Minutes - 2002 - City Council - 11/12/2002 - Regular OR/G/Nd
EAGLE CITY COUNCIL 'l C
Minutes
November 12,200
PRE-COUNCIL AGENDA 6:30 p.m:7:30 p.m.
I. Linda Butler,Arts Commission, discusses the proposed Eagle Arts Commission brochure,the
Reid Merrill Park Public Art Project and the Grant Application form. These documents are in
draft form and will be reviewed by the City Attorney. I would like to get approval of everything
at your November 26th meeting. General discussion.
1. Ada County Sheriff's Office: Sgt. Pat Schneider will present the monthly report for October.
Sgt. Schneider distributes the monthly report and discusses the same. Discussion on the radar
trailer being parked on Palmetto. General discussion. Discussion on standard operating
procedure when there is an accident to keep traffic moving. General discussion.
2. Mark Miller will give a presentation on recycling. Mark Miller gives a presentation on
recycling. Mark works at HP as an environmental coordinator. General discussion.
Ron Marshall, discusses recycling and the 90 gallon containers proposed by BFI.
Delores Creed, discusses recycling.
Angel Deckers, discusses recycling.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order at 7:40 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. All present. A
quorum is present.
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.
• All design review applications will be appealed by the Zoning Administrator to the
City Council for their review and approval.
A. Claims Against the City.
B. Minutes of October 16, 2002.
C. Minutes of October 22, 2002.
D. Findines of Fact and Conclusions of Law for CU-8-02—Conditional Use
Permit- North Star Charter School: North Star Charter School,represented
by Gale Pooley, is requesting conditional use approval for a new charter school
facility for grades kindergarten through eighth(approximately 270 students). The
Page I
K:COUNCIL k MINUTES\Temporary Mmates Work Area\CC-II-12-02min.doc
site is generally located on the east side of Park Lane approximately 350-feet
north of Floating Feather Road(located upon Lot 1,Block 1, within Cavallo
Estates Subdivision). (WEV)
E. Resolution 02-14: A resolution of the City of Eagle, Idaho, amending the policy
on the keeping, storing and destroying of city records,proceedings and
documents consistent with Idaho Code 50-907. (SKM)
F. Re-appointment to the Historical Preservation Commission: The Mayor is
requesting Council confirmation of the re-appointment of Geneva Trent to a 5
year term and Weldon Fisher to a 3 year term. (RY)
Merrill removes Item#4E from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek.
ALL AYE: MOTION CARRIES
4E. Resolution 02-14: A resolution of the City of Eagle, Idaho, amending the policy on the
keeping, storing and destroying of city records,proceedings and documents consistent with Idaho
Code 50-907. (SKM)
Mayor introduces the issue.
Merrill: The City Attorney has advised me that we need to make sure that our insurance policies
are kept and not destroyed. General discussion.
Bastian moves to approve Resolution 02-14 with recommendation that the insurance
policies be added to the documents that need to be archived. Seconded by Merrill. ALL
AYE: MOTION CARRIES
5. FINAL PLATS:
A. FP-13-02—Final Plat for Timberland Estates Subdivision(formerly Countryside West
Subdivision)—Ramon&Marilyn Yorgason: Ramon and Marilyn Yorgason,represented by
Steve Arnold with Briggs Engineering, Inc.,is requesting final plat approval for Timberland
Estates Subdivision(formerly Countryside West Subdivision), a 18.68-acre, 22-lot(18-buildable,
4-common)residential subdivision located north of State Highway 44,approximately 1/2 mile
west of Ballanytne Lane at 2800 West State Street. (WEV)
Mayor introduces the issue.
Dave Yorgason,Capital Development, I am here tonight for final plat approval for Timberland
Estates Subdivision. Displays overheads and provides Council a review of the project. We agree
to the Staff Report and we request your approval.
Zoning Administrator Vaughan: The planning staff and the City engineer have had an
opportunity to review the final plat and have recommended approval of the final plat as it is in
substantial compliance with the design of the preliminary plat. A list of the conditions of
approval is noted in the staff report.
Merrill: On Item#7 on the noticing of the sign with no music,no dogs,contractors clean up
daily,can we also request that the developer/contractor's name and phone number are on the sign
so that the calls do not come into the City.
Bastian moves to approve FP-13-02—Final Plat for Timberland Estates Subdivision
(formerly Countryside West Subdivision)with Site Specific and Standard Conditions of
Approval. Seconded by Merrill. ALL AYE: MOTION CARRIES
Page 2
KICOUNCU.\MNUTES\Temporary Armies Work Area`CC-11-12-02ntdoc
6. ORDER TO SHOW CAUSE: Robert DeShazo shall be given the opportunity to present
a specific course of action and time line to bring code violations at 846 N. Eagle Road and 10255
Horseshoe Bend Road into compliance with Eagle City Code. This item was continued from the
September 10, 2002 meeting. (WEV)
Mayor introduces the issue.
