than the City wants some assurance that it is going to get done.
Smith: Yes, initially the developer submitted a plat for a certain number of lots which would
include the improvement thereof. That plat was approved b the Ci Council that lot was
Y tY p
recorded at the Ada county Recarders~4ffice. Then he came back with a re uest for a
q
non-development agreement because he decided he didn't want to deveio afi of that lat.
. p p
At that time the Cauncif said alright, we will agree to anon-devely ment a reement for a
. p 9
certain portion of this plat. So, In effect they drew a fine through the lot and fi urativel
p 9 Y
built a fence along those lot lines and said ever~rthin north of this iine we are ain to
9 g 9
develop and improve streets, sewer, water, street li hts, etc..and sell these cots, South of
g
this fence is part ~of this non-development agreement. when we decide we want to develo
. ,. p
these lots we wiii abide by the cond~t~ons of this non~devela meat a ~ reement. Tha# is what
. p g
he ~s submitting ~n this packet. They naw.want to' build those im rovements so the can
p Y
self those lots. Tire following, the second paragraph below that one that we read sa s that
Y
he agrees not to ~sefl the abvve~referenced lots in the subdivision Burin the term of the
9
agreement or until a new frrevacable letter of credit yr cash deposit surety has been issued
and delivered to the City or until the required improvements of such sui~divisian are
completed in accordance with the current city standards and specifications.
Morrow: Gary, question, an his paragraph three hers su estin that we leave the non-
g9 g
development agreement in place while we instruct these im rovements and release it near
p
the end of the construction. we will bond any items not cam leted at that time. So m
. p Y
question here is that he is basfcaily asking for either or. He is asking for a total release of
t
Meridian City Council
March 5, 1996
Page 42
the non-develapment agreement or if the Council is mare comfortable leaving the non-
development agreement in place until those impravements are done. l guess my question
to you would be is under the one we are asking far a bond or letter of credit and under the
other is he suggesting that there is no bond or letter of credit done up franc. He .is stating
he will band any items not completed at the time and I am assuming that means that at
same point he wants to bring the non~development agreement off before he has completed
his construction of impravements.
Smith: Yes, that is what he is asking.
Morrow: The issue is that he cannot sell lots until this non~development agreement is
totally terminated, nor can he sell lots until the final plat is signed oft with the
improvements in and being inspected, is that correct?
Smith: He can sell lots right now because the final plat has been recorded. He can legally
sell a lot. They can't get a building permit far the Iot until they have at the very minimum
a gravel road access in firont of the lot. So that the emergency vehicles can access the lot.
Morrow: So on this phase of the final plat has been recorded by the inspections have not
been made.
Smith: well the final plat has been recorded, there have been no inspections an the
second phase because #here is nothing there built.
Morrow: I understand that.
Smith: But the first phase everything was inspected, the hard surface is dawn, lots are
sold, the buildings are up and people are living out there. ,
Morrow: what I am after here is the City's safest way tv ensure that ,all of the development,
all of the work is actually done is to bend for the completion of that work and not stay in
the develapment arnon-development ag~eerinent far a certain period of time and then bond
far the completion. I guess I am asking you opinion here. It appears to me that is the
safest way to do this.
Smith: Yes, in my opinion tha# is the safest way to do this.
Crookston: ~ He really couldn't, technically he cannot sell lots because the non-
developmentagreement says that he will not sell lots.
Srnith: That is correct, he is still bound by the conditions of the non-development
Meridian City Council
March 5, 1996
Page 43
agreement even if he is allowed tv go into the undeveloped portion and make the
improvements he cannot sell a lot until Council rescinds the non-development agreement.
Sa ~l guess technically what he is asking for is allowable, could allow him to on the one
hand to make his improvements but with the understandin the non-develo ment
g p
agreement still exists and he can't.sell any lots until all of the improvements are in or he
comes back to the Council d says I have gat ~'I 25,oo0 of the $~ 55,00 improvernents~
and I would tike ~ you to terminate the non-development agreement and here is a letter of
credit for $~5,00a tv ensure that I am going to finish what we have started. Gbvivusiy his
request is to relieve him of the financial responsibility tv provide that larger cash or letter
of credit. That is the only reason he is asking that question. Like Wayne said part of the
non-development agreement says he can't sell any lots, unless his development
agreement is rescinded by the Council. That means we put a tag on the file folder in the
building department and na building pemnits are issued. I sus ect that to is alread there.
P 9 Y
Morrow: Sa what it boils down,ta is we have got two avenues to go here. The one is the
first two paragraphs which is termination of the development agreement or non-
developmentagreement, permission to proceed with development or the undevelaped lots
in that case we request the surety agreement yr the letter of credit in the amount of
$15,911 or we leave the non-development agreement in place and at some aint in the
p
future he comes before us and requests it to be terminated and then bonds far the balance
of work that has to be completed.
Smith: Correct, in that. paragraph that we~ read I might state that the Cit reserves the ri ht
. .. y ~
tv require the irrevocable letter of .credit, ~t doesn't say it has to require. Sa you could
allow him to, he has asked to make the improvements you could allow him to make the
improvements without an irrevocable letter of credit without releasing the non-develo ment
P
agreement, it would be, in my opinion it would not be in violation of the non-development
agreement terms. We just have a propensity to ensure that, the impravernents are done,
I think that is why that language was instaEled in that ara ra h. Without rescindin the
p g p g
non-developrent agreement he can't sell any lots, And the Gity Council should not
rescind~the non-development agreement unless, until his improvements are complete and
accepted or he furnishes a letter of credit to cover the cast of those improvements.
Carrie: Gary, I was ,going to ask ~on this inaudible} f don't see anythin about the streets
. . g
~~naud~ble~ ~s that hidden in there~samewhere~
Smith: The Highway District has anon-development agreement for the streets sa he would
----= have to ga through inaudible} ~ - .
.Crookston: Gary, my question is in the fourth paragraph there it says the end of the second
line, uat the same time you are adding services far the seven Ivts which have been iven
g
- ~
Meridian City Council
March 5, ~ 99B
Page 44
preliminary approval by the Council we will fallow u with the final fat and recardin
P P g
process of these seven lots so that they can be offered for sale after the fat has been
. P
recorded. Can he do ~mpravements for Iots that have not been final fated? I assume
p
cant.
