Loading...
Minutes Meridian City Council October 17,2006 Page 8 of 30 Rountree: Madam Mayor, I understand they need direction. Other than a motion for one way or the other, is there a resolution that needs to be prepared or an ordinance or -- Nary: No. Madam Mayor. Members of the Council, Councilmember Rountree, if you want to -- if the Council moves to approve this agreement, then, you can simply do that, we don't need a resolution. Rountree: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Nary, is there -- that last question seemed a bit odd. Who is the owner of property? Is it Mary Wales? Does she need to come and make this request? Nary: Well, Members of the Council -- or Madam Mayor, Members of the Council, Councilmember Borton, Mary Wales has signed this agreement. She is the current property owner and I didn't know, since he said they were buying it, if that transaction had been completed, so that they should be the appropriate party, but since she currently owns it, we have recorded that document, it applies to all successor parties, so it would be binding on their LLC or if he buys it outright or however that goes_ Borton: Okay. De Weerd: Okay. Any further questions? Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor, I move that we approve the agreement for the hook up to the city sewer and water for the property at 2660 East Franklin Road. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. c. Parks Department - Doug Strong: Meridian City Council October 17, 2006 Page 9 of 30 1. Kiwanis Park Development. Impact Fee Reimbursement. and Real Propertv Conveyance Aareement: De Weerd: Thank you. Item C is our Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. As you may recall, several months ago we brought forward to your proposal to enter into an agreement with Kenai Development, Park Point Development, to develop Kiwanis Park and for a donation of a little over two acres to the park be a part of that project and participation by the developer in the green up phase of the park. So, in that period of time since we have been working on the agreement, which you have I think a very near final copy of before you tonight. It's -- we are still working on getting things clarified in it clear after 5:00 o'clock tonight. So, I think we are very close to a final agreement. We wanted to give you the opportunity to take a look at that and discuss any questions that you have tonight and bring it back next week for approval. There is a couple of elements in it that are important, certainly the transfer of property that would add the two acres to the existing property and, then, our agreement with the developer to develop the park and the pathway connection out to Eagle Road that we discussed earlier that was not on the table earlier for development, but with this opportunity to partner with the developer is now going to provide us with, essentially, a completed park and a pathway connection to Eagle Road. So, the last two pages of the exhibit show you the contractor's bid for completing that work and, then, the next page is the budget that goes along with what extra things we need to do to finance the completion of the project, which would include installation of a restroom and a playground. The Kiwanis club still wants to build a shelter on the site, but at the completion of this work everything would be, essentially, done, with the exception of the shelter and a basketball court, tennis court, we are still discussing whether we want to look at maybe a little bit different design for a basketball court that might be a tennis court with basketball on the end. Looking at some design opportunity there. So, maybe the first thing would be to discuss the transfer of the property and the deed and what is involved with that and, then, I can -- and I will ask Bill Nary to talk about that part of the agreement and, then, talk about the other part. De Weerd: Okay. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council, you have in front of you a proposed agreement for both park development impact reimbursement and real property conveyance. Mr. Baird from my office has been working with counsel for the developer in this case Richard Andrus from the law firm of Butler & Spink. I think we have got some -- I think we have got this into its final stages. I have gotten a couple of e-mailsfromMr.Baird this evening. He has been corresponding with Mr. Andrus on a couple of very minor changes. I think the most significant change that we have reached in this resolution is not having the restrictions on potential transfer in the future and after 30 years they have agreed to allowing of that to be in the city's control in the future. Most of the other things are fairly minor things. Mr. Baird was anticipating getting the last of it cleaned up and have an actual final copy for your approval for next week on their consent agenda and, then, I think we can complete the transaction and there is Meridian City Council October 17, 2006 Page 10 of 30 some issues on the deed and make sure all the language is correct and the property descriptions are correct and we can get all that done after this agreement is signed. De Weerd: Okay. Council, any questions? Doug, anything you need to add to that? Strong: Excuse me. Madam Mayor, Members of the Council, I think the only thing that I know that Mr. Baird and I discussed today was to bring back to you a copy -- a signed copy of the deed from the other party next week. That's typically the way I think you want to receive agreements -- or a signed copy of the agreement, not the deed, so that you will be reviewing and signing a signed copy by the other party. And if there is no more questions about -- De Weerd: Well, Mr. Strong, I guess my question is -- this is something they came and requested of Council a number of months ago; is that correct? Strong: That's correct. De Weerd: And I guess this is a great segway into the next piece I anticipate you covering, is this additional cost. It was my impression that when they came and suggested this donation, it would be green and a lot of this work was included in that donation; is that not correct? Strong: That's partially correct. And maybe I will just dive right into -- De Weerd: Okay. Strong: -- that segment of -- the discussion at the time was the developer would participate in the green up of the park and when you look at the breakdown of the cost for the contractor, the parking lot, the pond, pond liner, we already had the irrigation pump installed, there were other costs outside of what was determined to be green up cost, so that the set donation of 275,000 dollars that's identified in the agreement is to pay for the items that, essentially, define the green up, the irrigation system, seeding the grass, the tree planting. those elements and, then, the additional work along -- green up along the pathway connection, which when we earlier budgeted for the green up of the park it did not include the pathway connection