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Minutes - 1996 - City Council - 11/26/1996 - RegularEAGLE CITY COUNCIL MEETING Minutes November 26, 1996 PRE-COUNCIL: 6:30 p.m. - 7:30 p.m. 1. APA Report on the Regional Transit Authority - Clair Bowman, Executive Director of the Ada Planning Association. Discussion of new program that allows for the creation of a service district that overlaps boundaries and provides for the coordination of public transit services. Mr. Bowman discussed the specifics of this program and the implementation impacts statewide as well as procedures for implementation were provided. Eagle is provided a unique position on deciding whether or not to participate in this program. Mr. Bowman's goal is to identify the options and provide a tentative timeline for development, expected to be March of 1997. General discussion by Council and Mr. Bowman of the financial implications for each participating entity with no foreseeable short term impacts, but possible long-term financial advantages to this program, including use of the soon-to-expire $1 fee for recycled tires as a possible funding source. Continued discussion of evolution of the program, including the transportation systems available. Mr. Bowman seeks the sentiments of the Council for this project. Discussion of the statistics available for justification of public transportation systems. Council expressed concern on expending City funds, but noted the positive nature of active participation in the regional planning. 2. Mayor and Council Report Bastian and Yzaguirre, Masner, nothing to report. Merrill met with the library board for the presentation with Oppenheimer group, Councilmember Yzaguirre also attended. On the park situation, the proposed property is under current survey for purposes of deeding the parcel over the City to deal with the land swap issues. ACHD Committee was not to be addressed at this time. 3. City Clerk/Treasurer Report City Clerk provided a summary of the personnel manual project, including three phases reviewed, but not adopted over the next three City Council meetings. Phase 1 is scheduled for the 12/10 meeting to discuss the City's Mission Statement and Organizational Structure. Phase 2 is scheduled for the 12/19 meeting to discuss General Personnel Policies. Phase 3 is scheduled for 1/14 to discuss Employee Benefits. The final review is scheduled for 1/28, wherein the Council is suggested to take final action on the entire manual. The Council had asked for a list of phone numbers of staff and specific contractors in order to make contact on an emergency basis. Finally, the Clerk provided a summary of the month-end financial statements and related documents. General questions were asked relating to building permits issued since the moratorium. And, the franchise fee issues was discussed by City Attorney. 4. Zoning Administrator Report (Postponed due to absents) 5. Engineer Report, No report 6. City Attorney Report, Wintry River Litigation update, the appeal goes on. Add to the agenda the Kestral Cove issue, possibly under executive session. Discussion among the Council members concerning the discussion of this issue now, without discussion the strategies or potential settlement issues. Vem Brewer came forward to discuss the Kestral Cove issue. The property in question, under the opinion of the City Engineer, will not drain. Discussion of the possible solutions, possible utilizing the City Engineer in the design. Presentation of the pro's and con's of this project, and is unwillingness to place the City at risk. Presentation of a possible solution discussed at the meeting, the irrigation problem considered the most severe. Councilmember Masher would like to get this issue completed, however, what about the precedent problem for future developers? Explanation of the problem of paying app. $2,700 to fix a developer's error. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, MASNER, MERRILL, YZAGUIRRE, a quorum present. 3. PLEDGE OF ALLEGIANCE: H:\COUNCIL\MINUTES\1996\CCl12696.MIN 2 4. CONSENT AGENDA: A. Minutes of November 12, 1996 B. Claims Against the City The Mayor introduced the consent agenda. Masner: Moves to approve the consent agenda, seconded by Yzaguirre. Merrill would like to pull the claims against the city until reviewed by the Council. Masner moves to approve the minutes, seconded by Yzaguirre, ALL AYE, MOTION CARRIES... Masner moves to go into Executive Session to discuss the Kestral Cove issue and potential litigation of another item on the agenda, seconded by Yzaguirre. ROLL CALL VOTE: Bastian, AYE; Yzaguirre, AYE; Masner, AYE; Merrill, AYE. Roll call vote shows ALL AYE, Council moves into executive session, the room is cleared. Council discussed the Kestral Cove case and potential solutions, along with litigation. Back on the record 8:25 p.m., Yzaguirre moves to go out of executive session, seconded by Merrill, ALL AYE, MOTION CARRIES... Masner moves to add item 5D, the Kestral Cove Issue, to the regular agenda, seconded by Bastian. ALL AYE, MOTION CARRIES... 