Minutes - 1996 - City Council - 10/22/1996 - RegularEAGLE CITY COUNCIL MEETING
Minutes
October 22, 1996
PRE-COUNCIL: 6:43 p.m.
'1. Mayor and Council Report:
Mayor: Noted the absence of Councilmembers Yzaguirre and Bastian~
Masner: APA won the national award for the outstanding planning organization in the
entire U.S., expressing our pride in this achievement. Also, notice given that the
sewer moratorium has been lifted.
Merrill: Park meeting was held. Information was given at the last meeting regarding
the board composition. Discussion of October 29, meeting with Barry Marcus
regarding a land swap. With regard to the Oppenheimer property, perhaps a
comparison of pricing would benefit the decision. Invited Councilmember Masner
to attend the meeting with her. Councilmember Yzaguirre and she met regarding the
composition of the Design Review committee. Would like to add this to the agenda,
next available meeting possible. General discussion of the requirements of the
amendments and of the publication requirements. The Zoning Administrator
mentioned that the metal siding issue should be published by next week. She would
like the additional items (amendments) added into this change.
General discussion of all the possible items to be included into the amendment, and
the process for amending ordinances, mention of the Council as a body, initiating
the amendments. Section B of the Eagle City Code under zoning, discussed the
initiation of the amendment process, in this instance, from a formal motion by the
Council. General discussion of the composition and attendance needs of the Design
Review Committee, a suggestion was made by Councilmember Masner for
alternates appointed to the committee.
Councilmember Merrill discussed some potential for problems within the Planning
H:~COUNCIL~MINUTES\1996~CC102296.MIN 1
and Zoning Committee making final decisions on some of the commercial sites.
General discussion on the actual authority shared or given to this Committee.
[Stan Bastian arrived at 7:10 p.m.]
Mention was made by "The West Ada Express" that notices must be received no
later than Tuesday before publication.
Mayor: Appreciate the concurrence of Councilmember Masner's appointment to the
Hormechea agreement committee, dealing with the sewer district. Discussion of the
appointment of the library board member, Mr. Terry Loftus, for a 5-year term due in
part to his strong recommendations and extensive background. Discussion of the
Merrill Park Committee members comprised of an odd number for purposes of
voting. Councilmember Merrill is asked to act as a non-voting member, and others
in an ad-hoc reporting fashion, the names of which are noted in the Mayor's letter
(See Attachment A). The Echo Creek/Trail Creek work that has gone on for a
considerable length of time, has hopefully reached the resolution stage. General
discussion of the probable solution developed with all of the participants, given the
timing of the development. City Attorney report was requested to be moved to the
end of the formal agenda.
Masner: The act or lack thereof that forced the Brighton litigation has happened
again. None in Eagle have been advised. The Zoning Administrator sent a letter to
Mona Mack (Former legal council in the Brighton Litigation). Discussion of the
specifics (Bristol Heights) and the differences between ministerial and quasi-judicial
roles of the entities.
Bastian: The library issue, as requested by Councilmember Merrill, was discussed,
specifically dealing with the involvement of the library board in the Merrill Park
discussions. General discussion of the time and meeting of the library board (back
of the library at 7:00 p.m.) and of the support of Council regarding the retention of
an architect for the new library building.
2. City Clerk/Treasurer Report: Card for Ann has been passed around.
Training to reduce the dependancy on Computerland. Fourth quarter FY96, and
year-end reports are being produced. Database of ordinances, template for
amendments, general discussion on the process for codification and desktop
publishing discussed during the training at Computerland.
3. Zoning Administrator Report: General discussion of the Design Review
issues and amendments for possible inclusion on a future amendment and their
scope. Bert Bradley asked to have his time on the Citizens Advisory Committee
extended. Discussion of Staff Report Formats (See October 21, 1996, Council
Packets), asked for suggestions on the format and design. Faxed item concerning
the Kestrel Cove drainage issue, general discussion, not going to issue any building
permits until the issues are resolved. Councilmember Merrill discussed the
conditions that have not been met regarding this issue, discussion of the procedures
for moving forward. City Attorney provided guidance on the necessary components.
This issue points to work that has not been completed in accordance with the
drainage agreement. A recommendation was dependant upon the timing of the
issue, possibly excluding Mr. McBride from the agreement. City Attorney will
proceed with the finalization of this issue, ensuring that City meet all of the
necessary procedures. Requests the Council to provide formal guidance on the
process to move forward, to be discussed at the end of the Council meeting.
