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Minutes - 1997 - City Council - 09/09/1997 - Regular'l. EAGLE CITY COUNCIL MEETING MINUTES September 9, 1997 PRECOUNCIL: 6:30 pm - 7:30pm 1. Sheriff's Monthly Report: Lt. Pat Cowels: Distributes monthly report. Would like to meet with Mayor and Council to discuss the services to Eagle. Discussion on patrols around the schools during lunch break and after school. General discussion. 2. The Land Group: Phil Hull would like to discuss the proposed service agreement for Merrill Park. Phil gives Mayor and Council an overview of the proposal. General discussion. Steve Guerber, Chairman of Merrill Park Committee, discusses the proposal by the Veterans to utilize the park for their building. General discussion. Council is in agreement that signing the service agreement is premature and the Merrill Park Committee needs to be established and the agreement needs to be reviewed by the Committee. 3. Mayor and Council's Reports: Mayor introduces the Eagle High School Student Council. Merrill: Discusses the Merrill Park project. Discussion on the trees at Albertson's. Historic Commission report. Echo Creek berm is complete. Report on Design Review. General discussion. Masner: No report. Bastian: Reports on meeting with the Library Board. Board thinks the library should be larger and that the library should be the only building built on the land. General discussion. Sedlacek: Discussion on concerns at Eagle Hills Way. General discussion on roadways in Eagle. 4. City Clerk/Treasurer's Report: No report 5. Zoning Administrator's Report: No report 6. City Engineer's Report: No report 7. City Attorney's Report: No report Mayor calls a recess. Mayor reconvenes meeting. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Masner, Merrill, Sedlacek. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. CONSENT AGENDA: Masher moves to approve the Consent Agenda. Seconded by Merrill. ALL AYE: MOTION CARRIES... A. Minutes of August 26, 1997 B. Claims Against the City. 5. UNFIiNISHED BUSINESS: A. Discussion of process for deannexation of Boise City Property. (RY) NOTE - the Zoning Adminisirator is asking that New Business item #7B be discussed with this item. Mayor introduces the issue and City Attorney provides Council with an outline of the procedure. General discussion on thc conditions. Discussion on the sewer service. Discussion on Memorandum of Understanding. City Attorney advises that Council needs to authorize the Mayor to sign a Memorandum of Understanding. So moved by Masner. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... General discussion. Mayor: Zoning Administrator has requested that the Council hear Item 7B as the next item on the Agenda. Bastian moves that we consider Item 7B as our next item of discussion. Seconded by Masner. ALL AYE: MOTION CARRIES ........ 7B. Impact Area Boundary Amendments: The Mayor and Zoning Administrator are asking City Council to request the Ada County Board of County Commissioners to meet with the Eagle City Council to amend the City of Eagle Impact Area boundary in two locations as follows: 1. Amend the southeast corner to remove Boise City owned land from the Impact Area as requested by Boise City as part of their agreement to treat Eagle City Sewage (see Exhibit "A"). 2. Amend an area near the northeast comer to move the Impact Area boundary from the old alignment of State Highway 55 to the new alignment of State Highway 55 at the curve at Beacon Light Road (see Exhibit "B"). Mayor introduces the issue. Butler displays an overlay showing the boundaries for Item 1 and discusses same. Would like direction from the Council. General discussion. Butler displays an overlay showing the boundaries for Item 2 and discusses same. General discussion. Mary Gray 4238 N. Triple Ridge Place. Discusses the property and the history of the property. Karen Jones, Bogus Ridge Subdivision, express the concerns that residents have in changing the zoning designation. General discussion on the septic and wells on the Chevron Property. Discusses the CC&R's for the Bogus Ridge Subdivision. General discussion. City Attorney discusses City Code in regards to Lot 1. The City of Eagle can not enforce a subdivisions CC&R's. General discussion. Butler discusses the issue, the comp plan and the zoning designation of the area. Has a proposed letter to go to Ada County. Would like Council's approval of the letter. Masner moves that we authorize the Mayor's signature on the document Butler refers to. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ......... Chuck Jeters, Echo Creek Homeowner's Association. They are going to back up Bogus Ridge. 6. PUBLIC HEARINGS: A. Ordinance #300 "Parks Committee": The Zoning Administrator is requesting Council approval for a Parks Committee Ordinance establishing a Parks Committee and related regulations. (MLB) This item was continued from the August 26, 1997 meeting. Mayor introduces the issue. Butler discusses the Ordinance. Council has already reviewed the ordinance. General discussion on the changes to the ordinance. Butler suggests changing "Parks Committee" to Landscape Committee. Mayor opens the Public Hearing. No one has signed up to speak on this issue. Mayor closes the Public Hearing. Merrill 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 No. 300 be considered after being read once by title only. Seconded by Masher. ALL AYE: MOTION CARRIES .......... Merrill reads the Ordinance by title. Merrill moves that Ordinance No. 300 be adopted. Seconded by Masner. Discussion. Roll Call Vote: Bastian: AYE; Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ............ Mayor calls a recess at 8:45 p.m. Mayor reconvenes at 8:50 p.m. B. Ordinance #307 "Design Review Ordinance Modifications - ZOA-6-97": To amend Eagle City Code Title 8, Chapter 2A and Title 2 Chapter 2 to allow the Design Review Board to become the approval body for design review applications, to provide for an appeal process, to establish meeting dates, to establish meeting procedures, and to provide public notice procedures. (MLB) Mayor introduces the issue. Butler reviews the ordinance. Planning & Zoning Commission recommended approval. Mayor opens the Public Hearing. No one has signed up to speak on the issue. Mayor closed the Public Hearing. General Council discussion. Bastian proposes some changes in the ordinances. Bastian would like to see Design Review have two meeting a months. Page 2 of 5, 8-2A-13:A. Change thirty one to thirty five. Page3 of S, 8-2A-14: third line down: be appealed bythe Planning and Zoning Commission to be stricken and say: to be appealed to the City Council by the Applicant. This would leave out the Planning and Zoning commission. Merrill would like to change Page 1 of 5, 2-2-1, Board Created Membership and Qualifications: strike "and one non-voting member which shall be from the Planning and Zoning Commission. Page 4 of 5, Item B: strike Planning and Zoning Commission, also on third sentence down strike Planning and Zoning Commission, and Item C: strike Planning and Zoning Commission. Third sentence after that strike the word "first" and also strike out Planning and Zoning Commission for their recommendation on the application and appeal and second to the, strike those and insert: Council for review. Butler: I think it would be preferable to not reinsert "Council for review. It should read: should be forwarded to the City Council who may sustain, deny, amend. Merrill: okay to strike that also. Also, on Page 3 of 5, 8-2A-14A, eight lines down: take out "Commission and". Bastian moves pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances to be read on three (3) different days with one (I) reading to be in full be dispensed with, and that Ordinance No. 307 he considered after being read once by title only. Bastian reads the Ordinance by Title. Seconded by Merrill. ALL AYE: MOTION CARRIES ....... Bastian moves that Ordinance No. 307 be adopted. Seconded by Masner. Roll Call Vote: Bastian: AYE; Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES .......... 7. NEW BUSINESS: A. The Land Group: Phil Hull, with The Land Group, is requesting Council approval of the proposed fee agreement for professional services to develop a master plan, construction document package and construction administration for the Merrill Community Park project. (RY) This item was discussed in Pre-Council B. Impact Area Boundary Amendments: The Mayor and Zoning Administrator are asking City Council to request the Ada County Board of County Commissioners to meet with the Eagle City Council to amend the City of Eagle Impact Area boundary in two locations as follows: 1. Amend the southeast coruer to remove Boise City owned land from the Impact Area as requested by Boise City as part of their agreement to treat Eagle City Sewage (see Exhibit "A"). 2. Amend an area near the northeast coruer to move the Impact Area boundary from the old alignment of State Highway 55 to the new alignment of State Highway 55 at the curve at Beacon Light Road (see Exhibit "B"). Moved to Unfinished Business. C. Redwood Creek Pathway: Discussion of Redwood Creek Pathway proposed contract. (RY) Mayor introduces the issue. General Council discussion. Merrill moves that we accept the Redwood Creek Development contract and authorize the Mayor to sign the Contract. Seconded by Masner. Discussion. Joe Harris, Redwood Creek Development, Inc., discusses the contract and the pipeline easement. General Council discussion. ALL AYE: MOTION CARRIES ........... D. Ada County Sheriff's Department Contract: The City Clerk is requesting Council approval of the Eagle Security Services and Joint Powers Agreement to be in effect from October 1, 1997 thru September 30, 1998. (SKS) Mayor introduces the issue. City Attorney proposes a change: Page 3 of 4, Item 7: sentence 4, insert "other than the County," after "its officers, agents. Merrill moves to accept the Ada County Sheriff's Contract with the change on Page 3 of 4, Item 7, to read "its officers, agents, other than the County. Seconded by Bastian. Roll Call Vote: Bastian: AYE; Masher: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES .......... E. Eagle Senior Citizen Van Use and Senior Center Utilities Agreement: The City Clerk is requesting Council approval of the above mentioned agreement. (SKS) Mayor introduces the issue. Bastian moves to approve the Eagle Senior Citizen Van Use and Senior Center Utilities Agreement. Seconded by Merrill. Roll call Vote: Bastian: AYE; Masher: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ............ F. Service Agreement for Animal Control Services between City of Eagle and the Idaho Humane Society: The City Clerk is requesting Council approval of the above mentioned agreement. (SKS) Mayor introduces the issue. Merrill moves to approve the Service Agreement for Animal Control Services between City of Eagle and the Idaho Humane Society. Seconded by Sedlacek. Roll Call Vote: Bastian: AYE; Masher: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES .............. G. Resolution #97-13 - Proclaiming a General City Election: The City Clerk is requesting Council approval of Resolution 97-13 proclaiming a General City Election to be held on November 4, 1997, designating the polling places, designating the registrar and deputy registrars, and ordering the City Clerk to give notice of such election. (SKS) Mayor introduces the issue. Bastian moves that we approve Resolution 97-13 proclaiming a General City Election to be held on November 4, 1997, designating the polling places, designating the registrar and deputy registrars, and ordering the City Clerk to give notice of such election. Seconded by Masher. ALL AYE: MOTION CARRIES ........... H. Ordinance #304 - Establishing a Voting Precinct: The City Clerk is requesting Council approval of Ordinance 304, amending Section 1-1-1 Eagle City Code, to provide for voting precinct, polling place and times for voting established. (SKS) Mayor introduces the issue. 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 No. 304 be considered after being read once by title only. Bastian reads the Ordinance by Title. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... Bastian moves that Ordinance No. 304 be adopted. Seconded by Masner. Roll Call Vote: Bastian: AYE; Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ........ I. Ordinance #306 - Amending the Historical Preservation Commission: The City Clerk is requesting Council approval of Ordinance 306, amending Section 8-9-2C "Historical Preservation Commission" and Section 8-9-7A "Procedures for Designation of Historic Districts". (SKS) Mayor introduces the issue. 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 No. 306 be considered after being read once by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES .......... Sedlacek reads the Ordinance by title. Sedlacek moves that Ordinance No. 306 be adopted. Seconded by Merrill. Roll Call Vote: Bastian: AYE; Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ....... Masner moves that we go into Executive Session for discussion of legal matters.. Seconded by Merrill. Roll Call Vote: Bastian: AYE; Masncr: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ............ J. EXECUTIVE SESSION: Discussion of legal matters. Council goes into Executive Session at 9:25 p.m. Council goes out of Executive Session at 10:05 p.m. Bastian moves that we go out of Executive Session. Seconded by Masner. ALL AYE: MOTION CARRIES ........... Council directs the Mayor to send a letter to the P.U.C to preserve the Cities opportunity to expand the municipal system onto the Chase property. So moved by Masner. Seconded by Bastian. THREE AYES: SEDLACEK NAY: MOTION Mayor would like to schedule a joint meeting next Tuesday with the Planning & Zoning Commission at 7:00 p.m. Council agrees to the meeting time. Mayor would like Council to provide ACHD with two dates in October to have a joint meeting. Council suggests October 9th and 16th at 3:00 p.m. or 4:00 p.m. General discussion on items to be on the Agenda for the joint meeting with ACHD. 8. ADJOURNMENT: Masner moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:15 p.m. Respectfully submitted: CI~ CLE~T~AS~R APP VED. mc zXoq ~YOR ~ '