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Home My WebLink AboutCesco CommentsJ nrr•.-~~l-l~_I 11•~~~ rl~ul .~iil ~!IVC.~ I V JtNI JONES $~ AS30CIATE3 Attorneys at Law 1275 Shoreline Lane Boise, ID 83702-6870 Jim Jones Baisc: (ZOS) 385-9200 Fax Transmittal Cover Fax Number: 887-4813 To: MAYOR ROBERT CORRIE MEMBERS OF MERIDIAN CITY COUNCIL SHA12I STILES WAYNE CROOKSTON MARK CANFIELD Comment: Total Number of Pages {Including This Page): Date: April 1, 1997 original Document: Please Adv. ~e ct will be sent by first-class mail X will not be sent neficiency in 'this Transmission NOTICE: This ~~~~ssage is 1 mended or, ' ~ for the use of the addressee and contain fnforsuati~ that is privileged, confidential, al. .tempt from discl!~sus ender applicable law. If the re8der of this notice is not c.'.e a. ~ssee or the employee ox- agent responsible for deZ_. srering tr~~°_ me:. •ge to the addressee, you are hereby notified that :sny d~ssemir~.,.ion, distribution or copying of this commun~catic.•r is str::, ~.1 y prohibited. If you have received this communica;.ia« in error, please ratify us immediately by telephone and return these papers to us at the address shown above via first c1_ass~ iz. OOL ~~ . Q 7 r . tl 1 ~' tl'-1 John McCready Faz: (20S} 385-9599 From: JOHN MCCREEDY JIM JONES & ASSOCIATES At~arneys at L.aw 1 275 Shoreline Lane Boise, Idaho 83702-8870 Jim Janes sofsc: (Z~) 3s~nov Yia Fas To: 8883969 Wayne Crookston Attorney City of Meridian P.O. BOX 427 Meridian7, ID 83642 John McCreedy Faz: (2os) ~~s~ April i, 1947 Re: cESCO Partial Amended pevelapment Agreement Dear Wayne: As we discussed this morning, I have redrafted paragraph 8 of exhibit A as follows: 8. In accordance with paragraphs 11 and 12 of this Agreement, the City shall issue to CESCO a Certificate of Occupancy following the City's completion of a fire inspection, building inspection, and electrical inspection, and CESCO's satisfaction of the require mantis of this Agreement and all other applicable requirements for issuance of a Certificate of Occupancy. Please let me know if this language is acceptable. T will bring three originals of the Partial Amended Development Agreement with me this evening. I look forward to hearing from you. Sincerely, JCM/tg John McCreedy cc Mark Canfield, CESCO, Via Fax J!M JONES & ASSOCIATES Attorneys at Law 1275 Shoreline Lane Boise, Idaho 83702-6870 Jim Jones Boise: (ao~ 3ss-9azoo April 1, 1997 Dia Fax Toa 887-4819 honorable Robert D. Corrie Mayor City of Meridian Members of the Meridian city Council 33 East Idaho Meridian, ID 83642 John McCreedy Fax: (~0~ 38Sr9S99 Re: CESCO Partial Amended Development Agreement Dear Mayor and Members of the City Council: I am writing on behalf of CE3CO. We have succGas£ully resolved with City officials all of the issues regarding CESCO~s Partial Amended Development Agreement, with the exception of the distance aP the Five Mile Trunk Sewer Extension. As yeu may recall, CESCO agreed to construct the Five Mile Trunk Sewer Extension, individually or in cooperation with others, in the event that Extension is nvt constructed by CESCO or another party within five years from the date of issuance of a building permit. We are hopeful that the Extension will be constructed before that time by existing landowners, using funds already dedicated for that purpose. however, in the event cESCO must construct trie Extension, we agree that the distance and size of that line should be defined. We have reached agreement with the City Engineer on those issues, with one exception. The question we would like the City Council to address is whether CESCO must construct the Extension to the western boundary of its property. CESCO's position is that extending the sewer line to its eastern boundary is sufficient. Lot 2 of the Playground subdiv~.sa.on already has adequate, permanent sewer service that has been perAtitted and approved by the City of Meridian. In fact, in the Development Agreement Page - 2 April 1, 2997 between the City of Meridian and the Playground, Inc., the Playground agreed to extend sewer lines to and along the exterior boundary of the entire Playground