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HomeMy WebLinkAbout99Jun22 CC Spc Mtg MinsMERIDIAN CITY COUNCIL SPECIAL MEETING JUNE 22, 1999 The special meeting of the Meridian City Council was called to order at 7:30 p.m. on June 22, 199 by Mayor Corrie. MEMBERS PRESENT: Keith Bird, Ron Anderson, Charlie Rountree, Mayor Corrie (Glenn Bentley, absent). OTHERS PRESENT: Gary Smith, Kenny Bowers, Shari Stiles, Bill Gordon, Bill Gigray, Will Berg. 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION INC.--4200 TALAMORE BLVD.: Corrie: Staff, any comments at this point? Stiles: I don't, no. Corrie: Is the representative for the applicant here this evening? Have you had a chance to look over all the Findings of Fact and Conclusions of Law that has been presented to the Council? Unidentified: Mr. Mayor, Councilman, we have not received a copy of those. Rountree: Mr. Mayor - Corrie: I know it's not a public hearing but I just want to know if there are any questions about it. Is that wrong, right? Bird: This is a conditional use and - Corrie: We have Findings of Fact and Conclusions of Law and if there's anything in that that they - Gigray: In my recommendation we don't open because otherwise you're accepting testimony and comment. This is all deliberation at this point. Corrie: Okay, gotcha. Gigray: If you decide after looking at it, the Council decides they want to get more information before they make a final decision then someone would move to re-open a public hearing. The only problem you'd have then is that you would have to give notice to everybody because there might be people that would be on different sides of the issue that wouldn't be - Meridian City Council Special Meetir~ June 22, 1999 Page 2 Corrie: You're right, thank you. Okay, Council you have the Findings of Fact and Conclusions of Law in front of you with the decision in order, any comments? Gigray: I might, Mr. Mayor, a point of information since I as the City Attorney as directed by the Council to draft these just aquaint the council with the Findings in here have pretty much set forth that information that was before you with regards to the type of application that this is, the particular city ordinances that apply, I would also point out that in section 15 is the specific references and Findings of the Council relative to the fact that the application is in conformance or compliance with the Comprehensive Plan which is one of the conditions regarding the granting of a Condition Use Permit and those citations of course are the specific references in your Comp. Plan which you take judicial notice of since it's your own Comp. Plan, of those provisions relative to the development of the golf course of which this is proposed here very consistent with and then as you will see in the conditions that are included in the order, I believe that the concerns that were raised had to do with the concern over the sidewalk and I have provided in there and I had it a minute ago what did I do with it - Rountree: On page 12. Gigray: (Tape shut off) Yes, 1.8 was that afive-foot sidewalk in accordance with City ordinance and then there's a reference to the ordinance, along the entire frontages of West Tatamore Drive and West Harbor Point Drive was I believe part of the motion that was made so that's been included, and then the other issue had to do with the timing of the temporary clubhouse and that's in 1.20, and this condition provides that a temporary clubhouse shall be used for a period not to exceed seven months from the date of this order and prior to moving the temporary letter of credit and then we have provided an amount of $500,000.00 which was the amount mentioned at the City Council meeting and I have included that and as a condition if you said in an amount not more than $500,000.00 then the issue can be $500,000.00 all the way down to zero and the number as I remember the discussion, the decision of the Council was at $500,000.00 so that's why I put it that way. The other points and conditions contained in there were those that were recommended by the Planning & Zoning Commission and the specific reference that I remember in the motion was to those two points. Corrie: Okay, thank you Mr. Gigray. Mr. Rountree? Rountree: I have no questions. Mr. Gigray did incorporate the language that was suggested and took care of the issues that I had. Given that, Mr. Mayor I would move we approve the Findings of Fact and Conclusions of Law and decisions and order. Bird: Second. Meridian City Council Special Meeting June 22, L999 Page 3 Corrie: Motion is made and seconded that we approve the Findings of Fact and Conclusions of Law. Any further discussion? Hearing none. Roll call vote. ROLL CALL VOTE: Mr. Anderson -yea, Mr. Rountree -yea, Mr. Bird -yea, 1 absent. MOTION CARRIED: ALL YEAS, Corrie: Motion is carried, Finding of Fact and Conclusions of Law are approved. Rountree: And that does include the Conditional Use Permit. Unidentified: Mr. Mayor and Councilmen, I appreciate it very much. 2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA RIDGE ESTATES: Corrie: Mr. Clerk, I understand you have a signed Development Agreement, is that correct? Berg; Mr. Mayor and Council, that is correct. The copy of this in your packet is a signed Development Agreement by the applicant. Gigray: Mr. Mayor, point of information. Shari had indicated to me some concern with the format of this development agreement and I just want to report to the Council that this is one of these which was one that has not been done in the course that we do them now and it's kind of trying to go back and revisit history and is one that I think was anticipated to be done a number of years ago, in fact I believe there were two former drafts that were proposed, the last one in 1997, neither one of them having been signed, we received a phone call from the Developer's attorney saying that they were going to be in town for a short period of time and so I've given instructions and reviewed a draft of this and then gave some instructions to include in this Development Agreement the specific provisions of the Council's action and Findings of Fact in the granting of this particular development. My secretary got concerned that some of the provisions which were in the 1997 Development Agreement were not included in the draft that I have prepared. I was in transit to the Idaho Trial Lawyers annual meeting of which I'm now an officer and so this Developer appeared and signed the agreement. I think Shari would explain what her concerns are, that there are some provisions in the 1997 agreement which is appended to this document as exhibit "D" which are not necessary, you might want to hear what she has to say about that, we may want to hold further action on this and make some changes on it and then re-submit it or if you say we're willing to sign the agreement without certain portions of this on here then we'll need to re-submit it back to the Developer for their signature as it's changed because we won't have a signed document that everyone agrees to unless it's a signed document and the process