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Minutes - 1999 - City Council - 05/11/1999 - RegularORIGINAL EAGLE CITY COUNCIL MEETING MINUTES May 11,1999 PRECOUNCIL: 6:30 p.m. - 7:30 p.m. 1. Planning & Zoning Commission Liaison Report: No report. 2. Ada County Assessor: Bob McQuade will discuss property valuations. Bob McQuade has good news. May 28~ 4,688 assessment notices go out to Eagle residents. Total assessed value in Eagle this year is $485,000,000. Last year the assessed value was $404,000,000, a 20% overall increase. 164 commercial parcels, up 8% over last year. Total commercial value has increased from $43,000,000 to 58,000,000, a 36% increase. The new construction roll for this year is $58,000,000 compared to last years $33,000,000 almost a 76% increase. There is significant growth in new construction in Eagle which adds more tax dollars to your budget. 3. Meridian School District: Jim Carberry will discuss future school sites for Eagle. Jim distributes an Attendance Summary to the Council and discusses the same. Distributes a revised Middle School Attendance Boundaries and discusses new schools and remodeling that is going to be done. Two sites in the Eagle area that have not been built on. An elementary site on Palmer Lane. A middle school site is on the East side of Linder. We would like to have a elementary site in the Ballantyne Road area. We are concerned about the area North of Chinden to the Alternate Route. Our concern is traffic on Eagle Road and also the flood plain. General discussion. 10-12 acres needed for an elementary school. 7 acres on a joint effort with a park also being 7 acres. 55-66 acres needed for a high school. We are always willing to look at any site that the City would have and we would work with developers. 4. City Attorney Report: Susan Buxton. Presents an update of City Attorney action items and discusses the same. General discussion. 5. City Engineer Report: Advm-tisement for bid on the footings for the Pedestrian bridges has been prepared and will be noticed in the paper. Bids will be opened June 3fa and before Council for approval on June 8% There is a site inspection tomorrow morning at the Patterson property. 6. City Clerk/Treasurer Report: End of meeting. 7. Zoning Administrator's Report: End of meeting. 8. Mayor and Council's Report: End of meeting. Mayor calls a recess at 7:30 p.m. Mayor reconvenes meeting at 7:40 p.m. COUNCIL: 7:40 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 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 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. Merrill removes Items #E and #F from the Consent Agenda. Merrill moves to approve the Consent Agenda minus Item #E and #F. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ A. Minutes of April 22, 1999. B. Minutes of April 27, 1999. C. Minutes of May 4, 1999. D. Claims Against the City. E. Final Plat for Winder Estates Subdivision: The applicant is requesting final plat approval for Winder Estates Subdivision, a 6.27-acre, 3-lot residential subdivision located on the east side of Ballantyne Lane approximately ¼-mile north of Floating Feather Road. This subdivision is located in the Eagle Area of Impact. (MLB) F. Findines and Conclusions for a rezone (RZ-8-98) with Develonment Aereement for Jori Wroten: Jon Wroten, represented by Jason Pfaff with The Land Group, is requesting a rezone and Development Agreement from A (Agricultural) to R-2 (Residential). The 45-acre site is located on the north side of the south channel of the Boise River approximately V2-mile west of Eagle Road at 799 South Channel Road. (MLB) ITEMS REMOVED FROM THE CONSENT AGENDA: E. Final Plat for Winder Estates Subdivision: The applicant is requesting finaI plat approval for Wind~' Estates Subdivision, a 6.27-acre, 3-lot residential subdivision located on the east side of Ballantyne Lane approximately ¼-mile north of Floating Feather Road. This subdivision is located in the Eagle Area of Impact. (MLB) Mayor introduces the issue. Merrill: I routinely pull final plats from the Consent Agenda as this is the last time that the final plat will come before Council and the public for any comment. Merrill moves to approve the Final Plat for Winder Estates Subdivision. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ F. Findings and Conclusions for a rezone 01Z-8-98) with Development Agreement for Jori Wroten: Jori Wroten, represented by Jason Pfaffwith The Land Group, is requesting a rezone and Development Agreement from A (Agricultural) to R-2 (Residential). The 45-acre site is located on thc north side of the south channel of the Boise River approximately tA-milc west of Eagle Road at 799 South Channel Road. (MLB) Mayor introduces the issue. Discussion by Council Merrill moves to approve the Findings and Conclusions for a rezone (RZ-8-98) with Development Agreement for Jori Wroten. Seconded by Guerber. ALL AYE: MOTION CARRIES ............ 1. UNFINISHED BUSINESS: A. Eagle Tropical Snow Shack proposed to be located in Heritage Park: Discussion of a possible lease agreement and licensing requirements. (SKM) Mayor introduces thc issue. City Clerk discusses thc memo submitted to Council in regards to last years agreement with Eagle Tropical Snow Shack. General Council discussion. Debbie Small, Eagle Tropical Snow Shack. $100 a month would be a reasonable monthly lease amount. Guerber moves to allow Eagle Tropical Snow Shack to operate at Heritage Park under an agreement similar to last year at $100 per month. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ........... Merrill moves to add the following items to the Agenda: 7G: Pedestrian Tunnel; TH: Resolution 99-5; 7I: ACHD Impact Fee Ordinance; Executive Session: threatened litigation; and move Items 5D, E & F to Executive Session. Seconded by Bastian. ALL AYE: MOTION CARRIES ............ B. DR-11-99 - Face Change on Existing Pole Sign at Eagle Grill Restaurant - George Wade and Lou Pejovich with Eagle Grill: Lou Pejovich is appealing the action of Design Review Board regarding this application. Eagle Grill, represented by George Wade and Lou Pejovich, is requesting design review approval for a face change of an existing sign located at the northwest comer of State Street and Edgewood Lane at 1396 East State Street. (MLB) (This item was continued from the April 13, 1999 meeting..) Mayor introduces the issue Lou Pejovich, Eagle Grill, we changed the existing face of the sign that has been there for over 20 years. We are looking into some proposed landscaping ideas around the sign. We need to let people know that we are a different business. There has been no changes to the sign except for the face of the sign. I have talked to the Eagle Chamber of Commerce and we will be included in their recommendations to the City. We would like to keep our sign the way it is. General discussion by Council. Butler: Discusses the issue. Merrill moves to continue this item for 90 days. Seconded by Guerber. ALL AYE: MOTION CARRIES .............. C. Findines and Conclusions for a Preliminary Plat (PP-5-98) for Javo Construction, Inc.: Project Description: Jayo Construction, represented by Roylance & Associates, is requesting preliminary plat approval for Clear Creek Crossing Subdivision, a 54.8-acre, 89-1ot residential subdivision generally located on the southwest comer of N. Eagle Road and Floating Feather Road. (MLB)(This item was continued from the April 27, 1999 Council meeting.) Mayor introduces the issue. Buxton: Discusses the issue. Jayo has requested a reconsideration and that Council open the public record on the item. My recommendation that we grant their request for reconsideration and that we grant their request to reopen for public comment. The present Findings of Fact before you now would not be same if you grant the reconsideration and their request to reopen for public comment. General discussion. Bastian moves to table the Findings and Conclusions for a Preliminary Plat {PP-5-98) for Jayo Constrnction, Inc. until after we act on Item #TA this evening. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES .............. Items SD, E and F moved to Executive Session. D. Capital Improvement Plan: (This item was continued from the April 27, 1999 Council meeting.) The public hearing has been closed. E. Development Imnact Fee Studv: (This item was continued from the April 27, 1999 Council meeting.) The public hearing has been closed. F. Ordinance No. 345 - Development Impact Fee Ordinance: An Ordinance Amending The City Of Eagle Municipal Code By Adding A New Chapter To Be Known As The "Development Impact Fee Ordinance" To Allow Development Impact Fees, Establishing Such Fees, And More Particularly Setting Forth The Title And Purpose And Prescribing The Procedures For Carrying Out The Purpose Hereof; Attaching And Incorporating The "City Of Eagle Development Impact Fee Study" Dated April 27, 1999, as Appendix "A" Hereto; Repealing All Ordinances And Pans Of Ordinances In Conflict Herewith; Providing A Savings Clause; Providing For Severability; And Providing An Effective Date Hereof.(This item was continued from the April 27, 1999 Council meeting.) The public hearing has been closed. 2. PUBLIC HEARINGS: A. RZ-1-99 - Rezone - Beachwood Builders: Beachwood Builders, represented by Walt Lindgren with Studio 'L' Design Collaborative, is requesting a rezone from R-4 (Residential) to CBD (Central Business District). The 0.22-acre site is located on the north side of Aikens Road approximately 100-feet east of Eagle Road at 150 East Aikens Road. (MLB) Mayor introduces the issue. Butler: Displays an overhead of the project site and provides an overview of the Staff Report. MAYOR OPENS THE PUBLIC HEARING. No one has signed up to speak on this matter and no one from the audience wishes to speak.. MAYOR CLOSES THE PUBLIC HEARING. General Council discussion. Merrill moves to approve RZ-1-99 Rezone-Beaehwood Builders. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES .............. B CU-1-99 - Conditional Use - Idaho Power:: Idaho Power, represented by Jerry Ellsworth, is requesting conditional use approval to construct a new 138ky sub-transmission line to connect the existing HP Substation located on the east side of Cloverdale Road approximately 'A-mile south of Chinden Blvd. to the existing 138kv sub-transmission line located near the northeast comer of State Highway 44 and State Highway 55. The portion that is proposed to be constructed within the Eagle City Limits is located at 2500 E. State Street (temp. address) near the intersection of State Highway 44 and State Highway 55 extending southward approximately ½-mile. (MLB) Mayor introduces the issue. Jerry Ellsworth, representing Idaho Power. Mayor swears Jerry in. Discusses the construction of the new sub-transmission line and displays a plan showing where the line will be located. Butler: Staff recommends approval. MAYOR OPENS THE PUBLIC HEARING. No one has signed up to speak on this matter and no one from the audience wishes to speak.. MAYOR CLOSES THE PUBLIC HEARING. Bastian moves to approve CU-1-99 Conditional Use - Idaho Power with the Site Specific Conditions and Standard Conditions of Approval. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES ............... 3. NEW BUSINESS: A. Clear Creek Subdivision Reconsideration: The applicant's legal Council is requesting reconsideration of Council's denial of the Clear Creek Subdivision and asking that the City Council reopen the record on this matter. (MLB) Mayor introduces the issue. Steve Bradbury, representing the applicant. We are requesting reconsideration to give the Council to consider the reversal of fortune that Mr. Jayo has suffered. Bradbury provides some history of the court cases involving this subdivision. Discussion on the process through the City of Eagle. General discussion. Buxton and Council discussion on procedure for reconsideration and reopening for public record. Merrill moves to reconsider Clear Creek Subdivision application and that we look at the City Engineer's letter and that we modify the plat and that we allow further studies and information and the matter goes back to a public hearing. Seconded by Guerber. Discussion. THREE AYES: ONE NAY: MOTION CARRIES ............... Mayor: This matter will come back to us by a Public Hearing. 5C. Findings and Conclusions for a Preliminary Plat (PP-5-98) for Javo Construction, Inc.: Project Description: Jayo Construction, represented by Roylance & Associates, is requesting preliminary plat approval for Clear Creek Crossing Subdivision, a 54.8-acre, 89-1ot residential subdivision generally located on the southwest comer of N. Eagle Road and Floating Feather Road. (MLB)(This item was continued from the April 27, 1999 Council meeting.) Guerber moves to remove the Findings and Conclusions for a Preliminary Plat (PP-5-98) for Jayo Construction off the table and remand them back to Staff to hold until further revision related to additional public hearings are completed. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. Mayor calls for a recess at 8:45 p.m. Mayor reconvenes the meeting at 8:50 p.m. A. ACHD Right of Way Easement: Authorizing the Mayor to sign a sidewalk and landscape easement for the Eagle Library property with ACHD. Mayor introduces the issue. Merrill moves to authorize the Mayor to sign the sidewalk and landscape easement for the Eagle Library property with ACHD. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............ B. Ordinance 347 - Deputy City Clerk: An Ordinance Adding Eagle City Code Title 1, "Administrative", Chapter 6, "City Officers And Employees", Section D "Deputy City Clerk", And Providing An Effective Date. (SKM) Mayor introduces the issue. The correct number for this Ordinance is #347. Guerber 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 #347 be considered after being read once by title only. Guerber reads Ordinance #347 by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES ................. Guerber moves that Ordinance #347 be adopted. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............. C. Discussion of Heritage Park Pavers: Mayor introduces the issue. General Council discussion. Council concurs to continue with the pavers. Merrill moves to accept the Staff's recommendation for pavers including the costs. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ D. Discussion on a special workshop for budget issues. (RY) Mayor introduces the issue. General discussion. Special meeting is scheduled for June 15~ at 6:30 p.m. E. Discussion of Council's directive regarding Eagle Chamber of Commerce's proposed modifications to the Eagle City sign ordinance. (RY) Mayor introduces the issue. This is about a meeting that is set for the 20~ of May. Butler: There will be a lunch meeting at Classic Sign Studios to discuss the sign issue. Barbara is calling to let people know about the meeting. Buxton: This would be a joint meeting workshop with Design Review, Planning and Zoning and City Council. Will need to be noticed up as a joint meeting. Hand written minutes can be done. General discussion. Butler: Barbara will prepare an agenda, make the appropriate calls and will take the hand written minutes at the meeting. City will share the cost of lunch with the Chamber of Commerce. Mayor will discuss the costs with Pauline. G. Pedestrian Tunnel - Eagle Road at the Boise River. Mayor introduces the issue. General Council discussion. There might be a State law that ITD is to provide safety for pedestrians. Merrill moves to continue this item so the City Attorney can research this item and have a report at the next City Council meeting. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ........... H. Resolution 99-5 Mayor introduces the issue. Merrill moves to adopt Resolution 99-5 a Resolution adopting the 1999 Idaho Standards for Public Works Construction. Seconded by Guerber. ALL AYE: MOTION CARRIES ............ I. ACHD Impact Fee Ordinances. Mayor introduces the issue. Butler: Distributes Impact Fcc Table and discusses the same. General discussion. Bastian moves to authorize the Mayor to enter into an agreement with Patrick Dobie as outlined in the letter dated March 3, 1998, for the review of the Impact fees and come up with a plan to reduce the impact fees for the City of Eagle through that plan. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE MOTION CARRIES ........... 8. EXECUTIVE SESSION: Personnel Issues. Sedlacek moves to go into Executive Session to discuss personnel issues and threatened litigation. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AVE; Guerber: AYE: ALL AYE: MOTION CARRIES .......... Discussion on persormcl issues and litigation that has been threatened. Mayor: We are out of Executive Session and in Regular Session. Sedlacek moves that the motion made May 12, 1998, for Hoiladay Engineering Professional Services Agreement clearly states in Amendment No. 1 which calls for the contract time to remain open with either party terminating the contract with 30 days written notice. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............ 5D. Capital Improvement Plan: (This item was continued from the April 27, 1999 Council meeting.) Thc public hearing has been closed. 5E. Development Impact Fee Study: (This item was continued from the April 27, 1999 Council meeting.) Thc public hearing has bccn closed. Merrill: While wc do not agree with the analysis given by thc BCA on their interpretation of thc inclusions and exclusions of Eagle Island State Park, we will direct our attorney to further investigate the alternatives. Merrill moves that we adopt the Capital Improvement Plan and the Development Impact Fee Study with these stipulations: We will follow the changes made with the formula eliminating Eagle Island State Park for now, that we will eliminate the 1800 linear feet of pathways that have no public easement, that we will direct Hofman Consultants to amend the study to reflect and recalculate the new fees which are approximately $692, that we will amend the Capital Improvement Plan to include the plans to develop funding resources to cure the existing deficiencies in the City of Eagle, that we will add the Ada County Skateboard funding of $314,919.50 that is being expended by the City of Eagle and that we will also direct staff to correlate the numbering system in the proposed Ordinance to be consistent with Eagle City Code. Seconded by Guerber. ALL AYE: MOTION CARRIES ............. 5F. Ordinance No. 345 - Development Impact Fee Ordinance: An Ordinance Amending q~he City Of Eagle Municipal Code By Adding A New Chapter To Be Known As The "Development Impact Fee Ordinance" To Allow Development Impact Fees, Establishing Such Fees, And More Particularly Setting Forth The Title And Purpose And Prescribing The Procedures For Carrying Out The Purpose Hereof; Attaching And Incorporating The "City Of Eagle Development Impact Fee Study" Dated April 27, 1999, as Appendix "A" Hereto; Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; Providing A Savings Clause; Providing For Severability; And Providing An Effective Date Hereof.(This item was continued from the April 27, 1999 Council meeting.) The public hearing has been closed. Guerber 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 #345 be considered after being read once by title only. Guerber reads Ordinance #345 by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES ................. Guerber moves that Ordinance #345 be adopted. Seconded by Bastiau. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE MOTION CARRIES ............... 6. City Clerk/Treasurer Report: Financial report for March, 1999, has been distributed. 7. Zoning Administrator's Report: No report 8. Mayor and Council's Report: Guerber: No report. Merrill: We will be looking at resurfacing the tennis courts. Mayor: First Chamber after hours is tomorrow night. Discusses the 4~h Annual Spring Harvest 1999. Bastian: No report. Sedlacek: Mayor and I met with Ida Ore and Ida Ore is going to meet with the Economic Development Committee. General discussion. 9. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:00 p.m. Respectfully submitted: SHARb~N ~[. MOORE CITY CLERK/TREASURER'