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Minutes - 1997 - City Council - 01/14/1997 - RegularEAGLE CITY COUNCIL MEETING Minutes January 14, 1997 PRE-COUNCIL: 6:30 p.m. - 7:30 p.m. 1. Mayor and Council Report Bastian provided a report of the library board meeting, discussing a potential new program known as "Open Access" wherein a patron could get a book from any public library in the area, then the library would be returned to the appropriate library. General discussion of the library report scheduled for tonight. Yzaguirre noted an annexation issue concerning Garden City and Eagle. Also, he discussed a report of the motor vehicle accidents in the area of West State Street and the New Eagle Bypass. General discussion on the lighting and roadway stripes in the area. Masner asked the City Engineer for a written report on the obligations of the highway departments to provide safe lighting for intersections. General discussion on the Fall Creek issue previously discussed by the Mayor and Yzaguirre with Dennis Baker. Also discussed the Eagle High School Student Council meeting with the Mayor and Yzaguirre, considered a good meeting by the Council members in attendance. Masner discussed the sewer district meeting. The sewer district is troubled with the situation on payment by DEQ of the facilities study, which is now not going to happen. Difficult situation to resolve. General discussion continued concerning the reneged promise from DEQ to provide the permits for the sewer lagoons. Council may be asked to intercede on the issue. Masner continued discussing his conversations with Barry Marcus concerning a possible land swap for the Merrill Park. Merrill discussed the downtown committee meeting concerning signage for the Cactus Casuals. Merrill continued with her concern on the recent business closures in the downtown core. General discussion on the issue and the master sign plan for Bosanka Village. Mayor discussed the flooding situation south of the south fork of the Boise River, expressing his appreciation for the multi-jurisdictional situation. General discussion of the event and the possibility of the City paying for a water diversion study. Mayor feels that the City is not out of danger yet with the probability of more damage to come. Merrill noted the need to schedule the Fire Department for the next Pre-Councih Also, Merrill noted the need of the Mayor to have a cellular phone for cases such as this for City use. General discussion of the Kestral Cove letter, to be discussed later in the meeting. 2. City Clerk/Treasurer Report: City Clerk provided the Month-End (December 1996) Financial Report. He continued with an explanation of the numerous changes at City Hall: i.e., telephone system, network, organizational layout, etc. He asked that the Council set a date for finalizing the personnel manual, the continued workshop was scheduled for 1/24/97 at 3:00 p.m., Clerk instructed to do agenda. He summarized by asking for unanimous consent declaring Martin Luther King Jr. Day, 1/20, as an official City holiday pending the adoption of the personnel manual. Unanimous consent provided by Council. 3. Zoning Administrator Report: Provided a new report on issues submitted and a new timelines sheet for all applicants. Yzaguirre noted the need to begin Council and continue the pro-council issues at the end of the regular meeting. Engineer Report: Postponed. City Attorney Report: Postponed. A. Leasing v. Option to Buy H:\COUNCIL\MINUTES\1997\CC011497.MIN 2 COUNCIL: 7:45 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, MASNER, MERRILL, YZAGUIRRE, quorum is present. 3. PLEDGE OF ALLEGIANCE: Masner: Moves to move new business items 7.C. and 7.D. to items 4.1 and 4.J. on the consent agenda. Seconded by Merrill. Discussion by Yzaguirre. ALL AYE, MOTION CARRIES... Merrill: Moves to move item 4.H from the Consent agenda, and move under new business Item 7.K. (Motion considered to be unnecessary per Mayor) Item moved. a. B. C. CONSENT AGENDA: Minutes of December 19, 1996 Claims Against the City Findinqs of Fact for Revised Preliminary Plat of Echo Creek Subdivision #5, 6 & 7 (PP-3-96) - The Zoning Administrator is requesting City Council approval of the Findings of Fact for the Revised Preliminary Plat of Echo Creek Subdivision #5, 6 & 7 (PP-3-96). The site is located at the northwest corner of Floating Feather Road and the new alignment of Highway 55. Minutes of November 26, 1996 -- The City Council during the December 19, 1996, meeting requested the City Clerk to review, correct, and report on minutes of the November 26, 1996, meeting of the City Council. Ulxlrade City Workstations to Windows '9,~ -- The City Clerk is requesting the City Council approve the expenditures necessary to upgrade the existing workstation operating system to Window '95 from Windows 3.11. Mi.