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Minutes - 1997 - City Council - 02/11/1997 - RegularEAGLE CiTY COUNCIL MEETING Minutes February 11, 1997 PRECOUNClL: 6:30 p.m. - 7:30 p.m. I. Mayor and Council Report Bastian provided a report of the library board meeting. The focus of the discussion was trying to identify the kinds of surfaces used in a library, such as hard surface in the entry, carpet through out the building except where linoleum would be and the kinds of ceiling treatments. The Board is attempting to work out the possible costs of a library. Merrill provides a document that Morgan had prepared in working with the Ada County Assessor. Yzaguirre reported on the Pathway Committee meeting. Two priorities were set to be accomplished this year. #1- A walking bridge along the Eastern portion of Island Woods. An application for a Grant will be submitted and they hope to solicit some pricing on bridges. #2- Work with Regional Pathway Committee and acquire a continuous easement on the South side of the South Channel from Eagle Road to Lucky Peak. There are a couple of areas in the Impact Area that need to be confirmed. General Discussion. Masner reported on the Sewer Board meeting. Highlight of the meeting was a presentation from the Department of Environmental Quality. They outlined the permitting process they had laid out for the Eagle Sewer District. Sewer District is concerned about it because the terms impose very heavy fines if they fail to comply with the nitrates in the water. They have asked DEQ to give them some latitude and they have reason to believe DEQ is sympathetic towards that. Many of the neighbors still oppose this and they could delay this for six months to a year by asking for a review. Their legal fees will be paid by the State. Legal Counsel discusses this. Merrill discussed the approval of McDonald's by the Design Review Committee. We are ready to being meeting on the parks again. We are waiting for the Mayor for appointments. The committee has some good ideas on Grants. Discussed Eberle wanting to do consultation for the Parks. Discussion on Park Impact Fees and ordinances. A group of kids have asked for some school service projects. One group would like to do some planting in the Arboretum and would like to have it done by Eagle Days. Mayor discussed the issue of the Sewer permit. Personnel Manual is discussed. There are two things that still need to be done. #1- Items need to be reviewed by the City Attorney. #2-Job descriptions need to be reviewed by the Mayor, the City Clerk and the Zoning Administrator. These items will be completed in time for the City Council Meeting on the 25th of February, 1997. 2. City Clerk/Treasurer Report: - No report. 3. Zoning Administrator Report: Reported on a meeting he attended on Fair Housing. Planning and Zoning will be looking at McDonald's on February 18th and on February 6th the Design Review Committee acted on a design review for McDonald's and recommended approval with come conditions. Planning and Zoning will see this on February 18t~. Planning and Zoning discussed the TIP and they have a recommendation that will forwarded to you for the meeting on the 25th of February. 4. Engineer Report: No report but is open to questions and introduces Bill Johnson from his staff. Merrill brings up the matter of Kestrel Cove being discussed in Executive Session. Legal Counsel speaks to this matter. General discussion on Kestrel Cove. 5. City Attorney Report: Already discussed Kestrel Cove. No further report. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, MASNER, MERRILL, YZAGUIRRE, a quorum is present. 3. PLEDGE OF ALLEGIANCE: Masner: Moves to move Items 7C, 7D and 7F to the Consent Agenda as Items 4F, 4G and 4H, seconded by Yzaguirre. ALL AYE, MOTION CARRIES.. Masner: Item 7E under New Business I move that we move that item to Executive Session and add under that item two other items in Executive Session, the legal matter for the City Attorney to discuss and a personnel matter for Council to discuss, I ask that we do these under 67-23-45 Executive Session, Part B to consider the evaluation, dismissal or disciplining of or to hear complaints or charges brought against a public officer, employee, staff member or individual agent or public school student, seconded by Yzaguirre and Bastian. Discussion by Mayor. Masner: Item E- Lump Sum Payment of Comp-Time for the City Clerk/Treasurer is a personnel matter and the second item is a personnel matter and the third item is a legal matter. Discussion by Legal Counsel and the Mayor. ALL AYE, MOTION CARRIES ...... 4. CONSENT AGENDA: Masher: I move that we approve the Consent Agenda, seconded by Yzaguirre. Merrill: I move that we move Item E off of the Consent Agenda and place it under New Business under Item 7A-1. Legal Counsel asks that it be the first item to be dealt with prior to the Consent Agenda. Merrill: I move that we move Item 4E to 3A, seconded by Masner. ALL AYE, MOTION CARRIES .... Mayor: I would request that Items 4A and 4B be removed from the Consent Agenda for correction, so Moved by Yzaguirre, seconded by Masner. Mayor states that this item does not need a motion, just a request to move them. Mayor: We are now voting on the Consent Agenda, Item 4C and 4D and 7C, D and F. Legal Counsel states that the contract needs a roll call vote. Do I have a Motion for the approval of the Consent Agenda? So moved by Bastian, seconded by Masher. ROLL CALL VOTE. Bastian, AYE; Masner, AYE; Merrill, AYE; Yzaguirre, AYE. THE CONSENT AGENDA IS APPROVED. Mayor requests the Council for confirmation of Bookkeeper, Sharon K. Smith, as the Interim City Clerk/Treasurer, I make that appointment. Masner: I move that we accept the Mayor's appointment of Bookkeeper, Sharon K. Smith, to the Interim City ClerkFrreasurer position, seconded by Yzaguirre. Merrill would like a term certain as to how long that will last. I would like to propose a 30 day. Mayor suggests that it be reviewed in thirty days. Masner: I would amend my motion that we accept the Mayor's appointment of Sharon K. Smith as the Interim City Clerk/Treasurer for a thirty day period with a review of the matter on the closest City Council meeting, seconded by Merrill. ALL AYE, MOTION CARRIES... Mayor swears Sharon K. Smith in as Interim City ClerkFrreasurer. A. Minutes of January 24, 1997, Special Workshop. One correction noted. Mayor asked for Motion to accept the change to the January 24, 1997, Special Workshop minutes, so Moved by Masner, seconded by Merrill. ALL AYE, MOTION CARRIES... B. Minutes of January 28, 1997. One correction noted by Mayor, if there are no objections by Council I will do this by unanimous consent. If there is no objection to that correction of the minutes I will ask that the Clerk please change them, hearing none that correction is made. Bastian: I move that we approve the minutes of January 24, 1997, and the minutes of January 28, 1997, seconded by Bastian. ALL AYE, MOTION CARRIES... Masner: I believe we have some items in Public Hearing and New Business that are to be continued, we might elect to make those announcements now. Zoning Administrator: Item 6A to be continued to February 25 City Council meeting, Item 6B to be continued to February 25=, Item 7B to be continued to February 25~ . Masher: I move that we continue Items 6A, 6B and 7B to February 25, 1997, seconded by Yzaguirre. ALL AYE, MOTION CARRIES... C. Claims Against the City D. Resolution #97-2 for Modifications to the Fee Schedule for Land Use Planning Actions: The Zoning Administrator is requesting City Council apprevat of a resolution for modifications to the fee schedule for land use planning actions. E. Appointment of Interim City Clerk/Treasurer: The Mayor is requesting the Council Confirmation of Bookkeeper, Sharon K. Smith, as the Interim City Clerk/Treasurer. 5. UNFINISHED BUSINESS: A. Eagle Road Improvement Plans (Alternate Route North to State Street): ACHD has presented the City with a colored drawing showing the City requested median within Eagle Road. At the January 28, 1997, City Council Meeting, the Council requested that this item be placed on a Council agenda for discussion and a final decision. Mayor introduced the issue. Zoning Administrator provides information and hands out information to the Mayor and Council. Colored drawing is displayed. Steve Spickelmeier, Plans & Surveys Manager, ACHD and Don Belts, Jensen Belts Associates - A revised plan is displayed and explanation all of the changes is provided, together with an explanation of the Eagle Road landscape improvements. General Questions from the Council to Mr. Spickelmeir and Mr. Belts. ACHD estimates the cost to be $800 a light. Belts presents the Council with a preliminary cost estimates: Landscaping $24,000, Lights $58,600. Total of $82,730. Figures at $2,100 a light. Yzaguirre comments that at a previous City Council meeting a preliminary budget was approved. Belts stated he thought that budget amount was $42,000. General discussion between Council and Mr. Belts and Mr. Spickelmeir concerning the lights and the estimated costs. Masner inquires what the difference in costs would be if the island was taken out. Spickelmeir thinks the cost savings would be $24,000 in the landscaping. Merrill would like clarification on the Landscape Agreement, item 2a. Does this mean the City would hire a contractor to install these or would they be put in at the time of the street improvements. Spickelmeir answered that they would install the landscaping as part of the project and the City would reimburse us for that cost. Mayor: Would Council like to hearing public testimony on this issue. Merrill moves that we hear public testimony, second by Bastian. ALL AYE EXCEPT YZAGUIRRE NAY, MOTION CARRIES .... Sign-up sheet is passed around to the public. Testimony is to be limited to 3 minutes. Rick: I would like to ask legal counsel's opinion on this. John states that from a legal standpoint isn't a matter that requires a public hearing so it is Councils' discretion whether they have any testimony. The action Council has chosen to take is okay. David Koga, 128 S. Eagle Rd., Eagle We have conflicts with this concerning safety factors and deliveries. We also feel with will impact the existing business and future businesses. Sandy Smith, Eagle Chevron, State & Eagle Rd., Eagle, What is the purpose of the median? I am concerned about U-turns. How much more footage would be needed to put the trees in the sidewalk? Spickelmeir: Was it done because of safety or traffic concerns? No, it was a request of City to improve the entrance to the City. We can not put trees in that 3-1/2' space, there is not sufficient space to grow this type of tree unless the strip was widened. B Belts: also states that there would be no space for trees. Bill Ditz, 673 W. Fordham Drive, Eagle, I would suggest to eliminate the islands for a budget issue and they are hard to maintain. They also restricts traffic. Ron Marshall, 380 W. State, Eagle, This is a erosion of private property rights. It restricts turns and causes a safety factor. There is a decrease in property values when you have restricted access. I understood this project would save all of the old trees. Spickelmeir and Belts: We did redesign it so we could save some of the old trees. Everything is done within the existing easements. The trees need to be looked at individually as to being saved. Arlene McCauley: Everything has already been said. General Discussion and questions from Council. Bastian is concerned about the width of the streets and the planting area. Masner concerns are as to the lighting and states that the lights need to be a part of a Development Agreement and feels it would be better to eliminate the median strip. Masner: I move that we instruct ACHD to stay within the budget we have given and remove the median strip the full length it is shown on the map and to position the lighting within the budget constraints they have, seconded by Yzaguirre. Discussion by Merrill as to the Agreement that needs to be signed. Council agrees to have two separate motions. ALL AYE: MOTION CARRIES ......... General Discussion on lights. Spickelmeir we will come back with a final documents. A draft will be done indicating the changes and will be submitted to the City Attorney and the Zoning Administrator. Mayor calls for a 5 min recess. 6. PUBLIC HEARINGS: A. CU-9-96 Lakeland Estates Gravel Extraction-Ron Bath: Continued to February 25, 1997, City Council meeting. B. Cu-8-96 Telecommunications Facility-Boise City Cellular: Continued to February 25, 1997, City Council Meeting. C. CU-10-96 Telecommunications Facility-Western PCS: Mayor introduced the issue. David Wiltsee, Western PCS 3184 Elder St., Boise, Explains the Company and this proposed project. Displays maps and pictures and describes the site. Bottom line is we told the Planning & Zoning that we could locate on either site. Planning & Zoning voted for the AT&T site and voted against this site to achieve a co-location. Zoning Administrator provides information on the Staff Report. Staff had recommended approval, the application meets all of the requirements for a CU permit. Discussion on the use and Ordinances. Planning and Zoning did review this item, you have their approved findings. Reads the decision of the Planning & Zoning Commission which is in the Findings. Merrill: I have had ex parte contact on this issue with Mr. Wiltsee. Mayor: Mr. Wiltsee came into my office and dropped off information for distribution to Council. Public Testimony Arlene McCauley, 2611 W. State, Eagle: Council needs to consider both companies co- locating before you decide on this site before you tonight. Planning & Zoning was trying to avoid multiple poles around the City. Carl Stearns, JUB 250 S. Beechwood Ave, Boise: Apologize for not posting that site. Engineers for AT&T will show you that the site doesn't work for them. They will have to find a different site than the Republic Storage site to suite their needs. Mayor closes the Public Hearing. Merrill: I have a questions for Legal Staff. Can we rule on two applications if they have not applied for together. Legal Counsel advises that you can't rule on both of them tonight since you don't have both before you tonight. You can continue to hear both concurrently Merrill is we to deny this application because of staff recommendation does this application fall under the moratorium? Legal Counsel advised that if the application was denied and they came back with a new application it would fall within the moratorium. It can also be interpreted that if you don't have something in your Zoning Code then rather than it being prohibited it is unregulated. Masner's concern is that there is time to consider this. If we grant one we have to grant the other ones who want to come in. I am in favor of co-location. I want to hear AT&T before we decide on this. The Zoning Administrator reads the Findings recommended for approval which is in Staff Report (6C, Page 5 of 9 under item U). General discussion and questions for Mr. Wiltsee. Yzaguirre states that the Council needs to hear both issues at the same time and recommends to continue the Public Hearing. Yzaguirre moves that we continue the Conditional Use Application, CU-10-96 - Telecommunications Facility - Western PCS to our next meeting at which time we can discuss the other application that was continued this evening which is Conditional Use Application 8-96, seconded by Bastian. Discussion. ALL AYE EXCEPT MERRILL NAY, MOTION CARRIES .... 7. NEW BUSINESS A. ReportJDiscussion-EM2 & City of Eagle Water System: Mayor introduced the issue. Kathy Schiflet, United Water/EM2, Reads a statement to the council. Time has been spent evaluating the City water system and important decision need to be made. Kathy requests a special City Council meeting. Time is of the essence and she proposes Wednesday, February 19th at 7:00. The City Council is in agreement with this date and time. City Council gives Kathy approval to meet with the City Engineers prior to this meeting. Mayor asked the City Engineer to make themselves available. B. Appeal-DR-16-96 Telecommunications Facility-Boise City Cellular. Continued to February 25, 1997 City Council meeting. C. Foxtail Final Plat-Impact Area-Don Carnahan: Moved to Consent Agenda. D. LS-1-97 Lot Split-Richard Ruth: Moved to Consent Agenda. Mayor: We have reached the end of the Agenda. After a brief recess Council will go into Executive Session. E. Lump Sum Payment of Comp Time for the City Clerk/Treasurer: Executive Session. F. City FY 96 Financial Audit Contract Approval: Moved to Consent Agenda. Back into session. Mayor: There are three items for executive session: Kestrel Cove and 2 personnel matters. I would appreciate a motion to go into Executive. Masner: So moved, seconded by Yzaguirre. ROLL CALL VOTE. Bastian, AYE; Yzaguirre, AYE; Masner, AYE; Merrill, AYE. ALL AYE, MOTION CARRIES .... Mayor: We are out of Executive Session. Kestrel Cove requires no change in Council action. Regarding the Request by Korey Lowder for lump sum payment Bastian: I make a motion that we make a lump sum payment to Korey Lowder in the amount of $5,000, seconded by Yzaguirre. Discussion. Bastian provides explanation for the $5,000 payment: $400 for vacation time, $3,000 for comp time and salary $1,600. ALL AYE, MOTION CARRIES .... Bastian: I move that we hold the Special City Council Meeting on Thursday, February 13, 1997, at 6:30 p.m. with a single agenda item of personnel and give public notice of that intent, Seconded by Yzaguirre. Discussion. ALL AYE, MOTION CARRIES ..... 8. ADJOURNMENT: Mayor: Do I have a motion to adjourn? So moved by Yzaguirre and seconded by Masner. ALL AYE, MOTION CARRIES .... Respectfully submitted: ~r~HAF~)N K. SMITH CITY CLERK APPROV(~ MAYOR~ BOWER