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Minutes - 1999 - City Council - 08/03/1999 - SpecialEAGLE CITY COUNCIL Special Meeting Minutes August 3, 1999 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. Mayor introduces Kandy Weaver with the IEC Group. Kandy Weaver, IEC Group. Provides Council with history on the company and the functions of the company. Company serves several Cities in the area and the State. Discusses the services that provided to members. Workshops are offered each month. Membership cost would be $183 per month, $2,196 per year. The Company can do the work for non-members. Discussion on compensation survey which would be an additional fee. General discussion. Further discussion will be held on the August 17, 1999, Budget meeting. 1. Planning & Zoning Commission Liaison Report: No Report. 2. City Attorney Report: Moved to the end of the Agenda. 3. City Engineer Report: Review of engineering firm's proposal for Ballantyne/State Street/ Highway 44 Alignment. Ken Rice, Holladay Engineering. Discussion on the Planning Study of State Street/Ballantyne Lane at SH-44 prepared for ACHD. Alternative #3 and #7 are discussed as being the most viable. General discussion. Discussion on the change items for the Arboretum Bridge and the Island Wood Bridge. We need more time to work out the change order for the Island Wood Bridge. This needs to be coordinated with Island Wood Homeowner's Association. General discussion. Mayor states that the City has received a request from Countryside Estate for a continuance. 4. City ClerkJTreasurer Report: Moved to the end of the Agenda. 5. Zoning Administrator's Report: Moved to the end of the Agenda. 6. Mayor and Council's Report: Moved to the end of the Agenda. Mayor calls a recess at 7:30 p.m. Mayor reconvenes meeting at 7:45 p.m. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Guerber is absent. 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 other,vise. Merrill moves to remove the Minutes of July 7, 1999, Item #E, F and H from the Consent Agenda and to approve the amended Consent Agenda. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................ A. Minutes of July 7, 1999. B. Minutes of July 13, 1999. C. Minutes of July 20, 1999. D. Claims Against the City. E. DR-23-99 - Retail Building within 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. B. B. One, represented by Wes Steele with Habitec, is requesting design review approval to construct an 8,746-square foot retail building in Channel Center Subdivision. The 1.13-acre site is located north of Rivershore Lane on the west side of Eagle Road at 664 South Rivershore Lane. (BAC) F. DR-2%99 - Addition to Eagle Elementary School - Meridian Joint School District No. 2: 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 beingfinak Meridian Joint School District No. 2, represented by Leatham and Krohn Architects, is requesting design review approval to construct a 912-square foot addition for office, reception and nurses' area to the front of the existing Eagle Elementary School. The 8-acre site is located on the west side of Eagle Road approximately 1/3mile north of State Street at 475 North Eagle Road. (WEV) G. DR-28-99 - Monument and Wall Sign for Les Schwab Tire Center Les Schwab Tire Centers: 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. Les Schwab Tire Centers, represented by Lance Hardy, is requesting design review approval for a monument and building wall sign for the proposed Les Schwab Tire Center located within Rocky Mountain Business Park on the south side of Iron Eagle Drive (no address assigned at this time).(BAC) H. DR-24-99 - Eagle Pavilion: 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. Request for approval of shoe box style parking lot lights opposed to previously approved historic style lights and request for approval of method for screening pad mounted transformers. (BAC) I. Findings and Conclusions for RZ-3-99 from R-4 to CBD - Salmon Point Development: Project Description: Salmon Point Development, Inc., represented by Ron Bath, is requesting a rezone from R-4 (Residential) to CBD (Central Business District). The 2.18-acre site is located on the west side of Eagle Road approximately 400-feet north of State Highway 44 at 403 South Eagle Road. (WEV) J. Findings and Conclusions for CU-2-99 - Salmon Point Development, Inc.: Project Description: Salmon Point Development Inc., represented by Ron Bath, is requesting a conditional use permit for a 3,000-square foot bank with drive-up service within the CBD (Central Business District). The 0.34-acre site is located on the west side of Eagle Road approximately 400-feet north of State Highway 44 at 403 South Eagle Road. (WEV) 4A. Minutes of July 7, 1999. Merrill and City Attorney discusses the changes to the minutes. Merrill moves to approve the minutes of July 7, 1999, as amended. Seconded by Bastian. ALL AYE: MOTION CARRIES ............... 