Smith: Ullell, it is a technicality Wayne because technicall the are not
. y y supposed to do
any improvements until the f~na! plat has been approved. But he is buildin a street and
. ~ 9
he is makEng ~mpravements to Iots on the north side of the street for sewer
and water
services. He has a plat in the process for approval that subdividin the existin comma
9 g n
area lot on the south side of the street. It just seemed a ro riate tv me that while he is
. . PP P
buiidmg this sewer and water sine he stubbed to the south to these rv ased Ivts. I a
. p p g ve
him the approval to go ahead with the understandin that he was an his own. I ut t '
9 p hat in
the fvrrn of a letter that it was his risk to make those im rvvements. That there w
p as no
guarantee that the Council was going to approve of those Tots as he has ra ased. He
PP
understands that.
Crookston: Are any of these Tots on, I don't know what has ha erred out th
pp ere, but are
any of these Iots in the area that where he is gain to i e the Finch Lateral and has th
g P P at
been done yet?
Smith: Yes they are in the area he is gain to i e the Finch Lateral an '
9 P P d l don t know
whether it has been piped or not. The Finch Lateral will run alon the front
g of these Iots.
Crookston: I would think that the City needs to be concerned that i in
p p g be completed
around or where any of these Iots are. Any of the land that is now the ex~Finch i
ateral I
think the City needs to be assured that is done and taken care of. The o
then thEng that
was, this is the area where he was supposed to have a basketball caurk?
Smith: Well that basketball court is tv the east side it is the easterl '
y piece of this common
area this area that he is platting with .the ?lots is the the west side of the ' ' '
subd~vis~on.
There is a north south road that kind of bisects the ro ert .These sees
p p y n lots are on the
west side of that road.
Crookston: As I recall there was 'a question as to how much of the bask
etball court he had
put in and I don't recall if that was ever decided. Whether it was oin to be a f
g g uti court
or half court or dust a basket there.
--' Smith: I know you brought that question up several times and I don't kn
ow that there was
ever an answer. I don't know exactly where this piece of subdivision is for these seven
lots, I can't recall at what stage of the process.
(_l
Meridian City Council
March 5,1996 .
Page 45
Morrow: I# seems to me like given that, these kinds of uestians the best solution her
q e far
us as a City ~s one of two, not act ors this or the second one is we leave the n -
on
development agreement in place and allow them to a ahead and u '
9 p t ~n their
_ improvements and at such a point in time that the are dune with the ~ im rav .
Y p ements and
everything is satisfactory then we release the non-develo meet a reement. ~r if i '
p 9 t ~ s the
Council s desire and they appear here earl and the want to bond for f n '
. .. Y . Y. al completion of
things than we~ make that decision at that p~~r~t ~n time. But I think what bo
. th you and
1Nayne are felling me is that there are same other ra areas here that are a
. g Y . ffected. It
seems to me that given that you want to have the non-develo meet a reement in lace
p 9 p .
. That has the incentive of finishing prior to the sellin of fats. Because ou can't
g y because
of the non-development agreement you can't sell a lot while the non-develo
pment
agreement is in place. .
Smith: That is correct, ~ 1 think the issue with the resubdivision of the comma
n area Tots is
a separate. The seven service lines that he wants to install are bein done as a matter of
.. 9
convenience. The p~prng of the Finch Literal that is park of the both subdivisions reall .
. Y
The number 1 subd~vis~on and the re-subdNision. The location of the ditch is differ
ent, but
he will have to accomplish that piping as art of the im rovements for th
P p e number ~
subdivision or the re-subdivision. !f you heave the non-develo meet a reement in
p g place
and allow him to proceed with his imprvvr~nents on the number 1 subdivision I a re '
g e with
you he doesn't sell any lots unless he caress fon~rard at some vint in the future and s
p ays
! want tv bond for what I have left tv da.
Morrow: Mr. Mayor, I think I am prepared to move that we leave the non-development
agreement in place and allow Brighton Corporation to proceed with their construction of
improvements and at the time those improvements are completed they can come before
the Council and request on the removal s~f the non-development agreement.
Toisma: Second
Currie: Motion made b Mr.. Morrow se ~ ~ '
y coed by Mr. Tolsma, you have heard the motion,
discussion. l guess 111~a1t at that time we can re airs the cash securit
~ y.
Morrow: Well point of discussion, if he comes in and those things are complete there is no
requirement for a bond. If he comes in arad he is 90% complete and wants to proceed to
sell than we require a bond for 110% or 105% of the balance of the improvements that
need to be done, per the agreement. ~,
Carrie; okay, all. those in favor of the Motion sa a e? '~
Y Y ~ppased.
MERIDIAN CITY CDUNClL MEETING: MARCH 5 ~ 99fi
APPLICANT: ~ ITEM NUMBER; ~
REQUEST; RELEASE OF NONwDEVELOPMENTACREEMENT FOR BEDFORD PLACE SUBDIVISION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: `~ j
CITY PLANNING DIRECTOR: ~ iv"~
'~~ ~ ~,~,
CITY ATTORNEY: QL ~ ~~V'~
`` 111
CITY POLICE DEPT: '~~ I
1r~ ~~~ I,l1I~ ~ ~
CITY FIRE DEPT: '~ ~ v ~~~ ~ ,,{~;"
CITY BUILDING DEPT: ~ ~~'L~ n~f T v
~ l~
MERIDIAN SCHOOL DISTRICT: ~~' G
G~l~
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMIl't'EE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
r
BYZgIZtO1Z
Carparation
February 9,1996
Mr. Gary Smith
City Engineer
Meridian City
Meridian, ID 83642
RE: Release of Nondevelopment Agreement on Bedford Place Subdivision
Dear Gary:
Per the nondevelopment agreement executed between Brighton Corporation and the City
of Meridian as recorded by Instrument No. 95030566, Records of Ada County, we hereby
request a release and termination of said agreement and permission to proceed with
development of the `~.ndeveloped lots" therein.
Enclosed is a written description of the improvements, together with the cost of each
improvement for a total of $151,91 ~. The estimated time to complete the improvements is
10-12 weeks. Please indicate to me if these costs are acceptable so that I can proceed
with a surety agreementlletter of credit to the city.
