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HomeMy WebLinkAbout96Jul10 CC Mtg MinsMeridian City Council July 10, 1996 Page 70 - Morrow. Or the extension doesn't need to be more than 90 days or 180 days that is all we do. Smith: I will talk to Brad Miller and see when he is going to connect that temporary septic tank to the sewer. Rountree: You will get a reaction anyway, you should get something. Crookston: When they not use that septic system anymore can't we convert that to a little pool a little swimming pool. (Inaudible) Smith: I dropped another little memo in your box concerning Ashford Greens Subdivision. A year ago or more I wrote a letter which is attached to that memo and it concerned the construction of Ashford Boulevard from Black Cat into what would be the new club house location. There was concern at that time that the club house would be built before the next phase or a phase of Ashford Greens that would be built that would include the construction of Ashford Boulevard. Thereby eliminating access or not providing access to the club house. So, a condition of approval that was placed on the Ashford Greens No. 1 development plans that this developer enter into an agreement with Wally Lovan outlining a time line as to construction of either the club house and or the boulevard so that the two would coincide with each other. The club house wouldn't be built ahead of Ashford Boulevard. That agreement was never written, was never obviously signed. Now the developer is requesting that we release those development plans for Ashford Greens No. 1 without this agreement. Their claim is that Ashford Greens No. 2 which is the one that the amended findings were approved for tonight will be built well ahead of the Club house and Ashford Boulevard would be part of that project. So Ashford Boulevard would be built to the club house long before the club house is built. I haven't heard anything about the club house at all. ~ don't know what its status is, if it has a status I don't know. I am a little hesitant to release those plans because of this request that was made at the time that Mayor Kingsford was here. That was part of the approval for phase 1 or one of the conditions of approval for phase 1. I can believe that if Ashford Greens or Brighton Corporation moves ahead as they are moving right now that number 2 the multi family or the higher density development would exist before the club house but I don't know that. Things can happen between here and there that may fall apart. The golf course continues and the golf course is built and the club house pops out of the ground and Ashford Greens No. 2 is still not constructed and Ashford Boulevard does not exist. So how do you get to the club house. That was the reason for the agreement or the request for the agreement. Corrie: Gary you said there was no signed agreement? Meridian City Council July 10, 1996 Page 71 ' Smith: I have not seen a signed agreement between the lessee of the golf course and Brighton Corporation as to when. things were going to be done. Morrow. Mr. Mayor, with respect to this Ashford Boulevard, essentially the common sense thing is the club house can't be built until after Ashford Boulevard is put in. So it appears to me that and I don't really know and I am not familiar with what the need would be for agreement with Mr. Lovan given what we did tonight in terms of giving a revisionary clause or side agreement to Mr. Turnbull concerning the fact that we would have the golf course and would be maintained at a certain standard over a ten year period. It seems to me like how we solve this is to get out the catch 22 or constant circle is we simply request for Mr. Turnbull a letter committing to build Ashford Boulevard through phase 1 and 2 as he has indicated he is willing to do. He has indicated he is willing to build the street but if we are not going to release the deal until, it seems like it is fair to ask to have a letter from him stating the same thing that we have committed to as a City. Bentley: Does that mean we get the attorney to draw up some more findings (inaudible) Morrow: No Smith: I guess I don't follow what we have committed to as a City. Morrow. Well we committed earlier tonight to a revision to a side agreement for revisionary position in terms of ten years of constructing the golf course. He wanted the assurance from the City that we were in fact going to construct the golf course. So we committed to that. What I am suggesting to you is that we want a commitment from him that he is in fact going to construct the road within a one year period of time or whatever it might be. He has indicated that he is ready to start construction in the very near term, obviously from Mr. Lovan's standpoint my suspicion is his position is I can't commit to a club house until I have a road to get to it from it. It is kind of a fair position I think. Smith: I think the intent of my letter in 1995 that they come to some kind of an agreement that they are going to do certain things by a certain time. Morrow. At this point how does that affect Mr. Lovan? Smith: It was my understanding that he was committing to do, committing to build a new club house on the basis of the completion of the number of the second nine holes. Now I don't know what the terms of that agreement are, if they are written if it is verbal. Morrow. No, there is nothing that I am aware of that is in writing. The premise has always been and I understand it verbally that yes he has committed to building a club house but Meridian City Council July 10, 1996 Page 72 " once the second nine is in and operational and once he has a road to get to his site. Smith: Well I guess that wasn't the way I understood it because I wrote that letter. I don't think the tone of that letter reflects that concept. It was my understanding that these two things have to happen together or if one happened the other one needed to happen close by. Morrow: Obviously from one direction that is true, you can't build a club house without a road to get to it. I am not aware of any written agreements that exist anywhere other than verbal positions are that you have to have a road to get to there. You have to have the second nine up and operational. Corrie: So can't you v+rork backwards (inaudible) Ashford Boulevard has to be done by that time. Again you still haven't any guarantee that the clubhouse is going to be built then either but at least you have the road to it so you can build it. You have to have the agreement I think that is what Gary is saying. Morrow: His agreement, what I am suggesting is that we get the commitment from Ashford or David Turnbull that he is going to build the road within that time frame he is suggesting he is going to do that. Then all of a sudden we as a committee go to Mr. Lovan and the road is July 1st let's see the plan start on the club house. I don't know Gary, from my perspective the agreement from Mr. Lovan and Mr. Turnbull does anything in particular. I think what we really want is the road there. From the standpoint of the developer of the golf course it would be nice to have the entire road there to begin with. tf they are going to build Ashford Greens No. 2 prior to No. 1 they have to build through 1 to get to 2. (inaudible) gets them to the site. Smith: They v-rould build number 1 first that would be part of Ashford Boulevard