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Minutes - 2000 - City Council - 06/13/2000 - RegularEAGLE CITY COUNCIL MINUTES June 13, 2000 ORIGINAL COUNCIL PRESIDENT MERRILL IS CONDUCTING THE MEETING IN THE MAYOR'S ABSENCE. PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Ada Sheriff's Office: Sgt. Ron Freeman will present the monthly report for May. Sgt. Freeman distr/butes the monthly report and discusses the same. Update on the temporary Skateboard Park. The blocks are up at the new location. We issued 8 skateboard citations in the month of May. We haven't had the problem so far in June. Eagle Fun Day report: this was the best fun day we have ever had. The numbers were up and the incidents were done. No major problems at Lonesome Dove. The tractor pull was a success. Justin Wright has been moved out of Eagle. Detective Murray will be working in Justin's positions until August and at that time we will have a regular officer. General discussion. 2. BFI Representatives Rick Peters, Operations Manager, and Dave Fisher, General Manager, will discuss BFI operations. Dave Fisher distributes a personal profile, he is now the General Manager of BFI. Allied Waste Industries, Inc. has bought the stock of BFI. Provides an overview of Allied Waste Industries. In this part of Idaho we are doing business as BFI. General discussion. 3. Laura Ramsey will discuss computer filtering at the Library. The purpose of talking to you is to petition the Mayor and City Council to change the policy on computer filtering at the Library. Discusses some of the problems with children having access to the Intemet without filtering. Council Member Guerber comments that this is the first time that we have heard it was a Council decision. It was our understanding that this was a decision for the Library Board. General discussion. Council would like to have a joint meeting with the ]Library Board to discuss the filtering issue. 4. City Attorney Report: Request to add to the Agenda Eagle Country Plaza. Item 6A needs to be tabled. Drainage District #2 just had a meeting and Susan hasn't heard from them. Council Member Sedlacek would like Item 6A to remain on the agenda for discussion. Discussion on filtering computers at the Library. 5. City Engineer Report: No report. 6. City Clerk/Treasurer Report: I have provided Council a memo on my discussion with Laraine Merrill in reference to the proposed Swim Program. This item should be added to the agenda for discussion. 7. Zoning Administrator's Report: Design Review Board would like to have a meeting with the City Council for discussion on code sections in regards to replacement of trees on a site. Discusses the FEMA meeting that was held this week. The Rocky Mountain Fitness Center is completed and they have a final occupancy permit. Winco will be returned to P&Z for a second hearing. Staff is working with their representative. General discussion. 8. Mayor and Council's Report: Moved to the end of the Agenda. 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: Bastian moves to add two items to the Agenda under New Business: 8C. Eagle County Plaza - Water issue and 8D. Swim Program with Rocky Mountain Fitness Center. Seconded by Guerber. ALL AYE: MOTION CARRIES ................ 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 May 16, 2000. C. Minutes of May 23, 2000. D. Minutes of May 30, 2000. E. Minutes of June 1, 2000. F. Findings and Conclusions for Wedgewood Subdivision PP-2-00 - Creighton- Westbend LC: Project Description: Creighton-Westbend LC, represented by Steve Benad, is requesting preliminary plat approval for Wedgewood Subdivision, a 55.2-acre, 41-lot residential subdivision located on the west side of Locust Grove Road approximately ¼-mile north of Chinden Boulevard at 7165 N. Locust Grove Road.(WEV) G. Findings and Conclusions for Annexation and Rezone A-l-00 & RZ-1-00 - Creiehton-Westbend LC: Project Description: Creighton-Westbend LC, represented by Steve Benad, is requesting approval of an annexation and rezone from RT (Residential- one unit per five acres) to R-1 (Residential-one unit per acre). The 55.2-acre site is located on the west side of Locust Grove Road approximately ¼-mile north of Chinden Boulevard at 7165 N. Locust Grove Road.(WEV) H. DR-11-98 MOD - Proposed Poles and Safety Netting within Banbury Meadows Golf Course - Banbury Meadows 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 being final. The applicant is proposing to install poles and safety netting along the east end of the driving range and along the north side of the driving range that are 42-feet in height. Per Eagle City Code the maximum height is 35-feet unless a conditional use application is approved by the City. On April 21, 2000, the City received a conditional use permit application requesting a height exception for the poles.