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HomeMy WebLinkAboutMinutes Meridian City Council May 7, 1996 Page 31 connection. This being because I was inflicted with all of these costs that was procured through the process of the construction the City, we had a meeting with the City and the contractor and neither of them would determine who was at fault. So the blame, nobody would take the blame but still I had to pay for that amount, well far more than what the amount that I stipulated here. I am just asking because of the hardship which is stipulates not to cause any hardships there were other parts, temporary fencing will be installed and secured through the whole process which was part of the problem of one of horses getting hurt. The other problem was initially when they built the road from Franklin Road down to the manhole there were no provisions to raise the fence. So that was neither the contractor, it wasn't the contractor's fault because they did accordingly to what the contract read. But that was the cause of the most extensive damage to one of my horses was running across that road and getting caught up in the fence. And like I said we spent a couple of months doctoring that horse and we are still working on it. That's the cost that incurred, it was a cost that was caused from the City sewer or whatever that was putting through property, the Five Mile sewer project. In fact all of these are, I would not have incurred any of these costs because of the project. part of that is why I stipulated that I am not asking for a free hook up but I am asking for a swap for what it has already cost me which is only fair. Morrow: May I respond? I am sensitive to your asking to be reimbursed or trade off for the cost but in my opinion we hire the contractor they are contract documents and stipulations for those types of remedies when those kinds of things happen. What I am suggesting to you here is that contractor needs to do the resolution of that and that is where the .process needs to take place. So from my perspective that is who should be resolving the issue in terms of making you whole if that is the case. So I would move that we do not allow a sewer hook up at our expense. Bentley: Second Corrie: Motion has been made by Mr. Morrow, second by Mr. Bentley that the sewer hook up would not be approved, it would be denied, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: TABLED APRIL 16, 1996: AVEST LIMITED PARTNERSHIP: AVEST PLAZ4 LANDSCAPING: Bauens: Tom Bauens with Dakota Development representing Avest and the Fred Meyer development. I would just like to recap a little bit of the discussion we on April 16 at the City Council meeting concerning what we are proposing on the berms and landscaping • • Meridian City Council May 7, 1996 Page 32 along Fairview Avenue frontage on lots 7 and the Ln the 6th ewe have beeno held up~n are well aware we discussed in great lengths o completing this work due to the street improvement contra and AutterCand s dewaalk has which we have no control of. At this time as of today the cu 9 been completed on Locust Grove which frees up that from tae d a ong Fairv ewshopeu Ily is anticipated that the curb, gutter and sidewaikwill be co p by the end of this week. The curb was placed today as no efrees usl up to f n sh n'gthe With the completion of the curb, gutter and sidewalk th berms and irrigation systems and alt of the Iandsca~ thelCig Counc to agllow us alCity road to loop road. At the meeting on the 16th we ask Y Council development of the project allowing us to coA enue t That landscap ng wou d be lot 7 which is the Chevron portion on Fairview delayed and completed in the normal sequence of eveitbe tiedeto the compaet ng of that to its conditional use permit and the occupancy permit wil landscaping berm. The building permit for that.project has been issued and the work has .commenced today. The surveyors were staking, they will to do the berm andpandscap nig week. So that work is under way, we anticipate if we were in the normal sequence of events it should be 100% compland berm ng on Lot 9 which is also discussed delaying the completion of the landscaping As of toda we have approximately 420 feet from the loo prof dirt berm on that,nt s graded to 4 foot above the completed the berm, the constructs sidewalk and what we were proposed to do ~ on there fo ethehsummer but no do any irrigation system on there to keep it watered landscaping plantings at this time just the hydroseed and it will mow it and maintain it and irrigate it through the summer with the temporary systemab eto that lot andat can be dhone permanent until such time as water and power are avai per the site plans and the development of that part of 420 feet of andscap ngroWe have post a cash bond of 110% of the cost of completing that gone back and researched the development agreementcoveredSn thetdevelopment. The and completed, we feel that these requests are well development agreement allows for a phased developmennal usepreJrmit as the controlbng in there, there is also language that ties the conditio p document on what is to take place and the occupant lotas the aaretdeve opedb Artic e permit and the conditional use permit for each individua Y 11 in the development agreement allows for posting of boon ment aureement stat ng when the work. Article 12 allows for an addendum to the Bevel p g roach. So we the improvements would be completWdh'n thea u del nes of the development and this is believe that these requests are well 9 normal operating procedure for planned unit developmentfpand the conditional use permt be completed per the requirements of the building perm which have been obtained on all of these parcels at this time. Since we last met and • • Meridian City Council May 7, 1996 Page 33 discussed this another interesting twist has developed. This Be eooW~hoe is the landscape held on the site with Shari dSsilcesS Bhe slope of t e berms adjacent to the Fred Meyer architect for Fred Meyer to arcel on Locust Grove Road. Due to the final alignmentcust Grow a are quite steep atWE P of the ACHD improvements the resulting berms on Lo have constructed the berms to the 4 foot height adjac nal landscape plans subm tted resulting in slopes that are approximately 1 to 1. In the o 9 that berm. What we to the City and approved we had -shown sod in plantings along proposed this afternoon in the meeting was to