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Minutes - 1998 - City Council - 01/27/1998 - RegularEAGLE CITY COUNCIL MEETING MINUTES January 27, 1998 JOINT MEETING OF THE ADA COUNTY COMMISSIONERS AND EAGLE CITY COUNCIL COUNCIL:6:30 p.m. 1. CALL TO ORDER: Mayor: Ada County Commissioners are unable to attend tonights meeting as scheduled. 2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Merrill I move to delete Item 5A, which will be continued to a later date, and add under 5A Transportation Enhancement Project, and move reports of the Mayor and City Council to 5B. Seconded by Bastian. ALL AYE: MOTION CARRIES ......... 4. 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. Minutes of January 13, 1998 B. Minutes of January 14, 1998 C. Minutes of January 21, 1998 D. Claims Against the City Merrill moves to remove the Claims Against the City off the Consent Agenda so Council can have time to review. Seconded by Guerber. ALL AYE: MOTION CARRIES ............... Guerber moves to remove ItemA, Minutes of January 13, 1998, from the Consent Agenda for correction. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... Guerber: Jim Wroten's name is misspelled. Guerber moves to approve the minutes of January 13, 1998. Seconded by Merrill. ALL AYE: MOTION CARRIES ................. Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. ALL AYE: MOTION CARRIES... 5. UNFINISHED BUSINESS: A. Discussion of Ada County Sports Complex. Continued. 5A. Transportation Enhancement Proiect. Mayor introduces the issue. Evelyn Holder, City Hall Staff, provides an overview of the application and discusses the funding needed. General discussion. Guerber moves to agree to commit the City to expend the appropriate funds out of the Parks Budget to provide the 20% match and to provide for future maintenance. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ............. 5B. 8. REPORTS: A. Mayor and Council's Reports: Guerber: No report. Sedlacek: Gravel for rear parking lot. Parking lot needs to have mud dug out before gravel is put in. Would like Council input. General discussion. Council agrees to have some gravel brought in. Contacted Bill Jarocki with BSU Environmental Finance Center and they can provide some assistance with the rates for the City Water System. The cost to do the project would be approximately $200, provides Council with a handout. GeneraI discussion. Lynne moves to take the template provided by Boise State Environmental Finance Center and forward it to EM2FUnited Water to fill in the blanks and forward on to Bill Jarocki, with a copy to the City, in time to have a presentation prepared for the February 24, 1998, City Council meeting. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES .......... General discussion. Sedlacek reports on the Eagle Fun Days meeting. Reports on the ceremonial signing of the Sewer District/Boise City Agreement. Reports on the Sewer District Election. February 9, 1998, at the Senior Citizens Center, 3:00-7:00, will be an open house format, it is actually a public hearing, to go over the Eagle Sewer District's facility plan and the selection of Boise as the long term option. Mayor: Reports on the search for a location for the Nut Feed. General discussion. Bashan: Met with Ron Freeman and discussed Sheriff's services for the City and Community Policing. Mayor and Council are invited to go on patrol with the Officers. Report on the Library Board meeting. Merrill: Reports on the Design Review and the Historic Commissions meeting, they reviewed the work being done at the Bank Club. Testifying tomorrow before the Legislatm-e on the Future Acquisitions Map and she would like direction from the Council. Discussion. Discussion on minutes of the Park Committee and the Historical Commission, the minutes will be on file at City Hall. We need a clarification on the Park Committee. Mayor: Discusses Customer Appreciation Day. Would like Council to volunteer some time to work in the City Booth. B. City Clerk/Treasurer's Report: Provided Council with the financial report for December, 1997. C. Zoning Administrator's Report: Discusses a bill before the Legislature on property rights. There will be a Planner's lunch on February 4, 1998, at Louie's, and this will be discussed. Displays an overlay of the Bank Club and discusses the design changes. General discussion. Reports on the Planning & Zoning Commission's actions. D. City Engineer's Report: No report. E. City Attorney's Report: No report. Mayor calls a recess at 7:35 p.m. Mayor reconvenes at 7:45 p.m. C. Focus Groups for Comprehensive Plan Amendments: Per City Council request, Nancy Taylor, with J.U.B. Engineering will present proposed names for thc focus groups for thc upcoming Comprehensive Plan amendments. Mayor introduces thc issue. Nancy Taylor, JUB Engineers. Provides Council with an updated list of individuals who are interested in servicing on the Focus Groups. General discussion. Mayor and Merrill will take input from Council and meet with Nancy Taylor on recommendations for the focus group. Bastian moves to authorize the Mayor to consult with other Council members and Nancy Taylor and make recommendations for the focus groups at the next regular meeting. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES .............. D. Merrill Park Land Exchange Agreement: (JM) Mayor introduces the issue. Discusses the Well's property. Mayor talked with Mrs. Wells and she is excited about having a park in that location and is interested in tax advantages. Mayor is to talk to Mrs. Wells at the end of the week. McFadden: The changes as discussed by Council at the last meeting have been made in the Exchange Agreement with a few other minor modifications. One being P2.8 regarding environmental inspections and at this point the party you are exchanging the property with is going to do the paperwork and do the environmental inspection on the property by the time that we take delivery of the property. P2.3: I want to make sure you are comfortable with the language regarding the traffic signals and the access. P2.1: We did include that we have the ability to make the decision regarding imminent domain if necessary for acqffu-ing the property and that our obligation to acquire the property was not necessarily absolute. Ed Miller, representing Eagle River. Discusses the Exchange Agreement. General discussion on the right in-right out access on the Alternate Route. Council feels that any reference to the City taking a roll in this is unacceptable. Ed Miller would like to see something in the agreement that the City acknowledges that the developer is going to pursue this access. General discussion. Merrill moves to accept the draft Exchange Agreement with the City of Eagle and Eagle River, LLC, an Exchange Agreement and Joint Closing Instructions for the Merrill Park property exchange with the changes on 2.3 that strikes out any indication that the City is in support of or in joint party to an Eagle Alternate access and leave in the last line that Eagle River will assume the role in the application for the right in right out access. Seconded by Guerber. Discussion. Amend Motion to say Eagle River will assume responsibility for an application to gain right in and right out access. Seconded concurs. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION AS AMENDED CARRIES ................ 6. PUBLIC HEARiNGS: A. PP-3-97 & FP-10-97 Casa Escuela Subdivision - Darren Leavitt: Meridian School District No. 2, represented by Darran Leavitt with Arrow Land Surveying, is requesting preliminary and final plat approval for a 8.13-acre, 9-lot (6-buildable) commercial subdivision. The site is located on the north side of East State Street and along the east side of Academy Avenue approximately 800-feet west of Edgewood Lane. Mayor introduces the issue. No ex parte contact among Council. Merrill's residence is within 300' feet and she will be unable to vote. Sedlacek, in her employment with Eagle Sewer District, has investigate the sewer availability to these lots. Darren Leavitt, 128 S. Eagle Road I have nothing in addition to the information you have received in your packets. I am available to answer questions. Butler: Displays an overhead of the site plan and discusses the same. Provides an overview of the Staff Report. General discussion. Mayor opens the Public Hearing. No one has signed up to speak. No written testimony. General discussion. Jim Carberry, 3283 Raindrop Drive, Boise, representing the Meridian School District. Discusses where the money from the sale of the lots would go. Mayor closes the Public Hearing. Bastian moves to approve PP-3-97/FP-10-97 Casa Escuela Subdivision with all of the recommendations of Staff and Planning & Zoning as represented to us in this document labeled 6A this evening. Seconded by Sedlacek. Discussion. Bastian amends his motion to include a 7Ch condition that would require that trees are planted along Academy Avenue to be a maximum of 35' apart and no further than 5' away from the sidewalk and trees of a type that would not cause damage to the sidewalk. Sedlacek concurs. 3 AYES: 1 ABSTAIN: AMENDED MOTION CARRIES ............. B. Ordinance 309 - City initiated zoning ordinance amendment (ZOA-7-97): Ordinance Of The City Of Eagle, Ada County Idaho, Amending Eagle City Code, Title 8 "Zoning", Chapter 4, "Off-Street Parking And Loading", Sections 8-4-1: Interpretation Of Provisions, 8-4-2: Application Of Provisions, 8-4-3: Design And Maintenance, 8-4-4: Additional Parking Regulations And Rcqinrcments, 8-4-4-1: Location Of Parking Spaces, 8-4-4-2: Additional Design And Maintenance Regulations And Requirements, 8-4-4-3: Joint/Collecffve Parking Facilities, 8-4-4-4: Parking Disabled Vehicles, 8-4-4-5 Parking In-Lieu Payments, 8-4-4-6 Bicycle Parking, 8-4-5: Schedule For Parking Requirements, And 8-4-6: Additional Loading Space Regulations And Requirements And Adding Section 8-4-4-5 Parking In-Lieu Payments And Section 8-4-4-6 Bicycle Parking. (This item was continued from the Decemberl6, 1997 meeting.) (MLB) Mayor introduces the issue. Buffer discusses the lighting changes and the amount of parking in lieu fees. Mayor opens the Public Hearing. No one has signed up. Mayor closes the Public Hearing. General Council discussion. Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #309 be considered after being read once by title only. Bastian reads Ordinance #309 by title only. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ........... Bastian moves that Ordinance #309 be adopted. Seconded by Sedlacek. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Gnerber: AYE: ALL AYE: MOTION CARRIES .......... C. Ordinance 311 - City initiated zoning ordinance amendment (ZOA-9-97): Ordinance of the City of Eagle, Ada County Idaho, amending Eagle City Code, Title 9 "Subdivisions", Chapter 4, "Required Improvements", Section 1, "Improvements Required", Paragraph 9, "Water Supply And Sewer Systems".(MLB) Mayor introduces the issue. Butler reviews the proposed ordinance. Mayor opens the Public Hearing. Mike Plunkett, 843 N. Ballantine Ln. Wondering how much water. That is pretty open. General discussion. Mayor closes the Public Hearing. Bastian reads the title of Ordinance #311. Bastian moves that this be considered reading one and the next reading be conducted at the next regular Council meeting. Legal Counsel states that the entire ordinance needs to be read. Bastian withdraws his motion. General discussion. Guerber moves to table this item to the February 24, 1998, meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... A. Resolution #98-3 - New fee for Temporary Certificates of Occupancy and Sureties: The Zoning Administrator is requesting Council approval of new fees to recover expenses directly related to new development requests for Temporary Certificate's of Occupancy and Sureties (i.e.: Letters of Credit, Certificates of Deposits, etc.). Mayor introduces the issue. Butler provides a review of the Resolution for Council. Mayor opens the Public Hearing. No one has signed up to speak. Mayor closes the Public Hearing. General Council discussion. Sedlacek moves to approve Resolution #98-3, a Resolution of the City of Eagle, Idaho, providing for procedures for the issuance of Temporary Certificates of Occupancy and providing for fees for Temporary Certificates of Occupancy and providing an effective date. Seconded by Merrill. ALL AYE: MOTION CARRIES ........ A. Resolution # 98-4 - New fee for Parking in-lieu Payments: The Zoning Administrator is requesting Council approval of a new fee to provide for parking in-lieu payments from applicants who propose off-site City parking in lieu of on-site private parking as permitted with Ordinance #309. Mayor introduces the issue. Butler: This item needs to be continued so the correct fee can be published. MERRILL moves to continue Resolution #98-4 to the next scheduled City Council meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............. 7. NEW BUSINESS: A. Entry Statement Concepts Consultant: The Zoning Administrator is requesting Council approval of the proposal submitted by John Bertram for personal services in the amount of $5,900. The proposal is to provide the City with recommendations for City Ordinances regarding entry statements. The Design Review Board had requested these services prior to recommending approval of the Zoning Ordinance amendments related to City entry statements. The Council may want to consider using funds budgeted for studying the City's grid system since $10,000 was budgeted and the Land Group's estimate for their portion of the work to be done for the grid system study was approximately $4000, leaving $6000. (MLB) Mayor introduces the issue. Mike Vance, 825 E. State Street, Design Review Board. Discusses entry signage and the sign proposed by the Chamber of Commerce. General Council discussion. Pauline Hinman, 404 Ranch Drive, representing the Executive Board of the Chamber of Commerce. Lynne has brought you up to date on what has occurred. I was asked to approve this proposal and I would not without polling the Executive Board. The Executive Board did not know what was going on with this sign. The City had not let the Chamber know what was going on with this sign. I am upset and the Chamber members were upset on how we were treated and left out in regards to the sign. We feel that we should be working together. I have assurance from the Mayor and Lynne that this will not happen again. Merrill offers some clarification on the signs. There are two areas that we are working on. The comp plan involves entry statement signs. The meeting was for entry statement signs. Also the Enhancement program involved entry statement signs. It was not a meeting that was called to do anything with the Chamber sign. General discussion on how these things should be conducted. Mayor states that this matter should have come before the Council for direction. Discussion. John Bertram, 1 Park View Place, Boise. We have a solution here. I have done this in the past. I have shared slides the Design Review Committee. I have had a chance to talk to many of the participants. Discusses the areas of the proposal. General discussion. Pauline Hinman. Questions for John Bertram. 1. Financial obligation. Who would pay if the bill would be over the $5,900. Bertram would sign a contract for the $5,900. 