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Minutes - 1999 - City Council - 06/22/1999 - RegularORIGINAL EAGLE CITY COUNCIL MEETING MINUTES June 22, 1999 PRE-COUNCIL: 6:30 p.m. - 7:30 p.m. Council President Merrill calls the Pre-Council to order. 1. Plarming & Zoning Commission Liaison Report: No report. 2. Ada County Sheriff's Office: Sgt. Ron Freeman will present the monthly report for May. Sgt. Freeman presents the Monthly report to Council and discusses the same. Sgt. Freeman introduces Detective Rossi. Detective Rossi discusses his role as Detective for the City of Eagle. General discussion. Sgt. Freeman presents Council with information on an additional COPS Grant for 2 more officers. Discussion on pursuing the additional grant funds. Sgt. Freeman will move forward with the additional grant funds. 3. City Attorney Report: Susan Buxton: Discusses the fax that was received this afternoon from Stephan Bradbury, attorney for Webster. Susan requests that the agenda be amended to say under Executive Session: Threatened Litigation, I.C. 67-2345(b). Susan informs Council and Mayor that the firm has a new parmer and the name of the firm is being changed to Moore, Smith, Buxton and Turckey. Discussion on the comp plan. Susan will make a presentation before the public hearing on the Skateboard Ordinance. Public testimony will be taken tonight and the Public Hearing will be continued to July 13, 1999. 4. City Engineer Report: No report. Merrill: The bridges for Island Woods and the Arboretum will be here next week. The City Engineer meet with Dave Logan from Ada County and the Land Group on the Skateboard Park and the conditional use permit is in the works. Staff will present the conditional use permit to Ada County. Guerber reports that Ada County has put $350,000 in for next fiscal year for the Ada County/Eagle Sports Complex. Discussion on expanding the area of impact. 5. City Clerk/Treasurer Report: The financial reports for May have been distributed. Discussion on the agenda for the Joint meeting with ACHD Commissioners on July 6~. Discussion on next budget workshop. Workshop to be scheduled with the Mayor. 6. Zoning Administrator's Report: ACHD is considering a studying of the entire County and looking at what level of service is at every signal. 7. Mayor and Council's Report: Sedlacek: Fun Days wrap up meeting tomorrow. Discussion on porta-potty at Heritage Park. Bastian: Discusses the Library policy regarding reservations and the maintenance contract for the Library. Library has 5 times the usage as last year. Guerber: Reports on the APA public hearing on the 2020 transportation plan. Most of the discussion at the hearing had to do with Beacon Light and the proposal that it be upgraded from a collector to a connector. We are talking about a new classification called a rural connector as opposed to an urban connector. Council President calls a recess at 7:30 p.m. Council President reconvenes the meeting at 7:40 p.m. COUNCIL: 7:40 p.m. 1. CALL TO ORDER by COUNCIL PRESIDENT MERRILL 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. All present, 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. Sedlacek moves to pull Item 4D from the Consent Agenda. The City has received correspondence from The Land Group, Inc. requesting a continuance to July 13, 1999. Seconded by Guerber. ALL AYE: MOTION CARRIES .............. Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ........... A. Minutes of June 8, 1999. B. Minutes of June 15, 1999. C. Claims Against the City. D. DR-22-99 - Landscape, pathway and entry sign plan for Brookwood Subdivision - Aries DevelopmenL LLC: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Councd for their review prior to the approval of an application being final Aries Development, LLC, represented by Phil Hull w/th The Land Group, is requesting design review approval of the landscape, pathway and entry sign plan for Brookwood Subdivision.(MLB) This item removed from the Consent Agenda and continued to July 13, 1999, City Council meeting. E. DR-24-99 - Landscape and pathway plan for Rocky Mountain Business Park - 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 Reid Merrill, represented by George Transtrum with Heartland Construction, is requesting design review approval of the landscape and pathway plan for Rocky Mountain Business Park.(MLB) F. Extension of time for DR-14-99 - Change of Use from Warehouse to Office and From Retail to Office - RMJKC Developers: RMJKC Developers, represented by Shelley Strate, are requesting a 45-day time extension for the completion of the conditions of approval for DR-14-99.