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Home My Public Portal AboutMinutes_CCSpecialMeeting_08052014SPECIAL CITY COUNCIL MEETING AUGUST 5, 2014 — 7:00 P.M. IONA COMMUNITY CENTER PRESENT: City Attorney Dale W Storer, Mayor Brad Andersen via telephone, Council President Robyn Walker, Council Member Rob Geray, Council Member Dan Gubler, Council Member Kathy McNamara, and City Clerk Julie Hammond. ABSENT: Public Works Director Zech Prouse, Police Chief S . nnon Basaraba, Building Inspector Allen Eldridge, and Treasurer Amy Sullivan. VISITORS: None. Council President Walker called the Special City took a roll call vote: Council President Walker — Yes Council Member Gubler — Yes cil Meetiri < +rder and Clerk Hammond ouncil ► -mber Ger. Yes n ber McN. - Yes Executive Session: Council Memb ' + oved to r- nto executive session to consider records that are exempt from disclosur p ! in § 6 (1)(d) Idaho Code, Chapter 3, Title 9. Council Member Gubler seconThe was passed by roll call vote: Council Pres a ` Yes R , ber Geray — Yes Council Me Gubler s ouncil ber McNamara — Yes Thereafter fo - d a dis • • the le _ emorandum authored by the City Attorney s the , sec. d oved to retire back into open sessio + er appro the, to adjo • e meeting then concluded at 8:55 p.m. 1 treasurer From: treasurer <teasurer@cityofiona.org> Sent: Monday, August 04, 2014 3:40 PM To: lona_mayor@hotmail.com' Subject: Notes from Attorney for Aug. 5th Special Mtg. Brad & Julie: A few notes from Dale Storer for meeting: Call meeting to order and immediately motion to retire into Executive Session stating I.C. 67-2345 (1) (d) for the purpose of considering records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code. Then when discussion is over in Executive Session, motion to retire into regular session. Motion from discussion and adjourn. Amy Sullivan, CMC Treasurer City of Iona PO Box 487 Iona, ID 83427 (208)523-5600 Laugh as often az you broatht Gov;¢ az long az you live 1 LEGAL MEMORANDUM To: Mayor and City Council, City of Iona From: Dale W. Storer, City Attorney Date: August 5, 2014 Re: Nu'R Subdivision Annexation Yesterday morning I met with the planning consultant which we have hired in order to make recommendations to the City Council and provide the factual background and public policy purposes underlying a Category B Annexation. During the course of our discussions she pointed out two very significant problems with the legal description used for the proposed Annexation. First and foremost, she overlaid the legal description for the proposed annexation over an aerial photo of the properties contained within the Nu'R Subdivision. As can be seen on the aerial photo accompanying this Memorandum, the house situated on the southern -most lot within the Subdivision straddles the southern boundary of the original Subdivision as it was plotted out. Apparently, the owner purchased an additional parcel of property outside the Nu'R Subdivision to the immediate south of his platted lot and then built his home so that it straddled these lot lines. The net result is that if the annexation goes forward the new City boundary would intersect with the southwest corner of his house. This problem is not apparent from a review of the Subdivision plat alone and was discovered only after our consultant transposed the legal description over an aerial photo. Under state law, all ordinances, including annexation ordinances, must be "reasonable." In the case of Batchelder v. City of Coure d'Alene, 85 Idaho 90, 375 P.2d 1001(1962), the Supreme Court held that an annexation ordinance which established a city boundary in the middle of a drive- in theater property, was not reasonable and therefore the annexation ordinance was void. Consequently, this problem alone would make the Nu'R annexation void in its present form. A second and equally serious problem arises because the boundary description contained on the plat includes the eastern one- g��f of Crowley Road, which is currently a County road. When this plat was recorded in +4' it was common to plat and dedicate the road to the center line of the County road. In 2002, the Idaho