HomeMy WebLinkAbout10/07/2003 Special Meeting 493
SPECIAL MEETING
OCTOBER 7, 2003 - 9:00 A.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call •
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Paul George, John Puccinelli, and Bernard Sims
Staff: City Manager Zais, Assistant City Attorney McMurray and City Clerk
Roberts
2. Consideration of request by Congdon Orchards to continue the open
record public hearing to consider their appeal on the issuance of
Declaration of Significance that would require the preparation of a
Supplemental Environmental Impact Statement
City Manager Zais explained that, while it was identified as a request from Congdon, it
is actually a joint stipulation and request for continuance from Congdon, the City and
the Neighbors for Responsible Development. All three parties have come forward in
concurrence of this request.
Mike Shinn, Attorney representing Congdon, said they did submit a request for
continuance on the appeal and the stipulation requests a continuance of 60 days. It is
a joint stipulation that was signed by the attorneys from all three parties. The purpose
of the request is to try and enable the participants to agree on a mediator and a
mediation process to be conducted within the next 60 days to see what issues might
be resolved, if any.
Rick Harpel, 806 South 69 Avenue, addressed the delay in receiving notification of
the request for continuance. He expressed the group's frustration as they had been
working diligently going door -to -door, distributing leaflets and flyers advising of the
upcoming hearing only to have it cancelled at the last minute. They spent a lot of time
and effort to be ready for this meeting. This happened with the last scheduled meeting
as well, it was cancelled at the last minute. They requested consideration in the future
to be apprised in a more timely manner. He then commented that this process has
become so convoluted and complicated to understand they don't know whether they're
mediating about different elements of the litigation, or going back to the beginning. He
said it is critical for them to know why we're coming together, what is going to be on
the table, who the participants are going to be, and what we're going to try to
accomplish. They are willing to participate in this delay to hopefully try to unravel the
details. He emphasized that they have not agreed to mediation, but have agreed to
the possibility. They want to know what the parameters are before agreeing to
mediate and they feel it is absolutely critical that Wal -Mart participate in that mediation.
494
SPECIAL MEETING — OCTOBER 7, 2003
Jamie Carmody, Counsel for the Neighborhood for Responsible Development, also .
spoke about the frustration of the late notification, saying they have been willing to
participate but need to be involved in the processes. He said to make sure that
everyone is working from the same point, we need to talk about the scope of the
mediation and where we're going with it. His second point was that mediation is only
necessary if everything is put on hold. They don't want to be in a position where
they're holding off and Wal -Mart is pushing ahead with their application.
Council Member Puccinelli suggested a 30 -day continuance rather than agreeing to 60
days. If at the end of 30 days the Neighborhood group isn't satisfied, the hearing could
be held. Paul McMurray, Assistant City Attorney, responded that, although he
appreciates that we would like things to go along at a rapid pace, in mediation of this
kind of a case with all the litigation involved, 60 days is probably the bare minimum in
which it could be done. Also, we are going to have to select a professional mediator
and it is difficult to schedule time with them. City Manager Zais explained that the
notification was late because it came to the City late. It came on Friday and it wasn't
until Monday morning that they said they would make the proposal for the stipulated
agreement. It seems there should be a very effective, very strong, mediator to help
put this process together and all parties should be there. Wal -Mart was not in the
previous mediation and they are a key player. He said we need all the issues on the
table and have it addressed in the correct manner with the highest priority to make
resolution happen.
Council Member Puccinelli said he had concerns that there were games being played
. and asked why mediation always come forward at the very last minute. He is
concerned about the impact of new members of the Council not being well informed.
Mr. Carmody said he doesn't believe there are motivations or the absence of
motivations but that there is a serious implementation problem. If there is a resolution
in 60 days, this Council will be reviewing the outcome of that. But, there still is a public
process that will have to take place after that. Who will be sitting on the council is a
logistic issue.
Council Member Sims asked Mr. McMurray if new Council members are seated will
they be allowed to participate in voting since they were not involved in the beginning?
Mr. McMurray said he would have to look into that question.
Mr. Shinn advised that he had mentioned to Wal -Mart's attorney that they wanted
mediation and the attorney did not say anything against it. Mayor Place asked where
Wal -Mart is in the application process. Bill Cook, Director of Community and
Economic Development, said they are working on their environmental determination of
significance and we have not received an 'application at this point.
Discussion continued on the timeframe with the suggestion that the process may be
broken into steps; the definition of the mediation with a report back to Council, and
then the actual mediation. SIMS MOVED AND GEORGE SECONDED TO APPROVE
THE CONTINUANCE OF THE APPEAL FOR 60 DAYS. PUCCINELLI MOVED AND
GEORGE SECONDED TO AMEND THE MOTION TO INCLUDE THAT THERE BE A
PROGRESS REPORT IN 30 DAYS. That motion carried by unanimous roll call vote.
The amended motion carried by unanimous roll call vote.
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