Minutes - 2002 - City Council - 10/16/2002 - Regular EAGLE CITY COUNCIL OR I G I NA L
Minutes
October 16, 2002
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
City Attorney, Susan Buxton,gives a brief report, as she needs to leave the meeting early.
Wells Fargo has reviewed and made changes to the resolution. The City Attorney just received
these changes yesterday. The resolution will need to be continued to the October 22nd meeting.
Discussion regarding the Chase water right, and ongoing negotiations.
Buxton requests that an executive session be added to tonight's agenda to discuss pending
litigation.
Holladay Engineering and Moore, Smith,Buxton, &Turcke have been working on the United
Water contract, it will come before Council on October 22nd.
Buxton has had contact with Idaho Power and they are exploring different issues regarding the
placement of these high voltage transmission lines and distribution lines. Discussion.
Buxton has reviewed case law for franchise fees, and relays her findings.
1. ZGA will review the building plans for the new city hall project. (5:30—6:30)
Tom Zabala addresses Council and states that obviously their schedule will be altered due to the
statements made above by the City Attorney. The schedule should a week off now. They will
adjust their bid schedules and go ahead and submit plans to ACHD,the City Building
Department, and Eagle Sewer District. Discussion regarding bid documents, site conditions and
building specifications. Council would like the landscape elements in the island moved to
Merrill Park now, while the weather is good. Don Belts is to examine the site and see what
elements Merrill Park can accommodate. ZGA will look into it and get a recommendation as to
what could be moved and survive. Discussion regarding the time capsule,city seal location,
interior millwork,dais configuration, and heat register location. Discussion regarding the
surveying of the site. It is decided the contractor will be responsible for it.
Larry Sales with ACHD addresses Council. Mr. Sales distributes a memo regarding tree planting
guidelines which the City may wish to be incorporated into Eagle City Code.
2. Mayor and Council's Report: Sedlacek notes the James Heath passed away last week,and as a
result there is an opening on the Sewer District Board. Bastian discusses that there have been
challenges getting the City Attorney and representatives from Boise City and the Consortium
together regarding the LYNX agreement. Victor Ramierez,Vice-Chairman for the Library
Board of Directors, has spoke with Susan Buxton regarding the LYNX agreement and she will be
meeting with Mr.Wickham. Discussion regarding the need for future notice of such drastic fee
increases. Merrill will be meeting with the interior designer for City Hall tomorrow. Menill
discusses her role on the Blue Ribbon Committee on which she has been appointed by the
Governor. She reports on the Design Review Board meeting last week, the Visionary Committee
meeting, and the Parks Committee meeting. Guerber discusses the Air Quality meeting he
attended last week.
3. City Engineer Report: None
4. City Clerk/Treasurer Report: Deputy Clerk notes that the financial reports have been
provided for their review. A report on the Arbor Day Plant a Tree program was also provided for
review. Merrill seeks and receives Council consent to offer a FeatherNest homeowner a tree
voucher as they disagree that the requirement to plant a tree is their responsibility. The
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homeowners feels it is either the Builders,Developers or the City's responsibility to see that the
tree is planted.
5. Zoning Administrator's Report: None
6. City Attorney Report: see above
Mayor calls a 5 minute recess.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Meeting called to order at 7:40 p.m.
2. ROLL CALL: Present: MERRILL,BASTIAN, SEDLACEK, GUERBER.
3. PLEDGE OF ALLEGIANCE:
4. 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 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. Claims Against the City.
B. Minutes of September 24,2002.
C. Minutes of September 30,2002.
D. Lions World Sight Day Proclamation: A proclamation declaring October 10,
2002 as Lions World Sight Day and recognizing October 191h the Eagle Lions
Club's effort to seek contributions of used eyeglasses at the Great Pumpkin
Shootout. (SKM)
E. Appointment to the Historical Preservation Conunission: The Historical
Preservation Commission is seeking to confirm the appointment of Diane Scott
to the Historical Preservation Commission. (SKM)
F. Findings of Fact and Conclusions of Law for FPUD-4-02 & FP-12-02—Final
Development Plan and Final Plat for Two Rivers Subdivision No.5—T.R.
Company LLC: T. R. Company LLC,represented by Dan Torfin, is requesting
final development plan and final plat approval for Two Rivers Subdivision No.
5,a 47-lot(38-buildable,9-common)residential subdivision. This 20.82-acre
phase of Quarter Circle Ranch PUD is located on the west side of Eagle Road
approximately 1600-feet south of State Highway 44. (WEV)
G. Final Plat Extension of Time for Yorkshire Acres Subdivision- Robert
DeShazo Jr./Berkshire West: Robert DeShazo Jr./Berkshire West,represented
by Douglas W.Landwer, is requesting a one-year extension of time for the final
plat for Yorkshire Acres Subdivision. The 4.64-acre, 15-lot (13-buildable,2-
common)residential subdivision is located on the south side of East Floating
Feather Road, approximately 900-feet west of Horseshoe Bend Road. (WEV)
Sedlacek removes item 4G from the Consent Agenda. Guerber removes item B.
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Bastian moves to approve the consent agenda as amended. Seconded by
Merrill. ALL AYE...MOTION CARRIES.
4B. Guerber states that he was absent and needs to abstain from voting on this item.
Merrill moves to approve the minutes of September 24,2002. ALL
AYE..GUERBER ABSTAINS. MOTION CARRIES.
Sedlacek states that there is a weed issue that concerned her. She contacted Doug
Landwer,the applicants representative to discuss the matter. He stated that the
weeds were scheduled to be mowed this week,and would have no objection to this
item being continued to the next meeting to verify that the weed issue had been
eliminate.
Sedlacek moves to continue Final Plat Extension of Time for Yorkshire Acres
Subdivision Robert DeShazo Jr./Berkshire West to the October 22,2002
meeting. Seconded by Merrill. ALL AYE...MOTION CARRIES.
Mayor notes that the agenda needs to be amended,an executive session needs to be
added as item 9, with adjournment becoming item 10.
Merrill moves to amend the agenda to add item 9 Executive Session to discuss
pending litigation. Seconded by Guerber. ALL AYE..MOTION CARRIES.
5. FINAL PLATS: None
6. PUBLIC HEARINGS:
A. CU-8-02—Conditional Use for a Charter School Facility- North Star Charter School:
North Star Charter School,represented by Gale Pooley,is requesting conditional use approval
for a new private school facility for grades kindergarten through eighth(approximately 270
students). The site is generally located on the east side of Park Lane approximately 350-feet
north of Floating Feather Road(located upon Lot I,Block 1,within Cavallo Estates
Subdivision). (WEV)
Mayor introduces the item.
Mayor opens the public hearing.
Mayor swears in Mr. Pooley.
Mr. Gale Pooley 5713 N. Hill Haven Place Star, Idaho. Pooley notes that the agenda states that it
is a private school,but that it is indeed a public school. Mr. Pooley reviews the application.
Lowe presents the staff report.
Mayor swears in Mr.Miller.
Mark Miller 646 Palmetto Rd.Eagle, Idaho. Mr. Miller asks if the impact these additional trips
on Park Lane have been analyzed?
Council states that ACHD has provided comment.
Bastian states that written comment was received expressing concern with the impact on traffic,
quality of life,trash,pollution this letter is signed by Wes and Cindy Jones, and Rod and Katie
Lamm. This letter is attached to the minutes.
Mr. Pooley rebuts public comment regarding traffic impact. States that ACHD has accessed the
capacity of the road and they find it will be sufficient. Discussion.
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Mayor swears in Mr. Butler.
Mark Butler 52 N. Second Street Eagle,Idaho. Mr.Butler comments on the landscape buffer of
the neighboring church,the design of which is being continued on this project.
Mayor closes the public hearing.
Discussion amongst the Council.
Guerber moves to approve CU-8-02—Conditional Use for a Charter School Facility- North
Star Charter School with site specific recommendations,as well as the stipulations set
down by Planning and Zoning. Seconded by Bastian. ALL AYE...MOTION CARRIES.
