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Minutes - 1997 - City Council - 08/26/1997 - RegularEAGLE CITY COUNCIL MEETING MINUTES August 26, 1997 PRECOUNCIL: 6:30 pm - 7:30pm 1. Sheriff's Report: Lt. Dale Woodcook - No report. 2. Mayor and Council's Reports: Sedlacek: Reports on the Boise City Council meeting held today and the agreement with the Sewer District. General discussion. Sedlacek discusses the items she is going to bring up at the Economic Development meeting. Bastian: No report. Masher: Discusses roads in Eagle and a meeting he had with ACHD. Next Thursday will be a trip to King Hill to look at the bridge. Discusses Red Wood Creek pathway. Merrill: Reports on Merrill Park progress. Land Group will be sending over a contract on Merrill Park to be signed by the City. General discussion. Discusses water for the Ada County Park. Meeting with Ada County Commissioners on August 29, 1997, at 3:00 to discuss the Ada Cotmty Park. Reports on the Historical Commission. Park Committee will have names in for appointment at the next City Council meeting. Mayor: Reports on a conversation he had with Mayor Ellis of Garden City on police service. Seminar at Garden City City Hall on September 26, 1997, on Law Enforcement. Reports on Treasure Valley Partnership meeting. General discussion. 3. City Clerk/Treasurer's Report: Discusses Joint Meeting with ACHD Commissioners on September 29, 1997. 4. Zoning Administrator's Report: Displays new aerial map of the City of Eagle. Comp Plan Amendments and Zoning Ordinance Amendments were passed by P&Z and will be before the Council the end of September. 5. City Engineer's Report: Bill Johnson: Discusses the Echo Creek berm. Reports on the Eagle City Water System. Eagle Water System Certification of Capacity report has been completed and distributed to Council. Suggests that a public work shop be held with a representative of EM2. Reports on the King Hill bridge. General discussion. 6. City Attorney's Report: No report. Chuck Jeters, 3016 East Red Tail, Eagle. Discusses the work on the berm. Trying to schedule a meeting with the homeowners. General discussion. Discussion on the speed limit. Mayor calls a recess at 7:20 p.m. Mayor reconvenes meeting at 7:30 p.m. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Masner, Merrill, Sedlacek. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. CONSENT AGENDA: Masner moves to approve the Consent Agenda. Seconded by Merrill. Discussion on putting Ordinances on the Consent Agenda. ALL AYE: MOTION CARRIES ......... A. Minutes of Aug,r 19, 1997 B. Claims Against h,e City C. RZ-5-96 - Findings of Fact - From A to C-2 - Albertson's Corporation: The Zoning Administrator is requesting Council approval of the Findings of Fact for the rezone application submitted by Albertson's Corporation. The site is located at 434 S. Eagle Rd., near the northeast comer of Eagle Rd. and the Eagle Alternate Route. (MLB) D. Extension of Time Fuerte De La Aguila Subdivision: LaRue Bevington is requesting a 1-year extension due to health complications. The 1.08 acre subdivision consists of one vacant lot for commercial use, a second lot for an existing veterinary clinic, and a third lot for an existing residence. The site is located on the northeast comer of State Street and Palmetto. (MLB) 5. UNFINISHED BUSINESS: A. Adoption of 1997/1998 FY budget: Mayor discusses the changes that were proposed at the City Council meeting on September 19, 1997. Discussion on increasing the amount allotted for the development of Merrill Park. Mayor recommends taking $100,000 out of the building fund and dedicate it to Merrill Park. General discussion. Bastian moves to adopt the proposed final budget that is in the draft form "Final Budget Report" FY 1998 as proposed except for the following changes: That on Page 12, Item 5A, subtitle Capital Expenditures be reduced from $257,770 to $157,770 and that item 5C, Parks and Recreation Department, subtitle Park Land Acquisition and Development be increased from $200,000 to $300,000. Seconded by Masher. ALL AYE: MOTION CARRIES .......... B. Ordinance No. 305 FY 1997/1998 Annual Appropriation Mayor introduces the issue. Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances to be read on three (3) different days with one (1) reading to be in full be dispensed with, and that Ordinance No. 305 be considered after being read once by title only. Bastian reads the title of the ordinance. Seconded by Masher. ALL AYE: MOTION CARRIES .......... Bastian moves that Ordinance No. 305 be adopted. Seconded by Masner. Bastian: AYE, Masner: AYE, Merrill: AYE, Sedlacek: AYE: ALL AYE: MOTION CARRIES ......... C. Ordinance No. 299: The City Clerk is requesting Council approval to amend Title 1 Section 5:3 amending the annual salaries of the Mayor and Council. (SKS) Mayor introduces the issue. Sedlacek moves, pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances to be read on three (3) different days with one (1) reading to be in full be dispensed with, and that Ordinance No. 299 be considered after being read once by title only. Sedlacek reads the title of Ordinance No. 299. Seconded by Merrill. ALL AYE: MOTION CARRIES .............. Bastian moves that Or ~ race No. 299 be adopted, astlan: AY~ ~asner: AYE, Merrill: AYE, Sedlaeek: NAY: ~flREE AYES: ONE NAY: MOTION CAtdiIES ......... D. Appointment of Design Review Board Member: The Mayor is requesting Council approval of his recommendation for the vacant Design Review position. (RY) This item was continued from the August 19, 1997 meeting. Mayor introduces the issues. This item does not need to be considered at this point. I request this item be dropped from the Agenda. E. Review of the Design Review Board: The Council has requested the City Attorney research restructuring the Design Review Board and their procedures. This item was continued from the August 19, 1997 meeting. Mayor introduces the issue. City Attorney provides a Memo to the Council and discusses his research on the issue. There is nothing in the statutes that can guide us one way or the other. We need to make sure we are in accordance with the Local Planning Act. There is no major objection to taking this process. There is an element of risk. General discussion. Butler discusses the proposed ordinance that has been written. It will becoming before City Council soon. General discussion. F. FP-4-97 - Lexington Hills Subdivision Final Plat #11 - Van Elg: Lexington Hills, Inc./Edge Development, represented by Van Elg with Briggs Engineering, is requesting final plat approval for a 9.83-acre, 1-lot subdivision located at the northeast comer of Lexington Hills Subdivision, approximately ½-mile north of Floating Feather Road abutting existing State Highway 55 on the east. The applicant is also requesting approval of the site plan for a 56-space manufactured home park located within Lexington Hills Subdivision phase #t 1. This item was continued from the August 19, 1997 meeting. (MLB) Mayor introduces the issue. Van Elg, Briggs Engineering, discusses the project and reviews the previous discussions that were before the Council. Butler: Staffhas recommended approval with six conditions. Reviews the conditions for Council. General discussion. Bastian has some concern about the water and refers to a letter from EM2 in regards to water for this development. Dean Briggs, Briggs Engineering, discusses the water issue. Ongoing discussions with Lexington Hills on providing the water needed. Discussion on the sidewalks. General discussion on sidewalks, berm and conditions to be placed on approval of the final plat. Dean Briggs, Briggs Engineering, discusses the berm and the landscaping. Further discussion on the water issue. General discussion. Bastian moves for apF~ al of FP-4-97 Lexington Hills Subdivisi ~ 'Winai Plat #11 with the conditions recommendi~u by Staff and the following additional conaitions to be noted as conditions 7-11: # 7: Provide a loop water system to interconnect the Eagle Municipal System between Trail Creek and Lexington Hills as set forth in EM2, Inc. Engineering Management & Maintenance report of August 25, 1997, the recommendations for that interconnection be based upon this report. #8: Sidewalks to be established on both sides of the street with a minimum width of 4', # 9: Restricted to Seniors only, age 55 and over. #10: A berm of 6' from center line of State Hwy 55, meaning not necessarily a naturally built berm but an elevation of that height measured from the center line there is a earthen buffer between Hwy 55 and this subdivision of a minimum of 6' above the center line, #I1: provide a pressurized irrigation system to be interconnected with Lexington Hills Subdivisions pressurized water system. Seconded by Masher. Discussion. Masher moves to amend the motion by adding a condition that roof pitches be 4/12 minimum and that there be a minimum 11" overhang and that ali units be double wide. Seconded by Merrill. Discussion. Bill Webster, Developer. We can live with 4/12 we would prefer 3/12, we have no problem with double wide. Would prefer to have the option of 3/12 and 4/12. Discussion. ALL AYE: AMENDMENT TO THE MOTION CARRIES ........... Vote on the original motion: ALL AYE ON THE ORIGINAL MOTION: MOTION CARRIES .............. G. Council