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Home My WebLink About1984-02-19 City Council Minutes MERIDIAN C1�' COV'NCIL rEBRUARY 19 , 1985 Regular meeting of the Meridian City Council called to order by Mayor Grant Yingsford at 7 : 30 p.m. Members Present : Bill Brewer, Ron Tolsma, Bert Myers , Bob Giesler. Others Present: Gary Schaffer, Earl Ward, Gary Smith, Kenny Bowers , Kevin Robertson, Bob Mitich, Bob Spencer, Lee Roy Nelson, Lee Olson, Don Wolkins , Dick Yetke , Lloyd Howe, Georg- Wendt , Bill Barkell , Miriman Barr, Bill Barkell, Wayne Crookston, Members of Scout Troop #89 : Jack Blattner & Laura Hobbs Meridian FFA: Minutes of the previous meeting held February 4 , 1985 were approved as written: Mayor Kingsford read a Proclamation delcaring the week of February 16- 23 , 1985 as FFA Week. (Proclamation on file with these minutes) The *Mayor presented this proclamation to .lack Blattner from the Meridian FFA who was in attendance at the meeting . Mayor Kingsford welcomed the members of Scout Troop *89 who were present to obtain Merit Badqe credits. ITEM # 1 : Decision on Upland Industries request for Comprehensive Plan Amendment. Councilman Brewer , as opposed to a motion , I believe it is in the best interest and fairest to Upland Industries to pass a Resolution on this request. The Resolution has been drawn up by the City Attorney and the agreement signed by Upland Industries has been reviewed by the Attorney. The Motion was made by Brener and seconded by Giesler to approve of Res- olution #98 pertaining to Upland Industries request for a Comprehensive Plan Amendment. (RESOLUTION # 98 ON FILE WITH THESE MINUTES) Motion Carried : All Yea: City Attorney advised the Mayor the Resolution required a roll call vote : Motion Carried : Brewer, Yea; Tolsma , Yea; Myers , Yea; Giesler, Yea; Item $2 : Variance and Final Plat, Arnie Subdivision: Mayor Kingsford informed the Council the City had received a request to postpone action on this request until the March 4 , 1985 Meeting. _ The Motion was made by Brewer and seconded by Tolsma to table until the March 4 , 1985 meeting : Motion Carried : All Yea: Item # 3 : Request by Gerald Randolph to connect property located at 330 north Linder to City Sewer: _Councilman Myers , Mr . Ward do you have any problems with this request? �r �r RESOLUTION NO . , A RESOLUTION OF THE CITY OF MERIDIAN, IDAHO, CONCERNING THE REQUEST OF UPLAND INDUSTRIES CORPORATION TO HAVE ITS APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT TABLED UNTIL THE SECOND MEETING OF DECEMBER, 1986 . WHEREAS , Upland Industries Corporation has submitted an agreement requesting that its Comprehensive Plan Amendment Application be tabled; and WHEREAS , the City Council has adopted findings of fact and conclusions of law regarding said Application and the City Council is ready to make a decision regarding said Application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNC L OF THE CITY OF MERIDIAN, IDAHO: Section 1 _ Based upon Upland Industries Corporation' s written request and consent agreement to table its application for a comprehensive plan anmendment to designate the southeast quadrant of Eagle Road and Fairview Avenue as a site for a regional shopping mall it is hereby moved that said application be tabled until the second City Council meetinq in December, 1986 , unless sooner reques ec in writing by Upland Industfies Corporation that the matter be placed upon the City Council aqenda . As part of this motion it is hereby moved that the City Council state to Upland Industries that while all facets of its application and the other procedures involved in the path 'to actual constructiori of any regional shopping center must be considered, heard, and decide( by the Council based upon the then existing policies , facts, evidence and testimony, the most critical and pivotal concern of th City, as shown in the findings of fact and conclusions , is evidence of the likelihood that the endeavors of the Applicant and the City will result in a regional shopping center and not a community or neighborhooa center. In the terminology of regional shopping centers, this would be interpreted by the City Council to mean commitments to the site, from two major anchor retailers , each one committing t 90 , 000 square feet for use as a retail department store . The City Council would retain ttze riaht to review the adequacy of the commitments . AMBROSE. FITzGERALE) It has been and continues to be the position of the Meridian dCROOKSTON City Council to support a regional shopping center in Meridian. Th City Council agrees with the Findings of Fact and the majority of Affor•neys and to build, the Counselors the area citizens, that if private enterprise is able P.O-Bog 427 Merldlan,Idaho 63"2 Telephone 88b4e61 it should, as long as that building is not unduly subsidized with tax dollars through need for public services , i .e , streets , sewer, water, police and fire . Therefore, provided the adequate and necessary commitments can be resolved to the satisfaction of the City, the Council would be i support of applicant' s Comprehensive Plan Amendment. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ? day of C r r- '1995 . APPROVED: 7"�' �0 grant P . Kings or , 4ayor ATTEST: Jac , emann, ity Clerk AMBROSE, F{TZGERALD a CROOKSTON Attorneys and Counteiors P.O.Box 427 Meridian,Idaho 87842 Te4ephone 86&4167 REQUEST TO 'TABLE AND CONSENT AGREEMENT This Agreement made and entered into this /4 g �/ day of February, 1985 , by Upland Industries Corporation, hereafter referred to as Applicant . WITNESSETH: Applicant acknowledges and agrees as follows : 1) That Applicant has applied to the City of Meridian and its City Council for an amendment to the Meridian Comprehensive Plan which amendment requests that the 160 acres contained in the Southeast Quadrant of the intersection of Fairview Avenue and Eagle Road be designated in the Meridian Comprehensive Plan as a site for a regional shopping center. 2) 'fliat the Amendment has been timely processed under the Plan' s Amendment Provision and Procedure and the Local Planning Act of 1975 , Title 67 , Chapter 65 , Idaho Code ; that �,nnlicant has had a full opportunity to present facts in sunnort of its amendment ; that the Meridian City Council has adopted findings of fact and conclusions of law on said amendment which have been received and reviewed by Applicant ; that all due process requirements under the Meridian Comprehensive Plan and Local Planning Act have been afforded the Applicant . 3) That the City Council is in a position such that it is ready and capable of making a decision on the Applicant ' s application; that any delay in the making of the final decision on Applicant ' s application is , from the date first above written, at the request, consent and agreement of the Applicant . Applicant hereby requests that the decision on its application for an amendment to the Meridian Comprehensive Plan be tabled by the Meridian City Council until the City Council ' s second meeting in December, 1986, unless Applicant requests , in writing , that the matter be brought before the City Council on a prior date ; that this request is made pursuant to paragraph i of the Amendment Provision and Procedures , Meridian Comprehensive Plan at page 56 ; that Applicant hereby waives its rights , under the Meridian Com- prehensive Plan and the Local Planning Act, to have the decision AGREEMENT P. 1 made by the City Council at this time and until the City Council ' s second meeting in December , 1986 , or such earlier date as shall be requested by Applicant in writing. That it is specifically acknowledged and agreed that this request for, and consent to , the tabling of Applicant ' s Amendment is made for the purpose of allowing Applicant additional time to resolve the concerns of the City of Meridian in designating its land as a site for a regional shopping center and that it will be at the City Council ' s discretion as to whether those concerns have ultimately been so resolved. Applicant-Upland Industries Corporation Vice President �}55f Secretary STATE OF NEBRASKA ) ss. County of Douglas ) On this j 6/7h day of February, 1985 , before me, the undersigned, a Notary Public for .said tate, personnally appeared ,( J and known to me to be the 'Pev and Secretary of the corporation that executed this instrument And the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary lic for State of Nebraska Residinvat Omaha, ;Nebraska GENERAL NOW'.-St�to of Nobissim AGREEMENT P . 2 C.L.JANSEN My Comm.Exp.Nov.28,1986