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Minutes - 2006 - City Council - 04/25/2006 - Regular / EAGLE CITY COUNCIL Minutes April 25, 2006 PRE-COUNCIL AGENDA Continued as follows: I. Discussion of alcohol related issues in association with Eagle Fun Days activities. Moved to New Business Item #9C. 2. Deanna Stallings with Syringa Bank will address the Council. Continued to the May 9, 2006 City Council meeting. 3. Mayor and Council's Report: Moved to the end of the Agenda 4. City Engineer Report: Moved to the end of the Agenda 5. City Clerk/Treasurer Report: Moved to the end of the Agenda 6. Zoning Administrator's Report: Moved to the end of the Agenda 7. City Attorney Report: Moved to the end of the Agenda REGULAR COUNCIL AGENDA: 7:30 n.m. I. CALL TO ORDER: Mayor calls the meeting to order at 7:40 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. Guerber is absent. A quorum is present. John Atkins, Mayor's Youth Committee is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: None Nordstrom moves to amend the Agenda as follows: Add as Item #9C. Discussion of alcohol related issues in association with Eagle Fun Days activities, Item #9D. City Forester Contract for Services and an Executive Session. Seconded by Bastian. ALL AYES: MOTION CARRIES............... 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 City Council. · 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 April 18,2006. C. DR-I-05 - MOD - Monument Silm for Zen Bento - ZB Ea!!le. LLC: ZB Eagle, LLC, represented by Rene [wamasa, is requesting design review approval to construct a monument sign for Zen Bento. The site is located approximately 100-feet east of 2nd Street on the north side of East State Street at 342 East State Street. (WEV) D. DR-IO-06 - One Multi-Tenant Retail Buildin!! and Bank Facility - Mountain West Bank: Mountain West Bank, represented by Andrew Erstad with Erstad Architects, is requesting design review approval to construct one 1 0,370-square foot multi-tenant retail building and one 4,290-square foot bank facility. The site is located on the southwest Page I of5 K:\COUNCJl\MINUTES\Temporary Minutes Work Area\CC-04~25-06min.doc corner of East Iron Eagle Drive and Edgewood Lane within Merrill Subdivision No. I (formerly Rocky Mountain Business Park) at 1539 East Iron Eagle Drive. (WEv) E. DR-II-06 - Master Sil!n Plan for a Sinl!le- Tenant Buildinl! and a Multi-Tenant Retail Buildinl! - Mountain West Bank: Mountain West Bank, represented by Andrew Erstad with Erstad Architects, is requesting design review approval of a master sign plan for a single-tenant building and a multi-tenant retail building. The site is located on the southwest corner of East Iron Eagle Drive and Edgewood Lane within Merrill Subdivision No.1 (formerly Rocky Mountain Business Park) at 1539 East Iron Eagle Drive. (WEv) F. ADDroval of alcohol license renewals for 2006/2007: The following license holders have submitted the appropriate documentation and fees: Round Table Pizza, Porterhouse, Eagle Rib Shack, The Stuffed Olive, Casa Mexico, Cheerleaders, China Palace, Chicago Connection. This approval is to include all other renewal requests that are submitted prior to April 30, 2006. (SKB) Mayor: I would like to add to the agenda a bill from Flood District # I 0 for the repair work when Dry Creek flooded. Bandy moves to amend the Agenda and add under the Claims Against the City the bill from Flood District #10. Seconded by Bastian. ALL AYES: MOTION CARRIES.................... 5A. Claims Al!ainst the City. Mayor: When we declared a state of emergency for the levee break on Dry Creek, Flood District # 1 0 incurred expenses and they would like the City to pay half of the bill from the Contractor. General Council discussion. Bastian moves to share 50% of St. Clairs Contractors, Inc. bill for the repairs incurred at Dry Creek. The total amount of the bill is $12,770.00 and the City's share will be $6.385.00. Seconded by Nordstrom. Bastian: AYE; Nordstrom: AYE; Bandy: AYE: ALL A YES: MOTION CARRIES....... ................. 