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Minutes - 1989 - City Council - 04/25/1989 - RegularEAGLE CITY COUNCIL MEETING APRIL 25, 1989 The Eagle City Council met in regular session on April 25, 1989 at 7:30 p.m. Mayor Guerber presiding. The following members were 'present: TOM MINOW, STEVE HAMMONS, STEVE MATLOCK, GARY W~KER. OPENING STATEMENT OF MAYOR STEVE GUERBER: I'm sorry I missed the Council meeting two weeks ago. from the feedback I've received since getting back home the democratic process certainly got a workout. Judging I'd say Since becoming Mayor of Eagle nearly 15~ months ago, I've encouraged people to participate in the decision-making process of this city and in those decisions by other agencies that impact Eagle. I think it's working, considering the general attendance at city council meetings, testimony during public hearings and the increased number of volunteers involved with the city. We have dozens of people giving of their time to the commissions, committees and boards that have continued operating or been developed since I became Mayor. But along with this encouraged participation comes a responsibility, to be a part of any democratic process, an individual has an obligation to follow the rules of courtesy, honesty and fairness. I'm not sure that was the case in some instances two weeks ago. I intend to see that it is the case tonight and in the future to the best of my ability. There is nothing wrong with disagreement--this city seems to thrive on it, in fact. But I do think there is something a disruption and an activity solely of a self-serving nature. The elected officials of this city were elected to make decisions they feel are in the best interest of the people of Eagle as a whole, they are expected to do so based on facts filed as part of the hearing process and by asking questions of other officials and experts who deal with such matters. In some cases, those decisions involve compromise that must be accepted by both sides of an issue. Not all decisions that are made by the city are going to make everyone happy. But decisions have to be made and we can only hope that, for the sake of the city as a whole, they are the right decisions. And once they're made, those who have participated in the process of making that decision through their input have a responsibility to respect what goes into making those decisions. I've seen members of this council disagree on items under consideration, but I've also seen them respect the end of a vote. still, I've seen people in this city continue to express disgust at such decisions for one reason--because it wasn't what they wanted. I'm continually amazed at the rumor mill that operates in Eagle, especially when it doesn't bother to get the facts straight before being cranked up. The most recent example of inaccurate information came after the auditor's report was presented two weeks ago. somehow reference to tightening up authorization procedures for expending city money was turned into claims on the street that the Mayor and City Council members were making questionable expenditures of city funds. Just to set the record straight, that comment by the auditor was in reference to expenditures for equipment in the parks by Doc Peterson, who was acting as a volunteer parks superintendent last year. I allowed him to purchase some hose and other maintenance items with reimbursement back, rather payment taking place directly from city accounts. That problem has been corrected. I think our willingness to act on such matters is one reason the audit was the best we've had in the five years I've been a Councilman or Mayor--not something to have been inaccurately portrayed. My intent is to continue to encourage participation in the operation of the city. But I also intend on operating this city in a responsible manner that included respect for authority, respect for the decisions that must be made and respect for the citizens of Eagle. Moved by WALKER and seconded by MATLOCK to approve the minutes of the April 11, 1989 meeting as presented. ALL AYE= MOTION CARRIED. UNFINISHED BUSINESS= DeShazo-Eagle Ranch #5= Moved by MINOW and seconded by WALKER to deny plat approval until the information regarding legalities can be sorted out, based on the recommendation of the City Attorneys, indicating that the dispute between homeowners and developers on how the property will be used and under what circumstances must be resolved between them. The legal council has advised the city that it is not the peragative of the city to dispute those decisions. Based on that information, whether there is a implied use by homeowners or not, is not a decision the city can make. ALL AYE= MOTION CARRIED. WRIGHT BROS/Design Review Application= Representative of Wright Bros. Terry Hayden. Mr. Hayden indicated to council that 15,000 sq. footage of Mini Storage buildings on the property. Moved by HAMMONS and seconded by MATLOCK to approve the Design Review application and recommendations of the Design Review Commission to approve the project with the following conditions: ALL AYE* 1. Comply with the plan and application materials submitted 2. West fence to have screening slats 3. Provide low evergreen plating along front fence.(State Street) MOTION CARRIED THE LOFT/Design Review Application: Representative of the Loft Bob Reitan. Mr. Reitan stated that there would be no loud noise permitted in the area and that the location is directly behind the existing building. There will be seating with umbrellas. Moved by MATLOCK and seconded by HAMMONS to approve the application with the conditions recommended by the Design Review Commission. Those conditions are as follows: e 4. 5. ALL AYEs Comply with plan and application materials submitted Restrict noise - no permanent or continual music or PA system outside Verify that loss of parking spaces is no problem Fence to be 6ft.