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HomeMy WebLinkAboutNovember 7, 2007 C/C MinutesMeridian City Council November 7, 2007 Page 13 of 33 Berg: Madam Mayor, so it's not confusing, you tabled these items to a date specific. If we go back into minutes and agendas and we try to figure out where the -- what happened to it on this meeting, at least we know that it was approved at our special meeting last -- two weeks ago. Two weeks Friday. De Weerd.: Time flies when you're having fun. Berg: When everybody was out of town. Item 7: Items Moved from Consent Agenda: 7-E. Findings of Fact and Conclusions of Law for Approval: PP 07- 014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road.: De Weerd: Okay. Thank you, Mr. Berg. Okay. There were some items moved from the Consent Agenda. We will start with 7-E -- or 5-E. Bird: Madam Mayor? De Weerd:: Yes. Bird: We received a letter today -- actually, received it the 31st, but we got it today -- from Oaas Laney regarding the findings on Emerson Park Commercial Subdivision regarding the entrance at the north end of the property. They are -- they would like to discuss fhe condition regarding that. They don't believe fhe variance is the way to go. They would like that entrance to be left open until the -- De Weerd.: Until the very end? Bird: Final plat is done and I -- and they would -- they would -- they have a representative here that would like to talk to us, if we would -- and I would welcome that. Anna I'm sure has got some rebuttal and -- but I don't want to stick somebody with something that, basically, isn't doable. I think we need to look at it at this point and that's my personal opinion. So, whatever the rest of the Council wants to do. De Weerd: Okay. Mr. Attorney. Mr. Nary, what is the process for this one? Nary: Madam Mayor, Members of the Council, what they are really asking you for is a reconsideration of your decision, including this particular -- this particular condition that was placed upon this preliminary plat. If the Council recalls, it was a fairly extensive Meridian City Council November 7, 2007 Page 14 of 33 discussion on this one point. You certainly can hear that, but I think you probably need time to digest -- and I hadn't seen this one until tonight. I don't know if Mrs. Canning had seen it before tonight either. It probably would be best if the Council wants to consider what they are asking and the fact that the solution that was proffered at the hearing on this they are saying isn't -- isn't a reasonable or a legal way to accomplish that end. It might be best just to -- if the Council wished to reconsider that, then, to set it for a new hearing date. And, then, have it come back. And that gives staff time to review what they are asking have them to be available to prepare a response and for Council to not have to make a decision, really, based on a letter that came in today. So, if you accept what they are requesting, that would probably be the best way to go. De Weerd: Mr. Borton. Borton: Madam Mayor, a question for Bill. I don't have a problem with that procedure and going forward with a -- I guess it's an approval of a request to reconsider. I wasn't there on the 23rd. Am I precluded from participating in any reconsideration, avote to whether or not to reconsider and, then, the actual decision? Nary: No. You would only be precluded from making the motion to reconsider. Borton: Got you. Okay. Bird: If that -- if that's the proper way to doing that -- bringing it back and setting i full are we for next week? do it, that we are going to do it, I'm in favor of t -- would one week, Anna, be okay? Or how Nary: Next week's the workshop. Bird:: Oh, next week -- yeah. That's where we have a workshop. Zaremba: Doesn't it need to be noticed? Canning: Yes, sir. Zaremba: So, that would be at least two weeks, probably. Canning: No. Three usually. Mr. Clerk, can you get it noticed in two weeks or do you need three? Nary: It would be better to set it to the 4th of December meeting, would probably be your best bet, rather than the November 27th when you have the apartments in the north that are going to be heard. The Selway apartments. Bird: Refresh my memory why we have to re-notice it. Meridian City Council November 7, 2007 Page 15 of 33 Nary: Because it's a new hearing. It's a rehearing. Bird: It's a rehearing. Nary: Right. Canning: The re-noticing is for the benefit of the public that might have come to testify that felt that there was a final decision that now is being reheard. Bird.: Okay. De Weerd: Okay. Zaremba: As I recall; Madam Mayor and Mr. Nary, the motion actually has to be made by somebody who voted with the majority? Nary: Correct. Zaremba: I don't remember how I voted. I think I voted aye. Nary: Actually, I believe there was not -- I don't believe there was -- Rountree: It was unanimous. Bird: I:t was unanimous. Zaremba: In that case, if we are ready, Madam Mayor, I would move to reconsider this and set it for our agenda of December 4th. Rountree: Second. De Weerd:: Okay. I have a motion and a second to consider the reconsideration. Any discussion? Okay. Mr. Berg -- well, I will ask the roll call. Canning: Madam Mayor, Members of the Council, Counselor Nary, don't -- doesn't the reconsideration usually have to get on the agenda or is it okay that that not be on an agenda? De Weerd: It is for the reconsideration. Nary: Are you saying does a formal request for reconsideration need to be noticed on the agenda? Meridian City Council November 7, 2007 Page 16 of 33 Canning: Yes. Nary: No. Because -- it doesn't, because they have submitted a letter, the Council does have it, the public will have an opportunity to rehear it. Canning: Okay. Nary: So, I'm not concerned about the -- Bird: We never have had to do that. De Weerd: I think we have done it both ways. Nary: If we have them in advance we notice them on the agenda. We didn't happen to have that here, so -- Canning: Okay. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRfED: ALL AYES. 7-G. Findings of Fact and Conclusions of Law for Approval: AZ 07- 006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 7-H. Findings of Fact and Conclusions of Law for Approval: RZ 07- 010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 7-I. Findings of Fact and Conclusions of Law for Approval: PP 07_ 008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: