Minutes - 1996 - City Council - 09/10/1996 - RegularEAGLE CITY COUNCIL MEETING
Minutes
Pre-Council:
The Eagle City Council met in regularly session on September 10, 1996. Mayor
Bower presiding.
Sheriffs Reoort: Steve, report handed out on serial "DR" reports from within the City
limits. General discussion of the report contents. Reported that Sheriff can put STEP
out here, speeding is a problem county-wide. Masner would like to see the ratio
reversed to issuing more tickets than warnings. The Idaho Statesman prints the
criminal activities reported by the area. Mayor is unsure with current information
furnished by the Sheriff, as to the levels of crime by specific area. Council desires the
Sheriff to step up traffic enforcement by handing out more tickets.
Mayor and Council Reports:
Masner: Sewer board will be at the Ada County Commissioners to reevaluate the
Eagle Sewer permit/capacity issue. A meeting will be tomorrow at 6:30 p.m. at Ada
County.
Merrill: Informal park committee meeting on September 4. Good turnout, did some
assignments. Looking at the possibility of a recreation center and will be assessing
that in the future. Property north of the bypass adjacent with the Merrill property is
considered for trade to allow a closer proximity to the city. Would the council like to
acquire more property for park development. Looking at area by Dickey drive for a
possible designation as parkland. Prime Earth now owns the property. Discussion on
the property.
Mayor: Had a couple of meetings with the Centennial ~ommitte~ (i00t~ Western
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Idaho Fair celebration) for the fair. Major push by local concerns (eagle express,
chamber of commerce). Hoping to get some donations to build a booth that
rePr~sen{S Eagle at this fair. Discussion of general items, a mix of the social and
fa~ii~ hi~[~ries DiScu§sion of Meeting with IRS in Salt Lake in October. General
d SCass on of~nal c0ntract Wl'~h ~awley Troxel (the city's legal representative before
the IRS). Trail Creek/Echo Creek situation still under investigation, in a discovery
stage.
City_ Clerk/Treasurer Report: Eagle Express has filed documents with the City to
become the official City paper. The info should be available to the Council on the
24th of September. First Security Bank Meeting to switch account from U.S. Bank.
Meeting on the 12th. Business cards - Final copies were shown to Council. The price
is higher than what Korey would like to pay for cards however we are getting a
number of items that help us e someone else in the future if we want.
Merrill: Asked that the City Clerk and City Attorney review the current ordinance
concerning the City/corporate seal for possible amendment.
Clerk: Revenue expenditure monthly report submitted to the Council. Quarterly report
needed. There is conflict within code and a change in the ordinance will adjust
publication times to bring the codes into consistency. Charge for copies but we want
to bring a draft resolution on charges for copies. The fax machine is out in the
Mayor's office as requested by Council. Open meeting law, publishing and posting of
agendas. A report written by the Mayor on September 9, 1996 was referenced.
Discussion of the electronic system and the reports due from computerland. Will
provide a written report on the status and future (goals) of the City Hall network.
Zoning Administrator Report: Joint meeting with the P&Z people, 5th Monday of the
month (app. Every 3rd month). P&Z is concerned with expanding the eagle city limits
to the boundary limit. Would like this on the agenda of the next meeting. Ordinance
276 was reviewed by the Zoning Administrator, espec, i~|l¥ with the sign lighting issue.
No real discussion of the illumination provisions. ~ comm!ttee to
focus on the measurement of brightness of signage. ~'e ~tere~t~ at ~oking
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at the results of this type of study. Merrill noted mixed emotions, perhaps opening
Pandora's box. Masner noted that a study sounds good. Butler noted the unanimous
request b~ P&Z commission. Mayor noted that he would look at the study, but can't
~-~,~ ~S,, i Merci W~hed to et the ordinance take effect then let the dust
setti~ for aWhile, i~ it sesames aburden then we could look at the issue. Butler
continued with a discussion of handouts noting timelines with cutoff dates. (Marked
"Exhibit B"). General discussion of format. Yzaguirre requested a list of what is going
on, or in the pipeline. Example of item reviewed, approved, continued, lost, etc., and
a note on how is the application processing within the pipeline. General discussion of
ACHD street scaping. Last item related to discussion on the Evan's building center
with Gary Blaylock.
~3.gJJ3~JZ~: Conducted site inspection with Building Inspector. No record of
what was agreed upon. A report to this effect was filed with Mr. Butler. Current
drainage is effective. No current documents showing what was there or intended to
be there. Recommended that the file be completed to allow for a picture of the
intended result. Recommendation that we contact the developer, seems willing to get
this issue resolved. Developer appears willing to move on the issue. Hesitates to say
the delay can be pinpointed to any one entity. Last item, received some irate phone
calls concerning the bypass, lTD apparently made some commitments to the
property owners, unknown from the record. All verbal communications.
Ci Attorne Re ort: Discussion of signed agreement for Kestral cove, will try to get
back to council. Wishes to inform the council, an appeal has been filed in the
Supreme Court by Eagle Water. We should discuss this issue, but should be done in
executive session at some other time.
CALL TO ORDER: At 8:15 p.m., Mayor Bower called the meeting to order.
ROLL CALL: The following members were present: RICK YZAGUIRRE, MORGAN
MASNER, NANCY MERRILL. STAN BASTIAN s absff~t'Quorum being present.
PLEDGE OF ALLEGIANCE:
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Masner: Moves to add item 6.D. under new business, seconded by Merrill.
yzggq!r~ei Discussion, Is this okay with the open meeting issue?
MaSher: ~sked by mayor to bring up at the meeting.
Ua~! O~iY ~ing io a~k th~ii along with the memorandum (see staff report from
mayer) does thiS ~eet With {he City Council Policy of April 25, 1995.
Masner: At that time the mayor used to entertain any motion at the beginning of the
meeting. The set of practices no longer exists, we should revisit the issue again.
General discussion of issue and of annexation. Called for question, ALL AYE,
MOTION CARRIES ....
CONSENT AGENDA:
Masner: Move to adopt the consent agenda as presented, seconded by Merrill. Call
for question, ALL AYE, MOTION CARRIES ....
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UNFINISHED BUSINESS:
Ins~anc~ for City of Eaale Elected Officials. Employee Handbook Chapter 6
was continued from the August 27, 1996, regular meeting of the City Council.
Yzaguirre: recently aware of clause "all city employees and officials are eligible for
insurance" As senior council member, he was not aware that this existed. Two issues
to discuss. First, he wanted to make sure that council is aware that it is available.
Next, is this appropriate for part-time elected officials to be eligible for medical
benefits? Discussion of benefits. Having a hard time rationalizing the benefit for part-
time elected officials.
Masner: Made aware of this from the former city clerk. Never participated, but made
available.
Would like a statement of benefits to be handed to all city employees, does not know
of any council members that have taken advantage of it. Former Mayor Gerber did
not as well. Former council member Minnow, no coverage before his surgery. City
picked up his insurance, but in reading this policy, confuses him. Maybe ok for the
official, but not for the elected officials. Does not think it is right.
Mayor: Are you proposing we drop coverage for the elected officials?
Merrill: Given a paper that this was made available, she is currently using the eye and
dental coverage, thought it was what is required.
Yzaguirre: Not a sour grapes thing, not made aware nor think it is appropriate.
to amend the employee handbook in chapter 6 to not include elected officials.
Seconded by Merrill.
Moves
Mayor: discussion, working full-time with part-time nice amenity to
him. He currently subscribes to this benefit.
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Yzaguirre: Perhaps discuss this further, how does the council feel about this?
Ma~er: Feels mayor should be treated as the other council members. Is this benefit
Mayor: Gerber covered by this plan.
Masher: Feels rather ambivalent about this issue. Has not seen a problem,
Merrill: Is the cost high? (City clerk, only if it is used). NO problem with the elected
official, but not so willing with the dependent coverage.
Yzaguirre: Can see how someone can really take advantage of this. Can get over
$500 per month really easily in his case. Unfair compensation across the board. Not
being fair to the public, unaware of the benefit.
Masner: Would you, Mr. Yzaguirre, drop your own coverage and go with this policy? If
not reelected, coverage is gone. Kind of a moot point.
Yzaguirre: Understand employee can continue coverage.
City Attorney: COBRA, more stringent restrictions on declining insurance, this is
rather a personal decision, a matter of benefits to the elected officials. Discussion of
the costs of those electing to be coverage and age-dependant
Masner: Another point of the discussion. If only covered for family alone, and the city
covered elected official. If it is a benefit, it should be spread evenly, open to any
suggestions.
Yzaguirre: Willing to withdraw motion, maybe next year. Withdraws motion,
seconded concurred. Follow up, Moves that group mff~ical insurance be provided for
all full-time employees and the mayor, and not covered for the counc Ior mayo~s
dependents. Seconded by Merrill.
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General discussion of coverage, include dependents at the expense of the city.
yz~uirre! Intended to make coverage available to all full-time all employees and the
e~dents of e ected officials exempt from benefit plan.
Masner: His observation that only person adversely impacted is Council member
Merrill. Call for question. ALL AYE, MOTION CARRIES ....
NOTE: Rescinded by Motion of City Council on October 24, 1996.
Findings of Fact and Conclusions of Law - The City Clerk requests Council approval
of the Findings of Fact and Conclusions of Law for the previously approved
Conditional Use Permit for the Lexington Hills Elementary School, to be located on
the west side of Seven Oaks Road north of Floating Feather Road in the Lexington
Hills Subdivision.
City Attorney: Requests be continued to the next agenda.
Yzaguirre: Move to continue this issue to the next available city council meeting,
seconded by Masher; ALL AYE, MOTION CARRIES .....
NEW BUSINESS:
Lexington Hills Elementary School - The Zoning Administrator is requesting that
City Council reconsider the previously approved Conditional Use Permit for the the
Lexington Hills Elementary School. The site is located near the northwest corner of
Floating Feather Road and Seven Oaks Drive on Lot 32, Block 7, of the Lexington
Hills Subdivision #5.
Butler: Provided background on this issue, approved CUD with conditions. The
applicant came in for a building permit. When reviewing the file, additional
information entered as it relates to fire suppression, a~quacy of water pressure.
Minimum requirements for the pressure. Nowhere in i~e loC°rd wasthe adequacy of
the water reviewed or discussed by the Council. Felt ~e had fuli a~thority to aPProve
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the building permit, however, he felt that this issue should be reviewed concerning the
adequacy of water pressure. (Adequate assurance that water be supplied). Issued a
foundation permit only allows the school to get started. Provided several documents
on t~e i~Sae. RecOnsiaer thi~ issue discuss it, and place the additional conditions.
Merrill: Your asking for an assurance of adequate water supply. But no time frame is
available to work with.
Butler: In the Code, the timeline for CUP is that the Council must make a finding that
adequate water must be supplied.
General discussion of the School Districts needs.
Yzaguirre: Would like to allow Kathy from United Water, issue has been allegedly
resolved as of today.
Masner: Move to place this item A under "NEW BUSINESS," move onto next item
then return to this item, seconded by Merrill. ALL AYE, MOTION CARRIES ....
United Water - Councilman Masner is requesting that the City Council hear testimony
on water service to the Lexington Hills school. United Water is requesting to
comment on this issue.
Masner: Kathy from United Water is here to discuss the water issue at Lexington Hills
Elementary School..
Kathy Schiflet, representing EM2. Working diligently to buy some options to aid the
city in this issue. Gone through several options, with wells, pumping options, and just
this afternoon able to "float" the fire hydrants and are now certified that they meet the
requirements of the fire department. To continue, all of the problems are not solved.
The one well has some problems producing sand. When the we I is turned on, and
the pump is fully activated, a fine black sand is disbursed (but only to the ~e
suppression system only. Spoke with the City Engine~ ~illiarra~e m6;~ me~tings
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to improve the management of the system and discussions with city staff.
General discussion of issue.
aa~br: W~uld lik~:th~ OPportUnity to have the Zoning Administrator and the City
Engineer review the issue, and if okay, approve the building permit. No formal motion
is required.
Mayor: now return to Item A, continuation necessary? Deny or drop. Staff report at
the next meeting.
Masner: Moves to continue item A to next meeting, seconded by Yzaguirre. ALL AYE,
MOTION CARRIES .....
Merrill Park -- Discussion - Councilman Merrill is requesting that the City Council
consider directing the Zoning Administrator to have the City Engineer start the survey
work needed for the future Merrill Park.
Merrill: MOVE to continue this item to the next meeting. Seconded by Masner.
Discussion: partial surveys already done, a bit premature for the discussion of this
item. ALL AYE, MOTION CARRIES ....
Emero_encv Moratorium - Councilman Merrill is requesting that the City Council
consider an emergency moratorium to clarity the building materials guidelines within
the Design Review Ordinance.
Merrill: Brought to attention after first applicant came forward to discuss the colors
and metal siding. Left that part out of the Design Review Ordinance.
Recommendations from the City Attorney are for a moratorium.
City Attorney: After speaking with Merrill and Butler, diScusSion oi[ history~ never
intended to leave this out. Possibility of applications c~ming in t~ ~siblY exPi0it this
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ambiguity. Suggests issuance of a moratorium, specifically focused on the items
Previous 8-2A-7, materials not allowed, plywood and metal sidings. Not required to
prO~ss any of these applications. Also went through the Code at that time, and see
if a~ 0the~ items Were ~mitted. None were identified. This is the only vehicle he can
see
Masner: Moves that the Eagle City Council implement an emergency 120-day
moratorium to prohibit the construction of buildings with metal-type siding within the
entire design-review overlay district, seconded by Merrill.