not tot Would d ow up above the four foot and increase the amount of plantings on the slope tha 9 height and actually reach approximately 6 foot in heig{ side and a 2 to 1 s ope ont the would end up with is a 1 112 to a 1 slope on the stree arking lot side. And actually have more plantings and havement does not st pu ate thab P higher than the foot requirement. The development agre has to be sodded. It just stipulates that it has to be landscap ~ d and ape Puns that was adjacent sidewalk. So what we are asking for is a revision to roximatel ust south submitted for approval on the Locust Grove frontage which start app Y 1 of the first entrance of Fred Meyer and continue up the IoooPn the screening s tualtion with it is adjacent to the neighbors. So we are actually imp g fans to the City for this new proposal. We are prepares entatves of Contactors Northwest the Fred Meyer review and approval. There are repr contractor and landscaper here and they have some photuest ons? rid can present the revised landscaping plans if you would like to see it. Any q Corrie: Any questions, Mr. Bentley? Bentley: I have a question for the chief, is that higher screening going to be a problem for seeing what is going on in the parking lot? Gordon: No sir it is not. Tolsma: I have a question, it says down here, well Shari ~ovedn naudiblle) soldle) junipers and other shrubs with bark instead of the originally app ( Bauens: Sod and plantings, there was always plantings. There were always plantings, we reasin the number of plantings and eliminating sod due to the steepness of the are me 9 slopes. Tolsma: (Inaudible) Bauens: I would refer that to the landscaper. • • Meridian City Council May 7, 1996 Page 34 Tolsma: (Inaudible) Weatherby: To a rock from a bark, that could be done but (inaudible) Corrie: Excuse me we need you on tape. Weatherby: Dan Weatherby with Contractors Northwest. I think what you will find in what we want to submit is the new plantings will cover the bark eventually and it is more pleasing than the rock would be. There is some rock added to this. Tolsma: (Inaudible) Weatherby: Well if I could submit the picture you will see how steep that is, we had a hard time keeping anything on there. We will. put a weed barrier and that should take care of the weeds. It is going to be hard to keep anything on that steep of a slope. Tolsma: (Inaudible) Weatherbey: We can certainly look into that. Tolsma: I have seen a lot of developments around with bark on them and the first high wind comes the bark (inaudible) Weatherby: Yes it does Rountree: You are talking about 1 1/2 to 1 slopes and trying to hold anything on there you know well that is going to be a maintenance hazard for a long time in terms of maintaining the sidewalk and keeping the bark off of the sidewalk, the mud for sprinkler heads that break etc. I really don't think that is a good idea in terms of landscaping. I would suggest that if you have slopes there that steep that maybe you ought to get some kind of a stepped up berm with a retaining wall or look at some kind of concept that widens the berm so you can flatten the slopes. You are going to have people out there sweeping the sidewalk everyday for a whole lot of years. Weatherby: Do you suggest that we take the slope height down? Rountree: I suggest that you widen the berm so you reduce the slope down. Or go from the back of sidewalk up with a course of some kind of an architectural block. Weatherby: And keep the sod? _ i~ >~ Meridian City Council May 7, 1996 Page 35 Rountree: I am not saying sod but you are not going to hole that have stayed • Unless you have some pictures of some of those that you have don eatherb : Can I submit these? If you will notice on the proposed plan there is a cobble W Y at the bottom to try and maintain that. Rountree: That is just as steep as I had envisioned. • a ars to me that you have curb on both sides of these berms at the present Morrow.lt ppe time. Weatherby: Yes on the parking lot side there is an extruded o dewalk whepe the beam 7 inches high and then on the Locust Grove side it is the back is. Rountree: With cobble eventually? Weatherby: Proposed cobble at the base. We will be (inaudible) Bentley: One of the concerns I'd have would be with the boa t onto w nd up be ng n the spoken to is it blowing we s otut t e edewalks or floating storm drains and the se Tolsma: Charlie (inaudible) Rountree: Well to even it out it would take 4 feet Tolsma: (Inaudible) Weatherby: Can I speak on that, a two foot wall rigWt'th s d and make t so we could do on the pictures is what it would take to maintain that an hin with it. I think what the cobble and the bedding the ban that Ito rock i that would ~ g sad to Chang g the shrubbery can take over and we are not oppo be preferable. But I don't think that the sod can em a~th nk what'we are try nlgtto does item and something else is a less maintenance it what you envision here is try to have something that doesn't have to maintained all of the time. Rountree: I appreciate that, I am not saying that I want sod, I would just like to see those slopes flattened so you can keep something on them. • Meridian City Council April 16, 1996 Page 39 Rountree: Well (inaudible) but there is (inaudible) property would be returned to the similar state that it was prior to construction. That has not been done and that needs to be done. If it has been done then the remedy is there. Some of these other problems with respect to the contractor and animals I am not sure that the easement addressed that nor (inaudible). Freckleton: I think the issue with the confusion over who we are dealing with has been there for quite some time. Our records, the Ada County Recorders office and the Assessors Office still list Mr. Cullip as the record owner of the property, they hold the easement, we dealt with them to secure the easement. We felt like they are the player in the game. Bentley: Mr. Mayor, I would be willing to make a motion that we table this for the next meeting and in the interim have staff review the preconstruction tape to get their input back on the site inspection and then get the input from counsel. Rountree: Second Corrie: Motion is made by Mr. Bentley, second by Mr. Rountree that this be tabled request for sewer hookup until May 7 with staff input, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Rod what we wilt do is get some more staff input on this