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Minutes - 1999 - City Council - 10/26/1999 - RegularORIGINAl EAGLE CITY COUNCIL MINUTES October 26, 1999 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. Sgt. Freeman gives a report on the temporary skateboard park and some of the problems that have occurred to date. A meeting was held today, a Board was established and roles were reviewed. There will be a Board meeting at City Hall on Friday at 3:30 p.m. General discussion. 1. Planning & Zoning Commission Liaison Report: No report. 2. City Attorney Report: Reports on the RV Dump Site in Kuna. 3. City Engineer Report: No report. 4. City ClerkITreasurer Report: Financial Reports for August are distributed. Parmership for Change has been rescheduled for June 8t~ - 9t~, let staff know if anyone is interested in going. Discussion on Memo prepared by Evelyn on Building Permits. Council concurred that a quarterly report would be beneficial. Canvassing of votes from the November 2, 1999, General Election will be Wednesday, November 3, 1999, at 5:00 p.m. 5. Zoning Administrator's Report: No report. 6. Mayor and Council's Report: Sedlacek: Would like to know what time ACHD Staff meets on November 1st to discuss Ballantyne and State Street. Problem in some homes in Lexington Hills, a rotten egg smell. Dan Brown has recommended that the City proceed with the chlorinating of the wells. Bastian: We now have new members of the Library Board. Discussion on filter on Library computers to prevent access to pomography. General discussion. Council would like the Library Board to present a proposal to City Council on filters. Stan will contact the Library Board and have them present a report to Council on November 23, 1999. City Attorney: Library Board has the authority to set policies on the issue of filtering and on the other hand the City has the ability to approve certain policies. I don't think that there is a clear statute on this issue. Merrill: Reports on replacing the Cedar tree in Heritage Park. We can purchase a new tree, 10' to 12' for $150 and Trautman's will remove the old tree and place a new tree for $950. General discussion. Council concurs: $2,000 for the cost of the tree and removal and replacement. Discussion on the temporary Skateboard Park. City Council forum at the Senior Center on Thursday night. General discussion. Guerber: Reports on the Air Quality Board meeting. Board decided to do testing on diesel vehicles. REGULAR COUNCIL AGENDA: 7:30 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: · 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. A. Claims Against the City. B. Minutes of September 21, 1999. C. Minutes of October 4, 1999. D. Minutes of October 12, 1999. E. Minutes of October 14, 1999. F. DR-37-99 - R & D Office Building Within Rocky Mountain Business Park - Steed Construction:: 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. Steed Construction, represented by Habitec Architects, is requesting design review approval for a 16,128-square foot research and development office building. The site is located on the north side of East Iron Eagle Drive within Rockry Mountain Business Park, approximately 750-feet west of Edgewood Lane (no address has been assigned). (MLB) G. DR-38-99 - Monument Sign for Eagle Dental Center within Channel Center Subdivision - Ea~le Dental Center: 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. Eagle Dental Center, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of a monument sign for the Eagle Dental Center located within Channel Center Subdivision at 467 South Rivershore Lane. (MLB) H. DR-39-99 - Three Entry Signs for Brookwood Subdivision - Aries Development, LLC:: 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. Aries Development, LLC, represented by Phil Hull with The Land Group, is requesting design review approval of a monument sign at each entrance to Brookwood Subdivision Phase 1 located on Eagle Road and Floating Feather Road and one located at the comer of Eagle Road and Floating Feather Road.(MLB) I. Findings and Conclusions for CU-5-99 Washington Mutual: Project Description: Washington Mutual, represented by Martin Hill with Callison Architecture, Inc., is requesting a conditional use permit for a 5,000-square foot bank with drive-up service within Channel Center Subdivision located at 468 S. Rivershore Lane. The site is located on the southwest comer of new State Highway 44 and Eagle Road. (MLB) J. Findings and Conclusions for CU-6-99- Ea~le Church of the Nazarene: Project Description: Eagle Church of the Nazarene represented by Randy Haverfield with Architecture Northwest, is requesting a conditional use permit for an 25,250-square foot expansion of the existing church. The site is located on the south side of State Street approximately %-mile west of Eagle Road at 1001 West State Street.(MLB) K. Findings and Conclusions for CU-7-99 Eagle United Methodist Church: Project Description: Eagle United Methodist Church, represented by Bruce Poe with Cole Associates, is requesting a conditional use permit for a 4,600-square foot expansion of the existing church. The 5.5-acre site is located on the west side of Eagle Road approximately ½-mile north of State Street at 651 N. Eagle Road.(MLB) Findings and Conclusions for FPUD-4-99 & FP-12-99 - Aries Development, LLC: Project Description: Aries Development, LLC, represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 1, a 97-1ot (75-buildable) residential subdivision. This 67.26-acre (approx.) phase of Brookwood PUD is located on the northeast comer of Eagle Road and Floating Feather Road. The site is within the Eagle City Limits. (MLB) Approval of a Wine and Liquor license for Tradition Golf Management Inc.: (SrM) Sedlacek moves to remove Item 4L from the Consent Agenda and Merrill moves to remove Item 4F and 4I from the Consent Agenda and add as Item 4N: the approval of the Beer and Wine License for Rocky Mountain Pizza Huts, Inc., and to approve the amended Consent Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES ........... Merrill moves to add as Item 9 an Executive Session for the discussion of personnel matters and move Adjournment to Item 10. Seconded by Guerber. ALL AYE: MOTION CARRIES ........... 