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Minutes - 2000 - City Council - 02/08/2000 - RegularORIGINAL EAGLE CITY COUNCIL MINUTES February 8, 2000 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Flood Control District No. 10: Bill Clayton and Charlie Ferguson. Charlie Ferguson and Bill Clayton: Our function is really river maintenance. Discusses the boundaries of the District. Charlie is our project manager. Funds come from the landowners. We try to be available to anyone who has a problem along the river. Discussion on the three dams along the river. Discussion on a meeting with FEMA in regards to maps. I want Eagle to take a real hard look about building in the flood plain. EagLe Island will continue to be a problem. Discussion on the flow in the North and South Channel and the river flow between both. Discussion on how a rain or snow storm affects the river. General discussion. 2. Ada County Assessor's Office: David Navarro will discuss tax levies and tax assessments. David Navarro, County Clerk: Discusses property taxes in Eagle and the surrounding area. Everyone in the County pays five funds basically: 1. Ada County no matter where you live; 2. ACHD; 3. EMS; 4. School District; 5. State. General discussion. Mark will provide David some addresses in the proposed annexation area and David will provide a schedule of the taxes. Further discussion. 3. City Attorney Report: Continued to end of meeting. 4. City Engineer Report: No report. 5. City Clerk/Treasurer Report: Continued to end of meeting. 6. Zoning Administrator's Report: Continued to end of meeting. 7. Mayor and Council's Report: Continued to end of meeting. REGULAR COUNCIL AGENDA: 7:40 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 Coancil's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of January 25, 2000. C. Minutes of January 31, 2000. D. DR-25-99 MOD- Building Wall Sign and Monument Sign for Pizza Hut within Eagle Pavilion Shopping Center - Pizza Hut: 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. Pizza Hut, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval to modify the existing building wall sign located on the west elevation to internally illuminated, to add a new internally illuminated building wall sign on the north elevation and a monument sign located along State Highway 44. This site is located within the Eagle Pavilion Shopping Center. (MLB) E. DR-50-99 - Landscape and Recreation Facility within Tuscany at Two Rivers - Dennis Baker and Associates: 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. Dennis Baker and Associates, represented by Phil Hull with The Land Group, is requesting design review approval for the landscape of the common areas, entry signage and for the 3,324-square foot recreation facility proposed within Tuscany at Two Rivers. The site is located on the west side of Eagle Road approximately ~A mile south of State Highway 44 (across from Island Woods Subdivision). (MLB) F. DR-51-99 - Eagle United Methodist Church Building Expansion - Eagle United Methodist Church: 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 United Methodist Church, represented by Bruce Poe with Cole/Associates Architects, is requesting design review approval for a 4,600-square foot expansion to the existing church. The site is located on the west side of Eagle Road approximately ½ mile south of Floating Feather Road at 651 North Eagle Road. (MLB) G. DR-52-99 - Master Sign Plan for The Marketplace at Eagle - William Hodges: 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. William Hodges represented by Phil Hull with The Land Group, is requesting design review approval for a master sign plan for the Marketplace at Eagle. The site is located at the northeast comer of Eagle Road and Chinden Boulevard at 3210 East Chinden Boulevard.(MLB) H. DR-53-99 - Berkshire Estates Landscape Modification - Mike Angelo: 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. Mike Angelo, represented by Jay Gibbons, is requesting design review approval to modify the approved landscaping within Berkshire Estates. The site is located on the south side of Floating Feather Road approximately 1/3 mile west of Highway 55. (MLB) I. DR-55-99 - Building Wall Sign for Vita Plus - Vita Plus: 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. Vita Plus, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of a building wall sign for Vita Plus. The site is located on the north side of Plaza Drive within Eagle Plaza at 228 Plaza Drive.