2. Competitive bidding. What amount of money is needed to enter into competitive bidding. Legal Counsel states that if the City is purchasing the sign it would have to follow the competitive bidding laws. If the Chamber purchase a sign they would not have to go out to bid. 3. Is it possible for another company to present a proposal to the City Council on this project. General discussion. The auction funds were committed for landscaping. The Executive Board is concerned about the money, the land acquisition, the cost of the sign and the maintenance. Also, what happened to the ordinance we started on. General discussion. Chamber Members agreed to support the proposal. General discussion. Merrill: I would like to add Mike Vance to this. He is a member of the Design Review Committee. General discussion. Merrill moves to appointment Pauline Hinman, Lynne Sedlacek, Nancy Merrill, Gary Blaylock, Wayne Crosby, Tod Taylor, John Bertram, Noel Webber, Mark Butler and Mike Vance to the Steering Committee for entry signage. Seconded by Bastian. Discussion. Merrill amends motion to pull John Bertram and Noel Webber from the committee. Second concurs. ALL AYE: AMENDED MOTION CARRIES .............. Mayor: We need to act on the proposal to hire the consultant. So moved by Guerber. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................ General discussion on preparation of the ordinance. Mayor calls for a recess at 9:50 p.m. Mayor reconvenes the meeting at 10:10 p.m. B. 97-39-PDR/97-23-Pl~ Harcourt Planned Residential Development and Private Road - Gary Lee: Harris Construction Co., Inc., represented by Gary Lee with J-U-B Engineers, Inc., is requesting preliminary plat approval for Harcourt Subdivision, a 3-lot, 7.42-acre residential subdivision with a private road. The proposed subdivision is located on the west side of Park Lane, approximately 1,700 feet north of State Highway 44. This subdivision is located in the Eagle Area of Impact. (MLB). Mayor introduces the issue. Gary Lee, JUB Engineers, 250 S. Beechwood, Boise. Discusses the preliminary plat. Private road will be in accordance with City Code. Water will be domestic wells. Irrigation water will service the property. Ada County review is scheduled for February 10t~. Butler: Displays an overhead of a site plan and gives an overview of the Staffreport. Staff's concern is over the private roads. Displays a map of the subdivision and discusses same. Discussion on a installation of a pedestrian pathway. General discussion. Gary Lee, there will be individual septic systems. We are working with Central District Health on this. General Council discussion. Guerber moves to approve with the condition on the existence of an easement for a connecting pathway to the West edge of the property. Seconded by Merrill. Discussion. Bastian moves to amend the motion to require a condition that the street be 24' in width. Seconded by Sedlacek. Discussion. 2 AYE: 2 NAY: MAYOR: AYE: AMENDMENT TO MOTION CARRIES ............ ALL AYE ON ORIGINAL MOTION: MOTION CARRIES ............ C. Proposed Letter Regarding Business Signs: Per City Cotmcil request, the Zoning Administrator has provided a draft copy of a proposed letter to be sent to all businesses outlining current sign requirements and related City goals. (MLB) Mayor introduces the issue. Sedlacek: There were a lot of hard feelings carryover. Some question if existing signs can remain. General discussion. Question about being approved by the City's Zoning Administrator and how long it would take to get approval. Butler states the time usually takes 10 minutes to a day. Define a temporary type sign and a limited basis. General discussion. Musick needs to have a sign directing to off site parking, needs some direction. Other comments that this seems to be micro-management on business. Attach a copy of the Ordinance to the letter when it goes out. General Council discussion. Bastian moves to continue the draft of the letter to the Eagle business people to the February 10, 1998, meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............. D. Bike Lane Policy: The Mayor is requesting Council discussion regarding the requested submission o£ comments regarding ACHD Bike Lane Policy. (RY) Mayor: A special meeting is scheduled for January 29, 1998, at 7:00 p.m. General discussion. E. Electronic Copy of City Code: The Mayor is requesting Council direction as to whether or not they wish to have an electronic copy o£the City Code at this time. (RY) Mayor introduces the issue. Merrill moves to put the electronic copy of the City Code from Sterling Codifiers on disk. Seconded by Bnstian. ALL AYE: MOTION CARRIES .............. F. Special Meeting Date: The City Clerk is requesting Council to select a date for a special meeting to Canvas the votes of the February 3~d election. (SKS) Mayor introduces the issue. Mayor and Council agree to schedule a special meeting £or February 4, 1998, at 5:00 p.m., to canvas the votes. G. Discussion o£possibly changing the name o£ State Street to Main Street, between Edgewood and Ballantyne. (MLB) Mayor introduces the issue. General Council discussion. Bastian moves to go into Executive Session to discuss legal matters. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............... Discussion on legal matters. Sedlacek moves to pay the claims against the City. Seconded by Merrill. ALL AYE: MOTION CARRIES .................. 9. ADJOURNMENT: Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:40 p.m. SHARON K. SMITH CITY CLERK/TREASURER APPROVED: