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Minutes - 2004 - City Council - 09/28/2004 - Regular ORIGINAl( EAGLE CITY COUNCIL Minutes September 28, 2004 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. City Facilitator's Report: Mick McCurry distributes his report to Council and discusses the same. Discussion on adding an additional expenditure for a Park sign at the Arboretum. General discussion. City Attorney to review To and Thru Agreement with United Water. Discussion on Hill Road Park and the baseball equipment. Talk to Jim Murray about the City having their own equipment in addition to the equipment provided by West Valley Little League. General discussion. 2. City Attorney Report: Idaho Humane Society contract report. A meeting is being scheduled with the Humane Society for next week and the contract will likely be extended for a month. We need to have an Executive Session at the end of the Meeting. 3. Zoning Administrator's Report: Discussion on Alderwood Village set backs and front entry garages. 4. City Clerk/Treasurer Report: Reminder that a special meeting is schedule for October 7, 2004 for awarding of the bid on Hill Road Park and meeting with the Developers on the RFP for the new city hall. Discussion on having a quorum at the October 12, 2004 City Council meeting. Council Member Nordstrom will call in to have a quorum. Discussion on Eagle Water providing the water to Hill Road Park. Discussion on Eagle Water's inability to provide service within their service area. 5. City Engineer Report: No report Mayor and Council's Report: Nordstrom: I have talked to Lynn Moser and I would be willing to take over the liaison position to the Sewer District. General discussion. Council concurs to have Scott take over this liaison position. Guerber: No Air Quality Meeting. Discussion on the air quality in the area. Mayor: Reports on the meeting she had with Colony Homeowner's Association Meeting. Reports on ValleyRide and the new contract. General discussion. Reports on the Compass Meeting. Thursday and Friday are the AIC Legislative Meetings. Sedlacek: Discussion on Scott being the liaison to the Sewer District. Mayor: Discussion on setting Halloween on Saturday night. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Bastian is absent. A quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: None Page I K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-28-04min.doc 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 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 7,2004. C. DR-66-04 - Two StOry Multi-tenant Office Buildine - Scott Snyder: Scott Snyder is requesting design review approval to construct a two (2) story, 6,761-square foot multi- tenant office building. The site is located south of East State Street at 675 East State Street, approximately 225-feet west of Palmetto Avenue (Lot 1, Block 1, Periwinkle Subdivision). (WEV) D. DR-72-04 - Two Multi-tenant Limited Industrial Buildines - Mark Guho: Mark GOOo, represented by Kent Krohn with LKV Architects, is requesting design review approval to construct two (2) multi-tenant, limited industrial buildings. One building is proposed to be 8,870-square feet and the other building is proposed to be 5,766-square feet. The site is located on the west side of South Edgewood Lane approximately 400- feet north of East State Street at 347 South Edgewood Lane. (WEV) E. DR- 73-04 - Master Sien Plan for Two Multi-tenant Limited Industrial Buildines - Mark Guho: Mark GOOo, represented by Kent Krohn with LKV Architects, is requesting design review approval of a master sign plan for two (2) multi-tenant, limited industrial buildings. The site is located on the west side of South Edgewood Lane approximately 400-feet north of East State Street at 347 South Edgewood Lane. (WEV) F. DR-88-04 - Convert a Church into a Restaurant and Office Buildine. includine a Buildine Addition - Jeremiah Properties: Jeremiah Properties, represented by James Gipson with James Gipson Associates, is requesting design review approval to convert a 3,894-square foot church into a restaurant and office building, including a 500-square foot building addition. The site is located on the west side of South Eagle Road approximately 150- feet south of State Street at 93 South Eagle Road. (WEV) G. Joint Powers Aereement between the Ada County Sheriff's Office. The Ada County Prosecutine Attornev's Office. and the City of Eaele relatine to Law Enforcement Services and Prosecutine Services. (SKB) H. Award of bid for manufacturine and installation of municipal park sien for Eaele Sports Complex. (SEB) I. Expenditure for leaf proeram and hazardous waste proeram mailine. Sedlacek removes Item #D and #F from the Consent Agenda. Guerber removes Item #H from the Consent Agenda. Page 2 K:\COUNClLIMINUTES\Temporary Minutes Work Area\CC-09-28-04min.doc Guerber moves to approve the Consent Agenda as amended. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES......... Sedlacek moves to amend the Agenda by adding Liquor Licenses for Simply Soft Computer Servo Inc., and Open Container Permit for Clone Management dba Buffalo Club to be used at the Treasure Valley Pumpkin Festival to the Consent Agenda. Seconded by Guerber. ALL AYES: MOTION CARRIES................... Guerber moves to approve the two items added to the Consent Agenda. Seconded by Nordstrom. ALL AYES: MOTION CARRIES.................. D. DR-72-04 - Two Multi-tenant Limited Industrial Buildines - Mark Guho: Mark GOOo, represented by Kent Krohn with LKV Architects, is requesting design review approval to construct two (2) multi-tenant, limited industrial buildings. One building is proposed to be 8,870-square feet and the other building is proposed to be 5,766-square feet. The site is located on the west side of South Edgewood Lane approximately 400- feet north of East State Street at 347 South Edgewood Lane. (WEV) Zoning Administrator Vaughan: Discussion on Site Specific No.2. Kurt Barats, a partner in the project, discusses burying the power distribution lines. General discussion. Sedlacek moves to approve DR- 72-04 - Two Multi-tenant Limited Industrial Buildings with the Standard Site Specific Conditions of Approval with the exception that Site Specific Condition No.2 be revised to state provide a revised site plan to show the location of the transformer generally located on the Southern portion of the site with conduit stubs outs to both Busters and Quick Lube property. Seconded by Guerber. ALL AYES: MOTION CARRIES........................ F. DR-88-04 - Convert a Church into a Restaurant and Office Buildine. incIudine a Buildine Addition - Jeremiah Properties: Jeremiah Properties, represented by James Gipson with James Gipson Associates, is requesting design review approval to convert a 3,894-square foot church into a restaurant and office building, including a SOO-square foot building addition. The site is located on the west side of South Eagle Road approximately ISO-feet south of State Street at 93 South Eagle Road. (WEV) Sedlacek: I have some questions about the parking. Right now our Code gives you the option to provide in lieu of parking at $5,700.00 per lot for 5 parking spaces or provide a cross parking agreement and I'm wondering if a decision has made on this yet. Jim Gibson: The applicant is willing to do either one. I am not aware that a decision has been made. General discussion. Sedlacek moves to approve DR-88-04 - Convert a Church into a Restaurant and Office Building, including a Building Addition as submitted with all Standard and Specific Conditions of Approval. Seconded by Guerber. ALL A YES: MOTION CARRIES......... .......... Page 3 K:\COUNClLIMINUTES\Temporary Minutes Work Area\CC.O9.28-04min.doc H. Award....Q.[Jlli!1or manu(acturine and installation of municipal park sien for Eaele Sports Complex. (SEB) Guerber: I pulled this so we could also include a park sign for the Arboretum and we need to modify the quote to have two park signs installed. Guerber moves to approve the award of bid of park signs at the Eagle Sports Complex and the Arboretum and the signs will be identical to the other City Park signs. Seconded by Nordstrom. Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES..................... Guerber moves to amend the Agenda to have lOA the next item on the Agenda. Seconded by Sedlacek. ALL AYES: MOTION CARRIES............................. 10A. Discussion and action reeardine the elimination of the condition to lock the eate at the end of Olde Park Place. (NM) Mayor introduces the issue. General Council discussion on having a neighborhood meeting and some alternative transportation. Cindy Clark, Principal at Eagle Elementary School: Last year busing was stopped for 52 children in that area and that was when we directed the children to go down Park Road because of safety issues. This was a decision that I made. We had approximately 30 kids that used Park Road. The problem occurred when parents started using Park Road as a drop off and pick up point and that was never the intent. General discussion. Council would like the City to send a letter to the School District to have an alternative transportation plan. Sedlacek moves to allow the access gate to the School Site at the end of Park Road be open with the condition that the Mayor and the Code Enforcement Officer draft a letter to the School District to have an alternative drop off site for students. Seconded by Guerber. Discussion. ALL AYES: MOTION CARRIES............... 