Revocation Meridian Automot CUP
MAYOR
Robert D. Come
olfc~di'iYlt \
~ IDAHO!
" .c.
.. f
v:>- ~IIJuTtlF ~111\1,V~~IIlCE
..1903
LEGAL DEPARTMENT
(208) 288-2499. Fax lS8.2501
CITY COUNCIL MEMBERS
Tammy de WeeI'd
William L. M. Nary
Cherie McCandless
Keith Bird
PARKS & RECREATIO~
(208888-3579' Fax 898-5501
PUBLIC WORKS
(208) 898-5500 -Fax 887-)297
BUlLD1NG DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNlNG AND ZON(!\G
(208) 884-5533 . Fax 81:\8-6854
July 28, 2003
RECEIVED
JUL 2 8 2003
City Of Meridian
City Clerk Office
Mr. James Gipson
38 North First Street,
P.O. Box 219
Eagle, Idaho 83616
Dear Mr. Gipson:
This letter is in regard to your letter dated July 15, 2003 and our phone conversations on July 7,
2003. In )'Our letter, you discuss two of the details we talked about during those conversations, but I
fear that you missed the primary concern of the City of Meridian related to this matter.
Currently, Meridian Automotive is an illegal use that is in violation of their Conditional Use
Permit (CUP) to operate at its present location. The City gave very specific conditions of approval
related to the expansion of the automobile repair business, and very specific consequences if such
conditions were not met (i.e., revocation of the CUP). The Council and I will discuss the issue of
revoking the CUP at the August 5, 2003 Pre-Council meeting.
Regarding your item #1 related to construction of Bower Street I indicated to you that if you
had monetary figures associated with such development, it might be good information to provide the
City Council at any upcoming meetings and! or hearings. We have an estimate by CoB Contractors,
Inc. in our f1les that indicates the work will cost $17,095; this information was not available at the
time of the City Council hearing on the matter. Ido not have any ~pecific advice on how best to
accomplish the construction work; Mr. Nesmith needs to hire a conttactor and complete the work.
Regarding your item #2 related to the paving requirements associated with the railroad property:
I did notify you that I support the use of teclaimed asphalt in parking storage areas. However, I
have no authority to waive any of the requirements in the existing approved CUP.
I hope this further clarifies the issues and necessary actions on the part of Mr. Nesmith. Please
feel free to call me at 884-5533 if you have additional concerns.
~~.~Jt
Anna Borchers Powell, AICP
Planning Director
33 EAST IDAHO' MERIDIAN, IDAHO 83642
(208) 888-4433' Fax (208) 887-4813 . City Clerk Olfice Fax (208) 888-4218 . Human Resources Fax (208) 288-1193
JAMES GIPSON ASSOCIATES
I
architecture · planning
38 NORTH FIRST STREET, P.O. BOX 219
EAGLE, IDAHO 83616
phone (208) 939-0236 fax (208) 939-0211
July 15, 2003
.RECE~D
JUl 1 7 2003
CITY OF MERIDIAN
PLANNING & ZONING
Ms. Anna Powell, Planning Director
City of Meridian
660 East Watertower Lane
Meridian, ill 83642
JGA Project No. 0147
MCU-33-96! CUP 02-004
Meridian Automotive Expansion
Meridian, Idaho
Dear Ms. Powell :
This will confirm ourtelephone visit ofJuly 7, 2003, a8 follows:
I) The applicant, John Nesmith of Meridian Automotive, will obtain actual
costs for construction of the Bower Street work, and detennine the feasibility of this work
at this point.
2) The applicant intends to request modification of the condition requiring
paving ofthe "Railroad Property" parking/storage area. Since this is tied to other work
which may not be feasible at this point, a new CU application may be necessary.
May we request your advice on how to best proceed to accomplish the Bower Street
work and allowing use of "reclaimed asphalt" at the Railroad property. Thank you for
your assistance with these issues.
With best wishes,
cc Mr. John Nesmith, Meridian Automotive
Mayor Robert Come & City Council
Mr. Bill Nichols, City Attorney
,-
MAYOR
Robert D. Corrie
. HUB OFTRE4SURE VAlLEY.
. A Good Place to Live
CITY COUNCIL MEMBERS
Tammy deWeenI
Keith Bird
Cherie McCancDess
WilliatnLMNary
CITY OF MERIDIAN
. 33 EAST IDAHO
MERIDIAN, IDAHO 83642
(2tI8) 8884433 . FAX (208) 887-4813
City CIerlr 0lIice Fax(208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 . Fax 288-2501
PUBUC WORKS
BUILDING DEPARTMENT
(208) 898-5500. Fax 887-1297
PLANNING AND WNING
DEPARTMENT
(208) 884-5533 . FAX 888-6854
June 10, 2002
Mr. John Nesmith
Meridian Automotive and Machine
505 Main Street
Meridian, ill 83642
Dear Mr. Nesmith:
I am writing to you as a follow up to your recent conditional use permit approval for Meridian
Automotive and Machine (File No. CUP02-004) located at 505 Main Street. The approved conditional
use permit set forth guidelines ( conditions) for the use of your property, as well as modifying the
previous conditions of your original conditional use permit.
As you are aware, the westernmost building (addition) on your property does not have a certificate of
occupancy. The original conditional use permit issued to you by the Cty for the building prohibited the
use of the building without first obtaining a certificate of occupancy. To this day, you have failed to
obtain a certificate of occupancy or comply with the conditions of approval for your original
conditional use permit. The failure to obtain a certificate of occupancy for the building and lack of
compliance resulted in criminal charges being filed against you by the City of Meridian.
Following your guilty plea on April 9th, 2ool,to the charges of failing to obtain a certificate of
occupancy and failure to comply with the conditions of your approved conditional use permit, you
were given six (6) months to show the court that you would comply with the approved conditional use
permit, and to obtain a certificate of occupancy. Compliance with the conditional use permit required
among other things:
. The removal of all vehicles and materials from the railroad right-of-way.
. Completion of all landscaping.
. Construction of a sidewalk on Bower Street.
. The removal ofall vehicles for sale on the property.
. Obtaining a certificate of occupancy for the westernmost building.
The installation of some trees appears to be the only attempt on your behalf to comply with the original
conditions of approval.
~. ,.-...
In 2002, the City ofMAian received your request to amend th'-iginal conditional use permit to
allow the use of the railroad right-of-way, and to place an addition on Ihe east side of your building.
The City approved the amended conditional use permit (attached) in May ofthi8 year. The amended
permil included, but was not limited to, the following conditions:
. The slatting of the fence installed around the railroad property. (The existing fence was installed
without a building permir. A permit will need to be obtained prior to the issuance of a temporary
certificale of occupancy).
. All conditions of the original conditional use permit (except as modified by the new conditional use
permit) are still in effect [paraphrased].
. A surety for all required improvements including paving, landscaping, sidewalks, irrigation, fa"ade
improvements etc... will be required prior to beginning any work on the site [paraphrased].
. All improvements are required to be substantially installed within twelve (12) months of the date of
approval of the new conditional use permit [paraphrased]. Therefore, all work will have to be
substantially completed by May 7,2003.
The City of Meridian has not yet received a bond or cash surety for the improvements to be
constructed and installed on your property. Additionally, vehicles are still for sale on your property,
numerous vehicles are being stored in the railroad right-of-way, the landscaping and associated
irrigation has not been completed, there has not been a request for a certificate of occupancy, and there
has been no sidewalk installed along Bower Street.
In order to avoid further criminal prosecution (probation violation charges), the railroad right-of-way
will need to be vacated immediately and the vehicles for sale on site will need to be removed.
Relocation of the vehicles to another site within the City Of Meridian is not permitted without prior
approval and proper site improvements. When all of the improvements have been installed and
constructed for the entire development, the railroad right of way may be used for vehicle storage.
Furthermore, a certificate of occupancy (temporary or final) will need to be obtained from the Building
Official. Please contact me when you are ready for an inspection and I will arrange the inspection for
you with the Building Department.
The Building Official will not be able to issue a certificate of occupancy (temporary) to you for your
existing building until you provide the aforementioned cash surety for all of the improvements, the
railroad right-of-way is vacated and the vehicles for sale are removed from the site. Temporary
occupancy can be revoked for failure to continue to comply with the conditions of approval.
A final certificate of occupancy can be obtained from the Building Official for the westernmost
building and the fa~e improvements when all of the improvements have been constructed and
installed as approved.
The City wants to avoid any misunderstanding or confusion concerning the conditions of approval for
your amended conditional use permit. If there is any part of this letter that is unclear or if you do not
understand what is expected of you to comply with your conditional use permit, please feel free to call
me at the Meridian Planning and Zoning Department, 884-5533.
07/08/2002 12:17
2083755218
CB CONTRACTORS
PAGE 01
c-ecONTRACTORS, INC.
2926 S. Jupiter Ave
. Boise, Id"'O 83709
Telephone: (208) 58.2-1103
Fac$lmlle: ~08) 862-1104
ESTIMATE
DATE: July 8, 2002
. TO: Mtrldian Automotive & Machine
Al'TN: ISteve/John @ 887-8652
RE:. New Curb, Gutter & Sldewalk@ Bower Street
. Irn:lu~ions: Curb. Gutter & Sidewalk wI Two Approaches,
Sawcuttlng, Demolition & Removal of work to replace,
Manhole Tie-in wi Drop Inlet,
Traffic Control,
Asphalt Patch-back,
. ACHD Permit,
Concrete & Asphalt Materlals................................S17.095.00
exclusions: Unknown Coriditions, i.e. soil, underground, etc..
Concrete Pumping,
Cures, Sealants & Caulking,
Weather Protection & Conditions due to Weather,
Permits, Inspections, Fees & Material Testing.
.If you have any questions, please call Ernie Corrigan (208) 562-1103 off. or (208) 941-6835 cell.
, ,'l".'
~
Western Surety Company
Surety Bond
Bond No. 22487095
Know All Men By These Presents,
Thai we, John Nesmith as Principal(s), and WESTERN SURETY COMPANY, P.O.
Box 1068 Houston, Texas 77251-1068, a South Dakota Corporation authorized to
transact surety business in the State of Idaho, as Surety, are held and firmly bound unto
City of Meridian as Obligee, in the penal sum of Twenty Thousand Dollars and
No/100's ($20,000.00) DOLLARS, lawful money of the United States of America, for
the payment of which, well and truly to be made, we bind ourselves, our heirs, legal
representatives, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has applied to the Obligee 10 New Curb, Gutter & Sidewalk @
505 N. Main St.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if
the said Principal(s) shall comply with all applicable Ordinances, Rules and Regulations,
and any Amendments thereto, then this obligation shall be void, otherwise to remain in
full force and effect.
PROVIDED, HOWEVER, That the aggregate liability of the Surety hereunder for any
and all claims presented shall not exceed the penal sum of this bond.
PROVIDED, FURTHER, HOWEVER, That this bond shall continue in force until
canceled by Surety giving 30 days written notice to Obligee and Principal of its intention
to terminate its liability hereunder.
SIGNED AND SEALED this 22 day of July, 2002.
--- ~----..\.
/
//
POWER OF ATTORNEY
'Know All Men by These Presents:
(Irrevocable)
BOND No. SP-
22487095
A A
by the approving
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached
officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following
THREE I 3 I authorized individuals:
in the City of AnT ~F
lawful Attorney(s) in fact with full power
following described bond
to sign, execute, acknowledge and deliver
ONE BID PERFORMANCE, AND/OR PAYMENT BOND PROVIDING THE BONO PENALTY
DOES NOt EXCEED SEVEN HUNDRED FIFTY THOUSAND AND NO/lOa DOLLARS
<****150 000.00).
********1*************************************************************
**********************************************************************
**********************************************************************
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this
Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
MARCH
31 . 2006, but until such time shall be irrevocable and in full force and effect.
~EST~~r_~~j!,Ty:j~P'MPANY further .c~rtifies that the following is a true and exact co~y ~f Section 7 of the .By-Laws of Western ~UrelY Company, duly adopted and now
In f~; ~&- -Soct\<ln :~;oA.ll bonds, poliCIes, undertakmgs, Powers of Attorney or other obh,gatlons of the corporatton shall be executed In the corporate name of the Company
by,~-:'lii:e\l>res,idoot,-, ~retbi';:oa~ Assistant Secrelary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice
.f(esurel].t, Seo:reUt,r,y, pny,.AssiStiBU Secrelary, or the Treasurer may appomt Attorneys 10 Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the
.,:n~e .oC_tbe Compa'nY, The, cEi:(.:ra.te seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
' ..lure, of any such offiCer'_an:d;-I.h~ corporate seal may be printed by facsimile,~
"1'" ,,'
;: ::' The penal amount of' th~: b(i"nfr~berein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or
., t~legram signed by the Senior J,Jnijerwriting Offlcer, Underwriting Officer, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western
,Surety Comp\lny specificaILY-lluttibd2ingsaid increase.
, ,'~"'~~SS',V;-jl{~~:qy,_;::~stern Surety Company has caused these presents to be executed by its President with its corporate seal affixed this 8th
"rQr <April ..~' <,C- . 1997 . WE S T ERN SUR E T Y COM PAN Y
~Prez:4-
By
i."," '">fi.~~;~~;:;:;,,"^' '''''''''''1
~ NOTARY PL'!IUC ~
~ SOUTH DAKOTA ~:
My Commission Expir.,6-2-200J
+..r".........~~~+
I, the undersigned officer of Western SureLy Company, a stock corporation of the State of South Dakota, do hereby certify tbat Lhe attached Power of Attorney is in full force
alld effecl and is Irrevocable; and furthermore, that Section 7 of the By-Laws of the company as set forth in the Power of Attorney, is now in force.
1? l)~~J
Notary Public, South Dakota
In testimony whereof, r have hereunto set my hand and the seal of Western Surety Company this'
22
day of
Julv
'IMPORTANT, This date must be filled in before it is attached
to the bond and it must be the same date as the bond.
By
2002
WESTERN SURETY COMPANY
~re=4
Form 749--4.97
NOTICE: This bOl'der mum hp. BLUE-if H-IR not BLUE. lhi~ I~ nnt.. "..rlifip.rl r:nn" ~
Sharon Smith
From:
Sharon Smith
Sent:
Monday, August 04, 2003 11:49 AM
To:
'jgarch@bitsmart.net'
Subject:
August 5, 2003 Agenda
03AugMprecouncil.
doc
Per our telephone conversation -- Thank you.
Sharon Smith
Wendian City Clerks Offue
Th. 888-4433 ezt 210
Sharon Smith
From: Sharon Smith
Sent: Monday, August 04, 2003 11:50 AM
To: 'jgarch@bitsmart.net'
Subject: August 5, 2003 City Council Agenda Item
L:»1 t
Revocation
eridian Automot CU
and the item packet on this matter -- thank you.
Sharon
Page 1 of 1
Sharon Smith
From: Will Berg
Sent: Friday, May 09, 2003 8:51 AM
To: Sharon Smith
Subject: FW: Meridian Automotive
-----Original Message -----
From: Dave McKinnon[mailto:mckinnod@meridiancity.org]
Sent: Thursday, May 08, 2003 2:46 PM
To: ANNA_P; 'Brad Hawkins -Clark'; 'Will Berg'; 'Bill Nichols'; nlw@whitepeterson.com; kirkpatw@meridiancity.org;
'Steve Siddoway'
Subject: Meridian Automotive
Hello Everyone,
For those of you familiar with the Meridian Automotive criminal case, and both of the Meridian Automotive
Conditional Use Permits issued in the past few years please feel free to skip down to the next paragraph, for
everyone else please keep reading. The City of Meridian has issued two conditional use permits, a CZC and no
occupancy permits for a new building on the Meridian Automotive in addition to obtaining one criminal conviction
dropped a Probation Violation case against the owner, John Nesmith, due to tfor a zoning violation stemming from the first of the two Conditional Use Permits. In recent months the City has
of the more recent CUP and the change of the prosecuting attorneys. he confusion related to the issuance
We, the City of Meridian, are yet again at another point in the evolution of this story; the deadline for substantial
compliance with the latest CUP has expired (yesterday, 5-7-03) and the conditions of approval for the CUP state
the "City Council shall begin revocation proceedings" if compliance has not been attained. I have informed the
applicant in person and followed up with an e-mail, (received by many of you as well), to remind him of this
deadline and the conditions that must be met for compliance with his CUP.
The owner of the property has not complied with the CUP, and revocation proceedings should be started. I think it
would be helpful to gather everyone who is involved, and those who will quickly become involved in this matter
and discuss this issue and how best to proceed at this point. I will be available early next week, preferably
Tuesday morning, if that can work for everyone. Please let me know if this is a meeting worth having and what
time works best for you. I will schedule a meeting room once I hear back from everyone. Thanks,
Dave
5/9/2003
than
V -ROI/Ye
and Machine inc.
505 N. Main Street • Meridian, Idaho 83642 • (208) 888.3797 • Fax (208) 887-8652
May 28, 2003
Dear City Council:
RECEIVED
MAY 2 8 2003
City of Meridian
City Clerk Office
I would like to request a meeting with you regarding Conditional Use Permit's MCU-33-
96 and CUP 02-004 at your earliest convenience.
Thank you for your response.
Sincerely,
John Nesmith
www.meridianautocare.com
Message
Page 1 of 1
Sharon Smith
From: Bill Nichols [wfn@whitepeterson.COM)
Sent: Monday, June 02, 2003 11:01 AM
To: 'Robert Corrie; 'Tammy de Weerd'; Keith Bird (E-mail); Cherie McCandles (E-mail); 'William Nary'
Cc: Will Berg; 'Sharon Smith'; Anna Powell (E-mail); 'Mike Worley'
Subject: Meridian Automotive and Precouncil meeting on June 10
Mayor and Council
The Clerk's office informs me that Mr. Nesmith requested to be put on the Precouncil agenda for June 10, 2003.
Staff may be bringing before you a proceeding to revoke the Conditional Use Permit granted last year. Staff has
had several meetings with Mr. Nesmith. I am concerned that a Precouncil meeting discussion could disqualify the
Council from acting as the hearing body as contemplated by MCC 11-17-11. My recommendation is that the
Mayor decide whether to bring a CUP revocation proceeding before Council. Once that decision is made, Council
members will need to maintain impartiality prior to the hearing.
Bill Nichols
6/2/2003
Message
Page 1 of 1
Sharon Smith
From: Bill Nichols [wfn@whitepeterson.COM]
Sent: Monday, June 02, 2003 11:01 AM
To: 'Robert Corrie'; Tammy de Weerd'; Keith Bird (E-mail); Cherie McCandles (E-mail); 'William Nary'
Cc: Will Berg; 'Sharon Smith; Anna Powell (E-mail); 'Mike Worley'
Subject: Meridian Automotive and Precouncil meeting on June 10
Mayor and Council
The Clerk's office informs me that Mr. Nesmith requested to be put on the Precouncil agenda for June 10, 2003.
Staff may be bringing before you a proceeding to revoke the Conditional Use Permit granted last year. Staff has
had several meetings with Mr. Nesmith. I am concerned that a Precouncil meeting discussion could disqualify the
Council from acting as the hearing body as contemplated by MCC 11-17-11. My recommendation is that the
Mayor decide whether to bring a CUP revocation proceeding before Council. Once that decision is made, Council
members will need to maintain impartiality prior to the hearing.
Bill Nichols
6/2/2003
Sharon Smith
From: William Nary [Wnaryc@cityofboise.org]
Sent: Monday, June 02, 2003 12:35 PM
To: corrieb@meridiancity.org; birdronaldkeith@msn.com; cgmccandless@msn.com;
TdeWeerd c@msn.com; wfn@whitepeterson.COM
Cc: bergw@meridiancity.org; powella@meridiancity.org; smiths c@meridiancity.org;
worleym@meridiancity.org
Subject: Re: Meridian Automotive and Precouncil meeting on June 10
I would concur that if we are going to review a request to terminate a
CUP then we should not have a pre -council discussion preceding the
hearing. We may need to have an executive session to discuss the legal
ramifications of the decision as potential litigation of a public
concern.
