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HomeMy WebLinkAbout00Nov21 CC Mtg MinsMeridian City Council Meeting November 21, 2000 Page 39 De Weerd: Well, at this point, this is better than what we have, which was nothing and they were doing even interpretation at that time. Anderson: Well, I agree. It's better than what we have, yes. Corrie: Question been called for. Mr. Berg, if you'll do roll -call, please. Roll -call: De Weerd, aye; Anderson, naye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE NAYE. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I would just like to thank Brad and extend the thanks for the rest of the committee. I know there's been a lot of time into this one, too. These were two really time consuming ordinances, so I appreciate staff and everything they did. Item 5. Public Hearing: The Lakes at Cherry Lane No. 8 Land Swap: Corrie: 1 can understand Ron's concern here, but we've gone through two public hearings now and everybody had a chance to talk. We could drag this thing out like Florida is doing right now. Not to be facetious, but we need to get along. I think we've got a fairly good ordinance here. If we've got some mistakes, we'll find out about it. Item No. 5 is a public hearing for the Lakes at Cherry Lane Land Swap. At this time, I will open the public hearing and staff comments. De Weerd: Mr. Mayor, I would like to excuse myself from this item, please. Nichols: Mr. Mayor, members of the Council. It's not typically my job to present anything as a staff report, so please forgive me. The Council has already entertained an agreement to enter into a proposed change of land with Steiner Development Corporation and Mr. Bradbury is here and can describe the properties involved. The appraisals have been done of the respected parcels and the proposal from Steiner trades dollar for dollar and value for value on these parcels, but the statute requires that any time City land is exchanged or sold, that a public hearing has to be scheduled for public input on the issue. It's essentially some property which the City now owns that is next to the golf course, which is not usable by the golf course. It can be exchanged for a piece of property that would be available to the golf course and also the developer would supply the pipe for some tiling of the — I believe it's the eight mile lateral that goes through there with the work to be done by Nampa / Meridian as part of their work, but it's a dollar for dollar exchange. That's really all I have. Mr. Bradbury is here on behalf of Steiner Development. Meridian City Council Meeting November 21, 2000 Page 40 Corrie: Mr. Bradbury, I'm glad to see you're here in Meridian and not in Florida. I had to get that in. I'm sorry. Bradbury: The fees they're likely to be charging, maybe I wish I was in Florida. Mr. Mayor and members of the Council, I'm Steve Bradbury. My office address is 225 North 9th in Boise. I represent Steiner Development — one of the two parties to the proposed exchange. As Mr. Nichols has explained, one of the duties of the Council is to hold a public hearing on the proposed exchange agreement. You'll recall that last month, in October, you adopted the exchange agreement that was presented to you. What I wanted to do just very briefly is to provide you with the background and answer any questions that you may have. You can see on the screen a map of the area of the exchange parcels and what I guess I will tell you — the way I will describe it is that the parcels to be exchanged from the City to Steiner Development are those two parcels — one that's marked in the orange and the other that's marked in the yellow. Then the property that would be exchanged from Steiner Development to the City is the one with the red dot on it. These are all, of course, in the vicinity of the proposed Lakes at Cherry Lane No. 8 Subdivision, which I understand, by the way was recorded today. There was an appraisal — appraisals of the three parcels were prepared last summer, I believe it was. Your staff has copies of those appraisals and I don't know if you have actually seen them or not. What I did is I made copies of the last page — the summary page of the appraisals so that she'd get an idea of the dollar amounts that are involved. I'll hand those to the Mayor. The result of the appraisal was to find that the parcels to be exchanged to Steiner from the City — that worked in total. The two together were valued at $10,476. The parcel to be exchanged to Steiner from the City was valued at $2,835, so that leaves about a $7,600 difference. To make up the difference, Steiner Development offered to provide to the City 152 feet of 48 -inch concrete pipe that would be delivered at a location designated by the City and unloaded. It could be used by the City then to bury the — a portion of the eight mile lateral in the vicinity of the golf course. Essentially, wherever the City found that it would do the most good. In order to come to determine whether or not that would be an equal value, Steiner Development got a bid from a supplier. I'll hand that to you as well. The way that was calculated, based upon the bid to deliver and unload the pipe, it was $51.35 per foot of pipe at 152 feet. It comes out to a little over $7,800. That then is about $200 more than the difference in value of the property so the City gets just a slight benefit in the values of the property and the pipe combined. As Mr. Nichols has indicated, the values then are equalized as is required under the statute. I might just point out why