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. Her position is, given that the City staff is unwilling to change the document, that as long as the Development Agreement reflected what the City Council decided and it was attached to the document that it would be acceptable. She recommended that what has been prepared be used but suggested a different format that is easier to follow be used in the future.
Council Member Buban-Vonder Haar moved to pull item 1F2 from the Consent Agenda Seconded by Council Member Hoiland, all voting aye. Motion carried 4-0
Note: Consent Agenda Item 1F2 will be placed under Old Business.
Council Member Buban-Vonder Haar moved to approve the Consent Agenda as amended. Seconded by Council Member Stear, all voting aye. Motion carried 4-0
2. Citizen’s Reports or Requests:
A. Ada County Highway District (ACHD)
1. Report on Ten Mile Corridor Study Results – Matt Edmond, Senior Transportation Planner
Matt Edmond, ACHD, 3775 Adams Street, Garden City, presented the Ten Mile Corridor Study results from the open house held on March 1, 2012. He provided a brief background explaining the Ten Mile Interchange opened up in May 2011. ACHD received requests from the cities of Meridian and Kuna to look at what the impacts would be on the Ten Mile Corridor so an analysis was performed on each of the six major intersections south of I-84 from Victory Road to Deer Flat Road.
In December, the findings of this were reported to the Council and on March 1st an open house was held. The purpose is to identify both short and long term improvements needed at these intersections. It was reported that the sign in sheets reflected 60 people in attendance at the open house and 34 written comments were received.
Mr. Edmond presented the following chart reflecting Study Recommendations for the proposed improvements.
Page 5 of 15 Kuna City Council Meeting Minutes – April 3, 2012 It was noted that Kuna has requested that the Ten Mile & Columbia intersection be addressed before the Ten Mile and Lake Hazel intersection and ACHD should be able to accommodate the request.
Mr. Edmond provided the summary of comments received from the study as follows:
What do you think of the overall recommendations for the Ten Mile road intersections? 12 comments supportive of the overall recommendation 2 comments requesting Ten Mile as a corridor between Kuna and I-84 like Meridian Road; no stops 2 comments critical of the overall recommendations; solving problems that don’t exist Some comments that traffic projections are low; timelines should be accelerated
Page 6 of 15 Kuna City Council Meeting Minutes – April 3, 2012 What are your thoughts on the proposed recommendations for the Ten Mile Road and Victory Road intersection? (Proposed Interim Traffic signal: Spring 2012 / Expanded Signal: 2016-2025) 12 comments in support the proposed treatments (interim and long-term signal) 3 comments critical of the proposed treatments 5 comments expressed preference for a roundabout
What are your thoughts on the proposed recommendations for the Ten Mile Road and Amity Road intersection? (Proposed Interim Traffic Signal: 2014-2018 / Expanded Signal: 2023-2026) 14 comments in support of the proposed treatments (interim and long-term signal) 2 comments critical of the proposed treatments 7 comments expressed preference for a roundabout
What are your thoughts on the proposed recommendations for the Ten Mile Road and Lake Hazel Road intersection? (Single-Lane Roundabout: 2015-2020 / Dual-Lane Roundabout: 2024) 14 comments in support of the proposed treatments (single-lane / dual-lane roundabout) 5 comments critical of the proposed treatments / concern over “small” roundabouts
What are your thoughts on the proposed recommendations for the Ten Mile Road and Columbia Road intersection? (Single-Lane Roundabout: 2015-2020 / Dual-Lane Roundabout: 2026) 13 comments in support of the proposed treatments (single-lane / dual-lane roundabout) 3 comments critical of the proposed treatments / concern over large vehicles moving through roundabout 2 comments expressed preference for a signal
What are your thoughts on the proposed recommendations for the Ten Mile Road and Hubbard Road intersection? (All-Way Stop: TBD / Single-Lane Roundabout: 2028-2033)
14 comments in support of the proposed treatments (all-way stop, single-lane roundabout) 7 comments critical of installing stop signs on Ten Mile 4 comments critical of the ultimate proposed treatment (single-lane roundabout) Concern over blind intersection / sight distance
What are your thoughts on the proposed recommendations for the Ten Mile Road and Deer Flat Road intersection? (All-Way Stop: TBD / Single-Lane Roundabout: 2035 or later) 6 comments in support of proposed interim treatment (all-way stop) / need to improve safety in school area 5 comments critical of installing stop signs on Ten Mile Page 7 of 15 Kuna City Council Meeting Minutes – April 3, 2012 11 comments in support of the proposed ultimate treatment (single-lane roundabout) 4 comments critical of the proposed ultimate treatment (single-lane roundabout)
The following general comments were also received: 7 comments generally supportive of the plan / roundabouts 5 comments critical because of construction impacts / property impacts / roundabouts / improvements are not needed / busier roads and intersections should be done instead 3 comments that Ten Mile should be a corridor like Meridian Rd / stop signs on Ten Mile should be removed Ten Mile & Boise intersection needs a crosswalk signal Speed limit on Ten Mile Rd should be lowered to 45 mph
Mr. Edmond explained the next steps are:
. As Needed: Work session on city comments . May 2012: South Meridian update complete . May 23: Tentative adoption date
Mayor Nelson commented on the dates being far into the future and asked if they would be adjusted if Kuna solves some problems and moves ahead with generating more people and traffic.
