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Minutes - 2011 - City Council - 05/10/2011 - Regular EAGLE CITY COUNCIL Minutes May 10, 2011 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Ada County Assessor's Report: Robert McQuade-Mr. McQuade addresses the council and reviews hand outs. Eagle area reports are looking up, much better than last year, with total values down by only a few percentages this year. 2. Mayor and Council's Report and Concerns: River flow concerns. 3. City Clerk/Treasurer Report: Reschedule town hall meeting this month due to election, reschedule for June. ACHD joint meeting on 5/26, review of RFP for City Hall. 4. Zoning Administrator's Report: Arbor Ridge discussion,painting of numbers on curbs, ACHD project on Horseshoe Bend Road. 5. Public Works Director' Report: Senior Center work will begin next Tuesday and the eagle over Eagle Road will be taken down and repaired soon. Building department permits issued this year. Park and pathway volunteer day,May 14th 6. City Attorney Report: Discussion on pathway impact fees. REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Council President Shoushtarian calls the meeting to order at 6:35 p.m. 2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, GRASSER. All present. A quorum is present. The Mayor is absent. 3. PLEDGE OF ALLEGIANCE: Al Shoushtarian leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Louise Curtis, Eagle Glenn townhouses would like recycling available to her. Rachele from Allied Waste addresses this concern,they have been trying to work this out, but the homeowner association is not interested at this time. 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 12,2011. C. Minutes of April 26,2011. D. DR-75-02 MOD — Modification to the Master Sign Plan for Eagle Professional Park, Including a Building Wall Sign and A-Frame Sign for Switcharooz — Switcharooz Children's Resale: Switcharooz Children's Page I K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-10-1 Imin.doc Resale, represented by Gene Lopez, is requesting design review approval to modify the master sign plan for the Eagle Professional Park. The applicant is also requesting approval of a building wall sign and a-frame sign for Switcharooz Children's Resale. The site is located on the west side of North Stierman Way approximately 180-feet north of East State Street at 125 and 151 North Stierman Way. (WEV) E. DR-07-11 — Office Building — Spring Creek Office, LLC: Spring Creek Office, LLC, represented by Mike Fairchild, Architect, is requesting design review approval to construct a 2,442-square foot office building within Winding Creek Subdivision. The 0.22-acre site is located on the north side of East State Street approximately 350-feet west of Hill Road at 971 East Winding Creek Drive. (WEV) F. DR-08-11 — Two Building Wall Signs and a Monument Sign for Spring Creek— Spring Creek Office,LLC: Spring Creek Office, LLC, represented by Mike Fairchild, Architect, is requesting design review approval to construct two non illuminated building wall signs and a monument sign. The site is located on the north side of East State Street approximately 350-feet west of Hill Road at 971 East Winding Creek Drive. (WEV) G. DR-09-11 — Humphrey Medical Office Building — Humphrey Shoulder Clinic: Humphrey Shoulder Clinic, represented by Rob Powell with Dave Evans Construction, is requesting design review approval to construct a 2,992-square foot medical office building within Castlebury West Business Park. The 0.74- acre site is located on the north side of West Chinden Boulevard approximately 465-feet west of North Meridian Road at 3357 West Bavaria Street. (WEV) H. DR-10-11 —Two Building Wall Signs and a Tenant Panel for the Monument Sign for Humphrey Shoulder Clinic — Humphrey Shoulder Clinic: Humphrey Shoulder Clinic, represented by Rob Powell with Dave Evans Construction, is requesting design review approval for two (2) non illuminated building wall signs and a tenant panel for the monument sign for Humphrey Shoulder Clinic. The site is located on the north side of West Chinden Boulevard approximately 465-feet west of North Meridian Road at 3357 West Bavaria Street. (WEV) I. Noise Waiver Request: Eagle Rodeo Inc. is requesting a noise waiver as allowed by Eagle City Code 4-9-6(D) to accommodate the Eagle Rodeo events taking place on June 9 - 11, 20101 in the field behind Idaho Athletic Club. Eagle Rodeo is requesting that the waiver be extended to midnight on each date listed above. (SH) Grasser would like to remove items 5A and 5D from the consent agenda. Semanko would like to remove items 5B and 5C from the consent agenda. Huffaker moves to approve items 5E,5F,5G, 5H and 5I. Seconded by Grasser. ALL AYES: MOTION CARRIES Discussion on BMX track expenditures. Deputy Clerk Horton explains that this is all part of the funds that council put in their budget line item for these expenses. This money is coming from the park impact fees collected that can only be used for park development, no money is coming out of the general fund to cover these expenses. Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-10-11min.doc Grasser moves to approve 5A,claims against the city. Seconded by Semanko. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES Semanko: Minutes of April 12th, check time of start of meeting, time of executive starting. RAFN, Reasonably Anticipated Future Needs should be spelled out and correctly. On page 3, item H, loading dock cover on Zamzows,please note that Mr. Vaughan mentioned input from Design Review Board. The Board was asked informally about the shed and had no objections. Page 4, resolution item 10, Mayor Reynolds introduced the issue, Semanko suggested that the transportation committee should be briefed on this and provide recommendation. Res 11-11, listen to tape, who seconded the motion? Change to Shoushtarian motion, seconded by Semanko. Semanko moves to approve 5B, minutes of April 12,with changes. Seconded by Grasser. Huffaker abstains from the vote as he was not at the meeting on the 12th. ALL AYES: MOTION CARRIES Semanko: Minutes of April 26th, under public comment, check spelling of Franks last name, page 4, discussion on RAFN. Semanko moves to approve 5C with changes. Seconded by Huffaker. ALL AYES: MOTION CARRIES Grasser: Discussion on item 5D in regard to upcoming possible changes to signage code. Discussion with Mark Butler about signage design. Grasser moves to approve item 5D. Seconded by seconded by Semanko. ALL AYES: MOTION CARRIES 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution 11-12: A resolution of the City of Eagle, Idaho, amending Allied Waste services fee schedule pursuant to the fourth addendum to waste collection services contract, exhibit A-rates and services and providing for effective date. (SH) Rachele with Allied Waste discusses change they are proposing, which will decrease one of their current commercial rates. Semanko moves to approve Resolution 11-12. Seconded by Grasser. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES ***Note that Mayor Reynolds has joined us by phone. B. Resolution 11-13: A resolution of the Eagle City Council to vacate the utility, drainage, and irrigation easements between Lots 2-5, Block 2, vacate the shared access/common driveway easements contained within Lots 3-13, Block 1; Lots 2-5, Block 2; Lots 1-4, 6- 9, 18-21, and 23-26, Block 6, vacate the section of plat note number 14 that references Lots 3-13, Block 1, and Lots 2-5, Block 2, and vacate plat note number 19, on Eaglefield Estates Subdivision No. 1 as shown on the attachments hereto; and providing an effective date. (WEV) Huffaker moves to approve Resolution 11-13. Seconded by Grasser. ALL AYES: MOTION CARRIES C. Resolution 11-14: A resolution of the Eagle City Council to vacate the utility, drainage, Page 3 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-10-I Imin.doc and irrigation easements between Lots 6 & 7 and Lots 7 & 8, Block 1 (Eaglefield Estates Subdivision no. 1) as shown on the attachments hereto; and providing an effective date. (WEV) Huffaker moves to approve Resolution 11-14. Seconded by Grasser. ALL AYES: MOTION CARRIES D. Resolution: 11-15: Declaration of surplus library property. (SH) Semanko moves to approve Resolution 11-14. Seconded by Huffaker. ALL AYES: MOTION CARRIES E. Resolution 11-16: A resolution of the City Council of the City of Eagle, Ada County, Idaho, amending Resolution No. 09-20 establishing a fee to recover the actual labor costs associated with locating and copying documents; and providing for an effective date. (SH) Discussion with city attorney in regard to this change made by the legislature. Semanko moves to continue Resolution 11-16 to the May 24th meeting, indicating that this item is one that welcomes public input and that this item be posted to the city web site so that folks have a chance to review it. Seconded by Shoushtarian. Discussion. Check for typos, and how many cities have adopted a resolution like this already. ALL AYES: MOTION CARRIES F. Resolution 11-18: Declaration of surplus property. (SH) Grasser moves to approve Resolution 11-18. Seconded by Huffaker. ALL AYES: MOTION CARRIES 7. UNFINISHED BUSINESS: A. Review of Joint Parking Agreement between Customedica and U.S. Bank(DR-32- 10)—Customedica: Customedica, represented by Walter Lindgren with Johnson Architects, is requesting modification to standard language of the joint collective parking agreement for shared parking between 149 W. State Street and 150 W. State Street. (WEV) Walter Lindgren, 1115 E. Pastoral Ct, Eagle reviews the application before council. Crystal Giller, 491 E. Ridge Drive, controller at Customedica addresses the council. Huffaker moves to direct staff and council to meet with Customedica and US Bank to either one of two things,come to an appropriate resolution regarding this particular language and also to either investigate what this would be according to the ITD manual that you refereneced before and bring both of these back to meeting of 26th. (Should be May 24th). Seconded by Grasser. ALL AYES: MOTION CARRIES 8. PUBLIC HEARINGS: NONE 9. NEW BUSINESS: A. Presentation by Terry Little, Traffic Services Manager with the Ada County Highway District, regarding the 2010 safety investigation completed on Eagle Road between State Highway 44 and Plaza Drive. Terry Little with ACHD discusses with council study area, background and what brought them to this study, investigations done and findings made. ****Mayor Reynolds signed off at 8:20 p.m.(by phone). Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-10-11 min doc B. Presentation by Sabrina Anderson, Planning and Programming Manager with the Ada County Highway District,regarding the State Street Traffic and Transit Operation Plan. Sabrina Anderson with ACHD gives presentation to the council and discusses joint meeting with ACHD on May 26th. 10. EXECUTIVE SESSION A. Acquisition of Private Property: I.C. §67-2345(c) B. Pending& Threatened Litigation: I.C. § 67-2345(f) Huffaker moves to go into executive session pursuant to Idaho code 67-2345(c) and subsection (f) as well,to discuss M3 and private property. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES Council goes into Executive Session at 9:00 p.m. Council discusses M3 and private property acquisition. Council leaves Executive Session at 9:45 p.m. Semanko moves to amend the agenda to add Pooley litigation to the Executive Session and the good faith reason is that the status has just been brought to our attention. Seconded by Huffaker. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES Semanko moves to extend the dead line on the Pooley settlement agreement to the city council meeting on the 24th. Seconded by Grasser. ALL AYES: MOTION CARRIES 11. ADJOURNMENT: Huffaker moves to adjourn at 9:57 p.m. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES -- //a./emu �••" oL•..• �,� SHARON K. BERGMANN •• CITY CLERK/TREASURER = ;o ' 6.* SEA` o . A 'PROVED: ,% sj•.•::::.....p.,�, + I TF I 4,,,, MES D. RE O 4 S MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-10-1Imin.doc