one and get back on the 7th if you would like to come to that meeting we will get in contact with you. ITEM #15: AVEST LIMITED PARTNERSHIP: AVEST PLAZA LANDSCAPING: Corrie: They are asking for relief in completing the landscaping, irrigation system along the frontage until after the opening of Fred Meyer, two retail buildings of lots 2 and 5. Council, I guess they are setting up for your questions. Durken: For the record I am Larry Durken, I am the developer of record for the project. There are really three areas that we would like to talk to you tonight about and go over as detailed or as briefly as you desire. But this, the first area is the landscaping north of the loop road. Everyone is familiar I think with the site and the condition of where we are. You are aware now that the Highway District is doing a substantial amount of work here. That has caused us some delays, we have been ready, willing and able to go forward for some time but the scope of work for the contact there was a lot of negotiations between the City of Meridian and ACRD that delayed their start and delayed, limited our ability to complete !- Meridian City Council April 16, 1996 Page 40 some of the work that we are obligated to do under a separate agreement with the -City.. I would like to talk about that, the landscaping in front of Lot 7 which is the Chevron parcel. I would just like to talk about the precise timing of that portion of the project. Then the final completion of the perimeter (End of Tape) only because of the delay in the commencement of the ACHD work. So, the first thing that I would like to ask you that the property north of the loop road we are, what we would like to do is berm that with top soil, smooth it off, finish it off nicely but delay the landscape plaiting of that berm until we have completed the planning for that portion of the project. We are under construction now, the storage is under construction now with the mini storage in the northeast comer of the project and this is going to be a later phase going over towards Locust Grove so what we would tike to do is delay the tree planting of bushes along that berm and go ahead and, we will finish the berm off nicely of course with the development agreement. We are continuing to leave dirt along in this area, I remember Mr. Bryan, his first name escapes me, we are leaving the top soil over in that area to screen his house. So that is the first request that we had. The (inaudible) put another plan up real quickly. The Chevron station has been in for buildings permits for some time and I expect the permit to be available if it hasn't been issued (inaudible) it is any day that it will be issued. As soon as it is issued he will begin construction of the improvements for the building and the parking area. What t suspect is going to happen is the landscaping berm in ftont of Chevron which is tied to our overall development agreement for the overall project that is not going to be completed when the shopping center is ready to open in June. So what we would tike to do is ask you to tie the completion of the perimeter landscaping in ftont of Lot 7 directly to the occupancy permit for the Chevron. Which we expect that to be probably around September that he would be open and that portion would be completed. We have just been unable to work in that area because of the delay with the ACHD project. If any of you aren't familiar with that, when we negotiated the development agreement with the City and we obtained all of our ACRD approvals the scope of work for the ACHD project was quite small. That ACRD had some future plans that they decided to move ahead and City had some desires and things that they wanted to have happen in the area with drainage an things that aren't related to our center. So they drastically increased the scope of the project. In doing so it delayed the start of it because of the design and the negotiations with the City and it really isn't a .reflection on our performance it is not anything that we have had control of. So, our second request is going to be to delay the completion of this berm, most of the top soil for that berm is in place right now, but it is just the irrigation and other things because of the ACHD work we would like to delay that until September. Several months ago we vvere here for, we had a similar discussion relative to the McDonald's. As you know the McDonald's is open. We bonded for the work along this parcel because we were unable to, at that meeting the design and the negotiations between the City of Meridian and ACRD weren't completed. So we wanted permission to open McDonald's without having that landscaping finished and we did bond around it. We have two other buildings under construction right now, parcel two, and parcel five in the southeast corner of the shopping • Meridian City Council April 16, 1996 Page 43 Durken: Well, we are going to seed it, we seed it down and mow it. a center,l don't know very similar situation m Southeast Boise behind the Albertson Km if you are familiar with that in that area where we have, that is where the idea of storing the top soil came from here and we have a large about 30,000 yards of top soil stored there and we have been there- three years and we are now under the same situation that we are here as far as we are just delaying the final development there and that is fine with the neighbors and everyone is happy. It hasn t been any trouble with the way we take care of it there hasn't been any trouble with the dust or weeds or whatever. In three years haven't had a complaint about that. We had a few calls on litter and we are on a real set program set up. Bentley: If you are going to seed it how you are going to water it? Durken: Well what grows, it is just (inaudible). Bentley: I don't know if the neighbors are going to enjoy looking at dandy lions and weeds sprouting up and blowing into their yards with the seeds. Durken: That is, as far as the open field area, (inaudible) that has been our intention to do that all along. But it is our intention to finish this landscape berm along there but we would like to coincide that with completion of that that the development of that portion as far as the finish work on that is concerned. Rountree: When last I looked there was a fairly sizable amount of dirt out there, you keep talking about this flat field you are going to seed and mow, is that