5A. Claims Al!ainst the City: Bastian moves to approve the Claims Against the City. Seconded by Bandy. Bastian: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES........................ Bastian moves to approve the Amended Consent Agenda. Seconded by Nordstrom. ALL A YES: MOTION CARRIES........................ 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution No. 06-19: - A Resolution of the Eagle City Council to Vacate Utility, Drainage, and Irrigation Easements Along the Side Lot Lines of Lots 2 and 3, Block I, (Countryside Estates No. I) as shown on the attachments hereto; and Providing an Effective Date. (On September 20, 2005 the City Council held a public hearing to vacate the above referenced utility, drainage and irrigation easements. The Application Number was V AC-2-05). (WEv) Mayor introduces the issue. Bastian moves to approve Resolution No. 06-19: A Resolution of the Eagle City Council to Vacate Utility, Drainage, and Irrigation Easements Along the Side Lot Lines of Lots 2 and 3, Block 1, (Countryside Estates No.1) as shown on the attachments hereto; and Providing an Effective Date. Seconded by Nordstrom. ALL A YES: MOTION CARRIES..................... Page 2 of5 K\COUNCIL\MINUTESITemporary Minutes Work Area\CC-04-25-06min.doc B. Resolution No. 06-20: A resolution to surplus fixed assets. (SKB) Mayor introduces the issue. City Clerk: The surplus property not donated to the Senior Center will be taken to Musick's Auction for disposal. General discussion. Bastian moves to approve Resolution No. 06-20: A resolution to surplus fixed assets. Seconded by Bandy. ALL AYES: MOTION CARRIES........................ C. Resolution No. 06-21: A resolution to surplus fixed assets. (SKB) Mayor introduces the issue. Bastian moves to approve Resolution No. 06-21: A resolution to surplus fixed assets. Seconded by Bandy. ALL AYES: MOTION CARRIES.......................... 7. FINAL PLATS: None 8. PUBLIC HEARINGS: None 9. NEW BUSINESS: A. Discussion of ODen House date for new City Hall buildinl!. (NM) Mayor introduces the issue. General discussion. Council concurs to have the open house and ribbon cutting on May 24'h or 25'h from 5:00 p.m. to 8:00 p.m. Design Review meeting to be held in the Conference Room on May 25, 2006. B. Lease Al!reement - Eal!le Senior Citizens Inc. and the City of Eal!le for the buildinl! located at 310 E. State Street. (SKB) Mayor introduces the issue. City Clerk: You have the draft Lease Agreement in front of you. There are a couple of things that I want to bring to your attention in the lease. Discussion on the terms of the lease. Rental is $1.00 per annum. The seniors are asking for additional assistance from the City to maintain the building. Instead of paying the utilities for the Seniors I would like to propose that the City do the maintenance on the interior of the building so that we know it is being taken care of. This will be approximately $500.00 a month. In FY 04/05 the City paid $8,877.00 for utilities, maintenance and repair for the senior center side this in addition the assistance provided for the van. The seniors need to clean the kitchen because it us under the Department of Health and Welfare. General discussion. City Attorney Buxton: We will need to change the terms of the agreement to be an annual renewable lease. Further Council discussion on the terms of the lease agreement. Council concurs to pay $8,000.00 annually for the interior cleaning. Nordstrom: I will explain to Chester and the Board that the City is going to pay for the cleaning in the amount of $8,000.00 and there is a contingency fund of $800.00 included in that amount. I will make a Motion to that effect. Seconded by Bandy. Discussion. Bastian: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES..................... Page 3 of5 K\CQUNCll\MINUTESITemporary Minutes WOfk