Minutes - 1997 - City Council - 08/19/1997 - Regular· '.- ORI61NAL
EAGLE CITY COUNCIL SPECIAL MEETING
MINUTES
August 19, 1997
PRECOUNCIL: 6:30 pm - 7:30pm
1. Western Idaho Fair Centennial Booth: Pauline Hinman Mayor and Council discuss the
fair booth. Special thanks to Chamber for the booth and the work involved. Pauline is on
vacation and not able to attend.
2. Mayor and Council's Reports:
Merrill: Reports on the Historical Commission meeting. Discusses the park committee
and the work they are involved in. Meeting on the August 26, 1997, about the Ada County
Sports Complex. Council to meet with Ada County Commissioners in their office on August 29,
1997, at 2:00 p.m.
Masner: Reports on the APA meeting.
Sedlacek: Reports on the carpet for the Senior Center. Reports on Economic
Development committee.
Bastian: Discusses Library Bond Issue. Susan Thomas discusses the Library Bond
Issue. A meeting will be held on September 8, 1997, at 8:00 p.m. in Council Chambers.
Discusses police protection service. Bastian will arrange for having an expert attend a council
meeting to discuss this issue.
Mayor: Discusses downtown parking. This item will come up in the Budget discussion.
General discussion. Discussion on the Bank Club parking and other City businesses parking..
3. City Clerk/Treasurer's Report: No report.
4. Zoning Administrator's Report: No report.
5. City Engineer's Report: Merrill reports on the Echo Creek berm. Mr. Jeters reports on the
berm. Bill Johnson, Holladay Engineering, provides Council with a report. Kestrel Cove has
been designed and constructed. Holladay Engineering feels that no further action will be
required. ITD is in the process of staking out the berm at Echo Creek. Bill has seen a draft copy
of the System Capacity Certificate for the Eagle Water System and discusses same with Council.
Ken Rice has been working on the historic King Hill Bridge. It would be structurally adequate
for the City use. General discussion on the bridge. Bill provides Council with information on
Lexington Hills Subdivision Final Plat #11 in regards to water and fire flows. General
discussion. Bill has no information on irrigation water. General discussion.
6. City Attorney's Report: No report.
Mayor calls a recess at 7:20 p.m.
Mayor reconvenes meeting at 7:30 p.m.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Masner, Merrill, Sedlacek. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
Masner moves that we adjourn this meeting at 10:30 p.m. Seconded by Bastian. ALL
AYE: MOTION CARRIES ..............
~'4. CONSENT AGENDA:
Bastian moves to approve the Consent Agenda. Seconded by Masner. Masner would like
to remove G, L, M, P & Q. Merrill would like to remove Item A. ALL AYE IN FAVOR
OF AMENDING AND APPROVING TIlE CONSENT AGENDA: MOTION
CARRIES ...........
A. Minutes of June 24, 1997 - removed
B. Minutes of July 15, 1997
C. Minutes of July 22, 1997
D. Minutes of July 29, 1997
E. Minutes of August 5, 1997
F. Claims Against the City
G. Eagle Historical Preservation Commission Appointments: The Mayor is
requesting Council approval of the following appointments to the Commission -
Chairman Linda McCloskey, Vice Chairman Margie Plott, Commissioners: Betty Miller,
Audrey Plott, and Geneva Trent. (RY) - removed
H. LS-3-97 - Lot Split - Charles Lobdell: Charles Lobdell, represented by Scott
Fahey, is requesting a lot split to create a 5.1-acre parcel. The site is located
approximately 1.5-miles west of Eagle road at 2205 West Mace Road. (MLB)
I. LS-5-97 - Lot Split - Mark L Butler: Mark L. Butler, represented by Darren
Leavitt, is requesting approval ora lot split for the creation of two lots located
approximately 160-feet north of the intersection of State Street and Parkinson Street at
1092 Parkinson Street. (BV)
J. LS-6-97 - Lot Split - William Webster: Edge Development, represented by William
Webster, is requesting a approval ora lot split for the creation of two lots located
approximately 400-£eet north of State Street at 196 Cobblestone Lane. (MLB)
K. CU-3-97 - Findln~,~ of Fact - Gravel Extraction Operation - Ed Hendershot:
The Zoning Administrator is requesting Council approval of the Findings of Fact for the
conditional use application submitted by Ed Hendershot. The 26.82-acre site is located
approximately 3/8-mile east of Eagle Rd., abutting Island Woods Subdivision on the
west and the North Channel of the Boise River on the north. (MLB)
L. pp-1-97-FindlngsofFact-GleneaglesSubdivision-WilliamWebster: The
Zoning Administrator is requesting approval of the Findings of Fact for the preliminary
plat application. The 5.14-acre, 5-lot (3-buildable) commercial subdivision is located on
the east side of Eagle Road approximately 600-feet south of State Street at 174 South
Eagle Road (temp. address). (MLB) - removed
M. RZ-5-96 - Findings of Fact - From A to C-2 - Albertson's Corporation: The
Zoning Administrator is requesting Council approval of the Findings of Fact for the
rezone application submitted by Albertson's Corporation. The site is located at 434 S.
Eagle Rd., near the northeast corner of Eagle Rd. and the Eagle Alternate Route. (MLB)
-removed
N. 97-22-PDR - Winder Estates - David H. Cle~,g David Clegg is requesting
preliminary plat and private road approval for Winder Estates Subdivision. The site
contains approximately 6.27 acres, consists of 3 residential lots, and is located on the
east side of Ballantine Road approximately ¼-mile north of Floating Feather Road. This
subdivision is located in the Eagle Area of Impact. This item was continued from the July
22, 1997 meeting.(MLB)
O. Treasure Valley Partnership: The Mayor is requesting Councils approval ora
$100.00 expenditure to T.V.P. towards a pool which has been set up between the
members for travel for facilitators. (RY)
P. Appointment of Design Review Board Member: The Mayor is requesting Council
approval of his recommendation for the vacant Design Review position. The Mayor has
requested this item be continued to the August 28, 1997 meeting so Council member
Merrill may be present for discussion. - removed
Q. Review of the Design Review Board: The Council has requested the City Attorney
research restructuring the Design Review Board and their procedures. The Mayor has
requested this item be continued to the August 28, 1997 meeting so Council member
Merrill may be present for discussion. - removed
Council discusses the items removed from the Consent Agenda:
A. Minutes of June 24, 1997 Merrill has question on Page 4 about the public hearing.
Mayor answers the questions. Minutes stand as presented.
G. F,a~.le Historical Preservation Commission Appointments: The Mayor is
requesting Council approval of the following appointments to the Commission - Chairman Linda
McCloskey, Vice Chairman Margie Plott, Commissioners: Betty Miller, Audrey Plott, and
Geneva Trent. (RY) Masher wants to know if its the intent for this Commission to form a
Charter with goals or is it something that Council will need to do. Merrill states that a mission
statement was made and them is an Ordinance. The Commission will follow City and State
Code. All of this is recorded in the Commission minutes.
L. pp-1-97-FindingsofFact . Gleneagles Subdivision - William Webster: The
Zoning Administrator is requesting approval of the Findings of Fact for the preliminary plat
application. The 5.14-acre, 5-lot (3-buildable) commercial subdivision is located on the east side
of Eagle Road approximately 600-feet south of State Street at 174 South Eagle Road (temp.
address). (MLB) Masher has some questions on this item and would like to have a presentation
on this matter. Butler discusses this item and answers his questions. Masher withdraws that.
M. RZ-5-96 - Findlm,.s of Fact - From A to C-2 - Albertson's Corporation: The
Zoning Administrator is requesting Council approval of the Findings of Fact for the rezone
application submitted by Albertson's Corporation. The site is located at 434 S. Eagle Rd., near
the northeast comer of Eagle Rd. and the Eagle Alternate Route. (MLB) Merrill states that they
just received a second Findings of Fact and has not had time to read through it.
Merrill moves to continue this to the next meeting. Seconded by Masner. ALL AYE;
MOTION CARRIES ............
P. Appointment of Design Review Board Member: The Mayor is requesting Council
approval of his recommendation for the vacant Design Review position. The Mayor has
requested this item be continued to the August 28, 1997 meeting so Council member Merrill may
be present for discussion.. Masher wants clarification of when this matter will be continued to.
Mayor responds that this item is to be continued to the August 26, 1997, meeting.
Q. Review of the Design Review Board: The Council has requested the City
Attorney research restructuring the Design Review Board and their procedures. The Mayor has
requested this item be continued to the August 28, 1997 meeting so Council member Merrill may
be present for discussion. Masner wants clarification of when this matter will be continued to.
Mayor responds that this item is to be continued to the August 26, 1997, meeting.
Mayor: We now need a motion to approve Items A, G, L, P & Q. So moved by Bastian.
Seconded by Masner. Discussion. ALL AYE: MOTION CARRIES ...........
Butler: Since Albertson's Findings were continued to the August 26, 1997, meeting, you may as
well continue Item 7E because we can't do the Ordinance until we do the findings. Just as a
matter of record.
5. PUBLIC HEARINGS:
A. 1997-1998 Budget Workshoo- The Mayor has proposed a 1997-1998 Annual Budget for
Council consideration. The purpose of this workshop is to allow the Council to discuss the
Mayor's proposed budget and make changes as they deem necessary.
Mayor introduces the issue. Requests that anyone who would like to address the council sign up.
The Budget pages are displayed with the overlay and the Mayor goes through the Budget by each
line item. Susan Thomas discusses the Library Budget Revenue. Butler discusses SAG #4
Comp Plan Phase 11. Susan Thomas discusses the Library Expenditures. Discussion on Senior
Center carpet replacement. Discussion on purchase of city vehicle. Discussion on paving back
parking lot. Discussion on internet services. Discussion on downtown parking.
Mayor calls a 5 minute recess at 9:05 p.m.
Mayor reconvenes the meeting at 9:15 p.m.
Mayor opens the Public Hearing.
Susan Thomas, Library Board. Susan has already made her presentation.
Robert Mathie, 1438 E. Trevino, Eagle. Concerned about Fire Department override, Sewer
District increase, trash license fee and increase in City Budget. Pull Library Budget out of the
City Budget. All the increase are going to make it impossible for people to live in Eagle.
Discusses the street light expenditures.
Steve Guerber, 699 Ranch Drive, Eagle. Concerned about downtown parking. Discusses salary
increase. Mayor responds. Discusses property taxes. Discusses the Capital Expenditure for
Building/Land. He would like to see a shift of funds to Merrill Park. Would like $500,000-
$600,000 for Merrill Park and the idea that the City match funds that are being donated for the
Park.. Mayor states that there is $400,000 in the budget for parks.
Masner would like to adjust the budget in the following areas:
Pull out Library anticipated bond revenue funds.
Pull out reimbursement for library land purchase.
Pull out land rental because we won't have that land next year to rent out.
Bud Debenham, 1201 Pebble Beach Way, Eagle. Agrees with Councilman Masner on what he
wants to pull out. Wants to also pull out the expenditure for the library.
Robert Mathie. Discusses the library. Proposes an idea to Council to put a major book store on
the property that the City has purchased. The bookstore could enter into an agreement with the
City to use the book store as a library.
Mayor closes the Public Hearing.
Mayor and Council discuss changes to the Budget. Masner provides an explanation on the
Usage Fee/Municipal Water (United Water).
· Discussion on Budget Workshop Topics of Discussion:
1. Senior Center: Purchase of Carpet. Sedlacek states that it will be close to $2,500 for this and
she would like to budget $3,000 for this item.
2. Purchase of Vehicle for Planning & Zoning Dept. Mayor discusses this item. Merrill
questions the need ofa 4 wheel drive vehicle or a camper shell. Bastian has questions on the
need for a camper shell. Butler responds. Bastian states that we should have funds for a
camper shell if the need is there. General discussion. Council agrees to put $12,000 into the
budget for the purchase ora truck. Discussion on the maintenance for the vehicle. Council
agrees that $150 a month should be budgeted for maintenance.
3. Seal coat parking lots and paving back parking lot. Mayor goes over the bids received.
Butler discusses the improvements that would need to be done to 2nd street. General
discussion. Butler's rough estimate would be about $10,000 for the improvements on 2nd
street. Bastian recommends putting $25,000 in the budget to cover these costs. Merrill does
not feel that the citizens would think that this expenditure was a priority. General
discussion. Council agrees to have this item considered on the next years budget, FY98/99.
4. Interact services - Home Page. Mayor discusses this item and states that there is $2,000 in
the budget for these services. General discussion. Council is in agreement on the $2,000.
5. Downtown Parking. Mayor discusses this item. General discussion. Council agrees that
this item should be Strategic Annual Goal #12 to study this item. Council agrees to budget
$2,000 for this item.
Masner moves to amend the budget to remove the Library Bond Fund anticipated revenue
and expenditures from the budget, reimbursement for Library land purchases, $150,000
from United Water, and land rental from Merrill park. Seconded by Sedlacek. Discussion.
ALL AYE: MOTION CARRIES .............
Bastian moves that the budget item for replacement of the carpet in the Senior Center be
$2,500, that the purchase of a vehicle for Planning & Zoning Department that the Budget
he $12,000, that the seal coat for the front parking lot in the amount of $1,200 be budgeted
for, and the $2,000 for the Internet be in the budget. Seconded by Merrill. Discussion on
the amount for the purchase of the vehicle. Bastian amends his motion to $15,000 for the
purchase of the vehicle. Seconded agrees. ALL IN FAVOR OF THE AMENDMENT TO
THE MOTION AND THE MOTION: ALL AYE: MOTION CARRIES .............
General discussion on additional funds for the Park Budget.
General discussion on adoption of the budget and publishing changes to the budget.
Merrill moves to republish the Budget for FY97/98. Seconded by Bastian. ALL AYE:
MOTION CARRIES .............
Masner moves that we move Item 6B the deannexation issue as the next item of business.
Seconded by Bastian. ALL AYE: MOTION CARRIES ............
6B. Deannexation of Boise City Property,: The Mayor is requesting that Council discuss the
procedures and timeline needed regarding the de-annexation of Boise City property located on
Eagle Island. This item was continued from the July 22, 1997 meeting. (RY)
Mayor introduces the issue.
~Lynne reads a statement stating that she does not have a conflict of interest and will vote on this
matter.
Lynne discusses the Sanitary Sewer Service Agreement and urges Council to consider the de-
annexation request.
Jim Groover, 1405 E. Trevino, Eagle. Discusses the Boise City Council Meeting on the de-
annexation. General discussion and discussion on the different options that the Sewer District
has.
Morgan states that the City Attorney has advised Sedlacek that she does have a conflict of
interest for her to vote on this matter. City Attorney states that he had a discussion with legal
counsel who represented the Sewer District with respect to this conflict of interest issue and the
City Attorney does stand by his original concern that there was a conflict of interest.
Nevertheless the Idaho Code Ethics and Government Act does allow for getting an opinion from
independent counsel and from the stand point of the legality of whether Council Member
Sedlacek votes on this tonight, having received that opinion, she is legal authorized to make that
decision on her own. Mayor feels that it is Lynne's decision. General discussion.
Dennis Whitmore, 5606 Plymouth, Boise, Secretary-Treasurer of Lexington Hills, Inc. Supports
the comments that Sedlacek was making. Discusses the water and sewer issues that have been
going on. Council should listen to the people in the know on the Sewer issue.
Terry Miller, 1420 N. Eagle Creek Way, Eagle. Discusses the sewer issue. You are going to
drive a number of residents out of the City if you do not agree to this connection with Boise.
Discusses Morgans conflict of interest with Owyhee Plaza. Lynne should be entitled to vote.
Her conflict is no more serious than that conflict. She has nothing financial to gain from this
and therefore I believe she is fully justified in voting as an informed part of the Council in this
decision.
Masner displays a map showing the strip of land that is owned by the City of Boise and discusses
the same. Discussion on the conditions that could be put on the land.
Masher moves that we take the steps to de-annexation of the land owned by the City of
Boise allowing Boise one of the three conditions, their choice, being: Restrict the deed to
agricultural or two homes per acre residential zoning or agree to a joint power agreement
for any use requiring both cities approval or restrict use to wildlife refuge joint use of Eagle
parks or agricultural land only with no use or sewer plant discharge nor gravel mining.
Seconded by Bastian. Discussion. Jim Groover discusses the terms of the agreement.
General discussion. ONE AYE: 3 NAY: MOTION FAILS .........
Merrill moves that we move forward towards the de-annexation of the Boise Property out
of our area of City Limits and Impact Area. Seconded by Bastian. Discussion. Jim Hill,
904 Farrington Dr., Eagle, discusses this issue and the City comp plan. General discussion.
THREE AYES: ONE ABSTENTION: MOTION CARRIES ...........
Council would like to hearing the remaining two public hearings on the Agenda.
5B. RZ-6-97 - Rezone from A to A-R -Charles Lobdell: Charles Lobdell, represented by
Scott Fahey, is requesting a rezone from A (agricultural) to A-R (agricultural-residential). The
5.1-acre site is located approximately 1.5-miles west of Eagle road at 2205 West Mace Road.
(MLB)
Mayor introduces the issue.
,No ex parte contact and no conflict of interest by any Council Members.
Scott Fahey, 950 E. River Park Lane, Boise, representing Mr. Lobdell. Fahey displays a site plan
and discusses the rezone.
Butler: Discusses the issue. Staffrecommendsapproval.
Mayor opens the Public Hearing. No one has signed up to speak.
Mayor closes the Public Hearing.
Masher moves that we approve the Rezone of the Charles Lobdell property from A to A-R.
Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ........
Butler: Since you have done that you might want to approve Item 7C and 7D on the Agenda.
7C. RZ-6-97 - Findings of Fact - From A to A-R - Charles Lobdeil: The Zoning
Administrator is requesting approval of the Findings of Fact for the rezone application. The 5.1-
acre site is located approximately 1.5-miles west of Eagle road at 2205 West Mace Road. (MLB)
Bastian moves that we approve RZ-6-97 Findings of Fact From A to A-R - Charles
Lobdell. Seconded by Masner. ALL AYE: MOTION CARRIES ............
7D. Ordinance 301 for RZ-6-97 - Charles Lobdell: The City Clerk is requesting approval of
Ordinance 301 which changes the classification of the real property (described in Exhibit A of
the ordinance) from A(Agricultural) classification to A-R (Agricultural -Residential)
classification amending the zoning map of the City of Eagle to reflect said change and providing
an effective date. The 5.1-acre site is located approximately 1.5-miles west of Eagle road at 2205
West Mace Road. (MLB) Moved to be heard after Item 5B
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances
to be read on three (3) different days with one (1) reading to be in full be dispensed with,
and that Ordinance 301 be considered after being read once by title only.
Bastian reads Ordinance 301.
Bastian moves that Ordinance 301 be adopted. Seconded by Merrill. Bastian: AYE;
Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES .........
5C. ZOA-3-97 - Zoning Ordinance Amendment - Ordinance #302 - City of Eagle: To
modify subdivision requirements related to public and private streets. (MLB)
Mayor introduces the issue.
Butler discusses the Ordinance. General discussion.
Mayor opens the Public Hearing. No one has signed up to speak on the issue.
Mayor closes the Public Hearing.
Sedlacek moves, pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances to be
read on three (3) different days with one (1) reading to be in full be dispensed with, and that
Ordinance 302 be considered after being read once by title only.
Sedlacek reads Ordinance 302.
Sedlacek moves that we approve Ordinance 302 as prepared by Staff and as amended by
~Eagle Planning & Zoning Commission. Seconded by Merrill. Bastian: AYE; Masner:
AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ..........
8. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 10:50 pm.
Respectfully submitted.
*~R~N K. SMITH
CI~ CLE~ASU~R
MAYOR