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HomeMy WebLinkAbout00Feb01 CC Mtg MinsMeridian City Council Muting February 1, 2~ P~qe 3 Corrie: Okay. Motion is made and seconded to accept the Consent Agenda with the exceptions as noted, Items D, F, I, J, K and L. Further discussion? I have one thing, Mr. Bird. On item C and the dog license agreement - do you want to - we don't need to pull it. We discussed i# earlier. Bird: Are w® going to take that - I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll-call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, Inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Gerry Mattison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated on if we looked at the Council minutes of June 15"', and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to glue Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It N~ridian City Council AAe~ing F~nuu'y 1 ~ 2000 P~ 4 just references your file number, and we just added that it's a conditional use permit as may be amended from #ime to time just to reflect the fact that we're in that process now in Doming to the City over the next month or so to request an amendment. tf that happens, then, obviously, the permit would reflect that amendment. I think -not to put words into Mr. Mattison's mouth, the bank is in agreement with the sligh# modification. 1 would hope the City is, too. If so> we're asking that the City approve the agreement, and we'll get it signed and go on: Just on a practical note, if the Council does decide to approve the agreement as slightly amended, could you just explain to us the process: when does the City sign it? When should we come to pick it up to circulate it for signatures ourselves so that we could in turn get it back to the City? With that, if there are no questions or if there are any questions, I'll be glad to answer them and Gerry Mattison can as well if you have any. Bird: I have none. Cowie: Council, questions? McCandless: I have none. Anderson: Mr. Mayor, I have none. Cowie: I guess to answer your question, if the Council does approve the request for the agreement, I don't think (inaudible) problem as far as the City signing it; what is your time schedule, do you know how long it's going to be for the other two to sign? Butler: Unless the - we talked to the Bank's attorney, I think unless it has to go to the Bank outside of Meridian, and I'm not sure of that, but I think i# could be signed within just a few days. Cowie: Okay. Council, do you have any problem with the addition of "as may be amended from time to time" on Item 2.1? Anderson: Mr. Mayor, I'd just like to ask our legal counsel whether that would be appropriate language or whether #hat would cause us any problems. Nichols: Councilman Anderson, Mayor and Council, the proposed amendment simply avoids the necessity of coming back with an addendum or an amendment to this agreement if you happen to grant an amendment to the conditional use permit. You're not obligated to, you're not presupposing the facts that are going to come before you on that amendment. It's just simply clean-up, if you wilt, that because there is a pending amendment to the CUP that you don't have to come back in and authorize the change to this agreement. As a further note, we can N<Bridiart Cry Caincil iUle~ir~g February 1, 2000 Page 5 have this amended language and the agreement ready for pickup tomorrow if you so approve it. Currie: Any other questions? Bird: I have none. Item 1A. Agreement between the City of Meridian, Idahp Independent Bank and Cherry Lane Recreation, lnc.: Corrie: Okay. item 1A which would be the agreement. If everyone is satisfied with the agreement as it's read with the addition of the words ~as may be amended from time to time" in Condition 2.1, I'll entertain a motion. Bird: Mr. Mayor, I move that we approve the agreement with Cherry Lane Recrea#ion, Inc., and the Idaho Independent Bank with the one addition on 2.1 under definitions, Page 3 at the end is uas may be amended from time to time" and for the Mayor to sign and the Clerk to attest. McCandless: Second. Cowie: Okay. Motion is made by Mr. Bird, seconded by Mrs. McCandless to approve the agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., with the addition of definitions, Item 2.1, adding the words after CUP 99-009, "as may be amended from time to time." Is there any further discussion? Bird: I have none. McCandless: I have none. Carrie: Okay. With tha#, 1'll take roll-call vote; Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Currie: Let's just hope that that takes care of this. We've been an this trail for a long time. Glad to see it's come to where it's at. Thank you, JoAnne. We'll have that, like the attorney said, we'll have that tomorrow, and I'll sign it, and the bank can sign it, and the Clerk can sign it, and we'll be all set to go. Thank you for your time and patience. It's a long haul.