(MLB) J. DR-56-99 - Monument Sign for Retail Center within Channel Center - Dennis Baker and Associates: 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~nal. Dennis Baker and Associates, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of a master sign plan for building wall signage and for a monument sign to be located on Eagle Road. The site is located on the northwest comer of Rivershore Lane and Eagle Road within Channel Center Subdivision at 664 South Rivershore Lane.(MLB) DR-57-99 - Building Wall Sign and Monument Sign for Idaho Banking Company- Idaho Banking Company: 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. Idaho Banking Company, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of two building wall signs and a monument sign to be located on State Highway 44. The site is located north of State Highway 44 within Eagle Pavillion Shopping Center at 402 South Eagle Road. (MLB) Merrill moves to remove Items #G, H and K and approve the amended Consent Agenda. Seconded by Bastian. THREE AYES: ONE NAY: MOTION CARRIES ............... 4G. DR-52-99 - Master Sign Plan for The Marketplace at Eagle - William Hodges: 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. William Hodges represented by Phil Hull with The Land Group, is requesting design review approval for a master sign plan for the Marketplace at Eagle. The site is located at the northeast comer of Eagle Road and Chinden Boulevard at 3210 East Chinden Boulevard.(MLB) Applicant is not at the meeting. Butler: Provides an overview of applicant's request to not have the awnings. General discussion. Sedlacek moves to approve DR-52-00 Master Sign Plan for the Marketplace at Eagle with all the Site Specific and Standard Conditions of Approval as established by Staff and The Design Review Board. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES .............. Merrill moves to prohibit signage in the gables in this development. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ................... 4H. DR-53-99 - Berkshire Estates Landscape Modification - Mike Angelo: 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. Mike Angelo, represented by Jay Gibbons, is requesting design review approval to modify the approved landscaping within Berkshire Estates. The site is located on the south side of Floating Feather Road approximately 1/3 mile west of Highway 55. (MLB) Mayor introduces the issue. Jay Gibbons, South Landscape Architects, representing the applicant. We applied for modification of the originally approved landscape plan, which was approved three years ago. My concern tonight was #3 and I wanted to make sure it was changed. Discusses the modification of landscaping. Butler: Displays an overhead of the landscaping plan and discusses the same. General discussion. Jay Gibbons, Discussion on landscaping in the right-of-way. In this particular area you can't get a 5' berm because of the approved reduced area for the berm. General discussion. Merrill moves to increase the berm on Lot 1 Block 1 from the entry to the East in the existing lawn to increase the berm from 3' to 4', that the applicant meet with a member of the Design Review Committee and Staff to determine what types of planting should be allowed and what work needs to be done in the area to compliment the other side of the street and the other subdivisions in the vicinity. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ................. 4K. DR-57-99 - Building Wall Sign and Monument Sign for Idaho Banking Company- Idaho Banking Company: 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. Idaho Banking Company, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of two building wall signs and a monument sign to be located on State Highway 44. The site is located north of State Highway 44 within Eagle Pavillion Shopping Center at 402 South Eagle Road. (MLB) Merrill: Provides an overview of the Design Review action. Debbie Anderson, Idaho Electric Signs, representing Idaho Banking Company, shows Council a new sign design that is being proposed. The entire display is internally illuminated. Merrill moves to approve DR-57-99 with the changes for the sign and that we also instruct Staff to move forward on changing the language in the Ordinance on wall signs as recommended by Design Review. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........... Merrill moves to add to the Agenda as 6A. Repairs to the tennis courts, moving everything down and 8D. FEMA Map discussion. Seconded by Guerber. ALL AYE: MOTION CARRIES .............. 