B. BFI is proposing the following changes to their Standard Service: 1. Standard Service
will change to Standard Service with a Cart. 2. Customer who are now paying for a cart will see
a$1.56 decrease in the monthly charge. 3. Customers not currently using this service will see a
$1.56 increase in the monthly charge. BR understands that carts will not work in certain
residential situations and exemptions will be made. (SKM)
Mayor introduces the item.
Mayor opens the public hearing.
Mayor swears in Mr.Fisher.
Dave Fisher 2474 E. Heathfield Ct.Eagle, Idaho. Mr. Fisher is the General Manager with BFI.
He provides Council with information obtained from Eagle residents regarding this issue. Mr.
Fisher discusses recent injuries which have occurred on the job for BFI employees, and the
soaring costs of insurance premiums. BFI is always seeking ways to prevent injuries.
Discussion regarding establishing exemption criteria.
Mayor swears in Mr. Nodel.
Don Nodel,798 Eagle Hills Way Eagle, Idaho. Mr. Nodel states he was told that even if an
exemption was granted, the fee increase would still have to be paid. States numerous people
with the wheeled carts leave them on the street after they were dumped. And is concerned with
getting such a large cart to fit in his garage.
Mayor swears in Mr. Adams.
Tim Adams 238 Mission Dr. Eagle,Idaho. Mr. Adams is opposed to this proposal. The cans are
too large and he has already purchased his containers. Mr. Adams states the fees have increased,
and are not in line with what is being charged in Boise. Discussion.
Mr. Miller is still under oath from earlier tonight.
Mark Miller 646 Palmetto Dr.Eagle, Idaho. He is not opposed to BFI trying to protect their
drivers. But is opposed to this proposal for other reasons. Feels that BE is sending the wrong
message,and that the recycling program should be promoted more. Eagle could seize this
opportunity to promote recycling. He is willing to offer his services to look at ways to increase
recycling through education and promotional practices.
Guerber asks if Mr. Miller would be willing to give a presentation at a pre-council meeting
regarding recycling. Mr. Miller agrees to this.
Mayor swears in Ms. Wood.
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Kristy Wood 1074 N. Hiltonhead Way Eagle,Idaho. Ms.Wood concurs with Mr. Miller's
comments. She does not feel that the carts will increase curbside appeal. Also feels the totes are
too large. States that to increase the appeal of recycling is a good idea.
Dave Fisher rebuts testimony.
Mayor closes the public hearing.
Sedlacek had contact with Daphane Ladd who would like the service to remain as it is, a Mrs.
Kendall who would consider a smaller can,and Dan Friend who does not want the additional
service, he states that he does not produce that much trash.
Discussion amongst the Council.
Merrill would like a citizens advisory committee created to review services in Eagle and those in
the surrounding area, as well as the costs. Sedlacek would like staff to call surrounding areas and
explore costs in neighboring cities, and also have Mr. Miller give his presentation at pre-council.
Bastian would like to explore other ways to deal with green waste.
Bastian moves to continue this item to the November 12,2002 Council meeting.In the
meantime BFI is to prepare a cost analysis for a possible rate increase as opposed to the
$1.56 for family reduction or increase. Seconded by Merrill. Discussion. Merrill would
like to have a citizens committee provide input regarding cost and size of cart. Guerber
moves to amend the motion to have the Mayor and Council President to put together the
group to do the investigation and bring their comments back to November 12`11 meeting.
Bastian concurs. ALL AYE...MOTION CARRIES.
Mayor calls a 5 minute recess.
7. UNFINISHED BUSINESS:
A. Discussion regarding current challenges with the construction of the Is`Street parking
lot. (VB)
Mayor introduces the item.
Elwin Butler with Holladay Engineering. Mr. Butler shows where an irrigation line has been
discovered, and explains the need to re-locate it. The cost should be around$2000. Butler also
explains the drainage issues which have arose due to the presence of existing wells. This item
would be a change order to the original contract.
Sedlacek moves to have the City of Eagle to move forward and authorize the engineering
firm to use item 6 to connect into the Ada County Highway Districts storm drain and move
forward with the project,and authorize myself to approach the Economic Development
Committee and the Chamber of Commerce to see if they'd like to donate to help offset
some of these cost. Seconded by Bastian. Discussion. Sedlacek clarifies that it includes
item A and B.,option 6. ALL AYE...MOTION CARRIES.
