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Minutes - 1999 - City Council - 08/10/1999 - Regular 0 R I G INAL MINUTES AUGUST 10, 1999 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Planning & Zoning Commission Liaison Report: No report. 2. Ada County Sheriff's Office: Sgt. Ron Freeman will present the monthly report. Sgt. Freeman, Department has a new computer system and the monthly reports won't be available for a couple of months. Discussion of burglaries in the Sherman area. Detective Rossi discusses these crimes which consist of car burglaries and property burglaries. Juveniles are involved. All burglaries involved unlocked cars and garage doors. 3. Bill Hallock will discuss a recreational vehicle waste disposal station site. Mayor introduces issue. Bill Hallock, RV group associated with the Idaho State Parks and Recreation. Brian Miller, State Parks and Recreation. Lynn Moser, Eagle Sewer District. Discussion on locations. One of the best spots would be East of town on the property the State abandoned. The Sewer District has a major collection line in that location. Cost to put in would be determined in part by service of the Sewer District. Bill Hallock is interested in Highway 55 and we would like to get one central in the Eagle location. General discussion. The RV Program would help with the construction of the facility and the City would be responsible for the maintenance and operation. Brian Miller discusses the program and how the City would proceed to become involved. Program is funded by fees paid when recreational vehicles are registered. 99% of these funds go to the Idaho State Parks and Recreation. Applications are due the last Friday in January and funds would be available July, 2000. This is a grant program. This would be the City of Eagle's facility. Not a match program but the committee that approves grants does look for some kind ora match from the applicant. General discussion. Lynn Moser, Eagle Sewer District, discusses his research he conducted on a RV dump. The charge from the Sewer District could be up to $200 per month. 4. David Munroe, Director of the Idaho Department of Safety will discuss electrical, mechanical and plumbing inspections. Lynne called and spoke with David Munroe and invited them to come to Pre- Council. David Monroe, I brought Mr. Malmen, Electrical Bureau Chief for the State of Idaho, and Mr. Meyer, Plumbing Bureau Chief for the State of Idaho, with me tonight to answer any questions you have. General discussion. Mike Mongelli, Building Official City of Eagle, I didn't receive the full packet. There are a lot of good points for the State continuing doing our inspections. !0% is a clear 10% and it looks like we wouldn't have any cost out of this fee. Liability insurance is a concern for independent contract inspectors. State has a lot to offer especially with a 10% fee back to the City. General discussion. 5. City Attomey Report: Moved to end of meeting. 6. City Engineer Report: Movedto endofmeeting. 7. City Clerk/Treasurer Report: Moved to end of meeting. 8. Zoning Administrator's Report: Moved to end of meeting. 9. Mayor and Council's Report: Moved to end of meeting. REGULAR COUNCIL AGENDA: 7:50 p.m. 1. CALL TO ORDER: 2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. Ali 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 Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for Page 1 CC-08-10-99min 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 moves to remove Item #C from the Consent Agenda and approve the amended Consent Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES ................... A. Minutes of August 3, 1999. B. Claims Against the City. C. DR-16-99 -222 E. State Street: Request to move handicap ramp to east and expand deck and request to eliminate center gable. (MLB) D. Surplus Property: (SKM) E. Award of Bid on Surplus Property: (SKM) 4C. DR-16-99 -222 E. State Street: Request to move handicap ramp to east and expand deck and request to eliminate center gable. (MLB) Merrill: This is an application from Mark Butler, the City Zoning Administrator, and I did not feel that this should be on the consent agenda. I do have concern over the front deck area. Intended use of building is for restaurants or attorney's office. General discussion. Guerber moves to accept the proposal as presented. Seconded by Bastian. ALL AYE: MOTION CARRIES ........... Merrill moves to amend the Agenda by adding under New Business Item #7E: Change Work Order, Trinity Construction, Inc., for temporary end ramps for the Island Wood Bike Bridge and Bollards for the Pedestrian Underpass at Eagle Road; and Item #7F: Downtown Parking. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. 5. UNFINISHED BUSINESS: A. DR-11-99 - Face Chan~e on Existing Pole Sign at Eagle Grill Restaurant - George Wade and Lou Peiovich with Eagle Grill: 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 corner of State Street and Edgewood Lane at 1396 East State Street. The applicant is requesting this item be continued to the 9/14/99 meeting, so that it may be considered in light of the proposed sign ordinance changes that may be in effect at that time. (MLB) Mayor: We have a request from Eagle Grill to continue this matter to the September 14, 1999, City Council Meeting. So moved by Guerber. Seconded by Merrill. ALL AYE: MOTION CARRIES ......... B. Request for a formal waiver of original condition of approval requiring a 6' high wood fence around the perimeter of Kestrel Cove Subdivision: (MLB) This item was continued from the 8/3/99 meeting. Mayor introduces the issue. General Council discussion. Bastian moves to approve the Request for a formal waiver of original condition of approval requiring a 6' high wood fence around the perimeter of Kestrel Cove Subdivision with the following specific attachments: 1. Only where property abuts the drain; 2. Property owners are to conform to the conditions of Drainage District #2's letter dated August 6, 1999, and that a copy of Page 2 CC-08-10-99min said letter is mailed to the homeowners. Seconded by Merrill. ALL AYE: MOTION CARRIES ............ C. Discussion of lighting for the pedestrian pathway tunnel under Eagle Road. (SEB) Mayor introduces the issue. City Attorney: I talked to ITD today. I have requested that they complete this by thc 24t~ of August. I have only received positive feed back from Mr. Justice. ITD has not entered into a maintenance agreement as the City is requesting so this is taking a little time. D. Downtown Skateboard Park: (NM) Mayor introduces thc issue. Men-ill: This is a gathering area for the kids to use until the Skateboard Park is built. It is temporary and will be used only until the Skateboard Park is finishcd. Thc cost will be very minimal to the City. Wes Steel, ttabitech Archictects, displays overheads of thc site plan and discusses the same. Discussion on the preliminary budget. With contributions and donations thc budget can be reduced. General discussion. This would take a maximum of two weeks to complete. Guerber moves to table the Downtown Skateboard Park until after the Executive Session. Seconded by Merrill. ALL AYE: MOTION CARR/ES ......... 6. PUBLIC HEARIFIGS: A. PP-5-98 - Clear Creek Crossing Subdivision - Ja¥o Construction: Jayo Construction, represented by Roylance & Associates, is requesting Council consideration and action on a revised preliminary plat for Clear Creek Crossing Subdivision, a 54.8-acre, 72-1ot (previously 89-1o0 residential subdivision generally located on thc southwest comer of N. Eagle Road and Floating Feather Road. (MLB) Mayor introduces the issue. Mayor swears in Steve Bradbury. Steve Bradbury, Attorney for the applicant. Provides an overview and history of the application. The primary issue for discussion is that the Dry Creek flume be replaced with a siphon. The applicant and consultants have study this and agree to do so. Discusses the July 9, 1999, letter to the City from Roylance & Associates P.A. (Bradbury submits documents for the record) General discussion. Ken Rice, Holladay Engineering, The letter is the Lomr for this property and thc Lomr for Brookwood and they are combined in a single letter. That letter is still subject to public comment prior to final action which would come sometime in October. I understand that this is not something unusual, the date stamp was put in thc wrong place. General discussion. Mayor swears Dave Roylance in. Dave Roylance, Civil Engineer, Discusses the Lomr. We will have to final another one assuming the Ditch Company approves our siphon. Conditional of approval could be subject to approval of the new Lomr referencing the siphon. Butler: The project has previously been presented to you so I will be brief. Distributes the previous Findings of Fact and Conclusions of Law. Provides an overview of thc application. General discussion. Ken Rice, Holladay Engineering. In my letter I strongly support the flume being replaced with a siphon. I also think that the applicant should be given some consideration and grace if the new Lomr takes time for approval. General discussion. Mayor opens the Public Hearing Mayor swears in Gary Gear. Gary Gear, Chairman of the Board of Trustees Eagle United Methodist Church. My concern is with ACHD. We are in the process of submitting an expansion of our facility. ACHD requires of us to widen our driveway for the potential extension of Ranch Drive. I would like to know if this developer has been Page 3 CC-08-10-99min approached about this potential extension of Ranch Drive and if this is addressed in their proposal. Butler: Mr. Roylance has designed this so that their Ranch Drive would align to this. General discussion. ACHD wants this to be a higher standard collector. Similar to Ranch Drive on the other side. Gary Gear, I would like to go on record that the congregation opposes any construction in the flood way or flood plain. Mayor swears in Russ Buschert. Russ Buschert 235 Floating Feather Road. Presents pictures to Council of a flood of Dry Creek and discusses this flooding. Discusses the proposed siphon. The connector road is a problem that needs to be fixed. Discusses a conversation he had with someone in the FEMA office. Submits document for the record. I would like to see Council deny this application. A group of citizens would like to buy this property at a fair price. Steve Bradbury. Discusses the connector road. The Highway District has reviewed and approved the connector road. This project meets the requirements of the City's regulations in place at the time this application was made. General discussion. City Attorney: Discusses the letter dated August 10, 1999, that was presented at the City Council meeting. Council discussion. Steve Bradbury, discusses the flood way line on the preliminary plat. This flood way line was in place prior to the Lomr. Subsequent to the approval of the Lomr before FEMA now this flood way line will move. The proposal you have before you today would not include any lots in the flood way. Mayor closes the Public Hearing Council discussion on the application. Steve Bradbury, The applicant's intention is to comply with the 50' set back, not net loss and 2 foot above. Further Council discussion. Merrill moves to approve PP-5-98 Clear Creek Crossing Subdivision - Jayo Construction with these stipulations: with the Site Specific Conditions of Approval as presented by Planning & Zoning and Staff, including that we enter into the record the entirety of the City's previous files including May, 1998 and July, 1998, that we include the reconsideration documents, that we include the revised Plat, that we include the minutes of all the Brookwood Subdivision, that we include the final approval of the Lomr #2, that they enter into an agreement with Dry Creek Ditch Company which will address the issues of maintenance and the building of the ditch siphon tube, that they address the issues as presented in the Findings of Facts of February 23, 1999, and that we receive those back in the form of Findings of Fact and Conclusions of Law by Staff to be reviewed at the next City Council meeting, and that no lots built in the flood way, there is a 50' set back from the floodway, that we shall have a no net loss grading plan, that the road shall be constructed 6" above the BFE, that they shall elevate the floor 2' above the BFA, that they reduce the density by 17 lots, 19%. Seconded by Guerber. Discussion. THREE AYES: ONE NAY: MOTION CARRIES ......... Mayor calls for a recess at 10:20 p.m. Mayor reconvenes at 10:35 p.m. 7. NEW BUSINESS: A. 99-1-S - Whitehorse Subdivision - Robert and Jane Klostermant: Robert and Jane Klosterman, represented by Roylance and Associates, is requesting preliminary plat approval for Whitehorse Subdivision, a 2-lot, 17.55-acre residential subdivision. The proposed subdivision is located on the southeast comer of Park Lane and Beacon Light Road. This subdivision is located in the Eagle Area of Impact. (MLB) Page 4 CC-08-10-99min Mayor introduces the issue. Butler: Staff recommended approval. Bastian moves to approve 99-1-S Wkitehorse Subdivision - Robert and Jane Klostermant with the Site Specific Conditions as recommended by Planning and Zoning and Standard Conditions of Approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ......... B. Zoning Administrator is requesting Council review and approval of a draft letter to ITD regarding access to State Highway 44. (MLB) Mayor introduces the issue. Butler: Discusses the proposed draft letter. General discussion. Council agrees to address this after seeing the transportation component of the Comp Plan and to advertise this as a public hearing for public input. C. Resolution 99-6: - A resolution adopting appeal procedures for Ordinance 345 Development Impact Fees. (SKM) City Attorney: I am still working on this resolution and hope to bring to you at the August 24, 1999, City Council meeting. I would like to take this resolution to the BCA for their input. Council would like City Attorney to draft the resolution and present same to the Advisory Committee for their review. This will not come back to you by the 24t~ if the Advisory Committee reviews. General discussion. D. Idaho Community Foundation: (RY & SG) Mayor introduces the issue. Guerber: It is my understanding that we have until the end of the year to meet the goal. Would the Council be willing to authorize the Mayor to put in what we would need to meet this goal. General discussion. Merrill moves to authorize the Mayor to fund the Idaho Community Foundation to the extent that the Foundation is fully funded by the end of September, 1999. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............. E. Change Order, Trinity Construction for temporary end ramps for the Island Wood Bike Bridge and bollards for the pedestrian underpass at Eagle Road. Mayor introduces thc issue. Merrill discusses the change order. Guerber moves to approve. Seconded by Bastian. ALL AYE: MOTION APPROVES ......... F. Downtown Parking. Merrill: Discusses the diagonal parking on Idaho Street by the U.S. West building. Mark and I measured today and there is enough room according to ACHD standards to allow the parking. We talked to Al, ACHD, and the cost to put in 6-9 parking spaces would be: $1.83 a square foot for a total of $2,750. This could be done immediately. General discussion. Merrill moves to approve the cost for the installation of the 6-9 parking spaces on Idaho Street by the U.S. West building for the cost of $2,750. Seconded by Bastian. ALL AYE: MOTION CARRIES ........ 8. EXECUTIVE SESSION: Merrill moves to go into Executive Session for discussion of personnel issues and possible litigation. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............. Council discusses personnel issue and possible litigation. Page 5 CC-08-10-99min 5D. Skateboard Park: Council discussion. Gnerber moves to authorize the beginning of construction on the temporary Skateboard Park on the East Side of Washington Federal, authorizing the funding as presented to us as the maximum amounts. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ Mayor and Council reports. Guerber. Discusses lights out on State Street. Merrill: Reports on the Ada County/Eagle Skateboard Park. Reports on trees in the downtown area. Reports on the bridge and pathway at Island Woods. Discussion on the repairs at the tennis court. Bashan: Reports on contact with Meridian School District on lots at Eagle Academy. They are interested and will discuss the issue and contact the City. Sedlacek: Walt Schall would like something in writing that the City intends to purchase the property and what the conditions would be. City Attorney would like to put this together for Council approval. Discussion on Di Vinci's parking agreement. Eagle Sewer District voted to notified the City of Eagle that they are not interested now or in the near future to the consolidation. Zoning Administrator Report: No report. City Clerk Report: Jerome Mapp willbe at Pre-Council on August 17, 1999. Distributes acopy of the Election Calendar. Received appraisal report from Valuations Northwest. Discussion of storage at the State Historical Society in the archives. Discussion on Joint Meeting, September 7, 1999, with ACHD Commissioners. 9. ADJOURNMENT: Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............. Hearing no further business the Council Meeting adjourned at 12:30 p.m. Respectfully submitted: MOORE CITY CLERK/TREASURER APPROVED: RICK YZ~GUIRP~* MAYOR Page 6 CC-08-10-99min