4F. DR-37-99 - R & D Office Building Within Rocky Mountain Business Park - Steed Construction:: 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. Steed Construction, represented by Habitec Architects, is requesting design review approval for a 16,128-square foot research and development office building. The site is located on the north side of East Iron Eagle Drive within Rocky Mountain Business Park, approximately 750-feet west of Edgewood Lane (no address has been assigned). (MLB) Mayor introduces the issue. Merrill I need to abstain from voting on this item even though I have no interest in this project, as this is my brother-in-law. Sedlacek moves to approve DR-37-99 R&D Office Building within Rocky Mountain Business Park- Steed Construction. Seconded by Bastian. 3 AYES: 1 ABSTAIN: ALL AYE: MOTION CARRIES .................... 41. Findines and Conclusions for CU-5-99 Washington Mutual: Project Description: Washington Mutual, represented by Martin Hill with Callison Architecture, Inc., is requesting a conditional use permit for a 5,000-square foot bank with drive-up service within Channel Center Subdivision located at 468 S. Rivershorc Lane. The site is located on the southwest comer of new State Highway 44 and Eagle Road. (MLB) Mayor introduces the issue. Merrill: I would like to add to this the outcome from the Design Review meeting that was held last night. The Staff Report is not written yet but I would like to have staff report on this. General discussion. Butler: Discusses the berm and provides Council an overview on the issue. Martin Hill, with Callison Architecture, Inc., representing the applicant. Discusses the Site Specific Conditions presented to Design Review and the presentation to Design Review on October 25, 1999. Discussion on the Findings & Conclusion on the Conditional Use Permit. General discussion. Sedlacek moves to approve the Findings of Fact and Conclusions for CU-5-99 with clarification on Page 9 of 15 #1. That the berm be a minimum of 4' elevation between the highest point of the drive-thru lane and the center line of either Eagle Road or Eagle Bypass and the landscaping shall be subject to the conditions of Design Review. Seconded by Bastian. Discussion. Sedlacek amends her motion to say a minimum of 4' elevation above the highest point of the drive-thru lane. Second concurs. 3 AYES: 1 ABSTAIN: MOTION CARRIES ............... Discussion on the meaning of"remand". Council directs staffto work with the applicant. 4L. Findings and Conclusions for FPUD-4-99 & FP-12-99 - Aries Development, LLC: Project Description: Aries Development, LLC, represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 1, a 97-1ot (75- buildable) residential subdivision. This 67.26-acre (approx.) phase of Brookwood PUD is located on the northeast comer of Eagle Road and Floating Feather Road. The site is within the Eagle City Limits. (IVlLB) Mayor introduces the issue. Sedlacek: Discusses on Page 3 of 4, Paragraph 12, the water solution. Discusses the meeting that was held. Discussion on recommended wording. Sedlacek moves to approve the Findings of Facts and Conclusions for FPUD-4-99 & FP-12- 99 for Brookwood Subdivision with clarification on the Site Specific Conditions of Approval No. 12, the last line should read: City issuing any building permits for Phase I. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ................ 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: A. Drainage District No. 2 Agreement: (SEB) City Attorney discusses the proposed Agreement. I am meeting with Drainage District #2 next week. General discussion on the Agreement. Discussion on cleaning out the ditch since the water is down. B. Discussion of Downtown Parkinm (SEB) City Attorney: Lynne Sedlacek and I have discussed this. Distributes copies of the Letter to Schaal dated October 26, 1999. To do a Letter of Intent I need to have some more information. I have a problem with some of the conditions present by the Schaals. General discussion. Council would like to know the purchase price on the vacant lot at the comer of State Street and Eagle Road. Bill will check on who the owner is and let the Mayor know so he can contact the owner. Council concurs to have two Council Members and the City Attorney meet with the Schaals. A late afternoon meeting. City Attorney: Provides Council with an update on the Larry Schwartz Joint Parking Agreement. General discussion. C. Discussion of Friendship Park Tennis Court repairs for the upcoming fiscal year. City Clerk: Discusses meeting the end of September with Eterna-Line and Larry Cadwell on the repairs made at Tennis Court. Larry Cadwell wanted to know what repairs the City Council had approved for the new fiscal year. Council did not add any further repairs to the FY99/00 Budget. General discussion. Nancy will contact Larry Cadwell to get some more information on a Sport Court. 7. PUBLIC HEARINGS: A. Consideration of amendments to Canital Imnrovement Plan. (SEB) City Attorney: Provides overview of proposed changes to the CIP. Recommend that Item 7A and Item 7B continued to the next scheduled City Council meeting. I will be meeting with Dave Szplett, ACHD, to discuss the Highway Districts Impact Fees and tax credits. General discussion. Discussion on the Pathway section of the CIP. Bastian moves to continne Item 7A and 7B to the November 23, 1999, meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... B. Ordinance 358: Amendments to ordinance 345, Development Impact Fee ordinance. (SEB) Continued to the November 23, 1999, meeting. 8. NEW BUSINESS: A. Consideration of Ordinance 358: (SEB) Sedlacek moves to continue until after the Public hearing. Seconded by Bastian. ALL AYE: MOTION CARRIES ......... B. Award of Ground Maintenance Bid: (SKM) Mayor introduces the issue. General discussion on the parks and maintenance of City owned property. Bastian moves to accept the Trautman Lawn & Landscape Company Bid for Park Maintenance in the amount of $109,815. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............... Bastian moves to go into Executive Session for discussion on Personnel. Seconded by Merrill. ALL AYE: MOTION CARRIES ................. Mayor: Reports on the remodeling of the Old Library building. The builtflng could end up costing $100,000. General discussion. 9. ADJOURNMENT: Guerber 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. SH~ON K. MO0~ CITY CLE~ASU~R ~PROVED: CKNf d , ~YOR ~