Loading...
Minutes - 2005 - City Council - 09/27/2005 - Regular / EAGLE CITY COUNCIL Minutes September 27, 2005 No agenda item will be openedfor discussion or action after 10:00 p.m., unless Council approves a meeting time extension via a motion prior to 10:00 p.m. and subsequent meeting time extensions prior to their expiration I. CALL TO ORDER: Council Member Guerber calls the meeting to order at 7:30 p.m. Sedlacek moves that Council Member Guerber should conduct the meeting because of his years of service as Mayor and a Council Member. Seconded by Nordstrom. ALL AYES: MOTION CARRIES................. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Bastian absent. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. PUBLIC COMMENT: None 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 6, 2005. C. Minutes of September 13,2005. D. Minutes of September 20, 2005. E. Findinl!s of Fact and Conclusions of Law for A-3-05 & RZ-5-05 - Annexation and Rezone from RUT to R-2 - Chad Moffat: Chad Moffat, represented by Roylance & Associates, is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2 (Residential up to 2 units per acre). The 14.6- acre site is located on the west side of Park Lane approximately one-half mile north of Floating Feather Road at 1835 Park Lane. (WEV) F. Findinl!s of Fact and Conclusions of Law for PP-6-05 - Moffat Subdivision- Chad Moffat: Chad Moffat, represented by Roylance & Associates, is requesting preliminary plat approval for Moffat Subdivision. The 14.6-acre, 30 lot subdivision (24 buildable, 6 common) is located on the west side of Park Lane approximately one-half mile north of Floating Feather Road at 1835 Park Lane. (WEV) G. Findinl!s of Fact and Conclusions of Law for PP/FP-3-05 - Combined Preliminary and Final Plat for Erland Subdivision No.1 - Bob Erland: Bob Page I K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27+05min.doc Erland, represented by Tim Mokwa with Toothman-Orton Engineering, is requesting combined preliminary plat and final plat approval for Erland Subdivision No. I (a re-subdivision of parcel "Coo of Merrill Subdivision), for a 2-lot commercial subdivision. The I.638-acre development is located on the south side of East Iron Eagle Drive approximately 1,800 feet west of Edgewood Lane. (WEv) H. Appointment to the Historical Preservation Commission: Mayor Merrill is requesting Council confirmation of Phyllis Schlandor to fulfill the balance of a vacated term. Ms. Schlandor's term will expire in November, 2007. (NM) I. Appointment to the Library Board: Upon the recommendation of the Library Director, Mayor Merrill is requesting Council confirmation of Margo Walters to the Library Board. Ms. Walter's will be serving a five year term which will expire in 2010. (NM) J. Appointment to the Library Board: Upon the recommendation of the Library Director, Mayor Merrill is requesting Council confirmation of Christine Allred to fulfill the balance of a vacated term. Ms. Allred's term will expire in 2009. (NM) K. Appointment to Desil!n Review Board: The Mayor is requesting Council confirmation of Beth Zahm to fulfill the balance of a vacated term. Ms. Zahm' s term will expire in June 2008. (NM) L. Desil!nation of Pollinl! Places: For the general election on November 8, 2005 the polling places shall be: Precinct #500, Eagle Senior Center 312 E. State Street Eagle Idaho. Precinct #501: 7th Day Adventist Church - School Gym 538 W. State St. Eagle, Idaho. (SKB) M. Eal!le Senior Center Utilities Al!reement for FY 2005/2006 (SKB) N. Eal!le Senior Citizen Van Use Al!reement for FY 2005/2006. (SKB) O. Joint Powers Al!reement between Ada County Sheriff's Office. the Ada County Prosecutinl! Attornev's Office and the City of Eal!le relatinl! to Law Enforcement Services and Prosecutinl! Services for FY 2005/2006. (SKB) P. Service Al!reement for animal control services between the City of Eal!le and the Idaho Humane Society for FY 2005/2006. (SKB) Q. Contract for Services for City Forester FY 2005/2006. (SKB) R. Contract for Services for Facilities Manal!er for FY 2005/2006. (SKB) S. Personal Computer and Network support Al!reement with Computer Arts. Inc. (SKB) Sedlacek removes item #K from the Consent Agenda. Nordstrom removes item #S from the Consent Agenda. Sedlacek moves to approve the Consent Agenda minus Items #K & #S. Seconded by Nordstrom. Sedlacek: A YEj Guerber: A YEj Nordstrom: AYE: ALL A YES: MOTION CARRIES.............. 