B. Review and approval of City Hall financing documents. Bud Way
Guerber moves to continue this item to the October 22,2002 meeting. Seconded by
Merrill. ALL AYE...MOTION CARRIES.
C. Discussion of Idaho's Brightest Stars awards.(RY)
Mayor introduces the item.
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Merrill moves to move this item to Executive Session. Seconded by Guerber. ALL
AYE...MOTION CARRIES.
D. Discussion regarding adding franchise fees for the Citv's municipal water system. (LS)
Mayor introduces the item. It was discussed at pre-council.
E. Approval of the Agreement for LYNX Consortium Services: (SEB).
Mayor introduces the item.
Bastian moves to approve the agreement with the LYNX consortium services contingent
upon the City Attorney meeting with a representative from the LYNX consortium and/or
the City of Boise representative to work out an agreement between the City of Eagle and
the Consortium. Seconded by Guerber. ALL AYE...MOTION CARRIES.
F. Discussion of and review of costs regarding the installation of a street light at the
intersection of Highway 44 and Parkinson.(SKM)
Mayor introduces the item.
Merrill moves to approve in the amount of$2,355.00 and an add alternate for sod repair
for$200. Seconded by Sedlacek. Guerber nay,Merrill aye,Bastian aye. Sedlacek aye.
ALL AYE...MOTION CARRIES.
8. NEW BUSINESS:
A. Discussion of FY 2004-2008 Transportation Improvement Program and the Five Year
work program. (WEV)
Mayor introduces the item.
Discussion amongst the Council.
Guerber move to accept the Planning and Zoning modifications with the following
modifications:
New additional item,the Plaza Street east extension is#1.
Floating Feather which was previously#8 is now#2.
#3 is the previous#2.
#4 is the previous#6.
#5 is the previous#3.
#6 is the previous#4.
#7 is the previous#10.
#8 is the previous#9.
#9 is the previous#6.
#10 is the previous#7.
#11 through#13 remain the same.
Seconded by Merrill.Discussion. Merrill would like to add#14 to extend Idaho Street east
to Stierman. Guerber accepts the amendment. Bastian would like to add#15 to extend
Aikens Street to Second Street. Guerber concurs as does the second. ALL
AYE...MOTION CARRIES.
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B. Discussion regarding the request from COMPASS to appoint a representative to be on
the Flood Mitigation Planning Project Steering Committee. (RY)
Mayor introduces the item.
Guerber moves to appoint Mike Mongelli to be Eagle's representative to the Flood
Mitigation Planning Project Steering Committee.Seconded by Merrill. ALL
AYE...MOTION CARRIES
C. Review and action regarding change order No.4 submitted by Jensen Belts Associates
for the Merrill Park project.(SKM)
Mayor introduces the item.
Discussion amongst the Council. Mayor and Merrill will meet with the contractor and architect
to discuss these change orders.
Merrill moves to continue this item to the October 22nd meeting.Seconded by Sedlacek.
ALL AYE...MOTION CARRIES
D. Review and action regarding the proposed lease agreement between the City of Eagle
and the Chamber of Commerce.(SKM)
Mayor introduces the issue.
Bastian moves to approve the lease agreement with the Chamber of Commerce for a cost of
$250 a month. Seconded by Merrill.GUERBER AYE,MERRILL AYE,BASTIAN AYE,
SEDLACEK AYE.
E. Appointment to the Air Oualitv Board: A citizen representative will be appointed to the
Air Quality Board. (SG)
Mayor introduces the issue. Discussion.
Guerber moves to continue this to the next meeting. Seconded by Bastian. ALL
AYE...MOTION CARRIES.
Bastian moves to go into executive session to discuss pending litigation and personnel
issues.Seconded by Merrill. GUERBER AYE; MERRILL AYE,BASTIAN AYE,
SEDLACEK AYE. MOTION CARRIES.
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9. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business,the Council meeting adjourned at 10:53 pm.
Respectfully submitted:
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CITY CLERK/TREASURER ?* ; a
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APPROVED: �'•.`�T'�:....• • �'r'�
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RICK ZA ATM ,
MAYOR
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