HomeMy WebLinkAboutNovember 26, 2002Meridian City Council
November 26, 2002
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preliminary title reports issued on the parcels and then the bank has to remove the
structures as a condition precedent to finalizing the exchange. We would open escrow,
get those preliminary title reports ordered and reviewed and make sure that there isn't
anything that needs to be cleared up there and the bank removes the structures per the
Exchange Agreement. Once that's done and everything's in place, we will go ahead
and finishing the exchange and close the transaction.
De Weerd: Okay thank you. I have nothing further.
Corrie: Roll call vote, Mr. Clerk.
Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye.
Corrie: Okay. Motion for Resolution Number 02-396 is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 8. Public H Baring: C omprehensive P Ian T ext Amendments r egarding
Urban Services Policies in the 2002 Comprehensive Plan:
Come: Item Number 8 is a Public Hearing on the Comprehensive Plan Text
Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan. At
this time, I will open the Public Hearing and invite the Council to -- excuse me -- provide
for staff comments first.
Hawkins-Clark: Good evening, Mayor, Members of the Council. The Comprehensive
Plan Amendment here tonight has got quite a background. I didn't come necessarily
prepared to give all of the details on the origination of the issue, but suffice it to say that
during the 2002 Comprehensive Plan adoption process, this body did raise a few
concerns about the policies that were on Page 92 of the Comprehensive Plan, in
particular the issue of providing public services or allowing private and wastewater --
waterand wastewater systems in our area of impact.
De Weerd: Mr. Mayor? I'm sorry, Brad. I don't want to be rude, but --
Corrie: Mrs. de Weerd.
De Weerd: We do have this letter from Mark Estess, dated November 26`h, that had
reference that the meeting that -- of the group that you coordinated to get together.
That a consensus was felt to have been reached without actually coming up with some
solid text and his recommendation is that this group get together, provide that text, and
maybe run it through the process. I would like to see that happen and so rather than
you have to do this now and then again whenever it comes back again. Would it be
appropriate to look at remanding it back to Planning and Zoning, so that staff has an
opportunity to come up with the text -- a text that this collaborative group can put
together and have the blessing and maybe explanation of Planning and Zoning. After
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November 26, 2002
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reading the minutes of Planning and Zoning, I don't think they understood why it was
back to them to begin with and I'm sure if they get it one more time, they are really going
to be happy with us. I would like to see it happen and let these people as well come in
front of Planning and Zoning and kind of say, yes, we were a part of the original group
that designed the text. We feel comfortable with this new -- in light of the concerns of
Council and staff and we feel that we have come up with the awin-win situation.
Without making, you go through that painful dialogue as what's happened, we want to
add one more chapter to it.
Bird: Drag it out a little longer.
De Weerd: Yes we just want to drag out the suspense. Is that what staff -- I mean after
reading this letter, is staff open to getting together and proposing that text and doing this
one last time?
Corrie: Brad?
Hawkins-Clark: Councilwoman de Weerd, Mayor, Members of the Council, yes,
certainly, we can put something together. My sense is that the -- you know, the
language isn't really going to be new for the Commission. You know, a lot of the issue
was laid out in the memos that the Planning and Zoning Commission received. I guess,
you know, if what I'm hearing is that you would like the Commission to actually review
some specific language that is -- as well as the Ada County Association of Realtors and
the Building Contractors Association and others. You know, we did notice correctly --
one question that comes to mind is -- and maybe Mr. Nichols can respond to that, is I
believe the Land Use Planning Act talks about the Planning and Zoning Commission
making a recommendation to the Council. I don't know that that keeps the Council from
not accepting that recommendation and just choosing to make your own decision on
how the text would read, even though the Planning and Zoning Commission didn't make
that change. Certainly, I think their desires are clear, they want to keep flexibility built
into the policy to allow developers to at least approach the city with developments in the
area of impact that would not be annexed. I believe that that much was clear from the
minutes at the Planning and Zoning Commission hearing. Certainly, we can -- my
sense is that the Planning and Zoning Commission made their motion pretty clear. I felt
that they understood the issues and -- but we can get together again with the private
parties, have a specific amendment actually drawn up from that meeting, which might
provide a little more clarity, but --
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess the P&Z Commission did kind of not seem too interested in
whatever we decided, so I would like that group to propose the text. This letter shows
that they felt, when they walked out of that meeting, there was some consensus as to
what it should state. I would not prefer to draft it myself, I would prefer that this group
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November 26, 2002
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draft it and recommend it and then we get on with it. If you don't feel it needs to go back
to Planning and Zoning, that's fine, you know, I feel comfortable, since they seem to not
have the -- some of the issues that we have discussed in front of them. They said that
we make the decision anyway, so if it's okay doing it at our level, I just thought -- I want
to do it right, however we do it, I'd like to see that it's done right. We have a little bit of
room to maneuver, because the county won't be adopting our Comp Plan until the new
Commissioners are seated and so we have that month of time and we need to take
advance of it, then.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would agree with Tammy 100 percent, but I don't think we need to go back to
Planning and Zoning. I think that this body gets together and, as they stated, the
realtors and the BCA, they felt they had something when they walked away. We didn't
follow up, so get together, get the thing drafted, bring it back before us I don't see why
that has to go to Planning and Zoning. Like Tammy said, we have got a month to get
the thing taken care of and let -- I'd feel more comfortable if that group would come back
with a recommendation myself. I'm like Tammy.