would built with number 1 subdivision. Morrow: Are they asking to build number 1 is that the point? Smith: They are asking for me to release their development plans which I have had for some time approved and I have been waiting for this agreement. Which I asked for in that letter after talking to Mayor Kingsford at that time that was a condition that he wanted attached to Ashford Greens No. 1 so I attached that condition to it. I never received that agreement so I haven't released those plans. Of course they want to build No. 1 subdivision and they are hammering on me to get those plans. I keep saying well how about the agreement. Their return comment is we are going to be building No. 2 subdivision in short order and Ashford Boulevard is going to be part of No. 2 subdivision and the thing is going to be to the club house site as part of the no. 2 subdivision. Meridian City Council July 10, 1996 Page 73 Morrow: So why don't they just give is us a letter in writing and give us a date when that is going to be done. Crookston: (Inaudible) a bond to do the road. Smith: I can request anything that you would like me to request. I am just trying to have them live up to what the original conditions of approval were. Dealing with Brighton it is getting harder and harder to get them to live up to what they said they were going to do. We are still battling to get a deed for the golf course property. Crookston: (Inaudible) Smith: I can do whatever you like. Morrow: I think we need, the key to the whole program here is getting the road in. I think where we are here, we gave them something tonight in terms of commitment on our part I would like to see something come from them in terms of commitment on the road. From my perspective as a member of the golf course committee I want to see the road to the site and then my next question to Mr. Lovan is okay, let's see the plans or let's be getting after it. Let's do whatever we are going to do with the club house. Rountree: (Inaudible) Crookston: The problem with the bond is that it doesn't get the road built it puts the funds there but if they still don't do it then we have the problem of going after the bond company to get it done which is very difficult. Corrie: And time consuming too. Morrow. Yes that can be (inaudible) Corrie: I have a suspicion that we need to get something in writing on this road and I think that is what (inaudible) I have some awfully uneasy feelings about this whole thing. But if want to have them give us a letter that the road will be in by a certain time hopefully by the time we get the back nine in that is where it will be and if he doesn't agree to that then back to square one. Crookston: There should be dates. Corrie: That is what I am saying. Meridian City Council July 10, 1996 Page 74 Crookston: Not when such and sudh is done. Corrie: What I am saying is we need to go back and say by I don't know when will it be done? Morrow. We will be ready for seeding by first of October somewhere in there. Obviously it is my understanding that those things aren't playable for a year. Corrie: (Inaudible) be constructed by that time and done. (Inaudible) because he can write a letter but there is no (inaudible)> Rountree: I guess my question is was what you are talking about in your letter actually an original condition or was that just something that the previous Mayor pulled out of his hat and said we were going to (inaudible). Bentley: If it is not a condition then we just stop (inaudible) Rountree: I think if it is an actual condition of the plat then hold up on the plans. Corrie: That is what my question was, was that signed agreement actually a signed agreement. Smith: No, there never has been an agreement. Corrie: An agreement between Kingsford and David Turnbull that they do that but it was never done. Now what is to say it wasn't done (inaudible) so we have no leverage there either (inaudible) October 1997 and if you don't what? Morrow. Wetl that is a good point, if you don't what is your hold. Tolsma: The same thing that you got Leavitt New Pacific the first time. Morrow. At this point finding out this information we can't tie it to the approval of phase 1 or phase 2 because those things have already been done. I guess could you tie it to or simply state that there is no further approvals of future phases until it was done. Of course if the market was bad what would he care. Crookston: I think the other thing that right now that you need to be concerned with. is you want to get the deed to the golf course so that you can get the golf course constructed and the ability to get it constructed anyway and then deal with this problem with Ashford Boulevard. Meridian City Council July 10, 1996 Page 75 Morrow. I agree 100% I think that the approach is that vre are not going to do anything with Ashford Boulevard or those plans until we have deed in hand. That is an extra incentive that in terms of having it done by the 16th. And then once we have deed in hand then we discuss one agreement is a fair return for the other agreement. We gave him a ten year guarantee with revision they need to give us a guarantee on the road. Does that help? Smith: Yes thank you. Rountree: (Inaudible) Smith: Thank you, I received a fax today from Scott Edens at Albertson's concerning extension of sewer and water lines across their property to Lovan's property. His background I guess he is an attorney but I am not sure, he writes, we have issued three stop work orders on him out there for various reasons and of course they have taken exception to that. Nevertheless they have agreed to build an inch and a half water line to Lovan's property where they said they were going to to originally build it. They have agreed to extend or Scott Eden's has agreed to extend a four inch service line from the end of their six inch line to Lovan's property. They have transmitted to me and I have transmitted those to Wayne some costs to pay for those extensions and I suggested to Wayne that they be transmitted to Lovan so he knows what Albertsons is saying they are going to pay. I think that Wally Lovan has indicated that he would pay the cost of those although he wasn't aware of what the costs were going to be at the time he said that. It would be my feeling that we lift the stop work order on the construction of the fire hydrant off of Cherry Lane Road with the agreement that they will build the inch and a half line to Wally Lovan which is the size of pipe that he wanted at Al~r. Lovan's cost, about $4800 for 200 feet of line. Crookston: What about the sewer? Smith: The sewer line is another issue, first issue that I have with it is that Albertson's is suggesting and the letter response that I sent to Wayne on Mr. Mollerup's letter, Mollerup is an attorney representing some faction of Albertsons. One of my concerns is that Albertson's wanted the City to have an easement over that six inch,line and be responsible for it. By our ordinance it is my opinion that six inch line is a service line and we don't take responsibility for service lines. If Albertson's had just ooncurred with our request in the beginning to construct an eight inch line from Ten Mile Road to their future pad site none of this would be necessary. However here we are. It is part. my fault because when we had that meeting it should have been a very matter of fact thing. Morrow: What does that mean?