AreaICC-04-25-06min.doc C. Discussion of alcohol related issues in association with Eal!le Fun Davs activities. Mayor introduces the issue. Dana Borgquist: I am writing an agreement for a three drink per person ticket. It is my understanding that Scott Pruitt is in favor of this. General discussion. Discussion on the activities of the volunteer fire fighters at this event. Discussion on having a different type of fund raiser for the Volunteer Fire Fighters next year or future years. Council would like the Open Container Permit for the Volunteer Fire Department to come before them on the May 9, 2006 City Council Agenda for discussion and approval. Bastian moves to direct the Chief of Police to work with the Volunteer Fire Department to limit the number of free drinks to 3 and any additional drinks need to be purchased. Seconded by Nordstrom. Discussion. ALL AYES: MOTION CARRIES................... D. Contract for City Forester. Mayor introduces the issues. Zoning Administrator Vaughan: This contract takes us through the end of this fiscal year and a new contract will be entered into for the next fiscal year. Julie Lafferty was recommended by Keith Atkins and after the interview process I concurred with this recommendation. General discussion. Nordstrom moves to approve the Contract for a City Forester. Seconded by Bastian. Discussion. Bastian: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................... 10. UNFINISHED BUSINESS: None I 1. EXECUTIVE SESSION - IC 67-2345 Pending or threatened litigation and IC 67-2345 Acquisition of private property. Nordstrom moves to go into Executive Session for the discussion of pending or threatened litigation and acquisition of private property. Seconded by Bastian. Bastian: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................... Council goes into Executive Session at 8:35 p.m. Council discusses pending or threatened litigation and acquisition of private property. Council leaves Executive Session at 9:05 p.m. Nordstrom moves to request the City Attorney to draft a letter of intent for the purchase of private property and authorize the Mayor to sign it. Seconded by Bastian. Discussion. Nordstrom amends his motion to add: that the letter is confidential. Second concurs. Bastian; AYE: Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.......... Bandy moves that in reference to litigation against the City that the City Council and Mayor may not evaluate or consider any comp plan amendment changes regarding areas included in that litigation. Attorney Clarification: To stay any comp plan amendment requests that are pending before the City in the area subject to litigation filed by Mr. Huffaker, et al v. The City of Eagle dated April 17, 2006. Seconded by Bastian. ALL AYES: MOTION CARRIES.................. PRE-COUNCIL REPORTS: City Clerk/Treasurer Report: Discussion on the installation of the new shades in the Council Chamber. Discussion on the completion of the audio/video. Discussion on the remodeling proposed by the Senior Center. Council has reviewed the plan and is alright with the proposed remodeling. Page 4 of5 K\CQUNCfL\MINUTES\Temporary Minutes Work Area\CC-04-25-06min.doc Zoning Administrator's Report: We need to schedule ajoint meeting with the Planning and Zoning Commissioners for the discussion on new PUD standards. General discussion. Council concurs to try and schedule the meeting before a regular City Council meeting. City Attorney's Report: Discussion on the 3M application. We are working with the BLM on the City's application. General discussion. Mayor and Council's Report: Bastian: No report Nordstrom: Where is the Legacy application? General discussion. Bandy: On May 4th the Blue Print for Good Growth is going to be discussed. General discussion. Mayor: I have a Homeowner's Association meeting for Island Woods tomorrow night. I don't think that there is going to be a lawsuit. General discussion. General discussion on the potential flooding of the Boise River. City Engineer Report: No Report 11. ADJOURNMENT: Bastian moves to adjourn. Seconded by Bandy. ALL AYE: MOTION CARRIES......... Hearing no further business, the Council meeting adjourned at 9:30 p.m. .,.......... Respectfully submitted: ..........'