Legislature amended the annexation statute (I.C. § 50-222) by adding a provision which prohibited a city from annexing one-half of a county road. Essentially, the statute requires that either the entire width of the road be annexed or alternatively that the annexation boundary must be coterminous with the edge of the county road right-of-way. In reading the fine print in the Nu'R Subdivision plat, it appears that the legal description contained on the Nu'R Subdivision plat goes to the middle of Crowley Road. By virtue thereof, the legal description used for the annexation ordinance as presently proposed would not comply with this Code section, therefore again rendering the annexation ordinance void. Given the problems noted above, in my opinion you have the following options: Option No. 1. - v u al/e/X61-7-�17. o:0,A ‘S %f/ ///, 9d/e At the conclusion of the hearing, move to annex the subdivision, but eliminate the east half of Crowley Road. The revised legal description would also eliminate Lot 1 of Block 1 (the southernmost lot), thus eliminating the problem with having the City boundary straddle the owner's house. You could then maintain the hearing on its currently published date and then make those changes at the end of the hearing, (assuming you elect to move forward with the annexation). This option would bring the matter to a head the quickest and get the matter resolved. It would have some risk of a legal challenge (assuming the Subdivision is annexed) since there is no case law providing guidance on that procedure. It would also leave the southernmost lot un-annexed. (NOTE: Unless you get at least three votes on this, you will have to pass this ordinance on three separate occasions.) � �,0 .1(/ Option No. 2. iil 4a7e; - 4,7 /6e />,;47a / Cancel the City Council hearing now, citing an erroneous legal description as the basis therefore. Indicate the City Council hearing may be rescheduled at a later date, after the legal description has been corrected or it may be abandoned after further study. The matter would be brought back directly to the City Council at a later date, if the Council elects to proceed. This option has the same legal risk as noted in Option No. 1 above, if you later elect to move forward with the annexation, but it leaves the matter festering in the community for another month or two, unless you unequivocally abandon it. It is somewhat safer than Option No. 1 above, because you would re -publish the amended legal description. Option No. 3. Move forward with the annexation as planned and then deny it on the basis that the legal description is defective. Indicate the process may be started anew at a later undetermined date. This option will undoubtedly avoid litigation, but will leave the "barrier" to western expansion, unless a future Council elects to tackle the issue again. You also put everyone to the irritation, time and expense of a wasted hearing. Option No. 4. ;‘, J Q ' 1`' " ig/Cf e7 a�i'y / � Remand it back to the P&Z to start the process anew, after the legal description is corrected. The new legal description could then include the southern -most lot and adjoining metes and bounds county lot. This would also be safe from a legal perspective, but it continues to drag the matter on without resolution. Option No. 5 Abandon the annexation for now and pursue other options to mitigate the barrier created by the Nu'R Subdivision (e.g. annex around it on the north or the south, persuade the owners on each side of Denning or Freedom Avenue to voluntarily annex in exchange for a waiver of the water connection fees. This option puts the controversy to an end for now, but shoves the problem to a future Council. If the Council is very divided on the issue, this may be the best option. I would be happy to discuss these latest developments with you during the executive session tonight. Enclosure GAWPDATA\DWS\2708 City of lona4WNEX\2014\Nu'r Addition Annexationlugal Memorandum 2014.08.04.wpd:sm 1Vl3 r ONVHON H3ISelS £LPSZL38£NZOdM JIVMO %/ZOO L0000540d13 JIVMO 8£OOL0000540d21 OVOMIIVM NM3iSV3 85L LZ L 38£NZOdiJ • p l 13VH01WIS8W000 OZ04ZL38£NZOdM l 13VH01WtiS8W003 616£Z1.38ENZO l2i iMvnis oienM R0010000540d21 0IV1:10 N3SNVH WOOL0000840dM .a I0VM1 Il)1OOW 0400 1.0000540dM Wei oonl V9001.0000540dM �• , • ,23 7 North 1/4 COR. SEC. 1E TEN R38 Ent I NUR NUJ 1R SU DIVISION BONNEVILLE COUNTY, IDAHO PART OF NW 1/4 SEC.I2 T2N., R.38 E. B. M. BENTON ENGINEERING CONSULTING ENGINEERS IDAHO FALLS, IDAHO SCALE: 1" " 200' 4lRadzer Cofa(r-sac 7itwerf.