(MLB) Sedlacek: Remove Item 5C from the Agenda to Executive Session, Threatened Litigation. Guerber: Add to the Agenda under Item 7C, COPS Grant funding for additional 2 deputies. Merrill: Add to the Agenda under Item 5F, Stub Streets in relationship to Redwood Creek and the Colony Subdivision. City Clerk: Add to the Agenda under Item 5G, Project Manager Proposal for the Payette River Scenic Byway "Gateway" Project from Oppenheimer Development Corporation. Guerber moves to amended the agenda as outlined above. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. 5. UNFINISHED BUSINESS: A. Amendment of Tomlinson Property's legal description. (SEB) (This item was continued from the June 8, 1999 Council meeting.) Council President introduces the issue. Buxton: I have just received the legal description and hope to have that completed tomorrow. Lynne can then take the new Quit Claim Deed to IVlrs. Tomlinson to sign the Deed. B. Discussion of lighting for the pedestrian pathway tunnel under Eagle Road. (SEB) (This item was continued from the June 8, 1999 Council meeting.) Council President introduces the issue. Buxton: lTD will likely hook up the electricity and energize the lights if the City will take over the cost of maintenance and the utility costs. They are drafting the maintenance agreement and I should have it sometime next week. C. Undate reearding the Develonment Impact Fee Plan: (SEB) (This item was continued from the June 8, 1999 Council meeting.) Moved to Executive Session, Threatened Litigation. D. Discussion regarding Downtown Parking: (This item was continued from the June 8, 1999 Council meeting.) Gnerber moves to table this matter until the Mayor joins the meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............. E. City of Eagle/Eagle Sewer District Consolidation Report: Bill Jarocki and Paul Woods from the Boise State Environmental Finance Center will present the above-mentioned report. Council President introduces the issue. Bill Jarocki and Paul Woods summarizes the Consolidation Report that was distributed to the City Council previously and displays overheads. General discussion on consolidation. Sedlacek is to coordinate a joint meeting between City Council and the Sewer District Board. F. Stub Streets in relationship to Redwood Creek and the Colony Subdivision. Council President introduces the issue. Sedlacek: I asked that be added to the agenda as there has been some confusion as to the Council's discussion on this issue. We have received a petition from the homeowners in Redwood Creek asking the Mayor and City Council to do a letter to ACHD supporting their position. General discussion. Doug Hicks, 3008 W. Timber Court, The things that the Council is saying is what we are fearing. ACHD's plan is to connect the subdivision and eventually connect to the High School. We are speaking before the ACHD tomorrow night. We don't want this road to come through our subdivision. Council discussion on what their previous decision was. Butler will attend the meeting at ACHD and relate the Council's position as stated in No. 9. of the Findings. Council President Merrill calls for a recess at 8:45 p.m. Mayor is now in attendance. Mayor reconvenes the meeting at 8:55 p.m. G. Project Manager Proposal for the Payette River Scenic Byway "Gateway" Project from Oppenheimer Development Corporation. Mayor introduces the issue. Buxton: Presents the proposal from Oppenheimer Development Corporation for Project Manager services. Bastian moves to direct Staff to prepare a contract not to exceed the sum of $18,000, 10% of the project, and once prepared have the Mayor sign the contract. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ........... 6. PUBLIC HEARINGS: A. Ordinance No. 351 - Skateboard and Dismount Zone Ordinance: An ordinance of the City of Eagle, Ada County, Idaho, amending Eagle City Code, Title 5 "Police Regulations", Chapter 2 "Miscellaneous Offences", Section 4, to prohibit the use of wheeled apparatus on municipal on municipal on municipal property and in certain areas of the City, providing definitions, purpose, prohibitions, exclusions, penalty, and providing an effective date.