>>> Bill Nichols <wfn@whitepeterson.COM> 06/02 11:00 AM >>>
Mayor and Council
The Clerk's office informs me that Mr. Nesmith requested to be put on
the
Precouncil agenda for June 10, 2003. Staff may be bringing before you
a
proceeding to revoke the Conditional Use Permit granted last year.
Staff
has had several meetings with Mr. Nesmith. I am concerned that a
Precouncil
meeting discussion could disqualify the Council from acting as the
hearing
body as contemplated by MCC 11-17-11. My recommendation is that the
Mayor
decide whether to bring a CUP revocation proceeding before Council.
Once
that decision is made, Council members will need to maintain
impartiality
prior to the hearing.
Bill Nichols
1
19
** TX CONFIRMATION REPORT **
DATE TIME TO/FROM
06/02 11:31 8878652
AS OF JUN 02 '03 11:32 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC--S 00'20" 001 113 OK
CITY OF MERIDIAN
PRE -COUNCIL MEETING
AGENDA
Tuesday, June 10, 2003 at 6:00 p.m.
City Council Chambers
1. Roll -call Attendance:
Tammy de Weerd Bill Nary
Cherie McCandless Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda:
3. Discussion of SAGE:
(5 minutes*)
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated time as a guideline only.
w+*w*w To: John Nesmith
Fax: 887-8652
From: Sharon
Clerks Office
As of 11:00 a.m., the City Attorney has advised the Mayor to remove
your discussion from the above Pre -Council agenda. This office
and/or other city staff will advise you on the status of your request
for discussion in this matter.
Meridian City Council Prc.Coungl Agenda - ,Tuns 10, 20o3 page 1 of 1
All matorialr presented at public meetings obeli become property of the City of Meridian.
nyone desiring acconu"Odati= for Please contact the City Clerks OtSos At888.4433 at lama 48 how,iortto the publle meeting,
CITY OF MERIDIAN
PRE -COUNCIL MEETING
AGENDA
Tuesday, June 10, 2003 at 6:00 p.m.
City Council Chambers U"
1. Roll -call Attendance:
Tammy de Weerd Bill Nary
Cherie McCandless Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda:
3. Discussion of SAGE:
(5 minutes*)
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated time as a guideline only.
****** To: John Nesmith
Fax: 887-8652
From: Sharon'
Clerks Office
As of 11:00 a.m., the City Attorney has advised the Mayor to remove
your discussion from the above Pre -Council agenda. This office
and/or other city staff will advise you on the status of your request
for discussion in this matter.
Meridian City Council Pre -Council Agenda — June 10, 2003 Page 1 of I
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
1
2.
3.
4.
CITY OF MERIDIAN
PRE -COUNCIL MEETING
AGENDA
Tuesday, June 10, 2003 at 6:00 p.m.
City Council Chambers
Roll -call Attendance:
Tammy de Weerd Bill Nary
Cherie McCandless Keith Bird
Mayor Robert Corrie
Adoption of the Agenda:
Discussion of SAGE:
(5 minutes*)
Discussion with John Nesmith regarding Meridian Automotive
Conditional Use Permit:
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated time as a guideline only.
Ph - 0099- IVZ133
Meridian City Council Pre -Council Agenda — June 10, 2003 Page 1 of I
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
** TX CONFIRMATION REPORT **
DATE TIME TO/FROM
06/02 10:38 8878652
AS OF JUN 02 '03 10:39 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC--S 00'20" 001 111 OK
CITY OF MERIDIAN
PRE -COUNCIL MEETING
AGENDA
Tuesday, June 10, 2003 at 6:00 p.m.
City Council Chambers
1. Roll -call Attendance:
Tammy de Weerd Bill Nary
Cherie McCandless Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda:
3. Discussion of SAGE:
(5 minutes')
4. Discussion with John Nesmith regarding Meridian Automotive
Conditional Use Permit:
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated time as a guideline only.
Mendiaa City Council Pro.Council Agenda _ .lune 10, 2003 PYpe 1 of 1
All materials presented eq public meetiagc shall become �� of the City of Meridian.
Anyone desiring ticommodalion for disabilities rcWcd to documents snd/or hejrin8s
Plcasc oor#aat tho Ciry Clerk's Office at 898-4433 at least 49 hours prior to the public mcctiny.
JAMES GIPSON ASSOCIATES
architecture • planning
38 NORTH FIRST STREET, P.O. BOX 219
EAGLE, IDAHO 83616
phone (208) 939-0236 fax (208) 939-0211
June 24, 2003
Ms. Anna Powell, Planning Director
City of Meridian
660 East Watertower Lane
Meridian, ID 83642
JGA Project No. 0147
MCU-33-96
CUP 02-004
RECEIVED
JUN 2 5 2003
City of Meridian
City Clerk Office
Meridian Automotive Expansion
Meridian, Idaho
Dear Ms. Powell:
This will explain our request for modification of certain conditions of the herein referenced
Conditional Use Permits. Our desire is to resolve any pending issues and quickly complete
the project, as far as is possible at this point.
The reasons for requesting modifications are that 1) changes in the general economy have
made the proposed facility expansion unfeasible at this time, and 2) certain elements
(specifically construction of the walk, curb, and gutter along Bower Street) have become
much more difficult and expensive than originally estimated.
We request modifications as follows :
1) Condition No. 2 : Walk, curb, gutter, and paving on Bower Street be
deleted or delayed. This work has become much more expensive than originally estimated,
because of drainage problems and utility relocation issues. Further, constructing only the
portion of Bower Street adjacent to this project property will create an awkward
condition, and should be done when Bower Street is reconstructed in a manner to solve
the drainage and utility problems. Deposit to a road trust account would be a logical way
to accomplish this; but ACRID may not accept this, because Bower Street is presently not
scheduled for reconstruction. Another option, which we would fully support and promote,
would be the creation of a local improvement district (LID) to accomplish the Bower
Street work in an appropriate manner, beneficial to the neighborhood and the community.
2) Condition No. 5 : That planting of trees within the fenced North (Railroad)
parking area be deleted. We believe that trees and/or other planting in this area would
have virtually no visible impact or benefit, and would in fact be a maintenance problem.
Trees within an enclosed vehicle parking/storage area do not provide the benefit normally
associated with trees used to soften and minimize the impact of large paved parking areas.
3) Condition No. 6 : Main Street access should not be changed to Right in -
Right out only; this was originally a recommendation (not a requirement) of ACHD, and it
has become apparent that there is little need for this change in traffic.
4) Condition No. 8 : That the paving of the North (Railroad) parking area be
allowed as reclaimed asphalt, heated and compacted. We note that this has been allowed
on other recent projects, and feel this is especially appropriate at this location due to the
low volume of traffic (the parking area is not to be open and generally accessible), and the
minimal visibility of the parking area.
5) Welding, Page 9 : The Condition should be that welding is not to be done
or permitted in the 1996 addition, rather than forbidding welding anywhere in the existing
building. Some occasional welding has been done for many years in the existing facility,
which has not been changed in any of the completed or proposed work on the property.
6) We request that the addition to the front of the building be done in a future
phase, because of the financial limitations and feasibility caused by the changes in the
general economy.
Please note that with the exception of the Bower Street work, all of the conditions of the
original CUP have been completed : landscaping, trash enclosure, refinishing & striping of
the parking area, removal of trash & debris for the Railroad right-of-way, and painting of
the building.
We have requested an opportunity to discuss these issues with the City Council, but hope
now to first communicate and resolve any questions with the Planning Department before
approaching the Council. Further, we wish to establish a mutually agreeable time frame
within which to accomplish this work. We respectfully request consideration of these
issues, and greatly appreciate your help.
With best wishes,
JAMES GIPSON ASSOCIATES
James Gipson
Architect for John Nesmith, Meridian Automotive
cc Mr. John Nesmith, Meridian Automotive
Mayor Robert Corrie & City Council
Mr. Bill Nichols, City Attorney
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