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HomeMy WebLinkAbout00Mar07 CC Mtg MinsMeridian City Council Meeting March 7, 2000 Page43 Corrie: Motion made and seconded to table the request for preliminary plat until March 21St. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. It looks like most -raise your hands for who is here for the next one. The hour, we may have a little longer than 10:30, so I would like to take a five-minute break and have a discussion with Council and see what they would like to do with the public hearings after 13. We may table those until the 21St. So stick around for just a minute and we'll find out. I'll entertain a motion for afive- minute break. Bird: So moved. DeWeerd: Second. Corrie: Motion made and seconded to take afive-minute break. All those in favor say aye. MOTION CARRIED: ALL AYES (Meeting reconvened at 10:23 p.m.) Corrie: Okay. I'll call the meeting back to order. Let me see a show of hands - anyone here for Item No. 18 on the public hearing? That's the Records East Subdivision. Other than one. Okay. Council, we're going to hear the requests 13, 14, 15, and we're going to hold public hearing 16 and B and 17 until the 21St because those are going to be rather lengthy. Council has a lot of questions on those. Then we'll finish up the others very quickly so we're not here until three o'clock in the morning. So anybody that was here for 16 and 17, we'll hold those the 21St. Okay. Item 13. Public Hearing: CUP 00-008 Request for conditional use permit for time extension of temporary clubhouse by Cherry Lane Recreation, Inc. - 4100 W. Talamore: Corrie: Okay. We're on No. 13 now, the public hearing on the request for conditional use permit for time extension of temporary clubhouse by Cherry Lane Recreation, Inc., 4100 W. Talamore. At this time I'll open the public hearing and hear from staff. Hawkins-Clark: Mayor and Council, I'll simply refer you again to the site here on the screen. I believe you're all familiar with this one. Actually directly apply to the issue of extending the issue of the time extension on this, but I believe there has been submitted for the record a memo from the City Clerk, Will Berg, Meridian City Council Meeting March 7, 2000 Page44 regarding some of the financing issues. Again, here is the location of the temporary clubhouse and the permanent clubhouse. Temporary being here and permanent here. We can't resist showing you the sewer truck either. Thank you. Corrie: Okay. Since this is a public hearing, let me make a comment first. Have you got all the - ~** End of Side 3 *** -- three parties, Wilt? Berg: Mr. Mayor, Members of the Council, I have that agreement in our hands. We are getting it recorded, but all three parties have signed the agreement as of last -whatever the date of my memo was. Thursday or Friday. Corrie: Good. That will cut the time considerably. Okay. It's a public hearing. The developer first. Spink: Mayor, Council, Michael Spink, 101 South Capital Boulevard, Boise, for the applicant. I couldn't possibly know as much about this application as any member on the Council, but I do know that all we're talking about was a request for a change to condition 1.20 in the conditional use permit that was granted Isat summer for an extension for six months. Planning and Zoning Commission recommended approval. The only comment I would have is that we would ask that the extension commence at the point that the Council entered any formal order to that effect. Corrie: Okay. Spink: Any quiestions? Bird: I have none. Corrie: Anyone else like to issue testimony for this conditional use permit request? Okay. Margulieux: My name's Gordon Margulieux. I live at 2040 Interlachen. I guess I want to say a little bit longer, I could say good morning, but it's still good evening. I just want to come out right oft the bat and say I am for this extension, I am for the new clubhouse. I would like to see it completed, and so I just want to make that clear. I'd also like to ask what we're voting on, because I'm kind of confused. The letter I received in the mail said that we're voting on the application that was submitted. It was submitted on Decembe 29t" of 1999, and although what we're talking about is an extension, what the application is asking for is an extension of six months as soon as the agreement, the letter of credit, the developer has already conceded that he'll accept the letter -the six-month Meridian City Council Meeting March 7, 2000 Page45 extension from the time of your approval which is actually the recommendation of the Planning and Zoning which is different than they had said because their recommendation is that they approve the conditional use permit as requested by the applicant. The applicant requested it from a letter of credit which is still a moot point because their bank has already said that the letter of credit is already there. All we have to do is approve this. But it also covers aconditional - it also modifies the existing one to allow the immediate occupancy of the trailer that's already been there for five months. The trailer which is illegally placed at the new section already was not supposed to be there until the letter of credit was signed. That's already been recognized by the Planning and Zoning in a letter on the 8th of February this year which said that it was there when it wasn't supposed to be there. It wasn't supposed to be there until the letter of credit. It's been there -not only has it been there, but they've been using it, and you can go there tomorrow and have lunch there because they're serving food out of it, too. They have no permit to have it there. We're