Minutes - 1996 - City Council - 12/19/1996 - RegularEAGLE CITY COUNCIL MEETING
Minutes
December 19, 1996
PRE-COUNCIL: 6:30 p.m. - 7:30 p.m.
1. Mayor and Council Report
Mayor requested to move the Sheriffs Report first, Lt. Dale Woodcook came
forward for the Ada County Sheriff Report. Provided a report summarizing the
computer reports provided as Exhibit A. Extended an invitation to Council and
the Mayor to attend, on Monday, January 6 -- 18, 1997, a computer simulation for
live-firing. Discussion of the status of the "drug house" and the recent shooting
outside of the city limits which also involved a drug incident.
Mayor introduced a report by David Eberle Consulting on prepared Future Cash
Flow Report. Dr. David Eberle came forward and provided information
concerning the report and algorithm created to forecast revenues. Suburban
community, mostly white, fairly affluent homes, most work and travel to Boise,
etc. Property Taxes, business permits, and revenue sharing provide the majority
of revenues (90%). Key for future will be to diversify the infrastructure and various
taxing districts. Most accurate period of the forecast is from 1 -- 5 years, anything
beyond becomes unreliable (using a 95% confidence factor). Heavy reliance on
the growth-related revenue soumes was described as risky. The change of
assumptions may cause dramatic impacts on future growth. Time series
analyses was provided as opposed to a more causal approach within the
algorithm. Mayor 3rovided additional information regarding the various
projections. The lower range is considered reasonable and prudent to base
future projections upon. Bastian provided general discussion summarizing the
model, with the City Council establishing the assumptions and the City Clerk
providing the inputs (in this model, one number) and the generation of the
algorithm. Masner discussed the possible assumptions necessary in a forecast.
General discussion of the concepts and practices of revenue projection with the
possible increases due to changes in annexation or other variable.
Bastian: No report, the Library Board requested a continuance of their item on the
agenda to the next meeting.
Yzaguirre: no report
Masner: Discussed general items from the Sewer Board including the new
effluent basins.
Merrill: no report.
2. City Clerk/Treasurer Report: Hand out of two reports. First, a computer-
related report denoting costs and structure (LAN, See Staff Report Network.wpd).
The next is a financial report that summarizes the flnancials for the month (See
Staff Report FIN_1296.wpd). Mayor asks to continue this issue to the next
meeting. Also, Casa Mexico was noted for inclusion later on the agenda for Beer
and Wine Licenses.
3. Zoning Administrator Report: Brief report of the last Planning and
Zoning Commission. ACHD has discovered an amount of money available for
purchasing a parcel of property on Ballentyne Road (Floating Feather and
Beacon Light) for a possible future park (discussion of drawing Exhibit B).
4. Engineer Report: Status Report on Kestral Cove Drainage Issue provided
by Anthony from Holliday Engineering, Vern Brewer is excused. General
discussion of the issue, from design to finalization. Time tables discussed
concerning the contract and the possible bonding of the project by the developer.
Status Report on Annexation Project provided, with the biggest concern as the
legal description of the overall annexation. Difficulty noted in establishing the area
of impact for the City. Section maps requested from the County should provide
adequate information for establishing the boundaries, including the excluded
portions. General discussion by the Council. Merrill discussed the need to direct
the Zoning Administrator on a separate project regarding a new City Code
amendment. Discussion of the standard conditions supported by Council for use
H:\COUNCIL\MINUTES\1996\CC121996.MIN 2
by the Zoning Administrator, possibly by bringing this issue to the Council in
ordinance form.
5. City Attorney Report:
Leasing v. Option to Buy, New City Hall -- Councilman Merrill has asked
the City Attorney to provide information for discussion by the Council regarding
the two options. Recommends continuing this issue to a future meeting when
theirs is more time, perhaps by bringing in Mike Moore from the firm to discuss
this issue, 30 minutes at the next pm-council may work. The deadline for the first
publication of the bond is tomorrow (12/20/96), noted that the City is perhaps a bit
premature in this area. Discussion of the sale of the municipal water system.
Asked to place the Merrill Park Deed (acceptance and authorization to accept the
deed of gift) first on the agenda tonight.
6. Sheriff's Monthly Report: Given previously.
COUNCIL: 8:15 p.m.