Zoning Administrator discussed his final report, requesting the Council deal with the
Chaumont Subdivision issue. The Mayor discussed the issue of a motion by the
Council last year and under state law, regarding the addition of agenda items without
an emergency being present. Discussion of the good-faith effort necessary to notify
the public. Mayor does not feel that there has been neither an emergency nor a
good-faith effort. Last meetings' minutes noted that the issue was to come back to
the Council at a time deemed necessary by the Zoning Administrator. Zoning
Administrator feels it was his fault for the delay, hence, he feels that this issue
should be discussed as an emergency due to delays in the paving and construction
of the subdivision.
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COUNCIL: 8:05 p.m. The Eagle City Council met in regularly session on October
22, 1996. Mayor Bower presiding.
1. CALL TO ORDER:
2. ROLL CALL: The following members were present:
MORGAN MASNER, NANCY MERRILL.
excused. A quorum being present.
3. PLEDGE OF ALLEGIANCE:
STAN BASTIAN,
RICK YZAGUIRRE, is absent and
CONSENT AGENDA:
A. Minutes of September 10. 1996. City Council Meetina.
B. Minutes of September 24. 1996. City Council Meetina.
C. Minutes of September 30. 1996. Joint City Council and Planning and
Zonin Meg_.~.
D. Minutes of October 8. 1996. City Council Meetino.
E. Approval of Claims Against the City.
Bastian: Moves to approve the consent agenda items A through D. Seconded by
Masner.
Merrill: Discussion. Would like to pull off Item C.
Bastian: Amends motion, Moves to approve the consent agenda only items A, B,
and D. Seconded by Masher. ALL AYE, MOTION CARRIES...
Merrill: Clarification sought from City Attorney regarding the content and form of the
minutes. General discussion on this issue.
City Attorney: Recommends moving the item to the end of the meeting.
Merrill: Moves that the Council move item 4C, the minutes of September 30, 1996,
E:~COUNCIL~MINUTES~1996~CC102296.MIN ~
to new item 61, new business, under executive session, seconded by Bastian. ALL
AYE, MOTION CARRIES...
Masner: Claims against the city discussion. Has a problem with one claim regarding
the Computerland bill.
Merrill: Discussion of the particular bill, reasons being, the total amount contains a
big discrepancy. Wishes to hold that bill.
Masner: Moves to approve the claims against the city, but to specifically exclude the
Computerland billing until further research, seconded by Merrill. ALL AYE, MOTION
CARRIES ....
Discussion on the reconciliation of the bills and the procedure for future action.
Merrill: Would like the issue placed on the next Council agenda concerning the
Computerland billings, perhaps with a representative from this company.
5. UNFINISHED BUSINESS:
A Hidden Springs Planned Rural Communities - Jeffrey L. Patlovich, Ada
County Development Services Director, is requesting that the City of Eagle review
and provide comment to Ada County with regard to the proposed Hidden Springs
Rural Community. Hidden Springs is a planned 915-unit rural community
development with a small town center (a general store, a school, a fire and sheriff
facility and recreation facilities). The 1,724-acre site is located in the Dry Creek
Valley approximately two miles east of State Highway 55 near the intersection of Dry
Creek Road and Seamans Gulch Road. A detailed project summery is on file at
Eagle City Hall. General discussion of this issue.
Masner: General discussion on the topic of Hidden Springs, and of his desire to add
two more items to the agenda. Discussed the potential impacts on the City of Eagle.
Read into the record a written statement addressing the potential impact of the lack
of local governance and the association of Ada County Government into this issue.
Irrigation and sewer systems is also discussed as a potential impact.
Merrill: Feels we should hear from the applicant on this project. Concurrence by all
the Councilmembers.
Jeff Patlevich, Director of the Ada County Planning, came forward and presented
comment. Two comments, dealing with the history of the project and the interaction
with the County Comprehensive Plan. Compliance with both the ordinance and the
plan have been met. The issues of Councilmember Masher are outside this
approval. Ada County is in the rural, urban and city planning business. General
discussion on the subdivision requirements. General discussion on the sewer and
irrigation requirements. Notes that the comments he provided were not intended to
be negative, but rather, for purposes of discussion of possible issues for
consideration by the County Commissioners.
Bill Clark, 479 Main, Boise, representing Grossman Family Properties, came forward
and presented comment on this issue. Discussion of the history and scope of the
project. Discussion on the issues noted by Councilmember Masner. Councilmember
Merrill initiated further discussion on the issue of overlapping governing ordinances
and the possible confusion for future planning and the issue of the school plans, and
recommends.
Bastian: Discussion of Councilmember Masner's comment. Would like to make
general amendments to the statement. General comments on the pollution
possibilities of the sewer. Recommends placing the two documents.
Merrill: Moves to recommend acceptance of the recommendation of the Hidden
Springs planned rural community to Ada County with the staff recommendations and
with the document and recommendations presented by Councilmember Masher, as
amended by Councilmember Bastian. Seconded by Masner.
Discussion: Zoning Administrator clarifies that recommendations from Planning and
Zoning should be included.
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Merrill: Amends the motion to include the recommendations of Planning and Zoning
Committee, seconded by Masner (See Handout B).
Bastian: Discussion on the application of the staff recommendations.
Mayor: ALL AYE, MOTION CARRIES ....
Masner: Move to add, under Item 6F, the City Attorney's Report. Withdraws.
General discussion. Move to add under item 6F, Chaumont Subdivision; item 6G,
Mayor confirmations of sewer board and park committee; item 6H, City Attorney's
Report under Executive Session. Seconded by Merrill. ALL AYE, MOTION
CARRIES ....
B. Procedures for Making a Record in Executive Session -- Councilmember
Bastian is requesting the City Council to discuss the procedures for making a record
while the Council is in Executive Session. General discussion on the issue.
Bastian: Noted that this an important matter, but not necessarily pressing, in light of
recent conflicts in interpretation. Prefers moving this to the next regular meeting.
Move to continue this issue to the next regular meeting of the City Council.
Seconded by Merrill. ALL AYE, MOTION CARRIES ....
NOTE: Documents to be provided into the next Council Packet.
C. Holladav Engineerina Work Proposal for Area of ImpactJAnnexation -- Mayor
Bower is requesting that the City Council review and formally approve the proposed
expenditure. General discussion of the problem of the issue not being normal and
customary ($7,800 but should be higher in a given range, possibly up to $10,500).
More realistic number should be from about $10,500 to 8,100, not to include the cost
of mailing.
Masher: Stated that is not often that an expense comes before the Council that has
a payback. Merrill also noted that "Contract, Other" at $35,000 could be used to
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address this possibly. The Computerland contract is currently about $54,000, City
Clerk is attending training that should reduce this amount. Also some reductions are
possible in capital expenditures.
Bastian: Noted that the detailing should be completed at another meeting, but the
concept should be approved tonight, followed by a recommendation from staff.
General discussion.
Masner: Moves that the Council approve the Mayor's request to move ahead on this
project, even though it will incur an expenditure as discussed this night, seconded
by Bastian. ALL AYE, MOTION CARRIES ....
General discussion on the specifics of where the money could come from. Mayor will
return at the next meeting with a recommendation.
D. Election Runoff Discussion -- Councilmember Masner has requested that the
City Attorney and City Council discuss the issue of Election Runoff for elected
officers of the City. An ordinance No. 279 is brought.
Masner: For the record, this was Councilmember Bastian's issue. City Clerk
concurs.
Bastian: Discussion of the issue and the history. Moves that pursuant to Section 50-
902, Idaho Code, that the rule requiring ordinances be read on three different days
with one reading be made in full, be dispensed with, and that Ordinance #279 be
considered after being read once by title only: "AN ORDINANCE OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 1, CHAPTER 9, SECTION 1-9-
5, EAGLE CITY CODE BY ENACTING A SECTION ESTABLISHING A
PROCEDURE FOR A RUNOFF ELECTION IN THE EVENT THAT NO SINGLE
CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST IN AN ELECTION
FOR THE OFFICE OF MAYOR OF THE CITY OF EAGLE, PURSUANT TO THE
AUTHORITY ESTABLISHED BY SECTION 50-612, IDAHO CODE." Seconded by
Masner. ALL AYE, MOTION CARRIES ....
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Bastian: Moves that Ordinance #279 be adopted, seconded by Masner. Discussion:
Noted that this is an important issue for nearly any community with a close election,
and that this ordinance with be a great help to the City of Eagle, especially in light
of the previous election.
Roll Call Vote:
Bastian, AYE,
Masner, AYE,
Merrill, AYE. ALL AYE, MOTION CARRIES ....
E. Appointment Authority_. The City Council in a previous meeting asked the
City Attorney to prepare a legal opinion on appointment authority. City Attorney
discussed the issue, but did not provide a written opinion until this time to replace the
item in the Council packet.
Masner: Moves that we continue this item "Appointment Authority" to the next council
meeting, giving the Mayor time to review the City Attorney's Proposal, seconded by
Bastian. Discussion: The plan is to provide a copy first to the Mayor, comment, then
copy to all prior to the next Council meeting. ALL AYE, MOTION CARRIES ....
6. NEW BUSINESS:
A. Summers Pro_~erty Apoeal {AA-2-96). Lillian Summers is appealing the
Zoning Administrator's decision for denial of a building permit for a trailer at 2819 E.
State Street (See letter dated September 3, 1996). The site is located on the south
side of State Street, approximately 1/4 mile west of Highway 55. Discussion by
Zoning Administrator of the history and the future dealing of issues such as this.
Masner: Move to accept staff recommendations and deny the appeal #AA-2-96,
seconded by Bastian. Mayor asked if any persons are here to speak to this issue?
None. ALL AYE, MOTION CARRIES ....
B. Appointment, Library_ Board. The City Clerk requests the Mayor to appoint
and Council to confirm an appointment for a vacancy on the Library Board of
Trustees.
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Masner: Moves that Council approve the appointment of Terry Loftus to the Library
Board of Trustees, seconded by Merrill. ALL AYE, MOTION CARRIES...
C. Upgrade of Part-Time Planning Technician to Full-Time. The Zoning
Administrator requests the Mayor and Council to consider upgrading the Planning
Technician status from Part-Time to Full-Time. Discussion by Zoning Administrator.
City Clerk/Treasurer: Okay on funding source with recent salary savings under full-
time and part-time salary fund subobjects.
Masner: Moves to upgrade the existing planning technician position to full-time,
seconded by Merrill. ALL AYE, MOTION CARRIES ....
D. Eagle City Hall -- Feasibility_ Study. The Mayor requests the Council to
consider the performance of a feasibility study and cost comparison between
expanding the existing City Hall facilities and building new facilities. Discussion of
the two major options: build new or expand current facilities (remodel). Discussion
of the portable facilities and the potential for use of this option: What information is
necessary to allow the Council to come to a decision? Costs of moving? Costs of the
land? other?
Councilmember Masner noted a number of questions, but noted that this study
needs to be done, recommends that the Council and Mayor conduct a workshop to
determine the scope of the project. General discussion on the scope and costs of the
project (new or remodeled city hall). Councilmember Masner provided only one piece
of the project, the cost and availability of the land. Discussion of the general
concerns.
Merrill: Determined that it was cheaper for the city to build than to remodel.
Discussion of the current problem of remodeling. Also, two other issues. The 1%
initiative is coming up. Next, a judicial confirmation is possible, since a bond for City
Hall will most likely fail, although more information is necessary. Would like more
research on this issue, however, will not vote for a remodel, nor a portable office.
H:~COONCIL/MINUTES/1996~CC102296.MIN 1 0
Also, does not understand the leasing provisions of the Oppenheimer deal.
Bastian: Concerned about a number of issues. With the growth of the Senior Center,
City Hall could very easily be turned over to them. The property of Jensen Reality
out front of City Hall is expensive, in addition to the costs of remodeling. The
Stierman property is also a good possibility, along with the Merrill Park property with
the Grossmans and other families. Increased from 15 acres to 17 donated land. The
requested study should include a scope and options.
Masner: Could be convinced of another location other than the Stierman.
Discussion of the Julia Davis Park problem in Boise. Cautions the Council that this
is not necessarily a good idea to layer the park.
Mayor: Discussion of the need for a special meeting or workshop, perhaps as soon
as next week. The Mayor will call a special meeting in the near future.
F(E). Chaumont Subdivision. Zoning Administrator recommended this issue
before the Council for approval of the final plat. Discussion of the issues of the
previous meeting of the conditions met by the applicant by the City Attorney and the
Zoning Administrator.
Mayor: Desires a reading into the record of the variance citation (Section 9-6-3,
Eagle City Code).
Discussion continued on the issue and of the conditions for variance mentioned in
the Eagle City Code. Discussion of the need for special consideration of the length
of the cul de sac, issue can be brought before the Council at this time with a
recommendation from staff.
Zoning Administrator: Recommends approval with the following conditions: previous
conditions, water supply certification, approval of pathways, etc., and a condition of
the drainage plans agreed to from lot to lot, and that all of these conditions have
been complied with.
H:~COUNCILIMINUTES~T996~CC102296.MIN 1 1
Masner: Move to accept staff's recommendation, withdrawn.
Mayor: 5 reasons given for a variance, the applicant, and that the emergency nature
may be spelled out.
Gary Lee, with JUB Engineers, representing the applicant, came forward to provide
comment. Thanks the Council and Mayor, provided a history of the project
development, correspondence, etc.. Discussion of the issues requested for the
variance. This issue was reviewed and approved by the District Fire Department.
Further discussion of the cul de sac length and of the issues considered for
emergency review by the Council. Does not consider the drainage plan requirement
to be feasible on a lot-by-lot basis, rather to be handled through the building permit
process.
Discussion of the drainage issue by Councilmembers Bastian and Merrill, and the
wording of a motion, variance first, then the subdivision.
Merrill: Moves to accept the Chaumont No.1 subdivision final plat with the variance
cited in 9-6-3.
Bastian: Recommends adding to the motion, a statement that the Council has found
that the request for variance meets the conditions stated in 9-6-3, Eagle City Code,
and to approve the Chaumont Subdivision No. 1 final plat with the noted conditions.
Merrill: Withdraws previous motion. Moves to approve Chaumont No. 1 Subdivision,
as it meets the conditions of variance under Section 9-6-3, Eagle City Code, and
also Chaumont No. 1 Subdivision final plat with the conditions that it establishes a
Water Company franchise agreement, meets the requirements of the Eagle
Pathways committee, and standard conditions of approval thirty in number, Bastian
seconded. Amended motion to include the standard subdivision conditions of
approval in place of the thirty. Seconded concurred. Discussion by Masner. ALL
AYE, MOTION CARRIES ....
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G. Mayor Confirmations:
Bastian: Moves to appoint Councilmember Masner to Sewer/Hormechea Property
Committee, seconded by Merrill, Bastian and Merrill AYE, Masner ABSTAIN,
MOTION CARRIES...
Merrill: Questions concerning the duty of the Park Committee, or the Mayor to
determine the scope of work? Discussion of the process and structure and
construction of committees. Does not feel comfortable with this committee,
withdraws her recommendations nor the Mayor's committee appointments.
Mayor: General discussion of the scope of work. Recommends the confirmation of
the recommended participants. Hearing none, no committee exists.
H. City Attorney Report --- Executive Session.
Masher: Moves to go into executive session to discuss the appeal in the Wintery
River, Bothwell v. City of Eagle and discuss the City Councils strategy in this case,
and to discuss the minutes under 61, executive session minutes of September 30,
1996, seconded by Merrill.
Roll Call Vote:
Bastian: AYE
Masner: AYE
Merrill: AYE
ALL AYE, MOTION CARRIES ....
NOTE: INTO EXECUTIVE SESSION ....
Description of the case, strategy and possible outcomes. City Attorney will continue
down the appropriate strategy. Discussion of the executive session minutes of
September 30, 1996.
Mayor: Unanimous consent to move out of executive session.
Masner: Moves to amend the minutes of September 30, 1996, to change the
executive session materials to reflect the following: (deleting all the materials from
H:~COUNCIL~MISU3TES~1996~CC102296.MIN 1 3
the executive session, replacing them with the following "Eagle City Council,
members of the Planning and Zoning Commission and the Zoning Administrator met
to discuss personnel matters.", seconded by Masner. ALL AYE, MOTION
CARRIES ....
Merrill: Moves to approve the minutes of September 30, 1996, as amended,
seconded by Masner. ALL AYE, MOTION CARRIES ....
Bastian: Moves to adjourn, seconded by Masner. ALL AYE. MOTION CARRIES ....
ADJOURNMENT:
Having no further business the Council meeting adjourned at 11:13 p.m.
Respectfully submitted:
D. KOREY LOWDER
EAGLE CITY CLERK/TREASURER
APPR(
CHARL . WER