5K. Appointment to Desil!n Review Board: The Mayor is requesting Council confirmation of Beth Zahm to fulfill the balance of a vacated term. Ms. Zahm's term will expire in June 2008. (NM) Sedlacek; I pulled the recommendation for the appointment to the Design Review Board because we do not have the Mayor and the full Council at the meeting tonight and I would like to table this matter to the October 11, 2005 City Council meeting. This is a Motion. Seconded by Nordstrom. ALL AYES: MOTION CARRIES.................. Page 2 K\CQUNCIL\MINUTES\Temporary Minules Work Area\CC-09-27-0Smindoc 5S. Personal Computer and Network support Al!reement with Computer Arts. Inc. (SKB) Nordstrom: I would like to ask the City Clerk how the hours were determined for the contract. City Clerk Bergmann: We have a history of several years with Computer Arts, Inc. and during the budget time I consult with our IT person from Computer Arts as to the hours we have consumed and we discuss any extra hour needs for the upcoming year. This next fiscal year we will need additional ours to move City Hall into the new building so these hours are reflected in this contract. Nordstrom moves to accept Personal Computer and Network support Agreement with Computer Arts, Inc. as presented. Seconded by Sedlacek. ALL AYES: MOTION CARRIES..................... .. 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution No. 05-20: Declaration of surplus property. (SKB) Council Member Guerber introduces the issue. Nordstrom moves to approve Resolution No. 05-20, Declaration of surplus property. Seconded by Sedlacek. ALL AYES: MOTION CARRIES...................... 7. FINAL PLATS: None 8. PUBLIC HEARINGS: A. CU-07-05/PPUD-03-05/PP-09-05 - Bellemeade Planned Unit Development - Tom Ricks and John Wood: Tom Ricks and John Wood, represented by Becky McKay with Engineering Solutions, LLP are requesting preliminary development plan, conditional use, and preliminary plat approvals for Bellemeade Planned Unit Development, a 62-lot (48-buildable, 14-common) planned residential development. The 15.75-acre site is located at 312 North Park Lane, 3850 West Flint Drive and 3855 West Flint Drive. (WEv) Council Member Guerber introduces the issue. Becky McKay, representing the application, provides Council an overview of the project. This is an area in transition. These lots were platted as Flint Estates. Each of these parcels has an existing dwelling that had to be incorporated into our design. Discussion on the conditions and restrictions from ACHD. Discussion on the landscaping within the project. We have met two times with Drainage District #2 on the stub drain. Discussion eliminating the stub drain and the proposed new drainage. The Drainage District agreed that we could abandon the stud drain. Discussion on lot sizes. Weare in the parameters for this area. Your staff sees this area as mixed use. You have the High School, the music academy and commercial in this area. General discussion. Tom Ricks, 1560 N. Park Lane, applicant, all ditches will be covered or tiled. I will be working with one builder exclusively and I am stressing a Jackson Hole, Sun Valley look to this subdivision. There are a lot of big trees in this area and these trees will be incorporated in our landscaping. Presents displays boards with home designs. We will patio homes on the smaller lots with a narrow width. These homes will fit the site exactly. Discussion on the style and type of homes on the north side. General discussion. Becky McKay discusses the 404 Permit. Under the new ruling handed down almost everything ditch dumps into the Boise River so a 404 Permit would need to be acquired. New rules are that every lateral that has a shut off will be exempt. General discussion. Page 3 K\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC~09-27.05min.doc City Planner Williams: Displays overheads and provides Council an overview of the site and the project. I was the staff person who did the Staff Report and saw the application through the Planning and Zoning. Discussion on the site plan. This development has 19% open space. This development has 47 lots. Discussion on the site specific conditions. Discussion on the 404 Permit. Discussion on the open spaces. General discussion. Council Member Guerber opens the Public Hearing. Council Member Guerber closes the Public Hearing. General Council discussion. Sedlacek moves to approve CU-07-05/PPUD-03-05/PP-09-05 - Bellemeade Planned Unit Development with all Standard and Site Specific Conditions of Approval. Seconded by Nordstrom. ALL AYES: MOTION CARRIES................... B. CU-11-05 - Heil!ht Exception for Rivendell Music Academy - Ken & Mary Cenell: Slichter Architects is requesting conditional use approval for a height exception to allow a 42'- II" peak of roof and 45'-5" to top of spires, building for Rivendell Music Academy. The height exception (the portion ofthe building above 35-feet) is for the purpose of accommodating the design and pitch of the roof with spires. The 3.75-acre site is located approximately 600-feet north of State Highway 44 at 3415 West Flint Drive. (WEv) Council Member Guerber introduces the issue. Chad Slicter, Slichter Architects, representing the applicant Rivendell Music Academy, displays a design board and provides Council an overview of the project. We are here for the height exception. We have a building that is 42' II" high. The City Code has a height limit of35'. We are on an entry into the City. The project will have a campus style feel. We are away from primary roadways so sight should not be an issue. We will compliment Camille Beckman. The style does have an elevated base. We have steep roofs, which also pushes us up over the height limitation. There will be three stories, 2 Y2 exposed. The roof itself is pushing 14'. Staff reviewed and has made a recommendation for approval. We will have a height transition down to the other buildings. General discussion. Planner Williams, displays a site plan and an overhead displaying the building and provides Council an overview of the project and discusses the reasons for the staff recommendation of approval. This project will compliment the Camille Beckman site. There will be commercial development in the areas surrounding this project. This is in the middle of the Design Review process. This building will be buffered from State Street. General discussion. Council Member Gnerber opens the Public Hearing. Council Member Guerber swears in John Wood. John Wood, 1501 Floating Feather, displays an overhead of the site plan and discusses the access the road. The school will now be 5 Yz acres. Discussion on the commercial area. Tom Ricks and I own the adjacent property and we are in support of this project. This is a great enhancement for the City. General discussion. Council Member Guerber closes the Public Hearing. General Council discussion. Nordstrom moves to approve CU-11-05 - Height Exception for Rivendell Music Academy as presented with all Site Specific Conditions. Seconded by Sedlacek. ALL AYES: MOTION CARRIES................ Pllge4 K:\CQUNCIL\MlNUTES\Temporary Minutes Work Area\CC-09-27-05mindoc C. Hearinl! to consider a resolution authorizinl! the minl! of a petition for iudicial confirmation under the Idaho iudiciaI confirmation law: The proposed petition would seek judicial confirmation of the power of the City (I) to incur an indebtedness as an "ordinary and necessary expense" of the City authorized by the general laws of the State, within the meaning of Article 8, Section 3, of the Idaho Constitution, in an amount not to exceed $2, I 00,000, for domestic water system improvements; (2) to enter into a loan agreement with State of Idaho, Division of Environmental Quality and to issue the promissory note or other evidence of indebtedness of the City for the same, for the purpose of financing the cost of necessary improvements to the domestic water system of the City; and (3) to pledge the City's water system revenues for the payment of such indebtedness for a term of not more than twenty (20) years. (SEB & VB) Council Member Guerber introduces the issue. City Attorney Zokan: The City Engineer recommends postponing this hearing because of the potential of changing the site of the water tank and also the cost may change. I would recommend that you continue this matter. I do not have a time frame from the Engineer. If something changes then you would need to adopt a new resolution. General discussion. Sedlacek moves to table this matter to November 9, 2005 City Council meeting. Seconded by Nordstrom. Discussion. ALL AYES: MOTION CARRIES..................... D. A-I0-04 & RZ-16-04 - Annexation and Rezone From RUT to BP - Red Cliff Development: Red Cliff Development, represented by Bob Unger, is requesting an annexation and rezone from RUT (Rural Urban Transition) to BP (Business Park) for Optimist Park Subdivision NO.2. The 9.8-acre site is located approximately 700-feet south of Hill Road on the west side of Horseshoe Bend Road at 8811 North Horseshoe Bend Road. The applicant is requesting this item be tabled to the October 11, 2005 meeting. Council Member Guerber introduces the issue. The applicant is requesting this item be tabled to the October II, 2005 meeting. Sedlacek moves to table A-I0-04 & RZ-16-04 - Annexation and Rezone From RUT to BP- Red Cliff Development to the October 11,2005 City Council meeting. Seconded by Nordstrom. ALL AYES: MOTION CARRIES.................. 9. NEW BUSINESS: A. Discussion of Proposed Ordinance No. 528: An Ordinance Of The City Of Eagle, Ada County, Idaho, Amending Eagle City Code Title 4 To Add A New Chapter Establishing Limits On The Sale Of Methamphetamine Precursor Drugs; Providing A Penalty; Providing A Savings Clause; And Providing For An Effective Date. (SB) Council Member Guerber introduces the issue. Guerber moves to continue this item to the October 11, 2005 City Council meeting. Seconded by Sedlacek. ALL AYES: MOTION CARRIES................ B. Review and action on proposed professional rate adjustment for Holladay Enl!ineerinl! Company. (SKB) Council Member Guerber introduces the issue. Nordstrom moves to continue this item to the October 11,2005, City Council meeting. Seconded by Sedlacek. Discussion. ALL AYES: MOTION CARRIES.............. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-05min,doc 10. UNFINISHED BUSINESS: None II. REPORTS: City Attorney report: None City Engineer Report: None City Clerk/Treasurer Report: None Zoning Administrator's Report: None Mayor's Report: None Sedlacek: The Economic Development meeting is this Thursday at 7:30 a.m. There are some issues heating up over Rembrandts. I will be taking some of those comments from the meeting. Guerber: We will be having a recommendation coming to us from the Building Official to buy 2 FI50 pickups instead of2 Ranger pickups. They will come in at $35,750.00 which is over the $35,000 we budgeted for. The mileage will be comparable. A couple oflights are burnt out. One by the Bank on Stierman and one in the middle of the Winding Creek Subdivision. These are Idaho Power lights. 12. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 9: 15 p.m. Respectfully submitted: ~!~~~~~~ CITY CLERK/TREASURER Page 6 K\CQUNClL\MlNUTES\Temporary Minutes Work Area\CC-09-27-05mindoc Hearing to consider a resolution authorizing the filing of a petition for Judicial confirmation under the Idaho Judicial confirmation law PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, ` "'27, 2005 7:31 ' M. NAME ADDRESS/ TELEPHONE TESTIFY SUBJECT YES/NO? PRO/CON Page 1 f 1 H:I000NCILIAGENDAICCSIGNUP. WPD CU -11-05 - Height Exception for Rivendell Music Academy - Ken & Mary Cenell PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, 7, 2005 7:30 .M. ADDRESS/ TESTIFY TELEPHONE SUBJECT YES/NO? PRO/CON NAME Page 1 f 1 H:ICOUNCIL\AGENDA\CCSIGNUP. WPD CU-07-05/PPUD-03-05/PP-09-05 - Bellemeade Planned Unit Development — Tom Ricks and John Wood PUBLIC HEARING THE CITY OF EAGLE CITY COUNCIL TUESDAY, , 2005 7:3 P.1Vi. ADDRESS/ TESTIFY TELEPHONE SUBJECT YES/NO? PRO/CON NAME Page 1 f 1 H:\COUNCILIAGENDAICCSIGNUP. WPD 9.- _z' -cis CC ?,27-o5 Cc F-,2 7 5 GG 9-027 o5'