to Eagle Road or to the segment of the pathway that comes in from Eagle Road. So, we have actually had an added benefit that we are able to connect that in the first phase. So, the other elements that are left out are other -- concrete for where the restroom and shelter and play equipment will be, the parking lot, the connection to the pump station, the pond and pond liner, those elements, so -- De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 17, 2006 Page 11 of 30 Bird: On your list of expenses I got a question to ask. You're saying 500 dollars for a punch list and final walk through of 400 dollars and O&M's and manuals and stuff -- isn't that done by the -- by the architect or engineers and why would we be putting money out for a punch list and walk throughs? Strong: Madam Mayor, Councilman Bird, this -- this contract was negotiated by the developer. The developer is our construction manager on this project. I have a representative from the developer here tonight that maybe can answer those questions. Bird: I'd like an answer. I have never been paid in my life for a punch list that I was called back on. Strong: This is Joe Atalla from Park Point Development. De Weerd: Thank you for joining us, Joe. Atalla: Thank you. Joe Atalla, 6223 North Discovery Way in Boise. 83713. Madam Mayor, Members of the Council, and Councilmember Bird, to answer your question about the punch list items and the final work through, this Exhibit C here is the proposal that we received from the contractor. We put the project out to bid and this contractor won the proposal based on a lump sum originally and their lump sum number was considerably lower than the next contractor. After that we had them break it down further, so we saw where all the money was going and how much specific items of green up were and these items showed up afterwards. Bird: Okay. De Weerd: Okay. Council, any other questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Doug, the 275,000 donated work to be completed, that has already been completed; is that right? Strong: Madam Mayor. Councilman Borton, that work -- I'm sure that the work that's progressed at the site they have gone beyond the 275,000 dollars that is currently identified to be donated by the developer. When we did our park tour back in August and we looked at Kiwanis Park it didn't look like much had happened there. If you go out there today it looks dramatically different and especially since the development to the north and the earth moving work that's being done there Is all the way down to Overland Road it's a dramatically different look today than back in August. So, there has been a Meridian City Council October 17, 2006 Page 12 of 30 tremendous amount of work accomplished at the site already and it continues uninterrupted as per the commitment from the developer. There has been no stoppage because they have gone over 275,000. So, their commitment has been very true to our earlier verbal agreement. Until the written agreement's in place they -- and they knew at the time, they are committed beyond what they are offering financially to the project. We are very pleased with what we see there to this point. The work has been very well done, even to the point of making extra effort to get the paved pathway connection to the high school in the week that school opened and that was -- that was their first priority, they got right in and got it done and there was only I think two days that there wasn't pavement, but that the pathway connection never was obstructed to distract from students getting to the high school. De Weerd: Thank you, Doug. Any other questions from Council? Bird: I have none, Mayor. De Weerd: Okay. You do have a request for a budget amendment in front of you. Strong: Madam Mayor, I would need to bring that back next week. I have not prepared that and brought it to you and finance yet. This just -~ De Weerd: I know. I was going to say I don't remember seeing a form. Strong: No. It's not -- it's not come through yet. So, what I guess I want is guidance from -- if we bring it back and discuss it or we can bring it back on a Consent Agenda for next week, if you have no other questions or any need for any changes there. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Regardless of the form, I mean if it's going to be brought back, I don't know if we -- to determine the particular meetings if it's on an agenda or not. Mr. Nary, is that -- Nary: Madam Mayor, Members of the Council, I think if you want to have it as a discussion item you can certainly direct that we have it as another report for next week. Otherwise, our normal course would be to put it on the Consent Agenda and you can always pull it off for discussion if you needed to. I think all that Mr. Strong was trying to do was just, I guess, give you all the opportunity to have some time to look at this agreement, since you have just seen it today. Again, I think we will have some final tweaks to it, but this is generally the document that you will see next week and if there isn't anything else, we can certainly just put it on for Consent and if you have questions Mr. Strong could be here to answer them. Wardle: Madam Mayor? Meridian City Council October 17, 2006 Page 13 of 30 De Weerd: Mr. Wardle. Wardle: I guess my preference would be for the agreement portion to bring that forward on the Consent, with the budget amendment in a department report for next week. De Weerd: Okay. Okay. Well, I appreciate your time and thank you, Joe, for joining us. We look forward to seeing this as a completed project next week. D. Mayor's Office: 1. Presentation by Mayor's Anti~Drug Coalition: De Weerd: And now that I have challenged staff, they have been diligently trying to see if we can play this DVD on my computer. And I apologize, Council, I have been at meetings all day and so wasn't around to follow up with staff to make sure that this was set up and it's not -- and I appreciate your effort over there. So, we will go ahead and put it on our agenda for next meeting and I ask your forgiveness for not having that set up. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 06-045 Request for Final Plat approval of 61 single-family residential building lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Village Subdivision by Incline Village, LLC ~ 1947 and 1923 North Black Cat Road and 5136 West Cherry Lane: De Weerd: So, we will move to Item No.8, which is FP 06-045. Canning: Madam Mayor, Members of the Council, we don't have the computer reconfigured -- put back together yet, but staff is recommending approval of this final plat application and there was -- the applicant has provided a written agreement with the conditions. They did ask for clarification on condition number 13 and staff agrees with their clarification. It's for Incline Village Subdivision. There we go. Sorry. De Weerd: Thank you, Anna. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No.8, FP 06-045 final plat. Bird: Second.