Subdivision. The City agreed that the Playground would extend and construct sewer line extensions to serve the Playground Subdivision and connect to City of Meridian sewer lines. Those sewer lines have already been constructed on Lots 2 and 3. There is no reason to extend another sewer line to pxaperty that already has adequate, approved service. CESCO has been provided with preliminary estimates by Masco, Inc. for the Five Mile Trunk Sewer Extension. Masco estimates that construction of the Extension will probably exceed $300,000. Masco estimates that extending the sewer line from the eastern to the western boundary of the CESCO property will cost an additional $30,000. CESCO is investing approximately $80,000 to install extensive landscaping. If CESCO must extend the sewer line to its western boundary in five years, there may be a significant amount of damage to CESCO~s landscaping, sprinkler system, signage, asphalt and other utilities. We would suggest that CESCO has already made a sufficient commitment to the City of Meridian by agreeing to extend the sewer line to its eastern boundary. It is not reasonable to require CESCO to construct an additional 465 feet of sewer line through extensive landscaping for the benefit of a private party that already has adequate sewer. We look forward to presenting this issue to the City Council tonight and completing the Partial Settlement Development Agreement. Sincerely, ~~= John McCreedy JCM/tg cc Wayne Crookston Shari Stiles Mark CanfiQld, CESCO Memo The City Cormal CC: Mayor Come ~ 1~6c~ols Brad Hs~v~kinsrClark ~onre stave siddotivay ~iwr'°" owe 9/4ro2 Ilea cESCO Compranise RECEIVED SEP-6 dYQ City Of Meridian City Clerk Of1icE In an effort to resolve the ongoing issues with CESCO Mayor Come, Bill Nichols, and I met this morning to discuss the caurent situation and our options for resolution. Following is a brief synopsis of the issue. Contractor's Equipment Supply Company (CESCO) is an equipment supply/rental business that specializes in John Deere equipment. They are located at 2000 E. Overland Road and also have frontage along I-84. CESCO was issued a 30-day Temporary Certificate of Occupancy on December 18, 199'x. Since that time, they have been occupying the structure without a Certificate of Occupancy (C.O.). The main reason that they have not been issued a C.O. is because their landscape buffer along Overland Road is out of compliance with their approved plans. Specifically, they are required by their Plat, Conditional Use Permit (CUP), and Development Agreement (D.A.) to have a 35-foot wide landscape buffer along Overland Road. The CUP also requires 11 trees in the buffer. What they currently have is a grass strip that varies in width from 19 feet to 24 feet, followed by an 11- foot wide gravel access drive with three vehicle display pads beyond the gravel. Behind the display pads is additional grass and Landscaping. Correspondence and meetings have ensued on a regular basis since 1998 without much resolution. We currently see three possible positions the City could take on this issue: 1. We can require that CESCO either move the gravel ar~d display padds behind the 35-foot landscape buffer and plant the required trees or submit applications to the City for a revised plat, CUP, and D.A (Note: this is the stance we have had to date). 2. We can simply accept that what they have is good enough and issue the C.O. (Note: This feels too much like asell-out). 3. We can offer a compromise where we allow the display pads and gravel access drive to remain as-built, but require the 11 trees to be planted in the grass area in front of the display pads and require the grass to be extended, if necessary, to meet the back of sidewalk when the Overland Road widening project is done next year. (Note: Due to the way the grass is bermed, the gravel area is not visible from car-level along Overland Road and is not seen by the general traveling public. So, shifting the gravel/display pads back a few feet will not gain much, visually speaking.) It was the general consensus of our meeting, that we would proceed with option 3 unless directed otherwise by Council. We feel that we could allow the compromise without damaging the ordinance for the following reasons: • If the CESCO project was to be proposed today, they would be required to provide a 25- foot buffer, not a 35-foot buffer, per the new Comprehensive Plan. Anyone building next to CESCO will be required to have a 25-foot buffer. • When the project was approved, the landscape ordinance did not prohibit gravel as a groundcover. (Current ordinance will prohibit gravel mulch on future projects). • There is not a public safety issue at stake with the compromise and the public would be benefted little if we "stick to our guns" to force full compliance. Therefore, we intend to offer the compromise to CESCO in the coming weeks, unless a member of the Council feels that we should do otherwise. If anyone desires to discuss this issue in further detail, please notify the Mayor by 9/10 and he will place it on aPre-Council agenda. Otherwise, we will move forward with the compromise. Confidentiality Notice: This memo may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by telephoning us at 884-5533, and do not review, disclose, copy, or distribute it. Thank you. Page 1 of 1 Sharon Smith From: Sharon Smith [smiths@ci.meridian.id.us] on behalf of Sharon Smith Sent: Thursday, June 13, 2002 9:26 AM Ta: Bruce Freckleton (E-mail) Subject: FW: CESCO (guess I had your email wrong in my address book -sorry. Corrected now. ) Did the original DA for the Playground apply to the CESCO property, since CESCO piece was sold by those owners? I found that & made copies -will also send to you if it applies. Sluwaw -----Original Message----- From: Sharon Smith [mailto:smiths@ci.meridian.id.us]On Behalf Of Sharon Smith Sent: Wednesday, June 12, 2002 4:53 PM To: Bruce Freckleton (E-mail) Cc: Will Berg Subject: FW: CESCO And reading April 1, 1997 minutes again, John McCreedy prepared that Development agreement & he brought it to the April 1, 1997 meeting with CESCO's signatures, ready for Council to sign. Wayne did not prepare it -- he was instructed to complete it along with the variance application. I will look at where the variance left off tomorrow. Sharaw -----Original Message----- From: Sharon Smith [mailto:smiths@ci.meridian.id.us]On Behalf Of Sharon Smith Sent: Wednesday, ]une 12, 2002 4:45 PM To: Bruce Freckleton (E-mail) Subject: CESCO We are digging up all the good stuff on this: The CUP findings indicate that if they are NOT agreeable to entering into a DA or amended DA, that the CUP shall riot be approved. April 1, 1997 minutes have them applying for a variance (to allow them to NOT extend the sewer past their property) & Wayne Crookston finishing this DA. I am still hunting -- I will have your copies tomorrow. Sharow 6/13/02 ** TX CONFIRMATION REPORT ** AS OF JUN 13 '02 08:58 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 01 06113 08:58 208 383 9516 MODE MINiSEC PGS CMD# STATUS EC--S 00'37" 002 253 OK MAYOR a ~ RObet•I I). CORK •, • • - I-Y _n ~' '- _ LEGAL DHPARTMENT (20R) 2RR-2499 •Fax 2R8-2501 CITY COUNCIL MBMBE1tS c.tly ~~ r~~ "-= " ~: PARKS ~ RECREATION (208 888.3579 •Fax 898 550 Tammy JrWccrd eri~i~n ~~ jj~ - 1 William L. M. Nary ~~ IUnI l0 li PUDLIC WORKS (208) 898.5500 •Fax 867-1297 Chcric McCandlrss A //% Y BUILDING nEPARTMENT Keith Bird (203) 35~-3211 • I~ax 837-t297 +i ~ +~^~ ~9oa PLANNING AND ZONING (108) 884.5533 •Fax 888-G85a June 13, 2002 Mr. John C. McCreedy Naylor, Hales &McCreedy, P.C. 1199 N. Shoreline Lane, Ste. 200 P.O. Box 9496 Boise, Idaho 83707 VIA FACSlM1LE -Original will not follow Re: Request for Records - CESCO CUP Mr. McCreedy, I have compiled the information requested on the above project as per your June 12, 2002 facsimile. The minutes and findings total forty-seven (47) pages. Your total due including tax is $4.54. Upon receipt of the copy charge, I will mail this information to your office or make it available for pick up. Please feel free to contact our office if you have any questions or need further information. Sincerely, s~~,~.