Advisory Committee: The Mayor is requesting Council to discuss possibly forming a Council Advisory Committee. (RY) This item was continued from the August 19, 1997 meeting. Mayor introduces the issue and reviews the three options that have been discussed. General discussion. Discussion on town hall meetings. General discussion on how Council can reach out to the citizens of Eagle for their input on issues. Council agrees that each Council Member should be free to contact citizens and discuss issues of concern. Mayor will work out a Town Hall meeting and bring back to Council. H. The Council will discuss possibly holding three Council meetings a month. This item was continued from the August 19, 1997 meeting (RY) Mayor introduces the issue. Mayor recommends having a third meeting on the 3rd Tuesday of the month from 4:00 p.m. to 7:00 p.m. This meeting would not include land use, planning matters and public hearings. General discussion. Council concurs with this recommendation. Mayor recommends not taking on any new business after 10:30 p.m. at regular Council meetings. Mayor calls for a recess at 9:00 p.m. Mayor reconvenes at 9:10 p.m. I. City Initiated Annexation and Impact Area Expansion: The Zoning Administrator is requesting Council direction on how to proceed with the City initiated annexation and impact area expansion. (MLB) This item was continued from the August 19, 1997 meeting. Mayor introduces the issue. Butler discusses annexation and the impact area expansion. Would like direction from Council on how to move forward. Displays overlays of the new map for annexation. Provides Council with five possibilities on moving forward. General discussion. Masner moves that St:~' ' aove forward in the direction of resear, ~'"g the taxation impact upon the property to be annexed and do comparisons on property Lax assessments.. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........... Butler displays an overlay and discusses the Impact Area Expansion. General discussion. Butler introduces Nancy Taylor, the facilitator for the Annexation and Impact Area public workshops. Nancy Taylor, Planner for JUB Engineers and facilitator for the public workshops on Annexation and Impact Area. Discusses the workshops and the issues that came out of the meetings. Mayor and Council express their appreciation of how professionally Nancy handled the meetings. Butler recommends postponement of the Impact Area Expansion and move forward with the one for the Sewer District and adjusting the one on the highway and bring that expansion to you when we come before you with the Comp Plan amendment. So moved by Masner. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ............ General discussion on the people who want to be annexed. J. Parks Committee Ordinance #300: The Zoning Administrator is requesting Council approval for a Parks Committee Ordinance establishing a Parks Committee and related regulations. (MLB) This item was continued from the August 19, 1997meeting. Mayor introduces the issue. Butler explains the reason and need for the Ordinance. General discussion. Legal Counsel states that this is not in Ordinance form and will be drafted and brought back to Council for approval. Merrill moves that the City Attorney draft Ordinance No. 300 and bring back before Council at the next regularly scheduled meeting. Seconded by Bastian. ALL AYE: MOTION CARRIES ............. K. Ordinance 303 for RZ-5-96 - Albertson's Corp.: The City Clerk is requesting approval of Ordinance 303 which changes the classification of the real property (described in Exhibit A of the ordinance) from A(Agricultural) classification to C-2 (General Business District) classification with a development agreement amending the zoning map of the City of Eagle to reflect said change and providing an effective date. The site is located at 434 South Eagle Road on the east side of Eagle Road just north of the Alternate Route. (MLB) This item was continued from the ~tugust 19, 1997 meeting. Mayor introduces the issue. Merrill moves, pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances to be read on three (3) different days with one (1) reading to be in full be dispensed with, and that Ordinance No. 303 be considered after being read once by title only. Merrill reads the title of Ordinance No. 303. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. Merrill moves that Or/" ~nce No. 303 be adopted. Seconded by '~',~tian: AYE, Masner: AYE, Merrill: AYE, Seolacek: AYE: ALL AYES: MOTION CAtxR1ES ......... L. Assistance League of Idaho: Mayor Yzaguirre is presenting Council with the opportunity to donate money to the Assistance League to help provide schools supplies for children in the Meridian School District. (RY) This item was continued from the August 19, 1997 meeting Mayor introduces the issue. General discussion. Bastian moves that we appropriate $500 to the Assistance League of Idaho to help them purchase schools supplies for needy children. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES .......... 6. PUBLIC HEARINGS: A. ZOA-2-97 - Zoning Ordinance Amendment- City of Eagle: To consider an ordinance amendment (ZOA-2-97) providing for landscape and buffer area requirements for developments requiring a Design Review, including but not limited to all subdivisions. (MLB) Mayor introduces the issue. Butler discusses the ordinance amendment. P&Z recommended approval of the amendment to the ordinance. Mayor opens the Public Hearing. No one has signed up to speak to the issue. Mayor closes the Public Hearing. General discussion. Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances to be read on three (3) different days with one (1) reading to be in full be dispensed with, and that Ordinance No. 295 be considered after being read once by title only. Bastian reads the title of Ordinance No. 295. Seconded by Masner. ALL AYE: MOTION CARRIES .............. Bastian moves that Ordinance No. 295 be adopted. Seconded by Masner. Discussion. Bastian: AYE, Masher: AYE, Merrill: AYE, Sedlacek: AYE: ALL AYES: MOTION CARRIES ......... B. Resolution 97-11- Building Permit Public hearing: The Council will hold a public hearing to consider fee increases for building permits some of which exceed 105% of prior fees. (MLB) Mayor introduces the issue. Butler explains the issue to Council. Mayor opens the Public Hearing. No one is signed up to speak on the issue. Mayor closes the Public Hearing. Bastian moves to approve Resolution 97-11. Seconded by Masner. ALL AYE: MOTION CARRIES .............. C. Resolution 97-12 1 '~ ~ use application fee public hearing: Th )uncil will hold a public hearing to consider fee increases for land usc actions some of which exceed 105% of prior fees. (MLB) Mayor introduces the issue. Butler explains the Resolution to Council. Mayor opens the Public Hearing. No one has signed up to speak on the issue. Mayor closes the Public Hearing. Bastian moves to approve Resolution 97-12. Seconded by Masner. ALL AYE: MOTION CARRIES ........... 7. NEW BUSINESS: A. ACHD Ad Hoc Study Group: The Mayor is requesting Council confirmation of his appointments to the ad hoc study group being formed by ACHD. The group is being formed to assist ACHD "work out the details" regarding their desire to increase the number of board members from three to five. (RY) Mayor introduces the issue and recommends three people: James M. Gruber, Richard C. Kinder and Morgan W. Masner. Merrill moves that Council accept the Mayor's recommendations to the ad hoc study group for ACHD. Seconded by Sedlacek. THREE AYES: ONE ABSTAIN. MOTION CARRIES ......... B. Kine Hill Bridae: The Mayor is requesting direction as to whether or not the City wishes to actively pursue obtaining the King Hill Bridge for use in the Island Woods greenbelt system. (RY) Mayor introduces and discusses the issue. JUB Engineers needs a response by August 31, 1997. General discussion. Bastian moves that the City actively pursue obtaining the King Hill Bridge for use in the Island Woods green belt system. Seconded by Masner. Discussion. ALL AYE: MOTION CARRIES ......... C. Project Coordinator for King Hill Bridge Acquisition: (ShouM the Council choose to pursue acquisition of the King Hill Bridge) The Mayor is requesting Council to approve the proposed contract submitted by Charles C. Mahler to act as a project coordinator for the King Hill/Island Woods project. (RY) Mayor introduces the issue. General discussion by Council. Bastian moves that the City contract with Charles C. Mahler to act as project coordinator to the King Hill/Island Woods project at $40/hour, not to exceed $3,000.00. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... D. EXECUTIVE SESF~' N_: The Council will go into executive se' n to discuss legal matters. ° Moved by Masner to go into Executive Session to discuss legal matters. Seconded by Sedlaeek. Bastian: AYE; Masher: AYE; Merrill: AYE; Sedlacek: AYE. ALL AYE: MOTION CARRIES .......... Bastian moves to go out of Executive Session. Seconded by Masner. ALL AYE: MOTION CARRIES ............ 8. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Bastian . ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:45 p.m. Re~pet~tfully submitted: , ~ ,~ O r Ed A% CI~ CLE~T~ASU~R : ~' ' · APPROVED: MAYOR ~.} !