Gr, with your permission, I would suggest that we leave the Nondevelopment Agreement
in place while we construct these i~naprovements and release it near the end of
construction. ~e will bond for any items that are not completed at that tinge. This is
standard procedure for developing, constructing, and bondin within a subdivision.
g
As I indicated to you on the phone, we intend to develop these undeveloped lots now.
These lots are included in the recorded plat for Bedford Place. At the same time we are
adding services for the 7 lots which have been given preliminary approval by the council
VLIe will follow up with the final plat approval and recording process of these 7 lots so they
can be offered for sale after the plat has'oeen recorded.
Revised plans will be in your office within .a couple days. I Nape that your review time
will be short as these plans have ahead been throe our review rocess once.
y ~y p
Please advise of anything to be done on our part.
Thank you.
~~~~ ~~~~
4=~ ~ ~ ~f
Sinc re ,,
t
~. ~ ~r ~F fir/ ~ ~[ry~~'~~y`hrk~"~. S S} r K
~~.
Mike Tannea
12426 W. Explorer Drive, Suite 22D Boise, Idaho 53713 TEL 208-378-400 FA.7~ X48-377-8962
BEDFORD PLACE NO. 1
Noy-Development Agreement Lots
Lats 12-26 Block 4; Lots I through 19 Block 5; Lot 1 Black 9; Lot 1 Block 10
39 Lots Bud et
IlVIPRUVEMENTS:
Sewer 34,530
Domestic 'V~ater 38,503
Pressure Irrigation 5,713
Tile Finch Draua 51,140
Landscaping 5,000
Fencing 5,125
_ Street Lights 5,600
TOTAL IlYIPROVEMENTS $1.51,911
z~47 t f`~~iti~~.~• 'r
Jw ~L'~r• t'~ fro->~.ar:
~ E.,:~yc
.ats ~ ~+ ~ 5.- y
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~.
MCNT, made and entered into this day of ~1, 1995, `by anc4 between
Tli~s AGC~LE
N an ldal~o corporation, whose address is tiV 1 re
• ; 7 hereinaf~cr referred to as "DEVELOPER," and the CITY DP
~ itc ~
' a mantel alit of tl~e State of Idaho, acting by and through its Council Members,
MLRID[AN, p Y
hereinafter referred to as "CITY."
~VXTNESSETH:
VELOPER is currently the owner of all real property and subdivision cots contained
WI~ERE~1S, DF
in Ada County, Idaho recorded as instrument
No, _,.,,..,~ records of Ada County, Idaho; and,
desires now tv withhold devclopmcnt of street, utility and lot
WHEREAS, DEVELOPER
' vcmcnts and sale of LOTS 1Z THROUGH Z6, BLOCK 4; LOT5 1 THROUGH ~9,
imprv
5. LOT f BLOCK 9 AIYD LUT ~~, BLOCK Ia in said Subdivision thereafter
BLOCK ,
"Undeveloped Lots"}:
y~ THEREFORE, in consideration of the mutual covenants and agreements contained
ND ,
herein, the parties of this agreement agree as follows:
PER hercb a rces that no improvements will be installed in said Subdivision lots
DEVELO Y g
' b the CITY wi::~out the prier written permission of the CITY. IfDEVELOPER desires
as required y ~
' tall an of the said ir.~provcmants far said lets, then DEVELOPER shall submit a written
to ins y
which shall contain a detailed description of the limited improvements which
request to the CITY
' 'aced tine and cost to complete such improvements. The CITY reserves the
arc desired and cstim
' ire: An irrevocable letter of credit or cash deposit Surety Agreement in amounts
right to rcqu
• full and adc uatc pcrfornnance of DEVELOPER upon such stated
sufficient to secure the q de osits will be figured at the prevailing
improvements and detailed construction plans: Such 5urcty p
cvnstructian casts determined by the CITY.
ein a rces that when developer does desire to develop, the required
DEVELOPER her g
im ravemcnts shall meet tic City Standards and SpeciFications in effect at that time.
P
further a rces not to sell any of the above referenced fats in said Subdivision
DEVELOPER g
• this a recmcnt, ar until a new irrevocable letter of credit or cash deposit Surety
dunng the term of g
' cd and delivered to #hc City, or until the required improvements of said
Agreement has been issu
... cam feted in accordance with then current CITY standards and specifications.
Subdivision arc p
es that this A rccment will be recorded with the~Cvunty Recorder of Ada
DEVELOPER aclcnowledg B
h to rovidc ublic notice to prospective purchasers of the temporary restraint on
County, Ida o, P p ent terminates, the City agrees to release DEVELOPER
conveyancing. At such time as this Agrccm Recorder of Ada County an
from such restraint, and tc duly file and retard with the County
appropriate release.
' erstand and a rte that for the purpose of this
DEVELOPER and,CliY spcci[ically and g thereof had
talus of the undevclo d lots in said Subdivision will be as though plats
Agrcemcnt, the s Pc
' t is not intended and does not affect CITY requirements heretofore
not been f fled, this Agrecmcn .
• PER a.~id obtained by said DEVELOPER, except as expressly agreed
complied with by the DEVELO
tv and captained in this Agrcemcnt. .
' ~ clo r has entered into a Development Agrcemcnt with the City
It is further agreed that ifDev pc
f Bedford Place Subdivision, this agreement amends the Development
for the devclopmcnt o
Agreement~
' ate on the a day of u~ 199.; Vwhen this
This agrccmcntshall tcrmin -~-~-- m fete devcla ment; if
cnt terminates, Dcvelapcr shall have years to cop P
agrcem lgg~,, approval of the
devclopmcnt is not completed an the ~Y of uN~ vela mcnt of the
ts" rtion of the plat shall be null and void and any further do p
undeveloped to po
' additional a ravel; if the developer dots pat complete devclopmcnt on or
property shall require PP
' hall record a statcrnent that approval of the plat for the subdivision is
before the above date, City s
vaI for the "undeveloped lots" portion of the subdivision has been
null and void and that ap~ro
voided. ~ ~ .