(Irate City Computer Workstations to Microsoft Office -- The City Clerk is requesting the City Council approve the expenditures necessary to upgrade the existing workstation applications to Microsoft Office Professional Suite (Word, Excel, Access, Powerpoint, Publisher, MS Mail, MS Scheduler) from WordPerfect and Groupwise. G. Design Review Committee Appointment~ -- The Mayor is asking the City Council to confirm his appointments to the Design Review Committee. H. Transportation Task Force -- The Mayor is asking the City Council to confirm his appointments to the Transportation Task Force. I. Extension of Time for Fall Creek Preliminary Plat Issue moved from New Business, approved under consent agenda. J. Final Plat for Channel Center Subdivision Issue moved from New Business, approved under consent agenda. Masner: Moves to adopt the consent agenda, seconded by Yzaguirre. ALL AYE, MOTION CARRIES... 5. UNFINISHED BUSINESS: A. Library Board Report on New Library Facilitie-~ Mayor introduced the issue and welcomed the Library Board President and Members of the Board. Susan Thomas, president of the Eagle Library Board, came forward and presented testimony. General discussion of the letter presented in the Council Packet. Bastian expressed a question regarding the particular site recommendation. Thomas provided the reasons behind the decision to go with the State Street and Steirman site (Oppenheimer proposal) based on costs, accessibility, size, and location. Masner questioned the purchase of the property prior to a bond election, providing an argument against this approach. Thomas provided an argument for the commitment to move forward on the project. Bastian continued with discussion on Item ~.4, CSHQA and Ansley as architects. Thomas provided discussion on the reasons for this recommendation. General discussion on the process for moving forward. Mayor recommended that the he place this issue on the next regular meeting of the Council for a decision. Mayor H:\COUNCIL\MINUTES\1997\CC011497.MIN 4 continued to discuss the accessibility issue, specifically the concerning the comfort level of the Library Board. Merrill commended the Library Board for their work and offered her support for this location. Yzaguirre noted a need to establish a timeline for a bond issuance, City Attorney will prepare a timeline for the next meeting. B. Committee Appointment Authority. Mayor introduced the issue with Ordinance 284 for discussion tonight and possible action at the next regular meeting. Bastian discussed the documents for review tonight, noting his opinion that the Mayor opposes and Council disposes. Wishes to have a sharing of power between the Mayor and Council. City Attorney provided clarification on the issue and of the proposed ordinance. General discussion of the possible impacts of this proposed ordinance. Mayor provided an additional amendment to the proposed ordinance regarding ad hoc and permanent committees. General discussion of the intent. Mayor feels that the Boards, Commission creation imposes a conflict with State law. Also, Mayor feels that the Mayoral duties include the responsibility to investigate allegations against officers of the City. Bastian noted another comment to the City Attorney regarding some wording amendments to the proposed ordinance. City Attorney provided some alternative language Masner: Moves to direct the City Attorney to amend the language to reflect current law (a distinction between ad hoc and permanent committees) and to follow the intent of the discussion noted above and bring back the draft ordinance at the next regular meeting. Seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... 6. PUBLIC HEARINGS: A. Conditional Use (CU-9-96) Mayor introduced the issue. Zoning Administrator noted the need to continue the issue to February 11, 1997. Bastian: Moves to continue this issue to the February 11, 1997, regular meeting. Seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... H:\COUNCIL\MINUTES\1997\CC011497.MIN 5 comments were provided regarding the use of the building and offices, mostly landscape architects and artists, and the parking space requirements. Bastian noted previous discussions of the use of Aikens Street. General discussions of the issues, the need to preserve a pedestrian-friendly appearance, and the need to retain the sewer and water issues. Masher commented that the City has worked very closely with these applicants throughout the history of the City. Bastian noted a question regarding the rezone request, general discussion. Mayor noted a question regarding the adequacy of fire suppression. General discussion of the issue of the inadequacy of providing commercial fire flows and hydrants. Mayor closed the public hearing. Merrill: Moves to accept the rezone from R-5 to L-O, application of Land Group with the staff's recommendations and standard conditions of approval, seconded by Masner. Merrill: Moves to amend the motion to include the recommendations from the Planning and Zoning Commissions, seconded by Masner. ALL AYE, MOTION CARRIES... Merrill: Moves to exclude the standard conditions of approval, seconded by Masner. ALL AYE, MOTION CARRIES... Merrill: Moves to approve the amended motion, seconded by Masner. ALL AYE, MOTION CARRIES .... D. Zoning Ordinance Amendment (ZOA-5-96) Mayor introduced the issue. Zoning Administrator provided a summary of the proposed changes. General discussion by Council of the specific issues of this proposed