Darrell Farnsworth,representing Robert DeShazo,distributes copies of the proposed timeline to
the Council. I want to thank Staff and the Council for their comments and the opportunity to
discuss this. This is the proposal that Mr. DeShazo has come up with. Basically we have to get
this done. Robert signed off on this. We are trying to use some of the materials at the Eagle
Road site. We think we can have this completed under these guidelines. We need a temporary
occupancy permit for the building at the Horseshoe Bend site so we can get some of the stuff out
of the sheds,destroy those. Clear and the grub site and get some stuff moved off in an orderly
manner. Get the materials off North Eagle Road, use them at the Horseshoe Bend site, get the
berms built around the front on Horseshoe Bend Road and create the site as best we can with
what we have to work with. We are moving the berm forward and putting in more trees.
Reviews the timeline. We need to get the landscape plan approved and a temporary occupancy
permit. General discussion.
Merrill: Have you had a chance to look at these conditions that Mr. DeShazo is offering and do
they fit in with the Design Review Modification?
Zoning Administrator Vaughan: I need to ask Mr. Farnsworth if they were provided a copy of
the Staff Report that was provided to the Council tonight. (Mr. Farnsworth states that they were
not) I believe if Items 1-4 follow the recommended conditions of approval within the Design
Review modification then yes,the conditions fit in with the Design Review modifications. Mr.
Farnsworth has not had an opportunity to review those conditions. If they are willing to live with
those conditions in the time frame established in Items 1-4, I think it would work. I think it
would be prudent to continue this item to have staff compare the proposed timeline from Mr.
DeShazo with the staff recommended timeline and also to provide Mr. Farnsworth time to review
staffs timeline. General discussion.
Merrill moves to continue this item to the November 26,2002,City Council meeting so the
parties can both review the information provided. Seconded by Bastian. Discussion. ALL
AYE: MOTION CARRIES
7. UNFINISHED BUSINESS:
A. Review and action on City Hall financing documents. (Buxton &Way)
B. Resolution 02-13:A resolution of the City of Eagle,Ada County, Idaho, approving the
execution of a municipal lease purchase agreement,between the City of Eagle and Wells Fargo
Brokerage Services,LLC; authorizing the Mayor and City Clerk to execute and attest the
municipal lease purchase agreement; and providing an effective date. (Buxton)
Mayor introduces Item#A and B.
City Attorney Buxton: We are ready to proceed,however, we do not have the completed
documents from the attorney representing Orix, the company providing the financing. We also
do not have a closing date set. The Resolution is ready to be approved but I prefer to have the
entire package of documents approved at the same time with a closing date scheduled .
General Council discussion. Council would like to schedule next Tuesday,November 19,2002,
as a special meeting to approve the City Hall financing.
Page 3
K^.COUNCIL- .UTES\Temporary Muwtes Work Area\cC-11-12-02ntdoc
City Attorney Buxton: The precedent at this point is that no taxing district has assessed taxes
against a project like this. General discussion.
Bastian moves to call a special meeting on November 19,2002,to consider the City Hall
financing documents. Seconded by Sedlacek. ALL AYE: MOTION CARRIES
C. Discussion regarding the configuration of the Council's workroom in the new City Hall
facility.
Mayor introduces the issue.
Council considers all options and the Council concurs on Option "C" for the configuration of the
Council workroom.
D. 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. This item was continued from the October
16, 2002 meeting. The public hearing was closed at that time.
Mayor: Earlier tonight in our Pre-Council we had a presentation from Mark Miller and others
that live in the area that deal with recycling. One issue tonight is to deal with the proposed
increase for the mandatory cart fee.
Council is not ready to discuss increases or decrease until they better input into the Contract with
BFI. Council directs the City Clerk to review the contract and find out the timeline to reopen the
Contract. Council feels there are some things that need to be done to customize the BFI contract
to the citizens of eagle both in fees and services. Council wants to look at contracts with other
surrounding cities. Council would like to appoint a citizens committee to review the recycling
issue and the contract with BFI involved in the process.
Sedlacek moves to have Council Member Guerber chair the recycling task force and review
the BFI Contract. Seconded by Merrill. THREE AYES: ONE NAY: MOTION
CARRIES
Further Council discussion.
E. Review and discussion of the lighting of the eagle sculpture generally located on the
northeast corner of the Highway 44 and Eagle Road intersection. (WEN')
Mayor introduces the issue.
Zoning Administrator Vaughan: I met with AD Lighting for a lighting proposal which you have
a copy of in your packet. Discussion on the lighting. General discussion.
Merrill moves to approve the proposal from AD Lighting for$1,124,00 for the lighting of
the eagle sculpture located at the northeast corner of Highway 44 and Eagle Road
intersection. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYE:MOTION CARRIES
Discussion on the Eagle's Nest Maintenance Agreement.
Guerber moves to approve the Eagles' Nest Maintenance Agreement with the stipulation
that the language be reviewed by the City Attorney before final signing by the Mayor.
Seconded by Sedlacek. Bastian:AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE:
ALL AYE: MOTION CARRIES
Page
KCOUNCIUMINUTES\Temporary Minutes Work Axe&CC-11-12-02ntdoc
F. Review and action on revised letters from Eagle Park and Pathway Development
Committee to Butch Otter and Monroc. (NM)
Mayor introduces the issue.
Merrill: These are the letters from the Pathway Committee. I spoke with Mr. Selvage and they
are in the process of turning over the easements to the City.
General Council discussion. Council is fine with the letters but would like staff to make sure the
address is appropriate for Mr. Otter's personal mail and that Monroc's name be changed to the
new company name.
8. PUBLIC HEARINGS: None
9. NEW BUSINESS:
A. Review and action on bid from Bright Ideas to remove the old light fixture and add 2
new light fixtures to the light pole in the City Hall parking lot. (SKM)
Mayor introduces the issue.
General Council discussion.
Merrill moves to approve the bid from Bright Ideas to remove the old light fixture and add
2 new light fixtures to the light pole in the City Hall parking lot in the sum of$1,250.00.
Seconded by Bastian. ALL AYE: MOTION CARRIES
B. Review and action regarding change order No.7 submitted by Jensen Belts Associates
for the Merrill Park pro ject. (SKM)
Mayor introduces the issue.
General Council discussion.
Bastian moves to approve Change Order No.7 submitted by Jensen Belts Associates for the
Merrill Park project in the amount of$6,313.49 for the transplanting of trees from the city
hall site to Merrill Park. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES
10. REPORTS:
A. Mayor and Council's Report:
Sedlacek: Vern Brewer is prepared to discuss the water negotiations.
Discussion on turning the existing City Hall building over to the Senior Citizen Center. The
seniors are thinking that the best use of the building would be to lease the city hall space out to
generate revenue for the senior center. It was not my intent to make the space available to be
leased out by the senior center. I thought the seniors need more room to carry on their activities.
General Council discussion. Council concurs that if the Seniors don't need the space the City
will lease the space or determine the use of the space.
Discussion on the appointment to the Board of Sage Idaho. I have relayed to them that at this
time the Council has other commitments and will not be able to appoint anyone to serve.
Possibly when there is a new Council Member they can devote the time necessary for this
position.
Discussion on the Ada County election. I would like to send a letter to Ada County about the
confusion of the precincts where residents voted in the last election. General discussion.
Council concurs to have Council Member Sedlacek send the letter.
Page 5
K\COUNCOMIINUTES\Tamposaey Minutes Work Arca`.CC-11-12-02nnadoc
Bastian: The Library is in the process of attracting candidates for Library Director. There are
three applicants to date and they all have Master's Degrees. The final decision will be made after
the December 8,2002,Library Board meeting. The applicants are not locally. General
discussion.
The Friends of the Library will be providing the furniture necessary for the self-checkout
systems.
The LYNX agreement was reviewed and an explanation of the cost share formula was explained.
General discussion.
Library still wants to know if the City will help with the advertising for the Library Director. I
told them that the Council agreed that this was the responsibility of the Library Board. The
Library Board Chairman will be sending each of you an e-mail to respond to the Library Board.
Merrill: Reports on Merrill Park. The playground equipment is wonderful. Discussion on the
rocks along the pathway. The grass is growing on the ball fields.
The Letters of Interest have gone out for the Hill Road Park.
The Fire Department has some people who would volunteer to see the BMX track done at the
Ada County Park.
Discussion on the pathways. We are real close on completing the pathway on the north side of
the Boise River.
Discussion on the applications that are before Design Review. We are still looking for another
member on Design Review.
I have been involved with Governor's Blue Ribbon Committee and I have given you copies of our
meeting summaries. Provides an overview of all of the topics being discussed. General
discussion. I will be providing you meeting summaries.
Guerber: No air quality meeting.
Mary Nordhouse,Fire District Commissioners has resigned. Tim Olsen who lives in Redwood
Creek is going to be the new Commissioner for the West area.
Discussion on the next Economic Development meeting.
Discussion on the ITD meeting scheduled for December 12,2002.
Mayor: Discussion on the restructuring of the Compass dues. This is going before the full board
on the 18s'. It is getting more controversial. You will be surprised when you see the numbers
that I will be bringing out. I will have the information for the Council at the next meeting.