~~~ `~
~~ ~
rn
~~
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~~
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+ ~'l~ES ~1~recmecit ~~~ ~ ~e inure tv tie bcneCtt of, and be bijuling upon., .t}~ .sirs, cxccutars,
~~ of the res ective antics. 4
adm«ustratars, asscgnees ~ ~ successors p P
Iii ~V1'3'NESS WHEREOF, the DEVEL4P1aR has exccuted this Agreement at Nieric4ian,
Idaho, the ~~., day of ,1 ~ 1s
13R1GHTON C4RPDRATIDN ~ ~ CITY GF MERIDIAN
ti,~~~r~~i~~~~1~~i1
• ~ ~ .~~~ ~ ~~ ~~i
{~ ~fri
i
David W. Turnbull, President Grant P. Kingsfor , ~ o~rF ''~,,
~ ~
~ r
r -
= SEAL -
r
STATE 4F ~DAH~ } = * ~'
. ~ ris ~~
. ,, ~ ,~
County of Ada ~ } '' ,p '~'
' ~ ~ da of ~ ,1995, before me, the undersigncdr a'f~'~-~"'
Qn this .,,~,~, y
Public in and for said State, personally appeared DAVID ~1. TURNBULL, known to me to be
the President of the said Corporation that exccuted this instrument and the person why executed
the said instrument on behalf of said corporation, and acknowledged to me that said Corporation
exccuted the same. .
IN WTfNESS WHEREOF, I have hereunto set my hand and off xcd my official seal, the
day and year in this cent+l;}c~~te+first about written.
Qo~ ~t~~ ~' s f. °~~
~~~` ~~ N C~~n,in ~~ AAA
•y ~~~ o~ rRa ~'~~ r+
e ~~TA~~" ~ ° lrC for Idaho
o ~ Notary
~*~
A ~ ~ p''° Rcsidin t; ~
~= p~ ~ L1G ~ M Commission Expires: ~ s ~~°
SEAL) ~ `''3~Qa ~•°° o ,•` y
r+IIIIIIN~d
STATE aF IDAHO }
~ ~sr
•
County of Ada }
~'" ~ ' ~ 1995, befon me, the undersigned, a Notary
Qn this day of ~ r - ,~
' 'and for said State, ersonally appeared GRANT P. KINGSFGRD 1m°~ to me to be the
Public in p
it of Meridian that exccuted this instrument and the person who executed the said
Mayor of the C y
' ens on behalf of said City of Meridian, and acknowledged to me that sand Caty of Mcr<d~an
~nstrum
CXCCUtCd the samC.
. TNESS WHERECF,1 have hereunto set my hand and affrxed my official seal, the day
nd ~
and yeas in this certificate f rst above written.
1 .~
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Illrllllll;+l Nat '' p lie for Idaho
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~~ (~ ~~ ~~ Re rdtn fit. /{ ~'i , t~ r r~' `!
'4
SEAL ? ~ t ~,Q `~ M Commission Expires: ' ~ ~'.; `i ~,
~ ~ . ~o ~
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JUL.-16'96~TUE1 I~ Oi SPINI(', ,UTLER TEL I?C s810U( P.OOI
Spy ~ ~UTL~R
6Q7 N. Sth Street, Suite ~ 10
P.G. Box 639
Raise, Idaho S370i
208/38$-1()00
20$/3$8-1001 (fax)
Fax hover Sheet
T(~: 7ahn Fircgerald
I~avi~ Tu~6n11-- X77-5~~~
FX~OM: JoAnn Butter
I~~.TE~ J~I}~ I ~, 1 ~~~
TIME: ~ : ~~ pm ~~
~~~ ~~i~~ ~~~reh ~nte~l~~lf ~~ur~~
M~~~A~rE: ,~~~t1 ~~ w~~, ~~]~~~~ I~ ~~ ~'~V~~~I ~T~f~ ~~r~~~~I~t In ~
~ ~~,11~~~1~I~ wlth ~I~
~~~~ ~~ur~e e~n~~#~~t~~n and n~~~~~~. I h~.v~ r~vi~~~ the ~.~~u~~nt ~~
. ~ ~~t
~t re~er~~~~~ the e~~~~ ,~~~f e~ur~~ 1~~~~ ~n~l~r ~~~~~~~e ~ r~~~.~nt.
J~~I., ~f ~~u w~Il het ~~ ~~~ ~~~uraenta ~ will r~vZew ~t wi~a ~u. I~~.v~
Tur~~u~ w~l~ fix you ~e 1~g~i ~~s~~~t~~~ ~~ t ~u ~~~ ~~~~r the ~~~~
~~.t~aent~ I~~v~ h~ t~~~ me that he h nit r~~~r~e~. ~th~ ~ ~.t the
~~
'lease note that Dave Turnbull has not reviewed this document so that it must
remain subject to his fiinal review. Please give me a ca11 with questions ~d
comrr~ents.
Tr~n~mi~~z~n ~ ~ ~ pa~e(~}, ~n~~ ~i~ sever
~he~t, ~on~~~ Li~~ ~.t ~~~~~ ~ ~~- ~ ~~~
if the en~r~ trmis~3e~ ~ nat reeeive~,
~~~ ee~~ ~ ,~ w~I aet f~~ew.
~~ea~e I~~~~v~r Imm~~i~1y
Tie ~~~~~e~ ~~ntaiued ~~ t~i.~ tr~i~~~~n i~ a~t~ rile ~~' ~ ~~~
whleh ~s ~nten~~ ~~y fir ~e use ~f ~.e in~.vi~u~ car ent~~v t~~m~ ~h~v~ ~r ~rnTT h~r~~ ranr~;Y,nr~ ~~.~~
JUL.'-16'961TUE1 li:0i SPl~li;' SUTLER TEL I?f""881001 P. 00?
ACREFM NT
THIS ~~REEMENT ~thi~ "~areement"} made and entered into this day of ,1 ~~~, ,
~~tw~en the pity ofl~rleridian, ~; municipal carparatiar~ ~~'~itY"}, or its assigns, and poise Research tenter f~a.
an Idaho carparatiar~ ~"BRA''),
L~;
A.. ~R~ awns land in the vi~ir~iky of ~e existing ~i~y municipal golf aau,~~~, which is rnar~
particularly d~~ri~~d on Exhibit A, attached hereto ~ar~d~made a part herear, and is sometimes r~f~rr~d tQ
h~r~in as the "property".
B. pity intends t~ improve the ~raper~r with an additiar~ ~th~ ~Addition~} to the ~~isting ~i
rnur~i~ipa) golf course.