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: A. Tennis Court Repairs. Merrill: Provides some history on the tennis court and the minor repairs that were done last year and discusses the sport court. Larry Cadwell, Tennis Association. Discusses the advantage of a Sport Court over major repairs to the existing tennis court. Merrill: The tennis court can be used through this year. My thoughts were that we should proceed to get bids for a Sport Court and consider this in our next budget with the idea in mind that the funds could be approved in the budget and work could then begin after October 1, 2001. The costs can be offset by the Impact Fees we are collecting. General discussion. Merrill moves to proceed on gathering bids and information for a Sport Court and move forward to put this in our next budget. Seconded by Guerber. ALL AYE: MOTION CARRIES .......... B. Designation of Park and Pathway Development Committee terms of office. Mayor introduces the issue. Merrill moves that the following appointments be approved: 1 Year Term: Mike Hummell, Sandy McDonald and Matt Glavich; 2 Year Term: Dan Torfin and Charles Ferguson; 3 Year Term: Angela Deckers and Dave O'Kerland. Discussion. ALL AYE: MOTION CARRIES ........... C. Discussion of Transportation Task Force: This item was continued from the January 25, 2000 meeting. Mayor introduces the issue. Guerber moves that the Planning and Zoning Commission would be the Transportation Task Force. Seconded by Merrill. ALL AYE: MOTION CARRIES ................ D. Discussion of funding sources for the Arts: This item was continued from the January 25, 2000 meeting. Mayor introduces the issue. Merrill moves to go forward with the establishment of an Arts Commission and have Bastian and Merrill advertise that the City is seeking volunteers for the Commission and bring recommendations to the Council. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES .................. E. Resolution 00-04 - Proposed land exchange agreement [Eagle River/Reid Merrill~ Sr. Park]: This item was continued from the January 25, 2000 meeting. (SEB) Mayor introduces the issue. Buxton: I have reviewed the Resolution and I am alright with this document and would recommend Council approval. Discusses a Memorandum of Agreement on the Merrill Park land exchange. Merrill moves to approve Resolution 00-04 Proposed Land Exchange Agreement with Eagle River and Reid Merrill, Sr. Park. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. 7. PUBLIC HEARINGS: A. Resolution 00-02: A Resolution Adopting A Fee Pursuant To Section 7-6-11 Of The Eagle City Code, To Provide For The Establishment By Resolution Of A Filing Fee For An Appeal Of The Written Determination On Assessment Of Development Impact Fees And Providing For Effective Date. (SKM) Mayor introduces the issue. City Clerk: At the time you approved the Impact Fee Ordinance the City Attorney recommended that the amount of the appeal filing fee be brought back to Council with a Resolution. Mayor opens the Public Hearing. No one has signed up to speak on this issue and no member of the audience wishes to speak to this issue. Mayor closes the Public Hearing. Bastian moves to approve Resolution 00-02. Seconded by Guerber. ALL AYE: MOTION CARRIES ................. 8. NEW BUSINESS: A. Discussion of Ordinance No. 363: An Ordinance Revising Sections Of The City Of Eagle Municipal Code Title Seven, Chapter 1, Article A,"Building Code1', Article B, "Gas Code", Article C, "Electrical Code" And Article D, Fire Codes And The Addition Of Article F; Plumbing Code And Providing An Effective Date. (MM) Mayor introduces the issue. Mike Mongelli, City Building Official, this is a result of house cleaning on the Building Codes. Discusses the adoption of the 1997 Uniform Building Code. Discusses the Sections of the proposed Ordinances. General discussion. Guerber moves to consider the first reading of Ordinance No. 363 in its entirety by reading the amended Title. Guerber reads the amended Title. Seconded by Merrill. ALL AYE: MOTION CARRIES ................ B. Resolution No. 00-05: A Resolution Of The City Of Eagle, Ada County, Idaho, Providing For Homeowner's Association Approval Of Single Family Residential Building Plans Prior To City Acceptance Of A Building Permit Application For Said Plans; Providing The City With A Hold Harmless Agreement; And Providing An Effective Date. (MLB) Mayor introduces the issue. Butler: Provides information on why this Resolution has been brought before Council. The City doesn't have the authority to enforce CC&R's. General discussion. Buxton: CC&R's are contracts that run with the land and are enforced by the Homeowner's Association and individual landowners. I don't know if I want the City to get involved. You are becoming a third party enforcer on the Contract. All of the subdivision have different CC&R's. You would be putting staff in a position to interpret the CC&R's. I have great reservation about this. The City could have a problem holding up a building permit because of this. General Council discussion. Merrill moves to deny Resolution No. 00-05. Seconded by Guerber. ALL AYE: MOTION CARRIES .................. C. Ordinance No. 366 An Ordinance Changing The Zoning Classification Of The Real Properly Described Herein From R4 (Residential) Classification To CBD (Central Business District) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (MLB) Mayor introduces the issue. Butler: This Ordinance is late coming before you. 