5. UNFINISHED BUSINESS: A. ACHD Road Plan -- Councilman Merrill has asked the Council to continue discussion of the cost and design of the Eagle Road improvement. At the November 11, 1996, regular meeting, an expenditure in the amount of $49,555 was approved for this improvement. H:\COUNCIL\MINUTES\1996\CCl12696.MIN 3 Mayor introduces the issue. Councilmember Merrill discussed the issues of this project, and ask advice and consent of Council. First, with the definite reduction of traffic on State Street, She recommends a new traffic study on Eagle between State Street and the bypass (this was ITD's duty, now ACHD's). Next, on the committee is a member of the City of Boise tree department who noted that three foot planting strips are not large enough for trees, recommends minimum five feet. Bike lanes are not necessary on all the roads. On the design, the road may be shifted to the east, perhaps to avoid killing trees. Next, the Mayor will write a letter on the issue of a truck route out of the City and a lower speed limit. ITD required a 30' right of way for arterial routes on State Street, or can it be designed as an urban collector? Recommends having a workshop with Council to discuss these issues in depth. General discussion of the previous motion approving the funding along with the time constraints involved. A special workshop was mentioned as preferred. Mayor could call a special meeting, upon Councilmember Masner arranging with ACHD's schedule. Councilmember Bastian discussed the potential pitfalls of redesign and potential cost and time increases, possibly eliminating the window of opportunity for the fund utilization with ACHD. Councilmember Merrill suggested dividing the issue into more manageable portions. General discussion from the Council with suggestions arranging the meeting for next Tuesday with ACHD and the City Engineer, in addition to having a tree expert. Yzaguirre moves to schedule a special meeting next Tuesday at 6:30 p.m. to discuss this issue, seconded by Bastian. ALL AYE, MOTION CARRIES .... B. Council Resolution # 6-95 - The City Clerk has requested the City Council to discuss and clarify the policy for communications within and by the city set forth under Resolution # 6-95. The City Clerk introduced a variety of items that lead to this discussion. First, is a reasonable effort to comply satisfactory? Currently, staff has be unable to contact some Council members on occasions. Next, is the Zoning Administrator included in the scope H:\COUNCIL\MINUTES\1996\CCl12696.MIN 4 of this resolution? It this a 24-hour or 48-hour response? Finally, the City Clerk informed the Council of the impact on the costs of essentially replicating all City Hall files a total of five times. Councilmember Masner provided a history of the issue, to improve communications between staff, the Mayor, and the Council. This issue was in the form of a resolution prior to Mayor Bower's tenure. (SEE ATTACHMENT A, submitted by Councilmember Masner). Notes that the conversion of the resolution to an ordinance may solve some of the issues presented. Masner: Moves to provide this text to the City Attorney to study this issue, and to ask for an Attorney General's Opinion on this matter, seconded by Merrill. Councilmember Bastian discussed the problem of "all correspondence" to include all communications. Would rather see all correspondence that deals with public issues, City Policy, or potential for policy, otherwise, this is a very broad issue. Councilmember Merrill discussed the issues generated or received by all city officials and officers. General discussion of the issue, submission to the City Attorney may further define the issue through clarification of the language. Councilmember Bastian would like to have the City Attorney to review the word "all" and perhaps find a better solution to deal with the improvement of communications with the City and City Council. Masner wishes to amend the motion to read, that this proposed ordinance be reviewed by the City Attorney to A) seek to modify the verbiage in part one, "all correspondence" to reflect the practical need for communications and for items that help inform council on public issues, and B) to prepare this issue for final council approval prior to seeking and Attorney General opinion, and C) to clarify the setting of meetings, and D) to clarify the types of information necessary for distribution, (e.g., City Attorney correspondence unrelated to the City of Eagle). Seconded by Bastian. H:\COUNCIL\MINUTES\1996\CCl12696.MIN 5 Councilmember Merrill wishes an amendment on the fourth line, to include disbursement to Mayor and Council, not just Council. Masner amends the motion, then withdraws the original motion. Masner: Moves to use the draft attachment A as a starting point, and that each Councilmember provide comments to the City Attorney, and that the City Attorney gather the information and return to Council for possible language, tonight. Seconded by Merrill Councilmember Yzagulrre noted that staff is doing a good job now, and recommends that this issue come back at a later time, perhaps the next regular meeting. Masner: Withdrawn motion with concurrence