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HomeMy WebLinkAbout2002 09-24 Joint Ada County Meridian City Council Joint Meeting September 24, 2002 With Ada County Commissioners The Special Joint Meeting of the Meridian City Council was called to order at 5:00 P.M. on Tuesday, September 24, 2002 by Mayor Robert Corrie. Council Present: Mayor Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Ada County Commissioners Present: Grant Kingsford, Roger Simmons, and Sharon Ullman. Staff Present: Bill Nichols, Brad Watson, David McKinnon, Mike Worley, and Will Berg. Corrie: I’m going to open the Joint Workshop Meeting with the Meridian City Council and Ada County Commissioners Tuesday September 24, 2002 at 5:00 p.m. Let the record show that all three of the County Commissioners are here and all the attendance of the Meridian Council is here. Tammy de Weerd, Cherie McCandless, Bill Nary, Keith Bird and Robert Corrie. So at this time the meeting is going to be on two things. Discussion with Ada County Commissioners on Renegotiation of Area of Impact on Bristol Heights number 21, ten acres by Capital Development. And also the discussion with Ada County Commissioners on Renegotiation of Area of Impact approximately 12 acres by W.H. Moore Company. At this time I will turn this over to Commissioners. Primarily what we want to do is discussion first. Discuss the Renegotiation of Area of Impact on Bristol Heights number 21. Kingsford: Mayor, we’ve had this discussion with the City of Boise probably two or three weeks ago. Their staff advised us that you guys have been communicating on that and that you were good with it. Taking that out of your area of impact and putting it into Boise’s and then likewise the second item Boise was good with W.H. Moore taking that out of Boise’s and putting it in yours. I don’t believe we have any questions. I think that the Commission is willing to do that since both parties are agreeable. I don’t think we have any problem. Ullman: Just as long as we do both and not just one or the other. Corrie: Right and that’s how we feel about it to. Any Council member have any questions or anything statements? Well, then I think we both are in agreement, Roger. Simmons: I guess the only thing that I would think that, I don’t know if needs to be turned over to the attorney. Do we need to have a staff report on the record before we take action? Or is everybody pretty much – Nary: I guess, Mr. Mayor, I would think Mr. Nichols would probably put the record itself with the consent of the Commissioners maybe in writing as well. Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 2 of 10 Corrie: You all know Bill Nichols. Nichols: Mr. Mayor, members of the Council and Commissioners. I think a record of the meeting is probably sufficient since it will have to be enacted by ordinance by all three unities anyway. We can have a letter that simply reflects the discussion but I don’t think staff has already reviewed it at least through P and Z Commission level at most (inaudible) City Council. So I think that’s probably sufficient. Simmons: Do we need to vote on the record at this time that we approve the concept? Nichols: That would be helpful. Simmons: I move that we approve the concept in making the changes. Ullman: Second. Simmons: Any other discussion? Hearing none, all those in favor of the Commission. Opposed? Unanimous vote. Corrie: I guess we can, this is a Public Hearing, the Public’s here so we can also do the same thing approve both Bristol Heights and area of impact into County. Bird: We have already approved Bristol Heights last Tuesday, but we do need to approve W.H. Moore’s. But are we getting ahead. They are coming out of Boise. Has Boise approved W.H. Moore’s yet? Corrie: We had this discussion (inaudible) Bird: Get up here so we can here you. Seal: My name is Jonathan Seal, 600 North Steelhead, Boise Idaho, W.H. Moore Company. What we have received a while ago because we had started this process and then held back for a variety of reasons. But I can circulate this letter. That was the letter from Mayor Coles that basically says City Council and the Mayor felt it was fair and reasonable for us to modify the area of impact and to proceed with a formal hearing. Subsequent to that then we went ahead and put a hold on it for a variety of reasons. I really don’t think we need to go over it in detail. So at least in concept they have approved it. So I think now it is just the formal hearing process that we have to go through. Bird: Well when we had discussed this and Mr. Nichols can verify it. But I believe that we felt with Bristol Heights that we should’ve, coming out of our impact area, we should’ve approved before Boise did we (inaudible) so Mr. Seal Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 3 of 10 needs to go get Boise’s approval through ordinance and then come to us and we get ours. Is that okay with the Commissioners and everybody? Kingsford: We have no problems. But Mr. Mayor if I may. Are you aware didn’t Boise at least tentatively approve this because when we talked to them at our joint meeting like I said two or three weeks ago this was one of our discussion