(SKM) Mayor introduces the issue. Buxton: Public Hearing notices were published incorrectly in the newspaper and have been republished for a Public Hearing on July 13~. Public Hearing will be open tonight for testimony. Buxton discusses some of the changes that are being considered. A draft ordinance will be available 15 days before the Public Hearing on July 13~. Mayor opens the Public Hearing Mayor swears in Brian Johnson. Brian Johnson, 827 Farrington Dr., Does not believe this is a just ordinance. Skateboarding is just means of transportation. This ordinance is targeted towards skateboards. Most skateboards like the sport and do not want to cause damage. Where can be skate safely? The last I checked the Skateboard would not be completed tmtil late 1999 or early 2000. Where can be go to skate? Mayor swears in Lida Gutierrez. Lida Gutierrez, 300 N.W. State Street, Kings. I am for this. I am a business owner and my concern is the safety of my customers. I also have concern for the skateboarders. They zoom in and out of traffic and cause a safety concern. I have tried to work with them by allowing them to a certain area of the parking lot and this only worked for a short time. I have had damage to merchandise. I do have some problem with bicycles also. I am for the dismount zone. Mayor swears in Kathryn Herbst. Kathryn Herbst, 737 Spyglass, I think skateboarders have been stereotyped. I believe the dismount zone is something that we need. Eagle needs a place for these kids to skateboard and do their tricks. This is a hard sport and thc kids work at this. We need do something for these kids while the Skateboard Park is being built. Sedlacek: Do you have any suggestion as to where the kids can skateboard? We are open to suggestions. We are not against skateboarders. Business owners do have a legitimate concern. Further discussion on a location where the skateboards can skate. Mayor swears in Officer Glenn. Brenda Glenn, Ada County Sheriffs Office. Law Enforcement and the majority of business do not think that all skateboarders are delinquents. There are a few skateboarders who are causing the problems. I have looked at the damage caused to the businesses. Discusses the damage at the businesses. General discussion. Mayor states that the Public Hearing should be continued to July 13, 1999. Guerber moves to continue the Public Hearing on Ordinance No. 351 and leave it open until the July 13, 1999, City Council meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. B. A-2-99/RZ-4-99/PPUD-1-99-Countr¥Side Estates-Capital Development: Capital Development and Tom Ricks, represented by Becky Bowcutt with Briggs Engineering, is requesting an annexation and rezone from RT (Rural Transition) and AR (Agricultural/Residential) to R-2-P (Residential two units per acre maximum - PUD), conditional use, planned unit development preliminary development plan, and preliminary plat approvals for Countryside Estates Planned Community. The development consists ora 74.19- acre, 174-1ot (153-buildable) residential subdivision. The site is located at the northwest comer of Ballantyne Lane and State Street.(MLB) Mayor introduces the issue. Does any member of Council any ex parte contact to declare at this time? Sedlacek: I have been informed by Legal Counsel that Court cases have determined that neighboring properties do have an economic interest in proposed developments such as this and therefore in following State Statute I need to recuse myself and step down. Mayor: Does any member of Council have a potential or actual conflict of interest to declare? Hearing none we will proceed. Mayor swears in Ramon Yurgason. Ramon Yorgason, 2304 N. Cole Road, Boise, I represent Capital Development and CountrySide Estate. Distributes handouts of the project to Council and discusses the amenities of the project. Mayor swears in Becky Bowcutt. Becky Bowcutt, Briggs Engineering, Inc., Provides Council with an overview of the project. Butler: Displays an overhead of the site plan and discusses the project. Provides Council with an overview of the Staff report. This is a PUD, Planned Unit Development. Staff has 2 major concerns with this project. The project is presented as a typical subdivision and the PUD provides for an above standard subdivision. Impact on Ballantyne is a concern. We made a recommended that the lots where the trees are become open space. No one attended the Planning and Zoning Commission meeting, they didn't have the public input. Staff recommends approval with conditions and with a recommendation of more open spaces and amenities. General discussion. Mayor opens the Public Hearing. Mayor swears in Scott Nordstrom. Scott Nordstrom, 2590 W. Timber Dr., I am the President of the Redwood Creek Homeowners Association, I