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HomeMy WebLinkAbout1996 05-14 MERIDIAN CITY COUNCIL AGENDA SPECIAL MEETING TUESDAY, MAY 14, 1996 - 5:30 P.M. .CITY COUNCIL CHAMBERS DISCUSSION OF ACCEPTANCE OF DEED OF FOUR ACRES FROM G.L. VOIGT/JOINT SCHOOL DISTRICT NO. 2: (APPROVE TO ACCEPT DEEDFOR FOUR ACRES FROM G.L. VOIGT) • • MERIDIAN CITY OUNCIL MAY 14. 1996 The Special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 5:30 P.M.: MEMBERS PRESENT: Walt Morrow, Glenn Bentley, Charlie Rountree: MEMBERS ABSENT: Ron Tolsma: OTHERS PRESENT: Wayne Crookston, Anna Doty, Bob Hailey, Mark Freeman, Jim Jones, Chief Gordon: Corrie: I will open the meeting now, Counselor would you let the Council know what we are doing here and then we can make our decision. Crookston: The request or not request, Mark Freeman called me approximately the 6th of this month and told me that there was a sale between Gary Voigt and the school district for 55 or 59 acres of land. It came up as to whether or not there was four acres that should be deeded to the City. And so I approached the Council on that at the meeting on the 7th, the decision at that time was the property had to be immediately deeded to the City because that was one of the requirements on Mr. Voigt's annexation of the property which is south of Overland, Sundance Subdivision. So I relayed that back to Mr. Freeman, he said he would relay that to the school district which he did. The question came up about the four acres as to whether or not that had to be deeded to the City. There was discussions between Jim Jones and myself and it is my understanding that Mr. Voigt doesn't care who he deeds it to. As a result of the whole thing, Mr. Freeman and I have had discussions, questions as to access, what roads are going to be put in if there is access. Whether or not there is even access at all. Whether or not there is anything in the findings of fact or the ordinance for Mr. Voigt's property that requires anything and that is why we are here tonight is to decide again how the property should be deeded. So that is really the matter that we are discussing tonight. And how that should be done and whether or not, there was some discussion initially that would go to the school district and I said that is probably fine if immediately then or after as in the next recording number after the deed from Mr. Voigt to the school district recorded a deed would be recorded from the school to the City. Now we are basically kind of in the position that the Council recommended was that the property be immediately deeded to the City from Mr. Voigt. The question then came up as far as the access and those kinds of questions. Morrow: Mr. Mayor, I guess as a point here, the stipulation has always been on the approval of these and we are going back a year and a half or so. These sites were schools/park, park/schools sites never ever was it the intent of this Council to have those properties deeded to the schools. The approvals of these peoples in terms of the subdivisions in terms of zoning and annexation was that those properties were to be deeded to the City and at some point in time if the school district desired a school to be built there then the collection of the four acre parcels which would total approximately 16 :7 Meridian City Council Special meeting May 14, 1996 Page 2 acres, ten or twelve acres would go to the school district or the school, the remainder would go for a park site. The intent of having the City have the deeded property first was that we may opt to develop a park before the school district decided to develop a school at that particular site. If memory serves me correctly I am the one that made the motions in each case, my motions for those three properties that we were discussing which was the Voigt property, the Johnson property, and the Goldsmith property was that they were to be deeded to the City as a stipulation before anything happened and any development was to take place. And so, I see that as being where we are at right now and as notice for everyone in the future that land comes to the City not to the school district for those same reasons. We had as approvals of at least two of those parcels indicated that ground was to come to the City. Now we had a mistake happen with respect to the Goldsmith stuff which ended up being less than the four acres and also went to the school. Mr. Goldsmith if memory serves me had attempted to circumvent by virtue of having a seven year sundown clause with the school that if they didn't develop it within a seven year time frame that it went back to him. That was never ever the intent of what we as a Council approved a year and a half to two years ago. So, from my perspective I think that we continue on with this property coming to the City as per the agreements that allowed the zoning and the annexations to take place in the first place. These grounds were also grounds that were to be residential in which case there was going to be water and sewer to the sites and road access to the sites by virtue of the residential lot development. So I guess from my perspective that is where we are as a City or as a Council at the time that these properties were zoned and annexed. Where we are today based on that history I don't know. But I don't want to personally see any of that change. Bentley: Mr. Mayor, the land we are talking, are we talking just the four acre parcel or are we talking the rest of the 55? Crookston: We are talking about the four. Bentley: Okay, we have got, with the purchase of the 55 that is where you are going to build a high school and are still looking to go with an elementary school on the other three parcels of four acres? (Inaudible) Morrow: Ultimately there would be four parcels Glenn, the concept of the Council was to bring all four properties together in that corner for a total of sixteen acres of which