General discussion.
City Attorney: It is my understanding that there has been no decision about who is succeeding
the Mayor. The City has no limitation in the City Code on how to proceed with the Mayor's
resignation. The Mayor can give a resignation letter with a date certain. If the Council decides
to appoint a Mayor from within then the new Mayor will need to appoint a new Council Member.
The City can advertise for the Council position. The newly appointed Mayor would make a
recommendation and Council would confirm the new Council Member. General discussion.
Council concurs the correct procedure would be to advertise for not only a Council position,but
also the position on the Planning and Zoning Commission and the Design Review Board by
requesting a Letter of Interest and a resume. A description of the position needs to be in the
advertisement. The Mayor and Council will review the Letter's of Interest and the Resumes.
Council concurs that it would be in the best interest of the City and the appropriate choice to
appoint the new Mayor from within the Council.
Council concurs to add this to the Special Meeting Agenda on November 19,2002.
Page 6
K\COUNCILWIINUTES\Tenponry Wilmer Work Area\CC-I1-12-02ndn doc
B. City Engineer Report: Vern Brewer discusses the Chase water rights. I have reviewed the
letter from the City's Attorney to the Chase's attorney and there is only one issue left and that is
cost of attorney's fees. The Hearing date is set on February 26, 2003. All issues not resolved
will be heard at that time.
Bruce and I met with the other contestants and asked them what their concerns were as to the
water rights. Most of their concerns were misunderstandings and we were able to deal with that.
There was discussion on monitoring the wells on private property. I was asked to assess a cost to
the monitoring. The risks to the City were unacceptable. Discussion on a way to monitor the
wells that is less labor intensive and less expensive. I will be getting cost together for the City.
C. City Clerk/Treasurer Report: Friday,November 15th the Statements of Interest are due for
the Hill Road Park.
The audit for Fiscal Year 01/02 is scheduled for December 11th— 13'h.
There was previous discussion about a gift/memorial for the retiring Library Director. Mayor
and Council President make a recommendation. It would be a good idea to talk to the Library
Board President. Do the presentation at the Christmas Party on December 13,2002.
Change Orders for Merrill Park. I talked to Bruce Taylor today and there will be 3 change orders
coming to the City: 1.Extension of time to December 131h-$8,215; 2. Trash enclosure-
$1,046.96; 3. Vault for water feature playground-$1,130. General discussion.
One other change order: to transplant the dogwood shrubs from the city hall site to Merrill Park
will cost$832.81 (20 shrubs @ $41.64). Does Council want to proceed to do this? General
discussion.
Guerber moves to authorize the planting of the dogwood shrubs located behind City Hall to
the Merrill Park. Seconded by Merrill. ALL AYE: MOTION CARRIES
D. Zoning Administrator's Report: Tomorrow the ACHD Commissioners are having a meeting
at 11:00 a.m. to discuss Plaza Drive. They previously made an offer on the property for
$380,000 based upon the appraised value. The property owner responded with a request for
$450,000. ACHD staff prepared a staff report on the development proposal and the three
options.
We have been making a diligent effort to follow up on temporary signs. Bach Photo is
consistently in noncompliance and a letter was hand delivered to them today. General
discussion.
Everything is on track with the 1st Street Parking lot. We should have the license agreement
from ACHD this week.
Discussion on Guho compliance on cleaning up their property.
E. City Attorney Report: Discussion on the signalized crossing-letters to ITD. It appears that
there is some real bias on lTD's part. General discussion.
I have met with Joann Butler on the United Water Contract and we are meeting again this week.
I have a draft contract from Joann Butler that I need to review.
10. EXECUTIVE SESSION:
A. Acquisition of private property: I.C. §67-2345 (C)
Bastian moves to go into executive session for the discussion of acquisition of private
property and pending litigation. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES
Page 7
IC COUNCE.UENU ES\Teagorary MIMICS Work AreaCC-11-12-02r®.doc
Council discussion on acquisition of private property and pending litigation.
Council leaves Executive Session.
Sedlacek moves to authorize the City Attorney to negotiate on the Wells Property with no
more than a 25% increase to be paid. Seconded by Merrill. Discussion. ALL AYE:
MOTION CARRIES
11. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES
Hearing no further business,the Council meeting adjourned at 10:00 p.m.
Respectfully submitted:
\1 OF 8.4
SHARON K. MOORE as t GCRPOBgT
CITY CLERIC/TREASURER * S
%0SEALI
APPROVED:
V'aOR Ail.
•.:'lie OF19P,o
apnun •.
. 9`'
RICK ZA TT, ,
MAYOR
Page 8
K:\COUNOLVANUTES\Temporary Minutes Work Atea\CC-11-12-02a®.doc