..t OF Ii .-t...... 11 ,. ..."' ., 0 '. !If" "'-'"" ........ '(. n-. ~ CJ".- ..-. ~ ,GA--<Q kr~",~ ! l~oV.'iOR."l:';.~"\ SHARON K. BERGMANN i * : _._ i * i CITY CLERK/TREASURER \ ~... SEAL ~i i "t/' ~ ,"".: ~~ it~.,.'tt.t.......O " APPROVED: ..,~ ....... toy..... 1:' Of \~ ,.....,. .,..........". Page 5 of5 K\COUNCll\MINUTES\Temporary Minutes Work Area\CC-04-25-06min.doc ST. CLAIR CONTRACTORS INC. 111 East 40th Street Boise, ID 83714 Bill To CITY OF EAGLE Invoice Date Invoice # 4/13/2006 0305-75 Project Terms, DUE UPON RECE... Description Qty Rate Amount LOG CUTTING (hours) 3.5 300.00 1,050.00 330 CAT EXCAVATOR (hours) 52.5 180.00 9,450.00 BLADE (hours) 7 • 100.00 700.00 #6 KENIVORTH (1987) - TRANSPORT (hours) 13 100.00 1,300.00 PICK-UP TRUCK RENTAL (day) 7 daysll truck 2 days/2 trucks 9 30.00 270.00 WORK DONE APRIL 05 - 12, 2006 atia„...ell f� Cly Phone # Fax # 208-343-8742 208-343-8785 DATE_.__ .�.....aco-00 �P..�-� AMO `UN7 PAID ACCOUNT k iNVOiC.: [:HECK # Total Payments/Credits Balance Due $ 12,770.00 SO.0O $ 12.770.00' CITY OF EAGLE SPECIAL CITY COUNCIL MEETING SIGN-UP SHEET SUBJECT: The Boise River and impact of river flows with the City of Eagle April 25, 2006, 6:00 p.m. NAME (print) Zeiv ire/ Goof "Ir/i y 44-5 Jrh c /i c L -1i r-IAi ADDRESS AND TELEPHONE 2106 s . 12:.► 27-731 5-011 Q- So" 7- 7Yse, o / i1% %moi 61 it WHICH HOA DO YOU REPRESENT 34,0 /6/ G/t/-7 xd ���� �� plc Pc-, q0 1304L c I _ i Ic 3 J v en L3 n v12-- `/,r�,,., / 3 Z- , ���� J 12,C) ) I'LL O w , • A/c, r / c 4 )-4-€.5 c 4 f?4 •TrAc c . ��._ 1��� r r., � Oa k iwo)tx Jo n Mal a i. 11 1,' 1,9r v \AI C.'e l0, c7) �,r CJS ‘r +c -/ r;iv4 I /�a 6}atVfr\ Page 1 of H:\000NCIL\AGENDA\CCSIGNUI'. WI'D CITY OF EAGLE SPECIAL CITY COUNCIL MEETING SIGN-UP SHEET SUBJECT: The Boise River and impact of river flows with the City of Eagle April 25, 2006, 6:00 p.m. NAME (print) WHICH HOA DO ADDRESS AND TELEPHONE YOU REPRESENT Page 1 of H:I000NCILIAGENDAICCSIGNUP. WPD ENFORCEMENT FLOOD RESPONSIBILITY CHART AUTHORITY* PERMIT AUTHORITY NFIP INSPECTION & ENTITY INFO MAINTENANCE ABOVE BELOW NON- Emergency OHWM OHWM Emergency ID Dept. Water Res.' X Below Below X1 Inspection OHWM OHWM Only ID Transportation Dept. Bridges Bridges Inspection & Permits Corps of Engineers X Below Notification Inspection Inspection OHWM Only Only & Permits Property Owner X X X X FEMA X X X Certain Conditions X Inspection & Permits Inspection & Permits X Bureau Homeland Letter to Security State/Feds. Ada Co. Engineer - X County, County, X Inspection Inspection & Permit Authority within Floodway Floodway & Permit Permit only the unincorporated areas above above only of Ada County. OHWM OHWM Ada Co. Highway Dist. Bridges X Bridges X X Ada Co. Sheriff Office Boise Fire Dept. IC Ada County un- incorporated areas X ENFORCEMENT AUTHORITY* ENTITY PERMIT AUTHORITY ABOVE BELOW NON- OHWM OHWM Emergency Boise Public Works Drainage Districts Eagle Fire District Eagle P&Z Flood Control Dist. #10 Garden City PW Garden City P & Z Irrigation/Canals Star P & Z Star Fire Within City Floodway above OHWM Within GC, Floodway above OHWM Emergency Within City Floodway above OHWM Within GC Floodway above OHWM NFIP INSPECTION & INFO MAINTENANCE X Inspection & Maintenance X X X 1 = IDWR can provide floodway delineations and maps of floodplains and floodways OHWM = Ordinary High Water Mark (outside of Wetlands) IC = Incident Command PW = Public Works GC = Garden City Drainage Ditch x iNMTIAL f TREE '-LEVEE RESPONDERS: jk REMOVAL PROBLEMS IC within Boise City limits IC within Eagle City limits Within Inspection Boise City limits Inspection IC within Within Inspection Garden City GC limits limits Canals IC within Star City