HomeMy WebLinkAboutFollow-Up Letter Idaho Mutual 2/1/10~ ~ ;~
MUTUAL TRUST'
February 1, 2010
City of Meridian
33 E. Broadway Ave., Suite 210
Meridian, ID 83642
ATTN: Bill Parsons, Associate City Planner
RE: MFP-09-003 Bienville Square -Follow Up
Dear: Mr. Parsons:
This letter is in response to the City Council hearing on January 12, 2010. Idaho Mutual Trust
would like to provide to council an update regarding the items discussed during the last meeting.
Idaho Mutual Trust (IMT) left the last meeting feeling it needed to address three primary elements:
a) The four feet of property between the wall and Steve Grant, Ray & Kathy Tomczak,
and Scott Feely's (Neighbors) property.
b) The decorative element of the wall facing the Neighbors properly.
c) The gap in the wall along the irrigation easement.
Four Feet of Property
Idaho Mutual Trust is prepared to properly backfill and compact the soil along the 4 feet of
property, as well as install "perma-bark" rock along the subject property. During this process all
weeds and growth will be cleared and grubbed accordingly. If a Neighbor specifically asks that
certaui areas be omitted due to their personal landscaping already installed, IMT will honor that
request. If a Neighbor requests groundcover other than what IMT is preparing to install, IMT will
give that Neighbor payment in the amount of the material cost of the planned "perma-bark" to go
towards their choice of ground cover, and Neighbor will be responsible for the purchase and
installation of their choice of ground cover.
Idaho Mutual Trust believes this will satisfactorily complete the required landscaping for the
subject area.
Decorative Element of the Wall
After numerous discussions with the Neighbors, IMT believes that the desires of each neighbor
would be better met by providing a monetary payment of $3,000.00 to each to do what they feel is
best for their individual property. This could involve adding a design element to the wall (stain,
concrete overlay, etc.), installing landscaping to screen the wall (trees, shrubs, fencing, etc.), or any
other use that would fit the needs of each individual neighbor.
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IMT believes this amount provides each neighbor with the means to remedy the wall as they see
fit.
Gap Along Irrigation Easement
IMT is hesitant to build any permanent structure over the easement because the easement
expressly prohibits any such construction and it could significantly impact the access and liability
for that easement. However, if given proper authorization from the irrigation company, Idaho
Mutual Trust is prepared to install a six foot, full privacy cedar fence with a single locked gate over
said easement. 'This will provide the visual buffer the fence is intended for and not significantly
impact the access or liability for damages within the easement.
This remedy supplies both IMT and the Neighbors with the privacy and security they seek. It also
avoids the problems of putting either IMT or the irrigation company at risk for future liability
concerns that come with building anything permanent within an easement.
It has been Idaho Mutual Trust's goal to come to a resolution with the Neighbors over the last few
weeks and feel that we have come closer to a resolution. We have yet come to a full agreement in
terms of the license agreement we hope to enter but have made progress since the last time we all
met. It is Idaho Mutual Trust's recommendation for the City Council to give us feedback in
regards to what additional steps to take to receive final occupancy for the subdivision. It is also
our request that the Council recognizes the good faith in which we are operating and allows for
Certificates of Occupancy for the homes scheduled to be complete in the next 10 days as well as
the Parade of Home house scheduled to be complete in the coming month. This will allow the
project as a whole to continue while the final details of the Plat Modification are complete to the
standards set forth by the City of Meridian.
Thank you for your time and patience in regards to this matter.
Sincerely,
~~
Dan Bureau
Idaho Mutual Trust