HomeMy WebLinkAboutJuly 10, 2007 C/C Minutes
Meridian City Council
July 10, 2007
Page 13 of 25
De Weerd: There were no items moved from the Consent Agenda.
Item 8:
Reauest for Reconsideration of Denial of Appeal Application for
Primerica Sian by Todd Mendel:
De Weerd: Item 8 is a request for reconsideration. You do have a letter that is in front
of you. If staff has no comment and if you have any questions that need to be clarified
that is not answered in the letter, we can ask that representatives that are here tonight.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Is it appropriate or not to have staff comment upon the request or are we
opening the door for that discussion? I know a lot of materials and calculations were
provided. I don't know if Mrs. Canning's had an opportunity to review them. I don't
know if it's procedurally appropriate to go that route. Maybe it's not.
De Weerd: Mr. Nary
Nary: Madam Mayor, Members of the Council, I guess if your question -- and you're
exactly right, this isn't a hearing, it is just a request, but part of, I guess, the decision
point for the Council sometimes on these requests is is this information new, is there
more to be gained here and I think that's some of what is being presented by the
applicant in this request for reconsideration. They have other information that could not
be provided previously or they were unaware of what was a concern or an issue to the
Council. I don't know if Mrs. Canning's had an opportunity to review it and had an
opinion on that at all, but I guess I'd like it to be pretty narrow in an answer to that.
Really, you have to sort of address it based on what's in front of you. But I don't know,
Mrs. Canning, if you have had an opportunity to review their request.
Canning: Madam Mayor, Members of the Council, Councilmember Borton, I read
through it, we are prepared -- if the Council decides to go forward with another Public
Hearing we are prepared to address the additional concerns he's raised, but--
De Weerd: Council, I will need your direction.
Rountree: Question, Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: If we recognize a motion, too, if we determine not to recognize the request
for reconsideration, a motion likewise, or is it just moot if there is no motion?
Meridian City Council
July 10, 2007
Page 14 of 25
Nary: Madam Mayor, Members of the Council, Councilmember Rountree, you will need
to take some action. So, you will either need to move to grant the request or move to
deny the request.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we do not grant the request for Item NO.8.
De Weerd: I have a motion to deny reconsideration. Do I have a second? Motion dies
for lack of second.
Rountree: So, then, Mr. Nary--
Nary: Madam Mayor, Members of the Council --
Rountree: -- I think the ball's in Joe's court, but I'm not sure he can make the motion --
he can make a motion.
Nary: Any of the members of the prevailing side in the request for reconsideration can
make a motion. Councilmember Borton, if he's inclined, can certainly make a motion to
grant the reconsideration. Councilmember Bird voted against that prevailing motion, so
he can't make a motion to that effect. He can second it, but he just can't make the
motion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Having reviewed the detailed information, there is additional information which
is provided and it sounds like the request is to provide even more. I'm willing at this
point to grant the motion -- or to move to reconsider -- grant the request for
reconsideration. If I could say that in a more jumbled fashion I would try to do so.
De Weerd: I think you did a good job.
Borton: I would move to grant the request for reconsideration of the denial for the
Primerica sign.
Bird: Second.
De Weerd: I have a motion and a second to grant the reconsideration on Item NO.8. Is
there any discussion? Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, nay; Zaremba, absent; Borton, yea.
Meridian City Council
July 10, 2007
Page 15 of 25
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Item 9:
Findings of Fact and Conclusions of Law and Order for Denial: AP
07-005 Request for City Council Review of an Appeal of the Director's
Determination to deny a request for a sign permit for Prime rica Sian by
Todd Mendel - 1640 West Cherry Lane, Suite 100 (Lot 2, Block 1 of
Cherry Lane Crossing Subdivision):
De Weerd: Item 9, then, Mr. Nary.
Nary: Madam Mayor, Members of the Council, on Item 9, since you granted the
reconsideration request, they will follow the due course with the clerk's office and re-
notice that, so you will get that in front of you. You can merely vacate the findings for
Item 9.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move that we vacate the -- AP 07-005, denial for Primerica sign.
Rountree: Second.
De Weerd: I have a motion and a second to vacate Item 9. Does that have to be roll
call? All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10:
Item 11:
Tabled from June 26, 2007: FP 07-019 Request for Final Plat approval
for 2 commercial building lots on 5.51acres in a C-G zone for Gatewav
Marketplace Subdivision No.1 by Landmark Development Group, LLC -
Southeast Corner of Eagle Road and Ustick Road:
Tabled from June 26, 2007: FP 07-020 Request for Final Plat approval
for 16 commercial building lots and 1 common lot on 17.348 acres in a C-
G zone for Gateway Marketplace Subdivision No. 2 by Landmark
Development Group, LLC - Southeast Corner of Eagle Road and Ustick
Road:
De Weerd: Items 10 and 11 are final plats. Anna, do we have a letter from the
applicant? We did not.
Canning: We do not, ma'am. She has concern with one of the conditions of approval.
Also, the applicant Tamara Thompson committed last week to provide Council with a
diagram of the pedestrian pathways on the site. She did provide that to us. It's -- they