there is only activity on three of those four developments. Bentley: So Wayne if I may what is the benefit of going one direction as opposed to the L~ Meridian City Council Special meeting May 14, 1996 Page 3 other? Whether we go direct to the City or whether we go school and then immediately go direct to the City with the four? Crookston: Well it is my understanding that there is no problem now that the property go directly to the City. Mr. Jones has, Mr. Voigt's attorney has indicated to me that Gary Voigt has no problem with deeding the property to the City. Mark Freeman who represents the school district has indicated to me that there is no problem with the school in having it deeded directly to the City. The questions that came up in my discussions with Mr. Freeman were is the City going to have access to the four acres? Will we have access to the 2.5 when that gifts to the City which I assume it will eventually. We have raised questions about whether or not there has to be a plat required. Can the school district build a school without a plat being filed. It is my understanding that there was only an emergency road through Mr. Goldsmith's 2.2 acres. Those are things that I thought we needed to discuss this evening as to how it was going to be done. It is my understanding that Mr. Voigt is willing to go ahead and deed the four acres but we have not dealt with any access. It is my understanding that there is no access required in the findings or the ordinance. So really it is not a matter as to how we do it now, because it is my understanding that the parties are willing to have the property deeded directly to the City is that not correct Mr. Jones? Jones: Mr. Mayor and Council, I guess the only thing that we need to know is what the legal description is and we will deed it directly to the City and I don't think there is any problem with that. The thing that we need to know is the legal description and we would like to work out the City's cooperation for a tax deduction for the four acres which doesn't put any I don't think any responsibility on the City. All they have to do is help us fill out the forms. So we are ready to go, we would like to close this thing Friday if we could. Corrie: I have a question to the Counselor, when did this come up, this agreement that they would come to the City from Gary to the City and the school, had to come between the time that we talked, is that correct. Because when I talked to you the matter was the other way, the 59 and back to the City I wasn't even aware that this other had taken place or we wouldn't have even had this meeting. Crookston: It is has been in the recent actions. Corrie: Otherwise this meeting realty if for naught. Crookston: It is except for the idea of access I think is somewhat critical. Morrow: I guess I have a question, this is beginning to take on the appearance of lesson C~ Meridian City Council Special meeting May 14, 1996 Page 4 #2027 or whatever, because as a Council when and you and Ron were part of that Council at the time when we zoned and annexed I guess we made the assumption at that point in time based on preliminary information for subdivision that we were going to have access to all utilities and road access to the site from at least two different sources. Whether it would be from the Goldsmith parcel, through the Voigt parcel or through the Johnson parcel. And now the question is with the sale of the 55 acres to the school obviously the rest of the Voigt property is not going to be residential in nature. So I guess the question is that where does the school site lay out with respect to this four acres and how do we access. If it is residential development like was originally proposed access if very simple. Under this scenario I don't know what the access is and that is not an issue I don't think that was ever addressed by us. Freeman: Can I address that Mr. Mayor and Council? I appreciate the opportunity to come today, Mark Freeman representing the school district. Just to make a preliminary point we are not trying to deed, we are not trying to get in the way and jump and take the City's four acres, we are not trying to do that. We appreciate the help in trying to find school sites and we just want to accommodate the City. When the City brought up the request that we give them this four acres at the time we buy the site that is what we are trying to do. So we don't want to take title to the school site, the only reason we thought we would need to do that is we were told I believe by the seller that the City wouldn't help in getting his tax treatment and we didn't have a problem doing that. So that is why this whole thing came up otherwise if it can go straight to them that is perfect with us. It is difficult to talk about access Councilman Morrow because I don't think initially it was ever intended that we have access to four different parcels. If we, so if we talk about this one four acre parcel from Mr. Voigt with the school site being there, there is no access from that parcel. But there is access to what would be the combined school site or park site from number one it appears that there is access from Los Alamitos through a road, on the preliminary plat or whatever plat this is, there is a road that comes in that would go to the Johnson property. That would one of the accesses. One of the things that the school district got in the option they obtained from Goldsmith was an emergency access somewhere from his subdivision to the 2.2 acre parcel. Now maybe those, I should have envisioned or someone should have envisioned accesses from other points. I think when this was discussed way back when Voigt was going to put a subdivision in there there probably is a plat that shows a road coming in. That is gone now but I don't think somebody said how do we get access to the four acres, how do we get access to the two. It is more to the