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1979 12-17 A G E N D A Meridian City .Council December 17, 1979 ITEM: Minutes of previous meeting approved as read. 1. William Briner - 707 E. 2nd - Briner's Repair parking problem. 2. Home Federal Savings and Loan - 15' Variance and Design Review. APPROVED with the stipulation that there be a right turn only onto E. 1st and that the landscape plan be filed with the City and the fire hydrant be raised to street level. 3. ACRD Letter - Country Terrace Right-of-way Exchange - Gary Smith. 4. Impact Area Agreement Public Hearing - location to be in Meridian. 5. McFaddens Market - Letter of notification Of water turn off. 6. Info on Southwest Comrtnunity Plan. 7. Cherry Lane Golf Course Discussion, Robert Rudeen. 8. Engineering Report: Motion for Mayor to call a special meeting when the bill comes in for Nelson-Deppe. APPROVED. Motion to pay the Trash Pump bill to Starline Equipment Co. for $4,375.00. APPROVED. Motion to pay Invoice #2, Valley Steel Builders for $2,490.00. APPROVED. Motion to pay J-U-B final Statement for construction and design of the City Park for $7,605.79. APPROVED. Motion to transfer $6,865.00 from the Water and Sewer Income account 25 to the Construction Fund 20. APPROVED. 9. Department Reports: Ordinance #357 - Running engines in unattended parked cars prohibited. APPROVED. Ordinance #358 - 1979 Edition of the Uniform Fire Code. APPROVED. Ordinance #359 - 1979 Edition of the Uniform Building Code. APPROVED. Meridian City Nall December 17, 1979 Meeting called to order by Mayor Joe Glaisyer at 7:50 P.M. Councilmen present: Richard Williams, Marvin Bodine, Grant Kingsford, Bill Brewer. Others present: Steven M. Gratton, Robert Rudeen, Bruce Stuart, Roger Sherwin, Marilyn Olmstead, Roger Welker, Jeff Kune, Michael L. Milhollin, William Briner, Gene Wright, Ray Sotero, Kelly Everett, Rich Terrell, nary Smith, Colleen C. Eggert, Donald N. Leavitt, Leo Edward Miller, Paul E. White, Jim Blevins, Wayne D. Crookston, Jr. Minutes of previous meeting were approved as read. Agenda 1 William. Briner - 707 E. 2nd. Briner's Repair Service has a parking problem which Briner had talked with the Chief of Police about. The Chief had asked him about removing the two hour parking limit in front of his business. Briner needs to haul heavy equipment and tools in and out of his shop all day. People from the bars Dark in front of his building which causes him to haul the heavy equipment long distances to his vehicle. The Mayor stated that Griner had a good point and that there was an increase in parking tickets. Bodine suggested a loading zone. Griner agreed that this was a good idea. The Mayor stated that it be turned over to Street Commissioner Brewer and Chief of Police to look into the possibility of a loading zone. Chief Sherwin stated that even with the loading zone, after 6:00 they are not enforced. Griner stated that having to haul heavy objects across the road is dangerous, especially at night. He would like a loading zone in front of his business and mentioned that h9cFadden's Market would also like a couple. The Mayor stated that Brewer would investigate and make a recommendation to the Council. Agenda 2 Home Federal Savings and Loan Variance and Design Review. E, 1st and Franklin Rd. Robert Rudeen was present, representing a request fora relief in the side yard of a 20' setback off of Williams Ave. reduced to a 5' setback, (a 15' Variance.) This is for a drive-up window to be as far away from E. 1st as it is from Franklin Rd. There was discussion. Roger l~!elker stated that the fire hydrant would need to he raised up to street level. Kingsford questioned about emergency vehicle access. Rudeen estimated a 60' right-of-way. The curb and gutter will be pulled over enough so that there will be 30' to 40' of street. Williams stated that the developer behind Home Federal had asked fora vacation of Williams St. through Meridian St. which has not been as yet, granted, Rudeen stated that for people coming out onto Williams St., the standard 30' triangle that the State Highway Department has approved, as the curb cut is 50' back from the curb line. This is an exit only, right turn only. The Motion was made by Williams and seconded by Bodine that the 15" Variance be granted with the Stipulation that there be a right turn only onto E. 1st and that the landscape plan be filed with the City,and the fire hydrant to be raised to street level. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. Meridian Cit Hall .2. December 17, Agenda 3 Ada County Highway Department Letter on Country Terrace Right-of-way Exchange. The Mayor stated that Gary Smlth should get bacl: to the Council on the legal description. Agenda 4 The Motion was made by Bodine and seconded by Williams that the Impact Area Agreement Public Hearing be held in Meridian. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea, Agenda 5 The Motion was made by Bodine and seconded by Brewer to notify Mcfadderi's Market that if they don't pay their bill, their water will be turned off. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea., Brewer, yea. Agenda 6 Information on Southwest Community Plan. A meeting of the Ada County Commissioners. It was decided that they cannot study utilization of septic tanks in the Southwest Community Plan, to protect the aquifer from the City of Meridian. Agenda 7 Cherry Lane Golf Course discussion. Don Leavitt was present, representing Leavitt-NuPacific, developers of the golf course. `There is a problem with the maintenance and management of the golf course. It was deeded over to the City with only the provision that the City would maintain and manage it. The City leased it to a group and the leasees have not adequately maintained or managed the golf course. The original problem arose when approximately 5,000 feet of pipe broke on the course because it was not properly drained before winter and the freeze made it break. There is also a lack of personnel on the golf course to correct the problems. We have reached an impass and since we have a large investment in the course, we will proceed with the foreclosure to be reconveyed to Leavitt-NuPacific. It is not our desire to be in the golf course business and we have always intended to turn it over to the City fora Municipal course. We cannot allow the further deterioration of the course which will effect the general attitudes of the present and future citizens of Meridian towards the Cherry Lane development. In starting the foreclosure, we intend to regain the control of the course and put into the course the proper professionals, a golf course superintendent, golf pro and an appropriate staff so that the golf course can properly be maintained. At that point, it would be my desire to reconvey the golf course to the City as a Municipal course. Prior to that time, the City should seek out a professional staff for the golf course both from the management and the financial standpoint:' Bodine briefly objected to Rudeen's contention that the course was not properly maintained. Agenda 8 Engineering Report: The Motion was made by Brewer and seconded by Bodine that the Mayor call a special meeting when the bill comes in for Nelson-Deppe. Motion Carried: Williams, yea, Bodine, yea, Kingsfiord, yea, Brewer, yea. The Motion was made by Williams and seconded by Brewer to pay the Trash Pump bill to Starline Equipment Co. for $4,375.00. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. The Motion was made by Brewer and seconded by Bodine to pay Invoice #2, Valley Steel Builders for $2,490.00. Motion Carried: Bodine, yea, Kingsford, yea, Brewer; yea, Williams, abstained. Meridian Cit Hall .3. December 17, 197 The Motion was made by Bodine and seconded by Williams to pay the J-U-& Final Statement for construction and design of the City Park for $7,605,79.. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea, The Motion was made by Kingsford and seconded by Bodine to transfer $6,865.00 from the Water and Sewer Income account 25 to the Construction fund 20. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brener, yea. Agenda - 9 Department Reports: Bodine stated that he was told that the golf course was first class. King ford stated that Gene Wright, J-U-B deserves thanksfor the letter commending the Fire Department. Williams stated that the City has been against Ada Planning Association studying the utilization of septic tanks in fie Southwest Community Plan and that we did get a vote change, althouoh it was an uphill battle. Wayne Crookston, attorney, inquired about Pillow Palace. The Mayor stated that they needed to study this later. The .M yor read Ordinance #357 -:Ruhiirig engines in unattended parked cars prohibited entitaled: AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, BY THE REPEAL OF SECTION 10-118, AND TF1E ENACTMENT OF A REPLACEMENT THEREOF. The Motion was made by Kingsford and seconded by Bodine that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances by read on three different days, be dispensed with and that Ordinance Number 357, as read be passed and approved. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. The Mayor read Ordinance #358 entitled: AN ORDINANCE AMENDING THE FIRE CODE OF THE CITY pF MERIDIAN, BY ADOPTING THE 1979 EDITION OF TtiE UNIFORM FIRE CODE. The P1otion was made by Kingsford and seconded by Bodine that the rules and provisions of 50-4002 and all rules and provisions requirine that Ordinances he read on three different days, be dispensed with and that Ordinance Number 358, as read be passed and approved. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. The Mayor read Ordinance #354 entitled: AN ORDINANCE AMENDINr, THE BUTLDINr., CODE OF THE CITY OF MERIDIAN, BY ADOPTING THE 1979 EDITION OF THE UNIFORM BUILDING CODE. The Ptotion was made by Williams and seconded by Kingsford that the rules and provisions of 50-9002 and all rules and provisions requiring that Ordinances be read on three different days, be dispensed with and that Ordinance Number 359, as read by passed and approved. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. The Motion was made by Kingsford and seconded by Brewer to adjourn the meeting at 8:32 P.M. Motion Carried: Williams, yea, Bodine, yea, Kip(gsfford, yea, Brewer, yea. i Cler ~~ j- MERIDIAN EXECUTIVE SESSION - CHERRY LANE VILLAGE GOLF COUkSE December 17, 1979 The Motion was made by Williams and seconded by Brewer to go into Executive Session at 6:40 P.M. Motion carried: Williams yea, Bodine, yea, Kingsford, yea, Brewer, yea. Attending: Joseph Glaisyer, Mayor, Councilmen: Richard Williams, Marvin Bodine, Grant Kingsford, Bill Brewer, City Clerk, LaWana L. ~Jiemann, Don Leavitt, Colleen Eggert, Lee Edward Miller, Attorney for Leavitt, and City Attorney, Wayne Crookston. Don Leavitt opened the meeting by stating the Leavitt-NuPacific proposal is very simple, they are now beginning procedures of foreclosure on the golf course, they felt the City has not performed in accordance to their agreement. His public statement said that "we gave the City the golf course as a gift with the provision that the golf course be professionally maintained and managed in a proper manner, in our opinion, it was not properly maintained and managed, we have proof positive of this which has been accumulated over a period of time. We have expert witnesses of professionals in the field of golf course architecture, management, and maintenance that will state that the golf course has been mis- managed and mismaintained." "We want the City to meet their obligations and yet we want to cooperate. I volunteer, publically, that we will bring in the professional people to manage the golf course fora reasonable period of time, until such time as the City and ourselves can find appropriate management that they are satisfied with, and that we're satisfied with, and at that time, we will deed the golf course back to the City as Municipal Course." Leavitt read a portion of his statement to the press at this time. (Newspaper article on file.) Bodine responded that he is completely-against the foreclosure. He would stand up in court with the fact that the sprinklers were not set correctly, the Lovans were handicapped with broken pipes, that he was at the golf course with professionals and they stated that the top soil had been laid incorrectly. Leavitt stated the broken pipes were proven to be caused by improper draining. He refused to pick up the bill for this. 6odine questioned the probability of broken pipes because plainer was not used on the pipes at installation. Leavitt could not answer on the ground that he was a businessman, not a designer. He stated that Bob Baldock did the golf course, J-U-B Engineers, Inc. did the design, and Leavitt-NuPacific picked it up from there, no one had complaints with Baldock when he made his presentations, no one had any complaints when the plans were shown, approved, and accepted by the City, and then turned over to the City. Kingsford asked Attorney Crookston where the legal case stands for the City's standpoint. P1r. Leavitt has stated that he is going through with the default against the City. Crookston stated that if Leavitt-NuPacific files a default against the City for failure to live up to their (City) agreement, then because of the nature of the fCCact, the City has leased the golf course, the City either defends itself, or the Che~rynLanenR~crea~fo~i;olYnc~l~ cress claim against the Lovans, Lessee, known as the Kinsford questioned the dollar line cost for the City, stating the City will no doubt be sued from both sides. Leavitt stated he didn't want it to go that way and stated to Attorney Crookston "the City took the golf course with the provisions of one year trial basis, we (Leavitt-NuPacific) said, here's the golf course, maintain it. Eight months later we come back and say, you didn't maintain it, now we want it back. We don't have to go to court. I'm saying that we filed the default notice within the first year. We will take it (golf course) out of the hands of mismanagement and get new management." Crookston stated that they cannot assume that the Lovans are going to "just leave" by either Leavitt or the City saying "you have got to leave." The City has a right to send them a default because of the years provision, this does not mean the Lovans will not ao to court. The City is caught in the middle. The one year provision was set up basically for review. .z. fdERIDIAN EXECUTIVE SESSION - CHERRY LANE VIiLAGE GOLF COURSE December 17, 1979 Leavitt stated he is still