we're — part of the reason why we're going to all the trouble here. The properties that are to be exchanged to Steiner Development and that are presently owned by the City and used as a part of the golf course are really not particularly usable for the golf course. The parcel that's marked with the yellow dot is in between the proposed lots that are owned by Steiner Development and the eight -mile lateral. It's just too narrow to be of any particular use to the golf course, at least as I understand it. The parcel that is Meridian City Council Meeting November 21, 2000 Page 41 marked with the orange dot is about a 20 -foot wide strip of land and if you — we don't have it on the drawing here, but the lots that are directly to the east of the proposed — of this Lakes at Cherry Lane 8 Subdivision, the backs of those lots all extend about 20 feet further out than do the lots in No. 8. What you end up with is you end up with about a 20 -foot jog. By swapping that land into Steiner Development, you straighten out the — *** End of Side 3 *** Bradbury: -- out of the equation then is the parcel that would be conveyed to the City and it's my understanding that that has been piped. Is that right? Do you know? It's my understanding that it has been or could be piped and then could be used as part of the — it's adjacent to and could be used as part of the golf course clubhouse area and incorporated into those uses. The idea here is that both parties have an opportunity to make a little bit better use of the lands that the other party happens to own. With that, I'd be happy to answer any questions that you may have and of course, I'd urge the adoption of the ordinance, which I understand is before you tonight. Corrie: I guess my question would be to the attorney right now. Is Ward's participation been taken care of because they had an interest in this if something happened to the golf course. Is that taken care of? Nichols: Mr. Mayor, members of the Council. The exchange is contingent upon receiving consent from Western Ada and I don't believe that we've actually requested that formal consent yet, but I don't anticipate that it's a problem because it simply squares up some lines and they actually have the interest in the golf course itself, and so it's adding to that particular property. But it would be something that we would do as part of this exchange. Corrie: Any questions for Steve? Bird: I have none. Corrie: Thank you, Steve. Is there anyone else from the audience that would like to issue testimony on this? Hearing none. Any questions on the Council to anybody? I entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED Meridian City Council Meeting Nouefftw 21.2000 Page 42 Corrie: Can we do the ordinance? Nichols: Mr. Mayor, members of the Council. I don't know if I've actually got the ordinance in front of you this evening. It's not on the — I didn't realize I was that prepared. Bird: We're ready to go. Can we pass it? Nichols: But it wasn't on the Agenda, was it? Corrie: That's the only thing. We — was it on the Agenda to do the ordinance? Nichols: I don't see it on the Agenda. I just see the public hearing. We could certainly schedule it for the fifth of December and have the first reading. Corrie: Okay. I'll entertain a motion for that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we continue this adoption of the ordinance for the land exchange until December 5, 2000 and at that time have the first reading. Anderson: Second. Corrie: Motion made and seconded to continue the adoption of the ordinance for the meeting of December 5, 2000 for the first reading. Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I just had a question of Bill. I was reading through here really quick. Is there something in there that guarantees that the pipe has to be delivered and it has to be unloaded? What about damage? I used to work with that and it's not uncommon with that large of pipe that if that gets dropped too hard, it can damage it. Is there something in our agreement that guarantees it's got to be in good condition after it's unloaded? Nichols: Councilman Anderson, Mayor, members of the Council. It's my understanding that that — in order to be the appropriate value, it has to be good pipe. It can't be broken pipe. So yes. I would say that it's in there. Corrie: All those in favor of the motion say aye. Meridian City Council Meeting November 21, 2000 Page 43 MOTION CARRIED: THREE AYES, ONE ABSTAINED. Item 6. FP 00-019 Request for Final Plat approval of 3 building lots on approximately 5 acres by Bill Cafarelli for Cafarelli Subdivision currently in an I -L zone — north side of Franklin Road and west of Linder Road: Corrie: The next item is the request for Final Plat approval — 00-019 for the Cafarelli Subdivision currently in an I -L zone — north side of Franklin Road and west of Linder Road. Staff comments. Stiles: Mr. Mayor and Council, this is for a three -lot subdivision located in an industrial zone that's west of Linder Road on Franklin Road. We have submitted our comments dated November 20th. The applicant's representative has responded. Just for clarification, a couple of issues. They did submit a revised landscape plan today. However, that plan is not approved and I have specifically talked to the owner of the property as to what we need to do and we believe we can work out that issue prior to signature on the Final Plat. You probably have copies of that landscape plan and some of the issues were that the fencing is shown in the center of the eight -mile lateral