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HomeMy WebLinkAbout1999 06-22 SpecialMERIDIAN 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 – 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 a five-foot sidewalk in accordance with City ordinance and then there's a reference to the ordinance, along the entire frontages of West Talamore 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. 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. ulei Ito] [61_1VV1219]I_1IW7OF_%*3 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 as you know at this point is we do not, at least my recommendation is that you do not annex or zone or rezone if you're going to have a Development Agreement unless it's signed before you take the action. We have a few of these left that are around where that just didn't happen and these came in afterwards and this is one of these where we're trying to re -construct what was done a number of years ago. Corrie: Alright Shari, you're on. Stiles: Mr. Mayor and Council, I know that Doug Campbell came into my office on Friday on the 11th at about eight minutes to five and handed this to me and said approve this, we want to get it on the agenda for Tuesday and I said there's no possible way I was going to look at something for eight minutes and ask to have it put on the agenda, so I thought that this would be an item that would come up on the July 6th meeting, I didn't know until yesterday that it was on the agenda for today so I hadn't reviewed it. I did look at it tonight. It incorporates an entire Development Agreement at the back which was a draft that was with another Developer, Max Boesiger, so all of that would be totally inappropriate to be a part of this Development Agreement. I would ask that if I could work with the City Attorney so we would incorporate the pertinent items from the old Development Agreement into the new Development Agreement and simply have the Development Agreement with the exhibit "A" and the exhibit "B" would be the Findings of Fact and then delete the entire last section of what you have there in your packet. I know that they are in a big hurry now because the plat is at John Priester's office and they can't record it until the instrument number is attached to the plat. Either way, if you want to wait until the 6th, that's fine too but I think it's more of a cleaning up that we need to do of it and shouldn't really affect the end result. Corrie: Would the 6th of July meeting be sufficient time for you? Stiles: To me it makes no difference, the Developer makes a big difference. Bird: Mr. Mayor, on this Development Agreement that I've got sitting here in front of me signed, who wrote it? Stiles: The Development Agreement, the first portion of it? Bird: The one that's signed by Steiner. Stiles: I believe it was done by Mr. Gigray's office. Bird: And you've had it since July 11 tn? Stiles: Yes. Bird: And you haven't had a chance to go through it yet Shari? Stiles: I didn't believe that it would be up till the July 6 t meeting. I didn't know it would appear on the agenda today. Gigray: One of the things I might propose and you might ask Shari, if you would pull — and I agree with her, I don't think this whole Development Agreement ought to be on here, and we could strike that, initial it, and then re -submit it back to them for their initials, because otherwise we wouldn't be changing any of the terms of the agreement which is the main body here, this has just got appended because it's referenced in exhibit "B" which is the sheet attached hereto, see that line right there, and you could in a motion authorize the Mayor to initial this and strike through it and then pull this whole Development Agreement off of here because I think that was Shari's main concern and I agree with her, I think that that shouldn't be on there and I can tell you that my staff was concerned that we were leaving something out since we weren't in the forefront of this and there was a bunch of stuff in this and my instructions as I left it is I wanted it follow the Findings of Fact which is the first part of "B" because that was the official action of the City Council. If that happened then we could assign and initial this and then just re -submit this back to them to have them initial it. We can just do an acknowledgment on the initials and that's done a lot in agreements. Bird: Mr. Gigray, what you're saying then is that Exhibit "B" if we just strike that from the Development Agreement which we have to strike out and both parties have to initial, then we can go ahead and pass it, is that what I'm understanding from you and Shari? Is that your complaint about it Shari? Stiles: Councilman Bird, there are issues in this whole Development Agreement that aren't specified in the new Development Agreement. I think probably some of those things should be incorporated in it but also on page six of the new Development Agreement under 5.1.20 it also refers to the previous Development Agreement and those conditions so that would also need to be taken out but I still think that we need to actually change the existing Development Agreement to incorporate some of these items in the back, specifically Exhibit "B". The Development Agreement that you have that's at the back was a draft and still has my — just some edits that I