am here speaking on behalf of the Association. We have 63 lots in our subdivision. Does this really apply as a PUD or is this just a way to have more lots. We are not opposed to development in Eagle. We want to maintain the rural feel of the City of Eagle. Scott distributes a copy of his comments to the City Council and proceeds with those comments. Mayor swears in Pat Miller. Pat Miller, 959 Preakness. I have two concerns. The first is the safety at Ballantyne/State Street and the Bypass. My second concern is density. Another concern is the capacity at schools. I propose that we go back to the lower density, our infrastructure can not handle this density. Mayor swears in Virginia Davis. Virginia Davis, 2546 W. Timber Drive. We own 5 acres that abut next to CountrySide Estates. My husband and I grew up in Idaho and have always lived in Idaho. We moved here from Boise, we were surrounded by density. We choose Redwood Creek because of the rural character. The effect on my property value concern me and our lot will look out at houses. I'm concerned about the capacity of the schools. My concern is the traffic. I am opposed to the density. Mike Demeyer, I agree with all of the comments already made. Mayor swears in Mike McDonald. Mike McDonald, 2477 W. Conifer. I am a newcomer from a very large State. We got out of a large State because we wanted the rural area. Coming from an area where I am from you don't want this. We don't want people bothering our livestock. There is not room for all of these people and our livestock. I backed up to this. I thought we were in a cul-de-sac when I bought. Rod Heller, 2760 W. Conifer, My concern is that a planned unit development does not belong in our area. It belongs in another area. It will be totally disruptive to all Redwood Creek residents. PUD's need to be closer to the City. There have been a number of accidents in this area and these will increase with this development. I plead to downsize to one acre lots. Mayor swears in Joe King. Joe King, 170 N. Sierra View Way. I agree with everything that has been said. I have not heard any advantages to this development. I would hope that our neighbors would be compatible to the lot sizes in Redwood Creek. Mayor swears in Kathy Simonson. Kathy Simonson, 515 N. Sierra View Way. I sat on the proposed Comprehensive Plan. I have concern over the traffic. Keep us rural, that is why we have moved to Redwood Creek. Mayor swears in Steve Case. Steve Case, 2498 W. Timber Drive, I abut this project. Density is the number one voting issue in the City of Eagle at this time. This is not the final offer and everyone should be aware of this. The Colony changed to be compatible to the area. Mayor swears in Ed Salvi. Ed Salvi, 2568 W. Timber Drive. My concern is the increase in traffic. We have done some research, there are presently 1035 building lots. There are 47 one acre lots. Traffic accidents in 1994: 1, 1995: 3, 1996: 1, 1997: 7, and 1998: 7. Concerns is also over the capacity of the schools. Mayor swears in Tony Lockse. Tony Lockse, 39 Linder Road, President Ballantyne Ditch Company. Ramon Yorgason. The biggest concern is density. Some people were not happy when Redwood Creek went in. It was not wanted next to the farm land. Now someone else wants to put in a subdivision next to you. We have a higher density subdivision. Comp plan is to provide orderly growth, we fit within the comp plan that is in place. We do not have another design in our hip pocket. We have changed this design 7 or 8 times in our discussion with Staff. Becky Bowcutt. I've been doing this for several years. The problems ~ve have is with acre parcels. Central water and central services are available. We are closer to the City Center than Lexington Hills. In order to have a good community there needs to be mixed use. We have good amenities. General discussion. Mayor closes the Public Hearing. General Council discussion. Guerber moves to continue this to the City Council meeting on July 13, 1999. Seconded by Merrill. ALL AYE: MOTION CARRIES ................. Mayor calls for recess at 11:25 p.m. Mayor reconvenes the meeting at 11:30 p.m. C. Ordinance No. 350- Cross Connections - Zoning Ordinance Amendment {ZOA-1-99) - Hubble Engineering: Hubble Engineering, Inc., represented by A.J. Carlson, is proposing to amend Eagle City Code Title 6 "Public Ways and Property", Chapter 5 "Water System", Section 13 (C)(2) "Discontinuance of Service" to change the description of and allow "Cross Connections" 9 "Land Subdivisions", Chapter 4 "Required Improvements" Section 1-9 (C )(1)(a) "Water Supply and Sewer Systems" to allow a pressurized irrigation system to be connected with a state-approved reduced pressure backflow assembly and with the approval of the water purveyor.