going to be removed, is that going to be spread out. Durken: It is in our contracts, it is in our permit plans, everything that we have the City that is, where it actually, we are leaving some along this property line as (inaudible). Rountree: Is there a time certain on that though? (Inaudible) Durken: We have a contract with the sib be m d June and that s' by the grandtopen ng of that. Technically it is supposed to be ou y Fred Meyers. Morrow: Mr. Mayor, let me ask yo~ this, why don't you just bond and go for temporary occupancies on these three areas . Meridian City Council April 16, 1996 Page 40 some of the work that we are obligated to do under a separate agreement with the City. I would like to talk about that, the landscaping in front of Lot 7 which is the Chevron parcel. I would just like to talk about the precise timing of that portion of the project. Then the final completion of the perimeter (End of Tape) only because of the delay in the commencement of the ACRD work. So, the first thing that I would like to ask you that the property north of the loop road we are, what we would like to do is berm that with top soil, smooth it off, finish it off nicely but delay the landscape planting of that berm until we have completed the planning for that portion of the project. We are under construction now, the storage is under construction now with the mini storage in the northeast corner of the project and this is going to be a later phase going over towards Locust Grove so what we would like to do is delay the tree planting of bushes along that berm and go ahead and, we will finish the berm off nicely of course with the development agreement. We are continuing to leave dirt along in this area, I remember Mr. Bryan, his first name escapes me, we are. leaving the top soil over in that area to screen his house. So that is the-first request that we had. The (inaudible) put another plan up real quickly. The Chevron station has been in for buildings permits for some time and I expect the permit to be available if it hasn't been issued (inaudible) it is any day that it will be issued. As soon as it is issued he will begin construction of the improvements for the building and the parking area. What I suspect is going to happen is the landscaping berm in front of Chevron which is tied to our overall development agreement for the overall project that is not going to be completed when the shopping center is ready to open in June. So what we would like to do is ask you to tie the completion of the perimeter landscaping in front of Lot 7 directly to the occupancy permit for the Chevron. Which we expect that to be probably around September that he would be open and that portion would be completed. We have just been unable to work in that area because of the delay with the ACRD project. If any of you aren't familiar with that, when we negotiated the development agreement with the City and we obtained all of our ACRD approvals the scope of work for the ACRD project was quite small. That ACHD had some future plans that they decided to move ahead and City .had some desires and things that they wanted to have happen in the area with drainage an things that aren't related to our center. So they drastically increased the scope of the project. In doing so it delayed the start of it because of the design and the negotiations with the City and it really isn't a reflection on our performance it is not anything that we have had control of. So, our second request is going to be to delay the completion of this berm, most of the top soil for that berm is in place right now, but it is just the imgation and other things because of the ACHD work we would like to delay that until September. Several months ago we were here for, we had a similar discussion relative to the McDonald's. As you know the McDonald's is open. We bonded for the work along this parcel because we were unable to, at that meeting the design and the negotiations between the City of Meridian and ACRD weren't completed. So we wanted permission to open McDonald's without having that landscaping finished and we did bond around it. We -have two other buildings under construction right now, parcel two, and parcel five in the southeast corner of the shopping • Meridian City Council April 16, 1996 Page 41 center portion. We have about seven small tenants going into those buildings and the improvements for their stores and shops and different things that are underway right now. According to the contract with the site contractor and according to the ACHD schedule we expect to be able to finish that perimeter landscaping along Locust Grove and Fairview approximately by mid-June. That will coincide with the occupancy permit for the Fred Meyers store and also coincide with their grand opening. However we would like to open some of our small shop people would like to open on their buildings earlier than that. They will be finished, I wouldn't say all of ,them but I think it is fair to say that more than half of the small shops would like to open. The development agreement requires an occupancy permit it limits an occupancy permit from being granted unless all of the work within the development agreement is completed. So what I am asking you for tonight is some relief, I don't have precise, I can be precise on the end date for that work would be mid-June but we would like you to consider allowing some of these small tenants the TCBY and the dry cleaners and some of those people to open prior to the completion of the work on Fairview and Locust Grove. And again I just want to euse of the ACHD delays and (naud ble) we or will not be compley d any day ~ only beta p to answer uestions. were not part to an of the dela s. I would be ha py q Corrie: Questions from Council? Rountree: Did I understand you correctly, that you anticipate completion of the perimeter landscaping by mid-June? Durken: Yes, but specifically we anticipate the perimeter landscaping by mid-June on the shopping center portion. (Inaudible) This, the berm work and top soil and everything is in place all along here. The irrigation system is in place, we have just been advised by the contractor that it would be irresponsible to do the planting and seeding and sodding and everything else until this work is finishede ba k in two weeks and rep acetitt So the f nal the ACRD contractor would have to com completion of this work