•sy eore/nenf 7hef oan'of cites-sse eoree'Pell /otr to Ar iLt .caner 4440s 1/ree,/rr a 9!%sUed Jr. Ess/. F t re8g • - �'�@' 'n roosa11? il )n. � f x 1 W3 t S ' % A I '' 8' eis�a¢ N34§v01 , ;8�8 7 ! ---- =....... $ _- likOi I# NAiltp r v wars. 1 arao rD;m r' mita" MO \,ear, 7Jree - 7a0� _ CROWLEY �VSas-E arao YS Z�"il �, r . N.W. COR. SEC. IP TEN RIB E.B.M. a•n^.(rm- • r. aru [• x.es A Z10 a• era:rr- r•,au • eraaa. h avr•.t r, . r. ear✓ [• seer A, MAI w•azoa Waler,o%n.B• npjreversr/y rorsfe Sfofe%' Dereorinoent aV1 //ee/fh 6y rliewvnd S. gao..e Grua f "Ale- //em4•05 hissrm"ri /f•.ir.. i/ .wflr nef�/ evlo rgsr ?e'en" /a anti/ Boneievr//e.% country /49.040 Gfr/et • CITY COUNCIL APPROVAL AND ACCEPTANCE Presented to the City Council this day of , AQ /9 , of which time this Subdivision was approved ono' acrepted. --)Attested iMayor COUNTY APPROVAL AND ACCEPTANCE Presented to the j. Bc County 7/01 of Commiss- ioners this�t_ day of_i ,A Q /991, at which time this Subdivision leas approved and acre fed • ;Attested Cr-t-ea Chairman • 1 eG_o. Eb� _ Sa ornS'W i ".", a • PrAv , C•erab r•rga • R• M.00 4ra'eb -: Ilbt I/4 COR. SEC.12 I TEN R38 E.B.M. RECORDER'S CERTIFICATE NO. lin//V state of /doho, Cpumy � _ M. Bonrsexae, / hereby 4 rtify that this Plot war fiifro' Ge r r1 /9 oilit in bank of "et of Pog'e._7— a/ the request of TAe.k M. Fl yuc/ fee •f s oo arras' / further certify wxd Me tracing of Mir ,aht bear/ 0 my signature a an exact copy of the origin/ rho County ENGINEER'S APPROVAL / certify that / have had it it cigjreet and orreptab, /kj/e/Ad- 4 /97/ r/� Rer�� plot ermined lno' find hat fy and/or Car Engineer ENGINEER'S CERTIFICATE David E. Benton a registered Profess/ono/ Engineer do hereby certify that o/ the request of the owners, / have surveyed the tract of /ono' shoran on this plat and described below and have .subdivided send /roe/ of Az' into blocks, tots ono' streets to be known or Nur Subdivision , Boonew//e Caanty, /o'aho, and / further certify that the tracing of this fiat bearing my signature /s on exact copy of the original mop. Dowd E. Benton RE Aloha Certificate /ya 72e BOUNDARY DESCRIPTION Beginning. at /he rvorhfreues/ Corner of .sec//on /P TPA/ ,938 47,9.41 0,70' rar/orsy thence /YB9'.77.0•E o%rro- .lie rer,%,aao /v.r 4P/.oa feet; thence Sa os-osW etzIO feC1,' thence N619V/•.f 'e J5.4¢ feet; /hence SOOs'arft, rootgoo feet; thence ..Vee'PfssE rezti, feet,. thence Sa'050571, 84400 feel; thence SCB' LW's, aff.00 feet to a fttanl ar) 755e West tine o1 .rasa' .fi=rtnnn /4 Rxd ,eta/n/ being 440 0S oS e- 4rS. qO fee" /rein the /44=rf gr/ai/er- LSrner of .szd Sec%nn /2% >hBisce rvoOsoS E a/aaq hse SerAwv /ne eie7.40 fee/ to 10e pain/ of 256•94 r7ing, Confoinirlq 4'5. 9/4 .acrrs. DEED OF DEDICATION Be /t ,?/wwn that: We the undersigned do Avr- by certify that are are the /ego/ ownerr of the above described trot/ of /and and have caused the some to be subdivio'ed into blacks, tots and streets to be Awe:wan or Nun Subdivision Bonnelri//e County, /daho and are do hereby give, grant o//d dedicate /o the public for ferpetuat ,oub/ic use at/ streets, a//e s and easements shown hereon for the fur ose or noted on the aeeampahouro map. in Withers whereof we., hove hereunto set our .signa/vies _2. this/day of Sry ,4 Q a . JACK M. FLYNN' LANDS INC. on rdoho c-orjvortstion Mari scut ari T- r-(.'r ., r .Sc< U ACKNOWLEDGMENT Stole of to'aho Cavrnfy of Bonney/We Persatiady appeared below me the omit, - Signed. /Votary Public, the above Aniia',aerrons •e/n number known fa me to Er the syners of the oboke Ave of Dedication and ditty orknow/ea'ged rh ore &of they executed t/x same for the par ose themin mentioned. Doled pt toroso .Po!/: r6. thir_a?�"r eoynof 1 5C AQ /9L/' ,�a urep�'V1e w4+. rllfiCivnmisriao ex,Cyrrr.00-r /Votary Public c