Minutes - 2014 - City Council - 09/26/2014 - Special EAGLE CITY COUNCIL
Special Meeting Minutes
September 26, 2014
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 1:00 p.m.
2. ROLL CALL: MCFARLAND, BUTLER, KUNZ, RIDGEWAY. Butler present by
skype. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA:
Kunz moves to add a consent agenda item #5D Resolution 14-22 creating a
Stakeholders Committee for the purpose of providing the Mayor and City Council
advice on the evaluation of Eagle Road/State Street intersection alternatives.
Seconded by McFarland. ALL AYES: MOTION CARRIES
5. CONSENT AGENDA:
♦ 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 City Council.
♦ 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. Appointment to the Parks and Pathways Development Commission:
Mayor Reynolds is requesting the appointment of Lynn Moser to fulfill a
vacated term. Mr. Moser's term will expire in March 2015. This item was
continued from the September 9, 2014 meeting. (JDR)
♦ B. Appointment to the Parks and Pathways Development Commission:
Mayor Reynolds is requesting the appointment of Scott Marshall to the
Commission. Mr. Reynolds will be fulfilling a vacated term that will expire in
March 2015.
♦ C. Appointment to the Planning and Zoning Commission: Mayor
Reynolds is requesting the appointment of Craig Soelberg to fulfill a vacated
term. Mr. Soelberg's term will expire in October 2015. (JDR)
♦ D. Resolution No. 14-22: A Resolution establishing a Stakeholders
Committee.
Mayor introduces the issue.
McFarland moves to approve the Consent Agenda, Items #A- #D. Seconded by
Kunz. McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES:
MOTION CARRIES
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Ridgeway: I would also like to add an item to the Agenda or I could just pass it out. It's a
copy of City (Code Section) Ordinance 1-5-5 which deals with duties of Council
Members. I don't know if you want to discuss it but I would at least like to pass this out
so people can take a look at as a reminder of what our duties are. Mayor: any objections
to passing this out? Having seen none there is no reason you can't do that for a
discussion at a later time. Ridgeway: sure. Ridgeway passes out copies of City Code
Section 1-5-5.
5. UNFINISHED BUSINESS:
A. Resolution 14-20 - Amendment to the Concession Agreement—Eagle Superparks
LLC: A Resolution Approving A Contractual Addendum Of The Concessions And
Exclusive Use Agreement For Recreation At Gateway Park By And Between The City Of
Eagle And Eagle Superparks, LLC; Authorizing The Mayor And City Clerk To
Respectively Execute And Attest Said Agreement; And Providing An Effective Date.
Mayor introduces the issue.
McFarland moves to approve Resolution 14-20 Amendment to the Concession
Agreement—Eagle Superparks LLC. Seconded by Butler. McFarland: AYE;
Butler: AYE; Kunz: AYE; Ridgeway: NAY: ALL AYES: MOTION
CARRIES
6. NEW BUSINESS:
A. Resolution 14-14—Communication Policy: A Resolution Of The City Of Eagle,
Idaho, Establishing A Policy For Communications Within And By The City; And
Providing An Effective Date. (SR)
Mayor introduces the issue.
General discussion.
McFarland moves to continue Resolution 14-14 to the next regular meeting for
discussion. Discussion. McFarland pulls her motion.
Kunz: I would make a motion that we remand draft Resolution 14-14 back to staff
for further working group investigation and feedback and working with interested
parties and that this be reworked and brought back to the regularly scheduled
October 28th Council meeting. Discussion: Kunz: I would include Ordinance 723 as
well. Discussion. Kunz: to be open for public discussion... Seconded by
McFarland. ALL AYES: MOTION CARRIES
B. Ordinance 723 — Repealing the Internal Communication Policy Ordinance: An
Ordinance Of The City Of Eagle, Ada County, Idaho, Repealing Section 1-11-3 Of The
Eagle City Code Relating To Internal Communications Policy; And Providing An
Effective Date. (SR)
Remanded to Staff by a previous motion.
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C. Resolution 14-19—Board/Committee/Commission Appointment Policy: A
Resolution Of The City Of Eagle, Idaho, Establishing A Policy For Appointment
Procedure For Boards/Committees/Commissions Within And By The City; And
Providing An Effective Date. (SR)
Mayor introduces the issue.
General discussion.