ordinance. Merrill addressed a concern of having a sign of 5% of building frontage without knowledge of the upcoming applications. Mayor opened up the meeting for public hearing, asked for any ex parte contact on this issue, none, or conflict of interest. Yzaguirre noted a possible conflict of interest, and wishes to abstain from the voting. City Attorney concurs with the abstention of H:\COUNCIL\MINUTES\1997\CC011497.MiN 7 Yzaguirre. Mayor asks for audience comment, none provided. Mayor officially closes the public comment. Masner questions the procedure, City Attorney clarified the process. Bastian: Moves that pursuant to Idaho Code Section 50-902 that the rule requiring the ordinance to be read on three different days with one reading to be in full, be dispensed with, and that Ordinance # 285 be considered after being read once time by title only. AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING SECTION 8-B DEFINITION OF MONUMENT SIGN, AND 8-C-2 GENERAL GUIDELINES, AND SECTION 8-E, MONUMENT AND DETACHED STREET SIGNS IN CHAPTER 2A OF TITLE 8 OF THE EAGLE CITY CODE. Seconded by Masner. Discussion. ALL AYE, MOTION CARRIES... Bastian: Moves that Ordinance # 285 be adopted, seconded by Masner. ROLE CALL VOTE: Bastian, AYE; Yzaguirre, ABSTAIN; Masner, AYE; Merrill, AYE. ALL AYE, MOTION CARRIES .... Recess for 9:25 -- 9:35 p.m. 7. NEW BUSINESS: A. Emerqency Moratorium on Antennas and Towem Mayor introduced the issue of a proposed 120-day moratorium on antennas and towers. Masner: Moves to adopt Resolution 97-1, A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, FINDING AN IMMINENT PERIL TO THE PUBLIC WELFARE EXISTS AND IMMEDIATELY IMPLEMENTING A MORATORIUM ON ALL ANTENNAS AND ANTENNAE TOWERS IN EXCESS OF THIRTY-FIVE FEET IN HEIGHT IN ALL ZONING AND OVERLAY DISTRICTS. Seconded by Merrill. Discussion by Bastian, this issue does not impact current applications currently before the Council or Committee. ALL AYE, MOTION CARRIES ..... H:\COUNCIL\MINUTES\1997\CC011497.MIN 8 B. Ada County Transmittal (96-30-V) Mayor introduced the issue. Zoning Administrator provided information and clarification of his staff report: 100 feet from the river, incorrect, rather to read 100 feet from the flood line. Staff recommended denial, P&Z recommended approval. General discussion of the issue and history of this applicant. Yzaguirre asked of staff the vote of P&Z, Farnworth, Mayer and Brinton voted in favor. Merrill questioned the receipt of any environmental impact assessment. General discussion of the flooding issues. Bastian noted some concern of the floodway/floodplain definitions, general discussion ensued. Masner commented that the floodway has changed and that the applicant feels the designation is incorrect. Masner noted his concerns with approving development in areas prone to flooding, especially without FEMA approval. City Engineer, staff and the applicant provided general comment regarding the application. Terry Peugh, Working for Hubble Engineering, representing the applicant, involved in the project in a lot-line adjustment as a land surveyor. Mr. Peugh provided comment and photos concerning the issue. General discussion of the fill placed on the building site, within Zone X only. Mayor provided questions regarding the switching of words: floodway, floodplain, feels the applicant mixed the terms, 100 feet from the floodway boundary. General discussion of the definitions and of the specific variance requested. Masner: Concerned about the variance and the possibility of setting a precedent concerning a mistake made by the applicant. Masner: Moves to recommend denial of the variance, seconded by Yzaguirre. Discussion by Bastian concerning the boundaries and is opposed to the motion. Merrill continued with some concern for the building withing flood zones. General discussion continued among the staff and Council. Call for the question. AYES: Yzaguirre, Masner, and Merrill, NAY: Bastian. C. Extension of Time for Fall Creek Preliminary Plat H:\COUNCIL\MINUTES\1997\CC011497.MiN 9 Issue approved under consent agenda. D. Final Plat for Channel Center Subdivision Issue approved under consent agenda. E, Subdivision Ordinance Amendment for Lot Drainage Mayor introduced the issue. Zoning Administrator provided general information and the need to move forward with the proposed language. Masner: Moves to approve the request to allow the Zoning Administrator to move forward to the adoption procedures of this proposed ordinance, next to the P&Z Commission. Seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... F. Waiver of Private Road Application Fee Mayor introduced the issue. Zoning Administrator discussed the lengthy staff report provided to Council. General discussion by Council, City Engineer and Staff concerning the Waiver. Chuck Palmer 1100 East Valley, Came forward and presented comments to the Council. Provided general discussion of the history of his project. Feels there is duplication in the process and costs, and expressed his concern on the correctness of this issue. Masner provided general comments and questions, since this is the first issue, that the City will set a precedent in this issue. Masner feels this is wrong to waive the fee. Chuck Palmer provided additional comments on this issue, feels he is paying twice or three times for the same service. Mayor provided a comment on the amount of work equaling both issues within and without the City limits. General comments on the issue by Council and staff. Masner: Moves to deny the application for waiver of private road application fees, seconded by Yzaguirre. AYE: Bastian, Masner, Yzaguirre, NAY: Merrill. MOTION CARRIES .... H:\COUNCIL\MINUTES\1997\CC011497.MiN lO G. Amendment of CEDA Mayor introduced the issue. Merrill continued with the discussion, desiring the Council support recommending the Zoning Administrator continue the investigation and starting the process for amending the boundaries. General discussion of the issue and of the proposed boundaries, with expectations that many recommended changes may occur throughout the process. Mayor requests a proposed boundary for submission to the appropriate entity. Merrill: Moves to start the process of amending the CED, exhibit A-l, and that the Council move the boundaries to the west to Ballentyne, East to the old Hwy 55, and South to the river. Seconded by Masner. Call for the question. ALL AYE, MOTION CARRIES .... General discussion by the Zoning Administrator to place the issue on the calendar. H. City Council as Approving Body Mayor introduced the issue. Merrill discussed the issue with reasons given that the Council is the elected approval authority, not so for the recommending body inherent in the P&Z Commission. Yzaguirre now of the thoughts that P&Z is doing a good job with the current process. Merrill desires the process back as it was. Bastian agrees with Yzaguirre. General discussion of the issue and the scope and types of review. City Clerk mentioned his concerns with the appeal procedure and the filing procedure. Bastian recommended that the City Attorney be recommended to revise the draft to bring the approval process closer to the Council, but not take away the authority of P&Z. General discussion of the issue. The Council by consensus is requesting the City Attorney to amend the draft to change the Zoning Administrator in Section 8-2A-14(A) to the City Clerk. General discussion of the issue. I. Amendment of the Design Review Ordinance Mayor introduced the issue. Merrill discussed the issue with possible amendments. Discussion of the implications of the validity of this provision. General discussion of the issue. Recommend that staff place this issue in ordinance form, with the subdivision portion processed through P&Z and relevant entities. Merrill so moved, seconded by Masner, ALL AYE, MOTION CARRIES... City Attorney instructed to prepare the draft for Council review. J. Amendment of Design Review Ordinance, Ordinance #284 Mayor introduced the issue. Merrill discussed the issue. General discussion by the Council and Mayor on the issue and language. Yzaguirre: Moves to continue this issue to the next regular meeting, seconded by Bastian. Discussion, to include the comments of the City Attorney. ALL AYE, MOTION CARRIES... Mayor introduced the issues continued previously in the meeting, previous item 4.H., Transportation Task Force. Masner discussed a problem with the make- up and duties of the task force. Some question with the record on the composition. General discussion with the Mayor and Council on the scope and composition of the task force. Bastian favors an expanded role, with regard to the list presented tonight, would like more information on some of the individuals on the list. Masner suggested that the Council handle this committee delicately, and recommends that Ali Banactar come in to recommend the necessary qualifications of the individuals on the list. Mayor noted a concern that the Council is shooting down his appointments, and continued with a general discussion of his concerns with Masner's recommendation. General discussion that the Council decide the scope of the committee and qualifications of the committee members. Bastian provided discussion of the concerns of Council regarding the issues of Beacon Light v. Floating Feather and the classification status. Bastian feels the issue should be continued. General discussion of the possible conflict with timelines by continuing the decision. Bastian would like to agree that the persons on the list are interested, and that the scope is consistent with the Comprehensive Plan, and that the group is advisory only and makes recommendations at minimum to Council, not to outside entities, and that the Council has the final decision on any decisions. Yzaguirre noted that the Council and P&Z member should be on the decision, and feels the list is unfair. Continued discussion. Masner: Moves to continue the issue to the next regular council meeting, first on the agenda under Unfinished Business. Seconded by Bastian. Discussion by all parties. ALL AYE, MOTION CARRIES .... 8. ADJOURNMENT: Bastian moves to adjourn, seconded by Yzaguirre. ALL AYE, MOTION CARRIES... Having no further business the Council meeting adjourned at 12:15 a.m. D. KOREY LOWDER EAGLE CITY CLERK/TREASURER