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HomeMy WebLinkAbout2000 12-19 Pre Meridian City Pre-Council Meeting December 19, 2000 The Meridian City Pre-Council meeting was called to order on Tuesday, December 19, 2000, at 6:30 p.m. by Mayor Robert D. Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, Keith Bird Others Present: Shari Stiles, Gary Smith, Bill Gordon, Bill Nichols, Will Berg Item C. Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers – Joseph A. Billig – east of St. Luke's between Franklin Road and Interstate 84 Corrie: The consent agenda Council will be little changed as you may have noticed. Item C on the consent agenda they have asked that that is tabled to February 20, 2001, that is Touchmark Living Centers. Item H. Agreement for hook-up to City Sewer by Dianna Williamson – 2440 South Locust Grove Road Corrie: Then I guess a question I had on Item H, have we got the signed agreement Gary on that hookup with Diana Williamson? Smith: Yes, Mr. Mayor she was in today and signed the agreement at our office. Corrie: Okay, thank you. Item 2. Steiner Development and the City of Meridian Land Swap at The Lakes at Cherry Lane No. 8 and Cherry Lane Golf Course Corrie: Item 2 on the regular agenda that has also been asked if we could table that until January 2 when they land swap – I guess they have not got the agreement to sign since (inaudible) passed away and they have not had a chance to get with the family. Item 6. RZ-00-005 Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development – southeast corner of Cherry Lane and Linder Road Item 7. CUP-00-048 Request for Conditional Use Permit to construct a 58,000 square-foot retail commercial building, four fuel stations with a kiosk and 10,500 s.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development – southeast corner of Cherry Lane and Linder Road Corrie: Also Items 6 and 7 have been requested to be tabled until the February 20 meeting that is on Linder Crossings by the Hawkins Company. February 20? They had some things in there that I talked to them about and they said they wanted to meet with staff again and go over some things they were not too sure about. That is all I have. Item A. Approve minutes of December 5, 2000, Special Pre-Council Meeting Item B. Approve minutes of December 5, 2000, City Council Meeting McCandless: Mr. Mayor. Corrie: Yes, Mrs. McCandless. McCandless: The minutes of December 5 Pre-Council meeting and also the City Council meeting will have to be corrected. They have a temporary doing the minutes, and they have Shari Stiles and myself mixed up. They have me making a whole bunch of statements in there. (inaudible discussion amongst Council members) Corrie: Okay, we can certainly correct that. McCandless: Do you want to know where that is? Corrie: Okay. Which one? McCandless: On the Pre-Council meeting, it is page 11 and 12 and on the regular Council meeting it is page 21. Will said that we would have those corrected. Bird: They just spelled it wrong. McCandless: No. Corrie: Okay, all right, and we will (inaudible) Nichols: Mr. Mayor. Corrie: Yes, Mr. Nichols. Nichols: Mr. Berg wishes to be recognized. Berg: Mr. Mayor and members of the Council, if you would like, I could get those corrected, and I could have those on the agenda for January 2; whichever way you would prefer. If you would like to see a cleaned up, they are not very big minutes. McCandless: There are a lot of typos in there now. Bird: Can we pass it with corrections? Is that okay with you Cherie? McCandless: Sure. Bird: How about you Mrs. Stiles? Stiles: I guess if they want to go with grammatical misspellings then – Corrie: Just put it out that whatever the Council -- if you want to approve it with the corrections that they make, you can do that or you can have it corrected and brought back. Which one did you want Mr. Berg? Do you want to see it done that way or just crossed out and just put the right name in? Berg: Mr. Mayor and members of the Council, I would like to see them presented to you in a good fashion, and if there are some grammatical errors, I will make sure that we get them corrected and double-checked. I do not like to hear that, and we can do whichever we want. If there are a lot of grammatical errors, I would like to go through that and correct them before you approve them so that it is a nice clean copy for public record. Corrie: Okay, we can pull those two out and deal with them next time. (inaudible discussion amongst members) Item 4. FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC – south of Ustick Road and west of Black Cat Road Nichols: Mr. Mayor. Corrie: Yes, Mr. Nichols. Nichols: Mr. Mayor, members of the Council, Item 4 which is the final plat on Autumn