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Minutes - 2003 - City Council - 01/14/2003 - Regular / . " ORIGINAL EAGLE CITY COUNCIL Minutes January 14,2003 EXECUTIVE SESSION: 6:00 P.M. A. Discussion ofpendiDl! litieation. I.C. § 67-2345(f) Bastian moves to go into executive session for the discussion of pending litigation according to Idaho Code 67-2345(t). Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES.......................... Council discusses pending litigation. Council leaves executive session. PRE-COUNCIL AGENDA: Chelsea Chamberlain: I am II years old and a 6th grade student at Eagle Middle School. I was recently selected to take part in a group called People to People. People to People was started by President Eisenhower in 1956. My trip will be to England, Scotland, Wales and Ireland. I have even received a letter from a member of Parliament. I will spend home stays in Ireland and England. I will be learning the difference in our cultural and the English Cultural. The cost of my trip will be about $4,600 and I am asking the City Council if they would. be willing to sponsor me. General discussion. ~ J 1. Ada County Sheriffs Office: Sgt. Patrick Schneider will present the monthly report for December. Sgt. Schneider distributes a copy ofthe monthly report and discusses the same. We are dealing with loud muffler cases. I am waiting for an opinion from the Ada County Prosecutor's Office. Discussion on alternative methods of enforcement for juveniles and having offenders appear before the City Council. We are working on the lighting issue on Parkinson. There is a need for a couple of street lights in the area. Discussion on construction burglaries. General discussion. Discussion on Community Policing. 2. Report for the Eagle Park and Pathway Development Committee. Mike Hummel, Chairman of the Park and Pathway Development Committee, we had ~ landmark year. Merrill Park is being built and very close to being completed. It is up to the Mayor and Council when they would like to have a dedication. Tomorrow night we will interview our finalist for the Hill Road Master Plan. For pathways, we are working on a connection on the North Side of the North Channel to connect with Garden City. Discussion on a pedestrian tunnel on the North Side ofthe North Channel. The tunnel will go underneath the bridge. The Land Group is working with ITD on the tunnel. 3. Mayor and Council's Report: Moved to the end of the Agenda 4. City Engineer Report: Moved to the end of the Agenda 5. City Clerk/Treasurer Report: Moved to the end of the Agenda 6. Zoning Administrator's Report: Moved to the end ofthe Agenda 7. City Attorney Report: Moved to the end of the Agenda REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m. Page I K:ICOUNCIL\MINUTESITempornry Minutes Work AreaICC-OI-I4-03min.doc 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Guerber is absent. 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 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. . All design review applications will be appealed by the Zoning Administrator to the City Council for their review and approval. A. Claims Against the City. B. Minutes of December 12,2002. C. Minutes of December 17,2002 Executive Session meeting. D. Minutes of December 17,2002. E. Minutes of January 7, 2003. F. Re-Appointment and Sub-Committee Appointment to the Park and Pathwav Development Committee: Mayor Merrill is requesting Council confirmation of the re-appo!ntment of Angela Deckers to the Park and Pathway Development Committee, for a three year term. Mayor Merrill is requesting Council confirmation of appointment of Cliff Marks as a sub-committee member to the Park and Pathway Development Committee. (NM) G. DR-65-02 - Office Buildine within Casa Escuela Subdivision - Roddv and Glenda Evans: Roddy and Glenda Evans, represented by Patrick McKeegan with Patrick McKeegan Architects, are requesting design review approval to construct a 4, 159-square foot office building within Casa Escuela Subdivision. The site is located on the east side of South Academy Avenue at 316 South Academy Avenue (Lot 1, Block 1, Casa Escuela Subdivision). (WEV) H. DR-66-02 - North Star Charter School - North Star Charter School: North Star Charter School, represented by Gale Pooley, is requesting design review approval to construct a 14,400-square foot school facility. The site is located on the east side of North Park Lane approximately 350-feet north of Floating Feather Road at 1355 North Park Lane (Lot 1, Block 1, Cavallo Estates Subdivision). (WEV) I. DR-67-02 - Bardenav Restaurant and Distillerv within Eaele River Development - Bardenav Restaurant and Distillerv: Bardenay Restaurant and Distillery, represented by Roger Foster with BRS Architects, is requesting design review approval to construct a 6,200-square foot restaurant and distillery. The site is located on the south side of East Riverside Drive approximately 50- feet east of the Hilton Garden Inn within Eagle River Development. (WEV) J. Findines of Fact and Conclusions of Law for CU-IO-O2/PPUD-3-02/PP-6-02- Alderwood Villaee Planned Unit Development - JLJ Enterprises. Inc.: JLJ Page 2 K:ICOUNCll.\MINUTESITemporary Minutes Work AreaICC-OI-J4-03min.doc Enterprises, Inc., represented by Jane B. Suggs, is requesting conditional use, preliminary development plan, and preliminary plat approvals for Alderwood Village Subdivision, a residential planned unit development. The 7.6-acre, 37- lot (3 I-residential, 6-common) subdivision is located on the south side of West State Street approximately 1/2 mile west of Eagle Road, at 825 West State Street. (WEV) K. Findine:s of Fact and Conclusions of Law for PPIFP-4-02 - Mixed Use Subdivision No.4 (Eae:le River Development) - Eae:le River LLC: Eagle River, LLC, represented by Bill Clark with Clark Development, is requesting combined preliminary plat and final plat approval for Mixed Use Subdivision No.4 (formally known as Eagle River Development). The 10.62-acre, 10-lot commercial subdivision is located on the southeast corner of Eagle Road and State Highway 44. (WEV) Bastian removes Item #4E from the Consent Agenda. Sedlacek removes Item #4J from the Consent Agenda. Bastian moves to approve .the amended Consent Agenda. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................. 4E. Minutes of Januarv 7. 2003. Bastian: I have some corrections on a motion I made. Page 1, second to last line on the page, costs to be $6.01 million dollars; Page 2, first line, cost savings would be between 1.6 million to 2.3 million; on line beginning with "would have a tax increase" change "go to" to "build". Bastian moves to approve the corrected minutes of January 7, 2003. Nordstrom. ALL AYE: MOTION CARRIES................... 41. Findine:s of Fact and Conclusions of Law for CU-IO-02/PPUD-3-02/PP-6-02- Alderwood Villae:e Planned Unit Development - JLJ Enterprises. Inc.: JLJ Enterprises, Inc., represented by Jane B. Suggs, is requesting conditional use, preliminary development plan, and I preliminary plat approvals for Alderwood Village Subdivision, a residential planned unit development. The 7.6-acre, 37-10t (3 I-residential, 6-common) subdivision is located on the south side of West State Street approximately 1/2 mile west of Eagle Road, at 825 West State Street. (WEV) Seconded by Sedlacek: I pulled this off because if am concerned about the irrigation plan. Discussion on the Site Specific Condition's of Approval. I have been getting telephone calls from the irrigation lateral users in regard to the delivery lateral ditch that runs alongOnce Upon A Subdivision. We talked about this irrigation ~nd the fact that there was going to have to be an irrigation schedule. There are eight properties that are served by the one lateral and there is definitely going to have to be a rotation schedule. I just want to let you know that one of the Site Specific Condition's of Approval, at the top ofPag~ 22 of28 is plan that talks about the irrigation: "The plans shall include a water rotation plan and scheduled signed by all irrigation lateral users." I can't stress how important that is to me. When we get to the final plat I want to see that there has been some progress along these lines. Providing irrigation water is protected by State Code. Sedlacek moves to approve Findings of Fact and Conclusions of Law for CU-IO-02/PPUD- 3-02/PP-6-02 - Alderwood Village Planned Unit Development - JLJ Enterprises, Inc. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES....................... Page 3 K:ICOUNCILIMINUTESITernporary Minutes Work AreaICC-OI-14-0Jrnin.doc Sedlacek moves to add to the Agenda under New Business as Item #Sc. A request from Chelsea Chamberlain in regards to financial support for her selection as an ambassador in the People to People Program. Seconded by Nordstrom. ALL AYE: MOTION CARRIES............. 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: A. Discussion of draft stipulation and withdraw of protest for the Estate of Eleanor Chase. (SEB) Mayor introduces the issue. Mayor swears in Mike Chase. Mike Chase: We received a copy of the Stipulation that the City drafted and we reviewed it and felt it did not have enough detail. We had our attorney draft an agreement that would spell out everything that we çould think of that could come up. I met with the Mayor yesterday and we reviewed a draft of the agreement and we have made some chaQges. I am ready to go through that agreement. General discussion between Council and Mike Chase. Bastian: I would like to go through this with some points in mind. Under Terms of Agreement, 12B at the bottom there is added sentence "The infrastructure shall also be installed in such a manner as to allow for a water truck to connect to the water delivery system, pressurize the water, and deliver Mitigation Water, in the event of a failure of the City's water system to provide Mitigation Water. The infrastructure shall also include the ability to measure the delivery of Mitigation Water. Now that is certainly adding detail. It is generally our intent to provide a water truck that would provide you with water and not pressurize the water. I think attempting to pressurize the'water would be troublesome. If the truck had any impurities in it they would flow into the City system. That kind of detail is detail that is injurious to us coming to 'a conclusion here. On the next page over, 12B(ii) it says Estate engineer for review; (iii) says upon approval of the plans by the Estate Engineer; (iv) it says inspected and approved by the Estate. What that does is that once we provide a solution then your Estate Engineer looks at it and says that is not sufficient then we are right back into an argument over issues that could plague us forever. What I want to do is walk away from the table and say we have come to a conclusion, we are finished, done deal, no more review, no more arguing over details, this is what it is. On the same page (d) says" Water to the Point of Delivery and the interruption exceeds two hours, the Estate shall have the right to arrange for a water truck to deliver Mitigation Water to the Point of Delivery. Again it is the Estat~ that is coming in and making the arrangements and again I find exception to the fact that the Estate, after the Agreement, is still telling the City the conditions upon which we need to plan the system, deliver the water and all of the things. These are all basis for continued legal hassles and possible lawsuits. Item (f) on the next page says "For purposes of this Agreement, use of the Dairy Water Rights by a third party through the water bank shall not be deemed a diversion of the Dairy Water Rights by the Estate. What this tells me is that you can go ahead and bank this water and sell it to Eagle Water Company and receive water from us and you are double dipþing. You are getting water delivered to your system and you are selling water you are banking. This is a possibility and I don't know if that it your intent or not. It certainly should not be part of this agreement. Nothing to that sort of language was,stated in the original agreement that you and the council members, Page 4 K:\COUNCILIMINUTESITemporary Minutes Work AreaICC-OI-14-03min.doc without our attorneys here, came to a conclusion on. It looks like we are adding material conditions that should not be in this agreement after the fact. No. 13. We are looking at $3,400 and that is for, according to information you gave us, gated pipe and our thinking on that is that we are just delivering water from one place to another and not have gated pipe. Gated pipe is more expensive and that is why the cost went up from $1,500 to $3,400. On Page 5 of 8, 14(a) last sentence: "The Estate Engineer may modify the well monitoring procedure if such modification is, in the Estate Engineer's professional judgment, necessary etc. Again the Estate Engineer once we reach an agreement can change that agreement by just simply modifying the conditions for which the well is going to be monitored. So whåt that does is basically puts us again at odds and possibly conflict so we are possibly going to have litigation over issues we thought we had settled. Because of those conditions my recommendation to the Council is that we do not enter into this agreement. That this agreement material changes the agreement that we entered into between you and the Council in a private session, without our attorneys. What I am recommending is that we go back to the more simplified one and the details you desire but certainly in my opinion a generous $12,000.00 for attorney's fees and all of the basic things that you had requested which was water to your dairy and the fact that we would make the connection for you and allow the current dairy operation continue. Monitor the wells and if there was any determent to your wells we would be willing to pay for that. I think this agreement, the first one, makes you whole, and this one provides a lot of problems that would eventually lead to misunderstanding and interpretation and possible future litigation and I just think that this is not acceptable and we ought to propose that this is what we sign and that is my position. Mike Chase discusses Council Bastian's comments. We are assuming that we are not going to be using our well. Under this agreement we will not be able to use our water. Continued discussion on the proposed agreement from the Chase Estate. Council discussion with Vern Brewer, Holladay Engineering, City Engineer, discussion on the proposed Chase Agreement. Further Council discussion on the proposed Agreement. Bastian: I think that what we tried to do was protect your interest. We have been willing to look at paying $12,000.00 for attorney's fees and we didn't ask the attorney to get involved in the first place. We could have simply gone to a hearing and whatever the result was they don't pay attorney's fees and you would get the results from the hearing. Maybe that is still what we ought to do because we are not getting closer to resolution. I thought when we met privately without attorney's we had a deal and no we are finding that we a complication of that to the point that it is looking like we are having to do more than we intended to do. It is irritating. I don't know if I am serving the Eagle Public well when I agree to take care of your interests by paying your attorney's fees and by continuing this legal process even further ~ow. With the probability that your attorney would not be )¥illing to accept even the $12,000.00. and that is way beyond what might be considered reasonably. I don't know if I'm doing the right thing by the public's interest inthis situation trying to protect you. It looks like we are being pushed into a situation where we are no longer comfortable 'Yith it. We are not comfortable with the ultimate power your Estate Attorney will have in the deal or comfortable with the fact that we have to provide potable water in a truck and pressurize your system which was not part of the original concern or conception. I don't even want to debate it, I'm just telling you this. Bastian moves to continue this item to the January 28, 2003 City Council Meeting and refer it to our Attorney. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES.............;;.. Page 5 K:ICOUNClLIMINUTESITemporary Minutes Work AreaICC-OI-14-03min.doc B. ZOA- 7-02 (ProDosed Ordinance No. 434) - Zonin!! Ordinance Amendment - Citv of Ea!!le and Land Consultants Inc.: Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts And Maps", Article A "DR Design Review Overlay District", Section 7 "Landscape And Buffer Area Requirements", Subsection K "Parking Lot Landscaping", Item 2 "Parking Lot Landscape Strip", Paragraph D; Providing A Severability Clause; And Providing An Effective Date. Second reading, public hearing was closed at the December 12, 2002 meeting. (wEV) Mayor introduces the issue. Zoning Administrator Vaughan: The changes were made per your stipulations. 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 #434 be considêred after being read once by title only. Bastian reads Ordinance #434 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................. Bastian moves that Ordinance #434 be adopted. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES............. 7. PUBLIC HEARINGS: A. Ordinance No. 436: An Ordinance of the City of Eagle, alJ)ending the annual appropriation Ordinance No. 430 for the fiscal year beginning October I, 2002, to reflect the receipt of unscheduled revenues, increasing and establishing the appropriations for expenditures in the block grant fund, providing that the tax levy upon taxable property within the City 0 Eagle is not affected hereby, providing that all ordinances in conflict herewith are repealed to the extent of such conflict, and providing that the ordinance shall be effective upon its publication date. (SKM) Mayor introduces the issue. City Clerk Moore: Jim Birdsall came before Council at the last meeting and discussed the procedure that Mercy Housing using to receive their grant funds. At budget time the City did not realize that these funds wou1d pass Mayor opens the Public Hearing. Mayor closes the Public Hearing. Sedlacek 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 #436 be considered after being read once by title only. reads Ordinance #436 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES................. Sedlacek moves tlÎat Ordinance #436 be adopted. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYE: MOTION CÀRRIES............................... 8. NEW BUSINESS: A. Review and action on DroDosed landscaDine fees submitted bv Trautman's Lawn and LandscaDe for the Pavette River Scenic Bvwav site and the north ent" sien site. (SKM) Mayor introduces the issue. General discussiön. Page 6 K:\COUNCll.IMINUTESITemporary Minutes Work AreaICC-O¡-14-O3min.doc Bastian moves to make a èounter-offer to Trautman Lawn and Landscape Company for a combined fee of $7,600.00 and let them adjust their contract with us in a manner that they prefer to reflect that offer. Seconded by Nordstrom. Discussion. ALL AYE: MOTION CARRIES............... B. Discussion of the December 18. 2002. letter from Land Consultants Inc.. reQuestinl! the issuance of buildinl! permits within Lockwood Subdivision. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: This is a request for the city to issue building permits within Lockwood Subdivision based upon the criteria outlined in Mr. ~utler's letter, 1-5, basically those are that occupancy permits will not be issued to the homes and that a disclaimer will be signed by the builders stating that they are aware of that prior to the paving of the roads being completed. Sign off by the Eagle Fire Department, United Water, Ada County Highway District and Eagle Sewer District be provided prior to their signing off on the issuance of building permits prior to the paving of the roadways. This is presented to you this evening for a motion with consent to allow us to move forward in this direction and when the batch plants are fired up in the spring we would have the roads paved at that time and move on with our standard policy at that time. General discussion. Bastian moves to approve the issuing of building permits not to exceed five (5) for the Lockwood Subdivision ba~ed upon the document presented to us tonight providing public protection and safety to any workers or people who would be building the project with the conditions stated in the letter Page 1 of 1 issued by the Land Consultants, Inc., 1-5, that any conditions requiring pavi~g be superceded, occupancy would not be allowed until after paving occurs. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES.... ..... ...... ........... Sedlacek: Discussion on the street lights installed in Lockwood Subdivision. Discussion on the best way to relay her concern to the Design Review Board. General discussion. C. A request from. Chelsea Chamberlain in rel!ards to financial support for her selection as an ambassador in the People to People Prol!ram. Mayor introduces the issue. General Council discussion. Bastian moves to appropriate $500.00 to support our ambassador, Chelsea Chamberlain, on her trip to the United Kingdom. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.................. Council would also like to give Chelsea some city pins and etc. Larry Sales, Liaison fÌ'om ACHD, discusses the 5 Year Work Program and the work that will be done under the program in the Meridian area. General discussion. General discussion on impact fees. Discussion on moving the gravel located by the proposed Hill Road Park. Discussion on City Liaison attending ACHD meetings. Mavor and Council's Report: City Engineer Report: Vern Brewer, Holladay Engineering: Bruce Smith will be in contact with Matt Howard tomorrow. There are some significant problems with the Chase Agreement. Page 7 " K:ICOUNCIL\M1NUTESITemporary Minutes Work AreaICC-OI-14-03min.doc Discussion on pres~urized irrigation standards. Discussion on subdivision street lights. Discussion on work priority list. City Attorney Report: Discussion on the Buster's lawsuit. The Judge determined that their sign is in violation of the Eagle City Code. They have the usual appeal time. We will be able to recover costs. Discussion on adopting the International Building Code. Zoning Administrator's Report: Ada County Prosecuting Office called in regards to the Blue Moose case. Marcy has pleaded guilty to the charge and was fined. I have asked for a copy of the terms of the agreement. City Clerk/Treasurer Report: AIC Annual conference is going to be in Coeur 'd Alene June 18- 20th. Room costs for the Coeur 'd Alene Inn is $85 for single/double. How many Council Members are planning on attending. City Officials Day at the Capitol is June 30th. How many Council Members are planning on attending. General discussion. I have distributed work reports from our Asset Builder for your review. Bastian: Library Board is looking at the applications that came in for the Director's position. Discusses the issue of the satellite dish. I will arrange for a representative ofthe company to make a report to the Council. I have scheduled a regular meeting with the Zoning Administrator every Thursday at 4:00 p.m. Sedlacek: Chambers after hours is tomorrow night at DiVinci's, 5:30 to 7:00. Sewer district connection fees have gone down. The connect fee was $3,934 and it has been dropped to $3,090. Except for on the west end, any home that is served by the western regional lift station it has a separate component on it in the amount of $713. Nordstrom: I might not be at the next meeting. Mayor: Tomorrow I meet with Susan Buxton to go over their contract and To Do List. We are going to discuss having one of the attorney's at city hall on a regular basis. I am going to have a staff meeting this week. Discussion on the JF AC meeting. Discussion on revenue sharing. I am going to be on a question and answer program on Channel 4 on Thursday at 8:30 p.m. I have received a guideline for riparian from the Fish and Game Department. I think we need to look at this. Discussion on Council Member Nordstrom being able to comment on Planning and Zoning applications that he heard while on the Commission. General discussion. Discussion on meeting with United Water scheduled for February 10,2003. Larry Sales, Liaison ACHD, you may have seen signs along State Street, we are having a meeting on Thursday to listen to people talk about what they want to see happen along State Street. General discussion. Discussion on ACHD policy or plan of action where you have a city street in an older part of town where there are no sidewalks. This would fall under the Neighborhood Enhancement Plan. 9. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10: 15 p.m. Page g K:ICOUNCILIMlNUTESITemporary Minutes Work AreaICC-O t -14-03min.doc Respectfully submitted: SHAR K. MOORE CITY CLERK/TREASURER ..' """"""'" ~" OF B A .~ ~, ...J rtOÞ .41 l' ~ ~ ""..'" <...... ~\ l' , .. ..V- i (j ... ~VOR-4l'.. : . 0 ~.. ::Ù '*: : * : _.- . : . . -: . : \", (",1i A L /;;: : : .';.,"'" '.0= .- "<" .;<:) '."1.: .. ""<P. ""--'~"',.~ *, 1> -'- >.~ ~ <to; *##, -1:; ,;.. ~'1 .(1 ....<to; '" -..' ,..' ",g... ..t,t'~ Page 9 K:ICOUNCILIMINUTESITemporary Minutes Work AreaICC-OI-14-03min.doc EAGLE CITY COUNCIL PUBLIC HEARING SIGN-IN SHEET Subject: Ordinance No. 436 An Ordinance of the City of Eagle, amending the annual appropriation Ordinance No. 430 for the fiscal year beginning October I, 2002, to reflect the receipt of unscheduled revenues, increasing and establishing the appropriations for expenditures in the block grant fund, providing that the tax levy upon taxable property within the City 0 Eagle is not affected hereby, providing that all ordinances in conflict herewith are repealed to the extent of such conflict, and providing that the ordinance shall be effective upon its publication date. January 14, 2003 7:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON?