Minutes - 1997 - City Council - 11/25/1997 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
November 25, 1997
ORIGINAL
PRECOUNCIL: 6:30 p.m. - 7:30 p.m.
Masner calls Precouncil to order.
1. Seaco Group: Steve Allen representing the Seaco Group will discuss the City Home Page and
Web Site. (SKS) Steve Allen, Seato Group, discusses the proposal submitted on the City
Home Page and Web Site. Discusses the Governet project. Provides a copy of the Idaho
Falls Home Page. General discussion.
2. Mayor and Council's Reports:
Masner: Reports on the Ada County Bike path Committee.
Merrill: Discusses the meeting she attended at ACHD in regards to the truck routes. Reports on
the Merrill Park progress. Reports on the Skateboard Park being at the end of the bypass.
Reports on the Treasure Valley Institute meeting and the letters received in regards to ACHD.
General discussion.
Mayor Yzaguirre is present
Bastian: No report
Sedlacek: No report
Mayor: Discusses the City open house on December 8th. Reports on the Treasure Valley
Institute.
2. City Clerk/Treasurer's Report: No report.
3. Zoning Administrator's Report: Displays the Comprehensive Plan and discusses flood
water now that the alternate route is in and Eagle Road is being widened. General
discussion. Reports on the study from APA. Average property tax inside the City is 9.2%
and outside the City is 9.8%. This does not mean that taxes will go down if properties are
annexed into the City. General discussion. Reports on the truck routing map. General
discussion.
Jim Rhoten, Eagle Island Water Users Association. Invites the Mayor and Council to attend the
meeting on December 3, 1997, 7:00 p.m., at the Senior Citizen Center. Discusses the removal of
gravel in the river. General discussion.
4. City Engineer's Report: Bill Johnson, Holladay Engineering, distributes reports to the
Council. Discusses the United Water expansion contract. Would like Council to look at the term
of the contract and the rate structure. Reports on the bike path at Island Woods. Discusses
Lexington Hills #11. Reports on the irrigation water issue. General discussion.
5. 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:
Merrill moves to add 7B and 7C to Item 4I and 4J. Seconded by Bastian. Discussion.
Merrill amends her Motion to omit moving 7C. Second concurs. ALL AYE: MOTION
CARRIES .........
Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless the Mayor, a Councilmember,
member of City Staff, or a citizen requests an item to be removed from the Consent
Agenda for discussion. Items removed from the Consent Agenda will be placed on the
Regular Agenda in a sequence determined by the Rules of Order.
Any item on the Consent Agenda which contains written Conditions of Approval from
the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board
shall be adopted as part of the City Council's Consent Agenda approval motion unless
specifically stated otherwise.
A. Minutes of November 12, 1997
B. Minutes of November 18, 1997
C. Claims Against the City
D. Appointment of the APA Citizens' Advisory Committee: The Mayor is
requesting Council to confirm his appointment to the APA Citizen's Advisory
Committee. (RY)
E. Appointment to the APA Legislative Review Committee: The Mayor is requesting
Council to confirm his appointment to the APA Legislative Review Committee. (RY)
F. Appointment to the Eagle Sewer District Rate Structure Advisory Committee:
The Mayor is requesting Council to confirm his appointment to the Eagle Sewer Rate
Structure Advisory Committee. (RY)
G. Declaration of Surolus nrooertv:
H. Awarding Bid on Surplus property:
L 7B. The Zoning Administrator is requesting Council approval to hire an outside
consultant to provide data regarding the Telecommunication application submitted by
AT&T. (MLB)
Merrill moves to approve the Consent Agenda. Seconded by Masner. ALL AYE:
MOTION CARRIES...
Merrill moves to move 7G to Item SE. Seconded by Masher. ALL AYE: MOTION
CARRIES .........
5. UNFINISHED BUSINESS:
A. FP-6-97 - Chaumont No. 2 Final Plat - Hillwa¥, Inc.: Hillway, Inc., represented by Gary
Lee with JUB Engineers, is requesting final plat approval for Chanmont Subdivision No. 2, a 27-
lot (23-buildablc) residential subdivision. The 10.74 -acre site abuts Hill Road to the North and
is located approximately 1,600-feet east of Edgewood Lane. The site is within the Eagle City
Limits. This item was continued from the November 12, 1997 meeting. (MLB)
Mayor introduces the issue.
Butler discusses a letter that was received today in regards to this issue.
Scott Stanfield, JUB Engineers, representing Hill Way, developers of Chaumont #2. Discusses
the irrigation water issue. General Discussion.
City Attorney: Discusses the direction that the Council can take and discusses the Eagle City
Code in regards to this issue.
General discussion between Council and Stanficld.
Merrill moves to continue this to the next meeting. Seconded by Masher. Discussion. ALL
AYE: MOTION CARRIES .........
B. Comprehensive Plan Consultant: The City has received one proposal for thc
comprehensive plan consultant. The Zoning Administrator is requesting Council approval of thc
JUB Engineering proposal for the next phase of the Comprehensive Plan Amendments. (MLB)
Mayor introduces the issue.
Butler: Nancy Taylor is out of town on vacation and requests that this be continued to thc next
meeting.
Merrill: Discussion on letter from Holladay Engineering. General discussion.
Bill Johnson, Holladay Engineering. Company did not submit a formal proposal because of the
proximity to the City. They would like to contribute in the area of water, transportation and
participate in the workshops. Wc would like to review thc Comp Plan because we do not have
developer clients in the area.
General Council discussion.
Masher moves to approve the Contract for JUB. Seconded by Bastian. ALL AYE:
MOTION CARRIES .........
C. 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) (Continued from the Novemberl2, 1997 meeting.)
Merrill moves to continue this item to the next meeting. Seconded by Masner. ALL AYE:
MOTION CARRIES ...........
D. Library Contract: A Development Agreement with Oppenheimer Corporation. (Continued
from the Novemberl2, 1997 meeting.)
Mayor introduces the issue.
General and Legal Counsel discussion on the Agreement.
Jack Coonce, Oppenheimer Development Corporation. Explains to the Council that they would
be the project manager for the Library Bond issue and discusses the Development Agreement.
General discussion and legal opinion on bidding on general contractor for the project.
Bastian moves to accept the Development Agreement between the City of Eagle and
Oppenheimer Development Corporation. Seconded by Masner. Bastian: AYE; Masher:
AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ..........
E. 7G. Discussion of the Bridge Consultant Contract:
Mayor introduces the issue. General discussion.
Merrill moves that we terminate the contract at this time and move forward with the City
Engineer. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ..........
Charles Marler. Presents a final price on the glue laminated bridge. Will send a letter to the City
on this price. General discussion.
Mayor would like a final report on what the options are and proceeding with grant options.
6. PUBLIC HEARINGS:
A. Ordinance 309 City ini*iat~d zoning, ordinance amendment (ZOA-7-97): Ordinance Of
The City Of Eagle, Ada County Idaho, Amending Eagle City Code, Title 8 "Zoning", Chapter 4,
"Off-Street Parking And Loading", Sections 8-4-1: Interpretation Of Provisions, 8-4-2:
Application Of Provisions, 8-4-3: Design And Maintenance, 8-4-4: Additional Parking
Regulations And Requirements, 8-4-4-1: Location Of Parking Spaces, 8-4-4-2: Design And
Maintenance, 8-4-4-3: Joint Parking Facilities, 8-4-4-4: Parking Disabled Vehicles, 8-4-5:
Schedule For Parking Requirements, And 8-4-6: Additional Loading Space Regulations And
Requirements.(MLB)
Mayor introduces the issue.
Butler provides an overview of the ordinance amendment. General discussion.
Bastian moves that the width of the parking space as shown on the table, Title: Compact
Vehicles, on Page 4 of 11, be changed to 8' and replace 7.5'. Seconded by Masner. ALL
AYE: MOTION CARRIES ..........
General discussion.
Mayor opens the Public hearing.
Lloyd Campbell, Discusses canopy lighting. General discussion.
Mayor closes the Public Hearing.
Masner moves to continue this to the next meeting. Seconded by Merrill. ALL AYE:
MOTION CARRIES .........
7. NEW BUSINESS:
A. 97-22-RC & 97-31-PDC- Rezone from RR to C-l, Planned Commercial Developmenh
and Conditional Use Permit - Lloyd Campbell. Lloyd Campbell is requesting approval of a
rezone from RR (Rural Residential) to C-1 (Neighborhood Commercial), approval of a planned
commercial development for a 1,400-square foot building with indoor and outdoor seating and
drive-up window for sales of espresso coffee, yogurt, and other related items, and approval of a
Conditional Use Permit for a Drive-up window. The 1.09-acre site is located on the southwest
comer of Beacon Light Road and new State Highway 55. This is in theArea oflmpact.(MLB)
Mayor introduces the issue.
Lloyd Campbell. Has not done a formal withdrawal of the C-1 property. I am going to withdraw
this item. Some items in the Staff Report are not true and are misrepresented and I am
wondering why. I am wondering why this is even before the City Council since this is not in the
City of Eagle or the Impact Area. I feel that Mark is trying to put me out of business by being so
aggressive. Is the City really wanting to put me out of business by changing my zoning? Where
is all of this leading to?
General discussion. Mayor states that this was not a transmittal. Butler states that he requested
this transmittal. General discussion. Lloyd Campbell is assured by the Mayor and Council that
they are following normal procedures as to this matter and that he has not been singled out in any
way. Mark is to work with Lloyd on the zoning for his property.
B. The Zoning Administrator is requesting Council approval to hire an outside consultant to
provide data regarding the Telecommunication application submitted by AT&T. (MLB)
Moved to the Consent Agenda.
C. Request for Waiver: Ron Thurber with Ronald Thurber & Associates is requesting a waiver
of fees pursuant to Eagle City Code Section 1-7-4E. (MLB)
Mayor introduces the issue.
Butler provides an overview of this issue. General discussion.
Morgan moves to approve the request for fee waiver. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES .........
D. Ordinance 312: An ordinance amending Title 3, "Business and License Regulations",
Chapter 2, "Liquor Control, Article C. "Liquor by the Drink", Section 8, "Form, Expiration,
Renewal, and Transfer of License". (SKS)
Mayor introduces the issue.
Merrill moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance No. 312 be considered after being read once by title only. Merrill reads the title
of Ordinance #312. Seconded by Masner. ALL AYE: MOTION CARRIES .........
Merrill moves that Ordinance No. 312 be adopted. Seconded by Masner. Bastian: AYE;
Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES .........
E. Ordinance 313: An ordinance amending Title 3, Business License Regulations , Chapter ,
"Liquor Control, Article B. Wine Regulations", Section 3, "License Fee, Term" and Section 5,
"Transfer of License". (SKS)
Mayor introduces the issue.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance No. 313 be considered after being read once by title only. Bastian reads the title
of Ordinance #313. Seconded by Merrill. ALL AYE: MOTION CARRIES .........
Bastian moves that Ordinance No. 313 be adopted. Seconded by Masner.
Bastian: AYE; Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION
CARRIES .........
F. GE Capital Modular Space: The City lease expires on December 1, 1997. The City Clerk is
requesting Council to decide if they would like to continue to lease or purchase the modular
building. (SKS)
Mayor introduces the issue.
General discussion on the lease option opposed to the rental.
Bastian moves to authorize the purchase of the GE Capital Modular unit and buy the unit for
$15,782.00. Seconded by Masner. Discussion. LegalCounsel states that we need to get three
bids on this purchase on bring it back to the Council. Motion withdrawn.
Merrill moves to put this item out for bid. Seconded by Masner. ALL AYE: MOTION
CARRIES
Legal Counsel advises Council that a Roll Call Vote needs to be held on Item#7B, which
was moved to the Consent Agenda. Bastian: AYE; Masner: AYE; Merrill: AYE; Sedlacek:
AYE: ALL AYE: MOTION CARRIES ..........
G. Discussion of the Bridge Consultant Contract. Moved to Unfinished Business Item 5E.
8. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Merrill . ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:50 p.m.
Respectfully submitted:
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