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Minutes - 1998 - City Council - 10/27/1998 - Special· ' ORIE;INAL EAGLE CITY COUNCIL Special Meeting MINUTES October 27, 1998 1. CALL TO ORDER: 2. ROLL CALL JOINT MEETING: City Council: Merrill, Sedlacek are present. Planning & Zoning: Brinton, Farnworth, Trent, Moser and Wilson are present. Design Review: Murray, Vance, Anderson and M~rill are present. 3. DISCUSSION ITEMS: A. Review and approval of proposed city entry si~na~e: Mayor introduces the issue. Butler displays an overhead of the Entry Monument Sign and discusses the same. General discussion between Council and Design Review in regards to the sign. Vance: The sign has not been before the Design Review. General discussion. Buffer has a landscape plan and will submit it to Design Review at the next meeting. Further discussion. (Guerber is present) John Evans, Timing issue is getting the landscaping in. The City has applied for a permit with ITD. The permit dictates the berm that is there and the future berm so we don't have a lot of wiggle room there. The intent was to have the landscaping in this fall. We are in a hmry so as fast as we can get approval on the landscaping the better. General discussion. Council will waive having the landscape plan and the sign design come back to Council and will go with the recommendation of the Design Review. General discussion. B. Current sign ordinance: Mayor introduces the issue. Sedlacek: Discusses the temporary signs. There are 158 signs that are noncompliance with the sign ordinance. This is going to take a joint effort with Chamber of Commerce, Economic Development Committee and the City Council to work this out. Murray: Has requested copies of other sign ordinances in other cities. Hopeful that in the next week a draft of the letter can be put together. General discussion. C. Discussion of establishing a voluntary work session for design review applicants prior to the submittal of applications to the city. Jim Murray Mayor introduces the issue. (Bastian is present) Murray: Our goal is helping the applicant get through the processes. We are seeing a lot of applicants that are coming back twice. We have talked about having a work session prior to the meetings on a voluntary basis. Move out meeting to a start time of 6:30 and have this work session prior to the meeting. The design would not be submitted at the time of the work session. General discussion. Legal Counsel: You will have a continuous ex parte contact. The Design Review Board is essentially giving the applicants a staff review. General discussion between staff, legal council and City Council. Further general discussion. D. Pedestrian crossing across the bypass. Don Brinton Mayor introduces the issue. Brinton: We need to have a feel for what Council is thinking on this issue. Fred: Do we really need this. The question is need. Discusses different options on a pedestrian crossing. Mayor discusses the background of a pedestrian crossing. General discussion. Vem Brewer, Holladay Engineering. We looked at this at the time the whole area was starting to be developed. Our recommendation was to consider some kind of pedestrian access back and forth. I would recommend that you preserve some right-of-way in your planning. E. Additional egress and ingress off of the bypass. Don Brinton Mayor introduces the issue. Brinton: Discusses the right-of-way for another crossing. This could affect where the center of the City really is. Would like to see a lot of thought going into any decision that are going to be made in the future. Real concern is the existing downtown area. General discussion between Planning and Zoning and City Council. F. Discussion of Greenbelt along Boise River. Don Brinton Brinton: Would like to have an update. Mayor: A bridge will be installed at Island Woods. Merrill: Discusses the progress on the design of the bridge and the bidding process. Discusses the pathway. General discussion. G. Discussion of Title 10: Don Brinton H. Discussion of Merrill Park: Farrin Farnworth: Discussion on Merrill Park. Feels that the City is putting a park where there are no people. Feels that the park needs to be put where the people are which would be on the North side of the Alternate Route. It is beautiful by the river but no one can walk to the park, they would have to drive. I would like to know if the City can re-negotiate for another area. General discussion. I. General discussion. Mayor thanks the Design Review and Planning and Zoning for their dedication and hard work. Mayor calls a recess at 7:30 p.m. Mayor reconvenes at 7:45 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. All present, a quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. CONSENT AGENDA: B. C. D. E. F. · 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 Council Member, 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. Minutes of October 13, 1998 Claims Against the City Library Board Appointment: The Mayor is requesting Council to confirm the appointment of Kelli Fischer to the Library Board. (RY) Eagle City/Ada County Joint Powers Agreement for Prosecution Services: The Mayor is requesting Council approval of the above agreement. (RY) Forget-me-not week proclamation: The Mayor is requesting Council approval to proclaim the week of November 8t~ to honor our disabled American veterans. (RY) DR-29-98 - Master Sign Plan For Entrance Identification For Channel Center Subdivision - B.B. One: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application beingfinal. Project Description: B.B. One, represented by Dennis M. Baker, is requesting design review approval for entry sign identification for Channel Center Subdivision. The site is located on the southwest comer of State Highway 44 and S. Eagle Road. (MLB) DR-31-98 - Rocky Mountain Business Park Master Sign Plan and New Monument and Wail Si~n for Rocky Mountain Fitness Center - Reid Merrill: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application being final. Project description: Reid Merrill is requesting design review approval for a master sign plan for Rocky Mountain Business Park and a new monument and building wall sign for the Rocky Mountain Fitness and Recreation Center. The 40+ acre site is generally located between State Street and the Highway 44 Alternate Route extending from the north/south section of State Street (extension of Edgewood Lane) eastward approximately V2 mile (see maps on file at Eagle City Hall). (MLB) H. DR-34-98 - New Les Schwab Tire Center - Lance Hardy: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application beingfinal. Project Description: Les Schwab Tire Centers, represented by Lance Hardy, is requesting design review approval for a 15,720 sq. ft. tire service and sales building. The 2-acre site is located on the north side of State Highway 44 approximately 500-feet west of the intersection of State Highway 44 and East State Street. (MLB) Merrill moves to remove Item F, G and H from the Consent Agenda and Guerber removes Item A from the Consent Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES ............... 5A. Guerber: One correction to the October 13, 1998, minutes. Claire Bowman from APA did not attend the meeting, Erv Olen was present for the APA discussion. Guerber moves to approve the minutes of October 13, 1998, with the change. Seconded by ALL AYE: MOTION CARRIES ............... 5F. DR-29-98 - Master Sign Plan For Entrance Identification For Channel Center Subdivision - B.B. One: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application being final. Project Description: B.B. One, represented by Dennis M. Baker, is requesting design review approval for entry sign identification for Channel Center Subdivision. The site is located on the southwest comer of State Highway 44 and S. Eagle Road. (MLB) Merrill: I pulled this offbecause clarification is needed from the applicant. They were approved with the condition that they as developers would not be allowed to move forward until they had the sign issue at Smith's Chevron taken care of. We needed clarification. We have two different entities, the developer that is trying to develop a master sign and we have a business association. General discussion. Merrill moves to excluding Site Specific Condition #3 and that the Business Association will work on the Smith's Chevron Sign and this should not be tied together as part of their application approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ Merrill: Item #G and H I pulled offbecause it may be perceived that I have a conflict of interest in that this is on the used to be Merrill property which is no longer our property, however, it is the same name and in order not to taint the record at all I will abstain from voting on these items. 5G. DR-31-98 - Rocky Mountain Business Park Master Sign Plan and New Monument and Wall Sign for Rocky Mountain Fitness Center - Reid Merrill: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application beingfinal. Project description:_Reid Merrill is requesting design review approval for a master sign plan for Rocky Mountain Business Park and a new monument and building wall sign for the Rocky Mountain Fitness and Recreation Center. The 40+ acre site is generally located between State Street and the Highway 44 Alternate Route extending from the north/south section of State Street (extension of Edgewood Lane) eastward approximately V2 mile (see maps on file at Eagle City Hall). (MLB) 5H. DR-34-98 - New Les Schwab Tire Center - Lance Hardy: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application being final. Project Description: Les Schwab Tire Centers, represented by Lance Hardy, is requesting design review approval for a 15,720 sq. ft. tire service and sales building. The 2-acre site is located on the north side of State Highway 44 approximately 500-feet west of the intersection of State Highway 44 and East State Street. (MLB) Sedlacek moves to approve Items 5G and 5H. Seconded by Guerber. THREE AYES: ONE ABSTAIN: MOTION CARRIES ............ 