had written in there and notes but — Bird: Shari, so in other words, you don't like the language in the one we wrote recently without putting some of the Exhibit "B" wording into this new agreement, is that what I understand? Stiles: Yes. Anderson: And what kind of hardship are we going to put on the Developer by tn putting this off until the 6. Stiles: They won't be able to get any building permits. They're all ready to get building permits it's just a matter of John Priester signing the plat and recording it. Bird: Shari, in other words, they're ready to start building permits and stuff, this Development Agreement so we're just taking money out of — he pays his interest on what he's got loaned and he's not getting any back in and we give him this Development Agreement that he goes and signs because we in good faith that we handed to him telling him this is the one we want you to sign and now we don't want him to sign it even after he signed it, is that right? Stiles: Well I think if they'd read it, they shouldn't have signed it. I don't think they even read it. I don't see any way possible that — Bird: I can't believe they didn't read it. Stiles: I don't know why they would sign an agreement that references another individual entirely and has hand written comments. Anderson: Mr. Mayor, I guess my two cents worth is that I don't feel comfortable passing a document that our staff is telling us doesn't include all of the comments that we need. I can sympathize with the Developer and I think there's probably ample blame to go around in this but I just think that at this point from Council's standpoint it wouldn't be the right thing to do, pass something patched together or hoping that we had everything and why don't we just take two weeks and get it done right. Rountree: Mr. Mayor, I don't disagree with what Ron said, however I've got a question for Shari. If the comments in Exhibit "B", and I need to get this squared away, Exhibit "B" is the one dated — it doesn't have a date. It's actually a three page document that starts out one of two, two of two, and three of two, okay then we're dealing with the same document anyway, does that include all the concerns that you have and then some? Stiles: Well as you can see on page one of two it does say a Development Agreement between the City and Max Boesiger under item #B they were proposing to deposit funds with ACHD and I believe that's what ACHD requested but we said that we wanted them to build a sidewalk on Ustick but other than that if we could make those changes or initial them or whatever and take away the rest of the old Development Agreement and have those three pages then the only thing we'd have to do would be to strike that 5.1.20 on page 6 of the new Development Agreement. Rountree: And the line on Exhibit "B" under the current recent Development Agreement that refers to the previous Development Agreement that refers to the previous Development Agreement. Stiles: Yes. Rountree: But we would still include Findings of Fact and Conclusions of Law. Stiles: Well we could still include the Exhibit "B" but I guess we could add this — call it additional conditions of approval — Rountree: Well Exhibit "B" would include Exhibit "B" of the previous Development Agreement. Stiles: Well I guess it reads Findings of Fact and Conclusions of Law/Conditions of Approval, that would probably still work okay then. (Inaudible) Bird: Mr. Mayor, I'd like Mr. Gigray to — I think he's got an idea for us. Gigray: I'll just throw this out. What if we — I mean as I understand the concern of the Planning & Zoning Director, there may be surplusage in Exhibit "B" that is the previous agreement rather than omission. I think we might be more concerned with omission rather than surplusage. If the Developer signed this, if you went ahead and approved this and then we need to come back and amend it, which would take a public hearing, I don't think it's a good idea to amend Development Agreements that have been approved through the public hearing process without going back through it but I think the Council could take the action here, then a proposal could be made to delete some of this that needed to be deleted and then they would have their signed agreement which they have already signed and they can move forward with their plat. Do you see anything in there Shari that would be an impediment to what they've already done and kind of work backwards this way? Stiles: If we delete the entire second Development Agreement except for the Exhibit "B"? Gigray: Well yeah, the delay would be if the Council takes any actions tonight that would modify this proposed agreement in any way we have to re -submit it to them to have them initial it, I don't know how much time that would take. You know I guess they could air freight it down and back, aren't they in California or somewhere? Stiles: Yes. Gigray: I don't know how much hardship that would cause. If the Council passed this as it is since they've signed it then the agreement would be done, it could be recorded, they could get their plat and then if we needed to come back and amend the agreement we'd simply notice it up for a public hearing and then it could be heard and then it could be amended if the Council chose to take that action after public hearing at a later date and they would — Stiles: We don't have public hearings for the initial approval of a Development Agreement, why would we have to have it for an amendment? Bird: We're changing Facts and Conclusions of Law. Gigray: I guess it would depend on what it is we'd be changing, if we'd be changing a condition, I think the safe play is to give public notice, you know, because we have a lot of development where you have a Development Agreement everybody goes the way the City Council action was that the Development Agreement would be signed and it would have these conditions in it and then if you would come back and seek to change any of those then I think it's a good idea to let the public at least have a hearing to address what other proposed change would be. In this instance that would be cautious, if you chose not to do it simply because it was really correcting a typographical error then you could make a determination not to have a public hearing, I just don't know exactly what all that might entail but as I understand this there's nothing missing here, it may be too much. Anderson: Sidewalks are missing. Gigray: Yeah and I can tell you, I put this originally together based on what I saw of the Findings and the minutes and the Findings of Fact, I didn't add a thing in there and the only other thing is what was in a Development Agreement so I couldn't find anything of record that would have added any other conditions and that's the problem I have with these old ones, since we don't have them I have to go back and get copies and transcripts of the City Council meetings and the Findings to see what in the heck to put in them. Rountree: Shari, I don't want to move on this without an affirmative nod from you, so I would also like to maybe do something tonight because I think we've led the Developer to some point of expectation. If we approve this with Exhibit "B" striking Boesiger's reference, adding that they will build sidewalks and striking the paragraph in the new agreement that refers to the old Development Agreement, does that resolve your issues or are there other issues that — Stiles: It probably would. Rountree: That's real assuring. Stiles: Another problem with these projects where a Development Agreement was required and the Findings of Fact, in this case the Findings of Fact were based on a totally different project. The elementary school wasn't even considered to be a part of the project at that time. There's really nothing we can do about that because they were the Findings for the annexation and so I guess to answer your question, I don't like that way of doing it, I would rather have a nice clean copy but it would work. Rountree: Ron's telling me he doesn't like it. (Inaudible) Corrie: Well it sure won't come down to a tie vote so — Rountree: Mr. Mayor, I guess I need to understand why this is on the agenda tonight, was there expectation given to the Developer that we were going to affirmative on this or was it just kind of one of those — Corrie: It was one of those things that was going to be — (inaudible) affirmative or anything else. We just said that we'd try to get it on the agenda and I think we — as Mr. Smith and I have discussed many times we get in trouble when we move too fast. Rountree: Mr. Mayor, I would move that we instruct Council and Planning Administrator to work with Steiner Development to re -draft and re-establish the appropriate conditions for this Development Agreement and provide it to the Council on July 6th for consideration. Anderson: I'll second it. Corrie: Motion is made and seconded that we have the staff and the attorneys and the proper people get together and make the corrections necessary and get back to us on July 6th. Any further discussion? Rountree: Mr. Mayor, my discussion is that I'm not particularly pleased that we're here with this given the situation, I believe there's some expectations on the part of the Developer and I would very much like to meet those expectations, I believe however there's enough burdensome language in the old agreement that they may not want to live with if in fact it stands and they'd be back here asking for an amendment anyway so, my preference is let's get it right the first time. Corrie: Any further discussion? Bird: I have none. Anderson: I have none. Corrie: All those in favor of the motion say aye. Opposed no? MOTION CARRIED: ALL AYES. Corrie: That takes care of the two items, item number three is executive session in accordance to Idaho code 67234 to discuss personnel issues subsection "C". I'll entertain a motion to go into executive session. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to go into executive session. All those in favor say aye. MOTION CARRIED: ALL AYES. (WENT INTO EXECUTIVE SESSION) (RETURNED FROM EXECUTIVE SESSION) Corrie: Okay, we'll come out of executive session, no decisions were made in reference to Idaho code section "C", I'll entertain a motion to come out of executive session. Rountree: So moved. Bird: So moved, yeah. Corrie: Motion is made and seconded. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion to close the regular hearing on January 22, 1999. Bird: So moved. Rountree: Second. Corrie: Motion made and second to adjourn the regular meeting. All those in favor say aye. MEETING ADJOURNED AT 9:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK