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CITY of KUNA REGULAR COUNCIL MEETING MINUTES TUESDAY, APRIL 3, 2012 Kuna City Hall Council Chamber, 763 W

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CITY of KUNA REGULAR COUNCIL MEETING MINUTES TUESDAY, APRIL 3, 2012 Kuna City Hall Council Chamber, 763 W CITY OF KUNA REGULAR COUNCIL MEETING MINUTES TUESDAY, APRIL 3, 2012 Kuna City Hall Council Chamber, 763 W. Avalon Street, Kuna, Idaho 7:00 P.M. – REGULAR COUNCIL MEETING COUNCIL MEMBERS PRESENT: Mayor W. Greg Nelson Council President Cardoza Council Member Buban-Vonder Haar Council Member Hoiland Council Member Stear CITY STAFF PRESENT: Richard Roats, City Attorney Gordon Law, City Engineer Troy Behunin, Sr. Planner John Marsh, City Treasurer Brenda Bingham, City Clerk Call to Order and Roll Call Mayor Nelson called the meeting to order at 7:00 p.m. Roll call reflected Mayor Nelson, Council President Cardoza and Council Members Buban-Vonder Haar, Hoiland, and Stear present at the meeting. Invocation: Scott Piper, First Baptist Church, offered the invocation. Pledge of Allegiance: Mayor Nelson 1. Consent Agenda: All items listed under the Consent Agenda are considered to be routine and are acted on with one motion by the City Council. There will be no separate discussion on these items unless the Mayor, Council Member, or City Staff requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. A. City Council Meeting Minutes: 1. Minutes of March 16, 2012 Board of Correction 2. Minutes of March 20, 2012 Pre-Council Workshop and Regular Council Meeting B. Accounts Payable dated April 3, 2012 in the amount of $165,217.16 Page 1 of 15 C. Alcohol Licenses: 1. Renewal of PSL Inc., 353 Ave. E, Liquor-by-the-Drink and On Premise Beer License D. Business Licenses: 1. Commercial Business License for Shelly Rowell, “S&D Kuna, Inc.” DBA Idaho Pizza Company, located at 331 Ave. E 2. Commercial Business License for Cliff Wright, “RIM Publications” DBA Kuna Melba News, located at 326 Ave. D 3. Home Occupation Permit for Ron Piper, “Pipers Handywork & Custom Detail Tint and Design” located at 255 E. Kelleher St. E. Resolutions: 1. Resolution No. R08-2012 Establishing Fees for Solicitor and Peddler Licenses within the City of Kuna and Providing an Effective Date 2. Resolution No. R11-2012 Authorizing the Mayor’s Signature on an Agreement with the Kuna Farmers Market for use of Bernie Fisher Park F. Findings of Fact and Conclusions of Law: 1. 11-01-CPMA Findings of Fact and Conclusions of Law (Comprehensive Plan Map Amendment) – Boys and Girls Clubs of Ada County 2. 11-04-ZC / 11-04-DA Findings of Fact and Conclusions of Law (Rezone and Development Agreement) – Boys and Girls Clubs of Ada County 3. 11-03-LLA Findings of Fact and Conclusions of Law (Lot Line Adjustment) – Boys and Girls Clubs of Ada County Council Member Buban-Vonder Haar submitted copy editing corrections to Brenda Bingham prior to the meeting regarding documents on the Consent Agenda. Edits to the minutes were pointed out with consensus of the Council to make the corrections. Mayor Nelson asked about the diesel oil expenses reflected on the unpaid invoice report. John Mash explained most of the costs were due to restocking inventory of diesel fuel for the North Waste Water Treatment Plant (NWWTP). The Mayor asked for clarification regarding the road mix purchased from Quality Sand & Gravel for the BMX track. Mr. Marsh explained it is for the parking area and no reimbursement is received for it. Mayor Nelson will look into more details regarding expenditures for the track. Page 2 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Council President Cardoza asked about the status of Bob Bachman’s employment with the City. Mayor Nelson explained he was rehired for one of the temporary positions but intends to keep him on for building maintenance and other assignments as needed. He is also filling in as a backup to the Building Inspector. Council Member Buban-Vonder Haar requested the language in the Farmers Market Agreement regarding the third paragraph under “Rent” be corrected to state that the Kuna Farmers Market on Kuna Days will consist of agricultural products only. Crafters and other vendors will be required to obtain any permits and pay fees that Kuna Days charges to vendors that participate in Kuna Days. Council Member Buban-Vonder Haar moved to pull Resolution No. R11-2012. Seconded by Council Member Stear, all voting aye. Motion carried 4-0 Mayor Nelson asked Council Member Buban-Vonder Haar to submit language to Ms. Bingham for amending the Farmer’s Market Agreement. This will be placed on the Consent Agenda for review at the next meeting. Council Member Buban-Vonder Haar questioned Troy Behunin on agenda item 1F2 regarding the Re-zone and Development Agreement for the Boys and Girls Club. She explained the purpose of the document is to finalize a develop agreement and recommended omitting the last sentence on page 1 of 40 continuing on through page 2 of 40 where the Project Summary begins. She made reference to the recent public hearing where disagreement about how the process went and what held things up were discussed. She did not think the information noted in this document was necessary. Mr. Behunin explained the information was added in as background information for the application and things that were going on. The Council is also aware of an exhibit that the Boys and Girls Club submitted regarding their timeline of events. It is not part of the Development Agreement. Council Member Buban-Vonder Haar said if Mayor Nelson is asked to sign this as a record of the Re-zone and Development Agreement she wants to make sure that what is stated is uncontested and agreed upon. She does not think it adds anything beneficial to the agreement and suggested the portion indicated be deleted. Mayor Nelson agreed stating there were a lot of negotiations and if it is just background data then it can be referenced in the files. Mr. Behunin reiterated that the portion of text being referenced is not part of the Development Agreement. The Development Agreement that will be signed by the City creating an agreement with the Boys and Girls Club begins on page 19 of 40. He further explained that the information in question is a part of the findings of fact from the public hearing. Ms. Buban-Vonder Haar expressed appreciation to staff in updating the Council with information but questioned whether there was a consensus on what actually happened. Page 3 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Council Member Hoiland did not see concern with the information provided in the first 18 pages since the actual agreement begins on page 19. Mayor Nelson pointed out it was a very sensitive issue and the Boys and Girls Club delegates do not like the controversy stated in the document. Council Member Hoiland stated it actually happened and the City was accused of dragging their feet and he doesn’t feel the City did. Council Member Buban-Vonder Haar explained there was a difference of understanding and this is one point of view. Since it is a finding of fact, she does not think there would be a consensus that it is fact. She also stated it may not matter at this point since approval has taken place and we are ready to move forward. She prefers not to dwell on who did what and why. The information does not help the documents that are going to be signed so she asked that it be removed. Mr. Behunin stated that staff has no position other than what the Council would like to do. He asked City Attorney, Richard Roats, if deleting the information would change the Council’s decision that was rendered on the matter in March 2012. Mr. Roats stated the removal of it would not change the City’s decision. Council Member Buban-Vonder Haar mentioned that all of the information should still be available as provided in the previous council packet. Council Member Buban-Vonder moved that the information in 1F2 beginning with the last sentence on page 1 and continuing through page 2 until the Project Summary be deleted. Council President Cardoza stated that if the Findings of Fact and Conclusions are to be removed from 11-03-LLA (lot line adjustment) then it should also be removed from 11-04- ZC (re-zone) and 11-01-CPMA (Comprehensive Plan Map Amendment). Council Member Buban-Vonder Haar explained she is not referring to the Finding of Fact but the recitation of City staff’s position as to what the chronology of events leading up to this point. Council President Cardoza replied that these are considered as the Findings of Fact and Conclusions. Ms. Buban-Vonder Haar stated that she thinks it is staff’s perspective on what occurred because she thinks the Boys and Girls Club would disagree with a lot of the statements regarding the timeline. Mayor Nelson invited the Boys and Girls Club Attorney, Janice Dotson, to address the Council. Page 4 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Council Member Hoiland explained the point of order would be to remove this item from the Consent Agenda for discussion later in the meeting. Mayor Nelson agreed but would like to first hear Ms. Dotson’s comments. Janice Dotson, Attorney for the Boys and Girls Club, 1082 E. Terrazzo Court, Kuna, Idaho stated she reviewed the staff document with Mr. Behunin several times over the last few weeks stating they were unable to get to a consensus as to what the document is and what it should contain. She agrees with Council Member Buban-Vonder Haar that the information should be removed from the document.
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