and they also have extensive landscaping that's within that eight -mile lateral easement. All we were asking for was just the landscape corridor along Franklin Road and that each of the lots as they developed would be responsible for their own landscaping in accordance with the Landscape Ordinance. We will work with the applicant on that. They have submitted a revised plan of their covenants. I'm not sure if the attorney has had the opportunity to look at these covenants. Note on page 6 of what they've submitted, I still had a little question about they've got a minimum lot depth of 12.8 feet and I'm not really sure where that came from. The minimum building flanking street setback in that zone would be 30 feet, so as long as they can revise that to comply with our current ordinance, we have no objections to approval of the Final Plat and would recommend approval with staff conditions. Corrie: Is the representative, Mr. Cafarelli here? Do you have any difference in opinion? Cafarelli: No. We would agree with what Mrs. Stiles has said. Corrie: Okay. Thank you. Council, any questions? Bird: I have none. Corrie: Thank you. With that in mind, I'll entertain a motion on the Final Plat approval. Bird: Mr. Mayor. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 21, 2000, for the purpose of reviewing and considering the property exchange between The Lakes at Cherry Lane No. 8 and the City of Meridian. A more particular description of the above is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this October 30, 2000 PUBLISH November 3"d and 17th, 2000. WILLIAM G. BERG, JR. CLERK Orr ��'\`\1\+�N1tFgfflt►illt++l �r�4. SEAL - 9 T19'�• 1 Letter of Transmittal Mr. Doug Cambell Steiner Development Page 3 Based upon the physical inspection of the subject property and the information provided, subject to the Assumptions and Limiting Conditions set forth as of August 9, 2000, the market value of the Fee Simple Estate of the subject property is: Value Calculations: Parcel A Site Size 0.14 acres Q $27,000 = 33,780 Less Easement: @ 25% 32,835 INDICATED VALUE OF PARCEL A.................................................................................. $2,835 Value Calculations: Parcel B Site Size 0.1I acres Q $27,000 = $2,970 INDICATED VALUE OF PARCEL B....................................»............»............................... $2,970 Value Calculations: Parcel C Site Size 0.278 acres 4 $27,000 = $7,506 INDICATED VALUE OF PARCEL C...............::................................................»».............. $7,506 I trust you will find the information contained in the report relevant to your decisions regarding the subject property. Should you have any questions regarding this report, or if I may be of further service to you on future projects, please contact me at your convenience. Sincerely, LANGSTON-WILLIAMS, INC. i Timothy P. Williams Idaho CGA#193 Cl � `� 0 V 2 12000 as a a a 1qWV4W a a e dwtsion of O punaAxax' tc 16419 Ten Lane Nampa, ID 83687-8243 (208) 465-0176 Fax 465-7129 COQuoteNTRACAND PROPOSAL Quote No: 0005194 Steiner Development "few to th4s ■ ab r Job Title: The Lakes 0 Cherry Lane #8/Meridian Location: City of Meridian Attention: Doug Campbell Item Number Qt7y U J'FT PH48C763 56 uescription On All orders Date; 08/22/00 Bid Date: 08/22/00 Page 48"X8'C76 III Hawkeye This price is good for truck- load quantities(56'/load),FOB Meridian, customer to unload. Add $2,00/ft, for us to unload 1 OF 1 nit rice 49.35 FOB JOBSITE Ship Via: AMCOR Taxable Terms: Net 30 Subject to Credit Approval/Band :AIPORTAXT: This quotation is based on the conditions outlined on the reverse side. Items and Quantities shown are the basis for this quotation and we are not responsible for any discrepancies between this list and actual 'items or quantities. Quotation L. Valid Per 30 Day. (Accepted by) 77 Todd Lundquist By: (Positron) (Date) N I N 2 1 2000 Y OF ?4 1.JVilV �..I LIa�.V�VJ rdgu1Uii XlIdaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 14 CONVEYANCE OF PROPERTY 50-1403. ORDINANCES -- NOTICE OF PUBLIC HEARING. Real property belonging to a city shall not be sold, conveyed or exchanged except by ordinance duly passed expressing an intent to sell, convey or exchange, nor until public hearing is held before the city council. The ordinance expressing an intent to sell, convey or exchange real property shall specifically describe the property to be sold, conveyed or exchanged. No sale, conveyance or exchange of real property as set forth in said ordinance shall occur until sixty (60) days have expired from the date of passage of said ordinance. If a petition expressing dissatisfaction with said sale, conveyance or exchange of real property, containing the names of qualified electors of the city in a number equal to ten percent (10%) of the total votes cast for mayor at the preceding city election, is filed with the city clerk during said sixty ;60) days, the city council shall cause a special election to be held on the question of whether or not the real property shall be sold, conveyed or exchanged. If a majority of the qualified electors voting on the question are in favor, the real property may be sold, conveyed or exchanged. If a majority of the qualified electors voting on the question are not in favor, the real property may not be sold, conveyed or exchanged, and the city council may not again propose to sell the same property for at least six (6) months following the date of the special election. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=500140003.K 11/20/00