~. ~~.~ dues to transfer the Property to pity ar~d ~i#y desires to have the Property tr~'tsf~rr~d,
subject t~ the terms and ~onditian~ contained herein.
a. ~itY"s council h duly convened and reVi~w~d this ~greemer~t ~r~d determined that the
A~r~~ment and the trar~sf~r ~f tl~e property an the terms ar~d canditiar~~ hereinafter set far~h serve the best
interests ~f ~ity-
E- pity's council h~~ duly fixed a time far end held a public h~~ring upon this A~r~~rnent, all
upon such notices ar~d related procedures as re~uir~d by the ~rdir~ar~~~s of pity and the I~ws of the ate a~
Idaho,
N~1~lr THEREF~p.~, far valuable con5ideratian, in~lUding the tran~f~r of the prapertYr rho receipt and
cuff i~i~n~ of which is l~etehy acknowledged aid agr~~d, the recitals above, wh ich are it~a~rporated below
end t e n~utuai pram:s~~ and agreements h~r~in contained, the p~tki~ hereto agree a~ follows:
7. ~4~'I~E~M NT TI~AN~~E~. BRA agrees to tran~f~r and Canvey and pity agrees to h~v~
transferred end conveyed, subject to and upon each of the terms and eor~ditian~ hcre~inafter set Earth the land
legally described in Exhibit A, '
~. FER. Tho transfer of the Br~p~rkY Shall occur ~n Qr before five ~~~ days after the
~~ecution hereof the ~~[asing"} at a date and tune mutually a~r~~d tab the artier. The ~Iosir~ sh r
Y !~ g ~ l l tape
place at the affi~~ of ~ityr's Attarr~~y, The Property shall b~ transferred with ~ dced substar~tiall similar to the
deed of gift attached hereto a~ Exf~ibit B and rnad~ ~ art he e f y
p r o the ~D~~d of lift"}. pas~~~sion of the
~rap~rty shall be delivered to pity at the ~l~sin~. general real es~t~ taxes shall be prorated as of the ~l~~in¢
date, Retarding fe~~ shall be paid by pity,
~. ~~I'_F ~~~~~LA~I. pity has comrnenced and sha11 continua, all at ~ sole cast ar~~1
expense, irnrr~~di~fely follawir~g the closing, the car~stt'U~ion of irnproverr~en~ to the Property ~th~ ~~otf
~aurse lrnprov~rnents"} substantially in car~pliar~ce with the general scl~ern~ and layout far tl~e ~~lf bourse
lmpra~rem~nts as provided ire the files of pity as of the date hereof, and as indicated bar the sa-~Il~ ~rou h
ca~stru~kion~ of the tali ~a~srse lmpraver~ent~ ~nm l~ted of the date h r '~ ~~ g
P e eof ~tk~e half Caurs~ Plan },
pity h and shal I be the ger~~r~l contra tar in aa~r~i~n with such half bourse Impravem~n~ for the
~dditian_
pity shall have the right to male any reasonable rrtia~lifi~tions andlar changes to the ~~If ~~urse
Flan which are necessary t4 salve engin~ering, layout ar~dl~r design prof~lem~ not reasanabl for~ele at
the #ir~e of oxecutian of this Agreement, without ~~~ a rova i Y
pp I, prov ded BP,~ shafI be ir~f~rm~d of ali such
changes ar~d shall be entitled to immediately ~dvi~~ pity of any can~~rns ~R~ ma have re ardir~ sutfi
y g ~
changes. pity shah not male any material ahang~s to the half ~'our~~ Irr~pravemer~t~ without written
JUL.-16'96~TUE) 17:08 SPINK IUTLER TEL:I?f 381001 P.OO,i
approval of the ~#~~'. A "nlateri~i change" fir the purpose of this ara r h 3 sly
madificati~n ~f a tee box ~ ~ ~ ap ~~~ be a r~[~cattar~ or
~~rwayr ~r~~n or water~~ap~. In the event that ~i#y desires t~ make a material -
chang~ to the golf ~~urse lmpr~vement~, pity shall natifiy ~R~ of the re nested h n
~pRrove ar di~~parove with rea~or~s ~ ~ a ~e and ~~~ shalt
~ ~~aecified~ a~ ~~~n as reasonably possible and in an event with
days after s~rbmissian, in the event 8R~ fail Y ~n four ~~~
~ to respond t~ the request within the kime period, the re~oet~d
change shall be deemed approved.
4. ~~~-T MAI~J I~~E Ali Er~ATi ~, Thy pity ackr~owled es tha
maintenance and aeration of the Addrtiari ~ ~ # the
rn a first clan manner is a materia[ car'~~ideradot~ t~ BRA,
Fa[low~n~ the execution ~ier~of, and the ~or~structian ~f ~~ half ~~urse~lrr~ r v
end car out the ion germ p ~ ements, ~~ty shall conduct
rY ~ maintenance and operation o~ the Addition including, without limi~.ti~n
landscaping maintenance, The maintenance and oR~ratian a{the Addrtian ~ .
. ~ ~ ha[1 require, without limitation,
That ~e pity operate and cause the Add~t~ar~ tea be used iri accordance with the U~ ~ .
prohibit uses of the Additiari which ar i ~ - ~A Rules ~f Etiquette, shall
~ nccns~stent wEth ~~ use ~~ a half ~~ur~e, and shall be ma~nta~ned as
per ~~~A rnarntenan~e and op~r~tion standards, as amer~dcd from time to tune. Th '
~peratian of kh~ golf ~aur~e lm rov rn ~ e ma~n~nance and
p ~ end is int~rid~d fa insure the presetian of the natural appearance
and b~~,~rty of the Addition and ~+hich will ir~~ure that th~Additian is ~ valuable ~
pity and ~~~ a~~nowled a kh r ~~t and amenity fie ~it~r.
g at the rnun~c~pal ~alT ~aurse Is lease operated and mair~tairi~d under that
certalr~ name of dacurnent~, dated ~ ,and agree that if there is a conflict be~rv
terms, car~dlt~or~s end a reer~cn#~ ~~ this A r n the
~ g Bement and the [name of dacumer~t~, the
[name of da~umentj, shall control.
