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Minutes - 1997 - City Council - 04/08/1997 - RegularEAGLE CITY COUNCIL MEETING MINUTES April 8, 1997 PRE-COUNCIL: 6:00 p.m. ~ 7:30 p.m. 1. Ada Planning Association Work Program Budget Update Erv Olsen, Ada Planning Association. Gives a handout to Council and provides information about the Association and the current budget. Discussion on work program priorities for next year. General discussion. 2. City Engineer's Report: Veto Brewer hands out floodplain information to council. General discussion. 3. Mayor and Council's Reports: Merrill: I will meet with Trautmann the first part of next week to do a park equipment inspection to see what we need to do for maintenance. I met with Tracy on the Arbor Day celebration. It is set for June 5, 1997. We will have a birthday party. It is the 1254 Arbor Day Celebration. We will have cake and ice cream. This will qualify us for our Tree City USA status. General discussion. AIC conference is that week. Maybe we can look at that Monday to have the Arbor Day Celebration. Masner: Nothing on the sewer and APA. Discusses building permit fees that the City is charging. Would like to add this discussion on building permits at next council meeting. Masner passes out information on Ordinance 10-1-8-5(D) Floodways. Yzaguirre: This after Morgan and I met with representatives of Trail Creek, Lexington Hills and Lloyd Campbell from Beacon Light Chevron. Lloyd has a vision to create a pathway along the West side of new Highway 55. The purpose of our meeting was to brainstorm how to accomplish that. Discussion on pathways. Another meeting is scheduled for May 6, 1997, 4:00 p.m. The issue that the City needs to decide is liability. Discusses bridge crossing at Island Woods. Needs a location study. Mayor: Eagle/Ada County Sports Complex meeting to be held April 24, 1997, at Eagle Senior Center. General discussion. We have a new Eagle Senior Van. Discussion on monthly Van Agreement. Seniors need to expand service, they need an additional day. This will come up for the next budget year. I have a meeting scheduled for with the MOU Committee at 4:00 p.m. at Mayor Cole's Office on Friday. The purpose is to lay out Mr. Baker's latest plans. General discussion. Merrill: Discussion on door to door peddlers. Discussion on Treasurer Valley Institute. The last one is Creating the Future Downtown Workshop on May 13th and 14th. Maybe Mark or Bill might be attending that. 4. Zoning Administrator's Report: Hands out information on Meridian Impact Area Expansion and discusses the same. 5. City Attorney's Report: Moved to end of Council session. 6. City Clerk/Treasurer Report: Moved to end of Council session. Mayor calls a short recess at 7:35 p.m. Cc040897! 1 COUNCIL: 7:45 p.m. 1. CALL TO ORDER: Mayor announces that Stan Bastian was in an automobile accident and is doing fine. 2. ROLL CALL: Bastian, Masner, Merrill, Yzaguirre. Bastian absent. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Masner: I Move that Item 5G be moved to the Consent Agenda and Item 7D to 5A. Seconded by Merrill. ALL AYE: MOTION CARRIES ....... Masher: I move to approve the Consent Agenda. Seconded by Yzaguirre. Discussion. Merrill: I move that the Minutes of March 25, 1997 be continued to the next agenda. Seconded by Masher. ALL AYE: MOTION CARRIES ............ 4. CONSENT AGENDA: B. C. D. Minutes of March 25, 1997 Continued to next scheduled council meeting. Minutes of March 31, 1997 Claims against the City Revised Findings of Fact for conditional use application by Boise City Cellular Parmership for the construction and operation of a cellular transmission site with a 120-foot monopole (CU-8-96). Findings of Fact for rezone application by Edge Development for a rezone from R-5 to C-2 (RZ-1-97). Findings of Fact for conditional use applications by Edge Development for a drive-thru restaurant and shopping center (CU-1-97) & (CU-2-97). 5. UNFINISHED BUSINESS: A. Discussion of Flood Plain Development Regulations: Mayor introduces the issue. Vem Brewer, City Engineer, Passes out some floodplain information. Discussion on the restudy by FEMA. Displays an illustration showing 100 year Floodplain and discusses same. Discusses the City Ordinances and what changes could be made. Masner discusses his proposed revision to Ordinance 10-1-8-5. General discussion. Yzaguirre would like to setup a special meeting to further discuss this issue. Mayor will contact council and setup a meeting. B. Financial Consulting Services Contract: Mayor introduces the issue. Masner: I move that we select whichever of the three is the least expensive. Seconded by Cc0408972 2 Merrill. Discussion. Masner withdraws his motion and second concurs. Mayor asks representative from First Security Bank to explain their proposal. Bud Way, First Security Bank. Discusses First Security Bank's proposal. Dave Dickey, First Security Bank. Discusses Community Reinvestment Act Credit. 15% potential credit. Bud Way explains that First Security will offer back 15% of their fee to the City. General discussion. Bob Hildeman, US Bank. Discusses US Bank's proposal. General discussion. Masher: I move that we place this contract with US Bank who is the low bidder by $970.00. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ....... C. Resolution 97-6: Mayor introduces the issue Yzaguirre: I move that we adopt Resolution 97-6, Resolution of the City of Eagle, Ada County, approving an agreement for Bond Counsel Services, authorizing the Mayor and City Clerk to execute the same. Seconded by Masher. ALL AYE: MOTION CARRIES ...... ACHD proposed final construction plans for Eagle Road from State Street to Highway 44 Alternate Route: Mayor introduces the issue. Steve Spickelmier, Ada County Highway District. Displays a plan for the landscaping and discusses the same. Street lights not installed at this point. City Council invited to attend Ada County Commissioner meeting on April 23, 1997, 7:00 p.m., this project may be delayed. General discussion. Agreement is a draft. Price should be reduced to $31,000.00. General discussion. Spickelmier will redraft agreement and send it to Council. Mayor: The motion would be to approve the design drawing as submitted by ACHD on Eagle Road Project ACHD No. 52056.0e on Eagle Road from State Street to the Highway 44 Alternate Route. Masner so moved. Seconded by Yzaguirre. Discussion. ALL AYE: MOTION CARRIES ....... So noted for the record, this is a Jensen Belts drawing. ACHD contract for improvements for Eagle Road between new Highway 44 Alternate Route and State St.: Mayor introduces the issue. City Attorney's only concern is an access agreement for lights and maintenance. Spickelmier responds that will not be a problem. General discussion. Yzagnirre: I move to approve the Agreement with changes on Page 2 to the amount of $31,000, Item 3A and 3B. Seconded by Merrill. Discussion. ROLL CALL VOTE: Yzagnirre, AYE:, Masner, AYE, Merrill, AYE. ALL AYE: MOTION CARRIES ............. Cc0408973 3 Mayor: Financial Consulting Services Contract needs a Roll Call vote. Masner: I move that we accept US Bank's offer to act as our Financial Consulting Services Company for the sum of $6,000 for the Library/City Hall Complex Bond. Seconded by Merrill. Yzaguirre, AYE, Masher, AYE, Merrill, AYE. ALL AYE: MOTION CARRIES ........... Fo Discussion of Eagle Road improvements from State Street north: Mayor introduces the issue. Steve Spickelmier, Ada County Highway District, discusses the project. General discussion. Merrill: I move that we continue this to the next regularly scheduled council meeting so Council can review the Eagle Road, State Street to Floating Feather ACHD 52056e Project. Seconded by Yzaguirre. Discussion. ALL AYE: MOTION CARRIES ....... Mayor takes a 5 minute recess. 9:10 p.m. Mayor reconvenes at 9:15 p.m. G. Kestrel Cove Settlement Agreement: Mayor introduces the issue. City Attorney discusses the drainage agreement. General discussion. Masner: I move that we adopt Resolution No. 97-7, authorizing the Mayor to enter into the Drainage Agreement attached thereto. Seconded by Merrill. Discussion. Mayor: with the amendments stated by the City Attorney. First and Seconded concur. Yzaguirre, AYE; Masner, AYE; Merrill, AYE. ALL AYE: MOTION CARRIES ....... H. Cooperative Illumination Agreement: Mayor introduces the issue. Butler provides an overview and report for Council. This is just on the agenda for tracking purposes. I would recommend that this be continued. Masner: I move that we continue this to a time selected by the Planner when he has further information. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ......... 97-3-ZOA - Zoning Ordinance Amendment - Ada County: Mayor introduces the issue. Butler provides council a review of this issue. General discussion. Mayor brings up the idea that the Council go to an Ada County Commission meeting to hear this item. Butler will attend their Planning meeting on the 10th. Butler will get with Mayor on when the meeting is. General Cc0408974 4 discussion. Council agrees to attend the meeting. Mayor: It would be appropriate if we had a motion to continue this to the Ada County Commissioners Meeting to hear it in joint session with the Ada County Commissioners. Masner so moved. Seconded by Merrill. ALL AYE: MOTION CARRIES ...... Butler to advise Council when the meeting is. 6. PUBLIC HEARINGS: CU-9-96 - Lakeland Estates Gravel Extraction ~ Ron Bath: Mayor introduces the issue. Butler recommends that this matter be continued to May 13, 1997. General discussion. Yzaguirre: I move to continue this Public Hearing on Lakeland Estates Gravel Extraction to May 13, 1997, meeting. Seconded by Masner. ALL AYE: MOTION CARRIES ........... 7. NEW BUSINESS: Appointment of Judges and Clerks for the May 27, 1997 Elections: Mayor introduces the issue. City Clerk discusses the issue. General discussion. Merrill: I make a motion that we approve the Judge and 10 clerks as specified by the City Clerk for the general election. Discussion. I move that we appoint Thelma Taylor as Judge. Discussion. ALL AYE: MOTION CARRIES ..... B. Implementation of Personnel Policies and Procedures: Mayor introduces the issue. City Clerk discusses the issue and provides a recommendation to Council. General discussion. Mayor: From the adoption date the accrued sick leave and vacation time would be added together for each employee and that would be their accrued to date amount. Then they would start accruing under the terms and conditions of the Policy Manual from 4/1/97 on. So moved by Masner. Seconded by Yzaguirre. ALL AYE: MOTION CARRIES ........ Mayor: The next issue is the comp time hours on the book. City Clerk provides a recommendation to Council that the comp time hours be paid and we can start fresh with the new Personnel Manual. General discussion. Merrill: I move that we pay the stafftheir accrued Comp Time through April 1, 1997, Cc0408975 5 excluding Mark Butler, and April 1, 1997, on is under the new Personnel Manual. Seconded by Yzaguirre. ALL AYE: MOTION CARRIES .......... C. City Clerk/Treasurer: Mayor introduces the issue. Masher: I move that we have continue this item until our June l0th meeting. Seconded by Yzaguirre. Discussion. ALL AYE: MOTION CARRIES ......... Masner: I move that we continue to have Sharon K. Smith in the interim position of City Clerk/Treasurer until the matter is considered on June 10, 1997. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... General discussion. Mayor: I have one thing that was not on the Agenda but I would like to bring it up. It has to do with the proof reading on our Code Book. We got a proposal in and it did not get on our Agenda. General discussion. Merrill: This could be included under the Clerk's Report. Masner: Can we stay in session for the Clerk's Report instead of treating it as a Pre-Council item. Mayor: We can if that is what Council so chooses. Mayor: I know that we are supposed to bring new agenda items up on the front end of Council but I think that would be a reasonable thing to do. City Attorney: Ordinarily that is the case. As a matter of policy I would suggest that we hesitate to be doing that if it is something that can wait until the next meeting. That would be my recommendation. Mayor: Lets talk about it and see if it can or can't. I'll let Council make the decision on that. City Attorney's Report: Hands out a Status of Ongoing Matters to the Mayor and Council. Discussion on Franchise Fees. General discussion. Discussion on the Arboretum bridge across the drainage ditch. Mayor discusses a Purchase Order system for the City. General discussion. Mayor: Here is the situation that we are in. The Codifier Contract got dropped by the Clerk. Two things have happened. No. I - we have got the entire Code Book in the computer and it needs proofing. It has to be done, not all of the Code Books are updated. General discussion. Masner thinks we should go back to Sterling. Discussion. Mayor states that he did not launch this program. It was unilaterally launched by Korey after coming to the Council. Korey Lowder did give a report that he was doing this. The point being I didn't approve it. I did not know what the overview of it was. It got launched, the contract or whatever agreement we had with the codifiers, I had not one ounce of input into any of that. General discussion. Mayor: There is more to the decision that was made. My hands are clean. I did not make that decision. This is one of quite a number that you will fmd out over the course of time that I did not make. We are a good 8-10 ordinances behind that have not been published. Masner: How long have you know cc0408976 6 about this? Mayor: I don't know, I would say probably two months. I took very direct action to do two things when I found out. One o£them to make sure everyone got that whole series of ordinances that had been passed. I had to do the research to find out when it happened and how many ordinances had not been published. No. 2, what is it going to take to get this job done. All of a sudden I found out it even existed. We can go back to Sterling. General discussion. Merrill: I move to approve the proofing of thc Code Book. Seconded by Yzaguirre. ALL AYE: MOTION CARRIES ...... 8. ADJOURNMENT: Masner moves to adjourn. Seconded by Yzaguirre. ALL AYE: MOTION CARRIES Hearing no further business, the Council Meeting adjourned at 11:45 p.m. Respectfully submitted: 1¢ MAYOR C Alq,~yBOWER Cc0408977 7