site and right now it appears that if we get, if we get the Johnson property and if we get some property from this farm owner because if we don't do both of those ifs it is never going to be a school site. You might want to put a park there but that is up to the City. So, we envision this access here into the Johnson property and then some emergency access through Goldsmith's property to the school site. It does not, Wayne is correct, there is no right now today present Meridian City Council Special meeting May 14, 1996 Page 5 access to the four acre site that Mr. Voigt is prepared to give to the City. Morrow: Where is the 55 acres lay in relationship to that? Freeman: I have a couple copies of this I hope (inaudible) here is another one that probably shows it better. If I may put this up here, these three parcels you see marked here, (inaudible) that is Johnson's, that three is sort of a rough description of the Los Alamitos property, and four would be that chunk of the Voigt property where is says Raven Hill Subdivision. So right now the school site is a 55 acre parcel including this four (inaudible) it goes about like this (inaudible). That is going to be a school site right there. (Discussion Inaudible) Morrow: This is how we had access before (inaudible) Freeman: That is correct, there is some frontage that Mr. Voigt will (inaudible) along Overland Road and part of the easement right here (inaudible) I didn't know it but at the time I first called Wayne and said what I proposed was why don't we just let this four acres sit with the school district and if the school doesn't get built that we will deed it to the city if the city wants it for a park we will deed it to the City. At that time I didn't know that the ordinance specifically said that it was to be gifted to the City. If I had known that I wouldn't have asked for that. We don't have that situation, and some of this is tied up with Los Alamitos and what should or did happen there I can't answer all of those questions, we don't seem to know all of the answers to those. I know that at one time we tried to with Wayne's help we had a meeting with Mr. Goldsmith's developer and we sat down and before that meeting I asked Wayne to pull the portions of the findings and conclusions and minutes to see if Goldsmith had really committed to give four acres or two acres and we never could find that he did that. He may have represented that he was going to give it, we would have preferred not have taken an option on that property and just have him donate it. What we ultimately entered into with Mr. Goldsmith was an option where he would agree to extend water, sewer, pressurized irrigation, he was going to upsize some of his things to that portion of the site and we were going to pay him for that and he was going to donate the school site to us. That is the existing agreement with that portion of it. Maybe to go a little further, I hope I am not confusing, but the school district has an option to purchase that. I haven't talked to Mr. Hailey specifically about this but if there isn't enough property to build a school site here and the City wants that option, I don't think that is a problem, we are not going to build a school there we don't need the option. We either wouldn't exercise it or we would bring it to the City if they wanted to exercise if that made any difference. • Meridian City Council Special meeting May 14, 1996 Page 6 Morrow: So it is your understanding that is an option that you have on the 2.5 acres from Mr. Goldsmith? Freeman: It is an option. Morrow: It is supposed to be a freebie. Freeman: An option that includes the purchase, he extends the utilities and everything to that site and then he donates the land and then we pay him for extending those utilities and the pressurized irrigation and the rest of it. So it is really tied together it is an option, we have the option to have him gift us the property and then extend those utilities. We wouldn't, I have heard from the City that was supposed to be donated and we would love to have it be donated and I am not certain how that all happened. We sure wouldn't have wanted to pay anything if we could have gotten it for free. I can't answer those questions really don't know (inaudible). Rountree: Not having been part of the Council a year and a half ago just hearing what is going on it seems to me that this whole concept of future school, future park site whatever it .might be is based on development occurring. And over some time. Even with the site going to the school site it would appear that access is going to be some time coming to this location and I don't see any particular problem going forth the way we are going. I think one question Wayne raised about subdividing the property for the school site, I don't know what the ordinance reads but it seems to me that would be something that would have to yet be done. And at that point along with additional development and potential development occurring out there that we could probably work out this access problem. I would think that we can get access through Los Alamitos when they build out and I would just assume that we could work out some kind of pedestrian access to the site with the school district at some point in time in the future. I just don't see it being that big of an issue. Morrow: Question Wayne, would it not be real simple to do a plat with three lots and have the 55 acre lot, the 4 acre lot and then the lot that is remaining that is adjacent to Overland that remains with Mr. Voigt's ownership. Crookston: Yes it would be because it could be submitted- under our plat provision where there are four or less lots. The question is though, does the City desire that be done before the deed is given to the City. Morrow: Can you not do the deed meets and bounds so that it satisfies the requirement for Friday's closing and then file the