trying to avoid going to court and a "rift" between his firm and the City, as it will deter him from bui:ldina the rest of the Cherry Lane Village development. He criticized Richard Orton's report as to bad public relations, conflict of interest, appearance of fairness, doctrine, etc. Leavitt again stated he is forced to go into a foreclosure. Brewer stated in his opinion, that as far as the City is concerned, they are aoina to have to disregard personalities one way or another. Tt seems there is a possibility of the City getting sued on~way, or both ways. The City, at this point, has not made a dime off of the golf course, the City cannot afford a lawsuit. He felt there was too much argument about petty things and the main concern should be what the City can do. Bodine stated that the Chamber of Commerce is involved and that they are behind Mr. Lovan regardless. Colleen Eggert stated that if Leavitt-P1uPacific could have received some sort of substantiation that next years carrying capital would be available to the management, and that they would have enough money to hire a pro greenskeeper, people to maintain the golf course, then there would not be this problem. Bodine stated that he felt Lovan won't have the money, but has a greenskeeper hired from Hill Crest that will be there. Lovan will be here at the end of March and from then on. Leavitt stated he would not build the second nine under these conditions. Just a nine hole has to have so many full time by standards. He stated that Leavitt- NuPacific will take the golf course back, hire the people, pay the tab and pick up whatever revenue comes in. If he has to use eviction procedure, the Sheriff will be there. Crookston asked, in all practicality, how quick did he think he could get the golf course back if he goes this route. Leavitt answered that it could take him a long time. Leavitt read the remainder of his public statement to the press. Mayor Glaisyer stated that his position was that the City should stay in the middle of this. Williams stated that the City will be in the middle with both sides firing Personally he felt that if Cherry Lane Recreation, Inc. management does not have the financial resources and the experience necessary to operate and maintain the golf course, from now through a period of time, the City will.be,inthe same situation'n2xt year, the summer of 1980 will be a rerun of 1479. Kingsford questioned by whose standards is the management being judged. (The reports and statements heard tonight have been Leavitt's.) Leavitt stated that "if the Lovan's can give you (City) in 30 days a proper format of what should be done, the items listed in his statement, and assure the City whether it be in bonding or whatever vehicle they can use, and you're (City) satisfied, then they can stay there forever." Leavitt questioned his attorney if this could be done. The attorney concurred. Crookston took this matter one step further and stated that if the City found that the Cherry Lane Recreation, Inc. did not meet those standards, then the City would have to proceed with the default, foreclosure, or getting an eviction on Lovans. The City is back in the same spot, a court situation. Leavitt stated that Leavitt-NuPacific will make the determination if they should start the action against the City in advance, with the understanding that the Counselor will call it off if Lovans are capable of handling it, and if a program has been presented that makes sense. Leavitt and Attorneys left the office at this time. Williams stated he did not want the City to go to court. This matter could drag out and the golf course deteriorate meantime. He is not satisfied with what has been done and questioned if Lovan can meet the standards. .3. _ , MERIDIAN EXECUTIVE SESSION - CHERRY LANE VItCAGE GOLF COURSE Decerhber 17; 1979 Bodine stated that Leavitt has had it in for Lovan, but when Lovan is here in March, these standards will be met. He stated most of the problems are still there. There is no way the well will get water until the water comes in the ditches, the J-U-B people didn't do a thing to correct the problem, greenskeeper or not. Bodine asked that more time be allowed for the Lovans. Kingsford stated that Leavitt is inflexible and will not see the other side. The City should not bend to Leavitt. He stated that he would never approve taking the golf course back. The Motion was made by Brewer and seconded by Williams that the Special Session adjourn at 7:40 P.M. Motion Carried: Williams, yea, G~-,2>.~cr , `_ ` 1a1/ ty Clerk Bodine, yoga Kingsford, yea, Brewer, yea. f ~ ~~ Ma cc: Mayor Williams Kingsford Brewer Orton File ._ es 5 ,~ ~, ';~'" ; {y~~~ l ///µ~ b _ SY. AD~BT~9i THAI I4~ =l3f~!Y8~ ,Q~ '~ Ulilf"'C~!'-i.A~t7 C~r '" ?" EX#21~' BY 3'8~ ~ailMlR ~ +CZ7'Y CCZL =~" ?~Cr;C?l~ , 0! 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