limits BANK Stabilization Inspection X Inspection '�3�{yyT i:g k 11etiahr+9 i • , r:1,� • =,J'l'), 'syr kit � i i1� v)C310,01. fi • ! *AP tAI�'• :• . "•' , • • t , • • .1i'r ;1 �at ,PA?,ifA}SiJI � 0 i ritll�g,r Whitey Mace moves hay into position on a levee that runs .y:/Ji along the Statesman photo by David TInM" Boise River and his Eagle Island land Farmer lives 73 years in midst of fickle river By RON ZE• LLAIt The Idaho Statesman {.Ar :t 1: — The hay in one of Leonard Mace's fields is waist high to a gi- • i•• :,,1 he has no plans to harvest it soon. I >; August, judging from the way the I ,• P-1 rr is pouring Into the field from all 1, has seen floods more severe thnn the ;i,; 't.1 cubic feet per second now flowing •i!•"ma .„,1 — In some cases through —.his I ;izr•od farm. i h• lived on the same spot on Mace Road, in ,n i,.,ur.c• er.t ku ma'teh down the hill to get wet around the edges, when floodwaters rase to more than twice the present level in 1936 and 1943. "Maybe I'm like that son of a gun that lived on Mount St. Helens,” he said as he stuffed a bale of straw into a leaking levee. "I've lived dere all my life. I'II never leave." Mace said his grandfather homesteaded on the Island and cleared cottonwood trees from several hundred acres. old stream channels crossed the Island, creating swamps where catfish and bass could he caught In the sum- mer. Early pioneers filled in the holes and leveled the ground, until only a north and south fork of I he river remained. "We used to go swimming here. The water was 18 feel deep," lie said, driving; over a low spot In a hayfield that is still well above the encroaching floodwaters. "In the 1930s, we had 30 calves up on a hay- stack to keep them dry. I was milking cows in n Mai of water.... My father came in with a saddle horse. It fell in n hole cut out by the wafer and he pert 'near drowned." County officials closed the Eagle Road bridge to Traffic that year because they were (See FARM, Back Page) T X81111 th - riv Control debate ignites as Boise's waters rage By PAUL PUGMIRE The Idaho Statesman Even before the floodwaters drop, debate has begun about what should be done to manage the Boise River for future floods. Some formers and recrealion- ists are saying that' the channel should be cleared to allow for greater flow -- and less flooding when the river's high, Others say that altering the river channel by eliminating islands and trees could turn the river Into a ditch. George Harrington, a former hydrologist with the U.S. Fish and Wildlife Service, and now an Eagle farmer, Is one of those who fears an assault on the river. "When this water falls, I'm really apprehensive that every- body and his uncle will attack It (the river) with dozers," he said Monday. "The river isn't straight. It can never be straight. When it's straight, it's a ditch." Other Treasure Valley resi- dents, however, say the river channel should be cleaned to pro- tect private property. Merle Javaux, a retired Cald- well -area farmer, thinks the chan- nel should be kept clean to allow high flows to be released from Lucky Peak Dam without flood- ing farmland. Javaux also thinks that farmers "When this water falls, I'm really apprehensive that everybody and his uncle will attack it (the river) with dozers." — George Harrington, Eagle farmer "I don't think anyone there was suggesting driving a crane down the river and making a ditch." — Idaho Sen. Terry Reilly, who arranged meeting between worried consUluonts and federal officials should have more influence over how much water is released from Lucky Peak Dam. "After all, it's the fanner' down below (the dim) that keel this country going. They're IN ones that should have first prior ity on how the water should hi regulated in the reservoir," he said. Many Canyon County resident. want the river cleaned out 1' some extent. including the rr• moval of some brush, treesnod i` lands, state Sen. Terry Reilly. (See RiVER, Back Page)