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Minutes - 2020 - City Council - 10/22/2020 - SpecialORIGINAL EAGLE CITY COUNCIL SPECIAL MEETING MINUTES October 22, 2020 1. CALL TO ORDER: Mayor Pierce called the meeting to order at 3:00 p.m. 2. ROLL CALL: BAUN, GOLD, PITTMAN, PIKE. All present. A quorum was present. 3. PLEDGE OF ALLEGIANCE: Mayor Pierce led all present in the pledge of allegiance. 4. OATH OF OFFICE: A. ACTION ITEM. Appointment of Treasurer: The Oath of Office will be administered to Kellie Rekow, whose confirmation of appointment occurred at the October 13, 2020, meeting. Mayor Pierce administered the oath of office to Ms. Rekow. 5. PRESENTATION: A. Boise River Enhancement Network Presentation: Liz Paul, with the Boise River Enhancement Network, will present to the City Council about the organization's work removing weeds and planting native species at the future Woods Parks site in Eagle. Liz Paul presented a slide show of the work the Boise River Enhancement Network (BREN) has been doing at the future park site over the past few years. The work has been on the two ponds along the greenbelt south of the Renovare development. BREN is a non-profit organization and they have partnered with several local organizations during this process. They hope to plant more vegetation and continue to partner in the improvements to this area. Councilmember Baun encouraged Ms. Paul to make a presentation to the Parks and Pathways Commission. The Council thanked Ms. Paul for her presentation and the work that BREN has been doing. 6. REPORTS: A. Mayor and Council Reports: No reports. B. City Hall Department Supervisor Reports: No reports. C. City Attorney Report: No report. 7. PUBLIC COMMENT 1: The Eagle City Council is taking remote public comment via Webex. Meeting login instructions are posted on https://www.citvofeagle.org/1698/Virtual-Meetings. If you just want to watch the meeting, without giving comment, please watch our livestream at httDs://www.citvofeagle.org/305/Citv-Agendas-Videos. This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times, the City Council may seek comments/opinions regarding specific City matters during this allotted time. This is not the time slot to give formal testimony on a public hearing matter, land use application, or comment on a pending application or proposal. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. No comments. 8. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. No requests. B. Mayor or City Council requests. No requests. 9. UNFINISHED BUSINESS: Page 1 K:\000NCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-20spmin.docx A. ACTION ITEM: Interagency Governmental Agreement for Waiver of Cost and Fees: Parks and Recreation Director Brandon "Beeg" Johnson is requesting approval for waiver of costs and fees between the City of Eagle and West Ada School District where neither party shall be obligated to pay to the other certain enumerated fees and charges. (BNJ) This item was continued from the October 13, 2020 meeting. Mayor Pierce introduced both Items A and B for discussion at the same time. Brandon Johnson, Parks and Recreation Director, addressed the City Council. He had met with both the Building Official, the Commercial Building Inspector and the Planning and Zoning Director regarding potential permit fees for any new construction for the school district. Based on the size and depth of each project, building permit fees for the school district could be between $50k and $100k and planning permit fees could be approximately $9k. Johnson further explained that there are no additional COVID related cleaning costs to the City for current activities Monday through Thursday. Any additional costs to the City would result from activities on Fridays or Saturdays for custodial time. Johnson reviewed potential district projects that had been given to him by the assistant superintendent for West Ada. There is no specific timeline for any project. Planning and Zoning Director, Bi11 Vaughan, was not aware of any fee waivers for the district or consistent action regarding like requests. Steven Wiesner, Commercial Building Inspector, was not aware of any waivers or similar actions either. Wiesner also stated that fees for the trades, plumbing, etc., would not be waived. Johnson stated examples of expenses the City would incur paying rental fees to the district for a range of