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Minutes - 2000 - City Council - 08/22/2000 - RegularEAGLE CITY COUNCIL MINUTES August 22, 2000 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Geneva Trent will be presented with a token of appreciation for her service on the Planning and Zoning Commission. Mayor thanks Geneva Trent for her dedication and service and presents Geneva with an Eagle award. 2. Sgt. Run Freeman will be presented with a token of appreciation for his outstanding leadership during his time in Eagle. Mayor recognizes Sgt. Freeman for his dedication and service to the City of Eagle and presents him with a framed print of an eagle. 3. Deputy Brenda Glenn will discuss South First Street between State Street and Aikens Road. Sgt. Freeman: We are getting calls from the businesses as to the traffic on First Street and the parking problems. Discussion on changing the First Street back to a two way street. ACHD is willing to put up parking signs. Traffic problems have increased with the opening of the Blue Moose Restaurant. General discussion. Deputy Brenda Glenn discusses the traffic and parking problems. The residents and the businesses along First Street would like to see the street changed back to a two way street. Further General discussion. Discussion on a peeping toms ordinance and changing the City Code. General discussion. 4. City Attorney Report: No report. 5. City Engineer Report: No report. 6. City Clerk/Treasurer Report: No report. 7. Zoning Administrator's Report: No report. 8. Mayor and Council's Report: Sedlacek: Discussion on Trail Creek's Homeowner's Association selling the tot lot to a builder to consti*uction a home. We need to check to see if this is a buildable lot or is part of the required common space. General discussion. Report on the Scenic By-Way. General discussion. Bastian: No report. Mayor: The Treasure Valley Partnership will be meeting at Eagle Island State Park on Monday at 11:00 a.m. if anyone is interested in attending. The Master Plan will be presented at this meeting. Merrill: Discusses the Petition from the Trail Creek Homeowner's Association. The signs have been changed, shields have been ordered for the lights and the telephone has been installed. There is another Petition going around from the residences that are in support of the Skateboard Park. Kuna is wanting to buy the equipment from the temporary Skateboard Park. Star is interested in the playground equipment at OK Park. Discussion on the pathway easements. Discussion on pre-meetings for preliminary plats. General discussion. Park meeting is on the 20th of September. Jensen Belts will be at the meeting to discuss Merrill Park. Guerber: ACHD is supporting us in our efforts to get another crossing between Eagle Road and Edgewood. There will be some stipulations in regards to safety. They will be sending a letter to ITD. 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 Council's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of August 2, 2000. B. Minutes of August 8, 2000. C. Minutes of August 15, 2000. D. Claims Against the City. E. DR-41-00 - Relocating Two Portable Classroom Buildings at Ea~le High 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 o fan application being final. Meridian Joint School District No. 2, represented by Leatham-Krohn-Van Ocker, is requesting design review approval to install two 1,200-square foot portable classroom buildings at Eagle High School. The site is located on the east side of Park Lane approximately 2,000-feet north of State Street at 574 North Park Lane. (WEV) Merrill removes Items D and E from the Consent Agenda and moves to approve the Amended Consent Agenda. Seconded by Bastian. ALL AYE: MOTION CARRIES... 4D. Claims against the City. Merrill: I have one claim that I would like to reserve for discussion in the pending Executive Session. Merrill moves to approve the remaining claims against the City. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............. 4E. DR-41-00 - Relocating Two Portable Classroom Buildings at Eagle High 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-Krohn-Van Ocker, is requesting design review approval to install two 1,200-square foot portable classroom buildings at Eagle High School. The site is located on the east side of Park Lane approximately 2,000-feet north of State Street at 574 North Park Lane. (WEV) Merrill: I don't think we can approve the DR before the Conditional Use Permit. Merrill moves to add 4E to the Agenda under 6A. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. Merrill moves to add an Executive Session for the discussion of threatened litigation to the Agenda at Item 9A and Adjournment would be Item 10 and to add as Item 8B. Change Order request for Ada/Eagle Skateboard Park. Seconded by Bastian. ALL AYE: MOTION CARRIES ................ 5. FINAL PLATS: None 6. PUBLIC HEARINGS: A. CU-11-00 - Two Portable Classrooms for Eagle High School - Meridian Joint School District No. 2: Meridian Joint School District No. 2, represented by Leatham- Krohn-Van Ocker Architects, is requesting conditional use approval to install two 1,200 square foot portable classroom buildings at Eagle High School. The site is located on the east side of Park Lane approximately 2,000-feet north of State Street at 574 North Park Lane.(WEV) 4E. DR-41-00 - Relocating Two Portable Classroom Buildings at Eagle High 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-Krohn-Van Ocker, is requesting design review approval to install two 1,200-square foot portable classroom buildings at Eagle High School. The site is located on the east side of Park Lane approximately 2,000-feet north of State Street at 574 North Park Lane. (WEV) Mayor introduces the issue. Mayor opens the Public Hearing Stillman Anderson. Meridian School District is requesting the Conditional Use Permit. Discusses the location of the portables and the exterior finishes. General discussion. Vaughan: Displays an overhead of the site plan of Eagle High School and discusses the application. Heating and seeing no one that wishes to speak to the issue the Mayor closes the Public Heating. General Council discussion. Bastian moves to approve CU-11-00 Two Portable Classrooms for Eagle High School and this would also include DR-41-00 Relocating Two Portable Classroom Buildings at Eagle High School - Meridian Joint School District No. 2. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ............. B. Aquila Subdivision - PP-4-00 - Eagle Village~ LLC: Eagle Village, LLC, represented by Jack Cooncc with Oppenheimer Development Corporation, is requesting preliminary plat approval for Aquila Subdivision. The 5.61-acre, 7-lot commercial subdivision is located on the northwest corner of State Street and Palmetto Avenue. (WEV) Mayor introduces the issue. Mayor opens the Public Hearing. Jack Coonce, Oppenheimer Development. Displays the Master Plan of the area and discusses the same. Vaughan: Provides Council an overview of the application and the project. General discussion. Guerber moves to approve Aquila Subdivision - PP-4-00 Eagle Village be approved as presented with stipulations set down by Planning and Zoning. Second by Merrill. ALL AYE: MOTION CARRIES ................ 7. UNFINISHED BUSINESS: A. Update on the Hormaechea - Municipal Well Agreement. (SEB) Mayor introduces the issue. City Attorney: I discussed this agreement with Evan Robertson. I haven't talked to Mike. Mike Hormaechea. I have discussed this agreement with my partners. Metering the well is not a problem. Two items for discussion. Land costs and the cost of the power to operate the well. If we enter into a 50/50 agreement these costs would also need to be shared. Discussion on the cap of $125,000 for the City participation. Evan Robertson: Discussion on the cost of the well and the cap of $125,000 for the City participation. Further discussion. Discussion on entering into an agreement with the provision that the well will be put out for bid and the City and Hormaechea will address the issue when the costs are determined. Further discussion between the parties. This item is to be added to the August 29, 2000, City Council Agenda. B. Transfer of property documents from Edge Development to the City of Eagle. (SEB) City Attomey: Discussion on the provisions of the Agreement for the Conveyance of Real Property. With Item #5 we would be unable to put the bridge over the drainage district onto the property. I need to talk to Bradbury on this issue. General discussion on the Agreement. This matter needs to be tabled until the agreement can be reviewed. Sedlacek moves to continue the transfer of property documents from Edge Development to the City of Eagle. Seconded by Merrill. ALL AYE: MOTION CARRIES ............ C. Discussion re~ardin~ the ~rol~osed budget for FY 00/01.(SKM) General discussion on the Topics for Discussion. 8. NEW BUSINESS: A. FPUD-2-00 & FP-3-00 - Final Development Plan and Final Plat for Brookwood Subdivision No. 3.Aries Development, LLC: Aries Development, LLC represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 3, a 59-Iot (45-buildable) residential subdivision. A portion of Phase 1 is proposed to be replatted and included into this phase. This 31.4- acre (approx.) phase of Brookwood PUD is located on the northeast comer of Floating Feather Road and Eagle Road (east of Phase 1 and north of Phase 2). The site is within the Eagle City Limits. (WEV) Mayor introduces the issue. Mike Hormaechea, applicant. Displays an overhead of the site plan and discusses the Sallie. Vaughan: Displays an overhead of the preliminary phasing plan for the entire site and discusses the same. General discussion. Mike Hormaechea discusses the number and sizes of lots, the pond and flood storage capacity and the flood plain. Discussion on micro-paths and the gravel pathway. General Council discussion. Guerber moves to approve FPUD-2-00 & FP-3-00 Final Development Plan and Final Plat for Brookwood Subdivision No. 3 Aries Development with the conditions as proposed. Seconded by Bastian. Discussion. Guerber adds to the motion: 5 cul-de-sacs shown on this plat shall have separated sidewalks and street trees as proposed with other areas of the development. Second concurs. Discussion. TWO AYES: TWO NAYS: MAYOR: AYE: MOTION CARRIES ............. B. Change order request for Ada/Eagle Skateboard Park. Mayor: This item needs to be addressed after the Executive Session. 9. Executive Session, Discussion of threatened litigation. I.C., 67-2345(f}. Guerber moves to go into Executive Session for the discussion of threatened litigation. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYES: MOTION CARRIES ................... Council leaves Executive Session. Merrill moves to pay the Materials and Testing claim against the City. Seconded by Guerber. ALL AYE: MOTION CARRIES ............ SB. Change order request for Ada/Eagle Skateboard Park. Sedlacek moves to continue the draft Change Order to the meeting on August 29, 2000. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. 10. ADJOURNMENT: Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES... Hearing no further business, the Council .meeting adjourned at 11:30 p.m. Respectfully submitted: ~ SHARON K. MOORE ,.I: ':7 CITY CLERK/TREASURER ~ '~ APPj~VED: MAYOR