plat. Meridian City Council Special meeting May 14, 1996 Page 7 Crookston: Yes you can. Morrow: So why don't we do it that way. L Crookston: I don's see that there is any problem whatsoever in having a deed executed and given to the City for the four acres from Mr. Voigt. The question is whether or not there is sufficient access for that four acres of property. What is the City going to do with it after the deed is in its name? Morrow: I think Charlie has raised the point, the practical point from here is that we have to work some out with the school district or have to work something out through the Johnson and Goldsmith properties. Because clearly when we annexed these to begin with and had these plats we had access from at least two different sites and we had utilities from two different sites. Crookston: That is correct, with the plat though we had a road running right to the four acres. Rountree: But you didn't really have that with this development, it seems to me it was a condition of the annexation ordinance that be given to the City if it would have happened in a timely manner we would be sitting with four acres there now not being able to access it. I think again all of this stuff was assuming that as development occurred and we do something with this parcel either a school or park it is probably going to grow whatever the school wants to grow out there in terms of use between now and the time it is developed. Something is going to have to be done with the property, once you buy it you are not going to build a high school on it probably not for 6 to 10 years,. give you a little leeway. I think we could work out something there as far as if you lease it to someone and grow weeds on it or whatever you do with that piece of property. Morrow: Just to raise the question I wonder if a lease of the total 59 acres could be entered into between the City and the school district as lessor with a farmer. Just to raise the question. Freeman: tt is being farmed now and that lease will expire or has expired and we haven't been approached, the school district hasn't been approached they don't own the property yet but we haven't been approached. That is a possibility I think that it may occur, one of the things that I have mentioned and Wayne is obviously the one to advise you about this. Let's assume sort of a worst case scenario that you get the four acres and that is all you ever get, you don't get the other access you don't get an easement now, I think because this was part of a parcel owned by Voigt split off and given to the City that under law the ~ ~ Meridian City Council Special meeting May 14, 1996 Page 8 City may have an easement by necessity meaning they come to the school district five years from now and say this development didn't occur the way. it was supposed to and we are going to get an easement from you to that site if you need it for some reason. It wouldn't be the preferable way for anybody to do it but it may and I don't know that for certain but it may give you a legal basis to say we can go ahead and do it now and worry about the easement later that was my point. Crookston: That very much is true that and if property does not have access it can be obtained because of the fact that it does not have access. The only problem that I see is that the point has been raised now before the City receives title to the property that there is no access. I don't know whether that prohibits the City from applying for a mandatory easement for access. But that is a very true possibility. I have obtained an access for a piece of property just exactly in this situation. But at the time the people did not know they did not have access. Corrie: Well we don't know at this point whether we do or not do we? Crookston: I think we do know that we don't have access. Corrie: Even from Los Alamitos No. 2? Crookston: We don't own that property and I don't know what access Mr. Goldsmith has to that 2.2 acres that he has deeded or granted an option or whatever it is to the school district. Bentley: Mr. Mayor, so what do we have to do from here, is there anything really to do at this point, since everyone is in agreement to deed it direct? Crookston: I don't think there is anything to do because what we are doing is just discussing it really to put everybody on notice as to what is going on and to discuss this access problem. At the time I asked for the meeting it was that title of the property wouldn't be deeded from Mr. Voigt to the school district which was contrary to what the Council's motion was on May 7th. Bentley: Well that is no longer an issue now. Crookston: That is my understanding Bentley: Everybody is in agreement as to how it is to go. As far as the access as Charlie has pointed out there is nothing going to be done in the immediate future with the land I Meridian City Council Special meeting May 14, 1996 Page 9 think we will just have to wait and see what happens with gaining the additional parcels we ask for and seeing if we can gain access either through Johnson or Goldsmith. Morrow: Well the other side of the coin is Glenn if the site becomes a school and park site the school is going to have to have access and maybe the secondary access is through the high school site to get there. So we are speculating here on a lot of things, it would have been nice to have a clear access like originally was decided. But I think from my perspective I am satisfied that we do the deed in meets and bounds so that the Friday closing can take place. I am also satisfied that the deed for the four acres comes to the City and we go through the gift sequence for Mr. Voigt. I am sure that you can work out leases with farm folk that it may be the Voigt property, the school property and the city property all want to enter into a lease or an annual lease with a farmer until development takes place. I think in the mean time the one that