actually asking not for an extension, though. The conditional use permit ended on the 22"~ of January of this year. That's when the seven months ended. I'm not sure if this is really an extension since the conditional use permit has already expired. But we're asking not what the City Council had agreed to back in early July, actually late June, was seven months. They had asked for six. They were given seven, and they said they would have it out in seven months. It's been two months since it's expired, a month and a half ago. So, actually what they're asking for is an eight month extension of a deadline that they were given already which makes it a total of 13 months that they were working out there when they said they were only taking six and you gave them seven. So I'm not quite sure what we're voting on. Are we voting on an extension on something that's already expired? Are we voting on a six-month extension or an eight-month extennion? Are we voting for the applicant's request of the extension from the day of the letter of credit or as the recommendation, the real recommendation which is in the minutes of Planning and Zoning which is to delay it - to have it extend from the day of your approval. So I'm not sure what we're voting on. The reason I'm concerned about it is when I read the agreement, I read the agreement that you guys signed at Council - signed for the bank, and one thing that concerns me is that although you agree on certain things, there is no dollar amount listed over there. So you're basically signing an almost blank check over there because what it is, it's for improvements, capital improvements which we were told back when they asked for the conditional use permit that the money to build a house was there. The only thing they needed was a loan for the letter of credit. This agreement says that it's for -that the money can be borrowed on not just the letter of credit, but also on capital improvements. So it's not $500,000. It could be a lot more. Whatever it takes, because we don't know. That's a private business. So those are the types of things that I'm concerned about. What are we voting on? I'd like to see it clarified a little bit. Just where we sit in this whole thing. Any questions? Bird: I have none. Meridian City Council Meeting March 7, 2000 Page46 Margulieux: Thank you very much. Corrie: Any one else? Okay. There's no one else testifying? Does the applicant want to say anything after that? Probably hear what the motion will be very quickly. Spink: No comment. Anderson: I would make a motion that we close the public hearing. Bird: I would second that. Corrie: Motion made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain amotion -let me state something first. We've got the letter of credit ready to give to us, been signed, the agreement has been signed, Cherry Lane has signed their part of it, City has signed their part of it, bank has signed their side. Cherry Lane wants to get going with this clubhouse, last I heard it was, and we do, too. They've got to have a place to have people come out there while they're bulding it, so I would ask the Council to kind of take that into consideration when you make your motion and put this thing to bed once and for all, and let's get on with it and get it (inaudible). Bird: Mr. Mayor. I'll try to make a motion that will be acceptable, I hope. I move that we extend the conditional use permit for the extension of the temporary clubhouse at Cherry Lane Recreation, Inc., for eight months, and in that same time maybe we'll have the new one up and running within eight months. Anderson: I second that. Corrie: Thank you. Motion is made to extend the conditional use permit to include the temporary clubhouse to be for eight months at which time the clubhouse will be built and the temporary clubhouse will be gone. I added that. I guess I shouldn't take liberties. Okay. Any discussion? DeWeerd: Mr. Mayor, just a point of clarification, that eight months would be after the official signing of the extension? Bird: After the enact -when they get their building permits. Corrie: It'll be March 21st when we vote on (inaudible) Meridian City Council Meeting March 7, 2000 Page47 McCandless: Mr. Mayor, does this include -does that motion include full use of the temporary clubhouse while it's being built? Bird: Yes, ma'am. Corrie: They get water and the whole thing. It'll be after the Council approves the Findings of Facts and Conclusions of Law that the attorney draws up for the 21St. Any further discussion? McCandless: Mr. Mayor, is there any possibility that there's any other - I don't know who to ask this, maybe to legal, that there would be any other hurdle that they would have to go over before the 21 st7 Corrie: No. We just have to approve it. McCandless: Thank you. Corrie: I take that back. We've got an attorney (inaudible). Mr. Attorney. Rossman: I'm just looking at my notes from talking with Bilt Nichols this afternoon. I understand that the applicant is anxious to begin on this and we've already directed our staff to begin preparing Findings. We would have those Findings available for the March 15~' special meeting if you prefer to get this rolling, or we can set it over for the 21St. Whichever you - Bird: Bring it the 15tt'. Corrie: 15th, that's a meeting with the sewer? That's a special meeting. Bird: We're having an executive session, too. Corrie: You'll have the Findings of Facts and Conclusions of Law for that meeting? Rossman: We'll have them the Friday before at the latest. Corrie: We can do it the 15th. Okay. Any objections to that? Bird: No. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES