286 Police Building Site Negotiations ReportRESOLUTION NO. 286
A RESOLUTION AMENDING RESOLUTION NO. 277 APPERTAINING TO
THE "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE
AGREEMENT ID #57176" CITY OF MERIDIAN BUYER, HOWELL-
MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION
SELLER, DIAMOND PROPERTIES, DAVE WILLIA.MS SELLING AGENT.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN:
SECTION 1: FINDINGS:
WHEREAS, the City Council authorized in Resolution No. 277 the Mayor
and Clerk to enter into and on behalf of the City of Meridian that certain agreement
for the purchase of a 10 acre site of bare ground for the intended use by the City for
a new police station, and other public use, from Howell-Murdoch Development
Corporation, an Idaho Corporation owner, entitled "Conunercial/hlvestment Real
Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and
conditions which are stated therein; and
WHEREAS, after the submission of the "Commercial/Investment Real Estate
Purchase and Sale Agreement ID #57176" the owner proposed additional terms and
conditions entitled "Development Agreement Addendum To Purchase and Sale
Agreement #57176" [hereinafter referred to for convenience as "Development
Addendum"] to which the Council must respond; and
WHEREAS, the Council has been duly advised by its Police Chief, Public
Works Department and City Attorney's office regarding the advisability of proposed
terms and conditions of the "Development Agreement Addendum To Purchase and
Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and
Sale Agreement"]; and
WHEREAS, it has been recommended by the Public Works Department that
the Transaction Screen Environmental Site Assessment dated September 15, 1998 be
updated, which is anticipated to be at a cost of $800.00 to $1,200.00 by the
Council's determination; and
i
RESOLUTION AMENDING RESOLUTION #277 - PAGE I OF 4
WHEREAS, the Land Use Concerns are as follows:
1. The property has not been subdivided and cannot be sold under
the City's or County's Subdivision Ordinance.
2. There is no public road access to the property. The subdivision
to the west has just been approved by City Council for final plat
engineering approval The plat is not yet recorded and no road or
utilities have been installed.
3. Property is currently zoned RT County and cannot be developed
for police station use under current zoning.
4. Property will have to be annexed and zoned. Zone options are
considering the proposed use under Meridian zoning law and is a
"Public ~ Quasi-Public Use as a permitted use in L-O zone and a
Conditional Use Permit in a R-8 zone.
5. Comprehensive Plan Generalized Land Use Map designates the
subject parcel as "Single-Family Residential". Comprehensive
Plan amendment recommendations front Planning and Zoning
can only occur every 6 months.
Expense Concerns are as follows:
1. Who pays for the Transaction Screen Environmental Site
Assessment update?
2. Who will pay for infrastructure improvements required for site
development?
WHEREAS, the Council finds that it is in the best interest of the City to
make a counter proposal in order to address the concerns of the Mayor and Council
and to assure that the property will be useable for the intended purposes and to
respond to the "Development Addendum".
RESOLUTION AMENDING RESOLUTION #277 -PAGE 2 OF 4
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor an Clerk are hereby authorized to offer and enter into on
behalf of the City of Meridian a counter proposal to the "Development Addendum"
as follows:
A. That the City reaffirm its offer and signing of the "Purchase and
Sale Agreement" and terms of City Resolution #277 and in
addition and as a condition thereof; and
B. This transaction shall close on or about April 10, 2000, subject to
the following conditions of closing:
The City and/or the Seller shall obtain and the Seller shall
pay for a Transaction Screen Environmental Site
Assessment update; and
2. Seller, at Seller's expense, shall make application and
obtain approval from Ada County for administrative lot
split which split to show dedication of northern 29' of
subject parcel for roadway and utilities.
3. Seller make application and obtain the annexation and
zoning of subject parcel as a City of Meridian R-8 Zone.
[The Council does not herein express an opinion about the
advisability of such a zoning designation, and expressly
reserves judgment of the same until the completion of the
public hearing process associated therewith.]
4. Seller agrees to complete infrastructure improvements of
Dee Jay Subdivision to the west of the subject property
which shall include construction of a public road, sewer,
water, power, cable, gas and telephone to the subject
property and stub in cul-de-sac as access to the subject
property within 1 year of the date of closing at Seller's
expense.
5. Seller agrees to construct within eighteen (18) months of
the closing necessary roadway and infrastructure
RESOLUTION AMENDING RESOLUTION #277 -PAGE 3 OF 4
improvements which shall be placed partially within the
dedicated northern 29' of the subject property as
referenced in part B. 2. herein, along the entire northern
length thereof [approximately 1,013 feet] with part of said
infrastructure to be placed upon the property adjacent and
to the north as required by the Ada County Highway
District and the City of Meridian. The infrastructure shall
include, but is not limited to the construction of a road,
curbs, gutters, sidewalks, sewer, water, power, cable, gas
and telephone. The Seller shall install whatever stub outs
and curb cuts the City may require for the City's parcel
and at the locations which are determined by the City.
All plans and specifications for the infrastructure shall be
first approved by the City of Meridian. The City shall
agree to then pay to Seller for one half (~/~) of the actual
cost thereof, an amount not greater than One Hundred
Fifty Two Thousand and No/100ths Dollars
($152,000.00) within 30 days of the final completion of
the roadway and infrastructure as herein provided for.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
~~~ day of ,~ G~2u~ ~ , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~=- day of - ~L~uc:~2 ~ , 2000.
or Robert D. Corrie
~sC..ii---- ~_
ity Clerk ~~j j
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RESOLUTION AMENDING RESOLUTION #277 -PAGE 4 OF 4
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
1, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerlc of this City, I am the custodian of its records and
minutes and do hereby certify that on the ~~ day of
,~utU~e. , 2000, the following action has been taken and
authorize .
A RESOLUTION AMENDING RESOLUTION NO. 277 APPERTAINING TO THE
"COMMERCIAUINVESTMENT REAL ESTATE PURCHASE AND SALE
AGREEMENT ID #57176" CITY OF MERIDIAN BUYER, HOWELL-MURDOCH
DEVELOPMENT CORPORATION, AN IDAHO CORPORATION SELLER,
DIAMOND PROPERTIES, DAVE WILLIAMS SELLING AGENT.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN:
SECTION l: FINDINGS:
WHEREAS, the City Council authorized in Resolution No. 277 the Mayor
and Clerlc to enter into and on behalf of the City of Meridian that certain agreement
for the purchase of a 10 acre site of bare ground for the intended use by the City for
a new police station, and other public use, front Howell-Murdoch Development
Corporation, an Idaho Corporation owner, entitled "Conunercial/Investment Real
Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and
conditions which are stated therein; and
WHEREAS, after the submission of the "Commercial/Investment Real Estate
Purchase and Sale Agreement ID #57176" the owner proposed additional terms and
conditions entitled "Development Agreement Addendum To Purchase and Sale
Agreement #57176" [hereinafter referred to for convenience as "Development
Addendum"] to which the Council must respond; and
CERTIFICATE OF CLERK OF THE CITY OF MERIDLANN - 1
WHEREAS, the Council has been duly advised by its Police Chief, Public
Works Department and City Attorney's office regarding the advisability of proposed
teens and conditions of the"Development Agreement Addendum To Purchase and
Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and
Sale Agreement"]; and
WHEREAS, it has been recommended by the Public Worlcs Department that
the Transaction Screen Environmental Site Assessment dated September 15, 1995 be
updated, which is anticipated to be at a cost of X500.00 to$1,200.00 by the
Council's determination; and
WHEREAS, the Land Use Concerns are as follows:
The property has not been subdivided and cannot be sold Linder
the City's or County's Subdivision Ordinance.
2. There is no public road access to the property. The subdivision
to the west has just been approved by City Council for final plat
engineering approval. The plat is not yet recorded and no road or
utilities have been installed.
3. Property is currently zoned RT County and cannot be developed
for police station use under current zoning.
4. Property will have to be annexed and zoned. Zone options are
considering the proposed use under Meridian zoning law and is a
"Public ~ Quasi-Public Use as a permitted use in L-O zone and a
Conditional Use Permit in a R-8 zone.
S. Comprehensive Plan Generalized Land Use Map designates the
subject parcel as "Single-Family Residential". Comprehensive
Plan amendment recommendations From Planning and Zoning
can only occur every 6 months.
Expense Concerns are as follows:
Who pays for the Transaction Screen Environmental Site
Assessment update?
2. Who will pay for infrastructure improvements required for site
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2
development'?
WHEREAS, the Council finds that it is in the best interest of the City to make
a counter proposal in order to address the concerns of the Mavor and Council and to
assure that the property will be useable for the intended purposes and to respond to
the "Development Addendum".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor an Clerlc are hereby authorized to offer and enter into on
behalf of the City of Meridian a counter proposal to the "Development Addendum"
as follows:
A. That the City reaffirm its offer and signing of the "Purchase and
Sale Agreement" and terms of City Resolution #277 and in
addition and as a condition thereof; and
B. This transaction shall close on or about April 10, 2000, subject to
the following conditions of closing:
The City and/or the Seller shall obtain and the Seller shall
pay for a Transaction Screen Environmental Site
Assessment update; and
2. Seller, at Seller's expense, shall make application and
obtain approval from Ada County for administrative lot
split which split to show dedication of northern 29' of
subject parcel for roadway and utilities.
3. Seller make application and obtain the annexation and
zoning of subject parcel as a City of Meridian R-8 Zone.
[The Council does not herein express an opinion about the
advisability of such a zoning designation, and expressly
reserves judgment of the same until the completion of the
public hearing process associated there`vith.]
4. Seller agrees to complete infrastructure improvements of
Dee Jay Subdivision to the west of the subject property
which shall include construction of a public road, sewer,
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 3
water, power, cable, gas and telephone to the subject
property and stab in cul-de-sac as access to the subject
property within 1 year of the date of closing at Seller's
expense.
5. Seller agrees to construct within eighteen (1 g) months of
the closing necessary roadway and infrastructure
improvements which shall be placed partially within the
dedicated northern 29' of the subject property as
referenced in part B. 2. herein, along the entire northern
length thereof [approximately 1,013 feet] with part of said
infrastructure to be placed upon the property adjacent and
to the north as required by the Ada County Highway
District and the City of Meridian. The infrastructure shall
include, but is not limited to the construction of a road,
curbs, gutters, sidewalks, sewer, `eater, power, cable, gas
and telephone. The Seller shall install whatever stub outs
and curb cuts the City may require for the City's parcel
and at the locations which are determined by the City.
All plans and specifications for the infrastructure shall be
first approved by the City of Meridian. The City shall
agree to then pay to Seller for one half ({/z) of the actual
cost thereof, an amount not greater than One Hundred
Fifty Two Thousand and No/100ths Dollars
($152,000.00) within 30 days of the final completion of
the roadway and infrastructure as herein provided for.
~` '~ ~
= ILLIAM G. BERG, JR.
- SEAL - CITY CLERIC
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 4
STATE OF IDAHO,
County of Ada,
ss:
On this ~ ~~ day of ~'~~~~'~~ , in the year 2000, before me,
~ h ~ ~~~ ~ ~ 1.~U1lL~r~ Lc~ , a Notary Public, appeared WILLIAIV[ G. BERG,
JR., l~zown or identified to me to be the Citv Cleric of the City of Meridian, Idaho
that executed the said instrument, and acla~owledged to me that he executed the
same on behalf of the City of Meridian.
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Commission Expires: ~ ~1;~~ C' ~
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 5
9. Public Hearing: Annexation and zoning of 4.~4 acres from C-2 and R-8
to C-G ~walgreen's~ by Hawkins Smith Management, inc. _ NIN corner
of Fairview and Locust Grove: Continue Public Hearing to February 1,
ZOOo
10. Public Hearing: Cvnditianal use permit to construct asingle-tenant
commercial building with adrive-thru windov~ ~Vllalgreen's~ by Hawkins
Smith Management, inc. - NUV corner of Fairview and Locust Grove;
Continue Public Hearing to February 1, X000
11. Request for hookup to city water and sewer on properties located on Lots
13A and 13B in Van Hees Subdivision by Randy Vl~are - on Linder Road
approximately %. mile south of Franklin Road: A!!ow hook-up providing
application for anne~cation and zoning
12, Department Reports:
A. City Treasurer -Janice smith:
1. Treasurer's Report:
B. Police Chief --Bill Gordon:
1. Local veterinarians selling dog licenses: Approve
C. Mayor Robert Cowie:
1. Planning and Zoning Commission Appointment: Salley Norton -
approve
2. Parks and Recreation Committee Appointment: Ed Fong -
approve
3. COMPASS Representative from City Council: Tammy de~Veerd
with Ron Anderson as alternate -approve
D. City Attorney -Bill Gigray:
1. Police Building Site Negotiations Report: Resolution #28~
~. Qevelapment Agreements for 111foodbridge Community, LLC -~
Resolutions #28l and #28S
Cifiy Cownci~ Agenda - January 1 S, 2~0~
Page 3