Yzaguirre: Discussion, is this overly restrictive on business development?
City Attorney: This moratorium will allow moving forward on any applicant without
metal or plywood siding only.
Yzaguirre: How many emergency moratoriums can we do? Can this continue?
City Attorney: Cannot do on same issues, but possible on different issues.
General discussion on process and committee and restrictions. Put issue on the
agenda of the joint P&Z meeting.
Masner: Amend motion, to move that the Eagle City Council implement an
emergency 120-day moratorium to prohibit the construction of buildings with plywood
siding except board and batten patterns, and metal-type siding within the entire
design review overlay district, seconded by Merrill.
Merrill: Discussion, part of the problem is the are other items for amendment with the
Design Review. General discussion on process and methods for approval. Call for
the question.
Mayor: Motion on table, vote on the amendment f rst iALI. AYE MO'lION
CARRIES....Motion as amended, ALL AYE, MOTION GARR!ES,
NOTE: City Attorney will get the necessary documents to the Council and Staff.
Ci~iAttorney: Motion is effective immediately, documents will be forthcoming from city
Annexation. General discussion of the issue.
Masner: Make clear, that it is coincidental that P&Z is approaching the question of
annexation at this time. This is something that he has felt strongly about for some
time. Incurring costs that the county is collecting the revenue on, maybe consider the
total annexation of the area of impact. Most of the citizens in this area cannot vote on
the city issues. Prepared to make a motion to set the stage with the upcoming joint
P&Z meeting. Would like to make a motion. Moves that the Zoning Administrator,
working in conjunction with the City Engineer, present to the City Council at the next
regularly scheduled meeting, a proposed area for annexation which satisfies the
criteria of Idaho Code Section 55-222, and includes all eligible land within the City of
Eagle area of impact and which identifies tracts of land greater than 5 acres which
are used exclusively for agriculture and which may be eligible for de-annexation
pursuant to Idaho Code Section 55-226, seconded by Merrill.
Butler: Sounds like this is an important issue. However, the workload is extremely
heavy even with contract approved tonight. Discussion on issues. Concerned with
this added workload. The City Engineer to look at. Where is the money going to
come from? Does this impact the approved SAG's budgeted in FY 97? Would like to
oversee the project, putting a lot of the burden upon City Engineer? Size and scope
of the project? Time and money problem.
Mayor: To City Engineer, can this be accomplished off of the City Engineer's GIS
system?
City Engineer: Not all. The time frame will repose on curren'~ projects. Timing and cost
issues. Would like to make an interim report prior to c~mm ti ng appraising the proiect
at the next meeting.
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Merrill: Can a report be returned by the September 30th meeting (e.g., the Joint
P&Z/Council meeting?)
Clt~ Enginee~i Don t t~iAk so This h~t us cold, need to evaluate the issue with his
sta~ Wo01d like §ome ~ddifion~l time and what the process would entail.
Yzaguirre: In fairness to staff, would like staff to set the timetable. Would not like to
rush staff on this issue, especially after the recent design/review and other crunches.
Prefers staff to report back at a later time.
Masner: Amend motion, I move that the Zoning Administrator work in conjunction with
the City Engineer and present to the City Council at the first regularly scheduled
meeting in October, with an interim report on the September 30th meeting with
Planning and Zoning, a proposed area for annexation which satisfies the criteria for
Idaho Code Section 50-222, and includes all eligible land within the City of Eagle area
of impact and which identifies tracts of land larger than 5 acres which are used
exclusively for agriculture and which may be eligible for de-annexation pursuant to
idaho Code Section 55-226, seconded by Merrill. ALL AYE, MOTION CARRIES ....
Pro_oerty_ Insurance Contract by City_ Council Fred A. Morton. General introduction
and discussion on issue.
City Clerk: Discussion of insurance application.
Masner: Wishes to review the replacement cost of the eagle artwork at Flag Plaza.
City Clerk: Agrees to review prior to submission of this document.
Yzaguirre: Move allow Fred A. Morton to continue insurance coverage #MU2029, for
the next year. Seconded by Masner. ALL AYE, MOTION CARRIES...
City Engineer: Seeks clarification on the arrangement of a meet ng with the EM2.
General discussion.
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Masner: Moves to adjourn, seconded by Yzaguirre. ALL AYE, MOTION CARRIES .....
Ha~i~g nS further business the Council meeting adjourned at 9:45 p.m.
D. KOREq~: LOWDER
EAGLE CITY CLERK/TREASURER
MAY~)~ BOWER
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