5. UNFINISHED BUSINESS: A. Ada County Sheriff: Sgt. Freeman will discuss the location of the Eagle substation. (RF) Mayor: Sgt. Freeman is meeting with the Library Board on November 9, 1998. This item should be continued to the next meeting. Merrill moves to continue this item to the next regularly scheduled City Council meeting. Seconded by Guerber. ALL AYE: MOTION CARRIES ................. B. Update on Island Woods and Arboretum bridees: City Engineer Mayor introduces the issue. Veto Brewer, Holladay Engineering. Survey has take place on the Island Wood Bridge. Application for permits will be ready for signature at the end of the week. We are proceeding. We are seeking estimates on three different concepts on the Arboretum Bridge. We are gathering preliminary figures for the Council at this time. General discussion. C. RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 Brookwood Subdivision - Mike Hormaechea: Hormaechea LTD, represented by Mike Hormaechea, is requesting a rezone from A (Agricultural) to R-2-P (Residential two units per acre maximum - PUD) and R-4-P (Residential four units per acre maximum - PUD) with a development agreement, and conditional use, planned unit development preliminary development plan, and preliminary plat approvals for Brookwood Planned Community. The development consists of a 219.2-acre, 457-1ot (411- buildable) residential subdivision. The site is located at the northeast corner of Floating Feather Road and Eagle Road, approximately one mile north of State Street. (Note: The Commission heard testimony on all four applications at one time but took separate action on each application.) This item was continued from the October 13, 1998, Council meeting. The public hearing was closed on October 13, 199& (MLB) Mayor introduces the issue. Legal Counsel. Dave Bieter, Moore and McFadden. 9-4-1H. Discusses this section of the City Code. The other Title is Title 10. Discusses 10-1-3 Section A&B which is the FEMA ordinance. FEMA model ordinance came in first in 1982 and then in 1983 Section H came into effect. Council was aware of the FEMA ordinance and elected to have a higher standard. There is an issue of selected enforcement. Direct staffto draft an ordinance to amend this. General discussion between City Council and Legal Counsel. Evan Robertson, representing the applicant. Discusses the controversy in the City Code. We would like to ask you to table this for a couple of weeks and allows us to come back after I have researched these issues. Bastian moves to continue this to the next regularly scheduled City Council meeting. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ............... D. RFP {Request For Proposal) For City Entr~ Signs And Landscaoinu: Thc Zoning Administrator is requesting City Council approval for the RFP document for thc City entry signs. Mayor introduces the issue. Merrill moves to approve the Request for Proposal for City Entry Signs and Landscaping. Seconded by Gnerber. Discussion. ALL AYE: MOTION CARRIES ............... E. Resolution 98-13: A resolution adopting an amended plat of lots 35 through 46, block 1 of Island Woods Subdivision No. 2, and lots 58 through 65, block 1, Island Woods Subdivision No. 3 located in a portion o£ government lot 6, section T.16, T.4 N., R. 1 E., B.M., city o£Eagle, Ada County, Idaho, in order to eliminate a remnant of land abutting a slough and amending the corresponding zoning boundary to reflect the revised subdivision boundary. (VB) Mayor introduces thc issue. Guerber moves to approve. Seconded by Bastian. Discussion. 3 AYES: 1 ABSTINTION: MOTION CARRIES ............... F. AD78 - Hill Road land acquisition and ACItD parcel - general discussion: (NM &MLB) Mayor introduces the issue. Merrill: I was hoping to have a packing in front of you tonight. 23ais is the 10A on Hill Road below Dickey Drive. Discussion on the location of the property and the use of the property. Guerber moves to continue this item to the next City Council meeting. Seconded by Bastian. ALL AYE: MOTION CARRIES ............... G. Review and discussion on proposed contract with Drainaee District #2. This item was continued from the October 13, 1998 meeting. Mayor introduces the issue. Legal Counsel: Susan is looking for some comments from the City Council either in writing or call her. General discussion. H. RFP Onenin~ For Solid Waste Collection Services: Mayor introduces the issue. City Clerk: I have received an RFP from BFI and Sanitary S~rvice, Inc. Sedlacek states that she is not related to Steve Sedlacek with Sanitary Service, Inc. Bastian moves for the Mayor, City Attorney and City Clerk to analysis the two proposals and bring a recommendation to Council. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... Mayor: Bid #1 is Sanitary Service, Inc. and Bid #2 is BFI. I. Land Group contract changes for Eaele Skate Park: (NM) Mayor introduces the issue. Merrill: Discusses a meeting with Ada County on the four acre skateboard park. Susan will write a MOU between the City and Ada County as far as how the four acres will be developed and in doing that we will determine the way the money will be spent. Funding that goes for the park will come back to Council for our consent and approval and we will get a report as to the progress and expenditures. They are proposing that the Land Group does the contract directly with Ada County and under the umbrella is the Purkis Rose contract that the City of Eagle will take care of. Instead of our contract being $28,000 with The Land Group, our contract will now will be $9,000 for the design of the Skateboard Park. Everything will be approved by us and the Ada County Commissioners. Ada County will act as the Construction Management. General discussion. J. Proposal for Capital Improvement Plan and Development Impact Fee Ordinance. Mayor introduces the issue. Merrill: This is their proposal to help us get our impact fees going. The question is do we want to get going on this. Merrill moves to approve the Itofman Planning Associations proposal for Capital Improvement Plan and Development Impact Fee Ordinance. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE MOTION CARRIES ............ Mcn511: We need to put together an advisory committee on this. Have recommendations for next Council meeting. K. Uodate regarding Idaho Power Franchise Fees: Thc City Attorney will discuss the current status of this item. This item was continued from the September 22, 1998 m eeting.(SB) Mayor introduces the issue. Legal Counsel: Documentation does not set a fee and is not specific on the term. I have spoke to Idaho Power and there is a possibility to negotiate on this. Idaho Power says they have it for a 50 year term. General discussion. Council would like to have a 2% franchise fee. Council would like Bieter to meet with Idaho Power. General discussion. 6. PUBLIC HEARINGS: None 7. NEW BUSINESS: A. Discussion of bid to repair bank on the south side of North Channel on Larry Flynn's property. (RY) Mayor introduces the issue. This is a man made dike located on Larry Flynn's property. This is the area where the pathway will be located. The estimated cost is $7,548.00, with Larry Flynn donating the gravel General discussion. This is not in the City limits but it is part of the City pathway plan. Merrill moves to accept the repair for the south side of North Channel for $7,548.00. Seconded by Sedlacek. Legal Counsel: This is above $5,000 so we will need to get two other bid proposals according to Idaho Code. General discussion. Merrill rescinds her Motion. Merrill moves that we have the Mayor meet with Chuck Ferguson and that we get 2 more bids to repair the South side of the North Channel. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ B. Discussion of letter from the Building Contractors Association: (MLB) Mayor introduces the issue. Council and Butler discussion on the letter. Council would like to see the figures on the impact on fees. Butler is to provide some figures on the fees and bring back to Council. C. Document approving Greenbelt easement encroachment for Echo Creek Subdivision along Horseshoe Bend Road [old Hb,hwav 551. (MLB) Mayor introduces the issue. Butler: Susan needs the name of every lot owner. Chuck Jetters has volunteered to gather these names. Chuck Jetters discusses the easement. 9. Mayor and Council Reports: Mayor does anyone have reports: Bashan: The library book sale brought in about $2,500. Library has some new employees. Visited with construction manager and they are on schedule with the new Library. January 8, 1999 is the complehon date. Nancy and I approved some cosmehc items. Discussion on extra costs. Council reviews the bronze plaque for the new Library. Discussion on the book mobile area and the Ada County Sheriff's department request to use the area for their substation. General discussion. Guerber: APA is discussing having a Regional Planning Association in one agency instead of the Ada Planning Association. General discussion. Sedlacek: A letter of proposal will be coming from Bill Jarocki, BSU. Paul Woods will be working on this. Mayor: ACHD joint meeting. Mayor would like to wait until after election day. Council would like to continue the meeting. City Clerk: I have distributed the financial reports for September, 1998. If anyone would like a larger binder for their Code book we now have some. 10. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Merrill . ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:00 p.m. Respectfully submitted: CITY CLE~T ~ YZAG~ MAYOR M