~ Sharon Smith Deputy City Clerk cc: Research Request file (20B) 888.4433 • Fate (2A8) 887.48 3~CayDkrlk OClice FaRicl ( pg~j ggg~~8 8 H04man Resources Fax (2.08) 884-8723 JUN 12,2002 3:18PM NAYLOR HALES&MCCREEDY Naylor, Hales ~ McCreedy, P.C. Attorneys at Law 1199 N. Shoreline Lane, Suite 200 P.O. Box 9496 Boise, Idaho 83707 Phone: (208) 383-9511 Fax: (208) 383-9516 facsimile transmittal Date: June 12, 2002 Time: To: Sharon Smith Fax No,: 888-4218 Firm: City of Meridiar? Telephone No.: Re: Request for Records File No.: 6226 From: John C. McCreedy Pa es: 9 2 (including cover) Document(s) being transmitted: Lette r dated June 12, 2002. Remarks: ^~High Priority -Please Deliver Immediately CI/ Normal Processing ^ Confidential -For Addressee's Eyes Only ^ Please Call When Received ^ Hard Copy Will Follo~+v by Mail If you did not receive all pages or transmission is unclear, please call Jenny at 383-95'11. Sent By: Confidentiality Statement: The information contained in this facsfmile message is attorney privileged and oon~dential infoormation intended only for the use of the individual or entity nam®d above. if you have received this oommunication in error, please immediately notify us byte/ephone to arrange for return of the original documents to our office. Thank you. N0. 424 P. 1 JUN 12 '02 15 23 208 383 9516 PAGE. 01 uuiu I1 ZUDZ 3:19PM NAYLOR HALES&MCCREEDY N0. 424 P, 2 NA,XLOR, H,A,LES & McCR~~~x, ~.c. A Professional Corporation of Attorneys John C. McCreedy 1199 N. Shoreline Lane, Suite 200 Kirtlan G. Naylor P.O. Box 9496 Roger J. Hales Direct Line: 947.2074 $oise, Idaho 83707 John C. McCteedy lrmail• jcmQnaylorhales.com phone (208) 383-9511 Fax (208) 383.9516 Carlton R Ericson Ty A. Kedinski Mark A. Kubinski Robert G. Hamlin, Of Counsel June 12, 2002 rUia Fax To: (208) 888-421 S Sharon Smith Deputy City CIerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: Request fog- Records Dear Sharon: RECEIVED JUN 1 2200'1 City Of Meridian City Clerk Office As we discussed, I am requesting a copy of the final Findings of Facts and Conclusions of Law adopted by the Meridian City Council and/or Meridian Planning and Zoning Commission for the conditional use permuit application submitted by Contxactors Equipment Supply Company (CESCO). I believe the findings and conclusions would have been adopted in late 1996 or early 1997. I am also requesting a copy of the minutes from the City Council's xneeting conducted on April 1, 1997. I am interested in the portion ofthe minutes discussing CESCO's conditional use permit application. If possible, I would appreciate you faxing me these documents. Thank you for your assistance. McCreedy t JCM:js cc. Client M:\Gencral RcprescntetionlClients A to M\CESCOV.cacrs\622G Sharon Smith Ol.wpd JUN 12 '02 15 23 208 383 9516 Par, a~ MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird ~. a ~~~~-'` ,~.~ ~ ~;` "~' CITY OF ll>'3'ti'•~~~:~._7 '\i. erl~lcn a~ ~ ~; IDAHO y FcF~ V T R (~ TR et iH V ALE/ SINCE 1,1903 LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 PARKS & RECREATION (208 888-3579 •Fax 898-5501 PUBLIC WORKS (208) 898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 •Fax 887-1297 PLANNING AND ZONING (208) 884-5533 •Fax 888-6854 June 13, 2002 Mr. John C. McCreedy Naylor, Hales &McCreedy, P.C. 1199 N. Shoreline Lane, Ste. 200 P.O. Box 9496 Boise, Idaho 83707 VIA FACSIMILE -Original will not follow Re: Request for Records - CESCO CUP Mr. McCreedy, I have compiled the information requested on the above project as per your June 12, 2002 facsimile. The minutes and findings total forty-seven (47) pages. Your total due including tax is $4.94. Upon receipt of the copy charge, I will mail this information to your office or make it available for pick up. Please feel free to contact our office if you have any questions or need further information. Sincerely, Sh~~~ut~ Sharon Smith Deputy City Clerk cc: Research Request file 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 CITY OF MERIDIAN 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 FAX (208) 888-4218 RESEARCH REQUEST FOR PUBLIC INFORMATION Name: .~ ~a~ C. rn~CLe Date: (~ -12-oZ Phone: ~~ ~ _ ~ ~I l Time: 2 r c~ Description: ~VVLt.~ ~S ~ih c~-Y15S Results/Findings: ~ ~ ~~ REQUESTOR'S SIGNATURE: ~~ /~ ~,~~~~1~ `~a~~L # of pages: ~ ~ ~ y' ~ t ~-G~X - Gf Date Finished: ~ ~~~-~J 2 Staff providing information: G~arar~ =~ Time required: 2 !~-rs Staff Comments: Will Berg From: Bill Nichols [wfn~whitepeterson.COM] Sent: Tuesday, May 21, 2002 1:38 PM To: 'Sharon Smith'; Bruce Freckleton (E-mail); Bill Nichols Cc: Will Berg; Marlene St.George Subject: RE: CESCO Development Agreement Regardless whether the document is recorded, it is still enforceable against CESCO. Bruce Freckleton had pointed out that the agreement contained a clause that said that it was not effective until approved by the Council and signed by the Mayor. With the Council's approval and the Mayor's signature, even though we may not be able to find the original with Canfield's signature, the agreement is still valid. Recording the document merely encumbers the property. Failure to record should not affect validity. Bruce wanted to make sure that the agreement was approved before he sent a demand to Canfield to force CESCO to hookup to the Five Mile Sewer extension and pay the appropriate latecomer fee to Voigt. I suggest that we do nothing for now. We certainly do not want to ask Canfield for another signature lest he reneg on the agreement. Let's wait to see if CESCO complies with Bruce's demand. At this point I do not want to give CESCO any reason to deny the agreement it made years ago. Please treat this email reply as confidential and subject to attorney client privilege. -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Tuesday, May 21, 2002 11:44 AM To: Bruce Freckleton (E-mail); Bill Nichols (E-mail) Cc: Will Berg; Marlene St. George (E-mail) Subject: CESCO Development Agreement Ada County Recorders Office would not record this document as one of the signatures was not original. Next Step? I await your direction. Sharon 1 Sharon Smith From: Bill Nichols [wfn(c~whitepeterson.COM] Sent: Tuesday, May 21, 2002 1:38 PM To: 'Sharon Smith'; Bruce Freckleton (E-mail); Bill Nichols Cc: Will Berg; Marlene St.George Subject: RE: CESCO Development Agreement Regardless whether the document is recorded, it is still enforceable against CESCO. Bruce Freckleton had pointed out that the agreement contained a clause that said that it was not effective until approved by the Council and signed by the Mayor. With the Council's approval and the Mayor's signature, even though we may not be able to find the original with Canfield's signature, the agreement is still valid. Recording the document merely encumbers the property. Failure to record should not affect validity. Bruce wanted to make sure that the agreement was approved before he sent a demand to Canfield to force CESCO to hookup to the Five Mile Sewer extension and pay the appropriate latecomer fee to Voigt. I suggest that we do nothing for now. We certainly do not want to ask Canfield for another signature lest he reneg on the agreement. Let's wait to see if CESCO complies with Bruce's demand. At this point I do not want to give CESCO any reason to deny the agreement it made years ago. Please treat this email reply as confidential and subject to attorney client privilege. -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Tuesday, May 21, 2002 11:44 AM To: Bruce Freckleton (E-mail); Bill Nichols (E-mail) Cc: Will Berg; Marlene St. George (E-mail) Subject: CESCO Development Agreement Ada County Recorders Office would not record this document as one of the signatures was not original. Next Step? I await your direction. Sharon 1 Page 1 of 1 Sharon Smith From: Sharon Smith [smiths@ci.meridian.id.us] on behalf of Sharon Smith Sent: Thursday, May 02, 2002 3:26 PM To: Bruce Freckleton (E-mail) Subject: CESCO I found a file labeled Wright Bros / CESCO, including minutes from May 16, 1995. during that meeting they were granted permission for a temp septic system, requiring they pay for their w/s hookup, enter into a latercomers agreement & Dev. Agreement. No agreement so far. I will probably have to wait for Will to get back w/his keys to look in the fire file in the safe across the hall. I am finding nothing about it on the computer (minutes & agendas). I did put it on the agenda & we will work on it. Sha.raw 5/2/02