Summerfield Subdivision No. 1 Temporary Sales TrailerHUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman -Planning 8 Zoning
GRANT P. KINGSFORD
Mayor
MEMORANDUM
TO: Mayor d Council
.~~~~s
FROM: L. Stiles, Planning & Zoning Administrator
DATE: August 2, 1994
Item No. 21
8/2/94 CC Meeting
RECEIVED
AUG p 2 1994
CITY U~ l~tltiltJitl~y
SUBJECT: Request for Temporary Construction/Sales Trailer in Summerf~eld
Park Pointe Realty/G. L. Voigt Development
The proposed location of the temporary construction/sales trailer is on the park site for
Summerfield Subdivision. The park site is to be developed in the first phase of Summerfield
Subdivision even though the entire park area has not been platted at this time. This building
would be within the area of the proposed soccer field. Many hours were spent to arrive at the
agreed upon dimensions and layout.
In addition, we are having problems with the development agreement for this subdivision because
of the joint ownership of Voigt/Boesiger, with Boesiger refusing to provide a perimeter fence
until construction actually begins on his portion of the property, which is adjacent to the Davis
farm. The Davises are upset that they are continually cleaning up after builders and are
wondering why all of the promises made during development have not materialized.
I recommend that the temporary construction/sales trailer be denied based on lack of
conformance with the approved development and apparent misrepresentations by Craig Groves.
If the temporary trailer were to be allowed, I ask that it be for a maximum of 12 months and that
it be located on a lot other than that intended for the park.
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Meridian City Council
August 2, 1994
Page 47
homeowner to keep it up.
Kingsford: Well, ideally a lot (inaudible) they ought to maintain the ditch on their own but
that isn't going to happen. Is there a motion?
Morrow: Can you review where we are at here now?
Kingsford: I think we are more or less comfortable (inaudible) in the final plat exclusive of
the easement I would suggest to the Council if it is their will to approve the final plat that
they stipulate that the CC&R's be amended and reflect those concerns and you might even
write those specifically.
Morrow. Mr. Mayor, I would move that we approve the final plat for Fawcett's Meadows
Subdivision No. 1 subject to compliance with all of staff conditions, also that the Covenants
and Restrictions reflect the special usage of the easement for Ten Mile Drain, reflecting
the uses the fencing requirements and the types of landscaping that can be done and the
notification that it is an easement subject to use by Nampa Meridian at their will. And that
the homeowner is responsible for any types of repairs or things that Nampa Meridian may
destroy in their maintenance of the ditch.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the final plat of Fawcett's Meadows
No. 1 subject to staff approval, and that the CC&R's reflect the easement protection on Ten
Mile Drain, spells out uses and fencing, landscaping, note of the easement is a protection
of the Nampa Meridian Irrigation District, the homeowners have to repair at their own
expense any damage done by Nampa Meridian in maintain that ditch, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Corrie: Mr. Mayor on that development agreement will that be included in that?
Kingsford: I think that is where we started out with this, that ought to be in there Shari
something along those lines as well as the CC&R's.
ITEM#21: G.L. VOIGT DEVELOPMENT AND PARK POINTE REALTY: REQUEST FOR
A TEMPORARY SALES TRAILER:
Kingsford: Anyone here still from that group? Mr. Merkle, they better not want it for more
than 6 months or they are in deep trouble.
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Meridian City Council
August 2, 1994
Page 48
Merkle: Mr. Mayor, members of the Council I am Jim Merkle from Hubble Engineering
here on the behalf of Mr. Voigt who had to leave town earlier this evening. You do have
some sample photos of those trailers that the Park Pointe has put up on other projects.
They are requesting that, anticipate the trailer to be used for up to 18 months, it is 12 more
than the 6 you just talked about. However, in their application they talk about a holding
tank for human waste, I talked to him outside before they left, we are going to hook that
up to sewer and city water for that particular lot. And the lot they are talking about would
be either, it will not be on the soccer field or the well lot it will be on one of the 2 lots to the
east or the west at their choice.
Corrie: 10 or 13?
Merkle: 10 or 13.
Kingsford: Well to be consistent with what the Council has done in the past I suggest it
be 6 months with a renewal upon request (inaudible).
Merkle: We are talking about, Voigt probably owns what will be 140 to 150 lots in the
subdivision. They would like to get established there and I think 6 months is a little bit short
of a period of time for that type of market.
Kingsford: We recognize that, we just have a precedent on the length of time, if there is
not a problem I don't think this Council has ever had a problem with extending that
(inaudible).
Tolsma: Have you seen Shari Stiles's comments?
Merkle: No I have not but I would like to.
Morrow. Could we have her expound on those comments while Jim is reading them? Your
letter dated August 2nd which vuould be today's date which Mr. Merkle is currently reading
can you expand on that, we have already addressed the issue of the trailer being in the
soccer field which is not the case, but paragraph 2 and then your recommendation is a
denial of the temporary sales trailer can you give us some background on what is going
on there?
Stiles: Councilman Morrow and Mayor and Council I have been getting calls from the
Davis's on a weekly basis and I think Bruce Freckleton has been and sometimes on a daily
basis. (Inaudible) during the annexation and zoning process and the preliminary plat. The
problem is there is separate ownership now with Voigt and Boesiger, neither one claiming
responsibility for what the other needs to do. The perimeter fencing was required at the
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Meridian City Council
August 2, 1994
Page 49
beginning and 1 interpret that to mean perimeter fencing of the entire annexed property.
Boesiger says it is not a condition of his property until he actually starts constructing. The
problem now is that Gary Voigt's properties are (inaudible) and they are going ahead and
building all of that debris is going over into the Davis's property. I asked Mr. Boesiger if
he would consider putting that fence up now to help out the Davis's and get rid of that
problem. He said that he didn't want Gary Voigt's trash on his property either. So we are
at a point where we really need a development agreement that is signed by both of the
owners and can't seem to get an agreement or any satisfaction of something done. And
the reason I was recommending it be denied was that one that is was on the parksite and
the other that to get these other issues cleared up before we allow any special privilege
or something of that nature. .
Morrow. How did we get into this mess?
Kingsford: Well a variety of things happened, one was Voigt thought that we was buying
the whole parcel didn't have the option to buy and Boesiger did. And so we sat here with
the problem even on annexation at one point because of who owned what parcel of
property. It has had its problems along that line from the beginning. I think I concur with
Shari having heard those comments I was unaware the fence wasn't built.
Merkle: I would like to address.
Kingsford: Let's clear the damn thing up and get a development done would be my
recommendation.
Merkle: Regarding the development agreement Summerfield #1 development agreement
was before the Council probably 2 months ago with an approval based upon details being
worked out between staff and the developer. Mr. Boesiger, myself and Shari met last week
or the previous week to try to come up with a development agreement that just dealt with
his property. The things like pressurized irrigation, landscaping, fencing that belonged to
his phase. And we have submitted that to Shari. I am not sure of any subdivision and I
would like to know one that if you annex 60 to 70 acres that it is completely fenced upon
annexation, I don't think there is one, you fence as you go within each phase. And I think
I have heard Mr. Morrow say in previous meetings that fencing prior to construction means
home construction. That is the way 1 understood you to say that at a meeting here a
couple weeks back. Mr. Boesgier is not against fencing it, it is just impractical and causes
a hardship for him to fence the back of his lots before utilities that go along the back of the
lot lines are installed. If there is possible grading that has to be done for the lots.
Kingsford: I would call attention to the approvals at the time were conditioned upon us
protecting the Davis's that is not being done and it needs to be done before anything else
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Meridian City Council
August 2, 1994
Page 50
happens.
Merkle: I will pass that on, I wish I would have had this letter dated August 2nd earlier this
evening we would have had both of them here this evening to clear it up but we don't. I
don't have the minutes in front of me but the condition was perimeter fencing prior to
construction.
Kingsford: And as I recall that discussion it was to protect blowing debris from going onto
the Davis's property.
(Discussion Inaudible)
Merkle:. One solution we talked about was some kind, Mr. Boesiger does have a hardship
to try to fence his back property line it would cause telephone cable, pressurized irrigation
just a big conflict to construct adjacent to a fence. I think one option would be to have
them provide a temporary fence around their phase where they are constructing.
Kingsford: It would be my recommendation to the Council that they do that and then come
back and talk to us about the temporary sales yard they are building.
Tolsma: (Inaudible) one of their comments was that the Council said that would ail be
protected (inaudible) very unhappy that it wasn't. I said come to the Council meeting and
tell us about it and she didn't (inaudible). You already agreed to that and promised it and
everything else and nothing has happened (inaudible).
Morrow: Let me ask you, you handle both Max and Voigt's deal?
Merkle: Yes
Morrow. This is one of those deals that we discussed in terms of a social obligation that
we have as builders and developers to make sure that the side property (inaudible)
impacted.. Those 2 boys had better get their act together, get the side property thing
protected. All of us here understand and you included the intent in terms of fencing is just
to keep the construction debris out of their fields. How many $1500 cows do you want to
buy. And the question is, you are going to buy them if one of them gets sick because of
something they ingested because we are such pigs that we can't take care of our
neighbors properly. I think from my perspective is that if woe are going to get their attention
we shut down the whole project until the issue is settled. Not only their little trailer house
deal which is a minor inconvenience, but let's get the thing up on the table and let us in our
industry do what the hell we said we were going to do. And let's protect those other folks
interest. That is as I see it, if we are not doing the job we are supposed to do we need to
Meridian City Council
August 2, 1994
Page 51
do it.
•
Merkle: I suggest with your proposal tonight it will bring it to a conclusion real quick.
Morrow: If they can't get along, they can figure out a way to get along to solve this
problem, because their fighting doesn't mean that the Davis's should suffer because they
disagree. Let them (inaudible).
Merkle: A clarification for my point, when you are talking about an annexation of say 100
or 80 acre or whatever the perimeter gets fenced prior to the development of the property.
(Discussion Inaudible)
Kingsford: What we are saying is, and the whole intent of that fencing was to protect that
transition to agricultural. That was discussed at great length here. Don't let's move that
into an area of what is generally considered, you have to fence the whole project, we are
looking here at protection. They have got to do that.
Morrow. Perimeter fencing Jim in my mind means after the utilities are in (inaudible) make
sense to put up 6 foot cedar fencing and then beat the hell out of it with track hoes and
everything else putting in all kinds of irrigation (inaudible). You have a 5 foot easement
across the back of the property for that kind of stuff you and I both know that in the sweep
of (inaudible) back hoe the fence is history. But if in fact we are going to start building on
those phases before that (inaudible) is done we need to protect those folks with at best
temporary fencing so that stuff doesn't happen. Because their rights to use pre-exist or
come before (inaudible) in terms of developing. So it is kind of a grey area to say the
least, the other side of the coin is that we need to solve that problem. From my
perspective it does not mean permanent fencing when we are several hundred feet away
from that phase being done. Because if you put the perimeter fencing in now as you well
bring out that is gets destroyed putting in the utilities.
Merkle: That is better, that is a good solution, they just need to come to it.
Kingsford: Bring that to their attention and let Shari know what that is and we want to see
a site inspection, have Mr. Freckleton look at that and make sure it is adequate (inaudible).
We they have met that then we will discuss the temporary sales trailer, if that is alright with
the Council?
Morrow. That would be my suggestion and quite candidly a follow up to that would be if
that doesn't come post haste that all building permits cease.
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Meridian City Council
August 2, 1994
Page 52
Crookston: I think you need a motion to that effect.
Kingsford: 1 would entertain a motion to table the temporary sales office for Voigt and Park
Pointe until the next meeting pending remedy of the building debris and fence
encompassing the Davis's.
Yerrington: So moved
Tolsma: Second
Kingsford: Moved by Max, second by Ron to table to the next meeting the request by Park
Pointe Realty for a temporary sales trailer pending a remedy of blowing debris and
temporary fence, all those in favor? Opposed?
MOTION CARRIED: All Yea
Morrow. Mr. Mayor, a point of discussion was. that Bruce Freckleton and Shari are going
to (inaudible) Mr. Davis be a part of that because quite candidly he knows what works
there and the wind patterns and so forth.
Kingsford: Yes, a 3 barbed fence isn't going to protect it.
ITEM #22: DEVELOPMENT AGREEMENT: COUGAR CREEK SUBDIVISION:
Kingsford: Who is dealing with that, Shari?
Stiles: Mayor and Council do you all have a copy of this? It is still a basic boiler plate,
Wayne Crookston made some comments on Hartford subdivision but he will make some
comments on this. It is not very detailed as you probably figured out on these
development agreements. The main issue is the exhibit B and what we require there. We
also have another bike/pedestrian path along the south slough here. And again I am
wondering whether to make fencing a requirement of that subdivision or ask them to
construct that bike path. Right now they have 15 feet from the top of bank, this is a very
wide area. I am not sure it is called the Slough, it is a wide canal it is not a natural kind
of a stream as it is further to the west.
Kingsford: What was the disposition of the Board of Directors at Nampa Meridian when
that was discussed?
Stites: No
Juiy 27, 1994
William G. Berg, Jr.
City Clerk, City of Meridian
33 East Idaho
Meridian, ID 83642
RE: Application for Temporary Construction/Sales Trailer
Dear Will:
RECE~VE~
J U l 2 9 1994
CITY (~~ ~~~~~~~~
Park Pointe Realty, Inc, and G.L. Voigt Development, Inc. are requesting approval to install a
Temporary Construction/Saies Trailer in the Summerfield Community.
Enclosed are photographs of two temporary construction/sales trailer facilities, and a site plan
showing the temporary location of the facility.
The construction/sales trailer would be serviced by city water, and a holding tank for human
waste which would be pumped on a regular basis. We anticipate the trailer to be used for up
to 18 months.
If you have any questions, please contact me at (208)323-0062.
Sincerely Yours,
~'
R. Craig Groves
Associate Broker
Park Pointe
REALTY, Inc.
P. O. Box 8082 • Boise, Idaho 83707 • (208) 323-0062