Minutes - 2004 - City Council - 10/07/2004 - Regular
ORIGINAL
EAGLE CITY COUNCIL
Minutes
October 7, 2004
1. CALL TO ORDER: Mayor MerriIl calls the meeting to order at 5:30 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is
present.
Guerber moves to amend the agenda by moving Item #5 to #4 and Item #4 to #5 and to go into
Executive Session pursuant to I.e. 67-2345(f) Threatened Litigation. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES...................... ....
Council discusses threatened litigation.
Council leaves Executive Session at 6:00 p.m.
3. HILL ROAD PARK- PHASE 1: Award the Bid for HiIl Road Park, Phase 1.
Mayor introduces the issue. We went over our Contract in Executive Session and our City Attorney will
address this issue.
City Attorney Buxton: There was bid opening October I, 2004 on the HiIl Road Park and there was a
questions as to whether or not the bids were completed as presented. We received a letter from HiIlside
Landscape Construction on October 4, 2004 requesting that Cloverdale's bid be deemed unresponsive. We
received a letter today from Cloverdale's legal Council in regard to the bids. General discussion.
Tom Mortell, attorney for Cloverdale Nursery, I submitted a letter to the City outlining my argument in that
letter. We did not submit evidence of liability insurance, State Insurance Fund insurance, commercial
chemical license with the Dept. of Agriculture, and the 3 letters of recommendations. Today we have
submitted all of these documents to the City. Discusses the Instruction to Bidders and the Bid Form.
General discussion.
Artie Wagner, attorney representing HiIlside Nursery, I think the paragraph of Qualifications of Bidders
sets out what needs to be submitted. Further discussion on the Instructions to Bidders.
General Council discussion.
Nordstrom moves to award the Hill Road Park bid to Hillside Nursery as submitted. Seconded by
Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION
CARRIES... ............ ...
4. RFP - NEW CITY HALL: Continuation of Pre-Submittal meeting.
Mayor introduces the issue.
Nick Guho, discusses using the initial design from ZGA which is copyrighted and is not a full set of
documents and there are a lot of details that are unanswered. This makes it hard to put a proposal together.
We need to have more than just a concept plan to work from. General discussion.
General discussion on creating a materials list.
Tom Zabala, ZGA, we can put together a minimum materials list from the infonnation that was put together
from the original plans. General discussion.
Further General discussion.
Rick Stanley discusses a program report which outlines design criteria that is to be used by the design build
team. General discussion.
City Attorney Buxton addresses some of the leasing questions that were submitted in writing. General
discussion.
Page 1
K\COUNClLIMINUTES\Temporary Minutes Work Area\CC-l 0- 7-04spmin.doc
Discussion on triple net lease.
Bastian moves to withdraw the current request for proposal. Seconded by Sedlacek. Discussion. Bastian
withdraws the motion. Second concurs.
City Attorney will draft a notice to the prospective developers that the RFP is going to be amended.
Council Member Guerber will work with Tom Zabala, ZGA, on putting together design criteria and
proposal evaluation documents.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes at 7:45 p.m.
5. JUVENILE JUSTICE GRANT (ncm)
Mayor introduces the issue.
Jim Birdsall, provides Council an overview of the grant process and identifies what a juvenile council is. It
has been recommended that this is not the right time to apply for this grant. The City needs to do some up
front work on organizing the juvenile council which includes public work shops and finding volunteers.
I've been having extensive conversations with the City of Kuna who has had this program in place for a
couple of years. General discussion.
Council concurs that they would like to move forward to establish this program.
6. WELLS FARGO BANK - SIGNATURE CARDS (skb)
Mayor introduces the issue.
Nordstrom moves to allow Sheri Horton to sign on the bank signature card. Seconded by Guerber.
Bastian: AYE; Sedlacek: AYE: Guerber: AYE: Nordstrom: AYE: ALL AYES: MOTION
CARRIES......... ... ....."
7. RESOLUTION NO. 04-20: A Resolution of the Eagle City Council addressing the Eagle Rural Fire
District's acceptance of the City's tender of Defense in Litigation filed by the Meridian Rural Fire
Protection District against the City of Eagle.(sb)
Mayor introduces the issue.
General discussion.
Nordstrom moves to approve Resolution No. 04-20. Seconded by Bastian. THREE A YES: ONE
ABSTAIN: MOTION CARRIES................
8. CALL TO DUTY FUND DAY PROCLAMATION
Mayor introduces the issue.
Bastian moves to approve the Call to Duty Fund Day Proclamation. Seconded by Sedlacek.
ALL AYES: MOTION CARRIES..................
9. HALLOWEEN TRICK OR TREAT DAY PROCLAMATION
Mayor introduces the issue.
General discussion.
Guerber moves to approve the Halloween Trick or Treat Day Proclamation. Seconded by
Nordstrom. ALL AYES: MOTION CARRIES..................
10. EXECUTIVE SESSION - I.C. 67-2345(0 PENDING LITIGATION
Sedlacek moves to go into Executive Session for the discussion of pending litigation. Seconded by
Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES............ ... ...........
Page 2
K\COUNCIL\MlNUTES\Temporary Minutes Work Area\CC-1 0- 7-04spmin.doc
Council discusses pending litigation.
Council leaves Executive Session at 8:40 p.m.
Sedlacek moves to approve Resolution No. 04-21 A Resolution of the City of Eagle, Ada County,
Idaho, approving and authorizing the execution of the settlement agreement with Aries Development,
L.L.c. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE:
ALL AYES: MOTION CARRIES...........................
11. CLAMS AGAINST THE CITY
Mayor introduces the issue.
Bastian moves to approve the claims against the City. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES... ...... """""" .....
Discussion on the names for the park signs. Council concurs with Eagle Sports Park and Arboretum Park.
Discussion on waiver on Public Records Request.
Bastian: Reports on the irrigation water issues at Lexington Hills.
Discussion on irrigation at the Eagle Sports Park.
Mayor: Reports on the AIC meeting and some of the proposed legislation that could have an impact on the
City.
Discussion on development in Ada County.
Discussion on America's Promise.
12. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES....................
Hearing no further business, the Council meeting adjourned at 9:25 p.m.
Respectfully submitted:
SHAR N K. BERGMANN
CITY CLERKffREASURER
APPROVED:
Page 3
K\COUNClL\MINUTESITemporary Minutes Work Area\CC-IO- 7-04spmin.doc