is the work specifically that we would like to delay until mid-June and that would, this portion down in front of lot 7 which is the Chevron that is the portion that we would like to delay until Sept shin r of that with the completion and f n 5h ng of coordinate the completion of that the fin g the Chevron store. Rountree: (Inaudible) you indicate indefinite (inaudible) Durken: I want to clarify indefinite because I am not asking for indefinite. I would like to ask you specifically, we would like to delay the finish work, I am not dealing in the berm work, the berm is partially installed right now and will be finished and we would like to delay the planting along that berm for a year. That is primarily because of the phase of • Meridian City Council April 16, 1996 Page 42 the work the availability of water, the availability of water to maintain the plantings that we would put on that between now and a year. So this is the portion that we would like to delay for that period of time and we would be happy to bond for that portion for the completion of the irrigation system and the plantings. We have not been able to put in the irrigation system to date because of the unknowns and where the water lines are going to be and what is going on with ACHD that wasn't resolved until just several weeks ago. Rountree: (Inaudible) Durken: And that, we are not asking for any relief there. The only thing I am talking to you tonight about is the finish landscaping. Rountree: (Inaudible) affects the landscaping (inaudible) Durken: No, most of that is being done and that is not (inaudible). Tolsma: (Inaudible) maintenance of that as far as weeds and (inaudible) Durken: We are, it has been a grass deal for a long time but we will mow it and take care of it like we will the rest of the field. There will be a portion in this area, right now we are doing the mini storage in this area right here and there will be a fairly substantial field area that we will maintain. It is not unlike the South Shore shopping center that we have in southeast Boise. We had a large field area behind that, we had charitable organizations pick up the litter four times a year and w ~d the ma chm uband and those type o people necessary. We have the Boy Scouts 9 maintain it. Tolsma: (Inaudible) they want to coordinate their berm along with the rest of the berm on Fairview? Durken: Actually we are responsible for that, it isn't Chevron doing the berm. But with the ACHD work that is going on there we cannot start that finish work until probably mid June and right at that, mid-June there will be a substantial amount of work with the Chevron going on as soon as ACHD is finished right on the other side of the parking lot. So what we would like to do is delay the final completion of the plantings on that section and coordinate that with the opening of the Chevron or September 1st which ever would occur first. Bentley: What do you propose to do to control (inaudible) for a year, what are you going to propose to protect the neighbors from the dust, the weeds? • Meridian City Council April 16, 1996 Page 43 Durken: Well, we are going to seed it, we seed it down and mow ma center,l don't know very similar situation in Southeast Boise behind the Albertson K if you are familiar with that in that area where we have, that is where the idea of storing the top soil came from here and vve have a large about 30,000 yards of top soil stored there and we have been there three years and we are now under the same situation that we are here as far as we are just delaying the final development there and that is fine with the neighbors and everyone is happy. It hasn't been any trouble with the way we take care of it there hasn't been any trouble with the dust or weeds or whatever. In three years haven't had a complaint about that. We had a few calls on litter and we are on a real set program set up. Bentley: If you are going to seed it how you are going to water it? Durken: Well what grows, it is just (inaudible). Bentley: I don't know if the neighbors are going to enjoy looking at dandy lions and weeds sprouting up and blowing into their yards with the seeds. Durken: That is, as far as the open field area, (inaudible) that has been our intention to do that all along. But it is our intention to finish this landscape berm along there but we would like to coincide that with completion of that that the development of that portion as far as the finish work on that is concerned. Rountree: When last I looked there was a fairly sizable amount of dirt out there, you keep talking about this flat field you are going to seed and mow, is that going to be removed, is that going to be spread out. Durken: It is in our contracts, it is in our permit plans, everything that we have the City that is, where it actually, we are leaving some along this property line as (inaudible). Rountree: Is there a time certain on that though? (Inaudible) Durken: We have a contract with the ui{ bcon d dune and that sl by the grarndtopen ng of that. Technically it is supposed to be o y Fred Meyers. Morrow: Mr. Mayor, let me ask you this, why don't you just bond and go for temporary occupancies on these three areas? • • Meridian City Council April 16, 1996 Page 44 Durken: Well, that is not an unusual suggestion but the shopping center area the delays are not they are absolutely not our fault. We started the shopping center when we planned on it, the City had our schedule. Our schedule is in the development agreement, ACHD had our schedule and ACHD put the brakes on the off site work because of discussions and negotiations that they were having with the City and that happened after we were under construction. And so it puts a burden on us, a bond is only to assure you that we are going to perform and I think that you as a City should have a high level of comfort that we are performing, we have performed and we are continuing to perform. For us to bond around the work when it was delayed as a result of the City, and ACHD's negotiations I am not saying that either of your were wrong but it was not caused by any delay on our part whatsoever. It could be argued that there was some delay due to weather but not enough to make the difference so I don't think that it is fair to require us to bond under those circumstances. The Chevron section if you tie that finish work into the occupancy permit for the Chevron it gives you, there