Minutes - 1996 - City Council - 10/08/1996 - RegularEAGLE CITY COUNCIL MEETING
Minutes
PRE-COUNCIL: 6:30 p.m. - 7:30 p.m.
1. Mayor and Council Report
Merrill: Parks issue, second meeting, has some minutes to include in the record.
Good reports from the participants, e.g., costs, design, shelters, etc. Skateboard
park report, obtained lots of information from Coeur d'Alene during a recent trip
there. Eagle would be well to pursue this type of park to mitigate other problems
from kids. Gathering information from other communities and other park designs.
Will enter the information into the Parks file at City Hall. Recreation Center
information was researched by Ried Merrill, Jr.. The library came, along with a
recommendation that the library be a free-standing library, adjacent to the park.
Wishes the Council to make a decision on the location of the new facility, in order to
proceed with services from the architect. Discussion of names for Mayoral
appointment to a Merrill Park Committee (see handout ^). Discussion of names and
makeup of the new Design Review committee. Discussion of total acreage for park
(11 -- 12, and an additional 2 -- 3 acres for park and library [total app. 17 acres]),
located by 2nd street, east, a big, wide section of land, beyond the drainage area.
General discussion of the park area, roadways, etc..
Masner: Sewer board met last night, empowering the chair to lift the moratorium due
to hauling the affluent away, extra cost, app. $1,000 surcharge to new connections.
Met with several developers on the issue. Felt the moratorium could be lifted as
soon as this week, even with a number of long term issues. Feels the worst is behind
us, expects a number of building permits to come in, possibly over 300 initially.
Hormechea mentioned the requirement of an oversight committee to monitor
progress on his property. General discussion. M~i~ ~bmorrow night with the
overpass committee, possible funding from a h gh~ay ~mg~ VerY clO~ to
reaching the facts necessary to justify a possible gr~t Ocei matching grant)
Yzaguirre: Mentioned at the last meeting, encroachment possibilities by the
pathways near the greenbelt. Determined a potential error on the plats. Possible
amendment Of the plat to determine a new easement through the area near Island
WOODS ~e~i0n~d that Ca~i from the Senior Center is leaving to take another job in
Niai~npa, MentiOn~ the ~ged to recognize him for his efforts. Membership discussion
for Seniors, app. 40 -- 50 members. Discussion of sale or trade of lTD property,
along the alternate route, lTD should have notified the City, recent transactions
have shown this not to be the case. Mayor recommended to contact Leroy Miens
to see if we can work this out. Example of the property between the Albertsons and
the alternate route, now a done deal without City input. Rumor is that Albertsons is
now marketing the site to McDonalds. General discussion on authority and process
for land dealings between the City and lTD. Notice provided on a number of
properties after the fact.
Bastian: Discussed the Eberle report in front of them. Discussion of the Library
building, hesitant to give approval without the land available. Wishes to be near an
indoor recreation facility. General discussion of the personnel at the library, possible
hiring of a new library. Would like to know the city's authority or requirement to hire
a new librarian, referred question for future answer to the City Attorney. Library
trustee discussion for recommendation from the Mayor, to the Council.
ConsultantJArchitect for the new library, discussion of the need to go out to bid,
exempt from the bid statutes.
Masner: Supports the idea if the Library board desires this person.
Bastian: Library has no funds for payment of this service. General discussion of the
costs ($85 -- 90 per square foot) total. No idea on his costs. Recommends the
obtaining of a proposal from the architect on the costs of the service.