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution No. 04-18: Authorizing documents that shall be archived with the State Archives, Idaho State Historical Society, 2205 East old penitentiary Road, Boise, Idaho, in accordance with Resolution No. 02-04. (SKB) Mayor introduces the issue. Sedlacek moves to approve Resolution No. 04-18 Authorizing documents that shall be archived with the State Archives, Idaho State Historical Society, 2205 East old penitentiary Road, Boise, Idaho, in accordance with Resolution No. 02-04. Seconded by Nordstrom. THREE AYES: ONE ABSTAIN: MOTION CARRIES......... .............. Page 4 K:\COUNClLIMINUTES\Temporary Minutes Work Area\CC-O9-28-04mindoc B. Resolution No. 04-19: Declaration of surplus equipment. (SKB) Mayor introduces the issue. Sedlacek Moves to approve Resolution No. 04-19 Declaration of surplus equipment. Seconded by Guerber. ALL AYES: MOTION CARRIES....................... 7. FINAL PLATS: A. FP-6-04 - Final Plat for Hidden Island Subdivision - Larry Flvnn: Larry Flynn is requesting final plat approval for Hidden Island Subdivision, a 36-acre, II-lot (10- buildable, I-common) residential subdivision generally located approximately Y2 mile east of Eagle Road at 736 East Riverchase Way. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the project. I provided Council a copy of the written addendum to the final plat if it is approved tonight. Larry Flynn, applicant, discusses the U.S. Army Corps of Engineers permit and the proposed ponds. Discussion on water rights. I am all right with the additional conditions. General discussion. Guerber moves to approve FP-6-04 - Final Plat for Hidden Island Subdivision with the stipulation set down in the report as well as the additional items submitted and agreed upon. Seconded by Nordstrom. Discussion. ALL AYES: MOTION CARRIES.............. 8. PUBLIC HEARINGS: None 9. NEW BUSINESS: A. Settlement Aereement - Idaho Power - CU-9-02 Mayor introduces the issue. Guerber moves to continue this time to the October 12, 2004 City Council meeting. Seconded by Nordstrom. ALL AYES: MOTION CARRIES.................. 10. UNFINISHED BUSINESS: A. Discussion and action reeardine the elimination of the condition to lock the eate at the end of Olde Park Place. (NM) Moved to the beginning of the Agenda. B. Review and discussion of DroDosed Ordinance No. 477 and associated Resolution No. 04-13: An ordinance for the City of Eagle, Idaho, amending Eagle City Code, Title 3 "Business and License Regulations", Chapter 4" Vendors, Solicitors, and Temporary Merchants", Section 2 "Definitions", and Section 11 "Restrictions", and providing and effective date. And a resolution of the Eagle City Council, Eagle, Ada County, Idaho establishing procedures for issuing vendor permits in Municipal Parks; and providing an effective date. (SKB) Page 5 K:\COUNCIL\MlNUTES\Temporary Minutes Work Area\CC-09-28-04min.doc Mayor introduces the issue. General discussion. Council concurs to use only the existing concession stand at the Eagle Sports Complex site. 11. EXECUTIVE SESSION: Pending or Threatened Litigation I.C. 67-2345(f). Guerber moves to go into Executive Session for the discussion on pending or threatened litigation. Seconded by Sedlacek. Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES................... Council discusses pending or threatened litigation. Council leaves Executive Session at 8:50 p.m. General discussion on the Idaho Power transmission lines. Mayor: The Teen Center will be open in January and the Computer Center will be opened in November. General discussion. General Council discussion on the Ada County Commissioners meeting tomorrow night. II. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...... .......... Hearing no further business, the Council meeting adjourned at 9:00 p.m. Respectfully submitted: Jl¿. -1 ,. _It-.- ß. Å-r~ SHARON K. BERGMANN CITY CLERK/TREASURER APPROVED: l Pa8e 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-O9-28-04mindoc