from the second. Yzaguirre: Moves to continue this issue (in attachment A) to the next regular meeting of the City Council in the form of a draft ordinance by the City Attorney, seconded by Bastian. General discussion ensued. ALL AYE, MOTION CARRIES .... City Attorney provided clarification of items to be addressed, substantive or redraft along same scope. Continued discussion of the issues. Yzaguirre: Intended to meet the open meeting law. Moves to reconsider motion, seconded by Bastian. ALL AYE, MOTION CARRIES .... Yzaguirre: Moves to discuss this issue at the next regular scheduled meeting, without the City Attorney drafting language, seconded by Bastian. General discussion of issues and procedure. ALL AYE, MOTION CARRIES... C. United Water Issue -- Councilmembers Merrill and Masher have asked the City Council to consider a recommendation to the PUC to allow United Water to operate within the designated areas of the City of Eagle Water System. Mayor introduces issue. Masner: Opened with discussion of current correspondence of Lexington Hills, Echo H:\COUNCIL\MINUTES\1996\CCl12696.MIN 6 Creek and various developers on the capacity of the City of Eagle Water System. Discussion of the history of the project. Recommends asking the City Attorney to draft a letter outlining the intention of allowing United Water to connect to this system. Merrill: Discussion of correspondence from Eagle Water company, just across the street, to make certain that the citizens are covered for water pressure and service, and that the impacted water companies are treated fairly. General discussion of these issues. City Engineer is asked to recommend which alternative is better for the City of Eagle. Veto Brewer came forward to present testimony regarding the history and options of this project. City of Eagle system is adequate for current residents, but not for additional buildings. Issues to consider include, adequacy for meeting future demand, proximity, however, currently unable to provide a factual answer on the choice of water systems. Bastian provided some discussion of the time and money issues of each water system, simply a matter of choice. Options provided to look at financial standing, customer satisfaction, etc.. PUC opted to allow each system to operate in different parts of the city. Additional discussion of the history and comparison of the two water systems. Masner: Moves to instruct the City Attorney to prepare a letter for the Mayor's signature, to allow United Water to connect to the Lexington Hills water system as soon as possible. Seconded by Yzaguirre. Discussion by Yzaguirre, previously the Council decided to sell the water company. Rather, take a look at an offer from both systems. Masner added that the Council embraces the idea of selling the water company, but the price of the company is established by the PUC. The City may end up with less than the $150,000 offered as a connection fee by United Water. Councilmember Merrill noted this issue may have to go to vote first or solicitation of bids. Yzaguirre continued that in the best interest of the City and both parties, to allow each the opportunity to bid on this issue. The City Attorney clarified the discussion and provided options. Bastian goes on record to state that the Council may be premature in this issue since neither company is currently before the PUC. Call for question, ALL NAY, MOTION FAILS .... H:\COUNCIL\MINUTES\1996\CCl12696.MIN 7 Discussion of the possibility of a workshop involving Eagle Water and United Water to discuss a sale of the water system in February. Discussion by City Attorney to provide draft language circulated to the Council. Bastian: Recommends calling a special meeting for December 10, beginning the meeting at 5:30 p.m. until 6:30 p.m., continuing on to the regularly scheduled meeting with Eagle Water and United Water. D. Kestral Cove Drainage Issue. Mayor introduced the issue, briefly summarizing the events of the previous executive session. Bastian moves to recommend the City Engineer with regard to the Kestral Cove subdivision to resolve the drainage issue, and authorize the expenditure of $1,700 for that purpose, and to take preliminary steps necessary to charge this back to Briggs Engineering, seconded by Merrill. ALL AYE, MOTION CARRIES .... 6. PUBLIC HEARINGS: (No one appeared for comment) A. Annexation with Rezone and Development Agreement (A-1-96/RZ-2-96) Continued from the November 11, 1996, regular meeting, Ed Hendershot is requesting approval of an annexation with a rezone (with a Development Agreement) from Ada County's RT (Rural Transitional) zone to Eagle City's AR (Agricultural- Residential) zone. The 26.82 acre site is located on the south side of the north channel of the Boise River approximately 1/3 mile east of Eagle Road (State Highway 44). The site abuts the east property line of the Island Woods Subdivision. Mayor introduces the issue, introduces the City Attorney who will present the issue. City Attorney summarized the issue, P&Z approved this issue contingent upon another development, recommends heating from the applicant. Mayor asked for any ex parte contact by the Council, none; continued by asking for any potential or actual conflict of interest, none; then continued by asking for a presentation by the applicant. Kathy Nahas, a real estate agent, representing the applicant came forward, however, no formal presentation was prepared. H:\COUNCIL\MINUTES\1996\CCl12696.MIN 8 City Attorney recommends continuing this issue for purposes of allowing the applicant to appear. Masner: Moves to continue this issue to the next regular meeting, seconded by Yzaguirre. Bastian: Discussion of an ex parte contact issue with the applicant and that the applicant's real estate agent would appear and that he would like to see action taken on this issue. Merrill: Further discussion, wishes to move forward. Bastian: Encourages the Council to vote and take action this evening, asking any questions of the applicant's agent. Masner: Withdraws motion, second concurs. Bastian asked general questions regarding the staff recommendation on the rezoning question. Masner noted some confusion on the possible sale as one unit, not two. City Attorney clarified the issues and history. Masner continued with additional questions on the floodway, floodplain, or both. Mayor noted some additional concerns and the development agreement limited to two buildable lots. Bastian suggests an amendment to "no more than two lots" rather than recommending two lots. Masner noted the problems of the sewer district, however, Mr. Hendershot would prefer hooking up to sewer, as a recommendation. General discussion of other possible conditions, such as noted in the Central District Health Department letter. Mayor opens the public hearing, no one came forward. A short letter was entered into the record from Jeffery and Gertrudea Beevee (sp?), homeowners near the area addressing a greenbelt access. Mayor officially closes the public hearing. General discussion of the pathway plan. General discussion by Councilmember Yzaguirre and the City Attorney on procedure and the development agreement concerning the public easement for a greenbelt, then construction of the pathway. Councilmembers Merrill and H:\COUNCIL\MINUTES\1996\CCl12696.MIN 9 Yzaguirre discussed possible language for the easement and construction of a ten-foot wide graded and graveled path. Bastian suggests that 3.2.9 language be changed after words "City Council" to strike remainder of the sentence and add that in the event of approval of a lot split for the parcel, or a building permit issued, that the Council review the pathways issue. General discussion of the issue by Council, City Attorney, and the members of the audience. Bastian: 3.2.9 after first sentence, a new sentence, "A ten foot paved pathway shall be built." Discussion of possible conflicting language. City Attorney advised the Council as to possible nexus issues imposing costs on this applicant. General discussion by Council. Bastian moves to accept the proposed development agreement with the following changes: that Section 3.2.1 be amended to modify the text "no more than two lots", and on Section 3.2.9, "to be provided, a ten foot pathway shall be constructed." third line, "prior to approval" stricken" prior to issuance of a building permit or approval of a lot split, come before council for approval." Seconded by Merrill. Masner moves to add an amendment to the motion. "To require the residences shall be connected to central sewer upon availability" in Section 3.2.10, seconded by Merrill, ALL AYE, MOTION CARRIES .... Merrill moves to accept the annexation and rezone with the recommendations of P&Z and the Zoning Administrator with the exception of recommendation #3, the City Engineer, and the standard conditions, and accept the development agreement as previously amended, seconded by Yzaguirre. General discussion and clarification of the motion. ALL AYE, MOTION CARRIES .... B. Preliminary Plat and Rezone for Lakeland Estates Subdivision (PP-2-96/RZ-3-96) - Continued from the November 11, 1996, regular meeting, Ron Bath representing SDR Development, LLC., is requesting City approval of a 49 lot residential subdivision (Lakeland Estates) on 23.1 acres, with a rezone from A (Agricultural) to R-4 (Residential-four dwelling units per acre maximum). South of State Street, adjacent to the east boundary of the Monroe property, west of existing Highway 55 extended. Mayor introduces the issue. City Attomey with respect to the rezone be approved if the water and sewer issues can be approved. Asks for any Ex Parte Contact? None, Potential or actual conflict of interest? None. General discussion of the planning and zoning vote and the school issue. Introduced the applicant. Ron Bath came forward representing STR development, a shareholder in the corporation. General history and presentation of the issue. The school district should be the Boise School district, according to his understanding. Bastian noted the 17 conditions of approval, applicant concurs with these conditions, along with 31 standard conditions. Masner discussed the issue of the gravel extraction. Three purposes, within the development for roads, and as a lake, and as a portion of the new realignment of highway 55. Discussion of additional issues and asked for assurances of the development and of the drop offs of the lake water. General discussion of the depth of the lakes. Yzaguirre noted a lack of an environmental impact assessment. General discussion of the issue and clarification provided by the City Attorney. Discussion of the Environmental Impact Statements and Floodplain discussion through FEMA. Additional discussion on the sewer system issues, applicant noted a willingness to attach to Garden City sewer. Discussion of the Farmer's Union canal issue, possibly rerouting the canal. Drainage issues of nutrients into the lakes. Pressurized irrigation was also discussed. Mayor asked for public comment, none came forward. General discussion by the Council concerning various issues, and the grassy swale issue. Mayor formally closes the oral testimony portion of the public hearing. General discussion and questions among Council, Mayor, and staff concerning both the preliminary plat and the rezone issues. Councilmember Masner noted his concern with the sewer and water issues, along with the zoning issues, recommends continuing the issue. Moves to continue the issue to the next regularly scheduled meeting recommended by the Zoning Administrator, seconded by Yzaguirre. Discussion of the issue noted a number of requirements that may be obtained from a thorough discussion with the Zoning Administrator. ALL AYE, MOTION CARRIES .... C. Conditional Use (CU-9-96) - Ron Bath representing SDR Development, LLC., is requesting City approval of a Conditional Use Permit for a temporary gravel extraction operation for the construction of a lake within the proposed Lakeland Estates Subdivision. The 23.1-acre site is located approximately 1,000 feet south of State Street, adjacent to the east boundary of the Monroc property. Mayor introduced the issue, City Attorney noted a mistake in the legal publication schedule by the Eagle Express. Recommends the issue to be continued to the December 10 meeting of the City Council, unless anyone wishes to comment on the issue. Mayor noted no one wishing to comment. Masner Moves to continue this issue based on a recommendation from the Zoning Administrator for a future meeting of the City Council. Seconded by Yzaguirre. Discussion of the general issues, Masner withdraws the motion. Masner moves to continue this issue until the December 10 meeting of the City Council, Seconded by Yzaguirre, ALL AYE, MOTION CARRIES .... 7. NEW BUSINESS: A. Echo Hawk Estates Preliminary Plat Extension of Time - Mike Kauffman with the BJ Land Company is requesting a one year extension of time for the Echo Hawk Estates Preliminary Plat. The 35-acre development included 100 single family building lots and 4 common lots and is located on the southwest comer of Floating Feather Road and the new alignment of Highway 55. Bastian moves to approve the extension of time for one year, seconded by Yzaguirre. Discussion by Council and the City Attorney on the issue. Richard Pavelek, represents a consulting firm representing Mr. Kaufman. Discussed the events leading to the missed deadlines and related special circumstances. Bastian amends the motion to include two special conditions to cause the extension of time, first was the sewer moratorium which lead to the uncertainty, and second was the changes that occurred with City Staff which lead to confusion, for these reasons to extend the time for one year, and third that this was only 27 days before the deadline. Second concurred. City Attorney noted to another possible liability for the indemnification with respect to the granting of the extension of time, requiring the developer to sign. Bastian calls for the question on the amended motion. On the amendment to the motion, ALL AYE, MOTION CARRIES .... Bastian moves to include an additional amendment to the motion on the indemnification document, holding the City harmless beyond the extension of time. Seconded by Yzaguirre. ALL AYE, MOTION CARRIES ..... Call for question to approve the extension of time issue, as amended in the previous motions, ALL AYE, MOTION CARRIES .... Masner moves to continue the remainder of the agenda to the next meeting, seconded by Yzaguirre. Discussion: Need to approve the claims against the city, and possibly items 7 G and 7 H. General discussion of the Composition and authority of the Design Review Board. Masner withdraws the motion, concurred by second. Bastian moves to pay the claims against the city, seconded by Merrill. ALL AYE, MOTION CARRIES .... Masner moves to approve item 7H and item 7G, seconded by Merrill. Discussion of the issues, to includes the network upgrade. ALL AYE, MOTION CARRIES... Masner moves to continue items 7B, 7C, 7D, 7E & 7F to the next regular meeting, seconded by Merrill, ALL AYE, MOTION CARRIES... 8. ADJOURNMENT: ADJOURNMENT: Yzaguirre moves to adjourn, seconded Bastian, ALL AYE, MOTION CARRIES .... Having no further business the Council meeting adjourned at 12:30 p.m. Respectfully submitted: D. KOREY LOWDER EAGLE CITY CLERK/TREASURER APP~