programs. This agreement was modeled after another local municipality's agreement with their school district. Baun made a motion to approve Action Item 9A and 9B, the Interagency Governmental Agreement for Waiver of Cost and Fees and the Memorandum of Agreement for Joint Use of Sports Facilities. The motion was seconded by Pike. Roll call vote: BAUN, AYE; GOLD, AYE, PITTMAN, AYE; PIKE, AYE. ALL AYE...MOTION CARRIES. B. ACTION ITEM: Memorandum of Agreement for Joint Use of Snorts Facilities: Parks and Recreation Director Brandon `Beeg" Johnson is requesting approval for Memorandum of Agreement for Joint Use of Sports Facilities between the City of Eagle and West Ada School District. (BNJ) This item was continued from the October 13, 2020 meeting. This item was approved with Action Item 9A. C. ACTION ITEM: Discussion of nroverty formerly known of as The Landing Mayor Pierce opened the discussion and explained that the new owners of the property formerly known of as The Landing had opened a school. When notified, city staff reached out to the school and informed them there was a process to follow as they were in violation of City code. The school has begun the process to remedy that. The school has been given a temporary occupancy permit, initially in the City's name as the assessor's information had not updated with the sale of the property at the time of issuance. That permit has since been re -issued in the new owner's name. The school is currently working through the zoning process. The temporary occupancy permit has applied limitations on occupancy and does not allow any changes to the building until zoning issues are resolved and a permanent occupancy permit has been issued. Steven Wiesner, Commercial Building Inspector, stated that when code violations are discovered, the City tries to work with the project rather than place a stop work order on it. If the project is not trying to come into compliance with code, the work will be stopped. Concerns were expressed regarding City liability and legal counsel stated that the City does not become a guarantor because a permit has been issued. Additional concerns of bias and not following the proper steps were expressed and discussed. Additional discussion followed. No action was taken on this item. Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-20spmin.docx 10. PUBLIC HEARINGS: The Eagle City Council is taking remote public testimony via Webex. Meeting login instructions are posted on httas://www.citvofeade.ore/1698/Virtual-Meetinas. If you just want to watch the meeting, without giving testimony, please watch our livestream at httos://www.citvofeaale.orO/305/Citv-Aeendas-Videos. • Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony regarding the application or issue before the City Council. This testimony will become part of the hearing record for that application or matter. • Disclosure of ex parte and/or conflict of interest. A. ACTION ITEM: ZOA-02-20 (Ordinance No. 827) — Zoninw Ordinance Amendment — City of Eagle: An ordinance of the City of Eagle, Ada County Idaho, amending Title 8 "Zoning", Chapters 1, 2 & Article 2A, 3, 4, 7, 10, and amending Title 9 "Land Subdivisions", Chapters 2, 4; providing a severability clause; and providing an effective date. (WEV) This item was continued from the October 13, 2020 City Council meeting. Bill Vaughan, Planning and Zoning Director, re -introduced the amendment and read the definition of the final change that was discussed at the prior meeting. No other comments. Mayor Pierce closed the public hearing. Pittman moved, 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 #827 be considered after being read once by title only. The motion was seconded by Gold. All ayes, motion carried. Pittman moves that Ordinance #827, an ordinance of the City of Eagle, Ada County Idaho, amending Title 8 "Zoning", Chapters 1, 2 & Article 2A, 3, 4, 7, 10, and amending Title 9 "Land Subdivisions", Chapters 2, 4; providing a severability clause; and providing an effective date, be adopted. The motion was seconded by Pike. ALL AYE.., MOTION CARRIES 11. NEW BUSINESS: A. ACTION ITEM: ale City Code Amendment: Discussion and possible action regarding amendment to Eagle City Code Title 1- Administration Chapter City Officers and Employees (MG) Discussion regarding differing language between City Code and the City Personnel Policy regarding appointed