Faire, today I worked out the last details on the development agreement with the attorney for Autumn Faire and so a revised development agreement will be prepared tomorrow. We need to annex the property before we can approve the final plat, so if we put this off until January 2nd, we can have the Ordinance for the annexation on January 2nd and can do the final plat with the Development Agreement. Ms. Stiles may have some comments. Stiles: Mr. Mayor and Council, I just do not think January 2nd is going to be enough time for them to bring in a revised plat and have us review it with the short staff we are going to have the next two weeks. Nichols: Excuse me, Mr. Mayor. Corrie: Mr. Nichols. Nichols: Shari, were they revising that final plat? Stiles: The final plat does not comply with Ordinance requirements, so we were asking for a new plat. Nichols: You worked that out with Mr. Stanfield at the last meeting? Stiles: That is -- were our comments. Nichols: We can put it on the agenda for the January 2nd meeting. If they have not turned it in, and they do not have it done we can at least take care of the annexation ordinance and defer the final plat. Corrie: Any other questions? Mr. Bird? Item 3. Sign Ordinance McCandless: We were waiting for graphics or something. Bird: I was going to say nothing has been changed. Corrie: Has any of the graphics come in on the Sign Ordinance yet? Stiles: No we did get a bid for that though just this week, and they are going to have those completed by January 18th. Corrie: So we do not need to have the Ordinance yet? Bird: I don’t know how you can. Corrie: I don’t know how you can without the – okay we are going to table it until the – if we keep going, Frank, you can go home early tonight. Bird: We can all go home early. Corrie: So what time, Shari? Do you want to table, too? Stiles: January 18th. Corrie: January 18th? Bird: That’s not on a Tuesday. January 16? Corrie: That’s the third Tuesday? Is that correct? Bird: If they’re not going to have it ready until January 18 – Stiles: No, it was the second meeting – well, now the third meeting. Corrie: Is there anyone around that has pull with these little things that can call, or will call and see if they will bring us a (inaudible) on tap? We are running out of – what is that deed? The second or the third Tuesday is what, January 16? We have been asked to table everything but about three items, I think that is going to be pretty good. Item E. Beer and Wine License Transfer: Corona Village from 39 East Fairview Avenue to 21 East Fairview Avenue Item F. Beer, Wine and/or Liquor Renewals for 2001 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: On the Consent Agenda, does the Chief have any problems with Item E or Item F for the Beer and Wine License transfer and renewals? Gordon: Mayor and Council, no. Nor do I have any problems with Corona Village moving. They are just moving to a larger space just to the west over there. Corrie: Anything else? Item B. City Attorney – Bill Nichols: 1. Financing of Police Station Nichols: Mr. Mayor. Corrie: Yes, Mr. Nichols. Nichols: Under Department Reports could we insert under there a discussion of the financing for the police building? You should have a memo on the steps of the judicial confirmation process, or we can talk about that some. Corrie: Also, there was a question about the irrigation ditch. There we might discuss that a little bit also and attorney fees. We have that there is an irrigation ditch that runs through the police – whether you want to tile it or leave it open? If they want to leave it open they will have to take a waiver. Then Richard Skinner there is also his bill. I need to find out which budget you want that to come out of. (inaudible discussion amongst members) Corrie: Anything else? Item D. Findings of Facts and Conclusions of Law: VAR 00-021 Request for a variance to place a 23’-3” by 10’ internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSI Industrial – NWC of Stoddard and Overland Roads Stiles: Mr. Mayor. Corrie: Shari. Stiles: This is a minor Item D on the Consent Agenda. The variance was for the off-premise sign: it is pretty specific about a 23-foot, 3-inch, but they have now requested a 30-foot sign which would still comply our new Sign Ordinance if the off-premise sign was what the variance was for, not anything to do with the actual dimensions of the sign. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Shari, did we get the item wrong, or did they just change their mind on the size of the sign between when they submitted their initial application and now? Stiles: They changed their mind on how big they wanted it because they are only allowed one center sign per the proposed Sign Ordinance, so they wanted to go from 23-feet to 30-feet which is still in accordance with the new Sign Ordinance. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council, I would simply recommend that you adopt these findings as they are presented and Ms. Stiles can – if the variance is for the off-premise sign and so the actual height is going to be in compliance with the proposed Sign Ordinance, I do not see any problems with just going ahead and allowing her to issue the approval. Item 5. AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road Stiles: Did you say that you still do not have that Development Agreement on Valerie Heights? Bird: I understand that we have it. I saw it in here, and I saw it signed by them. Stiles: You did see it signed? Bird: Yes, right in front there. It is signed by somebody – Vicki Welker, and it was attested by Valerie Kaleen secretary and the owner David Fuller and Shirley Fuller, and this was done on December 5th under a Notary. Is this the one we are looking at? Item 11. RZ-00-007 Request for Rezone of 6.95 acres from L-O to C-G for the proposed Mallane Commercial Complex by The Land Group, Inc. – northwest corner of Fairview Avenue and North Hickory Way Stiles: I was just curious. Under Item 11 under the Regular Agenda, did you note that the applicant request withdraw of that application? Bird: Yes. Stiles: Gary had some things. Corrie: Gary. Smith: Mr. Mayor, Council members, I just wanted to make sure that this cooperative agreement between ACHD and ITD and the City of Meridian is on the agenda for the second meeting in January to discuss for that Locust Grove Road Overpass project. That is all I had. Thank you. Berg: I had that item put down for the workshop on the second meeting in January. I can change it, but that is how I had my notes for the workshop, which was January 9th. Is that correct? Item B. City Attorney – Bill Nichols: 1. Financing of Police Station: Corrie: I guess if you want, Bill, do you want to discuss that program? Nichols: Certainly, Mr. Mayor, if I may. I can pass out to the Mayor and members of Council a memo. Mr. Mayor, members of the Council, in exploring the options available to finance the new police building one of the things that has come up is since the City owns the acreage where the police building is designed to go, some of the alternative financing options are very difficult to do and still obtain a good interest rate. We have had some meetings with Rick Skinner who is a special bond counsel retained by the City, representative of First Security Bank and their government financing department and City Officials with regard to how we might be able to best finance this and obtain the best interest rate and so forth. In some discussion we have had – if you recall we have had a meeting with Mr. Skinner some months ago, options were explored, but what it comes down to is it looks now like the option of pursuing a Petition for Judicial Conformation offers the best interest rate and the cleanest way of getting this project financed. The purpose of the memo that you have before you is to outline what those steps are and what kind of time line you are looking at as far as getting in front of a judge on a judicial conformation. I understand Garden City received judicial conformation with regard to their – I believe it was a police station and the showing that has to be made is that you have such a need for the facility that it is an ordinary and necessary expense which allows you to go to a multi-year financing. This then will allow you to use your interest from your general funds investments to make those payments on these Certificates of Participation and finance this construction of this police station. It is a process you can see that it is probably going to take I think it is about 59 days from start to finish if everything goes click, click, click. If we are going to do this, we need to get the process started, and it starts with the proposed Financing Lease and Trust Agreement and financing documents are prepare and so forth because they have to accompany the Petition for Judicial Conformation. Then we would proceed with filing the Petition for Judicial Conformation scheduling the request hearing for the City Council – excuse me we have the hearing first then we have the petition get the actual court hearing scheduled and go from there. There is another option, which is to create an Urban Renewal District within the City, and then there are some things that can be done that way but it is not necessarily really much quicker to do it that way by using the judicial-conformation process, assuming a favorable decision by the lower court judge we will receive a better interest rate. Corrie: Any questions? Bird: Mayor. Corrie: Mr. Bird. Bird: If I may, I would like to (inaudible) if we go through the judicial review the 5.038 percent or less would be your interest? Anderson: As compared if we did not do it? Bird: If we went the other way, Ron, it is going to be – we do not know what the (inaudible) will be but it could be up here higher in the 5.75 percent to 5.70 percent. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I do not think there is a question that we can show the need. Maybe the Police Department can get a copy of what Garden City used and at least then we would have the template to adjust it to our own circumstance. Nichols: Mr. Mayor. Corrie: Mr. Nichols: Nichols: Mr. Mayor, Councilwoman de Weerd and members of the Council, Rick Skinner was involved in the Garden City financing and you build your case with all due difference to the expanding of their skills. This is the lawyer’s prerogative to build the case by establishing the evidence to show the need. Including the situation in the current police station the priors – the facility study that you had done that estimated the space needs to project out through the year 2020 all of those things factor into how you establish to a judge that this is an ordinary and necessary expense which then allows you to do a multi-year financing. We are well aware of the Garden City situation. Our particular office has had a more than one judicial conformation. We received approval for the Nampa Recreation Center and some other things which are very necessary but probably not near as necessary as a police station. We are talking about public safety. You are looking at the very small building that you have now, the size of the police force, and with all of those factors we can get it done. Eric Rossman in particular has done at least two or three of these and we are hiring a new lawyer that will come on board next month that has had some experience with these things to. When I say “we,” I mean the firm. We are not unaware of the need to put together a good case to show why it is necessary. Mr. Skinner has done these all over the state and he understands what is necessary to get it done. Bird: First Security has been involved in this? Nichols: Yes. De Weerd: Mr. Nichols, can that be done in a short timeframe? Nichols: While we are talking about, Councilwoman de Weerd, is to have the first step is to tell the bank “yes,” this is the way we are going to go. Then they put together the Lease Trust Agreement and related financing documents so that we can then have those and then have a public hearing on it. The statue requires that the public hearing has to be noticed at least 15 days before the hearing. You hold a specific hearing, you take testimony, then 14 days after that hearing is the soonest you had adopt a resolution to authorize the filing. Then you file the petition you have to publish notice and so forth you cannot have a hearing on that petition any sooner than 30 days after you have filed it. Then after the decision is made there is a 42-day appeal period that has to pass before so that there is no chance of somebody appealing the judge’s decision and at that point you are good to go. De Weerd: You started working on this yesterday? Nichols: The bank has to put together the documents first. Corrie: We have to approve it tonight at the end. Nichols: I am convinced that if you say yes during your regular meeting that Bud Way and the others at Wells Fargo will be please to put the stuff together in a hurry. Corrie: Any other questions? Then we will have it come up on the last thing of the agenda. Bird: Mayor, may I have the City Clerk in between sessions make a copy of these? Corrie: Yes. Will you make about six of them? Keith said he would be able to go tomorrow night to that ACHD meeting on Maple Grove. I sent a letter I think all of you received a copy of it. Would anyone else like to go down there? I have another place I have to go, but I have already talked to all four – the Commissioners I guess there are five of them and I think they are in agreement with us. If you want to go down there at 7:00 p.m. it is at the ACHD auditorium. I said we would probably get at least the President of the Council to go down, they have everything ready to go anyway. It will just kind of reiterate what was said in the letter. Anything else? Staff anything? With that we will just take a recess and then we will come back and go out of the pre-council into the regular meeting then. De Weerd: Mr. Mayor. Corrie: I move that we close the Pre-Council meeting. Bird: Second. Corrie: Motion made and seconded to close the Pre-Council meeting at 7:00 p.m. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR WILLIAM G. BERG, JR., CITY CLERK