4E. DR-23-99 - Retail Building within 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. B. B. One, represented by Wes Steele with Habitec, is requesting design review approval to construct an 8,746-square foot retail building in Channel Center Subdivision. The 1.13-acre site is located north of Rivershore Lane on the west side of Eagle Road at 664 South Rivershore Lane. (BAC) Mayor introduces the issue. Merrill discusses the changes from the Design Review. General discussion. Merrill moves to approve DR-23-99-Retail Building within Channel Center Subdivision B.B. One. Seconded by Bastian. ALL AYE: MOTION CARRIES ................... 4F. DR-27-99 - Addition to Eagle Elementary School - Meridian Joint School District No. 2'. 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. Meridian Joint School District No. 2, represented by Leatham and Krohn Architects, is requesting design review approval to construct a 912-square foot addition for office, reception and nurses' area to the front of the existing Eagle Elementary School. The 8-acre site is located on the west side of Eagle Road approximately 1/3mile north of State Street at 475 North Eagle Road. (WEV) Mayor introduces the issue. Merrill discusses the changes to the Site Specific Conditions of Approval and the landscaping. General discussion. Stillman Anderson, Leatham and Krohn Architects, discusses the landscaping requirements. The landscaping is delayed and is not ready to go for bid. It will be approximately 18 months before the landscaping will go out for bid. The School District would agree to include the landscaping in the project. Further discussion. Merrill moves to approve DR-27-99 Addition to Eagle Elementary School - Meridian Joint School District #2 with the following changes: On Page 2 of 5 under Special Recommendation to City Council: delete Item #1 and add to Site Specific Conditions of Approval #9 that states landscaping shall be completed at the same time the remodel is completed. Discussion on Item #2. Merrill withdraws her motion. Discussion between Stillman Anderson and Council about the chain link fence and the retaining wall. Merrill moves to approve DR-27-99 Addition to Eagle Elementary School - Meridian Joint School District #2 with the following changes: 1. To the Site Specific Conditions of Approval add #9 which reads: Landscaping shall be completed at the same time as construction and prior to the issuance of any occupancy permits. 2. Special Recommendation to City Council shall become Item #10, #11 and #12. Under Recommendation to City Council: Eliminate Item #1. Item #2 strike the part after chain link fence that reads: "not be installed behind the fence and to reconsider a stairway being constructed along the applicants south property line from Eagle Road to the Property" and replace with the following language "the proposed chain link fence shall be placed on the West side of the landscaping at the edge of the parking lot". Add Item #3: The School District pursue taking care of the parking lot drainage so it does not drain into the New Dry Creek Canal. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........... 4H. DR-24-99 - Eagle Pavilion: 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. Request for approval of shoe box style parking lot lights opposed to previously approved historic style lights and request for approval of method for screening pad mounted transformers. (BAC) Mayor introduces the issue. Merrill: I feel Council needs to see any changes that have come before Design Review. Council reviews a copy of the original lights that were proposed. Ron Bath, representing Eagle Pavilion, LLC, Applicant. Discusses the lighting changes and the reason for the changes. Discusses the alternative lighting for the parking lot. General discussion between Applicant and Council. Sedlacek moves to approve DR-24-99-Eagle Pavilion with the Condition #1 as recommend by Staff and Design Review. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. Merrill moves to amend the Agenda: New Business Item gA: Report from Steed Construction for a downtown area Skateboard Park; Item #D: Discussion of Post Office building acquisition; Item #8 Executive Session for possible land acquisition and personnel matters; Item #9: Adjournment. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. 5. UNFINISHED BUSINESS: A. A-2-99/RZ-4-99/PPUD-1-99-CountrvSide 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 of a 74.19- acre, 174-1ot (153-buildable) residential subdivision. (This item was continued from the July 13, 1999 meeting. The public hearing was closed on June 22, 1999.) (WEV) Mayor: The applicant has requested that this item be continued to the August 24, 1999, City Council meeting. Merrill moves to continue A-2-99/RZ-4-99/PPUD-1-99-CountrySide Estates-Capital Development to the August 24, 1999, meeting, not to be continued further. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............. 6. PUBLIC HEARINGS: None 7. NEW BUSINESS: A. Skateboard Park Downtown. Merrill discusses the possibility of constructing a Skateboard Park on the City owned parking lot along State Street next to Washington Federal. I have contacted Steed Construction and they have volunteered to become involved and have a proposal to present to Council. Wes Steel, Habitech Architecture, representing Steed Construction. Distributes a packet to the Council and displays an overhead of site plan #3 and discusses the same. Merrill: We have talked to the Sheriff's Department and they are willing to become involved. Hopefully we will have enough donations from the community to complete this project. General discussion. Bastian would like someone to immediately talk to Washington Federal before proceeding further. Mayor will talk to Michael Shepard at Washington Federal. Merrill: Discussion on the Skateboard corridor. South side of State Street and two places going East and West: East side of Eagle Road and West Side of Stierman. General discussion. ITD has the funding for the laser light at the cross walk. B. Request for a formal waiver of original condition of approval requiring a 6' high wood fence around the perimeter of Kestrel Cove Subdivision for (WEV) Mayor introduces the issue. Vaughan: Discusses the issue of the fence. Vaughan shows pictures to the Council. General discussion. Greg Packard, People can get around the fence if they trespass. 278 S. Neskowin Way. I have talked to the engineer and according to the Drainage District easement you can't put a fence up. General discussion on Drainage District #2's requirements. City Attorney: It would be necessary to get some direct input from Drainage District #2. Eugene Puschel, 286 S. Neskowin Way. My property goes 3' out into the water because the City required 25' to the property line. I have a fence on both sides that goes to the water, nothing along the waterline. Council concurs that input from Drainage District #2 needs to be obtained. Merrill moves to continue Request for a formal waiver of original condition of approval requiring a 6' high wood fence around the perimeter of Kestrel Cove Subdivision to the August 10, 1999, City Council meeting and direct staff to send a letter to Ringert & Clark, Attorney's for the Drainage District #2, with the request from the homeowners that they not be required to install the fences. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............. C. Comprehensive Plan Funds: (WEV) Mayor introduces the issue. Vaughan: Discusses the need for additional funds and the proposal from J-U-B Planning. General discussion. Sedlacek moves the authorize the additional money to finish the comp plan through P&Z and we accept the suggestion of doing the remainder of the project on a time and materials basis at the rate set forward in Nancy Taylor's 7/6/99 Memo. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. D. Eagle, Idaho Postal Site for Sale. Mayor introduces the issue. Merrill: I called and talked to Wayne Higgs and the asking price is $349,000. This is not the appraised value. General discussion. City Attorney: Discusses the laws regarding the City purchasing property. The City can not purchase property above the appraised value. The Government can donate the property for continued public use. The City should try to get the Seller to pay for an appraisal. Council concurs that a letter should be written regarding the purchase of the property. Mayor and Staff will draft the letter. Zoning Administrator's Report: Vaughan: The Conditional Use Permit Application submitted by Lexington Schools, Inc. was approved by the Planning and Zoning Commission and was going to be seen by the Council August 10, 1999, has been withdrawn by the property owner. They are not moving forward with this. City Attorney Report: Staff and myself are going to follow up on the Bob's Automotive Complaint on Friday by viewing the site. Discussion on the procedures for the Public Hearings on the Comp Plan. Pedestrian Tunnel: Hopefully we will have a response from ITD by the August I0, 1999, meeting. ITD will energize the tunnel, the issue now is what maintenance the City will have to undertake. Impact Fees: We have had a number of people paying their Impact Fees under protest. They need to put this into writing. We need to have an appeal process. I will have a Resolution to you on August 10, 1999, for the appeal procedure. Webster and Drainage District #2: I have sent a letter to Webster's attorney that the City would like to have the property deeded to the City. I have not heard from Mr. Bradbury. I understand that Mr. Bradbury has had some problems getting in touch with Mr. Webster. Webster has an obligation for maintenance and the City could withhold occupancy permits. General discussion. Vaughan: Discussion on Channel Center's proposed three story office building. Mr. Baker wants to have a Pre-Council discussion on this item on August 10, 1999. General discussion. City Attorney: Mr. Baker needs to go through the procedure. Council and Mayor concur that Staff should not have any involvement at this point in time and Mr. Baker needs to proceed through the process. City Clerk Report: Financial Report for June have been distributed to Council and Mayor. August 10~ Pre-Council, Bill Hallock and Lynn Moser, Sewer District, will report on the Recreational Vehicle Program. Consumer Confidence Report, City Water System: EM2 will prepare the report under their agreement with the City and the City will be responsible for the cost of putting a notice in the newspaper that the report is available. The report will be finished in approximately 6 weeks. Discussion on the City Water System and redrilling the well at Lexington Hills. Veto Brewer, Holladay Engineering met with the Mayor and Councilman Guerber about another option. General discussion. Mayor will contact Vern Brewer and schedule him to come before Council. Merrill: Discussion on Bid for ramp completion for the Arboretum Pedestrian Bridge. General discussion. General Discussion on the Pedestrian Tunnel and on the placement of ballard's for the Pedestrian Tunnel. Merrill moves to accept the Bid for $7,255 as a work change order for Trinity Construction for the completion of the ramps in the Arboretum Bridge with the following changes: That the picnic table be relocated and that all work be ADA compliant. Also included in this change order are the 4 Ballard's, 2 removable and 2 permanent, for the pedestrian tunnel under State Highway 44. Seconded Bastian. ALL AYE: MOTION CARRIES ............. Merrill: Skateboard meeting today was cancelled and will be rescheduled to this Friday. The bridge at Island Wood looks great. The grading and ramps should be completed in the next few weeks. Discussion on the Greenbelt pathway. Bastian: No report. Sedlacek: I contacted the Idaho State Division of Building Safety and talked to them about getting our o>vn inspectors. I think we maybe under estimating the clerical requirements for the additional inspectors. I talked to David Monroe, Director of Idaho Department of Safety at Pre- Council and he would like to talk to us about this before we move forward. I would like to look at some more detail before we move forward. Council concurs to put this on Pre-Council agenda for August 10, 1999. General discussion. Downtown parking. Walt Schall needs a call on his proposal. Council would like Lynne to call Mr. Schall. We did get a bid for the demolition of the house and removal of some of the trees. The bid also states that entry into the building would be necessary prior to a firm quote. An asbestos survey and removal of all asbestos would be necessary prior to demolition. I checked on this and an asbestos survey is $300. General discussion on the asbestos issue. City Attorney: The City can only purchase property at fair market value, it has to be appraised and the City needs to do due diligence as far as hazardous materials on the property before the purchase. Further discussion. Boise Water Regionalization Plan. I would like to have a representative from the City of Eagle. Council concurs that the City needs a representative and would like Lynne to be the City Representative. Sewer District Board meets Monday and will be discussing the Consolidation. Mayor calls a recess at 10:15 p.m. Mayor reconvenes the meeting at 10:20 p.m. Mayor: Discusses the commercial lots in front of Eagle Academy. Page 7 K:/COUNCILkMin utes\Tempor m?? Minutes Work Ar ea/CC-08 -03 -99spmin doc Merrill: I spoke to Jim Carberry, Administrator of Support Services, Meridian School District, and he has provided me with information on this property. Information is distributed to the Mayor and Council. General discussion. This item to be on the Agenda for the August 17, 1999, Budget meeting. Bastian moves to go into Executive Session to discuss personnel. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; ALL AYE MOTION CARRIES ................. Discussion on personnel issues in Executive Session. 8. ADJOURNMENT: Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:30 p.m. Respectfully submitted. SHARON K. MOORE CITY CLERK/TREASURER APPROVED: PdCK"YZXGqgPA MAYOR