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HomeMy WebLinkAboutMay 2, 2006 C/C Minutes .. Meridian City Council May 2, 2006 Page 58 of 65 Musser: Madam Mayor, Councilman Wardle, Members of the Council, that's, basically, what I was looking for is if we had some options to be able to look at in the meantime as we move forward on this. That's also why we are requesting implementation in July. So, I appreciate that -- that offer. De Weerd: Well, we will go ahead and move forward, then, with the idea that we will explore the options and a report can be brought back to Council on what those options would be. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Then we better -- you better reopen the Public Hearing, so we can continue it. De Weerd: I don't think that's necessary. Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean unless you're looking at other information on the ordinance itself, I think you're just looking at implementation. You can certainly table Item 25 to your next meeting. Bird: Yeah. De Weerd: Mr. Nary, does that affect Item 25? Nary: No. De Weerd: Okay. Nary: I think, Madam Mayor, Members of the Council, unless your concern is of not implementing Item 25, unless we can -- unless there are computers available for these two businesses, that would be your only impact by this discussion next week. If you're still of the mind set to implement it regardless, then, you can certainly pass on it tonight if you choose. Item 22: Public Hearing: CPA 05-001 Request to Amend the Future land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density ReSidential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance - Land at or near the northeast and southeast corners of South Eagle Road and Victory Road: Item 23: Public Hearing: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed- -! ..- Meridian City Counctl May 2, 2006 Page 59 of 65 Use Community by Conger Management Group - 675 and 715 South Wells Street: De Weerd: Okay. Okay. I'll open Items 22 and 23 which are public hearings that are premature. Anna, do you want to give an overview on those two items? I know you -- you did in regards to -- that they still have not been in front of Planning and Zoning? Canning: Yes, ma'am. Sorry about that. I packed up all my stuff. I wasn't paying attention to the agenda_ Sorry about that With regard to the South Eagle Road Victory Road Property Owners Alliance, the Planning and Zoning Commission has finished their Public Hearing, in essence. They -- when they submitted their zoning request, they only submitted for one C-G zone. They came back and they submitted for C-G and L-O, which isn't a problem, but they also submitted for a residential zone. So, just to be safe, we weren't sure if it needed to be re-noticed or not, so erring on the side of caution and with the advice from our astute legal counsel, we decided to go ahead and re-notice the application with the residential zoning, just to make sure we had a good record. So, that one is just waiting to be re-noticed and, then, it can come up to you. But it will be heard again by them on the 18th. So, the soonest it could get up to you is the 20th. And I'm just providing the soonest dates for you that -- that we are aware of. If the Council is not having a hearing that date or wants to make sure that -- that one will be ready on the 20th, we are almost positive, so -- on the other one -- do you want to do these one at a time, Madam Mayor? De Weerd: No. If you will give them both. Canning: Okay. On the second one, the Wells Street Comprehensive Plan amendment, that goes before Planning and Zoning Commission on Thursday. So, if they were to make a recommendation on Thursday, it could get up to you by June 6th. Again, we have no idea how that hearing is going to go. Whether they will get through it in one night is -- 1 guess I'm a little doubtful at this point they will get through it in one night, but I'm not sure. De Weerd: Okay. Well, Council, 1 guess the direction we would ask from you is do you want to hear both of these together and if the soonest is June 20th, I do know that Councilman Wardle will be gone on that date, as will I, and -- but you will still have a quorum, it would just determine -- you would need to decide if you wanted a full Council seated for our Comprehensive Plan change. Rountree: I would think that would be appropriate. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: We discussed this in our agenda meeting and, certainly, if we are looking at Item 22 and the potential for that to push through, we have got a number of dates that .! Meridian City Council May 2, 2006 Page 60 of 65 are not going to work. I believe the first available date that we had where both the Mayor and the Council, that we were aware of, was going to be in full seat was the 11th of July, which if a June 20th expectation is there, it certainly doesn't seem out of line that it could come on July 11th. The other issue is on Item No. 23, we could potentially put that on the agenda for June 6th, hopefully get that out of the way or continue for -- you know, I'm not sure -- we could hear it and we could have that discussion on the 6th. I believe, Anna, you mentioned that it should come forward after this next meeting; is that correct? Canning: Well, if the Planning and -- if the Planning and Zoning Commission makes a recommendation to Council, then, it would be available for the 6th. Assuming that Council wants to wait until you have your P&Z recommendation. Wardle: And, again, just to remind -- I believe we have had that discussion a couple times, that we would like to see them come forward and -- I don't think we need to hear them together. As a matter of fact, I wouldn't -- I wouldn't want to hear these two applications in the same meeting, but if we could go on the 6th for 23 and, then, potentially July 11 th for No. 22. That's what the clerk's office and I have tentatively worked out. Bird: Sounds like a winner. Make a motion. Rountree: Make the motion. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we continue Item 22 to July 11th. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. Motion to continue these two items -- or hear them on the -- Wardle: Just Item 22. De Weerd: Item 22 on July 11th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. ~ Meridian City CounCil May 2,2006 Page 61 of 65 Wardle: I move that we continue Item 23 to January -- or June 6th, pending Planning and Zoning hearing. Rountree: Second. De Weerd: Okay. The motion is to continue -- or hear this Item 23 on June 6th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: They were reopened, right, Mayor? Or opened. De Weerd: Well, I didn't even know we opened them, because they haven't even been heard at Planning and Zoning. Berg: Madam Mayor, these have been heard by Planning and Zoning with recommendations. There is a project -- De Weerd: Oh, it's the applications. Berg: -- coming with them that we were trying to match up. So, I'm just making sure that we did open these hearings and we -- De Weerd: Well, we discussed them, so, apparently, they are open. Berg: Because we kind of just -- okay. Thank you. Bird: You opened them, right? Item 24: Ordinance No. 06-1229 Adding Title 6, Chapter 2, Section 9 of the Meridian City Code Regarding; Voluntary Relinquishment of Dogs and the Fee Therefore: Item 25: Ordinance No. 06-1230 Amending Title 3, Chapter 5, of the Meridian City Code Regarding: Definitions of Pawnshop and Related Terms, Pawnshop Licensing Regulations, Appeal From Denial of License, Inspection of Pawnshop Premises, Records, Prohibited Acts by Pawnbrokers, Prohibited Acts by Pawnshop Patrons, Exempt Transactions, Proving for a Penalty for Violations: De Weerd: You bet. Make sure you type that into the comments, Dean. Okay. Item 24. I need an ordinance number. Mr. Berg, do we have an ordinance number for 24? Okay. Ordinance 24 is 06-1229. Mr. Berg, will you, please, read that ordinance by title only.