~. UEFA ITEM - ~Eh~E~I iJL~Ti , In the event of a
non-defaultir~ ~ ~ha[[ b dol'ault hereunder, the
~ ~ ~ ~ entitled to ill rights and r~rnedies available at law ~r inequity, includir~
without lir~it~tions damages and equitable relief, Fach ri ht ewer a g~
or her~~fter existin in [ ~ ~ , p nd remedy provided far herein car now
~ ~w, in e~~~ty, by statute ~r otherwise shall be cumulative ar~d ~ancurrent and shall be
ire addition to every other right, Power ar comedy pravid~ far herein or now ar h r
e u i ~ statute o r .~ eafker exr~ti ng at 1 aw, i n
q tY~ Y otherwise, ar~d the e~cerci~~ ~r be~tnn~rig ~l: the exer~t~~ or the forbearance of '
an-y party of any one ar mart of such ri hts owers ar r exercise by
~ , p ~medies shall not preclude the slmUltaneaUS or later
exerccse by such pay ~f any ar all of such ath~r rights, powers 4r remedt~~,
~. ~RNEY~' ~~. fn the event ~f an cantrav
Y orsy, clalrr~ ~r action b~jng filed ar instituted
betwn the parties to this rrnent to er~f~rce the terra and conditions of this A r • .
tho breach of arty provision horeaf ~e revail' ~ ~ Bement ~r ar~sin~ from
p ~n~ p~,rtywifl be ent~#l~d to rece~v~ from the other party all
cysts, darnag~, and exper,s~, including reasonable a~meys' fee, incurred b the revaili
or not such a~ntrovers or claim is liti aced Y P ng pad', whether
Y ~ ar pra~utedta judgment. TI~~ prevailing panywill l~~ that pa
who was awarded judgment as a result of trio[ ar arbitratiar~. ~
~. 11~A 1~. NQ represen#ation, warranty, covenant, kerrn a r~~ment ar c ~ .
breach h~r~of shall b~ deemed w i ~ ~ ~nd~t~on ar the
~ ved except by writ#e~ ~nsent of the party against wham tlt~ wai~rer i
claimed, and any waiver of khe breach ~f any repr~nta~ia-n v~arran cav ~
~onditiar~ shall not be d ~ tY1 ~nant, term, ~grment ~r
~~med to be a waiver ~f any other resentatian, warranty, ~~venant term
a~reern~nt or car~d~t~~n hefern, Ac~eptan~~ by a party ~f ar~y perferrnance b ar~~ther a ,
same shat I l~av~ become dui shat [not Y P ~Y after the k~m~ the
constitute a waiver by the first Rarty of the breac[~ ~r default of any
such repr~entatian, warranty, cav~nant, term, agreement ar ~onditior~ un
less other~vE~~ expressly agreed to
by the fi rst pa~Y i n writi n~.
~. ~ CEM . Thy parties agr~~ thatthis Agreement shall be construed urn
the Mate of Idaho. der ~e laws of
5. F ~E ANA I l~E. any pre~rentiun, delay ~r sto a e due to strikes [+~c[c
disputes, a~ of hod, ir~abili to obt~trr la r Pp g outs, lobar
tY ba ~r materials or reasonably substitute therefar~, ~overnrn~r~kal
re~trictior~s, governmen#al re~ulakions, ~overnmenCal controls, enern or hostile v
commati~n fire or ath~r casual and ath r ~' go emmen#al action, civil
~~ ~ causes beyond the reasonable control of the Ra obli at~d to
~Y g
JUL..-16'961T1'~EI Ii 09 SPINIS S BUTLER
TEL:120,A~881001 P.OUd
perf~rrn, shall excuse the perf~rmanee by such party far a Reriad ~ ual to an such rev '
~ Y p entior~~ delay ar
stoppage.
7~. Ell kriTY, If ar~y term or pra~tisi~n of this Agreerr~et~t ~ha[I to are extent be
by ~ court of o~mpetent urlsdi~iar, k y determined
J ~ be inva(~d or unenforc~a~le, the rem~~nder of this Agreerr~~nt shalt riot
~~ affected khereby, and each term end provis~ar~ ~f this Agreement sh~~l k~e vat id an
c~ be enf~r~eable ro the
rulle~x ~~ctent perrrtiilt~d by ia~v; end it is tits int~ntior~ of the artier h~reta tha `~
Agreement i~ ~a able of ova can R t ~ any prav~~ian of this
P ~tru~tians, or~~ ~f which would reader the provision void ar~d the other ~f
which would render the provi~i~n vaiid, the provision hail have the meal~in which rend r
~ ~ s ~t val ~d.
11. `CiR ECM N ~x~~pk far khe ath~r written agreemeC~t~ described herein this
Agreement embodies the en;jr~ agreement between the parties hereto and there shalt be ~~ oral a r
~xistir~g ~etw~~n the Porkies relative ka thesub`e~ matter h r ~ ~~ments
j ~ ~~~. This Agreement r~~y only be emended by
written document executed by alb of the Parties hereto.
~ ~. E ~ , !t is understood Iny the part#e~ hereto that time is of ~e ~ssen~e of
this Agreement,
~~. A~...~TJ.NA~. Except as. otherwise pr4vid,~d herein in ~dditior~ t~ the a~
recited herein and canteen laced r ~~~ deeds
p t~ be perfarrne~l, executed ~ndfar delivered by the P~rt~es, the parties hereb
agree to perfarrr~, execute an~f~r deliver ~r cause to be Performed executed are Y
d/ar delivered any and III
such further acts, deeds end assurar~ees as any party h~fete ma reasor~ab( r~ uire to
Y Y ~ ~~nsumn~ate the
trar~sa~`kions cantemPl~ted hereunder andlor khe warranti, cavenant~, terms, a ree~ents andl~r c ~ .
~~ntained herein. ~ ondit~on,~
~~, bl~ ~. The headings contained ire this Agreement ire far reference ur ose~ and and
shat( not in ar~y way affect the meanie ~r inter retatiori her p P y
~ p eaf,
r
~'~ -~~a~; ~. ~' .~i~~ EFFE~`T. Thy r~pre~er~tati~ns, warranties, caver~ant~, terrt~s
agreements and conditions cQr~taincd in this Agreement shai(~urvive the execution of this A reernent an
de[;v~ry and recerdin of the deed of ~; ~ ~ the
~ ft, end thts~+greementshal! nit be merged therein, but shat[ rerri~in
hindin~ upon end far the Porkies hereto until ful ly observed, ~e t ~r erformed. This A r
bindin u ~n and tear ~ p ~ eementshall be
~ P ~ to the benefit of the park~~ hereto, al! successor ewners of re~~rd of ai[ ar an art of
the ~r~p~rty, any and ail assign, lessees ther~Qf and an ~uccessar min` , .. '~ ~
Y ~cEpal auth~r~t~es af~~tyand
su~~essar municipalities far ~ period ~i:ten ~~ ~) years nom the d~t~ of corn i~tiQn of ean~#ruckian F h
~aurse (mPr~vement~. P ~ t e halt
1 ~. T~ .Any r~~tice or der~~nd Pram or t~ the parties hereto shill be ersan~ll '
p y del ivere~
by ~~e~ia(c~ur~i~r, ~r ma~le~ by first ~(~ss ~Jnited Mates mai(addressed to the address set f
ether addre~~ as a a h firth below ~r such
P ~Y ereta shall have last designated by notice in writing to the other party as ravided
herein. Notice shalt be d~~rned delivered ors the date actual) r ~
whichev Y ~ceived ar two ~~) days after mai(irtg,
cr is first.
I f to ~ R~:
horse [research tenter, inc.
1~4~~ Ir'Il, ~xplar~r l~r,, ~uit~ ?~~
Qoi~e, Idaho $311 ~
Attn: David Turnbull
~oa~~,~~~~-~
,JUL.-l6'96(T~'E~ 17:09 SPl~li & BUTLER TEL:120R~881001 P.00~
[f t~ pity;
~l~y ~f N~~ridian
~1~ Meridian ~k.
[~erldian, [~ ~~~~~
Attn: pity Attorney .
1 ~. _ N~TR~c~TI~N, AI! ~p~rti~~ f~~ret~ have ~n repre~en~~~ ~y c~un~el ire the ~~ur~e ~f kh~
r~eg~tiatians far and t~r~ preparat~ar~ ~f this A~reernerit, ~aaordir~~ly, ir'i all cases, the Ian Ua a of Chi
~~ ~
A~reemer~t trill b~ ~anstrued dimply, a~cerdir~~ ka i~~ fair rneanir~g, end not strictly far ar a a.inst an a
~ Y p ~y.
~~, f~ . This a~r~~m~r~t shall he re~~r~e~ simulrar~~~usly with the ~xeautian her~~f,
~ ~. _ ~~ART~ ANA C~IJIaLf~AT~' ~~I .f A~~, This A~reem~nt may ~e ex~~ute~ in an
n~m~~~r ~f ~aunterparts ~ri~ duplicate originals, each of v~hl~h shall lae de m Y
~ ~d an ari~ir~al,l~ut all afwl~i~h
shill ~ar~stitute ~n~ end the same in~#~ument, .
IN 11VITNE~5 ~IfHFI~F~~, the parries h~v~ sit their har~d~ the date and ~~r first ehave wrikt
~am~ bin lane after ublia hearir~ n ~ Y erg, the
~ [~ g, Mice and statutory requirements h~vin~ been Tulfill~d.
~ity~
THE ~l~`Y ~F I~ERI~IAC~, ~
rnur~i~ipa) carparatiar~
~y:
Its. Ma~~r
ACk~~t:
Ike; pity clerk
~ ~~:
wise ~esear~h ~~nker, ln~., art Idaho earparati~n
~Y=
I~:
~IGREEME~T. 4
dUL. =16' 961T1'iE) 1':10 SPINE ~ gUl'LER TEL 1?~?""48(001
STATE ~~ IpAH~ ~
~ ~~:
Jaunty of Ada }
~n this day of ..~,~_ , 7 ~9G, before rn~, the undersigned, a ~fataty Fub~i~ ire and
far said state, personally a~~~ar~d DAVID ~1V, TU~N~UL~, known ka me to be the VierPr~sidenk of ~~l~E
~E~EA~~I~ ~~NTE~, ~N~,, an Idaho ~arp~rati~n, the ~Qrpararian that executed the fare~ain~ instrument ar
the ~ersan wha executed the fare~~ing instrument an behalf of said ~~r~aratian, and ael~i~awled~~d tQ me
that such ~arparation ex~~ut~d the same,
P. 006
IN WITNE~~ ~V~#E~E~F, I have hereunka set my Land end off fixed my a~icial seal t1~~ day and year in
tl~i~ ~~~kifit~ fink ~bave written.
(~EAk.~
Nagy Public far Idaho
Re~i~tn~ at Idaho
-~
My ~ammi~~i~n Expires:
~TATF ~F ! ~AH~ J
ss~
~aur~ty ~f A~~ }
~n this day of , 1 ~~G, i~etr~r~ ~~, tha undersigned, a Notary I~ubli~ its ~nel far
paid ~tatef personally appeared , ~nawn to me
to be the ,~ a~ CITY ~~ MEt~DIAN, I~AF~~, an Idaho Municipal ~orp~rati~r~, the
~arp~r~lti~n that ex~cvted the faregain~ ir~sttum~r,t ar the ~~rsan wha executed the fore~~in~ instrument an
~~h~lf of said ~arparatian, ar~d ackr~~wl~d~~d to m~ that such ~arparation exeeut~d the carne.
IN 1A1tTNE~~ 1NH~R,E~F, I have hereunto ser my I~arid ae~~ ~~tixad mY af~icial seal the day end y~~r in
this ~~rtiti~~t~ first above written.