Corrie: Correct me if I'm not understanding this, but isn't the Planning and Zoning and
both of these groups in accord with not changing the text at all?
Hawkins-Clark: Mr. Mayor, that was a little bit confusing to me as well and in Mr.
Estess's November 26~' letter, on the last paragraph of his letter, he does state that their
formal position on the proposed text changes remains the same as when the 2002
Comp Plan was originally adopted and mirrors the P&Z recommendation. That says to
me that they are in agreement with the way the policy currently is, but they also said in
our meeting in August that they were supportive of adding the change that any parcels
that receive our services have the irrevocable consent to annexation attached. That
policy is not in the current Comp Plan, so that's a little different.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess how I read this is that the last they have gone back to their official
bodies was with the text from the 2002 Comp Plan, the official text. They would like to
formalize the language so they can take it back to their membership for review and then
bring it forward. They feel like they agree with staff at your informal meeting, but they
need the formal language to take back to their bodies just to get their nod, so that they
can present it to us. I guess that's how I read it so that there was a consensus reached
between when we passed the original version and that that text amendment seems to
be agreeable, that there is no formalized text for them to take specifically to their bodies
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November 26, 2002
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for them to sign off on it, to come and officially propose it to us. Let's give them that
opportunity. Is that clear as mud?
Bird: That's clear as mud and I agree with it.
Corrie: Ultimately, you're going to have to make the decision -
Bird: Yes. We have no problem with that.
Corrie: -- based on what you want to do, not what somebody else wants to do, just as
long as that's for the record but you never will get -- I think you understand that, so --
De Weerd: Well -- and I certainly wasn't planning for discussion, but if staff feels that
there was a consensus, I want to see that consensus and I'd like to see it in writing, so I
don't have to write it.
Corrie: You just have to read it.
De Weerd: I just want to read it.
Corrie: Okay we still have the Public Hearing. Okay any other comments, questions of
staff?
Bird: I have none, Mayor.
Corrie: Is there anyone from the public that would like to have -- to issue testimony on
this Urban Services Policies in the 2002 Comprehensive Plan? Okay then I assume
that you want to continue the Public Hearing. Okay. Then I will entertain a motion,
then, to continue this Public Hearing to a date certain. Have to go to the Planning and
Zoning -- actually, if you're going to do that, you have to go back to Planning and Zoning
you can just remand it back to --
Bird: No, I don't want it to go back around, Ijust --
Corrie: You have that choice.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I would continue the Public Hearing on the Comprehensive Plan
Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan
to December 17, 2002.
Bird: Second.
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November 26, 2002
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Corrie: Okay. Motion has been made and seconded to continue the Public Hearing to
December 17, 2002 any further discussion? Hearing none, all those in favor of the
motion say aye. Okay. The Public Hearing will be continued to December 17, 2002.
MOTION CARRIED: THREE AYES, ONE ABSENT
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Staff, I hope that will give sufficient time to come up with a proposed text to
bring back with you.
Hawkins-Clark: I think that will work. We will contact the association and get that going.
De Weerd: Thank you.
Item 9. Public Hearing: Tree / Forestry Ordinance:
Corrie: All right. Item Number 9 is a Public Hearing on the Tree/Forestry Ordinance, so
at this time I will open the Public Hearing and invite staffs comment first. Elroy.
Huff: Elroy Huff, Park Superintendent.
Corrie: And you're sworn in as a public official, so --
Huff: Contrary to what everybody believes, I actually dress like this about three or four
times a week.
De Weerd: Really?
Corrie: Yes. I have seen him.
De Weerd: You look very nice.
Huff: It's one of those things. I just want to say in the while that I have been here
working at the City of Meridian, it took me a couple of years to get here with this tree
ordinance, but -- and it's been awhile coming. You know, our city is changing a lot. We
are up to 36,000 people now and we are not a little place anymore. As those things
happen and as cities grow, they really need to have certain ordinances in place that will
help maintain the infrastructure and particularly in this ordinance is the preservation and
protection of existing trees, as well as some design on how new tree planting will be
done and how things are done in the future. I think this ordinance, as I have said
before, we will have more of an impact years down the road, than it will be right here in
the short term. I do believe that it is well written, I believe that it will serve our
community very well over the next number of years. There will be a few things over the