- 6 inches high No new signage or lighting is proposed MOTION CARRIED IDA CLEAN: Presentation to inform council of new services and willingness to help in Eagle Fun Days events. WHEELS FOR LIFE BIKE-A-THON: Kelli Blair requests of council endorsement to conduct the bike-a-thon sponsored and insured by Saint Judes Hospital on May 20, 1989. Moved by MINOW and seconded by MATLOCK. ALL AYE: MOTION CARRIED. DEPT. OF WATER RESOURCES: Altering stream channel request. LaRue Bevington, on behalf of Flood Control Management, gave testimony on the need for removing snags and necessary repairs. Mr. Bevington is seeking support of the project from the city. Moved by MINOW and seconded by WALKER to notify the Dept. of Water Resources the city's endorsement of the project. ALL AYE: MOTION CARRIED. PUBLIC HEARING: 1988-89 Appropriation Amendment. testimony heard. Public hearing closed. No public Moved by MINOW and the Appropriation CARRIED. seconded by WALKER to make the amendment to Ordinance as presented. ALL AYE: MOTION Moved by MATLOCK and seconded by MINOW to apply the d~spens~ng rule and to consider Ordinance #153 amending Ordinance #141 immediately. ALL AYE~ MOTION CARRIED. Moved by MATLOCK and seconded by MINOW to approve the amendment appropriating additional monies that are to be received by the City of Eagle, Idaho, as Library Services Fees and Gifts in the sum of $44,364, and an Idaho Community Sewer Block Grant in the sum of $285,000. ALL AYE.. MOTION CARRIED. LIBRARY BOARD~ Rex Hudson, Library Board member, has resigned in order to relocate out of state. Mayor GUERBER would like to make an appointment on May 9, 1989, at the council meeting. Mayor GUERBER would like to have recommendations Friday before the meeting. AL COURTIAL REQUEST FOR COUNCIL TIME: Presented a document for council record. (attached). Mr. Courtial also requested that the council and city attorney review the document and correct it at the May 9, 1989 meeting. SPRING CLEANUP.. President of Chamber of Commerce, Tom Gilbert advised council of the May lst-6th spring cleanup week, Eagle will participate specifically May 6th. The clean up week is a state wide effort, and Mr. Gilbert believes that the state provides the liability insurance. MAYOR'S REPORT.' Would like to thank Wright Bros. for volunteering to correct the overhead problem. Additional work in planning stages to correct the culvert, the National Guard and Army Reserve to work on the landscaping and exterior needs of the building. PARKS REPORT.. MATLOCK has asked Jerry Wagner to take care of the parks this year. He will be mowing, watering, fertilizing etc. until mid June when the youth take over and again in September after the youth crew has gone. MATLOCK requested the document presented by Courtial be read by, him, in order to be included in the minutes. Mayor GUERBER stated that the city has made a decision regarding the building and will stand by that decision and move on with the completion of the building. WALKER concluded that he considers the matter closed, resolved, finished. The meeting was done in an orderly manner, a proper manner. The City of Eagle, who has the contract on the building, and the right to make the decisions, made the decision. To go back on that decision would be a gross miscarriage of fairness and justice and would open us to litigation. Considering all the changes that took place, all the people and volunteers involved, it is a miracle the city came within a few thousand dollars of completion of this building. CLAIMS AGAINST THE CITY: Moved by MINOW and seconded by MATLOCK to approve the claims as presented. ALL AYE: MOTION CARRIED. Moved by MINOW and seconded by WALKER to adjourn the meeting. The time was 8:40 p.m. Respectfully submitted: Approved: Mayor Steve Guerber 5 ,c/atre_R,5;-/-F7. Gentlemen: ,„, („A. r April 25, 1989 1. On June 14, 1988 the regular City Council Meeting adjourned at 8:50 p.m. Executive Session was held from 8:50 p.m. until 10:45 p.m.; this Executive session ended at 10:45 p.m. The regular session resumed and ended at 10:50 p.m. 2. Attendees at the Executive Session were: Mayor Guerber, Councilmembers Minow, Walker, and Matlock; Barbara Montgomery, City Clerk; Mr. Mike Moore, City Attorney; Carlyle Briggs, B&A Engineers; Mr. Jim Gipson, Project Architect; A.W. Courtial, Project Supervisor. 3. During this meeting, Mr. Courtial presented the document "Substantial Completion Status" of the City Halltommunity Center. This discussion was to be limited to clarificatj n and questions relating to the Substantial Completion Punchlist (see attached document) 4. Mr. Minow assumed the chair role and formally made comer mittments with _ Gipson/Connally_ relating to the attached document. These committRients.._wers_�se.Leoative and discretionary including money owed by ,the cont.r.actor to remedy errors or ommissions of the contract. V/5. Under Section 67-2345 of the Idaho Code, Executive Sessions Paragraph #3: "no Executive Session may be held for the purpose of taking final action or making any final decision". Section 67- 2347 (Violations) states: "any action taken at any meeting which fails to comply with the provisions of Section 67-2340 through 67-23456 IDAHO CODE shall be null and void." 6. To my knowledge,there has not been any open public meeting relating to this document. Furthermore, a vote on action to be taken has not been recorded. Additionally, there is no record of legal advice to the City Administration relating to a course of action regarding this document. 7. The attached document (Substantial Completion Punchlist) is submitted for the record of The City of Eagle for the June 14, 1988 meeting. Respectf 11 A4/ A.W. Courtial Ex—Project Supervisor encl: SUBSTANTIAL COMPLETION STATUS OF CITY HALL/COMMUNITY CENTER MAY 26, 1988 (Revision 7/7/88) CA.ta-