is a million dollars worth of improvements going on at that one lot and that if they can't be occupied until the finish landscaping is done I think that should be sufficient assurance to the City to be finished. Again that would and could be finished by today very easily. But the reason it isn't it is due to the delay with ACHD and the City. By the time we are out of that delay period it is real uncomfortable time to be seeding and sodding, planting $S00 trees and then digging a hole on the other side of it. So the delay caused by the City and County has gone into our schedule. But I think a bond is to give you assurance that something is going to occur and if it doesn't then you will have the ability to step in and finish it. By tying it to the occupancy permit for the Chevron I think that you are protected. This perimeter work in the shopping center is all tied into the occupancy of the Fred Meyer store which is a $15 million store and if the trees aren't planted and the grass isn't planted they can't open their store. t think you have enough assurance there that work is going to occur. This is the area that is in question, we are asking you to delay it but I just thought while we were here it would be a good time to bring up the other matters. But I don't think it is necessary and I don't think it is fair to ask us to bond for the shopping center portion. Morrow: Let me ask you this question, the only area that was in dispute between the City of Meridian and ACHD was essentially from the loop road to the norther property line. It was my understanding that originally that work for the rest was to be done by you. Durken: Councilman Morrow to give you an idea in dollars the scope, the scope went from $53,000 to about $460,000 and so that is a tremendous difference. The County delayed (inaudible) in the design work until they had the matters worked out with the City. So none of the design work could be started by the engineering firm until the issues with the City were resolved and they were more issues than this. I don't know the specifics but I know there was something to do with drainage and underground irrigation work along Fairview Avenue that there were substantial meetings on that. That had nothing to do with our • Meridian City Council April 16, 1996 Page 45 project or our work. • Morrow: I am not aware that those issues had anything to do with us either. The only issue that I am aware of with ACRD was the question of the road alignment from the loop road to the north property line. Durken: I think you are aware of when that. was completed. They would not allow any design on any portion of the Ada County Highway District work much less any work until the entire thing was done. We tried and tried and they said we can't do anything until we get together with the City of Meridian and so I don't know who exactly the dealt with here but I know they were, the day that was finished it was a design started that day and we have been working as fast as we possibly can. This wasn't a delay caused by us. Morrow: I have some questions with staff after we are done. Corrie: Other questions with Mr. Durken? Thank you Larry, questions of staff? Morrow: Yes, Shari, comments with respect to this issue? Stiles: Councilman Morrow, Mayor and Council, I believe it was Mr. Bauens that called and asked about this loop road issue. There was no date, the landscaping north of the loop road they just wanted it to be indefinitely until they completed their plans for that lot. The development agreement specifically stated that all landscaping, all other improvements would be in place prior to any occupancy on the entire development. Those included improvements through Don Bryan's property. I wouldn't have any problem I guess particularly with the Chevron portion. However if you want to delay these improvements going to the loop road I will be handing out your number. Morrow: Delaying the improvements on the portion north of the loop road. Stiles: Yes Corrie: Council, this is the Council's meeting but I am still concerned with Bentley's question about you put the berm up there and there is no water you are going to get a lot of problems there. I don't know how that is going to come around. (Inaudible) Durken: There has been a lot of spontaneous growth on the piles just from the weeds and grasses that are in the dirt and they will grow. Our pile that is out there in Boise we don't sprinkle anything, it (inaudible) grasses and weeds and whatever sprouts up out of it. It ~. Meridian City Council April 16, 1996 Page 46 holds the soil in place for dust control. We don't irrigate it at all. Bentley: That is the problem that it is going to create weeds and blow into the neighbors yards. Tolsma: (inaudible) Durken: We haven't .pursued that no. Tolsma: (Inaudible), it is not a -high growing grass but it is (inaudible) Durken: Something that could be pursued, we will have to investigate that. Actually we have talked to a couple of the neighbors and they were fine with it. There is a meeting with the neighbors that we are working on scheduling now that the people that live directly across the street you probably remember that we are placing dirt on their side of the road and giving them money for their landscaping and we are coordinating that with them right now. I would be happy to have someone from the City at that meeting so that they could give their input. Keep in mind we are talking specifically about the berm area. There is going to be a very large open field that isn't going to be, we are going to grade it down and seed it but it is not going to be irrigated so what we are talking about is the 35 foot berm section only. It is a (inaudible). Morrow: One further question, what is the estimated value of the areas that would not be landscaped, not the dirt work just for the landscaping. Durken: In that portion? Morrow: In all portions? Durken: I would have to get a complete break down and work with staff on that, I don't have that right now. Actually Councilman Morrow I do have, a lot of it will be completed it depends on where we are on that particular day. Where we are on June 15th. So it is kind of a moving target. Morrow: I understand that you have some small shops that wish to open prior to that. Durken: Right and I have a contract and it is specifically broken down how we can. Morrow: I would like to know those amounts of monies