we really have to watch to make all of this work is Mr. Goldsmith, and given our experiences with him he bears extensive watching. That sums up my thoughts. Crookston: I would just ask that Mr. Jones indicate for Mr. Voigt and either Mr. Hailey or Mr. Freeman indicate that yes that property will be deeded to the City. Jones: That is what we will do, I think maybe the three of us could get together and figure exactly what the figuration but we will just accept it out of the (inaudible) we will just except it out of the 59 acres and deed it directly to the City. Whatever works for everybody is what we will deed and it will be the full four acres. Morrow: And the end of the deal is that we take of the plat making the three lots after the fact is that correct? Crookston: City ordinance does require that it be platted because it is a sale or a division of property into two or mare properties. So the city ordinance does require it. Freeman: That procedure is acceptable to the school district. Just one thing, the description of the four acres how that aligns with Goldsmith's or whatever else that will hopefully be there someday. I assume there was never a description given to the City as to what that would be. Crookston: There was supposed to have been from Becky Bowcut my understanding isn't that Mr. Voigt's planner Mr. Jones is that correct? (Inaudible) • Meridian City Council Special meeting May 14, 1996 Page 10 Crookston: It was supposed to have been delivered to the City at least by today because I talked to her yesterday and she said that she would get right to it. Freeman: I want to make sure that once we have the fpur acres nailed down that we didn't give something a little different than what you expected. I wanted to make sure that you get (inaudible) Hailey: Certainly what I think we have worked out will work for us. The donation directly to the City works for us just fine. I guess a couple of things that I want to go on record having said is that I am paying penalties on this money that is sitting there. So whatever you do don't delay us beyond Friday. I would like to keep that closing on Friday if at all possible. Crookston: I think that Mr. Voigt has the same problem. Hailey: The other thing that I would like to go on record that as we work with this development around this area. I think there are at least potentials for getting the access to this. You weren't at Planning and Zoning when Mr. Johnson submitted his plan, but I was there. He didn't' even acknowledge that this piece was to be donated. He showed it on his plan as common green area for the development. But I also recall that there was an access point pretty close to that. I understand he scrapped that whole thing and who knows what will comb back the next time. Also the farmer over here that has never admitted he was going to do anything, he may give that to his grandkids and that will be another 30 days before we are into that. But the point I really want to get here is that on that price of property there is an access along this solid line. That has we build this school we will have a main access coming in about the middle of this which would be our traffic flow. But this piece of gravel road will become an emergency access for up to the edge of our property. We will design that school so that we can use that emergency. Crookston: When you say that school you are talking about the high school. Hailey: Yes, we also will be lobbying you at some point in time that as this piece of property to the east develops we would like very much for that to be a main road coming up along this side of the property. So that it could become such access to that school and also to give the public a better access to the fields and so forth back here in the back. This property doesn't lay perfect for us, we prefer a rectangle that was longer this way. But if at some point we are able to extend the road up here that will give the whole public better access to the fields. Plus it could also end up accessing this donated piece back here as well. Our preference would be to never try to access the high school as a main access or whatever and somehow go through that to an elementary. We wouldn't it as a site if we Meridian City Council Special meeting May 14, 1996 Page 11 • tried to commingle that traffic. This might be far enough off of the site to work (inaudible). I just wanted to go on record that at some point we want to bring that back and remind you of that as that develops or some superintendent may make it might not be me. Corrie: Okay, anybody want to tackle the motion? Rountree: I thought Walt did it already. Corrie: Why don't you restate it Walt and then we will have it on record. Morrow: Okay, I would move that the city accept the deed to the four acres from Mr. Voigt and that the legal descriptions be done in meets and bounds to as to allow a closing to take place on Friday and that immediately after we plat into the three lots and that the, that is to be worked out with the three attorneys. Generally speaking it would be Mr. Voigt doing the platting because he is the one selling the lot and donating the lot. And there was a plat originally in terms of a subdivision. And that the City would extend to Mr. Voigt all the cooperation for the necessary gift tax paperwork. Bentley: Second Corrie: You have heard the motion by Mr. Morrow, second by Mr. Bentley, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: I will entertain a motion then for the meeting to adjourn. Bentley: So moved Rountree: Second Corrie: Motion made and seconded that the meeting be adjourned, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 6:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council Special meeting May 14, 1996 Page 12 APPROVED: ERT D. CO RIE, MAYOR ATTEST: l~ Gv"""~ WILLIAM G. BERG, JR., CLERK CITY OF MERIDIA P~B~C MEC~ ETI~IG SIGN-U SHEET ~' ~~ ~~14.9 C.P