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HomeMy WebLinkAbout1998 03-10~ MERIDIAN CITY COUNCIL SPECIAL NIEETING AGENDA ~ TUESDAY, MARCH 10, 1998 - 6:30 P.M. CiTY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE 1. DEVELOPMENT AGREEMENT FOR PRESTIGE CARE, INC.: (APPROVED) 2. DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVISION NO. 1: (TABLED UNTiL APRIL 7, 1998) 3. DEVELOPMENT AGREEMENT FOR ECONO LUBE SUBDIVISION: (APPROVED WITH CHANGES) • ~ MERIDtAN CITY COUNCIL SPECIAL MEETING MARCH 10, 1998 The special meeting of the Meridian City Council was called to order by Mayor Corrie at 6:30 p. rn. on March 10, 1998. MEMBERS PRESENT: Ron Anderson, Glenn Bentley, Charlie Rountree, Keith Bird. OTHERS PRESENT: Wayne Crookston, Shari Stiles, Gary Smith, Bill Gordon, Will Berg. ITEM #1: DEVELOPMENT AGREEMENT FOR PRESTIGE CARE, INC.: Stiles: Mr. Mayor and Council, Wayne and I have reviewed this agreement, it's been given to the developer and I haven't heard any objection from him. This is the one where they wilt donate the 4.6-acre park to the City and they'll do that before they get building permits. I don't believe we had any problems with this agreement. Corrie: Council, questions? Rountree: Just if Wayne agrees with that submission. Crookston: Yes I do. Corrie: Is there anybody here from the Prestige Care and Devlin Place Subdivision development? Council? Open for discussion are the (inaudible). Anderson: Mr. Mayor, is this four acres of park - I didn't read anywhere in there where - is that going to be developed or undeveloped or -- what's going to be the status on that? Stiles: It will be undeveloped. Anderson: So it will just be bare ground that they're going to donate to us. Stiles: Yes. Rountree: Isn't it five acres? Stiles: It's 4.6, once the street's taken out. The Developer of Devlin Place Subdivision which is just to the so~th of that park property is working with Tom and I think Gary to work on a pump station to irrigate the park as well as his subdivision. Corrie: Any further discussion? Hearing none I'll entertain a motion. MERIDIAN CITY C~NCIL SPECIAL MEETING • MARCH 1 Q 1998 PAGE 2 Rountree: Mr. Mayor I move that we approve the Development Agreement with Prestige Care, Inc., authorize the Mayor to sign and the City Clerk to attest. Bird: I'll second it. Corrie: Motion made by Mr. Rountree seconded by Mr. Bird to approve the Development Agreement of the Prestige Care, Inc., the Mayor to sign and the City Clerk to attest. Any further discussion? All those in favor of the motion say aye. All those not in favor say nay. MOTION CARRfED: All ayes. ITEM #2: DEVELOPMENT AGREEMENT FOR TURNBERRY SUBDIVISION N0. 1: Stiles: Mr. Mayor and Council, this Development Agreement was submitted by the applicant. Wayne has reviewed it and made some changes that I think are shown on your copies. It is quite a bit diffecent from our norrnal agreement in that fhey've taken out any reference to being able to shut off the water if they don't meet the requirements. The Quenzer's who still own a major portion of that forty acres plus or minus that was annexed had a big problem. They're just farmers they're not Developers. They were a little concerned that the wording in the agreement would encumber their property besides this one parcel and -- Wayne do you think this still covers us? Crookston: t think that it does because they are not going to get a final plat until all improvements are done so I think that we are protected. Sfiiles: They are going to totally construct those improvements prior? Crookston: That's correct. That's what Mr. Sherwood indicated and that's what the agreement states. Were there any specific changes to the one that you got yesterday? Stiles: I think John Knight just faxed me a copy of what he had sent to you because he hadn't sent me a copy yet. Bird: Is that the copy we've got too Shari, it just says draft on it? Stiles: Yes. Bird: Are these Wayne's words? MERIDIAN CITY C~NCIL SPECIAL MEETING • MARCH 10, 1998 PAGE 3 Bird: ts that the copy we've got too Shari, it just says draft on it? Stiles: Yes. Bird: Are these Wayne's words? Crookston: Well I think that the agreement itself needs to be changed pursuant to my changes. Stiles: Yes. Bird: You're saying that there needs to be more changes than what you've got on notes that I've got here? Crookston: I think that we need to have an agreement that does not show my changes we need to have those things taken out. Bird: I agree wifh you, I hate voting on a draft without something that I can read. Bentley: Shari, has the people seen this with Wayne's changes on it? They have not, then we don't know whether they're going to accept this. Stiles: No, if they haven't seen - Bentley: -- Then how can we vote on this? Corrie: Gan't, you can table it. Bird: I make a motion we table this until we get a draft and the devetopers get to see it and reply. Table it till April 7tn Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson that we table the Development Agreement for Turnberry Subdivision No. 1 until April 7th. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM #3: DEVELOPMENT AGREEMENT FOR ECONO LUBE SUBDIVISION: Stiles: Mr. Mayor and Council, did you get a copy of this Pat? McKeegan: Yes. ~ MERIDIAN CITY C~CIL SPECIAL MEETING • MARCH 10, 1998 PAGE 4 Stiles: I did receive notice from Mr. McKeegan today that the property has now been purchased by Rick Thomas of Wild Shamrock Development. They owned the property over where Rockets and Godfather Pizza, so he will be the name on this application other than that 1 don't know if there's objections or - McKeegan: I found a typo. Stiles: Typos I can handle. (Inaudible) McKeegan: Page 12. My name's Patrick McKeegan, I'm the architect representing the Econo Lube Subdivision and I guess just for the record as I had indicated I believe at our December 16th hearing where the final or the preliminary plat was approved or no, I can't remember which meeting, I indicated that there was - and I think Bob Mitchell backed me up on this that there was one of finro ways that the project wras going to go to meet our February 25tn deadtine, either Econo Lube was going to purchase the property or perhaps the ultimate investor was going to step forward and actually put up the money and I found out on Friday that that had happened and I've never worked with Mr. Thomas before so I don't know -- apparently he's done other work in the City that you're aware of but he's going to be the general partner of Wild Shamrock Partnership which is an Idaho general partnership and that information was faxed to Shari and should be reflected on pages 1, 6, 7 of the document where Econo Lube is indicated. Also, I have read through this and the only other item I found was on page 12, item Q, the second sentence, it reads - it should read lot having frontage on Fairview Ave., there's an "L" there now instead of a"V". I don't know why the spell check didn"t pick it up but other than that the agreement is pretty much as we drafted so I don't see any reason why Mr. Thomas wouldn't be in agreement with that and his agreement with Econo Lube is that he is going to be constructing all of the what we've been calling the off site improvements which are those public improvements, sidewalks, curbs, gutters, streets and actually he's quite anxious to get started to do that. He called me on Friday and again today wanting to know what the process would be for getting a permit so he's ready, able and willing to go forward with getting the work done and the Tuckness' are moving off of fhe property so Schuck's and Econo Lube will be ready to move forward as soon as we get our final plat signed. I'll answer any questions if you have any. We sincerely appreciate the City Council and the City staff s help in helping us get this project moved forward. I realize it wasn't probably the easiest process but we do appceciate what you guys did to help us. Thank you. Crookston: Shari, I have a question. Have they seen my changes that I had to exhibit "B"? MERIDIAN CITY CO~NCIL SPECIAL MEETING • MARCH 10, 1998 PAGE 5 Stiles: This - isn't this - this is the one -- this was with changes we made after we met? Rountree: Which changes are you talking about Mr. Crookston? Berg: This is dated 3/6/98. Crookston: Okay that's different than the one that I have right here in front of ine, I just opened my file, because that's dated 2/10/98. Shari and I have gone over this. Corrie: So everything is all right then? Crookston: Yes. Corrie: Any further discussion? I'll~ entertain a motion for the Development Agreement of fhe Econo Lube Subdivision. Rountree: Mr. Mayor, I move that we approve the Development Agreement with Econo Lube Subdivision with the changes to the reference of the Developer on page 1, 6, 7, the correction of the typo on page 12, authorize the Mayor to sign and the City Clerk to attest. Bentley: Second it. Corrie: Mofion made by Mr. Rountree and seconded by Mr. Bentley the motion that was stated. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: I'll take the liberty to add one thing to this if you don't mind, Gary would you tell them what we're doing here. Smith: Mayor and Council, Mayor Corrie and I met with Wert Edmonds and Ted Sigmont the developers of Packard Subdivision Monday concerning the construction of a sewer line and lift station to serve Packard No. 1 Subdivision and as you may remember and maybe for the new councilmen you may not be aware but there was a somewhat lengthy extension of a gravity sewer line beyond fhe boundaries of the first phase of Packard Subdivision to a 1ift station site near the south slew and near the east boundary of an adjacent property owner by the name of Vern Allmon. Up to this point the property owners developing Packard Subdivision, Wert Edmonds and Ted Sigmont, had been unsuccessful in dealing with Vern Allmon for an easement to cross his property to construct an extension of the south slew interceptor which would eliminate the need for the lift station. Tums out that fihis lift station is going to be about a MERIDIAN CITY CO~CIL SPECIAL MEETING • MARCH 10, 1998 PAGE 6 $60,000.00 cost for the developer. One of Vern Alimon's requirements to grant an easement was a guarantee from the City of Meridian that his property would not be annexed by the City of Meridian without his approval and this came before the Council prior to Councilman Bird and Councilman Anderson being seated and it was my understanding at that fime that the Council could not give him that assurance. As of today I guess, Mayor Corrie has received word from Wayne Crookston that the City of Meridian cannot annex his property without his approval because it is in excess of five acres in size even if it was surrounded by City limits. Crookston: If it were under five acres the City could annex if, so let's say that the City wanted to annex 4.8 acres of his property the City could but the City cannot annex it as long as it's over five acres, five acres or greater. Smith: Okay, his property is not bisected in half but it's separated by the south slew. He has approximately six acres I believe on the south side of the south slew and the remainder of his property is on the north side of the south slew up to Ustick Road. I think he has close to finrenty acres there total, I'm not sure of that number. He had a list of I think nineteen conditions for the developer to meet in order to grant an easement. This annexation or the non-annexation guarantee by the City of Meridian was one of those conditions. The developer is willing to, as the Mayor and I understand it, sweeten the pot with Mr. Allmon from monetary standpoint but he's still hanging onto this no annexation guarantee requirement from the City of Meridian without his approval and they have -- the developers have come dowm to a window of four or five days after three years of time within which they have to order the pumps for the lift station or get the easement under way with Mr. Allmon. So I guess what the Mayor and I are looking for tonight and Mr. Crookston can maybe phrase this correctly would be a written guarantee from the Council that his property would not be annexed, however it should be phrased, maybe the five acre needs to be inserted in that phrasally someway so that that particular condifiion of Mr. Allmon would be eliminated in the quest of the easement by the developers. Did I cover everything Mr. Mayor? Bentley: Mr. Mayor, point of information and I think the City Attorney needs to research this a~ little bit not to tie up this point that we're trying to get clear here but at the AIC seminar that we went to we were told that that is no longer the case fhat if it is surrounded thoroughly that the size doesn't make a bit of difference it can be annexed. Crookston: That was my feeling and I talked to Mr. Corrie about it and so 1 said that I would contact the City of Boise to see what they thought and I talked to a lady attomey today and she said that the way she reads the law is that you cannot annex anything if it's over five acres - five acres or over, right, thank you. But all I can tell you is that that's our understanding because I think that we previously have annexed in an annexation to include many or probably nine MERIDIAN CITY C~NCIL SPECIAL MEETING • MARCH 10, 1998 PAGE 7 parcels that were surrounded by the City and we annexed fhem all. Quite frankly I cannot tell you the size of any of them right now but we discussed - this attorney from Boise and I discussed that she felt that the law had been changed so that you could not do it even though the City totally surrounded the parcel. Bentley: That is not the information that AIC has given us. Crookston: That could very well be. Bentley: And like I said to tatk to the City of Boise to me has no jurisdiction over the situation anyway I think you need to research a little farther maybe call the A.G. and ask them for fheir interpretation because I would think AIC's got a little more background and information than the City of Boise does. Crookston: That could very well be. Rountree: I guess fhe point I would make is that I don't know that in history Meridian has annexed without owner approval as a normal practice with the exception of maybe some clean up annexations for small parcels that have been engulfed by the City. 1 don't know why we couldn't articulate our position to Vern and say that until such time he approaches the City for annexation we'll honor his request. Crookston: You could do that. Rountree: I don't have any burning desire to annex it without his approving it or bringing it to the City and I don't know why we couldn't take that position with him. Crookston: The only concern that I have about doing something like that is if something came up where the City did in fact desire to have a portion of his ground, let's say under five acres or under 4.999 acres and that for some reason it was beneficial for the City to annex it but that's not my decision that's yours. Rountree: Well I guess not to carry this any further but I would move that we instruct the City Attorney to prepare a letter for the City to indicate to Vem Allmon that per his request through the developer for the extension of the sewer line fhrough his property the City of Meridian honors his request not to annex unfiil he brings that to the City and approves it. Bird: Second it., Corrie: Motion's been made by Mr. Rountree seconded by Mr. Bird on the motion that was stated, do I have a diseussion? MERIDIAN C1TY CO~GIL SPECIAL MEETING • MARGH 10, 1998 PAGE 8 Bentley: My only question is are we going to open the door to trouble when the north end and some of the other areas we're headed to? Rountree: I guess I'd have a question about the question, that we wouldn't have an annexation path? Bentley: Right. Smith: I don't think so. I think you'd -- Rountree: At this point we already have a path that direction at this point Bentley: So we don't have ~ problem with it? Gorrie: I would Iike to see the verbiage about the state code in there but that's not with the motion. The motion was that you type up the letter. Rountree: I don't have a problem with that being added. Crookston: Well do you want me to check with the Attorney General and see what he says first? (Inaudible) Corrie: Any further discussion? Hearing none I'll entertain the motion as given. All those in favor say aye. All those opposed no. MOTION CARRIED: All ayes. Corrie: Okay this takes care of the special meeting agenda, with nothing else to corne before the Council I will entertain a motion for adjournment. Rountree: Mr. Mayor, I rnove we adjourn. -~ Bentley: Second. Corrie: Motion made by Mr. Rountree seconded by Mr. Bentley that we adjourn the special meeting. All those is favor say aye. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 6:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MERIDIAN CITY C~CIL SPECIAL MEETING ~ MARCH 10, 1998 PAGE 9 APPROVED: D. Corrie, Mayor ATTEST: illiam G. Berg, Jr., Ci y erk '`r```~~~~~~ ~t m ~~h~~~~,s ~~i °s ~ C` ~~~ ~` ~~},S ~ ~ r S~L x + , _ : y ~`~ : .~ ' Q~T /3~• ~~° ~ ~ ~ ,~. ~~''J~```(" ~ ~, ''''',~~~~~fliti~4~ ~~1ltN~,` \ , `~ `~ MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA TUESDAY, MARCH 10, 1998 - 6:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON CHARLIE ROUNTREE GLENN ENTLEY KEITH BIRD ~MAYOR ROBERT CORRtE 1. DEVELOPMENT AGREEMENT FOR PRESTIGE CARE, INC.: ~ ~ 2. DEVELOPMENT AGREEMENT OR TURNBERRY . UBDIVISION NO. '!: ~~~ee r~~~ ~~~-~ 7~ , 3. DEVELOPMENT AGREEMENT FOR ECONO LUB SUBDIVISION: G i~~~~~~ G!~/~C'~t~ir-G;~