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 #366 be considered after being read once by title only. Bastian reads Ordinance #366 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. Bastian moves that Ordinance #366 be adopted. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .............. Mayor calls a recess at 9:20 p.m. Mayor reconvenes the meeting at 9:30 p.m. D. FEMA map discussion: Mayor introduces the issue. Mike Mongelli, City Building Official, discusses a meeting with FEMA and the maps. General discussion and review of the maps. 9. EXECUTIVE SESSION: A. Pending or threatened litigation: I.C.§ 67-2345(f) B. Acquisition of private property: I.C.§ 67-2345 (c) Guerber moves to go into Executive Session to discuss pending or threatened litigation and acquisition of private property. Seconded by Merrill. Bastian: AYE: Merrill: AYE: Sedlacek: AYE: Guerber: AYE: ALL AYE: MOTION CARRIES ................. Council discussion on pending or threatened litigation and acquisition of private property. Council leaves Executive Session. Bastian moves to direct legal counsel to write a draft proposal for purchase of the Schaal property and have staff contact Walt Schaal to do some preliminary investigation concerning asbestos and related issues. Seconded by Merrill. ALL AYE: MOTION CARRIES ................... Merrill moves to have the City Attorney draft a letter to Wells family offering $33,000 for the purchase of their land. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............. Bastian moves to authorize Council Member Merrill to investigate the possibility of acquiring the Joplin property for an Eagle City park. Seconded by Guerber. ALL AYE: MOTION CARRIES ............... Merrill: Reports on the meeting with Dave Nell, Ada County Landfill. Discussion on a 10 acre parcel that they have set aside. They would be willing to having ACHD stock pile the gravel that is on our park property on Hill Road. Discussion was all three entities to enter into a land swap/purchase/lease of the property. Bastian moves to instruct the City Attorney to meet with representatives from ACHD and Ada County to work out an agreement for the acquisition of this property. Seconded by Merrill. ALL AYE: MOTION CARRIES ...................... MAYOR AND COUNCIL REPORTS: Merrill: Trees have been planted at Echo Creek. There is a Park Committee meeting on the 16th. They would like to begin some planning on the Hill Road Park and some preliminary planning on Merrill Park. Guerber: Tomorrow is Air Quality Meeting. Last Thursday there was meeting of representatives from lTD, ACHD, Mr. Yorgenson, City Engineer and City Attorney to talk about Ballantyne. lTD agreed that they may have been a factor in the problem. Mr. Yorgenson has indicated he is willing to supply all of the land necessary to realign Ballantyne to the West. General discussion. Bastian: I have been in contact with Christine Dinell and Jim Carberry. We will meet on Friday to discuss three things. 1. The Eagle Elementary School, the parking lot and the expanding of the building; 2. The dead trees at Eagle Academy; 3. The desire of City to purchase park land adjacent to new schools sites. Reports on the Library Board meeting. March 1 lth the Library Board will do an anniversary celebration. Library Board is still concerned about the skateboarders. Library is offering intemet classes. General discussion. Sedlacek: Discussion on the Salary Survey with IEC Group. Mayor: Discussion on proposal from Thornton Oliver Keller in regards to the sell and proposal to build-to-suite dated February 8, 2000. City Attorney: I will be gone on March 14th. Mayor: We need to reschedule the Mamh 28, 2000, meeting to March 21, 2000. Zoning Administrator's Report: Reports on the Planning and Zoning meeting and the proposed annexation. General discussion on annexation. Discussion on Ada County adopting the Comp Plan. City Clerk's Report: I distributed the financial reports for November and December, 1999, and also copied a report on the building permits issued between October and January for your information. 10. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:30 p.m. CITY CLERK/TREASURER APPROVED: Rxcx YZA , MAYOR '~