1. CALL TO ORDER:
2. ROLL CALL: BASTIAN, MASNER, MERRILL, YZAGUIRRE, quorum
present.
3. PLEDGE OF ALLEGIANCE:
Masner: Moves to add item 3A to the agenda, Merrill Park Land Gift. Seconded
by Yzaguirre. ALL AYE, MOTION CARRIES ....
Masner: Moves to add (move) items under New Business 7A, 7C, 7F, and 7G,
move to items 4G, 4H, 41, and 4J, on the consent agenda. Seconded by Merrill.
ALL AYE, MOTION CARRIES...
Masner: Moves to amend item 4D, to include "#17. Casa Mexico" to the Beer and
Wine License application. Seconded by Yzaguirre. ALL AYE, MOTION
H:\COUNCIL\MINUTES\1996\CC121996.MIN 3
CARRIES...
3A. Merrill Park Land Gift. Merrill announced a parcel to be given as a gift to
the city as a new park, subject to conditions noted in the deed. Discussion of a
possible future exchange for park land, and that the name of the park be Reid
Merrill, Sr. Park, and that former Mayor Guerber be placed in a role in the
development of the park. This would be given to the city as a Christmas Gift,
subject to the instructions within the deed.
Reid Merrill, Sr. came forward and presented a few comments and background
on the Merrill family. Discussed the history of the properties and the future of
park land for Eagle. General discussion of the park development. Presents this
gift to the Mayor and Council.
Mayor asks Council for a motion to accept the parcel as a gift and to execute the
deed.
Masner: Moves, with humility, gratitude, and many thanks, to accept Mr. and
Mrs. Merrill's gift and instruct the Mayor to sign the deed. Seconded by Yzaguirre.
ALL AYE, MOTION CARRIES ..... [Signing of the documents transpired]
Merrill asks the Council to consider moving forward on an attempt to trade the
property for property closer to Eagle. Yzaguirre asks to discuss this issue further
in Executive Session. General discussion of the issue.
Merrill asks to add two items to the agenda, for movement forward (continuance
to a future meeting). To put under Unfinished Business, new 5D "Resolution 6-
95" and 5E "Personnel Policy Manual". The intent is to add to the agenda to place
the items on a future agenda.
Merrill: Moves to place these two items (Resolution # 6-95 and Personnel Policy
Manual) on a special meeting agenda, with the intent of discussing the entire
personnel policy manual in an entire meeting, to a date specific, seconded by
H:\COUNCIL\MINUTES\1996\CC121996.MIN 4
Masner. Yzaguirre proposes to meet on the first Tuesday, January 7, 1997, to
discuss these two issues. Merrill amends motion to set special meeting for
January 7, 1997, at 6:30 p.m., seconded by Masher. ALL AYE, MOTION
CARRIES ....
General instruction given to the City Clerk to send all Phases of the Personnel
Manual to the Council by December 20, 1996.
A.
B.
C.
D.
CONSENT AGENDA:
Minutes of November 26, 1996
Minutes of December 3, 1996 (Workshop}
Claims Against the City
Beer/Wine License Renewals -- The City Clerk is requesting the City
Council to approve the renewal of the following BeerNVine/Liquor Licenses:
1. Albertson's 9. Eagle Beverage
2. The Bank Club 10. Circle K Store
3. Chicago Connection 11. Eagle Food Town
4. Eagle Hills Golf Course 12. China Palace Restaurant
5. Eagle Uni-MERC 13. Regal Eagle of Idaho, Inc.
6. Gloria's Restaurant
7.7-Mile Lounge
8. Justo's
14. Smoky Mountain Pizza
15. The White Orchid
16. Godfather's Pizza #13011
17. Casa Mexico
E. Findings of Fact for Annexation with Rezone and Development
Agreement (A-1-961RZ-2-96) - The Zoning Administrator is requesting City
Council approval of the Findings of Fact for an Annexation with Rezone and
Development Agreement (A-1-96/RZ-2-96), which was applied for by Ed
Hendershot with Hendershot Construction. 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.
F. Findinqs of Fact for Revised Preliminary Plat of Echo Creek
Subdivision #5, 6 & 7 (PP-3-96) - The Zoning Administrator is requesting City
Council approval of the Findings of Fact for the Revised Preliminary Plat of Echo
H:\COUNCIL\MINUTES\1996\CC121996.MIN 5
Creek Subdivision #5, 6 & 7 (PP-3-96). The site is located at the Northwest
corner of Floating Feather Road and the new alignment of Highway 55.
G. Covington Place Subdivision (Ada County Transmittal
96-34-PDR) - Harly Carson is requesting Ada County approval for an 11-1ot
planned residential development. The 39-acre site is located on the west side of
Park Lane approximately 1/4-mile north of Beacon Light Road.
H. Ada County Pet License Sales Agreement - The City Clerk is requesting
the City Council to approve an agreement with Ada County for the sale of county
pet licenses at City Hall.
I. New City Hall Telephone System - The City Clerk is requesting the City
Council approve the expenditure of approximately $6,500 for a new telephone
system to replace the current system, includes the previously approved costs of
running new lines and adding new phones to the existing system.
J. New City Hall Office Equipment - The City Clerk is requesting the City
Council to approve the expenditure of approximately $6,000 for office furniture
and equipment in coordination with the new City Hall Annex and reorganization.
This equipment is expected to come from local used or liquidated equipment
vendors.
Masner: Moves to approve consent agenda as amended, seconded by Merrill.
ALL AYE BY VOICE VOTE, MOTION CARRIES ....
5. UNFINISHED BUSINESS:
A. Zoning Ordinance Amendment -- Councilman Masner has requested for
reconsideration of a Zoning Ordinance Amendment to provide a section generally
stating that, "Any past action by the City, which may have resulted in an action
being taken which was not in accordance with a particular requirement of the
Eagle City Code, shall not constitute a precedent for future non-compliance with
the particular code." Masner discusses the issue noting a possible problem in a
position that due to unenforcement of a previous ordinance does not mean that
the ordinance has been weakened. City Attorney noted the issue to be moot as
the current rule of law states this.
B. Composition of the Design Review Board -- Councilman Merrill as
H:\COUNCIL\MINUTES\1996\CC121996.MIN 6
asked the City council to discuss the composition of the Design Review Board.
Mayor introduces the issue. City Attorney asks to discuss the issue tonight then
look at the issue in ordinance form later. Merrill noted that this is not a new issue,
has been before the council on numerous occasions. This form is only the result
of those discussions. Masner suggested discussion of the possible changes
tonight. City Attorney recommends discussing the elements of the document
tonight, make the changes, then either continue the issue or approve tonight.
Yzaguirre noted that the issue may not have be noticed appropriately. Mayor
noted that this issue before the Council is not in the proper form. Merrill noted
some previous mention of the suggested composition of members, cannot have
members appointed to a committee that has not yet been structured.
Mayor: Noted that the City has a current ordinance, wishes to poll the Council,
deal with this tonight by content of the ordinance, or by the ordinance? Vote as
follows:
Ordinance: Masner, Merrill
Content of Ordinance: Bastian, Yzaguirre.
Yzaguirre noted the limited amount of information available to make a decision
tonight. Bastian would like to consider specifically section 2-2-1, number of
members and make-up of the Board. General discussion of the Board's scope,
and possible amendments to the draft ordinance #284 before the Council tonight.
Mayor votes to deal with the content tonight. Bastian suggested striking the
liaison member from the membership. Suggested that the word "proper" be
stricken. Mayor suggests that the Council deal with the issue at a later date, to
avoid any potential problems of crisis decision-making. General discussion of the
issues. Consensus yields to continuing the issue to the next regular meeting.
City Attorney instructs the City Clerk that future agendas should note that items
on the agenda require adequate notice and enough description in the agenda for
public notice, regarding ordinances or proposed ordinances. General discussion
H:\COUNCIL\MINUTES\1996\CC121996.MIN 7
on the possibility of missing deadlines due to lack of a DR Board quorum. Mayor
reiterated that he has the authority under the current law to fill appointments.
Bastian suggests that Council Member Merrill make a proposed list of potential
appointees to the new Design Review Board for presentation before the Mayor, in
conformance, generally, with the concepts implied in the proposed ordinance
amendments. Mayor noted that a list has been presented and will bring some
recommendations to the next regular Council meeting.
C. Committee Appointment Authority. The City Council at the October 22,
1996, meeting asked the City Attorney to prepare a legal opinion, and asked this
issue be continued for discussion at the next regular meeting.
Mayor introduced the issue, notice given to all present that if the information is
not available on 5:00 p.m. the Tuesday preceding the Council meeting, then the
item will be dropped from the agenda. Wishes the item to be continued to the
next meeting since the information was not available to the Council. Merrill noted
that the issue of Resolution 6-95 is to be discussed at the January 7 meeting.
Bastian: Moves to continue the issue of Committee Appointment Authority to the
next regular City Council meeting on January 14, 1996, and that all the
documents relevant to this issue be presented prior to that time for adequate
review by the Council. Seconded by Yzaguirre. General discussion of the issues
and if adequate public notice is provided. ALL AYE, MOTION CARRIES ....
Items 5D and 5E were introduced by the Mayor and explained that these two
issues have been dealt with through a continuance to a special meeting to be
held on January 7, 1997
6. PUBLIC HEARINGS:
A. 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.
Zoning Administrator noted that the issue was continued indefinitely on the
November 26 regular meeting. The applicant asked to continue this issue to
January 14.
Bastian: Moves that the Conditional Use Permit #CU-9-96 be continued to the
January 14, 1996, regular meeting. Seconded by Yzaguirre. ALL AYE, MOTION
CARRIES .....
B. Zoning Ordinance Amendment (ZOA-4-96) - A Zoning Ordinance
Amendment is being proposed to place the "Building Design Objectives" back into
the Eagle City Code. Those criteria were inadvertently removed from the Eagle
City Code upon adoption of the Design Review Ordinance #276, approved by the
City Council on September 3, 1996.
General introduction of the issue by the Zoning Administrator, Planning and
Zoning discussed the issue, and voted (Mayer, Brinton, Maile) in favor, and
(Farnworth and Bradley) in opposition, more in favor of metal siding that not.
General discussion by the Mayor and Council concerning the land use matter and
the change in the ordinance. Before the Council is a recommendation to change
the ordinance, a moratorium is currently in place, ending on January 2, 1996.
Mayor: Open up the public testimony portion of the meeting, see the sign-in sheet
for the issue. General instructions provided to the audience.
Jim McCauley, 2611 W. State Street, Eagle, business address 1345 E. State,
Container and Packaging, owner of a metal-sided building, came forward and
presented comment. Discussed general concern of the language and
recommendations before the Council. Notes his opposition to the restrictiveness
of the ordinance. Noted the cost comparisons of the various construction
materials from construction and maintenance perspectives. Fears for the health of
the community and his business. Described the impact of this ordinance, using
the Merrill Egg Farm as an analogy to the limitation on creation of new business.
H:\COUNCIL\MINUTES\1996\CC121996.MIN 9
Voiced a fear that his present metal building would be valued at zero. General
discussion of the principle of regulatory taking.
City Attorney clarified the non-conforming grand fathered use of the building, not
a regulatory taking per se. General discussion by the Council and staff regarding
the law. Nonconforming use buildings that require add-ons require the entire
structure brought up to standard. Zoning Administrator noted his opinion on the
enforcement authority of the Code. Continued discussion by the Council
regarding the setting of precedence and waivers. City Attorney provided
clarification of the conditions for variance and waivers of the Code.
Bill Ditz, 673 W. Forden Drive, Eagle, came forward representing the economic
development Chairman for the Eagle Chamber of Commerce. Has a number of
prepared remarks, but would like to summarize. Three words... Proactive ,
Compromise, and Balance. Trying to build consensus. Proactive does not mean
eliminate metal buildings. Noted several amendments to the 2nd paragraph.
Concealed metal fastening system, Silicone/Polyester finish or equivalent, the
general sense that these two changes will increase the quality of the building.
Possible to have a metal building that will not ruin the future. {See attachment
written testimony and brochure). Continued general discussion of the basic
issues presented, including the limited availability of industrial zones. Wishes to
allow metal buildings in all locations.
Rick Musick, 4526 Old Valley Road (Home), 1445 State Street (Business),
Musick and Son's Auctioneers. Seconds all that McCauley and Ditz have said.
Believes that some selective enfomement of the businesses is occurring. Feels
that the restrictions are not needed. Discussion of the price differences and
additional restrictions placed upon businesses. Wishes the Council to
understand the costs of any added requirements, such as hidden fasteners, prior
to placing these into the ordinance. Ordinance does not specifically prohibit metal
sided buildings. Answer is no, moratorium does. General discussion of the new
Design Review Ordinance. Asks to keep the present ordinance to allow metal-
sided buildings. Suggests that if a person owns the property, that person should
be able to do whatever that person wants on that property. General discussion by
Council, staff and public concerning the issue, zoning requirements, and building
codes.
Doug Roundy, 1782 McGrath Road, came forward and presented comment,
relating his history in the City. Owned property since 1962, discussion of the
history of his property. Will impact dramatically his pocketbook going from metal
buildings to stucco. General comments on the description.
Steve Davis, 8507 Goddard Rd, Boise, works for Mr. Roundy as a general
contractor. Feels able to answer a number of the questions presented tonight due
to his expertise as a builder and general contractor. Discussion of the differences
in pricing and conformance to requirements, and general building specifications.
General comments on the aesthetics of buildings, willing to provide materials for
examples to the Council.
Ron Marshall, 3080 W. State, residence 740 Palmetto, Eagle. Discussion of the
intent of the original drafters of this ordinance and the history of the "turn-of-the-
century" appearance in the downtown area. Believes the current state of being is
beyond the original intent. Description of his current clients and building plans,
relating to the restrictions and the possibility of loosing his investment. Provided
suggested changes to the language, intended to simplify the text. Supports the
concerns of the previous commentors. Believes there are too many restrictions.
Gary Blaylock, 4611 N. Marlybone Place, Boise, represents Evans Building
Center. Recounted the history of the issue. Over 16 people in opposition to the
metal siding building, believes there is a place for these buildings in Eagle.
Revenue is generated by new businesses; recommends allow the metal
buildings. General discussion by the Council.
Arlee McCauley, 2611 W. State, recounted history of the city. Believes that
government is being too restrictive to businesses, allowing only the rich to
succeed. Noted excessive restrictions placed upon their new building and their
business. Noted that this type of ordinance excessively restricts businesses like
McCauley's.
Mayor closed the public testimony. 5 minute recess. Back on the record at 11:05
p.m.
Masher: Moves to accept the ordinance as proposed by the Planning and Zoning
commission, with the following amendments, Section 1E2 "Materials Permitted"
take out the word "and" before concrete, and a comma, and add the words "...and
metal." Also, Section E5, change the paragraph, change the wording to read "...In
remaining area of the City, metal siding shall be anodized, and shall have a
concealed fastener system." And in the same paragraph, add after the words
colored metals, "...Metal siding shall have a silicone polyester coating or
equivalent finish." Seconded by Yzaguirre. General discussion of the issue. Mike
Vance provided a letter commenting on the issue, using a siding other than metal
or those mentioned on the front of the building. Discussion of increasing the
landscape requirement for metal buildings, anything other than residential, 10%
requirement. Yzaguirre wishes to increase the percentage to appear better.
Yzaguirre: Moves to amend the previous motion to increase the percentage of
landscaping to 15% for metal buildings, seconded by Merrill. General discussion
to include this additional landscaping on the side facing the arterial, collector, or
other roadway. Bastian is concerned with 15% as a number in increasing the
landscaping in a light industrial zone, not in favor of this, rather keep the
ordinance at 10%. Merrill noted that the additional landscaping would diminish
the parking, thinks that 10% is sufficient. General discussion by Bastian
concerning the esthetics of metal buildings.
Call for the question on amendment to increase to 15%, AYE, Yzaguirre, NAY,
Masner, Bastian, Merrill. MOTION FAILS ....
Bastian provided discussion on the original motion. Discussion of his opinion on
the esthetics of most metal buildings, noted some architectural improvements,
currently in a quandary. Continued discussion of preferences. Merrill provided an
item of discussion on Section E5, Metal Siding Prohibited, does not feel the
Council should be restricted by Planning and Zoning Commission
recommendations.
Merrill: Moves to eliminate after Ordinance #276 all language "...as approved by
the Eagle City Council on September 3, 1996.', seconded by Bastian. General
discussion on the motion. ALL AYE, MOTION CARRIES .....
Clarification by the City Attorney of the amendments with the intent that metal
siding shall be prohibited in the DDA, TDA, and CDA districts. To eliminate
confusion, paragraph 5 should begin, "Not withstanding Section 8-2A-6AE6(3)..."
otherwise it suggests that waiver language exists. General discussion by the
council on the restrictions of the Design Review Committee and the language of
the proposed amendment to the motion, general discussion of amendment
language.
Merrill: Moves to amend original motion to include taking Item E5, 2nd paragraph,
eliminate the words "In remaining area of the City." Starting with the words "Metal
siding shall be anodized, and a concealed fastener system, and shall include
special design treatments to enhance its appearance. These treatments may
include brick or masonry, Waynes coat treatments along exterior walls, and
accent color metal and metal siding shall have a silicone polyester finish or
equivalent." to be placed under Item #E2, right after the word "metal". Seconded
by Bastian. ALL AYE, MOTION CARRIES ....
Bastian: Moves amend motion to strike E4, renumbering E5 to be E4, seconded
by Yzaguirre. Masher discussion of the issue. ALL AYE, MOTION CARRIES ....
Mayor: Clarification of renumbering issue as item 4, metal siding shall be
prohibited. "Notwithstanding section 6-2A-6A6E3..." is the section just previous to
the one in question. All language is new in renumbered item 4. Moved by
Bastian, seconded by Merrill. ALL AYE, MOTION CARRIES ....
General discussion by Merrill expressing a concern on the structure of the metal
buildings, suggests under item F, concerning the roofing being fiat, gables, other?
General discussion by Bastian and Merrill. Yzaguirre provided comment with
regard to the metal buildings, noting his biggest regret is that little landscaping
was required, feeling that the City was compromised, and feels we need more
landscaping. Bastian provided general discussion on the qualitative issue.
Agrees that additional landscaping is needed, but unsure on how much. General
discussion by staff and Council.
Yzaguirre: Calls for the question on the original motion as amended. ALL AYE,
MOTION CARRIES .....
Yzaguirre: Moves that pursuant to Section 50-902, Idaho Code, that the rule
requiring ordinances to be read on three different days, one reading to be in full,
be dispensed with and that Ordinance #283 be considered after being read by
Title only, Seconded by Bastian. Reading of title:
Ordinance of the City of Eagle, Ada County Idaho, enacting new paragraph C, F,
and G, to the 8-2A-6(A)(6), seconded by Bastian. General discussion. ALL AYE,
MOTION CARRIES ......
Yzaguirre: Moves that Ordinance #283 be adopted, seconded by Bastian. No
discussion, ALL AYE, MOTION CARRIES .....
7. NEW BUSINESS:
A. Covington Place Subdivision (Ada County Transmittal
96-34-PDR) - Harly Carson is requesting Ada County approval for an 11-1ot
planned residential development. The 39-acre site is located on the west side of
Park Lane approximately 1/4-mile north of Beacon Light Road. Moved to
Consent Agenda.
B. Rezone with Development Agreement (Boise City Transmittal
RZ-16-96) - Boise City is requesting that the City of Eagle comment on a
proposed rezone from L-OD (Limited Office with a Design Review Overlay) to
C-2D (General Commercial) or other appropriate zone. The site is located on the
southwest corner of Chinden Boulevard and Eagle Road. Mayor introduced the
issue.
Bastian: Moves to accept the report of staff without comment. Seconded by
Merrill. Discussion by Merrill, wishes to make mention that the Council agrees
with the City of Boise's Planning and Zoning in recommending a denial, and that
we appreciate the opportunity to comment. ALL AYE, MOTION CARRIES .....
General discussion of the agenda.
Bastian: Moves to accept the Planning and Zoning Commission of the City of
Eagle's recommendation and the staff document in support of this
recommendation, as a recommendation to the City of Boise, Seconded by Merrill.
Discussion by Yzaguirre, intends to abstain to avoid the possibility of conflict of
interest. Masner also abstains, then withdraws. ALL AYE, Yzaguirre abstains,
MOTION CARRIES .... General discussion of the procedures for abstaining from
vote.
Mayor asks for a reconsideration of the minutes from the consent agenda from
November 26, 1996, Masner moves, Yzaguirre seconded.
Mayor noted changes, on Page 2, ACHD Committee was not to be addressed at
this time. Modify to "...at this time." rather than "...here." On Page 2, minor
correction on Item 6 "...however, ...." question mark after developers. On Page
10, third paragraph, 4th sentence, change to "The second concurs" not
seconded...add in the clarifications. Suggests that the Clerk research and report
back. On Page 11, 2nd paragraph, change to "swale". General corrections
followed from the Council. On Page 4, top of the page, corrected to reflect, "...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 through the City
and a lower speed limit." Next line, "That lTD required a 30 foot right of way for
arterial routes on State Street, do we need this?" "Can this be designed?"
Bastian: Feels this is a critical issue. Feels that there are too many details in the
minutes. Need to know the topic discussed, the general nature of the discussion.
Thinks the minutes should be reduced in detail to reduce attempts to change
detail. Yzaguirre agrees with this the limitation of the detail. City Attorney feels
that the current approach is good and in conformance with other Cities he deals
with. Merrill appreciates the format of the last few meeting's minutes, likes the
format and amount as they currently exist.
City Clerk instructed to make changes noted above and return to the next regular
Council meeting.
Mayor provided general discussion of the attachments to the Findings of Fact
and Conclusions of Law concerning Hendershot, the attachments appear to be
missing. Next, the FOF/COL for EchoCreek, 15 of 22, item 4F, the Mayor desires
the recollection from the Council on this issue. General discussion. Sentence
beginning with "Or...." General discussion by the Council on the document and
the abilities to amend the final documents. The Zoning Administrator provided
feedback on the additional condition. City Attorney provided additional information
and instruction on amendments to the Findings of Fact. Provides alternative
language for the paragraph, general discussion by Mayor, Council, and staff.
Start sentence with the word "Applicant" instead of "Or", the sentence to read
"Applicant shall coordinate the construct of a meandering sidewalk."
Mayor continued discussion on Item 17, a landscaping berm issue, perhaps
adding language to describe the tradeoff of the landscaping. Zoning
Administrator noted that only motions are included in the findings and
conclusions, discussion items are not included. Mayor is unclear on the
requirement. City Attorney provides additional clarifications, with an exact dollar
figure assigned to each lot, $1,000 per lot or a total of $40,000.
Merrill: Moves to reconsider the Findings of Fact and Conclusions of Law for
Gerhke, seconded by Masner. ALL AYE, MOTION CARRIES ....
Masner: Moves to continue the issue to the next regular meeting, seconded by
Yzaguirre. ALL AYE, MOTION CARRIES ....
C. Ada County Pet License Sales ARreement - The City Clerk is requesting
the City Council to approve an agreement with Ada County for the sale of county
pet licenses at City Hall. Moved to Consent Agenda.
D. Library Board Report on New Library Facilities - The Library Board will
report to the Mayor and City Council on their Board action and recommendations
regarding the development of a new Eagle Library. NOTE: Continued to next
regular meeting.
E. Limitin.q thru Truck Traffic to the Bypass - City Council during the
December 3, 1996, workshop asked to place this item on the agenda for general
discussion.
Masner: Moves that the Council instruct Mayor Bower to prepare a letter to ACHD
to limit through-truck traffic to the bypass (except for local deliveries), seconded
by Merrill. Discussion identified by axle and weight, the intent of this motion is to
precipitate future discussion and action. Ron Marshall, from the audience,
provided general comments on the over-restrictiveness of the City. Mayor and Mr.
Marshall engage in discussion on the truck issue. Call for the question, ALL AYE,
MOTION CARRIES...
F. New City Hall Telephone System - The City Clerk is requesting the City
Council approve the expenditure of approximately $6,500 for a new telephone
system to replace the current system, includes the previously approved costs of
running new lines and adding new phones to the existing system. Moved to the
Consent Agenda.
G. New City Hall Office Equipment - The City Clerk is requesting the City
Council to approve the expenditure of approximately $6,000 for office furniture
and equipment in coordination with the new City Hall Annex and reorganization.
This equipment is expected to come from local used or liquidated equipment
vendors. Moved to the Consent Agenda.
8. ADJOURNMENT:
Yzaguirre: Moves to adjourn,
CARRIES ....
seconded by Merrill, ALL AYE, MOTION
Having no further business the Council meeting adjourned at 12:30 a.m.
D. KOREY LOWDER
EAGLE CITY CLERK/TREASURER
app~~
MAY~~ a. BOWER