Mr. Edmond indicated that everything is adjustable according to the needs as growth occurs.
2. Park & Ride Lot – Greg Holverson
Matt Edmond addressed this request and provided a handout to the Council regarding the Federal Transit Administration (FTA) process for a Park and Ride. He stated the following three options :
Lease parking that is already existing; quick & flexible; frees up maintenance liabilities Build it with all local funds Build it with FTA funding
Currently there are three Park & Ride lots in Kuna: LDS Church, Paul’s Market, Reed Elementary School
Mr. Edmond reported they were on a tight time-line regarding the previous application for a Park & Ride and they could not come to terms on a good site for the Park & Ride before the funds had to be obligated so the funds were used to purchase commuter ride vans. He requested input from the Council to move forward with a Park & Ride plan.
Page 8 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Council President Cardoza explained that Ada County had two acres that was east of the dairy farm on Deer Flat and west of the highway and they were looking at purchasing an additional acre to place a Park & Ride there.
Mr. Edmond did not know if the land had been declared as surplus but thought it was a good site if it was large enough.
Mr. Cardoza requested the site be considered if the Council was in favor of it.
Council Member Hoiland recalled having a discussion on it before with concern noted on increasing the traffic with so much already there due to the nearby schools.
A brief discussion ensued with Mr. Edmond being willing to look into more information on the site Mr. Edmond will also check to see if there is a Park & Ride being installed at Ten Mile and Overland Road.
Council Member Cardoza reported on a site previously discussed by the Council regarding property near the NWWTP above Lake Hazel Road that was considered for a Park & Ride lot. Other suggestions were made along with the possibility of the transit system coming to Kuna.
3. Old Business:
A. 11-04-ZC / 11-04-DA Findings of Fact and Conclusions of Law (Rezone and Development Agreement) – Boys and Girls Clubs of Ada County
Mayor Nelson opened up the discussion reminding the group of the earlier concern of whether or not to eliminate a portion of the Findings of Fact and Conclusions of Law from the documents presented.
Council Member Buban-Vonder Haar stated her preference would be to remove the last sentence on page 1 continuing on through page 2 where the Project Summary begins. She said it is staff’s impressions of the timeline and what the delays were attributed to and thought there might be different varying impressions and beliefs on what slowed the process down. She does not see a need to rehash it. In her opinion, it is not undisputed fact so she is not comfortable with having it in the Findings of Fact document. She would like to move forward with the decision that has been made to allow the Boys and Girls Club to proceed.
Council President Cardoza stated there were two development agreements that were before the Council and he did not vote because of a conflict of interest. One agreement was put out by our P&Z and the other was a development agreement that was originated by the Boys and Girls Club. When the memos are put out by P&Z he feels it is an honest effort to notify the council on what they are voting on and the purpose of what is being voted on. He finds them very interesting and a history of what is going on. Even if it’s a view or a decision or an adaptation of P&Z, it helps him to look at the issues and make a d Page 9 of 15 Kuna City Council Meeting Minutes – April 3, 2012 ecision. It may be taken by some as being derogatory. By others, it is useful information as to the history of what went on. He thinks it is a view of P&Z as to the history of what was discussed. He sees nothing in it that is derogatory to the Boys and Girls Club. To some it may not seem accurate but to our P&Z he hopes it is accurate. He trusts them to make educated decisions. When there is a development agreement that will go into perpetuation on a decision that’s made by the council, any information provided to the council should be reviewed. He appreciates the effort that P&Z puts into these rezoning development agreements.
Council Member Buban-Vonder Haar stated she completely concurred with Mr. Cardoza and thinks a lot of the information is useful but the portion she has issue with is the finger pointing back and forth about why it took six years to get to this point. She doesn’t think there will ever be an agreement on what caused the holdup. She questioned if it helps the understanding of the document. She does not feel that everyone would agree that the City had no role in delaying the Boys and Girls Club application.
Council President Cardoza asked Mr. Behunin if negotiations between him and the Boys and Girls Club have taken place since the Council decision to change anything in the development agreement.
Mr. Behunin answered there has not been anything to change the decision. No negotiations have taken place on the decision. The version that was in front of Council for final approval two weeks ago was a reflection of the decision from earlier in March. There have not been any decision alterations, it is a cleaned up version. After the Findings of Fact are approved by the Council and signed by the Mayor, there will be one more final development agreement but it is simply the removal of all the strike through and highlights. This document will reflect 100% of what the Council decided. This is the document that the Mayor and the Boys and Girls Club will sign and will be the document that is recorded at the Ada County Recorder’s Office.
Council Member Hoiland asked if it is the City’s version or the Boys and Girls Club version or a hybrid of the two. Mr. Behunin answered yes, it is an acceptance of the Boys and Girls Club but theirs was also a derivative of the original from staff.
Janice Dotson stated the Boys and Girls Club are happy with this version clarifying that there was a single page of the things that City staff had agreed upon.
Council President Cardoza stated that pages 1 and 2 are nothing more than a chronological order of what has happened in the last six years. He does not find any of the paragraphs derogatory but finds them informative.
Council Member Buban-Vonder Haar stated this is staff’s view of what the chronology of events were but remembered Ms. Dotson speaking about what the Boys and Girls Club’s view of what the chronology of events were and it is not the same as this. There is not a consensus that this is an accurate chronology so we cannot state that it is truly a Finding of Fact if one party states this is not how it happened.
Page 10 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Council President Hoiland asked if she is stating that these things didn’t happen or if there are other things that should be interjected.
Ms. Buban-Vonder Haar recalled from what Ms. Dotson said that there were a lot of other communications that occurred and information passed at different times. She recalled hearing a completely different chronology when the Boys and Girls Club was provided to speak at the public hearing.
Council Member Buban-Vonder Haar stated that all this information is available in other documentation that was previously provided to the Council and is available for public record.
Council Member Buban-Vonder Haar moved that a portion of 1F2 be stricken starting with, “There is a general impression the City has delayed this application….” which is the last sentence on page 1 continuing through the end of that portion on page 2 so that page 2 would begin with Project Summary. Seconded by Council Member Stear. Voting Aye: Council Member Buban-Vonder Haar and Stear Voting No: Council President Cardoza and Council Member Hoiland Mayor Nelson voted Aye to break the tie. Motion carried.
Council Member Buban-Vonder Haar moved to adopt 1F2, Findings of Fact and Conclusions of Law for the Boys and Girls Club. Seconded by Council Member Stear. Voting Aye: Council Members Buban-Vonder Haar, Hoiland and Stear Voting No: Council President Cardoza Motion carried 3-1
4. New Business:
A. Fair Housing Proclamation
Mayor Nelson read the Fair Housing Proclamation marking the 44th anniversary of the passage of Title VIII of the Civil Rights Act of 1968 declaring the importance of Fair Housing in the City of Kuna.
5. Public Hearings: (7:00 p.m. or as soon thereafter as matters may be heard.)
6. Ordinances:
A. Third Reading of Ordinance No. 2011-23: Discharge of Firearms An Ordinance of the City of Kuna, Idaho Adopting a New Section 10-5-1 Prohibiting the Discharge of Weapons within the City Limits, Providing for a Penalty, and Providing an Effective Date. Consideration to dispense with full reading. Consideration for approval. Page 11 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Consideration to approve a summary publication of the ordinance.
Council Member Buban-Vonder Haar moved to dispense with the full reading of Ordinance No. 2011-23 Discharge of Firearms. Seconded by Council Member Stear, all voting aye. Motion carried 4-0
Mayor Nelson read the summary of Ordinance No. 2011-23 Discharge of Firearms.
Council President Cardoza asked for clarification on the ordinance from Attorney Roats on 10-5-1(b) inquiring if something should be added regarding the life of another.
Attorney Roats explained if a firearm was discharged toward a person, it would be covered by aggravated assault which is a different statute.
Council Member Buban-Vonder Haar asked for a correction changing the lettering from (d) to (c).
Council Member Buban-Vonder Haar moved to approve Ordinance No. 2011-23 with the copy edit under 10-5-1 changing (d) to (c). Seconded by Council Member Stear with the following roll call vote: Voting Aye: Council Members Buban-Vonder Haar, Cardoza, Hoiland and Stear. Voting No: None Motion carried 4-0
B. Third Reading of Ordinance No. 2012-01 Solicitors and Peddlers License An Ordinance of the City of Kuna, Idaho Amending Title 3, Chapter 3, Solicitors and Temporary Vendors; to Minimize the Unwelcome Disturbance of Citizens and the Disruption of Privacy and Protect the Health, Safety and Welfare of Residents by Regulating and Licensing Door-to-Door Solicitors. Definitions, License Requirements and Exemptions, Application Information Requirements, Bond Amounts, Authority to the City Clerk to Request a National Background Check on New or Renewal Applicants; Expiration of License, Restrictions of Transfers, Hours, Holidays, Prohibited Areas, Child Labor and Premise Restrictions; Denials or Revocation Criteria and Hearing and Appeal Procedures; Violations and Penalty and a Severability Clause have Been Established and Providing an Effective Date. Consideration to dispense with full reading. Consideration for approval. Consideration to approve a summary publication of the ordinance.
Council Member Stear moved to dispense with the full reading of Ordinance No. 2012-01 Solicitors and Peddlers License. Seconded by Council Member Buban- Vonder Haar, all voting aye. Motion carried 4-0
Mayor Nelson read the summary of Ordinance No. 2012-01 Solicitors and Peddlers License. Page 12 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Council Member Stear moved to adopt Ordinance No. 2012-01 as presented. Seconded by Council Member Buban-Vonder Haar with the following Roll call vote: Voting Aye: Council Members Buban-Vonder Haar, Cardoza, Hoiland and Stear. Voting No: None Motion carried 4-0
C. First Reading of Ordinance No. 2012-09 Solicitors and Peddlers Fingerprint and Background Check (Companion ordinance to the Solicitors and Peddlers License containing approved language from the FBI/BCI.) An Ordinance of the City of Kuna, Idaho Requiring an Applicant for a Solicitors and Peddlers License to Provide Information and Fingerprints Necessary to Obtain Criminal History Information from the Idaho State Police and the Federal Bureau of Investigation to the City Clerk, and Provide an Effective Date. Consideration to dispense with full reading and three consecutive readings. Consideration for approval. Consideration to approve a summary publication of the ordinance.
Council Member Stear moved to dispense with the full reading and three consecutive readings of Ordinance No. 2012-09 Solicitors and Peddlers Fingerprint and Background Check. Seconded by Council Member Buban-Vonder Haar, all voting aye. Motion carried 4-0
Mayor Nelson read the summary of Ordinance No. 2012-09 Solicitors and Peddlers Fingerprint and Background Check.