officials and supervisory titles. Legal Counsel will work with the City Clerk to bring back some suggestions and definitions to clarify the different positions and help determine whether the code, the personnel manual or both need to be amended after which the City's organizational chart will be updated to match. B. ACTION ITEM: Mayor's Youth Advisory Council: Discussion and possible action regarding the creation of a Mayor's Youth Advisory Council. City Council discussed efforts to re-establish the Mayor's Youth Advisory Council. Staff will research the history and see if an earlier resolution was passed forming MYAC and proceed from there. C. ACTION ITEM: Chamber of Commerce Appreciation Week Proclamation: (JP) Baun moved to approve the Chamber of Commerce Appreciation Week Proclamation. The motion was seconded by Pittman. ALL AYES, MOTION CARRIED. Mayor Pierce read the Proclamation. D. Update on City Initiated Comprehensive Plan Amendment: Staff will update the Council on the proposed process and future workshops. (NBS) Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-20spmin.docx Nichoel Baird Spencer, Planner, discussed creating a schedule and process for the comprehensive plan amendment and the necessary council involvement. An economic development workshop will also be planned to run concurrently with the beginning stages. 12. EXECUTIVE SESSION: I.C. §74-206 WHEN AUTI-IORIZED. (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: A. I.C. § 74-206 (f) - Pending/Threatened litigation: To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Gold made a motion pursuant to I.C. § 74-206(f) that the City of Eagle go into executive session for the purpose of - Pending/Threatened litigation: To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The motion was seconded by Pittman. Roll call vote: Baun, aye; Gold, aye, Pittman, aye; Pike, aye. ALL AYE...MOTION CARRIES Council entered executive session at 4:45 p.m. Council discussed pending/threatened litigation. Council exited executive session at 5:00 p.m. 13. ACTION ITEM. The City Council to direct legal counsel to act on the pending or threatened litigation discussed in the executive session. Baun made a motion to authorize the mayor to sign the agreement as identified. The motion was seconded by Pittman. ALL AYE, MOTION CARRIES. 14. ADJOURNMENT: Baun made a motion to adjourn. The motion was seconded by Pittman. ALL AYE.. MOTION CARRIED. Hearing no further business, the 9,1041ia i esfi'rrv,adjourned at 5:05 PM. p�4�R9� _ �•:fir= TRACY OSBORN, CMC 1... et �� .•' CITY CLERK J'� °4SEAL 1 i 4.?^ri::••+..0 .,''q/ OF19 „ `, ..... , Respectfully submitted APPROVED: N PIERCE MOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAG LE.O RG. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area \CC-10-22-20spmin,doex 10/23/20 To: Liz Paul, BREN From: David Kordiyak, Wetland Biologist RE: Notes on City of Eagle Wood's Park Ponds Plant Community Composition. On October 23, 2020, I walked the City of Eagle Wood's Park ponds to see the willows planted on the shorelines by BREN. I counted visible tree and shrub stems to get a rough estimate of the willow and tree composition in the green zone. I found Pacific willow (Salix lasiandra) and yellow willow (Salix lutea) are dominant. They made up 55% of stems counted, followed by coyote willows (Salix exigua) 12%, black cottonwood (Populus trichocarpa) 11% and catalpa (Catalpa speciosa)11%. The remaining 10% was composed of green ash (Fraxinus pennsylvanica), silver maples (Acer saccharinum) and false indigo (Amorpha fruiticosa) made up the remaining 10%. In general, a diverse shrub/tree community is establishing along the planted shores of Ponds 1 and 2 dominated by Pacific and yellow willows with a lesser component of coyote willows, black cottonwood and catalpas present. Although seedlings were not included in the stem counts, it should be noted there are also a large number of black cottonwood seedlings establishing in these areas. As the seedlings grow to saplings, they will likely become a dominant component of the native plant community. See photographs attached. Coyote willows with narrow leaves (on left) are present but only make up a small percent of the plant communities along the shoreline planted. Planted Pacific and yellow willows are establishing along the shorelines. Good willow growth was observed on the northside of the pond.