(WEV) I. DR-20-00 - Two - Two Story Office Buildings - BB 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. BB One, represented by Phil Hull with The Land Group, is requesting design review approval to construct two 29,800-square foot two story office buildings. The site is located on the west side of Rivershore Lane within Channel Center Subdivision at 599 South Rivershore Lane (a portion of Lot 3, Block 1 and Lot 1, Block 1 and all of Lot 2, Block 1). (WEV) J. DR-22-00 - Retail Paint Store - Reed Development/Eagle 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 being final. Reed Development/Eagle LLC, represented by Jerrie Wolfe Associates, is requesting design review approval to construct a 5,088-square foot retail paint store. The site is located on the south side of State Street, just west of Palmetto Avenue at 753 East State Street. (WEV) K. DR-10-00 MOD - Restaurant/Retail Building within Merrill Subdivision - Rocky Mountain Partners 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 being final. Rocky Mountain Partners LLC, represented by Michael Falash with Falash and Ross Construction Inc., is requesting design review approval of the modified elevation plans of the restaurant/retail building within Merrill Subdivision located at 1059 East Iron Eagle Drive. (WEV) Bastian removes Item 4H from the Consent Agenda and Sedlacek removes Item 41 from the Consent Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES .................... Sedlacek moves to approve the Consent Agenda as amended. Seconded by Bastian. ALL AYE: MOTION CARRIES ................ 4H. DR-11-98 MOD - Proposed Poles and Safety Netting within Banburv Meadows Golf Course - Banbury Meadows 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 being final. The applicant is proposing to install poles and safety netting along the east end of the driving range and along the north side of the driving range that are 42-feet in height. Per Eagle City Code the maximum height is 35-feet unless a conditional use application is approved by the City. On April 21, 2000, the City received a conditional use permit application requesting a height exception for the poles.(WEV) Council President Merrill introduces the issue. Vaughan: This item needs to be continued to July 11, 2000, to be heard with the Conditional Use Permit. Guerber moves that Item 4H be continued to the July 11, 2000, City Council Meeting. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES .......................... 41. DR-20-00 - Two - Two Story Office Buildings - BB 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. BB One, represented by Phil Hull with The Land Group, is requesting design review approval to construct two 29,800-square foot two story office buildings. The site is located on the west side of Rivershore Lane within Channel Center Subdivision at 599 South Rivershore Lane (a portion of Lot 3, Block 1 and Lot 1, Block 1 and all of Lot 2, Block 1). (WEV) Council President Merrill introduces the issue. Sedlacek: I need some clarification on some site conditions of approval. Vaughan: The Conditional Use Permit has not made it to City Council. I would ask that this be continued to the July 11, 2000, City Council meeting. Sedlacek moves to continue this item to the July 11, 2000, meeting to be heard with the Conditional Use Permit. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES .............. 5. FINAL PLATS: 6. UNFINISHED BUSINESS: A. Transfer of property documents from Edge Development to the City of Eagle. (SEB) Council President Merrill introduces the issue. Sedlacek: Drainage District #2 has incurred attorney's fees in the approximate amount of $1,500. The Drainage District doesn't feel that they should have to pay their attorney's fees. We can't seem to get the Developer to do the repairs that need to be done and enter into the agreement. Can we prevent the issuance of buikYmg permits for the two remaining sites in the development? General discussion. Council concurs to authorize the City Attorney to tell Drainage District #2 that the City will contribute $1,500 towards their attorney's fees. Sedlacek moves to table Item 6A. Transfer of property documents from Edge Development to the City of Eagle to the June 20, 2000, meeting. Seconded by Guerber. ALL AYE: MOTION CARRIES ........................ 7. PUBLIC HEARINGS: A. Ordinance No. 370: An Ordinance Of The City Of Eagle, Ada County, Idaho, Amending Eagle City Code, Title 4 Public Health And Safety, Chapter 9 Noise, Section 1 Authority And Purpose; And Section 2: Prohibited Acts; And Providing An Effective Date. Council President Merrill introduces the issue. Council President Merrill opens the Public Hearing. Council President Merrill closes the Public Hearing. Merrill: Sgt. Freeman would like to have the opportunity to review this Ordinance. General discussion. Bastian moves to continue Ordinance No. 370 to the July 18, 2000, meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ....................... 8. NEW BUSINESS: A. Discussion regarding a letter of support to ACHD for prompt installation of a traffic signal at Eagle Road and Island Woods Drive. (RY) Council President Merrill introduces the issue. Luis Amorebieta, President Island Wood Homeowner's Association. Discuss the letters sent to the Mayor and City Council requesting that a signal light be installed at the entrance to Island Wood. We would like to get the support of the City Council. Dan Torfin, Board of Directors Island Wood Homeowner's Association. The cost would be approximately $100,000 for a traffic signal light. ACHD has said that a light will go in and we have paid the trust fund amount. We just asking the City for a letter of support. General discussion. Sedlacek moves to authorize the Mayor to send a letter to AC}ID voicing the City Council support to set a time table for the installation of a traffic signal at East Island Woods Drive and Eagle Road. Seconded by Guerber. ALL AYE: MOTION CARRIES ..................... B. Water Extension to Scenic Byway Interpretive Area: (LS) Council President Merrill introduces the issue. Sedlacek: I meet on site with Dan Brown, Lloyd Campbell and Doug Russell and looked the site over. Until we get water in that area this would be the cleanest and easiest way to get water to the interpretive area. We will need to get an easement from Mr. Campbell who is agreeable to give us an easement and run the water through his meter. Doug provided me a copy of our water demands. I think it will cost approximately $15 - $20 per month. I'm looking for Council authorization for me to move forward and work with the City Attorney and Lloyd Campbell to get the easement and Councils' approval to extend the water system in this particular way. General discussion. Sedlacek moves to extend the water system in such a manner and to work with the City Attorney and Mr. Campbell to obtain the easements. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. C. Eagle Country Plaza - Water issue. Council President Merrill introduces the issue. City Attorney Beiter: Distributes a draft of the Indemnification Agreement between Eagle Country Plaza and the City of Eagle and discusses the same. General Council discussion. Guerber moves to approve the signing of the Indemnification Agreement. Seconded by Sedlacek Discussion. Guerber withdraws his motion and Second withdraws the second. Guerber moves to table this matter to the City Council meeting on June 20, 2000. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................. D. Swim Program with Rocky Mountain Fitness Center. Council President Merrill introduces the issue. General discussion on the swim program and advertising. Bastian moves to approve the swim program with Rocky Mountain Fitness Center, details to be supplied by the City Staff and the first day of use would be June 24, 2000. Seconded by Guerber. ALL AYE: MOTION CARRIES .............. Mayor and Council Reports: Sedlacek: I am at the Community Development Institute this week. You can leave a message on my home telephone number. Sewer District opened the bids on the new building. The Sewer District is moving forward with the new building at a cost of $374,300. Bastian: Reports on the Library Board Meeting. Most of the discussion at the meeting was the book sale at Eagle Fun Days. Discussion on the upcoming budget for next fiscal year. There will be an increase in personnel costs. General discussion. Guerber: No report. Merrill: Discussion of letter from DEQ about air quality. Discussion on Ada County/Eagle Skateboard Park. You have a copy of a letter sent by The Land Group in your mail. We are looking for a new member for Design Review. Mike Kauffman has turned in his resignation. The easements are all together for the pathways. I have an Eagle Scout group that would like to be involved in taking a portion of the pathway. I received a call from the Eagle Scout that has the project Meeting on Thursday, June 15th with the Meridian School District on the remodel at Eagle Elementary school. Cultural Arts Committee met and will meet again to elect officers. Discussion on the trees and water issue at the Library. Discussion on letter from United Water on chlorinating. This needs to be placed on the next agenda. Discussion on trees that have died and trees that are missing at McDonald's and by Ponderosa Paint. 9. ADJOURNMENT: Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES... Heating no further business, the Council meeting adjourned at 9:10 p.m. Respectfully submitted' SHARXON K. MOORE / CITY CLERI~TREASURER APPROVED' Pacl MAYOR u