N~ta~r Public~ar Idaho
~esid~ng at~ ,Idaho
My ~~mmissian Expires;
~~EAI.~
JUL.-1b'96~TL~E) 11:10 SPIA'It S BUTLER TEL:120fl3881001
EXHIBIT A
LEGALDESCRIP710N OF PROPERTY
P. 00"
A~REEtvIENT - 6
..xsa
JUL.=16'961TUE1 li,ll SPI\'I{ 'L'TLER TEL:I?G ',81DD1 P.OU8
E~HIB(T
~. dEED (~F G(FT
THi~ ~EE~ ~F SIFT made Chip day ~f , 19~~, between ~~I~E r~E~EA~~H
~ENTE~, INS-, ~n Idaho corporation, wh~~e address is 1 ~~~G 1rU, ~xpl~rer fir., quite ~~a, ~~i~~ fdahn
r
83~~3 ~"~rant~r~'} and CITY ~I` C~ERIDI,d,~l, I~AH~, an Idaho Mur~i~i~~,E ~or~orati~n, wh~~~ e~rrer~t
ad~1r~~~ is ~~ East Idaho Avenue, ~~ridian, Idaho ~~~ ~"~r~nt~~"~;
~JITI~E~~ETH~
ecti r~ ~, nv
A~ A SIFT to grantee, ~rar~t~r ~~~~ hereby grant and convey k~ grantee a~E of xhe r~~l RroPerty
Ia~~t~d In the bounty Qf Ads, ~t~te of Idaho, described ~n "E~chibit A~ attached h~r~C~ end made a part h~r~~f
thereafter "~u1~~~t Property"~,
T~~ETHE~ with III and singular the teriernents, hereditament ar~d ap~~rt~nances thereunto
~elon~in~ cr iri ar~ywi~~ apRertainin~,
This ~~nveyance by ~rarik~r t~ grantee is made subject t~ the foEfowin~:
1. All t~~~s and assessmer~t~ I~vi~d and assessed against the Su~j~ot Property, it~cludin~
liens and assessments ~~ any irrigation district, fir kh~ year ~ ~~7 and ther~~fter, AIE
such tax end assessrnent~, incl~din~ Ii~r~s and assessr~er~r~ ~f ~~y irri~akion di~tri~x,
for the year ~ ~~~ ~h~l E ~e prorated between ~rar~t~r and grantee as of the date of
this be~~1 of ~lft. Afl such ta~~~ end ~ssessrnents, includir~~ liens and asses~rner~t~
of any irri~atior~ di~tri~t for the year ~ ~~~, and ~~f~r~ shall be paid by ~r~ntor,
~. E~~~ments and ri~ht~-of-why for roads, difches, tur~nel~, utilikiss and other pur~~~es
and uses, which ~~emer~ts and rf~l'~t~f way art ~f record on the date hereof or
visible up~,~ ~ physical inspection of the ~u~jeet property.
~. ~x~tzptions, reservati~r~~, t~rm5, covenants and co,~ditions of record.
~.~. ~. A
ay its accep~n~~ Below, ~rar,tee shelf ~~ d~~med to have acc~pG~d end agreed to ~orr~~ly with the
car~diti~ri~ end restri~ions set f~rCh in this deed of lift
IN ~l1iTNE~~ WHEREOF, grantor has caused lt~ corporate name tQ be subscribed by i~ Vice-
~resident pursuant ko a resolution ~f ifs hoard of directors this day or'
1~9~,
B~I~E RE~EAR~H ~EI~'T~~., IfV~,, an ldahc
~or~~ration
~y
~lic~-president ._. ...~
,JUL.-l6'96~TUE) 17:11
SPINK & BUTLER
TEL:120PS881001
P. 009
~TA'~~ ~F I f~A~l~ )
~~:
~~~nty of Ada }
r
~n this day of , ~~~~, her~re rne, ~h~ ~nder~i~ned, a Nntary Pu~li~ in and
fir ~~id Mate, persanaliy appe~r~~ UAV(~ W. TllRN~I~LL, I~n~~wn t~ me ko ~e the Vice-trident of ~~i~~
RE~EA~~H ~EI~TE~r 1N~., ~n idahe ~nrp~rati~n, tl~e ~~~p~rati~n that executed tl~~ f~re~ain~ irr~trurrr~n~ ~r
the per~~r~ why ~~:ecuted khe fcre~~ir~~ instrument on behalf of paid ~~rpQrati~n, and ac~r~~~l~dged t~ nee
that such ~~rporaticn ex~ute~l the same
~~ ~iT~lE~~ ~NH~R~C~E, ~ have hereunte yet my hard and of fixed my official ~~a~ the day and year in
this certificate fire ~~~v~ written.
l~lakary f~ublic fir i~~h~
~esidin~ ax ~ ldahc
My ~~mmissicn Expire,
~~~AL~
A~R~~h~I~NT • $
JUL. -16' 961'fUEI 1 i,1?
SPINK ' UTLER
A~CfP7,~NCE
TEL 1?l 3811)01
~iTY ~F ME~1~~AC~, iDRH~, are ldah~ 1v~uni~ipal ~~rp~raki~n, ~y its e~ee~ati~n 1~ei~w, hereby
a~~~pt~ the terms ~f the f~r~~ain~ ~e~d ~~ ~i~t, and a~ree~ t~ ~~~~pt tale t~ the ~u~j~~t ~r~p~erty ~~bje~t to
the c~nditi~r~~ and r~~tri~ian~ yet firth thereinr ar~d agr~~~ to ~~rnply with the game,
DAYS ~ th i~ day ~f - - ~ ~ 1 ~~~.
~1TY ~F ~E~I~IA~, I~AH~, .
an Munieipai ~~rp~rati~n
gY
Title:
~YATE ~ F I GBH ~
} ~~:
Jaunty ~f Ada }
~n tl~is~day~f , ~~~~, hef~re r~~, the under~i~ned, ~ Notary i~ubiie irk end far
~~id state, per~ona~ly appeared ,known to me
t~ ~e the ~f ~~T'~ ~~ ~~~I~IA~I, ~~AH~, ~n fdah~ Municipal ~a~rp~rafiien, the
~crp~r~tian that executed the ~~re~uin~ ir~~trument ~r the pe~~~ who e~cecuted the r~r~~ain~ ir~~trum~nt un
~~hal~ ~~ paid ~~~`~~r~.tien, and a~~r~~wled~ed t~ me that such ~arperati~n +~cecuted the ~~rn~.
Ih! 1~J1YNE~~ VI~HE~E~F, f haue hereur~te yet my hand and affi~c~d my ~~ficiai yea! the day and ear ire
Y
ti~i~ eertifi~~t~ first abeve written,
~~EAL~
Notary Pu~~ie for ldah~
~e~~ding at , ldah~
My Comm i~~ier~ Expi fes;
P. 010
BIT
.~.~ ~~~lR~~ ALAN
A~~EEMENT ~ 7~
ARC1dQV,7~r
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