Council Member Stear moved to adopt Ordinance No. 2012-09. Seconded by Council Member Buban-Vonder Haar with the following roll call vote: Voting Aye: Council Members Buban-Vonder Haar, Cardoza, Hoiland and Stear. Voting No: None Motion carried 4-0
D. First Reading of Ordinance No. 2012-08 Mobile and Special Event Vendor An Ordinance of the City of Kuna, Idaho Amending Title 3, Chapter 3, Solicitors and Temporary Vendors to Provide for Separate Sub-Chapters for Solicitors and Vendors; To Provide Licensing Requirements and Responsibilities for Mobile and Special Event Vendors. Definitions, License Requirements, Restrictions, Mobile Vending Unit Standards; Expiration of License, Restrictions of Transfers, Hours; Denials Criteria and Hearing and Appeal Procedures; Violations and Penalty and a Severability Clause have been Established and Providing an Effective Date. Consideration to dispense with full reading and three consecutive readings. Consideration for approval. Consideration to approve a summary publication of the ordinance.
Council Member Buban-Vonder Haar moved to dispense with the full reading of Ordinance No. 2012-08 Mobile and Special Event Vendor. Seconded by Council Member Stear, all voting aye. Motion carried 4-0 Page 13 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Mayor Nelson read the summary of Ordinance No. 2012-08 Mobile and Special Event Vendor explaining it will be placed on the next agenda for a Second Reading allowing time for interested parties to read it.
E. First Reading of Ordinance No. 2010-4D Falco Catena Lot Split An Ordinance Amending Ordinance No. 2010-3 to Reflect Changed Parcel numbers Resulting from a Lot Line Adjustment and the Combining of Two Parcels into One and then Changing the Final Assessment Roll for Said Lid Related Parcels of Land and Adjusting the Assessments Contained Therein; Providing for the Payment and Notice of Said Assessments; Providing for the Finality of the Determination of the Regularity, Validity and Correctness of Said Amended Assessment Roll, and Providing an Effective Date. Consideration to dispense with full reading and three consecutive readings. Consideration to approve ordinance. Consideration to approve a summary publication of the ordinance.
Council Member Stear moved to dispense with the full reading and three consecutive readings of Ordinance No. 2010-4D Falco Catena Lot Split. Seconded by Council Member Buban-Vonder Haar, all voting aye. Motion carried 4-0
Council President Cardoza noticed inconsistency with the parcel numbers and acreage size in the ordinance.
Attorney Roats explained he emailed it with the correct chart but for some reason when he emails it, the Excel spreadsheet chart does not attach correctly and it pulls in a different chart into the ordinance. Mr. Roats asked for the ordinance to be pulled from the agenda so the correction can be made.
Council Member Stear moved to withdraw his motion to dispense with the full reading and three consecutive readings of Ordinance No. 2010-4D. Council Member Buban-Vonder Haar withdrew her second of the motion.
Council Member Buban-Vonder Haar moved to pull Ordinance No. 2010-4D from the agenda. Seconded by Council Member Stear, all voting aye. Motion carried 4-0
7. Mayor/Council Discussion Items:
8. Announcements:
9. Executive Session:
A. Adjourn to Executive Session Pursuant to Idaho Code 67-2345(f) for the Purpose of Discussing Potential Litigation; and 67-2345(a) Personnel
Page 14 of 15 Kuna City Council Meeting Minutes – April 3, 2012 Council Member Buban-Vonder Haar moved to adjourn into Executive Session Pursuant to Idaho Code 67-2345(f) and 67-2345(a). Seconded by Council Member Stear with the following Roll call vote: Voting Aye: Council Members Buban-Vonder Haar, Cardoza, Hoiland and Stear Voting No: None Motion carried 4-0 Time: 8:30 p.m.
Council Member Buban-Vonder Haar moved to adjourn from Executive Session. Seconded by Council Member Stear, all voting aye. Motion carried 4-0 Time: 10:27 p.m.
Mayor Nelson announced the regular Council Meeting has reconvened.
Council Member Buban-Vonder Haar moved to offer the position of Planning and Zoning Director to Wendy Howell pending the necessary completion of a few additional pre-employment screenings. Seconded by Council Member Hoiland, all voting aye. Motion carried 4-0
Mayor Nelson stated Wendy Howell will be offered a contract.
10. Adjournment:
Council Member Buban-Vonder Haar moved to adjourn the meeting at 10:28 p.m.
______W. Greg Nelson, Mayor
ATTEST:
______Brenda S. Bingham, City Clerk
Minutes prepared by Brenda Bingham Date Approved: CCM April 17, 2012
Page 15 of 15 Kuna City Council Meeting Minutes – April 3, 2012