topics. Nary: Mr. Commissioner Kingsford. You’re referring to W.H. Moore’s property or the other one? Kingsford: Yes, both. Nary: I know that the Bristol Heights property was already approved and then they delayed the final part of it till our ordinance and been approved and the annexation had been approved. I think it’s the same stage for W.H. Moore’s or it may actually be completed, I don’t know. Seal: I think there’s a little bit of confusion maybe it’s because on my part. I did call Lynn Gibbs about a month ago, three weeks ago. He said he needed a copy of the will serve letter, we understood that (inaudible) and he would put it on the th agenda I think it was for October 4 if I recall. But it’s not clear in my mind the procedure, there seems to be some difference sometimes in opinion of how it’s supposed to be received. Maybe that’s just me. So I don’t know if we can do it at the same time as City of Boise or do it at the same time as City of Meridian or do we have to do one or the other. Then I guess its time (inaudible). So I’m a little unclear on it but we can proceed anyway. I sense in talking to Lynn Gibbs is that in their mind its been at least somewhat informally approved so I think its just more of going through the formalities more then anything else. Corrie: Mr. Nichols, would you say then that we shouldn’t have it on the agenda the first of October and approve it. Then after they do or before or how’s that supposed to work? Nichols: Mr. Mayor, members of the Council, members of the Commission. One of the things we wrestle with is what kind of procedures do we have to go through. Have you processed this in front of the Planning and Zoning Commission? Seal: No I haven’t done anything. My understanding was, Mr. Nichols, that my first step that I’ve been told of was the renegotiation meeting, just this between the Ada County Commissioners and the City of Meridian and until that is accomplished nothing else proceeds. So I think. I’ve been told by Ada County’s Patricia Neilson that that’s the first step. So I guess this is step one, it’s not clear to you then (inaudible) Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 4 of 10 Nichols: Mr. Mayor, members of the Council, members of the Commission. The area of impact agreement language in the statutes really doesn’t contemplate these (inaudible) boundary issues. Then so we’ve been struggling with the process and what Patricia Neilson did come up with was basically if everybody agrees, first get the heavy lifting out of the way and then go through the appropriate process second. So I didn’t really get the card quite straight with Capital Development (inaudible). So, (inaudible) will do right. This is the first step. The answer to Councilman Bird’s question about how do you do it. I think you can say, contingent upon Boise City’s formal approval of the (inaudible) area and their City area of impact is Meridian’s. That’s the (inaudible) and (inaudible) pursue accordingly with the two ordinances from both cities. Simmons: From our perspective, we’ve obviously had discussions with both sides. We don’t have a problem with it. Chairman Kingsford said we, it’s kind of nice to be in our position where we have two sides that agree and just approve it. So however you guys want to proceed, I suppose that’s up to you and legal staff in terms how the best way is to. I can’t imagine us having a legal challenge to this – not only do you guys approve of it, City of Boise approves of it but apparently the landowners all approve and so it doesn’t seem to me that there’s much difficulty. Kingsford: I think again from our perspective as soon as you all formally agree to that we just need to have the ordinance numbers and put it on our agenda and have it formally approved as well. De Weerd: Mr. Mayor. Ullman: A couple of thoughts, somebody suggested that this needs to be blessed at an earlier meeting. Commissioner Chairman Kingsford today was said to be the minister. So I suggest he bless it and I think that perhaps as far as the record we probably ought to get a copy of the tape and create minutes for our records to show that this meeting did take place in case there is ever any question. Kingsford: I think that the Clerk here would prepare those. Ullman: Minutes so we can get a copy of those. Okay, as long as we can get a copy for our records. Kingsford: So do you want to motion? Corrie: Motion that you attended. Kingsford: That we attended the contingent on Boise accepting the W.H. Moore property transferred to the Meridian impact area, I would move that we accept that. Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 5 of 10 Corrie: Motion has been made and seconded is there any discussion? Hearing none. Roll-call vote: Mr. Nary, aye; Mrs. McCandless, aye; Mrs. De Weerd, aye; Mr. Bird, aye. MOTION CARRIED: ALL AYES Corrie: Well that was quick. (Inaudible discussion amongst council members) Seal: No that’s one of those rare occasions. So if I’m understanding, I should put it in a formal application to the City of Boise. I guess I’m still a little unclear as far as it’s Ada County do I need to do that or do you just. Kingsford: I would suggest you talk with Patricia Neilson, as apparently she is – Ullman: She’s out of town. Kingsford: She flew out this afternoon and is going to be back first of next week. Seal: All right, thank you very much. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So as I understand it the first step to amending you area of impact is with the County Commission and then the landowner needs to go through application from, to each municipality. Is that correct? So Caven’s property is not going through the process right? Cause they have an application in front of us but we haven’t talked to them about it. Corrie: It’s in our area of impact so they have to come to us first. Bird: Yes but we haven’t talked to the Commissioners first. Corrie: (inaudible) De Weerd: What I just asked is we first talk to them and then the property owners go through the processes of application from the city. So Caven’s property is not following that procedure, cause it’s already in front of our city and we haven’t talked to the Commission about it yet. Corrie: Is that right Bill? Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 6 of 10 De Weerd: I’m just trying to understand. Nichols: Mr. Mayor, council member, members of the Commission. The Caven property, I can’t speak to much other then I know it’s not in front of the Commission. The Commission recommended denial of (inaudible) in Boise City, so that’s all I know. Kingsford: What Commission? Nichols: Excuse me, the Meridian Planning and Zoning Commission. Kingsford: I didn’t remember turning that one down, but there are a lot of things I don’t remember. Nichols: My apologies, Chairman Kingsford, but that’s, again we have like these three parcels trying to figure out how to get a solution to the real problems or perceived problems. Since the Caven application, Meridian Public Works has met with Boise Public Works in regards to sewer issues that involve that eastern boundary south of Ustick Road. So how that fits into this I mean basically its sort of a (inaudible) but if the Council chose to approve or withdrawal subject to Boise City’s (inaudible) then it would just hang there Boise City (inaudible). De Weerd: I guess what I don’t understand is we have three pieces of property and we’ve gone through three different procedures and the procedures we just heard tonight were not following with Caven’s property or it would be on tonight’s agenda. So I’m just trying to understand what the process is. Nichols: Council member de Weerd, as far as I know it probably should’ve been put on tonight’s agenda but because it had been denied by the P and Z Commission it will be on the agenda for this Commission of City Council (inaudible). But again I think we go back to (inaudible). Trish sent Shari Stiles an email, trying to remember when it was, Spring or early Summer. That laid out the County’s perspective on what to process, but we either didn’t get it going that way or – Capital Development had already started in Boise City with the Bristol Heights project. We felt like the letter from the (inaudible) Council (inaudible) was not sufficient and so again there was this coincident boundary of no clear indication in the statutes that this and this and this and this, so we’ve been kind of playing around. I think we agree now that it starts out with basically the landowner saying here’s what I think ought to happen. Council’s (inaudible) then talking to the County Commissioners about it, then it appears like the (inaudible) the application hearing (inaudible). I could be wrong. De Weerd: Okay but we still have to comply with Caven’s whether it’s the staff or P and Z Commission recommending denial. The applicant, the landowner still came to Council, talked with us about it. The next step would appear to be talking about it tonight then the application should be going through the process which it currently is, again I come back to why isn’t it being discussed tonight. Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 7 of 10 Ullman: Mr. Mayor, that’s so we can all get together once. De Weerd: Okay. Corrie: I’m sure we can, that’s not a big problem. I guess, it’s not on the agenda so we can’t really get together on that. Nichols: Mr. Mayor, members of the Council, members of the Commission. I recommend that if you can go ahead and hold the hearing on Caven (inaudible) hold off on making a formal decision on it until you have (inaudible). Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Mr. Nichols wouldn’t that only be if we were going to grant a transfer, then we would need to hold off and have this (inaudible) deny it. So there’s no need do that, correct? Nichols: That’s correct. Nary: So we may need to do that, we may need to have another meeting with Commissioners here in another month, month and a half. Corrie: Only if we get a verbal (inaudible). Nary: For us to take some action on this discussion item later. The other thing I didn’t know in the process was on our Comprehensive Plan. Does that just get sent to the County for their review and their ordinance approval, it doesn’t require this type of joint meeting to do anything about. Ullman: Mr. Mayor, I think Nicole has some answers for us. Baird-Spencer: It requires that you formally request the board of County Commissioners consider your Comprehensive Plan and that can be either in writing or a formal meeting, if your going to have another meeting you can do it then. What the process from there is that the board of County Commissioners says yes we’ll consider it and it goes to the Planning and Zoning Commission and it goes up through the process just as though the County was adopting a new Comprehensive Plan as well. Corrie: Have we done that Dave? McKinnon: Yeah. Corrie: We haven’t? Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 8 of 10 McKinnon: The Commissioners all have a copy of the comp plans, we have sent that out and actually formally requested (inaudible). Nary: Can we do that tonight? De Weerd: It’s not on the agenda. Nary: All we’re doing is asking for the Commission to forward it to them. Corrie: That doesn’t require an agenda. Nary: Then I would move that we forward to the County Commission formally our Meridian Comprehensive Plan and request a review of consideration by I guess their Planning and Zoning Commission. Bird: Second. Corrie: Motion has been made, is there any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. We’ll forward that over to them. Yorgason: I don’t know if our item for Capital Development was voted on. Corrie: We did that last week. Bird: We did last week. Corrie: So it’s done. Yorgason: I knew the Commissioners voted on it (inaudible) Corrie: Yes, we voted on it last week. Bird: Last week. Yorgason: We finally had to get some legal people to help us sort it out. (Inaudible) it was very challenging to sort it out cause it is, quite amazed and we finally got two attorneys that were able to help us and after two years I think we have it but we thought we had it before too. (Inaudible) thank you very much for your help. Corrie: Sorry it took so long but we’re the (inaudible) in this too. Nary: Mr. Mayor I was just going to tell Mr. Yorgason, thank goodness for attorneys. Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 9 of 10 (Inaudible discussion amongst council members) Nary: I think for the City of Meridian our pieces are all complete now and it should’ve been published in the paper. All the wording to do with this is completed and I think all of Boise’s isn’t going to be done till another couple of weeks. Baird-Spencer: Is the property being sent from Meridian to Boise? Nary: Correct. So Meridian’s given the okay and we have done I think everything we need to do, and now Boise needs to finish that. And they set that for the City Council I believe two or three weeks. They actually set it over a couple of weeks because we had, it’s still in the City of Meridian’s impact area, Boise’s the one that sent it over a couple of weeks to make sure Meridian got done. th Baird-Spencer: It’s scheduled on October 14 at Boise City Planning and Zoning. Bird: We said that we (inaudible) (Inaudible discussion amongst council members) Nary: They delayed it last week until October because ours wasn’t completed. Corrie: David, you have any – McKinnon: When Nicole and I talked a little bit and Brad and Patricia talked a little bit concerning the situation with W.H. Moore property. On our Comprehensive Plan we recently adopted its not showing up anywhere in here, but we actually show that property in the City of Meridian already in our area of impact. We’ve already assigned it a land use designation the reason we did that is when we went through the Comprehensive Plan hearings we had these discussions already, went ahead and gave it that designations for a land use. However, because of the modification to the area of impact in order to meet the requirements of the County we need to have the area of impact and the land use designation discussed at the time the Comprehensive Plan was discussed. Baird-Spencer: What happens is when we take it out of (inaudible) area of impact – it’s fine sitting out floating in the County –what the problem is they put it in their Comprehensive Plan, but we haven’t recognized the Comprehensive Plan yet. So we don’t want to take it out of the areas of impact and give (inaudible) until we’ve adopted and recognized that Comprehensive Plan as well. So we want to do those two processes together. Ullman: Mr. Mayor. Meridian City Council Special Joint Meeting with Ada County Commissioners September 24, 2002 10 of 10 Corrie: Sharon. Ullman: Sounds like our staff knows what they’re doing, so we should just turn it over to their capable hands. Corrie: (inaudible) that’s it okay, anything else? We can let you know when we want to meet again. (Inaudible discussion amongst council members) Corrie: Okay with that being done I will close the Joint Meeting between the Meridian City Council and Ada County Commissioners and if I have a motion. De Weerd: I move that we adjourn. Bird: Second. Corrie: At 5:30, all those in favor say aye. Ullman: I move that we adjourn. Simmons: Second. Kingsford: All those in favor of the motion. All ayes. MEETING ADJOURNED AT 5:28 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE APPROVED ATTEST: WILLIAM G. BERG, JR., CITY CLERK