City Attorney: Discussion the roles of the Library Board and the Council. Powers of
employee selection is within the Library Boards roe ~
Mayor: Received final report and demographic report ifrom the Chamber of
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Commerce. General discussion of the information. Would like Council's input on the
report. Commendations given to the economic development committee. The report
is~ recommendation to the P&Z commission, submitted into the comprehensive
iii!ii
2. City Clerk/Treasurer Report: Carl from the Senior Center was to be here.
Wishes to thank the Council for all of their support and dedication to the Eagle
Seniors. Discussion of attendance needs for the Leadership Conference in Sun
Valley. Merrill will be attending. Discussion of the migration to MS Office Suite due
to the unsupportability of the current suite and due to the lack of sufficient backup
system software. Bastian wishes to see a complete package approach to software
and hardware upgrading. Discussion of new priority lists. Discussion of how to deal
with development of a new Personnel manual, to be completed in prioritized
sections, rather than as a large project.
3. Zoning Administrator Report: Wished to turn over time to Steve Spiekelmier.
Mr. Spiekelmier came forward to report on the previous request on design and cost
of the new Eagle roadway. General discussion of the report and design to save the
trees and develop the planting beds. Drainage discussion. Would like an answer on
what to do, current plan saves all but three trees in the area.
4. Engineer Report: deferred report due to items later on the agenda.
5. City Attorney Report: Moved to the end of Council.
COUNCIL: 8:00 p.m.
1. CALL TO ORDER:
The Eagle City Council met in regularly session on October 8, 1996. Mayor Bower
presiding.
2. ROLL CALL: The following members were ~resen~: RICK YZAGUIRRE,
STAN BASTIAN, MORGAN MASNER, NANCY MERRILL~ a quorum being present.
H:~COUNCIL~MINUTES~1996~CC100896.MIN 3
3. PLEDGE OF ALLEGIANCE:
CONSENT AGENDA:
M nute~ of APril 16, 1996.
B Ui~es 0~ J~ty !5, 1996.
C. Claims Against the City.
Yzaguirre: Moves to amend the agenda to discuss item 6A in between item 4C and
Item 5A, seconded by Merrill. ALL AYE, MOTION CARRIES...
Yzaguirre: Moves to approve the consent agenda as noted, seconded by Merrill.
ALL AYE, MOTION CARRIES ....
A. Roadways from Albertson's to 2nd Street -- Eagle citizen Archie Nihill has
requested the City Council to review the process and implementation of roadway
entrances on 2nd Street and the new Albertson's. Mayor Bower received the request
on September 30, 1996.
Archie Nihill, 242 S. 2nd Street, came forward and presented comment. General
discussion of the history of the city and that we should not have problems like this.
2nd street is a light street, Albertson's contractors have disregarded all of the laws.
Previously called 911 on many occasions without result. General discussion of
authority to approve plans in front of his house without notifying him. Feels the
Council is wrong.
Merrill: Discussion (reminder) of the Senior Center Meeting during which the
downtown plan for AIbertsons was discussed, general discussion of the history.
Archie: Construction is not close to completion, big trucks. Threatened to take a gun
out to help the Sheriff out.
Merrill: Will try to get an ordinance together to limit thei~[~S Ge9era cor~ments on
the truck traffic. Will right a letter to Albertson's he~qu~rtersiir~Uestin~them to
H: ~COUlgCIL~MINI3TES\ 1996 \CCl00896 .MIN 4
limit the traffic.
At,hie: Requests a new 50 foot curb placed in by his place and down towards the
e~: Wii! get90 Pr S~ elderly woman to build a barricade.
Tom Holloway, the new store manager from the new Albertsons, came forward to
discuss the issue of trucks on 2nd street.
Archie: Aware that care will use this roadway, trucks cannot. Concerned that there
are entrances. Now says that nobody can use the entrance and exit.
General discussion of the approvals granted by Council on the traffic issues of 2nd
Street. City Council approved car traffic and limited truck traffic for deliveries only.
5. UNFINISHED BUSINESS:
A. O_otion to Purchase Land -- The City Council requested at their regular
September 24, 1996, meeting to review the approval of an option to purchase land
negotiated by Oppenheimer.
General discussion of handouts reviewed at the last meeting and with Jack Koontz
of Oppenheimer Development Company. Jack Koontz described the property and
document related to such. General discussion of the property purchase procedure
using the seller, Oppenheimer, and City of Eagle. General discussion of the
documents, schedule 1 and exhibit A. Extension of 90 days, after February 28,
1997, discussion of the extension procedures. Warranties and release with respect
to the environmental issues of the proposed property. This agreement deals only
with the option to purchase. Next, if the Council chooses, an environmental study
(Phase I audit, app. $1,200 cost) will condition the purchase, and the use of both
portions of the property. Discussion of similarity of option to purchase with a sales
agreement. City has the exclusive right to walk away from the option at any time.
Masner: Moves to sign this option agreement and Spend the $1to accept the
agreement, seconded by Yzaguirre.
H:~COUNCIL~MINUTES~1996~CC100896.MIN 5
Merrill: Discussion of the benefit, no binding action upon the city, all for $1
consideration. Virtually no liability to the city, solely for purposes of tieing up a piece
o~ propei-ty.
Bastian: A ~urnbe~ of opti~13~, 1. Expand city hall at current location. 2. Turn the
current city hall over to the Senior Center, and build a new City Hall at a new
location. 3. Merrill Park and Library option. Feels the $1 option provides a good
decision-making tool.
Mayor: ALL AYE, MOTION CARRIES...
B. Kestrel Cove Draina_~e A_~reement -- The Mayor has requested the City
Attorney to report to Council on the status of the Drainage Agreement and execution
of the work. (CB).
City Attorney discussion of the history of the project, along with the City Engineer,
unsigned agreement, at a level of frustration. Information required is not
forthcoming. City Council approved in April of this year, a drainage agreement along
with a timetable and scope of work. Currently, there is no fully executed agreement,
hence, no construction. Question on the veracity of the agreement, Briggs
Engineering signing the final plat without the agreement, question on the legality of
the Engineer. Report from the City Engineer from Holladay Engineering, Anthony,
currently no current construction on this project, was to have been completed by
Briggs Engineering prior to the termination of their contract. There is a protective
easement, but no design conditions.
City Attorney disclosed a map in his files that is apparently missing from other's files.
Recommends the issuance of a separate agreement to get this project off the
ground, and recommends continuing the issue
Bastian: Moves to continue the Kestrel Cove agreement u~til the next regular City
Council meeting, seconded by Masner.
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Merrill: Discussion, met with the homeowner, Mr. McBride, about PVC used and
ex~gse~ in the sunlight, concerned eliminated since the piping is sewer pipe. He will
bb !eavi~g town on October 16, very eager to complete the agreement with this issue
a~ r'e~. G~er~l diScusSion of the drafting and process for completing the
Bastian: Call for the question. More discussion. If we have a drainage agreement,
construction must be completed within 30 days. ALL AYE, MOTION CARRIES...
Merrill: Would like to pursue this issue, and instruction from council.
Masner: Moves to authorize Council member Merrill to get involved on behalf of the
Council to work toward resolution of this problem, seconded by Yzaguirre. ALL AYE,
MOTION CARRIES ....
C. 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. (KL)
General introduction. Zoning administrator recommends approval.
Yzaguirre: Review of suggested motion language. Move to approve the findings of
fact and conclusions of law for the previously approved conditional use permit for
Lexington Hills Elementary located on the west side of Seven Oaks Road and the
north side of Floating Feather Road, seconded by Masner, ALL AYE, MOTION
CARRIES ....
City Clerk clarified the original motions came in effect from Bastian, not Masner.
City Attorney discussion of next items.
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D. Election Runoff Discussion -- Council Member Masner has requested that
t~ City Attorney and City Council discuss the issue of Election Runoff for elected
officers of the City.
Ci~ AttorneY; Provides desk[ ption of the document included in the Council packet,
correspondence from his office to the previous City Clerk. Discussion of the next
step.
Masner: Moves to pass this ordinance, seconded by Yzaguirre. Withdrawn. Moves
that the City Attorney and the Clerk prepare this issue in ordinance form for review
at the next meeting as an agenda item, seconded by Yzaguirre.
Bastian: Discussion of how to proceed. Ordinance assigned number at next meeting
and discussed at that time.
General discussion on the language of the ordinance, and notice requirements to the
public.
Mayor: ALL AYE, MOTION CARRIES .....
E. Two (2) Election Districts Within the City_ of Eagle-- Council Member
Masner has requested that the City Attorney and City Council discuss the issue of
splitting the City of Eagle into two (2) election districts.
General discussion of issue. A meeting will be arranged between Ada County
Registrar, Eagle City Clerk, and the City Attorney to proceed with this issue. Notice
issues and locations of the two districts are discussed. Population groupings.
Bastian: Suggests that through the Mayor, the city clerk to conduct the necessary
work with Ada County, to proceed with the City Attorney to continue with this the split
districts. All should be completed within 90 days.
Merrill: Suggested a review of the school district boundaries as a potential solution.
H:~COUNCIL\MINUTES\1996~CC100896.MIN 8
Yzaguirre: Suggested a review of the standard districts used in state and national
elections.
B~tiah M0~ ~ha~he c~Unc task the C ty C erk to work wth ega counc and
c~nty 0fficials i~ d~ide two electoral districts and that the task be completed
within 90 days, seconded by Yzaguirre. ALL AYE, MOTION CARRIES...
F. Appointment Authority_ The City Council in a previous meeting asked the
City Attorney to prepare a legal opinion on appointment authority.
General discussion. City Attorney requests that the issue be continued to the next
regular meeting of the City Council.
Yzaguirre: Move to continue the Appointment Authority to the next regular Council
meeting, seconded by Masner. ALL AYE, MOTION CARRIES ....
6. NEW BUSINESS:
B. Ca_Dital Improvement Plan - Revenue Stream Forecast - David Erberle
Consulting will make a presentation to Council on the creation of a Capital
Improvement Plan and the need for a Revenue Stream Forecast to augment
strategic capital planning for capital intensive projects.
David Eberle, representing Eberle Consulting came forward to report on this
proposed plan.
General discussion of Capital Improvement Plan and the Revenue Stream Forecast
through the use of a Revenue Projection Model.
Bastian: Moves that the Council authorize Eberle Consulting to develop a revenue
forecast model per the agreement submitted for the expended amount of $2,500,
seconded by Yzaguirre.
Masner: Discussion, sees other ways of possibly pro~ed ng bdt wiSheS [b support
H:~COUNCIL~MINUTES~1996~CC100896.MIN 9
the Mayor on his decision on how to proceed.
General discussi0n on the impact and effect on the standing Parks Development
c~rnitt~e, i~ ~Utc0me °~the contract, and the copyright license associated with
Mayor: Call for the question, ALL AYE, MOTION CARRIES ....
C. Chaumont Subdivision Final Plat - Gary Lee with JUB Engineering is
requesting approval for a Final Plat of Chaumont Subdivision. The proposed
residential development consists of 18 buildable lots and 4 common lots on 8.42
acres. The site is located on the south side of Hill Road approx 1/4 mile east of
Edgewood Lane.
General discussion of the issue and a review of the preliminary and final plats.
Discussion of the changes. Zoning Administrator suggests that the changes require
an additional public hearing process, although he felt the changes were not that
substantive. Discussion of the 50 foot right of way radius, as noted in EC 9-3-2G.
Masner: See considerable differences in the preliminary and final.
Zoning Administrator: Did not have adequate time to review the issue prior to this
meeting.
General discussion of the differences and the incompleteness of the
Merrill: Move that the Council deny the final plat for Chaumont Subdivision,
withdrawn.
Bastian: Point of order, historically, the applicant is allowed to speak to the issue
prior to a council. Applicant discussed the issue generally+
City Engineer: Letter dated September 30, speaks t~the is~ue
H:~COI/NCIL~MINUTES~1996~CC100896.MIN 1 0
Yzaguirre: Feels this issue is a bit premature in its form before the Council.
G~neral d scuss on of the status of the p at Staff suggested the issue be remanded
b~kt~ ~a~ Di~cuS~ion ~ specific items requested of the City Engineer in future
r~orts, ire ~ul~6~ '°f t~ amendments between the preliminary and final plats,
and of the drainage issues addressed for each subdivision submitted.
Bastian: Moves to remand the Chaumont Subdivision Final Plat decision back to the
Zoning Administrator to come back to City Council again at a time when he is fully
prepared to make a presentation, Seconded by Masner.
General discussion on the decision process with the Zoning Administrator.
Mayor: ALL AYE, MOTION CARRIES...
D. Beer and Wine License for Albertson's -- The City Clerk is requesting the
City Council to review, discuss and approve a beer and wine license application from
Albertson's.
Masner: Move that the Beer and Wine License be issued contingent upon
Albertson's conditional upon their delivery trucks not be allowed upon 2nd Street,
seconded by Bastian. ALL AYE, MOTION CARRIES ....
General discussion of the specific portions of the prohibited street access and of the
grand opening on October 16, at 8:00 a.m..
Bastian: Discussion of the prohibited access to 2nd street, but rather just in the area
north of the northern entrance. Recommend reconsideration.
Masner: Moves to reconsider the previous motion, seconded by Bastian. ALL AYE,
MOTION CARRIES...
Moves that Albertson's be issued a beer and wine ii~en~ c°h~iti~nal ~Pon their
keeping all their delivery trucks off of 2nd Street, entering and exiting (and the usage
of 2nd street as a through street) but not to include the use of 2nd street as a turn-
DiScussiOn ef t~ legaiity O~ this conditional use.
City Attorney: Since the applicant is willing to agree to this and due to the conditional
uses already noted in the final plat, there is no harm in this.
Mayor: ALL AYE, MOTION CARRIES...
Bastian: On previous occasions, the Council has requested that the meetings last
no longer than about 10:30 p.m., and the remaining issues could last much longer
than that.
Masner: Agrees, especially in light of the next issue and its large scope, and in light
of only receiving the information tonight.
General discussion of the potential continuance of the issues.
E. Hidden S_Drings Planned Rural Communities
Jeff Patlovich, Director of Ada County Development Services, came forward to
provide the timelines of this issue. General discussion of the issue and of possible
recommendations.
Bastian: Moves that the Hidden Springs Planned Rural Communities issue be
continued to the next regular City Council meeting, seconded by Masner.
Bill Clark, came forward to offer some comment on the issue.
General discussion of the planned community.
~: ~COUNCIL~MINUTES ~ 1996 ~CCl 00896. MIN 12
Mayor: ALL AYE, MOTION CARRIES...
BAStian: Moves that the remainder of the agenda be continued until the next regular
rn~tihg ('.O~be~ 22ief th~ Eag e C ty Counc Seconded by Yzaguirre. ALL AYE,
MQTION
F. Procedures for Making a Record in Executive Session
Holladay Engineering Work Proposal for Area of Impact]Annexation
Mayor: Item received from the City Clerk that a roll call vote is required for the
contract for Eberle Consulting.
City Clerk: Bastian moved that the contract with Eberle Consulting be approved for
the amount of $2,500 pursuant to the contract submitted, seconded by Yzaguirre.
Bastian: AYE
Yzaguirre: AYE
Masner: AYE
Merrill: AYE
MOTION CARRIES...
Merrill: (3eneral questions on the roll call voting process and the amounts required
for approval.
City Attorney: Provided general report on the litigation status of the City.
Bastian: Moves to adjourn, seconded by Yzaguirre. ALL AYE, MOTION CARRIES...
7. ADJOURNMENT:
Having no further business the Council meeting adjourned at 10:45 p.m.
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Respectfully submitted:
D. KOREY LOWDER
EAGLE CITY CLERK/TREASURER
~R