Minutes - 2016 - City Council - 09/19/2016 - RegularEAGLE CITY COUNCIL
Special Meeting Minutes
September 19, 2016
1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 3:00 p.m.
2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Mayor Ridgeway leads the Pledge of Allegiance.
4. EXECUTIVE SESSION: §74-206 - 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 onthe motion and the vote shall be recorded in the minutes. An
executive session shall be au orized by a two-thirds (2/3) vote of the governing body. An
executive session may be held:
A. I.C. 74-206(1)(c) To acquire interest in real property which is not owned by the
agency. Dry Creek Trail Easement
Mayor introduces the issue.
Kunz: I would move pursuant to I.C. 74-206(1)(c) that we go into Executive Session
for the purpose of discussing acquisition of interest in real property which is not
owned by the agency, specifically the Dry Creek Trail Easement. Seconded by
Soelberg. City Attorney McLain: I would ask for an amendment to add
subparagraph (f) litigation. Kunz: I would amend my motion include section (f)
pending or threatened litigation. Second concurs. City Attorney: Just for the
record, this is a time sensitive discussion topic that the City needs to have prior to
the meeting next week. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE.
ALL AYES: MOTION CAI2RIES...................
Council goes into Executive Session at 3:03 p.m.
Council discusses Dry Creek Trail Easement.
Council leaves Executive Session at 3:55 p.m.
5. OLD BUSINESS:
A. Discussion of Proposed Easement for the Dry Creek Trail: A discussion regarding
a potential Easement for the Dry Creek Trail. (SR)
Mayor: we are out of executive session and the City Attorney has a statement to go over.
City Attorney McLain: I am going to briefly summarizes what the City has agreed to put
in an easement to offer to the Nazarene Church of Eagle. As far as the terms that have
been under discussion the City agrees to provide replacement trees as well as landscape
trees along the pathways as the Parks and Recreation and the City deem appropriate; the
City agrees to light the pathway as previously discussed which were 5' bollard style or
similar style lights, solar energized; the City does agree to two large lights at the ends of
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the pathway so long as they are solar, basically an unwired lighting system; the City
agrees that a fence and the installation of gates are allowed at the Church's expense; the
City agrees to utilize if it does receive the Federal Grant for the tiling of the Ballantyne
Ditch in its entirety; the City agrees to the memorial stone as previously stated; the City
agrees to the Church's request to replace their grievance language with enforcement
language by both parties; and the City agrees that the Church can receive open space
credit for the pathway.
General Council discussion.
Mayor: If it is okay with the Councilmembers I would ask the Church if they want to say
anything.
Council discussion.
Mayor: (to the Church) would you like to take a few minutes?
Mayor calls a recess at 3:58 p.m.
Mayor reconvenes at 4:10 p.m.
Mayor: We would like to have a representative from the Church respond.
Pastor Bunn: we agree to all of the conditions with the exception of two. We would like
a gravel or pea gravel barrier that would be along the 3' on the eastern edge of our
property. We think that could be a weed barrier that would go the entire length. We
would be open to whether that is pea gravel or regular grave. We would work with the
City to come to an agreement on that. As far as the fence, we would like to go back to
our original fence that we talked about when I showed pictures in the Power Point. It was
an 8 strand %2" cable fence. The expense would be $62,000 up to $100,000. I would like
us to talk about what that fence would be like. This would help have a demarcation with
the public and the private area and also ingress and egress into the Church. I would like
to have Councilmembers talk to us about that.
General discussion on the fence issue.
Mayor: I would entertain a motion to go into Executive Session.
Kunz: I move that we go into Executive Session as per I.C. 74-206(1)(c) to discuss
acquisition of real property which is not owned by the agency, specifically the Dry
Creek Trail Easement. Seconded by Preston. Bastian: AYE; Preston: AYE; Kunz:
AYE, Soelberg: AYE. ALL AYES: MOTION CARRIES ...................
Council goes into Executive Session at 4:25 p.m.
Council discusses the Dry Cr�ek Trail Easement.
Council leaves Executive Session at 4:35 p.m.
City Attorney McLain: Mr. Mayor and Council, obviously the record clearly indicates
what the matter was for discussion which was the fence matter. The City has identified as
a term of the easement they i�ould allow fence and gates and the City would match dollar
for dollar up to $10,000 or w�ichever is less. So if the fence is less than $20,000 we will
match dollar for dollar of that cost. If it exceeds $20,000 the City will match up to
$10,000 for the provision of a fence and gates. The pea gravel will be part of the general
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maintenance by the Parks Department. The fence will actually be gifted to the Church
because it is going to be sitting on Church property so thereafter it will not be further
maintained by the City, it is basically that we agree to help pay for the construction of it.
Pastor Bunn: We are thankful for the City. So we have agreed on the terms and we are
excited about how this might impact both the public and private.
General discussion on the types of gravel on the pathway and further general discussion.
Mayor: we will have that agreement finalized and the Church and the City Attorney will
look at that and if the terms are agreeable it will be on our next Consent Agenda..
6. ADJOURNMENT:
Mayor: I would entertain a motion to adjourn. Bastianso moves. Seconded by Soelberg.
Mayor: we are adjourned.
Hearing no further business, the Council meeting adjourned at 4:45 p.m.
Respectfully submitted:
aci
SHARON K. BERGMANN
CITY CLERK/TREASURER
APP OVED: I
STAN RIDGEWAY
MAYOR
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD
AT WWW.CITYOFEAGLE.ORG.
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