(MLB) Mayor introduces the issue. Mayor opens the Public Hearing. Mayor swears in Ben Forrey. Ben Forrey, Hubble Engineering. Provides Council with an overview of the need for the changes to the Ordinance and describes the cross connection. General discussion. Mayor swears in Dan Brown. Dan Brown, Engineer for United Water Company. It is easier to track one device than several. Questions and answers between Dan and the Council. General discussion. Ken Rice, Holladay Engineering. Discusses requirements of DEQ and the State. General discussion. Mayor closes the Public Hearing. Ben Forrey, the changes are fine with us. Bastian reviews the changes to the Ordinance: Section 1: Cross Connections: Strike after between: "The Water Department's system" and "add potable water". Strike the line that begins with "The Idaho State Health Division". The next paragraph strike: "Water Department agent" and add "City of Eagle or it's agent". Section 2, third santence in paragraph that starts with "City Engineer", add "potable" before "water purveyor". 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 #350 be considered after being read once by title only. Bastian reads Ordinance #350 by title only. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ................. Bastian moves that Ordinance #350 be adopted. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ................ 7. NEW BUSINESS: A. Award of Interior Maintenance Contract for Library: Mayor introduces the issue. Bastian: Requests for proposals was sent out and Wright Brothers was the only proposal the Library received. Bastian moves to approve the maintenance contract with Wright Brothers to service the Eagle Library. Seconded by Merrill. Discnssion. ALL AYE: MOTION CARRIES .............. General discussion Bastian moves to reconsider. Seconded by Merrill. ALL AYE: MOTION CARRIES .......... Bastian moves to continue this matter to the next City Council meeting on July 13, 1999, to provide the City Attorney time to review the RFP and prepare the contract. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. B. Council review and approval of proposed Library poilcv regarding reservation of conference and meeting room space. Mayor introduces the issue. Bastian moves to continue this to the July 13, 1999, City Council meeting, to allow the City Attorney to review the policy. Seconded by Merrill. ALL AYE: MOTION CARRIES ....... C. COPS Grant funding for additional 2 deputies. Mayor introduces the issue. General Council discussion. Guerber moves to authorize the Sheriff's Department to seek Federal Funding for two additional police officers. Seconded by Merrill. ALL AYE: MOTION CARRIES .................. 5D. Discussion reuardine Downtown Parking: (Tins item was continued from the June 8, 1999 Council meeting.) Mayor discusses his meeting with Walt Schall. He now wants $70,000. I think this needs to be on the next City Council meeting. Thursday I am going to meet with Larry Schwartz. Sedlacek: Next Wednesday at 6:30 p.m. there is going to be a meeting with all business owners in the immediate area to discuss parking. Guerber moves to continue this to the July 13, 1999, meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............. 8. Executive Session: Threatened Litigation, I.C., 67-2345(b) Bastian moves to go into Executive Session to discuss threatened litigation. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES. Discussion on threatened litigation. Guerber moves to have the City Attorney respond back to BCA regarding specific concerns they have about implementation of our Ordinance and completion of our study and that we schedule a meeting on June 29 inviting Board of BCA, our Study Committee, our consultant and any other appropriate individuals that should be invited. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... Mayor: The meeting to start at 6:30 p.m. Legal Counsel: With regard to the Webster matter, I will respond to the letter we just received and continue negotiations including a potential request for quit claiming ownership of the property so the City can maintain the ditch. 9. ADJOURNMENT: Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ........ Hearing no further business, the Council meeting adjourned at 1:20 a.m.