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HomeMy WebLinkAbout2001 06-27 SpecialMeridian City Council Special Meeting June 27, 2001 The special meeting of the Meridian City Council was called to order at 6:30 P.M. on Wednesday, June 27, 2001, by Mayor Robert D. Corrie. Members Present: Tammy de Weerd, Cherie McCandless, Keith Bird, Mayor Robert Corrie. Members Absent: Ron Anderson. Others Present: Bill Nichols, Gary Smith, David McKinnon, Tom Kuntz and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd O Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: City Council special meeting on Wednesday June the 27th at 6:30 and I will have roll call attendance please Mr. Clerk. Then I’m going to have an announcement to make to the public here. Item 2. Adoption of the Agenda: Corrie: Item 2 is the adoption of the agenda. Council, have you any -- you see the agenda? Are there any changes at this point? Bird: I have none Mayor. I would move that we approve the agenda as shown. De Weerd: Second. Corrie: Motion made and second to approve the agenda as stated in the agenda. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Department reports, we have none at this point I don’t believe. Now we have a dilemma. I don’t know if any of you saw it or not but in the Valley Times today the reporter made a mistake and he said this meeting was canceled. Because of that we can’t close this Public Hearing tonight. We will take testimony tonight of all those who are opposed to this project. It will be put on record. Then we will have another meeting on this same subject July the 3rd at the Council so it makes it as a motion. It will be done on next Tuesday July the 3rd because you people are here and you probably didn’t read that. Maybe some didn’t get here because they read it. What we’re going to do tonight is that we will take the testimony of anybody that would like to testify tonight on opposing, or I suppose Mr. Counselor if that’s in favor of it as well in the audience. Is that correct, or just the opposing? Nichols: Mr. Mayor, members of the Council as I understand it, the way you did the – I would suggest that we just simply take the opposition testimony because you gave those in favor of the project an opportunity to speak before those in opposition. This way the opposition testimony can be in the record and also the applicant and the applicant’s representative can hear the opposition testimony. When we continue on the 3rd if there is any new person that wants to offer opposition testimony that would be taken at that time. Then the developer or applicant would have the final rebuttal. Otherwise we get in too much of a seesaw. I would recommend that you take that sort of approach. I would recommend that you open all three of the Public Hearings and take the testimony on all three at the same time. Item 6. Tabled from June 19, 2001: Findings of Fact and Conclusions of Law: RZ 01-003 Request for rezone from R-4 to C-C for Partition Specialties, Inc by Ronald and Coleen Schaub – 1315 North Meridian Road: Corrie: Thank you Counselor. Okay that’s what we’ll do on the advice of the attorney. I will open Item 6 first. Then we’ll go to 7, 8 and 9 and we’ll open them all at one time. Corrie: Item 6, at this time is the Findings of Facts and Conclusions of Law request for rezone from R-4 to C-C for Partition Specialties Inc. by Ronald and Coleen Schaub, 1315 North Meridian Road. At this time I’ll have the staff comments first. McKinnon: Mayor Corrie, members of the Council let me start off and tell you tonight that Shari’s sorry she couldn’t make it. She’s out sick tonight so I’ll be replacing her tonight. Partition Specialties, you’ve heard the Public Hearing and you’ve approved it. The staff has no comments to make on the Findings of Facts and Conclusions of Law. I turn it back over to you at this time. Corrie: All right thank you. Council, do you have the Findings of Facts and Conclusions of Law in front of you? Any questions? (Inaudible discussion amongst Council members) Corrie: Hearing none, I will entertain a motion on the Findings of Facts and Conclusions of Law and Decision of Order. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order on the request for rezone from R-4 to C-C for Partition Specialties by Ronald and Coleen Schaub at 1315 North Meridian Road and for the attorney to draw up the proper papers. De Weerd: Second. Bird: I’m sorry. Corrie: He’s already drawn – Bird: Yes, he’s already drawn it up. Corrie: Okay motion is made and second the approve the Findings of Facts and Conclusions of Law. The motion’s been made and second to that effect. Any further discussion? Hearing none, roll call vote Mr. Clerk. Roll-call: De Weerd, aye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Continued Public Hearing from June 19, 2001: VAR 01-007 Request for a variance to exceed the maximum 1,000 foot block length for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC – south of Fairview Avenue, north of Pine Street and ¼ mile west of Cloverdale Road: Item 8. Continued Public Hearing from June 19, 2001: AZ 01-005 Request for annexation and zoning of 28.59 acres from RUT to R-8 for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC – south of Fairview and west of Cloverdale Roads: Item 9. Continued Public Hearing from June 19, 2001: PP 01-006 Request for Preliminary Plat approval of 115 building lots and 15 other lots on 28.59 acres in a proposed R-8 zone for proposed Macaile Meadows Subdivision by Hillview Land Development, LLC – south of Fairview and west of Cloverdale Roads: Corrie: All right. At this time, as I mentioned before I will open Items No. 7, 8, and 9 on the Continued Public Hearing. No. 7 is a request for a variance, No. 8 is a request for annexation and zoning and No. 9 is a request for a Preliminary Plat. At this time we will take testimony in opposition to this tonight and it will be placed on the record as such. At this point -- anyone want to speak at this point: Now, you do have an opportunity. If you don’t speak tonight -- you can speak tonight if we have that meeting that’s entirely up to you. If you do it tonight it will be part of the record and it will stand as part of the record. I also want you to understand that you can’t do it again on the 3rd on the same thing. If it’s different, that’s fine. That’s something else. We’ll open it up for testimony. Anybody would not like to testify tonight? You want to testify the 3rd? Everybody? Okay. Anybody that was in opposition show of hands if that’s what you want to do. Okay, let the record show that they would want that. Mr. Bird. Bird: Mr. Mayor we had a letter from VanDenberg couple. Leslie and Mike VanDenberg on 1099 North Principle Way. I would like to publicly enter that into the public record. Corrie: All right. That will be entered into it. Mr. Clerk would you see that that’s entered into the record? I think we had one more. Bird: I was just asking the Counselor if we needed to enter (inaudible). Mr. Mayor. Corrie: Yes, Mr. Bird. Bird: With your permission I would also – we have received a letter today that I would like to enter into public record so that anybody can come in and read it. From the Land Consultants Incorporated, who are the representatives of Hillview Land Development, LLC, dated June 27, 2001. Corrie: Okay both of those will be entered into the public posted as such. Since there has been a request by those here tonight to enter their testimony on their next meeting I guess we’ll entertain a motion to continue this Public Hearing to a date certain. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I’ll make the motion to continue it, but is the 3rd okay with you Mayor and the other Council? We do have a busy night that night. Corrie: Very much so. What we will do is I think we have -- I don’t have an agenda in front of me but I think there’s four continued from the last time and then this one will be continued as well. What we’ll probably do on the 3rd of July, we will get through those continued hearings. (Inaudible) we’ll see how late it gets. I would say that we will have all four Council people here to hear it on the 3rd but it will be entirely up to the Council. Unidentified Speaker: I have a request. Corrie: Yes. Unidentified Speaker: Could we delay that meeting from the 3rd to a later date being as people will be on vacation? (Inaudible discussion amongst Council members) Corrie: I don’t know. We’ve got the developer, if they would consider that we can do whatever we want to do. That would have to be up to the developer because if we want to delay that again – (Inaudible discussion amongst Council members) Butler: Mr. Mayor, members of the Council maybe those who will be gone -- I mean if these people will be gone maybe they can testify tonight. Corrie: You can testify tonight if you’re going to be gone. (Inaudible discussion amongst Council members) Corrie: They’re here tonight. As far as we know, everybody’s here but I don’t know that because of that with the paper. (Inaudible discussion amongst Council members) Corrie: I’m sorry. It may not be fair but it’s got to be legal. We’re not going to jeopardize your testimony by something that’s a mistake by the paper. I’m not going to jeopardize their chance either. I think that’s the fairest way we can do it because of a mess up with the paper. It would be legal. All these people that are here tonight said that they want to come back the 3rd and that’s the one’s that are here. If you don’t want to be here on the 3rd or can’t be, write it down and give it to us or make sure we’ve got it. We’ll enter it as testimony and the Council will hear and read it and take that as part of the testimony. De Weerd: Or testify now. Corrie: Or you can testify tonight. The majority -- the ones here tonight said they want to come back the 3rd. If you can’t make it or you want to testify tonight, you certainly can it’s still open. I apologize for that. If ever there is a snafu it usually happens and this is the one that did. I won’t go into why it happened but it was just a reporter’s error. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearing for the variance to exceed a maximum 1000-foot block length for Macaile Meadows Subdivision by Hillview Land Development to July 3, 2001. De Weerd: Second. Corrie: Okay. The motion is made to continue the Public Hearing for the request for variance, request for annexation and request for Preliminary Plat for Macaile Meadows Subdivision by Hillview Land Development, LLC, south of east Fairview Avenue, north of East Pine Avenue and west of North Cloverdale Road until July 3, 2001. Motion been made and second. Is there any other discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Now, make sure you all understand. July 3rd, Tuesday this will be up on the agenda and it will probably -- like I said I don’t have the agenda but it would be about the 3rd or 4th item that comes in. The rest of them are continued from the 17th. We will hear it I guarantee you we will hear this one. The new ones that come in, I don’t know. That depends on the time. The Council will hear this one. With that being said and that does finish the agenda. Council, I will entertain a motion to close the – Bird: Mr. Mayor, before we do that I want to confirm what you just said and hope that the people – if you can’t make it back the 3rd, please write a letter, get it into us and it will be put in public record so that everybody can look at it. I assure you that the Council and the Mayor will read it. They do you know, they help with our decision. If you can’t be here the 3rd -- if you feel strongly for or against make sure you get a letter to us, to the City Clerk’s office and they will get to us. With that I would move that we adjourn. Corrie: Okay. De Weerd: Second. Corrie: Motion made and second to adjourn. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 6:47 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR WILLIAM G. BERG, JR., CITY CLERK