that are actually for the landscaping, approximate. • Meridian City Council April 16, 1996 Page 47 (Inaudible) • Durken: On the McDonalds we used I think it was about $5,000 for that, that was the bond for that specific parcel. Morrow: The bond was for $5,000. Durken: It was right in that, it might have been $4,700 or $5,300 but it was right at that. Morrow: Approximate is fine enough, and what was the cost of the bond? Durken: Well we just put up the cash, we deposited a CD with the City. Morrow: Could you not bond for a percentage of value? Durken: We could Morrow: Typically those run 1 to 10% depending on the type of bond. Durken: It depends on the circumstances but it is a lot, it is a real hassle for the time that we are talking about. It is a real burden for us to go through that, they have to send an underwriter out and it is quite a bit, we typically don't do it that way. Morrow: Why wouldn't, is it a lot different than a normal performance bond as in the case of a construction project? Durken: Yes, it is a different procedure that is gone through. Morrow: In what manner? Durken: Well, for this type of a bond they are looking for with a construction company you have a payment and a performance bond and the contract in place with between the owner and the contractor and the City with the kind of bond that you are talking about that we are bringing in, it would be a bond between us and the City and there is not an experienced. person contractor in the middle of it so it makes it a little more difficult. We found that it is really easier to put up the cash. I really want to stress to you that the shopping center work is with the bond that you are asking for, we are talking about, it is really assuring that the work is going to be finished. I think that you should have all the comfort that this work is going along and being done. Morrow: Let me comment on that for just a minute, it is kind of an editorial type of thing. Meridian City Council April 16, 1996 Page 48 But the issue and to be very candid with you, since my time on the Council the Avest proposal has been the class act of all the proposals that I have heard. Having said that the issue here really is that one of the major frustrations of government from my perspective in the private sector is that you can neither punish bad or reward good. If in a sense you have to be blind and so the procedure for requiring bonds for whatever is not a reflection upon either you personally o~ all the players that are part of Avest. It is a situation where as a City sure we are getting a great rapport we are getting a great projects, things are being well done but we also still have to be blind to that. I can see what you are saying but I want you to understand also from our perspective the things that we have to address. Durken: I can appreciate that but I think that the idea with the bond is to provide the City a Hammer and make sure that the work gets finished and the scope of what we are planning on opening prior to this completion is minute compared to the amount that is going to open around the 15th of June. So your control is we are going to have a 1000 square foot dry cleaning store and then we are going to have a 1,000 square foot yogurt shop open. We are going to have a mail box store and a beauty salon but we have 172,000 square foot store with $10 million worth of inventory sitting there that can't be opened and I think that when you look at your power and control you can't be blind to that. On the other hand to put the burden on us of a $15 or $20 million bond that is a result of delays that have been caused by the municipalities negotiating and discussing things with themselves where we haven't been a player or a party and we haven't had any control over it. You are punishing us for that delay and you are not giving yourself any additional leverage over us when you get the scope. Morrow: Where does the $15 to $20 million fit in? Durken: Well if you were to say that there are 3 different buildings (inaudible) $15 to $20 thousand not $15 to $20 million in bonding. But we already have $5,000 in cash and a CD with the City. We have two other buildings. So if you were to say well we will put $5,000 on each of those we have $15,000 in cash bonded with the City to get this work finished. Yet you have a $15 million discount store and grocery store that can't open until the work is finished. ! am not asking for any relief in that area, we are only asking for a relief in a small shop, that some of the small shops can open prior to the final landscaping being finished on the perimeter. Does that make sense? Morrow: I understand. Corrie: Any further comments? Thank you Lary. Counselor? Crookston: I was just stating that for this change that there would need to be a change in the development agreement also. Well basically the development agreement says that • Meridian City Council April 16, 1996 Page 49 there will be no occupancies until the landscaping and those kinds of things are done. Morrow: So, what you are suggesting is that even- if we ask for a bond or however we chose to discuss this we would still have to discuss the development agreement to get it accomplished. Crookston: I think you need to have something to say that development agreement is altered. It may be a half paragraph statement but it needs to be done. Tolsma: (Inaudible) Crookston: Is that how you see that Shari? Stiles:. That is why they approached us before on the McDonalds, because technically according to the development agreement they wouldn't have even been able to get occupancy on McDonald's. Crookston: That is correct. Morrow: So did we do a paragraph with the development agreement concerning McDonald's? Stiles: No we didn't. Morrow: We did not, we just bonded. Stiles: Correct. Durken: I think, I do not have a copy of that development agreement but it clearly states in there that we can't have occupancy until all of the work is finished unless it is approved by you. So I don't think we need to go through a formal amendment procedure. This body has the Crookston: That could very well be I haven't read it probably for (inaudible). Durken: The first development agreement that you did of its type but I have read it more recently. There is a remedy and it is just, we don't have to go through the amendment procedure, we have to get approval from this group. Crookston: Could be. Meridian City Council April 16, 1996 Page 50 • Corrie: So Council in other words we can either ask for a bond or go ahead and let them= do the request on the occupancy before (inaudible) and the Council can make that decision one way or another. Crookston: Well we need to see what the development agreement says before you decide that you can do it. Corrie: So the other one the occupancy at McDonald's was done with a bond. Crookston: That is my understanding. Morrow: Lany, when are these other stores projected to open (inaudible). Durken: Unfortunately they are in two different buildings too but I think we are looking at (inaudible) Corrie: So it is approximately four (inaudible) Durken: I am not allowed to tell you the precise opening date for Fred Meyer (inaudible) it is very close to 15 days. Morrow: Mr. Mayor, what I would suggest here is that there are some gray areas that need to be ironed out. Our next meeting is on the 7th and so let's iron out the stuff and address the issues and (inaudible) that is my suggestion for discussion. Rountree: The ironing out would be to find out what the development agreement allows us to approve such a request without amending the development agreement. Morrow: I think there is that I think there is Mr. Bentley's point in terms of grasses and so on and so forth. I am sensitive to dandy lion seeds blowing around and that type of issue. Mr. Tolsma's suggestion about some of those grasses that are used by BLM that are essentially low. moisture grasses is a good point. I think in my own mind I need to think about the stuff particularly north of the loop road. I am not comfortable making a decision at the present time about that, the area north of the loop road. Rountree: My opinion on that is that it needs to be done. I think that was an issue that has been brought up in public hearings with the residents, I think there have been commitments made that it will be done as part, of this development. I think the understanding is that it will be done with the initial phases of the development. I would like to see it done as soon as they can with the completion. of ACHD's work and that. is once they establish curb, gutter and sidewalk grade or complete the curb, gutter and sidewalk. • Meridian City Council April 16, 1996 Page 51 Then they can go ahead and berm and landscape. Bentley: I would agree with that. Morrow: Let me ask you this does the landscaping have to be complete on the berm, can it be the top of the berm. Rountree: It can go from back of sidewalk to the crest of the berm. That is something to buffer that vacant lot because we don't have any assurances when that is going to be developed. That is my thought on it. Corrie: I guess we have the point here you have to make a decision (inaudible). Weber: My name is Kathleen Weber I am with Avest Limited Partnership. Mr. Mayor and members of the Council I have been here since the beginning too and I have listened to all of the neighbors and I have walked the neighborhoods. On the north 400 feet of the loop, up to the north of the loop road that we are talking about whether we need to have the landscaping done there. There is only one neighbor across from that area. We have, this is impromptu but I have a (inaudible) that I would like to share with you. From this area right here we have one neighbor who's house is approximately right here. They have a loop driveway, they have large bushes in front of their house. This right here is a vacant lot where the person has some landscaping trees and things, he has a business right here and this is a house that is owned by the Borders who own this vacant lot. So this neighbor is the only one who is directly impacted by not landscaping right here. Like I said there are big large bushes in front of his house. There is an empty house on this side of this house and it is all weeds. As a matter of fact within about 100 feet of his back yard is all kind of weedy type grass. The other reason why we don't want to go ahead and put in big large berms and everything is we don't know what kind of tenant we may have that wants to be in here so we would just have to tear all of that out. Also, there are, my other point was, this entire 40 acres as you all know before 2 years from now, since 3 years ago was an alfalfa field that was plowed and there was dust and there were weeds and everything that went into these peoples yards. So I am not sure that there is going to be a huge impact on this part not being completely landscaped other than just a berm that has some things that grow on it. Bentley: The part of the problem you have with that is you have .the traffic on the road, the other neighbors surrounding there that will be driving by this weed infested hill and as Shari stated the phone is going to ring off the hook. Weber: I know the neighbors out at South Shore are very prestigious neighbor in there in the South Shore Subdivision and the Pier Point Subdivision with the way that we maintain Meridian .City Council April 16, 1996 Page 52 our property I don't believe that there has been any complaint but there is about a 400 foot section along that road that those neighbors drive by everyday. But you need to decide what is best for Meridian and I wanted to give you my input. Thank you for your time. Corrie: Council, what is your pleasure? Morrow: My pleasure would be to table to May 7th. Corrie: Is that a motion? Morrow: So moved Rountree: Second Corrie: Moved by Mr. Morrow, second by Mr. Rountree that we table this until the May 7th meeting, any further discussion? Crookston: I just have a question, do you want the staff to work on the things that were previously mentioned. Morrow: That is the reason for the tabling. Corrie: I think that is the reason for the tabling Mr. Crookston. Crookston: Well that wasn't in the motion. Corrie: We have a motion by Mr. Morrow, second by Mr. Rountree that we table until May 7th to have the attorney and staff look into the questions.that were raised in the testimony tonight, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: TIME EXTENSION ON FINAL PLAT FOR ASHFORD GREENS SUBDIVISION:. Morrow: Mr. Mayor, I would move based on the letter that we received from Julie Keene that we grant a one year extension to the Brighton Corporation for the final plat extension on Ashford Greens Subdivision. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we extend the final plat