Kunz moves to remand draft Resolution 14-19 on the City's appointment policy
back to staff for rework and investigation and that the draft resolution come back
for the second regularly scheduled meeting of the Council on October 28th for
public comment. Seconded by Ridgeway. ALL AYES: MOTION CARRIES
D. Resolution 14-18—Reinstating stipend for Design Review Board Members: A
Resolution Of The City Of Eagle, Idaho, To Rescind Resolution 09-22 That Discontinued
Payment To Members Of The Design Review Board For Actual And Necessary Expenses
For Attending Regular And Special Board Meetings; And Reinstate The Expense
Payment Schedule For Design Review Board Members And Providing An Effective Date.
(SR)
Mayor introduces the issue.
General discussion.
McFarland moves to approve Resolution 14-18—Reinstating stipend for Design
Review Board Members. Seconded by Ridgeway. McFarland: AYE; Butler: AYE;
Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES
7. EXECUTIVE SESSION:67-2345 (a) (c) (f) Review of RFP for Prosecution
Services; Laguna litigation - City v. Jade Properties, Laguna Pointe HOA, and
Premier Industrial. - Lagerstrom et. al. v. City. - Executive sessions -- When
authorized. (1) An executive session at which members of the public are excluded may be
held, but only for the purposes and only in the manner set forth in this section. The
motion to go into executive session shall identify the specific subsections of this section
that authorize the executive session. There shall be a roll call vote on the motion and the
vote shall be recorded in the minutes. An executive session shall be authorized by a two-
thirds (2/3) vote of the governing body. An executive session may be held:
67-2345 (a) To consider hiring a public officer, employee, staff member or
individual agent, wherein the respective qualities of individuals are to be
evaluated in order to fill a particular vacancy or need. This paragraph does not
apply to filling a vacancy in an elective office or deliberations about staffing
needs in general;
67-2345 (c) To conduct deliberations concerning labor negotiations or to
acquire an interest in real property which is not owned by a public
agency;
67-2345 (f) To communicate with legal counsel for the public agency to
discuss the legal ramifications of and legal options for pending litigation,
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or controversies not yet being litigated but imminently likely to be
litigated. The mere presence of legal counsel at an
Mayor Reynolds introduces the issue.
McFarland moves to go into Executive Session in accordance with I.C. 67-
2345(a)(c)(f) review of RFP for Prosecuting Services, Laguna Litigation, City of
Eagle v. Jade Properties, Laguna Pointe HOA and Premier Industrial and
Lagerstrom et al v. the City. Seconded by Ridgeway. McFarland: AYE; Butler:
AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES
Council goes into Executive Session.
Council discusses RFP for Prosecuting Services, Laguna Litigation, City of Eagle v. Jade
Properties, Laguna Pointe HOA and Premier Industrial and Lagerstrom et al v. the City.
Council leaves Executive Session at 2:40 p.m.
Discussion on amending the Agenda.
Kunz moves that City of Eagle approve an agreement with the City of Boise to
provide Prosecuting Services to the City of Eagle for FY 2015 in a flat amount of
$59,000. Discussion. Kunz: I hereby amend my motion to include the transition
period with the current Prosecuting Attorney until the City of Boise can fully ramp
up by October 15 to complete the transition. McFarland: PASS; AYE; Butler:
AYE; Kunz: AYE; Ridgeway: AYE: MOTION CARRIES
McFarland: for the record I passed because I think we are doing a disservice by letting
Susie's firm off. I think she did a great job for us, it never cost us any money, all of the
fees that she brought in covered her costs. I just wanted it be on the record that I
supported Susie Mimura as our Prosecuting Attorney.
8. ADJOURNMENT:
McFarland moves to adjourn. Seconded by Ridgeway. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 2:50 p.m.
Respectfully submitted: ,,m„,
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SHARON K. BERGMANN c..) • +1 r�s
CITY CLERK/TREASURER
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I•PROVED: •'•. ��'y.:oloc* it%••••
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AMES D. RE DS
MAYOR
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Sharon Bergmann
From: Sharon Bergmann
Sent: Thursday, October 09, 2014 6:42 PM
To: City Council Grp
Subject: Minutes for meeting packet
Attachments: CC-09-26-14spmtg.doc
Attached are the September 26th Council meeting minutes. Agenda Item#6I on the October 14th meeting.
Sharon X. Bergmann, CV4C
City Clerk/Treasurer
City of Eagle
66o E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
1